Chad Mees, Mayor Vickie Cooper, Mayor Pro-Tempore Gayle. Jones, Council Member Jackie Ivicic, Council Member Jesse Luna, Council Member [Vacant), Council Member NOTICE AND AGENDA OF A CALLED MEETING OF THE CITY COUNCIL OF THE CITY OF BARTLETT, TEXAS Notice is hereby given that the City Council of the City of Bartlett, Texas will hold a Regular Called Meeting 6:001 PM Monday,January: 27,2025 Bartlett City Hall 140 W Clark Street, Bartlett, TX76511 For citizen comments, please contact Brenda Kelley, City Secretary at municpalcourl@bartiett-tx.s). CALL TO ORDER, DECLARE. A QUORUM, PLEDGE OF ALLEGIANCE, AND INVOCATION CITIZENS COMMUNICATION (The City Council welcomes public comments on items not listed on the agenda. However, the Council cannot respond until the item is posted on aj future meeting agenda. Public comments are limited to. 3 minutes.) REPORTS 1. City Administrator a. January 219, 2025 Freeze ii. Daily Operations iii. Community Impact . Emergency Operations Plan EOP)/Infrastructure Monitor REGULAR AGENDA: REVIEWIDISCUSS AND CONSIDER ACTION 1. Discuss, review, and take any necessary action on the appointment ofthe Council Member Vacancy a. Shawn George b. Elizabeth Anderson Property Group (ARPA) Spend Plan 2. Discuss, review, and take any necessary action on the water reservation agreement with 5B 3. Discuss, review, and take any necessary action adjusting the Bartlett American Rescue Plan Act 4. Discuss, review, and take any necessary action on the purchasing of six-hundred (600) Vision 5. Discuss, review, and take any necessary action on the Willamson County Election Service 6. Discuss, review, and take any necessary action on the Cadence Bank Financing for the approved ST-AMI Meter at $79,500 from the ARPA Spend Plan. Agreement patrol vehicles FUTURE AGENDA ITEMS ADJOURN Page 1of2 Chad Mees, Mayor Vickie Cooper, Mayor Pro-Tempore Gayle Jones, Council Member Jackiel Ivicic, Council Member Jesse Luna, Council Member [Vacant), Council Member ARTLE All items listed on the agenda are eligible for discussion and/or action. The City Council reserves the right to retire into executive session at any time during the course of this meeting to deliberate any of the matters listed, as authorized by Texas Government 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about gifis and donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices) and. 551.086 (Economic Development). Allj final deliberations and actions ofthe governing body. shall be held in an open Icertify this agenda was posted, pursuant to Texas Government Code 551.043, at least 721 hours prior to the commencement meeting as required by Texas Government Code. 551.102. of the meeting ina accordance with the Texas Open Meetings Act. Posted Friday,January? 24,2025, at or before 6:00P.M. E Posted /s/ Adrian by Flores- City Administrator Page 2of2 CNTY OA EST. 1891 $25.53 EMERGENCY OPERATIONS PLAN Table of Contents Section Page 3 5 6 7 8 8 10 10 11 12 13 14 15 19 20 23 25 26 30 36 39 41 42 45 Definitions Safety EOP Sections Business Continuity & Mutual Aid 1-Approval and Implementation Section 1.0 Plan Revisions/A Approval(s) 1.1 Introduction and Applicability 1.1.2 Purpose / Goals 1.1.3 Applicability 1.1.1 Message from the City Administrator, /City Secretary 1.1.4 Internal Training / Annual Drills 1.2 Plan Maintenance and Plan Responsibilities 3-Pre-ldentified Supplies for Emergency Response Plan 4-Staffing During Emergency Response Plan 2-Communications Plan 5-Weather-Related Hazards Identification Plan and EOP Activation Procedure EOP Annexes (A) Weather Emergency Annex (B) Load Shed Annex (C) Pandemic and Epidemic Annex (D) Wildfire Annex (E) Hurricane Annex (F) Cyber Security Annex (G) Physical Security Incident Annex Appendices A. Cold Weather Checklist B. Hot Weather Checklist PAGE 12 Definitions Annex: As section of an emergency operations plan that addresses how an entity plans to respond in Drill: An operations-based exercise that is a coordinated, supervised activity employed to test an entity's Emergency Operations Plan (EOP) or a portion of an entity's EOP. A drill may be used to develop ori test new policies or procedures or to practice and maintain current skills. Emergency: A situation in which the known, potential consequences of a hazard or threat are sufficiently imminent and severe that an entity should take prompt action to prepare for and reduce the impact of harm that may result from the hazard or threat. The term includes an emergency declared by local, state, or federal government, or Electric Reliability Council of Texas (ERCOT) or another reliability coordinator designated by the North American Electric Reliability Corporation and Entity: An electric utility, transmission and distribution utility, Power Generation Company (PGC), municipally owned utility (MOU), electric cooperative, Retail Energy Providers (REPs), or ERCOT. Electric Reliability Council ofTexas (ERCOT):Thei independent: system operator fort the region, ERCOT schedules power on an electric grid that connects more than 52,700 miles oft transmission lines and 1,030+ generation units. It also performs financial settlement for the competitive wholesale bulk- power market and administers retail switching for nearly 8 million premises in competitive choice Hazard: Anatural, technological, or human-caused condition1 that is potentially dangerous or harmful tol life, information, operations, the environment, or property, including a condition thati is potentially Threat: The intention and capability of an individual or organization to harm life, information, operations, the environment, or property, including harm to the continuity of electric service. Public Utility Commission of Texas (Commission) (PUCT): The Public Utility Commission of Texas regulates the state's electric, telecommunication, and water and sewer utilities, implements respective legislation, and offers customer assistance in resolving consumer complaints. Office of Public Utility Counsel (OPUC): The Office of Public Utility Counsel (OPUC) was created by the Texas Legislature in 1983 to represent the interests of residential and small commercial consumers, as a class, in utility proceedings in Texas. Pursuant to its current statutory mission, OPUC represents residential: and small commercial consumers, asac class, int the electric, water, wastewater, and telecommunications utility industries in Texas. OPUC primarily represents these consumers before the PUCT, State Office of Administrative Hearings (SOAH), state courts and ERCOT. Texas Division of Emergency Management (TDEM): The Texas Division of Emergency Management (TDEM) coordinates the state emergency management program, which is intended to ensure the state and its local governments respond to and recover from emergencies and disasters and implement plans and programs to help prevent or lessen the impact of emergencies and disasters. TDEM implements programs to increase public awareness about threats and hazards, coordinates ane emergency involving a specified type of hazard or threat. that is applicable to the entity. areas. harmful to the continuity of electric: service. PAGE 13 emergency planning, provides an extensive array of specialized training for emergency responders, local officials, and administers disaster recoveryand hazardr mitigationp programs ini the State ofTexas. Note: Other relevant terms are defined in EOP Sections and Annexes. PAGE 14 Safety The City of Bartlett (COB) Safety Program /Safety Manual always remains in effect. During any type or level of emergency the policies, procedures, and information contained in the Safety Manual is to be Inar major electric system event, COB may augment safety personnel with safety coordinators from other entities and/or agencies. Safety Coordinators will be assigned to each contractor that is assisting with restoration and ensure all crews follow safety procedures and policies, and engage in ongoing communications focused on safety rules, procedures, and strategies, during all phases of restoration efforts. adhered to by all COB personnel, with no exceptions. PAGE 15 Business Continuity & Mutual Aid City of Bartlett (COB) recognizes that providing reliable electrical power to its customers is a critical component of maintaining the health, safety, welfare, and quality of life fori the community we: serve. COB also recognizes that disruptions to its ability to provide uninterrupted services can and will occur for a number ofr reasons or events including equipment failure, weather, accidents, intentional physical or cyber- attacks, wildfires, and other unforeseen circumstances. COB has created and maintains plans, policies, and procedures that are intended to ensure that the city andi its utility operations remain prepared to address emergency events ast they arise in order to return to normal operations after an emergency event or disruption of service in a safe and efficient City of Bartlett shall coordinate with the Texas Public Power Association (TPPA), regional utilities, and qualified contractors to provide appropriate resources in an event of a scale that requires outside manner. resources, equipment, and personnel. IfCOB determines the needi for outside assistance, the City Administrator, /City Secretary (or Electric Superintendent if designated), shall make any formal requests for outside assistance. COB may directly contact area utilities to arrange support. COB may directly contact current contractors to arrange support. emergency event or situation requires TPPA assistance. COB is a member of the TPPA and shall coordinate and communicate with TPPA as needed if an The general procedure for securing emergency assistance / outside restoration resources is as Survey the extent of damage and determine as soon as possible to determine potential Consult TPPA for information on other Municipal Utilities, and contractors to determine available manpower, equipment, tools, inventory, and overall ability to provide resources. follows: requirement for outside resources in terms of personnel and equipment. PAGE 16 CNTY OA SAS EST. P 1891 $25.53 EMERGENCY OPERATIONS PLAN SECTIONS PAGE 17 Section-l)Approval and Implementation Section 1.0 Plan Revisions s/Approvalls) Thisversion oft the City of Bartlett (COB) Emergency Operations Plan (EOP) was developed to comply with the 16TAC925.53.flectric Service Emergency Operations Plan Rule, that was approved by the Texas PublicUtility Commission on February 25, 2022. The 16 TAC $25.53 made several significant changes to the existing rule based on issues identified after the Winter Storm Uri/ ERCOT Load Shed Emergency during February-2021, The EOP isi intended to provide COB withac clear set of guidelines, policies, and procedures, designed to guide the City'spreparations, responses, and actionsr related to all phases and types of electric system emergencies. This Plani is al living document and shall be reviewed and updated on a regular basis. The City Administrator /City Secretary and the Electric Superintendent are responsible for coordinating these systematic updates. * Note - Each approved / active version of the Plan remains in effect until replaced / superseded by an including requiring Municipally Owned Utilities (MOUs) to comply with 161 TAC $25.53. updated and approved version. PLAN APPROVAL /VERSION Date May 26, 2022 March 1, 2023 February 9, 2024 nL C..,.. City of Bartlett Version 01.00 01.01 01.02 Date 34 PAGE 18 Individual(s)! Responsible for Plan Administration Thei individual(s) listed int the Table below are responsible for maintaining, updating, and implementing the Emergency Operations Plan and, have been designated to have authority to change the Plan: Name Mayra Cantu Title City Responsibility Authority to Change/ Approve Plan Administrator. Maintains and provides Authority to change the Administrator/ updates and modifications. Must review City Secretary and approve all changes to the EOP. EOP. Must approve all changes to EOP. Change History: Version 01.00 01.01 01.02 Description of change Review Date May 26, 2022 April21,2023 February 8, 2024 EOP Pursuant to 16 TAC $25.53 - Document Inception Annual Review - no material change identified Annual Review- - no material change identified Updated section 1, Plan Administrator and Approver PAGE 19 1.11 Introduction and Applicability 1.1.1 Message from the City Administrator, /Citys Secretary Operating safely and effectively during electric system emergency situations is extremely important to our customers and our organization. In times of emergency events, our customers depend on us to restore service and the public depends on us for accurate and timely information. Our personnel deserve well-conceived policies and procedures to guide and direct their actions during difficult and Our Emergency Operations Plan is a guide and resource that has been developed to provide the structure and thei integrated policies and procedures to direct our ElectricSystem personnel, Emergency Coordinators, department managers and supervisors, and frontline employees during all types of This plan is only as good as we make it. That is why we ask all Bartlett Utilities personnel to work with your supervisor, your team, andy yourt fellow employeest to understand the plan, ask questions, ands strive tof fully comprehend the information contained int this planning document. Every department and every Iknow each ofy you will perform at the highest level when the weather is extreme, when our customers are out of power, and when adverse conditions occur. Thank you fory your attention to the information oftentimes very fluid situations. electric system emergency conditions and situations. employee has a partto play in this effort. in our Emergency Operations Plan and your commitment to serving our customers. Sincerely, Mayra Cantu City Administrator/Citys Secretary City of Bartlett PAGE I10 1.1.2 Purpose /Goals The purpose of the Emergency Operations Plan is to provide the City of City of Bartlett with the information, policies, and procedures neededi to preparef fora and effectively manage: ane electricsystem This document satisfies the requirements of the Public Utility Commission of Texas (PUCT) Emergency Operations Plan (Substantive Rule 25, $25.53) and is intended to guide the organization in the preparation fore electric system emergenciesa andi top provide af rameworkforimportant tasks and actions COB maintains an Emergency Operations Plan in anticipation of a natural disaster or situation involving curtailment or majori interruptions in electrical service. The plan sets forth organizational and personnel assignments, describes emergency communications procedures and includes emergency emergency event or situation. required during a system emergency. contacts. Overall, the primary goals fort the plan include: emergency conditions and situations. Provide the structure, policies, and procedures to guide the organization during all types of Enable COB, other utility and governmental entities, customers, and stakeholders to coordinate and communicate effectively during emergency situations and events. Establish procedures for the restoration of electrical service in a systematic and efficient manner by effectively utilizing COB's human and physical Iresources and, ifnecessary, bys securing Ensuret that COB maintains compliance with the rgulatoryregurements related to emergency and utilizing outside resources. operations and emergency response. The plan is organized into the following sections: Section (Section-1). Approval and Implementation Secton2)Communcations Plan (Section-3) Pre-ldentified Supplies for Emergency Response Plan (Section-4): Staffing During Emergency Response Plan (Section-5) Weather-Related Hazards Identification Plan and EOP Activation Procedure Annexes Weather Emergency Annex Load Shed Annex Pandemic: and Epidemic Annex Wildfire Annex Hurricane Annex Cyber Security Annex Physical Security Incident Annex PAGE 111 1.13Applicability The policies, procedure, and tasks contained in the Emergency Operations Plan (EOP), apply to all types of emergency events and situations that impact the COB electric system, including the system The EOP is the document that guides the organization in the preparation phase, during system Thel Plan Administrator has overall responsibility for thei implementation oft the plan and will ensure that each area oft the City that plays a role in the preparation and response to an emergency hasi input int the facilities and operations. emergency events, andi int the restoration and recovery phase ofa an event. development of the EOP and has the required training and exposure to the EOP. PAGE 112 1.1.4 Internal Training / Annual Drill The City of Bartlett is committed to EOP training for COB utilities personnel. Training shall be conducted on a regular basis and include the appropriate materials for various departments and areas of the organization. City of Bartlett shall review the EOP with all employees on an annual basis. The training / review sessions for Electric Utility Operations personnel shall include a "table- top" exercise and a review of the current plan. The session shall likely be conducted in Following thet training and annual drill, COB shall assess the effectiveness of the drill andi modify The Plan Administrator shall coordinate with all COB managers and supervisors to determine the Regional governmental agencies/entitiesi ini the COB: service area conduct emergency exercises on aregular (annual) basis. When possible, COB will participate int these exercises and coordinate with COB shall conduct a "debriefing" after each operational use of the EOP. These sessions include a review oft the event andi identify the successful: aspects oft the EOP as well as areas that may require conjunction with a monthly safety meeting. its EOP as needed. most effective manner to conduct a review with other COB departments. area entities on planning for emergency events. improvement or additional procedures. PAGE 113 1.2 Plan Maintenance and Plan Responsibilities administration and implementation of the EOP. The City Administrator / City Secretary is the Plan Administrator for the EOP. This role is central to the The responsibilities oft this role / position include the following administrative duties and actions: Maintain the EOP and approve updates. Any changes and updates will also require approval of the Coordinate the systematic updates and modifications to the EOP as regulations change and evolve, as best practices and "lessons learned" from actual events and other utilities become available and Ensure the lists and other information in the EOP Appendices are maintained as designated in the City Administrator/City: Secretary. as personnel and organizational changes occur at COB. EOP List Directory. Ensure thet tasks identified in the EOP are completed and tracked. The Plan Administrator has multiple responsibilities related to maintenance, accuracy, training, and overall effectiveness of the plan. Plan administration responsibilities are provided int this section. Ensure that the Emergency Operations Plan meets all requirements of PUCT Substantive Rule 25.53(h). Coordinate annual submittals to the PUCT, ERCOT and other agencies. Track changes tot the EOP and determine ift the changes are significant and warrant thei filing of a new version of the Plan with PUCT, no later than 30-days after the change takes effect. Conduct at formal review of the EOP each year. This review shall occur following the annual table-top Ensure that the emergency contact information is maintained and reported to the PUCT as required Maintain a copy oft the current EOP and make this available to PUCT staff upon request. exercise, or as needed. within 30-days of the change. PAGE 114 (Section-2) Communications Plan 2.0 Purpose and Applicability To provide the communication guidelines, policies, procedures, and pre-developed content that City of Bartlett shall utilize in all types and levels of electric emergency events. 2.1 Administration/ /Initial Tasks Develop /Implement Emergency Operations Communications Plan (EOCP): COB shall develop and maintain a communications plan to guide COB during emergency events, including significant electric service outages. The EOCP contemplates all types of system emergencies and provide the guidelines, policies, procedures, and pre-developed content that COB shall utilize to communicate with all external audiences and stakeholders. Additionally, the EOCP shall address COB's customer complaint handling procedures during an emergency event. The EOCP is summarized in this section of the EOP. 2.2 Annual Review/ / Ongoing Maintenance The EOCP shall be reviewed annually (or as needed) by the Plan Administrator and the Communications Coordinator to ensure that thei information is current. The EOCP shall be maintained by the Communications Coordinator. 2.3 Content oft the Emergency Operations Communications Plan The EOCP includes the following information regarding the strategies, policies, and procedures during an electric system emergency, including: 2.3.1 Emergency Event Communication Strategies Key strategic elements of the plan are based on industry best practices along with lessons learned from past emergency events. Key Emergency Event Communication strategies are listed below: Readiness and Activation: COB Directors, Managers, Supervisors, and key staff will monitor potential emergency situations: and conditions and activate: appropriate levels ofi internaland Open and' Timely Communication: COB Directors, Managers, Supervisors, and key staff will share all relevant information regarding the preparation, operations, restorations and other relevanti information with the Communications Coordinator, internaland external: audiences, Engagement and Communication with Relevant Agencies and Entities: The Communications Coordinator and the City Administrator / City Secretary will work closely and coordinate with local, regional, and State agencies and entities to ensure effective communications regarding outage and restoration conditions, status, and plans. Ongoing and Effective Training: COB has developed and shall implement a comprehensive Emergency Operations Plan training program for all COB personnel. This training can be customized to the various departments to ensure key EOP information is conveyed to the Emergency Operations Center (EOC) and Channels: COB will establish in-person and/or virtual EOC to ensure event status and operational communications across all relevant COB departments andi teams. As needed, COBI will utilize video conferencings software to establish external communication procedures. and stakeholders in at timely manner. respective groups. PAGE 115 avirtual EOC with regular briefings and meetings to share operational, logistical, communications, and coordination status with other entities and agencies. 2.3.2 Emergency Event Communication Policies Development and Maintenance of Emergency Operations Communication Plan: COB shall develop and maintain a plan that contains communication guidelines, policies, procedures, and pre-developed content that COB: shall utilize in all types and levels of emergency events. Tracking and Coordination of External Communications: During any declared emergency, the Communications Coordinator will be responsible for the coordination and tracking of all COB external communications. Communications Coordinator will coordinate closelywithi the City Administrator /C City Secretary and the Electric Superintendent to ensure all external press/media releases, interviews and associated communications contain accurate and Primary Spokespersonls): The CAO and /ort the Communications Coordinator will direct and serve as the primary spokesperson(s) for the city. The City Administrator / City Secretary may delegate / designate other senior COB staff to prepare communications and / or make statements to COB's customers, the public, and the media (including social media). COB Employee Communications with Media / External Communications: Any COB employee contacted by the media should refer the contact to the Communications Coordinator (and designees). Unless a COB employee has been given specific authority to disclose information to the media, and/or present the city's official position, comment should not be provided. Any COB employee pressed by the media fori information should be polite, but firm in their referral toi the Communications Coordinator (and designees). Pre-Developed Communications Pre-Scripted Content and Templates: COB Communications Department shall develop pre-scripted templates for news releases, social updated information. media posts and other media communications. 2.3.3Handling Customer Complaints and Contacts: The procedures for addressing complaints, concerns, and inquiries from COB's customers is as follows: COB Customer Services shall make every effort to receive /a answer all calls from customers including customers registering complaints, concerns, and asking questions regarding the emergency event and related information and updates regarding COB's restoration efforts and status. 2.3.4 Communicating with the Public: Thel Electricsuperintendent will coordinate witht the Communications Department to provide official updates on COB's power restoration process and post this information on the COB website and appropriate social media outlets. These official status reports/updates will be posted as frequently as iti is practical to do SO. 23.5Communicating with the Media: Communications Coordinator (and designees) may notify local media and the public of Int the period prior to a likely event, the Communications Coordinator (and designees) will preparations taken by to prepare for the event. PAGE 116 assemble and review materials and brief staff/managersi regarding basic procedures and the types of messaging that could be provided during aj pending event vias standard and/ors social Communications Coordinator (and designees) will maintain media contact lists for local and Periodic updates will be provided to local and major media outlets in and around the COB service areas throughout the event. All local media outlets will be notified of new Major media outlets including regional newspapers and radio stations will be provided daily updates on COB's power restoration process. COB will send updates often and promote The Electric Superintendent will coordinate withi the Communications Coordinator to provide official updates on COB's power restoration process and post this information on the COB website ando other outlets. These omcaisatsvepots/vpastes willl be posted asr restoration media platforms. regional media. developments in their areas as they occur. information that is posted to COB'swebsite and social media sites. status changes. 2.3.6 Communicating with Customers: COB Utilities Customer Service Manager shall designate personnel that are responsible for customer communications (that will be synchronized with any/all media communications COB Utilities Customer Service Manager will coordinate with the Communications Coordinator to provide official updates on COB's power restoration process to customers and post this information on the COB website. These official status reports / updates will be Customer Services will provide additional status information in the same section of the COB website to inform customers (and media) of any additional restoration information. prepared by the Communications Coordinator). posted daily or as frequently as it is practical to do: SO. 2.3.7 Communicating with the PUCT: Upon request by PUCT staff during an activation of the State Operations Center (SOC) by the Texas Division of Emergency Management (TDEM), the City will provide updates ont thes status of operations, outages, and restoration efforts. Updates shall continue until alle event-related COB Electric Superintendent will coordinate with the Communications Coordinator to provide official updates on COB's power restoration process and post this information on the COB website. These official status reports / updates will be posted daily or more frequently if possible. COB willi inform the PUCT oft this information source if requested. COB has provided PUCT with COB's contact information and will respond directly to any outages are restored or unless otherwise notified by PUCT staff. communications and requests from PUCT and /or OPUC. 2.3.8C Communicating with the Office of Public Utility Counsel (OPUC): Upon request by OPUC during an activation of the SOC by the TDEM, the City will provide updates on the status of operations, outages, and restoration efforts. Updates shall continue until all event-related outages are restored or unless otherwise notified by OPUC. COB will maintain open channels of communication with PUCT and OPUC. PAGE 117 2.3.9 Communicating with Local and State Governmental Entities, Officials, and (County) Emergency Operations Centers: The City Administrator / City Secretary's Office and Communications Department will work closely and coordinate with local, regional, and State agencies and entities to ensure effective communications regarding outage and restoration conditions, status, and plans. The City Administrator / City Secretary's Office and Communications Department or designees (including Incident Commander and other designated ICS personnel), will actively participate and coordinate with thei following entities and groups: Regional/ I/County Emergency Managers; State and local government agencies, including Texas Division of Emergency Management (TDEM), the Texas Public Utility Commission (PUCT), and regional utilities. As appropriate, coordinated communications will be developed and distributed in conjunction with these entities. 2.3.10 ERCOT: COB will maintain open channels of communication with COB's ERCOT Designated Transmission Operator, which is the entity that will communicate with ERCOT regarding any COB has provided ERCOT with COB's contact information and will respond to any and all communications and requests from ERCOT and / or the Transmission Operator. Firm Load Shed status. 2.3.11 Critical Load Customers: Customer Services and Communications Department will direct Critical Load Customers to COB website and social media pages for relevant information. 2.3.12 Internal Communications: The Communications Coordinator (and designees) will keep COB personnel informed of The communications Coordinator will coordinate internal communications with the Electric Superintendent, City Administrator / City Secretary's Office and Incident Commander if designated during the entire period ofa /Hlemeemyresonton situations. outage updates and media communications. PAGE 118 (Section-3) Pre-Identified Supplies for Emergency Response Plan To provide guidelines for the management of materials, supplies and resources that COB may need during 3.0 Purpose and Applicability emergency events. 3.1 Administration, /Initial Tasks Develop /I Implement a Pre-Arranged Supply Plan: COB shall develop and maintain a Pre-Arranged Supply Plan that provides COB personnel (and contractors) with access to sufficient supplies to support emergency operations during all types and levels ofe emergency event(s). 3.2 Annual Review / Ongoing Maintenance Coordinator, and management personnel. 3.3Supplies and Resources Preparation The Pre-Arranged Supplies Plan shall be reviewed annually (or as needed) to ensure that the information is current. The Pre-Arranged Supplies Plan shall be maintained by the Electric Superintendent, Purchasing 3.3.1 Suppliers: COB procures materials and supplies from multiple vendors. Int the period prior to al likely 3.3.2 Advance Preparations Related to a Specific Approaching Event: Preparations for a known approaching storm or system event will be made to the extent possible. Examples would be major wind and lightning storms, rising water and flooding, tornados, and other events such as public health 3.3.3Location of Emergency Supplies: COB maintains inventories of electric distribution materials int the utility warehouses in the City of Bartlett. The COB Electric Superintendent and Utility management staff are responsible for maintaining inventories of materials required for significant restorations and 3.3.4Fuel Supply: COB has agreements in place with local bulk distributors of gasoline and diesel fuel. 3.3.5 Lodging/Food and Laundry: In a major event, the City Administrator / City Secretary's Office may designate al Logistics Officer to be responsible for locating/arranging lodging, meals, and laundrys service for COB personnel incapable of returning home during Major (E-2) and/or Catastrophic (E-3) events and event, emergency supplies shall be checked and supplemented (if needed). epidemic or pandemic events. obtaining additional materials and supplies for major outages. for contract support crews called upon to helpi in the restoration efforts. The pre-arranged supplies shall be accessed and utilized as needed. coordinate the potential need for additional materials and supplies. 3.4 Actions inal Major or Catastrophic Event Depending on the level of event Utilities Management personnel shall manage the distribution of supplies to the appropriate Electric Utility operations personnel and contact material suppliers to Inal large-scale outage with significant damage to overhead distribution facilities where additional materials and supplies are required, the COB Purchasing Coordinator and Utilities Management personnel shall manage and coordinate the procurement, delivery location and management of all materials and supplies. PAGE 119 Section-)Staffing During Emergency Response Plan 4.0 Purpose and Applicability To provide the roles and assignments for COB personnel during severe weather events and other types of potential emergency situations. The roles listed below can be assigned and delegated by the City Administrator /C City Secretary and/or the City Administrator/City: Secretary's designee. 4.1 Administration, / Initial Tasks Develop /Implement an Emergency Staffing Plan: COB shall develop and maintain a Staffing Plan for Electric Utility Emergency Response. This plan will focus ont the command: structure for different levels of emergency events that are based on the characteristics oft the electric system outage and restoration timeframe. The Emergency Staffing Plan shall be reviewed annually (or as needed) to ensure that the information is current. The Electric! Superintendent: and City Administrator/City, Secretary's Office shall review the ICSr roles to ensure they include electric utility functional areas are integrated with other City ICS roles and functional 4.2 Annual Review / Ongoing Maintenance areas. 4.3 Emergency Staffing Plan COBI will utilizet the standardo organizational structure fore emergency events that are limitedi to electric utility service. The Electric Superintendent and management staff with the Electric Superintendent will direct the Electric Department's management and response to the event. In a major or catastrophic event thati impacts multiple utilities and/or are considered "City-wide" emergencies, the City will follow protocols to initiate the City Emergency Operations Center (EOC). EOC staffing will implement an Incident Command Structure (ICS) that includes standard ICS roles, responsibilities, Some COB personnel may be asked to suspend normal job responsibilities and take on additional responsibilities and tasks. These assigned roles and duties will be made by the City Administrator/ and procedures. City Secretary ort the City Administrator/City: Secretary's Designee. 4.4 Work Schedules Continuous Work Time of Less Than 24 Hours Depending on thet time oft the dayastorm/emergency, occurs, service may be restored in less than 24 hours utilizing COB's Electric Utility personnel. The key to determining restoration timei ist the use ofe experienced personnel to perform assessment oft the affected areas. Based on1 this information, the COB Electric Superintendent and management staff, andi the Electric Superintendent will determine ana approximate restoration time. Ifitiso determined that work can be completed without working employees over 24 continuous hours (including regular shifts), COB's Electric Superintendent may choose to proceed with restoration activities. Restoration of service in excess of 24 continuous work hours should be accomplished by implementing a rotating schedule of not more than 16 hours on-duty and not less than 8 hours off duty: ideally 14 hours on and 10 hours off. The goal is to use the majority of the work force during daylight hours to maximize restoration effortsa and safety. Anticipated Continuous Work Time in Excess of 24 Hours PAGE 120 COB Electric Utility personnel shall maintain an around-the-clock schedule, weather permitting, and safe work conditions. For public safety, the night schedule should be staffed withsufficient personnelt tol handle severe emergencies (wires down, arcinge equipment, etc.). Damage assessment should continue sO that work is ready for those crews returning from Normally, shifts shall be 7:00am-7:00pm and 7:00pm-7:00am. However, the Electric Superintendent will retain the flexibility to coordinate different standard shift times rest. according toi the situation, season, or other factors. PAGE 121 (Section-5) Weather-Related Hazards Identification Plan and EOP Activation Procedure 5.0 Purpose and Applicability To maintain real-time awareness of the prevailing weather and of developing weather events, including tornadoes, hurricanes, extreme cold weather, extreme hot weather, drought, andi flooding, that may have an impact on COB's normal operations, and the policies and procedures related to declaring an emergency and activating the EOP. 5.1. Administration, /Initial Tasks Develop /I Implement a Weather-Related Hazards Identification Plan: COB shall develop and maintain connection to mission-critical weather resources, to include National Weather Service (NWS), National Oceanic and Atmospheric Administration (NOAA) and other national, regional, and local media sources to Weather-Related Hazards Identification Process: The Electric Superintendent and management staff shall develop a process to monitor, and track developing weather events and provide information to the proper monitor weather forecasts and current information. contacts within the organization. 5.2 Annual Review / Ongoing Maintenance The Weather-Related Hazards Identification Plan shall be reviewed annually (or as needed) to ensure that the information is current and that the process is operating effectively. The Weather-Related Hazards Identification Plan: shall be maintained by the Utilities Operations Manager. 5.3 Pre-Event Tasks COB maintains video screens and monitors weather information in the COB Operations / Dispatch COB monitors and reports weather / fire danger information to COB Electric Utility Operations personnel. Reporting shall be done viae electronic communications prmalycommuncations channel via email to management and supervisor group). Other communications mayi include text messages COB uses various internet/web-Dased sources to access weather information. Multiple COB management personnel and staff monitor available weather websites and other sources. The weather sites provide data on storm movement, strength, and possible severe weather, tornado, or Storm and relevant weather information is shared via email(s) to COB managers and supervisors and ift there is limited lead time, the COB Electric! Superintendent (or designee) shall make calls and send work areas as well as in key offices and meeting rooms in each COB1 facility. and/o or video conference calls /r meetings as appropriate. winter storm/ ice: scenarios. texts to management, supervisors, and electric utility personnel as needed. 5.4 Notes/ / Resources National Weather Service (NWS), once known as the Weather Bureau, is a part of the National Oceanic and Atmospheric Administration (NOAA) of the United States government. NWS is tasked with providing forecasts, public warnings, and other products to organizations and the publici fort the purposes of protection, safety, and general information. This is done throughac collection of national PAGE 122 and regional centers, and 122 local weather forecast offices (WFOs). As the NWS is a government agency, most of its productsa are int the public domain and available free of charge. National Oceanic and Atmospheric Administration (NOAA) is a scientific agency within the United States Department of Commerce focused ont the conditions oft the oceans and the atmosphere. NOAA warns of dangerous weather, charts seas and skies, guides the use and protection of ocean and coastal resources, and conducts research to improve understanding and stewardship of the environment. The following table provides links to various weather services resources: Weather Service / Information Resources ERCOT- - Meteorologist Report NWS-5-day Rain Forecast NWS - National Weather Service NWS-C Current Radar tp/wwwerot.comboutweather http:l/www.wpc-nep.noaagov/gpt/dayl-5.shtm! tps/wwwweatner.ox tps/fatarweathersow NOAA - Storm Prediction (Tornadoes) tp/www.spcnoagow 5.5 Emergencylevels Policy /Procedures - Electric Utility This section provides structure, procedures, and tasks related to COB's Electric Utility'sn response to allt types of possible emergency events and incidents and gives the COB City Administrator/C City Secretary or the City Administrator / City Secretary's Designee, the responsibility and discretion to declare a situation, event, or incident as an "Emergency". When a situation, event, or incident is deemed to be an emergency, COB Electric Utility shall utilize a standard organizational structure for lower-level emergency situations (see descriptions below) and will implement an Incident Management System (ICS) structure to coordinate activities and manage major and catastrophic level events. This shall ensure that there are clear roles and The Electric Superintendent (or Incident Commander) is responsible for completing an "Emergency Declarationand Tracking Form" (EDT-Form). This form shall document thet time, scope, and expected duration along with other key documentation of the event. If an emergency event changes state (e.g., from a "P" to an "E-1"; or from an "E-2" to an "E-3"), this form shall reflect these and other The designation of an emergency event or incident shall generally fall into the following types and responsibilities for each emergency event. changes in status and relevant information regarding the emergency response. levels of emergencies: 1) Pre-Emergency Preparation (P) a) COB conducts normal business whilei individuals responsible fore emergency preparationi tasks b) Typically lasts up to 24 hours and may escalate if forecasts or actual events unfold or if initiate these preparatory tasks. corrective measures are not timely and effective. PAGE 123 c) An Incident Commander may be designated depending on the potential impact of the storm or forecasted event. If designated, the Incident Commander will typically be the Electric Superintendent or other utility management staff. 2) Significant Event(s)(E-1) a) The emergency event is significant in al limited area. Thel loss or curtailment of service affects al limited area of the system and should be corrected within 24 hours (for example, a disruption of electric service in one or more districts, with power being restored to all areas within 24 hours). 3) Major Event(s) (E-2) a) A segment of the organization has experienced a power interruption or other significant business disruption in excess of 24 hours, or where the need for power restoration requires b) Major events are severe but not yet catastrophic. This type of emergency needs to be monitored closely to determine if, in fact, it will escalate to a catastrophic condition. ) Major events are expensive and can include problems like loss of critical components oft the electric infrastructure such as substations, transmission assets, and large amounts of COB's distribution system. A major event couldi include loss of COB's ability to conduct business. a) A Catastrophic Event can occur when a significant portion of the electric system is lost due toanatural or man-made disaster; or thei informationtechnology center is lost duet to system b) The organization must have systems in operation within 72 hours or experience significant the suspension of normal field work. 4) Catastrophic Event(s) (E-3) failure for an extended period. economic loss. 5) Recovery (R) a) After an emergency event the organization shall require a period to return to normal b) The Electric Superintendent and City Administrator, / City Secretary's Office to organize the recovery tasks, reporting tasks, and other related operational and business actions required operations. for thet full recovery of the system and operations. PAGE 124 FCNTY Op EST. 1891 $25.53 EMERGENCY OPERATIONS PLAN ANNEXES PAGE 125 (A) Weather Emergency Annex A.1 Purpose and Applicability To provide the procedures for COB personnel to respond to cold or hot weather emergency situations including a checklist for COB personnel to use during cold or hot weather emergency response to ensure necessary supplies and personnel are available through the weather emergency. A.2 Administration, / Initial Tasks Develop /I Implement a Hot and Cold Weather Emergency EOP Annex (Weather Emergency Plan): COB shall develop and maintain a Weather Emergency Plan that provides the procedures and a checklist for COB personnel to implement to prepare for an imminent cold or hot weather event that has a probability of resulting in a system emergency event. A.3 Annual Review / Ongoing Maintenance and maintain the Weather Emergency Plan. A.4 Weather Emergency Procedures The Electric Superintendent or designee shall conduct a review of the Weather Emergency Plan each year A.4.1 Cold Weather Event Preparation Procedures (Checklist = Appendix A) Starting 48-72-hours prior to the forecasted arrival of severe cold weather conditions (freezing rain, snow, ice, winds, and extreme cold temperatures); COB Electric Utility Activate staffing plan to ensure Electric Utility Operations personnel are prepared and available for service during the anticipated timeframe of the cold weather event. Ice Storms typically are predicted with several days' notice as weather conditions develop. Weather willl ber monitored: at the COBI main office and Dispatch by television, weather radio, personnel shall: and internet as necessary. Ifani ice storm and / or severe winter weather is predicted: Material stock will be checked, and additional material may be ordered for major COB vehicles will be made ice storm ready with truck and tool inspections, fueling and de-icing materials, housekeeping including cleaning windshields and lighting, pole and line replacement. and additional stock of wire, splices, connectors, and fuses. Additional windshield fluid will be maintained for use as needed. Backupg generators willl be checked for fuel and operationi for extended loss of power. De-icer willl be placed by the Street Department at strategic locations for application tos sidewalks and parking areas at the main office and service center as required. COB Electric Department personnel and contract crews will be placed on notice to be All crews will make up duffel bags with clothing required for working in extended cold available as needed during and after business hours. weatherwork. PAGE 126 Based ont forecasted: severity, The County Emergency Management Coordinator(s), Thel Texas Division of Emergency Management (TDEM) Coordinators, Texas Public Power Association (TPPA), and additional contractors may be contacted prior to damages. During icy conditions normal line construction will cease andy vehicles willl be arranged soi that crews and equipment willl have as short response time to all areas of the system. Digger trucks will have additional poles loaded according to predicted severity. Contract crews must check in with the COB Operations as required if wishing to leave Contractors will inform the Electric Superintendent of contact and equipment location Travel willl be restricted to "as required". because of rain out. information in case assistance is needed for restoration and repairs. Crews will be dispatchedi to assess any damage as soon as deemed safe. and relay the outage information to the dispatched personnel. Contractors may be dispatched as necessary to limit outage duration. GPS tracking may be used to monitor truck locations. The Electrics Superintendent andi individual field coordinator(s) will assess, group, coordinate, Supporting equipment (bucket trucks, digger trucks, poles, and other material) may be dispatched as anticipated before actual need to limit outage duration. Ifdeclaredac disaster area, The County Emergency! Management Coordinator(s) andi the Texas Division of Emergency Management (TDEM) Coordinators willl be contacted. The Public Utility Commission must be contacted to report significant Interruption if over 20% of customers are affected. Engineering will review engineer load study on the system (if needed) Electric Department staff will prepare and ensure all crews/ /trucks are supplied; including: Fuses Long Sticks Handlines Check heaters in warehouse Chainsaw gas, bar oil, and chains De-icer for trucks Contractors on standby Overhead Underground Internal External Material availability Fuel delivery Communication Department notified List of personnel to conduct field assessments PAGE 127 Realtime account notification Push latest map update ROW Contractor Critical Load Account notification coordinated with Customer Services Number of Crews Point of contact for crews A.4.2 Hot Weather Event Preparation Procedures (Checklist - Appendix B) (extreme hot temperatures); COB Electric Operations personnel shall: Starting 48-72-hours prior to the forecasted arrival of extreme hot weather conditions Activate staffing plan to ensure Electric Utility Operations and Management personnel are prepared and available for service during the anticipated timeframe of the hot weather Extreme heat is typically predicted with several days' notice as weather conditions develop. Weather will ber monitored at the COB main office and Dispatch by television, weather radio, event. and internet as necessary. Ifextreme heat is predicted: Material stock will be checked, and additional material may be ordered. COB vehicles will be made ready with truck and tool inspections. Backupg generators will be checked fort fuel and operation1 for extended loss of power. COB Electric Utility personnel and contract crews will be placed on notice to be available as Allo crews willr make up duffel bags with clothing required for working in extended hot weather Based ont forecasted severity, The County Emergency! Management Coordinator(s), The Texas Division of Emergency Management (TDEM) Coordinators, Texas Public Power Association Work order numbers and labor codes should be set up for each county prior to needed during and after business hours. work. (TPPA), and additional contractors may be contacted. reconstruction. Travel will be restricted to "as required". Contract crews must checki in with the COB Operations as required if wishing to leave. Contractors will inform the Electric Superintendent of contact and equipment location information in case assistance is needed for restoration and repairs. Crews will be dispatched to assess damage as soon as deemed safe. and relay the outage information toi the dispatched personnel. Contractors may be dispatched as necessary to limit outage duration. GPS tracking may be used to monitor truck locations. The Electric Superintendent andi individual field coordinator(s) will assess, group, coordinate, PAGE 128 Supporting equipment (bucket trucks, digger trucks, poles, and other material) may be dispatched as anticipated before actual need to limit outage duration. If declared a disaster area, The County Emergency Management Coordinator(s), and the Texas Division of Emergency Management (TDEM) Coordinators willl be contacted. The Public Utility Commission must be contacted to report significant Interruption if over Activate virtual meeting(s) 48-72 hours out from the projected storm impact to the 20% of customers are affected. system. Review engineer load study on the system (ifr needed). Field Crew Preparation -6 ensure all crews /t trucks are supplied; including: Fuses Long Sticks Handlines Chainsaw gas, bar oil, and chains Check ice machines Contractors on standby Overhead Underground Internal External Material availability Fuel delivery Communication Department notified List of personnel to conduct field assessments Realtime account notification Push latest map update ROW Contractor Number of Crews Point of contact for crews Critical Load Account notification with Customer Services Activate staffing plan to ensure Electric Utility Operations and management personnel are prepared and available for service during the anticipated timeframe of the hot weather event. PAGE 129 (B)L Load Shed Annex B.1 Load Shed (Firm Load! Shed) B.1.1 Purpose and Applicability To provide the procedures for shedding load, managing rotating outages, and managing planned interruptions in the reduction of load during periods of generation capacity shortages and other calls for curtailments. This Annex: alsoi includes a Critical Loads Registry Plan and al Restoration Plan that are linked to load shed events. B.1.2 Administration, /Initial Tasks Develop /I Implement a Load Shed EOP Annex (Load Shed Plan): COB shall develop and maintain a Load Shed EOP Plani in conjunction with the ERCOT Guidelines and Protocols. B.1.3 Annual Review / Ongoing Maintenance The Electric Superintendent or designee shall conduct a review of the EOP Load-Shedding / Curtailment Plan each year. The EOP Load-Shedding / Curtailment Plan shall be maintained by the Electrics Superintendent and bet filed in designated Directory. B.1.4 Firm Load Shed Program Preparation and Testing Transmission Operator (TO) (if designated). The Electric Superintendent shall be responsible for coordinating activities with the COB The Electric Superintendent shall coordinate with COB Electric Utility Engineering, Operations and Dispatch personnel to maket them aware of possible tasks andi issues related to load shedding The Communications Coordinator shall engage the elements of the Emergency Communications The Communications Coordinator, shall communicate information regarding all levels of EEA to Customer Services to be communicated to COB customers. This includes guidelines and procedures fori informing the customers/accounts listed in the COB Critical Loads Registry. COB TO is Responsible for Firm Load Shed on behalf of the City, based on the City's designation of COB TO the ERCOT Transmission Operator (TO) for the City. COB TO has obligations and COB TO periodically reviews loading on identified feeders to determine the total COB TO load The Electric Superintendent is responsible for maintaining the COB feeders which are on the curtailment list. As part oft the Annual Critical Loads Review, the Electric Superintendent shall also review the Curtailment List to be sure that there are no natural gas facilities / Industrial Critical The Electric Superintendent is the custodian oft the COBI Load Shed List and shall provide COBTO events. Plan which shall provide information to COB customers and the public. B.1.5 Firm Load Shed (ERCOT EEA Level-3): responsibilities to ERCOT based on the TO's load share of ERCOT. shed capability. Load accounts being fed from the designated distribution feeders. updates as needed and will review the list provided by COBTO. B.1.6 Load Shed Program - Event Information PAGE 130 Ina an ERCOT EEA event, COB Electric Superintendent is responsible for monitoring information As EEA levels move from EEA Level-1 to EEA Level-2, COB shall take appropriate actions to prepare for the possible EEA Level-3, which is the level where ERCOT calls for Transmission COB Electric Utility personnel shall remain on stand-by, should COB TO lose SCADA control and request assistance to manually open or reclose circuit breakers at the substation location. These and communications from ERCOT and COBTO. Operators to initiate load shed, also referred to as "rolling blackouts". field operations tasks can occur only with explicit instructions from COB TO. The Electric Superintendent shall be responsible fori the following functions: B.1.7 During Event Tasks Direct COB Electric Utility personnel to immediately suspend their work, make their job Alert COB Communications Coordinator who will provide Customer Services scripts and Direct appropriate COB personneltoreduce COBI load bys starting standby generatorsand Providing the Communications Department with information to disseminate to COB ERCOT and COB TO can initiate al load shedding operation with little warning for events that are outside the COB system.. All COB Electric Department personnel should be ready to participate in site safe, and wait for instructions. talking points for customer phone calls. turning off low priority loads. personnel, City customers, and the news media. assigned: service restoration activities and tasks. B.1.8 Load Shed Program - Post Event Information After an event, the Electric Superintendent and management staff shall review logs and communications records and provide such records to COBTOand/or ERCOT as requested. COB considers load curtailments not directed or initiated by ERCOT and COBTOtol be an internal COB does not intentionally curtail customer load for al local emergency, other than after major COB operation thati is managed as a normal business procedure. storms to eliminate unsafe conditions. B.2 Restoration Plan and Priorities B.2.1 Purpose and Applicability To provide the guidelines, policies, and procedures that COB shall utilize in system restoration activities, including restoration following al Firm Load Shed event. B.2.2 Administration / Initial Tasks Develop / Implement a Restoration Priorities Plan as part of the EOP Load Shed Annex: COB shall develop and maintain a Restoration Priorities Plan that includes restoration priorities and procedures. The Electric Superintendent and management staff develops and maintains the Restoration Priorities Plan. PAGE 131 B.2.3 Annual Review/ / Ongoing Maintenance The Electric Superintendent and management staff shall conduct a review of the Restoration Priorities Plan each year. This review shall occur prior tot the annual table-top exercise, ora asr needed. The Restoration Priorities Plan shall be reviewed as necessary or at a minimum, annually. B.2.4 Restoration Priorities and Process Following a Firm Load Shed event (EEA Level-3) COB will track the restoration of service to Int the scenario that at feeder is not restored, due to cold-load pickup or other factors, COB may dispatch personnel to restore the circuit by sectionalizing or other methods to restore service. The priority of COB in restoring service shall be to locations involving electric service to critical loads, including to gas pipelines and infrastructure serving generation facilities along with hospitals, nursing homes, and other locations involving community health and safety. Ina addition to priorities concerning community health and safety, crews shall be assigned to defined areas. Generally, crews shall concentrate on a given feeder, working to the end or toa sectionalizing point, and then returning to restore service on single phase lines or taps off the Restorations shall be done systematically, avoiding pressure from individuals for special attention. However, one or more crews may be assigned to locations where special hazards exist orw where especially critical loads require immediate attention. When not on special assignments, No crew shall be sent to work in an area where al known biohazard or terrorist act has occurred until clearance has been granted by the city police department or county sheriff's department in breakers/f feeders that were tripped during the load shed event. feeder. these crews may be used to repair individual services. the affected area. B.2.5 Additional Information COB Electric Utility Operations personnel shall categorize, prioritize and sequence loads and The procedure for securing assistance is in accordance with the mutual assistance request COB critical assets and facilities include all distribution facilities and equipment, substation facilities and equipment, water and wastewater plants, City! Hall, the police and fire departments, Once COB TO has notified COB that generation and transmission services have been restored, COB shall systematically begin to energize its transmission and substations as conditions allow. COB: shall coordinate local pickup with COBTO to ascertain system stability and adequate system COB shall confirm the status of distribution breakers and subsequently the restoration of service Crews shall be assigned to distribution feeders, working to the end of the feeder or to a sectionalizing point, and then restoring service on single-phase lines or taps. Restorations shall be done systematically, avoiding pressure from individuals for speciala attention. However, oneor establish procedures for restoration of service. process. and the COBI Dispatch / Operations Center. resources. toi its customers viai follow-up calls to selected customers. PAGE 132 more crews may be assigned to locations where special hazards exist or where especially critical COB Electric Utility Operations personnel shall coordinate with COB Dispatch to identify Critical Loads that may be able to be prioritized during restoration efforts (see Critical Loads section B.2) COB shall perform post-energization inspections of substations to verify asset status and Inn major events with widespread outages across COB's service area, the COB will utilize the COB will first conduct assessments oft the outage situation to identify the condition of major facilities and system infrastructure. This assessment may require the use of helicopter or Once COB has information on status of the COB distribution system, along with information from ERCOT and COBTO regarding the ERCOT system and the regional transmission system, COB will develop a restoration plan with the following goals and priorities: greatest number of facilities and accounts to be re-energized; loads require immediate attention. condition. following guidelines for restoration: other types of aerial surveying. COB will target main infrastructure (system "backbone" feeders) that will allow the COB willi identify and strive to restore service toi the public safety accounts (including water/ wastewater loads) and the largest groups of end-users (i.e., feeders, laterals, busses, and individual customers); and Communications Infrastructure. Special conditions arising from an emergency pertaining to service interruptions that have the potential for life-threatening or hazardous consequences will be given priority status if expedited restoration at the location is practical. COB's Electric Superintendent and Utility management staff are responsible for determining whether existing supplies/lnventories are sufficient for restoration. Contract crews and mutual assistance crews may be used. These crews will be accompanied At the beginning of each work shift, the Electric Superintendent and management staff or the Electric Superintendent will conduct a briefing for all supervisors and personnel with work assignments. The briefing will cover the work assignments, any outstanding issues and important safety issues. The briefings will include a daily safety briefing. and coordinated by assigned COB personnel when possible. B.3 Critical Load Registration B.3.1 Purpose and Applicability To provide guidelines to help determine, prioritize, and manage classes of customers to whom electrics servicei is essential tol life, health, publics services, and safetya and who shall be given priority, to the degree practicable, in restoration activities. B.3.2 Initial Tasks Develop /Implement a Critical Loads Plan as part oft the EOP Load Shed Annex: COB shall maintain an EOP Annex that describes and provides information on the City's Critical Load Registry. The EOP Critical Load Plan: shall include information on several types/categories of critical load accounts that have proved information for the Critical Load Registry. PAGE 133 B.3.3 Annual Review/C Ongoing Maintenance The Critical Load Plan and Registry process shall be reviewed annually (or as needed) to ensure that the enrollment / registration process is effective, and the information Critical Load registry is accurate. The EOP Plan Administrator, Electric Superintendent and Customer Services shall periodically review Critical Loads registry (database) and implement procedures to ensure the information is accurate and current. B.3.4 Critical Loads Actions RepstryMaintenance: The registryi is updated in an ongoing manner, with an application section provided on the COB website and forms available for customers that request al hard-copy form. Training: COB staff shall receive annual training on all aspects of communications, tracking and Registry Use: Prior to a planned outage or an anticipated event, COB shall attempt to notify appropriate categories of registry customers by phone, text message or other means to provide information regarding the outage or event. If communication service is not available, COB shall Customer Information: All COB customers: shall be provided withi information relatedtoe eligibility to be on the COB Critical Load Registry, including the Critical Care Residential Customer and services to Critical Loads customers. attempt to notify critical loads through other channels. Chronic Condition Residential Customer lists. COB UCSO shall notify each residential applicant for service of the right to apply for Critical Care Residential Customer or Chronic Condition Residential Customer designation. This notice to an applicant for residential service shall be included on the COB website and providedi in the new customer information package. COB shall provide information about Critical Care Residential Customer, Chronic Condition Residential Customer, Critical Load Public Safety and Critical Load Industrial COB: shall provide al bill insert /I letter to all customers periodically (on an annual basis)i in Uponac Customersrequest, COB: shall provide tot the Customer the link tot the application form for Critical Care Residential Customer and Chronic Condition Residential Customer designation on the COB website or send al hard copyf form to the customer if requested. This application and description shall be included in the "Customer Information" section designations on the COB website. accordance with Senate Bill-3 requirement. of the COB website. B.3.5 Definitions Critical Load Public Safety Customer: A customer for whom electric service is considered crucial for the protection or maintenance of public safety, including but not limited to hospitals, police Critical Load Industrial Customer: An industrial customer, for whom an interruption or suspension of electric service shall create a dangerous or life-threatening condition on the retail Customer's premises, is a "Critical Load Industrial Customer." This category includes critical gas stations, fire stations, and critical water and wastewater facilities. pipeline infrastructure accounts. PAGE 134 Chronic Condition Residential Customer: A residential customer who has a person permanently residing in his or her home who has been diagnosed by a physician as having a serious medical condition that requires an electric-powered medical device or electric heating or cooling to prevent the impairment of a major life function through a significant deterioration or exacerbation oft the person's medical condition. Ift that serious medical condition is diagnosed or re-diagnosed bya ap physician as al life-long condition, the designation is effective undert this section for one year or until such time as the person with the medical condition no longer resides in the Critical Care Residential Customer: A residential customer who has a person permanently residing in his or her home who has been diagnosed by a physician as being dependent upon an electric-powered medical device to sustain life. The designation or re-designation is effective for COBI maintains a Critical Load Registry. This registryi informs COB's Peatom/Reontontean about certain accounts that are deemed "priority" in terms of restoration planning. Restoration home. two years under this section. Account/Load priorities include: Gas pipeline facilities and loads (designated as critical loads) Law Enforcement and Fire Department/EMS facilities Hospitals and health care facilities Water/Wastewater: Facilities Designated Shelters /Schools FAA Facilities Industrial Critical Load Customers COB will make every effort to communicate with Critical Load customers in advance of planned outages and in advance of anticipated and predictable weather emergency or other anticipated system emergency events. Information is posted to the COB website and social media pages. COB will coordinate with COB TO regarding the types of Critical Load accounts that should be exempted from the COB TO Firm Load Shed program, by excluding feeders with accounts that COB TO deems as Critical Loads in the context of Firm Load Shed. PAGE 135 (C)Pandemic: and Epidemic Annex C.1 Purpose and Applicability of a pandemic or epidemic. C.2 Administration, / Initial Tasks Provide guidelines and procedures to effectively deal with operations, restoration and communications circumstances presented byawidespread pandemic event and to generally prepare COB for the possibility Develop /Implement al Pandemic EOP Annex (Pandemic and Epidemic Plan): COB shall develop and maintain al Pandemic and Epidemic EOP Plan that shall provide thet following: Education of employees about a possible pandemic and its potential impacts on COB's business Reasonable measures to mitigate the impact of a pandemic and/or epidemic on COB and its Information regarding the promotion of employee wellness and minimize opportunities for operations; employees; employees to be exposed to pathogens while at COB. C.3 Annual Review / Ongoing Maintenance The City Administrator/ City Secretary'sOffice: shall conduct a review oft the Pandemic & Epidemic Plan when changes are deemed necessary, but at a minimum annually. C.3.1 Preparation for a Pandemic or Epidemic Develop. / Implement a Pandemic and Epidemic Plan: COB shall develop and maintain a Pandemic and Epidemic Plan that addresses the policies and procedures that COB shall utilize in all types and levels ofp pandemic event(s). The City Administrator/City: Secretary's Office will develop and maintain Operations and Business Continuity: It shall be important to monitor the status and changes to any pandemic/epidemic or potential pandemic/epidemic situation and provide accurate and timely information distribution to employees, customers, and the public before and during the event. COB standard operations and associated policies may needi to be revised to minimize risks associated with a Pandemic & Epidemic Plan. spread ofa avirus/contagion. C.3.2 Pre-Event Tasks In the period prior to a likely event, a checklist of items should be considered when developing The City Administrator / City Secretary's Office shall monitor information from federal, State and Local government agencies including the Centers for Disease Control (CDC) for notification of pandemic/epidemic activity. Determining the existence of a pandemic/epidemic condition shall involve the federal, state, and local health officials. Reports of verified infections, severity of symptoms, and location and percentage of population affected are statistics that shall be available COB shall go into al Pandemic / Epidemic Alert Condition based on evaluation of the situation from departmental business continuity plans for ap pandemic/epidemic. from health officials as the situation develops. CDC and other information from state and local health officials. PAGE 136 Asi significant increase in the level of contagious disease activity would be reported to COB managers (and the Incident Commander if ICS is deployed), which would then be responsible for determining ifs specific action related to the activation of a pandemic/epidemic response is required for their department. C.4 Policies and Procedures During an Active Pandemic/Epidemic Situation COB shall monitor andi implement all federal, state, and local directives regarding ap pandemic/epidemic. Facial covering requirements for employees and public/c customers in COB facilities These directives mayi include: Office e/lobby closures Suspension of in-person meetings Reduction or elimination of business travel Education of employees about a possible pandemic/epidemic andi its possible impacts on the City's Reasonable measures to mitigate thei impact ofa ap pandemic/epidemic on the city andi its employees; Promotion of employee wellness and minimize opportunities or employees to be exposed to the disease Altered COB office hours, accessibility, staggered work shifts and locations, and other measures may The standard job functions of engineering, operations, dispatching, administration, information technology (IT), warehousing and accounting havei identified and prioritized key employees and back- ups for normal operations and their modified job responsibilities under a pandemic/epidemic Efforts shall be made to educate employees about all possible contagions, how these contagions business operations; Specific procedures and policies for responding to a pandemic/epidemic; while at the city. bei implemented to address safety for employees, customers, andi the public. condition. spread, and how COB is preparing fori these types of potential situations. Educational and informational messages shall include the following: Do not report to work if sick or exhibiting any symptoms or conditions identified by the Dor not return to work untila all symptoms have cleareda and allr return requirements! have been Centers for Disease Control (CDC). met. Limit face-to-face meetings and practice social distancing. Limit travel especially via public transportation. COB: shall communicate changes in policy and/or practices in al Pandemic/Epidemic event. COB may suspend face-to-face meetings and non-critical business travel. Employees shall be encouraged to obtain vaccinations (including annual flu shots). PAGE 137 COB shall encourage and adopt sanitary practices in al Pandemic/Epidemic event. COB shall maintain supplies to support a sanitary environment and supplies shall be kept on hand and deployed, as necessary to include: Hand sanitizer Disinfectant spray Rubber gloves Masks Alcohol-based hand sanitizer in all common areas (restrooms, break rooms, conference rooms, and at all meetings where food and drink are served). Facial tissues in all meeting rooms and break rooms. Brief cleaning crews on disinfecting techniques. Disinfectant spray in all restrooms. C.5 Business Continuity City Department Directors and Managers shall be asked to re-examine their critical business process plans to determine if changes are necessary to cover a contagious disease pandemic/epidemic. Are employees within the department and/or division cross-trained inj job functions related Could the department continue to perform its critical business processes with a 40-50% Which of those employees are equipped to work from home (home computer, Internet The Cityl Information Technology (IT) Director may develop plans for a wide deployment of software and services during a pandemic or epidemic to support a number of' "Worki from Home" employees. Conduct thorough event critique throughout the period of the pandemic/epidemic. Ift the pandemic /epidemic lasts for a prolonged period (not just a typical flu season) COB shall schedule regular review of measures, business continuity policies, and other applicable business and safety issues. Participate in joint public agency review sessions following event to identify areas fori improvement too critical business processes? employee absentee rate? Which employees' job functions could be performed from home? access, etc.)? C.6 Post Event Tasks and share lessons learned. Review and modify response and operations plans based on after action findings. C.7 Resources Defintion-Pandemic: A pandemic event is an epidemic ofi infectious disease that has spread through human populations across al large region. Pandemics can create as situationi that reduces thel business Definition Epidemic: A widespread occurrence of an infectious diseasei inacommunity ata ap particular work force by up to! 50%1 for a significantly long duration. time. The Centers for Disease Control (CDC) website: www.cdc.gov/ PAGE 138 (D)V Wildfire Annex D.1 Purpose and Applicability Toprovide the guidelines, procedures and best practices related to wildfire mitigationand document COB's policies and practices related to fire prevention and pre-planning, threat mitigation, responses to fire incidents and post incident recovery. D.1 Administration, /I Initial Tasks Develop /I Implement a Wildfire Mitigation Plan: COB shall develop and maintain a Wildfire Mitigation Plan that shall address the wildfire prevention, policies, and procedures that COB: shall utilize in alltypes and levels of emergency event(s). D.2 Annual Review / Ongoing Maintenance The Wildfire Mitigation Plan shall be reviewed annually (or as needed) to ensure that the information is current. The Wildfire Mitigation Plan shall be maintained by the Electric Superintendent. D.3 Mitigation Actions During periods of drought and high fire danger, COB may reach out to customers and first responders throughout its service territory to inform and educate them on electrical safety and share During periods of drought and high fire danger, COB may conduct electrical safety training for first responders including law enforcement agencies, fire departments, public works, and transportation COB may participate ina annual joint exercises thati include external partners from the first responder community and the emergency management community to enhance preparedness and prevention COB may meet with local, state, and federal agencies andj jurisdictions to share fire prevention plans COB operates and maintains a Vegetation Management Program that is in accordance with best information regarding wildfire prevention and mitigation. agencies. efforts. and strategize for the coming year. practices including: Trimming trees away from power lines to eliminate the possibility of arcing which can start fires beneath the line. Right-of-way assessment byi internal and external Arborists. Identification of Hazard Trees to be removed immediately. Adhering to regulatory clearance requirements. Maintenance inspections of COB distribution system may include thei following: Ground line pole inspections Document patrol andi inspection activity Identify wildfire high threat zones which can start fires beneath the line. Repair and/or replacement of damaged facilities or equipment that can be a source of arcing PAGE 139 COBI monitors Severe Weather Information (see Severe Weather Monitoring section int the EOP). This includes monitoring days and periods of highf fire danger, redi flag warnings and otherr related weather COB monitors the status related to wildfire conditions including TFS fire index ratings of Extreme or Very High; US Forest Service Fire Danger Class Low to Extreme and the National Weather Service (NWS) Red Flag warnings and alerts. COB also monitors the Texas A&M Forest Service wildfire risk COBI Fire Department and Communications Department are responsible fort the dissemination oft this meteorological and fire threat information to employees and contractors within its service territory to ensure they arei informed of critical conditions that mayi impact the operation oft the COB electrical During periods of high fire risk, COB shall perform a thorough review of current electric planning, operations, design, and construction practices to reduce andi if needed, to eliminate certain risks. information. This information is available from numerous sources. assessment portal. delivery system. Responses to Fire Events Coordinate with local entities, support firefighting efforts as requested. Provide requested personnel to work directly with fire suppression personnel to identify potential hazards. De-energize circuits in areas of active fire situations. Post-Incident Recovery Conduct thorough post event critique within 2-weeks after at fire related incident and participate in joint public agency review sessions following event to identify areas for improvement and share Review and modify response and operations plans based on after action findings. Additional clearing of hazardous, burned, or damaged vegetation in recovery zone. Identify, repair/replace damaged equipment. Cleaning of conductors and insulators fori fire retardant and particulate matter. The following table provides links to various' Wildfire Services resources: lessons learned. Wildfire Services/! Information Resources Texas Forest Service (Advisories) Texas Forest Service (wildfire map) NWS Fire Weather Outlook NOAA- Current Drought Conditions tps/5swep.amueduCurentstuation, https:l/public.ttswildfires.com ntps/Awmnwdiouehtaov, tps/www.spcnoaagoV/produts/fire wx/ PAGE 140 (E)Hurricane Annex E.1A Applicability The Public Utility Commission EOP Rule (Section 25.53) requires Municipally Owned Utilities (MOU's)to include a Hurricane Plan if its facilities (service area) is located within a hurricane evacuation zone, as defined by the Texas Division of Emergency Management (TDEM). COB's services area and facilities are not within a "Hurricane Evacuation: Zone"; therefore, COB has not included al Hurricane Annex in COB'sEOP. Texas Hurricane Evacuation Study (HES) Areas The Texas coast is divided into five areas for storm-surge vulnerability analysis. These areas, indicated in the table below, do not correspond to Texas disaster district boundaries. Study Area Counties Sabine Lake Chambers*, Hardin, Jasper, Jefferson, Liberty, Newton, Orange Houston-Galveston Brazoria, Galveston, Harris Matagorda Bay Calhoun, Jackson, Matagorda*, Victoria Costal Bend Aransas, Kenedy, Kleberg, Nueces, Refugio, San Patricio Rio Grande Valley Cameron, Hidalgo,** Willacy (Laguna Madre) Evacuation clearance time is the amount of time it takes to safely clear all evacuating traffic toi inland points of safety. Hurricane Evacuation Studies (HES) provide planning assumptions such as evacuation clearance times for the population within designated hurricane evacuation zones. Clearance times vary, depending upon the evacuating location, storm scenario, tourist/seasonal occupancy and other Currently evacuation zones in Texas are defined by zip code, roads, jurisdictional factors. boundaries or storm-surge projections. PAGE 41 (F)Cyber Security Annex F.1 Purpose and Applicability distribution system. F2Administration) /Initial Tasks To provide the guidelines, procedures and best practices related to cyber security for the COB electric Develop / Implement a Cyber Security EOP Annex (Cyber Security Plan): COB shall develop and maintain a Cyber Security Plan that shall address the prevention, policies, and procedures that COB shall utilize to protect the distribution system and respond to emergency events and: situations. F.3 Annual Review / Ongoing Maintenance The Cyber Security Plan (CSP) shall be reviewed annually (or as needed) to ensure that the information is current. The Cyber Security Plan shall be maintained by the Information Technology Director. F.4 Cyber Security Policies and Procedures F.4.1 Overview Cyber threats are a potential source of emergency conditions at COB (and the utility sector in general). The EOP Administrator and IT Director will ensure that COB's Cyber Security Plan incorporates policies and procedures related to Emergency Operations for the COB Electric Utility. COB will develop and maintain a Cyber Security Program to reduce the probability of a cyber-attack that impacts COB's Electric Utility operations, COB customer's information or any other aspect of COB's overall security. COB will have a plan to adequately protect Information Technology assets, sensitive data, and customer data. The EOP Administrator will coordinate with the IT Director to ensure thei technology and controls are in place to maintain the security ofi its systems and data: Use of company policies about the use of computers, Internet, offsite CDs and other forms of data storage. Maintain the readiness of onsite Firewalls and protected IP addressing. Maintaining the security of the password system and controlling the access of the network Performing daily backups of computer data, both network server and consumer information Maintaining a set of current back-ups offsite ina a secured location. These are updated daily. administration. system. Maintaining current anti-virus software and checks. Including cybersecurity in the procurement process. The purpose of this policy is to ensure that COB1 technology assets are protected against all internal, external, deliberate, and accidental threats. Information, in all its forms, written, spoken, recorded electronically, or printed, willl be protected from accidental ori intentional unauthorized modification, or destruction throughout its life cycle. Policies and Procedures are established and shall be administered to protect City technology systems and data, customer financial and protected PAGE 142 information, and City data acquisition and control systems (SCADA) across the enterprise. F.4.2Scope All employees, contractors, consultants, temporary and other workers at COB and its subsidiaries must adheret to all policies and procedures authorized: and approved under this program. This applies to City data sets and technology equipment that is owned, operated, or leased by COB. The CSP describe the technology and information assets that must be protected and identifies many of the threats to those assets. The equipment, software, and storage medium used to process, store, and transmit information will be protected by appropriate controls. F.4.3Policy The policies and procedures will ensure that: Sensitive, protected, and/or privileged Information and technology systems will be Confidentiality of sensitive, protected, and/or privileged information willl be assured. safeguarded against any unauthorized access. Integrity ofi information will be maintained. Availability ofi information for business purposes will be maintained. Legislative and regulatory requirements willl be met. Business continuity and disaster recovery plans willl be developed, maintained, and tested bi- AIICOB employees willl be provided information security and awareness training on a regular Any actual or suspected information security breaches will be reported toi the IT Director. All Policies and procedures have been established to support this program, including annually. basis. breaches will bei investigated thoroughly and logged. appropriate controls and continuity plans. Business requirements for availability ofi information systems will be met. F.4.4 Plan Sections Information and Cyber Security Policy ITRisk Management Third Party Access Outsourced Information Processing Accountability of Assets Personnel: Security Documentation Procedures System Patching Incident Management, / Incident Response PAGE 143 System Logging and Monitoring System Acceptance and Configuration Malware Prevention Backup and Recovery Network Management User Account Management Password Policy Remote. Access Wireless Access Business Continuity and Disaster Recover Compliance Requirements Encryption Acceptable Use Email Use Internet Access F.4.5Cyber: SecurityTools COB has incorporated updated policies, procedures, training, and monitoring capabilities in recent years to address threats from cyber-attacks on the city's IT systems. This includes virus protection software and an employee training program targeted on educating staff on the various types of cyber-attacks and the techniques employed to gain access to critical data and systems. The IT Department performs frequent monitoring ofs systems including network scans to identify potential threats and mitigate damage that could occur from a successful attack. Protocols for offsite storage of data, backup equipment, and recovery plans are also in place. PAGE 144 (G)Physical Security Incident Annex G.1 Purpose and Applicability distribution system. G.2 Administration /I Initial Tasks To provide the guidelines, procedures and best practices related to physical security for the COB electric Develop/Ir Implement a Physical Security EOP Annex (Physical Security Plan): COB: shall develop and maintain al Physical Security Plan that shall address the prevention, policies, and procedures that COB shall utilize to protect the COB office complex, substations, system facilities and respond to emergency events and situations. To provide guidelines and procedures for gaining appropriate access to secured office buildings, plant facilities and electric substations and to enhance personal safety for all City personnel, contractors, visitors, and customers who work or conduct business at a City and/or Electric Utility office. G.3 Annual Review / Ongoing Maintenance The Physical Security Plan: shall ber reviewed: annually (or as needed) to ensurei that thei information is current. The Physical Security Plan shall ber maintained by the City Administrator/City: Secretary's Office or designee. G.4 Physical Security Guidelines Guidelines /C Content: All secured buildings and substations will be equipped with padlocks or electronic access All City personnel and approved contractors will be provided with keys or other means to gain access to secured office buildings, facilities, and substations, in conjunction with their All other visitors to the city and/or Electric Utility are directed to enter through the restriction on each outside door and each gate. job duties. designated main office entrance. Procedures: Secured access to buildings and substations: All secured entrance doors and secured gates will be kept secure SO that access is only available by authorized personnel. Any entrances not secured properly will be reported immediately. Substations are secured with a perimeter fence and locked gate. Control houses insidet the substation are: secured with padlock aswell. Keys are issued to employees ora approved contractors by signing request form priort to being issued a set of keys Visitors or contractors without approved access should be directed to the designated Visitors to area offices will be directed to the main lobby entrance. Visitors: main entrance of the appropriate building. Surveillance System COB offices including Electric Utility office have alarm: systems monitored 24/7 Staff, Visitors, and Contractors who require access to substations must notify COB. PAGE 145 CTY OA Application for Appointment to City Council Applications should be submitted for the Place 2 vacancy to the City Secretary by 5 p.m. Wednesday, January 22, 2025 in person at City Hall, 140 West Clark St, Bartlett, Texas, At four-member committee comprised of four current councilmembers will review the applications for a final selection to be made at the next regular called meeting of the City Council on January 27, 2025. This appointment will be until the May 2025 City An applicant must be 18 years of age or older, a resident of Bartlett, and a registered voter with no criminal history of felony conviction. City Council meets twice a month, ore electronically at citysecretary@bartett-x.gov. Election. along with the possibility of called special meetings. Name: Shaun Eeope Address: 706WeST Clanik 57 51-242-155) Phone: E-mail Address: Coh Georgsnh Oyaiaa Gender (optional): DM Male Female Length of residence in Bartlett: Current employer and position: SeTon Sykais 3n my Rock wlionson 7n Roud Danfint Sigku Tochrolgs What skills do you, possess that would contribute to the council and community? Valurgr fn A9HTN /ECH 7 do bon2 IR/ES Dall A 7 Dohmonty. en my uglssS STfions Ber ar A yod - pobln SVt What has been your involvement in community activities and projects? #YST bapisOhumk d Bonl wAA wudody wgs I holp 7 holp progs TAr also a Aiy py KIos wi7z The Backfak List any governmental committees, commissions, boards in which you have been involved: T aan 7 TMsarn 4 nh. borrlrBre cleponn S a olJ & nn 8 frn chpona mphh Please give a brief statement of why you would like to serve as an Alderman: 7 Woalo LIKE 70 bL moe Pnvotect w7 COAAN7Y al5e hil Hs 2C IblK Please note any real estate, business or commercial interest that you have that may cause a potential conflict ofi interest in your deliberations as an Alderman: Oust ry house AaTwi ane buyra Please share any other background or personal information that you deem helpful to the City Council in making its decision: Ias a Volunfer RIre WE ane hw TO Tke OAIEC Cohiusy u bem CL St grek an B/sl, 7 bilhare RG dlawle wvold LIME 70 sue owl ay gyow Applicant's signature: Date: 1/14/15 Date Received by City Secretary pplication for City Council Jame: Elizabe4hk Andersoy ddress: 'hone: 4co 3 Jacksow /3arty, 7X 254-3 314- 662Z -mail Address: mytafa dhalie gmail.com jender (optional): Male emale ength of residence in Bartlett: 13+ years Surrent employer and position: Indeprn dent contrckd in home hcalth coye Ar the shk, 155 in home : 134rHA Vhat skills do you possess that. would contribute to the council and community? / am assertuz organ/zed and mokivakd % help nerded rrSGuvLES fo Barlk. / Enyoy werk'ng wih 7 owards mutval geals. Vhat has been your involvement in. community activities and projects? Lack of commeniky actiukys and projeks is snefhins /'d H'Ke % work en /mise Firndshp Frsk /d l'hc % fe< merr commvnihy auhrach and nvohane-d /work M-F wilh mimbirs of ov/ rommunly diskihtrs. ist any governmental committees, commissions, boards in which you have been 1volved: Nonc 'lease give a brief statement of why you would like to serve as an Alderman: hvc hved herc /3 Xrars. my Kids Ane how inlws and A grhndson live hrcr. / would like *o help MA.KC Bar*k*s arihr. /am vrry Mcus- on MSOULrS % Baryks f hrlp wh hhe ay intaet Arimal problem. /am alecdy werkins wh vommunity mimbrrs and /m in coket uhh Willanser rovly. / Ar/ /ke / cocld de nore if / 145 wor hins uiy *hz crhy. lease note any real estate, business or commercial interest that you have that may ause a potential conflict of interest in your deliberations as an Alderman: A/ont iease share any other background or personal information that you deem heipfui to 1e - dont have any Fhncy backyre % offr. Jvst motivatien and ity Counci! in making its decision: Mved hrre leny revyt /vc bern part of H Aay live % enduesknd Whe zommunsky way / 1an naush beaf help. y pplicant's signature: ate: 1-14-zoc5 ate Received by City Secretary: MANISA 2025 RECEIVETA AN RECEIVEL STATE OF TEXAS COUNTIES OF WILLIAMSON AND BELL CITY OF BARTLETT S S S S S DEVELOPER WATER UTILITY SERVICE AGREEMENT 5B PROPERTY GROUP LLC This Developer Water Utility Service Agreement (this 'Agreement") is made and entered into by and between the City of Bartlett, a Texas general law municipality and owner and operator of a municipal water system pursuant to Chapter 552 of the Texas Local Government Code ("Bartlet!"), and 5B Property Group LLC, a Texas limited liability corporation ("Developer"). Bartlett and the Developer are sometimes referred tol herein collectively as "the Parties" and individually as a "Party." ARTICLE1. RECITALS 1.01 WHEREAS, Developer has represented and warranted to Bartlett that itl has the legal right to develop approximately 108.48 acres of land generally situated west ofl N. Beckham Street on the south side of FM 487 (E. Clark Street) in Williamson and Bell Counties, and more particularly described in Attachment Cv which, as of the Effective Date, is located outside Bartlett's water Certificate of Convenience and Necessity and inside Bartlett's extraterritorial jurisdiction (the Property"); and 1.02 WHEREAS, Developer intends to remove the Property from Bartlett's extraterritorial. jurisdiction under the authority granted to landowners by the Texas legislature and develop the Property for residential purposes, but still desires to receive retail water service from Bartlett; and 1.03 WHEREAS, Developer has not filed any development or utility related applications with Bartlett, but has requested that Bartlett agree to reserve water service capacity in its water system for the Property up to the Service Limit, and ultimately to provide retail water services to End Users within the Property boundaries up to the Service Limit (the "Services"); and 1.04 WHEREAS, at Developer's request, and relying on information provided by Developer, Bartlett's Engineers have evaluated the request for Services and identified On-Siteand Off-Site Water Utility Improvements that Developer would need to construct tor receive the Services from Bartlett; and PAGE1 "DEVELOPER WATER UTILITY SERVICEAGREEMENT 5BI PROPERTY GROUPLLC 1.05 WHEREAS, Bartlett desires to provide the Services to the Developer on thet terms and conditions stated in this Agreement and subject tothe Applicable Laws. NOW' THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are. herelyacknowledges, the Parties agree as follows: ARTICLE2. EFFECT OF RECITALS, DEFINITIONS 2.01 2.02 Recitals. The foregoing Recitals are true and correct and are incorporated Definitions: Unless the context clearly indicates otherwise, the following "Active Connection" occurs when an End User's private plumbing system isconnected tol Bartlett's water system for which Reservation Fees and other tap and connection fees have been paid in full, a water meter has been set, "Agreement" means, collectively, this Agreement, together with all of the "Applicable Laws" means, collectively, all federal, state, and local laws and regulations pertaining to thei receipt and provision of the Services. The term specifically includes, as examples but not as limitations, Bartlett's Code of Ordinances, Water Utility Service Regulations and/or Policies, Fee Schedules, Construction Specifications and Standards, Drainage Criteria Manual, Utility Master Plans, Water Conservation Plan, Drought Contingency Plan, permits issued to Bartlett by the Texas Commission on Environmental Quality (or its successor agency) pertaining to Bartlett's to those documents or laws, as they may be amended from time to time "Attachments" has the meaning given in Section 8.01 of this Agreement. "Bartlett" has the meaning given in the introductory paragraph of this into and made a part of this Agreement by this reference. words have the following meanings when used in this Agreement: a) and there is an active utility customer billing account. b) C) Attachments. water utility systems, and during the Term. as well as any amendments d) e) Agreement. PAGE2 "DEVELOPER WATER UTILITY SERVICEAGREEMENT 5BI PROPERTY GROUPLLC f) "Bartlett's Engineer" means Trey Taylor, P.E. and Susan A. Hilton, P.E. of MRB Group, and their authorized agents and designees. 8) "City. Administrator" means the City Administrator of Bartlett. h) i) Developer" has the meaning given in the introductory paragraph of this Developer's Engineer" means the registered professional engineer licensed to practice in the State of Texas retained by the Developer to prepare, sign, and seal the Required Developer Submittals. Developer's Engineering Report" means the engineering report to be prepared, signed and sealed by Developer's Engineer and, when approved by Bartlett in its regulatory capacity, attached to the recorded copy of this Agreement as Attachment E and which, at a minimum, contains all information contained in Attachment E pertaining to "Developer's Developer's Master Water Utility Plan" means the water system plan tol be prepared, signed and sealed by Developer's Engineer and, when approved by Bartlett in its regulatory capacity, attached to the recorded copy of this Agreement as Attachment G, and which, at a minimum, contains all information contained in Attachment E pertaining to Developer's Master "Effective Date" means date on which all of the following events have occurred (1) duly authorized representatives of the Parties have signed this Agreement; and (2) Bartlett has received first Reservation Fee payment in Agreement. j) Engineering Report." k) Water Utility Plan." I) accordance with Section 5.01(a) of this Agreement. m) "End User" means the owner, tenant, or occupant of a legal lot included in a final subdivision plat for the Property approved by Bartlett or by the governing authority having authority over final plat approval, and recorded in the Official Public Records of the county where thel Property is "General Conditions" or "G.C." means the General Conditions attached to located. n) and part of this Agreement as Attachment/ A. PAGE3 "DEVELOPER WATER UTILITY SERVICEAGREEMENT 5BI PROPERTY GROUPLLC o) "Guaranteed Capacity" means capacity (in SUs) in Bartlett's water system, up to but not to exceed the Service Limit, that is achieved through the construction of the On-Site and Off-Site Water Utility Improvements required by this Agreement, acceptance of the improvements by Bartlett, payment of all associated Reservation Fees and other fees, and making an "Off-Site Water Utility Improvements" means any structure, facility, equipment or installation that delivers water from Bartlett's water production/treatment, storage, transmission, and distribution systems to the Property boundary, as more specifically described in Attachment B, Special Conditions, and the general location of some of which (the water mains, but not the booster pumps or internal water lines) are shown in the "Water Utility Layout Schematic," attached as Attachment D. "On-Site Water Utility Improvements" means any structure, facility, equipment ori installation that delivers water from the Off-Site Water Utility Improvements to an End User within the Property boundaries, as more specifically described in Attachment B, Special Conditions. Property" means the land described in Attachment C. Active Connection. p) q) r) s) Required Developer Submittals" means, collectively, the Developer's Engineering Report, the Water Utility Layout Schematic (as updated, if required by Bartlett's Engineer, to show the On-Site Water Utility Improvements), the Developer's Master Water Utility Plan, and all other documents and information prepared by or on behalf of Developer "Reserved Capacity" means the capacity (in SUs) in Bartlett's water system that is reserved beginning on the Effective Date of this Agreement, and which terminates when this Agreement terminates, unless it meets the criteria for Guaranteed Capacity. The Reserved Capacity shall not exceed Reservation Fee" means the consideration paid by Developer to Bartlett for the Reserved Capacity in the amount per SU equal to the Service Availability Fee set forth in Appendix A of the Bartlett Code of Ordinances applicable to single family residences, as said fee may be increased from related to the subject matter of this Agreement. t) the Service Limit. u) time to time by the Bartlett City Council. PAGE4 "DEVELOPER WATER UTILITY SERVICEAGREEMENT 5BI PROPERTY GROUPLLC v) "Services" means the water utility capacity tol ber reserved by Bartlett for use by Developer for the benefit of thel Property in an amount up to but not to exceed the Service Limit under the terms and conditions of this Agreement and subject to the. Applicable Laws. w) "Service Limit" means 285 water SUs. x) "Service Unit" or "SU" means a standardized measure of consumption of treated water system capacity which is equal to the average flow rate of a single-family dwelling unit in the Bartlett water service area. y) "Special Conditions" or "S.C." means the Special Conditions attached to and part of this Agreement as Attachment C. z) "Term" has the meaning given in Section 4.01 of this Agreement and in G.C.13. aa) "Water Utility LayoutSchematic" means the schematic plan attached tot this Agreement as Attachment D, which shows the specific location of the Property with respect to major roads; the Property boundaries; the point of connection of new Off-Site Water Utility Improvements to existing Bartlett water utility infrastructure; the general location of the required Off-Site Water Utility Improvements to be constructed by Developer (except the 2 required booster pumps at Bartlett's] Jackson Street Waterl Plan, and internal water lines within the Property boundaries, which are not shown); a scale; anorth arrow; and a detailed legend. ARTICLE3. EFFECT AND INTERPRETATION 3.01 Effect of Agreement. The Parties agree that: (a) this Agreement shall not confer upon the Developer any vested rights or development rights with respect to the Property, as addressed further in Section 3.03 of this Agreement; (b) this Agreement shall not bind or obligate Bartlett to provide wastewater services to the Property, or approve any plat applications, zoning ordinances, development-related applications or permits, or any other applications or permits or requests for other utility services related to the Property; (c) this Agreement isnot considered to be an Impact Fee; (d) the Reservation Fee is mandatory and non-refundable, and is not an Impact Fee; and (e) this Agreement is a pre-condition to final plat recordation for any portion of thel Property and to provision of the Services. PAGE5 "DEVELOPER WATER UTILITY SERVICEAGREEMENT 5BI PROPERTY GROUPLLC 3.02 Interpretation of Agreement. The Parties acknowledge that the Services contemplated by this Agreement shall be provided in accordance with this Agreement and all Applicable Laws. Unless federal or state law dictates otherwise, if the specific terms of this Agreement conflict with the Applicable Laws, the specific terms of this Agreement shall apply; provided however, that any conflict between the terms of this Agreement and the Applicable Laws must be expressly noted in the Agreement. The Parties further acknowledge that this Agreement is subject to future acts of the City Council of the City of Bartlett with respect to ordinances or resolutions relating to Reservation Fees and Impact Fees. 3.03 No Vested Rights. The Parties agree that the purpose of this Agreement is solely for thei reservation of water utility capacity needed toj provide the specified Services for the Property up to the Service Limit. The Parties agree that nothing in the body of Agreement or any of the Attachments shall confer vested rights to Developer under Chapter 245, Texas Local Government Code. Specifically, but without limiting the generalityofthef foregoingsentence, Developer agrees that the purpose of this Agreement and the Required Developer Submittals is limited to providing relevant engineering, planning or managing information for the purposes of reserving water utility capacity for the Property as specified in the body of this Agreement, the General Conditions attached as Attachment A and the Special Conditions as Attachment B. Developer agrees that it will not attempt to rely on, and Bartlett does not authorize, any of the contents of any document or information created and submitted by the Developer as a basis for claiming rights under Chapter 245 of the Texas Local Government Code. ARTICLE 4. TERM AND TERMINATION 4.01 Term. Provided that Developer pays the Reservation Fees as required by Section 5.01 oft this Agreement, the term of this Agreement ("Term" ") may bet two(2)years or four (4) years after the Effective Date, as further explained and detailed in G.C.13 and Article 5 of this Agreement. HOWEVER, notwithstanding anything to the contrary in Attachment A, General Conditions, Attachment B, Special Conditions, or elsewhere in this Agreement, the applicable Term will automatically expire, and this Agreement will automatically terminate, if the Reservation Fees are not received when and in the amounts specified in Section 5.01 of this Agreement. 4.02 Survival. The specific Bartlett obligations described below may survive the expiration of the' Term of this Agreement, but only ifa and toi the extent that Developer has (a) paid all applicable Reservation Fees (and all other applicable fees) when and in the amounts due; and (b) complied with all On-Site and Off-Site Water Utility Improvements construction requirements described in Attachment B, Special Conditions, including PAGE6 "DEVELOPER WATER UTILITY SERVICEAGREEMENT 5BI PROPERTY GROUPLLC over-sizing requirements, if applicable. If the Developer has not met both of the two conditions described in the preceding sentence, this Agreement will automatically terminate and Bartlett will have no obligation to provide any of the Services. If and to theextent that Developer meets both oft thei two conditions described above in this Section before the end of the applicable Term, then the following Bartlett obligations will survive expiration of this Agreement: a) Bartlett's recognition of the SUs for which Reservation Fees (and all other applicable fees) have been paid in full and an Active Connection has been made as Guaranteed Capacity rather than as Reserved Capacity (provided, however, that making an Active Service Connection before final plat recordation isnot allowed). b) Bartlett's continued provision of retail water services to End Users with Active Connections, provided however, that such End Users pay for the retail water utility services per the Bartlett City Code, as amended, and comply with Bartlett's other retail water-service related ordinances and regulations applicable tos similarly situated End Users. 4.03 Non-Survival. Reserved Capacity shall not survive the termination or expiration of this Agreement. If the Developer still desires to receive Services to the Property after termination of this Agreement, the Developer must reapply for a new Developer Water Utility Services Agreement and submit an updated set of Required Developer Submittals. ARTICLE5. DEVELOPER OBLIGATIONS 5.01 Payment of Reservation Fees. a) Reservation Fees. The total amount of Reservation Fees due under this Agreement is $313,000, which sum payable on the schedule set forth in either Section 5.01(b)(i) or Section 5.01(b)(11) of this Agreement, as Developer may choose. Developer must notify the City Administrator of its selection in the transmittal letter transmitting two (2) signed originals of this Agreement and by including with said transmittal letter payment for the relevant amount under Section 5.01(b)(i) or Section 5.01(b)(ii) b) Reservation Fee Payment Schedule. i. Tol Reserve SUs in the Total Amount of the Service Limit. To reserve SUs in the full amount of the Service Limit beginning on the Effective PAGE7 "DEVELOPER WATER UTILITY SERVICEAGREENENT" 5BI PROPERTY GROUPLLC Date, Developer must deliver to Bartlett a payment in the amount of $313,000 simultaneously with the transmittal to Bartlett of two (2) originals of this Agreement signed by Developer's duly authorized representative. ii. To Reserve SUs over the Two Year Term on a Scheduled Basis. To reserve SUs in increments over time, up to the Service Limit, Developer must deliver to Bartlett Reservation Feej payments ini increments, due on the dates and in the amount shown on Table 1 below, for the corresponding number of SUs shown on Table1: Table1 Payment No. 1 2 Date Due Amount Due Corresponding Number of SUs Reserved Per Payment 71 71 On or before 5:00 Central Time on the Effective Date oft this Agreement On or before 5:00 PM Central Time on the date that is 61 months after Effective Date of this Agreement On or before 5:001 PM Central Time on the date that is 12 months after Effective Date of this Agreement On or before 5:001 PM Central Time on the date that is 18 months after Effective Date Agreement $78,250 $78,250 3 $78,250 71 4 $78,250 72 TOTALSUS Reserved 285 Effect of Payment and Non-Payment of Reservation Fees. If Developer fails to pay the Reservation Fee in full under Section 5.01(b)(i), or to pay Payment No. 1 under Table 1 in Section 5.01(b)(ii), this Agreement will be void ab initio and have no force or effect and neither Party will be bound by its terms. Ifnot paid in full under Section 5.01(b)(i), failure to pay subsequent installments of Reservation Fees under Table 1 of Section 5.01(b)(ii) when and in the amounts due will cause this Agreement to automatically terminate and Bartlett will have no obligations hereunder, except as otherwise stated in Section 4.02. For clarity, this means that PAGE8 "DEVELOPER WATER UTILITY SERVICEAGREENENI" 5BI PROPERTY GROUPLLC if Developer pays Payment No. 1 when and in the amount due but fails to pay Payment No. 2 when or in the amount due, and has not complied with all On-Site and Off-Site Water Utility Improvements construction requirements described in Attachment B, Special Conditions, this Agreement will terminate as to all SUs, except as otherwise provided under Section 4.02. The Reservation Fees payments arenon-refundable under any circumstances. Payment of Reservation Fees cannot be credited toward payment of any other fees. Payment of the Reservation Fees will not extend the Term if it ends for reasons other than non-payment of Reservation Fees. However, Bartlett agrees that Reservation Fees paid when and in the amount due under this Agreement may be credited toward the Service Availability Fee described in Appendix A tol Bartlett's Code of Ordinances, but not to any other fees or charges, and only for SUs associated with Active Connections made before the end of the Term. 5.02 Deadline for Submittal of Required Developer Submittals. Developer must submit complete and accurate Required Developer Submittals prepared, signed, and sealed by Developer's Engineer to the City Administrator, with a copy to Bartlett's Engineers, before the date thatis 365 days after thel Effective Date for review and approval by Bartlett in its regulatory capacity. The submittals must contain, at a minimum, all of the information set forth in Attachment E to this Agreement. If the City Administrator or Bartlett's Engineers notify Developer in writing of any deficiencies in the submittals, Developer shall promptly correct the deficiencies and resubmit the documents within the 365-day period. Failure to secure Bartlett's written approval of same before the end of the' Two-Year' Term will cause this Agreement to automatically terminate without further action by any Party. 5.03 Deadline for Recordation. Developer must record this Agreement, together with the Bartlet-approved Required Developer Submittals described as Attachments in Section 8.01 of this Agreement, in the Official Public Records the county in which the Property is located and deliver a recorded copy to the City Administrator before to first to occur of the following events: (a) the expiration of the first Two-Year Term, or (b) any transfer of SUs to subdivided portions of the Property as allowed by, and in accordance with, the requirements Section 8.06 of this Agreement. Failure to record this Agreement, with the required Attachments, when required by this Section will cause this Agrementoautomatially terminate without further action by any Party. records on an on-going basis to accurately reflect the number and location of SUs remaining on the Property for which no corresponding Active Connection has been made, and thei number and location of SUs on thel Property for which Active Connections 5.04 Recordkeeping and Reporting. The Developer shall keep appropriate PAGE9 "DEVELOPER WATER UTILITY SERVICE AGREEMENT" 5BI PROPERTY GROUPLLC havel been made referenced tol location on thel Property and thel Developer's Master Water Utility Plan. Developer shall provide Bartlett with such records within thirty (30) days of Bartlett'srequest, butin any event on orl before September: 30ofeach calendar year during the Term. 5.05 Compliance with Applicable Laws. In designing and constructing the infrastructure necessary for Bartlett to provide retail water services to the Property, Developer must comply with the Applicable Laws as if the Property were located within Bartlett's city limits. Bartlett has no obligation to accept any infrastructure that does not comply with the Applicable Laws or that is encumbered by any lien, and no obligation to accept real property interests (including easements) that are: not exclusive to Bartlett or encumbered by any lien. This Section shall survive termination of this Agreement. ARTICLE 6. RELEASES ANDINDEMNIFICATION. 6.01 THE DEVELOPER, AND ITS PAST, PRESENT, AND FUTURE MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND RELATED OR AFFILIATED ENTITIES COLLECTIVELY, THE DEVELOPER PARTIES") HEREBY FULLY AND FOREVER RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS PAST, PRESENT, AND FUTURE EMPLOYEES, OFFICERS, COUNCIL MEMBERS, APPOINTED OFFICIALS, ATTORNEYS, AND OTHER CITY AGENTS ANDREPRESENTATVES INCLUDINGTHECONSUITANIS.COILLECTIVELY,THE "CITY PARTIES"), FROM ANY AND ALL CLAIMS, DEMANDS, CONTROVERSIES, AND CAUSES OF ACTION OF EVERY CONCEIVABLE CHARACTER, PAST, CURRENT, AND FUTURE, WITHOUT LIMITATION, ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT INCLUDING ARISING FROM OR IN CONNECTION WITHTHE DEVELOPMENT OF THE PROJECT ON THE PROPERTY, (COLLECTIVELY "CLAIMS"), EXCLUDING ONLY CLAIMS FOR, OR IN CONNECTION WITH, A DEFAULT BY THE CITY OR THE CITY PARTIES UNDER THIS AGREEMENT (THE EXCIUDEDCLAIMS). 6.02 THEINDEMNIYWITH! RESPECTTO'"CLAIMS" STOBECONSTRUED AS BROADLY AS POSSIBLE TO INCLUDE ANY AND ALL LIABILITIES, CLAIMS, COSTS, EXPENSES, JUDGMENTS, CAUSES OF ACTION, DEMANDS, LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY AND ALL CLAIMS, CAUSES OF ACTION, OR DEMANDS WHEREBY ANY LOSS IS SOUGHT AND/ OR INCURRED AND/ OR PAYABLE BY CITY, ITS AGENTS, EMPLOYEES, REPRESENTATIVES AND/ OR INSURERS OR RISK POOLS, BUT SHALL NOT APPLY TOORINCLUDE ANYI EXCLUDEDCLAIMS_THISPROVISIONISTOBECONSTRUED PAGE 10 "DEVELOPER WATER UTILITY SERVICEAGREEMENT 5BI PROPERTY GROUPLLC UNDER THELAWS OFTHESTATEOFTEXAS ANDITISI EXPRESSLYRECOGNIZED BY ALL PARTIES THAT IT COMPLIES WITH THE CONSPICUOUSNESS REQUIREMENT AND THE EXPRESS NEGLIGENCE TEST AND IS VALID AND ENFORCEABLE AGAINST THE DEVELOPER PARTIES. THE DEVELOPER HAS CAREFULLY READ, FULLY UNDERSTANDS, AND AGREES THAT IT AND THE DEVELOPER PARTIES ARE BOUND BY THE TERMS AND CONDITIONS OF THIS SECTION. ARTICLE7. DEVELOPER KEPRESENTATIONS AND WARRANTIES 7.01 Representations and Warranties. In addition to the representation and warranty given by Developer in Section 8.14 of this Agreement, by signing this Agreement the Developer represents and warrants to Bartlett that: (a) it has good and indefeasible fee simple title to the Property, or has written, sworn authorization from the legal owner(s) of the Property to develop the Property consistently with the Required Developer Submittals; and (b) the Required Developer Submittals do not contain any mistepresentations or miscalculations and are true and accurate. Developer further represents that there is no pending, threatened, or contemplated litigation, condemnation, or similar proceedings, affecting the Property or Developer's rights or interests in thel Property, and noi notices suits or other proceedings orj judgments relating tot the violationsof: any laws, ordinances, regulations, codes, ordersor other requirements affecting the Property, and Developer has no knowledge of any violation or condition that may give rise to the foregoing. IfI Developer is other than an individual, Developer represents and warrants that iti is duly organized, validly existing, and in good standing under the laws of the state of its formation; has all requisite power and authority to execute this Agreement and perform hereunder; and the individual signing this Agreement on behalfoft thel Developer has been duly authorized to doso. 7.02 Agreement Voidable. This Agreement is entered into on the basis of and is contingent upon the accuracy of the Required Developer Submittals and the Developer's representations and warranties. Any false or incorrect information submitted by Developer tol Bartlett shall make this Agreement voidable by Bartlett. ARTICLE8. MISCELLANEOUS 8.01 Attachments. The following documents attached to this Agreement are (a) fully incorporated into the Agreement by this reference as if copied into thel body of this Agreement verbatim; and (b) are collectively referred to in this Agreement as "the Attachments." PAGE11 "DEVELOPER WATER UTILITY SERVICEAGREEMENT 5BI PROPERTY GROUPLLC ATTACHMENT NO. Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G DESCRIPTION STATUS. AS OF EFFECTIVE DATE Attached Attached Attached Attached General Conditions Special Conditions Property Description Water Utility Layout Schematic and Requirements Developer's Engineering Report Developer's Master Water Utility Plan Developer's Required Submittals Standards Attached Not Attached. Due within the' Two Year Term and before recording Not Attached. Due within the Two Year Term and before recording 8.02 Entire Agreement This Agreement plus the Attachments (including any other documents attached to the Attachments) constitute the entire agreement between thel Parties with respect to the Services. 8.03 Bartlett Obligations Conditioned. The obligation of Bartlett toj provide the Services is conditioned upon its] present rules, regulations and statutes of thel United States of America and the State of Texas and any permit or court order that directly affects Bartlett's utility improvements and/or the utility infrastructure directly servicing the Property. Developer acknowledges that if the rules, regulations and statutes of the United States of America and/or the State of Texas or the applicable water or wastewater permits that arei in effect upon thel Effective Date of this Agreement arei repealed, revisedor amended tos such anextent that Barlehecomesinapable of, or prevented from, providing the Services, then no liability of any nature is tol be imposed upon Bartlett as a result of Bartlett'so compliance with such legal or regulatory mandates. 8.04 Runs with the Land. The Developer acknowledges and agrees that this Agreement runs with the land and shall be an appurtenance to the Property. Developer agrees that it is prohibited from transferring the utility capacity granted in this Agreement to any land other than the Property in compliance with Section 8.06(b) of this Agreement, and any attempt to do sO will be null and void. 8.05 8.06 Amendment. This. Agreement may only be amended by writteni instrument signed by the Developer and Bartlett. Assignment. PAGE12 "DEVELOPER WATER UTILITY SERVICEAGREEMENT 5BI PROPERTY GROUPLLC a) Byl Developer- General. Except as otherwise expressly allowed by Section 8.06(b) of this Agreement, the Developer is not permitted to assign or transfer its obligations, rights or interests in this Agreement to any person or entity for any purpose without prior written consent of Bartlett as evidenced by the execution of a separate Consent to Assignment Agreement by Bartlett, Developer and the assignee. Any attempted assignment by Developer without the prior written b) By Developer - Allocation of Reserved Capacity to Buyer of Subdivided Portions of the Property. After recordation of the Agreement (but not before) Developer may transfer a portion of the Reserved Capacity to a buyer of a subdivided portion of the Property for which a final plat has been recorded without Bartlett's prior written approval in compliance with this subsection and in G.C. 12. To transfer a portion of the Reserved Capacity to a buyer of a subdivided and final platted portion of thel Property, Developer must include the transfer of the Reserved Capacity and agreement to hold Bartlett harmless for same in the deed, bill of sale, or other written instrument conveying the portion of the Property to the buyer, and such instrument must be recorded in the Official Public Records of the county where the Property is located and provided to the City Administrator. In addition, the Developer must submit to the City Administrator an Allocation Plan prepared, signed, and sealed by Developer's Engineer showing the Reserved Capacity allocations for the entirety of the Property (after the transfer) showing: (i) the quantity of SUs allocated to each portion of the Property after the transfer (not to exceed the Service Limit), and (ii) that the allocation comports with the demand set forth in the Developer's Engineering Report, or the. AppicableLawsifthe. Developer's Engineering Report is not sufficiently detailed. Nothing in this subsection authorizes transfers or allocations of Reserved Capacity to areas outside of the boundaries of the Property, or to portions of the Property for which no final plat has been recorded. DEVELOPER EXPRESSLY DISCLAIMS, RELEASES, AND HOLDS HARMLESS BARTLEITFROMANYLIABLTTY,DAMAGBS, COSTS, OR ATTORNEYS FEES AND AGREESTOINDEMNIFY BARTLETT FOR. ANYLIABILITY, INCLUDING DAMAGES, COSTS AND ATTORNEYS FEES ASSOCIATED WITH ANY DISPUTE RELATED TO THE TRANSFER OR ALLOCATION OF RESERVED c) By Bartlett. Bartlett is permitted to transfer or assign its rights and obligations under this Agreement to another authorized service provider in accordance with consent of Bartlett shall be void and have no force or effect. CAPACITY. the laws applicable to such transaction. PAGE1 13 "DEVELOPER WATER UTILITY SERVICEAGREEMENT 5BI PROPERTY GROUPLLC 8.07 Effect of Approvals. Notwithstanding anything in this Agreement to the contrary, it is understood and agreed that (i) the level of standards required by Bartlett for the construction of the ublicimprovements on the Property are strictly for thel benefit of Bartlett only, and the Developer: is free, atl Developer's sole cost and expense, to design and construct thei improvements to al higher standard; and (ii) all Bartlett approvals of the Developer's and the Developer's engineer's plans and specifications, and all inspections done by Bartlett of the plans, specifications and construction of thej public improvements are strictly for the benefit of Bartlett, and such inspections and approvals are not to be expressly or impliedly relied upon by Developer, Developer's Engineer, any of Developer's contractors or subcontractors, or any End User for any purpose whatsoever. be given: (i) by depositing it in the United States mail, certified, with return receipt requested, addressed to the party to be notified and with all charges prepaid; or (ii) by depositing it with Federal Express or another delivery service guaranteeing "next day delivery," addressed to the party to be notified and with all charges prepaid; or (iii) by personally delivering it to the party, or any agent of the party listed in this Agreement. Notice by United States mail will be effective on the earlier of the date of receipt or three (3) days after the date of mailing. Notice given in any other manner willl be effective when received. In any case, notice must also be provided by e-mail. For purposes of notice, the addresses of the Parties, until changed as provided below, will be as follows: 8.08 Notice.Any notice given under this Agreement must bei in writing and may PAGE1 14 "DEVELOPER WATER UTILITY SERVICEAGREEMENT 5BI PROPERTY GROUPLLC DEVELOPER: 5B Property Group LLC PO Box 5400 Austin TX 7876305400 With a required copy to: William P. McLean, Partner McLean & Howard LLP 4301 Bull Creek Road Ste 150 Austin TX 78731 Attn: KP Englert, Managing Member CITY: City Administrator City of Bartlett 140 W. Clark Street Bartlett TX 76511 With required copy to: Messer Fort 4201 W. Parmer Lane, Suite C150 Austin TX 78727 Attn: Sara B. Kerr 8.09 Nol Rule of Construction. The Developer acknowledges that it and its legal counsel have read and fully understand this Agreement. The Parties acknowledge that no rule of construction shall apply to this Agreement which constructs ambiguous or unclear language in favor or against any Party because such Party drafted this Agreement. 8.10 Texas. 8.11 Applicable Law. This Agreement is made and shall be construed in accordance with the laws of the State of Texas and venue shall lie in Williamson County, Texas Public Information Act. Developer understands that this Agreement and the Required Developer Submittals are subject to the Texas Public Information Act; and, therefore, agrees that it will not claim that any of the informationcontained herein is subject to any third-partyexception under that Act. PAGE1 15 "DEVELOPER WATER UTILITY SERVICEAGREEMENT 5BI PROPERTY GROUPLLC 8.12 Severability. In the event any portion or provision of this Agreement is illegal, invalid, or unenforceable under present or future law, then and in that event, itis the intention of the Parties hereto that the remainder of this Agreement shall not be affected thereby, and iti isalso thei intention of thel Parties to this Agreement that in lieu of each clause or provision that is found tobei illegal, invalid or unentorceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to bei illegal, invalid or unenforceable. 8.13 No Waiver. Any failure by a Party to insist upon strict performance by the other Party of any material provision of this Agreement will not be deemed a waiver thereof or of any other provision, and such Party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement. 8.14 instrument. 8.15 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one Authority for Execution. Bartlett hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized, and the individual executing this Agreement on behalf of Bartlett has full authority to execute this Agreement and bind the City of Bartlett tot the same. The Developer hereby certifies, represents, and warrants that theindvidualexecuting this AgrementonhehalotheDeveleperisduly, authorized and has full authority to execute this Agreement and bind the Developer to the same. [THEI REMAINDER OF THIS. PAGEI ISINTENTIONALLYLEFTBLANK. SIGNATURES AND ACKNOWLEDGEMENTS FOLLOW ON SEPARATE - PAGES.] PAGE 16 "DEVELOPER WATER UTILITY SERVICEAGREEMENT 5BI PROPERTY GROUPLLC IN WITNESS WHEREOF, this Agreement has is made to be effective on the latest date accompanying the signature lines of the duly authorized representatives of the Parties appearing below (the "Effective Date"). CITY: CITY OF BARTLETT,TEXAS By: Printed Name:_ Title: Chad Mees Mayor ATTEST: By: Printed Name: Title: Brenda Kelley Bartlett City Clerk APPROVED ASTOFORM: By: Printed Name: Title: Bartlett City Attorney STATE OF TEXAS COUNTYOF S S S This AGREEMENT was acknowledged before me on the day of 20 - by Chad Mees, Mayor of the City of Bartlett, on behalf of the CITY OF BARTLETT, TEXAS. (seal) Notary Public, State of Texas PAGE17 "DEVELOPER WATER UTILITY SERVICEAGREEMENT 5BI PROPERTY GROUPLLC DEVELOPER: liability company 5B Property Group LLC, a Texas limited BY: Printed Name: Title: Karl Patrick Englert Managing Member STATE OF TEXAS COUNTY OF TRAVIS S S S This AGREEMENT was acknowledged before me on the. limited liability company, on behalf of thel DEVELOPER. day of 20_, by Karl Patrick Englert, Managing Member of 5B Property Group LLC, a Texas (sea!) Notary Public, State of Texas PAGE 18 "DEVELOPER WATER UTILITY SERVICEAGREEMENT 5BI PROPERTY GROUPLLC ATTACHMENT A TODEVELOPER WATER UTILITY SERVICE AGREEMENT GENERAL CONDITIONS (see separate document) PAGE 19 "ATTACHMENT. A GENERALCONDITION"'TO-DEVELOPER WATER UTILITY SERVICE. AGREEMENT" 5BI PROPERTY GROUPLLC FORMLASTUPDATED: NOVEMBER: 12,2024] ATTACHMENT A GENERAL CONDITIONS 5B PROPERTY GROUP LLC TO THE DEVELOPER WATER UTILITY SERVICE AGREEMENT G.C.1.1 Definition of Terms. The capitalized terms used in these General Conditions are defined in thel body oft the. Agreement, the General Conditions, the Special Conditions, or the Bartlett Code of Ordinances (the "City Code"). In the event a term is specifically defined in the body of the Agreement, the General Conditions, or the Special Conditions isi in direct conflict with the definition of the same term defined in the City Code, thei more specific definition in the Agreement, General Conditions, or Special Conditions shall G.C.2. Required Developer Submittals. The Required Developer Submittals arei integral components of the. Agreement. Developerhas: a continuing duty toi modify and re-submit the Required Developer Submittals if any information in them, or relied upon toj prepare them, materially changes, or as required by the City Administrator, Bartlett's Engineer, or the City Code. If a Required Developer Submittal is modified, and is also of a type that is an Attachment to the Agreement, the modified Required Developer Submittal must be recorded as a written amendment to the Agreement (signed by duly authorized representatives: of Bartlett and thel Developer) ini the Official Public Records of the county apply. where the Property is located. G.C3.Developer's Water Utility Master Plan Requirements. G.C.3.01 General. The Developer Water Utility Master Plan must describe in detail theOn-Site and Off-Sitel Improvements: needed to provide the Services to thel Property and contain, at a minimum, the information required by Attachment E to the G.C.3.02 Phased Development. If the On-Site and Off-Site Water Utility Improvements are to be installed in phases or sections over a period of time greater than two (2) years from the Effective Date of the Agreement, the Developer's Water Utility Master Plan submittal must also show the locations, sequence, SU allocation, and timetable for each of the phases or sections up to full build-out of the Property, which phasing must be consistent withi the plats for thel Property. IfBartlett is not the governmental entity with plat approval authority, the Developer shall provide Bartlett with a digital and print version of the proposed plat, as submitted to the PAGE1 "ATTACHMENT. A GENERALCONDITIONS'TO-DEVELOPEK WATER UTILITY SERVICE. AGREEMENT" Agreement and the City Code. 5BI PROPERTY GROUPLLC platting authority for recordation, in formats acceptable to Bartlett for each phase or section Property. G.C.4. Design and Construction Requirements. G.C.4 4.01 Developer shall design, construct and install the Off-Sitea and On-Site Water Utility improvements, including any oversizing, in accordance with the Agreement G.C.4.02 The descriptions of the Off-Site and On-Site Water Utility Improvements required tol be constructed by Developer are: set forth in the Special Conditionsand/or G.C.4.03 AIIOn-Site and Off-Site Water Utility Improvements shall be designed and constructed in conformance with the most current, Bartlett's Engineer-approved Developer Water Utility Master Plan and construction plans, plus the Agreement and the. Applicable Laws. All changes in the water system design shall be resubmitted to Bartlett's Engineer for written pre-approval prior to commencement of construction. G.C.4.04 Developer agrees that Bartlett's pre-approval in all respects as to facility right-of-way adequacy, location, size, grade, and invert elevation is a condition precedent to any further obligation of Bartlett. Specific design and construction G.C.4 4.05 Off-Site and On-Site Water Utility Improvements shall be constructed G.C.5. Oversizing Bartlett may require the installation of oversized On-Site or Off-Site Water Utility Improvements, and any such requirements will be set forth in the Special Conditions. Bartlett will not participate in the cost of designing or constructing any oversized On-Site or Off-Site Improvements, and Developer agrees thati it shalll be solely G.C.6. Construction and Financing Agreements. IfD Developer enters into an agreement with a third party whereby the third party will construct, or finance the costs of constructing, the On-Site or Off-Site Water Utility Improvements, the Developer shall send a copy of such agreement to the City Administrator within ten (10) days after its G.C.7.Dedication to Bartlett. All rights, title, and interests of Developer in the Off-Site and On-Site Water Utility Improvements, together with exclusive easements in favor of PAGE2 "ATTACHMENT. A GENERALCONDITION"'TO-DEVELOPER WATER UTILITY SERVICE. AGREEMENT" and all Applicable Laws, at no cost to Bartlett. the City Code. requirements are set forth in the Special Conditions and City Code. under the inspection of Bartlett. responsible for such oversizing costs. execution. 5BI PROPERTY GROUPLLC and acceptable to Bartlett for same, must be transterred, conveyed, dedicated, and granted by Developer to Bartlett at no cost to Bartlett. Upon written acceptance of the completed Off-Site and On-Site Water Utility Improvements by Bartlett, the G.C.8. Bartlett's Obligation Regarding Service. Bartlett'sd duty toj provide the Services is expressly conditioned on Developer compliance with the terms and conditions of the Agreement and all Applicable Laws; Developer's construction and Bartlett's acceptance of the Off-Site and On-Site Water Utility Improvements, and payment of all required fees and charges, including but not limited to permit fees, connect fees, meter costs, G.C.9.Restrictive Covenant for Water Conservation and Drought Restriction Compliance. The Developer shall cause tol be recorded in the Official Public Records of the county in which the Property is located, a permanent restrictive covenant covering the entire Property expressly granting to Bartlett the right, should Bartlett sO elect, to enforce and/or otherwise pursue to the extent allowed by law or in equity, compliance with the provisions in Bartlett's Code of Ordinances, resolutions, or the Applicable Laws pertaining to water conservation and drought response regulations, as well as Bartlett's adopted Plumbing Code. The restrictive covenant shall run with the Property. Recordation of the restrictive covenant shall be a condition precedent for Bartlett's infrastructure shall be owned by Bartlett. Reservation Fees, and Impact Fees (if any). provision of the Services to any portion of the Property. G.C.10. Landscaping G.C. 10.01Xeriscape. For new single-family residential homes on the Property, Developer shall offer, or cause homebuilders to offer, a xeriscape option in any series G.C. 10.02Turfgrass: Soil Support and Hardiness. Developer shall install, or cause homebuilders to: install, a minimum of six (6) inches ofe enriched topsoil having at least 65 percent of organic material underlying all turfgrass areas. Turfgrass shall be drought resistant and have summer dormancy capabilities, such as Zoysia, Buffalo, or Bermuda. St. Augustine may be planted only in areas that receive less than six (6) ofla landscaping options offered to prospective home buyers. hours a day of sun. G.C.11. Use of Capacity and On-Site and Off-Site Improvements by Bartlett. Developer understands and agrees that capacity in the Off-Site and On-Site Water Utility Improvements constructed by Developer may be utilized by Bartlett for other tracts requesting utility service: from Bartlett. Innoevent will Developer be denied Guaranteed PAGE3 "ATTACHMENT. A GENERALCONDITIONS'TO-DEVELOPEK WATER UTILITY SERVICE. AGREEMENT" 5BI PROPERTY GROUPLLC Capacity for reasons due solely to Bartlett'su utilization of such capacity for another tract; however, Reserved Capacity shall not survive the termination or expiration of the Agreement. Developer and Bartlett shall each keep accurate records of the capacity provided to the Property under the Agreement, whether Reserved Capacity or Guaranteed Capacity, and provide such records to each other on request. G.C.12. Allocations of Reserved SUs to Platted Portions of the Property. Developer may transfer Reserved SUs to platted portions of the Property only as allowed by the Agreement. Transfer of Reserved SUs shall be allocated in a manner that is consistent with the uses and densities in the most current approved Developer's Master Water Utility Plan and Developer's Engineering Report. Areas where no use: is specified or is open space must be allocated four (4) SUs per acre, unless the most current Developer's Engineering Report specifies otherwise, or there is not enough Reserved Capacity remaining for the non-transterred portions of the Property to allocate four (4) SUs per acre. Developer understands and agrees that it undertakes any transfer and allocation of Reserved SUs among final platted portions of the Property at its sole risk and that Bartlett is not liable for any shortfalls. In no event may the Service Limit be exceeded. G.C.13. G.C.13.01 G.C.13.02 Term. General. The Term may bei two (2); years or four (4) years, as further Two-Year Term. This Agreement shall automatically expire on the explained and detailed in this Section. date that is two (2) years after the Effective Date (the Two-Year Term")if, before the end of the Two-Year Term, Developer fails to: (i) record this Agreement, together with the Bartlett-approved Required Developer Submittals described as Attachments: in Section 8.01 of the Agreement, in the Official Public Records of the county in which the Property is located before the end of the Two-Year Term in accordance with Section 5.03 of the Agreement, or (ii) issue written notices to proceed to the construction contractor(s) for both the Off-Site and On-Site Water Utility Improvements directing such contractor(s) to commence construction pursuant to construction plans approved by Bartlett. Copies of the recorded Agreement, including the Attachments, and the written notice(s) to proceed must be provided to the City Administrator before the end of the Two-Year Term to G.C.13.0Four-year Term. If Developer does comply with the two conditions described in G.C. 13.02 before the end of the Two-Year Term, and if Developer has PAGE4 "ATTACHMENT. A GENERALCONDITION"'TO-DEVELOPER WATER UTILITY SERVICE. AGREEMENT" prevent automatic termination of the. Agreement. 5BI PROPERTY GROUPLLC either (i) completed construction of Off-Site and/or Off-Site Water Utility Improvements adequate to serve at least one End User within the Property and such End User has an Active Connection; or (ii) completed construction of one or more of the improvements listed in Attachment B, Special Conditions, the Term of the Agreement will be automatically extended to the date that is four (4) years after the Effective Date (the Four-Year Term"). For clarity as to item (ii) if, for example, the Special Conditions require construction of a 24-inch main from Point A to Point B, construction of the entire length of that main must be completed. G.C.14. Effect tofl Foreclosure. Developersinteres: ini the Property ise extinguished by an act of foreclosure, and the foreclosing party has supplied sufficient evidence to Bartlett that it is the successor in interest to the Property as a result of such foreclosure, and demonstrated, represented and warranted to Bartlett that there are no lawsuits pending concerning the Property, Bartlett may consider the foreclosing party a successor in interest to Developer if the foreclosing party executes a new Developer Water Utility Service Agreement with Bartlett and if the Bartlett City Council and Bartlett's Engineer determine that the execution of such an agreement will not be adverse to Bartlett's interest. G.C.15. Special Zones, Sites, or Areas. Ifthel Property is located within, or partially within, the Edwards Aquifer Recharge, Contributing, or Transition Zone, an Occupied Site for a protected species, a Dark Sky area, or similar special zone, area, or site, the Developer acknowledges that certain specific regulations apply, and Developer will comply with those regulations. Developer agrees to comply with any local, state or federal law, rule or regulation related toi the protection of the environment ore endangered species, including but not limited to, any site assessments or surveys and notice to the United States Fish & Wildlife when required by law, rule or regulation. Developer acknowledges that any required assessment, survey or notice shall be current or updated as may be required by law, rule or regulation. G.C.16. Written Water Utility ProjectInformation. Thewriteninformation related to the water utility project that is the subject of the Agreement is set forth in the Agreement (including the Attachments) and the Required Developer Submittals, as the same may be amended and approved from time to time. PAGE5 "ATTACHMENT. A GENERALCONDITION"'TO-DEVELOPER WATER UTILITY SERVICE. AGREEMENT" 5BI PROPERTY GROUPLLC ATTACHMENT B SPECIAL CONDITIONS TODEVELOPER WATER UTILITY SERVICE AGREEMENT (see separate document) PAGE20 "ATTACHMENT B SPECALCONDITIONS" TO DEVELOPER WATER UTILITY SERVICEAGREEMENT 5BI PROPERTY GROUPLLC [FORMLAST UPDATED: NOVEMBER 12,2024] ATTACHMENT B SPECIAL CONDITIONS 5B PROPERTY GROUP LLC TO THE DEVELOPER WATER UTILITY SERVICE AGREEMENT S.C.1. Property Location and General Description. Developer has represented and warranted to Bartlett that it has the legal right to develop approximately 108.48 acres ofland generally situated west of N. Beckham Street on the south side of FM 487 (E. Clark Street) in Williamson and Bell Counties, which, as of the Effective Date of the Agreement, is located outside Bartlett's water Certificate of Convenience and Necessity and inside Bartlett's extraterritorial jurisdiction. Developer has represented to Bartlett that that the Property willl be removed from Bartlett's extraterritorial jurisdiction under the authority granted to landowners by the Texas legislature and developed by it over 4 years for residential purposes. S.C.2. Service Limit. Themaximum demand from the Property shall not exceed 285 SUs S.C.3. Developer's Engineering Report and Developer's Water Utility Master Plan. The Developer's Engineering Report must be attached to the recorded Agreement as Attachment. F. The Developer's Engineering Report must be attached to the recorded Agreement as Attachment G. Both must be approved in writing by the City Administrator and Bartlett's Engineer, in their regulatory capacities, before recording. S.C.4. On-Site and Off-Site Infrastructure Kequirements. In order to provide water services to the Property, Developer will need to construct the following: S.C.4.01 The Developer shall construct a twelve-inch (12") diameter water main approximately 5,110 linear feet in length alongside and generally parallelling, but outside of, the right of way of FM 487, beginning a point that is approximately one- half block west of the intersection of FM 487 and Lillian Avenue and extending eastward to the easternmost boundary of the Property, of which approximately 1,825 linear feet will consist of re-constructing and re-attaching an existing, smaller water main, and the remaining approximately 3,285 linear feet will be new construction. S.C.4.02 The Developer shall then replace two (2) 60-HP booster pumps and their associated piping and appurtenances at Bartlett's Jackson Street Water Plant. PAGE1 "ATTACHMENT B SPECIALCONDITIONS" TO' DEVELOPER WATER UTILITY SERVICE. AGREEMENT" ofv water supply. 5BI PROPERTY GROUPLLC S.C.4.03 The Developer shall then construct internal water lines at least eight inches (8") in diameter to serve the legal lots and Active Connections within the Property S.C.4.04 The Developer shall construct, at no cost to Bartlett, such other On-Site Utility Infrastructure within the Property, which will be determined by Bartlett's Engineer after the Developer's Engineer submits, and the Bartlett's Engineer approves, the Developer's Engineering Report and the Developer's Water Utility S.C.5. Easements. Atno cost tol Bartlett, thel Developer shall acquire exclusive easements in favor of Bartlett for the Off-Site and On-Site Utility Infrastructure in the form required by Bartlett's City Attorney as evidenced by Bartlett's City Attorney's signature thereon indicating 'Approved as to Form." The Director may, but is not required to, allow On-Site Utility Infrastructure to be placed in right-of-way owned and controlled by Bartlett. No Off-Site or On-Site Utility Infrastructure can be placed within an easement or right-of-way owned or controlled by a county, the Texas Department of transportation, or any entity or person other than Bartlett. For all easements, the Developer must provide to Bartlett the following documents and information: a draft easement instrument in a form approved by the City Attorney of the City of Bartlett; the legal description (metes and bounds or platted lot) and map or sketch of the proposed easement area prepared by a licensed surveyor registered to practice in the State of Texas; and a current title commitment in favor of Bartlett subject only to the standard, pre-printed exceptions that are part of the promulgated form of Texas title insurance policies; an ownership and lien affidavit covering the easement area (Bartlett will not accept any easement encumbered by a lien); a policy of title insurance for the land to Bartlett in reflecting a value of $1.00 per square foot boundaries. Master Plan. for utility easements, or for other easements, an appraised value. PAGE2 "ATTACHMENT B SPECIALCONDITIONS" TO "DEVELOPER WATER UTILITY SERVICE. AGREEMENT" 5BI PROPERTY GROUPLLC ATTACHMENT C TODEVELOPER WATER UTILITY SERVICE AGREEMENT PROPERTY DESCRIPTION (see separate document) PAGE21 "ATTACHMENT C-I PROPERTY DESCRIPTION"TO" "DEVELOPER WATER UTILITY SERVICE. AGREEMENT" 5BI PROPERTY GROUPLLC |FORMI LAST UPDATED: NOVEMBER 12, 2024] FIELD NOTE DESCRIPTION OF A 108.48 ACRE TRACT OR PARCEL OF LAND SITUATED IN BELL COUNTY, TEXAS; BEING WITHIN THE WILLIAM C. WILSON! SURVEY, ABSTRACT NO. 856, BELL COUNTY, TEXAS AND THE WILLIAM C. WILSON SURVEY, ABSTRACT NO. 651, WILLIAMSON COUNTY, TEXAS; BEING, THAT SAME 108.88 ACRE TRACT HAVING BEEN CONVEYED FROM LYNDA CALDWELL, INDIVIDUALLY, AND AS INDEPENDENT EXECUTRIX OF1 THE ESTATE OF KATHERINE B. BROCK TO DAVID CALDWELL BY A WARRANTY DEED DATED MARCH 23RD 2022, RECORDED IN FILE NO. 2022026713, OFFICIAL PUBLIC RECORDS OF BELL COUNTY, TEXAS; AND BEING MORE PARTICULARLY DESCRIBED BY METES AND (NOTE: Thej following courses are based on an RTK/GNSS survey conducted on the ground, N.A.D.83 datum, Texas State Plane Coordinates, Central. Zone reduced tol horizontal ground distances expressed in U.S. Survey. feet. Where record or deed courses differ from the surveyed values, the record value is shown inj parenthesis) BEGINNING at a found 1 inch inside diameter iron pipe found in the southwest right of way line of Farm to Market 487 being as seventy (70) foot wide right of way, said pipe marks the northwest corner ofa 55.13 acre tract recorded in File No. 2019026679 Official Public Records of Bell County, Texas and the THENCE with the northwest line of said! 55.13 acre tract, $16'13'17'W passing the west corner of the 55.13 acre tract and the westernmost northwest corner ofa a 65.408 acre tract recorded in File No. 2012022866 Official Public Records of Bell County, Texas for a distance of 1918.78 feet (S19°38'W, 1928.1') to ai found 1/2 inch diameter iron rod in the northeast line of a 102.588 acre tract recordedi in File No. 2008063671 Official Public Records of Bell County, Texas, said rod marks the westernmost corner of said 65.408 acre tract and the southeast corner of the herein described tract; BOUNDS AS FOLLOWS: northeast corner of the herein described tract; THENCE, with the northwest line of said 102.588 acre tract, N74'18'29'W passing at 925.34 feet a found 1/2 inch diameter iron rod with plastic cap stamped "BTS" marking the northwest corner oft the 102.588 acre tract andt the northeast corner of a 100.55 acre tract recorded in File No. 2011050138 Official Public Records of Bell County, Texas for a total distance of 2515.87 feet (N70°52'W, 2517') to at found 5/8 inch diameter iron rod at the base of 4inch diameter treated fence post in the southeast line ofa a 147.68 acret tract recorded Volume 2722, Page! 500 Official Public Records of Bell County, Texas, said rod marks the northwest corner oft the 100.55 acre tract and the southwest corner oft the herein described tract; THENCE, with the southeast line of said 147.68 acre tract, N15'57'25"E passing at 1298.80 feet a 4 inch diameter cedar fence post in the southwest right of way line of Farm to Market 487 marking the northeast corner of the 147.68 acre tract, for a total distance of 1392.30 feet (N19°21'E, 1394.8)toa set stake in a non-tangential curve marking the northwest corner of the herein described tract; THENCE with the southwest right of way line of Farm to Market 487, along said curve to the left having a central angle of 21°26'27" (55°00'): and a radius of 608.22' (608.14') for an arcl length of 229.37 feet WELLBORN TBPELS FIRM NO. 10194410 631 WATER STREET KERRVILLE, TX 78028 ENGINEERING & SURVEYING PHONE: 830.217.7100 WWWAWELLBDRNENGINEERING.COM FIELD NOTES 24-056 10B.4BACRE TRACT PG. [11 Page 1of3 ATTACHMENT C PROPERTY DESCRIPTION (229.5') and a long chord bears N61'4739'E for a distance of 228.02 feet (N65°12'E, 228.15)toaset THENCE, continuing along said right of way, N5059'07'E fora a distance of 197.23 feet (N54°23'E, 197.2') to a set stake at the beginning of a curve toi the right having a central angle of 55°09'56" (55'10')anda radius of 538.21 feet (538.14') for an arcl length of 518.20 feet (518.15') and a long chord bears N783407'E for a distance of 498.42 feet (N81'58'E, 498.35')t to a set stake at its tangency; stake ati its tangency; THENCE, continuing along said right of way, S73°40'36'E for a distance of 1805.41 feet (S70°27'E, 1807') to the Point of Beginning containing 108.48 acres of land within these metes and bounds; a companion document to a plat of this survey dated October 22, 2024. Based upon a survey conducted on the ground Under my direction and supervision April 18, 2024 E GARY HAKERANCEBEURE ted:10/22/2024 A Registered Professional Land Surveyor State of Texas Registration No.5 5164 WELLBORN TBPELS FIRM NO. 10194410 631 WATER STREET KERRVILLE, TX 78028 ENGINEERING & SURVEYING PHONE: 830.217.7100 WWW.WELLBOEMENBINEERING.COM FIELD NOTES 24-056 108.4BACRE TRACT PG. [21 Page 2 of3 ATTACHMENT C PROPERTY DESCRIPTION BOUNDARY SURVEY 108.48 ACRES (CALLED OFFICIAL GRID 100 300 SCALE: 1"=200' BORIR VICINITY MAP 1"-2000 SOURCE: TN.R.LS. LEGEND o FOUND NOTED W/CAP STAMPED WES 10194410" PROPERIY NOTES MHERASSOFEEAANG BASED-UPON PLANECOORONATES CENTRAL ZONE TOHORZONTAL GROUND FLOOD NSURANCE RATEA MP_ARW) H802700700E EFFECTIVE 09/25/2008, 12/19/2019. WHERE SURVEYED OR COMPUTED COURSES DIFFER FROM THOSE RECORD, THER COURSE PAREMTHESS VE 1680.61" (1680.00). (COURSE VALVE PER DEED FLENO. 202026713 OPRECT) THIS WAS 55.1 ACRES 108.48 ACRES ACRES) OFATE COMMTVENT. OES STATE LID OFAN ANY NDMDUAL OR NOT THE WTH OFAL ONSTRUCTON OTHER MODFICATON THE TRACY/S). THIS BASEDONARELD SURVEY ONT THE GROUND APRL 18,202 URVEY DATED: FD5B'IR IIR ACRES 100.55 ACRES 0-217-7100 PROJECT SCALE: CHECKED FIELDVISIT:C 024 Page3of3 WELLBORN WES: 24-056 ENGINEERING & ATTACHMENT CPROPERTY ATTACHMENTD TODEVELOPER WATER UTILITY SERVICE AGREEMENT WATER UTILITY: LAYOUTSCHEMATIC See Separate Document PAGE22 "ATTACHMENT D-WATERI UTILITYLAYOUTS SCHEMATI"TO" "DEVELOPER WATER UTILITY SERVICE AGREEMENT" 5BI PROPERTY GROUPLLC [FORMLAST UPDATED: NOVEMBER 12,2024] Eaans Allen Powei EDAmS Bell Wilams BelICAD Parcel ID: 16366 Couhy CRd35I Bartlett, Texas Eden Development Group Proposed Water System Connection Existing Water System <=2 -6 -10 -8 12 MRB Group 250ft 625ft ATTACHMENTD ATTACHMENT E TODEVELOPER WATER UTILITY SERVICE AGREEMENT DEVELOPERS REQUIRED SUBMITTALS-STANDARDS AND REQUIREMENIS Sees separate document PAGE23 "ATTACHMENT E- DPVHONASRCQAUMEDSINNITTA-STADNIN ANDI REQUIREMENTS" DEVELOPER WATER UTILITY SERVICEAGREEMENT" 5BI PROPERTY GROUPLLC [FORMLAST UPDATED: NOVEMBER 12,2024] ATTACHMENTF TODEVELOPER WATER UTILITY SERVICE AGREEMENT DEVELOPERS ENGINEERING REPORT Required before Recordation PAGE24 "ATTACHMENT F-DEVELOPER'sI ENGINEERINGI REPORT" DEVELOPER WATER UTILITY SERVICE AGREEMENT" 5BI PROPERTY GROUPLLC [FORMLAST UPDATED: NOVEMBER 12,2024] ATTACHMENT G TODEVELOPER WATER UTILITY SERVICE AGREEMENT DEVELOPER'S WATER UTILITY MASTER PLAN Required before Recordation PAGE 25 "ATTACHMENT G- DEVELOPER'SWATERUTILITY MASTER PLAN" DEVELOPER WATER UTILITY SERVICE AGREEMENT" 5BI PROPERTY GROUPLLC [FORMLAST UPDATED: NOVEMBER 12,2024] PAGE26 "ATTACHMENT G- DEVELOPER'SWATERUTILITY MASTER PLAN" DEVELOPER WATER UTILITY SERVICE AGREEMENT" 5BI PROPERTY GROUPLLC FORMLASTUPDATED: _NOVEMBER1 12,2024] CITY O Staff Amendment Recommendations (1/2) EST. 1891 Alternative pay schedule # Term $ pay per term Completion 1 Effective date of agreement $5,000 Developer reserves 285 LUES while investigating the property Developer completes final 20% Developer needs first 2years to verify eligibility 2 Two years after effective date $30,000 City accepts low first installment of total LUES Developer must decide whether to pursue complete development after 2 years 3 1 (one) year after last phase $30,000 Developer completes final 40% of total LUES 4 1 (one) year after last phase $30,000 Developer completes final 60% of total LUES Developer can decide to void the rest oft the agreement if they determine the project is not eligible 5 1 (one) year after last phase $30,000 Developer completes final 80% of total LUES 6 1( (one) year after last phase $30,000 Developer completes final 100% of total LUES CITY O Staff Amendment Recommendations (2/2) EST. 1891 Alternative pay schedule # Term $ pay per term Completion 1 Effective date of agreement $5,000 Developer reserves 285 LUES while investigating the property Developer completes final 20% term is $p pay per waived if the developer has full active service connections before the next term Any unused LUE decided after two year discover is returned to the city 2 Two years after effective date $30,000 of total LUES 3 1( (one) year after last phase $30,000 Developer completes final 40% of total LUES 4 1 (one) year after last phase $30,000 Developer completes final 60% of total LUES 5 1 (one) year after last phase $30,000 Developer completes final 80% of total LUES 6 1( (one) year after last phase $30,000 Developer completes final 100% of total LUES PROPOSED-PLAN *= Known Costs ARPA SPEND PLAN ESTIMATE & 50,000.00 Well Water Control System Wastewater Services Improvements' 26,000.00 Aerator / Wastewater Treatment Plant e 1 50,000.00 Ground Water Tank (Match)* & 50,000.00 Remainder 42,000.00 ALTERNATIVE Smart Metering Program (Inpriority - order) Cost per Unit SPENDING Total Costs Remote (Smart) Metering Plan Smart-Meter (all) sectors of TDCJ Sewer Meter (1st) 10,000.00 $ 10,000.00 the city Both Water and Electrical CityWide Smart-Meter wastewater consumption at Texas Department of Justice (TDCI) Electrical Meter (2ndy $ 135.00 $ 94,500.00 City Wide Water Meter (3rd) Prison 236.00 $ 165,200.00 Total N/A $ 4 269,700.00 ACTION Recommended Action "Accept Staff's recommended ARPA Spend Plan and Alternative ARPA spend plan as seen on the screen. If there is any deficiency in funding of the recommended ARPA spend plan, then the City is authorized to compensate no more than $20,000 out of the general fund for the purposes established in the ARPA spend plan. If any surplus exists of the ARPA spend plan, then said surplus shall be applied toward the Alternative Spend ARPA SPEND PLAN ESTIMATE $ 50,000 $ 26,000.0 $ 50,000.00 $ 50,000.00 WellWater Control System Wastewater Services Improvements Aerator /WWTP Ground Water Tank (Match) ALT. ARPA SPEND PLAN TDCJ Sewer Meter (151) City Wide Electrical Meter (2nd) City Wide WaterMeter/39) Total TOTALCOSTS $ 10,000.00 $9 94,500.00 $ 165,200.00 $-269,700.00 Plan. " & Vision Metering, LLC 7 Ross Cannon Street York, SC 29745 Tax IDI Number 27-3960535 Phone: (803)628-0035 Fax: (803)628-0282 Web: www.sonmetenng.com Quote # 230717 Printed: 1/23/2025 15:07:59 Page 1 of1 SOLD TO: City of Bartlett 140 W. Clark St. Bartlett, TX76511 USA SHIP TO: City of Bartlett 140' W. Clark St. Bartlett, TX 76511 USA Customer ID Customer Reference # Salesperson Buyer Contact Person Adrian Flores Site ID MAIN 9084 Quote Date 1/23/2025 Line Item ID 1 VM-2ETZ2P RFQ-City of Bartlett Lead Time 31 Weeks ARO Jesse Danielewicz 2/23/2025 Exp. Date Payment Terms Shipping Method F.O.B. BEST WAY 132.50 NET 30 DAYS YORK, SC $79,500.00 Quoted U/M Unit Price Disc. Extended Tax 600.0EACH Vision ST-AMI Meter, Form 2S, 240V, 200A, w/LoRa Radio, Remote Disconnect, Polycarbonate Cover. Comments Sub-Total Trade Discount (-) Freight Miscellaneous Tax Total $79,500.00 $0.00 $0.00 $0.00 $0.00 $79,500.00 Generatedb byA Accura Software wwwa accurasoft com THE STATE OF TEXAS COUNTY OF WILLIAMSON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES This Election Agreement and Contract for Election Services ("Contract") is made by and between the Williamson County Elections Administrator ("Elections Administrator) and political subdivisions "Participating Authority" or Participating Authorities")! located entirely or partially inside the boundaries of Williamson County. The complete list of Participating. Authorities willl bea available after thei final day to cancel an election as prescribed by the Secretary of State's election calendar and willl be listed as Attachment A. This Contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and' Texas Education Code Section 11.0581 for an election to be held on the election date of May 3, 2025, and administered by Bridgette Escobedo, Williamson County Elections Administrator. This Contract supersedes any anda all prior contracts and agreements to conduct an election between a Participating Authority and the Elections Administrator. RECITALS WHEREAS each Participating Authority listed above plans to hold an election on May 3, 2025; WHEREAS, Williamson County owns an electronic voting system, the Election System and Software (ES&S) EVS 6300 Voting System, which includes the DS200 and DS300 precinct scanners, the DS850 central scanner and the ExpressVote ballot marking device and has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended and is compliant with the accessibility requirements forp persons with disabilities set forth by Texas Election Code Section 61.012. The Participating Authority's desire to use Williamson County's electronic voting system, to compensate Williamson County for such use, and to share in certain other expenses connected with elections, in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended; and NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT ISA AGREED, as follows: ADMINISTRATION The Participating Authorities agree to hold an election on May 3, 2025, ("Election") with Williamson County ande each otheri in accordance with Chapter 271 oft the Texas Election Code: and this Contract. The Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Election as provided in this Contract. Each Participating Authority agrees to pay the Elections Administrator for equipment, programming, election personnel, supplies, services, and administrative costs as provided ini this Contract. The Elections Administrator shall serve as the Election Officer for the Election; however, each Participating Authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each Participating Authority as necessary. Itis understood that other political subdivisions and districts may wish to participate int the use of Williamson County's electronic voting system and polling places, and iti is agreed that the Elections Administrator may enteri into other contracts for election services for those purposes, on terms and conditions generally similar tot those set forth ini this Contract. Ins such cases, costs shall be pro-rated among the participants according to Section XII of this Contract. II. LEGALI DOCUMENTS Each Participating Authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the Participating Authority's governing body, charter, or ordinances, except that the 1 Elections Administrator shall be responsible for the preparation and publication of all voting equipment testing notices that are required byt the Texas Election Code. Election orders should include language that would not necessitate amending the order if any of the Early Voting and/or Election Day polling places Preparation of the necessary materials for notices and the official ballot language shall bet the responsibility of each Participating Authority, including providing the text in English and Spanish. Each Participating Authority shall provide a copy of their respective election orders and notices to the Elections Administrator. Ini the event the boundaries of the Participating Authority have changed since the last election conducted by Williamson County with the Participating Authority, the Participating Authority shall provide the Elections Administrator with a map of the adopted boundary change in a Shapefile (shp) format, and if possible, include a spreadsheet listing the addresses (street names and address number ranges) included within the Participating Authority's current boundaries. When adopting boundary changes, Participating Authorities are encouraged to conform to whole census block boundaries included in the latest TIGER file published by the United States Census Bureau. This map and district boundary listing provided to the Elections Administrator shall include any of the Participating Authority's districts used to elect members to the governing body as well as the external boundaries of the Participating Authority. By law, this notice and map must be provided to the Elections Administrator not later than 30 days after the date the boundary change is adopted (Sec. 42.0615, Election Code). In any event, this notice and map must be provided not later than 90 days prior to the date of the election contracted, or the Elections Administrator reserves the right to unilaterally withdraw from this Contract or modify the services contracted for at his or her discretion. The Participating Authority recognizes and agrees that failure to provide an accurate boundary map in at timely fashion can make iti impossible for the Elections Administrator to provide both in-person early and Election Day voting and early voting by mail services necessary to conduct the contracted election, and the Participating Authority assumes all responsibilities to perform these duties upon failure to deliver the boundary map in accordance with this paragraph. change. III. NONPERFORMANCE The Elections Administrator will inform each Participating Authority of any problems or deficiencies in their respective performance of obligations under this Contract, including but not limited to non-adherence to deadlines for requests for information of each Participating Authority by the Elections Administrator, and may set a reasonable period of time to cure or obtain adequate assurance that any such problems or deficiencies will be timely addressed and corrected. The Participating Authority's failure to cure problems or deficiencies related to its obligations, duties, and responsibilities in accordance with all terms and conditions of this Contract will be considered in any future contracts with Elections Administrator or Williamson County, and any Participating Authority failing to perform will reimburse Elections Administrator for any additional costs and expenses incurred by Williamson County, including all costs associated with interference of conducting the Election. IV. VOTINGLOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations. Voting locations shall be compliant with the accessibility requirements established by the Texas Election Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed Election Day voting locations are listed in Attachment B of this Contract and may be amended. In the event a voting location is not available or appropniate, the Elections Administrator will arrange for use of an alternate location. The Elections Administrator shall notify the Participating Authorities of any changes from the Ifp polling places for the May 3, 2025 Election are different from the polling place(s) used by a Participating Authority ini its most recent election, the Participating Authority agrees to post a notice no later than May 3, 2025 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and listing the Participating Authority's polling place names and addresses in effect for the May 3, 2025 Election. This notice shall be written in both the English and Spanish languages. locations listed in Attachment B. 2 V. - ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL The Elections Administrator will recruit all election workers. The Elections Administrator will take the necessary steps to ensurei that all election judges appointed for the Election are eligible to serve and meet the eligibility requirements in Subchapter C of Chapter 32 of the Texas Election Code and meet any requirements to serve as an election worker seti forth by the Williamson The Elections Administrator shall arrange for the training and compensation of all election judges, clerks, and election personnel. The Elections Administrator shall arrange for the date, time, and place for the presiding election judges to pick up their election supplies. As set forth in Sec. 32.009 of the Texas Election Code, each presiding election judge and alternate presiding judge shall be given written notice of their appointment. The notice from the Elections Administrator will include the polling location and the number of Each election judge and clerk will receive compensation for actual time working at a polling place and time spent preparing the polling place prior to the Election at the hourly rate established by' Williamson County pursuant to Texas Election Code Section 32.091. The election judge, or his/her designee, will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the County Commissioners Court. election clerks the presiding judge may appoint. supplies and equipment to the central counting station after the polls close. The compensation rates established by' Williamson County are: Early Voting-Early Voting Deputy Clerk ($17 an hour), Clerks ($15 an hour) Election Day - Presiding Judge ($17 an hour), Alternate Judge ($15 an hour), Clerk ($15 an hour) Election judges and clerks who attend voting equipment and procedures training shall be compensated at The Elections Administrator may employ other personnel as necessary for the proper administration of the Election, including such part-time temporary help as is necessary to prepare for the Election, to ensure the timely delivery of supplies during Early Voting and on Election Day, for the efficient tabulation of ballots at the central counting station, andf for the post- election processes conducted by warehouse personnel. Part- time personnel working in support of the Early Voting Ballot Board and/or central counting station on Election Night will be compensated at the hourly rate set by' Williamson County in accordance with Texas Ina accordance with Sec. 31.098 of the Texas Election Code, the Elections Administrator is authorized to contract with third persons for election services and supplies. The actual cost of such third-person services and supplies willl be paid by the Elections Administrator and reimbursed by the Participating Authorities. Iti is agreed by all parties that at all times and for all purposes hereunder, all election judges, clerks, and all other personnel involved in this Election are independent contractors and are not employees or agents of Williamson County. No statement contained in this Contract shall be construed sO as to find any judge, clerk, or any other election personnel an employee or agent of the Williamson County, and no election personnel shall be entitled to the rights, privileges, or benefits of Williamson County employees except as otherwise stated herein, nor shall any election personnel hold himself out as an employee or agent of the Williamson County, unless considered a county employee as determined byt the Williamson County Human Resources Department. Iti is further agreed by all parties that at all times and for all purposes hereunder, all election judges, clerks, and all other personnel involved int this Election are independent contractors and are not employees or agents of a Participating Authority. No statement contained in this Contract shall be construed sO as to find any judge, clerk, or any other election personnel an employee or agent of a Participating Authority, and no election personnel shall be entitled to the rights, privileges, or benefits ofa Participating Authority employee except as otherwise stated herein, nor shall any election personnel hold the hourly rates listed above. Election Code Sections 87.005, 127.004, and 127.006. 3 himself out as an employee or agent of a Participating Authority, unless considered an employee of the Participating Authority as determined by the governing body of said Participating Authority. VI. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator, subject to approval oft the Williamson County Election Board, shall arrange for all election supplies and voting equipment including, but notl limited to, Williamson County's electronic voting system and equipment, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges att the voting locations. The Elections Administrator: shall be responsible for conducting all required testing of the electronic equipment, as required by Chapters 127 Participants shall share voting equipment and supplies to the extent possible. A single ballot containing all the offices or propositions stating measures to be voted on at a particular polling place may be used in an election. A voter may not be permittedi tos select al ballot containing an office or proposition stating a measure on which the voter isi ineligible to vote. Multiple ballot styles shall! be available int those shared polling places wherej jurisdictions dor not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting Each Participating Authority shall furnish the Elections Administrator with a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) aret to appear on the official ballot (including titles of offices and texti inl both English and Spanish languages). The Participating Authorities are required to submit these ballot details in at format or template requested by the Williamson County Elections Office. Each Participating Authority shall be responsible for proofreadingand: approving thel ballot insofar asi itpertains tot that authority's candidates and/or propositions. Each Participating Authority shall also be responsible for proofing and approving the audio recording of the ballot insofar as it pertains to that authority's candidates and/or propositions. The approvals must be finalized with thel Elections Office within five (5) calendar days of receipt of the proofs, or thep providedp proofs Int the event al Participating Authority identifies an error after approval of their respective ballot proof(s), and any programming: and/or audiot files require changes, thel Participating Authority approving the original ballot and audio proof will be responsible fort thet full cost of reprogramming, if required. This willi include the cost of reprogramming ballot language and/or audio files for other Participating Authorities as necessary due to Pursuant to Texas Election Code Section 43.007, Early Voting by Personal Appearance and/or the use of Vote Centers on Election Day shall be conducted exclusively on Williamson County's EVS 6300 Voting The Elections Administrator shall be responsible for the programming, preparation, testing, and delivery of the The Elections Administrator shall conduct criminal background checks for relevant election officials, staff, and 129 of the Texas Election Code. locations that have more than one ballot style to conduct a proper election. shall be considered approved. software limitations. System. Provisional ballots willl be cast on the EVS 6300' Voting System. voting system equipment for the Election as required by the Texas Election Code. and temporary workers upon hiring as required by Texas Election Code 129.051(g). VII. EARLY VOTING The Participating Authorities agree to conduct Early" Voting andi to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each Participating Authority agrees to appoint the Elections Administrator's permanent county employees as Deputy Early Voting clerks. The Participating Authorities further agree that the Elections Administrator may appoint other Deputy Early Voting clerks to assist in the conduct of Early Voting as necessary, and that these additional Deputy Early Voting clerks shall be compensated at an hourly rate set by Williamson County pursuant to Section 83.052 of the Texas Election Code. Deputy Early Voting clerks who are 4 permanent employees of the Williamson County Elections Administrator may be paid from the election services contract fund for contractual duties performed outside of normal business hours (Sec. 31.100(e), Early Voting by personal appearance will be held at the locations, dates, andi times listed in Attachment C of this document and may be amended. In the event a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location. The Elections Administrator shall notify the Participating Authorities of any changes from the locations listed in Attachment C. Any Williamson County qualified voter oft the Election may vote early by personal appearance ata any one of the Early Voting As Early Voting Clerk, the Elections Administrator shall receive applications for Early Voting ballots to be voted by mail in accordance with Chapters 31 and 86 oft the Texas Election Code. Any requests for Early Voting ballots to be voted by mail received by the Participating Authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The address of the Early Voting Clerk is as Texas Election Code). locations. follows: Mailing Address: Early Voting Clerk Williamson County Elections Office POI Box 209 Georgetown, TX 78627 Physical Location: Early Voting Clerk Inner Loop Annex 301 SE Inner Loop, Suite 104 Georgetown, TX 78626 Ina accordance with Section 87.121(g) of the Texas Election Code, after the first day of Early Voting, the Elections Administrator shall post on the Williamson County Elections Office webpage, the Early Voting turnout by Early Voting polling location by day and a cumulative final Early Voting turnout report following the close of Early Voting. VIII. EARLYVOTING BALLOT BOARD The Williamson County Election Board shall appoint members to an Early Voting Ballot Board (EVBB) to process Early' Voting results from the Election. The Elections Administrator, as chair of the Election Board, shall determine the number of EVBB members required to efficiently process the Early Voting ballots. Thel Elections Administrator will taket the necessary steps for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election The Counting Station Manager or an approved representative shall deliver timely cumulative reports of the Election results as precincts report to the central counting station and are tabulated. The Counting Station Manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the Election to the participants, candidates, press, and general public by distribution of electronic copies at the central counting station andl by posting tot the Williamson County Elections Office webpage. To ensure the accuracy ofreported election returns, results printed ont the tapes produced by' Williamson County's voting equipment The Elections Administrator will prepare the unofficial canvass reports that are necessary for compliance with Texas Election Code Section 67.004, after all precincts have been counted: and will deliver a copy of the unofficial canvass to each Participating Authority as soon as possible after all returns have been tabulated. Each Participating Authority shall be responsible for the official canvass of its respective election(s). The official canvass of the Election shall not take place before May 3, 2025, and no later than May 13, 2025, as The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to IX. CENTRAL COUNTING STATION AND ELECTION RETURNS Code and of this Contract. will not be released to the Participating Authorities at any individual polling locations. per the Texas Election Code. 5 the Secretary of State as required by Section 67.017 of the Texas Election Code. Each Participating The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each Participating Authority X. - PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE WILLIAMSON COUNTY The Elections Administrator will consider conducting elections int territories outside of Williamson County on acase- by-case basis; provided, however, the Elections Administrator shall administer only the Williamson Authority agrees to upload these reports. and the Secretary of State's Office. County portion of the elections held by the Participating Authorities. XI. RUNOFFI ELECTIONS Each Participating Authority shall have the option of extending the terms of this Contract through its runoff election, if applicable. In the event of such runoff election, the terms of this Contract shall automatically extend unless the Participating Authority notifies the Elections Administrator in writing within three (3) Each Participating Authority shall reserve the right to reduce the number of Early Voting locations and/or Election Day voting locations in ar runoff election. lfnecessary, any voting changes made by al Participating Authority between the original election and the runoff election shall be submitted by such Participating Authority making the change to the United States Department of Justice for the preclearance required by Each Participating Authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 3, 2025, Election and to conduct its drawing for ballot positions at or immediately following Each Participating Authority eligible to hold runoff elections after the May 3, 2025, Election agrees that the date of a necessary runoff election shall be held in accordance with the Texas Election Code. business days of the original election. the Federal Voting Rights Act of 1965, as amended. such meeting in order to expedite preparations fori its runoff election. XII. ELECTION EXPENSES AND ALLOCATION OF COSTS an administrative fee, and for the lease of voting equipment. Charges. In consideration for the election services provided hereunder by the Elections Administrator, the Participating Authorities willl be charged a share of election costs, as staffing agency feei for election workers, 1. Share of Election Costs. Each Participating Authority's share of election costs will be () al base fee of$1,000.00, (i) plus a pro rata share of thet total of all costs incurred by the Elections Administrator in connection with the administration of elections of other entities held at the same time as the Election. The sum of thel base charges from all Participating Authorities will be subtracted from the total of all costs before allocating the remaining costs to each Participating Authority. Each Participating Authority's share oft the remaining (allocated) costs willl be determined as follows: The number of registered voters in each individual Participating Authority will be divided by the number of all registered voters of all Participating Authorities to determine each entity's pro rata share expressed as a percentage, which will then be multiplied against each of the allocated costs (remaining costs after base charges are subtracted) as itemized on the final Total Cost report/invoice submitted to each Participating Authority after the Election. The end result willl be a charge to the Participating Authority of $1,000.00 plust thel Participating Authority's allocated share 2. Each Participating Authority's share of the staffing agency fee for election workers will be determined on a pro rata basis. The staffing agency fee is based on ar markup cost percentage of ofcounty-wide election costs not covered by the sum of all base fees received. 6 27% of the gross wages of election workers not classified as employees of Williamson County. 3. Lease of Voting Equipment. Per Texas Election Code Section 123.032(d), the Williamson County Commissioners Court has established the following prices for leasing county-owned voting equipment: $250.00 per ExpressVote Ballot Marking Device $400.00 per DS200/DS300 Precinct Scanner; $250.00 per electronic pollbook. $6,000.00 per DS850 Central Count scanner to cover the duration oft the Election; The Participating Authority's share ofv voting equipment costs willl be determined on a pro ratal basis. Leasing cost will be calculated once for the Early Voting period and once for Election Day. If the County acquires additional equipment, different voting equipment, or upgrades existing equipment during the term of this Contract, the charge for the use of the equipment may be reset by the 4. Administrative Fee. Each Participating Authority agrees to pay the Williamson County Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs, less the staffing agency fee, in accordance with Section 31.100(d) of the Texas Election Code. The Elections Administrator shall deposit all funds payable under this Contract into the appropriate fund(s) within the Williamson County treasury in accordance with Election Code Section 31.100. XIII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Williamson County Commissioners Court. Any Participating Authority may withdraw from this Contract and the Election should it cancel its election in accordance with Sections 2.051 2.053 of the Texas Election Code. Participating Authority is fully liable for any expenses incurred by Williamson County on behalf of Participating Authority plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with Williamson County by Participating Authority shall be refunded, minus the aforementioned expenses and administrative fee if applicable. XIV. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of Access to the election records shall be available to each Participating Authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall bes stored att the offices oft thel Elections Administrator or at analternatet facility used fors storage of County records. The Elections Administrator shall ensure that the records are maintained in Records of the Election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each Participating Authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may bet filed with the Participating Authority. the Election as authorized by Section 271.010 of the Texas Election Code. an orderly manner: sO that the records are clearly identifiable and retrievable. XV. RECOUNTS OR CONTESTED ELECTION Arecount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting Participating Authority agrees that any recount shall take place at the offices of the Elections Administrator or at al location of thel Elections Administrator's choosing, and that the Elections Administrator shall serve as Recount Supervisor and the Participating Authority's official or 7 employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount In the event of a contested election, the expenses of a new election ordered by a court of competent jurisdiction or Participating Authority will be paid for and by the Participating Authority in accordance with The Elections Administrator agrees to provide advisory services to each Participating Authority as Coordinator. Section 221.014 of the Texas Election Code. necessary to conduct a proper recount. XVI. MISCELLANEOUS PROVISIONS 1. The Elections Administrator shall file copies of this document with the Williamson County Treasurer and the Williamson County Auditor in accordance with Section 31.099 of the Texas 2. Nothing ini this Contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this Contract or a violation of the Texas 3. This Contract shall be construed under andi in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in' Williamson County, Texas. 4. Int the event that one of more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 5. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all 6. The waiver by any party of a breach of any provision of this Contract shall not operate as or be 7. Any amendments of this Contract shall be of no effect unless in writing and signed by all parties 8. Participating Authority agrees to act in good faith in the performance of this Contract and shall immediately contact and notify the Elections Administrator of any potential problems or issues 9. In the event that any legal action or a recount is filed concerning a Participating Authority's election under any provision of state or federal law, Participating Authority shall choose and provide, ati its own expense, legal counsel for Williamson County, andi its Elections Administrator or staff if named as a party, witness, or if other discovery or examination of ballots is ordered. Additionally, Participating Authority shall reimburse Williamson County, and its Elections Administrator, the actual costs of any recount or litigation expense and additional election personnel as necessary to complete tasks not otherwise covered under this contract but 10. Iti is understood that to the extent space is available, that other districts or political subdivisions may wish to participate in the use of Williamson County's election equipment and voting places, and iti is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro- Election Code. Election Code. local governments, and any other entities with local jurisdiction. construed as a waiver of any subsequent breach. hereto. relevant tot the subject matter of this Contract. which are directly related to any recount, contest or other legal action. rata share to bep paid to Williamson County by the Participating Authorities 8 XVII. COST ESTIMATES AND DEPOSIT OF FUNDS Thet total estimatedcost: for the May 3, 2025, Election is $ andi is based partly on the itemized costs of the May 3, 2025, joint general special election. After the final determination has been made of whom the Participating Authorities will be and the Contracts are fully executed, the Elections Administrator shall provide each Participating Authority with an official cost estimate. Each Participating Authority's percent share oft the estimated total costi is based ont the number of registered voters and further described in Section XII.1. of this Contract. Each Participating Authority agrees to pay the Williamson County Elections Administrator: ac deposit of 50% of the simaecongatonolaer thant thirty (30) daysa after receiving the official cost estimate. As soon as reasonably possible after the election, the Elections Administrator will submit an itemized invoice to each Participating Authority based on the actual expenses (supported by documentation such as time sheets, compensation forms, andi invoices) directly attributable tot the services provided by the Elections Administrator. The exact amount of each Participating Authority's obligation under the terms of this Contract shall be calculated after the election (or runoff election, if applicable); and, if the amount of an Authority's total obligation exceeds the amount deposited, the Participating Authority shall pay to the Elections Administrator the balance due within thirty (30) days after the receipt of the final invoice from the Elections Administrator. However, if the amount of the Participating Authority's total obligation is less than the amount deposited, the Elections Administrator shall refund to the Participating Authority the excess amount paid within thirty (30) days after the final costs are calculated. The Participating Authority agrees that it shall provide ballot details as required in Section VI above to the Elections Office notl later thant the 69th day (Monday, February: 24, 2025) before the election. Iti is understood that ift the ballot details are not provided tot the Elections Office by the 63rd day before the election (February 28, 2025) that the Elections Office may impose a penalty fee of $1000.00 assessed to the total cost. Iti is also understood that if the ballot details are not provided to the Elections Office by the 56th day before Election Day (Friday, March 7, 2025), this contract will be declared null and void and it will be the responsibility of the political entity to conduct a separate election. XVIII. SIGNATURE PAGE WITNESS BY MY HAND THIS THE. DAY OF 20_ ELECTIONS ADMINISTRATOR: Bridgette Escobedo, Elections Administrator Williamson County, Texas WITNESS BYI MY HAND THIS THE. DAYOF 20 PARTICIPATING AUTHORITY: Name of Participating Authority: By: Printed Name: Official Capacity: 9 ATTACHMENT A (To be provided after the final day to cancel an election as prescribed by the Texas Secretary of State's Election Law Calendar) List of Participating Authorities 10 ATTACHMENTB Election Day' Voting! Locations 11 ATTACHMENT C Early Voting Schedule with Voting Locations Early Voting by personal appearance will be conducted beginning on Tuesday, April 22, 2025, and (La votacion anticipada por presentacion personal se llevard a cabo a partir del martes 22 de abril de 2025y ending on Tuesday, April 29, 2025, at: finalizard el martes 29 de abril 2025 en:) Main Location: (ubicacion principal) Georgetown Annex, HR 108, 100 Wilco Way, Georgetown, TX 78626 Dates and Times for Full-Time Locations: (Fechas yl horarios para las localidades de tiempo completo) Tuesday, April 22, 2025 through Saturday, April 26, 2025 (martes, 22 de abril de 2025 -Sabado, 26 de abril de 2025) No voting on Sunday, April 27, 2025 (no hay votacion el domingo, 27a abril de: 2025) Monday, April 28, 2025 through Tuesday, April 29, 2025 (lunes, 28 de abril de 2025 -martes, 29 de abril de: 2025) 8:00am-6:00pm 8:00am-6:00pm 7:00am-7:00pm 7:00am-7:00pm 12 CADENCE CADENCE EQUIPMENT FINANCE 1/10/2025 City of Bartlett, TX tyacmin@bartet-sus Itis a pleasure to submit for your consideration the following proposal to provide lease-purchase financing based on the terms and conditions set forth below: 1., Lessor: 2. Lessee: Cadence Equipment Finance, a division of Cadence Bank City of Bartlett, TX Various Equipment $198,000.00 3, 4and 5 Years 3._E Equipment Description: 4._Finance. Amount: 5. Lease Term: 6. Lease Payments: (These are approximate payment amounts. The actual payment will be determined at funding No Prepayment Penalty or Fees 36 monthly payments @ $5,936.90arrears 48 monthly payments @ $4,562.49arrears 60 monthly payments @ $3,739.23 arrears 3annual payments @ $72,908.47 arrears 4 Annual Payments @ $56,029.91 arrears 5 Annual Payments @ $45,919.76 arrears date.) 7. Lease Rate: 8. Funding Date: 5.03% This proposal is contingent upon the equipment being delivered and the lease funded prior to the prime rate increasing above 7.50%. Any extension of the funding or delivery date Title is passed to Lessee at lease expiration for must be in writing. no further consideration. 9. Purchase Option: Page 2 January 10, 2025 10. onaporatontremntion The lease provides that Lessee is to make reasonable efforts to obtain funds to satisfy the obligation in each fiscal year. However, the lease may be terminated without penalty int the event of non-appropriation. In such event, the Lessee agrees to provide an attorney's opinion confirming the events of non-appropriation and 11. Bank Qualification: This lease-purchase financing shall be designated as a bank qualified tax-exempt transaction as per the 1986 Federal Tax Bill. This means that the Lessee's governing body will pass a resolution stating that it does not anticipate issuing more than $10 million in General Obligation debt or other debt falling under the Tax Bill's definition of qualifying debt during the calendar year that the lease is funded. 12. Tax Status: This proposal is subject to the Lessee being qualified as a governmental entity or "political subdivision" within the meaning of Section 103(a) of the Internal Revenue Code of 1954 as amended, within the meaning of said Section. Lessee agrees to cooperate with Lessor in providing evidence as deemed necessary or desirable by Lessor to substantiate 13. NetLease: This will be a net lease transaction whereby maintenance, insurance, taxes (if applicable), compliance with laws and similar expenses shall be borne by Lessee. 14. Financial Statements: Complete and current financial statements must be submitted to 15. Lease Documentation: This equipment lease-purchase package is subject to the mutual acceptance of lease-purchase documentation within a reasonable time period, otherwise Ift the foregoing is acceptable, please sO indicate by signing this letter in the space provided below and returning it to Cadence Equipment Finance. The proposal is subject to approval by Cadence Equipment Finance's Credit Committee and to mutually acceptable Acceptance of this proposal expires as the close of business on 2/10/2025. Extensions Any concerns or questions should be directed to Jonathan King at 228-223-4642 or Lessee's exercise of diligence to obtain funds. such tax status. Lessor for review and approval of Lessee creditworthiness payments will be subject to market change. terms, conditions and documentation. must be approved by the undersigned. yonatnan.king@cadencebank.com. Jonathan Sing Municipal Territory Manager ACKNOWLEDGMENT AND ACCEPTANCE By: Date: Title