city of the colony city council agenda ......regular session of the city council agenda meeting...

CITY OF THE COLONYCITY COUNCIL AGENDA

TUESDAY, MARCH 5, 20196:30 PM

TO ALL INTERESTED PERSONSNotice is hereby given of a REGULAR SESSION of the CITY COUNCIL of the City of The Colony,Texas to be held at 6:30 PM on TUESDAY, MARCH 5, 2019 at CITY HALL, 6800 MAIN ST., THECOLONY, TX, at which time the following items will be addressed:

1 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS

1.1 Call to Order

1.2 Invocation

1.3 Pledge of Allegiance to the United States Flag

1.4 Salute to the Texas Flag

1.5 Items of Community Interest

1.6 Receive a presentation from the Library regarding current and upcoming programs, events, and serviceimprovements. (Margolis)

2 WORK SESSIONThe Work Session is for the purpose of exchanging information regarding public business orpolicy. No action is taken on Work Session items. Citizen input will not be heard during thisportion of the agenda.

2.1 Council to provide direction to staff regarding future agenda items. (Council)

3 CITIZEN INPUTThis portion of the meeting is to allow up to five (5) minutes per speaker with a maximum ofthirty (30) minutes for items not posted on the current agenda. The council may not discuss theseitems, but may respond with factual data or policy information, or place the item on a futureagenda. Those wishing to speak shall submit a Request Form to the City Secretary.

4 CONSENT AGENDAThe Consent Agenda contains items which are routine in nature and will be acted upon in onemotion. Items may be removed from this agenda for separate discussion by a Council member.

4.1 Consider approving City Council Special Session and Regular Session meeting minutes for February 19,2019. (Stewart)

4.2 Consider approving Council expenditures for the month of December/January 2019. (Council)

4.3 Consider approving a resolution authorizing the City Manager to approve expenditure of HOT Tax1

REGULAR SESSION of the CITY COUNCIL AgendaMeeting Date: 03/05/2019

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funds for marketing of The City of The Colony for LPGA sponsorship recruitment in the amount of$24,824.00. (Shallenburger)

4.4 Consider and act on an ordinance authorizing the Mayor to sign a Boundary Adjustment Agreement byand between the municipalities of The City of The Colony and City of Frisco concerning approximately2.043 acres of land located within the City of Frisco. (Williams)

5 REGULAR AGENDA ITEMS

5.1 Conduct a public hearing, discuss and consider approving an ordinance to allow the text amendments toPlanned Development District No.25 (Ordinance No 2011-1927); by amending Section XVII,Subsection (7) entitled “Building Codes,” by adopting the 2015 edition of the International EnergyConservation Code and local amendments to the code. (Williams)

5.2 Discuss and consider approving a resolution authorizing the City Manager to enter into an agreementwith Carollo Engineering for Professional Services pertaining to design and engineering services forStewart Creek Wastewater Treatment Plant Expansion Phase 2A – Dewatering in the amount of$2,489,571.00 with funding approved as part of the 2018-2019 CIP budget. (Groeschel)

5.3 Discuss and consider approving a resolution amending the 2018-19 Fee Schedule to include fees for thepurchase of City of The Colony flags. (Perez)

5.4 Discuss and consider appointments to the various Council appointed boards. (Council)

6 EXECUTIVE SESSION

6.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TexasGovernment Code to seek legal advice from the city attorney regarding pending or contemplatedlitigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City ofThe Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.

7 EXECUTIVE SESSION ACTION

7.1 A. Any action as a result of executive session regarding pending or contemplated litigation - Appeal ofBrazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v.Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.

EXECUTIVE SESSION NOTICEPursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of theabove items may be considered in executive session closed to the public, including but not limitedto consultation with attorney pursuant to Texas Government Code Section 551.071 arising out ofthe attorney’s ethical duty to advise the city concerning legal issues arising from an agenda item.Any decision held on such matter will be taken or conducted in open session following theconclusion of the executive session.

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REGULAR SESSION of the CITY COUNCIL AgendaMeeting Date: 03/05/2019

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ADJOURNMENTPersons with disabilities who plan to attend this meeting who may need auxiliary aids such asinterpreters for persons who are deaf or hearing impaired, readers or, large print are requested tocontact the City Secretary’s Office, at 972-624-3105 at least two (2) working days prior to themeeting so that appropriate arrangements can be made.

CERTIFICATIONI hereby certify that above notice of meeting was posted outside the front door of City Hall by5:00 p.m. on the ___ day of __________, 2019.

____________________________________Tina Stewart, TRMC, City Secretary

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Agenda Item No:1.6

CITY COUNCIL Agenda Item ReportMeeting Date: March 5, 2019Submitted by: Tina StewartSubmitting Department: City Secretary Item Type: AnnouncementAgenda Section:

Subject:Receive a presentation from the Library regarding current and upcoming programs, events, and serviceimprovements. (Margolis)

Suggested Action:

Attachments:

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Agenda Item No:2.1

CITY COUNCIL Agenda Item ReportMeeting Date: March 5, 2019Submitted by: Mayra SullivanSubmitting Department: City Secretary Item Type: DiscussionAgenda Section:

Subject:Council to provide direction to staff regarding future agenda items. (Council)

Suggested Action:

Attachments:

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Agenda Item No:4.1

CITY COUNCIL Agenda Item ReportMeeting Date: March 5, 2019Submitted by: Mayra SullivanSubmitting Department: City Secretary Item Type: MinutesAgenda Section:

Subject:Consider approving City Council Special Session and Regular Session meeting minutes for February 19, 2019.(Stewart)

Suggested Action:

Attachments:February 19, 2019 Board Interview Minutes.doc

February 19, 2019 DRAFT Minutes.docx

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/315117/February_19__2019_Board_Interview_Minutes.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/315104/February_19__2019_DRAFT_Minutes.pdf

MINUTES OF CITY COUNCIL SPECIAL SESSION HELD ON

FEBRUARY 19, 2019

The Special Session of the City Council of the City of The Colony, Texas, was called to order at 6:01 p.m. on the 19th day of February, 2019, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call:

Joe McCourry Mayor PresentKirk Mikulec Councilmember PresentRichard Boyer Councilmember PresentBrian Wade Mayor Pro-Tem PresentDavid Terre Deputy Mayor Pro Tem PresentPerry Schrag Councilmember Present (arrived at 6:05 p.m.)Joel Marks Councilmember Present (arrived at 6:05 p.m.)

And with seven council members present a quorum was established and the following items were addressed:

1. Call to Order – Mayor McCourry called the meeting to order at 6:01 p.m.

2. City Council to conduct interviews for appointments to the following advisory board:

Planning & Zoning Commission

Executive Session was convened at 6:01 p.m.Executive Session:

3. The City Council shall convene into closed executive session pursuant to Section 551.074 of the Texas Government Code to conduct interviews and to deliberate the appointment, evaluation, reassignment, or duties of the following board members:


Regular Session was reconvened at 6:34 p.m.4. Any action as a result of executive session regarding the appointment, evaluation,

reassignment, or duties of the following advisory boards:


Motion to appoint David Stanwick, Place 6, to the Planning and Zoning Commission–Wade;second by Mikulec motion carried with all ayes.

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5. Adjourn

And with no further business to discuss the meeting was adjourned at 6:35 p.m.

APPROVED:

________________________________Joe McCourry, MayorCity of The Colony

ATTEST:

____ Tina Stewart, TRMC, City Secretary

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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action will be taken and no direction will be given regarding these items.

MINUTES OF CITY COUNCIL REGULAR SESSION HELD ON

FEBRUARY 19, 2019

The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:35 p.m. on the 19th day of February, 2019, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call:

Joe McCourry, MayorKirk Mikulec, CouncilmemberRichard Boyer, CouncilmemberBrian Wade, Mayor Pro TemDavid Terre, Deputy Mayor Pro TemPerry Schrag, CouncilmemberJoe Marks, Councilmember

PresentPresentPresent PresentPresentPresentPresent

And with 7 council members present a quorum was established and the following items were addressed:

1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS1.1 Call to Order

Mayor McCourry called the meeting to order at 6:35 p.m.

1.2 InvocationCouncilman Boyer provided the invocation.

1.3 Pledge of Allegiance to the United States FlagThe Pledge of Allegiance to the United States Flag was recited.

1.4 Salute to the Texas FlagSalute to the Texas Flag was recited.

1.5 CoServ - Capital Credit Check PresentationCoServ Community Support Specialist, Julie Willis and Board Director of District 2, Leon Pelzel, presented the City of The Colony with a check for $8,267.10 from the financial overages collected by the community and schools serviced in the area. Mayor McCourry accepted the check on the City's behalf.

1.6 PTA Founder's Day ProclamationMayor proclaimed February 21, 2019 as PTA Day in The Colony. Lewisville Independent School District Board members Sara Olley and Erica Erlinger accepted the proclamation.

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City Council – Regular Meeting Agenda

February 19, 2019Page| 2

1.7 Recognize The Colony Municipal Court for receiving honorable mention in the 2019 Texas Municipal Traffic Safety Initiative Awards presented by the Texas Municipal Courts Education Center.City Secretary, Tina Stewart, recognized Municipal Court Administrator, Constance White and her staff for receiving an honorable mention in the 2019 Texas Municipal Traffic Safety Initiative Awards. The honor is presented by the Texas Municipal Courts Education Center, and marks the first time the city has turned in a traffic safety initiative submission.

1.8 Items of Community Interest

1.8.1 Receive presentation from Parks and Recreation regarding upcoming events and activities.Special Events Coordinator, Lindsey Stansell provided upcoming events and activities to the Council.

Councilman Marks recognized several students of The Colony High School wrestling team who will be attending the Texas State Wrestling Championship this month.

2.0 WORK SESSION2.1 Council to provide direction to staff regarding future agenda items.

None

3.0 CITIZEN INPUT

4.0 CONSENT AGENDAMotion to approve all items from the Consent Agenda- Schrag; second by Wade, motion carried with all ayes.

4.1 Consider approving City Council Regular Session meeting minutes for February 5, 2019.

4.2 Consider approving a resolution authorizing the City Manager to execute a renewal contract for services and designating the Dallas Morning News as the city's official newspaper.

RESOLUTION NO. 2019-016

4.3 Consider approving a resolution authorizing the City Manager to execute a Professional Services agreement with Halff Associates to prepare construction plans, specifications and construction administration for the Cascades-Grandscape Trail in the amount of $79,000, utilizing Park Dedication funds as previously approved in the city budget.

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4.4 Consider approving a resolution authorizing the City Manager to execute a tax abatement agreement by and between the City of The Colony, Texas and Uber, Inc. (Riflegear).


5.0 REGULAR AGENDA ITEMS5.1 Conduct a public hearing, discuss and consider approving ordinance amendments

to Planned Development -18 (PD-18) and Planned Development-23 (PD-23) District aka Tribute (Ordinance no. 2015-2176), amending Exhibit B “Revised Development Regulations for PD-18 and 23” to allow 40-foot and 41-foot wide lots within Phase 3 and 4 of the Westbury Village within the Tribute Community.Senior Planner, Isaac Williams, presented the proposed ordinance to Council. Mr. Williams gave an overview of the current lot sizes and the proposed changes requested by Matthew Southwest. The amendments are intended to expand the overall lot variety within the development, adjacent to the proposed mixed use Tribute Town Center. The Development Review Committee recommends approval of the proposed amendment. On January 22, 2019, the Planning and Zoning Commission voted 4-0 to recommend approval of the Planned Development 18 and 23 amendments.

The public hearing was opened and closed at 7:01 p.m. with no speakers.

Motion to approve- Mikulec; second by Schrag, motion carried with all ayes.

ORDINANCE NO. 2019-2351

5.2 Discuss and consider appointments to the various Council appointed boards.**Item was postponed - to be brought back at the next council meeting**

Motion to postpone- Mikulec; second by Terre, motion carried with all ayes.

Executive Session was convened at 7:08 p.m.6.0 EXECUTIVE SESSION6.1 A. Council shall convene into a closed executive session pursuant to Section

551.071 of the Texas Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.

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B. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding motor assisted scooters.

C. Council shall convene into a closed executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property.

Regular Session was reconvened at 8:12 p.m.7.0 EXECUTIVE SESSION ACTION7.1 A. Any action as a result of executive session regarding pending or contemplated

litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.No Discussion

B. Any action as a result of executive session regarding motor assisted scooters.

Motion to approve a resolution authorizing the Mayor and/or City Manager to execute a real estate sales contract and any and all documents necessary for the acquisition of an approximately 4.9606 acre tract of land comprising Lot 1, Block 1 of the Trinity North Medical Addition.


C. Any action as a result of executive session regarding the purchase, exchange, lease, or value of real property.None

ADJOURNMENTWith there being no further business to discuss the meeting was adjourned at 8:13 p.m.

APPROVED:

________________________________Joe McCourry, MayorCity of The Colony

ATTEST:

_______________________________Tina Stewart, TRMCCity Secretary

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Agenda Item No:4.2

CITY COUNCIL Agenda Item ReportMeeting Date: March 5, 2019Submitted by: Tina StewartSubmitting Department: City Secretary Item Type: ExpendituresAgenda Section:

Subject:Consider approving Council expenditures for the month of December/January 2019. (Council)

Suggested Action:

Attachments:Council's Expenditures January 2019.pdf

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/313898/Council_s_Expenditures_January_2019.pdf

Agenda Item No:4.3

CITY COUNCIL Agenda Item ReportMeeting Date: March 5, 2019Submitted by: Brant ShallenburgerSubmitting Department: General Admin Item Type: ExpendituresAgenda Section:

Subject:Consider approving a resolution authorizing the City Manager to approve expenditure of HOT Tax funds formarketing of The City of The Colony for LPGA sponsorship recruitment in the amount of $24,824.00.(Shallenburger)

Suggested Action:

Attachments:Res 2019-xxx Hotel Occupancy Tax Expenditure - LPGA Founders Cup.docx

57

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/316137/4.3_Res_2019-xxx_Hotel_Occupancy_Tax_Expenditure_-_LPGA_Founders_Cup.pdf

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CITY OF THE COLONY, TEXAS

RESOLUTION NO. 2019-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING AN EXPENDITURE FROM THE LCOAL HOTEL OCCUPANCY TAX FUND, CHAPTER 351 OF THE TEXAS TAX CODE, FOR THE LPGA FOUNDERS CUP IN PHOENIX ARIZONA; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Council hereby determines that the adoption of this Resolution and the related expenditure for the LPGA Founders Cup in Phoenix, Arizona is consistent with all of the applicable requirements of Chapter 351 of the Texas Tax Code; and

WHEREAS, the City Council hereby determines it is in the best interest of the City of The Colony, Texas, to adopt this Resolution approving the expenditure from the City’s Local Hotel Occupancy Tax Fund, in the amount of $24,824.00 for the LPGA Founders Cup in Phoenix, Arizona.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF THE COLONY, TEXAS, THAT:

SECTION 1. The findings set forth above are incorporated into the body of this Resolutionas if fully set forth herein.

SECTION 2. The City Council of the City of The Colony, Texas, does hereby approve the expenditure of $24,824.00 from the City’s Local Hotel Occupancy Tax Fund for the LPGA Founders Cup in Phoenix, Arizona, a copy of information concerning said event is attached hereto as Exhibit A.

SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this Resolution, or application thereto to any persons or circumstances, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Resolution; and the City Council hereby declares it would have passed such remaining portions of this Resolution despite such invalidity, which remaining portions shall remain in full force and effect.

SECTION 4. This Resolution shall become effective immediately upon passage.

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 5th day of MARCH, 2019.

Joe McCourry, Mayor

ATTEST:

Tina Stewart, TRMC, City Secretary

APPROVED AS TO FORM:

Jeff Moore, City Attorney

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Exhibit A

[LPGA Founders Cup Information]

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Agenda Item No:4.4

CITY COUNCIL Agenda Item ReportMeeting Date: March 5, 2019Submitted by: Isaac WilliamsSubmitting Department: Development Services Item Type: ResolutionAgenda Section:

Subject:Consider and act on an ordinance authorizing the Mayor to sign a Boundary Adjustment Agreement by andbetween the municipalities of The City of The Colony and City of Frisco concerning approximately 2.043 acresof land located within the City of Frisco. (Williams)

Suggested Action:Detailed information regarding the Boundary Adjustment is included in the attached Boundary AdjustmentAgreement. Staff recommends approval of the Boundary Adjustment Agreement.

Attachments:The Colony - Boundary Adjustment Agreement with Frisco-Final.doc

FriscoLandSwap-Tribute.pdf

Ord 2019-xxxx Approving Boundary Adjustment Agreement with Frisco Final.docx

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/315589/The_Colony_-_Boundary_Adjustment_Agreement_with_Frisco-Final.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/315590/FriscoLandSwap-Tribute.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/316140/4.4_Ord_2019-xxxx_Approving_Boundary_Adjustment_Agreement_with_Frisco_Final.pdf

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STATE OF TEXAS § BOUNDARY ADJUSTMENT AGREEMENT § BY AND BETWEEN THE MUNICIPALITIES

COUNTY OF DENTON § OF THE COLONY AND FRISCO

WHEREAS, the City of The Colony, Texas (“The Colony”) is a home-rule municipality

created pursuant to Article XI, Section 5 of the Texas Constitution, and located in Denton County,

Texas; and

WHEREAS, the City of Frisco, Texas (“Frisco”) is a home-rule municipality created

pursuant to Article XI, Section 5 of the Texas Constitution, and located in Denton and Collin

Counties, Texas; and

WHEREAS, both The Colony and Frisco are empowered to enter into agreements

concerning their respective corporate limit boundaries by, but necessarily limited to, the authority

granted them pursuant to Chapter 791 of the Texas Government Code (“Interlocal Cooperation

Act”) and Chapter 43 of the Texas Local Government Code, to enter into agreements with one

another to perform governmental functions such as the determination of extraterritorial jurisdiction

(“ETJ”) boundaries and corporate limit boundaries; and

WHEREAS, The Colony and Frisco are empowered pursuant to Section 43.015 of the Texas

Local Government Code to make mutually agreeable changes in the boundaries of areas that are less

than 1,000 feet in width; and

WHEREAS, The Colony and Frisco, by virtue of Section 43.003 of the Texas Local

Government Code and their respective home-rule charters, are empowered to fix their respective ETJ

boundaries and corporate limit boundaries, extend their respective ETJ boundaries and corporate

limit boundaries, and exchange areas with other municipalities; and

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WHEREAS, The Colony and Frisco share common boundaries; and

WHEREAS, The Colony and Frisco have identified an area that is within Frisco’s corporate

limits (hereinafter referred to as “Tract 1”); and

WHEREAS, a legal description and depiction of Tract 1 is attached hereto Exhibit A, and is

incorporated herein for all purposes, and is made the subject of this Boundary Adjustment

Agreement by and between The Colony and Frisco (hereinafter referred to as the “Agreement”); and

WHEREAS, The Colony and Frisco agree that it is in the best interests of both communities

to exchange and transfer the property described in this Agreement in order to square up boundary

lines and promote orderly development and delivery of municipal services within the exchanged and

transferred areas; and

WHEREAS, The Colony and Frisco wish to avail themselves of the rights and privileges

afforded by the Interlocal Cooperation Act and other applicable state laws, including but not limited

to Section 43.015 of the Texas Local Government Code, and both have determined that this

Agreement is in each party’s best interests, as well as in the best interests of their respective citizens.

W I T N E S S E T H:

NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein

made and the benefits to each party resulting here from, and the recitals set forth above which are

made contractual provisions of this Agreement, The Colony and Frisco do hereby contract, covenant

and agree as follows with respect to Tract 1 as described and depicted in Exhibit A:

1. Tract 1 (2.034 Acres). Through this Agreement, Frisco and The Colony agree that

Tract 1, which is located within Frisco’s corporate limits and which is less than 1,000 feet in width,

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shall be placed into the corporate limits of The Colony as a mutual boundary adjustment as of the

effective date of the Agreement without any further action needed by either municipality, and Frisco,

through this Agreement, hereby releases, relinquishes and discontinues any claim or entitlement to

Tract 1 as being within Frisco’s corporate limits or ETJ, and fully consents to the addition of Tract 1

into the corporate limits of The Colony.

2. The Colony and Frisco understand that the property described in Tract 1 will become

part of The Colony and will be included in the corporate limits of The Colony upon the effective date

of this Agreement without further action of either municipality. See paragraph 1 of this Agreement.

Upon the effective date of this Agreement, The Colony shall begin implementing in Tract 1 the

service plan attached hereto as Exhibit B, attached hereto and incorporated herein for all purposes.

The Colony agrees that Frisco shall have no obligations to provide municipal services to or otherwise

exert jurisdiction over Tract 1 as of the effective date of this Agreement.

3. Frisco hereby waives all of its extraterritorial jurisdiction, if any, in the properties

comprising Tract 1. It is expressly agreed and understood that this waiver shall operate only in favor

of the parties to this Agreement and shall not constitute a waiver of any right, including

extraterritorial jurisdiction rights, which either party may be able to assert against any other

municipality. The Colony and Frisco agree that nothing in this Agreement releases, relinquishes,

diminishes, waives or lessens in any way the rights that either party may have, at law or in equity, to

challenge or contest any other annexations, attempted annexations or extraterritorial jurisdiction

claims made by the other party.

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4. The effective date of this Agreement shall be the date that the last party to the

Agreement has executed this Agreement.

5. The persons signing this Agreement on behalf of the municipalities have been duly

authorized and empowered to do so by a vote of their respective governing bodies and the passage of

an appropriate adopting resolution or ordinance. The adoption of any such resolution or ordinance or

the performance of any other action hereunder shall be contingent, and neither shall be deemed

effective nor enforceable by one of the parties against the other, unless and until such time as both

parties have adopted such a resolution or ordinance or taken such other necessary acts as mirror the

other’s acts.

6. In case any one or more provisions of this Agreement is held invalid, illegal or

unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other

provision hereof, and it is the intention of the parties that in lieu of each provision that is found to be

illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid and

enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or

unenforceable.

7. This Agreement contains the entire agreement of The Colonyand Frisco with respect

to the subject matter of the Agreement. No agreement, statement, or promise made by either of the

parties to any party or to any employee, agent, or officer of one of the parties that is not contained in

this Agreement shall be valid, binding, or of any force or effect. Any amendments to this Agreement

must be in writing and signed by the parties to be enforceable.

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8. This Agreement shall be governed by, construed and enforced under the laws of the

State of Texas.

9. This Agreement is drafted for the benefit of the parties, and does not and shall not

confer or extend any benefit or privilege to any third party.

EXECUTED this the _____ day of , 2019.

CITY OF THE COLONY, TEXAS,A Texas home-rule municipality

Joe McCourry, Mayor

ATTEST:

Tina Stewart, City Secretary


___________________________________Jeff Moore, City Attorney

STATE OF TEXAS §§

COUNTY OF DENTON §

This instrument was acknowledged before me on the ___ day of _________, 2019, by Joe McCourry, Mayor of the City of The Colony, Texas, a Texas home-rule municipality, on behalf of said municipality.

____________________________________Notary Public, State of Texas

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EXECUTED this the _____ day of , 2019.

CITY OF FRISCO, TEXASA Texas home-rule municipality

George Purefoy, City Manager

ATTEST:

Kristi Morrow, City Secretary


Abernathy Roeder Boyd Hullett, P.C.Ryan D. Pittman, City Attorneys

STATE OF TEXAS §§

COUNTIES OF DENTON § AND COLLIN

This instrument was acknowledged before me on the ___ day of _________, 2019, by George Purefoy, City Manager of the City of Frisco, Texas, a Texas home-rule municipality, on behalf of said municipality.

____________________________________Notary Public, State of Texas

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Exhibit ALegal Description and Depiction of Tract 1

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Exhibit B


SERVICE PLAN FOR TRACT 1

DATE OF BOUNDARY ADJUSTMENT AGREEMENT: , 2019ACREAGE: Approximately 2.034 acres of land

Municipal Services to Tract 1 shall be solely furnished by or on behalf of the City of The Colony, Texas (“City”) at the following levels and in accordance with the following schedule:

A. POLICE PROTECTION:

1. Police personnel and equipment from The Colony Police Department shall be provided to Tract 1, at a level consistent with current methods and procedures presently provided to similar areas, on the effective date of this Agreement.

2. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level ofpolice services consistent with the characteristics of topography, land utilization and population density of the areas.

3. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the City limits.

B. FIRE PROTECTION / EMERGENCY MEDICAL SERVICES:

1. Fire protection and Emergency Medical Services (EMS) from the City shall be provided to Tract 1, at a level consistent with current methods and procedures presently provided to similar areas, on the effective date of this Ordinance.

2. As development commences in these areas, sufficient fire protection and EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City will be sufficient to serve areas now being considered for annexation.

3. Upon ultimate development, fire protection and EMS will be provided at a level consistent with other similarly situated areas within the City limits.

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C. FIRE PREVENTION:

The services of The Colony Fire Department shall be provided to the areas on the effective date of this Agreement.

D. SOLID WASTE COLLECTION:

1. Solid waste collection shall be provided to Tract 1 upon request on the effective date of this Agreement. The collection of refuse from individual properties shall be made in accordance with the usual Sanitation Department scheduling.

2. As development commences in these areas, sufficient solid waste collection will be provided to furnish the level of services consistent with the characteristics of topography, land utilization, and population density of the areas.

3. Upon ultimate development, solid waste collection will be provided at a level consistent with other similarly situated areas within the city limits.

E. WATER SERVICE (To be provided only in those areas that are not within the service area of another water or wastewater utility):

1. Connection to existing City water mains for water service will be provided by the property owner. Upon connection to existing mains, water will be provided at rates established by City ordinances. Property owner, at owner’s expense, will connect to the existing city water lines.

2. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas.

3. Water mains installed or improved to City standards within the Tract 1 which are located within dedicated easements, rights-of-way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this Agreement.

4. Maintenance of private lines will be the responsibility of the owner or occupant.

5. Operation and maintenance of water facilities in the Tract 1 that are within the service area of another water utility will be the responsibility that utility.

F. SANITARY SEWER SERVICE (To be provided only in those areas that are not within the service area of another water or wastewater utility):

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1. Connection to existing City sanitary sewer mains for sewage service will be provided by the property owner. Upon connection to existing mains, sanitary sewer collection will be provided at rates established by City ordinances. Property owner, at owner’s expense, will connect to the existing city sanitary sewer lines.

2. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas.

3. Sanitary sewer mains and lift stations installed or improved to City standards within the Tract 1 which are located within dedicated easement, rights-of-way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this Agreement.

4. Operation and maintenance of wastewater facilities in Tract 1 that are within the service area of another water utility will be the responsibility that utility.

5. Operation and maintenance of private wastewater facilities in Tract 1 will be the responsibility of the owner.

G. STREETS:

1. Emergency street maintenance shall be provided for publicly dedicated streets or roads within these areas on the effective date of this Agreement. Routine maintenance will be scheduled as part of the City’s annual street maintenance program in accordance with the then current policies and procedures defined by ordinance.

2. As development commences in these areas, all publicly dedicated streets shall be constructed to current City standards. The regulations and ordinance regarding City participation, maintenance and acceptance upon completion, shall apply. Maintenance will be provided at a level consistent with the characteristics of topography, land utilization, and population density of the area.

H. PARKS AND RECREATION:

1. Any residents within Tract 1 may utilize all existing park and recreation facilities, on the effective date of this Agreement. Fees for such usage shall be in accordance with current fees established by ordinance.

2. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the City’ Master Plan. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation.

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I. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES:

1. Enforcement of current environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicles ordinances and animal control ordinances, shall begin within these areas within sixty (60) days of the effective date of this Agreement.

2. Inspection services, including but not limited to, the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical, and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of this Agreement.

3. As development commences in this area, the City shall provide the level of Environmental Health and Code Enforcement Services as are furnished in other similarly situated areas throughout the City.

J. MISCELLANEOUS:

Any publicly owned facility, building, or service located within Tract 1 shall be maintained by the City of The Colony on the effective date of this Agreement.

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Lake

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Sylvan Shores DrSylvan Shores Dr

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This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness oraccuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. /

Project Name: Frisco Land Swap

Subject Area

Subject Area

Frisco PieceAgriculturalBusiness Park

Business Park/IndustrialDuplex DwellingGeneral Retail

Heavy CommercialIndustrialLight Commercial

Mobile HomeNeighborhood ServiceOffice District 1

Planned DevelopmentShopping CenterSingle Family Dwelling

Townhome

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ORDINANCE NO. 2019 - ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE MAYOR OF THE CITY OF THE COLONY, TEXAS, TO EXECUTE THE BOUNDARY ADJUSTMENT AGREEMENT WITH THE CITY OF FRISCO, TEXAS, FOR AN APPROXIMATE 2.034 ACRE TRACT OF LAND, AS MORE FULLY DESCRIBED THEREIN, AND TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE SAME; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, City of The Colony, Texas (“The Colony”), and the City of Frisco, Texas (“Frisco”), are empowered pursuant to Section 43.015 of the Texas Local Government Code to make mutually agreeable changes in the boundaries of areas that are less than 1,000 feet in width.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS:

Section 1. That the foregoing recitals are hereby found to be true and correct legislative findings of the City of The Colony, Texas, and are fully incorporated into the body of this Ordinance.

Section 2. That the Mayor of the City of The Colony, Texas, is hereby authorized to execute the “Boundary Adjustment Agreement By and Between the Municipalities of The Colony and Frisco,” a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes, and take any and all other actions necessary to effectuate the same. This Ordinance shall constitute consent to the terms and conditions contained in said Agreement.

Section 3. This Ordinance shall become effective from and after its passage.


Joe McCourry, MayorATTEST:


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76

Exhibit A

Boundary Adjustment Agreement By and Between the Municipalities

of The Colony and Frisco

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Agenda Item No:5.1

CITY COUNCIL Agenda Item ReportMeeting Date: March 5, 2019Submitted by: Isaac WilliamsSubmitting Department: Development Services Item Type: OrdinanceAgenda Section:

Subject:Conduct a public hearing, discuss and consider approving an ordinance to allow the text amendments toPlanned Development District No.25 (Ordinance No 2011-1927); by amending Section XVII, Subsection (7)entitled “Building Codes,” by adopting the 2015 edition of the International Energy Conservation Code and localamendments to the code. (Williams)

Suggested Action:Please see the attached staff report, maps and staff recommendation.

Attachments:PDA19-0001 - Grandscape PD revision Staff Report.doc

PDA19-0001.pdf

Ord 2019-xxxx PD-25 Amendment-Amending Building Codes definition-2015 IECC.docx

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/315728/PDA19-0001_-_Grandscape_PD_revision_Staff_Report.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/315729/PDA19-0001.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/316141/5.1_Ord_2019-xxxx_PD-25_Amendment-Amending_Building_Codes_definition-2015_IECC.pdf

1

PLANNING AND ZONING COMMISSION REPORT

AGENDA DATE: February 12, 2019

DEPARTMENT: Development Services Department

PLANNER: Isaac Williams, Senior Planner, 972-624-3164

SUBJECT – PDA19-0001, Amendment to Planned Development District No. 25Conduct a public hearing, discuss and consider making a recommendation to City Council on a request for text amendments to Planned Development 25 (Ordinance No 2011-1927), by amending Section XVII, Subsection (7) entitled “Building Codes,” by adopting the 2015 edition of the International Energy Conservation Code and local amendments to the code.

APPLICANT/OWNERCity of The Colony The Colony, TX

EXISTING CONDITION OF PROPERTYPlanned Development District No. 25 aka the Grandscape Planned Development is partially developed with Nebraska Furniture Mart, Grandscape Retail, several restaurants like MiCocina, Cheddars, Rock & Brews, Hard Eight, Lava Cantina and the future Scheels All Sports retail establishment and limited service hotel development.

PROPOSED REQUESTThe applicant is proposing to amend Section XVII, entitled “Definitions” by amending Subsection (7) entitled “Building Codes,” by adopting the 2015 edition of the International Energy Conservation Code and local amendments to the code as follows:

“7. Building codes: the 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Residential Code, 2006 International Fuel Gas Code, 2006 International Fire Code, 2015 International Energy Conservation Code, and 2008 National Electrical Code, including all local amendments to such codes adopted by the City Council prior to November 15, 2011.”

BACKGROUNDThe energy conservation laws are written on a federal level and create the requirements for states to comply. The federal laws are written in such a manner that there are certain, future benchmark dates for portions to become enacted. In 2015, it was federally mandated for Texas, and several other states, to update their state energy codes. As of September 1st, 2016, the State of Texas (under House Bill 1736) adopted the 2015 energy codes published by the ICC (International Code Council). Each municipality in the State of Texas is required to comply with these energy codes, and then has the authority to enforce it. Building code enforcement ensures that a building is not only designed with the right mix of components, materials, and equipment to meet efficiency requirements, but that construction and installation practices deliver the expected energy performance.

NOTIFICATIONA notice of public hearing was published in the local newspaper on February 2, 2019 a minimum of 10 days prior to the public hearing. In addition, Zoning Ordinance also requires notification of

Item 3.2

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2

property owners located within 200 feet of the subject property a minimum of ten (10) days prior to the public hearing. Public Hearing notices were mailed on February 2, 2019 to adjacent property owners. No responses either for or against the Planned Development Amendment were received as of printing of this packet.

OPTIONS1. Approve as submitted.2. Approve with conditions.3. Deny.4. Postpone consideration.5. Table item.

DEVELOPMENT REVIEW COMMITTEE REVIEW The Development Review Committee (DRC) recommends approval of the proposed amendment.

ATTACHMENTS1. Location Map2. Planned Development 25 (Grandscape PD) Ordinance3. Proposed Amending Ordinance

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Hawaiian Falls Water Park

Five Star East Community Complex

The Colony Five Star ComplexSH 121 SH 121

Plano PkwyPlano Pkwy

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Crystal Falls

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Paige

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Memorial

DrDr SH 121SH 121


Desti

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SouthSouthColonyColony

BlvdBlvd

This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness oraccuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. /

Project No. PDA19-0001 - Project Name: Grandscape

Subject Area

Subject Area

AgriculturalBusiness ParkBusiness Park/Industrial

Duplex DwellingGeneral RetailHeavy Commercial

IndustrialLight CommercialMobile Home

Neighborhood ServiceOffice District 1Planned Development

Shopping CenterSingle Family DwellingTownhome

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THE CITY OF THE COLONY, TEXAS

ORDINANCE NO. 2019-_______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF THE COLONY, TEXAS, AS HERETOFORE AMENDED, BY AMENDING PLANNED DEVELOPMENT DISTRICT (PD-25) FOR THE APPROXIMATELY 433.81 ACRES OF PROPERTY GENERALLY LOCATED ALONG THE SOUTH SIDE OF STATE HIGHWAY 121 BETWEEN W. SPRING CREEK PARKWAY AND PLANO PARKWAY AND INCLUDING A TRACT OF LAND AT THE SOUTHWEST CORNER OF STATE HIGHWAY 121 AND PLANO PARKWAY, BY AMENDING SECTION XVII, ENTITLED “DEFINITIONS” BY AMENDING SUBSECTION (7)ENTITLED “BUILDING CODES,” BY ADOPTING THE 2015 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE AND LOCAL AMENDMENTS TO THE CODE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OR FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on November 15, 2011, the City Planning and Zoning Commission and City Council held a public hearing regarding the proposed adoption of Ordinance No. 2011-1927establishing a planned development district encompassing the property described by metes and bounds on Exhibit A, and depicted on Exhibit B (hereinafter referred to as the “Property”), which exhibits are attached hereto and made a part hereof for all purposes; and

WHEREAS, after holding a public hearing, the City Planning and Zoning Commission recommended approval of Ordinance No. 2011-1927, and the City Council voted to approve the adoption of Ordinance No. 2011-1927, creating Planned Development District 25 (PD-25); and

WHEREAS, in 2015 the Texas Legislature approved House Bill 1736 (2015), which provides the authority for the City Council of the City of The Colony, Texas, to adopt the 2015 Edition of the International Energy Conservation Code as the energy conservation code throughout the City; and

WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that Section XVII, subsection 7 of Ordinance No. 2011-1927 should be amended by adopting the 2015 Edition of the International Energy Conservation Code, along with local amendments hereto, as the Energy Conservation Code for the City of The Colony and PD-25; and

WHEREAS, the City Planning and Zoning Commission, and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of The Colony, have given all of the requisite

82

notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the City Council is of the opinion that this Ordinance shall be approved amending the planned development district encompassing the Property.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS:

SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.

SECTION 2. That Ordinance No. 2011-1927, (PD-25) is hereby amended by amending Section XVII, entitled “Definitions,” Subsection 7, entitled “Building Codes,” which shall read as follows:

“7. Building codes: the 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Residential Code, 2006 International Fuel Gas Code, 2006 International Fire Code, 2015 International Energy Conservation Code, and 2008 National Electrical Code, including all local amendments to suchcodes adopted by the City Council.”

SECTION 3. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance, including ordinance No. 2011-1927 are hereby repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect.

SECTION 4. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.

SECTION 5. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense.

SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law.

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APPROVED:

Joe McCourry, Mayor

ATTEST:




84

Exhibit AMetes and Bounds Description of the Property

LEGAL DESCRIPTIONTRACT 1

BEING a 5.02 acre tract of land situated in the B.B.B. & C.R. Survey, Abstract No. 173, City of The Colony, Denton County, Texas, and being part of a tract of land described as Tract II as conveyed by deed to Maharishi Global Development Fund, as recorded in Volume 4555, Page 281, Official Public Records, Denton County, Texas. Said 5.02 acre tract of land being more particularly described by metes and bounds as follows:

BEGINNING at a found 5/8 inch iron rod with KHA cap for corner, being the intersection of the south right-of-way line of State Highway 121 (a variable width R.O.W.) and the southwest right-of-way line of Plano Parkway (a 100 foot R.O.W.), and being the beginning of a non-tangent

curve to the left having a radius of 1050.00 feet, a central angle of 503413 and a long chord

which bears South 642331 East, 896.96 feet;

THENCE southeasterly, along said southwest right-of-way line of Plano Parkway and said non-tangent curve to the left, an arc distance of 926.75 feet to a point for corner, being in the north line of a tract of land conveyed by deed to CB/Tittle, Ltd., as recorded in Instrument No. 99-R0007181, Official Public Records, Denton County, Texas;

THENCE South 895840 West, leaving said southwest right-of-way line and following along said north line of CB/Tittle tract, at a distance of 1009.25 feet passing the northeast corner of a tract of land described as Tract F3, as conveyed by deed to Castle Hills Property Company, as recorded in Instrument No. 2006-153339, Official Public Records, Denton County, Texas, and continuing with the north line of said Castle Hills Property Company tract, for a total distance of 1210.45 feet to a point for corner;

THENCE North 002518 West, with the northernmost east line of said Castle Hills Property Company tract, at a distance of 97.47 feet passing the northernmost corner, and continuing with said south right-of-way line of State Highway 121, for a total distance of 226.47 feet to a point for corner;

THENCE continuing with said south right-of-way line of State Highway 121 as follows:

North 633206 East, for a distance of 130.52 feet to a point for corner;

North 602233 East, for a distance of 80.86 feet to a point for corner;

South 291303 East, for a distance of 50.00 feet to a point for corner;

North 604738 East, for a distance of 219.64 feet to the POINT OF BEGINNING and 85

CONTAINING 218,740 square feet or 5.02 acres of land, more or less.


BEING a 377.68 acre tract of land situated in the Thomas A. West Survey, Abstract No. 1344, the B.B.B. & C.R. Survey, Abstract No. 173, the B.B.B. & C.R. Survey, Abstract No. 174 and the M.D.T. Hallmark Survey, Abstract No. 570, City of The Colony, Denton County, Texas, being part of a tract of land described as Tract I as conveyed by deed to Maharishi Global Development Fund, as recorded in Volume 4555, Page 281, Official Public Records, Denton County, Texas, being part of a called 122.8106 acre tract of land conveyed by Correction Deeds to Crow-Billingsley UMF Plano, Ltd., as recorded in Instrument No. 2004-44212, 2004-44213, 2004-44214 and 2004-44218, Official Public Records, Denton County, Texas, and being a part of McKamy Road (an unrecorded right-of-way) SAVE AND EXCEPT those certain tracts of land conveyed in deeds recorded in Volume 5366, Page 977, Instrument No. 2006-49955, 2006-49957 and 2006-75193, Official Public Records, Denton County, Texas. Said remaining 377.68 acre tract of land being more particularly described by metes and bounds as follows:

BEGINNING at a found TxDot brass cap in concrete for the northeast corner of said 377.68 acre tract, being the intersection of the south right-of-way line of Sam Rayburn Tollway (State Highway 121) (a variable width R.O.W.) and the west right-of-way line of Burlington Northern Railroad (a 100 foot R.O.W. at this point);

THENCE continuing with said west right-of-way line of Burlington Northern Railroad as follows:

THENCE South 06°59'58" East, for a distance of 832.17 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 3703.75 feet, a central angle of 13°04'33" and a long chord which bears South 00°27'42" East, 843.42 feet;

THENCE southeasterly, along said curve to the right, an arc distance of 845.26 feet to a point for corner;

THENCE South 06°04'35" West, for a distance of 2524.64 feet to a point for corner;

THENCE North 83°17'00" West, for a distance of 190.16 feet to a point for corner;

THENCE South 00°51'51" East, for a distance of 970.10 feet to a point for corner;

THENCE South 89°03'50" West, for a distance of 31.58 feet to a point for corner;

THENCE South 01°14'37" East, for a distance of 448.38 feet to a point for corner, being 86

the northeast corner of a tract of land conveyed by deed to Frankford Road Investors No. 1, as recorded in Instrument No. 2006-49957, Official Public Records, Denton County, Texas;

THENCE North 87°06'22" West, leaving said west right-of-way line and following along the north line of said Frankford Road Investors No. 1, for a distance of 1240.48 feet to a point for corner, being in the northerly right-of-way line of Plano Parkway (a 100 foot R.O.W.), and being the beginning of a non-tangent curve to the left having a radius of 1130.00 feet, a central angle of 103°16'58" and a long chord which bears North 38°43'34" West, 1772.16 feet;

THENCE continuing with said northerly right-of-way line of Plano Road as follows:

THENCE northwesterly, along said non-tangent curve to the left, an arc distance of 2036.97 feet to a point for corner;

THENCE South 89°38'05" West, for a distance of 647.23 feet to a point for corner, being the beginning of a non-tangent curve to the right having a radius of 950.00 feet, a central angle of 40°05'36" and a long chord which bears North 70°19'29" West, 651.29 feet;

THENCE northwesterly, along said non-tangent curve to the right, an arc distance of 664.77 feet to a point for corner, being the beginning of a reverse curve to the left having a radius of 1050.00 feet, a central angle of 40°14'10" and a long chord which bears North 70°21'30" West, 722.31 feet;

THENCE northwesterly, along said reverse curve to the left, an arc distance of 737.37 feet to a point for corner;

THENCE South 89°31'25" West, for a distance of 623.83 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 950.00 feet, a central angle of 52°49'04" and a long chord which bears North 64°04'03" West, 845.07 feet;

THENCE northwesterly, along said curve to the right, an arc distance of 875.75 feet to a point for corner, being the most southerly point of a corner-clip with said south right-of-way line of Sam Rayburn Tollway (State Highway 121);

THENCE North 08°46'31" East, along said corner-clip, for a distance of 26.03 feet to a point for corner, being in said south right-of-way line of Sam Rayburn Tollway (State Highway 121);

THENCE continuing with said south right-of-way line of Sam Rayburn Tollway (State Highway 121) as follows:

THENCE North 60°47'38" East, for a distance of 203.71 feet to a point for corner;

THENCE North 58°17'36" East, for a distance of 252.11 feet to a point for corner;87








THENCE South 74°12'01" East, for a distance of 70.70 feet to a point for corner;

















THENCE North 60°39'18" East, for a distance of 33.81 feet to the POINT OF

88

BEGINNING and CONTAINING 16,451,919 square feet or 377.68 acres of land, more or less.


BEING a 51.11 acre tract of land situated in the R.P. Hardin Survey, Abstract No. 611 and the B.B.B. & C.R. Survey, Abstract No. 174, City of The Colony, Denton County, Texas, and being all of a called 27.073 acre tract of land conveyed by deed to Sealy Spring Creek Partners, L.P., as recorded in Instrument No. 2007-83136 and all of a called 23.990 acre tract of land conveyed by deed to Whiteford Limited Partners, as recorded in Instrument No. 2004-132215 Official Public Records, Denton County, Texas. Said 51.11 acre tract of land being more particularly described by metes and bounds as follows:

BEGINNING at a found TxDot brass cap in concrete for the northeast corner of said Sealy Spring Creek Partners tract, being the intersection of the south right-of-way line of Sam Rayburn Tollway (State Highway 121) (a variable width R.O.W.) and the west right-of-way line of West Spring Creek Parkway (a 160 foot R.O.W.);

THENCE South 29°24'43" East, along said west right-of-way line of West Spring Creek Parkway, for a distance of 265.52 feet to a point for corner, being the beginning of a non-tangent curve to the right having a radius of 970.00 feet, a central angle of 29°13'42" and a long chord which bears South 14°53'13" East, 489.48 feet;

THENCE southeasterly, along said west right-of-way line and said non-tangent curve to the right, an arc distance of 494.83 feet to a point for corner;

THENCE South 00°22'42" East, continuing along said west right-of-way line, for a distance of 476.17 feet to a point for corner, being the northeast corner of said Whiteford Limited Partners tract;

THENCE South 00°23'35" East, continuing along said west right-of-way line, for a distance of 864.92 feet to a point for corner, being the northeast corner of Lot 1, Block A, Kings Ridge Addition, Phase Three, an addition to the City of Plano, as recorded in Cabinet X, Page 450, Plat Records, Denton County, Texas;

THENCE South 89°40'20" West, leaving said west right-of-way line, and following along the south line of said Whiteford Limited Partners tract and the north line of said Block A, Kings Ridge Addition, Phase Three, being a common line, for a distance of 1199.93 feet to a point for corner, being the northwest corner of Lot 23 of said Block A, Kings Ridge Addition, Phase Three, being in the east right-of-way line of Burlington Northern Railroad (a 100 foot R.O.W. at

89

this point), and being the beginning of a non-tangent curve to the left having a radius of 3487.75 feet, a central angle of 8°31'36" and a long chord which bears North 01°45'21" West, 518.57 feet;

THENCE northwesterly, leaving said common line, and following along said east right-of-way line of Burlington Northern Railroad and said non-tangent curve to the left, an arc distance of 519.05 feet to a point for corner;

THENCE North 06°43'29" West, continuing along said east right-of-way line, for a distance of 345.89 feet to a point for corner, being the northwest corner of said Whiteford Limited Partners tract;

THENCE North 07°03'01" West, continuing along said east right-of-way line, for a distance of 628.03 feet to a point for corner, being in said south right-of-way line of Sam Rayburn Tollway;

THENCE North 60°45'58" East, leaving said east right-of-way line and following along said south right-of-way line of Sam Rayburn Tollway, for a distance of 254.35 feet to a point for corner;

THENCE North 63°19'02" East, continuing along said south right-of-way line, for a distance of 585.96 feet to a point for corner;

THENCE North 60°52'09" East, continuing along said south right-of-way line, for a distance of 369.37 feet to the POINT OF BEGINNING and CONTAINING 2,226,193 square feet or 51.11 acres of land, more or less.

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Exhibit BDepiction of the Property (Not to Scale)

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Agenda Item No:5.2

CITY COUNCIL Agenda Item ReportMeeting Date: March 5, 2019Submitted by: Evan GroeschelSubmitting Department: Public Works/Water Distribution Item Type: ResolutionAgenda Section:

Subject:Discuss and consider approving a resolution authorizing the City Manager to enter into an agreement withCarollo Engineering for Professional Services pertaining to design and engineering services for Stewart CreekWastewater Treatment Plant Expansion Phase 2A – Dewatering in the amount of $2,489,571.00 with fundingapproved as part of the 2018-2019 CIP budget. (Groeschel)

Suggested Action:The budget for engineering and design of this project was requested and approved as part of the 2018-2019CIP budget.The scope includes preliminary design, detailed design, services during bidding and construction, and specialservices. For further detail on scope and fee schedule please see council package attached for this item.

Attachments:Groeschel_20190108_Phase 2A Proposal_Package_signed Final.pdf

Dewatering summary for council.docx

Res 2019-xxx Carollo Engineering Professional Services Agreement.doc

92

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/313858/Groeschel_20190108_Phase_2A_Proposal_Package_signed_Final.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/313859/Dewatering_summary_for_council.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/316142/5.2_Res_2019-xxx_Carollo_Engineering_Professional_Services_Agreement.pdf

8658A30 | Groeschel_20190108_Phase 2A Proposal.docx

carollo.com

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1

Item Title:

Wastewater Treatment Plant expansion – Dewatering Phase

Background:

The recent expansion of the wastewater treatment plant was based on increased flows and the plant’s ability to meet demand in terms of ability to treat the increased volume of wastewater. This expansion included new structures and modifications made to existing structures to take the treatment capacity of 3.8 MGD (Million Gallons per Day) to 4.5 MGD as illustrated below.

The second phase of the wastewater treatment plant was planned as a full plant expansion toreach an ultimate capacity of 6.1 mgd. Current plant flows do not warrant the full plant expansion, affording the City the opportunity to defer the treatment expansion. Solids production, however increases with the phase 1 expansion and the existing dewatering facility is nearing 20 years old and does not include redundant equipment. As such, it is prudent to begin the design of the dewatering facility now rather than defer to the phase 2 expansion.

This layout showsthe expansionto 4.5 mgd thatincludes expandingthe capacity of thesecondary treatment(improvements tothe existing TrainsA and B and a newTrain C) and UVdisinfection facilities,installing chemicalpolishing and postaerationfacilities,and addressingoperability issues(influent pumpstation, grit removal,solids handling).

1. Influent Pump Station2. Grit Removal3. New Splitter4. Train C5. Trains A and B6. Blower Improvements7. Install Chemical Polishing9. New UV Channel10. Post Aeration Facilities11. Effluent Meter12. Solids Handling

4. Secondary

Treatment

6. Blower

Improvements

8. Filtration

9. New UV Channel

12. Dewatering

Facilities

Improved/Modified Facility

New Facility

This layout shows the expansion to 6.1 mgd that includes expanding the capacity of the secondary treatment, filtration, UV disinfection (new UV channel), and dewatering facilities, installing a new thickening facility, and decommissioning the existing Trains A and B.

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2

Currently our dewatering facility is operating approximately seven days a week, eight to ten hours a day where normal operating is approximately four to five days a week, five to six hours a day. This is a critical potential point of failure and without the ability to dewater the solids and dispose of the byproduct the plant would in effect lose the ability to treat wastewater. For thereasons described above in addition to the increased solids loading make the dewatering facility a critical next step.

Information:

The budget for engineering and design of this project was requested and approved as part of the 2018-2019 CIP budget.The scope includes preliminary design, detailed design, services during bidding and construction, and special services. For further detail on scope and fee schedule please see council package attached for this item.

Suggested Action:

Staff recommends City Council authorize the City Manager to enter into an agreement with Carollo Engineering for Professional Services pertaining to design and engineering services for Stewart Creek Wastewater Treatment Plant Expansion Phase 2A – Dewatering in the amount of $2,489,571.00 with funding approved as part of the 2018-2019 CIP budget.

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CITY OF THE COLONY, TEXASRESOLUTION NO. 2019-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES TO THE CAROLLO ENGINEERS, INC., FOR THE STEWART CREEK WASTE WATER TREATMENT PLANT EXPANSION PHASE 2A – DEWATERING PROJECT, FOR THE PURPOSE OF PROVIDING ENGINEERING SERVICES DURING CONSTRUCTION; PROVIDING AN EFFECTIVE DATE

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS:

Section 1. That the City Council of the City of The Colony, Texas, has duly reviewed and considered the agreement for the Stewart Creek Waste Water Treatment Plant Expansion Phase 2A – Dewatering Project by and between the City of The Colony and Corollo Engineers, Inc. for the purpose of providing engineering services during construction.

Section 2. That this agreement, attached hereto as Exhibit “A”, is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the agreement on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein.

Section 3. That with this Amendment the City of The Colony is agreeing to pay the sum not to exceed $2,489,571.00 for such work.

Section 4. That this resolution shall take effect immediately from and after its passage.

PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 5th day of March, 2019.

__________________________Joe McCourry, Mayor City of The Colony, Texas

ATTEST:

________________________________ Tina Stewart, TRMC, City Secretary

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__________________________________Jeff Moore, City Attorney

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Agenda Item No:5.3

CITY COUNCIL Agenda Item ReportMeeting Date: March 5, 2019Submitted by: Joe PerezSubmitting Department: General Admin Item Type: ResolutionAgenda Section:

Subject:Discuss and consider approving a resolution amending the 2018-19 Fee Schedule to include fees for thepurchase of City of The Colony flags. (Perez)

Suggested Action:This item is being presented due to the increase in citizen/business requests to purchase outdoor City of TheColony flags to display. Currently, there is no fee adopted to fulfill the citizens request and as such, staff isrecommending fees be adopted for the purchase of various sizes of flags as outlined in exhibit A of this item. The fees recommended for each flag size are the cost per flag to the city currently.

Attachments:Res 2019-xxxx City Flags Master Fee Amendment.docx

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/316147/5.3_Res_2019-xxxx_City_Flags_Master_Fee_Amendment.pdf


RESOLUTION NO. 2019-_______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING RESOLUTION NO. 2018-080 AMENDING THE 2018-2019 MASTER FEE SCHEDULE, BY AMENDING THE MASTER FEE SCHEDULE TO INCLUDE A CITY FLAG FEE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of The Colony adopted the Master Fee Schedule for Fiscal Year 2018-2019 by Resolution No. 2018-080, passed and approved on the 18th day of September 2018; and

WHEREAS, the City desires to amend the 2018-2019 Master Fee Schedule to provide the fee for the purchase of City of The Colony flags.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT:

Section 1. That Resolution No. 2018-080, as amended by Exhibit A, be incorporated intothe Master Fee Schedule.

Section 2. That all provisions of any resolution of the City Council of the City of The Colony in conflict with the provisions of this resolution be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this resolution shall remain in full force and effect.

Section 3. This Resolution shall become effective on March 5th, 2019, from and after its passage, as the law and charter in such cases provide.

PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 5th day of March, 2019.

_____________________________Joe McCourry, Mayor

ATTEST:

_____________________________Tina Stewart, TRMC, City Secretary,



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Exhibit A

City of The Colony Flag Prices

5 x 8 $106.004 x 6 $100.003 x 5 $81.00

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Agenda Item No:5.4

CITY COUNCIL Agenda Item ReportMeeting Date: March 5, 2019Submitted by: Tina StewartSubmitting Department: City Secretary Item Type: DiscussionAgenda Section:

Subject:Discuss and consider appointments to the various Council appointed boards. (Council)

Suggested Action:Council to appoint individuals to the open positions on the following Board's:

Keep The Colony Beautiful 1 position - Place 7Board of Adjustment 2 positions - Alternates 1 & 2

Attachments:

113

Agenda Item No:6.1


Subject:A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TexasGovernment Code to seek legal advice from the city attorney regarding pending or contemplated litigation -Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v.Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.

Suggested Action:

Attachments:

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Agenda Item No:7.1


Subject:A. Any action as a result of executive session regarding pending or contemplated litigation - Appeal of BrazosElectric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos ElectricPower Cooperative, Inc. matter, Cause No. 16-06424-16.

Suggested Action:

Attachments:

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city of the colony city council agenda ......regular session of the city council agenda meeting...

Documents