HomeMy WebLinkAboutCity Council-Agenda Packets-9/11/2001
City of
Texas
AGENDA
CITY COUNCIL MEETING
5400 BRANSFORD ROAD
September 11, 2001
6:45 P.M. - CALL TO ORDER
ROLL CALL
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Property Acquisition - Fire Station
Personnel - Tax Increment Financing District Board of
Directors
Sec. 551.072-
Sec. 551.074-
7:30 P.M. - RESUME REGULAR MEETING
INVOCATION: Pastor Lee Johnson, Bear Valley Community Church
PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney
2. READING AND PUBLIC HEARING - Resolution R-01-1837 - Appointment of
Councilperson to Place 4
3. SWEARING IN OF NEW COUNCILPERSON
4. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS
P.O. BOX 185 COLLEYVILLE. TEXAS 76034 (817) 577-7575
CONSENT:
5. READING AND PUBLIC HEARING - Resolution R-01-1838 Consent Items:
a. Approval of minutes of the regular City Council meeting of September 4.
2001
b. Approval of additional testing services with Rone Engineers, Inc.. for the
Colleyville Justice Center, in the amount of $20,317.25
c. Renewal of an Interlocal Agreement with the City of Southlake, Texas, for
Geographic Information System (GIS) services
d. Approval to extend the Interlocal Agreement with the City of Grapevine for
fleet services for Fire Department vehicles
e. Approval of Annual Review of the City's Investment Policy
f. Approval of the Local Historical Marker Application for the Memorial for the
Colleyville Civil War Veterans
PUBLIC HEARINGS:
6. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1298-
Approval of a city limit line adjustment between the City of Colleyville and the City
of Hurst on 1.4 acres of land at the common city limit line and the end of Live
Oak Drive, Case G-01-014
7. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1299 -
Approval of a Special Use Permit for vehicle sales with outside display requested
by Allen Roberts, Big Tex Trailers, located at 4201 Colleyville Boulevard, Case Z-
01-020
8. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1300 -
Approval of an amendment to Chapte:- 6 of the Colleyville Code of Ordinances
regarding alcoholic beverages regulations, Case G-01-015
9. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1301-
Adoption of the proposed Fiscal Year 2001-2002 Budget
10. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1302 - Setting
the Ad Valorem Tax Rate for Fiscal Year 2001-2002
11. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1303 _
Amending Ordinance 0-92-880 setting fees and charges for City services and
facilities
12. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1304 _
Adopting a water and sewer rate increase
13. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1305 _
Approval of Texas Municipal Retirement System (TMRS) Updated Service Credit
and Annuity Increase
14. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1306 - Approval
of a City Developer Agreement with I. C.!. Development L. L. C., .for the Clairmont
Addition - Phase I
15. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1307 - Adopting
the Colleyville Economic Development Corporation Fiscal Year 2002 Budget
16. READING AND PUBLIC HEARING - Resolution R-01-1839 - Approving the
Economic Development Capital Improvement Program (FY2002-2006) for the
Colleyville Economic Development Corporation
17. READING AND PUBLIC HEARING - Resolution R-01-1840 - Calling a special
election for the purpose of electing a Councilperson to Place 4, for the unexpired
term, to be held on November 6.2001
18. RECONSIDERATION OF RESOLUTION R-01-1824 - Approval of a final plat of
Heritage Glen Addition requested by Matt Torbit, Mady Development
Corporation, 10.0 acres located at 3508 Glade Road, Case P-01-021
19. READING AND PUBLIC HEARING - Resolution R-01-1841 - Approval
certifying as the reasons for denial of the application for the final plat of the
Heritage Glen Subdivision
TABLED ITEMS:
20. CONSIDERATION OF ORDINANCE 0-01-1293 - A Special Use Permit for
alcoholic beverage sales for on-premise consumption, requested by Michael
Nevares, on Lot AR, E. M. Thompson Subdivision located at 5224 Colleyville
Boulevard, Miguelito's Mexican Restaurant, Case Z-01-015
STAFF REPORTS:
21. MONTHLY FINANCIAL REPORT
22. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
ACTION/RESOLUTION:
23. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 11, 2001 _
Reading and Public Hearing - Resolution R-01-1842
ADJC",,; .i~'ENT:
24. ADJOURNMENT
I hereby .:"rtify the above agenda was posted on the bulletin board at City Hall on Friday, September 7,
2001. at 4:30 p.m.
~Y-L-~~
Cynthia Singleton, TRMC
City Secretary
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.577.7575, and reasonable accommodations will be made to assist you.
c\lr 1)1
CCe)il~
CITY COUNCIL 'O'"S AGENDA BRIEFING
For mtg. : 09/11/01 CMO Approval:
Item # :
1
Ordinance # :
N/A
Previous Action: None
DEPT. :
CITY COUNCIL
SUBJECT:
Executive Session - In accordance with Texas
Government Code Chapter 551, Subchapter D
Sec. 551.071 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Property Acquisition - Fire Station
Personnel - Tax Increment Financing District Board of
Directors
Sec. 551.072-
Sec. 551.074-
-~
CITY MANAGER . /!2-....,
~Y-h- ~C-u,~
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
C,I.' 0,'
~
/~~~1~,
0~r~;F\~-,!-,,:;;;
CITY COUNCIL ~' AGENDA BRIEFING
For mt .:
Item #:
09/11/01
CMO Approval:
2
Resolution # :
R-01-1837
Previous Action: None
DEPT. : I
CITY COUNCIL
SUBJECT: I
Appointment of a Councilperson, Place 4
Reading and Public Hearing
Dennis Marlin resigned as Councilmember, Place 4, and City Council accepted the
resignation effective September 4, 2001. Section 3.05 of the City Charter requires that
a vacancy in the Council shall be filled within thirty (30) days of the occurrence of the
vacancy by a selection of an individual that: (a) is a resident of Colleyville and shall
have been a resident for a period of not less than twelve months immediately preceding
their election; (b) is a qualified voter of the State of Texas and the City of Colleyville;
and (c) is not indebted to the City.
The appointee will serve until the position is be filled at the Special Election, to be held
November 6, 2001.
~_.
CITY MANAGE~ . J /'1
~0J ~ ~)0---"~
DEPARTMENT HEAD .
FINANCIAL REVIEW (IF NECESSARY)
RESOLUTION R-01-1837
A RESOLUTION APPOINTING A COUNCIL PERSON, PLACE 4
WHEREAS, Dennis Marlin has resigned as Councilperson, Place 4. and such
resignation has been accepted by the City; and
WHEREAS, City Council will appoint a Councilperson, Place 4, to serve until a Special
Election is held November 6, 2001, to fill the vacancy created by the
resignation of Dennis Marlin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT IS herebv appointed to serve as
-,:':...1r:::iDe~,;:), ;:JiBe:: 4. u,,: a ~ _eciei Eiect:;n IS n9ia r\l;Jvember:: 2:Q1.
AND IT IS SO RESOLVED.
APPROVED THIS
OF AYES.
DAY OF
NAYS, AND
, 2001, BY A VOTE
ABSTENTIONS.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
C \I ~ '>t
. ~~
.. CITY COUNCIL <.J~-: TI5 AGENDA BRIEFING
For mtg. : '
Item # : i
I
!
I Ordinance # : I
i N/A
i
Previous Action: None
09/11/01
CMO Approval:
4
DEPT.: I
I CITY COUNCIL
SUBJECT: I
I CORRESPONDENCE. MISCELLANEOUS
I REPORTS OF MEETINGS ATTENDED BY THE
i COUNCIL AND CITY OFFICIALS AND
i ANNOUNCEMENTS, PROCLAMATIONS. OR
PRESENTATIONS
-"' _-?/
CITY MANAGER . / f ,
~~~!~
DEPARTMENT HEA j
FINANCIAL REVIEW (IF NECESSARY)
RESOLUTION R-01-1838
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING OF SEPTEMBER 11, 2001
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.
f.
THAT the agenda decisions approyed by Council actIon under Consent
Items as follows are hereby adopted:
a
THAT the minutes of the regular City Council meeting of September 4.
2001, are hereby approved.
b.
THAT the additional testing services with Rone Engineers. Inc.. for the
Colleyville Justice Center, in the amount of $20.317.25 is hereby approved.
c.
THAT the renewal of an Interlocal Agreement with the City of Southlake.
Texas, for Geographic Information System (GIS) services is hereby
approved.
d.
THAT the extension of the Interlocal Agreement with the City of Grapevine
for fleet services for Fire Department vehicles is hereby approved.
e.
THAT the Annual Review of the City's Investment Policy is hereby
approved.
THAT the Local Historical Marker Application for the Memorial for the
Colleyville Civil War Veterans is hereby approved.
AND IT IS SO RESOLVED.
APPROVED THIS
OF AYES,
ATTEST:
Cynthia Singleton, TRMC
City Secretary
DAY OF
NAYS, AND
Resolution R-01-1838
Page 2 of
.2001. BY A VOTE
ABSTENTIONS
CITY OF COLLEYVILLE
Donna Arp
Mayor
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
SEPTEMBER 4, 2001
The regular meeting of the Colleyville City Council was called to order by Mayor Donna
Arp on September 4, 2001, at 6:48 p.m.
ROLL CALL:
Councilpersons Joe Hocutt, Brad Rice, and Dana Feldman and
Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City
Manager Bill Lindley, Deputy City Manager Dianne McWethy,
Finance Director Terry Leake, Interim Public Services Director
Keith Fisher, Economic Development Manager Mike Soab,
Community Development Manager Barry LeBaron, Project
Manager Clayton Husband, Public Works Manager Randy Brown,
Human Resources Manager Kelly Cooper, Records Manager Matt
Denton, City Attorney Ross Foster, Executive Secretary Kelly
McFarland and City Secretary Cynthia Singleton were also present.
Councilman Dennis Marlin was absent.
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Legal - Potential Litigation - Steve Magee
Personnel - Tax Increment Financing District Board of
Directors
Sec. 551.071 -
Sec. 551.074-
Mayor Arp explained that the Executive Session had been called in accordance with
Texas Government Code Chapter 551, Subchapter 0, 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 7:41 p.m.
The invocation was given by Reverend Carter Foster of Colleyville Christian Fellowship
after, which Ross Foster led the Pledge of Allegiance.
CITY COUNCIL MINUTES
SEPTEMBER 4, 2001
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS
Mayor Arp introduced new City Manager Bill Lindley.
Councilman Feldman announced that applications are being accepted for Appointment
to the Ethics Committee through September 21, 2001.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-01-1830 Items:
a. Approval of minutes of the regular City Council meeting of August 21,
2001
b. Approval of an Interlocal Agreement for the Metroport Teen Court
Program
~
'-'.
A~Dr:J\.'3: to re~~\.\1 2~ in:er- Q:3 -~;'~=s0~'=nt V/'-- tr:=, .=~;:~.,=,..:' r~' -: \!V'=-:~; ..::--
collection and disposal of housenold nazardous waste
d. Approval of inclusions to Chapter II - Employee Responsibilities and
Conduct, Section a. Weapons Policy; Section R. Employee Safety;
Section S. Inclement Weather Conditions of the City of Colleyville
Personnel Policies and Procedures Manual
Mayor Arp opened the public hearing and read Resolution R-01-1830 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mayor Pro Tem Tigue moved to approve Resolution R-01-1830.
Councilman Feldman seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion earned.
2
CITY COUNCIL MINUTES
SEPTEMBER 4, 2001
PUBLIC HEARINGS:
4. READING AND PUBLIC HEARING - Resolution R-01-1831 - Accepting the
resignation of Council member Dennis Marlin, Place 4
Mayor Arp opened the public hearing and read Resolution R-01-1831 in its entirety.
Mr. Rich Munson, 1905 Hall-Johnson Road, requested information regarding the
process for appointment of a councilmember and the dates of a special election.
Mayor Arp outlined the process for submitting an Application for Appointment for
Councilmember, Place 4 and stated the Special Election will be held November 6, 2001.
Councilman Feldman moved to approve Resolution R-01-1831.
Mayor Pro Tem Tigue seconded the motion.
Ayes: Council persons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
5. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1298-- Approval of
a city limit line adjustment between the City of Colleyville and the City of Hurst on
1.4 acres of land at the common city limit line and the end of Live Oak Drive,
Case G-01-014
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1298.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
6. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1299 - Approval
of a Special Use Permit for vehicle sales with outside display requested by Allen
Roberts, Big Tex Trailers, located at 4201 Colleyville Boulevard, Case Z-01-020
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1299.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mr. Allen Roberts, 3901 S.E. Loop 820, Fort Worth, Texas, applicant presented an
overview of Big Tex Trailers and was present to answer questions.
3
CITY COUNCIL MINUTES
SEPTEMBER 4, 2001
Discussion ensued regarding size and appearance of trailers, type of painting on site,
location of other Big Tex Trailer stores, potential sales tax revenue and personal
property tax.
7. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1300 - Approval
of an amendment to Chapter 6 of the Colleyville Code of Ordinances regarding
alcoholic beverages regulations, Case G-01-015
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1 300.
Mr. Michael Nevares, 1216 Crestview Drive, spoke in favor of the proposed Ordinance.
There were no others wishing to speak concerning this item and Mayor Arp closed the
public hearing.
8. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1301- Adoption of
the orooosed Fiscal Year 2001-2002 Budget
Mayor Arp opened the puoiic hearing and read the caption of Ordinance 0-01-1301.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mayor Arp commended Deputy City Manager Dianne McWethy, Finance Director Terry
Leake, and department heads for their preparation and presentation of the budget.
Councilman Rice stated that the staff made the process informative and interesting.
Councilman Feldman thanked the staff for putting together an excellent budget
presentation.
Mayor Pro Tem Tigue thanked staff for running the city so efficiently and beautifully.
Mayor Arp stated that the Council desired to make the City an "Employer of Choice" and
wanted to emphasize the importance of the employees by adding the words, "Employer
of Choice", to the City's Vision Statement.
9. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1302 - Setting the
Ad Valorem Tax Rate for Fiscal Year 2001-2002
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1302.
4
CITY COUNCIL MINUTES
SEPTEMBER 4. 2001
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
10. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1303 - Amending
Ordinance 0-92-880 setting fees and charges for City services and facilities
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1303.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Staff provided an overview of the current and proposed City services and facilities' fees
and charges.
Discussion ensued regarding the process for resolving complaints of high grass and
weed complaints and administrative costs of processing the complaints.
11. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1304 - Adopting a
water and sewer rate increase
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1304.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
12. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1305 - Approval
of Texas Municipal Retirement System (TMRS) Updated Service Credit and
Annuity Increase
Mayor Arp opened the public hearing and reac the caption of Ordinance 0-01-1305.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Staff provided an overview of the Texas Municipal Retirement System (TMRS) Updated
Service Credit and Annuity Increase.
Discussion ensued regarding the frequency of the Texas Municipal Retirement System
(TMRS) Updated Service Credit and Annuity Increases.
5
CITY COUNCIL MINUTES
SEPTEMBER 4, 2001
13. READING AND PUBLIC HEARING - Resolution R-01-1832 - Consideration of
appointments to the Planning and Zoning Commission
Mayor Arp opened the public hearing and read Resolution R-01-1832 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mayor Arp accepted nominations for Place 5.
Councilman Rice nominated Bob Culley.
There were no other nominations made.
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared Bob Culley appointed to Place 5 of the Planning and Zoning
Commission.
Mayor Arp ac",~ptea nominatiOns for Place 6.
Councilman Feldman nominated Mark Jones.
There were no other nominations made.
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared Mark Jones appointed to Place 6 of the Planning and Zoning
Commission.
Mayor Arp accepted nominations for Place 7.
Mayor Pro Tem Tigue nominated Bud Sellers.
There were no other nominations made.
Ayes: Council persons Hocutt Rice. Feldman. and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared Bud Sellers appointed to Place 7 of the Planning and Zoning
Commission.
6
CITY COUNCIL MINUTES
SEPTEMBER 4. 2001
14. READING AND PUBLIC HEARING - Resolution R-01-1833 - Consideration of
appointments to the Zoning Board of Adjustment
Mayor Arp opened the public hearing and read Resolution R-01-1833 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Councilman Rice moved to approve Resolution R-01-1833.
Mayor Pro Tem Tigue seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
15. READING AND PUBLIC HEARING - Resolution R-01-1834 - Consideration of
appointments to the Colleyville Economic Development Corporation Board
Mayor Arp opened the public hearing and read Resolution R-01-1834 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mayor Arp accepted nominations.
Councilman Hocutt nominated Janice Cole.
There were no other nominations made.
Ayes: Council persons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared Janice Cole appointed to the Colleyville Economic Development
Corporation Board.
Councilman Rice nominated Gary Cantrell.
There were no other nominations made.
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue
Nays: None
7
CITY COUNCIL MINUTES
SEPTEMBER 4, 2001
Mayor Arp 'declared Gary Cantrell appointed to the Colleyville Economic Development
Corporation Board.
Councilman Feldman nominated Donna O'Brien.
There were no other nominations made.
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared Donna O'Brien appointed to the Colleyville Economic Development
Corporation Board.
16. READING AND PUBLIC HEARING - Resolution R-01-1835 - Consideration of
an appointment to the Colleyville Crime Control Prevention District Board of
Directors
Mavor Am ooened the Dublic hearing and read Resolution R-01-1835 in its entiretv
There was no one present wishing to speaK concerning this item and Mayor Arp closed
the public hearing.
Mayor Pro Tem Tigue moved to approve Resolution R-01-1835.
Councilman Feldman seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
STAFF REPORTS:
17. QUARTERLY INVESTMENT REPORT
There was no action taken on this item.
REPORTS:
18. PLANNING AND ZONING COMMISSION MINUTES - August 13, 2001
COMMUNITY CENTER ADVISORY COMMITTEE MINUTES - May 14, 2001
There was no action taken on this item.
8
CITY COUNCIL MINUTES
SEPTEMBER 4, 2001
19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
Mayor Arp announced that the September 18, 2001, City Council meeting will be
changed to September 11, 2001, in recognition of Rosh Hashanah: the November 6.
2001, Council meeting falls on election day and will be changed to November 7. 2001;
and the November 20 Council meeting, which falls on the Thanksgiving holiday week
when many of our citizens and staff are out of town will be changed to November 27,
2001.
ACTION/RESOLUTION:
20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 4, 2001 -
Reading and Public Hearing - Resolution R-01-1836
ADJOURNMENT:
21. ADJOURNMENT
There being no further business Defore the City Council, Councilman Feldman moved to
adjourn.
Councilman Rice seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the meeting adjourned at 9:15 p.m.
APPROVED THIS
AYES,
DAY OF
NAYS, AND
, 2001, BY A VOTE OF
ABSTENTIONS.
Minutes taken and prepared by:
Cynthia Singleton, TRMC
City Secretary
9
/('\;J6
~~ - :I~
CITY COUNCIL To", AGENDA BRIEFING
For mtg. : 09/11/01 CMO Approval: ,
,
,
Item # : ,
5b I
I I
I
, I
Resolution # :
R-01-1838
Previous Action: None
DEPT. :
ENGINEERING
I
!
SUBJECT: I
Approval of additional testing services with Rone I
Engineers, Inc. for the Colleyville Justice Center,
in the amount of $20,317.25 - by Consent
Reading and Public Hearing
Sackqround
On August 15, 2000, City Council approved a testing services contract with Rone
Engineers, Inc., in the amount of $22,678.50 for the Colleyville Justice Center. Due to
additional site work and the encasement of foundation piers, additional testing services
were required. The increase will result in a revised contract amount of $42,995.75.
City staff contacted Rone Engineers, Inc., regarding these additional services and they
have revised the scope of their original proposal to include the additional testing that
was required. The additional services include increases in concrete cylinders testing,
time allotted for pier inspection, and soil density tests.
( continued)
-~
0J~;t 0
DEPARTMENTH~
NCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-01-1838
Page 2
Financial Impact
The testing cost may be paid by revenue bond proceeds from the Crime Control and
Prevention District half-cent sales tax. This contract will be paid over the period of
construction at the Justice Center.
Recommendation
Approval of $20,317.25 for additional testing services with Rone Engineers, Inc., for the
Justice Center.
Attachments
· Contract with Rone Engineers, Inc., for additional testing services (paper copy only)
A LEIGH COMPANY
Rone Engineers
If
GEOTECHNICAL ENGINEERING
. GEOLOGICAL STUDIES
. DISTRESS INVESTlGATlONS
- PAVEMENT DESIGN
ADVANCED GEOTECHNICAL TESTING
FOUNDATION RECOMMENDATIONS
CONSTRUCTION MONITORING
CONSTRUCTION MATERIALS TESTING
CONSTRUCTION OBSERVATION
CONCRETE TESTING
ASPHALT TESTING
. SOILS TESTING
PIER INSPECTIO~
POST TENSION INSPECTIO,,"
NON.DESTRUCTlVE TESTING
DRilLING SERVICES
MONITOR WELL INSTALLATION
ENVIRONMENTAL DRILLING
GEOTECHNICAL DRILLING
18 AMBASSADOR ROW
,lLAS. TEXAS 75247
TELEPHONE 214-630-9745
FACSIMILE 214-630-9819
August 9 2000
Revised: August 28.2001
Mr.Keith Fisher
City of Colleyville
P.O. Box 185
Colleyville Texas 76034
Reference: The New Justice Center
off Bluebonnet Road. Colleyville. Texas
Proposal No. 00-25063
Dear Mr. Fisher
Rone Engineers. Inc. is pleased to submit this proposal for providing construction
materials testing and related quality control for the above referenced project. For the
purpose of this proposal we have estimated quantities and tests that will be required in
accordance with the Plans and Specifications. This is only an estimate for budgetary
purposes. The actual costs for Construction Materials Engineering and Testing services
can decrease or increase with changes in the scope of work or with the contractor's work
method.
Rone Engineers fees will be based on the actual amount of technician time and laboratory
testing utilized by the project and performed on a unit price basis in accordance with the
attached Schedule of Services and Fees and Rone Engineers' Terms for Construction
Materials Testing Services.
Rone Engineers meets the requirements of ASTM E 329 and is an active participant in the
CCRL and the AASHTO proficiency sample programs. Rone Engineers has experienced
personnel to perform the necessary Construction Materials Engmeering and Testing in
accordance with the project specifications.
We appreciate the opportunity to subml; this proposal for Construction Materials
Engineering and Testing for the above noted project and look forward to working with you
during the construction phase of this project. If there are any questions concerning this
proposal or if we can be of further assistance to you, please contact us at your
convenience.
CMT 'vision Manager
Construction Materials Engineering and Testing
August 9 2000
Revised: August 28,2001
Proposal No. 00-25063
RONE ENGINEERS, INC.
Construction Materials Engineering and Testing
Basic Services and Cost Estimate
Project:
The New Justice Center
DESCRIPTION
Estimated
Quantit~,
Unit
Rate
Estimated
Total
EARTHWORK
Moisture Density Relationship ASTM D-698 (each)
Atterberg Limits (each)
~j~::'::'~e;';L': Te~ ".r:lciJ.n {~~ -il,:~'~V'}
. -
10.0
8.0
=;~L~.~
Engmeenng Tecnmcian uvertime (nourlYJ 28.0
In Place Density Test (each) 169.0
Cement Pulverization Test (each) 6.0
Transportation Charge (trip) 42.0
Engineering & Report Review (hourly) 27.0
Assumptions: I density test for every 5000 square feet building subgrade and select fill. I density
test for every 5000 square feet paving.
I density test for every 150 lineal feet trench backfill.
PIER INSPECTION
Senior Engineering Technician (hourly)
Senior Engineering Technician Overtime (hourly)
Concrete Test Cylinders (each)
Transportation Charge (trip)
Engineering & Report Review (hourly)
AssumptlOns: 15 8-hour days of pier drilling with one techmuan and 1 drilling rig.
CONCRETE
Concrete Mix Design Review (each)
Concrete Inspection (hourly)
Concrete Inspection Overtime (hourly)
Concrete Test Cylinders (each)
Reinforcing Steel Inspection (hourly)
Transportation Charge (trip)
Engineering & Report Review (hourly)
Assumptions:
I set of 4 concrete test cylinders for every 100 yards of concrete placed.
259.5
115.5
128.0
37.0
25.5
1.0
64.0
21.0
96.0
24.0
22.0
lOA
$140.00
$40.00
(~'=~ ,', ,i!
.),.+2.UO
$14.00
$13.00
$10.00
$55.00
$35.00
$52.50
$13.00
$13.00
$55.00
$65.UU
$28.00
$42.00
$14.00
$35.00
$10.00
$55.00
$10400.00
$320.00
55.-~_..; Iii
SI.17b.OU
$2.366.00
$78.00
$420.00
$IA85.00
$9.082.50
$6,063.75
$1,664.00
$481.00
$IA02.50
$65.00
$1.792.00
$882.00
$1,344.00
$840.00
$220.00
$572.00
MASONRY
Engineer Technician (hourly)
Masonry Prisms (each)
Mortar Cubes (each)
Grout Prisms/Cylinders (each)
Transportation Charge (trip)
Engineering & Report Review (hourly)
Assumptions:
35.0
6.0
42.0
42.0
7.0
9.0
I set of 6 Monar Cubes/Grout Prisms/Cylinders per test.
STRUCTURAL STEEL
Structural Steel Inspection (hourly. min. 5 hours) 25.0
Fabrication Shop Inspection (hourly, min. 5 hours) 5.0
Ultrasonic Steel Inspection (hourly, min. 5 hours) 10.0
Transportation Charge (trip) 8.0
Engineering & Report Review (hourly) 4.0
Note: If out of town Fabrication Inspection is required there will be an additional charge for travel.
ESTIMATED BUDGET
$28.00
$45.00
$11.00
$25.00
$10.00
$55.00
$48.00
$48.00
$52.50
$13.00
$55.00
$980.00
$270.00
$462.00
$ 1.050.00
$70.00
$495.00
$1.200.00
$240.00
$525.00
$104.00
$220.00
$42,995.75
All time is for a minimum of two hours or as noted. Overtime will be charged for all hours worked
before 7:00am and after 5:00pm, for any time in excess of 8 hours per day or 40 hours per week.
Saturdays, Sundays and Holidays. All time is Portal to Portal.
Project Engineering services on materials engineering and testing for consultation, analysis,
report preparation and review, supervision and scheduling of field and laboratory personnel will
typically be 0.3 to 0.5 hours per report.
TERMS FOR RONE ENGINEERS. INC. (RONE) SERVICES
THE AGREEMENT
This agreement is made between RONE and
City of Colleyville
. herellufter referred to as CLIENT.
The AGREEMENT between the panies consists of these TERMS. the attached proposal identified as:
Proposal No 00-25063
dated:
August 9 2000
Revised: August 28. 200]
and any exhibits or attachments noted in the PROPOSAL. Together. these elements will constitute the entire AGREEMENT superseding any
and all pnor negotiations. correspondence. or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed
to In wnung
STANDARD OF CARE
CLIENT recognizes that subsurface condHlOns may vary from those observed at locations where borings. surveys. or explorations are made.
and that sHe condil1ons may change with time. Data. interpretal1ons. and recommendations by RONE will be based soley on infonnation
available to RONE. RONE is responsible for those data. mterpretatlOns. and recommendations, but will n~t be responsible for other panies'
Interpretations or use of the information developed.
Ser'lce' Deli'ormed tw RONE und:." th" "'.CiREE!v1E!\'T are expected tn- CLIENT to be conducted lD a m;lImer conmtem with th~ level 0' C;l,.
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geot~cnJllcal engmeenng serVICeS
SITE ACCESS AND SITE CONDITIONS
CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for RONE to perfonn the work set forth in this
AGREEMENT. CLIENT will notify any and all possessors of the project sHe that CLIENT has granted RONE free access to the site. RONE will
take reasonahle precautions to mininuze damage to the site. but it is understood by CLIENT that. in the nonnal course of work. some damage
may occur and the correction of such damage IS not pan of thIS AGREEMENT unless so specified in the PROPOSAL.
CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. RONE will take reasonable
precautions to avoid known subterranean structures. and CLIENT waives any claim against RONE arising from damage done to subterranean
structures and utilll1es not Identified or accurately located.
SAMPLE DISPOSAL
RONE will retam samples transported to the geotechnical laboratory for testing for a period of thirty (30) days following submission of the repon
coveTIng those samples. Further stor.lge or transfer of samples can be made at CLIENT'S expense upon CLIENTS prior wntten request.
MONITORING
If RONE IS retamed by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other
field aCIIVltle, as ,et forth 10 the PROPOS ... then this phrase applIes. For the speCified assignment. RONE Will report obsen-atIo!ls and
prolesslOnai oplOlOns to CLIENT. No aCtIO!l of RONE or RONES SIte representative can be construed as alteTlng any AGREEMENT between
CLIENT and others. RONE will report to CLIENT any observed geotechnlcally-related work which. in RONE'S professional opinion. does not
conform with plans and specifications. RONE has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved
solev for CLIENT. Furthennore. RONE'S presence on site does not in any way guardlltee the completion or quality of the perfonnance of the
work or .,my part~' ret..nnCG 11\ CLIEi\T to pro\'lde fIdJ. or construclIon-relaled services.
RONE will not be responsible for and will not have control or charge of specific means. methods. techniques. sequences or procedures of
constructIon or other field activities selected by any agent or agreement or CLIENT. or safety precautions and programs incident thereto.
Terms
Page I of 3
BILLING AND PAYMENT
CLIENT will pay RONE in accordance with the procedures indicated 10 the PROPOSAL and its attaclunents. InvOIces will be submitted to
CLIENT by RONE. and will be due and payable upon presental10n If CLIE/Io'T objects to all or any ponion of any inVOIce. CLIENT will so notify
RONE 10 writing within founeen (14) calendar days of the invoice date. identify the cause of disagreement. and pay when due that ponlOn of the
invoice not 10 dispute. In the absence of written notification described above. the amount as stated on the invoice will be paid. InVOices are
delinquent if payment has not been received within thiny (30) days from date of invoice. At the option of RONE. CLIENT will pay an
addaional charge of one-and-one-haIf (1.5) percent per month (orthe maximum percentage allowed by law. whichever is lower) on any
delmquent amount. except for any ponion of the inVOIced amount in dispute and resolved in favor of CLIENT. DIsputed amounts withheld tw
the client which are subsequently resolved in favor of the geotechmcal engmeer will carry the additional charge. as described above. effective
thiny (30) days from the date of the OriglOal invoice. In the event CLIENT fails to pay RONE within sixty (60) days after invoices are rendereJ.
CLIENT agrees that RONE will have the right to consider the failure to pay RONE'S inVOice as a breach of this AGREEMENT.
TERMINATION
This AGREEMENT may be tenninated by either pany seven (7) days after written notice in the event of any breach of any provislOn of this
AGREEMENT or in the event of substantial failure of performance by the other pany. or if CLIENT suspends the work for more than three (3!
months. In the event of tennination. RONE will be paid for services performed prior to the date of tenninal10n plus reasonable tenmnatlon
expenses. meluding. but not limited to the cost of completing analyses. records. and repons necessary to document job status at the tIme of
tennmatloo.
RISK ALLOCATION
Many nsks potentially affect RONE by vmue of entering into this AGREEMEI\T to perform professional engineering services on behalf of
CLIENT. The principal risk is the potential for human error hy RONE. For CLIENT to obtain the benefit of a fee which ineludes a nommal
allowance for dealmg WIth RONE'S liability. CLIENT agrees to linut RONE'S liability to CLIENT and to all other panles for claims anslllg out of
RO~E'S performance of the servIces described in this AGREEMENT. The aggregate liability of RONE will not exceed the amount of ROI'\E'S
fee tor negligent professional acts. errors. or onussions.
Limitations on liability and indemnities in this AGREEMENT are bus mess understandings between the panies voluntarily and knowingly
entered mto. and shall apply to alltheones ofrecovery including. but not limited to breach of contracct. warranty. ton (including negligence).
slliel or statutory liability. or any other cause of action. except for willful misconduct or gross negligence. The panies also agree that CLIEI\T
will not seek damages in excess of the limitations indirectly through suas with other panles who may jom RONE as a third-pany defendant.
PartIes means CLIENT and RONE and their officers. employees. agents. affIliates. and subcontractors.
Both CLIENT and RONE agree that they will not be liable to each other. under any circumstances. for special. indirect. consequential. or
pUnItive damages arising out of or related to this AGREEMENT.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
CLIENT represents that CLIENT has made a reasonable effon to evaluate if hazardous materials are on or near the project site. and that
CLIENT has informed RONE of CLIENT'S fmding relative to the possible presence of such materials.
Hazardous materials may eXIst at a site where there is no reason to believe they could or should be present. RONE and CLIENT agree that the
discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termmation
of services. RONE and CLIENT also agree that the discovery of unantiCIpated hazardous materials may make it necessary for RONE to take
ImmedIate measures to protect health and safety. CLIENT agrees to compensate RONE for any equipment decontamination or other costs
incident to the dIscovery of unanticipated hazardous materials.
RONE agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are encountered. CLIENT agrees
to make any disclosures required by law to the appropnate governing agencies. CLIENT also agrees to hold RONE harmless for any and all
consequences of disclosures made by RONE which are required by governing law ]n the event the project site is not owned by CLIENT.
CLIENT recognizes that it is CLIENT'S responsibility to inform the propeny owner of the discovery of unanticipated hazardous materials or
suspected hazardous materials.
Notwithstandmg any other provision of the AGREEMENT. CLIENT waives any claim against RONE arismg from RONE'S discovery of
unantiCIpated hazardous materials or suspected hazardous materials. including but not limited to. any costs created by delay of the project and
any cost aSSOCiated with possible reduction of the propeny's value.
CLIENT will be responsible for ultimate disposal of any samples secured by RONE which are found to be contaminated. This includes any soil or
rock cuttings. and contaminated drilling or wash water which is generated as a consequence of drilling activities.
T enns
Page 2 of 3
DISPUTES RESOLUTION
All claims. ctisputes. and other matters in controversy between RONE and CLIENT arismg out of or in any way related to this AGREEMENT will
be submitted to "alternative ctispute resolution" (ADR) before and as a conctiuon precedent to other remecties provided by law. If and to the
extent CLIENT and RONE have agreed on methods for resolving such ctisputes. then such methods will be set fonh m the "Alternative D,spute
Resoluuon Agreement" which. if attached. is incorporated mto and made a part of this AGREEMENT. If no specific ADR procedure is set
fonh m this AGREEMENT. then It shall be understood that the partIes shall submit ctisputes to mectiation as a conctition precedent to litigation.
If a ctispute at law arises from matters related to the services provided under this AGREEMENT and that ctispute requires litigation instead of
ADR as provided above. then:
(II the claim will be brought and tried in jucticial junsctiction of the coun of the county where RONE'S principal place of business is
located and CLIENT waives the right to remove the action to any other county or jucticial jurisctiction. and
(c I the prevailing pany will be entitled to recovery of all reasonable costs mcuITed. mclucting staff ume. coun costs. attorneys
fees. and other claim related expenses.
GOVERNING LA WAND SURVIVAL
The law of the State of Texas will govern the validity of these TERMS. theIr interpretation and performance.
If any of the provIsions con tamed m this AGREEMENT are held illegal. invalid. or unenforceable. the enforceability of the remaining proviSIOns
will not be Impaired Limitations of liability and indemnities will survIVe termination of this AGREEMENT for any cause
***
'~'~_l::'.:':' :'.. :-~:..."':: !l;~ H'r'-'~u:r:..:...... :.II:~crSt.;.;.~:....i comDl..-:~e!\' tne t...:L.... ~I...1 wiillTIt:iv ent:?:- :nto tl~;,; .\C;P.EE\lEl\'T w:llch w~E Qccmne eficctJ\...
ot; we wlc Signed bdow hy CLii.:\;T
CIty of Colleyvllle
RONE ENGINEERS.INC.
B\
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CMT?peratiD~anager .'
Co~tructiolYMaterials Engmeering and Testing
Position"
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./ CMT DiVIS' anager
Construction Matenals Engmeering and Testing
Date
Date:
August 9 2000
Revised: August 28. 200 I
Terms
Page 3 of 3
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CITY COUNCIL \J \ r,.,:, I AGENDA BRIEFING
For mtg. : 09/11/01 CMO Approval:
Item # :
5c
Resolution # :
R-01-1838
Previous Action: None
I
DEPT. :
ENGINEERING
SUBJECT:
Renewal of an Interlocal Agreement with the City
of Southlake, Texas, for Geographic Information
System (GIS) services - by Consent
Reading and Public Hearing
Backqround
On September 21, 1999, the Colleyville City Council approved an Interlocal Agreement
with the City of Southlake to provide Colleyville with Geographic Information System
(GIS) services. GIS is a computer based system to record, preserve, manipulate, and
present data for any information that can be tied to a specific geographic location. The
data can be presented in a data file, graphically (map), or a combination of both. The
GIS is developed using data in various layers, such as, TAD parcel files,
orthophotography (Ariel photographs), zoning, land use, thoroughfare plans, water and
sewer infrastructure, parks, etc. Each data layer can be presented individually or in
combination with other layers. GIS is a tool to present Council, staff, and residents with
requested data in a timely manner.
( continued)
~4
o MANAf
DEPARTMENT
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-01-1838
Page 2
The Interlocal Agreement will be renewed for a one-year period for FY 02, with the
option to renew in FY 03. This agreement states that Southlake will provide for a full-
time staff person known as a GIS Analyst to spend two (2) days or sixteen (16) hours
per week building, preparing, and analyzing information provided by the City of
Colleyville.
Financial Impact
The City of Colleyville shall contribute $22,000 for services provided by the GIS
Analyst, plus the cost of supplies, not to exceed $4,000. Funds will be available in the
FY 02 Engineering Departmental Budget, in account 001-18-6223 (Engineering
Services).
Recommendation
Aooroval to renew the Interlocal Agreement with the City of South!ake for GIS Service8
At,acnmems
· Interlocal Agreement with City of Southlake
INTERLOCAL AGREEMENT
FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES
CITY OF SOUTHLAKE AND CITY OF COLLEYVILLE
This Contract and Agreement, entered into the 1 I th day of September, 2001, by and
between the City of Southlake and the City of Colleyville, municipal corporations herein
called "Cities," the parties acting herein under the authority and pursuant to the terms of
Chapter 791, INTERLOCAL COOPERATION CONTRACTS, Texas Local Government
Code, WITNESSETH THAT:
WHEREAS, the City Councils of the Cities of Southlake and Colleyville jointly
find that it will be in the best interest of the public to enter into this agreement for the
purposes set out herein below,
NOW, THEREFORE, it is mutually agreed between each participating City that:
Geographic Information Systems (GIS) is a program funded by the City of
Southlake that allows city staff to interact with a computer software program to ascertain
information that will be used by the city, for city purposes.
2. A full-time staff person known as a GIS Analyst will spend two (2) days
per week (sixteen (16) hours) building, preparing, and analyzing information provided
by the City of Colleyville.
The anticipated duties of the GIS Analyst for the City of Colleyville during the
next fiscal year are as follows:
· Develop Edge of Pavement Layer.
· Develop Centerline Pavement Layer
· Involvement with staff to develop maps and database for GASB 34
requirements for compliance
Page I of 3
. Develop and deliver Orthophotography resource book for Fire and
Police Departments.
. Develop and maintain fire hydrant inventory and map
. Develop and maintain Parks and Trails inventory and maps
. Involvement with staff in GPS data acquisition and implementation.
. Develop and maintain a Capital Improvement Projects map
. Develop TIF Layer.
· Continue maintenance of maps and subdivision layer as well as
developing council exhibits and providing the necessary training to
City staff.
-:
~:.... c":' Soutl1i:tke shan e:!1DLT'::'c' the G1"
.....st tc adrT11nISr. :.:nd
coordmate the a~" . ..les for the Colleyville GIS project. The GIS Analyst will proVide a
monthly progress report to the City of Colleyville Director of Public Services that will
include digital updates.
4. The City of Colleyville shall contribute $22,000 plus the cost of supplies,
(not to exceed $4,000 per year) to the City of South lake The City of Colley vi lie will pay
$22.000 by October 30, 2001 for the next year of service. The City of Colleyville agrees
to pay any overtime costs at a rate of time and one-half the hourly wage of the GIS
Analyst for any time exceeding 16 hours per week attributable to the City of Colleyville
projects or meetings. This time, if any, will be invoiced bi-weekly to the City of
Colleyville. Costs associated with supplies will be billed or invoiced directlv to the City
- .
ofColleyville.
5. This contract and agreement shall be for the period of one (1) year
beginning October 1, 2001.
Page 2 of3
Passed and approved by the City Council of the City of Southlake, Texas this
the day of , 2001.
Mayor Rick Stacy
ATTEST:
Sandra L. LeGrand
City Secretary
Approved as to form and legality:
City Attorney
City of Southlake, Texas
Passed and approved by the City Council of the City of Colleyville, Texas
this the day of , 2001.
ATTEST:
Mayor Donna Arp
Cynthia Singleton
City Secretary
Approved as to form and legality:
City Attorney
City of Colleyville, Texas
Page 3 of 3
CITY COUNCIL
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AGENDA BRIEFING
For mtg. : 9/11/01 CMO Approval:
Item# :
5d
I Resolution # :
R-01-1838 i
Previous Action: NONE
DEPT. :
FIRE
SUBJECT:
I
. i
Approval to extend the Interlocal Agreement With I
the City of Grapevine for fleet services for Fire I
: Department vehicles - by Consent i
I
I
Reading and Public Hearing
Backoround
The City of Grapevine Fleet Services Department has provided maintenance for Fire
Department vehicles since 1998. We have been pleased with their service and wish to
extend this cooperative interlocal agreement for FY 2001-2002. Not only do they have
an excellent and methodical preventive maintenance program, but they also provide
certified mechanics for specialty work regarding fire pumps and other related fire
apparatus maintenance.
(continued)
FINANCIAL REVIEW (IF NECESSARY
Agenda Briefing
Resolution R-01-1838
Page 2
Financiallmoact
The new agreement reflects a 2.5% increase to coincide with the City of Grapevine's FY
2002 budget increase in labor costs. This increase is specific to the hourly labor rates
only The "Shop Standard Labor Rate" will increase from $52.70 per hour to $54.00 per
hour (2.5%). The "Shop Overtime Rate," "Field Standard Labor Rate, " and "Field
Overtime Labor Rate" also increase respectively (Attachment "A," Appendix "A,'.
Unscheduled Repair Labor Rates). Comparable "Shop Standard Labor Rates" with
private vendors' range from $60 to $79 per hour.
Our Vehicle Maintenance line item (001-22-6261) in the FY 2002 proposed budget
includes a 2.5% increase to offset the City of Grapevine's increase for FY 2002.
Recommendation
,t...C'::"'~\/31
Attachments
· Cover Letter notifying increase (paper only)
· Interlocal Agreement
· Attachment "A" (paper only - scope of services)
~
GRAJP- VI~~
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"1IY
A Future With A Past
FLEET SERVICES
August 22, 2001
Mr. Mike Johnston; Fire Chief
City of Colleyville
P.O. Box 185
Colleyville, Texas 76034
Re: Provision of Fleet Services for City of Colleyville
Dear Chief Johnston:
We are pleased to provide you with the final draft of the proposed renewal of the
interlocal agreement between the City of Grapevine and the City of Colleyville for
the provision of services to maintain the City of Colleyville's fleet of vehicles by
the City of Grapevine. We will present this interlocal agreement to our City
Council as soon as your City Council approves it.
This interlocal agreement is for the continuation of services for the Fire
Department of your city. The agreement is for a term of twelve (12) months and
will expire on the last day of September. Should the Cities of Colleyville and
Grapevine desire to expand the scope of this agreement by including additional
vehicles, a new agreement will need to be presented to both councils. The
interlocal agreement includes a 2.5% increase in Labor costs due to cost
increases in the City of Grapevine FY2002 Budget.
The City of Grapevine is pleased to continue to offer these services to the City of
Colleyville and looks forward to a continued relationship in serving the needs of
your city.
Sincerely,
().'" I I.
i / I ({ <..t ~ Z1TYvL
Mark Jesome
Superintendent of Fleet Services
City of Grapevine
Xc: Bill Lindley City Manager, City of Colleyville
Roger Nelson, City Manager, City of Grapevine
Jerry Hodge, Director of Public Works, City of Grapevine
(HI7) -1-1O-.~3-1-1: Fax (H17i -1-1 ()-3().:'i2
Office Address: .:'i() I Shady Brook Driw. Grape\ine. Texas 7AO.:'i I
:--1ailing Addre...,,: P.O. Box l).:'i 10-1-. Grape\ine. TC.xa... 76()l)l)
o
STATE OF TEXAS S
COUNTY OF TARRANT S
INTERLOCAL AGREEMENT BETWEEN THE CITY OF GRAPEVINE AND THE
CITY OF COLLEYVILLE
FOR THE PROVISION OF SERVICES TO MAINTAIN
THE CITY OF COLLEYVILLE'S FLEET OF VEHICLES BY
THE CITY OF GRAPEVINE.
This Interlocal Agreement ("Agreement") for the provision of services to maintain
the City of Colleyville's fleet of vehicles by the City of Grapevine is made and entered
into by and between the City of Grapevine. Texas, a municipal corporation located in
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Colleyville. a municipal corporation located in Tarrant County, Texas (hereinafter
referred to as "Colleyville"). This agreement shall be for a total period described below.
the fleet of vehicles shall be defined initially as vehicles belonging to the Colleyville Fire
Department
WHEREAS, the. City of Colleyville is interested in maintaining its vehicles at a
cost effective rate to provide municipal services to the Citizens of Colleyville; and
WHEREAS, the City of Grapevine has an award winning fleet services
department that is capable of providing fleet maintenance services at a cost effective
rate. and
WHEREAS Colleyville has requested Grapevine make service avallaoie for the
fire vehicles and apparatus owned by the City of Colleyville; and
WHEREAS, Colleyville shall provide funding for this maintenance service as
provided herein; and
WHEREAS, it IS mutually advantageous to both parties to enter into this
agreement; and
WHEREAS, Texas Government Code, Chapter 791 (the "Act"), provides
authorization for political subdivisions to contract with one another for the performance
for governmental functions and services under the terms of the Act:
WITNESSETH
NOW, THEREFORE, for and in consideration of the mutual covenants. terms
and conditions set forth herein, and the mutual benefits' to each party, the receipt and
sufficiency of which are hereby acknowledged, Colleyville and Grapevine hereby
contract, covenant, warrant and agree as follows:
ADOPTION OF PREAMBLE
All of the matters stated in the preamble of the Agreement are true and correct
and are hereby incorporated into the body of the Agreement as though fully set forth in
their entirety herein.
II
OBLIGATIONS OF THE PARTIES
1. Colleyville shall provide funding per Attachment A to Grapevine to receive in the
maIntenance and related services outlined in Attachment A. Such funding shall be paid
within thirty (30) days of receipt of invoice. Such payments shall be made payable to
2
the City of Grapevine and sent to the attention of Accounts Payable, City of Grapevine.
P.O. Box 95104. Grapevine, Texas 76099.
2. Grapevine agrees to invoice Colleyville on a monthly basis for fleet maintenance
services provided to the City of Colleyville and send those invoices to the attention of
the Finance Department, City of Colleyville. P. O. aox 185, Colleyville. Texas 76034
3. The term of this Agreement shall be for a period of approximately twelve (12)
months from the date of execution, and shall be able to be extended and or expanded
for a period agreed upon by both City Councils, and shall not create any expectancy or
claim of entitlement to fleet maintenance service beyond the completion of the period
without further action by both councils.
!tI
INDEMNIFICATION AND HOLD HARMLESS
1. Colleyville agrees to indemnify and hold Grapevine harmless from any
claim by a third party for damages arising from or resulting from the use or operation of
Colleyville motor vehicles through provision of fire protection services by Colleyville to
the extent of Colleyville's liability under the Texas Tort Claims Act; provided, however,
nothing herein shall require Colleyville to indemnify and hold harmless Grapevine for
acts for which Colleyville has no liability under Texas Law.
2. Colleyville shall maintain motor vehicle liability insurance in an amount sufficient
to fulfill its obligation herein.
3
IV.
NOTICES
Any notice required to be given under this Agreement shall be deemed to have
been adequately given if deposited in the United States mail in an envelope with
sufficient postage and properly addressed to the other party as follows:
TO GRAPEVINE:
City of Grapevine
P. O. Box 95104
Grapevine, Texas 76099
Attention: City Manager
TO COLLEYVILLE:
City of Colleyville
P.O. Box 185
Colleyville, Texas 76034
Attention: Mayor
A change of address may be made by either party upon the giving of ten (10)
days prior written notice.
V.
MISCELLANEOUS PROVISIONS
1. This Agreement shall be binding upon and insure to the benefit of the
parties hereto and their respective successors and assigns.
2 This Agreement constitutes the sole and only agreement of the parties
hereto and supersedes any prior understandings or written or oral agreements between
the parties respecting the subject matter hereof.
3. No amendment, modification or alteration of the terms hereof shall be
binding unless the same be in writing, dated subsequent to the date hereof and duly
executed by the parties.
4
4. This Agreement may be executed concurrently in one or more
counterparts, each of which shall be deemed an original. but all of which together shall
constitute one and the same instrument.
5. If. in case anyone or more of the provisions contained in the Agreement shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity.
illegality. or unenforceability shall not affect any other provision hereof and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein.
6. The obligations and undertakings of each of the parties to this Agreement
are and shall be performable in Tarrant County, Texas.
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governing body to enter into this Agreement.
8. The Fleet Services Management Details document Attachment "A" IS
hereby made a part of this Interlocal agreement.
9. The parties hereto acknowledge that its obligations hereunder are payable
from current revenues.
EXECUTED this the
day of
,2001.
CITY OF GRAPEVINE, TEXAS
CITY OF COLLEYVILLE, TEXAS
Roger Neison. City Manager
Donna Arp, Mayor
ATTEST:
ATTEST:
Linda Huff, City Secretary
Cynthia Singleton, TRMC, City Secretary
5
APPROVED AS TO FORM:
APPROVED AS TO FORM:
City Attorney
City of Grapevine, Texas
City Attorney
City of Colleyville. Texas
STATE OF TEXAS
COUNTY OF TARRANT
s
s
This instrument was acknowledged before me on the _day of ,2001,
by Mr Roger Nelson, City Manager, City of Grapevine, for the purposes and
consideration therein expressed.
Notary Public in and for the State of Texas
STATE OF TEXAS S
COUNTY OF TARRANT S
This instrument was acknowledged before me on the _ day of , 2001,
by Donna Arp, Mayor, City of Colleyville, for the purposes and consideration therein
expressed.
Notary Public in and forthe State of Texas
6
ATTACHMENT "A"
INTERLOCAL AGREEMENT
BETWEEN
CITY OF GRAPEVINE
AND
CITY OF COLLEYVILE
TABLE OF CONTENTS
OVERVIEW
A. Purpose
B. Fleet Management Program Description
1
1
2
II. DEFINITION OF FLEET MANAGEMENT SERVICES
A. Scope of Services Available
Maintenance, repair, and safety services
Financial and information services
B Vehicle Maintenance Division I='acilities
2
2
2
2
:3
r :..- _ --:.; c/ ~ :~:=--c~ '-~'- c2-:: r<s'. ='-:)~-? N.Jm:>ars
D. Services Specifically Not Incluoed
E. Level and Quality of Service
4
4
III. CHARGES FOR SERVICES AND BILLING
A. Charges for Services
B. Billing Procedures and Reimbursements
C. Service Warranty
5
5
6
6
IV. ADMINISTRATION
A. Fleet Coordinators
B. Procedures
C. Change Orders
D. Problem Resolution and Dispute Process
E. Assignment and Delegation
F. Term
6
6
6
7
7
7
7
08/21101
V. RESPONSIBILITIES OF THE CITY OF COLLEYVILLE
A. Submission of Vehicle Mileage Reports
B. Reporting of Vehicle Malfunction
C. Processing of Payments
D. Operator Training
E. Vehicle Abuse
F. Compliance with PM Schedules
7
7
7
7
7
7
7
APPENDICES
Appendix A - Charges for Services
08/22/01
I. OVERVIEW:
A. PURPOSE
The City of Grapevine possesses responsibility for the provision of Municipal services in
the City of Grapevine. It is necessary to utilize a variety of specialized vehicles and
transportation options suitable to the performance of these functions.
Thus, high profile emergency vehicles should be:
1) Properly specified within program needs for fleet standardization;
2) Acquired economically;
3) Tailored to specific needs with sophisticated and specialized equipment to fit
their requirements;
4) Maintained for top performance and safety at an appropriate level and quality of
Preventive Maintenance Service:
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Transportation represents a substantial cost element to the City's Departments and a
comprehensive program is required to support this need. The efficient and effective
operation of these vehicles bears an important relationship to the quality of service to the
public and the safety of employees responsible for the delivery of services.
Thus, it is necessary to engage the services and expertise of the City's Fleet Services
Division to provide those support services critical to the delivery of all related services
identified above.
This Interlocal Agreement represents the understanding of the parties concerning the
provision of a comprehensive fleet management program for the City of Colleyville.
8. FLEET MANAGEMENT PROGRAM DESCRIPTION
This Interlocal agreement details agreements made between the City of Grapevine and the
City of Colleyville regarding the provision of Fleet Services for the period defined in section
4.F of this attachment. The Fleet Services described shall be performed on Fire
Department vehicles initially. The Fleet Services Division presently performs these
services to all City of Grapevine departments on a Charge-Back basis. Charges are based
on actual costs of operation and are available to the customer at a specified price. These
rates and charges are listed in Appendix A.
II. DEFINITION OF MUNICIPAL FLEET SERVICES
A. SCOPE OF SERVICES AVAILABLE
The City of Grapevine is committed to providing the full range of Fleet Management
Services needed in today's Municipal environment. The Fleet Services Division is
committed to serving the needs of the City and continually stays "abreast of new
developments in Fleet Management through training.
Fleet management services available to the City's Departments are as follows:
Maintenance. Repair and Safety Services
A.1. Preventive Maintenance Services at recommended intervals for all vehicles.
A.2. All unscheduled repairs.
A.3. On demand, safety checks.
A.4. Contract maintenance services managed by Fleet Services.
Financial and Information Services
B.1. Monthly billing report.
B.2. Annual utilization report.
B. FLEET SERVICES DIVISION FACILITIES
The City of Grapevine Fleet Services Division operates one facility at the Service Center
located at 501 Shadybrook Drive, Grapevine Texas.
C. HOURS OF OPERATION AND KEY PHONE NUMBERS
Hours of operation are as follows:
Administration: 8:00 A.M. to 5:00 P.M., Monday through Friday.
Closed for lunch - 11 :00 to 12:00.
Shop: 6:00 A.M. to 5:00 P.M., Monday through Friday
Closed for lunch - 12:00 to 1 :00 P.M.
Holidays:
The City of Grapevine celebrates eight (8) Holidays per year, (Thanksgiving Day, the day
after Thanksgiving, Christmas Eve, Christmas day New Years day Memorial day,
t _. ->3=e~.:~-:::" :~ T' Le:::Jr 25-< l s: L: :~'.:2\ :.7 .:;e:J:-=~=-=.'"
Other Necessary Response:
In addition, flexible schedules for maintenance personnel are maintained in order to meet
other priority needs of the City of Colleyville. A staff of personnel is dedicated to
Municipal Vehicles Fleet Management. Almost any priority need, can be met on an
Immediate response basis within annual budgetary allocations. The City of Grapevine has
a Technician on call 24 Hours a day, 365 Days per year for emergency call-out.
Phone numbers for specific services are as follows:
SHOP NUMBERS
(817) 410-3342
OTHER IMPORTANT NUMBERS
City Fleet Management
Biliinc: Information
On-call Technician
On-call Technician
(817) 410-3341
(817) 410-3341
(817) 669-7317 (Pager)
(817) 253-8211 (Cell)
D. SERVICES SPECIFICALLY NOT INCLUDED
Normally, the level and extent of service is dependent upon ownership type and class of
vehicle. Thus, services provided are determined by each class of vehicle. Where services
are not provided for the class of vehicle, they are usually available from Fleet Services on
a direct charge basis. Some services, such as, two-way radio maintenance and repair, are
available from other vend.ors through the City of Grapevine.
E. LEVEL AND QUALITY OF SERVICE
1. Preventive Maintenance Servicinq, and Safety Checks.
1.A. Reservations. When vehicles recieve P.M. service, removable tape stickers are
placed in the vehicles as a reminder. Letters are also sent as notification for all
vehicles for Safety Checks and P.M.'s. The vehicle operator brings the vehicle to
the Equipment Management Service Center and has Fleet Services open a work
order, or speaks directly to our Shop Foreman to discuss vehicle problems and the
expected date of Services. These Fleet Service employees communicate regularly
with the departmental representatives on each vehicle. In addition, our
Superintendent is accessible and responsible for all fleet management and repair
services.
1. B. Time Promised. The turn around time for Preventive Maintenance servicing, and
safety checks is one day or less. "A" level P.M.'s are done as the driver waits unless
the driver has additional service needs that will extend the service time.
In addition, other unreported deficiencies may be observed by the inspector which
may affect safety, or could cause damage to the equipment. These are corrected
prior to releasing the vehicle for service.
When the repair involves the securing of parts not stocked by either the City or by
private parts vendors in City of Grapevine, downtime can be several days.
2. Unscheduled Repairs.
2.A. Reservations and Work Order Services. The Shop Foreman will communicate
regularly with the departmental representatives on each vehicle. The vehicle
operator brings the vehicle to the Service Center Yard and has the senior
mechanic open a work order and to discuss the vehicle problems along with the
expected date of pick up. Safety checks are at the request of the vehicle
operator and are generally performed on demand.
2.B. Time Promised. Unscheduled repair service can be defined as the correction of
deficiencies reported by the vehicle operator that occur between Preventive
Maintenance services as prescribed by the manufacturer. Unscheduled repair
services will generally be limited to the correction of only those specific items
reported as being deficient by the operator and qualified service personnel.
Our turnaround time for unscheduled repairs has averaged two days or less
depending on parts availability
2. C. Quality of Service. Quality of service can be measured by comebacks. A
"comeback" can be defined as a closed work order on which a repair task was
performed on a vehicle for the second time within a defined comeback period,
generally within thirty days. There may be reasons for a repeat repair other than
poor labor quality or bad parts; but all comebacks are investigated to determine on
a case by case basis whether there is a problem with labor or parts or a commercial
garage. Comebacks have been monitored over the past year and the results have
~93~ exce~!en: \'v:th a ~ate cf less t~art : 0;.) Do-. ;-,-h::LJS~ :'".3:: ~ -s
2.D. Cleanliness. In order to reduce excessive labor times on repairs vehicles should
be kept clean and washed depending on the availability of time.
III. CHARGES FOR SERVICES AND BILLING
A. CHARGES FOR SERVICES
A direct charge for service method. These charges are billed monthly to City
Departments and Independent agencies.
(2A) Direct Charge for Service Method (also see Appendix A)
All direct costs are billed to users of municipal vehicles. Direct costs include the costs of
parts, labor, commercial work, etc. Overhead costs are built into these charges.
B. BILLING
Billing is done monthly using the Fleet Services Division in house comouter system Bi!!s
are calculated and sent to the Finance Accounting Section for checking and distribution
of the correct accounts. Billing reports are also distributed to the Departments during the
month following the billing month.
C. SERVICE WARRANTY
All services provided by the Fleet Services Division shall be performed at a level equal to
prevailing industry standards. Work which is not completed to the satisfaction of the client
will be redone at no additional labor charges, within 180 days of original repair.
IV. ADMINISTRATION
A. FLEET SERVICES COORDINATORS.
Each division should assign a coordinator or contact person for the fleet. These persons
are to provide all directional decisions with regard to management of the fleet and be the
main point of contact for the Fleet Services Division. Other duties may be delegated, such
as requests for smog inspections, service reminders, arrival of new vehicles, damage
report requests (accident reports) and communicating parts and repair delays from
Equipment Management.
The Fleet Services Division contact will be the Fleet Superintendent for new vehicle
programs, disposal of surplus vehicles and all policy matters. The Shop Foreman will back
up the Fleet Superintendent and manage the day to day servicing of the fleet.
B. PROCEDURES.
A handout of procedures for Fleet Management is detailed in the Fleet management
Detail document attached.
C. CHANGE ORDERS
A request for change order memo should be developed by the requesting agency for any
changes to this Interlocal Agreement. The change order should detail the requested
change, the reason for the change, and its financial impact.
D. PROBLEM RESOLUTION AND DISPUTE PROCESS
If at anytime, a disagreement or problem should arise concerning the operation of this
agreement, the parties agree that resolution be resolved at the Division level within the
division with the dispute and the Grapevine Fleet Services Division Superintendent. If the
appropriate people are unable to resolve the problem within 30 days, the matter should
then go to the Director of Public Works.
E. ASSIGNMENT AND DELEGATION
Neither party shall assign, sublet, or transfer any interest in or duty under this agreement
without the written consent of the other, and no assignment shall be of any force or effect
whatsoever unless and until the other party shall have so consented in writing.
F. TERM
This agreement shall become effective on October 1, and shall extend until the last day
of the fiscal year. Each fiscal year the Interlocal agreement shall be reviewed by each
party for renewal unless terminated by either party pursuant to the provisions of this
agreement.
V. RESPONSIBILITIES OF THE CITY OF COLLEYVILLE
A. SUBMIT VEHICLE MILEAGE REPORTS
The City of Colleyville shall submit every 7 days a vehicle mileage report to the Fleet
Se"'vI:9s Cli\I;S;O~ ~...-::~;:~
B. REPORT VEHICLE MALFUNCTIONS PROMPTLY
The City of Colleyville shall report vehicle malfunctions and other needed repairs to the
City of Grapevine Fleet Services as soon as practical following notice of such condition.
C. PROCESS PAYMENTS
The City of Colleyville shall promptly process journal vouchers for payment of the
preceding months services.
D. OPERATOR TRAINING
The City of Colleyville shall review departmental programs for operator training so that
Fleet Services may contribute their expertise and suggestions for developing Operator
Training Programs for employees of the department.
E. COMPLIANCE WITH PM SCHEDULING
The City of Colleyville shall comply witn all Preventive Maintenance (P.M.) scheduling
requested by the City of Grapevine Fleet Services Division. The compliance of the P.M.
scheduling is important to insure the reduction of downtime for vehicles.
APPENDIX A
SCHEDULED REPAIR LABOR RATES (P.M.'S)
P.M. Parts:
Fluids:
Misc. Shop Supplies:
Data management:
Flat Rated in Detail document attached
Based on actual Grapevine shop work
order histories
Cost + 10%
Cost + 10%
$1.00
$3.00 per work order
Labor Rate:
Times-to-complete:
VEHICLE PICK UP AND DELIVERY FEES
.
IF Colleyville delivers and picks up:
IF Grapevine picks up or delivers using
a Grapevine employee:
IF Grapevine picks up using a truck!
trailer:
IF Grapevine delivers using a truck!
trailer:
No Charge
$10.00 each way
.
$65.00
.
$65.00
UNSCHEDULED REPAIR LABOR RATES
· Shop Standard Labor Rate: $ 54.00 per Hour
· Shop Overtime Rate: $ 71.95 per Hour
· Field Standard Labor Rate: $ 59.90 per Hour
· Field Overtime Labor Rate: $ 77.90 per Hour
· Travel Mileage: $ .325 per mile
· Times-to-complete: Actual Grapevine shop times.
· Labor Warranty: 180 Days
· Overtime rates apply as follows:
Hours worked outside normal business hours
Hours worked over 40-hour week
Hours worked over 1 O-hour day
Holidays
PARTS AND COMPONENTS MARKUPS
.
Grapevine sources/ provides parts.
All price discounts, warranties, etc.,
are directly passed through to Colleyville.
Cost + 10% sourcing fee
.
OUTSOURCED INSPECTION, REPAIR, AND COMPLIANCE MARKUPS
. IF Colleyville manages outsourced activities: NO CHARGE
. IF Grapevine manages outsourced activities: Cost + 10% management fee
($25/min. $250/max.).
. All price discounts, warranties, etc. are directly passed through to Colleyville.
OTHER MARKUPS AND FEES
.
Acquisition of vehicles & equipment:
Disposal of vehicles & equipment:
Source rental vehicles & equipment:
$250.00 each vehicle
$250.00 each vehicle
Cost + 10% sourcing fee
.
.
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.
Roaosloe breaKoown management Tees:
(Towing)
Replace lost or stolen vehicle keys
Customized management reports
Data Management
COSt + 10% management Tee
($25 min. $250 maximum fee).
Cost + 10%
$25.00 per report
$3.00 per work order
.
.
.
PAYMENT TERMS AND CONDITIONS
.
Billing period:
Standard terms:
30 days
Net 30 days
.
IllUSTRATION - P.M. lEVELS A, B, AND C
PM FLAT-RATE PRICES
Equipment Type Repair Code Description * PM Labor Cost! Flat time charQe
Light-Duty trucks,
Non Patrol Sedan
Police Patrol Cars
Ambulances A
B
C
State Inspection 7
Heavy Trucks A
B
C
State Inspection 7
Fire Apparatus A
B
C
State Inspection 7
Construction Equip.
A
B
C
A
B
C
PM, every 3,000 miles
PM, every 12,000 miles
PM, every 24,000 miles
$ 23.22/ .43 Hr
$ 65.34/ 1.21 Hr
$ 108.00/2.00 Hr
$ 27.00/ .50 Hr
$ 70.20/ 1 .30 Hr
$ 91.80/1.70 Hr
A
B
C
PM, every 200 hours
PM, every 800 hours
PM, every 1,600 hours
PM, every 3,000 miles
PM, every 12,000 miles
PM, every 24,000 miles
PM, 365 Days
$ 37.80/ .70 Hr
$ 108.00/2.00 Hr
$ 162.00/3.00 Hr
$ 12.42/ .23 Hr
$ 41.58/ .77 Hr
$ 89.64/ 1.66 Hr
$ 137.70/2.55 Hr
$ 12.42/ .23 Hr
$ 108.00/2.00 Hr
$ 145.80/ 2.70 Hr
$ 199.80/3.70 Hr
$ 12.42/ .23 Hr
$ 64.80/ 1.20 Hr
$ 135.00/2.50 Hr
$ 189.00/3.50 Hr
PM, every 3,000 miles
PM, every 12,000 miles
PM, every 24,000 miles
PM, 365 Days
PM, every 3,000 miles
PM, every 12,000 miles
PM, every 24,000 miles
PM, 365 Days
PM, 150 Hrs, or 90 days
PM, 300 Hrs, or 180 days
PM, 600 Hrs, or 360 days
(*Labor rate charges are @ $54.00 per hour)
Fleet Services charges an hourly labor rate based upon the accumulated maintenance
time for all repairs. We propose to charge a standard (flat rate) time for PM's only. With
Municipal Fleet repairs there are always variables that will increase repair times such as
emergency lights, radios, and specialty equipment not normally found in privately-
owned automobiles and trucks. While performing a PM if the mechanic notices a safety-
related problem with your vehicles we will open a separate work order to perform that
repair if we flat rate PM labor. Our preventative maintenance system has provided a
systematic inspection of the vehicles, including checking the outside for body damage
and abuse, checking under the hood, underneath the vehicle, and inside the cab. All
levels of preventative maintenance have been customized to each department's needs.
CITY COUNCIL
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AGENDA BRIEFING
For mtg. : 09/11/01 I CMO Approval: !
:
Item#:
5€
! Resolution # : !
R-01-1838 I
, I
Previous Action: None
DEPT.: I
FINANCE
SUBJECT:
Approval of Annual Review of the City's
Investment Policy - by Consent
Reading and Public Hearing
Backqround
A section in the Public Funds Investment Act requires that an entity's governing body
review the investment strategy of the entity annually. The City's investment strategy is
contained in the section entitled "Investment Strategy" and is presented for the Council's
review. As an additional note, there are no changes proposed to the existing policy,
because the most recent legislative session yielded no legislatively required updates to
the existing policy.
Recommendation
Approval
Attachments
. City of Colleyville Investment Policy
-~-
CITY MANAGER
( Y:t~~
~PART D
FINANCIAL REVIEW (IF NECESSARY)
CITY OF COLLEYVILLE INVESTMENT POLICY
Scope
This investment policy applies to all financial assets of the City of Colleyville ("the City").
These funds are accounted for in the City's Comprehensive Annual Financial Report and
include:
General Fund
Utility Fund
Debt Service Fund
Capital Projects Fund
Voluntary Park Fund
Sesquicentennial Fund
Special Donation Fund
Park Land Dedication Fund
Crime District Fund
Drainage Utility Fund
Tree Preservation Fund
Community Center Development Fund
Community Center Building Fund
Recycling Fund
Police Asset Forfeiture Fund
Voluntary Library Fund
TIF Fund
Kidsville Maintenance Fund
and any new fund created by the City Council, unless specifically exempted by the City
Council.
Objectives
Safety of principal is the foremost objective of the City in managing its portfolio. The City
will also maintain sufficient liquidity to provide adequate and timely working funds. The City
investment portfolio shall be designed with the objective of regularly exceeding the
weighted average return on thirteen week Treasury bills. This is considered a benchmark
for riskless investment transactions, and therefore, is a minimum standard for the portfolio's
rate of retu rn.
For bond funds which fall under the arbitrage provisions of the Tax Reform Act of 1986, the
City will attempt to earn allowable bond yield with market conditions permitting.
Delegation of Authority
The City designates the Investment Officers to be the City Manager with overall
responsibilities to see that investment objectives are accomolished and the Finance
Director wltn the specific day-to-aay performance of managing the funds of the City.
Ethics and Conflict of Interest
All investment Officers and employees involved in the investment process shall refrain from
personal business activity that could conflict with proper execution of the investment
program, or which could impair their ability to make impartial investment decisions.
Employees shall disclose to the City of Colleyville and Texas Ethics Commission a
statement under the following conditions:
A. If they have a personal business relationship with a business organization offering to
engage in an investment transaction with the entity. Under the Public Funds Investment
Act, a personal business relationship is defined as:
1. The investment officer owns 10 percent or more of the voting stock or shares of
the business organization or owns $5,000 or more of the fair market value of the
business organization:
2. Funds received by the investment officer from the business organization exceed
10 percent of the investment officer's gross income for the previous year; or
3. The investment officer has acquired from the business organization during the
previous year investments with a book value of $2,500 or more for the personal
account of the investment officer. .
B. If they are related within the second degree by affinity or consanguinity, as determined
by Chapter 573 V.A.T.C.S. to an individual seeking to sell an investment to the City of
Colleyville
Prudence
The standard of prudence to be used by investment officials shall be the "prudent person"
which means the officer may not be an expert but is obligated to act responsibly and shall
be applied in the context of managing an overall portfolio. Investment officers acting in
accordance with written procedures and exercising due diligence shall be relieved of
personal responsibility for an individual security's credit risk or market price changes,
provided deviations from expectations are reported in a timely fashion and appropriate
action is taken to control adverse developments.
Investment officers shall notify the City Council in writing of any conflicts of interest, as
defined by the Public Funds Investment Act, no later than the next regularly scheduled
Council meeting.
It is the policy of the City that the Investment Officers perform their duties in accordance
with the policies and procedures set forth in this policy. The Investment Officers of the City
(City Manager and Finance Director and the Assistant to The Finance Director (acting in
the Finance Director's absence)) shall be personally indemnified in the event of investment
loss provided the Investment Policy is followed.
Internal Controls
The Finance Director shall establish a system of written internal controls which shall be
reviewed annually by the independent auditor. The controls shall be designed to prevent
the loss of public funds due to fraud, error, misrepresentation, unanticipated market
changes or imprudent actions.
Permissible Instruments
The following is a list of permissible instruments as authorized by the 70th Texas
Legislature in the Public Funds Investment Act (TEX. REV. CIV. STAT. ANN. ACT 842A-2)
and amended by the 71th Legislature:
1. Obligations of the United States or its agencies or instrumentalities;
2. Direct obligations of the State of Texas or its agencies;
3. Other obligations. the orincipal of and interest on which are unconditionally
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illStrl1 me :Itai Itles:
4. Obligations of states, agencies, counties, cities, and other political subdivisions of
any state having been rated as to investment quality by nationally recognized
investment rating firm and having received a rating of not less than "A" or its
equivalent:
5. Certificates of deposit issued by state and national banks and domiciled in the state
that are:
a. Guaranteed or insured by the Federal Deposit Insurance City, FSLlC or
its successors; or
b. Secured by obligations that are described by subdivisions (1) through (4)
of this subsection which are intended to include all direct federal agency or
instrumentality issued mortgage backed securities, and which have a market
value of not less than the principal amount of the certificates or in any other
manner and amount provided by law for deposits of the investing entities;
6. Invest in a local government investment pool as authorized by the Interlocal
Cooperation Act (TEX. REV. CIV. STAT. ANN. ACT. 4413 (32c), as amended, and
the Public Funds Investment Act (TEX. REV. CIV. STAT. ACT. 842a-2), as
amended. The investment pool must comply with the requirements of the Public
Funds Investment Act, as amended, as follows:
a. The investment pool maintains a stable asset value as defined in the
Public Funds Investment Act;
b. The investment pool maintains a AAA rating by one of the nationally
recognized rating agencies;
c. The investment pool's maximum average dollar weighted maturity does
not exceed 90 days; and
d. The investment pool's continued compliance with the remaining
provisions of the Public Funds Investment Act.
7. Direct repurchase agreements with primary security dealers or financial institutions
doing business in the State of Texas having a defined termination date, and
secured by U.S. Government or federal agency securities, provided that the
ownership of collateral for the repurchase agreement is transferred to the City, and
deposited with a safekeeping agent for the duration of the contract and a signed
master repurchase agreement has been executed with the counterparty.
8. SEC-registered no-load money market mutual funds with a dollar weighted average
portfolio of 90 days or less whose assets consist exclusively of United States
Government Securities whose investment objectives include seeking to maintain a
stable net asset value of $1.00 per share. Investment in mutual funds shall be
limited to a maximum of ten percent (10%) of the City's available funds.
Unacceptable Investment Instruments
The following securities, although authorized by the Public Funds Investment Act, are not
eligible investments for the City:
1 . Collateralized mortgage obligations
2. Commercial paper
3. Banker's acceptances
4. Reverse repurchase agreements
5. No-load mutual funds other than no-load money market mutual funds
6. Guaranteed investment contracts
7. Share certificates of qualifying credit unions
I nvestment Strategy
The investment strategy by type of fund is as follows:
(1) Operating Funds
The investment strategy for operating fund(s) is to assure that anticipated cash flows are
matched with adequate investment liquidity. A secondary objective is to create a portfolio
which will experience minimum volatility during economic cycles. These funds shall not
have an investment with a stated maturity greater than eighteen (18) months.
(2) Debt Service Funds
The investment strategy for debt service fund(s) is the assurance of investment liquidity to
cover the debt service obligations on the required payment date. Investments purchased
shall not have a stated final maturity date which exceeds the corresponding debt service
payment date.
(3) Reserve Funds
The investment strategy for reserve fund(s) is the assurance of investment liquidity
adequate to cover the debt service obligations not funded by debt service funds on the
required payment date. Investment of reserve funds are controlled by their ordinance,
resolution or indenture. and Federal and State 'gW Bond documents mL!st be examined
- ~- ~3:::r-~ ISSL!7-' ,.,Jr :'C'~:;~1:2 dit~ "-::: ce~ ~<..'Irr it
':-:. :.;':r - ::;-.-. j~-;;: -I -j:~Sl le""- !r :;t:-'~i:neii:6
maximum maturity or average life reStrictions, l,dll oates or SinKing funa reoemptions, and
applicable arbitrage yields and rebate liability. Provisions contained in the bond documents
will supersede provisions of this policy.
Reserve funds will be invested using a more conservative approach than the current
standard investment strategy when arbitrage rebate rules require refunding excess
earnings. All excess earnings received will be segregated to allow a proper determination
of interest income to be used in the arbitrage calculation.
(4) Special Project or Special Purpose Funds
The investment strategy for special projects or special purpose fund portfolio(s) will have
as their primary objective to assure that anticipated cash flows are matched with adequate
investment liquidity. The states final maturity dates of securities held shall not exceed the
estimated project completion date. Funds in excess of defined construction payment
schedules shall be limited to a maximum final maturity date of three years.
Maturity limitations for single issue reserve funds shall not exceed the sooner of five (5)
years, the call provisions of the bond ordinance, or the final maturity of the bond issue.
A. Diversification
The City will attempt to limit the risk of loss through diversification of its portfolio and to
achieve the aforementioned investment strategies by diversification of instruments.
Maximum
Diversification bv Instrument
Percent
of Portfolio
U.S. Treasury Obligations (Bills, Notes and Bonds),
U.S. Government Agency Securities,
and Instrumentalities of Government
Sponsored Corporations
100%
75%
Certificates of Deposit (CD's)
Commercial Bank's
75%
Local Government Investment Pool
75%
Tri-Party Repurchase Agreement
75%
SEC registered, no-load mutual fund
10%
Competitive Selection of Investments
On all funds invested in instruments as listed in "Permissible Investments" numbers one
through five, oral bids shall be requested from at least two broker/dealers or national
banks. The City will accept the bid which provides the highest rate of return within the
maturity required and within the parameters of this policy. Records will be kept of the bids
offered, bids accepted, and a brief explanation of the decision which was made regarding
the investment.
Qualified Institutions
Each year in December the City Council shall approve five financial institutions for
investment purposes as recommended by the Finance Director. All firms shall answer the
Broker/Dealer questionnaire (Appendix A) and submit their most recent audited financial
statements to the City Council before for evaluation of credit worthiness. All personnel in
the firms who will be trading or quoting securities to the City Council must maintain a
current NASD license and be registered to deal securities in the State of Texas. An
investment certification form (Appendix B) on the firm's letterhead signed by a principal of
the firm must be on file with the City.
Safekeeping
All marketable securities purchased by the City shall be held in third party safekeeping by
an institution designated as primary agent. All securities will be delivered to the third party
institution by seller. Personnel in the third party institution will verify the correct security was
delivered by the seller ("delivery vs payment"). The third party institution shall issue a
safekeeping receipt to the City listing the specific instrument, rate/yield, maturity, CUSIP,
and other pertinent information. Collateral on deposit type securities which exceed the
FDIC coverage shall be held in a third party safekeeping institution. In the event a third
party safekeeping institution is used, a collateral agreement shall be executed between the
City Council, depository which pledged the collateral, and the third party custodian of the
collateral. The City will retain possession of all original safekeeping receipts and the
receipts will state the security is pledged to the City. Either the City Manager or the
Finance Director must approve release of collateral in writing prior to its removal from the
safekeeping account.
Collateral Securities for Certificates of Deposit and Demand Accounts
The City will accept as collateral for its Certificates of Deposit and demand accounts the
following securities:
A. FDIC coveraae
B. U.S. Treasury biiis, notes ana bonOS
C. United States Agency and instrumentalities bills or notes
D. GNMA mortgage backed fully modified pass through securities
E. Texas state, city county or school bonds with a remaining maturity of seven years
or less and a rating of "A" or better by Moody's and Standard and Poor's.
F. Surety Bond
Collateral shall be "marked to market" monthly by the Finance Director. The following
percentages constitute the minimum market value for collateral instruments which are
pledged for the City's Certificates of Deposit and demand deposits.
Form of Collateral Pledoed Collateral Ratio
1. U.S. Treasury bills, notes, and bonds
a. maturing within 1 year
b. maturing in 1-5 years
c. maturing in more than 5 years 110%
102%
105%
2. Actively traded U.S. Government Agency securities
a. maturing in less than 1 year 103%
b. maturing in 1-5 years 107%
c. maturing in more than 5 years 115%
3. GNMA mortgage pass through securities
115%
4. Entities in the State of Texas bonds
General Obligation Bonds
a. maturing in less than 1 year
b. maturing in 1-5 years
c. maturing in more than 5 years
102%
105%
107%
Revenue Bonds
a. maturing in less than 1 year
b. maturing in 1-5 years
c. maturing in more than 5 years
105%
110%
115%
Collateral shall be audited annually be the City's independent auditor and may be audited
by the City at anytime during normal business hours of the safekeeping bank.
Arbitrage
The Tax Reform Act of 1986 places limitations on the City's yield from investing certain tax-
exempt bond proceeds, debt service funds and reserve funds. The rebate provisions
require that the City compute earnings on investments from certain issues of bonds on a
periodic basis to determine if rebate is required.
To determine the City's arbitrage position, the City is required to calculate the actual yield
earned on the investment of the funds and compare it to the yield that would have been
earned if the funds had been invested at a rate equal to the yield on the applicable bonds
sold by the City. The rebate provisions state that periodically ( not less than once every
five years and not later than sixty days after maturity of the bonds), the City is required to
pay the United States Treasury a rebate of any excess earnings. These restrictions require
extreme precision in the monitoring and record keeping of investments, particularly in
computing yields to ensure compliance. Failure to comply can dictate that the bonds
become taxable, retroactively from the date of issuance.
The investment strategy for bond funds which fall under the arbitrage provisions of the Tax
Reform Act of 1986, is that the City will attempt to earn maximum allowable bond yield with
market conditions permitting.
Reporting Requirements
The Finance Director shall issue a written report quarterly to the City Council concerning
the City's investment transactions for the preceding quarter and describing in detail the
investment position of the City as of the end of the quarter indicating the market values of
all investments held during the quarter. The report shall list for each investment held
during the quarter: the purchase price of the investment, the par value of the investment,
the market value of the investment at the beginning of the quarter, market value of the
investment at the end of the quarter, the market change from the beginning until the end
of the quarter, and fully accrued interest for the period. This report shall be in compliance
with provisions of the Public Funds Investment Act, as amended. The report shall be
signed by the City Manager and Finance Director.
Training Requirements
Both the Finance Director and Assistant to the Finance Director shall complete ten hours
of training every two years as required by the Public Funds Investment Act. This training
may be obtained from the following sources: North Central Texas Council of Governments,
Government Treasurer's Organization of Texas, Government Finance Officer's of Texas,
or Texas Municipal League. The training must include education in investment controls,
security risks, strategy risks, market risks, and any other topics as required by the Public
Funds Investment Act.
~~
-=0 ~--
.:'111.l~"'59jJ~ s
~ r-
CITY COUNCIL ~~ AGENDA BRIEFING
For mtg. : I 09/11/01 CMO Approval: i
Item # : I
I Sf
Resolution #: I
i R-01-1838
Previous Action: None
DEPT.: :
I City Manager's Office
I
SUBJECT: i
Approval of the Local Historical City Marker
Application for the Memorial for the Colleyville
Civil War Veterans - by Consent
First Reading and Public Hearing
Backaround
In September 2000, the City Council approved the City of Colleyville Local Historical
Marker Program. The Historical Preservation Committee has been working on various
historical marker applications to designate people and/or areas, including buildings and
locations, of historical significance to the City of Colleyville.
Historical Preservation Committee member Mike Patterson presented the Memorial for
the Colleyville Civil War Veterans application. (See attached). The Historical
Preservation Committee unanimously recommended this application be forwarded to
the Parks and Recreation Advisory Board and the City Council for consideration and
approval. Since this marker is proposed to be placed in Sparker Park. this item has
been placed on the September 10, 2001 Parks and Recreation Advisory Board agenda
for consideration and approval.
(continued)
~:
CITY MA~GER
~~ cmuv:~
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-01-1838
Page 2 of 2
Financial Impact
Funds are available in the FY2001 budget, line item account 001-14-6295.
Recommendation
Approval of the Local Historical Marker for the Memorial for the Colleyville Civil War
Veterans.
Attachment
· Collevville Civil War Veterans Aoo!ication (oaoer coov onlv)
. " _ ~ J
COLLEYVILLE HISTORICAL MARKER
APPLICATION FORM
II
II
1. Subject of Marker:
C'IVil-
./vt EMu,< / 4'- ru;2.. COL t... c Y 1/1 L L. E '~
Lv.A JZ l/G: T,:; I< A/v S
2. Marker Location S"" /! R 6- E R jJ I! R 1<-
Street Address: BEPFOI<.D Rt..,LlD 4 T
Legal (Abstract Name and Number):
771/S 5/TE H/)~' BG.t..oNG-ED To liT t....c/IST THRee cu/lt.. LvJl;o!.. vcTS,
. CITY
.
I
Li r TL E
c,F C(.,Ll.-G '1'1,..1,- LE
Be/II!.. Cl!. 1:- r-- /(
3. Designate type of marker requested:
k 1. Colleyville Historical Marker (for a subject):
2. Colleyville Historic Landmark (for a building. object. or geographicallandmarkl. tor which
protection is encouraged:
4. Permission for placement of a marker must be given by the owner of the property on which
the marker will be placed. Provide the name of a contact person if the owner is an institution.
organization. business, or public entity.
Owner's name:
CITY of
Co LL.. t:.- Y///Lt....C;-
Contact person (if applicable):
Mailing address:
Phone : Fax:
Owner's signature:
5. Name of Researcher and Author of Application: jr; I { If A to L- r:. PATTE i<. S; C> (U
Contact address: ';<;;;"05 GLAj)c 1<.1...">"1]) i CuLL {; (VI '-'--E 7/...0JI./
Phone number: 8/7- ;<83 -~-58 Fax:
6. Additional Contacts
Is there anyone else to whom correspondence should be addressed. such as a business
or organization? /lJC) - JUSt 7/~~ (1If/~ lIIS7v,<.ICAL..- (.v.,.,./rJ.
Name:
Mailing address:
Phone: Fax:
'Tlle Tot Ie> ,.4 ivD / NS cf!.i ;>r/otu Pi'tZ 71115 /'n.4;(!K.Ef( 11-// (",/e;
4'-~€AOI .BEE/v ltf'f'RDVE /) ily TH~ CO Iry/-!' I-!/S/"'t)!<.IC,.? L
COI)1/n/ TT~E. 19.iJj)/Tlo./V!;J/.- 1..t.(F[i~M~TI1J./t.J If!'.//) .4 PIICJ70
-t~ C /t TT:t?c../tE V .
THE COLLEYVILLE CIVIL WAR VETERANS' MEMORIAL
The Civil War memorial marker for Colleyville was completed by Moore Monument Co.
of Weatherford, Texas on Friday. August 17. It is now ready to be set. Moore Monument will
deliver and install the marker as a part of the $514.00 price they quoted us.
We suggest that the marker be placed under the trees in the north part of Sparger Park.
This site is especially appropriate since it has belonged, at different times, to at least three
veterans ofthe Civil War, representing both annies. Probably ten or less Union veterans ever
came to Colleyville to live. while there may have been more than one hundred ex-Confederate
soldiers. It seems unlikely that any other site in Colleyville could have been owned by three
veterans. let alone any more.
Present-day Sparger Park remained in the rmblic domain until it was patented in 1858 by
',~'-, . Il. r~ct.~C!
. n::\.:: 11\1, yet 01.'_ .:re-.: tr;~ "':\',:lD!~t~ ..;iJili oIv\.\n::rsrup of IiI': bnd. Tnt'
burning of the Tarrant County court house in 1876 destroyed all the county's deed records. and
we now only have those which were re-recorded by landowners after the fire. By some time in
the 1860's the land was owned by a man named Murphy. By 1873 it had been purchased by a
Union veteran named David Trimble (1819-1879) who had recently arrived here from Missouri.
The Trimbles were leaders in this community for several decades. One of David's grandsons,
William Marshall Trimble (1867-1922). was one of the two founders of the present-day
University of Texas at Arlington in 1895.
By 1879 the park land had been purchased by O. B. Mahan, who in that year sold it to a
Confederate veteran named Thomas Sparger (1835-1920). In 1883, Thomas Sparger sold it to
his brother. also a Confederate veteran. Harvey R. Sparger (1833-1914). The land remained in
the hands of the Sparger descendants until the developers purchased it about thirty years ago.
It seems very likely that W. D. Rogers himself, Mr. Murphy, and perhaps anyone else who
may have owned the land during the 185S-1873 interim may also have been veterans. Most able-
bodied men here during the Civil War years were in Confederate service. I am still checking on
these items, and will be finished doing the research so that it will be available whenever we might
choose to have some sort of dedication service after the weather cools.
I would suggest two possible sites for placing the marker. The best one to me seems to be
northeast of the north parking area., about 25 feet southeast of the large American elm which was
recently cut down. This spot is high enough that it will remain out of the water during most
flood times.
A second possible site is further east back in the ox-bow of the creek. east of the existing
veterans'marker. If the city likes this option better, I'd suggest a spot about 95 feet east of the
existing marker, about equidistant between the double-trunked hackberry and the large cedar elm
which is leaning northeast. This spot is a little lower than the other one.
In either case. I'd suggest setting the marker facing south. That way, only about a 12-inch
face of the marker would be facing the flow of flood waters.. Even in a gigantic flood and even
with the full four feet of the marker facing the flow, the worst that could happen would be that the
top part of the marker could fall over. It will not wash downstream ever. Any flood which could
wash it away would take a substantial amount of the city's tax base with it. and the loss of the
marker would be of no consequence in the whole scheme of things. Many of the interpretive
markers in the Colleyville Nature Center are regularly surrounded by flood water, all of them
weigh much less than this marker, and none of them have ever been damaged or moved by floods.
Either of these placements will have no impact at all on any of the jogging paths or sports
fields. The only maintenance consideration will be that it will be one more thing to mow around
in an area which already has dozens of trees. The growth of grass in both these areas is very
sparse and seldom needs mowing at all. The marker will catch some twigs and other tree debris
around its base during flood times, but no more so than a tree will catch. I will dig the footing
hole and prepare the base a day or two before the men come to set the stone.
The upper part of the marker is a piece of gray marble which was given to us by the
Minter's Chapel Cemetery Association. It was an old marker from the turn of the century which a
family had replaced. Moore Monument Company resurfaced it before cutting the new inscription.
The base is a piece of gray granite. The base of the marker is four feet long and one foot wide.
Approximately four inches of it will show above ground level. The top of the upper part of the
marker will stand about 39 inches above ground level. The marker inscription reads:
IN MEMORY OF
TIlE DEDICATED MEN OF TIllS
COMMUNTIY WHO FOUGHT AND DIED
FOR TIlE SOUTIIERN CONFEDERACY,
1861-1865, AND OF TIlE CIVIL WAR
VETERANS, BOrn NORrn AND SOUTH,
WHO LATER MADE COLLEYVILLE
THEIR HOME
HONORED BY THE CITIZENS OF COLLEYVILLE IN 2001
C' r~' Of
. ((V~:e
~'L/
CITY COUNCIL T",o' AGENDA BRIEFING
For mtg. : 09/11/01 CMO Approval:
Item #:
6 I
I
Ordinance #: I !
0-01-1298 i
I
Previous Action: 09/04/01
DEPT. :
COMMUNITY DEVELOPMENT
!
SUBJECT:
Approval of a city limit line adjustment between
the City of Colleyville and the City of Hurst on 1.4
acres of land at the common city limit line and the
end of Live Oak Drive, Case G-01-014
Second Reading and Public Hearing
First Reading and Public Hearing
Backqround
Paula and Phillip Scott and Otilia and David Swaim have submitted a letter requesting
the annexation of their two lots, which are currently located in Hurst, Texas. The land
area contains 1.42 acres and is located at the end of Live Oak Lane in Colleyville. The
Scotts and Swaims wish to develop their lots for their own homes, however the lots are
not accessible from any Hurst street right-of-way. Additionally, there are no utility
services from Hurst near their lots. However, all needed utilities (water, sewer,
electrical, etc.) are available in Live Oak Drive in Colleyville with only minor extension.
The land west of their property (also in Hurst) has been developed into a single family
development in Hurst called "Versailles Parc", thus leaving these lots in a "landlocked"
condition. Because of this condition, the properties cannot be serviced by police and
fire from Hurst without a somewhat convoluted and time consuming access through the
City of Colleyville.
~~;\
?~Y MANAG
. J
(continued)
w
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1298
Page 2
As can be seen on Exhibit "C", the map of the area, there are other lots in similar
condition to the north. All of these lots are truly "landlocked" as they are not even
adjacent to a road, however these lots are all owned by the owners of the tracts to the
east in Colleyville that front on Rustic Trail. There is not an expectation that these lots
will ever be developed.
The Swaims and the Scotts have approached both cities to determine if an annexation
could occur and access gained to the lots through Colleyville, and thus developed for
their homes. Colleyville staff has contacted the Hurst staff and determined that there
are apparently no objections to this change. Staff has prepared the necessary
instruments to be included in this exchange. Included is a copy of the written "Boundary
Adjustment Agreement" between the City of Colleyville and the City of Hurst, which will
be signed upon approval of the proposed ordinance by the City Council. To avoid a
Dotential timina 92.... or overlaD of municiDal boundaries. the effective date of both the
_ "'_... r-..... --,
, '__. :':,: ;:ji i'.,-", .)I;C y .....
:.JIr.aTi~:::::'::o ~'~::..e,...,:Je'
Chapter 43.031 of the Texas Local Government Code authorizes adjacent
municipalities to mutually agree on changes in the municipal boundaries that are less
than 1,000 feet in width. The affected area is approximately 167.54 feet at its narrowest
width and approximately 369.05 feet at its widest width. The attached ordinance
establishes the city limit boundaries between Hurst and Colleyville. This adjustment will
add an area of 61,912 square feet (1.42 acres) to the corporate limits of the City of
Colleyville.
Recommendation
Approval
Attachments
. Letter from appilcant
. Ordinance 0-01-1298
LETTER FROM APPLICANT
-
-
City Manager Dianne McWdly
C/O City of ColleyviUe
5400 Bransford Road
Colleyville, TX 76034
Let us begin by thanking all parties involved for their attention to this matter. During the
process of planning to build a new home it came to our attention that the properties we own
(called the Scott addition per the survey) are located in Hurst and only have access through
Colleyville. (See Exhibit A) This letter is to request a change in the clty boundary lines
between Hunt ad CoUeyviUe.
Upon attempting to have the land platted, with the City of Hurst, it became clear that the
matter was more complicated than the City or we had expected. During an April 3, 2001 meeting
with officials from the City of Hurst a number of issues and alternative solutions were discussed.
Since that time we have researched the matter further. From the research and some basic
common sense we have formulated the plan we are presenting to you.
Following is a step by step analysis of how we came to our solution.
1. The approval and development of the Versailles Pare subdivision in the City of Hurst
essentially land locked the Scott Addition properties from ever having any access through
the city of Hurst. (See Exhibit A, B)
2. Colleyville can provide access to the Scott Addition Properties from an existing road
(Live Oak Drive - See attached Survey).
3. City services such as Police and Fire protection are a concern. If serviced by the City of
Hurst, Police and Fire response teams would have to go more than three miles through
the City of Colleyville (from the nearest road boundary between the cities) to get to tile
properties. All of this while passing tile Colleyville Police department which is less than
one and one half miles from the properties. (See Exhibit C) We have considerable
concern of adequate response time if serviced by Hurst due to the distance from tile
nearest Hurst facilities.
4. Water and Sewer service also present a challenge. To connect with the city of Hurst
would require connecting to the Versailles Pare Subdivision services. Besides potentially
higher costs to us, and the City of Hurst, it could also put undue hardship on the
homeowner whose property would have to be used to give us access to the services.
Colleyville on tile other hand should be able to provide the connection with little or no
costs or hardship to any homeowner.
5. Other services, such as Mail and GaJbage ser\' .ee, also presented challenges. The
addresses would be Hurst, thereby requiring a Postal worker from the Hurst Zip Code
deliver to the properties. Garbage service would also have to be provided by Hurst as
provided for by their waste management contract. Whereas Colleyville already provides
these services up to the boundary line.
6. Of less concern to the Cities, but of no less concern to tile property owners, are other
services, such as Gas, Electric, Cable and Phonf';. Phone service should be provided
according to which city provides 911 service. Gas. Electric, and Cable should just follow
suit for ease.
We had concern that moving the boundary lines of the cities would be a complicated task and
may require de-annexation and annexation by the two cities. Upon further research and
consultation with legal counsel we found a rule in the Texas Local Government Codes that allows
for a simple agreement to make these changes. It is located in the ORGANIZATION OF
MUNICIPAL GOVERNMENT codes.
43.031. Authority of Adjacent Municipalities to Change Boundaries by
Agreement Adjacent municipalities may make mutually agreeable changes in
their boundaries of areas that are less than 1,000 feet in. width.
Acts 1987. 70" Leg., ch.149. I. cff.Scpt. I, 1987. Amended by IClS 1989,71- Lea., ch.l, 3C, cff. Aui28, 1989
We would like to schedule a time to further discuss our request in person. Please
feel free to contact David or Brad at any of the following numbers.
'\)f
David Swaim l..:,..,.t O...u. . ."r
Home Phone (817)577-3847 t.t{1 <(It Tr" 16
Cell Phone (972) 880-3367 C-o ll.e-'{..J' I
Brad Scott
Home Phone
W (Irk Phone
!'a.;::r
(8] 7) 498-0389
(~:"':') 30-:'-672':
(8 ~ 7) 4QO-8063
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....., ,,-v""""""-
{i,vO\.f' .
Once again we would like to thank everyone for your attention to this matter and
look forward to the quick and effective solution. Any guidance as to the next steps to be
taken in this process would be greatly appreciated.
Sincerely,
David and Otitia Swaim
Brad and Paula Scott
Cc: Donna Arp: Colleyville Mayor
William Souder: Hurst Mayor
. .- ...- .. --'J. ~~.._.; .
Allan Weegar: Hurst City Manager
ORDINANCE 0-01-1298
AN ORDINANCE APPROVING A CITY LIMIT LINE ADJUSTMENT BETWEEN
THE CITY OF COLLEYVILLE AND THE CITY OF HURST WITHIN THE 8.8.8.
& C.R.R. SURVEY, ABSTRACT NO. 420, IN ACCORDANCE WITH CHAPTER
43.031 OF THE LOCAL GOVERNMENT CODE; PROVIDING FOR AN
EFFECTIVE DATE; AND AUTHORIZING PUBLICATION
WHEREAS, the City of Colleyville and the City of Hurst have mutually agreed to
an adjustment to establish a corporate boundary in the B.B.B. &
C.R.R. Survey, Abstract 420; and
WHEREAS, Chapter 43.031 of the Local Government Code authorizes
municipalities to mutually agree on changes in the municipal
boundaries that are less than 1,000 feet in width.
NOW, THEREFORE, BE IT ORDAINED 8Y THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec.1.
THAT the area described in Exhibit "A" and shown on Exhibit "C"
Map of Boundary Adjustment shall be annexed to the City of
Colleyville, Texas.
Sec. 2.
THAT the adjustment to the city limit line between the City of
Colleyville and the City of Hurst shall be as described in the
attached Exhibit "B", Metes and Bounds Description,
Sec. 3.
THAT the Mayor is hereby authorized to execute the Boundary
Adjustment Agreement attached as Exhibit "D".
Sec. 4.
THAT this Ordinance shall become effective on November 1, 2001.
Sec. 5.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption 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
,2001.
day of
The second reading and public hearing being conducted on the
,2001.
day of
ATTEST:
Cynthia Singleton
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
Ordinance 0-01-1298
Page 2 of 2
CITY OF COLLEYVILLE:
Donna Arp
Mayor
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION OF EFFECTED PROPERTY
PROPERTY BEING DISANNEXED BY THE CITY OF HURST AND ANNEXED
BY THE CITY OF COLLEYVILLE
BEING a 1.42 acre tract in the B.B.B. & C.R.R. Survey, Abstract 420, Tarrant
County, Texas.
BEGINNING at the northwest corner of Lot 5, Block 6 of the Rustic Oaks
Addition to the City of Colleyville, Texas, and at the southwest
corner of the right-of-way line of Live Oak Street:
THENCE S 00 03'00" W for a distance of 189.57 feet along the west line of
Lot 5, Block 6 Rustic Oaks Addition, to a point for corner;
THENCE N 89 53'00" W for a distance of 167.54 feet to a point for corner,
said point also being the southeast corner of Lot 14, Block D,
Versailles Pare Addition to the City of Hurst, Texas;
THENCE N 00 03'00" E for a distance of 369.05 feet along the east line of
said Versailles Pare Addition to a point for corner;
THENCE N 89 47'00" E for a distance of 167.54 feet to a point for corner,
also being the north west corner of Lot 13, Block 4, Rustic Oaks
Addition to the City of Colleyville, Texas;
THENCE S 00 03'00" W along the east line of Lot 13, Block 4, Rustic Oaks
Addition to the City of Colleyville, Texas and continuing across the
street right-of-way of Live Oak Drive in all a total distance of 180.45
feet to the place of beginning and containing 1.42 acres of land.
EXHIBIT "B"
METES AND BOUNDS DESCRIPTION OF CITY LIMIT LINE ADJUSTMENT
REVISION TO CITY LIMIT LINE BE1WEEN
CITY OF COLLEYVILLE AND CITY OF HURST
Revised City Limit Line Description:
BEING a revision of the location of a portion of the common City Limit line
between the City of Colleyville and the City of Hurst, Texas, said line revision
being located in the B.B.B. & C.R.R. Survey, Abstract 420, Tarrant County,
Texas.
BEGINNING at a point on the common boundary line between the City of Hurst
and the City of Colleyville, said point also being the northwest
corner of Lot 13, Block 4, Rustic Oaks Addition to the City of
Colleyville.
THENCE
S 09047' 00" W a distance of 167.54 feet to a point on the east line
; _- 4.!"""'\
0-1 .......j, : ...;,
- 'J.:.: V~r::;al"l~S :J~-c ~_::u!L:.;r, -::. :~c C.';it\, o~ hu;s~
Texas;
THENCE
S 000 03' 00" W along the eastern boundary line of the Versailles
Parc Addition to the City of Hurst a distance of 369.05 feet to a
point, said point also being the southeast corner of Lot 14, Block D
of the Versailles Parc Addition to the City of Hurst, Texas;
S 890 53' 00" E a distance of 167.54 feet to point on the common
boundary line between the City of Hurst and the City of Colleyville,
said point also being the south west corner of Lot 5, Block 6, Rustic
Oaks Addition to the City of Colleyville, Texas.
THENCE
EXHIBIT "e"
MAP of BOUNDARY ADJUSTMENT
CITY of COLLEYVILLE ORDINANCE 0-01-1298
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EXHIBIT "D"
BOUNDARY ADJUSTMENT AGREEMENT
AN AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND THE CITY
OF HURST AGREEING TO A BOUNDARY ADJUSTMENT BETWEEN THE
CITIES PURSUANT TO SECTION 43.031 OF THE LOCAL GOVERNMENT
CODE
WHEREAS, the city of Hurst, Texas, has released its claim of corporate
jurisdiction to the tracts of land (the "Land") described in Exhibit "A"
attached hereto; and
WHEREAS, the Land is within the corporate jurisdiction of the City of Hurst; and
WHEREAS, the Land is less than one thousand (1,,000) feet in width at all points:
and
\'VHER=:AS. :.,,,,, Citv Of :-iurS"" 2"1:: the:>ty --:f Co'lc\/'Jii!e being a:'i::ell: I:' 22:"
otner, wlsn to make mutuallY agreeaole changes In their oounaanes
as permitted by Section 43.031 of the Local Government Code;
NOW, THEREFORE, THE CITY OF HURST AND THE CITY OF
COLLEYVILLE, HEREINAFTER REFERRED TO AS THE PARTIES, AGREE
AS FOLLOWS:
1. The Parties agree that the property described in Exhibit "A" will become
part of the City Limits of the City of Colleyville in the manner provided by
Section 43.031 of the Local Government Code and the delineated
boundary line will be the new boundary line between the two (2) Cities.
2. The City of Hurst has released and does release its claim to the territory
and to its extraterritorial jurisdiction to the approximately 61,912.93 square
feet or 1.4213 acres described in Exhibit "A".
3. The Parties agree that these actions are mutually agreeable and that
adjustments in the boundaries of the two municipalities will be made under
this Agreement in the manner intended. as of the earliest date permitted
by applicable law.
4. The parties represent that approval of this Agreement by their respective
governing bodies has been completed and that the undersigned officers
are authorized to execute this Agreement on behalf of their respective
municipality. The Agreement is to be effective on November 1, 2001.
CITY OF HURST, TEXAS
CITY OF COLLEYVILLE, TEXAS
By:
W. Allan Weegar, City Manager
By:
Donna Arp, Mayor
ATTEST:
ATTEST:
By:
City Secretary, Alyce Deering
By:
City Secretary, Cynthia Singleton
Approved as to Form:
City Attorney, John F. Boyle, Jr.
City Attorney, Ross Foster
C\fYor
((\)~n=
CITY COUNCIL ~\ ~ ,-~ AGENDA BRIEFING
7
CMO Approval: I
!
For mt .: I
Item # :
09/11/01
Ordinance # :
DEPT. : ..
COMMUNITY DEVELOPMENT
, SUBJECT:
Approval of a Special Use Permit for vehicle sales
with outside display requested by Allen Roberts,
Big Tex Trailers, located at 4201 Colleyville
Boulevard, Case Z-01-020
0-01-1299
Previous Action: 09/04/01
Second Reading and Public Hearing
First Reading and Public Hearing
Backqround
Allen Roberts, with Big Tex Trailers, has submitted a special use permit application to
allow trailer sales with outside display on property located at 4201 Colleyville Boulevard.
The property is located just south of Felps Drive, on the east side of the road.
The applicant proposes to use the property as a trailer sales lot with outside display and
storage. Big Tex Trailers is a retail outlet for utility trailers, flatbed trailers and cargo
trailers, as well as parts and accessories. The applicant submitted information on the
types of items that would be sold at the facility, and copies of some of this information
are included with this briefing. Pictures of the existing facility in Fort Worth on East
Loop 820 South are also included. A statement of planning objectives from the
applicant is also attached. General information is also available on the Internet at
www.bigtextrailers.com.
( continued)
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1299
Page 2
The following is an analysis of the major items associated with this request.
Zoning. The property is zoned CC3 Highway Commercial. The previous use of the
property was an automobile and motor vehicle sales lot. This use became a legal non-
conforming use in 2000 due to changes in the zoning ordinance, which began to require
a Special Use Permit for any automotive type uses in the CC3 district. A legal non-
conforming use is allowed to remain until the use is vacated for a certain period of time.
Since the proposed use is a substantially different use, a Special Use Permit is required
for trailer sales on this property.
Property Features. The property is 1.84 acres in area, with frontage on Colleyville
Boulevard. The property is platted. There are three structures on site. A large portion
of the property is paved with asphalt as the property was previously used as a motor
vehicle sales lot. There is little landscaping on site. The applicant has indicated that he
currently has no plans to make any changes to the property or building.
economic uevelopment Information. Accoralng to appilcant information, this location
is expected to generate $2.5-3 million in gross sales per year within 24 months of
startup. The applicant has stated that approximately 30% of the gross sales are subject
to sales tax. Based on the city's rate of 2%, this results in an estimated $15,000 to
$18,000 per year in sales tax revenue. The facility is ultimately expected to employ 8-
10 people.
Colleyville Boulevard Design Guideline study. The Colleyville Boulevard Corridor
Committee is working on design guidelines for new development and redevelopment
projects along Colleyville Boulevard. The design guidelines are nearing the stage for
consideration by the Planning and Zoning Commission and City Council, and, if
adopted, would result in amendments to the Land Development Code to implement the
goals and objectives of the guidelines. Items such as site design, landscaping, signage,
and parking are included in the design guidelines. While these issues may not affect
this particular request, future building on or redevelopment of this site may be affected
in the future.
Staff mailed twelve (12) notices to adjacent oropertv owners regarding this request. One
letter was received from an adjacent property owner. The property owner is In favor of
the request, provided a screening fence is constructed adjacent to their property. This
condition is included in the attached ordinance, and a copy of the letter is included with
this briefing.
Agenda Briefing
Ordinance 0-01-1299
Page 3
IMPACT ISSUES
1. Master Plan. The proposal is compatible with the Master Plan, which indicates
commercial uses for the property.
2. Surrounding Properties. The properties located north and south of the site are
zoned CC3 and are occupied by commercial uses. The property to the rear is zoned
PUD-C and is used for commercial purposes. The property across Colleyville
Boulevard is located in Hurst and is zoned for commercial use.
3. Development Trends. This area is not experiencing significant development as
most lots are already built upon. The trend in the area is for commercial and retail
development along Colleyville Boulevard.
4. Infrastructure. The existing utilities in this area will adequately serve the proposed
development.
5. Current Zoning Suitability. The surrounding zOning IS compatible with the
proposal.
SUMMARY
The Colleyville Master Plan adopted in 1998 establishes several goals related to
commercial development. One goal is that efforts should be made to improve the
appearance of existing commercial developments that are non-conforming to current
city standards. General goals and policies are focused on bringing in sales tax
generating businesses along Colleyville Boulevard.
There are several advantages and disadvantages to approving this request. There is
not currently a business operating on the lot, and the use of the lot to generate some
sales tax and property tax income could be perceived as an advantage. However, this
particular use is not a large sales tax generator. Since outdoor storage uses are
generally discouraged by the Master Plan along Colleyville Boulevard, approval of this
use could encourage similar types of automotive uses to locate along the corridor.
Since this request is for a Special Use Permit, the City Council may place conditions on
the approval of the request. These conditions could include the installation of
landscaping or screening, signs, limitations on specific activities on the site, and time
limits or periodic renewals of the Special Use Permit, provided the conditions are
designed to reduce the effect on adjacent or surrounding properties.
Agenda Briefing
Ordinance 0-01-1299
Page 4
The Planning and Zoning Commission considered this request at its August 14, 2001
meeting and recommended approval by a 4-2 vote (Gasper and Hill opposed), subject
to the following requirements:
1. An 8-foot privacy fence be installed along the common property line with 120
Acuff Lane
2. Evergreen shrubs be planted along the fence on the front of the property to
screen the parking area and soften the line of vision
3. A 20-foot landscape buffer be provided along the front of the property
4. Four (4) to six (6) trailers may be displayed in front of the fence during daytime
normal business hours, with the trailers being moved behind the fence at night
5. Travel trailers and/or mobile homes shall not be sold or stored on the site
Recommendation
Denial
Attachments
· Location Map
· Zoning Exhibit
· Information Provided by Applicant
· List of Property Owners Receiving Notice of Public Hearing
· Letter from Adjacent Property Owner
· Photos of Products
· Photos of Fort Worth Facility
· Planning and Zoning Commission Minutes
· Proposed Ordinance 0-01-1299
Location Map
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Information Provided by Applicant
Big Tex Trailers
Statement of Objectives and Economic Development Information
Over the past 19 years, Big Tex Trailer Manufacturing, Inc. has become a nationally recognized
company servicing 48 states, Canada and Mexico. This has been accomplished through a
network of distributors in excess of250 across North America. With our three Texas based
manufacturing facilities and the help of our dealer network, Big Tex trailers have become the #1
selling utility trailer.
Over the past four years, Big Tex has begun to expand its distribution by the incorporation of
company owned retail facilities. We currently have nine retail locations located in Texas,
Arkansas, Arizona and California and project an additional twelve locations over the next five
years. Although this is a somewhat modest growth plan, it is our intention to be selective with
our markets as well as diligent in our efforts to achieve success at each new facility.
Additionally. because Big Tex has been a leader in all aspects of its industry from product
manufacturing, value and safety to distribution and marketing, it is extremely important to us that
we present ourselves in a positive and professional manner in the retail environment.
In addition to utility trailers, the retail division of Big Tex has aligned itself with other high quality
manufacturers and products such as Wells Cargo, CM Trailer, Tex Trail Parts, Dexter Axle and
Priefert Fencing. These products and other top quality components along with our full service
facilities enable us to provide communities like yours with the best products. technology and
value avaiiable in our industry.
Each of our facilities is groomed well and maintains a very diverse inventory, which we will
expect to turn 5- 7 times per year. Consistent with our other locations, we anticipate this
location to generate $2.5M -$3M annual gross sales within 24 months of startup. Of this gross
sales amount, approximately 30% falls into a taxable category in which the city enjoys 2%
participation. This would represent estimated sales taxes revenue to the city of $50-60,000
annually.
In addition to direct monetary impact, we anticipate employing 8-10 full time employees once we
achieve these minimal income targets. We will be advertising locally ($50k annual budget) and
nationally, which will no only affect our sales but help bring additional trade to other area
businesses. We actively participate in the local chambers as well as local sponsorships.
In summary, we believe that Big Tex Trailers can be a valuable partner in your community. For
more information please visit us online at www.BigTexTrailers.com.
List of Property Owners Receiving Notice of Public Hearing
Auto Wash Depot Centers Q Lube Inc, #129/2214 James E. French
1711 Broadway 1385 W. 2200 S. P.O. Box 550
Saugus MA 01906 Salt Lake City, UT 84118 Tioga. TX 76271
Robert E. Lowe Marie Mauldin, Inc. Earleen Fay Wilks
4125 Colleyville Blvd. P.O. Box 584 132 Acuff Lane
colleyville, TX 76034 colleyville, TX 76034 Colleyville, TX 76034
Raymond & Colleen Barrett Phillip Mills John Ballard
120 Acuff Lane 128 Acuff Lane 6340 County Road 204
Colleyville, TX 76034 Colleyville, TX 76034 Grandview, TX 76050
Vicki Lindsey City of Hurst Robert Lowe
3005 FM 646 Rd. N. 1505 Precinct Line Road 111 Shangrila Drive
Santa Fe, TX 77510 Hurst, TX 76054 Azle, TX 76020
Case Z-01-020
According to the last published Tax Records dated 09-01-00, individuals who own property that
is within the 200' of the proposed special use permitland-or/zoning change request are listed
above. I certify that the parties listed above have been notified of the proposed change
request as required by Section 211 the Local Government Code. (Notices dated: August
3,2001)
t;e~
PlannIng & Zoning Assistant
Letter from Adjacent Property Owner
08-06-01
RAYMOND & COLLEEN BARRETT
120 ACUFF LN
COLLEYVILLE, TX 76034
(817) 428-6655
(817) 656-1158 wk.
Planning & Zonning Commision
CASE # Z-01-020
This letter is in reference to a notice we got in the mail about big tex trailers. We have
no problem with them moving in and getting the permit. All we request is they put up a
privacy fence where our property is connected. There is a 6' chain link fence with
barbwire there now but we would like a 8' privacy fence installed. We have two kids and
would like the fence for their safety and our privacy.
THANK YOU:
RAYMOND & COLLEEN BARRETT
Photos of Products
SINGLE AXLE PAN TILT TRANSPORT TRAILER
TANDEM AxLE GOOSENECK TRAILER
TANDEM AxLE CAR HAULER TRAILER'
Photos of Fort Worth Facility
Planning and Zoning Commission Minutes
A Special Use Permit for vehicle sales with outside display requested by Allen Roberts,
Big Tex Trailers, located at 4201 Colleyville Blvd. Case Z-01-020
Clayton Husband presented the case to the Commission and reviewed the staff briefing using a power
point presentation: Case Summary; Economic Development; Impact Issues; and pictures of the property
and surrounding properties. He said that the applicant provided a large array of types of trailers they will
sell and staff culled a usable amount for the packet. He advised the Commission that the entire package
of the information is available in the Community Development. Clayton told the Commissioners that they
and the City Council members have the option to install whatever conditions to the special use permit to
mitigate whatever circumstances they see necessary, such as time limits; landscaping; building; parking,
or whatever they find necessary. He advised the Commission that staff received a letter today from an
adjacent neighbor supporting the request if a screening fence was included in the special use permit. He
pointed out the location of the neighbor.
Commissioner Swift said that the packet talks about the Colleyville Boulevard Corridor Committee and the
standards that they are proposing, and he wondered how close they are to making their recommendation.
Clayton said that they are working on a planning document that is a statement of goals, objectives, and
specific things the Council should consider regarding future changes to the ordinance and it will probably
be October or November before the Council will consider the item. He said that the changes decided
upon by Council will need to be changed into ordinance format to be codified and he would anticipate it
would be around Christmas or after the first of the year before the amendments will take place.
Commissioner Edwards asked if they stil' have the first Highway 26 recommendations aroun,d anyplace.
.:~: .::::..... r-::~:::\""':~a :~'c.'~ _. :.~.:--= 15 .~. : a DOOV: \V;:;- ."2" 1-3::.\): 'J;"," THe
\...:ialrmar, Hart said along mat entire Sloe of me street, In tnat lOCatiOn, tnere IS a car sales lot to tne
south. a Jiffy Lube type business, a car wash, and auto repair. He said that this creates a theme of
automobile type uses in the area that falls under the CC3 zoning district. Mr. Husband responded that he
believed when the community commercial district was split into several categories the CC3 area was
placed on that area because of those kind of uses that were already in place and the CC3 district would
accommodate those businesses.
Chairman Hart opened the public hearing. Those present were Allen Roberts, applicant. He said that
when they were looking for a location, this lot was attractive because of the surrounding uses and in most
areas they currently have businesses. they are in similar locations. He said that they look for locations
that are not in a restaurant row. He said that he is willing to do whatever they can to work it out so they
can use the site for their business.
Chairman Hart asked Mr. Roberts if the business will be a retail or a wholesale operation. He responded
that it will be retail. The chairman asked the applicant if the trailers that they sell are top of the line or
ones they make themselves. Mr. Roberts said that the company he works for, Big Tex, manufactures the
trailers in Odessa, Texas and they also have a manufacturing facility in Mount Pleasant, Texas. He said
that he has been in the business for twenty years and changed companies to get with a company, Big
Tex. that makes changes each year to make the product better. He said that the owner of Big Tex
Trailers received an award of Entrepreneur of the Year and is a member of the National Trailer
Manufacturers Association and is involved in everything to try to make the product better and follow the
laws and make sure everyone is informed. Chairman Hart asked Mr. Roberts if there were different
scales of trailers and he responded that Big Tex is the highest ''1 the industry. Chairman Har: said that
would indicate that Big Tex Trailers IS upscale retail. He said that this is a retail busIness and has an
upscale product. He said that nobody has been able to define to him what upscale retail is.
Commissioner Hill asked the applicant if there are other franchise locations. Mr. Roberts said that they
have eight company owned stores and approximately 250 dealers nationwide. Commissioner Hill asked
if the storage area would be located in the long area at the back or would there be some out front as well.
Mr. Roberts said that they will store the product behind the fence in rows according to size. He said that
at their Fort Worth location they do pull some trailers out during the day for display and they make sure
that the trailers are no in the right-of-way. He said that they do not leave the display out overnight for
security reasons.
Commissioner Edwards asked Mr. Roberts if he would be operating both the Fort Worth location and the
Colleyville location. He responded that he is the area manager for the Metroplex and they have a store In
Dallas and one in Fort Worth and are trying to open two more stores. Commissioner Edwards mentioned
the letter they received from the neighbor and asked Mr. Roberts if he had a problem with increasing the
fence from six feet to eight feet. He said that he didn't know exactly which fence it was they were
referring to. [editorial note: The Barrettes, 120 Acuff Lane live on lots 1B & 2B] The Commissioners
discussed the location of the fence and thought that it was behind the location for Big Tex Trailers and
Chairman Hart read the letter from the Barrettes.
Commissioner Wall asked Mr. Roberts if they would be buying or leasing the property. He said that they
would be leasing the property. Commissioner Wall said that Big Tex Trailers would have nothing to say
about privacy fencing and the owner would have to address the issue. Other Commissioners said that
they could still make it a condition of the special use permit. Commissioner Swift said that the applicant
could make a lease hold improvement on the property. Chairman Hart said that the sign on the property
says it is for sale and that is why he thought they were purchasing it.
Commissioner Edwards asked staff about the status of the landscaping along Highway 26 ordinance and
if the applicant has to comply with it. Clayton Husband responded that the ordinance has not been
approved by Council yet, but if they wanted to add as a condition, it could be proposed. He said that the
proposal in the ordinance was a twenty foot landscaped buffer along Highway 26 and it did not have any
requirements for planting. He said that the landscaping requirements come about when someone applies
for a permit for a new building or expand an existing building beyond a certain point, they are required to
comply with certain ordinances. Clayton said that the Commission could place conditions within the
ordinance to regulate the hours and number of vehicles for display. Commissioner Edwards said that the
property was so narrow, that It would limit the number of trailers that could be displayed. Clayton
Husband responded that there was approximately 200' of frontage.
There being no one else present wishing to speak, the public hearing was closed.
Chairman Hart asked Mike Soab, economic development coordinator, what he would envision going on
this property if this request was not passed since everything around it is zoned CC3 and would not likely
change. Mr. Soab said that he looked at Luckman Silk with a gorgeous building and they are located next
to a car wash. He said that he would like to see more high quality buildings and uses like that. Chairman
Hart asked Mike Soab if he could see them locating between a Jiffy Lube and a car wash? He responded
that Luckman Silk is already in that position and his opinion, as far as economic development, is to try
and develop all of Highway 26 and get away from automotive uses.
Commissioner Edwards asked if it was realistic to expect that at this point in time. She said that there are
a lot of open spaces and there will be plenty of time for this to redevelop in the future because at least
there are some buildings on it and could be used and not left vacant. She said that she can't really see
anyone coming in and spending a whole lot of money on it. Mr. Soab said that the buildings on the
property are obsolete and he looks at the vacant land as an opportunity for someone to come along and
build something nicer.
Commissioner Gasper asked Mike Soab what is going on with the Pay less Cashways. She said that she
understands that it has been sold to a developer. Mike Soab said that he has a phone mail message
from the broker/developer who has a contract on the site and he is considering his options. Mr. Soab
said that the broker is contacting retailers for the site and has two options: 1) to use the building in its
entirety, with renovations; and 2) to redevelop it as a small strip like Colleyville Plaza where Ruby's is
located. Commissioner Gasper said that there is the vacant service station across from Payless. She
said that if one starts at the city limits at that end of town, there is the vacant property that Wal Mart was
interested in, the empty Pay less Cashways building, and the empty service station and there are a lot of
opportunities for improved development. Mr. Soab said that he would agree and there are a lot of
opportunities to upgrade and it's a question to the Commission as to where do they start and do they
want to upgrade this property or continue on with the uses that are currently there. Commissioner
Gasper asked Mike Soab how long the vacant businesses had been in business. He said that Payless
had been in business for twenty years, the car wash has changed hands a number of times. this location
has been a boat dealer then became another used car place and this would be a third automotive use.
Commissioner Edwards said that her bottom line would be that they could hang onto the property and let
it wait until somebody came along to build a really nice building on it, but she is trying to be more realistic
as to what they will actually get on the property. She said that Big Tex will be a sure thing and when the
owner can sell it for more money, he will end the lease and move on to do something better on it. She
said that for the time being, she thinks that this is a pretty good deal.
Commissioner Swift asked the applicant how long of a lease is he planning to sign. Mr Roberts told the
Commission that it is a three year lease with a three year additional option.
Commissioner Hill commented that once they do a SUP it locks in the particular use into perpetuity if that
is the desire for the Commission. Commissioner Gasper said that the sup stays with the land.
Commissioner Edwards said that the land could become worth enough for someone to come in a do
something retail related. Clayton Husband said that if they granted a SUP it would be specifically for this
use, but the property itself would be zoned CC-3 so it would not preclude anything that is allowed In that
district from locating there in the future.
Barry LeBaron told the Commission that staff tried to weigh the advantages and disadvantages for this
use. He said that it is not the high end use they would like to see on Colleyville Blvd., but one of the
advantages is they get a vacant lot taken care of. He said that there are automotive uses on both sides
and it is the only place in the city zoned CC3 and it looked like the strip is intended to be used for
automobile related uses. He said that they looked at what could be done to give some sort of screening
so that they don't just have a large storage lot. He said that the applicant has submitted a picture that
shows the fence location and the building location. He said the Commission could consider requiring a
!ar.::s:aDe sc"'ee!"!!~~ 3jO~'" th,,:- fe~::~ and rna\;'!J~ 2': ;.....:1'"'es ir; he:Gr-.:. C'~ (=:-ve~~:-:?er :';---'._;:-':3 "',~'=L~::
~~_::):T1Dl!Sh screenlnJ tnE ;'aLD~C: rra:!ers an::: ~'::: \/~S~i31 e~~~:~. :-ie ~~-_ ~:la: 31,0\,,,":"19 :n:: a==;j;:3~~ I:'
display one or two trailers could be added as a condition to the sup. They discussed the screening for the
adjacent neighbors.
Commissioner Edwards asked the applicant what a reasonable number of trailers are for display out front
in the daytime. The applicant said that it changes on a daily basis because he doesn't want the display to
become boring. He said that in his Fort Worth location he would display four or five at a time. one day he
may have one twenty foot bright yellow trailer on display and then the next day just a couple of small
single axle trailers. She asked if there was room for four or five and he said there is easily room for four
to six.
Chairman Hart told the applicant that they have a dilemma with Colleyville needing the tax revenue, but
the same time they have a theme of trying to bring in upscale retail. Commissioner Edwards said that
they have established that this area is automobile row. Chairman Hart said that it is difficult to define
what upscale retail is and he told the applicant he thinks he did it for him. He asked the applicant if he
could see some photinias planted along the fence and would the landlord have a problem putting in an
eight foot privacy fence for the neighbors.
Commissioner Gasper said that she has a problem and has to determine what is the highest and best use
and do they take what they can get today rather than what they might get tomorrow. She said that she is
kind of torn because she can see the area developing into much more than what is there now.
Commissioner Edwards said that there are so many other places for someone who is looking to establish
an upscale retail business and this is not the only one by any means. Commissioner Gasper said that
she is not saYing it is the only one, but the more higher and best use development they can have tne
better. She said that she is thinking that when they see Highway 26 finished, the more activity they will
see at this end of town.
Commissioner Swift said that perhaps it is a question of the practicality and the timing of this thing. He
said that given all the property that is vacant in the area the most onerous is probably the vacant gas
station that is closed at Cheek Sparger. He said that he believes that it will stay vacant for some time.
Commissioner Swift asked the applicant what the selling price of the property is. He responded that he
did not know that as the negotiations were done by the owner of the company.
Commissioner Wall moved to recommend approval of the special use permit with the following
conditions: .
1) meet with the requirements for the privacy fence along the back of the property
specified in the letter as item #1 from Raymond Barrett;
2) there be an allowance for display of four to six trailers during daytime normal business
hours with the agreement that the trailers will be pulled in at night; and
3) the fence along the front of the property has a shrubbery line of not less than three feet
in height along the front of the fence line to in part hide the trailers behind the fence and soften
the line of vision.
Commissioner Wall told the Commissioners if they look at the zoning exhibit in the package, it would be
the "x'd" line that goes from the one story building 200' across the front of the property.
Commissioner Edwards seconded the motion.
Commissioner Gasper said that they have not talked about having a twenty foot landscape buffer as they
discussed earlier in the Highway 26 discussions. She said that they have been pushing for that along the
corridor and she noticed in the motion that Commissioner Wall did not mention having it in compliance.
He asked staff what the current requirement for landscaping buffers are in the CC3 zoning district.
Clayton Husband said that it does not specify a landscape buffer specifically, but there are trees and
shrubs required to be planted along the front if the regulations are triggered by issuance of building
permits, but not a specified minimum width. Commissioner Gasper said that she was under the
impression that the Highway 26 Committee was recommending that the city has a twenty foot landscaped
buffer Clayton Husband saId that the City Council is considering their recommendations Commissioner
Wall said that he is open to friendly amendments. Commissioner Edwards said that she is also. Mr.
Husband said that there is more than twenty feet between the property line and the street. Chairman Hart
asked if that would do anything to his parking of the trailers out front. It was decided that it probably
would not have an impact on it. Commissioner Edwards said that if this item goes before City Council
they should have the twenty foot buffering that they are assuming they will get approved with the Highway
26 recommendation so that they end up in the long term with a consistent look Commissioner Swift said
they should make a fourth condition to the motion to go back and retrofit the 20' in case the City Council
approves the Highway 26 recommendations. Chairman Hart said that the twenty foot area does not need
to be landscaped, just be an open grassed area. He said they could landscape it if they want, but he is
not really sure what the Committee is going to bring to the Council. Commissioner Hill said that they don't
have the benefit of knowing what the recommendations will be, but they don't want this property to be
inconsistent with the recommendations. He said that Commissioner Swift made a good point that it could
be retrofitted to agree with any future recommendations of the Highway 26 Committee. Commissioner
Gasper said that they would need to have this special use permit require a 20' landscape buffer. She
said that when she thinks of landscaping she thinks of trees and shrubs or something other than a green
open belt. Commissioner Edwards said that they are requiring trees or shrubs in front of the fence and he
does want to display his product, so it can't be any other landscapmg with height or it will hide the
product. Commissioner Gasper said that if she could have her way, she would want to see a fully
landscaped open space and fully hide the product because it is not going to be an attractive addition to
Highway 26. Commissioner Edwards said if they hide the product. they can't sell it.
Barry LeBaron told the Commission that currently the recommendation of the Highway 26 Committee is a
20' landscape setback and they haven't specified what improvements would be within it. He said just to
start with, you can't have gravel or dirt and you would have to have at the least grass. Commissioner
Edwards asked Mr. LeBaron if somebody else comes on this property and wants to sell something else
other than trailers or use it for some other use, do the specifications on the SUP still have to be met? Mr.
LeBaron said that this special use permit would only be for this particular use and if any other use that is
allowed by right, they would only have to comply with whatever landscape regulations are in the zoning
ordinance. Commissioner Edwards said that if someone were to make changes to the property and
require building permits, they would have to comply with site plan regulations.
Chairman Hart said that the only other thing that he would like to see in the recommendation is to make a
distinction between a trailer home and a trailer that would be pulled behind a car. The Commission said
that the term utility trailer would be better. Clayton Husband said that there is a definition in the Land
Development Code for travel trailers which would be anything that generally falls under "place of a
temporary dwelling" that would be towed behind a vehicle. He said that there is not a definition for "utility
trailer", but there is one for "travel trailer" and if they would prohibit travel trailers from being stored on site.
that would cover their intent. Chairman Hart said that he would want to see the restriction of mobile home
trailers, travel trailers, and dwelling type trailers are not allowed.
Commissioner Wall said that the motion is now to approve with five (5) specifications:
1) meet with the requirements for the privacy fence along the back of the property specified in the
letter as item #1 from Raymond Barrett;
2) the fence along the front of the property has an evergreen shrubbery line of not less
than three feet in height along the front of the fence line to in part hide the trailers behind the
fence and soften the line of vision.
3) there will be a twenty foot (20') landscape buffer along the front of the property;
4) there be an allowance for display of four to six trailers during daytime normal business
hours with the agreement that the trailers will be pulled in at night; and
5) there will be a prohibition against travel trailers/mobile homes sales and or storage on
the site.
Commissioner Edwards seconded the changes to the original motion. The vote being:
Ayes: Edwards, Swift, Wall, Hart
Noes: Gasper, Hill
ORDINANCE 0-01-1299
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR VEHICLE
SALES WITH OUTSIDE DISPLAY ON LOTS 3 AND 4, BLOCK 2, ANDY FELPS
ADDITION; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING
PUBLICATION
WHEREAS, an application for a zoning amendment was filed by Allen Roberts,
representing Big Tex Trailers, on July 16, 2001, requesting a Special Use
Permit for Vehicle Sales with Outside Display under Case No. Z-01-021;
and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land Development
Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and made
a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests 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 Land Development Code 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 as Lots 3 and 4, Block 2, Andy Felps
Addition, by authorizing a Special Use Permit for Vehicle Sales with
Outside Display, together with the conceptual site plan (Exhibit B)
and subject to the following conditions:
a. Screening Fence - An eight foot (8') tall privacy fence shall be
installed along the common property line with Lot 2B, Block 2,
Andy Felps Addition, located at 120 Acuff Lane.
b. Landscape Buffer - A twenty-foot (20') wide landscape buffer
shall be required along Colleyville Boulevard.
c. Landscaping - Evergreen plant materials, at least three feet (3') in
height, shall be planted along the fence adjacent to Colleyville
Boulevard, as shown in Exhibit B.
d. Trailer Display - Four (4) to six (6) trailers may be displayed in
front of the fence during normal daytime business hours. The
trailers shall be placed behind the fence during nighttime hours.
Ordinance 0-01-1299
Page 2 of 2
e. Prohibited Activities - Travel trailers and/or mobile homes shall
not be sold or stored on the site.
Sec. 2.
THAT this property shall be subject to all the regulations contained in
the Colleyville Land Development Code and the CC3 Highway
Commercial District, except where amended by this ordinance.
Sec. 3.
THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Land Development Code
of the City of Colleyville shall be guilty of a misdemeanor and upon
conviction thereof shall be fined 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. 4
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 ORDER~D.
The first reading and puolic hearing being conducted on the
,2001.
day of
The second reading and public hearing being conducted on the
,2001.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
Exhibit A
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CITY COUNCIL Tw; AGENDA BRIEFING
For mta. : 09/11/01 CMO Approval: I
Item#:
8 I
Ordinance # : I
0-01-1300 I ,
Previous Action: 09/04/01
COMMUNITY DEVELOPMENT
I
:
DEPT. :
SUBJECT:
An amendment to Chapter 6 of the Colleyville
Code of Ordinances regarding alcoholic beverage
sales, Case G-01-015
Second Reading and Public Hearing
First Reading and Public Hearing
Backqround
The City Council directed staff to review Chapter 6 of the City Code and draft revisions
to the chapter to bring the code into compliance with the Texas Alcoholic Beverage
Code. The attached ordinance is the result of the review. The ordinance provides
regulations for distance requirements, hours of sale, compliance with zoning
requirements, and food to alcohol ratios. The following is an analysis of the proposed
changes to the chapter.
Section 6-1. This section states that Chapter 6 of the Code of Ordinances regulates
the storage, sale, possession or serving of any alcoholic beverages. Businesses are
also subject to the requirements of the Texas Alcoholic Beverage Code.
(continued)
~-:=:;:::> c---.
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~~:NAG1~
DEPART~NT'HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1300
Page 2
Section 6-2. This section states that a Special Use Permit is required to allow the sale
of alcoholic beverages for either on-premises or off-premises consumption, The current
code implies that a Special Use Permit is required, but it does not directly state that
requirement. This section also contains a provision to protect two existing areas in the
city that are presently zoned with a Special Use Permit overlay district to allow mixed
beverage sales in restaurants. These two areas are located along the west side of
Colleyville Boulevard north of Centerpark, and along Highway 121 north of Glade Road
(see attached map). This special provision is needed to protect existing restaurants that
currently sell mixed beverages due to the changes necessary for compliance with state
statutes. This is further explained in the next section.
Section 6-3. This section establishes the distance requirements from public and private
schools, churches and hospitals for the sale of alcoholic beverages. The distance is
proposed to change from the current 1,000 feet to 300 feet. State statutes allow a city
to prohibit alcohol sales within 300 feet of public and private schools, churches and
public hospitals, The 300-foot measurement is different for churches and schools.
-~~ :--rs,cosej cr:ir3n:e s!cnes :~e m~aSL:~emer:~ beT\Vee;; 2: ~~urch anc ':'.UbL: rc::::,i:2.
ana tne place of DUSlneSS tnai: selis alconolic oeverages IS maae trom from aoor to front
door and along street fronts. This method of measurement is the same as in the current
code,
However, the measurement from a public or private school is different. State statutes
require that the 300 foot measurement be made from property line to property line
rather than from front door to front door. This change affects the two areas in the city
previously discussed in this briefing. These two areas abut public school property,
specifically Bransford Elementary and Colleyville Heritage High School. In order not to
penalize these areas, a provision is included in Section 6-2 that allows the current
businesses to be able to renew their T ABC licenses each year and allows new
restaurants to qualify for new licenses.
The proposed ordinance also includes a provision to allow the City Council to grant
variances from the distance requirements in certain circumstances. The language in
the ordinance was taken from the Alcoholic Beverage Code. This provision is useful as
it gives the Council flexibility to grant a variance in the case of a hardship. The Council
would not, however, be obligated to grant a variance in any case.
This section also includes provisions requIred by a state statute adopted during the last
legislative session. The new law modified the Alcoholic Beverage Code to include
private schools in the application of distance requirements. A definition of private
school, which was also part of the new law, was added to the ordinance, This new
requirement does not affect any existing restaurants or businesses in the city.
Agenda Briefing
Ordinance 0-01-1300
Page 3
Section 6-4. This section, which included limits on the hours of sale and consumption
of alcoholic beverages, was changed to reference State requirements. There are
significant differences between the current city code and the Texas Alcoholic Beverage
Code. Current city code does not allow the sale of beer between the hours of 11 :00
p.m. and 2:00 a.m. The Texas Alcoholic Beverage Code only allows the sale of beer
between 7:00 a.m. and midnight on any day except Sunday. The sale of beer on
Sunday is restricted to the hours between midnight to 1 :00 a.m. and noon to midnight.
The State code is more restrictive, and grocery and convenience stores must comply
with these statutes as part of their license with the Alcoholic Beverage Commission,
The current city code did not refer to mixed beverages sold in restaurants, and this new
section clarifies that the requirements of the Texas Alcoholic Beverage Code apply.
The hours related to mixed beverage consumption are the same as those for the sale of
beer,
Section 6-5. This section requires that mixed beyerages sold for on-premises
consumption may only be allowed in a restaurant or hotel. It further requires that 60%
of the gross receipts of the business must be from non-alcohol or food sales.
Adoption of the attached ordinance will make Colleyville's alcoholic beverage
regulations consistent with state statutes and make the regulations comparable to the
surrounding cities in the area.
Recommendation
Approval
Attachments
· Chapter 6 of City Code of Ordinances (existing)
· Map of SUP areas
· Proposed Ordinance 0-01-1300
Chapter 6 of City Code of Ordinances (existing)
Chapter 6 ALCOHOLIC BEVERAGES*
*Cross reference(s)--Amusements and entertainments, ch, 10; businesses, ch, 22; health and sanitation,
ch, 54; offenses and miscellaneous provisions, ch, 62; traffic and vehicles, ch, 94,
State law reference(s)--Local regulation of alcoholic beverages, V,T,CA, Alcoholic Beverage Code 99
11,38,61,36,108,55,109.31 et seq,; local option elections, V.T.CA, Alcoholic Beverage Code 9 25101
et seq,
ARTICLE I. IN GENERAL
Sec. 6-1. Penalty for violation of certain sections.
Any person violating any of the provisions of sections 6-2, 6-3, 6-4, 6-5, 6-26, 6-29(a), 6-30, 6-32 or 6-34
shall be deemed guilty of a misdemeanor and, upon final conviction thereof, shall be fined in an amount
as provided for in section 1-6, The city attorney is authorized to bring civil proceedings to enjoin the
operation of any premises not in compliance with the provisions of this chapter,
(Code 1980, ch, 4, 9 14(Q))
Sec. 6-2. Proximity of place of business to schools, churches or hospitals.
\/,"("'::.:. ~:-~ ::.;,:::~:~ ::.....:,;-'.9SS :.. ~..;::; =~":- ;~ S.:__.:~=~ -
No cerson 5'-,811 sell or~~soense or e'laage in the business Of 5",Iij"'::- ~- :iisoe!1s'rc a!c:,r<~!!c: 2evera;;",s
~, ~,.. -.":!...:...-
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scnoOi, or pUOllC nospltai, tne measurements to be along the property lines of the street Tronts ana from
front door to front door in a direct line across street intersections where they occur,
(Code 1980, ch, 4, 9 14(J))
State law reference(s)--Sales near school, church or hospital, V,T,CA, Alcoholic Beverage Code S
109,33,
Sec. 6-3. Location of business to be in proper zoning use district.
No person shall engage in the business of manufacturing, distributing, or selling any alcoholic beverage in
the city unless the place of business of such person is located in the use district of the city, as established
by present and future zoning regulations of the city, in which the manufacture, distribution, or sale of such
alcoholic beverage is permitted,
(Code 1980, ch, 4, S 14(K))
Sec. 6-4. Sale of beer for off-premises consumption.
(a) Hours of sale restricted, It shall be unlawful for any person to sell or dispense or offer to sell or
dlsoense any beer for off-premises consumotlon between tne hours of 1100 p,m, of any aay and 2,00
a,m, of the following day,
(b) Packaging, It shall be unlawful for any person to sell or dispense beer for off-premises consumption
except in original packages,
(Code 1980, ch, 4, 9 14(L))
State law reference(s)--Hours of sale and consumption, V.T.C.A., Alcoholic Beverage Code ch, 105:
municipal regulation of beer, V.T. C.A. , Alcoholic Beverage Code 9109.32,
Sec. 6-5. Alcoholic beverage sales must be incidental to hotel, motel, or restaurant.
No person shall sell, store, dispense, or otherwise handle for the purpose of sale, or engage in the
business of selling, storing, dispensing, or otherwise handling for sale, any alcoholic beverage in the city,
except in a location where such activity is either incidental and secondary to use on the same premises
for hotel or motel purposes, or where incidental and secondary to the sale of food for human
consumption, which shall be construed to mean that at least 60 percent of the gross receipts of such
business shall be from food sales,
(Code 1980, ch, 4, S 14(M))
Sees. 6-6--6-25. Reserved.
ARTICLE II. BUSINESS LICENSES AND PERMITS
Sec. 6-26. Application; contents.
Any person applying for a permit or license issued by authority of the Texas Alcoholic Beverage Code or
a renewal of such permit or license or to change the location of the place of business designated in such
permit or license shall deliver to the city secretary, for filing, one copy of the appropriate forms prescribed
by the state alcoholic beverage commiSSion, together with scale drawings showing the proposed location
of the applicant's business in relation to streets, property lines and the nearest church, public school, or
public hospital. Such person shall also provide a statement of his name, current address, addresses for
the previous ten years, age, all other city permits or licenses held, and the names and addresses of all
persons with an interest in such business, which statement shall include an affidavit that the information
given IS true and correct. The applicant shall give permission for his fingerprints, height, weight, race and
other description to be obtained by the police department.
(Code 1980, ch, 4, S 14(A))
State law reference(s)--Alcoholic beverage commission, V.T.C.A., Alcoholic Beverage Code ch, 5,
Sec. 6-27. Reserved.
Editor's note--Section 1 of Ord, No, 0-96-1015, adopted Jan, 16, 1996, repealed 9 6-27 in its entirety.
Formerly, said section pertained to investigation of applicant by chief of police and derived from 9 14(8) of
ch, 4 of the 1980 Code,
Sec. 6-28. Review of application by city secretary; certification as to zoning; objections to
issuance.
The city secretary shall review the application as submitted by the applicant, verify zoning and approval of
a special use permit by the city council. If, from the city secretary's examination, it appears that the
applicant is disqualified, or that the applicant's place of business is inadequate, unsafe, unsanitary or
does not comply with all the terms of the ordinance and the Texas Liquor Control Act, or that any lawful
reason exists why the permit or license should not be issued, it shall be the duty of the city secretary to
file objections to the issuance of the permit or license with the alcoholic beverage commission or with the
county judge,
(Code 1980, ch, 4. S 14(C); Ord, No, 0-96-1015, S 2,1-16-96)
Sec. 6-29. Fees generally.
(a) No permittee or licensee under this article shall engage in the business authorized by his permit or
license without first having paid to the city the permit or license fee levied by this section, It shall be the
duty of the city attorney to petition the state alcoholic beverage commission to cancel the permit or
license of any permittee or licensee who shall engage in the business authorized by the permit or license
of such person without first having paid the fees levied by this section,
(b) There is hereby levied on each person granted and holding a license or permit under this article and
engaged in the business authorized by such license or permit in the city an annual fee in an amount equal
to one-half of the amount charged or taxed by the state pursuant to the Alcoholic Beverage Code for each
type of business or occupation,
(Code 1980. ch, 4, S 14(D), (E))
Sec. 6-30. Fees to be paid in advance; separate license or permit required for each place of
business.
The fees required for licenses and permits as required by section 6-29 shall be paid in advance for one
year, A separate license or permit, as required by this article, shall be obtained for every place of
business where the business of alcoholic beverage manufacture, distribution, or sale is conducted, and
fees for each such license or permit shall be paid,
, ..... ~ .
'vG\.:~ ::.:
;.:1:;::-
Sec. 6-31. Issuance; contents.
Upon approval by the city attorney and payment of the required fees, the city secretary shall issue a
license or permit in the name of the city. which shall acknowledge receipt of such amount and shall
contain the number, name, and expiration date of the state permit or license; the name of the permittee or
licensee; the trade name of such permittee or licensee; the address of the business; and the date of
Issuance,
(Code 1980, ch, 4, S 14(G))
Sec. 6-32. Display of license or permit.
The license or permit issued by the city secretary under this article shall be displayed at all times in a
conspIcuous place within the licensed or permitted place of business
(Code 1980, ch, 4, S 14(H))
Sec. 6-33. Refund of fees.
No refund of a fee paid the city under the terms of this article shall be made for any reason except when
the permittee or licensee is prevented from continuing in business by reason of the result of a local option
election or an amendment of the zoning regulations of the city concerning the property on which the place
of business is situated,
(Code 1980, ch, 4, S 14(1))
Sec. 6-34. Records.
All persons operating establishments engaging in the sale of alcoholic beverages within the city, including
private clubs, shall submit to the city secretary sworn copies of all state sales tax returns and state
alcoholic beverage tax returns filed by such establishment, together with a form authorizing the city to
verify the returns with appropriate state agencies, The applicant shall also supply receipts from suppliers
upon request of the city secretary, Licensees and permittees under this article and private clubs shall
supply such copies on or before the date such reports are due to the state, Such records shall cover the
most recent period of operations,
(Code 1980, ch, 4, S 14(N))
State law reference(s)--Taxation, Alcoholic Beverage Code ch, 201 et seq,
Sec. 6-35. License and permit renewals.
No license or permit issued under this article shall be renewed for any location where the records
required by section 6-34 indicate that gross receipts from sales of food are less than gross receipts from
alcoholic beverage sales, No new license or permit shall be granted for alcoholic beverage sales at such
location for a period of six months,
(Code 1980, ch, 4, S 14(0))
Sec. 6-36. Application to private clubs.
Sections 6-1--6-5, 6-26, 6-28 and 6-34 are the only sections of this chapter which shall apply to private
clubs, and this chapter shall not apply to pnvate clubs incidental to a hotel or motel, as defined in the
zoning ordinance; nor to private clubs licensed by the state which are owned and operated by nonprofit
service organizations, such as Veterans of Foreign Wars and the American Legion,
(Code 1980, ch, 4, S 14(P))
State law reference(s)--Private club registration permit, VTCA, Alcoholic Beverage Code ch, 32,
Map of SUP Areas
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ORDINANCE 0-01-1300
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 6,
ALCOHOLIC BEVERAGES, OF THE CITY CODE; PROVIDING FOR THE VIOLATION
OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION.
WHEREAS, the City Council of the City of Colleyville has determined that it is in the best
interests of the citizens of Colleyville, Texas to revise Chapter 6 of the
Colleyville Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1, THAT Article I, entitled "In General" of Chapter 6 of the Code of Ordinances, City
of Colleyville, Texas, is hereby amended in its entirety to read as follows:
Sec. 6-1. Applicability of chapter
The storage, sale, possession or serving of any alcoholic beverages, when
permitted by the laws of the state, shall be regulated and governed as provided
herein.
Sec. 6-2. Compliance with zoning and Land Development Code
(a) The storage, possession, sale or serving of alcoholic beverages by anyone
for the consumption, either on or off the premises, shall be prohibited unless on
land zoned specifically for that purpose with a Special Use Permit in accordance
with the Colleyville Land Development Code.
(b) For any area of the city that was granted a Special Use Permit for alcoholic
beverage sales, for either on-premises or off-premises consumption, prior to
October 1, 2001, the premises shall be deemed to satisfy the requirements as
established by this Code regarding distance from schools, churches, and other
types of premises for all new and subsequent renewals of a license or permit.
Sec. 6-3. Restrictions on sales within prescribed distances of public and
private schools, churches and public hospitals.
(a) It shall be unlawful for any person who is engaged in the business of selling
alcoholic beverages to sell alcoholic beverages where the place of business of
any such person is within three hundred (300) feet of any church, public or
private school, or public hospital.
(b) The measurement of the distance between the place of business where
Ordinance 0-01-1300
Page 2 of 3
alcoholic beverages are sold and a church or public hospital shall be along thl
property lines of the street fronts and from front door to front door, and in a direct
line across intersections.
(c) The measurement of the distance between the place of business where
alcoholic beverages are sold and a public or private school shall be in a direct
line from the property line of the public or private school to the property line of
the place of business and in a direct line across intersections.
(d) The City Council may allow a variance to this section if it determines that the
enforcement of the regulation in a particular instance is not in the best interests
of the public, constitutes waste or inefficient use of land or other resources,
creates an undue hardship on the applicant for a license or permit, does not
serve its intended purpose, or is not effective or necessary, or for any other
reason the City Council determines, after consideration of the health, safety and
welfare of the public and the equities of the situation, that the variance is in the
best interest of the community.
(e\ The term "orivate school". including a oarochia! SC1001. IT1-?2n.S a s::-hool
OTT:: -:g a course Ci ;""Slructlon to' S',.,J,='lIS i'.... ::':E ::;- mars ;:-aces rror-:
kmoergarten through grade 12, and has more than 100 students enrolled and
attending courses at a single location.
Sec. 6-4. Hours of sale and consumption
The hours of sale and consumption shall be as required by the Texas Alcoholic
Beverage Commission.
Sec. 6-5. Alcoholic beverage sales for on-premises consumption must be
incidental to hotel, motel, or restaurant.
No person shall sell, store, dispense, or otherwise handle for the purpose of
sale, or engage in the business of selling, storing, dispensing, or otherwise
handling for sale, any alcoholic beverage in the city for on-premises
consumption, except in a location where such activity is either incidental and
secondary to use on the same premises for hotel or motel purposes, or where
incidental and secondary to the sale of food for human consumption, which shall
be construed to mean that at least 60 percent of the gross receipts of such
business shall be from non-alcohol and food sales,
Sec. 2, THAT Chapter 6 of the Code of Ordinances of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this ordinance.
Ordinance 0-01-1300
Page 3 of 3
Sec. 3. 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 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. 4. THAT the City Secretary is hereby authorized and directed to cause publication
of the descriptive caption and penalty clause hereof as an alternative method of
publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2001.
day of
The second reading and public hearing being conducted on the
,2001.
day of
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secreta ry
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
CII.I. r>{
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CITY COUNCIL ~;-' AGENDA BRIEFING
For rotg. : I
Item # :
9
Ordinance # : I
0-01-1301
Previous Action: 09/04/01
09/11/01
CMO Approval: I
I
I
i
DEPT. :
FINANCE
SUBJECT:
Adoption of the proposed Fiscal Year 2001-2002
Budget
Second Reading and Public Hearing
First Reading and Public Hearing
Backqround
Attached is Ordinance 0-01-1301 for the adoption of the Annual Budget for Fiscal Year
2002, On August 1, 2001 the City Council held a worksession to review the proposed
2002 budget. The totals for the Utility Fund, Debt Service. and Drainage Utility Funds
contained in the ordinance are the totals presented to the Council, but the General Fund
budget was increased to fund the compensation adjustment for the recent
reclassification of the Assistant City Manager to a Deputy City Manager position. Per
the direction of the Council, the following changes were made within line items Council
discretionary (account 01-14-6298) was decreased by $3,500 to fund GRACE-$500,
(continued)
---=< k ,.
CITY MANAGER
~~1~/
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1301
Page 2 of 2
TEX 21-$2,500, and Women's Shelter-$500. Additionally, Colleyville Proud -$3,500 was
funded in the Park's budget by reducing the contractual services line item (account 01-
32-6226) by $3,500.
Recommendation
Approval
Attachments
. General Fund Revenues
. General Fund Summary
. Utility Fund Summary
. Debt Service Cund SUr'1m3rv
., =-':-,,"',3g2 i....Jt!'ity r Lj'J Summary
. Ordinance 0-01-1301
GENERAL FUND REVENUES
PROPOSED ANTICIPATED ACTUA~
FY 2002 FY 2001 FY 2000
AD VALOREM TAXES
Current Taxes $ 5.598,928 $ 4,934,645 4473,516
Delinquent Taxes 34,000 38.000 33484
Penalty and Interest 33.000 30,OOC 34,054
AD VALOREM TAXES SUBTOTAL 5,665,928 $ 5,002,645 $ 4,541.C54
'RANCHIS" TAXES 1.310,673 $ 1.353,348 1.167,272
SALES TAXES $ 1 770.500 $ 1. 726,631 $ 1.716,142
LICENS"S AND PERMITS 1.061.335 $ 942.460 $ 161.363
FINES S 571.250 559.450 S 574.768
CH~RG~S FOR SERV:::ES 589.9:3 545275 $ 67~.: I:
I NTERGOV"RNMErH AL 63,814 $ 60.775 $ 57,881
MISCELLA.NEOUS REVENUES $ 371.400 $ 615,370 $ 642,181
CJSE OF FCJND BALANCE 150.000 195000 $ 0
TRANSFER FROM UTILITY FUND 443,619 $ 513.279 $ 447,005
TOTAL GENERAL FUND REVENUES
$
I; 998 432
11.514,233
10,986.778
GENERAL FUND SUMMARY
PROPOSED ANTICIPATED ACTUAL
FY 2002 FY 2001 FY 2000
Beginning Unreserved Fund Balance. 10. $ 5712,830 5,914,387 $ 509t.,228
Total Revenues 11.848432 : 1.319,233 10,986778
Use of Fund Balance 150.000 195,000
Tota! Expenditures (11.997704) (11.520 790) (10,166,619
Ending Unreserved Fund Balance 9/30 $ 5,563,558 $ 5.712,830 $ 5,914,387
Net Increase/(Decrease) to Fund Balance (149.272J $ (20 I. 55 7) $ 820,159
EXPENDITUR~ RECAP
MANAGEMENT
City CounCil/City Secretary $ 269,823 $ 313,390 $ 221.063
City Manager's Office 563,192 563,980 563,744
Legal Counsel 80,000 80,000 99.385
Marketing 1:5.092 88,102 0
Finance 479 567 451.409 411,335
MuniCipal COL;rt 149077 114,550 105.375
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COMMU~ITY DEVELOPMENT
COlT'rrlunlty Development 390,965 $ 364,898 $ 360,300
8uild~ng Ins;:JectJons 3: 5041 287,741 264,376
Economic Development 143 649 135,294 ]40,177
Engl neen ng 646.561 644043 604,728
COMMUNITY ~EVELOPMENT SUBTOTAL 1.496.216 1 431.976 $ 1.369,581
POL!::: 2.876.012 2,512,521 $ 2,329404
~IR:: 2722,210 2.404.734 $ 2,307,966
COMMUNITY SERVICES
Parks 1 123,656 920.895 860,233
Recreation 309.187 244,564 136,765
Community Center 3 I: 257 282,567 235.461
COMMU~~ITY SEq"ICES SUBTOTAL 1 744,100 $ 1.448,026 1.232.459
PUBLIC WORKS
Streets and Drainage 112,908 $ 1.153,903 $ 1.393,787
FIPP' Maintenance 181 C:')7 123.825 132.520
PUBLIC WORKS SJBTOTAL' 1.293,915 1.277728 $ 1.526.307
PERFORMANCE PAY 208,500 95,000 $ 0
COMPENSATIO~i ADJJSTMENT 0 739,374 $ 0
TOT AL GENERAL FUND EXPENDITURES 1: 997,704 $ 11.520790 10,166,619
UTILITY FUND SUMMARY
PROPOSED ANTICIPATED ACT:.JA~
FY 2002 FY 2001 FV 2000
BEGINNING RETAINED EARNINGS 1011 $ 7,521.756 $ 7,647,727 $ 5682,514
RETAINED EARNINGS TO FUND PROJECT C
PHASE II SEWER EXTENTIONSI LAND
PURCHASE FOR GROUND STORAGE TANK 0 825,000 $ 0
TOTAL BEGINNING RETAINED EARNINGS 1011 7.521. 756 6,822,727 5682,514
OPERATING REVENUES
Water Sales $ 5.493.866 5,386055 6,570683
Wastewater Sales 1. 706,006 1.667.784 1,983,963
Water Installation 61. 600 61.600 77.332
Wastewater Installation 22,500 22,000 23,100
Sewer Tle,On Charges 20,000 30,750 52,097
Engineering Charges 35.000 35.000 67.554
PenaltIes 158,838 154.211 145343
MlsCellanE:OU5 8,25C 8.200 16,084
TOTAL OPERATING REVENUES $ 7.506,060 $ 7,365,600 8,936,156
OPERA TING EXPENSES
Utility Administration 176.943 $ 157.997 146.466
L..'tllity Billing 184,333 145,368 141.447
Utility Operations 5,203,262 5.872,337 5.564,744
Transfer to General Fund 443,619 418.458 447,005
Performance Fav 44,000 34,864 0
Compensation Adjustment 0 65,114 0
TOTAL OPERATING EXPENSES 6,052,157 $ 6,694,138 $ 6,299,662
NON,OPERA TING REVENUES(EXPENSES)
Interest Income 400,000 300.000 426.480
Use of Retained Earnings for PrOjEct C Phase II Sewer Line 0 825,000 0
Deet Service (1.25433: (j ,097.433) (1,097,761)
TOTAL NONOPERATING REVENUES(EXPENSES) (854,335) $ 27,567 $ (67],281)
NET INCOME 599,568 699,029 $ 1.965,213
ENDING RETAINED EARNINGS 9/30 $ 8,121.324 7,521.756 $ 7,647,727
DEBT SERVICE FUND SUMMARY
PROPOSEC
FY 2002
AI\TICIPA TED
FY 200:
ACTUAL
FV 2000
BEGINNING FUND BALANCE, 10
$
760,662
s
756,106
$
721.629
FUND REVENUES
Current Property Taxes 1.654021 1552,893 1.566,880
Delinquent Property Taxes 1 2,000 12,000 13,579
Penalty & Interest 10,000 10,000 1 2.489
Transferrn CCCPD Fund 644,333 641.473 429,763
Interest Income 42,000 42,000 44,413
TOTAL REVENUES $ 2,362,354 $ 2,258,366 S 2,067,124
FUND EXPENDITURES
1975 G 0 Bonas S 68.7502 $ 70,500 $ 72,250
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1992 G 0 Bonds 0 246,110 246.110
1993 G 0 Bonds 140,23: 250,19t. 254,688
1994 GO & Refunding Banas 325.300 418,220 341,073
1995 G.O Bonds 117 395 221,808 224,208
1996 G C Bonds 105.400 185,576 184,016
: 999 G.C; Benos 33,67:'- 3~,270 37,927
1999 CCCpD Sales Tax Banas 644,333 641.4 73 429,763
2001 GO Refundrng Bonds 632 715 0 0
'iCe Truck N:Jte 57 192 59.812 50,000
RadiO Tower /Equlpment Lease 0 0 39,941
RadiO Tower Upgrade Lease 23,559 35,000 0
Ambulance I Lease 0 0 23,039
Ambulance II Lease 32,222 34,260 0
F!re Truck Lease 41. 582 41. 582 41.582
Paving EqUipment Lease 52,555 0 0
PaYing Agent/Arbitrage Calculation Fees 18.4 50 10,000 10,500
TOTAL EXPENDITURES $ 2,298354 $ 2,253,811 $ 2,032,647
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DRAINAGE UTILITY FUND SUMMARY
PROPOSED ANTICIPATED ACTUA.
FY 2002 FY 2001 FY 2000
BEGINNING FUND BALANCE 1011
$ 518,359 413,378 $ 352 554
FUND REVENUES
Drainage Fees 617.955 $ 582 450 $ 378.54:
Penalties 9,269 9,172 6,103
Interest Income 55,000 46,000 13.750::
TOTAL REVENUES $ 682,224 637,622 $ 398403
"UND EXPENDITURES
Drainage Ooeratlons 302,979 $ 389,054 $ 204,979
Performance Pay 6,000 4,000 C
Debt Service 290,115 131.350 132.600
ComoensatlOn Adjustment 0 8,237 0
TCn.c.c. EXPENDiTURES 599 OQ':' $ 532.64l $ ~- -
ENDNG FUND BALANCe 9/30
$ 601489 $ 518,359 $ 4:3,378
ORDINANCE 0-01-1301
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS
APPROVING AND ADOPTING THE ANNUAL BUDGET FOR THE CITY O.
COLLEYVILLE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001
THROUGH SEPTEMBER 30, 2002, A COPY OF SAME BEING ON FILE IN THE OFFICE
OF THE CITY SECRETARY, TO BECOME EFFECTIVE ON OCTOBER 1, 2001.
WHEREAS, in compliance with Article 689a-14, Vernon's Texas Civil Statutes, the City
Manager did file with the City Secretary a copy of the budget of the proposed
expenditures for the fiscal year beginning October 1, 2001, and ending
September 30, 2002, such filing being more than thirty (30) days prior to the
date on which the City Council makes its tax levy for said fiscal year; and,
WHEREAS, notice of public hearings to consider said budget were published in a
newspaper of general circulation in the City of Colleyville, Tarrant County,
Texas, not more than thirty (30) days nor less than ten (10) days prior to said
public hearings; and,
WHEREAS, all legal requirements of Article 689a, et seq, Vernon's Texas Civil Statutes,
as well as all other pertinent laws have been complied with and fulfilled:
NOW, THEREFORE, BE IT ORDAINi::u 8)" TnE C;-;Y COUNCIL OF THE Clry OF
COLLEYVILLE, TEXAS:
Sec, 1.
THAT the budget of the proposed expenditures for the fiscal year beginning
October 1, 2001, and ending September 30, 2002, which was prepared by
the City Manager, a copy of which is on file in the office of the City Secretary,
is hereby made a part of this ordinance by reference and is hereby approved
and adopted by the City Council of the City of Colleyville, Texas, as the
official budget for the fiscal year beginning October 1. 2001, and ending
September 30, 2002,
Sec. 2,
THAT appropriation amounts for the Fiscal Year 2002 budget for the different
funds of the City of Colleyville are hereby fixed as follows:
General Fund
Utility Fund (Water & Wastewater)
Debt Service Fund
Drainage Utility Fund
$11,997,704
$ 7,306,492
$ 2,298,354
$ 599,094
AND IT IS SO ORDERED.
The first Reading and Public Hearing being conducted on September 4, 2001.
The second Reading and Public Hearing being conducted on September 11, 2001,
Ordinance 0-01-1301
Page 2 of 2
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
COllEYVlllE, TEXAS, THIS THE DAY OF ,2001 BY THE
FOllOWING VOTE:
Joe Hocutt
Dana Feldman
Ginny Tigue
Brad Rice
ATTEST:
APPROVED:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
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CITY COUNCIL Tm' AGENDA BRIEFING
For mt .: 09/11/01 CMO Approval: !
Item#:
I 10
I
I
Ordinance # : I
! 0-01-1302
Previous Action: 09/04/01
DEPT.: I
FINANCE
SUBJECT: I
I Setting the Ad Valorem Tax Rate for FY 2001-
2002
I
Second Reading and Public Hearing
First Reading and Public Hearing
Backqround
At the August 1, 2001 budget worksession, the Interim City Manager presented the
proposed FY 2002 budget with a tax rate for Fiscal Year 2001 of $.3474 per hundred
dollars of valuation. The effective tax rate calculation set the allocation of the tax rate to
be $,26954 allocated to the General Fund and $,07786 allocated to the Debt Service
Fund,
Recommendation
Approval
Attachments
. Area City Tax Rate Comparison
· Ordinance 0-01-1302
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CITY MANAGER
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DEPART ' SAD
FINANCIAL REVIEW (IF NECESSARY)
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ORDINANCE 0-01-1302
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS,
LEVYING TAXES FOR THE OPERATION OF THE MUNICIPAL GOVERNMENT OF THE
CITY OF COLLEYVILLE, TEXAS, FOR THE 2001-2002 FISCAL YEAR; ESTABLISHING
THE AD VALOREM TAX RATE OF THIRTY FOUR AND SEVENTY FOUR
HUNDREDTHS CENTS ($.3474) PER ONE HUNDRED DOLLARS PROPERTY
ASSESSMENT; PROVIDING FOR APPORTIONMENT OF TAXES FOR INTEREST AND
SINKING FUND FOR CERTAIN BOND INDEBTEDNESS AND FOR GENERAL
OPERATING NEEDS, PROVIDING PENALTIES AND INTEREST FOR THE
DELINQUENT TAXES, AND TO BECOME EFFECTIVE ON OCTOBER 1, 2001.
WHEREAS, a budget has been adopted by the City Council of the City of Colleyville,
Texas, covering the proposed expenditures of the municipal government of
the City of Colleyville for the fiscal year beginning October 1, 2001 and
ending September 30, 2002; and
WHEREAS, said budget reflects the needs for revenue to meet the expenses proposed
therein; and
WHEREAS, the City is required to accumulate an Interest and Sinking Fund for certain
outstanding bond indebtedness.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec, 1,
THAT there is hereby levied an ad valorem tax that shall be collected for the
use and support of the municipal government of the City of Colleyville, It
shall provide the legally required interest and sinking fund for certain
outstanding bond indebtedness during the 2001-2002 fiscal year, Such tax
shall be levied upon all property, real, personal or mixed within the corporate
limits of Colleyville, Texas, which is subject to taxation. The rate of tax shall
be thirty-four and seventy-four hundredths cents ($,3474) on each one
hundred dollars ($100.00) property assessment. Said tax levied for and
apportioned to the following specific purposes:
A. For the General Fund, a tax rate of $.26954 is levied.
B. For the Interest and Sinking Fund, a tax rate of $.07786 is levied.
Ordinance 0-01-1302
Page 2 of 2
Sec. 2,
THAT taxes levied by this ordinance shall be due and payable on the first day
of October 2001, and shall become delinquent on the first day of February
2002, if unpaid, Upon taxes becoming delinquent, interest and penalty will
be added as required in Section 33.01 of the Texas Property Tax Code, and
shall commence on the first day of February 2002, The City of Colleyville is
hereby authorized to adopt any and all legal remedies provided by the Texas
Property Tax Code for the purpose of collecting delinquent taxes,
AND IT IS SO ORDERED.
The first Reading and Public Hearing being conducted on September 5,2001,
The second Reading and Public Hearing being conducted on September 11. 2001,
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS, THIS THE DAY OF ,2001 BY THE
:::-')~~ )\Nl~'~ VOT~
Joe Hocutt
Dana Feldman
Ginny Tigue
Brad Rice
ATTEST:
APPROVED:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Pss ., :-oste
City Attorney
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CITY COUNCIL ~ AGENDA BRIEFING
For mt . I
Item # :
09/11/01
CMO Approval: I
I
I
I
i
I
I
11
Ordinance # : I II
. 0-01-1303
Previous Action: 9/04/01
DEPT. :
FINANCE
SUBJECT:
Amending Ordinance 0-92-880 setting fees and
charges for City services and facilities '
Second Reading and Public Hearing
Backqround
At the request of the Council the proposed weed mowing administrative fee was
increased to $120.00 per incident to cover staff, mailing, and incidental costs related to
the notification and mowing process. Also included is a clarification of the conditions for
charging the proposed PUD application fee. Attached are memos from Barry LeBaron,
Community Development Manager, providing further information.
First Reading and Public Hearing
Backqround
In September 1992, the Council approved an ordinance setting miscellaneous fees and
charges, As a part of the budget process, department directors reviewed the fees
(continued)
?r~
CITY MANAGER
~X<.~ca~J
DEPARTME A /
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1303
Page 2 of 2
charged by their department and proposed new fees to be charged. Included in this
ordinance are additions, deletions, and revisions to fees proposed by the Community
Development Manager for various planning and zoning fees and building inspection
fees (see attached memo). Also attached is a memo from the City Secretary detailing
changes to various copy and research charges so we will be in compliance with state
law, The Community Center Manager is requesting to delete the video conferencing fee,
because the center does not own that type of equipment. The final change is to
encompass all the situations dealing with damage to a water meter locked for non-
payment. The effective date of all changes is October 1, 2001.
Recommendation
Approval
Attachments
. Amenamg PUD Oralnance Fee Memo Trom Barry LeBaron, Community
Development Manager dated September 5,2001 (paper copy only)
. High Grass & Weed Ordinance Administrative Fees Memo from Barry LeBaron,
Community Development Manager dated September 5, 2001 (paper copy only)
. Memo from Barry LeBaron, Community Development Manager dated August 29,
2001 (paper copy only)
. Memo from Cynthia Singleton, City Secretary (paper copy only)
. Memo from Lin Przybyl, Community Center Manager (paper copy only)
. Ordinance 0-01-1303
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Tr-xa!'o .
COMMUNITY DEVELOPMENT MEMO
date:
September 5. 2001
Bill Lindley, City Manager
Barry LeBaron, AICP, Community Development Manage
memo to:
memo from:
i
[i subject:
I
Amending PUD Ordinance Fee
One of the questions asked by the City Council at the September 4,2001 meeting related
to the definition of an "Amended PUD" application in the proposed fee ordinance,
Colleyville currently charges a $500 application fee for a rezoning request for a Planned
Unit Development (PUD) zoning proposal. This fee recovers much of the costs associated
with the amount of staff time used to send notices to the property owners surrounding a
PUD request, advertise and schedule the required public hearings, and to draft the PUD
ordinance, Many PUD ordinances contain multiple paQes of regulations that must be
carefully written for each unique situation - a very time consuming process,
However, there are a number of times after the approval of a PUD ordinance that during
the actual construction phase of a development project the developer sees something In
the development that he would like to change, like a set back line or lot width. Even though
amending a PUD ordinance requires the same procedures as the original rezoning request,
j,e, property owner notification. advertisement and public hearings at the Planning and
Zoning Commission and City Council, the actual amount of staff time is considerably less
to write a much simpler amending ordinance, Therefore. staff is recommending the
establishment of a new fee for an amended PUD application that is less than the original
PUD rezoning application fee,
However. without some additional language to the fee ordinance, it may become difficult
determining what qualifies as an amended PUD application, To avoid abuse of the lower
fee by an applicant requesting a complete revision of all the PUD terms and conditions is
by limiting the type of amendment requests to only those that either add, delete or change
a special condition to an existing PUD, This would prevent a request for a total land use
change of an existing PUD by using the PUD amendment fee structure.
It is recommended that the following language be added to the proposed fee ordinance
"to add, delete or chanQe a special condition to an existinQ PUD ordinance",
:~~,!l!l@
~~~
't":-<:d!'> .
COMMUNITY DEVELOPMENT MEMO
memo to:
memo from:
September 5, 2001
Bill Lindley, City Manager
Barry LeBaron, AICP, Community Development Manag
date:
subject:
High Grass & Weed Ordinance Administrative Fees
During the recent review of the changes proposed to our current fee ordinance. there was
concern expressed over the apparently low administrative fee of $15 associated with the
High Grass and Weed Ordinance, The administrative fee is charged to the property owner
when the City has to mow the property after giving the property owner ample notice of the
high grass violation and adequate time to abate the problem, but has failed to mow the
property, Municipalities generally add administrative charges for mowing high grass and
weed violations to (1) recoup the associated administrative costs and (2) to make it
expensive to the property owner for the City to manage their vacant property,
Unfortunately, the $15,00 fee charged by the City of Colleyville does not reCOUD the costs
-'''::; 3::::u2! amoum of s,3F :--..:... :-;xpe~aec enfor:::~= :he 'Jra!r.2:Jce,
The amount of staff time typically consumed by a high grass and weed ordinance violation
is alarming, Shown in the table below is a representation of the steps involved in resolving
a high grass complaint which includes an estimate of the amount of staff time normally
expended in this process, Many high grass violations require more staff time than that
shown, Some of the steps involve more than one taSK and often more than one person's
time is necessary to complete the process, These steps, the tasks and the amount of staff
time required is described as follows:
Step
Tasks
Inspector: Clerical
time . time
,25 hrs,! 0,25 hrs "
1, Intake Information
I 2 Field validation
!
i 3 Written notification
II
Ii 4, Follow-up field
II inspection
5 Issue work oraer
6 Issue invoice
7, File lien
TOTAL HOURS
! Receive complaint set up file,
i research property Information
i Drive to site, verify Violation
! prepare certified notification to
Violator Post notice on property i
if necessary
I
: Drive to Site, evaluate status
I
I
i
0,50 hrs,
----- :1
0,30 hrs! 0,25 hrs
0,50 hrs,
I get (3) bidS. hire contractor
1,00 hrs,
re-Inspect abatement, prepare 0,50 hrs 050 hrs
. and send inVOice to owner
lien IS prepared and filed at 0,25 hrs 0,50 hrs
Tarrant County Clerk's office if i
payment IS not made
3,30 hrs 1,50 hrs
As you can see, a high grass and weed violation typically consumes approximately 4.8
hours of staff time, Based on an average cost of $25 per hour of staff time, a high grass
and weed violation can cost the City of Colleyville approximately $120.00, This estimate
does not include the actual mowing expenses incurred by the City, Staff surveyed several
area cities to:determine their administrative charges for similar work and three of those
responding to the survey are listed below,
Arlington $100,00
Euless $150,00
North Richland Hills $105.00
Staff is recommending the administrative charge be increased to not more than $120.00 at
this time, However, staff will continue to research the issue of assessing charges to
property owners for each of the various stages of inspection related to a high grass and
weed complain and for establishing a sliding scale or increasing the administrative charges
for repeat offenders, Staff will bring a recommendation back to the City Council on these
additional issues at a later date,
For your information, I have included a copy of the General Operating Procedure prepared
by staff several months ago to assist the code enforcement staff with their administrative
functions related to the High Grass and Weed Ordinance, This General Operating
Procedure identifies the seven specific tasks associated with enforcing the High Grass and
Weed Ordinance, particularly when a high grass and weed case is not resolved by the
property owner,
,
C.
, .
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(adm;n:memo-bl-genl)
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General Operating Procedure
City of Colleyvi!le
Code Enforcement Department
! Subject
Number
. 5400 Bransford Rd
High Grass & Weeds Ordinance Compliance Procedures
Effective Date
817-577-7570
05/15/2001
The City of Colleyville has adopted a nUisance ordinance (0-98-1101) which makes it a violation to allow grass and
weeds to exceed 12 inches in height Agricultural tracts of five acres or larger are exempt it they maintain a 100 foot stnp
around the entire tract The procedures described below shall be used to provide gUidance In the enforcement of the
ordinance,
Step One: Intake Information - When a citizen complaint has been received, either by telephone or through another.
department, regarding a possible violation of the high grass and weed ordinance or when the Code Enforcement Officer
has observed a property where high grass and weeds exists, the information is collected and written on the complaint
intake form A case file is created with the address of the property as the key file tab information If a file already eXists
! for the property, the Code Enforcement Officer will determine if a prevIous Violation has occurred within the past 365 days
, from the date of the complaint If a prevIous Violation has occurred within the past 365 days, then the Code Enforcement
Officer may proceed to Step Five below without giving further notice to the property owner
Step Two: Field Validation - The Code Enforcement Officer will make an on-site field verification inspection of the
property If necessary, and mark the violation intake form to verify the status of the violation, If the property is found to be '
In compliance the Violation intake form is noted and filed In the monthly file and no further action IS required
Step Three: Written Notification - If the property is found to be In Violation, the violation intake form is noted, dated, and
the Code Enforc"'- ,-+ Officer sendee a written offi",:ial notice of the :ode vlol?+;'Jn vi? ~er-tified Ii'?':' t: th:=, r-DDert'.' 0'1"'--
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, placed in the case file along with the green certified mail signature card, If no response is received from the property
owner, posting notice on the property site shall serve as official notification A photograph of the posting notice shall bl
placed In the case file
Step Four: Follow-up Inspection - Upon expiration of the ten day suspense period the Code Enforcement Officer will
conduct another c~-slte Inspection to determine the status of the coaE:- ',-,tlon If the code Violation has been abated, the
VIOlation Intake form is noted, dated, and the file placed In the code violation files and no further action is required
Step Five: Issue Work Order - If the follow-up Inspection reveals that the violation has not been abated, the Code
Enforcement Officer sends a work order to the Coileyvllle PubliC Works Department requesting the property be mowed or
contracts with a private contractor to have the property mowed The work order shall include a map and legal deSCription
of the property A copy of the work order IS placed In the case file If the property is owner-occupied, a CItation IS sent to
the property owner A cltlatlon may be sent for each day the violation continues to exist
Step Six: Issue Invoice - After the the property has been mowed, the Public Works Department generates an Invoice for
the charges against the property and sends It to the Code Enforcement Officer The inVOice shall include the
administrative fee authOrized by the City Council A copy of the invoice is placed in the case file with the original invoice
given to the Engineering ASSistant The Engineering Assistant will gene-::;te a statement and send, via certified mail to
tn~ property owner ana crec:,~ a recelvabie file Tne property owner IS alluNed 30 aays to make payment
Step Seven: Filing of Lien - If the property owner makes payment of the statement, a copy of the receipt is mailed to the
property owner with a copy retained In the receivable file If no pavment is received Within tne 30 da'! periGO the
::: ,;'neer:ng Assls:c:~t pier-ares a sworn scalemen! or COSIS Incurred that IS signee by tne Coae i::nforcement Officer A
copy of the sworn statement of costs IS filed In the Tarrant County deed records,
Reference Chapter 42,31 - Code of Ordinances, City of Colleyville
(=V~",n ~
~~~
Tf"x:a~
COMMUNITY DEVELOPMENT MEMO
date:
memo to:
memo from:
August 29, 2001
Terry Leake, Finance Director
Barry LeBaron, AICP, Community Development Manager
subject:
New - proposed Community Development Fees - ty 2002
The fees reflected on the following pages are all of the fees now collected by the
Departments of Community Development and Building Inspection plus any new
proposed fees, I have separated the two by the administering department.
First is a summary of all the fees with the latest recommended fee with no explanatory
text. Next are the new fees or permits for which the fees have been changed slightly
are explained in the text below each topic,
1M arlve Document Fees - 2002 - full texti
PROPOSED FY 2002 - COMMUNITY DEVELOPMENT & BUILDING INSPECTION FEES
The COMMUNITY DEVELOPMENT DEPARTMENT will administer the followinq fees
Prellmltlary Plat $ 250,00 + 7,50 per lot
Final Plat or Replat 350,00 + 7,50 per lot
Minor Plat 250,00
Amending Plat 150,00
Rezoning Application 500,00
PUD Application 500,00
Amendment to existing PUD 250,00
Tne BUILDING INSPECTION DEPARTMENT will administer the followlnq fees
Water Well Drilling Permit S 50,00
Fence Permit 25,00
Masonry Screening Fence 125,00
Retaining Wall 12500
Monument Sign 75,00
SubdiVIsion Entry Sign 7500
Subdivision Wall Sign 45,00
Wall Sign 45,00
Awning Sign 35,00
Canopy Sign 35,00
Directional Sign 35,00
Banner Sign 35,00
Development Sign 35,00
Seasonal Sales Sign 35,00
Weekend Builder Sign 125,00
Above-ground Pool Permit 5000
In-ground Pool Permit 300,00
New reSidence Plan Review 25000
ReSidential addition and remodel - Plan Review 100,00
Commercial Plan Review Fee 65 %
SWimming Pool Plan Review Fee 25,00
Weed Mowing Administrative Fee 15,00
Weed Mowing Fee, per acre 175,00
Brush Abatement fee
Demolition Fee
SUP Application
SUP Residential Accessory Buildlg
SUP Residential Carport
SUP Alcoholic Beverage Sales
ZBA Variance & Appeal Application
Sign Board Appeal
Tree Mitigation Appeal
Site Plan Application - Review
Landscape Plan Application - Review
Zoning Verification LeIte:
500,00
175,00
175,00
500,00
125,00
125,00
125,00
250,00
250,00
1500
no change
50,00
+ 5,00 per acre
+ 5,00 per acre
(to add, delete or change a
special condition to an existing
PUD ordinance)
+ 5,00 per acre
per year
of building permit fee
actual expenses incurred
Community Development & Building Inspection
Proposed Fees - fy 2002
2
SUMMARY of COMMUNITY DEV. & BLDG. INSPECTION PROPOSED 2002 FEES
The COMMUNITY DEVELOPMENT DEPARTMENT will administer the followinq fees:
(1) Preliminary Plat $ 250,00 + 7,50 per lot
(2) Final Plat or Replat 350,00 + 7,50 per lot
(3) Minor Plat 250,00
(4) Amending Plat 150,00
(5) Rezoning Application 500,00 + 5,00 per acre
(6) PUD Application 500,00 + 5,00 per acre
(7) Amendment to existing PUD 250,00 (to add, delete or
change a special
condition to an eXisting
PUD ordinance)
500,00 + 5,00 per acre
175,00
175,00
500,00
125,00
125,00
125,00
250,00
250,00
15,00
(8) SUP Application
(9) SUP Residential Accessory Buildlg
(10) SUP Residential Carport
(11) SUP Alcoholic Beverage Sales
(12) ZBA Variance & Appeal Application
(13) Sign Board Appeal
(14) Tree Mitigation Appeal
(15) Site Plan Application - ReView
(16) Landscape Plan Application - ReView
(17) Zoning Verification Letter
Community Development & Building Inspection
Proposed Fees - fy 2002
The BUILDING INSPECTION DEPARTMENT will administer the followinq fees
3
(1) Water Well Drilhng Permit
(2) 'Fence Permit
(3) Masonry Screening Fence
(4) Retaining Wall
(5) Monument Sign
(6) Subdivision Entry Sign
(7) Subdivision Wall Sign
(8) Wall Sign
(9) Awning Sign
(10) Canopy Sign
(11) Directional Sign
(12) Banner Sign
(13) Development Sign
(14) Seasonal Sales Sign
(15) Weekend Builder Sign
(16) Above-ground Pool Permit
(17) In-ground Pool Permit
(18) New residence Plan Review
(19) Residential ari''ition and remodel - Plan Review
$ 50,00
25,00
125,00
125,00
75,00
75,00
45,00
45,00
35,00
35,00
35,00
35,00
35,00
35,00
125,00 per year
50,00
300,00
250,00
1 00,00
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25,
(22) Weed Mowing Administrative Fee
(23) Weed Mowing Fee, per acre
(24) Brush Abatement fee
(25) Demolition Fee
15,00
175,00
no change
50,00
actual expenses Incurred
Community Development & Building Inspection
Proposed Fees - fy 2002
4
PROPOSED FEES FOR fy 2002 for
COMMUNITY DEVELOPMENT & BUILDING INSPECTION
Community Development Department will administer the followinq schedule of fees
Type of Fee Current Fee Proposed Fee
Preliminary Plat $ 250.00
The Code of Ordinances requires a fee to
compensate for the staff labor involved in reviewing
the application The per lot fee IS being added due to
the extra staff review time involved as the number of
lots Increases,
Final Plat or Replat 350.00
Like the previous fee, this fee IS needed to
compensate for the staff labor involved In reviewing
the application, but much more intensely since it is a
final plat. The per lot fee is being added due to the
extra staff review time involved as the number of lots
Increases,
Minor Plat 250.00
There is less professional time spent on minor plats,
thus the fee is less, No change is being proposed at
this time,
AmendinQ Plat 150.00
There IS even less staff time spent reviewing
amending plats, since only one or two elements have
been altered for the staff labor involved In reviewing
the application No change IS proposed for this fee
RezoninQ Application 500.00
The Code of Ordinances requires a fee to
compensate for the staff labor Involved in reviewing
the application The fee per acre is restored since
they were omitted last year The per acre charge IS
necessary to offset the additional notification costs for
larger rezoning applications
PUD (Planned Unit Development) Application 500.00
These reviews are more extensive than most and
Justify this larger fee for the staff labor involverl In
reviewing the application, The fee per acr~ is
restored since they were omitted last year
Amendment to ExistinQ PUD 0
This fee is less since amendments do not require the
Intense review and scrutiny of a new PUD
application
$ 250.00 + 7.50 per lot
350.00 + 7.50 per lot
250.00
150.00
500.00 + 5.00 per acre
500.00 + 5.00 per acre
250.00 (to add, delete or
change a special condition
to an eXisting PUD
ordinance)
Community Development & Building Inspection
Proposed Fees - fy 2002
SUP (Special Use Permit) Application 500.00
SUPs are considered the same as zoning for
processing, The fee per acre is restored since they
were omitted from last year's fees
SUP for Residential Accessory BuildinQ Application 500.00
The staff IS recommending a reduction In this
application fee due to the number of complaints
received from citizens regarding the current fee
structure,
SUP for Residential Carport Application 500,00
The staff is recommending a reduction in this
application fee due to the number of complaints
received from citizens regarding the current fee
structure,
SUP for Alcoholic Beveraoe Sales Application 500.00
No changes are being proposed for this fee
ZBA Variance & Appeal Application 125.00
Staff review requires relatively little time and there IS
only one public hearing No fee change IS
recommended
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one public hearing IS required No fee change IS
recommended,
Tree Mitioation Appeal Application 0
This is a new fee, since more staff time IS required to
determine the circumstances of the case and repo1
to a public neanng before the Planning & Zoning
Commission Staff estimates a minimum of three
hours is required to prepare the documentation
Site Plan Application - Review 250.00
All commercial site plans must undergo intensive
scrutiny by all department Involved in the
development process The evaluation of some plans
can be time consuming, and several field inspections
are required dUring and after construction No
increase is recommended
Landscape Plan Application - Review 250.00
All commercial site plans must undergo intensive
scrutiny by departments Involved In the development
process The evaluation of some plans can be time
consuming and several fle!o ,,,SDe:::w:;n~ are reOL;l:ea
dunng and after construction No Increase IS
recommended,
Zonino Verification Letter 0
ThiS is a new fee made necessary because of the
number of requests staff receives Each requires
considerable research to provide the necessary
information,
5
500.00 + 5.00 per acre
175.00
175.00
500.00
125.00
"',.,r ,r
125.00
250,00
250.00
15.00
Community Development & Building Inspection
Proposed Fees - fy 2002
6
The Building .Inspection Department - will administer the following schedule of fees
Water Well DrillinQ $ 50.00
The Code of Ordinances requires a permit to drill private
wells within the corporate limits No change is proposed
for this fee
Fence $ 25.00
A fence permit IS required to construct a fence on private
property or when replacing three or more sections of an
existing fence No change IS proposed for this fee
Masonry ScreeninQ Fence $ 0
This is a new permit fee category, Masonry screening
fences require Engineering and Building Department staff
time (one hour minimum) to complete the plan review and
a minimum of two on-site inspections (two hours
minimum) to verify pier placements and to verify that
drainage problems are not being created by the
screening fence construction,
RetaininQ Wall $ 0
This is a new permit fee category, Retaining walls
require the same amount of time for Engineering
Department plan review (one hour minimum) as masonry
screening fences Retaining walls also require a
minimum of two on-site Inspections by the building
Inspection staff (two hours minimum) to verify foundation
locations and to verify that drainage problems are not
created by the retaining wall
Monument SiQn $ 35.00
ThiS IS a new permit fee category In the past, monument
signs were categorized as permanent signs and charged
the standard $3500 permit fee The monument sign
category IS being created to align with the sign category
described in the sign code, Monument signs require staff
time for reViewing construction plans and checking plat
records for easements and set back requirements (one
hour minimum) Staff time is also required to perform two
on-site inSpections, Two inspections are required for the
foundation location and for a final (one hour minimum)
Subdivision Entry SiQn $ 35.00
This IS a new permit fee category A subdiviSion entry
sign, according to the sign code, is a monument sign
located at the entrance to a subdiviSion, In the past
subdiVISion entry signs were categorized as permanent
signs and were charged the standard $35,00 permit fee
The subdiVISion entry sign category IS being created to
align with the sign category described In the sign code
SubdiviSion entry signs require staff time for reviewing
construction plans and checking plat records for
easements and set back requirements (one hour
minimum) When they are located within a right-of-way, a
Joint use agreement approved by the City Council is
required Additional staff time is required to perform two
$ 50.00
$ 25.00
$ 125.00
$ 125.00
$ 75.00
$ 75.00
Community Development & Building Inspection
Proposed Fees - fy 2002
on-site inspections Twovinspectlons are required for the
foundation location and for a final (one hour minimum)
Subdivision Wall Si~n $ 35.00
This is a new permit fee category A subdivision wall sign
IS a sign attached to or a part of a subdivision perimeter
screening fence This signs in the past have been
permitted as permanent signs The subdivision entry
sign category is being created to align with the same
categories that are in the sign code The fee is being
slightly increased to cover the extra costs for performing
on-site inspections (one hour minimum) The number of
subdivision entry signs allowed per subdivision is limited
by the sign code, which requires additional plan review
time to conduct on-site visual reviews of existing
conditions prior to approving the permit application
Wall Si~n $ 35.00
Permits are required for Wall Signs In the past these
signs were permitted as permanent signs This new sign
category is being created to align with the categories
contained in the sign code, No change to the permit fee
is proposed
Awninq Si~n $ 35.00
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permit category IS being changed to align with the No
change is proposed for this sign category, however, the
name is being changed fromWall Signs In the past
these signs
Canopy Si~n $ 35.00
Permits are reqUired for each Canopy Sign In the past
these signs were permitted as permanent signs The
permit category IS being changed to align with the
category listed In the sign code No Increase IS being
proposed for this sign category
Directional Si~n $ 35.00
Permits are reqUired for each Directional Sign, In the
past these signs were permitted as permanent signs,
The permit category IS being changed to align with the
category listed in the sign code, No increase IS being
proposed at this time,
Banner SiQn $ 35.00
Permits are required for each Banner Sign, In the past,
these signs were permitted as temoorarv signs The
pe"ml: category IS being cnangea to align Wltn the
categones In the sign code, No change IS proposed for
thiS sign fee
Development SiQn $ 35.00
Permits are required when a developer wants to promote
a pending new development In the past these have
been permitted as temporary signs The permit category
is being changed to align with the sign code No fee
change is proposed for thiS sign category
7
$ 45.00
$ 45.00
$ 35.00
$ 35.00
$ 35.00
$ 35.00
$ 35,00
Community Development & Building Inspection
Proposed Fees - fy 2002
Seasonal Sales Sian $ 35.00
This IS a new permit category In the pas,t these have
permitted as temporary signs The name change will
align with the specific sign category listed In the Sign
code No fee increase is proposed at thiS time
Weekend Builder Si~,"s $ 50.00
The name of thiS temporary sign permit IS being changed
from "subdivision directional sign permit to Weekend
BUilder Sign to more accurately descnbe the nature of the
sign activity, The City of Colleyville requires an annual
permit for builders to place temporary signs withm the city
street nght-of-way to promote a develoment located in
Colleyville The annual permit allows builders to place a
number of signs throughout the city, provided that they
meet the spacmg requirements Signs are posted from
Fridays till noon on Mondays Weekend builder signs
require an annual notification letter (one hour) to each
bUilder remmding them to re-apply for their annual permit
Staff routmely inspects rights-of-way (two hours) to verify
that each builder has a valid annual permit Staff IS
recommendmg an mcrease for this sign permit category
to offset the number of mspectlons required to monitor
thiS type of sign
Swimmin~ Pool (Above-around) (permit based on est canst value)
Currently, sWlmmmg pool permits are based on the
estimated construction value Since there IS no standard
table of pool construction costs available to compare with
the contractor provided construction estimates, staff IS
not able to mamtam consistency of pool permit costs from
one pool permit to another Swimming pool permits
require Engmeenng and Building Department staff time
(one hour) to complete the plan review. check plat
records for easements and set back requirements
SWimming pools also have State mandated fencing
requirements that involve on-site inspections by the
build mg mspection department (one-half hour) Staff IS
recommendmg a flat rate fee for above-ground pools
Swimmin~ Pool (In-~round) (permit based on est canst Value)
In-ground pool permits are based on the estimated
construction cost value proVided by the pool builder, and
like above-ground pools, there are no standardized pool
construction cost tables available Staff IS not able to
malntam consistency from one pool permit cost to
another In-ground pools require BUlldlngmg Department
plan review (one hour minimum) In-ground swimmmg
pools require a number of on-site inspections (three hour
mmlmum total all mspectlons) mcludmg a steel
Inspection electncal groundmg mspectlon and various
plumbing related mspections Additionally, In-ground
SWimming pools have State mandated fencing
requirements that involve on-site inspections by the
building inspection department to verify child safety
Issues, Staff is recommending a flat rate fee for in-
ground pools
8
$ 35.00
$ 125.00
$ 50.00
$ 300.00
Community Development & Building Inspection
Proposed Fees - fy 2002
9
Residential (New Construction) - Plan Review Fee $50.00
Currently, the plan review fee for a new residential
building permit is $50,00, However. the amount of staff
time (three hour minimum) required to check subdivision
plats for easements and set backs, check for zoning
compliance, research any speCial PUD requirements
warrants an increase in this fee The Uniform Building
Code recommends plan review fees be set at 65% of the
building permit fee, However, staff is recommending a
flat fee of $250,00 to offset the amount of staff time
reqUIred for this service
Residential (Additions and remodels) - Plan Review Fee $ 0
At the present time, there are no plan review fees for
reSidential additions or residential remodels Staff
routinely has to spend time checking subdiVISion plats for
easements and set backs. zoning compliance, and
researching any speical PUD requirements, The Uniform
Building Code recommends plan review fees for this
service be set at 65% of the bUilding permit fee
However. staff IS recommending a flat fee of $100 00
$ 250.00
$ 100.00
Commercial - Plan Review Fee (65% of buildinQ permit fee) (no chanQe)
Plan review fees are separate from building permit fees,
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establlsned several years ago ana :c, .:::onsistent With the
recommended fee listed in the Unirorm Building Code
and with surrounding communities No changes to this
fee are proposed at this time
SwimminQ Pool - Plan Review Fee $ 0
A: ,ne present time, ,here IS no plan review fee for a
swimming pool permit In-ground SWimming pools
reqUIre Build:nging Department staff time (one hour) to
complete the plan review check plat records for
easements and set back requirements The Uniform
Building Code recommends plan review fees be set at
65% of the building permit fee However, staff IS
recommending a flat fee of $2500
Home Inspection Fee $ 35.00
This fee category is being deleted The City of Colleyville
does not provide home inspection services, except with a
valid building Dermit. which Includes the costs of all
relatea inspections
$ 25.00
Delete
Weed Mowina Administrative Fee $ 15.00
This fee IS added to weed lots mOVie::!:; 'he City as ar,
aamlnlstra" ,:; iee as set Gut In the hlgn grass ana weed
ordinance No change is being proposed at this time,
15.00
Weed MowinQ Fee, per acre, but in no case less than $100 $ 175.00
ThiS fee is the "per acre" charge assessed to properties
that are In violation of the high grass and weed ordinance
after it has been mowed by the City No fee change is
being proposed at this time
175.00
Community Development & Building Inspection
Proposed Fees - fy 2002
Brush Abatement Fee (actual expenses incurred, not to exceed
the estimated value of the effected property)
This fee is to recover the costs of cleaning up brush and
debris on property in violation of the nuisance
ordianance, No fee change is proposed at the present
time
Demolition Fee $ 50.00
This process requires a permit since site Inspections are
necessary to make certain that all codes are followed
during and after the task is completed, No fee change is
proposed at the present time,
10
(no chanQe)
50,00
MEMORANDUM
FROM:
Terry Leake, Finance Director
Cynthia Singleton, City Secretary ~ ~
August 25, 2001 '
TO:
DATE:
SUBJECT:
Miscellaneous Fee Ordinance Update
The fees for copies of public documents, including cassette tapes and videos, are set by the
General Services Commission, (See attached fee schedule), Upon reviewing the schedule,
I have determined that the following changes should made to the City Miscellaneous Fee
Ordinance,
Off-site records reauest research. per hour"
$20 00
S~-~',:;U!C: De :-;?lge._ .:o~
Recoras requesl reSE;arcn, rJer nour,....
$15,00
Copies:
First page"",
should be changed to:
Caples
Per page.. ..,
$0.25
$0,10
Please add the following:
The fee for cassette or video copies of City Council meetings
or City Council Worksession meetings will be based upon the
cost of producing these materials,
INTER
OFFICE
MEMO
To:
Terry Leake, Finance Director
From:
Subject:
Date:
Un Przybyl, Community Center Manager
Revisions - Miscellaneous Fee Ordinance Update
August 24, 2001
The following revisions were noted upon review.
1, CD2:9 - delete Video conferences, per hour...200.00
C02: 1 0 - delete Video conferences, per hour.. ..200.00
The Community Center has never offered video conferencing although it
was a consideration in the early planning stages.
ORDINANCE 0-01-1303
AN ORDINANCE AMENDING ORDINANCE 0-92-880 SETTING FEES ANLJ
CHARGES FOR CITY SERVICES, ESTABLISHING SECTIONS OF THE CITY OF
COLLEYVILLE CODE OF ORDINANCES, TO BECOME EFFECTIVE OCTOBER 1,
2001.
WHEREAS, the City of Colleyville charges fees for miscellaneous services and
materials as authorized by Ordinance 0-92-880 and it is desirous to
update and add to those fees,
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1,
THAT Section 2-26 entitled "Fees and charges for city services" of
Chapter 2 of the Code of Ordinances of the City of Colleyville, Texas,
paragraph (b) is hereby amended in its entirety to read as follows:
(b) The following schedule of fees shall be' administered by the
Planning and Zoning Department:
?reillo'dnar'y ;':"Ia:
Final Plat or Replat
Minor Plat
Amending Plat
Rezoning Application
PUD Application
Amendment to existing PUD to add,
delete or change a special condition
to an existing PUD ordinance 250.00
SUP Application 500,00
SUP Residential Accessory Buildig 175.00
SUP Residential Carport 175.00
SUP Alcoholic Beverage Sales 500,00
ZBA Variance & Appeal Application 125.00
Sign Board Aooeal 125.00
Tree Mitigation Appeal 125.00
Site Plan Application - Review 250,00
Landscape Plan
Application - Review
250,00
350.00
250.00
150.00
500.00
500,00
~ ~ v per iOl
+ 7.50 per lot
+ 5.00 per acre
+ 5,00 per acre
+ 5,00 per acre
250.00
Ordinance 0-01-1303
Page 2 of 5
Sec. 2. THAT Section 2-26 entitled "Fees and charges for city services" of Chapter 2
of the Code of Ordinances of the City of Colleyville, Texas, paragraph (g) is
hereby amended in its entirety to read as follows:
(g) The following schedule of fees shall be administered by the
Building Inspection Department:
Water Well Drilling Permit
Fence Permit
Masonry Screening Fence
Retaining Wall
Monument Sign
Subdivision Entry Sign
Subdivision Wall Sign
Wall Sign
Awning Sign
Canopy Sign
Directional Sign
Banner Sign
Development Sign
Seasonal Sales Sign
Weekend Builder Sign
Above-ground Pool Permit
In-ground Pool Permit
New residence Plan Review
Residential addition and
remodel - Plan Review
Commercial Plan Review Fee
Swimming Pool Plan Review Fee
Weed Mowing Administrative Fee
Weed Mowing Fee, per acre
Brush Abatement fee
Demolition Fee
50.00
25.00
125.00
125.00
75.00
75,00
45.00
45.00
35.00
35.00
35.00
35.00
35.00
35.00
125.00 per year
50.00
300.00
250.00
100,00
65 % of building permit fee
25.00
120.00
175.00
actual expenses incurred
50.00
Sec. 3.
See, 4,
Sec. 5.
Sec, 6,
Ordinance 0-01-13C
Page 3 of b
THAT Section 18-28 entitled "Building permit and inspection fees" of
Chapter 18 of the Code of Ordinances of the City of Colleyville, Texas,
paragraph (c), entitled "Other inspections and fees" is hereby amended in
its entirety and re-titled to read as follows:
(c) Calculating construction values. The construction values used for
calculating permit fees shall not be less than the most recent Building
Valuation Data published by the International Conference of Building
Officials. Said permit fees shall be adjusted on an annual basis for permit
applications received on or after the 1 sl day of June using the most recent
edition of the Building Valuation Data. The regional modifier of 0.93 shall
be applied to the Building Valuation Data used for calculating construction
values,
THAT Section 18-28 entitled "Buildina permit and inspection fees" of
, .a:'~'. '~~'.:'; tr1f:- .._ ~)::=.:.,;
/,1,.-".
"'I.;
',- -'i'::
~ X2.-,
....,.-..,.-.--.-.
~.) I:::: ;._.
paragrapn (OJ entitoeo "Plan review fee; IS nereoy amenaeo In Its enmelY
to read as follows:
(d) Plan review fee, When a plan or other data are required to be
submitted by the building code, a plan review fee shall be paid at the time
of submitting plans and specifications for review, The plan review fees
specified in this subsection are separate fees and are in addition to the
permit fees. No additional plan review fee shall be charged where plans
are incomplete or for reviewing a construction plan that has been
previously reviewed and re-submitted with corrections. Where
construction plans are changed to a new proposal or where a third plan
review is necessary, an additional plan review fee is required, Said plan
review fee shall be in accordance in accordance with Section 2-26, Fees
and charges for city services,
THAT Section 18 of the Code of Ordinances of the City of Colleyville,
Texas, shall remain in full force and effect, except where amended by this
ordinance,
THAT from and after the effective date of this Ordinance, Chapter 2
Section 2-26 (e) of the City of Colleyville Code of Ordinances shall be
revised with the following revisions:
Off-site request research, per hour
Records request research, per hour
20,00 changed to
15.00
Sec. 7,
Sec. 8,
Sec, 9.
Sec, 10,
Sec. 10,
Ordinance 0-01-1303
Page 4 of 5
THAT from and after the effective date of this Ordinance. Chapter 2
Section 2-26 (f) of the City of Colleyville Code of Ordinances shall be
revised with the following revisions:
Broken/damaged/cut lock or tie 25.00
THAT from and after the effective date of this Ordinance, Chapter 2
Section 2-26 (h) of the City of Colleyville Code of Ordinances shall be
revised with the following revisions:
The following schedule of fees shall be administered by the Parks and
Recreation Manager:
THAT from and after the effective date of this Ordinance, Chapter 2
Section 2-26 (i) of the City of Colleyville Code of Ordinances shall be
revised with the following revisions and addition:
Copies: first page
Copies: per page
.25
.10
changed to
addition - The fee for cassette or video copies fo City Council meetings or
City Council Worksession meetings will be based upon the cost of
producing these materials
THAT from and after the effective date of this Ordinance, Chapter 2
Section 2-26 (i) of the City of Colleyville Code of Ordinances shall be
revised with the following deletions in all fee structure areas:
Video conferences, per hO:.Jr
200.00
THAT the effective date of this ordinance shall be October 1, 2001.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
of ,2001,
day
The second reading and public hearing being conducted on the
of , 2001.
day
ATTEST:
Cynthia Singleton, TRMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
Ordinance 0-01-130
Page 5 of 5
CITY OF COLLEYVILLE:
Donna Arp
Mayor
CITY COUNCIL
C"\" fl/
~
(7\7,.....lf...,.~~.nii=
,::~j/A.IJC Ltf_-.d
Tn"' AGENDA BRIEFING
For mt . : .
Item # :
09/11/01
CMO Approval: I
12
Ordinance # :
0-01-1304
Previous Action: 09/04/01
DEPT.: I
FINANCE
SUBJECT: I
I Adopting a water and sewer rate increase
Second Reading and Public Hearing
First Reading and Public Hearing
Backqround
As a part of the construction on Colleyville Boulevard, water and sewer lines will need to
be relocated before road construction can begin. In the next few months, the City will be
selling Phase I bonds in the amount of $2,000,000 to begin engineering and other pre-
construction work, An additional sale of $2,500,000 is proposed in FY 2003 for the
balance of the construction work. It is projected the average annual debt service
payment will be approximately $162,500, In order to repay the debt service on this
issue, a water rate increase of $.10 per 1,000 gallons and a sewer rate increase of $.06
per 1,000 gallons is needed (Exhibit A - Five Year Projection of Utility Fund Expenses /
Coverage FY 2001-2006), The necessity for the rate increase due to the bond sale was
discussed in the Interim City Manager's FY 2002 budget message to Council. Also,
( continued)
,~ G---
CITY MANAGER
(x&t~-'
DEPART D
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ord inance 0-01-1304
Page 2 of 2
there was information about the proposed increase in the FY 2002 Utility Fund revenue
projections. The proposed rate increase would be effective on October 1 st and would
be included on the bills the customers receive in November 2001, An average
customer's monthly bill would increase by $2.11, Attached is a rate comparison of the
surrounding area cities, The proposed rate increase would not exceed the average
rates of the surrounding cities.
Recommendation
Approval
Attachments
. Exhibit A - Five Year Projection of Utility Fund Expenses / Coverage FY 2001-2006
(paper copy only)
. Exhibit B - Water Rate Comoarison of Surrounding Cities (paoer cooy only)
Ii! =y-~' j': =. - ~~~v\ier KG. '_;:J;;!==-;:~;:;:J~~:'-
-ouri: ..~: C,'~:!.:::; '~2pe.'" c>:;:~. :'"l:-\!\
. Oro,.-,ance G-J'j -'1304
FIVE YEAR PROJECTION OF UTILITY FUND EXPENSESICOVERAGE FY 2001 ,FY 2006
ASSUMPTIONS
220 NEW WA TERiSEWER CUSTOMERS ANNUALLY
AVERAGE ANNUAL WATER CUSTOMERS
AMOUNT DERIVED FROM MINIMUM Bll:..
AMOUNT DERIVED FROM VOLUME CHARGE
AVERAGE MONTHL Y USAGE
AVERAGE ANNUAL SEWER CUSTOMERS
AMOUNT DERIVED FROM MINIMUM BILL
AMOUNT DERIVED FROM VOLUME CHARGE
AVERAGE MQNTHL Y USAGE
OPERATING REVENUE
WATER SALES
INCREASE WATER VOLUME CHARGE
SEWER CHARGES
INCREASE SEWER VOLUME CHARGE
WA TER INST ALLA TlON
SEWER INSTALLATION
ENGINEERING AND DEVELOPMENT
PENA;' TY
SEWER TIE ON REVENUE
Mise RE'/ENUE
TC~...L OPERATING REVENUE
OPERATING EXPENSES
ADMINISTRA lION
B:LLlNG
OPERA TIONS
TRA WATER
TR':" SE'J\i=~
OPERATING TRANSFER
TOTAL OPERATING EXPENSES
OPERA lING INCOME
PLUS NON-OPERATING REVENUE (INT INC\
NET INCOME
2000-01
1,063152
4122.903
688241
979543
5,186055
1.667 784
61600
22 000
35000
154,211
30750
8.200
716560e
157997
145.368
1,556491
2646,300
868586
513279
5888021
1.277 579
300.00C
1577 579
CALCJLATIOf\ OF AMOUNT AVAILABLE FOR DEBT COVERAGE
ANNUAL DEBT SERVICE
1975 SERIES
1975-A SERIES
1ge1 SERIES
1969 SERIES
1994 SERIES
1995 SERIES
'998 SERIES
P~OPOSED 2002 & 2003 BOND ISSUES
ANNUAL DEBT SERVICE
AMOUNT AVAILABLE FOR DEBT COVERAGE
AMOUNT NEEDED FOR COVERAGE RATiO
TARGET COVERAGE RATIO
ACTUAL COVERAGE RATIO
122.000
14550
90.250
227,062
41<4931
220642
'089435
, .577 579
1.307 322
200'-02
7.383
1.094.832
4.245758
18.800
6669
712493
957723
9,200
5340,590
153.276
1670,216
35790
61,600
22 OOC
35,000
156838
20 000
825:
7 SOSSE'
176219
183.28i
1.617,900
2.727741
8930:'5
4)1 119
6.029.291
1476.269
400,000
'876269
124000
15.250
87,750
226.610
419165
219060
162500
1254335
1876 269
1505.202
150
145
RATE INCREASES NEEDE::> TO FUND COLLEYVILLE BLVD UTILITY RELOCATIONS
FY 2002 FY 2003
WATER INCREASE SO 10 $0 14
SEWER INCREASE
so 06
$006
2002,03
7603
1.126.512
4368614
18600
6904
735.197
1 046.37J
8600
5495.126
378.508
1761.570
73 862
61,600
22,000
35.000
163603
20.00C
8,250
8.039518
181,506
188 786
1,666437
2905 151
929084
431.99::'
6 302 955
1.736.563
500,000
2236563
t20750
14.900
85.250
225.808
422445
217141
365625
1451919
2 236 563
1 742.303
'50
150
2003-04
7623
1 15819::'
4491469
16.800
7124
1 07868~
9200
5649661
389153
1836588
76143
6160C
35000
168511
20 000
8.2669C..
186.951
194449
171643C
29858se
95- 77:;
463744
6506199
1760705
408 000
216070:
122500
14 550
827%
219762
42955:
21: 51t
36562S
1450358
216070:
1 740430
150
154
2004-05
8,043
, 18987::'
4614324
1880C
7.344
757901
1 111 DOC
920C
22 oeD
5604 196
39979-:'
1891605
78424
6160C
22.000
35000
173 566
20 000
830e
3:'5C
8494488
192559
200.283
1767923
3068549
985467
477093
6692 873
1801.614
350 DOC
215161..
124,000
15250
80250
223348
43C 755
2'4994
365625
, 454222
2151614
1745,066
150
, 49
EXHIBIT A
2005-06
8.263
8.483
, ,221,552
4737179
18BOO
16800
7564
7784
780605
803 309
1 143314
9200
9200
5,958731
410441
, ,946 623
80 705
61600
22.000
35000
17B 773
4.500
6300
5706673
198 336
206 291
1.820,961
3150.248
1015158
490441
6881436
'.825237
350000
2175237
124,000
15.250
80.250
223348
430755
214994
365,625
1454,222
2 175237
1 745066
150
146
150
150
WATER RATE COMPARISON OF SURROUNDING CITIES
EXHIB'T E
CT"
MINIMUM
BILL
# OF GALLONS
IN MINIMUM
BILL FOR
2000 GALS
RATE PER
1000 GALS
CIJSTOMER
BILL
10,000 GALS
CUSTOMER
BILL
15 000 GALS
CUSTO~
Bll"
20.00:: GALS
BEDFORD $10.20 0 $1434 $20' $30 90 $41 25 $516C
EULESS $700 0 $1168 $234 $30 40 $4210 $53 se
GRAPEVINE $915 2,000 $915 $257 $29 27 $40 56 $5281
HURST $875 2000 $875 $352 $3691 $5451 $72: :
KELLER - $1977 2000 $1977 $271 $4139 $5565 $6985
NORTH RICH LAND HillS $900 0 $1556 $32S $4180 $5820 $7468
SOI~Ti-'LAKE $2616 2,000 $2616 $300 $5016 $65 16 $80 1"
COLLEYVILLE CURRENT
$1200
2000
$1200
$277
$34 16
$4801
$6189
\/ARIA~'JCE IN RATES
($086',
85~
($306'
($001)
($310)
($3051
($31.')
COLLEYVILLE PROPOSED
$1200
2000
$1200
$287
$34 96
$4931
$63 66
V,6,P:;'J~:=E :fJ R.ATES
($086)
85'
($3061
$009
($230)
($1 75)
($133)
- ~,ELLERS WATER RATE IS $2 71 FOR 2,000 TO :0000 G,A_LONS $284 Foe 10.001 TO 25.000 GALLONS
A'iJ $329 FOR 25000 TO 40,008 AND $346 "ORALL 'JSAGE ABOVE 40.000 GALLONS
SEWER RATE COMPARISON OF SURROUNDING CITIES
EXHlt~r C
CIT'
MINIMUM
# OF GAL.S
Bi_L FOP
RATE PEP
\VI ~~TEF
CUSTOMER
BIL.L
IN MINIMUM
BILL
2000 GALS
1000 GALS
AVERAGE
BILL
BILLED
10000 GALS
BEDFORD $446 0 $658 $106 $' ~ r-;:
":'....r v....
EULESS $520 C $798 $1 39 ~ $' a' r,
.:.~, .1 ""-
GRAPEVINE $731 2.000 $731 $305 $303'
HURST $634 0 $1038 $202 <t~ - ".
....L'::: :)4-
KELLER $11 56 2000 $11 56 $206 $28 04
r~ RICHLAND HILLS $722 0 $1026 $1 52 $22 42
SOUTHLAK::: $950 2000 $950 $1. 92 N $24 86
,~,'E~,~,GE
$7;37
857
$908
$186
y
$23 77
COLLEYVI LLE CURRENT
$850
2000
$860
$1 70
y
$2220
\/AF"t.N,=::: i'~ P,tTES
$1 23
1 143
($0 48)
($0 16)
($1 57)
COLLEYVILLE PROPOSED
$860
2,000
$860
$1 76
)
$2258
V;'FM~C::: 1~1 RATES
$1 23
1 143
($048)
($0 1 Q)
($109)
ORDINANCE 0-01-1304
AN ORDINANCE AMENDING SECTIONS 3A AND 3B OF THE WATER AND SEWER
POLICY AND PROCEDURE MANUAL OF THE CITY OF COLLEYVILLE BY
INCREASING WATER RATES; BY INCREASING SEWER RATES AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Colleyville sold Series 1996 Water and Sewer Revenue bonds in
March 1996 which provided proceeds of $2,500,000 for a high plane water
tower, sewer extensions and water and sewer system improvements and the
debt service on these bonds will be repaid from the revenues from sale of
treated water and the treatment of wastewater; and
WHEREAS, the City Council desires to implement water and sewer rates which will
provide for a financially viable Utility Fund,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS
Se:,
.-'\.' 0~~ '::IC .; c: ~-,s J"io':e-: anc ~~. ;::;".,'ie- F,.....:~::\.: c:_-";~ P!'*::;::'2': -e rV~a~Ucl c.;
the City of COlleyville, Texas, which IS "Appendix A" to Chapter 11 of the
Colleyville Code be amended to read as follows:
Water Rates for In-City Customers:
All usage over 2,000 gallons..,..,..., ,$2.87 per 1.000 gallons
Water Rates for Out-of-City Customers:
All usage over 2.000 gallons.,..,.......$2.87 per 1,000 gallons
Sec.2
THAT Section 38 (2) and (3) of the Water and Sewer Policies and Procedure
Manual for the City of Colleyville, Texas which is "Appendix A" to Chapter 11
of the Colleyville Code be amended to read as follows:
(2) A monthly volume charge shall be also charged to all customers
in the amount of $1,76 per 1,000 gallons of water used over and
above 2,000 gallons mimmum wastewater produced, as more
specifically set forth hereinafter. The volume charge for residential
charge customers will be based upon the individual customer's
average monthly water use auring the preceding winter quarter
months of December, January, and February, without limitation. Said
average monthly water use shall be averaged to the nearest 1,000
gallons (breaking point being 500), The volumes used to compute
these charges are based upon the amount of water used by the
residential class customer as measured by the water meter. Where
no preceding winter quarter average is available from records, a
Ordinance 0-01-1304
Page 2 of 2
volume of 7,000 gallons shall be used for this volume charge,
(3) The monthly service charge shall also be charged to all customers
in the amount of $8,60 per unit for multi-family resident occupancy, A
volume charge shall also be charged to all multi-family residences per
unit in the amount of $1.76 per 1,000 gallons of water used. or
wastewater produced, computed upon the same basis as set out in
subsection B.2 hereof.
SecA
THAT the effective date for this ordinance shall be October 1, 2001.
AND SO IT IS ORDERED
The first reading and public hearing being conducted on the
September, 2001.
day of
The second reading and public hearing being conducted on the
September, 2001.
day of
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
~~~
~' v \,i;i
"CITY COUNCIL Tw; AGENDA BRIEFING
For mtg. : 09/11/01 CMO Approval: I
Item #: I
13
Ordinance # : I
0-01-1305 i
DEPT. :
CITY MANAGER'S OFFICE
SUBJECT:
Approval of Texas Municipal Retirement System
(TMRS) Updated Service Credit and Annuity
Increase
Previous Action: 09/04/01
Second Reading and Public Hearing
First Reading and Public Hearing
Backqround
Each year cities of the Texas Municipal Retirement System (TMRS) have the
opportunity to adopt the Updated Service Credit and Annuity Increase. This adoption
protects employee member's retirement benefits from the effects of inflation by
providing a credit deposit. For a retiree, the annuity increase is equivalent to a cost of
living increase.
Although the seven surrounding cities of Grapevine. Keller, Hurst, Euless. Bedford.
Southlake and North Richland Hills have continued to adopt the Updated Service Credit
and Annuity Increase, the City of Colleyville has not adopted the Updated Service Credit
and Annuity increase since 1987. This is an important employee benefit and is
essential in continuing to achieve the City's goal to continue to be an "Employer of
Choice",
(continued)
~C--
CITY MA~EB
1i;1 ~
Lh& y~jY<---
DEPA~ENT H AD
CIA REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1305
Page 2 of 2
Financial Impact
The Updated Service Credit and Annuity Increase, if adopted, would become effective
January 1, 2002. This will change the City's TMRS contribution from 10.51 % to
11.52%, which reflects a difference of 1.01 %. This change will increase the City's
TMRS contribution by approximately $67,907.
General Fund
$60,181
Drainaqe Fund
$908
Utility Fund
$6,819
Recommendation
Approval
A,tt8chments
. Ordinance 0-01-1305
ORDINANCE 0-01-1305
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING
THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS"
IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF
SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF
COLLEYVILLE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE
ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF
THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS.
WHEREAS, The City of Colleyville has determined to provide the Updated Service
Credit and Annuity Increase to its employees and retirees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT authorization of Updated Service Credit on th,e terms and conditions
set out in Sections 853.401 through 853.403 of Subtitle G of Title 8,
Government Code, as amended (hereinafter referred to as the "TMRS
ACT"), each member of the Texas Municipal Retirement System
(hereinafter referred to as the "System") who has current service credit or
prior service credit in the System in force and effect on the 1 st day of
January of the calendar year preceding such allowance, by reason of
service in the employment of the City, and on such date has at least 36
months of credited service with the System, shall be and is hereby allowed
"Updated Service Credit" (as that term is defined in subsection (d) of
Section 853.402 of said title) in an amount that is 100% of the "base
Updated Service Credit" of the member (calculated as provided in
subsection (c) of Section 853.402 of said title). The Updated Service
Credit hereby allowed shall replace any Updated Service Credit, prior
service credit, special prior service credit, or antecedent service credit
previously authorized for part of the same service.
(a) On the terms and conditions set out in Section 853.601 of said title,
any member of the System who is eligible for Updated Service
Credits on the basis of service with this City, and who has
unforfeited credit for prior service andlor current service with
another participating municipality or municipalities by reason of
previous service, and was a contributing member on 1 st day of
January of the calendar year preceding such allowance, shall be
credited with Updated Service Credits pursuant to, calculated in
Sec. 2
Ordinance 0-01-1305
Page 2 of 3
accordance with, and subject to adjustment as set forth In said
853.601.
(b) In accordance with the provIsions of subsection (d) of Section
853.401 of said title, the deposits required to be made to the
System by employees of the several participating departments on
account of current service shall be calculated from and after the
date aforesaid on the full amount of such person's earnings as an
employee of the City.
THAT increase in retirement annuities on terms and conditions set out in
Section 854.203 of Subtitle G of Title 8, Government Code, as amended,
the City hereby elects to allow and to provide for payment of the increases
below stated in monthly benefits payable by the System to retired
employees and to beneficiaries of deceased employees of this City under
current service annuities and prior service annuities arising from service
by such emplovees to this City. An annuity increased under this Section
rge!<,".::-. :,~ ;?il' ' -~rILJI:. :Jr :~':~reas Jnnuity pk ,:JUS;> C: -anted to the same
person.
(a) The amount of annuity increase under this Section is computed a~
the sum of the prior and current service annuities on the effective
date of retirement of the person on whose service the annuities are
based, multiplied by 70% of the percentage change in Consumer
Price Index for All Urban Consumers, from December of the year
immediately preceding the effective date of the person's retirement
to the December that is 13 months before the effective date of this
ordinance.
(b) An increase in an annuity that was reduced because of an option
selection is reducible in the same proportion and in the same
manner that the original annuity was reduced.
(c) If a computation hereunder does not result in an increase in (the
amount of an annuity), the amount of the annuity will not be
changed hereby.
(d) The amount by wnich an Increase under this Section exceeds all
previously granted increases to an annuitant is an obligation of this
City and of its account in the municipality accumulation fund of the
System.
Ordinance 0-01-1305
Page 3 of 3
Sec. 3.
THAT effective date subject to approval by the Board of Trustees of Texas
Municipal Retirement System, the updated service credits and increases
in retirement annuities granted hereby shall be and become effective on
the 1 st day of January 2002.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2001.
day of
The second reading and public hearing being conducted on the
,2001.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
CITY COUNCIL
C it ~ or
,t(Y~n=
\~~.-'
r.,o; AGENDA BRIEFING
For mtg. : 09/11/01 CMO Approval:
I Item # :
14
Ordinance # :
0-01-1306
Previous Action:
DEPT. : I
ENGINEERING
i SUBJECT:
Approval of a City Developer Agreement with I.C,I.
Development L.L.C., for Clairmont Addition -
Phase I
First Reading and Public Hearing
Backoround
The final plat of Clairmont Addition was approved by Resolution R-01-1765, on March 6,
2001, Public improvements associated with this development are currently underway,
Staff has reviewed the subject agreement with I.C.1. Development, L.L.C. and finds it to
be consistent with developmental policies and ordinances, All items in this agreement
are standard, with the exception of item 5, which states that the City agrees to pay the
Developer the sum of $3,759 for fifty percent (50%) of the total oversizing cost utility
improvements performed in Clairmont Addition between an 8-inch waterline and the 10-
inch waterline installed along McDonwell School Road,
(continued)
~
Cr;J'IJfJ;6L
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1306
Page 2
Financial Impact
Funding for the oversizing to the 10-inch waterline will be made available from Water
Impact Fees,
Recom mendation
Approval of Ordinance 0-01-1306
Attachments
· City/Developer Agreement
· Site location map (paper copy only)
· Resolution R-01-1765 (paper copy only)
. Ordina.....::eO-01-1306
CITY OF COLLEYVILLE
CITY - DEVELOPER AGREEMENT
CLAIRMONT ADDITION PHASE - 1
ST A TE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That I.C.I. Development. L.L.c., a Limited Partnership organized under the hereinafter called
"Owner/Developer", and the City of Colleyville, Tarrant County, Texas. hereinafter called
"City", enter into the following agreement ("The Agreement").
In consideration of the mutual covenants herein contained and for developing lots in Clainnont.
an Addition to the City of Colleyville, as filed of record in Cabinet _' Slide Number_ of
the Plat Records of Tarrant County, Texas, the parties hereto do agree:
I. The Owner/Developer will provide a complete service connection at each lot. including
tap, service line, curb stop and tap for sewer. The charge for the right to connect to the
system shall be in accordance with the City's current water and sewer tap fees, Fees will
be charged and paid at the time building penn its are issued.
J The Owner/Developer will contract for street, drainage, water and sewer requirements
with reputable contractors. All contract documents shall be prepared under the
supervision and bear the seal of the Registered Professional Engineer who shall be
licensed in the State of Texas. Before acceptance of the public improvements by the City,
the contractor or contractors will furnish a two year maintenance bond or place funds in
escrow with the City for two years, such bond or escrow to be in the amount often percent
(10%) of the construction cost of all public improvements.
3, The Owner/Developer agrees to pay the City for plan review and inspection fees for the
water, sanitary sewer, drainage, and paving improvements in accordance with the current
ordinance requirements, prior to the acceptance of public facilities.
4, The Owner/Developer will furnish and install all street name signs, stop signs, or any
other traffic control signs in accordance with the current ordinance requirements.
5, City agrees to pay the Owner/Developer the sum of $3,759.00 for fifty percent (50%) of
the total oversizing cost utility improvements performed in the Clairmont Addition
between an 8-inch waterline and the 10-inch waterline installed along McDonwell School
Road as shown on the City approved construction plans titled, "Clairmont Addition,
PHASE - I" Prepared by Warren Hagen & Associates. (See Exhibit "A")
6, Developer agrees to pay the City the sum of $100.359.48, for escrowing perimeter street
fees for McDonwell School Road. (See Exhibit "B")
-:. There are no credits against the se\ver impact fee.. \vhich is $156.00 per Jot for a ] -inch
meter (fee dependent on meter size).
8, There are no credits against the water impact fee, which is $2,936.00 per lot for a I-inch
meter (fee dependent on meter size).
9. There are no credits against the roadway impact fee, which is $1,589.00 per lot for single
family uses.
10, The Owner/Developer agrees to pay the City for all parkland dedication fees in accordance
with the current ordinance requirements $ 66,674.00 (37 lots @ $1,802.00 per lot),
I I. The Owner/Developer agrees to escrow $3.700.00 (37 lots @ $ I 00.00) for the Erosion
Surety Fund, with the unused portion reimbursed to the Developer.
12, Owner/Developer agrees to inform builders of the drainage requirements set by the City
approved drainage and lot grading plans. Developer to be involved in resolving any and
all disputes concerning the construction of any retaining wall facilities or other necessary
structures regarding lot drainage and compliance with the approved lot grading plan, No
deviations from the City approved plans will be accepted,
13, OwnerlDeve]oper agrees the City is in no way responsible for the maintenance or
operation of the detention ponds or any improvements associated with the detention ponds.
14, The City shall have no maintenance responsibility for private open space. The
Owner/Developer or the neighborhood Homeowner's Association shall maintain this area.
15, The Owner/Developer understands that he has no authority to cancel or amend the terms
of the agreement without specific written authority of the City.
Tile ( ": '\ddi,l(1:~ Pim - Pi..:iE 1 \1 d~ a:'nro\ .le :l "ared Clm1l\lUl1ll\ ;n;: _':':i:l1:~'':
- -
\vith Lnaplt:r 10, oftne City.s Land Developmenr (vue.
17, Upon completion of the work, good and sufficient title to all constructed, warranted free of
any liens or encumbrances, is hereby vested in the City ofColleyville.
18, If for any reason the ownership of the property should change prior to the acceptance by
the City of the water, sewer, storm drainage and paving improvements in Clairmont
Addition. it is agreed that these conditions will pass from this Owner/Developer to the
next owner and the City will require proper signatures of the new Owners agreeing to the
terms of this Agreement.
IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3)
counterparts, each of which shall be deemed an original on this _ day of
200 I.
DEVELOPER
CITY OF COLLEYVILLE
I.e.!. Development L.L.c.
Mike Williamson
Project Manager
Cynthia Singleton, City Secretar.
EXHIBIT "A"
WARREN E. HA CAN
Lund Development Consultant
CLIENT I.C.I. DEVELOPMENT L.L.C.
PAGE NO,
1
PROJECT Clairemont Phase -1
DATE 6/18/01
City/Developer Cost Sharing Watermain
PROJ ECT NO, 450
BY W.E. Haqan
ENGINEER'S EST! MATE
ITEM NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
A 1n Tn.....h ,
1 1n Tn,..h P 'I.T (" &:;iI. t; T. "F' ?1 nn <l:1':l c,Llt:;nn
? 1n Tn.....h 'I.T.::olu~ .::onn Bnx ? PZl. 1?nn nn ? Linn nn
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I 1 .
8 Inch P.V.C &:;Llt:; T. J;" 1., nn I... 1" oc~ n(\
2. 8 Inch Valve and Box ? 7nn nn 1 Linn nn
'IDTAL : $12 36') 00
Cost Difference <l: '< t:;An nn
Inspection Fee 5% $ 179.00
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RE$OLUTlON R-01-1765
A RESOLUTION APPROVING THE FINAL PLAT OF
CLAIREMONT ADDITION
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
: COL~=Y'''ILU=, TEXAS:
Sec. 1.
THAT the final plat of Clairemont Addition Phase 1 IS hereby approveo.
AND IT IS SO RESOLVED.
Passed by a vote of S ayes, 0 nays and D abstentions on this the ~ ~ day
of 7"(a..A...~ , 2001.
ATTEST:
r>'k.~4ku
Cynthia Singleton I TRMC
City Secretary
CITY OF COLLEYVILLE:
L-;!~
Mayor
ORDINANCE 0-01-1306
AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN CONTRACT
FOR PUBLIC IMPROVEMENTS BETWEEN I.C.!. DEVELOPMENT, L.L.C. AND THE
CITY OF COLLEYVILLE, TEXAS FOR CLAIRMONT ADDITION
WHEREAS, I.C.1. Development, L.L.C. (Developer) shall construct public
improvements and the City of Colleyville, Texas shall participate in the
cost as determined by municipal ordinance under Subchapter C,
Developers Participation in Contract for Public Improvements, Local
Government Code, State of Texas; and
WHEREAS, The City of Colleyville and Developer hereby entered into a City-
Developer AgreemenUContract for Clairmont Addition, which specifies
certain construction costs that the City has agreed to participate in with
the Developer.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec, 1,
Sec, 2,
Sec, 3,
Sec, 4,
Sec, 5,
THAT the Developer shall construct the improvements and the City shall
participate in their cost.
THAT the City's total cost participation ($3,759.00) does not exceed thirty
percent (30%) of the total contract price.
THAT the Developer must execute a performance bond for the
construction of the improvements to ensure completion of the project, said
bond must be executed by a corporate surety in accordance with Chapter
2253, Government Code,
THAT the City shall be reimbursed by the Developer the total cost
participation by the City if City finds there was any undue loading of cost,
collusion, or fraud.
THAT all of the Developer's books and other records related to the project
shall be available for inspection by the City.
Ordinance 0-00-130F
Page 2 of
AND IT IS 50 ORDERED.
The first reading and public hearing being conducted on the
,2001,
day of
The second reading and public hearing being conducted on the
,2001.
day of
A TTE5T:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
e,r ~- fJ/
~~,
:. "rltlr ~~9lJJii.3
"-0, r~ ,
CITY COUNCIL ~ AGENDA BRIEFING
For mtg. : I
Item # : I
I
Ordinance # : I
I 0-01-1307
Previous Action: None
09/11/01
15
CMO Approval: I
I
I
DEPT.: I
I FINANCE :
SUBJECT: I I
I Approving the Fiscal Year 2001-2002 Budget for I
I the ~olleyville Economic Development I
Corporation :
I
First Reading and Public Hearing
Backqround
Per the by-laws of the Colleyville Economic Development Corporation (CEDC), the
Board of Directors of the Corporation must adopt a budget of proposed revenues and
expenditures, This budget must also be approved and adopted by the City Council. On
September 11, 2001, the CEDC Board adopted the Fiscal Year 2002 budget proposed
in Ordinance 0-01-1307. This budget contains FY 2002 expenditures in the Economic
Development Capital Improvement Program FY 2002 - FY 2006 adopted by the Board.
Attached is the Board approved budget with estimated revenues and expenditures for
Fiscal Year 2002 (Exhibits 1A - 1C). The revenue estimate is 1/2 of the sales tax
revenue estimate in the City's approved FY 2002 budget. Expenditures include
Bransford Park restoration ($240,060), Library start-up ($300,000) Pleasant Run Park
($205.965), the third year note payment on land for soccer fields ($101,640),
(continued)
~0
CITY MAN"'AGER
'- C/' UJ /1 /'
,~~,/- t/>---, fJJ~krL
DEPART~El'tr HEAD
v
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ord inance 0-01-1307
Page 2 of 2
and $7,400 for office supplies, board expenses, insurance, and arbitrage rebate
services, A portion of the Bransford Park restoration and Pleasant Run Park project
was carried forward from the FY 2001 budget and will be funded from use of fund
balance, Additionally, $422,915 of bond proceeds remaining from the 1997 bond sale
will be used to fund the Pleasant Run Park ($122,915) project and Library start-up
($300,000).
Recommendation
Approval
Attachments
· C EDC Budget Exhibits 1 A, 1 B, 1 C
. Ordinance 0-01-1307
COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION
FY 2002 PROPOSED BUDGET SUMMARY
EXHIBIT 1A
FY 2001
ANTICIPATED
FY 2002
PROPOSED
BEGINNING FUND BALANCE
$
1,091 438
824,017
REVENUES
SALES TAX REVENUES
$
850,000
871,250
INTEREST INCOME
$
43,658
28,841
USE OF BOND PROCEEDS
$
o
422,915
USE OF FUND BALANCE
$
508,181
572,744
TOTAL REVENUES
1.401,839
1.895,750
LC:SS EXPENSES
ADMINISTRATIVE EXPENSES
7.400
7,400
DEBT SERVICE
601,901
600.489
CAPITAL PROJECTS
BRANSFORD PARK RESTORATION
14,940
240060
KIMZEY PARK DEVELOPMENT 427,618 0
LIBRARY START -UP $ 0 500,000
PLEASANT RUN PARK 3,950 205,965
SCHOOL/SOCCER FIELD PARK LAND NOTE 105,270 101,640
TOTAL EXPENSES 1,161,079 1,655,554
EXCESS REVENUES OVER EXPENSES 240 760 240,196
NOTE A COVERAGE RATIO OF 1.4 IS REQUIRED TO MEET THE SALES TAX
BOND COVENANTS FOR FY 2002 REVENUES MUST EXCEED EXPENDITURES
BY AT LEAST $240,196
COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION
FY 2002 BUDGET
EXHIBIT 1B
PROPOSED
FY 2002
ENDING FUND BALANCE AT 9-30-01 WHICH
INCLUDES $422,915 IN BOND PROCEEDS
TO BE USED IN FY 2002
826.867
REVENUES
SALES TAX REVENUES
$
871,250
INTEREST INCOME
s
28,940
USE OF BOND PROCEEDS
420,065
USE OF FUND BALANCE
s
575,495
TOTAL REVENUES
1,895,750
l~SS EXPENSES
ADMINISTRATIVE EXPENSES 7.400
DEBT SERVICE 600.489
CAPITAL PROJECTS
BRANSFORD PARK RESTORATION S 240,060
LIBRARY STARTUP 500,000
PLEASANT RUN PARK $ 202,965
SCHOOL/SOCCER FIELD PARK LAND NOTE 101,640
TOTAL EXPENSES S 1.652,554
EXCESS REVENUES OVER EXPENSES
243.196
NOTE A COVERAGE RATIO OF 14 IS REQUIRED TO MEET THE SALES TAX
BOND COVENANTS FOR FY 2002 REVENUES MUST EXCEED EXPENDITURES
BY AT LEAST $240,196
COLLEYVILLE ECONOMIC DEVELOPMENT CORPORA liON
FISCAL YEAR 2002 BUDGET ADMINISTRATIVE EXPENSE
ACCOUNT AMOUNT
NUMBER EXPENSE ACCOUNT BUDGETED
6203 INSURANCE $3,600
6226 MISC CONTRACTUAL (ARBITRAGE) $2,500
6233 BANK SERVICE CHARGES $500
6293 BOARD AND COMMISSION $500
6301 OFFICE SUPPLIES $100
6308 PRINTING $200
TOTAL EXPENSES
$7.400
ORDINANCE 0-01-1307
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS
APPROVING AND ADOPTING THE ANNUAL BUDGET FOR THE COLLEYVILLL
ECONOMIC DEVELOPMENT CORPORATION, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2002, A COpy OF SAME BEING ON
FILE IN THE OFFICE OF THE CITY SECRETARY, TO BECOME EFFECTIVE UPON
PASSAGE BY THE CITY COUNCIL.
WHEREAS, the by-laws of the Colleyville Economic Development Corporation require the
Board of Directors of the Corporation to adopt a budget of proposed
revenues and expenditures and the budget must be formally approved by the
City Council; and,
WHEREAS, on September 11, 2001, the Board of Directors of the Colleyville Economic
Development Corporation approved the following budget for expected
revenues and expenditures;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
::, i, ::
''-itT the OL:.::::JS ~ --::' :)[":::;;.:;::':;e:'.:;' ~_' C1~a e>:Dt:o' ~-.:':', 'S2;.:Y me ;is:?
year oeglnnlng Oc;,.::;:..,er 1,200-:, ana enOl, j~ 0eptemcer .50, 2002, tor tne
Colleyville Economic Development Corporation, a copy of which is on file in
the office of the City Secretary, is hereby made a part of this ordinance b}
reference and is hereby approved and adopted by the City Council of the
City of Colleyville, Texas, as the official budget for the fiscal year beginning
October 1, 2001, and ending September 30, 2002.
Sec. 2.
THAT the revenue and expenditure amounts for the Fiscal Year 2002 budget
for the Colleyville Economic Development Corporation are hereby fixed as
follows:
Revenues
Expenditures
$ 1,895,750
$ 1,655,554
AND IT IS SO ORDERED.
The first Reading and Public Hearing being conducted on September 11, 2001.
The second Reading and Public Hearing being conducted on October 2. 2001.
ATTEST:
Cynthia Singleton, TRMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Ross 1. Foster
City Attorney
Ordinance 0-01-1307
Page 2 of 2
CITY OF COLLEYVILLE
Donna Arp
Mayor
C It ~- Of
/?'V ~ r
i. Jmr~~~JE3
~\E'
CITY COUNCIL Tno; AGENDA BRIEFING
For mt . :
Item # : I
Resolution # :
09/11/01
CMO Approval:
16
R-01-1839
Previous Action: None
DEPT.: I
I FINANCE
SUBJECT: I I
Approving the Economic Development Capital
, I
I Improvement Program (FY2002-2006) for the'
I Colleyville Economic Development Corporation
Reading and Public Hearing
Backqround
Contained in the by-laws of the CEDC is the requirement that annually the Board
develop a combined Economic Development Capital Improvement Program, (EDCIP)
which sets forth long and short term goals. This program "shall be one that addresses
the development needs of the City within the financial constraints available to the
Corporation", The "EDCIP shall identify the projects to be undertaken by the
Corporation and include proposed methods and the expected cost of implementation".
After the EDCIP is developed, it must be approved by the ,City Council.
On September 11, 2001, the Board met and developed the attached EDCIP (Exhibit 2).
.-~~
CITY MANAGER
lft~/f~{ /tk-
DEPARTME' AD
,
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-01-1839
Page 2
For the Council's information, the current EDCIP for FY 2001 - FY 2005 is included in
the briefing as Exhibit 1. For the FY 2002 - FY 2006 EDCIP (Exhibit 2) the following
revenue and expenditure changes were approved: reducing the sales tax revenue from
5% to 3%, moving the unspent balance of Bransford Park from FY 2001 to FY 2002
($60,600), and moving the unspent balance of Pleasant Run Park from FY 2001 to FY
2002 ($118,965). The purchase of additional park land ($325,000 in FY 2004 and
$500,000 in FY 2005) was delayed by one year until FY 2005 and FY 2006,
respectively, This was done to accommodate the revised revenue projection and to
retain the fund balance at a minimally acceptable level.
Recommendation
Approval
Attachments
~ =- '.1 hI:.'
-. .-. ,~ -- -.....
".-- -
-..-. -;.... ~- --- ~
. Exnl;:" _ - FY :... ,. ",2-2006 CU\..; i-
. Resolution R-01-1839
COLLEYVILLE ECONOMIC DEVELOPMENT COPRORATION EXHIBIT 1
ECONOMIC DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM FY 2000 FY 2005
PROJ ECTED
FISCAL YEAR 2000 2001 2002 2003 2004 2005
_GINNING FUND BALANCE $778,006 $1.091438 $835481 $649,614 $574,626 $443.860
REVENUES~
PROJECTED 1/2 CENT SALES TAX REVENUE $853,091 $895,746 $940,533 $987,559 $1.036,937 $1,088784
INTEREST INCOME $92,500 $65486 $50,129 $38,977 $34.478 $26,632
USE OF FUND BALANCE $372,267 $199,715 $226,986 $254,846 $0 $0
REMAINING FY 97 BOND PROCEEDS' $72,085 $122,915 $300,000 $0 $0 $0
TOTAL REVENUES $1.389,943 $1.283,861 $1.517,648 $1.281.382 $1.071415 $l.l 15416
EXPENDITURES:
OPERATING
ADMINISTRATIVE $7,400 $7400 $7400 $7,400 $7,400 $7400
1997 DEBT SERVICE & 1.4 TIMES COVERAGE $685,661 $678.206 $677,018 $668,093 $666,044 $665,606
2000 DEBT SERVICE & 14 TIMES COVERAGE $62,871 $164455 $163,667 $176,267 $174,517 $179,549
BRANSFORD PARK RESTORATION $0 $75,000 $180,000 $0 $0 $0
Y ENTRANCE MARKERS $30,785 $0 $0 $0 $50,000 $0
COMMUNITY CENTER STARTUP $19,308 $0 $0 $0 $0 $0
KIMZEY PARK DEVELOPMENT $0 $427,618 $0 $0 $0 $0
LIBRARY STARTUD' $0 $0 $500,000 $0 $0 $0
MC PHERSON LAND PARK PLAN' $22,085 $0 $0 $0 $125,000 $0
PARK PARK LAND PURCHASE $0 $0 $0 $0 $325,000 $500,000
PLEASANT RUN PARK $0 $122,915 $87,000 $0 $0 $0
SCHOO:" SOCCER FIELD PARK LAND' $90,000 $105,270 $101.640 $98,010 $94 380 $0
SPARGER, NATURE CENTER TRAIL $0 $0 $0 $393,000 $0 $0
T0TAL EXDENDITURES $918,110 $1.580,864 $1 ~:.672: $1.342.770 $1442.341 $1.352,555
EXCESS REVENUES OVER EXPENDITURES $471,833 ($297,002) ($1990771 ($61.387) ($370,926) ($237,139)
ADD BACK .4 TIMES BOND COVERAGE RATIO $213,866 $240,760 $240.196 $241.246 $240,160 $241.473
,:NG FUND BALANCE $1.091438 $835481 $649.614 $574,626 $443,860 $448,194
ASSUMPTIONS 5% SALES TAX REVENUE INCREASE IN FY 2001 ' FY 2005
. THE REMAINING 1997 BOND PROCEEDS ($495,000) ARE ALLOCATED TO SCHOOL/SOCCER FIELD PARK LAND ($50,000 ' FY 2000),
LIBRARY STARTUP ($300,000 FY 2002), MC PHERSON PARK ($22,085 FV 2000), AND PLEASANT RUN PARK ($122,915, FY 2001)
COLLEYVILLE ECONOMIC DEVELOPMENT COPRORATION EXHIBIT 2
ECONOMIC DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM FY 2001 ' FY 2006
PROJECTED
FISCAL YEAR 2001 2002 2003 2004 2005 2006
BEGINNING FUND BALANCE $1.091A38 $824,017 $491.469 $304,534 $362 320 $400.016
REVENUES:
PROJECTED li2 CENT SALES TAX REVENUE $850,000 $871.250 $897,388 $924,309 $952,038 $980,600
INTEREST INCOME $43,658 $28,841 $17,201 $10,659 $21.739 $24,001
USE OF FUND BALANCE $508.181 $572.744 $0 $0 $0 $0
REMAINING FY 97 BOND PROCEEDS' $0 $422.915 $0 $0 $0 $0
TOTAL REVENUES $1.401.839 $1.895,750 $914,589 $934,968 $973778 $1.004.601
EX PEN DITU RES:
OPERATING
ADMINISTRATIVE $7.400 $7 ADO $ 7 AOO $7AOO $7 ADO $7,400
1997 DEBT SERVICE & 14 TIMES COVERAGE $678206 $677,018 $668,093 $666,044 $665,606 $666,306
2000 DEBT SERVICE & 14 TIMES COVERAGE $164455 $163,667 $176,267 $174,517 $179,549 $177,360
BRANSFORD PARK RESTORATION $14.940 $240,060 $0 $0 $0 $0
CITY ENTRANCE MA.RKERS $0 $0 $0 $50,000 $0 $0
COMMUNITY CENTER STARTUP $0 $0 $0 $0 $0 $0
KI~aEY PARK DEVELOPME[,;~ $427.618 $0 $0 $0 $0 $0
l.:BR.APY STp,RiUD " $0 $500.0-JJ $C $0 $0 $0
Me Pf-1ERSON cAND PARK, PLAN $0 $0 $0 $125,000 $0 $0
PAR" PAP", LAND PURCHASE $0 $0 $0 $0 $325,000 $500,000
PL-Et..s~~<- Rl..,'N PARr<. $3,95e $205,965 $0 $0 $0 $0
SCHCC'l... SOCCER FIELD PARK LAND NOTE $105,270 $101640 $98,010 $94,380 $0 $0
TRAI~S GRANT MATCH $0 $0 $393,000 $0 $0 $0
F\'D~';=-TUR:.S S14':133:-' ! ~8or:: '51"' 11340 '70 $1 117 34; $1 )77 555 $: 351067
EXCESS REVE~.UES OVER EXPENDITURES $0 $0 ($428181 ) ($182,374) ($203777) ($346A66)
ASD BACh, 4 TIMES BOND C,OVERAGE RATIO $240,760 $240,196 $241.246 $240,160 $241A73 $241,048
ENDING FUND BALANCE $824,017 $491A69 $304,534 $362,320 $400,016 $294,597
ASSUMPTIONS 3% SALES TAX REVENUE INCREASE IN FY 2003 cy 2006
. THE REMAINING 1997 BO[';D PROCEEDS ($422915) ARE ALLOCATED TO
UBRARV STARTUP ($300000 FY 2002\ A[,;D PLEASANT RU~, PARK ($122,915 FY 200]/2002)
RESOLUTION R-01-1839
A RESOLUTION APPROVING THE COLLEYVILLE ECONOMIC DEVELOPMENT
CORPORATION CAPITAL IMPROVEMENT PLAN
WHEREAS, the by-laws of the Colleyville Economic Development Corporation require that
an Economic Development Capital Improvement Plan be developed setting
forth long and short term goals that address the needs of the City within the
financial constraints of revenues available to the Corporation and that the
plan be approved by the City Council; and
WHEREAS, the Board of Directors has developed and approved an Economic
Development Capital Improvement Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE:
Sec 1.
THAT the Economic Development Capital Improvement Plan of the
Colleyville Economic Development Corporation (Exhibit A) is hereby
approved.
AND SO IT IS RESOLVED.
Passed by a vote of
_ day of
ayes,
,2001.
nays, and
abstentions on this
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
COLLEYVILLE ECONOMIC DEVELOPMENT COPRORATION EXHIBIT A
ECONOMIC DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM FY 2001 FY 2006
PROJECTED
FISCAL YEAR 200: 2002 2003 2004 2005 200E
BEGINNING FUND BALANCE $1.091.438 $824,017 $491A69 $304,534 $362,320 $400,016
REVENUES,
PROJECTED J/2 CENT SALES TAX REVENUE $850,000 $871.250 $897,388 $924,309 $952.038 $980,600
INTEREST INCOME $43,658 $28,841 $17,201 $10,659 $21. 739 $24.001
USE OF FUND BALANCE $508,181 $572,744 $0 $0 $C $C
REMAINING FY 97 BOND PROCEEDS' $0 $422,915 $0 $0 $8 $0
TOTAL REVENUES $1.401.839 $1.895,750 $914,589 $934,968 $973,778 $1.004,601
EXPEN DITURES,
OPERATING'
ADMINISTRATIVE $7,400 $7 AOO $ 7 AOO $7,400 $7,400 $7.400
1997 DEBT SERVICE & 1 4 TIMES COVERAGE $678,206 $677018 $668,093 $666044 $665,606 $666,306
2000 DEBT SERVICE & 1 4 TIMES COVERAGE $164,455 $163,667 $176,267 $174,517 $179,549 $177,360
BRANSFORD PARK RESTORATION $14,940 $240,060 $0 $0 $0 $0
CITY ENTRANCE MARKERS $0 $0 $0 $50,000 $0 $0
COMMUNiTY CENTER STARTUP $0 $0 $0 $0 $0 $0
KiMZEY PARK DEVELOPMENT $427618 $0 $0 $0 $0 $0
L19RAPY STA'<TUD' $0 $500,000 $0 $0 $0 $0
MC PHERSON LAND PARK PLAN $0 $0 $0 $125,000 $0 $0
PARK DARK LAND PURCHASE $0 $0 $0 $0 $325,000 $500,000
PLEASANT RUN PARK $3 950 $205,965 $0 $0 $0 $0
SCHOCl/SOCCER FIELD PARK LAND NOTE $105,270 $101.640 $98,010 $94,380 $0 $0
TRAILS GRANT MATCH $0 $0 $393,000 $0 $0 $0
~C':,Tt.:... EYPEN~'ITUPES $1401839 ! 1 89~ 75r 1: 342 '7,,: $1 1l734l $~_177555 $',351067
EXCESS REVENUES OVER EXPENDITURES $0 $0 ($4281811 ($182,374) ($203777) ($346A66)
ADD BACK 4 TIMES BOND COVERAGE RATIC $240,760 $240,196 $241.246 $240,160 $241.473 $241,048
ENDING FUND BALANCE $824,017 $491A69 $304,534 $362,320 $400,016 $294,597
ASSUMPTIONS, 3% SALES TAX REVENUE INCREASE IN FY 2003 FY 2006
. THE REMAINING 1997 BOND PROCEEDS ($422915) ARE ALLOCATED TO
LIBRARY STARTUP ($300,000 FY 2002) AND PLEASANT RUN PARK ($122,915 FY 2001/2002)
CITY COUNCIL
Cll.' r).'
~~
'.."I~7'j~""
\~, r.... ,--........
~/ AGENDA BRIEFING
For mtg. : I
Item # : I
09/11/01
CMO Approval:
17
Resolution # :
R-01-1840
Previous Action: None
DEPT.: I
I CITY COUNCIL
SUBJECT: i
I Calling a special election for the purpose of
electing a Councilperson to Place 4, for the
unexpired term, to be held on November 6. 2001
Reading and Public Hearing
Dennis Marlin resigned as Councilmember, Place 4, and City Council accepted the
resignation effective September 4, 2001, Section 3.05 of the City Charter requires that
a vacancy in the Council shall be filled within thirty (30) days of the occurrence of the
vacancy by a person qualified for the position, This appointee shall serve until the
position can be filled at the next regular or special City election as provided by law.
Therefore, the City of Colleyville will conduct a special election on November 6, 2001, to
fill a vacancy on City Council, Place 4,
Recommendation
Approval
Attachment
· Resolution R-01-1840
z!.a~ j( cJf-'>7~ /~
C0N~~~
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
RESOLUTION R-01-1840
A RESOLUTION CALLING A SPECIAL ELECTION FOR NOVEMBER 6, 2001,
FOR THE PURPOSE OF FILLING A VACANCY FOR THE UNEXPIRED TERM
OF COUNCILMEMBER, PLACE 4
WHEREAS, the City of Colleyville, Texas, desires to conduct a Special Election
as set forth by Section 41.001, Texas Election Code, to be held on
November 6, 2001, at which time the voters will elect a
Council member, Place 4, to fill the unexpired term.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
See, 1.
Sec. 2.
Sec. 3.
Sec. 4.
THAT a Special Election is hereby called to elect a Councilmember
to Place 4, to fill the unexpired term. Such election shall be held at
City Hall, 5400 Bransford Road, Colleyville, Texas, on the 6th day
of November 2001, from 7:00 a.m. to 7:00 p.m.; and
THAT qualified persons for City Council Offices may file as
candidates by filing applications in the office of the City Secretary
5400 Bransford Road, Monday through Friday, from 8:00 a.m, until
5:00 p.m., September 12 through October 9,2001.
THAT early voting shall be held at City Hall, 5400 Bransford Road,
October 22, 2001, and shall continue through November 2, 2001,
Monday through Friday from 8:00 a.m, until 5:00 p.m, Extended
hours for early voting are Saturday, October 27, 2001, from 7:00
a.m. until 7:00 p.m.; on Sunday, October 28, 2001, from 11 :00 a.m.
until 4:00 p.m. and on Thursday, November 1, 2001, and Friday,
November 2, 2001, from 7:00 a.m. until 7:00 p,m.
THAT voting machines shall be employed for the regular municipal
election, including early voting, herein ordered in compliance with
the provisions of Chapter 121 of the Texas Election Code, as
amended.
Resolution R-01-1840
Page 2 of 2
Sec. 5.
THAT the Election shall be conducted according to the election
laws of the State of Texas and reEluirements of the Charter of the
City of Colleyville.
AND IT IS SO RESOLVED.
Passed by a vote of
day of
ayes, nays, and
,2001.
abstentions, on this
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
CIIY f){
~,
(~If'i II'=~"""'J. .nn,=
~~C-7--='
CITY COUNCIL Too; AGENDA BRIEFING
For mtg. : 09/11/01 CMO Approval:
Item #:
18
Resolution # :
R-01-1824
Previous Action: 08/08/01
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT: Approval of a final plat of Heritage Glen
Addition requested by Matt Torbit, Mady
i Development Corporation, 10.0 acres located
I at 3508 Glade Road, Case P-01-021
Update
The City Council denied this plat at its August 8, 2001 meeting. The applicant
submitted a letter requesting that the City Council reconsider the plat. A copy of the
letter is attached.
Reading and Public Hearing
Backqround
Mady Development, represented by Matt Torbit, is the owner of a 10.0-acre parcel of
land located on the north side of Glade Road, west of Roberts Road, The owner has
submitted a Final Plat of the property for review and consideration by the City Council.
The plat will create 18 residential lots for the construction of houses and two open
space lots.
~-o
CITY MAN'AGER
(continued)
~\~~
DEP~ENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-O 1-1824
Page 2
The following is a summary of the major items associated with this Final Plat.
Zoning & Preliminary Plat. This property is zoned PUD-R. The zoning and
preliminary plat were approved by the City Council on April 3, 2001. Conditions of
approval included lot size and setback requirements, reduced open space requirements
(4%), fence and landscape buffer requirements, and a residential fire sprinkler system in
each residence.
Lot Sizes. The PUD-R ordinance for this property requires a minimum lot size of
16,000 square feet, with an average lot size of 19,900 square feet. The smallest lot on
the proposed plat is 16,408 square feet, and the average lot size is 19,945 square feet.
Plat Name. When the zoning for this property was considered, the proposed name for
the development was Beverly Glen, The name has been changed to Heritage Glen.
Trail System, Tne aeveloper Wli, ::onsm...Cl d 10-foot wide slaewalk along Glade Road
as part of this development. The sidewalk is part of the Colleyville Pathways Plan for
hike and bike trails,
The Planning and Zoning Commission approved this Final Plat at its July 23, 2001,
meeting by a unanimous vote,
Recommendation
Approval
Attachments
· Location Map
· Plat
· Letter from Applicant
· Resolution R-01-1824
Location Map
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Letter from Applicant
J e~~!;~lo~ c2~~~~st
www.jenkens.com
AUSTIN TIllw
(S1Z) -':3100
CHICIlOO. JUJNOlS
(l1t) .u.S9OD
1lo..-!'O)oI. 'I1IXAI
(7U) t51-1JllO
l.ClI ANa5t.!SJ.. CAIJPODllA
(3lCl) .......110O
NnYoax. NftPVealt
(212) 7OMOOQ
SAN ANTONIO. 'Rli:AS
(21D) w.sooo
W.AIHINClTOW,D.C.
t20Zl .\36.1500
1#5 Ross AVENUE
Sum 3200
DALlAS, TExAs 75202
Richard M. Tft~r
(214L 855-4123
ttr.lynot@jenkenl.com
(214) 155-4500
FAcsn.aLE (214) 855-4300
Aujust 17,2001
Via FAt!.;mile It. U S. Mail
Mr, J. ClaytOll Husbaad AICP
Development Coordinator
5400 Bransford Road
P.O. Box 18S
CollcyviJle, TX 76034
R.e: FizW Plat ofHcritage 0101\ AdditiOll., Cue P.o1-021
Dear Mr. Husband:
It is our underSWJdins that, bued on the City .wr I review of the referenced Plat, the Plat
confonnsto aD local rules and regulations, includinsthe City' I subdivision orctinance. and saDsfies all sme
law coDditiODa necolMly for approval by the City.
A&:cordiqly, on behaJfot'tbe owner, we herebyrespedfi1l1y request that tbereferenced Plat be
sc:hodulcd for reconsideration by the City Council at the next City Council hearing, wbich is Tuesday,
August 21,2001. ThaDkyou foryounttention to thil matter and p1euedo not hesitate to contact this
office if we can be of any usiltlDce.
Very truly yours,
~ 4-t
Ric:.hard M. Traynor
cc: Matt Torbit
Bill Dahlstrom
o.a... SfU'7S . I. ...."JllllIOI
i
I:
RESOLUTION R-01-1824
I:
!
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
AUGUST 8, 2001
WHEREAS, Council has taken action on certain items on the agenda under Business
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
See, 1,
THAT the agenda decisions approved by Council action under Business thiS
date and not otherwise adopted by Ordinance andlor separate Resolution
as follows are hereby adopted:
c. THAT tn".;; Tina alat o~ He,-nage Glen AdOilior ~-?']ueSlec Mat
Torblt, Mady Development Corporation. 10,0 acres located at 3508 I
Glade Road, Case P-01-021 is denied without prejudice as t
additional cost.
AND IT IS SO RESOLVED.
APPROVED THIS P ~ DAY OF ~~ C
~ AYES, / NAYS, AND 0 ABSTENTIONS,
I 2001, BY A VOTE OF
! ATTEST:
tyn~~~
Cynthia Singleton, TRMC
C :ty Secretary
CITY OF COLLEYVILLE
b!~
Mayor
'-'
, I
I
Cllyor
((\),,~
\ ( llLr ~~,,1ill~
~\CI
CITY COUNCIL Tno; AGENDA BRIEFING
For mta. : 09/11/01 CMO Approval:
Item#:
19
Resolution # :
R-01-1841
Previous Action: 08/08/01
DEPT. :
I
COMMUNITY DEVELOPMENT I
Approval certifying as the reasons for denial of I
the application for the final plat of the Heritage
Glen Subdivision I
SUBJECT:
Reading and Public Hearing
Backqround
The City Council denied this plat at the August 8, 2001 meeting. The applicant
submitted a letter requesting that the City Council certify the reasons taken for the
action. A copy of the letter is attached, The City Attorney prepared the attached
resolution for the Council's consideration,
Attachments
· Letter from Applicant
· Resolution R-01-1841
<~~'
CITY MANA~R
~-~
DEPArT~NT HEAD
~-'
FINANCIAL REVIEW (IF NECESSARY)
Letter from Applicant
J e~~~8~IO~ c~~~st
'III\VW .jc.nken6.com
MlImI.l'IlW
lS1%)499-SIOO
Q(1C~J]w.D"C"
(S12)~3900
H/:)U<Tat;, TuAS
('IU) .51-3300
Los ANG~ACAlJl'IDNO,^
(Uo, "")'Itoo
NWWYouc, NInI' Yon
(2U;) ,o..6OllO
Sl\)l ANTONIO. 't"II:LU
(2U1) ~sooo
WASIlDIOTONJE'c'
(lIIZ) 126-hw
1445lloSSAVENUE
sum. 3200
DAU-A5, TEXAS 7S202
Ridlud M. TnyftOr
(214) 855-4123
ruayruu@jenlcens.com
(214) 8Ss..SOO
F^cmm.E (214) 855-4500
August 10,2001
V1& Facllimilelr. U.S, Mail
Mr, 1. Clayton Husband AlCP
Dllve\otmteftt Coordinator
5~L.. BrL..."'"...S-rorc Ro~.-
P,O, Be;;; i&5
CQlleyville. TX 76034
Re: Final Plat ot'Hertt&gc Glen Ac1ciitioD, Cue P-oI-021
Dear Mr, Husband:
On behalf oCthe owner of the subject property. located at 3 S08 Glade R.oad, and pursuant to
Section 212,009(e) of the Texas Local Government Code, we hereby request that the City ccrtifytl1e
reasons fbr the action taken Oft the....~ cdOI:d c:ase attbe Jw(JU8t I, 200 1 City Council Meeting (identified
as item J(f) on the August 811l agenda).
Thankyou for your attention to this matter aDd please do DOt hesitate to contact this office if you
require any additional information,
Very truly yours,
,~~
Richard M Traynor
cc: Mati TorM
Bill Dahlstrom
DollotOJGSJJ.I, '1/_
RESOLUTION R-01-1841
APPROVAL CERTIFYING AS THE REASONS FOR DENIAL OF THE APPLICATION
FOR THE FINAL PLAT OF THE HERITAGE GLEN SUBDIVISION
WHEREAS, the City Council considered and denied the application for the approval of a
final plat forthe Heritage Glen subdivision atthe regular City Council meeting
on August 8, 2001; and
WHEREAS, the proponent of the plat, through his representatives, has requested that the
City certify the reasons for denial of the plat.
NOW, THEREFORE, BE IT RESOL VEO BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec.1.
THAT the following is hereby certified as the reasons for denial of the
application for final plat of the Heritage Glen subdivision:
a, The plat does not conform to the general plan of the municipality and its
current and future streets.
b. The street layout in the plat does not extend to the tract boundary to
provide for future access to adjoining tracts to assure adequate
neighborhood circulation.
AND IT IS SO RESOL VEO.
Passed by a vote of
day of
ayes and nays and
,2001.
abstentions on this the
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
CifY ()f
C1ill~ce
CITY COUNCIL k AGENDA BRIEFING
For mt .:
Item#:
09/11/01
CMO Approval:
20
Ordinance # :
0-01-1293 I
Previous Action: Tabled
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
A Special Use Permit for alcoholic beverage sales
for on-premise consumption, requested by
Michael Nevares, on Lot AR, E.M. Thompson
Subdivision located at 5224 Colleyville Boulevard,
Miguelito's Mexican Restaurant, Case Z-01-0 15
Update
This item was tabled by the City Council on August 21, 2001. The City Council also
directed staff to prepare revisions to Chapter 6 of the Colleyville Code of Ordinances
to make the city alcoholic beverage regulations consistent with state statutes. The
changes to the alcoholic beverage regulations are a separate item on the September
11, 2001 agenda.
A Special Use Permit for alcoholic beverage sales at this restaurant would still be
required regardless of the action taken on the changes to the alcoholic beverage
regulations. If the changes to the regulations are approved, then the distance
requirements from churches for this restaurant will be satisfied, and the attached
ordinance should be amended to delete the waiver provisions. If the changes to the
regulations are not approved, the City Council may approve the Special Use Permit
subject to the waiver provision included in the attached ordinance.
--=?:> e
CITY MANAGER
~~~i~vCt.
DEPARTMENT HEAD
...--
(continued)
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1293
Page 2
Second Reading and Public Hearing
First Reading and Public Hearing
Backqround
Michael and Gabby Nevares are the owners of Miguelito's Mexican Restaurant,
located at 5224 Colleyville Boulevard. They are independent operators of this
restaurant and another successful location in Hurst. The owner has submitted a
special use permit application to allow alcoholic beverage sales for on-premise
consumption in the restaurant.
The restaurant is located in a single building on the west side of Colleyville Boulevard,
between the intersections of Pleasant Run Road and Church Street. The restaurant
has been in operation at this location since last year, and the restaurant in Hurst
recently celebrated its 5th anniversary. The restaurant in Hurst serves alcoholic
beveraaes,
The Land Development Code requires a Special Use Permit for alcohol sales, eitner
for on-premise or off-premise consumption. In addition, the Colleyville City Code
requires that places that serve alcohol be located at least 1,000 feet away from a
public school, church or hospital. The distance is measured from front door to front
door, along the street front property lines,
The restaurant is located just south of First Baptist Church. The owner hired a land
surveyor to measure the distance between the two main entries into the buildings to
determine if the 1,000-foot distance requirement was satisfied. Brittain & Crawford
surveyors measured the distance at 824.56 feet. A copy of the survey is attached.
The Texas Alcoholic Beverage Code contains a provision to allow a variance to the
distance requirements. In Section 109.33, the Texas Alcoholic Beverage Code allows
the granting of a variance if
the governing body determines that enforcement of the regulation in a
particular instance is not in the best interest of the public. constitutes waste or
inefficient use of land or other resources, creates an undue hardship on an
applicant for a license or permit. does not serve its intended purpose, is not
eftec~lve or necessary. or for any other reason the court Or ;:wernrng board
after conSideration of the health. safety, and welfare of the public and the
equities of the situation, determines is in the best interest of the community.
Agenda Briefing
Ordinance 0-01-1293
Page 3
The City Council may authorize a variance to the 1,000-foot distance requirement,
provided it makes the findings referred to in the above-referenced section of the Texas
Alcoholic Beverage Code. Staff is not aware of any prior variances to the distance
requirement being granted in Colleyville, but a similar variance has recently been
granted in another city in the area.
Economic development information submitted by the applicant indicates that alcohol
sales would make up approximately 15% of the total sales at the restaurant, based on
actual figures generated by the Hurst location. Since the Colleyville restaurant
opened in December 2000, the average food sales per month are $102,090. The
applicant estimates that the average alcohol sales per month would be $15,313 at the
Colleyville location. A copy of this information is attached.
The applicant submitted a petition in support of the request. The petition contains
over 1,850 signatures, and includes both Colleyvflle and.area resident signatures. A
copy of the entire petition will be available for review at the meeting. A copy of one
sheet of the petition is attached for reference.
Staff mailed eight (8) notices to adjacent property owners regarding this request. One
letter of opposition has been received from First Baptist Church. A copy of the letter is
attached.
SURROUNDING CITY REGULATIONS
The table below summarizes the alcoholic beverage regulations for the seven
adjacent cities. Since each city's regulation is slightly different, notes are provided
below the table that further detail the city's requirements.
CITY DISTANCE FROM CHURCH DISTANCE FROM PUBLIC SPECIAL USE WAIVER PROVISION
AND PUBLIC HOSPITAL SCHOOL PERMIT IN CITY CODE
REQUIRED
Collevville 1.000 feet 1 ,000 feet yes no
Bedford 300 300 yes no
Euless 300 300 no ves
, Graoevine 300 300 yes yes
Hurst 300 300 no no
Keller 300 300 no response no
. North Richland Hills 300 300 no no
, Southlake local option election not held
1, Colleyville - SUP for on premise and off premise consumption
2. Bedford - SUP for restaurant use w/on-premise consumption
3, Bedford, Euless, Grapevine, Hurst - business and school distance measured from nearest property line of
school to the nearest public doorway of business, along street lines and in direct line across intersections
4, Colleyville, North Richland Hills - distance measured front door to front door in all cases
Agenda Briefing
Ordinance 0-01-1293
Page 4
IMPACT ISSUES
1. Master Plan. The proposal is compatible with the Master Plan, which indicates
retail and commercial uses for the property.
2. Surrounding Properties. The surrounding properties are zoned for retail and
commercial use. The property north and south of the site is zoned CC1, as is the
property to the west. The property across Colleyville Boulevard is zoned CPO and
is used for professional and medical/dental offices.
3. Development Trends. This area is experiencing significant development to the
southwest as The Village at Colleyville is under construction.
4. Infrastructure. The existing utilities in this area will adequately serve the
proposed development.
5. Current Zoning Suitability. The surrounding zoning is compatible with the
.. 'QPosal.
6. .;;;.conomic fJeve/opment. ThiS restaurant site has already had two restaurants
close - BJ Keefer's and Morgan's Steak House. Other than Taco Bell and Taco
Bueno, the competition in the Mexican food market comes mainly from Eduardo's,
which just added a full service bar (beer, wine, margaritas), and the recently
opened Rosa's Cafe (beer, margaritas, no wine), both of which are located in
Hurst. The sale of alcoholic beverages by these restaurants places a new
competitive hardship on Migeulito's that did not exist when they opened last year.
The Planning and Zoning Commission considered this Special Use Permit request at
its July 9, 2001, meeting and recommended approval by a unanimous vote.
According to the minutes of the meeting, the Commission's recommendation was
based on several considerations. Alcohol is already being consumed in the
restaurant, as patrons are allowed to bring in alcohol. The owner of the restaurant
cannot control trre': amount of alcohol a patron consumes or mixes into a beverage. By
granting the Special Use Permit, the Commission felt that the city would have more
control over the serving of alcohol at the restaurant by subjecting the dispensing of
alcohol to Alcoholic Beverage Code requirements and gain sales tax revenue from the
sale of alcoholic beverages. A copy of the minutes is attached.
Recommendation
Denial, due to technical non-compliance with the 1 ,OOO-foot distance requirement
Attachments
· Location Map
· Letter from Applicant
· Statement of Planning Objectives
· List of Property Owners Receiving Notice of Public Hearing
· Copy of Survey
· Economic Development Information
· Sample from Petition of Support
· Letter of Opposition
· Planning and Zoning Commission Minutes
· Proposed Ordinance 0-01-1293
Agenda Briefing
Ordinance 0-01-1293
Page 5
Location Map
.-.
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Letter from Applicant
Miguelito's Mexican Restaurant
5224 Colleyville Blvd.
Colleyville, TX 76035
July 2,2001
City of Colleyville
Community Development Department
P.O. Box 185
colleyville, TX 76035
To the Development Review Committee:
This letter serves as a formal request from Miguelito' s Mexican Restaurant asking for a
waiver of the distance requirement for the selling or dispersing of alcoholic beverages
where the place of business is located within 1000 feet of a church, public school or public'
hospital.
.Ai; recommended by the D RC, Miguelito' s has hired an independent land surveyor to
detennine the exact distance between the two establishments. We have included the
drawing from the contractor with this packet.
In addition, we have included signed copies of a petition containing over 1,850 signatures
that was circulated throughout the area and at the restaurant. We are pleased to have
found tremendous supporl throughout the community.
We would appreciate your consideration in granting the waiver. If you have any questions
please contact Michael Nevares or Lisa Loflin at (817-268-0404).
Thank?"
q;~ '
(/h'ael ~evares
Owner
Cc: Lisa Loflin
Enclosure
Statement of Planning Objectives
15. Miguelito's Mexican Restaurant at 5224 Colleyville Blvd.. Colleyville. TX would like to
acquire a liquor license to provide and sell alcohol on their establishment for the convenience
of their customers. Miguelito's being a family restaurant. not a bar. Miguelito's feels that by
being able to control the amount of alcohol provided in each drink and the amount of drinks a
customer has. Therefore providing a safer environment for everyone.
Miguelito's feels that by being able to sell alcohol, it will help us to increase revenue. help
increase taxes for the city. and keep the business in Colleyville versus going elsewhere.
Furthermore, in the past five (5) years we have been in Burst, we have established a reportable
name in Northeast Tarrant County. as being a wonderful Family Restaurant. providing quality
food, service, and price.
While providing alcohol during those five (5) years. we have acquired various awards. and
recognition from the city of Burst as well as surrounding cities as being a quality restaurant.
Those same qualities Miguelito's wishes to bring and keep in Colleyville for years to come.
16. Upon approval, Miguelito's would like to acquire their liquor license as soon as possible.
~:~:? 11~T'-~:--~~3:!;:<-~ ......TC)"\.1 ..,.::: 1:--~ ~.~: :1;~'~--iii;:.:J.ti;~--':1 ~lT- :~.::: i:~ j~..)l4:1--- ._~~J.~ ~" .'.~Ut':l:O.~ \L:~'~~"':J.D
Restaurant IS responsible IOr any questions and or further information required. Miguelito's is
leasing the property 5224 Colleyville Blvd. From property owner Larry Hartsell.
List of Property Owners Receiving Notice of Public Hearing
Bernard Partners XIII Ltd
210 W. 6th St., Ste 302
Fort Worth, TX 76102
5224 Colleyville Ltd
Brandon Hartsell
640 S. Ayrshire Street
Crosbyton, TX 79322
Keith Hudson
P.O. Box 1227
Colleyville, TX 76034
Jane & Andrew O-Pry
7141 Canyon Drive
Park City, UT 84098
First Baptist Church Colleyville
5300 Colleyville Blvd.
Colleyville, TX 76034
Charles Davidson
405 Shenandoah Drive
Burlesdon, TX 76028
Louis Miller
7800 B Tillman Hill Court
Colleyville, TX 76034
City of Colleyville
Village Monticello Prtns Ltd
920 S. Main S1., Ste 170
Grapevine, TX 76051
Copy of Survey
NOr SotIClI.Wrl'
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LDT 1 -R, BI..OCIC 1
F'IRST 9N'T1ST CHURCH
Of cou.E'l'VIU! ADorno",
CA8.'A', SUOE 3023
P.R.T.C.T.
.:go..:
LOT B-R
E.M. THOWPSON SUBOMSlON
CAB.'''', SUDE l.39il, P.A.T.C.T.
------
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ER OF WAIN DOOR....I
LOT A-R
DOOR TO DOOR 015T ANCE - 5224 COLLEYVILLE BLVD - Z-01-015
Economic Development Information
Miguellto's Mexican Restaurant
Colleyville, Texas
Estimated Net Sales Impact of Alcoholic Beveraie License
(Decemher, 2000 thru June, 2001)
($ Dollars)
Actual Estimated Act. + Est.
Date Food Sales Liquor Sales Total Sales
12/00 142,388 21,358 163,146
01/01 116,304 17,446 133,150
02/01 98,450 14,161 113,217
03/01 100,994 15,149 116,143
04/01 91, 922 13.788 105.710
'S;Ol -- 0-..... ~.:.:..7f< "". - .-.~...-
c:::. '.L~ . ~~ -.. -'~
..... ........--.-
Ob/Ol 79,500 11,925 91,425
Total $714,630 $107,194 $821,824
Average/mo $102,090 $15,313 $117,403
Notes
(1) Estimated Liquor sales based on 15% of Total Sales per
Miguelito's Hurst experience.
(2) Total Liquor Sales for the seven (7) months is a good estimate
of additional sales (revenue) that would have been generated
with the numher of actual customers who frequented the
restaurant during the seven months.
, (.....)
,.:>
I 1, I.. ) 111 1 .r
n reallty, sa es {revenues wouia have neen greater Ii: we
would have had a beverage license during this time period
since some potential customers chose to go elsewhere because
they could not have an alcoholic heverage with their meal.
Sample from Petition of Support
M"~'. MnkaII Rat.ral
5124 C''''''''. BhL
C~ TOM 16130t
817~-3000
[No~: this is 50 Df 1860 s/gnt1fu,
The remaining 1,810 tire 1tJt:Dtw/ in
ClNnmunity ~v. file # Z-OJ -015.
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Letter of Opposition
DC
July 9, 2001
rn@rnllW~
JUl - 9 210
~
Mr. Barry LaBaron
Community Development Manager
5400 Bransford
Colleyville, Texas 76034
CITY OF COlLEYVlUE
COMMUNITY DEVELOPMOO
By
Re: Case Number Z-01-01-015, Miguelito's Mexican Restaurant request for special
use permit for alcoholic beverage sales at 5224 Colleyville Boulevard.
Dear Mr LaBaron.
1 have a.._....;.~ ~orrespondenc\;; oetween Flrst Bapust Cht.rcn Colieyvilie and Mr.
Michael Nevares of Miguelito's Mexican Restaurant from last September regarding his
request to sell alcoholic beverages at the 5224 Colleyville Boulevard location. In that
correspondence, reference is made to the church's position on such request. I understand
that this issue is up for discussion in tonight's meeting.
Please let this letter serve as the church's protest to the granting of this license. In Mr.
Nevares' original correspondence, he asserts that the lack of a liquor license would make
it difficult to build a successful business. From all appearances, the lack of liquor sales
has not been a significant obstacle to that end.
In my letter of September 18th, reference is made to the fiduciary responsibility of
maintaining a safe environment for the ministries of the church. Our commitment to that
end has not wavered and Mr. Nevares was notified of such before he leased this location.
The consumption of alcohol coupled with the operation of a motor vehicle within 200
feet of a church campus necessitates our protest in order to avoid even the most remote
possibility of accident.
If you have any questions on this matter, please do not hesitate to contact me at 817-281-
4158. Thank you for your consideration of our position.
Best Regards.
~~
Bart K. McDonald
Pastor of Church Growth & Development
Cc: Donna Arp, Mayor, Jan Levy, Planning & Zoning Assistant
Letter of Opposition
Sep~ber18,2000
Michael Nevares
Miguelito's Mexican Restaurant
209 West Bedford Euless Road
Hur~ Texas 76053
Re: Your letter of September 14th and the Church's position on the issuance of a liquor license
for the Morgan Steakhouse Facility.
Dear Mr. Nevares:
Thank you for your kind letter of September 14,2000. I am excited about what God is doing in
your life, the life of your family and the blessings of your business. I commend you on utilizing
the everyday opportunities offurthering God's kingdom in the administration of your family and
your work. God will reward you for your faithfulness.
On the matter of the opportunity of your leasing the Morgan's Steak House facility which is
located adjacent to our church, I pray that God will lead you to make the decisions that honor
Him and fit your individual position. Regarding the church's position on the matter of the liquor
license, I must inform you that the church leadership would oppose the issuance of a liquor
license for a business located next to our campus. For safety's sake, this represents the only
position that meets the fiduciary responsibility of providing a safe environment for the weekly
activities that occur on our properties. F AI1H Christian School has over 500 young men and
women, grades one through twelve, that utilize our facilities five days a week. Our evening
programming includes a children's ministry which has preschool and elementary age children
who play games in the parking lots and who utilize playground facilities which are located
adjacent to major traffic areas. Given the closing of Pleasant Run and the tendency of motorists
to utilize our facilities as a cut-through, the liquor license becomes extremely problematic in that
it increases the probability of accidents on our property.
This position is consistent with our stance on every business which has sought liquor licensing. I
would regret our fellowship being stereotyped along the traditional Baptist position of total
abstinence from any intoxicating beverages. This is a highly individual decision and one that
every Christian must make for themselves. The Bible is clear that drinking is not in and of itself
a sinful activity - yet it is equally clear that those situations where drinking results in
drunkenness and activities which do not honor our Lord should be avoided. I pray that our
stance on this matter would not be perceived as being judgmental in any way - rather as being
astute and responsible in executing what we believe to be God's best for our ministry. My
sincere best wishes to you and your family and for God's leadership as you consider this matter.
In His Service,
~4'~
Bart K. McDonald
Pastor of Church Growth & Development
cc: Mr. Mike Soab
City of Colleyville
Planning & Zoning Commission Minutes
July 9, 2001
PUBLIC HEARING - A Special Use Permit for alcoholic beverage sales
for on-premise consumption, requested by Michael Nevares, on Lot AR, E.
M. Thompson Subdivision located at 5224 Colleyville Boulevard. Case Z-
01-015 - Miquelito's Mexican Restaurant
Clayton Husband presented the case to the Commission and reviewed the staff
briefing.
Commissioner Hill asked for clarification on the reason Colleyville has stricter
regulations than other surrounding cities. Commissioner Edwards offered her
comments on the history of Colleyville having an election to allow alcoholic beverage
sales and the reason for the regulations.
Chairman Hart asked the applicant to address the Commission. Michael Nevares
spoke regarding his restaurant in Hurst and the good relationship it has in the
community. He said that they have alcoholic beverage sales at the Hurst location and
have had no problems. He said that the customers of the Colleyville restaurant
encouraged him to pursue becoming permitted to have alcoholic beverage sales at
this !"~ation. He said that the ~urrent measurement is aoproximatelv thre'? times
.~~~ -:: :::~3~S J~ 7ex2: '+-20Li:--=r:e"lS :-:-: -:~alC ~"i~: tn:? M,-,-:;: r'~..:aTIon
alcoholiC beverage sales are only 15% of the gross sales receipts. Mr. Nevares said
that all employees will be required to have TAB certification from the State of Texas
and selling alcoholic beverages for on-site consumption will provide stricter regulations
than allowing customers to bring their own alcoholic beverages into the restaurant. He
said that the restaurant has a family atmosphere and is not conducive to rowdy
behaVior.
He presented a letter of good conduct given to him by the Hurst police department.
Mr. Nevares said that he has had discussions with the church and their concern was
about the 500+ students at the school using the church buildings and alcoholic
beverage sales may endanger their outside activities. Mr. Nevares said that the
students would be on the Pleasant Run side of the property where the playground is
located not the Colleyville Blvd. side. He also said that the private school is relocating
to Grapevine.
Discussion ensued by the Commission and Staff on how the distance between
alcoholic beverage sales and churches is calculated.
Chairman Hart opened the public hearing. Those present wishing to speak were:
Don Noblit. representing the applicant's landlorci. Larrv Hartsell, He said that the best
use of the property is a restaurant and the two prior tenants were unsuccessful aue to
the fact that they were not able to sell alcoholic beverages, He said that he and the
owners are enthused by Miquelito's use of the property and they feel that it is the best
use of the property, yet they are concerned about the liability issues raised by a BYOB
policy. He said that they prefer that Miquelito's were permitted to sell alcoholic
beverages and have control of the sales. He said that he has heard from several
people that Miquelito's is the best restaurant that the City has ever had as far as
revenues is concerned and the increased sales will add to the Colleyville tax base.
Mr. Noblit said that liquor by the drink helps the revenues of the restaurant. He said
that on a personal note, he could go to Applebee's and get a beer or a margarita, yet
he can't go to Miquelito's in Colleyville, so he ends up going to Hurst and spending his
money.
There being no one else present wishing to speak, the public hearing was closed.
Discussion ensued by the Commissioners about SUP's and if they were applicant
specific or stayed with the property. Barry LeBaron said that the SUP would be
attached to the property, similar to a zoning change, and the license by the Texas
Alcoholic Beverage Commission goes to the owner and when ownership changes, the
new owner needs to reapply to the TABC. Chairman Hart asked if there was any way
that they could condition the SUP that it is strictly for the applicant only? Mr. LeBaron
said that should not be done, but it could be done.
The Commission discussed the benefits of regulating alcoholic beverage sales verses
BYOB and Commissioner Gasper stated that liquor is currently being consumed on
premise, and that permitting a variance to city code to allow liquor by the drink, rather
than by the liter, would give more control over drinking. She said that it doesn't make
much sense to restrict the SUP to the current applicant because if it were good policy
for the City to allow Miquelito's to serve alcohol by the drink, the rational would apply
to the next restaurant that may take ownership on the property. She said that if it is in
the best interest of the City and the community at large to permit alcohol sales by the
drink at the location, it should be applicable to another restaurant and the regulations
improve the health and safety of the community rather than the current BYOB policy.
Commissioner Wall said the owner of the property made a very clear distinction that
the restaurant is a family run operation with a family atmosphere and not a bar
atmosphere. He said that is in part why the applicant was asking for a SUP and
continue that type of atmosphere and if it were another restaurant, it may not be that
type of an operation.
Commissioner Gasper said that the site will presumably be used as a restaurant in the
future and if they look at other restaurants on Colleyville Boulevard, Applebee's would
not be considered to be a bar kind of atmosphere even though it has more of a bar
area than Miquelito's does. She said that Colleyville doesn't strike her as a place
where bars fit into the community and a rowdy bar place would not do well in the City.
Chairman Hart said that no matter if the restaurant does change hands, there is still a
60% food sale to 40% alcoholic beverage sales regulation in the City of Colleyville.
There was agreement that the Commission should not divert from that regulation.
Commissioner Gasper said that they need to be as consistent as possible and the big
issue is when you look at the numbers, every body else but Colleyville has a 300'
requirement and there is no good rational presented other than 1,000' is the maximum
that is permitted under State law. She said that they also need to look at the
competitive climate that the City is in and to what extent does Colleyville want to have
nice sit down restaurants, and if the owner wants to serve liquor by the drink, it is
clearly a plus. Commissioner Gasper said that it is very difficult to have a quality
restaurant where the patrons cannot buy liquor by the drink. She said that she always
wondered why Grapevine has a restaurant row and Colleyville doesn't, and now she
knoWs that it is because they only need 300' from schools and churches. Chairman
Hart said they also have highways. She said that if one looks at Colleyville's
highways, they have a lot of churches and schools on them and to the extent they
support religious activity and education, which are good, it impedes the ability of
Colleyville to expand its tax base. Commissioner Gasper said that they need to look
at what is the best use of the property and they've been told that is restaurant use.
Commissioner Edwards asked the Commission to also consider that alcoholic
beverages are already being consumed at Miquelito's now and the City is not getting
any sales tax from it because it is not being served by the restaurant and they will
have a lot more control over it. Commissioner Hill said that he agrees. Commissioner
Edwards said that the City is having so much trouble with commercial development
and this particular restaurant has been so successful, she would like to do everything
they can to encourage them. Commissioner Hill seconded those views and said that
he is fortunate to know Mr. Nevares and Hurst operation for several years and they do
a fantastic job in Hurst. He said they are just the type of restaurant the City of
Colleyville wants. Commissioner Hill said this location is the center of the town, the
most commercial part of Colleyville for now and in the future and to the extent that the
church is a good neighbor there, they have to accept where their location puts them in
relationship to other things in the City as well. He said that he is in favor of granting
the SUP.
Commissioner Gasper moved to recommend approval of the SUP, Case Z-01-
n~~ ___-..,.,rr"!, f~~:'.'j'" .l...;;j:' .-..~.,c...., -~.......i.n ~,..,.,,;J......, -......~, .."",.-:-- . c.. ~"
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Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart
Noes: None
ORDINANCE 0-01-1293
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR A
ALCOHOLIC BEVERAGE SALES FOR ON-PREMISE CONSUMPTION ON LOT AR,
E.M. THOMPSON ADDITION; PROVIDING FOR A PENALTY FOR VIOLATIONS
AND AUTHORIZING PUBLICATION
WHEREAS, an application for a zoning amendment was filed by Michael Nevares,
representing Miguelito's Mexican Restaurant, on June 15, 2001,
requesting a Special Use Permit for alcoholic beverage sales for on-
premise consumption under Case No. Z-01-015; and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land Development
Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and made
a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1,
Sec. 2.
Sec. 3.
THAT the Master Plan, the Land Development Code 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 as Lot AR, E.M. Thompson Addition
(5224 Colleyville Boulevard), by authorizing a Special Use Permit for
Alcoholic Beverage Sales for on-premise consumption, subject to the
following conditions:
a. A waiver from Section 3,2 of the City of Colleyville Code of
Ordinances regarding the proximity of place of business to public
schools, churches or hospitals.
THAT this property shall be ~ubject to all the regulations contained in
the Colleyville Land Development Code and the CC1 Village Retail
District, except where amended by this ordinance.
THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Land Development Code
of the City of Colleyville shan be guilty of a misdemeanor and upon
conviction thereof shall be fined 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:
Ordinance 0-01-1293
Page 2 of 2
Sec. 4
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
2001.
day of
The second reading and public hearing being conducted on the
,2001.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cvnthi? Sin91eton
Donna Am
-,
'oJ
~j~
;\;';S\/:.
APPROVED AS TO FORM AND LEGALITY:
Ross 1. Foster
City Attorney
Exhibit A
Zo .
nmg Map
CIty fJ{
~.~,
(, jJfiWr""~"U .fI1'~
~~CT~
CITY COUNCIL Tn"' AGENDA BRIEFING
For mt . ,
Item #: I
Report: .
09/11/01
I CMO Approval: i
I
i
21
Previous Action: None
DEPT. :
FINANCE
SUBJECT:
Monthly Financial Report - August 2001
General Fund
The percentage of current year taxes collected is slightly behind that of August 2001
and it appears unlikely that collections will reach 99% of the roll. Sales tax revenue
received in August 2001 was up by $6,472/3.72% over the amount received in 2000,
and is down year-to-date by almost 2%. Residential permits are down by one over
August 2000 and are down for the year by sixty-nine. Municipal Court revenues are
down due to fewer citations issued in prior months, and are unlikely to rebound as
citations are down for the year. The average amount expended by the departments at
the end of August is 84.4%.
Utility Fund
Water sales and usage are now up, despite rain received from November 2000 through
February 2001 and cooler temperatures as compared to the same time period last year.
Building related water revenues continue to be down, The average amount expended
by the Utility Fund at the end of August is 82.8%.
~~
:;::
CITY MANAGER
(x'/A: ~ljAL
DEPART~ D
FINANCIAL REVIEW (IF NECESSARY)
MONTHLY FINANCIAL REPORT - AUGUST 2001
GENERALFUND
REVENUE SOURCE
FY2001
BUDGET
RECEfVED
AS OF
8/31/01
. PROJECTED
ASOF
8/31/01
RECEfVED
AS OF
8/311DO
PERCENT
CHANGE
Current Taxes
Delinquent Taxes
Penalty & Interest
$4,906,127
31,000
30,000
$4,924.449
37.315
31,845
$4.852,160
30,500
29,000
$4.458,082
33,259
32.420
1 0 .46~
12.20";
.177':0
TOTAL AD VALOREM TAXES
$4+967,127
$4,993,6D9
$4,911.660
$4.523,761
10.39%
TU Electnc $665.000 $732,015 $665,000 $656.715 11.4 7~
Tn.County Electnc 30,393 36.498 30,393 27,630 321 O~
Lone Star Gas 110.000 162.965 110,000 105.7l3 54, 16~
Southwestern Bell 156,767 98.458 117,575 151.079 34.83:;:,
General Telephone 22,895 54,721 22.895 23,924 12873%
Refuse 86,009 73,548 71.674 72,891 0.90%
Cable TV 120,798 142,227 120,798 116,843 21.72%
TOTAL FRANCHISE TAXES $1.191.862 $1,300,432 $1,138,335 $1.154,795 12.61 %
I I I
.+ - ,~ - . -. - ,-
,.'liAv.......; ..Je'Jeri:1ge: 10;", J..J.4Uu 26,78,,- 18,400 18,053 48.35';~
TOTAL SALES TAX $1,809,891 $1,461,151 $1,558,587. $1.477,940 + LIt:.
3~ !C n" $793.000 $484,123 $722.850 $724,916 33,22%
'"
PlumbTg 140,712 107,927 128.264 139.669 .22,73%
Electr'ca 98,800 71,745 90,060 98.362 .27,06%
:::Ity L.,~-?lse 37,000 33.556 33.727 37,944 11. 56%
Bu lid I ng Plan ReView Fee 149,000 24.664 136.583 100.436 .75.44%
"ew BUSiness 1,000 273 917 887 .69.22%
jI,nlmai 1,650 1.660 1.513 1.987 .1646%
Sign Permit 2,500 3,570 2.292 3.125 14.24%
Fence Perm t 3,300 4,822 3,025 4.431 8.82%
FIre Perm ts 525 251 481 750 66.53%
T()T,D.,_ i..ICENSES & PERMITS $1.227,487 $732,591 $1,119,712 $1.112,507 ,34.15%
Fines $465,250 $496,682 $426.479 $508.126 .2.25%
- i 6,Q:='... I 3.300 I '3.~ .82-
.....; ~ '- $49:.9:21
TOTAL FINES $472,800 .1 $433,400 $511,4261 .2.44%
MONTHLY FINANCIAL REPORT - AUGUST 2001
REVENUE SOURCE
RECEIVED PROJECTED RECEIVED
FY2001 AS OF AS OF ASOF PERCENT
8UDGET 8/31/01 8131101 8/31/00 CHANGE
$13,200 $11.500 $12,100 $13,000 .11,54%
20,750 14,723 19,021 19.927 .2612%
1.250 875 1.146 1. 750 .50.00%
3,000 3,527 2.750 3.246 8,66%
7,500 1.026 2,000 635 61.57%
3,550 4,356 3.254 2,980 46,17%
65,000 63,119 59.583 71.203 .11.35%
120,600 129,085 115,000 98,452 31.11%
17,810 9.160 8.905 19.560 .53,17);
24.000 18.375 18,000 19,195 4,27%
85,000 92.161 77,917 94,873 .2.86%
12.000 4,110 11 ,000 13,464 .6947%
176,600 147,093 161.883 170,307 .13.63%
32,500 21.250 16,042 31.250 .32,00%
$582,760 ' $520,360 $508.601 $559,842 ' .),05%
Re.zoning
Plat Fee/Site Plan
Board of Adjustment
Sale of Material
Weed MOWing
Animal Impoundment
Ambulance
Recreation Program
Non.Resldent Fee Parks
Field Use Charge
Engineering & Inspection
Chgs & Reimbursements
Commumlty Center Rental
Lot Drainage Insp Fee
TOTAL CHARGES FOR SERVICE
::;ARE Qfflcer Relmo $60.775 $60,775 $60,775 $57,881 5.00%
TOTAL INTERGOVERNMENTAL $60,775 $60,775.' $60,775 $57,881 5,00%
Sale of Surplus Property $10.000 $8,870 $8,500 $0 100.00%
1 nterest Income 330,000 273,285 270,000 217.916 25,41 %
Miscellaneous 14,500 14,671 13,292 15,478 .5,21%
Use c' Fund Balance FY 2000.Murray 195,000 0 0 0 0.00%
Celebrate Colleyvllle Contributions 20,000 21,440 20.000 7.000 206.29%
Murray Const LaWSUit Settlement 150,000 150,000 150.000 195,000 100.00%
Tower Renta I 63,250 46,520 57,979 44,849 3.73%
TOTAL MISCELLANEOUS $782,750 $514.786 $519,771 $480,243
iransler trom Utility Fd $418,458 $0 $0 $0 0.00%
TOT AL TRANSFERS $418,458 $0 $0
MONTHLY FINANCIAL REPORT - AUGUST 2001
TOTAL PERCEW
THROUGH THROUGH INCREASE INCREASE
8/31/01 8/31/00 (DECREASE) (DECREASE'
% OF CURRENT TAX ROLL COLLECTED 98.70% 9877% .0,07% .0.07%
RESIDENTIAL BLDG PERMITS 168 237 (69) .2911 %
COMMERCIAL BLDG PERMITS 5 11 (6) .54,55%
PLUMBING PERMITS 959 1.002 (43) .4,29%
ELECTRICAL PERMITS 460 540 (80) 14,81 %
CITATIONS ISSUED 7.710 7,931 (221) .2,79%
CITATIONS APPEALED 141 159 (18) .11.32%
GENERAL FU NDEXPENSES
~v,P:f\J~,::n YE,'::"RTC' :<6::': %'EXP~NC""E~'
- .. -, -,~ ,. -- - - .- .-
-, :"~: t...J......~_
. --'. --'
BU DGET 8/31101 EXPENDITURES YEAR COMPLETED REMAINiNG
City Council and Secretary $313.390 $276,908 $278,192 884% $36,48.
City Manager 563,980 380,932 383,842 67.5% 183.048
Finance 451.409 405,619 408.4 79 89,9% 45.790
80,000 55,529 I 66.667
L-ega 694% 24471
Economic Development 135,294 123,502 118.722 91.3% 11 ,792
Eng'neerrng 644,043 564,767 564,666 87,7% 79.276
3uilCilg Inspection 287.741 253,822 253.243 88.2% 33,919
Community Development 364,898 340.613 340,567 93.3% 24,285
Fire 2.404,734 2,370,327 2,355,263 98,6% 34407
Police 2,512,521 2474,394 2.467.313 98,5% 38,127
Parks 920,895 742,968 789,765 80,7% 177,927
Recreation 244,564 225.633 223,882 92,3% 18,931
Marketing 88.102 85,635 85.582 97,2% 2.467
Community Center 282,567 245,549 248423 86.9% 37,018
Streets & Drainage 1.153.903 966.786 965,888 838% 187,117
Municipal Court 114,550 102.473 103,654 89,5% 12,077
Fleet Maintenance 123.825 111.111 112474 89,7% 12,714
'?5.CC'C 0 01 r Ocr I 95.00C
v'. /0
Compensation Study 739,374 0 0 0,0% 739,374
TOTAL EXPENSES $11,520.790 $9,726,568 $9.766,621 84-4% $1,794,222
MONTHLY FINANCIAL REPORT - AUGUST 2001
UTtLlTYFUND
REVENUESOURCE
Water Sales
Sewer Sales
Sewer Installation
Water Installation
Sewer Tle.on Charges
Engineering Charges
Pena Itles
Miscellaneous
TOTAL OPERATlNG.INCOME
I nterest Income
Use of Fund Balance (Capital ProJects)
TOTAL NON.OPERATING1NCOME
T((1'"AL INCOME
RECEl VED PROJECTED
. PY2000 ASOP ASOP
BUDGET 8/31/01 8/31/01
$5,181.138 $5.207,771 $4.701.590
1,695,523 1,654,768 1.554,229
26,000 21. 600 23.833
61.600 41. 300 56.467
30.750 41.304 28,188
35,000 40,628 32,083
147,100 139,748 134,842
8.200 8,819 7,517
$7.185,311 $7,155,938 $6.538,749
$300,000 $348,130 275.000
825.000 0 0
$1,125,000 $348. 130 $275,000
$8.310,311 I $7,504,068/ $6.S13,749l
RECEiVED
AS OF
S/31/00
$5,208,982
1. 791. 908
22,400
73.452
48,327
42,024
126,605
10,897
$7,324,595
$359,742
o
$359,742
$7.684,337
PERCENT
CHANGE
002%
765%
3.57%
.43.77%
.14.53%
.3.32%
10 38%
.19,07%
,2,30%
.3.23%
0.00%
~3.23%
.2.35%
G.ALLONS OF WATER SOLD
NUMBER 0;:- WATER CUSTOMERS
THROUGH
8/31/01
THROUGH
8/31/00
TOTAL
INCREASE
(DECREASE)
(23,123,800)
194
PERCENT
INCREASE
(DECREASE)
.1.39%
2.68%
1.643,966,600 1.667,090.400
7.443
7,249
RESOLUTION R-01-1842
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
SEPTEMBER 11,2001
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
_AYES,
DAY OF
NAYS, AND ABSTENTIONS,
, 2001, BY A VOTE OF
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor