NOTICE OF REGULAR MEETING AGENDA LANCASTER CITY COUNCIL MUNICIPAL CENTER CITY COUNCIL CHAMBERS 211 N. HENRY STREET, LANCASTER, TEXAS Monday, August 23, 2021 - 7:00 PM  Lancaster  Lancaster Thes Shining. Stare ef7 Tavas  2019  While the Mayor and other City Council Members may be physically present at the Municipal Center City Council Chambers, there may be Council members and staff that will attend and participate via video or audio link due to the COVID-19 emergency situation. IMPORTANT NOTICE: Due to the COVID-19 (coronavirus) state of emergency and consistent with the Governor's Order regarding modifications to the Texas Open Meetings Act ("TOMA"), and executive orders, the public will not be admitted to the physical meeting location. nttps/www.ancaster-xcom/1413/Nolice-Regarcling-PubliceParticipation  Please click the link below for forms:  Please click the link below to join the webinar:  itips/1s02web.z0omusmeetingregstertzorcumtwIITWIEIPMINPAIPSVEbRIRO1GG The meeting will be broadcast live via video at the following address:  ttp/www.ancasterix.coms24MWatch-Meetings 7:00 P.M. REGULAR MEETING: CALL TO ORDER  INVOCATION: Ministerial Alliance  PLEDGE OF ALLEGIANCE: Council Member Marco Mejia  PROCLAMATION: Daughters of the American Revolution, National Suicide Prevention Awareness  Month  PUBLIC TESTIMONYICIIZENS COMMENTS:  At this time, citizens who have pre-registered before the call to order will be allowed to speak on any matter for a length of time not to exceed three minutes. No Council action or discussion may take place on a matter until such matter has been placed on an agenda and posted in accordance with law. Anyone desiring to speak on an item scheduled for a public hearing is requested to hold their comments  until the public hearing on that item.    CONSENT AGENDA:  Items listed under the consent agenda are considered routine and are generally enacted in one motion. The exception to this rule is that a Council Member may request one or more items to be removed from  the consent agenda for separate discussion and action.  1. 2.  Consider a resolution adopting City Council Goals and Objectives contained in the June 25, and June 26, 2021, City Council Strategic Planning Report prepared by The Elim Group. Consider a resolution temporarily waiving certain fees from the Master Fee Schedule Article 2.000 related to the Clear the Shelter Event for a period of twenty-eight days from August 23, Consider a resolution approving the terms and conditions of an interlocal agreement by and between the City ofL Lancaster and Dallas County Department of Health and Human Services to Consider a resolution of the City ofl Lancaster proposed Fiscal Year 2021/2022 employee insurance program; allowing the City Manager to enteri into agreements with employee benefit providers andlor administrators as follows: (1) Blue Cross Blue Shield for medical administration with a Health Savings Account (HSA) option; (2) Equitable for dental benefits administration; (3) Surency for vision benefit administration and renewal of agreements with (4) Dearborn National for Short Term Disability insurance; (5) Flores & Associates for cobra benefit administration; and (6). Alliance Work Partners for employee assistance program administration; authorizing execution of any necessary contracts and documents pursuant to Consider a resolution ratifying an amendment to the agreement for Professional Landscape Architectural Services with Halff Associates in an amount not to exceed $7,600 for additional services related to the Texas Department of Transportation (TXDOT) Green Ribbon Project Consider a resolution awarding RFP 2021-30 to Canary Construction, Inc. for replacement of +/- one hundred ninety-two feet (192) of wastewater main at the dead-end of Katy Street under Burlington Northern Santa Fe Railroad (BNSF), in an amount not to exceed one hundred  2021, to September 19, 2021.  3.  provide certain health services.  4.  this resolution.  5.  C510048-01-067).  6.  twenty thousand, sixty-two dollars and thirty cents ($120,062.30).  PUBLIC HEARING:  7.  Conduct a public hearing and consider a resolution adopting the Lancaster City Council's Rules  and Procedures, as amended.  ACTION: 8.  M21-31 Discuss and consider an Ordinance abandoning a small section of Rolling Hills Place, Ocean Drive and Martinque Drive rights-of-way, City of Lancaster rights-of-way, and two (2) alley rights-of-way, providing for the furnishing of a certified copy of this Ordinance for recording the real property records of Dallas County, Texas as a deed; and providing an  effective date.    9.  M21-33 Discuss and consider a resolution accepting one (1) water easement (20-foot wide or 2.261 acre) from PME Oakmont Lancaster, LLC, (Grantor), to the City of Lancaster (City) for the installation, construction, operation, maintenance, replacement, repair, upgrade andlor removal of a waterline and all necessary or desirable structures, facilities and appurtenances necessary to provide a secondary and separate connection to the City water system; establishing conditions, providing for the furnishing of a certified copy of this resolution for recording in the property records of Dallas County, Texas as a deed. Discuss and consider appointments to the Animal Shelter Advisory Board.  10. 11.  Discuss and consider the proposed FY 2021/2022 tax rate of $0.769287 per $100 assessed valuation, receive related tax calculation documents, take record vote to consider a tax rate to increase total tax revenues from properties on the tax roll in the previous year, and set public  hearing dates on the proposed tax rate.  ADJOURNMENT  EXECUTIVE SESSION: The City Council reserves the right to convene into executive session on any posted agenda item pursuant to Section 551.071(2) of the Texas Government Code to seek legal advice ACCESSIBILITY STATEMENT: Meetings of the City Council are held in municipal facilities that are wneeicharaccessible. For sign interpretive services, call the City Secretary's office, 972-218-1311, or TDD 1-800-735-2989, at least 72 hours prior to the meeting. Reasonable accommodation will be made PURSUANT TO SECTION 30.06 PENAL CODE (TRESPASS BY HOLDER WITH A CONCEALED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED CONFORME A LA SECCION 30.06 DEL CODIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO CON LICENCIA) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO 411, CODIGO DEL GOBIERNO (LEY DE PORTAR. ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UN PURSUANT TO SECTION 30.07 PENAL CODE (TRESPASS BY HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITHA CONFORME Al LA SECCION 30.07 DEL CODIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO AL AIRE LIBRE CON LICENCIA) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A ESTA  concerning such subject.  to assist your needs.  HANDGUN.  ARMA DE FUEGO OCULTADA.  HANDGUN THAT IS CARRIED OPENLY.  PROPIEDAD PORTANDO UN ARMA DE FUEGO AL AIRE LIBRE.    Certificate  Ihereby certify the above Notice of Meeting was posted at Lancaster City Hall on August 20, 2021 @ 7:00 p.m. and copies thereof were provided to the Mayor, Mayor Pro-Tempore, Deputy  Mayor Pro-Tempore and Council members.  Cou6li Carey DVNeal, Jr. Assistant City Manager    CITY OF LANCASTER CITY COUNCIL  City Council Regular Meeting Meeting Date:  1.  08/23/2021  Policy Statement: This request supports the City Council 2021-2022 Policy Agenda  Goal(s):  Financially Sound Government Healthy, Safe & Engaged Community Sound Infrastructure Quality Development Professional and Committed City Workforce  Submitted by: Carey Neal, Assistant City Manager  Agenda Caption:  Consider a resolution adopting City Council Goals and Objectives contained in the June 25, and June 26,  2021, City Council Strategic Planning Report prepared by The Elim Group.  Background:  City Council conducted its annual strategic planning session June 25, and June 26, 2021. Following Council's planning session, The Elim Group compiled information from Council's discussions into a report that defines the five-year Goals, Strategies, Mission Statement and Vision 2025 for the City. City Council goals and strategies provide the foundation to match City resources with priorities and help provide efficient services to citizens. Formal adoption oft the goals and strategies is a "best practice" that establishes a clear, unified message for staff and the community. Council revised the Mission Statement and Vision 2025 for the City, key performance areas, and outlined 2021/2022 objectives as follows: Mission Statement - The City of Lancaster partners with our community to deliver sustainable public Vision 2025 - Lancaster is the Shining Star of Texas, with growing opportunities to prosper, live, learn, Financially Sound Government - The City has a long-range financial plan and prudent fiscal policies and processes. Appropriate reserve levels and a competitive tax rate ensure that the City has funds available to address the needs of the community and responsibly manage its debt.  Operational Considerations:  services, preserving, protecting and enhancing the quality of life.  work and play.  .Begin Planning for a Future Bond Election  Quality Development - The City encourages high quality, diverse housing, commercial and retail development and public facilities. Policies encourage sustainable building practices, conservation and the  use of alternative energy sources.  Continue implementation of the comprenensive plan Review and revise development codes/overlay districts  Create new TIF districts including downtown, hospital, and campus areas  Healthy, Safe, & Engaged Community Lancaster is a place where we embrace public safety and    proactive code enforcement in our neighborhoods to sustain vibrant residential and business communities. The community celebrates unity and participates in citywide events, recreational and cultural activities. Residents have opportunities for involvement in civic life through boards and commissions, youth and parent volunteer opportunities in recreation, sports teams, City elections, and  Civic Academies, Schools and Citywide celebrations. L Develop a proactive code enforcement strategy  E Explore funding options for a small business assistance initiative  Professional & Committed City Workforce - Lancaster City Government is an employer of choice with competitive pay that attracts an engaged, responsive, customer-onented, innovative, and effective workforce. Some employees live in the City and all have a sense of ownership for the community. City employees feel needed and appreciated by elected officials, residents, and businesses. Employees are respectful and appreciative of their customers and the City's governing body. The City's Executive Staff are engaged with residents and attends community events, upholds strong customer service, and uses  technology to aid them in working smarter. Complete a salary compression analysis meet both current demands and future expansion needs. - Update the facility needs assessment  Sound Infrastructure - The City supports an adequate and well-maintained municipal infrastructure to  b Begin planning for Fire Station #4 site selection and funding I Initiate planning for broadband community network  Legal Considerations:  The City Attorney has reviewed and approved the resolution as to form.  Public Information Considerations: Texas Open Meetings Act. Options/Alternatiyes:  This item is being considered at al Regular Meeting of the City Council noticed in accordance with the  1.City Council may approve the resolution, as presented. 2.C City Council may deny the resolution.  Recommendation: Attachments Resolution Exhibit. A  Staff recommends approval oft the resolution, as presented.    RESOLUTION NO.  AF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, ADOPTING THE LANCASTER CITY COUNCIL GOALS AND OBJECTIVES CONTAINED IN THE. JUNE: 25 AND JUNE 26, 2021, COUNCIL RETREAT REPORT, AS ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES AS EXHIBIT WHEREAS, the City Council meti in a strategic planning session June 25 and June 26, 2021 to review, discuss and WHEREAS, after discussion and consideration, the City Council updated the five year goals and strategies for the City ofl Lancaster which identified at foundation of principles upon which the community will continue to prosper; and WHEREAS, the City Council desires to adopt the City Council Retreat Report prepared by The Elim Group following the strategic planning session and the goals, strategies, Mission Statement and' Vision 2025 contained in said report. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. That the City Council Goals and Objectives contained in the. June 25 and June 26, 2021 Council Retreat Report, attached hereto andi incorporated herein by reference as Exhibit' "A", having been reviewed by the City Council oft the City of Lancaster, Texas, and found to be acceptable and ini the best interest oft the City and its citizens, SECTION 2. That any prior resolutions of the City of Lancaster, Texas, in conflict with the provisions of this SECTION 3. That this resolution shall take effect immediately from and after its adoption and iti is accordingly sO DULYPASSED and approved by the City Council of the City ofl Lancaster, Texas, on this the 9th day of August, 2021.  "A"; PROVIDING AI REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.  refine City Council's vision and mission for the City ofLancaster; and  be, and the same is hereby, in all things approved and adopted.  resolution, except as noted herein, be, and the same are hereby, repealed and revoked.  resolved.  ATTEST:  APPROVED:  Sorangel O. Arenas, City Secretary APPROVED ASTO FORM:  Clyde C. Hairston, Mayor  David T. Ritter, City Attorney    EXHIBIT A  Lancaster ***** All-America City AMONALS I  City ofLancaster, Texas  2021 City Council Retreat  Lancaster The. Shining Texas Starof  Final  2019  Report  THE ELIM GROUP  bakertilly now, for tomorrow.  June 25-26,2021    Contents  Background, Objectives & Approach Workshop Agenda & Council Expectations:  4 9 11 24 26 29  Our Journey to Excellence  Practical Leadership = the Work of Leaders City Council Policies and Procedures Review  Vision and Mission  Strategic Goals & Objectives  THE ELIM GROUP  bakertilly now, fort tomorrow.    Lancaster The Shining Star ofTexas  2021 City Council Retreat  BACKGROUND,  OBJECTIVES & APPROACH  bakertilly now, fort tomorrow.  THE GROU    Background, Objectives & Approach. :  The City of Lancaster engaged The Elim Group ("Elim") and Baker Tilly to plan and facilitate the 2021 strategic planning retreat for the Mayor, City Council, City Managerand City Secretary. The retreat was held on June 25th and  26th, at the Lancaster Pump Station.  Background  The City of Lancaster, Texas is located in Dallas County and is governed under the Counci-Manager form of government. Serving a population of approximately 40,000 residents, the City is situated within a strategically important growth corridori in Dallas's Southern Sector, with highly advantageous access to the national transportation network. Lancaster leaders have established a disciplined and consistent practice of annual strategic planning workshops to assist the Mayor, Council and executive staff to articulate a collective vision for the community and to agree In 2021, the City Council included two new members and the City was emerging from the challenges of the COVID-19 pandemic of 2020. In recognition of these factors, the City Council and City Manager agreed that a "refresh" of some oft the core aspects of the Lancaster Strategic Plan, including the City's vision and mission statements, strategic goals and objectives, and priorities for the 2021-2022 fiscal years. Additionally, the planning retreat included activities and dialog to strengthen; governance, teamwork, and City Council polices and procedures.  on specific goals and objectives for the future of the community.  Objectives  The intended outcomes of the strategic planning retreat were clearly articulated by the City in advance and are rooted ini the organization's  commitment to annual strategic planning retreats. The objectives for the annual retreat include:  Support the City Council's efforts to be a strong and cohesive governing body, building trust, and collaborating to address the evolving Review and revise as necessary the policies, procedures and practices the City Council uses to guide its governance and decision-making  needs of the Lancaster community.  processes.  Refine, as needed, the specific, high-priority goals and objectives required to move the city forward.  Scope and Approach  The scope of the 2021 strategic planning retreat mirrored that of prior retreats and included the following tasks:  Work with the City Manager'so office, City Secretary and Mayor to develop a program to best serve the needs of the City Council. Strengthen teamwork, collaboration, mutual respect, and trust between and among Council members and City staff. Facilitate the City Council's annual review of its rules and procedures and the identification of needed clarifications or amendment  Review the Council's strategic goals and priorities based on past success and future needs.  Document the results of the retreat in a written summary report.  THE GROU  bakertilly now, fort tomorrow.    5T  Lancaster The Shining Star ofTexas  2021 City Council Retreat  WORKSHOP AGENDA,  COUNCIL INTRODUCTIONS &  COUNCIL EXPECTATIONS  bakertilly now, fort tomorrow.  THE GROU    Workshop Agenda and Expectations.. Retreat Overview :  What does our past success tell us about our potential for future accomplIshment?  Given changes in leadership and the impact of the pandemic, are our statements of vision and mission still  2021 Retreat Overview  accurate?  How can we become an even more effective team of community leaders?  What are our collective goals and objectives in this new era?  What changes to our policies can help our continued progress?    Workshop Agenda and Expectations.. Agenda :  Time Activity 8:00 Coffee is On!  Participants  8:45  Welcome/Opening Comments  Mayor/City Manager Mike/David E  8:50 Agenda Review/Ground Rules  Introductions and Summit Expectations  9:00  Mike/Team  Retreat Agenda  10:00 BREAK  10:15 Our Journey to Excellence  David E/Team  Friday June 25  11:45 LUNCH  12:30 Practical Teamwork  Mike/Team  2:30  BREAK  2:45 Council Policies and Procedures 3:45 Let's Think Strategically 4:55 Ahas!, Insights, Reflections  Mike/David R/Team Mike/David E/Team Mike/David E/Team  5:00  Dinner and Adjourn  6    Workshop Agenda and Expectations.. Agenda :  Time Activity 8:00 Coffee is On!  Participants  Let's Think Strategically (continued, if necessary)  8:45  Mike/David E  9:45 Strategic Goals & Objectives  Mike/David E/Team  Retreat Agenda  10:30 BREAK  Strategic Goals & Objectives  10:45  David E/Team  Saturday June 26  (continued)  11:45 LUNCH  12:30 Let's Prioritize  David E/Team Team  2:00 Thoughtful Reflection/Next Steps  Final Thoughts/ Adjourn as Completed  3:00  Mayor  7    Workshop Agenda and Expectations.. "Bring & Brag" and Council Expectations :  City Council members were each asked to bring a Memento that meant a lot to them. They told a story about their memento, focusing especially on lessons learned or personal impacts surrounding the item. They also listed their expectations for the results/outcomes oft the 2021 planning retreat as they told their Memento Story.  Clity/6oak  Lome palor RAh4  Podoctive  Ai  Cbsasus dfkor SAEE  1  Vision of Courail  Reppossion  5 Sccos-  BA  THE ELIM GROUP  bakertilly now,f fort tomorrow.  8    oW hatwerethe  OurJourneyto Excellence  Lancaster The Shining Star ofTexas  2021 City Council Retreat  OUR JOURNEY To EXCELLENCE  bakertilly now, fort tomorrow.  THE GROU    Journey to Excellence : History 2008-Present. :.  Retreat participants took some time to reflect on past accomplishments of the City by building a "graphic history" of results obtained, strategies implemented, the impact of critical events, the contributions of key people, the completion  ofhigh-impact projects, and the importantlessons learned over the years.  2008-2012 Recession  COVID-19 Pandemic  KEY GOALS/ RESULTS  b lipdatedZontrig Ordinance st fity    ighings BI Çity Counel oaplne the    2019 hioNr Age City  Pah  *  PROJECTS/ STRATEGIES200 J-20 SeniceRoad 2005 Roadlvuidenjng projects KEYEVENTS AC E GR. ISD PEOPLE  2018 t   palest  e E e  le    2015-2021 areesPatPa  E  AIa ity e APa unway (  Bon 201  Vater W  d  6)   6  N Er Derce  a  PRODUCTS/ SERVICES/ City SITES D -  City Manags pal 2777    &  1177 2015 Neighborhood Wall Mart AD Developer- is Required Pay Attention to Resident! Needs While Growing  1127 2009-2010 FireStation 2009 Extension, AirportRunway Seniorl Life QuakerOats 2012 Rehabilitation Center,Police! Station  77 77 7177  177 2021 Airport Terminal Establishing: and Maintaining Partnershipsis Key  2014 City Amphitheater Continuous EmegenyPeparaness Friendly Attitude is Required TaxBase Diversityis Essential  .  BuildingLeaders Isl Important Competitors Having as Much Success Orl Morel ThanUs  QualityofLife Improvements Are Important  Engaget the Staff Must RightPeople Be Accountable  DATELINE 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021  10    VISION  OBOLDSTEPS  Lancaster The. Shining Star afTexa  2021 City Council Retreat  PRACTICAL TEAMWORK  THE WORK OF LEADERS  bakertilly now, fort tomorrow.  THE GROUI    FVEBQIDSTERS  ACTION  EATAY Clyde  &  Marco  n  Carol  Keithsha  Betty  Angie,  Stanley Racheal  Opal  A  STABILITY  THE ELIM GROUP  bakertillyilly now,f fort tomorrow.  12    SAMPLE WORK OF LEADERS CONTINUUM  Remaining Open and Prioritizing the Big Picture  Seek Closure  Remain Open  Prioritize Big Picture  Prioritize Details  THE GROU  bakertilly now, fort tomorrow.    THE MODEL CONSIDERS THE UPPER THIRD AS BEST PRACTICE  Remaining Open and Prioritizing the Big Picture  Seek Closure  Remain Open  Prioritize Big Picture  Prioritize Details  THE GROU  bakertilly now, fort tomorrow.    VISION: EXPLORATION  Remaining Open and Prioritizing the Big Picture  CB KW MM BD AA RH CH  Seek Closure  Remain Open  SJ OJ  OJ CH KW CB MM BD AA RH  Prioritize Big Picture  Prioritize Details  SJ  THE GROU  bakertilly now, fort tomorrow.    VISION: BOLDNESS  Being Adventurous and Speaking Out  Adven- turous  Cautious SJ  OJ CB RH CH AA KW  BD  MM  KW RH OJ CB BD CH AA  Hold Back  Speak Out  SJ  MM  THE GROU  bakertilly now, fort tomorrow.    VISION: TESTING ASSUMPTIONS  Seeking Counsel and Exploring Implications  Decide Indepen- MM dently  OJ RH BD  SJ KW AA  CB CH  Seek Counsel  AA RH CH Explore KW Implica- BD SJ tions OJ  Push Forward  MM  CB  THE GROU  bakertilly now, fort tomorrow.    ALIGNMENT: CLARITY  Explaining Rationale and Structuring Messaging  MM CH RH CB OJ SJ BD  Offer Intuition  AA KW  Explain Rationale  OJ BD AA  Impromptu Messaging  CH KW Structured RH SJ Messaging  4 MM  CB  THE GROU  bakertilly now, fort tomorrow.    ALIGNMENT: DIALOGUE  Exchanging Perspectives and Being Receptive  Present Information!  RH CB BD SJ  Exchange Perspective  MM  AA  KW OJ  CH  OJ CB  AA KW  Challeng MM RH ing  SJ CH  BD  Receptive  THE GROU  bakertilly now, fort tomorrow.    ALIGNMENT: INSPIRATION  Being Expressive and Being Encouraging  RH  KW BD  Reserved *  OJ AA CB SJ  CH  MM  Expressive  Matter MM of Fact RH  KW SJ CB  AA OJ  BD  CH  Encouraging  THE GROU  bakertilly now, fort tomorrow.    EXECUTION: MOMENTUM  Being Driven and Initiating Action  KW OJ RH BD AA  Low-Key  SJ  CH CB  MM Driven  BD AA MM CH RH CB OJ  Reactive  SJ KW  Initiating  THE GROU  bakertilly now, fort tomorrow.    EXECUTION: STRUCTURE  Providing a Plan and Analyzing In-Depth  CB MM BD  OJ RH AA SJ Plan CH KW  Improvise *  Follow First  Impressions  CH BD  KW AA CB  OJ Analyze RH In-Depth SJ  MM  THE GROU  bakertilly now, fort tomorrow.    EXECUTION: FEEDBACK  Addressing Problems and Offering Praise  SJ CB BD  KW OJ AA  Maintain Harmony  Address Problems  RH  MM  CH  Offer LESS Praise  Offer MORE Praise  AA SJ RH CB OJ  MM  KW  BD CH  THE GROU  bakertilly now, fort tomorrow.    Lancaster The. Shining Star afTexa  2021 City Council Retreat  CITY COUNCIL POLICIES &  PROCEDURES REVIEW  bakertilly now, fort tomorrow.  THE GROUI    Council Policies & Procedures Review :  As an important aspect ofe each annual planning retreat, the members ofthe City Council discuss and provide direction to the City. Attorney regarding of potential changes to the current City Council Policies and Procedures.  Potential Policy and Procedure Revisions  1. Council Duties and Responsibilities, Item 2: The City Attorney was asked to draft language that strengthens the emphasis on collaboration with the Lancaster  Independent School District.  2. Censure Policy: The City Attorney was directed to propose language for the Council's review and consideration clarifying the procedural steps required precedent to the  initiation of the formal censure procedure.  3. Censure Policy: The Council agreed to consider revisions to the censure policy recommended by the City Attorney. The City Attorney will provide written  recommendations for the Council to review, discuss, and act upon at a future meeting  of the City Council.  4. Council Voting System: The City Secretary was directed to explore the feasibility and costs associated with an upgrade to the City's current voting system to allow for a  visible speaker's queue.  THE GROU  bakertilly now, fort tomorrow.    FVEBALDSTERS  Lancaster The. Shining Star afTexa  2021 City Council Retreat  VISION AND MISSION  bakertilly now, fort tomorrow.  THE GROU    Vision and Mission : Word Cloud 1  Council members reviewed and updated the City's statements of vision and mission. They first used online polling technology to create a "word cloud" ofs some of the important aspects of their aspirational vision for the long term  future of] Lancaster. The result of this activity is shown below.  sustainable  1  sound prosperou:  independentsmart  great  -  BE  qualitywelcoming  history  financially  Sanciucepoins  ercessful  - ybo S  diverse  thriving  TH GRC  bakertilly now, fort tomorrow.    Vision and Mission : Updated Vision and Mission Statements 1  Based on the visioning activity, along with an additional activity using photographs shared with workshop participants, the workshop facilitators prepared draft statements ofthe community vision and organizational mission for the review and consideration of the Council. Following discussion, the "refreshed" statements below were approved.  City of Lancaster  City of Lancaster  Vision  Mission  Lancaster is the Shining Star of Texas, with growing opportunities to prosper, live, learn, work and play.  The City of Lancaster partners with our community to deliver sustainable public service preserving, protecting and enhancing the quality of life.  THE ELIM GROUP  bakertilly now,f fort tomorrow.  28    FIVEBOLDSTEPS  VISION  SUPPORIS  CELENCE  VALVES  Lancaster The. Shining Star afTexa  2021 City Council Retreat  STRATEGIC GOALS &  OBJECTIVES  THE GROUI  bakertilly now, fort tomorrow.    Strategic Goals and Objectives : Bold Steps Activity :  Having agreed on vision and mission statements, and following a review of the City's progress on its strategic goals ar objectives over the past year, the Council members worked together as a governance team to identify long range strategic goals for the City, as well as short term priorities for the coming fiscal year. These ideas were plotted on a  graphical template, as shown below.  Increase business retention and expansion programs Enhance community policing Provide diverse, quality housing options Raise community values  Provide evitalizationineentives Proactively reduce code violations Strengthen libraryand recreation programs  Update development codes and overlays Continue implementation of the Economic Develop Strategic Plan Create business incubation opportunities Provide quality entertainment, food options and amenities Fully develop an attractiveand prosperous downtown Follow the 2016 Comp Plan Adopt prudent policies Maintain strong reserves Competitive tax rate Spend bond funds for community needs Improve the bond rating Maintain financlallys sound goverment  Continue Lancaster Univers Continuously improve customer service Maintain competitive compensation Incentivize Lancaster residency Conduct annual Council planning and teambuilding workshops Maintain existing infrastructure Implement community Open Fire Station #4 Expand public transportation options Investin-new and existing City facilities  Healthy, Safe, Engaged Community  Professional &Committed City Workforce  Quality Development  Financially Sound Government  Lancaster  Sound Infrastructure broadband  Update the facility yneeds assessment  -Begin planning for Fire Station 4 site selection Initiate planning for broadband community network Complete a salary compression analysis Develop a proactive code enforcement strategy Explore funding options for a smalll business assistanceintiative Continue implementationoft the comprehensive plan Review and revised development codes/overlay districts Create new TIF districtsincluding downtown, hospital, and campus areas  andfunding  -Begin planning for a future bond election  FY 2021-2022 Council Priorities    Strategic Goals and Objectives : Financially Sound Government :  The following pages present the City Council's consensus of five strategic goals for the City of Lancaster. Workshop also reviewed and approved ofthe specific definition ofeach of the five goals, and verified the specific operational objectives necessary to drive  the accomplishment ofe each goal.  Goal 1: Financially Sound Government  The City has a long-range financial plan and prudent fiscal policies and processes. Appropriat reserve levels and a competitive tax rate ensure that the City has funds available to address  needs of the community and responsibly manage its debt.  Objectives  Adopt prudent policies Maintain strong reserves Competitive tax rate  Spend bond funds for community needs  Improve the bond rating  Maintain financially sound government  THE GROU  bakertilly now, fort tomorrow.    Strategic Goals and Objectives : Quality Development :  Goal 2: Quality Development  The City encourages high quality, diverse housing, commercial and retail development and pur facilities. Policies encourage sustainable building practices, conservation and the use of alternative  energy sources.  Objectives  Update development codes and overlays  Continue implementation of the Economic Develop Strategic Plan  Create business incubation opportunities  Provide quality entertainment, food options and amenities : Fully develop an attractive and prosperous downtown  Follow the 2016 Comprehensive Plan  THE GROU  bakertilly now, fort tomorrow.    Strategic Goals and Objectives : Healthy, Safe & Engaged Community :  Goal 3: Healthy, Safe & Engaged Community  Lancaster is a place where we embrace public safety and proactive code enforcement in our neighborhoods to sustain vibrant residential and business communities. The community celebr unity and participates in citywide events, recreational and cultural activities. Residents have opportunities for involvement in civic life through boards and commissions, youth and parent volunteer opportunities in recreation, sports teams, City elections, and Civic Academies, Schools  and Citywide celebrations.  Objectives  - Increase business retention and expansion programs  Enhance community policing  Provide diverse, quality housing options Provide revitalization incentives Proactively reduce code violations  - Strengthen library and recreation programs  Raise community values  THE GROU  bakertilly now, fort tomorrow.    Strategic Goals and Objectives : Professional & Committed City Workforce...  Goal 4: Professional & Committed City Workforce  Lancaster City Government is an employer of choice with competitive pay that attracts an engaged, responsive, customer-orente., innovative, and effective workforce. Some employees live in the City and all have a sense of ownership for the community. City employees feel needed and appreciated by elected officials, residents, and businesses. Employees are respectful and appreciative of their customers and the City's governing body. The City Council and Executive Staff are engaged with residents and attends community events, upholds strong customer service, and uses technology to  aid them in working smarter  Objectives  Continue Lancaster University  Continuously improve customer service Maintain competitive compensation Incentivize Lancaster residency  Conduct annual Council planning and teambuilding workshops  THE GROU  bakertilly now, fort tomorrow.    Strategic Goals and Objectives : Sound Infrastructure. :  Goal 5: Sound Infrastructure  The City supports an adequate and wel-maintained municipal infrastructure to meet both cur  demands and future expansion needs.  Objectives  - Maintain existing infrastructure Implement community broadband  Open Fire Station #4  Expand public transportation options Invest in new and existing City facilities  THE GROU  bakertilly now, fort tomorrow.    Strategic Goals and Objectives : FY2 2021-2022 Council Priorities  The final step in the 2021 planning process was the development ofa list of the top ten Council priorities for the upcoming 2021-2022  fiscal cycle.  Next Level Lancaster  Fiscal Year 2021-2022 Council Priorities Begin planning for a future bond election  Strategic Goal Served Financially Sound Government Quality Development Quality Development Quality Development Healthy, Safe, & Engaged Community Healthy, Safe, & Engaged  Continue implementation of the comprenensive plan  Review and revise development codes and overlay districts Create new TIF districts including the downtown, hospital, and  campus areas  Develop a proactive code enforcement strategy  Explore funding options for a small business assistance  initiative  Community Professional & Committed City Workforce Sound Infrastructure Sound Infrastructure Sound Infrastructure  Complete a salary compression analysis  Update the facility needs assessment  Begin planning for Fire Station #4 site selection and funding  Initiate planning for a broadband community network  36    ofimmnicatin Sysk * fo Dack7hon Hout * 6o boHom hows * Our Aabe sadri/Duhes Nalhohe SSw HoomR lounToch Dshic Fuk  *SPAa BuSINEss Hlany AsIsAuer Tomwsnt ENPORE FouDE Oprious *TAE FIRE SIAIDNAg Sne SELECnoN SRAEIRE FUDIE foe Sre Pcurgnos * Corpunc A SALREY WoPkpex CoMAKESSbu AuAisis COUrIVuE COmPLAMGAL LPEMCLATON DEV *Ranave PAna Cre EARESRRTE Cur  Koylarso  Stay Focvswdon "The Naxthaul" Ongeiy /LiD Chorgs imat * wha CAn bdo 2 Envoluampib Ambe adoral Lok * Coordirk Wessyy * UKQ 6 * Support Each Othery  RIDSTDS  THE GROU  bakertilly now, fort tomorrow.    CITY OF LANCASTER CITY COUNCIL  City Council Regular Meeting Meeting Date:  2.  08/23/2021  Policy Statement: This request supports the City Council 2020-2021 Policy Agenda  Goal(s):  Financially Sound Government Healthy, Safe & Engaged Community  Submitted by: Carey Neal, Jr., Assistant City Manager  Agenda Caption: September 19, 2021. Background:  Consider a resolution temporarily waiving certain fees from the Master Fee Schedule Article 2.000 related toi the Clear the Shelter Event for a period of twenty-eight days from August 23, 2021, to  The City of Lancaster Animal Shelter has participated in the annual Clear the Shelter event since 2015. Each year, the shelter promotes the adoption of animals by utilizing the Clear the Shelter advertising for a one-day-only free adoption day; however, this year the shelter will participate int the Clear the Shelter event from August 23, 2021, to September 19, 2021. For each day of the campaign, the City will waive all city-assessed adoption-related fees upon Council's approval. Animals adopted through the shelter will  be required to be vaccinated and microchipped.  Legal Considerations:  The resolution has been reviewed and approved by the City Attorney, as to form.  Public Information Considerations: Texas Open Meetings Act. Options/Alternatives:  This item is being considered at a Regular Meeting of the City Council noticed in accordance with the  1. City Council may approve the resolution, as presented. 2. City Council may deny the resolution.  Recommendation: Attachments Resolution  Staff recommends approval oft the resolution, as presented.    RESOLUTION NO.  AI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, TEMPORARILY: SUSPENDING AI PORTION OF THE MASTER FEE SCHEDULE, ARTICLE: 2.000 ANIMAL CONTROL FEES, TO WAIVE ALL FEES FOR THE CLEAR THE SHELTER EVENT-FOR. A PERIOD OF 28 DAYS DURING THE DATES OF AUGUST WHEREAS, the City ofl Lancaster is participating in the annual Clear the Shelter Event from August 23, 2021t to WHEREAS, the City Council of the City of Lancaster, Texas deems it advisable to temporarily suspend certain NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. Thet following fees are hereby temporarily suspended from August 23, 2021, to September 19, 2021:  23, 2021, TO SEPTEMBER 19, 2021, AND PROVIDING AN EFFECTIVE DATE.  September 19, 2021; and  animal adoption related fees to encourage participation in the Clear the Shelter Event.  ARTICLE: 2.000 Animal Control Fees  Sec. 2.100 General (d) Adoption Fees (1): Small Dogs and Puppies $15.00 (2) Large Dogs $25.00 (3) Cats $15.00  (h) Microchip Fee $15.00 per animal  SECTION: 2. The above listed fees will be effective again on September 20, 2021, without further action made by SECTION 3. This resolution shall become effective immediately from and after its passage, as the law and charter in DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 23rd day of August,  Council. such cases provide. 2021. ATTEST:  APPROVED:  Sorangel O. Arenas, City Secretary APPROVED ASTO FORM:  Clyde C. Hairston, Mayor  David' T. Ritter, City Attorney    CITY OF LANCASTER CITY COUNCIL  City Council Regular Meeting Meeting Date:  3.  08/23/2021  Policy Statement: This request supports the City Council 2020-2021 Policy Agenda  Goal(s):  Financially Sound Government  Submitted by: Fabrice Kabona, Deputy City Manager  Agenda Caption: services. Background:  Consider a resolution approving the terms and conditions of an interlocal agreement by and between the City of Lancaster and Dallas County Department of Health and Human Services to provide certain health  The City of Lancaster contracts annually with Dallas County Health and Human Services in order to provide certain public health programs for citizens of Lancaster. These health services include: control services for tuberculosis, sexually transmitted diseases, and other communicable diseases, laboratory services (chemical, biological, bacteriologica analysis); immunizations; child health care; high risk infant Dallas County provides certain health services to various cities throughout Dallas County on a contract for services basis. This cooperative effort allows cities in Dallas County to participate in providing public health services for their residents, which helps promote the effectiveness of local public health programs. Dallas County Health and Human Services provides program health services such as immunizations, child health care, and control services for communicable diseases for Lancaster residents at various locations throughout Dallas County on a sliding fee scale based on ability to pay. Fees charged for  case management, and home visits.  Operational Considerations:  services by the County help offset Lancaster's program costs for each year.  Legal Considerations: City Attorney, as to form. Public Information Considerations:  The terms oft the agreement remains the same and has previously been reviewed and approved by the  This item is being considered at al Regular Meeting of the City Council, in accordance with the Texas  Open Meetings Act. Fiscal Impact:  The FY 2021/2022 contract is the same as current year. There is no increase in fees for services. The cost as stated in Section 3, Budget, (C) of the contract is twelve thousand one hundred six dollars  ($12,106.00). This cost is included ini the FY: 2021/2022 proposed budget.    Options/Alemnatiyes:  1.C City Council may approve the resolution, as presented. 2. City Council may deny the resolution.  Recommendation: Attachments Resolution Exhibit A  Staff recommends approval oft the resolution, as presented.    RESOLUTION NO.  AF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF LANCASTER, TEXAS, AND DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE CERTAIN HEALTH SERVICES; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Dallas County Health and Human Services has offered to provide certain health services to cities WHEREAS, the City of Lancaster desires to participate with Dallas County in establishing coordinated health WHEREAS, Dallas County will operate certain health services for the residents of the City in order to promote the NOW, THEREFORE, BE IT RESOLVED BY1 THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. That the Dallas County Health and Human Services Interlocal Agreement for Fiscal Year 2022, attached hereto and incorporated herein by reference as Exhibit' "A", having been reviewed by the City Council oft the City of Lancaster, Texas, and found to be acceptable and in the best interest oft the City and its citizens, be, and the SECTION 2. That the City Manager of the City of Lancaster, Texas, is hereby authorized to execute said agreement. SECTION 3. That any prior Resolution of the City Council in conflict with the provisions contained in this Resolution SECTION 4. That should any part of this Resolution be held to be invalid for any reason, the remainder shall not be SECTION 5. That this Resolution shall take effect immediately from and after its passage, and it is duly resolved. DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 23rd day of August,  throughout the County on a contract for services basis; and services for its residents and all of Dallas County; and effectiveness ofl local public health programs;  same is hereby, in all things approved.  are hereby repealed and revoked.  affected thereby, and such remaining portions are hereby declared to be severable.  2021. ATTEST:  APPROVED:  Sorangel O. Arenas, City Secretary APPROVED ASTOI FORM:  Clyde C. Hairston, Mayor  David T. Ritter, City Attorney    Exhibit A  THE STATE OF TEXAS  $ S $ $ $ $  INTERLOCAL AGREEMENT FOR COORDINATED HEALTH SERVICES BETWEEN DALLAS COUNTY,TEXAS, ON BEHALFOF DALLASCOUNTYINTYHEALTHAND HUMANSERVICES, AND THE CITY OFLANCASTER, TEXAS  COUNTY OFDALLAS  1.PARTIES  Whereas, Dallas County ("County") has offered toj provide certain health services to the various Whereas, the City ofl Lancaster, Texas ("City")desires to participate with County in establishing Whereas, County will operate certain health services for the residents of City in order to promote Whereas, the cooperative effort will allow cities located within Dallas County to participate in Whereas, such cooperative effort serves and furthers the public purpose and benefits the citizens of Now therefore, County, on behalfofDallas County Health and Human Services(-DCHHS"). enters into this Interlocal Agreement ("Agreement") with City, pursuant to the authorities of the Texas Health and Safety Code Chapter 121, the' Texas Government Code Chapter 791, and lotherapplicable  cities throughout Dallas County on a contract for services basis; and coordinated health services for City and Dallas County; and  the effectiveness of local public health services and goals ("Program"); and  providing public health services for their residents; and  County as a whole.  laws for health services to City.  2.1 HEALTH SERVICES TO BE: PERFORMED  A. County agrees to operate thel Program, which will include the following health services:  1) 2)  Tuberculosis Control Services: providing preventive, diagnostic treatment, and Sexually' Transmitted Disease Control Services: consisting of education to motivate people to use preventive measures and to seek early treatment, prophylaxis, epidemiological investigation, and counseling in accordance with County policy; Communicable Disease Control Services: providing information concerning immunization and communicable diseases and coordinating with the Texas Department of State Health Services ("DSHS") in monitoring communicable  epidemiological services;  3)  diseases;  ILAI FOR COORDINATEDI HEALTH, SVCS BETW DALLAS COUNTY & CITYOFLANCASTER-FY2022    4)  Laboratory Services: performing chemical, biological, and bacteriological analysis and tests on which are based diagnosis of disease, effectiveness of treatment, the quality of the environment, the safety of substance for human consumption, and the  control of communicable disease.  B. County agrees to provide to City, in accordance with state and federal law, the following  public health services: Immunizations; Child health care;  1) 2) 3) 4)  High risk infant case management; and  Home visits.  County alsoagrees to work with City in order to decentralize clinics and toj plan and provide for desired services by City; ;however, any other services that City requires, in addition to the County agrees to charge a sliding-scale fee based on ability to pay to all residents ofe every municipality,including: City, in Dallas County. The fees charged by County for the services listedi in Section 2A oftl this Agreement will be used to offset the City's Program costs for the next. Agreement Term. A schedule of fees tol be charged by County is set out in] Exhibit A.  above mentioned services, may result in additional fees to City.  attached and incorporated herein by reference for all purposes.  D. County agrees that the level of service provided in the Program for City will not be diminished below the level of service provided to City for the same services in the prior Agreement Term except as indicated in Section 2E of this Agreement. For purposes of Section 2E, level of service is measured by the number of patient visits and number of specimens examined. County will submit to City a monthly statement, which will also include the number of patient visits and numbero of specimens examined during the preceding  month.  E. The possibility exists of reductions in state and federal funding to the Program that could result in curtailment ofs services, ifn not subsidized at thel local level. County will notify City in writing of any amount of reduction, and any extent to which services will be curtailedasa result. The notice will also include an amount that City may elect to pay to maintain the original level of services. City will notify County in writing no later than fourteen (14) calendar days after the date of City's 's receipt of the notice ofi funding reduction as to City's decision toj pay thei requested amount or to accept the curtailment of service. IfCity elects to pay thei requested amount, payment is due nol later than forty-five (45)calendar days after the  date of the notice of funding reduction.  3.BUDGET  2  ILAI FOR COORDINATEDI HEALTH, SVCS BETW DALLAS COUNTY & CITYOFLANCASTER-FY2022    A. County agrees to submit to City by July 31st of each year aj proposed budget describing the B. Fort the Term oft this Agreement, County agrees toj provide the services listedi in Section 2of this Agreement at the level of services and for the amount stated in Exhibit B.C. and D which are attached and incorporated herein by reference for all purposes; Payment. City shall pay County the following amount, as stated in Exhibit D Twelve Thousand One Hundred Six and 00/100 Dollars ($12,106.00), which is the agreed upon amount for City's share of the total cost of the Program less federal and state funding. D. Inl lieu of paying the actual dollar amount stated in this Agreement, City has the option, to the extent authorized by law, ordinances or policy, of making a request to negotiate fori in- This Agreement is contingent upon City's appropriation of funds, or ability to perform in- kind services as described in Section 3D ofthis Agreement, fort thes services set forth herein. In the event City fails to appropriate such funds, or provide in-kind services, County shall  proposed level of services for the next Agreement Term;  kind services that are equal in value to the total amount.  E.  not incur any obligations under this Agreement.  4. ASSURANCES  A. County shall operate and supervise the Program.  B. Nothing in this Agreement shall be construed toi restrict the authority of City overi its health programs or environmental health programs or to limit the operations or services of those City agrees toj provide to County or assist County in procuring adequate facilities tol be used for the services under this Agreement. These facilities must have adequate space, waiting areas, heating, air conditioning, lighting, and telephones. None oft the costs and maintenance expenses associated with these facilities shall be the responsibility of County and County shall not bel liable to City or any third party for the condition of the facilities, including any  programs.  C.  premises defects.  D. City and County agree that other cylownymuncpaltes may join the Program by entering into an agreement with County that contains the same basic terms and conditions as  this Agreement.  E. Each party paying for the performance of governmental functions or services under this Agreement must make those payments from current revenues available to the paying party.  5.FINANCING OF SERVICES  3  ILAI FOR COORDINATEDI HEALTH, SVCS BETW DALLAS COUNTY & CITYOFLANCASTER-FY2022    A. The health services provided under this Agreement will be financed as follows:  1) Citya and County will make available tot thel Program all appropriate federal and state funds, personnel, and equipment toj provide the health services included under this Agreement and will usel best efforts to cause these funds and resources to continue to  increase.  2) City shall pay to County, or providei in-kind services, its share of budgeted costs that are: in excess oft the federal and state funding for providing the health services under this Agreement. Budgeted costs shall not exceed those reflected in Exhibits B,C,  and D for the appropriate Agreement Term.  B.  County shall bill City each month an amount equal to one-twelfth (1/12) of its share of annual budgeted costs that exceed federal and state funding fort the expenses oft thej preceding Any payment not made within thirty (30) calendar days ofi its due date shall bear interest in  month.  accordance with Chapter 2251 oft the Texas Government Code. in the Program will be used for administration of the Program.  D. City and County agree that noi more than tenj percent (10%)oft the City's costofparticipating  6.7 TERM  The Term of this Agreement shall be effective from October 1, 2021 through September 30, 2022,  unless otherwise stated in this Agreement.  .TERMINATION  A. Without Cause: This Agreement may be terminated in writing, without cause, by either party B. With Cause: Either party may terminate the Agreement immediately, in whole ori inj part, at its sole discretion, by written notice to the other party, for the following reasons:  upon thirty (30) calendar days prior written notice to the other party.  1) Lack of, or reduction in, funding or resources;  2)  Non-pertormance; Agreement;  3) The improper, misuse, or inept use of funds or resources directly related to this 4) The submission of data, statements, and/or reports that is incorrect, incomplete,  and/or false in any way.  8.1 RESPONSIBILITY  4  ILAI FOR COORDINATED HEALTH, SVCS BETW DALLAS COUNTY & CITYOFLANCASTER-FY2022    County and City agree that each shall bei responsible fori itsown negligent acts or omissions or other tortious conduct in the course of performance of this Agreement, without waiving any governmental immunity available to County or City or their respective officials, officers, employees, or agents under Texas or other law and without waiving any available defenses under' Texas or otherl law. Nothingi in this] paragraph: shall be construed to create or grant any  rights, contractual or otherwise, in or to any third persons or entities.  9.INSURANCE  City and County agree that they will, at all times during the Term of this Agreement, maintaini ini full force and effect insurance or self-insurance to the extent permitted by applicable laws. City and County will be responsible for their respective costs of such insurance, any and all deductible amounts in any policy and any denials of coverage made by their respective insurers.  10. ACCESS TO RECORDS RELEVANT TO PROGRAM  City and County agree toj provide to the other upon request, copies oft the books and records relating to the Program. City and County further agree to give City and County health officials access to all Program activities. Both City and County agree to adhere to all applicable confidentiality provisions, including those relating to Human Immunodeficiency, Virus (HIV) and Sexually Transmitted Disease STD)information, as mandatedbyi federal and statel law, as well as by DSHS.  11.N NOTICE  Any notice to be given under this Agreement shall be deemed to have been given if reduced to writing and delivered inj person by ar reputable courier service or mailed by Registered Mail, postage pre-paid, to the party who is to receive such notice, demand or request at the addresses set forth below. Such notice, demand or request shall be deemed tol havel been given, ifby courier, at the time of delivery, or if by mail, three (3) business days subsequent to the deposit of the notice in the United States mail in accordance herewith. The names and addresses ofthe parties' heretot towhom  notice is to be sent are as follows: Dr. Philip Huang, Director Dallas County Health & Human Services 2377 N. Stemmons Freeway, LB 12 Dallas, TX 75207-2710 12. IMMUNITY  Sorangel O. Arenas, City Secretary  City of Lancaster P.O. Box 940 Lancaster, TX 75146 972-218-1310  This Agreement is expressly made subject to County's and City's Governmental Immunity, including, without limitation, Title: 5 of the' Texas Civil Practices and Remedies Code, and all applicable federal and state laws. The parties expressly agree that no provision of this Agreement isi in any way intended to constitute a waiver ofa any immunities from suit or from liability, or a waiver of any tort limitation, that City or County has by operation of law or otherwise. Nothing in this Agreement is intended to benefit any third party beneficiary.  5  ILAI FOR COORDINATEDI HEALTH, SVCS BETW DALLAS COUNTY & CITY OFLANCASTER-P202    13. COMPLIANCE WITHLAWS AND VENUE  Inj providing services required by this Agreement, City and County must observe and comply with all licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable federal, State, and local statutes, ordinances, rules, and regulations. Texas law shall govern this Agreement and exclusive venue shall lie in Dallas County, Texas.  14. AMENDMENTS AND CHANGES. IN THE: LAW  No modification, amendment, novation, renewal, or other alteration of this Agreement shall be effective unless mutually agreed uponi in writing and executed by the parties hereto. Any alteration, addition or deletion to the terms oft this Agreement which are required by changes in federal or state law are automaticallyi incorporated! herein without written amendment tot this Agreement and: shalll be  effective on the date designated by said law. 15. ENTIRE AGREEMENT  This Agreement, including all exhibits and attachments, constitutes the entire agreement between the parties hereto and supersedes any othera agreements concerning the subject matter ofthis transaction,  whether oral or written. 16. BINDING EFFECT  This Agreement and the respective rights and obligations of the parties hereto shall inure to the benefit and be binding upon the successors and assigns of the parties hereto, as well as the parties  themselves.  17.GOVERNMENT FUNDED PROJECT  Ift this Agreement is funded inj part by either the State ofTexas or the federal government, County and City agree to timely comply without additional cost or expense to the other party, unless otherwise specified herein, to any statute, rule, regulation, grant, contract provision, or other stateor federal law, rule, regulation, or other similar restriction that imposes additional or greater requirements than stated herein and that is directly applicable to the services rendered under the  terms of this Agreement.  18. DEFAULT/ CUMULATIVE RIGHTS/ MITIGATION  In the event of a default by either party, iti isi not a waiver of default if the non-defaulting party fails toimmediately declaread default or delaysi int taking any action. Thei rights and remedies provided iby this Agreement are cumulative, and either party's use ofa any right or remedy will not preclude or waivei its right to use: any other remedy. These rights and remedies arei in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. Both parties have a duty to: mitigate  damages.  19. FISCAL FUNDING CLAUSE  6  ILAI FOR COORDINATEDI HEALTH, SVCS BETW DALLAS COUNTY & CITYOFLANCASTER-FY2022    Notwithstanding any provisions contained herein, the obligations of County and City under this Agreement are expressly contingent upon the availability of funding for eachi item and obligation contained herein for the' Term of the Agreement and any extensions thereto. City and County shall have no right of action against the other party in the event the other party is unable to fulfill its obligations under this Agreement as ai result oflack ofs sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future Agreement Terms. Int the event that County or Cityi is unable toi fulfill its obligations under this Agreement as ai result of lack of sufficient funding, or if funds become unavailable, each party, ati its sole discretion, may provide funds from a separate source or may terminate this Agreement by written notice to the other party at the earliest possible time.  20. COUNTERPARIS, NUMBER, GENDER AND HEADINGS  This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the samei instrument. Words of any gender usedi in this Agreement shall bel held and construed toi include any other gender. Any words ini the singular shall include the plural and vice versa, unless the context clearly requires otherwise. Headings herein are: for the convenience ofr reference only and shall not be considered: in anyi interpretation of  this Agreement.  21. PREVENTION OF FRAUD AND ABUSE  City and County shall establish, maintain, and utilizei internal management procedures sufficient to provide for the proper, effective management of all activities funded under this Agreement. Any known or suspected incident of fraud or program abuse involving County or City's employees or agents shall be reportedimmediately for appropriate action. Moreover, City and County warrant to be not listed on a local, county, state, or federal consolidated list of debarred, suspended, and ineligible contractors and grantees. City and County agree that every person who as part of their employment, receives, disburses, handles or has access to funds collected pursuant to this Agreement does not participate in accounting or operating functions that would permit them to conceal accounting records and the misuse ofs said funds. Each party shall, upon notice by the other  party, refund their respective expenditures that are contrary to this Agreement.  22. AGENCY/INDEPENDENT CONTRACTOR  County and City agree that the terms and conditions of this Agreement do not constitute the creation ofa a separate legal entity or the creation of] legal responsibilities of either party other than under the terms oft this Agreement. County and City are and shall be acting as independent contractors under this Agreement; accordingly,n nothing contained int this Agreement shall be construed as establishing ai master/servant, employer/employee, partnership, joint venture, or joint enterprise relationship between County and City. City and County are responsible for their own acts, forbearance, negligence and deeds, and fort those of theirr respective officials, agents or employees in conjunction  with the performance of work covered under this Agreement.  23. SEVERABILITY  Ifa any provision of this Agreement is construed to be illegal or invalid, this will not affect the ILAI FOR COORDINATEDI HEALTH, SVCS BETW DALLAS COUNTY & CITYOFLANCASTER-FY2022  7    legality or validity of any of the other provisions in this Agreement. Thei illegal orinvalid provision willl be deemed stricken and deleted, but all other provisions shall continue and be given effect asi if  the illegal or invalid provisions had never been incorporated.  24.SIGNATORY WARRANTY  Each person signing and executing this Agreement does hereby warrant and represent that such person has been duly authorized to execute this Agreement onl behalfofCity or County, as the case  may be.  DALLAS COUNTY:  CITY OF LANCASTER:  By: Clay Lewis Jenkins Dallas County Judge  By: Opal Mauldin-Jones City Manager  DATE: Recommended:  DATE: Attested:  By: Dr. Philip Huang Director, DCHHS Approved as to Form*: JOHN CREUZOT DISTRICT ATTORNEY  By: Sorangel O. Arenas City Secretary Approved as to Form:  By: Lacey B. Lucas  By: David T. Ritter City Attorney  Assistant District Attorney  *By law, the District Attorney's Office may only advise or approve contracts orl legal documents on behalfofi its clients. Iti may not advise or approve a contract orl legal document onl behalf ofc other parties. Ouri review oft this document was conducted: solely fromt the legal perspective of our client. Our approval oft this document was offered solely fort thel benefit of our client. Other parties should  not rely on this approval, and should seek review and approval by their owni respective attorney(s).  8  ILAI FOR COORDINATED HEALTH, SVCS BETW DALLAS COUNTY & CITYOFLANCASTER-FY2022    EXHIBIT A  FY 2021 FEE SCHEDULE  SEXUAL HEALTHCLINIC Office Visits Blood Drawing Chemical Lesion Reduction Medical Records Copies Cryotherapy TUBERCULOSIS CLINIC TB Testing-Level I (Office Visit) $30/isit TB Testing-Level II (IGRA) Chest X-Ray Copies LABORATORY GC Culture GEN Probe GC/CT Combo Trichomonas Testing HIV 1&2 Test HIV Test Rapid MTB Testing for TB TB Culture & Concentration TB Identification TB Susceptibility TB/ Acid Fast Stain NURSING SERVICE Hepatitis Al Havrix* Hepatitis B Vaccine* Twinrix Rabies (PE) IPV Pneumococcal" Adacel (Pertusis) (Tdap) HIB Japanese Encephalitis Typhoid Polysaccharide) Typhoid (Oral) Yellow Fever Vaccine** Boostrix Vaccine'(Tdap) Influenza Vaccine* Influenza (High Dose) Rabies. Administrative Feel Serves State Vaccine Foreign Travel Office Visit Fee $25/visit TD*  INFECTIOUS DISEASES  $20/visit $56 each $45 each $5 each $15 each $50 each $56 each $14 each $15.00 each $17 each $15 each $20 each $85 each $25 each $15 each $31 each $8 each $55/Injection $60/Injection $105/njection $340/Injection 50/Injection $125/njection $35/injection $25/injection $335/njection $90/Injection $75 box $185/lnjection $50/Injection 30/Injection $70/Injection $25 each $50/Injection  Non-Contagious Disease Certification Letter $20 each  Comprehensive TB Testing & Evaluation (Incl. Chest X-ray) Pregnancy Test Urinalysis Dark Field Herpes Culture HIV-1 RNATesting HIV-1 Quant Assay Testing Herpes Type 1&2 2 Serology Residual Clinical Specimens  $80 each  $20 each $15 each $16 each $38 each $115each $80 each $50 each $5 each  Varivax* Meningococcal (MCV4)* Shingrix Gardasil (HPV)* Hepatitis A (Pediatric) Hepatitis B (Pediatric) DT DTaP (Daptacel) DTap-HepB-IPV DTaP-IPV Rotavirus PCV13 MMR*  $155/Injection $140/Injection $185/Injection $260/Injection $45/Injection $30/Injection $70/Injection $40/Injection $85/Injection $65/Injection $140/Injection $235/njection $100/Injection  Communicable Disease Program: Hepatitis A/B/C Screening General $35/Test Hepatitis A/B/C Screening Qualified $10/Test Immunization/VFC: Program: DPT,DT,Hib, Well Baby Diabetic Testing Immunization Record Foreign Travel Yellow Card Day Care Center Inspections Temporary Food Permit Funeral Home Inspection FHA, VA, Conventional Loans $125/Licensed Annual Group Home Inspection $50 Food Handler Class Sub-division Plat Approval $200/Residential Animal Control/Quarantine: $7/per day Animal Control/Vicious Animal $12/per day Food Manager Re-certification $50/Test W/Multiple Test Sites  $5/Per child $5/Visit $5/Test $5 each $5 each  Note: (1)"Vaccines marked witha asterisks arep parto oft the Adult Safety NetF Program (ASNP). Clients eligiblet tor receivet throught the ASNPV willb bec chargedaf fee of$10/shot. (2)* "Vaccine Unavailable.  ENVIRONMENTAL HEALTH Septic Tank Inspection Septic Tank Re-inspection Half-Way Houses & Boarding Homes, Residential Mosquito Spraying for Non- contracting cities Water Sample Mosquito Testing  3i0CommercalPusness $260/Residential $35/Residential $85/Commercial $75/plus $25f for each additional unit on site $185/ per hour $50 $35  $2/per authorized child $75/plus $10 per day $200 $150/Unlicensed $15/per person $150/Commercial  Food Establishment Inspection S150yr/estabishment  Food Mgr. Cert. Program $100/per person Food Mgr. Cert. Retesting $50/per person Note: 1)# Indicates $100 charge for State fee  Updated onl May/2021    Dallas County Health and Human Services  Annual Summary of Services January 1, 2020 thru December 31, 2020  Exhibit B Communicable Diseases  Sexually Transmitted Diseases  Tuberculosis  Laboratory  Municipality Addison Balch Springs Carrollton Cedar Hill Cockrell Hill Coppell Dallas Desoto Duncanville Farmers Branch Garland Glenn Heights Grand Prairie Highland Park Hutchins Irving Lancaster Mesquite Richardson Rowlett Sachse Seagoville Sunnyvale University Park Wilmer Out of County Total 23-Jun-20  30 473 260 282 3 82 14,480 178 459 377 2,987 47 1,105 0 16 2,809 321 541 586 28 10 49 1 0 29 457 25,610  72 91 217 230 0 25 7,563 291 205 74 637 116 382 0 33 656 323 562 164 101 18 49 3 3 23 2,947 14,785  41 305 326 201 15 28 39,065 3,398 278 203 1,839 169 1,216 100 80 1,950 375 1,236 323 150 20 164 30 0 90 26,592 78,194  46 15 40 49 7 16 27,691 8,350 46 21 7,818 9 149 4 6 252 72 187 193 18 16 111 44 4 6 14,725 59,895    Dallas County Health and Human Services  Contract Cost by Category  FY2022 Sexually Transmitted Diseases  Exhibit C FY'22 Contract Total  Communicable Diseases  Tuberculosis  Laboratory  Municipality Addison Balch Springs Carrollton Cedar Hill Cockrell Hill Coppell Dallas Desoto Duncanville Farmers Branch Garland Glenn Heights Grand Prairie Highland Park Hutchins Irving Lancaster Mesquite Richardson Rowlett Sachse Seagoville Sunnyvale University Park Wilmer Out of County Total  $ 3,126 $ 12,665 $ 1,628 $ $ 49,283 $ 16,007 $ 12,107 $ $ 27,090 $ 38,171 $ 12,941 $ $ 29,383 $ 40,457 $ 7,979 $  678 $ 2,500 221 $ 589 $ 23,823 722 $ 2,498 103 $ 236 $  9,377 1,011 3,131  $ 313 $ $ 8,544 $  $ 4,398 $ 1,111 $  595 $  $ 1,508,720 $ 1,330,344 $ 1,550,708 $ 407,866 $ 1,754,252 $ 18,546 $ 51,187 $ 134,886 $ 122,989 $ 17,620 $ 311,226 $ 112,049 $ 73,000 $ 115,153 $ 80,156 $ 115,134 $ 67,194 $ 48,270 $ 2,195 $ 38,854 $ 292,679 $ 115,391 $ 77,406 $ 3,712 $ 81,906 $ 56,369 $ 98,857 $ 49,064 $ 2,754 $ 31,608  $ 47,825 $ 36,060 $ 11,035 $ $ 39,281 $ 13,017 $ 8,058 $ 4,897 $ 20,405 $ 6,709 $  678 $ 11,273 309 $ 6,856 133 $ 59 $ 88 $ 3,149 1,061 $ 12,106 2,843 $ 23,756 265 $ 236 $ 1,635 $ 648 $ 59 $ 88 $ 2,597  $ $ $  574 132  $ 1,667 $  $ 3,970 $ 5,805 $ 3,176 $  $ 33,446 $ 56,816 $ 14,886 $ $ 61,057 $ 28,848 $ 12,822 $ $ 2,917 $ 17,766 $ $ 1,042 $ $ 5,105 $ $ 104 $ $ $ $ 3,022 $  5,954 $ 794 $  4,925 362 6,440 99 48  3,166 $ 8,619 $ 6,510 $ 528 $ 1,191 $ 528 $ 4,046 $ 3,573 $  $  $ 47,616 $ 518,382 $ 1,055,585 $ 216,887 $ 77,142  2,668,393  2,600,706 $ 3,103,956 $ 882,204 $ 2,196,195    Dallas County Health and Human Services  Total Contract Costs  FY2022  Exhibit D  Municipality Addison Balch Springs Carrollton Cedar Hill Cockrell Hill Coppell Dallas Desoto Duncanville Farmers Branch Garland Glenn Heights Grand Prairie Highland Park Hutchins Irving Lancaster Mesquite Richardson Rowlett Sachse Seagoville Sunnyvale University Park Wilmer C Outo of County Total "Non-contracting  $ $ $ $ $  2,500 9,377 23,823 2,498 1,011 3,131 1,754,252 17,620 11,273 6,856 80,156 574 38,854 132 3,149 81,906 12,106 31,608 23,756 4,925 362 6,440 99 48 2,597 77,142 2,196,195  $    CITY OF LANCASTER CITY COUNCIL  City Council Regular Meeting Meeting Date:  4.  08/23/2021  Policy Statement: This request supports the City Council 2021-2022 Policy Agenda  Goal(s):  Financially Sound Government Professional and Committed City Workforce  Submitted by: Doril Lee, Human Resources Director  Agenda Caption:  Consider a resolution of the City of Lancaster proposed Fiscal Year 2021/2022 employee insurance program; allowing the City Manager to enter into agreements with employee benefit providers and/or administrators as follows: (1) Blue Cross Blue Shield for medical administration with al Health Savings Account (HSA) option; (2) Equitable for dental benefits administration; (3) Surency for vision benefit administration and renewal of agreements with (4) Dearborn National for Short Term Disability insurance; (5) Flores & Associates for cobra benefit administration; and (6) Alliance Work Partners for employee assistance program administration; authorizing execution of any necessary contracts and  documents pursuant to this resolution.  Background: program.  On August 16, 2021, City Council received a presentation from HUB International the city benefits consultant, regarding the City ofl Lancaster proposed Fiscal Year 2021/2022 employee insurance The City released a Request for Proposals (RFP) to receive competitive proposals fori fully-insured Over the past 12 months, the City has experienced an increase in its loss ratio of 129.6%. Due to the ongoing risk liability in regard tol large claimant spending, BCBS initially provided the City a 23.2%, or +641,225 plan year. HUB International was able to re-negotiate the renewal to a 14.6%, or +$404,726 increase with no plan design changes. HUB has proposed benefit design changes to the PPO and HMO plan which has reduced BCBS' offer to 11%, or +$303,697 above current premiums. HUB is recommending accepting the renewal due to competitiveness of the offer VS. actuarial projections to preserve the City's long-term carrier history. Furthermore, the City's plan of benefits, with the proposed changes are in line with HUB International's municipal benchmark cities like the City of Duncanville, The City currently offers a High Deductible Health Plan (HDHP) and Health Savings Account (HSA) plan option to assist in controlling future health care costs. The City also continued premium incentives for  medical and fully insured dental employee benefit plans.  Keller, Rockwall, Rowlett, and The Colony.  employees who received an annual physical and who didn't use tobacco.  Health Insurance City.  The best and final renewal offer from BCBS represents an 11% increase or +303,697 increase to the  Recommendations for the health plan for 2021/2022 plan year include:    - The City currently subsidizes 100% of the employee-only cost for the HDHP and 56.3% for dependents across all plans. Iti is proposed to not change the employee rates and toi increase dependent subsidy levels on all plans between 57.9% and 61.9%. It is recommended to maintain the current HSA employer funding at $750 for employee-only and $1,500 for employee plus family Modify the PPO and HMO's Emergency Room (ER) Copay $250 + 20% to avoid wasted medical spend and drive employees to lower-cost facilities such as Urgent Care and Telephonic Care. Additionally, it is proposed toi implement deductibles for the HMO plan in the amounts of $1,000 for employee only, $2,000 for family. Furthermore, implement a coinsurance amount of 80% for inpatientloutpatient procedures. These modifications are still considered competitive compared to C Continue Spousal Surcharge of $50 per month to employees whose spouses are working and have coverage offered through their employer. This surcharge is put into place to encourage those participants eligible for other group coverage toi take advantage of that coverage. Additionally, it - Renew with Scott & White for the City's wellness program on 9/1/2021. This program includes Health Risk. Assessments, Fitness and Nutrition Tools, Wellness Workshops, Incentive Continue annual physical and tobacco surcharge of $80 per month. These surcharges are put into place to increase participation in wellness screenings and reduce tobacco utilitzers that are enrolled Continue Alight for those who are enrolled in the High Deductible Health Plan. This service provides employees and dependents with pricing and quality information for hospitals, physicians,  for the 2021/2022 plan year.  HUB's benchmark cities.  allows the City to keep its medical plans more affordable.  Management, and Employer and Employee Risk Factor reporting.  int the City's health plan. pharmacy, and dental services.  Dental Insurance  The City currently contracts with MetLife for Dental Insurance who presented a 13%, or +$20,772. The City received an offer from Equitable who presented a decrease of 5%, or -$8,008. Equitable's benefits and network are very similar to MetLife and rates will be guaranteed for two years. The recommendation  ist to contract with Equitable for the 2021/2022 plan year.  Flexible Spending Account (FSA)  AI Flexible Spending Account (FSA) allows an employee to set aside a portion of his or her earnings to pay for qualified expenses as established in the cafeteria plan, most commonly for medical expenses, but often for dependent care or other expenses. Money deducted from an employee's pay into an FSA is not subject to payroll taxes, resulting in a substantial payroll tax savings. The City received a rate pass, and the recommendation is to renew with Discovery Benefits for the 2021/2022 plan year.  Health Savings Account (HSA)  AH Health Savings Account (HSA) is a tax-advantaged medical savings account available to employees enrolled in a high-deductible health plan. The funds contributed to this account are not subject to federal income tax at the time of deposit. However, HSA funds may only be used to pay for qualified medical expenses. The City currently utilizes HSA Bank to administer the account. HSA Bank presented a rate pass with no changes to benefits. The recommendation is to continue with HSA Bank for the 2021/2022  plan year. Ancillary Insurance  The City is currently utilizing BCBS to provide Basic Life, Optional Life, Short Term Disability, and Long-Term Disability insurance to employees. The City received a rate pass for 2 years. HUB presented an alternative Basic Life/AD&D option that will increase the employees' benefit from 1X Base. Annual Earnings to a max of $100K to 1 X Base Annual Earnings to a max of $200K. Furthermore, BCBS has agreed to increase the guarantee issue for Voluntary Lifel AD&D insurance from $100K to $150K. New hires will be able to elect coverage tot this new amount without evidence of insurability questions. Employees electing voluntary life insurance under the guarantee issue may elect $10K with no evidence ofi insurability. To make these changes, the totali increase to the City is $585.18. The recommendation is    to renew with BCBS for the 2021/2022 plan year. Employee Assistance Program  Employee Assistance Programs (EAPs) are employee benefit programs offered by many employers, typically in conjunction with al health insurance plan. EAPS are intended to help employees deal with problems that might adversely impact their work performance, health, and well-being. Alliance Work Partners presented a rate pass and renewal with Alliance Work Partners is recommended for the  2021/2022 plan year. Vision year.  The City utilizes Surency for vision insurance and the City completed its first year of a four-year rate guarantee. Renewal with Surency for Vision Insurance is the recommendation for the 2021/2022 plan  COBRA Administration  The City requires offering employees the opportunity to continue temporarily their group health coverage under the City's plan if their coverage otherwise would cease due to termination, layoff, or other change ine employment status. The City utilizes Flores & Associates, and the City completed its fourth year ofa five-year rate guarantee. Renewal with Flores & Associates for COBRA Administration is the  recommendation for the 2021/2022 plan year.  Legal Considerations:  The City Attorney has reviewed and approved the resolution and all agreements, as toi form.  Public Information Considerations: Texas Open Meetings Act. Fiscal Impact:  This item is being considered at al Regular Meeting of the City Council noticed in accordance with the  The total health care cost increase tot the City ofLancaster is approximately $295,688, after plan design adjustments and the City would fund approximately 83.5% of total healthcare costs. The total cost for FY  2021/2022 is $2,689,982. Options/Alemnatiyes:  1.C City Council may approve the resolution, as presented. 2. City Council may deny the resolution.  Recommendation: Attachments Resolution Analysis  Staff recommends approval oft the Resolution, as presented.    RESOLUTION NO.  AF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, AUTHORIZING THE CITY OF LANCASTER TO ENTER INTO AGREEMENTS WITH EMPLOYEE BENEFIT PROVIDERS AND/OR ADMINISTRATORS AS FOLLOWS: (1) BLUE CROSS BLUE SHIELD FOR MEDICAL ADMINISTRATION WITH A HEALTH SAVINGS ACCOUNT (HSA) OPTION; (2) EQUITABLE FORI DENTAL BENEFIT ADMINISTRATION; (3) SURENCY FOR VISION BENEFIT ADMINISTRATION AND RENEWAL OF AGREEMENTS WITH (4) DEARBORN NATIONAL FOR SHORT TERM DISABILITY INSURANCE; (5) FLORES & ASSOCIATES FOR COBRA BENEFIT ADMINISTRATION; AND (6) ALLIANCE WORK PARTNERS FOR EMPLOYEE ASSISTANCE PROGRAM ADMINISTRATION; AUTHORIZING EXECUTION OF ANY NECESSARY CONTRACTS AND DOCUMENTS PURSUANT TO THIS RESOLUTION BY THE CITY MANAGER; REPEALING ALL RESOLUTIONS IN CONFLICTS;  PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.  WHEREAS, the City of Lancaster provides medical insurance and other benefits to employees; and WHEREAS, in accordance with Texas competitive bidding laws, a request for proposals was sent out to obtain proposals for the provision ofi insurance and benefit services and administration to determine the best qualified and WHEREAS, the City of Lancaster has determined that the respective companies offer the best insurance and benefit solutions and desires to contract with them to provide the designated benefits and services to City employees. NOW, THEREFORE, BE ITI RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. The City Council authorizes: (1) acceptance of Bid No. 2021-36 to Blue Cross Blue Shield fori medical benefit administration with al Health Savings Account (HSA) option; (2) Equitable for dental benefit administration. Renewal of Bid No. 2017-7 (3): Surency for vision benefit administration (4) Dearborn National for short term disability insurance; (5) Flores & Associates for Cobra benefit administration; and (6). Alliance Work Partners for employee assistance program administration, all accordance with fiscal year 2021-2022 plans; and authorizes the City Manager toe execute any necessary contracts and documents in conformance with this resolution, after approval as to form byt the SECTION 2. Any prior Resolution of the City Council in conflict with the provisions contained in this Resolution is SECTION 3. Should any part of this Resolution be held to be invalid for any reason, the remainder shall not be SECTION 4. This resolution shall take effect immediately from and after its passage, and iti is duly resolved. DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 23th day of August  most cost effective solutions for the City; and  City Attorney.  hereby repealed and revoked.  affected thereby, and such remaining portions are hereby declared to be severable.  2021. ATTEST:  APPROVED:  Sorangel O. Arenas, City Secretary APPROVED ASTOFORM:  Clyde C. Hairston, Mayor    David' T. Ritter, City Attorney    2021 - 2022 Medical Contributions (No Changes to  Employee Rates)  HUB  Enrollment  Unit Costs ($) $609.44 100.0% $452.91 $377.38 $907.32  Total Employee Rates  City Employee (%) ($) $0.00 61.9% $278.83 61.9% $232.34 61.9% $558.57  Total Employee Contribution ($) $0.00 $278.83 $232.34 $558.57  Total Monthly Total Monthly Employee Change Employee Change From Current From Current ($) $0.00 $0.00 $0.00 $0.00  HSA $3,000/100% Full Time Medical Rate City Contribution Contribution Contribution  Employees 137 10 29 24  (%) 0.0% 0.0% 0.0% 0.0%  Employee + Spouse + Children +F Family Premium Contributions 137 Total HSA Contributions Total Contributions  $609.44 $731.74 $609.72 $1,465.89  $1,724,087.04 $1,448,904.96 84.0% $275,182.08 $150,000.00 $150,000.00 100.0% $1,874,087.04 $1,598,904.96 85.32% $275,182.08  $0.00  Employee $750  Family $1,500  HSA Contribution Amounts  City Employee (%) ($) 96.2% $25.45 57.9% $340.03 57.9% $283.33 57.9% $681.18 City Employee (%6) ($) 79.3% $170.14 61.8% $376.91 61.8% $314.06  Total Employee Contribution ($) $25.45 $365.48 $308.78 $706.63 Total Employee Contribution ($) $170.14 $547.05 $484.20 $925.18  Total Monthly Total Monthly Employee Change Employee Change From Current From Current ($) $0.00 $0.00 $0.00 $0.00  HMO Employee + Spouse + Children +F Family Premium Contributions 81  Full Time Medical Rate City Contribution Contribution Contribution  Employees 81 6 15 6  ($) $646.95 $467.30 $389.37 $936.11  (%) 0.0% 0.0% 0.0% 0.0%  $672.40 $807.33 $672.70 $1,617.29  $949,231.44 $799,967.52 84.3% $149,263.92  Total Monthly Total Monthly Employee Change Employee Change From Current From Current ($) $0.00 $0.00 $0.00 $0.00  PPO Employee +S Spouse + Children +Family Premium Contributions 26 All Plans Total Contributions All 244 Plans Change from Current Po Change from Current  Full Time Medical Rate City Contribution Contribution Contribution  Employees 26 3 6 2 Full Time Employees  ($) $651.53 $609.63 $507.99  (%) 0.0% 0.0% 0.0% 0.0%  $821.67 $986.54 $822.05 $1,976.31  $1,221.27 61.8% $755.04 City Contribution City ($)  $398,495.52 $291,109.80 73.1% $107,385.72  Employee Contribution Contribution (%) ($) $0.00 0%  Total Medical Cost  $3,221,814.00 $2,689,982.28 83.5% $531,831.72 $303,696.72 $303,696.72 10%  13%    CITY OF LANCASTER CITY COUNCIL City Council Regular Meeting Meeting Date:  5.  08/23/2021  Policy Statement: This request supports the City Council 2020-2021 Policy Agenda  Goal(s):  Sound Infrastructure Quality Development  Submitted by: Vicki D. Coleman, Director of Development Services  Agenda Caption:  Consider a resolution ratifying an amendment to the agreement for Professional Landscape Architectural Services with Halff Associates in an amount not to exceed $7,600 for additional services related tot the Texas Department of Transportation (TxDOT) Green Ribbon Project C510048-01-067).  Background:  On December 9, 2019, City Council approved an agreement with Halff Associates to prepare Hardscape, Landscape and Irrigation Plans, Specifications, Cost Estimates, Bidding Assistance and Construction Administration for the Dallas Avenue Green Ribbon Project in an amount not to exceed two hundred During the design phase, an additional project that was int the development process (Cold Summit Dallas) submitted plans for a median modification that was subsequently approved by development staff and TxDOT. Because development staff did not provide the approved modifications to Halff Associates during the design phase, a redesign of the median in front of the (Cold Summit Dallas) project is required.  thirty-one thousand dollars ($231,000).  The original agreement was a not to exceed and requires this amendment.  Public Information Considerations: Texas Open Meetings Act options/Alemnatiyes:  This item is being considered at al Regular Meeting of the City Council noticed in accordance with the  1. City Council may approve the resolution, as presented. 2. City Council may deny the resolution.  Recommendation: Attachments Resolution Exhibit A- Contract  Staff recommends approval of a resolution, as presented.    RESOLUTION NO.  AF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS RATIFYING THE TERMS AND CONDITIONS OF AI PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN HALFF ASSOCIATES AND THE CITY OF LANCASTER TO PREPARE HARDSCAPE, LANDSCAPE AND IRRIGATION PLANS, SPECIFICATIONS, COST ESTIMATES, BIDDING ASSISTANCE AND CONSTRUCTION ADMINISTRATIONIOBSERVATION FOR THE DALLAS AVENUE (SH 342) GREEN RIBBON PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT IN THE AMOUNT OF SEVEN THOUSAND SIX HUNDRED DOLLARS ($7,600); PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Green Ribbon Streetscape project has been recognized by City Council as a key economic WHEREAS, the City Council previously approved a contract between Halff Associates on December 9, 2019; and WHEREAS, the City Council recognizes that streetscape construction is underway and seeks to ensure the construction schedule is not hindered by design modifications that are necessary to ensure the project remains NOW, THEREFORE, BE ITI RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. That the City Council authorizes the City Manager to execute the contract which is attached hereto, and SECTION 2. That this resolution shall take effect immediately from and after its passage and it is sO duly resolved. SECTION 3. Any prior resolution of the City Council in conflict with the provisions contained in this resolution are DULYPASSED and approved by the City Council of the City ofl Lancaster, Texas, on this the 23rd day of August  development component for future business attraction; and  delivered on time.  contained herein labeled as Exhibit A; and  hereby repealed and revoked.  2021. ATTEST:  APPROVED:  Sorangel O. Arenas, City Secretary APPROVED ASTO FORM:  Clyde C. Hairston, Mayor  David' T. Ritter, City Attorney    1201 North Bowser Road Richardson, Texas 75081 (214)348-6200 Fax( (214)739-0095  HALFF  ADDITIONAL SERVICES CONFIRMATION  To:  Carey Neal From: David McCaskill Emall: dmccaskil@hal.com  Date: AVO: Project:  July 16, 2021 37379.001 Lancaster N. Dallas Ave. /Hwy 342 Green Ribbon Project  CityofLancaster (CLIENT) has asked Halff Associates (CONSULTANT) to prepared revised construction drawings tos accommodate an added left tum lane at Station 9+00 of N. Dallas Ave.. These services arel beyond the scope of services stated in the Agreement for Professional Landscape Architectural Services dated December 8, 2019. The  specific services provided as part of this amendment: are as follows:  Additional Services  1. Using digital CAD files provided byt the City prepare ar revised sitel base that reflects the addition of al left  tum lane int the median between Station 7+00 and Station 9+00. 2. Revise the overall layout plan to reflect the addition of the left turn lane. 3. Revise the demolition and grading plans to reflect the addition of the left tur lane. Revise the hardscape plans to reflect the addition oft the left tur lane. 5. Revise the landscape planting plans to reflect the addition oft the left tum lane. 6. Revise thei irrigation plans to reflect the addition of the left tum lane. To perform these additional services, Halff is requesting al lump sum fee of $7,600.00.  7. Revise the quantity summary sheet.  We request your signature below to confirm the scope andi fee. lfthe scope and/or fee is not acceptable, please  notify us immediately. CITTY OF LANCASTER  HALFF ASSOCIATES INC.  By: Title: Signature: Date:  Opal Mauldin-Jones (Printname) ÇityManager  By: Title:  David McCaskill Director 444A4- July28, 2021  D nudigbm figaature:  July2 28,2021  Date:    CITY OF LANCASTER CITY COUNCIL City Council Regular Meeting Meeting Date:  6.  08/23/2021  Policy Statement: This request supports the City Council 2020-2021 Policy Agenda  Goal(s):  Sound Infrastructure  Submitted by: Andrew Waits, Director of Public Works  Agenda Caption:  Consider a resolution awarding RFP 2021-30 to Canary Construction, Inc. for replacement of +/- one hundred ninety-two feet (192) of wastewater main at the dead-end of Katy Street under Burlington Northern Santa Fe Railroad (BNSF), in an amount not to exceed one hundred twenty thousand,  sixty-two dollars and thirty cents ($120,062.30).  Background:  Sound Infrastructure has been identified as a Key Performance Objective for the City Council. The City has a maintenance program that tracks and records blockages and sanitary sewer overflows within the City and recommends maintenance based upon historical data. Staff has been completing infrastructure projects annually to realize the goal of having a well-maintained wastewater system. The majority of the sewer lines in the City are clay tile which are prone to root attachment that enters the pipe through cracks and joints causing damage and blockages. Wastewater mains are identified for replacement through routine examination and inspection which reveal cracking and pipe separation. The recently updated master plan prioritizes major capital projects based on growth and developments patterns.  Operational Considerations:  This project consists of replacing approximately one hundred ninety-two (192) linear feet of wastewater line by boring, which is a trench-less method of replacing buried pipelines without the need for a traditional construction trench. This method is cost-efficient and expedites the process. City staff will serve as the project manager and will coordinate with Canary Construction, Inc. to ensure the wastewater main replacement is in accordance with the City of Lancaster design manual specifications. This bid was processed in accordance with all local and state purchasing statutes. Bids were advertised in the Focus Daily News on June 10th and 13th, 2021. Bids were posted on the City's electronic procurement system, and bids were opened on July 15, 2021. Two bids were received with  Legal Considerations:  Canary Construction, Inc. being the lowest qualified bidder.  Public Information Considerations: Texas Open Meetings Act.  This item is being considered at a Regular Meeting of the City Council noticed in accordance with the    Fiscal Impact:  Funding is available ini the current wastewater fund. The total cost reflects Canary Construction, Inc. cost estimate of one hundred four thousand four hundred two dollars and zero cents ($104,402.00) and a 15% contingency of twenty-six1 thousand, one hundred dollars and fifty cents ($15,660.30). Funding will not exceed one hundred twenty thousand, sixty-two dollars and thirty cents $120,062.30).  Options/Altematives:  1. City Council may approve the resolution, as presented. 2. City Council may deny the resolution.  Recommendation: Attachments Resolution Exhibit A Construction Agreement  Staff recommends approval oft the resolution, as presented.    RESOLUTION NO.  AF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, APPROVING THE TERMS AND CONDITIONS OF BID: 2021-30 FOR THE REPLACEMENT OF APPROXIMATELY ONE HUNDRED NINETY-TWO (192) LINEAR FEET OF WASTEWATER MAIN AT THE DEAD-END OF KATY STREET UNDER BURLINGTON NORTHERN SANTA FE RAILROAD (BNSF), IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY THOUSAND SIXTY-TWO DOLLARS AND THIRTY CENTS ($120,062.30), TO CANARY CONSTRUCTION, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Lancaster, Texas, has determined, after due consideration that iti is in the best interest oft the City to award a contract to Canary Construction, Inc. for replacement of approximately one hundred ninety-two feet (192) of wastewater main located at the dead end of Katy Street under BNSF Railroad; and WHEREAS, the bid was processed in accordance with all local and state purchasing statues.  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. That the City Manager of the City of Lancaster, Texas is hereby authorized to execute the contract. SECTION 2. Any prior Resolution of the City Council in conflict with the provisions contained in this resolution are SECTION 3. Should any part of this Resolution to be held to be invalid for any reason, the remainder shall not be SECTION 4. This resolution shall become effective immediately from and after this bid bid was processed in accordance with alll local and state purchasing statues passage, and the law and charter in such cases provide. DULYPASSED and approved by the City Council of the City ofl Lancaster, Texas, on this the 23rd day of August,  hereby repealed and revoked.  affected thereby, and such remaining portions are hereby declared to be severable.  2021. ATTEST:  APPROVED:  Sorangel O. Arenas, City Secretary APPROVED ASTO FORM:  Clyde C. Hairston, Mayor  David' T. Ritter, City Attorney    Sewer line replacement  Sewer main replacement on Katy Street.  Quantity 1EA 1EA 192LF 50 LF 1EA 1EA 1EA 1EA 192LF 192 LF 1LS 1LS 1LS  Description Mobilization & Start up Clear & Grub 15" SDR - 26 PVC 5" DIA STD manhole  30" Steel casing by bore with grout inside 5"DIA drop manhole over existing SS Connect to existing, rehab MH, brick and plug Abandon existing manhole, brick and plug Grout fill existing 8" SS, brick and plug Trench safety Haul off spoils TV, air, mandrel & vacuum Hydro mulch disturbed area  2-year Maintenance Bond Required.  Optional add LS  Iffull bypass with sacrificial bore required  All work shall be in accordance with the City of Lancaster All communication and coordination with BNSF Railway shall  Standard Details.  be completed by the contractor awarded the bid.    E    Line Items Line 1 Name  Turn inj proposal with breakdown of prices and schedule for completio  Qty  UOM 1 1  Price $104,402.00 $277,882.00  Canary Construction, Inc. Grod Construction LLC    City of Lancaster Sewer Main Replacement on) Katy Street  Item No. 1  Name off Pay! Item Mobilization! &5 StartUp Clear & Grub 15"SDR26PVC  Unit Est. UnitE Bid Amount Sid Quantity Price  EA  1 $ 4,000.00 $ 4,000.00 EA 1 $ 2,000.00 $ 2,000.00 LF 192 $ 190.00 $ 36,480.00 LF 50 $ 450.00 $ 22,500.00  30" SteelC Casing by Bore with Grout Inside S'OIASTD Manhole 5'0 DIA Drop Manhole over existing SS Connect to Existing, rehab MH, brick &p plug Abandon existing manhole, brick & plug Groutf fille existing 8" SS, brick & plug  5 6 7 8 9 10 11 12 13  EA EA EA EA  1 $ 9,500.00 $ 9,500.00 1 $10,500.00 $ 10,500.00 1 $ 2,000.00 $ 2,000.00 1 $ 950.00 $  950.00  LF 192 $ 40.00 $ 7,680.00 LF 192 $ 1.00 $  Trench Safety Haul Off Spoils TV, Air, Mandrel &V Vacuum Hydromulcho disturbed area Jobl Total  192.00  LS LS LS  1 $ 2,000.00 $ 2,000.00 1 $ 1,600.00 $ 1,600.00 1 $ 5,000.00 $ 5,000.00  $104,402.00    OPTADD  Iffull bypassy with: sacrificial bore required  LS  $ 5,000.00    I!1!  !  dulilint  11.    Canary Construction, Inc. 802 N Kealy Ave, Suite 101 Lewisville, TX75057 Tel469.464.3823 Fax 469.464.4233 wayne@canaryconstruction.com: www.canaryconstruchon.com  REFERENCES, AND COMPLETED PROJECTS  Project Name: East System Air Valvel Improvements Owner: North" Texas Municipal Water District Contract Amount: $1,711,020.00 Project Date:) June 2017-March 2018 Project Manager: Shay Fanning, 214-808-0506 Project Superintendent:, Jorge Reyes, 469-951-5977 Project Name: Wayland 12"Sanitary Sewer Owner: City of Arlington Contract Amount:! $280,201.00 Project Date: May 2018-june 2018 trench: safety, ande erosion control. Project Manager: Shay Fanning, 214-808-0506 Project Superintendent: Jorge Reyes, 469-951-5977 Project Name: Broad Street Sanitary Sewer Owner: City of Forney Locatton/City, Inspector: Forney Kyranl Hayes 972-5 564-7351 Contract Amount: $532,604.50 Project Date: December 2017-June 2018 coating. Implemented trenchs safety, traffic control, ande erosion control. Project Manager: Shay Fanning, 214-808- 0506 Project Superintendent, Jorge Reyes, 469-951-5977 Project! Name: North Main and: South Elm Water Line Improvements Owner: City of Keller Location/City Inspector: Keller James Byerly 817-881-9497 Contract Amount:: $320,559.00 Project Date: August 2018-December 2018 Implemented trench safety and traffic control. Project! Manager: Shay Fanning, 214-808-0506 Projects Superintendent:, Jorge Reyes, 469- -951-5977 Project Name: Water Improvements TORd.TACDBG7217009 Owner: City of Alvord Location/Cityl Inspector: Alvord - Nathan Dahl 940-427-5916 Contract. Amount: $260,981.00 Project Date: November 2018-January: 2019 control, and erosion control.  Location/City Inspector: Various Locations, johnny Boles 972-689-9598  Scope: Replace 60+ Air Valvesi into Type Aa andl BI Manholes. Implemented traffic control, trench safety, and erosion control.  Location/City Inspector: Arlington - Emily AH Hannon 817-459-6635  Scope: Installed 230 LF of12"Sanitary! Sewer, 2301.Fof12"1 PVC SS, installed 35's sewer manholes. Implemented traffic control,  Scope: Installed 4701 LFof1 12" Sanitary Sewer, 17731 LF of8" Sanitary Sewer, Installed 12 4'1 Dia. Manholes with interior protective  Scope: Installed 15001 LF of8"F PVC, 1801 LF bore and grout 16" Steel Casing pipe, Connected 81 new domestic water servicos.  Scope:1 Installed 19401 LFof6" PVC, Remove and Replace 191 Water! Services to Water Main, implemented trench safety, traffic    ProjectManager: Shay Fanning, 214-808-0506 Projectsuperintendent Jorgel Reyes, 469-951-5977 Project Name: 20181 Washington. Street Water Project Location/City Inspector: Greenville- - Jeremy Smith 903-457-2953  Owner: City of Greenville Contract Amount: $173,415.00 Project Date:) January 2019 traffic control, and erosion control. Project Manager: Shay Fanning, 214-808-0506 Projet5wperintendent, Jorge Reyes, 469-951-5977 Project Name: Albert Retall, Ennis Owner: DAI Ennis 451 Partners LP Location/Cityl Inspector: Ennis Contract Amount: $927,025.00 Project Date: May 2019 Storm Drain Manhole.  Scope: Installed 11001 LFof12"F PVC, Remove and! Replace 1700LFofconcrete: sidewalks/driveways, implemented trench: safety,  Scope: Installed 1040' of8" &6"F PVC, 350' of2" WL. Installed 220' of6" Underground Firel Line, (2) FDC. Installed 750' of8"&6" Sanitary Sewer, (2)4 4' Manholes. Installed 1540'0 of18,24,830" Class ITI RCP,24" Slope Headwall, Contech! Detention. Area, 4'  Project! Manager: Shay! Fanning, 214-808-0506 Proletswperintendent: Jorge Reyes, 469-951-5977 Project Name: Albert Retail, Little Elm III Owner: AE Contractors, LLC Location/City Inspector: Little Elm Contract/ Amount:: $201,853.00 Project Date: September 2019 Project Manager: Shay Fanning, 214-808-0506 Project Superintendent: Jorge Reyes, 469-951-5977  Scope: Installed 470' of12" and 8" Waterline, 300' of6" Fireline, 280' of18" RCP.  Project Name: Winding Creekl Dr., Oak Forest Dr., and Canyon Creek Dr, WL& & KCSI RXR SS Line crossing  Owner: City of! Highland Village Contract Amount: $649,819.00 Project Date: August 2019 services.  Location/City Inspector: Highland Village, Tim Bruedigam 469-446-0612  Scope: Installed 2865' of8" C9001 DR 181 by open cut, 700' of8"C C900 DR-18 by wet bore, installed9i firel hydrants, 43 ands short  long  Implemented trench safety, traffic control, and erosion control.  Project Manager: Shay Fanning, 214-808-0506 Project Superintendent:; Jorge Reyes, 469-951-5977 Project Name: Sanitary Sewer Rehabilitation Owner: City of! Marlin Contract Amount: $747,281.50 Project Date: October 2019  Location/City Inspector: Marlin, TX-I Danny Hayes 936-637-6061  Scope: Installed 4781 LFof15"S Sanitary Sewer (6'-8' open cut), 305 LFof15" Sanitary Sewer (8-10' open cut), 285 LFo of15" Sanitary Sewer (wet bore), 1460 LF of12" Sanitary Sewer (0'-6' open cut), 8251 LFof12" Sanitary Sewer (wet! bore), reconnected 67 long and shorts serviçes, installed 13 4'Manholes up to 6' deep. Implementedi traffic control, trench safety, and crosion control.  Project Manager: Shay Fanning, 214-808-0506 Projertsuperintendent, Jorge Reyes, 469-951-5977  Page2    Project Name: CDBGI Morningside: Sanitary Sewer) Manhole: and Main Linel Replacement Project  Owner: City ofl Lewisville Contract Amount: $543,737.25 Project Date: August 2020 safety,a and erosion control. Project Manager: Shay Fanning, 214-808-0506 Project Superintendent, Jorge Reyes, 469-951-5977 Project! Name: Prairie Creek Sanitary Sewer Realignment Location/City! Inspector: Richardson, TX- Paul Dungan 469-628-6506  Location/Cityl Inspector: Lewisville, TX-I David] Evans 972-219-3522  Scope: Removea and Replace 885 LF of8" Sanitary Seweri in 18" steel casingy with fittings, 44 48" diameter manholes. Remove and replace 8" Sanitary Sewer by Pipe Burst. Remove and replace asphalt and concrete pavement. Implementedi traffice control, trench  Owner: City ofRichardson Contract. Amount: $128,292.00 Project Date: July 2020  Scope: Replace 4271 LFof8" Sewer by Open Cut, 251 LFof8" Sewer by Bore. Install 14ftr manhole. Hydromulch approx. 1200SY.  Implement trenchs safety,erosion: ands sediment control. ProjectManager: Shay Fanning, 214-808-0506 Project Superintendent, Jorge Reyes, 469-951-5977 Project Name: Ponder Sports Complex Owner:" Town of Ponder Contract. Amount: $165,474.00 Project Date: November 2020  Location/City Inspector: Ponder, TX- Gary Morris 940-479-2396  Scope: Install 475 LFof6",9551 LF of 12", and 901 LFof12"1 by! bore Waterlines with all fittings. Instal! 3751 LFof4 4" Sewer witha all  fittings. Implemented trenchs safety, erosion control, andt traffic control. Project Manager: Shay Fanning, 214-808-0506 Project: Superintendent, Jorge Reyes, 469-951-5977 Project Name: SH1 1141 Water and Sewer Relocation Owner: City ofs Southlake Contract. Amount: $784,223.00 Project Date: March 2021 safety, ande erosion control. Project! Manager: Shay Fanning, 214-808-0506 Project Superintendent, Jorge Reyes, 469-951-5977 Project! Name: Albert Retail- - Whispering Farms- Prosper Location/Cityl Inspector: Prosper, TX- Kirks Sharp 972-754-4495  Location/City! Inspector:Southlake, TX- Mark Cisneros 817-458-2064  Scope: Install approximately- 463 LFC of1 12" Waterline by Open Cuty with fittings, approximately 553 LFof12"a and 18" withf fittings, 5)5'n manholes with extra depth. Hydromulch 4000+ square yards, topsoil in disturbed areas. Implement traffic control, trench  Owner: Albert Enterprises Contract Amount: $122,185.00 Project Date: December 2020 safety, and erosion control. Project! Manager: Shay Fanning, 214-808-0506 Project Superintendent:; Jorge Reyes, 469-951-5977  Scope: Install 1251 LFo of6" Waterline by Bore withs steel casing, 701 LFC of1"Waterline by Open Cut with fittings, 95 LFof6" fireline with fittings, 201 LFof6"Sanitary Sewer with1 15ftd drop manhole, 45L LFof24" RCP with ftings. Implementt traffic control, trench  Page 2    List of References for Canary Construction, inc.  Johnny Boles NTMWD Inspector 972-689-9598 boles@ntmwd.com East Systems Air Valve Improvements, North System Air Valve Improvements Jay London NTMWD Project PE 214-507-6412 axondonentmwd.com East Systems Air Valve Improvements Michael Stacey Engineer, Freeman-Millican 214-503-0555 mstaevelmidalas.com Broad! Street Sanitary Sewer James Byerly City of Keller Inspector 817-881-9497 byeryectoheler.cem North Main Street and South Elm Street Waterline Improvements Emily Hannon City of Arlington Engineer 817-459-6635 miamanednstonase. Wayland 12" Sanitary Sewer Mike Mikeska City ofTerrell Engineer 214-288-2244 mmielaesboferelon FM1481 Waterline Relocation  Kirk Sharp Albert Enterprises, Project Manager 972-754-4495 sharp@albertenterprises.com Multiple Projects, various locations Neil Quam City of Dallas Water Utilities Inspector 214-460-6881 Eigamealssthailon 400ne Roof Project Nye Gorelangton DFA, LTDI Project Manager 214-477-8689 nye0825@idoud.com Multiple Projects, various locations Mike Quintero Argyle Water Supply Chief Inspector 940-367-3100 mikelargvewsc.com 18" Waterline Along Sam Davis Road Victor Avila City of DeSoto Construction Inspector 214-662-6816 avaegesorotexasgoy Misc. Water Valve Replacements Mariana Abud Teixeira Duarte Project Manager 469-655-5846 mab@tduarte.com Dickason Addition - Infinity Turtle Creek    NON-APPROPRIATION CLAUSE AFFIDAVIT  Notwithstanding anything to the contrary herein, in the event the City fails to appropriate sufficient funds for any of the City's fiscal years occurring during the term of this agreement, which appropriations are for the purpose of paying the monthly or other charges set forth in this agreement or similar to those described herein, the term of this agreement shall end midnight on September 30, of the City's fiscal year for which appropriations were made without further liability except for payment of monthly charges  due and payable for services provided prior to the date of termination.  APPROVAL: eMapy Signature:/A A  BsTao  Title:  RESENT  -  Company:. Cwney CONSTRuETOIN  Bid# #:  2021-30  Bid Name: WASLEWATET MAN RERACERIENT DF KALY STREET  1    A310"" - 2010 Bid Bond  CONTRACTOR (Nume, legals stahis anda address) Canary Construction, Inc. 802N N. Kealy Avenue, Ste. 101 Lewisville, TX7 75057 OWNER (Name, legals slatus andaddress) Cityo of Lancasler 211N. Henry,P P.O. Box 940 Lancaster, TX75146 PROJECT:  SURETY: Berkley Insurance Company 475 Steamboat Road Greenwich, CT 06830  This document hasi important legal consequences Consultation with an atlorney is encouraged with respeci loi its completion or modification Any singular reference to Contractor, Surety, Owner ord other party shall be considered plural where applicable  BONDAMOUNTS Five Percento of Grealest/ Amount Bid! by Principal ($5% GAB) (Name, locationo ora address, and Prajectmumber, ifany) Wastewater Main Replacement ofk Kaly Street  The Contractor and Surety areb boundi 101 the Owner int thes amount sel forth above, for the paymen! ofwhicht the Contractor and bind themselves, their! heirs, executors, administrators, successors ands assigns, jointly ands severally, as provided herein, The conditions Surety oft this Bond ares sucht that ifthe Owners accepts theb bido ofthe Contractor within thet times specifiedi int theb bido documents, orv withins such time periods as may be agreedlob by the Owner and Contractor, and the Contractor either(1)enters intos a contract with the Owner ins accordancer with the lerms ofs such bid, andg gives such bond orb bonds as may bes specifiedi int theb bidding or Contract Documents, with asurety admittedi int thej jurisdiction ofthe Projecta ando otherwise: acceptablet tot the Owner, for the faithful performance ofsuch Contract and! for the prompt payment ofl labor and material fumishedint the prosecution thereof; or (2)p payst to the Ownert thec difference, nol 106 exceed thes amount ofthis Bond, between the amount specificdi ins said bids and such largera amount for whichi the Owner mayi ing good faith contract withs anotherp partyt toperform the work coveredb said bid, then this obligation shal! ber nulla and void, otherwise tor remaini inf full force ande effect." The Surety hereby waives any nolice ofan by agreement betweent the Owner and Contractor toe extendt thet time inv which! the Owner may acceptt thel bid. Waiver ofr nolice byt the Surety shall nol applyte toa any extension exceeding sixly (60)d daysi inu thes aggregate beyondt thet time fora acceptance ofbidss specifiedi int thet bido documents, and Ift this Bond isi issued inc connection with a subcontractor's bid loa a Contractor, the term Contractor int this Bond: shall be decmed When this Bond! has been furnished toc comply with a statutory or other legal requirement in the location ofthe Project, any provision. in this Bondconflictingy with saids statulory or legalr requirement sha!l be deemed deleted) herefrom andp provisions conforming tos such statulory or other legalr requirement: shall bec decmedi inçorporated herein. When: so (umished, thei intent is that this Bond shallb be  thc Owner and Contractors shall obtaint the Surety'so consent fora and extension beyonds sixty (60) days. tob be Subcontractor and thet term Owner shall be deemed lo be Contraclor. construedas as statutory bondand nota asa ac common lawb bond. E  Signeds andsoaledh  July. 2021  nd (Te) urey) 7hb)  (Sea)  BA  PRESENT Berkley! Insurance Company  (uly  uanp8lung  Allorney-in-Facl  aM9  ASURANCE ORP SEAL 1975 DELAWARE  Conforms with TheA American Institute ofA Architects AIA Document A310    No. BI-10231a-el  POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE  KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the! State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does byt these presents make, constitute and appoint: Paul Guenther Adam;. Joseph. Patrick O'Connor; Peter Severance Batjer; Lisa Welch Friend; Susan Dale Muniz; Rhonda. Ann Underwood; Christine. Jones; or Alan Sisk of Trimble- Baljer insurance Associates LLP of San Antonio, TX its true and lawful Attorcy-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.550,000,000.00), to the same extent as ifs such bonds had been duly executed and acknowledged by the regularly elected This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect tot the principles of conflicts of laws thereof. This Power of Attorey is granted pursuant to the following resolutions which were duly and validly adopted ata a meeting of thel Board of Directors ofthe Company held on. January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chicf Executive Officer, President or any Vice President of the Company, in conjunction with thc Secretary or any Assistant Sccretary arel hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to cxecute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix thc corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the RESOLVED, that such power ofa attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and RESOLVED, that the signature of any authorized oflicer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery ofa any bond, underlaking, recognizance, or others surctyship obligation oft the Company; and: such signature ands seal when so useds shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes hercin stated the facsimile signature of any person or persons who shall have been such officer or officers oft the Company, notwithstanding the fact thatt they may have IN WITNESS WHEREOF, the Company has caused these presents lo) be signed and attested by its appropriate officers and its  officers ofthe Company at its principal office int their own proper persons,  attorney-in-fact and revoke any power ofattorney previously granted; and further  manner and to the extent thercin stated; and further  further  ceased to be such att the time whens suchi instruments shall bei issued. corporate seall hereunto affixed this 18hdayof_ March  2021  Attest: By Iras.) Lederpanl A Executive' Vicel President & Secretary  Insurance Company  4  TATEOFCONAACTICUT) COUNTY ORI FAIRFIELD )  )5s:  Sworn to before rae, a Notary Public in the State of Connecticut, this 18lh day of March 2021 by Ira S. Lederman and Jeflrey M Hafter who are swom to me to be the Executive Vice PrsideyAy/Secar,, and ths Seaior Vice President,  respectively, ofBerkley Insurance Company. MARIO NOTARYPUBIC CRUMIBAKEN  MYC CONMIESIONEKPIRES CONNECTICUT APHAL30,2024 CERTIFICATE  State ofConnecticut  MlzE  I,d the uodersigned, Assistnnt Secretary OfBERKLEY INSURANCE COMPANY,DOI HEREBY CERTIFY tbat the foregoing isa true, correct and complete copy of the origina! Powcr of Attomcy; that said Power of Attomey bas not been, revoked or rescinded and that, the authority oft the Attorney-in-Fact set forth thercin, who executed the bond or undertaking to which this Power of  Aroeif apched, isi inf full force and effect as ofthis date.  Younder my hand and seal ofthe Company, (his_ 15th day of_  Vincent P. Forte  3A    City of Lancaster, Texas  Standard Fixed Price Construction Agreement  This Agreement is made by and between the City of Lancaster, Texas, a home-rule municipality (hereinafter referred to as the "Owner") and Canary Construction, Inc, (hereinafter referred to as the Contractor") for construction of Sewer Main Replacement on Katy St (Bid #2021-30), (hereinafter referred to as the "Project"), the Owner and the  Contractor hereby agree as follows: 1.1 THE CONTRACT  ARTICLE!: CONTRACT & CONTRACT DOCUMENTS 1.1.1 The Contract between the Owner and the Contractor, of which this Agreement is a part, consists of the Contract Documents. Itshall be effective on the date this Agreement is executed by the last party to execute 1.2.1 The Contract Documents consist of this Agreement, the Specifications, the Drawings, all Change Orders and Field Orders issued hereafter, any other amendments hereto executed by the parties hereafter, together with the following (if any): Bid Response Documents not enumerated in this Paragraph 1.2.1 are not Contract Documents and do not form part of this 1.3.1 This Contract, together with the Contractor's performance, maintenance, and payment bonds for the Project, all General Conditions, Special Conditions, Plans and Specifications, and Addenda attached thereto, constitute the entire and exclusive agreement between the Owner and the Contractor with reference to the Project. Specifically, but without limitation, this Contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, ifany, between the Owner and Contractor not expressly 1.4.1 Nothing contained in this Contract shall create, or be interpreted to create, privity or any other contractual agreement between the Owner and any person or entity other than the Contractor. 1.5 INTENT AND INTERPRETATION The intent of this  defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and 1.5.4 The words "include", "includes", or as used in this Contract, shall be deemed to bei followed by the phrase, "without limitation". 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this 1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a 1.5.7 The Contractor shall have a continuing duty to read, carefully study and compare each of the Contract Documents, the Shop Drawings, the Product Data, and any Plans and Specifications, and shall give written notice to the Owner of any inconsistency, ambiguity, error or omission which the Contractor respect to these documents before affected Work. The issuance or the proceeding express or implied approval by the Owner or the Architect of the Contract Documents, Shop Drawings, or Product Data shall not relieve the Contractor of the continuing duties hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The Owner has requested the Architect to only prepare documents for the Project, including the Drawings and Specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. However, the owner makes no representation or warranty of any nature whatsoever tot the contractor concerning such documents. the execution hereof, the Contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representation or warranties by the Owner concerning such documents as no such representation or warranties have been or are hereby made. Further, the Contractor represents and warrants that it has had a sufficient opportunity to inspect the Project site and assumes any and all responsibility for inadequacies or ambiguities in  customary usage.  "including",  it.  1.2. THE CONTRACT DOCUMENTS  Documents. Contract.  Contract.  1.3 ENTIRE AGREEMENT  contrary meaning.  discover with may with the imposed  made  a part hereof. 1.4 No PRIVIYWITHOTHERS  1.5.1  Contract  By  is to require complete,  correct and timely execution of the Work. Any Work that may be required, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the 1.5.2 This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contract Document shall be considered as required by the Contract. 1.5.3 When a word, term or phrase is used in this Contract, it shall be interpreted or construed, first, as  Contractor for the Contract Price.    the plans, drawings or specifications as well as for latent conditions of the site where the work is tol be performed. 1.5.8 As between numbers and scaled measurements on the Drawings and in the Design, the numbers shall govern, as between larger scale and smaller scale drawings, the larger scale shall govern. 1.5.9 Neither the organization of any of the Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Design, shall control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be performed by Subcontractors. 1.6 OWNERSHIP OF CONTRACT DOCUMENTS 1.6.1 The Contract Documents, and each of them, shall remain the property of the Owner. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; provided, however, that in no event shall Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the Owner's prior 2.1 The Contractor shall perform all of the Work required, implied or reasonably inferable from, this 2.2.1 The term "Work" shall mean whatever is done by or required of the Contractor to perform and complete its duties under this Contract, including the following: construction of the whole or a designated part of the Project; furnishing of any required surety bonds and nsurance, and the provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, permits and licenses required of the Contractor, fuel, heat, light, cooling and all other utilities as required by this Contract. The Work to be performed by the Contractor is generally described as follows: Bid #2021-30 and Sewer Main Replacement The project consists of the construction of an... 2.2.2 The Contractor shall be responsible for paying for and procuring all materials and labor and furnishing all services necessary or appropriate for thet full performance of the Work and thet for thei full completion of the Project. All materials shall be new and materials and workmanship shall be of good quality. Upon request, the Contractor shall furnish satisfactory proof of the type, kind, and quality of materials. 3.1 TIME AND LIQUIDATED DAMAGES  later than forty-five (45) working days from the date specified in the Notice to Proceed. The parties acknowledge that time is of the essence in the performance of the terms of this Contract. The term "calendar days" shall mean any and all or month, no days being excepted. Iti is contemplated by the parties that the progress of the Work may be delayed by certain conditions beyond the control of the parties; these delays have been contemplated by the parties and considered in the time allotted for performance specified herein and includes, but is not limited to delays occasioned on account of adverse weather, temporary unavailability of materials, shipment delays, and the presence and potential interference of other contractors who may be performing work at the Project site The number of calendar days from the date on which the for Substantial Completion, shall constitute the "Contract 3.1.2 The Contractor shall pay the Owner the sum of $120.00 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated 3.1.3 In the event that the Contractor achieves certification of substantial completion prior to the scheduled completion date, the Owner shall pay to the Contractor the sum of $0.00 per day for each calendar day that substantial completion is certified in advance of 3.1.4 No claim shall be made by the Contractor to the Owner, and no damages, costs or extra compensation shall be allowed or paid by the Owner to the Contractor for any delay or hindrance from any cause in the progress or completion of the Work or this Contract. The Contractor's sole remedy in the event of any delay or hindrance shall be to request time extensions by written change orders as provided for hereinafter. Should the Contractor be delayed by an act of the Owner, or should the Owner order a stoppage of the Work for sufficient cause, an extension of time shall be granted by the Owner by written authorization upon written application,  of the week days  unrelated to this agreement. Work is permitted to Time".  the date forth set  proceed, through  written authorization.  ARTICLE I: THE WORK  Contract. 2.2 WORK  estimate of delay  to be sustained the  damages likely  by  damages.  on Katy St.  the scheduled completion date.  ARTICLE Ill: CONTRACT TIME  3.1.1 The Contractor shall commence the Work within 10 days of receipt of a written Notice to Proceed, and shall achieve Substantial Completion of the Work no  2    which extension shall not be unreasonably denied, to 3.1.5 The Owner shall have the authority to suspend the Work wholly or in part for such period or periods of time as it may deem appropriate due to unsuitable conditions considered unfavorable for the proper prosecution of the Work or for the failure of the Contractor to carry out instructions from the Owner or Owner's representative. During any period in which the Work is stopped or during which any of the Work is not actively in progress for any reason, Contractor shall properly protect the site and the Work from damage, loss 3.2.1 Substantial Completion" shall mean that stage in_ the progression of the Work when the Work is sufficiently complete in accordance with this Contract that the Owner can enjoy beneficial use or occupancy of the Work and can utilize the Work for its intended purpose, even though minor miscellaneous work and/or 3.3.1 All limitations of time set forth in the Contract Documents are of the essence of this Contract.  5.2 PAYMENT PROCEDURE Contractor as provided below.  compensate for the delay.  5.2.1 The Owner shall pay the Contract Price to the 5.2.2 PROGRESS PAYMENTS - Based upon the Contractor's Applications for Payment submitted to the Architect and upon Certificates for Payment subsequently issued to the Owner by the Architect, the Owner shall make progress payments to the Contractor 5.2.3 On or before the 25th day of each month after commencement of the Work, the Contractor shall submit an Application for Payment for the period ending the 15th day of the month to the Architect in such form and manner, and with such supporting data and content, as the Owner or the Architect may require. Therein, the Contractor may request payment for ninety percent (90%) of that portion of the Contract Price properly allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Work, less the total amount of previous payments received from the Owner. Such Application for Payment shall be signed by the Contractor and shall constitute the Contractor's representation that the Work has progressed to the level for which payment is requested ina accordance with the Schedule of Values, that the Work has been properly installed or performed in full compliance with this Contract, and that the Contractor knows of no reason why payment should not be made as requested. Thereafter, the Architect will review the Application for Payment and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the Work is as represented in the Application for Payment and is as required by this Contract. The Architect shall determine and certify to the Owner the amount properly owing to the Contractor. The Owner shall make partial payments on account of the Contract Price to the Contractor within days following the Architect's receipt and approval of each Application for Payment. The amount of each partial payment shall be the amount certified for payment by the Architect less such amounts, if any, otherwise owing by the Contractor to the Owner or which the Owner shall have the right to withhold as authorized by this Contract. The Architect's certification of the Contractor's Application for Payment shall not preclude the Owner from the exercise of any of its rights as set forth in Paragraph 5.3 below. 5.2.4 The Contractor warrants that title to all Work covered by an Application for Owner no later than the time of Contractor further warrants that upon submittal of an Application for Payment, all Work for which payments have been received from the Owner shall be free and clear of liens, claims, security interest or other encumbrances in favor of the Contractor or any other 5.2.5 The Contractor shall promptly pay each Subcontractor out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to  on account of the Contract Price.  or harm.  3.2 SUBSTANTIAL COMPLETION  adjustment may be required. 3.3 TIME IS OF THE ESSENCE  ARTICLE IV: CONTRACT PRICE  4.1 THE CONTRACT PRICE  4.1.1 The Owner shall pay, and the Contractor shall accept, as full and complete payment for all of the Work required herein, the fixed sum of: Fee: One Hundred Four Thousand Two Dollars and Zero Cents. ($104,402.00) The sum set forth in this Paragraph 4.1 shall constitute the Contract Price which shall not be modified except by written Change Order as provided int this Contract. ARTICLE V: PAYMENT OF THE CONTRACT PRICE 5.1.1 Within ten (10) calendar days of the effective date hereof, the Contractor shall submit to the Owner and/or to the Architect a Schedule of Values allocating the Contract Price to the various portions of the Work. The Contractor's Schedule of Values shall be prepared ins such form, with such detail, and supported by such data as the Architect or the Owner may require to substantiate its accuracy. The Contractor shall not the Schedule of Values nor artificially inflate thereof. The violation of this provision by the Contractor shall constitute a material breach of this Contract. The Schedule of Values shall be used only as ab basis for the Contractor's Applications for Payment and shall only constitute such basis after it has been acknowledged and accepted in writing by the Architect  (30) thirty  5.1 SCHEDULE OF VALUES  will Payment pass payment.  to the The  imbalance element any  person or entity whatsoever.  and the Owner.    which such Subcontractor is entitled. In the event the Owner becomes informed that the Contractor has not paid a Subcontractor as herein provided, the Owner shall have the right, but not the duty, to issue future checks in payment to the Contractor of amounts otherwise due hereunder naming the Contractor and such Subcontractor as joint payees. Such joint check procedure, if employed by the Owner, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check and shall not be deemed to commit the Owner to repeat the procedure 5.2.6 No progress payment, nor any use or occupancy oft the Project by the owner, shall be interpreted to constitute an acceptance of any Work not in strict 5.3.1 The Owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the Owner from loss because (a) defective Work not remedied by the Contractor nor, in the opinion of the Owner, likely to be remedied by the Contractor; (b) claims of third parties against the Owner or the Owner's property; (c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion; (d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the (e) evidence that the Work will not be completed in the time required for substantial or final completion; (f) persistent failure to carry out the Work in accordance with the Contract; (g) damage to the Owner or a third party to whom the Owner is, or may be, liable. In the event that the Owner makes written demand upon the Contractor for amounts previously paid by the Owner as contemplated in this Subparagraph 5.3.1, the Contractor shall promptly comply with such demand. The Owner shall have no duty to third parties to withhold payment to the Contractor and shall incur no liability for a failure to 5.4.1 If within fifteen (15) days after the date Owner, the Owner, without cause or basis hereunder, payable to the Contractor, then the Contractor may after  ten (10) additional days' written notice to the Owner and the Architect, and without prejudice to any other available rights or remedies it may have, stop the Work until payment of those amounts due from the Owner have been received. Late payments shall not accrue 5.5.1 When the Contractor believes that the Work is substantially complete, the Contractor shall submit to the Architect a list of items to be completed or corrected. When the Architect on the basis of an inspection determines that the Work is in fact substantially complete, it will prepare a Certificate of Substantial Completion, shall state the responsibilities of the Owner and the Contractor for Project security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall complete the items listed therein. Guarantees required by the Contract shall commence on the date of Substantial Completion of the Work. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them in such certificate. Upon Substantial Completion of the Work, and execution by both the Owner and the Contractor of the Certificate of Substantial Completion, the Owner shall pay the Contractor an amount sufficient to increase total payments to the Contractor to one hundred percent (100%) of the Contract Price less three hundred (300%) of the reasonable cost as determined percent by the Owner and the Architect for completing all incomplete Work, correcting and bringing into conformance all defective and nonconforming Work, and handling all 5.6 COMPLETION AND FINAL PAYMENT 5.6.1 When all of the Work is finally complete and the Contractor is ready for a final the Owner and the Architect thereof in writing. Thereupon, the Architect will make final inspection of the Work and, if the Work is complete in full accordance with this Contract and this Contract has been fully performed, the Architect will promptly issue a final Certificate for Payment certifying to the Owner that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any. amount withheld pursuant to this Contract. If the Architect is unable to issue its final Certificate for Payment and is required to repeat its final inspection of the Work, the Contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the Owner from the 5.6.1.1 If the Contractor fails to achieve final completion within the time fixed by the Architect in its Certificate of Substantial Completion, the Contractor shall Owner the sum set forth hereinabove as liquidated damages per day for each and every calendar of unexcused delay in achieving final completion beyond  interest or other late charges. 5.5 SUBSTANTIAL COMPLETION  int thet future.  Completion which shall establish  of Substantial  the date  accordance with this Contract. 5.3 WITHHELD! PAYMENT  of:  unsettled claims.  Contract Price,  it shall notify  inspection,  withhold funds. established fails to pay the  Contractor's final payment.  5.4 UNEXCUSED FAILURE TO PAY  pay the day  herein for payment to the Contractor by the  Contractor  any amount then due and    the date set forth herein for final completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that final completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any, amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. Ifand when the Contractor overcomes the delay in achieving final completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated 5.6.2 The Contractor shall not be entitled to final payment unless and until it submits to the Architect its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which the Owner, or the Owner's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all Subcontractors of the Contractor and of any and all other parties required by the Architect or the Owner; consent of Surety, if any, to final payment. If any third party fails or refuses to provide a release of claim or waiver of lien as required by_ the Owner, the Contractor shall furnish a bond satisfactory to the Owner to discharge any such lien or 5.6.3 The Owner shall make final payment of all sums due the Contractor within ten (10) days oft the Architect's execution of a final Certificate for Payment. 5.6.4 Acceptance of final payment shall constitute a waiver of all claims against the Owner by the Contractor except for those claims previously made in writing against the Owner by the Contractor, pending at the time of final payment, and identified in writing by the Contractor as unsettled at the time of its request for final 5.6.5 Under no circumstance shall Contractor be entitled to receive interest on any payments or monies due Contractor by the Owner, whether the amount on which the interest may accrue is timely, late, wrongfully withheld, or an assessment of damages of any kind. 6.1 INFORMATION, SERVICES AND THINGS REQUIRED 6.1.1 The Owner shall furnish to the Contractor, at the time of executing this Contract, any and all written and tangible material in its possession concerning conditions below ground at the site of the Project. Such written and tangible material is furnished to the Contractor only in order to make complete disclosure of such material and for no other purpose. By furnishing such material, the Owner does not represent, warrant, or  guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefore. The Owner shall also furnish surveys, legal limitations and utility locations (if known), and a legal description of 6.1.2 Excluding permits and fees normally the responsibility of the Contractor, the Owner shall obtain all approvals, easements, and the like required for construction and shall pay for necessary assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in 6.1.3 The Owner shall furnish the Contractor, free of charge, one copy of the Contract Documents for 6.2.1 If the Contractor persistently fails or refuses to perform the Work in accordance with this Contract, or if the best interests of the public health, safety or welfare sO require, the Owner may order the Contractor to stop the Work, or any described portion thereof, until the cause for stoppage has been corrected, no longer exists, or the Owner orders that Work be resumed. In such event, the Contractor shall immediately obey such order. 6.3 OWNER's RIGHT TO PERFORM WORK 6.3.1 Ift the Contractor's Work is stopped by the Owner under Paragraph 6.2, and the Contractor fails within seven (7) days of such stoppage to provide adequate assurance to the Owner that the cause of such stoppage will be eliminated or corrected, then the Owner may, without prejudice to any other rights or remedies the Owner may have against the Contractor, proceed to carry out the subject Work. In such a situation, an appropriate Change Order shall be issued deducting from the Contract Price the cost of correcting the subject deficiencies, plus compensation for the Architect's additional services and expenses necessitated thereby, ifany. If the unpaid portion of the Contract Price is insufficient to cover the amount due the Owner, the Contractor shall pay the difference to the Owner. ARTICLE VII: THE CONTRACTOR 7.1 The Contractor is again reminded of its continuing duty set forth in Subparagraph 1.5.7. The Contractor shall perform no part of the Work at any time without adequate Contract Documents or, as appropriate, approved Shop Drawings, Product Data or Samples for such portion of the Work. If the Contractor performs any of the Work knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contractor shall bear responsibility for such performance and shall bear the cost of correction. 7.2 The Contractor shall perform the Work strictly in 7.3 The Contractor shall supervise and direct the Work using the Contractor's best skill, effort and  the Project site.  existing facilities. execution of the Work. 6.2 RIGHT TO STOP WORK  damages.  indemnify the Owner from liability.  payment.  ARTICLE VI: THE OWNER  FROM OWNER  accordance with this Contract.    attention. The Contractor shall be responsible to the Owner for any and all acts or omissions of the Contractor, its employees and others engaged in the 7.3.1 The Contractor shall give adequate attention to the faithful prosecution of the Work and the timely completion of this Contract, with authority to determine the manner and means of performing such Work, sO long as such methods insure timely completion and 7.3.2 The Contractor shall exercise all appropriate in order to avoid and prevent injury, damage or loss to 7.4.1 The Contractor warrants to the Owner that all labor furnished to progress the Work under this Contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this Contract, and that the Work will be of good quality, free from faults and defects and in strict conformance with this Contract. All Work not conforming to these requirements may be considered defective. 7.5 The Contractor shall obtain and pay for all permits, fees and licenses necessary and ordinary for the Work. The Contractor shall comply with all lawful requirements applicable to the Work and shall give and maintain any and all notices required by applicable law 7.6.1 The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Absent written instruction from the Contractor to the contrary, the superintendent shall be deemed the Contractor's authorized representative at the site and shall be authorized to receive and accept any and all communications from the Owner or the Architect. Key supervisory personnel assigned by the to this Project are as follows:  provisions of this Subparagraph 7.6.2 as though such individuals had been listed above. 7.7 The Contractor, within fifteen commencing the Work, shall submit to the Owner and the Architect for their information, the Contractor's schedule for completing the Work. The Contractor's schedule shall be revised no less frequently than monthly (unless the parties otherwise agree in writing) and shall be revised to reflect conditions encountered from time to time and shall be related to the entire Project. Each such revision shall be furnished to the Owner and the Architect. Failure strictly comply with the provisions of this Paragraph 7.7 shall constitute a material breach of this Contract. 7.8 The Contractor shall the site, for the benefit of the owner and the Architect, one record copy of this Contract marked to record on a current basis changes, selections and modifications made during construction. Additionally, the Contractor shall maintain at the site for the Owner and Architect the approved Shop Drawings, Product Data, Samples and other similar required submittals. Upon final completion of the Work, all of these record documents shall be 7.9 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 7.9.1 Shop Drawings, Product Data, Samples and other submittals from the Contractor do not constitute Contract Documents. Their purpose is merely to demonstrate the manner in which the Contractor intends to implement the Work in conformance with information received from the Contract Documents. 7.9.2 The Contractor shall not perform any portion of the Work requiring submittal and review of Shop Drawings, Product Data or Samples unless and until such submittal shall have been approved by the Architect. Approval by the Architect, however, shall not be evidence that Work installed pursuant thereto conforms with the requirements of this Contract. 7.10 CLEANING THE SITE AND THE PROJECT 7.10.1 The Contractor shall keep the site reasonably completion of the Work, the Contractor shall clean the site and the Project and remove all waste, rubbish, temporary structures, and other materials together with roFtne-Comraclofs-propety-therehem. Contractor shall dispose of all refuse at a Texas Natural Resource Conservation Commission approved landfill. The Contractor shall further restore all property damaged during the prosecution of the Work and shall leave the site in a clean and presentable condition. No additional payment shall be made by the Owner for this work, the compensation having been considered and included in 7.11 ACCESS TO WORK AND INSPECTIONS 7.11.1 The Owner and the Architect shall have access to the Work at all times from commencement of the Work through final completion. The Contractor shall  of  Work on behalf of the Contractor.  (15) days  proper pertormance. measures means and persons or property. 7.4 WARRANTY  Contractor to the by maintain at continuously  to insure a safe and secure jobsite  delivered to the Owner.  pertaining to the Work. 7.6 SUPERVISION  7.6.2 Contractor NAME  clean during  performance of the Work.  Upon final  FUNCTION  (Must be filled out by Contractor)  So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the Owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assume one or more of those functions listed above, the Contractor shall be bound by the  the contract price.    take whatever steps necessary to provide access when requested. When reasonably requested by the Owner or the Architect, the Contractor shall perform or cause to be performed such testing as may be necessary or appropriate to insure suitability of the jobsite or the Work's compliance with the Contract requirements. 7.12 INDEMNITY AND DISCLAIMER 7.12.1 OWNER SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND SHALL BE INDEMNIFIED, DEFENDED, HELD HARMLESS AND RELEASED BY CONTRACTOR FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY OR LOSS TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS, INCLUDING THE CONTRACTOR, OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OF CONTRACTOR UNDER THIS AGREEMENT, INCLUDING CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF OWNER, WITHOUT, HOWEVER, WAIVING ANY GOVERN- MENTAL IMMUNITY AVAILABLE TO THE OWNER UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS INDEMNIFICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOTI INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT IS THE EXPRESSED INTENT OF THE AGREEMENT THAT THE INDEMNITY FOR IN THIS CONTRACT IS AN INDEMNITY EXTENDED BY CONTRACTOR TO INDEMNIFY AND PROTECT FROM THE CONSEQUENCES OF THE CONTRACTOR's AS WELL AS THE OWNER's NEGLIGENCE, WHETHER SUCH IS THE SOLE OR PARTIAL CAUSE OF ANY SUCH INJURY, DEATH, ORI DAMAGE, AND THAT THE CONTRACTORI IS SOLELYI RESPONSIBLE FOR THE INDEMNIFICATION OF OWNER AND DEFENSE OF ANY CLAIMS AGAINST CONTRACTOR AND/OR OWNER ARISING FROM THE WORK PERFORMED 7.12.2 The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and non- contributory as to any insurance maintained by the Owner for its own benefit, including self-insurance. In addition, Contractor shall obtain and file with Owner a Standard Certificate of Insurance evidencing the 7.12.3 In claims against any person or entity of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 7.12 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts  7.13 NONDISCRIMINATION  7.13.1 The Contractor shall not discriminate in against any person, employee or job applicant on the basis of race, color, creed, national original, religion, age, sex, or disability where reasonable accommodations can be effected to enable the person to perform the essential functions of the job. The Contractor shall further insure that the foregoing nondiscrimination requirement shall be made a part and requirement of each subcontract on this Project. 7.14 PREVAILING WAGE RATES 7.14.1 The Contractor shall comply in all respects with all requirements imposed by any laws, ordinances or resolutions applicable to the Project with regard to the minimum prevailing wage rates for all classes of employees, laborers, subcontractors, mechanics, workmen and persons furnishing labor and services to the Project. The City of Lancaster has adopted US Department of Labor's Davis Bacon Wage Determinations as the Prevailing Wage Rate Schedule, available to the Contractor by request, which specifies the classes and wage rates to be paid to all persons. The Contractor shall pay not less than the minimum wage rates established thereby for each class, craft or type of labor, workman, or mechanic employed in the execution of this Contract. The failure of the Contractor to comply with this requirement shall result in the forfeiture to the City of $10.00 of a sum of not less than Sixty Dollars ($60.00) for each person per or portion thereof, that such person is paid less than the rate. Upon request by the Owner, Contractor shall make available for inspection and records, including but not limited to its payroll records, account information and other documents as required by the Owner to insure compliance with this 7.15 JOB SITE SAFETY PRECAUTIONS 7.15.1 The Contractor shall at all times exercise reasonable precautions for the safety of its employees, laborers, subcontractors, mechanics, workmen and others on and near the jobsite and shall comply with all laws, ordinances, regulations, and standards of federal, state and local safety laws and regulations. The Contractor shall provide such machinery guards, safe walk-ways, ladders, bridges, and other safety devices as may be necessary or appropriate to insure a safe and secure jobsite and shall require its subcontractors to comply with this requirement. The Contractor shall immediately comply with any and all imposed by the Architect during the progress of the 7.16 WARNING DEVICES AND BARRICADES 7.16.1 The Contractor shall furnish and maintain such warning devices, barricades, lights, signs, pavement markings, and other devices as may be necessary or appropriate or required by the Architect to protect persons or property in, near or adjacent to the jobsite, including. No separate compensation shall be paid to the  any way  PARTIES THIS TO PROVIDED OWNER NEGLIGENCE  day, prevailing its books and be may  copying  provision.  UNDER THIS AGREEMENT.  required coverage. indemnified  requirements  safety  under this Paragraph 7.12 by an employee  Work.  or other employee benefit acts.    Contractor for such measures. Where the Work is being conducted in, upon or near streets, alleys, sidewalks, or other rights-of-way, the Contractor shall insure the placement, maintenance and operation of any and all such warning devices as may be required by the City of and shall do sO until no longer required by the City. Such devices shall be in compliance with and conform to the manual and specifications for the uniform system of traffic control devices adopted by the Texas 7.17 PROTECTION OF UTILITIES & OTHER CONTRACTORS 7.17.1 The Contractor shall use best efforts to leave undisturbed and uninterrupted all utilities and utility services provided to thej jobsite or which presently exists at, above or beneath the location where the Work is to be performed. In the event that any utility or utility service is disturbed or damaged during the progress of the Work, the Contractor shall forthwith repair, remedy or restore the utility at Contractor's sole expense. 7.17.2 The Contractor understands and acknowledges that other contractors of the Owner or of other entities may be present at the jobsite performing other work unrelated to the Project. The Contractor shall use best efforts to work around other contractors without impeding the work of others while still adhering to the completion date established herein. In the event that the Contractor's work is or may be delayed by any other person, the Contractor shall immediately give notice thereof to the Architect and shall request a written Change Order in accordance with the procedures set forth by this Contract. The Contractor's failure to provide such notice and to request such Change Order shall constitute a waiver of any and all claims associated ARTICLE' VIII: CONTRACT ADMINISTRATION 8.1.1 When used in this Contract the term "Architect" does not necessarily denote a duly licensed, trained or certified architect; as used herein, the term shall be used interchangeably and shall mean a designated Architect, Engineer, or Contract Administrator (who may not be an architect or engineer) for the Owner, said person to be designated or redesignated by the Owner prior to or at any time during the Work hereunder. The Architect may be an employee of the Owner or may be retained by the Owner as an independent contractor but, in either event, the Architect's duties and authority shall be as set forth hereinafter. The Contractor understands and agrees that it shall abide by the decisions and instructions of the Architect notwithstanding the contractual relationship between the Owner and Architect. All of the Owner's instructions to the Contractor shall be through the Int the event the Owner should find it necessary or convenient to replace the Architect, the Owner shall retain a replacement Architect and the status of the replacement Architect shall be that of the former  8.2 ARCHITECT's ADMINISTRATION 8.2.1 The Architect, unless otherwise directed Owner in writing, will perform those duties and discharge those responsibilities allocated to the Architect as set forth in this Contract. The Architect shall representative from the effective date of this Contract until final payment has been made. 8.2.2 The Owner and the Contractor shall communicate with each other in the first instance through the Architect. 8.2.3 The Architect shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the Contractor. The Architect shall render written or graphic interpretations necessary for the proper execution or progress of the Work with reasonable promptness on 8.2.4 The Architect will review the Contractor's Applications for Payment and will certify to the Owner for payment to the Contractor, those amounts then due the Contractor as provided in this Contract. 8.2.5 The Architect shall have authority to reject Work which is defective or does not conform to the requirements of this Contract. If the Architect deems it necessary or advisable, the Architect shall have authority to require additional inspection or testing of the Work for compliance with Contract requirements. 8.2.6 The Architect will review and approve, or take other appropriate action as necessary, concerning the Contractor's submittals including Shop Drawings, Product Data and Samples. Such review, approval or other action shall be for the sole purpose of determining conformance with the design concept and information given through the Contract Documents. 8.2.7 The Architect will prepare Change Orders and may authorize minor changes in the Work by Field Order as provided elsewhere herein. 8.2.8 The Architect shall, upon written request from the Contractor, conduct inspections to determine the date of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records, written warranties and related documents required by this Contract and will issue a final Certificate for Payment upon compliance with the requirements of this Contract. 8.2.9 The Architect's decisions in matters relating to aesthetic effect shall be final if consistent with the intent 8.3.1 The Architect shall determine all claims and matters in dispute between the Contractor and Owner with regard to the execution, progress, or sufficiency of the Work or the interpretation of the Contract Documents, including but not limited to the plans and specifications. Any dispute shall be submitted in writing to the Architect within seven (7) days of the event or  by the be the Owner's  Lancaster  Department of Transportation.  request of the Contractor.  therewith.  8.1 THE ARCHITECT  of this Contract.  8.3 CLAIMS BY THE CONTRACTOR  Architect.  Architect.    occurrence or the first appearance of the condition giving rise to the claim or dispute who shall render a written decision within a reasonable time thereafter. The Architect's decisions shall be final and binding on the parties. In the event that either party objects to the Architect's determination as to any submitted dispute, that party shall submit a written objection to the Architect and the opposing party within ten (10) days of receipt of the Architect's written determination in order to preserve the objection. Failure to sO object shall constitute a waiver of the objection for all purposes. 8.3.2 Pending final resolution of any claim of the Contractor, the Contractor shall diligently proceed with performance of this Contract and the Owner shall continue to make payments to the Contractor in 8.3.3 CLAIMS FOR CONCEALED, LATENT OR UNKNOWN CONDITIONS - The Contractor expressly represents that it has been provided with an adequate opportunity to inspect the Project site and thoroughly review the Contract Documents and plans and specifications prior tos submission of its bid and the Owner's acceptance of the bid. Subject to the conditions hereof, Contractor assumes full responsibility and risk for any concealed, latent or unknown condition which may affect the Work. No claims for extra work or additional compensation shall be made by Contractor in connection with concealed, latent or unknown conditions except as expressly provided herein. Should concealed, latent or unknown conditions encountered in the performance of the Work (a) below the surface of the ground or (b) in an existing structure be at variance with the conditions indicated by this Contract, or should unknown conditions of an unusual nature differing materially from those ordinarily encountered in the area and generally recognized as inherent in Work of the character provided for in this Contract, be encountered, the Contract Price shall be equitably adjusted by Change Order upon the written notice and claim by either party made within seven (7) days after the first observance of the condition. As a condition precedent to the Owner having any liability to the Contractor for concealed or unknown conditions, the Contractor must give the Owner and the Architect written notice of, and an opportunity to observe, the condition prior to disturbing it. The failure by the Contractor to make the written notice and claim as provided in this Subparagraph shall constitute a waiver by the Contractor of any claim arising out of or relating to such concealed, latent or unknown condition and the Contractor thereby assumes all risks and additional costs associated therewith. 8.3.4 CLAIMS FOR ADDITIONAL COSTS - If the Contractor wishes to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the Owner therefore, the Contractor shall give the Architect written notice of such claim within seven (7) days after the occurrence of the event, or the first appearance of the condition, giving rise to such claim. Such notice shall be given by the Contractor before proceeding to execute any additional or changed Work.  The failure by the Contractor to give such notice and to give such notice prior to executing the Work shall constitute a waiver of any claim for additional 8.3.4.1 In connection with claim the Contractor against the Owner for compensation in excess of the Contract Price, any liability of the Owner for the Contractor's costs shall be strictly limited to direct costs incurred by the Contractor and shall in no event include indirect costs or consequential damages of the Contractor. The Owner shall not be liable to the Contractor for claims of third parties, including Subcontractors. The Owner shall not be liable to the Contractor for any claims based upon delay to the Contractor for any reason whatsoever including any act 8.3.5 CLAIMS FOR ADDITIONAL TIME If the Contractor is delayed in progressing any task which at the time of the delay is then critical or which during the delay becomes critical, as the sole result of any act or neglect toact by the Owner or someone acting in the Owner's behalf, or by changes ordered in the Work, unusual delay in transportation, unusually adverse weather conditions not reasonably anticipated, fire or any causes beyond the Contractor's control, then the date for achieving Substantial Completion of the Work shall be extended upon the written notice and claim of the Contractor to the Owner and the Architect, for such reasonable time as the Architect may determine. Any notice and claim for an extension of time by the Contractor shall be made not more than seven (7) days after the occurrence of the event or the first appearance of the condition giving rise to the claim and shall set forth in detail the Contractor's basis for requiring additional time in which to complete the Project. In the event the delay to the Contractor is a continuing one, only one notice and claim for additional time shall be necessary- Ifthe Contractor fails to make such claim as required in this Subparagraph, any claim for an extension of time shall be waived. The procedures and remedies provided by this provision shall be the sole remedy of Contractor and Contractor shall not assert nor be entitled to any additional delays or damages associated therewith. 8.4.1 The Architect shall have authority to order minor changes in the Work not involving a change in the Contract Price or in Contract Time and not inconsistent with the intent of the Contract. Such changes shall be effected by Field Order and shall be binding upon the Contractor. The Contractor shall carry out such Field 8.5.1 In the event that a dispute arises under the terms of this Contract, following an adverse determination by the Architect and proper preservation of the issue as required herein, the parties agree to submit to mediation. In such event, the parties shall agree to a designated person to serve as mediator and  compensation.  any  by  accordance with this Contract.  or neglect on the part of the Owner.  8.4 FIELD ORDERS  Orders promptly. 8.5 MEDIATION    each party shall be responsible for payment of one-half of the total mediation fees. The parties shall submit the dispute to mediation as soon as practical andi in no event later than one (1) year after the Architect's written decision on the matter. At least one designated representative of each party must attend and participate ing good faith in an effort to resolve the matters in dispute. 8.5.2 In no event shall the foregoing provision justify or authorize any delay in the progress of the Work; the parties shall abide by the decision of the Architect in accomplishing the timely completion of the Project. ARTICLE IX: SUBCONTRACTORS  10.2 CHANGE ORDER DEFINED  10.2.1 Change Order shall mean a written order to the Contractor executed by the Owner and the Architect, issued after execution of this Contract, authorizing and directing a change in the Work or an adjustment in the Contract Price or the Contract Time, or any combination thereof. The Contract Price and the Contract Time may be changed only by written Change Order. 10.3 CHANGES IN THE CONTRACT PRICE 10.3.1 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (a) by mutual agreement between the Owner and the Contractor as evidenced by (1) the change in the Contract Price being set forth in the Change Order, (2) such change in the Contract Price, together with any conditions or requirements related thereto, being initialed by both parties and (3) the Contractor's execution of the Change Order, or (b) if no mutual agreement occurs between the Owner and the Contractor, then, as provided in Subparagraph 10.3.2 below. 10.3.2 If no mutual agreement occurs between the Owner and the Contractor as contemplated in Subparagraph 10.3.1 above, the change in the Contract Price, if any, shall then be determined by the Architect on the basis of the reasonable expenditures or savings of those performing, deleting or revising the Work attributable to the change, including, in the case of an increase or decrease in the Contract Price, a reasonable allowance for direct job site overhead and profit. In such case, the Contractor shall present, in such form and with such content as the Owner or the Architect itemized accounting of such expenditures or requires plus appropriate supporting data for inclusion savings, in a Change Order. Reasonable expenditures or shall be limited to the following: reasonable costs savings of materials, supplies, or equipment including delivery costs, reasonable costs of labor, including social security, old age and unemployment insurance, benefits required by agreement or custom, and workers' fringe compensation insurance, reasonable rental costs of machinery and equipment exclusive of hand tools whether rented from the Contractor or others, reasonable costs of premiums for all bonds and insurance, permit fees, and sales, use or other taxes related to the Work, and reasonable cost of direct supervision and jobsite field office overhead directly attributable to the change. In no event shall any expenaiture or savings associated with the Contractor's home office or other non-jobsite overhead expense be included in any change in the Contract Price. final determination of reasonable expenditures or savings to the Owner, payments on account shall be made to the Contractor on the Architect's Certificate for 10.3.3 If unit prices are provided in the Contract, and if the quantities contemplated are sO changed in a proposed Change Order that application of such unit prices to the quantities of Work proposed will cause  9.1 DEFINITION  9.1.1 A Subcontractor is an entity which has a direct contract with the Contractor to perform a portion of the Work. No Subcontractor shall be in privity with the 9.2.1 Upon execution of the Contract, the Contractor shall furnish the Owner, in writing, the names of persons or entities proposed by the Contractor to act as a Subcontractor on the Project. The Owner shall promptly reply to the Contractor, in writing, stating any objections the Owner may have to such proposed Subcontractor. The Contractor shall not enter into a subcontract with a proposed Subcontractor with reference to whom the Owner has made timely objection. The Contractor shall not be required to subcontract with any party to whom 9.2.2 All subcontracts shall afford the Contractor rights against the Subcontractor which correspond to those rights afforded to the Owner against the Contractor herein, including those rights afforded to the Owner by Subparagraph 12.2.1 below. All subcontracts shall incorporate by reference the provisions hereof and shall provide that no claims, causes or demands shall be made by any Subcontractor against the Owner. 9.2.3 The Contractor shall indemnify, defend and hold harmless the Owner from and against any and all claims, demands, causes of action, damage, and liability asserted or made against the Owner by or on behalf of ARTICLE) X: CHANGES IN THE WORK  Owner.  9.2 AWARD OF SUBCONTRACTS  the Contractor has objection.  an  any Subcontractor. 10.1 CHANGES PERMITTED revisions, or any Field Order.  10.1.1 Changes in the Work within the general scope of this Contract, consisting of additions, deletions, without invalidating this Contract, by Change Order or by 10.1.2 Changes in the Work shall be performed under applicable provisions of this Contract and the Contractor shall proceed promptly with such changes.  combination  Pending  thereof, may be ordered  Payment.  10-    substantial inequity to the Owner or to the Contractor, the applicable unit prices shall be equitably adjusted. 10.4.1 The Architect shall have authority to order minor changes in the Work not involving a change in the not inconsistent with the intent of this Contract. Such minor changes shall be made by written Field Order, and shall be binding upon the owner and the Contractor. The Contractor shall promptly carry out such written 10.5 EFFECTOF EXECUTED CHANGE ORDER 10.5.1 The execution of a Change Order by the Contractor's agreement to the ordered changes in the Work, this Contract as thus amended, the Contract Price and the Contract Time. The Contractor, by executing the Change Order, waives and forever releases any claim against the Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the 10.6.1 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval is required by the Contractor's surety or by law. The Contractor's execution of the Change Order shall constitute the Contractor's warranty to the Owner that the surety has been notified of and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. ARTICLE XI: UNCOVERING & CORRECTING WORK 11.1 UNCOVERING WORK 11.1.1 If any of the Work is covered contrary to the Architect's request or to any provisions of this Contract, it-shall, if required by the Architect or the Owner, be uncovered for the Architect's inspection and shall be properly replaced at the Contractor's expense without 11.1.2 If any of the Work is covered in a manner not inconsistent with Subparagraph 11.1.1 above, it shall, if required by the Architect or Owner, be uncovered for the Architect's inspection. If such Work conforms strictly with this Contract, costs of uncovering and proper replacement shall by Change Order be charged to the Owner. If such Work does not strictly conform with this Contract, the Contractor shall pay the costs of 11.2.1 The Contractor shall immediately proceed to correct Work rejected by the Architect as defective or failing to conform to this Contract. The Contractor shall pay all costs and expenses associated with correcting  such rejected Work, including any additional testing and inspections, and reimbursement to the Owner for the Architect's services and expenses made necessary 11.2.2 If within one (1) year after Substantial Completion of the Work of the Work is found defective or not in accordance with this Contract, the Contractor shall correct it written notice from the Owner. This survive final payment by the Owner and obligation termination of this Contract. With respect to Work first performed and completed after Substantial Completion, this one year obligation to specifically correct defective and nonconforming Work shall be extended the time which elapses between Substantial Completion completion of the subject Work. 11.2.3 Nothing contained in this Paragraph 11.2 shall establish any period of limitation with respect to other obligations which the Contractor has under this Contract. Establishment of the one year time period in Subparagraph 11.2.2 relates only to the duty of the Contractor to specifically correct the Work. 11.3 OWNER MAY ACCEPT DEFECTIVE OR NONCONFORMING WORK 11.3.1 If the Owner chooses to accept defective or nonconforming Work, the Owner may do SO. In such event, the Contract Price shall be reduced byt the greater of (a) the reasonable cost of removing and correcting the defective or nonconforming Work, and (b) the difference between the fair market value of the Project as constructed and the fair market value of the Project had itnot been constructed in such a manner as to include defective or nonconforming: Work. If the remaining portion of the unpaid Contract Price, if any, is insufficient or nonconforming Work, the Contractor shall, upon written demand from the Owner, pay the Owner such remaining compensation for accepting defective or ARTICLE XII: CONTRACT TERMINATION 12.1 TERMINATION BY THE CONTRACTOR 12.1.1 If the Work is stopped for a period of ninety (90) days by an order of any court or other public authority, or as a result of an act of the Government, through no fault of the Contractor or any person or entity working ori indirectly for the Contractor, the Contractor directly ten (10) days' written notice to the Owner and the Architect, terminate performance under this Contract and recover from the Owner payment for the actual reasonable expenditures of the Contractor (as limited in Subparagraph 10.3.2 above) for all Work executed and for materials, equipment, tools, construction equipment and machinery actually purchased or rented solely for the Work, less any salvage value of such items. 12.1.2 If the Owner shall persistently or repeatedly fail to perform any material obligation to the Contractor for a period of fifteen (15) days after receiving written notice  10.4 MINOR CHANGES  thereby.  Contract  to be upon of receipt shall  extension  Price or an  of the Contract Time and  any promptly  Field Orders. Contractor  of and  by period  shall constitute conclusive evidence of the  executed Change Order. 10.6 NOTICE TO SURETY; CONSENT  toc compensate the Owner for its nonconforming Work.  of defective  acceptance  change in the Contract Time.  may, upon  uncovering and proper replacement. 11.2 CORRECTING WORK  any  11-    from the Contractor of its intent to terminate hereunder, the Contractor may terminate performance under this Contract by written notice to the Architect and the Owner. In such event, the Contractor shall be entitled to recover from the Owner as though the Owner had terminated the Contractor's performance under this Contract for convenience pursuant to Subparagraph  entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated and paying claims arising out of the termination of subcontracts or orders pursuant to Subparagraph 12.2.1.2 of this Paragraph. These costs shall not include amounts paid in accordance with other provisions The total sum to be paid the Contractor under this Subparagraph 12.2.1 shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include 12.2.2.1 If the Contractor persistently or repeatedly refuses or fails to prosecute the Work in a timely manner, abandons the jobsite and fails to resume work within five (5) days of written notice thereof by the Owner, fails to grant or allow access to the jobsite by the Owner or Architect, fails to supply enough properly skilled workers, supervisory personnel or proper equipment or materials, fails to make prompt payment to Subcontractors or for materials or labor, persistently disregards laws, ordinances, rules, regulations or orders ofany public authority having jurisdiction, or otherwise is of a violation of a material provision of this Contractor, without prejudice to any other right or remedy, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods it such case, the Contractor shall may not be entitled to receive any further payment until the Work is finished. 12.2.2.2 If the unpaid balance of the Contract Price does not exceed the cost of finishing the work, including compensation for the Architect's additional services and expenses made necessary thereby, such difference shall be paid by the Contractor to the Owner. This obligation for payment shall survive the termination of the Contract. 12.2.2.3 In the event the employment of the Contractor is terminated by the Owner for cause pursuant to Subparagraph 12.2.2 and it is determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Subparagraph 12.2.1 and the provisions of Subparagraph 12.2.1s shall apply. 13.1 CONTRACTOR SHALL MAINTAIN INSURANCE 13.1.1 The Contractor at his own expense shall purchase, maintain and keep in force during the life of this contract, adequate insurance that will protect the Contractor and/or any Additional Insured from claims  rate of loss, ifa any;  (ii) Reasonable costs of settling  12.2.1 hereunder. 12.2 TERMINATION BY THE OWNER 12.2.1 FOR CONVENIENCE  hereof.  12.2.1.1 The Owner may for any reason whatsoever terminate performance under this Contract by the Contractor for convenience. The Owner shall give written notice of such termination to the Contractor specifying when termination becomes effective. 12.2.1.2 The Contractor shall incur no further obligations in connection with the Work and the Contractor shall stop Work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The Owner may direct the Contractor to assign the Contractor's right, title and interest under terminated orders or subcontracts to 12.2.1.3 The Contractor shall transfer title and deliver to the Owner such completed or partially completed Work and materials, equipment, parts, fixtures,  duplication of payment. 12.2.2 FOR CAUSE  the Owner or its designee.  guilty Contract, then the Owner  written notice to  information 12.2.1.4  the  and Contract rights as the Contractor has. (a) The Contractor shall submit a termination claim to the Owner and the Architect specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the Architect. If the Contractor fails to file a termination claim within one (1) year from the effective date of termination, the Owner shall pay the Contractor, an amount derived in accordance with subparagraph (c) (b) The Owner and the Contractor may agree to the compensation, if any, due to the Contractor (c) Absent agreement to the amount due to the Contractor, the Owner shall pay the Contractor the materials, equipment and other services accepted under preparing to perform and in performing the terminated portion of the Work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for overhead and profit thereon (such profit shall not include anticipated profit or consequential damages), provided however, that if it appears that the Contractor would have not profited or would have sustained a loss if the  may by  deem expedient. In  below. hereunder. following amounts: this Contract;  subsequently  (1)  Contract prices for labor,  (ii) Reasonable costs incurred in  ARTICLE XIII: INSURANCE  12-    which may arise out of or result from operations under this contract. The insurance required shall provide adequate protections from all claims, whether such operations be by the Contractor or by any Additional Insured or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone whose acts of any of them may be liable and from any special hazards, such as blasting, which may be encountered in the performance of this contract in the amounts as 13.1.2 The Contractor shall not commence work on any Contract in the City of Lancaster until the Contractor has obtained all the insurance required under this paragraph and such insurance has been approved byt the City. 13.2 TYPES AND. AMOUNTS OF INSURANCE 13.2.1. The Contractor shall furnish and maintain during the life of the contract adequate Insurance in such Worker's Compensation: as set forth in the Worker's  less than the insurable value of the work at completion less the value of the materials and equipment insured Equipment installed under this contract shall insured under installation floater insurance when the aggregate value of the equipment exceeds If the work does not include the construction of building structures, builder's risk insurance may be omitted providing the installation floater insurance Builder's risk insurance shall provide for losses to be payable to the Contractor and the Owner as their interests may appear and shall contain a waiver of subrogation rights against thei insured parties. 13.4 ADDITIONAL INSURED/PROJECTINFORMATION The Owner shall be named as an additional insured on the Commercial General Liability (Public), Policies The project name and bid/contract number shall be listed Each insurance policy shall contain a provision requiring that thirty (30) days prior to expiration, cancellation, non- renewal or any material change in coverage, a notice there of shall be given by certified mail to the Purchasing Agent, City of Lancaster, PO Box 940, Lancaster, Texas, Companies issuing the insurance policies shall have no recourse against the City for payment of any premiums or assessments for any deductibles which are at the sole responsibility and risk of the Contractor. 13.7 CERTIFICATE OF INSURANCE Proof that the insurance is in force shall be furnished to the City of Lancaster on a Standard Certificate of Insurance Form. In the event any insurance policy shown on the Certificate of Insurance has an expiration date that is prior to the completion and final acceptance of the project by the City of Lancaster, the contractor shall furnish the City proof of identical continued coverage no later than thirty (30) days prior to the expiration date shown on the Certificate of Insurance. The coverage's provided herein shall be primary and noncontributory with any other insurance maintained by the City of Lancaster, Texas, fori its benefit, including self 13.9 WORKER's COMPENSATION INSURANCE COVERAGE providing services on a project, for the duration of the  under installation floater insurance.  be  $10,000.00.  shown below in Paragraph 13.2.1.  fully covers all work.  amounts as follows: Type of Insurance Compensation Commercial General Liability $1,000,000 Each Accidentoccurence. The policy shall have no coverage removed by exclusions. Limit of Insurance per Project or Owner's and Contractor's Protective Liability Insurance for the Project. $500,000 Combined single limit per occurrence. This insurance shall protect the Contractor and the Owner from all insurable risks of physical loss or damage to materials and equipment not otherwise covered under builder's risk insurance, while in warehouse or storage areas, during installation, during testing, and after the work is completed. Installation floater insurance shall be of the "all risks" type, with coverage's designed for the circumstances which may occur in the particular work included in this contract. The coverage shall be for an amount not less than the insurable value of the work at completion, less the value of the materials and equipment insured under builder's risk insurance. The value shall include the aggregate value of the Owner furnished equipment and materials to be erected or installed by the Contractor not otherwise insured under builder's risk insurance. 13.3 Builders Risk This insurance shall be written in completed value form and shall protect the Contractor and the Owner against risks of damage to buildings, structures, and materials and equipment not otherwise covered under installation floater insurance, from the perils ofi fire and lightning, the perils included in the standard extended coverage endorsement, and the perils of vandalism and malicious mischief. The amount of such insurance shall not be  Amount  furnished by the Contractor. on the certificate. 13.5 WRITTEN NOTIFICATION  Act.  Automobile  Liability  75146.  13.6 PREMIUMS AND ASSESSMENTS  13.2 INSTALLATION FLOATER  13.8 PRIMARY COVERAGE  insurance.  13.9.1 The Contractor shall:  1)  provide coverage for its employees  13-    project based on proper reporting of classification codes and payroll amounts and filing of any coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the obtain from each person providing services on a project, and provide to the governmental (A) a certificate of coverage, prior to that person beginning work on the project, sO the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; retain all required certificates of coverage on file for the duration of the project and for notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the Texas Worker's Compensation Commission on the sample notice, without any additional Required Workers' Compensation Coverage "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project,  regardless of the identity of their employer or status as "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage."  ane employee.' -  agreements; 2) project; 3)  provide a certificate of coverage  provide the governmental entity prior to  and  (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the (B) provide a certificate of coverage to the contractor prior to that person beginning work on (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the Contractor, prior to the end of_the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the (E) obtain from each other person with whom it contracts, and provide to the Contractor: () a certificate of coverage, prior to the other person beginning work on the project; (i) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the coverage on file for the duration of the project (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing (H) contractually require each other person with whom it contracts, to perform as required by sub-paragraphs (A) (H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services.  project; 4) entity:  project;  the project;  5) one year thereafter; 6)  project;  and  7)  post a notice on each project site  duration of the project; retain all and for one year thereafter;  certificates  (F)  required  of  words or changes:  services on the project; and  14-    ARTICLE XIV: MISCELLANEOUS  authorized to do business in the State of Texas by the State Board of Insurance. 14.4.2 If the Contract Price exceeds $25,000.00, the Contractor, upon execution of the Contract and prior to commencement of the Work, shall furnish to the Owner at two-year maintenance bond in amount of one hundred percent (100%) of the Contract Price covering the guaranty and maintenance prescribed herein, written by an approved surety authorized and duly licensed to conduct business in the State of Texas. The cost of said maintenance bond shall included in the Contractor's unit bid prices and shall be paid by the 14.5.1 The provisions of this Contract are herein declared to be severable; in the event that any term, provision or part hereof is determined to be invalid, void or unenforceable, such determination shall not affect the provisions and parts, and this Contract remaining shall be read as if the invalid, void or unenforceable portion had not be 14.6.1 This Contract may be amended by the parties only by a written agreement duly executed both parties. The failure of the Owner to nonperformance or nonconforming work or to enforce any provision hereof shall in no event be regarded as or construed to be a waiver, release or modification of term or provision in this Contract, nor shall such failure any to object or enforce stop the Owner from insisting on strict compliance with this Contract or from recovering damages, costs or expenses arising as a result of such nonperformance or nonconforming work. 14.6.1 All notices required by this Contract shall be presumed received when deposited in the mail properly addressed to the other party or Architect at the address set forth herein or set forth in a written designation of change of address delivered to all parties and  14.1 LAWS AND ORDINANCES 14.1.1 The  Contractor  the sum of  shall at all times and in all  respects observe and comply with all federal, state and local laws, ordinances, and regulations applicable to the Project and Work. The Contractor shall further insure that all Subcontractors observe and comply with said  the  laws, ordinances and regulations. 14.2 GOVERNING LAW 14.2.1 The  Contract  shall be governed by the laws of  be  the State of Texas. Venue for any causes of action arising under the terms or provisions of this Contract or the Work to be performed hereunder shall be in the 14.3.1 The Owner and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Contractor shall not assign this Contract  Contractor. 14.5 SEVERABILITY  courts of Dallas County, Texas. 14.3 SUCCESSORS AND ASSIGNS  validity or enforceability of the  terms,  included herein. 14.6 AMENDMENTS  without written consent of the Owner. 14.4 SURETY BONDS 14.4.1  If the Contract Price exceeds the sum of $25,000.00, the Contractor shall furnish separate performance and payment bonds to the Owner, according to the requirements set out in the bid documents and state statutes to guaranty full and faithful performance of the Contract and the full and final payment of all persons supplying labor or materials to the Project. Each bond required by the bid documents or state statute shall set forth a penal sum in an amount not less than the Contract Price. Each bond furnished by the Contractor shall incorporate by reference the terms of this Contract as fully as though they were set forth verbatim in such bonds. In the event the Contract Price is adjusted by Change Order executed by the Contractor, the penal sum of both the performance bond and the payment bond shall be deemed increased by furnished by the Contractor shall be in form suitable to the Owner and shall be executed by a surety, or sureties, reasonably suitable to the Owner and  by to object any  14.7 NOTICES  amount. like  the  The performance and payment bonds  Architect.  EXECUTED in single or multiple originals, this 23rd day of August, 2021.  CITY OF LANCASTER  Canary Construction, Inc.  Opal Mauldin-Jones, City Manager  Wayne Borstad, President 802 N. Kealy Ave, Suite 101 Lewisville, TX75057  ATTEST:  SorAngel Arenas, City Secretary  15-    CITY OF LANCASTER CITY COUNCIL  City Council Regular Meeting Meeting Date:  7.  08/23/2021  Policy Statement: This request supports the City Council 2020-2021 Policy Agenda  Goal(s):  Effective Municipal Operations Financially Sound Government Healthy, Safe & Engaged Community Sound Infrastructure Quality Development Professional and Committed City Workforce  Submitted by: Sorangel O. Arenas, City Secretary  Agenda Caption: Procedures, as amended. Background:  Conduct a public hearing and consider a resolution adopting the Lancaster City Council's Rules and  Section 3.14 of the City's Home Rule Charter requires the City Council to determine its own rules of order and business. The City Council's Rules and Procedures provide the framework for which the Council conducts its business and may be amended by a majority vote of City Council at a posted Regular Meeting. City Council reviewed the Rules and Procedures during the Annual Strategic Planning Session,  June 25th and 26th, 2021. Mission Statement  Below are the sections with modification consideration: Section I, A: Mayoral Responsibilities, number 4 Section I, C: House Rules, number 12 Section II, DII: Council, number 5 Section V: Code of Ethics Section Vi: Censure Policy Legal Considerations:  The City Attorney has reviewed and approved the resolution, as toi form.  Public Information Considerations: with the Texas Open Meetings Act. Options/Alemnatiyes:  This item is being considered at a Regular Meeting of the City Council noticed and held in accordance  1.City Council may approve the resolution, as presented.  2. City Council may adopt the resolution with changes and state those changes.  3.City Council may deny the resolution.  Recommendation:    Staff recommends adoption oft the resolution amending the City Council Rules and Procedures, as  presented. Attachments Resolution Exhibit A Red Line Version    RESOLUTION NO.  ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, ADOPTING THE LANCASTER CITY COUNCIL RULES AND PROCEDURES, AS AMENDED, AS ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES AS EXHIBIT "A"; PROVIDING/ A WHEREAS, Section 3.14 of the City of Lancaster Home Rule Charter requires the City Council to review and determine its own rules of order and business not later than ninety (90) days following the WHEREAS, the City Council has reviewed and discussed the City Council Rules and Procedures on. June 25th and June 26th during the 2021 annual Strategic Planning Retreat; and WHEREAS, after discussion and consideration, the City Council has determined that certain NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. That the City Council Rules and Procedures, as amended, attached hereto and incorporated herein by reference as Exhibit "A", having been reviewed by the City Council of the City of Lancaster, Texas, and found to be acceptable and in the best interest of the City and its citizens, SECTION 2. That any prior resolutions of the City ofl Lancaster, Texas, in conflict with the provisions of this resolution, except as noted herein, be, and the same are hereby, repealed and SECTION 3. That this resolution shall take effect immediately from and after its adoption and iti is DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 23rd  REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.  municipal elections; and  revisions to the Rules and Procedures are appropriate;  LANCASTER, TEXAS:  be, and the same is hereby, in all things approved and adopted.  revoked.  accordingly sO resolved. day of August, 2021. ATTEST:  APPROVED:  Sorangel O. Arenas, City Secretary  Clyde C. Hairston, Mayor  APPROVED ASTO FORM:  David T. Ritter, City Attorney    ExhibitA  City of Lancaster City Council  Rules and Procedures  Lancaster The.Shining. Star of Texas  As Amended August 23, 2021  Last CC Review: Strategic Planning Retreat, 2021  Adopted per The Home Rule Charter of the City of Lancaster, Texas, $3.14    TABLE OF CONTENTS  Statement of Mission..  3 4 5 9 12 13 14 15  Council Duties and Responsibilities. Section I- Mayor - City Council Relations. Section II- Council and Staff Relations. Section III- Council and Media Relations. Section IV- Boards/Commissions. Section V- Code of Ethics. Section VI - Censure Policy.  2    MISSION STATEMENT  The City Council shall faithfully discharge all duties imposed upon itby the City Charter and the Constitution and laws of the State of Texas, independently and impartially deciding all matters brought before it with responsibility to the citizens and each other.  3    COUNCIL DUTIES AND RESPONSIBILITIES  The City Council is the governing body for the City of Lancaster and must bear responsibility for the integrity of governance. This policy intends to promote and ensure effective and efficient The Council shall govern the City with a commitment to preserving the values and integrity of representative local government and democracy. The following statements will serve as a guide to  governance.  that commitment: 1. 2.  The Council must strive for continual improvement ofeachmembers personal knowledge and ability to serve ina anatmosphere conducive to the responsible exchange of ideas. The Council will keep the community informed on municipal affairs; encourage communication between the citizens and Council and strive for constructive relationships with Dallas County, neighboring communities, Lancaster Independent School Districtand The Council will recognize and address the rights and privileges of the social, cultural, and physical historical characteristics of the community when setting policy; and, to strive  other governmental bodies.  3.  to enhance the cultural diversity ofi its citizens.  4. 5.  The Council will seek to improve the quality and image of public service.  The Council will always be committed to promote and protect the best interest of all its  citizens and entire community.    SECTIONI  MAYOR - CITY COUNCILRELATIONS  A.  MAYORAL RESPONSIBILITIES  1.  The Mayor shall be the presiding officer at all meetings. The Mayor Pro-Tem shall preside int the absence of the Mayor. The Deputy Mayor Pro-Tem shall preside in The Mayor shall have a voice and vote in all matters before the Council. The Mayor is the spokesperson for and on behalf of the Council on all matters unless The Mayor shall preserve order and decorum and is responsible for keeping the meetings orderly by recognizing each Member for discussion, limiting speaking time, encouraging debate among Members, and keeping discussion on the agenda items being considered as required by these rules and in accordance with the Texas Open Meetings Act. Should a conflict arise among Councimembers, the  the absence of both the Mayor and Mayor Pro-Tem.  2  absent, at which time a designee will assume the role.  3  Mayor serves as mediator and arbiter. COUNCILMEMBERRESPONSIBILITIES  B.  1.  Councimembers shall know and observe the adopted rules and procedures governing their duties and responsibilities, and; complete their required open government training and cybersecurity (HB 3834) training as required bylaw. Councilmembers shall be prepared to discuss and act upon the posted agenda. Councimembers shall take the initiative to be informed about Council actions taken ini their absence. When absent the individual Councilmember is responsible for obtaining relevant information prior tot the Council meeting when saidi itemi is to Councilmembers appointed to serve as liaison to a board, commission, or study group are responsible for keeping all Councilmembers informed of significant board, commission, or study group activities, at Councimembers discretion. Councilmembers shall conduct annual performance review of any ofi its appointive  2 3.  be considered.  4.  5.  positions as provided in the Home Rule Charter orordinances.  C.  HOUSERULES: CODE OF CONDUCT  1. 2 3.  Listen and understand before judging.  Focus on the vision and goals; no personal attacks or inferences.  Look for areas of agreement before differences.  5-    4. 5. 6. 7. 8. 9.  Beont time; start on time; silence all personal communication devices, and do not Once a decisioni is made, support the City decision, but state your reservation.  allow them to distract from the work at hand.  Agree to disagree; move on to the next issue. the meeting sO that staff can be prepared.  Come prepared to discuss issues; When possible ask questions of staff prior to  Praise in public; provide constructive feedback inp private. to be mindful that sidebar conversations are disruptive. 10. Bec courteous, honest and treat others with respect.  Participate in discussions and focus on the issue; avoid side conversations. Need  11. Communicate in an open, direct manner; keep others informed.  12 lf you have a personal issue with another member of Council, go to that member directly and not to other councimembers, the community or staff. This house rule does not affect the right of one or more Councilmembers to institute the censure  process set out in Section VI, (Censure Policy).  13 Be ap positive ambassador for the City.  14. When the Council is meeting in the Council Chamber, use the electronic system tor notify the Mayor you wish to comment on a matter before the Council. 15. Allow others to finish their comments before speaking, (subject to the rules of parliamentary procedure and the Mayor's responsibility to preserve order and  decorum as set forth in Section/(A)). CITY COUNCIL, AGENDA PROCESS  D.  1.  Agenda Items a. b.  The City Manager shall be responsible fori the placement ofagendai items. Any member of the City Council shall have the unabridged right to place an item on the agenda of a duly convened meeting of the council and nothing contained in the Charter or these Rules and Procedures shall be A Councimember may place an item on the agenda by presenting in writing, to the City Manager not later than noon (12:00 p.m.) on the Thursday, two weeks before the Council meeting. The City Manager and City Secretary shall acknowledge receipt of the request. The CityManager  construed to limit or circumscribe such right.  C.  6-    may discuss with the requesting Councilmember delay of the agenda item to the next regular meeting. However, the Councilmember may choose to direct the City Manager to place the agenda item oni the upcoming Council meeting without delay. Such direction shall be noted in the agenda  communication regarding the agenda item.  2  Parliamentary Procedures  a.  Discussion on agenda items will be initiated following introduction by the Mayor, and explanatory comments by staff. Council discussion on the pending agenda item may take place before or after a motion has been The Mayor will encourage all Councilmembers toparticipate in discussion and debate, ensuring all members the opportunity to speak, limiting each Generally accepted Parliamentary Procedure will determine the precedence of motions and the general conduct and composition of meetings except as otherwise provided herein or by State law.  made for or against adoption of amotion.  b.  speaker to ensure efficient use of time as appropriate.  C.  3  Citizens Comments  a.  Inr regard to Citizens' Comments onposted agenda items or matters oflocal government, the Mayor may enforce the three (3) minute rule. The Mayor, athis/her discretion, mayadjust the length oft time pers speaker.Alspeakers shall be accorded the courtesy of the same time allowance. All citizens requesting to speak during Citizens' Comments must fill out a speaker card prior to the call to order of the meeting, and turn it in to the City Secretary prior to the beginning of the meeting. (Approved by motion at When Public Hearings are listed on the posted agenda, citizens wishing to speak during the Public Hearing will be asked to fill out a speaker card prior to the call to order of the meeting, and turn iti into the City Secretary  City Council meeting June 7, 1999)  b.  prior to the beginning of the meeting.  4.  Minutes a.  The City Secretary will keep Action Minutes for all City Council meetings where Council takes official action and description minutes for all citizens' The City Secretary shall maintain recordings of City Council meetings in accordance with the City's adopted Records Management Program  comments andl Public Hearings.  b.  ordinance and applicable state law.  -7-    C.  Any questions regarding minutes shall be directed to the City Secretary  prior to the council meeting.  5.  Any Councimember may appeal to the Council as a whole from a ruling by the Mayor. If the appeal is seconded, the person making the appeal may make a brief statement and the Mayor may explain the Mayor's position, but no other Member may speak on the motion. The Mayor will then put the ruling to a vote of Any Councimember may ask the Mayor to enforce the rules established by the Council. Should the Mayor fail to do SO, upon point of order, a majority vote of the  the Council.  6.  Council may enforce the house rules as seti forth herein.  E.  COUNCILMEMBER TRAINING AND PROFESSIONALDEVELOPMENT  1.  Ina additiont to the required training, Councilmembers are encouraged to attend at least one training event per year, and others as found beneficial to performance of their elective duties, subject to the availability of funds as appropriated in the Council shall appropriate an amount for Mayor and each council district. Travel and training funds appropriated for the Mayor and each council district shall not Selection of professional development events are at the discretion of each councimember, but are limited to expenditures within the amount appropriated for mayor and each council district. Unexpended funds for each elective position are non-transferable and shall be returned to fund balance at the end of each Councilmembers are encouraged to select training events from the following  annual budget for the Mayor and each council district.  2  be available for transfer to another council district or the Mayor.  3.  fiscal year. providers:  4.  Texas Municipal League (and affiliates) North Central Texas Council of Government  National Civic League National League of Cities  5.  Additional expenditures from miscellaneous professional development funds, subject to annual appropriation, for the Mayor and/or a councilmember chosen to represent the council, may be made for special events as the need may arise. Such additional expenditures may be made only after having been placed on the agenda of a regular council meeting and acted upon by motion, second, and  favorable majority vote. (Resolution 46-99)  8-    SECTION II  COUNCIL- - STAFF RELATIONS  The City Manager is the primary link between the Council and the professional staff. The Council's relationship with the staff shall be through the City Manager, subject only to the "inquiry"  provision of the City Charter.  A.  AGENDA QUESTIONS. Questions arising from Councilmembers after receiving their agenda information packet should be presented to the City Manager for staff consideration prior to the Council meeting. The additonalintormation will be distributed to all Councimembers. Any request for additional information shall be provided to the entire council as expeditiously as possible prior to any meeting to ensure appropriate review. PRESENTATIONSTOCOUNCL. The City Manager shall designate appropriate staff to address each agenda item and shall see that it is adequately prepared and presented to the Council. Presentation should be professional, timely, and allow for discussion of options for resolving the issue. Staff shall make it clear that no Council action is required, present the staff recommendation, or present the specific options for Council PROBLEM RESOLUTION. the City Manager or staff time is being dominated or misdirected by a Councimember or inany conflict arising between staff and Council, the  B.  consideration.  C.  City Manager shall:  1.  Visit with the Councimember and discuss the problem and/or impact on City  Manager or staff time;  2. lfunresolved, ask the Mayor to arbitrate a resolution to the issue; 3. Ifstill unresolved, ask the Mayor to present the concerns to the Council.  4.  lft the unresolved issue is with the Mayor, ask the Mayor Pro-Tem to arbitrate a  resolution to the issue. concerns to the Council. STAFF CONDUCT ANDTRAINING  5. Ifstill unresolved issue involves the Mayor, ask the Mayor Pro-Tem to present the  D.  1.  The City Manager is responsible for the professional and ethical behavior of the City Staff. All staff members shall show each other, Council, and the public The City Manager is responsible, within the constraints of the appropriated  respect and courtesy at all times. budget, for staff development.  2.  9    DI. COUNCIL ORIENTATION. The City Manager will, in a timely manner, provide appropriate orientation services for new Councilmembers. Such services shall include,  but not be limited to, the following:  1. 2. 3.  Availability of Texas Municipal League conferences and seminars.  An individual meeting with new Members informing them about City facilities and Printed documents and resource materials necessary to the performance of the  procedures.  office of Councilmember.  DII. COUNCIL- MANAGERISTAFF RELATIONS  1.  Official City Council inquir/rvestigation. The City Council may authorize an official inquiry or investigation into any department, agency, office, officer, or employee of the City in accordance with Sections 3.07(D)(7) and 3.09 of the City of Lancaster Home Rule Charter for the purpose of reviewing the official conduct City Council Questions Regarding Municipal Affairs: The City Council may submit questions regarding municipal affairs to the City Manager, in accordance with Section 3.07(D)(7) of the City of Lancaster Home Rule Charter. Such questions shall be made in writing and be addressed to the CityM Manager. The City Manager shall reply as soon as possible, but not later than ten (10) business days, by  of the department, agency, or person(s) inquestion.  2  either: a. b.  Providing a full response to the question; or  Referring the inquiry to more appropriate staff with notice to the City  Council of the referral.  The City Manager shall send a copy of all responses or referrals to all members of the Council. Nothing herein shall be construed to limit the power of the City Council to directly communicate (in writing or verbally), with those officers and employees directly appointed by the City Council (City Manager, City Secretary,  City Attorney, and Municipal Court Judge(s)).  3.  Dispute Resolution a. b.  Visit with the Mayor and/or Councilmembers, and discuss abuse and/or fu unresolved, ask the Mayor to mediate a resolution to the issue; if the dispute is with the Mayor, the Mayor Pro-Tem shall mediate;  impact on City Manager or staff time.  10-    Ifstill unresolved, the Council shall mediate a final resolution.  (Resolution 43-98, October 12, 1998)  4.  Communications with Staff  a.  Ino order to make the most efficient use of councilmembers and staff time and to facilitate responsiveness to both staff and constituents, Councilmembers may, upon request and funding availability, be issued  acellular telephone and tablet with service plans.  5.  Disclosure of Police or Code Offense Reports and Related Records  a.  To protect the integrity of a pending criminal investigation and prosecution of an offense, only "basic information" releasable to the public under the Public Information Act will be released verbally or in written form to any councilmember for pending criminal or code enforcement matters. This policy may be abrogated in exceptional circumstances where, in the judgement of the City Manager and/or City Attorney, Council should be briefed on high-profile matters or matters which may result in litigation involving the City and/or its employees. A Councimember request for open records may be made through the  b.  City Secretary's office for personal subject matters.  11-    SECTION III MEDIARELATIONS  ltist through an informed public that progress is ensured and good government remains sensitive to its constituents. These guidelines are designed to help ensure fair relationships with print, radio, and television reports without infringing upon the First Amendment rights of the  media.  The Council and the City Manager recognize the important link to the public provided by the media. It is the Council's desire to strengthen this link by establishing a professional working  relationship to maintain a well-informed citizenry.  A. Media Orientation. Since each government body conducts business differently, it is requested that all reporters new to City Council meetings meet with the City Manager, Mayor or the designated media relations representative priortocovering  their first meeting for information on policies and procedures.  B. Agenda Information. All reporters requesting same will receive an agenda package in advance and will bei furnished support material needed for clarification  for themselves or the general public.  C. Chamber Seating. During the conduct of official business, the news media shall D. Conduct in Chambers. Representatives of the media are requested to refrain from conversing privately with others in the audience while Council is in session. Interviews with the public should be conducted outside the Council Chambers  occupy the places designated for them or the general public.  while Council is insession.  E. Spokesperson for Staff. On administrative matters, the City Manager or his/her designee is the spokesperson to present staff information on the agenda. F. Spokesperson for City. The Mayor, or the Mayor's designee, is the primary spokesperson for the official position of the City on matters regarding policy decisions and Council information pertaining to issues on the agenda. Any Clarifications requested by the media on the issues should be addressed after the  meeting.  G. Equal Access for Opposing Positions. The ethical burden for fair presentation of opposing positions on any issue falls upon the media. When opposing positions have been debated, regardless of the outcome, the public is better informed when all sides have adequate coverage by the media. Interviews by the media should  provide equitable representation from all Councilmembers.  -12-    SECTION IV BOARDS/COMMISSIONS  All City Councilmembers, with the exception of the Mayor, may serve at the Council pleasure liaisons to all the boards and commissions of the City fora a period of one year. A. Councilmembers will select different boards and/or commissions to serve as liaisons onor after the appointment of the boards and commissions members. B. Each Councimember will be allowed to select the board or commission they  would like to serve as liaisons to by order of seniority. meetings of their selected boards and/or commissions.  C.  Councilmembers are strongly encouraged, rather than required, to attend all  D. Each Councimember may submit a quarterly report to the entire Council through the City Secretary on their respective board and/or commission's activity. Any questions or concerns about board or commission matters will be directed to the  City Secretary for dissemination to the Council.  This Section was added after Res. No. 50-97 was adopted October 13, 1997. Item D was added after Res. 2007- 09-105 was adopted on September 24, 2007. Item A amended after Resolution 2015-11-89 was adopted on November 16,2015. Code of Ordinances Chapter 5: Boards, Commissions and Committees was decodified by  Ordinance 2018-12-53.  13-    SECTION V CODE OF ETHICS  Since the office of elected official is one of trust and service to the citizens of Lancaster, A. Be dedicated to the highest ideals of honor and integrity in all public and B. Recognize that the primary function of local government is to serve the best C. Be dedicated to public service by being cooperative and constructive, and by D. Refrain from any activity or action that may hinder one's ability to be objective E. To follow the required conflict of interest and disclosure of interest (vendors) F. Not seek nor accept gifts or special favors and shall believe that personal gain by use of confidential information or by misuse of public funds or time is dishonest; G. Recognize that public and politicalpolicy decisionsare ultimately the responsibility H. Conduct business in open, well-publicized meetings in order to be directly accountable to the citizens of Lancaster in compliance with the City Charter and Avoid inappropriate reference to personalities, and refrain from impugning the  certain ethical principles shall govern the conduct of Councimembers, who shall:  personal relationships; interests of all the people;  making the best and most efficient use ofa available resources; and impartial on any matter coming before the Council;  required under state law.  of the City Council;  Texas Open Meetings Act; integrity or motives of another;  I. J.  Demonstrate respect and courtesy to others;  K. Refrain from rude and derogatory remarks and shall not belittle staff members,  other Councilmembers and members of the public; Not condone any unethical or illegal activity.  L.  14-    SECTION VI CENSUREPOLICY  1.  Although left to the option of the Councilmembers, it is encouraged that a Notice of Censure bet filed only after: (a) a personal conversation between at least one complaining Councimember and the accused Councimember has taken place in accordance with Section (C)(12), and (b) mediation or arbitration has been conducted by the Mayor in Two or more City Councilmembers may file a written Notice of Censure against another City Councilmember with the City Secretary. The written notice shall set forth the allegation(s) of conduct and City Charter, Code of Ethics, or Rules and Procedures provisions which the accused Councimember shall have allegedly violated, and (1) a copy of all evidence supporting the allegations; and (2) a list of persons who may be called as witnesses if the allegations proceed to final hearing. A copy shall be delivered toall Councilmembers by the City Secretary. A written Response to the allegation(s) may be filed by the accused Councilmember within ten (10) business days after receipt thereof. A copy of the Notice of Censure and Response thereto shall be delivered to each Councilmember by the City Secretary within two (2) business days after the response is On the first regularly called meeting of the Council, which complies with the Texas Open Meetings Act, after the filing of the Notice and any Response, the City Secretary shall formally present the Notice and Response to the City Council and a copy will be attached to the minutes and become part of the public record. The Council, by majority vote, shall thereafter determine whether or not good cause shall exist to set a formal public hearing on the merits of the Notice of Censure or whether the allegations should be dismissed. Avote to hold a public hearing shall not be construed to be a vote of censure. The accused City Councimember has the right to be represented by legal counsel of their choosing and at their own cost; no Cityfunds may be expended oni the legal counsel. The counsel may attend the hearings and present evidence and testimony at the lfthe Council has voted to find good cause presented in the Notice of Censure, a public hearing on the allegation(s) and response shall be held at either a regular or special called meeting of the City Council, which shall be set no sooner than twenty (20) business days from the date of the meeting where the Notice and any Response is presented. At least ten (10) business days prior to the date of the public hearing, the accused Councimember may file an evidentiary supplement to the written Response (if not done at the time of the initial Response filing) which shall contain: (1) a copy of all evidence refuting the allegations that the or that the Councimember wishes the Council to consider; and (2) a list of persons who may be called as witnesses upon final hearing of  accordance with Section (A)(5), and both have been unsuccessful.  2  filed.  3.  4.  preliminary and final hearings.  5.  the allegations.  15-    6.  Att the final hearing, The City Council willl hear evidence concerning the notice of censure. Evidence and witnesses shall be limited to that contained in, or listed on, the Notice of Censure and Response. The City Council shall determine whether the evidence presented is relevant and authentic, but formal Rules of Procedure and Evidence shall A. The City Councilmembers proffering the charges shall present evidence and witnesses in support of the allegation(s) contained in the Notice of Censure and explain how the evidence supports the proposition that the accused Councimember violated the City Charter, Code of Ethics, or Rules and Procedures. B. The Councilmember who is the subject of the censure shall have the opportunity to present evidence and witnesses to support his or her position with respect to the  not apply. The format of the final hearing is as follows:  Notice of Censure.  The burden of proof shall be on the Counciimembers proffering the Notice of Censure and the standard shall be a preponderance of evidence. After receiving evidence at the final hearing, the City Council shall then take a roll-call vote, after motion duly made and seconded, and a majority of five members of the City Council shall be required to sustain the censure of the Councilmember. lfs sustained, the City Attorney shall prepare ai formal Censure document for adoption by a majority  vote of the City Council at a future meeting.  16-    ExhibitA  City of Lancaster  City Council  Rules and Procedures  Lancaster  As Amended November 16August 20210  Last CC Review: Strategic Planning Retreat, 2021 Adopted per The Home Rule Charter of the City of Lancaster, Texas, $3.14    TABLE OF CONTENTS  Statement of Mission.. Council Duties and Responsibilities. Section I- Mayor City Council Relations. Section Il- Council and Staff Relations.. Section III- Council and Media Relations. Section IV- Boards/Commissions. Code of Ethics.. Censure Policy.  3 4 4 9 11 13 13 14    STATEMENTOF MISSION STATEMENT  The City Council shall faithfullys discharge all duties imposed upon itby the City Charter and the Constitution and laws of the State of Texas, independently and impartially deciding all matters brought! beforei itv with responsibility tot the citizens ande each other.    COUNCIL DUTIES ANDI RESPONSIBILITIES  The City Council is the governing body for the City of Lancaster and must bear responsibility for the integrity of governance. This policyi intends top promote and ensure effective  and efficient governance.  The Council shall govern the City with a commitment to preserving the values and integrity ofr representative local government: and democracy. Thet following statements will: serve 1. The Council must strive for continual improvement of each member's personal knowledge and ability tos serve in an atmosphere conducive tot the responsiblet exchange 2 The Council will keep the community informed on municipal affairs; encourage communication between the citizens and Council and strive for constructive relationships with Dallas County, neighboring communities, Lancaster Independent 3 The Council will recognize and address the rights and privileges of the social, cultural, and physical historical characteristics of the community when setting policy; and, to  as ag guide tot that commitment:  ofi ideas.  School District and other govermentalbodies.  strive to enhance the cultural diversity ofi its citizens.  4. The Council will seek toi improve the quality andi image of publicservice. 5. The Council will always be committed top promote and protect the best interest of alli its  citizens and entire community.  SECTIONI  MAYOR- CITY COUNCIL RELATIONS  A.  MAYORAL RESPONSIBILITIES  1. The Mayor shall be the presiding officer at all meetings. The Mayor Pro Tem shall preside in the absence of the Mayor. The Deputy Mayor Pro Tem shall preside int the absence of botht the Mayor and Mayor Prol Tem. 2 The Mayor shall have a voice and vote in all matters before the Council.    3 The Mayor is the spokesperson for and on behalf of the Council on all matters unless absent, at which time a designee will assumei ther role. 4. The Mayor shall preserve order and decorum andi is responsible for keeping the meetings orderly by recognizing each Member for discussion, limiting speaking time, encouraging debate among Members, and keeping discussion on the agenda items being considered as required by these rules and in accordance 5. Should a conflict arise among Councilmembers, the Mayor serves as mediator  with the TOMATexas Open Meetings Act.  anda arbiter.  B. COUNCILMEMBER RESPONSIBILITES  1. Councilmembers shall know and observe the adopted rules and procedures governing their duties and responsibilities, and; complete their required open government training and cybersecurity (HB 3834) training as required bylaw. 2 Councimembers shall be preparedt to discuss and act upon the posted 3. Councilmembers shall take the initiative to be informed about Council actions taken in their absence. When absent the individual Councilmember is responsible for obtaining relevant information prior toi the Council meeting when 4. Councilmembers appointed to serve as liaison to al board, commission, or study group are responsible for keeping all Councilmembers informed of significant board, commission, or study group activities, at Councilmembers discretion. 5. Councilmembers shall conduct annual performance review of any of its appointive positions as provided int the Home Rule Charter ord ordinances.  agenda.  said itemi is tol be considered.  C. HOUSE RULES: CODE OF CONDUCT 1. Listen and understand before judging. 2 Focus ont the vision and goals; no personal attacks ori inferences. 3. Look for areas of agreement before differences. 4. Be ont time; start on time; silence all personal communication devices, and do not allow them to distract from the work athand. 5. Once a decision is made, support the City decision, but state yourr reservation. 6. Agree to disagree; move on to ther next issue.  -5-    7. Come prepared to discuss issues; When possible ask questions of staff prior tot ther meeting so that staff can be prepared. 8 Praise inj public; provide constructive feedback inprivate. 9. Participate in discussions and focus ont the issue; avoid side conversations. Need tol be mindful that sidebar conversations are 10. Be courteous, honest and treat others withr respect. 11. Communicate in an open, direct manner; keep othersi informed. 12 Ify youl have a problem-personal issue with another member of Council, go tot that member directly and not to other council members, the community orstaff. This house rule does not affect the right of one or more Council members toi institute the censure process set outi in Section VI. (Censure 14. When the Council is meeting in the Council Chamber, use the electronic system to notify the Mayor you wish to comment on ar matter before the 15. Allow others tot finish their comments before speaking, (subject to the rules of parliamentary procedure and the Mayor's responsibility to preserve order and decorum as set forthi in Section I(A)).  disruptive.  Policy). Council.  13. Be ap positive ambassador for the City.  D. CITY COUNCIL AGENDA PROCESS 1. Agenda Items  a The City! Manager shall be responsible for the placement ofa agendai items. b. Any member of the City Council shall have the unabridged right to place an item on the agenda of a duly convened meeting of the council and nothing contained ini the Charter ort thesel Rules and Procedures shall be C. ACouncimember may place ani item ont the agenda by presenting in writing, to the City Manager not later than noon (12:00 p.m.) ont the Thursday, two weeks before the Council meeting. The City! Manager and City Secretary shall acknowledge receipt of the request. The City Manager may discuss with the requesting Councilmember delay of the agenda item to the next regular meeting. However, the Councilmember may choose to direct the City Manager to place the agenda item ont the upcoming Council meeting without delay. Such direction shall be noted  construed to limit or circumscribe such right.  6-    int the agenda communication regarding the agendai item.  2  Parliamentary Procedures  7-    a. Discussion on agenda items will be initiated following introduction by the Mayor, and explanatory comments by staff. Council discussion on the pending agenda item may take place before or after a motion has been b. The Mayor will encourage all Councilmembers toparticipate in discussion and debate, ensuring all members the opportunity to speak, limiting each speaker to ensure efficient use oft time as appropriate. Generally accepted Parliamentary Procedure will determine the precedence of motions and the general conduct and composition of meetings except as otherwise provided herein or by Statel law. a. Inre regardt to Citizens' Comments onp posted agendai items orr matters of local government, the Mayor may enforce thet three (3) minute rule. Thel Mayor, athis/her discretion, maya adjust thel length oft timep pers speaker. Alls speakers shall be accorded the courtesy of the same time allowance. All citizens requesting to speak during Citizens' Comments musti fill outa as speaker card prior to the call to order of the meeting, and turn iti in tot the City Secretary prior tot the beginning of the meeting. (Approved by motion at City Council When Public Hearings arel listed on thep posted agenda, citizens wishing to speak duringt thel Public Hearing will be askedi tof fill out a speaker card prior tot the callt to order of the meeting, and turn iti in to the City Secretary prior a The City Secretary will keep Action Minutes for all City Council meetings where Council takes official action and descriptioni minutes for all citizens' comments and Public Hearings. ordinance and applicable statel law. prior tot the council meeting.  made for or against adoption of a motion.  3. Citizens Comments  meeting June 7, 1999)  tot the beginning of the meeting.  4. Minutes  The City Secretary shall maintain recordings of City Council meetings in accordance with the City's adopted Records Management Program C. Any questions regarding minutes shall be directed toi the City Secretary Any Councimember may appeal to the Council as a wholei froma ruling by thel Mayor. Ift thga appeal is seconded, thep person making the appeal  5.    may make a brief statement and the Mayor may explain the Mayor's position, but no other Member may speak on the motion. The Mayor will Any Councilmember may ask the Mayor to enforce the rules established by the Council. Should the Mayor fail to do sO, upon point of order, a majority vote of the Council may enforce the house rules as set forth  then putt ther ruling to a vote oft the Council.  6.  herein.  E. COUNCIL MEMBER TRAINING ANDI PROFESSIONAL DEVELOPMENT 1. Ina addition tot the required training, Councilmembers are encouraged to attend atl least one training event per year, and others as found beneficial to performance oft their elective duties, subject to the availability of funds as appropriated in the annual budget for thel Mayor and each council district. 2 Council shall appropriate an amount for Mayor and each council district. Travel and training funds appropriated for thel Mayor and each council district shall not be available for transfer to another council district or thel Mayor. 3. Selection of professional development events are at the discretion of each council member, but are limited to expenditures within the amount appropriated for mayor and each council district. Unexpendedfunds: for each elective position are non-transferable and shall be returned to fund balance at the end of each Council members are encouraged to select training events from the following  fiscaly year. providers:  4.  Texas Municipal League (and affiliates) North Central Texas Council of Government National Civicl League National League of Cities  5 Additional expenditures from miscellaneous professional development funds, subject to annual appropriation, for the Mayor and/or a council member chosen to represent the council, may! ber madef for special events as the need may arise. Such additional expenditures may! be made only after having been placed ont the agenda of a regular council meeting and acted upon by motion, second, and  favorable majority vote. (Resolution46-99)  -9-    SECTION II COUNCIL- STAFF RELATIONS  The City Manager is the primary link between the Council and the professional staff. The Council's relationship with the staff shall be through the City Manager, subject only to the  "inquiry" provision of the City Charter.  A  AGENDA QUESTIONS. Questions arising from Councilmembers after receiving their agenda information packet should be presented to the City Manager for staff consideration prior tot the Council meeting. The additional information will be distributed to all Councimembers. Any request for additionali information shall be provided to the entire council as expeditiously as possible prior to any meeting to ensure appropriate PRESENTATIONSTOG COUNCIL. The City! Manager shall designate appropriate staff to address each agenda item and shall see that it is adequately prepared and presented to the Council. Presentation should be professional, timely, and allow for discussion of options for resolving the issue. Staff shall make it clear that no Council action is required, present the staff recommendation, or present the specific options PROBLEM RESOLUTION.: the City Manager or staff time is being dominated or misdirected by a Councilmember ori in any conflict arising between staff and Council, 1. Visit with the Councilmember and discuss thep problem and/or impact on City 2. lfunresolved, ask the Mayor to arbitrate a resolution tot thei issue; 3. Ifstill unresolved, askt thel Mayor to present the concerns toi the Council. 4. Ift the unresolved issuei is with thel Mayor, ask the Mayor Pro Temt to 5. Ifs still unresolved issuei involves the Mayor, ask thel Mayor Pro Tem to  review.  B.  for Council consideration.  C.  the City Manager shall: Manager or staff time;  arbitrate: a resolution tot the issue. present the concerns tot the Council.  -10-    D.  STAFF CONDUCT ANDTRAINING  1. The City! Manager is responsible fort the professional: and ethical behavior ofthe City Staff. All staff members shall show each other, Council, and the public 2. The City Manager is responsible, within the constraints of the appropriated  respect and courtesy at allt times. budget, for staff development.  DI. COUNCIL ORIENTATION. The City Manager will, ina timely manner, provide appropriate orientation services for new Councimembers. Such services shall include, but not be 1. Availability of Texas Municipal League conferences ands seminars. 2. An individual meeting with new Members informing them about City facilities 3. Printed documents andi resource materials necessary tot the performance oft the  limited to, the following:  and procedures. office of Councilmember.  DII. COUNCIL- MANAGER/STAFFRELATIONS  1. Official City Council Inquiry/lnvestigation. The City Council may authorize an official inquiry or investigation into any department, agency, office, officer, or employee of the City in accordance with Sections 3.07(D)(7) and 3.09 of the City of Lancaster Home Rule Charter for the purpose of reviewing the official conduct of the department, agency, or person(s)inquestion. 2 City Council Questions Regarding Municipal Affairs: The City Council may submit questions regardingr municipal affairst tot the City Manager, in accordance with Section 3.07(D)(7) of the City of Lancaster Home Rule Charter. Such questions shall be madei in writing and! be addressed tot the City Manager. The City Manager shall reply as soon as possible, but not later than ten (10) b. Referring the inquiry to more appropriate staff with notice tot the City The City Manager shalls send a copy of all responses or referrals to all members of the Council. Nothing herein shall be construed tol limit the power of the City Council to directly communicate (in writing or verbally), with those  business days, bye either:  a. Providing a full response toi the question; or  Council oft the referral.  -11-    officers and employees directly appointed by the City Council (City Manager, City Secretary, City Attorney, and Municipal Court. Judge(s)). a. Visit with the Mayor and/or Councilmembers, and discuss abuse and/or b. If unresolved, ask the Mayor to mediate a resolution to thei issue; if the dispute is with thel Mayor, the Mayor Pro-Tem shalln mediate; C. Ifs still unresolved, the Council shall mediate a finalresolution.  3 Dispute Resolution  impact on City Manager or staff time.  (Resolution 43-98, October 12, 1998)  4. Communications with Staff  a. In order to make the most efficient use of council members and staff time and to facilitate responsiveness to both staff and constituents, Council members may, uponr request andi funding availability, bei issued a cellular 5. Disclosure of Police or Code Offense Reports and Related Records a. To protect the integrity of a_pending criminaln investigation and prosecution of an offense, R-Romaton-egardng police or-code entorsement-maters, other than-what-may be made to the publice OF media-g generallyonly "basic information" releasable to the public under the Public Information. Act will be released verbally ori in written form to any councilmember. for pending criminal or code enforcement matters. This policymayb be abrogated in exceptional circumstances where. int the judgement of the City Manager and/or City Attorney, Council should be briefed on high-profile matters or matters which may result in litigation b.A Council member request for open records may be made through the City Secretary's office for personal subject matters. Acouncil member may-notusea-OpePReONPReeD.a.copy off ewesieselydeoumens: Bengshared-WAOHeFercounememses.  telephone and tablet with service plans.  involving the City and/or its employees.-  Formatted: Indent First line: 0",Space Before: 03pt  b.  Formatted: ListF Paragraph, Justified, Indent: Left: 1.76", First line: 0", Right: 0.08", Lines spacing: 1.51 lines, Numbered- Level: 2 Numbering Style: a,b,C+ Start at:1+ Alignment: Left+ + Aligned at: 1.24"+ Indent at 1.74", Tabs stops: 1.76",Left  SECTION III MEDIAF RELATIONS -12-  Itist through ani informed public that progress is ensured and good government remains    sensitive toi its constituents. These guidelines are designed tol help ensure fair relationships with print, radio, and television reports without infringing upon the First Amendment rights of the  media.  -13-    The Council and the City Manager recognize the important link to the public provided by the media. It is the Council's desire to strengthen this link by establishing a professional A. Media Orientation. Since each government body conducts business differently, itis requested that all reporters new to City Council meetings meet with the City Manager, Mayor or the designated media relations representative prior to covering their first meeting fori information on policies andp procedures. B. Agenda Information. All reporters requesting same will receive an agenda package in advance and will be furnished support material needed for clarification for themselves or the generalpublic. Chamber Seating. During the conduct of official business, the news media shall occupy the places designated for them or the general public. D. Conduct in Chambers. Representatives of the media are requested to refrain from conversing privately with others int the audience while Council is in session. Interviews with the public should be conducted outside the Council Chambers E. Spokesperson for Staff. On administrative matters, the City Manager or his/her designeei is thes spokesperson to present staff information ont the agenda. F. Spokesperson for City. The Mayor, or the Mayor's designee, is the primary spokesperson for the official position of the City on matters regarding policy decisions and Council information pertaining to issues on the agenda. Any clarifications requested by the media on the issues should be addressed after G. Equal Access for Opposing Positions. The ethical burden for fair presentation of opposing positions on anyi issue falls upon the media. When opposing positions have been debated, regardless of the outcome, the public is better informed when all sides have adequate coverage by the media. Interviews byt the media should provide equitable representation from all Councilmembers.  working relationship to maintain a well-informed citizenry.  while Council is in session.  the meeting.  -14-    SECTIONIV BOARDS/COMMISSIONS  AII City Councimembers, with the exception of the Mayor, may serve: att the Council pleasure liaisons to all the boards and commissions of the City fora periodofone A. Councilmembers will select different boards and/or commissions to serve as liaisons on or after the appointment of the! boards and commissions B. Each Councilmember willl be allowed to select the board or commission they would liket to serve as liaisons tol by order ofs seniority. C. Councilmembers are: strongly encouraged, rather than required, to attend all meetings oft their selected boards and/or commissions. D. Each Councilmember mays submit a quarterly report to the entire council through the City Secretary on their respective board and/or commission's activity. Any questions or concerns about board or commission matters will be directed tot the  year.  members.  City Secretary for dissemination to the Council.  This Section was added after Res. No. 50-97 was adopted October 13, 1997. Item D was addeda after Res. 2007- 09-105 was adopted on September 24, 2007. Item Aa amended after Resolution 2015-11-89 was adopted on  November 16, 2015.  SECTIONV. CODE OF ETHICS  Formatted: Font: Bold Formatted: Underline  Since the office of elected official is one oft trust and service tot the citizens of Lancaster, certain ethical principles shall govern the conduct of Councimembers, who shall: A. Be dedicated to the highest ideals of honor andi integrity in all public and B. Recognize that the primary function of local government is to serve the best C. Be dedicated to public service by being cooperative and constructive, and by making the! best and most efficient use of available resources; D. Refrain from any activity or action that may! hinder one's ability tol be objective andi impartial on any matter coming beforet the Council;  personal relationships; interests of all thep people;  -15-    E. To follow the required conflict of interest and disclosure of interest (vendors) F. Not seek nor accept gifts or special favors and shall believe that personal gain by use of confidential information or by misuse of public funds or time is G. Recognize that public and political policy decisions are ultimately the H. Conduct business in open, well-publicized meetings in order to be directly accountable to the citizens of Lancaster in compliance with the City Charter and Avoid inappropriate reference to personalities, and refrain from impugning the  required under statel law.  dishonest;  responsibility of the City Council; Texas Open Meetings Act; integrity or motives of another; J. Demonstrate respect and courtesy to others; other Councilmembers and members of the public; L. Not condone any unethical ori illegal activity.  K. Refrain from rude and derogatory remarks and shall not belittle staff members,  SECTIONVI CENSURE POLICY  Formatted: Font: Bold Formatted: Indent Left: 3" Formatted: Font: 12p pt Formatted: Space Before: 6pt, Numbered Level:1 1+ Numbering: Style:1 1,2,3, + Start at: 1+ Alignment: Left Aligned at: 0.08" + Indent at: 0.65" Formatted: Font: 12p pt, Not Bold  Although left to the option of the Councilmembers. iti is encouraged that a Notice of Censure bei filed only after: (a)a personal conversation between atl least one complaining Councilmember and the accused Councilmember has taken placein accordancer with Section I(C)(12). and (b) mediation or arbitration has been conducted byt the Mayor in accordance with Section (A)(5). and both have been unsuccessful., 12 Two or more City Councilmembers mayf file a written notice-Notice of censure-Censure against another City Councilmember withi the City Secretary. The written notice shalls set forth the allegation(s) of conduct and City Charter, Code of Ethics, or Rules and Procedures provisions whicht the accused Councilmember: shall have allegedly violated, and (1)a copy of all evidence supporting the allegations; and (2)al list of persons who may be called as witnesses if the allegations proceed to final hearing. A copy shall be delivered to all Councilmembers. by the City Secretary. A written response Response tot the allegation(s) may bet filed! byt the accused Councilmember within ten (10)business days after receipt thereof. A copy oft the notice-Notice of censure Censure and response Response thereto shall be delivered to each Councilmember. by the City Secretary  within two (2) business days after the response ist filed.  -16-    Ont thef first regularly called meeting of the Council, which complies with the Texas Open Meetings Act, after thef filing of the notice-l Noticeandany! Rresponse, the City Secretary shall formally Fead presentt ther Reliee-Noticeand: respense-Response: tot the City Council and a copy will be attached to the minutes and become part of inte the public record. The Council, by majority vote, shall thereafter determine whether or not good cause shall exist to set ai formal public hearing on the merits of the notice- Notice of censure Censure or whether the allegations should be dismissed- thea allegation(s). A-publie  heatingshalbesetenthe-alegalionte)  -17-    3 bythe-Ciy-Couneil-A1 vote to hold ap public hearing shall not be construed to be a vote 34. The accused City Councilmember has the right to be represented by legal counsel andcounsel of their choosing and at their own cost; no City funds may be expendedo on the legal counsel. The counsel may attend the hearings and present evidence and testimony at the preliminary and final hearings.- Present-WInesses-relalive-to-the If the Council has voted to find good cause presented in the Notice of Censure, aA public hearing on the allegationthe allegation(s). and responseand- shalresponse shall bel helda at either ar regular or special called meeting of the City Council, which shall be epent to the publie-set no sooner than twenty (20) business days from the date of the meeting where the Notice and any Response is presented. At least ten (10) business days prior to the date of the public hearing, the accused Councilmember may file an evidentiary supplement to the written Response (if not done at the time of the initial Response filing) which shall contain: (1)a copy of all evidence refuting the allegations that the or that the Councilmember wishes the Council to consider; and (2) al listof persons who mayl be called as witnesses upon final hearing of the allegations. At the final hearing. The City Council will hear evidence concerning the notice of censure. Evidence and witnesses shall bel limited to that contained in, or listed on, the Notice of Censure and Response. The City Council shall determine whether the evidence presented is relevant and authentic. but formal Rules of Procedure and Evidence shall not apply. The format of thet final hearing is as follows: A. The City Counciimembers proffering the charges shall present evidence_ and witnessesi in support of the allegation(s) contained int the notice Notice of censureCensure ande explain how the evidence supports the proposition that the accused Councilmember violated the City Charter, Code of Ethics, or Rules and B._The Councilmember who is the subjectthe subiect of the censure shall havet the opportunity to present evidence andy witnesses to support his or her position with 51 The burden of proof shall be on the Councilmembers proffering the Notice of Censure and the standards shall be a preponderance of evidence. After receiving evidence at an- open-public meetingthe final hearing, the City Council shall then take a roll-call vote, after motion duly made and seconded, and a majority of five members of the City  of censure.  allegation(s)  Procedures.  respect tot ther notice- Notice of censureCensure.  Formatted: Normal, Left, Indent: Left: 0.5", Nob bullets  or numbering Formatted: Font: 12pt Formatted: Font: 12pt Formatted: Font: 12pt  18-    Council shall be required to sustain the censure of the Councilmember. Ifs sustained, the City Attorney shall prepare af formal Censure document for adoption byar majority vote  oft the City Council at af future meeting.  Formatted: Font: 12pt  19    CITY OF LANCASTER CITY COUNCIL  City Council Regular Meeting Meeting Date:  8.  08/23/2021  Policy Statement: This request supports the City Council 2020-2021 Policy Agenda  Goal(s):  Healthy, Safe & Engaged Community Sound Infrastructure Quality Development  Submitted by: Bester Munyaradzi, Senior Planner  Agenda Caption:  M21-31 Discuss and consider an Ordinance abandoning a small section of Rolling Hills Place, Ocean Drive and Martinque Drive rights-of-way, City of Lancaster rights-of-way, and two (2) alley rights-of-way, providing for the furnishing of a certified copy of this Ordinance for recording the real property records of Dallas County, Texas as a deed; and providing an effective date.  Background:  1., Location and Size: The property is located north of Belt Line Road and east of Rolling Hills Place 2. Current Zoning: The subject property was originally zoned Planned Development Single Family-2  and is approximately 21.14 acres in size. (PD-SF-2) which is now Single Family-6 (SF-6)  3. Adjacent Properties: Estates Phase 1)  North: Planned Development Single - family Residential PD-SF-6- (Occupied - Moffitt Creek South: Mills Branch Overlay District, Commercial Area Zone sub-district- (Vacant) East: Planned Development Single Family Residential PD-SF-6 (Vacant)  West: Planned Development Single Family Residential PD-SF-6- (Occupied - Rolling Meadows 4. Comprehensive Plan Compatibility: The Future Land Use Plan of the Comprehensive Plan identifies this site as suitable for residential uses and the residential use oft the property is  Phase 1&2)  consistent with the Future Land Use Plan of the Comprenensive Plan.  5. Case History: Date  Body Action  09/11/1995 CC Approved PD-26 Amendment - (Ordinance #44-95) 11/16/2000 P&Z PS00-24 Approved Rolling Meadows Phase I-F Preliminary Plat 06/04/2001 P&Z PS01-09 Approved Rolling Meadows Phase I- Final Plat 04/01/2002 P&Z PS03-07 Approved Rolling Meadows Phase II-F Preliminary Plat 12/17/2002 P&Z PS02-32 Approved Rolling Meadows Phase II - Final Plat 07/29/2003 P&Z PS03-20 Denied Rolling Meadows Phase III - Preliminary Plat    10/07/2003 P&Z PS03-28 Approved Rolling Meadows Phase III- Preliminary Plat 03/25/2019 P&Z Z19-03 Recommended Approval of PD. Amendment 06/10/2019 CC Z19-03 Approved PD Amendment 09/10/2019 P&Z PS19-22 Approved Preliminary Plat Phase 3 04/06/2021 P&Z Z21-06 Recommended Approval of PD. Amendment 04/26/2021 CC Z21-06 Approved PD. Amendment  Operational Considerations:  This is a request to abandon three (3) rights-of-way on Rolling Hills Place, Ocean Drive and Martinque Drive and two (2) alleys as shown on the attached Rolling Meadows Phase 3 plat. These abandonment requests are in areas where there is a transition from alley served neighborhoods, specifically Rolling Hills Phase land Moffitt Creek Estates and a neighborhood that does not have alleys;specifically Rolling Meadows Phase 3. These rights-of-way and alleys are not needed and have no use for Rolling Hills Phase I, Moffitt Creek Estates and the upcoming Rolling Meadows Phase 3. The abandonment will clean up previously dedicated but now unnecessary rights-of-way and alleys. Therefore, staff supports the applicant's request to abandon three (3) rights-of-way on Rolling Hills Place, and Martinque Drive, and  two (2) alleys shown on the attached Rolling Meadows Phase 3 plat.  Public Information Considerations: Texas Open Meetings Act Options/Alternatives:  This item is being considered at a regular meeting of the City Council noticed in accordance with the  1. The City Council may approve the Ordinance, as presented.  2. The City Council may approve the Ordinance with changes and state those changes.  3. The City Council may deny the Ordinance.  Recommendation: Attachments Ordinance Location Map  Staff recommends approval of the ordinance, as presented.  Rolling Meadows III Plat Showing alleys and rights-of-way to be abandoned  Rights-of way Abandonment Exhibits Alleys Abandonment Exhibits Letter of Intent    ORDINANCE NO.  AN ORDINANCE OF THE CITY OF LANCASTER, TEXAS ABANDONING THREE (3) RIGHTS-OF-WAY AND TWO (2) ALLEY RIGHTS-OF-WAY FROM THE ROLLING MEADOWS PHASE 3, BEING APPROXIMATELY 237, 360, AND 128 SQUARE FEET RIGHTS-OF-WAY, AND 983 AND 969 SQUARE FEET ALLEY RIGHTS-OF-WAY, IN THE CITY OF LANCASTER, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AND DEPICTED INI EXHIBITS "A" AND "B" WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE. A QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY WHEREAS, the City Council, received a request to abandon three (3) rights-of-way and two (2) alley rights-of-way from Rolling Meadows Phase 31 located north of Belt Line Road and east of Rolling Hills Place, being 237, 360 and 128 square feet rights-of-way and 983 and 969 square feet alley rights-to-way in the City of Lancaster, Texas and more particularly described and depicted in Exhibits "A" and "B" attached hereto andi incorporated herein; and WHEREAS, the City Council has determined that the three (3) rights-of-way and the two (2) alley rights-of-way attached hereto have no value to the City and is in the best interest of the City and its citizens to approve the NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. That the City Council of the City of Lancaster, Texas finds and has determined that the three (3) rights-of-way and two (2) alley rights-of-way located in Rolling Meadows Phase 3, in the City of Lancaster, Dallas County, Texas, and being more particularly described and depicted in Exhibits "A" and' "B" which are attached hereto and incorporated herein, are no longer needed or necessary for public purposes, have little or no value, and should be, SECTION 2. That the passage of this ordinance shall constitute acceptance in favor of the property owner of the property, and a certified copy of the same may bet filedi in the Deed Records of Dallas County, Texas, to indicate such SECTION: 3. That upon acceptance and passage by the City, a Quitclaim of this Ordinance shall be and constitute a SECTION 4. That the abandonment of the said rights-of-way and alley rights-of-way, shall be construed to extend only to such interests that the governing body of the City of Lancaster, Texas, may legally and lawfully abandon. SECTION 5. That this ordinance shall take effect immediately from and after its passage as the law and charter in DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 23rd day of August,  CLERK OF DALLAS COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE.  abandonment.  and hereby are, abandoned in favor of the underlying property owner at no cost.  abandonment. Deed.  such cases provide. 2021. ATTEST:  APPROVED:  Sorangel O. Arenas, City Secretary APPROVED ASTOFORM:  Clyde C. Hairston, Mayor    David' T. Ritter, City Attorney    CORALDR  Lancaster  Fire Hydrants Storm Sewer Lines Sewer Lines Water Lines Parcels FEMA 100yr Floodplain 162.5 325  CEA  RD PETLAE  650    PRELIMINARY  ALLEY ROW  MEAEE  JETTIDRIVE  MARTINIQLEDRIVE  STREET ROW  STREET ROW  FINALPLAT ROLLING MEADOWS PHASEIII LOTS 1-19, 20X AND21X, BLOCKA LOTS 1-35 AND 36X, BLOCKB LOTS 1-22 AND23X, BLOCKC LOTS 1-11,BLOCKD Being2 21.360A Acres outofthe John M. Rawlins Survey, Abst. 1208, the G.K. Sneed Survey, Abst. 1278, and Ithe Wampler Survey, Abst. 1546 inthe City ofLancaster, Dallas County, Texas -2019-  WINDROSE LANDSURVEYING PLATTING    EXHIBIT "A" RIGHT-OF-WAY ABANDONMENT 237SQ. FT. (0.005 ACRES) TRACT SITUATED INT THE G.K. SNEADS SURVEY, ABSTRACTNO. 1546 CIYOFLANCASTER, DALLAS COUNTY, TEXAS  PROPERTY DESCRIPTION:  BEING A TRACT OF LAND SITUATED IN THE G.K. SNEAD SURVEY, ABSTRACT NUMBER 1546, IN DALLAS COUNTY, TEXAS, BEING A PART OF AN EXISTING ROAD KNOWN AS ROLLING HILL PLACE (VARIABLE WDTH RIGHT-OF-WAY) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (BEARINGS AND DISTANCES ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE (4202) NORTH AMERICAN DATUM OF 1983 (NAD 83)(US FOOT) WITH A ÇOMBINED SCALE FACTOR OF COMMENCING AT 1/2-INCH REBAR FOUND FOR THE SOUTHERNMOST SOUTHEAST CORNER OF THAT SAME TRACT OF LAND DESCRIBED TO LANCASTER ROLLING MEADOWS IN SPECIAL WARRANTY DEED AS RECORDED IN VOLUME 2001082, PAGE 5728 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS (D.R.D.C.T.). SAID POINT BEING THE SOUTHWEST CORNER OF THAT SAME TRACT OF LAND DESCRIBED TO WILLOW GROVE BAPTIST CHURCH INC, IN GENERAL WARRANTY DEED AS RECORDED IN VOLUME 2005031, PAGE 70 (D.R.D.C.T.) AND LYING ON THE NORTHWEST RIGHT-OF-WAY UNE OF WEST BELT LINE ROAD (VARIABLE WDTH RICHT-OF-WAY), SAID POINT BEING THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1,550.00 FEET, A CENTRAL ANGLE OF 09 DEGREES 40 MINUTES 23 SECONDS, AND A CHORD BEARING AND DISTANCE OF SOUTH 74 DEGREES 16 MINUTES 14 SECONDS WEST, 261.37 FEET: THENCE IN A SOUTHWESTERLY DIRECTION, WITH THE CURVNG SOUTHEAST LINE OF SAID LANCASTER ROLLING MEADOWS TRACT AND THE CURVING NORTHWEST RIGHT-OF-WAY LINE OF SAID WEST BELT LINE ROAD, AN ARC LENGTH OF 261.68 FEET TO A POINT FOR THENCE SOUTH 69 DEGREES 26 MINUTES 03 SECONDS WEST, CONTINUING WTH A SOUTHEAST LINE OF SAID LANCASTER ROLLING MEADOWS TRACT AND THE NORTHWEST RIGHT-OF-WAY LINE OF SAID WEST BELT. LINE ROAD, A DISTANCE OF 318.57 FEET TO A POINT FOR THE SOUTHERNMOST SOUTHWEST CORNER OF SAID LANCASTER ROLLING MEADOWS TRACT, SAID POINT BEING THE INTERSECTION OF THE NORTHWEST RIGHT-OF-WAY LINE OF SAID WEST BELT LINE ROAD AND THE NORTHEAST RIGHT-OF-WAY LINE THENCE NORTH 20 DEGREES 32 MINUTES 21 SECONDS WEST, DEPARTING THE NORTHWEST RIGHT-OF-WAY LINE OF SAID WEST BELT LINE ROAD, WITH A SOUTHWEST LINE OF SAID LANCASTER ROLLING MEADOWS TRACT AND THE NORTHEAST RIGHT-OF-WAY LINE OF SAID ROLLING HILL PLACE, A DISTANCE OF 126.27 FEET TO A POINT FOR CORNER, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 20 DEGREES 32 MINUTES 21 SECONDS WEST, OVER, ACROSS, AND UPON THE EXISTING RIGHT-OF-WAY OF SAID ROLLING HILL PLACE, A DISTANCE OF 27.98 FEET TO A POINT FOR CORNER, SAID POINT BEING THE PROPOSED INTERSECTION OF THE NORTHEAST RIGHT-OF-WAY LINE OF SAID ROLLING HILL PLACE AND THE PROPOSED SOUTHEAST RIGHT-OF-WAY LINE OF OCEAN THENCE NORTH 70 DEGREES 22 MINUTES 10 SECONDS EAST, CONTINUING OVER, ACROSS, AND UPON THE EXISTING RIGHT-OF-WAY OF SAID ROLLING HILL PLACE, AND WITH THE PROPOSED SOUTHEAST RIGHT-OF-WAY LINE OF SAID OCEAN DRIVE, A DISTANCE OF THENCE SOUTH 20 DEGREES 32 MINUTES 21 SECONDS EAST, WTH A SOUTHWEST. UNE OF SAID LANCASTER ROLLING MEADOWS TRACT, A_DISTANCE OF 27.85 FEET TO A POINT FOR AN INTERIOR "ELL" CORNER OF SAID LANCASTER ROLLING MEADOWS TRACT; THENCE SOUTH 69 DEGREES 27 MINUTES 39 SECONDS WEST, WITH A NORTHWEST LINE OF SAID LANCASTER ROLLING MEADOWS TRACT, A DISTANCE OF 8.50 FEET TO THE POINT OF BEGINNING AND CONTAINING 237 SQUARE FEET OR 0.005 ACRES OF LAND,  1.000136506):  CORNER;  OF SAID ROLLING HILL PLACE;  DRIVE (60' RIGHT-OF-WAY):  8.50 FEET TO A POINT FOR A NORTHWEST CORNER OF SAID LANCASTER ROLLING MEADOWS TRACT;  MORE OR LESS.  OF  MARK N. PEEPLES 6443  RPLS/No. 6443  FIELDED BY: DRAWNE BY: CHECKED BY: M.N.P. JOBNO. SHEET1OF2  DATE: 7-19-2021 REV: REV: REV: REV:  T.D. D56569  WINDROSE LAND SURVEYING I PLATTING 19551 LAKEWAY DRIVE, SUITE 220 I LEWISVILLE, TX7 75057 1: 214.217.2544 FIRM REGISTRATIONI NO.1 10194331 I WNDROSSERVICESCOM    16' ALLEY MOFFITT CREEK ESTATES VOL. PHASE 87078, ONE PG. 1511 D.R.D.C.T. 1/2" REBAR (CM) RPLS 4813- AFFORDABLE HOUSING CONSTRUCTION, INC. VOL. 2003044, PG. 3902 D.R.D.C.T.  CGHLEE   NORTH SCALE: 1"-10  LOT 35 ROLLNG MEADOWS PHASEM LANCASTER ROLLING MEADOWS VOL. 2001082, PG. 5728 D.R.D.C.T. RIGHT-OF-WAY ABANDONMENT 237 sa. FT. (0.005 AGRES)  10  10  POINT OF BEGINNING  WILLOW GROVE BAPTIST CHURCH, INC VOL. 2005031, PG. 70 O.P.R.D.C.T. REBAR (C.M.) POINT OF COMMENCING  MARK N. PEEPLES 6443 RPLS/No. 6443 LEGEND_OE ABBREMATIONS D.R.D.C.T. DEED RECORDS, DALLAS, C.M. CONTROLLING MONUMENT EXHIBIT" "B" RIGHT-OF-WAY ABANDONMENT 237 SQ. FT. (0.005A ACRES) TRACT CHECKEDBY: M.N.P. SITUATEDI INT THE G.K.S SNEADS SURVEY, ABSTRACTNO. 1546 CIY OFLANCASTER, DALLAS COUNTY,TEXAS  SAST PReE SEE  NOTES:  BEARINGS AND DISTANCES ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE (4202) NORTH AMERICAN DATUM OF 1983 (NAD 83)(US FOOT) WITH A COMBINED SCALE FACTOR OF 1.000136506. MONUMENTS ARE FOUND UNLESS SPECIFICALLY DESIGNATED AS SET. WINDROSE LAND SURVEYING - PLATTING 1955L LAKEWAYE DRIVE. SUITE: 2201 LEWISVILLE. TX7 75057 214.217.2544 NO. 10194331 WINDROSESERVIC  COUNTY, TEXAS FIELDEDBY: DRAWNBY: T.D. JOBNO. D56569 SHEET2OF2  DATE: 7-19-2021 REV: REV: REV: REV:  FIRME    EXHIBIT "A" R.O.W. ABANDONMENT 360SQ. FT. TRACT SITUATED INT THE G.K. SNEED SURVEY, ABSTRACTNO. 1278 CIYOF LANCASTER, DALLAS COUNTY, TEXAS  BEING A 360 SQUARE FOOT TRACT OF LAND SITUATED IN THE THE G.K. SNEED SURVEY, ABSTRACT NUMBER 1278 CITY OF LANCASTER, DALLAS COUNTY AND BEING A PORTION OF AN EXISTING RIGHT-OF-WAY KNOWN AS "OCEAN DRIVE" AND BEING ADJACENT TO A TRACT OF LAND DESCRIBED IN SPECIAL WARRNATY DEED TO LANCASTER ROLUING MEADOWS RECORDED IN VOLUME 2001082, PAGE 5728, DEED RECORDS, DALLAS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (BEARINGS AND DISTANCES ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE (4202) NORTH AMERICAN DATUM OF 1983 (NAD83) (US FOOT) WTH A COMBINED SCALE FACTOR OF COMMENCING AT A 1/2 INCH REBAR FOUND FOR THE SOUTHEAST CORNER OF SAID LANCASTER ROLLING MEADOWS TRACT, SAME BEING THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN GENERAL WARRANTY DEED TO WILLOW GROVE BAPTIST CHURCH, INC. AS RECORDED IN VOLUME 2005031, PAGE 70, DEED RECORDS, DALLAS COUNTY, TEXAS AND LYING ON THE NORTH RIGHT-OF-WAY LINE OF WEST BELT LINE ROAD (VARIABLE WIDTH RIGHT-OF-WAY) AND BEING THE BEGINNING OF A CURVE TO THE LEFT WTH A RADIUS OF 1550.00 FEET, A CENTRAL ANGLE OF 09 DEGREES 40 MINUTES 23 SECONDS, A CHORD BEARING THENCE WITH SAID CURVE TO THE LEFT, WITH THE NORTH RIGHT-OF-WAY LINE OF SAID WEST BELT LINE ROAD, AN ARC LENGTH THENCE SOUTH 69 DEGREES 26 MINUTES 03 SECONDS WEST, WITH THE NORTH RIGHT-OF-WAY LINE OF SAID WEST BELT LINE ROAD, A DISTANCE OF 318.57 FEET TO 1/2 INCH REBAR CAPPED "WINDROSE" FOUND FOR CORNER AND LYNG ON THE INTERSECTION OF SAID NORTH RIGHT OF WAY LINE OF SAID WEST BELT LINE ROAD AND THE EAST RIGHT-OF-WAY LINE OF THENCE NORTH 20 DEGREES 32 MINUTES 21 SECONDS WEST, WITH THE EAST RIGHT-OF-WAY LINE OF SAID ROLLING HILLS PLACE, A DISTANCE OF 126.27 FEET TO A 1/2 INCH REBAR CAPPED "WINDROSE" FOUND FOR CORNER; THENCE NORTH 69 DEGREES 27 MINUTES 39 SECONDS EAST, WITH THE SOUTHEAST RIGHT-OF-WAY LINE OF SAID ROLLING HILLS PLACE, A DISTANCE OF 8.50 FEET TO A 1/2 INCH REBAR CAPPED "WINDROSE" FOUND FOR CORNER; THENCE NORTH 20 DEGREES 32 MINUTES 21 SECONDS WEST, WITH THE EAST RIGHT-OF-WAY LINE OF SAID ROLLING HILLS PLACE, A DISTANCE OF 27.85 FEET TO A POINT FOR CORNER AND LYNG ON THE SOUTHWEST CORNER OF ROLLING MEADOWS ADDITION, PHASE I, AN ADDITION TO THE CITY OF LANCASTER AS REÇORDED IN VOLUME 2001227, PAGE 51, PLAT RECORDS, DALLAS COUNTY, TEXAS, SAME BEING THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SAID ROLLING HILLS PLACE AND THENCE NORTH 70 DEGREES 22 MINUTES 10 SECONDS EAST WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID OCEAN DRIVE, A DISTANCE OF 56.71 FEET TO A 1/2 INCH REBAR CAPPED "WINDROSE" FOUND FOR CORNER, SAID CORNER BEING THE POINT OF THENCE NORTH 70 DEGREES 22 MINUTES 35 SECONDS EAST, OVER, ACROSS AND UPON SAID RIGHT-OF-WAY OF OCEAN DRIVE, THENCE SOUTH 13 DEGREES 54 MINUTES 47 SECONDS EAST, WTH A SOUTHEAST: RIGHT-OF-WAY LINE OF SAID OCEAN DRIVE, A THENCE SOUTH 70 DEGREES 22 MINUTES 35 SECONDS WEST, WITH THE SOUTHERNMOST RIGHT-OF-WAY LINE OF SAID OCEAN THENCE NORTH 25 DEGREES 20 MINUTES 04 SECONDS WEST, WTH THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID OCEAN DRIVE, A DISTANCE OF 20.10 FEET TO THE POINT OF BEGINNING AND CONTAINING 360 SQUARE FEET OR 0.008 ACRES OF LAND, MORE  1.000136506)  AND DISTANCE OF SOUTH 74 DEGREES 16 MINUTES 14 SECONDS WEST, A DISTANCE OF 261.37 FEET; OF 261.68 FEET TO A 1/2 INCH REBAR CAPPED "WINDROSE" FOUND FOR CORNER;  ROLLING HILLS PLACE (VARIABLE WDTH RIGHT-OF-WAY);:  THE SOUTH RIGHT OF WAY LINE OF OCEAN DRIVE (50 FOOT RIGHT OF WAY);  BEGINNING;  A DISTANCE OF 20.00 FEET TO A 1/2 INCH REBAR CAPPED "WINDROSE" FOUND FOR CORNER; DISTANCE OF 20.10 FEET TO A 1/2 INCH REBAR CAPPED "WINDROSE" FOUND FOR. CORNER; DRIVE, A DISTANCE OF 16.00 FEET TO A 1/2 INCH REBAR CAPPED "WINDROSE" FOUND' FOR CORNER;  OR LESS.  95.  MARK N. PEEPLES 6443  M  FIELDEDE BY: DRAWNE BY: CHECKED! BY: M.P. JOBNO. SHEET1OF3  DATE: 01/08/2021 REV: REV: REV:  G.L.C. 056569-113941 REV:  WINDROSE LAND SURVEYING IF PLATTING 220 ELMSTREET, SUITE: 200 I LEWISVILLE, TX75057 214.217.2544 FIRMI REGISTRATIONNO. 10194331 I WINDAOSEERVICE.COM DRAWNE BY:G.LG. DATE:01/08/2021 OBN0.D58560-13941    BF  Bta.  1    NOTES:  Bearings and distances are based on the State Plane Coordinate Systern, Texas North Central Zone (4202) North American Datum of 1983 (NAD 83)(US Foot) with a combined scale factor of Monuments are found unless specifically designated as set.  1/2" REBAR CAPPED "RPLS4813 FOUND (C.M.)  NORTH 0 SCALE: 1"=200  200'  200'  1.000136506,  AFFORDABLE HOUSING CONSTRUCTION, INC. VOL 2003044, PG. 3902 D.R.D.CT.  LOT20 LOT25 LOTI0 LOT 26 LOT18 LOT27 LOT17 LOT28 LOT16 LOT29 LOT15 LOT30 LOT14 LOT31 LOT32 Lor13 LOT35 LOT 12, LOT" LOT3+ LOT10 LOT35 OF LOT9 LOT36 LOTB LOT37 LOT7 LOT38 LOT6 LOT 39 LOT5 LOT40 LOT4 LOT41 LOT3 LOT42 BLOCKA LOT2 LOT43 LOT1 #702210 E 4.71 N: 20372""# 124.27  ROLLNG MEADOWS ADDITON PHASEI VOL. 2001227, Pa.51 O.PR.D.C.T. LOT19 1/2" REBAR AFOUND (C.M.) LOT20 LoT21 LoT22/ LOT2S LOT24 LOT25 LOT26 LOT27 LOT28 10r20 BLOCKB LOT30 LOT3 LOT32 LOT33  LOT1 17 e LOT18  VAENE VAMPLER Suavrr 1546  a* E0 1278 EURVEY  JAMES MARTIN BROWN INST. NO. 201700227132 OP.R.D.CT.  GK. SNELO SURVEY A1276 R-782.00 6-300010 Lr400.7. S- 32c'os" 0-306.10  WLLDW GROVE BAPTST CHURCH, INC VoL 2005031, PG. 75 ORR.D.CT. E SURVEY 1205 GK. SNEEDS SURVIY '278  REMAINDER OF LANCASTER VOL. ROLLING 2001082, MEADOWS PG. 5728 D.R.D.C.T.  MARK N. PEEPLES 6443  225847 w 20.03 LOT34 /51 702235 W B10 103725 5a.00 WLLOW GROVE VOL BAPIST 2005031, CHURCH, INC PG.70 O.P.R.D.GT. POINT OF COMMENGNG 1/2" REBAR R-1,534.00 FOUND (CM.) L261.85 CB-5 41814W C-281.37  ROLUNG MEADOWS ADDTION PHASE VoL 2001227, Pa.5 OP.R.D.T.  7RALS Mo. GAATL EXHIBIT "B" R.O.W. ABANDONMENT 360SQ. FT. TRACT SITUATED INT THE G.K. SNEED SURVEY, ABSTRACTNO. 1278 CITY OFI LANCASTER, DALLAS COUNTY, TEXAS  RQW. ABANDONMENT SEE "EXHIBIT C  - zo32'w 27.85 NeszsE asd  sIske  FIELDEDE BY: DRAWN BY: CHECKEDI BY: M.P. JOBNO. SHEET20F3  DATE: 01/08/2021 REV: REV: REV:  G.L.C. D56569-113941 REV:  WINDROSE LAND SURVEYING I PLATTING 220ELMS STREET, SUITE: 200 LEWISVILLE, TX7 75057 1214.217.2544 FIRM REGISTRATIONI NO.1 10194331 - WINDROSESEAVICE.COM: DRAWNBY:G.LC. DATE:01/08/2021 JOBN0.058589-1341    EXHIBIT"A" RO.W.ABANDONMENT 128 SQ. FT. TRACT SITUATEDINTHE VALENTINE WAMPLER: SURVEY, ABSIRACTNO.1546 CITY OF LANCASTER, DALLAS COUNTY, TEXAS  BEING A 128 SQUARE FOOT TRACT OF LAND SITUATED IN THE VALENTINE WAMPLER SURVEY CITY OF LANCASTER, DALLAS COUNTY, ABSTRACT NUMBER 1546, BEING A PORTION OF AN EXISTING ROAD KNOWN AS MARTINIQUE DRIVE" AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (BEARINGS AND DISTANCES ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE (4202) NORTH AMERICAN DATUM OF 1983 (NAD83) (USFOOT) WTH A COMBINED SCALE FACTOR OF 1.000136506); COMMENCING AT A 1/2 INCH REBAR CAPPED "BRITTAIN" FOUND FOR AN INTERIOR "ELL" CORNER OF LOT 1, BLOCK 1 OF ROLLING HILLS ELEMENTARY SCHOOL, AN ADDITION TO THE CITY OF LANCASTER, AS RECORDED IN VOLUME 93042, PAGE 1747, PLAT RECORDS, DALLAS COUNTY, TEXAS, SAME BEING AN EXTERIOR "ELL" CORNER OF A TRACT OF LAND DESCRIBED BY SPECIAL WARRANTY DEED TO LANCASTER ROLLING MEADOWS IN VOLUME 2001082, THENCE SOUTH 42 DEGREES 39 MINUTES 42 SECONDS WEST, WITH A SOUTHEASTERN LINE OF SAID LOT 1, A DISTANCE OF 190.53 FEET TO A POINT FOR CORNER, SAID POINT LYING ON THE NORTHEAST RIGHT-OF-WAY LINE OF MARTINIQUE DRIVE (50 FOOT RIGHT-OF-WAY), AND BEING THE BEGINNING OF A CURVE TO THE RIGHT WITH A RADIUS OF 424.66 FEET, A CENTRAL ANGLE OF 09 DEGREES 50 MINUTES 18 SECONDS AND A CHORD BEARING THENCE IN A SOUTHEASTERLY DIRECTION, WITH THE NORTHEAST RIGHT-OF-WAY LINE OF SAID MARTINIQUE DRIVE, AN ARC LENGTH OF 72.92 FEET TO A 1/2 INCH REBAR CAPPED "WINDROSE" FOUND FOR CORNER, SAID CORNER THENCE NORTH 48 DEGREES 22 MINUTES 06 SECONDS EAST, WITH A NORTHEASTERN PORTION OF SAID MARTINIQUE DRIVE RIGHT-OF-WAY, A DISTANCE OF 6.44 FEET TO A 1/2 INCH REBAR CAPPED "WINDROSE" FOUND FOR THENCE SOUTH 41 DEGREES 37 MINUTES 54 SECONDS EAST, WITH A NORTHEASTERN PORTION OF SAID MARTINIQUE DRIVE RIGHT-OF-WAY, A DISTANCE OF 18.82 FEET TO A 1/2 INCH REBAR CAPPED "WINDROSE" FOUND FOR THENCE SOUTH 37 DEGREES 02 MINUTES 27 SECONDS WEST, WTH THE SOUTHERN RIGHT-OF-WAY LINE OF SAID MARTINIQUE DRIVE, A DISTANCE OF 6.82 FEET TO A 1/2 INCH REBAR CAPPED "WINDROSE" FOUND FOR CORNER AND BEING THE BEGINNING OF A CURVE TO THE LEFT WTH A RADIUS OF 424.66 FEET, A CENTRAL ANGLE OF 02 DEGREES 43 MINUTES 14 SECONDS AND A CHORD BEARING AND DISTANCE OF NORTH 40 DEGREES 55 MINUTES 45 THENCE IN A NORTHWESTERLY DIRECTION, OVER, ACROSS AND UPON SAID MARTINIQUE DRIVE, AN ARC LENGTH OF 20.16 FEET TO THE POINT OF BEGINNING AND CONTAINING 128 SQUARE FEET OR 0.003 ACRES OF LAND, MORE OR  PAGE 5728, DEED RECORDS, DALLAS COUNTY, TEXAS;  AND DISTANCE OF SOUTH 47 DEGREES 12 MINUTES 12 SECONDS EAST, 72.83 FEET;  BEING THE POINT OF BEGINNING;  CORNER; CORNER;  SECONDS WEST, 20.16 FEET;  LESS.  MARK N. PEEPLES 6443  N  PLSA  FIELDED! BY: DRAWNE BY: CHECKED BY: M.P. JOBNO. SHEET2C OF2  DATE: 01/08/2021 REV: REV: REV:  G.L.C. D56569-113941 REV:  WINDROSE LAND SURVEYING I PLATTING 220 ELMS STREET, SUITE: 200 LEWISVILLE, TX7 75057 1214.217.2544 FIRME REGISTRATIONI NO.1 10194331 I WIMDROSESEHVICES.COM: DRAWN BY:G.LC. DATE:01/08/2021 OBNO.D5658941341      ANe    EXHIBIT "A" ALLEY ABANDONMENT 983S SQ. FT.TRACT SITUATEDINTHE VALENTINE WAMPLER: SURVEY, ABSTRACT NO.1 1546 CITY OF LANCASTER, DALLAS COUNTY, TEXAS  BEING. A 983 SQUARE. FOOTTRACT OFLAND. SITUATEDI IN THE VALENTINE WAMPLER SURVEY, ABSTRAÇT! NUMBER 1546, BEING Al PORTION OF ANI EXISTING. ALLEY, AS CREATEDI IN VOLUME 87078, PAGE 1511,PLATI RECORDS, DALLAS COUNTY,TEXAS, AND BEINGI MORE: PARTICULARLYI DESCRIBED! BYI METES ANDI BOUNDS. ASI FOLLOWS: (BEARINGS. AND DISTANCES. ARE BASED ON THE: STATEI PLANE COORDINATE: SYSTEM, TEXASI NORTH CENTRALZ ZONE (4202)! NORTH AMERICANI DATUM OF 1983 (NAD83)(US BEGINNING. ATAI 1/2 INCH REBAR CAPPED "RPLS4813" FOUNDI FOR THE SOUTHEASTERN MOST CORNER OFS SAID ALLEY, SAME BEING THE EASTERNMOSTI NORTHEASTERMMOST: CORNER OF ATRACT OFLANDI DESCRIBEDI IN SPECIAL WARRANTY DEED1 TO LANCASTER ROLLING MEADOWS RECORDED: IN VOLUME: 2001082, PAGE 5728, DEEDI RECORDS, DALLAS COUNTY, TEXAS, AND LYING ON THE WESTI LINE OF A TRACT OFI LAND: DESCRIBED: IN GENERAL WARRANTYI DEED1 TO. AFFORDABLE! HOUSING CONSTRUCTION, INC. REÇORDED, IN VOLUME: 2003044, PAGE 3902, DEEDI REÇORDS, DALLAS COUNTY,TEXAS; THENCE: SOUTH 881 DEGREES 581 MINUTES: 51 SECONDS WEST, DEPARTING1 THE WESTI LINE OF SAID AFFORDABLE HOUSING CONSTRICTION, INC, WITH AI NORTHLINE OF SAIDI LANCASTER ROLLINGI MEADOWS TRACT, AI DISTANCE OF 16.001 FEETT TOA POINT. FOR CORNER: FROM' WHICH A 1/21 INCH) REBAR CAPPED' "BRITTAIN" FOUND BEARS: NORTH 381 DEGREES 471 MINUTES, 0.6 FEET ANDI BEINGTHE BEGINNING OF A CURVE' TO'T THEI LEFT WITHAI RADIUS OF4 40.00 FEET, A CENTRAL. ANGLE OFS 901 DEGREES 00 MINUTES 00 SECONDS, AND A CHORDI BEARING. ANDI DISTANCE OF NORTH 461 DEGREES 031 MINUTES 00 SECONDS WEST,A THENCE. IN A NORTHWESTERLY: DIRECTION, WITHT THE CURVING SOUTHWEST LINE OF SAID ALLEY, AT NORTHEASTLINE OF SAID LANCASTER: ROLLINGI MEADOWS TRACT, AND. ALONG SAID CURVETOTHELEFT, AN ARCI LENGTH OF 62.83) FEETTOA1 1/21 INCH THENCE! NORTH 881 DEGREES 571 MINUTES 00 SECONDS, EAST, OVER, ACROSS ANDI UPON SAID ALLEY, Al DISTANCE OF: 55.991 FEET TOA POINT ON" THE WESTLINE OF SAID AFFORDABLEI HOUSINGTRACT, ANDI BEING ON THE EASTI RIGHT-OP-WAYLINE: OF SAID THENCE SOUTHO 01 DEGREES 031 MINUTES. 51 SECONDS EAST, WITH THE EASTI RIGHT-OF-WAYI LINE OF SAID ALLEY, ANDTHE WESTI LINE OF SAID AFFORDABLEI HOUSINGTRACT,AT DISTANCE OF4 40.01 FEET TO THE POINT OF BEGINNINGAND CONTAINING  FOOT) WITH/ A COMBINED: SCALE FACTOR OF 1.000136506);  DISTANCE OF: 56.57 FEET;  REBAR CAPPED WINDROSE" SETI FOR CORNER;  ALLEY;  983 SQUAREI FEET OR 0.023 ACRES OFI LAND, MORE OR LESS.  MARK N. PEEPLES 6443  440  FIELDED BY: DRAWNBY: CHECKEDBY: M.P. JOBNO. SHEET2OF2  DATE: 01/06/2021 REV: REV: REV;  G.L.C. D56569-113941 REV:  WINDROSE LAND SURVEYING I PLATTING 220E ELMS SIREET, SUITE: 200 I LEWISVILLE, TX7 75057 1214.217.2544 FIRME REGISTRATIONNO. 10194331 IMINDAOSRVCES.COM: DRAWNB BY:G.L.C. DATE:01/06/2021 OBNO.D58559413941    .66'906'1 3.15,0.10 s  S 01'03'51" E 40.01'    T    EXHIBIT"A" ALLEY ABANDONMENT 969 SQ. FT.TRACT SITUATEDI INTHE VALENTINE WAMPLER: SURVEY, ABSTRACT NO. 1546 CITY OF LANCASTER, DALLAS COUNIY,TEXAS  BEING A 969 SQUARE FOOT TRACT OF LAND SITUATED IN THE VALENTINE WAMPLER SURVEY CITY OF LANCASTER, DALLAS COUNTY, ABSTRACT NUMBER 1546, BEING A PORTION OF AN EXISTING ALLEY, AS CREATED IN VOLUME 87078, PAGE 1511, PLAT RECORDS, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (BEARINGS AND DISTANCES ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE (4202) NORTH AMERICAN DATUM OF 1983 (NAD83) (US FOOT) WITH A BEGINNING AT A 1/2 INCH REBAR CAPPED "RPLS4813" FOUND FOR THE SOUTHEASTERNMOST CORNER OF HEREIN DESCRIBED TRACT, SAME BEING AN INTERIOR "ELL" CORNER OF A REMAINING PORTION OF A TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO LANÇASTER ROLLING MEADOWS RECORDED IN VOLUME 2001082, THENCE SOUTH 87 DEGREES 40 MINUTES 47 SECONDS WEST, WITH A NORTH LINE OF SAID LANCASTER ROLLING MEADOWS TRACT, SAME BEING A SOUTH RIGHT-OF-WAY LINE OF SAID ALLEY, A DISTANCE OF 15,69 FEET TO A POINT FOR A NORTHWEST CORNER OF SAID LANCASTER ROLLING MEADOWS TRACT, AND LYNG ON THE EAST LINE OF LOT 1, BLOCK 1 OF ROLLING HILLS ELEMENTARY SCHOOL, AN ADDITION TO THE CITY OF LANCASTER, AS RECORDED IN VOLUME 93042, PAGE 1747, DEED RECORDS, DALLAS COUNTY, TEXAS FROM WHICH AN "x" CUT THENCE NORTH 01 DEGREES 03 MINUTES 51 SECONDS WEST, OVER, ACROSS AND UPON SAID ALLEY, A DISTANCE THENCE NORTH 88 DEGREES 47 MINUTES 42 SECONDS EAST, OVER, ACROSS AND UPON SAID ALLEY, A DISTANCE OF 55.58 FEET TO A 1/2 INCH REBAR CAPPED WINDROSE" SET FOR CORNER ON THE NORTH LINE OF SAID LANCSTER ROLLING MEADOWS TRACT, SAME BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID ALLEY AND BEING THE BEGINNING OF A CURVE TO THE LEFT WITH A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 89 DEGREES 49 MINUTES 52 SECONDS AND A CHORD BEARING AND DISTANCE OF SOUTH 43 DEGREES 51 MINUTES 56 THENCE IN A SOUHWESTERLY DIRECTION, WITH THE CURVING SOUTHEAST LINE OF SAID ALLEY, A NORTHWEST LINE OF SAID LANCASTER ROLLING MEADOWS TRACT, AND ALONG SAID CURVE TO THE LEFT, AN ARC LENGTH OF 62.71 FEET TO THE POINT OF BEGINNING AND CONTAINING 969 SQUARE FEET OR 0.022 ACRES OF LAND, MORE OR LESS.  COMBINED SCALE FACTOR OF 1.000136506);  PAGE 5728, DEED RECORDS, DALLAS COUNTY, TEXAS;  FOUND BEARS NORTH 33 DEGREES 53 MINUTES, 0.8 FEET; OF 40.19 FEET TO A POINT FOR CORNER;  SECONDS WEST, A DISTANCE OF 56.49 FEET;  OF  MARK N. PEEPLES 6443  A  RPLSNO. 6442  FIELDED BY: DRAWNBY: CHECKED! BY: M.P. JOBNO. D56569-113941 REV: SHEET2OF2  DATE: 01/06/2021 REV: REV: REV:  G.L.C.  WINDROSE LAND SURVEYING I PLATTING 220E ELMS STREET, SUITE: 200. I LEWISVILLE, TX7 75057 214.217.2544 FIRM REGISTRATIONI NO.1 10194331 I WNDROSESERVICEICOM DRAWNBY:G.LC. DATE:01/06/2021 OBN0.056559.413941    :  JOZI 80,0.10    SHII Spring Haven Investments, Inc.  August 8, 2021 Vicki Coleman Development Services Director City of Lancaster 211 N. Henry St Lancaster, TX75146 Phase 3 Dear Ms. Coleman,  RE: Alley/Street Abandonments for Final Plat of Rolling Meadows  We are requesting thet formal abandonment of 5 separate items prior to our Final Platting of Rolling Meadows Phase 3 as were noted in our approved Preliminary Plat. There are 2 alley returns from Moffit Creek Estates to our north, 2 road/alley ROW stubs from the construction of Rolling Meadows Phase (Ocean Drive and Martinique Drive), and a small section of Rolling Hills Place ROW that didn't line up with Ocean Drive when it was built in Phase 1 of Rolling Meadows. These abandonments were contemplated when we rezoned and preliminary platted Rolling Meadows Phase 3 and are reflected on the approved preliminary plat. Theses abandonments are being abandoned in areas where we transition from neighborhoods which have alleys (Rolling Hills Phase 1 and Moffit Creek Estates) to a neighborhood that doesn't (Rolling Meadows Phase 3). We request the City approve these abandonments in conjunction with, and prior to the recording of ourf final plat for When approved, the recording information of these abandonments will be reflected on the recorded final plat for Rolling Meadows  Rolling Meadows Phase 3.  Phase 3.  6750Hillcrest: Plaza Drive Suite 318 Dallas,TX75230 P:972.386.3333 F:972.386.6190    Ihave attached the recorded plats for the two neighborhoods that originally dedicated these areas and legal descriptions of the areas1 to  be abandoned. Thank you,  Raul h  Randell Curington President  Lancaster Rolling Meadows, Ltd.    CITY OF LANCASTER CITY COUNCIL  City Council Regular Meeting Meeting Date:  9.  08/23/2021  Policy Statement: This request supports the City Council 2020-2021 Policy Agenda  Goal(s):  Healthy, Safe & Engaged Community Sound Infrastructure Quality Development  Submitted by: Bester Munyaradzi, Senior Planner  Agenda Caption:  M21-33 Discuss and consider a resolution accepting one (1) water easement (20-foot wide or 2.261 acre) from PME Oakmont Lancaster, LLC, (Grantor), to the City of Lancaster (City) for the installation, construction, operation, maintenance, replacement, repair, upgrade and/or removal of a waterline and all necessary or desirable structures, facilities and appurtenances necessary to provide a secondary and separate connection to the City water system; establishing conditions, providing for the furnishing of a certified copy oft this resolution for recording in the property records of Dallas County, Texas as a deed. This is a request for one (1) water easement for the purpose of extending a public water line to serve Lot 1, Block Ai for Oakmont 20/35 Warehouse. The property to be served by this line consists of4 41.653 The Public Works staff has verified that the location oft the proposed public water easement is acceptable. Having identified the location of these facilities, an easement must be granted by the property  Background:  acres and is located at the southeast corner of West Drive and Longhorn Drive.  owner which must be considered and approved by City Council.  Operational Considerations: public purpose and is of use to the City. Legal Considerations:  The City Council must consider accepting the water easement as it has been determined to serve a  The resolution has been reviewed and approved as toi form by the City Attorney.  Public Information Considerations: Texas Open Meetings Act. Options/Altemnatiyes:  This item is being considered at al Regular Meeting of the City Council noticed in accordance with the  1.City Council may approve the resolution, as presented. 2. City Council may deny the resolution.  Recommendation:  Staff recommends approval of the resolution, as presented.    Attachments Resolution  Exhibit - Water Easement Recording Documents and Legal Description  Exhibit - Easement Location Location Map    RESOLUTION NO.  AF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, ACCEPTING ONE (1) WATER EASEMENT, A 20 FOOT WIDE OR 2.261 ACRE FROM PME OAKMONT LANCASTER, LLC, GRANTOR, TO THE CITY OF LANCASTER FOR THE PLACEMENT, REPAIR, UPGRADE ORI REMOVAL OF A WATER LINE AND ALL NECESSARY OR DESIRABLE STRUCTURES, FACILITIES AND APPURTENANCES NECESSARY TOI PROVIDE A CONNECTION TO THE CITY WATER SYSTEM; ESTABLISHING CONDITIONS, PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS RESOLUTION FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS AS A DEED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, PME Oakmont Lancaster, LLC, ("Grantor") is the owner of certain real property located within the City of WHEREAS, the City of Lancaster ("City')requires an easement for the placement, repair, upgrade and removal ofa water line and all incidental improvements and for making connections therewith to the City's water system; and WHEREAS, the Grantor desires to dedicate to the City the Public water easement (Easement") as provided in WHEREAS, the City finds that such easement, as depicted on the attached Exhibit thereto is for a public purpose and hereby accepts the Easement from the Grantor under thet terms and conditions provided in the attached Exhibit: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. That the City of Lancaster hereby finds and determines that iti is in the best interest oft the public health, safety and welfare to accept the water and wastewater easement from PME Oakmont Lancaster, LLC, Grantor, whichi is SECTION 2. That the City Secretary is directed to file said easement for recording in the real property records of SECTION 3. That this Resolution shall take effect immediately from and after its adoption and execution. DULY PASSED and approved by the City Council of the City ofl Lancaster, Texas, on this the 23rd day of August,  Lancaster; and,  attached Exhibit and  described in attached Exhibit thereto and incorporated herein.  Dallas County, Texas, as a deed.  2021. ATTEST:  APPROVED:  Sorangel O. Arenas, City Secretary APPROVED ASTOFORM:  Clyde C. Hairston, Mayor  David' T. Ritter, City Attorney    Afterrecording. returnto: Eversheds Sutherland(USyLLP 999 Peachtree St., NE, Suite 2300 Atlanta, Georgia3 30309 Attn: Pedrol Dorado  NON-EXCLUSIVE WATER EASEMENT  STATE OF TEXAS COUNTY OF DALLAS is-made as of_  KNOW ALL MEN BY THESE PRESENTS  THIS NON-EXCLUSIVE WATER EASEMENT AGREEMENT (this "Agreement") a Delaware limited liability company, whose address is 3520 Piedmont Road, Suite 100, Atlanta, Georgia, 30305 ("Grantor"), and the CITY OFLANCASTER, TEXAS ("Grantee").  2021, between PME OAKMONTIANCASTEK. LLC,  WITNESSETH:  Grantor is the fee simple owner of that certain real property located in the William Howerton Survey, Abstract No. 559, Dallas County, Texas, being more particularly described by metes and bounds on Exhibit A-1 and as depicted on that certain plat sheet prepared by Jonathan E. Cooper, Land Surveyor, dated April 5, 2021, a copy of which is attached hereto as Exhibit A-2 to be recorded Grantee has requested Grantor to grant to Grantee a specific-use non-exclusive easement over and across the Easement Property and Grantor has agreed to grant such easement to Grantee. Now, therefore, for good and valuable consideration, the receipt and suficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows:  as part of this Agreement (the "Easement Property").  1. EASEMENT.  Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive easement in, over and across the Easement Property for the sole purpose of maintenance and operation of water lines and any appurtenances related thereto (collectively, the "Water Facilities"). The Easement granted herein shall include the right to access the Easement Property for the purposes of constructing, maintaining and operating the Water Facilities. Grantee shall promptly repair any damage to the Easement Property or any other property owned by Grantor adjacent to the Easement Property while exercising such access rights, provided Grantor gives written notice thereof to Grantee within ninety (90) days after such  damage occurs.  2. GRANTOR'S USE OFTHE EASEMENT PROPERTY.  Grantor hereby reserves the right to use and enjoy the Easement Property for any and all purposes Grantor desires, subject only to the limitation that such use and enjoyment will not damage or unreasonably interfère with Grantee's permitted uses as described herein. Grantee shall not, in exercising Grantee's rights under this Agreement, permit or cause any construction, mechanics, laborers', materialmen's or other similar liens to attach to Grantor's Property. Grantor shall deliver notice to Grantee of any liens against the Easement Property or Grantor's property arising out of the exercise by Grantee (or Grantee's contractors, representatives and/or authorized agents) of Grantee's rights hereunder. Upon receipt of such notice, Grantee shall have twenty (20) days to () remove the lien, or (i) cause the removal of the lien. It is expressly agreed that Grantee shall have no obligations whatsoever in connection with liens caused by Grantor or any of its affliates, contractors, representatives and/or authorized  3. GENERAL PROVISIONS.  46848964.3  1"="1"    agents, whether in its capacity as the owner of the Grantor Property ori in any other capacity. Grantee shall be responsible, at its sole cost and expense, for all work in connection with the maintenance, repair, and reconstruction of the Water Facilities to Grantee's standards, all of such work to be done in a good workmanlike manner, in accordance with all applicable laws, Any consent to or waiver of any provision hereof shall not be deemed or construed to be ac consent to or waiver of any other provision of this Agreement. Failure on the part of any party to complain of any act or failure to act of any other party, irrespective of the duration of such failure, shall not constitute a wavier or modification of rights hereunder. No waiver or modification hereunder shall be effective unless the same is in writing and signed by the party The invalidity of any one of the covenants, agreements, conditions or provisions of this Agreement, or any portion thereof, shall not affect the remaining portions thereof, or any part thereof, and this Agreement shall be modified to substitute in lieu of the invalid provision, a like and valid provision which reflects the agreement of the parties with respect to the covenant, This Agreement, together with all of the exhibits attached hereto (each of which is incorporated herein by refèrence), constitutes the entire agreement and understanding between Grantor and Grantee relating to the subject matter hereof and may not be amended, waived, or discharged except by instrument in writing executed by the party against which enforcement of All notices, requests, demands or other communications hereunder shall be in writing and shall be delivered by personal delivery, overnight mail or delivery service, or United States registered or certified mail, return receipt requested, postage prepaid, addressed to either Grantor or Grantee as applicable, using the address then currently showing in the real property This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without principles of conflicts of laws thereof. The courts of Texas, located in Dallas County, Texas, shall have exclusive jurisdiction to hear any claim between the parties in connection with the Agreement, and the parties submit to the jurisdiction and venue of such This Agreement may be executed in one or more counterparts, each of which shall be an Grantee covenants and agrees to maintain or cause to be maintained, at its sole cost and expense, the following minimum commercial general liability insurance coverage on an "occurrence basis": personal and bodily injury and damage to the Grantor Property of $1,000,000.00 per occurrence, with an annual aggregate limit of $2,000,000.00. Grantee shal name Grantor as an additional insured on such policies of insurance, and all such policies shall Grantee hereby indemnifies, holds harmless and agrees to defend Grantor from and against any and all claims, demands, costs (including, without limitation, attorneys' fèes and court costs), damages, and other liabilities for liens, personal injury, including death, or physical damage to property and any other losses arising from the exercise by Grantee or anyone claiming by, through or under Grantee of the rights granted Grantee under this Agreement or the failure of Grantee, or any of Grantee's contractors, agents and employees, to perform Grantee's obligations hereunder, except to the extent caused by the gross negligence or willful misconduct of Grantor, its agents, employees or contractors. Notwithstanding anything tothe contrary in this Agreement, this paragraph shall survive the expiration and termination of this Agreement and the termination from time to time of any easement granted hereunder. This Agreement shall be binding upon and inure to the benefit of Grantor and Grantee, and their respective heirs, successors and assigns This Agreement shall, where applicable, remain in force and effect and shall survive the completion of the work contemplated by the  codes, regulations and ordinances.  against whom iti is sought.  agreement, condition, or provision which has been deemed invalid.  such amendment, waiver, or discharge is sought.  tax records for Dallas County, Texas.  courts.  original, and all of which together shall constitute a single instrument.  contain a full waiver of subrogation clause.  46848964.3  1"="1"    Agreement. Al obligations of Grantee hereunder may be performed by any assignee or designee TO HAVE AND TO HOLD, the said easement unto Grantee, its successors and/or  of Grantee. assigns forever. GRANTEE: City ofLancaster, Texas  SIGNATURE PAGE FOLLOWS]  By: Title: Date:  Opal Mauldin-Jones City Manager  STATE OFTEXAS COUNTY OFDALLAS  8  This instrument was acknowledged before me on, 2021, by Opal Mauldin-Jones (personally known to me or proved to me through as identification), City Manager of the City of Lancaster, Texas, a municipality in the State of Texas, in the  capacity therein stated, for and on behalf ofs said municipality.  Given under my hand and seal ofoffice this  dayof  2019.  Notary Public, State ofTexas Printed/Typed Name My Commission Expires:  46848964.3  1"="1"""    IN WITNESS WHEREOF, Grantor has hereunto set his hand and affixed his seal, the  day and year first above written.  GRANTOR:  PME OAKMONT LANCASTER, LLC, a Delaware limited liability company  By: By: By: Name: Title:  Oakmont Pacolet National Partners , LLC, a Delaware limited liability company, its Sole Member OIG V, LLC, a Georgia limited liability company, its Managing Member  STATE OF COUNTY OF by.  The foregoing instrument was acknowledged before me this company, on behalf ofs said limited liability company.  day of  2021,  Authorized Signatory of OIGV,LLC, a Georgia limited liability company,  the Managing Member of Oakmont Pacolet National Partners, LLC, al Delaware limited liability company, the Sole Member of PME Oakmont Lancaster, LLC, al Delaware limited liability  Notary Public My Commission Expires:  46848964.3  1"="1"""    CONSENT AND SUBORDINATION OF LENDER  The undersigned, being the holder of that certain Construction Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated August 31, 2020, recorded on September 3, 2020 as Instrument # 202000240009, Dallas County, Texas records (the "Security Deed") does hereby consent to the grant and conveyance of those certain easements (the Easements") as contained in the foregoing Non-Exclusive Water Easement from PME Oakmont Lancaster, LLC, a Delaware limited liability company, to the City of Lancaster (the Easement") to be recorded in the aforesaid records, and the undersigned does hereby further agree that said Security Deed and all other documents evidencing or relating to the indebtedness described in and secured thereby shall be and are subordinate and subject in all respects to the Easement, and the Easement shall not be canceled or terminated by any foreclosure of the IN WITNESS WHEREOF, the undersigned has set its hand and seal on this  Security Deed or such other documents.  day of  2021.  LENDER: By: Name: Title:  BOKF, NA dba Bank ofTexas  STATE OF COUNTY OF by company.  The foregoing instrument was acknowledged before me this  day of  2021,  of] BOKF, NA dba Bank of Texas, on behalf of said  Notary Public My Commission Expires:  46848964.3  1"="1"""    EXHIBIT A-1 EASEMENT PROPERTY 20-FOOT WIDE WATER EASEMENT Partof WintergreenHS Partners, Ltd. Tract William Howerton Survey, Abstract No. 559 City ofLancaster, Dallas County, Texas  DESCRIPTION, ofa 25.414 acre (1,107,017 square foot) tract ofl land situated in the William Howerton Survey, Abstract No. 559, Dallas County, Texas; saidt tract being partoft that certain tract of land described ins Special Warranty Deed to Wintergreen/HS Partners, Ltd. recordedi in Instrument No. 201700051852of the OfficialF Public Records ofD Dallas County Texas; said: 25.4 414: acret tract! beingr more particularly described asf follows (Bearing system for this survey is based ont the Texas State plane Coordinate System, North American Datum of 1983 (2011), North Central Texas, Zone 4202. Distances shown! have been scaledt to COMMENCING, ata3/8-inchi ironi rodi foundf for comeri inth thes southl line ofthato certaint tract ofland described ins Special Warranty Deedt to Denton Town Center Partners, LPI recorded inl Instrument No. 201400139842 ofs said Official Public Records; said point! beingt the northwest comer ofLot1, Block A, Park: 20, an addition tot the City of Lancaster, Texas according to the plat recorded in Instrument No. 201600131565 of said Official Public Records and ther northeast comer ofs said Wintergreen/HS Partners, Ltd. tract; THENCE, South 88 degrees, 19 minutes, 05 seconds West, along the said south line of Denton Town Center Partners, LPt tract andanorth line of said Wintergreen/HS Partners, Ltd. tract, a distance of 103.86 THENCE, departing thes saids southl line of Denton Town Center Partners, LPt tract andt the said north line of said Wintergreen/HS Partners, Ltd. tracta and over and: across said Wintergreen/HS Partners, Ltd. tract, the South 00 degrees, 021 minutes, 55 seconds West, a distance of3 376.841 feet toa a pointf for comer; South 450 degrees, 001 minutes, 00 seconds West, a distance of1 17.27f feett to a point for comer; South 00 degrees, 03 minutes, 55 seconds West, a distance of2 245.57 feett toa a pointf for comer; South8 89 degrees, 561 minutes, 05 seconds East, a distance of3 38.20f feet toa ap point for comer; South 00 degrees, 03 minutes, 55 seconds West, a distance of2 20.0 .001 feet toa a pointf for comer, North 89 degrees, 561 minutes, 05 seconds West, a distance of3 38.2 201 feet toa ap point for comer; South 00 degrees, 03 minutes, 55 seconds West, a distance of 324. 681 feet toa aj pointf for comer; South8 890 degrees, 561 minutes, 05 seconds East, a distance of3 38.20f feet toa ap pointf for comer; South 00 degrees, 03 minutes, 55 seconds West, a distance of2 20.00f feett to a point for comer; North 89 degrees, 561 minutes, 05 seconds West, a distance of 38.20f feet toa ap pointf for comer; South 00 degrees, 031 minutes, 55 seconds West, a distance of316.001 feet toa aj point for comer; South 890 degrees, 561 minutes, 05 seconds East, ad distance of 38.20f feet to ap pointf for comer; South 00 degrees, 03 minutes, 55 seconds West, a distance of 20. .001 feett toa a pointf for comer; North 89 degrees, 561 minutes, 05 seconds West, a distance of38.2 201 feet toa ap pointf for comer;  surface using TxDOT Dallas County combined scalet factor of1 1.000136506):  feet tot thel POINT OF BEGINNING; followingf fifteen (15) calls:  46848964.3  1"="1"""    20-FOOT WIDE WATER EASEMENT  (Continued)  South 00 degrees, 03 minutes, 55 seconds West, a distance of 331.57f feet to ap point for corner; said point! beingii int ther north line oft thato certaint tractofla land describeda as' "Tract 1"in Warranty Deed to the City of Dallas, Texas recorded in Instrument No. 200900030950 ofs said Official Public THENCE, South 890 degrees, 08r minutes, 12s seconds West, alongt thes said north line of said" "Tract 1" and thes saids southl line ofs said Wintergreen/HS Partners, Ltd. tract, ad distance of20.00f feett toap point for comer; THENCE, innortherly direction, departing thes said northl line ofs said" "Tract 1"a andt thes saids southl line ofs said Wintergreen/HS Partners, Ltd. tract, overa and across said Wintergreen/HS Partners, Ltd. tract, thef following North 00 degrees, 03r minutes, 55s seconds East, ac distance of2 27. 891 feett toa a pointf for comer; North8 89 degrees, 56r minutes, 05 seconds West, ac distance of3 331.051 feett toa ap pointf for comer; South 00 degrees, 03r minutes, 55s seconds West, ad distance of2 23.50f feett toa ap point for comer; North 89 degrees, 56r minutes, 05s seconds West, ac distance of 10.00f feet toap pointf for comer; North 00 degrees, 03r minutes, 555 seconds East, a distance of23.50f feett to ap point for comer; North 890 degrees, 561 minutes, 05 seconds West, a distance of4 469.55f feet toa point for corner; North4 430 degrees, 26r minutes, 11 seconds West, a distance of 34.43f feet toa ap pointf for corner; North 00 degrees, 03 minutes, 55 seconds East, a distance of1 1,370.33f feett to ap point for comeri in the south right-of-way line of West Drive (a variable width right-of-way); said point being inas said THENCE, North 88 degrees, 19 minutes, 50 seconds East, alongt thes saids south line ofV West Drive and the saidr northerly line ofV Wintergreen/HS Partners, Ltd. tract, a distance of20.01f feett to ap point for corner; THENCE, departing the said south line of West Drive and the said northerly line of Wintergreen/HS Partners, Ltd. tract and over anda across said Wintergreen/HS Partners, Ltd. tract, thef following fifteen( (15) South 00 degrees, 03r minutes, 55s seconds West, ac distance of 114.91 feet toa ap point for comer, South 89 degrees, 561 minutes, 05s seconds East, ac distance of234.47f feet toa aj point for comer; North 00 degrees, 05r minutes, 53 seconds East, ac distance of4.00f feett toa ap point for comer, South 890 degrees, 56r minutes, 05s seconds East, a distance of 10.00f feet toa aj point for comer; South 000 degrees, 05r minutes, 52s seconds West, ac distance of 4.001 feet toap point for corner; South8 89 degrees, 56n minutes, 05s seconds East, ac distance of272.66f feet toa a point for corner; North 00 degrees, 03r minutes, 55s seconds East, a distance of4.00f feett toa aj point for comer, South 89 degrees, 561 minutes, 05s seconds East, a distance of1 10.00f feett toa aj point for comer;  Records andi int thes south line ofs said Wintergreen/HS Partners, Ltd. tract;  eight (8) calls:  northerly line ofV Wintergreen/HS Partners, Ltd. tract;  calls:  46848964.3  1"="1"""    20-FOOT WIDE WATEREASEMENT  (Continued)  South 00 degrees, 03 minutes, 55 seconds West, a distance of4 4.00f feett toa aj pointf for comer; South 89 degrees, 56r minutes, 05 seconds East, ac distance of214.37f feet to ap point for comer; North 00 degrees, 03 minutes, 55s seconds East, ac distance of4 4.00f feet toa aj point for comer; South 89 degrees, 561 minutes, 05 seconds East, ad distance of 10.001 feet toa ap point for comer; South 00 degrees, 03 minutes, 55 seconds West, ac distance of4.00f feet toa aj point for comer; South 89 degrees, 561 minutes, 05 seconds East, a distance of7 75.00f feet to ap point for comer; North 00 degrees, 02 minutes, 55 seconds East, a distance of 357.71 feet toa a point for comer; said point being ont thes saids south line ofD Denton Town Center Partners, LPt tract and a northl line THENCE, North 88 degrees, 19r minutes, 05s seconds East, alongt thes said southl linec ofDenton Town Center Partners, LPt tract and a north line ofs said Wintergreen/HS Partners, Ltd. tract, a distance of feett tot the CONTAINING, 1,107, ,017 square feeto or 25.414 acre ofl land, more ork less. SAVE ANDI EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND (Description: 2): DESCRIPTION, ofa a 23.153 (1,008,563 square foot) acre tract of land situated int the William Howerton Survey, Abstract No. 559, Dallas County, Texas; saidt tract being parto oft that certain tract of land described ins Special Warranty Deed toy Wintergreen/HS Partners, Ltd. recordedi inl Instrument No. 201700051852of the Official Public Records ofDallas County, Texas; said23.1 153a acret tractbeingr morep particularly described as follows (Bearing system for this survey is based ont the Texas State plane Coordinate System, North American! Datum of1 1983 (2011), North Central Texas, Zone 4202. Distances shown! have been scaled to COMMENCING, ata3/8-inchi ironr rodf foundf for comeri inthes south line ofthato certaint tract ofland described in Special Warranty Deedt to Denton Town Center Partners, LPI recordedi inl Instrument No. 201400139842 ofs said Official Public Records; saidp point! beingt ther northwest comer ofLot1 1, Block. A, Park: 20, ana addition to the City of Lancaster, Texas according to the plat recorded in Instrument No. 201600131565 of said Official Public Records and ther northeast comer ofs said Wintergreen/HS Partners, Ltd. tract; THENCE, South 88 degrees, 191 minutes, 05 seconds West, along the said south line of Denton Town Center Partners, LPtracta andt thenorth! line ofsaidv Wintergreen/HS Partners, Ltd. tract,adistance of 103.86 THENCE, departingt thes saids southl line of Denton Town Center Partners, LPI tract andt the said north line of saidy Wintergreen/HS Partners, Ltd. tracta ando over and across said Wintergreen/HS Partners, Ltd. tracto over and across said Wintergreen/HS Partners, Ltd. tract, thef following thirty eight (38) calls: South 00 degrees, 03 minutes, 55 seconds West, ac distance of3 376.841 feet toap pointf for comer; North 87 degrees, 26 minutes, 17 seconds West, a distance of 32.23 feet to the POINT OF South 00 degrees, 03 minutes, 55 seconds West, ac distance of1 1,241.001 feet toa aj point for comer; North8 89 degrees, 56r minutes, 05 seconds West, a distance of45.00f feett to ap pointf for comer; North 00 degrees, 021 minutes, 36 seconds West, a distance of3.00f feet toa ap point for comer;  ofs said Wintergreen/HS Partners, Ltd. tract;  POINT OF BEGINNING;  surface usingT TxDOT Dallas County combined scalet factor of1 1.000136506):  feett toap pointf for comer;  BEGINNING;  46848964.3  1"="1"""    20-FOOT WIDE WATERI EASEMENT  (Continued)  North8 89 degrees, 56r minutes, 05 seconds West, a distance of9.99f feet toap point ford comer, South 00 degrees, 03 minutes, 55 seconds West, a distance of3.00f feet to ap point for comer; North 89 degrees, 56r minutes, 05s seconds West, ac distance of7.80f feet toap point for comer; North 00 degrees, 03r minutes, 55s seconds East, a distance of4 40.00f feet to a point for comer; North 89 degrees, 56r minutes, 05s seconds West, a distance of2 20.001 feett toa aj pointf for comer; South 00 degrees, 03r minutes, 55 seconds West, a distance of4 40.0 00f feett toa ap point for comer, North8 89 degrees, 56r minutes, 05s seconds West, a distance of 542.34f feet toa aj point for comer; North 00 degrees, 02r minutes, 36s seconds West, a distance of3.00f feet toa aj point for comer; North8 89 degrees, 56r minutes, 05s seconds West, a distance of9.99f feet toap point for comer; South 00 degrees, 06r minutes, 32 seconds West, a distance of 3.001 feet toa aj point for comer; North8 89 degrees, 56r minutes, 05 seconds West, a distance of1 166.86f feett toa aj point for comer; North4 43 degrees, 26r minutes, 11 seconds West, a distance of1 17.861 feett toa aj point for comer; North 00 degrees, 03r minutes, 55s seconds East, a distance of2 233.1 18f feet toa aj point for comer; South 890 degrees, 56r minutes, 05 seconds East, ad distance of6.00f feet to aj pointf for comer; Northo 00 degrees, 03r minutes, 55 seconds East, a distance of1 10.00f feett toa ap point for comer; North8 89 degrees, 56r minutes, 05s seconds West, a distance of6.00f feet toap point for comer, North 00 degrees, 03r minutes, 55s seconds East, a distance of2 290. .001 feet toap point for comer; South 89 degrees, 561 minutes, 05 seconds East, ac distance of6.32f feet to ap point for comer; North 00 degrees, 03r minutes, 55s seconds East, a distance of1 10.001 feett toa ap point for comer; North8 89 degrees, 56r minutes, 05s seconds West, ac distance of6.32f feet toap point for comer; North 00 degrees, 03r minutes, 55 seconds East, a distance of2 290. 001 feet toa ap point for comer, South 89 degrees, 561 minutes, 05 seconds East, ad distance of6.64f feet toap point for comer,; North 00 degrees, 03r minutes, 55 seconds East, a distance of1 10.001 feet to a point for comer; North8 89 degrees, 56r minutes, 05s seconds West, a distance of6.64f feet toa ap point for comer; North 00 degrees, 03r minutes, 55 seconds East, a distance of3 330.8 801 feet toa ap point for comer; South 890 degrees, 56r minutes, 05 seconds East, ac distance of2 20.001 feet toa aj point for comer; Northo 00 degrees, 03r minutes, 55s seconds East, a distance of2 20.00f feett toa a point for comer; North 89 degrees, 56r minutes, 05s seconds West, a distance of20.00f feett toa aj pointf for comer;  46848964.3  1"="1"""    20-FOOT WIDE WATERI EASEMENT  (Continued)  North 00 degrees, 03r minutes, 55s seconds East, ac distance of34.06f feett toap point for comer; South 890 degrees, 56n minutes, 05s seconds East, a distance of4 480.491 feet toap pointf for comer, South 000 degrees, 03r minutes, 55 seconds West, ac distance of22.69f feett toa aj pointf for comer; South 890 degrees, 56n minutes, 05 seconds East, a distance of2 20.00f feett toa apoint for comer; North 00 degrees, 03r minutes, 55s seconds East, a distance of22.69f feett toa aj point for comer; South 89 degrees, 56 minutes, 05 seconds East, a distance of 313.81 feet to the POINT OF  BEGINNING;  CONTAINING, 1,008,563 squaref feet or 23.153a acre ofl land, more ork less. RESULTING, inat totalr neta area of1 198,545 squaref feet or2 2.26: acres ofl land, more orl less (AS survey, plato ofe even survey date herewith accompanies this description.) accurately sets outt ther metes and bounds oft the easement tract described.  The undersigned, Registered Professional Land Surveyor, hereby certifies that thet foregoing description  04-05-2021 Date  E. COOPER 5369  Registered Profeesional Land Surveyor No. 5369 Pacheco Koch 7557 Rambler Road, Suite 1400, Dallas, TX75231 (972)235-3031 TXF Reg. Surveying Firml LS-10008000 3011-18:085EX6doc 3011-18.0 085EXB.d dwg. JMC  gef  Consulting Engineers, Inc.  46848964.3  1"="1"""    EXHIBIT A-2 Easement Property Plat  DENTON TOWN (INST. NO. 201400139842) $85190'W6325 APPROXIMATE LOCATION OF 20-WDE SANITARY SEWER EASEMENT (VOL 674) WINTERGREEN/HS PARTNERS, LTD. (INST. NO. 201700051852) 20-FOOT WDEL WATER EASEMENT 2.261 ACRES (98,454 SF)!  APPROXIMATE LOCATION OF (VOL 86247, PG. 1695) POINT OF BEGINNING 88'19'05" 103.86'  CENTER PARTNERS, LP 20 WIDE SANITARY SEWER EASEMENT  POINT OF COMMENCING 3/8-INCH (OESCRPTO182) IRON ROOF FOUND (C.M.) 20' SEWER EASEMENT (VOL 83220, PG. 5044) LOT_2, BLOCK A PARK 20 (INST. NO. 201600131565)  L28 L62 P.O.B. (DESCRIP 2) WINTERGREEN/HS PARTNERS, LTD. (INST. NO. 201700051852) SAVE & EXCEPT 23.153 ACRES (1,008,563 SF) $0003'55" wL 1241.00' MATCH LINE (SEE PAGE 7)  L32 $87-2617"1 W 32.23' L1  100 GRAPHIC SCALE IN FEET LEGEND PROPERTY UNE EASDMENTLNE POINT FOR EASEMENTL UNE o (UNLESS OTHERWISE NOTED) (C.M.) CONTROLLING MONUMENT P.O.B.- POINT OF BEGINNING SEE PAGE 12 OF 12 FOR THE LINE TABLE  200  NOTES: ofsurvey.  1.A metes and bounds description of even survey date herewith accompanles this plat 2. Bearing system for this survey is based on the State Plane Coordinate System, North American Datum of 1983(2011), Texas North Central Zone 4202. Distances reported have been scaled by applying a surface combination foctor of 1.000136506. 20-FOOT WIDE WATER EASEMENT PART OF WINTERGREEN/HS PARTNERS, PAGE 60F12  The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the eosement tract described. Registered Préfessional Land Surveyor No. 5369 R Pacheco DRAWNBY CHECKED BY SCALE  7557 RAMBLER ROAD, SUITE 1400 Koch DALLAS. TX7 75231 972.235.3031 TX REG. ENGINEERING FIRMF F-469 DATE  TXR REG. SURVEYING FRML LS-10008000 WILUAM HOWERTON SURVEY, ABSTRACT LTD. TRACT NO. 559,  JOB MLMBER CITY OF LANCASTER, DALLAS COUNTY, TEXAS  JMC MWW/JEC 1"=100' APRIL 2021 3011-18.065  46848964.3  1"="1"""    MATCH LINE (SEE PAGE 6)  1/2-INCH RON ROD 1/2-INCH IRON RCO W/HALFF" CAP  100 GRAPHIC SCALE IN FEET LEGEND ROPERTYUNE EASEMENTUNE EE EASEVENTUNE o (UNLESS PONTFOR NOTED) (C.M.) CONTROLUNG MONUMENT P.O.B. -POINTO CF BEGNNING  200  841.11 CH REALTY MVI/I DALLAS HOUSTON SCHOOL RD, L.P. (INST. NO. 201700102740) 20' (VOL SANTARY 83220, PG. SEWERE 5044) EASEMENT  L5  WINTERGREEN/HS PARTNERS, LTD. (INST. NO. 201700051852) SAVE & EXCEPT 23.153 ACRES (1,008,563 SF) 20-FOOT WIDEL WATER EASEMENT 2.261 ACRES (98,454 SF)!  L6 s L8  WNTERGREEN/HS PARTNERS, LTD. (INST. NO. 201700051852)  CH REALT  MATCH LINE (SEE PAGE 8)  NOTES:  1.A metes and bounds description of even survey date herewith 2.Bearing system for this survey is based on the State Plane Coordinate System, North American Datum of 1983(2011), Texas North Central Zone 4202. Distances reported have been scaled by applying a surface combination factor of 1.000136506. Pacheco Koch DALLAS, TX 75231 972.235.3031 JMC MWW/JEC 1"=100' APRIL 2021 3011-18.065  accompanies this plat of survey.  SEE PAGE 12 OF 12 FOR THE LINE TABLE 20-FOOT WIDE WATER EASEMENT PART OF WINTERGREEN/HS PARTNERS, PAGE 70F12  7557 RAMBLER ROAD, SUITE 1400 TXF REG. ENGINEERING FIRM F-469 DATE  TX REG. SURVEYING FRV LS-10008000 WILUAM HOWERTON SURVEY, ABSTRACT LTD. TRACT NO. 559,  CHECKED BY  JOB NUMBER CITY OF LANCASTER, DALLAS COUNTY, TEXAS  46848964.3  1"="1"""    LEGEND PROFENTYLNE UNE EASEMENTLINE o POINT FOR_CO (UNLESS OTHER NOTED) (C.M.) CONTROLLNG P.O.B. POINT  50 100 GRAPHIC SCALE IN FEET  200  MATCH UINE (SEE PAGE 7)  MNTERGREEN/HS PARTNERS, LTD. (INST. NO. 201700051852) SAVE & EXCEPT 23.153 ACRES (1,008,563 SF) AL39 NCAE 34 L33  15.00'  MI/I CH REALTY DALLAS HOUSTON SCHOOL RD, LP. (INST. NO. 201700102740)  L10 L11 L12  20' SANTARY SEWER EASEMENT (VOL. 83220, 5044)  - -  WINTERGREEN/HS PARTNERS, LTD. (INST. NO. 201700051852)  8956'05" w9l 542.34' L15 59.5 EXHIBIT "A". TRACT1 CITY OF DALLAS (INST. NO. 200900030950)  s 20-FOOT WIDE WATER EASEMENT 2.261 ACRES (98,454SF)  1/2-INCH W/NDM" IRON ROD FOUND 272.85 EXHIBIT "A, TRACT3 CITY OF DALLAS (INST. NO. 200900030950)  L14HK  NOTES:  1.A metes and bounds description of even survey date herewith .E Bearing system for this survey is based on the State Plane Coordinate System, North American Datum of 1983(2011), Texas North Central Zone 4202. Distances reported have been scaled by applying a surface combination factor of 1.000136506.  accompanies this plat of survey. Pacheco CHECKED  SEE PAGE 12 OF12 FOR THE LINE TABLE 20-FOOT WIDE WATER EASEMENT PART OF WINTERGREEN/HS PARTNERS, PAGE 80F12  7557 RAMBLER ROAD, SUITE 1400 Koch DALLAS, TX 75231 972.235.3031 TXR REG. ENGINEERING FIRMF F-469 DATE  TXR REG. SURVEMING FRV LS-10008000 WILUAM HOWERTON SURVEY, ABSTRACT LTD. TRACT NO. 559,  SCALE  JOB MUMBER CITY OF LANCASTER, DALLAS COUNTY, TEXAS  JMC MWW/JEC 1"=100' APRIL 2021 3011-18.065  46848964.3  1"="1"""    LEGEND : EMSTNG EVEN UNE EASEME o POINT (UNLESS NOTED) (C.M.) CONTROLLING MONUMENT P.O.B. POINT  100  200  GRAPHIC SCALE IN FEET  MATCH LINE (SEE PAGE 10)  JN 00'03'55" E 1290.00' /L48 HL4 NL46  WINTERGREEN/HS PARTNERS, LTD. (INST. NO. 201700051852) SAVE & EXCEPT 23.153 ACRES (1,008,563_SF) 20-FOOT WIDE WATER EASEMENT 2.261 ACRES (98,454 SF) N 89'56'05" W 542.34'  AL45 L44 KOCH" CAP EXHIBIT"A: TRACT2 CITY OF DALLAS (INST. NO. 200900030950)  N 89'56'05" W 469.55'  L15 L18HHL16 17  EXHIBIT "A". TRACT1 CITY OF DALLAS (INST. NO. 200900030950)  NOTES:  1.A metes and bounds description of even survey date herewith 2.Bearing system for this survey is based on the State Plane Coordinate System, North American Datum of 1983(2011), Texas North Central Zone 4202. Distances reported have been scaled by applying a surface combination factor of 1.000136506. Pacheco Koch DALLAS, TX 75231 972.235.3031 JMC MWW/JEC 1"=100' APRIL 2021 3011-18.065  accompanies this plat of survey.  SEE PAGE 12 OF 12 FOR THE LINE TABLE 20-FOOT WIDE WATER EASEMENT PART OF WINTERGREEN/HS PARTNERS, LTD. TRACT WILUAM HOWERTON SURVEY, ABSTRACT NO. 559, PAGE 9 OF 12  7557 RAMBLER ROAD, SUITE 1400 TXF TX REG. REG. ENGINEERING SURVEYING FRM FIRM LS-10008000 F-469 DATE  CHECKED  JOB MUMBER CITY OF LANCASTER, DALLAS COUNTY, TEXAS  46848964.3  1"="1"""    MATCH UNE (SEE PAGE 11)  100 GRAPHIC SCALE IN FEET LEGEND EMSTNG EASEMENTLINE EASEMENTUNE o (UNLESS OTHERMISE (C.M.) CONTROLING MONUMENT P.0.B. POINT  200  3 ia  /L54 HL53 LL52  VINTERGREEN/HS PARTNERS, LTD. (INST. NO. 201700051852) SAVEEXCEPT 23.153_ACRES (1,008,563 SF)  SOUTHWEST SERVICE CENTER ADDITION (VOL. 2000249, PG. 7) EXHIBIT "A" TRACT 2 CITYOF DALLAS (INST. NO. 200900030950)  20-FOOT WIDE WATER EASEMENT 2.261 ACRES (98,454 SF) AL51 HL50 L49  MATCH UNE (SEE PAGE 9)  NOTES:  1.A metes and bounds description of even survey date herewith 2. Bearing system for this survey is based on the State Plane Coordinate System, North American Datum of 1983(2011), Texas North Central Zone 4202. Distances reported have been scaled by applying a surface combination factor of 1.000136506. Pacheco Koch DALLAS. TX 75231 972.235.3031 JMC MWW/JEC 1"=100' APRIL 2021 3011-18.065  accompanies this plat of survey.  SEE PAGE 12 OF 12 FOR THE LINE TABLE 20-FOOT WIDE WATER EASEMENT PART OF WINTERGREEN/HS PARTNERS, LTD. TRACT WILUAM HOWERTON SURVEY, ABSTRACT NO. 559, PAGE100F12  7557 RAMBLER ROAD, SUITE 1400 TX TX REG. REG. ENGINEERING SURVEYING FIRM FIRM LS-10008000 F-469 DATE  DRA  SCALE  JOEN NUMBER CITY OF LANCASTER, DALLAS COUNTY, TEXAS  46848964.3  1"="1"""    LEGEND PROPERTY ASEMENTUNE EASEVENT_UNE o PONTFOR UNLESS NOTED) (C.M.) CONTRCLUNG MONUMENT P.O.B.-F POINT LOT2, BLOCK A FFE ADDITION (VOL. 92135, PG. 2700)  50 100 GRAPHIC SCALE IN FEET 1/2-INCH IRON ROD W/HALFF CAP FOUND (INST. NO. (CM) DRANACEEASEMENT- (VCL. 2000038, PG. 134)  DENTON TOWN CENTER PARTNERS, 201400139842) LP  S 88'19'05"W 625.26'  NAGE EASEMENT WNTERGREEN/ /HS PARTNERS, LTD. (INST. NO. 201700051852), WEST DRIVE (VARIABLE WDTH RIGHT-OF-WAY) L20 EXHIBIT "A". TRACT2 CITY OF DALLAS (INST. NO. 200900030950) S 89'56'05" E 234.47'  CAP  DRANADEEAEMENT (VOL. 2004073,  INCH IRON RODT HECO OCH"  123133 4L24  $89'56'05" E 272.66' 20-FOOT WIDE L60 WATER EASEMENT 2.261 ACRES (98,454 SF) WINTERGREEN/ /HS PARTNERS, LTD. (INST. NO. 201700051852) SAVE & EXCEPT 23.153 ACRES (1,008,563_SF)  L28  S89'56'05"E 480.49'  L59H L61 L62  L57  NOTES:  MATCH UINE (SEE PAGE 10)  1.A metes and bounds description of even survey date herewith 2.Bearing system for this survey is based on the State Plane Coordinate System, North American Datum of 1983(2011), Texas North Central Zone 4202. Distances reported have been scaledby applying a surface combination factor of 1.000136506. Pacheco Koch DALLAS, TX 75231 972.235.3031  accompanies this plat of survey.  SEE PAGE 12 0F12 FOR THE LINE TABLE 20-FOOT WIDE WATER EASEMENT PART OF WINTERGREEN/HS PARTNERS, LTD. TRACT SHEET 110F12  7557F RAMBLER ROAD, SUITE 1400 REG. ENGINEERING FRMF F-469 DATE  R REG. SURVEYING FIRV LS-10008000 WILUJAM HOWERTON SURVEY, ABSTRACT NO. 559,  SCALE  JOB MUMBER CITY OF LANCASTER, DALLAS COUNTY, TEXAS  MWW/JEC 1"=100' APRIL 2021 3011-18.065  46848964.3  1"="1"""    LIME TABLE 17.27 38.20  LINE BEARING LENGTH LINE BEARING LENGTH  L1 S 45'00'00" W L2 S 00'03'55" W 245.57' L3 S 89'56'05" E 38.20' L4 S 00'03'55" W 20.00' L5 N8 89'56'05" W L6 $89'56'05" E 38.20' L7 $000355" w 20.00 L8 N 89'56'05" w 38.20' L9 S 00'03'55" W 316.00' L10 S 89'56'05" E 38.20' L11 S 00'03'55" W 20.00' L12 N 89'56'05" W L13 $8908'12" w 20.00 L14 N 00'03'55" E 27.89' L15 N 89'56'05" w 331.05' L16 S 00'03'55" W 23.50' L17 N 89'56'05" W 10.00' L18 N 00'03'55" E L19 N_4326'11 w L20 N 8819'50" E 20.01" L21 S 00'03'55" W 114.91 L22 N 00'05'53" E L23 S 89'56'05" E 10.00' L24 S 00'05'52" W L25 N 00'03'55" E L26 S 89'56'05" E 10.00' L27 S 00'03'55" W L29 N 00'03'55" E L30 $89'56'05" E 10.00' L31 $_0003'55" w 4.00' L32 $8956'05" E 75.00'  L33 N 8819'05" E 20.01" L34 N 0002'36" W L35 N8 89'56'05" W L36 S 00'03'55" W L37 N 89'56'05" W L38 N 00'03'55" E L39 N8 89'56'05" W 20.00' L40 S 00'03'55" w 40.00' L41 N 00'02'36" w L42 N 89'56'05" w L43 $0006'32" w L44 N8 89'56'05" w 166.86' L45 N 43'26'11" W 17.86' L46 S 89'56'05" E L47 NO 00'03'55" E L48 N 89'56'05" W L49 S8 89'56'05" E L50 NO 00'03'55" E 10.00' L51 N8 89'56'05" w L52 S 89'56'05" E L53 N 00'03'55" E L54 N 89'56'05" w 6.64 L55 S 89'56'05" E L56 NO 00'03'55" E L57 N 89'56'05" w 20.00' L58 N 00'03'55" E L59 s 0003'55" w 22.69' L60 S 89'56'05" E 20.00' L61 N 0003'55"E 22.69' L62 S8 89'56'05" E 313.81"  3.00' 9.99' 3.00' 7.80' 40.00' 3.00' 9.99' 3.00' 6.00' 10.00' 6.00' 6.32' 6.32' 6.64 10.00' 20.00 20.00 34.06'  38.20'  23.50 34.43 4.00' 4.00' 4.00' 4.00' 4.00'  20-FOOT WIDE WATER EASEMENT PART OF WINTERGREEN/HS PARTNERS, SHEET 120F12  7557 RAMBLER ROAD, SUITE 1400 TKR REG. ENGINEERING FIRM F-469 DATE APRIL 2021 3011-18.065  Pacheco Koch DALLAS. TX 75231 972.235.3031  TX REG. SURVEMNG FRVL LS-10008000 WILUAM HOWERTON SURVEY, ABSTRACT LTD. TRACT NO. 559,  JOB MUMBER CIY OF LANCASTER, DALLAS COUNTY, TEXAS  MWW/JEC NONE  46848964.3  1"="1"""    ORIVE  ABOVE DETENTION POND  WESTDRIVE  WATER EASEMENT   COORDINATEI CONTACT: CHARTER 711-9112 CONST CTON - L  PRO BLOCK A ACRES ZONED:  Pacheco Koch OVERALL UTILITY PLAN OAKMONT 20/35 WAREHOUSE 2900 WEST DRIVE LOT1, BLOCK A- 41.653 ACRES CIYOFLANCASTER, DALLAS COUNTY, TEXAS SIGN DRAWN DATE SCALE NOTES FILE MJD JS 2826 1-80  C4.0 DWG    WESTDR  Firel Hydrants StreetsNonCity Storm Sewer Lines Sewer Lines Water Lines Parcels FEMA 100yr Floodplain  100 200 400  date: 4/10/2018    CITY OF LANCASTER CITY COUNCIL  City Council Regular Meeting Meeting Date:  10.  08/23/2021  Policy Statement: This request supports the City Council 2020-2021 Policy Agenda  Goal(s):  Effective Municipal Operations Healthy, Safe & Engaged Community  Submitted by: Sorangel O. Arenas, City Secretary  Agenda Caption: Background:  Discuss and consider appointments to the Animal Shelter Advisory Board.  On March 22, 2021, the City Council considered its annual appointments to the various Boards and Commissions. During the time the appointments were made the City of Hutchins did not have names to submit for consideration; however, recently the City of Hutchins submitted an application for Freddie  Chism.  Operational Considerations: Animal Shelter Advisory Board  Please note that there are state requirements for appointment to the Animal Shelter Advisory Board. Under Section 823.005 of the Texas Health and Safety Code, a municipality in which an animal shelter is located is required to appoint an advisory committee to assist in complying with state requirements.  Under the state code, the advisory committee must be composed of at least:  one (1)! licensed veterinarian one (1) municipal officer  one (1) person whose duties include the daily operation of animal shelter one (1) representative from an animal welfare organization  Member Dr. Caroline Brown Todd McGehee Fabrice Kabona Stacey Jaglowski Carol DeLaRosa-Green Vacant *state requirement  Role/Capacity Veterinarian* Involved in operations of shelter* Municipal officer* Regular position Animal welfare* alternate  Term Expires 2022 2022 2021 2021 2021 2021    The City of Lancaster entered into an agreement with the City of Hutchins to provide shelter services. City Council approved resolution 2017-03-12, which stipulates in Exhibit "A" that' "The Shelter Advisory Board shall consist of six active members, including the veterinarian board member as required by state law. The Board shall be composed of three members from each City/Party." The City of Hutchins submitted Freddie Chisim for consideration. After annual appointments, only the alternate position  remains vacant. Options/Alemnatiyes:  1.C City Council may appoint Mr.Chisim. 2. City Council may delay making an appointment.  3. City Council may leave any regular position, or alternate position, unfilled at this time.  Recommendation: Attachments Application  Boards and Commissions appointments are solely at Council's pleasure.    Board Application Form Select the Board, Commission, or Committee applying for Personal Information First Name Last Name Address City State Zip  Animal Shelter Advisory Committee  Freddie Chism 127 Crestridge Dr Hutchins Texas 75141  Length of Residency Home Phone Number Email Address Occupation  127 Crestridge Dr 40 years 12145647109 chsm201t6@yanoo.com  Transportation Supervisor Dallas School.  Organization Membership Information Have you ever served as a No member of any! Lancaster Boards, Commissions, or Committees? Ify yes, which Please list any particular qualifications you feel would be beneficial to serving on any particular board or commission. Information Below  Field not completed. years  Ihave served on the Hutchins Texas City council for over 15  Please Enter Basic Resume lattended Dallas public school, Has al Diploma in Educational  Ministries from D, Edwin Johnson Seminary. ihave been employed with the DISD for 25 years. Was a member oft the IALLOW public access to my personal information  Hutchins City council  Disclosure of Personal Information  To be an effective member of a Board or Commission, you must be willing to attend  and participate in all scheduled meetings.  Email not displaying correctly? View iti in your browser.    CITY OF LANCASTER CITY COUNCIL  City Council Regular Meeting Meeting Date:  11.  08/23/2021  Policy Statement: This request supports the City Council 2021-2022 Policy Agenda  Goal(s):  Financially Sound Government  Submitted by: Fabrice Kabona, Deputy City Manager  Agenda Caption:  Discuss and consider the proposed FY 2021/2022 tax rate of $0.769287 per $100 assessed valuation, receive related tax calculation documents, take record vote to consider a tax rate toi increase total tax revenues from properties on the tax roll in the previous year, and set public hearing dates on the  proposed tax rate. Background:  Pursuant to Truth-in-Taxation requirements, and following receipt of tax calculations from Dallas County Tax office, the governing body must take a record vote approving the proposed tax rate. The governing body must also set and announce the date, time, and location of any required public hearings to consider On Friday, July 23, 2021, the Dallas Central Appraisal District (DCAD) released the Certified Values of properties within the City of Lancaster. This data was utilized to calculate the no-new-revenue tax rate The City of Lancaster experienced an increase of 18.71% in taxable property values over the previous  the tax rate.  (effective rate) and voter-approva (roll-back) tax rate for the 2021/2022 fiscal year.  fiscal year values.  City of Lancaster Tax Rate Comparison (per $100 assessed valuation)  Tax Rate Comparison Certified Values Voter-Approval Tax Rate No-New-Revenue Tax Rate Proposed Tax Rate budget. Fund General Fund  FY: 2010/2021 $3,009,367,773 $0.822966 $0.788948 $0.819736  FY2 2021/2022 $3,572,339,009 $0.769287 $0.764311 $0.769287  The City Manager's proposed budget will raise more total revenue from property taxes than last year's  FY2 2021 Budget FY2 2022 Proposed Budget  $30,844,725  $34,559,160 $6,535,395 $893,084 $18,793,019  G.O. Debt Service $7,001,061 Street Maintenance $808,835 WaterWastewater: $17,886,297    Airport Hotel/Motel LEDC/4A LRDC/4B Golf Course Sanitation E911 Stormwater Total  $507,000 $144,661 $1,139,078 $2,839,583 $629,741 $2,589,310 $257,400 $1,595,682 $66,243,373  $444,500 $154,658 $1,322,363 $3,160,075 $896,972 $2,666,105 $260,596 $1,640,237 $71,326,164  Recommendation:  Staff recommends that City Council take a record vote on the proposal to consider a tax rate that will result in an increase int total revenues from properties on the tax roll in the previous year. City Council will also announce the date, time and location of the public hearing regarding the proposed tax rate. The public hearings are scheduled for Monday, September 13, 2021 and Monday, September 20, 2021 at 7:00 p.m. at the Lancaster Municipal Center, 211 North Henry Street, Lancaster, Texas 75146.  Attachments Tax Calculation Worksheet    2021 Tax Rate Calculation Worksheet  Date: 07/30/2021 02:56P PM  Taxing Units Other Than School Districts or Water Districts  CityofLancaster Taxing Unit Name  972.218.1300  Phone (area code andr number) www.lancaster-ix.om Taxing Unit's Website Address  211N. Henry St., Lancaster, TX 75146 Taxing Unit's Address, City, State, ZIP Code  GENERAL INFORMATION: Tax Code Section 26.04(c) requires an officer or employee designated by the governing body to calculate the No-New-Revenue (NNR) tax rate and Voter-Approval tax rate for the taxing unit. These tax rates are expressed in dollars per $100 of taxable value calculated. The calculation process starts after the chief appraiser delivers to the taxing unit the certified appraisal roll and the estimated values of properties under protest. The designated officer or employee shall certify that the officer or employee has accurately calculated the tax rates and used values shown for the certified appraisal roll or certified estimate. The officer or employee: submits thet rates to the governing School districts do not use this form, buti instead use Comptroller Form 50-859 Taxi Rate Calculation Worksheet, School Districts without Chapter. 313 Agreements or Comptroller Form 50-884 Tax Rate Calculation Worksheet, School District with Chapter 313 Agreements. Water districts as defined under Water Code Section 49.001(1) do not use this form, buti instead use Comptroller Form 50-858 Water District Voter-Approval Tax Rate Worksheet for Low Tax Rate and. Developing Districts or Comptroller Form 50-860. Developed Water District Voter- The Comptroller's office provides this worksheet to assist taxing units in determining tax rates. The information provided in this worksheet is offered as technical assistance and not legal advice. Taxing units should consult legal counsel fori interpretations of law regarding tax rate The NNR tax rate enables the public to evaluate the relationship between taxes for the prior year and for the current year based on a tax rate that would produce the same amount of taxes (no new taxes) if applied to the same properties that are taxed in both years. When appraisal  body by Aug. 7 or as soon thereafter as practicable.  Approval Tax Rate Worksheet. preparation and adoption.  SECTION 1: No-New-Revenue Tax Rate values increase, thel NNRI tax rate: should decrease.  The NNR tax rate for a county is the sum of the NNR tax rates calculated for each type of tax the county levies.  While uncommon, iti is possible for at taxing unit to provide an exemption for only maintenance and operations taxes. In this case, the taxing unit will need to calculate the NNR tax rate: separately for the maintenance and operations tax and the debt tax, then add the two  components together.  No-New-Revenue Tax Rate Worksheet  Amount/Rate  1. 2020 total taxable value. Enter the amount of 2020 taxable value on the 2020 tax roll today. Include any adjustments since last year's certification; exclude Tax Code Section 25.25(d) one-fourth and one-third over-appraisal corrections from these adjustments. Exclude any property value subject to an appeal under Chapter 42 as of July 25 (will add undisputed value in Line 6). This total includes the taxable value of homesteads with tax ceilings (will deduct in Line 2) and the captured value for tax increment financing (adjustment is made by deducting TIF taxes, as reflected in Line 17).1 2. 2020 tax ceilings. Counties, cities and junior college districts. Enter 2020 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing units adopted the tax ceiling provision in 2020 or a prior year for homeowners age 65 or older or disabled, use this step.2 3. Preliminary 2020 adjusted taxable value. Subtract Line 2 from Line 1.  $3,188,790,732  $0  $3,188,790,732 $0.819736/5100;  4. 2020 total adopted tax rate. appraised value. A. Original 2020 ARB values:  5. 2020 taxable value lost because court appeals of ARB decisions reduced 2020  $72,741,370 SAE3I    B. 2020 values resulting from final court decisions: C. 2020 value loss. Subtract B from A.3 A. 2020 ARB certified value: B. 2020 disputed value:  $70,205,020 $2,536,350 $223,460,240) $101,384,339 $122,075,901 $124,612,251 $3,313,402,983  6. 2020 taxable value subject to an appeal under Chapter 42, as of. July 25.  C. 2020 undisputed value. Subtract B from A.4  7.2020 Chapter 42 related adjusted values Add Line! 5C and Line 6C. 8. 2020 taxable value, adjusted for actual and potential court-ordered adjustments. 9. 2020 taxable value of property in territory the taxing unit deannexed after Jan. 1, 10. 2020 taxable value lost because property first qualified for an exemption in 2021. If the taxing unit increased an original exemption, use the difference between the original exempted amount and the increased exempted amount. Do not include value lost due to freeport, goods-in-transit, temporary disaster exemptions. Note that lowering the amount or percentage of an existing exemption in 2021 does not create a new exemption or reduce  Add Line 3 and Line 7.  2020. Enter the 2020 value of property in deannexed territory.5  $0  taxable value.  A. Absolute exemptions. Use 2020 market value:  $190,793 $2,452,000 $2,642,793  B. Partial exemptions. 2021 exemption amount or 2021 percentage exemption times 2020  value:  C. Value loss. Add A and B.5  11. 2020 taxable value lost because property first qualified for agricultural appraisal (1-d or 1-d-1), timber appraisal, recreationaliscenic appraisal or public access airport special appraisal in 2021. Use only properties that qualified in 2021 for the first time; do  not use properties that qualified in 2020. A. 2020 market value:  $100,000 $800 $99,200 $2,741,993  B. 2021 productivity or special appraised value: C. Value loss. Subtract B from A.7  12. Total adjustments for lost value. Add lines 9, 10C and 11C.  13. 2020 captured value of property in a' TIF. Enter the total value of 2020 captured appraised value of property taxable by a taxing unit in a tax increment financing zone for which 2020 taxes were deposited into the tax increment fund.8 If the taxing unit has no  $0  captured appraised value in line 18D, enter 0.  14. 2020 total value. Subtract Line 12 and Line 13 from Line 8. 15.Adjusted 2020 total levy. Multiply Line 41 by Line 14 and divide by $100. 16. Taxes refunded for years preceding tax year 2020. Enter the amount of taxes refunded  $3,310,660,990 $27,138,679 $378,388    by the taxing unit for tax years preceding tax year 2020. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for tax year 2020. This line applies only to tax years 17.Adjusted 2020 levy with refunds and TIF adjustment. Add Lines 15 and 16. 10 18. Total 2021 taxable value on the 2021 certified appraisal roll today. This value includes only certified values or certified estimate of values and includes the total taxable value of homesteads with tax ceilings (will deduct in Line 20). These homesteads include  preceding tax year 2020.8  $27,517,067  homeowners age 65 or older or disabled.11  A. Certified values:  $3,572,339,009  B. Counties: Include railroad rolling stock values certified by the Comptroller's office: C. Pollution control and energy storage system exemption: Deduct the value of property exempted for the current tax year for the first time as pollution control or energy storage D. Tax increment financing: Deduct the 2021 captured appraised value of property taxable by a taxing unit in a taxi increment financing zone for which the 2021 taxes will be deposited into the taxi increment fund. Do not include any new property value that will be included in  $0 $0  system property:  $7,323,588  Line 23 below.12  $3,565,015,421  E.Total 2021 value. Add A and B, then subtract Cand D.  19. Total value of properties under protest or not included on certified appraisal roll.13 A. 2021 taxable value of properties under protest. The chief appraiser certifies a list of properties still under. ARB protest. The list shows the appraisal district's value and the taxpayer's claimed value, if any, or an estimate of the value if the taxpayer wins. For each of the properties under protest, use the lowest of these values. Enter the total value under B. 2021 value of properties not under protest or included on certified appraisal roll. The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about, but are not included in the appraisal roll certification. These properties also are not on the list of properties that are still under protest. On this list of properties, the chief appraiser includes the market value, appraised value and exemptions for the preceding year and a reasonable estimate of the market value, appraised value and exemptions for the current year. Use the lower market, appraised or taxable value (as appropriate). Enter the total value of property not on the certified roll. 15 C. Total value under protest or not certified: Add A and B.  $73,686,688  protest. 14  $0  $73,686,688  20. 2021 tax ceilings. Counties, cities and junior colleges enter 2021 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing units adopted the tax ceiling provision in 2020 or a prior year for homeowners age 65 or older or disabled, use this step." 16 21. 2021 total taxable value. Add Lines 18E and 19C. Subtract Line 20. 17  $0  $3,638,702,109    22. Total 2021 taxable value of properties in territory annexed after Jan. 1, 2020. Include both real and personal property. Enter the 2021 value of property in territory 23. Total 2021 taxable value of newi improvements and new personal property located in new improvements. New means thei item was not on the appraisal roll in 2020. An improvement is al building, structure, fixture or fence erected on or affixed tol land. New additions to existing improvements may bei included if the appraised value can be determined. New personal property in a new improvement must have been brought into the taxing unit after Jan. 1, 2020, and bel located in a new improvement. New improvements do include property on which a tax abatement agreement has expired for 2021.19 24. Total adjustments to the 2021 taxable value. Add Lines 22 and 23. 25. Adjusted 2021 taxable value. Subtract Line 24 from Line 21. 26. 2021 NNR tax rate. Divide Line 17 by Line 25 and multiply by $100.20 27.0 COUNTIES ONLY.Add together the NNR tax rates for each type of tax the county  $0  annexed. 18  $38,459,378  $38,459,378 $3,600,242,731 $0.764311/$100,  levies. The total is the 2021 county NNR tax rate. 21  'Tex." Tax Code Section 26.012(14) Tex.Tax Code Section: 26.012(14) Tex. Tax Code Section: 26.012(13) 4Tex. Tax Code Section: 26.012(13) Tex.Tax Code Section: 26.012(15) 6Tex.Tax Code Section: 26.012(15) 7Tex.Tax Code Section: 26.012(13) 8Tex.Tax Code Section: 26.012(13) Tex.Tax Code Section: 26.03(c) 1Tex. Tax Code Section 26.012(13) "Tex. Tax Code Section 26.012,26.04(c-2)  1?Tex. Tax Code Section 26.03(c) 13Tex. Tax Code Section 26.01(c) and (d) 14Tex." Tax Code Section 26.01(c) 15Tex." Tax Code Section 26.01(d) 16Tex." Tax Code Section 26.012(6)(b) 17Tex." Tax Code Section 26.012(6) 18Tex." Tax Code Section 26.012(17) 19Tex. Tax Code Section 26.012(17) 2°Tex. Tax Code Section 26.04(c) 2lTex. Tax Code Section 26.04(d) 22Reserved fore expansion    SECTION 2: Voter-Approval Tax Rate rate. The voter-approval taxr ratei iss split into two separate rates:  The voter-approval tax rate is thel highest tax rate that a taxing unit may adopt without holding ane election to seek voter approval of the 1. Maintenance and Operations (M&0) Tax Rate: Thel M&O portion is the tax rate that is needed to raise thes same amount of taxes that thet taxing unit levied in thej prior year plus the applicable percentage allowed' by law. This rate accounts for such things 2. Debt Rate: The debt rate includes the debts service necessary to pay the taxing unit's debt payments in the coming year. This rate The Voter-Approval tax rate for a county is the sum of the Voter-Approval tax rates calculated for each type of tax the county levies. In most cases the Voter-Approval tax rate exceeds the No-New-Revenue tax rate, but occasionally decreases in at taxing unit's debt service  ass salaries, utilities and day-to-day operations  accounts for principal andi interest on bonds and other debt secured by property tax revenue.  will cause the NNR tax rate tol be higher than the voter-approval tax rate. 28. 2020 M&0 tax rate. Enter the 2020 M&0 tax rate.  Voter-Approval Tax Rate Worksheet  Amount/Rate  $0.605167/S100, $3,313,402,983 $20,051,621  29. 2020 taxable value, adjusted for actual and potential court-ordered adjustments. Enter the amount in Line 8 of the No-New-Revenue Tax Rate Worksheet. 30. Total 2020 M&0 levy. Multiply Line 28 by Line 29 and divide by $100. 31. Adjusted 2020 levy for calculating NNR M&O rate.  A. M&0 taxes refunded for years preceding tax year 2020 Enter the amount of M&0 taxes refunded in the preceding year for taxes before that year. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for tax year 2020. This line applies only to tax years B. 2020 taxes in' TIF Enter the amount of taxes paid into the taxi increment fund fora a reinvestment zone as agreed by the taxing unit. If the taxing unit has no 2021 captured C. 2020 transferred function. If discontinuing all ofa department, function or activity and transferring it to another taxing unit by written contract, enter the amount spent by the taxing unit discontinuing the function in the 12 months preceding the month of this calculation. If the taxing unit did not operate this function for this 12-month period, use the amount spent in the last full fiscal year in which the taxing unit operated the function. The taxing unit discontinuing the function will subtract this amount in D below. The taxing unit receiving the function will add this amount in D below. Other taxing units enter 0. D. .2020 M&0 levy adjustments. Subtract B from A. For taxing unit with C, subtract if  $265,129  preceding tax year 2020.  $0  appraised value in Line 18D, enter 0.  $0  $265,129  discontinuing function and add if receiving function.  E. Add Line 30 to 31D. Rate Worksheet.  $20,316,750 $3,600,242,731 $0.564316/5100,  32. Adjusted 2021 taxable value. Enter the amount in Line 25 of the No-New-Revenue Tax 33. 2021 NNR M&0 rate (unadjusted). Divide Line 31E by Line 32 and multiply by $100. A. 2021 state criminal justice mandate: Enter the amount spent by a county in the previous 12 months providing for the maintenance and operation cost ofl keeping inmates in county-paid facilities after they have been sentenced. Do not include any state reimbursement received by the county for the same purpose.  34. Rate adjustment for state criminal justice mandate. 23  $0    B. 2020 state criminal justice mandate: Enter the amount spent by a county in the 12 months prior to the previous 12 months providing for the maintenance and operation cost of keeping inmates in county-paid facilities after they have been sentenced. Do not include any state reimbursement received by the county for the same purpose. Enter zero if this is the  $0  first time the mandate applies.  $0.000000/5100) $0.000000/5100)  C. Subtract B from A and divide by Line 32 and multiply by $100. D. Enter the rate calculated in C. Ifr not applicable, enter 0. 35. Rate adjustment for indigent health care expenditures.4  A. 2021 indigent health care expenditures: Enter the amount paid by a taxing unit providing for the maintenance and operation cost of providing indigent health care for the period beginning on July 1, 2020 and ending on June 30, 2021, less any state assistance B. 2020 indigent health care expenditures: Enter the amount paid by a taxing unit providing for the maintenance and operation cost of providing indigent health care for the period beginning on July 1, 2019 and ending on June 30, 2020, less any state assistance  $0  received for the same purpose.  $0  received for the same purpose.  C. Subtract B from A and divide by Line 32 and multiply by $100. D. Enter the rate calculated in C.If not applicable, enter 0. 36. Rate adjustment for county indigent defense compensation.5  $0.000000/5100, $0.000000/S100,  A. 2021 indigent defense compensation expenditures: Enter the amount paid by a county to provide appointed counsel fori indigent individuals for the period beginning on July 1, 2020 and ending on. June 30, 2021, less any state grants received by the county for the same B. 2020 indigent defense compensation expenditures:Enter the amount paid by a county to provide appointed counsel for indigent individuals for the period beginning on July 1, 2019 and ending on June 30, 2020, less any state grants received by the county for the same  $0  purpose.  $0  purpose.  $0.000000/S100, $0.000000/S100, $0.000000/S100,  C. Subtract B from A and divide by Line 32 and multiply by $100. D.Multiply B by 0.05 and divide by Line 32 and multiply by $100. E. Enter the lessor of Ca and D. If not applicable, enter 0. 37. Rate adjustment for county hospital expenditures.26  A. 2021 eligible county hospital expenditures: Enter the amount paid by the county or municipality to maintain and operate an eligible county hospital for the period beginning on B. 2020 eligible county hospital expenditures:Enter the amount paid by the county or municipality to maintain and operate an eligible county hospital for the period beginning on  $0  July 1, 2020 and ending on June 30, 2021.  $0  July 1, 2019 and ending on June 30, 2020.    C. Subtract B from A and divide by Line 32 and multiply by $100. D.Multiply B by 0.08 and divide by Line 32 and multiply by $100. E. Enter the lessor of Ca and D, if applicable. If not applicable, enter 0.  $0.000000/5100, $0.000000/5100, $0.000000/S100,  38. Rate adjustment for defunding municipality. This adjustment only applies to a municipality that is considered to be a defunding municipality for the current tax year under Chapter 109, Local Government Code. Chapter 109, Local Government Code only applies to municipalities with aj population of more than 250,000 and includes a written determination by the Office of the Governor. See Tax Code 26.0444 for more. information. A. Amount appropriated for public safety in 2020. Enter the amount of money appropriated for public safety in the budget adopted by the municipality for thej preceding B. Expenditures for public safety in 2020. Enter the amount of money spent by the  $0  $0  fiscal year  municipality for public safety during the preceding fiscal year. C. Subtract B: from A and divide by Line 32 and multiply by $100. D. Enter the rate calculated in C. If not applicable, enter 0.  $0.000000/S100)  $0.000000/5100, $0.564316/S100,  39. Adjusted 2021 NNR M&0 rate. Add Lines 33, 34D, 35D, 36E, and 37E. Subtract Line 40. Adjustment for 2020 sales tax specifically to reduce property values. Cities, counties and hospital districts that collected and spent additional sales tax on M&0 expenses in 2020 should complete this line. These entities will deduct the sales tax gain rate for 2021 in A. Enter the amount of additional sales tax collected and spent on M&0 expenses in 2020, if any. Counties must exclude any amount that was spent for economic development grants  38D.  Section 3. Other taxing units, enter zero.  $1,394,735 $0.038740 $0.603056  from the amount of sales tax spent.  B. Divide Line 40A by Line 32 and multiply by $100.  C. Add Line 40B to Line. 39. scenario below. by 1.08. - or 40C by 1.035.  41. 2021 voter-approval M&0 rate. Enter the rate as calculated by the appropriate Special Taxing Unit. If the taxing unit qualifies as a special taxing unit, multiply Line 40C Other Taxing Unit. If the taxing unit does not qualify as a special taxing unit, multiply Line D41. Disaster Line 41 (D41): 2021 voter-approval M&0 rate for taxing unit affected by disaster declaration. If the taxing unit is located in an area declared a disaster area and at least one person is granted an exemption under Tax Code Section 11.35 for property located  $0.624162/S100,  $0.000000/5100,    in the taxing unit, the governing body may direct the person calculating the voter-approval tax rate to calculate in the manner provided for a special taxing unit. The taxing unit shall continue to calculate the voter-approval tax rate in this manner until the earlier of 1. the first yeari in which total taxable value on the certified appraisal roll exceeds the total taxable value of the tax year in which the disaster occurred, or 2. the third tax year after the tax year in which the disaster occurred. Ift the taxing unit qualifies under this scenario, multiply Line 40C by 1.08.27 If the taxing unit does not qualify, do not complete Disaster Line 41 (Line D41). 42. Total 2021 debt to be paid with property taxes and additional sales tax: revenue. Debt means the interest and principal that will be paid on debts that: (3) are scheduled forj payment over aj period longer than one year and (4) are not classified in the taxing unit's budget as M&0 expenses  (1) are paid by property taxes, (2) are secured by property taxes,  A. Debt also includes contractual payments to other taxing units that have incurred debts on behalf of this taxing unit, if those debts meet the four conditions above. Include only amounts that will be paid from property tax revenue. Do not include appraisal district budget payments. If the governing body of a taxing unit authorized or agreed to authorize al bond, warrant, certificate of obligation, or other evidence of indebtedness on orafter Sept. 1, 2021, verify ifi it meets the amended definition of debt before including it here. 28 B. Subtract unencumbered fund amount used to reduce total debt.  $7,409,479  Enter debt amount.  $0 $0 $0 $7,409,479 $851,591 $6,557,888  C. Subtract certified amount spent from sales tax to reduce debt (enter zero if none)  D. Subtract amount paid from other resources. E. Adjusted debt. Subtract B, C, and D from A.  43. Certified 2020 excess debt collections. Enter the amount certified by the collector. 28  44. Adjusted 2021 debt. Subtract Line 43 from Line 42E.  45. 2021 anticipated collection rate. B. Enter the 2020 actual collection rate C. Enter the 2019 actual collection rate D. Enter the 2018 actual collection rate  A. Enter the 2021 anticipated collection rate certified by the collector:29  100.00% 112.98% 99.88% 101.18% 100.00% $6,557,888 $3,638,702,109  E. If the anticipated collection ratei in A is lower than actual collection rates in B, Cand D, enter the lowest collection rate from B, Cand D. If the anticipated rate in A is higher than at least one of the rates in the prior three years, enter the rate from A. Note that the rate can be  greater than 100%.31  46. 2021 debt adjusted for collections. Divide Line 44 by Line 45E  47. 2021 total taxable value. Enter the amount on Line 21 oft the No-New-Revenue Tax  Rate Worksheet.    48. 2021 debt tax rate. Divide Line 46 by Line 47 and multiply by $100. 49. 2021 voter-approval tax rate. Add Lines 41 and 48.  $0.180226/S100) $0.804388/S100) $0.000000/5100,  D49. Disaster Line 49 (D49): 2021 voter-approval tax rate for taxing unit affected by disaster declaration. Complete this line if the taxing unit calculated the voter-approval tax 50. COUNTIES ONLY.A Add together the voter-approval tax rates for each type of tax the  rate in the manner provided for a special taxing unit on Line D41. county levies. The total is the 2021 county voter-approval tax rate.  Add Line D41 and 48.  23Tex. Tax Code Section: 26.044 24Tex.Tax Code Section 26.0442 25Tex." Tax Code Section 26.0442 26Tex. Tax Code Section: 26.0443  27Tex. Tax Code Section 26.04(c-1) 28Tex. Tax Code Section 26.012(10) and 26.04(b) 29Tex. Tax Code Section 26.04(b) 30Tex. Tax Code Section 26.04(b)    SECTION 3: NNR' Tax Rate and Voter-Approval Tax Rate Adjustments for Additional Sales Tax to Reduce Cities, counties and) hospital districts may levy a sales tax specifically to reduce property taxes. Local voters by election must approve imposing or abolishing the additional sales tax. Ifa approved, the taxing unit must reduce its NNR and voter-approval tax rates to offset the This section should only be completed by a county, city or hospital district thati is required toa adjust its NNR taxi rate and/or voter-approval  Property Taxes expected sales tax revenue.  tax rate because ita adopted the additional sales tax. Additional Sales and Use Tax Worksheet  Amount/Rate  51. Taxable Sales. For taxing units that adopted the sales tax in November 2020 or May 2021, enter the Comptrollers estimate of taxable sales for the previous four quarters. 20 Estimates of taxable sales may be obtained through the Comptroller's Allocation Historical Summary webpage. Taxing units that adopted the sales tax before November 2020, enter 0. 52. Estimated sales tax revenue. Counties exclude any amount that is or willl be spent for economic development grants from the amount of estimated sales tax revenue. 33 Taxing units that adopted the sales tax in November 2020 or inl May 2021. Multiply the amount on Line! 51 by the sales tax rate (.01, .005 or 0025, as applicable) andi multiply the  $0  result by .95.34 or-  $1,394,735  Taxing units that adopted the sales tax before November 2020. Enter the sales tax 53. 2021 total taxable value. Enter the amount from Line 21 of the No-New-Revenue Tax 54. Sales tax adjustment rate. Divide Line 52 by Line 53 and multiply by $100. 55. 2021 NNR tax rate, unadjusted for sales tax.35 Enter the rate from Line 26 or 27, as  revenue for the previous four quarters. Do not multiply by .95.  Rate Worksheet.  $3,638,702,109 $0.038331/5100, $0.764311/S100, $0.764311/5100,  applicable, on the No-New-Revenue Tax Rate Worksheet. 56. 2021 NNR tax rate, adjusted for sales tax.  Taxing units that adopted the sales tax in November 2020 or in May 2021. Subtract) Line 54 from Line 55. Skip tol Line 57 if you adopted the additional sales tax before 57. 2021 voter-approval tax rate, unadjusted for sales tax. 36 Enter the rate from Line 49, Line D49 (disaster), or Line 50 (counties), as applicable, of the Voter-Approval Tax Rate 58. 202Ivoter-approval tax rate, adjusted for sales tax. Subtract Line 54 from Line 57.  November 2020. Worksheet.  $0.804388/5100, $0.766057/5100,  31Reserved fore expansion 32Tex. Tax Code Section: 26.041(d) 33Tex.Tax Code Section: 26.041(1)  34Tex. Tax Code Section 26.041(d) 3STex. Tax Code Section: 26.04(c) 36Tex. Tax Code Section: 26.04(c)    SECTION 4: Voter-Approval Tax Rate Adjustment for Pollution Control  At taxing unit may raise its rate for M&0 funds used toj pay fora a facility, device or method for the control of air, water or land pollution. This includes any land, structure, building, installation, excavation, machinery, equipment or device that is used, constructed, acquired or installed wholly or partly to meet or exceed pollution control requirements. The taxing unit's expenses are those necessary to meet the requirements of aj permit issued by the Texas Commission on Environmental Quality (TCEQ). The taxing unit must provide the tax assessor with ac copy of the TCEQ letter of determination that states the portion of the cost of the installation for pollution control. This section should only be completed by a taxing unit that uses M&O funds toj pay fora ai facility, device or method for the control ofa air,  water or land pollution.  Voter-Approval Protection for Pollution Control Worksheet provide its tax assessor-collector with a copy of the letter. 38  Amount/Rate  59. Certified expenses from the Texas Commission on Environmental Quality (TCEQ). Enter the amount certified in the determination letter from TCEQ,37 The taxing unit shall 60. 2021 total taxable value. Enter the amount from Line 21 of the No-New-Revenue Tax 61. Additional rate for pollution control. Divide Line 59 by Line 60 and multiply by $100. 62. 2021 voter-approval tax rate, adjusted for pollution control. Add Line 61 to one of the following lines (as applicable): Line 49, Line D49 (disaster), Line 50 (counties) or Line  $0  Rate Worksheet.  $3,638,702,109 $0.000000/S100) $0.766057/S100  58 (taxing units with the additional sales tax).  37Tex. Tax Code Section 26.045(d) 38Tex." Tax Code Section 26.045(i)    SECTION 5: Voter-Approval Tax Rate Adjustment for Unused Increment Rate  The unused increment rate is the rate equal t0 the difference between the adopted tax rate and voter-approval taxi rate before the unused increment rate fort the prior three years." 39 Ina ay year where at taxing unit adopts a rate by applying any portion of the unusedi increment rate,  the unused increment rate for that year would be: zero.  The difference between the adopted tax rate and voter-approval tax rate is considered zero in the following scenarios:  atax year before 2020; and40  atax year in which ther municipality is a defunding municipality, as defined by Tax Code Section 26.0501(a),4or after. Jan. 1, 2022, a tax year in which the comptroller determines that the county implemented ab budget reduction or reallocation described by Local Government Code Section 120.002(a) without the required voter approval.42 This section should only be completed by at taxing unit that does not meet the definition of as special taxing unit.4 43 63. 2020 unused increment rate. Subtract the 2020 actual tax rate and the 2020 unused increment rate from the 2020 voter-approval tax rate. If the number is less than zero, enter 64. 2019 unused increment rate. Subtract the 2019 actual tax rate and the 2019 unused increment rate from the 2019 voter-approval tax rate. If the number is less than zero, enter 65. 2018 unused increment rate. Subtract the 2018 actual tax rate and the 2018 unused increment rate from the 2018 voter-approval tax rate. If the number is less than zero, enter  Unused Increment Rate Worksheet  Amount/Rate  $0.003230  zero. If the year is prior to 2020, enter: zero. zero. If the year is prior to 2020, enter: zero zero. If the year is prior to 2020, enter zero.  $0  $0.000000 $0.003230/5100, $0.769287/5100,  66. 2021 unused increment rate. Add Lines 63, 64 and 65.  67. 2021 voter-approval tax rate, adjusted for unused increment rate. 23 Add Line 66 to one of the following lines (as applicable): Line 49, Line D49(disaster), Line 50 (counties), Line 58 (taxing units with the additional sales tax) or Line 62 (taxing units with pollution  control).  39Tex." Tax Code Section 26.013(a) 40Tex." Tax Code Section 26.013(c) 41Tex." Tax Code Section 26.063(a)(1)    SECTION 6: De Minimis Rate and the current debu rate for at taxing unit.*2 definition of a special taxing unit.43 De Minimis Rate Worksheet Tax Rate Worksheet Rate Worksheet. by $100.  The de minimis rate is thei rate equal to thes sum of the no-new-revenue maintenance and operations rate, the rate that will raise $500,000, This section should onlyt be completed by a taxing unit thati is a municipality of less than 30,000 or a taxing unit that does not meet the  Amount/Rate  68. Adjusted 2021 NNR M&0 tax rate. Enter the rate from Line 39 of the Voter-Approval 69. 2021 total taxable value. Enter the amount on Line 21 of the No-New-Revenue Tax 70. Rate necessary to impose $500,000 in taxes. Divide $500,000 by Line 69 and multiply 71. 2021 debt rate. Enter the rate from Line 48 of the Voter-Approval Tax Rate Worksheet.  $0.564316/S100, $3,638,702,109 $0.013741 $0.180226/S100, $0.000000/S100,  72. De minimis rate.23 Add Lines 68, 70 and 71.  42Tex. Tax Code Section 26.012(8-a) 43Tex." Tax Code Section 26.063(a)(1) 44Tex. Tax Code Section 26.04(c)    SECTION 7: Voter-Approval Tax Rate Adjustment for Emergency Revenue Rate  In the tax year after the end of the disaster calculation time period detailedi in Tax Code Section 26.042(a), a taxing unit that calculated its voter-approval tax rate in thei manner provided for as special taxing unit due to a disaster must calculate its emergency revenue rate and Similarly, ifat taxing unit adopted a tax rate thate exceeded its voter-approval tax rate, calculated normally, without holding an election to respond to a disaster, as allowed by" Tax Code Section 26.042(d), in the prior year, it must also reduce its voter-approval tax rate for the NOTE: This section will not apply to any taxing units in 2021. Iti is added toi implement Senate Bill 1438 (87th Regular Session) and does not apply to a taxing unitt that calculated its voter-approval tax rate: in the manner provided for a special taxing unit due to a declared  reduce its voter-approval tax rate fort that year.46  current tax year.  disaster in 2020, as provided for in the recently repealed Tax Code Sections 26.04(c-1)and: 26.041(c-1). In future tax years, this section will apply to at taxing unit other than as special taxing unit that:  directed the designated officer ore employee to calculate the voter-approval tax rate of the taxing uniti in the manner provided fora the current year is the first tax year in whicht the total taxable value of property taxable by the taxing unit as shown ont the appraisal roll for the taxing unit submitted by the assessor for the taxing unit to the governing body exceeds the total taxable value of property taxable by the taxing unit on. January 1 oft thet tax year in which the disaster occurred or the disaster occurred four years In future tax years, this section will also apply to a taxing unit in a disaster area that adopted a tax rate greater than its voter-approval tax Note: This section does not apply ifat taxing unit is continuing to calculate its voter-approval tax rate in the manner provided fora a special taxing unit because iti is still within the disaster calculation time period detailed in Tax Code Section 26.042(a) because ith has not met the  special taxing unit in the prior year; and  ago.  rate without holding an election in the prior year. conditions in Tax Code Section 26.042(a)(1) or (2). Emergency Revenue Rate Worksheet  Amount/Rate  73. 2020 adopted tax rate. Enter the rate in Line 4 of the No-New-Revenue Tax Rate 74. Adjusted 2020 voter-approval. tax rate. Use the taxing unit's Tax Rate Calculation Ifac disaster occurred in 2020 and the taxing unit calculated its 2020 voter-approval tax rate using a multiplier of 1.08 on Disaster Line 41 (D41) of the 2020 worksheet due to a disaster, enter the 2020 voter-approval tax rate as calculated using a multiplier of 1.035 from Line 49. Ifa disaster occurred prior to 2020 for which the taxing unit continued to calculate its voter- approval tax rate using a multiplier of1 1.08 on Disaster Line 41 (D41) in 2020, complete the separate Adjusted Voter-Approval Tax. Rate for Taxing Units in Disaster. Area Calculation Worksheet to recalculate the voter-approval tax rate the taxing unit would have calculated in 2020 if it had generated revenue based on an adopted tax rate using a multiplier of1 1.035 in the year(s) following the disaster. 48 Enter the final adjusted 2020 voter-approval tax rate  Worksheet.  N/A  Worksheets from the prior year(s) to complete this line.  or-  N/AI  from the worksheet. or-  Ifthe taxing unit adopted a tax rate above the 2020 voter-approval tax rate without calculating a disaster tax rate orl holding an election due to a disaster, no recalculation is necessary. Enter the voter-approval tax rate from the prior year's worksheet. 75. Increase in 2020 tax rate due to disaster. Subtract Line 74 from Line 73. 76. Adjusted 2020 taxable value. Enter the amount in Line 14 of the No-New-Revenue Tax  N/A N/A N/A!  Rate Worksheet.  77. Emergency revenue. Multiply Line 75 by Line 76 and divide by $100.    78. Adjusted 2021 taxable value. Enter the amount in Line 25 of the No-New-Revenue Tax 79. Emergency revenue rate. Divide Line 77 by Line 78 and multiply by $100. 49 80. 2021 voter-approval tax rate, adjusted for emergency revenue. Subtract Line 79 from one of the following lines (as applicable): Line 49, Line D49(disaster), Line 50 (counties), Line 58 (taxing units with the additional sales tax), Line 62 (taxing units with pollution  N/A N/A N/A  Rate Worksheet.  control) or Line 67 (taxing units with the unused increment rate).  SECTION 8: Total Tax Rate No-New-Revenue tax rate (adjusted for sales tax). Indicate thel line number used: 26 Voter-Approval tax rate  Indicate the applicable total tax rates as calculated above.  As applicable, enter the 2021 NNR tax rate from: Line 26, Line 27 (counties), orl Line 56  $0.764311/S100  As applicable, enter the 2021 voter-approval tax rate from: Line 49, Line 50 (counties), Line  58 (adjusted for sales tax), Line 62 (adjusted for pollution control), Line 67 (adjusted for $0.769287/$100  unused increment), orl Line 80 (adjusted for emergency revenue). Ifapplicable, enter the de minimis rate from Line 72.  Indicate the line number used: 67 De minimis rate  $0.000000/S100  SECTION 9: Taxing Unit Representative Name and Signature  Enter the name oft the person preparing the tax rate as authorized by the governing body of the taxing unit. Bys signing below, you certify that you: are the designated officer ore employee of the taxing unit andi have accurately calculated the tax rates using valuest that are the same as the values shown in the taxing  unit's certified appraisal roll or certified estimate oft taxable value, ina accordance with requirements in7 Tax Code. 50  print here John R. Ames, PCC, CTA Printed Name of Taxing Unit Representative  sign here Taxing Unit Representative  Date  Cusymung  Danod,  Opr