NC - Newton: Regular Meeting

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Regular Meeting

AGENDA CITY OF NEWTON

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AGENDA CITY OF NEWTON

1855

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AGENDA CITY OF NEWTON

NEWTON CITY COUNCIL - REGULAR MEETING June 2, 2020 7:00 p.m.

No additional detail provided

Tagged Interests: council

1.
Call to Order Mayor Eddie Haupt

2. Opening Council Member Beverly Danner

Tagged Interests: council

3.
Approval of Minutes from the May 19, 2020, Regular Meeting

No additional detail provided

4.
Consideration of Consent Agenda Items

No additional detail provided

A.
Sewer Adjustments

No additional detail provided

Tagged Interests: sewer, utility, and Utility

B.
Consideration to Ratify a Resolution Certificate of Achievement to the Newton- Conover High School Girls Basketball Team State Co-Champions

No additional detail provided

Tagged Interests: education

C.
Consideration of Budget Ordinance Amendment Transfer of Electric Funds

No additional detail provided

Tagged Interests: funding, ordinance, budget, and electric

D.
Consideration of Leasing Municipal Property

5. Comments from the Public: (PERSONS WANTING TO MAKE A PUBLIC COMMENT ON NON-AGENDA ITEMS ARE ASKED TO SIGN IN WITH THE CITY CLERK PRIOR TO THE MEETING)

Tagged Interests: leasing and property

6.
Public Hearings

Tagged Interests: hearing

A.
Consideration of Fiscal Year 2021 Budget

No additional detail provided

Tagged Interests: budget

7.
Old Business

No additional detail provided

Tagged Interests: business

A.
Consideration to Adopt Fiscal Year 2021 Budget

No additional detail provided

Tagged Interests: budget

8.
New Business

No additional detail provided

Tagged Interests: business

A.
Consideration of Engineering Services for Asset Inventory and Assessment of the Wastewater System, and Approval of the Grant Fund Budget Ordinance

No additional detail provided

Tagged Interests: grant, ordinance, sewer, budget, and services

B.
Consideration of Budget Ordinance Amendment to Recognize Revenue and Authorize Expenditure for Capital Purchase in FY 2019-2020 Budget

9. City Manager s Report

Tagged Interests: ordinance, recognition, budget, purchasing, administrator, and manager

10.
Questions and Comments From Mayor and Council

A. Reports from Appointed Representatives on Outside Boards Council Member Beverly Danner

Tagged Interests: council, boards and commissions, and appointments

11.
Adjournment

PERSONS WANTING TO BE PLACED ON THE AGENDA FOR THE NEXT MEETING MUST CONTACT THE CITY MANAGER AT LEAST SEVEN WORKING DAYS BEFORE THE MEETING. The City of Newton does not discriminate on the basis of disability in the provision of its services as charged by the City Council of the City of Newton. All meetings are held in accessible facilities. Any person with a disability needing special accommodations should contact Sean Hovis, ADA Coordinator, at least 48 hours prior to the scheduled meeting. AGENDA CITY OF NEWTON

Tagged Interests: council, disability, services, administrator, and manager

NEWTON CITY COUNCIL - REGULAR MEETING June 2, 2020

:00 .m.

Tagged Interests: council

Call to Order Mayor Eddie Haupt

Opening Council Member Beverly Danner

No additional detail provided

Tagged Interests: council

Approval of Minutes from the May 19, 2020, Regular Meeting

Consideration of Consent Agenda Items

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29

No additional detail provided

1.
3.

No additional detail provided

4.
5.

No additional detail provided

6.
7.

No additional detail provided

8.
9.

No additional detail provided

10.
11.

B

c.
D

Sewer Adjustments Consideration to Ratify a Resolution Certificate of Achievement to the Newton- Conover High School Girls Basketball Team State Co-Champions

Tagged Interests: sewer, utility, Utility, and education

Consideration of Budget Ordinance Amendment Transfer of Electric Funds

Tagged Interests: funding, ordinance, budget, and electric

Consideration of Leasing Municipal Property Comments from the Public: (PERSONS WANTING TO MAKE A PUBLIC COMMENT ON NON-AGENDA ITEMS ARE ASKED TO SIGN IN WITH THE CITY CLERK PRIOR TO THE MEETING)

Public Hearings
Tagged Interests: leasing, property, and hearing

Consideration of Fiscal Year 2021 Budget

Old Business Consideration to Adopt Fiscal Year 2021 Budget New Business B
Tagged Interests: business and budget

Consideration of Engineering Services for Asset Inventory and Assessment of the Wastewater System, and Approval of the Grant Fund Budget Ordinance

Tagged Interests: grant, ordinance, sewer, budget, and services

Consideration of Budget Ordinance Amendment to Recognize Revenue and Authorize Expenditure for Capital Purchase in FY 2019-2020 Budget

City Manager's Report Ouestions and Comments From Mayor and Council
Tagged Interests: ordinance, recognition, council, budget, purchasing, administrator, and manager

Reports from Appointed Representatives on Outside Boards Danner

Tagged Interests: boards and commissions and appointments

Adjournment

MINUTES REGULAR MEETING OF THE NEWTON CITY COUNCIL

The regular meeting of the Newton City Council was held at 7 p.m. Tuesday, May 19, 2020 at Newton City Hall, and also electronically via Zoom.
Tagged Interests: council

PRESENT: Mayor Eddie Haupt

PRESENT ELECTRONICALLY VIA ZOOM: Mayor Pro Tem John Stiver and Council Members Jerry Hodge, Anne Wepner, Jody Dixon, Beverly Danner and Ed Sain STAFF PRESENT: City Manager Todd Clark, Assistant Manager Sean Hovis, City Clerk Amy S. Falowski, City Attorney John Cilley, Public Information Officer Alex Frick, and IS Director Chris Little PRESENT ELECTRONICALLY VIA ZOOM: City Department Heads and members of the management team PRESENT IN ADJACENT VIEWING AREA: IS Technician Spencer Hodges
Tagged Interests: council, legal, administrator, and manager

ITEM 1: CALL TO ORDER

Mayor Eddie Haupt welcomed everyone and called the meeting to order. ITEM 2: OPENING Invocation and Pledge of Allegiance

A.
Tax Releases

No additional detail provided

Tagged Interests: taxes and Taxes

B.
Sewer Adjustments

No additional detail provided

Tagged Interests: sewer, utility, and Utility

C.
Consideration of Pyrotechnics Display Permit for the American Legion Fairgrounds July, 4, 2020

No additional detail provided

Tagged Interests: fireworks

D.
Consideration to Approve an Ordinance to Waiver Agreement with North Carolina

Municipal Power Agency Number 1 and City of Newton

Tagged Interests: ordinance

(Ordinances, Resolutions and Proclamations are hereby referenced and on file in the Office of the City Clerk)

No additional detail provided

Tagged Interests: ordinance and recognition

ITEM 5: COMMENTS FROM THE PUBLIC: (IF YOU WISH TO MAKE A PUBLIC COMMENT ON NON-AGENDA ITEMS RELATED TO CITY BUSINESS, PLEASE EMAIL CITY CLERK AMY FALOWSKI AT CITYCLERK@NEWTONNC.GOV OR CALL 828-695-4359 TO LEAVE A VOICE COMMENT. ALL EMAILS AND VOICE COMMENTS MUST BE RECEIVED BY 5:00 PM ON APRIL 21, 2020)

Tagged Interests: business

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MINUTES REGULAR MEETING OF THE NEWTON CITY COUNCIL

The regular meeting of the Newton City Council was held at 7 p.m. Tuesday, May 19, 2020 at Newton City Hall, and also electronically via Zoom.
Tagged Interests: council

PRESENT: Mayor Eddie Haupt

PRESENT ELECTRONICALLY VIA ZOOM: Mayor Pro Tem John Stiver and Council Members Jerry Hodge, Anne Wepner, Jody Dixon, Beverly Danner and Ed Sain STAFF PRESENT: City Manager Todd Clark, Assistant Manager Sean Hovis, City Clerk Amy S. Falowski, City Attorney John Cilley, Public Information Officer Alex Frick, and IS Director Chris Little PRESENT ELECTRONICALLY VIA ZOOM: City Department Heads and members ofthe management team PRESENT IN ADJACENT VIEWING AREA: IS Technician Spencer Hodges
Tagged Interests: council, legal, administrator, and manager

ITEM 1: CALL TO ORDER

Mayor Eddie Haupt welcomed everyone and called the meeting to order. ITEM 2: OPENING Invocation and Pledge of Allegiance ITEM 4: That the Minutes from the May 5, 2020 Regular Meeting be APPROVED

CONSIDERATION OF CONSENT AGENDA ITEMS

Upon motion duly made by Council Member Jerry Hodge, seconded by Mayor Pro Tem John Stiver, it was unanimously RESOLVED That the Consent Agenda be APPROVED
Tagged Interests: council

A.
B.

No additional detail provided

C.
D.

Tax Releases Sewer Adjustments

Tagged Interests: sewer, taxes, Taxes, utility, and Utility

Consideration of Pyrotechnics Display Permit for the American Legion Fairgrounds July, 4, 2020

Consideration to Approve an Ordinance to Waiver Agreement with North Carolina Municipal Power Agency Number I and City of Newton
Tagged Interests: ordinance and fireworks

(Ordinances, Resolutions and Proclamations are hereby referenced and on file in the Office of the City Clerk)

No additional detail provided

Tagged Interests: ordinance and recognition

ITEM 5: COMMENTS FROM THE PUBLIC: (IF YOU WISH TO MAKE A PUBLIC COMMENT ON NON-AGENDA ITEMS RELATED TO CITY BUSINESS, PLEASE EMAIL CITY CLERK AMY FALOWSKI AT CITYCLERK@NEWTONNC.GOV OR CALL 828-695-4359 TO LEAVE A VOICE COMMENT. ALL EMAILS AND VOICE COMMENTS MUST BE RECEIVED BY 5:00 PM ON APRIL 21, 2020)

Tagged Interests: business

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Mayor Eddie Haupt asked if anyone present would like to make comment concerning non-agenda items.

No one appeared, and there were no e-mails or voice mails to be read.

ITEM 6: New Business

Tagged Interests: business

A.
Presentation of Fiscal year 2020-2021 Budget

City Manager Todd Clark reviewed his message to the Council on the Fiscal Year 2020-2021 Budget.

Tagged Interests: council, budget, administrator, and manager

Mayor Haupt and City Council thanked staff for their hard work and for presenting such a conservative budget.

No additional detail provided

Tagged Interests: council and budget

ITEM 7: City Manager s Report

Meetings Events Other Recognition of Newton-Conover Women s State Basketball Champions, May, 28th at noon Budget Workshops 26th, 27th and 28th 5:30 to 7:00 p.m.

Tagged Interests: recognition, budget, events, administrator, and manager

ITEM 8: Questions and Comments from Mayor and Council

Tagged Interests: council

Mayor Haupt asked if there were any questions or comments from City Council.

Tagged Interests: council

Mayor Pro Tem John Stiver gave a report on the Tree Board and ElectriCities.

ITEM 9: Adjournment Upon motion duly made by Council Member Jody Dixon, seconded by Council Member Ed Sain, it was unanimously RESOLVED: That the Meeting be RECESSED until the Budget Workshop, May 26th at 5:30 p.m.
Tagged Interests: council, boards and commissions, budget, electric, and trees

________________________________ Eddie Haupt, Mayor

_________________________________ Amy S. Falowski, City Clerk

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Mayor Eddie Haupt asked if anyone present would like to make comment concerning non-agenda items.

No one appeared, and there were no e-mails or voice mails to be read.

ITEM 6: New Business

Tagged Interests: business

A.
Presentation of Fiscal year 2020-2021 Budget

City Manager Todd Clark reviewed his message to the Council on the Fiscal Year 2020-2021 Budget.

Tagged Interests: council, budget, administrator, and manager

Mayor Haupt and City Council thanked staff for their hard work and for presenting such a conservative budget.

ITEM 7: ITEM 8: City Manager's Report Meetings Events Other Recognition of Newton-Conover Women's State Basketball Champions, May, 28th at noon Budget Workshops 26th, 27th and 28th - 5:30 to 7:00 p.m. Questions and Comments from Mayor and Council

Tagged Interests: recognition, council, budget, events, administrator, and manager

Mayor Haupt asked if there were any questions or comments from City Council.

Tagged Interests: council

Mayor Pro Tem John Stiver gave a report on the Tree Board and ElectriCities.

ITEM 9: Adjournment Upon motion duly made by Council Member Jody Dixon, seconded by Council Member Ed Sain, it was unanimously RESOLVED That the Meeting be RECESSED until the Budget Workshop, May 26th at 5:30 p.m.
Tagged Interests: council, boards and commissions, budget, electric, and trees

Amy S. Falowski, City Clerk

Eddie Haupt, Mayor 1855

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CITY OF NEWTON

Sewer Adjustments

Tagged Interests: sewer, utility, and Utility

TO: E. Todd Clark, City Manager DATE: 5/27/2020 RE: Sewer Adjustments 06/02/2020 FROM: Vickie Thomas, Finance Director

The following sewer adjustment is recommended for approval. The adjustment is recommended as a result of a water leak at the service address or a pool fill up. Account Number Name Service Address Adjustment Period

Tagged Interests: finance, sewer, utility, Utility, water, administrator, and manager

Amount of Adjustment

53000940-003 Brett Williams 2315 Brookwood Ave May- Pool 74.62 22002200-006 Tina Bayonet 421 Clover Ln May- Pool 97.36 45001280-001 James Kimball 218 Kilborne Dr May- Pool 125.93 44001100-001 Evelyn Johnson 809 W 6th St Cir Feb- Apr 118.35

Backup documentation to support each adjustment is on file in the Finance Department. Should you have questions or require further clarification, please notify.

No additional detail provided

Tagged Interests: finance

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CITY OF NEWTON

TO: FROM: Feb- Apr Sewer Adjustments
Tagged Interests: sewer, utility, and Utility

E.
Todd Clark, City Manager Sewer Adjustments 06/02/2020 Vickie Thomas, Finance Director

DATE: 5/27/2020 The following sewer adjustment is recommended for approval. The adjustment is recommended as a result of a water leak at the service address or a pool fill up. Account Number 53000940-003 22002200-006 45001280-001 44001100-001 Name Brett Williams Tina Bayonet James Kimball Evelyn Johnson Service Address 2315 Brookwood Ave 421 Clover Ln 218 Kilborne Dr

Tagged Interests: finance, sewer, utility, Utility, water, administrator, and manager

809 W 6th st Cir

Adjustment Amount of Period Adjustment PoolMay- - PoolMay PoolMay- 74.62 97.36 125.93 118.35

Backup documentation to support each adjustment is on file in the Finance Department. Should you have questions or require further clarification, please notify.

No additional detail provided

Tagged Interests: finance

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6 CITY OF NEWTON RESOLUTION 4-2020

CITY OF CONOVER RESOLUTION 18-20

CERTIFICATE OF ACHIEVEMENT NEWTON-CONOVER HIGH SCHOOL GIRLS BASKETBALL TEAM

STATE CO-CHAMPIONS WHEREAS, the Newton-Conover High School Lady Red Devils Basketball Team was named State 2A Co-Champions; and WHEREAS, the Lady Red Devils are state champions for the second time in program history and the first time since 1992; and WHEREAS, the team finished the 2019-20 season with an overall record of 29-2; and WHEREAS, the team had a record of 14-0 in the South Fork 2A Conference, naming them the South Fork 2A Conference Champions two years in a row; and WHEREAS, the team was named South Fork Conference Tournament Champions three years in a row; and WHEREAS, four members of the team were named all-conference; and WHEREAS, Chyna Cornwell was named back-to-back Conference Player of the Year, NC Player of the Year, and Miss NC Basketball; and WHEREAS, the Lady Red Devils' coaches were recognized as Conference Coaching Staff of the Year two years in row; and WHEREAS, the team's unweighted grade point average is 3.55; and WHEREAS, the team players are Chyna Cornwell, Mackenzie Johnson, Jahlea Peters, Aaliah Walton, Nalece Duncan, Jaelyn Hayes, Grace Loftin, Mia Powell, Emma Fox, and Cassidy Geddes. The scorekeeper is Maddie Barrymore. The team is managed by Karlee Davis and filmed by Brandon Geddes. The team is coached by Sylvia White, Colton Medlin, Tasha Redmon, Jennifer Canrobert, and Tasha Herman. NOW, THEREFORE, BE IT RESOLVED that the Newton City Council, on behalf of the citizens of Newton, and the Conover City Council, on behalf of the citizens of Conover, publicly commends the Newton-Conover High School Girls' Basketball Team for these outstanding achievements.
Tagged Interests: recognition, council, program, education, and history

Adopted this the 28th day of May, 2020

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Ne on yor E ie a pt

ewton Ci Clerk Amy S. Falowski

Conover Mayor Lee E. Moritz, Jr.

Conover City Clerk Courtney Kennedy

4/11

CITY OF NEWTON REQUEST FOR COUNCIL ACTION

Tagged Interests: council

DATE: May 28, 2020

No additional detail provided

TO: Newton City Council

FROM: Todd Clark, City Manager CONSIDERATION OF: Consideration of Budget Ordinance Amendment Approved for Council Consideration ________________________ Background: The staff recommends a budget amendment appropriating 535,950 from the Electric Fund to the General Fund as a return on investment consistent with the laws of the State of North Carolina. The budget amendment, if approved, will provide assistance to the General Fund during this time of protracted sales tax and property tax revenue due to COVID-19. Additionally, the budget amendment will provide for the stabilization of the General Fund next fiscal year as we anticipate the continued loss of sales and property tax revenue. Requested Action:
Tagged Interests: coronavirus, ordinance, council, budget, sale, taxes, Taxes, electric, property, investment, administrator, manager, and property tax

The staff recommends approval of the budget amendment attached to this Request for Council Action

Tagged Interests: council and budget

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CITY OF NEWTON REQUEST FOR COUNCIL ACTION

No additional detail provided

Tagged Interests: council

DATE: May 28, 2020

No additional detail provided

TO: Newton City Council

FROM: Todd Clark, City Manager CONSIDERATION OF: Consideration of Budget Ordinance Amendment Approved for Council Consideration Background: The staff recommends a budget amendment appropriating 535,950 from the Electric Fund to the General Fund as a return on investment consistent with the laws of the State of North Carolina. The budget amendment, if approved, will provide assistance to the General Fund during this time of protracted sales tax and property tax revenue due to COVID- 19. Additionally, the budget amendment will provide for the stabilization of the General Fund next fiscal year as we anticipate the continued loss of sales and property tax revenue. Requested Action:
Tagged Interests: ordinance, council, budget, sale, taxes, Taxes, electric, property, investment, administrator, manager, and property tax

The staff recommends approval of the budget amendment attached to this Request for Council Action

Tagged Interests: council and budget

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ORDINANCE

No additional detail provided

Tagged Interests: ordinance

AN ORDINANCE TO AMEND REVENUES AND EXPENDITURES FOR FISCAL YEAR 2019-2020 FOR THE CITY OF NEWTON

No additional detail provided

Tagged Interests: ordinance

WHEREAS, The City Council of the City of Newton have adopted a Budget Ordinance for fiscal year beginning July 1, 2019, and ending June 30, 2020, in accordance with the General Statutes of the State of North Carolina, and

WHEREAS, the City Council desires to make a transfer from the Electric Department to the General Fund as a return on investment.
Tagged Interests: ordinance, council, budget, electric, and investment

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, NORTH CAROLINA, THAT:

THE FOLLOWING SOURCE OF REVENUE AND APPROPRIATION ARE HEREBY APPROVED. General Fund Revenue Fund Balance Appropriation 11-0000.3990 ( 535,950) Transfer from Electric Fund 11-0000.3963 535,950 Electric Fund Appropriation Transfer to General Fund 63-9100.9911 535,950 Reserve for Rate Stabilization 63-9100.9923 (535,950)

Tagged Interests: funding, council, and electric

Adopted this 2nd day of June, 2020.

Eddie Haupt, Mayor

Amy S. Falowski, City Clerk

No additional detail provided

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ORDINANCE

Tagged Interests: ordinance

AN ORDINANCE TO AMEND REVENUES AND EXPENDITURES FOR FISCAL YEAR 2019-2020 FOR THE CITY OF NEWTON

No additional detail provided

Tagged Interests: ordinance

WHEREAS, The City Council of the City of Newton have adopted a Budget Ordinance for fiscal year beginning July 1, 2019, and ending June 30, 2020, in accordance with the General Statutes of the State of North Carolina, and

WHEREAS, the City Council desires to make a transfer from the Electric Department to the General Fund as a return on investment.
Tagged Interests: ordinance, council, budget, electric, and investment

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, NORTH CAROLINA, THAT:

THE FOLLOWING SOURCE OF REVENUE AND APPROPRIATION ARE HEREBY APPROVED. Revenue Fund Balance Appropriation Transfer from Electric Fund

Tagged Interests: funding, council, and electric

Appropriation Transfer to General Fund Reserve for Rate Stabilization

No additional detail provided

Tagged Interests: funding

Adopted this 2nd day of June, 2020.

Amy S. Falowski, City Clerk

General Fund

11-0000.3990 11-0000.3963

Electric Fund

Tagged Interests: electric

63-9100.9911 63-9100.9923

Eddie Haupt, Mayor 1855

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( 535,950) 535,950

535,950 (535,950)

CITY OF NEWTON REQUEST FOR COUNCIL ACTION

Tagged Interests: council

DATE: May 29, 2020

No additional detail provided

TO: Mayor and City Council

FROM: Todd Clark, City Manager CONSIDERATION OF: Leasing Municipal Property Approved for Council Consideration ______________________________ Background: The City Council held a Special Meeting on May 27, 2020, to consider the possible leasing of the former Fire Department Headquarters station and parking area behind said headquarters building on West A Street in Newton. The proposed tenant for the former Fire Headquarters is D9 Brewing Company. After a lengthy discussion concerning the possibility of entering a long-term lease with D9 Brewing Company, and the terms thereof, Council determined that it would like to enter into such agreement with the proposed tenant provided that the City of Newton and D9 Brewing Company could agree to mutually acceptable terms for a long-term rental agreement of less than ten (10) years as required by North Carolina General Statute 160A-272. The Council reached a consensus as to specific terms the City would require of the Tenant, including but not limited to, the length of the lease, the rental amount for the building and adjoining parking area, the requirement of general liability insurance with specific amounts of coverage required for property damage, bodily injury, personal injury or death, and general maintenance, upgrades and repair of the interior of the building. The tenant would also be responsible for the payment of all utilities associated with the use of the building. Council then instructed the City Manager to negotiate the terms of a possible lease with D9 Brewing Company within parameters as set by Council and then report back to Council at the next regularly scheduled meeting of City Council as to whether these terms were acceptable to the proposed tenant. Action Suggested: The recommendation of the City Manager is for City Council to consider the terms as negotiated and presented by the City Manager with D9 Brewing Company, and after any changes requested by Council, that the facility be leased to D9 Brewing Company, and further, that the City Attorney be directed to draft a Lease Agreement for execution after final consideration at an upcoming meeting of City Council. It is also recommended that the City Clerk be directed to publish the Notice of Intent to lease the subject property at least thirty (30) days prior to authorizing the execution of said lease as required by North Carolina General Statute 160A-272 (a1).

Tagged Interests: Homebuilder, council, legal, facility, leasing, streets, utility, Utility, fire departments and districts, insurance, rental, property, administrator, manager, and parking

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CITY OF NEWTON REQUEST FOR COUNCIL ACTION

Tagged Interests: council

DATE: May 29, 2020

No additional detail provided

TO: Mayor and City Council

FROM: Todd Clark, City Manager CONSIDERATION OF: Leasing Municipal Property Approv for Council Consideration Background: The City Council held a Special Meeting on May 27, 2020, to consider the possible leasing of the former Fire Department Headquarters station and parking area behind said headquarters building on West A Street in Newton. The proposed tenant for the former Fire Headquarters is D9 Brewing Company. After a lengthy discussion concerning the possibility of entering a long-term lease with D9 Brewing Company, and the terms thereof, Council determined that it would like to enter into such agreement with the proposed tenant provided that the City of Newton and D9 Brewing Company could agree to mutually acceptable terms for a long-term rental agreement of less than ten (10) years as required by North Carolina General Statute 160A-272. The Council reached a consensus as to specific terms the City would require of the Tenant, including but not limited to, the length of the lease, the rental amount for the building and adjoining parking area, the requirement of general liability insurance with specific amounts of coverage required for property damage, bodily injury, personal injury or death, and general maintenance, upgrades and repair of the interior of the building. The tenant would also be responsible for the payment of all utilities associated with the use of the building. Council then instructed the City Manager to negotiate the terms of a possible lease with D9 Brewing Company within parameters as set by Council and then report back to Council at the next regularly scheduled meeting of City Council as to whether these terms were acceptable to the proposed tenant. Action Suggested: The recommendation of the City Manager is for City Council to consider the terms as negotiated and presented by the City Manager with D9 Brewing Company, and after any changes requested by Council, that the facility be leased to D9 Brewing Company, and further, that the City Attorney be directed to draft a Lease Agreement for execution after final consideration at an upcoming meeting of City Council. It is also recommended that the City Clerk be directed to publish the Notice of Intent to lease the subject property at least thirty (30) days prior to authorizing the execution of said lease as required by North Carolina General Statute 160A-272 (al).

Tagged Interests: Homebuilder, council, legal, facility, leasing, streets, utility, Utility, fire departments and districts, insurance, rental, property, administrator, manager, and parking

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City of Newton Budget Changes Recommended by Council at Budget Workshop

FY 2020-2021
Tagged Interests: council and budget

Total Revenues Budget by Fund

General Fund: Fund Balance Appropriated ( 577,800 to 756,350)
Tagged Interests: budget

Total Expenditures Budget by Fund

General Fund: Fire Department-Vehicle Repair Maintenance ( 56,000 to 65,000) Contingency (SO to 168,550)

Tagged Interests: budget and fire departments and districts

Summary of Financial Changes:

General Fund 16,057,500 178,550 16,236.050 10,000 168,550 Water/ Wastewater Fund 10,029,750 10.029 750
Tagged Interests: finance, sewer, utility, Utility, and water

2
3

Electric Fund 19,988,200
Tagged Interests: electric

19
988.200

Federal Asset Seizure Fund 7,800 T j- 7,800

Powell Bill Fund 400,500

400.500 400,500 Emergency Telephone System Fund 19,150 19,150 Health Fund Total 178,550 48.547 200 10,000 168,550 Increase Fund Balance Appropriated by 178,550 (from 577,800 to 756,350), 10,000 for increase in Fire Dept. Vehicle Repair Maintenance and 168,550 for potentially lower Rural Fire District Tax revenue (if rate increase is not adopted by Catawba County)-
Tagged Interests: health, rural, taxes, Taxes, fire departments and districts, and emergency

2
Increase the Fire Departnent's Vehicle Repair Maintenance by 10,000 from 55,000 to 65,000- 3 Increase in Contingency for potential lower Rural Fire District Tax revenue (if rate increase is not adopted by Catawba County).

No additional detail provided

Tagged Interests: rural, taxes, Taxes, and fire departments and districts

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2020-2021 FOR THE CITY OF NEWTON.

Ad Valorem Taxes 6,103,500 Penalties and Interest 36,000 Rural District Fire Tax 924,550 Local Option Sales Taxes 2,756,700 Utilities Sales Tax 958,000 Motor Vehicle License Fee 351,000 Payment in Lieu of Taxes 525,850 Federal Grants 55,000 Beer and Wine 56,000 Solid Waste Disposal Tax 9,000 Licenses 100 Cable Franchise 60,000 Precious Metals Permits 200 Golf Cart Registration/Inspections 1,000 Sanitation Fees 1,438,600 Cardboard and White Good Fees 4,000 Planning and Zoning Fees 7,500 Cemetery Fees 10,000 Recreation Fees and Concessions 51,000 Court Cost Fees 2,000 Fire Inspection Fees 41,000 Other Sales and Services 6,800 Sale of Surplus Assets 8,000 Other Miscellaneous 136,250 Investment Income 11,000 Proceeds from Borrowing 1,390,650 Transfer from Electric Fund 536,000 Fund Balance Appropriated 756,350

ORDINANCE AN ORDINANCE ESTABLISHING REVENUES AND AUTHORIZING EXPENDITURES FOR FISCAL WHEREAS, the City Council of the City of Newton has prepared an operating budget for the City of Newton in compliance with Article 3, Chapter 159-7 of the General Statutes of the State of North Carolina, otherwise titled the Local Government Budget and Fiscal Control Act ; and WHEREAS, after holding public hearing on said budget on June 2, 2020 and receiving public comment, it is now the desire of the Mayor and City Council to adopt said budget; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NEWTON that: Section 1. The following revenues are hereby established for the operation of the City of Newton and its activities for Fiscal Year 2020-2021. General Fund Revenues
Tagged Interests: payment in lieu of taxes, impact fee, planning, alcohol, grant, rural, ordinance, council, legal, budget, sale, taxes, Taxes, utility, solid waste, Utility, Telecommunications, zoning, surplus, services, electric, telecommunications, investment, hearing, compliance, license, golf, Local Option Sales Tax, ad valorem, court, and recreation

11
ORDINANCE

AN ORDINANCE ESTABLISHING REVENUES AND AUTHORIZING EXPENDITURES FOR FISCAL 2020-2021 FOR THE CITY OF NEWTON. WHEREAS, the City Council of the City of Newton has prepared an operating budget for the City of Newton in compliance with Article 3, Chapter 159-7 of the General Statutes of the State of North Carolina, otherwise titled the Local Government Budget and Fiscal Control Act ; and WHEREAS, after holding public hearing on said budget on June 2, 2020 and receiving public comment, it is now the desire of the Mayor and City Council to adopt said budget; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NEWTON that: Section 1. The following revenues are hereby established for the operation of the City of Newton and its activities for Fiscal Year 2020-2021. General Fund Revenues Ad Valorem Taxes Penalties and Interest Rural District Fire Tax Local Option Sales Taxes Utilities Sales Tax Motor Vehicle License Fee Payment in Lieu of Taxes Federal Grants Beer and Wine Solid Waste Disposal Tax Licenses Cable Franchise Precious Metals Permits Golf Cart Registration/lnspections Sanitation Fees Cardboard and White Good Fees Planning and Zoning Fees Cemetery Fees Recreation Fees and Concessions Court Cost Fees Fire Inspection Fees Other Sales and Services Sale of Surplus Assets Other Miscellaneous Investment Income

Tagged Interests: payment in lieu of taxes, impact fee, planning, alcohol, grant, rural, ordinance, council, legal, budget, sale, taxes, Taxes, utility, solid waste, Utility, Telecommunications, zoning, surplus, services, telecommunications, investment, hearing, compliance, license, golf, Local Option Sales Tax, ad valorem, court, and recreation

Proceeds from Borrowing Transfer from Electric Fund Fund Balance Appropriated

Sub-total
Tagged Interests: electric

11
6, 103,500 36,000

924,550 2,756,700 958,000 351,000 525,850 55,000 56,000 9,000 100 60,000 200

1
,ooo

4,000 7,500 10,000 51,000 2,000

41
,000

6,800 8,000 136,250 1 1 ,ooo 536,000 756,350 Federal Asset Seizure Fund Revenues Fund Balance Appropriated 7,800

Powell Bill Fund Revenues Powell Bill 400,000 Investment Income 500

Tagged Interests: investment

Emergency Telephone System Fund Revenues E911 Revenues 19,150 Investment Income 0

Water Wastewater Fund Revenues Charges for Service - Water 4,377,700 Charges for Service - Wastewater 3,314,900 Other Operating Revenues 395,150 Investment Income 1,000 Proceeds from Borrowing 1,941,000 Electric Fund Revenues Electric Sales 14,783,450 Other Operating Revenue 3,513,800 Electric Sales Tax 781,000 Investment Income 2,000 Proceeds from Borrowing 907,950

Tagged Interests: sewer, 911, sale, taxes, Taxes, utility, Utility, public safety, emergency, water, electric, and investment

Health Insurance Fund Revenues Investment Income 1,000 Contributions 1,864,750

Tagged Interests: health, insurance, health insurance, and investment

TOTAL REVENUES 48,547,200

No additional detail provided

12
Federal Asset Seizure Fund Revenues

Fund Balance Appropriated Sub-total

Powell Bill Fund Revenues

Powell Bill Investment Income

Sub-total
Tagged Interests: investment

Emergency Telephone System Fund Revenues E911 Revenues Investment Income

Sub-total Water Wastewater Fund Revenues

Tagged Interests: sewer, 911, utility, Utility, public safety, emergency, water, and investment

Charges for Service - Water Charges for Service - Wastewater Other Operating Revenues Investment Income

No additional detail provided

Tagged Interests: sewer, utility, Utility, water, and investment

Proceeds from Borrowing Sub-total

Electric Fund Revenues Electric Sales
Tagged Interests: sale and electric

Other Operating Revenue Electric Sales Tax Investment Income

Tagged Interests: sale, taxes, Taxes, electric, and investment

Proceeds from Borrowing Sub-total

Health Insurance Fund Revenues

Investment Income Contributions Subtotal TOTAL REVENUES
Tagged Interests: health, insurance, health insurance, and investment

12
7,800 7,800

400,000 500 400,500 19,150 19,150 395,150 1 ,ooo

1
,941 ,ooo

14,783,450 3,513,800 781,000 2,000 907,950

1
,ooo

activities for Fiscal Year 2020-2021.

General Fund Appropriations Governing Board 15,400 Administration 518,950 Finance 158,350 Purchasing/Warehouse 41,900 Information Systems 279,500 Human Resources 300,500 Human Resources - Post-Retirement 106,300 Public Works Administration 179,700 Public Works Garage 144,850 Public Works Street Drainage 1,783,900 Public Works Sanitation 1,456,600 Municipal Buildings 213,550 Police 3,599,700 Police - Civilians 596,800 Fire 4,163,100 Planning 303,650 Main Street 133,000 Parking Lots 4,850 Parks Recreation - Administration 808,500 Parks Recreation - Central Recreation Center 76,950 Parks Recreation - Parks 276,900 Parks Recreation - Municipal Pool 108,600 Parks Recreation - Cemeteries 235,200 Special Appropriations 560,750 Contingency 168,550

Federal Asset Seizure Fund Appropriations Police Fed Asset Seizure 7,800

No additional detail provided

Tagged Interests: funding and public safety

Powell Bill Fund Appropriations Public Works Powell Bill 400,500

No additional detail provided

Tagged Interests: funding, Public Works, and public works

Emergency Telephone System Fund Appropriations Public Safety Emergency Telephone System 19,150

Water Wastewater Fund Appropriations Special Appropriations 1,809,700 Public Utilities Water Wastewater Operations 4,085,950 Public Utilities Water Filtration Plant 1,970,750 Public Utilities Wastewater Treatment Plant 1,714,750 Contingency 448,600

Tagged Interests: funding, sewer, utility, Utility, public safety, emergency, water, and plant

Electric Fund Appropriations Special Appropriations 1,213,950 Public Utilities Electric Power Costs 11,922,700 Public Utilities Electric Operations 5,363,750 Transfer to General Fund 536,000 Contingency 951,800

Section 2. That the following appropriation totals are hereby authorized for the City of Newton and

Tagged Interests: funding, utility, Utility, and electric

13
Section 2. That the following appropriation totals are hereby authorized for the City of Newton and activities for Fiscal Year 2020-2021.

General Fund Appropriations

Tagged Interests: funding

Governing Board Administration Finance

Tagged Interests: finance and boards and commissions

Purchasing/Warehouse Information Systems Human Resources Human Resources - Post-Retirement Public Works Administration Public Works Garage Public Works Street Drainage Public Works Sanitation Municipal Buildings Police Police - Civilians

Fire Planning Main Street Parking Lots Parks Recreation - Administration Parks Recreation - Central Recreation Center Parks Recreation - Parks Parks Recreation - Municipal Pool Parks Recreation - Cemeteries Special Appropriations Contingency Sub-total
Tagged Interests: Homebuilder, planning, funding, streets, retirement, solid waste, public safety, seniors, purchasing, Public Works, public works, human resources, parking, recreation, and stormwater

Federal Asset Seizure Fund Appropriations

Police Fed Asset Seizure

Tagged Interests: funding and public safety

Powell Bill Fund Appropriations

Public Works Powell Bill
Tagged Interests: funding, Public Works, and public works

Emergency Telephone System Fund Appropriations

No additional detail provided

Tagged Interests: funding and emergency

Public Safety Emergency Telephone System

Water Wastewater Fund Appropriations Special Appropriations Public Utilities Water Wastewater Operations Public Utilities Water Filtration Plant Public Utilities Wastewater Treatment Plant Contingency Sub-total Electric Fund Appropriations Special Appropriations Public Utilities Electric Power Costs Public Utilities Electric Operations Transfer to General Fund Contingency
Tagged Interests: funding, sewer, utility, Utility, public safety, emergency, water, electric, and plant

13
15,400 518,950 158,350 41 ,900

279,500 300,500 106,300 179,700 144,850 213,550 3,599,700 596,800 303,650 133,000 4,850 808,500 76,950 276,900 108,600 235,200 560,750 168,550 7,800 400,500 19,150 4,085,950 1,714,750 448,600 5,363,750 536,000 951 ,800

Health Insurance Fund Appropriations Premium and Benefits Paid 1,865,750

Tagged Interests: funding, health, insurance, and health insurance

TOTAL APPROPRIATIONS 48,547,200

Eddie Haupt, Mayor Attest:

Tagged Interests: funding

Amy S. Falowski, City Clerk

Section 3. There is hereby levied a tax at the rate of .54 per one hundred (100) valuation of property as listed as of January 1, 2020 for the purpose of raising the revenue listed as Ad Valorem Taxes in the General Fund revenues of this ordinance. This rate is based on an estimated total valuation of property for the purpose of taxation of 1,152,584,595 and an estimated collection rate of 96.5 .

Tagged Interests: ordinance, taxes, Taxes, property, and ad valorem

Section 4. That water and sewer rates be increased by 7.5 and electric rates remain unchanged for residential. That all fees and charges shall be adopted per the approved rate schedule. Any change in the Consumer Price Index shall be considered annually.

No additional detail provided

Tagged Interests: impact fee, sewer, utility, Utility, water, electric, and rates

Section 5. The City Manager, as budget officer, is hereby authorized to continue making budget amendments, transfers and other changes as authorized in resolution 79.7, adopted April 3, 1979.

Section 6. Appropriations are authorized by department totals. The Finance Director is authorized to reallocate departmental appropriations among line item objects of expenditures and revenues as necessary during the budget year. The City Manager is authorized to reallocate appropriations among the various departmental totals of expenditure within the General Fund, Water Wastewater Fund, and Electric Fund as allowed by North Carolina General Statute 159-15. Section 7. Copies of this ordinance shall be filed with the Finance Director of the City of Newton, to be kept by him/her for their direction in the disbursement of City funds.

Tagged Interests: funding, ordinance, finance, sewer, budget, utility, Utility, water, electric, administrator, and manager

Adopted this the 2th day of June, 2020.

Section 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. That the City Manager, as chief administrative officer and as budget officer, shall be authorized to carry out the activities as approved in this adopted annual budget in accordance with all applicable state and local laws, ordinances and regulations.
Tagged Interests: regulation, ordinance, budget, administrator, manager, and housing

14
Sub-total

No additional detail provided

Health Insurance Fund Appropriations

Premium and Benefits Paid TOTAL APPROPRIATIONS Section 3. There is hereby levied a tax at the rate of .54 per one hundred (100) valuation of property as listed as of January 1, 2020 for the purpose of raising the revenue listed as Ad Valorem Taxes in the General Fund revenues of this ordinance. This rate is based on an estimated total valuation of property for the purpose of taxation of 1 , 152,584,595 and an estimated collection rate of 96.5 .
Tagged Interests: funding, health, ordinance, taxes, Taxes, insurance, health insurance, property, and ad valorem

Section 4. That water and sewer rates be increased by 7.5 and electric rates remain unchanged for residential. That all fees and charges shall be adopted per the approved rate schedule. Any change in the Consumer Price Index shall be considered annually.

No additional detail provided

Tagged Interests: impact fee, sewer, utility, Utility, water, electric, and rates

Section 5. The City Manager, as budget officer, is hereby authorized to continue making budget amendments, transfers and other changes as authorized in resolution 79.7, adopted April 3, 1979.

Section 6. Appropriations are authorized by department totals. The Finance Director is authorized to reallocate departmental appropriations among line item objects of expenditures and revenues as necessary during the budget year. The City Manager is authorized to reallocate appropriations among the various departmental totals of expenditure within the General Fund, Water Wastewater Fund, and Electric Fund as allowed by North Carolina General Statute 159-15. Section 7. Copies of this ordinance shall be filed with the Finance Director of the City of Newton, to be kept by him/her for their direction in the disbursement of City funds. Section 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. That the City Manager, as chief administrative officer and as budget officer, shall be authorized to carry out the activities as approved in this adopted annual budget in accordance with all applicable state and local laws, ordinances and regulations.

Tagged Interests: funding, regulation, ordinance, finance, sewer, budget, utility, Utility, water, electric, administrator, manager, and housing

Adopted this the 2th day of June, 2020.

Eddie Haupt, Mayor Attest:

Amy S. Falowski, City Clerk

No additional detail provided

14
CITY OF NEWTON REQUEST FOR COUNCIL ACTION

No additional detail provided

Tagged Interests: council

DATE: May 26, 2020

TO: Todd Clark, City Manager

Tagged Interests: administrator and manager

FROM: Dusty Wentz, PWU Director

CONSIDERATION OF: Award Engineering Services for Asset Inventory and Assessment of the Wastewater System and Grant Funding Budget Ordinance

Approved for Council Consideration _________________________ Background:
Tagged Interests: funding, grant, ordinance, council, sewer, budget, and services

In September 2019, Council authorized staff to submit an Asset Inventory and Assessment (AIA) Grant application to the State for the sewer system. On February 28, 2020, North Carolina Department of Environmental Quality approved funding of the grant in the amount of 150,000. May 5, 2020, Council approved a resolution to accept state funds.

On April 1, 2020, staff released a Request for Qualifications (RFQ) to select the best qualified engineering firm to complete this work. The request was sent to five (5) different firms. On April 17, 2020, three were submitted back to the City of Newton from McGill Associates, PA., The Wooten Company, and WithersRavenel. City staff completed a review of three engineering proposals. The Wooten Company is qualified and has shown they can complete this work. The work on the sewer system will consist of flow monitoring in manholes, CCTV videoing, and smoke testing to identify possible sources of inflow and infiltration for the North Eastern section of the gravity collection system. Action Suggested: Staff requests council approve entering into the agreement with The Wooten Company to start and complete the AIA sewer grant work and to approve the attached grant funding ordinance.
Tagged Interests: funding, grant, ordinance, council, sewer, utility, Utility, environment, and CCTV

15
CITY OF NEWTON REQUEST FOR COUNCIL ACTION

No additional detail provided

Tagged Interests: council

DATE: May 26, 2020

TO: Todd Clark, City Manager

Tagged Interests: administrator and manager

FROM: Dusty Wentz, PWU Director

CONSIDERATION OF: Award Engineering Services for Asset Inventory and Assessment of the Wastewater System and Grant Funding Budget Ordinance

Appr d for Council Consideration Background:
Tagged Interests: funding, grant, ordinance, council, sewer, budget, and services

In September 2019, Council authorized staff to submit an Asset Inventory and Assessment (AIA) Grant application to the State for the sewer system. On February 28, 2020, North Carolina Department of Environmental Quality approved funding of the grant in the amount of 150,000. May 5, 2020, Council approved a resolution to accept state funds.

Tagged Interests: funding, grant, council, sewer, utility, Utility, and environment

On April l, 2020, staff released a Request for Qualifications (RFQ) to select the best qualified engineering firm to complete this work. The request was sent to five (5) different firms. On April 17, 2020, three were submitted back to the City of Newton from McGill Associates, PA. , The Wooten Company, and WithersRavenel.

City staff completed a review of three engineering proposals. The Wooten Company is qualified and has shown they can complete this work. The work on the sewer system will consist of flow monitoring in manholes, CCTV videoing, and smoke testing to identify possible sources of inflow and infiltration for the North Eastern section of the gravity collection system. Action Suggested: Staff requests council approve entering into the agreement with The Wooten Company to start and complete the AIA sewer grant work and to approve the attached grant funding ordinance.
Tagged Interests: funding, grant, ordinance, council, sewer, utility, Utility, and CCTV

15
16

SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of

Tagged Interests: services

City of Newton

and L.E. Wooten Company dba The Wooten Company ( Effective Date ) between ( Owner ) ( Engineer ). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Wastewater System Asset Inventory and Assessment (AIA) - Burris Rd. ( Project ).
Tagged Interests: sewer and services

Engineer's services under this Agreement are generally identified as follows: Flow monitoring. smoke testing and closed-circuit TVing (CCTVI of sanitarv sewer lines to help determine potential sources of inflow/infiltration (1/1) within a previouslv identified sewershed (Burris Road Sewershed): identify potential repair/replacement proiects: prepare cost estimates for identified proiects.

Owner and Engineer further agree as follows: ( Services ) 1.01

Tagged Interests: sewer, streets, utility, Utility, and services

A.
B.

No additional detail provided

C.
2.01

No additional detail provided

A.
Basic Agreement and Period of Service

Engineer shall provide or furnish the Services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth

Tagged Interests: services

above ( Additional Services ).

Engineer shall complete its Services within the following specific time period: Begin Project: May 2020 End Project: June 2021. If no specific time period is indicated, Engineer shall complete its Services within a reasonable period of time.
Tagged Interests: services

If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's Services is impaired, or Engineer's Services are delayed or suspended, then the time for completion of Engineer's Services, and the rates and amounts of Engineer's compensation, shall be

adjusted equitably. Payment Procedures
Tagged Interests: compensation, procedure, services, and rates

Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due Engineer for Services, Additional Services, and expenses within 30 days after receipt of Engineer's invoice, then (1) the amounts due Engineer will be increased at the rate of 1.0 per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day, and (2) in

Tagged Interests: services

EJCDC@ E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02015 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. pa
Tagged Interests: council and services

17
B.

2.02

C.
2.03

2.04 3.01

A.
addition Engineer may, after giving seven days written notice to Owner, suspend Services under this Agreement until Engineer has been paid in full all amounts due for Services, Additional Services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension.

No additional detail provided

Tagged Interests: services

Payment: As compensation for Engineer providing or furnishing Services and Additional Services, Owner shall pay Engineer as set forth in Paragraphs 2.01, 2.02 (Services), and 2.03 (Additional Services). If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the

undisputed portion.

Tagged Interests: compensation and services

Basis of Payment Lump Sum

Owner shall pay Engineer for Services as follows:

Tagged Interests: services

A
Lump Sum amount of 150 000.00.

In addition to the Lump Sum amount, reimbursement for the following expenses: 0k. The portion of the compensation amount billed monthly for Engineer's Services will be based upon Engineer's estimate of the percentage of the total Services actually completed during the billing period.
Tagged Interests: compensation and services

Additional Services: For Additional Services, Owner shall pay Engineer an amount equal to the cumulative hours charged in providing the Additional Services by each class of Engineers employees, times standard

hourly rates for each applicable billing class; plus reimbursement of expenses incurred in connection with providing the Additional Services and Engineeds consultants' charges, if any. Engineer's standard hourly rates are attached as Appendix 2. Fee Summary Description Field Services

Tagged Interests: services and rates

Report Services

Total Pro ect Fee: Termination Payment Method Lump Sum Lump Sum Fee 125,000 25,000 150,000 The obligation to continue performance under this Agreement may be terminated:
Tagged Interests: services and performance

1.
For cause,

a.
By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination.

No additional detail provided

Tagged Interests: services and events

EJCDC@ E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02015 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Parr
Tagged Interests: council and services

18
b.

No additional detail provided

c.
d.

By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's Services are delayed for more than 90 days for reasons beyond Engineer's control, or as the result of the presence at the Site of undisclosed Constituents of Concern, as set forth in Paragraph 5.01.1. Engineer shall have no liability to Owner on account of a termination for cause by Engineer. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. B 4.01

Tagged Interests: services and license

A.
B.

No additional detail provided

C.
2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner,

In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all Services and Additional Services performed or furnished in accordance with this Agreement, plus reimbursement of expenses incurred through the effective date of termination in connection with providing the Services and Additional Services, and Engineer's consultants' charges, if any.

Tagged Interests: services and events

Successors, Assigns, and Beneficiaries

Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.

Tagged Interests: legal and administrator

Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or

No additional detail provided

give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party.

No additional detail provided

EJCDC' E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02015 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved. Paf
Tagged Interests: council and services

19
5.01

No additional detail provided

A.
B.

No additional detail provided

C.
D.

No additional detail provided

F.
General Considerations

No additional detail provided

The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer

makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. Engineer shall not at any time supervise, direct, control, or have authority over any Constructor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a Constructor to comply with laws and regulations applicable to such Constructods furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any Constructor. Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor's failure to furnish and perform its work.

Tagged Interests: contractor, regulation, construction, security, public safety, procedure, services, program, and performance

EngineeHs opinions (if any) of probable construction cost are to be made on the basis of Engineeds experience, qualifications, and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from

Tagged Interests: rfp, contractor, RFP, construction, equipment, market, materials, and services

opinions of probable construction cost prepared by Engineer. If Owner requires greater assurance as to probable construction cost, then Owner agrees to obtain an independent cost estimate.

Engineer shall not be responsible for any decision made regarding the construction contract requirements, or any application, interpretation, clarification, or modification of the construction contract documents other than those made by Engineer or its consultants. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all Services and Additional Services relating to preparation of the documents and subject to the following limitations:
Tagged Interests: construction, contract, services, property, and license

1.
2.

No additional detail provided

Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or

adaptation by Engineer;

any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owned s sole

No additional detail provided

EJCDC' E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02015 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved.
Tagged Interests: council and services

20
3.

No additional detail provided

4.
risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants;

No additional detail provided

Tagged Interests: legal, risk, and services

Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and

such limited license to Owner shall not create any rights in third parties.
Tagged Interests: impact fee, legal, services, and license

G.
H.

No additional detail provided

l.
J.

No additional detail provided

K.
L.

6.01

A.
Owner and Engineer may transmit, and shall accept, Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with a mutually agreeable protocol.

To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project. The parties acknowledge that Engineer's Services do not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an

Tagged Interests: services

unknown or undisclosed Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of Services on the portion of the Project affected thereby until such portion of the Project is no longer affected, or terminate this Agreement for cause if it is not practical to continue providing Services.

Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. This Agreement is to be governed by the law of the state in which the Project is located.
Tagged Interests: services and performance

Engineer's Services and Additional Services do not include: (1) serving as a municipal advisor for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and

No additional detail provided

Tagged Interests: streets and services

Exchange Commission; (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the

structure, timing, terms, or other similar matters concerning such products or issuances; (3) providing surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements; or (4) providing legal advice or representation. Total Agreement This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument.

Tagged Interests: construction, finance, legal, boards and commissions, bond, and insurance

EJCDC E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02015 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved.
Tagged Interests: council and services

21
7.01

No additional detail provided

A.
B.

8.01 Definitions Constructor Any person or entity (not including the Engineer, its employees, agents, representatives, and consultants), performing or supporting construction activities relating to the Project, including but not limited to contractors, subcontractors, suppliers, Owned s work forces, utility companies, construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them.

Tagged Interests: contractor, construction, utility, Utility, services, and manager

Constituent of Concern Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 559601 et seq. ( CERCLA ); (b) the Hazardous Materials Transportation Act, 49 U.S.C. 555101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. 556901 et seq. ( RCRA ); (d) the Toxic Substances Control Act, 15 U.S.C. 552601 et seq.; (e) the Clean Water Act, 33 U.S.C. 551251 et seq.; (f) the Clean Air Act, 42 U.S.C. 557401 et seq.; or (g) any other federal, State, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating,

relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. Attachments: Appendix 1 Field Services, Report Services, Additional Services and Services Provided by the Owner Appendix 2 - Engineer's Standard Hourly Rates
Tagged Interests: compensation, regulation, ordinance, utility, Fossil Fuels - Oil, Utility, transportation, materials, services, water, Conservation, environment, rates, and hazardous materials

EJCDC' E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02015 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved.
Tagged Interests: council and services