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Home My WebLink About2020 0915CITY OF THE COLONY CITY COUNCIL AGENDA TUESDAY, SEPTEMBER 15, 2020 6:30 PM TO ALL INTERESTED PERSONS Notice is hereby given of a REGULAR SESSION of the CITY COUNCIL of the City of The Colony, Texas to be held at 6:30 PM on TUESDAY, SEPTEMBER 15, 2020 at CITY HALL and via VIDEO CONFERENCE, 6800 MAIN ST., THE COLONY, TX, at which time the following items will be addressed: 1 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS 1.1 Call to Order 1.2 Invocation 1.3 Pledge of Allegiance to the United States Flag 1.4 Salute to the Texas Flag 1.5 Proclamation recognizing September 17 through September 23, 2020 as "Constitution Week". (Council) 1.6 Proclamation recognizing September 16, 2020 as "The American Legion Day" in The Colony. (Council) 1.7 Items of Community Interest 2 CITIZEN INPUT This portion of the meeting is to allow up to five (5) minutes per speaker with a maximum of thirty (30) minutes for items not posted on the current agenda. The council may not discuss these items, but may respond with factual data or policy information, or place the item on a future agenda. Those wishing to speak shall submit a Request Form to the City Secretary. 3 WORK SESSION The Work Session is for the purpose of exchanging information regarding public business or policy. No action is taken on Work Session items. Citizen input will not be heard during this portion of the agenda. 3.1 Council to provide direction to staff regarding future agenda items. (Council) 4 CONSENT AGENDA The Consent Agenda contains items which are routine in nature and will be acted upon in one motion. Items may be removed from this agenda for separate discussion by a Council member. 4.1 Consider approving City Council Regular Session meeting minutes for September 1, 2020. (Stewart) 4.2 Consider approving a resolution authorizing the Mayor to execute a Negotiated Settlement Agreement 1 REGULAR SESSION of the CITY COUNCIL Agenda Meeting Date: 09/15/2020 Page - 2 between the Atmos Cities Steering Committee and Atmos Energy Corporation regarding the company's 2020 RRM filing. (Cranford) 4.3 Consider approving a resolution authorizing the City Manager to execute a purchase order in the amount of $62,157.00 to Cummins Southern Plains, LLC for a 50/60Hz-70kW generator to be shared by the Parks & Recreation and Wastewater Departments. (Swain) 4.4 Consider approving a resolution authorizing the City Manager to execute an agreement with Carollo Engineers, Inc. in the amount of $78,115.00 for the purpose of providing engineering services for a water system study to evaluate and recommend ways to mitigate the cause of taste and odor complaints. (Arthur) 5 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving a resolution amending the Fiscal Year 2019-2020 Master Fee Schedule for the Fiscal Year 2020-2021, effective October 1st 2020. (Miller) 5.2 Discuss and consider approving an ordinance adopting the City of The Colony Fiscal Year Budget beginning October 1, 2020 through September 30, 2021; providing for intra and inter departmental fund transfers; providing for the investment of certain funds; providing that expenditures for said fiscal year to be made in accordance with said budget. (Miller) 5.3 Discuss and consider approving an ordinance adopting the City of The Colony tax rate of $.655 per $100 valuation on January 1, 2020; tax rate is comprised of $.495 Maintenance & Operations and $.16 General Fund Debt Service. (Miller) 5.4 Discuss and consider approving an ordinance levying the Public Improvement District Annual Assessment on properties located within the City of The Colony Public Improvement District No. 1 for Fiscal Year 2020-2021 and approving an Assessment Roll. (Maurina) 6 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16. B. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas Government Code regarding commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). C. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. 7 EXECUTIVE SESSION ACTION 2 REGULAR SESSION of the CITY COUNCIL Agenda Meeting Date: 09/15/2020 Page - 3 7.1 A. Any action as a result of executive session regarding pending or contemplated litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16. B. Any action as a result of executive session regarding commercial or financial information the city has received from a business prospect(s). C. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. EXECUTIVE SESSION NOTICE Pursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of the above items may be considered in executive session closed to the public, including but not limited to consultation with attorney pursuant to Texas Government Code Section 551.071 arising out of the attorney’s ethical duty to advise the city concerning legal issues arising from an agenda item. Any decision held on such matter will be taken or conducted in open session following the conclusion of the executive session. ADJOURNMENT Persons with disabilities who plan to attend this meeting who may need auxiliary aids such as interpreters for persons who are deaf or hearing impaired, readers or, large print are requested to contact the City Secretary’s Office, at 972-624-3105 at least two (2) working days prior to the meeting so that appropriate arrangements can be made. CERTIFICATION I hereby certify that above notice of meeting was posted outside the front door of City Hall by 5:00 p.m. on the ___ day of __________, 2017. ____________________________________ Tina Stewart, TRMC, City Secretary 3 Agenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: September 15, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Proclamation Agenda Section: Subject: Proclamation recognizing September 17 through September 23, 2020 as "Constitution Week". (Council) Suggested Action: Attachments: Constitution Week 2020 Proclamation.doc 4 MAYORAL PROCLAMATION WHEREAS,September 17, 2020, marks the two hundred and thirty-secondanniversary of the draftingof the Constitution of the United States of America by the Constitutional Convention; and WHEREAS,it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America, designating September 16th through 22nd as Constitution Week. NOW, THEREFORE,I, Joe McCourry, Mayor of The Colony, Texas, do hereby proclaim the week of September 17 – 23, 2020 as: CONSTITUTION WEEK and ask our citizens toreaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of The Colony, Texas, to be affixed this 15th day of September, 2020. Joe McCourry, Mayor City of The Colony ATTEST: _______________________________ Tina Stewart, TRMC, City Secretary 5 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: September 15, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Proclamation Agenda Section: Subject: Proclamation recognizing September 16, 2020 as "The American Legion Day" in The Colony. (Council) Suggested Action: Attachments: The American Legion Day Proclamation.doc 6 Mayoral Proclamation WHEREAS, the American Legion was chartered by Congress in 1919 on September 16th as a wartime veterans organization based on the four pillars of Veterans Affairs & Rehabilitation, National Security, Americanism, and Children & Youth; and WHEREAS, over the years, the American Legion has become a preeminent community-service organization which now numbers more than 2.5 million members -- men and women -- in over 14,000 American Legion posts worldwide working a variety of programs that support the four pillars and benefit our nation’s veterans, its service members, their families, the youth of America and its citizens; and WHEREAS, the members of the American Legion are dedicated to upholding the ideals of freedom and democracy, while working to make a difference in the lives of fellow Americans; and WHEREAS, the 2020 observance of American Legion Day provides an opportunity to recognize Legionnaires in our community for their many contributions to our community. NOW, THEREFORE, I, Joe McCourry, Mayor of The Colony, Texas, do hereby proclaim September 16, 2020 as: THE AMERICAN LEGION DAY SIGNED and SEALED this 15 th day of September 2020. Joe McCourry, Mayor City of The Colony, Texas 7 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: September 15, 2020 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 8 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: September 15, 2020 Submitted by: Mayra Sullivan Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes for September 1, 2020. (Stewart) Suggested Action: Attachments: September 1, 2020 DRAFT Minutes.docx 9 1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action will be taken and no direction will be given regarding these items. MINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON SEPTEMBER 1, 2020 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 1 st day of September 2020, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Joe McCourry, Mayor Kirk Mikulec, Councilmember Richard Boyer, Deputy Mayor Pro Tem Brian Wade, Councilmember David Terre, Mayor Pro Tem Perry Schrag, Councilmember Joel Marks, Councilmember Present Present Present Present Present Present Present (arrived at 6:45 p.m.) And with 7 council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor McCourry called the meeting to order at 6:30 p.m. 1.2 Invocation Reverend Adam Young of First United Methodist Church delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Proclamation recognizing September 2020 as United Way of Denton County - LIVE UNITED Month. Mayor proclaimed the month of September 2020 as "United Way of Denton County - LIVE UNITED" month. Councilmember Mikulec read a letter of appreciation from United Way of Denton County to the City of The Colony City Council. The letter expressed their gratitude for the support and recognition of Live United month. The impact of working together with outstanding nonprofit organizations like Next Steps - The Colony and North Texas Community Food Pantry. United Way has helped 112 residents of The Colony with assistance through their Eviction Prevention Program. 10 City Council – Regular Meeting Agenda September 1, 2020 Page| 2 1.6.Items of Community Interest None 2.0 CITIZEN INPUT Chris Palozzi, 3017 Aberdeen Drive, spoke concerning the increase in taxes in The Colony. Councilmember Marks arrived at 6:45 p.m. 3.0 WORK SESSION 3.1 Receive a presentation, discuss and provide direction to staff regarding the process for changing the speed limit on a residential street. Director of Engineering, Ron Hartline, briefed council on this item as requested by Councilmember Wade. Council provided discussion on this item and Council advised staff to request a letter from the Homeowners Association is which to include a vote from the entire membership. 3.2 Council to provide direction to staff regarding future agenda items. None 4.0 CONSENT AGENDA Motion to approveall items from the Consent Agenda-Mikulec; second by Wade, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes for August 18, 2020. 4.2 Consider approving Council expenditures for the month of July 2020. 4.3 Consider approving a resolution authorizing the City Manager to execute a Multiple Use Agreement with the Texas Department of Transportation (TxDOT) for the construction, maintenance and operation of the public Cascades/Grandscape Trail. RESOLUTION NO. 2020-042 4.4 Consider approving a resolution authorizing the City Manager to execute an amendment to the Voluntary Interlocal Cooperation Agreement with the Texas Department of Transportation for the operation and maintenance of Traffic Signals along FM 423 and SH 121. RESOLUTION NO. 2020-043 11 City Council – Regular Meeting Agenda September 1, 2020 Page| 3 5.0 REGULAR AGENDA ITEMS 5.1 Conduct a public hearing, discuss and consider the City of The Colony Preliminary Municipal Budget 2020-2021. Assistant City Manager of Administration, Tim Miller, briefed Council on the proposed budget items. Council provided discussion on this item and Council recommended postponing this item for further consideration and review of the presentation and additional items. The public hearing opened at 7:50 p.m. and closed at 7:51 p.m. with no speakers. Motion to postpone- Mikulec; second by Wade, motion carried with all ayes. 5.2 Discuss and consider approving a resolution authorizing the City Manager to execute the proposed 2020-2021 Special and Aging Needs (SPAN) service contract. Programs Administrator, Joe Perez, presented the proposed resolution to Council. Diane Beck, Mobility Manager with SPAN, Kristine Herrera, Meals on Wheels Director, and Carrie Captain, Meals on Wheels Community Manager, were available for questions. Council provided discussion on this item. Motion to approve- Marks; second by Boyer, motion carried with all ayes. RESOLUTION NO. 2020-044 5.3 Discuss and consider approving an ordinance canceling the November 3, 2020 city council election for single-member district Place 6 and declaring the unopposed candidate elected. Motion to approve- Terre; second by Mikulec, motion carried with all ayes. ORDINANCE NO. 2020-2404 Executive Session was convened at 8:12 p.m. 6.0 EXECUTIVE SESSION 12 City Council – Regular Meeting Agenda September 1, 2020 Page| 4 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16, and related agreement with Lonzar Delaware, Inc., a Delaware corporation. **ITEM REMOVED FROM AGENDA WITH NO DISCUSSION** B. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas Government Code regarding commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). **ITEM REMOVED FROM AGENDA WITH NO DISCUSSION** C. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the Municipal Judge. D. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Regular Session was reconvened at 8:39 p.m. 7.0 EXECUTIVE SESSION ACTION A. Any action as a result of executive session regarding pending or contemplated litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16. B. Any action as a result of executive session regarding commercial or financial information the city has received from a business prospect(s). C. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the Municipal Judge. Motion to adjust the contract terms as discussed in executive session- Boyer; second by Schrag, motion carried with all ayes. D. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Motion to adjust the contract terms as discussed in executive session- Boyer; second by Schrag, motion carried with all ayes. 13 City Council – Regular Meeting Agenda September 1, 2020 Page| 5 ADJOURNMENT With there being no further business to discuss the meeting adjourned at 9:41 p.m. APPROVED: ________________________________ Joe McCourry, Mayor City of The Colony ATTEST: _______________________________ Tina Stewart, TRMC City Secretary 14 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: September 15, 2020 Submitted by: David Cranford Submitting Department: Finance Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the Mayor to execute a Negotiated Settlement Agreement between the Atmos Cities Steering Committee and Atmos Energy Corporation regarding the company's 2020 RRM filing. (Cranford) Suggested Action: City is a member of the Atmos Cities Steering Committee which has entered into an agreement with Atmos regarding the 2019 RRM filing for increased revenues. Attachments: Model Report Atmos.docx Res. 2020-xxx Atmos Mid-Tex RRM Settlement.docx 15 1 August 17, 2020 MODEL STAFF REPORT BACKGROUND AND SUMMARY The City, along with 171 other Mid-Texas cities served by Atmos Energy Corporation, Mid- Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism (“RRM”), as a substitute for future filings under the GRIP statute. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or about March 31, 2020, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The Company claimed that its cost-of-service in a test year ending December 31, 2019, entitled it to additional system-wide revenues of $141.2 million. Application of the standards set forth in ACSC’s RRM Tariff required Atmos to reduce its request to $136.3 million, $98.7 million of which would be applicable to ACSC members. ACSC’s consultants concluded that the system-wide deficiency under the RRM regime should be $111.5 million instead of the claimed $136.3 million. The amount of the $111.5 million deficiency applicable to ACSC members would be $80.8 million. After the Company reviewed ACSC’s consultants’ report, ACSC’s Executive Committee and the Company negotiated a settlement whereby the Company would receive an increase of $90 million from ACSC Cities, but with a two-month delay in the Effective Date until December 1, 2020. This 16 2 should save ratepayers approximately $9 million such that the case is functionally equivalent to ACSC’s consultants’ recommendation of $80.8 million. The Executive Committee recommends a settlement at $90 million. The Effective Date for new rates is December 1, 2020. ACSC members should take action approving the Resolution before November 1, 2020. PROOF OF REVENUES Atmos generated proof that the rate tariffs attached to the Resolution will generate$90 million in additional revenues from ACSC Cities. That proof is attached as Attachment 1 to this Staff Report. ACSC consultants have agreed that Atmos’ Proof of Revenues is accurate. BILL IMPACT The impact of the settlement on average residential rates is an increase of $5.15 on a monthly basis, or 9.9 percent. The increase for average commercial usage will be $15.48 or 6.56 percent. A bill impact comparison is attached as Attachment 2. SUMMARY OF ACSC’S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP PROCESS ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues while rewarding the Company for increasing capital investment on an annual basis. The GRIP process does not allow any review of the reasonableness of capital investment and does not allow cities to participate in the Railroad Commission’s review of annual GRIP filings or allow recovery of Cities’ rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect without any material adjustments. In ACSC’s view, the GRIP process unfairly raises customers’ rates without any regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. 17 3 RRM SAVINGS OVER GRIP While residents outside municipal limits must pay rates governed by GRIP, there are some cities served by Atmos Mid-Tex that chose to remain under GRIP rather than adopt RRM. Additionally, the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates become effective on December 1, 2020, ACSC residents will maintain a slight economic monthly advantage over GRIP and DARR rates. See Attachment 3. EXPLANATION OF “BE IT RESOLVED” PARAGRAPHS: 1.This section approves all findings in the Resolution. 2.This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just, reasonable, and in the public interest. 3.This section makes it clear that Cities may challenge future costs associated with gas leaks like the explosion in North Dallas or the evacuation in Georgetown. 4.This section finds that existing rates are unreasonable. Such finding is a necessary predicate to establishment of new rates. The new tariffs will permit Atmos Mid-Tex to recover an additional $90 million from ACSC Cities. 5.This section approves an exhibit that establishes a benchmark for pensions and retiree medical benefits to be used in future rate cases or RRM filings. 6.This section approves an exhibit to be used in future rate cases or RRM filings regarding recovery of regulatory liabilities, such as excess deferred income taxes. 7.This section requires the Company to reimburse the City for expenses associated with review of the RRM filing, settlement discussions, and adoption of the Resolution approving new rate tariffs. 8.This section repeals any resolution or ordinance that is inconsistent with the Resolution. 18 4 9.This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 10.This section is a savings clause, which provides that if any section is later found to be unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining provisions of this Resolution. This section further directs that the remaining provisions of the Resolution are to be interpreted as if the offending section or clause never existed. 11.This section provides for an effective date upon passage. December 1, 2020 represents a two month delay in the Effective Date established by the RRM tariff. 12.This section directs that a copy of the signed Resolution be sent to a representative of the Company and legal counsel for ACSC. CONCLUSION The Legislature’s GRIP process allowed gas utilities to receive annual rate increases associated with capital investments. The RRM process has proven to result in a more efficient and less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP process. Given Atmos Mid-Tex’s claim that its historic cost of service should entitle it to recover $141.2 million in additional system-wide revenues, the RRM settlement at $90 million for ACSC Cities reflects substantial savings to ACSC Cities. ACSC’s consultants produced a report indicating that Atmos had justified increased revenues for ACSC Cities of at least $81 million. Settlement at $90 million (equivalent to $81 million with a two-month delay) is fair and reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members urges all ACSC members to pass the Resolution before November 1, 2020. New rates become effective December 1, 2020. 2557/32/8105318 19 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2020 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. WHEREAS, the City of The Colony, Texas (“City”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a 20 2 substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about March 31, 2020, Atmos Mid-Tex filed its 2020 RRM rate request with ACSC Cities based on a test year ending December 31, 2019; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2020 RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing; and WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $90 million applicable to ACSC Cities with an Effective Date of December 1, 2020; and WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the two month delayed Effective Date from October 1 to December 1 will save ACSC ratepayers approximately $9 million off new rates imposed by the attached tariffs (Exhibit A), the impact on ratepayers should approximate the reasonable value of the rate filing found by the ACSC Consultants’ Report, which was $81 million; and WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and 21 3 WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Exhibit B); and WHEREAS, the settlement agreement establishes an amortization schedule for regulatory liability prepared by Atmos Mid-Tex (Exhibit C); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses associated with RRM applications; NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the findings set forth in this Resolution are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $90 million for ACSC Cities represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2020 RRM filing, is in the public interest, and is consistent with the City’s authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex’s plant-in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit A, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $90 million from customers in ACSC Cities, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. 22 4 Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Exhibit B, attached hereto and incorporated herein. Section 6. That subject to any future settlement or decision regarding the balance of Excess Deferred Income Tax to be refunded to ratepayers, the amortization of regulatory liability shall be consistent with the schedule found in Exhibit C, attached hereto and incorporated herein. Section 7. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company’s 2020 RRM filing. Section 8. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Resolution, it is hereby repealed. Section 9. That the meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 10. That if any one or more sections or clauses of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, and the remaining provisions of the Resolution shall be interpreted as if the offending section or clause never existed. Section 11. That consistent with the City Ordinance that established the RRM process, this Resolution shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after December 1, 2020. Section 12. That a copy of this Resolution shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General 23 5 Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 15th day of September 2020. Joe McCourry, Mayor City of The Colony, Texas ATTEST: Tina Stewart, City Secretary APPROVED AS TO FORM: ______________________________ Jeff Moore, City Attorney 2557/32/8108360 24 Agenda Item No:4.3 CITY COUNCIL Agenda Item Report Meeting Date: September 15, 2020 Submitted by: David Swain Submitting Department: Parks & Recreation Item Type: Expenditures Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a purchase order in the amount of $62,157.00 to Cummins Southern Plains, LLC for a 50/60Hz-70kW generator to be shared by the Parks & Recreation and Wastewater Departments. (Swain) Suggested Action: Attachments: The Colony 70kW Portable Genset - Sourcewell.docx Cummins 70kW Portable Genset Spec Sheet.pdf Cummins 70kW Portable Genset Drawings.pdf Generator Purchase Memo.pdf Res. 2020-xxx Purchase Order to Cummins.docx 25 Quotation CUMMINS SOUTHERN PLAINS, LLC 4855 Mountain Creek Pkwy Dallas TX 75236 United States August 27, 2020 Project Name:The Colony -70kW Portable Genset Sourcewell/NJPA-Cummins Contract #: 120617-CMM The Colony Sourcewell/NJPA Member #: 30787 Quotation:2098000000553948 Thank you for your inquiry. We are pleased to quote as follows: USD Item Description Qty Rental Genset: 50/60Hz-70kW US-Nonroad U.S. EPA, Nonroad (Portable) Application 1 C70D2RE Genset-Diesel,50/60 Hz,70 kW, Standby-Rental 1 A122-2 Duty Rating-Prime Power 1 L230-2 Emissions-Compliance EPA Tier 4 Final Certified 1 R175-2 Voltage 208-480 Variable 1 B975-2 Alt-60Hz, 208/416-240/480 Volt, 125/80C (S/P)1 C281-2 UN31A (Canada) Certified Fuel Tank 1 KX21-2 Generator Set Control-PowerCommand 3.3, Paralleling with MLD 1 KV01-2 Distribution Panel-Rental Barrel Lug Connection 1 E153-2 Coolant Heater, Cold Ambient 1 F239-2 Electric Brake Trailer 1 F245-2 HITCH, BALL 1 A452-2 Packaging - Cummins Power Generation 1 L231-2 Auxiliary Fuel and DEF Connections 1 H013-2 Heater-Engine Oil 1 F248-2 Cam Lock Distribution Panel-U.S. Rental 1 A456-2 Battery Charger-Rental 1 E152-2 Engine Coolant - 60% Antifreeze, 40% Water Mixture 1 L174-2 Genset Warranty - Industrial Mobile Base, Prime 3 years / 3000 hours 1 SPEC-B Product Revision - B 1 CP01-2 Common Parts Listing 1 Battery 12 Volt, Lead Acid 1 Genset Freight Generator Freight 1 Level I Training 2-hour System Instruction for Site Personnel by Field Technician 1 trip Grand Total $62,157.00 Estimated TERP Tax (if applicable)$933.00 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. 26 Clarifications: Submittal Lead Time: 2 weeks Production Lead Time: 18-20 weeks Proposal based upon conversation only. No other plans or specifications were provided. Proposal includes one trip during normal business hours for owner’s training. The generator is ready to use immediately. On-site startup and testing are not included or required. If additional trips or after-hours trips are required, additional cost will be incurred. Submitted by Charlie Schnieders , Power Systems Representative charlie.a.schnieders@cummins.com Mobile: 214-676-0179 TERMS AND CONDITIONS FOR SALE OF POWER GENERATION EQUIPMENT These Terms and Conditions for Sale of Power Generation Equipment, together with the Quote, Sales Order, and/or Credit Application on the front side or attached hereto, are hereinafter referred to as this “Agreement” and shall constitute the entire agreement between the customer identified in the quote (“Customer”) and Cummins Southern Plains LLC (“Cummins”) and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer’s website or other internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, any terms and conditions related thereto shall be null and void and of no legal effect on Cummins. SCOPE. Cummins shall supply power generation equipment and any related parts, materials and/or services expressly identified in this Agreement (collectively, “Equipment”). No additional services, parts or materials are included in this Agreement unless agreed upon by the parties in writing. Any Quote is valid for 60 days. The price is firm provided drawings are approved and returned within 60 days after submission and ship date is not extended beyond published lead times. Any delays may result in escalation charges. A Sales Order for Equipment is accepted on hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received. A Quote is limited to plans and specifications section set forth in the Quote. No other sections shall apply. Additional requirements for administrative items may require additional costs. The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation or fuel, unless otherwise stated. SHIPPING; DELIVERY; DELAYS. Unless otherwise agreed in writing by the parties, Equipment shall be delivered FOB origin, freight prepaid to first destination. For consumer and mobile products, freight will be charged to Customer. Unless otherwise agreed to in writing by the parties, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. Cummins may deliver in installments. A reasonable storage fee, as determined by Cummins, may be assessed if delivery of the Equipment isdelayed, deferred, or refused by Customer. Offloading, handling, and placement of Equipment and crane services are the responsibility of Customer and not included unless otherwise stated. All shipments are made within normal business hours, Monday through Friday. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order and will be in effect after engineering drawings have been approved for production. Cummins shall use best efforts to meet estimated dates, but shall not be liable to customer or any third party for any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or any unforeseen event, circumstance, or condition beyond Cummins’ reasonable control including, but not limited to, acts of God, actions by any government authority, civil strife, fires, floods, windstorms, explosions, riots, natural disasters, embargos, wars, strikes or other labor disturbances, civil commotion, terrorism, sabotage, late delivery by Cummins' suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities. PAYMENT TERMS; CREDIT; RETAINAGE. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of the invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Equipment. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay Cummins’ costs and expenses (including reasonable attorneys’ fees) related to Cummins’ enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins.Retainage is not acceptable nor binding, unless required by statute or accepted and confirmed in writing by Cummins prior to shipment. TAXES; EXEMPTIONS. Unless otherwise stated, the Quote excludes all applicable local, state and federal sales and/or use taxes, permits and licensing. Customer must provide a valid resale or exemption certificate prior to shipment of Equipment or applicable taxes will be added to the invoice. TITLE; RISK OF LOSS. Unless otherwise agreed in writing by the parties, title and risk of loss for the Equipment shall pass to Customer upon delivery of the Equipment by Cummins to freight carrier or to Customer at pickup at Cummins’ facility. 27 INSPECTIONAND ACCEPTANCE. Customer shall inspect the Equipment upon delivery, before offloading, for damage, defects, and shortage. Any and all claims which could have been discovered by such inspection shall be deemed absolutely and unconditionally waived unless noted by Customer on the bill of lading. Where Equipment is alleged to be non-conforming or defective, written notice of defect must be given to Cummins within three (3) days from date of delivery after which time Equipment shall be deemed accepted. Cummins shall have a commercially reasonable period of time in which to correct such non-conformity or defect. If non-conformity or defect is not eliminated to Customer’s satisfaction, Customer may reject the Equipment (but shall protect the Equipment until returned to Cummins) or allow Cummins another opportunity to undertake corrective action. In the event startup of the Equipment is included in the services, acceptance shall be deemed tohave occurred upon successful startup. LIEN; SECURITY AGREEMENT. Customer agrees that Cummins retains all statutory lien rights. To secure payment, Customer grants Cummins a Purchase Money Security Interest in the Equipment. If any portion of the balance is due to be paid following delivery, Customer agrees to execute and deliver such security agreement, financing statements, deed of trust and such other documents as Cummins may request from time to time in order to permit Cummins to obtain and maintain a perfected security interest in the Equipment; or in the alternative, Customer grants Cummins a power of attorney to execute and file all financing statements and other documents needed to perfect this security interest. Cummins may record this Agreement, bearing Customer's signature, or copy of this Agreement in lieu of a UCC-1, provided that it shall not constitute an admission by Cummins of the applicability or non-applicability of the UCC nor shall the failure to file this form or a UCC-1 in any way affect, alter, or invalidate any term, provision, obligation or liability under this Agreement. The security interest shall be superseded if Customer and Cummins enter into a separate security agreement for the Equipment. Prior to full payment of the balance due, Equipment will be kept at Customer’s location noted in this Agreement, will not be moved without prior notice to Cummins, and is subject to inspection by Cummins at all reasonable times. CANCELLATION; CHARGES. Orders placed with and accepted by Cummins may not be cancelled except with Cummins’ prior written consent. If Customer seeks to cancel all or a portion of an order placed pursuant to this Agreement, and Cummins accepts such cancellation in whole or in part, Customer shall be assessed cancellation charges as follows: (i) 10% of total order price if cancellation is received in Cummins’ office after Cummins has provided submittals and prior to releasing equipment to be manufactured; (ii) 25% of total order price if cancellation is received in Cummins’ office after receipt of submittal release to order, receipt of a purchase order for a generator already on order with the factory, or is asked to make any hardware changes to the equipment already on order with the factory; (iii) 50% of total order price if cancellation is received in Cummins’ office 60 or fewer days before the scheduled shipping date on the order; or (iv) 100% of total order price if cancellation is received in Cummins’ office after the equipment has shipped from the manufacturing plant. MANUALS. Unless otherwise stated, electronic submittals and electronic operation and maintenance manuals will be provided, and print copies may be available upon Customer’s request at an additional cost. TRAINING; START UP SERVICES; INSTALLATION. Startup services, load bank testing, and owner training are not provided unless otherwise stated. Site startup will be subject to the account being current and will be performed during regular Cummins business hours, Monday to Friday. Additional charges may be added for work requested to be done outside standard business hours, on weekends, or holidays. One visit is allowed unless specified otherwise in the Quote. A minimum of two-week prior notice is required to schedule site startups and will be subject to prior commitments and equipment and travel availability. A signed site check sheet confirming readiness will be required, and Cummins personnel may perform an installation audit prior to the startup being completed. Any issues identified by the installation audit shall be corrected at the Customer's expense prior to the start-up. Portable load banks for site test (if offered in the Quote) are equipped with only 100 feet of cable. Additional lengths may be arranged at an extra cost. Cummins is not responsible for any labor or materials charged by others associated with start-up and installation of Equipment, unless previously agreed upon in writing. Supply of fuel for start-up and/or testing, fill-up of tank after start up, or change of oil is not included unless specified in the Quote. All installation/execution work at the site including, but not limited to: civil, mechanical, electrical, supply of wall thimbles, exhaust extension pipe, elbows, hangers, expansion joints, insulation and cladding materials, fuel/oil/cooling system piping, air ducts, and louvers/dampers is not included unless specified in the Quote. When an enclosure or sub-base fuel tank (or both) are supplied, the openings provided for power cable and fuel piping entries, commonly referred to as “stub-ups”, must be sealed at the site by others before commissioning. All applications, inspections and/or approvals by authorities are to be arranged by Customer. MANUFACTURER’S WARRANTY. Equipment purchased hereunder is accompanied by an express written manufacturer’s warranty (“Warranty”) and, except as expressly provided in this Agreement, is the only warranty offered on the Equipment. A copy of the Warranty is available upon request. While this Agreement and the Warranty are intended to be read and applied in conjunction, where this Agreement and the Warranty conflict, the terms of the Warranty shall prevail. WARRANTY PROCEDURE. Prior to the expiration of the Warranty, Customer must give notice of a warrantable failure to Cummins and deliver the defective Equipment to a Cummins location or other location authorized and designated by Cummins to make the repairs during regular business hours. Cummins shall not be liable for towing charges, maintenance items such as oil filters, belts, hoses, etc., communication expenses, meals, lodging, and incidental expenses incurred by Customer or employees of Customer, "downtime" expenses, overtime expenses, cargo damages and any business costs and losses of revenue resulting from a warrantable failure. LIMITATIONS ON WARRANTIES THE REMEDIES PROVIDED IN THE WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. The limited warranty does not cover Equipment failures resulting from: (a) inappropriate use relative to designated power rating; (b) inappropriate use relative to application guidelines; (c) inappropriate use of an EPA-SE application generator set relative to EPA’s standards; (d) normal wear and tear; (e) improper and/or unauthorized installation; (f) negligence, 28 accidents, or misuse; (g) lack of maintenance or unauthorized or improper repair; (h) noncompliance with any Cummins published guideline or policy; (i) use of improper or contaminated fuels, coolants, or lubricants; (j) improper storage before and after commissioning; (k) owner’s delay in making Equipment available after notification of potential Equipment problem; (l) replacement parts and accessories not authorized by Cummins; (m) use of battle short mode; (n) owner or operator abuse or neglect such as: operation without adequate coolant, fuel, or lubricants; over fueling; over speeding; lack of maintenance to lubricating, fueling, cooling, or air intake systems; late servicing and maintenance; improper storage, starting, warm-up, running, or shutdown practices, or for progressive damage resulting from a defective shutdown or warning device; or (o) damage to parts, fixtures, housings, attachments and accessory items that are not part of the generating set. INDEMNITY. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Equipment supplied under this Agreement (collectively, the “Claims”), where such Claims were caused or contributed to by, in whole or in part, the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer’s expense. LIMITATION OF LIABILITY NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, ENHANCED DAMAGES, MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY, AND/OR DAMAGES CAUSED BY DELAY) IN ANY WAY RELATED TO OR ARISING FROM CUMMINS’ SUPPLY OF EQUIPMENT UNDER THIS AGREEMENT OR THE USE OR PERFORMANCE OF EQUIPMENT SUPPLIED UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF EQUIPMENT SUPPLIED BY CUMMINS UNDER THIS AGREEMENT GIVING RISE TO THE CLAIM. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN EVEN IF THE EXCLUSIVE REMEDY UNDER THE WARRANTY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DEFAULT; REMEDIES. Customer shall be in breach and default if: (a) any of the payments or amounts due under this Agreement are not paid; (b) Customer fails to comply, perform, or makes any misrepresentation relating to any of the Customer's obligations or covenants under this Agreement; or (c) prior to full payment of the balance due, Customer ceases to do business, becomes insolvent, makes an assignment for the benefit of its creditors, appoints a receiver, commences an action for dissolution or liquidation, or becomes subject to bankruptcy proceedings, or the Equipment is attached, levied upon, seized under legal process, is subjected to a lien or encumbrance, or transferred by operation of law or otherwise to anyone other than Cummins. Upon the occurrence of any event of Customer's default, Cummins, at its sole option and without notice, shall have the right to exercise concurrently or separately any one or all of the following remedies, which shall be cumulative and not alternative: (a) to declare all sums due, and to become due, under this Agreement immediately due and payable; (b) to commence legal proceedings, including collection actions and specific performance proceedings, to enforce performance by Customer of any and all provisions of this Agreement, and to be awarded damages or injunctive relief for the Customer's breach; (c) to require the Customer to deliver the Equipment to Cummins' branch specified on the face of this Agreement; (d) to exercise one or more of the rights and remedies available to a secured party under applicable law; and(e) to enter, without notice or liability or legal process, onto any premises where the Equipment may be located, using force permitted by law, and there to disconnect, remove and repossess the Equipment, the Customer having waived further right to possession after default. A waiver of any event of default by Cummins shall not be a waiver as to any other or subsequent default. CUSTOMER REPRESENTATIONS; RELIANCE. Customer is responsible for obtaining, at its cost, permits, import licenses, and other consents in relation to the Equipment, and if requested by Cummins, Customer shall make these permits, licenses, and consents available to Cummins prior to shipment. Customer represents that it is familiar with the Equipment and understands operating instructions and agrees to perform routine maintenance services. Until the balance is paid in full, Customer shall care for the Equipment properly, maintain it in good operating condition, repair and appearance; and Customer shall use it safely and within its rated capacity and only for purpose it was designed. Even if Customer’s purchase of Equipment from Cummins under this Agreement is based, in whole or in part, on specifications, technical information, drawings, or written or verbal advice of any type from third parties, Customer has sole responsibility for the accuracy, correctness and completeness of such specifications, technical information, drawings, or advice. Cummins make no warranties or representations respecting the accuracy, correctness and completeness of any specifications, technical information, drawings, advice or other information provided by Cummins. Cummins makes no warranties or representations respecting the suitability, fitness for intended use, compatibility, integration or installation of any Equipment supplied under this Agreement. Customer has sole responsibility for intended use, for installation and design and performance where it is part of a power, propulsion, or other system. Limitation of warranties and remedies and all disclaimers apply to all such technical information, drawings, or advice. Customer acknowledges and agrees by accepting delivery of the Equipment that the Equipment purchased is of the size, design, capacity and manufacture selected by the Customer, and that Customer has relied solely on its own judgment in selecting the Equipment. CONFIDENTIALITY. Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic, or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods, 29 and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents. GOVERNING LAW AND JURISDICTION.This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. The parties agree that the courts of the State of Indiana shall have exclusive jurisdiction to settle any dispute or claim arising in connection with this Agreement. INSURANCE. Upon Customer’s request, Cummins will provide to Customer a Certificate of Insurance evidencing Cummins’ relevant insurance coverage. ASSIGNMENT.This Agreement shall be binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins. INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins’ property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins’ property. Nothing in this Agreement shall be deemed to have given Customer a licence or any other rights to use any of the intellectual property rights of Cummins. MISCELLANEOUS. Cummins shall be an independent contractor under this Agreement. All notices under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in this Agreement. No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. These terms are exclusive and constitute entire agreement. Customer acknowledges that the provisions were freely negotiated and bargained for and Customer has agreed to purchase of the Equipment pursuant to these terms and conditions. Acceptance of this Agreement is expressly conditioned on Customer's assent to all such terms and conditions. Neither party has relied on any statement, representation, agreement, understanding, or promise made by the other except as expressly set out in this Agreement. In the event of a conflict in the terms of this Agreement with any Customer terms or conditions or agreement (whether referenced in an order submitted by Customer as the terms that govern the purchase of the Equipment or otherwise) or any terms set forth in any other documentation of Customer with respect to the Equipment, the terms of this Agreement shall govern. Cummins may incur additional charges which will be passed on to the Customer, as applicable. COMPLIANCE.Customer shall comply with all laws applicable to its activities under this Agreement, including, without limitation, any and all applicable federal, state, and local anti-bribery, environmental, health, and safety laws and regulations then in effect. Customer acknowledges that the Equipment, and any related technology that are sold or otherwise provided hereunder may be subject to export and other trade controls restricting the sale, export, re-export and/or transfer, directly or indirectly, of such Equipment or technology to certain countries or parties, including, but not limited to, licensing requirements under applicable laws and regulations of the United States, the United Kingdom and other jurisdictions. It is the intention of Cummins to comply with these laws, rules, and regulations. Any other provision of this Agreement to the contrary notwithstanding, Customer shall comply with all such applicable all laws relating to the cross-border movement of goods or technology, and all related orders in effect from time to time, and equivalent measures. Customer shall act as the importer of record with respect to the Equipment and shall not resell, export, re-export, distribute, transfer, or dispose of the Equipment or related technology, directly or indirectly, without first obtaining all necessary written permits, consents, and authorizations and completing such formalities as may be required under such laws, rules, and regulations. In addition, Cummins has in place policies not to distribute its products for use in certain countries based on applicable laws and regulations including but not limited to UN, U.S., UK, and European Union regulations. Customer undertakes to perform its obligations under this Agreement with due regard to these policies. Strict compliance with this provision and all laws of the territory pertaining to the importation, distribution, sales, promotion and marketing of the Equipment is a material consideration for Cummins entering into this Agreement with Customer and continuing this Agreement for its term. Customer represents and warrants that it has not and shall not, directly or through any intermediary, pay, give, promise to give or offer to give anything of value to a government official or representative, a political party official, a candidate for political office, an officer or employee of a public international organization or any other person, individual or entity at the suggestion, request or direction or for the benefit of any of the above-described persons and entities for the purposes of inducing such person to use his influence to assist Cummins in obtaining or retaining business or to benefit Cummins or any other person in any way, and will not otherwise breach any applicable laws relating to anti-bribery. Any failure by Customer to comply with these provisions will constitute a default giving Cummins the right to immediate termination of this Agreement and/or the right to elect not to recognize the warranties associated with the Equipment. Customer shall accept full responsibility for any and all civil or criminal liabilities and costs arising from any breaches of those laws and regulations and will defend, indemnify, and hold Cummins harmless from and against any and all fines, penalties, claim, damages, liabilities, judgments, costs, fees, and expenses incurred by Cummins or its affiliates as a result of Customer’s breach. Authorization: I, ______________________________________________________ (printed name) accept the above terms and conditions on behalf of ______________________________________________________(printed company name) and authorize Cummins Southern Plains LLC to order the equipment detailed in this Proposal as per approved submittals and as described in the above Proposal. Accepted By: ______________________________________________________ Authorized Signature Date 30 ______________________________________________________ Company Name ______________________________________________________ Printed Name & Title ______________________________________________________ Purchase Order # or Job Name Reference 31 power.cummins.com ©2019 Cummins Inc. PDA061E859 NAS-6311-EN (11/19) Specification sheet Rental Power 70 kW U.S EPA Tier IV Emissions Description This Cummins Power Generation rental package is a fully integrated mobile power generation system, providing optimum performance, reliability, and versatility for standby and prime power applications. Features Cummins diesel engines • U.S. Tier IV Final and EU SIIIa certified Cummins QSB5-G11 engines which meet emissions limits without the use of a diesel particulate filter (DPF) • Dual speed engine for operation at 50 or 60 Hz • Advanced electronic engine controls with integrated aftertreatment system provide superior fuel efficiency while reducing emissions • High-pressure common rail fuel system reduces engine noise and smoke • Cummins Direct Flow™ air filtration offering improved air management, longer service life, and easier serviceability • 2-stage fuel filtration with optimum particle and water separation Control features • The most advanced, reliable and capable generator set control system on the market today • Controls provide precise frequency and voltage regulation, alarm and status message display in one easy to operate customer interface Stamford alternators • 12-lead reconnectable alternators fitted with voltage selection switch • Permanent magnet excitation for improved performance in non-linear load applications Engine controls • Oil pressure and coolant temperature gauge • Fuel level gauge, Diesel Exhaust Fluid (DEF) level gauge and battery voltage gauge • Digital Hour meter (5-digit read out) • Engine control module includes remote start capability Rental package enclosure • Camlock & busbar distribution panel • Sound attenuated, white powder coated lockable enclosure • 24-hour fuel tank (75% prime) with leak detection sensor • Single wall fuel tank with 110% fluid containment basin • Transport Canada Tank • Roof mounted, single point lift • Cooling system rated for 122 °F (50 °C) at 100% standby ambient • Complete engine fluid containment reservoir • 4 position voltage selector switch (60Hz: 277/480 or 139/240 or 120/208 VAC 3 phase or 120/240 VAC 1 phase). Also first position 50Hz: 230/400 VAC 3 phase) • 2 position voltage selector (60Hz: 277/480 or 347/600 VAC 3 phase). • Shore power (15A/120V) – for coolant heater, battery charger, engine oil heater and battery warmer • Conveniently located analog gauges and heated Human Machine Interface (HMI) display Rental package options • Optional Auxiliary Fuel and DEF connections • DOT approved electric brake trailer with heavy duty center mounted jack, ball or pintle hitch • DOT approved hydraulic brake trailer with heavy duty center mounted jack, ball or pintle hitch Standby Rating Prime Rating Model Voltages 60 Hz kW (kVA) 50 Hz kW (kVA) 60 Hz kW (kVA) 50 Hz kW (kVA) Sound Level Full load at 7m Alternator Model C70D2RE 480-600 Switchable 70 (87) - 63 (78) - 67 dB(A) UCI274D 208/240/480 70 (87) 63 (78) 63 (78) 50 (63) 67 dB(A) UCI224G 32 power.cummins.com ©2019 Cummins Inc. PDA061E859 NAS-6311-EN (11/19) Engine specifications Engine model QSB5-G11 Alternator data sheet UCI Tier rating Tier IV Design 4 cycle, In-Line, turbocharged and after-cooled Bore 107 mm (4.21 in.) Stroke 124.0 mm (4.88 in.) Displacement 4.5 liters (274.6 in3) Cylinder block Cast iron, In-Line 4 cylinder Battery capacity 2 x 760 cca Battery charging alternator 70 amps Starting voltage 24 volt, negative ground Fuel system Direct injection HPCR system Fuel filter Dual Spin on fuel filter with water separator Air cleaner type 2-stage, dry replaceable element with dust ejector Lube oil filter type(s) Single spin-on, full flow Standard cooling system 120 °F (49 °C) ambient radiator Alternator specifications Design Brushless, 4 pole, drip proof revolving field Stator Double layer concentric, 2/3 winding pitch Rotor Singe bearing, flexible disc Insulation system Class H per NEMA MG1-1.65 Standard temperature rise 125/40 ºC prime Exciter type PMG (permanent magnet generator) Phase rotation A (U), B (V), C (W) Alternator cooling Direct drive centrifugal blower fan AC waveform total harmonic distortion < 1.5% no load, < 5% non-distorting balance linear load Telephone influence factor (TIF) < 50 per NEMA MG1-22.43 Telephone harmonic factor (THF) < 2% Power capability specifications (Assume power factor = 0.80 for 3 phase amps) Standby rating 240 V, 1 Phase Amps 60Hz 208 V, 3 Phase Amps 60Hz 480 V, 3 Phase Amps 60Hz 240 V, 3 Phase Amps 60Hz 400 V, 3 Phase Amps 50Hz 600 V, 3 Phase Amps 60Hz C70D2RE 195 243 105 210 114 84 Electrical power panel specifications Model voltage 120 V duplex receptacles 240 V twist Load lug connection (stud diameter) Load lug circuit breakers 120/480 Volt 2 - 20 Amp GFCI 3 - 50 Amp 1/2 inch 400 Amp 480-600 Volt 1/2 inch 150 Amp 33 power.cummins.com ©2019 Cummins Inc. PDA061E859 NAS-6311-EN (11/19) PowerCommand 3.3 Control System An integrated microprocessor based generator set control system providing voltage regulation, engine protection, alternator protection, operator interface and isochronous governing. Refer to document S-1570 for more detailed information on the control. Simplified display for rental operators - simplified display tailored for rental equipment operations for ease of use. Power management – Control function provides battery monitoring and testing features and smart starting control system. Advanced control methodology – Three phase sensing, full wave rectified voltage regulation, with a PWM output for stable operation with all load types. Regulation compliant – Prototype tested: UL, CSA and CE compliant. Service - InPower™ PC-based service tool available for detailed diagnostics, setup, data logging and fault simulation. Easily upgradeable – PowerCommand controls are designed with common control interfaces. Reliable design – The control system is designed for reliable operation in harsh environment. Operator panel features Operator/display functions • 320 x 240 pixels graphic LED backlight LCD • Auto, manual, start, stop, fault reset and lamp test/panel lamp switches • Alpha-numeric display with pushbuttons • LED lamps indicating genset running, remote start, not in auto, common shutdown, common warning, manual run mode, auto mode and stop Alternator data • Line-to-neutral and line-to-line AC volts • 3-phase AC current • Frequency • kW, kVar, power factor kVA (three phase and total) Engine data • DC voltage • Lube oil pressure • Coolant temperature • Comprehensive FAE data (where applicable) Other data • Fault history • Data logging and fault simulation (requires InPower) Standard control functions Digital governing • Integrated digital electronic isochronous governor • Temperature dynamic governing Digital voltage regulation • Integrated digital electronic voltage regulator • 3-phase, 4-wire line-to-line sensing • Configurable torque matching AmpSentry AC protection • AmpSentry protective relay • Over current and short circuit shutdown • Over current warning • Single and three phase fault regulation • Over and under voltage shutdown • Over and under frequency shutdown • Overload warning with alarm contact • Reverse power and reverse var shutdown • Field overload shutdown Engine protection • Battery voltage monitoring, protection and testing • Overspeed shutdown • Low oil pressure warning and shutdown • High coolant temperature warning and shutdown • Low coolant level warning or shutdown • Low coolant temperature warning • Fail to start (overcrank) shutdown • Fail to crank shutdown • Cranking lockout • Sensor failure indication • Full authority electronic engine protection Control functions • Time delay start and cool down • Real time clock for fault and event time stamping • Cycle cranking • Load shed • Remote emergency stop 34 For more information contact your local Cummins distributor or visit power.cummins.com ©2019 Cummins Power Generation Inc. All rights reserved. Cummins is a registered trademark of Cummins Inc. PowerCommand, AmpSentry, InPower and “Our energy working for you.” are trademarks of Cummins Inc. Other company, product, or service names may be trademarks or service marks of others. Specifications are subject to change without notice. PDA061E859 NAS-6311-EN (11/19) Ratings definitions Standby: Applicable for supplying emergency power for the duration of normal power interruption. No sustained overload capability is available for this rating. (Equivalent to Fuel Stop Power in accordance with ISO3046, AS2789, DIN6271 and BS5514). Nominally rated. Prime (unlimited running time): Applicable for supplying power in lieu of commercially purchased power. Prime power is the maximum power available at a variable load for an unlimited number of hours. A 10% overload capability is available for limited time. (Equivalent to Prime Power in accordance with ISO8528 and Overload Power in accordance with ISO3046, AS2789, DIN6271, and BS5514). Dimensions Model Dim “A” mm (in.) Dim “B” mm (in.) Dim “C” mm (in.) Weight w/o fuel kg (lbs.) ** Weight with fuel kg (lbs.) ** Fuel capacity liters (gal)* C70D2RE 3063 (121) 1262 (50) 1953 (77) 2522 (5560) 2976 (6560) 495 (131) With trailer 4798 (189) 2106 (83) 2444 (96) 3221 (7100) 3674 (8100) 495 (131) * Onboard DEF capacity is sized for 24 hours of operation at 10 gallons ** Weights are CAD determined & within +/- 2% Fuel consumption Standby Prime 60 Hz Ratings, kW (kVA) 70 (87) 63 (78) Hours of operation Load ¼ ½ ¾ Full ¼ ½ ¾ Full 75% PRP US Gal/hr. 2.3 4.0 5.9 8.0 2.1 3.8 5.3 7.2 27 L/hr. 8.7 15.1 22.3 30.3 7.9 14.4 20.1 27.3 27 Note: DEF consumption less than 4% of fuel consumption ** Fuel consumption number are conservative pending final test. Trailer information Model Tire size Tire type Load range Number of tires per trailer Lug pattern C70D2RE 225/75-R15 Radial 2535 lbs. - each 4 8 hole Certifications These generator sets are certified to following standards: CAN/CSA STD C22.2 NO. 100 CAN/CSA STD C22.2 NO. 14 C B A 35 ECO-180946 Sheet 1 of 5 Part Name: A058E446 Revision: C Drawing Name: A058E447 Revision: C CKD FIRST USED ONFOR INTERPRETATION OF DIMENSIONING AND TOLERANCING, SEE APVD DWNSIM TOUNLESS OTHERWISE SPECIFIED, ALL DIMENSIONS ARE IN MILLIMETERS 17.50-24.99 +0.30/-0.13 10.00-17.49 +0.25/-0.13 5.00- 9.99 +0.20/-0.10 0.00- 4.99 +0.15/-0.08 DIMHOLEANG TOL DO NOT SCALE PRINT SCALE SITE CODE C UMMINS P OWER G ENERATION SIZE DWG D DATE A058E446 6 5 4 3 2 1 D C B A 6 5 4 3 2 1 D C B A PTC Creo ParametricRR THIS DOCUMENT (AND THE INFORMATION SHOWN THEREON) IS CONFIDENTIAL AND PROPRIETARY AND SHALL NOT BE DISCLOSED TO OTHERS IN HARD COPY OR ELECTRONIC FORM, REPRODUCED BY ANY MEANS, OR USED FOR ANY PURPOSE WITHOUT WRITTEN CONSENT OF CUMMINS INC. R OF CAD SHEET 1 4 NOREVREL NO DATEAPVDCKDDWNREVISION 618.3 24[] 25.4 1[] 1821.2 72[] 176.8 7[] 33.3 1.3[] 625 24.6[] 1216.7 47.9[] 1250 49.2[] 1877 74[] 1953.2 77[] 1291.2 51[] 831.2 33[] 1745.6 69[] 1242 49[] 728.7 29[] 3050 [120] 44.4 [2] 2549.3 [100] 3005.5 [118] 1133.8 [45] 770 [30] 81 [4] GENSET CONTROL 1223.7 48[] 1X # 0.8 .X # 0.38 .XX # 1.0 1/16 C100D2REASME Y14.5-2009 01AUG17 N_BAPAT M_KELL Y_NICHIT OUTLINE,GENSET ECO-180946 C 1 UPDATE CONTROL BOX DMC TLD J_KRUSE 23OCT18 2 UPDATE GPS DMC TLD J_KRUSE 23OCT18 3 UPDATE ENCLOSURE DMC TLD J_KRUSE 23OCT18 4 ADD C100 & C70 600V TO TABLE. ZONE C2.DMC TLD J_KRUSE 23OCT18 5 SEE SHEET 4 DMC TLD J_KRUSE 23OCT18 PGF . GENSET MASS SKID MOUNTED TRAILER MOUNTED TONGUE WEIGHT C100 & C70 FULL FEATURED WITH FUEL 2976 KG [6560 LBS] 3674 KG [8100 LBS] 295 KG [650 LBS] WITHOUT FUEL 2522 KG [5560 LBS] 3221 KG [7100 LBS] 286 KG [630 LBS] C100 & C70 600V FULL FEATURED WITH FUEL 2976 KG [6560 LBS] 3674 KG [8100 LBS] 338 KG [745 LBS] WITHOUT FUEL 2522 KG [5560 LBS] 3221 KG [7100 LBS] 331 KG [730 LBS] NOTES: 1. DIMENSIONS SHOWN IN [ ] ARE INCHES. 2. M16 X 2 THREADED HOLES MARKED BY ARE PROVISIONS FOR SECURING TO A MOUNTING SURFACE. 3. SINGLE POINT LIFT WILL ACCOMMODATE A n 76.2 [3] LIFTING DEVICE. 4. FLUID CAPACITIES: ENGINE OIL: 10.97 LITERS (11.6 QUARTS) COOLANT: 32 LITERS (8.5 GALLONS) FUEL TANK: 534 LITERS (141 GALLONS) 5. EXHAUST OUTLET DIAMETER: 101.6 [4] SKID MOUNTED GENSET (NO TRAILER) DRY CG SINGLE POINT LIFT SEE NOTE 3 SIDE AIR INLET 5 OPENINGS EACH SIDE SEE DETAIL A 2X 244 [9.6] X 117 [4.6] FORK LIFT OPENINGSREAR AIR INLET 4 OPENINGS 3" NPT RUPTURE BASIN DRAIN AFTER TREATMENT COMPARTMENT ACCESS DOOR HOT PARTS INSIDE RADIATOR FILL ACCESS EXHAUST GAS OUTLET SEE DETAIL C DETAIL C SCALE 1/4 RADIATOR FILL ACCESS COVER REMOVED SEE DETAIL A 36 ECO-180946 Sheet 2 of 5 Part Name: A058E446 Revision: C Drawing Name: A058E447 Revision: C CKD FIRST USED ONFOR INTERPRETATION OF DIMENSIONING AND TOLERANCING, SEE APVD DWNSIM TOUNLESS OTHERWISE SPECIFIED, ALL DIMENSIONS ARE IN MILLIMETERS 17.50-24.99 +0.30/-0.13 10.00-17.49 +0.25/-0.13 5.00- 9.99 +0.20/-0.10 0.00- 4.99 +0.15/-0.08 DIMHOLEANG TOL DO NOT SCALE PRINT SCALE SITE CODE C UMMINS P OWER G ENERATION SIZE DWG D DATE A058E446 6 5 4 3 2 1 D C B A 6 5 4 3 2 1 D C B A PTC Creo ParametricRR THIS DOCUMENT (AND THE INFORMATION SHOWN THEREON) IS CONFIDENTIAL AND PROPRIETARY AND SHALL NOT BE DISCLOSED TO OTHERS IN HARD COPY OR ELECTRONIC FORM, REPRODUCED BY ANY MEANS, OR USED FOR ANY PURPOSE WITHOUT WRITTEN CONSENT OF CUMMINS INC. R OF CAD SHEET 2 4 NOREVREL NO DATEAPVDCKDDWNREVISION 152.4 6[] 152.4 6[] 207.3 8[] 207.3 8[] 3403.6 134[] 3403.6 134[] 1371.6 54[] 1371.6 54[]2105.7 83[] 1908.1 75[] 1908.1 75[] 184.15 7.3[] 184.15 7.3[] 401.9 16[] 401.9 16[] 758.6 30[] 758.6 30[] 914.8 36[] 4602.9 181[] 4602.9 181[] 171.5 7[] 171.5 7[] 585.7 23[] 585.7 23[] [3] TOW EYE 60 2[] 80 3.2[] GENSET CONTROL 1712.5 67[] GENSET CONTROL 1712.5 67[] 120 4.7[] 123 4.8[] 1X # 0.8 .X # 0.38 .XX # 1.0 1/16 C100D2REASME Y14.5-2009 01AUG17 N_BAPAT M_KELL Y_NICHIT OUTLINE,GENSET ECO-180946 C -------------------DMC MJK J_KRUSE 23OCT18 PGF . SEE DETAIL B DOCUMENT HOLDER EMERGENCY BRAKE BATTERY CHECK SEE DETAIL F DETAIL A SCALE 1/4 AUXILIARY FUEL CONNECTION (IF AVAILABLE) FUEL SUCTION 1 1/16-12 UNF-2B MALE 37 $ FLARE DEF IN 9/16-18 UNF-2B MALE 37 $ FLARE AUX DEF POWER FUEL RETURN 3/4-16 UNF-2B MALE 37 $ FLARE DETAIL B SCALE 5/16 COVER PLATE SEE DETAIL F 37 ECO-180946 Sheet 3 of 5 Part Name: A058E446 Revision: C Drawing Name: A058E447 Revision: C CKD FIRST USED ONFOR INTERPRETATION OF DIMENSIONING AND TOLERANCING, SEE APVD DWNSIM TOUNLESS OTHERWISE SPECIFIED, ALL DIMENSIONS ARE IN MILLIMETERS 17.50-24.99 +0.30/-0.13 10.00-17.49 +0.25/-0.13 5.00- 9.99 +0.20/-0.10 0.00- 4.99 +0.15/-0.08 DIMHOLEANG TOL DO NOT SCALE PRINT SCALE SITE CODE C UMMINS P OWER G ENERATION SIZE DWG D DATE A058E446 6 5 4 3 2 1 D C B A 6 5 4 3 2 1 D C B A PTC Creo ParametricRR THIS DOCUMENT (AND THE INFORMATION SHOWN THEREON) IS CONFIDENTIAL AND PROPRIETARY AND SHALL NOT BE DISCLOSED TO OTHERS IN HARD COPY OR ELECTRONIC FORM, REPRODUCED BY ANY MEANS, OR USED FOR ANY PURPOSE WITHOUT WRITTEN CONSENT OF CUMMINS INC. R OF CAD SHEET 3 4 NOREVREL NO DATEAPVDCKDDWNREVISION 434.54 17.1[]1073.26 42.3[] 1X # 0.8 .X # 0.38 .XX # 1.0 1/16 C100D2REASME Y14.5-2009 01AUG17 N_BAPAT M_KELL Y_NICHIT OUTLINE,GENSET ECO-180946 C ------------------DMC MJK J_KRUSE 23OCT18 PGF . VIEW SHOWN WITH ENCLOSURE ROOF REMOVEDDIRECT FLOW AIR FILTER ACCESS COVER VIEW SHOWN WITH SERVICE ACCESS DOOR REMOVED AUXILIARY FUEL VALVE COOLANT HEATER VIEW SHOWN WITH ENGINE SERVICE DOOR AND LIFTING POST REMOVED SEE DETAIL D DEF PUMP DEF TANK ENGINE OIL FILL ENGINE OIL LEVEL CHECK SECONDARY FUEL FILTER PRIMARY FUEL FILTER ENGINE OIL FILTER DECOMPOSITION REACTION TUBE SEE DETAIL E OIL DRAIN 1/2 NPT FEMALE DIRECT FLOW AIR FILTER FUEL FILL SELECTIVE CATALYTIC REDUCER DIESEL OXIDATION CATALYST TAIL PIPERPM SYSTEM DETAIL F SCALE 1/4 GPS FEATURE (IF AVAILABLE) SEE DETAIL E SEE DETAIL D 38 ECO-180946 Sheet 4 of 5 Part Name: A058E446 Revision: C Drawing Name: A058E447 Revision: C CKD FIRST USED ONFOR INTERPRETATION OF DIMENSIONING AND TOLERANCING, SEE APVD DWNSIM TOUNLESS OTHERWISE SPECIFIED, ALL DIMENSIONS ARE IN MILLIMETERS 17.50-24.99 +0.30/-0.13 10.00-17.49 +0.25/-0.13 5.00- 9.99 +0.20/-0.10 0.00- 4.99 +0.15/-0.08 DIMHOLEANG TOL DO NOT SCALE PRINT SCALE SITE CODE C UMMINS P OWER G ENERATION SIZE DWG D DATE A058E446 6 5 4 3 2 1 D C B A 6 5 4 3 2 1 D C B A PTC Creo ParametricRR THIS DOCUMENT (AND THE INFORMATION SHOWN THEREON) IS CONFIDENTIAL AND PROPRIETARY AND SHALL NOT BE DISCLOSED TO OTHERS IN HARD COPY OR ELECTRONIC FORM, REPRODUCED BY ANY MEANS, OR USED FOR ANY PURPOSE WITHOUT WRITTEN CONSENT OF CUMMINS INC. R OF CAD SHEET 4 4 NOREVREL NO DATEAPVDCKDDWNREVISION 1X # 0.8 .X # 0.38 .XX # 1.0 1/16 C100D2REASME Y14.5-2009 01AUG17 N_BAPAT M_KELL Y_NICHIT OUTLINE,GENSET ECO-180946 C 5 RMV NOTE HMI SERVICE TOOL. ZONE C2.DMC MJK J_KRUSE 23OCT18 PGF . LUG CONNECTIONS CAM LOCK CONNECTIONS DETAIL E SCALE 1/4 DISTRIBUTION PANEL LOAD TERMINAL CONNECTIONS (IF AVAILABLE) NAMEPLATE RECEPTACLE BREAKERS 2X 120V 20 AMP RECEPTACLES COOLANT HEATER 3X 240V 50 AMP RECEPTACLES CIRCUIT BREAKER GENSET CONTROL DETAIL D SCALE 1/4 USER INTERFACE REMOTE START AND REMOTE STOP PANEL PCC SERVICE TOOL PARALLELING CONNECTORS BATTERY CHARGER BATTERY WARMER OIL HEATER FUEL LEVEL BATTERY VOLTAGE HOUR METER DEF LEVEL OIL PSI COOLANT TEMPERATURE EMERGENCY STOP BUTTON LUG CONNECTIONS CAM LOCK CONNECTIONS 39 ECO-180946 Sheet 5 of 5 Part Name: A058E446 Revision: C Drawing Name: A058E447 Revision: C Part A058E446 C Part Specifications :A058E446 C Description Legacy Name External Regulations Application Status Release Phase Code Security Classification Alternates OUTLINE,GENSET A058E446 No External Regulations Apply Production Only Production Internal use Only Name Description Legacy Name A030B356 SPECIFICATION,MATERIAL CES10903 A058E447 DRAWING,ENGINEERING A058E447 40 City of The Colony Parks & Recreation Dept. Memo To: Mayor and City Council From: Lindsey Stansell, Special Events Supervisor CC: Brian Blythe, Facilities Manager David Swain, Recreation Manager Pam Nelson, Community Services Director Troy Powell, City Manager Date: 9/2/2020 Re: 50/60Hz-70kW Generator Purchase CIP funds have been approved in the 2019-2020 budget for the purchase of a 50Kw mobile generator for the Wastewater and Parks & Recreation Departments. After discussions with Facility Maintenance for the purchase of the generators, it was found that it would be best for both departments to purchase a single larger generator together. The joint funding will allow for a larger generator (50/60Hz-70kW) to be purchased that will be able to sufficiently power multiple event needs, fully support the lift stations and purchase the cables and connections needed for both departments. In addition, it was found that in order to ensure the proper functionality of the mobile generator it would need to be used, not just turned on for maintenance, at least once per month. The special events usage would fulfill that required monthly usage at events, whereas the Waste Water Department only needs the generator in case of emergency. It is understood that any emergencies where Wastewater would need the generator would take precedence over any event needs. See narratives below from the respective departments:  Currently the city owns a 20+ year old 50Kw mobile generator used by the Wastewater Department in case of an emergency at one of the lift stations. However, the generator is not reliable and has been costing $10-$15K for parts and maintenance each year. In order to ensure that the generator is available for Wastewater lift stations a new generator is necessary.  The Parks & Recreation Department currently does not own a large generator that is capable of powering the items at many of our events (city stage, bounce houses, food vendors, etc). All generators that are used are rented. The cost of this generator includes additional cords and boxes needed to function properly at events. We currently spend approximately $5,500 per year renting generators (which would largely be a cost savings if we owned our own generator). If we owned a generator, this would allow us to add additional elements at our special events, as well as hold events in parks/locations that we haven't been able to before due to lack of power. The purchase of this 50/60Hz-70kW generator through Cummins Southern Plains, LLC is being done so through a cooperative purchasing agreement with Sourcewell/NJPA-Cummins Contract #: 120617- CMM, The Colony Sourcewell/NJPA Member #: 30787. 41 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020 - ______ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO CUMMINS SOUTHERN PLAINS, LLC FOR THE PURCHASE OF A 50/60Hz-70kW GENERATOR FOR THE PARKS AND RECREATION AND WASTEWATER DEPARTMENTS; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the City Manager to issue a purchase order to Cummins Southern Plains, LLC in the amount of $62,157.00 for a 50/60Hz-70kW generator to be shared by the Parks and Recreation and Wastewater Departments. Section 2. That the City Manager or his designee authorized to issue said purchase orders. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 15th day of September, 2020. ______________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ________________________________ Tina Stewart, TRMC, City Secretary APPROVED AS TO FORM: ________________________________ Jeff Moore, City Attorney 42 Agenda Item No:4.4 CITY COUNCIL Agenda Item Report Meeting Date: September 15, 2020 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute an agreement with Carollo Engineers, Inc. in the amount of $78,115.00 for the purpose of providing engineering services for a water system study to evaluate and recommend ways to mitigate the cause of taste and odor complaints. (Arthur) Suggested Action: PENDING CONTRACT - under review! ts Attachments: Exhibit A - Scope of Services.pdf Exhibit B - Work Schedule.pdf Professional Services Agreement - Water Quality Improvement Study Automated Distribution Flushing Monitoring - Carollo.doc Res. 2020-xxx Carollo Engineering Water Study Agreement.doc 43 44 45 46 47 48 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 1 STATE OF TEXAS §CITY OF THE COLONY,TEXAS §AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF DENTON § This Agreement for Professional Services (“Agreement”) is made by and between the City of The Colony, Texas, a municipal corporation located in Denton County, Texas (“City”), and Carollo Engineers, Inc. (“Professional”) (individually, each a “Party” and collectively, “Parties”), acting by and through the Parties’ authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services for City for Water Quality Improvement Study for Treatment & Automated Distribution Flushing & Monitoring (“Project”) in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: Article I Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional’s profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing that it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 The term of this Agreement shall begin on the last date of execution hereof by all parties hereto (the “Effective Date”) and shall continue until completion of the services provided by Professional to City under this Agreement. 2.2 Professional may terminate this Agreement by giving thirty (30) days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. 49 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 2 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in “Exhibit A”, attached hereto and incorporated herein by reference, entitled “Scope of Services. In case of conflict with the language of “Exhibit A” and the provisions of this Agreement, the provisions of this Agreement shall control. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. 3.3 Schematic Design Documents, Design Development Documents, Contract Documents, Drawings, Plans, Specifications and other documents, including those in electronic form, prepared by Professional and its consultants, agents, representatives, and/or employees in connection with the Project (“Project Documents”) are intended for the use and benefit of City. Professional and its consultants, agents, representatives, and/or employees shall be deemed the authors of their respective part of said Project Documents. Notwithstanding the foregoing, City shall own, have, keep and retain all rights, title and interest in and to all Project Documents, including all ownership, common law, statutory, and other reserved rights, including copyrights, in and to all such Project Documents, whether in draft form or final form, which are produced at City’s request and in furtherance of this Agreement or for the Project. City shall have full authority to authorize contractor(s), subcontractors, sub-subcontractors, City consultants, and material or equipment suppliers to reproduce applicable portions of the Project Documents to and for use in their execution of the work or for any other purpose. All materials and reports prepared by Professional in connection with this Agreement are “works for hire” and shall be the property of City. Professional shall, upon completion of the services provided under this Agreement, or upon earlier termination of this Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by Professional pursuant to this Agreement, and shall provide same in electronic format if requested by City. Any re-use of the Project Documents by the City on any other project not contemplated or included under this Agreement shall be at the City’s sole risk, without liability to Professional. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in “Exhibit A”, “Scope of Services”, in accordance with a work schedule established by City (the “Work Schedule”), which is attached hereto and incorporated as “Exhibit B”. 50 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 3 4.2 In the event Professional’s performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional’s request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five (5) business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Article V Compensation and Method of Payment 5.1 City shall pay Professional as more specifically set forth in “Exhibit A” by payment of a fee not to exceed $78,115.00. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period, the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional’s approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in “Exhibit A”. 5.5 Nothing contained in this Agreement shall require City to pay for any services that is unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City 51 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 4 shall pay Professional compensation for such services at mutually agreed upon charges or rates, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of The Colony and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. 6.5 City shall furnish Professional available studies, reports and other data pertinent to Professional’s services; obtain or authorize Professional to obtain or provide additional reports and data as required; furnish to Professional services of others required for the performance of Professional's services hereunder, and Professional shall be entitled to use and rely upon all such information and services provided by City or others in performing Professional's services under this Agreement. 6.6 City shall arrange for access to and make all provisions for Professional to enter upon public and private property as required for Professional to perform services hereunder. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional’s services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional 52 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 5 to devote his full-time services to City, or dictate Professional’s sequence of work or location at which Professional performs Professional’s work, except as may be set forth in “Exhibit A”. 7.2 Professional shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, plans, and other services furnished by Professional under this Agreement. Professional shall, without additional compensation, correct or revise any errors or deficiencies in the Project Documents and other services provided under this Agreement. Neither City’s review, approval, nor acceptance of, nor payment for any of, the services provided under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement, and Professional shall be and remain liable to City in accordance with applicable law for all damages to City to the extent caused by Professional’s negligent performance of any of the services furnished under this Agreement. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of The Colony, Texas Attention: Troy C. Powell, City Manager 6800 Main Street The Colony, Texas 75056 A.Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and $1,000,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B.Workers’ Compensation insurance with statutory limits; and Employers’ Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C.Business Automobile Liability insurance covering owned, hired and non- owned vehicles, with a minimum combined bodily injury and property damage limit of $1,000,000 per occurrence. D.Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become 53 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 6 legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of $2,000,000 per claim, $2,000,000 annual aggregate. NOTE:If the insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A.A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. B.The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader . C.All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or reduction in coverage of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 54 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 7 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings, written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 10.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City:With Copy to: Troy C. Powell Ron Hartline, P.E. City Manager Director of Engineering 55 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 8 City of The Colony City of The Colony 6800 Main Street 6800 Main Street The Colony, Texas 75056 The Colony, Texas 75056 If intended for Professional: Scott Hoff Carollo Engineers, Inc. 14785 Preston Rd. Suite 950 Dallas, TX 75254 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional’s Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY’S FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL’S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL’S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL 56 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 9 SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. PROFESSIONAL SHALL NOT BE RESPONSIBLE FOR LOSS OF ANTICIPATED PROFITS OR FOR ECONOMIC, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO CITY OR ANY THIRD PARTY ARISING OUT OF BREACH OF CONTRACT, TERMINATION, OR ANY OTHER REASON WHATSOEVER. 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional’s obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional’s nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information.Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional’s obligations in accordance with this Agreement, which is of a confidential, non- public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional’s own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, “Confidential Information” means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilations, studies or other documents, whether prepared by Professional or others, which contain or otherwise reflect such information. The term “Confidential Information” shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies.No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy 57 CITY OF THE COLONY, TEXAS, PROFESSIONAL SERVICES AGREEMENT – Page 10 shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. EXECUTED this _______ day of _____________________, 2020. City of The Colony, Texas By: City Manager Attest: City Secretary EXECUTED this _______ day of _____________________, 2020. Professional By: Name: ____________________________________ Title: ____________________________________ Attest: 58 Exhibit A Scope of Services 59 Exhibit B Work Schedule 60 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2020 -_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO CAROLLO ENGINEERS, INC., FOR THE PURPOSE OF PROVIDING ENGINEERING SERVICES FOR A WATER SYSTEM STUDY TO EVALUATE AND RECOMMEND WAYS TO MITIGATE THE CAUSE OF TASTE AND ODOR COMPLAINTS; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Council of the City of The Colony, Texas, has duly reviewed and considered the agreement by and between the City of The Colony and Corollo Engineers, Inc. for the purpose of providing engineering services for a water system study to evaluate and recommend ways to mitigate the cause of taste and odor complaints. Section 2. That this agreement is found to be acceptable and in the best interest of the City and its citizens, and the City Manager is hereby authorized to execute the agreement on behalf of the City of The Colony, Texas, with the terms and conditions as stated therein. Section 3. That with this Amendment the City of The Colony is agreeing to pay the sum not to exceed $78,115.00 for such work. Section 4.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 15 th day of September 2020. __________________________ Joe McCourry, Mayor City of The Colony, Texas ATTEST: ________________________________ Tina Stewart, TRMC, City Secretary 61 APPROVED AS TO FORM: __________________________________ Jeff Moore, City Attorney 62 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: September 15, 2020 Submitted by: David Cranford Submitting Department: Finance Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution amending the Fiscal Year 2019-2020 Master Fee Schedule for the Fiscal Year 2020-2021, effective October 1st 2020. (Miller) Suggested Action: Attachments: Res. 2020-xxx 2020-2021 Master Fee Schedule.doc Preliminary Master Fee Schedule 2020_2021.pdf 63 Page 1 69248 RESOLUTION NO. 2020 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING RESOLUTION NO. 2019-73, ADOPTION OF THE MASTER FEE SCHEDULE, AMENDING THE MASTER FEE SCHEDULE, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS ATTACHMENT “A”; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of The Colony adopted the Master Fee Schedule for Fiscal Year 2019-2020 by Resolution No. 2019-73, passed and approved on the 17th day of September 2019; and WHEREAS, the City desires to amend the 2020-2021 Master Fee Schedule, providing for new fees and fee amendments for the City; and WHEREAS, after consideration and review, the City Council finds that Resolution No. 2019-72, as amended is the new Master Fee Schedule, which is attached hereto and incorporated herein as Attachment “A,” be adopted to provide fees for the City of The Colony. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. That Resolution No. 2019-73, as amended by Attachment “A”, be incorporated as the Master Fee Schedule. Section 2. That all provisions of any resolution of the City Council of the City of The Colony in conflict with the provisions of this resolution be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this resolution shall remain in full force and effect. Section 3. This Resolution shall become effective on October 1, 2020, from and after its passage, as the law and charter in such cases provide. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 15th day of September 2020. _____________________________ Joe McCourry, Mayor City of The Colony, Texas 64 Page 2 69248 ATTEST: _____________________________ Tina Stewart, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney 65 October 1, 2020 - September 30, 2021 Master Fee Schedule 66 Donation Box - Relocation Permit Fee Not Required as of 10/01/15 Newspaper Box Newspaper Box - Annual Permit Fee Not Required as of 10/01/15 Newspaper Box - Relocation Fee Not Required as of 10/01/15 Annual Permits Donation Box Donation Box - Annual Permit Fee Not Required as of 10/01/15 Rental Registration & Inspection - Suspended at this time Rental Registration - Suspended at this time $5 per unit annually Rental Inspection - per unit inspected - Program Suspended First Inspection = $50 Follow-up re-inspection = no fee Third re-inspection = $100 Fourth re-inspection = $250 Fifth and subsequent re-inspections = $500 each Late Rental Registration - Program Suspended $10 per unit Late Rental Inspection - Program Suspended $100 per unit Commercial & Multi-Family Permits (NEW CONSTRUCTION) Commercial Building Permit Valuation and fee determined per the "Square Foot Construction Costs" table provided each August by the International Code Council with a permit fee multiplier of 0.0090 (See Page 13) Rental Inspection - per unit inspected - (Multi-Family) - Program Suspended First Inspection = $5 Follow-up re-inspection = no fee Third re-inspection = $100 Fourth re-inspection = $250 Fifth and subsequent re-inspections = $500 each Commercial Cell Tower $100 Flagpole Installation (over 20' in height)$50 Demolition $75 New Residential Home Permits (NEW CONSTRUCTION) Residential Building Permit $1.01 PER SQUARE FOOT Other Building Permits Accessory Structure $0.159 per sq ft (minimum $50) Remodel, Addition or Finish Out $0.159 per sq ft (minimum $50) Temporary Commercial Structure $100 Manufactured Home Inspection $275 Manufactured / Modular Home Moving Permit $100 1 67 Other Building Permits (con't) Re-roofing - Multi-Family / Commercial $10 per $1,000 value ($100 minimum) Re-roofing - Single Family (replace decking)$75 Work Performed without a Permit Schedule fee doubled Re-inspection $75 Same Day Inspection (At the discretion of the Building Official. During Business Hours.$50 per hour (2 hour maximum) Commercial Tree Removal $50.00 + $100.00 for each protected tree to be removed Other required permits not specifically listed $10 per $1,000 value ($100 minimum) Miscellaneous Archiving Fee $5 per page Organization Event Sign Permit $15 each Tent, Bounce House, Climbing Wall $50 each Small Copies (up to 8 1/2" X 14")$.10 per page After Hours Inspection (At the discretion of the Building Official.)$100 per hour (2 hour maximum) Holiday Inspection (At the discretion of the Building Official, includes weekends in conjunction with holidays.)$200 per hour (2 hour maximum) Special Event Permit $25 each Electric Permit Electrical Permit $10.00 for every $1,000 value ($100 minimum) Temporary Power Pole $50 Fencing/Retaining Wall Permit Copies (11" X 17" or greater)$.50 per page Color Copies larger than 11" X 17"$1 per square foot Building Permits Mechanical Permit $10.00 for every $1,000 value ($100 minimum) Plumbing Permit Annual Backflow Inspection Report $50 per device annually Backflow Repair / Replacement Permit $75 Fence 1 lot: $50 Subdivision: $50.00 plus $0.25 per linear foot Retaining Wall $75 Mechanical Permit Spray Park / Splash Zone $200 Hot Tub or Spa $150 New Lawn Sprinkler System & Backflow Test $125 Plumbing Permit $10.00 for every $1,000 value ($100 minimum) Pool/Spa Permit In Ground / Above Ground Swimming Pool $200 2 68 Sign Permit Banner Sign 0 - 29.99 sq ft = $30 30 - 48 sq ft - $45 Inflatable Sign $45 Billboard - Registration $75 Billboard - Annual Renewal $150 Sign Permit 0 - 24,99 sq ft = $30 25 - 49.99 sq ft = $45 50 - 99.99 sq ft = $60 100 - 299.99 sq ft = $125 300 - 399.99 sq ft = $200 400 - sq ft and up = $300 Signage license agreement review $100 Building Plan Review Accessory Structure $50 or 25% of building permit fee, whichever is greater Remodels $50 or 25% of building permit fee, whichever is greater Commercial Plan Review 25% of building permit fee Certificate of Occupancy Certificate of Occupancy $75 Temporary Certificate of Occupancy $75 Operating a business without a C of O Scheduled fee doubled Sign Plan Review $20 Plan Amendment Fee $100 Contractor License / Registration General Contractor**$75 per registration annually Multi-Family Plan Review 25% of building permit fee Application Fee / Non-Refundable Plan Review Fee (to be paid at time of application)$50 Residential Plan Review $100 Fire Re-Inspection $75 for the first $150 for the second Storage Tanks Above Ground - $100 Underground - $150 **General Contractor shall include, but not to be limited to, the following contractors: commercial, residential, moving, pool, fence, sign, demolition, foundation, remodeling, etc. Fire Plan Review / Permit State Mandated Fire Inspection $75 Foster Care & Group Home - Annual Fire Inspection $50 Fire Line Permit $225 Fire Alarm Permit Fee (Based on the number of signal initiating devices) 1 - 25 devices = $150 26 - 50 devices = $200 51 - 75 devices = $250 76 - 100 devices = $325 101 devices = $350 +$.75 per device over 100 3 69 Fire Plan Review / Permit (con't) Fire Sprinkler Permit (Based on the number of sprinkler heads) 1 - 100 sprinkler heads = $175 101 - 200 sprinkler heads = $200 201 - 300 sprinkler heads = $225 301 - 400 sprinkler heads = $250 401 - 500 sprinkler heads = $300 over 500 sprinkler heads = $250 + $.25 per sprinkler over 500 Vent Hood Permit $100 - first hood $50 - each additional Working without a permit Double permit fee Special Locks $100 Fire Panel Replacement Only $100 Fire Plan Review $175 Plan Review Re-submittal $200 Combine MUZ, NSV, and Irrigation $35 + Mitigation Fees Renewal Permits $20 Zoning Annexation Newspaper Notice Cost ($400 minimum) Shoreline Mitigation Fees MUZ Permit $20 Narrow Shoreline Variance Permit $25 + Mitigation Fees Irrigation Permit $20 PD Amendment $375 Site Plan Amendment Review $100 SUP Amendment $375 Annexation Petition $500 Zoning Amendments, Planned Developments, Specific Use Permits, Site Plan 0 - 4.99 acres or portion thereof = $375 5 - 9.99 acres or portion thereof = $650 10 - 24.99 acres or portion thereof = $825 25 - 49.99 acres or portion thereof = $1,000 50 - 99.99 acres or portion thereof = $1,250 100+ acres = $200 + $12 per acre Zoning Verification Letter $50 per property (within 7 business days) $70 per property (within 3 business days) Public Hearing Sign Deposit $35 per sign Permit for Sexually Oriented Business $500 annual permit Special Exception $350 Variance Application $350 Gateway Standards Waiver $350 Platting Preliminary Plat Single Family / Duplex = $375 + $15 per lot Multi-Family / TH = $250 + $144 per acre or portion thereof All others = $250 + $72 per acre or portion thereof Final Plat / Amending Plat Single Family / Duplex = $375.00 + $15.00 per lot Multi-Family / TH = $250 + $144 per acre or portion thereof All others = $250 + $72 per acre or portion thereof 4 70 Conveyance Plat Single Family / Duplex = $375 + $15 per lot Multi-Family / TH = $250 + $144 per acre or portion thereof All others = $250 + $72 per acre or portion thereof General Development Plat $50 per acre or portion thereof Platting (con't) Replat Single Family / Duplex = $375 + $15 per lot Multi-Family / TH = $250 + $144 per acre or portion thereof All others = $250 + $72 per acre or portion thereof Minor Plat $300 + $10 per acre or portion thereof Vacating Plat $250 Water Meter 5/8" Tap & Meter $475 3/4" Tap & Meter $595 Street Address Change/Street Name Change 1 - 5 addresses = $100 6 - 10 addresses = $225 11 + addresses = $400 Plat Extension $100 3" Tap Only $1,625 4" Tap Only $1,895 6" Tap Only $2,415 1" Tap & Meter $730 1.5" Tap & Meter $1,085 2" Tap & Meter $1,200 Tap & Meter fee includes a service connection from main line to meter within (50) feet. Connections greater than fifty $20 per foot Sewer / Fire Line Tap 4" Sewer Tap $570 6" Sewer Tap $865 8" Tap Only $3,210 10" Tap Only $4,270 When a paved road must be bored to make tap $500 6" Fire Line Tap $2,415 8" Fire Line Tap $3,210 10" Fire Line Tap $5,000 8" Sewer Tap $1,410 10" Sewer Tap $2,220 4" Fire Line Tap $1,895 5 71 6" Turbine Meter 8" Compound Meter 8" Turbine Meter $264,480 $130,400 $152,076 $74,980 $132,240 $65,200 $2,480 $1,223 $4,133 $2,038 Water & Sewer Impact (Property final platted after October 1, 2007) * The Tribute Subdivision has a Developer's Agreement authorizing all new fees. NOTE: Turbine meters are for irrigation only. All irrigation meters are only required to pay Water Impact Fees, not Sewer Impact Fees. 5/8" X 3/4" Meter METER SIZE WATER IMPACT FEE SEWER IMPACT FEE 1" Meter $38,400 $37,125 6" Turbine Meter $53,760 $51,975 8" Compound Meter $61,440 $59,400 8" Turbine Meter $13,440 $12,969 4" Compound Meter $19,200 $18,513 4" Turbine Meter $24,192 $23,364 10" Compound Meter $88,320 $85,338 10" Turbine Meter $145,920 $141,075 $1,653 $815 3/4" Meter $203,750 NOTE: Turbine meters are for irrigation only. All irrigation meters are only required to pay Water Impact Fees, not Sewer Impact Fees. 10" Turbine Meter $413,250 6" Compound Meter $41,325 $20,375 $69,426 $34,230 $82,650 $40,750 2" Turbine Meter 3" Compound Meter 3" Turbine Meter $26,448 $13,040 $39,672 $19,560 4" Compound Meter 4" Turbine Meter 2" Compound Meter 1.5" Meter $8,265 $4,075 $13,224 $6,520 $16,530 $8,150 3/4" Meter 1.5" Meter 2" Compound Meter $1,089 1" Meter $1,920 2" Turbine Meter $6,144 $5,940 $12,288 $11,8803" Compound Meter 3" Turbine Meter $92,160 $89,100 6" Compound Meter Water & Sewer Impact (Property final platted before September 30, 2007) ENTIRE CITY EXCEPT THE TRIBUTE SUBDIVISION* 5/8" X 3/4" Meter $1,782 $3,840 $3,663 $6,144 METER SIZE WATER IMPACT FEE SEWER IMPACT FEE $768 $990 $1,152 $5,940 6 72 ITE Land Development Veh-Mi Per 2016 Use Code Unit Dev-Unit Fees PORT AND TERMINAL Truck Terminal 030 Acre 26.20 6,183$ INDUSTRIAL General Light Industrial 110 1,000 SF GFA 3.88 916$ General Light Industrial 120 1,000 SF GFA 2.72 642$ Industrial Park 130 1,000 SF GFA 3.40 802$ Warehousing 150 1,000 SF GFA 1.28 302$ Mini-Warehouse 151 1,000 SF GFA 1.04 245$ RESIDENTIAL Single-Family Detached Housing 210 Dwelling Unit 4.00 944$ Apartment/Multi-family 220 Dwelling Unit 2.48 585$ Residential Condominium/Townhome 230 Dwelling Unit 2.08 491$ Mobile Home Park/Manufactured Housing 240 Dwelling Unit 2.36 557$ Senior Adult Housing-Detached 251 Dwelling Unit 1.08 255$ Senior Adult Housing-Attached 252 Dwelling Unit 1.00 236$ Assisted Living 254 Beds 0.88 208$ LODGING Hotel 310 Room 1.93 455$ Motel / Other Lodging Facilities 320 Room 1.51 356$ RECREATIONAL Golf Driving Range 432 Tee 4.02 949$ Golf Course 430 Acre 0.96 227$ Recreational Community Center 495 1,000 SF GFA 8.81 1,452$ Ice Skating Rink 465 1,000 SF GFA 7.59 1,791$ Miniature Golf Course 431 Hole 1.06 250$ Multiplex Movie Theater 445 Screens 43.85 2,061$ Racquet / Tennis Club 491 Court 10.77 2,542$ INSTITUTIONAL Church 560 1,000 SF GFA 1.16 274$ Day Care Center 565 1,000 SF GFA 14.51 3,424$ Primary / Middle School (1 - 8)522 Students 0.34 80$ High School 530 Students 0.27 64$ Junior / Community College 540 Students 0.25 59$ University / College 550 Students 0.36 85$ MEDICAL Clinic 630 1,000 SF GFA 19.55 2,694$ Hospital 610 Beds 5.36 677$ Nursing Home 620 Beds 0.83 114$ Animal Hospital / Veterinary Clinic 640 1,000 SF GFA 12.46 1,711$ Roadway Impact Fees - Page 1 Land Use Category 7 73 ITE Land Development Veh-Mi Per 2016 Use Code Unit Dev-Unit Rates OFFICE Corporate Headquarters Building 714 1,000 SF GFA 5.64 772$ General Office Building 710 1,000 SF GFA 5.96 821$ Medical - Dental Office Building 720 1,000 SF GFA 14.28 2,050$ Single Tenant Office Building 715 1,000 SF GFA 6.96 954$ Office Park 750 1,000 SF GFA 5.92 827$ COMMERCIAL Automobile Related Automobile Care Center 942 1,000 SF Occ GLA 5.22 898$ Automobile Parts Sales 843 1,000 SF GFA 9.54 1,510$ Gasoline / Service Station 944 Vehicle Fueling Position 4.83 664$ Gasoline / Service Station w/ Conv Market 945 Vehicle Fueling Position 3.57 486$ Gasoline / Service Station w/ Conv Market and Ca 946 Vehicle Fueling Position 3.66 485$ New Car Sales 841 1,000 SF GFA 5.87 936$ Quick Lubrication Vehicle Shop 941 Servicing Positions 8.72 1,379$ Self - Service Car Wash 947 Stall 1.99 274$ Tire Store 848 1,000 SF GFA 8.37 1,604$ Dining Fast Food Restaurant w/ Drive-Thru Window 934 1,000 SF GFA 39.10 5,716$ Fast Food Restaurant w/out Drive-Thru 933 1,000 SF GFA 31.31 4,315$ High Turnover (Sit-Down) Restaurant 932 1,000 SF GFA 13.45 2,055$ Quality Restaurant 931 1,000 SF GFA 10.05 1,385$ Coffee/Donut Shop w/Drive-Thru Window 937 1,000 SF GFA 30.75 4,251$ Other Retail Free-Standing Discount Store 815 1,000 SF GFA 11.21 1,570$ Nursery (Garden Center)817 1,000 SF GFA 15.62 1,178$ Home Improvement Superstore 862 1,000 SF GFA 3.90 759$ Pharmacy/Drugstore w/o Drive Thru Window 880 1,000 SF GFA 12.69 1,947$ Pharmacy/Drugstore w/Drive Thru Window 881 1,000 SF GFA 16.25 1,947$ Shopping Center 820 1,000 SF GFA 7.87 1,097$ Supermarket 850 1,000 SF GFA 19.51 2,963$ Toy/Children's Superstore 864 1,000 SF GFA 11.23 1,547$ Department Store 875 1,000 SF GFA 4.21 552$ Video Rental Store 896 1,000 SF GFA 21.86 3,012$ SERVICES Walk-In Bank 911 1,000 SF GFA 12.34 2,912$ Drive-in Bank 912 Drive-in Lanes 29.86 5,662$ Hair Salon 918 1,000 SF GLA 1.72 406$ Roadway Impact Fees - Page 2 Land Use Category 8 74 9 75 Office Creek Drainage Impact Fees & Map *ERU is an equivalent residential unit and is equal to 3,406 square feet of impervious area. Residential Non-Residential $231.52/lot $231.52/ERU* 10 76 11 77 12 78 Group (2012 International Building Code)IA IB IIA IIB IIIA IIIB IV VA VB A-1 Assembly, theaters, with stage 226.76 219.31 213.96 205.01 192.75 187.20 198.12 176.19 169.52 A-1 Assembly, theaters, without stage 207.79 200.35 194.99 186.04 173.88 168.33 179.15 157.32 150.65 A-2 Assembly, nightclubs 176.13 171.14 166.41 159.90 150.48 146.32 154.26 136.32 131.68 A-2 Assembly, restaurants, bars, banquet halls 175.13 170.14 164.41 158.90 148.48 145.32 153.26 134.32 130.68 A-3 Assembly, churches 209.84 202.40 197.04 188.09 176.18 170.63 181.20 159.62 152.95 A-3 Assembly, general, community halls, libraries, museums 175.12 167.68 161.32 153.37 140.31 135.76 146.48 123.75 118.08 A-4 Assembly, arenas 206.79 199.35 192.99 185.04 171.88 167.33 178.15 155.32 149.65 B Business 181.09 174.44 168.64 160.29 146.09 140.60 153.96 128.21 122.54 E Educational 193.98 187.30 181.81 173.58 161.65 153.10 167.59 141.27 136.67 F-1 Factory and industrial, moderate hazard 107.90 102.96 96.85 93.24 83.53 79.76 89.27 68.81 64.80 F-2 Factory and industrial, low hazard 106.90 101.96 96.85 92.24 83.53 78.76 88.27 68.81 63.80 H-1 High hazard, explosives 101.01 96.07 90.96 86.35 77.83 73.07 82.38 63.11 N.P. H234 High hazard 101.01 96.07 90.96 86.35 77.83 73.07 82.38 63.11 58.10 H-5 HPM 181.09 174.44 168.64 160.29 146.09 140.60 153.96 128.21 122.54 I-1 Institutional, supervised environment 179.48 173.17 168.13 160.99 147.72 143.83 160.67 132.55 127.94 I-2 Institutional, hospitals 305.47 298.82 293.02 284.67 269.47 N.P.278.34 251.59 N.P. I-2 Institutional, nursing homes 211.47 204.82 199.02 190.67 177.47 N.P.184.34 159.59 N.P. I-3 Institutional, restrained 206.32 199.67 193.87 185.52 172.82 166.33 179.19 154.94 147.27 I-4 Institutional, day care facilities 179.48 173.17 168.13 160.99 147.72 143.83 160.67 132.55 127.94 M Mercantile 131.29 126.30 120.57 115.06 105.29 102.13 109.42 91.13 87.49 R-1 Residential, hotels 180.89 174.58 169.54 162.40 149.39 145.50 162.08 134.22 129.61 R-2 Residential, multiple family 151.70 145.39 140.35 133.21 120.92 117.03 132.89 105.75 101.14 R-3 Residential, one- and two-family 143.18 139.24 135.76 132.27 127.10 123.91 129.53 118.85 111.36 R-4 Residential, care/assisted living facilities 179.48 173.17 168.13 160.99 147.72 143.83 160.67 132.55 127.94 S-1 Storage, moderate hazard 100.01 95.07 88.96 85.35 75.83 72.07 81.38 61.11 57.10 S-2 Storage, low hazard 99.01 94.07 88.96 84.35 75.83 71.07 80.38 61.11 56.10 U Utility, miscellaneous 76.35 71.93 67.45 64.00 57.56 53.75 61.01 45.05 42.90 a. Private garages use Utility, miscellaneous b. Unfinished basements (all use group) = $15.00 per sq ft c. For shell only buildings deduct 20 percent d. N.P. = not permitted TO CALCULATE FEE = MULTIPLY GROSS SQUARE FEET BY $ AMOUNT ABOVE BY PERMIT FEE MULTIPLIER (CURRENTLY 0.0090) Example - Type II-B Retail (Mercantile) with 3,800 sq. ft. of floor space would be calculated as: 3,800 X $115.06 X 0.0090 = $3,935.05 Table 2 - Square Foot Construction Costs1379 Water well - residential Water well - non-residential < 300 linear feet stream or shoreline 300 - 1,000 linear feet stream or shoreline > 1,000 linear feet stream or shoreline Single Family Residential Lot < 3 acres De-watering well Well Drilling Permit > 3 acres Monitor well Injection well Test well Irrigation well $50 Floodplain Development Permit $100Single Family Residential Lot Grading Permit Seasonal Permits (6 months) Network Node Fees Annual public right of way use fee $250 per network node/year Network provider connect network node to network fee $28 per node per month Pole attachment rent (network node on service pole)$20/pole/year Permit application fee $250 $300 Restaurants (<2,000 sq. ft. GFA)$350 Restaurants (>2,000 sq. ft. GFA)$550 Warehouse/Distribution/Catering (<2,000 sq. ft. GFA)$350 Warehouse/Distribution/Catering (>2,000 sq. ft. GFA)$550 $320 $200 $400 $500 Temporary Permits (14 days or less)$50 per event / per vendor Mobile Truck (Hot Food)$200 1 to 5 days late 6 or more days late GENERAL FUND $100 Health Permits Grocery Stores (<8,000 sq. ft. GFA)$350 Child Care Facilities Annual Health Permits: Administrative Fee - Residential (1 thru 4) Code Enforcement Fees $40 $500/node (first 5 network nodes) $250 Permits $200 $250 $100 $100 $300 $50 50% of health permit fee 100% of health permit fee $50 $250/node for each additional node over 5 nodes $1,000/pole for each node support pole Late Payment of Health Permit: Administrative Fee - Residential (5+)$150 Administrative Fee - Commercial (1 thru 3) Administrative Fee - Commercial (4+) $100 $200 Grocery Stores (>8,000 sq. ft. GFA)$550 Convenience Store $265 Convenience Store (with deli) 14 80 $0.10 per page $1 per square foot Holiday Inspection (at the discretion of the Health Inspector, includes weekends in conjunction with holidays) Ambulance Subscription Service Basic Life Support (BLS) Disposables $150 - Non-Resident Oxygen $50 $850 - Non-Resident $900 - Resident $1,100 - Non-ResidentSpecialized Critical Care (SCT) $1,000 - Resident $1,100 - Non-Resident Re-Inspection Fee (Required if score is 75 or less) Municipal Court NSF check returned fee per incident $25 Online payment for Court fines $1.50/transaction Miscellaneous Same Day Inspection (at the discretion of the Health Inspector) $100 $75 Administrative Fee - Insurance Claims $0.50 perpage $150 first and $100 each additional Finance Fire & Ambulance Ambulance Calls $100 $150 Health Permits (con't) $500/each claim $60/year - $5/month $50 per hour (2 hour minimum) Mobile Truck (Cold Food) $800 - Resident Working without a permit $300 After hours inspection fee $300 $900 - Non-Resident $900 - ResidentAdvanced Life Support (ALS) Emergencies Advanced Life Support (2) (ALS2) Basic Life Support (BLS) Emergencies $650 - Non-Resident Pre-Opening/Change of Ownership Fee $550 - Resident $100 per hour (two hour minimum) $200 per hour (two hour minimum) $75 Existing Subscribers New Subscribers $96/year - $8/month After Hours Inspection (at the discretion of the Health Inspector) Reinspection Fee (Facility initiated) Advanced Life Support (ALS) Disposables $200 - Non-Resident Small Copies up to 8 1/2" X 14" Color Copies larger than 11" X 17" Plan Review Registered Food Service Manager Operating without a permit $150 $150 $30 biennially Scheduled fee doubled Replacement RFSM Certificate $5/ea Replacements Health Permit Public/Semi-Public Swimming Pool/Spa/Splash Zone Inspection Mobile Food Cart $250 Mileage $15 * Fees may be reduced up to 50% for non-profit organizations upon approval from the City Manager or his designee. Copies - 11" X 17" or greater Limited Food Cart (Pre-packaged) Limited Food Cart (Potentially Hazardous) $5/ea 15 81 Video history tape $8, plus $5 proc fee Audiobooks & kits (CD)$10/piece up to a maximum of $100 per cataloged item, plus $5 proc fee Movies (disc)$20, plus $5 proc fee TV series (disc)$10/disc, plus $5 proc fee Compact disc $15/piece plus $5 proc fee $17, plus $5 proc fee $27, plus $5 proc fee $15, plus $5 proc fee $27, plus $5 proc fee Graphic Novel Adult Fiction (hardbound) Adult Fiction (paperbound) LP Fiction (hardbound) Non-Fiction (hardbound) Mass market paperback $8, plus $2 proc fee Children's kit (CD & book)$20, plus $5 proc fee Activity kits $60, plus $5 proc fee $27, plus $5 proc fee $18, plus $5 proc fee Board books $7, plus $2 proc fee Non-Fiction (paperbound) Magazine $5, plus $2 proc fee Fire Line Permit $200 $17, plus $5 proc fee $15, plus $5 proc fee Restitution for lost/ruined materials: Book (according to classification): Library Fees E / J FIC / YA FIC YA FIC (paperbound) Special Events $45.69/hr $62.20/hr $68.86/hr Paramedic Rate Supervisor Rate Commander Rate Vent Hood Permit $75 $100 $150 1 - 25 = $125 26 - 50 = $175 76 - 100 = $300 Special Locks Above Ground Storage Tank Underground Storage Tank $100 51 - 75 = $225 State Mandated Fire Inspections $50 Fire Re-Inspections $75 001 - 100 = $140 101 - 200 = $165 Based on the number of sprinkler heads: No charge for registration Based on the number of signal initiating devices: 301 - 400 = $190 401 - 500 = $215 Over 500 = $250 plus $0.15 per sprinkler over 500 Foster Care & Group Home - Annual Fire Inspection $50 Fire Plan Review $150 Fire Alarm Permit 101+ = $330 plus $0.50 per device over 100 201 - 300 = $175Fire Sprinkler Contractor LP Fiction (paperbound)$20, plus $5 proc fee LP Non-Fiction (hardbound)$27, plus $5 proc fee LP Non-Fiction (paperbound)$18, plus $5 proc fee BDA (Bi-Directional Antennae)$140 Fire & Ambulance (con't) 16 82 3rd impound of the same animal 4th impound and all subsequent of same animal Actual cost Impound fees Postage to return Animal Services Fees 1st impound $60 $85 $115 $20/animal $10/night/animal Release of ownership fee Sheltering fee 2nd impound of the same animal Adoption fee $95 $25 Exam proctoring service $15 per exam proctored Photocopy fee $.10 per copy Printing fee (grayscale)$.10 per page Printing fee (color)$.40 per page 3D printing fee $.10 per gram $1 per 6" sq. Fax fee $1 per page Adhesive vinyl $2 per 12" sq. Heat transfer vinyl $3 per 12" sq Heat transfer vinyl $1.50 per 6" sq Transfer tape $.50 per 12" sq Replacement library card $2 Inter-library loan service: Assigned by owning agency Maximum: 3/4 lost/ruined fee Minimum% of lost/ruined fee $10 fine (per item), plus warning$10 fine (per item), plus revocation of AV equipment privileges Current catalog price Partial loss (piece missing) Return AV equipment in drive-up drop: Loss or damage to proc items 1st offense 2nd offense Photocopy charges Maximum: Repair cost, plus shipping & handling chgs Minimum: $0.25 Actual cost, plus $5 proc fee Assigned by owning agency Restitution for repairable damage: Equipment (AV, computer) Inter-library loan material Inter-library loan material AV equipment Other items Minimum: $0.25 Maximum: Assigned by owning agency Minimum: $0.25 Cassette player $30, plus $2 proc fee MP3 $20, plus $5 proc fee Playaway audiobook Early literacy kit $60, plus $5 proc fee $60, plus $5 proc fee Library Fees (con't) Adhesive vinyl $45 Microchip $15 Transfer tape $.25 per 6" sq Release of ownership & pickup fee Fishing gear $20, plus $5 proc fee 17 83 Normal towing charges for vehicles: $225 $375/hr Over 25' - $35 $20 $155Vehicles up to 10,000 GVWR Vehicles 10,001 - 26,000 GVWR Vehicles over 26,000 GVWR (Heavy Duty) Preservation Fee Accidents requiring additional services (per accident)$115 Up to 25' - $20Storage fees (each 24 hour period, said sum due at the beginning of each such periods) (per day) Commercial - annual alarm permit $50 1st - 3rd No Fee 4th - 5th $50 6th - 7th $75 8 or more $100 Dash cam 911 audio Certified $2 Residential - annual alarm permit $25 Police 0.10/page after 10 pages $6 $.10/page Police reports Accident reports Offense report and/or copies Alarm fees - permit Alarm fees - false 20% of personnel charge $10 $3 $1 Body cam Actual cost $1/each $1/each $.50/each Actual cost Actual cost $15/hr Audio cassette Paper - Oversized (11 X 17, etc) Other Actual cost Speciality paper (color maps/$1 sq ft) Other electronic media Personnel Overhead Postage/shipping $75 $15/animal $25 $65 $10 Euthanasia fee (includes surrender & disposal) Voluntary dog registration fee Rabies test Deceased animal pickup Home quarantine fee Scanner fee $5 Solicitors badge $10/ea Solicitors permit $10/day $25/wk $100/yr City Secretary Copies - paper Alcohol permits 1/2 of State Fees Per Ordinance #719 Animal Services Fees (con't) CD DVD Diskette Deceased animal - remains disposal fee $25 $100 $.10/page $1 Prohibited animals $150 Permanent permit fee $500/year Shelter quarantine fee Public records $3 18 84 Court Rentals: Basketball court rental Volleyball court rental 1/2 court = $15/hr; full court = $25/hr full court = $25/hr Youth basketball - summer $80 - Resident/$90 - Non-Resident Youth basketball - Miniball $45 - Resident/$55 - Non-Resident $10/player/season - Non-Resident Youth basketball - winter $90 - Resident/$100 - Non-Resident Athletics $35 for up to 4 hrs daily $50 for more than 4 hrs dailyAmphitheater Rental Non-resident recreation pass (all ages)$30/yr under age 50, $20/yr 50+ ID card replacement $5 PARKS FUND Recreation Parks & Recreation Fees: Resident recreation pass (all ages)$15/yr under age 50, $10/yr 50+ $40/day - Resident $45/day - Non-Resident $25 Kidz Kamp - holiday sessions (base) Kidz Kamp - summer supply fee $5/month or $2/class $145/week - Resident $170/week - Non-Resident Non-member program registration fee Kidz Kamp - summer sessions (base) Kidz Klub - summer sessions (base)$160/week - Resident $185/week - Non-Resident Gym rental $60/hr - Resident / $80/hr - Non-Resident Activity room rental $50/hr - Resident / $70/hr - Non-Resident Recreation Center rentals after hours Gym rental - 1/2 court $25/hr - Resident / $45/hr Non-Resident $50/hr - Resident / $70/hr - Non-Resident Recreation Center rentals during hours Gym rental - Full court Pavilion Rentals: Hourly rental (2 hour minimum)$15/hr - Resident / $35/hr - Non-Resident Parks Recreation Center building rental $80/hr - Resident / $100/hr - Non-Resident $50/hr - Resident / $70/hr - Non-Resident Activity room rental $30/hr - Resident / $50/hr - Non-Resident Birthday party rental Meeting room rental fee: $30/hr - Residnet / $50/hr - Non-Resident (Municipal Building located at 6303 Main Street) Youth volleyball $65 - Resident /$75 - Non-Resident Youth sports user fees $2/player/season - Admin $3/player/season - Game fields $5/player/season - Practice fields Youth flag football $80 - Resident/$90 - Non-Resident Adult softball $325/team/season Adult kickball $225/team/season 19 85 $85/hr (plus $20/hr, per zone for each additional 50 guests) 10% discount if bought before May 1st Private party fees - Resident: 1 zone, 50 people Summer party rental sales promotion (residents only) Entrance fees - public swim < Age 7 Swim lessons - lifeguard Individual pass Family pass Summer pass sales promotion $160/4 hr (non-resident $180/4 hr) $10/lane hr $15/lane hr weekday (plus staff cost on weekends) Aqua fit tickets 12 for $45 $4/4 -6 hrs $3/4-6 hrs $45 (+ID card if needed) $90 (+ID card if needed) 10% discount if bought before Memorial Day $240/27 hr Adult volleyball $300/team/season $5/person/season - Resident $20/person/season - Non-Resident Adult basketball $300/team/season Facility rentals - Usage user fee co-sponsored Tournament rental rates - co-sponsored Athletics (con't) $65/field/day or $12/game $50/field/day or $10/game Practice rental rates - co-sponsored $10/hr for unlit / $15/hr for lit Practice rental rates - resident non-co-sponsored $15/hr for unlit / $25/hr for lit Practice rental rates - non-resident non-co-sponsored $20/hr for unlit / $30/hr for lit Five Star lit Five Star unlit Five Star baseball - additional field prep $25/field/day/prep Five Star soccer $200/field/day or $50/hr - 2 hr minimum $175/field/day or $30/hr $45/field/day or $9/game $35/field/day or $5/game Five Star baseball $1,800/day - complex rental fee (7 fields) Practice field lit Practice field unlit Five Star softball (full)$750/day - complex rental fee (3 fields) Five Star soccer (full)$1,800/day - complex rental fee (8 fields) Five Star soccer (partial)$1,400/day - complex rental fee (6 fields) Five Star league play (non co-sponsored)$35/game (100 game minimum) Five Star soccer (overflow)$200/field/day (baseball outfields) Practice field lit Aquatic Park Swim lessons - coach/train $35 for 1/2 hr (non-resident $40 for 1/2 hr) Non-field facility usage $250/4 hrs + $50/additional hr Athletic practice facility/field reservation change gee $5 $150/field/day or $20/hr Additional playing surface $10/additional playing surface/hr Tournament maintenance crew $40/hr/staff member Soccer net installation $30/field Practice field unlit $230 for 4 hrs (non-resident $240 for 4 hrs) $110/4 hr (non-resident - $130/4 hr) $65/4 hr (non-resident - $85/ 4 hr) Swim lessons - private Swim lessons - semi-private Swim lessons - public Swim lessons - duo - private Swim team (minimum 4 month commitment) Team (casual schedule) or outside business Entrance fees - senior adult exercise/lap swim Entrance fees - public swim > Age 7 20 86 $5/hr $10/hr $5/hr $5/hr $5/hr $5/hr $5/hr $10/hr $20/hr $20/hr $20/amenity/hr $20/hr Five Star Field Five Star Trail/Common Area/Parking Lot Stewart Creek Park Amenities Aquatic Park (per pool) LISD Joint Use Fees Recreation Center 1/2 Gym Recreation Center Full Gym Recreation Center Activity Room Recreation Center Racquetball Court Park Pavilion Outdoor Basketball Court Outdoor Volleyball Court Practice Field Aerobic classes - daily Aerobic classes - monthly Picnic table reservation (public swim) Splash Zone picnic table reservation (public swim) $6/hr Aqua fit tickets 12 for $45 $60/afternoon $80/afternoon Private party fees - Non-Resident: 1 zone, 50 people $125/hr (plus $30/hr, per zone for each additional 50 guests) Aquatic Park (con't) $18/yr Trip reservation fee up to 50 miles $4/trip Trip reservation fee up to 100 miles $6/trip Petite pavillion reservation (public swim)$100/afternoon Community Center $10/yr Membership for Seniors Resident rate Non-resident rate $155 for first 3 hrs $45/hr each additional hr $140 for first 3 hrs Trip reservation fee up to 150 miles $8/trip $190 for first 3 hrs $50/hr each additional hr $175 for first 3 hrs Resident rental rates Large activity room with kitchen (200 people maximum) Large activity room without kitchen (200 people maximum) Activity room with kitchen (1/2 of large room) (100 people maximum) Activity room without kitchen (1/2 of large room) $50/hr each additional hr $205 for first 3 hrs $60/hr each additional hr $190 for first 3 hrs $55/hr each additional hr $175 for first 3 hrs $50/hr each additional hr Large activity room without kitchen (200 people maximum) Activity room with kitchen (1/2 of large room) (100 people maximum) Activity room without kitchen (1/2 of large room) (100 people maximum) Non-resident rental rates Large activity room with kitchen $240 for first 3 hrs (200 people maximum)$60/hr each additional hr $40/hr each additional hr $30/hr (100 people maximum) Small meeting (20 people maximum) 21 87 TCPARD Life Guard (number to be determined based on rental specifics) $10/hr $5/hr $20/hr $20/hr $30/hr $15/guard/hr LISD Joint Use Fees (con't) Community Center - Large Room Community Center - Meeting Room TCPARD Site Supervisor for Rental TCPARD Custodial for Rental *(not always applicable) TCPARD Athletic Field Prep (if necessary) 22 88 Pavillion rental cleanup deposit $250 Pavilion rental $125/Resident - $150/Non-Resident $50Annual Pass - Non-Resident - second car RV sites (includes entry)$25/Resident - $35/Non-Resident Tent sites (includes entry)$17/Resident - $25/Mom-Resident Annual Pass - Senior Resident - first car Annual Pass - Senior Resident - second car $10 $10 Annual Pass - Senior Non-Resident - first car $40 Annual Pass - Senior Non-Resident - second car $40 Disabled Veteran (with proof)Free Annual Pass - Resident - first car $40 Annual Pass - Resident - second car $30 Annual Pass - Non-Resident - first car $75 LAKE PARKS FUND Stewart Creek Park Revenues Daily Pass - Resident $10 Daily Pass - Non-Resident $15 Pavilion rental entry 50 - cars = $10/car - 51+ cars = $7/car Basketball 1/2 court rental $15/hr Volleyball court rental $25/hr 23 89 SPECIAL EVENTS FUND Special Events Revenues Daddy Daughter Dance $35 $8 $7 $5Advance tickets $10 Kids Chase by the Lake $10 Salsa Shootout $10/entry Fun Zone Wristband - 4 and younger $10 early / $15 day of event $15 early / $20 day of eventFun Zone Wristband - 5 and older $8 $60 Liberty By The Lake Grown Up Games Day of event tickets Per team $5 Mother and Son Adventure Day $30 Non-residents Per couple Fun Zone Tickets $1/ticket Event parking (at SCP)$20/car Back 2 School Bash American Heroes $35 $60 VIP 1 day VIP 2 day Additional child $10 Family Fright Night $15Per person Per couple Additional child 1st child 2nd child 3rd child Spring Eggstravaganza 24 90 . Vegetation/Habitat Conditions using the Corps PEA Flood Elevations Excellent Vegetation/Habitat Conditions (3:1 to 6:1) Good Vegetation/Habitat Conditions (3:1 to 6:1) Poor Vegetation/Habitat Conditions (3:1 to 6:1) (522 - 528)3 x $.012 x SF 2 x $.012 x SF 1 x $.012 x SF (528 - 530.8)4 x $.012 x SF 3 x $.012 x SF 2 x $.012 x SF (530.8 - 535.2)5 x $.012 x SF 4 x $.012 x SF 3 x $.012 x SF (535.2 537)6 x $.012 x SF 5 x $.012 x SF 4 x $.012 x SF (522 - 528)3 x $.05 x SF 2 x $.05 x SF 1 x $.05 x SF (528 - 530.8)4 x $.05 x SF 3 x $.05 x SF 2 x $.05 x SF (530.8 - 535.2)5 x $.05 x SF 4 x $.05 x SF 3 x $.05 x SF (535.2 537)6 x $.05 x SF 5 x $.05 x SF 4 x $.05 x SF (522 - 528)3 x $.08 x SF 2 x $.08 x SF 1 x $.08 x SF (528 - 530.8)4 x $.08 x SF 3 x $.08 x SF 2 x $.08 x SF (530.8 - 535.2)5 x $.08 x SF 4 x $.08 x SF 3 x $.08 x SF (535.2 537)6 x $.08 x SF 5 x $.08 x SF 4 x $.08 x SF PARKS FUND Exhibit B Fee Schedule Woodlands Grasslands Savannah ≥ ≥ ≥2591 Missed reading fee $30 $20 Same day connection fee $20 Set meter trip charge for ill-equipped area 15%Extension agreements available prior to day of disconnect. If extension agreement is failed, no further extensions for a period of 12 months. Cash/Credit/Money Order Only $1.25/transaction Penalties - late payment Delinquent accounts Online payment for Utility account $1,000 $1,300 $25 Commercial irrigation deposit Hydrant meter deposit - water NSF checks Commercial master meter surcharge $10.77/unit (after first unit) $75 or higher based on past history $150 or higher based on past history Commercial deposit water & sanitation Average of the past 12 months billings of the premises or comparable business, whichever is higher Residential deposit water & sanitation for homeowners Residential deposit water & sanitation for renters Residential deposit water & sanitation for seniors 60 and over Deposit waived - or higher based on past history UTILITY FUND Utility Fees Connect fee/application fee $20 Water service See attached water rate schedule $25 Administration fees (e.g. credit references, research on their accounts $20 $25 Transfer fees Check for leaks - allowed 3 free checks for a 6 month period, thereafter $25 each check $50 $50 Disconnect/reconnect fees Reconnect fees - after hours Disconnect fees - after hours Wastewater service See attached sewer rate schedule SRF Loan $2.92/mo $20 $4.00/mo for each account - residential $5.00/ERU/mo for each account - non-residentialDrainage utility fees Veteran and Active Duty Water and Sewer Discount Water & Sewer dollar amount reduced by 10% (enrollment required) 26 92 UTILITY FUND Water Rates (5% increase) 2020 - 2021 Inside City Outside City 3/4 26.89 3/4 40.34 1 38.12 1 57.17 Meter size (inches Rate Meter size (inches Rate 5/8 20.28 5/8 30.42 3 190.60 3 285.81 4 296.96 4 445.43 1 1/2 73.98 1 1/2 110.95 2 123.29 2 184.97 10 3,382.59 10 5,073.86 Commodity rate (per thousand gallons)Commodity rate (per thousand gallons) 6 668.16 6 1,002.21 8 1,503.37 8 2,255.02 25,001 - 40,000 6.11 25,001 - 40,000 9.11 40,001 and over 6.66 40,001 and over 9.99 2,001 - 15,000 4.59 2,001 - 15,000 6.89 15,001 - 25,000 5.72 15,001 - 25,000 8.56 25,001 - 40,000 6.78 25,001 - 40,000 9.79 40,001 and over 7.32 40,001 and over 10.66 Zone 5 Water Rates 2,001 - 15,000 5.26 2,001 - 15,000 7.56 15,001 - 25,000 6.39 15,001 - 25,000 9.22 2020 - 2021 Inside City Outside City Meter size (inches Rate Meter size (inches Rate Sewer Rates (5% increase) 1 32.32 1 48.49 1 1/2 53.48 1 1/2 80.22 5/8 19.64 5/8 29.47 3/4 23.85 3/4 35.82 6 569.98 6 854.96 4 222.63 4 333.97 2 78.81 2 118.27 3 138.06 3 207.09 10 3,735.33 10 5,602.96 Commodity rate (per thousand gallons)Commodity rate (per thousand gallons) 8 1,459.11 8 2,188.65 Residential (over 2,000 gal)4.13 Residential (over 2,000 gal)6.18 Commercial (over 2,000 gal)5.57 Commercial (over 2,000 gal)8.33 27 93 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: September 15, 2020 Submitted by: David Cranford Submitting Department: Finance Item Type: Ordinance Agenda Section: Subject: Discuss and consider approving an ordinance adopting the City of The Colony Fiscal Year Budget beginning October 1, 2020 through September 30, 2021; providing for intra and inter departmental fund transfers; providing for the investment of certain funds; providing that expenditures for said fiscal year to be made in accordance with said budget. (Miller) Suggested Action: Attachments: Preliminary Budget 9-15-20.pdf Ord. 2020-xxxx Adopt FY2020-2021 Budget.doc 94 Preliminary Budget 2020/2021 REVISED September 15, 2020 95 Annual Operating Budget For Fiscal Year 2020/2021 The tax rate will effectively be raised by .5% and will raise taxes for maintenance and operations on a $100,000 home by approximately $2.5. The proposed tax rate of $.655 per $100 valuation which is ½ cent less than the current tax rate of $.66 per $100 valuation. 96 TABLE OF CONTENTS City Manager’s Message ..................................................................................... 1 General Fund ....................................................................................................... 2 Parks Fund .......................................................................................................... 5 Utility Fund ............................................................................................................ 6 General Debt Service ............................................................................................ 7 Utility Tax Supported Debt .................................................................................... 8 Economic Development Corporation ................................................................... 9 Community Development Corporation ............................................................... 10 TIRZ ONE PID ................................................................................................... 11 Lake Parks Fund ................................................................................................. 12 Special Events Fund .......................................................................................... 13 Hotel/Motel Tax Fund .......................................................................................... 14 Court Security Fund ............................................................................................ 15 Court Technology Fund ...................................................................................... 16 Child Safety Fund .............................................................................................. 17 Trinity North Fund .............................................................................................. 18 Capital Projects Administration Fund ................................................................. 19 Storm Water Utility Fund ..................................................................................... 20 Water/Sewer Impact Fees Fund ........................................................................ 21 Citizen Donation Fund ........................................................................................ 22 Keep the Colony Beautiful Fund ........................................................................ 23 CIP ...................................................................................................................... 24 Debt Management Policies ................................................................................. 25 Financial Management Policies .......................................................................... 40 Investment Policy ................................................................................................ 54 97 City of The Colony Memorandum To: Mayor and City Council Members From: Troy Powell, City Manager Tim Miller, Assistant City Manager Date: Sept 8, 2020 Reference: Proposed FY 2020-21 Budget Enclosed is the proposed budget for FY 2020-21. The purpose of this memo is to summarize significant items in the budget as well as to identify issues that will need to be considered in the future. Key principles of the budget are as follows: • Total operating revenues increased by $3.3 million due primarily to property tax receipts and CARES reimbursement. • One half cent reduction in the property tax rate ($.66 to $.655) • Utility rates increased by 5% to fund phase II wastewater treatment plant. • Property values frozen for those over 65. • Utility bill discounts for veterans. • Total operating expenses increased by $900k due primarily to personnel costs. • Added Personnel (Fire 6, Finance 1, and Communications 1). • Blended raises 4%. • Medical insurance increase of 10%. • CIP of $9.8 million. • Fund balances operating days will remain the same as last year’s budget: General Fund 80 days; Utility Fund 60 days; and Parks 60 days. The proposed FY 2020-2021 Budget is respectfully submitted for your approval. Page 1 98 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget Current Property Taxes 21,368,450 23,395,083 25,390,650 26,103,825 Rendition Penalty Revenue 4,219 5,779 4,000 4,000 Ag. Roll Back Taxes 133,611 - 4,000 4,000 Delinquent Property Tax 113,884 188,279 50,000 50,000 Penalties & Interest 99,237 80,804 80,000 80,000 Total 21,719,401 23,669,945 25,528,650 26,241,825 Sales Taxes 6,730,314 7,666,068 6,034,543 7,200,000 Mixed Beverage Tax 369,791 424,443 376,000 300,000 Total 7,100,105 8,090,511 6,410,543 7,500,000 Electric 1,369,505 1,433,033 1,380,000 1,400,000 Natural Gas 184,733 189,409 190,000 190,000 Telephone 301,121 260,360 235,000 235,000 PEG Fees 79,088 50,793 80,000 60,000 Video 388,263 290,256 350,000 350,000 Sanitation-Residential 190,732 203,521 200,000 200,000 Sanitation-Commercial 192,507 248,065 200,000 200,000 Total 2,705,949 2,675,437 2,635,000 2,635,000 TOTAL TAXES 31,525,455 34,435,893 34,574,193 36,376,825 Building Permits-New Homes 1,020,283 984,402 1,400,000 775,000 Building Permits-Other 546,804 601,116 550,000 400,000 Commercial Permits 212,750 265,336 200,000 110,000 Certificates Of Occupancy 7,954 5,350 5,000 5,000 Zoning Fees 6,780 13,319 6,000 6,000 Fire Fees 29,246 22,941 25,000 20,000 Solicitors Permits 4,145 4,755 4,000 4,000 Health Permits 120,933 136,490 120,000 150,000 Platting Fees 24,935 11,045 24,000 24,000 Alcohol Permits 14,945 21,405 15,000 15,000 Code Enforcement Fees 18,460 24,611 18,000 18,000 Eng Inspection Overtime Fee 1,560 1,280 1,000 1,000 Inspection Fees 285,573 68,351 150,000 20,000 Grading Permit 5,574 3,802 1,000 1,000 TOTAL LICENSES & PERMITS 2,299,942 2,164,203 2,519,000 1,549,000 Ambulance Calls 748,342 756,243 600,000 675,000 Ambulance Subscription Revenue 23,163 23,111 20,000 20,000 Service Liens 21,457 13,490 20,000 20,000 Denton County Engine Response 1,650 2,480 1,500 1,500 County Ambulance Funds 21,228 22,443 21,000 21,000 County Fire Funds 10,000 10,000 10,000 10,000 Total 825,840 827,767 672,500 747,500 County Library Funds 38,900 38,800 39,000 39,000 Total 38,900 38,800 39,000 39,000 Revenue & Expenditure Projections Fiscal Year 2020-2021 Franchise Taxes LICENSES & PERMITS GENERAL FUND CHARGES FOR SERVICES TAXES Ad Valorem Taxes City Sales Taxes Fire & Ambulance Library Page 2 99 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget Revenue & Expenditure Projections Fiscal Year 2020-2021 GENERAL FUND TOTAL CHARGES FOR SERVICES 864,740 866,567 711,500 786,500 Municipal Court Fines 920,577 864,702 600,000 785,000 Library Fees 13,618 10,632 10,000 10,000 Animal Control Fees 25,220 19,552 25,050 20,000 TOTAL FINES AND FORFEITURES 959,415 894,886 635,050 815,000 Interest Income 400,609 736,874 400,000 125,000 TOTAL INVESTMENT INCOME 400,609 736,874 400,000 125,000 Auction Proceeds 46,752 30,463 30,000 30,000 Tower Rental Fees 310,857 311,983 300,000 300,000 Insurance Reimbursement 8,262 2,150 1,000 1,000 LEISD SRO Reimbursement 49,054 76,722 85,000 88,000 LISD SRO Reimbursement - 160,480 243,863 243,863 Miscellaneous 119,178 2,178,260 65,000 65,000 Police Reports 4,638 4,485 4,000 4,000 Alarm Fees 29,919 40,806 30,000 30,000 TOTAL OTHER REVENUES 568,660 2,805,349 758,863 761,863 TOTAL REVENUES 36,618,821 41,903,772 39,598,606 40,414,188 Transfer - Storm Water Utility 50,000 50,000 50,000 50,000 Transfer In-GF Capital Projects 46,613 Transfer - Child Safety Fund 20,000 10,000 10,000 10,000 154,307 151,756 154,207 151,206 244,379 241,950 244,813 244,396 49,394 51,470 49,457 49,610 131,600 128,400 131,000 131,000 Transfers In - Parking Lot (CDC)64,867 64,554 66,091 66,091 Transfers In - 4B 5 Starr 529,400 532,000 - - Transfers In - CARES Fund 2,440,350 Transfers in - KTKB 73,000 - TOTAL TRANSFERS 1,243,947 1,276,743 778,568 3,142,653 37,862,768 43,180,515 40,377,174 43,556,841 OTHER REVENUES TRANSFER IN TOTAL REVENUES & TRANSFERS INVESTMENT INCOME Transfers In - EDC S. Colony Conn-Ph2 Transfers In - EDC - Cascades Transfers In - EDC - Memorial Drive Transfers In - Hike & Bike Trail (CDC) FINES AND FORFEITURES Page 3 100 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget Revenue & Expenditure Projections Fiscal Year 2020-2021 GENERAL FUND Non-Departmental 9,617,186 11,510,338 8,929,766 9,458,852 General Administration 1,093,152 1,463,502 1,342,834 1,551,726 City Council 134,937 163,259 164,545 79,520 Community Image 555,009 616,694 629,564 521,462 City Secretary 328,343 379,874 381,660 411,434 Human Resources 418,008 554,250 647,732 648,868 Finance 1,016,548 1,085,174 1,115,770 1,142,116 Information Technology 881,747 799,101 907,377 843,513 Municipal Court 381,096 385,181 449,777 449,533 Communications 981,814 1,149,546 1,219,937 1,350,830 Fire 8,043,054 9,270,176 10,616,565 10,931,081 Police 9,028,361 9,755,890 12,427,997 11,198,119 Animal Control 368,042 452,641 469,267 482,083 Library 1,108,769 1,139,249 1,217,810 1,278,933 Engineering 1,738,350 1,825,389 2,155,797 2,042,211 Facilities Maintenance 1,199,414 952,440 1,049,246 1,102,379 Fleet Services 832,831 893,123 1,092,798 1,093,711 Personnel Additions - - 721,670 Raises/Health Care - - 1,414,942 CIP Debt and Cash Items - - 1,570,000 TOTAL EXPENDITURES 37,726,661 - 42,395,827 44,818,442 48,292,983 Transfer - CVB 90,000 115,000 115,000 115,000 Transfer - Special Events 40,000 40,000 40,000 40,000 Transfer - KTB 10,000 5,000 - - Transfer - Utility 1,000,000 110,000 - - Transfer - Parks Fund 2,531,000 2,799,000 3,066,823 2,831,823 Transfer - Utility Cap 119,000 - Transfer - Trinity North - 20,000 Transfer - G.F. Special Cap 450,000 2,322,970 - TOTAL TRANSFER OUT 3,671,000 3,519,000 5,663,793 3,006,823 41,397,661 45,914,827 50,482,235 51,299,806 OH COST ALLOCATION (3,945,663) (3,945,663) (6,860,846) (6,346,461) 12,861,860 13,272,630 14,483,981 11,239,766 410,770 1,211,351 (3,244,215) (1,396,504) 13,272,630 14,483,981 11,239,766 9,843,262 13,272,630 14,483,981 11,239,766 9,843,262 129 126 94 80 BEGINNING FUND BALANCE EXPENDITURES TRANSFER OUT TOTAL EXPENDITURES & TRANSFERS EXCESS/(DEFICIENCY) ENDING FUND BALANCE UNRESERVED FUND BALANCE Working Days in Fund Balance Page 4 101 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget Recreation Program Revenue 201,812 219,230 200,000 200,000 Athletic Program Revenue 75,735 68,081 71,000 71,000 Athletic & Recreation Facility Revenue 177,002 160,368 174,000 174,000 Pass Revenue 18,159 19,917 14,000 14,000 Total 472,708 467,596 459,000 459,000 Swimming Lessons 169,659 204,307 165,000 165,000 Entrance Fees 41,624 43,016 40,000 40,000 Concession Sales 1,409 2,052 1,000 1,000 Private Party Fees 68,392 79,195 65,000 65,000 Total 281,084 328,570 271,000 271,000 Rental Revenue 15,418 18,203 15,000 15,000 Program Revenue 962 1,363 1,000 1,000 Travel Commissions 7,000 - - - Membership Fees 5,489 6,914 6,000 6,000 Total 28,869 26,480 22,000 22,000 TOTAL CHARGES FOR SERVICES 782,661 822,646 752,000 752,000 Horizon Lease Payment 170,711 193,944 215,000 215,000 Miscellaneous 8,167 54,722 6,500 6,500 Interest Income 38,533 62,155 35,000 35,000 TOTAL OTHER INCOME 217,410 310,821 256,500 256,500 TOTAL REVENUES 1,000,071 1,133,467 1,008,500 1,008,500 Transfer - General Fund 2,531,000 2,799,000 3,066,823 2,831,823 Transfer - CDC Five Star Maintenance 165,000 165,000 165,000 165,000 Transfer - CDC Fund Personnel 134,845 134,845 134,845 134,845 Transfer - Lake Parks Fund 35,000 35,000 35,000 35,000 TOTAL TRANSFERS 2,865,845 3,133,845 3,401,668 3,166,668 3,865,916 4,267,312 4,410,168 4,175,168 Non-Departmental 577 1,121 Parks & Recreation 2,306,322 2,389,634 2,631,156 2,649,918 Aquatic Park 464,825 514,096 532,188 560,533 Community Center 160,191 197,080 259,272 237,083 Capital - - - - TOTAL EXPENDITURES 2,931,914 3,101,931 3,422,616 3,447,534 OH COST 1,014,192 1,014,192 1,014,398 1,014,398 954,662 874,473 1,025,662 998,816 (80,189) 151,189 (26,846) (286,764) 874,473 1,025,662 998,816 712,052 81 91 82 60 TRANSFER IN PARKS FUND Revenue & Expenditure Projections Fiscal Year 2020-2021 TOTAL REVENUES & TRANSFERS EXPENDITURES CHARGES FOR SERVICES Parks & Recreation Aquatic Park Community Center EXCESS (DEFICIENCY) OTHER INCOME Working Days in Fund Balance ENDING FUND BALANCE BEGINNING FUND BALANCE Page 5 102 2017-2018 2018-2019 2019-2020 2020-21 Actual Actual Budget Budget CHARGES FOR SERVICES 12,283,971 11,642,408 12,697,500 13,332,375 6,218,840 6,311,393 6,779,000 7,117,950 21,640 20,530 20,000 20,000 479,695 410,823 450,000 450,000 382,736 311,895 350,000 350,000 356,102 579,359 350,000 150,000 109,633 151,001 80,000 80,000 Recycling Billing 34,921 37,243 15,000 15,000 Recycling Education Contribution 36,000 - 36,000 36,000 19,923,537 19,464,652 20,777,500 21,551,325 TRANSFERS IN 400,000 100,000 100,000 100,000 1,000,000 110,000 - - 1,400,000 210,000 100,000 100,000 TOTAL REVENUES & TRANSFERS 21,323,537 19,674,652 20,877,500 21,651,325 EXPENDITURES 5,257 36,968 259,500 459,500 3,902,156 3,665,451 4,009,490 4,045,169 1,484,404 1,452,386 1,267,835 1,305,306 1,262,366 1,223,696 1,339,609 1,462,519 747,103 808,796 1,222,694 1,324,313 1,929,697 2,090,568 2,274,148 2,402,648 Storm Water - Engineering 3,000 39,048 118,100 83,100 Storm Water - Public Works 89,338 137,786 157,932 160,960 Environmental 203,676 212,500 239,591 186,193 Capital - - - - 9,626,997 9,667,199 10,888,899 11,429,708 TRANSFERS OUT - - - - 7,000,000 6,000,000 6,000,000 7,720,000 - - - - 50,000 - TOTAL TRANSFERS OUT 7,000,000 6,000,000 6,050,000 7,720,000 16,626,997 15,667,199 16,938,899 19,149,708 OH COST 2,593,752 2,593,752 5,508,752 5,153,630 4,723,503 6,826,291 8,239,992 6,669,841 2,102,788 1,413,701 (1,570,151) (2,652,013) 6,826,291 8,239,992 6,669,841 4,017,828 130 165 108 60 Transfer - General Fund Transfer - Utility Debt Service Transfer - D. S. Revenue bonds Transfer - Special Projects Transfer - Capital Projects Admin TOTAL EXPENDITURES & TRANSFERS BEGINNING FUND BALANCE EXCESS (DEFICIENCY) ENDING FUND BALANCE Working Days in Fund Balance Wastewater Utility Administration Public Works TOTAL EXPENDITURES Transfer - Storm Water Utility Fund TOTAL TRANSFERS IN Non-Departmental Water Production Water Distribution Transfer - General Fund TOTAL REVENUES Water Service Wastewater Service UTILITY FUND Revenue & Expenditure Projections Fiscal Year 2020-2021 Reconnect Fees Penalties Tap Connection Fees Interest Income Miscellaneous Page 6 103 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget Revenues 6,223,548 7,449,109 8,500,766 8,437,600 49,852 61,958 40,000 40,000 45,927 - 30,000 30,000 34,658 27,667 25,000 25,000 202,653 115,126 150,000 75,000 Bond Proceeds 13,008,800 - -- 533,187 3,673 -- 20,098,625 7,657,533 8,745,766 8,607,600 TRANSFERS IN - - - - Transfers In - Engineering Inspections - - - - - - - - - - - - - - - - - - - - - - - - - Transfers In - Parking Lot (CDC)- - - - Transfers In - Parks 4B Projects - 5 Starr Comple - - - - - - - - TOTAL REVENUES & TRANSFERS 20,098,625 7,657,533 8,745,766 8,607,600 EXPENDITURES - - -- 67,367 - - 743,108 740,000 - - 175,130 174,798 - - Refunding Bonds - 2010/2001 529,400 532,000 - - Refunding Bonds - 2011/2002 690,612 696,084 697,072 698,896 Refunding Bonds - 2012/2003 &2007 365,513 220,163 227,588 225,263 154,306 151,756 154,206 151,506 Refunding Bonds - 2013/2004 GF/Utility 373,220 371,550 372,650 372,050 Refunding Bonds - 2014/2006 GF/Utility 269,072 268,732 269,624 268,264 Refunding Bonds - 2015/2005 &2007 GF/Utility 1,439,662 1,223,014 1,223,966 1,102,686 Refunding Bonds - 2020/2010 &2010A --157,781 898,590 Certificates of Obligation - 2014 221,792 221,603 221,624 221,887 Certificates of Obligation - 2016 1,131,125 1,127,801 1,133,313 1,133,488 Certificates of Obligation - 2018 253,321 1,092,150 1,094,265 1,084,185 Certificates of Obligation - 2019 - 241,353 996,080 995,972 Certificates of Obligation - 2020 -- - 759,934 Governmental Capital 10 year note (2)112,165 112,263 112,263 112,263 Equipment Capital Lease 10 year Oshkosh - 288,901 288,901 Governmental Capital 3 year note (1) - 227,381 227,530 227,530 199,462 285,436 200,000 200,000 TOTAL EXPENDITURES 6,725,255 7,686,084 7,376,863 8,741,415 Transfer - General Fund - - - - - Transfer - CIP 13,347,343 - - - - TOTAL EXPENDITURES & TRANSFERS 20,072,598 7,686,084 7,376,863 8,741,415 26,027 (28,551) 1,368,903 (133,815) 1,133,536 1,159,563 1,131,012 1,683,146 1,159,563 1,131,012 1,683,146 1,549,331 BEGINNING FUND BALANCE ENDING FUND BALANCE Certificates of Obligation - 2008 Certificates of Obligation - 2010 Certificates of Obligation - 2010A Certificates of Obligation - 2013 Fiscal Agent Fees & Other Transfers In - Hike & Bike Trail (CDC) TOTAL TRANSFERS IN Certificates of Obligation - 2007 TRANSFER OUT EXCESS (DEFICIENCY) Transfers In - General Fund Transfers In - EDC S. Colony Conn-Ph2 Transfers In - EDC - Cascades Transfers In - 4A Jackson Shaw/Memorial D Transfers In - EDC - Memorial Drive GENERAL DEBT SERVICE Revenue & Expenditure Projections Fiscal Year 2020-2021 Ag. Roll Back Taxes TOTAL REVENUES Current Property Taxes Delinquent Property Taxes Penalty & Interest Investment Income Misc Income Page 7 104 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget CHARGES FOR SERVICES - -- - 1,074 - - -- - 70,670 - Fees 442,248 454,591 400,000 400,000 - - - - 442,248 526,335 400,000 400,000 TRANSFERS IN Transfers In - EDC 4A 306,846 305,550 306,702 305,714 Water/Sewer Impact Fees 500,000 1,000,000 1,000,000 1,000,000 Revenue Bond Refunding Revenue Supported Debt Balance Transfer - - Transfers In - Utility Fund 7,000,000 6,000,000 6,000,000 7,800,000 Premium 399,048 394,334 - - 8,205,894 7,699,884 7,306,702 9,105,714 TOTAL REVENUES & TRANSFERS 8,648,142 8,226,219 7,706,702 9,505,714 EXPENDITURES Certificates of Obligation - 2007 ---- Certificates of Obligation - 2010 261,092 260,000 - - Certificates of Obligation - 2010A 35,870 35,802 - - General Obligation Refunding Bonds - 2011 218,088 219,816 220,128 220,704 Revenue Refunding Bonds 2012 (03,07,08)121,838 73,388 75,863 75,088 General Obligation Refunding Bonds - 2013 1,492,880 1,486,000 1,490,600 1,488,200 General Obligation Refunding Bonds - 2014 1,313,703 1,312,043 1,316,401 1,309,761 General Obligation Refunding Bonds - 2020 - - 30,053 171,160 Cetificate of Obligation - 2014 1,362,439 1,361,278 1,361,407 1,363,019 Cetificate of Obligation - 2015 828,150 823,650 823,450 827,350 Cetificate of Obligation - 2015 Refunding 677,488 575,536 575,984 401,264 Cetificate of Obligation - 2016 484,768 483,343 485,706 485,781 Cetificate of Obligation - 2018 28,147 121,350 121,585 120,465 Cetificate of Obligation - 2019 - 147,926 610,501 610,434 Cetificate of Obligation - 2020 - 759,935 Fees/Cost of Issuance 19,493 2,871 20,000 20,000 Transfer - CIP 1,155,000 - TOTAL EXPENDITURES 7,998,956 6,903,003 7,131,678 7,853,161 649,186 1,323,216 575,024 1,652,554 (839,737) (190,551) 1,132,665 1,707,689 (190,551) 1,132,665 1,707,689 3,360,242 Current Property Taxes Delinquent Property Taxes UTILITY TAX SUPPORTED DEBT Revenue & Expenditure Projections Fiscal Year 2020-2021 EXCESS (DEFICIENCY) BEGINNING FUND BALANCE ENDING FUND BALANCE Premium Penalty & Interest Investment Income TOTAL REVENUES TOTAL TRANSFERS IN TRANSFER OUT Page 8 105 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget CITY SALES TAXES Sales Tax Revenues 3,365,156 3,833,032 3,600,718 3,600,000 Investment Income 86,398 154,026 90,000 50,000 Bond Proceeds - - - - Miscellaneous Revenue - 5,658 - - TOTAL REVENUES 3,451,554 3,992,716 3,690,718 3,650,000 EXPENDITURES Personnel Services 414,098 444,880 481,006 494,565 Contractual Services 40,726 47,642 121,500 121,500 Marketing 164,930 166,910 425,000 425,000 Supplies 12,769 11,806 18,300 18,300 Maintenance 216 712 1,500 1,500 Economic Development Incentives 180,776 324,942 475,000 475,000 Grant Program 4,300 2,520 25,000 25,000 Debt Service - Land 610,824 610,032 606,480 607,488 Cost of Issuance - - - - Capital/Land - - - - Capital/SUV 47,000 - Property 500,119 - - - Sales Tax Rebate 162,403 176,974 250,000 250,000 TOTAL EXPENDITURES 2,091,161 1,786,418 2,450,786 2,418,353 TRANSFERS OUT Transfer Out - General Fund BPP - - - - Transfer Out - GF Cap Contribution - - - - Transfer Out - GDSF 154,307 151,756 154,207 151,206 Transfer Out - GDSF 244,379 241,950 244,813 244,396 Transfer Out - GDSF 49,394 51,470 49,457 49,610 Transfer Out - UFDS 306,846 305,550 306,702 305,714 TOTAL TRANSFERS OUT 754,926 - 750,726 - 755,179 750,926 TOTAL EXPENDITURES 2,846,087 2,537,144 3,205,965 3,169,279 OH COST 71,380 71,380 71,380 71,380 EXCESS (DEFICIENCY) 534,087 1,384,192 413,373 409,341 BEGINNING FUND BALANCE 7,037,932 7,572,019 8,956,211 9,369,584 ENDING FUND BALANCE 7,572,019 8,956,211 9,369,584 - 9,778,925 ECONOMIC DEVELOPMENT - TYPE A SALES TAXES Revenue & Expenditure Projections Fiscal Year 2020-2021 Page 9 106 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget CITY SALES TAXES 3,365,156 3,833,032 3,600,718 3,600,000 86,620 149,401 100,000 50,000 Miscellaneous 500 500 - 3,452,276 3,982,933 3,700,718 3,650,000 TRANSFERS IN Transfer from General Fund - - - Transfer from Capital Projects Fund - - - TOTAL TRANSFERS IN - - - - - TOTAL REVENUES & TRANSFERS 3,452,276 3,982,933 3,700,718 3,650,000 EXPENDITURES-OPERATIONAL 135,535 188,445 205,408 221,655 45,161 27,327 46,200 46,200 1,040 1,680 3,650 3,650 34,308 68,136 45,100 45,100 Existing Park Improvements 3,078,000 375,000 2,917,000 0 Early Prinicipal Payment 1,506,728 - 0 Park Dedication Fee - 0 Sales Tax Rebate 162,403 176,973 201,500 201,500 17,182 3,456,447 2,361,471 3,418,858 518,105 TRANSFERS OUT Trnsfr Out - GDSF (Complex Debt)529,400 532,000 - 0 Trnsfr Out - Parks Fd (Five Star Maint.)165,000 165,000 165,000 165,000 Trnsfr Out - GDSF (Hike & Bike Trail)131,600 128,400 131,000 131,000 Trnsfr Out GDSF (Parking Lot)64,867 64,554 66,091 66,091 Trnsfr Out - Parks Fund (Personnel)134,845 134,845 134,845 134,845 TOTAL TRANSFERS OUT 1,025,712 - 1,024,799 - 496,936 496,936 TOTAL EXPENDITURES & TRANSFERS 4,482,159 - 3,386,270 - 3,915,794 1,015,041 OH COST 35,690 35,690 35,690 35,692 (1,065,573) 560,973 (250,766) 2,599,267 3,468,138 2,402,565 2,963,538 2,712,772 2,402,565 2,963,538 2,712,772 5,312,039 Sales Tax Revenues Investment Income COMMUNITY DEVELOPMENT - TYPE B SALES TAXES Revenue & Expenditure Projections Fiscal Year 2020-2021 TOTAL EXPENDITURES EXCESS (DEFICIENCY) BEGINNING FUND BALANCE ENDING FUND BALANCE TOTAL REVENUES Personnel Services Capital Outlay Contractual Services Supplies Maintenance Page 10 107 2017-2018 2018-2019 2019-2020 2020-2021 Actual Actual Budget Budget REVENUES Assessment 1,531,455 1,500,580 1,279,829 1,672,426 Interest Income 81,604 157,693 - - Misc 25,000 26,128 - - TOTAL REVENUES 1,638,059 1,684,401 1,279,829 1,672,426 EXPENDITURES Personnel Services 589,063 399,679 614,360 703,813 Contractual Services 590,738 741,411 704,350 686,100 Supplies 25,993 4,980 1,600 1,000 Maintenance & Utility 44,481 342,063 225,000 225,000 Inspections 42,024 5,873 - - Capital Outlay - - - - TOTAL EXPENDITURES 1,292,299 1,494,006 1,545,310 1,615,913 ADDED ENHANCEMENT SERVICES - INSPECTIONS - - 81,691 60,245 345,760 190,395 (347,172) (3,732) 213,193 558,953 749,348 402,176 558,953 749,348 402,176 398,444 BEGINNING FUND BALANCE ENDING FUND BALANCE TIRZ ONE PID Revenue & Expenditure Projections Fiscal Year 2020-2021 EXCESS (DEFICIENCY) Page 11 108 LAKE PARKS FUND Revenue & Expenditure Projections Fiscal Year 2020-2021 CHARGES FOR SERVICES Fees & Permits 176,259 165,971 160,000 160,000 Concession Revenues 1,539 1,129 1,000 1,000 Tribute Lease 69,350 110,480 60,000 60,000 Old American Lease 26,323 - 28,000 28,000 Blue Sky 12,638 12,570 12,000 12,000 Marine Quest 95,297 190,882 90,000 90,000 Investment Income Mitigation Fees - - Miscellaneous 5,012 60 TOTAL REVENUES 386,418 481,092 351,000 351,000 EXPENDITURES Contractual Services 71,695 69,254 85,565 85,565 Supplies 9,242 11,736 8,350 8,050 Maintenance 23,378 22,099 28,100 28,100 Non -Capital - Other Equipment 1,968 - - - Capital Outlay 381,480 172,352 390,000 - TOTAL EXPENDITURES 487,763 275,441 512,015 121,715 TRANSFERS OUT Transfer to Parks Fund 35,000 35,000 35,000 35,000 TOTAL TRANSFERS OUT 35,000 35,000 35,000 35,000 EXCESS (DEFICIENCY) (136,345) 170,651 (196,015) 194,285 BEGINNING FUND BALANCE 928,994 792,649 963,300 - 767,285 Page 12 109