GASTONIA CITY COUNCILI MEETING SEPTEMBER 6, 2016-6:00P.M.  CITYCOUNCIL CHAMBER - CITY HALL-GASTONI,NC  EXHIBIT PAGEI NUMBER  ITEMA A: ITEMB: ITEMC:  PRAYER- Councilman Jim Gallagher ADOPTION OF THEAGENDA Regular Council Meeting April 9,2016 AWAEDS.CEREMONIES. AND] PROMOTIONS COMMITTEE ()Proclamation: - Constitution Week PRESENTATION: Mayor Pro Tem Todd Pierceall (2)P Proclamation- - Fire Prevention Week PRESENTATION: Councilman David Humphries  PLEDGEOFALIEGIANCE: Mayor John D. Bridgeman  ITEMD: APPROVALOEMINUTES  ITEME:  El E2  ITEMF:  PUBLIC EXPRESSION: EACH PERSON ISI LIMITED TO. ATOTAL  OFFIVEI MINUTES SPEAKINGTIME  CONSENT AGENDA  ITEM1:  SOLITONAITHORZING THE CITY OF GASTONIATOI ENTER INTO ANAGREEMENT WITH THE NORTH CAROLINA DEPARTMENTOE RANSPORTATONFUBLIC TRANSPORTATION DIVISIONFOR SECTION 5303 GRANT: FUNDSTO CONDUCT TRANSIT: PLANNING. ACTIVITIESIN  FY2016-2017 ORDINANCE TOI DEMOLISH. 720 N. YORK STREET FINALI RECORDING PLAT. BETHESDA OAKS PHASE3AI MAP2 ROUTE MODIFICATION. SOUTH] MARIETTA BUS ROUTE#3  ITEM2: ITEM3: ITEM4: ITEM5:  OWNERFRIENDSHIP BAPTIST CHURCH OF GASTONIA. INC.  SERVICECONTRACTS FOR INTERNET AND PHONE.  REGULAR AGENDA  ITEM6:  PUBLICE HEARINGFOR FLOODSTUDY.  YMCAFLOODSTUDY  PRESENTATION: Mr. Tucker. Johnson, PE, Assistant City Engineer REQUEST FOR RESOLUTION AUTHORIZING. CONDEMNATIONI PROCEEDINGS: S. SOUTHST. 2NDto 3RD AVENUE STORM DRAINAGE IMPROVEMENTS PRESENTATION: Mr. Rusty Bost, P.E. Director of Engineering  ITEM7:  -1-    GASTONIA CITY COUNCILI MEETING SEPTEMBER 6, 2016-6:001 P.M.  CITYCOUNCIL CHAMBER- - CITY HALL- GASTONIA,NC  EXHIBIT PAGE NUMBER  ITEM8: ITEM9:  CITYATTORNEY'SI REPORT CIYMANAGERSREPORI  PRESENTATION: Mr.L. Ashley Smith, City Attorney PRESENTATION: Mr. Edward C. Munn, City Manager  ITEM1 10: CIYCOUNCILREPORIS  PRESENTATION: City Council Members  ITEM11:  ANNOUNCEMENTS  PRESENTATION: Mayor. John D. Bridgeman  INDIVIDUALS REQUIRING ADA RELATED SPECIAL ASSISTANCE AT THIS PUBLIC MEETING/HEARING SHOULD CONTACT THE. ADA COORDINATOR, CITY HALL, 181 SOUTH STREET, P.O. BOX 1748, GASTONIA, NC 28053-1748, AT (704) 866-6861 OR 711 FOR RELAY  SERVICEI USERS WITHIN 721 HOURS OF THE: MEETING/HEARING.  ag090616  -2-    Page 153  Page 153  GASTONIA CITY COUNCIL MEETING APRIL5.2016- 6:001 P.M.  CITYC COUNCILCHAMBERS - CITYHALL- GASTONIA.NC  Mayor. John Bridgeman called the meeting to order at 6:00 p.m. on' Tuesday, April 5,2016 in the City Council Chambers, City Hall, Gastonia, North Carolina. Councilman David Humphries opened the meeting with prayer. Mayor Bridgeman led the audience in the Pledge of Allegiance  tot the flag. Sherry H. Dunaway, City Clerk, recorded the minutes.  PRESENT: Mayor. John D. Bridgeman  Council Members: Robert Kellogg  David] R. Kirlin James Gallagher Toddl Pierceall Porter L. McAteer David Humphries  City Manager: Edward C. Munn City Attorney: L. Ashley Smith  ADOPTION OF THE AGENDA  Councilman Gallagher made a motion to adopt the Agenda as printed. Councilman Kirlin  seconded the motion and Council approved it unanimously.  APPROVALOF THE MINUTES Regular Council Meeting - February 2, 2016  Mayor Pro Tem Pierceall made a motion to approve the minutes as printed. Councilman Kellogg Mayor Bridgeman stated that before public expression begins, he would like to congratulate the NCTar) Heels even though they didn'twin] lasti night. Mayor Bridgeman requested Fire ChiefPhil Welch approach the podium. Mayor Bridgeman stated he had received a letter from Kings Mountain Mayor, Scott Neisler, thanking Chief Welch and the Gastonia Fire Department fort their assistance ataf firea atJ J.J Herndon Industries in Kings Mountain on January 19th. The Gastonia fire personnel worked and provided relieft to the Kings Mountain firefighters who had fought the fire all night. Mr. Neisler noted that with neighbors like this iti is a win-win for all citizens. Mayor Bridgeman stated Mayor Neisler extended his appreciation to ChiefV Welch and! hisi firefighters and commended themi for their response and dedication to the fire service. Mayor Bridgeman thanked  seconded the motion and Council approved it unanimously.  Chief Welch andt the fire department fort their service.  PUBLIC) EXPRESSION  Mayor Bridgeman recognized Ms. Beverly Huddle, 1102 Robinwood Road, Gastonia, NC, to Ms. Huddle stated that she is part ofa group of Hunter Huss alumni that have been doing things tor recognize Vietnam Veterans. Ms. Huddle distributed: af flyer that is hereby incorporated intot the minutes. Ms. Huddles stated they werel having a community wide event at Gaston Memorial Park on Saturday, April 30th to recognize the Vietnam Veterans from the war era ofl November 1, 1955 through April 30, 1975. Ms. Huddle noted that ift they were in the military during that period of time they want toi recognize and honor them. Ms. Huddle stated elected officials would be there tos shakel hands and present a 50th Commemorative Anniversary pin to those from all branches of  speak on Vietnam Veterans.  the military.  -153-    Page 154  Page 154  REGILARCOUNCILAEEING-Amris2u6  (Reference as contained in Exhibit Book 41 to Minute Book 105 at Page 72.)  CONSENT AGENDA  Mayor Pro Tem Pierceall made a motion to approved the Consent Agenda. Councilman  Humphries seconded the motion and Council approved it unanimously.  1) 2)  BUDGET AMENDMENT#16029 BUDGET. AMENDMENT: #16-030  RECOGNIZING REVENUE: FROM GASTONCOUNTYIONSIPS GRANTS (Reference as contained in Exhibit Book 4 to Minute Book 105 at Page 73.) REVERSAL OF REVENUE AND) BUDGET, AMENDMENT (Reference as contained inl Exhibit Book 4t tol Minute Book 105 at] Page 74.) 3) AMENDMENT TO THE CITY OF GASTONIAGASTONIA CONSORTIUM EYS2014-FYS201415. AND20I5-16ANNUAL ACTION PLANS(AAP) (Reference as contained in Exhibit Book 4t tol Minute Book 105 at Page 75.) PROPOSED CONTRACT WITH PIKE ELECTRIC FOR UNDERGROUND (Reference as containedi inl Exhibit Book 4t tol Minute Book 105 at] Page 76.)  4) 5)  TRENCHING ORDMANCEIODEMOLSE 1091 Drake Street Owner: Mr.. James A. Carpenter ORDNANCETODEMOLSE 8181 Miller St. Owner: Alma R. Love & Robert N. Love, Jr.  (Reference as contained in Exhibit Book 41 tol Minute Book 105 at Page 77.)  6)  (Reference as contained inl Exhibit Book 4tol Minute Book 105 atl Page 78.) Mayor Bridgeman recognized a Boy Scout in the audience. Master Ian Morton stated he was from Gastonia, NC, Boy Scout' Troop 6a at First Baptist Church and stated hei is about to be an Eagle Scout. Master Morton stated his project was to build a retaining wall at  Schiele Museum.  RESOLUTION ADOPTING PRELIMINARY ASSESSMENT AND SETTINGTHE! PUBLICHEARING TIME ANDI DATE FOR LOCALI IMPROVEMENTS. - SEWER LINE EXTENSION FORAPORTIONORI BARRINGTONT DRIVE  Mayor Bridgeman recognized) Mr. Rusty Bost, P.E., Director of] Engineering for this presentation. Mr. Bost stated the City received a petition to extend the sewer on Barrington Drive, a short cul- de-sac offofKendricki Road and seven] properties will be served! by thes sewer. Mr. Bost noted that six oft those seven] properties have signed the petition to extend the project. The current water and sewer has $120,000 in the budget for water extension, sO we do not expect to be which time it will be a public hearing and council formerly begins the  for and staff  additional recommends  funds. This item is a: request to set the public hearing for the first meeting asking in May, any at  project  taking this action.  Mayor Pro Tem Pierceall asked why the one resident did not sign and Mr. Bost responded that he didi notl know, noting that this is an area that was annexed. Mr. Bost stated in some cases people  have septic tanks and they still want to continue using them.  -154-    Page 155  Page 155  REGULAR COUNCIL MEETING-A April5,2016  Councilman Gallagher made al motion to approve the Resolution. Mayor Tem Pierceall seconded  the motion and Council approved it unanimously.  (Reference as contained inl Exhibit Book 41 tol Minute Book 105 atl Page 79.)  AWARDOFCONTRACT  FIRESTONE AREA SEWERI REHABILITATION  Mayor Bridgeman recognized Mr. Matt Bernhardt, Director of! Engineering and Public Works & Utilities and also Mr. Rusty Bost, P.E., Director of] Engineering for this presentation Mr. Bernhardt stated this item concerns the award oft the Find and Fix contract for the Firestone basin. The Firestone basin is one of the oldest portions of the city's sewer system CIP and runs through the areai that was the oldi mill village for the Loray Mill. Mr. Bernhardt noted that because ofthe age oft the system its suffers some inflow andi infiltration of storm wateri into the system and that causes problems with overflows on occasion. Our hope with this contract is that we willl be Mr. Bernhardt introduced Mr. Rusty Bost, Director of Engineering to talk about the actual bid Mr. Bost noted the bid amounts are well above the budget of $350,000 that was established ini the Water and Sewer CIP. The $350,000 is the budget and that is the "not to exceed" in the contract andt the contractor is aware oft that. Mr. Bost answered various questions of Council. Councilman Kellogg made the motion to approve the Contract for the Firestone Area Sewer Rehabilitation as recommended. Councilman Kirlin seconded the motion and council approvedit  ablet to greatly reduce the inflow and infiltration into the system.  results.  unanimously.  (Reference as contained in Exhibit Book 41 to Minute Book 105 at Page 80.)  NCDOTTRAFFIC CONTRACT  Mayor Bridgeman recognized) Mr. Matt Bernhardt, Director of Public Works & Utilities for this Mr. Bernhardt stated this itemi is for renewal of the Municipal Maintenance Traffic Agreements with the North Carolina Department ofTransportation (DOT) for the maintenance of the traffic control devices, signs and markings, etc., within the City that are on DOT streets signals, that are within the city of Gastonia. Mr. Bernhardt stated we have 143 signalized intersections, 130 of which belong to the DOT and those are the ones that we maintain. The contract amount is for $240,000ay year. Mr. Bernhardt noted that on occasion wel have exceeded that and the DOTI has paidi it. Mr. Bernhardt also stated that this contract is actually for the current fiscal year 2015/16 because thel DOTI restarted thej process which means the agreement got to us much later; therefore, itisi for this current fiscal yeart thati is ending and wel have $205,000 worth of expense through this fiscal year and we really need to get a bill to them. Mr. Bernhardt recommended adoption oft this Mr. Bernhardt answered questions of Council, both concerning the contract and other signage and Councilman Gallagher made ai motion that the City do at traffic study ont thet traffic light at] Hoffman and Robinwood Road to encourage the DOT to take action. Mayor Pro Tem Pierceall seconded Mayor Pro Tem Pierceall made a motion to approve the Municipal Maintenance Traffic Agreements with NC Department of Transportation for the fiscal year 2015/16. Councilman  presentation.  agreement so that we can send this bill. traffic issues raised by members of Council. the motion and Council approved it unanimously.  Gallagher seconded the motion and Council approvedi it unanimously.  -155-    Page 156  Page 156  REGULAR COIXCTANETTNG-AusaNs  (Reference as contained inl Exhibit Book 41 tol Minute Book 105 at Page 81.)  ACILITIESNANAGEMENT COMMITTEE REPORT  Mayor Bridgeman recognized Councilman David Kirlin, Chairman, for this] presentation. Councilman Kirlin presented the Facilities/Management Committee report from their meeting on Tuesday, March 22, 2016. He stated this report is for information only. Councilman Kirlin reviewed the monthly financials for the Conference Center as contained in the attached exhibit. Councilman Kirlin notedt thet total revenue forecast for April, 2016is forecast at $83,434.00 which would be the Conference Center's highest month ever which is incredible with aj projected net income of $21,000.00. March is facing a loss but Easter and Spring Break fell into March this year. Councilman Kirlini notedt that Jerry Durkee, Director of Sales for the Conference Center was Councilman Gallagher askedi ifit was possiblet to geta a spotlight ini the Conference Center so when therei is a speaker there they can shine it on the speaker sol he could be seen. Jerry Durkee stated thats some. lighting updates are being done and he would check into the spotlight. Mayor Pro Tem] Pierceall statedt thatl Kristy Crisps sends out ai monthly newsletter that gives updates about whati it going on att the Conference Center and hei noted that. Jerry and Mr. Nolen andt the rest oft the staff are doing ani incredible job. Mayor Pro Tem Pierceall stated that it was definitely the right decision when they hired this company, the numbers show it, and although the facility is Councilman Kellogg stated he was at ane event last] Friday and one oft the presenters there was from out of town and she made a point of specifically saying how impressed she was with the Conference Center. Councilman Kellogg just wanted tos share that there arej people who come from Councilman Kirlin also noted the Cityi is pursuing acquisition of property at 209 W. Fifth. Avenue  present and could answer any questions.  getting older, it has never looked better.  out oft town andi really appreciate the facility that wel have.  (water tank property at Loray Mill).  (Reference as contained in Exhibit Book 4tol Minute Book 105 at Page 82.) Mayor Bridgeman recognized City Attorney, L.. Ashley Smith, for this presentation. Mr. L. Ashley Smith, City Attorney, referenced the revisions to the City Charter that were discussed at a prior council meeting and stated Representative Bumgardner is willing to run the Bill for us and it is standard protocol to pass a Resolution. Mr. Smith noted the vote on the Resolution has tol be unanimous from the City Council. Mr. Smith stated that Senator Harrington suggested that we have a public hearing even though it is not required, so if there are inquiries fromt the General. Assembly in] Raleigh, she and the Delegation can say that there was public input. Mr. Smith stated that he has drafted a notice and if the Council will by motion direct it to be published he willt take care ofit. Mr. Smith stated that the notice will say that revisions are being considered to the Charter and you can call, email or go on the City's website to see what the specific things are changed because there ares SOI many iti isi impossible to summarize them alli in an ad. Mr. Smith requested a motion to schedule that public hearing for the next meeting and the Mayor Pro Tem Pierceall made the motion to schedule the public hearing for the next Councilman Kellogg seconded the motion and Council approved it unanimously. In response to an inquiry from Mayor Pro Tem Pierceall about current language in the Charter which the current draft says the Council may appoint one or more. Assistant City Attorneys, Smith and] Mr. Munn answered various questions from Council. Much discussion ensued. Mr.  CITYATTORNEY'S) REPORT  Resolution will also be on the agenda.  meeting.  -156-    Page 157  Page 157  REGULAR COUNCIMEETING- April5,2016  Councilman Gallagher made a motion that thel language in the Charter saying that the Council has the ability to hire the Assistant City Attorney remain in the Charter. Mayor Pro Tem Pierceall After further discussion, the motion passed 4-3. Councilman Kirlin, Councilman Humphries and Mr. Smith stated he would take that sentence out and then next week the vote that Council takes on the revised Resolution will need to be unanimous. This revision willl be what is reflected on the City's website, and he will send a revised a copy to Senator Harrington and Representative Councilman Humphries askedi if the next Resolution willl be all inclusive of the changes and Mr.  seconded the motion.  Mayor Bridgeman voting against.  Bumgardner. Smith replied yes.  CIYMAMAGERSREPORI  Mayor Bridgeman recognized Mr. Ed] Munn, City Manager for his report.  Mr. Munn statedt that att the Budget Outlook meeting wel hada a discussion oft thes solid waste charges and one of the things discussed was if we had a separate charge for a second container for residential service and we said wel knew we charged for the container but we weren'tso sure ifwe were charging ai monthly fee. As it turned out we are charging a monthly fee and iti is the same amount, soi ifs youl have two containers, you pay $8.00 under the current system. When we went through that process, we ended up saying that the second container would be $3.501 however the current rules are $4.00. Mr. Munn stated he is informing the Council of that and just for clarification going forward do you want tol leavei it at $4.00 or do you want tol leavei ita at $3.50. Mayor Pro Tem] Pierceall askedi if we needed ai motion or would the motion come wheni itisi ini the budget. Mr. Munn statedt that we didi itl before as ai motion of direction and the real actioni is approval oft thel budget but would Council like us to construct the budget using the $4.00 as we Mayor Bridgeman asked for Mr. Munn's recommendation. Mr. Munn stated that $6.50 for the first cart and $4.001 fort thes second cart and thati is what they are currently paying SO couldj just leave itasi itis. It was the consensus of the Council that the budget be drafted with the Mr. Munn's Mr. Munn discussed the large commercial development with Crescent and Harris Development proposed for Mecklenburg County. This may be very significant for Mecklenburg County and may be significant for us ift there isa a bridge connection. Mr. Munn noted how important al bridge int that area could be for both traffic congestioni mitigation as well as economic development. Mr. Munn noted that we willl be working with the City of Charlotte and all the other officials there as Mr. Munn stated he went to the Hilton Garden groundbreaking today andt the Cityi is excited to see  the havei it now.  during  recommendation.  that develops. that moving forward.  CITY COUNCIL REPORTS  Councilman Humphries distributed a handout which is hereby incorporated into the exhibits. Councilman Humphries would like tol have the Council's blessing to present this to the Commissioners on the 26th of April. Councilman Humphries stated he has spoken to County them previously and asked fora al lot of money for all the school students to go to the Planetarium and the Museum. However, after speaking with Mr. Tony Paysour at the Museum I was enlightened and what I am now requesting from the County is $20,000.00 annually which will afford every gth grade student at trip to the Museum every year and will include one planetarium show which is selectable by the teacher. There are currently over 2,400 8th grade students in the Gaston County  -157-    Page 158  Page 158  REGULAR COAIMILNETN-AasuE  schools. Councilman Humphries stated he was goingt tol keep pursuing the County fori this funding because he thinks it is very important. Councilman Humphries noted that he does not need a decision tonight but at the next meeting if he could get the Council's approval to represent this He also requested that everyone keep the military and families in their prayers and wished them  body that would be great. back home safely.  (Reference as contained in Exhibit Book 41 to Minute Book 105 at Page 83.)  Councilman McAteer hadi no report att this time. calls to get all the support we can for thisi issue.  Mayor Pro Tem Pierceall discussed the MPO prioritization process for the possible new bridges across the Catawba from Mecklenburg County. Heu urged eachi member of Council toi make phone Mayor Pro Tem Pierceall said he has a statement he would like to make, and it is his personal opinion andi iti is not coming from the Council. He cannot speak for the Council and the City, but hel has been asked multiple times about thel law recently passed by the North Carolina Legislature which isl known as HB2, also what] has become known ast the Bathroom Bill. This legislation was enacted ini response to a city ordinance passed by the city of Charlotte. Mayor Pro Tem Pierceall The first is the interference of the NC Legislature in Local Authority. The purpose of having municipalities ist to givel local control to the people. We elect our city leaders as we see: fitt tol help structure our dailyl lives andt toi forma a government that reflects the citizenship. The representatives inl Raleighi may not agree orl like thei individuality ofi its cities and towns, but to try and legislate an entire statei in order tor reflect their personal beliefs is wrong and contradicts the very principle this country was founded on. Gastonia and its residents should let our elected representatives know that we dor not approve oft the action or any similar legislation thatt they havel been SO quick to enact. The Mayor Pro Tem stated that the second reason he wants to address HB2 is because of the rhetoric from the controlling party in Raleigh that this was necessary to protect the citizens of North Carolina. They have created a whole campaigni in ordert to1 mislead peoplei into thinking this was strictly and only about bathrooms. Ifthey felt sO strongly about safety oft the bathrooms, then there are methods and actions available to them to remedy that situation. Instead they have made into laws sweeping changes thats strip specific citizens of our states of their rights and denies many others of any avenue to rectify discrimination. The LGBT community, women, African- Americans, Latinos and even veterans, and many of our citizens are left with only the Federal courts as their only option to pursue justice. Even many in our faith based communities thàt applauded this action at first by our Legislature are negatively affected and they are being told differently. They have yet to realize that they too have very little to no protection. The Governor and the Legislative leadership should be ashamed of the campaign of misinformation in their ignorance of the actions they have taken. North Carolina is a wonderful place to live and work. Our state has enjoyedaf fantastic reputation as being the only progressive southern state. in education, tourism and job creation. We were a can-do state that attracted new investment in things such as thriving technology and medical research. Charlotte, the Triangle, our coastal towns, Asheville and Hickory, all could boast of being leaders and offered a and pleasant environment in which tol live and work, places you wanted to raise a family. unique With one shadowy, dangerously rushed and poorly thought out piece ofl legislations, our elected leaders in Raleigh have stripped its citizens of all of this. On a daily basis we now hear of businesses and even tourist organizations that are crossing North Carolina off of their companies, list. They are not coming. They have refused to come. They know that a society that discrimination is not one in which they wisht to do business or spend their money. Our promotes was on1 the rebound. North Carolina was poised tol become a global leader once again and economy almost overnight that has been destroyed and yet sO much more. The citizens of Gastonia need to read  feels compelled tos speak out against this Bill for several reasons.  leaders  Wewere  -158-    Page 159  Page 159  REGULAR COINCINETNC-Asasas  and fully understand the destructive actions by our Legislature and let them know that HB2 is harming our state and harming our citizens. It is not merely al Bathroom Bill. Itis aj part ofa greater campaignt tol bleach and sterilize our state ofall unique qualities that! have historically made us great. Itis an effort to mold an entire state into the ideas of only a few. Itis not acceptable and itist most definitely not who we are. The Mayor Pro Tem thanked the Council for their patience Councilman Gallagher stated that he went to the unveiling of the Planetarium on April 17h and it was fantastic and encouraged everyone to go see it noting that it was incredible for adults and He stated he met with the people who are in charge of Akers Center and it doesn't look like the owner is goingt tol be investing muchi into Akers Center. Ithink hei is going tol be looking to selli it. It think that is going tot take place in about ay year or sO. Conns and Gabe's are there and they are doing ai finej job along with Ollie's and wej just hope some good things come from that. Councilman Gallagher also met with) Doug Luckett from Caromont who is looking tol help us out with our healthcare and he also spoke about the Clinic. He would like to get involved with our Wellness and he is going to attend one of our future community meetings as well. Mayor Pro Tem Pierceall inquired ifl he had mentioned anything about working with the and Councilman Gallagher replied that with Art Space they would bel leasing 1200 square feet county and said that if we teamed up with the County, he may have to look for more space there or rent a Councilman Kirlin stated he had a chance to chat with Mr. Jim Morasso from Webb Custom Kitchen and he again thanks the council for their support for his vision and hisi idea. He stated Mr. Morrasso is extremely pleased with the progress of the restaurant and the sales and activity they are getting so far. Councilman Pierceall stated that one night he was unable to geta a reservation. Councilman Kirlin noted that he also discussed potentially other restaurant possibilities for downtown too: so that was very encouraging tol hear that too. Ifanyone has been there and would liket to write ai review on Trip Advisor or Yelp thati isa a good source: for reviews and people look at those so ify youl have been there and enjoyed it take a minute to do that for the restaurant because The othert thing tor note ist that Mr. Bob! Morgan, President and CEO ofthe Charlotte Chamber, was at our Rotary Club meeting and of course he spoke of all the wonderful things that are Charlotte but the one thing that caught my attention was with regard to what they are going doing with lightr rail andt their] Lynx linel North and South and! how muchi response they have received from the Northern line which is going to be about twelve miles long up to the University Campus and it prompts me tol have the visioning that the Council needs tot think about how we can set the and start conversations again with Charlotte. Councilman Kirlin stated that he knows we stage are a long way off but he thinks there is going to be potential at some point in time for light rail from here to Charlotte and he thinks we need tol be thinking about that and looking at for that. Wel have a multi-modal transportation center planned here and he thinks long that range needs plans tol be reviewed. He knows there are certain timet tables on some oft thei initial studies that were done that are good fora aspecific periodo oftime, and! he would1 liket to direct Staffj just toi maket thati information available to us. He knows there are a couple of council members who have not seen of because het thinks that was before they came on council so that they have ant understanding any of what that could bel herei int the future. Councilman Kirlin doesn't want ust tol lose sight of that, and thinks we Councilman Kellogg stated hel had thep privilege ofa attending the Diversified Business Professional Association. Awards banquet andi it was a great event held at Gaston College and Ithink iti is at testament to see people whol had a vision to form that business association and am the opportunity to attend. He also had the opportunity to speak with the Downtown happyIhad Gastonia Merchant Association this morning and iti is always great to see and hear whati ideas and concerns  ina allowing him to read thats statement, andt that concluded his report.  children.  building downtown.  we needt to do whatever we cant toj promote downtown.  oni in  need tol keep that oni radar screen.  really  -159-    Page 160  Page 160  REGULAR COUNCILI MEETING- April5,2016  they might have especially since our downtowni is at such aj pivotal point right now. Itis growing andi moving forward and he was really glad to speak with them. Councilman Kellogg also stated how impressed he was with the overwhelming community response meeting we had recently, especially our city Police and Fire Chiefs, because they both have been very helpful getting informationi tol him and supplying him with anything requested tol help bring this event about. The community response was very overwhelming. There were so many people there that we had to bring in extra chairs. Some oft those present were protessionals and law enforcement but there was al large number of concerned citizens who were concerned. about their neighborhoods andt they had legitimate concerns andi issues for our city andi many cities across the nation that are dealing with this particular issue. Hel hass spoken with our city staff, and he would like toj propose some of resolution of support to join the effort that is already going on at the county level. Our type county police chief has stepped up to the plate some time ago and has been working on some ideas. Councilman Kellogg knows our Police and Fire Chiefs have been involved with that as well, and he would) like tos seet the City formally come around andj perhaps even! have one ofthose individuals represent us,. just go to those meetings and keep us briefed as far as what is happening and what we may be able to do tol help them and thati iss something that he would like tol bring forward at our Mayor Bridgeman stated he would like to step back to Councilman Kirlin's remarks about the transportation multi-modal hub. In an earlier conversation hel had mentioned al letter from Mayor Scott Neisler, Kings Mountain and he has mentioned that we are all hearing so much about the traffic parking lot on 85 and the Amtrak runs from Raleigh to Charlotte, and he said ifit would continue and stopi in Gastonia and possibly Kings Mountain and then end up in Shelby and turn around and gol back that he wouldl lovet tol bea ablet tor ride thei train from Kings! Mountain to Charlotte ort tol Raleigh sol he is pursuing that. As he stated, the tracks are there and there is already a and we just needt to utilize what wel have here andi no one will argue about the traffic situation. depot  next meeting.  ADJOURNMENT  Mayor Pro Tem Pierceall made ai motion to adjourn at 7:30p.m.  Mayor John D. Bridgeman  L.Ashley Smith, City Attorney  Sherry H. Dunaway, City Clerk  rc040516  160-    JASTONIA Great Place. Great People. Great Promise. Proclamation  NC  WHEREAS, our Founding Fathers, in order to secure the blessings of liberty for WHEREAS, at the culmination of months of deliberation, debate and compromise, on WHEREAS, September 17, 2016, marks the 229th anniversary of the signing of the WHEREAS, through all its changes over the years, the Constitution's foundation has WHEREAS, Constitution Day and Citizenship Day are celebrated on September 17th WHEREAS, the adoption. of the Constitution and the independence guaranteed to  themselves and their posterity, did ordain and establish a Constitution for September 17, 1787, the Constitution oft the United States of America was Constitution of the United States of America by the Constitutional endured and adapted; and: iti ist the supremel law of ourl land; and  the United: States of America; and  signed; and Convention; and  each year during the celebration of Constitution Week, September 17th American citizens, whether by birth or by naturalization, should be celebrated by appropriate ceremonies and activities during Constitution proclaim September 17,2016, as Constitution Day and Citizenship Day, and September 17 through September 23, 2016, as Constitution Week and urge all citizens of Gastonia to reflect during this week on the many benefits of our Federal Constitution and the responsibilities and privileges  through September 23rd; and  Week.  NOW, THEREFORE, I, John D. Bridgeman, Mayor of the City of Gastonia do hereby  of American citizenship. ofour) Lordt two thousand sixteen.  IN WITNESS THEREOF, II hereunto set my hand this 6th day of September in the year  John D. Bridgeman, Mayor  ATTEST:  Sherry! H.Dunaway, belluetr  EXHIBIT E-1    JASTONIA Great Place. Great People. Great. Promise. gProclamation  NC  WHEREAS, the City of Gastonia is committed to ensuring the safety and security of all those living in WHEREAS, the Gastonia Fire Department's mission is to "Save Lives and Property and Proudly WHEREAS, Fire Prevention Week was established to commemorate the Great Chicago Fire, the  orv visiting our City; and  Serve the Citizens and' Visitors oft the City of Gastonia"; and  tragic 1871 conflagration began on October 8 which killed more than 250 people, left 100,000 homeless, and destroyed more than 17,400 structures. In 1920, President Woodrow Wilson issued the first National Fire Prevention Day proclamation; and  WHEREAS, nearly 3,000 people die each year as a result of U.S. home fires which averages to be WHEREAS, three out of five home fire deaths happen from fires in homes with no smoke alarms or WHEREAS, smoking materials, cooking equipment and heating equipment are thel leading causes of WHEREAS, the National Fire Protection Association recommends at least one smoke alarm on WHEREAS, Gastonia's residents are responsive to public education measures and are able to take WHEREAS, residents who have planned and practiced al home fire escape plan are more prepared WHEREAS, the 2016 Fire Prevention Week theme, "Don't Wait - Check the Date! Replace Smoke NOW THEREFORE, the Mayor and Council of the City of Gastonia do hereby proclaim October 9-  eight American lives lost each day; and reported home fires in half; and firei int the United States, and bedrooms; and  no working smoke alarms; and working smoke alarms would cut the risk of dying in  every level of the home (including the basement), outside all sleeping areas, and in all personal steps to increase their safety from fire, especially int their homes; and  and will, therefore, be more likely to survive af fire; and  Alarms Every 10 years!" effectively serves to remind us of the dangers associated with cooking fires and to develop and practice home fire escape plans during Fire Prevention  Week and year around; 15,2016, as:  "Fire Prevention Week"  in the City of Gastonia and urge all citizens to protect their homes and families by heeding the important messages of Fire Prevention Week 2016, and to support the many public safety activities and efforts of North Carolina's fire and Gastonia to be affixed this the 6th day of September in the  services.  emergency of our City two Lord,  IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the of  thousand and sixteen.  year  John D. Bridgeman, Mayor  Attest:  Sherry H. Dunaway, City Clerk  EXHIBIT E-2    MEMORANDUM  To: Date:  Edward C. Munn, City Manager  From: Hank Graham, AICP, Principal Transportation: g.  September 6, 2016  Subject: Resolution authorizing the City of Gastonia to enter into an agreement with the North  Carolina Department of Transportation Public Transportation Division for Section 5303 grant funds to conduct Transit Planning activities inl FY2016-2017.  Background  The attached: resolution isa requirement for the City ofGastonia as Lead Planning Agency for the Gason.Clevelamèlimehn Metropolitan Planning Organization (MPO) in order to receive the Section 5303 funds. Thes specific annual allocation of Section 5303 funding for FY 2016-2017is  $39,000.00 with Gastonia' 's share being $3,900.00. 53031 Funding Breakdown $31,200.00 (80%) Federal $3,900.00 (10%) State $3,900.00 (10%) Local (Gastonia's Share) $39,000.00 (100%) Totall Funding  Thet transit planning work program includes ridership data collection and analysis, ridership survey creation and administration and planning for the existing Gastonia Transit System and CATS 85X Commuter Route, including the new Midday Service route, as needed. In summary, major transit planning tasks will include continued work with the consultant hired by the City of Gastonia to complete an efficiency study for existing Gastonia Transit routes and associated cost estimates to improve system efficiencies, as well as other Regional Transit Planning. This agreement has been  reviewed and approved by the legal department.  Recommendation  Authorize the Mayor or City Manager to enter into an agreement with the North Carolina Department of Transportation - Public Transportation Division to conduct Transit Planning  activities inl FY2016-2017.  EXHIBIT 1-1    RESOLUTION AUTHORIZING THE CITY OF TO ENTER INTO AN AGREEMENT WITH THE GASTONIA CAROLINA DEPARTMENT OF PUBLIC TRANSPORTATION DIVISION TRANSPORTATION FOR 5303 GRANT FUNDS TO CONDUCTTRANSIT SECTION ACTIVITIES INFY2016-2017.  EXHIBIT  NORTH PLANNING  WHEREAS, the City of Gastonia has requested Transportation to assist in the funding of transit WHEREAS, the City of Gastonia will provide into NOWT a THEREFORE, BEI IT RESOLVED that the contract with the Department of  the North Carolina Department of  Lincoln MPO, including the collection of transit planning activities for the Gaston-Cleveland- element oft thel Metropolitan Transportation: Plan; and system data and preparation of the transit  described project; and  ten percent (10%) of the cost of the above City Manager is hereby authorized to enter  witht the North Carolina Department of Transportation and execute all agreements and contracts  Transportation- - Public Transportation Division.  Resolution adopted this, the 6th of September, 2016,  and secondéd by Council  upon a motion of Council member  affirmative votest to  negative votes. member  byavote of  John D.I Bridgeman, Mayor ATTEST:  Sherry H. Dunaway, City Clerk  Certificate  The correct undersigned duly qualified City Clerk oft the  copy of a resolution adopted as a City ofGastonia certifies thatt the foregoingi  legally convened meeting of the City of Gastonia isat true held and  on  Sherry) H.J Dunaway City Clerk (seal) Date  EXHIBIT 1-2    JASTONIA Great Place. Great People. Great Promise.  NC  MEMORANDUM  Date: To: From: Through: Subject:  August 22, 2016 Edl Munn, City Manager  Justin Gaff, Housing Code Enforcement. Administrator Brian Pruett, Building Code Administrator Rusty Bost, Director of Engineering /City Engineer Ordinance tol Demolish: 7201 N. York St.  The enclosed information is regarding the demolition ofa dilapidated structure. Thisisa On or about] March 19, 20151 the Codel Enforcement Division started a case after complaint fromi fire department due to condition of building. An exterior inspection of thel building revealed significant repairs that need to be made tol bring iti into compliance. AI Repair or Demolish Order was received by the owner and there have been no permits acquired for repairs to the structure. The Order tol Repair or Demolish has expired andt the  Commercial structure att the address stated above.  owner was sent an expiration letter. Significant issues on this property include:  Significant water damage. Collapsing roof system. Deteriorated: roof framing.  Missing ori inadequate, mechanical, plumbing and electrical systems.  Bids havel been obtained for the demolition of structure.  Bidi results: Cloningers Pioneer. Land Dev. $14,718 T&I L Grading  $13,749 $17,500  Staff Recommendation demolished and the lot cleared ofall debris. (Presentation: Brian Pruett)   Itis staff's recommendation that the structure at 720N. York St., Gastonia, be  Housing Cede Enforcement. Administrator  P.0. Box 1748 . Gastonia, NC 28053-1748 . Phone 704.866.6760 . Fax704.836.0010  www.dtyolgastonia.com  EXHIBIT 2-1    DEMOLITION CASE COUNCIL CHECKLIST: NEIGHBOR OR COMMUNITY POLICE DEPARTMENT FIREI DEPARTMENT SANITATION: DEPARTMENT TAX VALUE: $52,284 PUBLIC HEARINGI DATE: 2-9-16 OWNER ORI REP. PRESENT ATE HEARING INTENTTO REPAIR SIGNED SUPPLEMENTAL ORDER ONE OBTAINED REMODEL PERMIT SUPPLEMENTALORDERTWO  COMPLAINT FROM:  METER TAMPERING CODE ENFORCEMENT OFFICER TENANTCOMPLANT OTHER  R YES YES YES  NO NO NO  APPEALED  ISSUED: EXPIRED: ISSUED: EXPIRED: SUPPLEMENTAL ORDER THREE ISSUED: EXPIRED: ROUOR-NINSPECTIONS PASSED MISCELLANEOUS: EXPIRATIONLETTER PROPERTY: FORS SALE RECENT CONTACT FROM OWNER UTILITIES DISCONNECTED PUBLIC: NUISANCE CASES  YES  NO  DEMOLITION & CLEAN-UP WORKI FINISHED D YES  J NO  YES R YES  YES YES K YES YES  NO NO NO NO NO NO  DATE:  EXHIBIT 2-2    CaseAct Case Address 720NYORKST Location Description 5193 Issued Expire 03/19/2015 04/19/2015 II 03/19/2015 04/19/2015 STS 04/14/2015 04/30/2015 TPC 04/14/2015 04/30/2015 RR  City of Gastonia Codel Enforcement Division Case Event Information COMMERCIAL BUILDING  40514  Type CB  Activity Type  Assigned to 15629 JUSTIN GAFF 15629 JUSTINGAFF 15629 JUSTINGAFF 15629 JUSTINGAFF  INITIAL INSPECTION  5193 FIRE DEPARTMENT COMPLAINT WITHI PICTURES. PARTIAL ROOF COLLAPSE, PARTIALLYI BOARDED,  POSSIBLE' VAGRANTACTIVITY. 5193 SENTE FOR TITLE SEARCH  SENTTOATTORNEY (RE: TITLES TELEPHONE CONVERSATION  5193 CALLED CHURCH 704-865-9016. AND TALKED TOI DEKOTA MCCULLOUGH. EXPLAINED COMPLAINT FROM FIREI DEPARTMENT ANDI POSTING THEI BUILDING UNFIT. TOLDI HER WE WOULDI BEI MAILING NOTICE.SHE ASKEDI FORAI LIST OF DEMOLITION CONTRACTORS. GAVEI HER OUR COMIACTINPOAMATON-IO  RETURNI RECEIPT  5193:  7013 2630000189875941 DELIVERED041615  FRIENDSHIPBAPTIST: CHURCH OFI BAPTIST  04/14/2015 04/30/2015 RI 05/14/2015 06/14/2015 RI 06/15/2015 07/15/2015 TPC 07/28/2015 08/04/2015 MMO 11/03/2015 1I/10/2015 MMO 11/17/2015 11/24/2015 TPC 01/29/2016 05/09/2016 RI  RE-INSPECTION RE-INSPECTION  15629 JUSTINGAFF 15629 JUSTIN GAFF 15629 JUSTIN GAFF 15629 JUSTIN GAFF 15629 JUSTIN GAFF 15629 JUSTIN GAFF 15629 JUSTINO GAFF  5193 INSPECTEDI PROPERTY ANDI POSTEDI UNFIT. WILLI MAIL 151 DAYLETTER.  5193 STOPPED. ANDI DISCUSSED CASE WITHI PERRY DAVIS. HE WASA ATSITEDOING ASBESTOS INSPECTION.-JLC 5193 TALKED TO CHURCH, CALVIN BURRIS 704-674-2217, HE SAID THEY WERE WORKING ON GETTING QUOTES FOR THE ASBESTOS REMOVAL, BUT SAIDI ITS REALLY EXPENSIVE. GAVE HIM3MORE CONTRACTORS AND 5193 CALLED CALVINI BURRIS 704-674-2217. ANDI LEFTI MESSAGE. HE CALLED BACK ANDI LEFTI MESSAGE HE WOULDI KNOWI MOREI BYI NEXT WEEK. THEY ARE TRYING TO GET QUOATES. -JLG  TELEPHONE CONVERSATION MEMO TO THE FILE MEMO TO THE FILE TELEPHONE CONVERSATION RE-INSPECTION  ASKED: HIM TOI KEEP US POSTED. -JLG  THAT  5193 CALLED CALVIN ANDI LEFTI MESSAGE. -JLG  5193 TALKED' TO CALVIN. ANDI EXPLAINED THE PROCESS. ANDI REQUIREMENTSOFH PERMITTO1 REPAIR SHELL.  TOLDH HIM' WE WOULD ORDER HEARING! SOON ANDIWOULDLET! HIMI KNOW.  5193 POSTEDI HEARING: NOTICE  EXHIBIT 2-3    CaseAct Case Issued Expire 02/09/2016 05/09/2016 PH  City of Gastonia Code. Enforcement Division Casel Event Information COMMERCIAL BUILDING  40514  Type CB Activity Type  Assigned to 15629 JUSTIN GAFF  PUBLIC HEARING HELD  51931 HEARINGI HELD WITH CALVIS BURRIS, CHARLENE ROBBINS, BRIANI PRUETT, JUSTIN GAFF. CHURCH WAS IN THE PROCESS OF REMOVING BUILDINGI BUT THE DEMOLTION AND ASBESTOS REMOVAL WAS AROUND $31,000. THIS ORIGINATED FROM AF FIRE DEPARTMENT COMPLAINT WITH STRUCTURE ISSUES TOI ROOF AND VAGRANT. ACTIVITY. WE WILLI ISSUE THES 901 DAY ORDER TOI REPAIR ORI DEMOLISH. THEY ARE CURRENTLY LOOKING INTO STATE GRANTS AND' WE EXPLAINED THATIF THEY HAVEI PLAN WE WILL WORK WITH THEM.  04/11/2016 05/09/2016 MMO 05/24/2016 06/24/2016 MMO 05/24/2016 05/31/2016 MMO 07/22/2016 07/29/2016 BBR 08/18/2016 08/26/2016 TPC 08/18/2016 08/26/2016 RI End of Report.  MEMO TO THE FILE MEMO TO THE FILE MEMO TO THE FILE BIDSI REQUESTED  15629 JUSTIN GAFF 15629 JUSTIN GAFF 15629 JUSTIN GAFF 15629 JUSTIN GAFF 15629 JUSTIN GAFF 15629 JUSTINGAFF  51931 RECEIVED CALLI FROM CALVIN CALLI BACK ANDL LEFTMESSAGE.  51931 RECEIVEDI MESSAGEI FROM CALVIN THATTHEY WILLI NOTI BE ABLETODO/ ANYTHING WITH THIS  BUILDING. COST TOI MUCH TOI REPAIR ORI DEMOLISH. 5193 CALLED CALVISI BURRIS ANDLEFT: MESSAGEI FOR UPDATE  CONTRACTOR MUSTE BID ONI DEMOLITION OF STRUCTURE, CLEARING OF ALLI DEMOLITION DEBRIS/OTHER SCRAPMATERIALS, GRADING LOT FOR POSITIVE DRAINAGE. AND COVERING WITH SEED ANDSTRAW.DEMO TALKED' TO CALVIN BURRIS ANDI EXPLAINED THAT WEI NEED7 TOI DOI INTERIOR INSPECTION OF PROPERTY.-  PERMIT REQUIRED. SEWER MUSTI BEC CAPPED. ANDI EXPOSEDI FOR INSPECTION.  TELEPHONE CONVERSATION RE-INSPECTION  JLG  NOAPPARENTREPAIRSTOPROPERIY.  EXHIBIT 2-4    NCHESTERST  GRACE-ST  -  MORAN'ST  -  NYORKST    ISSTTVIN  a  -  EXHIBIT 2-5    08. 18. 201615  08_18.2016  DFANDCEILING  NATER AMAGEDROOF ANDO  ROOF ANDCEILING  WAERDAMAGEDROOFA NDCEILING  EXHIBIT  2-6    ORDINANCE: DIRECTING INSPECTIONS SUPERINTENDENTTODEMOLISH  Whereas, pursuant to Chapter 16 oft the Code of Ordinances of the City of Gastonia (hereinafter called the "Code"), the Inspections Superintendent of the City of Gastonia (hereinafter called the "Inspections Superintendent"): has requested the City Council of the City of Gastonia (hereinafter called "Council") to an Ordinance requiring him to demolish certain structures on certain premises which do not comply with certain adopt And Whereas, the Council hereby finds that the owners and parties ini interest in the premises, known as 720 N. York St., Gastonia, North Carolina, which premises are described in that certain deed commonly dated March 26, 2007, andi recorded March 27,2007, in the Gaston County Registry in Deed Book 4306, Page  safety standards established int the said Chapter 16 of the Code;  tov which reference is hereby made are as follows:  1165,  Friendship Baptist Church of Gastonia, Inc.  211 W. Bradley St. Gastonia, NC: 28052  And Whereas, the Council hereby finds that the premises are constitute a fire and safety hazard and are dangerous tol life, health or other property under the provisions of Chapter 16 of the Code; And Whereas, the Council hereby finds that there has been compliance with all applicable And Whereas, the owner of the premises, after having been given a reasonable opportunity to do failed and refused to comply with al lawful order of the Inspections Superintendent to  of  Chapter 16 oft the Code relative to the adoption oft this resolution; structure located on1 the premises within the time therein prescribed;  provisions or demolish SO, has the  repair  NOW,THEREFORE, BEI IT ORDAINED BYTHE COUNCILTHAT:  Section 1. The Inspections Superintendent shall cause the structure on the premises commonly known 720 N. York St., Gastonia, North Carolina, and described in the aforesaid deed to be vacated, Section 2. The cost of the removal or demolition shall be al lien on the premises to be collected Section 3. A copy of this Ordinance, certified as a true copy by the City Clerk, shall be recorded in the Gaston County Registry and thel Register of Deeds shalli index the name oft the owner in the "Grantor Index".  as closed, and pursuant  removed or demolished.  to Article 10 of Chapter 160A oft the North Carolina General Statutes.  Section 4. This Ordinance shall become effective upon its adoption.  Adopted this_  day of  20  Thel Honorable Johnl D. Bridgeman, Mayor  EXHIBIT 2-7    Ordinance ratified this by a vote of ATTEST:  day of  upon motion of Councilman  seconded by Councilman  affirmative to  negative notes.  City Clerk  CERTIFICATION  I Council  do hereby certify that I am the duly appointed City Clerk of the  City of Gastonia, North Carolina, and further certify that the foregoing is a true and accurate copy of an Ordinance oft the City of Gastonia on file in my office andt that such ordinance was adopted by order of the  City  oft the City of Gastonia at a regular meeting on the  day of  Witness my hand and the corporate seal oft the City of Gastonia, North Carolina, this  day of  20  (SEAL)  City Clerk  EXHIBIT 2-8    MEMORANDUM  DATE: TO: FROM: THRU:  August 25, 2016  Edward C.I Munn, City Manager Tucker. Johnson, PE, Assistant City Engineer Rusty Bost, PE, City Engineer  SUBJECT: ITEMI FORS SEPTEMBER 6, 2016, CITY COUNCIL MEETING  FINALI RECORDING PLAT BETHESDA OAKS PHASE: 3A MAP2  MREC DT Bethesda Oaks LLC has submitted a final recording located on the south side of Titman Road between South New Hope plat Road for their and property Lowell- Bethesda Road to be known as Bethesda Oaks Phase 3A Map 2. Map 2 contains 16 single-family lots. Approval oft this plat will increase the total number of 27 of84 maximum. The property is located within the Gastonia Corporate platted limits lots and to is The Gastonia Planning Commission approved the preliminary subdivision unanimous vote on May 9, 2013 subject to the conditions recommended by plat the by a Engineer in ai memo tot the Commission dated April29,2013.  zoned PDE PRD.  City  Public water and sewer wills serve the lots.  The owners plan to post a bond for the public improvements. This final or portion ofi its recordation is subject to the bond being reviewed and approved plat by the any Attorney's office. No building permit will bei issued until the bondi is approved City submitted and meets requirements of the Gastonia Subdivision plans as Ordinance. originally  plati is recorded.  and final  This final subdivision plati is in substantial conformance with the Therefore, this plati is] RECOMMENDED: for approval. (Presentation to ber made by: Rusty Bost) SnON TUCKER JOHNSON, PE Assistant City Engineer  EXHIBIT 3-1    AUTUMN DR  TITMAN RD  LAUREL OAKLN  SUBJECT SITE n RoN  SANDI POST OAKCT  AH OA  OAKUN  TURKEY  AVE  SCNENET  NEELYO GROVE RD:  EXHIBIT 3-2    -  - - -  EXHIBIT 3-3    MEMORANDUM  DATE: TO: FROM: THRU:  August 24, 2016 EdN Munn, City) Manager  Debby Key, Division Manager of] Fleet Services Joe Albright, Director of] Enterprise Services  SUBJECT: Item for September 6, 2016 City Council Agenda  ROUTE: MODIFICATION SOUTHI MARIETTA BUS ROUTE#3  Ina an effort to enhance the safety of the overall transit system, Gastonia Transit is recommending ai route modification to the South Marietta Bus Route #3. The change to the route consists of eliminating the left turn ontol Efird Street from S. Marietta Street (as shown below) and onl Marietta tot the signalizedi intersection at] Hudson Blvd. The rerouting provides aj protected. continuing left turn onto Hudson Blvd and eliminates a leftt turn with as site distance issue.  Bradley Stations STAR City Hall  41 Garrison  Village Square f Apartments Lingerfeldt School Elementary  Salvation. Army tf Stevense Ferguson Park Gastonia Mumicipg/Aldi Golf Course Bi-Lo Hudson  Aj public meeting was held on August gth at City Hall from 1:00pm 4:00pm. The meeting and proposed route change was advertised on July 30t,3 31st and August 1st. No one from attended the meeting nor has City staff received any public comments regarding the change. the public The route modification is proposed to go into effect on September 12th, 2016.. New route ands schedules willl be available at Bradley Station following the route change.  maps  RECOMMENDATION: approved.  That the proposed route modification to S. Marietta Bus Route #3, as described above, be  Exhibit 4    MEMORANDUM  Date: To: Thru: From: Subject: Background  Sept 6,2016  Edward C. Munn, City Manger V.Todd Carpenter, Assistant City Manager Beverly B.] Bieker, Chief Information Officer Service Contracts for Internet and Phone  The City of Gastonia currently utilizes Time Warner Cable and Windstream for internet access, with Windstream additionally providing our phone service. Thei internet speeds are 1001 Mbps and 50 Mbps respectively. Both internet services are centered att the Information Technology (IT) main hub. These contracts have all expired and have defaulted to a month to month service. City IT staff! have negotiated withs several internet service providers including Time Warner, DC74, AT&T, Level 3a and Windstream to update our service. DC74 and Level3 will bring the City a 1,0001 Mbps orl Gbps connection at) IT, as well as al Gbps connection at the Police Department, giving us two distinct paths of connection. Level 3 will also provide phone service to our three primary sites: City Hall, Police Department and Operations Center. These companies were selected based upont the level ofs service that they can provide. Separate Network Operations Group to service fiber customers.  Unique Advantages ofLevel3  Fast turnaround on network modifications.  Can provide additional bandwidth for a specific period, without paying for additional Network Maintenance Notification prior tot the event and can be scheduled around our Their previous business model was providing the underlying carrier infrastructure used by  bandwidth. schedule.  Ability to make changes tol lines/services via the customer portal. Ability to create and escalate trouble tickets via the customer portal.  AT&T, Time Warner, Charter and Windstream.  Unique Advantages of DC74  Provides al hub with 5i internet carriers that our connectivity will pass through allowing ust to  avoid relying on one carrier.  Their main offices are located in Western Charlotte.  Current vs Future Costs and Bandwidth 150N Mbps + Phone 2,000 Mbps + Phone 1,233%  Current Future Difference and opportunities. Recommendation  $72,577 $76,436 $3,859  This new bandwidth capacity willi immediately allow us to more quickly and efficiently replicate our data backups to ai remote location, as well as prepare the City for future cloud based The attached agreements have been reviewed and approved byt the City'sL Legal Department.  projects Itis  recommended that the attached contracts be approved.  EXHIBIT 5-1    DCPE DATACENTERS ori itst third party vendors. by reference and are an integral part of this  Dedicated Point to Point Bandwidth AGREEMENT - CONFIDENTIAL  Dedicated Pointt top Point Product Description- -D DC7#sl"Companyl: PointtoP Pointp Master ServicesA Agreementi isf for36 Months. The following documents are incorporated herein DC74.com1 Terms ofs Service:h tpywawd/Acomlpoltias/emsdksawt) DC74 Privacy Statement tp/ww.dc/Acom/palide/piwacypaiy, DC74.comA Acceptablel Use Pdlicy -wV DC745 Servicet LevelA Agreement- MPAAcmpi-wAankeasrmery Aftert terme end, this Agreement willa automatically! ber renewedf fors subsequent 12 month Agreementa applies. The Company reserves ther rightt to changet the prices andt terms oft this Charges- -The Customera agreest top payalloft the Company's properi invoicesfora alli installation checks, andd disconnectioni fees ande earlyt termination charges! IFthe Companyt terminatest payments within 300 days oft the date ond our Invoice or the Companyr mayo  to another (point Atop point BJT Theo dedicatedl linka ande equipment betweent thep points! product Is managed providesad by DC74 direct communlcation; pathi from onel location  Agreement.  term end. An early termination penalty of S0% oft the monthly recurring rate times the periods number unless ofr months written notice is provided 90 days priort to thet termination oft thisa agreement. Terms: Paymentf forf firstr montha andi installation tol bes submitted Agreement withs with 90 daysv writtenr notice to client priorto allo othero chargesi in connection witht thes services, including, butn notl limitedto,f feesf forl latep paymenta charges, servicet feesa and charges, equlpmentf fees, and dated off full paymenta atar ratet thatist thel lessero of( (1 1.5% perr month or (ijt thel chargey highestrate you interest ona all past duea amounts from thei invoice datet to the anyo oft the charges ont thei invoice, your mustr notifyt the Company immediately orn no later permitted bya applicablel law. Ifyou, the Customer, disputes noti inc disputer musth be paid whend due. Once thec disputei isr resolved, anya appropriate: than 30d days after thec date ont the disputedb bill. Alli items next bill, The Companyr mayt terminate anyo or alls services, withouta additlonal notice If; adjustments duet to the Customer orte to us willa appear ont the desiret tor restartt thes services, your may! ber requiredt top paya additional fees and deposits, paymentisn andt top notr reçeived when due. If, aftert termination, you HostingF Product, tos securet thep payment toftheF Fees dueu us, you, the Customer, grantt tot the prepayf fort the services. int thec case oft the Colocation the Customer Equipment. Int the event that the Customer fails to pay the Company all Companya acontinuing securityi interesti in, and! lient upon, restricty your physical access to the Space and Customer Equipment; and/or (N)t Customer, take anda a of reasonabie period to cure, the Company may () expense, ande exercise allremediesa available undert thel law applicable tot this Agreement, possession allv without beingl the Customer liable forp Equipment: ands store It, at your Equipment andl licenses purchasedo or providedk by Customer are, ands shall remain, yours solea are, ands ande exclusive shall remain, our: solea ande exclusive property. The (without regardt toit its princlples ofo conflicts ofl laws)a and applicablef federal laws ina accordancey with thel laws oft the State of! North Carolina enforce this Agreements shall bet broughti inas state orf federal court locatedi in and anya applicable tariffs, rules, and regulations. Any action to shallbes subjectt toa anya applicable governmental: rules, regulations, andt tariffsf flled Charlotte, North Carolina. Ina addition, our performance hereunder evento ofac conflict betweent thet terms ofa any applicable tariff, rule, orr regulationa andt byuso thisA ord oura affliates withs governingr regulatory authorities. Inthe respectt tos such conflicting provision. Allr non-conficting terms of thisA Agreement shall apply. Agreement, the tarlff, ruled or regulation shall control, with  remaining under thet term oft this signed Service Agreement. andi interest, chargesf forr returned or" "bounced" this agreement because ofy your default. Your will make all  Agreement with us,) you: agreet that, upon deliveryo ofv written notice toy you, the Usec ofE Equipment The Equipment and! licenses that have been provided by DC74, LLC Governing Law: This Agreement has! beenr madei in, and shall bec construed ande enforcedi  undisputed amounts owed to the Company under any  prosecution orf for damages.  property.  CustomerA Agrees; X Customer Signature Customer! Name Printed  DC74A Agrees dan DC74 Authorized Alan  Bsk  Date:  DC74N Name Printed: Frtpahrick  8,16/16 Date:  www.dc74.com 3101 International Airport Dr. Charlotte, NC 28208 P: 704-405-8636 F: 704-405-8608  Pageiof3  EXHIBIT 5-2    DCZA DATACENTERS  COMPANY CONTACT INFORMATION  BILLING CONTACT INFORMATION Company Leavet thiss sectionb blanki ifsame as company  Company Name: Primary Admin Contact: Title: Addressl Address2 City,StateZ Zip Phone Fax Cell Emaila address TECHNICAL CONTACTS Copy Name: Daytime Phone: CellP Phonc: Email: Copy Name: Daytime Phone: CellPhone: Email: Primary Name: Emergency Phone: Emergency! Email: Backup Name: EmergencyF Phone: Emergency Email: BILLING SUMMARY Total Setup Non! Reoccurring Charge(NRC) Total Monthly Reoccurring Charge (MRC**) TERM for MRC Initial Paymentl Due (NRC+ + 1*N Month MRC)  Name: info Billing Contact: Addressl Address2 City, Statez Zip Phone Fax Emaila address Please note: A copy gfalli invoices will bes sent electronically to! thee email address. Itis customer's responsibility 10 keepalls billing information current. #f payingb byc credito card, the physical billing address above mus! match the billing address for thec credit card statement PAYMENT! METHOD OCREDIT CARDI PAYMENTS Credit CardT Type EVISADVISA Check Card Credit Card! Number Expiration) Date: CVVCode: Nameoncard INVOICEPAYMENTS PONumber: Terms Netis NOTE:  Ext  Ext  MasterCard D American! Express  EMERGENCY CONTACTINFO  AUTHORIZATION 2514 DC74.com. Name Printed: 36Months 2514 Signature: X  $0 lauthorize DC74,LLCtob billn my credit card/bank account forall charges listingi inthis contracti relatedt tor mys service with  Date  Thec Customera agreesto tor mmaintaina accurateb billinga ando contacti information withd thec Companyf fort thec durationo ofthis Agreementi including credit cardbillingi information, telephone. emaila adiress, and postal address.  This Agreement includes the' Terms of Service on page 3  www.dc74.com 3101 International Airport Dr. Charlotte, NC 28208 P:704-405-8636 F:704-405-8608  Page2of3  EXHIBIT 5-3    DCTA DATACENTERS  Terms of Service:  1Gbi internet service is $2499/mo, and the LogicMonitor açcount is $15/mo. DC74 willl billt the First month payment due att time ofc contract execution. Secondi installment andi Customer is required tol havea a Gigabit capable Firewall installed between the DC74 connection ande end user access. Management ofthis firewall is the responsibility oft the customer. The City of Gastonia agrees that DC74 cant market the fact that the city is a client ofDC74 DC741 may inform GigWorks, the Gaston Gigabit Committee, the GGDC, or other entity where (e.g. it The City ofGastonia agrees toj provide (at no charge) space and power for the DC74 switch whichi ist the demarc point for circuits. The City agrees thiss switch is owned and DC74, and may be accessed and used by DC74 for future services (e.g. connecting operated to the by fiber DC74 service level agreements ensure 99.99% uninterrupted transit tot the internet (calculated Customers will be provided access to a self-service portal from Logic! Monitor The SLA and other policies and procedures are located at www.dc74.com.  City of Gastonia the total of$2514/mo for 1Gbs service. DC74 willy provide /28 CIDR IP. Address Space- 16IP's. months willl begin 30 days afters servicel has begun.  remaining  isl helpful tor mention our partnership).  ring). monthly.)  "MRC"- Monthly Recurring Charges.  Customer agrees to these' Terms of Service as) part oft the AGREEMENT.  Customer Initial  www.dc74.com 3101 International Airport Dr. Charlotte, NC 28208 P: 704-405-8636 F:704-405-8608  Page3of3  EXHIBIT 5-4    ADDENDUM' TO AGREEMENT  Company Name: Iran Divestment Act  DC74 LLC  As oft thec date oft this agreement, the contractor listed above is not listed on the Final Divestment List created byt the State Treasurer pursuant tol N.C.G.S. 147-86.58. Contractor further certifies  thati it will not utilize any subcontractor ont the list.  E-Verify Requirements  Contractor certifies thati iti isi in compliance with all applicable provisions of Article2 ofNorth Carolina General Statues, which generally provides that each employer, after 2, Chapter 64 employeet to worki int the United States, shall verify the work authorization ofthe employee hiring an E-Verify. This certification is a material representation of fact upon which reliance was through Contractor agrees that during the term of this Agreement it shall comply and shall subcontractors to comply with any and all applicable provisions of Article 2, North Carolina General Statutes, and Contractor agrees to incorporate in all further Chapter contracts 64 oft the subcontracts for the Project a provision requiring compliance with Article The undersigned hereby certifies that he ors she is authorized by the vendor or bidder listed  when this transaction wasi made or entered into.  placed require all 64 or above  North Carolina General Statutes. tor make the foregoing statements. Signature: Ma  2, Chapter of the  Date: Title_  8/1h6  BL  Printed Name: Alan Fitzpatick  Coo  EXHIBIT 5-5    Level(3) services ("Services") froml Level3.  MASTER SERVICE AGREEMENT  This COMMUNICATIONS, Agreement ("Agreement) is made as of thel last date offulle execution by the parties asi indicated below  LLC ("Level3 3") and CITY OF GASTONIA ("Customer"), and contains  ("Effective Date"), by and! between LEVEL3  the general terms and conditions applicablet to purchases of oft statingt the pricing and term ("Service Tem) for which Services are whichi willa installation duet to Customer delay ori inaction, Level 31 may begin by or for Customer, Customer will cooperate with Level where a related Service is disconnected. Title to alle equipment and Acceptable Use and Privacy Policies (available at www.level3.com) apply to date. Flxed charges arel blledi in advance andy usage-based charges aro billed amount by the due date and submit written notice of the disputed  1. Service Delivery. Requests for Services will be on Level 3 orders ("Orders") requested. The Service will continue on a month tor month basis att the charging Customer fort the Service ahd Customer shall pays such providing: () information (including firm order commitments software provided by Level 3 remains with Level 3. Level 3s then current 2. Charges. Invoices arec deliveredr monthlya and due 30d days aftert thei invoice ina arrears, partialr months being prorated. Level 3's standard amount detalling ther nature ofthe dispute andt thei invoices dIsputed. Disputes 3. Taxes and Tax Like Fees. Exceptf for Level 3's neti income tax, Customeri is certificates willb beg givenp prospective eflect uponr receiptbyL Level3. 4.1 from Termination. Leve! 30 or IEQ Customerf falls to pay Level 3 any undisputed charges when due pursue any remedies it may have at law ork Ine eqully. Ifc Customer cancels any or following delivery ofac Connection! Notice, () ail unpaid amounts for Service any) extent notr recovered byt thef foregoing, anyt termination) liability liability upon written noticet tol Level 3,1 provided () suchr notice is delivered to shalln nota applyy wherel Level3isc constructing facilities.  Customer electronically ori inv writing (a) of acceptance of the Customer Order expiration the Service Term at Level 3's then current rates. Level 3 will notify Commit Date") and (b) when: Service is installed (a "Connection Notice"), at whlch by deliveringt time the date by which Level 3 wili install Service (the "Customer Customer notifies! Level 34 within 3 days oft the Service Commencement: Datet thats Service biling will commence ("Service Commencement Date"). Unless billing wild commence ont the Service Commencement Date. IfLevel 3 cannot complete is notv working properly, the Service will be deemed accepted and Date. Customer will at its expense timely provide suitable access chargesv to non-Level 3 appear on Custamer's firsti invoicef following the Service Commencement removal of Level 3 network ande equipment. IFthird party local access services are obtalned facilities and power fort thei installation, maintenance, upgrade andlor information respecting clrcuit grooming, and (II) wrltten third (FOC)) party disconnection cross-connects FOCS to Level 3 Service(s), (i) necessary authorizations and other 3by interest att thel lesser of1 1.5% per month or the! highestr rate allowed charges by law. apply Customer to moves, adds or changes agreed to by Level 3. Past due amounts bear unauthorized use. IF Customer disputes an invoice, Customer wil pay the undisputed agrees to pay all Service charges, even if Incurred as ther result of disputel isv waived. Ifad disputei is resolveda against Customer, Customer will the must be submiited within 900 days oft the date oft the invoice ort the rightt to mayr require as security deposit of upt to2r months estimated charges as a conditlon payt disputed: amounts plusi interest fromt thec due date within: 30d days. Level3 non-usagel based Servicei if Customer falls to timely pay Level 31 hereunder orl to accepting an order or, for a) usage- based Services at any time; or condition. Ifany changei in applicable law orr regulation affects the delivery Level 3 of reasonably determines that Customer has hada an adverse change b) in ando Customerr mayt terminatet thea affected Service withoutt termination liabilty byo deliveringv Service, writtenr Level noticet 31 may pass anyl Increased costs through to Customer (which will beg grossed up) and other tax like charges imposed on or incident to responsible the for all taxes, fees, surcharges, licenset fees, foreign withholding affliates). Level3mayr recovert taxes, fees, ando certain costs of administering thes samet provision, sale or use of Service (whether imposed on Level 3 or its other party, then ther non-defaulting party mayt terminate this Agreement or Agreement Order, Iny ands such failure continues for 30 days after written notice fromt the Customer willp pay Level 3at termination charge equal to the sum of: if terminates Service for convenience orl Leve! 3 terminates Service for cause, termination charges fort the cancelled Service; (i)f for "on-net" Service, 1 (A) month's prior to dellyery of a Connection Notice, 0 for "off-net" Service, third party charges for the cancelled Service; and (M Level 3's out of packet costs (if monthly incurred recurring charges fort thec cancelled Service; (H) the non-recurring 1-12 ofthe Service Tem; (li) 50% oft ther remalning monthly recurring actually provided; () 100% ofthe remaining monthly recurring charges (ifa any) for incurred in constructing facilities to the'e extent such construction payable was undertaken parties to by Level 3r resultingf from thet termination and any out of pocket costs installation of Servicei is delayed byr moret than 30 business days) beyond the Customer provide Commit the Services. In lieu of instailation Service Level credits, if 5. GOODWILL, LIABILITY LOSS LIMITATIONS. OF ANTICIPATED NEITHER PARTY WILL BE LIABLE FOR ANY DAMAGES FOR LOST PROFITS, LOST REVENUES, INCIDENTAL, SPECIAL, CONSEQUENTIAL, SAVINGS, LOSS OF DATA, THE COST OF PURCHASING REPLACEMENT SERVICES, LEVEL 31 WILL HAVE NOI LIABILITY FOR ANY EXEMPLARY CLAIMS RELATING ORF PUNITIVE DAMAGES IN ANY WAY RELATED TO1 THIS AGREEMENT OR OR ANY ANY INDIRECT, ORDER. WARRANTIES OR REPRESENTATIONS RESPECTING THE TO 911 OR OTHER EMERGENCY REFERRAL CALLS. LEVEL 3 MAKES NO WARRANTIES OFI MERCHANTABILITY ORF FITNESS FORAPARTICULAR SERVICE, PURPOSE. EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY Outages". IfLevel3 does notn meeta a Service Level (basedo oni Level 3sr records) interruptions. Periods off force majeure and maintenance are "Excused Customer Service. Credits must ber requested within 60 days aftert the event applicable service credits willl bei issued upon Customer's request toLevel3 deliver ordefectsii ins Service are containedi inthe Service Levels (ifa any). giving riset to the credit. Customer's soler remedies for any outages, failures to business. Except forl Level 3's gross negligence orv wilfuln misconduct, Customer this Agreement! but Customer may uses such Servicei int ther normal course ofits claims arisingf from or relatedt to Customer's use ofthe Service. Nothingi int this wili indemnify and defend Level 3, its affiliates andt their agents against any disclosedt tot third parties. Notices willl ben madei inv writingt tot the address below, lfno acquiredi inp performing this Agreement is confidential ands shall not be this Agreement to any address identified in an Order. Services may bep provided Customer address Is provided! below, Level 3may provide notices under both parties. Neitherp party will be liable, nory willa any remedy provided! byt respecting this thes subjectr matter hereof and can only be modified inav writing provide party's reasonable control. Ife either party fails to enforce any right or remedy Agreement under this be available, fora any failure to perform duet to causes beyond signedby such  to enable  Customer's usec of Service,  financlal  toLevel3within 300 days.  througha ap percentage surcharge(s) on the Services. Valid exemption ands such failure continues for5 business days after written notice whole ori in part, and subject to the limitations oft this Agreement, In constructing facilities necessary for Service delivery or Date, Customer mayt teminate the affected Service without  () either partyf fails too observe any otherr material term oft this  months  (B)  tot third charges for month 13t through the end of the Service Term; and (Mv) to the prior delivery ofa Connection! Notice for the affected Service and () this right  LOSS OF  6.. Service Levels. The Service level commitments ("Service Maintenance oft the Serviçe may, but ordlnarily will not, resuit in Levels") limited Service 7. Assignment. Customer mayr nota assigni itsr rights or obligations undert this Agreement unreasonablyv withheld. Customer mayr notr resell Service providedp pursuantt tot 8. Miscellaneous. Except as required by! law, allb information ofac confidential nature Services. ThisA Agreementi Ist thee entire agreement betweent the parties Page 1of1 11--CITY OF GASTONIA- 2-GDPFKC  for Services are  stated in the applicable Service Schedules for each Service. or any Order without the prior written consent ofL Level3, nott to! be Agreement, express ori implied, confers upon any thirdp party anyr right, benefit by Level 30 or its afiliates and Leve! 3 may use third parties to Agreement, such failure will not waive ther right orr remedy. This  orremedyu undert thisA Agreement.  02016Level30 Communications, LLG, 1025E Eldorado Blvd., Broomfield, CO8 80021F Proprietary and Confidential  EXHIBIT 5-6-    MASTER: SERVICE. AGREEMENT  Agreement will bes governed bya and construedi in accordance with the laws oft the State of New York, without addendumlagreement (as approved by local authorities) (LCA) with ther respective Level 3 affliate which  to its  partys shail comply with alla applicable! laws, rules and regulations associated respectively with Level 3's delivery regardt or Customer's conflict of laws provisions. Each Agreement. With respect to Services provided In Latin America, Customer agrees that it (or its local affiliate) will enter use ofti a the Services undert the affiliatev willii invoicet the Customer (ori itsi locala affiliate) partyt tothel LCAf fort ther respectivel local Service(s). provides thel local Service(s), and such Level3  into separate local country  LEVEL: 3 COMMUNICATIONS, LLC ("Level3") 1025 Eldorado Blvd. Broomfield, Colorado 80021 Attn: General Counsel By. Name_ Title_ Effective Date:  CITY OF GASTONIA 200ELONG/ AVE ("Customer") GASTONIA, NC 28052 US Attn: Beverly Bieker By. Name Title_ Date:  Page2 2of11--CITY OFG GASTONIA- 2-GDPFKC  020161 Level30 Communications, LLC, 1025 Eldorado Blvd., Broomfield, CO8 80021 Proprietary and Confidential  EXHIBIT 5-7    MASTER SERVICE AGREEMENT SERVICE SCHEDULE LEVEL30E ENTERPRISE VOICE TDME BASEDS SERVICES (Version Issue Date: September 14,2 2015)  1. Applicability. This Service Schedule applies onlyt to Level 3's TDM-based provision of Enterprise Voice Local Dedicated and Switched Long Distance and International Toll-Free and Universal Toll Free Services ("Enterprise Service, TDM Voice T1, Services" or "Services") andi incorporates the terms oft the Master Service Agreement under which Level Customer (the" Agreement). This Service may ber referred to as ISDN PRI, ISDNI BRI, Digital Trunk, Business 3 provides Services to LD, Enterprise Voice Long Distance, Voice T1, Enterprise Voice Outbound, Enterprise Voice Toll Free, International Line, Centrex, PIC Number (FN), and Universal International Freephone Number (UIFN), ond quotes, ordering andi invoicing documentation. Freephone 2. Service Description, The Enterprise TDM Voice Services below are TDM-based and provide, as relevant, Public Switched Telephone Network (PSTN) connectivity, outbound (1+) access to U.S, (interstate and intrastate) and inbound (8XX) Service, andi intemational tollf free calling. The! basic offerings, where available, are: Local Service: Customer access to the PSTN for the placing and/or receiving of local (including 911) and Service may bec delivered via Business Line, Centrex Services, Primary Rate Interface Dedicated Long Distance: Customer accesses Level 3's long distance network for ("PRI)or outbound and Circuit. toll dedicated access line usede eithere exclusively forl long distance ors shared withl Level 3Local Service Switched Long Distance: Customer accesses Level 3's long distance network via local access facilities Toll Free, International Toll Free Service (TFS" or "IFN and "UIFN") provides access, traffic overl Level 3'sr network. IFS calls may originate fromo countries where Level 3 offers service. transport AE BTN ist the billing telephone number oft the circuit that ist the origination point ofa call. A CPN is the actual number ofthe origination pointo ofa call. More than one CPN may havet thes same, single BTN. Enterprise TDM Voice Services may be used as local and long distance voice access services to serve enterprise premises telephony equipment, such as phone sets, key systems and PBXs. Services are available single distinct enterprises who will utilize the service for customary, normal, and reasonable. business use. Notwithstanding only to single, the contraryi int the Agreement, Customer may notr resell ori incorporate these Services intos services its sells tot third parties. anythingt to Dedicated Access: T1, DS3, OC-n. Multiple configurations are supported: DOD, DID, channelized DIOD and standard  Voice  international locations, intralATA calls. free services via a not provided by andt termination of voice telephone or multi-station  T1  Level 3  Applications and Configurations.  customized tor meet Customer's application needs. Channelized/ DIODs servicei is nota available with PRIS service.  DIOD, for signaling. with or as part of originates and/or set forth below), the  . PRI. PRI Circuit configuration is ISDN, twenty-three (23) B channels for transport and one Rates and charges fort the Service (Rates") will be set oute either Qi ina a rate schedule Customer's Order for the Service, or (i ina aj pricing schedule attached hereto (ine either provided case, the' "Rate terminates callst tot thatl location, Customer will bel billedl Level 3's standard usager ratei fort those calls. Unless otherwise statedi in a Rate Sheet (and as may be changed by Level 3 via a Rate following minimum callo durations willl beb billedi in the! billingi increments thatf follow;  channel (1) D in conjunction Notice as Change seconds 6 6 60 6 party willl  Rates and Charges.  be changed as set forth herein. If Customer is not provided ar rate for a particular location and customer Sheet) as the same may  Type ofService Domestic Outbound LD International Outbound (except Mexico) Mexico Outbound Domestic andl international" TollF Free  Minlmum Calll Duration (Call Minimum)i in Blling Incrementsi in  18 seconds 30 60 30  Local calls may! bel billed as local unlimited calling, local measured rate (per minute), orl local call  local measured rate, ther minimum call durationi is 60 seconds and the billing increment thereafter per is usage rate. Where billed as Service usage charges are based on actual usage of Service and begin when the called answers, as determined In addition to such minimum commitments as stated herein or in the Agreement, the Enterprise TDM and/or Customer Order(s). For such Service(s) with a minimum commitment ("Committed MUG) whichy bes seti forthi ini the Rate Sheet(s) billing cycle following the Rampl Period (defined herein) for such Committed Service and Service"), commencing ont the first full Pricing Term or () asl long as Customer continues tor receive such Committed Service, Customer continuing through the longer of Q the Committed Services to amount tor no less than the minimum commitment or MUG in monthly invoiced commits each month tou uset the  andr message rated local usagei is only availablei inl limited markets. supervision, ande endy when either parly disconnects thec call.  60 seconds. Flat, measured  by answer  subject to ai minimum commitment(s) (also called! Minimum Usage Guarantees or  Voice Services may be Aggregate VRC Charges  Page3 3of1 11--CITY OF GASTONIA- 2-GDPFKC  02016 Level30 Communications, LLC, 1025 Eldorado Bivd., Broomfield, CO8 80021 Proprietary and Confidential  EXHIBIT 5-8    MASTER SERVICE AGREEMENT  (the "Revenue Commitment"). "Aggregate VRC Charges" shall mean the charges on ani invoice fort the responsible for any separate cancellation or early termination charges for local access services). For Period" shall mean thep period commencing an the Service Commencement Date herein and Surcharges. Customer agrees to pay the following surcharges, where applicable, in connection with Short Duration Call Surcharge. Iffor any reason @t the average call duration for Customer's of seconds, ine either case when measured: across al billing cycle month, then an additional aspecific Customer account number) in ak billing cycle month byt the total number of calls of that i. Unauthorized PIC Change. An Unauthorized Carrier Change Charge may be LPIC Change Charge. Level 3r may electt to assess Customer al PIC Change fi. Carrier Line Charge orF Primary Interexchange Carrier Charge (PICC). Level 3 may assess  and usage charges fort the Committed: Service. The Revenue Commitment! is at take-or-pay commit: Customer monthly recurring charges of@) Customer's: actuali invoiced Aggregate' VRC Charges or (i)t the Revenue Commitment. Customeri is shall pay the higher Revenue Commitment and is not responsible for any separate cancellation charges for Committed obligated Service for 100% ofthe  (but shall be purposes herein, the' "Ramp expiring on the date oft the second Enterprise TDM Voice shall be Service is less than 90 that Service type (appliedt to typei int billing cycle month for  Level 3i invoicet forv whicht the Servicei is billed.  Services:  than 30 seconds or () the average call duration for Customer's use of Toll Free Service, IFN use or UIFN Long Distance Service is less thea applicable Service type ont the applicable Customer billing accounti int that billing cycle charge, month, For thep appliedt to of all calls using average call duration shall be calculated by dividingt the aggregate duration of all calls using the applicable purpose this provision,  that account. PICLong Distance Service: Voice Long! Distance Services by! Level3 3. IXCt to another. fori lines PIC'dt tol Level 3. 6. Billing & Rate Conditions.  each PIC may if end user's Chargei ane  prior valid authorization. Repeated unauthorized PIC changer requests by Customer applied resulti to in discontinuance change made without  of Enterprise ANI is PIC'd from one Customer a carrier line charge (ncluding Ancillary Charges)  Third Party Charges. Customer understands that the charges  applying tot the Services are reflective oft the charges levied on Level 3 by third  who terminate calls to numbers on networks owned and/or operated by those and party other providers third ("Third Party Charges") thosel Third Party Charges may bes subject to change during thet termi forv whichi the Services aret to party providers, and that to Customer. Level: 3r reservest the right, upon 300 calendar days' advanced Rate Change Notice, toi bep increase provided! by Level3 specifico call destinations and/ort to change Ancillary Charges or Surcharges based on changes tol Third Party Charges. ther rates for set forth herein which may be provided as a bill insert message with Customer's invoice or other ord written other charges as Rate Change Notifications shall take effect as stated therein but nos sooner than as otherwise changes set forthi in such Section 6 (a) or (b), Customer Limited Termination elect Right Related to Rate Changes. On receipt of Rate Change Notice under Change Notice) and (i) any third parly early termination charges incurred by Level 3 in (ncluding as adjusted via Rate circuits provided to the Customer as part oft the Service which aret terminated under this Section. terminating any local access such calls willi incur charges att ther rate(s)i identifiedf fori international terminationa ass Canada, seto outii int the Customer's outbound Rate portion Plan. ofa all Traffic Rating. Voice usage rating isb based ont the origination and termination point oft thet traffic. Termination! geographic location using the specific rate center(s) of the called party's NPA/NXX. To determine is based on jurisdiction, Leve! 31 will utilize different methods depending on T1 or PRIS service. Customer outbound (end user/Customer to PSTN) traffic over a Level 3 circuit that did not originate may not, ina any case, send PRI: Level 3 shall use Customer-delivered Calling Party Number ("CPN") as the valid CPN tol Level 3is a material obligation of Customer. Customer warrants and origination represents point the call. Delivery of numbers provided for each specific Circuit represent the originating locations the that the Level 3 telephone Customer is purchasing a Foreign Exchange (FX) product). The termination point (or local is calling area from which and allt traffic not destined for the Customer's pre-s selected XC or dedicated samel local calling areas as Customer's service address ora atar modem data special  Rate Change Notices. Level3n may sendt to Customer a notice changing rates  includingt toa ane e-mail address as setf forth herein (a' "Rate Change Notice"). Customer's e-mail  notification,  Rate Changel Notices hereunderi is: L  3. The rates or address for purposes of  Schedule.  provided int this Service to pay 0 all charges  may tot terminate the Service without obligation other than Charges for IFN and UIFN service will be set out in Customer's Rate Plan.  already incurred in respect oft the Service up to the effective date of such termination calls to a destination that is outside the continental United States, Hawaii and  then the If Customer redirects  originating call  specifict to ther rate centeri inv whicht the Circuiti isl located. T1: Thec origination point oft the call is based ont the BTN.  from a Level 3j phone number  of  oft access the calli the destination number, facility shall terminate int the service locatedi int thes same local callinga area.  Page 4 of11--CITY OFG GASTONIA- -2-GDPFKC  020161 Level30 Communications, LLC, 1025 Eldorado Blvd., Broomfield, CO8 80021 Proprietary and Confidential  EXHIBIT 5-9    MASTER SERVICE AGREEMENT  Level 3 reserves the right to charge the highest applicable rates int the local call plan for any local calls and in the distance call plant for anyl long distance calls that originate from non-Level 3or unknown numbers (not 10 digits or noti long in the LERG). Ifa long distance call plan is not associated with Customer's service, Level 3 will add the current distance rate plan to Customer's service to charge fort these calls; ina addition, Level 31 retains the right tot terminate long Servicei if Customer delivers traffic tol Level 3withouta av valid CPN orl Level3 otherwise deems Customer's traffic circumvented: access charges. AV valid CPNi ist thec calling party's Level 3a assigned ten (10) digit telephone number as having the North American Numbering Plan, excluding special-purpose phone numbers, such as 8XX, 950, 555 and! N11. within Int thee event any thirdp party requires an audite ofL Level 3'sr minutes oftraffic, Customer will cooperate with such audit, atan expense tob bes sharede equally byt the parties. Customer shall grant Level 3or such third parly access to CDRs and other necessary information reasonably available solely fort the purpose of verifying Customer'st minutes oft traffic.  the  7. Scope. Level 3 is authorized to act as Customer's agent in placing orders with other carriers in order  elecommunications. services, ifrequested! by Customer.  to provide  Restrictions.  NoF Resale. Notwithstanding anythingt tot the contrary in the Agreement, the Service is a retail only service and resale Service in any form is strictly prohibited. This provision may only be changed by amendment to this Service Schedule oft the No Non-Conforming Use. The Service may not be used by Customer top provide voice content related services such chat online services, broadcasti faxt transmissions, ord other application that generates more predictive thant ten (10) dialers, calls pers second. premium rate ass set forth in section c below, the Service may not usedi in connection with call center applications and Customer shall Except usel least cost routing (LCR) in conjunction with the Service. Any use oft the Service in violation oft this Section Section not 9 belowi is a" Non-Conforming Use". Int thee event Customer uses Services fora al Non-Conforming Use, Customer shall or for the difference between the rates for conforming use and the higher rates which Level 3 would have Conforming Use. Ina addition, ifin! Level 3's reasonable] judgment Q Customer's usage disproportionately terminates applied to for Non- originates in high cost areas ori international cell phones or (i) Customer is using the Service fori 3r may, atit its option, provide Customer with 3 calendar days' notice tor modifyt traffic to correcti its usage Non-Conforming andi if Customer Uses, fails Level modify its traffic or correct usage, Level 3 reserves the right to adjust usage rates tos such rates set forth in the notice to immediately terminate the Services. Customer shall remain! liable fora all usage charges incurred prior tos sucht termination or also for any Revenue Commitments through the end oft the Service Term. Customer will indemnify Level 31 from claims and Customer may uset the Service for call center applications orr may use least cost routing with Level written consent (which may! be granted inl Level 3's sole discretion). If Customer seeks tou only use the Service 3's in connection express signed call center operations, Customer must provide Level 3 with detailed traffic forecasts and will discuss Traffic Integrity. Customers shall not: (1)r re-classify orr re-originatet traffico ort take any other action tor make traffic appear asi ifit: anything other than thet type oft traffic deliveredt to Customer (ncuding! butr not! limitedt to making TDM IPC originated) or () originatedf from ap place ord ona at type ofe equipment differentf fromt thep place ort originatedt ofe equipment traffic appear tob be fact, originated; or (2) modify, alter or deletei ina any manner calling party number information, originating type point codes from or where other it,in signaling information, or call detail in connection with the transport andt termination oft traffic tot the called request, Customer shall certifyi in writingi its continued compliance witht this Section. 10. Fraudulent Calls and Unsupported Calls. Customer shall ber responsible for paying! Level 31 for all incurred as a result off fraudulent or unauthorized use, Level 3 may, without liability, takei immediate action charges to are nots supported by the Service, which may harm Level 3's network, or are fraudulent or suspected tob bef fraudulent, prevent which without limitation, by denying Service to particular Automatic Number Identifiers (ANIs) ort terminating Service from including locations. Int the event Customer discovers orr reasonably believes fraudulent calls being made, Customer to or specific  executed by authorized parties for Customera and Level 3, nok less formal consent willl be binding. lines, The Service may not be used for ori inc connection with auto dialer applications,  calls to as  bel liable andlor any with location-specific Qis any Level parly. Upon 3's for Service, even if calls shall notify Level 3as  arisinga as aresulto ofa any! Non-Conforming' Use. constraints relatingt tot the Service.  soona asp possiblea at1 1-800-348-5457.  11. Service Levels.  Thef following Servicel Levels apply only! to Customers who are end-users ofs Services. a, Availability Service Level. The Availability Service Level for this Service is 99.9% per month. "unavailable" ifitis unable to make or receive calls forr reasons other than an Excused unavailable, Customer will be entitled to a service credit off oft the Monthly Recurring  Anu unavailability Service is considered  from the time Customer opens a trouble ticket with Level 3 until the affected Service Outage. is restored. Int the event eventi that isr Service measured is based ont the cumulative unavailability ofti the affected Service inas given calendar month as Charge set forthi ("MRC") int thet followingt the affected table: Service  for  Cumulative Unavailability (in! hrs-mins:secs) 00:00,01-00:43:00 00:43:01- 02:00:00  Service Level Credit (%of MRC) 0% 5%  Page5 50f11-CITY OFC GASTONIA 2-GDPFKC  020161 Level30 Communications, LLC, 1025 Eldorado Bivd., Broomfield, cO8 80021 Proprietary: and Confidential  EXHIBIT 5-10    MASTER SERVICE AGREEMENT  02:00:01- -04:00:00 04:00:01+  15% 25%  b. Limitation. The Service Levels stated herein do not apply to any Services which originate ort terminate  States. Customer will be entitled to receive credits on only one Service Level in any calendar month (even outside of the United more than one such Service Level). Customer wille elect which Servicel Leveli its seeks to exercise wheni its ifLevel 31 fails tor meet without termination liability if, for reasons other than an Excused Outage, the Service Service is "unavailable" prior tot the (as end oft the Service Term immediately above) for moret than 600 consecutive minutes ine each of3 consecutive calendar months, orf forr defined in subpart 11a the aggregatei in any calendar month. Thet termination right must bee exercised within 300 days oft the event giving more riset than toit. 24! hours in connection witht this Service. Where Customer's usage ofl locala access circuits provided by Level providers) 31 inc connection onlyf for Customer's use in otherwise agreed with Customer, Customer agrees top pay the additional charge(s) billing set out cycles, belowi in: addition notwithstanding to  toLevel 3.  claim for credits isr made  C. Chronic Outage. Asi itss soler remedy, Customer maye elect to terminate any affected 12. Local Access Provided by Level 3. Level 3 provides local access circuits (viat third party falls below the minimum usage level set out below in two consecutive monthly  then,  with this Service any pricing any other charges  payablei in respect oft the Service.  Local Access Circuit Type Minimum Usage Level  Additional Monthly $300 $375 $8,500  T-1 E-1 DS-3  30,000 minutes perr month 30,000 minutes per month 500,000r minutes per month  Charge  IfLevel 3 notifies Customer of an: additional charge pursuant tot this section 12, Customer may, by written notice, the applicable local access circuit, provided thati ifCustomer elects tos sot terminate al local access circuit which itv wasi initially ordered, Customer agrees tor reimburse Level 31 for any early termination fees levied withint the Level Service 3 Term for T1or PRL For all Circuits, Customer must have a digital PBX (or equivalent) with the DS-3 Muxing Equipment. IFDS-1 handofis required, Customeri is responsible forp providing  elect to terminate by the third card to support  party provider ofti that local access circuit. 13. Equipment Required. either PRIO orT1.  onl interface appropriate andi necessary space  appropriate  and power fort ther muxinge equipment. 14. Additional Service Specific Terms. A. Local Service.  Level 3 will provide 911 Services for all Local Services, meaning functionality that allows callers services. 911 Services include enhanced! 911 Services, which have the ability tor route an caller (subject tot this section and Customer's obligations herein). Where enabled ont thel Level 3 by Level 3 into the Private Switch/Automatic Location Information (PSIALI) database. by andt the address locationi information ofthe BTN1 fort that CPN. Wheret the ability that BTN. Level 3 will pass the respective BTN tot the PSAP where 911 is dialed, and the PSAP int physical address associated with the BTNf for all ofit its CPNS. Ifin this later case Customer information on a CPN basis, Customer must procure such functionality will provide Customer 90 days' advancedy written notice ofs such change. Level 3s strongly advises that Customer does not allow any number to become completedi fort thatr number, Customer acknowledges the calls may not be properly bes sent regarding end user location. Customer agrees toi fully indemnify and hold completed Leve! 3, jts 020161 Level3 3Communications, LLC, 1025 Eldoradol Blvd., Broomfield, COE 80021 Proprietary and Confidential  to contact to emergency relevant to the tol Level and asl loaded provide the PSAP with the CPN operator will reference the or CPN is used and  Answering Point ("PSAP) assigned to the caller's location and to provide at telephone number emergency and address call the Public Safety the PSAP with the CPN andt the address location information for that CPN as provided! Customer network, Level 3 3 will provide information is providedt toL Level 31 by Customer in accordance with the foregoing, Level 3 will If no specific address location to PSAPS is not enabled on the Level 3 network, Level 3 wil assume that the top provide Customer CPN will and CPN address information location/circuit (fort thel BTNa anda allo ofits CPNs), and Level 3v wilr register that single service locationi have the a PS/ALI single BTN service Customer (or such enhanced 911 provider on behalf of Customer) must provide through the party address enhanced location 911 provider and ensure the accuracy ofF PSIALI database. Ina allo cases, delivery ofa valid CPNt tol Level specific 3f from Customer is information to 3enables additional functionality oni its network, Level 31 may modifyt the Service related tov whether al BTN required. As! Level database updates for each number havel been completed. Customer understands active that thisi interval the PSIALI and PSAP Customer provides its End Users any active number prior to confirming that the relevant E911 database may be significant. If anda assigns, harmlessi from anda againsta any costs, losses, or damages arisingf from the use ofs suchr employees, affiliates, agents,  database for  a third requires specific address location  unless  and/or incorrecti updates have been number(s).  information. may  Page6 6of11-CITY OF GASTONIA- 2-GDPFKC  EXHIBIT 5-11    MASTER SERVICE AGREEMENT  ltist the Customer's responsibility to understandi the state laws that pertain to Customer inr regards to E911 Upon discontinuance of Service, Customer shall ber responsible forr releasingt telephone numbers from the Other Jurisdictions. Forl Local Services provided inj jurisdictions outside the United States, specific additional callingt terms may! ber required andv will be addedt tot this Agreement upon Level 3 request @ Change of Responsible Organization. Unless otherwise provided for herein, Level 3is the Responsible Free Numbers. Customer represents and warrants that it has all necessary rights and authority Responsible Organization, willp provide copies ofl letters ofa authority authorizingt the same upon request necessary (andi in thet by Level 3) ands shall indemnify, defend and hold harmless Level 3 andi its affiliates from any third parly claim related format requested out of anys such change (or request fors such a change). Porting! by Customer of Toll Free Numbers notr relieve Customer ofi its obligations under thel Toll Free Revenue Commitment (if any). ( Level 3 does notg guarantee the availability of any requested" Toll Free, IFN or UIFN Toll Free number andi verbal confirmation to Customer of Toll Free number availability. Customer may not reserve or activate such is a not Toll bound by any fort thep purpose of selling, brokering, orr releasingt thel Toll Free number to another person for anyf fee or other consideration. Free number 3may, without liability, block any Toll Free number having usage surges or heavy traffic loads that termination of Service, Customer does not submit av written requesti fort the appointment ofa new Carrier fori are atypical. If, upon within thirty (30) days of such termination, then the number(s) will be retumed to the independent administrative its Toll Freei number(s) reassignment. Ifatt thet time ofc cancellation ort termination of Toll Free services, Customer owes an outstanding balance agency for orr more) to the Responsible Organization oni its Level! 3 account, then Customer's Toll Free number(s) shall (D) Customer agrees thati ifal US TollF Free number has multiple carrier routing or SMS Emergency Reroute split between Level 3 and another Carrier, Level 3 will receive a minimum of 20% of the traffic for that whereby thet traffici is month or Customer willl be assessed ar make-up-to minimum charge equal tot the difference between 20% oft Toll Free number each Toll Free number expressed in US Dollars andt the amount that Level 31 received. TollF Free callt toas switched telephone number fort termination, switched voice rates will lfCustomer apply tos such call. orr re-routes a dedicated (VI) Customer acknowledges that QI IFN orl UIFNT TollF Free /Freephone numbers may be owned! thei Customer or Level 3, (i)t that thes supplyo ofr numbers bya PTT orr regulatory authority may be conditional byt in-country upon Customer PTT andr nott the information, letters or other documentation and (il) thatt the PTTI may deny the service related toa a specific number if they dor not approve oft ther manner or purpose granting for ofa which itis used. and/or discontinue transfers service inr respect of such Toll Free/Freephone numbers provided byl Level 3toa another carrier and If Customer wishes to other regulatory authority supports portability oft the applicable numbers, Customer should not cancel service the applicable PTTor Customer's new carrier confirms thats service has been transferredt to avoid disruption ofs service. 15. Latin American Services. With respect to Services providedi in! Latin America, Customer enter into as separate local country addendumlagreement (as approved by local authorities) agrees with (or its local Afiliate) will Affiliate which provides the local Service(s), containing terms necessary to comply with local (LCA) laws/regulations, the respective Level 3 Affiliate willi invoice the Customer (ori itsl local Affiliate) partyt tot thel LCAI fort the respectivel local Service(s).  compliance obligations, Level 3 specifically disclaims any such obligation.  requirements and PSAP PSIALI and emergency Organization for any for Toll change in to or arising pursuant to this Section shall  databases.  B. Toll Free, IFN and UIFN Service.  Level (30 days not be released to  another long distance carrier or Responsible Organization.  overflows the total traffic fort the  specific number  furnishing with Level 3 until and such Level3  thati it  Page 7of1 11-CITY OF GASTONIA- 2-GDPFKC  02016L Level30 Communications, LLC, 1025 Eldorado Blvd., Broomfield, CO8 80021 Proprietary and Confidential  EXHIBIT 5-12    MASTER SERVICE. AGREEMENT SERVICE SCHEDULE LEVEL3 30 INTERNETSERVICES (Version! Issue Date: July 18, 2016)  Applicability. This Service Schedule is applicable where Customer orders Level 301 Internet Services Dedicated Internet Access, Internet Services, High Speed IP, orll IP1 Transit Services on The Service is also subject to the Master Service Agreement executed between Level ordering, 3 and provided that Level 31 remains responsible for the Service to Customer as setf forth herein. herein havet thec definitions given tot themi int the Agreement. Service Description. Level 301 Internet Services are high speeds symmetrical internet services a. IPA Addresses. IPA Address space with properj justification. b. Primary DNS /SecondaryDNS. Primary or Secondary DNS asr requested. C. Staticn routing/ /B BGP peering. Staticr routingo or BGP peering options available. d. On-linel bandwidth utilization reports. On-line bandwidth utilizationr reports available  invoicing (which or may also be called other documentation). terms in whole or part, used but not defined  standard Master Service Agreement (the "Agreement'). Level 3 may subcontract the provision Customer, oft the Service and if none, Level 3's network and the global Internet ("Servicel). The Service is generally available via Ethernet connections providing from access tot thel Level3P 100Gbps ports, as well as T1/E1, DS3/E3, and SONET connections from OC3/STM1 to OC48/STM16. Additional 10/100 Mbps ports to . Basics security service. Subject to Customer having Level 3-approvedi routers, included through as the part customer oft the Services portal. is per 121 month period ability tor request Level 3tot temporarily (i.e. for upt to 24! hours): 0 apply a temporary access a one-time (ACL) with up to 10 rules on such routers; () set up firewall filters specifying IPs, subnets, ports and configure null routes. Requests that exceed this duration or frequency will be charged at $1000 hour protocols, with and (i) charge of$4000. Customeri is encouragedt toc order additional Services as outlined below. The following services may be available at an additional charge to be set forth in an Order Level 3 MPLS (PVPN and VPLS) VPN Service. As part ofa Converged Service, Customer order Level Service, whichy provides private site-t -to-site communications over Level 3's MPLSI network. may Level 3 Enterprise Voice SIP Based Services. As part of a Converged Service or a Converged Voice-Intemet Customer may order SIP! based enterprise voicef forF Public Switched" Telephone Network U.S. (interstate andi intrastate) andi international locations, inbound (8XX) service, andi international connectivity, tollf free (1+) access to Managed Router. Managed Router Service provides forl Internet access Customer Premises Site Readiness. Level 31 wille extend cabling from ther minimum point ofe entry (MPOE) to CPES suite. MSS-Cloud & MSS-Premise. Managed Firewall, Intrusion Prevention, Managed Web Filtering, Antivirus, Management are available as a cloud-based service (MSS-Cloud") or as a managed device on premises Antispam, service and Log Distributed Denial of Service (DDoS) Mitigation Service. Level 3's DDoS Mitigation Service provides network routing, rate limitinga andf filteringt that can! bep pairedv with advanced network-based detection layers of defense through Network Protection Service. Network Protection Service (NPS) is additional Internet conjunction with Intemet Services and provides Customer the ability tor request basic Distributed security Denial may be provided in Dynamic Capacify. Dynamic Capacity provides the ability to augment bandwidth near Charges. Customer shall beb billed non-recurring charges (NRC) and monthly recurring in Order(s). NRC includes applicable installation charges for local-access circuit, connection charges (MRC) for Service as setf forth local-a access charges, port connection charges, and bandwidth charges. Other charges, port including but and not! bandwidth. limited to MRC includes charges, may apply ass statedi in Order(s). The Services are available with fixed-rate or burstable billing types. Fixed-rate. Service with fixed-rate billing provide a set amount of! bandwidth at a fixed-rate MRC. No Customer willr not be permitted to exceedt thec contracted bandwidth level, provided thati if Customer also orders usage element applies. (where available)b bandwidth andt the associated chargesr may be adjusted as setf forth int thes separate terms for Dynamic Dynamic Capacity. Capacity Burstable. For Service, provided with! burstable bandwidth, the! MRC is based on Committed' Information Rate called a Committed Data Rate ("CDR"). The CIR/CDR is the minimum Internet bandwidth that will billed ("CIR') (whichi is also monthr regardless ofl lower actual usage. Usage charges for any usage ine excess oft the CIR/CDR be to Customer each per Mbps basis at the rate stated int the Order. Burstable usage is billed on a 95" percentile (burstable usage) willa apply ona 5% of the traffics samples fore eachi inbound and outbound, will be discarded, and the! traffic. Att the end oft the! billo cycle, the! highest values will be used to calculate any applicable usage. Ifavailable andi identifiedi int the higher oft the resultingi inbound and outbound (PIR) orF Peak Data Rate( (PDR)n may apply, whichi is ther maximum available bandwidth. applicable Order, al Peak Information Rate  Capitalizedt  functionality mayi include:  features and  control list a minimum 3 MPLS VPN outbound Service, calling. Equipment ("CPE" management  per  Service Schedules fors such services:  and pursuant to the separate  byLevel 3. Premises"). centers solutions. mitigation. tools.  ("MSS-  and mitigation scrubbing of Service (DDoS)  which  on a real- time basis via self-service  usage-based  everyf five minutes, fort the previous 5 minute period, onk bothi inbound and outbound  basis. Usage levels are sampled  Page 8of11-CITY OF GASTONIA- 2-GDPFKC  02 20161 Level3 30 Communications, LLC, 1025E Eldorado Blvd., Broomfield, CO8 80021 Proprietary and Confidential  EXHIBIT 5-13    MASTER SERVICE AGREEMENT  Burstable Services may also be provided on an aggregated basis. For aggregate burstable Service the bandwidth MRC is ont the aggregate Committed Information Rate ("ACIR") (whichi is also called an aggregate Committed Data Rate ACIR/ACDRI is the minimum bandwidth that will be charged to Customer each month, regardless ofl lower actual ("ACDR")). The charges for any usage in excess oft the ACIR/ACDR (burstable usage) wil apply on a per Mbps basis at Order. Burstable usagei is calculated ona a 95lh percentile basis across alli included ports. Ifavailable andi identified the rate int the applicable in the Order, an aggregated Peak Information Rate (APIR) or aggregated Peak Data Rate Customer Responsibilities. Customer is solely responsible for all equipment and other facilities used in connection with Service which arer not provided! by! Level 3. AllI IP addresses, if any, assigned to Customer by Level 3: shall revert Level 3 the termination of Service, and Customer shall cease usings such addresses as ofthee effective date oft termination. to On-Net and Off-net Access. Access services provided entirely ont thel Level 3 owned and operated network Net Access Services". Additionally, Level 3 may use third parties to reach Customer's site from the Level ("Network) 3 Network are' "On- 6. Converged Voice-Internet Service. Where Customer orders Internet Services bundled with Level 3 Enterprise Voice SIP Based Services such charges will show on the invoice as Converged' Voice-Internet Service. For Internet Service is treated as as single Service andi if Customer wishes to unbundle or terminate clarification, a part of the the Converged Voice- Internet Service, early termination liability may apply and Customer will be required to execute new orders Converged Voice- 7. Service Levels and Service Credits. Thef following servicel level agreements (SLAs) as set forth below. When Voice-I Internet Service is ordered the SLAS below applyi inli lieu ofa any SLAs identified int apply the applicable Level 3E Availability Service Level. Level 3's availability SLA in the United States and, Canada is 99.99%. Outside the United States and Canada, the availability SLA iss 99.98%1 for On-Net/ Access Services and 99.9% for Off-Net Access Service. Network Packet Delivery Servicel Level. Thep packet delivery SLA ont thel Level 31 Network is 99.95%. Network Latency Service Levels. The latency SLAS on thel Level 31 Network are setf forth belowa and area average round-trip.  based usage. stated Usage the maximum  may (APDR) apply,  which is  availablel bandwidth across alli included ports.  upon ("Off-Net  Access Services"). alone Service.  for the desired stand- Converged Enterprise Voice SIP  Based Service Schedule asr referenced above in Section2.  Table A: Nelwork Latency  Route  Networkl Latency Metrics Round-Trip  Intra-NorthA America Intra-Europe Intra-Asia Intra-Latin/ America NorthA Americat to Europe North Americat toA Asia North Americat toL LatinA America Europet toA Asia Europet tol LatinA America Asiat tol LatinA America  <50ms* <35ms <110ms <120ms <80ms** <185ms"* <140ms** <345ms** <210ms" <315ms**  *Additionally, adds 90msi from/tot the! Mexico IPI Hub anda add 30ms from/to Hawaii tot  ** Additionally, addt the applicable intra-region" hereunderi fort the affecteds site(s). Pageg 9of11-CITY OFC GASTONIA- 2-GDPFKC  fort  the west coast oft the continental United States.  latency parameter the regioni in whicht the applicable Customer Site isl located  Credits for SLAS above: AIl SLA credits will be calculated after deducting any discounts and other arrangements. Credit percentages are applied to the MRC of the CIR/CDR rate, port charge, and local access special pricing applicable sites only. In no event will SLA credits in any calendar month exceed 100% of the total Availability Service Credit: Service is" "Unavailable" (except in the case ofa an Excused Customer site is unable to pass traffic. Service Unavailability is calculated from the timestamp Outage) Level 3 ticketf followingt ther reporto ofap problem! byt the Customer until thet time the ticketi is closed. Ifcredits are due opens under this at trouble SLA,  circuits for MRCs for Services ift the Customer port ata  02016L Level30 Communications, LLC, 1025 Eldorado Blvd., Broomfield, CO8 80021 Proprietary and Confidential  EXHIBIT 5-14    MASTER SERVICE AGREEMENT  no other SLAs applyt tot thes same event. IfService is Unavailable forr reasons other than an Excused  bee entitled to as service credit offo ofthe MRC fort the affected Service based ont the cumulative Unavailability Outage, Customer will  inas given calendar month ass setf forthi int thet tables below.  oft the Service  Table B: Availability Service Credit- United States and Canada  Cumulative Uaaiailiytrmnss) 00:00:01 -00:05:00 00:05:01 -0 00:43:00 00:43:01- -0 04:00:00 04:00:01- -8:00:00 08:00:01- - 12:00:00 12:00:01-1 16:00:00 16:00:01- -2 24:00:00 24:00:01 org greater  Service Level Credit No Credit 5% 10% 20% 30% 40% 50% 100%  Table C: Availability Service Credit On-Net Access Services  Table D: Availability Service Cumulativel Unavailability (hrs-mins-secs) 00:00:01 -00:43:00 00:43:01- -04:00:00 04:00:01- -8 8:00:00 08:00:01- -1 12:00:00 12:00:01- - 16:00:00 16:00:01- 24:00:00 24:00:01 org greater  outside the U.S. and Canada Cumulative Unavailability (hrsimins secs) 00:00:01- -00:10:00 00:10:01- -00:43:00 00:43:01- -04:00:00 04:00:01- -8:00:00 08:00:01- 1 12:00:00 12:00:01- -1 16:00:00 16:00:01 -24:00:00 24:00:01 org greater  Services outside the U.S. and Canada Credit- Off-Net Access  Service Level Credit No Credit 5% 10% 20% 30% 40% 50% 100%  Service Level Gredit No Credit 10% 20% 30% 40% 50% 100%  Network Packet Delivery Service Credits. Packet Delivery SLAs are! based onr monthly average performance between designated points of presence (POPS'). Customer willl bee entitledt toas service credit off oft theN MRC fort the setf forth below fort the Service parameter(s) not met for reasons other than an Excused to credits under the packet delivery SLA for the affected Service where such failure Outage. is related  Level3 Customer affected Service as will not be entitled to Unavailability under the  Availability SLA.  Table E:F Packet Delivery Service Credit  Packet Delivery Metrics 99.95% orgreater 99.9496-99.09 98.99%6-96.09 95.99% orle less  Percentager Credit No Credit 10% 30% 50%  ii. Network Latency Service Credits. Network latency SLAS are based on monthly average performance as set forth belowf for the Service parameter(s) not met for reasons other than an Excused entitledt to credits under ther network latency SLA fort the affected Service where such  designated points of presence (POPs"). Customer will be entitled to a service credit off oft the MRC for between Level 3  the affected Service Outage. related to Customer will not be Unavailability under  theA Availability SLA.  failure is  Table F: Network Latency Service Credit  Delay Exceeding Networklatencyh Metrics 1-10ms 11-25ms 26r mso org greater  Percentage Credit 10% 30% 50%  Page 10of11-CITY OF GASTONIA- 2-GDPFKC  020161 Level3 Communications, LLC, 1025 Eldorado Blvd., Broomfield, CO8 80021 Proprietary and Confidential  EXHIBIT  5-15    MASTER SERVICE AGREEMENT  Chronic Outage. As its sole remedy, Customer may elect to terminate an affected Service, or if applicable an affected Converged' Voice-Internet Service, hereunder prior to the end oft the Service Term without termination other than an Excused Outage, such Service becomes Unavailable (as definedi in Section 7(d)() above) liability twice duringa for reasons period, and becomes Unavailable: a third time within 300 days following the second event. Customer may only terminate 30-day such Service that is Unavailable as described above, and must exercise its right to terminate the affected Service under this Section, in writing, within 30 days after the event giving rise to the termination right. For clarification, termination a Converged Voice-I Internet Service will result int termination of alla applicable Services bundled together ast the Installation Service Level. Level 3 will exercise commercially reasonable efforts to install any, Service or Customer Commit Date for the particular Service. This installation SLA shall not apply to Orders that on contain before the information: supplied by Customer or Orders that are altered at Customer's request after submission and acceptance incorrect Level 3. In the event Level 3 does not meet this instaliation SLA for reasons other than an Excused entitled toas service crediti for each day of delay equal tot the charges for 1 day of the rata share Outage, of the Customer will be with thea affected Service upt toar monthlyr maximum credit of1 10 days. For Services billed pror on an Aggregate CIR/CDR MRC associated basis, chargesf for1 1 day oft the pror ratas share ofti the! MRCV willl be calculated! based ont the averagel MRC per portf fort the aggregate. the Resale Restriction. Notwithstanding anything tot the contrary in the Agreement, Customer is prohibited from Internet Service or any ports provided hereunder: as as stand-alone: service toa ai third party without the express written reselling consent any ofLevel 3, provided, however that Customer may! bundle any Internet Service or any ports provided pursuant Schedule with any other Level 3 services (tot the extent resale oft those service is allowed) or the services tot this resell such bundled service to Customer's subscribers and its customers. The Parties agree that the of Customer and applicable to Converged Voice-Internet Service, and Customer is prohibited from reselling any Converged preceding Voice-Internet is not Service unless thep parties enteri into ana amendment: signed! by authorizedr representatives ofb both parties. 9. Latin_American: Services. Withr respect to Services provided inl Latin America, Customer agrees thati it (ori its local Affiliate) will enteri into a separate local country addendumlagreement (as approved by local authorities) Level 3 Affiliate which provides the local Service(s), containing terms necessary to such Level 3/ Affiliate willi invoice the Customer (ori its local Affiliate) partyt to thel LCAf fort comply ther respective local local aws/regulations, Service(s). and 10. Level 3 Arranged Third Party Procured Internet Services. For certain Service locations Level 3r may lack relevant licenses to provide such service), Level 31 may agree to arrange (ncluding Intemet services providers ("Third Party Internet Service"). Service options vary on a country by Internet via overbooked: and/orr non-overbooked connections, DSL technology, private country leased circuits may (fixed access to the Satellite. Specifics service details (access type, e.g. downstreampstream: speed, customer premises or wireless) and/or and number of IP addresses) also differ on a country by country basis. Customer understands and acknowiedges equipment requirements that" Party Internet Service will, ifrequested! by Customer, bep provided byt third party subcontractor(s) to Level 3 and provided on al beste effort and as-is basis. Notwithstanding the foregoing, Customer may report faults and/or outages accordingly, in is Party Intemet Access to Level 3 on a 24x7 basis andi ins such circumstances Level 3 will contact the service provider with a viewt tor restoring service as quickly as possible. Customer will reasonably ofs suchp providers ofT Third Party Internet Service toe enablei installation, maintenance, repair and disconnection cooperate of Services. ther requests  if, Converged  Voice- of by  Internet Service under the Order.  Service  with the respective but notl limited to third where basis and include using party Third third Third party  with (LCA")  applicable with  Page 11of11-CITYC OF GASTONIA- 2-GDPFKC  02016Level3 Communications, LLC, 1025E Eldorado Blvd., Broomfield, CO8 80021 Proprietary and Confidential  EXHIBIT 5-16    Level(3)  Total Cost Of Ownership Deal # 2774825 Quote # 3370837 Parent/D Location Name Address 7118494 7118494 7118494 PCBCAAANICAIEANL Lne! Item CCP Plan1 Total CCP (Concurrent Call Path) NatinnalVaice Senices Lineltem United States Telophone MONTHLY Number Total National Voice Services Prenald Minute Plan Line tem 10,000F PrepaidN Minutes MONTHLY Total Prepaid Minute Plan  Locations State Postal Code Country 28054 28052 28052 Nrc 0.00  City  TDMA Access Telephone Number Rate Center Requested Serviceabillty  Cityo ofGastonia 1300 ENBROADST GASTONIA NC CHyof Gastonia 181SS SOUTHS ST GASTONIA NC Cityo ofGastonia 200 ELONG AVE GASTONIA NC  UNITED STATES Yes UNITED STATES Yes UNITED STATES Yes Quantity 69  Avallable GASTONIA Available GASTONIA Available GASTONIA ExtendedNra 0.00 0.00 Extended Nrc 0.00 0.00 Extended Nro 0.00 0.00  Rate. Type MONTHLY  Mre 13.00  Extended Mrc 897.00 897.00 Extendedi Mrc 150.00 150.00 Extended Mre 32.00 32.00  Rate Type  Mre 0.16  Nr 0.00  Quantity 1000  Rate Type  Mrc 32.00  Nrc l0.00  Quantity  "This accepted! Quote by Euis Level3 3. confidential Quote Summary andr may isi intendedto not bec disclosed provide tothirdp directional parties. pricing Itis oniy; non- binding actual pricing: unless andu may vary. until thet terms ando conditions stated hereina are incorporated intoas signed orderv whichist thereafter  Page1of1    rroposal preparea TOr uiy DI Gastonia- quorer 33/0831-5  Level(3) Quote #: 3370837  Proposal Prepared On Pricey Valld Untif 07/27/2016 10/06/2016 Dedicatedl Internet Access Total Mrc 2,298.40 Location Site'Address  PricingPreparedFor CityOfGastonia  Currency, USD Total Nrc. .00 Dedicated Inlernet Services #Mb 1000.00 2060.00  TotalMrc 2,776.69.  TotalNrc 0.00 #Sites LocalAccess Nrc Mrc Nrc .00 238.40 00  3Years SiteName Country GASTONIA NC- DMARC36498  Universal vicefund USE  Summary 2298.40 ProductDetails  L3POP. OMMON USA 200ELONGA AVE GASTONIA, NC2 28052  Descrption  aY Mro Nr Amount Priced MrcPer NroPer UsageMrc UsageNre Vendon Pop Distance/km)  A- 200E ELONG AVE GASTONIA, NC2 28052 OnNetA Access- Gig- Ethemet (1000 Mb)- [Bandwidth: Gig-E -Ethemet 238.40 0.00 (1000 Mb), SubE Bandwidth =1 1000) A: 200 ELONG AVE GASTONIA, NC2 28052 PPort- Gig-Ethemet (1000 Mb): (Bandwidth Gig-E -Ethernet (1000N Mb) 200E ELONG AVE GASTONIA, NÇ2 28052 B Logical- (Billing Method Fixed, Committed Data Rate (CDR)= 1000.000  0.00 0.00 2060.00 0.00 1000.00 2.06/Mb  Page1of4    Proposal preparea Tor cty UT castonia wuote#. 33/0831 -  Voice Complete (Access Only)  Térm 3Years Site Name Country Cllyof Gastonla USA 181SSOUTHS ST GASTONIA, NC 28052 CiyofGastonia USA 200E ELONGA AVE GASTONIA. NC2 28052 CityofGastonla USA 1300NBROAD: STC GASTONIA, NC 28054  Total Mrc 478.29 Location ite Address  TotalNre .00 Summary Mrc 159.43 .00 159.43 00 159.43 .00  #Sites LocalA Access Mrc Nro 159.43 .00 159.43 .00 159.43 .00  Universais Fund Service USF Interstate Interstate Interstate ProductDetails  Description  y. Mrc Nrc Priced Amount MrcPer NrcPer UsageMro UsageNrc Vendor Pop Distance(km)  A. 181 S SOUTHST GASTONIA, NC 28052 FNet,Access- T1(1.5 Mb)- (Bandwidth= T1(1.5Mb), Secondary CFA=No 200E5 LONG AVE GASTONIA, NC: 28052 CFA=No] Access- T1(1.5Mb)- Bandwidth= T1(1.5Mb), Secondary A-1 1300NE BROADS ST GASTONIA, NÇ 28054. Net/ Access T1(1.5Mb)- [Bandwidth= T1 (1.5N Mb), Secondary CFA=No]  159.43 0.00 159.43 0.00 159.43 0.00  Page2of4    Froposal preparea Tor ciy UT Gastonia- -Quoter 35/U831-3  Voice Complete Standard Summary ProductDetails See Rate Sheet See Rate Sheet See Rate Sheet See Rate Sheet  Term 3Years  TotalN Mrc SeeF Rate Sheet Mrc .00 Description  Total Nrc See Rate Sheet  See Rate Sheet  Qty Mroi NrC Amount Mrc Per Nrc Per Usage Mrc Usage Nro  CCP (Concurrent Call Path) Feature Packs- -(Feature Pack 1=) Yes, Feature Pack2=No, Mobility Feature! Pack=No) See Rate Sheet Voice Complete SLA- SLA=Slandard) National Voice! United States Telephone Number-) Yes, Toll Free/Free Phone No, National Calling=) Yes, Standard911: Yes, Lync Emergency Services No] Prepald Minute Plan  Page3of    Froposal preparea Tor uiy UT Gastonia Quorer 38/063/-5  Order Terms and Conditions  This confidential Customer Order may notbe disclosed tot third parties andis non binding untile accepted by Level3 as setf forthi insection toprice changesb by off-nets suppllers. Customer has: business days followings providedb by! Level 3ori its lfanya aspectoft thes Serviçes set forth herein istobep providedi internationally, aLocal 3.fageneric demarcation point (such asas street address)is proyided, the atomang Level3Services "Affilate Schedule Agreement"), thent to thet terms oft ther anythingi  2. Pricingisg generally) validf for 900 calendar daysf fromt the datei indicated unlessa differentt timep periodi isc otherwises specifiedh herein. Priortoir installation! Level3 maygive written notice toCustomer (which may! bey via e-mail)ofp price 4. Customer points shail this be theo off-net vendor's MPOE. this Order identifies aspects of which arey procured by Customer drecty from third! parties, Level 3sr not Hable fors suchs Customer places shall be Customer Order ands Dy signing (including electronlcord digltal signature) org acknowledging (nar manner acceptablet toL Level 3)t this document and! greement) Orders ble to govemned! Service. by lfCustomer! subjecttot hasn theN not Master executed ServiceA Agreement/s)a Services ands Agreementv Service Schedule(s) with Level 3buth (ifa any) has executeda Level3 laservices and Customer agreement (or (including Its affatel butnpt expressly limited! provided to Standard fory unders Terms such and Conditions)v affliate Masters witha Service an affillate ("CCD"(le.t nany the projected installation tot the contrary, Level Level 3'sd delivery 3's acceptance oft the requested ofths Order Service. willl Additionally, be evidenced by (andt this Ordery wbe in bindingo on bothp parliest upon) the earlier rofLevel 3'sv writtend deliveryo ofac Customer CommitD Date herein shalir renew onai tomonth! basis, terminableby/ether! partyy Witn 300 days advancedv written notvithstanding; notice andt ther anythingi rates are subjecttoc cnanger upon Agreement 300 days' notice lothe from contrary, Level3. atthe endo oft the Servicel Term, the Services set forth 5. party shail be liable for any damagest forlosty pronts, lost revenues, josso ofgoodwil, loss ofa anticipateds savings, lossofdatao or cost ofp purchesing replacements service, orany indirect, incidental, special, consequential, exemplary applicablét or toti the punitye affecteds damages Service. arising outo ofthe pertormance ort taiuret to perform this Customer Order. Customer's soler remediesf for anys routages, failurest to deliver or defectsi ins Service are containedi inthe service levels services! bec designated as Intrastate Services, Customer certifiest toLevel3th that not more than 10% ofCustomer's! traffic utlizingt the Services Willbed originatedo ort terminated outside ofthe state inwhicht requests the Intrastate that 7.Charges! byLevel3 for certains Services ares subjectt to (a)aproperty taxs surchargeo of4 4.25% and (D)a cost recoveryf feepf3%p perr month toreimburse Level3foryarious governmentall taxes and surcharges. Sucho charges ares subjectto changeb 8. Customerv will pay. ands Level3 shail 3'ss be standard: applled regardless Oexpedite charges Customer (added tot the has NRC)f deliveredav fCustomer taxe requestsad exemption dellvery certifiçate. datel For Level3 3's standardi ont taxes Intervald ands duration (which will are be provided by visit Level3 uponr com/taxes, andis availables at https:/MyL Level3, net)a and () ancillary chargesf fors additional activities, featureso ord options ass setf forthi inLevel 3's ancillaryc charge summary, acopye ofwhichk is avallable upon request. IfLeve!3 cannoto complete cumently installationd due to Customer delayprinaction, Leve!3 may begin charging Customerf fort thes Service and. Customers shall paysucho charges which will appearo on firsti invoicet followingthe Service Çommencement! Date.  terminate this Customer Order (without! liability)o otherwise Customer is deemedtoz accept thai increase. paintforonn net: serviçes shallbel Level 3's Minimum PointofE Entry (MPOE)atsuch) location (as determined! byLevel3 3)ando ofl-net  be Services mayb Levels 3.1 The Service! dentfledinthis  may ber reguired.  Affliate shall apply; tot the Service! herein (tot thes extent not witht this Cuslomer Order) providedt thati ins such cases, the curents standard  not executed an Affiliate applicable the: Services shal apply. Inthe event that Level3 and Customer nave not executeds Agreement, tnen 3's standard aster Service AgreementService: Schedule(s) (as ofthed date  Agreement and/or applicables Service Schedule(s) with to such Order)s shalls govern,a acopy ofwhicha are avallable upon request. Notwithstanding.  nave  6Allt transports where thet  froml Level3willb be treateda as Interstatef for) regulatory purposes. Customerr may certify transports service as being! Intrastate (for regulatory purposes only)Inaf formata as requiredb by Level3, are. sold onas sland-alone! basis, the endy points for thes are int the same state and! perer endp point isal Levels 3providedi IP port ('Intrastates Services"), Where Customerr butonly  are provided. Such electiony will apply prospectively only, andv will: apply, to alll Intrastates Servicess statedi int this Customer Order.  9.For çolocation, the connection. data center andlor! hosting services, pre-arrangede escorted: access may ber required at certain locations, and cross connects ares subjectto  are avallable atthe particular locationto  completet  Deciarations ands Signatures Customer submits this document asa Customer Order.  Authorized Signature: Name: Tille: Date:  Page4of4    MEMORANDUM  Date: To: From: Thru: Subject:  August 19, 2016 Ed Munn, City Manager  Tucker. Johnson, PE, Assistant City Engineer Rusty Bost, PE, Director ofl Engineering/City Engineer Item for September 6, 2016-City Council Agenda  Public Hearing- City of Gastonia  Subject hearing involves the granting ofa special exception under section 7.6.1-17(A).11 of the flood overlay district, to permit fill associated with the YMCA Project, in the City of Geoscience Group, Inc. has submitted a flood study for the YMCA to place fill within the 100- year flood zone of Catawba Creek, as designated by the flood insurance rate map as established by the Federal Emergency Management Agency. The work within the Catawba Creek flood zone includes grading necessary toi install as sediment/detention basin and also repairs tot the Robinwood Geoscience Group, Inc. has prepared a flood study in support of the "zero rise" certification required in the above criteria listed in the referenced section of the City of Gastonia Zoning Staff recommends approval of this request for a special exception to place fill within the designated flood zone. Thel Planning Commission voted unanimously to: approve this special  Gastonia, Gaston County, North Carolina.  Lakel Dam. Ordinance. exception.  A copy of this study is available for your review upon request. (Presentation tol bes made by: Tucker. Johnson, PE)  n Tucker. A.. Johnson, PE Assistant City Engineer  EXHIBIT 6-1    August 25, 2016  Consulting Engineers  Mr. Tucker. Johnson, P.E. 150 South York Street Gastonia, North Carolina 28052 Reference: Dearl Mr. Johnson:  GEOSCIENCE Assistant City Engineer  GROUP  Catawba Creek  No-Rise Certification- - Proposed BMP  As requested, Geoscience has evaluated the storm water treatment for Robinwood Dam. Both of these improvements Robinwood Dam does nota affect the 100 year floode elevations. According the City of Gastonia Unified Development Ordinance 1. "The granting oft the special exception will not create a  pond and the additional fill the downstream slope of  FEMA regulated flood plain. The purpose of this are proposed to be installed partially in the location for the storm waterp pond sot that the 100y year floode study elevations was to determine the appropriate affected (No-Rise) and to ensure that the proposed fill to flatten on Catawba Creek arei not  Findings of Fact  permitted within any area of Special Flood Hazard Area unless (7.6.1(17)(11), "no fill shall be conducted aj public hearing, grants a special exception upon the affirmative the City Council, after having materials may be swept on to lands other than those for danger which the that fill or construction The proposed storm water treatment pond and fill: for the downstream will be constructed of engineered fill that is compacted to at least slope of the dam (Standard Proctor Compaction Test). The slopes for the disturbed areas will bes seeded and maintained byt the YMCA. pond, The dam and the adjacent overbank where thej pond and dam arel located were estimated atai water maximum velocities int the per second. Velocities less than 3 feet per second are generally considered of0.9 feet Therefore, no fill or construction materials will be swept downstream non-erosive.  findings that." exception is granted 95% of ASTM D-698  to the injury ofothers."  others.  to the injury of  500Clanton Road SuiteK  Charlotte. NorthCarolina Telephone  Facsimile 704.525.2051  28217  704.525.2003  NCLicense F0585  EXHIBIT 6-2    Mr. Tucker Johnson August 25, 2016 Page2  Consulting Engineers  GEOSCIENCE GROUP  2. "The granting of the special exception will not substantially increase flooding ore erosion damage and thereby create a danger to life and property." the probability of Granting the special exception will not increase the probability of damage. The drainage area for Catawba Creek at the YMCA sitei is 7.87 flooding or erosion 5,038 acres (from the FEMA Flood Insurance Study Report, FEMA, square miles or 2015). From the YMCA site, 28.5 acres drain tot the storm water isp part oft the 5,038 acres that drain to Catawba Creek. The pond. This 28.5 acres is designed to controlt thep post-development dischargest top pre-development proposed storm water pond 3. "The granting of the special exception will not result in any increase There willl ber noi increasei int the flood levels on Catawba Creeki ifthes granted. Thel No-Rise analysis supports this statement. "Theg granting of thes special exception willy not have an adverse 5. "The granting oft the special exception will not result in any. Wel have demonstrated witht thel No-Rise analysis that the This analysis was performed in accordance with standard been submitted tot thel Floodplain. Administrator.  September 2, levels. in flood levels special exceptionis granted."  during the base flood discharge."  upstream ord downstream other than those for which the exception impact is on the properties This project will not have an adverse impact onp properties upstream or downstream. designated foodway or non-encroachment area unless the fI being placed with any not result in any increase in the flood levels during the proposed occurrence encroachment of the would  7.6.1A(17)(a). arei met".  requirements of Section engineering practice and has  base flood.  Pleasel let usl knowi ify youl have any questions. Respectfully, GEOSCIEACEGROURINC Kevin's. Caldwell, P.E. Senior Vicel President  .35.16  SEAL 10725 GINEE CALD  EXHIBIT 6-3    BE  EHUDSON BLVDE  DAMI IMPROVEMENTS (APPROXL LOCATION)  OBARR DR  Legend Parcels_Vw DFIRM_P06.Flodway <all other values> FLOODZONE A- Spec Flood! Haz. Area AEFW- Floodway  DFIRMLP06_100yr Streams City Streets -ALL <all other values> SERVSTAT Future Ins Service  ROBIN LN-  DETENTIONPOND (APPROXL LOCATION)  RUDD RD  nT ROBINSON OAKS DR  ROBINWOODI LAKE  YMCA FLOOD PLAIN ENCROACHMENT MAP  (NOT TO SCALE)    MEMORANDUM  DATE: TO: FROM: SUBJECT:  August 26, 2016  Edward C. Munn, City Manager Rusty Bost, City Engineer  Item for September 6th, 2016 City Council Agenda  REQUEST FORI RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS: S. SOUTH ST. 2NDTO3 3RD'A AVESTORMDRAINACE  IMPROVEMENTS PROPERTY OWNER(S)  PIDNO. 218805 108635  Cornwallis Investments, LLC formerly LAP Investors, LLC  Community One Bank  Thel Project  The City of Gastonia is conducting a storm drainage improvement project that will construct approximately 350 linear feet of storm drain pipe. The existing storm drain pipe is undermined and has currently collapse in one section. The new pipe will be a larger reinforced concrete pipe that will improve the conveyance of the runoff as well as increase the longevity of the system. The current storm drain system is made of corrugated metal and runs through multiple properties. In order to properly install and maintain the newly upgraded system and prevent further flooding to commercial structures, The City of Gastonia will need to obtain easement: from five (5) property owners. Staff has worked with the property owners to voluntarily acquire 3 of the 5 easements. Staff has been working diligently to acquire these necessary easements, but for the various reasons below, property owners listed have not signed the transfer agreements, and staff recommends that Funding fort this project comes: from the Storm Water Capital Improvements Funds. See attached photos for current condition of collapsed section ofs storm drain.  the the pursuit  condemnation ofo  proceedings will ber necessary to acquire these easements.  Negotiations owners  In order to secure the necessary easements for this project, staff has been in contact with of the two properties listed below and asked for voluntary dedication. All the property were contacted and made aware of the project. Every effort was made to accommodate property owners reasonable request or concern tor meet the satisfaction ofthe property owners. Cornwallis Investments, LLC formerly LAP Investors, LLC-114W.Third. Ave.: Staff has been in discussions with the property owner for some time. The owner is in no agreement to allow the City access to their property for permanent easement, temporary easement way in permission to enter for construction. The owners immediately directed staff to channel contact through their lawyers. Staff further discussed monetary compensation with the owner's all further representatives to acquire the section ofproperty needed: for the permanent easement based on current legal property tax rate. This offer was declined and staff was informed by the  any  or  representatives that no monetary offer will suffice. Community One Bank- 318 S. South St.:  property owner's legal  Staff has been in discussions with the property owner for some time now. The property owner has requested documents stating that, "no monetary compensation has been rendered to of the dedication over to the City. City legal has provided a letter stating these terms they and will said agree to sign contact or has not received any reply from thej property owner. In the property effect that this cannot willl get in  property owners for any easement related to this storm drain project", before hand delivered bys staff. The City! has received no response from the  any  five  owner and letter was property bea EXHIBIT 7-1    hand delivered by staff. The City has received no response from the property owner and cannot in or has noti received any reply from the property owner. Int the effect that this property willl be a beneficiary for the storm drain improvement project, the City proposes no monetary shall be rendered: for this property. This property is affixed at thel lowest elevation and has compensation flooded in the past duet to the undermined system. Ift the undermined system is not: replaced this property has an This project is inside the City Limits of Gastonia and will be constructed by a private contractor of the condemnation process, staff will continue to contact and negotiate with all respective completed. During owners ort their designated representatives in an attempt to1 reach as settlement acceptable to all property In the meantime, the Resolution authorizing condemnation proceedings will allow the City to proceed parties. with acquisition of the property in the event no such settlement can be reached, as requested by the Therefore, it is recommended that the City Council adopt a resolution condemnation proceedings against the above referenced properties to acquire the authorizing necessary  contact  get  extremely high potential toi floodi ini the future.  The City of Gastonia. The project will be owned by the City after construction is  County.  rights-of-way and easements for this Project.  (Presentation: Rusty Bost) Rushy Bat RUSTY BOST,PE City Engineer  EXHIBIT 7-2    EXHIBIT 7-3    1    S. SOUTH ST. 2ND TO 3RD AVE. STORM DRAIN MPROVEMENTS  DEDICATED PIEDMONT PROPERTY GROUP, LLC 116 W. THIRD AVE. DB 4099 PG 1329 PID 108633 AREA ACQUIRED= 4,627.47.SF 0.106 Ac.  COG PROPERTY  COG PROPERTY  COG PROPERTY  CONDEMNATION COMMUNITY ONE BANK NA 318 S. SOUTH ST. DB 4758 PG 1138 PID 108635 AREA TO BE ACQUIRED= 834.89 SF 0.019 Ac.  CORNWALLIS INVESTMENTS, LLC FORMERLY LAP INVESTORS, LLC 1I4 W. THIRD AVE. DB 3992 PG. 141 PID 218805 AREA TO BE ACQUIRED= 1437.64 SF 0.033A Ac. CONDEMNATION)  DEDICATED TEMPLE EMANUEL OF GASTONIA 320 S. SOUTH ST. DB 2125 PG 466 PID 108634 AREA ACQUIRED= 2,359.48 SF 0.054A Ac.  W.THIRD AVE.-50' PUBLICR/W  LEGEND  EXISTING PERMANENT GENERAL DRAINAGE & UTILITY EASEMENT PROPOSED PERMANENT GENERAL DRAINAGE & UTILITY EASEMENT CONDEMNATION PROPOSED TEMPORARY CONSTRUCTION EASEMENT  PROPOSED PERMANENT GENERAL DRAINAGE & UTILITY EASEMENT VOLUNTARY DEDICATION  CONDEMNATION MAP  EXHIBIT 7-5    RESOLUTION. AUTHORIZING CONDEMNATION. ACTION  WHEREAS, the City of Gastonia, is undertaking acquisition activities necessary for storm drainage improvements ini the 100 Block of West Third Avenue; and WHEREAS, in order to provide for the expedient purchase of real property designated to be acquired for street right-of-way and general utility easements; and WHEREAS, the City of Gastonia is communicating with the property owners in an attempt to acquire the necessary property interests by negotiation in accordance  with state law; and identified hereinafter;  WHEREAS, negotiations have not been successful in  the parcels is, PIDNO. 218805 108635  acquiring  NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY GASTONIA that the City Attorney of the City of Gastonia be, and hereby authorized OF  toi institute a condemnation action against:  PROPERTY OWNER/S)  Comwallis Investments, LLCI formerly LAP Investors, LLC  Community One Bank  THIS RESOLUTION, adopted on the 6th day of September, 2016.  John D. Bridgeman, Mayor  Sherry Dunaway, City Clerk  EXHIBIT 7-6