City of l\finen1! \Velis P 0 Box 460, 1\tinenil \Velis, Texas 76068 Telephone: 940.328.7700 Fa.\: 940,328.7704 NOTICE OF MEETING
The Mineral Wells City Council will hold a regular meeting at 6:00 p.m. on Tuesday, May 7, 2019 in the City Council Chambers at the City Hall Annex, 115 S.W. JS' Street, Mineral Wells, Texas to consider the following agenda:
Call to Order Invocation-Reverend Brian Nierman of First Christian Church of Mineral Wells Pledges of Allegiance to U.S. and Texas Flags
CITIZEN COMMENT Citizells must provide informotioll required Oil Speake1· Card. The Speaker Card must be given to lite City Clerk before tlte meetillg starts. Tlte Council requests tltat commellls be limited to tltree (3) minutes. Tlte Texas Opell Meetings Act provides the fol/owillg: (a) If, 111 tt meeting oftt governmentttl bot{J" a member ofthe public or ofthe governmelllttl body inquiries about a subject for wlliclz notice /tas not been given as required by this subcltapter, the notice provisions oft/tis subcltapter tlo llOI ttpply to: (I) tt statement ofspecific factual informatioll given in respollse to the inquiry; or (2) a recitation ofexisting policy in response to tile inquiry. (b) Any delibemtion of or decision about the subject of the inquiry sltal/ be limited to a proposal to pl11ce the subject 011 tlte agenda for a subsequent 111eeti11g.
CONSENT AGENPA
( 4) I. Consider approval of minutes of meeting held April 16, 2019.
( 1 O) 2. Consider approval of budgeted expenditures over $500.
( 11 ) 3. Consider and take action on pay request from Parker, Smith & Cooper, Inc. (formerly Schrickel, Rollins and Associates, Inc.) in the amount of$34,400.00 for professional engineering services on the 2018 Street and Utilities Improvement Bond Projects.
ITEMS FOR INPIVIPUAL CONSIDERATION
( 15 ) 4. Conduct a Public Hearing, consider and take any necessary action regarding a Final Plat of 3705 Hwy 180 East, being a 0.861 acres, Abstract 701, Tract 10, Texas and Pacific Railway Company Survey #13, to Lot 1, Block A, Panda Express Addition, Mineral Wells, Palo Pinto County, Texas.
( 19) 5. Receive a presentation, and discussion, on an Economic Development Plan.
( 9 2 ) 6. Consider and take action on a resolution establishing a Library Fine Free Pilot Program.
Mineral Wells City Council Agenda Page I of3 ( 97) 7. Receive update by Mayor Perricone related to his appointment on the North Central Texas Emergency Communications 9-1-1 District Board.
( 9 8 ) 8. Consider and take action for Award of Bid in the amount of $192, 125.00 to Peachtree Construction, LTD. for the Holiday East Paving Project (Bond Program).
( 101) 9. Consider and take action on approval of plans and specifications and authorization to advertise and receive bids for the 2019 Paving Improvements.
( 106 ) 10. Consider and take action approving a resolution to execute a Consortium Agreement for sponsoring a Paramedic program with PERCOMOnline Inc. and authorize the Mayor to execute same.
(115) 11. Consider and take action on a resolution establishing signatories on all City of Mineral Wells bank accounts.
(118) 12. Consider and take action authorizing staff to accept a grant from the U.S. Department of Agricnlture.
(142) 13. Consider and take action on reimbursements of Councilmembers interested in attending the TML Small Town Conference.
14. Future agenda items/requests by Councilmembers to be on next agenda-Councifmembers sha/l 11ot comment upon, deliberate, or discuss any item that is not on the agenda. Councifmembers shall 11ot make routine inquiries about operations or project status 011 an item that is not posted. Any Councilmember may, however, state an issue and a request that this issue be placed on a future agenda.
15. Executive Session: In accordance with Texas Government Code, Chapter 551, Subchapter D, the City Council will recess into Executive Session (closed meeting) to discuss the following:
a) § 551.071: Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter regarding: (i) Complaint from Director of Finance; (ii) Texas Commission on Fire Protection Compliance Inspection Guidelines for 2019, Mineral Wells Fire Department and Mineral Wells Volunteer Fire Department; (iii) Amendment to Funding Agreement with Texas UASWERX; (iv) TxDOT Rights-of-way Acquisition; (v) Southwire Company, LLC conveyance, and (vi) Lease agreement with Holiday Hills Country Club, Inc., Assignment of Recreational Use Agreement to Holiday Hills Golf Course, LP, and a tract of land being 6.548 acres, more or less, out of the T&P RR Co. Survey, Abstract Nos. 701 and 1633, as described in a Quit Claim Deed from the United States of America to the City of Mineral Wells, as filed in Vol 614, Page 86, Palo Pinto County, Texas.
b) § 551.072: To deliberate the purchase, exchange, lease, or value of real property regarding: (i) TxDOT Rights-of-way Acquisition, (ii) Lease agreement with Holiday Hills
Mineral Wells City Council Agenda Page 2 of3 Country Club, Inc., Assignment of Recreational Use Agreement to Holiday Hills Golf Course, LP, and a tract ofland being 6.548 acres, more or less, out of the T &P RR Co. Survey, Abstract Nos. 701and1633, as described in a Quit Claim Deed from the United States of America to the City of Mineral Wells, as filed in Vol 614, Page 86, Palo Pinto County, Texas; and (iii) conveyances to Southwire Company, LLC.
c) § 551.074: Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, or to hear a complaint or charge against an officer or employee: Complaint from Director of Finance.
16. Reconvene into open session: In accordance with Texas Government Code, Chapter 551, and the City Council will reconvene into Regular Session to consider action, if any, on matters discussed in Executive Session.
( 14 7 ) 17. Consider and take action on a resolution approving an assignment of a Recreational Use Agreement to Holiday Hills Golf Course, LP.
( 18 3 ) 18. Consider and take action on a resolution authorizing the Mayor to execute conveyance documents to Southwire Company, LLC for 3800 S.E. Industrial Parkway, Mineral Wells, Texas 76067 and 501 Tradeway, Mineral Wells, Texas 76067.
19. Appreciation presentation.
20. Adjourn.
Notes: Disabled persons requiring special assistance are requested to notify tlte City ofMineral Wells 24 /tours in adva11ce oftlte meeting by calling the City Clerk's office at 940.328.7702.
Tlte City Council reserves tlte rig/it to meet in Executive Session closed to the public at any time i11 the course ofthis meeting to discuss matters listed 011 the age11da, as authorized by tlte Texas Open Meetings Act, Texas Govemment Cotle Chapter 551, including §551.071, (private consultation witlt the attorney for tlte City); §551.072 (purchase, exchange, lease or value of real property); §551.074 (personnel or to hear complaints against personnel); §551.076 (deployment, or specific occasions for implementation of security personnel or devices); and §551.087 (economic tlevelopment 11egotiatio11s). Any decision lteltl 011 such matters will be taken or comluctetl in Open Session following tlte co11cl11sio11 of the Executive Session.
State of Texas § City of Mineral Wells §
I hereby certify that notice of this meeting of the Mineral Wells City Council was posted by 6:00 o'clock pm on the 3'd day of May, 2019.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3" day of May, 2019.
Page 3 of3 MINUTES REGULAR MEETING MINERAL WELLS CITY COUNCIL CITY HALL ANNEX April 16, 2019 - 6:00 pm
Audio recordings of the City Council meetings are available on the City's website at mineralwellstx.gov
City Councilmembers present were Mayor Christopher M. Perricone, Mayor Pro-Tern Tammy Underwood, Councilmembers Brian Shoemaker, Regan Johnson, Jerrel Tomlin, Beth Watson and Doyle Light. A quorum of City Councilmembers was present.
Staff members present were Interim City Manager Margie Rose, Finance Director John Moran, Police Chief Dean Sullivan, Fire Chief Mike Pool, Public Works Director Bob Neal, City Clerk Peggy Clifton, and City Attorney's Andy Messer and Will Trevino.
Mayor Perricone called the meeting to order. Councilmember/Reverend Jerrel Tomlin led the invocation, and the Pledges of Allegiance to the U.S. and Texas flags were recited.
CITIZEN COMMENT
Three people had signed to speak and Mayor Perricone recognized each in turn. Jeff Longspaugh of 7617 Skylake Drive, Fort Worth just wanted to introduce himself. Gary McConnell of 1717 S. Keller Road had signed to speak but was not present when called. Robert Avants of 201 NE 27th Street spoke regarding the youth of Mineral Wells.
Following a motion made by Ms. Johnson, seconded by Mr. Light, the following CONSENT AGENDA was approved by a vote of 6-0-1 with Mayor Perricone abstaining:
1. Consider approval of minutes of meetings held April 2, 2019.
2. Consider approval of budgeted expenditures over $500.
3. Consider approval of Financial Report for the month ended January 2019.
4. Consider approval of Bond Report for the month ended March 2019.
ITEM # I 05/07/2019
11 •· -4- 5. Consider approval of Change Order No. 2 and Pay Application No. 7 to B&L Construction Co. in the amount of $114,985.26 for the 16-inch Water J,ine Installation Project (Phase I) on US Hwy. 180 West.
ITEMS FOR INDIVIDUAL CONSIDERATION
6. Mayor Perricone opened a Public Hearing at 6:09 to consider and take any necessary action regarding a re-plat of 315 Pasadena Blvd, being 0.551 acres, Lots 11-13, Block 1, of the Pasadena Heights Addition, Mineral Wells, Palo Pinto County, Texas to Lots 11R and 13R, Block 1, of the Pasadena Heights Addition, Mineral Wells, Palo Pinto County, Texas. Mrs. Rose stated that at its meeting on April 1, the Planning and Zoning Commission approved the re-plat for the applicant to be able to place a manufactured home on the land. Mayor Perricone closed the Public Hearing at 6:11. Mr. Shoemaker moved and Mrs. Underwood seconded to approve a re-plat of 315 Pasadena Blvd, being 0.551 acres, Lots 11-13, Block 1, of the Pasadena Heights Addition, Mineral Wells, Palo Pinto County, Texas to Lots 11R and 13R, Block 1, of the Pasadena Heights Addi ti on, Mineral Wells, Palo Pinto County, Texas. Motion carried 6-0-1 with Mayor Perricone abstaining.
7. Mrs. Rose stated that the Planning and Zoning Commission did recommend the re-plat of 3705 Hwy 180 East, being a 0.861 acres, Abstract 701, Tract 10, Texas and Pacific Railway Company Survey #13, to Lot 1, Block A, Panda Express Addition, Mineral Wells, Palo Pinto County, Texas. This is a final plat and was listed as a re-plat. It will go back to the Planning and Zoning Commission to be approved as a final plat and then be brought back to Council. No action taken.
8. Mayor Perricone opened a Public Hearing at 6:12 to consider and take any necessary action regarding a re-plat of a property located at the NE corner of SE 14th Avenue and SE 16th Street, being 4.52 acres of Tract 3, Abstract AB1139TRH Barnett Survey & Abstract AB705TR33 T&PRY CO #25 Survey, Mineral Wells, Palo Pinto County, Texas to Lot 1, Block 1, of the Peaks Addition, Mineral Wells, Palo Pinto County, Texas. Mrs. Rose stated that at its meeting on April 1, the Planning and Zoning Commission approved the re-plat for the applicant to build the 83 townhome type apartments. Mayor Perricone closed the Public Hearing at 6:13. Mrs. Watson moved and Mr. Tomlin seconded to approve a re-plat of a property located at the NE corner of SE 14th Avenue and SE 16th Street, being 4. 52 acres of Tract 3, Abstract
21 -5- AB1139TRH Barnett Survey & Abstract AB705TR33 T&PRY CO #25 Survey, Mineral Wells, Palo Pinto County, Texas to Lot 1, Block 1, of the Peaks Addition, Mineral Wells, Palo Pinto County, Texas. Motion carried 7-0.
9. Mrs. Rose stated that Council approved this item on March 5, 2019 but the ordinance was not attached at that time. This item is to make the correction and approve the ordinance. Mr. Light moved and Ms. Johnson seconded to approve an ordinance amending the City of Mineral Wells Zoning Classification on two properties located at the corner of SE 14th Avenue and SE 16th Street, Mineral Wells, Palo Pinto County, Texas, a 2.92 ± acre tract of property, being tract 3, abstract abll39tr3h, Barnett survey and a 1.39± acre lot, being tract 33, abstract ab705, T&PRY co #25 survey, from (CF) Community Facilities Zoning District to (MF) Multifamily Zoning District; providing a penalty not to exceed two thousand and no/100 dollars ($2,000.00) for each offense; providing severability, repealing and savings clauses; providing an effective date; and providing for the publication of the caption hereof. Motion carried 7-0.
10. Mrs. Rose stated that Council had allocated $50,000 for the South East Park Project. Kathy Boswell of the Parks and Recreation Advisory Board stated that Sanford LaHue of Shrickel, Rollins & Associates helped to guide the Board through this process. She said the first step was to do the Topographic Survey and the second step would be to do a Concept Plan.
The Topographic Survey ($2,500) would be conducted by a surveyor who will perform the required field work to obtain all physical items within the limits and adjacent to South East Park. The Concept Plan ($5, 000) will be developed for the entire park site, including a new playground and other park elements as recommended by the Parks and Recreation Advisory Board. The end result will be a scaled drawing and a color exhibit depicting all of the proposed park improvements.
During the April 3, 2019 Parks and Recreation Advisory Board meeting, the Board recommended the use of $7,500 from the South East Park allocated funds of $50,000 for the Topographic Survey and Concept Plan. After much discussion, Ms. Johnson moved and Mr. Light seconded to approve the use of $7,500 from the South East Park allocated funds of $50,000 for a Topographic Survey and Concept Plan. Motion carried 6-1 with Mayor Perricone voting against.
3 I -6- 11. Alex Rodriguez of Zenergy Zero Cost Program gave a presentation. No action taken.
12. Mr. Moran stated that City Council previously authorized staff to solicit a Request for Proposal (RFP) for a Utility Cost of Service Study as it relates to our Water and Wastewater Utility. A Request for Proposal was subsequently issued, and NewGen Strategies was eventually selected to perform the study.
As a result of the study, water rates were ultimately adjusted for our inside city customers. It has been quite some time since the cost of service for water has been evaluated for our wholesale customers. Since NewGen Strategies retains a copious amount of data from our earlier rate study, it should be relatively easy for them to transition into the Cost of Service Study with our wholesale customers. Approximately $35,000 has been previously budgeted in the Water Utility Fund for this part of the study.
This study is slated for our wholesale water customers only, not for inside City customers. These wholesale customers are: City of Graford; Millsap Water District; North Rural Water Supply; Palo Pinto Water Supply Corporation; Santo Special Utility District; and Sturdivant Progress Water Supply Corporation. Mrs. Watson moved and Mrs. Underwood seconded to approve Task Authorization Number 3 with NewGen Strategies & Solutions for an Evaluation of Wholesale Water Rates and authorize the Interim City Manager to execute any associated contractual documents. Motion carried 6-1 with Mayor Perricone voting against.
13. Mr. Moran stated that Lloyd Gosselink was procured in 2007 and the City has been using them for various water issues through the years. He said it was time to take a look at the contract to see if a supplement was needed. As NewGen Strategies will be performing a Cost of Service Study in reference to our wholesale customers, any necessary adjustments that they may identify will need to be transferred to a contractual document. Approximately $15,000 had been previously budgeted in the Water Utility Fund for this part (Legal Fees) of the study. This project is intended for our wholesale water customers only. Mrs. Underwood moved and Mr. Light seconded to approve a Supplementary Engagement Letter with Lloyd Gosselink for Wholesale Water Supply Contractual Legal Services and authorize the Interim City Manager to execute any associated contractual documents. Motion carried 7-0.
41 -7- 14. Mr. Moran stated that this was for financing various equipment that was approved in the budget. This is to acquire a Fire Command Vehicle; one mid-size van for Information Technology; one Water Tank Truck for Streets; and one ~Bat Wingn Tractor Mowing Deck for Parks and Recreation for a total of approximately $223,000 in principle payments. The City Council had previously authorized the solicitation of a Request for Proposal (RFP) for associated financing. One response was from First Financial Bank and one response was from Government Capital. First Financial Bank proposed an interest rate of 3. 39%, and Government Capital proposed an interest rate of 2.99% for the recommended term of 36 months. Discussion was held regarding the difference of $800 a year for three years in comparison to using a local bank to keep the dollars local. Mr. Light moved and Ms. Johnson seconded to award the RFP to First Financial Bank at an interest rate of 3.39% and authorize the Mayor to execute any associated financial documents. Motion carried 6-1 with Mayor Perricone voting against.
15. Mayor Perricone mentioned moving Item #7 to another meeting. Mrs. Rose stated that there will be a future agenda item related to the Recreational llse Lease at the Holiday Hills Country Club. Mr. Light asked Mayor Perricone to provide an update on the 911 Council of Governments District that the Mayor is representing us on. Mrs. Watson asked that Council consider a formal process to evaluate the employees that the Council directly supervises and have that on a future agenda.
16. Executive Session: Mayor Perricone moved and Mr. Light seconded to table Item #1 duties and roles of Mayor, City Council Members, City Manager and City Clerk until the new City Manager arrives. Motion carried 4-3 with Councilmembers Johnson, Underwood, and Watson voting against.
Mayor Perricone announced that in accordance with Texas Government Code, Section 551.001, et seq., the City Council will recess into Executive Session (closed meeting) at 7:29 to discuss the following:
a. §551.071(2): [Consultation with Attorney] To consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code regarding: (ii) Texas lJASWERX agreement. s I -8- 17. Reconvene into Open Session: Mayor Perricone announced that in accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Regular Session to consider action, if any, on matters discussed in Executive Session at 8:23. No action taken.
18. Ms. Johnson moved and Mr. Light seconded to approve a resolution of the City of Mineral Wells, Texas approving and authorizing the Mayor to execute a Funding Agreement between the City of Mineral Wells, Texas, Texas UASWERX, the Mineral Wells Industrial Foundation, Inc., and Envision Mineral Wells Foundation, Inc., in order to establish an Unmanned Aerial Systems ("UAS") Training, Testing, and Flight Operations Center at the Mineral Wells Regional Airport; and providing for an effective date. Motion carried 7-0.
11. There was no further business and the meeting adjourned at 8:24 p.m.
Christopher M. Perricone, Mayor ATTEST:
Peggy Clifton, City Clerk
APPROVED:
61 . 9. PAYMENT APPROVAL~ RATIFICATIONS 5/7/19 COUNCIL MEETING - EXPENDITURES OVER $500 APPROVALS BUDGETED FUND VENDORS DESCRIPTION/BUDGET INFORMATION AMOUNT %SPENT AMOUNT FOOTNOTE GENERAL Clarke Mosquito Control Mosquito spray for the community $25,000.00 82.36 $2,561.9 GENERAL Dell, Inc. laptop and dock for new City Manager $75,000.0 71.69 $2,103.8 GENERAL City of Weatherford Annual Library sofuvare fees for Consortium Membership $100,000.0 92.84 $1,500.00 GENERAL GovConnections Security Awareness Training/Testing -Annual Subscription $100,{}00.0 92.84 $1,799.5 GENERAL Zimmerer Kubota Parts and labor to fix Unit #808 $100,000.0 48.57 $740.2 GENERAL O'Reilly Parts to fix Unit #181 $130,000.0 32.59 $548.72 GENERAL Coo! Boss Portable Evaportive Cooter for fleet $10,500.0 92.15 $1,000.0 GENERAL American lire Distributors 11res for Unit #393 $35,000.0 26.3 S857.m GENERAL FBl-LEEDA Tuition for 1. Hamscher-Exectutive leadership Institute $17,000.0 75.04 $695.0 GENERAL Hampton Inn and Suites Room for J. Hamscher - Training $17,000.0 75.04 $546.92 GENERAL Vortech Pharmaceutical Fatal Plus Solution for the Animal Shelter $35,000.0 90.33 $704.8 GENERAL Northern Tool & Equipment Tools for Fire Department $7,000.0 26.05 $2,527.9 GENERAL Mid-South Lumber Trench shoring materials (meet OSHA standards} $18,000.0 30.53 $6<0.0 GENERAL Casco Bunker gear replacement $45,000.0C 50.17 $14,8865 GENERAL Rock N Rescue Air system manifold NFPA $35,000.0 88.72 $2,695.0 GENERAL Breathing Air System 50 ft. air hose for NFPA manifold $35,000.0 88.72 $750.0 GENERAL Target Solutions Premier memberships - 6 additional firefighters $106,000.w 100.77 $534.0 1 GENERAL Cool Boss Portable Evaportive Cooler for the pool $175,000.0 13.9 $1,000.0 GENERAL City of Denton TAAF Youth Volleyball Regional Registration Fees $20,000.0l 24.17 $525.lli GENERAL Furr Building Materials Materials to repair cemetery fence/car accident $4,000.0 70.51 $769.65 2 GENERAL Ingram library Services New books for all collections $40,000.0 46.06 $9,558.5 GENERAL Swank Movie licensing License renewal ~Copyright Compliance $7,500.0l 5.27 $54S.0
WATER Northern Tool & Equipment Self-priming semi-trash water pump $10,000.0 29.91 $539.• WATER Northern Tool & Equipment Stihl Cutquik Saw $13,000.0 57.77 $1,014.S WATER Machining & Valve Automation Backup & replacement parts for ammonia & chlorlne system $25,000.01 45.56 $1,414. WATER Core & Main 18" Hymax Coupling $17,500.0 58 $1,154.f WATER Wallace Controls & Electric Equipment to control flow of water into filters at Hilltop $4,000.0 0 $1,9S2. WATER Mineral Wells Index Legal Notice from TCEQ $50,750.0 5.5 $807.0 WATER Atlas Utility Supply Co. Water meter registers for cellular transmitters $50,000.0 13 $2,500.C WATER Tex Training Surface Water Production 1 Class - 2 students/Facility Maint. $5,000.rn 15.8 $410.11 3 WATER Tex Training Surface Water Production 1 Class - 2 students/Hilltop $3,500.0 93.81 $410.C 3 WATER Tex Training Surface Water Production 1 Class - 1 student/WWTP $10,000.0 28.99 $205.C 3 WATER Tex Training Surface Water Production 1 Class - 2 students/Public Works $5,500.0 99.74 $410.C 3&4 WATER Tex Training Waste Water Treatment Class - 2 students/Facility Maint. $5,000.0 15.8 $340.C 5 WATER Tex Training Waste Water Treatment Class -1 student/Hilltop $3,500.0 93.81 $170.C 5 WATER Tex Training Waste Water Treatment Class • 1 student/WWTP $10,000.0 28.99 $170.C 5 WATER Tex Training Waste Water Treatment Class - 2 students/Water Distr. $6,000.0 50.8 $340.0 5 WATER Tex Training Surface Water Production 2 Class- 2 students/facility Maint. $5,000.0 15.8 $380.0 6 WATER Tex Training Surface Water Production 2 Class - 2 students/Hilltop $3,500.0 93.81 $380.0C 6 WATER Tex Training Surface Water Production 2 Class - 1 student/WWTP $10,000.0 28.99 $190.0 6 WATER Tex Training Surface Water Production 2 Class· 2 students/Water Distr. $6,000.u so.a $380.0 6
AIRPORT Epic Aviation AvGas and Jet A Fuel for resale $530,000.0! 53.72 $105,000.0 SUBTOTAL: $165,656.86 RATIFICATIONS
BUDGETED FUND VENDORS DESCRIPTION/BUDGET INFORMATION AMOUNT %SPENT AMOUNT GENERAL Fairfield Inn and Suites Spillman Flex SAA Certification • lodging for J. Richardson $1,750.Q( S6.99 $622.09 I GENERAL Fairfield Inn and Suites Spillman Flex SAA Certification - lodging for N. Davis $17,000.0 75.04 $622.09 GENERAL Aqua-Rec, Inc. Accu-Tab- pool chemicals $175,000.0 13.9 $2,620.0 AIRPORT Tapit Fire Protection Repair to Downing Hangar sprinkler svstem $27,000.0 29.5 $1,07S.8 I
SUBTOTAL: $4,940.0 TOTAL: ~170,596.91 1 NOTRAC grant money for trammg ($13K) should be In by June 2 Insurance claim 3 Same PO/Invoice - broken down by department 4 Will submit a budget amendment for training 5 Same PO/Invoice - broken down by department 6 Same PO/Invoice· broken down by department
-10- AGENDA ITEM COMMENTARY
ITEMTITLE
Consider and take action on pay reqnest from Parker, Smith & Cooper, Inc. (fo1merly Schrickel, Rollins and Associates, Inc.) in the amount of $34,400.00 for professional engineering services on the 2018 Street and Utilities Improvement Bond Projects.
INITIATOR/STAFF INFORMATION SOURCE
Public Works I Bob Neal, Director of Public Works
BACKGROUND
On March 20, 2018, City Council approved a Resolution awarding a Contract for Engineering Services with Schrickel, Rollins, and Associates, Inc. in association for the 2018 Street and Utilities Improvement Bond Projects.
The invoice sw11maries for professional engineering services received from Parker, Smith & Cooper, Inc. (fonnerly Schrickel, Rollins and Associates, Inc.) are as follows:
US Hwy. 180 West Water line Project Phase II & III- Invoice No. 01286218.00-2 Engineering Design ...... $ 18 900.00 Total Invoice Amount ...... $ 18,900.00
SE 12th St/Travis St. - Street & Utilities Improvements Projects - Invoice No. 01097518.00-3 Basic Services ...... $ 15,500.00 Total Invoice Amount ...... $ 15,500.00
Total Amount Due ...... $ 34,400.00
EXHIBITS
Invoices received from Parker, Smith & Cooper, Inc. (formerly Schrickel, Rollins and Associates, Inc.) dated April 16, 2019.
COUNCIL ACTION
Approve/Disapprove payment to Parker, Smith & Cooper, Inc. (formerly Schrickel, Rollins and Associates, Inc.).
RECOMMENDATION
Staff recommends coWlcil approve payment to Parker, Smith & Cooper, Inc. (formerly Schrickel, Rollins and Associates, Inc.) in the amoWlt of $34,400.00 for professional engineering services on the 2018 Street and Utilities Improvement Bond Projects.
Item Number ~3=--- Meeting Date 05/07/2019 -11- ~· ~lf'A'~g~[j~~EL "' . •: . · !lm!l!l,1111! lil..,!llfSi! ,,,,,,., .. ' b: ·,,,,,' PARKHILLSMITH&COOPER ., •, :•1 .:/:; Total Due this Invoice $18,900,00
Mr. Bob Neal April 16, 2019 Director of Public Works Invoice No: 01286218.00. 2 City of Mineral Wells P.O. Box 460 Mineral Wells, TX 76068
Project 01286218.00 Mineral Wells-Hwy180 West Phase II & Ill 16" Water Line in U.S. Highway 180 West from S.W, 25th Avenue to Indian Creek Road Professional Services from February 1, 2019 to March 31, 2019 Task Design Survey Fee Total Fee 14,000,00
Percent Complete 100.00 Total Earned 14,000.00 Previous Fee Billing 14,000,00 Total Fee o.oo
Task Subtotal 0.00
Task Engineering Design Fee Total Fee 126,000.00
Percent Complete 15.00 Total Earned 18,900.00 Previous Fee Billing 0.00 Total Fee 18,900.00
Task Subtotal $18,900.00
Task Construction Staking Fee Total Fee 9,000.00
Percent Complete 0.00 Total Earned 0.00 Previous Fee Billing 0.00 Total Fee 0.00
Task Subtotal 0.00
Task CA/CO
RETURN REMITTANCE Please send payment to our Lubbock offlce: 4222 85111 Street, Lubbock, Texas 79423 COPY WITH PAYMENT. THANKYOUI team-psc.com -12- Project 01286218.00 Mineral Wells-Hwy180 West Phase II & Ill Invoice 2 Fee Total Fee 16,000.00
Percent Complete 0.00 Total Earned 0.00 Previous Fee Billing 0.00 Total Fee 0.00
Task Subtotal 0.00
Total Due this Invoice $18,900.00
Outstanding Invoices Number Date Balance 1 2/25/2019 14,000.00 Total 14,000.00
RETURN REMITTANCE Please send payment to our Lubbock office: 4222 85th Street, Lubbock, Texas 79423 COPY WITH PAYMENT, THANK YOU! leam·psc.com
Page 2 -13. iscHRICKEL ROLLINS ~·~~,l!ililll.. ----~------.-~------· -----·- - PARKHILLSMITH&COOPER
Total Due this Invoice $15,500.00
Mr. Bob Neal April 16, 2019 Director of Public Works Invoice No: 01097518.00 - 3 City of Mineral Wells P.O. Box 460 Mineral Wells, TX 76068
Project 01097518.00 2018 St & Utility lmpv Projects-SRA 5392 Professional Services from February 1, 2018 to March 31, 2019 Professional Services rendered on the above referenced project from Feb. l, 2019 through March 31, 2019 in accordance with our Contract for Engineering Services dated March 26, 2018. Services during this time period included preparing paving plan profile sheets on S.E. 12•h Street, Travis Street and S.W. 15'" Street and utility plan-profiles on S.W. 4'" Avenue, N.W. s'" Avenue, N.W. 131h Avenue and N.W.101h Avenue. Total Payment Contract Previously Requested BASIC SERVICES Amount Billed This Invoice
1. Municipal Hwy. 379 $30,000 $30,000 $0
2. S.E. 12th St./Travis St./S.W. 15th St. S.W. 4th Ave./N.W. 5th Ave./N.W.13th St. N.W. 15th St./N.E. 10th St. $155,000 $32,000 $15,500
ADDITIONAL SERVICES
1.5.E. 12'h St./Travis St./S.W. 15th St. S.W. 4th Ave./N.W. 5th Ave./N.W. 13th St. N.W. 15th St./N.E. 10th St. $30,000 $28,500----- $0
Total Amount Due This Invoice...... = $ 15,500
RETURN REMITTANCE Please send payment to our Lubbock office: 4222 85t/I Street, Lubbock, Texas 79423 COPY WITH PAYMENT. THANKYOUI leam-psc.com -14- CITY OF MINERAL WELLS CITY COUNCIL MEETING May 7, 2019
AGENDA ITEM COMMENTARY
Public Hearing on P & Z Case 2019-03 Applicants Randy & Cathy Ratio are requesting a Final Plat of 3705 Hwy 180 East, being a 0.861 acres, Abstract 701, Tract 10, Texas and Pacific Railway Company Survey #13, to Lot 1, Block A, Panda Express Addition, Mineral Wells, Palo Pinto County, Texas.
INITIATOR: Planning and Zoning Commission
STAFF INFORMATION SOURCE: City Manager.
NOTIFICATION: Mineral Wells Index, Bulletin Board
COUNCIL ACTION: Conduct a public hearing to consider approval of a Final Plat as submitted.
RECOMMENDATION: The Planning and Zoning Commission recommends approval of the Final Plat as submitted.
Item Number
Council Meeting Date May 7, 2019
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-16- Minutes PLANNING AND ZONING COMMISSION MEETING Monday, April 22, 2019-5:30 p.m. Steve Purdue Building, 300 South Oak, Mineral Wells, Texas
MEMBERS PRESENT: Mark Berry (Acting Chairman) , Glenn Mitchell, , Carlos Maldonado, Jeff Cowan, Charles Ramsay
STAFF MEMBERS PRESENT: Stacie Frye-Secretary, Fire Chief Mike Pool
CALL TO ORDER: The meeting was called to order at 5:30 p.m. by Mr. Berry.
PUBLIC HEARINGS
PUBLIC HEARING ON P&Z CASE 2019-03: Applicants Randy & Cathy Ratto are requesting a Final Plat of 3705 Hwy 180 East, being a 0.861 acres, Abstract 701, Tract 10, Texas and Pacific Railway Company Survey #13, to Lot 1, Block A, Panda Express Addition, Mineral Wells, Palo Pinto County, Texas.
A public hearing opened at 5:30 p.m. No one was present to speak on the applicants behalf. Ms. Frye explained the purpose as to why the Special Meeting was called. At the last meeting on April 1, 2019 the Commission approved the recommendation for a replat, but should have been recommended for a Final Plat. With that information, the Inspections Department had no objections to the Final Plat. However, Oncor has facilities/equipment in the area and would require access to the equipment and any current easements of right of ways through the property and will need to be maintained. Mr. Berry asked if there were any questions or comments regarding the request and with no further discussion of the Commission, the public hearing was closed at 5:35 p.m.
Mr. Mitchell made a MOTION to approve the Final Plat as submitted, SECONDED by Mr. Cowan. MOTION CARRIED with all in favor. 4Yeas, 0 Nay.
ADJOURNMENT: There was no further business to discuss. Mr. Ramsay made a MOTION to adjourn, SECONDED by Mr. Mitchell, with all in favor, at 5:40 p.m.
Minutes approved on:------
Richard Ball, Chairman Stacie Frye, Secretary
-17- Plat Application
CJ Re-Plat {$150.00) 0 Preliminary Plat ($50,00< $5,00/Atre) O Shon Form Piat ($50.00+$5.00/Lot)
~inal Plat (SS0.00 + $5,00/Lot) U Vacation of Plat/Plat Amendment/Site Dev. Plan ($100.00) SECTION NO. 13, BLOCK A TEXAS AND PACIFIC RAILWAY COMPANY SURVEY Legal Property Description: ABSTRACT NO. 701
Current Zoning Cla~siftcation: C COMMERCIA~(m1ber of rii:ots _1 __ O Acres 0 861 _
Property 0 WO?r::;~~J(~j)' ' ;( :"'_.._Lt' (\ - t1~r, ,, q~I/ .... ~-l~;Phone u ff: _~l.L.L.:::L'I'' r·. Lf,--c.,.. ::.:..J.:z:.:_j:_!_}_L.:J.___ -~--- '"'' .· . r r 1 • , \ ---- owner Address -~) ·70 ~''LJ:.11d21.Jl~::i r: '(V\;,,._('...C,J__t,,JJ....L~7 /p_()_(L] Surveyor/Engineer: BANNISTER ENG!t~EE_RING _ Phone#: 8'17.842,2094 (If 1\pplicable) Request: FINAL PLAT ------·-
• ;o_,_>___ _,_, - u'' Date:
------·------(OHi::i.11 U~·~ Or.1'( 1
:t IC' JC'. oiJ Date Application Received: __3"--·_,\_,\_~-'-1 _,q~- Fee Received: __vu_,. ____ _ c::.J - , 'I U1 p Case Nurnller: d.olg, ID':> Received By. _ __,,e;)"'-'~==~-J:, _Q_
For any questions or concern-s, please contact the Planning and Zoning Department, located 81 211S.W,1" Ave, Mineral Wells, TX, 760&7 Or call (9401·328-7715
-18· AGENDA ITEM COMMENTARY
ITEM TITLE
Presentation - Economic Development Plan, presented by David Hawes, Hawes Hill & Associates
INITIATOR/STAFF INFORMATION SOURCE
Raymond Greenwood, Chair, Economic Development Task Force Economic Development Task Force Margie Rose, Interim City Manager
BACKGROUND
In August 2018, City Council developed an Economic Development Task Force with a charge being to develop a Comprehensive Economic Development Strategic Plan for Mineral Wells.
This presentation completes the charge of the Task Force and contains information about the planning process, which includes the understanding, research, interviews, observations, brainstorming, concepts and recommendations.
EXHIBITS
Economic Development Plan
ITEM# 5· 05/07/2019
-19- -20- PURPOSE THE KEYS OMI PROS INTRODUCTION The community of Mineral Wells has BE UNIQ.UELY MINERAL WEllS the ingredients necessory to be 1 Discover and focus on the themes, markets, audiences and economicaJly prosperous. It includes "atmosphere" that are a natural fit for the community and is surrounded by incredible natural assets. The city is rich in history. Downtown is beginning to reclaim its role as the cultural heart of ELIMINATE THE "CLUITER" the community. The community has Realize and overcome the perceptions, realities and barriers that rallied around Envision Mineral Wells. stand in the way of progress Now for the next step. The Comprehensive Economic Development Plan is a tool created to ORGANIZE FOR SUCCESS allow Mineral Wells to recognize and Develop the "economic infrastructure" appropriate to the reach its full economic potential. It community's focus offers an honest assessment of current conditions, seeks out opportunities, and creates a path for MOVE FORWARD - TOGETHER success that allows Mineral Wells to Galvanize the community around a common roadmap for success stand out and prosper.
. N...... THEP I GPR CESS I ,,
. -- t ....
UNDERSTANDING BRAINSTORNHNG RECOMMENDING An honest understanding of past Conceptualizing solutions that can Finalizing and fully expanding upon and current conditions. How did the help Mineral Wells realize its full the concepts that "stick". Phase Ill community evolve to where it is economic potential. Phase 11 involves odds detail and reality to ideos by today? What happened along the looking at all aspects of the addressing how each con be fully way? What makes Mineral Wells community, including physical integrated into Mineral Wells, unique? What is getting in the way? enhancements, programmatic including action steps needed, How is Mineral Wells making changes, partnerships, new ideas, funding or programmatic strategies, economic development happen? Is new approaches ta established timing and ownership. the community on the right track? ideas, and discarding elements that could be getting in the way of success .
. N N. UNDERSTANDING
Recent years have seen a great deal of self-reflection within Mineral Wells as stakeholders and leaders have become increasingly dissatisfied with the direction of the community. RIESIEARCH INTERVIEWS Through processes such as Envision Data collection and analysis ranging Discussion with community leaders, from collection of histories and stories stakeholders and individuals interested in Minero! Wells, the community has to statistics and structure. the community. recognized many of the issues facing the community, as well as its incredible opportunities. In many ways, the community has begun to chart its new course. The Assessment section of this document builds upon prior assessments of Minero! We.Ifs and the hard work STUDIES OBSERVATIONS underway within the community. Review the various planning and Conclusions resulting from vvo!king and economic development studies driving the area, reviewing material and completed in recent years. interacting within the community.
. Nw inds of C
A foundation on Health, The Military and A Return to Roots in Wellness and Nature Manufacturing Come to Town and atui"e From the very beginning, the City of Mineral The presence of the military began relatively Mineral Wells has experienced a rise to Wells was a tourist town. Numbers of residents quietly in the 1920s but blossomed during notional fame and played a major role in the and businesses swelled from the 1880s to the World War II and then again for helicopter safety of our country. The loss of both has 1920s as the City gained a reputation as a training during the Vietnam War. struck Mineral Wells and the community hos place to become healthy and enjoy the Simultaneously industry came to town with the since struggled to find its identity - until surrounding natural beauty. The addition of the discovery of oil but then as other companies recently. The community has once again began Baker Hotel and Crazy Water Hotel brought a manufactured, bricks, clay pipe, aircraft to rediscover that the assets that brought resort focus and reduced emphasis on the systems and more. In 1973, Fort Wolters was fortune remain and could once again be a surrounding outdoor activities. The Great permanently closed ond the majority of the source of prosperity. Both public ond private Depression coupled with new medications property split into private parcels. Industry has investment is building a slow ond currently reduced interest in the amenities available in remained a staple of Mineral Wells although fragile economy around health, wellness and Mineral Wells and mineral water. the relationshio has, at times, been bittersweet nature with the possibility of once again as businesses 'open and others consolidate or making Mineral Wells and its surrounds a close. destination worth visiting.
, N .i::., Research
RESIDENTS INCOME
' ______, .• , """'~--"'"""'"'--~-«------" ,_,,,,,_,g~'""'""~----«><.-,,'-•'"''"'~-.--,,_,,,..,, > - "' ""'" - ''·'•'"""--~'''"• Median household income in the City is $38,504, which is approximately Mineral Dallas/fort 40.3 % below the DFW MSA average. Wells Worth Area • Approximately 60% of households in the City make less than $50,000 per year Population 15,233 7,516,037
DfWMSA Daytime Population 15,798 7,516,037 $200,000+ R Minero! Wells Workers 7,233 3,746,171 $150,000. $199,999 Residents 8,565 3,770,079 1100,000 - $149,999
Households 5,601 2,681,057 $75,ooo. $99,999 $50,000· $74,999 Average HH Size 2.71 2.77 $35,000· $49,999
$25,000- $34,999
$15,000·$24,999 ·--~~~~---~~·~-·~-.~ <$15,000
0.0% 5.0% 10.0% 15.0% 20.0%
N (.]'!. Researc EMPLOYMENT
Residents are primarily employed in the Services, Retail Trade 13.2% Manufacturing and Retail Trade industries. Monufocturing 17.3% • With regards to occupation, the majority of the employed
population, are employed in the Services industry, followed Services 40.0% by Professional and Transportation/Material Moving. 0.0% 10.0% 200% 300% 40.0%
I Transportation/Material Moving
Production
SeNices 17.3% l--·---··-·---~-·· Administrative Support Soles
Prdessionol
0.0% 5.0% 10.0% 15.0% 20.0%
N °' Research
BUSINESSES SMALL BUSINESSES There are approximately 658 businesses In terms of the number of employees the The majority of businesses, 75 percent, in the area employing over 5,900 largest industries include retail trade, are small businesses with fewer than 10 employees. followed by manufacturing, employees. Accommodation and Food Services and The largest industries in terms of number Educational Services. 43 % of businesses currently require less of businesses include retail trade, than 2,500 sf of space followed by other services and accommodation and food services. Educational Services 10%
Accommodation & Food Services 12%
Manufacturing
Retail Trade 18%
Accommodation-& Food Services - B% 0% 5% 10% 15% 20% Other Services (except Public Administration)
Retail Trade 17%
0% 5% 10% 15% 20% ia 1 to4 S to9 10to 19 "20to 49 SOto 99 " 100 to 249 " 250 to 499 * Not Available
N -...J Research RETAIL TRADE
Restuarnts/Othet Eating Plates Overall retail supply (soles) exceeds retail demand. Drinl
Nco Studies ENVISION MINER.Al WELLS A more comprehensive, grassroots look at the general issues facing Mineral Wells; the determination of priorities, goals and strategies to Beginning in 2015, the City of address those issues; and the development of o means of Mineral Wells completed a series of implementation and continued community involvement. five studies designed to give direction to the community and DISCOVER DOWNTOWN: address major issues. More than A REDEVELOPMENT PLAN FOR simply provide guidance, these HISTORICAL MINERAL WELLS A p!an for largely physical improvements to downtown aimed at studies are reflective of (or transforming the area into a vibrant, well connected destination. responsible for) the renewed focus on downtown revitalization and a COMMUNITY TOURISM ASSESSMENT brand that embraces the A review of Mineral Wells various tourism related assets in on effort to assess the effectiveness of existing resources. community's natural assets. In the instance of Envision Mineral Wells, DOWNTOWN MINERAL WELLS the community-focused study has ASSESSMENT REPORT evolved into a living system of five Findings of a team from the Texas Downtown Association that in dude "councils" of stakeholders focused practical programmatic and physical enhoncernents. upon implementation of goals and actions. HISTORIC RESOURCES SUR.VEY REPORT A detailed study that determined National Register eligibility for nearly 100 downtown structures and possibility of o historic district
, N '-" Interviews
Industry Tourism Downtown Quality of Life Industry is primarily located at the There ore a number of recreational Downtown is growing but also First impression of Minero! We!ls is former military base, airport and amenities and activities in the area struggling not great \-vhen you drive in including troi!s, state and local parks, industrial pork The Market (90 vendors) Need to enhance campgrounds, rock climbing, lakes. Need for more industrial land Need for traffic and customers gateways/ entryways The City is full of history, Baker Hotel, Industrial land should be in Po!o Need deity services, you hove go out Crazy Weter, Military Bose Crazy Water Hotel and Baker Hotel Pinto County (does not foll under need to redevelop of town for most of things. urban EPA rules) Tourism should be targeted to the Would like to see on events center, different audiences, loco! and ~ For smaller businesses there is !and Need land/buildings that things for kids to do, other than regional and structures businesses con grow into organized sports and a community The City is starting to push events in Businesses ore not always successful Look at opportunities at the airport center the area including Halloween festival in port because people open without including unmanned aviation, Spooky Wells and Christmas festival a plan or experience manufacturing, !orger hangers etc. Merry Wells Fort Wolters Army Base - need to Capture some of the drive thru "clean up" traffic going to the Possum Kingdom lake and the State Porks Need to better market the area, currently tourism is volunteer based
w 0 Interviews
Economic Education/ Public Housing Infrastructure Housing is a big issue, employees Infrastructure Workforce ore living e!sevvhere because of Need for new city facilities limited housing options Lack of confidence in the economic Workforce is a problem, currently development system recruiting from outside the City Working with TX.DOT to have a There is o need for ne\v mid to high Chamber takes on a strong truck by poss to get trucks off level housing Lorge number of in~commuters for downtown streets economic development role high wage jobs, hard to bring in Focus on quality of life issues to The future of the industrial white collar families Infrastructure ts hard to maintain, attract housing foundation was built during the time of bose, Incubator program would v~ork well the footprint is probably too large Economic development currently is Good educational system, but they for a cornmunity of this size heavily focused on industrial, there focus on lower economic and Lack of infrastructure, have tracts of is a need for staff that con address troubled kids both retail and industrial land that are appealing, but no Would like to hove a -training water sewer connections, punitive Improve County/City relationship program or techn"icol college come on lot cost and coordination and assist with education and workforce skills. Need technical training for existing businesses Partnerships with colleges
w f-' bservati
Mineral Wells deserves credit for recognizing that the community's identity rests in its history and the natural resources that made it L~ THINGS TO 0\') WHERE TO $TAY ~p EAT & OR!NK famous. The community has selected WtfOl~ 1fl
Flml out where to 90 end whot to do, and discover why Mineral Wells runs deep in this iist of thin9s to do ond see in and around Mineral Wells, Texas.
w' N ' bservations
Mineral water may have historically brought crowds into the area, but the rich scenery and abundance of amenities proved equally enticing. Today's Mineral Wells is in an even better position. Beyond a resurging downtown the community offers Clark Gardens Botanical Garden and a variety of museums. Lake Mineral Wells State Park and the connecting trail offer stunning views and activities tl1at are only rivaled in the area by Possum Kingdom State Park. With Palo Pinto Mountains State Park on the way, the community hos every reason to celebrate its natural and cultural heritage.
w w. bservatio
The Discover Downtown document recommended development of gateways and a wayfinding program to establish a sense of arrival and assist in navigation. Downtown is not the only area that struggles to be recognized or found. Efforts by the consultant team to discover and enjoy several of the city's assets proved cumbersome. Similar issues occurred while trying to reach the natural areas surrounding the city .
. w """'' bservations
Mineral Wells is facing the financial realities of rebuilding a community with an aging infrastructure. That infrastructure could potentially be a detriment in efforts to attract investors and will certainly impact efforts ta reinvigorate tourism. Infrastructure and amenities can range from the obvious such as Crystal Canal and City Hall to less the less obvious water lines, roadways and less visib.le facilities such as the Dunbar Community Center. Other infrastructure and amen.ities such as Mineral Wells Airport and the helicopter land pads scattered throughout the area are unique to the community and could prove very economically advantageous.
w' ()'1 ' bservatio
The Baker Hotel opened to the Great It is CRITICAL to recognize that the Depression but over time brought o Baker Hotel is only one asset in a new level of fame to Mineral Wells. larger effort. It will NOT survive Since its closure, o variety of without other equally interesting developers have proposed to attractions and amenities. refurbish and reuse the Boker Hotel, By holding resources based upon the including o current suitor that may possibility of redevelopment of the be the most likely candidate to Baker Hotel, both the public and succeed. To assist in its resurgence private sectors slow revitalization the City has set aside funds and that would increase the likelihood of many property owners have chosen redevelopment of the hotel and the to hold off on property long term success of both the facility improvements or on selling to and the community. another party for fear of losing out.
. w °'• bservations
When Fort Walters was permanently closed the decision was made to privatize the large majority of the land. Today's mix of uses and ownership stems from that decision, including creation of the portion of that site now known as the Wolters Industrial Park. Stakeholders interviewed as part of this project indicated that much of the property would be o poor fit for industrial activity with its current configuration and topography. While potentially true, the property could still serve any number of various functions if properly planned .
. w -....J. bservatio
It all started with wells that offered "healing powers". What followed was not only testament to the powers of mineral water, but also to the innovative nature of its residents. From invention of the paper clip to automated flight operations the City of Mineral Wells has been a welcome home to people with great ideas and the willingness to turn those ideas into o business. Mineral Wells is among the best examples of historic proof of the power of entrepreneurship as a means of building prosperity. Ironically the community does very little to recognize and promote it.
w' CXl • bservations
Mineral Wells Mineral Wells and Mineral Wells Envision Mineral Wells Industrial foundation Palo Pinto County Chamber of "Councils" & A 501(c)(6) organization that Area Growth Council Commerce Visitors Developed to implement the goals assists almost exclusively with the A five member board that is Bureau and strategies of Envision Mineral industrial and manufacturing Wells, each Council consists of o associated with the Industrial The Chamber of Commerce businesses. The Industrial group of stakeholders led by a Foundation. The members include supports local business through o Foundation hos land ownership the City of Mineral Wells, Palo Vice-Chair. Councils include and land banking capabilities and variety of activities and events, Community Redevelopment, Pinto County, the Chamber of including a "shop local" program makes strong use of the Texas Commerce, the Industrial Economic Development, Education Capital Fund to create incentives. during the Christmas season and and Workforce, Government Foundation, and the Mineral Wells events such as Merry Wells and The foundation is assisted by a Relations, and Tourism & Index. Spooky Wells. The chamber consultant that serves as staff and Hospitality. The Economic manages the community brand is managed by a Board of Development Council includes and utilizes a portion of Hotel Directors. Mineral Wells committees focusing on Advanced Downtown Association Occupancy Tax revenues to Manufacturing, Aviation, Health promote the city. Recently, the Core, and Small Business. Each A recently created organization chamber mode changes to council spearheads progress in its established for purposes of manage Envision Mineral Wells respective area of focus, including promoting and representing the and support the five ongoing discussion of projects and downtown business community. "councils". solutions .
. w '°' bser·vati
City of Mineral Wells Mineral Wells 'fax City of Mineral Wells Palo Pinto and Parker Community Increment No city staff member is specifically Col!.lnties Development Reinvestment Zone dedicated to economic Na staff member in either county Corporation Number Two development or land management 1s specifically dedicated ta activities. City Council participates An entity created for the purpose An entity to support economic development. Palo Pinta in economic development through County participates by funding redevelopment in the downtown of administering the City's Type B action and funding for programs economic development entities in economic development funds. A area. Revenues collected from the such as Envision Mineral Wells. Mineral Wells, 'including the sales tax of 0.125% is devoted to increment in tax revenue are Chamber of Commerce through economic development, most administered by the Board of the the county's Hotel Occupancy Tax. specifically redevelopment of the reinvestment zone. Baker Hotel. City of Mineral Wells Economic City of Mineral Wells Development Task Industrial force Development Corporation A local task force created by City Council for the purpose of seeking An entity created for purposes of the most effective means of considering issuance of Industrial economic development for the Revenue Bonds. City of Mineral Wells.
' -I'> 0 ' bservations
~ ...... iR/..f········ ... \. ,/f''''•• .•.•• \ . .. . I \ . . _{ } i " \ _:'!;, 1 .j '.· .·····•. \ ·.J . { l ; \.~ ; ,,,. (/j_/ \ \ / - . __ '" Fl •. -,, Fl ' ' Business Business Entrepreneurship New Business Marketing & Intelligence & Retention & & Small Business Attraction Brand Identity Information Expansion Development Delivery
Traditionally reactive The Chamber of No !ocol organization is The Chamber of The Chamber of approach to new business Commerce performs a responsible for promoting Commerce has successfully Commerce and Industrial development Limited loose-knit visitation entrepreneurship or token on the role of Foundation shore limited largely to industrial-related program, but no actual nurturing the survival and crofting and growing the roles in data collection and businesses and then not program exists to conduct growth of local small community's identity. The provision. Critical through aggressive Business Retention and business. Chamber hos recently information is not readily outreach. Responsibility .for Expansion established a new acquired or avai!ab!e by industrial-related, new promotional website and any of the respective business attraction falls to strategically advertises the agencies focusing on the Industrial Development community. economic development. Corporation
• I-'""" bservatio
Type B Sales Tax Tax Increment Hotel Occupancy Tax The City of Mineral Wells and Palo Reinvestment funds The City of Mineral Wells and Palo Pinto County both receive a share The City utilizes its ability to create Pinto County collect a Hotel of the sales tax available to local reinvestment zones and capture Occupancy Tax on hotel guests for government (1.5% and 0.5%, tax increment to support new purposes of promoting activities respectively). A small portion of development or redevelopment, that bolster the tourist and hotel the City's sales tax (0.125%) is but currently limits that tool to the industries. The majority of city allocated to economic downtown area. HOT funds and a portion of the development and is currently county HOT funds go to the considered reserved for Chamber. redevelopment of the Baker Hotel. leveraged federal and City of Mineral Wells State Grant funds Texas Capital Fund Industrial Revenue The City and its partners have The Industrial Foundation has a Bonds some history of successfully solid record of utilizing the Texas acquiring federal or state grants Capital Fund as a means of Taxable or tax exempt bonds have and tapping in programs for reducing cost to industrial been used to support industrial purposes of capital improvements businesses interested in Mineral development. Bonds are typically or redevelopment. Wells. paid by the private developer.
' """N ' bservations
With limited guidance an economic development, the private sector has begun to carve its own path. In downtown, community stakeholders have been revitalizing the core, including a locally "crowdsourced" approach to restoring the Crazy Water Hotel. While admirable, the current process misses out on the ability to leverage the community's resources and maximize each partner's investment.
.p.' (...) ' B R I
Brainstorming is intended 1u be exactly that - a group of initial ideas or concepts. Some of these ideas or concepts will resonate
with the community and will be ill fully detailed to become ill recommendations in the final ;&s: report. Others may require some ill amendment or be discarded. The intent is to gain feedback and to ensure that the plan is headed in the right direction.
ti~ B'$ w; J
t• Concept 1 Concept 2 cept
Restructuring the current system for The concept proposes a more robust A number of the issues and managing economic development is series of local economic development opportunities related to economic critical to improving performance and tools that can be used to spur economic development in Mineral Wells are best addressing the facets of economic growth ranging from Chapter 380 addressed through employment of on development that are not currently agreements to a microloan program urban planner, including opportunities being fully addressed. designed to assist small businesses. It with downtown and the lv1ain Street also proposes reconsideration of some Program, development of a current programs including Type B and comprehensive pion, review and Hotel Occupancy Tax funds. amendment of development codes, grontwriting, and development of a master pion for the area that was formerly Fort Wolters and now includes Wolters Industrial Pork .
.p. (J"1 ' Concept 4
People are once again travelling to Downtown Mineral Wells hos the The scenic beauty and natural amenities destinations for health or wellness as a potential to offer a small town urban that surround Mineral Wells are the primary focus, just as they travelled to experience that is highly complementary perfect complement to o health and Mineral Wells in the past. Mineral to the surrounding rural, natural and wellness brand both from the Wells has an extremely strong cultural cultural amenities. In the city and perspective of marketing the community and physical foundation to fully support surrounding area. Downtown can offer as a great place to live and invest as health and wellness - not just as a the bustle of shops, spas, restaurants, well as a place worth visiting. brand, but as an industry. From spas to bars, urban parks, and activities and spirituality and from bike trails to both much more, preferably by car, bike or houses, Mineral Wells has assets and walking. options entirely unique to this community .
. -!'> °'' Concept 7 Concept
Industry and manufacturing have been The history of innovation and Very few communities fully appreciate a part of the economic fabric and built entrepreneurship in Mineral Wells is o the role that small business ploys in the environment of Mineral Wells for story of its own - and one that is worth local economy; nor do they realize the generations. A recent focus on business celebrating and making a mainstay impact and benefit of local related to Unmanned Aircraft Systems is feature of the community. A program ownership. A strategy aimed at smart because it takes full advantage of that encourages the generation of ideas, supporting a thriving small business systems and facilities already in place, experimentation, failure and success industry enhances the sense of place as including the Mineral We.lls Regional through persistence will not only more unique establishments arrive in Airport, and it taps into a rising market. promote new business development but the community. It increases the avenues Biachar offers similar promise but -it will provide an avenue to prosperity at for prosperity for all income and should be expanded to a larger field of all income and education levels. More, education levels. Finally, small applied biosciences that are directly that level of innovation is attractive to a businesses that expand into larger rising markets, but also can actively segment of firms and individuals equally businesses are intensely loyal to the contribute to the quality of life and place beneficial to Mineral Wells. community that supported them through that is part of the community's brand. the leanest years.
' -!=> '-.! ' ""4 /f,i Concept 10 ~ % "~!
For Mineral Wells to reach its full Nearly every study for Mineral Wells has Envision Mineral Wells smartly recognizes potential in nearly all of its preferred included a desire to add art into the that quality of life hos become a major market segments it must hove the community. Instead, promote Mineral driver in the decision to make any educational infrastructure in place to Wells as 'home" for artists and artisans. investment in o community. For that develop and maintain a highly skilled and Mineral Wells offers many of the reason it is important to continue to make well educated workforce beginning in the ingredients attractive to artists. Space improvements in the everyday services early stages of childhood through and homes ore currently affordable. An and amenities that con enhance life and retirement. Fortunately, the world of infrastructure already exists for the arts living in Mineral Wells - and make it o education is rapidly evolving to adopt to and there is a desire to see the arts great place for residents, employees and today's needs and the digital age is expanded. The natural setting is highly guests. ensuring that small city's con be just as desirable. More, artists represent a first competitive as their counterparts. wove for redevelopment. The "cool factor" typically draws interest and investment from other households with greater disposable income.
-!'>' 00 Concept13
Housing hos been an issued cited by a number of stakeholders os one of the major weaknesses facing Mineral Wells. While housing is important, it is equally important that the approach to housing be one that can effectively address multiple issues and end in a product that is appropriate to the brand and demands of the community .
• -!'> '°, REC E D I NS
Recommendotions for the City of Mineral Wells ore divided into six different categories appropriate to the needs and unique traits of the community. Organizational Traditional Economic Entrepreneurship & Recommendations are in Small Business no particular order. Structure Development Prioritization takes place in the Implementation Pion.
Health, Wellness & Marketing Quality of life Tourism Mineral Wells Enhami::ements
. (j1 0 • Recommendation 1
• The Economic Development Corporation • The Economic Development Corporation will should combine the powers ond duties of the be an extension of the City of Mineral Wells Community Development Corporation, the and therefore will have all of the 8 Industrial Development Corporation, the transparency requirements of a public entity. Industrial Foundation, the Economic • The Board of the EDC is recommended to be Development Task Force, and the Area comprised of seven members serving two Growth Council under a single, stronger year terms. Members should be residents of nonprofit organization. Mineral Wells or Palo Pinto County. • Allows for elimination of four public entities • Envision Mineral Wells is recommended to be dedicated to economic development. The transitioned to the EDC in five years with recommendation proposes transfer of duties plans far the transition to begin in three and assets from the Industrial Foundation to years. However, before and after transition, it the EDC and elimination of the foundation. 1s recommended that management of • The new EDC should have the abilities to Envision Mineral Wells remain a highly issue debt, acquire and develop land, coordinated effort between the EDC and undertake capital projects, incentivize private Chamber. projects, and pursue grants or federal and state programs as needed to promote economic development.
U1 I-' ' ~ Rec:om end I
• The Economic Development Director should Funding for the position should come from serve as the "face" of economic general funds to the greatest extent development in Mineral Wells. The position possible to allow limited special funds such should report to the City Manager. as Type B and HOT funds to be devoted to economic development activities • The Economic Development Director should focus on: • The ED Director position may be filled by a pursuit of new businesses consultant or third party as an interim promotion of entrepreneurship and small business measure. developrn€)nt business intelligence/economic gardening • The ED Director should develop an annual collection and distribution of information typically report of economic development activity related to economic development including progress mode by projects collaboration with the Chamber of Commerce and granted economic incentives and take other other parties in efforts that enhance the brand and steps to ensure o sense of transparency economic potential of Mineral Wells with ED programs. • The ED Director guides and serves as staff for the newly created Economic Development Corporation as well as TIRZ No. 2
U"l N Recommendation 3
• The Urban Planner should be tasked to address • Funding for the position should come from the many community development related general funds to the greatest extent possible to activities that are associated with economic allow limited special funds such as Type B and cs development. The position is recommended to HOT funds to be devoted to economic report directly to the City Manager. development activities
• Roles of the Urban Planner include: • The Urban Planner position may be filled by a Moster planning and long ronge planning for the consultant or third party as an interim community as o whole and for special areas such as the measure. Minero! Wells Regional Airport or Wolters Industrial Pork. Creation and maintenance of development codes that protect the health safety and welfare of Mineral Wells white also growing the loco! economy and community brand in o manner that meets the intent of the Economic Development Plan. Current planning activities including issuance of permits, pion review and plot review. Dato colfection and assembly Co!!oborotion with the Economic Development Director and the Chamber of Commerce, including activities related to Envision Mineral We!ls Support or lead on grants acquisition
U1w $ m n I
By adding an EDC and an Economic Development The Chamber is recommended to continue to Director in Mineral Wells, the Chamber can narrow manage Envision Mineral Wells over the short term its focus to those areas of economic development in but to transition the program to the EDC in the next which a Chamber is most effective, including: five years. However, before and after transition, it is Advocating for Existing Business and E.>::ponding recommended that management of Envision Representation/Membership Mineral Wells remain a highly coordinated effort Business Retention and Expansion between the Chamber and EDC. Maintaining and Strengthening the Community Brand Promoting the Community and Expanding Tourism Marketing the community for purposes of both tourism and branding Managing Envision M·1nerol Wells and the Env·1sion Mineral Wells Foundation Raising Funds for Chamber Related Services and Opportunities • Develop a five year strategy aimed at utilizing Hotel Occupancy Tax funds provided by the City of Mineral Wells and Palo Pinta County exclusively for marketing, events and other eligible efforts aimed at bringing tourists for overnight stays (i.e. "Heads in Beds"). Funds for administration of the Chamber should come from resources other than HOT funds.
U1 -!» Recommendation 5
• A policy should establish priorities for funding such as projects that: Further the recommendations of the Economic Development Strategic Plan Promote desired business activity, including oerospoce/UAS, applied biosciences, outdoor recreation, lifestyle retail and services, health and we!lness retail and services, and health sciences. Promote desired residential development/redevelopment in the manner proposed in the Economic Development Strategic Pion. Leverage other Public/Private Resources, Contribute to enhanced quality of life, including local employment with living wages. • A policy should also determine eligibility, application, evaluation criteria (that should differ by size and type of organization), methods of payment (reimbursement is almost always preferred), performance measures that must be met by the business/development to receive an funds, and repercussions for failing to meet obligations: • The Chapter 380 policy should serve as the initiol step to an overall economic incentives policy to be used to guide oil economic assistance offered involving the City of Mineral Wells The Chapter 380 program should be administered by the ED Director and requires approval by the City Council .
• U1 U1 Re<,:omrr1e d *I
Type B funds should be fully administered by the Economic Development Corporation.
• The EDC should establish a policy for active use of Type B funds, preferably as part of an overall economic incentives policy for the City of Mineral Wells. Eligible projects should include all activities and purposes allowed by the State, including payment for land, buildings, equipment, facil.1bes, targeted infrastructure and improvements for: professional and amoteur sports and athletic facilities, tourism and entertainment facilities, convention facilities and public porks related store, restaurant, concession, parking and transportation facilities re!oted street. water and sewer foci!ities and affordable housing business development resulting in creation of primal)' jobs, oil cs noted by the State of Texos continued support for redevelopment of the Boker Hotel • Priority should be given to projects that further the efforts of the Economic Development Strategic Plan. • Other than approval of an annual budget and when deviating from the policy, expenditure of Type B funds should be the discretion of the EDC and not require City Council approval.
<..n O'I Recommendation 7
Hotel Occupancy Tax (HOD funds should continue • Consideration should be given to development of a to be dispersed by the City and Palo Pinto County similar policy between Palo Pinto County and the far projects as deemed appropriate. Given the Chamber (or perhaps on interlocal policies for all proposal far the Chamber's continued and three entities. increased role in eligible projects to market the city • Consideration should also be given to future and encourage tourism, the Chamber remains the allotment of a portion of HOT funds to be available logical recipient of the majority of funds. upon request to other parties for purposes of • The City (through the City Manager ond ED activities and events (for example, a Spartan sports Director) and Chamber should jointly establish a event that could draw an international audience to policy for use of HOT funds, including priorities os Mineral Wells. eligible under state low such as: Marketing material designed to draw guests to Minero! Wells and Polo Pinto County, preferably for o local overnight stay Events, festivals and activities of sufficient magnitude to encourage overnight stay by guests, vendors and others. Increased focus on downtown as o primary destination as we!I as surrounding recreational activities. Improvements or enhancements that add to the likelihood of local overnight stays including woyfinding signoge, the arts, and convention and sports facilities that host large scale tournaments/events.
U"1 "-! @ Recomn1en I
Establish a Prospectus and Website highlighting: • Align use of a tax increment reinvestment zone, The Investment Worthiness and Unique Character of municipal management district, and/or public tvlinerol Wells improvement district as another economic The !ncreased level of Reinve.stment and Development finance/incentive tool to leverage investment in Interest in Minero! Wells Opportun·rty Zones, as well as other state and The Opportunity for High Return on Investment federal economic development tools. Active and Near Term Projects located in the Opportunity Zones ready for Investment The ED Director should coordinate with local The Readiness of the Public Sector to Support Projects that investors ond property owners regarding meet local Objectives, including those Established by the Economic Development Plan creation of one or more opportunity funds that can serve as a repository for investment into • Through respective policies, the ED Director local projects. should align economic finance/incentive tools such as Type B funds and opportunities for a Chapter 380 agreement to ensure that they con be used to leverage eligible investments in Opportunity Zones.
(}1 CXl ' Recommendation 9
• Consider reconstituting between % to V2 cent of the City's sales tax from property tax relief to add into the Type B fund for use in economic development As on alternative, consider a portion or all of the allocation to be placed in a fund dedicated toward mobility and infrastructure improvements that con enhance the marketability of Mineral Wells (and local property values). Request that Polo Pinto County similarly consider releasing % to 1/8 cent of the county's allocation to also be to the Type B fund or for infrastructure improvements (including strategic improvements outside of municipal boundaries).
• Reallocation of soles tax will require a special election.
CJl' '°' @ ecom e d I
Establish a general policy for promoting the creation or expansion of improvement districts, as well as use of funds in established or future districts, as an economic incentive for new development or redevelopment, including tax increment reinvestment zones, municipal management districts and public improvement districts. Priority should be given to projects that: Promote the recommendations of the Economic Development Strategic Plan. leverage additional pubiic or private funds, including Opportunity Funds in eligible Opportunity Zones. • Review the economic benefit to expanding Tax Increment Reinvestment Zone No. 2 to maximize opportunities in adjacent areas and to correspond with the Opportunity Zones. • Consider creation of a municipal management district in the event of a major development or redevelopment to cover maintenance on amenities and improvements in areas of new development (such as the Wolters Industrial Pork or a high quality mixed-use or residential development).
• Consider creation of a municipal management district to support downtown revitalization, if sufficient new development is available to support the district.
• Analysis of potential opportunities may be completed by the City Manager and ED Director, but may also involve the expertise of a consultant team .
• • The ED Director, in active coordination with the Chamber of Commerce, is recommended to coordinate with local lenders to establisn a revolving loan fund and/or microloan program with equal commitments of capitol in order to share risk. • Consider on application for Community Development Block Grant funds or a similar state or federal program for purposes of City participation in either loan program. A microloan program may work in coordination with the SBA Microloan program. • Establish guidelines for eligible loans. A revolving loon fund may provide gap financing for operating capital, acquisition of land and buildings, new construction, building renovation, site improvements, and machinery and equipment. Microloans can provide for similar investments, but ot a much reduced scale. Guidelines should also include requirements for consideration (such os a business plan and requested terms), eligible activities and applicants, evaluation criteria, and typical loan ranges and terms. • The revolving loan fund is recommended to be managed by the Chamber of Commerce. Other eligible managers of the fund including the City of Mineral Wells, a nonprofit organization, a local lender, or another eligible third party. ' °'...... ecom1nendati Establish a policy for application for use of the Texas Capital Fund as a non-entitlement community (entitlement communities are eligible to receive an annual allotment of Community Development Block Grant funds from the Department of Housing and Urban Development while non-entitlement communities must compete for a portion of CDBG funds allocated to the State of Texas). In addition to requirements of the State to apply for funds, the City of Mineral Wells should consider giving priority to projects that meet the priority requirements for other economic incentives such as Type B and Chapter 3 80. • Application to the Texas Capital Fund program as well as administration of the program should be the responsibility of the EDC. • Consideration should be given to use of the Texas Capital Fund as a means of funding local infrastructure improvements associated with on eligible business, as well as use for real estate activities. • As with other programs, align use of the Texas Capitol Fund to coordinate with other economic incentives where appropriate, including the Opportunity Zone program. ' N °'' Recommendation 13 Crowdfunding for purposes of civic improvements that promote economic development, such as art installations, park improvements, beautification and more is recommended to be the responsibility of the EDC and/or the Envision Mineral Wells Foundation. Crowdfunding for purposes of civic improvements offer no direct return on investment, but add ta local quality of life and increase the marketability of the community. Crowdfunding for civic improvement can be aided by internet companies such as Kickstarter and Woyblaze. • The Economic Development Director 1s recommended coordinate with Nextseed os o means of promoting local crowdfunding for purposes of financing economic development projects in Mineral Wells. Unlike crowdfunding for civic improvement, Nextseed allows for the general public to crowdsource as investors expecting a marginal return on investment. . °'w '® Recomrr1e I The Economic Development Director, should coordinate with the EDC and Chamber of Commerce to continue coordinotion with agencies such as the Economic Development and Tourism Division of the Governors Office and the Texas Historical Commission to best toke advantage of programs for economic development and community development. • Where appropriate, the ED Director and other entities should coordinate with the Urban Planner to research and apply for funds available from outside sources including government entities, foundations, and nonprofit organization as a means of expanding economic development and community development activities. • As on alternative or a complementary feature, the City of Minero! Wells may choose to utilize a consultant or third party to continue coordination efforts, apply for grant funds, and/or perform grants management for successful applications . . ~. Recommendation 15 • The Urban Planner should hire a consultant team • The plan should establish a series of gaols for for purposes of developing a long range plan that improvement, o master land use plan, and addresses, at minimum: potentially could include o master thoroughfare land Use and Community Character plan and infrastructure plans. The plan should Mobility, including trove! by walking, biking, driving and also provide a series of policies and programs for flying implementation as well as recommendations for Physical Jnfrostructure, including water, sewer and amendments to current development codes. stormwater Community Facilities • The Comprehensive Plan should also recognize Housing and address special areas such as downtown, Wolters Industrial Park or Mineral Wells Regional • The comprehensive plan should include collection Airport (but not to the level of a detailed Master of information currently unavailable and discussed Plan for each specific area). during the Envision Mineral Wells process including infrastructure, mobility and land use data. • The Comprehensive Plan should fully consider and embrace the regional assets, particularly the parks and other natural assets and ensure adequate connectivity . . °'(J'1 ~ ecomme da i The Urban Planner should hire a consultant team for purposes of developing a Master Plan for the Fort Wolters area as a means of best understanding how to fully utilize the land that is readily available For industrial use and to ensure that the area '1s developed (or redeveloped) in a woy that maximizes use and positive impact. The master pion should include on overall design/redesign of the campus (and potentially for adjacent areas if appropriate), as well as necessary improvements to make the area marketable to preferred industries, including those related to UAS and bio-reloted fields. • The Urban Planner should hire a consultant team to develop a Master Plan for Mineral Wells Regional Airport and associated facilities that maximizes the airport's tremendous value to the community, including enhancement of hangars to attract specific users or to be more attractive to specific businesses. Consideration should be given to o team that includes specialty in airport planning. Both master plans should build upon and be complementary ta the Comprehensive Pion . . O'I O'I • Recommendation 17 In addition to the Moster Pion proposed for the • Establish a series of events and activities designed Mineral Wells Regional Airport, the airport staff to establish Mineral Wells as a home for coordinate with the Urban Planner, Economic innovation and entrepreneurship related to UAS. Development Director, and Mineral Wells Airport Consider a design competition aimed at gaining excitement Advisory Board to assess and establish the for the industry end/or showcasing the community's assets for unmanned aircraft systems. infrastructure needed to be attractive to the Consider on entrepreneur residency program in tv1inera! Unmanned Aircraft Systems industry, including: We!ls to promote loco! research and development. Inventory and assess the condition of helipods useful to on Consider regular events promoting hobbyist or beginning experimentution and training program, as well as other professional use and training for UAS, in addition to assets that make Mineral Wells uniquely marketable to the professional services. UAS industry. Establish the physical needs for the experimentation end training program in coordination with the Mineral VVells Regional Airport. Actively consider the elements necessary to expand into other areas. of the industry, including design, research and development, and manufacture and repair. • Airport staff, in coordination with the ED Director, current partners, the EDC, Chamber and appropriate councils of Envision Mineral Wells should establish an aggressive campaign aimed at attracting UAS related businesses ta Mineral Wells. O'I '-l ® e\11,JY~ men I In a manner similar to the approach proposed for • Establish a series of events and activities designed UAS, the Urban Planner and Economic to establish Mineral Wells as a home for innovation Development Director should coordinate with the and entrepreneurship related to applied current partners and the EDC, Chamber and biosciences. appropriate councils of Envision Mineral Wells to Establish o Consider o research competition aimed at creating assess and enhance the infrastructure needed to be awareness of applied biosciences and the potential benefits to attractive to applied bioscience industries such as o community. Research and assess the possibility of creating local supply and producers of biochar and biofuel, including: demand for applied biosciences in the region, including Advance designation of desirable location for industrial agreements and portnership with locol restaurants that development that cau!d include applied bioscence-reloted produce waste oil for biofuel and/or loco! businesses that could businesses such as blochor or biofuel production, with benefit from biochor. particular consideration given to sites such as vacant or underutilized portions of Wolters Industrial Pork. Establish the physical site and infrastructure needs to be highly attractive to applied biosdence-re!oted businesses. The ED Director, again in coordination with current partners and the EDC, Chamber and appropriate councils of Envision Mineral Wells should establish an aggressive campaign aimed at identifying and attracting applied bioscience-related businesses to Minero! Wells. O'I 00. Recommendation 19 The Chamber of Commerce is recommended to Collecting and reporting the results of the survey to the business community and leadership along with a series of transform the current business ambassador goals to address needs cited by local businesses. program into the much larger, more aggressive Maintaining communication with business owners/leaders to ilR&E program. The BR&E model proposed for report progress toward solutions. Mineral Wells is intended to build on increased Considering activities and a marketing campaign designed level of responsiveness to meet business needs to create awareness and interest about the program, including a major Chamber event to report findings and while also making a strong case for Chamber actions. membership. The program includes: Assessing and expanding the program annually. Training ambassadors in business interview techniques and providing them with o series of critical questions, induding a common set of questions ond another important to their industry. Typical questions ore aimed at determining their productivity, likelihood of expanding, and identifying needs or issues. Incorporating local leadership from the City of Mineral Wells, major businesses, the Chamber, Minero! Wells !SO, and other known community leaders os ambassadors to show o united effort and !eve! of commitment. Breaking down the local business community into categories Important to Mineral Wells to help ensure a balanced response, including from groups such as small business owners and major industrial leaders. Selecting o random sample from among -the categories of businesses and conducting interviews with those businesses. °'<.O • ,., .. -m er1 I • Annually (or more frequently if preferred) the ED Director and leadership of the Chamber of Commerce should jointly invite the Economic Development Corporation, appropriate councils of Env·1sion Mineral Wells and experts in industry trends to assess the path of current industries promoted by Mineral Wells (including UAS and applied biosciences), identify and identify others that are potentially a strong fit for Mineral Wells and the community brand. • The intent of this exercise is to attempt to ovoid the experiences that hove plagued Mineral Wells in the post by recognizing threats to established clusters and opportunities as o result to new innovation and changes in various industries. It is also on opportunity for the public sector to take full advantage of one of the most beneficial practices of long lasting businesses. -...i 0 Recommendation 21 • The ED Director and Main Street Coordinator should • Consider an array of incentives and programs identify opportunities to apply the 10-10-10 Rule as intended to spur redevelopment of downtown recommended by leading downtown expert Roger structures, including: Brooks - 10 unique restaurants, 10 interesting Incorporation of downtown redevelopment as port of o Chapter shopping options and 10 businesses that remain open 380 policy post 6pm - all within o tight, walkable area. Establish o foi;ade and site improvement grant program aimed at rehabilitation and occupation of downtown structures • Consider a Retail Challenge Contest similar to Utilize TIRZ resources as a means of reimbursing the private sector Redwing, Minnesota as a fun way to bring attention to for public improvements downtown and potentially fill vacant storefronts. The Coordinate with property and business owners to establish a "business plan" for Opportunity Fund investment in the eligible challenge includes: area Determination of the types of uses desired in downtown to ensure on!y preferred business types apply. • Identify and improve open spaces in downtown for A series of incentives -as o reword to the winning business, purposes of creating outdoor and social spaces potentially including offset of startup costs, fo~ode and signoge enhancements, and subsidized rent for a period of time, Ensure that development codes do not interfere with a An open pitch competition. variety of business practices such as outdoor cafes, food trucks and more. Also consider use of codes that penalize property owners that allow buildings to remain unoccupied or fall into disrepair .....---l ecommen e~ Develop one or more events, festivals or activities unique to the history and culture of Mineral Wells, ot least one of which should be intended to attract regional attention annually. Ideas include: A 1910s to 1930s era event complete with characters important to Mineral Wells or known to have vistted the town such as Clark Goble, Judy Garland, the Three Stooges and Dole Evans. A downtown wide nMystery Night" with teams coordinating to solve the historic "whoduni( mystery. An event of this nature could be coupled with another activity. A downtown game of ~cops and robbers" in on effort to chase down Bonnie and Clyde. An expansion of Spooky Wells to toke advantage of the community's reputation for ghostly guests. A music, arts or fi!m festival toking place throughout downtown over the course of a weekend. A fun ?O's themed ~Top Gun~ style event in honor of the pilots and their families that often called Minero! Wells ~home" Join the Main Street Program. • Complete the state and local registry process for downtown Mineral Wells. -...J N Recommendation 23 • The Urban Planner should identify opportun1t1es for improvement such as a dedicated bike lane, designation of portions of the street and parking area far seating, play areas, parks, plazas, and pop up retail. The Urban Planner can solicit assistance from local business owners, area residents or the appropriate council of Envision Mineral Wells. The Urban Planner could also consider requests for ideas from the general public through a marketing campaign designed to draw interest to the program. • The EDC and/or City Council should annually set aside a limited amount of funds for the program. • Establish measurable goals in advance of each project and compare to actual results. • Implement and highly publicize each project for community involvement and feedback. • Consider funding to make successful projects permanent. -....iw w co n .I The Urban Planner should inventory the current "graduation" pipeline for oil types of business including restaurant/food related, retail, office/services, ond manufacturing/repair to determine if a small business can gradually grow from a startup to a mature small business. • Assess and recommend improvements to the Farmer's Market in terms of location, hours, amenities, tenant mix, and management to ensure balance ond long term success, os well as a path ta expansion, when appropriate. • Identify vacant or underperforming commercial spaces and consider alternatives such as Pop-Up Retail or Coworking space, if appropriate. "-I """'. Recommendation 25 • Task the Chamber of Commerce with a development of a continuously operating and evolving Local First campaign aimed at promoting all forms of locally owned and operated businesses ranging from restaurants and retail to hardware stores and fitness studios. Maintain and enhance the Shop Local campaign operated by the Chamber of Commerce during the holiday season. • Seek out creative methods for marketing and encouraging Local First that create a source of pride in local spending and support for the residents and business owners of the community, including rewords programs and other benefits. '-J (.)'1 ~ co e I The Chamber of Commerce should take every effort to • The Chamber of Commerce should assemble an ensure that small businesses are well represented in evolving team of successful business owners and an expanded Business Retention and Expansion managers, and others with valuable skill sets that con program. provide incite, mentorship, and advice to local entrepreneurs and small business owners. • The Urban Planner and ED Director should work together to identify barriers to Small Business creation • Coordinate efforts between the ED Director and the and expansion that can be addressed, including Urban Planner to ensure that entrepreneurs and small inflexible codes that do not support nontraditional business owners are offered the best customer business types such as food trucks, coworking and experience possible when seeking permits, plan home short term rental concepts such as Airbnb. approval or other support. • Promote economic gardening as a means of allowing the ED Director ta assist local businesses in efforts to grow in a specific market or consider a new market. Economic gardening allows the ED Director to provide information that typically requires costly data collection and research by private firms. The economic gardening program is most beneficial to businesses that design and/or manufacture a product, although it can also support retail and entertainment activities. -...J °'' Recommendation 27 • The ED Director ond Urban Planner should jointly consider partnership with private entities such as lending institutions, foundations such as the Kellogg or Packard Foundations, to establish on annual innovation competition aimed at: Recognizing the community's innovative history Promoting Mineral Wells as a forward thinking community that rewords ~big thinking'' Making innovative people aware of Mineral We!ls • The Chamber of Commerce should consider on Entrepreneurship Challenge that could work similarly to the Retail Challenge for downtown, perhaps with a focus outside of the focus of the retail challenge such as on UAS, Bio-Processes or other sectors that support the local economy (including everyday entrepreneurial activities such as a lawn mowing service) . • -.._J -.._J • $ Rec:::on1rne d I The EDC should fund a local Increment Development workshop through the Incremental Development Alliance. Utilize the expertise of the Incremental Development Alliance or similar experts to train individuals interested in a development career (or hobby) in the aspects of incremental development thereby allowing any person regardless of income or education level to become developers. The program benefits the community by: Promoting rehabilitation or new development beginning at o small scale that enhances the community Creating additional revenue streams into the local economy Providing nontraditional developers with skills that con result in establishing a new pool of entrepreneurs • If sufficient interest is there, the ED Director should coordinate with lenders to establish loan programs supportive of incremental development efforts by the local public. --..i ():) • Recommendation 29 • The Urban Planner should coordinate with leadership of Mineral Wells ISO to identify higher education institutions with expertise or programs that could be a fit with the needs of the community, including those that could offer enhanced skills in STEM with on aim toward bolstering UAS and Bio-Process os well as other emerging industries. • To the extent possible the Urban Planner and ED Director should jointly seek a location for the Educational Hub that can be tronsformotive such as near downtown or as part of a master planned Wolter Industrial Park. • Consider development of o business incubator as an extension of the Education Hub that can offer space and mentorship to emerging businesses. The incubator may be physically located with the Education Hub or in a separate location. • Allow flexibility in the Hub to respond to business needs as reported 1n the Business Retention and Expansion Program. -...J '°' ® c:omme I The ED Director, in coordination with leadership Allow the makerspace, through partnership with of the Chamber, should investigate opportunities Mineral Wells ISO to become an extension of to partner between entities such as Mineral Wells STEM programs for its elementary, middle and ISD, Weatherford Community College (or another high school students. community college), nonprofit organizations, and private entities to finance, staff and maintain a • Provide business development and economic makerspoce. gardening assistance to those individuals seeking to produce a product as port of a startup or Design the makerspace to inspire people of all expanding business. ages to learn, innovate and make. • • Identify emphasis on o number of areas Consider a program to reduce the cost of appropriate to Mineral Wells including membership for businesses seeking to expand or woodworkers, sculptors, machinists, robotic enhance a product or entrepreneurs seeking to engineers, bicycle makers, jewelry-makers, develop a product. photographers, printmakers etc . . co 0 • Recommendation 31 ~ • The ED Director, in coordination with the EDC, should CJ~c:J ~~§ identify desired businesses that support the community : '1 brand of health, wellness and nature such as day spas, ~ bath houses, massage therapy, yoga, sports and outdoor activities, bike and kayak rentals. • Create incentives to make the community more attractive to businesses associated with the brand, including consideration of attracting community brand businesses os part of Chapter 380 incentives. • The ED Director should make businesses that embody the community brand a priority in development of o small business and entrepreneurship program, as well as in pursuit of businesses to attract to the area. • The Urban Planner should identify locations within the community to create opportunities for brand related business development. As examples: Bike Rentals, Ice Cream Soles or Similar Pop Up Activities at the Mineral Wel!s Trai)heod of the lake Mineral Wells State Troi!woy Downtown for o Bike Soles and Other Outdoor Gear . ,_,co $ --mmertd I §ig In addition to activities proposed for downtown, the W$.~8 ED Developer should coordinate with the Chamber of ' Commerce to develop a series of major events or ~ activities such as a half marathon, triathlon, cooking competition, or other events that con capture a regional (or larger) audience and promote the events as part of the community brand. Coordinate with organizations or individuals with experience in specific activities or that specifically promote o given type of event and ore looking for a new location. Hotel Occupancy Tox Funds con be utilized for events and activities designed to attract a regional or notional audience that will require overnight accommodations. Seek out private sponsors for major events. At least one activity should be considered o major marketing effort for purposes of attracting on audience of tourists and potential investors. • Coordinate to promote the use of regional park facilities for: major sports events ranging from walking events to more aggressive octlv!tles such as on American Ninja -style three day activity. music events and performing arts activities such as srnoH concerts, summer ploys and more. co N Recommendation 33 ~ • The ED Director, ,in coordination with the Urban ~~"~§\l 6".~c:i Planner, EDC, Chamber and other interested parties should partner with Texas Parks and Wildlife, Palo ~ Pinto County and Parker County to determine improvements to State Parks and other Publicly Accessible Attractions that could boost attendance and active use of natural areas. Consideration should be given to physical improvements that would allow for commercial activity within the pork areas that complement pork use, including bike and kayak rental, refreshments and more. Uses should be located at logical spaces such as troi!heods or near spaces such as the amphitheater at Minero! Wells Lake State Pork. Enhance the trail network with amenities that encourage use as well as signoge, artwork or other features that odd interest and educate users. Consideration should be given to adopting the activities and features along the trail to complement upcoming attractions. For example, the Notional Vietnam Wor Museum may wish to adopt a portion of the trail to include amenities relative to the area's role ·in war efforts. Coordinate to expand the trail stroteglcol(y to connect even more amenities throughout the region. CX> (....) ~ ecommend I The ED Director should coordinate with the Chamber of Commerce to identify critical locations and audiences to reach in a marketing and ad campaign. • The Chamber of Commerce should coordinate with a marketing agency to create a full marketing pion and materials, including ads, social media and other messaging. • Initiate a targeted approach toward establishing the community brand in the eyes of both local and outside audiences through marketing outreach and techniques. • Tie the community brand into efforts to increase tourism in the oreo . . ~ • Recommendation 35 • Through lnter!ocal Agreement or other means, establish a shared cost for marketing materials, ads and more that are marketing the recreational lifestyle available in the area surrounding Mineral Wells. A portion of the cost could be paid through shared use of Hotel Occupancy Tax funds. • The Urban Planner should coordinate with a signage consultant to d·evelop a unique and highly marketable wayfinding program directing tourists, residents and potential investors between Mineral Wells and the surrounding parks, lakes and other natural/cultural areas. Cost for design and installation should be shored by Mineral Wells and the surrounding counties to the extent appropriate. They woyfinding program should continue to represent the community brand, however, it should be separate from the community logo and slogan given that it Is a program in common between government entities. Annually allocate a shored maintenance program to be administered by a single entity. CX>' U1 el,#J'U m ti The Urban Planner should identify one or more facilities that can be rehabilitated and operated as a center for artists ldentify the needs of the various arts to be attracted and promoted in M'inero! Wells ranging from painters, sculptors and craftsmen to writers, performers and film producers. Determine if o single facility con accommodate the needs of the various arts or if multiple venues ore needed. Prioritize facilities to pursue. Facilities for consideration shou!d be existing structures located in or near downtown OR offer a cultural connection to the community and offer a connection to downtown and other amenities. • The Urban Planner should establish or identify o nonprofit entity to pursue funding for rehabilitation and operation of one or more arts facilities in Mineral Wells. Funding resources could indude crowdfunding, foundations and grant sources, TIRZ funds, Type B funds and genera! funds. If tied to o profit model such os o mixed use facility with market rote commercial or residential development, then the project could be supported with Opportunity Funds. A facility could o!so be designed for paying functions as another means of generating revenue . . CXl O'l Recommendation 37 The Urban Planner should coordinate with Chamber and the local arts community to identify and develop spaces for exterior and interior art installations. Examples include: Murals canvassing the open face of buildings, particularly in downtown Interactive art in parks and downtown urban spaces, including artwork in state porks where the art fits the character of the pork space Kinetic or:: or other artwork at troi!heods or along trails Urban spaces sufficient for performing arts !nstaJJotion of artwork for presentation or sale at local businesses Utilize "pop up" art as part of Tactical Urbanism throughout downtown and other oreos. • Identify and implement festivals or events such as o local film festival or arts event o:i' '..J ' ~ me I The ED Director should coordinate with the EDC and Chamber of Commerce to build upon the momentum of recognition os o certified "Film Friendly" community and expand this effort to oil arts desired for Mineral Wells. • Task the Urban Planner and Chamber of Commerce to coordinate with Arts professionals, including those in the film industry, to recommend steps the community can take ta be considered on outstanding partner for bringing the arts to the community, including: Outreach efforts to the film industry and professional organizations to encourage consideration of Mineral Wells for films, performances and more Streamlining activities, processes and communication efforts to make activities such as filming or art production as effortless and coordinated as possible Offering incentives to offset costs associated with filming or art production in instances where there is dear benefit to Mineral Wells such as reimbursement of on amount equal to a portion of soles tax or hotel occupancy tax funds from dining end lodging in loco! establishments Investigating programs and benefits offered by peer communities for potential adoption by Mineral Wells Coordinating with county partners to offer similar benefits outside of city Ji mi ts 00' 00 Recommendation 39 The Urban Planner should coordinate with city leadership to place an emphasis on strategic roadway and infrastructure repair • The Urban Planner should identify and enhance streetscapes, public spaces and public facilities to both meet the needs of the community but to also enhance the impression people hove of the community. • The Urban Planner should enhance entryways and gateways to the City to provide a welcoming introduction to Mineral Wells that is reflective of the community's brand. • The City of Mineral Wells should aggressively enhance efforts to enforce codes and maintain a high standard of appearance, including programs ta maintain vacant facilities. • The City of Mineral Wells should improve, modernize and enhance community parks and facilities including City Park and the Dunbar Community Center as showcase facilities reflective of a standard expected in the private sector and with the amenities that make them a relevant and desirable draw, potentially even for an area that extends beyond Mineral Wells. co' l.O ' & ecomme I The Urban Planner and leadership of the Chamber of Commerce should coordinate with local lenders to design o low interest loan program or housing subsidy directly aimed at enticing artists, entrepreneurs and other ·interested parties into existing neighborhoods, particularly those near downtown. Housing program should require home repair or rehabilitation where appropriate and should o!low for use of the home to also serve as a studio or other home occupation. Program should focus on homeownership rather than rental and should require o minimum commitment of five years. Consider o program that transforms the loon/subsidy into a grant after a period of ten years of living in the home. Further consider the opportunity for artists, entrepreneurs and others with a distinctive skill set to reduce that period in return for actively participation in education or other desired programs. Strategically select neighborhoods in which the program is proposed. An integration of artists, entrepreneurs and similar professionals into a community can be extremely catalytic when managed. Funding for the program could include compet'1f1ve funding through the Community Development Block Grant Program or similar resources. The some program con be applied to workforce housing. \.0 0 Recommendation 41 • The Urban Planner should amend subdivision regulations to: Require o conceptual site plan focused on toking advantage of local topography, development of social spaces, pedestrian and bicycle connectivity, and incorporation of the community brand. Allow flexible lot size requirements and a mtx of housing types to accommodate creative site design and housing that is more appropriate to market demands. Conserve open spaces and promote design fitting of the character of the area. For example, development near rural areas should incorporate the rural character into site design_ • Consider incentivizing new development that seeks to provide a distinctive, amenitized product unique to the Mineral Wells area. Consider development of a reinvestment zone to reimburse the developer over time for costs associated with capitol Improvement, including roadways, trails, porks, public beautification efforts, and more. Consider a municipal management district as on option for more moderate improvements and ongoing maintenance. Traditional tract housing subdivisions, typical architecture and large lot development found easily in other communities should not be considered sufficient for incentives. .....<.O AGENDA ITEM COMMENTARY ITEM TITLE Consider and take action on a resolution establishing a Library Fine Free Pilot Program. INITIATOR/STAFF INFORMATION SOURCE Margie Rose, Interim City Manager Louanne Noel, Library Manager Boyce Ditto Library Advisory Board BACKGROUND In 1993 the American Library Association (ALA) declared overdue fines to be a possible impediment interfering with equitable access for some users. We believe significant portions of our community may be affected by impediments such as those described in the ALA initiative. Additionally, other more compelling reasons for this change are these: • The evidence seems to support the position that overdue fees may actually serve as a deterrent from returning most materials. • Our main purpose is to be the people's free university. Our purpose is to educate. These fines may not encourage a safe sensitive educational environment for some. As well, interactions are almost always negative and create a strong feeling of ill will with some people. The 2018-2019 proposed revenue budget amount is $7,000. The amount expected to collect in overdue fines is $3,000 of the $7,000. From October 1, 2018 to March 20, 2019, we have generated $1,527 in overdue fee income. EXHIBITS • Resolution • Resources on Removing Fines and Fees Document COUNCIL ACTION Approve/Disapprove a resolution establishing a Library Fine Free Pilot Program. RECOMMENDATION Approve a resolution establishing a Library Fine Free Pilot Program. ITEM# b 05/07/2019 -92- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MINERAL WELLS, TEXAS, ESTABLISHING A LIBRARY FINE FREE PILOT PROGRAM; PROVIDING SAVINGS, REPEALING, AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the American Library Association ("ALA") declared overdue monetary fines to be a possible impediment interfering with equitable access for some users to services provided by libraries; and WHEREAS, monetary fines present an economic barrier to access oflibrary materials and services, and evidence indicates eliminating fines increases library card adoption and library usage; and WHEREAS, significant portions of the community within the City of Mineral Wells, Texas (the "City") may be affected by impediments such as those described in the ALA initiative; and WHEREAS, monetary fines create a barrier in public relations, and absorb valuable staff time applying, collecting, and managing dues; and WHEREAS, subsection 58-62(f) of the Code of Ordinances of the City authorizes the City Council of the City of Mineral Wells, Texas (the "City Council") to waive any charges or fees when it is determined to be in the interest of the City; and WHEREAS, the City Council finds it is in the best interest of the City to establish a temporary Pilot Progran1 for the City's Library Department to become "Fine Free" on overdue materials; and WHEREAS, the City Council finds and determines that the waiver of the monetary fines on overdue materials serves a public purpose in providing greater access to services provided by the City's Library Department and in turn freeing up staff time in applying, collecting, and managing dues. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MINERAL WELLS, TEXAS: Section 1. Findings Incorporated. The findings recited above are incorporated as if fully set forth in the body of this Resolution. Section 2. Library Fine Free Pilot Program Established. The City Council of the City of Mineral Wells, Texas establishes a Library Fine Free Pilot Program (the "Pilot Program") that shall expire on May 6, 2020. During the duration of the Pilot Progran1, pursuant to subsection 58-62(f) of the Code of Ordinances of the City, the City Council directs staff to waive overdue fines for those imposed by the City, with the exception of those fines or fees set by a lending library in the Resolution_ Establishing a Library Fine Free Pilot Program Page I -93- consortium or through an interlibrary loan agreement. Lost library materials reported to the City must be provided within ninety (90) days of declaring said item lost and paying for item. Section 3. Savings/Repealing Clause. All provisions of any resolution in conflict with this Resolution are hereby repealed to the extent they are in conflict. Any remaining portions of said resolutions shall remain in full force and effect. Section 4. Severability Clause. Should any of the clauses, sentences, paragraphs, sections or parts of this Resolution be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid pmtion of this Resolution. Section 5. Open Meetings. It is officially found, determined and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered at such meeting, including this Resolution was given, all as required by Chapter 551, as amended, Texas Government Code. Section 6. Effective Date. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED on this the 7'11 day of May, 2019. Christopher M. Perricone, Mayor ATTEST: By: Peggy Clifton, City Clerk APPROVED AS TO FORM: By: Wm. Andrew Messer, City Attorney H.esolution _Establishing a Library Fine Free Pilot Progran1 Page2 -94- Resources on and Press Coverage or Removing fcines and Fees o De Priest, M. (2016). Removing Barriers to Access: Eliminating Library Fines and Fees on Children's Materials. Colorado State Library. Retrieved from http:/ /www.cde.state.eo.us/cdelib/removingbarrierstoaccess 0 Dixon, J. A. (2017). Doingfine(s)? Library Journot, 142(6), 40-44. Retrieved from http: /fl j.Ii brarvjo u ma I.com /2017 /04/b ud gets-funding/doing-fines-fines-fees/# · o Eberhart, G.M. (2017) Doing Away with Fines: A consummation devoutly to be wished? American Libraries. Retrieved from https://americanlibrariesmagazine.org/blogs/the scoop/doing-away-with-fines/ o Fallon, C. {2017). Libraries Are Dropping Overdue Fines - But Can They Afford To? If libraries get rid of fines, the benefits may outweigh the losses. Huffington Post. Retrieved from https:l/www.huffingtonpost.com/entrv/libraries-are-dropping-overdue-fines-but-can-they afford-to us 5913733ae4b0blfafd0dccc2 o Graham, R. (2017). Long ove_rdue: Why public libraries are finally eliminating the late-return fine. Slate. Retrieved from http:/!www.slate.com/articles/arts/culturebox/2017/02/librarians are realizing that over due fines undercut libraries missions.html o Kohn, I<. {2015). Fine (Free) and Dandy: Libraries Say Good-bye to Overdue Charges. Illinois Library Association. Retrieved from https:l/www.ila.org/publications/ila reporter{article/21/fine-free-and-dandy-libraries-say-good-bye-to-overdue-charges o Mosley, P.A. (2008). Moving away from overdue fines: One academic library's new direction. Journal of Access Services, 2(1) o McMenemy, D. {2010). On library fines: Ensuring civic responsibility or an easy income stream?. Library Review, 59(2), 78-81. o Nir, S.M., & Mays, J.C. (2017). New York City's Libraries Will Forgive All Children's Fines. New York Times. Retrieved from https:/lwww.nytimes.com/2017/10/18/nyregion/new york-city-libraries-amnestv-childrens-fines.html o Overschmidt, T. (2017). Libraries consider dropping late fines and fees to bring families back. KUSA TV. Retrieved from http:l/www.9news.com/news/education/libraries-consider dropping-late-fines-and-fees-to-bring-families-back/403013233 -95- o Pyatetsky, J. (2015). The End of Overdue Fines? Public Libraries Online. Retrieved from http:/Ip u b Iid ib ra ri eso n line.org/2015/11/th e-end-of-ove rd u e-fin es/ o Reed, K., Blackburn, J., & Sifton, D. (2014). Putting a sacred cow out to pasture: Assessing the removal of fines and reduction of barriers at a small academic library. The Journal of Academic Librarianship, 40, 275-280. 0 Sifton, D. {2009). The last taboo: Abolishing library fines. Partnership: The Canadian Journal of Library and Information Practice and Research, 4(1), 1. o Sung, J. S., & Tolppanen, B. P. (2013). Do library fines work?: Analysis of the effectiveness of fines on patron's return behavior at two mid-sized academic libraries. The Journal of Academic Librarianship, 39, 506-511. -96- AGENDA ITEM COMMENTARY ITEM TITLE Receive update by Mayor Perricone related to his appointment on the North Central Texas Emergency Communications 9-1-1 District Board. INITIATOR/STAFF INFORMATION SOURCE Councilmember Doyle Light BACKGROUND Councilmember Light had asked the Mayor to give an update at the April 16 City Council meeting. EXHIBITS None COUNCIL ACTION None RECOMMENDATION None ITEM NUMBER _.,_7__ MEETING DATE 05-07-2019 -97- AGENDA ITEM COMMENTARY ITEM TITLE Consider and take action for Award of Bid in the amount of $192,125.00 to Peachtree Construction, LTD. for the Holiday East Paving Project (Bond Program). INITIATOR I STAFF INFORMATION SOURCE Public Works I Bob Neal, Director of Public Works BACKGROUND As part of the 2018 Bond Program, City Council approved the plans and specifications and authorized staff to advertise and receive bids for the Holiday East Paving Project on March 19, 2019. On April 17, 2019, four (4) bid proposals were opened and read aloud, with the lowest bid being from Peachtree Construction, LTD. in the total amount of $192, 125.00. The base bid of $160,000.00 is for the asphalt work, with alternate bids items in the amount of $32,125.00 for concrete curb and gutter work. The project engineer, Schrickel, Rollins and Associates, Inc., evaluated the bid proposals and the contractor's performance history and recommend the base bid and alternate bid from Peachtree Construction, LTD. in the total amount bid of $192, 125.00. EXHIBITS Schrickel, Rollins and Associates, Inc. Letter of Recommendation Bid Tabulation COUNCIL ACTION Approve/Disapprove Award of Bid to Peachtree Construction, LTD. for the Holiday East Paving Project. RECOMMENDATION Staff recommends Award of Bid in the amount of $192, 125.00 to Peachtree Construction, LTD. for the Holiday East Paving Project. Item Number 8 Meeting Date 05/07/2019 -98- PARKHILLSl\/llTH&CC!OPEF: April 18, 2019 Mr. Bob Neal Director of Public Worl RE: Paving Improvements-Holiday East (2018 Bond Street/Maintenance Project) Dear Mr. Neal: On April 17, 2019 we received four (4) bids for the Paving Improvements for it1e Holiday East Street Maintenance project. The low base bid was submitted by Peachtree Construction, LTD from Keller, Texas in the amount of $160,000.00. Included in the bids were an alternate unit pricing for concrete curb and gutter and concrete valley gutters. Peachtree Construction has performed satisfactory on similar projects for the City of Mineral Wells in the past and are well qualified to perform this work. Therefore we recommend that the base bid plus the alternates be awarded to Peachtree Construction, LTD in the amount of $192, 125.00. Attached please find a tabulation of the bids received. We will forward the original bid documents under separate cover. Please feel free to call if you have any questions or need any additional information. Yours very truly, SCHRICKEL, ROLLINS AND ASSOCIATES, INC. tce1i ,../ 1 ·r !. ,_\/ ' .;'r·J/ ,~~\ ,' I \ -''_1 ,C·d/16 -r ~Z ¥ ,? 1,;v( ·dff) Sanford P. LaHue, Jr., P..E. SL/sl attachments N:\2018\0975.18\07_SRA\5392\07 Cost & Bid\Bld\Ho!iday East\PSC~letter of Recon1mendation.docm Abnene Albuquerque Amarillo Arlington Austin El Paso Frisco Las Cruces lubhocl< Midland leam·psc.com -99- City of Mineral Wells Paving Improvements - Holiday East Bid Opening: Aprll 17, 2019 - 2:00 PM Peachtree Construction Reliable Pavlng, Inc. Pavecon Public Works Texas Bit Keller, Tx Arlington, Texas Gand Prairie, Texas Irving, Texas Item Oescriotion Quantitv Unit Unit Price Total Unit Price Total Unit Pri~~ .. Total Unit Price rotL_ BASE BID - 1 Mobil!zalion and De-Mobilization 2 EA $ 500.00 $ 1,000.00 8,000.00 16,000.00 7,500.00 15 000.00 2,976. 19 ~E~ 2 Fl! 2" T\ine D fine oraded binder surface course 15,000 SY s 10.55 $ 1§8,250.00 11.60 174,000.00 i 1,50 172,500.00 12.12 181,BOO.OO 3 Fii Traffic Control Plan and devlces 1 LS $ 750.00 $ 750.00 3,000.00 3,000.00 2, 150.00 2, 150.00 4, 166.67 4,"!66.67 TOTAL BASE BID $ 160.000.00 193.000.00 '189 650.00 'I 91.919.05 ALTERNATE BID ITEMS - -- ·-·-~· 1 F/l/ 6" Concrete Curb and 24'' Gutter 575 LF $ 39.00 s 22,425.00 26.00 14,950.00 47.00 27,025.00 22.62 - 13,006.50 2 FIV Concrete Va!!ev Gutter 100 SY s 97.00 $ 9,700.00 70.00 7,000.00 135.00 13,500,00 86.91 8,691 .00 .. _ J_ -- ~-- C=:JReliable Paving's submllted bid had math error for bid item 1. Their total for item ·1 v1as $8,000 as submitted. I-'0 097518.00 Page 1 4/18/19 0 AGENDA ITEM COMMENTARY ITEM TITLE Consider and take action on approval of plans and specifications and authorization to advertise and receive bids for the 2019 Paving Improvements. INITIATOR/STAFF INFORMATION SOURCE Public Works/ Bob Neal, Director of Public Works BACKGROUND As part of the 2018 Bond Program, as Proposition A for street and road improvements, including replacement of utilities in connection with such street and road improvements, Parkhill, Smith & Cooper, Inc. (formerly Schrickel, Rollins and Assoc., Inc.) have prepared plans and specifications for the 2019 Paving Improvements and are ready to advertise and receive bids for the following streets: • SE 121h St. from SE 161h Ave. to SE 22nd Ave. • Travis St. from US Hwy 180 West to Cactus St. Advertisement for this project will be published on May 11, 2019 and May 18, 2019, with bid proposals to be received and opened on May 28, 2019. The recommendation for the award of bid will be presented at the City Council meeting on June 4, 2019. Copies of the plans and specifications are available in the City Council Chambers if Council wishes to review them. EXHIBITS Parkhill, Smith & Cooper, Inc. (formerly Schrickel, Rollins and Assoc., Inc.) cover letter Opinion of Probable Construction Cost Bid Documents/Plans (available in Council Chambers) COUNCIL ACTION Approve/Disapprove plans and specifications and authorization to advertise and receive bids for the 2019 Paving Improvements. RECOMMENDATION Approve plans and specifications and authorization to advertise and receive bids for the 2019 Paving Improvements. Item Number Meeting Date 05/07/2019 -101- l!'I •"ii.l!'l ll,!il!i'4i!l!I!, PARKHILL"'''!\'. April 23, 2019 Mr. Bob Neal Director of Public Works City of Mineral Wells P.O. Box460 Mineral Wells, Texas 76068 RE: 2019 Paving Improvements S.E. 12th Street - S.E. 15th Avenue to S.E. 22nd Avenue Travis Street- U.S. Hwy. 180 W. to Cactus Street Dear Mr. Neal; Please find attached the plans and specifications for the 2019 Paving Improvements, S.E. 12th Street- S.E. 161h Avenue to S.E. 22nd Avenue and Travis Street- U.S. Hwy. 180 W. to Cactus Street. We are requesting an item on the May 7th City Council agenda to consider approval of these plans and permission to advertise the project for bids. Upon approval of plans, we would advertise on May 11th and May 18th and open bids on May 281h. Also attached is our Opinion of Probable Construction Cost ( OPCC) for the project. We included a summary of the 2018-2019 Bond Amounts and our OPCC's for this project for reference. Sincerely, PARKHILL, SMITH & COOPER, INC. 1 By _ . 4i~L l t'v1 kJ";:l~-- __ Sanford P. LaHue, Jr., P.E. Senior Practice Leader SPUspl Enclosures cc: Arnlene Albuquerque Amanllo Arlington Austin El Paso Fnsco Las Cruces Lubbock Midland team-psc.com -102- Opinion of Probable Construction Cost 2019 Street Improvement Projects City of Mineral Wells April 2019 S.E 12th Street-Paving ITEM DESCRIPTION QUANTITY UNIT lJNlT PRICE TOTAL 1 Mobilization/Bonds/lnsurance 1 LS. .$ 25 .. 000.00 $ 25,000.00 2 Polvermix/Cement Treatment 10,700 S.Y. $ 10.00 $ 107,000.00 3 2" Type 'D' Hot Mix Asphalt 10,700 S.Y. $ 12.50 $ 133,750.00 4 Singie Course Surface Treatment 10,700 S.Y. $ 5.00 $ 53,500.00 5 Flexible Base 250 C.Y. $ 15.00 .$ 31750.00 6 Haul Off Excess Roadway Material 500 c.v. $ 15.00 $ 7,500.00 7 Remove Ex. Curb & Gutter 1,700 LF. $ 15.00 $ 25,500.00 8 Install Cone. Curb & Guter 1,700 l.F. $ 30.00 $ 51,000.00 9 Remove Cone. Driveway 471 S.Y. $ 20.00 $ 9,420.00 10 Install Cone. Drive Approach 429 S.Y. $ 75.00 $ 32,175.00 11 RemO\le Cone. Valley Gutter 30 S.Y. $ 25.00 $ 750.00 12 Install Concrete Valley Gutter 75 S.Y. $ 100.00 $ 7,500.00 13 Remove Existing Curb Inlet 7 EA. $ 2,500.00 $ 17,500.00 14 Install 5' Recessed Curb ln!et 3 EA. $ 7,500.00 $ 22,500.00 15 Install 10' Recessed Curb Inlet 4 EA $ 10,000.00 $ 40,000.00 16 Asphalt Transition 35 S.Y $ 50.00 $ 1,750.00 17 Traffic Control 1 LS. $ 5,000.00 $ 5,000.00 18 SWl'PP 1 LS. $ 5,000.00 $ 5,000.00 SUB-TOTAL S.E.12th Street-f'aving -103- Travis Street-Paving ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1 Mobilization/Bonds/Insurance 1 L.S. $ 7,500.00 $ 7,500.00 2 Pulvermix/Cement Treatment 3,625 S.Y. $ 10.00 $ 36,250.00 3 2" Type 'D' Hot Mix Asphalt 3,625 S.Y. $ 12.50 $ 45,312.50 4 Single Course Surface Treatment 3,625 S.Y. $ 5.00 $ 18,125.00 5 Flexible Base 100 C.Y. $ 15.00 $ 1,500.00 6 Haul Off Excess Roadway Material 1,000 C.Y. $ 15.00 $ 15,000.00 7 Remove Cone. Driveway 134 S.Y. $ 20.00 $ 2,680.00 8 Install Cone. Drive Approach 134 S.Y. $ 75.00 $ 10,050.00 9 Asphalt Transition 50 S.Y $ 50.00 $ 2,500.00 10 Traffic Control 1 L.S. $ 5,000.00 $ 5,000.00 11 SWPPP 1 L.S. $ 5,000.00 $ 5,000.00 SUB-TOTAL Travis Street-Paving $ 148,917.50 S.E. 12th Street-Water ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1 6" Water line 80 L.F. $ 75.00 $ 6,000.00 2 6" Tapping Sleeve & Valve 2 EA. $ 3,000.00 $ 6,000.00 3 6" Gate Valve 3 EA. $ 1,500.00 $ 4,500.00 4 Ductile Iron Fittings 0.25 TNS $ 10,000.00 $ 2,500.00 5 Standard Fire Hydrant 1 EA. $ 4,000.00 $ 4,000.00 6 Cut & Plug Exist. 6" Water Line 2 EA. $ 1,000.00 $ 2,000.00 -104- 7 Remove & Salvage Ex. Fire Hydrant 1 EA. $ 1,000.00 $ 1,000.00 SUB-TOTAL S.E. 12th Street-Water $ 26,000.00 Summary of Project Cost Project 2018-2019 Bond Amount OPCC S.E. 12th Street-Paving $ 562,000.00 $ 548,595.00 Travis Street-Paving $ 164,000.00 $ 148,917.50 S.E. 12th Street-Water $ 15,000.00 $ 26,000.00 -105- Agenda Item Commentary Title Approval/disapproval of a resolution to execute a Consortium Agreement for sponsoring a Paramedic program with PERCOMOnline Inc. and authorize the Mayor to execute same. Initiator I Staff Information Source Mike Pool, Fire Chief Background Mineral Wells Fire EMS strives to provide a high level of pre-hospital care to the sick and injured of Mineral Wells and portions of Palo Pinto County. There is currently a national shortage of qualified Paramedics across the nation. There is also a difficulty due to this shortage in finding educational programs that are suitable for currently employed staff. This consortium agreement with PERCOMOnline Inc. will allow Mineral Wells Fire EMS to assist in the quality education received of future employees and allow Mineral Wells to continue in its efforts to maintain a high level of pre-hospital care. Exhibits Resolution Consortium Agreement Sponsoring Institution Responsibilities for Consortium Council Action Approve/disapprove the Consortium Agreement ITEM# /0 05/07/2019 -106- STATE OF TEXAS § COUNTY OF PALO PINTO § RESOLUTION CITY OF MINERAL WELLS § BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MINERAL WELLS, TEXAS, that the City Council hereby authorizes execution of a certain Consortium Agreement by the Mayor, between the City of Mineral Wells Fire EMS and PERCOMOnline Inc. for the purpose of Paramedic education as outlined in the agreement. ADOPTED BY THE MINERAL WELLS CITY COUNCIL in a public meeting held on the 7th day of May, 2019. Christopher M. Perricone, Mayor ATTEST: Peggy Clifton, City Clerk -107- Consortium Agreement between PERCOMOnline, Inc., and Mineral Wells Fire EMS This agreement is for the creation of a sponsor for a Paramedic education program known as the PERCOM EMS Medical Education Consortium hereinafter referred to as "Consortium", between PERCOMOnline, Inc. and Mineral Wells Fire EMS entered into this 7th day of May, 2019, hereinafter the "Agreement." I. REASON FOR AGREEMENT: Purpose: The purpose of this Agreement is to create a consortium sponsor between PERCOMOnline, Inc.and Mineral Wells Fire EMS so as to provide a Paramedic education program, including didactic, laboratory, hospital, and field internship learning experiences for Paramedic students. Whereas, both parties desire to jointly establish a consortium between PERCOMOnline, Inc. and Mineral Wells Fire EMS that will permit the sponsorship of a Paramedic educational program in accordance with the Standards and Guidelines for the Accreditation of Educational Programs in the Emergency Medical Services Professions ("Standards") of the Commission on Accreditation of Allied Health Education Programs (CAAHEP) that includes didactic, laboratory, hospital, and field internship learning experiences, thereby preparing competent entry-level Emergency Medical Technician-Paramedics in the cognitive (knowledge), psychomotor (skills), and affective (behavior) learning domains. Now therefore, in contemplation of this relationship between the parties and in consideration of the mutual covenants contained herein, the parties mutually agree as follows: 11. JOINT RESPONSIBILITIES: 1. The governance of the Consortium shall be a four member Consortium Coordinating Committee (CCC) comprised of 2 representatives from PERCOMOnline, Inc., 1 representative(s) from Mineral Well Fire EMS and 1 Represenitive from Wilson N. Jones Medical Center. The Board shall meet at least annually and be responsible for: (a) Approving the Goal(s) and Learning Domains of the Paramedic educational program in accordance with Standards II.A and 11.C. (b) Designating the program Advisory Committee in accordance with Standard 11.B. (c) Designating the Program Director in accordance with Standard 111.B.1. (d) Designating the Medical Director(s) in accordance with Standard 111.B.2. (e) Designating the faculty and instructional staff in accordance with Standard 111.B.3., or delegating that designating authority to the Medical Director and Program Director cooperatively. (f) Ensuring that the educational program has adequate resources in accordance with Standard Ill. Co.t-\Ei\1SF1 05/07120-i 9 Page 1 -108- (g) Approving the curriculum of the program in accordance with Standard 111.C. (h) Ensuring that the provisions of fair practices are met in accordance in Standard V. (i) Ensuring all activities of the educational program meet the Standards in accordance with Standard l.C. 0) Establishing policies that govern the operation of the Consortium and the educational program. (k) Establishing formal affiliation agreements or memoranda of understanding between the Consortium (sponsor) and all other entities that participate in the education of the students describing the relationship, role, and responsibilities between the sponsor and that entity in accordance with Standard V.F. (I) Ensuring the periodic assessment of the program's effectiveness in achieving its stated goals and learning domains, and reporting such results in accordance with Standard IV.B.2. (m) Maintaining minutes of all meetings of the Consortium Coordinating Committee (CCC), including documentation of fulfillment of its role and responsibilities. 2. The CCC shall have a Chair-Person and Vice Chair-Person elected by and from the CCC. 3. The Program Director shall report to the CEO of PERCOMOnline, Inc. who will report to the Consortium. 4. The curriculum shall meet the requirements of the Standards and Guidelines for the Accreditation of Educational Programs in the Emergency Medical Services Professions. 5. PERCOMOnline, Inc. and Mineral Wells Fire EMS agree that meetings between the Program Director and appropriate faculty members may be held monthly or as indicated to ensure the curriculum effectiveness of the program as well as the fulfillment of the other responsibilities designated in Standard 111.B.1.a. Meetings may be held more frequently, and may be by email and/or telephone conversations. 6. PERCOMOnline, Inc. will provide qualified instructors for the following program courses: Paramedic 1 and Paramedic 2 These instructors shall be given faculty appointments to PERCOM EMS Medical Education Consortium and shall be under the direction of the Program Director and Medical Director(s) of the Consortium. 7. The tuition and fees for the program shall set by the Board of Directors of PERCOMOnline, Inc., with subsequent review and approval by the CCC. 8. Selection to the Paramedic program shall be based on criteria as set forth in the Paramedic program Student Manual and/or School Catalog. Each student must consent to exchange of educational information in accordance with the Family Educational Rights and Privacy Act of 1974, as amended. Although PERCOMOnline, Inc. shall obtain all required consents, Mineral Wells Fire EMS shall have the right to rely on such consents and to obtain copies of such consents upon request. Co.AEfv'lSP 05/07"!20'19 Page 2 -109- 9. PERCOMOnline, Inc. shall provide classrooms, equipment, and supplies for all courses it provides in the Paramedic curriculum. 10. PERCOMOnline, Inc. and Mineral Wells Fire EMS shall abide by all applicable State and Federal nondiscrimination laws. There shall be no discrimination on the basis of race, national origin, religion, creed, sex, age, disability or veteran's status in either the selection of students for participation in the educational program, or as to any aspect of the educational program; provided, however, that with respect to disability, the disability must not be such as would even with reasonable accommodation, in and of itself, preclude the student's effective participation in the clinical program. Neither PERCOMOnline, Inc. nor Mineral Wells Fire EMS guarantees acceptance of a specific number of students. 11. The Parties agree that during the student's enrollment in the Consortium program, the faculty and staff of both members shall be responsible for evaluation of the students' performance in accordance with established academic and clinical guidelines. A student whose performance does not meet these established guidelines may be subject to academic probation or, if deemed necessary by the Program Director, dismissed from the program. A student has the right to due process with respect to enrollment with PERCOMOnline, Inc. and may appeal such dismissal as provided for in the Student Manual. The student does not have the right to due process with respect to the Mineral Wells Fire EMS or the City of Mineral Wells. 12. The students shall pay all tuition and fees to PERCOMOnline, Inc. as well as be responsible for their books, uniforms, meals, and housing while enrolled in the program. PERCOMOnline, Inc. shall provide two program participant positions per year that are tuition free for employees of the Mineral Wells Fire EMS. Upon successful completion of all academic and other program requirements, a certificate will be awarded by PERCOM EMS Medical Education Consortium. 13. Each student is required to complete health requirements as set forth in the Student Manual and/or other official publication(s) on the website prior to commencement in the hospital/field activities of the program. Each student shall be required to provide proof of required immunizations as set forth in the Student Manual and/or other official publication(s) on the website and must be able to perform his/her activities in the program in such a manner as to not pose a direct threat to the health or safety of others. 14. Both parties shall review this Agreement each year. Modification in the Agreement may be made by mutual consent at any time, so long as such modification is in writing and is signed by officials of all members. Either party may terminate this Agreement provided that a one year notice is given in writing. In the event of termination of the Consortium it is understood that all students in good standing will have the option of completing the Paramedic program under the conditions then in effect. 15. If either party receives notice of possible loss of accreditation, that party shall be required to notify the other party in writing within five (5) working days. PERCOMOnline, Inc. shall within a reasonable period of time notify all students attending the program of such loss or impending loss. 16. Unless either party gives written notice for termination of the Agreement, then this Agreement shall be automatically renewed each year for a period of one year. CoAEl'v1SP 05/0T/2019 F'age 3 -110- 17. PERCOMOnline, Inc agrees that the Mineral We/ls Fire EMS shall not be responsible for any loss, injury or other damage to the person or property of any student or faculty member participating in the didactic, laboratory, hospital, or field internship training at any facility of PERCOMOnline, Inc or Mineral Wells Fire EMS. 18. This Agreement is intended solely for the mutual benefit of the parties hereto, and there is no intention, express or otherwise, to create any rights or interests for any party or person other than PERCOMOnline, Inc. or Mineral Wells Fire EMS; without limiting the generality of the foregoing, no rights are intended to be created for any patient, student, parent or guardian of any student, spouse, next of kin, employer or prospective employer of any student. 19. Neither party is an agent, employee or servant of the other. PERCOMOnline, Inc. and Mineral We/ls Fire EMS acknowledge and agree that students participating in the didactic, laboratory, hospital, and field internship training of the Consortium program are not employees of PERCOMOnline, Inc.or Mineral We/ls Fire EMS by reason of such participation, and that by virtue of this Agreement, neither party assumes any responsibilities to the student participants that may be imposed upon an employer under any law, regulation, or ordinance. Student participants shall in no way hold themselves out as employees of PERCOMOnline, Inc. or Mineral Wells Fire EMS, unless the student participant was an employee of the Mineral Wells Fire EMS prior to his or her participation in the program. PERCOMOnline, Inc. agrees to obtain waivers and indemnification from all program participants with regard to any injuries or accidents sustained by the program participant 20. No provision of this Agreement shall prevent any patient from requesting not to be a teaching patient or prevent any member of PERCOMOnline, Inc. and/or Mineral Wells Fire EMS from designating any patient as a non-teaching patient. 21. This document contains the entire understanding between the parties with respect to the Paramedic program sponsored by the Consortium and merges within it any and all prior and/or contemporaneous negotiations, understandings, agreements, and representations, whether oral or written. This Agreement supersedes any and all prior and/or contemporaneous representations, negotiations, promises, covenants, or discussions, if any, between the parties related to a Paramedic program sponsored by the Consortium. 22. This Agreement shall be binding on the PERCOMOn!ine, Inc, and Mineral Wells Fire EMS as well as their assigns, representatives and successors in interest. 23. If any term or provision of this Agreement, as applied to any party or to any circumstance, is declared by a court of competent jurisdiction hereof to be illegal, unenforceable or void in any situation and in any jurisdiction, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending provision in any other situation or in any other jurisdiction. The parties agree that the court making such determination shall have the power to reduce the scope, duration, area or applicability of the term or provision, to delete specific words or phrases or to replace any illegal, unenforceable or void term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. CoAE!\dSP 05/07 /2()'1 S Page 4 -111- 24. In the event of any conflict between the terms, conditions and provisions of this Agreement and the applicable laws, then, unless otherwise prohibited by law, the terms of this Agreement shall take precedence over the contrary provisions of the Applicable Laws and Authorities. 25. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas and shall be performable in Palo Pinto County, Texas, unless otherwise provided by law. Venue shall be in Palo Pinto County, Texas. IN WITNESS THEREOF, the undersigned duly authorized representatives of the parties have executed this Agreement. PERCOMOnline, Inc. City of Mineral Wells CEO Mayor Christopher M. Perricone Date Dale C~of\E1\'1SP 05/071.2019 Page 5 -112- SPONSORING INSTITUTION RESPONSIBILITIES FOR CONSORTIUM 1. Mineral Wells Fire Department would serve as one of the Consortium's required "Sponsoring Institution", per CAAHEP standards, and a Fire Department designee(s) would serve as primary member(s) of the Consortium, with other sponsors and PERCOM administration making up the other members. MWFD and PERCOM would sign the Consortium Agreement following any requested reasonable modifications, which is designed from the template provided by CoAEMSP. 2. The Consortium then serves as the primary governance for the Paramedic program, meeting annually once a year and then as needed by electronic means throughout the rest of the year. The Consortium Sponsoring Institution would designate at least one person to serve as the representative(s) for them for primary named contact person, who will also attend all Consortium and Advisory Council meetings (annually and online). This can be the MWFD designee who already services on the Consortium Advisory Council for the Program there must be at least one designee. a. Cons01tiu111 and Advisory Council annual meetings are typically held on Friday or Saturday in conjnnction with the Texas EMS Conference each year, locations and times to be announced. Other meetings are called by the Advisory Council Chairperson as needed and completed through electronic means - email or private blog postings on percomcourses.com website. 3. Governance by the Consortium would include but is not limited to: a. Approving and signing Bylaws of the Cons01tium. b. Approving the Program Director and Medical Director(s) of the program. c. Approving faculty and skills sites that have been selected and approved by the Program Director and Medical Director. d. Approving the program goals, mission, objectives, learning domains, curriculum, syllabi, course delivery for the program, e. Ensuring that the program has adequate resources. f. Periodic assessments of program effectiveness. g. Review the Consortium agreement annually and work with the Consortium for any necessary changes. 4. Mineral Wells Fire Department would participate as indicated in necessary accreditation or licensing site visits by CoAEMSP or TDSHS. However, the Consortium and PERCOM will maintain payment of all licensing and accreditation fees. -113- In return, PERCOM would assist Mineral Wells Fire Department as requested and as agreed upon by the Consortium and its Directors and Board of Directors (Consortium Coordinating Committee/CCC). This assistance could include negotiating reduced tuition rates or possibly an agreed upon number of "no tuition necessary" spots in the program for certification as EMT, AEMT or Paramedic for Mineral Wells Fire Department personnel. Other requests for assistance to the Consortium in ways that the Program could assist the hospital would be negotiated through the CCC. -114- AGENDA ITEM COMMENTARY ITEM TITLE Consider and take action on a resolution establishing signatories on all City of Mineral Wells bank accounts. INITIATOR/STAFF INFORMATION SOURCE John Moran, Finance Director BACKGROUND With the new appointment of City Manager Randy Criswell, there needs to be an authorization for him to become a signatory on the various City banking accounts. There will be additional accounts to which Mr. Criswell will need to be added at a later time. EXHIBITS Resolution for establishing signatories COUNCIL ACTION Consider approval of a resolution establishing signatories on all City of Mineral Wells bank accounts. RECOMMENDATION Approve a resolution establishing signatories on all City of Mineral Wells bank accounts. ITEMNUMBER // MEETING DATE~ -115- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MINERAL WELLS, TEXAS, ESTABLISHING SIGNATORIES ON ALL CITY OF MINERAL WELLS BANK ACCOUNTS; PROVIDING FOR AN EFFECTIVE DATE; DESIGNATING THE SIGNATORIES ON ALL CITY OF MINERAL WELLS, TEXAS FINANCIAL DOCUMENTS; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF. WHEREAS, the City Council finds it is in the best interest of the City of Mineral wells, Texas (the "City") to amend the designated signatories for all of the City's bank accounts, effective May 7, 2019 to replace Chief Dean Sullivan as a designated signatory on all of the City's bank accounts with the City's new City Manager, Randy Criswell; and WHEREAS, Chief Sullivan shall continue to be designated as a signatory on the City's Police Forfeiture Account. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MINERAL WELLS, TEXAS: Section 1. Findings Incorporated. The findings recited above are incorporated as if fully set forth in the body of this Resolution. Section 2. Signatories. The City Council of the City of Mineral wells, Texas designate the following as signatories on all the City's bank accounts: Randy Criswell, City Manager; John Moran, Finance Director, and Peggy Clifton, City Clerk. These signatories will be allowed to execute and submit applications, open accounts, deposit and withdraw funds, designate other authorized representatives, and take all other action required or permitted by the City under an agreement with the financial institution created by the application, in the name and on behalf of the City. In reference to the Police Forfeiture Account only, any funds designated and duly authorized as "Police Forfeiture" funds may be deposited in the same manner as described above, and withdrawals or transfers of said funds may be made in the City's or the Police Department's name by any two of the following persons: Randy Criswell, City Manager; John Moran, Finance Director, and Dean Sullivan, Chief of Police. Section 3. Savings/Repealing Clause. All resolutions, or parts thereof, that are in conflict or inconsistent with any provision of this Resolution or the City's Public Investment Policy, as Resolution_ Designating Bank Signatories Page I -116- amended, and adopted in accordance with Chapter 2256, Texas Government Code, the Public Funds Investment Act, are hereby repealed to the extent of such conflict, and the provisions of this Resolution and the City's Public Investment Policy, as amended, shall be and remain controlling as to the matters regulated herein. Section 4. Severability Clause. Should any of the clauses, sentences, paragraphs, sections or parts of this Resolution be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Resolution. Section 5. Effective Date. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED on this the 7th day of May, 2019. Christopher M. PeJTicone, Mayor ATTEST: By: Peggy Clifton, City Clerk APPROVED AS TO FORM: By: Wm. Andrew Messer, City Attorney Resolution _Designating Bank Signatories Page 2 -117- AGENDA ITEM COMMENTARY ITEM TITLE Consider and Take Action Authorizing Staff to Accept a Grant From the U.S. Depaiiment of Agriculture. STAFF INFORMATION SOURCE John Moran, Director of Finance BACKGROUND As you may recall, during our trip to Austin back in January one of the topics concerned "Biochar Energy" and how our area had the potential to be competitive in the Biochar energy arena. We also discussed that a U.S. Department of Agriculture (USDA) grant was available and that in order to apply, the city would have to be the applying entity in order to be eligible for funding. Wes Jurey took the time to thoroughly explain the concept to each of you during our Austin visit. In any event, we initially applied for funds in January 2019 on behalf of a coalition of entities. After a number of exchanges with the USDA, we were successful and awarded a grant of $100,000 to kick off the project. Please note that there is no cost to the City, other than staff time to review and submit the application. Again, we are merely the applying entity. Due to time constraints, the grant had to be accepted prior to the May 7, 2019 City Council meeting. However, the City Council retains the final authority to accept or deny the grant. Should the City Council ultimately decide to reverse the acceptance of the grant, your decision will be able to be accommodated. EXHIBITS Grant Agreement KEY ISSUES NIA ITEM NUMBER: /2 MEETING DATE: 05/07/2019 Page 1 of2 -118- COUNCIL ACTION Consider and Take Action Authorizing Staff to accept a Grant from the United States Department of Agriculture. STAFF RECOMMENDATION Grant Approval Authorizing Staff to accept a Grant from the United States Department of Agriculture. Page 2 of2 -119- USDA ~ United Stales Department of Agriculture Rural Development Apiil ll,2019 Office OfThe Texas State Director Mr. John Moran Director of Finance & Business Operations 101 South Main Street 211 SW First Avenue Suite 102 Mineral Wells, Texas 76067 Temple, TX 76501 Re: 2019 Rural Energy for America Voice 254.742.9700 Rural Energy Development Assistance Grant - $100,000 Fax 254.742.9709 Grant Agreement Dear Mr. Moran, Enclosed is the Grant Agreement for your review and signature. Should you agree to the terms and conditions, please return to the address below within 15 days of this letter. USDA Rural Development Business & Cooperative Programs 101 South Main Street, Suite 102 Temple, Texas 76501 It is essential that the Grantee abide by the conditions of the award established in the Grant Agreement. Failure to comply with the conditions will constitute a suspension or possible termination of the grant. Please retain a copy of the Grant Agreement for your records to reference throughout the grant period. Should you have any questions, please contact Billy Curb, Business and Cooperative Specialist, at (254) 742-9775. Sincerely, State Director Enclosure -120- USDA is an equal opportunity provider, employer, and lender UNITED STATES DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT RURAL BUSINESS-COOPERATIVE SERVICE FINANCIAL ASSISTANCE AGREEMENT This Agreement, which includes Attachments A and B, for the Project and Amount described below (the "Project Description") and for the Program identified below, is between the Recipient (you) and the United States of America acting through the Rural Business-Cooperative Service (RBS or we). Type of Award (mark one): Program and CFDA Number (mark one): 0 Cooperative Agreement !jg Rural Energy for America Program {REAP)- 10.868 !jg Grant 0 Rural Economic Development Grant (REDG)- 10.854 0 Rural Business Development Grant (RBDG)- 10.351 0 Rural Microenterprise Assistance Program (RMAP)- 10.870 0 Agricultural Marketing Resource Center- 10.352 0 Appropriate Technology Transfer for Rural Areas- 10.782 0 Delta Health Care Services (DHCS)- I 0.874 0 Federal-State Research on Cooperatives-10.350 0 Rural Cooperative Development Grant (RCDG) - I 0. 771 0 Rural Development Cooperative Agreement (No CFDA) 0 Socially-Disadvantaged Groups Grant (SDGG)- 10.871 D Value Added Producer Grant (V APG)- 10.352 0 Other I. GENERAL AWARD INFORMATION 1. Recipient Name & Address: 2. DUNS Number: 3. SAM CAGE Code: City of Mineral Wells 021939079 4R434 211 SW First A venue Mineral Wells, Texas 76067 4. Case Number: 50-082-0782265608 5. Federal Award Identification Number (FAIN): 6. Award Date: March 11, 2019 7. Performance Start Date: 8. Performance End Date: May 1, 2019 June 30, 2020 9. Amount of Federal Funds Obligated for this IO. Amount of Matching/Other Funds (if applicable): Action, and Total Amount of Federal Funds Obligated: $100.000.00 $61,470.00 11. Total Project Cost (Budget Approved Amount): 12. Award as Percentage of Total Project Cost: $161,470.00 60.80% 13. Indirect Cost Rate (if applicable): I4. Does this award involve Research & Development? $0.00 DYes ~No - . IS.Recipient Contact (Name, Title, Contact Info): 16. Agency Contact (Name, Title, Contact Info): John Moran Daniel Torres Director of Finance & Business Operations Business and Cooperative Program Director (940) 328-7711 [email protected] (254) 742-9780 211 SW First Avenue l 0 l South Main, Suite l 02 Mineral Wells Texas 76067 Temnle Texas 76501 -121- I II. RESPONSIBILITIES A. Recipient. The Recipient shall remain in compliance with all applicable laws, regulations, Executive Orders, and other generally applicable requirements for the duration of the Agreement including 2 CFR parts 200, 400, 415, 416, 417, 418, 421, and 422. The most conunonly-referenced provisions are identified below. 1. Financial and Program Management. You must follow the financial and performance management requirements in 2 CFR §§ 200.300-.309. a. Financial Management. You must maintain a financial management system in compliance with 2 CFR § 200.302. b. Internal Controls. You must maintain internal controls in compliance with 2 CFR § 200.303. c. Payments. You must comply with the payment requirements described in 2 CFR § 200.305. Payment must be requested by using the SF-270, "Request for Advance or Reimbursemenf' or SF-271, "Request for Reimbursement for Construction Programs" (as applicable). Receipts, hourly wage rate, personnel payroll records, or other documentation must be provided upon request from RBS if the request is for an advance; otherwise, the documentation must be provided at the time of the request. Requests for payment must be sent to the Agency contact listed in Section I.16. d. Revisions of the WorkPlan and Budget. You must complete all elements of the Work Plan in Attachment B in accordance with that Attachment and must use project funds only for the purposes and activities specified in Attachment B - Approved Work Plan and Budget. The Recipient must further complete the outcomes shown for each Work Plan items within the time and scope constraints shown in Attachment B. You must report any changes and request prior approvals in accordance with 2 CFR § 200.308. e. Period of Performance. You may only incur costs chargeable to the award in accordance with 2 CFR § 200.309. f. Bonding. You must maintain your fidelity bond coverage in the amount of $0.00 for the Period of Performance of the award. (See 2 CFR § 200.304.) g. Program Income. You must comply with the requirements of2 CFR § 200.307. Additionally, if program income is earned during the period of performance, you may use it in accordance with 2 CFR § 200.307(e)(2), provided that you inform us in writing of your intent prior to the award date. However, if you earn program income in excess of what can be used under 2 CFR § 200.307(e)(2) or if you earn unanticipated program income, you must comply with 2 CFR § 200.307(e)(l). Costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the award. 2 -122- 2. Procurement and Property Standards. You must follow the procurement standards requirements in 2 CFR §§ 200.310-.326. 3. Performance and Financial Monitoring and Reporting. You must follow the requirements in 2 CFRPart 170, including Appendix A, and 2 CFR §§ 200.327- .329, and submit reports as outlined below. Unless otherwise directed in the addendum to this Agreement, the reports are due as indicated below. a. Form SF-425, "Financial Status Report." Reports are due 30 calendar days after the reporting period ends. A final report is due within 90 days after the Performance End Date specified in Section I.8. of this Agreement or at the completion of your project, whichever date is sooner. Your reporting periods are below (mark one): D Semi-Annually: January 1-June30 and July 1 -December 31 IRI Semi-Annually: April 1 - September 30 and October I - March 31 D Quarterly: January 1- March 31, April 1-June30, July 1 - September 30, October 1 - December 31· b. Performance Reports. Reports are due 30 calendar days after the reporting period ends. A final report is due within 90 days after the Performance End Date specified in Section I.8.of this Agreement or at the completion of your project, whichever date is sooner. Your reporting periods are below (mark one): D Semi-Annually: January 1 - June 30 and July 1 - December 31 IRI Semi-Annually: April 1 - September 30 .and October 1 - March 31 D Quarterly: Januar; 1-March31, April 1-June30, July I - September 30, October 1 - December 31 4. Subrecipient Monitoring and Management. You must monitor and manage any subrecipients in accordance with 2 CFR §§ 200.330-.332. 5. Record Retention and Access. You must retain records related to this work performed under this Agreement and allow access to them in accordance with 2 CFR §§ 200.333-.337. 6. Closeout. You must comply with the closeout requirements in 2 CFR § 200.343. 7. Post-Closeout Adjustments and Continuing Responsibilities. You must continue to comply with the requirements in 2 CFR § 200.344 even after the Period of Performance for this Agreement has ended. 3 -123- 8. Cost Principles. You must comply with the provisions in 2 CFR Part 200, most of which are contained in Subpart E. 9. Audits. You must comply with the provisions in 2 CFR Part 200, Subpart F. 10. Civil Rights Compliance. Unless otherwise provided in the addendum, you must comply with Executive Order 12898, Executive Order 13166- Limited English Proficient, the Americans with Disabilities Act of 1990, Title VI of the Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973 as applicable. Your compliance, shall include collection and maintenance of data on race, sex, and national origin of your membership, ownership, and employees. These data must be available to us for Civil Rights Compliance Reviews. Unless otherwise provided in Attachment A, you must submit to a post award compliance review conducted after the final disbursement of grant funds have occun-ed. 11. Universal Identifier and Central Contractor Registration. You must comply with 2 CFR Part 25, including Appendix A. Note that the Central Contractor Registration is now available through the System for Award Management at www.sam.gov. 12. Special Conditions. You must comply with any special conditions identified in Attachment A - Program Addendum. B. Rural Business-Cooperative Service (RBS). RBS shall remain in compliance with all applicable laws, regulations, Executive Orders, and other generally applicable requirements for the duration of the Agreement. The most commonly-referenced provisions are identified below. 1. Payments. We will advance or reimburse funds up to the Award Amount identified in Section I.9 upon the Recipient's proper request according to Section II.A.Le. 2. Monitoring and Enforcement. We will monitor the project to ensure that you are in compliance with the terms of the award. If we fmd that you are not in compliance, we will enforce the terms of this Agreement using the provisions of 2 CFR §§ 200.338-.342. C. Both Parties. The Recipient and RBS agree to the following: 1. Invalid Clauses. The invalidity of any one or more phrases, clauses, sentences, paragraphs, or provisions of this Agreement shall not affect the remaining portions of the Agreement. 2. Conflict between this Agreement and Other Applicable Regulations or Laws. If there is a conflict between this Agreement and the applicable Program Regulation, the applicable Program Regulation shall prevail. If there is a conflict 4 -124- between this Agreement and another law or regulation, RBS shall seek a legal opinion to determine which provision applies. 3. Dates. When the date fixed for the performance of an act under this Agreement is on a weekend or Federal holiday, then the performance by the close of business on the next Federal work day shall have the same force and effect as if made performed or exercised on the specified date. The signatories below certify that they have authority to enter into this Agreement. Approved by an Authorized Representative of the Recipient: JOHN MORAN Name (Please Print) DIRECTOR ofFINANACE & BUSINESS OPERATIONS Approved by the United States of America, Rural Business-Cooperative Service by: EDD HARGETT Name (Please Print) STATE DIRECTOR Title (Please Print) APRIL 11, 2019 Date Attachment A- Program Addendum Attachment B - Approved Work Plan and Budget 5 -125- Attachment A - Program Addendnm PROGRAM NAME: Rural Energy for America Program pe of Grant (mark one): Renewable Energy System (RES) Energy Efficiency Improvement (EEi) gEnergy Audit [{] Renewable Energy Development Assistance AUTHORITY: 7 U.S.C. 8107 APPLICABLE PROGRAM REGULATIONS: 7 CFR part 4280, subpart B APPLICABLE FEDERAL REGISTER NOTICE: [INSERT REFERENCE] Federal Register I Vol. 83, No. 157 /Tuesday, August 14, 2018 /Notices ADDITIONAL PROGRAMMATIC AWARD PROVISIONS: RBS and the Recipient agree to the following additional provisions: Section II, Paragraph A.1.a. is retained and the following language is added: Accounting records shall be in accordance with generally accepted accounting principles (GAAP) and contain info1mation pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, income, and interest. Accounting principles that are generally required by commercial agricultural lenders may be used in lieu of GAAP for Recipients that are agriculture producers. Section II, Paragraph A. l .c. is ·retained and the following language is added: For Renewable Energy System and Energy Efficiency Improvements grants with total project costs of$200,000 and greater, grant funds will be disbursed in accordance with the appropriate construction and inspection requirements in 7 CFR 4280.11 ?(f) and 7 CFR 4280.123(h)(5), as applicable. Unless required by third parties providing cost sharing payments on a pro-rata basis with other matching funds, grant funds will be disbursed after all other matching funds have been expended. For Renewable Energy System and Energy Efficiency Improvements grants with total project costs ofless than $200,000, grant funds will be disbursed in accordance with the · appropriate construction and inspection requirements in 7 CFR 4280.118(c) and (d), or 7 CFR 4280.119(c) and ( d), as applicable. 1 -126- Section II, Paragraph A.2. is retained and the following language is added: In addition, you must list any real property and equipment purchases made with project funds in the tables below. Finally, you must provide status rep01ts on any real property in which we retain an interest, in accordance with 2 CFR § 200.329. Real property acquired or improved with Award Funds. (Provide the legal description and/or address of where the real property or other property described in block below is located. Use continuation sheets as necessary.) City of Mineral Wells 211 SW First A venue Mineral Wells, Texas 76067 Other property (e.g. equipment) acquired with Award Funds. (Describe each item, estimated useful life, and the value of equipment. Use continuation sheets as necessary.) Item Estimated Useful Life Value (Not Applicable due to Technical Assistance) See "Budget" -Attachment B The grant allows that Tarleton State, ATIP Foundation, Mineral Wells Area Chamber of Commerce, & Mineral Wells Area Growth Council are allowed to assist and to be reimbursed based on the Budget for their activities with outreach on the Biochar/Biogas industry. Should actual project costs for the grant be lower than projected in Block 11, in part I, General Award Information, the final amount of the grant will be adjusted to remain at the percentage identified in Block 12 of the final Total Project Costs. Block 12 does not apply to Energy Audit and Renewable Energy Development Assistance grants. However, the recipient of an energy audit under the Energy Audit grant must pay at least 25 percent of the cost of the energy audit, which shall be retained by the Recipient for the cost of the audit. This must be documented in the required semiannual reports. For Renewable Energy System grants and Energy Efficiency Improvement grants. The proposed renewable energy system or energy efficiency improvements shall be constructed and/or installed in accordance with any energy audit or energy assessment recommendations, engineering recommendations, technical reports, or other applicable inf01mation provided by the Recipient and approved by RBS. The Recipient will own, operate, and provide for continued maintenance on the Project. Section II, Paragraph A.3.c. is added with the following language: c. Renewable Energy System and Energy Efficiency Improvement Grants. The Recipient will provide a detailed project funding and expense summary and a summary of the project's installation/construction process, including recommendations for development of similar projects by future applicants to the program. 2 -127- The Recipient will provide outcome project performance reports as follows: 1. Renewable Energy System Report. Three total annual reports are due for renewable energy systems. The first report is due at completion of the first full calendar year following the year in which the project was completed. The remaining reports are required on subsequent calendar years. The repmt will provide the following details: J. Type of technology; n. The actual annual amount of energy generated in British Thermal Units, kilowatt-hours, or similar energy equivalents; ·111. Annual income for systems that are selling energy, if applicable, andlor energy savings of the renewable energy system; 1v. A summary of the cost of operations and maintenance; v. A description of any associated major maintenance or operational problems; vi. Recommendations for development of future similar projects; and vii. Actual number ofjobs, if any, created or saved as a direct result of the renewable energy system project for which Rural Energy for America Program funding was used. 2. Energy Efficiency Improvement Repmi. Two total annual reports are due for energy efficiency improvement projects. The first report is due at completion of the first full calendar year following the year in which the project was completed. The remaining repmts are required on subsequent calendar years. The repmt will provide the following details, including calculations and any assumptions: i. The actual amount of energy saved annually as determined by the difference between: (A) The annual amount of energy used by the project with the project in place; and (B) The annual average amount of energy used in the period p1ior to application submittal as reported in the Energy Assessment or Energy Audit submitted with the application; and 3 -128- II. Actual number ofjobs, if any, created or saved as a direct result of the energy efficiency improvement project for which Rural Energy for America Program funding was used. 3. Energy Audit and Renewable Energy Development Assistance Recipients will provide the following: 1. Semiannual project performance reports with the following info1mation: (A) Discuss the number of Energy Audits performed, number ofrecipients assisted and the type of assistance provided for renewable energy development assistance in the comparison of actual accomplishments to the objectives established for that period. (B) Include a list of recipients, each recipient's location, and each recipient's No1ih American Indust1y Classification System code. (C) Objectives and timetable established for the next reporting period. 11. Final project performance report that includes the following: (A) Energy Audit Rep01i. This will be a comprehensive project perfmmance report describing: CD The number of audits conducted. 0 A list ofrecipients with each recipient's North American Industry Classification System code. Q) The location of each recipient. <:!) The cost of each audit and documentation showing that the recipient of the energy audit provided 25 percent of the cost of the audit. GD The expected energy saved for each audit conducted. (B) Renewable Energy Development Assistance Report. This will be a comprehensive project performance report describing: 4 -129- (l) The number of recipients assisted and the type of assistance provided. @A list of recipients with each recipient's North American Industry Classification System code. Q) The location of each recipient. (:!) The expected renewable energy that would be generated if the projects were implemented. iii. Outcome project performance rep01ts as follows: (A) One year after submittal of the final performance report, provide a final status rep01t as follows: (l)The Recipient will provide RBS a status report identifying the number of energy audit projects that proceeded with one or all of the Recipient's recommendations from the fmding in the energy audit as well as the amount of energy saved for each project. @The Recipient will provide the RBS a status rep01t identifying the number of renewable energy projects that proceeded with one oral! of the Recipient's recommendations from teclmical assistance provided or from findings on the renewable energy site assessment as well as the amount of renewable energy generated for each project, as applicable. Section ILA.I 0. is retained and the following language is added: Renewable Energy System and Energy Efficiency Improvement grants are a "conducted program." Recipients will not be required to provide data for a Civil Rights Compliance Review. Section II, Paragraph A.12 is retained with the following language added: The following Special Conditions apply to your award: [INSERT SPECIAL CONDITIONS OR NIA] None 5 -130- Section II, Paragraph A.13. is added with the following language: Cost Sharing. You must comply with the requirements of 2 CFR § 200.306. Additionally, matching funds, if required by us or voluntarily provided by you, must be available at the same time award funds are expected to be spent and expenditures of matching funds will be pro-rated or spent in advance of award funds. Section II.BJ. is retained and the follov:ing language is added: Grant funds not expended within 2 years from the date this Agreement is executed will be cancelled by RBS. Prior to the actual cancellation, RBS will notify the Recipient, in writing, of the intent to cancel the remaining grant funds. 6 -131- ATTACHMENT B-APPROVED WORK PLAN AND BUDGET WORK PLAN Rural Energy Development Assistance (REDA) can be provided only to an individual's business located in a Rural Area unless the individual is an Agricultural Producer. If the business is owned by an Agricultural Producer, the location for which such services are being provided may be in either a Rural or non-Rural Area. Agricultural Producer is an individual or entity (including non-profits) directly engaged in the production of agricultural products (through labor, management, and field operations), including crops (including farming); livestock (including ranching); forestry products; hydroponics; nursery stock; or aquaculture, whereby 50 percent or greater of their gross income is derived from those products. In general, agricultural products include but are not limited to: crops, livestock, fish, seafood, and timber. Payments related to the production of agricultural products i.e. production contracts, crop insurance, commodity payments, etc. will be considered as part of the agricultural production income. Purchases and resale of agricultural products, rent payments received, custom services and trucking for others, and off-farm income, etc. are not considered as income derived from production of agricultural products. An Agricultural Producer could be in either a Rural or a non-Rural area. If the Agricultural Producer's business location is in a non-Rural Area, then the REDA assistance can only be for a business operation that the Renewable Energy System (RES) is directly related to. The RES use and purpose is limited to the Agricultural Producer's project, such as vertically integrated operations, and are part of and co-located with the agricultural production operation. The REDA project goals of this project are to promote to at least 40 businesses the technical assistance needed in creating a Biochar!Biogas industry in 4 nmth Texas counties. Task"l: Generate a resource assessment report and heat maps to identify and quantify regional available feedstocks and to support business attraction and preliminary information for project feasibilities. Timeline - May 2019/July 2019 Grant Funds - $28,000 In-kind Funds - $13,000 (ATIP Foundation, Tarleton State University) A copy of the report that addresses this task will be provided to USDA Rural Development. -132- Page2 The purpose of this task is in identifying and quantifying regionally available manufacturing inputs which will be critical to informing all other aspects of the project. Although some supplemental information may end up being purchased from outside vendors if not available, we expect that much of the data required to produce this report will be available by combing j)eer reviewed journal publication, Federal and state databases, and through in-person meetings with the feedstock producers. ATIP Foundation's president, Wes Jurey, will take the lead with contractors Dr. Rick Brenner and Todd Campbell doing the bulk of the work, supported by Dr. Kan and his associates at Tarleton State University as well as by the Stephenville Economic Development Authority and Mineral Wells (MW) Area Chamber of Commerce for specific portion of the report requiring in person meetings. This resource will be completed in two phases with a draft report presented to the steering committee at month four and final publication due on month six of the project. Infonnation collected from the process will be shared as needed throughout the project to benefit the stakeholder engagement discussion. The final report will be publfahed to the ATIP Foundation website and serve to attract business to the project with very valuable front-end data, organized and formatted in a way that allows their business to reduce out of pocket cost in evaluating feasibility of establishing production in the region. a. Dairy waste - conduct meetings with area dai1ymen to gather information on dairy locations, animal populations, manure collection methods, and current management practices, proximity to the pipeline; b. Agricultural and processing residuals such as wheat straw and corn stover - conduct meetings with area farmers and farm organization to verify quantity available at price points, use existing USDA NASS and other data sets; c. Purpose grown crop for remediation of phosphorus levels, waste-water treatment facility (WWTF) spray fields, or otherwise, including sorghum, miscanthus, switchgrass, and others as appropriate, work with U.S. Department of Energy National Renewable Energy Laboratory (NREL) and estimate predictive yields based on Biofuel Ecophysiological Traits and Yields Database; d. Invasives - Confirm problem with state and Federal agencies, quantify feedstock supply and location of any invasive plants such as Juniper, Mesquite, Arundo donax, etc. that would be appropriate for utilization, supporting regional conservation with market creation; e. Downed trees- Processing potential in an area has been affected by major natural disasters over the past 3 years including Severe Storms, Tornadoes, Straight-line Winds, -133- and Flooding and will likely have ongoing needs for storm debris removal; Page3 f. Recycling and other appropriate post-sorted municipal wastes with community partners and appropriate business agents; and g. Other feedstocks as determined significant by staff and partnering organizations. Task-2: Begin the engagement process with related feedstock stakeholders to initiate feedstock supply agreement planning and documentation to attract business development; if there are complementary advantages for co-location, make assessments on site locations and availability; Provide teclmical assistance on determining optimal incorporation to existing business, ongoing activities and associated programs. Timeline - May 2019/April 2020 Grant Funds - $18,000 In-kind Funds - $10,000 (ATIP Foundation, Tarleton State University, MW Area Chamber of Commerce, Mineral Wells/Palo Pinto County (MW/PPC) Area Growth Council) A copy of the report that addresses this task will be provided to USDA Rural Development. The purpose of this task is to directly engage potential feedstock providers identified in task #1 to begin the process of surveying needs and writing template feedstock supply agreement; conduct site assessment and evaluate availability for given feedstock collection or production methods; identifying optimal and appropriate ways to incorporate the new business activity into ongoing operations to minimize disruption for all parties involved in potential partnerships. This engagement will be valuable for locating business attraction and increase the rate of participation from community partners. This work will be done by the ATIP Foundation personnel Wes Jurey and partners Tarleton State University, Stephenville Economic Development Authority, MW Area Chamber of Commerce as best served in the given sector. Task-3: Assess infrastructure and logistics for collecting and processing dairy wastes. This process will involve determining whether piping systems are available, manure pits, lagoons, and how the dairy material will be collected and transported. Road infrastructure and availability of vehicles and trained workforce also will need to be assessed. Timeline- May 2019/April 2020 Grant Funds - $9,000 In-kind Funds - $5,000 (ATIP Foundation, Tarleton State University, MW Area Chamber of Commerce) A copy of the report that addresses this task will be provided to USDA Rural Development. -134- Page 4 ATIP Foundation contractors to orchestrate and assist in the collection of information on existence of piping systems, lagoon systems, manure pits and the infrastructure that supports transportation of feedstocks, an inventory of trucking firms capable of transporting feedstocks, and availability of trained operators. Wes Jurey from the ATIP Foundation will coordinate activities of Tarleton State University in providing technical assistance, as in-kind support, on dairy infrastructure, and activities of MW Area Chamber of Commerce (in-kind support) to assist in facilitating communication with transpo1t systems in the community, and in identifying workforce development capacity and needs. A TIP Foundation and its contractors will synthesize information and inventories and prepare the report (writing team Rick Brenner, Todd Campbell, Wes Jurey) on this Task for distribution by the MW Area Chamber of Commerce (for supplies) to current and potential businesses locating in the region, and with local Rural Development offices. This work will be done by the appropriate county economic development partners, m conjunction with the ATIP Foundation and the MW/PPC Area Growth Council. Task-4: Engage with six identified industry segments of stakeholders through a series of community stakeholder meetings, industry segment specific forum, and ongoing steering committee meetings; Provide education and training on the technology, processing, and material quality including beneficial use for market creation and utilization in the immediate area as well as for export from the region. Timeline - May 2019/April 2020 Grant Funds - $25,000 In-ldnd Funds - $20,470 (ATIP Foundation, Tarleton State University, MW Area Chamber of Commerce, MW/PPC Area Growth Council) A copy of the report that addresses this task will be provided to USDA Rural Development. In o.rder to rapidly develop synergy in the region surrounding these new materials and emerging industries, this task will include leadership from all listed partners including Wes Jurey from the ATIP Foundation, Tarleton State University, MW/PPC Area Growth Council, MW Area Chamber of Commerce, Stepheµville Economic Development Authority. One function of this task will be to conduct regular. steering committee meeting to coordinate activities, conduct training, and the create a collaborative space in which partnerships can develop. There will also be a track of this task which will be conducted primarily by ATIP Foundation, the International Biochar Initiative, Tarleton State University, and industry partners to educate surrounding communities and potential feedstock providers on the technology conversion processes and material properties of biochar to create a base of knowledge in the region and -135- assist with offtake and material utilization in the immediate area. Pages This process will help to develop initial purchase agreements for the businesses, further incentivizing them to make capital investments and commence operations in the region. These activities would include conducting community meetings and sector specific education and training opportunities. ATIP Foundation and its contractors for compiling information and preparing comprehensive reports (writing team Rick Brenner, Todd Campbell, Wes Jurey) on the various subtasks described above; reports will be provided to Rural Development, posted to the ATIP Foundation website and provided to MW Area Chamber of Commerce and MW/PPC Area Growth Council. This Task will engage all collaborators using in-kind. contributions to support efforts, including Wes Jurey from the ATIP Foundation, Tarleton State University for technical assistance, MW Area Chamber of Commerce (in-kind for hosting meetings, organizing forum agendas, marketing promotions), and MW/PPC Area Growth Council (staff participation and travel and associated overhead). Task-5: Work directly with partnering businesses, technology companies, and biodigesters /biochar manufacturers to provide technical assistance, connecting to regional markets, supplem~nting with information to determine project feasibility, supporting workforce needs, and other business planning aspects. Timeline -May 2019/June 2020 Grant Funds - $20,000 In-kind Funds - $13,000 (ATIP Foundation, Tarleton State University, MW/PPC Area Growth Council) A copy of the report that addresses this task will be provided to USDA Rural Development. The final task will be vital to completing the process to generally assist the technology companies providing biodigesters and biochar pyrolysis units to move forward with construction and business start-up. It anticipates that this will include a variety of function for technical assistance from ATIP Foundation, Tarleton State University, MW/PPC Area Growth Council, City Manager of Mineral Wells, and Stephenville Mayor's office. There will also be items from Task #I and #2 that will be valuable to businesses in reducing cost and increasing robustness of information to inform the feasibility of the project. As non-profits and independent organization, these general business planning assistance functions will create a hospitable environment to do business. Workforce development needs also will be assessed and curriculum developed or adjusted for workforce training needs. A TIP Foundation to develop website information modules, and written reports for distribution through collaborator outreach mechanisms, and to Rural Development. Performance on this final task will include in-kind contributions from Wes Jurey from the ATIP Foundation, Tarleton -136- State University, and MW/PPC Area Growth Council. Leveraging and Commitment of Other Sources of Funding; Tarleton State University has agreed to match $13,920 through in-kind support cost sharing. For Eusung Kan, 2 days per month salary is requested. The current basic salary of Mr. Kan is $8,666.66/month based on the regular 12-month basis. The total salary requested for Mr. Kan is $9,600.00 ($50 per hr X 2 hrs X 12 mos). For Hyun-Min Jang, 2 days per month salary is requested. The current basic salary of Mr.Jang is $3,900.00/month based on the regular 12-month basis. The total salary requested for Mr. Jang is $4,320 ($22.50 per hr X 2 hrs X 12 mos). ATIP Foundation has agreed to match $31,200 through in-kind support cost sharing. For Wes Jurey, six hours per week of month salary is requested. The current basic salary of Mr. Jurey is $17,333.33/month based on the regular 12-month basis. The total salary requested for Mr. Jurey is $31,200 ($100 per lu· X 6 hrs X 52 wks) MW Area Chamber of Commerce has agreed to match $7,350 through in-kind suppmt cost sharing. For Ryan Roach, President/CEO, Marcelina Williams, Membership Director, Ryan Oliver, Tourism Director have allocated a total of 60 hours valued at $3,000. For travel cost of$250 within the 4 designated counties ($0.545 X 459 miles). For materials, supplies, and overhead costs of $1,000. This includes printing cost for meeting packages, handouts, coffee and water during meetings, use of cell phone, and office phone. For meeting room rental of$600. ($100-day X 6 days) For marketing and promotion of $2,500. This includes design and production of marketing materials of the Biochar project in the region and advertising cost of public meetings. MW/PPC Area Growth Council has agreed to match $9,000 through in-kind support cost sharing. For staff going to meetings, meeting with candidates, and documentation of meetings have allocated a total of valued at $6,420 ($535 X 12 mos). For travel cost of$1,860 within the 4 designated counties ($0.545 X 3,412 miles). For overhead cost of$720 ($60 X 12 mos). -137- Page6 BUDGET The proposed REDA project requests $100,000 for 12 months. The itemized budget and budget justification are shown below: Task-1: Grant Funds - $28,000 The City of Mineral Wells will engage with ATIP Foundation (sub-award recipient through the City of Mineral Wells) and ATIP Foundation contractors Dr. Rick Brenner and Todd Campbell to seek and collect data on regional feedstocks, as described in the Work Plan. Grant Funds • $26,000, Rick Brenner & Todd Campbell [ATIP Foundation contractors] (compiling feedstock data, preparing Task 1 report) (ATIP Foundation contractors@contract price) • $500 supplies for task & report • $1,500 Wes Jurey [ATIP Foundation] I Rick Brenner & Todd Campbell [contractors] (travel) ($0.545 X 2,752 miles) In-Kind Contributions • $2,000, Wes Jurey [ATIP Foundation] (compiling feedstock data, preparing Task 1 report) ($100 per hr X 20 hrs) • $11,000, Tarleton State University (compiling feedstock data) (Total of Tasks 1-5; Dr. Ensl)ng Kan-$9,600 @$50/hr, Hyun-Min Jang-$4,320 @ $22.50/hr) Task-2: Grant Funds - $18,000 The City of Mineral Wells will engage with ATIP Foundation and its contractors Rick Brenner and Todd Campbell for compiling information obtained during "engagement" sessions with feedstock providers and corporations being recruited to the 4-county region and writing the report on this task (writing team Rick Brenner, Todd Campbell, Wes Jurey), as described in the Work Plan. Grant Funds • $16,500, Rick Brenner & Todd Campbell [ATIP Foundation contractors] (compiling sessions feedback, preparing Task 2 repo11) (ATIP Foundation contractors@contract price) -138- • $1,500 Wes Jurey [ATIP Foundation] I Rick Brenner & Todd Campbell [contractors] (travel) ($0.545 X 2,752 miles) In-Kind Contributions • $6,493, Wes Jurey [ATIP Foundation] (compiling sessions feedback, preparing Task 2 report) ($100 per hr X 65 hrs) • $307, Tarleton State University (compiling sessions feedback) (Total of Tasks 1-5; Dr. Ensung Kan-$9,600@$50/hr, Hyun-Min Jang-$4,320@$22.50/hr) • $1,200, MW Area Chamber of Commerce (compiling sessions feedback) (Total of Tasks 2-4; Labor-$3,000@ $50/hr; Travel-$250@ $.545/mile; Material/Supplies/ Overhead-$1,000, Room Rental-$600@$100/room, Marketing/Promotion-$2,500) • $2,000, MW/PPC Area Growth Council (staff participation and travel and associated overhead) ($2,000 I $750 = 2.67mos) ($750 mo= $535 staff labor+ $155 travel+ $60 overhead) Task-3: Grant Funds - $9,000 The City of Mineral Wells will engage with ATIP Foundation and its contractors Rick Brenner and Todd Campbell to access the infrastructure (roads, pipelines, etc.) and the availability and capacity of transport systems, as described in the Work Plan. Grant Funds • $8,500, Rick Brenner & Todd Campbell [ATIP Foundation contractors]. (collecting industry data, preparing Task 3 report) (ATIP Foundation contractors@contract price) • $500 supplies for task & report · In-Kind Contributions • $1,350, Wes Jurey [ATIP Foundation] (coordinate activities w/Tarleton State University, preparing Task 3 report) ($100 per hr X 14 hrs) • $1,500, Tarleton State University (technical assistance on dairy infrastructure) (Total of Tasks 1-5; Dr. Ensung Kan-$9,600 @$50/hr, Hyun-Min Jang-$4,320 @$22.50/hr) -139- • $2,150, MW Area Chamber of Commerce (facilitating commuuication w/transport systems & workforce capacity) (Total of Tasks 2-4; Labor-$3,000 @ $50/hr; Travel-$250 @ $.545/mile; Material/Supplies/ Overhead-$1,000, Room Rental-$600@$100/room, Marketing/Promotion-$2,500) Task-4: Grant Funds - $25,000 The City of Mineral Wells will engage with ATIP Foundation and its contractors Rick Brenner and Todd Campbell to support frequent and structured engagement of the 6 sectors represented in Steering Committee meetings, stakeholder forums to inform the community (and shape partnership relationships), and in sector-specific outreach I listening sessions throughout the year-Jong project to facilitate partnership agreements, education, and training on biomass feedstocks and processing for alternative energy production, as described in the Work Plan. Grant Funds • $23,000, Rick Brenner & Todd Campbell [ATIP Foundation contractors] (stakeholder forum, outreach sessions, preparing Task 4 report) (ATIP Foundation contractors@contract price) • $1,500, Wes Jurey (ATIP Foundation] /Rick Brenner& Todd Campbell (contractors] (travel) ($0.545 X 2,752 miles) • $500 supplies for task & report In-Kind Contributions • $11,357, Wes Jurey [ATIP Foundation] (stakeholder forum, outreach sessions, preparing Task 4 report) ($100 per hr X 114 hrs) • $807, Tarleton State University (technical assistance for stakeholder forum, outreach sessions) (Total of Tasks 1-5; Dr. Ensung Kan-$9,600@$50/hr, Hyun-Min Jang-$4,320@$22.50/hr) • $4,000, MW Area Chamber of Commerce (Total of Tasks 2-4; Labor-$3,000@$50/hr; Travel-$250 @$.545/mile; Material/Supplies/ Overhead-$1,000, Room Rental-$600@$100/room, Marketing/Promotion-$2,500) • $4,306, MW/PPC Area Growth Council (staff participation and travel and associated overhead) ($4,306 I $750 = 5.75mos) ($750 mo= $535 staff labor+ $155 travel+ $60 overhead) -140- Task-5: Grant Funds - $20,000 The City of Mineral Wells wiU engage with ATIP Foundation and its contractors Rick Brenner and Todd Campbell to orchestrate this final Task critical to providing technical assistance to local businesses and technology companies, feasibility assessment guidelines for emerging and re-locating businesses (from Tasks 1 & 2), and to assist local community colleges in training curricula (training needs for advancing I participating in the bio economy), as described in the Work Plan. Grant Funds • $19,500, Rick Brenner & Todd Campbell [ATIP Foundation contractors] (technical assistance to local businesses & college training, preparing Task 5 report) (ATIP Foundation contractors@contract price) • $500 supplies for task & report In-Kind Contributions • $10,000, Wes Jurey [ATIP Foundation] (technical assistance to local businesses & college training, preparing Task 5 report) ($100 per hr X 100 hrs) • $306, Tarleton State University (technical assistance to local businesses & college training) (Total of Tasks 1-5; Dr. Ensung Kan-$9,600@$50/hr, Hyun-Min Jang-$4,320@$22.50/hr) • $2,694, MW/PPC Area Growth Council (technical assistance to local businesses & college training) ($2,694 / $750 = 3.5 mos) ($750 mo= $535 staff labor+ $155 travel+ $60 overhead) -141- AGENDA ITEM COMMENTARY ITEMTITLE Consider and take action on reimbursements of Councilmembers interested in attending the TML Small Town Conference. INITIATOR/STAFF INFORMATION SOURCE Peggy Clifton, City Clerk BACKGROUND The TML Small Town Conference will be held May 16-17 in Granbury. In the event that any Councilmembers wish to attend, reimbursement for this will need approval of Council. Online registration would be $225 per attendee, this amount does not include overnight stay. I have been told that the funds for this have been exhausted but I wanted to make you aware of this event. EXHIBITS Conference agenda COUNCIL ACTION None RECOMMENDATION None ITEM NUMBER / _J MEETING DATE 05-07-2019 -142- 511/2019 City of Mineral Wells Mail - Sleep Well, Lead Well Peggy Clifton Sleep Well, Lead Well 2 messages Texas Municipal League The TML Small Town Conference was created for elected officials and staff who serve Texas' small towns and cities. Join us on May 16-17 in Granbury to explore solutions to the problems that keep you awake at night - legal issues, funding, economic development, growth, infrastructure, water, and transportation. You'll hear two great keynote speakers, Chet Garner (PBS' The Daytripper) and Dr. Christine Nix (first female African-American Texas Ranger), who'll inspire and delight you. Plus, you'll share and connect with other leaders across Texas who, like you, are working hard to build and support vibrant small cities. Take a look at the l:lgenda and make plans to join us. Texas Municipal League, 1821 Rutherford lane, Suite 400, Austin, TX 78754 SafeUnsubscribe r:~ cityc!erk@n1ineral',vel!stx.gov For/Jard this email ! About our service provlder -143- 51112019 Agenda - TML Small Town Conference Agenda All sessions will be held at the Lake Granbury Conference Center in Granbury. Thursday, May 16 Sessions ore subject to change. 7:45-8:30 a.m. Registration and Continental Breakfast 8:30-8:45 a.m. Welcome and Overview John B. Love Ill, Mayor Pro Tern, City of Midland, and TML President Trish Reiner, Councilmember, City of Granbury 8:45-9:30 a.m. The Unique Character of Texas Small Towns Chet Garner, host and creator of PBS's The Doytripper, will share his experiences from the road about what makes a small town special. 9:45-10:30 a.m. Plan for Prosperity While many small towns throughout the nation are struggling, these communities are flourishing. Join our panel of officials from small cities in Texas to discuss how they plan for growth and prosperity. Stan Farmer, City Manager, City of Horseshoe Bay; Michael Kovacs, City Manager, City of Fate; Connie Schroeder, Mayor, City of Bastrop 10:30-10:45 a.m. Break -144- 5/1/2019 Agenda - TML Small Town Conference 10:45-11:45 a.m. Economic Development for Small Towns In this session, municipal law expert Christopher Nichols will provide an overview of the basic legal requirements relating to the economic development tools that are available to Texas cities, and how those tools may be used to strengthen your local economy. Christopher Nichols, Managing Attorney, The Nichols Firm 11:45 a.m.-1:00 p.m. Networking Lunch 1:00-2:00 p.m. Water Projects and Funding Texas has always been associated with opportunity and growth, and our water resources are at the heart of that reputation. Learn how the Texas Water Development Board's financing tools can help your city accomplish your projects and achieve your infrastructure goals. Caaren Skrobarczyk, Manager, Brazos Region, Texas Water Development Board 2:00-3:00 p.m. Funding Your Town's Transportation Projects Texas transportation faces challenges from population growth, deteriorating infrastructure, and rapidly rising road construction costs. Cities are shouldering more costs historically covered by state and federal governments which can be especially difficult for small cities with limited funding resources. Explore ways to fund your town's projects and initiatives in this primer on transportation funding. Brian R. Barth, P.E., Director of Project Planning and Development, Texas Department ofTransportation 3:00-3:15 p.m. Break 3:15-4:15 p.m. Strategic Facility Planning for Small Cities Many small cities face overwhelming infrastructure and facilities problems that outpace funding. Because of that, they often struggle to consider priorities across infrastructure platforms. Should we build that park or fix that street? Should we focus on the police station or fire hydrants? How much money will we need and when? A strategic facilities plan can l1elp you inventory your needs, set goals based on your vision, and create an affordable work plan for projects. Find out how this breakthrough process can prepare your city for the future. Casey Sledge, PE, CFM, President, Sledge Engineering, LLC Friday, May 17 7:30-9:00 a.m. Breakfast Roundtable - What's Working in Your Community Get up early to join this lively breakfast discussion about the projects and programs that are working in small cities across Texas. Live Oak Mayor Mary M. Dennis will invite you to share solutions to some of your tougher issues and talk about the successful programs that are the talk of your town. Moderator: Mary M. Dennis, CMO, Mayor, City of Live Oak and Past TML President 9:15-10:30 a.m. Top Legal Issues for Small Towns and Cities You've got questions, and our legal experts have the answers. Bring the questions you've always wanted answered, and leavE .145- 51112019 Agenda - TML Small Town Conference session with a clearer understanding of the legal issues that affect small cities. Mick McKamie, Partner, and Wayne Olson, Founding Partner Taylor Olson Adkins Sralla & Elam LLP 10:30-11:30 a.m. Closing Session: Facing Challenges, Seeing Opportunities Dr. Christine Nix is accustomed to breaking barriers and battling adversity. She spent 25 years in law enforcement and was the first and only African-American female to be promoted to Texas Ranger in the history of the Texas Department of Public Safety. Nix believes that if you do your job right and treat people with fairness and dignity, they will respect what you do. Attend this closing session to hear how to lean into your challenges and find purpose. Christine Nix, Ph.D., Associate Professor of Criminal Justice, University of Mary-Hardin Baylor -146- AGENDA ITEM COMMENTARY ITEM TITLE Consider and take action on a resolution approving an assignment of a Recreational Use Agreement to the Holiday Hills Golf Course, LP. INITIATOR/STAFF INFORMATION SOURCE Margie Rose, Interim City Manager BACKGROUND The Holiday Hills Country Club is in the process of being sold to the Holiday Hills Golf Course, LP. As part of the golf course, the City has a Recreational Use Agreement from 1983 and an amendment to it from 1993 with the Holiday Hills Country Club. The new company is requesting the assignment of the lease. EXHIBITS Resolution COUNCIL ACTION Approve/Disapprove the resolution approving an assignment of a Recreational Use Agreement to the Holiday Hills Golf Course, LP. RECOMMENDATION Approve the resolution approving an assignment of a Recreational Use Agreement to the Holiday Hills Golf Course, LP. ITEM# I 7 05/07/2019 -147- CITY OF MINERAL WELLS, TEXAS RESOLUTION NO. --- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MINERAL WELLS, TEXAS APPROVING AN ASSIGNMENT OF A RECREATIONAL USE AGREEMENT BY AND BETWEEN THE CITY OF MINERAL WELLS, TEXAS AND HOLIDAY HILLS COUNTRY CLUB, INC., ALONG WITH ANY AMENDMENTS THERETO, TO HOLIDAY HILLS GOLF COURSE, LP; AUTHORIZING THE MAYOR TO EXECUTE THE CONSENT OF ASSIGNMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by virtue of a quit claim deed dated July 16, 1975, from the United States of America to the City of Mineral Wells, Texas (the "City"), of record in Volume 614, Page 86, Deed Records of Parker County, Texas, and subject to the terms and conditions thereof, the City acquired ownership of approximately 494.11 acres of land (the "Land Donation"); and WHEREAS, Holiday Hills Country Club, Inc. ("Holidays Hills Country Club") is the owner of approximately 117.44 acres of land out of the southeast quarter of Section 13 and the southwest quar1er ofSection 4, T. & P. Ry. Co. Lands, Block A, East of the Brazos, in Palo Pinto and Parker Counties, which adjoin a p011ion of the above referenced property; and WHEREAS, the Holiday Hills Country Club operates an eighteen-hole golf course on its property which is open for use by the general public; and WHEREAS, on October 18, 1983, the Board of Directors of said Holiday Hills Country Club and the City entered into a Recreational Use Agreement covering approximately five acres of the Land Donation whereby said land can be improved and maintained by the Holiday Hills Country Club for use for golfing purposes (the "Original Agreement"), more specifically described in the Original Agreement attached hereto and incorporated herein as Exhibit "A-1" (the "Property"); and WHEREAS, on September 10, 1993, the City and Holiday Hills Country Club entered into a First Amendment to Recreational Use Agreement in order to provide consent to construction of a maintenance building and all other improvements incident thereto on the Prope1iy and to extend the terms of the Original Agreement, attached hereto and incorporated herein as Exhibit "A-2" (the "First Amendment"); and WHEREAS, Holiday Hills Country Club is selling its property and requesting that the City assign the Recreational Use Agreement with Holiday Hills Golf Course, LP; and WHEREAS, after discussion and evaluation, the City Council of the City of Mineral Wells, Texas (the "City Council") has determined that it would serve the interest of the general public to consent to assignment of the Recreational Use Agreement, as Page l of22 -148- amended, to Holiday Hills Golf Course, LP in order to continue to allow the use, improvement and maintenance of the Property for golfing purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MINERAL WELLS, TEXAS: Section I. The Assignment of the Recreational Use Agreement, as amended, between the City and Holiday Hills Country Club for the Property, as described in Attachment "A" a copy of which is attached hereto and incorporated herein for all purposes, is hereby approved. The Agreement and Consent to Assignment of the Recreational Use Agreement, a copy of which is attached as Attachment "B", is hereby approved and the Mayor is authorized to execute the same. Section 2. This Resolution shall take effect from and after its date of adoption. PASSED AND APPROVED by the City Council of the City of Mineral Wells, Texas this the 7th clay of May, 2019. Christopher M. Perricone, Mayor ATTEST: By: Peggy Clifton, City Clerk APPROVED AS TO FORM: By: Wm. Andrew Messer, City Attorney -149- ATTACHMENT "A" -150- STATE OP TEXAS § § ASSIGNMENT OF § RECREATIONAL USE COUNTY OF PALO PINTO § AGREEMENT This Assignment of Recreational Use Agreement (the "Assignment") is entered into ru1d effective as of . 2019, at Mineral Wells, Texas, by ill1d between Holiday Hills Countrv Club, Inc., individually (herein refen-ed to as "Assignor") and Holiday Hills Golf Course, LP, individually (herein refen-ed to as "Assignee"). WHEREAS, by virtue of a quit claim deed dated July 16, 1975, from the United States of America to the City of Mineral Wells, Texas (the "City"), of record in Volume 614, Page 86, Deed Records of Parker County, Texas, ill1d subject to the terms and conditions thereof, the City of Mineral Wells acquired ownership of approximately 494.11 acres ofland (the "Land Donation"); ill1d WHEREAS, Assignor is the owner of approximately 117.44 acres of land out of the southeast quarter of Section 13 ill1d the southwest quarter ofSection 4, T. & P. Ry. Co. Lands, Block A, East of the Brazos, in Palo Pinto and Parker Counties, which adjoin a portion of the above referenced property; and WHEREAS, Assignor operates an eighteen-hole golf course on its property which is open for use by the general public; and WHEREAS, on October 18, 1983, the City and Assignor entered into a Recreational Use Agreement covering approximately five acres of the Land Donation whereby said land can be improved and maintained by the Assignor for use for golfing purposes (the "Original Agreement"), more specifically described in the Original Agreement attached hereto and incorporated herein as Exhibit "A-I" (the "Property"); and WHEREAS, on September I 0, 1993, the City and Assignor entered into a First Amendment to Recreational Use Agreement in order to provide consent to construction of a maintenance building and all other improvements incident thereto on the Property and to extend the terms of the Original Agreement, attached hereto and incorporated herein as Exhibit "A-2" (the "First Amendment"); and WHEREAS, Assignor is selling its property and desires to assign all of its right, title and interest in the Recreational Use Agreement, as amended, to Assignee, as evidenced by the consent to assignment attached hereto and incorporated herein for all purposes as Attaclunent "B" (the "Consent to Assignment"); and WHEREAS, Assignor desires to assign the Recreational Use Agreement, as runended, to Assignee, ill1d Assignee desires to accept the Assignment thereof in accordance with the terms and conditions of this Assignment. -151- NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions contained herein, the sufficiency of which is hereby acknowledged, the pmiies hereto, each intending to be legally bound, agree as follows: AGREEMENT 1. Assignor hereby assigns, bargains, sells, and conveys to Assignee, effective as of the date above, all of Assignor's right, title, duties, responsibilities, and interest in and to the Recreational Use Agreement, as amended, TO HAVE AND TO HOLD the same, for the remaining term thereof, and Assignor does hereby bind itself and its successors and assigns to warrant and forever defend the same unto Assignee against every person or persons lawfully claiming any part thereof through Assignor. 2. Assignee hereby agrees to and shall be bound by and comply with all of the terms, provisions, duties, conditions, and obligations of tenant under the Recreational Use Agreement, as amended. For purposes of notice under the Recreational Use Agreement, as amended, the address of Assignee is: Holiday Hills Golf Course, LP Attn: Bryan P. Hmion 4500 Highway 180 East Mineral Wells, Texas 76067 3. Nothing in this Assignment shall be construed or be deemed to modify, alter, amend or change any term or condition of the Recreational Use Agreement, as amended, except as set fmih herein. 4. The above and foregoing premises and recitals to this Assigm11ent are incorporated and made pmi of this Assignment, and Assignor and Assignee both warrant and represent that such premises and statements, and all other provisions of this Assignment, are true and correct, and that in giving consent, City (as defined in the Consent of Assigmnent attached hereto) is entitled to rely upon such representations and statements. 5. This Assigmnent is subject to ilie consent and filing requirements of the City of Mineral Wells, Texas and of the U.S. Department of the Interior. 6. Assignor acknowledges that in addition to any other remedies provided in the Recreational Use Agreement, as amended, or by law, City may at its own option, collect directly from the Assignee all consideration becoming due under such assignment and apply such consideration against any sums due to City. No such collection by City from any such Assignee or subtenant shall release Assignor from the payment or performance of Assignor's obligations under the Recreational Use Agreement, as amended. 7. The undersigned representatives of the Assignor and Assignee have the necessary authority to execute this Assignment on behalf of each of the respective parties hereto, and Assignor and Assignee certify one to the other that any necessary resolutions -152- or other act extending such authority have been duly passed and are now in full force and effect. IN WITNESS '\VHEREOF, Assignor and Assignee have executed and delivered this Assignment on the day and the year first set fmih above. Assignor: Holidav Hills Country Club, Inc. Assignee: Holiday Hills Golf Course, LP By: By: Horton & Hortons, LLC Name: a Texas limited liability company, Title: its general partner By: ~~~~~~~~~~~~ Bryan Ho1ion its managing member Date: -153- ACKNOWLEDGMENT STATE OF ------§ COUNTYOF ----- § BEFORE ME, the undersigned authority, on this day personally appeared ______, authorized representative for Holiday Hills Country Club, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein stated. GIVEN under my hand and seal of office this-··- day of ______2019. [SEAL] Notary Public, State of ---- STATEOI< ______§ COUNTY OF _____ § BEFORE ME, the undersigned authority, on this day personally appeared Bryan Horton, managing member of Horton & Hortons, LLC, a general partner and authorized representative for Holiday Hills Golf Course, LP, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein stated. GIVEN under my hand and seal of office this ____clay of ______2019. [SEAL] Notary Public, State of ____ (Attach alternate ack11owledgeme11tform if applicable in your state) ·154- EXHIBIT A-1 Recreational Use Agreement tl 761 '11:IB STATE OF T'EXP..S OJUNTY OF PALO PINIO CI'I:Y OF MINEllP~L WE.LIS HESC1I}J'ED, BY TitE !•IT!>SEPJ.J:, ~VELT....,S CIT\" COUNC1I. that the Recreational use Agreerrent b2tYle('.>n tf'.e Ci t'y' of Mi!:cral h'e.lls and the Holiday Hills Cotmtr-::r Club, a copy of which is attache:i hereto, 1Y' and tht-2 S<:lillC is hereby approved; and RESOLVED / further tfi..at t.'1£ Mayur of the City l:.x:': and he i.s hereby aul:.ho1:-iz:::::d and directed to exec-.tte said Recreationc1 Use Agreerrent on b:.::half of the City of M.:i.r..era1 ~\'ells and that the City Clerk duly attest to the execution of &".tid agrt.4?Jnent and affi:-: t~ official sE:aJ of tl:.e Ci.ty of rvlineral hre.1.1.s, Te:;{as. PASSED, APPROVED k'ID A!XJP'l'ED BY THE MINERAL WE''2:S CITY COUNCIL in a regularly held ;neetir.9 on the 18th day of Octoter, 1983 . ..... _ ,. ·. Ellis H. White, Mayor AfrE..soi:; ~ ' : . W"-l-l<- a~·~d-Sarah F. Scott, City Clerk -155- THE STP..'fE OF rrEXJ\S Rt:X:R.EJ\TION..;-._L USE CCXJNTY OF ?AW Pii\""'ID htIBRE..A5, by virtue of quit clai!n deed dated July 16, 1975, fran the u:nited States of lilllE:rica to th.2 City of !·lineral NelJ.s, Texas, o.f record in Volume 614, Page 86, LBed !:terords of Parker County, Te.' to th.€; terrns and conditions thereof,. the City of t4ineral \"Jells acquired ow11.E!rshii? of approxirnately 494 .11. ac!:"l'..~S 0£ land; and hltIEREt'\S, ti1e Holiday Hills Country Club of t4.ineral ~·Jells / Te..xas, is t.."1--te o;,..,·ner of approximately l.17 .44 acres of 1.aDd out of t11e soutl1east quarter of Section 13 and the south;..test quart!:::r of Section 4, T. & P. Ry. CJ, l...a.JdS, Block 11.l\n, East of the Brazos, in Palo Pinto and Parker Cotn1ties, \•:hich adjoin a l::Ortion of the above referenced property; ?ln.d ~·iHEREAS / the Holiday Hi.lls Count... ':}' Cltll) operates an ei.9hteen hoJ.e golf course on its property \vl.1id1 is open for use by tJ1e general ptilJ1.ic _. and ~·1£1.ERE.i'.\S, the Board of Directors of said Holiday Hills Counb.-i Club has rec..1uested the City Cc1l;ncil of t..IJe City of !>tineral \-'!ells to ent.er into a P..ecreational Use Agrccm2nt covering approximately five acres of land \'lherelJy said land can be irnproved and rnai.ntained by the Holiday Hills Country Club for use for golfing purposes; and -156- h'HEHE.~, after di.scussion and evaluation, the !•1ineraJ. t.·JelJ.s r..-:ity Council has deterr.Ur:<:!'l1 th.at i.t v1ould serve t:~·1e interest of tl";e qene.ral pttb.Lic to perrnit. t.'-le Ho1ida;y- 1Iills Country Club to use, ifff/t·ove and ma.i..t"ltain th-.e hereinafter describz-0 propert~;l for qo1£ir:-g ptU.l_)Oses; NOt·l, 'li:IEFEFORE 1 in consideration of t...'1e premises, it is muttk:.1ly understood. aJd agreed tetween t.l-te parties hereto as follo.i!S: l. PROPl!;HTY rrhe City of f1i.neral ~\1ells, a rnunicipaJ. corpJration, hereby aut.'riorizes Ho1.iday Hills Countt'J ClubI n non-profit co1-rnration, to \lse, i.mr:·r.ove and maintain, in accordance vii t_~ the hereinaft0r set fort.:11 terrns and concli tions / the follovti.ng described pi'Uperty, to-\.;i t: -157- P.. tract of land out of tl1e E. P. SuD1ey, Abstract Ko. 1247 ar. and descril'>"xl by rr:etes an.d b_;w:ds as follc1,.;s 1 to-:·I.it: BEGTI~Jil-K; at a t_::oint on the h'est line of the said Tract XX.XIX, said pc)int l::ei!l9 30 fee:t South of and perrx::n 2. CCNSIDERl\1'101' The consideration for t.iie pe:rntitted recreational use shall lx; Ont2 Hcmdred D:>llars ($100.00) per year payable on the 1st day of September of each year. Such use fee shall b? uscX! b/ t.he City of Mineral lfZells for the further develorxnent and rnaint.ena.nce of t.~ park properties acquirs -158- 3 IC.:t·l'Il\I, TE.,R.M !"-'~)) OP'flONS 'Phe ini. tial -term of this use aqreen'.-errt shall bs for a {10) yec:i.rs ccnirrcncing &-::pt0nll:er l, .l983r an Holiday Hills Cotmtr/ Club is hereb:l ;.rranted t:•. ;o suco2ssive options to use t.1e preil!ises for twoadditi.onal ten (10) y~.ar periods. Proviclcd Holiday Hills Count1:y Cltl.b is not then in default in t.1--ic tenns o:nd cond:i. tions hereof, each r.enevlal option shall be de1::1:r<:...:YJ to Lx~ autcn:atica.lly exercised c~.nless Holida:/ Hills Country" Cl.ub notifies the City of :.1ineral hte.lls thirty (30) days prior to t11e expiration of the current use p:::;-:::.io:l of .its desirH ;:ot to e:.:erci. 4. PCRPOSE The ab:::ive descrilx.:.cl prend.ses shall b2 used for golfinr,:; re.lated activities only. 5. IMPROVEMENTS ?!>:TI MilINTENlu'\'CE Nitf>.i.n tv,'() (2) years from date hereof, Holiday Bil.is Country Club shall substantially jnrprov-e tl1e atov.;: describ?c1 prernises to such a condition t.1iat is cc.mrpatible with the balance of the qolf course o;.B:rated -159- by Holiday H.i.lls Ccurrtry Club ani:i :Jsab1e f<)r qo1.finq fY'-n:p,Jses. The of Holiday Hll ls Cottntry Club. No pe_rntanent fixtures (excluding ff:":nces, qolf qrccns or b:::e l>'.)xes) shall iY2 91aos-d on t.11.e pre.rni&<..;s tvithout t:.lie e:... -press approval of th2 l' Hills Country Club to so i.fTil)ro~;e arrl t1112reafter maintain the premises shal.l ·::onstitute default hereu.rrier ancl r-:e.rrrd.t c2.J1cellation of tills agree.rnent at the opticn of t11e City of l·ti.ne.cal \"lells. 6. PUBLIC USE 'l'h...is use ag1:-eerent is entered i11to \vi t..11 ~'le express w.derstandi119 that t..he Holiday Hills Country Club golf course shall be available for use U.1 the general public at all tirrres during the existence of this agree.rnent 1..lEXJn the paynent of the usual and custanat:/ green fees. Should at any ti.me during the existence of this Recreational Use li.9reerrent, action b2 taken by tl1e goverrtirYg l:xxly of the Holiday Hills Cotmtr~/ Club, or its agents or errployess, to restrict the 11011ri.al daily use of the golf cow:-se to its members only, then in such event, this agreement shall autanatically terminate aro l:e of no further force and effect. Tl1is section shall not apply ....men the golf course, or a portion tl1ereof, is closed, or restricted fran general play due to scheduled tournan1ents or Sf."€Cial events. -160· 7. DEE'?WL'I' BY l:SEH 1f Ho.1-:lday H.ills C~1untry Cl•,Jb s.f'i<:<}l lx; in default in ,:1n·y· of tJx:: tei.ms O!:" conditions of this agreerr-2nt for a psrio:J of ten {10) dt1ys after v-1ritten !";Otice frar: tli::e City of t·tinerc.l Nells, t.l1e Cit~{ rn.a.y .iJ:rnedi.ately tenni;1ate tltis agreeneJ1t. U1::on such ternd.nat.ion 1 Holiday Hills Cou.r1try Club Sb.all ilnT!l..~1iately vacate the premises and tl:1e City rr:ay :ce-ente.r and ~e p::;ssessicn of the prerrises '.vi t.11out 1:-eing de-2rned. gi...iil t::/ of any Tnr"Jn.n.er of tresr,.ass. 8. INDEMNIFICATION Holiday Hi.lls Country Club agrees to indannify the City· of t•lineral Viells against cmy and all clairrs / (]ei1.:tr1ds / darnages, c..'Dsts and cxpc.•nses, -3- -161- in.cludinq reasonable att.on1ey 1 s fees fo.r. tl1e defens-€ thereof, arisi.n9 frcn: tl112 condi_:ct or rnan.ayenent of the prernises, or for any act of nf::9Jj__ 9ent--:e of the Ho.1.i.day Hills C)..iuntry Club, its a·~.Jt::nts, en1r;loyees, guests or licensees in, 0!1 or a.tout Gl:e pre.-nises. In case of any action or prcx;eeding brous;ht against the City of Mineral \'>fells b':l rr.-:ason of sud1 claim, Holiday Hills Country Club, Uf:on notice frcrn tJlE! City, covenants tc\ defend such action or procee:lirr:...;. 9. APPf-Di.lAL OP PEDEPJ\L GOV.t::r-<.t~·!El:\J""'l' It is understocd and agreed that the premises in question are subject to the tenns and cor.ditions set forth in one certain Quit ClaL:1 U:.~:U dated July 16, 1.975, fran tbe United States of i'\!nerica to t.~ City of 1'1ineral hfells, Texas, of record in Vollb'n2 614, Page 86, D:?ed Records of Park.er County, '.Le.xas. 'I'his agrec.rrent is subject to and effectivc only after apprtlval of tl1e Secretar1 of the Interior as provided for in said Quit Clai..s Dec.;{1. -162- indicated l'.t:'.la.v. Cirl"f OF ,'·1I~rr·w • .. i. ,:, : \L \ ,?E.1,L.S , City Clerk i\'ITES'I' • .J2£111 ~tar---,-,-- ' , THE.. S'"t>.=.i.,_ ,..i..i:, OF TEX.ZS . \,.· ,.co1J1?l'X. ./OF PAID ~N'IDPI · ..... r" · This inst--· ~ ._l.ffil2nt . ,_05 •.·xas LLL:~.i.: · 7 1983 '"by"'Ellis-:ckfl.Ol...,ledae·'' fl '"' ,_.. t--~fore m· · · '·a municipal·--~·· / corporation. · . h11ite: ' 'Ma~ yor of"' theon c"the/".. G.:i.J,L.C d ay of Te: ~ ~4y .. Q:m:llni~~lcn E' . ' on rehalf of sai'1 .1 ~v or Miner<>l Wells, ~"'' . · · xp.1res: ...... L\l:.L 1 r· coq:orat.wn.· \ . CAR"N C I' • Nof:Eiy 1 L.\.L' W , \ · ,,\ {NES Publir,--"--~L:c, Stat;;:. ~ o"'T· exas ·--~-·------~-- ···- .,~ . . -·__ s_.s__ (1 1 'IHE STA'rE OF rl'EX;"\S 0Ju1'."'l'Y OF •·P' •UJ-' rn p- IN.,.ro This instr (•. r t.- r .\-, -, \ l.1!'0ent' 198~ ... was, by ac.i{l;.cwledged , \'··•,' tet=o.,...e··\··...... \,.\._ the ~ d ayof "~' ~ me\ -, \ oni·· - r-.. r Presidentc· of ., -4- ...... ,, a non-profit Te.~as corporation , on J:e.'1alf rAREN C. HA YI""" N{)t-::n-u '- (\ ;\ ·.--, ( i"I' ,_,_.,._1 Public ,.~ St. \'t"1,:" <•. ;_ · -.,-, . -~ ' ' ate o.;:;.i.. =.1.e:- -163- THE STATE OF TEX.'\S County oi P~lo Pinto I. Bobbi1! Smith, C!\!d'!: of (h~ County Cvurt in and :'<.or r.aid Cu11nty d1:, hurdiy CNtify th'1.t th(! abnve inslturt\(!l\t in wdtlnf,!, with its ccrtifk:tte of auth>Jntication, w:u; filetl for [;;cord in my (1fllc1• Re<:ord~ of said Cour.ty -164- EXHIBIT A-2 First Amendment to Recreational Use Agreement COCNT'{ ()f' Pr.LO ::.ir:JTO rnc., on behalf of the City of Mine~al Wells, Texas to axecut~ said Firsr tl:at: persua1:t to Pa~agrd~~1 S of th~ !983, the City Council ~I~1?..E.:~L WELLS, Tt:Xl,,~3 that Holi-::L"1y Eills i::ountry Club, i:1c. he and it of Texas, ;~.A. sub;ect to the te.rms and cond::.tior:s o:' sa:id Use Aq.re1:.>m0n:. ar:d with -165- A'l:'TEST fHE STATE OF '!TX.l\S -166- .!..T'fEST: . //-) ·h.~/ ,. ·T:~,./-2±... ··~:·~·::;;,,,,;········ -"·--- .~ ·< ' J '" i <:- ,,,,_,.,.,.... ,, ' - \'" :>Ol.d.\. _, ~l .. L., .,,;1_,11R1 ;_,LLB., 1 .• 1.• 7:HE STATE OF TEXAS cou~TY OF PALO PINTO -167- C£:?lKA, 6. GONZALES r.;<;'':'AR"f 51'.Yi'E nt i'°"•''; -168- ATTACHMENTB CONSENT TO ASSIGNMENT The City of Mineral Wells, Texas (the "City") hereby: (i) acknowledges and consents to the assignment of the Recreational Use Agreement, dated October 18, 1983 with Holiday Hills Country Club, Inc. and the City (the "Original Agreement"), and amended by a First Amendment to Recreational Use Agreement dated September 10, 1993, to Holiday Hills Golf Course, LP; and (ii) waives any right to terminate the Original Agreement based solely on the assignment. The undersigned has full and complete authority to and has executed this Consent to Assignment as of the __ day of _____ ,2019. City of Mineral Wells, Texas: Christopher M. Perricone, Mayor ATTEST: By: Peggy Clifton, City Clerk -169- TEXAS SECRETARY of STATE DAVID WHITLEY UCCI Business Organizations J Trademarks I Notary J Account I Helo/Fees I Briefcase J Logout BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 39445101 Entity Type: Domestic Nonprofit Corporation Original Date of Filing: December 20, 1976 Entify Status: In existence Formation Date: NIA Non-Profit NIA Type: Tax ID: ••11111~1 f!!ll FEIN: Duration: Perpetual · Name: HOLIDAY HILLS COUNTRY CLUB, INC. Address: PO BOX68 Mineral Wells, TX 76068-0068 USA ASSOCIATED REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES Name Address Inactive Date Michels Mary 282 Hide Away Ln Weatherford, TX 76088 USA I Order ) ) Return to Search J Instructions: Ot To place an order for additional information about a filing press the 'Order' button. -170- TEXAS SECRETARY of STATE DAVID WHITLEY UCCI Business Organizations I Trademarks I Notary I Account J Help/Fees I Briefcase I Logout BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 39445101 Entity Type: Domestic Nonprofit Corporation Original Date of Filing: December 20, 1976 Entity Status: fn existence Formation Date: N/A Non-Profit N/A Type: Tax ID: ...$tiillll11 FEIN: Duration: Perpetual Name: HOLIDAY HILLS COUNTRY CLUB, INC. Address: PO BOX68 Mineral Wells, TX 76068-0068 USA ASSOCIATED REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES EN1lTIES Last Update Name Title Address August 27, 2018 Barbara Upham Director PO f3ox83 Mineral Wells, TX 76068 USA August 27, 2018 Barbara Upham President PO Box83 Mineral Wells, TX 76068 USA August 27, 2018 BobbyWCox Vice-President 1614 Kile Rd Mineral Wells, TX 76067 USA August 27, 2018 Mary Nicole Michels Secretary 278 Hide Away Ln Weatherford, TX 76088 USA August 27, 2018 Mary Nicole Michels Director 278 Hide Away Ln Weatherford, TX 76088 USA August 27, 2018 BobbyWCox Director 1614 Kite Rd Mineral Wells, TX 76067 USA August27,2018 Mary Nicole Michels Treasurer 278 Hide Away Ln Weatherford, TX 76088 USA \ Order \ \ Return to Search \ Instructions: ~ To place an order for additional information about a filing press the 'Order' button. -171- TEXAS SECRETARY of STATE DAVID WHITLEY UCC J Business Organizations I Trademarks I Notary I Account I Help/Fees I Briefcas~ I Logout BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 803282067 Entity Type: Domestic limited Partnership (LP) Original Date of Filing: April 2, 2019 Entity Status: In existence Formation Date: NIA Tax ID: .., 111 am '' · FEIN: Duration: Perpetual Name: Holiday Hills Golf Course, LP Address: 4500 Highway 180 East Mineral Wells, TX 76067 USA ASSOCIATED REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES Name Address Inactive Date Bryan P Horton 4500 Highway 180 East Mineral Wells, TX 76067 USA I Order I I Return to Search I Instructions; Q: To place an order for additional information about a filing press the 'Order' button. -172- TEXAS SECRETARY of STATE DAVID WHITLEY UCC ! Business Organizations I Trademarks I Notary I Account I Help/Fees I Briefcase I Logout BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 803282067 Entity Type: Domestic Limiled Partnership (LP) Original Date of Filing: April 2, 2019 Entity Status: In existence Formation Date: NIA Tax ID: ·"7Mll.i'RW:!l.&itill'. FEIN: Duration: Perpetual· Name: Holiday Hills Golf Course, LP Address: 4500 Highway 180 East Mineral Wells, TX 76067 USA ASSOCIATED REGISTERED AGENT FILING HISTORY MANAGEMENT ASSUMED NAMES ENTITIES Last Update Name Title Address April 3, 2019 Horton & Hortons, LLC General Partner 4500 Highway 180 East Mineral Wells, TX 76067 USA j Order I j Return to Search I Instructions: Q, To place an order for additional information about a filing press the 'Order' button. -173- 04/02/2019 1:53 Pll FAX 8173323140 HOLLAND JOHNS & PENNY @ 0002/0012 Form 207 111is spuee. re-served for office use. (Revised 12./15) Submit in duplicate to: FILED In the Office oflhe Secretary of State .Secretary of State of Texas P.O. Box 13697 Certificate of Formation APR 0 2 2019 Austin. TX 78711-3697 Limited Partnership 512 463-5555 Corporations Section FAX: 512 463-5709 Filing Fee: $750 Article I - Entity Name and Type 111e filing entity being formed is a limited partnership. The name of the entity is: Holiday Hills Golf Course, LP Tiie naml!! must contain the words "limited,- "litnitccl p11Jtt\crshfp .... or ;in abbreviution of lhnt won:l or phrase. The nnmc of O. Umited partnership that is also a limited linbility partnership muSt also contain the phrase "limited li:i.bility pnttncr.ship .. or "'limited liability limited psrmcrship'" or ~n abbrevintion of one .of tho:>c pbra,-;c!S. Article 2 - Registered Agent and Registered Office (Select and comp1ch::: dt.he:r A or B nnd complete C) A. The initial registered agent is an organization (eanno1 be cmity n:uned obove) by the name of: OR B. Tue initial registered agent is an individual resident of the state whose name is set forth below: Bryan P. Horton Firs/Name M.I. LruiName C. The business address of the registered agent and the registered off.ice address is: 4500 Highway 180 East Mineral Wells TX 76067 Street Address City Sft1!1t Zip Cut11e Article 3-Govcming Authority (Provide the name llnd address of each gen.era! partner.) The name and address of each general partner are set forth below: GENERA,_L_P_>\_R_T_N_E_ll_l ______----=-i_ .. Nf\ME (enter 1hi;: nnmc or either nn individuul or nn or~ni7.. Uion 1but CIQI both.) ~-, -174- 04/02/2019 1:53 PM FAX 8173323140 HOLLAND JOHNS & PENNY 141 000310012 U: INDIVlbUAL M.I. Suj)h· OR Jf ORGJ\NIZAl'lON Horton & Hortons, LLC ------·· ··-·------···----·-----·-"·! 1 Organl:.cuitJn /J(lmt! IADDRESS I '4500 Highway l80 East Mineral Wells TX USA 76067 --···-----1 Stroer or !4tiiling At.!dress Store Cu11ntry Zip CC1dc . ---'----1 I , GENERAL PAJrfNER 2 NAME (fintc:rlhc ruime ofeilhcr :In individunI ornn or~nl72-tion. bul nol both.} IFJNDIYIIlUAt.. FirsrNomi! M.f. lastNamt: Suf!i;t OR IFORGANl7..ATION --·------, . Orgcini;utitJn Name -··-··--iI I ADDRESS . i ! Strecr Or MtJifi11g Addre.f,t Ci{v 5/u/e Country Zip Code I IGENERALPARTNER3 Suffuc ! i I , __ __,! Street nr Mflili11g ------Atlrlres:; Ciry ------Sw1e Cowtrry Zip Cudt: 2 ~onn2U7 ·175- 04/02/2019 1:53 PM FAX 8173323140 HOLLAND JOHNS & PENNY ~ 0004/0012 ·Article 4-Principal Office The address of the principal office of the limited partnership in the United States where records are to be kept or made available under section l 53 .551 of the Texas Business Organizations Code is: 4500 Highway 180 East Mineral Wells TX USA 76067 Cit,V Sta/a CuµnJry Zip Code Supplemental Provisions/Information Text Area: [TJ1e aftnchcrl addendum, ifauy. is h1corporutcd herein by refcrence.1 ···-···- .. ·- ·····~ . Effectiveness of Filing (Select cilllcr A. B. or C.) A. This document becomes effective when the document is filed by tne secretary of state. B. This document becomes effective at a later date, which is not more than ninety (90) days from the date of signing. The delayed effective date is: ~~~~~~~~~~~~~~~~~ C. This document takes effect upon the occurrence of the future event or fact, other than the passage of time. The 90th day after the date of signing is: ~~~~~~~~~~~~~~- The following event or fact will cause the document to take effect in the manner described below: ~-.:··-.-. ····1 Execution The oodersig0ed general partner affirms Jhat the person designated ~s registered agent has con~ented 10 the appointment. The undersigned signs this document subject to the penalties imposed by law for tl1e submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized to execute the filing instrument. -176- 04/02/2019 1:54 PM FAX 8173323140 BOLLAND JOHNS & PENNY @ 0005/0012 Date: March 29, 2019 Signanire for.each general partner: Horton & H on~ a:exas limited liability company By:.~-1..,A~::L:.:_:_:==.~~~~~ Bryan P. Horton, Manager 4 Form !07 -177- 04/02/2019 1:55 PM FAX 8173323140 HOLLAND JOHNS & PENNY Ii!! 0011/0012 DouG!,As J{. HomoN P.O, Box 428 Mn%!>.'L We1.1JJ, Tuiu.s 76068--042& Tele;:ihone:-940-325-£5~3 April l, 2019 Tcxa!:: Scetttruy of Stole llu.inoss und Publie 'Fllmgs Division Austin, 'foXAS 78711 ·R · ····H6lillayflll~ GoifColil!lc;LP · ~- .. ~ .. ~ llfl 1 tcscrved.tbc- ntim.e llolid.ey lIDli: Golf C9uno1J-Yon ,Mlln!b 2°5, 2019, for \l.$C"OIS fa set 'ftirth,i:n the accointiru-.Ying, filing: "fhe senerut P.:u-.tncr. 13.arton ·&; HnttonS: l.J .. C fa a .fninily .enjlty OS is thi; limited P.IJIW,ct; KK.fi Family P~Wp, Lid. l ntithorizet~d ~mco.rto ~ 11ling:-.of lhc nttathtd CCtliilet1t~ufForinBtionfor Holiday Hills GoitCours<, LP, My moiltng.pdn:ss is-P,0.13ox418, lmn"".iWc)l•, T -178- TEXAS SECRETARY of STATE DAVID WHITLEY UCC I Business Organizations I Trademarks I Notary I Account I Help/Fees I Briefcase I Logout BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 802595862 Entity Type: Domestic Limited liability Company (LLC) Original Date of Filing: December 2, 2016 Entity Status: In existence Formation Date: NIA Tax ID: ··~,, FEIN: Duration: Perpetual, Name: Horton & Hortons, LLC Address: PO BOX 1524 MINERAL WELLS, TX 76068 USA ASSOCIATED REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES Name Address Inactive Date Bryan Paul Horton 3715 Highway 281 North Mineral WeUs, TX 76067 USA I Order J I Return to Search I Instructions: Cl. To place an order for additional information about a filing press the 'Order' button. -179- TEXAS SECRETARY of STATE DAVID WHITLEY UCCI Business Organizations I Trademarks I Notary I Account I Help/Fees I Briefcase I Logout BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 802595862 Entity Type: Domestic Limited liability Company (LLC) Original Date of Filing: December 2, 2016 Entity Status: In existence Formation Date: NIA Tax ID: '6iS f!U q· [iH;,*'! FEIN: Duration: Perpetual Name: Horton & Hortons, LLC Address: PO BOX 1524 MINERAL WELLS, TX 76068 USA ASSOCIATED REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES Last Update Name Title Address January 13, 2018 BRYAN HORTON MEMBER PO BOX 1524 MINERAL WELLS, TX 76068 USA I Order I I Return to Search I Instructions: Q To place an order for additional information about a filing press the 'Order' button. -180- Franchise Tax Account Status As of: 05/02/201914:21:21 This Page is Not Sufficient for Filings with the Secretary of State HOLIDAY HILLS COUNTRY CLUB, INC. Texas Taxpayer Number 4k%\llU!l.i-. Mailing Address PO BOX 68 MINERAL WELLS, TX 76068-0068 @ Right to Transact Business in ACTIVE- Texas State of Formation TX Effective SOS Registration Date 12/20/1976 Texas SOS File Number 0039445101 Registered Agent Name MICHELS MARY Registered Office Street Address 282 HIDE AWAY LN WEATHERFORD, TX 76088 -181- Franchise Tax Account Status As of: 05/02/201914:22:01 This Page is Not Sufficient for Filings with the Secretary of State HOLIDAY HILLS GOLF COURSE, LP Texas Taxpayer Number ·U;;J~ Mailing Address 4500HIGHWAY180 EAST MINERAL WELLS, TX 76067 g Right to Transact Business in ACTIVE Texas State of Formation TX Effective SOS Registration Date 04/02/2019 Texas SOS File Number 0803282067 Registered Agent Name BRYAN P HORTON Registered Office Street Address 4500 HIGHWAY 180 EAST MINERAL WELLS, TX 76067 -182- AGENDA ITEM COMMENTARY ITEM TITLE Consider and take action on a resolution authorizing the Mayor to execute conveyance documents to Southwire Company, LLC for 3800 S.E. Industrial Parkway, Mineral Wells, Texas 76067 and 501 Tradeway, Mineral Wells, Texas 76067 INITIATOR/STAFF INFORMATION SOURCE Margie Rose, Interim City Manager BACKGROUND The City of Mineral Wells is a party to two separate Texas Community Development Block Grant contracts that are together numbered 716022 with the Electronic Interconnect Systems, Inc. which were assigned to Southwire Company, LLC on November 14, 2008 for the lease of two properties commonly known as 3800 S.E. Industrial Parkway, Mineral Wells, Texas 76067 and 501 Tradeway, Mineral Wells, Texas 76067. The agreement allowed Southwire Company, LLC an option to purchase the Properties upon satisfaction of final repayment to the Texas Department of Agriculture. The City is in receipt of notices from Texas Department of Agriculture indicating that the obligations have been satisfied EXHIBITS Resolution COUNCIL ACTION Approve/Disapprove a resolution authorizing the Mayor to execute conveyance documents to Southwire Company, LLC for 3800 S.E. Industrial Parkway, Mineral Wells, Texas 76067 and 501 Tradeway, Mineral Wells, Texas 76067 RECOMMENDATION Approve a resolution authorizing the Mayor to execute conveyance documents to Southwire Company, LLC for 3800 S.E. Industrial Parkway, Mineral Wells, Texas 76067 and 501 Tradeway, Mineral Wells, Texas 76067 ITEM# j'/l 05/07/2019 -183- RESOLUTION NO. ~~~~~~~~ A RESOLUTION OF THE CITY OF MINERAL WELLS, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE CONVEYANCE DOCUMENTS AND OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE TRANSFER OF PROPERTY TO SOUTHWIRE COMPANY, LLC; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Mineral Wells, Texas (the "City") is a home-rule municipality pursuant to Section 5, Article XI of the Texas Constitution and exercises powers granted by the Texas Constitution and the City's Charter; and WHEREAS, the City is a paiiy to two separate Texas Community Development Block Grant Contracts that are together numbered 716022 (collectively, the "Agreement") with Electronic Interconnect Systems, Inc., which were assigned to Southwire Company, LLC on November 14, 2008, for the lease of two properties commonly known as 3800 S.E. Industrial Parkway, Mineral Wells, Texas 76067 and 501 Tradeway, Mineral Wells, Texas 76067, and more specifically described in Exhibit "A", attached hereto and incorporated herein for all purposes (the "Prope1iies"); and WHEREAS, the Agreement contained that allowed Southwire Company, LLC an option to purchase the Properties upon satisfaction of final repayment to the Texas Department of Agriculture ("TDA"); and WHEREAS, the City is in receipt of notices from TDA indicating that the aforementioned obligations ai·e satisfied; and WHEREAS, the City Council finds and determines it prudent ai1d necessary to authorize the Mayor to negotiate and execute all documents necessary to effectuate such transfer of the Properties to Southwire Company, LLC in accordance with the Agreement. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MINERAL WELLS, TEXAS, THAT: SECTION I: Recitals Incorporated. The findings recited above are incorporated as if fully set forth in the body of this Resolution. SECTION 2: Authorization to Execute Documents. That the Mayor is authorized to execute the attached deeds in Exhibit "A" on behalf of the City of Mineral Wells to Southwire Company, LLC, and further the Mayor is authorized to execute any other documents required to convey the property interest reflected in Exhibit "A". SECTION 3: Effective Date. This Resolution shall take effect immediately upon its passage. PASSED AND APPROVED this the 7th day of May, 2019. Resolution--Page 1 of 3 -184- Christopher M. Perricone, Mayor City of Mineral Wells, Texas ATTEST: Peggy Clifton, City Clerk City of Mineral Wells APPROVED AS TO FORM: Wm. Andrew Messer, City Attorney Resolution--Page 2 of 3 -185- EXHIBIT "A" Deeds Resolution--Page 3 of 3 -186- NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED Of 7.50 Acres THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF PALO PINTO § THIS GENERAL WARRANTY DEED (this "Deed") is made as of the 7th day of May, 2019, by City of Mineral Wells, Texas, of the County of Palo Pinto, a Texas municipal corporation (collectively hereinafter referred to as "Granter"), to Southwire Company, LLC, a Delaware corporation whose mailing address is One Southwire Drive, Carrollton, GA 30119, (hereinafter referred to as "Grantee"). The warranty contained herein is subject to: (a) any visible and apparent roadway or easement over or across the subject property, the existence of which does not appear of record; (b) any portion of the subject property which lies within the bounds of a public or private road; (c) any encroachment, encumbrance, violation, variation or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land; (d) all leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the public records; and (e) any matter including, but not limited to, easements, roadways, and/or building setback lines as shown on the recorded plat of the addition of record in Volume 4, Page 33, Plat Records, Palo Pinto County, Texas. IN CONSIDERATION of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by Grantee to Granter, the receipt and sufficiency of which are hereby acknowledged, Granter has sold, conveyed and granted and does hereby sell, convey and grant unto Grantee, its successors and assigns that certain property lying and being situated in Palo Pinto County, Texas, and described on Exhibit A attached hereto and incorporated herein by reference, together with all improvements thereon and all right, title and interest of Granter in any oil, gas and other minerals in, on and under and that may be produced from the land, as well as all development rights, land use entitlements, including without limitation, air rights, water, water rights, wastewater and other utility commitments, allocations, and permits, and related rights appurtenant to the land, if any, and all of Grantor's right, title and interest as of the date hereof in and to (a) all privileges, rights, easements and appurtenances belonging to such land; and (b) all streets, alleys, passages and other rights-of-way or appurtenances (collectively, the "Property"). 1 -187· GRANTOR AND GRANTEE AGREE THAT THE GRANTEE IS TAKING THE PREMISES "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE IS NO WARRANTY BY GRANTOR THAT THE PREMISES HAS A PARTICULAR FINANCIAL VALUE OR IS FIT FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPRESS WARRANTY OF TITLE SET FORTH HEREIN, GRANTEE ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT REL YING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION WITH RESPECT TO THE PROPERTY CONDITION BUT IS REL YING ON THE GRANTEE'S OWN EXAMINATION OF THE PREMISES AND DUE DILIGENCE. GRANTEE TAKES THE PREMISES WITH THE EXPRESS UNDERSTANDING AND STIPULATION THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES EXCEPT THE WARRANTY OF TITLE REFLECTED IN THIS DEED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRANTOR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY ENVIRONMENTAL HAZARDS OR CONDITIONS AFFECTING THE PREMISES. FOR PURPOSES OF THIS DEED, THE TERM "ENVIRONMENT AL HAZARDS OR CONDITIONS" INCLUDE, BUT ARE NOT LIMITED TO: (1) STORAGE OR DISPOSAL OF HAZARDOUS SUBSTANCES OR MATERIALS OR TOXIC WASTE, A DUMP SITE OR LANDFILL, OR THE HOUSING OF ANY UNDERGROUND TANKS OR DRUMS; (2) RADON, ASBESTOS INSULATION OR FIREPROOFING, UREAFORMALDEHYDE FOAM INSULATION, LEAD-BASED PAINT OR OTHER POLLUTANTS OR CONTAMINANTS OF ANY NATURE; (3) WETLANDS, AS DEFINED BY FEDERAL OR STATE LAW OR REGULATION; AND (4) THREATENED OR ENDANGERED SPECIES OR THEIR HABITAT, AS DEFINED BY THE U.S. FISH AND WILDLIFE SERVICE OR STATE REGULATORY AGENCY. GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTEE HAS RELIED ON ITS OWN INVESTIGATIONS AND INSPECTIONS OF THE PREMISES TO SATISFY ITSELF THAT THERE ARE NO ENVIRONMENTAL HAZARDS OR CONDITIONS THAT AFFECT THE PREMISES. GRANTOR SHALL HAVE NO LIABILITY TO GRANTEE (OR ANY OF GRANTEE'S SUCCESSORS AND ASSIGNS) RELATING TO ANY ENVIRONMENTAL HAZARD OR CONDITION AFFECTING THE PREMISES, ANY AND ALL SUCH LIABILITY BEING EXPRESSLY WAIVED BY GRANTEE HEREUNDER, BUT NOTHING HEREIN SHALL BE CONSTRUED AS GRANTEE'S AGREEMENT TO INDEMNIFY GRANTOR FOR THIRD-PARTY CLAIMS RELATING TO ENVIRONMENTAL HAZARDS OR CONDITIONS AFFECTING THE PREMISES THAT ARE ATTRIBUTABLE TO ACTIVITIES CONDUCTED BY GRANTOR PRIOR TO THE DATE OF THIS DEED. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anyway belonging unto said Grantee, its successors and assigns, forever. Grantor does hereby bind Grantor and Grantor's heirs, successors, 2 -188- executors and assigns, to warrant and forever defend, all and singular the Property unto the Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Grantor does hereby represent and warrant that there are no liens, attachments or other encumbrances which will affect the title or right of the Grantor to convey this deed to the Grantee. EXECUTED this 7th day of May, 2019. EFFECTIVE as of the execution date hereof. IN WITNESS WHEREOF, this instrument is executed on this the 7th day of May, 2019. GRANTOR: City of Mineral Wells, Texas Christopher Perricone, Mayor ACCEPTANCE BY GRANTEE: Southwire Company, LLC Rich Stinson, President Acknowledgment Page Follows 3 -189- ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF PALO PINTO § This instrument was acknowledged before me on this the __ day of _____ 2019 by Christopher Perricone, Mayor of the City of Mineral Wells, Texas. Notary Public, State of Texas Notary ID: ______My Commission expires: _____ STATE OF ---- § § COUNTY OF ------§ This instrument was acknowledged before me on this the __ day of _____ 2019 by Rich Stinson, President of Southwire Company, LLC. Notary Public, State of ____ Notary ID: ______My Commission expires: _____ Prepared in the Law Office of: After Recording, Return to: Messer, Rockefeller & Fort City of Mineral Wells, Texas 6371 Preston Road, Suite 200 Attention: Peggy Clifton, City Clerk Frisco, Texas 75034 211SW1st Avenue Mineral Wells, Texas 76067 4 -190- Exhibit A Legal Description of Property BEING 7.50 acres out of ~1incr:il \Vcils Industri;:il Park No. I. an addition lo lhc Citv oi i\1incral \VcHs. Palo Pinto Counry, Te.'Cas. and being :i pan of Tract C. said f\.1incr::i:l \Vclis Industri:iJ Park No. t to8ctI1er nitlt a p;ln ofJ Raiim.ad Right Of Way according to the pfal recorded in ~/olume ~. Page .13 of the Plat Records of Palo Pinto County. Te:us and being more panicuiarfy dcscrii;x:j a:s follo,vs: BEGfNNING at a 1/2 inch iron rod !Cl for the most southerly Northeast comer of s:tjd Tr.let C for the most southerly NorthC!tSt corner of this tract.: TiiENCE South.. along and \\ith the East line of said Tr;itt C Jnd the \\i•cst line of Trade Wav. a dist.an:c of 628. l & feet to a 112 inch iron rod set for the Southc:ist comer ofthi.s tract: . 111.ENCE West. a distl'.lncc of 491 .46 feet to a !/2 inch iron rod set in the \Vest line of said ~.. Hncral Wens industrial Pnrk No. I~ for the Southu.·est comer of this tract: TIJENCE N 000 35' -19" E. along and nith said West line of Mineral Wells lndustriol Park No. l. a dist:mcc of 588.08 feet to a J/8 inch iron rod. found in pJacc at the most southerly comer of that ccrt.:lin tract cont·C)°Cd 10 Southern lJnion Gas Company by deed rccurdcd in Volume 778. Pogc 907 of the Real Records of Pola Pinto County. Texas for the most .southerly NonhtH!Sl comer of this trnct: THENCE N 300 03' 39" E. along ond \\ith the Southeast line of s:iid Southern Union Gas Co. t"1ct. o dilt:lncc of 106.57 feet to a J/8 inch iron rod. found in pince. :it the P.C. ofa cun.-c to the right: THENCE Nonhc.:istcrly. continuing :ilong J.nd \\ith :said Sourhcast line of said Southern Union G:is Co. tract and \Yith s:i:id cur\'c to the right hating a o:ntrnl a:igJc of01D .+6' 21" and a radius of 700JJ0 feet ::n zirc Jc:.ngth of 46,0R fcct to a point on the South line ofSouthc:'lst fndustrial ?.!r>.i.'"Y for the P.C. ofa non4angcn1 CUtYc to the fcfl and for the mast nonhcrJy North\\·'est corner of this tfj.ct: TiiENCE Southco:stcrtr, .:!:long a.nd \\"ilh s.Ud South line of Southeast Industn:il Park\\' TiiENCE S·SiD )0' on .. E. continuing :Jiong :ind \\1th said South line of Southc::st Jndustri:d Pa.rb\ny and !he North lin~ of said Tntct C. ;:i distzJncc of 2!6,70 feet to :i 1/2 inch iron rod set for the P.C. of a c:un·c to lhe right: TiiENCE Southe:i:stcrly. :ilong ;ind "·ith said cun·c to 1hc nght h;ning ::i a:ntml angle of 870 30' 00" Jnd a radius oi 12.00 feet 3n arc Jc:r.gth of 4R_87 rcc1 to the place oflx:ginning and conuining 7.50 :icres of '"'hich 1.66 ocrcs is foc:ttcd in said Radro:ld Right Of '•Var. 5 -191- NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED Of 5.035 Acres THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF PALO PINTO § THIS GENERAL WARRANTY DEED (this "Deed") is made as of the 7th day of May, 2019, by City of Mineral Wells, Texas, of the County of Palo Pinto, a Texas municipal corporation (collectively hereinafter referred to as "Grantor"), to Southwire Company, LLC, a Delaware corporation whose mailing address is One Southwire Drive, Carrollton, GA 30119, (hereinafter referred to as "Grantee"). The warranty contained herein is subject to: (a) any visible and apparent roadway or easement over or across the subject property, the existence of which does not appear of record; (b) any portion of the subject property which lies within the bounds of a public or private road; (c) any encroachment, encumbrance, violation, variation or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land; (d) all leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the public records; and (e) any matter including, but not limited to, easements, roadways, and/or building setback lines as shown on the recorded plat of the addition of record in Volume 4, Page 33, Plat Records, Palo Pinto County, Texas. IN CONSIDERATION of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by Grantee to Grantor, the receipt and sufficiency of which are hereby acknowledged, Granter has sold, conveyed and granted and does hereby sell, convey and grant unto Grantee, its successors and assigns that certain property lying and being situated in Palo Pinto County, Texas, and described on Exhibit A attached hereto and incorporated herein by reference, together with all improvements thereon and all right, title and interest of Granter in any oil, gas and other minerals in, on and under and that may be produced from the land, as well as all development rights, land use entitlements, including without limitation, air rights, water, water rights, wastewater and other utility commitments, allocations, and permits, and related rights appurtenant to the land, if any, and all of Grantor's right, title and interest as of the date hereof in and to (a) all privileges, rights, easements and appurtenances belonging to such land; and (b) all streets, alleys, passages and other rights-of-way or appurtenances (collectively, the "Property"). 1 -192- GRANTOR AND GRANTEE AGREE THAT THE GRANTEE IS TAKING THE PREMISES "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE IS NO WARRANTY BY GRANTOR THAT THE PREMISES HAS A PARTICULAR FINANCIAL VALUE OR IS FIT FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPRESS WARRANTY OF TITLE SET FORTH HEREIN, GRANTEE ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT REL YING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION WITH RESPECT TO THE PROPERTY CONDITION BUT IS REL YING ON THE GRANTEE'S OWN EXAMINATION OF THE PREMISES AND DUE DILIGENCE. GRANTEE TAKES THE PREMISES WITH THE EXPRESS UNDERSTANDING AND STIPULATION THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES EXCEPT THE WARRANTY OF TITLE REFLECTED IN THIS DEED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRANTOR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY ENVIRONMENTAL HAZARDS OR CONDITIONS AFFECTING THE PREMISES. FOR PURPOSES OF THIS DEED, THE TERM "ENVIRONMENTAL HAZARDS OR CONDITIONS" INCLUDE, BUT ARE NOT LIMITED TO: (1) STORAGE OR DISPOSAL OF HAZARDOUS SUBSTANCES OR MATERIALS OR TOXIC WASTE, A DUMP SITE OR LANDFILL, OR THE HOUSING OF ANY UNDERGROUND TANKS OR DRUMS; (2) RADON, ASBESTOS INSULATION OR FIREPROOFING, UREAFORMALDEHYDE FOAM INSULATION, LEAD-BASED PAINT OR OTHER POLLUTANTS OR CONTAMINANTS OF ANY NATURE; (3) WETLANDS, AS DEFINED BY FEDERAL OR STATE LAW OR REGULATION; AND (4) THREATENED OR ENDANGERED SPECIES OR THEIR HABITAT, AS DEFINED BY THE U.S. FISH AND WILDLIFE SERVICE OR STATE REGULATORY AGENCY. GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTEE HAS RELIED ON ITS OWN INVESTIGATIONS AND INSPECTIONS OF THE PREMISES TO SATISFY ITSELF THAT THERE ARE NO ENVIRONMENTAL HAZARDS OR CONDITIONS THAT AFFECT THE PREMISES. GRANTOR SHALL HAVE NO LIABILITY TO GRANTEE (OR ANY OF GRANTEE'S SUCCESSORS AND ASSIGNS) RELATING TO ANY ENVIRONMENTAL HAZARD OR CONDITION AFFECTING THE PREMISES, ANY AND ALL SUCH LIABILITY BEING EXPRESSLY WAIVED BY GRANTEE HEREUNDER, BUT NOTHING HEREIN SHALL BE CONSTRUED AS GRANTEE'S AGREEMENT TO INDEMNIFY GRANTOR FOR THIRD-PARTY CLAIMS RELATING TO ENVIRONMENTAL HAZARDS OR CONDITIONS AFFECTING THE PREMISES THAT ARE ATTRIBUTABLE TO ACTIVITIES CONDUCTED BY GRANTOR PRIOR TO THE DATE OF THIS DEED. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anyway belonging unto said Grantee, its successors and assigns, forever. Granter does hereby bind Granter and Grantor's heirs, successors, 2 -193- executors and assigns, to warrant and forever defend, all and singular the Property unto the Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Granter does hereby represent and warrant that there are no liens, attachments or other encumbrances which will affect the title or right of the Granter to convey this deed to the Grantee. EXECUTED this 7th day of May, 2019. EFFECTIVE as of the execution date hereof. IN WITNESS WHEREOF, this instrument is executed on this the 7th day of May, 2019. GRANTOR: City of Mineral Wells, Texas Christopher Perricone, Mayor ACCEPTANCE BY GRANTEE: Southwire Company, LLC Rich Stinson, President Acknowledgment Page Follows 3 -194- ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF PALO PINTO § This instrument was acknowledged before me on this the __ day of ______, 2019 by Christopher Perricone, Mayor of the City of Mineral Wells, Texas. Notary Public, State of Texas Notary ID: ______My Commission expires: _____ STATE OF ___ § § COUNTY OF ______§ This instrument was acknowledged before me on this the __ day of _____ 2019 by Rich Stinson, President of Southwire Company, LLC. Notary Public, State of ____ Notary ID: ______My Commission expires: _____ Prepared in the Law Office of: After Recording, Return to: Messer, Rockefeller & Fort City of Mineral Wells, Texas 6371 Preston Road, Suite 200 Attention: Peggy Clifton, City Clerk Frisco, Texas 75034 211SW1st Avenue Mineral Wells, Texas 76067 4 -195- Exhibit A Legal Description of Property SURFACE ONLY BEING the North 5.035 acres of Tract "D", Mineral Wells Industrial Park No. l Addition to the City of Mineral Wells, Palo Pinto County, Texas according to the Plat filed for record in Volume 4, Page 33 of the Plat Records of Palo Pinto County, Texas and being more particularly described as follows: BEGINNING at a Y2 inch iron rod at the Northeast comer of said Tract "D" for the Northeast comer of this tract; THENCE South, along and with the East line of said Tract "D'', a distance of 520.00 feet to a Y2 inch iron rod set for the Southeast corner of this tract; THENCE West, a distance of 415.00 feet to a Y, inch iron rod set in the East line of Trade Way and the West line of said Tract "D" for the Southwest corner ofthis tract; , '/-" THENCE North, along and with said East line of Trade Way and the West line of said Tract "D", a distance of504.69 feet to a Y, inch iron rod set at the P.C. of a curve to the right; THENCE Northeasterly, along and with said curve to the right having a central angle of 92D 30' 00", n radius of32.00 feet and a tangent of33.43 feet an arc distance of 51.66 feet to a Y, inch iron rod set at the P.T. of said curve; TIIBNCE: S 87D 30' 00" E, along and with the South line of Industrial Parkway and the North line of said Tract "D", a distance of 381.97 feet to the place of beginning and containing 5.035 acres. 5 -196- TEXAS DEPARTMENT OF AGRICULTURE COMMISSIONER SID MILLER August21, 2017 The Honorable Mike Allen Mayor, City of Mineral Wells 115 SW !st Street Mineral Wells, TX 76067 Re: Texas Community Development Block Grant Contract #716022 Dear Mayor Allen: The Texas Department of Agriculture (TDA) has received the final repayment to satisfy the obligation in the amount of $475,000.00 from the City of Mineral Wells for contract number 716022. With this payment, the City's obligation under the above-referenced contract to TDA is fully satisfied. We look forward to providing any technical assistance necessary to take advantage of the community development programs that TDA provides. If you have any questions, please do not hesitate to contact your contract specialist, Jeanette Chardon at (512) 463-5654. Suzanne Barnard Director, Texas Community Development Block Grant Program cc: Contract File P.O. Box 12847 (512) 463-7476 AUSTIN, TEXAS 78711 TEXASAG RI CULTURE.GOV FAX: (888) 223-1_1 _ 97 TEXAS SECRETARY of STATE DAVID WHITLEY UCCI Business Organizations I Trademarks I Notary I Account I Help/Fees ! Briefcase I Logout BUSINESS ORGANIZATIONS INQUIRY· VIEW ENTITY Filing Number: 9483706 Entity Type: Foreign Limited Liability Company (LLC) Original Date of Filing: March 17, 1993 Entity Status: In existence Formation Date: NIA Tax ID: ti~ ..• FEIN: ~' Name: SOUTHWIRE COMPANY,bbG Address: One Southwire Drive Carrollton, GA 30119 USA Fictitious Name: N/A Jurisdiction: DE, USA Foreign Formation December 3, 1992 Date: ASSOCIATED REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES Last Update Name litre Address February 23, 2019 RICH STINSON PRESIDENT ONE SOUTHWIRE DRIVE CARROLLTON, GA30119 USA February 23, 2019 J GUYTON COCHRAN Jr TREASURER ONE SOUTHWIRE DRIVE CARROLLTON, GA30119 USA February23,2019 BURT FEALING SECRETARY ONE SOUTHWIRE DRIVE CARROLLTON, GA30119 USA / Order I I Return to Search I Instructions: ~ To place an order for additional information about a filing press the 'Order' button. -198- TEXAS SECRETARY of STATE DAVID WHITLEY UCCI Business Organizations I Trademarks I Notarv I Account I Help/Fees I Briefcase I Logout BUSINESS ORGANIZATIONS INQUIRY· VIEW ENTITY Filing Number: 9483706 Entity Type: Foreign Limited Liability Company (LLC) Original Date of Filing: March 17, 1993 Entity Status: In existence Formation Date: NIA Tax ID: ~?.M;)l~l!I' Name: SOUTHWIRE COMPANY, LLC Address: One Southwire Drive Carrollton, GA 30119 USA Fictitious Name: NIA Jurisdiction: DE, USA Foreign Formation December 3, 1992 Date: ASSOCIATED REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES Name Address Inactive Date National Registered Agents, Inc. 1999 Bryan St, S!e. 900 Dallas, TX 75201.3136 USA I Order I I Return to Search I Instructions: Q. To place an order for additional information about a filing press the 'Order' button. -199- Franchise Tax Account Status As of: 04/30/2019 i 0:05:25 This Page is Not Sufficient for Filings with the Secretary of State SOUTHWIRE COMPANY, LLC .... _,.. - - -- .. ··-•""' -- - .. Texas Taxpayer Number -·~~· .. -- - . ·---·-·- . Mailing Address 1 SOUTHWIRE DR CARROLLTON, GA 30119-4400. Q Right to Transact Business in ACTIVE Texas State of F@rmation DE Effective SOS Registration Date 01/01/1993 Texas SOS File Number 0009483706 Registered Agent Name NATIONAL REGISTERED AGENTS, INC. Registered Office Street Address. 1999 BRYAN ST., STE. 900 DALLAS, TX 75201 -200-