Work Session Agenda 5:00 P.M

City Council Meeting September 22, 2020

Fletcher Warren Civic Center 5501 Business Highway 69 South

City Council David L. Dreiling, Mayor

Place 1 Jerry Ransom, Mayor Pro Tem Place 2 Al Atkins Place 3 John Turner Place 4 Holly Gotcher Place 5 Brent Money Place 6 Cedric Dean

Work Session Agenda 5:00 p.m.

1. Call to Order

2. Items to be Discussed

3. Items on the Regular Agenda of September 22, 2020

4. EXECUTIVE SESSION AS NEEDED FOR AGENDA ITEMS OR EXECUTIVE SESSION ITEMS AS LISTED ON THE REGULAR AGENDA - SECTIONS 551.071, 551.087, 551.072, 551.074,551.089, OR 551.073

5. Adjourn

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1 City Council Meeting September 22, 2020

Regular Session Agenda 6:00 p.m.

1. Call to Order

2. Invocation

Pastor Jesse Pawley, Ridgecrest Baptist Church

3. Pledge of Allegiance

4. Presentations

Gold Star Mother’s and Families Day (John Turner, Councilmember Place 3)

5. Citizens to be Heard - Citizens to be Heard are invited to address the Council on topics not already scheduled for a Public Hearing or listed on the agenda. Present your completed “Citizen’s Comment Card” to the City Secretary prior to the meeting. Speakers are limited to 3 minutes and should conduct themselves in a civil manner. The City Council cannot act on items not listed on the agenda in accordance with the Texas Open Meetings Act. Concerns will be addressed by City Staff; they may be placed on a future agenda or addressed by some other course of response. At the microphone, please first state your name and address.

6. Public Hearings

Public Testimony - Public Testimony occurs when citizens are invited to address the Council on topics already on the agenda. Speakers will be invited to speak at the time of Council discussion for the item. Present your completed “Citizen’s Comment Card” to the City Secretary prior to the meeting. Speakers are limited to 2 minutes for each agenda item. 7. Ordinances

A. Consideration and action on an ordinance repealing Ordinance 20-062 for Article 4.4 Park Land Dedication and Park Development of Chapter 26 Subdivisions of the Revised Code of Ordinances in its entirety and enacting a new Section 4.4 Park Land Dedication and Park Development of Chapter 26 Subdivisions (Brett Quarles, Director of Parks and Recreation)

8. Resolutions

A. Consideration and action on a resolution directing the City Manager to continue to take appropriate measures to contain and prevent the spread of COVID-19 for the health, safety, and welfare of the community and its citizens (Summer Spurlock, City Manager)

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2 City Council Meeting September 22, 2020

9. Consent Calendar

A. City Council Meeting Minutes – September 8, 2020

B. Resolutions approving bids received on tax resale properties from Estex Homes Inc., for lots located at 2214 Church, 2108 Marshall, 3700 King, and 1709 Wesley (Summer Spurlock, City Manager)

C. Ordinance approving the renewal of an annual contract with Core and Main for Water and Sewer supplies for use by the Water Distribution and Wastewater Collection Divisions (Press Tompkins, Public Works Director)

D. Ordinance authorizing the City Manager to enter into the Texas Department of Transportation Airport Project Participation Agreement (Summer Spurlock, City Manager)

E. Ordinance authorizing an agreement with Texas Department of Transportation Aviation Division for routine maintenance and repairs at Greenville Municipal Airport “Majors Field” (Summer Spurlock, City Manager)

F. Ordinance entering into an agreement with D.R. Horton-Texas, Ltd., and to the extent required, GEUS, for an Encroachment License Agreement (Daniel W. Ray, City Attorney)

10. City Staff/City Council Reports

First Responders Appreciation Luncheon/Angels Care Home Health (Mayor David Dreiling)

Notice of Informational Meeting (Summer Spurlock, City Manager)

August Financials (Talia Willner, Administrative Services/Finance Director)

11. City Council Discussion/Proposed Agenda Items (Council members may discuss items on the agenda or suggest items for future agendas. Proposed agenda items may only be discussed by Councilmembers if the Councilmembers do so for proposing that those items be placed on a future agenda. Items not appearing on the agenda may not be deliberated and no votes may be taken during this portion of the agenda. In response to comments from the public, Council may seek a statement of specific factual information or a recitation of existing policy from City Staff pursuant to Section 551.042 of the Texas Open Meetings Act.)

12. Board and Commission Minutes

Keep Greenville Beautiful Final Report

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3 4 Office of the Mayor

Proclamation We, the Mayor and City Council of the City of Greenville, Texas, do hereby recognize: September 27, 2020 as Gold Star Mother’s and Family Day Whereas, the Gold Star is a tradition that began during World War One; service flags were flown by military families with blue stars for every family member serving in uniform and if that loved one died, families stitched a gold star over the blue star; and

Whereas, Gold Star mothers and families know the immeasurable cost of fighting for the ideals we believe in, and they know the pride that comes with exemplary service to America; and

Whereas, the last Sunday in September is designated each year as Gold Star Mother’s and Family Day; and

Whereas, this recognition of the sacrifices made by military families is a memorial for the fallen and a day of remembrance for the survivors; and

Now, Therefore, tonight we honor and appreciate those that are sometimes in danger of being overlooked for their support and service to their county and remember the sacrifices their families have made.

In testimony whereof, witness my hand this the 22nd day of September 2020 Attest:

______David L. Dreiling, Mayor Carole V. Kuykendall, City Secretary

David Dreiling Dr. Jerry Ransom Al Atkins John Turner Holly Gotcher Brent Money Cedric Dean Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Councilmember Councilmember Place 1 Place 2 Place 3 Place 4 Place 5 Place 6 5 City Council Agenda Item Report Date of Meeting September 22, 2020

Agenda Item No. 7-A Contact – Brett Quarles, Parks Director 903-457-2994 [email protected]

SUBJECT: Consideration and action on repealing Ordinance 20-062 for Article 4.4 Park Land Dedication & Park Development of Chapter 26 Subdivisions of the Revised Code of Ordinances in its entirety and enacting a new Section 4.4 Park Land Dedication & Park Development.

1. BACKGROUND/HISTORY

After thoroughly reviewing Chapter 26, Article 4.4 Park Land Dedication & Park Development of the revised code of ordinances, changes are recommended in the form of repealing and replacing the section in its current form. The City of Greenville needs neighborhood, community, regional, greenbelt and central parks due to population increases in the City from residential development which creates a specific demand for parks of various sizes.

2. FINDINGS/CURRENT ACTIVITY

After further research, a few areas of the approved ordinance from September 8, 2020, needed to be amended as follows:

(a) Purpose of Article.

(5) Fee-In-Lieu of Land Policy Fee in Lieu of land fees will be determined at the time of initial plat application. Any Fee-In-Lieu of monies required to be paid by this article shall be in an amount equal to the value of the property as established by the most recent certified market value appraisal of all or part of the property made by the Hunt County Appraisal District. If the Developer/Owner objects to the appraisal, the Developer/Owner at his own expense, may obtain an market value appraisal by a State of Texas certified real estate appraiser, mutually agreed upon by the City and the Developer/Owner.

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6 (d) Fee in Lieu of Land.

(1) Fee. The cash payment in lieu of land dedication shall be determined at the time of initial plat application. Any Fee-In-Lieu of monies required to be paid by this article shall be in an amount equal to the value of the property as established by the most recent certified market value appraisal of all or part of the property made by the Hunt County Appraisal District.

(g) Credit for Option to Construct.

(2) If developer wishes to utilize this credit, it shall submit a proposal an application with a proposal to the director for pre-approval, and developer director will approve or deny the application, or seek additional information, in writing and within a reasonable time. If developer’s application is denied, developer may appeal to the City Manager within 30 days of the director’s written decision, or the director’s decision becomes final. Such appeal must be made in writing, and state the reasons for the appeal. If such an appeal is timely made, the City Manager will approve or deny the application, or seek additional information, in writing and within a reasonable time. If developer’s appeal is denied, developer may appeal to the City Council within 30 days of the City Manager’s written decision, or the City Manager’s decision becomes final. Such appeal must be made in writing, and state the reasons for the appeal. If such an appeal is timely made, the City Council will approve or deny the application, or seek additional information, in writing and within a reasonable time. The City Council’s decision is final, and may not appealed.

Appendix A Fee Schedule

CITY OF GREENVILLE PARKLAND DEDICATION & PARK DEVELOPMENT METHODOLOGY AND FEES Neighborhood parks: Current level Service is 1 acre per 145 people based on a total city population of 29,000 ÷ 200 acres of parks or 6.9 acres per 1,000 residents.

STEP 1: LAND DEDICATION (1 AC provided for every):

LAND Single Family: 145 people ÷ 2.7 PPH = 54 DU’s DEDICATION Multi-Family : 145 people ÷ 2.5 PPH = 58 DU’s

STEP 2: FEE -IN- LIEU OF LAND or (F-I-L)

INFILL LOT Appraised Market Value of plat ÷ dwelling level of service = F-I-L FEE – IN LIEU OF Single Family: appraised market value ÷ 54 DUs = $ / DU LAND Multi-Family: appraised market value ÷ 58 DUs = $ / DU UNDEVELOPED ACREAGE  Appraised Market Value of Land ÷ # of Acres = Market Value per Acre

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7 FEE – IN LIEU OF  Appraised Market Value per Acre ÷ dwelling level of service = F-I-L LAND Single Family: appraised market value / Acre ÷ 54 DUs = $ / DU Multi-Family: appraised market value / Acre ÷ 58 DUs = $ / DU

STEP 3A: NEIGHBORHOOD PARK DEVELOPMENT The cost of development and improvements in an average neighborhood park in Greenville is $320,000.00. One neighborhood park serves 7,250 people, NEIGHBORHOOD based on a total city population of 29,000 being served by 4 parks. Count PARK includes neighborhood parks. It cost $44.14 per person ($320,000 ÷ 7,250) to DEVELOPMENT develop a basic neighborhood park. FEE Single Family: $44.14 x 2.7 PPH = $119.18 per DU Multi Family: $44.14 x 2.5 PPH = $110.35 per DU STEP 3B: COMMUNITY PARK DEVELOPMENT Community Parks: Current level of service are 1 park per 14,500 residents.

One community park serves 14,500 people based on a total city population of COMMUNITY 29,000 ÷ 2 Parks. The cost of improvements in an average community park in PARK Greenville Texas is $2.5 million. It cost $172.41 per person ($2,500,000 ÷ DEVELOPMENT 14,500) to develop an average community park. FEE Single Family: $172.41 x 2.7 PPH = $465.51 Multi Family: $172.41 x 2.5 PPH = $431.03

TOTAL FEE Land OR F-I-L + 3A + 3B = Total Fees / DU

3. FINANCIAL IMPACT/ACCOUNT NO.

Outlined in Ordinance.

4. FY 19-20 COUNCIL GOAL:

1. _____ City Infrastructure 2. __X__ Quality of Life 3. _____ Future Planning and Growth 4. _____ Public Service and Safety 5. _____ Build Infrastructure that Lasts

5. ACTION OPTIONS/RECOMMENDATION

City Staff recommends the City Council consider these revisions to the Code of Ordinances.

Motion ______Second ______Action ______

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8 ORDINANCE NO. 20

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, REPEALING ARTICLE 4.4 PARK LAND DEDICATION AND PARK DEVELOPMENT OF CHAPTER 26 SUBDIVSIONS OF THE REVISED CODE OF ODINANCES IN ITS ENTIRETY AND ENACTING A NEW SECTION 4.4 PARK LAND DEDICATION AND PARK DEVELOPMENT OF CHAPTER 26 SUBDIVISIONS; MAKING VARIOUS FINDING AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A PENALTY; AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM ON AND AFTER OCTOBER 1, 2020.

WHEREAS, City Staff in the Parks and Recreation Department has thoroughly evaluated and examined sections specific to duties and responsibilities of the entire Parks and Recreation Department and has determined changes are necessary to reflect the best practices of the City of Greenville; and

WHEREAS, the City Council believes it to be in the best interest of the citizens of Greenville to amend sections of the Revised Code of Ordinances.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, THAT:

SECTION 1. The City Council hereby repeals Article 4.4 Park Land Dedication and Park Development of Chapter 26 Subdivisions of the Revised Code of Ordinances in its entirety and hereby authorizes the enactment of a new Section Article 4.4 Park Land Dedication and Park Development of Chapter 26 Subdivisions.

Section 4.4: Park Land Dedication & Park Development

(a) Purpose of Article. (1) The City of Greenville needs neighborhood, community, regional, greenbelt and central parks due to population increases in the City from residential development which creates a specific demand for parks of various sizes. This section is enacted in accordance with the Home Rule powers of the City of Greenville, granted under the Texas Constitution and statutes of the State of Texas, including, without limitation, Texas Local Government Code, Section 51.071 et seq. and Section 212.001 et seq.

(2) Requirements. This will apply to all residential development located within the city and shall be required to provide for the parkland needs of future residents through the fee simple dedication of suitable land for park and recreation purposes.

A. The requirements contained in this section are intended for the purpose of assuring open space and community park facilities are available and adequate to meet the needs created by such development while maintaining

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B. Park Districts will be created to outline the area in which fees are to be applied in relationship to the area of development or construction as seen in Table 2.

(3) Methodology & Fee Policy. The Parkland Dedication and Park Development Methodology fee chart will be visited and updated annually during the budget adoption process. The formulas and current fees can be seen in Table 1.

(4) Park Land Dedication Policy. It is the policy of the City of Greenville that a Park Land Dedication is hereby imposed on any residential development.

(5) Fee-In-Lieu of Land Policy Fee in Lieu of land fees will be determined at the time of initial plat application. Any Fee-In-Lieu of monies required to be paid by this article shall be in an amount equal to the value of the property as established by the most recent certified market value appraisal of all or part of the property made by the Hunt County Appraisal District. If the Developer/Owner objects to the appraisal, the Developer/Owner at his own expense, may obtain a market value appraisal by a State of Texas certified real estate appraiser, mutually agreed upon by the City and the Developer/Owner.

(6) Park Development Policy. It is the policy of the City of Greenville that a Park Development Fee is hereby imposed on any and all residential development, and all fees collected shall be used for the purpose of acquisition, improvement and development of parks in the district of development.

(7) Consideration of Areas for Public Use. The applicant shall consider suitable sites for parks, playgrounds, and other areas for public use to conform with the recommendations of the City’s Park Master Plan. Any provision for parks and public open space areas shall be indicated on the Preliminary Plat and shall be subject to review by the Director, the City’s Board of Parks and Recreation and any other city staff that needed to make a final determination.

(b) Park Land Dedication.

(1) Park Land Dedication as outlined in this section shall apply to any development. Determination will be based on current parks level of service and will be classified as Single Family or Multifamily. This includes developments that consists of new construction on vacant land or rebuilding of structures on existing residential property.

(2) Necessary Procedure. It is hereby declared by the City Council of the City of Greenville that recreational areas, in the form of neighborhood, community, regional, greenbelt and central parks and related amenities and improvements, are necessary and in the public welfare. The only adequate procedure to provide for

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(1) Dedication of Land Based on Dwelling Units. Prior to a plat being filed with the County Clerk of Hunt County, Texas for a development of a residential area within the City of Greenville and in accordance with City ordinances, such plat shall contain a clear fee simple dedication of acreage of land. As used in this ordinance, a “dwelling unit” means each individual residence, including individual residences in a multifamily structure, designed, and/or intended for inhabitation by a single family.

(2) Neighborhood parks are parks five to ten (5-10) acres and provides basic outdoor recreational opportunities and within convenient distances from the residences to be served thereby, the standards for which are set forth in the Greenville Parks Master Plan. The neighborhood parks shown on the official Greenville Parks Master Plan shall be prima facie evidence that any park located therein is within but not limited to such a convenient distance from most residences to be served thereby. The cost of the neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to affect [effect] such purposes.

A. Impractical Size. The City Council of the City of Greenville declares that development of an area of less than five (5) acres for neighborhood park purposes is impractical. Therefore, if fewer than 270 dwelling units are proposed by a plat filed for approval, the City Council may require the developer to pay the applicable cash in lieu of land amount, as provided in Subsection D below.

B. Desirable Land Dedication would include but not be limited to, park land easily accessible to the public, that enhances the visual character of the City, and minimizes conflict with adjacent land uses. Consideration will be given to land that is in the floodplain if it is suitable for park improvements.

1. The dedicated land desired shall be well drained, relatively level in areas that are proposed for active park uses and shall be suitable for appropriate recreational and leisure activities as defined as a neighborhood park.

2. Areas having environmentally sensitive ecosystems, attractive views, topographical interests, or unique natural features shall be preferred and encouraged for park land dedication.

3. Each park must have ready access to a public street.

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4. Any areas of unusual topography or slope which renders same unusable for organized recreational activities

5. Areas which are relatively featureless, barren of natural trees, and vegetative cover, and which are not physically attractive in some other way, may not be typically acceptable

(3) Proposed Plat Submittal. Proposed plats submitted to the City of Greenville for approval shall show the area proposed to be dedicated under this section. The required land dedication of this Section may be met by a payment in lieu of land where permitted by the City of Greenville or required by other provisions in this ordinance.

A. Any Preliminary Plat approved prior to the effective date of this ordinance shall be exempt from these requirements set forth herein; however, if and when such Preliminary Plat approval expires, any resubmission of such plat shall meet all other provisions in this ordinance.

B. Any proposed plat submitted to the City of Greenville for approval shall show the area proposed to be dedicated under this section. The required land dedication of this Section may be met by a payment in lieu of land where permitted by the City of Greenville or required by other provisions in this ordinance.

(4) Right to Accept, Reject or Require Payment. In instances where land is required to be dedicated, the City of Greenville shall have the right to accept or reject the dedication to require a cash payment in lieu of land in the amount provided herein, if the City of Greenville determines that sufficient park area is already in the public domain for the area of the proposed development, or if the recreation potential for that area would be better served by expanding or improving existing parks in the park district.

(5) Siting of Parks. When two (2) or more developments will be necessary to create a neighborhood or community park of sufficient size in the same area, the Director of Parks and Recreation, at the time of Preliminary Plat approval, will work with the developers to define the optimum location of the required dedication within the respective plats. Once a park site has been determined, adjacent property owners who develop around the park site shall dedicate land and cash to the existing site unless otherwise determined by the City Council.

(6) Minimum Park Improvements. In cases where land dedication is chosen, the following minimum criteria must be adhered to by the developer, at the developer expense, prior to acceptance of the improvements by the city:

A. Grading and clearing of unwanted vegetation, to be determined by the city.

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B. Installation of subgrade drainage. No open drainage channels will be permitted on land being dedicated for park purposes.

C. Provision of water and sewer service to the site; and

D. Provision of adequate accessibility from the adjacent public street in compliance with the Americans with Disabilities Act (ADA) and as approved by the city park and recreation staff.

(7) Drainage Areas may be accepted as part of a park if the channel is to remain, in its natural state or constructed in accordance with City engineering standards, and if:

A. No significant area of the park is cut off from access by such channel,

B. The dedication is more than ten (10) acres, not more than fifty percent (50%) of the site should be included in the 100-year floodplain.

(8) Detention basins which are required as part of the stormwater management standards shall not qualify as parkland unless 75% or more of the active and usable area is designed for recreational use and the area(s) conforms to the requirements below.

A. Detention areas shall not be inundated to be unusable for their designated recreational purposes. Detention areas must be designed to drain within 24 hours.

B. Detention areas shall be constructed of natural materials. Terracing, berming and contouring is required to naturalize and enhance the aesthetics of the basin. Basin slopes shall not exceed a three to one (3:1) slope.

C. Detention areas may count a maximum of 50% of the park dedication requirement.

(d) Fee in Lieu of Land.

(1) Requirement. All residential development is responsible for land dedication under this ordinance shall be required to meet the dedication requirements in whole or in part by a cash payment in lieu of land, in the amount set forth below. Such payment in lieu of land shall be made prior to the issuance of a building permit. Where no building permit is required, the fee shall be paid prior to final plat approval.

(2) Fee. The cash payment in lieu of land dedication shall be determined at the time of initial plat application. Any Fee-In-Lieu of monies required to be paid by this article shall be in an amount equal to the value of the property as established by the most recent certified market value appraisal of all or part of the property made by the Hunt County Appraisal District.

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(3) City Purchase of Land. The City of Greenville may from time to time decide to purchase land for parks in or near the area of actual or potential development. If the City does purchase park land in a park service area, subsequent park land dedications for that park district and shall be in cash only, the calculation of which is set forth above. (Such cash payment is in addition to the payment of the required park development fee.)

(e) Use of Park Land Fee In Lieu of. Cash in Lieu of Land money received will be applied to the development of neighborhood, community, regional, greenbelt and central parks for that area.

(1) Acquisition and Development. Fees collected shall be used for the purpose of acquisition and development of community parks and existing park facilities intended for use and access by the entire City.

(2) Site Preparation. Fees collected may be used for site preparation, the extension of utilities to or within sites, the installation of landscaping, play equipment, or recreation improvements and attendant engineering and planning costs associated with such park development.

(3) All Expenditures of fees collected shall be made in accordance with the Parks Master Plan and those expenditures over $50,000.00 shall be approved by the City Council to best benefit the citizens of Greenville.

(f) Option to Construct. At the discretion of the City, In lieu of payment of the required park development fee for developments a developer shall have the option to request approval to construct the park amenities and improvements.

(1) All plans and specifications for the construction of such amenities and improvements must adhere to all city construction and design standards, be reviewed, and be approved by the parks and recreation director, city engineer, or applicable designees.

(2) The developer shall financially guarantee the construction of the amenities and improvements, and the City of Greenville must approve same, prior to the filing of a plat in the case of platted subdivisions.

(3) Once the amenities and improvements are constructed, and after the conveyed entity has accepted such amenities and improvements, the developer shall dedicate by plat such amenities and improvements to the appropriate entity.

(4) The City of Greenville may allow the open space and park and recreational areas to be restricted to the use and enjoyment of residents of a development or subdivision. Such areas shall be maintained by and deeded to a homeowners’ association, or a trustee. The homeowners are liable for the payment of maintenance

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(g) Credit for Option to Construct.

If a developer has requested and received permission to exercise the option to construct a private or public park the city shall offer a proportional credit.

(1) A developer shall reserve a proportional credit, as determined by the director, for the development or improvement of a private park or recreational facility based on the lower of: (a) out-of-pocket dollar costs that the developer incurs for the development or improvement; or (b) the actual value of the development or improvement itself, as determined by the director, which shall be based on documentation provided by the developer and any other publicly-available documents, and be derived through commercially-reasonable standards. The value of the private amenities will be deducted from the cost of the public parkland dedication that the developer would otherwise be required to pay.

(2) If developer wishes to utilize this credit, it shall submit an application with a proposal to the director for pre-approval, and director will approve or deny the application, or seek additional information, in writing and within a reasonable time. If developer’s application is denied, developer may appeal to the City Manager within 30 days of the director’s written decision, or the director’s decision becomes final. Such appeal must be made in writing, and state the reasons for the appeal. If such an appeal is timely made, the City Manager will approve or deny the application, or seek additional information, in writing and within a reasonable time. If developer’s appeal is denied, developer may appeal to the City Council within 30 days of the City Manager’s written decision, or the City Manager’s decision becomes final. Such appeal must be made in writing, and state the reasons for the appeal. If such an appeal is timely made, the City Council will approve or deny the application, or seek additional information, in writing and within a reasonable time. The City Council’s decision is final, and may not appealed.

(h) Park Development Fee.

(1) For all Development: regardless of number of dwelling units within the City of Greenville, there shall be a park development fee on a per dwelling unit basis as a condition of plat approval. This fee consists of the park development fee and shall be used for the purpose of development and construction of neighborhood, community, regional, greenbelt and central parks within the area of development and is not to be used for maintenance purposes. This does not apply to activities involving the remodeling, rehabilitation, or other improvements to an existing residential structure, or to the rebuilding of a damaged structure.

(2) Two fee Component: The Park Development Fee shall be applied to the following parks in the appropriate district:

A. Neighborhood Parks

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(3) Fee’s shall be set annually by ordinance of the City Council and shall be sufficient to provide for the development of amenities and improvements on the dedicated land to meet the standards for a neighborhood, community, regional, greenbelt and central parks to serve the area in which the subdivision is located. Unless and until changed by an ordinance amendment of the City Council of the City of Greenville.

(4) City Match – To the extent allowed by law the city would agree to match all park development fees to be capped at one (1) penny on the tax rate.

(i) Special Fund Established; Right to Refund

(1) Park Development Fund. There is hereby established as a special fund for the deposit of all funds collected by this dedication process. Funds will be deposited in the City of Greenville’s Park Development Fund. The City will ensure that they are applied to the appropriate accounts and deposited in the park district of the proposed development.

(2) Park Development Fee Expenditure. Park Development Fees collected in the first year will not be allocated until the third (3rd) fiscal year thereafter. First fiscal year will be collection, second fiscal year will be planning and design, third fiscal year will be allocation and development.

(3) Fee Reference to Plats. The City of Greenville shall account for all sums paid into the Park Development Fund with reference to the individual plats involved.

(4) Expended Within 10 Years or Refunded. Any monies paid into the said Fund must be expended by the City of Greenville within ten (10) years from the date received by the City. Such funds shall be spent on a first in, first out basis in the park service area designated for that development. If not so expended within the ten (10) year period, the owners of the property will, on the last day of such period, be eligible for a refund based on unbuilt dwelling units and may not exceed the unspent amount. Exceptions include:

A. The current owners of the property within the subdivision who failed to request such a refund within one (1) year of entitlement, in writing, or such right is waived. B. The monies deposited were fully expensed. C. A developer completes 50% or more of the development.

(j) Ownership

Required parkland and any other common open space or area must be owned and maintained by one of the following entities:

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(1) City of Greenville. Publicly dedicated parkland shall be owned and maintained by the City of Greenville.

(2) Land Conservancy or Land Trust. A land conservancy or land trust with legal authority as determined by the City Attorney may own the open space. The responsibility for maintaining the open space and any facilities may be borne by a land conservancy or land trust.

(3) Homeowners’ Association. A homeowners’ association representing residents of the development may own the open space. The homeowners’ association must have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities is borne by the homeowners’ association.

(4) Public Easement. Privately held open space shall be made permanently open to the public through an easement dedicated to the public and approved by the City Attorney.

(k) Conveyance

The conveyance of parkland or other common open space shall be in accordance with the following:

(1) Conveyance. Parkland or open space shall be conveyed to the City, land conservancy or homeowners’ association in fee simple without any encumbrances except drainage, greenway, and utility easements. Title to the real property shall be conveyed upon the recordation of the plat.

(2) Designation. Parkland or open space shall be designated on the final plat and included in a separate lot, or multiple lots and include the following:

A. A statement on the plat indicating the conveyance or dedication of parkland or open space; and

B. The acreage of the land included in the dedication.

(l) Dissolution If the homeowner’s association is dissolved, the open space may be offered to another entity who shall be responsible for the maintenance and upkeep of the open space. If no other offer is accepted, the open space shall be offered to the City and if accepted, deeded to the City.

SECTION 3. Appendix A of the Fee Schedule shall be as follows:

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Appendix A Fee Schedule

STEP 1: LAND DEDICATION (1 AC provided for every):

LAND Single Family: 145 people ÷ 2.7 PPH = 54 DU’s DEDICATION Multi-Family : 145 people ÷ 2.5 PPH = 58 DU’s

STEP 2: FEE -IN- LIEU OF LAND or (F-I-L)

UNDEVELOPED 1. Appraised Market Value of Land ÷ # of Acres = Market Value per Acre ACREAGE 2. Appraised Market Value per Acre ÷ dwelling level of service = F-I-L FEE – IN LIEU OF Single Family: appraised market value / Acre ÷ 54 DUs = $ / DU LAND Multi-Family: appraised market value / Acre ÷ 58 DUs = $ / DU

TOTAL FEE Land OR F-I-L + 3A + 3B = Total Fees / DU

______Article 4.4 Subdivisions Revision for Code of Ordinances Page 10 of 11 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\7-A18 Section 4.4 Park Activities Land Dedicaiton.docx SECTION 4. If any section, provision, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Greenville, Texas hereby declares it would have enacted such remaining portions, despite such invalidity.

SECTION 5. This Ordinance shall take effect and be in full force on and after October 1, 2020.

PASSED AND APPROVED, this the 22nd day of September 2020.

______David L. Dreiling, Mayor

ATTEST:

______Carole V. Kuykendall, City Secretary

APPROVED AS TO FORM:

______Daniel W. Ray, City Attorney

______Article 4.4 Subdivisions Revision for Code of Ordinances Page 11 of 11 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\7-A19 Section 4.4 Park Activities Land Dedicaiton.docx City Council Agenda Item Report Date of Meeting September 22, 2020

Agenda Item No. 8-A Contact – Summer Spurlock, City Manager 903-457-3116 [email protected]

SUBJECT: Consideration and action on a resolution directing the City Manager to continue to take appropriate measures to contain and prevent the spread of COVID-19 for the health, safety, and welfare of the community and its citizens.

1. BACKGROUND/HISTORY

The World Health Organization identified COVID-19 as a global pandemic on March 11, 2020. On March 13, 2020 the Governor of Texas issued a proclamation certifying that COVID-19 poses an imminent threat of disaster in the state and declared a state of disaster for all counties in Texas. The continued worldwide spread of COVID-19 presents an imminent threat of widespread illness, which requires emergency action for the protection of all persons. The implementation of mitigation strategies can slow the transmission of the disease.

2. FINDINGS/CURRENT ACTIVITY

The City Council held an Emergency City Council Meeting on Saturday, March 14, 2020 and declared a local state of disaster for the City of Greenville pursuant to Section 418.108(a) of the Texas Government Code. The City Council authorized the City Manager to implement and impart all guidelines, precautions, and actions necessary to protect the health, safety, and welfare of the community and its citizens to be effective through March 31, 2020. The City Council extended such measures on March 24, 2020 effective until April 14, 2020.

On April 14, 2020, the City Council further extended the declaration of a state of disaster by Resolution 20-30 which stated “it [the local state of disaster] shall continue in effect until such time as the COVID-19 Disaster Declaration issued by Texas Governor Greg Abbott on March 31, 2020, expires or is withdrawn, unless sooner terminated by executive order of the Mayor or by the City Council”.

Page 1 of 4 20 The City Council further discussed and considered this at the Regular City Council meeting on May 12, 2020; however, there was some confusion on the actual motion of Resolution 20-41 adopted by the City Council and was reconsidered on May 16, 2020 at an Emergency City Council Meeting. Resolution 20-43 was adopted which was effective through June 9, 2020.

The City Council met again on June 9, 2020 and adopted Resolution 20-46 extending measures through July 14, 2020. Finally, the City Council met July 14, 2020, and extended measures through August 25, 2020. Resolution 20-65 approved on August 25, 2020 extended the measures until September 25, 2020.

Recommendations to continue are below:

GUIDELINES FOR CITY FACILITIES

Goal: To minimize the impact of the COVID-19 virus to the citizens of Greenville while continuing to deliver quality customer service.

Considerations:

1. Public Safety 2. Governor’s and Hunt County Orders 3. CDC Guidelines 4. Customer Service 5. Fiscal Impact

*All individuals over the age of 10 must wear a face covering (over the nose and mouth) when entering and remaining in a City building.

*All individuals and City staff should minimize in-person contact which includes maintaining 6 feet of separation from individuals.

September and October

 City offices open, public only allowed in designated areas  Public and staff meetings held in person  Library open at 50% capacity  City programming virtual and in person-limited by social distancing guidelines (parks and recreation, library, etc.)  Golf course, open space parks and trails remain open  Reecy Davis Recreation Center open at 50% capacity  Municipal Auditorium open at 50% capacity  Civic Center open at 50% capacity  Airport terminal open at 25% capacity

Page 2 of 4 21 PARKS & RECREATION OPERATIONAL GUIDELINES FOR COVID-19

1. GREENVILLE PARK AMENITIES:

 OPEN (ASSUMED RISK & FOLLOWING SOCIAL DISTANCING)

FACILITIES RESTRICTIONS STATUS 1.Playgrounds OPEN 2. Pavilions OPEN 3.Restrooms OPEN 4. Water Fountains OPEN 5.Horseshoe Pits OPEN 6. Tennis Courts OPEN 7. Disc Golf Course OPEN 8.Basketball Courts OPEN 9. Sand Volleyball Courts OPEN 10.Athletic Fields OPEN 11.Dog Park OPEN 12. Reecy Recreation Center groups of 10 or less OPEN

2. WRIGHT PARK GOLF COURSE: OPEN

Staff will clean all carts following each use. 1. Hours 8:00am – 8:00pm 2. Accept all forms of payment 3. Carts allowed / rented – 2 person per cart 4. No more than 4 players per hole 5. No drinking fountains 6. Retail Sales allowed (concessions / golf balls etc.) 7. No rakes, ball washers, coolers or trash cans 8. No flag removal 9. No sharing clubs 10. No post round handshakes 11. Pro-Shop will remain closed to visitors

3. TRAILS / GREENSPACE / PONDS / CITY LAKES: OPEN

1. Follow CDC guidance on personal hygiene prior to visiting parks or trails. 2. Do not use parks or trails if you are exhibiting symptoms 3. 6’ social distancing from other persons at all times 4. Share trail and warn other users of your presence as you pass

3. FINANCIAL IMPACT/ACCOUNT NO.

N/A

4. FY 19-20 COUNCIL GOAL:

1. _____ City Infrastructure 2. _____ Quality of Life 3. _____ Future Planning and Growth 4. __X__ Public Service and Safety 5. _____ Build Infrastructure that Lasts

Page 3 of 4 22 5. ACTION OPTIONS/RECOMMENDATION

Discuss, consider, and continue emergency response measures to be taken by the City in response to COVID-19 while following Governor Abbott’s Minimum Standard Health Protocols updated July 3, 2020.

Motion ______Second ______Action ______

Page 4 of 4 23 RESOLUTION NO. 20-_____

A RESOLUTION OF THE CITY OF GREENVILLE, TEXAS, DIRECTING THE CITY MANAGER TO CONTINUE TO TAKE APPROPRIATE MEASURES TO CONTAIN AND PREVENT THE SPREAD OF COVID-19 FOR THE HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY AND ITS CITIZENS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, beginning December 2019, a novel coronavirus, now designated SARS- CoV2 which causes the disease COVID-19, was declared a global pandemic by the World Health Organization; and

WHEREAS, on March 13, 2020, the Governor of the State of Texas issued a proclamation certifying that COVID-19 poses an imminent threat of disaster in the state and declared a state of disaster for all counties in Texas and in each subsequent month has issued proclamations renewing the disaster declaration for all Texas counties;

WHEREAS, the City Council of the City of Greenville declared a local state of emergency until March 31, 2020 at an Emergency City Council Meeting on March 14, 2020 by Resolution 20-26; and

WHEREAS, the City Council has extended such measures by:

 Resolution 20-27 on March 24, 2020  Resolution 20-30 on April 14, 2020  Resolution 20-41 on May 12, 2020  Resolution 20-43 on May 16, 2020  Resolution 20-46 on June 9, 2020  Resolution 20-48 on July 14, 2020  Resolution 20-65 on August 25, 2020; and

WHEREAS, the City Council finds it in the best interest of the citizens of Greenville to continue appropriate measures to contain and prevent the spread of COVID-19 for the health, safety, and welfare of the community and its citizens.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREENVILLE , TEXAS, THAT:

SECTION 1. The declaration of disaster proclaimed for the City of Greenville, Texas, by the Mayor and City Council on March 14, 2020, is hereby extended until October 27, 2020, or until it expires or is withdrawn by Governor Gregg Abbott, or unless sooner terminated by executive order of the Mayor or by the City Council.

______Resolution Local State of Emergency Page 1 of 3 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\8-A COVID-19 Resolution Continue.docx 24

SECTION 2. Pursuant to Section 418.108(c) of the Texas Government Code this declaration of a local state of disaster for public health emergency shall be given prompt and general publicity and shall be filed promptly with the City Secretary.

SECTION 3. The City Council directs City Staff to continue to follow appropriate measures while considering Public Safety, Governor’s and Hunt County Orders, CDC Guidelines, Customer Services, and Fiscal Impact as follows:

GUIDELINES FOR CITY FACILITIES

Goal: To minimize the impact of the COVID-19 virus to the citizens of Greenville while continuing to deliver quality customer service.

*All individuals over the age of 10 must wear a face covering (over the nose and mouth) when entering and remaining in a City building unless maintaining social distancing.

*All individuals and City Staff should minimize in-person contact which includes maintaining 6 feet of separation from individuals.

September and October

 City offices open, public only allowed in designated areas  Public and staff meetings held in person  Library open at 50% capacity  City programming virtual and in person - limited by social distancing guidelines (parks and recreation, library, etc.)  Golf course, open space parks and trails remain open  Reecy Davis Recreation Center open at 50% capacity  Municipal Auditorium open at 50% capacity  Civic Center open at 50% capacity  Airport terminal open at 25% capacity

1. GREENVILLE PARK AMENITIES:

OPEN (ASSUMED RISK & FOLLOWING SOCIAL DISTANCING)

FACILITIES RESTRICTIONS STATUS 1. Playgrounds OPEN 2. Pavilions OPEN 3. Restrooms OPEN 4. Water Fountains OPEN 5. Horseshoe Pits OPEN 6. Tennis Courts OPEN 7. Disc Golf Course OPEN 8. Basketball Courts OPEN 9. Sand Volleyball Court OPEN

______Resolution Local State of Emergency Page 2 of 3 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\8-A COVID-19 Resolution Continue.docx 25

10. Athletic Fields OPEN 11. Dog Park OPEN 12. Reecy Recreation Center groups of 10 or less OPEN

2. WRIGHT PARK GOLF COURSE: OPEN Staff will clean all carts following each use

1. Hours 8:00 am – 8:00 pm 2. Accept all forms of payment 3. Carts allowed / rented – two (2) person per cart 4. No more than four (4) players per hole 5. No drinking fountains 6. Retail Sales allowed (concessions / golf balls etc.) 7. No rakes, ball washers, coolers or trash cans 8. No flag removal 9. No sharing clubs 10. No post round handshakes 11. Pro-Shop will remain closed to visitors

3. TRAILS / GREENSPACE / PONDS / CITY LAKES: OPEN

SECTION 4. This resolution shall take effect immediately from and after September 22nd, 2020.

PASSED AND APPROVED this the 22nd day of September 2020.

______David L. Dreiling, Mayor

ATTEST:

______Carole V. Kuykendall, City Secretary

APPROVED AS TO FORM:

______Daniel W. Ray, City Attorney ______Resolution Local State of Emergency Page 3 of 3 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\8-A COVID-19 Resolution Continue.docx 26 City Council Meeting September 8, 2020

Fletcher Warren Civic Center 5501 Business Highway 69 South

City Council David L. Dreiling, Mayor

Place 1 Jerry Ransom, Mayor Pro Tem Place 2 Al Atkins Place 3 John Turner Place 4 Holly Gotcher Place 5 Brent Money Place 6 Cedric Dean

Work Session Minutes

1. Call to Order

Mayor Dreiling called the Work Session to order at 4:30 p.m. and noted for the record that Mayor Pro Tem Ransom and Councilmembers Atkins, Turner, Money, and Dean were present. Also present were City Manager Summer Spurlock, City Attorney Daniel Ray, and City Secretary Carole Kuykendall. Councilmember Gotcher was absent.

2. Items to be Discussed

A. 2020/2021 Proposed Budget Discussion (Summer Spurlock, City Manager)

Summary of Options and Cost of Options to Homeowner were presented.

B. Update on Amendments to the Code of Ordinances for Parks and Recreation (Brett Quarles, Parks and Recreation Director)

Director Quarles presented information on recommended changes to the Code of Ordinances.

3. Items on the Regular Agenda of September 8, 2020

4. EXECUTIVE SESSION AS NEEDED FOR AGENDA ITEMS OR EXECUTIVE SESSION ITEMS AS LISTED ON THE REGULAR AGENDA - SECTIONS 551.071, 551.087, 551.072, 551.074,551.089, OR 551.073

The City Council convened into Executive Session at 5:28 p.m.

5. Adjourn

The City Council reconvened into Open Session at 5:58 p.m. and being no further discussion, adjourned at 5:58 p.m.

Regular Session Minutes

1. Call to Order

Mayor Dreiling called the Regular Session to order at 6:02 p.m. and noted for the record that Mayor Pro Tem Ransom and Councilmembers Atkins, Turner, Money, and Dean were present. Also present were City Manager Summer Spurlock, City Attorney Daniel Ray, and City Secretary Carole Kuykendall. Councilmember Gotcher was absent. 6028

City Council Meeting September 8, 2020

2. Invocation

Steve Methven, Director of Community Development, gave the invocation.

3. Pledge of Allegiance

Mayor Dreiling led the Pledge of Allegiance.

4. Presentations

September 11 Proclamation (David Dreiling, Mayor)

National POW/MIA Recognition Day Proclamation (John Turner, Councilmember Place 3) (read after Agenda Item 7-A)

5. Citizens to be Heard

James Evans, Sarah Randall, Kenneth Freeman.

6. Public Hearings

A. Public Hearing on Proposed 2020/2021 Budget (Talia Willner, Administrative Services/Finance Director)

Mayor Dreiling opened the Public Hearing. Victor Gore spoke. Mayor Dreiling closed the Public Hearing

B. Public Hearing on Proposed Tax Rate (Talia Willner, Administrative Services/Finance Director)

Mayor Dreiling opened the Public Hearing. No one spoke. Mayor Dreiling closed the Public Hearing.

7. Ordinances

A. Consideration and action on an ordinance repealing Article 16.02 and Article A16.02 Cemeteries of Chapter 16 Public Places of the Revised Code of Ordinances in their entirety and enacting a new Section 16.02 and A16.02 Cemeteries (Brett Quarles, Parks and Recreation Director)

Public Testimony: Emily Thompson and Betty Franklin.

Mayor Pro Tem Ransom moved with the request to revisit the fee structure and ordinance in three to five years, Councilmember Atkins seconded for the enactment of Ordinance 20-060: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, REPEALING ARTICLE 16.02 AND ARTICLE A16.02 CEMETERIES OF CHAPTER 16 PUBLIC PLACES OF THE REVISED CODE OF ORDINANCES IN THEIR ENTIRETY AND ENACTING A NEW SECTION 16.02 AND A16.02 CEMETERIES; MAKING VARIOUS FINDING AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A PENALTY;

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City Council Meeting September 8, 2020

AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM ON AND AFTER OCTOBER 1, 2020. Motion carried by unanimous vote of the City Council present.

National POW/MIA Recognition Day Proclamation read at this time.

B. Consideration and action on an ordinance repealing article 16.04 and Article A16.04 Parks, Playgrounds, and Recreation of Chapter 16 Public Places of the Revised Code of Ordinances in their entirety and enacting a new Article 16.04 and Article A16.04 Parks Activities and Recreational Spaces (Brett Quarles, Parks and Recreation Director)

Councilmember Dean moved for the enactment of this ordinance, Councilmember Turner seconded; Mayor Pro Tem Ransom requested the motion be amended to include a review of the ordinance every five years including any fees of Ordinance 20-061: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, REPEALING ARTICLE 16.04 AND ARTICLE A16.04 PARKS, PLAYGROUNDS, AND RECREATION OF CHAPTER 16 PUBLIC PLACES OF THE REVISED CODE OF ORDINANCES IN THEIR ENTIRETY AND ENACTING A NEW ARTICLE 16.04 AND ARTICLE A16.04 PARK ACTIVITIES AND RECREATIONAL SPACES; MAKING VARIOUS FINDING AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A PENALTY; AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER OCTOBER 1, 2020. Motion carried by unanimous vote of the City Council present.

C. Consideration and action on an ordinance authorizing repealing Article 4.4 Park Land Dedication and Park Development of Chapter 26 Subdivisions of the Revised Code of Ordinances in its entirety and enacting a new Section 4.4 Park Land Dedication and Park Development (Brett Quarles, Parks and Recreation Director)

Public Testimony: Betty Franklin.

Councilmember Money moved requesting that a section be added to the ordinance that when people choose the construct it yourself option, there is a pre-approval process rather than after the fact approval process, Mayor Pro Tem Ransom seconded requesting the motion be amended to include a review once a year specifying how this is working in each district from a revenue standpoint; a two to five-year review on the financial impact; and a review of the formulas every five years for the enactment of Ordinance 60- 062: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, REPEALING ARTICLE 4.4 PARK LAND DEDICATION AND PARK DEVELOPMENT OF CHAPTER 26 SUBDIVSIONS OF THE REVISED CODE OF ODINANCES IN ITS ENTIRETY AND ENACTING A NEW SECTION 4.4 PARK LAND DEDICATION AND PARK DEVELOPMENT OF CHAPTER 26 SUBDIVISIONS; MAKING VARIOUS FINDING AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A PENALTY; AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM ON AND AFTER OCTOBER 1, 2020. Motion carried by unanimous vote of the City Council present.

D. Consideration and action on an ordinance amending sections of Article 16.03 Library and A16.03 Library Fee Schedule of Chapter 16 Public Places of the Revised Code of Ordinances (Olivia Moreno, Library Director)

Councilmember Turner moved, Councilmember Dean seconded for the enactment of Ordinance 60-063: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS AMENDING ARTICLE 16.03 AND ARTICLE A16.03 LIBRARY OF CHAPTER 16 PUBLIC PLACES OF THE REVISED CODE OF ORDINANCES; MAKING VARIOUS FINDING AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A PENALTY; AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM ON AND AFTER OCTOBER 1, 2020. Motion carried by unanimous vote of the City Council present.

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City Council Meeting September 8, 2020

E. Consideration and action on an ordinance amending Article 16.05 Municipal Auditorium and Article A16.05 Appendix A Municipal Auditorium of Chapter 16 Public Places of the Revised Code of Ordinances (Kevin Banks, GMA/Tourism Manager)

Councilmember Dean moved, Mayor Pro Tem Ransom seconded requesting the motion be amended to include the City Council review these rates every three years for the enactment of Ordinance 60-064: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, AMENDING CHAPTER 16 PUBLIC PLACES, ARTICLE 16.05 MUNICIPAL AUDITORIUM; MAKING VARIOUS FINDING AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A PENALTY; AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM ON AND AFTER OCTOBER 1, 2020. Motion carried by unanimous vote of the City Council present.

F. Consideration and action on an ordinance authorizing revisions to Article 20.04 Meters and A20.04 Meters, Article A20.06 Water, A20.07 Sewers, and Article A20.09 Industrial Waste of the Revised Code of Ordinances (Press Tompkins, Public Works Director)

Councilmember Turner moved, Councilmember Atkins seconded with the amendment to review every three years for the enactment of Ordinance 20-065: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, AMENDING ARTICLE 20.04 METERS AND A20.04 METERS, ARTICLE A20.06 WATER, A20.07 SEWERS, AND ARTICLE A20.09 INDUSTRIAL WASTE OF THE REVISED CODE OF ORDINANCES; AND PROVIDING THAT THIS SHALL BE EFFECTED ON AN AFTER OCTOBER 1, 2020. Motion carried by unanimous vote of the City Council present.

G. Consideration and action on an ordinance amending sections of Article 16.04.063 and A16.04.063 Appendix A of Civic Center Building and Facilities of Chapter 16 Public Places of the Revised Code of Ordinances (Talia Willner, Administrative Services/Finance Director)

Councilmember Dean moved, Mayor Pro Tem Ransom requested the motion be amended to review the fees every three years for the enactment of Ordinance 20-066: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, AMENDING SEC. 16.04.063 CIVIC CENTER OF CHAPTER 16 PUBLIC PLACES; MAKING VARIOUS FINDING AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A PENALTY; AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM ON AND AFTER OCTOBER 1, 2020. Motion carried by unanimous vote of the City Council present.

H. Consideration and action on an ordinance adopting a budget for the ensuing fiscal year beginning October 1, 2020, and ending September 30, 2021, in accordance with the Charter of the City of Greenville; appropriating the various amounts thereof; repealing all ordinances or parts of ordinances in conflict therewith; providing for public hearings; providing for publication of this ordinance; and providing for an effective date hereof (Talia Willner, Administrative Services/Finance Director)

Public Testimony: Kristen Washington, James Evans, Victor Gore, John Kelso.

Mayor Pro Tem Ransom moved, Councilmember Money seconded for the enactment of Ordinance 20-067: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2020, AND ENDING SEPTEMBER 30, 2021, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF GREENVILLE; APPROPRIATING THE VARIOUS AMOUNTS THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR PUBLIC HEARINGS; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Motion carried by unanimous vote of the City Council present.

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City Council Meeting September 8, 2020

I. Consideration and action authorizing the ratification of the Fiscal Year 2020-2021 Budget that does raise more Property Taxes than the Fiscal Year 2019-2020 Budget (Talia Willner, Administrative Services/Finance Director) Mayor Pro Tem Ransom moved, Councilmember Money seconded for the ratification of the Fiscal Year 2020-2021 Budget. Motion carried by unanimous vote of the City Council present.

J. Consideration and action authorizing the enactment of an ordinance adopting a 2020 Tax Rate for Fiscal Year 2020-2021 that will exceed the lower of the voter-approval tax rate or the no- new-revenue tax rate and record the vote (Talia Willner, Administrative Services/Finance Director)

Mayor Dreiling stated “I move that the property tax rate be increased by the adoption of a tax rate of $0.615000 which is effectively a 5.81% increase in the tax rate, Councilmember Money seconded for the enactment of Ordinance 20-068: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, ADOPTING A 2020 TAX RATE FOR FISCAL YEAR 2020-2021 THAT WILL EXCEED THE LOWER OF THE VOTER-APPROVAL TAX RATE OR THE NO-NEW-REVENUE TAX RATE AND RECORD THE VOTE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion carried by unanimous vote of the City Council present.

8. Resolutions

9. Consent Calendar

A. City Council Meeting Minutes – August 25, 2020

Councilmember Turner moved, Councilmember Dean moved for the adoption of the Consent Calendar. Motion carried by unanimous vote of the City Council present.

10. City Staff/City Council Reports

COVID-19 (as needed)

Transportation Sub-Committee (Mayor Dreiling)

Mayor Dreiling announced Mayor Pro Tem Ransom (Chairman), and Councilmembers Atkins and Dean as members of this Council Sub-Committee.

11. City Council Discussion/Proposed Agenda Items

12. Board and Commission Minutes

Planning and Zoning Minutes from June 15, 2020 and July 20, 2020

13. Executive Session

Section 551.071 (1) & (2) Consultation with City Attorney on any regular session agenda item requiring confidential, attorney/client advice necessitated by the deliberation or discussion of said items as needed; consultation with City Attorney regarding pending or contemplated litigation, settlement offers, or matters deemed subject to the Code of Professional Responsibility of the State Bar of Texas: Traders Road; Water Sale

The City Council convened into Executive Session at 7:28 p.m. and reconvened into Open Session at 7:49 p.m. 6032

City Council Meeting September 8, 2020

14. Take action on any item discussed in Executive Session

15. Adjourn

Being no further business, the Regular Session adjourned at 7:49 p.m. by unanimous consent of the City Council present.

______David L. Dreiling, Mayor

ATTEST:

______Carole V. Kuykendall, City Secretary

6033

City Council Agenda Item Report Date of Meeting September 22, 2020

Agenda Item No. 9-B Contact – Summer Spurlock, City Manager 903-457-3116 [email protected]

SUBJECT: Resolutions approving bids received on tax resale properties from Estex Homes Inc., for lots located at 2214 Church, 2108 Marshall, 3700 King, and 1709 Wesley.

1. BACKGROUND/HISTORY

Records show that ownership of the following properties that are zone residential were converted to the City of Greenville as noted below:

HCAD Converted Converted Bid Property Address ID# By Date Received Value 2214 Church Constable’s 72731 9-6-19 Orig Town of Greenville $26,940 $26,940 Deed Blk 405 Lots 9, 8B 2108 Marshall Constable’s 71135 2-4-15 Orig Town of Greenville $7,240 $7,240 Deed Blk 122 LOT 1A 3700 King Constable’s 72018 8-12-19 Orig Town of Greenville $27,700 $27,700 Deed Blk 247 Lot 1-3 1709 Wesley Constable’s 72380 5-12-14 Orig Town of Greenville $21,550 $21,550 Deed Blk 354 Lot 3 Total $83,430.00 $83,430.00

2. FINDINGS/CURRENT ACTIVITY

Buyer’s intentions are to build residential homes. Outstanding City liens and outstanding property taxes are the responsibility of the buyer.

Page 1 of 2 33

3. FINANCIAL IMPACT/ACCOUNT NO.

The proposed resolutions would accept bids in the total amount of $83,430 for the properties in “As-Is” condition. Estex Homes bid 100% of the current HCAD property values. Bids will pay all the taxes and costs due.

The funds received pursuant to this sale shall be distributed according to the Texas Property Tax Code. Acceptance of this process would allow the properties to return to the tax rolls.

4. FY 19-20 COUNCIL GOAL:

1. _____ City Infrastructure 2. _____ Quality of Life 3. X Future Planning and Growth 4. _____ Public Service and Safety 5. _____ Build Infrastructure that Lasts

5. ACTION OPTIONS/RECOMMENDATION

City Staff recommends the City Council consider and take action on these resolutions and the sale of the above properties “As-Is” located at the addresses above, in the amount of $83,430, to Estex Homes Inc.

Motion ______Second ______Action ______

Page 2 of 2 34

BID ANALYSIS

CAUSE # TAX20842 GREENVILLE ISD AND CITY OF GREENVILLE VS. TY COBB SANDERS, DECEASED

Acct#: R72731 Bid Amount: $26,940.00 Judgment Date: 8/17/2017 Greenville City Liens at Sale: $23,373.35 Property Value at Judgment: $6,220.00 Minimum Bid at Sale: $6,220.00 Property Value today: $26,940.00 Date Bid Submitted: 05/29/2020 Date of Sale: 9/3/2019

Bidders Name: ESTEX HOMES INC Bidders Address: 3960 BROADWAY BLD STE 201 GARLAND TX 75043 (214) 541-2390

Sale Deed Filed: 9/6/2019 Redemption Expires: 3/6/2020

PROPERTY DESCRIPTION

TRACT 1: BEING BLOCK 405, LOT 9, 8B (ALL OF 9 & PART OF 8) ACRES 0.6795 PART OF THE ORIGINAL TOWN OF GREENVILLE, AS DESCRIBED IN WARRANTY DEED, RECORDED IN VOLUME 164, PAGE 462, ON INSTRUMENT FILED FEBRUARY 6, 1990, AND CONSTABLE'S DEED DOC#2019-13383 FILED SEPTEMBER 6, 2019 IN HUNT COUNTY, TEXAS, AND BEING FURTHER IDENTIFIED ON THE TAX ROLLS AND RECORDS OF THE CITY OF GREENVILLE AND THE RECORDS OF THE HUNT COUNTY APPRAISAL DISTRICT UNDER THE ACCOUNT R72731, AND ACCOUNT R72730 (1994-1998)

SITUS OR LOCATION PER HUNT CAD: 2214 CHURCH ST GREENVILLE, TX 75401

JUDGMENT INFORMATION

Tax Entity Tax Years Amount Due CITY OF GREENVILLE 1993-2016 $4,630.48 GREENVILLE ISD 1993-1996, 2012-2016 $4,624.79 HUNT COUNTY 1993-1997, 2012-2016 $1,478.21 HUNT MEMORIAL HD 1993-1997, 2012-2016 $645.11

TOTAL: $13,378.59

COSTS

Publication Fee: $195.65 (Payable to Hunt County Treasurer) Court Costs: $1,974.00 (Payable to Hunt County District Clerk) Constable’s Fee: $75.00 (Payable to the Hunt County Constable Pct. 1) Deed Recording Fee: $38.25 (Payable to Hunt County Clerk) Excess Proceeds: $9,998.67 (Payable to Hunt County District Clerk)

TOTAL: $12,281.57

BID ANALYSIS R72731 - pg. 1

PROPOSED TAX DISTRIBUTION

Bid Amount: $26,940.00 Costs: $12,281.57 Net to Distribute: $14,658.43

ENTITY AMOUNT TO DISBURSE – OCTOBER 2020 AMOUNTS CITY OF GREENVILLE: $5,675.53 GREENVILLE ISD: $6,064.53 HUNT COUNTY: $2,027.87 HUNT MEMORIAL HD: $890.50

(These amounts are contingent on verification of cost)

TOTAL: $14,658.43

BID ANALYSIS R72731 - pg. 2

36 37

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, APPROVING THE OFFER TO PURCHASE PROPERTY AT 2214 CHURCH STREET AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Greenville has become an owner in trust of a certain tract of land described in the attached Exhibit “A” of certain real property by virtue of the fact that a sufficient bid was not received at a sale conducted by the Sheriff/Constable pursuant to an order of the District Court in Cause No. TAX20842 GREENVILLE ISD AND CITY OF GREENVILLE VS. TY COBB SANDERS, DECEASED; and

WHEREAS, because the property described is not currently generating any taxes on the tax roll, it is desirable that the property be sold so that taxes may be collected against the property in the future; and

WHEREAS, an offer has been made to purchase the property, and the City of Greenville wishes to accept the offer of ESTEX HOMES INC to purchase the property in the attached Exhibit “A,” also known as 2214 CHURCH STREET, Account #R72731, for TWENTY-SIX THOUSAND NINE HUNDRED FORTY DOLLARS AND 00/00 ($26,940.00); and

WHEREAS, the funds received pursuant to this sale shall be distributed according to the Texas Property Tax Code.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, THAT:

SECTION 1. The sale of real property to ESTEX HOMES INC for and in consideration of the cash sum of TWENTY-SIX THOUSAND NINE HUNDRED FORTY DOLLARS AND 00/00 ($26,940.00), said money to be distributed pursuant to Chapter 34 of the Texas Property Tax Code is hereby approved.

SECTION 2. The buyer has agreed to pay the health and safety liens currently attached to the property.

SECTION 3. This Resolution shall be in full force and effect immediately upon its passage and approval.

PASSED AND APPROVED this the 22nd day of September 2020.

______David L. Dreiling, Mayor

______Tax Resale Properties 2214 Church Street Page 1 of 3 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\9-B1c Resolution R72731 - 2214 Church.docx

ATTEST:

______Carole V. Kuykendall, City Secretary

APPROVED AS TO FORM:

______Daniel W. Ray, City Attorney

______Tax Resale Properties 2214 Church Street Page 2 of 3 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\9-B1c Resolution R72731 - 2214 Church.docx

EXHIBIT “A”

Property Description:

SITUS OR LOCATION PER HUNT CAD: 2214 CHURCH ST GREENVILLE, TX 75401

______Tax Resale Properties 2214 Church Street Page 3 of 3 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\9-B1c Resolution R72731 - 2214 Church.docx

BID ANALYSIS

Cause # TAX20689 CITY OF GREENVILLE VS. ESTELLA STEPHENS, DECEASED

Acct#: R71135 Bid Amount: $7,240.00 Tax Warrant Date: 10/10/2014 City Greenville Liens at Sale: $2,148.00 Property Value at Judgment: $1,400.00 Minimum Bid at Sale: $1,400.00 Property Value today: $7,240.00 Date Bid Submitted: 5/29/2020 Date of Sale: 2/5/2015

Bidders Name: ESTEX HOMES INC Bidders Address: 3960 BROADWAY BLVD STE 201 GARLAND TX 75043 (214) 541-2390

Sale Deed Filed: 2/4/2015 Redemption Expires: 8/4/2015

PROPERTY DESCRIPTION

TRACT 1: BEING BLOCK 122, LOT 1A, PART OF THE ORIGINAL TOWN OF GREENVILLE, AS DESCRIBED IN WARRANTY DEED RECORDED IN VOLUME 257, PAGE 520, ON INSTRUMENT FILED FEBRUARY 23, 1920, AND AFFIDAVIT OF HEIRSHIP RECORDED IN VOLUME 709, PAGE 644, ON INSTRUMENT FILED FEBRUARY 15, 1972 AND CONSTABLES DEED DOC#2015-1541 IN HUNT COUNTY, TEXAS, AND BEING FURTHER IDENTIFIED ON THE TAX ROLLS AND RECORDS OF THE CITY OF GREENVILLE UNDER ACCOUNT NUMBER R71135.

SITUS OR LOCATION PER HUNT CAD: 2108 MARSHALL ST GREENVILLE, TX 75401

TAX WARRANT SALE INFORMATION

Tax Entity Tax Years Amount Due CITY OF GREENVILLE 1993-2014 $538.63 GREENVILLE ISD 1993-2014 $1,061.60 HUNT COUNTY 1993-2014 $378.80 HUNT MEMORIAL HD 1993-2014 $153.61

TOTAL: $2,132.64

COSTS

Publication Fee: $114.60 (Payable to Hunt County Treasurer) Court Costs: $167.00 (Payable to Hunt County District Clerk) Constable’s Fee: $120.00 (Payable to the Hunt County Constable Pct. 1) Title Search Fee: $175.00 (Payable to Perdue, Brandon Law Firm) Deed Recording Fee: $38.25 (Payable to Hunt County Clerk) Excess Proceeds: $3,845.86 (Payable to Hunt County District Clerk)

TOTAL: $4,460.71

BID ANALYSIS R71135 - pg. 1

PROPOSED TAX DISTRIBUTION

Bid Amount: $7,240.00 Costs: $4,460.71 Net to Distribute: $2,779.29

ENTITY AMOUNT TO DISBURSE - OCTOBER 2020 AMOUNTS CITY OF GREENVILLE: $702.38 GREENVILLE ISD: $1,377.44 HUNT COUNTY: $497.45 HUNT MEMORIAL HD: $202.02

(These amounts are contingent on verification of cost)

TOTAL: $2,779.29

BID ANALYSIS R71135 - pg. 2

42 43

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, APPROVING THE OFFER TO PURCHASE PROPERTY AT 2108 MARSHALL STREET AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Greenville has become an owner in trust of a certain tract of land described in the attached Exhibit “A” of certain real property by virtue of the fact that a sufficient bid was not received at a sale conducted by the Sheriff/Constable pursuant to an order of the District Court in Cause No. TAX20689 CITY OF GREENVILLE VS. ESTELLA STEPHENS, DECEASED, ET AL; and

WHEREAS, an offer has been made to purchase the property, and the City of Greenville wishes to accept the offer of ESTEX HOMES INC to purchase the property in the attached Exhibit “A,” also known as 2108 MARSHALL STREET, Account #R71135, for SEVEN THOUSAND TWO HUNDRED FORTY DOLLARS AND 00/00 ($7,240.00); and

WHEREAS, the funds received pursuant to this sale shall be distributed according to the Texas Property Tax Code.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, THAT:

SECTION 1. The sale of real property to ESTEX HOMES INC for and in consideration of the cash sum of SEVEN THOUSAND TWO HUNDRED FORTY DOLLARS AND 00/00 ($7,240.00), said money to be distributed pursuant to Chapter 34 of the Texas Property Tax Code is hereby approved.

SECTION 2. The City Manager is authorized to sign the Special Resale Deed on behalf of the City of Greenville.

SECTION 3. The buyer has agreed to pay the health and safety liens currently attached to the property .

SECTION 4. This Resolution shall be in full force and effect immediately upon its passage and approval.

PASSED AND APPROVED this the 22nd day of September 2020.

______Tax Resale Properties 2108 Marshall Page 1 of 3 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\9-B2c Resolution R71135 - 2108 Marshall.docx

______David L. Dreiling, Mayor

ATTEST:

______Carole V. Kuykendall, City Secretary

APPROVED AS TO FORM:

______Daniel W. Ray, City Attorney

EXHIBIT “A”

______Tax Resale Properties 2108 Marshall Page 2 of 3 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\9-B2c Resolution R71135 - 2108 Marshall.docx

Property Description:

SITUS OR LOCATION PER HUNT CAD: 2108 MARSHALL ST GREENVILLE, TX 75401

______Tax Resale Properties 2108 Marshall Page 3 of 3 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\9-B2c Resolution R71135 - 2108 Marshall.docx

46 SPECIAL RESALE DEED

STATE OF TEXAS § COUNTY OF HUNT §

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 SECURTIY NUMBER OR YOUR DRIVER’S LICENSE NUMBER.

KNOW ALL MEN BY THESE PRESENTS that THE CITY OF GREENVILLE, TRUSTEE, for itself GREENVILLE INDEPENDENT SCHOOL DISTRICT, HUNT COUNTY AND HUNT MEMORIAL HOSPITAL DISTRICT, hereinafter called GRANTORS, each acting by and through its duly elected official (‘GRANTOR”) as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of SEVEN THOUSAND TWO HUNDRED FORTY DOLLARS AND 00/00 ($7,240.00) and other good and valuable consideration, in hand paid by ESTEX HOMES INC, Grantee, the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by the presents do convey and quitclaim unto said GRANTEE all right, title and interest of the GRANTORS, acquired by tax foreclosure sale heretofore held in TAX20689 CITY OF GREENVILLE VS. ESTELLA STEPHENS, DECEASED, ET AL ;said property being described as follows:

SITUS OR LOCATION PER HUNT CAD: 2108 MARSHALL ST GREENVILLE, TX 75401

This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or governmental authorities, if any but only to the extent that they are still in effect, relating to the hereinabove described property.

TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said ESTEX HOMES INC , Grantee, their heirs and assigns forever, so that neither THE CITY OF GREENVILLE, TRUSTEE, for itself GREENVILLE INDEPENDENT SCHOOL DISTRICT, HUNT COUNTY AND HUNT MEMORIAL HOSPITAL DISTRICT, nor any person claiming under them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances or any part thereof, but not otherwise.

SPECIAL RESALE DEED R71135 - pg. 1

47 Grantee accepts the property in “AS IS” condition and subject to any environmental conditions that might have or still exist on said property.

Taxes for the current year are assumed by Grantee.

IN TESTIMONY WHEREOF, THE CITY OF GREENVILLE, TRUSTEE, for itself GREENVILLE INDEPENDENT SCHOOL DISTRICT, HUNT COUNTY AND HUNT MEMORIAL HOSPITAL DISTRICT, Grantors, have caused the presents to be executed on this ______day of ______, 2020

CITY OF GREENVILLE

BY: ______CITY MANAGER THE STATE OF TEXAS COUNTY OF HUNT

BEFORE ME, the undersigned authority, on this day personally appeared ______, CITY MANAGER of the City of Greenville, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purposes and consideration therein expressed and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this day ______2020.

______NOTARY PUBLIC

GRANTEE’S MAILING ADDRESS: Return to:

ESTEX HOMES INC Perdue, Brandon Law Firm 3960 BROADWAY BLVD STE 201 P.O. Box 2007 GARLAND TX 75043 Tyler TX 75710-2007

SPECIAL RESALE DEED R71135 - pg. 2

BID ANALYSIS

Cause # TAX20740 CITY OF GREENVILLE VS. ELAINE WISE AKA DORIS ELAINE WISE

Acct#: R72018 Bid Amount: $27,700.00 Judgment Date: 2/18/2016 Greenville City Liens at Sale: $14,803.11 Property Value at Judgment: $5,850.00 Minimum Bid at Sale: $5,850.00 Property Value today: $27,700.00 Date Bid Submitted: 05/29/2020 Date of Sale: 8/6/2019

Bidders Name: ESTEX HOMES INC Bidders Address: 3960 BROADWAY BLD STE 201 GARLAND TX 75043 (214) 541-2390

Sale Deed Filed: 8/12/2019 Redemption Expires: 2/12/2020

PROPERTY DESCRIPTION

TRACT 1: BEING BLOCK 247, LOT 1,2 AND 3, PART OF THE ORIG TOWN OF GREENVILLE, AS DESCRIBED IN WARRANTY DEED RECORDED IN VOLUME 275, PAGE 69, FILED MAY 26, 1993 AND WARRANTY DEED IN VOLUME 603, PAGE 692 FILED OCTOBER14, 1999 AND CONSTABLES DEED DOC# 2019-15110 FILED AUGUST 12, 2019 IN HUNT COUNTY TEXAS AND BEING FURTHER IDENTIFIED ON THE TAX ROLL AND RECORDS OF THE CITY OF GREENVILLE AND THE RECORDS OF THE HUNT COUNTY APPRAISAL DISTRICT UNDER ACCOUNT NUMBER R72018.

SITUS OR LOCATION PER HUNT CAD: 3700 KING ST GREENVILLE, TX 75401

JUDGMENT INFORMATION

Tax Entity Tax Years Amount Due CITY OF GREENVILLE 2010-2015 $1,928.33 GREENVILLE ISD 2010-2015 $3,302.43 HUNT COUNTY 2010-2015 $1,403.59 HUNT MEMORIAL HD 2010-2015 $595.87

TOTAL: $7,230.22

COSTS

Publication Fee: $149.40 (Payable to Hunt County Treasurer) Court Costs: $641.00 (Payable to Hunt County District Clerk) Constable’s Fee: $75.00 (Payable to the Hunt County Constable Pct. 1) Deed Recording Fee: $38.50 (Payable to Hunt County Clerk) Excess Proceeds: $15,403.13 (Payable to Hunt County District Clerk)

TOTAL: $16,307.03

BID ANALYSIS R72018 - pg. 1

PROPOSED TAX DISTRIBUTION

Bid Amount: $27,700.00 Costs: $16,307.03 Net to Distribute: $11,392.97

ENTITY AMOUNT TO DISBURSE – OCTOBER 2020 AMOUNTS CITY OF GREENVILLE: $3,002.26 GREENVILLE ISD: $5,231.74 HUNT COUNTY: $2,208.73 HUNT MEMORIAL HD: $950.24

(These amounts are contingent on verification of cost)

TOTAL: $11,392.97

BID ANALYSIS R72018 - pg. 2

50 51

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, APPROVING THE OFFER TO PURCHASE PROPERTY AT 3700 KING STREET AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Greenville has become an owner in trust of a certain tract of land described in the attached Exhibit “A” of certain real property by virtue of the fact that a sufficient bid was not received at a sale conducted by the Sheriff/Constable pursuant to an order of the District Court in Cause No TAX20740 CITY OF GREENVILLE VS. ELAINE WISE AKA DORIS ELAINE WISE; and

WHEREAS, an offer has been made to purchase the property, and the City of Greenville wishes to accept the offer of ESTEX HOMES INC to purchase the property in the attached Exhibit “A,” also known as 3700 KING STREET, Account #R72018, for TWENTY-SEVEN THOUSAND SEVEN HUNDRED DOLLARS AND 00/00 ($27,700.00); and

WHEREAS, the funds received pursuant to this sale shall be distributed according to the Texas Property Tax Code.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, THAT:

SECTION 1. The sale of real property to ESTEX HOMES INC for and in consideration of the cash sum of TWENTY-SEVEN THOUSAND SEVEN HUNDRED DOLLARS AND 00/00 ($27,700.00), said money to be distributed pursuant to Chapter 34 of the Texas Property Tax Code is hereby approved.

SECTION 2. The City Manager is authorized to sign the Special Resale Deed on behalf of the City of Greenville.

SECTION 3. The buyer has agreed to pay the health and safety liens currently attached to the property.

SECTION 4. This Resolution shall be in full force and effect immediately upon its passage and approval.

PASSED AND APPROVED this the 22nd day of September 2020.

______Tax Resale Property 3700 King Street Page 1 of 3 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\9-B3c Resolution R72018 - 3700 King.docx

______David L. Dreiling, Mayor

ATTEST:

______Carole V. Kuykendall, City Secretary

APPROVED AS TO FORM:

______Daniel W. Ray, City Attorney

______Tax Resale Property 3700 King Street Page 2 of 3 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\9-B3c Resolution R72018 - 3700 King.docx

EXHIBIT “A”

Property Description:

SITUS OR LOCATION PER HUNT CAD: 3700 KING ST GREENVILLE, TX 75401

______Tax Resale Property 3700 King Street Page 3 of 3 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\9-B3c Resolution R72018 - 3700 King.docx

54 SPECIAL RESALE DEED

STATE OF TEXAS § COUNTY OF HUNT §

KNOW ALL MEN BY THESE PRESENTS that THE CITY OF GREENVILLE, TRUSTEE, for itself GREENVILLE INDEPENDENT SCHOOL DISTRICT, HUNT COUNTY AND HUNT MEMORIAL HOSPITAL DISTRICT, hereinafter called GRANTORS, each acting by and through its duly elected official (‘GRANTOR”) as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of TWENTY-SEVEN THOUSAND SEVEN HUNDRED DOLLARS AND 00/00 ($27,700.00) and other good and valuable consideration, in hand paid by ESTEX HOMES INC, Grantee, the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by the presents do convey and quitclaim unto said GRANTEE all right, title and interest of the GRANTORS, acquired by tax foreclosure sale heretofore held in TAX20740 CITY OF GREENVILLE VS. ELAINE WISE AKA DORIS ELAINE WISE; said property being described as follows:

SITUS OR LOCATION PER HUNT CAD: 3700 KING ST GREENVILLE, TX 75401

SPECIAL RESALE DEED R72018 - pg. 1

55 Grantee accepts the property in “AS IS” condition and subject to any environmental conditions that might have or still exist on said property.

Taxes for the current year are assumed by Grantee.

CITY OF GREENVILLE

BY: ______CITY MANAGER THE STATE OF TEXAS COUNTY OF HUNT

GIVEN UNDER MY HAND AND SEAL OF OFFICE this day ______2020.

______NOTARY PUBLIC

GRANTEE’S MAILING ADDRESS: Return to:

ESTEX HOMES INC Perdue, Brandon Law Firm 3960 BROADWAY BLVD STE 201 P.O. Box 2007 GARLAND TX 75043 Tyler TX 75710-2007

SPECIAL RESALE DEED R72018 - pg. 2

BID ANALYSIS

Cause # TAX19593 CITY OF GREENVILLE VS. IMA DELGADILLO, ET AL

Acct#: R72380 Bid Amount: $21,550.00 Judgment Date: 8/15/2013 Greenville City Liens at Sale: $10,652.00 Property Value at Judgment: $41,470.00 Minimum Bid at Sale: $13,502.74 Property Value today: $21,550.00 Date Bid Submitted: 05/29/2020 Date of Sale: 5/6/2014

Bidders Name: ESTEX HOMES INC Bidders Address: 3960 BROADWAY BLD STE 201 GARLAND TX 75043 (214) 541-2390

Sale Deed Filed: 5/14/2014 Redemption Expires: 11/14/2014

PROPERTY DESCRIPTION

TRACT 1: BEING BLOCK 354, LOT 3, PART OF THE ORIG TOWN OF GREENVILLE, AS DESCRIBED IN WARRANTY DEED RECORDED IN VOLUME 1584, PAGE 650, FILED APRIL 11, 2007 AND CONSTABLES DEED DOC# 2014-5573 FILED MAY 14, 2014 IN HUNT COUNTY TEXAS AND BEING FURTHER IDENTIFIED ON THE TAX ROLL AND RECORDS OF THE CITY OF GREENVILLE AND THE RECORDS OF THE HUNT COUNTY APPRAISAL DISTRICT UNDER ACCOUNT NUMBER R72380.

SITUS OR LOCATION PER HUNT CAD: 1709 WESLEY ST GREENVILLE, TX 75401

JUDGMENT INFORMATION

Tax Entity Tax Years Amount Due CITY OF GREENVILLE 2008-2012 $3,070.66 GREENVILLE ISD 2008-2012 $5,156.42 HUNT COUNTY 2008-2012 $1,697.70 HUNT MEMORIAL HD 2008-2012 $718.14

TOTAL: $10,642.92

COSTS

Publication Fee: $171.24 (Payable to Hunt County Treasurer) Court Costs: $548.08 (Payable to Hunt County District Clerk) Constable’s Fee: $60.00 (Payable to the Hunt County Constable Pct. 1) Deed Recording Fee: $38.25 (Payable to Hunt County Clerk) Excess Proceeds: $1,007.73 (Payable to Hunt County District Clerk)

TOTAL: $1,825.30

BID ANALYSIS R72380 - pg. 1

PROPOSED TAX DISTRIBUTION

Bid Amount: $21,550.00 Costs: $1,825.30 Net to Distribute: $19,724.70

ENTITY AMOUNT TO DISBURSE – OCTOBER 2020 AMOUNTS CITY OF GREENVILLE: $5,607.21 GREENVILLE ISD: $9,430.97 HUNT COUNTY: $3,292.94 HUNT MEMORIAL HD: $1,393.58

(These amounts are contingent on verification of cost)

TOTAL: $19,724.70

BID ANALYSIS R72380 - pg. 2

58 59

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, APPROVING THE OFFER TO PURCHASE PROPERTY AT 1709 WESLEY STREET AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Greenville has become an owner in trust of a certain tract of land described in the attached Exhibit “A” of certain real property by virtue of the fact that a sufficient bid was not received at a sale conducted by the Sheriff/Constable pursuant to an order of the District Court in Cause No. TAX19593 CITY OF GREENVILLE VS. IMA DELGADILLO, ET AL; and

WHEREAS, an offer has been made to purchase the property, and the City of Greenville wishes to accept the offer of ESTEX HOMES INC to purchase the property in the attached Exhibit “A,” also known as 1709 WESLEY STREET, Account #R72380, for TWENTY-ONE THOUSAND FIVE HUNDRED FIFTY DOLLARS AND 00/00 ($21,550.00); and

WHEREAS, the funds received pursuant to this sale shall be distributed according to the Texas Property Tax Code.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, THAT:

SECTION 1. The sale of real property to ESTEX HOMES INC for and in consideration of the cash sum of TWENTY-ONE THOUSAND FIVE HUNDRED FIFTY DOLLARS AND 00/00 ($21,550.00), said money to be distributed pursuant to Chapter 34 of the Texas Property Tax Code is hereby approved.

SECTION 2. The City Manager is authorized to sign the Special Resale Deed on behalf of the City of Greenville.

SECTION 3. The buyer has agreed to pay the health and safety liens currently attached to the property.

SECTION 4. This Resolution shall be in full force and effect immediately upon its passage and approval.

PASSED AND APPROVED this the 22nd day of September 2020.

______Tax Resale Property 1709 Wesley Street Page 1 of 3 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\9-B4c Resolution R72380 - 1709 Wesley.docx

______David L. Dreiling, Mayor

ATTEST:

______Carole V. Kuykendall, City Secretary

APPROVED AS TO FORM:

______Daniel W. Ray, City Attorney

______Tax Resale Property 1709 Wesley Street Page 2 of 3 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\9-B4c Resolution R72380 - 1709 Wesley.docx

EXHIBIT “A”

Property Description:

SITUS OR LOCATION PER HUNT CAD: 1709 WESLEY ST GREENVILLE, TX 75401

______Tax Resale Property 1709 Wesley Street Page 3 of 3 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\9-B4c Resolution R72380 - 1709 Wesley.docx

62 SPECIAL RESALE DEED

STATE OF TEXAS § COUNTY OF HUNT §

KNOW ALL MEN BY THESE PRESENTS that THE CITY OF GREENVILLE, TRUSTEE, for itself GREENVILLE INDEPENDENT SCHOOL DISTRICT, HUNT COUNTY AND HUNT MEMORIAL HOSPITAL DISTRICT, hereinafter called GRANTORS, each acting by and through its duly elected official (‘GRANTOR”) as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of TWENTY-ONE THOUSAND FIVE HUNDRED FIFTY DOLLARS AND 00/00 ($21,550.00) and other good and valuable consideration, in hand paid by ESTEX HOMES INC, Grantee, the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by the presents do convey and quitclaim unto said GRANTEE all right, title and interest of the GRANTORS, acquired by tax foreclosure sale heretofore held in TAX19593 CITY OF GREENVILLE VS. IMA DELGADILLO, ET AL ;said property being described as follows:

SITUS OR LOCATION PER HUNT CAD: 1709 WESLEY ST GREENVILLE, TX 75401

Grantee accepts the property in “AS IS” condition and subject to any environmental conditions that might have or still exist on said property. SPECIAL RESALE DEED R72380 - pg. 1

Taxes for the current year are assumed by Grantee.

CITY OF GREENVILLE

BY: ______CITY MANAGER THE STATE OF TEXAS COUNTY OF HUNT

GIVEN UNDER MY HAND AND SEAL OF OFFICE this day ______2020.

______NOTARY PUBLIC

GRANTEE’S MAILING ADDRESS: Return to:

ESTEX HOMES INC Perdue, Brandon Law Firm 3960 BROADWAY BLVD STE 201 P.O. Box 2007 GARLAND TX 75043 Tyler TX 75710-2007

SPECIAL RESALE DEED R72380 - pg. 2

City Council Agenda Item Report Date of Meeting September 22, 2020

Agenda Item No. 9-C Contact – Press Tompkins, P.E., Public Works Director 903-457-3135 [email protected]

SUBJECT: Ordinance approving the renewal of annual contracts for Water and Sewer supplies for use by the Water Distribution and Wastewater Collection Divisions with Core and Main.

1. BACKGROUND/HISTORY

The City of Greenville contracts each year for the water and sewer supplies for the Water Distribution and Wastewater Collection Divisions. These supplies are used in the maintenance of the water and sewer systems in the City.

2. FINDINGS/CURRENT ACTIVITY

The City Council authorized the annual contract for Water and Sewer Supplies to Core and Main on September 24, 2019 by Ordinance 19-063.

The Public Works Department received a letter from Core & Main in August that stated they would renew the City’s contract through September 30, 2021 with only a 3% increase on Category 1 (brass products). All other prices will remain the same. The acceptance letter is attached.

The initial bid request was broken into six (6) categories. The bid award in 2019 was made to the lowest responsible bidder on an “All or None” basis per category of items listed on the price page. Bids are based upon estimated established quantities.

3. FINANCIAL IMPACT/ACCOUNT NO.

Category Description Vendor Bid Category 1 Brass Core & Main $89,836.85 Category 1 Brass NEW PRICE Core & Main $92,531.96 Category 2 PVC - Water Core & Main $24,342.00

Page 1 of 2 65 Category 3 PVC - Sewer Core & Main $5,421.65 Category 4 Ductile Iron Fittings Core & Main $96,775.25 Category 5 Manholes Core & Main $16,203.20 Category 6 Fire Hydrants Core & Main $27,176.05

Account # Water Distribution 200-2-436300-53306-0000 200-2-436300-53211-0000 200-2-436300-53210-0000 Wastewater Collection 200-2-437200-53309-0000

4. FY 19-20 COUNCIL GOAL:

1. __X__ City Infrastructure 2. __ __ Quality of Life 3. __ __ Future Planning and Growth 4. _____ Public Service and Safety 5. __X___ Build Infrastructure that Lasts

5. ACTION OPTIONS/RECOMMENDATION

City Staff recommends the City Council consider awarding the annual contract for Water and Sewer supplies be renewed with Core and Main.

Motion ______Second ______Action ______

Page 2 of 2 66 67

To: Adrian Lopez

Company: Core and Main - 346

Email: [email protected]

Date: 8/11/2020

City/State: Royse City, TX

REF: Greenville-IFB18-19-34-TX

Q#: 108137

We would be pleased to extend this quotation to you for another year through 9/30/21 with an approximate 3% increase on brass and no increase to repair clamps, since we had a 3% increase effective 3/20 and no increase to repair clamps.

This is for products listed on the quotation for a period that ends 9/30/20. All other terms and conditions remain the same.

Please advise if this is accepted and we will then send you an updated quote. If this offer to extend is not accepted and the city puts out a new formal bid, this offer is null and void.

We appreciate your assistance in maintaining the City of Greenville as a good account for both of our companies and look forward to continued business growth in the rest of your market area.

Thank you,

Melissa Chubbuck The Ford Meter Box Company, Inc. Quotation Department

ORDINANCE NO. 20-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, RENEWING THE ANNUAL CONTRACT FOR WATER AND SEWER SUPPLIES FOR USE BY THE WATER DISTRIBUTION AND WASTEWATER COLLECTION DIVISIONS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, throughout the fiscal year, the City of Greenville must purchase Water and Sewer Supplies for use by the Water Distribution and Wastewater Collection Divisions as needed; and

WHEREAS, the City Council awarded the annual contract for Water and Sewer Supplies to Core and Main on September 24, 2019 by Ordinance 19-063; and

WHEREAS, the Public Works Department received a letter from Core & Main in August 2020 stating they would renew the City’s contract through September 30, 2021 with only a 3% increase on Category 1 (brass products); all other prices will remain the same; and

WHEREAS, the City Council has determined that renewal of the Water and Sewer Supplies Annual Contract is consistent with the best interests of the citizens of Greenville.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, THAT:

SECTION 1. It is hereby found and determined that the annual contract for Water and Sewer Supplies is renewed with Core and Main for the following:

Category Description Vendor Bid Category 1 Brass Core & Main $89,836.85 Category 1 Brass NEW PRICE Core & Main $92,531.96 Category 2 PVC - Water Core & Main $24,342.00 Category 3 PVC - Sewer Core & Main $5,421.65 Category 4 Ductile Iron Fittings Core & Main $96,775.25 Category 5 Manholes Core & Main $16,203.20 Category 6 Fire Hydrants Core & Main $27,176.05

SECTION 2. Funds area available in the following accounts:

Account # Water Distribution 200-2-436300-53306-0000 200-2-436300-53211-0000 200-2-436300-53210-0000 Wastewater Collection 200-2-437200-53309-0000

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SECTION 3. The renewal of the Water and Sewer Supplies Annual Contract is hereby accepted and approved, and the contracts are hereby let and awarded to the individual, association or corporation; subject however, to each and all of the term and conditions contained and set forth in contract documents relating to said services including the standard terms and provisions, special provisions, specifications and bid documents, reference to which being made for all purposes as if the same were copied in their entirety herein.

SECTION 4. If any section, provision, subsection, paragraph sentence, clause, phrase, or word in this Ordinance or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Greenville, Texas, hereby declares it would have enacted such remaining portions, despite such invalidity.

SECTION 5. All Ordinances or parts of Ordinances in conflict herewith are repealed to the extent of conflict only.

SECTION 6. This Ordinance shall be in full force and effect immediately.

PASSED AND APPROVED, this the 22nd day of September 2020.

______David L. Dreiling, Mayor

ATTEST:

______Carole V. Kuykendall, City Secretary

APPROVED AS TO FORM:

______Daniel W. Ray, City Attorney

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City Council Agenda Item Report Date of Meeting September 22, 2020

Agenda Item No. 9-D Contact – Summer Spurlock, City Manager 903-457-3116 [email protected]

SUBJECT: Consideration and action on an ordinance authorizing the City Manager to enter into the Texas Department of Transportation Airport Project Participation Agreement.

1. BACKGROUND/HISTORY

The City Council authorized the City Manager to request financial assistance from the Texas Department of Transportation for Majors Field Improvements by Resolution 18-62 on August 28, 2018.

The City of Greenville was notified they received Grant No: 2001GREEN which was approved on April 30, 2020 and funded by NPE Funds in the FY 19-20 cycle. The Grant was awarded in the amount of $1,100,000 and is a 90/10 grant which the City of Greenville is responsible for $110,000. City of Greenville shares of $110,000 was paid on May 1, 2020.

2. FINDINGS/CURRENT ACTIVITY

The appropriate project has been identified by City Staff, TxDOT Staff, and the engineer that was selected for this project. The project is described as construction services to repair existing drainage structures; construct new drainage headwalls; and USACE coordination and drainage improvements at Majors Airport. The City of Greenville has applied for federal financial assistance and desires the Texas Department of Transportation to act as the agent in matters connected to this project.

Below is the estimated timeline of the project:

Page 1 of 3 71 MASTER SCHEDULE

Duration Start Due Completion Task Name (Weeks) Date Date Date Final Design Phase 4 May 26, 2020 July 7, 2020 July 7, 2020

Owner Review 4 July 7, 2020 September 11, 2020 (Estimated)

Finalize Plans & Seal 1 September 12, 2020 October 12, 2020

Finalize TxDOT Approval 1 October 13, 2020 October 20, 2020 (Estimated)

Bid Scheduling 2 October 20, 2020 November 3, 2020 (Estimated)

Bid Advertising 4 November 4, 2020 December 3, 2020 (Estimated)

Award 2 December 4, 2020 December 18, 2020 (Estimated)

Contract Execution 4 December 19, 2020 January 19, 2021 (Estimated)

Construction Phase TBD Feb 2021 April 2021 (Estimated)

Closeout Phase 4 May 2021 June 2021

3. FINANCIAL IMPACT/ACCOUNT NO.

Estimated total cost of the project is $1,100,000 and the maximum federal funding will be $1,089,000 of which $99,000 is CARES Act funds. The CARES Act funding will replace our match portion of this project, so of the $110,000 that the City has already paid, we will be reimbursed $99,000. The City of Greenville total project cost will be $11,000.

4. FY 19-20 COUNCIL GOAL:

1. __X__ City Infrastructure 2. _____ Quality of Life 3. __X__ Future Planning and Growth 4. _____ Public Service and Safety 5. _____ Build Infrastructure that Lasts

5. ACTION OPTIONS/RECOMMENDATION

It is recommended that City Council authorize the City Manager to enter into the Texas Department of Transportation Airport Project Participation Agreement in order to continue with the project to improve the infrastructure at Majors Field.

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Motion ______Second ______Action ______

Page 3 of 3 73 DocuSign Envelope ID: A1039D0D-EF08-4035-BB23-1D4FC12B3EA9

TEXAS DEPARTMENT OF TRANSPORTATION

AIRPORT PROJECT PARTICIPATION AGREEMENT

(Federally Assisted Airport Development Grant)

TxDOT CSJ No.: 2001GREEN Commission Approval: April 30, 2020 NPE Funds Applied: FY 17-20 DUNS: 068967801 C.F.D.A.:20.106

Part I - Identification of the Project

TO: City of Greenville, Texas

FROM: The State of Texas, acting through the Texas Department of Transportation

This Agreement is made and entered into by and between the Texas Department of Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and City of Greenville, Texas, (hereinafter referred to as the "Sponsor").

The Sponsor desires to sponsor a project for the development of a public aviation facility, known or to be designated as the Airport under the Airport and Airway Improvement Act of 1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures promulgated pursuant to; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon and Vernon Supp).

The project is described as construction services to: repair existing drainage structures; construct new drainage headwalls; USACE coordination and drainage improvements at Majors Airport.

The Sponsor applies for federal financial assistance and desires the State to act as the Sponsor's agent in matters connected with the project described above.

The parties, by this Agreement, do fix their respective responsibilities, with reference to each other, with reference to the accomplishment of the project and with reference to the United States.

Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in the Airport Project Participation Agreement and its acceptance of this Offer as provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the project and compliance with the assurances and conditions as herein provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the project, one hundred percentum of all allowable project costs. This grant is made on and subject to the following terms and conditions: Page 1 of 42

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Part II - Offer of Financial Assistance

1. The allowable costs of the project shall not include any costs determined by the State to be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon Supp).

2. It is estimated that construction project costs will be approximately $1,100,000 (Amount A). It is further estimated that approximately $990,000 (Amount B) of the project costs will be eligible for federal financial assistance, and that federal financial assistance will be for one hundred percent (100%) of the eligible project costs. This amount may not be increased. It is further estimated that approximately $110,000 (Amount C) of the project costs will be eligible for federal financial assistance, and that federal financial assistance will be for ninety percent (90%) of the eligible project costs. Final determination of federal eligibility of total project costs will be determined by the State in accordance with federal guidelines following completion of project.

3. The maximum obligation of the United States payable under this offer shall be $1,089,000 (Amount D). $99,000 of Amount D is funded with Group 1 CARES funding.

This grant should not be construed as block grant funds for the Sponsor, but as a grant for funding of the scope items as listed on page one of this agreement. It is the intent of the State to provide funding to complete the approved work items of this grant and not to amend the scope of work to include items outside of the current determined needs of this project. Scope of work may be amended as necessary to fulfill the unforeseen needs of this specific development project within the spirit of the approved scope, subject to the availability of state, federal, and/or local funds.

4. It is estimated that the Sponsor's share of the total project costs will be $11,000 (Amount E). At project closeout, Sponsor will be reimbursed for any credited amounts that exceed Sponsor's share. The Sponsor specifically agrees that it shall pay any project costs, which exceed the sum of the federal share (Amount D). If the sponsor does not move forward with construction, they shall reimburse the state 100% of all costs under contract and/or expended at the point of notification that the project will not be completed.

It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State in behalf of the Sponsor which are in excess of the federal percentage of financial participation as stated in Paragraph II-2. The State shall refund to the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor.

5. If there is an overrun in the eligible project costs, the State may increase the grant to cover the amount of overrun not to exceed the statutory limitations, and will advise the Sponsor by amendment of the increase. Upon receipt of the aforementioned amendment, the maximum obligation of the United States is adjusted to the amount specified and the Sponsor will remit their share of the increased grant amount.

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The State may decrease the agreement after completion of the describer scope. The Sponsor will be notified by letter of the decreased amount.

Participation in additional federally eligible costs may require approval by the Texas Transportation Commission. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor.

Payment of the United States share of the allowable project costs will be made in accordance with the provisions of such regulations and procedures as the State and the FAA shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs.

6. Sponsor's share of project costs (Amount E) shall be paid initially in cash when requested by the State. At project closeout, Sponsor will be reimbursed for any credited amounts that exceed Sponsor's share.

7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs as stated. The Sponsor grants to the State and federal government the right, upon advance written request during reasonable and regular business hours, to audit any books and records of the Sponsor to verify the funds. In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance and operate the project.

Following the execution of this Agreement and upon written demand by the State, the Sponsor's financial obligation (Amount E) shall be due and payable to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay said obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-7. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity.

PART III - Sponsor Responsibilities

1. In accepting the Agreement, the Sponsor guarantees that:

a. it will comply with the Attachment A, Certification of Airport Fund, attached and made a part of this agreement; and

b. it will comply with the Attachment B, Certification of Project Funds, attached and made a part of this Agreement; and

c. it will comply with the Attachment E, Certification and Disclosure Regarding Potential Conflicts of Interest, attached and made a part of this Agreement; and

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d. it will comply with the Attachment F, Airport Assurances (3/2014)(State Modified 3/2014), attached and made a part of this Agreement; and

e. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant; and

f. the Airport or navigational facility which is the subject of this Agreement shall be controlled for a period of at least 20 years, and improvements made or acquired under this project shall be operated, repaired and maintained in a safe and serviceable manner for the useful life of said improvements, not to exceed 20 years; and

g. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without unjust discrimination between such types, kinds and classes and shall provide adequate public access during the term of this Agreement; and

h. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and

i. it shall not permit non-aeronautical use of airport facilities, unless noted on an approved Airport Layout Plan, without prior approval of the State/FAA; and

j. through the fence access shall be reviewed and approved by the State; and

k. it will acquire all property interests identified as needed for the purposes of this project and comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant in the acquisition of such property interests; and that airport property identified within the scope of this project and Attorney's Certificate of Airport Property Interests shall be pledged to airport use and shall not be removed from such use without prior written approval of the State; and

l. the Sponsor shall submit to the State annual statements of airport revenues and expenses as requested; and

m. all fees collected for the use of an airport or navigational facility constructed with funds provided under the program shall be reasonable and nondiscriminatory. The proceeds of such fees shall be used solely for the development, operation and maintenance of the Sponsor's system of airport(s) or navigational facility(ites).

n. an Airport Fund shall be established by resolution, order or ordinance in the treasury

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of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund shall be submitted to the State. Such fund may be an account within another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in said Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport or airport system purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and

o. for federally funded projects any revenue from airport property mineral rights be identified as airport revenue; deposited to the airport fund and used for airport operations; and

p. the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and

q. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. §§241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation easements or other property interests in or rights to use of land or airspace, unless Sponsor can show that acquisition and retention of such interests will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to such subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State; and

r. it will provide upon request of the State, the engineering or planning consultant, and the FAA copies of any maps, plans, or reports of the project site, applicable to or affecting the above project; and

s. after reasonable notice, it will permit the State, the FAA, and any consultants and contractors associated with this project, access to the project site, and will obtain permission for the State, the FAA, and consultants and contractors associated with this project, to enter private property for purposes necessary to this project; and

t. all development of an airport constructed with program funds shall be consistent with the Airport Layout Plan approved by the State and maintained by the Sponsor. A reproducible copy of such plan, and all subsequent modifications, shall be filed with the State for approval; and

u. it shall take all steps, including litigation if necessary, to recover funds spent

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fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal and State funds have been expended. For the purposes of this grant agreement, the term "funds" means funds, however used or disbursed by the Sponsor or Agent that were originally paid pursuant to this or any other grant agreement. It shall obtain the approval of the State as to any determination of the amount of such funds. It shall return the recovered share, including funds recovered by settlement, order or judgment, to the State. It shall furnish to the State, upon request, all documents and records pertaining to the determination of the amount of the funds or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such funds shall be approved in advance by the State.

2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all property upon which construction work is to be performed, or have acquired a leasehold on such property for a term of not less than 20 years, prior to the advertisement for bids for such construction or procurement of facilities that are part of the above project, and within the time frame of the project, a sufficient interest (easement or otherwise) in any other property which may be affected by the project.

3. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the Sponsor, the Sponsor's agents or employees.

4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement incorporated shall be evidenced by execution of this instrument by the Sponsor, as provided, and the Agreement shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. Such Agreement shall become effective upon execution of this instrument and shall remain in full force and effect for a period of at least 20 years.

5. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project identified above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility for operation of the facility in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives before, during and after the completion of this project.

6. The Sponsor shall have on file with the State a current and approved Attorney's Certificate of Airport Property Interests and Exhibit A property map.

7. The Sponsor shall have on file with the State, Attachment C, Certification Regarding

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Drug-Free Workplace Requirements, attached and made a part of this agreement.

8. Unless otherwise approved by the State, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition.

9. Except for instrument landing systems acquired with AIP funds and later donated to and accepted by the FAA, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP during the useful life of the equipment. The sponsor must check the facility, including instrument landing systems, prior to commissioning to ensure it meets the operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable; and mark and light the runway, as appropriate. The Federal Aviation Administration will not take over the ownership, operation, or maintenance of any sponsor- acquired equipment, except for instrument landing systems.

10. For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number 11. The sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. As a minimum, the program must conform to the provisions in Attachment D "Pavement Maintenance Management Program”, attached and made a part of this agreement.

11. The Sponsor may utilize paving specifications meeting State Highway criteria for runways at non-primary airports serving aircraft not exceeding 30,000 pounds gross take-off weight. For greater than 30,000 pounds to 60,000 pounds gross take-off weight; the sponsor agrees not to request additional AIP funds for reconstruction or rehabilitation of pavement constructed utilizing State specification for 10 years from pavement acceptance unless the Secretary determines that the reconstruction or rehabilitation is required for safety reasons.

12. Ban on Texting While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to this Grant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

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b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting while driving in all contracts and subcontracts.

13. Trafficking in Persons. A. You as the recipient, your employees, subrecipients under this award, and subrecipients’ employees may not — 1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; 2. Procure a commercial sex act during the period of time that the award is in effect; or 3. Use forced labor in the performance of the award or subawards under the award. B. The State as the awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity – 1. Is determined to have violated a prohibition in paragraph A of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either— a. Associated with performance under this award; or b. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),”as implemented by the FAA at 2 CFR Part 1200. 3. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A during this award term. 4. Our right to terminate unilaterally that is described in paragraph A of this section: a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and b. Is in addition to all other remedies for noncompliance that are available to the FAA under this award.

Part IV- Nomination of the Agent

1. The Sponsor designates the State as the party to apply for, receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred.

2. The State agrees to assume the responsibility to assure that all aspects of the grant and project are done in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives, except as otherwise Page 8 of 42

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specifically provided.

3. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services:

Receiving Disbursing Agent: a. apply for, accept, receive, and deposit with the State Treasury any and all project funds granted, allowed, and paid or made available by the State and/or the United States under Title 49 U.S.C. and congressional appropriation made pursuant thereto, and the Sponsor;

b. receive, review, approve and process Sponsor's reimbursement requests for approved project costs; and

c. pay to the Sponsor, from granted funds, the portion of any approved reasonable and eligible project costs incurred by the Sponsor that are in excess of the Sponsor's share. Paying Agent: d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with State executed contracts;

Contracting Agent: e. advertise for professional engineering and/or planning services for, but not limited to, the preparation of planning studies, plans and specifications for the above project and for the management of the construction of the above project; certify consultant selection procedures; provide notification of contract award for professional services; and negotiate professional services fees; and execute, on behalf of the Sponsor, a professional services agreement as related to this project;

f. administer Disadvantage Business Enterprises (DBE) and/or Historically Underutilized Business (HUB) Programs in accordance with federal and state regulations.

Contract Management Agent: g. exercise such supervision and direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor, any engineer, contractor, or materialman, the State shall issue a written order, which shall prevail and be controlling;

h. coordinate and review project plans, specifications and construction; coordinate and conduct progress and final inspections.

Construction Phase: i. authorize the advertisement, receipt and opening of bids for construction of the above project; and award contracts for construction of the above project and acquisition of materials related to it; and execute, on behalf of the Sponsor, construction contracts as

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related to this project;

j. participate in pre-bid and pre-construction conferences; and issue orders as it deems appropriate regarding construction progress, including but not limited to Notices to Proceed, Stop Work Orders, and Change Orders;

k. review, approve and maintain record drawings.

PART V - Recitals

1. The State and Sponsor shall obtain an audit as required by federal or state regulations.

2. The Sponsor, and not the State, shall be the contractual party to all construction and professional service contracts entered into for the accomplishment of this project. The power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of Agent, is a limited power to perform acts in connection with airport improvements as specified in or necessitated by this Agreement.

3. The Sponsor agrees to pursue and enforce contract items, which are required by federal and/or state regulations, laws and orders to insure satisfactory performance of contract vendors. Such items include, but are not limited to, bid bonds, payment bonds, and performance bonds. Pursuit and enforcement of contract items may require litigation and other remedies of law.

4. The United States and the State of Texas shall not be responsible or liable for damage to property or injury to persons, which may arise from, or be incidental to, compliance with this grant agreement.

5. This Agreement is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. Furthermore, the State shall not be a party to any other contract or commitment, which the Sponsor may enter into or assume, or have entered into or have assumed, in regard to the above project.

6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension shall contain the following:

a. The reasons for the suspension and the corrective action necessary to lift the suspension;

b. A date by which the corrective action must be taken;

c. Notification that consideration will be given to terminating the grant after the corrective action date.

In the case of suspension or termination, the Sponsor may request the State to reconsider the

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suspension or termination. Such request for reconsideration shall be made within 45 days after receipt of the notice of suspension or termination.

7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Agreement or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below.

a. Of primary importance to the State is compliance with the terms and conditions of this Agreement. If, however, after all reasonable attempts to require compliance have failed, the State finds that Sponsor is unwilling and/or unable to comply with any of the terms and conditions of this Agreement, the State may pursue any of the following remedies: (1) require a refund of any money expended pursuant to the Agreement, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any money expended on the project pursuant to the Agreement, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Agreement null and void, or (5) any other remedy available at law or in equity.

b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Agreement, or for enforcement of any of the provisions of this Agreement, is specifically set by Agreement of the parties in Travis County, Texas.

8. The State reserves the right to amend or withdraw this Agreement at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State, which extension shall not be unreasonably denied or delayed.

9. This Agreement constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties.

10. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including §§5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied.

11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport Project Participation Agreement shall be evidenced by execution of this instrument by the Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by the Title 49 U.S.C., constituting the contractual obligations and rights of the United States, the State of Texas and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided.

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12. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

13. Termination This agreement may be terminated in the following manner:  by mutual written agreement and consent of both parties;  by either party upon the failure of the other party to fulfill the obligations set forth herein;  by the State if it determines that the performance of the Project is not in the best interest of the State.

If the contract is terminated in accordance with the above provisions, the Sponsor will be responsible for the payment of Project costs incurred by the State on behalf of the Sponsor up to the time of termination. A. In the event the State determines that additional funding is required by the Sponsor at any time during the development of the Project, the State will notify the Sponsor in writing. The Sponsor will make payment to the State within thirty (30) days from receipt of the State’s written notification. B. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Sponsor, the State, or the Federal Government will be promptly paid by the owing party. C. In the event the Project is not completed, the State may seek reimbursement from the Sponsor of the expended funds. The Sponsor will remit the required funds to the State within sixty (60) days from receipt of the State’s notification. D. The State will not pay interest on any funds provided by the Sponsor. E. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Sponsor in accordance with this Agreement.

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Part VI - Acceptance of the Sponsor

City of Greenville, Texas, does ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the Agreement, and does accept the Offer, and agrees to all of the terms and conditions of the Agreement.

City of Greenville, Texas Sponsor

______Sponsor Signature

City Manager ______Sponsor Title

______Date

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Execution by the State

Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission.

STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION

By:______

Title:______

Date:______

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ATTACHMENT A

CERTIFICATION OF AIRPORT FUND

The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. Such fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole.

City of Greenville, Texas (Sponsor)

By:______

City Manager Title:______

Date:

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ATTACHMENT B

CERTIFICATION OF PROJECT FUNDS

CSJ No.: 2001GREEN

The Sponsor does certify that sufficient funds to meet the Sponsor's share of project costs as identified in the Airport Project Participation Agreement for said project will be available in accordance with the schedule shown below:

SPONSOR FUNDS

Source Amount Date Available

______

City of Greenville, Texas (Sponsor)

By:______

Title:______City Manager

Date:______

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ATTACHMENT C

CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS

A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f),

B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant:

Place of Performance (Street address, city, county, state, zip code)

______

Check ____ if there are workplaces on file that are not identified here.

Signed: ______Dated: ______

City Manager ______Title

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ATTACHMENT D

PAVEMENT MAINTENANCE MANAGEMENT PROGRAM

An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventative and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following:

1. Pavement Inventory. The following must be depicted in an appropriate form and level of details:

a. location of all runways, taxiways, and aprons b. dimensions c. type of pavement d. year of construction or most recent rehabilitation

For compliance with the Airport Improvement Program assurances, pavements that have been constructed, reconstructed, or repaired with Federal financial assistance shall be so depicted.

2. Inspection Schedule.

a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the frequency of inspections may be extended to three years.

b. Drive-by Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition.

3. Record Keeping. Complete information on the findings of all detailed inspections and other maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below.

a. inspection date b. location c. distress types d. maintenance scheduled or performed

For drive-by inspections, the date of inspection and any maintenance performed must be recorded.

4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required.

5. Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guideline, and recommended methods of repair are presented.

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ATTACHMENT E

Certification and Disclosure Regarding Potential Conflicts of Interest Certification Form

A sponsor must disclose in writing any potential conflict of interest to the Texas Department of Transportation. No employee, officer or agent of the sponsor shall participate in selection, or in the award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: 1. The employee, officer or agent, 2. Any member of his immediate family, 3. His or her partner, or 4. An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The sponsor’s officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements.

Sponsor may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by state or local law or regulations, such standards or conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee's and subgrant recipient’s officers, employees, or agents, or by contractors or their agents.

The sponsor must maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 1. By checking “Yes,” the sponsor certifies that it does not have any potential conflict of interest or Significant Financial Interests. By checking “No,” the sponsor discloses that it does have a potential conflict of interest, which is further explained below.

Yes No

2. The sponsor maintains a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. By checking “No”, the sponsor discloses that it does not have a written policy, which is further explained below.

Yes No 3. Explanation of items marked “no”:

Sponsor’s Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have the explanation for any item marked “no” is correct and complete. I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both.

Signature of Sponsor’s Designated Official Representative: ______

Date:______

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ATTACHMENT F 3‐2014

ASSURANCES

Airport Sponsors

A. General.

1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors.

2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors.

3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement.

B. Duration and Applicability.

1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.

The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.

2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.

The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.

3. Airport Planning Undertaken by a Sponsor.

Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Airport Revenue so long as the airport is used as an airport.

C. Sponsor Certification.

The sponsor hereby assures and certifies, with respect to this grant that:

1. General Federal Requirements.

It will comply with all applicable Federal laws, regulations, executive orders, Page 20 of 42

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policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following:

Federal Legislation

a. Title 49, U.S.C., subtitle VII, as amended. 1 b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq. c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act – 5 2 U.S.C. 1501, et seq. e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.1 2 1 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f). g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 1 469c. h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. 1 k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a. l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural 1 Barriers Act of 1968 -42 U.S.C. 4151, et seq. s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq. u. Copeland Anti-kickback Act - 18 U.S.C. 874.1 1 v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit 2 Act of 1984 - 31 U.S.C. 7501, et seq. y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252).

Executive Orders

1 a. Executive Order 11246 - Equal Employment Opportunity b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 – Flood Plain Management d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New 1 Building Construction e. Executive Order 12898 - Environmental Justice

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Federal Regulations

a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments, and Non- 4, 5, 6 Profit Organizations]. c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment d. 14 CFR Part 13 - Investigative and Enforcement Procedures14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. e. 14 CFR Part 150 - Airport noise compatibility planning. f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government Services. g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. 1 h. 29 CFR Part 1 - Procedures for predetermination of wage rates. i. 29 CFR Part 3 - Contractors and subcontractors on public building or public work 1 financed in whole or part by loans or grants from the United States. j. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non-construction 1 contracts subject to the Contract Work Hours and Safety Standards Act). k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, 1 Department of Labor (Federal and federally assisted contracting requirements). l. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative 3 agreements to state and local governments. m. 49 CFR Part 20 - New restrictions on lobbying. n. 49 CFR Part 21 – Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and 1 2 Federally Assisted Programs. q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. r. 49 CFR Part 27 – Nondiscrimination on the Basis of Handicap in Programs and 1 Activities Receiving or Benefiting from Federal Financial Assistance. s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. t. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.

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Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement.

Footnotes to Assurance C.1.

1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. 5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses.

6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.

2. Responsibility and Authority of the Sponsor.

a. Public Agency Sponsor:

It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required.

b. Private Sponsor:

It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.

3. Sponsor Fund Availability.

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It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control.

4. Good Title.

a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.

b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained.

5. Preserving Rights and Powers.

a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement.

c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement.

d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial noncompliance with the terms of the agreement.

e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.

f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith.

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an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.

6. Consistency with Local Plans.

The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.

7. Consideration of Local Interest.

It has given fair consideration to the interest of communities in or near where the project may be located.

8. Consultation with Users.

In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.

9. Public Hearings.

In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.

10. Metropolitan Planning Organization.

In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted.

11. Pavement Preventive Maintenance.

With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful.

12. Terminal Development Prerequisites.

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For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.

13. Accounting System, Audit, and Record Keeping Requirements.

a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984.

b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made.

14. Minimum Wage Rates.

It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.

15. Veteran's Preference.

It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.

16. Conformity to Plans and Specifications.

It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans,

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specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement.

17. Construction Inspection and Approval.

It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.

18. Planning Projects.

In carrying out planning projects:

a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved.

b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.

c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States.

d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country.

e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant.

f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services.

g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.

h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant.

19. Operation and Maintenance.

a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal,

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state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for-

1) Operating the airport's aeronautical facilities whenever required;

2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and

3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor.

b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended.

20. Hazard Removal and Mitigation.

It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.

21. Compatible Land Use.

It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.

22. Economic Nondiscrimination.

a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport.

b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or

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to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to-

1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and

2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.

c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities.

d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport.

e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non- signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.

f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform.

g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions.

h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.

i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights.

It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply:

a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and

b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or

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not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code.

24. Fee and Rental Structure.

It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.

25. Airport Revenues.

a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph:

1) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.

2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor’s acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996.

3) Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95.

b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.

c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code.

26. Reports and Inspections.

It will:

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a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;

b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request;

c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and make available to the public following each of its fiscal years, an annual report listing in detail:

1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and

2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.

27. Use by Government Aircraft.

It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that –

a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or

b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.

28. Land for Federal Facilities.

It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.

29. Airport Layout Plan.

a. It will keep up to date at all times an airport layout plan of the airport showing

1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;

2) the location and nature of all existing and proposed airport facilities and structures (such as runways,

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taxiways, aprons, terminal buildings, hangars and facilities;

3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon; and

4) all proposed and existing access points used to taxi aircraft across the airport’s property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport.

b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor.

30. Civil Rights.

It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant.

a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non- discrimination requirements imposed by, or pursuant to these assurances.

b. Applicability

1) Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities.

2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.

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3) Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property.

c. Duration.

The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:

1) So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or

2) So long as the sponsor retains ownership or possession of the property.

d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source:

“The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

e. Required Contract Provisions.

1) It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally- assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non- discrimination in Federally-assisted programs of the DOT acts and regulations.

2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations.

3) It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.

4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a

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or similar instruments entered into by the sponsor with other parties:

a) For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and

b) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance.

g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.

31. Disposal of Land.

a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue.

b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another

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eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund.

c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989.

d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.

32. Engineering and Design Services.

It will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.

33. Foreign Market Restrictions.

It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.

34. Policies, Standards, and Specifications.

It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated 3/2014 (the latest approved version as of this grant offer) and included in this grant, and in accordance

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with applicable state policies, standards, and specifications approved by the Secretary.

35. Relocation and Real Property Acquisition.

a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.

36. Access By Intercity Buses.

The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation.

37. Disadvantaged Business Enterprises.

The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801).

38. Hangar Construction.

If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.

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39. Competitive Access.

a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that-

1) Describes the requests;

2) Provides an explanation as to why the requests could not be accommodated; and

3) Provides a time frame within which, if any, the airport will be able to accommodate the requests.

b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date.

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Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated: 4/18/2019 View the most current versions of these ACs and any associated changes at: http://www.faa.gov/airports/resources/advisory_circulars and http://www.faa.gov/regulations_policies/advisory_circulars/

NUMBER TITLE

70/7460-1L Obstruction Marking and Lighting Change 2

150/5000-9A Announcement of Availability Report No. DOT/FAA/PP/92-5, Guidelines for the Sound Insulation of Residences Exposed to Aircraft Operations

150/5000-17 Critical Aircraft and Regular Use Determination

150/5020-1 Noise Control and Compatibility Planning for Airports

150/5070-6B Airport Master Plans Changes 1 - 2

150/5070-7 The Airport System Planning Process Change 1

150/5100-13B Development of State Standards for Nonprimary Airports

150/5200-28F Notices to Airmen (NOTAMs) for Airport Operators

150/5200-30D Airport Field Condition Assessments and Winter Operations Safety Change 1

150/5200-31C Airport Emergency Plan Changes 1 - 2

150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport

150/5210-7D Aircraft Rescue and Fire Fighting Communications

150/5210-13C Airport Water Rescue Plans and Equipment

NUMBER TITLE

150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing

150/5210-15A Aircraft Rescue and Firefighting Station Building Design

150/5210-18A Systems for Interactive Training of Airport Personnel

150/5210-19A Driver's Enhanced Vision System (DEVs)

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111

DocuSign Envelope ID: A1039D0D-EF08-4035-BB23-1D4FC12B3EA9

150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles

150/5220-16E, Automated Weather Observing Systems (AWOS) for Non-Federal Change 1 Applications

150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities

150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials

150/5220-20A Airport Snow and Ice Control Equipment

150/5220-21C Aircraft Boarding Equipment

150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns

150/5220-23 Frangible Connections

150/5220-24 Foreign Object Debris Detection Equipment

150/5220-25 Airport Avian Radar Systems

150/5220-26, Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS- Changes 1 - 2 B) Out Squitter Equipment

150/5300-13A, Airport Design Change 1

150/5300-14C Design of Aircraft Deicing Facilities

150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey

150/5300-17C Standards for Using Remote Sensing Technologies in Airport Surveys Change 1

150/5300-18B General Guidance and Specifications for Submission of Aeronautical Surveys Change 1 to NGS: Field Data Collection and Geographic Information System (GIS) Standards

150/5320-5D Airport Drainage Design

NUMBER TITLE

150/5320-6F Airport Pavement Design and Evaluation

150/5320-12C, Measurement, Construction, and Maintenance of Skid Resistant Airport Changes 1 - 8 Pavement Surfaces

150/5320-15A Management of Airport Industrial Waste

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112

DocuSign Envelope ID: A1039D0D-EF08-4035-BB23-1D4FC12B3EA9

150/5325-4B Runway Length Requirements for Airport Design

150/5335-5C Standardized Method of Reporting Airport Pavement Strength - PCN

150/5340-1L Standards for Airport Markings

150/5340-5D Segmented Circle Airport Marker System

150/5340-18F Standards for Airport Sign Systems

150/5340-26C Maintenance of Airport Visual Aid Facilities

150/5340-30J Design and Installation Details for Airport Visual Aids

150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting

150/5345-5B Circuit Selector Switch

150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits

150/5345-10H Specification for Constant Current Regulators and Regulator Monitors

150/5345-12F Specification for Airport and Heliport Beacons

150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits

150/5345-26D FAA Specification For L-823 Plug and Receptacle, Cable Connectors

150/5345-27E Specification for Wind Cone Assemblies

150/5345-28G Precision Approach Path Indicator (PAPI) Systems

150/5345-39D Specification for L-853, Runway and Taxiway Retroreflective Markers

150/5345-42H Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories

150/5345-43J Specification for Obstruction Lighting Equipment

NUMBER TITLE

150/5345-44K Specification for Runway and Taxiway Signs

150/5345-45C Low-Impact Resistant (LIR) Structures

150/5345-46E Specification for Runway and Taxiway Light Fixtures

150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems

150/5345-49D Specification L-854, Radio Control Equipment

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113

DocuSign Envelope ID: A1039D0D-EF08-4035-BB23-1D4FC12B3EA9

150/5345-50B Specification for Portable Runway and Taxiway Lights

150/5345-51B Specification for Discharge-Type Flashing Light Equipment

150/5345-52A Generic Visual Glideslope Indicators (GVGI)

150/5345-53D Airport Lighting Equipment Certification Program

150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems

150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure

150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS)

150/5360-12F Airport Signing and Graphics

150/5360-13A Airport Terminal Planning

150/5360-14A Access to Airports By Individuals With Disabilities

150/5370-2G Operational Safety on Airports During Construction

150/5370-10H Standard Specifications for Construction of Airports

150/5370-11B Use of Nondestructive Testing in the Evaluation of Airport Pavements

150/5370-13A Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt

150/5370-15B Airside Applications for Artificial Turf

150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements

150/5370-17 Airside Use of Heated Pavement Systems

150/5390-2C Heliport Design

150/5395-1B Seaplane Bases

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DocuSign Envelope ID: A1039D0D-EF08-4035-BB23-1D4FC12B3EA9

THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY Updated: 3/22/2019

NUMBER TITLE

150/5100-14E, Architectural, Engineering, and Planning Consultant Services for Airport Grant Change 1 Projects

150/5100-17, Land Acquisition and Relocation Assistance for Airport Improvement Program Changes 1 - 7 Assisted Projects

150/5300-15A Use of Value Engineering for Engineering and Design of Airport Grant Projects

150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals

150/5370-12B Quality Management for Federally Funded Airport Construction Projects

150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements

150/5380-7B Airport Pavement Management Program

150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness

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ORDINANCE NO. 20-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, ENTERING INTO A TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT FOR IMPROVEMENTS AT GREENVILLE MUNICIPAL AIRPORT “MAJORS FIELD”; PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FULL FORCE IMMEDIATELY UPON ITS PASSAGE AND APPROVAL.

WHEREAS, the Greenville Municipal Airport “Majors Field” is eligible to participate in a grant for construction services to repair existing draining structures; construct new drainage headwalls, and USACE coordination and drainage improvements that is funded through the Texas Department of Transportation Aviation Division; and WHEREAS, the estimated project cost is $1,100,000 and the grant is a 90/10 cost share, with the City’s portion being $110,000; and WHEREAS, CARES Act funding will reimburse the City $99,000 with the total project cost to the City $11,000; and WHEREAS, the City Council believes it to be in the best interest of the citizens of Greenville to enter into an agreement with Texas Department of Transportation Aviation Division at Greenville Municipal Airport “Majors Field.”

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, THAT:

SECTION 1. The City Manager is hereby authorized to enter on behalf of the City of Greenville, into an Airport Project Participation Agreement with Texas Department of Transportation Aviation Division.

SECTION 2. This grant will pay for 90% of the $1,100,000 total construction services to repair existing draining structures; construct new drainage headwalls, and USACE coordination and drainage improvements.

SECTION 3. Funds in the amount of $99,000 will be provided for by the CARES Act and $11,000 remains of the City’s 10% match.

SECTION 4. This Ordinance shall take effect and be in full force immediately upon its passage and approval.

PASSED AND APPROVED, this the 22nd day of September 2020.

______David L. Dreiling, Mayor

Airport Maintenance Program Grant Agreement Page 1 of 2 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\9-D TxDOT Aviation Grant.doc 116

ATTEST:

______Carole V. Kuykendall, City Secretary

APPROVED AS TO FORM:

______Daniel W. Ray, City Attorney

Airport Maintenance Program Grant Agreement Page 2 of 2 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\9-D TxDOT Aviation Grant.doc 117 City Council Agenda Item Report Date of Meeting September 22, 2020

Agenda Item No. 9-E Contact – Summer Spurlock, City Manager 903-457-3116 [email protected]

SUBJECT: Ordinance authorizing an agreement with Texas Department of Transportation Aviation Division for routine maintenance and repairs at Greenville Municipal Airport “Majors Field.”

1. BACKGROUND/HISTORY The Greenville Municipal Airport “Majors Field” is eligible to participate in the Routine Airport Maintenance Program (RAMP) that is funded through the Texas Department of Transportation Aviation Division.

The RAMP offers public municipal airports a grant of up to $100,000 each year for routine maintenance and repairs. Under the RAMP Grant, the City can be reimbursed for one-half of eligible costs during the FY 2021 budget year. GENERAL MAINTENANCE: As needed, Sponsor may contract for services/ purchase materials for routine maintenance/improvement of airport pavements, signage, drainage, AWOS systems, approach aids, lighting systems, utility infrastructure, fencing, herbicide/application, sponsor owned and operated fuel systems, hangars, terminal buildings and security systems; professional services for environmental compliance, approved project design. Special projects are to be determined and added by amendment.

Past Grant monies has been used as follows:

2017 General Maintenance of the Airport $50,000 2018 General Maintenance of the Airport $50,000 2019 Design Fee for the Building Phase of Lochner $14,960 2020 Design Fee for the Building Phase of Lochner $ 5,093 Total $120,053.00

2. FINDINGS/CURRENT ACTIVITY In FY 2021, the Airport plans to complete some or all of the following projects, which are eligible for total RAMP fund reimbursements of up $50,000:

Page 1 of 2 118 Eligible Scope Items Estimated Costs State Share Sponsor Share Amount A Amount B Amount C General Maintenance $100,000 $50,000 $50,000

3. FINANCIAL IMPACT/ACCOUNT NO. The Airport budgets for all anticipated maintenance and repair costs. The RAMP Grant allows the city to seek reimbursement of one-half the cost of eligible expenses up to $50,000.

4. FY 19-20 COUNCIL GOAL: 1. X City Infrastructure 2. Quality of Life 3. X Future Planning and Growth 4. __ Public Service and Safety 5. _____ Build Infrastructure that Lasts

5. ACTION OPTIONS/RECOMMENDATION City Staff recommends the City Council approve this ordinance.

Motion ______Second ______Action ______

Page 2 of 2 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 ORDINANCE NO. 20-_____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, ENTERING INTO A ROUTINE AIRPORT MAINTENANCE PROGRAM GRANT AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION AVIATION DIVISION FOR ROUTINE MAINTENANCE AND REPAIRS AT GREENVILLE MUNICIPAL AIRPORT “MAJORS FIELD”; PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FULL FORCE IMMEDIATELY UPON ITS PASSAGE AND APPROVAL.

WHEREAS, the Greenville Municipal Airport “Majors Field” is eligible to participate in the Routine Airport Maintenance Program (RAMP) that is funded through the Texas Department of Transportation Aviation Division; and WHEREAS, various expenses eligible under the grant include the services, purchase materials for routine maintenance/improvement of airport pavements, signage, drainage, AWOS systems, approach aids, lighting systems, utility infrastructure, fencing, herbicide/application, sponsor owned and operated fuel systems, hangars, terminal buildings and security systems; professional services for environmental compliance, approved project design; and WHEREAS, special projects are to be determined and added by amendment; and WHEREAS, projects which are eligible for total RAMP fund reimbursements of up to $50,000 and planned for FY 2020-2021 may include some or all of the following:

Eligible Scope Items Estimated Costs State Share Sponsor Share

Amount A Amount B Amount C

General Maintenance $100,000 $50,000 $50,000

WHEREAS, the City Council believes it to be in the best interest of the citizens of Greenville to enter into an agreement with Texas Department of Transportation Aviation Division for routine maintenance and repairs at Greenville Municipal Airport “Majors Field.”

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, THAT:

SECTION 1. The City Manager is hereby authorized to enter on behalf of the City of Greenville, into a routine Airport Maintenance Program Grant Agreement with Texas Department of Transportation Aviation Division.

SECTION 2. This grant will reimburse the City for one-half the cost of eligible expenses up to $50,000.

SECTION 3. The payment will be charged to various airport budget accounts.

______Airport Maintenance Program Grant Agreement Page 1 of 2 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\9-E TxDOT RAMP Grant.docx 134

SECTION 4. This Ordinance shall take effect and be in full force immediately upon its passage and approval.

PASSED AND APPROVED, this the 22nd day of September 2020.

______David L. Dreiling, Mayor

ATTEST:

______Carole V. Kuykendall, City Secretary

APPROVED AS TO FORM:

______Daniel W. Ray, City Attorney

______Airport Maintenance Program Grant Agreement Page 2 of 2 L:\CITYSEC\City Council Meeting Documents\2020\09-22-2020\9-E TxDOT RAMP Grant.docx 135

City Council Agenda Item Report Date of Meeting September 22, 2020

Agenda Item No. 9-F Contact – Daniel W. Ray, City Attorney 903-454-0044 [email protected]

SUBJECT: Ordinance entering into an agreement with D.R. Horton-Texas, Ltd., and to the extent required, GEUS, for an Encroachment License Agreement

1. BACKGROUND/HISTORY

GEUS is the holder of an easement in Collin County and Hunt County, Texas, which is recorded at Volume 510, Page 333 of the Deed Records of Collin County, Texas, and D.R. Horton-Texas, Ltd.

D.R. Horton-Texas, Ltd., desires to construct paving, sanitary sewers, water lines, storm sewers, and a levee within a portion of the Easement

2. FINDINGS/CURRENT ACTIVITY

The easement area is occupied by 138kV overhead electrical transmission facilities owned by Texas Municipal Power Agency (TMPA).

GEUS has requested the City of Greenville also enter into this agreement for potentially future clarification purposes. Specific details are outlined in the Encroachment License Agreement.

FINANCIAL IMPACT/ACCOUNT NO.

N/A

3. FY 19-20 COUNCIL GOAL:

N/A

Page 1 of 2 136

4. ACTION OPTIONS/RECOMMENDATION

City Staff recommends the City Council consider authorizing the City Manager to enter into an Encroachment License Agreement with D.R. Horton-Texas, Ltd., and to the extent required, GEUS.

Motion ______Second ______Action ______

Page 2 of 2 137

Encroachment License Agreement

This Encroachment License Agreement made and entered into this______day of ______, 20____, by and between D.R. Horton–Texas, Ltd. (hereinafter referred to as “Owner”) whose address is 4306 Miller Road, Suite A, Rowlett Texas, 75088 and City of Greenville and, to the extent required, GEUS, which is a separate and distinct instrumentality of the City of GreenviIle consisting of the municipally owned utility, (hereinafter referred to as “GEUS”) whose address is 6000 Joe Ramsey Boulevard, Greenville Texas 75402.

WHEREAS, GEUS is the holder of an easement in Collin County and Hunt County, Texas, which is recorded at Volume 510, Page 333 of the Deed Records of Collin County, Texas (“Easement”); and D.R. Horton-Texas, Ltd. (“Owner”), desires to construct paving, sanitary sewers, water lines, storm sewers, and a levee within a portion of the Easement (hereinafter referred to as “Encroachment”). The easement area is occupied by 138kV overhead electrical transmission facilities owned by Texas Municipal Power Agency (TMPA).

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, GEUS and Owner do hereby agree as follows:

1. For and in consideration of the sum of Ten and No/100 Dollars ($10.00), payment of which is hereby acknowledged, and such other good and valuable consideration, GEUS hereby grants Owner a license to install the Encroachments within the Easement, subject to the terms and conditions herein (“License”).

2. In further consideration of GEUS granting Owner the License, Owner hereby agrees that in the event that GEUS or TMPA determines, in either GEUS’ or TMPA’s sole or joint discretion, that it is necessary to construct, maintain, repair, remove or replace any facilities of GEUS or TMPA located or to be located within the Easement, and such work requires the removal or relocation of the Encroachment in whole or in part, such removal or relocation of the encroachment may be done by GEUS, TMPA or its agents or subcontractors at the sole cost and expense of the Owner.

3. Owner may locate the Encroaching Facility in the Easement Area as described and shown on the attached drawings marked Exhibits 1 thru 5 and incorporated herein. Owner may not relocate the Encroaching Facility within the Easement Area without the consent and approval of GEUS and TMPA, which consent and approval shall be at the sole discretion of both GEUS and TMPA independently. The Owner shall construct various measures for GEUS and TMPA access to the Easement including curb leaveouts and all weather roads as shown on the attached drawings marked Exhibits 6 thru 9 and incorporated herein.

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4. Owner shall occupy only as much of the Easement Area deemed necessary to maintain the Encroachment. Owner shall, at its own cost and expense, comply with all applicable laws, including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or connected with said Encroachment. Owner shall obtain, at its sole cost and expense, any and all land rights necessary for Owner’s construction and operation of the Encroachment.

5. Owner shall maintain the Encroaching Facility at Owner’s sole expense. GEUS or TMPA will not be responsible for any costs pertaining to construction, maintenance, or removal of Owner’s Encroaching Facility.

6. Owner shall not make any improvements to the Easement Area without the consent of GEUS and TMPA, which consent shall be at the sole discretion of GEUS and TMPA independently.

7. Owner agrees that, if in the future GEUS or TMPA, in either GEUS’ or TMPA’s sole discretion, determines the Encroachment interferes with GEUS or TMPA use or enjoyment of its easement rights, GEUS or TMPA shall have the right to revoke this License and require removal of the Encroachment at Owner’s expense. GEUS or TMPA will notify Owner in writing of such determination. Owner will have 90 days to remove the Encroachment. If upon passage of 90 days the Encroachment has not been removed by Owner, GEUS or TMPA will remove the Encroachment at Owner’s Expense.

8. OWNER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS GEUS AND TMPA, THEIR OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, COST AND EXPENSES, INCLUDING ATTORNEY’S FEES (HEREINAFTER COLLECTIVELY, “CLAIMS”), WHICH MAY BE IMPOSED UPON OR ASSERTED AGAINST GEUS OR TMPA, THEIR OFFICERS, AGENTS AND EMPLOYEES (THE “INDEMNIFIED PARTIES”) ARISING FROM OR IN ANY WAY CONNECTED WITH THE INSTALLATION, DESIGN, MAINTENANCE AND USE OF THE ENCROACHMENT WITH THE EASEMENT, OR ARISING FROM OR IN ANY WAY CONNECTED WITH ANY REMOVAL OR RELOCATION, IN WHOLE OR IN PART, OF THE ENCROACHMENT, REGARDLESS IF ONE OR MORE OF THE CLAIMS ARISES FROM THE NEGLIGENCE OR STRICT LIABILITY OF ONE OR MORE OF THE INDEMNIFIED PARTIES.

Use of draglines or other boom-type equipment in connection with any work to be performed on the GEUS easement by Owner, its employees, agents, invitees, contractors or subcontractors must comply with Chapter 752, Texas Health Safety Code, the National Electric Safety Code and any other applicable safety or clearance

Page 2 of 4

139

requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within twenty (20) feet of TMPA or GEUS power lines situated on the aforesaid property. Owner must notify the TMPA Transmission Superintendent at (936) 577-1061 or by email and receive written reply of confirmation from [email protected], 48 hours prior to the commencement of any work in Easement area or the use of any boom-type equipment on the GEUS easement.

9. Owner may, with GEUS prior written approval, transfer this License to a subsequent landowner, but only upon Owner’s sale or transfer of the ownership interest in the underlying real property. The transferee shall be bound to all terms and conditions of this License. In the event that Owner sells or otherwise transfers the underlying real property (including transfers through heirship or by any other means) without first obtaining GEUS’ written approval, this License shall expire 90 days after Owner ceases to own the underlying real property.

10. GEUS or TMPA shall send all notices required under the terms of this Agreement to the current landowner identified in the Real Property Records of Collin County, Texas. Owner shall send all notices required under this Agreement to contact at [email protected]

Executed this ______day of ______, 20_____

Approval: City of Greenville (“GEUS”)

By:______

Name: Alicia Hooks

Title: General Manager

State of Texas County of Hunt

This instrument was acknowledged before me on ______, 20___ by Alicia Hooks.

______Notary Public's Signature

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140

Approval: City of Greenville

By:______

Name: Summer Spurlock

Title: City Manager

State of Texas County of Hunt

This instrument was acknowledged before me on ______, 20___ by Summer Spurlock.

______Notary Public's Signature

Accepted: Name of Owner

By:______

Name:______

Title:______

State of Texas County of ______

This instrument was acknowledged before me on ______, 20___ by ______.

______Notary Public's Signature

Page 4 of 4

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ORDINANCE NO. 20-_____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, AUTHORIZING AN AGREEMENT WITH D.R. HORTON-TEXAS, LTD., AND TO THE EXTENT REQUIRED, GEUS, FOR AN ENCROACHMENT LICENSE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, GEUS is the holder of an easement in Collin County and Hunt County, Texas; and

WHEREAS, D.R. Horton-Texas, Ltd. desires to construct paving, sanitary sewers, water lines, storm sewers, and a levee within a portion of the Easement; and

WHEREAS , the easement area is occupied by 138kV overhead electrical transmission facilities owned by Texas Municipal Power Agency (TMPA); and

WHEREAS, D.R. Horton desires the City of Greenville, and to the extent required, GEUS, grant them a license to install the Encroachments within the Easement; and

WHEREAS, the City Council believes it to be in the best interest to the citizens of Greenville to enter into an agreement with D.R. Horton-Texas, Ltd.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS, THAT:

SECTION 1. The City Council hereby authorizes the City Manager to enter into an Encroachment License Agreement between D.R. Horton-Texas, Ltd., and to the extent required, GEUS.

SECTION 2. If any section, provision, subsection, paragraph, sentence, clause, phrase, or word in this Ordinance or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Greenville, Texas hereby declares it would have enacted such remaining portions, despite such invalidity.

SECTION 3. This Ordinance shall take effect and be in full force on and after September 22, 2020. PASSED AND APPROVED, this the 22nd day of September 2020.

______David L. Dreiling, Mayor

______Encroachment License Agreement with D.R. Horton-Texas Ltd. and GEUS Page 1 of 2

142

ATTEST:

______Carole V. Kuykendall, City Secretary

APPROVED AS TO FORM:

______Daniel W. Ray, City Attorney

______Encroachment License Agreement with D.R. Horton-Texas Ltd. and GEUS Page 2 of 2

143 COMPREHENSIVE MONTHLY FINANCIAL REPORT (UNAUDITED) AS OF AUGUST 31, 2020

THE CITY OF GREENVILLE FINANCE DEPARTMENT IS DEDICATED TO EXCELLENCE IN LOCAL GOVERNMENT, COMPREHENSIVE FISCAL MANAGEMENT, COMPLIANCE, AND REPORTING. THE COMPREHENSIVE MONTHLY FINANCIAL REPORT’S AIM IS TO PROVIDE OUR AUDIENCE (INTERNAL AND EXTERNAL USERS) WITH THE GENERAL AWARENESS OF THE CITY’S FINANCIAL POSITIONS AND ECONOMIC ACTIVITY.

144

SECTION 1 FINANCIAL ANALYSIS

City of Greenville

Comprehensive Monthly Financial Report

This report is designed for internal use and does not include all the funds and accounts that are included in the City of Greenville’s operations. For a complete report, refer to the City of Greenville Comprehensive Annual Financial Report, available on the City of Greenville’s website and through the City’s Finance Department.

145 Report Notes August 2020

The information presented in this report provides a summary of the General Fund, Water and Sewer Fund, Solid Waste Fund, and other selected Funds revenues and expenditures/expenses which offers readers an overview of the City of Greenville’s finances.

This section compares year to date activity in the current Fiscal Year to the same time in prior year.

The graphs below represent year to date revenues and expenditures/expenses as a percent of the budget comparing the current and prior Fiscal Year. Through August, the Fiscal Year is 92% complete.

GENERAL FUND

Revenue

General Fund Revenues through August (Percent of Budget for FY 2019-20 and FY 2018-19)

General Fund Revenues 94% $23.8 Mil. 90%

Ad Valorem Taxes 96% $8.2 Mil. 98% 2019-2020

Non-Property Fees & Taxes 90% 2018-2019 $13.46 Mil. 86%

All Other Revenues $2.2 Mil. 96%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

 Through August, total General Fund revenues are at $23,847,554 or 94% of expected collections. Total revenues increased $1,719,868 over last Fiscal Year.  Collections of ad valorem tax revenues increased $339,982 over last Fiscal Year.  Sales tax revenues, through August, are at 94% of expected collections, and increased $332,895 over prior year.

146 Report Notes Continued August 2020

https://www.mactexas.com/IssuerAccess/SalesTaxCharts/SalesTaxCharts/100902/105684

 Franchise Fee revenues, through August, are at 78% of expected collections and are increased $666,710 over prior year.  Through August, collections of Licenses & Permits fees are at 118% of expected collections and have increased $319,799 over prior year.  Court Fine revenues finished August at $161,772 or 57% of anticipated collections and decreased -$47,740 from prior year.  Library Fine revenues ended the month at 79% of expected collections and were decreased -$2,397 from August 2019.

147 Report Notes Continued August 2020

Expenditures

General Fund Expenditures + Encumbrances through August (Percent of Budget for FY 2019-20 and FY 2018-19)

General Fund Expenditures 90% $23.47 Mil. 89% General Government 80% $1.8 Mil. 86% City Attorney 80% $159 Thousand

Public Safety 91% $13.06 Mil. 90% Public Works 2019-2020 89% $1.52 Mil. 83% 2018-2019 Community Development 89% $1.09 Mil. 83% Culture/Recreation 86% $1.88Mil. 90% Other Expenditures 95% $3.88 Mil. 89%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

 Through August, General Fund expenditures + encumbrances are at $23,471,693 or 90% of budgeted expectations. Total expenditures + encumbrances increased $417,833 over prior year.  The General Government category includes the following Departments: City Council, City Secretary, Municipal Court, City Manager, Finance, Tax, and Human Resources. Through August General Government expenditures + encumbrances are at 80% of budgeted expectations and are increased $31,886 from prior year.  The Public Safety category includes the Police and Fire Departments. Expenditures + encumbrances, through August, are at 91% of budgeted expectations and are increased $880,271 over prior year.  The Public Works category includes the following Departments: Administration, Streets, Traffic, and Engineering. Public Works expenditures + encumbrances, through August, are at 89% and are increased $118,260 from prior year.

148 Report Notes Continued August 2020

 The Community Development category includes the following Departments: Planning, Airport Permitting, Code Enforcement, and Animal Control. Through August, Community Development expenditures + encumbrances are at 89% and are increased $154,643 over prior year.  The Culture / Recreation category includes the following Departments: Parks & Recreation, Library, and Main Street. Culture / Recreation expenditures + encumbrances, through August, are at 86% and are increased $139,958 over prior year.

WATER & SEWER FUND Revenue

Water & Sewer Fund Revenues through August (Percent of Budget for FY 2019-20 and FY 2018-19)

Water & Sewer Fund Revenues 88% $12.6 Mil. 87%

Sales & Income Water 90% $6.3 Mil. 83% 2019-2020

Sales & Income WasteWater 87% 2018-2019 $5.5 Mil. 90%

Other Fees, Charges & Sales 81% $824 Thousand 94%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

 In total, Water & Sewer Fund revenues, through August, are $12,648,125 or 88% of budgeted expectations, and are increased $65,232 from prior year.  Metered Sales- Water, through August, is at 90% of expected collections and is increased $367,514 from August 2019.  Collection of Sewer Fees, through August, is at 87% of budgeted expectations and is decreased -$200,151 from prior year.  Other Fees, Charges & Sales are $824,794 or 81% of budgeted expectations through August and are decreased -$102,131 from prior year.

149

Report Notes Continued August 2020

Expenses

Water & Sewer Fund Expenses + Encumbrances through August (Percent of Budget for FY 2019-20 and FY 2018-19)

Water & Sewer 92% Fund Expenses $12.2 Mil.

Utility Admin. 87% $146 Thousand 85%

Water 91% Trtmt./Distrib. $3.6 Mil. 92% 2019-2020 Wastewater 82% 2018-2019 Coll./Rclm. $2.0 Mil. 88%

Debt Svc. 100% $2.4 Mil. 100%

Other Expenses 70% $4.0 Mil.

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

 In total, Water & Sewer Fund expenses + encumbrances are $12,189,774 and are at 92% of budgeted expectations through August. Total expenses + encumbrances are decreased -$599,303 from prior year.  The Utility Administration department, at 87% of budgeted expectations, is decreased -$1,266 from prior year.  The Water Treatment department, at 91% of budgeted expectations, is increased $1,631 over prior year.  Total Non-Department expenses, at 70% of budgeted expectations, decreased -$1,769,660 from prior year.

150 Report Notes Continued August 2020

SOLID WASTE FUND

Revenue

Solid Waste Fund Revenues through August (Percent of Budget for FY 2019-20 and FY 2018-19)

Solid Waste Fund Revenues 95% $4.7 Mil. 87%

Collection Charges 96% $4.1 Mil. 83%

2019-2020 2018-2019 Disposal Charges 97% $367 Thousand

Other Fees, Charges & Sales 81% $266 Thousand

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

 The Solid Waste Fund accounts for revenues and expenses related to the waste that is collected by Waste Connections and disposed of at the City’s waste collection and disposal contractor.  In total, year to date revenues for the Solid Waste Fund are $4,704,555 or 95% of budget and are increased $6,155 from prior year.

151

Report Notes Continued August 2020

Expenses

Solid Waste Fund Expenses + Encumbrances through August (Percent of Budget for FY 2019-20 and FY 2018-19)

87% Solid Waste Fund Expenses $4.7 Mil. 88%

82% Collection Charges $3.7 Mil. 89%

2019-2020 2018-2019 0% Disposal Charges $0 0%

Other Charges $932 Thousand 80%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

 In total, Solid Waste Fund expenses + encumbrances through August are $4,669,769 or 87% of budget and are increased $65,714 from prior year.

152 AUG 20 - Project Listing

Prior Yr's Budget Proj # Project Name Budget Activity YTD Activity Total Activity Remaining

Airport AP1302 TRACT D DRAINAGE STUDY / SITE PLAN $ 134,400 $ 90,212 $ - $ 90,212 $ 44,188 AP1701 EROSION GRANT - TXDOT AVIATION 200,000 200,000 200,000 200,000 0 AP1802 L3-WATER LINE EXT 0 4,775 0 4,775 -4,775 AP1901 2019 RAMP GRANT 18,405 18,405 -18,405

Community Development CD1901 COMPREHENSIVE CITY PLAN 125,000 2,600 85,849 88,449 36,551

Facilities CH1101 SICFA-PEG CAPITAL FEES 244,768 69,466 0 69,466 175,302 FM1802 A/C REPLACEMENTS 196,912 169,216 0 169,216 27,696 FM1901 FACILITIES MAINT PROJECTS 78,677 41,817 4,255 46,072 32,605

Main Street MS1201 FAÇADE GRANT PROGRAM 210,000 163,669 14,163 177,832 32,168 MS1801 TXCDBG SIDEWALK GRANT 185,219 69,692 122,698 192,390 -7,171 MS1802 DOWNTOWN IMPROVEMENTS 35,038 34,797 0 34,797 241

Parks PK1501 PARK IMPROVEMENT PROGRAM 180,000 177,794 0 177,794 2,206 PK1701 SPORTSPARK EXPANSION 743,030 740,789 0 740,789 2,241 PK2002 SPORTSPARK SHADE STRUCTURES 31,000 0 34,246 34,246 -3,246 PK2003 REECY DAVIS CENTER REMODEL 94,762 0 97,634 97,634 -2,872

Police PD1801 RADIO INFRASTRUCTURE 1,000,000 50,539 9,592 60,131 939,869

Streets PW1503 STONEWALL ST - PARK TO STANFORD PII ENG 1,901,374 2,377,208 0 2,377,208 -475,834 PW1504 WELLINGTON - PHASE II ENGINEERING 4,587,079 4,154,000 0 4,154,000 433,079 PW1602 2016 STREET IMPROVEMENT PROGRAM 1,400,000 1,268,785 441,461 1,710,246 -310,246 PW1705 CENTERPOINT - JUSTIN TO ROY WARREN 1,654,500 1,656,188 695 1,656,883 -2,383 PW1802 STREET BLDG - SVC CTR 300,000 0 0 0 300,000 PW1902 2019 STREET IMPROVEMENT PROGRAM 2,000,000 1,326,123 512,158 1,838,281 161,719 PW2001 2020 STREET IMPROVEMENT PROGRAM 2,000,000 0 111,618 111,618 1,888,382 PW2004 2019 GO BOND STONEWALL AND SAYLE ST 15000000 0 743,671 743,671 14,256,329 PW2005 ED RUTHERFORD DRIVE 50000 0 72,440 72,440 -22,440

Water / Wastewater PW1213 MGD LIFT STATION & FORCE MAIN FM1570 6,531,948 6,581,250 -218,054 6,363,196 168,752 PW1403 UTILITY CIP CONTINGENCY 364,914 318,469 0 318,469 46,445 PW1601 2.5 MG GROUND STORAGE TANK AT WTP 4,097,335 4,174,151 4,001 4,178,152 -80,817 PW1603 SPARE HEADWORKS PUMP 48,810 48,810 0 48,810 0 PW1804 WATER LINE EASEMENT - MAINTENANCE 100,000 74,172 82,561 156,733 -56,733 PW1805 S/SW GREENVILLE WATER AVAILABILITY 5,439,274 4,148,493 1,850,968 5,999,461 -560,187 PW1807 HEADWORKS SLUICE GATE 78,750 17,984 58,701 76,685 2,065 PW1808 TXCDBG GRANT - 7217161 WTR IMPROV 330,000 196,561 3,794 200,355 129,645 PW1809 16" TRANSMISSION LINE 470,169 458,511 4,735 463,246 6,923 PW1810 WTR TRTMNT PLANT REHAB 308,331 186,180 172,884 359,064 -50,733 PW1811 WESLEY SEWERLINE 269,516 1,065,963 0 1,065,963 -796,447 PW1901 TRANSFER PUMP REPAIR 50,000 61,513 0 61,513 -11,513

153 PW1903 WWTR TREATMENT ACCESS ROAD REPAIRS 25,000 0 0 0 25,000 PW1904 EFFLUENT PUMP STATION UPGRADE 365,000 0 0 0 365,000 PW1905 SBR FACILITY DISSOLVED OXYGEN METERS 20,000 20,619 0 20,619 -619 PW1906 REHAB IND ELEVATED STORAGE TANK 875,000 0 380,000 380,000 495,000 PW1907 WATER EMINENT DOMAIN 200,000 0 0 0 200,000 PW1908 STEEL TANK REHAB 1,000,000 0 0 0 1,000,000 PW1909 NEW CLARIFIER TANKS 3,750,000 0 0 0 3,750,000 PW1910 REHAB WATER PLANT CLARIFIERS 8,150,000 553,305 468,893 1,022,198 7,127,802 PW1911 WATER TREATMENT SCADA SYSTEM 1,000,000 171,869 105,432 277,301 722,699 PW1912 WATER MAIN REPLACEMENT WASHINGTON 215,000 183,338 7,873 191,211 23,789 PW1913 L3 EXT - WATER MAIN 400,000 154,500 0 154,500 245,500 PW1914 KARI LANE 16" TRANSMISSION LINE 1,386,145 0 1,017,979 1,017,979 368,166 PW1915 WATER MAIN REPLACEMENT - NEW CREW 400,000 136,123 199,483 335,606 64,394 PW1916 WWTR COL - PIPE SHELTER BLDG 24,426 24,000 0 24,000 426 PW1917 PENIEL SEWER REPLACEMENT 85,000 22,098 13,732 35,830 49,170 PW1918 SEWER UPSIZING PROJECT 50,000 31,678 0 31,678 18,322 PW2002 SOUTHSIDE WATER TREATMENT PLANT 1000000 0 34,738 34,738 965,262 PW2003 LIFT PUMPS FOR LWT DUMP STATION 50000 0 0 0 50,000

Vehicles / Equipment VR1805 STREET VEHICLES & EQUIPMENT 141,926 109,593 32,333 141,926 0 VR1807 WTR/WWTR VEHICLES & EQUIPMENT 58,000 0 0 0 58,000 VR1901 TIFMAS FUNDED FIRE VEHICLES & EQUIP 272,326 272,326 -26,786 245,540 26,786 VR1903 FIRE TRUCK 800,000 0 609,020 609,020 190,980 VR1904 STREET & TRAFFIC EQUIP 273,024 210,035 80,699 290,734 -17,710 VR2001 CHEVROLET IMPALA - ENTERPRISE 3,500 0 20,348 20,348 -16,848 VR2002 REPLACE 6 PATROL VEHICLES - ENTERPRISE 75,800 0 47,382 47,382 28,418 VR2003 STREETS - REPLACE 3 VEHICLES - ENTERPRISE 19,500 0 7,436 7,436 12,064 VR2004 CODE ENFORCEMENT - 2 TRUCKS - ENTERPRISE 11,200 0 5,049 5,049 6,151 VR2005 ENGINEERING - REPLACE 3 TRUCKS - ENTERPRISE 15,500 0 6,080 6,080 9,420 VR2006 ANIMAL CONTROL TRUCK - ENTERPRISE 8,500 0 5,229 5,229 3,271 VR2007 PARKS - REPLACE 4 VEHICLES - ENTERPRISE 22,000 0 15,762 15,762 6,238 VR2008 FACILITIES - REPLACE 3 VEHICLES - ENTERPRISE 14,000 0 14,778 14,778 -778

Total $ 71,151,653 $ 31,819,211 $ 7,473,935 $ 39,093,146 $ 32,058,507

154

SECTION 2 MONTHLY ECONOMIC INDICATORS

City of Greenville

Comprehensive Monthly Financial Report

The Economic Analysis section contains a summary of the key economic indicators and an in-depth review with graphic illustrations.

155 MONTHLY ECONOMIC INDICATORS AUGUST 2020

City of Greenville * Comprehensive Monthly Financial Report * AUGUST 2020

General Fund Revenue Property (Ad Other, Valorem) Tax, $4,696,224 $8,178,485 Franchise Fees, The chart shows a breakdown of $3,441,247 the various sources of revenues for the City’s General Fund year to date through August 31, 2020. The largest category is Property Tax in the amount of $8,178,485.

Sales Tax, $7,531,598

General Fund Expenditures The chart shows a breakdown of Comm Dev Non Depart expenditures, by department, for $1,095,139 $3,887,985 the City’s General Fund Year to 5% 17% Date through August 31, 2020. The Public Works $1,523,908 largest category is Public Safety in 6% the amount of $13,067,196 which includes the police & fire departments. Closest behind that category is Non-Department totaling $3,887,985. Culture/Rec $1,889,016 Public Safety 8% General Gov $13,067,196 $1,849,239 56% 8%

156 MONTHLY ECONOMIC INDICATORS AUGUST 2020

City of Greenville * Comprehensive Monthly Financial Report * AUGUST 2020

SALES TAX VS. COMPARISON CITIES 19-Aug 20-Aug

City of Cleburne $1,273,991

City of Paris $943,780

City of Greenville $854,258

City of Corsicana $709,648

City of Denison $800,364

The chart shows sales tax allocations of current period collections in the months of August 2019 and August 2020 for the City of Greenville and its comparison cities. Current period collections of $854,258 were remitted to the City of Greenville in the month of August. This amount represents an increase of 16.25% compared to the amount received in August 2019. Sales tax revenue is generated from the 1.50% tax on applicable business activity within the City (Includes 0.125% earmarked for economic development activities as administered by the Greenville Economic Development Corporation). These taxes were collected by businesses in June, reported in July to the State, and received in August by the City of Greenville.

157 MONTHLY ECONOMIC INDICATORS AUGUST 2020

City of Greenville * Comprehensive Monthly Financial Report * AUGUST 2020 Water & Sewer Revenues $1,400,000

$1,200,000

$1,000,000 $734,166 $691,751 $760,094 $724,817 $800,000 $562,147 Water $600,000 Sewer

$400,000

$559,228 $494,932 $542,031 $527,155 $200,000 $456,331

$0 August 2016 August 2017 August 2018 August 2019 August 2020

The chart represents the billing history of water and sewer revenues for August 2016 through August 2020. The actual water and sewer customer billing revenues in August 2020 were $760,094 and $527,155 representing an increase of 9.88% in water billing revenues and a decrease of -5.74% in sewer billing revenues compared to August 2019 revenues. The aggregate water and sewer accounts netted $1,287,249 for an overall increase of 2.9%.

158 MONTHLY ECONOMIC INDICATORS

AUGUST 2020

City of Greenville * Comprehensive Monthly Financial Report * AUGUST 2020

80,000

70,000

60,000

50,000

40,000 2019-2020 2018-2019 30,000 2017-2018

20,000

10,000

August revenue from Hotel Motel Occupancy Tax was $37,177. This represents a decrease of -39% compared to August 2019. The average monthly revenue for the past six months was

$39,840, a decrease of -$12,347 or -23.66% from the previous year’s average.

159

SECTION 3

MONTHLY INVESTMENT REPORT

City of Greenville

Comprehensive Monthly Financial Report

Funds of the City of Greenville are invested in accordance with Chapter 2256 of the “Public Funds Investment Act.” The Act clearly defines allowable investment instruments for local governments. The City of Greenville Investment Policy incorporates the provisions of the Act and all investment transactions are executed in compliance with the Act and the Policy.

160 CITY OF GREENVILLE MONTHLY COUNCIL REPORT SCHEDULE OF CASH ACCOUNTS AND INVESTMENTS (By Account) As of August 31st, 2020

NON-POOLED FUNDS IN INVESTMENT POOLS

TexPool $ 77,528.07 TexSTAR 256,463.88 TexasCLASS - TexasTERM 46,742,105.36 Logic - Subtotal on Funds in Investment Pools $ 47,076,097.31

CASH FUND ACCOUNTS *Chase Outbound Operating $ (932,673.43) Chase Inbound Operating 12,705,271.19 Chase Bank Savings - 3077 1,548,482.68 Chase Bank Savings - 3371 1,626,957.43 Chase TASC Flex Spending - Logic Operating 3,074,928.55 TexPool Operating 3,060,606.61 TexStar Operating 0.01 TX Class Operating 42,308.69 Texas Daily Operating 15,709,113.63 PFM Pooled Securities 16,464,698.48 Interest Receivable 35,508.00 Subtotal on Pooled Cash Fund Accounts $ 53,335,201.84

TOTAL INVESTMENTS AND CASH ACCOUNTS $ 100,411,299.15 *Zero Balance Account (ZBA) balance reflects outstanding accounts payable

161 City of Greenville and GEUS Cash & Investment Report By Type of Investment at Cost As of August 31st 2020

Maturities, Pooled / Transfers, New Non- Purchases, Prem. Pooled Beginning Book Amort., and Booked During Type * Account / Security Purchase Date Maturity Date Value Discounts Current Month Ending Book Value

P-Opr Logic - Operating n/a n/a $ 3,074,105 $ - $ 823 $ 3,074,929 NP-GO Logic - 2014 STREET BONDS n/a n/a - - - - P-Opr TexPool - Operating n/a n/a 3,060,147 - 460 3,060,607 NP-CO TexPool - 2001 CO's n/a n/a - - - - NP-CO TexPool - 2001A CO's n/a n/a 77,516 - 12 77,528 NP-CO TX CLASS - Operating n/a na/ 42,297 - 11 42,309 P-Opr TexSTAR Operating n/a n/a 0 - - 0 NP-CO TexSTAR - 2002 CO's n/a n/a 256,428 - 36 256,464 NP-CO TexSTAR - 2003 WSSR n/a n/a - - - - P-TAN Chase City of Greenville Pooled Cash Savings 2911913371 n/a n/a 1,626,889 - 69 1,626,957 P-TAN Chase City of Greenville Pooled Cash Savings 3003113077 n/a n/a 1,548,417 - 65 1,548,483 NP-OPR TexasDaily - 2008 WSSR Proj.Const. (1157-03) n/a n/a 778,161 - 104 778,265 NP-ES TexasDaily 2008 GEUS Rev Bond-Debt Svc Dep. (1157-04) n/a n/a - - - - NP-CD TEXAS TERM - 2008 GEUS REV BOND (1157-04) 08/12/16 02/10/17 - - - - NP-OPR TexasDaily - 2010 GEUS Rev Bond-Debt Service (1157-06) n/a n/a - - - - NP-CD TEXAS TERM - 2010 GEUS REV. BOND (1157-06) 08/12/16 02/10/17 - - - - NP-Trust TexasDaily - Spence Endowment (1157-07) n/a n/a 602,349 - 81 602,430 NP-CD TEXAS CD PROGRAM - Spence Endowment (1157-07) 05/26/15 05/25/17 - - - - NP-CO TexasDaily - Series 2013 CO's Project Const Fund (1157-08) n/a n/a 2,084 - 0 2,084 NP-ES TexasDaily - Series 2013 CO's Debt Service Fund (1157-09) n/a n/a - - - - NP-ES TexasDaily - Public Safety Vehicle Replacement (1157-10) 01/00/00 01/00/00 905,414 - 121 905,536 NP-CD TEXAS CD PROGRAM - Public Safety Vehicle Replacement (1157-10) 09/30/16 10/02/17 - - - - NP-CP TEXAS TERM CP-Public Safety Vehicle Replacement (1157-10) 10/24/16 07/17/17 - - - - NP-ES TexasDaily - 2015 GO Project Construction (1157-11) n/a n/a 802,135 - 107 802,242 NP-ES Texas TERM - 2015 GO Project Construction (1157-11) 09/15/15 01/00/00 - - - - NP-CD TEXAS CD PROGRAM - 2015 GO Project Construction (1157-11A) 09/15/15 01/00/00 - - - - NP-CD TEXAS CD PROGRAM - 2015 GO Project Construction (1157-11B) 03/16/15 01/00/00 - - - - NP-ES 2015 GEUS Taxable Debt Service Reserve - 1157-12 09/29/15 n/a - - - - NP-ES 2015 GEUS Tax Exempt Debt Service Reserve - 1157-13 09/29/15 n/a - - - - NP-ES EXCHANGE BUILDING PROCEEDS-1157-14 1/8/2016 n/a 229,332 - 31 229,363 NP-ES TEXAS CD PROGRAM - 2015 GO Project Construction (1157-11B) 3/16/2015 n/a 13,981,620 - (998,506) 12,983,114 NP-ES 2015 GEUS Taxable Debt Service Reserve - 1157-12 9/29/2015 n/a 2,726,000 - - 2,726,000 NP-ES Texas Daily - GEUS PTO Liability Funding Reserve (1157-16) 01/09/19 n/a 503,447 67 503,515 NP-ES Texas Daily - Series 2019 CO's WSSR Project Construct. (1157-17) 04/12/19 n/a 10,607,616 (209,634) 10,397,983 NP-ES TEXAS TERM - Series 2019 GO Street Bonds (1157-18) 12/23/19 n/a 12,453,896 - 12,453,896 NP-ES Texas Daily - Series 2019 GO Street Bonds (1157-18) 12/23/19 n/a 2,304,889 (496,963) 1,807,927 NP-ES TEXAS TERM - SRA Raw Water Sale Proceeds (1157-19) 12/27/19 n/a 13,500,000 - 13,500,000 NP-ES Texas Daily - SRA Raw Water Sale Proceeds (1157-19) 12/27/19 n/a 2,111 0 2,111 NP-ES Texas Daily - GEUS General Operating Fund (1157-20) 12/27/19 n/a 4,756,119 636 4,756,755 P-USI FED HOME LOAN BANK AGENCY NOTES 3130ABF92 05/15/17 05/28/19 - - - - P-USI US TREASURY NOTES 912828Q78 12/10/19 06/30/20 299,326 77 - 299,403 P-USI FREDDIE MAC NOTES 3134GVJ66 07/01/20 06/08/22 980,357 (16) - 980,340 P-USI FANNIE MAE NOTES 3135G0U27 05/01/20 04/13/21 701,191 (1,361) - 699,831 P-USI CREDIT AGRICOLE CID NY 22533UB93 08/15/17 02/09/18 - - - - P-USI BNP PARIBAS NY BRANCH 09659BYD6 02/17/17 11/13/17 - - - - P-USI US TREASURY NOTES 912828YZ7 01/31/20 12/31/21 1,244,240 (254) - 1,243,985 P-USI US TREASURY NOTES 912828U65 12/03/19 10/31/21 491,190 (76) - 491,114 P-USI US TREASURY NOTES 912828A75 12/11/15 12/31/18 - - - - P-USI UNITED STATES TREASURY NOTES 912828YA2 08/31/20 08/15/22 1,485,113 208,844 - 1,693,957 P-USI US TREASURY NOTES 912828J50 (1) 03/18/19 02/29/20 - - - - P-USI FREDDIE MAC NOTES 3137EAET2 07/30/20 07/25/22 1,188,657 58 - 1,188,715 P-USI US TREASURY NOTES 912828WD8 12/11/15 10/31/18 - - - - P-USI US TREASURY NOTES 912828RC6 08/31/20 08/15/21 1,900,147 (218,887) - 1,681,260 P-USI MUFG BANK LTD/NY COMM PAPER 62479LJ48 12/11/19 09/04/20 499,117 805 - 499,922 P-USI CREDIT AGRICOLE BIB NY 22533TVF0 02/17/17 08/15/17 - - - - P-USI FHLB NOTES 3130A8DB6 06/21/16 06/21/19 - - - - P-USI US TREASURY NOTES 912828T34 10/16/19 09/30/21 1,491,734 603 - 1,492,337 P-USI US TREASURY NOTES 912828D72 11/01/18 08/31/21 1,486,019 1,097 - 1,487,116 P-USI FANNIE MAE NOTES 3135G0U84 11/01/18 10/30/20 1,499,865 47 - 1,499,911 P-USI CREDIT AGRICOLE CIB NY COMM PAPER 22533TMF0 06/16/20 12/15/20 499,471 121 - 499,592 P-USI US TREASURY NOTES 912828Q78 11/06/19 04/30/21 798,379 185 - 798,563 P-USI US TREASURY NOTES 912828F96 01/02/19 10/31/21 1,053,603 435 1,054,038 P-USI US TREASURY NOTES 912828UZ1 06/08/15 04/30/18 - - - - P-USI US TREASURY BILL 912796VF3 05/29/19 06/11/19 - - - - P-USI US TREASURY NOTES 912828U65 11/06/19 11/30/21 701,198 (76) - 701,122

Bank Balance P-Opr Bank Operating - Outbound 5260 n/a n/a - - - - P-Opr Bank Operating - Inbound 9632 n/a n/a 7,167,447 - 5,537,825 12,705,271

TOTAL $ 97,328,027 $ (714,293) $ 4,541,238 $ 101,154,972 WAM for Period is 67 Days

THIS MONTHLY REPORT IS IN FULL COMPLIANCE WITH THE INVESTMENT STRATEGY AS ESTABLISHED FOR THE POOLED INVESTMENT FUND AND FUNDS THE PUBLIC FUNDS * INVESTMENT ACT (CHAPTER 2256). P - Pooled funds NP - Non-Pooled Funds CO - Certificate of Obligation CP - Commercial Paper ES-Escrow OPR - Operating Account SLG - State & Local Government Securities TAN - Tax Notes Trust - Endowment Trust Fund USI - U.S. Instrumentality UST - U.S. Treasury 162 City of Greenville and GEUS Cash & Investment Report By Type of Investment at Cost As of August 31st 2020

Pooled / Non- Pooled City Beginning City Ending Book GEUS Beginning GEUS Ending Yield to Type * Account / Security Book Value Value Book Value Book Value Maturity

P-Opr Logic - Operating $ 1,425,997.68 $ 1,426,380 $ 1,648,107 $ 1,648,549 0.32% NP-GO Logic - 2014 STREET BONDS - - - - P-Opr TexPool - Operating 1,419,523 1,419,736 1,640,624 1,640,871 0.18% NP-CO TexPool - 2001 CO's - - - - 0.00% NP-CO TexPool - 2001A CO's 77,516 77,528 - - 0.18% NP-CO TX CLASS - Operating 42,297 42,309 - - 0.32% P-Opr TexSTAR Operating 0 0 - - 0.00% NP-CO TexSTAR - 2002 CO's 256,428 256,464 - - 0.16% NP-CO TexSTAR - 2003 WSSR - - - - 0.00% P-TAN Chase City of Greenville Pooled Cash Savings 2911913371 754,672 754,703 872,217 872,254 0.05% P-TAN Chase City of Greenville Pooled Cash Savings 3003113077 718,271 718,301 830,147 830,182 0.05% NP-OPR TexasDaily - 2008 WSSR Proj.Const. (1157-03) 778,161 778,265 - - 0.16% NP-ES TexasDaily 2008 GEUS Rev Bond-Debt Svc Dep. (1157-04) - - - - 1.66% NP-CD TEXAS TERM - 2008 GEUS REV BOND (1157-04) - - - - 0.00% NP-OPR TexasDaily - 2010 GEUS Rev Bond-Debt Service (1157-06) - - - - 1.66% NP-CD TEXAS TERM - 2010 GEUS REV. BOND (1157-06) - - - - 0.00% NP-Trust TexasDaily - Spence Endowment (1157-07) 602,349 602,430 - - 0.16% NP-CD TEXAS CD PROGRAM - Spence Endowment (1157-07) - - - - 0.00% NP-CO TexasDaily - Series 2013 CO's Project Const Fund (1157-08) 2,084 2,084 - - 0.16% NP-ES TexasDaily - Series 2013 CO's Debt Service Fund (1157-09) - - - - NP-ES TexasDaily - Public Safety Vehicle Replacement (1157-10) 905,414 905,536 - - 0.16% NP-CD TEXAS CD PROGRAM - Public Safety Vehicle Replacement (1157-10) - - - - NP-CP TEXAS TERM CP-Public Safety Vehicle Replacement (1157-10) - - - - NP-ES TexasDaily - 2015 GO Project Construction (1157-11) 802,135 802,242 - - 0.16% NP-ES Texas TERM - 2015 GO Project Construction (1157-11) - - - - NP-CD TEXAS CD PROGRAM - 2015 GO Project Construction (1157-11A) - - - - NP-CD TEXAS CD PROGRAM - 2015 GO Project Construction (1157-11B) - - - - NP-ES 2015 GEUS Taxable Debt Service Reserve - 1157-12 - - - - 0.00% NP-ES 2015 GEUS Tax Exempt Debt Service Reserve - 1157-13 - - - - 0.00% NP-ES EXCHANGE BUILDING PROCEEDS-1157-14 229,332 229,363 - - 0.16% NP-ES TEXAS CD PROGRAM - 2015 GO Project Construction (1157-11B) $ 6,485,711 6,022,529.86 7,495,909 6,960,584 0.13% NP-ES 2015 GEUS Taxable Debt Service Reserve - 1157-12 $ 1,264,521 1,264,520.74 1,461,479 1,461,479 0.00% NP-ES Texas Daily - GEUS PTO Liability Funding Reserve (1157-16) - - 503,447 503,515 0.16% NP-ES Texas Daily - Series 2019 CO's WSSR Project Construct. (1157-17) 10,607,616.29 10,397,982.59 - - 0.16% NP-ES TEXAS TERM - Series 2019 GO Street Bonds (1157-18) 12,453,895.94 12,453,895.94 - - 1.78% NP-ES Texas Daily - Series 2019 GO Street Bonds (1157-18) 2,304,889.27 1,807,926.57 - - 1.66% NP-ES TEXAS TERM - SRA Raw Water Sale Proceeds (1157-19) 13,500,000.00 13,500,000.00 - - 1.82% NP-ES Texas Daily - SRA Raw Water Sale Proceeds (1157-19) 2,110.58 2,110.86 - - 1.66% NP-ES Texas Daily - GEUS General Operating Fund (1157-20) - - 4,756,119 4,756,755 1.66% P-USI FED HOME LOAN BANK AGENCY NOTES 3130ABF92 - - - - 1.38% P-USI US TREASURY NOTES 912828Q78 138,850 138,885 160,476 160,518 1.68% P-USI FREDDIE MAC NOTES 3134GVJ66 454,762 454,754 525,595 525,586 23.00% P-USI FANNIE MAE NOTES 3135G0U27 325,264 324,633 375,927 375,197 0.17% P-USI CREDIT AGRICOLE CID NY 22533UB93 - - - - 0.00% P-USI BNP PARIBAS NY BRANCH 09659BYD6 - - - - 0.00% P-USI US TREASURY NOTES 912828YZ7 577,170 577,053 667,069 666,933 1.38% P-USI US TREASURY NOTES 912828U65 227,850 227,815 263,340 263,299 1.56% P-USI US TREASURY NOTES 912828A75 - - - - 1.50% P-USI UNITED STATES TREASURY NOTES 912828YA2 688,905 785,783 796,208 908,174 0.13% P-USI US TREASURY NOTES 912828J50 (1) - - - - 2.53% P-USI FREDDIE MAC NOTES 3137EAET2 551,387 551,414 637,270 637,301 0.18% P-USI US TREASURY NOTES 912828WD8 - - - - 0.00% P-USI US TREASURY NOTES 912828RC6 881,429 779,893 1,018,718 901,367 0.14% P-USI MUFG BANK LTD/NY COMM PAPER 62479LJ48 231,527 231,901 267,590 268,021 1.90% P-USI CREDIT AGRICOLE BIB NY 22533TVF0 - - - - 0.00% P-USI FHLB NOTES 3130A8DB6 - - - - 1.13% P-USI US TREASURY NOTES 912828T34 691,977 692,256 799,757 800,081 1.61% P-USI US TREASURY NOTES 912828D72 689,326 689,835 796,693 797,282 2.90% P-USI FANNIE MAE NOTES 3135G0U84 695,748 695,770 804,116 804,141 2.91% P-USI CREDIT AGRICOLE CIB NY COMM PAPER 22533TMF0 231,692 231,748 267,779 267,844 0.28% P-USI US TREASURY NOTES 912828Q78 370,347.18 370,433 428,032 428,131 1.65% P-USI US TREASURY NOTES 912828F96 488,738.97 488,940.71 564,864 565,097 2.50% P-USI US TREASURY NOTES 912828UZ1 - - - - 0.00% P-USI US TREASURY BILL 912796VF3 - - - - 2.24% P-USI US TREASURY NOTES 912828U65 325,268 325,232 375,931 375,890 1.62%

Bank Balance P-Opr Bank Operating - Outbound 5260 - - - - P-Opr Bank Operating - Inbound 9632 3,324,793 5,893,645.95 3,842,654 6,811,625 0.00%

TOTAL $ 65,527,959 $ 66,924,299 $ 31,800,068 $ 34,230,674 0.26% WAM for Period is 67 Days

* P - Pooled funds NP - Non-Pooled Funds CO - Certificate of Obligation CP - Commercial Paper ES-Escrow OPR - Operating Account SLG - State & Local Government Securities TAN - Tax Notes Trust - Endowment Trust Fund USI - U.S. Instrumentality UST - U.S. Treasury 163 Investment Portfolio As of August 31st 2020

Portfolio Summary Report: For the Month of August 2020: • Cash and investments earned $23,458 interest for the period. • Average yield for the month was 0.26%, which was more than the average 6 month T-bill rate of 0.10%. • Average yield for the: 12 month T-bill was 0.12%; 5 year T-bill was 0.16%; 10 year T-bill was 0.46%. • The weighted average effective maturity (WAM) at month end was 67 days.

Book Value

Ending Balance at July 31st, 2020 Ending Balance As of August 31st 2020 Deposits & Withdraws & Interest Amortization Total *1 City GEUS Purchases Redemptions Earnings & Other Chgs Total *1 City GEUS

Investment Pools $ 6,176,549 $ 2,865,141 $ 3,311,408 $ 1,294 $ 6,177,844 $ 2,865,742 $ 3,312,102 Govt. Securities 16,319,606 7,570,242 8,749,364 10,043 1,643 16,311,206 7,566,346 8,744,860 Bank 10,342,753 4,797,735 5,545,018 14,532,910 8,995,085 134 - 15,880,711 7,366,650 8,514,061

Total *3 $ 32,838,908 $ 15,233,118 $ 17,605,790 $ 14,532,910 $ 9,005,128 $ 1,428 $ 1,643 $ 38,369,761 $ 17,798,738 $ 20,571,024

Pooled Equity Net Increase / Amount Proportion (Decrease) Amount Proportion

City $ 22,315,961 46.3874% $ - $ 22,315,961 46.3874% GEUS 25,791,839 53.6126% - 25,791,839 53.6126%

Total *3 $ 48,107,800 $ - $ 48,107,800

Market Value

Ending Balance at July 31st, 2020 Ending Balance As of August 31st 2020 Deposits & Withdraws & Interest Unrealized Total *2 City GEUS Purchases Redemptions Earnings Gain / (Loss) Total *2 City GEUS

Investment Pools $ 6,176,549 $ 2,865,141 $ 3,311,408 $ - $ - $ 1,294 $ - $ 6,177,844 $ 2,865,742 $ 3,312,102 Govt. Securities 16,491,601 7,650,026 8,841,575 13,408 (13,495) 16,464,698 7,637,547 8,827,152 Bank 10,342,753 4,797,735 5,545,018 14,532,910 8,995,085 134 - 15,880,711 7,366,650 8,514,061

Total *3 $ 33,010,904 $ 15,312,902 $ 17,698,001 $ 14,532,910 $ 9,008,493 $ 1,428 $ (13,495) $ 38,523,254 $ 17,869,939 $ 20,653,315

Pooled Equity Net Increase / Amount Proportion (Decrease) Amount Proportion

City $ 22,315,961 46.3874% $ - $ 22,315,961 46.3874% GEUS 25,791,839 53.6126% - 25,791,839 53.6126%

Total *3 $ 48,107,800 $ - $ 48,107,800

Average Yield to Maturity for Period 0.26% 0.60% Yield 6 Month Treasury Bill for Period 0.10% Yield 12 Month Treasury Bill for Period 0.12% 0.50% Yield 5 Year Treasury Bill for Period 0.16% Yield 10 Year Treasury Bill for Period 0.46% 0.40%

6 Month

12 Month 0.30%

5 Year

10 Year 0.20% Average YTM 6 Month 12 Month 5 Year 10 Year 0.10% August 3, 2020 0.11% 0.12% 0.22% 0.56% 0.00% August 10, 2020 0.11% 0.13% 0.15% 0.42% 8/3 8/10 8/17 8/24 August 17, 2020 0.10% 0.12% 0.18% 0.49% August 24, 2020 0.12% 0.12% 0.18% 0.47%

WAM 67 Days

Footnotes: 1 - Government Securities stated at amortized cost / accretion 2 - Government Securities stated at fair value 3 - Difference in equity and investment balance is due to bank accounts balances in investments not reflecting outstanding checks or deposits in transit. The bank accounts are reconciled to the general ledger every month.

164 Investment Portfolio As of August 31st 2020

DIVERSIFICATION TEST: (Investment Policy) “The City’s investment portfolio shall remain sufficiently diversified in order to reduce risk, by investing in a variety of assets.”

Non Pooled Security Type Pooled Funds Funds Percentage of Pool Treasuries $ 7,237,059 $ - 7.14% Agencies 8,425,391 - 8.32% Depository CD - - 0.00% Brokered CD - - 0.00% Commercial Paper 802,249 12,983,114 13.61% Constant $ Pools 6,135,535 49,844,406 55.26% MMMF - - 0.00% Bank (Operating) 12,705,271 - 12.54% Bank (Savings) 3,175,440 - 3.13% TOTAL $ 38,480,945 $ 62,827,520

GRAND TOTAL $ 101,308,465

Recommended City Council And GEUS Board:

• Receive and file monthly investment reports as required. • Investment reports are required to be submitted to City Council quarterly.

Enclosures:

• City of Greenville and GEUS Cash and Investment Reports

Copies of Local Government Investment Pool newsletters are available upon request.

165 City of Greenville and GEUS Cash & Investment Report By Type of Investment at Market Value As of August 31st 2020

Pooled / Non- Maturities, Pooled Beginning Market Transfers, and/or Change in Ending Market Type * Account / Security Purchase Date Maturity Date Value New Purchases Market Value Value

P-Opr Logic - Operating n/a n/a $ 3,074,105 $ - $ 823 $ 3,074,929 NP-GO Logic - 2014 STREET BONDS n/a n/a - - - - P-Opr TexPool - Operating n/a n/a 3,060,147 - 460 3,060,607 NP-CO TexPool - 2001 CO's n/a n/a - - - - NP-CO TexPool - 2001A CO's n/a n/a 77,516 - 12 77,528 NP-CO TX CLASS - Operating n/a na/ 42,297 - 11 42,309 P-Opr TexSTAR Operating n/a n/a 0 - - NP-CO TexSTAR - 2002 CO's n/a n/a 256,428 - 36 256,464 NP-CO TexSTAR - 2003 WSSR n/a n/a - - - - P-TAN Chase City of Greenville Pooled Cash Savings 2911913371 n/a n/a 1,626,889 - 69 1,626,957 P-TAN Chase City of Greenville Pooled Cash Savings 3003113077 n/a n/a 1,548,417 - 65 1,548,483 NP-OPR TexasDaily - 2008 WSSR Proj.Const. (1157-03) n/a n/a 778,161 - 104 778,265 NP-ES TexasDaily 2008 GEUS Rev Bond-Debt Svc Dep. (1157-04) n/a n/a - - - - NP-CD TEXAS TERM - 2008 GEUS REV BOND (1157-04) 08/12/16 02/10/17 - - - - NP-OPR TexasDaily - 2010 GEUS Rev Bond-Debt Service (1157-06) n/a n/a - - - - NP-CD TEXAS TERM - 2010 GEUS REV. BOND (1157-06) 08/12/16 02/10/17 - - - - NP-Trust TexasDaily - Spence Endowment (1157-07) n/a n/a 602,349 - 81 602,430 NP-CD TEXAS CD PROGRAM - Spence Endowment (1157-07) 05/26/15 05/25/17 - - - - NP-CO TexasDaily - Series 2013 CO's Project Const Fund (1157-08) n/a n/a 2,084 - 0 2,084 NP-ES TexasDaily - Series 2013 CO's Debt Service Fund (1157-09) n/a n/a - - - - NP-ES TexasDaily - Public Safety Vehicle Replacement (1157-10) 01/00/00 01/00/00 905,414 - 121 905,536 NP-CD TEXAS CD PROGRAM - Public Safety Vehicle Replacement (1157-10) 09/30/16 10/02/17 - - - - NP-CP TEXAS TERM CP-Public Safety Vehicle Replacement (1157-10) 10/24/16 07/17/17 - - - - NP-ES TexasDaily - 2015 GO Project Construction (1157-11) n/a n/a 802,135 - 107 802,242 NP-ES Texas TERM - 2015 GO Project Construction (1157-11) 09/15/15 01/00/00 - - - - NP-CD TEXAS CD PROGRAM - 2015 GO Project Construction (1157-11A) 09/15/15 01/00/00 - - - - NP-CD TEXAS CD PROGRAM - 2015 GO Project Construction (1157-11B) 03/16/15 01/00/00 - - - - NP-ES 2015 GEUS Taxable Debt Service Reserve - 1157-12 09/29/15 n/a - - - - NP-ES 2015 GEUS Tax Exempt Debt Service Reserve - 1157-13 09/29/15 n/a - - - - NP-ES EXCHANGE BUILDING PROCEEDS-1157-14 1/8/2016 n/a 229,332 31 31 229,363 NP-ES TEXAS DAILY+TERM -General Operating Fund (1157-15) 3/16/2015 n/a 13,981,620 (998,506) (998,506) 12,983,114 NP-ES Texas CD PROGRAM-General Operating Fund (1157-15) 9/29/2015 n/a 2,726,000 - - 2,726,000 NP-ES Texas Daily - GEUS PTO Liability Funding Reserve (1157-16) 9/29/2015 n/a 503,447 - - 503,515 NP-ES Texas Daily - Series 2019 CO's WSSR Project Construct. (1157-17) 4/12/2019 n/a 10,607,616 - - 10,397,983 NP-ES TEXAS TERM - Series 2019 GO Street Bonds (1157-18) 12/23/19 n/a 12,453,896 - 12,453,896 NP-ES Texas Daily - Series 2019 GO Street Bonds (1157-18) 12/23/19 n/a 2,304,889 - 1,807,927 NP-ES TEXAS TERM - SRA Raw Water Sale Proceeds (1157-19) 12/27/19 n/a 13,500,000 - 13,500,000 NP-ES Texas Daily - SRA Raw Water Sale Proceeds (1157-19) 12/27/19 n/a 2,111 - 2,111 NP-ES Texas Daily - GEUS General Operating Fund (1157-20) 12/27/19 n/a 4,756,119 - 4,756,755 P-USI FED HOME LOAN BANK AGENCY NOTES 3130ABF92 05/15/17 05/28/19 - - - - P-USI US TREASURY NOTES 912828Q78 12/10/19 06/30/20 302,766 (281) - 302,484 P-USI FREDDIE MAC NOTES 3134GVJ66 07/01/20 06/08/22 981,097 66 - 981,162 P-USI FANNIE MAE NOTES 3135G0U27 05/01/20 04/13/21 701,268 (1,234) - 700,034 P-USI US TREASURY NOTES 912828D72 11/01/18 08/31/21 1,530,000 (2,344) - 1,527,656 P-USI FANNIE MAE NOTES 3135G0U84 11/01/18 10/30/20 1,509,890 (3,138) - 1,506,752 P-USI US TREASURY NOTES 912828YZ7 01/31/20 12/31/21 1,266,156 (1,744) - 1,264,413 P-USI US TREASURY NOTES 912828U65 12/03/19 10/31/21 500,489 (689) - 499,800 P-USI US TREASURY NOTES 912828A75 12/11/15 12/31/18 - - - - P-USI UNITED STATES TREASURY NOTES 912828YA2 08/31/20 08/15/22 1,486,392 207,436 - 1,693,828 P-USI US TREASURY NOTES 912828J50 (1) 03/18/19 02/29/20 - - - - P-USI FREDDIE MAC NOTES 3137EAET2 07/30/20 07/25/22 1,188,490 205 - 1,188,695 P-USI US TREASURY NOTES 912828WD8 12/11/15 10/31/18 - - - - P-USI US TREASURY NOTES 912828RC6 08/31/20 08/15/21 1,901,781 (220,844) - 1,680,938 P-USI MUFG BANK LTD/NY COMM PAPER 62479LJ48 12/11/19 09/04/20 499,887 102 - 499,989 P-USI CREDIT AGRICOLE BIB NY 22533TVF0 02/17/17 08/15/17 - - - - P-USI FHLB NOTES 3130A8DB6 06/21/16 06/21/19 - - - - P-USI US TREASURY NOTES 912828T34 10/16/19 09/30/21 1,517,109 (1,406) - 1,515,703 P-USI US TREASURY NOTES 912828TM2 02/17/15 08/31/17 - - - - P-USI US TREASURY NOTES 912828UR9 02/17/15 02/28/18 - - - - P-USI CREDIT AGRICOLE CIB NY COMM PAPER 22533TMF0 06/16/20 12/15/20 499,571 194 - 499,765 P-USI US TREASURY NOTES 912828Q78 11/06/19 04/30/21 807,375 (750) - 806,625 P-USI US TREASURY NOTES 912828UZ1 06/08/15 04/30/18 - - - - P-USI US TREASURY NOTES 912828F96 01/02/19 10/31/21 1,084,347 (1,491) 1,082,856 P-USI US TREASURY BILL 912796VF3 05/29/19 06/11/19 - - - P-USI US TREASURY NOTES 912828U65 11/06/19 11/30/21 714,984 (984) 714,000

Bank Balance P-Opr Bank Operating - Outbound 5260 n/a n/a - - - - P-Opr Bank Operating - Inbound 9632 n/a n/a 7,167,447 - 5,537,825 12,705,271

Restricted Investments

TOTAL $ 97,500,022 $ (1,025,379) $ 4,541,238 $ 101,308,465 WAM for Period is 67 Days

P - Pooled funds NP - Non-Pooled Funds CO - Certificate of Obligation CP - Commercial Paper ES-Escrow OPR - Operating Account SLG - State & Local Government Securities TAN - Tax Notes Trust - Endowment Trust Fund USI - U.S. Instrumentality UST - U.S. Treasury

166 City of Greenville and GEUS Cash & Investment Report By Type of Investment at Market Value As of August 31st 2020

Pooled / Non- Pooled City Beginning City Ending GEUS Beginning GEUS Ending Yield to Type * Account / Security Market Value Market Value Market Value Market Value Maturity

P-Opr Logic - Operating $ 1,425,998 $ 1,426,380 $ 1,648,107 $ 1,648,549 0.32% NP-GO Logic - 2014 STREET BONDS - - - - P-Opr TexPool - Operating 1,419,523 1,419,736 1,640,624 1,640,871 0.18% NP-CO TexPool - 2001 CO's - - - - 0.00% NP-CO TexPool - 2001A CO's 77,516 77,528 - - 0.18% NP-CO TX CLASS - Operating 42,297 42,309 - - 0.32% P-Opr TexSTAR Operating 0 0 - (0) 0.00% NP-CO TexSTAR - 2002 CO's 256,428 256,464 - - 0.16% NP-CO TexSTAR - 2003 WSSR - - - - 0.00% P-TAN Chase City of Greenville Pooled Cash Savings 2911913371 754,672 754,703 872,217 872,254 0.05% P-TAN Chase City of Greenville Pooled Cash Savings 3003113077 718,271 718,301 830,147 830,182 0.05% NP-OPR TexasDaily - 2008 WSSR Proj.Const. (1157-03) 778,161 778,265 - - 0.16% NP-ES TexasDaily 2008 GEUS Rev Bond-Debt Svc Dep. (1157-04) - - - - 1.66% NP-CD TEXAS TERM - 2008 GEUS REV BOND (1157-04) - - - - 0.00% NP-OPR TexasDaily - 2010 GEUS Rev Bond-Debt Service (1157-06) - - - - 1.66% NP-CD TEXAS TERM - 2010 GEUS REV. BOND (1157-06) - - - - 0.00% NP-Trust TexasDaily - Spence Endowment (1157-07) 602,349 602,430 - - 0.16% NP-CD TEXAS CD PROGRAM - Spence Endowment (1157-07) - - - - NP-CO TexasDaily - Series 2013 CO's Project Const Fund (1157-08) 2,084 2,084 - - 0.16% NP-ES TexasDaily - Series 2013 CO's Debt Service Fund (1157-09) - - - - NP-ES TexasDaily - Public Safety Vehicle Replacement (1157-10) 905,414 905,536 - - 0.16% NP-CD TEXAS CD PROGRAM - Public Safety Vehicle Replacement (1157-10) - - - - NP-CP TEXAS TERM CP-Public Safety Vehicle Replacement (1157-10) - - - - NP-ES TexasDaily - 2015 GO Project Construction (1157-11) 802,135 802,242 - - 0.16% NP-ES Texas TERM - 2015 GO Project Construction (1157-11) - - - - NP-CD TEXAS CD PROGRAM - 2015 GO Project Construction (1157-11A) - - - - NP-CD TEXAS CD PROGRAM - 2015 GO Project Construction (1157-11B) - - - - NP-ES 2015 GEUS Taxable Debt Service Reserve - 1157-12 - - - - 0.00% NP-ES 2015 GEUS Tax Exempt Debt Service Reserve - 1157-13 - - - - 0.00% NP-ES EXCHANGE BUILDING PROCEEDS-1157-14 229,332 229,363 - - 0.16% NP-ES TEXAS DAILY+TERM -General Operating Fund (1157-15) 6,485,711.01 6,022,529.86 7,495,908.84 6,960,583.77 0.13% NP-ES Texas CD PROGRAM-General Operating Fund (1157-15) 1,264,520.74 1,264,520.74 1,461,479.26 1,461,479.26 0.00% NP-ES Texas Daily - GEUS PTO Liability Funding Reserve (1157-16) - - 503,447 503,515 0.16% NP-ES Texas Daily - Series 2019 CO's WSSR Project Construct. (1157-17) 10,607,616.29 10,397,982.59 - - 0.16% NP-ES TEXAS TERM - Series 2019 GO Street Bonds (1157-18) 12,453,895.94 12,453,895.94 - 1.78% NP-ES Texas Daily - Series 2019 GO Street Bonds (1157-18) 2,304,889.27 1,807,926.57 - 1.66% NP-ES TEXAS TERM - SRA Raw Water Sale Proceeds (1157-19) 13,500,000.00 13,500,000.00 - 1.82% NP-ES Texas Daily - SRA Raw Water Sale Proceeds (1157-19) 2,110.58 2,110.86 - 1.66% NP-ES Texas Daily - GEUS General Operating Fund (1157-20) 4,756,119.30 - 4,756,119.30 4,756,755.24 1.66% P-USI FED HOME LOAN BANK AGENCY NOTES 3130ABF92 - - - - 1.38% P-USI US TREASURY NOTES 912828Q78 140,445 140,315 162,321 162,170 1.68% P-USI FREDDIE MAC NOTES 3134GVJ66 455,105 455,136 525,991 526,027 23.00% P-USI FANNIE MAE NOTES 3135G0U27 325,300 324,728 375,968 375,306 0.17% P-USI US TREASURY NOTES 912828D72 709,727 708,640 820,273 819,016 2.90% P-USI FANNIE MAE NOTES 3135G0U84 700,399 698,943 809,491 807,809 2.91% P-USI US TREASURY NOTES 912828YZ7 587,337 586,528 678,819 677,884 1.38% P-USI US TREASURY NOTES 912828U65 232,164 231,844 268,325 267,956 1.56% P-USI US TREASURY NOTES 912828A75 - - - - 1.50% P-USI UNITED STATES TREASURY NOTES 912828YA2 689,499 785,723 796,893 908,105 0.13% P-USI US TREASURY NOTES 912828J50 (1) - - - - 2.53% P-USI FREDDIE MAC NOTES 3137EAET2 551,310 551,405 637,180 637,290 0.18% P-USI US TREASURY NOTES 912828WD8 - - - - 0.00% P-USI US TREASURY NOTES 912828RC6 882,187 779,743 1,019,594 901,194 0.14% P-USI MUFG BANK LTD/NY COMM PAPER 62479LJ48 231,884 231,932 268,002 268,057 1.90% P-USI CREDIT AGRICOLE BIB NY 22533TVF0 - - - - 0.00% P-USI FHLB NOTES 3130A8DB6 - - - - 1.13% P-USI US TREASURY NOTES 912828T34 703,748 703,095 813,362 812,608 1.61% P-USI US TREASURY NOTES 912828TM2 - - - - 0.00% P-USI US TREASURY NOTES 912828UR9 - - - - 0.00% P-USI CREDIT AGRICOLE CIB NY COMM PAPER 22533TMF0 231,738 231,828 267,833 267,937 0.28% P-USI US TREASURY NOTES 912828Q78 374,520 374,172 432,855 432,453 1.65% P-USI US TREASURY NOTES 912828UZ1 - - - - 0.00% P-USI US TREASURY NOTES 912828F96 503,000 502,308.94 581,346 580,547 2.50% P-USI US TREASURY BILL 912796VF3 - - - - 2.24% P-USI US TREASURY NOTES 912828U65 331,663 331,206.09 383,322 382,794 1.62%

Bank Balance P-Opr Bank Operating - Outbound 5260 - - - - P-Opr Bank Operating - Inbound 9632 3,324,793 5,893,646 3,842,654 6,811,625 0.00%

Restricted Investments

TOTAL $ 70,363,862 $ 66,995,500 $ 31,892,279 $ 34,312,965 0.26% WAM for Period is 67 Days

167 GEUS Investments by Fund

As` of August 31st 2020

GEUS ENDING MARKET Purchase Maturity VALUE Date Date Fund 910 Fund 911 Fund 912 Fund 913 Fund 950 TOTAL Pooled Investments Logic - Operating n/a n/a $ 1,209,009 $ 560 $ 366,443 $ 6,709 $ 65,827 $ 1,648,549 TexPool - Operating n/a n/a 1,203,378 557 364,737 6,678 65,520 1,640,871 TEXAS DAILY+TERM -General Operating Fund (1157-15) 10/10/2017 n/a 5,104,738 2,365 1,547,216 28,328 277,937 6,960,584 Texas CD PROGRAM-General Operating Fund (1157-15) 10/3/2017 n/a 1,071,817 497 324,861 5,948 58,357 1,461,479 Chase City of Greenville Pooled Cash Savings 2911913371 n/a n/a 639,692 296 193,887 3,550 34,829 872,254 Chase City of Greenville Pooled Cash Savings 3003113077 n/a n/a 608,837 282 184,535 3,379 33,149 830,182 Bank Operating - Outbound 5260 n/a n/a ------Bank Operating - Inbound 9632 n/a n/a 4,995,495 2,314 1,514,105 27,722 271,989 6,811,625 FED HOME LOAN BANK AGENCY NOTES 3130ABF92 5/15/2017 5/28/2019 ------US TREASURY NOTES 912828Q78 12/10/2019 6/30/2020 118,932 55 36,047 660 6,475 162,170 FREDDIE MAC NOTES 3134GVJ66 7/1/2020 6/8/2022 385,776 179 116,926 2,141 21,004 526,027 FANNIE MAE NOTES 3135G0U27 5/1/2020 4/13/2021 275,241 128 83,424 1,527 14,986 375,306 US TREASURY NOTES 912828YZ7 1/31/2020 12/31/2021 497,145 230 150,682 2,759 27,068 677,884 US TREASURY NOTES 912828U65 12/3/2019 10/31/2021 196,513 91 59,562 1,091 10,700 267,956 CREDIT AGRICOLE CIB NY COMM PAPER 22533TMF0 6/16/2020 12/15/2020 196,499 91 59,558 1,090 10,699 267,937 UNITED STATES TREASURY NOTES 912828YA2 8/31/2020 8/15/2022 665,984 309 201,856 3,696 36,261 908,105 US TREASURY NOTES 912828J50 (1) 3/18/2019 2/29/2020 ------FREDDIE MAC NOTES 3137EAET2 7/30/2020 7/25/2022 467,374 217 141,658 2,594 25,447 637,290 US TREASURY NOTES 912828WD8 12/11/2015 10/31/2018 ------US TREASURY NOTES 912828RC6 8/31/2020 8/15/2021 660,916 306 200,320 3,668 35,985 901,194 MUFG BANK LTD/NY COMM PAPER 62479LJ48 12/11/2019 9/4/2020 196,587 91 59,584 1,091 10,704 268,057 CREDIT AGRICOLE BIB NY 22533TVF0 2/17/2017 8/15/2017 ------FHLB NOTES 3130A8DB6 6/21/2016 6/21/2019 ------US TREASURY NOTES 912828T34 10/16/2019 9/30/2021 595,949 276 180,628 3,307 32,448 812,608 US TREASURY NOTES 912828TM2 2/17/2015 8/31/2017 ------US TREASURY NOTES 912828D72 11/1/2018 8/31/2021 600,648 278 182,053 3,333 32,703 819,016 FANNIE MAE NOTES 3135G0U84 11/1/2018 10/30/2020 592,429 274 179,562 3,288 32,256 807,809 US TREASURY NOTES 912828F96 1/2/2019 10/31/2021 425,761 197 129,045 2,363 23,181 580,547 US TREASURY NOTES 912828Q78 11/6/2019 4/30/2021 317,151 147 96,127 1,760 17,268 432,453 US TREASURY NOTES 912828UZ1 6/8/2015 4/30/2018 ------US TREASURY BILL 912796VF3 5/29/2019 6/11/2019 ------US TREASURY NOTES 912828U65 11/6/2019 11/30/2021 280,733 130 85,088 1,558 15,285 382,794 Total Pooled Investments 21,306,605 9,870 6,457,904 118,238 1,160,078 29,052,695

Non-Pooled Investments TexasDaily 2008 GEUS Rev Bond-Debt Svc Dep. (1157-04) n/a n/a ------TEXAS TERM - 2008 GEUS REV BOND (1157-04) 8/12/2016 2/10/2017 ------TexasDaily - 2010 GEUS Rev Bond-Debt Service (1157-06) n/a n/a ------TEXAS TERM - 2010 GEUS REV. BOND (1157-06) 8/12/2016 2/10/2017 ------2015 GEUS Taxable Debt Service Reserve - 1157-12 9/29/2015 n/a ------2015 GEUS Tax Exempt Debt Service Reserve - 1157-13 9/29/2015 n/a ------Texas Daily - GEUS PTO Liability Funding Reserve (1157-16) 1/9/2019 n/a 463,233 - - - 40,281 503,515 Texas Daily - GEUS General Operating Fund (1157-20) 12/27/2019 n/a 4,756,755 - - - - 4,756,755 Total Non-Pooled Investments 5,219,989 - - - 40,281 5,260,270

Total Investments $ 26,526,593168 $ 9,870 $ 6,457,904 $ 118,238 $ 1,200,360 $ 34,312,965 Citizens of Greenville, Texas

Greenville City Council

City Secretary Boards and City Manager City Attorney Municipal Judge Carole Kuykendall Commissions Summer Spurlock Daniel W. Ray Gloria Peters-Mitchell

Police Chief Administrative Services/ Scott Smith Finance Director Talia Willner

Fire Chief Human Resources Director Jeremy Powell Sheri Wells

Interim Public Works Director Library Director Press Tompkins Olivia Moreno

Parks and Recreation Main Street Manager General Aviation Manager Director Doyle Dick Ty Helton Brett Quarles

Convention & Visitors Community Animal Control Supervisor Bureau/GMA Manager Development Brandon Krodle Kevin Banks Director Steve Methven

169 INVESTMENT REPORT PREPARED BY: TALIA WILLNER, ADMINISTRATIVE SERVICES & FINANCE DIRECTOR

SIGNATURE AND DATE: 9/17/2020 Talia Willner

170 171 172 173 174 175 176 177 178 179 180 181 182