City Manager’s Report · City Manager’s Report To: Mayor Paradise and Members of the Town...

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Transcript of City Manager’s Report · City Manager’s Report To: Mayor Paradise and Members of the Town...

Page 1: City Manager’s Report · City Manager’s Report To: Mayor Paradise and Members of the Town Council From: Matt Fielder, City Manager Date: May 15, 2017 Texas Water Development Board

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Page 2: City Manager’s Report · City Manager’s Report To: Mayor Paradise and Members of the Town Council From: Matt Fielder, City Manager Date: May 15, 2017 Texas Water Development Board

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Page 3: City Manager’s Report · City Manager’s Report To: Mayor Paradise and Members of the Town Council From: Matt Fielder, City Manager Date: May 15, 2017 Texas Water Development Board

City Manager’s Report

To: Mayor Paradise and Members of the Town Council

From: Matt Fielder, City Manager Date: May 15, 2017 Texas Water Development Board Project Funding Workshop Public Works Director Scott Williams and I attended a workshop put on by the Texas Water Development Board regarding funding opportunities for water, sewer and drainage projects. These primarily revolve around partnering with the State to utilize their bond rating when borrowing funds for projects. This results in better interest rates, but does require compliance with environmental and wage requirements not usually associated with Town projects. This would be most appropriate for large projects, such as drilling a new well, or rehabilitating the drainage channel.

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To: Melody Paradise, Mayor

From: Jessie Hanks, City Secretary

Date: May 15, 2017

Re: 2017 Municipal Election

One Election Precinct, 2112, covers the entire Town of Pantego, Tarrant County, Texas.

The election returns for Precinct 2112 are as follows:

Voter Turnout:

Total: Ballots Cast: 213 Registered Voters: 1,894 Voter Turnout: 11.25%

Early Voting: Ballots Cast: 87 Registered Voters: 1,894 Voter Turnout: 4.59%

Election Day: Ballots Case: 126 Registered Voters: 1,894 Voter Turnout: 6.66%

Town Council, Mayor

Doug Davis Unopposed

Town Council, Place 4

Russell Brewster Unopposed

Town Council, Place 5 Charlie Price Early Voting: 30 Election Day: 48 Total: 78 37.68%

Don Surratt Early Voting: 54 Election Day: 78 Total: 129 62.32%

G/A MEMO

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Town of Pantego Ordinance No. 17-806 1 Canvass General Election

ORDINANCE NO. 17-806 AN ORDINANCE OF THE TOWN OF PANTEGO, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD MAY 7, 2016 FOR THE PURPOSE OF ELECTING THE MAYOR AND TWO (2) COUNCIL MEMBERS TO THE TOWN COUNCIL OF THE TOWN OF PANTEGO AND PROVIDING AN EFFECTIVE DATE. WHEREAS: Ordinance No. 17-796 ordered the General Election that was held on Saturday, May 6,

2017, for the purpose of electing the Mayor and two (2) Council Members to Places 4 and 5 to be filled for two (2) year terms or until their successors are duly elected and qualified; and

WHEREAS: the Town Council has reviewed information presented by staff and has determined that all matters pertaining to said election, including the ordering, giving notice, cancelling of said election were accomplished in accordance with applicable requirements; and

WHEREAS: it is hereby officially found and determined that the meeting at which this Ordinance was

adopted was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551 of the Texas Government Code; and

WHEREAS: presentation of this ordinance at a meeting preceding the meeting at which the ordinance is enacted places an undue burden in administrative time and expense to the Town, and as reflected by the vote of two-thirds of the Councilmembers present, the requirements of Section 1.03.035(b) are hereby waived.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PANTEGO THAT:

Section 1. The Town Council officially finds and determines that said election was duly ordered, that proper notice of said election was duly given, that proper election officers were duly appointed prior to said election, that said election was duly held, that the Town has complied with the Federal Voting Rights Act and the Texas Election Code, that due returns of the result of said election have been made and delivered, and that the Town Council has duly canvassed said returns, all in accordance with law and the Ordinance calling the election.

Section 2. The official canvass of the returns of the General Election held on May 6, 2017 reflects

that the following named persons received the number of votes set opposite their names in the respective positions to be filled:

Early Election Total Under

Mayor Voting Day Voting Votes Votes Doug Davis 74 104 180 15.49%

Council Member, Place 4 Russell Brewster 74 98 174 18.31%

Council Member, Place 5 Charlie Price 30 48 78 2.82% Don Surratt 54 72 129 2.82%

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Town of Pantego Ordinance No. 17-806 2 Canvass General Election

Section 3. The official canvass of the returns of the General Election held on May 6, 2017 reflects that the following persons were duly elected to the respective positions shown:

Mayor Doug Davis Council Member, Place 4 Russell Brewster Council Member, Place 5 Don Surratt

Section 4. This Ordinance will take effect immediately upon its passage.

PASSED AND APPROVED AFTER WAIVER OF THE REQUIREMENTS OF TOWN CODE SECTION 1.03.035(b) THIS THE 15

th DAY OF MAY 2017 BY A VOTE OF ___ AYES, ___ NAYS, AND ___

ABSTENTIONS, AT A SPECIAL MEETING OF THE TOWN COUNCIL OF THE TOWN OF PANTEGO, TEXAS.

________________________________ Melody Paradise, Mayor

ATTEST: __________________________________ Jessie Hanks, City Secretary APPROVED AS TO FORM: __________________________________ Jim Jeffrey, City Attorney

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Town of Pantego Ordinance No. 17-806 1 Canvass Special Election

ORDINANCE NO. 17-807 AN ORDINANCE OF THE TOWN OF PANTEGO CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD MAY 6, 2017 AND PROVIDING FOR THE IMPLEMENTATION OF THE SALES AND USE TAX. WHEREAS: Ordinance No. 17-797 ordered the Special Election to be held on Saturday, May 6, 2017 on the PROPOSITION hereinafter; and WHEREAS: the Town Council has reviewed information presented by staff and has determined that

all matters pertaining to said election, including the ordering, giving notice, appointing election officers, holding and making returns of said election were accomplished in accordance with applicable requirements; and

WHEREAS: it is hereby officially found and determined that the meeting at which this Ordinance was

adopted was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551 of the Texas Government Code; and

WHEREAS: presentation of this ordinance at a meeting preceding the meeting at which the ordinance is enacted places an undue burden in administrative time and expense to the Town, and as reflected by the vote of two-thirds of the Councilmembers present, the requirements of Section 1.03.035(b) are hereby waived. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PANTEGO THAT:

Section 1. The Town Council officially finds and determines that said election was duly ordered, that proper notice of said election was duly given, that proper election officers were duly appointed prior to said election, that said election was duly held, that the Town has complied with the Federal Voting Rights Act and the Texas Election Code, that due returns of the result of said election have been made and delivered, and that the Town Council has duly canvassed said returns, all in accordance with law and the Ordinance calling the election.

Section 2. The Town Council officially finds and determines that the following votes were cast at said election, on the submitted PROPOSITION by the residents, qualified electors of the Town, who voted at the election:

PROPOSITION

Votes For: 192 § THE RE-AUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE TOWN OF PANTEGO, TEXAS, § AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR Votes Against: 14 § MAINTENANCE AND REPAIR OF MUNICIPAL STREETS.

Section 3. The Town Council officially finds, determines and declares the result of said election to be that the aforesaid PROPOSITION so submitted which is shown above has received a favorable majority vote, and such PROPOSITION has therefore passed.

Section 4. The Town Council hereby directs that, in accordance with the election, an additional

sales and use tax at the rate of one-fourth of one percent is hereby levied to provide funds for street maintenance and repair of municipal streets as provided in Chapter 327, Texas Tax Code, as amended and, after the passage of 30 days from the date of this

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Town of Pantego Ordinance No. 17-806 2 Canvass Special Election

resolution, the City Secretary shall provide notice of the enactment of such tax to the Texas Comptroller of Public Accounts.

Section 5. This Ordinance will take effect immediately upon its passage. PASSED AND APPROVED AFTER WAIVER OF THE REQUIREMENTS OF TOWN CODE SECTION 1.03.035(b) THIS THE 15

TH DAY OF MAY 2017 BY A VOTE OF ___ AYES, ___ NAYS, AND ___

ABSTENTIONS, AT A SPECIAL MEETING OF THE TOWN COUNCIL OF THE TOWN OF PANTEGO, TEXAS.

________________________________ Melody Paradise, Mayor

ATTEST: __________________________________ Jessie Hanks, City Secretary APPROVED AS TO FORM: ______________________________________ Jim Jeffrey, City Attorney

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AGENDA BACKGROUND

Director’s Review: City Manager’s Review:

AGENDA ITEM: Public Hearing, discuss, and direct on the Second and Final Reading of

Ordinance 17-804, an ordinance of the Town of Pantego, Texas, amending the

Code of Ordinances Chapter 14 Zoning.

Date: May 15, 2017

PRESENTER: Matt Fielder, City Manager BACKGROUND: On May 8

th, Council held a public hearing and the First Reading of the ordinance. The Second and Final

reading are on the agenda tonight. FISCAL IMPACT: None. RECOMMENDATION: Staff recommends Council approve the Second and Final Reading of Ordinance 17-804 as written. ATTACHMENTS: Ordinance 17-804 Zoning Map Exhibit A can be found in Dropbox or the Town’s Website

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Town of Pantego Ord. No. 17-804 1 Chapter 14 Zoning

ORDINANCE NO. 17-804

AN ORDINANCE AMENDING CHAPTER 14, “ZONING” OF THE CODE OF ORDINANCES

OF THE TOWN OF PANTEGO, TEXAS, BEING THE COMPREHENSIVE ZONING

ORDINANCE OF THE TOWN, TOGETHER WITH ALL AMENDMENTS THERETO; DEFINING

TERMS; CREATING CERTAIN ZONING DISTRICTS WITHIN THE TOWN OF A

RESIDENTIAL, COMMERCIAL AND INDUSTRIAL NATURE; ESTABLISHING STANDARDS

FOR HEIGHT, AREA, YARD, LOT SIZE AND OTHER REQUIRMENTS WITHIN EACH SUCH

DISTRICT; LISTING CERTAIN SPECIFC USES FOR WHICH PERMITS MAY BE GRANTED

AND STATING THE STANDARDS THEREFOR; PRESCRIBING THE HEIGHT, AREA, SIZE,

AND PLACEMENT OF SIGNS IN THE VARIOUS ZONING DISTRICTS; ESTABLISHING

PARKING AND VEHICLE LOADING AREA REQUIREMENTS IN THE VARIOUS DISTRICTS

AND FOR THE VARIOUS USES HEREIN AUTHORIZED; DEFINING NON-CONFORMING

USES AND PRESCRIBED PROCEDURES FOR THE CONTINUATION AND/OR

ABATEMENT THEREOF; PROVIDING FOR A PLANNING AND ZONING COMMISSION,

PRESCRIBING ITS DUTIES, AND SPECIFYING CERTAIN PROCEDURES THEREFOR;

PRESCRIBING THE METHOD OF AMENDMENT OF THIS ORDINANCE; PROVIDING FOR A

BOARD OF ADJUSTMENTS FOR APPEALS OF ZONING MATTERS; PROVIDING THE

CERTIFICATE OF OCCUPANCY FOR BUILDING AND USES IN THE TOWN; PROVIDING A

SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY

CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND

PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town of Pantego, Texas is a Type A general law municipality located in Tarrant

County, Texas, created in accordance with the provisions of Chapter 6 of the Texas Local

Government Code and operating pursuant to the enabling legislation of the State of Texas; and

WHEREAS, the Town Council is empowered under the Texas Local Government Code to adopt

ordinances and rules for the orderly and beneficial operation of City government and the welfare

of the citizens of Pantego; and

WHEREAS, the Town Council has not had a formal comprehensive revision of its Zoning Code or Official Zoning Map in a number of years, and after consultation with an urban planning consultant, and after adoption of a Comprehensive Plan November 12, 2012, and in accordance with the November 12, 2012 Comprehensive Plan, and taking into account existing uses and development within the Town, anticipated future uses and development, and in order to promote orderly use and development within the Town, and to promote public health, safety, morals and general welfare, and to protect property values, it was determined that a comprehensive revision and update to the Zoning Code is in the best interest of the public and the Town of Pantego and the Town Council therefore determined that it is necessary to amend the Code of Ordinances, Town of Pantego, Texas, Chapter 14, Zoning in its entirety and to also adopt a new Zoning Map; and

WHEREAS, on March 24, 2017 a draft of the amended Zoning Code was publicly posted on the Town’s website with an invitation for the public to participate in public hearings and comments; and

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Town of Pantego Ord. No. 17-804 2 Chapter 14 Zoning

WHEREAS, on May 1, 2017 the Town of Pantego’s Planning and Zoning Commission, conducted a public hearing on the draft of the amended Zoning Code after properly and duly posting notices and an agenda for a public meeting, and the Commission thereafter recommended that the Town Council adopt the amended Zoning Code and Zoning Map; and

WHEREAS, The Town Council of Pantego, Texas held a public hearing on the amended Zoning

Code on May 8, 2017 during a regularly scheduled Town Council Meeting at 7:30 p.m. and a

second public hearing on May 15, 2017 during a duly scheduled Town Council Meeting at 7:30

p.m. both meetings were held in the Town Council Chambers located at Town Hall 1614 S.

Bowen Road, after properly and duly posting notices and agendas for a public meeting,

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF

PANTEGO, TEXAS:

SECTION 1: ADOPTION OF PREAMBLE AND FINDINGS:

The preamble and findings of this ordinance are approved as findings of the Council, and are

adopted as part of this Ordinance and shall be included in Chapter 14 as a preamble and

findings to the new Zoning Code.

SECTION 2: ADOPTION OF A NEW COMPREHENSIVE ZONING CHAPTER:

The Code of Ordinances, Town of Pantego, Texas, Chapter 14, Zoning is hereby amended and replaced in its entirety with the completely rewritten Chapter !4 attached hereto as Exhibit A consisting of 136 pages, with each page of said Exhibit A marked with a footer labeled “Exhibit A – Zoning Code – Ordinance 17-804”, and the said newly rewritten Chapter 14 is incorporated into this Ordinance as if fully set forth herein in this Section 2, and shall henceforth be the Zoning Code of the Town of Pantego. SECTION 3: ADOPTION OF A NEW ZONING MAP The existing Zoning Map of the Town of Pantego is hereby replaced with a new Zoning Map consisting of the Item which is attached hereto labeled as “Zoning Map”, bearing the logo of the Town of Pantego and showing a date of April 2017. The districts and locations labeled and marked on the said April 2017 Zoning Map are hereby declared and designated as the Zoning Districts and locations of each such district for the Town of Pantego for all purposes of Chapter 14 – the Zoning Code of the Town of Pantego, which is adopted pursuant to Section 2 of this Ordinance. SECTION 4: PROVISIONS CUMULATIVE This Ordinance shall be cumulative of all provisions of the ordinances of the Town of Pantego, Texas, as amended, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.

SECTION 5: PROVISIONS SEVERABLE

That it is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause,

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Town of Pantego Ord. No. 17-804 3 Chapter 14 Zoning

sentence, paragraph or section of this Ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the Town Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section.

SECTION 6: SAVINGS CLAUSES

That all rights or remedies of the Town of Pantego, Texas, are expressly saved as to any and all violations that have accrued at the time of the effective date of this Ordinance, involving the provisions of any earlier or previous ordinances concerning the subjects of this Ordinance, that have already accrued at the time of the effective date of this Ordinance; and as to such accrued violations, and all pending litigation, both civil or criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. That all rights or remedies of the Town of Pantego, Texas, are expressly saved as to any and all

violations that have accrued at the time of the effective date of this Ordinance of the provisions

of any ordinances affecting gas exploration, production and development that have accrued at

the time of the effective date of this Ordinance; and as to such accrued violations, and all

pending litigation, both civil or criminal, same shall not be affected by this Ordinance but may be

prosecuted until final disposition by the courts.

SECTION 7: PENALTY CLAUSE

Any violation of this Ordinance shall be punished by a fine as set forth in Section 1.01.009 of the Code of Ordinances, Town of Pantego, Texas, subject to applicable State law. Each day that a violation exists shall constitute a separate offense. No notice of default required by this Ordinance shall be a precondition to immediate criminal enforcement due to a violation of this Ordinance.

SECTION 8: PUBLICATION IN OFFICIAL NEWSPAPER The Town Secretary of the Town of Pantego is hereby directed to publish the caption, penalty

and effective date of this ordinance in the official newspaper of the Town of Pantego, in

accordance with the requirements of Section 52.011 of the Texas Local Government Code.

SECTION 9: EFFECTIVE DATE

This ordinance shall be in full force and effect from and after its passage and publication as required by law.

PASSED AND APPROVED ON FIRST READING ON THE 8th

DAY OF MAY 2017, BY A VOTE OF 5 AYES, 0 NAYES, AND 0 ABSTENTIONS AT A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF PANTEGO, TEXAS.

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Town of Pantego Ord. No. 17-804 4 Chapter 14 Zoning

PASSED AND APPROVED ON SECOND AND FINAL READING THIS THE 15th

DAY OF MAY 2017,

BY A VOTE OF __ AYES, __ NAYES, AND __ ABSTENTIONS AT A REGULAR MEETING OF THE

TOWN COUNCIL OF THE TOWN OF PANTEGO, TEXAS.

By:______________________________

Doug Davis, Mayor

ATTEST:

______________________________

Jessie Hanks, City Secretary

APPROVED AS TO FORM:

__________________________

Jim Jeffrey, City Attorney

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Town Of Pantego Resolution No. 17-12 1 Interlocal Agreement Smith Barry Overlay

RESOLUTION NO. 17-12 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PANTEGO AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH AND BETWEEN TARRANT COUNTY FOR PAVING SERVICES ON SMITH BARRY ROAD. WHEREAS, the Texas Government Code, Chapter 791, authorizes the formulation of interlocal

cooperation agreements between and among local governments; and WHEREAS, the Town is requesting Tarrant County’s assistance in the two (2) inch mill and overlay of

Smith Barry Road at a width of 40 to 50 feet and a length of approximately 1,100 feet; and

WHEREAS, the Commissioner’s Court of Tarrant County and the Town Council of the Town of

Pantego mutually find that this agreement serves the common interests of both parties; will benefit the public; the division of costs fairly compensates both parties; and the Town and County have both authorized their representative to sign this agreement.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PANTEGO, TEXAS THAT: Section 1: the Town Council hereby authorizes the City Manager to enter into an Interlocal

Agreement with Tarrant County for paving services on Smith Barry Road between Pioneer Parkway and Gittiban Place.

Section 2: This resolution is effective immediately upon passage. PASSED AND APPROVED this the 15

th day of May 2017, at a regular meeting of the Town Council

of the Town of Pantego, Texas, by a vote of __ ayes, __ nays and __ abstentions.

______________________________ Doug Davis, Mayor

ATTEST: __________________________________ Jessie Hanks, City Secretary APPROVED AS TO FORM: __________________________________ Jim Jeffrey, City Attorney

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THE STATE OF TEXAS

INTERLOCAL AGREEMENT COUNTY OF TARRANT

This Interlocal Agreement is between Tarrant County, Texas (“COUNTY”), and the Town of Pantego (“TOWN”).

WHEREAS, the TOWN is requesting the COUNTY’s assistance in the two (2) inch mill and overlay of approximately 1,100 feet on Smith Berry Road from Pioneer Parkway to Gittiban Place (the “Project”). WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas Government Code provides legal authority for the parties to enter into this Agreement; and WHEREAS, during the performance of the governmental functions and the payment for the performance of those governmental functions under this Agreement, the parties will make the performance and payment from current revenues legally available to that party; and WHEREAS, the Commissioners Court of the COUNTY and the Town Council of the TOWN each make the following findings:

a. This Agreement serves the common interests of both parties; b. This Agreement will benefit the public; c. The division of costs fairly compensates both parties to this Agreement; and d. The TOWN and the COUNTY have authorized their representative to sign this

Agreement. e. Both parties acknowledge that they are each a “governmental entity” and not a

“business entity” as those terms are defined in Tex. Gov’t Code Section 2252.908, and therefore, no disclosure of interested parties pursuant to Tex. Gov’t Code Section 2252.908 is required.

NOW, THEREFORE, the COUNTY and the TOWN agree as follows:

TERMS AND CONDITIONS

1. COUNTY RESPONSIBILITY

The COUNTY will furnish the labor and equipment to assist the TOWN in completing the Project. The two (2) inch mill and overlay will consist of the following:

1.1 Mill two (2) inches of existing roadway; 1.2 Apply asphalt emulsion prime coat; and 1.3 Place and compact two (2) inches of Type D Hot Mix Asphalt Concrete.

Note: If sections of the existing sub-grade will not support a two (2) inch mill and overlay, COUNTY will stabilize and compact the sub-grade at a depth of ten (10) inches using Cem-Lime product at the identified failing sections. 2. TOWN RESPONSIBILITY

2.1 TOWN will furnish all materials for the Project and pay trucking charges. 2.2 TOWN will furnish a site for dumping waste in close proximity to job site for

materials generated during this project.

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2.3 TOWN will furnish all rights of way, plan specifications and engineering drawings. 2.4 TOWN will furnish necessary traffic controls including Type A barricades to

redirect traffic flow to alternate lanes during the construction phase of the Project. 2.5 TOWN will provide temporary pavement markings. 2.6 TOWN will ensure that the Project is cleared of obstructions which could damage

COUNTY equipment during construction. 2.7 TOWN will verify the location of all utility locations, mark those locations and then

remove the utilities that will interfere with the progress of the Project. 2.8 TOWN will provide any soil lab testing needed for the Project. 2.9 TOWN will furnish traffic control/flag personnel.

3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this Project. If the TOWN has a complaint regarding the construction of the project, the TOWN must complain in writing to the COUNTY no later than 30 days of the date of project completion. Upon expiration of 30 days after project completion, the TOWN will be solely responsible for maintenance and repairs of Smith Berry Road. 4. NO WAIVER OF IMMUNITY This Agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This Agreement does not waive TOWN rights under a legal theory of sovereign immunity. 5. OPTIONAL SERVICES

5.1 If requested by the TOWN, the COUNTY will apply permanent striping coordinated through the Transportation Department. Application of striping by the COUNTY is limited to Project roadway. If the TOWN desires permanent striping applied to any roadways or portions of roadways not covered by this Agreement, the TOWN will need to enter into a separate agreement with the COUNTY for the provision of those services.

5.2 If required, the TOWN will pay for engineering services, storm water run-off plans, and continuation of services and plan.

6. TIME PERIOD FOR COMPLETION The TOWN will give the COUNTY notice to proceed at the appropriate time. However, the COUNTY is under no duty to commence construction at any particular time. 7. THIRD PARTY The parties do not enter into this Agreement for the benefit of third parties. The intent of this Agreement excludes the idea of a suit by a third party beneficiary. The parties to this Agreement do not consent to the waiver of sovereign immunity under Texas law to the extent any party may have immunity under Texas law.

8. JOINT VENTURE & AGENCY

The relationship between the parties to this Agreement does not create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party.

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9. EFFECTIVE DATE This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. 10. TERMINATION OF AGREEMENT Either party may terminate this Agreement without cause by providing thirty (30) days prior written notice of intent to terminate to the other party. This Agreement will automatically terminate upon completion of the Project or September 30, 2017, whichever date occurs first. This Agreement may be renewed prior to its expiration upon the mutual consent of the parties in writing.

TARRANT COUNTY, TEXAS TOWN OF PANTEGO _______________________________ ___________________________ COUNTY JUDGE Authorized TOWN Official Date: ________________________ Date: ______________________ _______________________________ COMMISSIONER, PRECINCT 2 ANDY NGUYEN Attest: Attest: _______________________________ ___________________________ APPROVED AS TO FORM* APPROVED AS TO FORM**

_________________________________ __________________________________ Criminal District Attorney’s Office* TOWN Attorney ** * By law, the Criminal District Attorney’s Office may only approve contracts for its clients. We reviewed this document as to form from our client’s legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. ** By law, the Town Attorney may only approve contracts for his clients. I have reviewed this document as to form from my client’s legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel

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