AGREEMENT BETWEEN NORTH TEXAS MUNICIPAL WATER DISTRICT AND

Transcription

1 AGREEMENT BETWEEN NORTH TEXAS MUNICIPAL WATER DISTRICT AND FANNIN COUNTY, TEXAS CONCERNING WATER SUPPLY AND DEVELOPMENT OF THE LOWER BOIS D' ARC CREEK RESERVOIR PROJECT THE STATE OF TEXAS COUNTY OF FANNIN This AGREEMENT BETWEEN NORTH TEXAS MUNICIPAL WATER DISTRICT AND FANNIN COUNTY, TEXAS CONCERNING WATER SUPPLY AND DEVELOPMENT OF THE LOWER BOIS D' ARC CREEK RESERVOIR PROJECT ( the Ageement") is made and enteed into as of the ot day of AtAltėi 2017 (" Ageement Date"), by and between NORTH TEXAS MUNICIPAL WATER DISTRICT, (the " Distict"), a consevation and eclamation distict ceated pusuant to Aticle XVI, Section 59 of the Constitution of the State of Texas, and govened by the povisions of Aticle , Venon's Revised Civil Statues, as amended, and FANNIN COUNTY, TEXAS, a political subdivision of the State ( heein efeed to as " Fannin County" o the " County"). The Distict and the County ae individually efeed to heein as a " Paty" and ae collectively efeed to heein as the Paties." WITNESSETH WHEREAS, the Distict and the County ae authoized to ente into this Ageement pusuant to Chapte 791 of the Texas Govenment Code, ( the " Intelocal Coopeation Act") and othe applicable laws; and WHEREAS, the Distict was ceated, among othe things, to seve the wate needs of its Membe Cities, as defined in TEX. REV. CIV. STAT. ART ; and WHEREAS, the Distict supplies wate to cities, towns and utilities who povide wate sevice to etail customes in Denton, Collin, Hopkins, Hunt, Raines, Rockwall, Dallas, Kaufman, Fannin, and Gayson Counties; and WHEREAS, both the Distict and the County ae located in the Region C Regional Wate Planning Goup aea pusuant to designations made by the Texas Wate Development Boad to implement the povisions of Senate Bill 1, an act of the Legislatue that equies all egions of the state and all wate supply agencies within such egions to develop viable wate supply plans ove a fifty( 50) yea planning cycle; and WHEREAS, Fannin County and the Distict desie to coopeate in the development of a suface wate supply esevoi in Fannin County on Bois d'ac Ceek in the Red Rive Basin; and 1

2 WHEREAS, the Region C Wate Plan and the State Wate Plan each include a esevoi on Bois d'ac Ceek in Fannin County as a ecommended wate management stategy fo the Distict, and this poposed esevoi is efeed to as the Lowe Bois d'ac Ceek Resevoi ( the Resevoi"); and WHEREAS, the location of the poposed dam to ceate the impoundment fo the Resevoi is on Bois d'ac Ceek, appoximately 2. 7 miles downsteam of the FM 1396 bidge ove Bois d'ac Ceek; and WHEREAS, when the Resevoi is efeed to heein, it is mutually ageed that said tem shall efe to the body of wate to be impounded, including any associated lands easonably equied fo safe and eliable opeation of such a wate supply souce, and any lands the Distict may designate to be pat of the poject fo development, mitigation and opeation of the Resevoi; and WHEREAS, the Distict has evaluated the feasibility of the poposed Resevoi and has been issued a wate ights pemit by the Texas Commission on Envionmental Quality (" TCEQ") to appopiate, stoe and divet state wate, and has also filed a Clean Wate Act Section 404 pemit application with U. S. Amy Cops of Enginees(" USACE") to constuct the poposed Resevoi; and WHEREAS, to enable the Resevoi's pimay use as a dependable wate supply, the level of wate in the Resevoi will fluctuate due to vaiable ainfall and unoff into the Resevoi, and due to withdawal of wate fom the Resevoi fo its intended beneficial use as a wate supply, and theefoe the Resevoi cannot be maintained at a constant level; and WHEREAS, the Distict's goal is to develop a lake that will poduce a wate supply of appoximately 108 million gallons pe day (" MGD") on a fim yield basis fo the Distict and its membes and customes, including customes located in Fannin County; and WHEREAS, the Distict intends to develop the Resevoi giving due egad to envionmental consideations and to the potection of wate quality in the Resevoi, and enabling economic development in the vicinity of the Resevoi, all in a mutually beneficial manne and in the spiit of patneship with Fannin County; and WHEREAS, Fannin County and the Distict agee that the Resevoi will povide majo benefits fo the citizens of Fannin County, fo the local economy, and fo the envionment; and WHEREAS, the Paties desie to coopeate in development of the Resevoi to assue ealization of the potential fo a vital new wate supply, fo the envionmental benefits, and to enable economic development of high quality in the vicinity of the Resevoi; and WHEREAS, Fannin County has adopted esolutions suppoting the poposed Resevoi, and constuction of same and the desie to egulate the odely development of lands within the vicinity of the Resevoi; and 2

3 WHEREAS, the Distict has expessed its intention to povide a wate supply to customes within Fannin County, which sevice would enable a long-tem dependable local wate supply fo the County; and WHEREAS, Fannin County desies to take a leadeship ole in attacting and facilitating economic development in the vicinity of the Resevoi; and accodingly, has taken legislative steps to povide fo the County to have a ole in zoning fo unincopoated aeas in the vicinity of the Resevoi; and WHEREAS, the County and the Distict desie to suppot an odely pocess fo acquisition of the eal popety needed fo the Resevoi, and both Paties desie that all popety ownes be fully and faily compensated fo any popety to be acquied fo development of the Resevoi; and WHEREAS, except fo the activities set foth in this Ageement o as may be povided by law o othe ageement, Fannin County will have no financial esponsibility fo development of the Resevoi; athe, the Distict will be esponsible fo development of the Resevoi pusuant to the applicable state and fedeal pemits; and, the Resevoi will be owned and opeated by the Distict; and WHEREAS, the Distict will be esponsible fo acquiing o poviding the funds needed fo development of the Resevoi. NOW, THEREFORE, fo good and valuable consideation, the adequacy and sufficiency of which is evidenced by the Paties' espective execution of this Ageement, the Distict and Fannin County agee, as follows: AGREEMENT Section 1. Pupose. The pupose of this Ageement is to establish the espective esponsibilities of the Paties in geneal tems concening development of the Resevoi, and in light of the mattes stated in the ecitals, which such ecitals ae incopoated heein fo all puposes. Afte a thoough eview of the Distict's poposal to develop the Resevoi, the need fo wate, and the local benefits to be ealized to Fannin County and its citizens as a esult of the constuction ofthe Resevoi, the Distict and Fannin County do heeby expess thei mutual desie to wok in a spiit of patneship and coopeation to develop Lowe Bois d'ac Ceek Resevoi as a stategic wate esouce fo Fannin County and as an impotant asset to Fannin County and its citizens. The Paties agee that the Resevoi will povide majo benefits fo the citizens of Fannin County and the membes and customes of the Distict, fo the local economy, and fo the envionment in the aea of Bois d'ac Ceek. The Paties also ecognize that the oveiding pupose of the Resevoi is to povide a eliable wate supply, potected fom pollution, and to povide fo futue wate supply needs of the Distict and Fannin County. Fannin County agees to povide its full suppot fo the poposed Resevoi and the associated impovements. Accodingly, on its own motion, and as may be equested fom time to time by the Distict, the County agees to povide suppotive statements o testimony concening the Resevoi fo appopiate foums, including public meetings and heaings, Fannin County Commissiones' Cout, TCEQ, USACE, and befoe any othe local, state o fedeal agencies. 3

4 Section 2. Resevoi Land Acauisition and Maintenance of Tax Revenues. Fannin County and the Distict heeby expess thei desie to coopeate in the Distict' s acquisition of land fo the development of the Resevoi and to avoid any significant loss of evenues, including ad valoem tax eceipts, to local taxing entities, including the County, that may be associated with the Distict' s acquisition of eal popety necessay fo development of the Resevoi. a. Land Acquisition. Both Paties agee that it is impotant to assue that all popety ownes whose lands ae acquied fo development of the Resevoi ae fully and faily compensated fo thei popeties. The Distict had endeavoed and will continue to endeavo to acquie popeties needed fo development of the Resevoi though ams- length negotiation, aiving at a fai pice that is mutually ageeable to the landownes and the Distict. Futhe, in many cases, as pat of an ageed sale of such popety, the Distict has allowed landownes to continue to enjoy use of thei popety unde easonable tems, pending development of the Resevoi. The Distict agees to continue such pactices, whee appopiate and feasible. b. Taxes/ Tax Exemntions. Both Paties ae govenmental agencies who ae exempt fom the payment of state and local taxes. Futhe, it is ecognized that Fannin County and othe local taxing entities depend upon the collection of taxes to suppot thei budgets and to maintain sevices to the citizens of Fannin County. The Distict is a govenmental entepise that depends upon the sale of sevices and thei associated fees and chages to suppot its budgets and to povide sevices to its membes and customes, including customes in Fannin County. Both Paties ecognize that when the Distict acquies eal popety fo development of the Resevoi, such popety will become tax exempt and such action may have a tansitoy effect on tax eceipts to the County and to othe local taxing entities. Futhe, it is acknowledged that most of the land to be acquied fo the Resevoi caies an agicultual exemption fo tax appaisal puposes; theefoe, any such loss of tax eceipts will be consideably less than if the popety wee not so exempted. c. Continued Payment of Taxes. The Distict agees that, when possible and ageed upon, land acquied fo development of the Resevoi has been leased back to popety ownes, as povided in the tems and conditions of such leases. The Distict has equied that such leases equie lessees to continue to pay any and all eal popety taxes assessed upon the popety duing the tem(s) of the lease by any local taxing entity, including the County. To the extent authoized by law, the Distict agees to make evey effot to ensue that the tax eceipts of Fannin County and othe local taxing entities ae not impacted by the Distict' s acquisition of eal popety fo the Resevoi and agees to make evey effot to offset any such impacts until such time that land values within the County incease to the extent necessay to offset such impacts to tax eceipts. Based on development pattens and the tend of land values aound othe wate supply lakes in Texas which suppot economic development, the Paties agee that any eduction in tax eceipts to Fannin County and othe local taxing entities esulting fom the Distict' s acquisition of eal popety fo the development of the Resevoi is expected to be tansitoy o tempoay in natue. 4

5 Section 3. Contolling and Managing Resevoi Development. The Paties agee that the Lowe Bois d' Ac Ceek Resevoi is expected to enhance economic development in Fannin County, given the quality of the Resevoi and its poximity to the Dallas- Fot Woth metopolitan aea. To that end, the County desies to take a leadeship ole in economic development activities, including the implementation of zoning fo unincopoated aeas in the vicinity of the Resevoi. The Paties agee that the pace and the quality of development in the vicinity of the Resevoi will be subject to many factos, including the geneal economy of the nation and egion, govenmental policies, zoning, availability of public sevices, and othe factos beyond the contol of the Paties. If Fannin County wishes to take specific steps to pomote economic development, the Distict agees to play an appopiate suppotive ole, in light of the pupose of the Resevoi, which is to maintain a eliable public wate supply, with potection of wate quality in the aea of the Resevoi and its tibutay steams. Futhe, the Paties agee that the pomotion of economic development must take into account the public duty to povide an assuance of safety fo people and popety on, at, and aound the Resevoi. a. County Zoning. Fannin County agees to assist in the development of the Resevoi though the pomulgation and implementation of zoning egulations aound the Resevoi in accodance with Subchapte G, Chapte 231 of the Texas Local Govenment Code(" LGC"). Specifically, the County agees to take a lead ole in zoning egulations fo the aea located within 5000 feet of whee the shoeline of the Lowe Bois d'ac Ceek Resevoi would be if the esevoi wee filled to its stoage capacity ( efeed to heeafte as the " Resevoi Zoning Aea"), in accodance with Section ( a)( 5) of the LGC. Attached as Exhibit 1 is a map identifying the aea that may be subject to County zoning egulations. The Distict agees to assist Fannin County in its pomulgation and implementation of zoning egulations fo the Resevoi Zoning Aea by etaining a land use planning and zoning consultant ( the Zoning Consultant") to develop fo the County the zoning egulations. The Distict and the County shall collaboate on the selection of the Zoning Consultant, but the Distict shall have the sole discetion in the final selection of the Zoning Consultant. The Distict and the County have collaboated on a scope of wok to be completed by the Zoning Consultant and the poposed budget fo the completion of such wok. The Distict shall have the sole esponsibility to pay the consulting fees of the Zoning Consultant fo wok associated with the development of zoning egulations fo the Resevoi Zoning Aea. A copy of the scope of wok to be completed by the Zoning Consultant is attached as Exhibit 2. The Zoning Consultant has completed Phase 1 of the scope of wok egading the development of the Compehensive Plan as descibed in Exhibit 2. b. Wastewate Systems. To potect the Resevoi and to encouage quality eal estate development aound the Resevoi, it is the intent of the Paties to suppot County zoning egulations and Distict ules and egulations that will potect wate quality in the Resevoi and its tibutaies. Accodingly, the Paties mutually agee to pomote and implement egulations, ules, and policies that encouage futue subdivision pojects nea the Resevoi to be seved by community wastewate collection systems athe than by onsite wastewate teatment facilities opeated by individual ownes. The Paties ecognize, howeve, that a community wastewate collection system may not be feasible in all cicumstances. Theefoe, the County may allow fo exceptions fo individually owned facilities by homeownes who do not have community wastewate collection systems available, but only 5

6 to the extent that such poposed onsite facilities will comply with applicable constuction and opeational standads as povided in Subchapte D, Chapte 285 of Title 30, Texas Administative Code so as to pevent pollution of wate and the envionment. c. Inspection of Onsite Wastewate Systems. The Distict and County agee to wok togethe to ensue that any onsite wastewate teatment facilities in the Resevoi Zoning Aea comply with all state and fedeal laws and egulations and do not impact the wate quality of the Resevoi. To achieve this, the Distict agees to pay all easonable costs, as mutually ageed upon by the Paties, that the County may incu to ensue compliance with Subchapte D, Chapte 285 of Title 30, Texas Administative Code, associated with inspecting onsite wastewate teatment facilities located within the Resevoi Zoning Aea, commencing upon the initiation of delibeate impoundment of wate in the Resevoi and extending fo a peiod of thee ( 3) yeas theeafte. The Distict' s ageement to pay such inspection costs is conditioned upon the County' s ageement to diligently conduct inspections fo such peiod and the County' s ageement to continue egula inspections of all onsite wastewate teatment facilities located within the Resevoi Zoning Aea, fo as long as the Resevoi continues to be opeated and used fo wate supply puposes. d. Wate Oualitv Potection. To futhe potect wate quality, paticulaly fo peventing unoff of pollutants into the Resevoi, the County agees to coopeate with the Distict in the implementation of zoning egulations, ules and policies to potect wate quality in and aound the Resevoi and its tibutaies, including but not limited to, egulations to contol eosion along the shoeline of the Resevoi. e. Police Powes. Fannin County will execise its police powes as needed and appopiate to potect public health, safety and welfae in connection with development and opeation of the Resevoi, including egula police patols of the aea located within the Resevoi Zoning Aea. The Paties agee to wok togethe to detemine the extent to which Fannin County needs to execise its police powes to ensue potection of public health, safety and welfae in connection with development and opeation of the Resevoi. The Distict agees to ente into an ageement with the applicable County law enfocement agency egading the payment of the County' s costs associated with acquiing and maintaining equipment and facilities necessay fo police patols of the Resevoi, including but not limited to, boats and vehicles fo such police patols. The poposed ageement will povide fo the Distict' s payment of all easonable and necessay expenses associated with the County law enfocement agency' s execise of its police powes as specified heein, and as mutually ageed upon by the Distict and such agency. To the extent authoized by law and in the Distict' s sole discetion, the poposed ageement may povide fo annual lump sum payments to the County law enfocement agency to addess its costs and expenses of police patols and associated equipment and facilities, as descibed in this Section 3. e., pio to beginning constuction of the Resevoi. f. Tanspotation Infastuctue. The Distict will coodinate with both Fannin County and the Texas Depatment of Tanspotation (" TxDOT") concening easonable and necessay adjustments in the existing oad system in the aea of the Resevoi so as 6

7 to accommodate the development of the Resevoi. The Paties mutually agee to wok togethe to assue that all such adjustments to tanspotation infastuctue ae compatible with the Resevoi, and with the emaining oad system in the County. The Distict agees that any County oads o bidges to be constucted o modified as pat of the Resevoi' s development will be built to standads that ae equal to o bette than the existing standads of such County oads o bidges as of the Ageement Date. Attached as Exhibit 3 is a map of the tanspotation plan fo the Resevoi. i. Replacement of FM The pimay oad that will be impacted by Resevoi constuction is FM As povided in the Distict' s May 2011 Tanspotation Plan ( the " Tanspotation Plan"), the cuent ecommendation egading offsetting the impact to FM 1396 is to eplace it with a new FM 897 fom US 82 to FM 1396, including a new bidge ove the Resevoi. The poposed extension of FM 897 and the new bidge would be constucted in accodance with TxDOT standads. Because the Resevoi will impact FM 1396 by eliminating a segment of the oad, potions of the oad will be emoved fom the TxDOT highway system. Fannin County agees to accept the ight-of-way (" ROW") of FM 1396 and assume esponsibility fo maintenance of FM 1396 ( 1) between FM 2029 and the noth shoeline of the Resevoi; and ( 2) between CR 2745 and the south shoeline of the Resevoi. Fannin County also agees to accept the ROW and assume esponsibility fo maintenance of the existing segment of FM 897 fom US 82 to CR TxDOT will ente into two ( 2) sepaate advanced funding ageements, one with Fannin County and one with the Distict, to addess funding of the eplacement and maintenance of FM ii. Impacts to County Roads. Twenty-seven ( 27) County oad cossings wee identified as being impacted by the Resevoi in the Tanspotation Plan. The cuent ecommendation egading these oad cossings as ageed to by the County and the Distict is to convet one ( 1) county oad cossing into a pivate diveway, close five ( 5) county oad cossings, leave thiteen ( 13) county oad cossings in place, and to econstuct eight ( 8) oad cossings using the TxDOT Bidge Poject Development Manual fo low-volume off-system bidges and the TxDOT Roadway Design Manual fo 2- lane ual oads. Included as Exhibit 4 is a map that identifies the location of county oad cossings that ae being closed and econstucted. Seven ( 7) of the cossings to be econstucted wee identified in the Tanspotation Plan. One ( 1) additional cossing that is not included in the Tanspotation Plan, Site 8A on CR 2750, is now included fo investigation and possible impovements and econstuction. Included in Exhibit 5 is a depiction of this additional cossing. All cossings to be econstucted will be designed in accodance with the Design Citeia included as Exhibit 6. 7

8 iii. Paymentfo Impacts to County Roads. The Distict ecognizes that the use of lage vehicles and constuction equipment duing constuction of the Resevoi may impact and/ o damage County oads. To addess this, the Distict agees to conduct an assessment of all County oads to be utilized duing constuction of the Resevoi, both befoe and afte constuction of the Resevoi. Based on these assessments, the Distict agees to pay all easonable costs, as mutually ageed upon by the Paties, associated with making any necessay epais to such County oads that have been identified in the assessments as being impacted and/o damaged due to Resevoi constuction activities. iv. Payment fo Impacts fom Inceased Taffic. The Distict ecognizes that following the delibeate impoundment of wate in the Resevoi taffic may incease within the County due to inceased development and eceational use of the Resevoi. Such inceases in taffic may negatively impact County oads. As a esult, the Distict has conducted an assessment, which the County has eviewed and agees with, of potentially impacted County oads. Based on this assessment, and as due consideation fo these and othe potential impacts to the County, the Distict agees to povide payments to Fannin County in accodance with the following payment schedule, with the fist payment in Yea 1 being made to Fannin County within thity ( 30) days of commencement of constuction of the Resevoi, and the second payment in Yea 2 being made to the County the following calenda yea on Novembe 1, and then annually on Novembe 1 fo 8 yeas: Yea 1 971, Yea 2 100, Yea 3 100, Yea 4 100, Yea 5 100, Yea 6 100, Yea 7 100, Yea 8 100, Yea 9 100, Yea , TOTAL 1, 871, Following the payment in Yea 10, the Distict shall have no futhe esponsibility o obligation fo payment of any costs associated with the maintenance, epai, and/ o constuction of County oads o any impact to the County esulting fom inceased taffic fom the Resevoi. The payments eceived by Fannin County fom the Distict shall be administeed by the govening body fo Fannin County to addess any impacts, epais, developments, o othe items detemined to be necessay by the govening body of Fannin County. 8

9 v. Road Maintenance Facility. Unde tems and conditions mutually ageeable to the Paties, the Distict agees to pay fo, develop, and constuct a County-owned and opeated oad maintenance facility to be used fo housing any County equipment and vehicles necessay fo making County oad epais. The oad maintenance facility will geneally be located on appoximately 5 to 10 aces of land on the noth side of the Resevoi suounded by a 6-foot chain link fence ( o othe simila fencing mateial) with access to the facility paved with a ock-base mateial o othe simila paving mateial). The County and Distict will wok togethe to detemine the location, placement, development, and constuction of this facility. g. Receational Aeas and Facilities. Unde tems and conditions mutually ageeable to the Paties, the Distict agees to pay fo, develop, constuct, own, opeate and maintain at least thee ( 3) eceational aeas and associated facilities in the aea of the Resevoi with such aeas having, collectively, the following types of facilities: boat docks, picnic aeas, and/ o estooms. The County and Distict will wok togethe to detemine the location and placement of these eceational aeas and facilities. h. Potential Public Access to Red Rive. The Distict agees to wok with the County to potentially allow public access to the Red Rive at some point o location on the Riveby Ranch mitigation site. The County undestands and ecognizes that the state and fedeal mitigation equiements fo the Resevoi at the Riveby Ranch mitigation site may not allow fo any such public access. i. Multi-Pupose Facility. In addition to the eceational aeas and facilities descibed in Section 3. g. above, the Distict also agees to pay fo, develop, constuct, opeate and maintain a multi-pupose facility that shall be owned by the Distict, unde tems and conditions mutually ageeable to the Paties. The Distict will eseve space within the multi-pupose facility fo the County' s use consistent with the uses descibed heein. The multi-pupose facility shall be used fo eceational and educational puposes and will include a natue cente to povide public education and outeach on vaious envionmental topics, such as wate consevation and wildlife management and consevation. The multipupose facility shall also include a command cente fo emegency sevices, such as seach and escue sevices. As pat of this command cente, living quates shall be povided so that individuals involved in o affected by an emegency have a place to stay ovenight, if necessay. The County and Distict will wok togethe to detemine the location and placement of the multi-pupose facility. j. Existing Wastewate Teatment Plants. The Paties undestand that the constuction of the Resevoi may esult in moe stingent effluent limits fo existing public wastewate teatment plants (" WWTPs") dischaging diectly o indiectly to Bois d' Ac Ceek due to the highe wate quality standads that will be established fo the Resevoi by TCEQ. The Distict agees to wok with the ownes of existing public WWTPs, pemitted and opeating as of the commencement of constuction of the Resevoi, to ensue these WWTPs achieve compliance with the moe stingent effluent limits. The Distict shall have no obligation to povide any assistance egading any WWTP impovements not equied diectly as a esult of the constuction of the Resevoi. The Distict shall not be equied to povide fo 9

10 impovement to o maintenance of existing WWTPs fo any pupose if such impovements o maintenance is identified afte five ( 5) yeas fom the initiation of delibeate impoundment of wate in the Resevoi. Section 4. Potable Wate Supplies. The Paties acknowledge that the pimay eason fo developing Lowe Bois d' Ac Ceek Resevoi is to povide a dependable public wate supply fo the Distict, the Distict' s membes and customes, and Fannin County, including any customes in Fannin County. To assist with meeting local needs fo wate supply in Fannin County, the Distict agees to ente into wholesale potable wate supply contacts with local entities that supply wate fo domestic and municipal puposes in Fannin County, unde tems and conditions mutually ageeable to such paties. Section 5. Official Name of Resevoi. The Distict agees, upon the initiation of delibeate impoundment of wate in the Resevoi, to conside using any such name( s) poposed by the County fo the official name of the Resevoi. Section 6. Indemnification. To the extent authoized by law, the Distict and Fannin County agee to save and hold each othe hamless fom all claims, demands, and causes of action that may be asseted by anyone on account of the planning, design, constuction, maintenance, and opeation of the Resevoi, and the tanspotation and delivey of wate. Both the County and the Distict agee to be esponsible fo thei own espective negligent acts. Section 7. Tem and Expiation. The tem of this Ageement shall be fo an initial peiod of ten( 10) yeas fom the Ageement Date( the date fist above witten) and maybe enewed by mutual witten ageement as to tems and conditions fo an additional peiod of five ( 5) yeas. The Ageement may be teminated by the Distict without ecouse by the County o othe paties if, in the sole opinion of the Distict, any final state and fedeal pemits necessay to enable constuction and opeation of the Resevoi ae not timely eceived by the Distict fo any eason, including, but not limited to, delays in pemitting o litigation associated with the Resevoi. Section 8. Othe Contacts. The Paties agee that the Distict eseves to itself the sole discetion to ente into contacts with othes fo paticipation in the Resevoi o fo wate supply theefom. Whethe o not othes paticipate in the Resevoi, the Distict will be solely esponsible fo developing( planning, egulatoy pemits, design, constuction, opeation, etc.) the Resevoi. Section 9. Coodination of Paties. Afte this Ageement is fully executed, the Paties agee to continue to egulaly communicate and coodinate egading the Resevoi and the implementation of the povisions of this Ageement. The Paties agee to execute, acknowledge, and delive o cause to be executed, acknowledged, and deliveed, such instuments and take such othe action as may be necessay, advisable, o convenient to cay out thei obligations unde this Ageement and unde any document, cetificate, o othe instument deliveed pusuant heeto o equied by law. The Paties futhe acknowledge that it is difficult to anticipate all of the activities, situations, and othe factos which may be elevant to them in satisfying thei espective obligations unde this Ageement. Theefoe, the Paties acknowledge that it will be necessay fo them to coopeate with each othe elative to any unfoeseen situation and wok togethe in good faith to addess such situation. 10

11 Section 10. Addesses and Notice. Unless othewise povided heein, any notice, communication, equest, eply o advice ( heein seveally and collectively, fo convenience, called Notice") heein povided o pemitted to be given, made o accepted by any paty to any othe paty must be in witing and may be given o be seved by depositing the same in the United States mail postpaid and egisteed o cetified and addessed to the paty to be notified, with etun eceipt equested, o by deliveing the same to an office of such paty, o by electonic mail, addessed to the paty to be notified at the addess povided below. Notice deposited in the mail in the manne descibed above shall be conclusively deemed to be effective, unless othewise stated heein, fom and afte the expiation of thee ( 3) days afte it is so deposited. Notice given in any othe manne shall be effective only if and when eceived by the paty to be notified. Fo the puposes of notice, the contact infomation of the Paties shall, until changed as heeinafte povided, be as follows: If to Fannin County, to: County Judge Fannin County Couthouse Bonham, Texas cicate@fanninco.net If to the Distict, to: Executive Diecto Noth Texas Municipal Wate Distict P. O. Box E. Bown St. Wylie, Texas tkula@ntmwd.com The Paties heeto shall have the ight fom time to time and at any time to change thei espective contact infomation and each shall have the ight to specify as its contact infomation any othe contact infomation by at least fifteen ( 15) days' witten notice to the othe paty heeto. Section 11. State o Fedeal Laws. Rules. Odes o Resulations. This Ageement is subject to all applicable state and fedeal laws and any applicable pemits, odinances, ules, odes and egulations of any local, state o fedeal govenmental authoity having o asseting juisdiction; but, nothing contained heein shall be constued as a waive of any ight to question o contest any such law, odinance, ode, ule o egulation in any foum having juisdiction. Section 12. Venue. It is specifically ageed among the Paties to this Ageement that Fannin County, Texas, is the place of pefomance of this Ageement; and in the event that any legal poceeding is bought to enfoce this Ageement o any povision heeof, the same shall be bought in Fannin County, Texas. Section 13. Adoption of Peamble. All of the mattes stated in the peamble of this Ageement ae tue and coect and ae heeby incopoated into the body of this Ageement as though fully set foth in thei entiety heein. 11

12 a IN WITNESS WHEREOF, the Paties heeto acting unde authoity of thei espective govening bodies have caused this Ageement to be duly executed in seveal countepats, each of which shall constitute an oiginal, all as of the day and yea fist above witten, which is the Ageement Date. FANNIN COUNTY I /,,,, B, Ceta L. C II, County Judge Date 6":2, 20-7/ 7 ATTEST: f4/ 4-1,0110/ Tammy Bigga ounty C n,, t, 4U 1 P s I ' s a s' eg signatues an following page] l2

13 NORTH T,. S MUNICIPAL WATER DISTRICT By F 3 R bet Thumond, Pesident Date / / g,* ATTE_ t Don Godon, Secetay 00111I / C\ Cipa i Y ' k k: i, = a c S 13? : 0,,,,, \ 1\

14 EXHIBIT 1: Map of esevoi Zoning Aea 14

15 Lowe Bois d' Ac Ceek Resevoi Fam- to- Maket, eke Planning Aea N a Flaming Aea Reseve Suface( Elevation 534'- Consevation Pool) N' Ca ti Take Line( Elevation 549'- Flood Pool) 5 000' Lake Buffe E Easement Contou( Elevation 545') Aea Municipalities s. am CC '; w a s m t aunty Road_ 2615 w sd' Ae Ceek t ( aaaf s aca v0 s 534 cil vk v s ae N I e i s F 2 7 U+ 82 Unit! dsta - iii ay C` Honey au vao ' ad Miles sam Raybun I 1 ) 0 t Windom FREESE Windom NKNOLS

16 Scope of EXHIBIT 2: okfo Zoning Consultant 15

17 ATTACHMENT AATI{`[ Ei LAKE PLANNING /\ ND ZONING Lowe Bois d' AFC [ e k Resevoi UNDERSTANDING: The pupose of this poject effot is twofold. The fist pupose is to develop a Compehensive Plan fo the aea suounding the Lowe Bois d' Ac Ceek Resevoi in Fannin County. The second pupose is to develop county zoning egulations fo the aea suounding the esevoi. The poject will follow the pocess outlined in the Texas Local Govenment Code, Chapte 231 Subchapte G ( TLGC ). The study aea is defined as the aea within one mile of the popety bounday of the poposed Lowe Bois d' Ac Ceek Resevoi. It is undestood that the Noth Texas Municipal Wate Distict( NTMWD) is the" Client" and that Fannin County( the County) will have the final decision authoity egading adoption of the compehensive plan and zoning egulations. PHASE 1- BASIC SERVICES FOR THE RESERVOIR COMPREHENSIVE PLAN: FNI shall ende the following pofessional sevices in connection with the development of the poject: A. Feese and Nichols, Inc. ( FNI) will assist the County with the fomulation of the committee that will guide the plan pocess. B. Baseline Chapte( Chapte 1) of the Compehensive Plan: 1. Chapte Pupose: This chapte will establish the baseline planning elements impotant to conside duing the planning pocess. Z. Pevious Planning Studies: FNI will eview pevious planning studies, such as tanspotation plans o economic development studies. 3. Population Gowth: FNI will conduct an analysis of the County' s population gowtil FNI will also include egional population gowth estimates and pojections fo the egion. 4. Existing Land Use FNI will inventoy the land uses suounding the esevoi. The existing land use inventoy will include: I. Analysis of types of land use( colo-coded by categoy and quantified by aces); ii. Discussion of existing development pattens; and iii. Discussion of existing land use elationships, both positive and negative. S. Physical Factos Influencing Development: FNI will document the physical envionment that influences the futue land use patten and ate of gowth. The following ae the specific elements to be documented in ode to descibe the existing physical envionment. i. Analysis of the municipal boundaies; ii. iii. Analysis of the majo topogaphic featues in easten Fannin County, including any aeas of unusual topogaphy o extensive tee cove; and Genealized documentation and analysis of existing floodplain aeas and the poposed lake take line bounday. C. Vision Chapte( Chapte 2) of the Compehensive Plan: 1. Chapte Pupose: The vision fo the esevoi is moe than simply an idea of what the citizens of Fannin County want the esevoi to become; a vision is eflective of the many tangible and intangible chaacteistics and values that Fannin County citizens desie to peseve and to povide fo cuent esidents and futue geneations of esidents and the needs of the ownes( i. e., Noth Texas Municipal Wate Distict). Page 1ofg

18 ATTACH[ T/\ - SC] PE OF SERVICES AKEpLANNING /\ ND ZONING Lowe Bois d' Ac Ceek Resevoi 2. Issue Identification ( Public Input): At the beginning of the poject, County esidents, stakeholdes, Zoning Commissiones, and County Commissiones will be solicited to identify issues they believe ae impotant fo the Compehensive Plan to addess. The issue identification pocess is envisioned to be a bain- stoming session duing which individuals povide issues fo discussion. 3. Visioning Execise( Public Inouti: The vision execise will ask County esidents, stakeholdes, Zoning Commissiones, and County Commissiones what they believe the esevoi should offe to the community of Fannin County in egads to development and eceation. 4. Vision Statement: Based on the esults of the public input execises held duing the public input meetings, a vision statement fo the esevoi will be pepaed. D. Futue Land Use Plan ( Chapte 3) of the Compehensive Plan: 1. Chapte Pupose: This chapte will seve to establish the futue land uses and oadways suounding the esevoi. The Futue Land Use Plan is a policy document that is intended to guide County officials and staff as they make decisions on esevoi aea development and zoning. Development of a land use plan that is undestandable to citizens, County staff, Zoning Commissiones and County Commissiones will ensue that a cohesive and unified vision fo the esevoi is pesented to developes and popety ownes as futue development occus aound the esevoi that will potect and enhance the long tem use of the esevoi. I. Futue Land Use T» oes Defined: A key component of the Futue Land Use Plan is the definition and discussion of futue land use types. Discussions of the types of land uses will cente on the types of land uses, such as esidential, nonesidential, and eceation, and whee they ae best suited aound the esevoi. The type and density of development will be discussed, 3. Futue Land Use Plan ynao: The Futue Land Use Plan will culminate with the depictmn of colo-coded land uses within the esevoi planning aea. The plan will conside the following: i. Location of futue esidential, nonesidential, eceational and open space and ub ic anduse ii. Location of envionmentally sensitive aeas o baies that should be consideed o potected when making futue development decisions; and iii. Location of futue land uses along majo tanspotation coidos. 4. Land Use Poiections: Land use pojections will be calculated. Land use pojections will depict the aceage by land use type as eflected within the Futue Land Use Plan Map. E. Tanspotation Plan ( Chapte 4) of the Compehensive Plan: 1. Chapte Pupose: Land use and tanspotation decisions ae inteelated. Theefoe an impotant pat of the Compehensive Plan will be to examine the elationship between the existing thooughfae systems and both existing and futue land uses. The pupose of this section is to povide a tanspotation famewok that will seve as a guide fo mobility decisions to, fom, and aound the esevoi. 2. Existing Conditions: FNI will conduct a geneal oveview of the existing tanspotation system to seve as a basis fo plan development. Page 2 of 9

19 ATTACHMENT LAKE PLANNING OF SERVICES Lowe Bois d' Ac Ceek Resevoi 3. Tanspotation Plan: Based on plan input, the Futue Land Use Plan Map and identified futue needs, FNI will ceate the Tanspotation Plan by addessing functional oadway classifications, oadway sizing options, and oadway design standads. F. Lake Development Guidelines( ChapteS) of the Compehensive Plan: 1. Chante Pupose: These guidelines ae designed to pomote health and the geneal welfae aound the esevoi, potect popety values, and wate quality. 2. Residential Guidelines: In ode to pomote the esidential development established by the plan, guidelines will be witten that ceate building and lot designs that match the vision fo that type of development. 3. Nonesidential Guidelines: In ode to pomote the nonesidential development established by the plan, guidelines will be witten that ceate building and lot designs that eflect the vision fo that type of development. G. Lake Paks, Receation, Tails and County Connections Plan( Chapte 6) of the Compehensive Plan: 1. Chante Puoose: This chapte will focus on establishing the paks, eceational oppotunities, tails, and the connections fom these amenities to othe aeas within the study aea. 2. Pak. Receation. and Tail Recommendations: If suppoted by the community input, the esevoi can be a destination fo eceation and offe County esidents and othe visitos oppotunities to meet pak, eceation, and tail needs. The esevoi could contain a vaiety of paks, eceational featues, and tails, such as mainas, natual aeas, hiking tails, and biking tails. Recommendations to suppot these elements will be developed. 3. Access to the Lake Aeas: The esevoi can be a majo asset to Fannin County by poviding eceational oppotunities, seving as a touist destination, and being a unique pat of the County' s landscape. This potion of the plan will evaluate and ecommend how the esevoi can be accessed fo eceational oppotunities. The pupose of this section will be to enhance the ability of people to use the esevoi and take advantage of the esevoi' s many eceational oppotunities. H. Implementation Plan( Chapte 7) of the Compehensive Plan: 1. Chante Pupose: The Implementation Plan will be stuctued into a coodinated action pogam so that County leades, staff, and othe decision- makes can easily identify the steps that ae necessay to achieve the vision fo Fannin County that is descibed within the Compehensive Plan. 2. Imolementation Actions: The Implementation Plan will outline actions pimaily by: i. Reviewing the vaious policies and elated ecommendations fom each Plan ii. iii. element; Dividing the policies and elated ecommendations into applicable implementation actions, such as egulatoy actions( e. g., zoning egulations), pogams, and integovenmental patneships; and Pioitizing the implementation actions into appopiate timefames. Page 3 of 9

20 ATTACHMENT A- SCOPE OF SERVICES LAKE PLANNING AND ZONING Lowe Bois d' Ac Ceek Resevoi PHASE 1- MEETINGS FOR THE COMPREHENSIVE PLAN: FM will conduct eleven( 11) meetings with the County and fou( 4) coodination meetings with the NTMWD to develop the Resevoi Compehensive Plan. The following meetings ae included within this scope. A. Meeting# 1: Steeing Committee Meeting( Kick- Off Meeting) 1. FNI will povide an oveview of the poject scope and give an oientation session fo membes to explain the pupose of the poject. 2. FNI will conduct visioning execises to solicit input fom committee membes. 3. A sepaate coodination meeting will be held with NTMWD to eview mateial and gathe input. The meeting date and time will be mutually ageed upon by NTMWD and FM. B. Meetings# 2,# 3, and# 4: Focus Goup Meetings 1. FNI will conduct thee( 3) focus goup meetings with individuals selected by eithe County Commissiones o County staff. 2. All focus goups will be held on the same day. 3. At these meetings, FM will gathe input fo the plan with an issues identification execise and a vision execise. 4. A sepaate coodination meeting will be held with NTMWD to eview mateial and gathe input. The meeting date and time will be mutually ageed upon by NTMWD and FN. C. Meeting# 5: Public Input Meeting 1. FNI will conduct a public meeting at a location detemined by the County Commissiones. 2. FNI will povide an oveview of the poject scope and give a planning oientation session fo the public. 3. FNI will conduct visioning execises to solicit Input fom the public. D. Meeting# 6: Steeing Committee Meeting( Fist Daft Discussion) 1. Using the input fom the above meetings, FNI will ceate the fist daft of the entie plan. 2. At this meeting, FNI and the steeing committee will meet to eview the fist daft. 3. RevisIons to the daft will be identified at this meeting. 4. A sepaate coodination meeting will be held with NTMWD to eview mateial and gathe input. The meeting date and time will be mutually ageed upon by NTMWD and FM. E. Meeting# 7: County Commissiones Update Meeting 1. FNI will attend the County Commissiones meeting and povide an update of the poject. 2. FNI will povide an oveview of the fist daft and initial plan evisions. Page 4 of 9

21 OF SERVICES LAKE PLANNING AND ZONING Lowe Bois cl/ AMCC Bk Resevoi F. Meeting# 8: Steeing Committee Meeting( Second Daft Discussion) 1. Using the input fom the above meetings, FNI will ceate the second daft of the entie plan. 2. At this meeting, FNI and the steeing committee will meet to eview the second daft. 3. FNI and the steeing committee will gain consensus on the second daft. G. Meeting# 9: County Commissiones Update Meeting 1. FNI will attend the County Commissiones meeting and povide an update of the poject. 2. FNI will povide an oveview of the second daft and initial plan evisions. 3. A sepaate coodination meeting will be held with NTMWD to eview mateial and gathe input. The meeting date and time will be mutually ageed upon by NTMWD and FNI. H. Meeting# 10: Public Review Meeting( Open House) 1. FNI will conduct a public meeting at a location detemined by the County Commissiones. Z. FNI will pesent an oveview of the daft plan to the public. 3. FNI will solicit input and comments fom the public. Meeting# 11: County Commissiones Meeting 1. FNI will attend the County Commissiones meeting and pesent the final plan. Z. At this meeting, the County Commissiones may adopt the Compehensive Plan. PHASE 1- DELIVERABLES FOR THE COMPREHENSIVE PLAN: One( 1) CD o USB flash dive with the Compehensive Plan and fifteen( 15) pinted copies. PHASE 2_ BASIC SERVICES FOR THE_PEVELOPMENT OF THE ZONING REGULATIONS AND ZONING MAP: The pupose of this section is to ceate the zoning egulations and zoning map fo an aea suounding the esevoi, which shall include the aea within 5, 000 feet of whee the shoeline of the esevoi would be if the esevoi wee filled to its stoage capacity. The poject will follow the pocess outlined in the Texas Local Govenment Code, Chapte J31 Subchapte G ( TLG[ ' ). Depending on the diection established in the compehensive plan and subject to the Commissiones' Cout discetion. Zoning egulations may be developed to addess the following( ef. TLGC ): 1) the height, numbe of stoies, and size of buildings and othe stuctues; 2) the pecentage of a lot that may be occupied; 3) the size of yads, couts, and othe open spaces; 4) population density; 5) the location and use of buildings othe stuctues, and land fo business, industial, esidential, o othe puposes; and 6) the placement of wate and sewage facilities, paks, and othe public equiements. Additionally, the Commissiones' Cout may establish zoning disticts and within each zoning distict the Commissiones' Cout may egulate the eection, constuction, econstuction, alteation, epai, o use of buildings, othe stuctues, o land( ef. TLGC ). Page 5 of 9

22 ATTACHMENT A - SCOPE OF SERVICES LAKE PLANNING AND ZONING Lowe Bois d' Ac Ceek Resevoi A. Outline of the Zoning Regulation Text 1. Section 1: Geneal Povisions I. Section 2: Zoning Disticts and Uses 3. Section 3: Development o Supplemental Regulations 4. Section 4: Pocedues and Administation S. Section 5: Definitions B. Outline of the Zoning Map 1. The zoning map will include an aea within 5,000 feet of whee the shoeline of the esevoi would be if the esevoi wee filled to its stoage capacity. 2. The zoning map will be eflective of the Compehensive Plan. 3. It is anticipated that the zoning map will have disticts fo esidential, nonesidential, and eceational uses. Howeve, these disticts will be detemined duing the development of the Compehensive Plan, zoning egulations, and zoning map. 4. The County will be esponsible fo all public notification fo the zoning map. PHASE 2- MEETINGS FOR THE DEVELOPMENT OF THE ZONING REGULATIONS AND ZONING MAP: FNI will conduct up to six( 6) meetings with the County and up to six( 6) coodination meetings with the NTMWD to develop the zoning egulations and zoning map. The following six meetings ae included within this scope. A. Pio to meeting with the Zoning Commission a. FNI will daft the peliminay zoning text and zoning map. b. A daft will be ed to Zoning Commission befoe the fist meeting. c. A coodinating meeting with NTMWD will be held befoe the fist meeting. B. Meeting# 1: Zoning Commission Meeting a. Meet to eview and discuss peliminay daft of the zoning text and zoning map. b. At this meeting, the Commission will agee on any evisions to the daft. c. A sepaate coodination meeting will be held with NTMWD to eview mateial and gathe input. The meeting date and time will be mutually ageed upon by NTMWD and FNI. C. Meeting# 2: County Commissiones Update Meeting a. FNI will attend the County Commissiones meeting and povide an update of the poject. b. FNI will povide an oveview of the fist daft of the zoning text and zoning map and initial plan evisions. c. A sepaate coodination meeting will be held with NTMWD to eview mateial and gathe input. The meeting date and time will be mutually ageed upon by NTMWD and FNI. O. Meeting# 3: Zoning Commission Meeting a. Meet to eview and discuss the evised peliminay daft of the zoning text and zoning map. b. At this meeting, the Commission shall each a consensus on the daft. Page 6 of 9

23 ENT A- SCOPE OF SERVICES LAKE PLANNING AND ZONING Lowe Bois d' Ac Ceek Resevoi c. A sepaate coodination meeting will be held NTMWD to eview mateial and gathe input The meeting date and time will be mutually ageed upon by NTMWD and FNI. E. Meeting# 4: County Commissiones Update Meeting a. FNI will attend the County Commissiones meeting and povide an update of the poject. b. FNI will povide an oveview of the consensus daft of the zoning text and zoning map. c. A sepaate coodination meeting will be held with NTMWD to eview mateial and gathe input. The meeting date and time will be mutually ageed upon by NTMWD and FNi F. Meeting# 5: Zoning Commission Public Heaing a. As equied by TLGC , the Zoning Commission will hold a public heaing on the peliminay epot( i. e., the peliminay daft of the Zoning Text and Map). b. Afte a heaing on the peliminay epot, the Zoning Commission may submit a final epot to the Commissiones' Cout. c. A sepaate coodination meeting will be held with NTMWD to eview mateial and gathe input. The meeting date and time will be mutually ageed upon by NTMWD and FNi G. Meeting# 6: Commissiones' Cout Public Heaing fo Adoption a. As equied bytlgc , a final epot must be eceived fom the Zoning Commission befoe the cout can take action o hold a public heaing. b. A zoning egulation o zoning distict bounday poposed by the Zoning Commission is not effective until it is adopted by the Commissiones' Cout afte a public heaing. c. The Commissiones' Cout by a majoity vote may amend o eject a egulation o bounday poposed by the Zoning Commission. d. The zoning, if adopted, would then take effect. PHASE 2- DELIVERABLES FOR THE DEVELOPMENT OF THE ZONING REGULATIONS AND ZONING MAP: A. One( 1) CD o USB flash dive with the Zoning Regulations and map will be submitted. B. Two had copies of the zoning map( eithe 48" X 3G" p4b" X24") will besubmitted. C. Fifteen( 15) pinted copies will be submitted. Page 7 of 9

24 LAKE PLANNING OF SERVICES LoVV B[ Sd"/[ c peek Resevoi ARTICLE II Additional Sevices to be pefomed by FNI, if authoized by the Client, which ae not included in the above descibed basic sevices, ae descibed as follows: A. Pepaing documents o evisions not listed above. B. Pepaing any engineeing standads, plans, o dawings. C. Pepaing data and epots fo assistance to the Client/ County in pepaation fo heaings befoe egulatoy agencies, couts, abitation panels o any mediato, giving testimony, pesonally o by deposition, and pepaations theefoe befoe any egulatoy agency, cout, abitation panel o mediato. D. Assisting the Client/ County in the defense o posecution of litigation in connection with o in addition to those sevices contemplated by this AGREEMENT. Such sevices, if any, shall be funished by FNI on a fee basis negotiated by the espective paties outside of and in addition to this AGREEMENT. E. Meetings In excess of the numbe of tips included in Aticle I fo peiodic site visits, coodination meetings, o contact completion activities. F. Poviding basic o additional sevices on an acceleated time schedule. The scope of this sevice include cost fo ovetime wages of employees and consultants, inefficiencies in wok sequence and plotting o epoduction costs diectly attibutable to an acceleated time schedule diected by the Client. G. Pepaing statements fo invoicing o othe documentation fo billing othe than fo the standad invoice fo sevices attached to this pofessional sevices ageement. Page 8 of 9

25 ATTACHMENT A- SCOPE OF SERVICES LAKE PLANNING AND ZONING Lowe Bois d' Ac Ceek Resevoi ARTICLE III TIME OF COMPLETION: FNI is authoized to commence wok on the Poject upon execution of this AGREEMENT, which is anticipated to be July 2015, and agees to complete the sevices within 12 months of the execution date of this AGREEMENT. If FNI' s sevices ae delayed though no fault of FNI, FNI shall be entitled to adjust contact schedule consistent with the numbe of days of delay. These delays may include but ae not limited to delays in Client/ County o egulatoy eviews, delays in the flow of infomation to be povided to FNI, govenmental appovals, etc. These delays may esult in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment CO. Page 9of9

26 EXHIBIT 3: Map of Tanspotation Plan 16

27 8 Lowe Bois d' Ac Ceek Resevoi am- to- Mako Tanspotation Plan N 1,- Jones Field Aipot Take Line( Elevation 541'- Flood Pool) co N umaound Easement Contou( Elevation 546) Road Type Resevoi Suface( Elevation 534'- Consevation Pool) Pimay( 120 Rightofway) 5, 000' Lake Buffe m m mma Poposed Connection 100 Yea Floodplain( NND) Seconday( 1007 Rightofway) Aea Municipalities O' Local( 60 Rightofway) Z. Sf Road to be abandoned Li_ 1 i= 1 L. IliFam- to- Maket Road 139(. t 1, 4 to co fount Lad 2. 5 Res : L 5349 io u i s 1 Ek co A f et e te t 2 M JilteA t.-- ; n. 3 I Son/ co Hone S..= 7 tai ie i Dodd Miles Sam Ra. ot ItIII ICHo dam E' n,.,=., s

28 Map of County EXHIBIT 4: oad Cossings 17

29 d.' dqwj e q... Y x. KO 1 el e; RMOt te w.?-' 4 4at'" g E gaup azo, gnaw awe. 1 III n, a 1 t t? tea 5 Y Y ki a 1 f E z : } i` ' ` f fi" y.. y h... iy x+ - o V j 3, e o- f/ of t h + + * a Iv+ I,, _ 1 '''` mot$ i a ke- E v Shy 1h f, 63 _ i 4: fl6- z t:. 4 p u e 1 tk s yi7'. k i+" i, y,..- _ L uoleusf3 LCY Id a I J t" ti u eas' zl Peuopuege op e7 1 p O Jena L._ i 9WSectRA t i _ 6 a a Ai i

30 EXHIBIT 5: Depiction ofsite 8A Cossing on CR

31 Is 1 1 6C. 4. OdUt p 014, I1C1 eq L AxIt 6iP Pisa: 9CUR d' cow h;.: R/ f f L6/ 6C% LI fg ' LA NOT ' ONLY PEWIT LIThARY seoa7ro(] aoxnvto& ox ON un» ur+ e PUROSE. OEgGN, F CX: L blstelc LIZ LjN1Sg OR W E. P, mil., RO. NE Rkc LICENSE TRIM avl RE ":OD.,,:, a INTER$& FOR 7 70,- CONSTRUI- TEXAS N' R$ 21 4' xy IYNM, QD] t" 4/ a a NHTE UV8t ROADS M. W sle t l 7d1/ BCxi F- O.& PF I;tt. b/ OP hlurdpal T, New COUNTY..,... a'. FAN I c SCALE: x I. a ti z may, a.. Y s y I i 1 li g I S

32 EXHIBIT 6: County Road Cossing Design Citeia 19

33 FANNIN COUNTY ROADS DESIGN CRITERIA NTMWD CONTRACT Roadway Classification Design Speed Teain HORIZONTAL AUGNMENT ROADWAY DESIGN CRITERIA LOCATION ITEM MINIMUM I DESIRABLE REFERENCES PAGE NUMBER Off-system, local oads 30 mph Rolling I Contol Location Roadway Centeline Slopping Sight Distance 250' RDM Page 2-7, Table 2-1 I Minimum Centeline Radius 510' RDM Page 2-14, Table 2-5 Supeelevation Rate not desiable, efe to Table 2-5 fo low-speed facilities if equied RDM Page 2-14, Table 2-5 Supeelevation Runoff 062% elative iade, if equied RDM Page 2-17, Table 2-8 VERTICAL AUGNMENT I PGL/ Axis of Rotation Roadway Centeline Longitudinal Gadient 0. 50% min % max 5,00% desiable max RDM Page 2-25, Table 2-11 K value fo Cest Cuves, min, 29 RDM Page 2-28, Figue 2-5 K value fo Sag Cuves, min, 49 RDM Page 2-29, Figue 2-8 Gade change without a vetu! cuve 1. 00% max RDM Page 2-30 Feeboad Bidge 1' below low chod Pavement 1' below bottom of pavement CROSS SECTION ELEMENTS Width of Tavel Lanes 2-10' lanes with 2' shouldes Numbe of Lanes 2 Shoulde Wdths: Inside Outside 2' plus 3-8" of cown widening fo MBGF( Roadway), 1' fo ail( Bidge) j Coss slope( Pavement and Shoulde) 2.0% N/ A Clea Zone Width 10' minimum RDM Page 2-44, Table 2-12 Side Slops VVithin Clea Zone 4: 1 max RDM Page 2-44, Table 2-12 Outside Clea Zones Poposed Right-of-Way Width Pavement Design INTERSECTIONS AND DRIVEWAYS 3.51 max TBD To Be Detemined( Assume 8" Flex Base) I Design Vehicle MH/ B Cone Racill: I Majo Coss Steets 50' AASHTO Mino Coss Steets 50' AASHTO Diveways 10' fo Pivate Residential RDM Page C- 8, Table C- 1 Diveway Widths 14' fo Pivate Residential RDM Page C- 8, Table C- 1 I HYDRAUL. LAC* 14.11V acquency Inlets, Dainage Pipe Ditches 5- yea.25-yea at sag locations HDM Page 4-14, Table 4-2 Coss Culvet Design 10- yea HDM Page 4-14, Table 4-2 Bidge Class Culvet( Main Channel) Bidge( Main Channel) Design HYDROLOGIC METHOD Backwate WSE< 100-yea WSE Backwate WSE< 100-yea WSE I Dainage Aea< 200 ac Rational Method HDM I Page 4-17 Dainage Aea> 200 ac Vaies, efe to TxDOT Flow Chat HOM Page 4-18, Figue 4-2 i J CULVERTS Headwate Contol Location 1' below bottom of pavement 12 ft/s with channel potection Outfall Velocity 311/ s 8 Ns fo natual channel HOM Page 8-20 SURFACE DRAINAGE Pipe Size 18" min Pipe Velocity 3 ft/s I 12 ft/s HDM Page 10-8 Pipe Mateial RCP fo oad CMP fo diveways I SLOPE PROTECTION cossin Stone Ripap Fo Slope equal to o flatte than 3.51 and equal to steepe than 6 1 Stone Rioap To be placed fom 2' above nomal pool elevation to 5' beyond slooe tie-down Concete Riao Fo Slope steepe than I, STRUCTURES Bidge Design i ADOT Bidge Design Manual LRFD-2015& AASHTO LRFD 7th Edition Culvet Design TxDOT Standad Design& AASHTO LRFD 7th Edition Miscellaneous TxDOT Standad Design, AASHTO LRFD 7th Edition& ACI 318 i ev 4/ 21/ 17 NTMWD Fannin County Road Design Citeiaxls