Regular City Council Meeting December 10, 2024 At Gatesville Council Chamber 110 N. 8th Street 5:30 P.M. INDEX REGULAR CITY COUNCILI MEETING DECEMBER 10, 2024 5:30P.M. PAGE1-2- AGENDA-12-0.2024 CALLTOORDER ANNOUNCEMENT OF QUORUM INVOCATION ANDI PLEDGE OF ALLEGIANCE CITIZENS/PUBLICA COMMENTS FORUM: INDIVIDUALS WISHINGTO. ADDRESS THE GATESVILLE CITY COUNCIL MAYI DO so DURINGTHIS SEGMENT. IF YOUI INTEND TO COMMENT ON. A SPECIFIC. AGENDA ITEM, PLEASE INDICATETHE ITEM(S) ON THE SIGN- IN SHEET BEFORE THE MEETING.. EACH SPEAKER IS ALLOTEDA MAXIMUM OF3MINUTES FOR' THEIR REMARKS, AND SPEAKERS AREI EXPECTEDTO CONDUCTTHEMSELVES IN. A RESPECTFUL & CIVILI MANNER. IN. ACCORDANCE WITHTHE TEXAS OPEN MEETINGS ACT, THE CITY OF GATESVILLE CITY COUNCIL CANNOT DELIBERATE OR. ACT ON ITEMS NOTLISTED ON THE MEETING. AGENDA. NO MEMO- ADMINISTER OATH TO NEW CITY OF GATESVILLE POLICE CHIEF PAGE3-49- CITYCOUNCIL MEMORANDUM- DISCUSSION ANDI POSSIBLE. ACTION JEFFREY CLARK (HOLLYOWENS) REGARDING AN AGREEMENTI BETWEEN THE CITY OF GATESVILLE AND ATTIC BREEZE. LLC. FOR WASTEWATER PUMP AND HAULSERVICES. (CITY STAFF, FREESE & NICHOLS, & GOSSELINK) CONSENT: PAGE50-69 ALL CONSENT AGENDA ITEMS ARE CONSIDERED ROUTINE BY' THE CITY COUNCIL. AND WILLI BEI ENACTED BY A SINGLEI MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS A COUNCILMEMBER REQUESTS AN ITEM' TO BE REMOVED. AND CONSIDERED SEPARATELY. RESOLUTION 2024-131: DISCUSSION ANDI POSSIBLE ACTION REGARDING RESOLUTION 2024-132: DISCUSSION ANDI POSSIBLE. ACTION CASTING VOTES APPROVAL OF MINUTES FROM: REGULAR CITY COUNCIL MEETING HELD ONI NOVEMBER 14, 2024. (HOLLY OWENS) FOR CITY OF GATESVILLE'S CANDIDATE FOR CORYELL CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS. RESOLUTIONTOS SUPPORTTHE CENTRALTEXAS WATER (WENDY COLE) (BRAD HUNT) RESOLUTION2 2024-133: DISCUSSION AND POSSIBLE. ACTION REGARDING! A ALLIANCE. OTHER) BUSINESS: PAGE 70-100 CITY COUNCIL MEMORANDUM- DISCUSSION ANDI POSSIBLE. ACTION REGARDING A TREE CLEARING AND LAND ACQUISITION AGREEMENT BETWEEN DON STRIEBER. AND' THE CITY OF GATESVILLE REGARDING 1.163 ACRES IN REFERENCETO! PROPERTY IDI NUMBER 151494, LEGAL DESCRIPTION 1062 A WOOD, ACRES 87.06; ADACENTTOTHE GATESVILLE MUNICIPAL AIRPORT. (BRADI HUNT) PAGE 101-102 CITY COUNCIL MEMORANDUM- RECESS MEETINGTOTHE GATESVILLE PUBLICLIBRARY, 111 NORTH gTH STREET,GATESVILE, TEXAS FOR SITE VISIT AND TO RECEIVE UPDATED INFORMATION RELATEDTO THE LIBRARY CLOSURE THATV WAS Al RESULTOF RECENT SEVERE WEATHER EVENTS. RECONVENE MEETING ATTHE CATESVILEPUBLCIIBRRKIINORTIETA RECESS MEEINCTOGATESVILLE CITY HALL, 1101 NORTHS'STREET, RECONVENE MEETING. AT GATESVILLE CITY HALL, 1101 NORTH 8THSTREET, PAGE 103-176 CITYCOUNCIL MEMORANDUM- DISCUSSION AND POSSIBLE ACTION STREET, GATESVILLE, TEXAS- GATESVILLE, TEXAS-- GATESVILLE, TEXAS- REGARDING AWARD OF BID OF CORONAVIRUS LOCALI FISCAL RECOVERY FUNDS FOR THE GATESVILLE PUBLICI LIBRARY & GATESVILLE CITY HALLROOFI IMPROVEMENTS TO GG GENERAL REGARDING CHANGE ORDER! NO.1FOR' THE GATESVILLE PUBLIC LIBRARY. HVAC: SERVICES WITH MUEGGE HEATINGANDAIR. RKGARDINGAFACILITY NAMING POLICY FOR THE CITY OF CONTRACTORS NOTTO EXCEED $430,438.67. (MIKE HALSEMA) (MIKE HALSEMA) (MIKE HALSEMA) (MIKE HALSEMA) PAGE 177-179 CITY COUNCIL MEMORANDUM- DISCUSSION ANDI POSSIBLE. ACTION PAGE 180- 184 CITY COUNCIL.MEMORANDUM- DISCUSSION ANDI POSSIBLE ACTION PAGE: 185-2 200 CITY COUNCIL MEMORANDUM- DISCUSSION ANDI POSSIBLE ACTION PAGE201-206 CITY COUNCIL MEMORANDUM- DISCUSSION REGARDING GATESVILLE. SOUTH. REGARDING AWARD OF CONTRACT FOR. ASPHALTTO KNIFE RIVER- ORDINANCE202413, AMENDINGTHE GATESVILLE CODE OF ORDINANCES ATC CHAPTER 10 BUILDINGS AND BUILDING REGULATIONS, ARTICLEI II' TECHNICAL CODES, DIVISION: 1.- GENERALLY, BY. ADDING NEW SECTIONS; CREATING! SECTION 10-26 CARPORT: REGULATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; ANDI PROVIDING FORAN EFFECTIVE DATE. (IST READING OF ORDINANCE 2024-13) (H.OWENS) REGARDING ORDINANCE: 2024-11, AMENDING THE GATESVILLE CODE OF ORDINANCES BY AMENDING CHAPTER 48-SUBDIVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; ANDI PROVIDING FOR. AN EFFECTIVE DATE. (3RD & FINAL REGARDING AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDING THE GATESVILLE CODE OF ORDINANCES AT CHAPTER: 10 "BUILDINGS ANDI BUILDING REGULATIONS," ARTICLEII "TECHNICAL CODES," BY. ADDING AI NEW DIVISION 4 "PORTABLE BUILDINGS. AND CONTAINERS"; PROVIDING A PENALTY OF FINE: NOTTOI EXCEED $500; PROVIDING A SEVERABILITY CLAUSE; PROVIDING, AS SAVINGS CLAUSE; ANDI PROVIDING FOR. AN EFFECTIVE DATE. (3RD & FINAL ACCEPTING THE ANNEXATION: PETITION SUBMITTED BY TRACY AND STACY SUMMERS, BEING ALLTHEOWNERS OF APPROXIMATELYS ACRES OF REALI PROPERTY SITUATED IN THE HENRYI FARLEY. AND J.A.CLAYTON: SURVEYSI LOCATED IN' THE CITY OF GATESVILLE, CORYEILCOUNTL,TEMAS ANDI BEING COMMONLY KNOWN AS 2204 PAGE: 207-231 CITY COUNCIL MEMORANDUM- DISCUSSION AND POSSIBLE. ACTION READING OF ORDINANCE 2024-11) (HOLLYOWENS) PAGE:232-238 CITY COUNCILI MEMORANDUM- DISCUSSION ANDI POSSIBLE. ACTION READING OF ORDINANCE 2024-12) (HOLLY OWENS) PAGE239-245 CITY COUNCIL MEMORANDUM- DISCUSSION ANDI POSSIBLE ACTION CORYELL CITY ROAD. (BRADI HUNT) PAGE246-259 CITY MANAGER REPORT ADJOURN MEETING NOTICE (TEX. GOVT CODE CHAPTER 551, SEC. 551.041) AGENDA REGULAR CITY COUNCIL MEETING 5:30F P.M GATESVILLE CITY COUNCIL CHAMBERS 110 NORTH 8TH STREET, GATESVILLE, TEXAS 76528 DECEMBER 10, 2024 THIS NOTICE IS POSTED IN COMPLIANCE WITH THE OPEN MEETING ACT An Open Meeting will be held concerning the following subjects: 1. Call to Order 2. Quorum check 3. Invocation and Pledge of Allegiance 4. Citizens/Public Comments Forum: Individuals wishing to address the Gatesville City Council may do so during this segment. Ify you intend to comment on a specific agenda item, please indicate! the item(s) on the sign-in sheet before the meeting. Each speaker is allotteda maximum of 3 minutes for their remarks, and speakers are expected to conduct themselves in a respectful manner. In accordance with the Texas Open Meetings Act, the City of Gatesville City Council cannot deliberate or act oni items not listed on the meeting agenda. Administer Oath to new City of Gatesville Police Chief Jeffrey Clark. (Holly Owens) 6. Discussion and possible action regarding an agreement between the City of Gatesville and Attic Breeze LLC. for wastewater pump and haul services. (City Staff, Freese & Nichols, & Gosselink) CONSENT: 7. All consent agenda items are considered routine by the City Council and will be enacted bya single motion. There willl be no separate discussion oft thesei items unless a Councilmember Resolution: 2024-131; Discussion and possible action regarding approval of Minutes from Resolution 2024-132: Discussion and possible action casting votes for City of Gatesville's Resolution 2024-133: Discussion and possible action regarding al Resolution to support the requests ani item to be removed: and considered separately. the Regular City Council Meeting held onl November 14, 2024. Candidate for Coryel! Central Appraisal District Board of Directors (Holly Owens) (Wendy Cole)s (Brad Hunt) Central Texas Water Alliance. OTHER BUSINESS: 5. Discussion and possible action regarding a tree clearing and land acquisition agreement between Don Strieber and the City of Gatesville regarding 1.163 acres in reference tol Property ID number 151494, Legal Description 1062 A WOOD, ACRES 87.06; adjacent to the Gatesville Recess meeting to the Gatesville Public Library, 111 North gth Street, Gatesville, Texas for site visit and to receive updated information related tot the Library closure that was a result of Municipal Airport. (Brad Hunt) recent severe weather events. P1 10. Reconvene meeting at the Gatesville Public Library, 111 North 8th Street, Gatesville, Texas- 11. Recess Meeting to Gatesville City Hall, 110 North gth Street, Gatesville, Texas 12. Reconvene meeting at Gatesville City Hall, 110 North 8th Street, Gatesville, Texas------ 13. Discussion and possible action regarding award of bid of Coronavirus Local Fiscal Recovery Funds for the Gatesville Public Library & Gatesville City Hall roof improvements to GG General 14. Discussion and possible action regarding Change Order No. 11 for the Gatesville Public Library 15. Discussion and possible action regarding al Facility Naming Policy for the City of Gatesville. 16. Discussion and possible action regarding award of contract for asphalt tol Knife River-South. 17. Discussion regarding Ordinance 2024-13, amending the Gatesville Code of Ordinances at Chapter 10 Buildings and Building Regulations, Article II Technical Codes, Division 1.- Generally, by adding new sections; Creating Section 10-26- Carport Regulations; providinga severability clause; providing a savings clause; and providing for an effective date. (1st 18. Discussion and possible action regarding Ordinance 2024-11, amending the Gatesville Code of Ordinances by amending Chapter 48. Subdivisions; Providing a Severability Clause; Providing a Savings Clause; and Providing for an Effective Date. (3rd & final reading of 19. Discussion and possible action regarding an Ordinance of the City of Gatesville, Texas, amending the Gatesville Code Of Ordinances at Chapter 10 "Buildings And Building Regulations," Article II' Technical Codes," by adding a new Division 4 "Portable Buildings and Containers"; Providing a Penalty of Fine not to Exceed $500; Providing: a Severability Clause; Providing a Savings Clause; and Providing for an Effective Date. (3rd& final reading 20. Discussion and possible action accepting the annexation petition submitted by" Tracy and Stacy Summers, being all the owners of approximately 5 acres of real property situated in the Henry Farley and. J.A. Clayton Surveys located in the City of Gatesville, Coryell County, Texas Contractors not to exceed $430,438.67. HVAC services with Muegge Heating and Air. (Mike Halsema) (Mike Halsema) (Mike Halsema) (Mike Halsema) reading of Ordinance 2024-13) (Holly Owens) Ordinance 2024-11) (Holly Owens) ofOrdinance 2024-12) (Holly Owens) (Brad Hunt) and being commonly known as 2204 Coryell City Road. 21. City Manager Report 22. Adjourn Meeting Gatesville, Texas. Hiklias Holly OwensCity Secretary I hereby attest that the above agenda was posted on this the 6th day of December, 2024 by 5:00 p.m. on the official City of Gatesville website, www.gatesilletzcom and the official bulletin boards at the Gatesville City Hall, 803 E. Main Street and Gatesville Council Chambers, 110 N. 8th Street, The City of Gatesville council chambers are wheelchair accessible and accessible parking spaces are available att the back entrance of City Hall. Requests for accommodations or interpretive services must be made 24 hours prior to this meeting. Please contact the city secretary's office at 254-865-8951 or FAX 254-865-8320, As authorized by section 551.071 of the Texas Government Code, this meeting may be convened into closed, executive session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item herein. The City of Gatesville reserves the right to reconvene, recess, or realign the regular session or called executive session or order of business as set forth ont the agenda at any time prior to adjournment. or email wooe@gatesyllekx.comt for further information. P2 Gatesville Spur Capitalnf Tiras Agenda item #6 Date: To: From: CITY COUNCILMEMORANDUM December 10, 2024 Mayor & City Council Bradford Hunt, City Manager Agenda Item:Discussion and possible action regarding agreement to accept pre-treated wastewater from Attic Breeze, ai manufacturing plant within the ETJ of the City of Gatesville. Information: Since January 2024, representatives of Attic Breeze have been working to obtain permission to discharge pre-treated wastewater into the City's sanitary sewer system. Attic Breeze is a manufacturing plant on South FM 116 outside city limits but within the Extra Territorial Jurisdiction of the City of Gatesville. The plant manufactures ventilation systems and uses a wash system as part ofap powder coating process; the wastewater from the wash system is currently pre- treated on-site and then transported by truck to a facility in the DFW area. Attic Breeze began discussions with the City and proposed that they would ideally proceed int two phases: 1)transport the wastewater to a Gatesville Wastewater Treatment Plant (WWTP) via tank truck (once per week), and 2) work with the city to extend the existing sewer line to Attic Breeze and then By March 2024, the City had received a technical memorandum from its contract engineers, FNI, and advised Attic Breeze (AB) that an agreement çould be drafted based on those findings. AB agreed to pre-pay for development of the agreement, and by May 2024, they had agreed to the general terms ofit. Also in May 2024, council passed an ordinance related to utility extensions outside the city limits, which directly impacted AB's intended future connection to an extended discharge directly into the sewer. city sewer line. Between May and November. 2024, the following occurred: 1. Attic Breeze completed their on-site pre-treatment facility, and conducted several tests of the wastewater to ensure. it complied with the parameters set forth in the proposed 2. City staff visited the AB plant and observed their operations, including their pre-treatment 3. City worked with FNI and our contract utility-related attorneys, Gosselink, to finalize the parameters of the agreement and ensure that our commitments did not negatively impact 4. City and AB staff negotiated the final agreement, which is presented herein. agreement. facility. current City of Gatesville WWTP operations. P3 If approved by Council, the City will agree to accept wastewater from Attic Breeze under the guidelines oft the attached agreement. Financial Impact: SlaffRecommendation: Fees collected will cover the cost ofa additional operations, with slight net revenues. Based on the opportunity for future sewer line extension and possible annexation ofAttic Breeze into the city limits, staffbelieves the terms of this agreement are acceptable. Staff has worked diligently with our contract engineers, FNI, as well as legal consultants at Gosselink, to ensure testing and safety measures, as well as. logistics favorable to our current operations, are in place. The staff recommends that the City Council approve an agreement between Attic Breeze and the City of Gatesville ini regard to the City accepting wastewater from Attic Breeze; and authorize the City Manager to execute said agreement. Motion: Imake the motion to approve an agreement between. Attic Breeze and the City of Gatesville in regard to the City accepting wastewater from Attic Breeze; and authorize the City Manager to exeçute said agreement. Attachments: Agreement, Insurance, Recent Testing Results Staff Contacts: Bradford Hunt, City Mgr-ussuilaan P4 Att. 1, Agreement P5 WASTEWATER SERVICE AGREEMENT BETWEEN ATTIC BREEZE, LLC. AND THE CITY OF GATESVILLE THE STATEOF TEXAS COUNTY OF CORYELL $ $ $ THIS WASTEWATER SERVICE. AGREEMENT ("Contract") is made and entered into as of the last date of execution (the "Effective Date") by and between Attic Breeze, LLC, a' Texas limited liability corporation ("Customer"), and the City of Gatesville, a Texas municipality ("Ci(Customer and City are each a "Party" and are collectively, the "Parties"). RECITALS WHEREAS, Customer produces powder coated metal products resulting in wastewater, primarily arising from a sheet metal cleaning process ("Wastewater")i performed at the production facility located at "Attic Baa'LICI3OFM.IL, Gatesville, Texas, 76528 (the "Production WHEREAS, City owns and operates wastewater treatment plants, specifically the Leon Plant Wastewater Treatment Facility and the Stillhouse Branch Wastewater Treatment Facility, WHEREAS, Customer has requested that the City accept, treat, and discharge Customer's Wastewater generated from the Production Facility, int the amount not to exceed 1,000 gallons per WHEREAS, City desires to provide receive, treat, and discharge the Wastewater from Customer's Production Facility in the amount of the Requested Capacity, subject to the terms of this Contract and City Ordinances, as may be amended from time to time (such City Ordinances, WHEREAS, Customer desires that the City accept, treat, and discharge the Wastewater from Customer's Production Facility in the amount ofthel Requested Capacity, subject to thei terms WHEREAS, the Parties desire to enter into this Contract, providing the terms and conditions under which City will provide such wastewater service to Customer. NOW THEREFORE, for and in consideration for the mutual promises hereinafter expressed, and other good and valuable consideration, the sufficiency of which is hereby acknowledged by thel Parties, Customer and City agree and contract as follows: Facility"); and a sewer system (collectively, the "Wastewater System"); day on average ("Requested Capacity"); as may be amended from time to time, are the "Ordinances"); ofthis Contract and Ordinances; and WASTEWATERS SERVICEAGREEMENT BETWEEN. ATTIC BREEZE, LLC AND1 THE CrrY OF GATESVILLE P6 AGREEMENT 1. Wastewater Service. (a) Subject to the terms and conditions of this Contract, the City agrees to provide retail wastewater service to Customer ("Wastewater Service") at the Production Facility. The Parties agree that the provision of Wastewater Service includes the City accepting the Requested Capacity at an average rate of 1,000 gallons ofwastewater per day ("Average Rate"), so long as it is delivered to City by Customer for treatment and discharge at either the City'sLeon. Plant Wastewater Treatment Facility, located at 1100 College Street, City of Gatesville, Texas 76528, or the Stillhouse Branch Wastewater Treatment Facility, located at 402 Stillhouse Road, Gatesville, Texas 76528 (these two wastewater treatment plants are collectively the *WWTPs") and subject to the other conditions of this Contract; provided, however, that the Citys shalll have the sole discretion to decide which City WWTP that Customer shall deliver the Customer's Wastewater. If City needs to change the City WWTP where Customer shall deliver the Wastewater, then the City shall give Customer (a) Customer must pretreat all Wastewater prior to delivery to the City to a level that does not exceed the local limits ("Local Limits") attached hereto as Exhibit A, including any limitconcentration ("Maximum Levels") determined by the City for conventional pollutants for domestic wastewater, including, but not limited to, 5-day carbonaceous biochemical oxygen demand (CBODs), chemical oxygen demand (COD), total suspended solids (TSS), total phosphorus (TP), total Kjeldahl nitrogen (TKN), and pH (collectively, the "Conventional. Pollutants"). Customer agrees to comply with the City'sLocal) Limits, any City pretreatment Ordinances, and the Maximum Levels for Conventional Pollutants (b) The Parties agree that the design, construction, and installation ofa pretreatment system ("Pretreatment System") is necessary for the pretreatment of Wastewater generated by Customer based upon Customer's operations and the findings of the Technical Memorandum evaluating the impact of accepting Customer's industrial waste. Such memorandum is attached hereto as Exhibit B. IfCustomerwillhave: any Wastewater other than that proposed in the Recitals of this Contract and the City confirms that the other, proposed wastewater would require additional pretreatment facilities, then the Customer hereby agrees to construct and maintain in good working order, at its sole cost, additional pretreatment facilities through which any such wastewater that could contain prohibited substances, or any other substances that could causel harm to the Wastewater System would be passed before the other wastewater is discharged into the City's Wastewater System. (c) The Pretreatment System should remove from wastewater substances prohibited from discharge into the Wastewater System, including but not limited to, pollutants that create fire or explosion hazard; pollutants which will cause corrosive structural damage; solid or viscous pollutants in amounts that will cause obstruction to flows at the wastewater treatment facility; petroleum oil, non-degradable cutting oil, or products of mineral oil origin; pollutants which result in the presence oftoxic gases, vapors, or fumes; pollutants in excess ofLocal Limits, and Conventional Pollutants that are in excess of thel Maximum one (1) day prior notice. 2. Pretreatment of Wastewater. as ofthe date ofthis Contract or as may be adopted in the: future. Levels. WASTEWATER SERVICE. AGREEMENT. BETWEEN. ATTIC BREEZE, LLC. AND' THE CITY OF GATESVILLE P7 (d) The Parties agree that Customer has delivered to City copies of all Pretreatment System plans for City review and inspection prior to execution of this Agreement. The minimum requirements ofthel Pretreatment System, as well as' Wastewater delivery requirements, are attached hereto as Exhibit C. The City must be given an opportunity to inspect and test the pretreatment facilitiesat any later time during the term of this Contract to ensure the quality of Customers pretreated Wastewater. All costs incurred by the City for review, inspection, and testing ofthej pretreatment facilities shall be paid by the Customer. (e) The Customer must immediately notify the City ofany failures of the Pretreatment System and report the details of such failures and subsequent remedy prior to the Customers next (a) Customer must verify the effectiveness of the Pretreatment System by completing and providing to the City sampling for all pollutants and Conventional Pollutants contained in (b) Customer should sample its pretreated Wastewater in accordance with the Locall Limits for Conventional and Non-Conventional Pollutants, attached hereto as Exhibit A, and promptly provide the sampling results to the City for its review. Customer may request a reduction in sampling frequency for any pollutant in Exhibit A ifit can demonstrate 6- (c) The City reserves the right to conduct its own sampling of Customer's Wastewater. (d) The City shall have the right to make unannounced visits to the Production Facility to conduct sampling and Customer shall cooperate with the City in such instances; provided, however, that such visits/sampling shall be conducted during normal business hours. (a) Thet total amount of Wastewater delivered to City by Customer will not exceed the Average Rate, and Customer shall not deliver any Wastewater to City more than onçe per week. The City, in its sole discretion, shall notify Customer as to which City WWTP to deliver the Wastewater unless the Parties agree otherwise and subject to the prior notification provision in Section 1, herein. Deliveries shall be: scheduled for every Thursday, beginning the first full week following the Effective Date of this Agreement. Any changes to scheduled deliveries shall be made at least one (I)working day in advance via City WWTP Supervisor Bobby Buster or his designee, at which time the City will advise Customer as (b) All Wastewater delivered to the City by Customer must be transported in compliance with all Texas Commission on Environmental Quality ("TCEQ") regulations pertaining to the transportation ofwastewater. To ensure such compliance, Customer agrees to determine, and report to the City, the class of its wastewater in accordance with the classification system contained in 30 Texas Administrative Code 355, Subchapter R. If Customer determines that the Wastewater is Class 1 Industrial Waste, then Customer will register with the TCEQ as a transporter of Class 1 Industrial Waste, or seek the services ofa registered transporter for the transport and delivery of Customer's Wastewater to the City. delivery ofwastewater to the City. 3. SamplinzofWAstewater. the. Local Limits. months of consistent sampling results below the: required limit. 4. Deliveryand Discharge Locations. to which City WWTP will accept such delivery. WASTEWATER: SERVICE AGREEMENT BETWEEN. ATTIC BREEZE, LLC AND' THE CITY OF GATESVILLE P8 (c) The City reserves the right to refuse to accept any delivery of Wastewater from the Customer at any time for any reasonable reason, and until such time as the City determines Customer's Wastewater meets all requirements oft the Contract and will not cause harm to the Wastewater System. When possible, the City will make all efforts to notify Customer at least one (1) working day in advance of any circumstances that will prevent the City (a) Customer shall be required to pay the City's then-current sewer fees and surcharge rates, as established in the City's Water and Sewer Rates and Charges ordinance and as may be amended from time to time, as follows: the City's sewer deposit of $50.00, ("Sewer Deposif"); base monthly charge of $11.13, plus an additional $4.00 per 1,000 gallons ("Commercial Sewer Rate"); volumetric charge of $5.96 per 1,000 gallons ("Volumetric Charge"); biological oxygen demand and suspended solids surcharge ("BOD and SS Surcharge") in accordance with the City's surcharge formula attached hereto as Exhibit D; monitoring charges for testing conducted by the City in the amount oft the full cost to the City ("Monitoring Charge"); and a 10% service charge for any bill notj paid on or before the 15th day of the month they become due ("Service Charge"). The preceding (a) Customer agrees to comply with all provisions ofthis Contract, including adherence to the Local Limits contained herein, City Ordinances, and Maximum Levels for Conventional Pollutants. In the event of noncompliance of the same by Customer, Customer will be responsible for reimbursing all costs incurred by the City related to the discharge and/or disposal of all noncompliant Wastewater, in addition to the costs of any enforcement actions of the TCEQ attributable to Customers wastewater and all costs to remediate any impacts or affects on the receiving waters of the treated effluent from the WTTPS or the disposal sites that receive the sludge from the WTTPS The City's water quality and biosolid permits pertaining to this Contract are attached hereto as ExhibitE. (b) The City may terminate the Contract at its sole discretion in the event ofrepeated violations of the terms of the Contract. Such termination will not alleviate Customer of its responsibility to reimburse all costs incurred by the City related to the discharge and/or disposal of all noncompliant wastewater, and the costs of any enforcement actions of the TCEQ attributable to Customers wastewater. The City may deny the receipt of any Wastewater ifit would violate the Local Limits, City Ordinances, or Maximum Levels for 7. Indemnity. IN ANY PROCEEDING, CUSTOMER SHALL INDEMNIFI, RELEASE, DEFEND, AND HOLD HARMLESS CITY, ITS ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, CONTRACTORS,ATTOATTORNEYS,ANDOK CONSULTANTS (COLLECTIVELY, "NDEMNITEES FOR, FROM, AND AGAINST ANY AND ALL LOSSES, LIENS, CLAIMS, DEMANDS, ACTIONS, SUITS, JUDGMENTS, AND LITIGATION EXPENSES OF ANY NATURE, KIND, OR DESCRIPTION OF ANY PERSON OR ENTITY, DIRECTLYOR. INDIRECTLYARISING OUTOF, RESULTING FROM, OR RELATED TO (IN WHOLE OR IN. PART) THIS CONTRACT, EXCEPTTO from accepting a delivery of Wastewater from the Customer. 5. Payment of Fees. fees are due to the City, as ofthe Effective Date. Noncompliance. Conventional Pollutants. WASTEWATER SERVICE AGREEMENT. BETWEEN ATTIC BREEZE, LLC. AND THE CITY OF GATESVILLE P9 THE EXTENTOFANYGROSSNEGLIGENCE OR INTENTIONAL MISCONDUCTOF THE INDEMNITEES. CUSTOMER'S OBLIGATIONS TO INDEMNIFY, RELEASE, DEFEND, AND HOLD HARMLESS THE INDEMNITEES SHALL SURVIVE The term' "Loss" means any amount awarded in, or paid in settlement of, any Claim, including interest but excluding Litigation Expenses. The term "Litigation Expenses" means any reasonable out-of-pocket expense incurred: in defending a Claim ori in any relatedi investigation or negotiation, including court filing fees, court costs, arbitration fees, mediation fees, witness fees, and attorneys' and other professional fees and disbursements. The term "Proceeding" means any judicial, administrative, or arbitrative action, suit, claim, investigation, or (a) Prior to construction of the Pretreatment Facilities, Customer shall obtain and maintain environmental or pollution liability insurance in the minimum amount of two million dollars ($2,000,000) aggregate and per occurrence that names the City as an additional insured. Customer shall furnish to the City promptly, upon request, a certificate or certificates from the respective insurer(s), naming the City as an additional insured and setting forth the nature and extent ofall suchi insurancei maintained! by Customer. Customer will also provide a certified copy oft the original policy(-ies) and a satisfactory certificate ofinsurance with premiums fully paid. Any such insurance may be evidenced by blanket insurance policies covering Attic Breeze, LLC as long as such] policy(-ies) cover the scope (b) Not later than ten (10) days before the expiration date of the insurance policy, Customer shall deliver to the City a binder or certificate of the insurer evidencing the renewal or replacement of that policy, with premiums fully paid together with (in the case of a renewal) a copy ofa all endorsements to the policy and not previously delivered to the City, or (in the case ofar replacement) an original or certified copy of the replacement policy. Customer shall pay all premiums on the policy required hereunder as they become due and payable and promptly deliver to the City evidence satisfactory to the City of the timely payment thereof. Customer shall at all times comply with thei requirements ofthei insurance policy required hereunder and of the issuers of such policy and of any board of fire 9. Effect of Force Majeure. In the event either Party is rendered unable by Force Majeure (defined herein) to carry out any ofits obligations under this Contract, in whole or inj part, then the obligations of that Party, to the extent affected by the force majeure will be suspended during the continuançe of thei inability, as long as the Party exercises due diligence to resume performance at the earliest practical time. As soon as reasonably possible after the occurrence of the Force Majeure relied upon to suspend performance, the Party whose contractual obligations are affected shall give notice and full particulars of the Force Majeure to the other The cause, as far as possible, willl bei remedied with all reasonable diligence. The term' "Force Majeure" includes acts of God, strikes, lockouts or other industrial disturbances, acts of the WASTEWATER SERVICE. AGREEMENT BETWEEN. ATTICI BREEZE, LLC. AND' THE CITy OF GATESVILLE TERMINATION OFTHIS CONTRACT. proceeding. 8. Insurance. ofactivities provided for in this Agreement. underwriters or similar body as applicable. Party. P10 public enemy, orders of the government of the United States or the State ofTexas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and civil disturbances, explosions, breakage, or accidents to equipment, pipelines, or canals, partial or complete failure of water supply, and any other inabilities of either Party, whether similar to those enumerated or otherwise, that arei not within the control ofthe! Party claiming thei inability and that could not have been avoided by the exercise of due diligence and care. The Parties understand and agree that the settlement or strikes and lockouts will be entirely within the discretion of the Party having the difficulty and that the requirement that any Force Majeure ber remedied with all reasonable dispatch does not require the: settlement ofstrikes and lockouts by acceding to the demands of the opposing Party if, in the judgment of the Party having the 10. Notices. Any notice given by either Party to the other Party under this Contract must be in writing and may be accomplished by personal delivery or by sending the notice by registered or certified mail, return receipt requested, to the address set forth below. Notice willl be deemed given when deposited with the United States Postal Service with sufficient postage affixed. difficulty, the settlement is unfavorable to it. Any notice mailed to City will be addressed: City of Gatesville Attn: City Manager 803 E. Main Street Gatesville, Texas 76528 Attic Breeze, LLC Attn: 13701 FM116 Gatesville, Texas 76528 Any notice mailed to Customer will be addressed: Either Party may change the address for notice toi it by giving written notice oft the change (a) If either Party breaches any term or condition of this Contract, the non-breaching Party may, at its sole option, provide the breaching Party witha anotice oft the breach within sixty (60) days of discovery of the breach by the non-breaching Party. Upon notice of breach, the breaching Party will have sixty (60) days to cure the breach. Ift the breaching Party does not cure the breach within the sixty (60) days, the non-breaching Party will have all rights at law and in equity, including the right to enforce specific performance of this Contract by the breaching Party, the right to perform the obligation in question and to seek (b) Termination of this Contract by a non-breaching Party will not affect any previous in accordance with the provisions ofthis paragraph. 11. Breach of Contract and Remedies. restitution for all damages incurred in connection therewith. conveyance made in accordance with this Contract. WASTEWATER SERVICE. AGREEMENT BETWEEN. ATTIC BREEZE, LLCAND THE CITY OF GATESVILLE P11 (c) The rights and remedies of the Parties provided ini this Contract are not exclusive and are in addition to any other rights and remedies provided by law and under this Contract. 12. Third Parties. This Contract is made and entered into solely by the Parties. It is the express intention of the Parties that the terms and conditions ofthis Contract may be enforced by either Party to the Contract but not by any third party or alleged third-party beneficiary. 13. Captions. Captions arei included: solely for convenience ofreference and ifthere is any conflict between captions and the text oft the Contract, the text shall control. 14. Context. Whenever the context requires, the gender of all words herein shall include the masculine, feminine, and neuter, and the number ofall words will include the singular and the 15. Mediation. Prior to the institution ofl legal action by either Party related to any dispute arising under this Contract, the dispute will be referred to mediation by an independent mediator mutually agreed upon by both Parties. The cost oft the mediator willl be shared equally by both 16. Litigation Expenses. The prevailing Party in any legal proceeding brought by al Party to this Contract against the other Party, for claims under this Contract, willl be entitled to recover court 17. Intent. The Parties covenant and- agree that they will execute and deliver any further instruments and documents as are or may become necessary or convenient to effectuate and 18. Multiple Originals. This Contract may be executed ini multiple originals, any copy ofwhich will be considered to be an original, and all of which will constitute the same document. 19. Authority. Each signatory hereto represents and affirms that he/she is authorized to execute 20. Severability. The provisions of this Contract are severable, and if any word, phrase, clause, sentence, paragraph, section, or other part of this Contract or the application thereof to any person or circumstance is ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Contract and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Contract to other persons or circumstances will not be affected thereby and this Contract will be construed as if 21. Entire Agreement. This Contract, including any exhibits attached hereto and made a part hereof, constitutes the entire agreement between the Parties relative to the subject matter of this Contract. All prior agreements, covenants, representations, or warranties, whether oral or in writing, between the Parties are merged herein. The Recitals at the beginning of this plural. Parties. costs and reasonable attorneys' fees from the non-prevailing Party. carry out the intent oft this Contract. this Contract on behalf of their respective Party. such invalid or unconstitutional portion had never been contained therein. Contract are incorporated into the terms ofthis Contract for all purposes. WASTEWATER SERVICE AGREEMENT BETWEEN ATTICI BREEZE, LLCA ANDTHE CITy OF GATESVILLE P12 22. Amendment. No amendment of this Contract will be effective unless and until it is duly approved by each Party and reduced to a writing signed by the authorized representatives of 23. Governing Law. This Contract will be construed under and in accordance with the laws of the State of Texas, and all obligations of the Parties are expressly deemed performable in 24. Venue. Any action at law or in equity brought to enforce or interpret any provision of this Contract must be brought in a state court of competent jurisdiction with venue in Coryell 25. Successors and Assigns. This Contract is binding on and will inure to the benefit of the heirs, 26. Assipnability, The rights and obligations of Customer hereunder may not be assigned without 27. Duration and Termination. This agreement shall remain in effect for three (3) years from signature dates and requires consideration of a permanent sewer connection, including promised or actual voluntary annexation as required by City Ordinance, within that time frame. Upon termination date, this Contract may be renewed for a term agreed upon by both Parties. This agreement may be terminated by either Party, with or without cause, by giving the other 28. Lone Star Infrastructure Protection Act Verification. Pursuant to Chapter 2275 of the Texas Government Code (as added by Senate Bill 2116, 87th] Legislature, Regular Session), as amended, and to the extent the Agreement grants to the Customer direct or remote access to thec control ofcritical infrastructure, excluding access specifically allowed for product warranty and support, the Customer verifies that neither the Customer, including any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same, nor any ofits sub-contractors are: (i) owned or controlled by (a) individuals who are citizens of China, Iran, North Korea, Russia or a designated country; or (b) a company or other entity, including a governmental entity, that is owned or controlled by citizens of ori is directly controlled by the government ofChina, Iran, North Korea, Russia, ora designated country; or (ii) headquartered in China, Iran, North Korea, Russia or a designated country. The term "designated country" means a country designated by the Governor as at threat to critical infrastructure under Section 2274.0103, Texas Government Code. Thet term "critical infrastructure" shalll have thei meaning 29. Anti-Terrorism Representation. Pursuant to Chapter 2252, Texas Governmént Code, the Customer represents and certifies that, at the time of execution of this Supplement neither the Customer, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same, is a company listed by the Texas Comptroller ofPublic Accounts under City and Customer. Coryell County, Texas. County, Texas. successors and assigns of the Parties. thej prior written consent of City. Party at least sixty (60) days prior written notice. assigned to such term in Section 2274.0101,1 Texas Government Code. Sections 2270.0201 or 2252.153 of the Texas Government Code. WASTEWATER SERVICE AGREEMENT BETWEEN ATTICI BREEZE, LLCA AND THE CITY OF GATESVILLE P13 [Signature pagej follows immediately.] WASTEWATER SAGEAGHEMANTBETMENA ATTIC BREEZE, LLCAND THE CITY OF GATESVILLE P14 IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed by its duly authorized representative in multiple copies, each of equal dignity, on the date or dates indicated below (the last date signed is the "Effective Date"). CITY: municipality By: Name: Title: Date: CUSTOMER: ATTIC BREEZE, LLC, a' Texas limited liability company CITY OF GATESVILLE, aTexas By: Name: Title: Date: WASTEWATER SERVICE AGREEMENT BETWEEN ATTIC BREEZE, LLC, AND THE CITY OF GATESVILLE P15 ExhibitA City of Gatesville'sLocall Limits P16 City of Gatesville Local Limits Proposed Gatesville.Local Limits 0.2 .06 2.5 1.0 0.50 0.6 0.002 1.0 1.5 0.15 1.20 2.0 200 200 220 360 40 70 6.0to9.0 Pollutant Non-Conventional Pollutants Arsenic Barium Cadmium Chromium Copper Cyanide Lead Mercury Molybdenum Nickel Selenium Silver Zinc Oil& Grease Conventional Pollutants CBODs TSS COD TKN TP pH Unit mg/I mg/l mg/I mg/l mg/I mg/l mg/I mg/I mg/l mg/l mg/l mg/l mg/I mg/l mg/l mg/l mg/l mg/l mg/l Monthly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Monthly Quarterly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly P17 ExhibitB Technical Memorandum P18 TECHNICAL MEMORANDUM incovattvs mpproaches www.freese.com DRAFT FREESE Practicalresuts NICHOLS Owstandngervice 10431 Morado Circle, Sulte 300 + Austin, Texas 78759 + 512-617-3100 + FAX 817-735-7491 TO: Scott Albert, City Manager THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF COBYC.GEE P.E., TEXAS NO. 118865 ON 3/8/2024. ITIS NOT TO BE USED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. FREESE ANDI NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 FROM: Coby Gee, PE SUBJECT: Attic Breeze Industrial Wastewater PROJECT: Gatesville General Engineering Services DATE: CC: March 8, 2024 Kiral lles, PE, Bobby Buster, Chad Newman 1.00 INTRODUCTION FNI was asked by the City of Gatesville to evaluate thei impact of accepting industrial waste from a potential industrial customer, Attic Breeze. Details of the proposed discharge are included below. 1.01 INDUSTRIAL PROCESS DESCRIPTION Attic Breeze produces powder coated metal products. Thei industrial wastewater discharging from the process is primarily from a sheet metal (galvalume) cleaning process prior to powder coating. The cleaning process uses a combination of chemicals produced by Custom Chemical ofl Texas or Sunbelt Chemicals, Corp., including those listed in Table 1.1. Safety data sheets for the chemicals were provided by thei industry and are attached. Table 1.1:Attic Breeze Industrial Chemical Summary Product/Product Name Industrial Cleaner/#20097 #Z-403 Pretreatment Descripton/Hazardous Components Industrial Cleaner Additive/#71648 Cleaner Booster 2-Butoxyethanol: 8-30% Ethoxylated Alcohols: 8-20% Used for conversion coating for industrial surface treatment. Hexafluorozirconic Acid:2-6% Ammonium Hexafluoronic Acid: 1-5% Defoamer, no hazardous components reported Hydrochloric Acid, 31.45% Defoamer/#72778 Defoamer SMART Muriatic Acid, Transchem Muriatic Acid The process wastewater leaving the cleaning process is described as wash water1 that includes chemical residuals from the products described in Table 1-1 as well as cutting oil/grease and likely metal ions fromi the P19 original sheet metal products. Attic Breeze indicated that the process wastewater goes througha pretreatment step! before sewer discharge that willl likely include aeration, scum baffling, ands settling, primarily targeting removal of the cutting oils/grease with the expectation that metals will settle as sludge as well. The sludge and floatables will be disposed of separately. Atticl Breeze provided analytical sampling results of the proposed wastewater as shown in Table 1.2. Attic Breeze indicated that the samples were taken prior to pretreatment as that portion oft the process has not yet been constructed. Table 1.2:Attic Breeze Wastewater. Sompling Results 7/21/23 Pollutant Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver Zinc BODs COD TSS pH Oil& Grease Attic Breeze Sample 7/21/23 0.051 0.141 <.050 <.050 <,050 <0.1 <,050 <0.1 3.36 122 247 142 7.21 1.6 FNI recommended that Attic Breeze perform additional sampling to ensure that at a minimum, wastewater data is available for evaluation for EPA's 15 National Pollutants of Concern (POCs). These include: Arsenic, Cadmium, Chromium, Copper, Cyanide, Lead, Mercury, Nickel, Silver, Zinc, Moybdenum, Selenium, 5-day Biochemical Oxygend Demand (BODs), Total Suspended Solids (TSS), Ammonia (NH3-N). Several of these contaminants were not included int the original sampling so FNI requested additional sampling and analysis be performed for the missing pollutants, including: Nickel, Copper, Cyanide, Molybdenum, and Ammonia. Additionally, the mercury test performed had a minimum detection limit of0.1 mg/l and as mercury is toxic at very lowl levels, FNI requested al low-level mercury test be performed per EPA Method 1631 Ewhich measures down to! 5r ng/lor ppt. Total phosphorus and Chemical Oxygen Demand (COD) was also recommended to be Atticl Breeze performed additional sampling on 2/12/24. For this sample, the wastewater was allowed to settle inai frac tank to simulate the pretreatment process tol be installed at the Attic Breezei facility. Aeration of the wastewater prior to settling was not simulated so additional reduction of biological parameters sucha as BODis expected oncet thet full pretreatment: system is in operation. The results of the combined sampling are included sampled as they are important conventional pollutants in wastewater treatment. in Table 1.3. 2 P20 Table 1.3: Attic Breeze Combined. Sampling Results Pollutant Unit Attic Breeze Attic Breeze Sample 7/21/23 0.051 0.141 0.05 0.05 0.05 Settled Sample 2/12/24 <0.02 <0.04 <0.04 <0.02 0.183 <0.1 0.025 0.029 <0.05 <0.04 0.045 0.106 17 54.1 624 18 20 0.09 7.08 Non-Conventional Pollutants mg/Il mg/l mg/l mg/I mg/I Not Sampled mg/! Not Sampled mg/l I mg/l Not Sampled 0.00000167 mg/l Not Sampled mg/l Not Sampled mg/l mg/l mg/l mg/I Conventional Pollutant mg/l mg/I mg/I mg/l Not Sampled mg/l Not Sampled S.U. Arsenic Barium Cadmium* Chromium* Copper Cyanide Lead* Mercury Molybdenum Nickel Selenium* Silver* Zinc Oil8 & Grease BODs COD TSS Phosphorus Ammonia pH 0.05 0.1 3.36 1.6 122 247 142 7.21 Attic Breeze has requested to discharge wastewater up to once per week at the City's Leon WWTP Facility, including upt to 1,000 gallons of wastewater per day. Attic Breeze has also asked to considerac connection to the City'sseweri in the future. 1.02 PROPOSED EVALUATION Acursory review of the City's ordinance indicates that there is currently no adopted wastewater pretreatment ordinance, which would include Technically Based Local Limits (TBLLS) governing the acceptable levels of the proposed pollutants ini industrial discharges. Accordingly, FNI recommended the following: steps to evaluate the process wastewater's impact oni the City'sleon and Stillhouse WWTPs. Review of City Ordinance Prohibitions and Federal Pretreatment Regulations (40 CFR Part 403) as they relate to any of the proposed pollutants. Comparison of wastewater datai from Attic Breeze VS. regional TBLLS Review of quantity and quality of conventional pollutants versus WWTP capacity 3 P21 2.00 EVALUATION 2.01 CITYORDINANCE: EVALUATION The City of Gatesville has not adopted an industrial pretreatment ordinance sot for this evaluation, FNI reviewed the City's existing ordinance to determine ifthere are any relevant requirements or prohibitions on the proposed wastewater. The City has two ordinance sections (included below) that are relevant to industrial wastewater. The first prohibits the discharge of pollutants that may obstruct the sewer system due tos size or composition and the second establishes a wastewater surcharge ratei for the discharge ofl high-strength wastewater, specific tol BODs and" TSS. Based ont thei initial description of the process wastewater discharged by the City, these two ordinances would not seem to apply to the wastewater proposed to be discharged by Attic Breeze. Sec. 56-14. - Discharges into sewerage-Approval: obstructions. The city reserves the right tor review and approve any waters or waste now entering the city sewer system or proposed to be discharged intos suchs system, andi no waste containing solids ofs such size or composition that might obstruct thej flow oft the system or treatment plant or fail to settle out in the treatment process may be discharged or deposited intot the city sewer system or any pipes or drains connected therewith. (Code 2013, $21-29;Ord. of1--1962,57;Ordof2-8-1972,57) Sec 56-34 - Monthly rate Inside city C. Monitored group class established. The city shall establish a monitored group class, consisting of those customers whose wastewater. strength is, in its judgment, abnormally high, and charges to customers ini this class shalll be computed in accordance with the rate. schedule as provided in chapter. 18, which schedule. shall replace all other charges previously made for industrial. strength waste. Monitored Group Volume charge $5.96 per 1,000 gal. BOD and SS surcharge (according tot thei following formula): s= CIBOD-200)+ (SS-220) (8.345)(V) Where: S=Surcharge to user in dollars to be added to monthly billing for sewer. V= Monthly volume of wastewater discharged by monitored customer. C= Unit cost of treatment at $/lb. 4 P22 BOD= BOD strength index in mg/l. 200 = Normal BOD strength in mg/l. SS= Suspended: solids strength index in mg/l. 220=1 Normal suspended solids strength in mg/l. 8.345=F Factor converting mg/l to pounds/gallons. Monitoring charge (testing) wastewater produced. Total cost to the city The monitoring charge shall consist of all costs for personnel, material and equipment used to collect and analyze samples from customers' wastewater to determine the strength oft the 2.02 FEDERAL PRETREATMENT REGULATIONS EVALUATION 40CFRI Part 403 describes National Pretreatment Standards to control pollutants which' "pass through" or "interfere" with treatment processes at WWTPS, specifically discharged by non-domestic sources whether transported via sewer or truck. The goal oft the National Pretreatment Program is as follows: 1. To prevent the introduction of pollutants into Publicly Owned Treatment Works (POTWs)which will interfere with the operation ofa al POTW, including interference with its use or disposal of municipal 2. To prevent thei introduction of pollutants into POTWS which will pass through the treatment works or 3. Toi improve opportunities to recycle andi reclaim municipal and industrial wastewaters and: sludges. Theseg goals are mainly accomplished through three mechanisms: Specific Prohibitions, Categorical sludge; otherwise be incompatible with such works; and Pretreatment Standards, and Technically Based Locall Limits (TBLLS). Specific Prohibitions EPA CFR Part 4.03.5 includes "Specific Prohibitions" which includes types of pollutants prohibited from being discharged to any WWTP. For reference, these specific prohibitions are listed below ini italics. Attic Breeze has indicated that their wastewater includes cutting oil (see redi text below) but that theyi intend to installa pretreatment. system to remove this oil and other metals prior to discharge to the City's WWTP. Installation of this pretreatment system prior to discharge should be arequirement in any agreement with the City. (b): Specific prohibitions. In addition, the following pollutants shall not bei introduced into a POTW: (1)Pollutants which create af fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cupj flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specifiedi in 40CFR261.21; 5 P23 (2) Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pHI lower than 5.0, unless the works is specifically designed to accommodate such Discharges; (3) Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW (4) Any pollutant, including oxygen demanding, pollutants (BOD, etc.)released in a Discharge at aj flow rate and/or pollutant concentration which will cause Interference with the POTW. (5) Heat in amounts which willi inhibit biological activity in the POTWresulting in Interference, but in no case heat ins such quantities that the temperature at the POTW Treatment. Plant exceeds 40 "C(104 F) unless the Approval Authority, upon request of the POTW, approves alternate temperature limits. (6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will (7) Pollutants which result in the presence oft toxic gases, vapors, or) fumes within the POTWina (8) Any trucked or hauled pollutants, except at discharge points designated. by the POTW. Categorical pretreatment standards apply to Categorical Industrial Users (CIUs). CIUS are those industries known to discharge toxic pollutants, for which EPA has developed wastewater standards specific to that industry. The most relevant industrial category fort this evaluation is Metal Finishing. Per 40 CFRI Part 433.10, the Metal Finishing categoryi is applied to "plants which perform any oft thet following six metal finishing operations on any basis material: Electroplating, Electroless Plating, Anodizing, Coating (chromating, phosphating, and coloring), Chemical Etching and Milling, and Printed Circuit Board Manufacture". While Attic Breeze's process does include powder coating metal, the coating process does not include chromating. phosphating. or coloring indicating they do not falli into a CIU category, This was confirmed by thei industry via TBLLS are not to exceed wastewater limits on toxic pollutants developed by municipalities to meet the goals of avoiding 'interference" with the WWTP (including sludge disposal) or "pass-through" of toxic pollutants tot the receiving stream. These limits are developed specifically for each WWTP as they depend on the specific plant processes, receiving stream, sludge disposal methods, and quantity of wastewater from domestic and non- domestic sources. As noted previously, the City has not developed TBLLS for their' WWTPS with which to evaluate the anticipated pollutant levels discharged by Attic Breeze.. As an alternative, FNI recommended comparing Attic Breeze's proposed wastewater against TBLLs developed by other municipalities ini the Central FNI also received a copy of the City's latest sludge sampling for metals from 3/30/23. As TBLLS are based on the disposal method of sludge, FNI reviewed the data versus the City's Class BI Biosolids permit to determine if there were any pollutants that may be of particular concern toi the receiving WWTPS considering their prevalence in the WWTP sludge. Table 2.1 summarizes the results. From the 3/30/23 sludge sample, no metal resulting in Interference; cause interference or pass through; quantity that may cause acute worker health and safety problems; Categorical Pretreatment Standards email on 2/8/2024. Technically Based Local Limits Texas area. This comparison is included in Section 2.03. is above 12% oft the ceiling concentration threshold int the City's permit. 6 P24 Table 2.1:. Sludge Sampling Versus Ceiling Concentrations Sludge Sampling Concentration 3/30/23 (mg/kg) 4.6 1.16 16.4 383 23.1 0.319 8.9 15.6 10.8 728 Pollutant Permit Ceiling Permit Table 1 (mg/kg) 75 85 3000 4300 840 57 75 420 100 7500 %ofCeiling Concentration 6% 1% 1% 9% 3% 1% 12% 4% 11% 10% Arsenic Cadmium Chromium Copper Lead Mercury Molybdenum Nickel Selenium Zinc 2.03 REGIONAL1 TBLL COMPARISON FNI performed a survey ofr municipal ordinances int the Central Texas areai to determine typical TBLLS against which to compare the proposed wastewater to be discharged by Attic Breeze. For pollutants that were measured below the minimum detection limit in Attic Breeze's wastewater, the minimum detection limit was used as a placeholder. The results of the regional TBLL comparison is includedi in Table 2.2. The pollutants that were detected at levels greater thant the TBLLS for any surrounding municipalities are highlighted in red. These pollutants include: arsenic, selenium, and zinc. Ini the settled sample, all pollutants measured below the TBLLS fora alls surrounding municipalities except for selenium int the City of Temple's ordinance. Int the case of selenium, the TBLL is below the method detection limit and the TBLL for Temple is significantly lowert than all other municipalities. Based on this data, the wastewater from Attic Breeze following pretreatment is not anticipated to cause "interference" with the treatment facility or "pass-through" of toxic pollutants to the receiving stream as defined by EPA. Additionally, thel low concentrations of metals should not significantly impact the City's Class BI Biosolids permit. Table. 2.2: Regional TBLL Comparison. Summary Waco Attic 0.02 0.04 0.04 0.02 0.183 0.1 0.025 0.00000167 Bull Attic Breeze Waco Hide Breeze Settled Central Creek Sample Sample 1.207 003 0.14 0.051 Round 0.43 0.2 0.121 Pollutant Unit Pflugerville Rock Austin Temple Killeen Belton WWTP WWTP 7/21/23 2/12/24 Arsenic mg/l 1.78 Barium mg/l 5 Cadmium mg/l 0.1 Chromium mg/l Copper mg/l Cyanide mg/ 0.65 Lead mg/l 2.94 0.141 0.09 0.35 0.145 3 1.441 0.07 0.06 0.05 10.7 2.4 1.478 3 14.699 2.06 2.69 0.05 1.93 1.1 0.282 3 2.806 0.76 0.98 0.4 65 0.524 2 5.212 0.57 0.48 5 1 0.57 0.4 0.836 8.318 0.36 0.53 0.05 Mercury mg/l 0.02 0.0002 0.002 0.001 0.002 0.009 0.004 0.03 7 P25 Molybdenum mg/l 9.69 Nickel mg/l 7.58 Selenium mg/l 0.15 Silver mg/l 0.77 Zinc mg/I 5.38 1.07 1.1 0.207 0.71 1 1.82 18 23 0.661 2.064 1.22 0.26 18.105 0.47 1.22 0.1 6.571 1.89 233 3.36 0.029 0.05 0.04 0.045 0.106 17 3.69 1.6 0.662 3 6.587 0.6 1.84 0.17 1.8 0017 - 0.174 0.08 0.11 0.05 Oil& Grease mg/l 100or 200 200 200 96 100 96 200 200 1.6 2.04 CONVENTIONAL, POLLUTANT EVALUATION Conventional pollutants are those typical in domestic wastewater which WWTPS are designed to remove, such as BODs, TSS, and NH3-N. Other conventional pollutants such as COD and' Total Phosphorus were also evaluated. The City has indicated that flows from Attic Breeze would likely be received at the Stillhouse Branch WWTP beforea a permanent sewer linei isi installed at which point, the flow would be discharged1 to the Leon WWTP. A. BODs, TSS, and NH3-N in1 Table 2.3. The Stillhouse Branch and Leon' WWTPS have TPDES permit limits for BODS, TSS, and NH3-N as shown Table 2.3: Gatesville WWTP Permit Limits Stillhouse Branch 10 15 2 Permit Limit (Daily Average) BODs (mg/1) TSS (mg/I) NH-N (mg/1) Leon WWTP 10 15 3 The levels of BODS, TSS, and NH3-N reported by Attic Breeze in both samples are within the range of typical domestic wastewater and below the limits requiring surcharge fees per the City Ordinance. Additionally, following the proposed pretreatment, the conçentrations oft these pollutants are below the average influent concentrations reported at both WWTPS and willl likely result in minimal additional loading to the facilities. B. Total Phosphorus Total phosphorus was reported at 20.0 mg/I by Attic Breeze in the pretreated: sample, taken on 2/12/24. 20 mg/lisar relatively high value for total phosphorus in domestic wastewater. The City does not currently have at total phosphorus limit int their permit but limits on total phosphorus is common and should be monitored. C. COD CODi is often used to complement BOD measurements for instances in which BOD willr not providea reliable measurement of the waste's oxygen demand. These instances occur wheneverthe 8 P26 wastewater consists of compounds that are non-biodegradable but exert oxygen demand at the plant or are inhibitory to the bacterial seed used for the BOD1 test, effectively resulting in al low BOD result. The typical ratio of CODto BOD in municipal wastewater is 1.8:1. When the ratio exceeds 1.8:1, itis an indication that the wastewater consists of non-biodegradable compounds or compounds that are inhibitory to the bacterial seed used for the BOD test. These compounds will exert an oxygen demand at the plant. Ini these instances, the COD test may better represent the oxygen demand exerted by organic compounds at the WWTP. Attic Breeze reported values for COD int their sampling: 247 mg/l (7/21/23) and 624 mg/I( (2/12/24 after pretreatment). Both of these values result in COD to BOD ratios greater than 1.8 with the: second sample being over eleven. Pretreatment using aeration will likely reduce the COD discharged tot thei façility but this should be monitored. Ins summary, the City should require monitoring of conventional pollutants discharged to thei facility by Attic Breeze for changes in quality andy work with Attic Breeze to manage the rate of discharge to avoid slug loading, especially during low flows. 3.00 FINDINGS AND RECOMMENDATION The key findings oft the evaluation performed by FNI are summarized below: The City Ordinance does noti include standards for industrial discharges. Attic Breeze is not considered a CIU and therefore not regulated by EPA's Categorical Standards. The wastewater sampling by Attic Breeze was compared to TBLLS developed by surrounding municipalities. Attic Breeze's wastewater after pretreatment, measured below almost all area TBLLS, except for the most stringent limit for selenium, which was below the method detection limit. The conventional pollutant loading from Attic Breeze willl likely have minimal impact on the City's WWTPs. Thel levels reported for total phosphorus and COD are above typical domestic wastewater but COD is likely tol be reduced by aeration as part of the proposed pretreatment process and total phosphorus is not currently regulated int the City's TPDES permits. Based on these findings, FNI recommends the following: that the wastewater agreement ensures: The City may accept Attic Breeze's wastewater following pretreatment. In particular, iti is important Oila and grease used for cutting is removed as itisa' "Prohibited Discharges" per EPA. Metals such as zinc, selenium, and arsenic are reduced to levels consistent with area TBLLS. Conventional parameters, particularly COD, is reduced in the pretreatment process. 9 P27 The City should require Attic Breeze to complete sampling oncet the pretreatment system is fully operational to verify COD is effectively reduced and metal removal is maintained below area TBLL The City should require Attic Breeze to complete routine sampling for all pollutants shown in Table1.3 toverify consistency! int the water quality being discharged. Sampling should be conducted: at least bi- While the City is receiving wastewater from Attic Breeze via truck, the City should control the rate and time of discharge oft the wastewater to avoid periods of lowi flows and prevent slug loading. A permanent sewer connection should help in avoiding slug loadings by diluting with other domestic The City should consider adding an industrial ordinance thati includes TBLLS to address future The City should consider updating the existing surcharge ordinance to ensure equitable distribution of values. annually. flows. industries. treatment costs, including COD. 10 P28 Exhibit C Pretreatment System and Delivery Minimum Requirements P29 Pretreatment System and Delivery Minimum Requirements The Pretreatment System designed, constructed and installed by Attic Breeze, LLC and any delivery of wastewater to a treatment plant owned and operated by the City of Gatesville, shall meet the following requirements: Removal of oil and grease used for cutting, as iti is deemed a' "Prohibited Discharge" according to Reduction ofmetals such as zinc, selenium, and arsenic tol levels consistent with City Local Limits. Reduction of conventional parameters, particularly Chemical Oxygen Demand (COD), during the Requirement for Attic Breeze to conduct sampling onçe the pretreatment system is fully operational to verify effective COD reduction and maintenance of metal removal below Local Limits. Implementation of routine sampling for all pollutants listed in Table 1.3 of the Technical Memorandum to ensure consistency in discharged water quality. Sampling should oçcur atl least bi- Control of the: rate andi timing of wastewater discharge from Attic Breeze trucks to avoid low-flow Wastewater willl be accepted from tank trucks dischargingaf 6,000-gallon1 tank truck over 30 minute period in one or two of the existing drying beds, allowing it to slowly filter through the media for EPAI regulations. pretreatment process. annually. periods and prevent slug loading. equalization before treatment at the head of the plant. P30 Exhibit D BOD and SS Surcharge P31 Biological Oxygen Demand and Suspended Solid Surcharge Pretreated wastewater that exceeds City local limits ("Local Limits") for biological oxygen demand and/or suspended solids will be accepted at a surcharge rate according to the following formula: S = CBOD-200+55-20, (8.345)(V) Where: S=S Surcharge to user in dollars tol be added to monthly billing for sewer. V=N Monthly volume of wastewater discharged by monitored customer. C=Unit cost oftreatment at $/lb. BOD = BOD strength index in mg/l. 200: = Normal BOD strength in mg/l. SS = Suspended solids strength index in mg/l. 220 = Normal suspended solids strength in mg/l. 8.345 =] Factor converting mg/l toj pounds/gallons. P32 Exhibit) E City of Gatesville's Water Quality and Biosolid Permits P33 TPDES PERMITNO. W@0010176004 [ForTCEQoffice: use only- EPAI.D. No. TX00249537 TEXAS COMMISSION ONI ENVIRONMENTALQUALITY P.O. Box 13087 Austin, Texas 78711-3087 This amendment supersedes and replaces TPDES Permit No. W@0010176004 issued on March 7, 2014. PERMITTO DISCHARGE WASTES under provisions of Section 402 of the Clean Water. Act and Chapter 26 of the' Texas Water Code City of Gatesville whose mailingaddress: is 110 North gth Street Gatesville, Texas 76528 SIC Code 4952 isauthorized to treat and discharge wastes from the Leon Plant Wastewater Treatment Facility, located at 1100 College Street, in the City ofGatesville, Coryell County, Texas 76528 directly tol Leon River Below Proctor Lake in Segment No. 1221 oft the Brazos River Basin only according to effluent limitations, monitoring requirements, and other conditions set forth int this permit, as well as thei rules oft the Texas Commission on Environmental Quality (TÇEQ), thel laws of the State ofTexas, and other orders of the TCEQ. The issuance oft this permit does not grant tot the permittee the right to use private or publicp property for conveyance of wastewater along the discharge route described in this] permit. This includes, but is not limited to, property belonging to anyi individual, partnership, corporation, or other entity. Neither does this permit authorize anyi invasion of personal rights nor any violation of federal, state, or local laws or regulations. Iti is the responsibility oft thej permittee to acquire property rights as may be This permit shall expire at midnight, five years from the date ofi issuance. necessary to use the discharge route. ISSUED DATE: April 22, 2019 RD For the Commission P34 5?8 P35 CityofGatesville TPDES Permit No. W@0010176004 DEFINITIONS AND STANDARD PERMIT CONDITIONS As required by Title 30 Texas Administrative Code (TAC) Chapter 305, certain regulations appear as standard conditions in waste discharge permits. 30TAC8305121- 305.129 (relating to Permit Characteristics and Conditions) as promulgated under the' Texas Water Code (TWC) SS 5.103 and 5.105, and the' Texas Health and Safety Code (THSC) SS 361.017and; 361.024(a), establish the characteristics and: standards for waste discharge permits, including sewage sludge, and those sections of 40 Code of Federal Regulations (CFR) Part 122 adopted by referencel by the Commission. The following texti includes these conditions and incorporates them into this permit. All definitions in TWCS: 26.001 and 30 TAC Chapter 305 shall applyto this permit and arei incorporated by reference. Some specific definitions of words or phrases used in this permit are as follows: Flow Measurements Annual average flow- the arithmetic average of all daily flow determinations taken within the preceding 12 consecutive calendar months. The annual average: flow determination shall consist of daily flow volume determinations made byat totalizing meter, charted on a chart recorder and limited to major domestic wastewater discharge facilities with one million gallons per day or greater permitted flow. b. Dailyaverage flow the arithmetic average of all determinations of the daily flow within ap period of one calendar month. The daily average flow determination shall consist of determinations made on at least four separate days. Ifinstantaneous measurements. are used to determine the daily flow, the determination. shall be the arithmetic average ofall instantaneous measurements taken during that month. Daily average flow determination fori intermittent discharges shall consist ofar minimum of1 three flow determinations on Dailyn maximum flow- the highest total flow for any 24-hour period in a calendar month. d. Instantaneous flow the measured flow during the minimum time required to interpret 2-hour peak flow (domestic wastewater treatment; plants) -1 the maximum flow sustained forat two-hour period during the period of daily discharge. The average of multiple measurements of instantaneous maximum flow within a two-hour period may be used to Maximum 2-hour peak flow (domestic wastewater treatment plants) - thel highest 2-hour days of discharge. thei flow measuring device. calculate the 2-hour peak flow. peak flow for any: 24-hour periodi in a calendar month. 2. Concentration Measurements a. Daily average concentration - the arithmetic average of all effluent samples, composite or grab asi required by this permit, within aj period of one calendar month, consistingofat For domestic wastewater treatment plants When: four samples are not available ina calendar month, the arithmetic average (weighted by flow) of all values in the previous four consecutive month period consisting ofa atl least four measurements least four separate representative: measurements. shalll be utilized as the daily average concentration. Pages P36 CityofGatesville TPDES Permit No. W@0010176004 ii. For all other wastewater treatment plants When four samples are not availablé in a calendar month, the arithmetic average (weighted by flow)ofa all values taken during b. 7-day average concentration - the arithmetic average of all effluent samples, composite or grab as required by this permit, within aj period of one calendar week, Sundaythrough C. Daily maximum concentration - the maximum concentration measured on a single day, by the sample type specified in the permit, within aj period of one calendar month. d. Daily discharge the discharge ofaj pollutant measured during a calendar day or any 24- hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in terms of mass, the daily discharge is calculated as thet total mass oft the pollutant discharged over the sampling day. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated: as The daily discharge determination of concentration made using a composite sample shall bet the concentration of the composite sample. When grab samples are used, the daily discharge determination of concentration shall bet the arithmetic average (weighted by Bacteria concentration (E. coli or Enterococci) -C Colony Forming Units (CFU) or Most Probable! Number (MPN) oft bacteria per 100 milliliters effluent. The daily average bacteria concentration isa geometrici mean of the values for the effluent samples collected in a calendar month. The geometric mean shall be determined by calculating thei nth root oft the product of all measurements madei in a calendar month, where n equals thei number of measurements made; or, computed as the antilogarithm oft the arithmetic: mean oft thel logarithms of all measurements: madei in a calendar month. For any measurement ofl bacteria equaling zero, a substituted value ofc one shall be made for inputi into either computation method. Ifspecified, the 7-day average forl bacteria is the geometric: mean of the values for all effluent samples collected during a calendar week. Daily average loading (Ibs/day) -1 the arithmetic average of all daily discharge loading calculations during aj period of one calendar month. These calculations must be madei for each dayoft the month that a parameter: is analyzed. The daily discharge, in terms of mass (Ibs/day), is calculated. as (Flow, MGD: x Concentration, mg/lx8.34). Daily maximum loading (Ibs/day) - the highest daily discharge, in terms of mass the month shall be utilized as the dailya average concentration. Saturday. the average measurement oft the pollutant over the sampling day. flow value) of all samples collected during that day. (Ibs/day), within aj period of one calendar month. 3. SampleType Composite sample For domestic wastewater, a composite sample is a sample made up ofai minimum of three effluent portions collected in a continuous 24-hour period or during thej period of daily discharge ifless than 24 hours, and combined in volumes proportional tot flow, and collected at thei intervals required by: 30 TACS319.9 (a). For industrial wastewater, a composite. sample isa sample made up ofai minimum ofthree effluent portions collected in a continuous 24-hour period or during thej period of daily discharge ifl less than 24 hours, and combined in volumes proportional to flow, and collected at the intervals required by: 30 TACS319.9(b). b. Grabs sample - an individual sample collected in less than 15 minutes. Page4 P37 ((note: agreement continues for multiple pages; pages list all permits currently held by City of Gatesville Wastewater Department)) P38 Att. 2,Attic Breeze Insurance P39 ATTIBRE-01 AVELLA DATE (MWDDAYY) 12/3/2024 ACORD CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or! be endorsed. #SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on REPRESENTATIVE ORI PRODUCER, AND THE CERTIFICATE HOLDER. this certificate does not confer rights tot the certificate holder in! liou ofs such endorsement(s). PRODUCER 4550 Virtus W1 LLC 109th St, Suite 301 Overland Park, KS 66211-1309 SOMTACT PHONE A/C, No, Ext): (816) 919-2323 SS: NSURERA: Homeland Ins CoofNY INSURERB: INSURERC: INSURERD: INSURERE: INSURERF: FAENO-(816) 756-3343 INSURERIS) AFFORDING COVERAGE NAIC# 34452 INSURED ATTICE BREEZE HOLDINGS, LLC 1370 FM116 Gatesville, TX76528-3785 COVERAGES R CERTIFICATE NUMBER: ADDL SUBR REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE UISTED BELOWHAVE BEEN ISSUED TO1 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOROTHER DOCUMENT WITH RESPECT TOI WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISS SUBJECT TOA ALL1 THE1 TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLIÇIES. LIMITS SHOWNI MAY HAVE BEEN REDUCED BYPAIDCLAIMS TYPE OF INSURANCE COMMERCIAL GENERALE LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIESPER: POLICY 5B& LOC OTHER: AUTOMOBILEL LIABEITY ANYAUTO OWNED AUTOSONLY AURES ONLY UMBRELLALAB EXCESS UAB DED RETENTIONS ANDE WORKERS COMPENSATION, MABILITY ANMY TXSSSXAETASSEOINME EXCLUDED? Hyes, describe under CRIPTION OPERATIONS below A Pollution Liability POLICY POLCYEFF POLCYEXP LMITS EACHOCCURRENCE DAMAGE TORENTED MEDEXPIANY oner person). PERSONAL SAPVINJURY GENERALA AGGREGATE PROOUCTS-COMPIDPA AGG ÇOMBINED SINGLELIMIT BODILYINJURY (Per person) BODILY INJURY (Peracrident! PROPERIVYPAMAGE FACHOCCURRENCE AGGREGATE PERUTE 9TH ELEACHACCIDENT ELDISEASE- -EAEMPLOYEE! ELDISEASE- POLICYLMIT AUTOS SCHEDULED NONSNEP OCCUR CLAIMS-MADE VIN NIA x 7930137900000 12/2/2024 12/2/2025 Aggregate! Limit 2,000,000 DESCRIPTION OF OPERATIONS! LOÇATANS/VEHCLES (ACORD 101, Additional Remarks Schedule, may! De attachedifr mores spaceis required) The certificate holderi is listed as an: additional Insured ont the pollution policy referenced above. Pollcy Deductible: $5,000 each pollution condition. CERTIFICATE HOLDER CANCELLATION SHOULDA ANY OF1 THE ABOVE DESCRIBED POLICIES BE CANCELLEDI BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Gatesville 803 Main Street Gatesville, TX ACCORDANCEI WITHTHE POLICY PROVISIONS. AUTHORIZED! REPRESENTATIVE Awfy ACORD: 25 (2016/03) @1 1988-2015, ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD P40 Att. 3.Attic Breeze Recent Testing Results P41 Pagetofs BioChemlab, Inc. BIO CHEMI LAB, ENC. PHONE: 254.829.8001 FAX:: 254.829.8013 4751 TOKIO RD. .WEST, TX76691 CLIENTI IDENTIEICATIONI NFORMATION: ATTIC BREEZE 1370FM116 GATESVILE, TX76528 FIELD DATA/SAMPLE DESCRIPTION CollectionPoint Date/ Time Collected Datel Timereceivedty! Lab Laboratory SampleID Sempling! Deserpton/Procedure Semple Type Sample Matrix Collector pH, SU Temperature,c Date/" Time Analyzed Analystinitials PAEMETERILNI/HELOD BOD,mg. ReportingLimit, mgl. pilutionFactor Date/TimeA Analyzed Analystinitials TsS,mg. Reportingt Limit, mgl. DiutionFactor Datel TimeA Analyzed Analystinitials NH,N, mg/. Reportingl Limi, mgL Dilution Factor Datel TimeA Analyzed Analyst! Initials COD, mgh. Reportingl Limit, mgl Dilution Factor pate/Time Analyzed Analystinitials Total Phosphorus, mg'L ReportingLimit, mgl piltionFactor Dale /Time Analyzed Anelystintials TKN,mgL ReportingLimi, mgL Diltion Factor Date /TimeA Analyzed Analyst Initials Oila and Grease,n mg/L Reportingl Limit, mgL Dlution Factor Datel ITimeA Analyzed Analyst Initials ANALYTICAL REPORT REPORTID: LAB CONTACT: REPORIDATE: OCTOBER 2024- ATTIC BREEZE ATT-120224 SHAY OCHOA 12.2.24 CLIENTE CONTAÇT: ADAMKETAY/254405AKAITAyeBATICBREEZECOM STORAGE TANK SPIGOT 10.30:24/13:38 10:30.24/15.44 26370-24,26372-24 BCLSOP.119 Grab Aqueous-NPW ST 7.7 27.5 10:30:24/14:48 ST 98. 10.31.24/17:15 18. 10.3124/09:30 MH 1.46 010 103124/19:50 SVI 287. 11.4.24/10:00 MH C62.0 1.00 11.14.24/14:20 LD 7.25 2.50 11.8:24/17-20 sV 14.4 5.0 11.424/13:45 SM4500-H+B (FieldAnalysis) SM5 5210B SM2540D SM450ONHB,D HACH8000 SM4500PB5,E SM4500NuB EPA1 1684A P42 Page2os BloChemLab, Inc. Fomm.28.Rev32018 ATT-120224 SHAY OCHOA 12224 BIO CHEMI LAB, INC. PHONE: 254.829.8001 FAX-254829,8013 4751 TOKIO RD. .WEST,TX76691 CLIENT IDENTIFICATION, INFORMATION: ATTICE BREEZE 1370FM1 116 GATESVILLE, TX76528 FIELD DATA/SAMPLE DESCRIPTION CollectionPoint Datel Time Collected Date/ Timer receivedby Lab Laboratory SamplelD Sampling! DescripbomProcedire Sample Type Samplen Matrix Collectar PARAMETER/UNIT/METHOD Total Cyanide, mg/L. Reportinglimit, mgL DiktionF Factor Date/Time Analyzed Analystinitials TOTAL METALS ANALYSIS PARAMETER Arsenic Barlum Cadmlam Chromlum Copper Lead Mercury Molybdenum Nickel Selenium Siiver Zinc Date Digested Time Digested Analysti initlals ANALYTICAL REPORT REPORTID: -LAB CONTACT: REPORTO DATE: OCTOBER: 2024-ATTICI BREEZE CLIENT CONTACT: ADAMK KETMLYI2544057141ADAAKEITAIYEATTICBREEZECOM STORAGE TANK SPIGOT 10.30.24/13:38 10.30.24/15:44 28371-24,26373-24, 26374-24. 26375-24 BCLSOP.119 Grab Agueous-NPW ST) <0.01 0.01 11.4.24/11:40 MH EPA335.4 METHOD EPA-200.8 EPA-200.8 EPA-200.8 EPA-200.8 EPA-200.8 EPA-200.8 EPA-245.1 EPA-200.8 EPA-200.8 EPA-200.8 EPA-200.8 EPA-200.8 11.4.24 08:45 JLJJ REPORTING DILUTION RESULT(mgL) DATETIME ANALYST QUALIFIER JW JLJ JWJ JWJ JL JW SHZ JLJ JW JWJ JWJ JLJ LIMIT (mg/.) FACTOR 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0000525 0.0005 0.0005 0.0005 0.0005 0.0050 ANALYZED 0.0018 11.7.24/23:56 0.0470 11.7.24/23:56 <0.0005 11.7.24/23:56 0.0070 11.7.24/23:56 0.0084 11.7.24/23:56 0.0008 11.724/23:56 <0.0000525 11.624/16:30 0.0272 11.7.24/23:56 0.0062 11.7.24/23:56 <0.0005 11.7.24/23:56 <0.0005 11.7.24/23:56 0.4593 11.7.24/23;56 1 1 1 1 1 C1 ANALYTICAL NOTES, INTERPRETATIONS, METHODI DEVIATIONS OR ENVIRONMENTAL CONDITIONS: NONE TOF REPORT. STATEMENT OF COMPLIANCE: Thea above analytical dataw was derivedf from submitteds samplest that! haver met alle established acceptance criteris, unless otherwise qualified, andared compliant with thek laboratory's Quality System. Thet Director ofOperationsor designee! hasa authorizedt then releasec oft thisr repor. Ther resultso containedh herein relate onlyt tothe Laboratory Sample ID(a)o documentede above. This analyticalt testreportr may notben reproducede except inful, withoutthe writtens approval ofthel laboratory. Quality Assurance/Quality ControlData: associatedwithn results within this reporte arec documentedi inthes attachedOAQC Report Please contact2 254.829.80011 witha any questions or concems. ASOCIANV A. Shay Ochoa," Technical Director Bio Cheml Lab, Inc. P43 Page3ofs BioChemlab, tnc. Fom.28.Rev32018 BIO CHEM LAB, INC. PHONE: 254.829.8001 FAX284829.8013 4751 TOKIO RD. .WEST, TX76691 CLIENTI DPAIFCATOHREOAMIOE ATTIC BREEZE 1370FM116 GATESVILLE, TX76528 BOD SETUPI DATE 10.31,24 DUPLICATE '26507-24 BOD-BLANK 0.10 TSS SETUPDATE 10.31.24 SAMPLEID: 26342-24 28355-24 BLANK,mgL NH3N SETUPI DATE: 10.31.24 SAMPLEID: 26472-24 25481-24. SPIKEID: 26432-24. 26432-24 mg: 0.05 COD SETUPDATE 11.4.24 DUPLICATEID: 26540-24 SPIKEID: 26372-24 26372-24 BLANK,mg/L PHOSPHORUS SETUPDATE 11.14.24 SAMPLED 27123-24 27194-24 SPIKEID: 27381-24 Q3 27381-24 BLANK, asP: LCS%REC: .<0.025 ANALYTICAL REPORY REPORTID: LAB CONTACT: REPORTDATE: OCTOBER 2024- ATTIC BREEZE ATT-120224 SHAY OCHOA 122.24 QC'SUMMARY CLIENT CONTACT: ADAMMETALY/2S4A0S7HIADAAIETALVeECOM SETUPDD B-103124-28 RESULT1 CBOD-BLANK 0,17- SETUPD T-103124-1B RESULT1 11740 33 BATCHID B-103124-28-01, RESULT2 %DEV 418. 4.6. LCS-GGA LCS-CGGA 182. 185 BATCHID T-103124-18-02 RESULT2 %DEV 11300 1.9 33 00 <2LCSSREC 102.6 SETUPM D: BATCHD: N-103124-26 N-103124-26-01 RESULTI:. RESULT2: 50.0. 51.0 55.0 54.9 RESULT1: RESULT2: 0.06 1.86_ 0.06 1.93 LCSKREC: LCSD%REC: 101.8 1024 SETUPDD BATCH C-110424-01 C-110424-01-01 RESULT1: RESULT2: %DEV 762.0 773.0' 0.7. RESULT1 RESULT2 %REÇ 287.0 377.0 90.0 287.0 374.0 87.0- LCS%REC LCSDSREC 98.5. 95.9 SETUPID BATCHID P-111424-03 P-111424-03-01 RESULT1 RESULT2 %DEV 7:23 7.45 1.5 <0.05 <0.05 0.0: RESULT1 RESULT2 %REC 1.18 1,43 781 1.18. 1.46 87.5. LCSD%REC: 98.0. 101.2 %DEV: 1.0. 0.1: %REC: 89.9 93.4 P44 Page4dfs BloChemLab, Inc. Fomm2aRev.3-2015 BIO CHEM LAB, INC. PHONE: 254.829.8001 FAC254829.8013 751 TOKIOI RD. .WEST, TX76691 CLIENT IDENTIFICATION INFORMATION: ATTIC BREEZE 1370FM116 GATESVILLE, TX76528 TKN SETUPDATE 11.08.24 SAMPLEID: 26369-24 27005-24 SPIKEID: 26530-24 26530-24 BLANK,mgL: <0.25 OILA ANDG GREASE SETUPDATE 11.4.24 7483-2-1645 BLANK,mgL: CYANIDE SETUPDATE 11.4.24 DUPLICATEID: 26076-24 SPKEID: 28194-24 26194-24 BLANK, mgfl <0.01 METALS BatchD TotalA Arsenic, mg. TotalBarium, mgL Total Cadmlum, mgL 40.0005 101.8 TotalChromum, mg. 40,0005 1016 Total Copper mgl. Totall Lead, mg Tolall Molybdenum, mg. 40.0005 947 Total! Nickel mgl Total Selenlum, mgl. 410005 993 Tolal Siver mgl TotalZine mgl. ANALYTICAL REPORT REPORTID:. LABCONTACE: REPORTDATE: OCTOBER: 2024- -ATTIC BREEZE ATT-120224 SHAY OCHOA 122.24 acs SUMMARY CLIENT CONTACT: ADAMMETAYI23440674I/ADAAEITAYEATICBREZECOM SETUP BATCHID TKN-110824-01 TKN-110824-01-01 RESULT1: RESULT2: 11.4 10.6 74.0 82.0 RESULT1: RESULT2: 2,78. 6.52. 278 6,22 LCS%REC: LCSD%REC: 96.8 SETUPID BATCHID 0G-11042401 0G11042401-01 RESULT1: RESULT2: %DEV 38.0 38.4. 0.5, QCSSREC: LCS%REC: LCSD%REC: 95.0 96.0 SETUPID BATCHID CY-110424-01 CY-11042401-91 RESULT1: RESULT2: %DEV 0.17 0.14 RESULT1 RESULT2 %REC 0.250 041 80.0: 0.250 0.41 80.0. LCSKREC LCSD%REC 93.7 98.9 1024 049 999 08D 101.7 010 1016 000 108 009 1061 104 952 053 1058 028 100 070 1015 205 1065 038 %DEV %REC 93.5 86.0. CP-11072403-01 Date Analyzed 1172411824 MS Sample a 2651024 LSSR LSOSR Lwo M9She ti % BSRe - a ap HDSRe 04038 1002 04024 98 DA102 979 04138 988 04089 1022 0406 1015 04138 1029 04192 1042 05125 1137 05102 1131 04304 1067 04368 1083 03863 963 03872 966 04336 1074 04356 1081 Q3882 97.1 03854 964 04043 1011 04006 1002 08603 1062 08747 107.5 0.0005 1019 000005 98.1 0.0005 108.1 40.0005 105 .0005 1053 <0.0005 1036 a005 106.1 104 0.0032 101 00188 109 0 B5 00023 112 0.0579 110 00037 107 0001 111 0D042 125 103 04446 P45 Pagebofs BioChemlah.Inc. Fomm28.Rev.3-2015 BIO CHEM LAB, INC. PHONE: 254.829.8001 FAX254829.8013 751 TOKIO RD. WEST,TX76691 CLENTI CEATERATOMAEPAATAE ATTICE BREEZE 1370FM116 GATESVILLE, TX7 76528 BCL PROJECT DATA QUALIFIERS: Q ANALYICALREPONT REPORTID: LAB CONTACT: REPORTDATE: OCTOBER 2024- -ATTIC BREEZE ATT-120224 SHAYOCHOA 122.24 CLENT CONTACT: ADAM KETALY/2544057141ATTICBREEZECOM: Failed Quality Data. Refer toc QA/QC Report of the affected data for specific details. Q1 Blank outside desired limits. Data accepted based on passing! batch LCS recoveries. Q2 LCS recoveryo outside desired Fimits. Data accepted ont basis ofa additional narative ifapplicable Q3 Matrix Spike and/or Matrix Spike Duplicate outside desiredi limits. Dataa accepted ont basis of passingt LCS recoveries. as3 Matrix Spike andfor Matrix Spikel Duplicate outside desired limits. Sample nots spikeda atal highe enough concentrationt tobe statisticallyo different from ther natives sample result. Data accepted ont basis of passingi 1CS recoveries. QM1 Microbiology precision unable to bee evaluated duet tol lowt background concentration (< 10 CFU/MPN) oft target: analyte QM2 Microbiology precision unable to! be evaluated due to high background concentration (> 2420 CFU/MPN) oft target analyte B1 Results for CBOD/BOD reported as! less than 2mgljwithn no sample dilution depleting method required 2.00 mg/L Results for CBOD/BOD reporteda as ane estimate due to noo dilution meetinga a method stated depletion criteria. Result for CBOD/BOD unable to bec determined duet to excessive oxidant content, higho chlorine residual. Reported resulto overt thel laboratory's calibration range but within the! laboratory verified Linear Dynamic Range. J6 Reportedr result lesst than the! laboratory reporting limit butg greater than the Limit of Detection. Additional sample volume would have been requiredt tor meeta analytical method specifications. HT Sample analysis performed outside method /regulatory prescribed holding time. Sample received outside method/ regulatory prescribed requirements fort thermal preservation. Sample received outside method/ regulatory prescribed requirements forp pHp preservation. The associated: analysis wasp performed byar network/ /sub-contract! laboratory. Q4 Sample specifico duplicate precision outside desired range. QM3 Microbiology precision outside desired range. B2 B3 C C1 ND Noto detected V T P A N L Laboratory Error PW Potable Water NPW Non-Potable Water Z ADDITIONAL NOTES: WI Resulti isa an average of multipley weighing drying cycles. Reported result over thel laboratory's çalibration range Accredidation fora analysis performed is either not currenly offeredorisc curently outside thel laboratory's scope of accredidation. Refer toa additional notes/ supplemental narrative P46 Pagesofs BioChemLab, Ine, BIO CHEMI LAB, INC. PHONE: 254.829.8001 FAX254829.8013 4751 TOKIO RD. WEST,TX76691 CLIENT IDENTIFICATION INFORMATION: ATTIC BREEZE 1370FM1 116 GATESVILLE, TX76528 CLIENT CONTACT: ADAM KETHL 254. AMALYICALREPONT REPORTID: LAB CONTACT: REPORTDATE: OCTOBER: 2024- -ATTIC BREEZE ATT-120224 SHAY OCHOA 122.24 KETAYBATICSREE2LCON a P47 Page7ofs BioChemlab, Inc. BIO CHEMLAB, INC. PHONE: 254.829.8001 FAZ284829,8013 4751 TOKIOI RD. .WEST, TX76691 ÇLENIIDENIECATONI INFORMATION: ATTICE BREEZE 1370FM1 116 GATESVILLE, TX76528 ANALYTICAL REPORT REPORTID: LABC ÇONTACT: REPORTDATE: OCTOBER: 2024-ATTIC BREEZE ATT-120224 SHAY OCHOA 12.2.24 CLIENT CONTACT: ADAMKETMYI2MA057I/ADAMAIEITAYEATICBREEZECOM QC Sample Results Client: Bio Chem Lab,! Inc Project/Site: ATTIC BREEZE Method: 245.1- Mercury (CVAA) Lab Sample ID: MB B60-198050/10-A Matris: Water Analysis Batch: 198426 Anatyta Mercury Lab Sample! ID: LCS 860-198050/11-A Matrix: Water Analysis Batch: 188426 Analyte Mercury Lab Sample ID: LCSD 880-188050/12-A Matrix: Water Analysis Batch: 198426 Anslyte Lab Sample ID: LLCS 860-198050/13-A Matrix: Water Analysis Batch: 198426 Analyte Mercury Lab Sample ID: 870-31382-1MS Matrix: Water Analyeis Batch: 198426 Anslyte Mercury Lab Sample ID: 870-31382-1MSD Matrix; Water Analysis Batch: 19B426 Anelyte Mercury MobID:870-313824 Client Sample ID: Method Blank Prep Type: Total/NA Prep Batch: 198050 Prepared Analyzed DHFaO 14/06/240 00:29 11/00/24 15:58 Cllent Samplel ID: Lab Control Sample Prep Type: TotalNA Prep Batch: 198050 SRec %Rec Limks 85-115 Client Sample ID: Lab Control Sample Dup Prepl Type: Total/NA Prep Batch: 198050 %Rec Lhmits 15 Prop Type: TotalNA Prep Batch: 198050 %Rec Limits Client Sample ID: 26373-24 Prep Type: TotalNA Prep Batch: 198060 %Rec %Rec Limha 70.180 Client Sample ID: 26373-24 Prep Type: TOtaUNA Prep Batch: 198050 *Rec RPD RPD Lbmi Resuh Qualifier <0.0000525 0.000200 0.000052 mg/. le Spike LCS LCS Added Result Qualller 0.00200 0.001985 Spike LCSD LCSD Added Qualifer 0.0020 0.001832 Spike LLCS Added Result Spike RPD Client Sample! ID: Lab Control Sample Sample Sample Result <0.0000525 Sample Sample Resuk Qualfer 0.0000525 U Spike Added Resuk Qualller 0.00200 0.001887 Eurofins Dallas 11/8/2024 Page 7of16 P48 Pagesofs BioChemlab, tnc, BIO CHEM LAB, INC. PHONE: 254.829.8001 FA284829.8013 4751 TOKIO RD. .WEST, TX 76691 CLIENTI DENTFICATION, INFORMATION: ATTIC BREEZE 1370FM116 GATESVILLE, TX76528 ANALYTICAL REPORT REPORTID: LAB CONTACE: REPORTDATE: OÇTOBER: 2024- ATTICE BREEZE ATT-120224 SHAY OCHOA. 12.2.24 CLIENT CONTACT: OAMEAVIRATAINIICNERCN 2 Page 13of16 11/8/2024 FAMLREPOATRPEKANTE3XA P49 NOTICE THIS NOTICE IS POSTED IN COMPLIANCE WITH THE OPEN MEETING ACT (TEX. GOV'TCODE CHAPTER 551, SEC.5 551.041) AGENDA 5:30P.M REGULAR CITY COUNCIL MEETING GATESVILLE CITY COUNCIL CHAMBERS 110NORTH 8TH STREET, GATESVILLE, TEXAS 76528 NOVEMBER 14, 2024 An Open Meeting was held concerning the following subjects: 1. Call to Order: Mayor Chumley called the meeting to order at 5:34 P.M. on November 14, 2024. 2. Quorum check: Mayor Gary Chumley, Councilmembers Greg Casey, Joe Patterson, John Westbrook, Aaron Smith, and Barbara Burrow, Council Elect, Kalinda Westbrook and Jon Salter Regrets: Mayor Pro-Tem Meredith Rainer City Staff Present: City Manager, Brad Hunt, Deputy City Manager/CFO, Mike Halsema; City Secretary Wendy Cole and Holly Owens, Interim Police Chief, Georg Cleverly; Parks and Recreation, Seth Phillips; Library, Shae Harp; Civic Center, Morgan Smart; Human Resources, Lori Others: Leo and Dana Corona, Lloyd Hayslip, Caleb Hayslip, Danny and Debra Kilgore, Toni Randall, Travis VanBibber, Keith Smart, Yvonne Williams (Chamber), Tonya Place (Municipal Judge), Tom Creek, Marley Boiles, Shane and Kegan Webb, Kim Chumley, Monica Salter, David Jones (FNI), Kaley Dusang (Gatesville Messenger), Annette Coo, Jeff Clark (Appointed Police 3.: Invocation and Pledge of Allegiance: John Westbrook gave the invocation and led the Pledge of 4. Citizens/Public Comments Forum: Individuals wishing to address the Gatesville City Council may do sO during this segment. Ifyou intend to comment on a specific agenda item, please indicate the item(s) on the sign-in sheet before the meeting. Each speaker is allotted a maximum of3 3 minutes for their remarks, and speakers are expected to conduct themselves in a respectful & civil manner. In accordance with the Texas Open Meetings Act, the City of Gatesville City Council cannot Debra Kilgore, Pennoli Bed & Breakfast located at 1009 E Main St. came forward to address the McLaughlin Chief) Allegiance. deliberate or act on items not listed on the meeting agenda. Council regarding their special event application. P50 CITY COUNCIL MEETING NOVEMBER 14,2024 PAGE2 CONSENT: 5. All consent agenda items are considered routine by the City Council and will be enacted by a single motion. There will be no separate discussion of these items unless a Councilmember requests an RESOLUTION 2024-117: Discussion and possible action regarding approval of Minutes from RESOLUTION 2024-118: Discussion and possible action regarding September 2024 Financials. RESOLUTION 2024-119: Discussion and possible action regarding a resolution of the City of item to bei removed and considered separately. Regular City Council Meeting held on October 22, 2024. (Holly Owens) (Mike Halsema) Gatesville, Texas authorizing the submission of a Texas Community Development Block Grant Program application to the Texas Department ofAgriculture for the Community Development Fund. (Mike Halsema) Agenda. Motion by John Westbrook, seconded by Barbara Burrow to approve the Consent Agenda minus Resolution 2024-120 as written. All CONSENT AGENDA: Mayor Chumley removed Resolution 2024-120 from the Consent five voting "Aye", motion passed. RESOLUTION 2024-120: Discussion and possible action regarding aj proclamation recognizing the Salvation Army Red Kettle Kickoff Campaign. (Mayor Chumley) Motion by Joe Patterson, seconded by Greg Casey to approve. Resolution 2024-120; Proclamation recognizing the Salvation Army Red Kettle Kickoff Campaign. All five voting "Aye", motion passed. Mayor Chumley presented the proclamation to the Salvation Army Representative. OTHER BUSINESS: 6. Discussion and possible action regarding the November 5, 2024, Election: (Wendy Cole) A. Canvass Votes B. Declare Election Results D. Issue Certificates of Election C. Administer Oath to newly elected Council Members City Secretary, Wendy Cole, canvassed the votes and declared the election results: P51 CITY COUNCIL MEETING NOVEMBER 14, 2024 PAGE3 Position = Name Mayor Leo Corona Gary Chumley Ward 1, Place 2 Jon Salter Ward 2, Place 4 Joe Patterson Ward 2, Place 6 Kalinda Westbrook Willie. Joe Taylor Absentee Early Voting Voting 25 67 65 70 52 28 Election Day Total Voting 274 312 539 544 361 181 Votes 1,172 1,823 2,630 2,640 1,811 856 873 1,444 2,026 2,026 1,398 647 RESOLUTION 2024-121: Motion by Joe Patterson, seconded by John Westbrook to approve the canvassed votes regarding the election of the Mayor and Council Members and declare the results City Secretary, Wendy Cole administered the oath to the newly elected council members, Jon Salter and Kalinda Westbrook and re-elected council members, Gary Chumley and Joe Patterson. The final. All five voting" "Aye", motion passed. Council took their seats at the dais. 7. Recognize Outgoing Councilmembers Barbara Burrow and John Westbrook. (Mayor Chumley) Mayor Chumley presented Councilmembers Barbara Burrow and John Westbrook with a commemorative clock to honor their time on council. 8. Discussion and possible action to appoint Mayor Pro-Tem. (Mayor Chumley) RESOLUTION 2024-122: Councilman Smith nominated Greg Casey for Mayor Pro-Tem, seconded by Joe Patterson. There were no other nominations. All five voting "Aye", motion passed. EXECUTIVE SESSION: 18. Recess Regular Meeting and Call for an Executive Session - Closed Meeting The City Council oft the City of Gatesville will convene into a closed executive session pursuant to Texas Government Code Section 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, to wit: City Judge and City Prosecutor. P52 CITY COUNCIL MEETING NOVEMBER 14, 2024 PAGE 4 19. City Council entered Executive Session at 5:51 P.M. 20. City Council reconvened into Regular Session at 6:01 P.M. 21. Discussion and possible action resulting from deliberations in Executive Session. RESOLUTION 2024-129: CITY JUDGE: Motion by Greg Casey, seconded by Kalinda Westbrook to approve the agreement for Municipal Judge Services, contracting Mrs. Tonya Place as the Municipal Judge for the City of Gatesville, for the agreed-upon term. All five voting "Aye",motion RESOLUTION 2024-130: CITY PROSECUTOR: Motion by Jon Salter, seconded by Aaron Smith to approve the agreement for Municipal Prosecutor Services, contracting Mr. Charlie Buenger, of Buenger & Associates, as the Municipal Prosecutor for the City of Gatesville, for the agreed-upon passed. term. All five voting Aye", motion passed. 9. City Manager Report: (Brad Hunt) Brad Hunt introduced the new Police Chief, Jeff Clark and his family. Mr. Hunt presented a power point covering each department regarding staffing, priority items, and communication. The council was also updated on ongoing projects, grants, and FEMA. Mr. Hunt finished his presentation by 10. Discussion and possible action regarding a finance agreement to purchase three pickups through Mr. Halsema explained the purchase of one F150 4x4 at $42,510, one F150 2WD at $36,998, and one F250 2WD at $47,999. The vehicles are priced through the HGAC purchasing co-op contract. Randall Reed Planet 635 Ford is a vendor qualified under the HGAC contract and has provided the quotes for all vehicles. All vehicles are in the dealer's lot and are ready for purchase. The Parks and Water Production trucks were budgeted utilizing 5-year financing. Staff are proposing financing the Parks and Water Production vehicles through Government Capital. Financing is proposed for 5 years, with an annual payment of $18,872.02 (combined) at an interest rate of 6.817% beginning March 2025. The Animal Control vehicle was budgeted under the capital improvement fund and will be a cash purchase. The Animal Control vehicle will require a third party to re-install the animal box from the existing truck. The additional cost is expected to be minimal and is not included in the Councilwoman Westbrook asked about policy for when the City pays cash versus finance for vehicles. Mr. Halsema stated Staff have been building the capital improvement fund to have the ability to purchase vehicles because in the past, city vehicles were leased, and they were driven without any maintenance plan. The City is currently working to build the vehicle fleet and put a announcing up-and-coming community events. Randall Reed's Planet 635 Ford. (Mike Halsema) purchase price presented. P53 CITY COUNCIL MEETING NOVEMBER 14, 2024 PAGE5 maintenance and rotation schedule in place. It will be a few years before the City will be able to Councilman Patterson questioned the language of the resolution regarding qualified tax-exempt obligation and the interest rate. Mr. Halsema stated the language used is State Law to not commit RESOLUTION 2024-123: Motion by Joe Patterson, seconded by Greg Casey to approve the purchase of three pickups through Randall Reed's Planet 635 Ford. All five voting "Aye", motion 11. Discussion and possible action regarding a request from Dana Corona for placement of an honorary Mr. Hunt presented the honorary street sign request. The City received an application and payment for an honorary street sign on September 1,2024 from Mrs. Dana Corona. The application listed the career highlights of her husband and then Mayoral candidate Leo Corona, and originally requested that a portion of East Main Street (US 84)) near the intersection with Veterans Memorial Drive be given the honorary designation of "Veteran Leo Corona"; the application was soon thereafter amended and re-submitted to have the designation read "Veterans Way". As Mayor Corona was at that time a current candidate for Mayor, presentation of this application to council prior to the election, and its subsequent appearance of city staff support, would have been improper. Therefore, staff were directed that the application would be presented as an agenda item on the first council meeting directly following the election. This decision was based on Texas City Managers Association Code of Ethics, Tenet 7, which states: "Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body." Therefore, Staff is abstaining from a Mrs. Dana Corona, 409 State School Road, came forward to request the approval of the application. Councilman Patterson expressed his appreciation to Mr. Corona for his military service and his volunteerism. However, when this honorary sign application and process was created, Mr. Patterson believes the intent was for a resident who has served in the military and who has spent most of their life living and serving in the City of Gatesville. Another concern is the request is for a phrase and not RESOLUTION 2024-124: Motion by Aaron Smith, seconded by Joe Patterson, to deny the application for the placement of an honorary street sign in the name of "Veterans Way" on the existing signpost at Veterans Memorial Drive and Main Street in Gatesville, Texas. All five voting purchase vehicles without financing. future council to expenditures. passed. street sign. (Brad Hunt) recommendation. ar name and ifthis would set a future precedence. "Aye", motion passed. P54 CITY COUNCIL MEETING NOVEMBER 14, 2024 PAGE6 12. Discussion and possible action regarding the closure of the historic 1904 Leon River Bridge to all Mr. Hunt explained the historic value of the Leon River Bridge and reminded Council of the extensive community interest in this bridge between 2015 and 2019. Since the partial restoration and rededication in 1994, it has been in a state of declining repair with no record of maintenance done in the last 30 years. The bridge remains open to pedestrian traffic, but there is an increasing concern that it may fail catastrophically even under these reduced loads. TxDOT provided the City with a 2019 bridge inspection report that stated in writing that they would not recommend allowing any type of crossing. Game cameras were installed to monitor the bridge's activity for four weeks. The cameras documented over 200 crossings by walkers, bicyclists, and motorcyclists. Staff recommend temporarily closing the Leon River Bridge to address safety concerns and allow for future RESOLUTION 2024-125: Motion by Greg Casey, seconded by Jon Salter to temporarily close the Leon River Bridge to address safety concerns and allow for future consideration of funding for 13. Discussion and possible action regarding the south sewer line upgrade with State and Local fiscal Mr. Halsema stated this item has changed and a new report will be presented at the next meeting. traffic, including pedestrians, due to safety concerns. (Brad Hunt) consideration ofi funding for repairs. repairs. All five voting "Aye", motion passed. recovery funds (SLFRF). (Mike Halsema) NO. ACTION WAS TAKEN ON THIS ITEM. 14. Discussion and possible action regarding an agreement between the Coryell County Youth Fair Board and the City of Gatesville for concrete work at the Civic Center Agricultural Barn. (Brad Hunt) Keith Smart with Coryell County Youth Fair Board came forward. Mayor Chumley asked about the mechanics of showing the animals. Mr. Smart stated shavings are brought in to show the animals. RESOLUTION 2024-126: Motion by Joe Patterson, seconded by Aaron Smith to approve an agreement between Keith Smart ofthe Coryell County Youth Fair Board of] Directors and the City of Gatesville, regarding improvements to the Agricultural Barn at the Gatesville Civic Center, and grant City Manager Hunt authority to execute the agreement. All five voting Aye", motion passed. 15.] Discussion and possible action regarding an On-Call Planning and Development Review professional service agreement with Freese & Nichols, Inc. (FNI). (Holly Owens) P55 CITY COUNCIL MEETING NOVEMBER 14, 2024 PAGE7 Ms. Owens explained in January of 2024, a professional services agreement not to exceed $49,980 was entered into with Freese & Nichols for on call planning services and in June of 2024 that agreement was amended to add $30,000. Due to al large influx of projects that had arrived prior to September, those funds have been used and Staffis requesting an additional $30,000 to have on hand for on-call planning and development review services. Staff are working to reduce these services with in-house review and therefore reduce the financial impact, however, there may be a time that their services are needed again. This amendment is more ofa safety net to guarantee the services are available instead of an on-going expenditure and Staffi is working to add third-party review costs to David Jones with FNI came forward to address any questions or concerns oft the Council. RESOLUTION 2024-128: Motion by Kalinda Westbrook, seconded by Greg Casey to approve Resolution 2024-128 amending the On-Call Planning and Development Review professional service agreement with Freese & Nichols, Inc., authorizing the City Manager to execute all related 16. Discussion regarding an Ordinance 2024-11, amending the Gatesville Code of Ordinances by amending Chapter 48 - Subdivisions; Providing a Severability Clause; Providing a Savings Clause; Ms. Owens stated this ordinance is an amendment adding definition and procedure language for minor plats and bringing other items current with legislation and standards. The amended language regarding the requirement of performance bonds in lieu of a line of credit was explained further due ORDINANCE 2024-11: Motion by Greg Casey, seconded by Joe Patterson to adopt the amendment to the Gatesville Code of Ordinances by amending Chapter 48 = Subdivisions to the next meeting. 17.1 Discussion regarding an Ordinance of the City of Gatesville, Texas amending the Gatesville Code of Ordinances at Chapter 10 "Buildings and Building Regulations", Article II "Technical Codes", by adding a new Division 4 "Portable Buildings and Containers"; Providing a Penalty of Fine not to Exceed $500; Providing a Severability Clause; Providing a Savings Clause; and Providing for an Ms. Owens explained the ordinance and regulations for portable buildings and stated that there were Mayor Chumley verified that any existing container is grandfathered. Ms. Owens stated yes. Councilman Smith verified that the containers cannot be lived in. Ms. Owens stated yes. the fee schedule to be reimbursed by the developer for future projects. documents. All five voting "Aye", motion passed. and Providing for an Effective Date. (2nd Reading of Ordinance 2024-11) (Holly Owens) to questions from Council at the last meeting. All five voting "Aye", motion passed. Effective Date. (2nd Reading ofOrdinance 2024-12) no changes from the previous reading. (Holly Owens) P56 CITY COUNCIL MEETING NOVEMBER 14, 2024 PAGE8 Councilwoman Westbrook asked how many portable buildings are currently in the city. Ms. Owens ORDINANCE 2024-12: Motion by Aaron Smith, seconded by Jon Salter to adopt the amendment to the Gatesville Code of Ordinances at Chapter 10 "Building and Building Regulations", Article II "Technical Codes", by adding a New Division 4 "Portable Buildings and Containers" to the next stated she had driven the city and did not find a lot. meeting. All five voting "Aye", motion passed. 22. Adjourn Meeting City Council adjourned at 7:25 P.M. Ihereby attest that the above agenda was posted on this the 8th day ofl November, 2024 by 5:00 p.m. on the official City of Gatesville website, www.gatevlletx.com and the official bulletin boards at the Gatesville City Hall, 803 E. Main Street and Gatesville Council Chambers, 110N. 8th Street, Gatesville, The City of Gatesville council chambers are wheelchair accessible and accessible parking spaces are available at the back entrance of City Hall. Requests for accommodation or interpretive services must be made 24 hours prior to this meeting. Please contact the city secretary's office at 254-865- 8951 or FAX: 254-865-8320, or email howens@satcwyller.con for furtherinformation. As authorized by section 551.071 of the Texas Government Code, this meeting may be convened into closed, executive session for the purpose ofs seeking confidential legal advice from the City Attorney on any agenda item herein. The City of Gatesville reserves the right to reconvene, recess, or realign the regular session or called executive session or order of business as set forth on the agenda at any time Texas. prior to adjournment. ATTEST: Holly Owens City Secretary APPROVED: Gary M. Chumley Mayor P57 Gatesville - SprChptaluflen Consent Agenda: #7 Resolution 2024-132 CITY COUNCIL MEMORANDUM Date: To: From: December 10, 2024 Mayor & City Council Wendy Cole, City Secretary Agenda Item: Consider Resolution casting votes for the City of Gatesville's candidate for the It is time for taxing units within the county to cast votes to appoint five members to the Coryell County Appraisal District Board (CCAD). Each taxing entity was entitled to nominate one to five candidates for the CCAD Board of Directors via resolution before October 15, 2024. Andy James has served The Coryell Central Appraisal District is overseen by a board consisting of nine directors. Five directors are appointed by the taxing units, which include the city and school district, and they are selected every two years. Three directors are elected through a majority vote during the general election for state and county offices by the county's voters, while the county assessor- Traditionally, the city nominates a candidate in coordination with the school district. This approach ensures that when it is time to cast our votes, we do sO cooperatively, intending to have at least one representative on the Coryell Central Appraisal District Board who can effectively advocate for the interests of the City of Gatesville and the School District. The School District nominated Andy. James at the September 23, 2024 School Board Meeting and cast all of their allotted 745 votes during their November School Board Meeting for Andy. James. The City must return the ballot to the CCAD by December 15th, and the results will be announced Coryell Central Appraisal District Board of Directors. Information: on the CCAD Board since 2021 and has agreed to serve anotherterm. collector serves as an ex-officio director. before December 31st. Staff Recommendation: The staff recommends that the City Council cast City of Gatesville's 262 votes to re-appoint Andy. James to the Coryell Central Appraisal District Board of Directors. P58 Motion: Imake a motion to approve Resolution 2024-132 casting the City of Gatesville's 262 votes for Andy. James as a member to the Board of Directors of the Coryell Central Appraisal District Board of Directors. Attachments: Resolution 2024-132 candidate ballot 2025 Election Calculation. Ballot for the 2025 Election of CCAD Board of Directors. Staff Contact: Wendy Cole, City Secretary wcole@ratesylletz.com P59 CORYELL CENTRAL APPRAISAL DISTRICT 705 E MAIN STREET GATESVILLE, TX 76528 Res,2024-132 CITY OF GATESVILLE RESOLUTION BY THE GOVERNING BODY OF TO VOTE ON CANDIDATES FOR. APPOINTMENT TO' THE BOARD OF DIRECTORS OF THE CORYELL CENTRAL APPRAISAL DISTRICT WHEREAS, pursuant to Chapter 6 of the Texas Property Tax Code, City of Gatesville is authorized to nominate and vote on the appointment ofai member or members to the Board of Directors WHEREAS, pursuant to Section 6.03 of the Texas Property Tax Code, City of Gatesville may cast its votes for one or more of the candidates who have been nominated for appointment to the board WHEREAS, the Chief Appraiser has delivered a written ballot listing the candidates whose names were submitted for appointment to the Board of Directors to the Coryell CAD; and WHEREAS, City of Gatesville has determined that it would be in the public interest to cast its votes for the following candidates for appointment to the board of directors of the Coryell CAD, NOW, THEREFORE, BE ITRESOLVED BY THE BOARD OF DIRECTORS OF THE CITY of the Coryell Central Appraisal District ("Coryell CAD"); and of directors; and OF GATESVILLE: 1. That the above recitals are true and correct. appointment to the board of directors oft the Coryell CAD: 2. That this Governmental Unit hereby casts the following votes for the candidate(s) for Candidate Number ofVotes 3. That it is officially found and determined that this meeting was open to the public as required by law, and that notice of the time, place and subject matter of this meeting has been posted in the manner required by law. CITY OF GATESVILLE By: (Presiding Officer Signature) ATTEST: By: (Secretary Signature) P60 CORYELL CENTRAL APPRAISAL DISTRICT 705 E MAIN STREET GATESVILLE, TX 76528 Coryell Central Appraisal District Board of Directors Ballot for 2025 Election Candidate Name Bradi Diaz Inez Faison Kevin George Andy James Jay Manning Kyle Matthews Dale Treadway Scott Weddle Number ofVotes P61 CORYELL CENTRAL APPRAISAL DISTRICT 705 E MAIN STREET GATESVILLE, TX 76528 Coryell CAD 2025 Board of Director Election Voting Calculation As OfSupp 108 2023 $16,327,473 $15,200,412 $14,233,515 $9,584,748 $3,371,240 $2,009,709 $947,605 $851,052 $689,545 $362,074 $292,381 $127,002 $96,299 $75,335 $47,876 $49,062 $21,802 $13,113 $64,300,242 Total Votes 1270 1182 1107 745 262 156 74 66 54 28 23 10 7 6 4 4 2 1 5000 834 Jurisdiction Coryell County Copperas Cove ISD City of Copperas Cove Gatesville ISD City of Gatesville Central Texas College Oglesby ISD Jonesboro ISD Evant ISD Moody ISD Middle Trinity GCD Crawford ISD Evant City Clifton ISD City of McGregor City of Oglesby Lampasas ISD Valley Mills ISD %0 of Total Levy %x1000 25.39% 23.64% 22.14% 14.91% 5.24% 3.13% 1.47% 1.32% 1.07% 0.56% 0.45% 0.20% 0.15% 0.12% 0.07% 0.08% 0.03% 0.02% 100.00% 254 236 221 149 52 31 15 13 11 6 5 2 1 1 1 1 0 0 1000 5000/6 TOTALS Votes Needed to Guarantee Election P62 Gatesville Spur Capitalf lexis Agenda item # (consent) CITYCOUNCILMEMORANDUM 7 Date: To: From: December 10, 2024 Mayor & City Council Bradford Hunt, City Manager Texas Water. Alliance. Agenda Item: Discussion and possible action regarding a resolution of support for the Central Information: Public Works Director Chad Newman and City Manager Brad Hunt have been made aware ofa coalition of entities in our region who are investigating the development of the "Central Texas Water Alliance." Intended as ai regional water supply entity for a large portion of Central Texas, the Alliance would support near term water projects and long term water supply issues across the As it remains in its formative stages, the Alliance has requested resolutions of support from area water providers. To-date, the Alliance reports support from Bell County, Belton, Bluebonnet WSC, Clearwater Underground Water Conservation District, Copperas Cove, Fort Cavazos (draft received), Harker Heights, Kempner WSC, Salado, WCID 1, and WCID3 (Nolanville). Pending support is further expected from Central Texas WSC, Killeen, Moffat WSC, Morgans Pt. Resort, region. Please see Attachment 1 for more information. and City ofTroy. Financial Impact: None currently. Staff] Recommendation: The staff recommends that the City Council adopt a resolution supporting the creation ofa water authority currently led by Bell County and tentatively entitled "Central Texas Water. Alliance." Please see. Attachment 2 for Resolution. Motion: Imake the motion to adopt a resolution supporting the creation of a water authority currently led by Bell County and tentatively entitled "Central Texas Water Alliance." Attachments: Information overview, resolution StaffContacts: Bradford Hunt, City mgr-uralsten P63 Att. 1, Overview of CTX Water Alliance P64 REGIONAL WATER SUPPLY ENTITY FOR CENTRAL TEXAS CENTRAL TEXAS WATER ALLIANCE BENEFITS OFACTIONABLESOLUTIONS Meeting Current Water Supply Challenges THE NEED FOR NEW SUPPLY OPTIONS & RESILIENCY Since thei impoundment of Lake Belton in 1954 Central Texas has had an abundant water supply forresidents, generations of Central Texans have relied on that supply for their needs. Now, some 70 years later, new supply options are needed. Texasist the fastest growing state in the country, with Bell County and the Central Texas region growing at al faster rate than Texas. Growth along the Interstate 35 and Interstate 14 corridors is forecasted to continue for the foreseeable future. Under the leadership of Bell County, several water purveyors,and stakeholders, a CentralTexas Water Alliance is potentially forming to be a catalyst to leverage supportf for near term regional water projects as weil as pursue long term water supply fort the next generations of Central Texans. No single entity in the region has the capacity, either in existing water supply and/or infrastructure to meet the needs and challenges for the region with the anticipated demands of the growth and expansion that is forecasted. A consortium of entities, individual interests and resources, will help address this challenge. A reliable regional water source is essential to support sustainable economic growth, enabling new businesses to establish themselves in the area and existing industries to expand without facing water- Access to a secure and clean water supply is critical for public health, reducing the risk of waterborne diseases, and ensuring that residents have access to safe drinking water at all times. Developing a managed regional lwater source will help protect local ecosystems by reducing the over-extraction of groundwater and preserving rivers and lakes from depletion and pollution. Investing in a regional water source will provide a long-term solution to water scarcity, ensuring that future generations! have the resources they need to thrive in a changing climate and businesses, and industry.Three leveraging Economic Development related constraints. Public Health and Safety Environmentall Protection Long-term Sustainability increasingly volatile globalwaterlandscape. ALLIANCE GUIDINGPAINCIPALS We are committed to ensuring the safety and well- being of our communities by establishing protect thel health and security of every individual who depends on this vital resource. We will drive economic growth and development by securing a stable water supply that businesses and industries can rely on. Our commitment is to create an environment where companies can thrive, knowing that their water needs are met both now andi int the future. We guarantee the preservation of our natural resources through responsible water management practices. By investing in a regional water source, we are pledging to We pledge to provide equitable access to clean water for all citizens in our region. This project is our vow to ensure that every person, regardless of their location or economic status, has access tot the essential water resources they need to live and prosper. We are dedicated to building a resilient infrastructure that can withstand the challenges of tomorrow. Our commitment to this regional water source is a commitment to the long-term 30,000-45,000 areliable and sustainable regional water source. This is not just a project; iti is a promise to ac-it Projected: shortfall of supply needs by 2070 5-10 Planned Endeavors Supply ? Entities representing I-141 to 1-36 corridor safeguard our environment for generations to come. GONTACI David Blackburn, County Judge 254.933.5100 DavdBlpekpumebelcountylexasdoy safety, security, and sustainability of our community. P65 Frequently AskedQuestions Who are the Central Texas Water Alliance Formal partners of the Central Texas Water Alliance participants? are... ASR1 The Alliance is pursuing ana agreement inj place with the Brazos River Authority to share in water treatment and treated water pipelines to deliver water to the cities in Bell, Coryell, Milam, Falls, and Lampasas Counties. Whats are the Central7 Texas' Water Alliance objectives? The objective is to develop a cost-efficient project for public water supply treatment and delivery, as well as manage future water need in a fast-growing region by supplementing current water supply with groundwater from the Simsboro Layer of the Carrizo- Wilcox Aquifer. Ina addition, develop, construct: and management ASRI locations for storage of regional groundwater as well as excess The Alliance as a Regional Water Authority began the planning process in 2024 and plans on starting to deliver water to Central Awater authority is a political subdivision of the State of Texas created by the Texas Legislature with the ability to develop water supply, transport water, and develop wastewater treatment facilities. The Central Texas Water Alliance will be created through the passage of legislation authorityand filed by! local State Representative, Brad Buckley and State Senator, Pete Floresint the 88th Texas Each of the members contribute funding for the project in percentages proportionate to water supplied. Capital funding of the infrastructure is primarily provided by way of bond issuances through the Texas Water Development Board and Federal Infrastructure funds leverage with the Support of Congressman Carter. The operations and maintenance of the Alliance are funded How are resources from the Simsboro Layer of the Carrizo-Wilcox aquifer and the Hosston Layer of the Trinity Aquifer Aquifers in Texas are primarily managed by individuat groundwater conservation districts. In the area of the Alliance project, the Carrizo-Wilcox Aquifer is managed by the Post Oak Savannah Underground Water Conservation District (POSGCD) and the Trinity Aquifer is managedi in part by the Clearwater Underground Water Conservation District (CUWCD). The two districts work together with other districtsi inal larger regions, known as Groundwater Management Areas (GMA), to determine whati future they want fort the aquifers. The groundwater districts, GMA-8, and GMA-12 rely on Groundwater Availability Models (GAMs) which are computer programs that account for water: 1) remaining int the aquifer, 2) leaving the aquifer, and/or 3) entering the aquifer. They help predict the impact of pumping systems, Advanced use of these models are underway and will also necessitate the need for water level monitoring once the wells become productive. Scientists collect and organize data associated with groundwater and aquifer properties, including groundwater levels, well drilling reports, pumping records, andr rock and sediment types. Theya addi it tod data on streams, lakes, springs, precipitation, climate, surface water runoff, geologic structure, vegetation maps, root depth, evaporation, and How does this affect long term supply of the Simsboro Layer of the Carrizo-Wilcox: aquifer and the Hosston Layer of the The Central Texas Water Alliance will have agreements in place with both groundwater conservation districts, which provide oversight of water usage to ensure that supply is available in the long-term, They calculate each permit by calculating estimated future water usage, supply, and demand, ande ensure that water supply! levels ares sustained. Thej permits are created withi the intentt to surface water during highi flowconditions. Whati ist thee expected timeline for providing watersupply? Texasi in: 2030. WhatisaF Regional Water Authority? Legislature in 2025. Howi is the projectfi funded? directly by thes authority: sponsorsandgrants. managed? more. Thisi information! isanalyzedi toquantify aquifer properties andg groundwater inflows and outflows. Trinity Aquifer? preserve thes aquifer andi its water resources for manyg generations tocome. P66 Att. 2, Resolution P67 RESOLUTIONNO. 2024-133 A - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GATESVILLE, TEXAS, SUPPORTING THE CREATION OF THE CENTRAL TEXAS WATER ALLIANCE, AND PLEDGING SUPPORT FOR THE GOALS OF SECURING WATER FOR THE FUTURE OF CENTRAL TEXAS TO MEET THE DEMANDS OF GROWTH, DEVELOPMENT, AND PUBLIC SAFETY, AND PROVIDING FOR AN OPEN MEETINGS CLAUSE. WHEREAS, the City of Gatesville as a municipality that maintains a water distribution system, has an interest and responsibility to maintain an adequate supply of water to meet the demands of growth and to provide for public health and safety; and WHEREAS, the Gatesville City Council believes the creation oft the Central Texas Water Alliance is a necessary and crucial step in providing water to meet the ever-increasing demand posed by all citizens and businesses in this growing community; and, the emotional, physical, and economic well-being of citizens; and, WHEREAS, every community depends upon sustainable sources of water to provide for WHEREAS, the creation ofthe Central Texas Water. Alliance will bel beneficial to the City NOWT THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY SECTION1. The City Council of the City of Gatesville hereby finds all of the above premises to be true and correct legislative and factual findings, and they are hereby approved and ofGatesville ini its pursuit of providing a safe and healthy future for the community. OF GATESVILLE, TEXAS, THAT: incorporated into thel body of this Resolution as ifcopied in their entirety. SECTION: 2. The City Council of the City of Gatesville endorses the creation of the SECTION3. The City Council of the City of Gatesville urges the Texas Legislature to enact statutes authorizing the creation of the Central Texas Water Alliance for the benefit of the Central Texas Water Alliance. region. SECTION 4. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 1 P68 SECTION5. This Resolution shall take effect immediately from and after its passage, and DULY RESOLVED AND ADOPTED BYTHE CITY COUNCIL OF THE CITYOF itisa accordingly SO resolved. GATESVILLE, TEXAS, on this the 10th day of December, 2024. CITY OF GATESVILLE, TEXAS APPROVED: Gary Chumley, Mayor ATTEST: Wendy Cole, City Secretary APPROVED AS TO FORM: Victoria W. Thomas, City Attorney 4870-4316-4804,V.1 2 P69 Gatesville Spus Capitalrla Agenda item #8 Date: To: From: CITYCOUNCILMEMORANDUM December 10, 2024 Mayor & City Council Bradford Hunt, City Manager Agenda Item: Discussion and possible action regarding agreement to acquire land north of Gatesville. Airport in exchange for tree removal and culvert installation services. Information: City ManagerHunt: has been in discussions with Mr. Donald: R. Strieber since May 2024 regarding City's acquisition ofay portion ofl his land north of the Gatesville Airport. This 1.163-acre section ofMr. Strieber's land lies between the north fence line of the airport and an additional 17.47-acre tract already owned by the City, to the north of the section under consideration (please see figure 1). Figure 1 Tnsorus Soedh Cylme: CAS Mr. Strieber advised that he has been ini intermittent discussions with three former City Managers about this tract, and Mr. Hunt observes that there is good reason the City has been interested in the property for sol long. The City's acquisition of this tract ofl land makes sense in that any long-term plan for airport expansion depends on connecting existing airport property to the existing vacant City-owned 17.47-acre tract to the north. Adding the 1.163-acre tract to our 17.47-acre tract will connect both properties to the airport, thus expanding the airport's footprint from about 52.6 to 71.2 acres (an increase ofc over 35%). P70 Mr. Strieber and Mr. Hunt were able to agree to the following general terms for City's acquisition 1. Strieber Obligations: Conveyance of the Property. At the time of execution of this Agreement, Strieber shall also execute: a general warranty deed in ai form acceptable to the City to convey the Property to the City (the "Deed"). Upon completion of the City's obligations under the agreement, Mr. Strieber will convey the original executed deed tot the City. Note: tax and property closure payments are further outlined in the agreement. a. Subject to thet terms and conditions oft the Agreement, City agrees, at City'scost, to perform or causei to bej performed, removal ofal 1,000 foot portion ofthe Treel Line. This section may be removed utilizing heavy equipment, and work will be b. Subject to the terms and conditions ofthe Agreement, City agrees to contract with Strieber's preferred contractor for removal of an additional 1,200 foot portion of the Tree Line, at City's cost, it being agreed by the Parties that City's cost for this removal shall not exceed Eight Thousand ($8,000.00) and No/100 Dollars. This second section is arrayed over an existing water line and heavy equipment may not be used, so iti is a cost effective option for the City to pay Mr. Strieber's preferred Within seven (7) business days of completion oft thei removal of the' Tree Line, City will commence or cause to be commenced installation, at City's sole cost, ofa twenty (20") foot culvert under Strieber's driveway. The culvert will assist with routing somwastermofundmesh Strieber'sdriveway, from the airport property into a field to the west. The exact placement of the culvert shall be approved by d. After completion of removal of the Tree Line, City shall, at City's sole cost, construct, or cause to be constructed an industry standard, three-wire cattle fence with t-posts (the "Fence") along the eastern sideo ofthe Property. This will delineate the newly-defined western property line of the conveyed 1.163-acre tract. of1.163 acres ofhis land (see attached. Agreement for all details): 2. City Obligations: performed by City. contractor for this portion ofwork. Strieber in writing prior to commencement ofinstallation. Ins summary, ifapproved by Council the City will perform, or cause tol bej performed, agreed-upon work on Mr. Strieber's land in exchange for conveyance ofa 1.163-acre tract of that land to the City. The associated costs, as outlined in thel Financial Impact paragraph below, remain within the fair market value ofat tract of land ofthis size in the Gatesville area of Coryell County. The attached Agreement was written by City Attorney Victoria Thomas and approved by Mr. Donlad Strieber and Mrs. Marcia Strieber. P71 Financial Impact: Survey (already paid): Contract work, tree removal: City work, tree removal: City work, culvert installation: City work, fence installation: Closing costs for deed transfer: Total: Not to exceed: SlaffReommendation: $1,700 $8,000 (max) $3,000 (est.) $1,000 (est.) $1,000 (est.) $1,100 (est.) $15,800 (estimate) $20,000 The staff recommends that the City Council approve an agreement between Donald and Marica Strieber and the City of Gatesville ini regard to the City performing, or causing to bej performed, agreed-upon work on the Strieber's land and payment ofother costs not to exceed a total expenditure of$20,0000, in exchange for conveyance ofa1.163-acre tract ofthat land to the City; and authorize the City Manager to execute said agreement. Motion: Imake the motion to approve an agreement between Donald and Marica Strieber and the City of Gatesville in regard to the City performing, or causing to be performed, agreed-upon work on the Strieber's land and payment of other costs not to exceed a total expenditure of $20,0000, in exchange for conveyance of a 1.163-acre tract of that land to the City; and authorize the City Attachments: Agreement with Survey, Information on Currently-Owned City Land, and Copy of Manager to execute said agreement. Warranty Deed Staff Contacts: Bradford Hunt, City Manager - bhuntasatesviletx.om P72 Att. 1,Agreement P73 LAND ACQUISITION. AGREEMENT BETWEEN DON STRIEBER AND THE CITY OF GATESVILLE THE STATE OF TEXAS COUNTY OF CORYELL $ $ $ THIS LAND ACQUISITION AGREEMENT ("Agreement") is made and entered into as oft the last date ofexecution (the "Effective Date") by and between Donald R. Strieber and Marcia Steiber, together aj private landowner ("Strieber"), and the City ofGatesville, a Texas municipality ("City"). City and Strieber may each be referred to herein as a "Party" and collectively as the "Parties." RECITALS WHEREAS, Strieber is the sole current owner of an approximately 87.06 acre tract ofland adjacent to the Gatesville Municipal Airport, identified in Coryell CAD by Property ID number WHEREAS, City desires to purchase a 1.163 acre portion of the Strieber Land, said 1.163 acre tract being described and depicted in the survey attached hereto and incorporated herein by WHEREAS, Strieber has agreed to transfer ownership of Property to City in exchange for City's agreement to remove or cause to be removed an approximately 2,200 linear feet tree line, being of an approximate 20 feet in width, thel location of which is depicted onl Exhibit' "B"attached hereto and incorporated herein by this reference (the "Tree Line") and to install a twenty-foot culvert under his driveway located adjacent to the Tree Line as depicted on Exhibit "B" (the WHEREAS, the Parties desire to enter into this Agreement providing the terms and conditions for the City to remove or cause to be removed the Tree Line and install or cause to be installed the Culvert in exchange for Strieber's conveyance ofa a general warranty deed to the City NOW THEREFORE, for and in consideration for the mutual promises hereinafter expressed, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, Strieber and City agree and contract as follows: 151494 (the "Strieber Land"); and this reference as. Exhibit *A" (the "Property"): and "Culvert"); and for the Property; AGREEMENT 1. Recitals The Parties agree that the recitals set forth above are true and correct and they are incorporated herein by this reference as though fully set forth herein. Shorthand terms LANDACQUISITIONAOEMATBETMENDONAIDANDMARICASTREBERANDTAECTYOFOATESVIE P74 assigned in the recitals have the same meaning when used in this Agreement as stated in the recitals. 2. Strieber Obligations: Conveyance of the Property. (a) At the time of execution of this Agreement, Strieber shall also execute a general warranty deed in a form acceptable to the City to convey the Property to the City (the "Deed"). Following execution, the Deed shall be held by Strieber. Strieber shall submit a copy (so marked) of the executed Deed to the City Manager within two business days (b) Strieber shall retain possession of the original Deed until completion by City ofits obligations under this Agreement. Upon notification by City of completion ofits obligations under this Agreement, Strieber shall verify such completion within two (2) (c) Upon such verification, Strieber shall immediately deliver to the City Manager of the the original executed Deed to City Manager ofthe City of Gatesville who may thereafter cause the Deed to be recorded in the property records of Coryell County, ii. proof of payment of ad valorem taxes for the Property through the current tax year. oft the Effective Date as proof of execution oft the Deed. business days ofs such notice. City: Texas; and 3. City Obligation: Removal ofTree Line (a) Subject to the terms and conditions of this Agreement, City agrees, at City's cost, to perform or cause to be performed, removal ofa 1,000 foot portion oft the Treel Line. Said 1,000: foot! long by 201 foot wide portion being generally depicted and identified on] Exhibit "B" attached hereto and incorporated herein by this reference. on Strieber's property. Within two (2) days ofthe Effective Date, Strieber shall plainly mark, via yellow caution tape wrapped around each trunk at approximately chest level, each tree Strieber wishes to keep within the 1,000 foot portion of Tree Line and notify City in writing of the total (b) With regard to the removal ofthis 1,000 foot portion of the Tree Line, City will abide by This tree removal will be coordinated with the removal of the remaining 1,200 feet of number oft trees marked to be retained within said 1,000: foot portion. the following conditions: the' Tree Line as more particularly described hereinbelow; ii. Heavy equipment may be utilized for the removal; iti. Brush removal or mulching shall be provided by City at its cost.; and iv. Brush piles and old fencing waste: may not remain on the Strieber Property and must be (c) Subject to the terms and conditions of this Agreement, City agrees to contract with Strieber's preferred contractor fori removal ofa1,200 foot long by 201 foot wide portion of the Tree Line, identified and depicted on Exhibit "B," at City's cost, it being agreed by the Parties that City's cost for this removal shall not exceed Eight Thousand ($8,000.00) removed by City. LANDACQUBTIOWAOINeNT BETWEENDONALDANDMARICASTRIBERANDIHECIYOFGATESVILE P75 and No/100 Dollars. If Stieber's preferred contractor's total cost for the removal exceeds $8,000.00, Strieber agrees to reimburse City for all amounts in excess of $8,0000.00 within thirty (30) days of receipt of request for payment by City, accompanied by contractor's invoices and proof of payment of the same by City. Within two (2) days of the Effective Date, Strieber shall plainly mark, via yellow caution tape wrapped around each trunk at approximately chest level, each tree Strieber wishes tol keep within the 1,200 foot portion ofTree Line and: notify City in writing of the total number oftrees marked to (d) With regard to the removal of this 1,200 foot portion of the Tree Line, the Parties further City will advise Streiber's preferred contractor (the "Contractor") that removal methods must be employed that are designed to protect Strieber's water line which is buried on the 1,200 foot portion of the Tree Line and that such removal methods should be ii. City's agreement with Contractor will prohibit Contractor from using heavy equipment iri. Contractor removal and disposal of the brush generated by the Tree Line removal must iv. City'sagreement with Contractor will: include (I) an agreement by Contractor to compensate City and/or Strieber, as the case may be, for all expenses resulting from any damage to the water line caused by Contractor, its agents, representatives, employees, or subcontractors (including subcontractor's agents, representatives, and employees) directly and (2) an agreement by Contractor to provide to City proofof adequate insurance to cover claims by City or Strieber, as the case may be, for damages resulting from any damage to the water line caused by Contractor, its agents, representatives, employees, or subcontractors (including subcontractor's agents, V. City shall offer response and assistance to repair any water line damage, should any help vi. Strieber's preferred contractor is Ashley's] Landscaping & Services, 14813 State Hwy. (a) Within seven (7) business days of completion of the removal of the Tree Line, City will commence or cause to be commenced excavation of airport property to facilitate proper drainage of storm water runoff and further commence installation, at City's sole cost, of a twenty (20) foot culvert under Strieber's driveway, said culvert to be located north of bei retained within said 1,200 foot portion. agree as follows: expressly identified in Contractor's bid. over or near the Strieber waterline. be required int the City's agreement with the Contractor. representatives, and employees). be needed. 36, Jonesboro, Texas 76538, 254-239-8842. 4. City Obligation: Installation ofCulvert. LANDACQUISITONACEMAGBEAMTABMEADONMAIDANDMARCASTREBER. ANDTHECIY OFG GATESVILLE P76 the second gate on said road, the location of the culvert being generally depicted on (b) The exact placement of the culvert shall be approved by Strieber in writing prior to Exhibit "B" hereto. commencement ofinstallation. 5. City Obligation: Installation of] Fencing. After completion of removal of the Tree Line, City shall, at City's sole cost, construct or cause to be constructed an industry standard, three-wire cattie fence with t-posts (the 6. Indemnity. IN ANY PROCEEDING, STRIBBER SHALL INDEMNIFY, RELEASE, DEFEND, AND HOLD HARMLESS CITY, ITS ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, CONTRACTORS, ATTORNEYS, AND/OR CONSULTANTS (COLLECIVELL, NDEMNITEES7 FOR, FROM, ANDAGAINST ANYAND. ALL LOSSES OF ANY. KIND OR NATURE, LIENS, CLAIMS, DEMANDS, ACTIONS, SUITS, JUDGMENIS, AND. LIIGATIONEXPENSES OFANFNATURE, KIND, OR DESCRIPTION OF ANY PERSON OR ENTITY, DIRECTLY OR INDIRECILYARISINGOUTOERESULTING, FROM, OR RELATED TO (NWHOLE OR INPART) THIS AGREEMENI, EACEPT. AS EXPRESSLY: SET FORTH IN THIS AGREEMENT AND FURTHER EACEPT TO THE EATENT OF ANY GROSS NEGLIGENCE OR INTENTIONAL, MISCONDUCTOF THE INDEMNITEES. 7. Force Majeure. In the event either Party is rendered unable by force majeure to carry out any of its obligations under this Agreement, in whole or in part, then the obligations of that Party, to the extent affected by thei force majeure will be suspended during the continuance of thei inability, as long as the Party exercises due diligence to: resume performance at the earliest practical time. As soon asi reasonably possible after the occurrence ofthe force majeure relied upon to suspend performance, the Party whose contractual obligations are affected shall give The cause, as far as possible, will be remedied with all reasonable diligence. The term "force majeure" includes acts of God, strikes, lockouts or other industrial disturbances, acts oft the public enemy, orders oft the government ofthe United States or the State 6fTexas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and civil disturbances, explosions, breakage, or accidents to equipment, pipelines, or canals, partial or complete failure of water supply, and any other inabilities of either Party, whether similar to those enumerated or otherwise, that are not within the control ofthe Party claiming thei inability and that could not have been avoided by the exercise of due diligence and care. The Parties understand and agree that the settlement or strikes and lockouts will be entirely within the discretion of the Party having the difficulty and that the requirement that any force majeure be remedied with all reasonable dispatch does not require the settlement of strikes and lockouts by acceding to the demands of the opposing Party if, in the judgment of the Party having the "Fence") along the western side of the conveyed. Property. notice and full particulars oft the force majeure to the other Party. difficulty, the settlement is unfavorable toi it. LANDACQUISTIONAOEDPTATMURIONMAIDANDMARICASTAIEBER, AND1 THE CrrY OFGATESVILLE P77 8. Notices. Any notice given by either Party to the other Party under this Agreement must be in writing and may be accomplished by personal delivery orl by sending the notice by registered or certified mail, return receipt requested, to the address set forth below. Notice will be deemed given when deposited with the United States Postal Service with sufficient postage affixed. Any notice mailed to City will be addressed: City of Gatesville Attn: City Manager 803 E. Main Street Gatesville, Texas 76528 Don and Marica Strieber 840 Chitwood Road Gatesville, Texas 76528 Any notice mailed to Strieber will be addressed: Either Party may change the address for notice to it by giving written notice oft the change in accordance with the provisions ofthis paragraph. 9. Breach of Contract and Remedies. (a) Ifeither Party breaches any term or condition of this Agreement, the non-breaching Party shall provide the breaching Party with a notice of the breach within fifteen (15) days of discovery ofthe breach by the non-breaching Party. Upon delivery of notice of1 breach, the breaching Party will have thirty (30) days to cure the breach. Ifthe breaching Party does not cure the breach within thet thirty (30) days, the non-breaching Party will have all rights atl law and in equity, inçluding the right to enforce specific performance ofthis Agreement by the breaching Party, thei right toj perform the obligation in question andi to seek restitution fora all damages incurred in connection therewith and the right to terminate this Agreement. (b) Termination of this Agreement by a non-breaching Party will not affect any previous (c) The rights and remedies of the Parties provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law and under this Agreement. 10. Third Parties. This Agreement is made and entered into solely by thel Parties. Iti is the express intention of the Parties that the terms and conditions of this Agreement may be enforced by either Party to the Agreement but not by any third party or alleged third-party beneficiary. 11. Captions. Captions are: included solely for convenience ofreference and ifthere is any conflict conveyance made in accordance with this Agreement. between captions and the text of the Agreement, the text shall control. LANDACQUISITION. AOREEMENTBEVENDONAIDAMDMARCASTRIBERANDTECCTYOFGATESVIE P78 12. Context. Whenever the context requires, the gender of all words herein shall include the masculine, feminine, and neuter, and the number of all words will include the singular and the 13. Mediation. Prior to the institution of legal action by either Party related to any dispute arising under this Agreement, the dispute will be referred to mediation by an independent mediator mutually agreed upon by both Parties. The cost ofthe mediator will be shared equally by both 14.) Litipation Expenses. The prevailing Party in any legal proceeding brought by a Party to this Agreement against the other Party, for claims under this Agreement, will be entitled to recover 15. Intent. The Parties covenant and agree that they will execute and deliver any further instruments and documents as are or may become necessary or convenient to effectuate and 16. Multiple Originals. This Agreement may be executed in multiple originals, any copy of which willl be considered to be an original, and all ofwhich will constitute the same document. 17.4 Authority. Each signatory hereto represents and affirms that he/she is authorized to execute 18. Severability. The provisions ofthis Agreement are severable, andi ifany word, phrase, clause, sentence, paragraph, section, or other part of this Agreement or the application thereofto any person or circumstance is ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances will: not be affected thereby and this Agreement will be construed as ifsuch invalid or unconstitutional portion had never been contained therein. 19. Entire Agreement. This Agreement, including any exhibits attached hereto and made aj part hereof, constitutes the entire agreement between the Parties relative to the subject matter of this Agreement. All prior agreements, covenants, representations, or warranties, whether oral or in writing, between the Parties are merged herein. The Recitals at the beginning of this Agreement are incorporated into the terms of this Agreement for all purposes. 20., Amendment, No amendment of this Agreement will be effective unless and until it is duly approved by each Party and reduced to a writing signed by the authorized representatives of 21. GoverningLaw. This Agreement will be construed under and in accordance with the laws of the State of Texas, and all obligations of the Parties are expressly deemed performable in plural. Parties. court costs and reasonable attorneys' fees from the non-prevailing Party. carry out the intent of this Agreement. this Agreement on behalf oftheir respective Party. City and Strieber. Coryell County, Texas. LANDACQUINTIONAGEBAOIMMIBTMRIONMAIDANDANDMACASTHEREKADTTECIYOICATswuE P79 22. Venue. Any action at law or in equity brought to enforce or interpret any provision of this Agreement must be brought in a state court of competent jurisdiction with venue in Coryell 23. Successors and Assigns. This Agreement is binding on and will inure to the benefit of the 24. Assignability. The rights and obligations of the Parties hereunder. may not be assigned. County, Texas. heirs and successors oft the Parties. Remainder ofpage intentionally left blank. LANDAOQUISTIONAOHAMTABOMMIONMIDANDMARCASTRERER. AND1 THE Crry OFG GATESVILLE P80 IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed by its duly authorized representative ini multiple copies, each ofe equal dignity, oni the date or dates indicated below (the last date signed is the "Effective. Date"). CITY: municipality By: Name: Title: Date: STRIEBER: Doanld R. and Marica Strieber Property owner By: Name: Name: Date: CITY OF GATESVILLEaTexas LANDACQUISITION. AGREEMENT) BEMARDONAIDANDMARCASTRUEBERAND: THECTYOFGATSVILE P81 Exhibit A LANDACQUISITION. AGREEMENT! BETWEENDONALDADANDMARCASTRIEBEKANDIHELITOFGATESVILS P82 HAINES SURVEYING CO. P.O.BOK 1031 GATESVILE, TEKAB 76528 Cell 817-233-3846 FIELDI NOTESI FOR: City ofGatesville, Texas Dated: September 24, 2024 All that certain 1.163 acres tract or parcel ofl land locatedi in Coryell County, Texas out oft the Alfred Woods Survey Abstract No. 1055 and beingaportion ofas so-called! 90.716 acrest tract ofland Strieber etux, Marcia Strieber, by deed recorded in thel Deed Records ofc Coryel! County, conveyed Texas, Document! Donald R. No. 147313, Tract Onè, same being more particularly described by, metes and bounds as follows; to wit: BEGINNING: ata5/8" dia. cappedi ironj pini RPLS 4327, seta at an old 8" dia. fence corner for int the east line ofs said Strieber Tract One, the northwest comer ofas so-called 12.741 acrest post tract ofland an ell comer conveyed tot the city ofGatesville, Texas, by Quit Claim Deed &1 Bill ofSale, recordedi int the (D.R.C.C.T.) Document No. 204104, Exhibit D, (Airport Tract), (see also deedi in' Volume 259,1 Page 315, Tract D.R.C.C.T.), same being the southwest comer oft this tract. From whicha a3/8" dia. iron pin found at One, an old fence comer post for thes southeast comer ofs said Strieber Tract One, thei northeast comer of Strieber Tract and thes southwest corer of said city ofGatesville 12.741 acres tract, bears S01-34-15W. 1109.37 feet. Two TNCE: North 01 deg. 37 min. 08 sec. East along the um- fenced west line oft thist tract ands severing most northeasterly portion ofsaid Strieber Tract One, ac distance of 175.84 feet to an 518" dia capped offthe RPLS 4327, seti ins an old rock fence and being 1.5' northeast ofa wire fencet for the northwest corner ironj ofthis pin tract, samel beingi in the easterly northl line of said Strieber Tract One and also beingi in the south line ofaso- called 17.466 acres tract ofl land conveyed to the city ofGatesville, Texas, by deed recorded int the (D.R.C.C.T.), Documentl No. 173451. From which a 5/8" dia. cappedi iron pin RPLS 4327, set at an old 6" cedar fence post at thei intersection oftwo old rock fences on the top ofabluff, same being an ell comer in dia. said Strieber' Tract One and thes southwest comer ofs said city ofGatesville 17.466 acrest tract, bears) N72-01-33W 194.89. (Strieber total deed call S71-04-43B: 712.97) (Gatesville 17.466 acres tract total deed call S71-16-49B THENCE: South 72 deg. 01 min. 33 sec. East along easterly northl line ofs said Strieber Tract One and the southwest lire ofs said city of Gatesville 17.466 acres tract and also being along an old wire fence, same ont the southwest side of an old rock fence, a distance of518.321 feet toa3/8" diai ironj pin found at a fence being corner for the most north easterly northeast comer ofsaid Strieber Tract One, thei northeast comer the southeast comer ofs said Gatesville 17.466 acres tract, the northwest comer ofa so-called 63.46 ofthist acres tract tract, of land conveyed tol Brivibas) Investori, LLC, by deed recondedi int the (D.R.C.C.T.), Document No. also being thes southwest comer ofas so-called: 118.72 acres tract ofl land conveyed to John Shoafe 349819 THENCE South 01 deg. 361 min. 59 sec. West along the fenced most easterly east line of said Strieber One and the east line oft this tract, samel being the west line ofs said Brivibas' Tract, a distance of27.93 Tract 3/8" dia. cappedi ironj pin, stamped' Wallace Group, found: at and old fence comer posti for thei most feettoa southeast comer ofsaid Strieber Tract One, the southeast comer ofthis tract, samel being thei northeast easterly said city of Gatesville 12.741 acres. Airport Tract and also beingas slight comeri ins said Brivibas' THENCEI North 88 deg. 361 min. 20 sec. West along an old fence ont the easterly southl line of said Strieber Tract One, the south linec oft thist tract and the north line ofs said city of Gatesville 12.741 acres a distance 497.35 feet (Strieber total deed calll N87-41-22W. 495.67) (Gatesville 12.741 acres tract deed tract, calll N87-34W of All ironj pins set are: 5/8" in diameter with orange plastic caps stamped RPLS 4327. All bearings shown are based on Geodetic (True)) North and were derived from GPS observations: made during this survey. I,Mark A. Haines, Registered Professional Land Surveyor in and for the State ofTexas, dol hereby the property legally described herein and on attached plati isa atrue, correct'and accurate representation certify ofthe that property legally described, there being no encroachments, conflicts or protrusions except ass shown. tol call S02-33-02W 1109.24") (Gatesville deed call S02-26W1110.0). (Strieber 712.82"). and etux, by deed recorded ini the (D.R.C.C.T.), Document No. 261405, Exhibit A. comer of Tract. (Strieber call $03-59-58W27.75) (Brivibas deed call S01-23-17W: 27.99"). 500.0), tot thel PLACE OFI BEGINNING and containing 1.163 acres ofland. Surveyed ont the ground September 9, 2024. Wort a plaier Mark A. Haines, Registered Professional Land Surveyor No.4 4327. P83 g"x33E BRBraakmpe shrs"w NIYOSE 17544 a NfE mgs Syzacres) Ducane 34989, bace) P84 Exhibit B LANDACQUIRTIONAGEDANMAPMAMDAAIDANDANDMANCATREREADNDNAEGIYOrOATus P85 Strieber Ceclar Removal Ond Wl63 acre Lonvey folHy gf Guesville Oal, 3014 - Newfence 1143 acre 0 0 9 Gatesville Airport Cedartree 3 RB lines Airport 8'gamefene Stieke_oad LI Wuter rwnplf siope 20'dulver Neu Rain waler drain Fente-prqpertg/ne Bexist Gate2 Culverts whrsahe rope meDonwd prerty Z cwvert vunway under 2'PVC, wafer ling Gotel'bOatez: 1200fect witer meter ds1 Rajh waters flowfem from)wiverts ChiwodRa Airport brsi Cae, guard P86 Cedar Tree Removal -Strieber property Work Agreement, October 9, 2024 Contractor: Ashley's Landscaping & Services 14813 State Hwy.33636 Jonesboro, Tx 76538 254-239-8842 Bid: $750d 2week work period Start date: End date: Ashley'slandscaping is bidding the cedar work on Strieber's 1200 feet road entrance Remove cedar trees and old fenceline that stands between the City of Gatesville. Airport property and Strieber's 1200 feet road property. A2i inch PVC slip joint water line is buried (see Sketch)beneath the cedar tree line on said property. All necessary water line protection by the contractor will be used to prevent water line damage! Strieber has described clearly the urgency and protection required for all contractor bids! No heavy road equipment will be used over water line to complete this work! A water line leak test by Cityof Gatesville. at water meter will be conducted to verify leak free water line. before work begins. Contractor will provide liability policy for waterline protection. Mr. Brad Hunt, City Manager, City off Gatesville. has offered to assist in water line repair at such time it may be needed during the cedar removal work. The contractor will string a guide line over the water line area to keep the water line located, while cedar removal work is performed. Cedar removal work will be done 14 inches either side of the string line (See sketch of water line location). The contractor will use chain saws, mulcher/wood chipper, stump(operator hand driven) grinder and manual laborers to complete this work. Strieber's existing road is available to load on truck or trailer to move brush, wire or fencing, to complete the cedar removal.. All wire, heavy brush, stumps, etc. must be hauled off for proper disposal. Wood chips/cedar mulch may be disposed of on described Strieber property. Strieber property will be left free of any trash, wire, brush or mulch during and after work. This bid includes brush removal in the ditch either side of road between the cattle guard and Strieber's road gate. The. 1200feet road property will be surface prepped to drive a riding mower over the entire work area for weed maintenance/ grass cutting. Payment for said work in this agreement will paid by the City (as described ) at 840 Chitwood Rd, Gatesville, Tx 76528. Critical work directives: Work and equipment described: City of Gatesville: Strieber and Brad Hunt. Brad Hunt, be of Gatesville, Mr Brad Hunt, City Manager at 254-865-8951. Paid by City of Gatesville upon approval of Don date ,date date. Ashley Landua, Contractor Don Strieber, Property Owner P87 Stvieber Ceclar Remova! Gnd 163 acre Lonvey toliy ef Gulesuille Odolurie, 3014 - Newfence 1143 acre 0 9 Galesvile Cedartree B lines Sippa' 3 (200' Airport Airport 8'gamefen p LI Stoeber road Wwter Ywnpkf slope Nen 20'Culvers a4 Gahez Fance-prgperigline Rain waler drain BJexist drain Culverts J44114 unierStrieber road meDonwd Proerty 47 Cuvert under ranway n 2"PVG. wafer line Gatel to Gatez = 12DOfeet wicter meten 47 Ga Baih weterHow-fom Ahpopt brsb fromS)wiverts GhifwpocR CatHe, Quard P88 7/26/24, 4:25PM image004.png Roughly 1,200feet oitreescutwnnour heawyequpment 737-2024 Roughly 1,000 feet oftrees cutwith heavy equipment OK Heriak City g Gitionlle ard 3tneber AApport prporty Cader Renovl $1/7land Survey 1/1 ----- P89 P90 Att.2.Information on Currently-Owned City Land P91 Existing City-Owned Land North of Airport (1of2) Parceis: CITYOF GATESVILLE ew MorePropery nformatgo Clckhere ergShapslleDats Property Information Property ID: 109137 Legal Acreage: 17.47 GEOI ID: 063240000 Legal Description: 1062AOCD ACRES 17.465 Tractorlot: Abstract Subdivision Code: 062 Block: Neighborhood Code: 0600W Schoo! District: GV CityLimits: Zoomio P92 12/4/24, 11:03AM RPropertyDetails Account Property ID: Type: Property Use: Location Situs Address: Map ID: Legal Description: Abstractsubdvision: 1062 Neighborhood: Owner Owner ID: Name: Agent: Mailing Address: % Ownership: Exemptions: aboutblank 109137 R Geographic ID: 063240000 Zoning: Condo: 201AIRPORT RD GATESVILLE, TX7 76528 G8 Mapsco: 1062AWOOD, ACRES 17.466 (0600W) REG3GATESVILLE & OUTLYING AREA 152342 CITY OF GATESVILLE 110 N8 8TH STREET GATESVILLE, TX 76528-1499 100.0% EX-XV- For privacy reasons not all exemptions are shown online. RPropertyValues Improvement Homesite Value: improvement Non-Homesite Value: Land Homesite Value: Land Non-Homesite Value: Agricultural Market Valuation: $0(+) $0(+) $0(+) $253,380(+) $0(+) aboutblank 1/4 P93 12/4/24, 11:03AM Market Value: aboutblank $253,380(=) $0(-) Agricultural Value Loss: Appraised Value:' HS Cap Loss: e Circuit Breaker: e Assessed Value: Ag Use Value: $253,380(=) $0(-) $1,296(-) $252,084 $0 Information provided for research purposes only. Legal descriptions and acreage amounts are for Appraisal District use only and should be verified prior to using for legal purpose and or documents. Please contact the Appraisal District to verify all information for accuracy. RProperty TaxingJurisdiction Owner: CITY OF GATESVILLE %Ownership: 100.0% Entity Description Market Value $253,380 $253,380 $253,380 $253,380 Taxable Value 050 GV CORYELL COUNTY GATESVILLE ISD $0 $0 $0 $0 CAD CORYELL CENTRAL APPRAISAL DISTRICT MTG MIDDLE TRINITY GCD Total Tax Rate: 1.351238 about:blank 2/4 P94 12/4/24, 11:03AM aboutblank RPropertyLand Type Description Acreage EXMPT EXEMPT Sqft Eff Front Eff Depth Market Value Prod. Value 17.47 760,819.00 0.00 0.00 $253,380 $0 aboutblank 3/4 P95 12/4/24, 11:03AM aboutblank AProperty Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Loss Assessed 2024 2023 2022 2021 2020 2019 2018 2017 2016 $0 $0 $0 $0 $0 $0 $0 $0 $0 $253,380 $210,070 $146,810 $140,200 $126,930 $84,790 $83,020 $72,520 $72,520 $0 $253,380 $0 $210,070 $0 $146,810 $0 $140,200 $0 $126,930 $0 $0 $0 $0 $0 $252,084 $0 $210,070 $0 $146,810 $0 $140,200 $0 $126,930 $0 $84,790 $0 $83,020 $0 $72,520 $0 $72,520 $84,790 $83,020 $72,520 $72,520 AProperty Deed History Deed Type Description Grantor 7/30/2004 WD WARRANTY HAIRSTON Grantee CITY OF GATESVILLE CITYOF GATESVILLE COUNTYAIRPORT Volume Page Number Date 173451 DEED LEEROY& ILENE GATESVILLE 4/25/2006 QUIT QUIT CLAIM CITY OF 204104 DEED aboutblank 4/4 P96 Att. 3, Copy of Warranty Deed P97 After Recording, Return to: City of Gatesville Attn: City Manager 803 E. Main Street Gatesville, Texas 76528 CQY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL: PROPERTY BEFORE ITI IS FILED FOR RECORD IN THE PUBLIC. RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. General Warranty Deed Date: Grantor: 1/15 2024 Donald R. Streiber and wife. Marcia Streiber Grantor's Mailing Address: 840 Chitwood Road, Gatesville, Texas 7652 (Coryell County) Grantee's Mailing. Address: 803 E. Main Street, Gatesville, Texas 76528 (Coryell County) Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable Property (including any improvements): BEING all of that certain 1.163 acre tract of land located in Coryell County, Texas out of the Alfred Woods Survey, Abstract No. 1055 and being aportion ofa a 90.716 acre tract of land conveyed to Donald R. Strieber etux Marcia Strieber, by deed recorded in the Deed Records of Coryell County, Texas, Document No. 147311, Tract One, Grantee: CityofGatesville, Texas consideration, the receipt and sufficiency of which is hereby acknowledged. and being more particularly described metes and bounds as follows: BEGINNING at a 5/8" dia. capped iron pin RPLS 4327, set at an old 8" dia. fence corner post for an ell corner in the east line ofsaid Strieber Tract One, the northwest corner of a so-called 12.741 acres tract of land conveyed to the City of Gatesville, Texas by Quit Claim Deed and Bill of Sale, recorded in the (DRCCT) Document No. 204104, Exhibit D, (Airport Tract), (see also. deed in Volume 259, Page 315, Tract one, DRCCT), same being the southwest corner of this tract, From which a 3/8" dia. iron pin found at an old fence corner post for the southeast corner of said Strieber Tract One, the northeast corner of Strieber Tract Two and the southwest corner of said city of Gatesville 12.741 acres tract, bears S01-34-15W 1109.37 feet (Strieber call S02-33-02W 1109.24) (Gatesville deed call S02-26W 1110.0) THENCE North 02 deg. 37 min. 08 sec. East along the un-fenced west line of this tract and severing off the most northerly portion ofs said Strieber tract one, a distance of175.84 feet to an 5/8" dia. capped iron pin RPLS 4327, set in an old rock fence and being 1.5' northeast ofa wire fence for the northwest corner of this tract, same PAGE1 GENERAL WARRANTY DEED: Donald and1 Marcia Strieber to City of Gatesville P98 being in the easterly north line ofsaid Strieber Tract One and also being ini the south line of a so-called 17.466 acres tract of land conveyed to the city of Gatesville, Texas, by deed recorded in the (DRCCT), Document No. 173451. From which a 5/8" dia. capped iron pin RPLS 4327, set at an old 6" dia. cedar fence post at the intersection of two old rock fences on the top ofa a bluff, same being an ell corner in said Strieber Tract One and the southwest corner of said city of Gatesville 17.466 acres tract, bears N72-01-33W 194.89. (Strieber total deed call S71-04-43E 1297/Gaesvlle.7466 acres tract total deed call S71-16-49B712.82) THENCE South 72 deb. 01 min. 33 sec. East along easterly north line of said Strieber Tract One and the southwest line of said city of Gatesville 17.466 acres tract and also being along an old wire fence, same being on the southwest side ofan old rock fence, a distançe of 518.32 feet to a 3/8" dia. iron pin found at a fence corner for the most north easterly northeast corner of said Strieber Tract One, the northeast corner of this tract, the southeast corner of said 17.466 acre tract, the northwest comer of a so-called 63.46 açres tract of land conveyed to Brivibas Investori, LLC by deed recorded in the (DRCCT), Document No 349819 and also being the southwest corner of a so-called 118.72 acres tract of land conveyed to John Shoafetux, by deed recorded in the (DRCCT)) Document No. 261405, Exhibit THENCE South 02 deg. 361 min. 59 sec. West along the fenced most easterly east line of said Strieber Tract One and the east line of this tract, same being the west line of said Brivibas Tract, a distance of27.93 feet to a 3/8" dia. capped iron pin, stamped Wallace Group, found at an old fence corner post for the most easterly southeast corner of said Strieber Tract One, the southeast corner of the tract, same being the northeast corner of said city of Gatesville 12.741 acres Airport Tract and also being a slight corner in said Brivibas Tract. (Strieber call S03-59-58W 27.75) THENCE North 88 deg. 36 min. 20 sec. West along an old fence on the easterly south line of said Strieber' Tract One, the south line ofthis tract and the north line of said city of Gatesville 12.741 acres tract, a distance of 497.35 feet (Strieber total deed call N87-41- 22W 495.67) (Gatesville 12.741 acres tract deed call N87-34W- 500.0) to the PLACE OFE BEGINNING and containing 1.163 acres ofl land. A. (Brivibas deed call S01-23-17WW2799) Resèrvations from Conveyance: None Exceptions to Conveyance and Warranty: Validly existing easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded and validly existing instruments, other than conveyances of1 the surface fee estate, that affect the Property, and all oil, Grantor, for the Consideration and subject to the Reservations from Conveyance, the Exceptions to Conveyance and Warranty and the waivers and disclaimers set forth above, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs, administrators, and gas, and other minerals reserved by prior grantors. PAGE2 GENERAL WARRANTY DEED: Donald and Marcia Strieber to City of Gatesville P99 successors to warrant and forever defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same orany part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. SIGNED tol be effective on Nompr 15 2024 Donla R diule Donald R. Strieber nuniiw Marcia Strieber Biuke STATE OF TEXAS COUNTY OF CORYELL S Before me, the undersigned authority, on this 15 day of Navewber, 2024, personally appeared, Donald R. Strieber and Marcia Strieber, known or proven to me to be the person whose signatures appear above and acknowledged that the statements set forth above and true and correct and that they each executed this instrument as their own voluntary act and deed. KELSEYCOLE Nory Public. State oft Texas Comm. Expires) June 27.2 2028 Notary D1 129039084 CAD Stale ofTexas hbe My commission expirese a1,8028 4878-6973-1065,V.2 PAGE3 GENERAL WARRANTY DEED: Donald andl Marcia Strieber to City of Gatesville P100 Gatesville Sprchptalurlen Agenda Item #9 Date: To: From: Subject: Summary: CITY COUNCIL MEMORANDUM December 10, 2024 Mayor & City Council Bradford Hunt, City Manager Update and Site Tour re: Library Building Closure and Next Steps The Library roofwas damaged in the hailstorms that occurred in May-June 2024, and we repaired the visible leaks. However, due to the condition of the HVAC at the time, our library sustained water damage along certain interior walls and became a host for visible mold. On September 12, 2024, City Manager directed the closure of the library due to water damage and mold concerns. Lone Star Mold Testing Company (contracted by the City of Gatesville) conducted mold testing at the Gatesville Library, including air testing, to determine whether mold was an issue related to the known water damage. Lone Star's air quality and other testing parameters listed in their report, as received by staff on September 17, indiçated that the library remains free of unacceptable levels of mold, and thus less costly and time consuming means of abatement than While air quality was not deemed hazardous, Library staff received training and began the process of inspecting books. By the time we finished inspecting all our materials, we had lost 27,072 books due to mold concerns or water damage, costingthe lbranys515,8342ths leaves Library and other City staff took steps hire contracted services to abate the known issues at the library. Mr. Halsema will discuss recommendations fori future expenditures as a separate agenda Through a commendable effort to reopen limited services to the public, Shea Harp and her staff developed the "Library Lab" concept and opened for limited services in City Hall on November The Library is asking for help from the community to help us restock the library, continue to support our programs, and keep our accreditation through the State. Friends of the Library, and the Cities of Mart, Waco, Lampasas, and others have begun assisting with our efforts to replace would otherwise be required for "black mold" are acceptable. us with 10,784 books in our collection. item int this Council Meeting. 5th. lost materials. The work continues. 1 P101 Next Steps: The most important message for Council and the public is that the City continues provide library services, and that all current library staff remain employed during this time of recovery. We are working as a whole team to rehabilitate and renovate the library building while continuing to We are happy to report that our community has already shown great support for our materials replacement goals. Just last week, our local HEB store reached out to its corporate leadership and provided us with a generous donation of $50,000 to use towards books! Wei thank them for serve the public, as well as re-stocking the lost materials. helping make a great start! GD Financial Impact: discussion in separate Agenda Item during this meeting. Staff Recommendation: Staff recommends moving this open meeting to an alternate location by approving: ag guided tour of the Library, to be conducted 10 minutes after an approved motion. Motion: Imake a motion to move this open meeting to an alternate location by approving the guided tour of the Library, to be conducted 10 minutes after this motion. 2 P102 Gatesville 3 Spur CapitalorTexas Agenda Item #1 13 CITY COUNCIL MEMORANDUM Date: To: From: December 10, 2024 Mayor & City Council Mike Halsema, Deputy City Manager Agenda Item: Discussion and possible action regarding obligating CLFRF funds by awarding three contracts to GG Construction for Library and City Hall roof improvements. Information: Under the American Rescue Plan Act of 2021, the Coronavirus Local Fiscal Recovery Fund (CLFRF) provides emergency funding for eligible local governments. The City received ai total of $3,078,866.37in CLFRF funds ini two tranches, the last being. June 30, 2022. Recipients must obligate SLFRF: funds by December 31, 2024 through contractual agreements, and expend obligated funds by December 31, 2026. The City has previously obligated $2,605,771.64 of the $3,078,866.37 CLFRF funds for the Lovers Lane and Water Production clarifier rehabilitation projects. Staff is recommending the City obligate the remaining $473,094.73 towards three contracts. All three contracts are with GG construction, the same firm that performed the mold remediation at the library. They were sourced through the TIPs purchasing co-op. The first contract being $311,346.30 for the library rehabilitation. This includes replacing the flooring, repairing and repainting the interior walls, repairing and resealing the entire building envelope, and moving the stored shelving back into place. The second contract is for repairing the roof at City Hall for $99,283.20. This includes the application ofar membrane over the existing roof that has a 20 year warranty. Last, the third contract is for additional rehabilitation at the library in the amount of $19,809.17. Specifically rehabbing the kitchen/ work area countertops and cabinets, and replacing the existing water fountains with bottle fill type fountains. Combined these three contracts total $430,438.67. We have spent $89,024.90 in mold remediation costs, which combined with the three proposed contracts this evening total $519,463.57. Which leaves $46,368.84, ofv which approximately $20,000 ofu unspen/unencumbered ARPA interest funds are proposed to be utilized to closeout out the ARPA accounts. This leaves approximately $26,000 out the Capital Improvement Fund to cover the difference. Financial Impact: Obligation of the remaining $473,094.73 CLFRF funds. Staff Recommendation: Staff recommends that the City Council approve the City Manager to execute 3 contracts, with G2 General Contractors not to exceed $430,438.67 in total for library rehabilitation and roof repair services. P103 Motion: Imake a motion to approve the City Manager to execute 3 contracts with GG General Contractors not to exceed $430,438.67 in total for library rehabilitation and roof repair services. Attachments: Contracts Staff Contacts: Mike Halsema, Deputy City Managermhalsemaegatesilletx.com P104 GG CONTRACTORS RENOVATONCONTRACT THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES AND SHOULD BE READ THOROUGHLY AND UNDERSTOOD PRIOR TO SIGNING. IF YOU HAVE ANY QUESTIONS ABOUT YOUR RIGHTS OR RESPONSIBILTIES UNDER THIS CONTRACT, YOU MAY WISHTO CONSULT. ANATTORNEY. 1. GENERAL INFORMATION. Effective Date: Owner: Mailing Address: Mailing Address: Property: December 11, 2024 City of Gatesville Attn: City Manager, 803 E Main Street, Gatesville, TX 76528 Contractor: GG Contractors d/bla G2 General Contractors ("Contractor") 1600 Redbud Blvd. STE 203 McKinney, Texas 75069 Attn: Mason Kuehl Address: Legal Description: (the "Property") 803 E. Main St. Gatesville, TX 76258 Owner and Contractor agree as follows: 2. DESCRIPTION OF WORK ("Proiect"). Contractor agrees to construct certain improvements and renovations on and to the Property as set forth in Exhibit "A" attached hereto and incorporated herein by this reference (the "Scope of Work") in exchange for the purchase price. Contractor has provided an itemized budget and estimate for the Scope of Work requested by Owner which is included in Exhibit A. This Agreement and its exhibit(s) and any other related plans or schematics are referred to as the "Construction Documents." 3. PURCHASE PRICE AND PAYMENTE PROCEDURES. (a) Consideration. The total amount for the project is estimated at $99,283.20 (b) Contingencies. From time to time, instances may arise during which Contractor must make adjustments to the work in order for the Project to be constructed properly. These adjustments can sometimes cause the work to exceed budget allowances. Contractor will notify Owner and obtain Owner's approval prior to incurring such expenses. Contractor will provide (c) Draw Requests and Progress Payments. Contractor will submit draw requesisprogress payments/budget status every two (2) weeks. Requests will be presented to Owner on or before Tuesday and Owner will pay Contractor on or before Friday of the week submitted. Owner shall pay the draws and progress payments directly to Contractor or Owner inaccordance with the attached budget. A 50% deposit of $49,641.60 (the "Deposit") is required to begin the Project. Owner an accounting of all costs and expenses of the Project upon request. Owner Initials MK Page1of7 P105 shall authorize Contractor to make draw requests on Owner's behalf to Owner's lender for advances under Owner's interim construction financing. Owner remains responsible for paying (d) Final Payment. Upon completion of Contractor's construction obligations and the delivery to and acceptance by Owner of the completed work and Owner and Owner's Lender of the bills-paid affidavit as set forth in Section 53.259, Texas Property Code, Owner shall pay the Consideration to Contractor. Contractor all outstanding sums due. 4. CONSTRUCTION. (a) Commencement and Completion of Construction. Contractor will commence construction as soon as practicable following the Effective Date of this contract and receipt oft the Deposit but in no event later than thirty (30) days after the latter of the Effective Date of this contract and receipt of the Deposit. Contractor will complete the construction no later than April 30, 2025 Contractor will use all commercially reasonable efforts to cause each element of construction to be completed within the construction timeline agreed to between Owner and (b) Conformity with Construction Documents. Construction of the Project may be subject to changes in plans, specifications, materials, fixtures and methods, and substitutions of material with reasonable equivalents. Owner should inquire about any features that Owner wants before signing this Agreement. Figures regarding size, square footage, and other dimensions of the Property, which may have been provided to you, are only estimates; actual construction may (c) Permits. Contractor shall make reasonable efforts to obtain all necessary licenses, permits, and similar authorizations required by any applicable governmental authorities. Contractor shall have no liability for any failure to obtain any such items, in which case either party (d) Control of Construction Site. Owner shall grant Contractor reasonable access to the construction site sO as to complete the Project. This includes access to electricity, water,and other utilities required for the Project. If Owner does not provide sufficient access andContractor cannot work on the Project due to such denial of access, Owner is in breach and Contractor may exercise all remedies provided in this agreement. Owner acknowledges it remains and has full responsibility and control for the preexisting environmental condition of the Property. defects for a period of one (1) year from the date of completion of the Project, and warrants plumbing, electrical, heating, and air-conditioning delivery systems, to the extent applicable, fora period of two (2)years from the date of completion of the Project. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper orinsufficient maintenance, improper operation, or normalwear and tear andi normal usage. THIS EXPRESS WARRANTY CONSTITUTES THE EXCLUSIVE WARRANTY TO BE MADE AVAILABLE BY CONTRACTOR AND IS IN PLACE OF ALL OTHER GUARANTIES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF WORKMANSHIP, MERCHANTABILITY, SUITABILITY AND FITNESS, WHICH ARE ALL HEREBY DISCLAIMED BY CONTRACTORI AND WAIVED BY OWNER. THE PARTIES AGREE THAT THIS EXPRESS WARRANTY AND CONTRACT DOCUMENTS ADEQUATELY SET FORTH THE MANNER, PERFORMANCE, AND QUALITY OF THE CONSTRUCTION OF THE Contractor and to be determined prior to commencement ofwork. vary. may terminate this Agreement without further liability to the other party. 5. WARRANTY Contractor warrants workmanship and materials to be free from Owner Initials MKJ Page 2of7 P106 PROJECT. 6. INSURANCE. Contractor shall maintain at all times during construction under this Agreement adequate insurance as it does during its normal business operations, including Contractor's risk and commercial general liability, and shall provide proof of same upon the request of Owner or Owner's Lender. Owner understands and is advised to obtain its own insurance sufficient to cover any and all losses it deems appropriate during the term of this Agreement. Upon completion of Contractor's construction obligations or possession by Owner, Owner shall obtain appropriate insurance to cover all risk of loss and assumes all risk of loss. 7. DEFAULTAND REMEDIES (a) Default. If Owner defaults in payment or any other obligation contained herein, after written notice has been delivered and a five (5) day opportunity to cure has passed, Contractor shall have the right to the following remedies (i) discontinue work; (ii) bring an action for payment of any amount due; (i) terminate this Agreement; (iv) and pursue any other legal remedy. Contractor may apply all amounts paid by Owner to Contractor's damages, including its loss of profit. Any past due amounts shall be subject to interest at the highest legal amount by state law, beginning on the thirtieth (30th) day after such sums are due after the cure period. Contractor may stop the work upon written notice to Owner, at any time after the written notice is (b) Attorney's Fees. Subject to the limitations stated above, the prevailing party in a dispute that is resolved through arbitration (whether before or after Closing) is entitled to recover its reasonable attorneys' fees, arbitration fees, costs and other related expenses ("legal provided by Contractor. All remedies provided to Contractor are cumulative. expenses") actually incurred. 8. MEDIATIONAND BINDING ARBITRATION. (a) ITIS THE POLICY OF THE STATE OF TEXAS TO ENCOURAGE THE PEACEABLE RESOLUTION OF DISPUTES THROUGH ALTERNAIVEDSPVIE RESOLUTION PROCEDURES. THE PARTIES TO THIS AGREEMENT SPECIFICALLY AGREE THAT THIS TRANSACTION INVOLVES INTERSTATE COMMERCE AND THAT ANY DISPUTE (WHETHER CONTRACT, WARRANTY, TORT, STATUTORY OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, (A) ANY AND ALL CONTROVERSIES, DISPUTES OR CLAIMS ARISING UNDER, OR RELATING TO, THIS AGREEMENT, AND ANY AMENDMENTS THERETO, THE PROPERTY, THE RESIDENCE, OR ANY DEALINGS BETWEEN THE PARTIES, (B) ANY CONTROVERSY, DISPUTE OR CLAIM ARISING BY VIRTUE OF ANY REPRESENTATIONS, OMISSIONS, PROMISES OR WARRANTIES ALLEGED TO HAVE BEEN MADE BY EITHER PARTY OR THEIR REPRESENTATIVE: AND (C) ANY PERSONAL INJURY OR PROPERTY DAMAGE ALLEGED TO HAVE BEEN SUSTAINED BY ANY PARTY ON THE PROPERTY OR IN THE APPLICABLE SUBDIVISION SHALL FIRST BE SUBMITTEDTOMEDIATION. AND, IFI NOTS SETTLED DURING MEDIATION, SHALL THEREAFTER BE SUBMITTED TO BINDING ARBITRATION AS PROVIDED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. SS 1 ET SEQ.) OR, IF APPLICABLE, BY SIMILAR STATE STATUTE, AND NOT BY OR IN A COURT OF LAW.ALL DECISIONS RESPECTING THE ARBITRABILITYOF, ANY DISPUTE SHALL BE DECIDED BY THE ARBITRATOR. IN NO EVENT SHALL OWNER BE INITIALLY REQUIRED TO PAY ARBITRATION COSTS AND FEES IN EXCESS OF THOSE THAT WOULD HAVE BEEN INCURRED IN FILING SUIT INA COURT OF LAW AND EFFECTING SERVICE OF PROCESS. THE ARBITRATOR MAY AWARD' TO THE PREVAILING PARTY, IF ANY,AS DETERMINED Owner Initials MK, Page 3of7 P107 BY THE ARBITRATOR, ALL OR ANY PORTION OF ITS COSTS AND FEES. "COSTS AND FEES" MAY INCLUDE REASONABLE EXPENSES OF MEDIATION AND/OR ARBITRATION, INCLUDING ARBITRATOR'S FEES, ADMINISTRATIVE FEES, TRAVEL EXPENSES AND OUT-OF-POCKET EXPENSES SUCH AS COPYING AND TELEPHONE, COURT COSTS, (b) ANY AND ALL MEDIATIONS COMMENCED BY ANY OF THE PARTIES TO THIS AGREEMENT SHALL BE FILED WITH AND ADMINISTERED BY THE AMERICAN ARBITRATIONASSOCIATIONORANYSUCCESSOR THERETOPAA87.INACCORDANCE WITH THE AAA'S HOME CONSTRUCTION MEDIATION PROCEDURES IN EFFECT ON THE DATE OF THE REQUEST. IF THERE ARE NO HOME CONSTRUCTION MEDIATION PROCEDURES CURRENTLY IN EFFECT, THEN THE AAA'S CONSTRUCTION INDUSTRY MEDIATION RULES IN EFFECT ON THE DATE OF SUCH REQUEST SHALL BE UTILIZED. ANY PARTY RELYING UPON AN EXPERT REPORT OR REPAIR ESTIMATE AT THE MEDIATION SHALL PROVIDE THE MEDIATOR AND THE OTHER PARTIES WITH A COPY OF THE REPORT. IF ONE OR MORE ISSUES DIRECTLY OR INDIRECTLY RELATE TO ALLEGED DEFICIENCIES IN DESIGN, MATERIALS, OR CONSTRUCTION, ALL PARTIES AND THEIR EXPERTS SHALL BE ALLOWED TO INSPECT, DOCUMENT, AND TEST THE ALLEGED DEFICIENCIES PRIOR TO MEDIATION. UNLESS MUTUALLY WAIVED IN WRITING BY ALL THE PARTIES, SUBMISSION TO MEDIATION IS A CONDITION PRECEDENT TOEITHERPARTYI FILING SUIT ORSUBMITTING THISI MATTERTO BINDING (c) IFTHE DISPUTE IS NOT FULLY RESOLVED BY MEDIATION, THE DISPUTE SHALL BE SUBMITTED TO BINDING ARBITRATION THROUGH THE AAA. IN ANY ARBITRATION PROCEEDING BETWEEN THE PARTIES: (A) ALL APPLICABLE FEDERAL AND STATE LAW (INCLUDING CHAPTER 27 OF THE TEXAS PROPERTY CODE) SHALL APPLY; (B) ALL APPLICABLE CLAIMS, CAUSES OF ACTION, REMEDIES AND DEFENSES THAT WOULD BE AVAILABLE IN COURT SHALL APPLY; (C) THE PROCEEDING SHALL BE CONDUCTED BY A SINGLE ARBITRATOR AS SET FORTH HEREIN; (D) THE PARTIES SHALL BE ENTITLED TO CONDUCT REASONABLE AND NECESSARY DISCOVERY AS AGREED OR ALLOWED BY THE ARBITRATOR; (E) THE ARBITRATOR SHALL RENDER A WRITTEN AWARD AND, IF REQUESTED BY ANY PARTY, A REASONED AWARD; (F)THE PARTIES SHALL NOT BE REQUIRED TO PAY ANY UNREASONABLE COSTS OR FEES AND THE ARBITRATOR SHALL HAVE THE RIGHT TO APPORTION COSTS AND FEES IN AN EQUITABLE MANNER IN THE ARBITRATION AWARD; AND (G) ANY AWARD RENDERED IN THE PROCEEDING SHALL BE FINAL. AND BINDING AND JUDGMENT UPON ANY SUCH AWARD MAY BE ENTERED IN ANY COURT HAVINGJURSDICTION. (d) THE PARTIES AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE RIGHTS AND OBLIGATIONS SET FORTH IN THIS MEDIATION- ARBITRATION AGREEMENT SHALL SURVIVE (1) THE TERMINATION OF THIS AGREEMENT BY EITHERPARTY; OR (2) THE DEFAULTOF THIS AGREEMENT BY EITHER PARTY. THE WAIVER OR INVALIDITY OF ANY PORTION OF THIS MEDIATION- ARBITRATION AGREEMENT SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINING PORTIONS OF THIS MEDIATION-ARBITRATION AGREEMENT AND/OR THE AGREEMENT. THE PARTIES FURTHER AGREE (1) THAT ANY DISPUTE INVOLVING CONTRACTORS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL BE RESOLVED AS SET FORTH HEREIN AND NOT IN A COURT OF LAW; AND (2) THAT SUBCONTRACTORS, SUPPLIERS, AND INSURERS MAY BE ADDED AS PARTIES IN ANY WITNESS FEES AND REASONABLE ATTORNEY'S FEES. ARBITRATION. MEDIATION AND ARBITRATION. Owner Initials MK Page 4of7 P108 (e) FANYPARTYTOTHS AGREEMENT FILES AI PROCEEDING IN ANY COURT TO RESOLVE ANY SUCH CONTROVERSY, DISPUTE OR CLAIM, SUCH ACTION SHALL NOT CONSTITUTE A WAIVER OF THE RIGHT OF SUCH PARTY OR A BARTO THE RIGHT OF ANY OTHER PARTY TO SEEK ARBITRATION OF THAT OR ANY OTHER CLAIM, DISPUTE OR CONTROVERSY, AND THE COURT SHALL, UPON MOTION OF ANY PARTY TO THE PROCEEDING, DIRECT THAT SUCH CONTROVERSY, DISPUTE OR CLAIM BE ARBITRATED IN ACCORDANCE HEREWITH. BECAUSE ASTHIS AGREEMENT PROVIDES FOR MANDATORY ARBITRATION OF DISPUTES, IF ANY PARTY COMMENCES LITIGATION IN VIOLATION OF THIS AGREEMENT, SUCH PARTY SHALL REIMBURSE THE OTHER PARTIES TO THE LITIGATION FOR THEIR COSTS AND EXPENSES INCLUDING ATTORNEYS' FEES INCURRED IN SEEKING ABATEMENT OF SUCH LITIGATION AND demands and causes of action against each other and on behalf of their respective insurers to the extent that damages, costs, or repairs are covered and actually paid under any insurance policy or warranty program, or paid by any other third party that could claim subrogation rights 10. SERVICE OFNOTICES All notices under this contract must be in writing and sent by personal delivery, overnight mail, or certified mail (return receipt requested) to Owner or Contractor at the addresses indicated in Section 1. Notices served by personal delivery and overnight mail are deemed received upon delivery. Notices sent by certified mail are deemed ENFORCEMENT OF ARBITRATION. 9. WAIVER OF SUBROGATION. Owner and Contractor waive any and all claims, against Owner or Contractor. received three days after mailing. 11. MISCELLANEOUS (a) Governing Law. The Contract is to be governed by the laws of the State ofTexas. (b) Assignmen/Construcion Financing. No party may assign any rights or obligations under the Agreement (other than to a lender advancing payment of all or part of the Purchase Price) without the prior written consent of the other party. This Agreement is binding on and inures to the benefit of Contractor and Owner, and their respective heirs, executors, administrators, successors, and permitted assigns. In the event that Lender-generated documents contain provisions that are inconsistent with any terms of this Agreement or impose obligations on Contractor which are not expressly stated in this Agreement (e.g. retainage, lien waivers, draw requirements), such provisions in the Lender-generated documents shall not be binding on Contractor. This Agreement controls the relationship between Owner and Contractor and the terms of payment. (c) Time of the Essence. Owner acknowledges that time is of the essence in (d) Severability, If any provision of this Agreement is deemed or declared invalid or unenforceable by an arbitration or court of competent jurisdiction, the remaining provisions shall not be affected. Ifreformation is permitted under applicable law, such provision shall be reformed only to the extent necessary to make it enforceable, and enforced as ifith had been in its reformed (e) Entire Agreement. OWNER CERTIFIES THAT OWNER HAS READ EVERY PROVISION OF THIS AGREEMENT, WHICH INCLUDES EACH EXHIBIT, RIDER, AND connection with the transactions contemplated under this Agreement. state when entered into. Owner Initials MK. Page 5of7 P109 ADDENDUM ATTACHED HERETO, AND THAT THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN OWNER AND CONTRACTOR. PRIOR AGREEMENTS, REPRESENTATIONS. UNDERSTANDINGS, AND ORAL STATEMENTS NOT REFLECTED IN THIS AGREEMENT HAVE NO EFFECTAND ARE NOT BINDINGON CONTRACTOR. OWNER ACKNOWLEDGES THAT OWNER HAS NOT RELIED ON ANY REPRESENTATIONS, WARRANTIES, STATEMENTS, OR ESTIMATES OF ANY NATURE WHATSOEVER, WHETHER WRITTEN OR ORAL, MADE BY CONTRACTOR, SALES PERSONS, AGENTS, OFFICERS, EMPLOYEES, OR OTHERWISE EXCEPT AS HEREIN SPECIFICALLY REPRESENTED. OWNER HAS BASED THE DECISION TO ENTER INTO THIS AGREEMENT FOR COMPLETION OF THE PROJECT BASED ON PERSONAL INVESTIGATION, OBSERVATION, AND THE DOCUMENTS. (f) Modification. This agreement may only be amended by written agreement signed (g) Counterparts and Signatures. This Agreement may be executed in any numberof counterparts, each of which shall be deemed to be an original and all of which together shall 12. ATTACHMENTS. This Agreement contains and incorporates the following exhibits and attachments and Purchaser acknowledges receipt prior to signing the Agreement. [Mark by all parties. comprise but a single instrument. applicable documents): x Exhibit A: Scope of Work/ Approved Estimate Insurance This contract is subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from a construction defect. Ifyou have a complaint concerning a construction defect and that defect has not been corrected as may be required by law or by contract, you must provide the notice required by Chapter 27 of the Texas Property Code to the contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitration. The notice must refer to Chapter 27 of the Texas Property Code and must describe the construction defect. If requested by the contractor, you must provide the contractor an opportunity to inspect and cure the defect as provided by Section 27.004 of the Texas Property Code. [Signature page follows] Owner Initials MK Page 6of7 P110 Executed as of the Effective Date set forth above. OWNER: Home Phone Number: Work Number: Cell Number: Email: CONTRACTOR: GG Contractors d/bla G2 General Contractors By: Mh Name: Mason Kuehl Title: Executive Director Contractor's Street Address: 1600 Redbud Blvd. STE 203 McKinney, Texas 75069 Owner Initials MK Page 70f7 P111 EXHIBIT A (Attached) SCOPE OF WORKITEMIZED BUDGETISCHEDULE P112 G2 General Contractors Mckimney,TX75069 972-569-7013 Client: City ofGatesville City Hall Roof Property: 8031 EMain St Operator: AUSTINM Estimator: Garette Griffin Position: Project Manager Company: G2 General Contractors Business: 16001 Redbud! Blvd Ste 200 82 16001 Redbud Blvd Ste 200 Gatesville, TX 76528 Business: (903),209-8814 E-mail: artg@gmerlontnden .com Mckinney, TX75069 Type of Estimate: Date Entered: 11/21/2024 Price List: TXWA8X NOV24 Labor Efficiency: Kesontbaervise-Remadel Estimate: GAISVIECIALL Date Assigned: TIPS#211001 P113 G2 General Contractors McKinney, TX75069 972-569-7013 2 1600. Redbud Blvd Ste 200 CATSVIIRCIALL CATSVIIECIALL DESCRIPTION 1. Commercial Supervision /Project Management- per hour add $3568.80 2. Roofing (Bid) Item) 3.Taxes, insurance, permits & fees (Bid Item) Insurance requirements Total: GATSVIIECIHALL Linel Item Totals: ATSVIR.CIHALL QUANTITY UNIT PRICE 0.00HR TAX 0.00 O&P 0.00 RCV DEPREC. 0.00 ACV 0.00 74.35 (0.00) No additional chargei for commercial supervision ifp project is ran congruently with the library project. Ifproject is approve at different times please Description: 105 squares of clean existing roofs system with environmentally friendly cleanser, apply fluid applied protective roof membrane to edge 1.00EA 81,845.00 1.00EA 0.00 16,369.00 98,214.00 (0.00) 98,214.00 (0.00) 1,069.20 0.00 99,283.20 0.00 99,283.20 metals, flashings curbs, walls, parapets, and: roof field for a watertight roof system includes 15% waste: factor 891.00 0.00 178.20 1,069.20 0.00 16,547.20 99,283.20 0.00 16,547.20 99,283.20 GATESVIIECITHALL 11/21/2024 Page: 2 P114 G2 General Contractors McKinney, TX75069 972-569-7013 2 16001 Redbud Blvd Ste. 200 Summary Line Item Total Overhead Profit Replacement Cost Value Net Claim 82,736.00 8,273.60 8,273.60 $99,283.20 $99,283.20 Garette Griffin Project Manager GAISVIECICHALL 11/21/2024 Page: 3 P115 G2 General Contractors McKinney, TX75069 972-569-7013 #2 16001 Redbud Blvd Ste 200 Recap ofTaxes, Overhead and Profit Overhead (10%) 8,273.60 8,273.60 Profit( (10%) 8,273.60 8,273.60 Line Items Total GATSVILIECISHALL 11/21/2024 Page: 4 P116 G2 General Contractors McKinney, TX75069 972-569-7013 #2 16001 Redbud Blvd Ste 200 Recap by Room Estimate: GAISVIRCIHALL 82,736.00 82,736.00 82,736.00 100.00% 100.00% 100.00% Subtotal of Areas Total GAISVIIECIHALL 11/21/2024 Page: 5 P117 G2 General Contractors McKinney, TX75069 972-569-7013 2 16001 Redbud Blvd Ste 200 Recap by Category 0&P Items PERMITS ANDI FEES ROOFING 0&P Items Subtotal Overhead Profit Total Total 891.00 81,845.00 82,736.00 8,273.60 8,273.60 99,283.20 % 0.90% 82.44% 83.33% 8.33% 8.33% 100.00% GATESVILECITYHALL 11/21/2024 Page: 6 P118 P119 P120 GG CONTRACTORS RENOVAIONCONIRACT THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES AND SHOULD BE READ THOROUGHLY AND UNDERSTOOD PRIOR TO SIGNING. IF YOU HAVE ANY QUESTIONS ABOUT YOUR RIGHTS OR RESPONSIBILTIES UNDER THIS CONTRACT, YOU MAY WISH TO CONSULT AN ATTORNEY. 1. GENERALNEORMAION Effective Date: Owner: Mailing Address: Mailing Address: Property: December 11, 2024 City of Gatesville Attn: City Manager, 803 E Main Street, Gatesville, TX 76528 Contractor: GG Contractors d/bla G2 General Contractors ("Contractor") 1600 Redbud Blvd. STE203 McKinney, Texas 75069 Attn: Mason Kuehl Address: Legal Description: (the "Property") 111 N. 8th St. Gatesville, TX Owner and Contractor agree as follows: 2. PESCRIPTION. OF WORK ("Proiect"). Contractor agrees to construct certain improvements and renovations on and to the Property as set forth on Exhibit A attached hereto and incorporated herein by this reference in exchange for the purchase price ("Scope of Work"). Contractor has provided an itemized budget and estimate for the Scope of Work which is also included in Exhibit A. This Renovation Contract, and its exhibit(s) and any related plans or schematics are referred to as the Construction Documents." 3. PURCHASE PRICE ANDPAYMENT PROCEDURES. (a) Consideration. The total amount for the project is estimated at (b) Contingencies. From time to time, instances may arise during which Contractor must make adjustments to the work in order for the Project to be constructed properly. These adjustments can sometimes cause the work to exceed budget allowances. Contractor will notify Owner and obtain Owner's approval prior to incurring such expenses. Contractor will provide (c) Draw Requests and Progress Payments. Contractor will submit draw requests/progress payments/budget status every two (2) weeks. Requests will be presented to Owner on or before Tuesday and Owner will pay Contractor on or before Friday of the week submitted. Owner shall pay the draws and progress payments directly to Contractor or Owner $311,346.30 in accordance with the attached budget. A 50% deposit of $155,673.15 (the "Deposit") is required to begin the Project. Owner an accounting of all costs and expenses oft the Project upon request. Owner Initials MKV Page 1of7 P121 shall authorize Contractor to make draw requests on Owner's behalf to Owner's lender for advances under Owner's interim construction financing. Owner remains responsible for paying (d) Final Payment. Upon completion of Contractor's construction obligations and the delivery to and acceptance by Owner of the completed work and Owner and Owner's Lender of the bills-paid affidavit as set forth in Section 53.259, Texas Property Code, Owner shall pay the Consideration to Contractor. Contractor all outstanding sums due. 4. CONSTRUCTION. (a) Commencement and Completion of Construction. Contractor will commence construction as soon as practicable following the Effective Date of this contract and receipt of the Deposit but in no event later than thirty (30) days after the latter of the Effective Date of this contract and receipt of the Deposit. Contractor will complete the construction no later than April 30,2025 Contractor will use all commercially reasonable efforts to cause each element of construction to be completed within the construction timeline agreed to between Owner (b) Conformity with Construction Documents. Construction of the Project may be subject to changes in plans, specifications, materials, fixtures and methods, and substitutions of material with reasonable equivalents. Owner should inquire about any features that Owner wants before signing this Agreement. Figures regarding size, square footage, and other dimensions of the Property, which may have been provided to you, are only estimates; actual construction may (c) Permits. Contractor shall make reasonable efforts to obtain all necessary licenses, permits, and similar authorizations required by any applicable governmental authorities. Contractor shall have no liability for any failure to obtain any such items, in which case either party (d) Control of Construction Site. Owner shall grant Contractor reasonable access to the construction site sO as to complete the Project. This includes access to electricity, water,and other utilities required for the Project. If Owner does not provide sufficient access andContractor cannot work on the Project due to such denial of access, Owner is in breach and Contractor may exercise all remedies provided in this agreement. Owner acknowledges it remains and has full responsibility and control for the preexisting environmental condition of the Property. defects for a period of one (1) year from the date of completion of the Project, and warrants plumbing, electrical, heating, and air-conditioning delivery systems, tot the extent applicable, for a period of two (2) years from the date of completion oft the Project. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. THIS EXPRESS WARRANTY CONSTITUTES THE EXCLUSIVE WARRANTY TO BE MADE AVAILABLE BY CONTRACTOR AND IS IN PLACE OF ALL OTHER GUARANTIES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF WORKMANSHIP, MERCHANTABILITY, SUITABILITY AND FITNESS, WHICH ARE ALL HEREBY DISCLAIMED BY CONTRACTOR AND WAIVED BY OWNER. THE PARTIES AGREE THAT THIS EXPRESS WARRANTY AND CONTRACT DOCUMENTS ADEQUATELY SET FORTH THE MANNER, PERFORMANCE, AND QUALITY OF THE CONSTRUCTION OF THE and Contractor and to be determined prior to commencement of work. vary. may terminate this Agreement without further liability to the other party. 5. WARRANTY Contractor warrants workmanship and materials to be free from Owner Initials MKy Page 2of7 P122 PROJECT. 6. INSURANCE. Contractor shall maintain at all times during construction under this Agreement adequate insurance as it does during its normal business operations, including Contractor's risk and commercial general liability, and shall provide proof of same upon the request of Owner or Owner's Lender. Owner understands and is advised to obtain its own insurance sufficient to cover any and all losses it deems appropriate during the term of this Agreement. Upon completion of Contractor's construction obligations or possession by Owner, Owner shall obtain appropriate insurance to cover all risk of loss and assumes all risk ofl loss. 7. DEFAULTANDREMEDES (a) Default. If Owner defaults in payment or any other obligation contained herein, after written notice has been delivered and a five (5) day opportunity to cure has passed, Contractor shall have the right to the following remedies () discontinue work; () bring an action for payment of any amount due; (ii) terminate this Agreement; (iv) and pursue any other legal remedy. Contractor may apply all amounts paid by Owner to Contractor's damages, including its loss of profit. Any past due amounts shall be subject to interest at the highest legal amount by state law, beginning on the thirtieth (30") day after such sums are due after the cure period. Contractor may stop the work upon written notice to Owner, at any time after the written notice is (b) Attorney's Fees. Subject to the limitations stated above, the prevailing party in a dispute that is resolved through arbitration (whether before or after Closing) is entitled to recover its reasonable attorneys' fees, arbitration fees, costs and other related expenses ("legal provided by Contractor. All remedies provided to Contractor are cumulative. expenses") actually incurred. 8. MEDIATION AND BINDING ARBITRATION. (a) IT IS THE POLICY OF THE STATE OF TEXAS TO ENCOURAGE THE PEACEABLE RESOLUTION OF DISPUTES THROUGH ALTERMAIVEDSPUTE: RESOLUTION PROCEDURES. THE PARTIES TO THIS AGREEMENT SPECIFICALLY AGREE THAT THIS TRANSACTION INVOLVES INTERSTATE COMMERCE AND THAT ANY DISPUTE (WHETHER CONTRACT, WARRANTY, TORT, STATUTORY OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, (A) ANY AND ALL CONTROVERSIES, DISPUTES OR CLAIMS ARISING UNDER, OR RELATING TO, THIS AGREEMENT, AND ANY AMENDMENTS THERETO, THE PROPERTY, THE RESIDENCE, OR ANY DEALINGS BETWEEN THE PARTIES, (B) ANY CONTROVERSY, DISPUTE OR CLAIM ARISING BY VIRTUE OF ANY REPRESENTATIONS, OMISSIONS, PROMISES OR WARRANTIES ALLEGED TOHAVE BEEN MADE BY EITHER PARTY OR THEIR REPRESENTATIVE: AND (C) ANY PERSONAL INJURY OR PROPERTY DAMAGE ALLEGED TO HAVE BEEN SUSTAINED BY ANY PARTY ON THE PROPERTY OR IN THE APPLICABLE SUBDIVISION SHALL FIRST BE SUBMITTED TO MEDIATION/ AND, IFI NOT SETTLED DURING MEDIATION, SHALL THEREAFTER BE SUBMITTED TO BINDING ARBITRATION AS PROVIDED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. SS 1 ET SEQ.) OR, IF APPLICABLE, BY SIMILAR STATE STATUTE, AND NOT BY OR IN A COURT OF LAW. ALL DECISIONS RESPECTING THE ARBITRABILITY OF ANY DISPUTE SHALL BE DECIDED BY THE ARBITRATOR. IN NO EVENT SHALL OWNER BE INITIALLY REQUIRED TO PAY ARBITRATION COSTS AND FEES IN EXCESS OF THOSE THAT WOULD HAVE BEEN INCURRED IN FILING SUIT IN A COURT OF LAW AND EFFECTING SERVICE OF PROCESS. THE ARBITRATOR MAY AWARDTO THE PREVAILING PARTY,IF ANY, AS DETERMINED Owner Initials MK Page3of7 P123 BY THE ARBITRATOR, ALL OR ANY PORTION OF ITS COSTS AND FEES. "COSTS AND FEES" MAY INCLUDE REASONABLE EXPENSES OF MEDIATION AND/OR ARBITRATION, INCLUDING ARBITRATOR'S FEES, ADMINISTRATIVE FEES, TRAVEL EXPENSES AND OUT-OF-POCKET EXPENSES SUCH AS COPYING AND TELEPHONE, COURT COSTS, (b) ANY AND ALL MEDIATIONS COMMENCED BY ANY OF THE PARTIES TO THIS AGREEMENT SHALL BE FILED WITH AND ADMINISTERED BY THE AMERICAN ARBITRATION. ASSOCIATIONOR. ANY SUCCESSORTHERETO: ra447,.ACORDANCE WITHT THE AAA'S HOME CONSTRUCTION MEDIATION PROCEDURES IN EFFECT ON THE DATE OF THE REQUEST. IF THERE ARE NO HOME CONSTRUCTION MEDIATION PROCEDURES CURRENTLY IN EFFECT, THEN THE AAA'S CONSTRUCTION INDUSTRY MEDIATION RULES IN EFFECT ON THE DATE OF SUCH REQUEST SHALL BE UTILIZED. ANY PARTY RELYING UPON AN EXPERT REPORT OR REPAIR ESTIMATE AT THE MEDIATION SHALL PROVIDE THE MEDIATOR AND THE OTHER PARTIES WITH A COPY OF THE REPORT. IF ONE OR MORE ISSUES DIRECTLY OR INDIRECTLY RELATE TO ALLEGED DEFICIENCIES IN DESIGN, MATERIALS, OR CONSTRUCTION, ALL PARTIES AND THEIR EXPERTS SHALL BE ALLOWED TO INSPECT, DOCUMENT, AND TEST THE ALLEGED DEFICIENCIES PRIOR TO MEDIATION. UNLESS MUTUALLY WAIVED IN WRITING BY ALL THE PARTIES, SUBMISSION TO MEDIATION IS A CONDITION PRECEDENT TO EITHER PARTY FILING SUIT OR SUBMITTING THIS MATTERTO BINDING (c) IF1 THE DISPUTE IS NOT FULLY RESOLVED BY MEDIATION, THE DISPUTE SHALL BE SUBMITTED TO BINDING ARBITRATION THROUGH THE AAA. IN ANY ARBITRATION PROCEEDING BETWEEN THE PARTIES: (A) ALL APPLICABLE FEDERAL AND STATE LAW (INCLUDING CHAPTER 27 OF THE TEXAS PROPERTY CODE) SHALL APPLY; (B) ALL APPLICABLE CLAIMS, CAUSES OF ACTION, REMEDIES AND DEFENSES THAT WOULD BE AVAILABLE IN COURT SHALL APPLY; (C) THE PROCEEDING SHALL BE CONDUCTED BY A SINGLE ARBITRATOR AS SET FORTH HEREIN; (D) THE PARTIES SHALL BE ENTITLED TO CONDUCT REASONABLE AND NECESSARY DISCOVERY AS AGREED OR ALLOWED BY THE ARBITRATOR; (E) THE ARBITRATOR SHALL RENDER A WRITTEN AWARD AND, IF REQUESTED BY ANY PARTY, A REASONED AWARD; (F) THE PARTIES SHALL NOT BE REQUIRED TO PAY ANY UNREASONABLE COSTS OR FEES AND THE ARBITRATOR SHALL HAVE THE RIGHT TO APPORTION COSTS AND FEES IN AN EQUITABLE MANNER IN THE ARBITRATION AWARD; AND (G) ANY AWARD RENDERED IN" THE PROCEEDING SHALL BE FINAL ANDI BINDING AND. JUDGMENT UPON ANY SUCHI AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. (d) THE PARTIES AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE RIGHTS AND OBLIGATIONS SET FORTH IN THIS MEDIATION- ARBITRATION AGREEMENT SHALL SURVIVE (1) THE TERMINATION OF THIS AGREEMENT BY ETRERPARTEORETHE DEFAULTOF THIS AGREEMENT BY EITHER PARTY. THE WAIVER OR INVALIDITY OF ANY PORTION OF THIS MEDIATION- ARBITRATION AGREEMENT SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINING PORTIONS OF THIS MEDIATION-ARBITRATION AGREEMENT AND/OR THE AGREEMENT. THE PARTIES FURTHER AGREE (1) THAT ANY DISPUTE INVOLVING CONTRACTORS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL BE RESOLVED AS SET FORTH HEREIN AND NOT IN A COURT OF LAW; AND (2) THAT SUBCONTRACTORS, SUPPLIERS, AND INSURERS MAY BE ADDED AS PARTIES IN ANY WITNESS FEES AND REASONABLE ATTORNEY'S FEES. ARBITRATION. MEDIATION AND ARBITRATION. Owner Initials MK Page4of7 P124 (e). IFANYPARTY' TO THIS AGREEMENT FILES AI PROCEEDING IN ANY COURT TO RESOLVE ANY SUCH CONTROVERSY, DISPUTE OR CLAIM, SUCH ACTION SHALL NOT CONSTITUTE A WAIVER OF THE RIGHT OF SUCH PARTY OR A BARTO' THE RIGHT OF ANY OTHER PARTY TO SEEK ARBITRATION OF THAT OR ANY OTHER CLAIM, DISPUTE OR CONTROVERSY, AND THE COURT SHALL, UPON MOTION OF ANY PARTY TO THE PROCEEDING, DIRECT THAT SUCH CONTROVERSY, DISPUTE OR CLAIM BE ARBITRATED IN ACCORDANCE HEREWITH. BECAUSE ASTHIS, AGREEMENT PROVIDES FOR MANDATORY ARBITRATION OF DISPUTES, IF ANY PARTY COMMENCES LITIGATIONI IN VIOLATION OF THIS AGREEMENT, SUCH PARTY SHALL REIMBURSE THE OTHER PARTIES TO THE LITIGATION FOR THEIR COSTS AND EXPENSES INCLUDING ATTORNEYS' FEES INCURRED IN SEEKING ABATEMENT OF SUCH LITIGATION AND demands and causes of action against each other and on behalf of their respective insurers to the extent that damages, costs, or repairs are covered and actually paid under any insurance policy or warranty program, or paid by any other third party that could claim subrogation rights 10. SERVICEOFI NOTICES. All notices under this contract must bei in writing and sent by personal delivery, overnight mail, or certified mail (return receipt requested) to Owner or Contractor at the addresses indicated in Section 1. Notices served by personal delivery and overnight mail are deemed received upon delivery. Notices sent by certified mail are deemed ENFORCEMENT OF ARBITRATION. 9. WAIVER OF SUBROGATION. Owner and Contractor waive any and all claims, against Owner or Contractor. received three days after mailing. 11. MISCELLANEOUS (a) Governing Law. The Contract is to be governed by the laws of the State ofTexas. (b) Assgnmen/Consrnucion Financing. No party may assign any rights or obligations under the Agreement (other than to a lender advancing payment of all or part of the Purchase Price) without the prior written consent of the other party. This Agreement is binding on and inures to_the benefit of Contractor and Owner, and their respective heirs, executors, administrators, successors, and permitted assigns. In the event that Lender-generated documents contain provisions that are inconsistent with any terms of this Agreement or impose obligations on Contractor which are not expressly stated in this Agreement (e.g. retainage, lien waivers, draw requirements), such provisions in the Lender-generated documents shall not be binding on Contractor. This Agreement controls the relationship between Owner and Contractor and the (c) Time of the Essence. Owner acknowledges that time is of the essence in (d) Severability. If any provision of this Agreement is deemed or declared invalid or unenforceable by an arbitration or court of competent jurisdiction, the remaining provisions shall not be affected. Ifreformation is permitted under applicable law, such provision shall be reformed only to the extent necessary to make it enforceable, and enforced as ifit had been in its reformed (e) Entire Agreement. OWNER CERTIFIES THAT OWNER HAS READ EVERY PROVISION OF THIS AGREEMENT, WHICH INCLUDES EACH EXHIBIT, RIDER, AND terms of payment. connection with the transactions contemplated under this Agreement. state when entered into. Owner Initials MK, Page 5of7 P125 ADDENDUM ATTACHED HERETO, AND THAT THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN OWNER AND CONTRACTOR. PRIOR AGREEMENTS, REPRESENTATIONS, UNDERSTANDINGS, AND ORAL STATEMENTS NOT REFLECTED IN THIS AGREEMENT HAVENO EFFECT AND. ARE NOT BINDING ONC CONTRACTOR. OWNER ACKNOWLEDGES THAT OWNER HAS NOT RELIED ON ANY REPRESENTATIONS, WARRANTIES, STATEMENTS, OR ESTIMATES OF ANY NATURE WHATSOEVER, WHETHER WRITTEN OR ORAL, MADE BY CONTRACTOR, SALES PERSONS, AGENTS, OFFICERS, EMPLOYEES, OR OTHERWISE EXCEPT AS HEREIN SPECIFICALLY REPRESENTED. OWNER HAS BASED THE DECISION TO ENTER INTO THIS AGREEMENT FOR COMPLETION OF THE PROJECT BASED ON PERSONAL INVESTIGATION, OBSERVATION, AND THE DOCUMENTS. () Modification. This agreement may only be amended by written agreement signed (g) Counterparts and Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall 12. ATTACHMENTS. This Agreement contains andi incorporates the following exhibits and attachments and Purchaser acknowledges receipt prior to signing the Agreement. [Mark by all parties. comprise but a single instrument. applicable documents): Exhibit A: Scope of Work! Approved Estimate Insurance This contract is subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from a construction defect. Ifyou have a complaint concerning a construction defect and that defect has not been corrected as may be required by law or by contract, you must provide the notice required by Chapter 27 of the Texas Property Code to the contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitration. The notice must refer to Chapter 27 of the Texas Property Code and must describe the construction defect. If requested by the contractor, you must provide the contractor an opportunity to inspect and cure the defect as provided by 13. Texas Public Entity Required Certifications. Because Contractor is contracting with a Texas public entity, to the extent applicable to this transaction, Contractor certifies A. Certification Regarding Prohibition of Certain Terrorist Organizations (Tex. Gov. Code 2270). Contractor certifies that Contractor is not a company identified on the Texas Comptroller's list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by Section 27.004 of the Texas Property Code. the following: the U.S. Secretary of State. Owner Initials MK, Page 6of7 P126 B. Certification Regarding Prohibition of Boycotting Israel (Tex. Gov. Code 2271). Contractor certifies, where applicable, that neither the Contractor, nor any affiliate, subsidiary, or parent company of Contractor, ifany, boycotts Israel, and Contractor agrees that Contractor and Contractor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term "boycot!" shall mean and include refusing to dealwith, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli- controlled territory but C. Certification Regarding Prohibition of Contracts with Certain Foreign-Owned Companies (Tex. Gov. Code 2274). Certain public entities are prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant Contractor direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by a customer for product warranty and support purposes. Contractor certifies that neither it nor its parent company nor any affiliate of Contractor or its parent company, is (1) owned by or the majority of stock or other ownership interest oft the company is held or controlled byi individuals who are citizens of China, Iran; North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this certification, "critical infrastructure" means "a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility." Contractor certifies that Contractor will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated D. Certification Regarding Prohibition of Discrimination Against Firearm and Ammunition Industries (Tex. Gov. Code 2274). Contractor certifies that Contractor, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, ordirective that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. For purposes of this Agreement, "discriminate against a firearm entity or firearm trade association" shall mean, with respect to the entity or association, to: "(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade does not include an action made for ordinary business purposes. country, as determined by the Governor. Owner Initials MK Page7of7 P127 association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association." Discrimination against a firearm entity or firearm trade association" does not include: "(1) the established policies of a merchant, retail Contractor, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations ora directive byaregulatory agency, orf for any traditionalbusiness reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association." E. Certification Regarding Termination of Contract for Non-Compliance (Tex. Gov. Code 552.374). Pursuant to Chapter 552 of the Texas Government Code, Contractor certifies that Contractor shall: (1) preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to Buyer for the duration of the Agreement; (2) promptly provide to Buyer any contracting information related to the Agreement that is in the custody or possession of Contractor on request of Buyer; and (3) on completion oft the Agreement, either (a) provide at no cost to Buyer all contracting information related to the Agreement that is in the custody or possession of Contractor, or (b) preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to Buyer. F. Certification Regarding Prohibition of Boycotting Certain Energy Companies (Tex. Gov. Code 2274). Contractor certifies that Contractor, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate oft these entities or business associations, ifany, do not boycott energy companies and will not boycott energy companies during the term of the Agreement or any applicable Supplemental Agreement. For purposes of this certification the term "company" shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make aprofit. The term "boycott energy company" shall mean "without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a)." (See G. Contractor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Buyer. The failure to enforce, or any delay in the enforcement, ofany privileges, rights, defenses, remedies, or immunities available to Buyer under this Agreement or under Tex. Gov. Code 809.001). Owner Initials MKV Page8of7 P128 applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. [Signature page follows) Owner Initials MKV Page9of7 P129 Executed as of the Effective Date set forth above. OWNER: Home Phone Number: Work Number: Cell Number: Email: CONTRACTOR: GG Contractors d/b/a G2 General Contractors By: M Name: Mason Kuehl Title: Executive Director Contractor's Street Address: 1600 Redbud Blvd. STE 203 McKinney, Texas 75069 Owner Initials MKV Page 10of7 P130 EXHIBIT A (Attached) SCOPE OF WORKITEMIZED BUDGETISCHEDULE P131 G2 General Contractors 16001 Redbud Blvd Ste 200 McKinney, TX 75069 972-569-7013 Client: Gatesville PublicLibrary Property: 111N8thST. Gatesville, TX 76528 Operator: AUSTINM Estimator: Marcus Wofford Type of Estimate: Date Entered: 11/6/2024 Pricel List: TXDF8X_AUG24 Labor Efficiency: Kesonsonservise-Remade Estimate: GATESVILLEPL Business: (254)220-4546 Date Assigned: P132 G2 General Contractors 1600 Redbud Blvd Ste 200 McKinney, TX 75069 972-569-7013 42 GATESVILLEPL General Conditions DESCRIPTION **INSURANCE* 1.Taxes, insurance, permits & fees (Bid] Item) This item ist to carry mandatory Commercial Insurance for this job. ***PROJECT: MANAGEMENT"A 2. Commercial Supervision /Project 140.00 HR Management- per hour **HOTEL/PER: DIEM*** 3. Lodging expense (Bidl Item) 4.Perl Diem (Bid Item) ***FUEL*** 5.Fuel surcharge Totals: General Conditions Main Level DESCRIPTION ***DEBRIS REMOVAL*** 8tons of debris ***FINAL CLEAN*** 7.1 Final cleaning- construction- Commercial "PACK-BACK/CONTENTS CLEAN*** 8. Content pack back and clean. ***WINDOW TINTING*** 9. Window Tinting (Bidi Item) Total: Main Level QTY 1.00EA REMOVE REPLACE 0.00 TAX 0.00 O&P 0.00 TOTAL 1,476.00 1,476.00 0.00 81.00 0.00 2,268.00 13,608.00 Thisi item is for commercial supervision and project management throughout the entirety oft thej project. 1.00 EA 1.00EA 1.00EA 0.00 0.00 0.00 Main] Level REMOVE REPLACE 685.93 0.00 0.00 0.00 20,700.00 5,775.00 600.00 0.00 0.00 0.00 0.00 4,140.00 1,155.00 120.00 7,683.00 24,840.00 6,930.00 720.00 47,574.00 This item is for lodging fora a crew of 10 and a superintendent for 3 weeks. This item is for per diem for 10 crew members and a superintendent for 3 weeks. QTY TAX 0.00 0.00 0.00 0.00 0.00 0&P 137.18 521.96 4,864.00 940.00 6,463.14 TOTAL 823.11 3,131.77 29,184.00. 5,640.00 38,778.88 6. Dumpster load- Approx. 40; yards, 7- 1.00 EA 0.00 0.30 24,320.00 4,700.00 8,699.36 SF 1.00EA 1.00EA GATESVILLEPL 11/26/2024 Page: 2 P133 G2 General Contractors 16001 Redbud Blvd Ste 200 McKinney, TX 75069 972-569-7013 Main Library Height: Peaked 2,163.99 SF Walls 3,363.47 SF Walls & Ceiling 124.84 SY Flooring 151.061 LF Ceil. Perimeter 21'X10' 1,199.48 SF Ceiling 1,123.53 SF Floor 21.33LF1 Floor Perimeter Mainibr r Back Room! Missing Wall- Goes tol Floor Opens intol ENTRY_FOYER Subroom: Long (2) Height: Sloped 2,488.32 SF Walls 4,914.55 SF Walls & Ceiling 249.69 SY Flooring 198.391 LF Ceil. Perimeter 52'6"X14' 1,804.71 SF Walls 3,374.93 SF Walls & Ceiling 140.97 SYI Flooring 165.02I LF Ceil. Perimeter 52'6"X14' 6'4"X6'8" 2,426.23 SF Ceiling 2,247.25 SF Floor 139.00LF) Floor Perimeter Missing Wall- Goes tol Floor Opens into MAIN_LIBRARY Subroom: Short(1) Height: Sloped 1,570.22 SF Ceiling 1,268.75 SF Floor 94.67LF Floorl Perimeter Missing Wall- Goes to Floor Missing Wall- Goes tol Floor DESCRIPTION ***DRYWALL" for paint ***PAINT*** coats- -2 colors ceiling over 14'to 20' 13. Paint steel truss system "DOORS/TRIM-- 14. Paint door or window opening -2 GATESVILLEPL Opens intol MAIN_LIBRARY Opens into BACK HALL TAX 0.00 0.00 0.00 0.00 0.00 QTY REMOVE REPLAÇE 0&P 61.94 3,798.86 997.62 1,239.00 43.16 11/26/2024 TOTAL 371.63 22,793.17 5,985.71 7,434.00 258.91 Page:3 10. Drywall patch /small repair, ready 3.00 EA 11. Paint the walls and ceiling two 11,652. SF 12. Additional cost for high wall or 5,195.93SF 0.00 0.00 0.00 0.00 0.00 103.23 1.63 0.96 4.13 43.15 95 1,500.00 SF 5.00EA P134 G2 General Contractors 1600 Redbud Blvd Ste 200 olo Kinne TX 75069, 255.001 LF 0.00 2.35 0.00 119.86 719.11 viny , high 72-56 GATESVILLEPL 11/26/2024 Page: 4 P135 G2 General Contractors McKinney, TX 75069 972-569-7013 B2 16001 Redbud Blvd Ste 200 CONTINUED-Mainl Library REMOVE REPLACE 0.00 0.00 0.00 0.00 0.00 0.00 DESCRIPTION 16. Stain & finish baseboard 17. Sand wood interior **FLOORING"** 18. Floor preparation for resilient flooring 19. Glue down carpet ***FLOOR PROTECTION-A* 20. Floor protection heavy paper and 4,639.53SF tape *MASKING*** 21.Mask wall plastic, paper, tape (perLF) Totals: Main Library QTY 60.00LF 60.00BF 4,639.53SF 4,945.50SF TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0&P 26.04 79.80 603.14 2,433.18 566.02 88.74 10,057,36 TOTAL 156.24 478.80 3,618.83 14,599.11 3,396.13 532.44 60,344.08 Height: Peaked 2.17 6.65 0.65 2.46 0.61 1.74 255.00LF Entry/Foyer H Entry/Foyer 1,941.50 SF Walls 2,375.60 SF Walls & Ceiling 44.72 SY Flooring 84.36] LF Ceil. Perimeter 21'X10' QTY 434.10 SF Ceiling 402.50 SF Floor 59.671 LF Floor Perimeter Missing' Wall- Goes tol Floor DESCRIPTION *DRYWALLN: 22.5/8" drywall- hung, taped, floated, 45.00SF ready for paint ***PAINT*** 23. Paint the walls and ceiling- two 2,375.60SF coats- 2 colors 24. Additional cost for high wall or ceiling over 14'to2 20' -DOORS/TRIM-- 25. Paint door or window opening -2 coats (per side) 26. Cove! base molding rubber or vinyl, 4"H high **-FLOORING"* GATESVILLEPL Opens into MAIN_LIBRARY TAX 0.00 0.00 0,00 0.00 0.00 REMOVE REPLACE 0.00 0.00 0.00 0.00 0.00 O&P 29.62 774.44 83.34 17.26 28.04 TOTAL 177.67 4,646.67 500.08 103.56 168.26 Page: 5 3.29 1.63 0.96 43.15 2.35 434.10SF 2.00EA 59.67LF 11/26/2024 P136 G2 General Contractors 16001 Redlud Blvd Ste 22s0s OSF Mckinney, Tx 75069 972-569-7013 I 0.00 0.65 0.00 52.32 313.95 GATESVILLEPL 11/26/2024 Page: 6 P137 G2 General Contractors McKinney, TX 75069 972-569-7013 B2 16001 Redbud Blvd Ste 200 CONTINUED- Entry/Foyer REMOVE REPLACE 2.23 0.00 0.00 DESCRIPTION 28.1 R&R Ceramic/porcelain tile ***FLOOR PROTECTION+** 29. Floor protection- - heavy paper and 402.50SF tape *MASKING- 30. Mask wall- plastic, paper, tape (perLF) Totals: Entry/Foyer QTY 402.50SF TAX 0.00 0.00 0.00 0.00 O&P 1,218.78 49.10 20.76 2,273.66 TOTAL 7,312.64 294.63 124.59 13,642.05 Height: 8' 12.91 0.61 1.74 59.67LF Back Room 341.33 SF Walls 725.33 SF Walls & Ceiling 42.67SY Flooring 78.67LF Ceil. Perimeter 384.00 SF Ceiling 384.00 SF Floor 42.67LFFloor Perimeter Back Room Subroom: Back Left (2) Height: Sloped 865.00 SF Walls 1,335.73 SF Walls & Ceiling 51.90 SY Flooring 87.61 LF Ceil. Perimeter 18'X8' 470.72 SF Ceiling 467.09 SF Floor 69.24LF Floor Perimeter Missing Walb- Goes tol Floor Opens into BACK_ROOM Subroom: Back Right(I) Height: Sloped 865.01 SF Walls 1,335.75 SF Walls & Ceiling 51.90 SY Flooring 87.61 LF Ceil. Perimeter 18'X8' QTY 470.74 SF Ceiling 467.11 SF Floor 69.24LF Floor Perimeter Missing Wall Goes to Floor DESCRIPTION GATESVILLEPL Opens into BACK_ROOM TAX REMOVE REPLACE O&P 11/26/2024 TOTAL Page:7 P138 G2 General Contractors 16001 RedbudBlvdSlezUo LL* *McKinney, TX 75069 trywall- 912g569-3P1ated, 160.00_SF 0.00 3.29 0.00 105.28 631.68 ready for paint GATESVILLE PL 11/26/2024 Page: 8 P139 G2 General Contractors 1600 Redbud Blvd Ste 200 McKinney, TX 75069 972-569-7013 CONTINUED- Back Room REMOVE REPLACE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DESCRIPTION 32.1 Drywall patch small repair, ready for paint ***PAINT*** 33. Paint part oft the walls and ceiling- 3,196.81SF two coats "-DOORS/TRIM-: 34.1 Paint door or window opening. -2 coats (per side) 35. Cove base molding rubber or vinyl, 4" high 36. Stain & finish baseboard 37. Sand wood- interior ***FLOORING"* 38. Floor preparation for resilient flooring 39. Glue down carpet ***FLOOR PROTECTION- 40. Floor protection heavy paper and 1,318.19SF tape ***MASKING*** 41.1 Mask wall- plastic, paper,t tape (perLF) Totals: Back Room QTY 2.00EA TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0&P 41.30 824.78 17.26 85.14 8.68 26.60 171.36 755.88 160.82 63.04 2,260.14 TOTAL 247.76 4,948.66 103.56 510.84 52.08 159.60 1,028.18 4,535.25 964.92 378.24 13,560.77 Height: 8' 103.23 1.29 43.15 2.35 2.17 6.65 0.65 2.46 0.61 1.74 2.00EA 181.15LF 20.00LF 20.00BF 1,318.19SF 1,536.33SF 181.15LF Front Left 669.16 SF Walls 1,055.76 SF Walls & Ceiling 42.96 SY. Flooring 83.641 LF Ceil. Perimeter 386.60 SF Ceiling 386.60 SFI Floor 83.64LFI Floor Perimeter DESCRIPTION **-DRYWALLH 42. 5/8" drywall hung, taped, floated, 180.00 SF ready for paint 43. Drywall patch /small repair, ready for paint ***PAINT*** GATESVILLEPL QTY REMOVE REPLACE TAX 0.00 0.00 O&P 118.44 20.64 11/26/2024 TOTAL 710.64 123.87 Page:9 0.00 0.00 3.29 103.23 1.00 EA P140 G2 General Contractors McKinney, TX75069 972-569-7013 32 16001 Redbud Blvd Ste 200 CONTINUED. Front Left REMOVE REPLACE 0.00 0.00 0.00 0.00 0.00 0.00 DESCRIPTION 44. Paint part ofthe walls and ceiling- 855.76SF two coats DOORS/TRIM-- 45. Covet base molding- rubber or vinyl, 4"high "*FLOORING-* 46. Floor preparation for resilient flooring 47. Glue down carpet ***FLOOR: PROTECTION-* 48.1 Floor protection heavy paper and 386.60SF tape ***MASKING"** 49.1 Mask wall plastic, paper, tape (per LF) Totals: Front Left QTY TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0&P 220.78 39.32 50.26 279.22 47.16 29.10 804.92 TOTAL 1,324.71 235.87 301.55 1,675.27 282.99 174.63 4,829.53 Height:8 1.29 2.35 0.65 2.46 0.61 1.74 83.64LF 386.60SF 567.50SF 83.64LF Front Right 669.00 SF'Walls 1,094.98 SF Walls & Ceiling 47.33 SYI Flooring 83.62LFCeil. Perimeter 425.98 SF Ceiling 425.98 SF Floor 83.62LF Floor Perimeter FronfRight #9" DESCRIPTION **DRYWALL" 50. 5/8" drywall hung, taped, floated, 30.00SF ready for paint 51.1 Drywall patch/ small repair, ready forp paint ***PAINT*** 52. Paint part of the walls and ceiling- 894.98SF two coats "*DOORS/TRIM- 53. Paint door or window opening -2 coats (pers side) 54. Cove base molding. rubber or vinyl, 4"! high GATESVILLEPL QTY REMOVE REPLACE 0.00 0.00 0.00 0.00 0.00 TAX 0.00 0.00 0.00 0.00 0.00 O&P 19.74 20.64 230.90 17.26 39.30 11/26/2024 TOTAL 118.44 123.87 1,385.42 103.56 235.81 Page: 10 3.29 103.23 1.29 43.15 2.35 1.00EA 2.00EA 83.62LF P141 G2 General Contractors 1600 Redbud! Blvd Ste 200 McKinney, TX 75069 972-569-7013 GATESVILLEPL 11/26/2024 Page: 11 P142 G2 General Contractors McKinney, TX75069 972-569-7013 82 16001 Redbud Blvd Ste 200 CONTINUED- Front Right REMOVE REPLACE 0.00 0.00 0.00 0.00 DESCRIPTION 55.Floor preparation for resilient flooring 56. Glue down carpet ***FLOOR: PROTECTION-** 57. Floorp protection heavy paper and 425.98SF tape ***MASKING** 58. Mask wall- plastic, paper, tape (perLF) Totals: Front Right QTY 425.98SF 604.08SF TAX 0.00 0.00 0.00 0.00 0.00 0&P 55.38 297.20 51.98 29.10 761.50 TOTAL 332.27 1,783.24 311.83 174.60 4,569.04 Height:8' 0.65 2.46 0.61 1.74 83.62LF Test3 216.00 SF Walls 261.00 SF Walls & Ceiling 5.00 SY Flooring 27.001 LF Ceil. Perimeter 45.00 SF Ceiling 45.00 SF Floor 27.00 LFI Floor Perimeter Test3 DESCRIPTION ***PAINT*** 59.1 Paint the walls- two coats -DOORS/TRIM--: 60. Covel base molding. rubber or vinyl, 4" high ***FLOORING+** 61.1 Floor preparation for resilient flooring 62. Glue down carpet ***FLOOR PROTECTION-A* 63. Floor protection heavy paper and 45.00SF tape ***MASKING*** 64. Mask wall- plastic, paper, tape (perLF) Totals: Test3 GATESVILLEPL QTY 216.00SF 27.00LF 45.00SF 207.17SF REMOVE REPLACE 0.00 0.00 0.00 0.00 0.00 0.00 TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0&P 55.72 12.70 5.86 101.92 5.50 9.40 191.10 11/26/2024 TOTAL 334.36 76.15 35.11 611.56 32.95 56.38 1,146.51 Page: 12 1.29 2.35 0.65 2.46 0.61 1.74 27.00LF P143 G2 General Contractors McKinney, TX 75069 972-569-7013 82 16001 Redbud Blvd Ste 200 Test2 Height:8 216.00 SF Walls 261.00 SF Walls & Ceiling 5.00 SY Flooring 27.00LF Ceil. Perimeter 45.00 SF Ceiling 45.00 SF Floor 27.00LF Floor Perimeter Test2 DESCRIPTION ***PAINT*** 65. Paintt the walls two coats "-*DOORS/TRIM-: 66. Cove base molding rubber or vinyl, 4"high "FLOORING" 67. Floor preparation for resilient flooring 68. Glue down carpet ***FLOOR PROTECTION*** 69. Floor protection heavy paper and 45.00SF tape ***MASKING*** 70. Mask wall. plastic, paper, tape (perLF) Totals: Test2 QTY 216.00 SF 27.00 LF 45.00SF 207.17SF REMOVE REPLACE 0.00 0.00 0.00 0.00 0.00 0.00 TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0&P 55.72 12.70 5.86 101.92 5.50 9.40 191.10 TOTAL 334.36 76.15 35.11 611.56 32.95 56.38 1,146.51 Height:8' 1.29 2.35 0.65 2.46 0.61 1.74 27.00LF Test1 216.00 SF Walls 261.00 SF Walls & Ceiling 5.00 SYFlooring 27.001 LF Ceil. Perimeter 45.00 SF Ceiling 45.00 SF Floor 27.001 LF Floor Perimeter Testl GATESVILLEPL 11/26/2024 Page: 13 P144 ***PAINT*** 71. Paintt the walls- two coats 216.00 SF 27,00LF 0.00 0.00 1.29 2.35 0.00 0.00 55.72 12.70 334.36 76.15 TRI2'General Contractors molding rubber or 16001 Redbud] Blvd Ste 200 coOs NG-McKinney, TX 75069 972-569-7013 GATESVILLEPL 11/26/2024 Page: 14 P145 G2 General Contractors McKinney, TX 75069 972-569-7013 B2 1600 Redbud Blvd Ste 200 CONTINUED-Testl REMOVE REPLACE 0.00 0.00 0.00 0.00 DESCRIPTION 73. Floor preparation for resilient flooring 74. Glue down carpet ***FLOOR. PROTECTIONAAA 75. Floor protection- heavy paper and 45.00SF tape **MASKING"* 76. Mask wall. plastic, paper, tape (perLF) Totals: Testl QTY 45.00SF 207.17SF TAX 0.00 0.00 0.00 0.00 0.00 0&P 5.86 101.92 5.50 9.40 191.10 TOTAL 35.11 611.56 32.95 56.38 1,146.51 Height: 10' 0.65 2.46 0.61 1.74 27.00LF Back Hall 217.78 SF Walls 259.78 SF Walls & Ceiling 4.67 SYI Flooring 26.001 LF Ceil. Perimeter 6'4"X6'8" QTY 217.78SF 19.67LF 42.00SF 206.17SF 42.00 SF Ceiling 42.00 SF Floor 19.67LF1 Floor Perimeter Back! Hall Missing Wall- Goes tol Floor DESCRIPTION ***PAINT*** 77. Paint the walls two coats "DOORS/TRIM- 78. Cove base molding- rubberc or vinyl, 4"1 high ***FLOORING" 79.1 Floor preparation fori resilient flooring 80. Glue down carpet ***FLOOR: PROTECTION* 81. Floor protection heavy paper and 42.00SF tape ***MASKING*** 82.1 Mask wall- plastic, paper, tape (perL LF) Totals: Backl Hall GATESVILLEPL Opens into SHORT TAX 0.00 0,00 0.00 0.00 0.00 0.00 0.00 REMOVE REPLACE 0.00 0.00 0.00 0.00 0.00 0.00 0&P 56.18 9.24 5.46 101.44 5.12 6.84 184.28 11/26/2024 TOTAL 337.12 55.46 32.76 608.62 30.74 41.07 1,105.77 Page: 15 1.29 2.35 0.65 2.46 0.61 1.74 19.67LF P146 G2 General Contractors McKinney, TX 75069 972-569-7013 82 16001 Redbud] Blvd Ste 200 Electrical Height: 10' 470.00 SF Walls 585.50 SF Walls & Ceiling 12.83 SY Flooring 47.00LF Ceil.] Perimeter 115.50 SF Ceiling 115.50 SF Floor 47.001 LF Floor Perimeter ckHall Electrical DESCRIPTION ***DRYWALL-* 83. Drywall patch/ /small repair, ready for paint ***PAINT*** 84. Paint the walls- two coats "DOORSTRIM- 85.1 Paint door or window opening -2 coats (per side) 86. Coveb base molding- rubber or vinyl, 4"high **-FLOORING"* 87. Clean floor, strip & wax ***FLOOR. PROTECTIONA 88. Floor protection heavy papera and 115.50SF tape ***MASKING" 89.1 Mask wall plastic, paper, tape (per LF) Totals: Electrical QTY 1.00EA 470.00SF 1.00EA 47.00LF 115.50SF REMOVE REPLACE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O&P 20.64 121.26 8.64 22.10 27.72 14.10 16.36 230.82 TOTAL 123.87 727.56 51.79 132.55 166.32 84.56 98.14 1,384.79 Height: 10' 103.23 1.29 43.15 2.35 1.20 0.61 1.74 47.00LF Tech] Room 360.00 SF Walls 432.00 SF Walls & Ceiling 8.00 SY Flooring 36.00 LF Ceil. Perimeter 72.00 SF Ceiling 72.00 SF Floor 36.001 LF Floor Perimeter Tech Room vp GATESVILLEPL 11/26/2024 Page: 16 P147 DESCRIPTION QTY REMOVE REPLACE TAX 0.00 0&P 20.64 TOTAL 123.87 ALL*G2 General Contractors Pch/GPPKERBHPNA Ste 2000 EA McKinney, TX 75069 972-569-7013 0.00 103.23 GATESVILLEPL 11/26/2024 Page: 17 P148 G2 General Contractors McKinney, TX 75069 972-569-7013 82 16001 Redbud Blvd Ste 200 CONTINUED- Tech Room QTY REMOVE REPLACE DESCRIPTION ***PAINT*** 91.1 Paint the walls- two coats "DOORS/TRIM-: 92. Paint door or window opening -2 coats (per side) 93. Cove! base molding rubber or vinyl, 4"1 high ***FLOORING+* 94. Clean floor, strip & wax ***FLOOR: PROTECTION*** 95. Floor protection- heavy paper and 72.00SF tape *MASKING*H* 96. Mask wall- plastic, paper, tape (per LF) Totals: Tech) Room TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0&P 92.88 8.64 16.92 17.28 8.78 12.52 177.66 TOTAL 557.28 51.79 101.52 103.68 52.70 75.16 1,066.00 Height: 10' 360.00SF 1.00EA 36.00LF 72.00SF 0.00 0.00 0.00 0.00 0.00 0.00 1.29 43.15 2.35 1.20 0.61 1.74 36.00LF ewe) Office 166" Office 570.00 SF Walls 768.00 SF Walls & Ceiling 22.00 SYFlooring 57.00LFCeil. Perimeter QTY REMOVE REPLACE 198.00 SF Ceiling 198.00 SF Floor 57.00 LF Floor Perimeter om DESCRIPTION ***PAINT*** 97. Paint the walls two coats "DOORSTRIM-- 98.1 Paint door or window opening -2 coats (per side) 99. Cove base molding rubber or vinyl, 4"high ***FLOORING-** 100. Floor preparation for resilient flooring 101. Glue down carpet ***FLOOR: PROTECTION-* GATESVILLEPL TAX 0.00 0.00 0.00 0.00 0.00 0&P 147.06 8.64 26.80 25.74 181.88 11/26/2024 TOTAL 882.36 51.79 160.75 154.44 1,091.27 Page: 18 570.00SF 1.00EA 57.00LF 198.00SF 369.67SF 0.00 0.00 0.00 0.00 0.00 1.29 43.15 2.35 0.65 2.46 P149 G2 General Contractors 16001 Redbud Blvd Ste 200 McKinney, TX 75069 972-569-7013 CONTINUED-Oice REMOVE REPLACE 0.00 0.00 DESCRIPTION 102. Floor protection heavy paper and tape ***MASKING* 103. Mask wall plastic, paper, tape (perLF) Totals: Office QTY 198.00SF 57.00LF TAX 0.00 0.00 0.00 0&P 24.16 19.84 434.12 TOTAL 144.94 119.02 2,604.57 Height: 10' 0.61 1.74 Work room 856.67 SF Walls 1,260.56 SF Walls & Ceiling 44.88 SY Flooring 85.67LF Ceil. Perimeter 403.89SF Ceiling 403.89 SF Floor 85.67LFFloor, Perimeter Workr room CblLB DESCRIPTION **DRYWALL" 104. Drywall patch /small repair, ready for paint ***PAINT*** 105. Paint the walls two coats "DOORS/TRIM-: 106. Cove base molding rubber or vinyl, 4"high "FLOORING" 107. Clean floor, strip & wax ***FLOOR PROTECTION** 108. Floor protection- heavy paper and tape ***MASKING+** 109.Mask wall plastic, paper, tape (perLF) Totals: Work room QTY 1.00EA 856.67SF 85.67LF 403.89SF 403.89SF 85.67LF REMOVE REPLACE 0.00 0.00 0.00 0.00 0.00 0.00 TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0&P 20.64 221.02 40.26 96.94 49.28 29.82 457.96 TOTAL 123.87 1,326.12 241.58 581.61 295.65 178.89 2,747.72 103.23 1.29 2.35 1.20 0.61 1.74 GATESVILLEPL 11/26/2024 Page: 19 P150 G2 General Contractors 16001 Redbud Blvd Ste 200 McKinney, TX 75069 972-569-7013 Janitorial Height: 10' 280.00 SF Walls 328.00 SF Walls & Ceiling 5.33SY Flooring 28.001 LF Ceil. Perimeter 48.00 SF Ceiling 48.00 SF Floor 28.00LF Floor Perimeter Janitorial VEMPPaz DESCRIPTION **-DRYWALLA 110. Drywall patch/ small repair, ready for paint ***PAINT*** 111. Paint the walls two coats "-DOORSTRIM- 112. Paint door or window opening -2 1.00EA coats (per side) 113. Cove base molding rubbero or vinyl, 4" high **-FLOORING"* 114. Clean floor, strip & wax ***FLOOR: PROTECTION-A 115. Floor protection heavy paper and tape ***MASKING*** 116. Mask wall- plastic, paper, tape (perLF) Totals: Janitorial QTY 1.00 EA 280.00 SF REMOVE REPLACE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0&P 20.64 72.24 8.64 13.16 11.52 5.86 9.74 141.80 TOTAL 123.87 433.44 51.79 78.96 69.12 35.14 58.46 850.78 Height: 10' 103.23 1.29 43.15 2.35 1.20 0.61 1.74 28.00LF 48.00_SF 48.00SF 28.00LF Women's RR 706.67 SF Walls 954.08 SF Walls & Ceiling 27.49 SY Flooring 70.67LFCeil. Perimeter 247.42 SF Ceiling 247.42 SF Floor 70.67LF] Floor Perimeter Women'sRR GATESVILLEPL 11/26/2024 Page: 20 P151 DESCRIPTION QTY REMOVE REPLACE TAX 0.00 0&P 123.08 TOTAL 738.46 G2 General Contractors ofoveBéatlisesief 46604SF Mekinney,TX75069 972-569-7013 0.00 1.29 GATESVILLEPL 11/26/2024 Page: 21 P152 G2 General Contractors 16001 Redbud Blvd Ste 200 Mckimney,TX75069 972-569-7013 CONTINUED- Women'sRR REMOVE REPLACE 0.00 0.00 0.00 DESCRIPTION DOORS/TRIM- 118.1 Paint door or window opening- -2 coats (per side) ***FLOOR: PROTECTIONAAA 119. Floor protection heavy paper and tape ***MASKING*** 120. Mask wall plastic, paper, tape (perLF) Totals: Women'sRR QTY 1.00EA 247.42SF 70.67LF TAX 0.00 0.00 0.00 0.00 0&P 8.64 30.18 24.60 186.50 TOTAL 51.79 181.11 147.57 1,118.93 Height: 10' 43.15 0.61 1.74 Front Hall 443.33 SF Walls 540.33 SF Walls & Ceiling 10.78 SY Flooring 44.331 LF Ceil. Perimeter 97.00 SF Ceiling 97.00 SF Floor 44.33LF1 Floorl Perimeter DESCRIPTION ***DRYWALL"** 121.5/8" drywall- hung, taped, floated, ready for paint ***PAINT*** 122.1 Paint the walls- two coats "*DOORS/TRIM-: 123. Paint door or window opening -2 coats (per side) 124. Cove! base molding rubber or vinyl, 4"1 high FLOORING- 125. Cleani floor, strip & wax ***FLOOR: PROTECTION*** 126. Floor protection- heavy paper and tape ***MASKING*** 127. Mask wall- plastic, paper,t tape (perLF) GATESVILLEPL QTY 60.00SF 443.33SF 1.00EA 44.33LF 97.00SF 97.00SF 44.33LF REMOVE REPLACE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0&P 39.48 114.38 8.64 20.84 23.28 11.84 15.42 11/26/2024 TOTAL 236.88 686.28 51.79 125.02 139.68 71.01 92.55 Page: 22 3.29 1.29 43.15 2.35 1.20 0.61 1.74 P153 G2 General Contractors McKinney, TX 75069 972-569-7013 HE 16001 Redbud Blvd Ste 200 CONTINUED- Front Hall QTY REMOVE REPLACE DESCRIPTION Totals: Front Hall TAX 0.00 0&P 233.88 TOTAL 1,403.21 Height: 10' Men's] RR 533.33 SF Walls 701.08 SF Walls & Ceiling 18.64 SY Flooring 53.33LFCeil. Perimeter 167.75 SF Ceiling 167.75 SFI Floor 53.33. LF Perimeter Floor Men'sRR Hai DESCRIPTION **-DRYWALL" 128. Drywall patch /small repair, ready for paint ***PAINT*** 129. Paint part ofthe walls and ceiling- 350.54SF two coats ***FLOOR: PROTECTION- 130.1 Floor protection heavy paper and tape ***MASKING*** 131. Mask wall. plastic, paper, tape (perLF) Totals: Men's RR Total: Main Level QTY 1.00EA REMOVE REPLACE 0.00 0.00 0.00 0.00 TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0&P 20.64 90.44 20.46 18.56 150.10 25,391.14 33,074.14 TOTAL 123.87 542.64 122.79 111.35 900.65 152,346.30 199,920.30 103.23 1.29 0.61 1.74 167.75SF 53.33LF Linel Item Totals: GATESVILLEPL Grand Total Areas: 16,893.80 SF Walls 8,699.36 SF Floor 0.00 SFLong Wall 8,699.36 Floor Area 4,648.75 Exterior Wall Area 0.00 Surface Area 9,294.63 SF Ceiling 966.60 SY Flooring 0.00 SF Short' Wall 8,968.69 Total Area 407.75 Exterior Perimeter of Walls 0.00 Number of Squares 26,188.43 SF Walls and Ceiling 1,185.75 LF Floor Perimeter 1,549.00 LF Ceil. Perimeter 16,893.80 Interior Wall Area 0.00 Total Perimeter Length 11/26/2024 GATESVILLEPL Page: 23 P154 G2 General Contractors URAPR pyge Blyd Ste 200 McKinney, TX75069 972-569-7013 0.00 Total Hip Length GATESVILLEPL 11/26/2024 Page: 24 P155 G2 General Contractors McKinney, TX 75069 972-569-7013 BE 1600. Redbud Blvd Ste 200 Summary Line Item Total Overhead Profit Replacement Cost Value Net Claim 166,846.16 16,537.07 16,537.07 $199,920.30 $199,920.30 Marcus Wofford GATESVILLEPL 11/26/2024 Page: 25 P156 M5 P157 P158 G2 General Contractors McKinney, TX75069 972-569-7013 Property: 111N8hSt Operator: AUSTINM Estimator: Garette Griffin Position: Project Manager Company: G2 General Contractors Business: 16001 Redbud Blvd! Ste 200 B2 1600 Redbud Blvd Ste 200 Client: City of Gatesville Library Building Envelope Gatesville, TX 76528 Business: (903)209-8814 E-mail: acte@gsemeraiomirasos .com Mckinney, TX75069 Type of] Estimate: Date Entered: 11/8/2024 Pricel List: TXWA8X_NOV24 Labor Efficiency: ResoraiomsewiseKemodet Estimate: CATESVILELIBRARY2 Date Assigned: TIPS#211001 P159 G2 General Contractors McKinney, TX75069 972-569-7013 BE 1600 Redbud Blvd Ste2 200 CATESVILLEIBRARVZ General Requirements QTY 40.00 HR 1.00 EA DESCRIPTION 1. Commercial Supervision Project Management per. hour Part time commercial supervision over 3 week span. 2. Taxes, insurance, permits & fees (Bid) Item) Totals: General Requirements REMOVE REPLACE 0.00 0.00 TAX 0.00 0.00 0.00 0&P 594.80 205.20 800.00 TOTAL 3,568.80 1,231.20 4,800.00 74.35 1,026.00 Building Envelope DESCRIPTION 3.1 Roofing (BidI Item) QTY 1.00EA REMOVE REPLACE 0.00 TAX 0.00 0&P 2,840.00 TOTAL 17,040.00 14,200.00 Power wash and prep TPO/EPDM low slope flat roofs Power wash andj prep metal roof areas as needed to re-seal seams and rivets Install new pipel boots and clamps on metal roof fori roof overhaul Check the metal roof and gutters and seal areas that have dry rotted due to age Install) IBs silicone with 10 year warranty on low slope TPO/EPDM (color white or grey TBD)2 coats will bel hand rolled 4-5 man crew 2-4 days to complete 2-55 gallon drums ofI IB: siliçone 4. Painting (Bid] Item) 1.00 EA 0.00 74,655.00 0.00 14,931.00 89,586.00 GATESVILLE LIBRARY2 11/8/2024 Page: 2 P160 G2 General Contractors 1600 Redbud Blvd Ste 200 McKinney, TX 75069 972-569-7013 - CONTINUED- Building Envelope REMOVE REPLACE DESCRIPTION QTY TAX 0&P TOTAL The scope of work willl be tos seal the windows on all elevations of the building. Prepare the surface to receive new sealant and apply primer, per thei manufacturer's specifications. Install a soft closed- cell backer rod int thej joint around the perimeter oft the window frame. This ensures proper. joint configuration and will avoid three-sided: adhesion oft the sealant. Wipe the glass lites and aluminumi frames clean with denatured alcohol, on a lent free cotton cloth, which willj promote adhesion oft the sealant tot the surfaces. Wet seal the window system, utilizing Dowsil" 795 high-performance, single- component, neutral-cure, medium-modulus silicone sealant, and tool toa smooth professional finish. Install] Dowsil 123 extruded silicone on all metal to metal butt joints ont the window frames, per the manufacturer's: specifications. The manufacturer will provide The scope ofwork willl bet to apply an elastomeric coating on all elevations of the building. Perform repairs and seal any cracks over 1/16", per the manufacturer's specifications. Replace the sealanti in the wall panel control joints on all elevations oft the building. Prepare the surfaçes to1 receive new sealant and apply primer, per the manufacturer's specitications. Install a soft closed-cell backer rod which will ensure properj joint configuration and will avoid three-sided adhesion of the sealant. Apply BASF MasterSeal NP 1 multi-component, high-performance, highly-flexible polyurethane sealant and tooli to a smooth finish. Clean the walls oft the building utilizing pressure washing and biological cleaners, as neçessary, to prepare the surface to receive the waterproof coating. Apply one coat ofl BASF MasterProtect. HB 400 water-based, high-build, 100% acrylic waterproof coating, per the manufacturer's specifications. Apply one coat ofl BASF MasterProtect C350 water-based, 100% acrylic, smooth, easy-cleaning, hydrophobic waterproof coating, per ther manufacturer's specifications. The manufacturer will provide ai ten (10), year labor and material warranty The scope of work will be to apply a water repellent to the textured-faced cmul block on all elevations ofthe building. Manually and mechanically route and repoint cracks, per the manufacturer's: specifications. Power wash the exterior brick walls inc order to eliminate any contaminates from the surface of the cmul block and mortar. Apply Prosoco Blok-Guard. & Graffitti control clear-drying, water-based silicone emulsion water atwenty (20)3 year material warranty upon request. for the elastomeric coating upon request. repellent, per the manufacturer's specifications. Totals: Building Envelope Line Item Totals: GATESVILIEJIBRARY2 0.00 0.00 17,771.00 18,571.00 106,626.00 111,426.00 GAIESVIIELIBRARY2 11/8/2024 Page:3 P161 G2 General Contractors McKinney, TX 75069 972-569-7013 H2 16001 Redbud. Blvd Ste 200 Summary Line Item Total Overhead Profit Replacement Cost Value Net Claim 92,855.00 9,285.50 9,285.50 $111,426.00 $111,426.00 Garette Griffin Project Manager GATESVILLE LIBRARY2 11/8/2024 Page:4 P162 GG CONTRACTORS RENOVATONCONTRACT THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES AND SHOULD BE READ THOROUGHLY AND UNDERSTOOD PRIOR TO SIGNING. IF YOU HAVE ANY QUESTIONS ABOUT YOUR RIGHTS OR RESPONSIBILTIES UNDER THIS CONTRACT, YOU MAY WISH TO CONSULT AN ATTORNEY. 1. GENERALI INFORMATION. Effective Date: Owner: Mailing Address: Mailing Address: Property: December 11, 2024 City of Gatesville Attn City Manager, 803 E Main Street, Gatesville, TX 76528 Contractor: GG Contractors d/bla G2 General Contractors ("Contractor") 1600 Redbud Blvd. STE: 203 McKinney, Texas 75069 Attn: Mason Kuehl Address: Legal Description: (the "Property") 111 N. 8th St. Gatesville, TX Owner and Contractor agree as follows: 2. DESCRIPTION OF WORK "Proiect")., Contractor agrees to construct certain improvements and renovations on and to the Property as set forth in Exhibit "A" attached hereto and incorporated herein by this reference ("Scope of Work") in exchange for the purchase price. Contractor has provided an itemized budget and estimate for the Scope of Work requested by Owner which is also included in Exhibit A. This Agreement and its exhibit(s), , and any other related plans or schematics are referred to as the Construction Documents." 3. PURCHASE PRICE AND PAYMENT PROCEDURES. (a) Consideration. The total amount for the project is estimated at (b) Contingencies From time to time, instances may arise during which Contractor must make adjustments to the work in order for the Project to be constructed properly. These adjustments can sometimes cause the work to exceed budget allowances. Contractor will notify Owner and obtain Owner's approval prior to incurring such expenses. Contractor will provide (c) Draw Requests and Progress Payments. Contractor will submit draw requests/progress payments/budget status every two (2) weeks. Requests will be presented to Owner on or before Tuesday and Owner will pay Contractor on or before Friday of the week submitted. Owner shall pay the draws and progress payments directly to Contractor or 9wper $19,809.17 , in accordance with the attached budget. A 50% deposit of $9,904.59 (the "Deposit") is required to begin the Project. Owner an accounting of all costs and expenses of the Project upon request. Owner Initials Page1of7 P163 shall authorize Contractor to make draw requests on Owner's behalf to Owner's lender for advances under Owner's interim construction financing. Owner remains responsible for paying (d) Final Payment. Upon completion of Contractor's construction obligations and the delivery to and acceptance by Owner of the completed work and Owner and Owner's Lender of the bills-paid affidavit as set forth in Section 53.259, Texas Property Code, Owner shall pay the Consideration to Contractor. Contractor all outstanding sums due. 4. CONSTRUCTION. (a) Commencement and Completion of Construction. Contractor will commence construction as soon as practicable following the Effective Date of this contract and receipt oft the Deposit but in no event later than thirty (30) days after the latter of the Effective Date of this contract andi receipt of the Deposit. Contractor will complete the construction no later than April 30, 2025 Contractor will use all commercially reasonable efforts to cause each element of construction to be completed within the construction timeline agreed to between Owner and (b) Conformity with Construction Documents. Construction of the Project may be subject to changes in plans, specifications, materials, fixtures and methods, and substitutions of material with reasonable equivalents. Owner should inquire about any features that Owner wants before signing this Agreement. Figures regarding size, square footage, and other dimensions of the Property, which may have been provided toy you, are only estimates; actual construction may (c) Permits. Contractor shall make reasonable efforts to obtain all necessary licenses, permits, and similar authorizations required by any applicable governmental authorities. Contractor shall have nol liability for any failure to obtain any such items, in which case either party (d) Control of Construction Site. Owner shall grant Contractor reasonable access to the construction site so as to complete the Project. This includes access to electricity, water,and other utilities required for the Project. If Owner does not provide sufficient access andContractor cannot work on the Project due to such denial of access, Owner is in breach and Contractor may exercise all remedies provided in this agreement. Owner acknowledges it remains and has full responsibility and control for the preexisting environmental condition of the Property. defects for a period of one (1) year from the date of completion of the Project, and warrants plumbing, electrical, heating, and air-conditioning delivery systems, to the extent applicable, for a period of two (2) years from the date of completion of the Project. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper orinsufficient maintenance, improper operation, or normal wear andt tear and normal usage. THIS EXPRESS WARRANTY CONSTITUTES THE EXCLUSIVE WARRANTY TO BE MADE AVAILABLE BY CONTRACTOR AND IS IN PLACE OF ALL OTHER GUARANTIES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF WORKMANSHIP, MERCHANTABILITY, SUITABILITY AND FITNESS, WHICH ARE ALL HEREBY DISCLAIMED BY CONTRACTOR. AND WAIVED BY OWNER. THE PARTIES AGREE THAT THIS EXPRESS WARRANTY AND CONTRACT DOCUMENTS ADEQUATELY SET FORTH THE MANNER, PERFORMANCE, AND QUALITY OF THE CONSTRUCTION OF THE Contractor and to be determined prior to commencement ofwork. vary. may terminate this Agreement without further liability to the other party. 5. WARRANTY Contractor warrants workmanship and materials to be free from MK Page2of7 Owner Initials P164 PROJECT. 6. INSURANCE Contractor shall maintain at all times during construction under this Agreement adequate insurance as it does during its normal business operations, including Contractor's risk and commercial general liability, and shall provide proof of same upon the request of Owner or Owner's Lender. Owner understands and is advised to obtain its own insurance sufficient to cover any and all losses it deems appropriate during the term of this Agreement. Upon completion of Contractor's construction obligations or possession by Owner, Owner shall obtain appropriate insurance to cover all risk of loss and assumes all risk ofl loss. 7. DEFAULTAND REMEDIES. (a) Default. If Owner defaults in payment or any other obligation contained herein, after written notice has been delivered and a five (5) day opportunity to cure has passed, Contractor shall have the right to the following remedies () discontinue work; (i) bring an action for payment of any amount due; (ii) terminate this Agreement; (iv) and pursue any other legal remedy. Contractor may apply all amounts paid by Owner to Contractor's damages, including its loss of profit. Any past due amounts shall be subject to interest at the highest legal amount by state law, beginning on the thirtieth (30") day after such sums are due after the cure period. Contractor may stop the work upon written notice to Owner, at any time after the written notice is (b) Attorney's Fees. Subject to the limitations stated above, the prevailing party in a dispute that is resolved through arbitration (whether before or after Closing) is entitled to recover its reasonable attorneys' fees, arbitration fees, costs and other related expenses ("legal provided by Contractor. All remedies provided to Contractor are cumulative. expenses") actually incurred. 8. MEDIATIONAND BINDING ARBITRATION. (a) IT IS THE POLICY OF THE STATE OF TEXAS TO ENCOURAGE THE PEACEABLE RESOLUTION OF DISPUTES THROUGH ALTERMATVEDISPUTE: RESOLUTION PROCEDURES. THE PARTIES TO THIS AGREEMENT SPECIFICALLY AGREE THAT THIS TRANSACTION INVOLVES INTERSTATE COMMERCE AND THAT ANY DISPUTE (WHETHER CONTRACT, WARRANTY, TORT, STATUTORY OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, (A) ANY AND ALL CONTROVERSIES, DISPUTES OR CLAIMS ARISING UNDER, OR RELATING TO, THIS AGREEMENT, AND ANY AMENDMENTS THERETO, THE PROPERTY, THE RESIDENCE, OR ANY DEALINGS BETWEEN THE PARTIES, (B) ANY CONTROVERSY, DISPUTE OR CLAIM ARISING BY VIRTUE OF ANY REPRESENTATIONS, OMISSIONS, PROMISES OR WARRANTIES ALLEGED TO HAVE BEEN MADE BY EITHER PARTY OR THEIR REPRESENTATIVE; AND (C) ANY PERSONAL INJURY OR PROPERTY DAMAGE ALLEGED TO HAVE BEEN SUSTAINED BY ANY PARTY ON THE PROPERTY OR IN THE APPLICABLE SUBDIVISION SHALL FIRST BE SUBMITTED TO MEDIATION/ AND, IFNOT SETTLED DURING MEDIATION, SHALL THEREAFTER BE SUBMITTED TO BINDING ARBITRATION, AS PROVIDED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. $$1 ET SEQ.) OR, IF APPLICABLE, BY SIMILAR STATE STATUTE, AND NOT BY OR IN A COURT OF LAW. ALL DECISIONS RESPECTING THE ARBITRABILITYOF: ANY DISPUTE SHALL BE DECIDED BY THE ARBITRATOR. IN NO EVENT SHALL OWNER BE INITIALLY REQUIRED TO PAY ARBITRATION COSTS AND FEES IN EXCESS OF THOSE THAT WOULD HAVE BEEN INCURRED IN FILING SUIT INA COURT OF LAW AND EFFECTING SERVICE OF PROCESS. THE ARBITRATOR MAY AWARDTO THE PREVAILING PARTY, IF ANY, AS DETERMINED MKV Page3of7 Owner Initials P165 BY THE ARBITRATOR, ALL OR ANY PORTION OF ITS COSTS AND FEES. "COSTS AND FEES" MAY INCLUDE REASONABLE EXPENSES OF MEDIATION AND/OR ARBITRATION, INCLUDING ARBITRATOR'S FEES, ADMINISTRATIVE FEES, TRAVEL EXPENSES AND OUT-OF-POCKET EXPENSES SUCH AS COPYING AND TELEPHONE, COURT COSTS, (b) ANY AND ALL MEDIATIONS COMMENCED BY ANY OF THE PARTIES TO THIS AGREEMENT SHALL BE FILED WITH AND ADMINISTERED BY THE AMERICAN ARBITRATIONASSOCIATIONORANYSUCCESSORTHERTHERETOPAAA7.INACCORDANCE WITH THE AAA'S HOME CONSTRUCTION MEDIATION PROCEDURES IN EFFECT ON THE DATE OF THE REQUEST. IF THERE ARE NO HOME CONSTRUCTION MEDIATION PROCEDURES CURRENTLY IN EFFECT, THEN THE AAA'S CONSTRUCTION INDUSTRY MEDIATION RULES IN EFFECT ON THE DATE OF SUCH REQUEST SHALL BE UTILIZED. ANY PARTY RELYING UPON AN EXPERT REPORT OR REPAIR ESTIMATE AT THE MEDIATION SHALL PROVIDE THE MEDIATOR AND THE OTHER PARTIES WITH A COPY OF THE REPORT. IF ONE OR MORE ISSUES DIRECTLY OR INDIRECTLY RELATE TO ALLEGED DEFICIENCIES IN DESIGN, MATERIALS, OR CONSTRUCTION, ALL PARTIES AND THEIR EXPERTS SHALL BE ALLOWED TO INSPECT, DOCUMENT, AND TEST THE ALLEGED DEFICIENCIES PRIOR TO MEDIATION. UNLESS MUTUALLY WAIVED IN WRITING BY ALL THE PARTIES, SUBMISSION TO MEDIATION IS A CONDITION PRECEDENTTO! EITHER PARTY FILING SUIT OR SUBMITTING THISMATTERTOBINOING (c) IF THE DISPUTE IS NOT FULLY RESOLVED BY MEDIATION, THE DISPUTE SHALL BE SUBMITTED TO BINDING ARBITRATION THROUGH THE AAA. IN ANY ARBITRATION PROCEEDING BETWEEN THE PARTIES: (A) ALL APPLICABLE FEDERAL AND STATE LAW (INCLUDING CHAPTER 27 OF THE TEXAS PROPERTY CODE) SHALL APPLY; (B) ALL APPLICABLE CLAIMS, CAUSES OF ACTION, REMEDIES AND DEFENSES THAT WOULD BE AVAILABLE IN COURT SHALL APPLY; (C) THE PROCEEDING SHALL BE CONDUCTED BY A SINGLE ARBITRATOR AS SET FORTH HEREIN; (D) THE PARTIES SHALL BE ENTITLED TO CONDUCT REASONABLE AND NECESSARY DISCOVERY AS AGREED OR ALLOWED BY THE ARBITRATOR; (E) THE ARBITRATOR SHALL RENDER A WRITTEN AWARD AND, IF REQUESTED BY ANY PARTY, A REASONED AWARD; (F) THE PARTIES SHALL NOT BE REQUIRED TO PAY ANY UNREASONABLE COSTS OR FEES AND THE ARBITRATOR SHALL HAVE THE RIGHT TO APPORTION COSTS AND FEES IN AN EQUITABLE MANNER IN THE ARBITRATION AWARD; AND (G) ANY AWARD RENDERED IN THE PROCEEDING SHALL BEI FINAL AND BINDING AND JUDGMENT UPON ANY SUCH AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. (d) THE PARTIES AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE RIGHTS AND OBLIGATIONS SET FORTH IN THIS MEDIATION- ARBITRATION AGREEMENT SHALL SURVIVE (1) THE TERMINATION OF THIS AGREEMENT BY EITHER PARTY; ;OR(2)THE! DEFAULTOFTHIS. AGREEMENT BY EITHER PARTY. THE WAIVER OR INVALIDITY OF ANY PORTION OF THIS MEDIATION- ARBITRATION AGREEMENT SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINING PORTIONS OF THIS MEDIATION-ARBITRATION AGREEMENT AND/OR THE AGREEMENT. THE PARTIES FURTHER AGREE (1) THAT ANY DISPUTE INVOLVING CONTRACTOR'S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL BE RESOLVED AS SET FORTH HEREIN AND NOT IN A COURT OF LAW; AND (2) THAT SUBCONTRACTORS, SUPPLIERS, AND INSURERS MAY BE ADDED AS PARTIES IN ANY WITNESS FEES AND REASONABLE ATTORNEY'S FEES. ARBITRATION. MEDIATION AND ARBITRATION. ME Page4of7 Owner Initials P166 (e) IFANYPARTY TO THIS AGREEMENT FILES AI PROCEEDING IN ANY COURT TO RESOLVE ANY SUCH CONTROVERSY, DISPUTE OR CLAIM, SUCH ACTION SHALL NOT CONSTITUTE A WAIVER OF THE RIGHT OF SUCH PARTY OR A BAR TO THE RIGHT OF ANY OTHER PARTY TO SEEK ARBITRATION OF THAT OR ANY OTHER CLAIM, DISPUTE OR CONTROVERSY, AND THE COURT SHALL, UPON MOTION OF ANY PARTY TO THE PROCEEDING, DIRECT THAT SUCH CONTROVERSY, DISPUTE OR CLAIM BE ARBITRATED IN ACCORDANCE HEREWITH. BECAUSE ASTHIS AGREEMENT PROVIDES FOR MANDATORY ARBITRATION OF DISPUTES, IF ANY PARTY COMMENCES LITIGATION IN VIOLATION OF THIS AGREEMENT, SUCH PARTY SHALL REIMBURSE THE OTHER PARTIES TO THE LITIGATION FOR THEIR COSTS AND EXPENSES INCLUDING ATTORNEYS' FEES INCURRED IN SEEKING ABATEMENT OF SUCH LITIGATION AND demands and causes of action against each other and on behalf of their respective insurers to the extent that damages, costs, or repairs are covered and actually paid under any insurance policy or warranty program, or paid by any other third party that could claim subrogation rights 10. SERVICEOFNOTICES: All notices under this contract must be in writing and sent by personal delivery, overnight mail, or certified mail (return receipt requested) to Owner or Contractor at the addresses indicated in Section 1. Notices served by personal delivery and overnight mail are deemed received upon delivery. Notices sent by certified mail are deemed ENFORCEMENT OF ARBITRATION. 9. WAIVER OF SUBROGATION. Owner and Contractor waive any and all claims, against Owner or Contractor. received three days after mailing. 11. MISCELLANEOUS (a) Governing Law. The Contract is to be governed by the laws of the State ofTexas. (b) Assenmen/Consrnucion Financing. No party may assign any rights or obligations under the Agreement (other than to a lender advancing payment of all or part of the Purchase Price) without the prior written consent of the other party. This Agreement is binding on and inures to the benefit of Contractor and Owner, and their respective heirs, executors, administrators, successors, and permitted assigns. In the event that Lender-generated documents contain provisions that are inconsistent with any terms of this Agreement or impose obligations on Contractor which are not expressly stated in this Agreement (e.g. retainage, lien waivers, draw requirements), such provisions in the Lender-generated documents shall not be binding on Contractor. This Agreement controls the relationship between Owner and Contractor and the (c) Time of the Essence. Owner acknowledges that time is of the essence in (d) Severability. If any provision of this Agreement is deemed or declared invalid or unenforceable by an arbitration or court of competent jurisdiction, the remaining provisions shall not be affected. Ifr reformation is permitted under applicable law, such provision shall be reformed only tot the extent necessary to make it enforceable, and enforced as if it had been in its reformed (e) Entire Agreement. OWNER CERTIFIES THAT OWNER HAS READ EVERY PROVISION OF THIS AGREEMENT, WHICH INCLUDES EACH EXHIBIT, RIDER, AND terms of payment. connection with the transactions contemplated under this Agreement. state when entered into. MKV Page5of7 Owner Initials P167 ADDENDUM ATTACHED HERETO, AND THAT THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN OWNER AND CONTRACTOR. PRIOR AGREEMENTS, REPRESENTATIONS, UNDERSTANDINGS, AND ORAL STATEMENTS NOT REFLECTED IN THIS AGREEMENT HAVE NO EFFECT AND. ARE NOT BINDING ON CONTRACTOR. OWNER ACKNOWLEDGES THAT OWNER HAS NOT RELIED ON ANY REPRESENTATIONS, WARRANTIES, STATEMENTS, OR ESTIMATES OF ANY NATURE WHATSOEVER, WHETHER WRITTEN OR ORAL, MADE BY CONTRACTOR, SALES PERSONS, AGENTS, OFFICERS, EMPLOYEES, OR OTHERWISE EXCEPT AS HEREIN SPECIFICALLY REPRESENTED. OWNER HAS BASED THE DECISION TO ENTER INTO THIS AGREEMENT FOR COMPLETION OF THE PROJECT BASED ON PERSONAL INVESTIGATION, OBSERVATION, AND THE DOCUMENTS. (f) Modification. This agreement may only be amended by written agreement signed (g) Counterparts and Signatures. This Agreement may be executed in any numberof counterparts, each of which shall be deemed to be an original and all of which together shall 12. ATTACHMENTS. This Agreement contains and incorporates thei following exhibits and attachments and Purchaser acknowledges receipt prior to signing the Agreement. [Mark by all parties. comprise but a single instrument. applicable documents): x Exhibit A: Scope of Work! Approved Estimate Insurance This contract is subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from a construction defect. Ifyou have a complaint concerning a construction defect and that defect has not been corrected as may be required by law or by contract, you must provide the notice required by Chapter 27 of the Texas Property Code to the contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitration. The notice must refer to Chapter 27 of the Texas Property Code and must describe the construction defect. If requested by the contractor, you must provide the contractor an opportunity to inspect and cure the defect as provided by Section 27.004 of the Texas Property Code. [Signature page follows] MK Page6of7 Owner Initials P168 Executed as of the Effective Date set forth above. OWNER: Home Phone Number: Work Number: Cell Number: Email: CONTRACTOR: GG Contractors d/bla G2 General Contractors By: MN Name: Mason Kuehl Title: Executive Director Contractor's Street Address: 1600 Redbud Blvd. STE203 McKinney, Texas 75069 MKV Page7of7 Owner Initials P169 EXHIBIT A (Attached) SCOPE OF WORKITEMIZED BUDGET/SCHEDULE P170 G2 General Contractors McKinney, TX75069 972-569-7013 Client: Gatesville Public Library Property: 111N8thST. Gatesville, TX 76528 Operator: AUSTINM Estimator: Marcus Wofford Type of] Estimate: Date Entered: 11/6/2024 Price] List: TXDF8X_AUG24 Labor Efficiency: Restoration/Service/Remodel Estimate: GATESVILLEPL-CO BE 1600 Redbud! Blvd Ste 200 Business: (254)220-4546 Date Assigned: P171 G2 General Contractors 1600 Redbud Blvd Ste 200 McKinney, TX75069 972-569-7013 H GATESVILLEPL-CO Main Level Work room Height: 10' 856.67 SF Walls 1,260.56 SF Walls & Ceiling 44.88SYFlooring 85.67LFCeil. Perimeter 403.89: SF Ceiling 403.89 SF Floor 85.67LF Floor Perimeter Workr room Cblla DESCRIPTION *A-PLUMBING"** 1.1 R&R Sink faucet Kitchen 2. R&R Sink doublel basin 3. R&RI P-trap assembly- ABS (plastic) 4.F R&R Plumbing fixture supply line "CABINETRY- 5. Strip & refinish cabinetry. upper- 38.00LF inside and out 6. Strip & refinish cabinetry lower- 40.00LF inside and out 7.1 R&R Countertop flat laid plastic laminate Totals: Work room QTY 1.001 EA 1.00EA 1.00EA 2.00 EA REMOVE REPLACE 20.84 22.23 8.35 5.56 0.00 0.00 4.80 TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0&P 61.88 87.90 16.48 11.82 830.14 1,033,20 410.08 2,451.50 TOTAL 371.33 527.46 98.82 70.96 4,980.88 6,199.20 2,460.52 14,709.17 Height: 10' 288.61 417.33 73.99 24.01 109.23 129.15 44.02 42.00LF Front Hall 443.33 SF Walls 540.33 SF Walls & Ceiling 10.78 SYI Flooring 44.331 LF Ceil. Perimeter 97.00 SF Ceiling 97.00 SF Floor 44.33LFFloor Perimeter DESCRIPTION **-PLUMBING-* 8. Remove and replace fountains with Bottle Fillers Totals: Front Hall GATESVILLEPL-CO QTY 1.00 EA REMOVE REPLACE 0.00 TAX 0.00 0.00 O&P 850.00 850.00 11/8/2024 TOTAL 5,100.00 5,100.00 Page:2 4,250.00 P172 Total: Main] Level 0.00 3,301.50 19,809.17 GATESVILLEPL-CO 11/8/2024 Page: 3 P173 G2 General Contractors 16001 Redbud Blvd Ste 200 McKinney, TX 75069 972-569-7013 1 Line Item Totals: GATESVILLEPL-CO Grand Total Areas: 16,893.80 SF Walls 8,699.36 SF Floor 0.00 SFI Long Wall 8,699.36 Floor Area 4,648.75 Exterior Wall. Area 0.00 Surface Area 0.00 Total Ridge Length 0.00 3,301.50 19,809.17 9,294.63 SFCeiling 966.60 SY Flooring 0.00 SF Short Wall 8,968.69 Total Area 407.75 Exterior Perimetér of Walls 0.00 Number of Squares 0.00 Total Hipl Length 26,188.43 SF Walls and Ceiling 1,185.75 LFFloor Perimeter 1,549.00 LFCeil. Perimeter 16,893.80 Interior Wall Area 0.00 Total Perimeter Length GATESVILEPL-CO 11/8/2024 Page: 4 P174 G2 General Contractors McKinney, TX75069 972-569-7013 2 16001 Redbud Blvd Ste 200 Summary Line Item Total Overhead Profit Replacement Cost' Value Net Claim 16,507.67 1,650.75 1,650.75 $19,809.17 $19,809.17 Marcus Wofford GATESVILLEPL-CO 11/8/2024 Page: 5 P175 35 P176 Gatesville Spur Capital ofTexas Agenda Item # 14 CITY COUNCIL MEMORANDUM Date: To: From: December 10, 2024 Mayor & City Council Mike Halsema, Deputy City Manager Agenda Item: Discussion and possible action regarding a change order for HVAC replacement The Library, Civic Center, and Fleet shop were experiencing HVAC issues and council approved a contract with Muegge Heating & Air for $213,655 to replace these HVAC units on August 27th. The Civic Center's HVAC systems have been replaced. During the removal of the HVAC equipment at the library, it was discovered that the existing system didi not have a proper return air ducting system. The system was pulling return air from the suspended ceiling and attic spaces. This is not efficient and will cause undue strain on the equipment, likely causing premature failure. The change order is for $44,237, or 20% of the original contract. State law requiresa project to bere-bidi ifa change order exceeds 25%, and the proposed change is under that threshold. A more detailed description of the proposed change order is attached. The services Information: additional funds are proposed to be sourced from the CIP fund. Financial Impact: $44,237 Staff Recommendation: Staff recommends that the City Council approve a change order with Muegge Heating and Air for HVAC services for $44,237. Motion: Imake ar motion to approve a change orderwith! Muegge Heating and air fork WACHEMCES429AaaN the total not exceed contract amount to $257,892. Attachments: Change Order Staff Contacts: Mike Halsema, Deputy City Manager mhabemaPratevalercon P177 Change order 1 dated 12/10/2024 for HVAC Improvement Services contract with Muegge Heating and Air Conditioning dated 8/27/2024 We are proposing the modification of the return being used for 3 systems at the Public Library (b both 15 ton units and 3.51 ton system). We believe that the return duct system designed before is playing a big part int the lack of performance of the original systems installed. The old design was for there to be a common return, meaning no ducts to any return grills. With a common return you are pulling air from the only other common place which is the attic at the library. The attic of the library reaches temperatures of over 100 degrees in the summer months. When you are returning those types of temperatures back to the air conditioning unit the unit can only cool the air 20-30 degrees max. These temperatures also cause damage down the road to the compressors because of the rise in head pressure caused by the heat coming across the coil and heating the Freon. This problem will continue to happen with the new units if designated returns are not installed. We We will run a 24 inch insulated spiral pipe through the exterior walls and into these closets. The systems will have return air grills installed on the wall in the main area or the library. This will make the system more efficient because they will be returning 70-72 degree air. With this change the building will cool better than it ever has and also be more energy efficient. The 3.5 ton system is having the same issue trying to cool the office area. This unit needs to be in the closet with the water heater. Return grills will bei installed on the door to transfer conditioned air. Being installed in the closet will also eliminate primary drain line water issues in are recommending building separate closets for the 151 ton units. the ceiling and be cheaper to service moving forward. Material list and cost: $1,200 $18,000 wall, clean up material. $1,000 $1,000 $500 $250 $800 $300 $1,000 $500 1. Metal 2/4 studs for both closets, screws, bottom and top plate tracks, drill bits, anchors. 2. 120 feet of 24 inch insulated pipe, 12 couplings, 6- insulated 90', and freight delivery 3. Removal of glass blocks, safety goggles, grinder blades, chisels to make mortar line match the new 4. 10 pieces of 2 inch duct board insulation for both closets. 5. New copper Freon lines and insulation for the 3.5 ton. 6. Sheetrock for both closets. 7. Wire, junction box, and conduit to move electrical to the 3.5 tons new heater location. 8. Move electrical to the new location of the 3.51 ton condenser. 9. Build 2- 4b by 4 feet louver return high velocity grills for the 15 ton closets. 10. Rental of the scissor lift for a extra amount of time. P178 Total Material Cost: $24,550 Total Labor Cost: $19,687 This bid includes: 1.All framing necessary to build closets/platforms for returns 2. Ordering and installing 24 inch insulated spiral pipe for the 15 ton unitreturns 3. Removal of glass where the closets are built 4. Using duct board insulation toi insulate inside of the return closets 5. New copper Freon lines and supplies to install the 3.5 ton next to the waterheater 6. Sheetrock the inside of the closets 7. Removal of return grills in the main room 8. Moving the electrical to the new location of the 3.5t ton 9. Move 3.5 ton outdoor unit and install copper chase 10. Building the high velocity return grills the match the curve int the wall Total to complete these modifications with material and labor $44,237 P179 Gatesville 6 Spur Capital loftexas Agenda Item #15 CITY COUNCIL MEMORANDUM Date: To: From: December 10, 2024 Mayor & City Council Mike Halsema, Deputy City Manager Agenda Item: Discussion and possible action regarding adopting a naming policy for City Staff has consulted with the City attorney to develop a naming rights policy for your consideration. The naming policy is designed to guide the selection ofr names for city facilities and parks, ensuring theyl honor Gatesville's heritage, recognize significant contributions to the community, and enhance civic pride. The Existing named facilities should only be renamed under exceptional circumstances such as the honoring of an exceptional individual or the revocation of an existing name that no longer The authority to name or rename City facilities rests with the City Council. The City Council reserves the right to remove or revoke the name of any city-owned facility The City Council will consider facility naming requeststwice per year. Requests willl be acceptedi in facilities Information: policy also covers corporate sponsorships. General guidelines from the policy are: 1. 2. 3. 4. represents the City's values. January and. July of each calendar year. Financial Impact: N/A Staff Recommendation: Staff recommends that the City Council approve adopting a naming policy for City facilities Motion: Attachments: Imake a motion to approve adopting a naming policy for Cityf facilities. City of Gatesville Facility Naming Policy Staff Contacts: Mike Halsema, Deputy City Manager mhalsemaPsatesyiletcon P180 CITY OF GATESVILLE CITY FACILITY NAMING POLICY Purpose This Policy establishes a process and criteria for the consideration of requests from the public, City Council, or City staff for the naming or renaming of City facilities. Policy Statement Iti is the policy of the City of Gatesville to name or rename city-owned buildings, parks, trails, recreation facilities based upon the procedures outlined in this policy. This policy supersedes all other existing naming policies. General Guidelines 1. Existing named facilities should only be renamed under exceptional circumstances such as the honoring of an exceptional individual ort the revocation of an existing name that no longer represents the City's values. 2. The authority to name or rename City facilities rests with the City Council. 3. The City Council reserves the right to remove or revoke the name of any city- 4. The City Council will consider facility naming requests twice per year. Requests owned facility will be accepted in January and July of each calendar year. Qualifications for Naming/Renaming of City Facilities Qualifying criteria include the following: A. Names to Avoid categories of names: When considering naming request, the City Council will avoid the following 1. Cumbersome, corrupted, profane, derogatory, or discriminatory names 2. Names relating to age, race, religion, creed, national origin, sex, color, 4. Names that are duplicate in sound or pronunciation to other City a. Does the name have cultural, or social significance for current and marital status, disability, or sexual orientation 3. Names having political affiliation facilities B. Significance of the Proposed Name future generations? b. Does the name engender a positive image? 1 P181 C. Does the name symbolize a major achievement or advancement for the d. Is the name suitable based on the location of the facility to be e. Is the name free of unintentional meaning that could reflect poorly on community? namedrenamed? the City of Gatesville? C.H Honoring Exceptional Individuals exceptional individual who: The City Council will considernaminglenaming requests to honor an a. Was/ls a dedicated supporter of the community b. Has made a lasting and significant contribution to the City of Gatesville C. Has made substantial contributions to the betterment of a specific facility d. Has had a positive impact on the lives of Gatesville residents e. Has demonstrated a service record of volunteerism in the community for The City Council may consider names of elected officials currently in office. Additionally, City Council may consider the names of individuals currently living or area many years as well as deceased individuals. D. Major Gifts The City Council will consider naming requests to honor benefactors that make major contributions toward particular City facilities. Major contributions include: Deeding to the City the land where the facility will be located Paying a significant portion of the capital costs for the construction of the h. Establishing a long-term endowment for the repair and maintenance of The City will provide no benefit to the benefactor in return for the contribution. Requests will be evaluated on an individual basis by the City Council with a "yes or no" recommendation from any associated City board or commission. The City Council may elect to sell the naming rights to certain City facilities. This may be accomplished through the Request for Proposals (RFP)process or through the acceptance of unsolicited proposals from interested Corporate logos, brands, and insignias shall be allowed as part of the naming rights SO long as it does not result in the over.commerc.alzation of the public facility the facility E. Corporate SPonsorsnps/Naming Rights corporations. 2 P182 facility. The City Council will evaluate the proposals based on: a. The reputation of the corporation facility, building, or major feature b. The alignment of the corporation's products/services with the city park C. - The proposed duration and revenues specified for the naming rights. Alternatively, the City Council may develop a list of City facilities available for corporate sponsorships/naming rights opportunities and assign a predetermined sponsorshp/naming rights value for each respective facility. The City Council may elect to decline any sponsorship offer deemed inappropriate or unacceptable. Requests to Name/Rename City Facilities Requests to name or rename City facilities may come from the general public (city residents, business community, HOAS, civic organizations), City staff, or City Council members. Allrequests must be made via application to the City Manager or designee. Naming requests must include the following: 1. The proposed name 2. An explanation of why the City facility should be named or renamed 3. Description of the proposed namesake's contribution to the community 4. Any other justification for assigning the proposed name to the specific City facility including, but not limited to identification of major gift or corporate 5. Petition containing the required number of verifiable signatures of Gatesville sponsorship proposed residents as indicated below Requests Made By The Public A. Request to name a major facility must have at least 100 verifiable signatures of Gatesville residents for consideration. Major facilities include City buildings, B. Requests to name a minor facility must have at least 50 verifiable signatures of Gatesville residents for consideration. Minor facilities include rooms, pavilions, parks, trails, etc. bridges, fountains, features, walkways, etc. Requests Made By City Council Members Members of the City Council may submit naming requests for consideration at any time with no requirement that a petition be included. However, Councilmember requests to name/rename City facilities must have the support of at least one other Council member before being presented to the entire City Council for consideration. 3 P183 Process for Reviewing Naming Request requestor's proposal in consideration of this policy. The City Manager shall direct staff to review the naming requests and evaluate the Staff will consider the following when reviewing naming requests: A. Impact on public safety B. Financial impact associated with changing signs, plaques, markers, etc. C. Appropriateness of proposed name based on the facility naming criteria D. Input from the appropriate City board or commission ("yes or no" City staff shall complete its evaluation within 30 days of receiving the request and forward the naming suggestion to the appropriate City board or commission for a "yes or no" recommendation. Naming requests shall be submitted for City Council consideration within 30 days after the City board or commission makes its established by this policy recommendation) recommendation. City Council Adoption A. Renaming of Existing City Facilities The City shall publish notice of the public meeting at which it will consider renaming of existing city facilities in accordance with the Texas Open Meetings Act. The public may attend and provide public comment regarding the proposed renaming prior to., the City Council consideration of adoption of a resolution officially renaming the City facility. B. Naming of New City Facilities The City Council shall publish notice of the public meeting at which it will consider the naming of a city facility in accordance with the Texas Open meetings Act. The public may attend and provide public comment regarding the proposed naming prior to the City Council consideration of adoption of a resolution officially naming the facility, park, or feature. C. The City Council reserves the right to deny any naming/renaming request for any reason, including but not limited to the determination that the proposed naming/renaming is not in the best interest of the City, regardless of the recommendation from staff or City boards and commissions. 4855-7632-2547.V.1 4 P184 Gatesville Spur Capitaloflexas Agenda Item # 16 CITY COUNCIL MEMORANDUM Date: To: From: December 10, 2024 Mayor & City Council Mike Halsema, Deputy City Manager Agenda Item: Discussion and possible action regarding award ofac contract for Hot Mix Asphalt Staff advertised for RFP's for hot mix asphalt. Two firms submitted responses: Texas Materials, and Knife Information: River. Pricing in the following table. Bidder Texas Materials Knife River HMAC HCML DELIVERY $ 89.00 $ 93.00 N/A $ 90.00 $125.00 $ 325.00 Staff (Dale Allen, and Chad Newman) evaluated the RFP's and both recommended Knife River, results in the table below. Dale AVIALIBITY 50% 50% 45% 50% 50% 100% 95% Chad AVIALIBITY! 50% 50% 40% 50% 50% 100% 90% COST50% COST50% Texas Materials Knife River Though Texas Materials had a slightly lower per ton cost, they sometimes are unable to produce the materials when needed. Knife River has the ability to deliver the asphalt to job sites, which is important as the City does not have the capability to transport larger loads with existing equipment, requiringa 3rd party for deliveries. Financial Impact: N/A Staff Recommendation: Staffrecommends that the City Council approve a contract with Knife River for hot mix asphalt needs. P185 Motion: Attachments: Submitted bids Imake a motion to approve the award of a contract to Knife River for hot mix asphalt needs. Staff Contacts: Mike Halsema, Deputy City Managermhalsemaeratesyillekx.com P186 City D Gatesville Spur Capital ofTexas REQUEST FOR PROPOSALS (RFP) FOR Annual Unit Price Contract for Hot Mix Asphalt Type D HMAC & HCML BIDDER'S! NAME Knife River - South PLEASEPRIMTCLEARLN, CHECKLIST OFITEMSTO BE RETURNED The following items shall be returned in order for the bid submittal to be considered acceptable: JCompleted Unit Price Schedule Completed required State forms P187 ADVERTISEMENT FOR SEALED COMPETITIVE PROPOSALS RFP 2024-001 Sealed competitive bids, in envelopes addressed to the City of Gatesville, 803 E Main Street Gatesville, TX 76528 for the Hot Mix DI HMAC & HCML, RFP 2024-001, in the City of Gatesville, Texas, will be received at the above-mentioned address until 2 pm, December 2, 2024, at which Submittals will be submitted in sealed envelopes and marked' "Hot & Cold Mix Asphalt Type D Bid." 1.The Contract Documents and Specifications are available at the City of Gatesville webpage ps/wgatylek.om, by selecting the link(s) under the subheading Government and' "Bids and RFPS". Questions and requests for additional information shall be sent by email to: msmanccatyll3cmn For this project, all bidders will be required to accept Addenda and other pertinent information by email, as well as provide written acknowledgement of Addenda as prescribed in the Instructions to Bidders. No questions or requests for additional information Bid packages will be available at the City of Gatesville City Hall, located at 803 El Main Street The City of reserves the right to waive any informality that is not detrimental to any other bidder or potential bidder or to reject all bids or to accept the best value bidder that in the judgment of the No bidder may withdraw his bid within sixty (60) days after the actual date of opening thereof. time they will be publicly opened and read aloud. will be accepted later than 5:00 p.m., November 25, 2024. Gatesville, TX 76528 Monday through Friday, 8:00 a.m. to 5:00 p.m. City Council willl be in the best interest of the City. Chad Newman, Public Works Director Newspaper ad published twice: Saturday, November 16, 2024 Saturday, November 23, 2024 Ifyou have any questions, please e-mail at: malilo.cnewman@Gatesvllelx.com. P188 PROPOSAL INSTRUCTIONS Objective of Request for Competitive Sealed Bids process is to competitively procure services with a qualified contractor whose Proposal provides best value for Owner for the project description Annual Unit Price Contract for As-Needed Provision and Delivery ofl Hot Mix Asphalt (HMAC) &/ Hot Mix Cold Lay (HMCL)Type D RFP: 2024-001, in the City of Gatesville, Texas Base Bid: 2,000 Tons of Type D. HMAC per TxDOT llem 340, 800 Tons of Type D HMCL TxDot item 334 along with the point of production of the material. The Cily is looking for Asphalt Production plants within 50 miles from the Center oft the Cily of Gatesville. In considering bids, the Cily MAY consider distance anda apply the IRSI issued Standard Mileage Rate per mile to the overall below: cost of the material, 1. PROPOSAL EVALUATION Proposals will be received, publicly opened, and names and monetary Proposals of each Offeror read aloud. Subsequently, Proposals will be ranked according to criteria described in this Document. Both cost and non-cost factors will be evaluated according to section 2269 of the local Complete sets of Bid Documents must be used in preparing Proposals; Owner does not assume any responsibility for errors or misinterpretations resulting from use of incomplete sets of Bid Documents. Dates, locations, and times of the proposal submittal are outlined in the Advertisement government code. for Proposal. 2. SELECTION CRITERIA Owner will consider several factors in selecting a winning bidder as noted in the section 2269 of the of State of Texas Government Code, and other applicable state codes which allow and will provide best value to Owner. Bids will be evaluated using the following criteria and weighting: 1. Proposed Material Cost: Offeror's Proposed Cost of Materials shall bei indicated in the Bid 2. The ability of the bidder to supply materials: Provide information about the offeror's ability orF Proposal Form. tot timely produce materials and delivery. The criteria and weighting for the ranking of Offeror's Proposals is as outlined Below: Item No. 1.N Material Cost 2. Material availability Evaluation Criteria Points 50 50 100 TOTAL Evaluation and ranking of Proposals will be completed no later than 45th calendar day from date of Proposal opening. Offerors are requested not to withdraw their Proposals within 60 calendar days from date on which Proposals are opened. Proposal Security of highest-ranking firms will be Owner reserves right to adopt most advantageous interpretation of Proposals submitted in case of ambiguity or lack of clearness in stating Proposal Prices, to reject any or all Proposals, and/or held by Owner until contract negotiations are finalized. waive informalities. P189 BID SHORT FORM Type DI HMAC & HMCL: RFP: 2024-001 We, the undersigned, propose to furnish materials and guarantee that if we are awarded the bid, we will furnish the goods in accordance with the following specifications. The Owner is exempt from payment of State and Local sales, excise and use taxes under section 151.309 of the Texas Tax Code. Tons shown are anticipated amounts required over the course ofayear. THIS FORM MAYI BE COPIED UNIT PRICE: $ 90.00 per ton for up to 2,000 or more Tons of Asphalt Ty-DH HMAC UNIT PRICE:$. 125.00 per ton for up to 800 or more Tons of Asphalt Ty-D.HMCL Delivery (if available)$ $325.00 pert trip,n mile, olloadcircle one) *deliveryt to areas withint the Gatesville cityl limits, ifavailable with the City for the award of this contract. By submitting this proposal, the submitter understands that they must enter into a one-year agreement EXCEPTIONS: BID PRICE IS GUARANTEED FOR 90 (NINETY) DAYS AFTER BID OPENING BY CITY Authorized Signature: Zilal Printed Name of Signee: Trace VanOrden Name of Firm: Knife River South 12-2-24 Date Signature Firm Address: 2901 Marlin Hwy, Waco, TX76705 Street No& Suite, City, State, ZipCode Telephone Number:12547142758 Email avamoenenteneron All Bids shall be: submitted on forms supplied by the City. Bid documents shall be submitted via mail or in person. Iti is the sole responsibility of the bidder tos see that his bid is received on time. P190 BIDDERS (SUBMITTERS) QUALIFICATIONS: The Citys shall have thei right tot take such steps asi it deems necessaryt to determine the abilityoft the bidder, to perform his obligations under the Contract and the bidder shall furnish the City all such information and data for this purpose, as the City of may request it. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City, whereas the bidder is ESTIMATED QUANTITIES: Iti is estimated that the Owner will purchase the quantity stated int the Bid Form, on an as-needed basis, during the term of the contract. This represents a realistic estimate based on historical data for purposes of securing a quote. The quantities are not firm and are not hereby called for ADDITIONAL QUANTITIES: The Owner anticipates that it may require additional quantities of the goods described in the Bid Form. The bid price will apply to any additional quantities, including quantity discounts applied to the initial purchase. The Owner is not obligated to purchase any additional goods The Contract willl be awardedt to the responsible bidder submitting thel best value evaluated bid complying with the specifications. Asphalt Plant or distribution location must be within 50 miles of the City of Gatesville. The award of the Contract willl be based upon consideration of not only cost, but other factors as noted in Section 252 and 2269 of the Local government Code. The City, however, reserves the right to reject any and all bids and to waive any formality in bids received whenever such rejection or waiver isin the City'si interest. The Bidder to whom the award is made will be notified àt the earliest possible. Please qualified to carry out properly the terms of the contract. or ordered. These estimates do not constitute an order. under this solicitation. see proposal instructions for further guidance. P191 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire reflects changes made tot the law by H.B. 1491, 80th Leg. Regular Session. This questionnaire is being filedi in accordance with Chapter 176, Local Government Code Date Received byap personv who has al business relationship as defined! by Section 176.001(1-a)with: a local governmentale lentity andt the person meets requirements under Section 176.006(a). Byl law this questionnairer must! bet filed with the records administrator oft thel localgovermental entity not later thant the 7th business day after the date the person! becomes aware off facts thati require thes statement to bet filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has al business relationship with local governmental entity. FORM CIQ OFFICE USE ONLY Kmke iver Corp Socr/6 Check this box your are tling an update to a previousy tiled questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete ori inaccurate.) Name of local government officer with whom filer has employment or business relationship. n/A Name of Olicer This section (item 3 including subparts A, B,C&D) must be completed for each officer with whom the filer has ane employment or other business relationship as defined by Section 176.001(1-a), Local Govemment Code. Attach additional pages to this A Is the local govemment officer named in this section receiving or likely to receive taxable Income, other than investment Form CIQ as necessary. income, from the filer of the questionnaire? Yes No B Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local govemment officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local govemment officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4 Signature ofp person doing business with the govemmental entity Date 12-2-24 Zoe Z Adopted 06/29/2007 P192 Form TGC: 2270 Contract identifier: Department: VERPICAIONREOURED BYTEXASGOVERNMENT CODE CHAPTER 2270 By signing below, Company herby verifies the following: SIGNED BY: Ctah Print Name of Person Trace VanOrden 1. Company does not boycott Israel; and 2. Company will not boycott Israel during thet term of the contract. 72-2-24 Signing, Title, and Company Date signed: STATE OF TEXAS COUNTYOF behalf of KRC correct.. Knife River South 12-2-24 BEFORE ME, the undersigned Notary Public on this day personally appeared Irue onena on verification required by Texas Government Code Section 2270,002 and said statements contained therein aret true and (Company) who being duly sworn, stated under oath that he/she has read the foregoing SWORN AND SUBSCRIBED TO before me, this_ 2 dayof Dec 2024 aua Samhck NOJARY OF PUBLIC, FORTHE STATE OF TEXAS JANALAMBERT My Commission ID#128588474 Expires April 18, 2027 My Commission Expires: 4-18-2027 Effective: September 1, 2017 (1) does not boycott Israel; and The following definitions apply: Government Code S: 2270.002. Provision Required in Contract contract contains a written verification from the company that it: (2) will not boycott Israel during the term of the contract. A governmental entity may note enter into a contract with a company for goods or services unless the (1)" "Boycott Israe!" means refusing to deal with, terminating business activities with, or otherwise taking any action thati is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. (2) "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those (3)* "Governmental entity" means a state agency or political subdivision of this state. State law requires verification from a Company for contracts involving goods or services (regardless of the amount) before the City can enter into the contract. entities or business associations that exists to make a profit. P193 CIty Gatesville Spur Capital ofTexas REQUEST FOR PROPOSALS (RFP) FOR Annual Unit Price Contract for Hot Mix Asphalt Type D HMAC & HCML BIDDER'SNAME PLEASEPAIMTCEARL CHECKIIST OF ITEMSTO BEI RETURNED The following items shalll be returned in order: for thel bid submittal to be considered acceptable: Çompleted Unit Price Schedule Completed required State forms P194 ADVERTISEMENT FOR SEALED COMPETITIVE PROPOSALS RFP 2024-001 Sealed competitive bids, in envelopes addressed tot the City of Gatesville, 803 E Main Street Gatesville, TX7 76528 for the Hot Mix D HMAC & HCML, RFP 2024-001, in the City of Gatesville, Texas, will be received at the above-mentioned address until 2 pm, December 2, 2024, at which Submittals will be submitted in sealed envelopes and marked "Hot & Cold Mix Asphalt Type D Bid." 1.7 The Contract Documents and Specifications are available at the City of Gatesville webpage ps/wwwgatsyet.conm by selecting the link(s) under the subheading Government and' "Bids and RFPs". Questions and requests for additional information shall be sent by email to: eAneGAtEVIEIkC. For this project, all bidders will be required to accept Addenda and other pertinent information by email, as well as provide written acknowledgement of Addenda as prescribed in the Instructions to Bidders. No questions or requests for additional information Bid packages willl be available ati the City of Gatesville City Hall, located at 803 E Main Street The City of reserves the right to waive any informality thati is not detrimental to any other bidder or potential bidder or to reject all bids or to accept the best value bidder that in the judgment of the No bidder may withdraw his bid within sixty (60) days after the actual date of opening thereof. time they will be publicly opened and read aloud. will be accepted later than 5:00 p.m., November 25, 2024. Gatesville, TX 76528 Monday through Friday, 8:00 a.m. to 5:00p.m. City Council willl be int thel best interest of the City. Chad Newman, Public Works Director Newspaper ad published twice: Saturday, November 16, 2024 Saturday, November 23, 2024 Ify you have any questions, please e-mail at: maito.cnewman@catesvileIx.com. P195 PROPOSAL INSTRUCTIONS Objective of Request for Competitive Sealed Bids process is to competitively procure services with a qualified contractor whose Proposal provides best value for Owner for the project description Annual Unit Price Contract for As-Needed Provision and Delivery ofH Hot Mix Asphalt (HMACI &Hot Mix Cold Lay (HMCL) Type D RFP: 2024-001, in the City of Gatesville, Texas Base Bid: 2,000 Tons of Type D HMAC per TxDOT Item 340, 800 Tons of Type DI HMCL TxDot item 334 along with the point of production of the material. The City is looking for Asphalt Production plants within 50 miles from the Center of the City of Gatesville. In considering bids, the City MAYconsider distance and apply the IRS issued Standard Mileage Rate peri mile to the overall below: cost of the material. 1. PROPOSALFVALUATION Proposals willl be received, publicly opened, and names and monetary Proposals of each Offeror read aloud. Subsequently, Proposals will be ranked according to criteria described in this Document. Both cost and non-cost factors will be evaluated according to section 2269 of the local Complete sets of Bid Documents must be used in preparing Proposals; Owner does not assume any responsibility for errors or misinterpretations resulting from use of incomplete sets of Bid Documents. Dates, locations, and times of the proposal submittal are outlined int the. Advertisement Owner will consider several factors in selecting a winning bidder as noted in the section 2269 of the of State of Texas Government Code, and other applicable state codes which allow and will provide best value to Owner.. Bids will be evaluated using the following criteria and weighting: 1. Proposed Material Cost: Offeror's Proposed Cost of Materials shall be indicated in the Bid 2. The ability of the bidder to supply materials: Provide information about the offeror's ability The criteria and weighting for the ranking of Offeror's Proposals is as outlined Below: government code. forl Proposal. 2. SELECTIONCRITERA orF Proposal Form. tot timely produce materials and delivery. Item No. 1. Material Cost 2. Material availability Evaluation Criteria Points 50 50 100 TOTAL Evaluation and ranking of Proposals will be completed no later than 45th calendar day from date of Proposal opening. Offerors are requested not to withdraw their Proposals within 60 calendar days from date on which Proposals are opened. Proposal Security of highest-ranking firms will be Owner reserves right to adopt most advantageous interpretation of Proposals submitted in case ofa ambiguity or lack of clearness in stating Proposal Prices, to reject any or all Proposals, andlor held by Owner until contract negotiations are finalized. waive informalities. P196 BIDS SHORT FORM Type DI HMAC & HMCL: RFP 2024-001 We, the undersigned, propose toi furnish materials and guarantee that ifwe are awarded the bid, we will furnishi the goods in accordance with the following specifications. The Owner is exempt from payment of State and Locals sales, excise and uset taxes under section 151.309 oft the Texas Tax Code. Tons shown are anticipated amounts required over the course ofay year. THIS FORM MAY BE COPIED UNIT PRICE:$ $89.00 per ton for up to 2,000 or more Tons of Asphalt Ty-D HMAC UNIT PRICE:$. $93.00 per ton for upi to 800 or more Tons of Asphalt Ty-D.HMCL Delivery (ifa available)$ NA per trip, mile, or load (Cirdec one) *deliveryt toa areas withint the Gatesville cityl limits, ifavailable with the City for the award of this contract. By submitting this proposal, the submitter understands that they must enteri into a one-year agreement EXCEPTIONS: BID PRICE IS GUARANTEED FOR 90 (NINETY) DAYS AFTER BID OPENING BY CITY Authorized Signature: AA Printed Name of Signee: Adam Nussonn Name of Firm: Texas Materials Group, Inc. u21l2ent Date Signature Firm Address: 1320 Arrow Point Dr, Ste 600 Cedar Park, TX 78613 Street! No&s Suite, City, State, ZipCode Telephone Number: 214. 312-4282 Email dCtsAt. Con All Bids shall be submitted on forms supplied by the City. Bid documents shall be submitted via mail or in person. Itis the sole responsibility of the bidder to see that his bid is received on time. P197 BIDDERS (SUBMITTERS) QUALIFICATIONS: The Citys shall havet the right tot takes suchs steps asi it deems necessary to determinet the abilityo of the! bidder, to perform his obligations under the Contract and the bidder shall furnish the City all such information and data for this purpose, as the City of may request it. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City, whereas the bidder is ESTIMATED QUANTITIES: Iti is estimated that the Owner will purchase the quantity stated ini the Bid Form, on an as-needed basis, during the term of the contract. This represents a realistic estimate based on historical data for purposes of securing a quote. The quantities are not firm and are not hereby called for ADDITIONAL QUANTITIES: The Owner anticipates that it may require additional quantities of the goods described in the Bid Form. The bid price will apply to any additional quantities, including quantity discounts applied to the initial purchase. The Owner is not obligated to purchase any additional goods The Contract willl be awardedi tot ther responsible. bidders submitting the best value evaluated bid complying with the specifications. Asphalt Plant or distribution location must be within 50 miles of the City of Gatesville, The award of the Contract will be based upon consideration ofr not only cost, but othert factors as noted in Section 252 and 2269 of the Local government Code. The City, however, reserves the right to reject any and all bids and1 to waive any formality in bids received whenever such rejection or waiver isi in the City's interest. The Bidder to whom the awardi is made willl be notified at the earliest possible. Please qualified to carry out properly thet terms of the contract. orordered. These estimates do not constitute an order. under this solicitation. see proposal instructions for further guidance. P198 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 8Dth Leg., Regular Session. This questionnaire is being filedi in accordance with Chapter 176, Local Government Code Date Received by ap persony who has ab business relationship as defined! by Section 176.001(1-2)with: al local governmentalentitly: andt thep person meets requirements under Section 176.006(a). By lawt this questionnaire must! bei filedy with the records administrator oft thel local governmental entity notl later than the 7th! business day after the date they person! becomes aware ofi facts that require the statement to! bet filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. FORM CIQ OFFICE USE ONLY Check this box Ty you are ning an update lo ap previously ed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete ori inaccurate.) Name of local government officer with whom filer has employment or business relationship. NA Name of Oficer This section (item 3 including subparts A, B,C&D D) must be completed for each officer with whom the filer has ane employment or other business relationship as defined by Section 176.001(1-a), Local Govemment Code. Attach additional pages to this A Is the local government officer named ini this section receiving or likely to receive taxable income, other than investment Form CIQ as necessary. income, from the filer of the questionnaire? Yes No B Ist the filer oft the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local govemmental entity? Yes No C. - Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local govemment officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4 Signarhre person doig business with the governmental entity Date uailant T 7 Adopted 06/29/2007 P199 Form TGC. 2270 VERIFICATION REOUIRED HYTEMASCOVIRMMENT CODE CHAPTER 2270 Contract identifier: Hot Mix D HMAC & HCML, RFP 2024-001 Department: City of Gatesville By signing below, Company herby verifies thet following: SIGNED BY: A Print Name of Person Aden Asan 1. 2. Company does not boycott Israel; and Company will not boycott Israel during the term of the contract. Signing, Title, and Company Date signed: STATE OF TEXAS COUNTY OFMLAna4 Avis Maa - Tkas Mshakk Grup u/alezt 9 BEFORE ME, the undersigned Notary Public on this day personally appearedAdau Neusan/Name), on behalf of Texas Mlatana//Company) whol being duly swom, stated under oath that he/she has read the foregoing verification required by Texas Government Code Section 2270.002 and said statements containedi therein are true and SWORN. AND SUBSCRIBED TO before me, this_ 17 day of Novenhis 20_24 correct.. hA Hia Resicha NOTARYOFI PUBLIC, FOR THE STATE OF TEXAS My Commission Expires: 8/22-12005 Effective: September 1, 2017 (1) does not boycott Israel; and The following definitions apply: CYNTHIA FRERICHS Notary Public, State of Texas Comm. Expires 08-22-2025 Notary ID 125052592 Government Code S 2270.002. Provision Required in Contract contract contains a written verification from the company thati it: (2) will not boycott Israel during the term oft the contract. Agovernmental entity may note enter into a contract with a company for goods or services unless the (1) "Boycott Israe!" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, infict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israelicontrolled territory, but does not include an action madei for ordinary business purposes. (2) "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those (3)" "Governmental entity" means a state agency or political subdivision of this state. State law requires verification from a Company for contracts involving goods or services (regardless of the amount) before the City can enter into the contract. entities or business associations that exists to make aj profit. P200 Gatesville Spur Capital ofTexas Agenda Item # 17 CITY COUNCIL MEMORANDUM Date: To: From: Agenda Item: December 10, 2024 Mayor & City Council Holly Owens, City Secretary Discussion regarding Ordinance 2024-13, amending the Gatesville Code of Ordinances at Chapter 10 Buildings and Building Regulations, Article II Technical Codes, Division 1. - Generally, by adding new sections; Creating Section 10-26 = Carport Regulations; providing a severability clause; providing a savings clause; and providing for an effective date. Information: In accordance with the vision of the City of Gatesville City Council and its citizens, an Carports are defined as a covered structure used to offer limited protection to vehicles, primarily cars, from the rain and sun exposure. The structure can either be free standing ordinance regulating carports has been created. orattached to a wall/roofline and is open on two or more sides. The regulations presented in the ordinance are based on zoning such as the setbacks. However, all carports are required to slope to allow for rain runoff to prevent significant damage such as leaks, mold growth, structural weakening, and deteriorationdfmaterials: Rain gutters are required on carports on the outer side to move rain runoff towards the front to prevent excessive runoff onto neighboring property. Support beams and posts may be constructed with 100 % masonry veneering, galvanized steel, and wood, but all posts Westview Drive are required to be anchored to the ground to aid in maintaining structural integrity during straight line winds, and all carports shall be built over a concrete slab with steel reinforcement. P201 Existing carports that do not meet the new regulations will be grandfathered "legal non- conforming". However, they cannot be altered or moved, or they will be required to meet the new regulations. Financial Impact: There is no fiscal impact. Staff Recommendation: The staff recommends passing Ordinance 2024-13 adopting the amendment to the Gatesville Code of Ordinances at Chapter 10 Buildings and Building Regulations, Article II Technical Codes, by adding new sections; Creating Section 10-26- - Carport Regulations. Motion: Imake a motion to pass Ordinance 2024-13 adopting the Westview Drive amendment to the Gatesville Code of Ordinances at Chapter 10 Buildings and Building Regulations, Article II Technical Codes, by adding new sections; Creating Section 10-26 - Carport Regulations to the next meeting. Attachments: Draft Ordinance Staff Contacts: Holly Owens oensesatesylet.com Westview Drive P202 ORDINANCENO.: 2024-13 AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDING THE GATESVILLE CODE OF ORDINANCES AMENDING CHAPTER 10 = BUILDINGS AND BUILDING REGULATIONS, ARTICLEIL.TECHNICAL CODES, DIVISION1.- GENERALLY, BY ADDING NEW SECTIONS; CREATING SECTION 10-26 = CARPORT REGUULATIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City ofGatesvilleisal Home Rule Municipality operating under the laws WHEREAS, the City Council may establish building regulations within the corporate WHEREAS, the City Council has determined that it would serve the public health, safety and welfare and be advantageous and beneficial to the citizens oft the City of Gatesville, Texas to NOW,THEREFORE, BE] IT ORDAINED BYTHE CITY COUNCIL OF THE CITY SECTION1. The findings set forth in the above preamble to this Ordinance are determined to SECTION2. The Code ofOrdinances of the City ofGatesville, Texas is hereby amended by amending Chapter 10, Buildings and Building Regulations, Article II, Technical Codes, Division 1,Generally, by adding ai new section 10-26 "Carport Regulations" to read in its entirety as oft the State ofTexas; and limits oft the city; and establish by ordinance regulations for carports; OF GATESVILLE, TEXAS, THAT: be true and correct and are adopted and incorporated herein. follows: "Chapter 10 - Buildings and Building Regulations ArticleI II-Technical Codes Division 1- Generally Sec. 10-26 Carport Regulations (a) Carport defined. A carport is a covered structure used to offer limited protection to vehicles, primarily cars, from rain and sun exposure. The structure can either be free (b) In AG, R-SF, and R-MH zoning districts, a carport is allowed with the following standing or attached to a wall/roofline and is open on two more sides. regulations and setbacks: i. One (1) carport per residential structure. ii. Maximum carport height 10-ft. Page 1of4 P203 ii. Roofline is required tol bes sloped towards the street at 1:80 or 0.72 degrees iv. Rain gutters aret required on the outer side to move rain runofftowards the vi. Support beams andj posts may be constructed with thei following materials: or 2:12 roof pitch. front to prevent excessive rain on neighboring property. V. Carport is required to be open on two (2) or more: sides. 1. 100% masonry veneering 2. Galvanized steel 3. Wood vii. All posts shall be anchored to the ground. viii. Concrete slab 15-20 cm with steel reinforcement. ix. Setbacks: 1. Side yard - 6-ft. 2. Side yard facing a street - 10-ft. 3. Rear yard - 10-ft. 4. Front yard - 15-ft. (c) Inl R-TH, R-2F, R-MF, and R-MHP zoning districts, a carport is allowed with the following regulations and setbacks: i. One (1) carport per residence. ii. Maximum carport height 10-ft. iii. Roofline: is required tol be sloped towards the street at 1:80 or 0.72 degrees or 2:12 roof pitch. Roofline is continuous for multiple parking spaces. iv. Rain gutters are: required on the outer side to move rain runofftowards the front to prevent excessive rain on neighboring property. V. Carport is required to be open on two (2) or more sides. vi. Support beams and posts may be constructed with the following materials: 1. 100% masonry veneering 2. Galvanized steel 3. Wood vii. All posts shall be anchored to the ground. viii. Concrete slab 15-20 cm with steel reinforcement. ix. Setbacks: 1. Side yard - 20-ft. 2. Side yard facing a street - 20-ft. 3. Rear yard - 20-ft. 4. Front yard - 20-ft. (d) In CF, C-G, DT, and IND zoning districts, a carport is allowed with the following regulations and setbacks: No carport allowed beyond the front building line. Page 2of4 P204 ii. Maximum height 10-ft. iii. Roofline is required to be sloped towards the street at 1:80 or 0.72 degrees or2:12 roofpitch. Roofline is continuous for multiple parking spaces. iv. Rain gutters are required on the outer side to move rain runoff towards the front to prevent excessive rain on neighboring property. V. Required to be open on two (2) or more sides. vi. Support beams and posts may be constructed with the following materials: 1. 100% masonry veneering 2. Galvanized steel 3. Wood vii. All posts shall be anchored to the ground. viii. Concrete slab 15-20 cm with steel reinforcement. ix. Setbacks: 1. Side yard - 10-ft. 2. Side yard facing a street - 20-ft. 3. Rear yard -2 20-ft. Sections 10-27 through 10-53 Reserved. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or the application thereofto any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions ofthis Ordinance, and the City Council ofthe City of Gatesville, Texas, hereby declares SECTION 4. Iti is officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and the public notice of the time, place and SECTION5. This Ordinance shall become effective immediately upon its passage and approval. The foregoing Ordinance No. 2024- was read the first time and passed to the second reading The foregoing Ordinance No. 2024- was read the second time and passed to thei third reading The foregoing Ordinance No. 2024- was read the third time and was passed and adopted as an itv would have enacted such remaining portions despite any such invalidity. purpose oft this meeting was given as required by law. this this day of day of 20 20_ day of Ordinance to the City of Gatesville, Texas, this 20 BY: Page 3of4 P205 GARY M. CHUMLEY, MAYOR ATTESTED: APPROVED ASTOFORM: HOLLY OWENS, T.R.M.C. CITY SECRETARY 4861-6473-3183, v.1 VICTORIA THOMAS CITY ATTORNEY Page 40 of4 P206 Gatesville Spurcapitaluflasa Agenda Item #18 Date: To: From: CITY COUNCIL MEMORANDUM December 10, 2024 Mayor & City Council Holly Owens, City Secretary Agenda Item: Discussion and possible action regarding Ordinance 2024-11, amending the Gatesville Code of Ordinances by amending Chapter 48 Subdivisions; providing a severability clause; providing a savings clause; and providing for an effective date. The subdivision ordinance was adopted in Januàry 2019, (Ordinance 2018-10) and This amendment is adding definition and procedure language for minor plats. Staff are also amending language to require a performance bond in lieu of a line of credit. The performance bond takes the protection a step further and ensures the contractor upholds their contractual obligations specified, is valid for the duration of the project, and the coverage is 100% of the contracted amount. The remainder of the ordinance is The first reading was held on October 22, 2024, with a vote of 5-0-0. The second reading was held on November 14, 2024, with a vote of 5-0-0. This is the third and final reading. Information: legislatively amended in February 2020, (Ordinance 2020-01). housekeeping to bring items current with legislation and standards. Financial Impact: There is no fiscal impact. Staff Recommendation: The staff recommends passing Ordinance 2024-11 amending the Gatesville Code of Ordinances by amending Chapter 48 Subdivisions; providing aseverability clause; providing a savings clause; and providing for an effective date. Motion: Imake a motion to pass Ordinance 2024-11 adopting the amendment to the Gatesville Code of Ordinances by amending Chapter 48 - Subdivisions. Attachments: Draft Ordinance Staff Contacts: Holly Owens owens@gaesylet.con P207 ORDINANCE NO. 2024-11 AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDING THE GATESVILLE CODE OF ORDINANCES BY AMENDING CHAPTER 48 = SUBDIVISIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ofthe State ofTexas; and limits ofthe city; and WHEREAS, the CityofGatesvilleis: a Home Rule! Municipality operating under thel laws WHEREAS, the City Council may establish subdivision regulations within the corporate WHEREAS, the subdivision ordinance was adopted in January 2019, (Ordinance 2018- 10) and legislatively amended in February 2020, (Ordinance 2020-01); and WHEREAS, this is an amendment to Chapter 48 - Subdivisions; and NOW, THEREFORE, BEITORDAINED BYTHE CITYCOUNCILOFTHECITY OF GATESVILLE, TEXAS, THAT: SECTION1. The findings set forth int the above preamble to this Ordinance are true and correct SECTION2. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-1 "Authority and Scope" by repealing and and are hereby adopted. replacing section 48-1 to read in its entirety as follows: SEC.4EL-AUTHORITY AND SCOPE. This chapter shall be cited as the Subdivision Ordinance of the City of Gatesville, Coryell County, Texas. This chapter is adopted under the authority ofTexas Local Government Code Chapter 212 regarding Municipal Regulation of Subdivisions and Property Development, as amended. The regulations contained herein shall govern every subdivision of land as defined within the corporate limits and extraterritorial jurisdiction ofthe city. The purpose oft this chapter is to provide for the orderly, safe and healthy development of the areas within the city and its extraterritorial jurisdiction. Specifically, this chapter is intended to coordinate the orderly subdivision of property along with other city ordinances relating to flood prevention and protections, zoning, site development review, building codes and (1) Authority ofthe planning and zoning commission. The planning and zoning commission is given the responsibility and authority to review and to approve, conditionally approve, or disapprove subdivisionplats: and vacated plats within 30 days of from the date of the applicant's complete other development-related codes. Page 1of24 P208 submission. All land within the city or its ETJ hereafter subdivided intol lots, blocks, or other parcels, shall be laid out subject to review and approval by the planning and zoning commission. All other subdivisions or plats are illegal and shall not be recognized by the city. The planning and zoning commission shall forward all plats to the city council upon approval. (2) Authority of the city council. The city council shall have the responsibility and authority to review and approve, conditionally approve, or disapprove plats for subdivision, selected plats not covered by section 48-23 and vacated plats within 30 days of the planning and zoning commission's approval. All land within the city or its ETJ hereafter subdivided into lots, blocks, or other parcels, shall be laid out subject to review and approval by the city council with the exception of amending plats or minor plats. All other subdivisions or plats arei illegal and shall not bei recognized by the city. (3) Other authority. Amending plats and minor plats shall be administratively approved by the city manager. In the event that an amended plat or minor plat is submitted to the city manager and the city manager does not approve the plat, the city manager shall refer the plat with his rationale to the planning and zoning commission to approve or disapprove within 30 days ofthe submission date." SECTION3. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-3 "Definitions" by repealing and replacing section 48-3 to read in its entirety as follows: "SEC. 48-3. DEFINITIONS. a different meaning: The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed tot them int this section, except where the context clearlyindicates Citymeans the City ofGatesville, Coryell County, Texas. Any referencet to an act of the city shall be deemed to include acts of the city council or other such Concept plan means the initial project layout that provides an opportunity to review and evaluate the impact ofa proposed development on the character of the surrounding area in which it is proposed to be located. The process takes into consideration the general form ofthe land before and after development, as well as the spatial relationship of the proposed structures, open space, landscape areas, parking, and general access and circulation patterns as they relate to the proposed elected governing body oft the city. development and the surrounding areas. County means Coryell County, Texas. County commissioners' court means the duly and constitutionally elected Developer means any person, firm or corporation subdividing or developing a governing body of the county. tract or parcel ofland to be sold or otherwise marketed. Page 2of24 P209 Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, Division means the result of dividing a tract ofland in two or more parts using ai metes and bounds description in a deed of conveyance, ori in a contract for a deed, by using a contract for sale or other executory contract to convey, or by using any Engineer means a person licensed and authorized to practice engineering in the state under the Texas Engineering Practice Act (Texas Occupations Code $ Engineering drawings. Typically, where applicable, includes, but is not limited to, water layout, sewer layout, drainage and topography, streetlight layout, street plan and profile sheets, sewer main plan and profile, water utility details, sewer utility details, paving details, drainage details, erosion and sedimentation control plan and standard construction details to provide greater detail to a plat. Engineering drawings shall be prepared and sealed by a state-licensed professional engineer and shall conform to the general requirements and minimum standards of Lot means a physically undivided tract or parcel ofl land having frontage on a public street and which is, or in the future may be, offered for sale, conveyance, transfer, lease or improvement, which is designated as a distinct and separate tract, and which isi identified by a lot number or tract symbol on an approved subdivision Corner lot means al lot abutting two or more streets at their intersection. Double frontage lot means a lot that fronts and backs on two streets. Front lot or frontage lot means that portion of a lot or tract of land which is the principal side ofaj property, and which abuts on aj public street. This lot shall be the same side in which direction al building will face and the side on which there is OSSF means on-site sewage facilities as that term is defined in rules and/or regulations adopted by the Texas Commission on Environmental Quality (TCEQ), Pavement width. Pavement width dimensions include back-of-curb to back- filling, grading, paving, excavation, or drilling. other method. 1001.001 et seq.). design and requirements as presented in this chapter. plat which has been officially recorded. the main entrance. including, but not limited to, 30Tex. Admin. Code Chapter 285. of-curb. Plat, dependent on the type means the following: Amending plat. A replat addressing minor changes, correction of clerical errors, or limited modifications affecting a limited number of property owners or lots, such as correcting errors and omissions in course or distance, real property descriptions, monuments, lot numbers, acreage, street names, adjacent recorded plats, and other clerical error or omission, in compliance with LGC212.016. Page 30 of24 P210 Final plat. A final plat is a plat satisfying applicable local regulations for a final plat and is the plat that is recorded. A final plat must be consistent with any approved preliminary plat. The differences between an approved preliminary plat Minor plat. A plat dividing up property into four or less lots, fronts an existing Preliminary plat. A preliminary plat is the initial plat prepared by a land surveyor on behalfofal landowner and submitted for "preliminary" city approval as Replat. A replat is a new plat ofall or a portion of a previously approved plat. and a final plat are generally surveying details and format. street, and does not require public improvements. part of the platting process. Usually, it is conceptual in nature. Replats eliminate the prior plats as to the area replatted. Public utility means: (1) City-owned, -operated, and -maintained utilities, including water, sewer, (2) Utilities such as electric, gas, telephone, and cable television which are regulated by the state and/or have a franchise agreement with the city to own, operate, and maintain utilities ini the public rights-of-way and easements. Sewerage facilities or wastewater treatment facilities means the devices and systems which transport domestic wastewater from residential property, treat the wastewater, and dispose oft the treated water in accordance with the minimum state Subdivider means any owner of land or authorized agent thereof proposing to Subdivision means any tract ofland divided into two or more parts that results in the creation of two or more lots of less than five acres each. A subdivision includes re-subdivision (replat) ofland which was previously divided. Surveyor means al licensed statel land surveyor orar registered professional land surveyor, as authorized by the Professional Land Surveying Practices Act (Texas TAC means Texas Administrative Code, as compiled by the Texas Secretary TCEQ means the Texas Commission on Environmental Quality. Voluntary Annexation means the incorporation of new territory into an Water facilities means any devices and systems which are used in the supply, collection, development, protection, storage, transmission, treatment and/or retail and drainage. standards contained or referenced in this chapter. subdivide or divide land sO as to constitute a subdivision. Occupations Code Chapter 1071). of State. existing city with the consent ofthe property owners. distribution ofwater for safe human use and consumption. SECS. 48-4-10. RESERVED." Page 4of24 P211 SECTION4. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-28 "Fees" by renumbering the section to be section 48-11 and further by repealing and replacing the section in its entirety to read as follows: "SEC. 48-11.FEES. An application fee shall be paid at the time aj preliminary or final plat is submitted for review by the city. (There is no fee for a preliminary conference.) The application fee shall be established by the city council and stated in the city's fee schedule located in Chapter 18." SECTION5. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" by renumbering sections 48.29 and 48.30 as sections 48.12 and 48.13, respectively, by reserving sections 48.14 through 48.20, and by renumbering section 48.66 as section 48.21. SECTION6. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-67 "Platting Procedures" by renumbering the section as section 48-22 and repealing and replacing it to read in its entirety as follows: "SEC. 48-22. PLATTING PROCEDURES. (a) Amending plat. (1) General. A plat may be considered an amending plat solely for the purposes (2) Form and content. The amending plat should depict all information as required for a final plat in section 48-24, except for engineering documents described in section 48-24(b)(2). A copy of the original plat is required with the amended plat or the original approved lot lines shall be shown as dashed lines on (3) Certificate of approval. A certificate of approval by the city manager, in the following format, shall be plaçed on the final plat: Approved this 20 by the City Manager of the City of Gatesville, Texas. established in Texas Local Government Code $ 212.016. the amended plat. day of City Manager Attest: City Secretary (4) Processing. The city manager may approve and issue an amended plat, which may be recorded with the county clerk and controls over the preceding plat Page! 5 of24 P212 without vacation of the plat, if the amended plat is signed by the applicant and is solely for one or more of the following purposes as established by Texas Local a. To correct an error in a course or distance shown on the preceding plat; b. To add a course or distance that was omitted on the preceding plat; C. To correct an error in the description of the real property shown on the d. To indicate monuments set forth after death, disability or retirement from practice ofthe engineer or surveyor responsible for setting monuments; e. To show the proper location or character of any monument which has been changed in location or character or which originally was shown incorrectly as to f. To correct any other type of scrivener's, clerical error or omission previously approved by the planning and zoning commission and/or city council, including lot numbers, acreage, street names andi identification ofadjacent recorded g. To correct an error in courses and distancés of lot lines between two adjacent lots where both lot owners, join in the application for plat amendment and neither lot is abolished; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on h. To relocate a lot line in order to cure an inadvertent encroachment of a i. To relocate one or more lot lines between one or more adjacent lots where the owners ofall such lots joini in the application for the plat amendment; provided, that such amendment does not attempt to remove: recorded covenants ori restrictions Government Code $ 212.016: preceding plat; location or character on the preceding plat; plats; the property rights oft the other owners in the plat; building or improvement on a lot line or on an easement; or increase the number of lots; and j. To replat lots on an existing street if: 1. All owners join in the application; 2. The amendment does not remove deed restrictions; 3. The number ofl lots is not increased; make necessary the extension ofi municipal facilities. 4. The amendment does not create or require the creation of a new street or (b) Replat. (1) General. A replat is a revision of a previously platted subdivision and is controlling over all or aj portion ofthe preceding plat without vacation ofthe plati in (2) Processing. A replat that requires the construction of new public infrastructure shall follow the same procedures as are required for a new subdivision plat and shall comply with Texas Local Government Code Chapter 212, accordance with Texas Local Government Code Chapter 212. including requirements for public hearings and notifications. Page 6of24 P213 (3) Form and content. The proposed replat shall depict all the information as required for final plats as presented in section 48-24. A copy of the original plat shall be provided, or the original approved lot lines shall be shown as dashed lines on the new plat. Ifai replat does not require the construction ofnew infrastructure, the city may waive the required engineering drawings, described in section 48- 24(b)2, in order for the application submission to be considered complete and become eligible to be acted upon by the municipal authority or governing body. (4) Public hearing required for variance or exception. If a proposed replat requires a variance or exception, a public hearing must be held by the municipal planningo commission or the pmsmighayeflemuia,tis,imasommewin. LGC Sec. 212.015. (c) Minor, plat. (1) Authority for administrative minor plats. An application for an administrative minor plat may be submitted to the city in accordance with Tex. b. The administrative minor plat shall contain the same information in In accordance with Tex. Local Gov't Code $ 212.0065, the city delegates the City Manager or designated representative the authority to approve Local Gov'tCode $ 212.0065. accordance with the final plat. administrative minor plats which: 1. Involve four or fewer lots 2. Front onto an existing street a. Content, review and decision-making process. C. 3. Do not require the creation of any new street or the extension of municipal d. The designated representative may, for any reason, elect to present the e. The designated representative shall not disapprove the administrative: minor plat and shall be required to refer any administrative minor plat application which he or she refuses to approve to the Planning Board for consideration. f. If the administrative minor plat is approved by the designated representative, the signature block and signature oft the Chairperson ofthel Planning Board shall not be required. The following signature shall, however, appear on the g. Acertificate ofa approval by the city manager, in the following format, shall facilities. administrative minor plat to the Planning Board for approval. administrative minor plat. be placed on the final plat: Approved this City Manager of the City of Gatesville, Texas. day of 20 by the City Manager Page 7of24 P214 Attest: City Secretary (d) Newsubdivision plat. (1) General. A new subdivision plat is aj plat ofa tract ofl land that has not been previously platted. A new subdivision plat shall comply with Texas Local Government Code ch. 212, including any requirements for public hearings and (2) Processing. New subdivision plats shall follow the review and approval (3) Form and content. A new subdivision plat willi include the form and content required for preliminary platsi in section 48-68(c) and final platsi in section 48-69(b). (e) Vacating a plat. A replat to eliminate the subdivision of property reflected by aj prior plat. Vacating plats may not be used without the consent of all property owners int the plat, even ifonly aj portion ofthej plat is to be vacated. Once recorded, the vacating plat has the effect of returning the property to raw acreage (f) Additional information. The city may, at its option, require additional information necessary for the approval process. Such information may include, but notifications. process for preliminary and final plats. not be limited to: (1) Subdivision ingress and egress; (2) Existing and/or proposed area features; (3) Topography; (4) Floodplains; (5) Layout of other utilities; (6) Notation of deed restrictions; (7) Public use areas." SECTION7. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-68-Preliminary Plat" by renumbering section 48-68 as section 48-23 and repealing and replacing the section to read in its entirety as follows: "SEC. 48-23. PRELIMINARY PLAT. (a) Generally. The preliminary, plat and preliminary engineering drawings shall show all proposed phases of development of an area of land under the same (1) Preliminary plats shall be required for any subdivision plat requiring new (2) Preliminary plats and preliminary engineering drawings shall be deemed approved ifno action is taken by the planning and zoning commission within 30 ownership. infrastructure. Page 8 of24 P215 days of submittal, and ifno action is taken by the city council within 30 days of (3) Preliminary plats and preliminary engineering drawings shall be deemed approved by the City Council ifno action is taken by the Council within 30days Changes to preliminary plat. An approved preliminary plat and/or planning and zoning commission approval. ofPlanning and Zoning Commission approval. (b) preliminary engineering drawings may be amended at the request oft the developer or required by the city per this section. Substantial amendments or changes to an approved preliminary plat or preliminary engineering drawings must bei reviewed and approved by the planning and zoning commission as well as by the city council. Minor amendments may be approved by the city manager. Minor amendments are those that: (1) Increase by tenj percent or less the number oflots or potential structures that can be accommodated by thei infrastructure; (2) Reduce the number oflots; and (3) Any proposed change in infrastructure is considered a major amendment, Form and content. A complete submission for approval shall contain all unless deemed by the City Manager as a minor amendment. (c) items on the application. Failure to submit the plat and engineering drawings together in the quantities as stated on the application checklist shall be deemed an incomplete submission. The submission shall not be filed until all required documents (plat and engineering documents) in their respective quantities as stated herein are submitted. (1) Preliminary plat. The preliminary plat shall be prepared and sealed by a state-registered professional land surveyor and plotted at a scale of one inch to 100 feet or larger. The plat shall conform to the general requirements and minimum standards of design and requirements, and shall include the following a. A cover sheet is required for all plats involving three or more sheets. All plan sheet numbers shall be placed on the cover along with the corresponding plan sheet titles. This cover sheet should include a listing of all plan sheet numbers and plan sheet titles in the engineering drawings as well. A vicinity map should always bei included on the cover sheet to show the project location; b. Title block, including proposed subdivision name, phase, block and lot numbers, current legal description (or reference thereto), acreage, name and address of property owner, name and address of surveyor/engineer, date of survey, date of preparation and page content title. This title block shall be C. Index sheet for plats with more than one sheet that shows the entire subdivision drawn to a scale oft not less than one inch equals 100 feet; d. Legal description, existing boundary, lot lines and right-of-way lines of streets and easements with accurate dimensions, bearings, deflection angles, elements as applicable: present on each page of the plat; radii and central angles of all curves; e. Phasing plan ifs subdivision is to be constructed inj phases; Page 9 of24 P216 f. Lot lines shall have line dimensions clearly displayed within the lot along with thel lot's respective lot number. Groups ofl lots that are considered within a g. All right-of-way lines and easements shall be clearly displayed on the plat. The plat shall clearly display the location, size and purpose of all existing and h. Location of existing and proposed streets, alleys, bikeways and sidewalks on or adjoining the site. Such information shall include name, right-of-way widths, type and width of surfacing. All private streets shall be clearly labeled; j. Easements and street stub-outs necessary to serve adjacent properties; k. Location and size ofa all existing and/or proposed city utilities, and all other utilities where known. All city utility lines six inches in diameter or larger within the right-of-way shall be shown on the profile view. All utility lines, regardless of size, should be shown in the plan view, where known; m.Adjacent property information including legal descriptions (recorded n. Primary control points or descriptions and ties to such control points to which all dimensions, angles, bearings and similar data shall be referred. The plat shall be located with respect to a corner oft the: surveyor tract, or an original corner of the original survey of which it is a part. Temporary benchmarks and 0. Scale, basis ofbearing and benchmarks (datum) and description shall all be p. Anorth arrow isi required on all sheets and should be oriented either upward or to the right. Iti is the intent oft this requirement that all stationing should start from cardinal points of the compass and proceed in the direction of (2) Preliminary engineering drawings. Preliminary engineering drawings shall be prepared and sealed by a state-licensed professional engineer and plotted ata scale of one inch to 100 feet or larger. The preliminary engineering drawings shall match the features found on the preliminary plat and they shall conform to the general requirements and minimum standards of design and requirements in accordance with the most current edition of the standards for public works adopted by the city, and shall include the following elements as applicable: a. Title block, including proposed subdivision name, phase(s), block and lot numbers, current legal description (or reference thereto), acreage, name and address of property owner, name and address of surveyor/engneer, date of survey, date of preparation and page content title. This title block shall be present on each page oft the preliminary engineering drawings; b. Water layout plan view to include rough locations of service connections, pipe diameters, valves, hydrants and flush assemblies; block shall have the block number clearly displayed; proposed easements on or adjoining the property; i. Any areas reserved or dedicated for public uses; 1. Street light layout; volume and page) and property lines within 100: feet; NGS datum shall be described on each sheet; clearly displayed on the plat; and construction. Page 10of24 P217 C. Sanitary sewer layout plan to include rough locations of service e. Stormwater drainage layout plan (drainage calculations are only necessary connections, pipe diameters, cleanouts and manholes; d. Street and sidewalk layout plan view; and on major drainage structures at this step). Processing preliminary, plat. subsection (c) ofthis section. (d) (1) Submission of preliminary plat application along with all items required in (2) The preliminary plat and preliminary engineering drawings shall be reviewed by the city staff for conformity with the city's plans, thoroughfare plan, utility master plan, engineering standards and specifications, city ordinances and other applicable city standards before the planning and zoning commission meet (3) The planning and zoning commission shall review the preliminary plat, preliminary engineering drawings and all the staff'sr recommendations. Particular attention will be given to the arrangement, location and width of streets, their relation to thet topography ofthel land, lot sizes and arrangement, water and sewer lines, drainage, the further development of adjoining lands and thei requirements (4) The planning and zoning commission shall act on the preliminary plat and preliminary engineering drawings and may advise the developer of any specific changes or additions they will require in thel layout, or comment on the character and extent of improvements and dedications that will be required prior to infrastructure construction and as a prerequisite to the approval of the final plat (5) The planning and zoning commission shall forward the preliminary plat and preliminary engineering drawings with their approval to the city council for their consideration. The planning and zoning official shall inform the developer in writing of the decision of the planning and zoning commission and city council including any conditions for approval or reasons for disapproval. Ifconditionally approved or disapproved by the planning and zoning commission or the city council, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided. The municipal authority or governing body may not establish a deadline for an applicant to submit the response. In accordance with LGC 212.0093. Upon receiving a written response, the municipal authority or governing body that receives a response under LGC212.0093 shall determine whether to approve or disapprove plan or plat not later than the 15th day after the response was (6) A preliminary plat and preliminary engineering drawings shall expire 24 to review the preliminary documents. ofcity ordinances, policies and plans. and final engineering drawings. submitted. months after approval unless: Page 11 of24 P218 a. An extension is applied for and granted by the city manager if the city's b. Final plat submittal, on at least one phase, occurs within 24 months c. Preliminary plats and preliminary engineering drawings will also expire if therei is more than a 24-month period oftimel between subsequent submittal and (7) The planning and zoning commission has the responsibility to act on the preliminary plat and preliminary engineering drawings within 30 days of the complete submission of the application and all necessary documents. The preliminary plat and preliminary engineering drawings shall be considered approved if no action is taken by the planning and zoning commission within 30 days. The plat and engineering drawings shall be presented to the city council within 30 days of action being taken by the planning and zoning commission for its consideration. The plat and engineering drawings shall be considered approved if the council does not act on it within 30 days after the planning and regulations and requirements have not changed; following the initial approval; or approval of any phase of the preliminary plat. zoning commission has acted on it." SECTION8. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-69 "Final Plat" by renumbering section 48-69 as section 48-24 and repealing and replacing the section to read in its entirety as follows: "SEC. 48-24. FINAL PLAT. (a) Generally. The final plat and final engineering drawings for the subject phase of construction shall be substantially consistent per requirements in section 48-68(c)(1) with the approved preliminary plat and preliminary engineering drawings. At the option of the applicant, the final plat may constitute only that portion ofthe approved preliminary plat that the applicant proposes to develop and record at that time. The first phase of a subdivision shall have its final plats and final engineering drawings submitted within 24 months ofa approval of preliminary plat and preliminary engineering drawings after which time, a new preliminary plat (b) Form and content. A complete submission for approval shall include the final plat application provided by the city and all items listed and required therein. The submission shall not be considered complete until all required documents (plat and engineering documents) in their respective quantities as stated in the (1) Final plat. The final plat shall be prepared and sealed by a state-licensed professional engineer or state-registered professional land surveyor and plotted at as scale of one inch to 100 feet or larger. The plat shall conform to the general requirements and minimum standards ofdesign and requirements, and shall include A cover sheet is required for all plats involving three or more sheets. All plan sheet numbers shall be placed on the cover along with the corresponding plan and preliminary engineering drawings may be required. application are submitted. the following elements as applicable: a. Page 12of24 P219 sheet titles. Cover sheet shall include all plan sheet numbers and plan sheet titles shown in the engineering drawings as well. A vicinity map should always be Title block including proposed subdivision name, phase, block and lot numbers, current legal description (or referencet. thereto), acreage, name and address ofproperty owner, name and address ofs surveyor/engineer, date of survey, date of preparation and page content title. This title block shall be present on each page of Legal description, existing boundary, lot lines and right-of-way lines of streets and easements with accurate dimensions, bearings, deflection angles, radii Index sheet for plats with more than one sheet that shows the entire subdivision drawn to a scale ofr not less than one: inch equals 100 feet; Lot lines shall have line dimensions clearly displayed within the lot along with the lot's respective lot number. Groups of lots that are considered within a All right-of-way lines and easements shall be clearly displayed on the plat. The plat shall clearly display the location, size and purpose of all existing and Location of existing and proposed streets, alleys, bikeways and sidewalks on or adjoining the site. Such information shall include name, right-of-way widths, type and width ofs surfacing. All private streets shall be clearly labeled; Any areas reserved or dedicated for public uses; included on the cover sheet to show the project location; b. the plat; C. d. e. f. g. h. i. served; j. k. 1. and central angles ofa all curves; block shall have the block number clearly displayed; proposed easements on or adjoining the property; Notes addressing how lots with low wastewater service tolerances will be Delineation of the Federal Emergency Management Association (FEMA) Special Flood Hazard Area as well as any hazards from adjacent detention facilities Easements and street stub-outs necessary to serve adjacent properties; Adjacent property information including legal descriptions (recorded m. Primary control points or descriptions and ties to such control points to which all dimensions, angles, bearings and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner oft the original survey ofwhich it is a part. Temporary benchmarks and NGS datum Scale, basis ofbearing and benchmarks (datum) and description shall all be A north arrow is required on all sheets and should be oriented either upward ortot thei right. Itist thei intent oft this requirement that all stationing should start from cardinal points of the compass and proceed in the direction of construction; ora as required by the city; volume and page) and property lines within 100 feet; shall be described on each sheet; clearly displayed on the plat; n. 0. p. Tax certificate title block; Page 13of24 P220 q. Signature/certification blocks. All final plats shall have affixed to the first page of the plat sheets to be recorded the following elements as applicable: 1. As surveyor's certificate, in the following format, shall be placed on the final plat: KNOW ALL MEN BY THESE PRESENTS: That I, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision and Property Development Regulations of the City ofGatesville, Texas. Signature Texas Reg. No. 2. An original certificate of ownership and of dedication of all streets, alleys, easements and lands to public use: forever, signed and acknowledged before anotary public by the owner ofthel land, shall appear ont the face ofthemap, containing complete and accurate description of the property being platted 3. A certificate of approval by the planning and zoning commission, in the and the streets dedicated. following format, shall be placed on the final plat: Approved this day of by the Planning and Zoning Commission oft the City of Gatesville, Texas. Chairperson, Planning and Zoning Commission Secretary, Planning and Zoning Commission 4. A certificate of approval by the City Council, in the following format shall be placed on the final plat: Approved this the City of Gatesville, Texas. day of by the City Council of Mayor City Secretary Page 14 of24 P221 5. A tax certification block, in the following format, shall be placed on the final plat: The Coryell County Tax Assessor, the taxing authority for all entities in Coryell County, Texas, does hereby certify that there are currently no delinquent taxes due or owing ont thej property described by this plat. Dated this day of A.D. Coryell County Tax Assessor/Colectors Office By: 6. A recordation block, in the following format, shall be placed on the final plat: FILED FOR RECORD this day of in Cabinet Slide(s) Plat Records of Coryell County, Texas. (2) Final engineering drawings. Engineering drawings shall be prepared and sealed by a state-licensed professional engineer and plotted at a scale of one inch to 100 feet or larger. The engineering drawings shall match the features found on the final plat and they shall conform to the general requirements and minimum standards of design and requirements in accordance with city's adopted standards for public works, and shall include the following elements as applicable: a. Titlel block including proposed subdivision: name, phase, block and lot numbers, current legal description (or reference thereto), acreage, name and address of property owner, name and address of surveyor/engineer, date ofsurvey, date of preparation and page content title. This title block shalll bej present on each page ofthe engineering drawings; b. Lot layout showing the area in square feet of each lot proposed; Water layout plan, fire flow/water design report, details; d. Sanitary sewer layout plan and profiles, a wastewater design report, details, specifications, lift station capacity and a detailed engineering estimate; Street plan and profiles, to include paving details and a traffic control plan (if Display natural ground profiles of each right-of-way or easement line. Centerline profiles will be satisfactory for right-of-way or easements, except where there is a difference of 0.50 foot or more from one right-of-way or easement line to the other line measured parallel at any point along the right- h. - Stormwater plan and profiles of culverts and channels, a grading plan with two- foot contours, a drainage report, an erosion and sedimentation control plan, applicable); Streetlight layout; of-way or easement; Page 15of24 P222 delineated drainage basins, details for all structures, specifications and a Existing contours at intervals of two feet for grades up to five percent and not Drainage information and calculations required in the City of Gatesville Drainage Criteria Manual, including, but not limited to, drainage channel and detention pond locations and approximate size off facilities. Flow line elevations shall be shown along with direction ofi flow ofall existing or proposed drainage k. Drainage structures, 100-year floodplain, floodway, watercourses, railroad, structures and other physical features on or adjacent to the site; . Location and size of all existing and/or proposed city utilities, and all others where known. All city utility lines six inches in diameter or larger within the right-of-way shall be shown on the profile view. All utility lines, regardless of m. Major thoroughfare plans and profiles shall be drawn at a scale of one inch equals two feet vertically and one inch equals 20 feet horizontally. Minor streets and easement plans and profiles shall be drawn at a scale ofone inch equals five feet vertically and one inch equals 50 feet horizontally or one inch equals four feet vertically and one inch equals 40 feet horizontally. Label each plan sheet as to street widths, right-of-way widths, pavement width and thickness, type of roadway materials, curbs, intersection radii, curve data, stationing, existing utilities type and location. Stationing must run from left to right, except fors short streets or lines originating from a major intersection where the full length can n. Texas Department of Transportation (TxDOT) approvals for driveway and 0. Existing conditions such as marshes, wooded areas, buildings and other p. Significant features on adjacent properties such as slopes, structures and power Details of all special structures and standard details, such as drainage features, streams and gully crossing, special manholes and thel like, shall be drawn with Station all points ofc curvature (P.C.'s), points oft tangency (P.T.'s) radius returns and grade change points of intersection (P.I.'s) in the profile with their (3) Resolutiondaication/nela notes. The applicant will furnish the city with a signed, original copy oft the dedication, resolution and field notes, as applicable, at the same time the final plat and final engineering drawings are submitted for detailed engineering estimate; more than five feet for grades over five percent; features; size, should be shown in the plan view, where known; be shown on a single plan and profile sheet; drainage into their jurisdiction, ifapplicable; significant features; lines; Grading, erosion and sedimentation control plan; the vertical and horizontal scales equal to each other; and respective elevations. approval. Page 16of24 P223 (c) Processing. final plat. (1) Submission of application as provided under 48-24(b) of this section. (2) The final plat and final engineering drawings shall be reviewed by the City staffi for conformity with the approved preliminary plat and preliminary engineering drawings, city's plans, thoroughfare plan, utility master plan, engineering standards and specifications, city ordinances and other applicable city standards. Upon completion of this review, the final plat and final engineering drawings shall be (3) The planning and zoning commission shall study the final plat and final engineering drawings and all recommendations. Particular attention will be given tot the arrangement, location and width of streets, their relation to the topography of the land, lot sizes and arrangement, water and sewer lines, drainage, the further development of adjoining lands and the requirements of city ordinances, polices (4) Final plats and final engineering drawings shall be deemed approved ifno action is taken by the planning and zoning commission within 30 days ofs submittal, and if no action is taken by the city council within 30 days of planning and zoning The planning and zoning commission shall forward the final plat and final engineering drawings upon approval to the city council for their consideration. b. The planning and zoning official shall inform the developer in writing of the decision ofthe planning and zoning commission and city council including any zoning commission ort the city council, the applicant may submit a written: response that satisfies each condition for the conditional approval or remedies each reason deadline for an applicant to submit thei response. In accordance with) LGC212.0093. governing body that receives a response under LGC 212.0093 shall determine whether to approve or disapprove plan or plat not later than the 15th day after the (5) The final plat and final engineering drawings shall not be approved, conditionally approved or filed for record and no permits shall be issued until the applicant posts with the city a letter of credit/performance bond for any submitted to the planning and zoning commission for review. and plans. commission approval. a. conditions for approval or reasons for disapproval. 1. If conditionally approved or disapproved by the planning and for disapproval provided. 2. 3. The municipal authority or governing body may not establish a Upon receiving a written response, the municipal authority or response was submitted. infrastructure construction remaining." Page 17of24 P224 SECTION9. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-70"Guarantee: ofPerformance" by renumbering section 48-70AA AWXRION 48-25 and by repealing and replacing the section toi read ini its entirety as follows: "SEC. 48-25. GUARANTEE OF PERFORMANCE. (a) In order to record an approved final plat in which public infrastructure improvements are required, the developer shall construct the improvements to the approval of the city or file a guarantee of performance in lieu of completing the infrastructure prior to recordation of the plat. All such construction shall be coordinated while in progress by the city building inspector. Ift the infrastructure has not been completed and nol leterofemalivperiomane bond posted within five years ofapproval, the approved final plat is considered null and void. (b) If the developer elects to file a guarantee of performance in lieu of completing construction prior to recording the plat, one of the following methods of posting security shall be used, while the city does reserve the right to select which oft the (1) Unconditional letter of credit from al local bank or other financial institution in a form acceptable to the city and signed by aj principal officer of the institution, agreeing to pay to the city, on demand, a stipulated sum of money to apply to the estimated costs of completion ofa all required improvements, cost of completion of following guarantees of performance is utilized: - the required improvements being verified by the city engineer. a. The letter of credit shall be dated to expire not less than one year from the b. If the required infrastructure is not complete within six months of acceptance of the letter of credit, the city shall use the funds to construct the (2) Performance bond submitted with the city by a surety company holding a license to do business in the state, in a form acceptable to the city, in an amount equal to the estimated costs of completion of required improvements verified by Its shall be dated to expire not less than one year from the recordation of the If the required infrastructure is not complete within six months of acceptance ofthe a performance bond, the city shall use the funds to construct the (c) For the guarantee of performance, as described ini this section, the engineer whose stamp and signature are found on the final plat and final engineering drawings shall prepare a detailed estimate of outstanding infrastructure items to include the cost of each item, the cost of installation of each item and the total recordation oft the final plat. improvements. the city engineer. a. final plat. b. improvements. Page 18 of24 P225 cumulative cost of all outstanding infrastructure items. This detailed estimate (1) The city's engineer shall review this detailed estimate to ensure that all items are accounted for and are valued at costs that are: reasonable given thei market at the (2) The city may request that the developer make modifications to the detailed estimate to reflect comments from the city's engineer. Once approved by the city's engineer, the city will accept the guarantee of performance, as described in this section, for the total cumulative cost as shown on the detailed estimate, and the final should be stamped and signed by the engineer. time of which the project occurs. plat shall be filed with the county." SECTION 10. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-71 "Maintenance Bond Required" by renumbering section 48-71 as section 48-26 and repealing and: replacing section the section to read ini its entirety as follows: "SEC. 48-26. MAINTENANCE BOND REQUIRED. (a) Before the issuance of any building permit, the subdivider shall furnish the city with a maintenance bond, or other surety instrument such as a letter of credit or escrow account. The purpose of the maintenance bond/surety instruments is to assure the quality of materials and workmanship and maintenance of all required improvements including the city's costs for collecting the guaranteed funds and administering the correction and/or replacement of covered improvements in the event the subdivider defaults. The maintenance bond or other surety instrument shall be satisfactory to the city as to form, sufficiency and manner of execution. (1) For water and sewer related improvements, thel bond or other instrument shall be in an amount equal to 20 percent ofthe cost ofimprovements verified by the city (2) Bonds or other instruments for streets and drainage facilities shall be in an amount equal to 40 percent of the improvements verified by the city engineer (3) Effective time frame for bonds or other instruments will be measured from the date ofrelease oft the performance surely instrument or signing and recording of (4) In an instance where a maintenance bond or other surety instrument has been posted and a defect or failure of any required improvement occurs within the period of coverage, the city may declare the bond or surety instrument to be in default and require that the improvements be repaired or replaced. (b) Whenever a defect or failure ofany required improvement occurs within the period of coverage, the city shall require that a new maintenance bond or surety instrument be posted for a period of one full calendar year, except streets and drainage channels and structures which will be for two calendar years. engineer and shall run for aj period of one calendar year. and shall run for a period oft two calendar years. the final plat whichever is later. Page 19 of24 P226 (1) The amount of the bond or instrument will be equal to the amount required to (2) Effective time frame for the new maintenance bond or other instrument shall begin on the date the city inspects and approves the required correction." SECTION 11. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-72"As-Built Drawings" by renumbering section 48-72 as section 48-27 and by repealing and replacing the section to read in its entirety as correct the fault or failure. follows: "SEC. 48-27.AS-BUILT DRAWINGS. (a) The purpose of this requirement is to document the subdivision improvements as they were actually built. These drawings are required to replace the approved plans that are on file at the city and as such should contain all ofthe sheets presented in the final plat and final engineering drawings. These plans shall bel labeled "as-built" or' "record drawings." These drawings shall minimallyi include: (1) An index sheet listing all plan sheets presented in the as-built drawings; (2) Drawings shall contain information within tolerances pertinent to the (3) Waterlines and appurtenances shall be field located with a horizontal and (4) Gravity wastewater lines and manholes shall be field located with a vertical location within at tolerance of0.1 foot, more or less, and al horizontal location within (5) Pressure wastewater lines and appurtenances shall be field located with a horizontal and vertical location within a tolerance of one foot, more or less; (6) Drainage facilities shall be field located with a vertical location within a tolerance of0.1 foot, more or less, and al horizontal location within a tolerance of (7) Roadway and sidewalk paving shall be field located with a vertical location within a tolerance of 0.1 foot, more or less, and a horizontal location within a (8) All public facilities shall be shown to bel located withinj publicrights-of-way (9) The as-built drawings shall be prepared by a state-licensed professional engineer and shall bear a certification from the engineer as follows: "To the City of Gatesville: I certify that the subdivision improvements shown on this sheet reflect any revisions of design as approved by the city and whichlauthorized, and/or any and all field changes of which I am aware."; and The certification shall be executed by and shall bear the seal and original signature of the professional engineer licensed in the state at the date of such intended function oft the design; vertical location within a tolerance of one foot, more or less; atolerance ofc one foot, more or less; one foot more or less; tolerance ofone foot, more or less; ora appropriate easements; and a. b. Page 20 of24 P227 certification that directly supervised the construction oft the project pursuant to the Texas Engineering Practice Act (Texas Occupations Code $ 1001.001 et seq.). (1) The developer shall provide the city with a digital copy and a single set of drawings ofthe constructed infrastructure. A digital copy ofthe as-built plat and its (2) Digital as-built files should be submitted in PDF, DXF, DWG or GIS shapefile/feature class/coverage format. This digital format shall be an exact replica of any required and/or included data represented on the submitted hard copy drawing/document. The submitted media shall be labeled with the project name (b) As built drawing submittal requirements. as-built engineering drawings must be submitted. (subdivision name) and filing date." SECTION 12. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at sections 48-73+ through 48-108 by renumbering section 48-73 as section 48-28, reserving sections 48-29 through 48-40, and: renumbering sections 48-105 SECTION: 13. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at section 48-109 "Street Standards"by renumbering section 48-109 as section 48-45 and byr repealing and replacing the section to: read ini its entirety as follows: through 28-108 respectively as sections 48-41 through 48-44. "SEC. 48-45. STREET STANDARDS. (a) Entrances to subdivisions. New subdivisions with 51 to 100 lots must have at least two access streets; new subdivisions with 101 or more lots require three access streets. In cases where a subdivision will be developed inj phases, thei number ofaccess streets required will be based on the number of developed lots. (b) Projection of streets. Where adjoining areas are not subdivided, the developer shall design and construct abutting short stub-outs or temporary turnarounds for the projection of streets into such unsubdivided areas. (1) Local streets. Streets that serve individual residential lots. They carry low traffic volumes at low speeds. Local Streets shall have a right-of-way width of50 feet and aj pavement width of31 feet. Sidewalks on local streets shall be ai minimum of four feet wide, meet Texas Accessibility Standards, and must be constructed between the curb and 12 inches away from the property line. Where entrances to subdivisions are: not part ofa collector street, they shall be 42 feet wide with 70 feet (2) Minor collectors. Streets generally located within subdivisions or between subdivisions to collect traffic from residential streets and to channel this traffic to major collectors. Residential lots may front on these streets. Minor Collectors shall have a right-of-way width of 70 feet and a pavement width of 42 feet. Sidewalks on minor collectors shall be a minimum of four feet wide and cannot be placed (C) Street design standards. ofright-of-way for a distance of100 feet from the intersection. beyond the property line. Page 21 of24 P228 (3) Major collectors. Streets generally located along borders ofneighborhoods and within commercial areas to collect and to channel this traffic to the arterial system. These are limited access roads on which no single-family or two-family residential lots may front (i.e., no driveways shall be allowed) unless there is no other reasonable and safe access to the lot. Major collectors shall have a right-of- way width of 80 feet and a pavement width of 48 feet. Sidewalks on major collectors shall be a minimum of six feet wide and cannot be placed beyond the (4) Cul-de-sacs. Streets with only one outlet which terminates in a vehicular turnaround at the other end. Cul-de-sacs shall be provided at the closed end with a turnaround having a minimum pavement diameter of 96 feet and a right-of-way (5) Major arterial. Roads that serve corridor movements having trip lengths and travel densities indicative ofsubstantial statewide ori interstate travel. These are limited access roads on which no single-family or two-family residential lots may (6) Minor arterial. Roads that provide service to corridors with trip lengths and travel densities greater than those served by rural collectors or local systems. They should have high overall travel speed with minimum interference to through movements. These are limited access roads on which no single-family or two- (d) Reserve strips. Reserve strips controlling access to streets shall be (e) Streetjogs. Street jogs with centerline offsets ofless than 125 feet shall be (f) Street intersections. Streets shall be laid out sO as toi intersect at right angles, or as close as possible to 90 degrees. Six-foot concrete valley gutters are required (g) Dead-end. streets. Dead-end streets shall be prohibited except for short stub- outs for future roadway extensions. Temporary turnarounds are required if they (h) Street names. No street names shall be used which will duplicate or be confused with the names ofexisting streets. Street extensions shall use the existing street names. Street names shall be subject to the approval ofthe city. (1) Itshall bet the policy ofthe city that adequate street lighting for traffics safety be installed in all new subdivisions within the city limits or those in its ETJ requesting voluntary annexation. Streetlights shall generally be limited to intersections, curves, dead ends, cul-de-sacs and where spacing exceeds 600 feet. (2) Installation procedures and acceptable standards for streetlights shall be governed by the design and specification standards of the electric utility company property line. diameter of116 feet. front. Major arterials will follow TxDOT design standards. family residential lots may front. prohibited except where their control is dedicated to the city. avoided. at street intersections where cross drainage will occur. exceed 150 feet in length. () Streetlights. serving the subdivision. Page 22of24 P229 (3) The use of special non-standard poles or fixtures from sources other than the electric utility shall not be accepted for dedication to the public for city (4) Streetlights on collector and minor residential streets shall be at least 100-watt LED. Streetlights on major collectors and higher shall be at least 250-watt LED. (5) The city engineer shall approve the street lighting plan. (6) The developer shall be responsible for the cost of such street lighting installation, including the cost-of-service lines to supply electricity to the streetlights, and all engineering costs. Once satisfactorily installed, approved, and accepted, the ownership and maintenance of the streetlights shall be provided by (7) The furnishing of electric energy to the streetlights shall be provided by the electric utility providing service to the area. The city will pay the energy costs of G) Sidewalks. Sidewalks shall be required on all new streets. Sidewalks are: not required on existing streets, streets without curb and gutter, or in a subdivision where all lots are greater than one acre in size. Sidewalks that are currently present on existing streets shall be retained when a parcel ofland/lot on an existing street iss subdivided. Sidewalks shall be constructed before any certificates of occupancy (1) The subdivision developer may be required to install sidewalks when the city determines that in the interest of connectivity, accessibility, and/or public (2) All required public sidewalks shall bel located in the city'sright-of-way. (3) Subdivision developers are only responsible for installing sidewalks on (4) All sidewalk elevations shall not be less than the top elevation of the existing curb, nor more than 24 inches above the height oft the street curb. (5) Obstructions such as, but not limited to, fire hydrants, telephone poles, and street signs shall not be located within a sidewalk, unless approval of such is (6) Sidewalk ambulatory ramps shall be constructed within each curb return at all street intersections within the subdivision prior to the granting ofa certificate of occupancy for the applicable lot. The ramp dimensions and surface finish shall be (7) The developer shall establish a uniform ground surface not to exceed the top of the curb elevation for all rights-of-way inside each curb return requiring sidewalk ambulatory ramps prior to the release of the subdivision." maintenance. the electric utility serving the area. streetlights located in the city limits. arei issued by the city. safety sidewalks are necessary. property that is under construction. obtained from the city engineer. uniform throughout the subdivision. Page 23of24 P230 SECTION 14. The Code of Ordinances of the City of Gatesville, Texas is hereby amended by amending Chapter 48 "Subdivisions" at sections 48-110 through 48-145 by renumbering section 48-110 as section 48-46, by renumbering section 48-145 as section 48-47, and by reserving SECTION 15. If any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or the application thereofto any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of GATESVILLE, Texas, hereby declares it would have enacted such remaining portions despite any suchi invalidity. SECTION 16. Itisofficially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and the public notice of the time, place and SECTION 17. This Ordinance shall become effective immediately upon its passage and The foregoing Ordinance No. 2024-11 was read the first time and passed to the second reading The foregoing Ordinance No. 2024-11 was read the second time and passed to the third reading The foregoing Ordinance No. 2024-11 was read the third time and was passed and adopted as an sections 48-48 through 48-60. purpose of this meeting was given as required by law. approval. this 22nd day of October 2024. this 14th day of] November 2024. Ordinance to the City of Gatesville, Texas, this 10th day of December 2024. BY: GARY M. CHUMLEY, MAYOR ATTESTED: APPROVED AS' TO FORM AND SUBSTANCE: HOLLY OWENS, T.R.M.C. CITY SECRETARY VICTORIA THOMAS CITY ATTORNEY 4888-24162028,V.1 Page 24 of24 P231 Gatesuille Spur Capitaloflexns Agenda Item # 19 Date: To: From: CITY COUNCIL MEMORANDUM December 10, 2024 Mayor & City Council Holly Owens, City Secretary Agenda Item: Discussion and possible action regarding Ordinance 2024-12, amending the Gatesville Code of Ordinances at Chapter 10 "Buildings and Building Regulations," Article II "Technical Codes," by adding a New Division 4 "Portable Buildings and Containers"; providing a penalty of fine not to exceed $500; providing a severability clause; providing a savings clause; and providing for an effective date. Information: Ina accordance with the vision of the City of Gatesville City Council and its citizens, an ordinance regulating portable buildings, cargo/shipping containers, and storage containers has been created. Cargo/shipping containers are defined as an all-steel container with strength to withstand shipment, storage and handling. Such containers include reusable steel boxes, freight containers and bulk reusable vessel that was designed for and usedi int the PODS Bo shipping containers; originally a standardized Gatesville- -Bridge Street parking, shipping, movement, transportation or storage of freight, articles or goods or commodities; generally capable of being mounted or moved on a rail car, truck trailer or loaded Portable buildings are defined as any prefabricated structure assembled off site and delivered to the site as a complete unit or a building purchased in kit form and assembled onsite, which can ona ship. be moved without disassembly to another location. This ordinance will regulate the use and location of cargo/shipping containers and portable buildings by setting setbacks and timelines on the temporary uses and permits will be required for the use and placement of these structures. The first reading was held on October 22, 2024, with a vote of 5-0-0. The second reading was held on November 14, 2024, with a vote of 5-0-0. This Fort Worth ist the third and final reading. P232 Financial Impact: There is no fiscal impact. Staff Recommendation: The staff recommends passing Ordinance 2024-12 adopting the amendment to the Gatesville Code of Ordinances at Chapter 10 "Buildings and Building Regulations," Article II "Technical Codes," by adding a New Division 4 "Portable Buildings and Containers" to the next meeting. Motion: Imake a motion to pass Ordinance 2024-12 adopting the amendment to the Gatesville Code of Ordinances at Chapter 10 "Buildings and Building Regulations," Article II "Technical Codes," by adding a New Division 4 "Portable Buildings and Containers." Attachments: Draft Ordinance Staff Contacts: a M Holly Owens owens@atesylek.con sary P233 ORDINANCENO.70212 AN ORDINANCE OF THE CITY OF GATESVILLE, TEXAS, AMENDING THE GATESVILLE CODE OF ORDINANCES AT CHAPTER 10 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE II "TECHNICAL CODES," BY ADDING A NEW DIVISION 4 "PORTABLE BUILDINGS AND CONTAINERS"; PROVIDING A PENALITY OF FINE NOT TO EXCEED $500; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ofthe State ofTexas; and limits ofthe city; and WHEREAS, the CityofGatesvilleisa al Home Rulel Munic'palityoperating under the laws WHEREAS, the City Council may establish building regulations within the corporate WHEREAS, the City Council has determined that it would be advantageous and beneficial to the citizens ofthe City of Gatesville, Texas to set regulations for portable buildings, including cargo and shipping containers; NOW,THEREFORE, BEITORDAINED: BYTHE CITYCOUNCIL OFTHECITY OF GATESVILLE, TEXAS, THAT: SECTION1. The findings set forth in the above preamble to this Ordinance are true and correct SECTION2. The Code of Ordinances oft the City of Gatesville, Texas is hereby amended at Chapter 10 "Buildings and Building Regulations," Article II "Technical Codes," by adding a new Division 4 "Portable Buildings and Containers" which shall read in its entirety as follows: and arel hereby adopted and incorporated herein by this reference. "DIVISION4. PORTABLE BUILDINGS AND CONTAINERS SEC. 10-129. DEFINITIONS. (1) Aportable storage container is a container intended to store or transport personal property which is transported to a desired location for drop-offby truck or trailer. The common name for such containers is PODS (portable on-demand storage). (2) Portable buildings are also any prefabricated structure assembled off site and delivered to the site as a complete unit or a building purchased in kit form and assembled onsite, which can be moved without disassembly to another location. (3) A cargo and/or shipping container is an all-steel container with strength to withstand shipment, storage and handling. Such containers include reusable steel boxes, freight containers and bulk shipping containers; originally a standardized Page1of5 P234 reusable vessel that was designed for and used in the parking, shipping, movement, transportation or storage of freight, articles or goods or commodities; generally capable ofbeing mounted or moved on arail car, truck trailer or loaded onas ship. SEC. 10-130. PORTABLE BUILDINGS ANDCONTAINER REGULATIONS. (1) Portable storage containers are not permitted except for temporary use in all (2) A portable storage permit is required if a portable storage container is to be located on property for more than five days in a 360-day period. A portable storage permit must be obtained from the Building Official. A permit fee set by the city council is applicable and must be paid before the permit is issued. The (3) The Building Official may. grant an extension not to exceed 30 days ifthe permit holderdemonstrates extenuating circumstances beyond his/her control that justify zoning districts within the city limits of the City of Gatesville. permit duration is 30 days from issuance. the extension. (4) Ifthe portable storage container is being used directly in conjunction with work being performed under an unexpired city building permit, the container may be located on the property for a period not to exceed 180 days or the duration ofthe building permit, whichever is less. (5) Except as otherwise expressly provided in this subsection, the following a. only one such container is allowed per address in a 360-day period b. iflocated in a front or side yard, the container must be placed on an asphalt the container may not be placed on a street or on street right-of-way standards apply to any use ofaj portable storage container: orc concrete surface (6) A portable storage container shall not be used as a permanent substitute for an (7) No cargo container shall be used for human habitation or commercial business accessory storage structure in any zoning district. purposes. (8) No cargo container shall be used to store hazardous materials. Page 2of5 P235 (9) No cargo container shall be used to store and keep refuse or debris in, against, on (10) Any cargo container shall be secure, structurally sound, stable and in good repair. or under the cargo container. (11) A 15-ft. setback required from any other structure. (12) No cargo/shipping containers can be stacked on top of one another or on top of SEC. 10-131. PORTABLE BUILDINGS AND CONTAINER EXCEPTIONS. (1) CF, C-G, DT, IND Districts. More than one container is allowed per 360-day period and no permit is required even if the total number of days that containers are located on the property exceeds five days in a 360-day period, provided that: any other object. a. the containers are used for shipping and receiving inventory b. the containers are located in the rear yard oft the property thec containers are placed on a concrete or asphalt surface d. the containers comply with applicable setback requirements for e. ona average each container is located on the property for a period the district ofless than ten days. (2) AG, R-SF, R-TH, R-2F, R-MF, R-MH, R-MHP Districts. More than one container is allowed per 360-day period and noj permit is required eveni ifthetotal number of days that containers are. located on thej property exceeds five days in a 360-day period, provided that: a. the containers are used solely for moving the personal property of ai new resident to the property or removing the personal property b. the containers are placed in an area that does not create a safety C. each container is on the property for five days or less. ofa resident moving from the property hazard SEC. 10-132. PORTABLE BUILDINGS AND CONTAINER PENALTIES. (1) Any permit issued under this chapter may be revoked upon ten days' written notice to the owner, occupant or person in control of the property if such person iss storing, maintaining, or otherwise keeping a cargo container in violation ofthis chapter. Page 3of5 P236 (2) A cargo container otherwise existing on property prior to the adoption of this chapter that was lawfully placed and maintained shall be deemed a legal non- conforming use. Such non-conforming use shall not be increased, enlarged, extended or altered except ift the use: may be voluntarily changed by the owner to ac conforming use which meets the requirements oft the city code. (3) Any person, firm or corporation violating any oft the provisions of this chapter of the city or amendments thereto, shall be guilty of a misdemeanor and, upon conviction int the municipal court ofthe city shall be subject to a fine not to exceed the sum of $500 for each offense, and each and every day such offense shall continue shall be deemed a separate offense. SECTIONS 10-30 THROUGH 10-53. RESERVED." SECTION3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance, or the application thereoft to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions oft this Ordinance, and the City Council oft the City ofGatesville, Texas, hereby declares SECTION4. Iti is officially found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and the public notice of the time, place and SECTION5.. This Ordinance shall become effectiveimmediately upon its passage and approval. The foregoing Ordinance No. 2024-12 was read the first time and passed to the second reading The foregoing Ordinance No. 2024-12 was read the second time and passed to the third reading The foregoing Ordinance No. 2024-12 was read the third time and was passed and adopted as an itwould have enacted such remaining portions despite any such invalidity. purpose of this meeting was given as required by law. this 22nd day ofOctober 2024. this 14th day ofl November 2024. Ordinance to the City of Gatesville, Texas, this 10th day of December 2024. BY: GARY M. CHUMLEY, MAYOR Page 4of5 P237 ATTESTED: APPROVED ASTOFORM: HOLLY OWENS, T.R.M.C. CITY SECRETARY 4885-3380-6573,V.1 VICTORIA THOMAS CITY ATTORNEY Page 5of5 P238 Spur Capitalorlesas Gatesuille Agenda Item #20 Date: To: From: CITY COUNCIL MEMORANDUM December 10, 2024 Mayor & City Council Holly Owens, City Secretary Agenda Item: Discussion and possible action accepting the annexation petition submitted by Tracy and Stacy Summers, being all the owners of approximately 5 acres of real property situated in the Henry Farley and J.A. Clayton Surveys located in the City of Gatesville, Coryell County, Texas and being commonly known as 2204 Coryell City Road. Tracy Summers and Stacy Summers are the owners of the property located at 2204 Coryell City Road and described as the Henry Farley and J.A. Clayton Survey situated in Coryell County, Texas. The owners have formally requested to have the 5 acres described property to be annexed Information: into the City of Gatesville. Requirements: 1. Conduct one public hearing (January 14, 2025). 2. Public Notice in newspaper between 10 and 20 days before the public hearing 3. Public Notice on website between 10 and 20 days before the public hearing 4. Notice of hearing to the following: a. Coryell County d. Utility providers e. School District b. Fire protection service providers Emergency medical services providers 5. Negotiate and enter into a written service agreement with the property owners for the provision of city services prior to annexation date. Financial Impact: There is no fiscal impact. Staff Recommendation: hearing dated January 14, 2025. The staff recommends passing Resolution 2024-139 annexing the property described as the Henry Farley and J. A. Clayton Surveys situated in Coryell County, Texas to the next public Imake a motion to pass Resolution 2024-139 annexing the property described as the Henry Farley and J. A. Clayton Surveys situated in Coryell County, Texas to the next public hearing Motion: dated January 14, 2025. Attachments: P239 Resolution with Exhibit 1 and Exhibit "A" GIS Map of property. Staff Contacts: Brad Hunt bhunt@gatesylex.com P240 RESOLUTION: 2024-139 ARESOLUTION OFTMECIYCOUNCLOFTAE CITYOF GATESVILLE, TEXAS, ACCEPTING A VOLUNTARY ANNEXATION PETITION AND AUTHORIZING AND SETTING THE DATE, TIME, AND PLACE FOR PUBLIC HEARING ON THE CONTEMPLATED ANNEXATION DESCRIBED THEREIN; AUTHORIZING AND DIRECTING CITY STAFF TO PUBLISH NOTICE OF SUCHI PUBLIC HEARING; AND PROVIDING FORA AN EFFECTIVE DATE. WHEREAS, the City of Gatesville has received a petition for voluntary annexation for the Annexation Area described and depicted in said petition which is attached hereto as Exhibit' "A" from Tracy Summers and Stacy Summers; and annex certain properties into the City of Gatesville; and WHEREAS, the Gatesville City Council believes iti isi in the best interest of the Cityt to WHEREAS, the Annexation Area is adjacent to corporate limits of the City of Gatesville, Texas and within the extraterritorial jurisdiction of the City of Gatesville, Texas, under the terms of Chapter 43 of the Texas Local Government Code; and WHEREAS, the Annexation Area is economically and geographically within the natural growth pattern ofthe City of Gatesville, Texas, and adaptable for future development under the master development plan for the City; and WHEREAS, the Gatesville City Council wishes for all interested persons to be heard inamanner prescribed by state law before said annexation action is considered; and WHEREAS, the Gatesville City Council wishes to inform all citizens and interested persons so that the impacts of said annexation are well understood by all interested parties prior to at final decision to annex the Annexation Area; NOWTHEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF1 THE CITY OF SECTION 1. The City Council of the City of Gatesville hereby accepts the petition for voluntary annexation submitted by Tracy Summers and Stacy Summers, attached hereto and incorporated herein by this reference as Exhibit "A", for the annexation area being GATESVILLE, TEXAS, THAT: described and depicted in exhibit 11 to the petition (the "Annexation Area"). SECTION 2. On the 14th day of January, 2025 at the regular called City Council meeting at 5:30 p.m., in the Gatesville City Hall, 110 North 8th Street, Gatesville, Texas, the Gatesville City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed voluntary annexation by the City of Gatesville, Texas, P241 of the Annexation Area described and depicted in the Annexation Petition attached hereto as Exhibit A, more particularly in Exhibit' "1"ofs said Annexation Petition. SECTION 3. City Staff is hereby authorized and directed to cause notices of such public hearing to be published on the City's website and in a newspaper having general circulation ini the City andi int the above-described. Annexation Area not more than twenty (20) days nor less than ten (10) days prior to the date of such public hearing, all in accordance with Chapter 43 of the Texas Local Government Code and to provide all other required notices required by said Chapter, including notice to the County, School District, and Fire and EMS providers for the property. SECTION 5. City Staff are hereby directed to prepare a service plan for the proposed Annexation Area and make said service plan available for public review int the Gatesville City Hall on or before January 4, 2024. andi it is accordingly sO resolved. GATESVILLE,TEXAS, on this the. SECTION 6. This Resolution shall take effectimmediately from and after its passage, DULY RESOLVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF day of 2024 CIYOFGATESVILLE, TEXAS APPROVED: Gary Chumley, Mayor ATTEST: APPROVED ASTO FORM AND SUBSTANCE Holly Owens, T.R.M.C. City Secretary Victoria Thomas City Attorney EXHIBIT. A APPLICATION P242 EXHIBIT 1 attached to Exhibit A PROPERTY LEGAL DESCRIPTION AlL that certain five (5) acres, being a part of the Henry Farley and J.A. Clayton Surveys situated in Coryell County, Texas, and being further described as by metes and bounds BEGINNINGS60: deg. 18'23-W,32.02feet: and S 48 deg. 58'2 29"W, 146.64feet fromt the most northerly corner of that certain 177-acre tract described in Volume 173, Page 580, as follows: Deed Records, Coryell County, Texas; THENCE! $74 deg. 18' 14"E, 376.14: feet to the NE corner of this tract; THENCE S 15 deg. 41'33"W, 720.431 fee to the SE corner of this tract; THENCE N 28 deg. 01'09"W, 728.49feet to the NW corner of this tract, also being on the THENCE N 48 deg. 58' 29"E, with the South boundary line of FMI Road 9299, 231.92 feet South boundary line of FM Road 929; to the Place of Beginning. P243 EXHIBIT"A" All that certain five (5) acres, being a part of the Henry Farley and J. A. Clayton Surveys situated in Coryell County, Texas, and being further described by metes and bounds as BEGINNING S60 deg. 18'W, 332.02 feet and S 48 deg. 58' 29", W, 146.64 feet fromi the most northrly corner of that certain 177 acre tract described in Volume 173, Page 580, Deed follows: Records, Coryell County, Texas; THENCES740 deg. 18'14"E, 376.141 feet to the NE corner of this tract; THENCES150 deg. 41'33"W, 720.431 feet to the SE corner of this tract; THENCE N 28 deg. 01' 09" W, 728.49 feet to the NW corrner of this tract, also beng on the THENCE N 48 deg. 58' 29' E, with the South boundry line of FM Road 929, 231.92 feet to the South bourndry line of FMI Road 929; Place of Beginning. 10/8/24,4 4:30PM BISCons.tingWeb/yp Searh Here: 2204 coryelciyrd X Q Show search results for 220... o a e * comkcoryelica P244 6 L a X g 000000 P245 Spurhpitaluflanaw Gatesville Agenda Item #21 Date: To: From: CITY COUNCIL MEMORANDUM December 10, 2024 Mayor & City Council Bradford Hunt, City Manager Agenda Item: City Manager Report The purpose of this report is to keep the public, city council, and staff informed about ongoing projects and initiatives. Please see attached report. Financial Impact: n/a Staff Recommendation: n/a Motion: n/a 1 P246 3 D a E 0 I 6 - < / E B LI B R247 a 3 M e 3 - e la D o I P249 1 3 q - < P250 o - / a a 3 de D a A D E 8 h D3 D - O a = a - a o a + (D P251 0 D 3 8 3 5 D 1 6 a D 0 o DE a S D a T D 3 9 e o 6 a D I P252 e 3 2 a * D CD ( a (D CD a U 3 - a a 9 - 00. 3 5 D X D P253 D S U a e 3 B 3 D a - S 5 U - - 0 S a 6 0 8 D e A a 09 1n (D B e G E aD lo e a o D 09 of P254 E o & la X. a P255 I 3 - ( D a - o a a 09 3 E P256 e & o a a CD 0 0 o 0 o < 0 N 3 & & M a 3 3 es 3 de R P258 a 9 a 3 0 2 le 3 D a 8 I 3 a S a 3 P259 2024 February January 123456 6 March SM1 T W T F S SMTWTF S SMTW T F S 789 10 11 12 - 13 4567891 10 345 5678 9 2122 23 24 25 2627 18 19 20 21 222324 24 25 2627 282930 12 3 1 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 14 15 16 17 18 19 20 11 121 13 14 15 16 17 28 29 30 31 SM 252627/2829 31 April 1 2 3 4 5 6 May June W T F S SM T W T F S SM TWI T F S 1 2 3 4 1 78 9 10 11 12 13 5 67 8 9 10 11 23 45 67 8 21 22 23 24 25262 27 19 20 21 22 23 24 25 23 24 25 26 272829 910 11 12 13 14 15 16 17 18 19 20 21 22 14 15 16 17 18 19 20 12 13 14 15 16 17 18 28 29 30 26 27 282930 31 August 30 July 1 23 4 5 6 September SM T W T F S SMT W T F S $M T W TF S 78 91 10 11 12 13 45678910 89 - 10 11 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 252627 18 19 20 21 22 23 24 22 23 24 25 26272 28 123 123456 - 7 2829 30 31 25 26 27 2829 3031 29 30 November October 123 4 5 December SMTWT F S SM TW TF S SM TW TF S 678 9 10 11 12 3 4567 8 9 891 10 11 12 13 14 13 - 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 2021 22 23 24 25 26 17 18 19 20 21 22_23 22 23 24 25 262728 12 12 34 56 7 27282930 31 242 25 26 27 28 29 30 29 3031