city of levelland, texas levelland city council …

CITY OF LEVELLAND, TEXAS LEVELLAND CITY COUNCIL REGULAR MEETING

MONDAY JUNE 21, 2021 6:00 PM CITY HALL, R.O. DENNIS COUNCIL CHAMBERS 1709 AVENUE H

NOTICE OF MEETING BY VIDEO/TELEPHONE CONFERENCE

In accordance with order of the Office of the Governor issued March 16, 2020, the City Council of the City of Levelland will conduct this Regular Meeting in the R.O. Dennis City Council Chambers, located at 1709 Avenue H, Levelland, Texas. While members of the City Council plan to participate in this meeting in person, one or more members of the City Council may participate in this meeting remotely through video conference providing for two-way video and audio communication for each member of the City Council. This Notice and Meeting Agenda, and the Agenda Packet, are posted online at https://www.levellandtexas.org/agendapackets. The meeting will be live streamed via Facebook at the following link https://www.facebook.com/levellandtexas. This meeting will be recorded and the recording will be available to the public in accordance with the Open Meetings Act upon written request.

AGENDA Pledge of Allegiance and Prayer Statements by Citizens

1. Consider and take necessary action to approve the minutes of the June 7, 2021 regular meeting. 2. Consider and take necessary action on a service plan agreement with South Plains Church located at 1421 Cactus

Drive, Levelland, Hockley County, Texas in relation to a petition for annexation request. 3. Consider and take necessary action on a development agreement with Michaels Family Trust regarding the

development of La Hacienda de los Marquez. 4. Consider and take necessary action on an agreement with Bolinger, Segars, Gilbert & Moss to provide audit

services for the City of Levelland. 5. Consider and take necessary action approving Resolution No. 2021-29 authorizing the refunding of Canadian

River Municipal Water Authority Subordinate Lien Contract Revenue Bonds, Series 2012 (Conjunctive Use Groundwater Supply Project).

6. Consider and take necessary action on a Master Cooperative Purchasing Agreement between the City of Levelland and the Sheriffs’ Association of Texas, Inc.

7. Consider and take necessary action regarding the purchase of a Pickup Truck for the Emergency Management Department.

8. Consider and take necessary action on procedures, processes, timelines, and priorities regarding lifting restrictions and regulations implemented during the COVID-19 Public Health Emergency – Resolution No. 2021-30.

9. Consider the projected fiscal year 2021/2022 budget and tax rate adoption process and schedule and provide direction to staff regarding the budget.

10. Presentation and discussion regarding the five-year capital improvement plans.

Adjournment.

CERTIFICATION DATED THIS THE 18TH DAY OF JUNE, 2021 I, the undersigned authority, do hereby certify that the above Notice of Meeting of the governing body of the City of Levelland Texas is a true and correct copy of said notice that has been posted on the bulletin board of the City Hall of the City of Levelland, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted on June 18, 2021, by 5:00 PM and remained so posted continuously for at least 72 hours preceding the scheduled time of such meeting.

_________________________________________ Andréa Corley, City Secretary

I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the bulletin board of City Hall on ______ day of _____________, 2021.

_________________________________________ Andréa Corley, City Secretary The City Council Chamber is wheelchair accessible. Requests for any special accommodations must be made 48 hours prior to the meeting. Please contact Andréa Corley at 894-0113. Executive Session Disclosure Statement: The City Council reserves the right to adjourn into executive session at any time during the course of the meeting to discuss any item listed on this agenda as authorized by Chapter 551 of the Texas Government Code, including but not necessarily limited to §551.071 (Consultation with Attorney), §551.072 (Deliberations regarding Real Property), §551.073 (Deliberations regarding Gifts and Donations), §551.074 (Personnel Matters), §551.076 (Deliberations regarding Security Devices)

http://www.levellandtexas.org/agendapackets

THE LEVELLAND CITY COUNCIL MET IN REGULAR SESSION ON MONDAY, THE 7th OF JUNE 2021, AT LEVELLAND CITY HALL, R. O. DENNIS COUNCIL CHAMBERS, 1709 AVENUE H, WITH THE FOLLOWING MEMBERS PRESENT: Barbra Pinner Honorable Mayor Present Jim Myatt Council Member Present Mary Engledow Council Member Present Breann Buxkemper Mayor Pro Tem Present Michael Stueart Council Member Present Matt Wade City Attorney Present Erik Rejino City Manager Present Andréa Corley City Secretary Present The Pledge was led by Mayor Barbra Pinner and the Invocation was given by Mayor Pro Tem Breann Buxkemper Statements by Citizens: There were statements by 7 citizens regarding the Sanctuary City for the Unborn, Brashear Estates, Juneteenth and Levelland Boys Baseball. FIRST ITEM OF BUSINESS: Consider and take necessary action to approve the minutes of the May 17, 2021 regular meeting and the May 21, 2021 special meeting. Motion by Breann Buxkemper Seconded by Jim Myatt To approve the minutes of the May 17, 2021 regular meeting and the May 21, 2021 special meeting. Motion carried unanimously. SECOND ITEM OF BUSINESS: Consider and take necessary action on Ordinance #1055 outlawing abortion within the City of Levelland and declaring Levelland as a Sanctuary City for the Unborn on a second and final reading. At the last regular City Council meeting, Council approved Ordinance #1055, which outlaws abortion within the City of Levelland and declares Levelland as a Sanctuary City for the Unborn on a first reading. In order for the ordinance to take effect the ordinance will need to

be approved on a second and final reading. Following 10 days after the second reading, the ordinance will take effect. Motion by Michael Stueart Seconded by Breann Buxkemper To approve Ordinance #1055 outlawing abortion within the City of Levelland and declaring Levelland as a Sanctuary City for the Unborn on a second and final reading Motion carried unanimously. THIRD ITEM OF BUSINESS: Convene into executive session in accordance with Tex. Gov’t Code §551.071 to seek the advice about pending or contemplated litigation, settlement offers or on matters in which duty of the attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with Tex. Gov’t Code Ch. 551 (Brashear Estates). Mayor Pinner declared Council to be in Executive Session at 6:39p.m. She returned Council to regular session at 7:20p.m. FOURTH ITEM OF BUSINESS: Consider and take necessary action on disannexation request for Lots Numbers One (1) through Six (6) of the Brashear Estates, Levelland, Hockley County, Texas. A request for disannexation by the property owners of the Brashear Estates for Lot Numbers One (1) through Six (6) was submitted to the City of Levelland. Motion by Breann Buxkemper Seconded by Jim Myatt To grant the request for disannexation for Brashear Estates lots 1-6 and authorize staff to begin the process of disannexation. Motion carried unanimously. FIFTH ITEM OF BUSINESS: Consider and take necessary action on a development agreement with Michaels Family Trust regarding the development of La Hacienda de los Marquez.

City staff has been working with the Mr. Mickey Michaels with the Michaels Family Trust to develop a development agreement addressing city infrastructure for La Hacienda de los Marquez. Motion by Mary Engledow Seconded by Jim Myatt To table this agenda item Motion carried unanimously. SIXTH ITEM OF BUSINESS: Consider and take necessary action on a request from Angela Campos regarding a variance in the hours of operation for the Levelland-Oxy Sports Complex for the Texas Blaze Softball tournament. In the policies, regulations and contract for the Oxy Sports Complex, the hours of operations are set as follows: games scheduled on Sunday through Friday nights must be completed by 11:00 p.m. and games beginning on Saturday must be completed by 1:00 am on Sunday morning. Any deviation from these rules must be granted by the City Council. To that end, Angela Campos, a local softball tournament director would like to host a “Midnight Madness” softball tournament at the Oxy Sports Complex July 9-11. It is a popular concept to play softball “all night long,” and it is certainly much cooler in the overnight hours. Ms. Campos has hosted this type of tournament at the Oxy Sports Complex on a few other occasions. Motion by Breann Buxkemper Seconded by Michael Stueart To approve a variance in the Levelland-Oxy Sports Complex hours of operation for the Texas Blaze softball tournament to accommodate an overnight tournament on July 9th through July 11th, 2021. Motion carried unanimously. SEVENTH ITEM OF BUSINESS: Consider and take necessary action on Resolution No. 2021-26 authorizing the submission of a grant application with the State of Texas for the American Rescue Plan Act of 2021 Coronavirus State and Local Fiscal Recovery Funds. On March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law and established Coronavirus Fiscal Recovery Funds to provide support for state, local and tribal governments in responding to the impact of COVID-19. These funds build on and expand the support provided over the past year by programs such as the Coronavirus Relief Fund (CRF). As a non-entitlement unit of government (under 50,000 population), funds will be disbursed

from the Treasury Department to the State of Texas. The State is responsible for following a step-by-step guide provided by the Treasury Department to allocate and distribute these funds. ARPA provides that payments may be used to cover costs through four categories of eligible use:

• To respond to the public health emergency or its negative economic impacts • To respond to workers performing essential work during the COVID-19 public health emergency • For the provision of government services to the extent of the reduction in revenue due to COVID-19 • To make necessary investments in water, sewer, or broadband infrastructure

Unlike the CRF, the State is not allowed to further restrict the use of these funds at the local level. They must also follow a strict timeline in disbursing these funds; as such, we can expect to receive a portion of our allocated funds in the very near future. Initial estimates reflect $2.94M in total funds for the city. Funds will be distributed in two tranches – 50% paid within 30 days of the state receiving it, and the other 50% distributed 12 months later.

Staff has been reviewing guidance, including the interim final rule, fact sheet, Treasury-issued FAQs, quick reference guide (attached), various webinars and other online education opportunities. We are evaluating infrastructure needs in conjunction with eligible grant fund uses to develop a plan that utilizes these funds for the greatest possible benefit of our citizens. Utilizing these funds for projects that would normally be debt-financed can save the citizens over $700K in interest expense based on current interest rates. At this time, we are asking Council for authorization to submit an application to make the funds available to Levelland. Motion by Breann Buxkemper Seconded by Jim Myatt To approve Resolution No. 2021-26 authorizing the submission of a grant application with the State of Texas for the American Rescue Plan Act of 2021 Coronavirus State and Local Fiscal Recovery Funds. Department in the amount of $52,400. Motion carried unanimously. EIGHTH ITEM OF BUSINESS: Consider and take necessary action to select an accounting firm to provide audit services for the City of Levelland. In January of this year, council authorized city staff to issue an RFQ for audit services in accordance with our fiscal policy. The deadline for submissions was May 14, 2021 and we received responses from six different firms. The previous audit RFQ only generated one

response, and staff was encouraged by both the quality and quantity of the current submissions. Evaluations were based on the following criteria:

A. Your Qualifications and Experience (30 points) − Complete the Respondent’s Information and Signature Page (Attachment A).

− The auditor’s past experience and performance on comparable government engagements; include all municipal engagements within the last five years.

− The auditor’s past experience and performance with single audits of similar federal or state financial assistance programs.

− The quality of the auditor’s professional personnel to be assigned to the engagement and the quality of the auditor’s management support personnel to be available for technical consultation.

− Provide brief resumes of the personnel assigned to the engagement including the partner in charge of the audit team, the manager in charge of the onsite field work and the senior in charge of the onsite field work.

− The City currently uses Incode software. Computer expertise with same or compatible software.

B. Mandatory Elements (30 points)

– The auditor is an independent Certified Public Accountant licensed to practice in Texas. – The auditor has no conflict of interest with regard to any other work performed by

the firm for the City.

– The auditor must have the ability to conduct the audit in the timeframe required.

– The auditor must have a continuing professional education program in state and local government accounting, auditing, and financial reporting.

C. Audit Approach (30 points)

Set forth a work plan including an explanation of the audit methodology to be followed to perform the services required in this Request for Qualifications. Auditors are required to provide the following information on their audit approach:

– Proposed segmentation of the engagement. – Level of staff and number of hours to be assigned to each proposed segment of the

engagement.

– Sample sizes and the extent to which statistical sampling is to be used in the engagement.

– Extent of use of audit software in the engagement and approach to be taken in drawing

audit samples for purposes of test compliance. – Type and extent of analytical procedures to be used in the engagement. – Approach to be taken in determining laws and regulations that will be subject to audit

test work. – Approach to the implementation of new GASB pronouncements. – Approach to internal control structure understanding.

D. Your References (10 points) Provide references for all key personnel/team members for similarly successful projects including the name of the agency, address, contact name, current telephone number, email address and a brief description of services provided (see Attachment B). Experience and/or references with similar public/private partnerships is preferred, but not required. The scoring was conducted by the City Manager, Assistant City Manager, and Finance Director as these are the individuals that work the most with the auditors. The cumulative scoring results are as follows: As a reminder, in a Request for Qualifications (RFQ), you must first select the most qualified firm. Then once you select the most qualified firm you negotiate a contract. The contract with the most qualified firm would be brought to Council for final approval at a future meeting.

Motion by Mary Engledow Seconded by Michael Stueart To select Bolinger, Segars, Gilbert and Moss as the most qualified firm for audit services. Motion carried unanimously.

NINTH ITEM OF BUSINESS: Consider and take necessary action on Resolution No. 2021-27 amending the fiscal year 2020-2021 budget. It is common for projects to often times cross into multiple fiscal years. When developing a budget we do our best to anticipate the cost and timing of such major projects but often changes occur in the timing of projects. In addition changes during the year, such as grants that become available make amendments necessary. Below is a summary of the proposed budget amendments. CESF Grant Fund: The Coronavirus Emergency Supplemental Fund was created as part of the CARES Act and provided funds for COVID-19 relief that were administered through the Office of the Governor. The City took the lead in coordinating the reporting of the county-wide allocated funds. The City has submitted and been reimbursed for all expenditures related to the CESF grant. CRF Grant Fund: The Coronavirus Relief Fund was created as part of the CARES Act and provided funds for COVID-19 relief that were administered through the Texas Department of Emergency Management. Grant funds were allocated based on population, with 20% of funds received in advance and the remaining 80% paid on a reimbursement basis. Final expenses were required to be submitted via the grant management system by December 15, 2020. Given the shortened time frame, the City submitted police payroll for reimbursement to fully utilize our grant fund allocation. As other CRF-eligible expenditures were made, they were coded to the emergency management department. Airport Fund: The airport was awarded a grant for an automated airport weather station (AWOS). The $150,000 grant required a $50,000 match, half of which came from the county, and half of which came from the city. The city holds royalty income from airport mineral rights in the general fund; these are the funds used for our portion of the match. The grant revenue account also reflects $30,000 in grant funds that were allocated as part of the CARES Act. Enterprise Fund: The city council made the decision last year to waive all online, phone and electronic payment fees that were charged to citizens utilizing these payment methods. Foot traffic has not returned to pre-pandemic levels, and this added customer service benefit has resulted in an increased number of non-cash payments. In addition to the transaction fee, we also incur credit card processing charges on any non-cash payments. General Fund: The seal coat project that was supposed to take place in the spring of 2020 was delayed due to a supply chain interruption caused by the pandemic. Last year the council approved a budget amendment reflecting that these funds would not be spent in FY2020. This budget amendment will account for the 2020 seal coat project, which will occur along with the regularly scheduled 2021 project.

General Fund (continued): There are two public safety-related budget amendments included in the general fund. The first is to reflect a first responder grant awarded to the Police Department, along with related expenditures. The second is to reflect a donation by the Levelland Volunteer Fire Department, along with reduced vehicle repair and maintenance expenditures in the fire department, that offset the cost of the new brush truck. The remainder of the brush truck was paid for through the internal finance fund but did not require a budget amendment. The command unit came in under budget $20,000 and the $100,000 grant match for a grass truck was reallocated to purchase the new brush truck. Non Expendable Trust Fund: In 2001, TCEQ/TNRCC required the city to put up a bond as part of a trust agreement pursuant to Texas landfill regulations. Citizens Bank of Kilgore released the bond to the city at maturity. It was placed in a separate fund pending termination of the trust agreement by TCEQ. This process was finalized in early May and this budget amendment reflects the release of the bond monies back to the enterprise fund. Insurance Reserve Fund: This budget item was included in the general fund in the budget adopted by council. This amendment reflects the insurance reserve fund portion of the transaction. Park Donation Fund: When the LCDC moved forward with Phase 1 of the City Park improvement plan, they wanted to expand the first phase to include restrooms. The LCDC provided additional funds, and at the same time asked if the city would be willing to add funds from the park donation fund to help fund these costs. City council approved this expenditure and related budget amendment. Homeland Security Fund: The fire department applied for and received a grant from Homeland Security to purchase stabilization kits, breathable dry suits and Kevlar lift bags. This budget amendment reflects the grant expenditures and related grant reimbursements. Texas Capital Fund: This amendment reflects wrap-up on the downtown sidewalk project, including payments to reimburse businesses for damages. Hotel Occupancy Tax Fund: Council approved an application to the Texas Event Trust Fund to provide additional funding for the Clovis Horse Sale and the SPC NJCAA event. This budget amendment reflects the trust fund revenue, corresponding expense and application fee of $1500 per event. Motion by Mary Engledow Seconded by Breann Buxkemper To approve Resolution No. 2021-27 amending the fiscal year 2020-2021 budget. Motion carried unanimously. TENTH ITEM OF BUSINESS:

Consider and take necessary action on Resolution No. 2021-28, approving the second amendment to the Meredith Supply Agreement. The Meredith Supply Agreement is the water supply agreement entered in the 1960s by CRMWA, the U.S. Bureau of Reclamation, and each of CRMWA’s member cities. It provides for both water supply and repayment of the costs of construction of the Canadian River Project (the Project). The term of the agreement is from its execution until the federal debt is paid off. After that each member city has a vested right to renew or extend the contract for as long as Lake Meredith is capable of providing a useful water supply. The Project debt was paid off to the United States in 1999. Unfortunately, although CRMWA continued to provide the water supply, the contract was never extended. That is the purpose of the Second Amendment – to extend the water supply contract for the useful life of the Project. No change in the terms of the water supply contract is being made other than extending the life of the agreement. Motion by Breann Buxkemper Seconded by Michael Stueart To approve Resolution No. 2021-28, approving the second amendment to the Meredith Supply Agreement. Motion carried unanimously. ELEVENTH ITEM OF BUSINESS: Discussion and necessary action regarding the presentation, orientation and training on city governance, policies and procedures and open meetings/public information. In the past City Attorney Matt Wade has provided a combination of training regarding city governance as well as required trainings like open meetings and public information act training. Council discussed having Matt Wade conduct the training, and a time will be discussed and solidified for this training. No Council Action Taken TWELTH ITEM OF BUSINESS: Discuss proper decorum of City Attorney at Council Meetings. No Council Action Taken

There being no further business the meeting was adjourned at 7:57pm Respectfully Submitted, ____________________________________________ Andréa Corley, City Secretary

AGENDA MEMORANDUM ITEM #2 TO: Honorable Mayor and City Council FROM: Erik Rejino DATE: June 16, 2021 ITEM: Consider and take necessary action on a service plan agreement with South Plains Church located at

1421 Cactus Drive, Levelland, Hockley County, Texas in relation to a petition for annexation request.

Earlier this year South Plains Church, which is currently outside of the city limits, requested water service from the City. At that time, when they made the request to the City for water service, they found out that the water well that the church has onsite is limited in production for future use according to church staff and had begun to have sand related issues. The location of South Plains Church has two existing water mains adjacent to the property and the mains already have existing outside city limit customer taps on the water mains already. When Council considered this request in March it was determined that the City would not be out any additional infrastructure funds, the City would not have to maintain any new water mains that we are not already maintaining, and we would gain a new utility customer at 1 ½ times the regular utility rate since South Plains Church is outside the City. Regarding the 1981 policy on water supply and restricting outside of city limit customers, staff believes that we have more than adequate water supply to add another water utility customer, especially since South Plains Church was only going to use it for potable water for the building only and not irrigation purposes. Accordingly at the Council meeting in March the City Council approved a resolution authorizing water service for South Plains Church. The cost to connect to the water service including the tap and any backflow devices was at the sole expense of South Plains Church. At this time water service has been provided to South Plains Church. During the discussions for water service South Plains Church had also agreed to move forward with a voluntary annexation in lieu of receiving water service. Shortly after the Council meeting we received a petition requesting annexation of South Plains Church. The first step in moving forward with the annexation of the South Plains Church property will be for Council to consider approving a service plan agreement. At this time all city services are available to South Plains Church which is reflected in the agreement. If the agreement is approved, at a future meeting, we will need to hold a public hearing and Council will need to take action on an ordinance annexing the property on a first reading. Following the first reading we will publish another notice regarding the annexation ordinance which will be accompanied with a 30 day waiting period before Council can consider the ordinance annexing the property on a second and final reading. Following this memo is a copy of a map that outlines the property, a copy of the resolution adopted by Council authorizing water service in March, a copy of the petition requesting annexation, and a copy of the proposed service plan agreement. Recommendation: Approve a service plan agreement with South Plains Church located at 1421 Cactus Drive, Levelland, Hockley County, Texas in relation to a petition for annexation request.

South

Plains

Church

South Plains Church Annexation Agreement Page 1 of 6

MUNICIPAL SERVICES AGREEMENT - ANNEXATION BETWEEN THE CITY OF LEVELLAND, TEXAS AND SOUTH PLAINS CHURCH

This Municipal Services Agreement ("Agreement") is made and entered into this day of , 2021 by and between the City of Levelland, Texas, a home rule municipal corporation and political subdivision of the State of Texas (“City”) and South Plains Church, (“Owner”)

RECITALS WHEREAS, the City is a home rule municipal corporation and is governed by Texas

Local Government Code (“Local Government Code”) Chapter 43 for purposes of annexation; and WHEREAS, Section 43.0671 of the Local Government Code permits the City to annex

an area if each owner of land in an area requests the annexation; and WHEREAS, the Owner owns a certain tract of land located at 1421 Cactus Drive,

Levelland, Hockley County, Texas further described as follows: {insert legal description of South Plains Church} (“Property”); and

WHEREAS, in accordance with Texas Local Government Code § 43.0672, the City is required to enter into a written agreement with the Owner outlining the City services to be provided for the Property on or after the effective date of annexation; and

WHEREAS, Owner has filed a written request with the City for full-purpose annexation of the Property (“Annexation Request”); and

WHEREAS, City and Owner desire to set out the City services to be provided for the Property on or after the effective date of annexation; and

WHEREAS, the Owner has submitted and petition requesting annexation by the City of Levelland; and

WHEREAS, the petition requesting annexation and execution of this Agreement are subject to approval by the City of Levelland City Council and subject to fulfilling the requirements of Texas Local Government Code Subchapter C-3 including conducting a public hearing, publishing notice of the public hearing and approving an ordinance that authorizes the annexation; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the receipt and sufficiency of which is acknowledged, the City and Owner agree as follows: 1. Recitals Incorporated. The recitals outlined above are found to be true and correct and are

incorporated herein as though set forth fully herein. 2. Property. This Agreement is only applicable to the Property as described in this Agreement,

which is the subject of the petition for annexation. It is recognized and acknowledged by the


parties that the Property is developed and has located thereon a structure(s) dedicated for use as a place of religious worship as of the effective date of this Agreement.

3. Intent. It is the intent of the City that this Agreement provide for the delivery of all available municipal services to the Property in accordance with state law, which may be accomplished through any means permitted by law.

4. Municipal Services.

a. Commencing on the effective date of annexation, the City will provide the municipal services set forth below. As used in this Agreement, “providing services” includes having services provided by any method or means by which the City may extend municipal services to any other area of the City, in accordance with applicable city ordinances, rules, regulations, and policies.

i. Police and Fire – The City’s Police and Fire Departments will provide protection and law enforcement and fire protection services.

ii. Publicly Owned Parks, Facilities, and Buildings 1. Owner(s) of the Property will be permitted to utilize all existing

publicly-owned and available parks, facilities (including, community service facilities, libraries, swimming pools, etc.), and buildings throughout the City. Any previously existing private parks, facilities, and buildings will be unaffected by the annexation; provided, however, the City will provide for maintenance and operation in the event the City Council accepts legal title to such property and provides for adequate financial appropriation.

iii. Streets - The City will maintain any existing public streets at the time of the Annexation or any public rights-of-way lawfully and properly dedicated to and accepted by the City for such purposes and over which the City has jurisdiction. The City will provide regulatory signage services in accordance with the City policies and procedures and applicable laws.

iv. Water and Wastewater - Subject to all applicable ordinances and rules regarding water utilities, any building or structure currently located on the Property or thereafter constructed on any lot or parcel on the Property after annexation shall have access to and be required to connect to the City’s water and wastewater utility system at the owner’s expense at rates establish by City ordinances for such service unless otherwise specifically exempted therefrom by applicable law, ordinance or regulation.

v. Solid Waste Services – The City will provide solid waste collection services in accordance with existing City agreements, ordinances and policies, except where prohibited by law.

vi. Code Compliance – The City will provide education, enforcement, and abatement relating to code violations within the Property.

vii. Street Lights – The City will coordinate any request for improved street lighting with the local electric provider in accordance with standard policy.


b. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement.

c. Owner understands and acknowledges that the services the City provides herein may change or be re-organized and to the extent that such change or re-organization applies to the entire City, such change or re-organization shall apply to the Property.

5. Legal Authority. City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Request is within the sole jurisdiction of the City Council.

6. Severability. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any other part, term or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement.

7. Interpretation. The parties to this Agreement covenant and agree that in any litigation relating to this Agreement, the terms and conditions of the Agreement will be interpreted according to the laws of the State of Texas. The parties acknowledge that they are of equal bargaining power and that each of them was represented by legal counsel in the negotiation and drafting of this Agreement.

8. Immunities. This Agreement shall not be construed to impair or affect any sovereign or governmental immunity or official immunity that may otherwise be available to the City or any officer, agent or employee of the City.

9. Entire Agreement, Amendments. This Agreement contains the entire understanding between the parties relating to the subject matter hereof and supersedes all oral statements and prior writings with respect thereto. No modification or waiver of this Agreement or any provision hereof, nor consent to any departure therefrom shall in any event be effective, irrespective of any course of dealing between the parties, unless the same shall be in a writing executed by a duly authorized representative of the party whose rights are being waived, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which it is given.

10. Jurisdiction/Venue. This Agreement is to be construed under Texas law, and venue for any action brought pursuant to this Agreement, or any activity contemplated hereby, shall lie exclusively in Hockley County, Texas.

11. No Joint Venture. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal -agent relationship between Owner and City. The rights and obligations of the parties are to be governed strictly by this Agreement and it is not intended that there shall be any lending of credit by one party to the other or that either party shall be entitled to create any obligation binding on the other party not specifically provided for herein. Nothing herein shall be construed as a loan or pledge of credit or assets by City as prohibited by Article 3, Section 52 of the Texas Constitution or otherwise.

12. Execution/Multiple Originals. The execution, delivery and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by the parties. This Agreement may be executed in two counterparts, each of which shall constitute an original.


13. No Waiver. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party’s right to insist upon appropriate performance or to assert any such right on any future occasion.

14. Captions. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement.

15. Agreement Binds Successors and Runs with the Land. This Agreement is binding on and inures to the benefit of the parties, their successors, and assigns. The term of this Agreement constitutes covenants running with the land comprising the Property and is binding on the Owner.

Executed as of the day and year first above written to be effective on the effective date of annexation of the Property.

CITY OF LEVELLAND, TEXAS Barbra Pinner Mayor ATTEST: Andréa Corley, City Secretary


STATE OF TEXAS § § COUNTY OF HOCKLEY § BEFORE ME, on this day, personally appeared Barbra Pinner, Mayor of the City of Levelland, Texas, known to me or proved to me through identity card or other document to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same in the capacity stated, as the act of the City of Levelland, Texas, for the purposes and consideration therein expressed.

GIVEN UNDER MY HAND AND SEAL of this _____ day of ______________________ 2021. ___________________________ Notary Public, State of Texas


SOUTH PLAINS CHURCH Printed Name:

STATE OF TEXAS § § COUNTY OF HOCKLEY § BEFORE ME, on this day, personally appeared , known to me or proved to me through identity card or other document to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in the capacity stated and for the purposes and consideration therein expressed.

GIVEN UNDER MY HAND AND SEAL of this _____ day of ______________________ 2021. ___________________________ Notary Public, State of Texas

AGENDA MEMORANDUM - ITEM #3 TO: Honorable Mayor and City Council FROM: Erik Rejino DATE: June 18, 2021 ITEM: Consider and take necessary action on a development agreement with Michaels Family Trust

regarding the development of La Hacienda de los Marquez. In 2009, Mickey Michaels requested that his property located on the corner of County Road and East Ellis, which at that time was outside the City, be annexed at his request. The primary reason for this request by Mr. Michaels was to gain access to water service. The City agreed to annex Mr. Michaels’ property and Mr. Michaels agreed to bear the cost to extend water service to service his property where he currently has his house. In 2019 Mr. Michaels made another request to the City to replat the portion of his property that is currently not developed. The purpose behind the replat and subdividing the property was to allow him to sell off the remaining lots as he had opportunity. The discussion at that time was geared around Mr. Michaels putting in the infrastructure as the developer which he would then sell off to individuals interested in developing the property. It is important to note that most of the property is zoned Single Family – 1 with the exception of Lot 9 and 11 being zoned General Business – 2. At this time, Mr. Michaels has someone interested in at least one of the lots. While there is nothing stopping Mr. Michaels or the potential buyer from completing the property transaction, no building permit can be issued until adequate city infrastructure is in place. Accordingly, Mr. Michaels has requested that we allow him to phase in the minimum infrastructure needed as lots are sold. The arrangement we are proposing with Mr. Michaels is as follows. The information below is accompanied by a map that follows this memo.

• Phase 1: Bring Lots 7, 8 and 9 online

o Necessary infrastructure Fire hydrant and alleyway (highlighted in yellow) Street lights

• Phase 2: Bring Lots 6A and 5A online

o Necessary Infrastructure Fire hydrant (highlighted in green) Street lights

• Phase 3: Bring Lots 4A online

o Necessary Infrastructure Fire hydrant and alley (highlighted in red) Street lights

This arrangement will allow Mr. Michaels to phase in all of the infrastructure with the exception of sewer service. Due to elevation issues staff does not feel this area can be provided with sewer service. Doing so would likely require a lift station which would be very expensive to put in and very expensive to maintain. However, keep in mind, sewer service is an

Enterprise Fund function, meaning, if you do not receive the service, you do not pay for the service. To summarize, while no residents would have sewer service available, no sewer service charge would be assessed to their utility bills.

In addition to the proposed Development Agreement you will also find a Declaration of Protective Covenants. This document further states that no sewer service will be provided for this subdivision. Both the Declaration of Protective Covenants and the Development Agreement will be filed with the permanent property records if approved. These documents would be discoverable through a title search for these particular properties if a title search is done.

Following this memo you will find the following:

• Aerial Map of the Property • Plat • Plat (color coded by phase) • Proposed Development Agreement • Declaration of Protective Covenants

Recommendation: Approve a Development Agreement and Declaration of Protective Covenants with Michaels Family Trust regarding the development of La Hacienda de los Marquez.

erejino

Highlight

erejino

Highlight

erejino

Highlight

erejino

Highlight

erejino

Highlight

erejino

Highlight

erejino

Highlight

erejino

Highlight

erejino

Highlight

erejino

Highlight

erejino

Highlight

City of Levelland – Developer Agreement Page 1 of 7

DEVELOPMENT AGREEMENT MICHAELS FAMILY TRUST

This Development Agreement (“Agreement”) is made by and between the City of Levelland, Texas (“the City”) and the Michaels Family Trust by and through Mickey Michaels (“the Developer”) for the purposes and in accordance with the provisions herein set forth:

RECITALS WHEREAS, the Michaels Family Trust owns Lots 5A, 6A, 7, 8, 9, 10, and 11 in the La Hacienda de Los Marquez Subdivision located at County Road 140 and 2001 E. Ellis Street, within the municipal limits of the City of Levelland, Hockley County, Texas as further depicted in the exhibit attached hereto as Exhibit “A” (the “Property”); and WHEREAS, on November 19, 2018, the City Council of the City of Levelland approved Ordinance 1036 changing the zoning from SF-1 Restricted Single Family District, MF-3 Low Density Multi-Family District, and B-1 Local Business District to B-2 General Business District located at La Hacienda de Los Marquez Subdivision, Lot 6 as requested by the Michaels Family Trust; and WHEREAS, on September 9, 2019, the City Council of the City of Levelland at its regular council meeting approved the re-plat of property owned by the Michaels Family Trust located at County Road 140 and 2001 E. Ellis Street, Lots 4, 5 and 6 of the La Hacienda De Los Marquez Subdivision at the request of the Developer so that Developer could subdivide the property creating more SF-1 Restricted Single Family lots for development; and WHEREAS, state law and Article 9.400 of the Code of Ordinances of the City of Levelland outlines the requirements for subdivisions and replats that requires the installation of certain public utility infrastructure before building permits can be issued for new development in a subdivision; and WHEREAS, the Developer desires to sell certain lots within the Property for development without first building out all public utility infrastructure as is normally required; and WHEREAS, the City, after due and careful consideration, is desirous of having the Property be developed and is willing to allow the Developer to develop the Property through development phases in accordance with the terms and conditions outlined in this Agreement; NOW, THEREFORE, for and in consideration of the covenants and conditions herein contained and other valuable consideration, the sufficiency is expressly acknowledged and agreed to, the Developer and the City agree as follows:

I. PURPOSE AND INTENT The findings and recitals outlined above are found to be material, true and correct and are hereby adopted, approved and incorporated into this Agreement. Furthermore, all Exhibits referenced herein and attached hereto are incorporated into this Agreement as though set forth fully herein.

II. PHASED DEVELOPMENT OF THE PROPERTY A. General. It is understood by the City and the Developer that but for this Agreement, the

Developer would be required under the City’s ordinance to complete the installation of all


public utilities for the entire Property prior to being issued any building permits for development on the Property. However, the City shall permit the Developer to proceed with the development of the Property in the phases outlined below subject to the Developer complying with all terms and conditions of this Agreement.

B. Property Development Phase 1 – Lots 8 and 9: The Developer shall be permitted to sale and/or develop Lots 8 and 9 of the Property upon completion of the installation and construction of all water utilities, street lights, a fire hydrant and an alley right-of-way dedicated for public utility use as highlighted in yellow in the attached Exhibit A.

C. Property Development Phase 2 – Lots 6A and 7: After successfully completing the public improvements for Phase 1 outlined above, the Developer shall be permitted to sale and/or develop Lots 6A and 7 upon completion of the installation and construction of all street lights, water utilities including a fire hydrant as highlighted in green in the attached Exhibit A.

D. Property Development Phase 3 – Lot 5A: After successfully completing the Public Improvements for Phase 1 and the installation and construction of all water utilities including a fire hydrant for Phase 2 as outlined above, the Developer shall be permitted to sale and/or develop Lot 5A upon completion of the installation and construction of all street lights, water utilities, a fire hydrant and an alley right-of-way dedicated for public utility use as highlighted in red in the attached Exhibit A.

E. The Developer shall be responsible for obtaining all necessary permits related to the installation and construction of , water and sewer taps, and other utility services.

F. Developer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules, standards and regulations relating, in any way, manner or form, to the activities under this Agreement and any amendments thereto.

G. Developer represents and warrants to the City that Developer has full lawful right, power and authority to execute and deliver and perform the terms and obligations of this Agreement and all of the foregoing have been or will be duly and validly authorized and approved by all necessary actions of the Developer. The Developer acknowledges that this Agreement constitutes the legal, valid and binding obligation of the Developer and is enforceable in accordance with its terms and provisions.

III. DESIGN/CONSTRUCTION/INSTALLATION OF PUBLIC IMPROVEMENTS A. Construction/Installation Techniques. Developer shall be solely responsible for the

means, methods, techniques, sequences, and procedures of completing any and all work contemplated in installing the public improvements outlined in Section II of this Agreement. However, prior to commencing any construction or installation activities, Developer shall submit to the City for City approval complete design and construction plans for the installation of all water utilities, fire hydrants and alleys associated with the development of the lots outlined in Section II that meets all applicable state and City regulations, ordinances and codes. The sizes, gradients, locations and depths of any water utility facilities installed as part of the development of the Property shall be designed to adequately serve adjoining areas to the Property and shall conform to applicable state and City regulations, ordinances, standards and codes.

B. Plan Approval/Commencement. Upon submittal and approval of the plans by the City


representative and any appropriate state agencies, Developer may begin the procedures for construction of the public improvements in accordance with Section II of this Agreement.

C. Location of Installation. No installation of public improvements required in this Agreement shall be made at any other locations except a dedicated street or alley or an easement or both dedicated in favor of the City, which shall be furnished and filed of record by Developer.

D. Rights-of-Way/Utility Easements. If necessary, as determined by the City, Developer, at Developer’s sole cost and expense, will furnish to the City any and all lands necessary for the installation of the public improvements required under this Agreement, including any necessary rights-of-way for access, easements and other lands designated for the City’s use in extending utility service to the Property. The size of such rights-of-way/easements necessary for extending utility service shall be determined solely by the City. Developer agrees to execute any and all documents required by the City to grant the aforementioned property rights to the City as deemed necessary by the City.

E. Equipment/Improvements Become City Property. Any and all equipment, pipelines and/or materials installed by the Developer in accordance with this Agreement, once inspected, accepted and approved in writing by the City, shall immediately vest with and become the property of the City and an integral part of the City’s utility system. The City shall be responsible for all necessary maintenance and upkeep of such water utility equipment, pipelines, fire hydrants and materials following acceptance.

IV. DEVELOPER’S COSTS Developer agrees to be solely responsible for the total cost incurred by Developer constructing, designing and installing the public improvements outlined in this Agreement associated with the Property.

VI. COVENANTS OF DEVELOPER AND DEFAULT

A. Covenants of Developer. Developer covenants and agrees with City that, while this Agreement is in effect, Developer will comply or cause compliance with the following terms and conditions, which are material terms to this Agreement: (1) Developer shall timely perform and comply in all material respects with all terms,

conditions, and provisions set forth in this Agreement; (2) Developer shall timely pay all ad valorem real or personal property taxes owed to the

City; and (3) Developer shall provide accurate and truthful representations, statements and

information in all documentation provided to the City. B. Default and City’s Remedies.

(1) A default shall exist in the event that Developer: (a) owes ad valorem taxes to the City that are delinquent; (b) violates any of the terms and conditions of this Agreement;


(c) abandons and discontinues operations under this Agreement; (d) fails to abide by all applicable laws, ordinances, rules and regulations of the

United States, State of Texas and the City of Levelland; (e) fails to develop the Property in accordance with the terms of this Agreement; or (f) makes an assignment for the benefit of creditors; or files a voluntary petition of

bankruptcy; or if proceedings in bankruptcy are instituted against Developer and Developer is thereafter adjudicated as bankrupt pursuant to such proceedings; or if a receiver for Developer’s assets is appointed; or if Developer petitions or applies to any tribunal for the appointment of a trustee or receiver for Developer under any bankruptcy, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect.

(2) Upon default, failure to perform or breach, the City shall give thirty (30) days written notice to the Developer to correct or cure any such default, failure to perform or breach. If the default, failure to perform or breach complained of shall not have been corrected in a manner satisfactory to the City within thirty (30) days from the date of receipt such notice, the City may, at once and without further notice to Developer, at its option, terminate this Agreement pursue any and all remedies at law or in equity, it may be entitled to in accordance with Texas law, without the necessity of further notice to or demand upon the Developer.

VII. DECLARATION OF PROTECTIVE COVENANTS A. Upon execution of this Agreement, Developer shall file at Developer’s sole cost and

expense a Declaration of Protective Covenants in the form as attached hereto as Exhibit “B”, outlining the requirements of Developer to install and complete the installation of all public utilities for the lots located on the Property in accordance with Section II of this Agreement prior to any structure being constructed on said lots.

VIII. GENERAL PROVISIONS

A. Developer shall be responsible for, defend, indemnify and shall hold harmless the City and its officers, employees and agents for all suits, actions, losses, damages, claims or liability of any character, type or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorneys’ fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, performance under this Agreement or occasioned by, directly or indirectly the acts of Developer, its officers, employees, agents and/or third party contractors.

B. In the event either party shall be rendered unable to carry out its obligation under this Agreement in whole or in part as a result of “Force Majeure”, then the party shall give written notice and describe in detail the nature of the occurrence, and the affected obligation of the party giving such notice. The obligation of the party giving notice shall be suspended during the continuance of the inability then claimed, but for no longer


period. The affected party shall use its best efforts to endeavor to overcome such inability with all reasonable dispatch. The term “Force Majeure” as employed herein shall mean any acts of God (with the exception of drought), strikes, lockouts, or other industrial disturbance, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas, or any civil or military authority, earthquake, fires, storms, floods, washouts, civil disturbances, explosions, breakage or accidents to machinery, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement.

C. This Agreement is performable in full in Hockley County, and all monies payable by Developer are payable at the City’s office at the Levelland City Hall. Exclusive venue for any action brought pursuant to this Agreement, or any activity contemplated hereby, shall lie exclusively in Hockley County, Texas. Prior to instituting any formal proceedings, the parties do agree to meet and make a good faith effort to resolve any such disagreement.

D. Any notice required to be given to any party under this Agreement shall be in writing and will be considered duly delivered when mailed by certified mail, return receipt requested, or sent by facsimile or electronic transmission with receipt acknowledged, to the address or phone number listed below or to any other address or number previously furnished in writing for such purpose to all the Parties hereto:

City of Levelland Michaels Family Trust c/o City Manager c/o Mickey Michaels P.O. Box 1010 Levelland, Texas 79336 Physical Address: 1709 Ave. H Levelland, Texas 79336 Telephone: 806-894-0113 Telephone: Facsimile: 806-894-0119 Facsimile: E-Mail: [email protected] E-Mail:

Unless otherwise stated in this Agreement, notices sent in the aforementioned manner shall be deemed effectively given when received.

E. This Agreement is not assignable in whole or in part, except with the written permission of the City. However, this does not prevent an assignment by Developer to an entity or affiliate controlled by or under common control with the Developer and, if following such assignment, the assignee continues to perform under the terms of this Agreement.

F. This Agreement states the entire agreement of the parties with respect to the matters discussed herein and supersedes all prior or contemporaneous oral or written understandings, agreements, statements or promises.

G. This Agreement may not be amended or modified in any respect except by a written instrument duly executed by all of the parties to this Agreement.

mailto:[email protected]


H. If any portion of this Agreement is held unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected and shall remain fully in force and enforceable.

I. The parties to this Agreement acknowledge that the City’s obligations as outlined in this Agreement relate to the governmental functions of the City. Nothing in this Agreement shall be held to modify or to change in any way the sovereign or official immunity enjoyed by the City of Levelland, Texas, or their respective officers and employees. No waiver of sovereign or official immunity, whether express or implied, is intended or made by this Agreement.

Executed this ______ day of _________________, 2021 (the “Effective Date”). City: THE CITY OF LEVELLAND, TEXAS By: Barbra Pinner, Mayor ATTEST: Andréa Corley, City Secretary


Developer: MICHAELS FAMILY TRUST By: Mickey Michaels STATE OF TEXAS § § COUNTY OF HOCKLEY § BEFORE ME, on this day, personally appeared Mickey Michaels on behalf of the Michaels Family Trust, known to me or proved to me through identity card or other document to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same in the capacities stated for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL of this _____ day of ______________________ 2021. ___________________________ Notary Public, State of Texas


DEVELOPMENT AGREEMENT MICHAELS FAMILY TRUST

This Development Agreement (“Agreement”) is made by and between the City of Levelland, Texas (“the City”) and the Michaels Family Trust by and through Mickey Michaels (“the Developer”) for the purposes and in accordance with the provisions herein set forth:

RECITALS WHEREAS, the Michaels Family Trust owns Lots 5A, 6A, 7, 8, 9, 10, and 11 in the La Hacienda de Los Marquez Subdivision located at County Road 140 and 2001 E. Ellis Street, within the municipal limits of the City of Levelland, Hockley County, Texas as further depicted in the exhibit attached hereto as Exhibit “A” (the “Property”); and WHEREAS, on November 19, 2018, the City Council of the City of Levelland approved Ordinance 1036 changing the zoning from SF-1 Restricted Single Family District, MF-3 Low Density Multi-Family District, and B-1 Local Business District to B-2 General Business District located at La Hacienda de Los Marquez Subdivision, Lot 6 as requested by the Michaels Family Trust; and WHEREAS, on September 9, 2019, the City Council of the City of Levelland at its regular council meeting approved the re-plat of property owned by the Michaels Family Trust located at County Road 140 and 2001 E. Ellis Street, Lots 4, 5 and 6 of the La Hacienda De Los Marquez Subdivision at the request of the Developer so that Developer could subdivide the property creating more SF-1 Restricted Single Family lots for development; and WHEREAS, state law and Article 9.400 of the Code of Ordinances of the City of Levelland outlines the requirements for subdivisions and replats that requires the installation of certain public utility infrastructure before building permits can be issued for new development in a subdivision; and WHEREAS, the Developer desires to sell certain lots within the Property for development without first building out all public utility infrastructure as is normally required; and WHEREAS, the City, after due and careful consideration, is desirous of having the Property be developed and is willing to allow the Developer to develop the Property through development phases in accordance with the terms and conditions outlined in this Agreement; NOW, THEREFORE, for and in consideration of the covenants and conditions herein contained and other valuable consideration, the sufficiency is expressly acknowledged and agreed to, the Developer and the City agree as follows:

I. PURPOSE AND INTENT The findings and recitals outlined above are found to be material, true and correct and are hereby adopted, approved and incorporated into this Agreement. Furthermore, all Exhibits referenced herein and attached hereto are incorporated into this Agreement as though set forth fully herein.

II. PHASED DEVELOPMENT OF THE PROPERTY A. General. It is understood by the City and the Developer that but for this Agreement, the

Developer would be required under the City’s ordinance to complete the installation of all


public utilities for the entire Property prior to being issued any building permits for development on the Property. However, the City shall permit the Developer to proceed with the development of the Property in the phases outlined below subject to the Developer complying with all terms and conditions of this Agreement.

B. Property Development Phase 1 – Lots 8 and 9: The Developer shall be permitted to sale and/or develop Lots 8 and 9 of the Property upon completion of the installation and construction of all water utilities, street lights, a fire hydrant and an alley right-of-way dedicated for public utility use as highlighted in yellow in the attached Exhibit A.

C. Property Development Phase 2 – Lots 6A and 7: After successfully completing the public improvements for Phase 1 outlined above, the Developer shall be permitted to sale and/or develop Lots 6A and 7 upon completion of the installation and construction of all street lights, water utilities including a fire hydrant as highlighted in green in the attached Exhibit A.

D. Property Development Phase 3 – Lot 5A: After successfully completing the Public Improvements for Phase 1 and the installation and construction of all water utilities including a fire hydrant for Phase 2 as outlined above, the Developer shall be permitted to sale and/or develop Lot 5A upon completion of the installation and construction of all street lights, water utilities, a fire hydrant and an alley right-of-way dedicated for public utility use as highlighted in red in the attached Exhibit A.

E. The Developer shall be responsible for obtaining all necessary permits related to the installation and construction of , water and sewer taps, and other utility services.

F. Developer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules, standards and regulations relating, in any way, manner or form, to the activities under this Agreement and any amendments thereto.

G. Developer represents and warrants to the City that Developer has full lawful right, power and authority to execute and deliver and perform the terms and obligations of this Agreement and all of the foregoing have been or will be duly and validly authorized and approved by all necessary actions of the Developer. The Developer acknowledges that this Agreement constitutes the legal, valid and binding obligation of the Developer and is enforceable in accordance with its terms and provisions.

III. DESIGN/CONSTRUCTION/INSTALLATION OF PUBLIC IMPROVEMENTS A. Construction/Installation Techniques. Developer shall be solely responsible for the

means, methods, techniques, sequences, and procedures of completing any and all work contemplated in installing the public improvements outlined in Section II of this Agreement. However, prior to commencing any construction or installation activities, Developer shall submit to the City for City approval complete design and construction plans for the installation of all water utilities, fire hydrants and alleys associated with the development of the lots outlined in Section II that meets all applicable state and City regulations, ordinances and codes. The sizes, gradients, locations and depths of any water utility facilities installed as part of the development of the Property shall be designed to adequately serve adjoining areas to the Property and shall conform to applicable state and City regulations, ordinances, standards and codes.

B. Plan Approval/Commencement. Upon submittal and approval of the plans by the City


representative and any appropriate state agencies, Developer may begin the procedures for construction of the public improvements in accordance with Section II of this Agreement.

C. Location of Installation. No installation of public improvements required in this Agreement shall be made at any other locations except a dedicated street or alley or an easement or both dedicated in favor of the City, which shall be furnished and filed of record by Developer.

D. Rights-of-Way/Utility Easements. If necessary, as determined by the City, Developer, at Developer’s sole cost and expense, will furnish to the City any and all lands necessary for the installation of the public improvements required under this Agreement, including any necessary rights-of-way for access, easements and other lands designated for the City’s use in extending utility service to the Property. The size of such rights-of-way/easements necessary for extending utility service shall be determined solely by the City. Developer agrees to execute any and all documents required by the City to grant the aforementioned property rights to the City as deemed necessary by the City.

E. Equipment/Improvements Become City Property. Any and all equipment, pipelines and/or materials installed by the Developer in accordance with this Agreement, once inspected, accepted and approved in writing by the City, shall immediately vest with and become the property of the City and an integral part of the City’s utility system. The City shall be responsible for all necessary maintenance and upkeep of such water utility equipment, pipelines, fire hydrants and materials following acceptance.

IV. DEVELOPER’S COSTS Developer agrees to be solely responsible for the total cost incurred by Developer constructing, designing and installing the public improvements outlined in this Agreement associated with the Property.

VI. COVENANTS OF DEVELOPER AND DEFAULT

A. Covenants of Developer. Developer covenants and agrees with City that, while this Agreement is in effect, Developer will comply or cause compliance with the following terms and conditions, which are material terms to this Agreement: (1) Developer shall timely perform and comply in all material respects with all terms,

conditions, and provisions set forth in this Agreement; (2) Developer shall timely pay all ad valorem real or personal property taxes owed to the

City; and (3) Developer shall provide accurate and truthful representations, statements and

information in all documentation provided to the City. B. Default and City’s Remedies.

(1) A default shall exist in the event that Developer: (a) owes ad valorem taxes to the City that are delinquent; (b) violates any of the terms and conditions of this Agreement;


(c) abandons and discontinues operations under this Agreement; (d) fails to abide by all applicable laws, ordinances, rules and regulations of the

United States, State of Texas and the City of Levelland; (e) fails to develop the Property in accordance with the terms of this Agreement; or (f) makes an assignment for the benefit of creditors; or files a voluntary petition of

bankruptcy; or if proceedings in bankruptcy are instituted against Developer and Developer is thereafter adjudicated as bankrupt pursuant to such proceedings; or if a receiver for Developer’s assets is appointed; or if Developer petitions or applies to any tribunal for the appointment of a trustee or receiver for Developer under any bankruptcy, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect.

(2) Upon default, failure to perform or breach, the City shall give thirty (30) days written notice to the Developer to correct or cure any such default, failure to perform or breach. If the default, failure to perform or breach complained of shall not have been corrected in a manner satisfactory to the City within thirty (30) days from the date of receipt such notice, the City may, at once and without further notice to Developer, at its option, terminate this Agreement pursue any and all remedies at law or in equity, it may be entitled to in accordance with Texas law, without the necessity of further notice to or demand upon the Developer.

VII. DECLARATION OF PROTECTIVE COVENANTS A. Upon execution of this Agreement, Developer shall file at Developer’s sole cost and

expense a Declaration of Protective Covenants in the form as attached hereto as Exhibit “B”, outlining the requirements of Developer to install and complete the installation of all public utilities for the lots located on the Property in accordance with Section II of this Agreement prior to any structure being constructed on said lots.

VIII. GENERAL PROVISIONS

A. Developer shall be responsible for, defend, indemnify and shall hold harmless the City and its officers, employees and agents for all suits, actions, losses, damages, claims or liability of any character, type or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorneys’ fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, performance under this Agreement or occasioned by, directly or indirectly the acts of Developer, its officers, employees, agents and/or third party contractors.

B. In the event either party shall be rendered unable to carry out its obligation under this Agreement in whole or in part as a result of “Force Majeure”, then the party shall give written notice and describe in detail the nature of the occurrence, and the affected obligation of the party giving such notice. The obligation of the party giving notice shall be suspended during the continuance of the inability then claimed, but for no longer


period. The affected party shall use its best efforts to endeavor to overcome such inability with all reasonable dispatch. The term “Force Majeure” as employed herein shall mean any acts of God (with the exception of drought), strikes, lockouts, or other industrial disturbance, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas, or any civil or military authority, earthquake, fires, storms, floods, washouts, civil disturbances, explosions, breakage or accidents to machinery, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement.

C. This Agreement is performable in full in Hockley County, and all monies payable by Developer are payable at the City’s office at the Levelland City Hall. Exclusive venue for any action brought pursuant to this Agreement, or any activity contemplated hereby, shall lie exclusively in Hockley County, Texas. Prior to instituting any formal proceedings, the parties do agree to meet and make a good faith effort to resolve any such disagreement.

D. Any notice required to be given to any party under this Agreement shall be in writing and will be considered duly delivered when mailed by certified mail, return receipt requested, or sent by facsimile or electronic transmission with receipt acknowledged, to the address or phone number listed below or to any other address or number previously furnished in writing for such purpose to all the Parties hereto:

City of Levelland Michaels Family Trust c/o City Manager c/o Mickey Michaels P.O. Box 1010 Levelland, Texas 79336 Physical Address: 1709 Ave. H Levelland, Texas 79336 Telephone: 806-894-0113 Telephone: Facsimile: 806-894-0119 Facsimile: E-Mail: [email protected] E-Mail:

Unless otherwise stated in this Agreement, notices sent in the aforementioned manner shall be deemed effectively given when received.

E. This Agreement is not assignable in whole or in part, except with the written permission of the City. However, this does not prevent an assignment by Developer to an entity or affiliate controlled by or under common control with the Developer and, if following such assignment, the assignee continues to perform under the terms of this Agreement.

F. This Agreement states the entire agreement of the parties with respect to the matters discussed herein and supersedes all prior or contemporaneous oral or written understandings, agreements, statements or promises.

G. This Agreement may not be amended or modified in any respect except by a written instrument duly executed by all of the parties to this Agreement.



H. If any portion of this Agreement is held unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected and shall remain fully in force and enforceable.

I. The parties to this Agreement acknowledge that the City’s obligations as outlined in this Agreement relate to the governmental functions of the City. Nothing in this Agreement shall be held to modify or to change in any way the sovereign or official immunity enjoyed by the City of Levelland, Texas, or their respective officers and employees. No waiver of sovereign or official immunity, whether express or implied, is intended or made by this Agreement.

Executed this ______ day of _________________, 2021 (the “Effective Date”). City: THE CITY OF LEVELLAND, TEXAS By: Barbra Pinner, Mayor ATTEST: Andréa Corley, City Secretary


Developer: MICHAELS FAMILY TRUST By: Mickey Michaels STATE OF TEXAS § § COUNTY OF HOCKLEY § BEFORE ME, on this day, personally appeared Mickey Michaels on behalf of the Michaels Family Trust, known to me or proved to me through identity card or other document to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same in the capacities stated for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL of this _____ day of ______________________ 2021. ___________________________ Notary Public, State of Texas

AGENDA MEMORANDUM – ITEM #4 TO: Honorable Mayor and City Council FROM: Sarah Osburn DATE: June 16, 2021 ITEM: Consider and take necessary action on an agreement with Bolinger, Segars, Gilbert &

Moss to provide to provide audit services for the City of Levelland. Earlier this month council selected the accounting firm of Bolinger, Segars, Gilbert & Moss, LLP to provide audit services for the City and its component units, the LEDC and the LCDC. Following is the proposal from the firm and an engagement letter for the fiscal year 2020/2021 audit. The fees have not increased from the prior year and would remain the same through September 30, 2025 if approved. A copy of the engagement letter for the year ended September 30, 2021 is included for your review. Recommendation - Authorize staff to accept the proposal and execute an engagement letter with the accounting firm of Bolinger, Segars, Gilbert & Moss, LLP to perform the annual audit for fiscal year 2020/2021.

BOLINGER, SEGARS, GILBERT & MOSS, L.L.P. c e r t i f i e d p u b l i c a c c o u n t a n t s

PHONE: (806) 747-3806

FAX: (806) 747-3815

8215 Nashville Avenue

LUBBOCK, TEXAS 79423-1954

May 10, 2021

City Council City of Levelland, Texas 1709 Avenue H Levelland, Texas 79336 We are pleased to confirm our understanding of the services we are to provide the City of Levelland, Texas for the year ended September 30, 2021. We will audit the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City of Levelland, Texas as of and for the year ended September 30, 2021. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the City of Levelland, Texas’ basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City of Levelland, Texas’ RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by U.S. generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited:

1. Schedules of Changes in the Plan’s Net Pension Liability and Related Ratios 2. Schedules of Contributions 3. Schedules of Changes in the Total OPEB Liability and Related Ratios 4. Budgetary Comparison Schedule – General Fund 5. Notes to the Required Supplementary Information – Pension Plan 6. Notes to the Required Supplementary Information – Budgetary Comparison Schedule

We have also been engaged to report on supplementary information other than RSI that accompanies the City of Levelland, Texas’ financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole:

1) Combining Balance Sheet – Nonmajor Governmental Funds 2) Combining Statement of Revenues, Expenditures, and Changes In Fund Balances – Nonmajor

Governmental Funds 3) Combining Balance Sheet – Nonmajor Special Revenue Funds

City Council City of Levelland, Texas May 10, 2021 Page 2

4) Combining Statement of Revenues, Expenditures, and Changes In Fund Balances – Nonmajor Special Revenue Funds

5) Combining Statement of Net Position – Internal Service Funds 6) Combining Statement of Revenues, Expenses, and Changes in Fund Net Position – Internal

Service Funds 7) Combining Statement of Cash Flows – Internal Service Funds

Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of City of Levelland, Texas’ and other procedures we consider necessary to enable us to express such opinions. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions on the financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, and noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The reports on internal control and compliance will each include a paragraph that states that the purpose of the report is solely to describe the scope of testing of internal control over financial reporting and compliance, and the result of that testing, and not to provide an opinion on the effectiveness of internal control over financial reporting or on compliance, and that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering internal control over financial reporting and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the City of Levelland, Texas is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse.

City Council City of Levelland, Texas May 10, 2021 Page 3 Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures—Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Levelland, Texas’ compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Other Services We will also assist in preparing the financial statements and related notes to the financial statements of the City of Levelland, Texas in conformity with U.S. generally accepted accounting principles based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other

City Council City of Levelland, Texas May 10, 2021 Page 4 services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Management Responsibilities Management is responsible for designing, implementing, and maintaining effective internal controls, including evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with U.S. generally accepted accounting principles, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for ensuring that management is reliable and financial information is reliable and properly recorded. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, violations of contracts or grant agreements, or abuse that we may report. You are responsible for the preparation of the supplementary information in conformity with accounting principles generally accepted in the United States of America. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) that you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) that the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons

City Council City of Levelland, Texas May 10, 2021 Page 5 for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Engagement Administration, Fees, and Other The audit documentation for this engagement is the property of Bolinger, Segars, Gilbert & Moss, L.L.P. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Bolinger, Segars, Gilbert & Moss, L.L.P. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party contesting the audit finding for guidance prior to destroying the audit documentation. David Copeland is the engagement partner and is responsible for supervising the engagement and signing the reports, and whom any complaints or disputes should be directed. We estimate that our fee for these services will be $33,500 for the audit which includes full reimbursement for all meals, lodging, travel, and other out-of-pocket expenses. The fee estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. You agree that you will obtain our consent prior to reproducing our report for any reason.

City Council City of Levelland, Texas May 10, 2021 Page 6 We will comply with our professional ethics as defined by the American Institute of Certified Public Accountants. Compliance with professional ethics includes compliance with independence requirements as defined by auditing standards generally accepted in the United States of America. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our most recent peer review report accompanies this letter. We appreciate the opportunity to be of service to the City of Levelland, Texas and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, BOLINGER, SEGARS, GILBERT & MOSS, L.L.P. By: David Copeland, Partner RESPONSE: This letter correctly sets forth the understanding of the City of Levelland, Texas. By:__________________________________________________________________ Title:________________________________________________________________ Date:________________________________________________________________

BOLINGER, SEGARS, GILBERT & MOSS, L.L.P. C e r t i f i e d P u b l i c A c c o u n t a n t s

PHONE: (806) 747-3806

FAX: (806) 747-3815

8215 Nashville Avenue

LUBBOCK, TEXAS 79423-1954

May 10, 2021 City of Levelland, Texas Attention: Sarah Osburn, City Finance Director P.O. Box 1010 1709 Avenue H Levelland, Texas 79336

Audit Proposal Thank you for requesting a proposal for audit services for the City of Levelland, Texas and Component Units (the City). In response to your request for a proposal to perform an audit of the financial statements for the City for the year ended September 30, 2021, we submit this letter for your consideration. We understand that the services we are to perform include an audit of the financial statements as well as additional reports on internal control, compliance, required supplemental information, other information reported, and if necessary, reports as called for in Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and the State of Texas Uniform Grants Management Standards. The audit would be under the direct supervision of a partner of the firm as well as other personnel with varying degrees of experience as we consider necessary to complete the audit. The partner in charge of the audit would be David Copeland. Our address is Bolinger, Segars, Gilbert & Moss, LLP, 8215 Nashville Avenue, Lubbock, Texas, and our telephone number is 806-747-3806. Bolinger, Segars, Gilbert & Moss, LLP was founded in 1954. We have now grown into the largest firm in Lubbock, currently employing about 70 total personnel. We provide a wide range of services, including an audit practice that encompasses clients throughout the United States. You may find more detailed information on our firm and personnel at our website www.bsgm.com. We warrant that our firm and the partner in charge is properly licensed for practice in the State of Texas, that our firm meets applicable independence requirements, that our firm does not have a record of substandard audit work, and that our firm meets all specific requirements imposed by state or local law, rules and regulations. Our firm has been a member of the American Institute of CPAs (AICPA) quality control peer review group for over 24 years. Our most recent peer review is for the year ended May 31, 2020 and we receive an external peer review every three years in accordance with the quality control standards for an accounting and auditing practice established by the AICPA. Our latest peer review was an unmodified report with no letter of comments issued and is included in our correspondence.

Partner, Supervisory, and Staff Qualifications and Experience: Our audit approach would include approximately four to five days of fieldwork with a staff of four. We would propose to start our fieldwork on the audit in November 2021. The audit will be performed under the supervision of David Copeland and other personnel will be utilized as needed. Overall, our firm has approximately 70 total personnel. Over half of these work in our audit industry. Specifically on this engagement, we propose staffing with a partner, manager, and one other staff member. At this time, we would plan to staff it with the following key personnel: Partner- David Copeland - David is a CPA and has over 23 years of experience conducting governmental, utility, and nonprofit industry audits. David is the partner in charge of 26 local government audits annually, including our largest local government client, City of Big Spring, and has direct oversight of all staff working in the local government area at our firm. Manager- Tyler Canady - Tyler is a CPA and has been active in the firm’s audit function for over 9 years at our firm and 11 years auditing local governments and currently has the lead role in our governmental accounting area and has extensive knowledge of the Uniform Guidance for Federal Single Audits, Uniform Grant Management Standards for State Single Audits, component unit evaluation and auditing, and many other government specific issues. Other Staff- We would round out the audit team with a mixture of either junior or senior staff members. Our engagement approach is designed to have partners actively involved in all aspects of the audit, including supervision of audit teams and participation in on-site firm work. We will utilize the same staff members from year to year to the extent possible. A listing of professional staff members is included on our website. All of our staff members are required to meet the AICPA and State of Texas guidelines for continuing professional education courses. We have extensive experience with both governmental and non-profit entities, and audits of entities receiving federal and state awards. Enhanced Services: As part of the annual audit, a partner or manager of BSGM will orally present the audit results to the City council. We are also frequently requested to take part in annual strategic planning sessions conducted by the City council as well as a broad range of other issues as requested. Due to auditor independence issues, BSGM cannot make recommendations to the council concerning accounting issues. We can, however, provide a detail analysis of the pros and cons of the issues involved. Upon request, BSGM is able to provide in-house training to the City’s accounting staff, or we can host training sessions at our facilities. BSGM has provided group training for directors, managers, and others for fraud detection and prevention. Audit Approach: BSGM conducts its audit engagements using a paperless system. Each audit is staffed by a partner, manager, senior and/or junior level individuals in a manner that provides the most efficient use of the firm’s resources with an overall objective of providing the City with the best possible audit in the most efficient manner. BSGM is dedicated to providing the client with the highest possible level of service at the lowest possible cost. We also strive to provide each client with consistency in the audit team by assigning the same partner and staff from year to year to the extent possible.

The audit work papers are principally designed to provide evidence of our work in gathering sufficient verifiable information to enable us to render an opinion on the financial statements. Prior to the fieldwork, we will provide the City with a documents request letter. This letter will provide, in detail, a list of the documents we will require to conduct the audit in the most efficient manner possible. We will request, to the extent possible, all documents provided be in electronic format such as Excel, Word or PDF. The documents will include, but will not be limited to, all files containing account reconciliations, supporting documents underlying the account reconciliations, copies of contracts, loans and other supporting documents. We will request that these documents be provided to us prior to our agreed upon fieldwork date. This will allow us to properly plan the audits, perform required risk assessment analysis, and conduct some of the fieldwork in our office. Our firm will schedule our audit fieldwork to meet the needs of the City. We will provide draft copies of the reports for you to review prior to finalizing them. We understand that all client information is strictly confidential. We will notify the City immediately if there is any change to the partner in charge of the engagement. Fees: We propose the following fee amounts for the audits and tax return services for the City of Levelland, Texas and Component Units as of September 30, 2021, a fee range of $33,500 for the City’s audit, $7,000 is proposed for Levelland Economic Development Corporation, $5,000 is proposed for Levelland Community Development Corporation. In the event that Federal Awards or State Awards are above the single audit requirement threshold, we would increase the fee arrangement above by $5,000 for each single audit required. The fee range would remain the same for September 30, 2022 through September 30, 2025, if approved. Other Considerations: We are available throughout the year for general accounting and budgetary assistance. Unless these questions result in unusual problems involving research or other time consuming procedures, we do not charge for incidental services. Conclusion: Once again we would like to thank you for the opportunity to submit this proposal. Please contact us if you have questions or need additional information. I certify that I am entitled to represent the firm, empowered to submit this proposal, and I am authorized to sign a contract with the City. Sincerely, BOLINGER, SEGARS, GILBERT & MOSS, L.L.P.

By:

Enclosure

AGENDA MEMORANDUM – ITEM #5 TO: Honorable Mayor and City Council FROM: Erik Rejino DATE: June 16, 2021 ITEM: Consider and take necessary action approving Resolution No. 2021-29 authorizing the

refunding of Canadian River Municipal Water Authority Subordinate Lien Contract Revenue Bonds, Series 2012 (Conjunctive Use Groundwater Supply Project).

Often when interest rates drop consumers will refinance long-term debt, such as a homeowner mortgage, in order to take advantage of the reduced interest rates. When governmental entities do this with bonds it is called bond refunding. The Canadian River Municipal Water Authority (CRMWA) has considered refunding a bond issue issued in 2012. At its meeting on April 14th the CRMWA board of directors directed staff to proceed with the possible refunding of the 2012 series bonds at this time. The proposed resolution would authorize the possible refunding only if the Authority can achieve, at a minimum, the present value savings of at least 5 percent of the refunded principal amount. The principal amount they are looking to refund is $18,825,000 with a projected savings of $1,349,563 for the authority as a whole based on current market rates. Levelland’s portion of the projected savings based on current market rates is $42,508. The average coupon interest rate for the 2012 bonds is currently 5 percent. In order to proceed with the refunding each CRMWA member city must provide its approval. Council is being asked to pass the attached resolution providing Levelland's approval for the refunding. The information following this memo provides additional background and explanation from CRMWA bond counsel. Also, you will find a copy of the proposed resolution. Recommendation - Approve Resolution No. 2021-29 authorizing the refunding of Canadian River Municipal Water Authority Subordinate Lien Contract Revenue Bonds, Series 2012 (Conjunctive Use Groundwater Supply Project).

3711 S. MoPac Expressway, Building One, Suite 300, Austin, TX 78746 | Phone: 512-472-8021 | Fax: 512-320-5638 | www.bickerstaff.com

Austin El Paso Houston

May 27, 2021 VIA FEDERAL EXPRESS (806) 894-0113 Mr. Erik Rejino City Manager City of Levelland 1709 Avenue H Levelland, Texas 79336 Re: Canadian River Municipal Water Authority Subordinate Lien Contract Revenue

Refunding Bonds, Series 2021 (Conjunctive Use Groundwater Supply Project) Dear Mr. Rejino: At the quarterly meeting on April 14, 2021, the Board of Directors of the Canadian River Municipal Water Authority (the “Authority”), considered the refunding of the Series 2012 Bonds (as defined below) previously issued for the Conjunctive Use Groundwater Supply Project in order to provide debt service savings for the Authority and its Member Cities. To prepare for that refunding, the Board of the Authority requested that the staff of the Authority, the financial advisor and bond counsel continue to monitor market conditions, prepare an update, obtain the required Member City consent to the transaction and place an action item on the agenda for the Authority’s regular quarterly meeting scheduled for July 14, 2021 to authorize the refunding. As a part of those preparations I am contacting the City of Levelland (“City”) on behalf of the Authority to request your consideration and consent to the Authority’s proposed refunding.

The Conjunctive Use Groundwater Supply Project Contract between the Authority and the Member Cities requires that prior to refunding any outstanding bonds, the Authority must obtain each Member City’s consent and waiver as to certain notice requirements in the contract. I have prepared and enclosed a proposed draft resolution that sets out the City’s consent and waiver with regard to the bond refunding for consideration by the City Council at the next opportunity. As further background for the requested action, I am including the following information.

The revenues paid by the City under the Conjunctive Use Groundwater Supply Project Contract between the City and the Authority secure the debt service on certain obligations of the Authority, including the outstanding Canadian River Municipal Water Authority Subordinate Lien Contract Revenue Refunding Bonds, Series 2012 (Conjunctive Use Groundwater Supply Project) (the “Series 2012 Bonds”). At the Authority’s regular meeting on April 14, 2021, George Williford with Hilltop Securities Inc., the Authority’s financial advisor, identified potentially significant savings if some or all of these outstanding bonds are refunded, as a tax-

Mr. Erik Rejino May 27, 2021 Page 2

exempt refunding issue in accordance with the February 15, 2022 optional call date on the Series 2012 Bonds. Based on that presentation, the Board of Directors of the Authority authorized the staff, the financial advisor and our firm to reach out to each of the Member Cities to obtain the requisite consents, monitor market conditions and, if favorable market conditions persist, to present the item on the July 14, 2021 regular quarterly meeting agenda for Board action. The contract with the Member Cities contains notice requirements that affect the Authority’s ability to timely refund the Series 2012 Bonds in question unless each of the Member Cities waives the notice requirements and consents to the issuance of the refunding bonds. The contract makes the notice requirements apply to all bonds, not just new money bonds. As it has in prior refunding transactions, as a prerequisite to refunding the bonds, the Authority is requesting that the Member Cities waive the notice requirements and express their consent to the refunding through the adoption of the enclosed resolution. To appropriately time the refunding of the outstanding Series 2012 Bonds, the Authority will delegate the ability to trigger the refunding of the obligations to the General Manager, if he is able to achieve a certain level of savings through the refunding of the Series 2012 Bonds depending on market conditions. The resolution which is presented for the City’s consideration tracks those conditions. Accordingly, the City’s resolution is effective only if the Authority can achieve, at a minimum, the present value savings of at least 5.00% of the refunded principal amount.

It is anticipated that the Board of the Authority may authorize proceeding with the transaction at the July meeting, either for sale in late 2021 or for an earlier sale in the event that market conditions warrant. The Authority is soliciting executed consent resolutions from all of the Member Cities and requesting that the Member Cities take action on the resolutions prior to July 9, 2021. Having all of these City consent forms in hand at the July quarterly meeting will enable the Board of the Authority to consider action proceeding with authorizing the refunding. If, as anticipated, the Board delegates the sale of the bonds to the General Manager, then the General Manager will have up to six months to trigger the actual sale. Upon consultation with the financial advisor as to market conditions and timing, the General Manager will meet with the Finance Committee of the Authority and determine whether and when to exercise the delegated authority to refund some, all or none of the Series 2012 Bonds. It is contemplated that the sale of the refunding bonds would be effected in calendar year 2021 and the consent resolution limits the City’s waiver to that year. As we have done in prior refunding transactions of Authority bonds, the City will be provided with the results of the sale and how it reduces your payments. I suggest the following agenda language for the resolution to be considered by your City Council:

Consideration and possible action approving a resolution authorizing refunding of Canadian River Municipal Water Authority Subordinate Lien Contract Revenue Refunding Bonds, Series 2012 (Conjunctive Use Groundwater Supply Project)

Mr. Erik Rejino May 27, 2021 Page 3

I have enclosed the following documents: 5 copies Resolution Authorizing Refunding of Canadian River Municipal

Water Authority Subordinate Lien Contract Revenue Refunding Bonds, Series 2012 (Conjunctive Use Groundwater Supply Project)

4 copies Certificate of City Secretary (Please fill in meeting details on one copy

– we will type in the rest.)

1 copy Hilltop Securities Inc. Report: Information Related to Potential Refunding of Series 2012 Bonds, which was presented to the Board of Directors of the Authority at the April 14, 2021 quarterly meeting

Once the governing body of the City has approved the Resolution, please scan and email a fully executed copy of the Resolution and a fully executed copy the Certificate of City Secretary (which reflects any absentee members and how the members voted) to my paralegal, Esther Moreno at [email protected]. Please keep one original copy of the Resolution for your records and return the remaining four executed originals to me with the accompanying Certificates of City Secretary. A prepaid Federal Express envelope is enclosed for you to return the documents to me. Should you need a copy of the Resolution in Word format, please contact me or Esther Moreno at (512) 472-8021. Please let Kent Satterwhite, the General Manager of the Authority, and me know when the City has passed the Resolution. If you have any questions concerning this matter, please do not hesitate to call. Very truly yours,

David Méndez DM:em Enclosures cc: Kent Satterwhite General Manager Canadian River Municipal Water Authority

01328642;1

RESOLUTION NO. 2021-29

A RESOLUTION BY THE CITY OF LEVELLAND, TEXAS, AUTHORIZING REFUNDING OF CANADIAN RIVER MUNICIPAL WATER AUTHORITY SUBORDINATE LIEN CONTRACT REVENUE REFUNDING BONDS, SERIES 2012 (CONJUNCTIVE USE GROUNDWATER SUPPLY PROJECT)

WHEREAS, the City of Levelland, Texas (the “City”) has entered into that certain Agreement for the Purchase and Acquisition of Conjunctive Use Groundwater Supply (the “Agreement”) entered into as of May 15, 1996, as amended, with the Canadian River Municipal Water Authority (the “Authority”); and WHEREAS, the Authority has entered similar agreements with each of the other cities that are members of the Authority (the “Member Cities”); and WHEREAS, the Authority issued and has outstanding its Canadian River Municipal Water Authority Subordinate Lien Contract Revenue Refunding Bonds, Series 2012 (Conjunctive Use Groundwater Supply Project); Canadian River Municipal Water Authority Subordinate Lien Contract Revenue Refunding Bonds, Series 2014 (Conjunctive Use Groundwater Supply Project); Canadian River Municipal Water Authority Subordinate Lien Contract Revenue Refunding Bonds, Series 2017 (Conjunctive Use Groundwater Supply Project); and Canadian River Municipal Water Authority Subordinate Lien Contract Revenue Refunding Bonds, Series 2020 (Conjunctive Use Groundwater Supply Project); and

WHEREAS, at the present time the Authority desires to issue refunding bonds to refund all or a part of the outstanding Canadian River Municipal Water Authority Subordinate Lien Contract Revenue Refunding Bonds, Series 2012 (Conjunctive Use Groundwater Supply Project) (the “Series 2012 Bonds”) if market conditions justify refunding all, or a part of, the Series 2012 Bonds; and

WHEREAS, the Agreement provides for certain notice requirements before the Authority may issue Additional Bonds, as defined in the Agreement; and

WHEREAS, the refunding bonds are Additional Bonds under the Agreement; and

WHEREAS, timing constraints in the meeting schedules of the governing bodies

of all Member Cities of the Authority to consider and approve refunding bonds may prevent the Authority from issuing refunding bonds in a timely manner to provide savings to the Member Cities; and

WHEREAS, if the market is such that the Series 2012 Bonds can be refunded, it

is in the best interest of the City to waive certain notice requirements under the Agreement and consent to the issuance of the bonds to permit the Authority to refund all or a part of

01328642;1 -2-

the outstanding Series 2012 Bonds if a present value savings of at least 5.00% can be achieved; and

WHEREAS, if the market conditions justify the refunding of the Series 2012 Bonds,

then the Authority desires to issue refunding bonds in a principal amount not to exceed $21,000,000 to refund all or a part of the outstanding Series 2012 Bonds; and

WHEREAS the City agrees to the Authority’s issuance of bonds as subordinate

lien bonds to eliminate the need of a reserve fund; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LEVELLAND, TEXAS: SECTION 1. Should market conditions during calendar year 2021 justify the refunding of the Series 2012 Bonds, the City waives the notice requirements of Section 4.1(a) of the Agreement, and consents to the issuance of the Canadian River Municipal Water Authority Subordinate Lien Contract Revenue Refunding Bonds, Series 2021 in a principal amount not to exceed $21,000,000 to refund all or a part of the outstanding Series 2012 Bonds, subject to the requirement that the refunding bonds for the Series 2012 Bonds provide a present value debt service savings of at least 5.00%.

SECTION 2. That the City Secretary be and is hereby authorized to deliver certified copies of this Resolution and minutes pertaining to its adoption to the Authority in such numbers as may be requested for the Authority’s records and proceedings.

[ The remainder of this page intentionally left blank. ]

01328642;1 -3-

PASSED, APPROVED AND ENACTED this , 2021.

Barbra Pinner, Mayor City of Levelland, Texas

ATTEST: Andrèa Corley, City Secretary City of Levelland, Texas [City Seal]

AGENDA MEMORANDUM - ITEM #6 & #7 TO: Honorable Mayor and City Council FROM: Erik Rejino DATE: March 19, 2021 ITEM: Consider and take necessary action on a Master Cooperative Purchasing Agreement

between the City of Levelland and the Sheriffs’ Association of Texas, Inc.

Consider and take necessary action regarding the purchase of a Pickup Truck for the Emergency Management Department.

The current budget includes $34,500 to replace the Emergency Management pickup truck. The current pickup is a 2013 Ford F-150 2WD with approximately 150,000 miles. Accordingly, earlier this year we issued a Request for Proposals (RFP) and received the following bids listed below.

Bidder Vehicle Bid Bid Amount

Trade In Total

Scoggin-Dickey 2021 Ram 1500 Crew Cab 4x4

SSV

$29,353.10 $9,000.00 $20,353.10

Grapevine Dodge-Chrysler-Jeep

2021 Ram 1500 Crew Cab 4x4

SSV

$29,276.00 $6,000.00 $23,276.00

Smith South Plains

2021 Ford F-150 Super Crew

4x4

$40,130.21 $9,000.00 $31,130.21

In March of this year Council approved the bid for the low bidder, Scoggin-Dickey in the amount of $20,353.10. Scoggin-Dickey at the time of the award indicated the delivery date of the pickup truck was approximately 90-150 days out. Unfortunately, we were notified by Scoggin-Dickey recently that due to COVID-19 and microchip shortages, the order for the EMC truck was canceled along with many other vehicle orders. At this time we have two options, one of which is to issue another RFP and start the process over. There are a couple of concerns with us issuing another RFP. First of all, it appears the vehicle shortage and chip shortage is across the board so obtaining a 2021 model timely will be highly unlikely. In addition, the current EMC pickup has continued having mechanical issues and the cost to maintain the pickup has continued to increase. The other option is to go the cooperative purchasing route. Chapter 271 of the Local Government Code authorize cities to enter into cooperatives with the state or other local governments for the

purpose of procuring goods and services. In order to be awarded a purchasing contract through a purchasing cooperative vendors must go through a competitive procurement process similar to an RFP process and the low bidder wins the contract through that particular purchasing cooperative. In essence, when an entity makes a purchase through a purchasing cooperative they are purchasing a product that has already been through the competitive procurement process. At this time we are recommending that we exercise the cooperative purchasing option allowed in the Local Government Code. I asked Cole Kirkland, our Emergency Management Coordinator, to see if there were any pickup trucks that met our specifications through the various purchasing cooperatives that were readily available. At this time Cole has identified a pickup truck that meets the specifications we set in the original RFP issued earlier this year and it is available immediately. The Sheriffs’ Association of Texas, Inc. has a purchasing cooperative and has a 2021 Chevrolet Silverado 4x4 available through Parkway Chevrolet, Inc. in Tomball, TX. Parkway Chevrolet is offering a trade in of the current vehicle in the amount of $10,000 and the pickup truck for $34,464.50 for a net bid of $24,464.50 which is well within the current budget allotted for the pickup truck. Accordingly we are recommending joining the Sheriff’s Association of Texas, Inc. purchasing cooperative and approving the quote from Parkway Chevrolet in the amount of $24,464.50. This will allow us to move forward timely and secure a reliable truck for Cole and provide him with the resources he needs to do his job. Following this memo you will find a copy of the proposed Master Cooperative Purchasing Agreement and the quote provided by Parkway Chevrolet. Recommended Action Item #6: Approve a Master Cooperative Purchasing Agreement between the City of Levelland and the Sheriffs’ Association of Texas, Inc. Recommended Action Item #7: Award the quote for the Emergency Management Pickup Truck in the amount of $24,464.50 to Parkway Chevrolet, Inc. through the purchasing cooperative through the Sheriffs’ Association of Texas, Inc.

From: Cole KirklandTo: Erik RejinoSubject: Fwd: Scoggin Dickey Chry Vehicle Production Update ... Per our conversationDate: Tuesday, June 15, 2021 6:16:59 AM

Cole Kirkland, CPMEmergency Management CoordinatorLevelland-Hockley CountyOffice of Emergency Management806-894-3155806-893-0079

Begin forwarded message:

From: Brandon Adams <[email protected]>Date: June 14, 2021 at 7:05:04 PM CDTTo: Cole Kirkland <[email protected]>Subject: Fwd: Scoggin Dickey Chry Vehicle Production Update ... Per our conversation

*****CITY OF LEVELLAND SECURITY NOTICE*****

This email originated from an external sender. Exercise caution before clicking on any links or attachments and consider whether youknow the sender. DO NOT open attachments or click links from unknown sources or unexpected email.

From: Eddie Vega <[email protected]>Sent: Wednesday, June 9, 2021 10:24 AMTo: Brandon AdamsSubject: FW: Scoggin Dickey Chry Vehicle Production Update ... Per our conversation

From: Jose Lerma <[email protected]> Sent: Tuesday, June 8, 2021 11:13 AMTo: Eddie Vega <[email protected]>Cc: Tamika Stallings <[email protected]>Subject: Scoggin Dickey Chry Vehicle Production Update ... Per our conversation Mr. Vega..... Following up on our conversation from earlier today... Unfortunately, due to the industry issues (i.e. covid-19, microchip shortages, etc.) we are unable to build the followingvehicles Please notify the affected agencies & inform them that the orders identified below are not able to be produced. Per our previous conversations, bridging, carryover and/or price protection will not be offered for any 2021 MY orders,however, we expect 2022 MY ordering to open in mid-June for most body models. Ø Stellantis will be cancelling these orders...do not cancel them Ø Total Orders =1 Row Labels DS DT JT KL RU VF VM WK Grand Total

63-45717 SCOGGIN DICKEY CHRYSLER DODGE JEEP 1 1



CITY OF LEVLLAND 1 148659721 1 1

RegardsJoe LermaRegional Manager (TX, OK,AR,CO,NM,KS,MO)Government Vehicle Sales Mobile [email protected] Website: www.fcausfleet.comFleet Hot Line 1-800-999-3533 or Email them @ [email protected] on orders, email Fleet Business Relations https://www.fcausflett.com/contact-us-overview.html>con fleet business relations To obtain fleet FAN (Fleet Account Number) click on the link below:https://www.fcausfleet.com/enrollment-form.html Bid System Issues... Home Office internal contact Tamika Stallings Email... [email protected]


https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fstellantis.com&c=E,1,LybKUc9zWHY6YER54LH1ztkpqAERiC6Th8HHkQzFo3roa9ToCE9KjLOwDpywu6VWspq_I0GHOoG0y32PaXxtOo60XZvSOsaUIMLoBg6O0W6b&typo=1

https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.fcausfleet.com%2f&c=E,1,yqZ-R6oCBDrZA1IbxI_P-Tw4_bZd9svdZAR-dhSJAJfuEVvGkxISzv_YE3Opw-f3SGUqzqnfQJuG-zTcxqFRnsFb61S35oj-GkFzTzxKPfF_dNDpOIkvmg,,&typo=1


https://fcacommunity.force.com/FleetBR/s/WebformSubmission

https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.fcausfleet.com%2fenrollment-form.html&c=E,1,shOppp-7q-1_XqHXoBXqQf_oxBNV0V92S1mJlpLAWJigOeMGcWmuj1cm2TVVSVxEQohqy2GmF77zGYOBkX6AW3Zl4UPK96nlr0hf2W1Yqsp4IuoYD_GbNIA3&typo=1


of 4

MASTER COOPERATIVE PURCHASING AGREEMENT This Master Cooperative Purchasing Agreement (“Agreement”), effective January

9, 2020, is made by and between the Sheriffs’ Association of Texas, Inc. (“SAT”), a Texas non-profit corporation, and the City of Levelland, Texas (“End User”), a local government created under the laws of the State of Texas.

WITNESSETH

WHEREAS, SAT’s Vehicle Procurement Program (“VPP”) is a cooperative bid program where SAT solicits bids for vehicles to be purchased directly from vehicle vendors by units of local government or political subdivisions, including, but not limited to, municipalities and counties, local county boards of public instruction, and local public safety agencies or authorities; and WHEREAS, the purpose of the VPP is to provide public procurement of quality goods to support effective and efficient government, ensuring the prudent use of public funds. This includes providing efficient delivery of products and services; obtaining best value through competition; offering fair and equitable competitive contracting opportunities for suppliers; and maintaining public confidence through ethical and transparent procurement practices; and WHEREAS, SAT will serve as the “Contract Administrator” in the solicitation of bids process. The purpose of the solicitation for bids is to identify the most suitable manufacturer’s authorized dealer for the purchase of vehicles on a “no trade-in basis;” and

WHEREAS, the SAT Contract Administrator will award the bid to the lowest and best responsive bidder by specification and by manufacturer. The award will be determined by the price of the bid, qualifications based on a dealer’s facilities and financial resources, and demonstrated ability to perform the work in a satisfactory manner;

NOW, THEREFORE, SAT and the End User agree as follows: 1.0 Responsibilities of the parties.

1.1 The SAT will identify, solicit, and invite interested vehicle vendors, including but not limited to vehicle manufacturers, dealers and certified representatives, to submit bids for vehicles.

1.2 The SAT will develop and provide all necessary solicitation, bid, and

contract award documents which will enable End User to purchase vehicles directly from vendors at a competitive price.

1.3 The SAT will consult with the End User as needed in order to facilitate End

User’s purchase of vehicle through the VPP.

of 4

1.4 The SAT will prepare “solicitation for bid” documents in order to obtain price commitments from manufacturers and dealers for the sale of vehicles to End User.

1.5 The End User agrees to be bound by the SAT Vehicle Procurement

Program Solicitation for Bids and Contract Terms and Conditions, which is attached hereto and incorporated by reference as if fully set forth herein.

1.6 The End User agrees to provide to the SAT all information and assistance

requested by the SAT that is reasonably necessary to remain in compliance with the Vehicle Procurement Program Solicitation for Bids and Contract Terms and Conditions.

2.0 Compliance with Laws. SAT and End User each represent and warrant to the other party that each has obtained all regulatory approvals and licenses necessary to enter into and perform under the terms and conditions of this Agreement. Further, the SAT and the End User represent and warrant to the other party that each is in compliance with all applicable laws and regulations and each party covenants to remain in compliance with such laws and regulations during the term of this Agreement.

3.0 Term. The term of this Agreement shall commence on the date set out above and shall continue in effect for one (1) year. Thereafter, this Agreement shall renew automatically for successive one (1) year terms ending on the initial anniversary date each year.

4.0 Termination. This Agreement may be terminated by either party at any time without cause by written notice to the other party given at least ninety (90) days in advance of the effective date of termination.

5.0 Trademarks and Copyrights. The parties reserve the right to the control and use of their names and all seals, symbols, trademarks, or service marks presently existing or later established. Neither party shall use the other party’s name, seals, symbols, trademarks, or service marks in advertising or promotional materials or otherwise without the prior written consent of such other party unless agreed to in this document. Any use by a party, without the approval of the other party, of the name, symbols, trademarks or service marks of such other party shall cease immediately upon the earlier of written notice of such other party or termination of this Agreement. Each party hereby grants the other party the right to use its name, address, and telephone number in connection with the other party's obligations hereunder.

6.0 Notices. Any notice required to be given pursuant to the terms of this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, postage prepaid to the recipient at its respective address designated on the signature page of this Agreement.

of 4

7.0 Independent Contractors. The SAT and the End User are each acting as independent contractors under this Agreement and not as a partner, joint venture or employee of any other party to this Agreement. Each party shall be responsible for all taxes or similar charges payable with respect to any amounts received by such party under this Agreement. End User shall have no authority to bind SAT to any agreement or obligation. SAT shall have no authority to bind End User to any agreement or obligation. No party shall make any representations to the contrary.

The responsibilities of the SAT in administering the VPP are limited to those specified in the SAT Vehicle Procurement Program Solicitation for Bids and Contract Terms and Conditions, attached hereto and incorporated by reference as if fully set forth herein. This Agreement shall not create additional legal obligations for SAT beyond those specified in the attached Terms and Conditions.

8.0 Amendments. The parties reserve the right to amend or terminate this Agreement, as provided herein or as specified by amendment. All amendments or modifications to this Agreement must be mutually agreed to in writing by the End User and the SAT.

9.0 Severability. If any portion of this Agreement shall, for any reason, be invalid or unenforceable, such portion shall be ineffective only to the extent of any such invalidity or unenforceability, and the remaining portion or portions shall nevertheless be valid, enforceable, and of full force and effect.

10.0 Waiver. The waiver by either party of any breach of, or failure to insist upon strict compliance with, any provision of this Agreement or warranty or representation set forth herein, shall not be construed as a waiver of any prior or subsequent breach of or failure of strict compliance with the same or any other provision. The failure to exercise any right hereunder shall not operate as a waiver of such right. All rights and remedies provided for herein are cumulative.

11.0 Entire Agreement. This Agreement, including any exhibits or attachments hereto, contains all of the terms and conditions agreed upon by the parties regarding the subject matter of this Agreement and supersedes any prior agreements, promises, negotiations or representations, either oral or written, relating to the subject matter of this Agreement.

12.0 Execution in Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute a single instrument.

13.0 Assignment. Neither party shall in any manner assign, subcontract, or otherwise delegate its rights, duties or obligations under this Agreement unless the other party approves of such assignment, subcontract, or delegation by prior written consent thereto.

of 4

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

14.0 Force Majeure. The obligations of the SAT and the End User hereunder shall be excused during any period of delay or inability to perform caused by matters such as strikes, acts of God, shortages of raw materials or power, an inability to obtain products or services after the parties use their best efforts to provide such products or services, governmental action or compliance with governmental requirements, whether voluntary or pursuant to order, or any other matter which is beyond the reasonable efforts of the parties to control.

IN WITNESS WHEREOF, the undersigned parties have executed this Agreement to be effective as of the day and year shown on the first page.

Sheriffs’ Association of Texas, Inc. City of Levelland 1601 S. Interstate 35 1709 Ave H Austin, Texas 78741-2503 Levelland, TX 79336

X

QUOTE

Parkway Chevrolet, Inc.

INVOICE # LEVELLAND DATE: 06/15/2021

25500 SH 249, Tomball, TX 77375 713-816-0599 [email protected]

TO City of Levelland Contact: Cole Kirkland [email protected]

Quote is provided from the following contract: SHERIFF’S ASSOCIATION OF TEXAS BID# 21-02-1016

SALESPERSON JOB PAYMENT TERMS DUE DATE

JIM FINLAY CITY OF LEVELLAND

QTY DESCRIPTION UNIT PRICE LINE TOTAL

1 2021 White Chevrolet Silverado SSV 4WD 34,464.50 34,464.50

VIN# 3GCUYAEF4MG228744

Less trade -10,000.00 -10,000.00

TOTAL $24,464.50

Quotation prepared by: _______________________________________________________________________________________________ This is a quotation on the goods named, subject to the conditions noted below: Describe any conditions pertaining to these prices and any additional terms of the agreement. You may want to include contingencies that will affect the quotation. To accept this quotation, sign here and return: __________________________________________________________________________

AGENDA MEMORANDUM - ITEM #8 TO: Honorable Mayor and City Council

FROM: Erik Rejino

DATE: June 17, 2021

ITEM: Consider and take necessary action on procedures, processes, timelines, and priorities regarding lifting restrictions and regulations implemented during the COVID-19 Public Health Emergency – Resolution No. 2021-30.

Last month, Council extended the local COVID order and at this time the local order has expired. Governor Abbott has not made any changes to his most recent order, GA-34, and he has continued extending his disaster declaration related to COVID every 30 days. At this meeting we will ask Council to consider extending the local order and will also provide an update regarding our local COVID numbers. With the recent COVID-19 funding and the upcoming funding from the American Rescue Plan staff is recommending that we continue our local order so long as Governor Abbott continues the state-wide COVID order.

Following this memo you will find a summary of COVID-19 numbers that we will review at the meeting along with a summary of vaccine administered in the County. Lastly, you will find a copy of the resolution extending the local order.

Recommendation: Approve Resolution No. 2021-30 extending the local disaster declaration.

Case Summary: June 17 May 16

• Total Cases: 2581 2439• Recovered: 2913 2706• Deaths: 103 103• Active Cases: 4 4• Probable Cases:452 390

05/16/2021

06/17/2021

May 12, 2021

June 16, 2021

% of Population Vaccinated as of June 17th

State of Texas• Percent of Population 12+ Vaccinated With At

Least One Dose– 55.99%

• Percent of Population 16+ Fully Vaccinated– 46.93%

Hockley County• Percent of Population 16+ Vaccinated with At

Least One Dose– 39.29%

• Percent of Population 16+ Fully Vaccinated– 34.44%

11,970 Doses AdministeredThrough April 26th

12,413 Doses AdministeredThrough May 16th

13,233 Doses AdministeredThrough June 14th

of 2

RESOLUTION NO. 2021-30

CITY OF LEVELLAND, TEXAS DECLARATION OF LOCAL DISASTER EXTENSION TO JULY 19, 2021

WHEREAS, a novel coronavirus (COVID-19) has been recognized globally as a contagious respiratory virus; and

WHEREAS, COVID-19 continues to spread and to pose an increasing, imminent threat of disaster throughout City of Levelland and beyond; and

WHEREAS, on March 19, 2020, the Mayor of the City of Levelland, Barbra Pinner, declared a local state of disaster for public health emergency pursuant to Section 418.108(a) of the Texas Government Code, based upon the need for extraordinary measures to contain COVID-19 and to prevent its spread throughout the City of Levelland with such declaration being extended by the City Council Resolution Nos. 2020-09, 2020-14, 2020-16, 2020-21, 2020-22, 2020-23, 2020-24, 2020-28, 2020-36, 2020-39, 2020-44, 2020-48, 2020-51, 2020-54, 2021-02, 2021-09, 2021-17, 2021-18; 2021-19 and 2021-25; and

WHEREAS, on March 2, 2021, the Governor of the State of Texas issued Executive Order GA-34, superseding Executive Order GA-32, further expanding the reopening of businesses, activities, nursing homes and related facilities, and services throughout most of Texas; and

WHEREAS, the Governor of the State of Texas has stated that there has been a steady decline in hospitalizations and the rate of new COVID-19 cases due to the millions of Texans who have voluntarily been vaccinated, including many within the City of Levelland, the natural immunity of many within the community, improved medical treatments for COVID-19 patients, abundant supplies of testing and personal protective equipment, and Texans’ adherence to safe practices like social distancing, hand sanitizing, and use of face coverings; and

WHEREAS, on June 7, 2021, the Governor of the State of Texas renewed his state-wide disaster proclamation for an additional thirty (30) days, certifying that COVID-19 poses an imminent threat of disaster for all counties in the State of Texas; and

WHEREAS, the Trauma Service Area B, which includes Hockley County, is not considered an area of high hospitalization and the hospitalization rates have consistently been well below the fifteen percent (15%) high hospitalization rate threshold; and

WHEREAS, due to the improving and evolving circumstances and the desire of the City of Levelland to continue to safely re-open businesses in the City of Levelland, improve local economic conditions while still maintaining the ability to protect against COVID-19 and pursuant to Texas Government Code §418.108, the City Council believes it to be in the best interest of the City and its citizens, in order to protect and preserve the public health, safety and welfare, to continue the extension of the Declaration of Local Disaster, and adopt the measures outlined herein;

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

SECTION 1. The recitals outlined above are found to be true and correct and are incorporated as if fully set forth herein.

SECTION 2. All terms and conditions of the Governor’s Executive Order GA-34, as adopted by Resolution 2021-19, is hereby adopted and the Mayoral Declaration of Local Disaster initially signed and executed by the Mayor on March 19, 2020 and extended by the City Council by successive resolution is renewed and extended to the extent it does not directly conflict with this resolution.

SECTION 3. Pursuant to §418.108(c) of the Texas Government Code, this Resolution shall be given prompt and general publicity and shall be filed promptly with the City Secretary of the City of Levelland.

of 2

SECTION 4. In accordance with Texas Government Code § 418.173, this Resolution is being issued in accordance with the City of Levelland’s Emergency Management Plan.

SECTION 5. This Resolution shall go into effect immediately upon approval and continue until 11:59 p.m., Monday, July 19, 2021, unless renewed, extended, amended or cancelled by the Mayor or City Council of the City of Levelland.

SECTION 6. This Resolution and order authorizes the Mayor, pursuant to applicable provisions of Texas Government Code Chapter 418 and Texas Health and Safety Code §122.006, on behalf of the City of Levelland, to take any actions necessary to promote health and suppress the virus, including the quarantine of persons and occupied structures, examining and regulating hospitals, regulating ingress and egress from the City, regulating ingress and egress to occupied structures, establishment of quarantine stations, emergency hospitals, and other hospitals, enforcing applicable orders issued by the Hockley County Judge, the Governor of the State of Texas or the Texas Department of State Health Services related to suppressing the COVID-19 virus, and insuring compliance for those who do not comply with the City’s rules and directives.

SECTION 7. To the extent permitted by law, any local ordinance or administrative rule prescribing the procedures for conduct of City business or any local ordinance or administrative rule that would in any way prevent, hinder, or delay necessary action in coping with this disaster, including any local ordinance or administrative rule regarding contracting or procurement which would impede the City's emergency response necessary to cope with this declared disaster, are hereby suspended, but only for the duration of this declared local disaster and only for that limited purpose.

SECTION 8. The Mayor may comport and amend this Resolution and any subsequent order to be consistent with any applicable executive order that may be issued by the Governor of the State of Texas.

SECTION 9. The Mayor is authorized to use all available resources of the City of Levelland reasonably necessary to comply with this resolution.

Passed and approved this 21st day of June, 2021. Barbra Pinner Mayor ATTEST: Andréa Corley, City Secretary

AGENDA MEMORANDUM ITEM #9 TO: Honorable Mayor and City Council FROM: Erik Rejino DATE: June 18, 2021 ITEM: Discuss and consider the projected fiscal year 2020/2021 budget and tax rate adoption process and

schedule and provide direction to staff regarding the budget. Over the last couple of months staff has begun working through year end budget projections as well as working on next year’s budget. As we move further into the budget process there are several steps required by law that the City must follow in developing and adopting both the budget and the tax rate. It is helpful for Council to know and approve a projected schedule of required actions ahead of time. We are currently working on finalizing the proposed budget process schedule and will have it ready for Council to review by meeting time. While there may changes required as we work our way through the process, the schedule that we will propose will meet our legal requirements. In addition to reviewing the schedule Council will have an opportunity to provide input and direction to staff on items you would like to see in the budget or the budget process. This input will be used to help finalize the first draft of the upcoming budget which we plan to provide to you by the end of next week.

AGENDA MEMORANDUM ITEM #10 TO: Honorable Mayor and City Council FROM: Erik Rejino DATE: June 18, 2021 ITEM: Presentation and discussion regarding five-year capital improvement plans. A very large part of the annual budgeting process is that of budgeting for capital related items. A capital improvement is generally defined as a piece of equipment or improvement with a useable life of at least five (5) years and a cost of $5,000 or more. These include projects such as water, sewer, or street improvements as well as items such as vehicles or large equipment. A capital improvement plan (CIP) is defined as a multi-year planning tool that identifies needs from a capital perspective. On average CIP’s range from five (5) to 10 years. It complements the budget process and provides valuable information to staff and Council as the budget is developed. It is also a good tool to plan for significant expenses multiple years in advance. We have provided copies of individual department CIP’s and we will be presenting them at the Council meeting. Only the departments that have such purchases have CIP’s. The primary goal is to provide Council with an overview of needs this fiscal year as well as an overview of needs over the next five years. Following this memo you will find copies of the individual department’s CIP’s. The appropriate department heads will be in attendance to help address any questions Council may have regarding the CIP’s.

21-22 22-23 23-24 24-25 25-26 Future Total Police Patrol vehicle replacement (3) $160,000 $160,000 $160,000 $160,000 $160,000 $800,000Police Mobile Radio Replacement $42,960.00 $42,960Police LEC Project Cost Ananlysis $15,000.00 $15,000Telecom Center New Repeater Tower for City $135,000.00 $135,000Animal Shelter Remodel Shelter $25,000.00 $25,000Police Repalce Drug K-9 $10,000.00 $10,000Law Enforcement Center $15,000,000 $15,000,000Total $387,960 $160,000 $160,000 $160,000 $15,160,000 $16,027,960

CIP for Police Department Fiscal Years 2021 to 2026Division Proposed Projects

21-22 22-23 23-24 24-25 25-26 Future Total COMMAND1 $50,000 $50,000COMMAND2 $0

$0RESCUE 4 $0ENGINE 6 $500,000 $500,000ENGINE 7 $0ENGINE 8 $0TANKER 9 $0BOOSTER 10 $0COMMAND 11 $160,000 $160,000BOOSTER 12 $100,000 $100,000FOAM 13 $1,300,000 $1,300,000BOOSTER 14 $0JAWS $65,000 $65,000TRENCH 1 $0RES TRAILER $0Total $65,000 $600,000 $160,000 $1,350,000 $0 $0 $2,175,000

2013 REPLACE 15YEAR 2028

2000 REPLACED BY LADDER PLATFORM 2015 15 YR REPLACEMENT 2033(RESERVE)REPLACE 2001 RESCUE SYSTEM E7

2016 (RECEIVED 2021 USED) REPLACE 20312010 REPLACE 2024 2005 18 YR REPLACEMENT 2023 (TFS GRANT)

CIP Fire Department Fiscal Years 2021 to 2026Division Proposed Projects

2005 25 YR ROTATION 20302019 25 YR ROTATION 2044 NEW 25YR

TANKER 3

2015 10 YEAR ROTATION 20252012 10 YEAR ROTATION 20212018 PUMPER TANKER REPLACEMENT 20332008 15 YR REPLACEMENT 20282000 20 YEAR ROTATION 2023

21-22 22-23 23-24 24-25 25-26 Future Total

$6,000 $6,000

$9,500 $9,500

$9,500 $9,500

$50,000 $50,000

Total $6,000 $9,500 $9,500 $0 $0 $50,000 $6,000

Emergency Management Replace 6 Portable radios onboard MOV

Emergency Management Upgrade MOV onboard Weather Station

Emergency Management Emergency Lightbar and Siren Package

Emergency Management Replace EMC Primary Response Vehicle

Emergency Management

Replace 6 Portable radios onboard EMC truck

CIP for Emergency Management Fiscal Years 2021 to 2026Division Proposed Projects

Replace Unit 409 with a 4X4 1/2 ton pick-up truck. Standard equipment package with "hands-free" telephone capability.

Emergency Management $0

$0

Department Proposed Equipment 20-21 21-22 22-23 23-24 24-25 25-26 FutureInspection Replace Pickup 30,000$ Total -$

CIP FOR INSPECTION DEPARTMENT FISCAL YEARS 2021 to 2026

Total30,000$

-$

CIP For Parks and Cemetery Fiscal Years 2021 to 2026Division Propsed Equipment 21-22 22-23 23-24 24-25 25-26 Future Total Parks Replace Pick-Ups-Parks 30,000 $30,000Parks Replace Spray Rig $40,000 $40,000Parks Tree Farm Spade $15,000 $15,000Parks Replace Utility Trailer & Welder $5,000 $5,000Parks Replace Mower $20,000 $20,000 $40,000Parks Replace Ballfield Groomer $12,000 $12,000Parks Replace Top Dresser $35,000 $35,000Parks Lawn Sweeper $10,500 $10,500Parks Replace Tractor $45,000 $45,000Parks Backhoe Attachment $25,000 $25,000Cemetery Backhoe $110,000 $110,000Cemetery Replace Mower $20,000 $20,000Cemetery Replace Pick-Ups Cemetery 30,000 $30,000Cemetery Utility Vehicle $13,000 $13,000Sports Complex Replace Ballfield Mower $20,000 $20,000SportsComplex Replace Athletic Field Marking Machine $25,000 $25,000Sports Complex Replace LD utility Vehicle $15,000 $15,000Sports Complex Replace HD utility vehicle $25,000 $25,000Civic Center Replace Floor Scrubber 6,000 $6,000Total $10,500 $20,000 $66,000 $50,000 $27,000 $348,000 $521,500

DIVISION PRPOSED PROJECTS 21-22 22-23 23-24 24-25 25-26 TOTAL

PARKS CITY PARK REHABILITATION $11,143,281PARKS SPORTS COMPLEX PHASE 2 $5,000,000PARKS PLAYGROUND EQUPIMENT $48,000PARKS PAVE TRAILS AT COUNTRY CLUB PARK 1950LF $70,000PARKS PAVE TRAILS AT PRICE PARK 1800LF 65,000 $65,000PARKS PAVE TRALS AT BRASHEAR LAKE 2610LF $92,000 $92,000PARKS SWING SET FALL ZONES ALL PARKS $50,000 $50,000PARKS PAVE TRAILS AT GRIFFIN PARK 1865LF $65,000PARKS NEW PAVILLION LG GRIFFIN $35,000 $35,000PARKS REPAIR AND REPAINT PARK PAVILIONS $25,000 $25,000PARKS SWIMMING POOL $5,000,000PARKS BASELINE IRRGATION UPGRADE OXY $10,000PARKS MAINTENACE SHOP/OFFICE $90,000CEMETERY BASELINE IRRGATION UPGRADE CEMETERY $10,000CEMETERY CHIP SEAL ROADS $100,000CEMETERY LANDSCAPING CITY CEMETERY 50,000 $50,000CEMETERY NEW METAL FENCE/FRONT WALL $100,000CEMETERY LAY OUT MEMORIAL GARDENS 20,000 $20,000CIVIC CENTER UPGRADE REMODEL INTERIOR $1,697,456CIVIC CENTER TABLE AND CHAIR REPLACEMENT PROGRAM $3,000 $3,000 $3,000 $9,000TOTAL $28,000 $70,000 $145,000 $35,000 $68,000 $23,679,737

CIP FOR PARKS AND CEMETERY FISCAL YEAR 2021-2026

Proposed Projects 21-22 22-23 23-24 24-25 25-26 FutureScada $15,000 $15,000 $15,000 $15,000 $15,000 $15,000Air Port Lee Street Pump Station & Wells upgrades $120,000 $120,000 $120,000Meters $100,000 $100,000 $100,000 $100,000 $100,000 $100,000Fire Hydrants $50,000 $50,000 $50,000 $50,000 $50,000Fixed Base Meter Reading System $2,200,0004th St and Lee St ground Storage RemovalTwin CRMWA tank 1 million Ground Storage $1,000,0008th street water line (Received Grant)Transmission Line to Airport pump station $500,000New 1 million Gallon Eleveated tower (Rail park) $1,500,000Lee Tower Renovation $510,000Houston St Water Line $800,000Paint Water/Wastewater Warehouse $7,500Paint Water/Wastewater Warehouse $7,500Replace Pivots $400,000New Plant $15,000,000Scada $15,000 $15,000 $15,000 $15,000 $15,000 $15,000

$800,000 $300,000 $300,000 $15,180,000 $180,000 $6,555,000

WasteWaterWasteWaterWasteWaterWasteWater

Water

Total

CIP for Water Wastewater Fiscal Years 2021 to 2026Division

WaterWaterWaterWater

WaterWaterWaterWater

WaterWater

Water

Water

Total $90,000

$360,000$600,000$250,000

$2,200,000$0

$1,000,000$0

$500,000$1,500,000

$510,000$800,000

$7,500$7,500

$400,000$15,000,000

$90,000$23,315,000

Division Equipment 20-21 21-22 22-23 23-24 24-25 25-26 Future Total

Water Replace hydraulic pump $15,000 $15,000Water Backhoe $100,000 $100,000Water 6"pump $30,000 $30,000Water Ditch wicth $60,000 $60,000Water Replace 2013 GMC 2500 $35,000 $35,000Water Replace 2016 Ford F150 4x4 $30,000 $30,000Water Replace 2016 Ford F150 4x4 $30,000 $30,000Water Replace 2015 Ford F250 $40,000 $40,000Water Replace 2016 Ford Expedition 4x4 $35,000 $35,000Water Reading equipment $30,000 $30,000Wastewater Replace Vactor $300,000 $300,000Wastewater Replace Sewer Trailer $75,000 $75,000Wastewater Replace 08 Pickup $0Wastewater Replace 2013 Chevy 2500 $35,000 $35,000Wastewater Replace 2016 F250 $40,000 $40,000Wastewater Replace 1999 f550 truck $0Wastewater Replace kubota RTV $30,000 $30,000Wastewater Replace tractor $0Wastewater Replace mower $35,000

$75,000 $130,000 $130,000 $70,000 $115,000 $400,000 $885,000Total

CIP for Water Fiscal Years 2021 to 2026

city of levelland, texas levelland city council …

Documents