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City of Mineral Wells
P O Box 460, Mineral Wells, Texas 76068
Telephone: 940.328.7700 Fax: 940.328.7704
NOTICE OF MEETING
The Mineral Wells City Council will hold a regular meeting at 6:00 PM on Tuesday, February 4,
2025 in the City Council Chambers at the City Hall Annex, 115 S.W. 1st Street, Mineral Wells,
Texas to consider the following agenda:
Call to Order
Invocation
Pledges of Allegiance to U.S. and Texas Flags
PRESENTATION
PUBLIC COMMENT
This is an opportunity for the public to address the City Council regarding an item on the
agenda, except for public hearings that are included on the agenda. Comments related to public
hearings will be heard when the specific hearing begins. Public comments are limited to three
(3) minutes per speaker, unless the speaker requires the assistance of a translator, in which case
the speaker is limited to six (6) minutes, in accordance with applicable law. To address the City
Council, each speaker who is present at the site must complete a Speaker Form and provide it to
the City Clerk prior to the start of the meeting. Each speaker shall approach the designated
speaker location and state his/her name and city of residence before speaking. Speakers shall
address the City Council with civility that is conducive to appropriate public discussion.
Speakers can address only the City Council and not individual officials, commission members,
committee members, or employees. The public cannot speak from the gallery but only from the
designated speaker location.
CONSENT AGENDA
(4) 1. Consider and take appropriate action on the minutes of the regular meeting held on
January 21, 2025.
(10) 2. Consider and take appropriate action on budgeted items $3500 and above
ITEMS FOR INDIVIDUAL CONSIDERATION
(12) 3. Consider and take appropriate action on an Ordinance regarding a Rezone on a
vacant lot located at 900 NW 2nd Ave, being Block 22. Lots B&C, Wiggins
Addition, Mineral Wells, Palo Pinto County, Texas from a SF-6 (Single Family
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Residential) District to a C (Commercial) District in order to construct a new
manufacturing facility.
(19) 4. Consider and take appropriate action on the resolution that the City Council of the
City of Mineral Wells authorizing an Advance Funding Agreement with the Texas
Department of Transportation relating to a Green Ribbon Landscaping Project along
US 281 and US 180 (0902-39-051)
(49) 5. Consider and take appropriate action on the Order of Election for the May 3, 2025,
general election to elect Councilmembers for those with expiring terms.
(Considerar y tomar las medidas apropiadas sobre el Ordn de Eleccion para el 3 de
mayo de 2025 eleccion general para elegir miembros del consejo para aquellos con
maddatos vencidos.)
6. Future agenda items/requests by Councilmembers to be on next agenda—
Councilmembers shall not discuss or take action on any item that is not on the
agenda. A Councilmember may request that an issue be placed on a future agenda
and, if a second Councilmember supports the request, the item shall be placed on
a City Council agenda within two Council meetings.
7. Adjourn
Notes: Disabled persons requiring special assistance are requested to notify the City of Mineral Wells
24 hours in advance of the meeting by calling the City Clerk’s office at 940.328.7702.
The City Council reserves the right to meet in Executive Session closed to the public at any time in the
course of this meeting to discuss matters listed on the agenda, as authorized by the Texas Open
Meetings Act, Texas Government Code Chapter 551, including §551.071, (private consultation with the
attorney for the City); §551.072 (purchase, exchange, lease or value of real property); §551.074
(personnel or to hear complaints against personnel); §551.076 (deployment, or specific occasions for
implementation of security personnel or devices); and §551.087 (economic development negotiations).
Any decision held on such matters will be taken or conducted in Open Session following the
conclusion of the Executive Session.
State of Texas §
City of Mineral Wells §
I hereby certify that notice of this meeting of the Mineral Wells City Council was posted by 6:00 pm on the 31st day
of January 2025.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 31st day of January 2025.
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(SEAL) ____________________________________
Sharon McFadden, City Clerk
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AGENDA ITEM COMMENTARY
ITEM TITLE
Consider and take appropriate action on the minutes of the regular meeting held on January 21,
2025.
INITIATOR/STAFF INFORMATION SOURCE
BACKGROUND
EXHIBITS
1. 2025-01-21 Minutes
ITEM NUMBER 1.
MEETING DATE 2/4/2025
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MINUTES REGULAR MEETING
MINERAL WELLS CITY COUNCIL
CITY HALL ANNEX
January 21, 2025 – 6:00 pm
Mayor Johnson called the meeting to order at 6:00 p.m. with the assistance of a student from the
Mineral Wells Junior High School. Reverend Jeff Logan led the invocation. The Pledge of
Allegiance to the U.S. and Texas flags were recited.
Councilmembers present were Mayor Regan Johnson, Mayor Pro-Tem Beth Watson, Jonathon
Rusher, Carlos Maldonado, Kyle Kelley, and Glenn Mitchell. A quorum of City Councilmembers
was present.
Staff members present were Acting City Manager/Community Development Director Nathan
Dyhre, Fire Chief Ryan Dunn, Police Chief Tim Denison, Building Official Michael Dunn,
Airport Manager Haley Cuevas, Parks and Recreation Superintendent Carrie Stevenson, Public
Works Director Scott McKennon, Public Works Administrator Chris Thibault, Public Works
Administrator David Fitzhugh, Library Manager Kathy Spencer, CEO of the Chamber of
Commerce Seth Hobbs, Main Street Manager Brittany Brown, Administrative Assistant Shannon
Worthington, City Clerk Sharon McFadden, and City Attorney Marie Johnson.
PRESENTATION: Mayor Johnson introduced the Honorary Councilmember who was a student
from the Mineral Wells Junior High School.
OATH OF OFFICE: City Manager Jason Weeks oath was administered by Mrs. McFadden.
PUBLIC COMMENT: No one had signed up to speak.
CONSENT AGENDA: Following a motion by Mrs. Watson and seconded by Mr. Mitchell, the
Consent Agenda was approved by a vote of 6-0.
1. Consider and take appropriate action on the minutes of the regular meeting held on
January 7, 2025.
2. Consider and take appropriate action a resolution to amend the Charter Commission to
be made up of 12 people, designating the Mayor as the Chair of the Commission, and
authorizing the Mayor to appoint a Vice-Chair and Secretary of the Commission.
3. Consider and take appropriate action on reappointing Sharon McFadden to a new term
as the governing body’s representative on the Local Board of the Texas Emergency
Services Retirement System (TESRS) effective March 1, 2025.
4. Consider and take appropriate action on budgeted items $3500 and above.
ITEMS FOR INDIVIDUAL CONSIDERATION
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5. Consider and take appropriate action on an Ordinance and conduct a Public Hearing
regarding a Rezone of a tract of land, being Lot 6R, Rogers Subdivision, Mineral
Wells, Palo Pinto County, Texas from a GR (General Retail) District to a SF-9
(Single Family Residential) District in order to construct a single-family residence.
Mayor Johnson opened the Public Hearing at 6:08 p.m. No one spoke. Mayor Johnson
announced the closure of the Public Hearing at 6:08 p.m.
Mr. Michael Dunn said that applicant Danny Kissinger is requesting a Rezone of a tract
of land, being Lot 6R, Rogers Subdivision, Mineral Wells, Palo Pinto County, Texas
from a GR (General Retail) District to an SF-9 (Single Family Residential) District to
construct a single-family residence. The Planning and Zoning Commission held a
Public Hearing regarding this matter at its meeting on January 6, 2025, and voted
unanimously for approval. The Police, Fire Department, Public Works, Oncor, and
Texas Gas Service has reviewed this item and expressed no concerns.
Mr. Kelley made the first motion to approve the rezone as presented. Mr. Mitchell
seconded, and the motion carried 6-0.
6. Consider and take appropriate action on an Ordinance and conduct a Public Hearing
regarding a Rezone on a vacant lot located at 900 NW 2nd Ave, being Block 22,
Lots B&C, Wiggins Addition, Mineral Wells, Palo Pinto County, Texas from a SF-6
(Single Family Residential) District to a C (Commercial) District to construct a new
manufacturing facility and take appropriate action and conduct a Public Hearing
regarding a Replat of all of Lot 1 and Lot 2 and part of Lot 3 in Block 23 of
Morningside Park Addition to the City of Mineral Wells, according to Plat recorded in
Volume 2, Page 79 of the Plat Records of Palo Pinto County, Texas to Lot 1R, 2R, and
3R, Morningside Addition, Mineral Wells, Palo Pinto County, Texas.
Mayor Johnson opened the Public Hearing at 6:12 p.m. No one spoke. Mayor Johnson
announced the closure of the Public Hearing at 6:12 p.m.
Mr. Michael Dunn said that applicant Adam Rincon is requesting a Rezone on a vacant
lot located at 900 NW 2nd Ave, being Block 22. Lots B&C, Wiggins Addition, Mineral
Wells, Palo Pinto County, Texas from an SF-6 (Single Family Residential) District to a
C (Commercial) District to construct a new manufacturing facility. The
Planning and Zoning Commission held a Public Hearing regarding this matter at its
Meeting on January 6, 2025, and voted unanimously for approval. The Police, Fire
Department, Public Works, Oncor, and Texas Gas Service have all reviewed this item
and expressed no concerns.
Mr. Maldonado made the motion to table the rezoning request. Mrs. Watson seconded,
and the request was tabled by a vote of 6-0.
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7. Consider and take appropriate action and conduct a Public Hearing regarding a Replat
of Lot 1 & Lot 2, Block 71, Slaughter & Barber North Addition to the City of Mineral
Wells, according to the Plat as recorded in Volume II, Page 148, Slide 1147, Plat
Records, Palo Pinto County, Texas to Lots 1-R-A, 1-R-B, and 2-R, Slaughter & Barber
North Addition, Mineral Wells, Palo Pinto County, Texas.
Mayor Johnson opened the Public Hearing at 6:18 p.m. No one spoke. Mayor Johnson
announced the closure of the Public Hearing at 6:18 p.m.
Mr. Michael Dunn said that applicant Cameron Love is requesting a Replat of all Lots
12 thru 14 of Lawn Place Addition, Second Filing, to the City of Mineral Wells,
according to the Plat recorded in Volume 25, Pages 432-433 of the Deed Records of
Palo Pinto County to Block 12, Lot 12-R & Lot 14-R, Lawn Place Addition, Second
Filing, Mineral Wells, Palo Pinto County, Texas to construct 2 single-family homes.
The Planning and Zoning Commission held a Public Hearing regarding this matter at its
Meeting on January 6, 2025, and voted unanimously for approval. The Police, Fire
Department, Public Works, Oncor, and Texas Gas Service have all reviewed this item
and expressed no concerns.
Mr. Kelley made the first motion to approve the replat. Mr. Mitchell seconded, and
the motion carried 6-0.
8. Consider and take appropriate action on a resolution of the City Council of the City of
Mineral Wells, Texas, establishing signatories on all City of Mineral Wells bank and
financial accounts; providing for an effective date; designating the signatories on all
City of Mineral Wells, Texas financial documents; and ordaining other provisions
related to the subject matter hereof.
Mrs. McFadden said that the resolution is necessary to update signatories on
various City accounts. The new City Manager needs to be added to financial accounts.
The resolution will take effect on January 22, 2025.
Mrs. Watson made the first motion to approve the resolution, and Mr. Maldonado
seconded. Motion carried 6-0.
9. Consider and take appropriate action on a resolution of the City Council of the City of
Mineral Wells, Texas, establishing signatories on the City of Mineral Wells bank and
financial accounts related to the Mineral Wells Economic Development Corporation;
providing for an effective date; designating the signatories on the Economic
Development Corporation of the City of Mineral Wells, Texas financial documents;
and ordaining other provisions related to the subject matter hereof.
Mrs. McFadden said that the resolution is necessary to update signatories on
The EDC accounts. The new City Manager needs to be added to financial accounts.
The resolution will take effect on January 22, 2025.
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Mr. Maldonado made the first motion to approve the resolution. Mr. Kelley seconded,
and the motion carried 6-0.
10. Consider and take appropriate action on the Order of Election for May 3, 2025,
General election to elect Councilmembers for those with expiring terms.
(Considerar y tomar las medidas apropiadas sobre el Ordn de Eleccion para el 3 de
mayo de 2025 eleccion general para elegir miembros del consejo para aquellos con
maddatos vencidos.)
Mrs. McFadden requested the item be tabled due to the County Elections Administrator
making changes to the Election Order.
Mr. Maldonado made the first motion to table the Election Order. Mr. Kelley seconded,
and the item was tabled by a vote of 6-0.
11. Consider and take appropriate action on a discussion of an illustrative debt schedule for
open market debt to renovate the police station and fire station one.
Fire Chief Dunn said that as requested by City Council, an illustrative debt schedule
from Hilltop Securities be presented. The attached items provided the cost and
schedules for process that would need to be completed to move forward. Three
different attachments provided the cost for renovating the police station, fire station, and
the new construction of a public safety complex. Fire Chief Dunn said that with this
discussion, staff intends to receive communication on the next steps to have prepared
for Mr. Weeks.
Councilmembers discussed the agenda item. No action was taken.
12. Decision packet update presentation by the Fire Department.
Fire Chief Dunn mentioned that Assistant Fire Chief Benthall prepared the presentation
on behalf of the Fire Department. Chief Dunn presented the equipment purchased,
equipment intending to be purchased, and the costs related to those purchases.
No action was taken.
13. Decision packet update presentations by the Police Department, Community
Development, and Public Works.
Mr. Dyhre led the discussion for the presentation. Police Chief Denison provided the
current status of financials for the Police Department. Mr. Dyhre provided status of the
departments under Community Development which included the Mineral Wells
Regional Airport, Planning, the Boyce Ditto Public Library, Parks and Recreation, and
Main Street. Department heads were all in attendance and answered concerns of the
Council. Mr. McKennon provided information on Public Works departments which
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included Streets, Public Works Administration, Water Distribution, and the Drainage
Utility Fund.
No action was taken.
14. Future agenda items/requests by Councilmembers to be on the next agenda.
None.
15. There was no further business, and the meeting was adjourned at 7:01 p.m.
______________________________
Regan Johnson, Mayor
ATTEST:
__________________________________
Sharon McFadden, City Clerk
APPROVED: ______________________
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AGENDA ITEM COMMENTARY
ITEM TITLE
Consider and take appropriate action on budgeted items $3500 and above
INITIATOR/STAFF INFORMATION SOURCE
Kathy Word
BACKGROUND
EXHIBITS
1. $3500 and Above 020425
ITEM NUMBER 2.
MEETING DATE 2/4/2025
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02/04/25 COUNCIL MEETING - EXPENDITURES $3500 and Over
APPROVALS
FUND VENDORS DESCRIPTION BUDGETED % SPENT AMOUNT FOOTNOTE
WATER Atlas Utility Supply Cellular meters $400,000.00 0.05 $63,840.00
AIRPORT Bassco Services Convert Jet A truck to AvGas $185,000.00 0.00 $16,782.48
AIRPORT Bassco Services Large capacity Jet A truck $185,000.00 0.00 $65,000.00
TOTAL: $145,622.48
RATIFY 2/4/2025 Some items are not over $3500, but are $1000 and over with no PO
MULTIPLE Voyager City wide fuel $21,246.15
MULTIPLE FirstNet City wireless $3,763.92
MULTIPLE Frontier Waste Refuse - Convenience station/residential/shelter $71,452.71
GENERAL Galls Tactical short sleeve shirts for firefighters $1,377.63
GENERAL Stericycle Hazardous drug disposal $1,071.52
GENERAL National Flood Insurance Flood insurance renewal $1,608.00
$100,519.93
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AGENDA ITEM COMMENTARY
ITEM TITLE
Consider and take appropriate action on an Ordinance regarding a Rezone on a vacant lot located
at 900 NW 2nd Ave, being Block 22. Lots B&C, Wiggins Addition, Mineral Wells, Palo Pinto
County, Texas from a SF-6 (Single Family Residential) District to a C (Commercial) District in
order to construct a new manufacturing facility.
INITIATOR/STAFF INFORMATION SOURCE
Michael Dunn, Building Official
BACKGROUND
Applicant Adam Rincon is requesting a Rezone on a vacant lot located at 900 NW 2nd Ave,
being Block 22. Lots B&C, Wiggins Addition, Mineral Wells, Palo Pinto County, Texas from a
SF-6 (Single Family Residential) District to a C (Commercial) District in order to construct a
new manufacturing facility.
The Mineral Wells City Council held a Public Hearing regarding this item at its meeting on
January 21,2025 and tabled the request pending further information from the applicant.
Applicant will be attending the meeting to provide further information and answer any questions.
The Planning and Zoning Commission held a Public Hearing regarding this matter at its meeting
on January 6, 2025 and voted unanimously for approval.
Police, Fire Department, Public Works, Oncor and Texas Gas service have all reviewed this item
and expressed no concerns.
EXHIBITS
1. P&Z Case 2025-3 (1)
2. January 2025 Minutes 2025-3
3. Rezone Ordinance Wiggins Addition 2025-3 v2 EMH Clean (3) (3)
ITEM NUMBER 3.
MEETING DATE 2/4/2025
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MINUTES
PLANNING AND ZONING COMMISSION MEETING
Monday, January 6, 2025, at 5:30 P.M.
City Hall Annex, 115 S.W. 1st Street, Mineral Wells, Texas
MEMBERS PRESENT: Mark Berry (Chairman), Charles Ramsay, Jeff Cowan, Kim Houston, Linda Porter
Bradford, Cort Beynon
STAFF MEMBERS PRESENT: Building Official Michael Dunn, Permit Coordinator Christy Davis, Director of
Community Development Nathan Dyhre
CALL TO ORDER: The meeting was called to order at 5:30 p.m. by Mr. Berry.
PREVIOUS MEETING MINUTES: The minutes of the December 2, 2024 Planning and Zoning Commission
meeting were approved 5-0.
PUBLIC HEARINGS
PUBLIC HEARING ON P&Z CASE 2025-3 Applicant Adam Rincon is requesting a Rezone on a vacant lot
located at 900 NW 2nd Ave, being Block 22. Lots B&C, Wiggins Addition, Mineral Wells, Palo Pinto County,
Texas from a SF-6 (Single Family Residential) District to a C (Commercial) District in order to construct a new
manufacturing facility.
Mr. Berry opened the Public Hearing at 5:39 p.m. No one was present to answer. Mr. Berry closed the
Public Hearing at 5:40 p.m. Mr. Dunn spoke on behalf of staff, stating that staff had no objections. Mr.
Cowan motioned, and Mr. Beynon seconded to approve the Rezone. Motion passed 5-0.
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ORDINANCE NO. 2025-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MINERAL
WELLS, TEXAS AMENDING APPENDIX B, “THE CITY OF MINERAL
WELLS ZONING ORDINANCE”, OF THE CODE OF ORDINANCES OF
THE CITY TO AMEND THE ZONING CLASSIFICATION OF BLOCK 22,
LOTS B & C, WIGGINS ADDITION, MINERAL WELLS, PALO PINTO
COUNTY, TEXAS FROM A SF-6 (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO A C (COMMERCIAL) DISTRICT; REVISING THE
OFFICIAL ZONING MAP IN ACCORDANCE HEREWITH; PROVIDING
FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PRESCRIBING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.
WHEREAS, an application was submitted to amend the City of Mineral Wells Zoning
Ordinance, Appendix B of the Code of Ordinances of the City (hereinafter “Zoning Ordinance”),
to change the zoning of Block 22, Lots B & C, Wiggins Addition, Mineral Wells, Palo Pinto
County, Texas (the “Property”) from an SF-6 (Single Family Residential) District to a C
(Commercial) District; and
WHEREAS, the Planning and Zoning Commission of the City of Mineral Wells
(“Commission”) in compliance with the laws of the State of Texas and the ordinances of the City,
gave requisite notices by publication and otherwise, and after holding due hearings and affording
a full and fair hearing to all property owners generally, and to all persons interested and situated
in the affected area and in the vicinity thereof, the Commission evaluated the request and the
relationship of the request to the adopted City plan as required by the Zoning Ordinance and voted
to recommend approval of the requested zoning change on the Property to the City Council of the
City of Mineral Wells (the “City Council”); and
WHEREAS, the City Council, in compliance with the laws of the State of Texas and the
ordinances of the City, gave requisite notices by publication and otherwise, and after holding due
hearings and affording a full and fair hearing to all property owners generally, and to all persons
interested and situated in the affected area and in the vicinity thereof, and having considered the
Commission’s recommendation for approval of the requested rezoning of the Property from a SF-
6 (Single Family Residential) District to a C (Commercial) District, has determined that the
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Zoning Ordinance should be amended to rezone the Property from SF-6 (Single Family
Residential) District to C (Commercial) District and that the change in zoning for the property
should be reflected in the Zoning Map; and
WHEREAS, the City Council has investigated and determined that the requested zoning
change for the Property and amendment to the Zoning Map reflecting the change from a SF-6
(Single Family Residential) District to a C (Commercial) District is appropriate, is consistent with
the plan for the City, and that such grant will not be detrimental to the public welfare, safety or
health.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MINERAL WELLS, TEXAS:
SECTION 1. Findings Incorporated. All of the above premises are found to be true and
correct findings of the City Council and are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2. Amendment to Zoning Ordinance and Zoning Map. The Zoning
Classification for the property described as Block 22, Lots B & C, Wiggins Addition, Mineral
Wells, Palo Pinto County, Texas, and the Zoning Map of the City are hereby amended to reflect
the change in zoning from an SF-6 (Single Family Residential) District to a C (Commercial)
District.
SECTION 3. Development Regulations Applicable. The Property being located within
the C (Commercial) District, as rezoned by this Ordinance, shall be developed and used in
accordance with the City of Mineral Wells Zoning Ordinance, Appendix B to the Code of
Ordinances of the City, and all other applicable City ordinances, state and federal laws, as they
exist or may be in the future amended, including but not limited to building codes, fire codes and
all accessibility standards as required by law.
SECTION 4. Savings/Repealing Clause. City of Mineral Wells Zoning Ordinance,
Appendix B to the Code of Ordinances of the City, shall remain in full force and effect, save and
except as amended by this or any other ordinance. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed to the extent they are in conflict with the provisions of
this Ordinance; but such repeal shall not abate any pending prosecution for violation of the
repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any
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violation if occupying prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 5. Severability. Should any word, section, article, subsection, sentence,
clause, phrase or other portion of this Ordinance be declared unconstitutional, illegal or invalid
by a court of competent jurisdiction, it is expressly provided that the validity of any and all
remaining portions of this Ordinance shall remain in full force and effect. In such event, the City
of Mineral Wells hereby declares that it would have passed this Ordinance, and each word,
section, article, subsection, clause, phrase or other portion thereof irrespective of the fact that any
one or more words, sections, articles, subsections, sentences, clauses, phrases or other portions
be declared unconstitutional or invalid.
SECTION 6. Penalty. Any person, firm, or corporation violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, in the municipal
court of the City of Mineral Wells, Texas, shall be punished by a fine not to exceed the sum of
two thousand dollars ($2,000.00) for each offense, and each and every day any such violation
shall continue shall be deemed to constitute a separate offense.
SECTION 7. Publication and Effective Date. This Ordinance shall take effect
immediately from and after its passage and the publication of the caption, as the law and Charter
in such cases require.
PASSED AND APPROVED BY THE MINERAL WELLS CITY COUNCIL IN A PUBLIC
MEETING HELD ON THE 4th Day of February 2025.
________________________________________
Regan Johnson, Mayor
ATTEST:
____________________________________
Sharon McFadden, City Clerk
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AGENDA ITEM COMMENTARY
ITEM TITLE
Consider and take appropriate action on the resolution that the City Council of the City of
Mineral Wells authorizing an Advance Funding Agreement with the Texas Department of
Transportation relating to a Green Ribbon Landscaping Project along US 281 and US 180 (0902-
39-051)
INITIATOR/STAFF INFORMATION SOURCE
Carrie Stevenson, Parks & Recreation Superintendent
BACKGROUND
October 2024, the Parks and Recreation department was awarded a second TxDOT Green
Ribbon Grant for beautification along US 281 and US 180 for $579,000. Council approved
acceptance at the November 5, 2024 City Council meeting.
In continuation of this project, the City Council is required to authorize the Advance Funding
Agreement and associated resolution. The document is specific to Mineral Wells; however, the
language is standard with most of TxDOT’s Green Ribbon Projects. The AFA addresses some of
the following; responsible parties, period of agreement, scope of work, project sources and use of
funds, terms of agreement, construction responsibilities, project maintenance, insurance and legal
responsibilities.
EXHIBITS
1. Green Ribbon Application Package FY2025
2. CSJ 0902-39-051 Draft AFA
3. RESOLUTION Green Ribbon 2025
ITEM NUMBER 4.
MEETING DATE 2/4/2025
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DEADLINE: 3/29/2024 5:00 PM
APPLICATION
GREEN RIBBON PROGRAM FY2025
GREEN RIBBON PROGRAM COORDINATOR: EMAIL:
Erica Swenson ERICA.SWENSON@TXDOT.GOV
FTW District Vegetation Specialist
Send PDF via email (Application & Attachments)
2501 S.W. Loop 820 at McCart Avenue
Fort Worth, Texas 76133 AMOUNT REQUESTING:
REQUIRED INFORMATION
City/Local Entity Name: Tel:
Title: Email:
Address:
City: Zip Code:
(Print) Agreement Signer: Title:
Proj. Manager /Consultant: Tel:
Address: Email:
City: Zip Code:
Will this be let as a Local Government Project Yes or No:
Is this local entity (or consultant) certified in TxDOT's Local Government Project Procedures (LGPP) Yes or No:
PROJECT INFORMATION
CSJ or Project #: Highway:
Project Limits From:
Project Limits To:
SCOPE OF WORK
Scope of work should be detailed enough to explain location, size and concept of the project.
Attach a Preliminary Schedule, Location Map and Schematic Plan.
TXDOT USE ONLY
APPROVED (Y or N): AMOUNT:
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DECOMPOSED GRANITE (TYP.)
RIVER ROCK (TYP.)
CONCRETE MOW STRIP (TYP.)
N
W
2
3
R
D
S
T
EXISTING MONUMENT SIGNAGE
STEEL EDGE (TYP.) CONCRETE MOW STRIP (TYP.)
RIVER ROCK (TYP.)
EXISTING MONUMENT SIGNAGE
EXISTING CANOPY TREE (TYP.)
HARDWOOD MULCH (TYP.)
DECOMPOSED GRANITE (TYP.)
HWY 281 - MINERAL WELLS HWY
HARDWOOD MULCH (TYP.)
SECTION A - N OAK AVE. & NW 23RD ST.
Location Map
A
B
C
Nellie R. Stevens Holly Color Guard Yucca Gulf Coast Muhly Red Yucca
Mexican Feather Grass Kaleidoscope Abelia Fountain Grass Lemon Lime Nandina Salvia
MINERAL WELLS GREEN RIBBON CONCEPT
Mineral Wells, Texas
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DECOMPOSED GRANITE (TYP.) DECOMPOSED GRANITE (TYP.)
EXISTING MONUMENT SIGNAGE
RIVER ROCK (TYP.)
E
HUBBARD
ST
T
S
D
R
A
W
H
U
B B CONCRETE MOW STRIP (TYP.)
SE
1ST
ST
W
1ST
ST
S
STEEL EDGE (TYP.)
RIVER ROCK (TYP.)
STEEL EDGE (TYP.)
SECTION B - W HUBBARD ST / SW 1ST ST SECTION C - SE 1ST & HUBBARD ST.
Location Map
A
B
C
Nellie R. Stevens Holly Color Guard Yucca Gulf Coast Muhly Red Yucca
Mexican Feather Grass Kaleidoscope Abelia Fountain Grass Lemon Lime Nandina Salvia
MINERAL WELLS GREEN RIBBON CONCEPT
Mineral Wells, Texas
Page 23 of 50

[PAGE 24]
Mineral Wells Green Ribbon
City of Mineral Wells, Texas
Opinion of Probable Costs: Total 10/24/2024
Item Unit Quantity Cost Item Cost
100 6002 PREPARING ROW STA 3 $1,500.00 $4,500.00
164 6008 BROADCAST SEED (PERM)(RURAL)(CLAY) SY 422 $0.50 $211.00
166 6008 FERTILIZER TON 3 $1,700.00 $5,100.00
1000 6007 MULCHING CY 8.75 $1,060.00 $9,275.00
1004 6001 TREE PROTECTION EA 11 $500.00 $5,500.00
168 6001 VEGETATIVE WATERING MG 6 $800.00 $4,800.00
193 6001 LANDSCAPE EDGE LF 1220 $45.00 $54,900.00
170 6001 IRRIGATION SYSTEM (SECTION A) LS 1 $20,000.00 $20,000.00
170 6001 IRRIGATION SYSTEM (SECTION B) LS 1 $15,000.00 $15,000.00
170 6001 IRRIGATION SYSTEM (SECTION C) LS 1 $15,000.00 $15,000.00
192 6004 PLANT MATERIAL (5-GAL) EA 1156 $65.00 $75,140.00
192 6016 PLANT BED PREP SY 1,403.35 $20.00 $28,067.00
193 6001 PLANT MAINTENANCE MO 12 $2,500.00 $30,000.00
193 6007 IRRIGATION SYSTEM OP AND MAINT MO 12 $3,500.00 $42,000.00
500 6001 MOBILIZATION LS 1 $38,000.00 $38,000.00
502 6001 BARRICADES, SIGNS, AND TRAFFIC HANDLING MO 5 $9,000.00 $45,000.00
6185 6002 TRUCK MOUNTED ATTENUATOR DAY 67 $300.00 $20,100.00
6001 6002 PORTABLE CHANGEABLE MESSAGE SIGN EA 3 $1,500.00 $4,500.00
506 6040 INSTALL EROSION CONTROL LOGS LF 1,610 $4.50 $7,245.00
506 6043 REMOVE EROSION CONTROL LOGS LF 1,610 $1.65 $2,656.50
432 6041 RIP RAP (SPECIAL)(6")RIVER ROCK CY 76.53 $625.00 $47,831.25
432 6046 RIP RAP (MOW STRIP)(5")CONC. CY 17.60 $1,000.00 $17,600.00
1005 6001 LOOSE AGGREGATE FOR GCVR (DG) (4" DEPTH) CY 104.81 $169.00 $17,712.89
1005 6002 LOOSE AGGREGATE FOR GCVR (AG) (2" DEPTH) CY 40.73 $169.00 $6,883.37
618 6034 COND (PVC) (SCHD 40) 4" (BORE) LF 134 $75.00 $10,050.00
620 6007 ELEC CONDR (NO. 8) BARE LF 148 $5.00 $740.00
SUBTOTAL $527,812.01
Contingency (± 10%) $51,187.99
TOTAL ESTIMATED CONSTRUTION COSTS $579,000.00
The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market
conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design
professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids. or actual costs will not vary from its opinions of
probable costs.
Page 24 of 50

[PAGE 25]
Mineral Wells Green Ribbon
City of Mineral Wells, Texas
Opinion of Probable Costs: Section A - N. Oak Ave / NW 23rd 10/24/2024
Item Unit Quantity Cost Item Cost
100 6002 PREPARING ROW STA 1 $1,500.00 $1,500.00
164 6008 BROADCAST SEED (PERM)(RURAL)(CLAY) SY 378.00 $0.50 $189.00
166 6008 FERTILIZER TON 1 $1,700.00 $1,700.00
1000-6007 MULCHING CY 8.75 $1,060.00 $9,275.00
168 6001 VEGETATIVE WATERING MG 6 $800.00 $4,800.00
170 6001 IRRIGATION SYSTEM LS 1 $20,000.00 $20,000.00
192 6004 PLANT MATERIAL (5-GAL) EA 669 $65.00 $43,485.00
192 6016 PLANT BED PREP SY 696.79 $20.00 $13,935.80
193 6001 LANDSCAPE EDGE LF 766 $45.00 $34,470.00
1004 6001 TREE PROTECTION EA 11 $500.00 $5,500.00
506 6040 INSTALL EROSION CONTROL LOGS LF 878 $4.50 $3,951.00
506 6043 REMOVE EROSION CONTROL LOGS LF 878 $1.65 $1,448.70
432 6041 RIP RAP (SPECIAL)(6")RIVER ROCK CY 40.27 $625.00 $25,168.75
432 6046 RIP RAP (MOW STRIP)(5")CONC. CY 11.51 $1,000.00 $11,510.00
1005 6001 LOOSE AGGREGATE FOR GCVR (DG) (4" DEPTH) CY 50.52 $169.00 $8,537.88
1005 6002 LOOSE AGGREGATE FOR GCVR (AG) (2" DEPTH) CY 25.28 $169.00 $4,272.32
618 6034 COND (PVC) (SCHD 40) 4" (BORE) LF 23 $75.00 $1,725.00
620 6007 ELEC CONDR (NO. 8) BARE LF 46 $5.00 $230.00
TOTAL ESTIMATED CONSTRUTION COSTS $191,698.45
The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding
or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the
Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids. or
actual costs will not vary from its opinions of probable costs.
Page 25 of 50

[PAGE 26]
Mineral Wells Green Ribbon
City of Mineral Wells, Texas
Opinion of Probable Costs: Section B - W Hubbard St / SW 1st St 10/24/2024
Item Unit Quantity Cost Item Cost
100 6002 PREPARING ROW STA 1 $1,500.00 $1,500.00
164 6008 BROADCAST SEED (PERM)(RURAL)(CLAY) SY 44.00 $0.50 $22.00
166 6008 FERTILIZER TON 1 $1,700.00 $1,700.00
170 6001 IRRIGATION SYSTEM LS 1 $15,000.00 $15,000.00
192 6004 PLANT MATERIAL (5-GAL) EA 375 $65.00 $24,375.00
192 6016 PLANT BED PREP SY 485.89 $20.00 $9,717.80
193 6001 LANDSCAPE EDGE LF 242 $45.00 $10,890.00
506 6040 INSTALL EROSION CONTROL LOGS LF 407 $4.50 $1,831.50
506 6043 REMOVE EROSION CONTROL LOGS LF 407 $1.65 $671.55
432 6046 RIP RAP (MOW STRIP)(5")CONC. CY 1.02 $1,000.00 $1,020.00
432 6041 RIP RAP (SPECIAL)(6")RIVER ROCK CY 22.93 $625.00 $14,331.25
1005 6002 LOOSE AGGREGATE FOR GCVR (AG) (2" DEPTH) CY 7.64 $169.00 $1,291.16
1005 6001 LOOSE AGGREGATE FOR GCVR (DG) (4" DEPTH) CY 38.67 $169.00 $6,535.23
618 6034 COND (PVC) (SCHD 40) 4" (BORE) LF 57 $75.00 $4,275.00
620 6007 ELEC CONDR (NO. 8) BARE LF 57 $5.00 $285.00
TOTAL ESTIMATED CONSTRUTION COSTS $93,445.49
The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding
or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the
Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids. or
actual costs will not vary from its opinions of probable costs.
Page 26 of 50

[PAGE 27]
Mineral Wells Green Ribbon
City of Mineral Wells, Texas
Opinion of Probable Costs: Section C -E Hubbard & SE 1st 10/24/2024
Item Unit Quantity Cost Item Cost
100 6002 PREPARING ROW STA 1 $1,500.00 $1,500.00
166 6008 FERTILIZER TON 1 $1,700.00 $1,700.00
170 6001 IRRIGATION SYSTEM LS 1 $15,000.00 $15,000.00
192 6004 PLANT MATERIAL (5-GAL) EA 112 $65.00 $7,280.00
192 6016 PLANT BED PREP SY 220.67 $20.00 $4,413.40
193 6001 LANDSCAPE EDGE LF 212 $45.00 $9,540.00
506 6040 INSTALL EROSION CONTROL LOGS LF 325 $4.50 $1,462.50
506 6043 REMOVE EROSION CONTROL LOGS LF 325 $1.65 $536.25
432 6046 RIP RAP (MOW STRIP)(5")CONC. CY 5.07 $1,000.00 $5,070.00
432 6041 RIP RAP (SPECIAL)(6")RIVER ROCK CY 13.33 $625.00 $8,331.25
1005 6002 LOOSE AGGREGATE FOR GCVR (AG) (2" DEPTH) CY 7.81 $169.00 $1,319.89
1005 6001 LOOSE AGGREGATE FOR GCVR (DG) (4" DEPTH) CY 15.62 $169.00 $2,639.78
618 6034 COND (PVC) (SCHD 40) 4" (BORE) LF 54 $75.00 $4,050.00
620 6007 ELEC CONDR (NO. 8) BARE LF 45 $5.00 $225.00
TOTAL ESTIMATED CONSTRUTION COSTS $63,068.07
The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or
market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's
judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids. or actual costs will not
vary from its opinions of probable costs.
Page 27 of 50

[PAGE 28]
Item Green Ribbon Project - Mineral Wells Beauitification Improvements Finish 2024 2025
Description O N D J F M A M J J A S O N D
Project Set-Up Phase
Execute TXDOT Amended Funding Agreement
1 TXDOT: Award Letter to Mineral Wells 10/16/24
2 TXDOT: Funding Agreement to Mineral Wells 11/4/24
3 Mineral Wells Council Approval of TXDOT Funding Agreement 11/5/24
Design & Bid Phase
4 City of Mineral Wells: Contract to Ciy of Mineral Wells 10/30/24
5 City of Mineral Wells: Design Contract Execution 11/5/24
6 Kimley Horn: 60 % Design Plans and Environmental Documents 1/10/25
7 TXDOT Review 60% Plans (approx. 1 month review) 2/7/25
8 Kimley Horn: 95% Design Plan and Specification Development 2/21/25
9 TXDOT Review 95% Plans (approx. 1 month review) 3/21/25
10 Environmental Clearance 3/21/25
11 Kimley Horn: 100% Design Plan and Specification Development (Austin Submittal) 3/28/25
12 TXDOT Review 100% Plans (approx. 1 month review) 4/25/25
13 Advertise for Bid 5/12/25
14 District Approval - Letting Date 5/26/25
15 Mineral Wells Council Award of Construction Contract 6/3/25
Construction Phase
16 Mobilization 9/8/25
17 Fine Grade and Prepare Landscaped Areas 9/15/25
18 Irrigation Installation 10/13/25
19 Landscaping and Amenities Installation 10/27/25
20 Project Punchlist 11/10/25
Page 28 of 50

[PAGE 29]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For
Green Ribbon Project
On-System
THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and
through the Texas Department of Transportation called the “State”, and the City of Mineral
Wells, acting by and through its duly authorized officials, called the “Local Government”. The
State and Local Government shall be collectively referred to as “the parties” hereinafter.
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements
to implement its public purposes, and
WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall
design, construct and operate a system of highways in cooperation with local governments, and
Section 222.052 authorizes the Texas Transportation Commission to accept contributions from
political subdivisions for development and construction of public roads and the state highway
system within the political subdivision, and
WHEREAS, federal and state laws require local governments to meet certain contract
standards relating to the management and administration of State and federal funds, and
WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that
describe federal, state, and local responsibilities for cost participation in highway improvement
and other transportation projects, and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 116752
authorizing the State to undertake and complete a highway improvement or other transportation
project generally described as Landscape and Irrigation Improvements. The portion of the
project work covered by this Agreement is identified in the Agreement, Article 3, Scope of Work
(Project), and
WHEREAS, the Governing Body of the Local Government has approved entering into this
Agreement by resolution, ordinance, or commissioners court order dated __________, which is
attached to and made a part of this Agreement as Attachment C, Resolution, Ordinance, or
Commissioners Court Order (Attachment C). A map showing the Project location appears in
Attachment A, Location Map Showing Project (Attachment A), which is attached to and made a
part of this Agreement.
AFA LongGen Page 1 of 16 Rev. 2/27/2024
Page 29 of 50

[PAGE 30]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties, to be by them respectively kept and performed as set forth in this
Agreement, it is agreed as follows:
AGREEMENT
1. Responsible Parties:
For the Project covered by this Agreement, the parties shall be responsible for the
following work as stated in the article of the Agreement referenced in the table below:
1 Local Government* Utilities Article 8
2. Local Government Environmental Assessment and Mitigation Article 9
3. Local Government Architectural and Engineering Services Article 11
4. State Construction Responsibilities Article 12
5. Local Government* Right of Way and Real Property Article 14
An asterisk next to the party responsible for specific work in the above table indicates
that the associated specific work is not anticipated as part of the Project and is therefore
not included in the budget; however, the party indicated will be responsible for that
specific work if that work is not the subject of another agreement and the State
determines that the specific work has become necessary to successful completion of the
Project.
2. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes
the Agreement fully executed. This Agreement shall remain in effect until the Project is
completed or unless terminated as provided below.
3. Scope of Work
The scope of work for the Project consists of include landscape, hardscape, and
irrigation. Planting will consist of Texas native and adaptive shrubs. Hardscape
improvements will include decomposed granite, hardwood mulch, and river rock mulch,
and the existing perimeter mow strips will be preserved for maintenance and safety. This
project is located along US-281 and US-180 within the limits of the City of Mineral Wells
as shown in Attachement A.
4. Project Sources and Uses of Funds
The total estimated cost of the Project is shown in Attachment B, Project Budget
(Attachment B) which is attached to and made a part of this Agreement.
A. If the Local Government will perform any work under this Agreement for which
reimbursement will be provided by or through the State, the Local Government
must complete training. If federal funds are being used, the training must be
completed before federal spending authority is obligated. Training is complete
when at least one individual who is working actively and directly on the Project
successfully completes and receives a certificate for the course entitled “Local
AFA LongGen Page 2 of 16 Rev. 2/27/2024
Page 30 of 50

[PAGE 31]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
Government Project Procedures and Qualification for the Texas Department of
Transportation” and retains qualification in accordance with applicable TxDOT
procedures. Upon request, the Local Government shall provide the certificate of
qualification to the State. The individual who receives the training certificate may
be an employee of the Local Government or an employee of a firm that has been
contracted by the Local Government to perform oversight of the Project. The
State in its discretion may deny reimbursement if the Local Government has not
continuously designated in writing a qualified individual to work actively on or to
directly oversee the Project.
B. The expected cash contributions from the federal government, the State, the
Local Government, or other parties are shown in Attachment B. The State will
pay for only those Project costs that have been approved by the Texas
Transportation Commission. For projects with federal funds, the State and the
federal government will not reimburse the Local Government for any work
performed before the federal spending authority is formally obligated to the
Project by the Federal Highway Administration (FHWA). After federal funds have
been obligated, the State will send to the Local Government a copy of the formal
documentation showing the obligation of funds including federal award
information. The Local Government is responsible for 100% of the cost of any
work performed under its direction or control before the federal spending
authority is formally obligated.
C. Attachment B shows, by major cost categories, the cost estimates and the party
responsible for performing the work for each category. These categories may
include but are not limited to: (1) costs of real property; (2) costs of utility work;
(3) costs of environmental assessment and remediation; (4) cost of preliminary
engineering and design; (5) cost of construction and construction management;
and (6) any other local project costs.
D. The State will be responsible for securing the federal and State share of the
funding required for the development and construction of the local Project. If the
Local Government is due funds for expenses incurred, these funds will be
reimbursed to the Local Government on a cost basis.
E. The Local Government will be responsible for all non-federal or non-State
participation costs associated with the Project, unless otherwise provided for in
this Agreement or approved otherwise in an amendment to this Agreement. For
items of work subject to specified percentage funding, the Local Government
shall only in those instances be responsible for all Project costs that are greater
than the maximum State and federal participation specified in Attachment B and
for overruns in excess of the amount specified in Attachment B to be paid by the
Local Government.
F. The budget in Attachment B will clearly state all items subject to fixed price
funding, specified percentage funding, and the periodic payment schedule, when
periodic payments have been approved by the State.
G. When the Local Government bears the responsibility for paying cost overruns,
the Local Government shall make payment to the State within thirty (30) days
from the receipt of the State’s written notification of additional funds being due.
H. When fixed price funding is used, the Local Government is responsible for the
fixed price amount specified in Attachment B. Fixed prices are not subject to
AFA LongGen Page 3 of 16 Rev. 2/27/2024
Page 31 of 50

[PAGE 32]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
adjustment unless (1) differing site conditions are encountered; (2) further
definition of the Local Government’s requested scope of work identifies greatly
differing costs from those estimated; (3) work requested by the Local
Government is determined to be ineligible for federal participation; or (4) the
adjustment is mutually agreed to by the State and the Local Government.
I. Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment B. At a
minimum, this amount shall equal the Local Government’s funding share for the
estimated cost of preliminary engineering performed or reviewed by the State for
the Project. At least sixty (60) days prior to the date set for receipt of the
construction bids, the Local Government shall remit its remaining financial share
for the State’s estimated construction oversight and construction cost.
J. The State will not execute the contract for the construction of the Project until the
required funding has been made available by the Local Government in
accordance with this Agreement.
K. Whenever funds are paid by the Local Government to the State under this
Agreement, the Local Government shall remit a check or warrant made payable
to the “Texas Department of Transportation” or may use the State’s Automated
Clearing House (ACH) system for electronic transfer of funds in accordance with
instructions provided by TxDOT’s Finance Division. The funds shall be deposited
and managed by the State and may only be applied by the State to the Project.
L. The State will not pay interest on any funds provided by the Local Government.
M. If a waiver for the collection of indirect costs for a service project has been
granted under 43 TAC §15.56, the State will not charge the Local Government
for the indirect costs the State incurs on the Project, unless this Agreement is
terminated at the request of the Local Government prior to completion of the
Project.
N. If the Local Government is an Economically Disadvantaged County (EDC) and if
the State has approved adjustments to the standard financing arrangement, this
Agreement reflects those adjustments.
O. Where the Local Government is authorized to perform services under this
Agreement and be reimbursed by the State, the Local Government is authorized
to submit requests for reimbursement by submitting the original of an itemized
invoice, in a form and containing all items required by the State, no more
frequently than monthly and no later than ninety (90) days after costs are
incurred. If the Local Government submits invoices more than ninety (90) days
after the costs are incurred and if federal funding is reduced as a result, the State
shall have no responsibility to reimburse the Local Government for those costs.
P. Upon completion of the Project, the State will perform a final accounting of the
Project costs for all items of work with specified percentage funding. Any funds
due by the Local Government, the State, or the federal government for these
work items will be promptly paid by the owing party.
Q. The state auditor may conduct an audit or investigation of any entity receiving
funds from the State directly under this Agreement or indirectly through a
subcontract under this Agreement. Acceptance of funds directly under this
Agreement or indirectly through a subcontract under this Agreement acts as
acceptance of the authority of the state auditor, under the direction of the
AFA LongGen Page 4 of 16 Rev. 2/27/2024
Page 32 of 50

[PAGE 33]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
legislative audit committee, to conduct an audit or investigation in connection with
those funds. An entity that is the subject of an audit or investigation must provide
the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
R. Payment under this Agreement beyond the end of the current fiscal biennium is
subject to availability of appropriated funds. If funds are not appropriated, this
Agreement shall be terminated immediately with no liability to either party.
5. Termination of This Agreement
This Agreement shall remain in effect until the Project is completed and accepted by all
parties, unless:
A. The Agreement is terminated in writing with the mutual consent of the parties;
B. The Agreement is terminated by one party because of a breach, in which case
any costs incurred because of the breach shall be paid by the breaching party;
C. The Local Government elects not to provide funding after the completion of
preliminary engineering, specifications, and estimates (PS&E) and the Project
does not proceed because of insufficient funds, in which case the Local
Government agrees to reimburse the State for its reasonable actual costs
incurred during the Project; or
D. The Agreement is terminated by the State because the parties are not able to
execute a mutually agreeable amendment when the costs for Local Government
requested items increase significantly due to differing site conditions,
determination that Local government requested work is ineligible for federal or
state cost participation, or a more thorough definition of the Local Government’s
proposed work scope identifies greatly differing costs from those estimated. The
State will reimburse Local Government remaining funds to the Local Government
within ninety (90) days of termination; or
E. The Project is inactive for thirty-six (36) consecutive months or longer and no
expenditures have been charged against federal funds, in which case the State
may in its discretion terminate this Agreement.
6. Amendments
Amendments to this Agreement due to changes in the character of the work, terms of
the Agreement, or responsibilities of the parties relating to the Project may be enacted
through a mutually agreed upon, written amendment.
7. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any
agreement default, but all remedies existing at law and in equity may be availed of by
either party to this Agreement and shall be cumulative.
8. Utilities
The party named in Article 1, Responsible Parties, under AGREEMENT shall be
responsible for the adjustment, removal, or relocation of utility facilities in accordance
with applicable state laws, regulations, rules, policies, and procedures, including any
cost to the State of a delay resulting from the Local Government’s failure to ensure that
utility facilities are adjusted, removed, or relocated before the scheduled beginning of
AFA LongGen Page 5 of 16 Rev. 2/27/2024
Page 33 of 50

[PAGE 34]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
construction. The Local Government will not be reimbursed with federal or State funds
for the cost of required utility work. The Local Government must obtain advance
approval for any variance from established procedures. Before a construction contract is
let, the Local Government shall provide, at the State’s request, a certification stating that
the Local Government has completed the adjustment of all utilities that must be adjusted
before construction is commenced.
9. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental
Policy Act and the National Historic Preservation Act of 1966, which require
environmental clearance of federal-aid projects. The party named in Article 1,
Responsible Parties, under AGREEMENT is responsible for the following:
A. The identification and assessment of any environmental problems associated
with the development of a local project governed by this Agreement.
B. The cost of any environmental problem’s mitigation and remediation.
C. Providing any public meetings or public hearings required for the environmental
assessment process. Public hearings will not be held prior to the approval of the
Project schematic.
D. The preparation of the NEPA documents required for the environmental
clearance of this Project.
If the Local Government is responsible for the environmental assessment and mitigation,
before the advertisement for bids, the Local Government shall provide to the State
written documentation from the appropriate regulatory agency or agencies that all
environmental clearances have been obtained.
10. Compliance with Accessibility Standards
All parties to this Agreement shall ensure that the plans for and the construction of all
projects subject to this Agreement are in compliance with standards issued or approved
by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent
with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-
336) (ADA).
11. Architectural and Engineering Services
The party named in Article 1, Responsible Parties, under AGREEMENT has
responsibility for the performance of architectural and engineering services. The
engineering plans shall be developed in accordance with the applicable State’s Standard
Specifications for Construction and Maintenance of Highways, Streets and Bridges and
the special specifications and special provisions related to it. For projects on the State
highway system, the design shall, at a minimum conform to applicable State manuals.
For projects not on the State highway system, the design shall, at a minimum, conform
to applicable American Association of State Highway and Transportation Officials
(AASHTO) design standards.
In procuring professional services, the parties to this Agreement must comply with
federal requirements cited in 23 CFR Part 172 if the Project is federally funded and with
Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for
AFA LongGen Page 6 of 16 Rev. 2/27/2024
Page 34 of 50

[PAGE 35]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
federally funded projects must conform to federal requirements, specifically including the
provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and
environmental matters. If the Local Government is the responsible party, the Local
Government shall submit its procurement selection process for prior approval by the
State. All professional services contracts must be reviewed and approved by the State
prior to execution by the Local Government.
12. Construction Responsibilities
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible
for the following:
A. Advertise for construction bids, issue bid proposals, receive and tabulate the
bids, and award and administer the contract for construction of the Project.
Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders that may become necessary subsequent
to the award of the construction contract. In order to ensure federal funding
eligibility, projects must be authorized by the State prior to advertising for
construction.
B. If the State is the responsible party, the State will use its approved contract
letting and award procedures to let and award the construction contract.
C. If the Local Government is the responsible party, the Local Government shall
submit its contract letting and award procedures to the State for review and
approval prior to letting.
D. If the Local Government is the responsible party, the State must concur with the
low bidder selection before the Local Government can enter into a contract with
the vendor.
E. If the Local Government is the responsible party, the State must review and
approve change orders.
F. Upon completion of the Project, the party responsible for constructing the Project
will issue and sign a “Notification of Completion” acknowledging the Project’s
construction completion and submit certification(s) sealed by a professional
engineer(s) licensed in the State of Texas.
G. For federally funded contracts, the parties to this Agreement will comply with
federal construction requirements cited in 23 CFR Part 635 and with
requirements cited in 23 CFR Part 633, and shall include the latest version of
Form “FHWA-1273” in the contract bidding documents. If force account work will
be performed, a finding of cost effectiveness shall be made in compliance with 23
CFR 635, Subpart B.
13. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads and
locally owned facilities after completion of the work. The State shall be responsible for
maintenance of the State highway system after completion of the work if the work was
on the State highway system, unless otherwise provided for in existing maintenance
agreements with the Local Government.
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[PAGE 36]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
14. Right of Way and Real Property
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible
for the provision and acquisition of any needed right of way or real property.
The Local Government shall be responsible for the following:
A. Right of way and real property acquisition shall be the responsibility of the Local
Government. Title to right of way and other related real property must be
acceptable to the State before funds may be expended for the improvement of
the right of way or real property.
B. If the Local Government is the owner of any part of the Project site under this
Agreement, the Local Government shall permit the State or its authorized
representative access to occupy the site to perform all activities required to
execute the work.
C. All parties to this Agreement will comply with and assume the costs for
compliance with all the requirements of Title II and Title III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title
42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental
expenses incurred by the property owners in conveying the real property to the
Local Government and benefits applicable to the relocation of any displaced
person as defined in 49 CFR Section 24.2(g). Documentation to support such
compliance must be maintained and made available to the State and its
representatives for review and inspection.
D. The Local Government shall assume all costs and perform necessary
requirements to provide any necessary evidence of title or right of use in the
name of the Local Government to the real property required for development of
the Project. The evidence of title or rights shall be acceptable to the State, and
be free and clear of all encroachments. The Local Government shall secure and
provide easements and any needed rights of entry over any other land needed to
develop the Project according to the approved Project plans. The Local
Government shall be responsible for securing any additional real property
required for completion of the Project.
E. In the event real property is donated to the Local Government after the date of
the State’s authorization, the Local Government will provide all documentation to
the State regarding fair market value of the acquired property. The State will
review the Local Government’s appraisal, determine the fair market value and
credit that amount towards the Local Government’s financial share. If donated
property is to be used as a funding match, it may not be provided by the Local
Government. The State will not reimburse the Local Government for any real
property acquired before execution of this Agreement and the obligation of
federal spending authority.
F. The Local Government shall prepare real property maps, property descriptions,
and other data as needed to properly describe the real property and submit them
to the State for approval prior to the Local Government acquiring the real
property. Tracings of the maps shall be retained by the Local Government for a
permanent record.
G. The Local Government agrees to make a determination of property values for
each real property parcel by methods acceptable to the State and to submit to
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[PAGE 37]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
the State a tabulation of the values so determined, signed by the appropriate
Local Government representative. The tabulations shall list the parcel numbers,
ownership, acreage and recommended compensation. Compensation shall be
shown in the component parts of land acquired, itemization of improvements
acquired, damages (if any) and the amounts by which the total compensation will
be reduced if the owner retains improvements. This tabulation shall be
accompanied by an explanation to support the determined values, together with
a copy of information or reports used in calculating all determined values.
Expenses incurred by the Local Government in performing this work may be
eligible for reimbursement after the Local Government has received written
authorization by the State to proceed with determination of real property values.
The State will review the data submitted and may base its reimbursement for
parcel acquisitions on these values.
H. Reimbursement for real property costs will be made to the Local Government for
real property purchased in an amount not to exceed eighty percent (80%) of the
cost of the real property purchased in accordance with the terms and provisions
of this Agreement. Reimbursement will be in an amount not to exceed eighty
percent (80%) of the State’s predetermined value of each parcel, or the net cost
of the parcel, whichever is less. In addition, reimbursement will be made to the
Local Government for necessary payments to appraisers, expenses incurred in
order to assure good title, and costs associated with the relocation of displaced
persons and personal property as well as incidental expenses.
I. If the Project requires the use of real property to which the Local Government will
not hold title, a separate agreement between the owners of the real property and
the Local Government must be executed prior to execution of this Agreement.
The separate agreement must establish that the Project will be dedicated for
public use for a period of not less than 10 (ten) years after completion. The
separate agreement must define the responsibilities of the parties as to the use
of the real property and operation and maintenance of the Project after
completion. The separate agreement must be approved by the State prior to its
execution. A copy of the executed agreement shall be provided to the State.
15. Insurance
If this Agreement authorizes the Local Government or its contractor to perform any work
on State right of way, before beginning work, the entity performing the work shall provide
the State with a fully executed copy of the State's Form 1560 Certificate of Insurance
verifying the existence of coverage in the amounts and types specified on the Certificate
of Insurance for all persons and entities working on State right of way. This coverage
shall be maintained until all work on the State right of way is complete. If coverage is not
maintained, all work on State right of way shall cease immediately, and the State may
recover damages and all costs of completing the work.
16. Notices
All notices to either party shall be delivered personally or sent by certified or U.S. mail,
postage prepaid, addressed to that party at the following address:
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[PAGE 38]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
Local Government: State:
City of Mineral Wells Texas Department of Transportation
ATTN: City Manager ATTN: Director of Contract Services
734 Warren Road 125 E. 11th Street
Mineral Wells, TX, 76067 Austin, TX 78701
All notices shall be deemed given on the date delivered in person or deposited in the
mail, unless otherwise provided by this Agreement. Either party may change the above
address by sending written notice of the change to the other party. Either party may
request in writing that notices shall be delivered personally or by certified U.S. mail, and
that request shall be carried out by the other party.
17. Legal Construction
If one or more of the provisions contained in this Agreement shall for any reason be held
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions and this Agreement shall be
construed as if it did not contain the invalid, illegal, or unenforceable provision.
18. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party, and each party agrees it is responsible for its individual acts
and deeds as well as the acts and deeds of its contractors, employees, representatives,
and agents.
19. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the State
shall remain the property of the State. All data and information prepared under this
Agreement shall be made available to the State without restriction or limitation on their
further use. All documents produced or approved or otherwise created by the Local
Government shall be transmitted to the State, in the format directed by the State, on a
monthly basis or as required by the State. The originals shall remain the property of the
Local Government. .
20. Compliance with Laws
The parties to this Agreement shall comply with all federal, state, and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any manner affecting the performance of this
Agreement. When required, the Local Government shall furnish the State with
satisfactory proof of this compliance.
21. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement’s subject matter.
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[PAGE 39]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
22. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the cost
principles established in 2 CFR 200 that specify that all reimbursed costs are allowable,
reasonable, and allocable to the Project.
23. Procurement and Property Management Standards
The parties to this Agreement shall adhere to the procurement and property
management standards established in 2 CFR 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the
Texas Uniform Grant Management Standards. The State must pre-approve the Local
Government’s procurement procedures for purchases to be eligible for state or federal
funds.
24. Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers, accounting
records, and other documentation relating to costs incurred under this Agreement and
shall make such materials available to the State, the Local Government, and, if federally
funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized
representatives for review and inspection at its office during the Agreement period and
for seven (7) years from the date of final reimbursement by FHWA under this Agreement
or until any impending litigation or claims are resolved. Additionally, the State, the Local
Government, and the FHWA and their duly authorized representatives shall have access
to all the governmental records that are directly applicable to this Agreement for the
purpose of making audits, examinations, excerpts, and transcriptions.
25. Civil Rights Compliance
The parties to this Agreement are responsible for the following:
A. Compliance with Regulations: Both parties will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally-assisted programs of the
U.S. Department of Transportation (USDOT), the Federal Highway
Administration (FHWA), as they may be amended from time to time, which are
herein incorporated by reference and made part of this Agreement.
B. Nondiscrimination: The Local Government, with regard to the work performed by
it during the Agreement, will not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The Local Government will
not participate directly or indirectly in the discrimination prohibited by the Acts
and the Regulations, including employment practices when the Agreement
covers any activity, project, or program set forth in Appendix B of 49 CFR Part
21.
C. Solicitations for Subcontracts, Including Procurement of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by the Local Government for work to be performed under a subcontract, including
procurement of materials or leases of equipment, each potential subcontractor or
supplier will be notified by the Local Government of the Local Government’s
obligations under this Agreement and the Acts and Regulations relative to
Nondiscrimination on the grounds of race, color, or national origin.
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[PAGE 40]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
D. Information and Reports: The Local Government will provide all information and
reports required by the Acts, the Regulations, and directives issued pursuant
thereto, and will permit access to its books, records, accounts, other sources of
information, and facilities as may be determined by the State or the FHWA to be
pertinent to ascertain compliance with such Acts, Regulations or directives.
Where any information required of the Local Government is in the exclusive
possession of another who fails or refuses to furnish this information, the Local
Government will so certify to the State or the FHWA, as appropriate, and will set
forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of the Local Government's
noncompliance with the Nondiscrimination provisions of this Agreement, the
State will impose such contract sanctions as it or the FHWA may determine to be
appropriate, including, but not limited to:
1. withholding of payments to the Local Government under the Agreement until
the Local Government complies and/or
2. cancelling, terminating, or suspending of the Agreement, in whole or in part.
F. Incorporation of Provisions: The Local Government will include the provisions of
paragraphs (A) through (F) in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Acts, the Regulations
and directives issued pursuant thereto. The Local Government will take such
action with respect to any subcontract or procurement as the State or the FHWA
may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the Local Government becomes involved in, or
is threatened with, litigation with a subcontractor or supplier because of such
direction, the Local Government may request the State to enter into such
litigation to protect the interests of the State. In addition, the Local Government
may request the United States to enter into such litigation to protect the interests
of the United States.
26. Pertinent Non-Discrimination Authorities
During the performance of this Agreement, each party, for itself, its assignees, and
successors in interest agree to comply with the following nondiscrimination statutes and
authorities; including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(pro-hibits discrimination on the basis of race, color, national origin); and 49 CFR
Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or
whose property has been acquired because of federal or federal-aid programs
and projects).
C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended,
(prohibits discrimination on the basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part
27.
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age).
AFA LongGen Page 12 of 16 Rev. 2/27/2024
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[PAGE 41]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section
47123), as amended, (prohibits discrimination based on race, creed, color,
national origin, or sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the federal-aid recipients, subrecipients and contractors,
whether such programs or activities are federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits
discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain
testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38.
I. The Federal Aviation Administration’s Nondiscrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures
nondiscrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, the parties must take reasonable steps to ensure that
LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to
74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the
parties from discriminating because of sex in education programs or activities (20
U.S.C. 1681 et seq.).
27. Disadvantaged Business Enterprise (DBE) Program Requirements
If federal funds are used:
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
B. The Local Government shall adopt, in its totality, the State’s federally approved
DBE program.
C. The Local Government shall incorporate into its contracts with subproviders an
appropriate DBE goal consistent with the State’s DBE guidelines and in
consideration of the local market, project size, and nature of the goods or
services to be acquired. The Local Government shall submit its proposed scope
of services and quantity estimates to the State to allow the State to establish a
DBE goal for each Local Government contract with a subprovider. The Local
Government shall be responsible for documenting its actions.
D. The Local Government shall follow all other parts of the State’s DBE program
referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the
AFA LongGen Page 13 of 16 Rev. 2/27/2024
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[PAGE 42]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
Adoption of the Texas Department of Transportation’s Federally-Approved
Disadvantaged Business Enterprise by Entity, and attachments found at web
address http://ftp.dot.state.tx.us/pub/txdot-
info/bop/dbe/mou/mou_attachments.pdf.
E. The Local Government shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any U.S. Department of
Transportation (DOT)-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The Local Government shall
take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-
discrimination in award and administration of DOT-assisted contracts. The
State’s DBE program, as required by 49 CFR Part 26 and as approved by DOT,
is incorporated by reference in this Agreement. Implementation of this program
is a legal obligation and failure to carry out its terms shall be treated as a
violation of this Agreement. Upon notification to the Local Government of its
failure to carry out its approved program, the State may impose sanctions as
provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
F. Each contract the Local Government signs with a contractor (and each
subcontract the prime contractor signs with a sub-contractor) must include the
following assurance: The contractor, sub-recipient, or sub-contractor shall not
discriminate on the basis of race, color, national origin, or sex in the performance
of this contract. The contractor shall carry out applicable requirements of 49
CFR Part 26 in the award and administration of DOT-assisted contracts. Failure
by the contractor to carry out these requirements is a material breach of this
Agreement, which may result in the termination of this Agreement or such other
remedy as the recipient deems appropriate.
28. Debarment Certifications
If federal funds are used, the parties are prohibited from making any award at any tier to
any party that is debarred or suspended or otherwise excluded from or ineligible for
participation in Federal Assistance Programs under Executive Order 12549, “Debarment
and Suspension.” By executing this Agreement, the Local Government certifies that it
and its principals are not currently debarred, suspended, or otherwise excluded from or
ineligible for participation in Federal Assistance Programs under Executive Order 12549
and further certifies that it will not do business with any party, to include principals, that is
currently debarred, suspended, or otherwise excluded from or ineligible for participation
in Federal Assistance Programs under Executive Order 12549. The parties to this
Agreement shall require any party to a subcontract or purchase order awarded under
this Agreement to certify its eligibility to receive federal funds and, when requested by
the State, to furnish a copy of the certification.
If state funds are used, the parties are prohibited from making any award to any party
that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20,
Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1,
Chapter 9, Subchapter G.
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[PAGE 43]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
29. Lobbying Certification
If federal funds are used, in executing this Agreement, each signatory certifies to the
best of that signatory’s knowledge and belief, that:
A. No federal appropriated funds have been paid or will be paid by or on behalf of
the parties to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with federal contracts, grants,
loans, or cooperative agreements, the signatory for the Local Government shall
complete and submit the Federal Standard Form-LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
C. The parties shall require that the language of this certification shall be included in
the award documents for all sub-awards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
all sub-recipients shall certify and disclose accordingly. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by Title 31 U.S.C. §1352. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
30. Federal Funding Accountability and Transparency Act Requirements
If federal funds are used, the following requirements apply:
A. Any recipient of funds under this Agreement agrees to comply with the Federal
Funding Accountability and Transparency Act (FFATA) and implementing
regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject
to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-
14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-
14/pdf/2010-22706.pdf.
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM)
number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award
provides more than $25,000 in federal funding. The SAM number may be
obtained by visiting the SAM website whose address is:
https://www.sam.gov/portal/public/SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS)
number, a unique nine-character number that allows federal government to
track the distribution of federal money. The DUNS may be requested free of
charge for all businesses and entities required to do so by visiting the Dun &
Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform;
and
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[PAGE 44]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
3. Report the total compensation and names of its top five executives to the
State if:
i. More than 80% of annual gross revenues are from the federal
government, and those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting
to the U.S. Securities and Exchange Commission.
31. Single Audit Report
If federal funds are used:
A. The parties shall comply with the single audit report requirements stipulated in 2
CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
B. If threshold expenditures of $750,000 or more are met during the fiscal year, the
Local Government must submit a Single Audit Report and Management Letter (if
applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX
78701 or contact TxDOT’s Compliance Division by email at
singleaudits@txdot.gov.
C. If expenditures are less than the threshold during the Local Government's fiscal
year, the Local Government must submit a statement to TxDOT's Compliance
Division as follows: "We did not meet the $______ expenditure threshold and
therefore, are not required to have a single audit performed for FY ______."
D. For each year the Project remains open for federal funding expenditures, the
Local Government will be responsible for filing a report or statement as described
above. The required annual filing shall extend throughout the life of the
Agreement, unless otherwise amended or the Project has been formally closed
out and no charges have been incurred within the current fiscal year.
32. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
Agreement on behalf of the entity represented.
Each party is signing this Agreement on the date stated under that party’s signature.
THE STATE OF TEXAS THE LOCAL GOVERNMENT
Signature Signature
Typed or Printed Name Typed or Printed Name
Typed or Printed Title Typed or Printed Title
Date Date
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[PAGE 45]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
ATTACHMENT A
LOCATION MAP SHOWING PROJECT
Page 1 of 1
AFA LongGen Attachment A
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[PAGE 46]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
ATTACHMENT B
PROJECT BUDGET
Costs will be allocated based on 80% Federal funding and 20% State funding until the
federal/state funding reaches the maximum obligated amount. The Local Government will then
be responsible for 100% of the costs.
Description Total Federal State Local
Estimated Participation Participation Participation
Cost % Cost % Cost % Cost
Environmental(by Local $5,000 0% $0 0% $0 100% $5,000
Government)
Engineering (by Local $50,000 0% $0 0% $0 100% $50,000
Government)
Construction (by State) $579,009 80% $463,207 20% $115,802 0% $0
Subtotal $634,009 $463,207 $115,802 $55,000
Environmental Direct State $2,199 0% $0 100% $2,199 0% $0
Costs
Right of Way Direct State $1 0% $0 100% $1 0% $0
Costs
Engineering Direct State $2,199 0% $0 100% $2,199 0% $0
Costs
Utility Direct State Costs $1 0% $0 100% $1 0% $0
Construction Direct State $40,473 0% $0 100% $40,473 0% $0
Costs
Indirect State Costs $33,539 0% $0 100% $33,539 0% $0
TOTAL $712,421 $463,207 $194,214 $55,000
Initial payment by the Local Government to the State: $0.00
Payment by the Local Government to the State before construction: $0.00
Estimated total payment by the Local Government to the State $0.00
This is an estimate. The final amount of Local Government participation will be based on actual
costs.
Page 1 of 1
AFA LongGen Attachment B
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[PAGE 47]
TxDOT:: Federal Highway Administration:
CCSJ # 0902-39-051 AFA ID Z00011285 CFDA No. 20.205
AFA CSJs 0902-39-051 CFDA Title Highway Planning and Construction
District # 02 Code Chart 64# 28350
Project Name Mineral Wells GR 2025 AFA Not Used For Research & Development
ATTACHMENT C
RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER
Page 1 of 1
AFA LongGen Attachment C
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[PAGE 48]
STATE OF TEXAS §
COUNTY OF PALO PINTO § RESOLUTION 2025 - ____
CITY OF MINERAL WELLS §
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MINERAL WELLS,
TEXAS, the City Council of the City of Mineral Wells authorizes an Advance Funding
Agreement with the Texas Department of Transportation relating to a Green Ribbon
Landscaping Project along US 281 and US 180 (0902-39-051). The total estimated construction
costs of $579,000.00; will be allocated based on 80% Federal estimated to be $463,200 and 20%
State estimated to be $115,800 with the State responsible for construction cost overruns. The
environmental and engineering costs will be allocated based on 100% Local Government
funding with the Local Government responsible for environmental and engineering cost
overruns. The City Manager is authorized to execute all documents necessary to complete this
transaction.
ADOPTED BY THE MINERAL WELLS CITY COUNCIL in a public meeting and that public
notice of the time, place and purpose of said meeting was given as required by law on this 4th day
of February 2025.
________________________________________
Reagan Johnson, Mayor
City of Mineral Wells, Texas
ATTEST:
________________________________
Sharon McFadden, City Clerk
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[PAGE 49]
AGENDA ITEM COMMENTARY
ITEM TITLE
Consider and take appropriate action on the Order of Election for the May 3, 2025, general
election to elect Councilmembers for those with expiring terms.
(Considerar y tomar las medidas apropiadas sobre el Ordn de Eleccion para el 3 de mayo de
2025 eleccion general para elegir miembros del consejo para aquellos con maddatos vencidos.)
INITIATOR/STAFF INFORMATION SOURCE
Sharon McFadden, City Clerk
BACKGROUND
This item is to order a general election to be held on May 3, 2025, to elect the following:
(Este punt es para ordenar una election general que se llevara a cavo el 3 mayo de 2025, para
elegit a los siguinetes:)
At-Large Place One Council Member (en general coloque a un miembro del consejo)
At-Large Place Two Council Member (en general lugar dos miembros del consejo)
Ward Two Council Member (Miembro del consejo del distrito dos)
Ward Four Council Member (Miembro del donsejo del distrito cuatro)
This item was tabled at the January 21, 2025 meeting due to changes made by the County
Elections Administrator.
(Este artículo fue presentado el 21 de enero de 2025 .reunión debido a cambios realizados por el
Administrador de Elecciones del Consejo.)
EXHIBITS
1. 2025 Order of Election
ITEM NUMBER 5.
MEETING DATE 2/4/2025
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[PAGE 50]
ORDER OF ELECTION FOR THE CITY OF MINERAL WELLS, TEXAS
An election is hereby ordered to be held on May 3, 2025, for Electing At-Large Place One Council Member, At-Large
Place Two Council Member, Ward Two Council Member, and Ward 4 Council Member.
(Por la presente se ordena la celebración de una elección el 3 de mayo de 2025 para elegir a un miembro del consejo general,Miembro del
Consejo At-Large del Lugar Dos, Miembro del Consejo del Distrito Dos y Miembro del Consejo del distrito quatro )
Early voting by personal appearance will be conducted each weekday at:
(La votación anticipada en persona se llevará a cabo todos los días de la semana en:)
ELECTION PRECINCT / TOWNS AND LOCATIONS
(ELECCION DE PRECINTO) / (PUEBLOS Y LA UBICACIONES)
Palo Pinto County Mineral Wells Annex
100 S.E. 6TH Ave.
Mineral Wells, TX 76067
Early Voting Hours and Days:
(Horarios y días de votación anticipada:)
Hours for Early Voting
Tuesday, April 22, 2025 8:00 am – 5:00 pm
Wednesday, April 23, 2025 8:00 am – 5:00 pm
Thursday, April 24, 2025 7:00 am – 7:00 pm
Friday, April 25, 2025 8:00 am – 5:00 pm
Monday, April 28, 2025 7:00 am – 7:00 pm
Tuesday, April 29, 2025 8:00 am – 5:00 pm
Applications for ballots by mail may be obtained by calling 940-659-1217, Applications for ballots by mail must be
received by the Early Voting Clerk No later than the close of business on Tuesday April 22, 2025
(Las solicitudes de boletas por correo se pueden obtener llamando 940-659-1217, Las solicitudes de boletas por correo deben ser recibidas por
el Secretario de Votación a más tardar al cierre de operaciones del martes 22 de abril de 2025.)
Applications for ballot by mail shall be mailed to:
(Las solicitudes de votación por correo se enviarán por correo a:)
Laura Watkins
Early Voting Clerk
100 S.E. 6th Ave., Suite 205
Mineral Wells, TX 76067
940-659-1217
Palo Pinto County Mineral Wells Annex
100 S.E. 6TH Ave.
Mineral Wells, TX 76067
Election Day Polling Locations are open: May 3, 2025, 7:00 a.m. – 7:00 p.m.
(Los lugares de votación el día de las elecciones están abiertos:)
Issued this on the 4th day of February 2025
_______________________________________ _____________________________________________
Regan L. Johnson, Mayor Kyle Wayne Kelley, Council Member At-Large Place 1
_______________________________________ _____________________________________________
Jonathon Rusher, Council Member Ward 1 Glenn Mitchell, Council Member At-Large Place 2
_______________________________________ _____________________________________________
Carlos Maldonado, Council Member Ward 2 Beth Watson, Council Member Ward 3/Mayor Pro-Tem
VACANT______________________________________
Council Member Ward 4
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