Minutes Description ATTACHMENTS: STAFF RESOURCE: Council ...

AGENDACITY OF ALLEN

CITY COUNCIL REGULAR M EETINGAUGUST 22, 2017 - 7:00 PM

COUNCIL CHAM BERSALLEN CITY HALL

305 CENTURY PARKWAYALLEN, TX 75013

Call to Order and Announce a Quorum is Present.

Pledge of Allegiance.

Public Recognition.

1. Citizen's Comments.

[The City Council invites citizens to speak to the Council on any topic not on theagenda or not already scheduled for Public Hearing. Prior to the meeting, pleasecomplete a "Public Meeting Appearance Card" and present it to the City Secretary.The time limit is three minutes per speaker, not to exceed a total of fifteen minutes forall speakers.]

2. Presentation of Proclamations by the Office of the Mayor.Present a Proclamation to Jed Tamayo Municipal Court AdministratorProclaiming August 22, 2017 as "Teen Court Day."

Consent Agenda.

[Routine Council business. Consent Agenda is approved by a single majority vote.Items may be removed for open discussion by a request from a Councilmember ormember of staff.]

3. Approve Minutes of the August 8, 2017, Regular City Council Meeting.

4. Adopt an Ordinance Approving and Enacting Supplement No. 13 to the Code ofOrdinances.

5. Adopt an Ordinance Amending Chapter 13, "Streets and Sidewalks", Article III,"Management of Public Rights-of-Way", Regarding the Use of the Public Rights-of-Way within the City; and Amending the Master Fee Schedule to Provide forthe Adoption of New Fees Related to the Use of the Right-of-Way for theInstallation of Nodes and Node Support Poles.

6. Adopt an Ordinance Adopting the City of Allen Design Manual for the Installationof Nodes and Node Support Poles in the City Right-of-Way.

7. Authorize the City Manager to Execute a Contract with Dean Insurance Group inthe Amount of $87,747 for a General Liability Policy, Liquor Liability Coverage,and an Umbrella Policy for the Allen Event Center.

8. Authorize the City Manager to Negotiate and Execute a Contract with UnitedHealthcare (UHC) to Serve as Stop-Loss Insurance Carrier.

9. Receive the Summary of Property Tax Collections as of July 2017.

Regular Agenda.

10. Conduct a Public Hearing on the Fiscal Year 2017-2018 City Budget as Requiredby Article IV, Section 4.04 of the Allen City Charter.

11. Conduct a Public Hearing Regarding the Fiscal Year 2017-2018 City Tax Rate.

12. Motion to Confirm Appointments of Councilmembers as Liaisons to City Boardsand Commissions as Nominated by Mayor Terrell.

Other Business.

13. Calendar.

14. Items of Interest. [Council announcements regarding local civic and charitableevents, meetings, fundraisers, and awards.]

Executive Session. (As needed)

Legal, Section 551.071.As authorized by Section 551.071(2) of the Texas Government Code, theWorkshop Meeting and/or the Regular Agenda may be Convened into ClosedExecutive Session for the Purpose of Seeking Confidential Legal Advice fromthe City Attorney on any Agenda Item Listed Herein.(Closed to Public as Provided in the Texas Government Code.)

15. Reconvene and Consider Action on Items Discussed During Executive Session.

Adjournment.

This notice was posted at Allen City Hall, 305 Century Parkway, Allen, Texas, at aplace convenient and readily accessible to the public at all times. Said notice was postedon Friday, August 18, 2017 at 5:00 p.m.

____________________________Shelley B. George, City Secretary

Allen City Hall is wheelchair accessible. Access to the building and special parking areavailable at the entrance facing Century Parkway. Requests for sign interpreters orspecial services must be received forty-eight (48) hours prior to the meeting time bycalling the City Secretary at 214.509.4105.

CITY COUNCIL AGENDA COMMUNICATION

AGENDA DATE: August 22, 2017

SUBJECT: Approve Minutes of the August 8, 2017, Regular CityCouncil Meeting.

STAFF RESOURCE: Shelley B. George, City Secretary

ATTACHMENTS:DescriptionMinutes

ALLEN CITY COUNCIL

REGULAR MEETING

AUGUST 8, 2017 Present: Stephen Terrell, Mayor Councilmembers: Gary L. Caplinger, Mayor Pro Tem Kurt Kizer Carl Clemencich Joey Herald Robin L. Sedlacek Baine Brooks City Staff: Peter H. Vargas, City Manager Shelli Siemer, Assistant City Manager Eric Ellwanger, Assistant City Manager Shelley B. George, City Secretary Teresa Warren, Director, Public and Media Relations Office Rebecca Vice, Assistant to the City Manager (absent) Pete Smith, City Attorney Workshop Session With a quorum of the Councilmembers present, the Workshop Session of the Allen City Council was called to order by Mayor Terrell at 6:24 p.m. on Tuesday, August 8, 2017, in the City Council Conference Room of the Allen City Hall, 305 Century Parkway, Allen, Texas. 1. Update from the North Texas Municipal Water District. 2. Committee Updates from City Council Liaisons. 3. Questions on Current Agenda. With no further discussion, the Workshop Session of the Allen City Council was adjourned at 6:59 p.m. on Tuesday, August 8, 2017. Call to Order and Announce a Quorum is Present With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to order by Mayor Terrell at 7:04 p.m. on Tuesday, August 8, 2017, in the Council Chambers of the Allen City Hall, 305 Century Parkway, Allen, Texas. Pledge of Allegiance

ALLEN CITY COUNCIL REGULAR MEETING AUGUST 8, 2017 PAGE 2 Public Recognition 1. Citizen’s Comments.

2. Presentation of Proclamations by the Office of the Mayor. Consent Agenda MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Brooks, the

Council voted seven (7) for and none (0) opposed to adopt all items on the Consent Agenda as follows:

3. Approve Minutes of the July 25, 2017, Regular City Council Meeting.

4. Approve Minutes of the August 2, 2017, City Council Joint Workshop Meeting with the Allen

Economic Development Corporation.

5. Adopt a Resolution Supporting the Development of a Comprehensive Public Transportation Plan for Collin County.

RESOLUTION NO. 3503-8-17(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PROPOSING THE DEVELOPMENT OF A COMPREHENSIVE PUBLIC TRANSPORTATION PLAN FOR COLLIN COUNTY; AND PROVIDING AN EFFECTIVE DATE.

6. Authorize the City Manager to Execute a Contract with Reynolds Asphalt and Construction

Company for the Central Business District (CBD) Street Rehabilitation Project in the Amount of $147,488.

7. Award Bid and Authorize the City Manager to Execute a Contract with North Rock

Construction, LLC, or Construction of the Beverly Elementary and Olsen Elementary Sidewalk Project in the Amount of $131,096.

8. Accept Resignations and Declare Vacancies in Place No. 1 on the Parks and Recreation Board

and Place No. 4 on the Planning and Zoning Commission.

The motion carried. Regular Agenda 9. Conduct a Public Hearing and Adopt an Ordinance for Specific Use Permit No. 155 for a Fitness

and Health Center Use for an Approximately 4,144± Square Foot Portion of a Building Generally Located South of McDermott Drive and West of Century Parkway, 503 W. McDermott Drive, Suite 100. [Title Boxing Club - Fitness and Health Studio]

Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. With no one speaking, Mayor Terrell closed the public hearing.

ALLEN CITY COUNCIL REGULAR MEETING AUGUST 8, 2017 PAGE 3

ORDINANCE NO. 3504-8-17: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE PERMIT NO. 155 AUTHORIZING AN APPROXIMATELY 4,144± SQUARE FOOT PORTION OF THE BUILDING LOCATED ON LOT 7R, GREENWAY-ALLEN RETAIL ADDITION (AND COMMONLY KNOWN AS 503 W. MCDERMOTT DRIVE, SUITE 100), PRESENTLY ZONED FOR SHOPPING CENTER “SC” TO BE USED FOR A FITNESS AND HEALTH CENTER USE; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.

MOTION: Upon a motion made by Councilmember Brooks and a second by Mayor Pro Tem Caplinger, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 3504-8-17, as previously captioned, granting Specific Use Permit No. 155 for a Fitness and Health Center use for Title Boxing Club. The motion carried.

10. Conduct a Public Hearing on the Fiscal Year 2017-2018 Budget as Required by Article IV,

Section 4.04 of the Allen City Charter.

Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. Linda Rubin, 1607 Navarro Court, Allen, Texas, asked a question regarding the wording in the notice of the public hearing and expressed concerns about the increase in appraisal values. With no one else speaking, Mayor Terrell closed the public hearing.

Mayor Terrell announcing that the City Council will vote on the FY2018 budget at the September 12, 2017, City Council meeting at 7:00 PM at Allen City Hall, 305 Century Parkway, Allen, Texas.

11. Conduct a Public Hearing Regarding the Fiscal Year 2017-2018 City Tax Rate.

Mayor Terrell opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. With no one speaking, Mayor Terrell closed the public hearing.

MOTION: Upon a motion made by Councilmember Clemencich and a second by Councilmember Herald,

the Council voted seven (7) for and none (0) opposed to set the City Council meeting date of September 12, 2017, at 7:00 PM at Allen City Hall, 305 Century Parkway, Allen, Texas, to vote on the proposed tax rate of 51.5 cents per $100 of the certified appraised value for the Fiscal Year 2017-2018 budget. The motion carried.

12. Motion to Confirm City Council Appointments to the Council Nominating Committee for the

Annual Appointment of Boards and Commissions. MOTION: Upon a motion made by Councilmember Herald and a second by Councilmember Brooks, the

Council voted seven (7) for and none (0) opposed to confirm the appointments of

ALLEN CITY COUNCIL REGULAR MEETING AUGUST 8, 2017 PAGE 4

Councilmembers Sedlacek, Brooks, Kizer and Clemencich to the Council Nominating Committee as recommended by Mayor Terrell. The motion carried.

Mayor Terrell moved to Other Business. Other Business 14. Calendar.

• August 18-20 - City Council Budget Workshop, Tanglewood Resort and Conference Center • August 22 - Second Public Hearing Date Regarding the Fiscal Year 2017-18 City Tax Rate and FY

2017-18 City Budget

15. Items of Interest.

• Council recognized a Boy Scout from Troop 531 in attendance as a requirement for earning a merit badge.

• Council encouraged support for the Allen Escadrille March-A-Thon this Saturday, August 12, 207. • Councilmember Brooks mentioned his daughter returning to college this week. • Council wished happy birthday to Council Clemencich.

Mayor Terrell recessed the Regular Agenda at 7:30 p.m. and announced the Executive Session. Executive Session In accordance with the Texas Government Code, the Allen City Council convened into Executive Session at 7:44 p.m. on Tuesday, August 8, 2017, in the Council Conference Room, 305 Century Parkway, Allen, Texas, in order to discuss matters pertaining to: 16. As Authorized by Section 551.074 of the Texas Government Code, for Personnel Matters:

• Discussion Regarding Election of Mayor Pro Tem

The Executive Session adjourned at 7:49 p.m. on Tuesday, August 8, 2017. 17. Reconvene and Consider Action on Items Discussed During Executive Session.

The Allen City Council reconvened into the Regular Meeting at 7:51 p.m. on Tuesday, August 8, 2017. The following action was taken on items discussed during Executive Session.

13. Election of Mayor Pro Tem.

Mayor Terrell called for nominations from the Council for the position of Mayor Pro Tem. Councilmember Brooks nominated Councilmember Caplinger. With no other nominations offered, Mayor Terrell closed the call for nominations.

ALLEN CITY COUNCIL REGULAR MEETING AUGUST 8, 2017 PAGE 5 MOTION: Upon a motion made by Councilmember Brooks and a second by Councilmember Kizer, the

Council voted seven (7) for and none (0) opposed to elect Councilmember Caplinger as Mayor Pro Tem. The motion carried.

Adjournment MOTION: Upon a motion made by Councilmember Brooks and a second by Councilmember Kizer, the

Council voted seven (7) for and none (0) opposed to adjourn the Regular Meeting of the Allen City Council at 7:53 p.m. on Tuesday, August 8, 2017. The motion carried.

These minutes approved on the 8th day of August 2017.

APPROVED: Stephen Terrell, MAYOR

ATTEST: Shelley B. George, TRMC, CITY SECRETARY



SUBJECT: Adopt an Ordinance Approving and EnactingSupplement No. 13 to the Code of Ordinances.


PREVIOUS COUNCIL ACTION: On December 8, 2015, Supplement No. 12 to theCode of Ordinances was adopted by Ordinance No.3340-12-15.

ACTION PROPOSED: Adopt an Ordinance Approving and EnactingSupplement No. 13 to the Code of Ordinances.

BACKGROUND

Upon adoption of Ordinance No. 2341-10-04, the City Council adopted the Code of Ordinances for the Cityof Allen, 2004 Edition. Subsequent to that time, updates have been processed for the Code of Ordinances, themost recent update being Supplement No. 12. The proper procedure for adopting the updated supplement is through an ordinance. After adoption of theproposed ordinance, the City Secretary is requesting each Councilmember return their copy of the Code ofOrdinances to be updated and the Code of Ordinances will be returned to you as soon as possible.

STAFF RECOMMENDATION

Staff recommends that the City Council adopt an ordinance updating the Code of Ordinances for the City ofAllen.

MOTION

I make a motion to adopt Ordinance No. __________________ approving and enacting SupplementNo. 13 to the Code of Ordinances of the City of Allen.

ATTACHMENTS:DescriptionOrdinance

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING SUPPLEMENT NO. 13 TO THE CODE OF ORDINANCES; PROVIDING FOR THE PRINTING THEREOF, AUTHENTICATION BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY; PROVIDING A REPEAL OF CERTAIN ORDINANCES; PROVIDING EXCEPTIONS TO REPEAL; PROVIDING A PENALTY FOR SUCH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Allen, Texas, adopted a republication of the Code of Ordinances for the City of Allen by Ordinance; and, WHEREAS, the City Council has enacted additional Ordinances amending the Code of Ordinances; and, WHEREAS, it is necessary to supplement the Code of Ordinances of the City of Allen, Texas, to include those amendments within the body of the Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Supplement No. 13 to the Code of Ordinances of the City of Allen, Texas, heretofore enacted by Ordinance No. 2341-10-04 be, and the same is hereby, adopted and shall hereafter constitute a Supplement to the Code of Ordinances. SECTION 2. Copies of Supplement No. 13, duly authenticated and approved by attachment to a certified copy of this Ordinance, under signature of the Mayor and attested by the City Secretary, shall be printed and distributed to all holders of the Code of Ordinances in accordance with the current list kept for that purpose by the City Secretary. SECTION 3. Said Code, as supplemented, shall be admitted in evidence without further proof, and the City Secretary shall record this Supplement adopted as amendments to said Code in the Ordinance records of the City, and thereafter such Code, as amended and supplemented, shall serve as a record of the Ordinances so codified, and it shall not be necessary in establishing the content of any particular Ordinance so codified to go beyond said record. SECTION 4. It is the intention of the City Council to make this Supplement and the amendments incorporated within it part of the Code of Ordinances when printed or reprinted in page form, distributed to and incorporated within the original Code of Ordinance books distributed by the City Secretary. A copy of such Code, as supplemented hereby, shall be available for all persons desiring to examine the same in the office of the City Secretary during regular business hours. Ordinances passed subsequent to the enactment of this Supplement shall be added to the body of the Code of Ordinances and incorporated within it by reference so that reference to the Code of Ordinances of the City of Allen shall be understood and intended to include such additions and amendments. SECTION 5. Whenever in the Code of Ordinances an act is prohibited or is made or declared to be unlawful, or an offense, or a misdemeanor, or whenever in such Code the doing of any act is required, or the failure to do any act is declared to be unlawful, the violation of such provision of the Code by any person, firm or corporation shall be deemed to be a misdemeanor and, upon conviction in the Municipal Court of the City of Allen, such person, firm or corporation shall be punished by a penalty of fine not to exceed the sum of Five Hundred Dollars ($500) for each offense, except where a different penalty has been established by state law for such offense, in which case the penalty shall be that fixed by state law, and for any offense which is a violation of any provision

Ordinance No. , Page 2

that governs fire safety, zoning, public health and sanitation or dumping refuse, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 6. This Ordinance and the Supplement adopted hereby shall become effective upon passage as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 22ND DAY OF AUGUST 2017.


APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Shelley B. George, CITY SECRETARY



SUBJECT: Adopt an Ordinance Amending Chapter 13, "Streetsand Sidewalks", Article III, "Management of PublicRights-of-Way", Regarding the Use of the PublicRights-of-Way within the City; and Amending theMaster Fee Schedule to Provide for the Adoption ofNew Fees Related to the Use of the Right-of-Way forthe Installation of Nodes and Node Support Poles.

STAFF RESOURCE: Chris Flanigan, Director of Engineering

PREVIOUS COUNCIL ACTION: On June 7, 2001, City Council Adopted an OrdinanceAmending the Code of Ordinances by Adding ArticleIII "Management of Public Rights-of-Way" to Chapter13, in Order to Administer and Regulate the Use ofPublic Rights-of-Way.

ACTION PROPOSED: Adopt an Ordinance Amending Chapter 13, "Streetsand Sidewalks", Article III, "Management of PublicRights-of-Way", Regarding the Use of the PublicRights-of-Way within the City; and Amending theMaster Fee Schedule to Provide for the Adoption ofNew Fees Related to the Use of the Right-of-Way forthe Installation of Nodes and Node Support Poles.

BACKGROUND

The City of Allen Management of Public Right-of-Way Article in the Code of Ordinances was created in 2001.There have been no revisions since it was enacted June 7, 2001. Senate Bill 1004 (SB 1004) allows the deployment of network nodes in the public right-of-way (ROW) and willbe enacted on September 1, 2017. Chapter 283 of the Local Government Code provides regulations applicableto Certified Telecommunication Providers, and a new Chapter 284 of the Local Government Code providesregulations applicable to Network Providers. It is necessary to amend the City code of ordinances to adoptprovisions that are consistent with Chapters 283 and 284 of the Local Government Code. These provisions areapplicable to the installation of "network nodes" (equipment that enables wireless communications between thecommunications network and the user's equipment) and related equipment, and applies to both the "wirelessservice provider," who provides the service directly to the public, and to "network providers," which are entitieswho do not provide service to the end-user, but whom build the equipment on behalf of a wireless serviceprovider. In addition to changes to Chapter 13 required by law, staff is proposing several changes that have derived frompractice over time, since originally adopted in 2001. Such changes are "housekeeping" in nature and align

current practice with the ordinance language. This involves a variety of topics including restoration, required

current practice with the ordinance language. This involves a variety of topics including restoration, requirednotification, permit time extensions, minimum separation from public infrastructure, and other practicalmatters. Additionally, the proposed ordinance restricts location of any utilities within the North Texas MunicipalWater District Easement, along FM 2551 (Angel Parkway). This existing easement contains a critical 84-inchdiameter waterline and when public right-of-way overlaps the easement (when the road is widened), franchiseutilities should be kept away from this important waterline. This ordinance is a companion item on this same agenda to another ordinance adopting the Allen DesignManual. The Allen Design Manual will communicate our community preferences, design considerations, andspecific requirements that the network owners and installers must reference to get a permit for use of the right-of-way. Finally, SB 1004 also dictates the type and maximum amount of various fees that cities are allowed to collect fornetwork node installations. This ordinance amends the Master Fee Schedule to provide for the adoption of feesrelated to this use of ROW as outlined in the Budgetary Impact section below.

BUDGETARY IMPACT

Below is a summary of the permit application fees and rental fees that the City will collect for network nodeinstallations with the adoption of the Network Node Design Manual and ROW Ordinance amendment.

Network NodeInstallation Type Permit Application Fee Network Node Rental Fee

Utility Pole (Non-City Owned) N/A N/ATransport Facility N/A $28 per Month per NodeService Pole (City Owned) $500 for the first 5 Nodes; $250

for each additional node; limit of30 nodes total.

$250 per Year per Node (plusannually allowed CPI adjustment)

Node Support Pole $1,000 per Pole $250 per Year per Node (plusannually allowed CPI adjustment)


Staff recommends that Council adopt an Ordinance amending Chapter 13, "Streets and Sidewalks", Article III,"Management of Public Rights-of-Way", regarding the use of the Public Rights-of-Way within the City; andamending the Master Fee Schedule to provide for the adoption of new fees related to the use of the Right-of-Way for the installation of Nodes and Node Support Poles.

MOTION

I make a motion to adopt Ordinance No.____________ amending the Code of Ordinances, Chapter 13,"Streets and Sidewalks", Article III, "Management of Public Rights-of-Way", regarding the use of thePublic Rights-of-Way within the City; and amending the Master Fee Schedule to provide for the adoptionof new fees related to the use of the Right-of-Way for the installation of Nodes and Node Support Poles.

ATTACHMENTS:Description

DescriptionOrdinance

ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 13 “STREETS AND SIDEWALKS,” ARTICLE III “MANAGEMENT OF PUBLIC RIGHTS-OF-WAY” REGARDING THE USE OF THE PUBLIC RIGHT-OF-WAYS WITHIN THE CITY; AMENDING THE MASTER FEE SCHEDULE TO PROVIDE FOR THE ADOPTION OF NEW FEES RELATED TO THE USE OF THE RIGHT-OF-WAY; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Allen, Texas, finds that the right-of-way, including but not limited to the streets, sidewalks and utilities located therein, are vital to the everyday life of its citizens, visitor and businesses; and, WHEREAS, the City of Allen is responsible for conserving the limited physical capacity of the public rights-of-way which are held in public trust by the City for the benefit of its citizens, visitors, and businesses; and, WHEREAS, the City’s Right-of-Way management ordinance is integral in managing facilities placed in, or over the public rights-of-way, and helps to minimize the congestion, inconvenience, visual impact and other adverse effects that can occur during construction in the rights-of-way, and to manage costs to the citizens resulting from the placement of facilities within the public rights-of-way; and to govern the use and occupancy of the public rights-of-way; and, WHEREAS, the City Council finds that it is in the best interest of the City to amend the City’s Right-of-Way management provisions, in order preserve and protect the health, safety and welfare of the City of Richardson, Texas and its citizens, visitors, travelers, and businesses, to preserve the physical integrity of the streets and highways; and to control the orderly flow of vehicles and pedestrians; and to keep track of the different entities using the rights-of-way to prevent interference between them; and to assist in scheduling common trenching and street cuts; and to protect the safety, security, appearance, and condition of the public rights-of-way; and, WHEREAS, the City Council, in the exercise of its legislative discretion, has concluded that the following amendments to the City’s Right-of-Way Management Ordinance and its Master Fee Schedule shall be approved in their entirety. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Allen, Texas, be and the same is hereby amended by amending Chapter 13 “Streets and Sidewalks” by amending Article III “Management of Public Rights-of-Way” to read as follows:

“ARTICLE III. Management of Public Rights-of-Way Sec. 13-21. - Definitions. For the purpose of this article, the following words shall be defined herein below: Certificated Telecommunications Provider or “CTP” means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of


operating authority by the Texas Public Utility Commission or “PUC” to offer local exchange telephone service or a person who provides voice service as defined by V.T.C.A., Local Government Code Ch. 283 or “the Act”. City means the City of Allen, Texas or its lawful successor, and its officers and employees. City manager shall mean city manager or designee. Construction means any work performed above the surface, on the surface or beneath the surface of a public right-of-way, including, but not limited to, installing, servicing, repairing, upgrading, or modifying any facility or facilities in, above or under the surface of the public right-of-way, and restoring the surface and subsurface of the public right-of-way, subject to the provisions of section 13-24(a). The phrase “construction” does not include the installation of facilities necessary to initiate service to a customer’s property, or the repair or maintenance of existing Owner facilities unless such installation, repair or maintenance requires the breaking of pavement, excavation or boring. Construction security means any of the following forms of security provided at the Owner's option:

(1) Individual project or performance bond; (2) Cash deposit; (3) Security of a form listed or approved under State of Texas Statutes; or (4) Letter of credit, in a form acceptable by City.

Construction permit or permit means the permit which, pursuant to this article, must be obtained before an Owner may construct facilities in a right-of-way. A construction permit allows the holder to construct facilities in that part of the right-of-way described in such permit. Department means the engineering department of the City. Director means the director of the engineering department of the City or his or her designee. Easement means and shall include any public easement or other compatible use created by dedication, or by other means, to the city for public utility purposes or any other purpose whatsoever. "Easement" shall include a private easement used for the provision of utilities Emergency means a condition that (1) poses a clear and immediate danger to life or health, or an immediate and significant loss of property; or (2) requires immediate repair or replacement of facilities in order to restore service to a customer. Facility or Facilities shall include, but not be limited to, any and all cables, pipelines, splice boxes, tracks, tunnels, utilities, vaults, poles, network nodes, related ground equipment, and other appurtenances or tangible things owned, leased, operated, or licensed by an Owner or Owners, that are located or are proposed to be located in the right-of-way. Location means the City approved and lawfully permitted location for the Facilities.


Municipal authorization means the individual grant to use the public rights-of-way issued by the City and accepted by the individual Owners in accordance with the ordinances of the City, a franchise agreement, a license, or under operation of state law which provides a specific grant of authority to use the rights-of-way. Network node means equipment at a fixed location that enables wireless communications between user equipment and a communication network. Network Provider means a wireless service provider, or a person that does not provide wireless services and that is not an electric utility but builds or installs, on behalf of a wireless service provider, network nodes or node support poles or any other structure that supports or is capable of supporting a network node. Owner means any person who owns any facility or facilities that are or are proposed to be installed or maintained in the public right-of-way. Included within this definition is the Owner's contractor, subcontractor, agent or authorized representative. Permit means a document issued by the City authorizing installation, removal, modification, and other work for Provider’s wireless facilities in accordance with the approved plans and specifications. Person means any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, excluding the City, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. Restore or restoration means the process by which a right-of-way is returned to a condition that is equal to or better than the condition that existed before construction. Right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the City has an interest. The term does not include:

(A) a private easement; or (B) the airwaves above a public right-of-way with regard to wireless telecommunications.

Service pole means a pole, other than a City owned utility pole, owned or operated by the City and located in a public right-of-way, including:

(A) a pole that supports traffic control functions; (B) a structure for signage; (C) a pole that supports lighting, other than a decorative pole; and (D) a pole or similar structure owned or operated by the City and supporting only network nodes.

Transport Facility means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes.


Wireless service means any service using licensed or unlicensed wireless spectrum, including the use of wi-fi, whether at a fixed location or mobile, provided to the public using a network node. Wireless service provider means a person that provides wireless services to the public. Sec. 13-22. - Right-of-way occupancy. (a) Municipal Authorization or Agreement shall be required, except when clearly preempted by

state law. Any person prior to constructing facilities in, on, or over the right-of-way, must first obtain separate municipal authorization.

(b) This article does not constitute or create authority to place, reconstruct, or alter facilities in, on

or over the rights-of-way nor to engage in construction, excavation, encroachments, or work activity within or upon any public right-of-way, and said authority must be obtained in accordance with the terms of this article.

(c) Any person with a current, unexpired franchise, municipal authorization, license or other

authorization from the City (grant) or state to use the public right-of-way that is in effect at the time this article takes effect, shall continue to operate under and comply with that grant, and in the event this ordinance conflicts with existing authorization, the more restrictive provision shall apply.

(d) No facility shall be placed in, on, or over the right-of-way area occupied by North Texas

Municipal Water District easement, within the FM 2551/Angel Parkway Public right-of-way from Main Street to the City of Allen southern City limit line.

(e) Use of the city’s right-of-way, by any individual or entity, is non-exclusive and subject to the

applicable police powers of the City and state law, as amended. Sec. 13-23. - Registration. (a) In order to protect the public health, safety and welfare, all Owners of facilities in the right-of-

way will register with the City. Registration and permits will be issued in the name of the person who will own the facilities. Registration must be renewed on or before January 31 of each year. The City shall provide written notification of this renewal requirement. If a registration is not renewed, and subject to sixty (60) calendar days notification to the Owner, the facilities of the user will be deemed to have been abandoned. When any information provided for the registration changes, the Owner will inform the City of the change no more than thirty (30) days after the date the change is made. Registration shall include:

(1) The name, address(es) and telephone number(s) of the Owner; (2) The names, address(es) and telephone number(s) of the contact person(s) for the

Owner; (3) The name(s), address(es) and telephone number(s) of any contractor(s) or

subcontractor(s) who will be working in the right-of-way on behalf of the Owner. If


the names of contractors and subcontractors are not available at the time of permit application, they must be submitted to the City prior to permit issuance;

(4) The name(s) and telephone number(s) of an emergency contact who shall be available

twenty-four (24) hours a day; (5) The source of the Owner's municipal authorization (e.g., franchise, state law, etc.). If

the Owner is a certificated telecommunications provider, the certificate number issued by the Texas Public Utility Commission;

(6) Registration shall be a prerequisite to issuance of a construction permit. Each Owner shall update and keep current its registration with the City at all times.

Sec. 13-24. - Construction permits. (a) General.

(1) An Owner shall not install, modify, or relocate a Facility within the public right-of-way without first obtaining a Right-of-Way Permit from the City.

(2) Emergency responses related to existing facilities may be undertaken without first

obtaining a permit; however, the department shall be notified in writing within two (2) business days of any construction related to an emergency response; including a reasonably detailed description of the work performed in the right-of-way. An updated map of any facilities that were relocated, if applicable, shall be provided within ninety (90) days.

(3) A permit is not required under subsection (1) if the activity in the public right-of-way

consists exclusively of:

a. A residential service connection on the same side of the public right-of-way, if the connection does not require a pavement cut; or

b. The replacement of an existing, single-damaged Owner facility that does not

require boring.

(4) Unless approved by the City engineer, the Owner or contractor shall not close any traffic lanes or otherwise impede traffic on major thoroughfares weekdays prior to 9:00 a.m. or after 3:30 p.m. Any closure of a traffic lane for more than four hours shall also require a permit, unless waived by the director.

(5) All construction and installation in the right-of-way shall be in accordance with the

permit for the facilities. The director shall be provided access to the work and to such further information as he or she may reasonably require to ensure compliance with the permit.

(6) A copy of the construction permit and approved engineering plans shall be maintained

at the construction site and made available for inspection by the director at all times when construction work is occurring.


(7) No Owner or contractor shall perform construction, excavation, or work in an area larger or at a location different than that specified in the permit or permit application. If, after construction, excavation, or work has commenced under an approved permit, it becomes necessary to perform construction, excavation, or work in a larger or different area than originally requested under the application, the Owner or contractor shall notify the director immediately and, within twenty-four (24) hours, shall file a supplementary application for the additional construction, excavation, or work.

(8) A copy of any permit or approval issued by federal or state authorities for work in

federal or state right-of-way located in the City of Allen shall be provided, if requested by the director.

(b) Permit application.

(1) The permit shall state to whom it is issued, location of work, location of facilities, dates and times work is to take place and any other conditions set out by the director. If the Owner fails to act upon any permit within ninety (90) calendar days of issuance, Owner may request an extension of the time period from the director. The director will use his/her best efforts to approve or disapprove a request for extension as soon as possible. No permit shall be transferable.

(2) The permit will be in the name of the person who will own the facilities to be

constructed. The permit application must be completed and signed by a representative of the Owner of the facilities to be constructed or authorized Owner contractor.

(3) Prior to requesting a permit, the City Engineering Department shall be contacted to

obtain record drawings and City utility mapping to include existing City utilities in design plans.

(4) Any person requesting a permit will provide the director with documentation in the

format specified by the department, at the time of permit submittal, describing:

a. The proposed location and route of all facilities to be constructed or installed and the Owner's plan for right-of-way construction.

b. One (1) set of engineering plans, including plan and profile, which will be on a

reasonable scale, acceptable to the department, unless waived by the director. When required by the Texas Engineering Practice Act, as amended, the plans must be sealed by a professional engineer licensed to practice in the State of Texas.

c. Detail of the location of all right-of-way and utility easements that Owner plans

to use. d. Detail of existing utilities located in the right-of-way, including the City's

utilities, in relationship to Owner's proposed route. e. Detail of what Owner proposes to construct including size of facilities,

materials used, such as pipe size, number of ducts, valves, etc. f. Detail of


plans to remove and replace asphalt or concrete in streets in accordance with current City standard specifications and details for restoration within public rights-of-way.

g. Drawings of any bores, trenches, handholes, manholes, switch gear,

transformers, pedestals, etc., including depth located in public right-of-way. h. Typical details of manholes and/or handholes Owner plans to use or access. i. Complete legend of drawings submitted by Owner, which may be provided by

reference to previously submitted documents acceptable to the City. j. The construction methods to be employed for the protection of existing

structures, fixtures, and facilities within or adjacent to the right-of-way, and the dates and times work will occur, all of which (methods, dates, times, etc.) are subject to approval of the director.

k. Proof of insurance and bonds as required by section 13-35.

(5) A request for a permit must be submitted at least fifteen (15) business days before the proposed commencement of work identified in the request, unless waived by the director.

(6) Requests for permits will be approved or disapproved by the director within a

reasonable time of receiving all the necessary information. The director will use his/her best efforts to approve or disapprove a request for permit as soon as possible. The director will consider all information submitted by the applicant including a review of the availability of space in the right-of-way based on the applicant's proposed route and location. The director will provide a written notification of denial for rejected permits.

(7) The construction contractor must be available for a pre-construction meeting if

requested by the director or the Owner, prior to commencement of permit work activities.

Sec. 13-25. - Construction standards. (a) Owner shall, at its own cost and expense, install the Facilities in a good and workmanlike

manner and in accordance with the requirements promulgated by the city manager, as such may be amended from time to time. Owner’s work shall be subject to the regulation, control and direction of the city manager. All work done in connection with the installation, operation, maintenance, repair, modification, and/or replacement of the Facilities shall be in compliance with all applicable laws, ordinances, codes, rules and regulations of the City, applicable county, the state, and the United States (“Laws”).

(b) The department must be notified a minimum of two (2) business days in advance that

construction is ready to proceed by either the Owner, its contractor or representative. At the time of notification, the Owner will inform the department of the name, address and phone numbers of the contractor or subcontractor who will perform the project construction, including the name and telephone number of an individual with the contractor who will be


available at all times during construction. Such information shall be required prior to the commencement of any work.

(c) Public notification of work to be performed.

(1) For any closure of a traffic lane or blocking of a sidewalk or alley lasting six (6) days or less, the permittee shall conspicuously mark its vehicles with the Owner’s name and the permittee's name and telephone number.

(2) For projects scheduled to last seven (7) calendar days or more, a three (3) foot by three

(3) foot informational sign stating the identity of the person doing the work, a local telephone number and Owner's identity shall be placed at the location where construction is to occur forty-eight (48) hours prior to the beginning of work in the right-of-way and shall continue to be posted at the location during the entire time the work is occurring. The informational sign will be posted for public viewing on public right-of-way one hundred (100) feet away from the construction location, unless other posting arrangements are approved or required by the director.

(3) When projects last seven (7) calendar days or more, the Owner shall also provide

written notification to all adjacent property occupants forty-eight (48) hours prior to the beginning of construction. Informational fliers shall include the contractor’s name performing the work, a local telephone number, Owner's identity, specific restoration intentions, and proposed schedule.

(d) Erosion control measures (e.g. silt fence) and advance warning signs, markers, cones and

barricades must be in place before work begins. (e) Lane closures on major thoroughfares will be limited to one (1) lane between 9:00 a.m. and

3:30 p.m. unless the director grants prior approval. Arrow boards will be required for lane closures on all arterials and collectors, with all barricades, advanced warning signs and thirty-six (36) inch reflector cones placed. All traffic control shall be installed in accordance with the Texas Manual on Uniform Traffic Control Devices, current edition.

(f) Without affecting the legal relationship between the owner and their contractor, Owners are

responsible for the workmanship of, and any damages by, their contractors or subcontractors. A responsible representative of the Owner will be available to the department at all times during construction.

(g) Owner shall be responsible for storm water management, erosion control and excavation safety

measures that comply with City, state and federal guidelines. Requirements shall include, but not be limited to, construction fencing around any excavation, silt fencing in erosion areas until permanent groundcover established, barricade fencing around open holes, and wire backed silt fencing for high soil erosion areas. Upon request, Owner may be required to furnish documentation submitted or received from the federal or state government.

(h) Owner or contractor or subcontractor will notify the department immediately of any damage

to other utilities, either City or privately owned in addition to other notifications required by law.


(i) It is the City's policy not to cut streets or sidewalks; however, except in case of emergency when a street or sidewalk cut is required, prior approval must be obtained from the department and all requirements of the department shall be followed in all street and sidewalk cuts. Repair of all street and sidewalk removals must be made promptly to avoid safety hazards to vehicle and pedestrian traffic, and shall be in accordance with City of Allen standard construction details.

(j) Installation of facilities must not interfere with City utilities, in particular gravity dependent

facilities. Facilities shall not be located over, or within three (3) feet, horizontally or vertically, of any water or sanitary sewer mains, or five (5) feet horizontally and vertically for water lines over 12” diameter in size, unless approved by the director. Conduit facilities must cross existing City utilities at ninety (90) degree angles, unless approved by the director.

(k) New facilities must be installed to a minimum depth required by state and federal codes and

standards. (l) All directional boring shall have a locator place bore marks and depths while the boring activity

is in progress. Locator shall place a mark at each stem with a paint dot and depth at least every other stem.

(m) In the City, the public infrastructure must be maintained and protected by all Owners and

contractors. The public health, safety and welfare is at risk when damages to water and sewer mains occur. To protect the water and sewer system, no person, agency, or contractor will be allowed to directionally bore longitudinally with water mains and sewer mains that are twelve (12) inches or larger, unless this requirement is waived in writing by the director. The installation of facilities in the public rights-of-way or easements will be installed by open excavation to assure the protection of the City's water and sewer system. The Owner is responsible for obtaining and using available City record drawings and mapping information in the design of new facilities.

(n) When boring near water lines larger than twelve (inches), City representative must be onsite. (o) The working hours in the rights-of-way are 7:00 a.m. to 8:00 p.m., Monday through Friday,

unless otherwise approved by director. Any work performed on Saturday must be approved by the director by 9:00 a.m. on the Thursday prior to the proposed Saturday. No work will be done, except for emergencies, on Sundays or City holidays. No boring activities near City facilities shall begin after noon on Fridays or day prior to holiday.

(p) Persons working in the right-of-way are responsible for obtaining line locates from all affected

utilities or others with facilities in the right-of-way prior to any excavation. Use of a geographic information system or the plans of records does not satisfy this requirement.

(q) Owner will be responsible for verifying the location, both horizontal and vertical, of all

facilities. When required by the department, Owner shall verify locations by pot holing, hand digging or other method approved by the department prior to any excavation or boring. City representative must be present when pot holing water lines larger than twelve (12) inches.


(r) Placement of all manholes and/or handholes must be approved in advance of construction by the department. Handholes or manholes will not be located in sidewalks, leadwalks or paved roadways, unless approved by the director.

(s) Locate flags shall not be removed from a construction area while facilities are being constructed.

(t) When construction requires pumping of water or mud, the water or mud shall be contained in accordance with federal and state law and the directives of the department.

(u) A person shall perform operations, excavations and other construction in the public rights-of-

way in accordance with all applicable City requirements, including the obligation to use trenchless technology whenever commercially economical and practical and consistent with obligations on other similar users of the public right-of-way. The City shall waive the requirements of trenchless technology if it determines that field conditions warrant the waiver, based upon information provided to the City by the Owner or their representative. All excavations and other construction in the public rights-of-way shall be conducted so as to minimize interference with the use of public and private property. A person shall follow all reasonable construction directions given by the City in order to minimize any such interference.

(v) All construction shall conform to the City of Allen tree preservation ordinance. (w) On construction projects in which excavation will exceed a depth of five (5) feet, the Owner,

contractor or representative thereof must provide a trench safety plan and affidavit of competent person to the City. The term "excavation" includes trenches, structural or any construction that has earthen excavation subject to collapse. The excavation safety plan shall be designed in conformance with state law and Occupational Safety and Health Administration (OSHA) standards and regulations.

(x) All Network Providers constructing wireless network nodes in the City’s right-of-way must

comply with the City’s Design Manual for the Installation of Network Nodes and Node Support Poles, as amended.

Sec. 13-26. – Record drawing plans. (a) Owner shall maintain accurate maps and other appropriate records of its Owner facilities as

they are actually constructed in the Rights-of-Way, including, upon request, the use of Auto CAD/GIS digital format. Owner will provide additional maps to the City upon request.

(b) If record drawing plans submitted under this section include information expressly designated

by the Owner as a trade secret or other confidential information protected from disclosure by state law, the director may not disclose that information to the public without the consent of the Owner, unless otherwise compelled by an opinion of the attorney general pursuant to the Texas Public Information Act, V.T.C.A., Government Code ch. 552, as amended, or by a court having jurisdiction of the matter pursuant to applicable law. This subsection may not be construed to authorize an Owner to designate all matters in its as-built plans as confidential or as trade secrets.

Sec. 13-27. - Conformance with public improvements.


(a) Whenever by reasons of widening or straightening of streets, sidewalks, water or sewer line projects, or any other City project, it shall be deemed necessary by the governing body of the City to remove, alter, change, adapt, or conform an Owner's underground or overhead facilities within the right-of-way to another part of the right-of-way, such alterations shall be made by the Owner of the facilities at the Owner's expense (unless provided otherwise by state law, a franchise, a license or a municipal authorization until that grant expires or is otherwise terminated). The Owner shall be responsible for conforming their facilities within mutually agreed upon time limits. The Owner must reply within five (5) days of receipt of notification from the City of need to relocate to agree to the date of notification offered by the City, or to propose an alternate date; if no response is received it will be presumed that Owner agrees to the City’s relocation date. If no time limits can be agreed upon, the time limit shall be ninety (90) days from the day the City secures any additional right-of-way or transmits construction drawings and notice by email to make the alterations by a specified date. The Owner of facilities shall be responsible for any direct costs associated with project delays associated with failure to conform facilities within the mutually agreed upon time limits. Reimbursement for all costs provided for by this paragraph shall be made within thirty (30) calendar days.

(b) An Owner may trim trees in or over the public rights-of-way for the safe and reliable operation,

use and maintenance of its facilities. All tree trimming shall be performed in accordance with standards promulgated by the national arborist association and the International Society of Arboriculture. Should the Owner, its contractor or agent, fail to remove such trimmings within twenty-four (24) hours, the City may remove the trimmings or have them removed, and upon receipt of a bill from the City, the Owner shall promptly reimburse the City for all costs incurred within thirty (30) calendar days.

(c) An Owner shall temporarily remove, raise or lower its aerial facilities to permit the moving of

houses or other structures. The Owner shall temporarily remove, raise or lower its aerial facilities within fifteen (15) working days of receiving a copy of a permit issued by the City. The expense of these temporary rearrangements shall be paid by the party or parties requesting and benefiting from the temporary rearrangements. The Owner may require prepayment or prior posting of a bond from the party requesting the temporary move.

(d) Owner shall repair any damage to the public right-of-way and the property of any third party

resulting from Owner’s removal or relocation activities or any other of Owner’s activities within ten (10) days following the date of such removal, relocation, or activity, at Owner’s sole cost and expense, including restoration of the public right-of-way and such other property to substantially the same condition as it was immediately before the date Owner was granted a permit for the applicable location, including restoration or replacement of any damaged trees, shrubs, or other vegetation. Such repair, restoration and replacement shall be subject to the sole approval of the City.

Sec. 13-28. - Improperly installed facilities. (a) Any Owner doing work in the City right-of-way shall properly install, repair, upgrade and

maintain facilities. (b) Facilities shall be considered to be improperly installed, repaired, upgraded or maintained if:

(1) The installation, repair, upgrade or maintenance endangers people or property;


(2) The facilities do not meet applicable City codes; (3) The facilities are not capable of being located using standard practices; (4) The facilities are not located in the proper place at the time of construction in

accordance with the directions provided by the department or the plans approved by the department.

Sec. 13-29. - Utility structures. (a) Utility structures not exceeding twenty (20) cubic feet are allowed in the right-of-way or utility

easements, subject to available room and located as approved by the director. The placement of utility structures larger than twenty (20) cubic feet, but not exceeding thirty (30) cubic feet will be reviewed on a case by case basis by the director. Such structures shall not encroach within a sidewalk area, including a vertical clearance of ten (10) feet above the sidewalk, or within any existing or proposed City site visibility triangles.

(b) Utility structures larger than thirty (30) cubic feet shall be located as close as practical to the

back of a public or private utility easement and subject to available room and located as approved by the director.

(c) Above-ground facilities such as pedestals, switching boxes and similar facilities shall be

located no less than three (3) feet from the edge of an alley or the back of street curbs and such that they do not create a physical or visual barrier to vehicles leaving or entering roads, driveway or alleys. They shall also not be located in front of residential lots creating an unreasonable visual or aesthetic impairment for the property Owner.

(d) The Owner's identity and telephone number shall be placed on all utility structures placed in

the rights-of-way. (e) In order to minimize negative visual impact to the surrounding area and to enhance the safety

requirements of line of sight of pedestrians, particularly small children, the City’s designee may deny a request for a proposed Location if the Owner installs Facility ground equipment where existing ground equipment within 300 feet already occupies a footprint of 15 sq. ft. or more.

(f) Colors in Historic Districts and Design Districts must be approved by the city manager from a

palette of approved colors. Unless otherwise provided, all colors shall be earth tones or shall match the background of any structure the Facilities are located upon and all efforts shall be made for the colors to be inconspicuous. Colors in areas other than in Historic Districts and Design Districts shall conform to colors of other installations of telecommunication providers in the immediately adjacent areas.

(g) The Owner facilities shall be concealed or enclosed as much as possible in an equipment box,

cabinet, or other unit that may include ventilation openings. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized to the extent possible.


(h) Electrical meters shall not be mounted on a service pole, decorative pole or other City-owned or -controlled structure. Standalone electrical meters shall be located on or within a pad-mounted pedestal enclosure that is powder coated dark bronze. Owner shall provide a key (#2195) to each meter upon inspection by City. All electrical meters serving network nodes must display the Owner’s name and contact information.

Sec. 13-30. - Restoration of property. (a) Owners shall restore property affected by construction of facilities to a condition that is equal

to or better than the condition of the property prior to the performance of the work. Owners shall submit photographs and/or a video of the construction area at the time of the issuance of the permit. Restoration must be approved by the department.

(b) Restoration must be made within ten (10) working days of completion of trench backfill for a

length of three hundred (300) feet, or within the limits of one City block, unless otherwise approved by the director. If restoration is not satisfactory and performed in a timely manner, after written notice all work in progress, except that related to the problem, including all work previously permitted but not complete, may be halted and a hold may be placed on any future permits until all restoration is complete.

(c) Upon failure of an Owner to perform such restoration, and five (5) days after written notice

has been given to the Owner by the City, and in the event restoration has not been initiated during such five-day period, the City may repair or cause to be repaired such portion of the public rights-of-way as may have been disturbed by the Owner, its contractors or agents. Upon receipt of an invoice from the City, the Owner will reimburse the City for the costs so incurred within thirty (30) calendar days from the date of the City invoice.

(d) If the City determines that the failure of an Owner to properly repair or restore the public rights-

of-way constitutes a safety hazard to the public, the City may undertake emergency repairs and restoration efforts, after emergency notice has been provided, to the extent reasonable under the circumstances. Upon receipt of an invoice from the City, the Owner shall promptly reimburse the City for the costs incurred by the City within thirty (30) calendar days from the date of the City invoice. If payment is not received within the thirty (30) calendar days, the City shall initiate a claim for compensation with the appropriate bonding company.

(e) Should the City reasonably determine, within two (2) years from the date of the completion of

the repair work, that the surface, base, irrigation system or landscape treatment requires additional restoration work to meet the standards of subsection (a), an Owner shall perform such additional restoration work to the satisfaction of the City, subject to all City remedies as provided herein.

(f) Restoration must be performed to the reasonable satisfaction of the department. The restoration

shall include, but not be limited to:

(1) Replacing all ground cover with the same type of ground cover damaged during work to a condition equal to or better than existing either by sodding or seeding, or as directed by the department;

(2) Adjusting of all manholes and handholes, as required;


(3) Backfilling all bore pits, potholes, trenches or any other holes, including compaction to a density of 90% standard proctor, shall be completed daily, unless other safety requirements are approved by the department. Holes with only vertical walls shall be covered and secured to prevent entry. If bore pits, trenches or other holes are left open for the continuation of work, they shall be fenced and barricaded to secure the work site as approved by the department;

(4) Leveling of all trenches and equipment tread impressions into the earth; (5) Restoration of excavation site to City specifications; (6) Restoration of all disturbed areas, including but not limited to paving, sidewalks,

landscaping, ground cover, trees, shrubs and irrigation systems.

(g) Removal of all locate flags during the clean up process by the Owner or his/her contractor at the completion of the work. Locate paint markings shall be removed upon request.

Sec. 13-31. - Revocation or denial of permit. If any of the provisions of this ordinance are not followed, a permit may be revoked by the director or designee. If an Owner, contractor or representative has not followed the terms and conditions of this article for work done pursuant to a prior permit, new permits may be denied or additional terms required. Revocation shall be effective upon the expiration of fifteen (15) days after written notice of the violation(s), unless cured during that period, except for violations which pose a threat to public safety or health, for which the revocation will be immediate upon delivery of written notice. Sec. 13-32. - Appeals. (a) Appeals may be filed pursuant to this section for decisions of the director related to the denial,

suspension, or revocation of a permit. However, the appeal process provided by this section shall not be available for criminal violations of this article.

(b) A permittee may appeal decisions referred to in Section 13-32, subsection (a) above by filing

a written appeal with the city manager within seven (7) working days of receipt of denial, suspension, or revocation of the permit. An appeal filed pursuant to this section shall specifically state the basis for the aggrieved party's challenge to the City's authority under this article.

(c) Decisions of the city manager shall be issued within five (5) working days of receipt of the

written appeal. Decisions of the city manager shall be final. Sec. 13-33. - Penalty for violation. Any person, firm or corporation violating any of the provisions or terms of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00) for each violation. Each day such violation shall continue to exist constitutes a separate offense.


Sec. 13-34. - Indemnity. (a) With the exception of CTPs and Network Providers, each Owner placing facilities in the public

rights-of-way shall promptly defend, indemnify and hold the City harmless from and against all damages, costs, losses or expenses:

(1) For the repair, replacement, or restoration of City's property, equipment, materials,

structures and facilities which are damaged, destroyed or found to be defective as a result of the Owner's acts or omissions,

(2) From and against any and all claims, demands, suits, causes of action, and judgements

for:

a. Damage to or loss of the property of any Owner (including, but not limited to the Owner, its agents, officers, employees and subcontractors, City's agents, officers and employees, and third parties); and/or

b. Death, bodily injury, illness, disease, loss of services, or loss of income or

wages to any Owner (including, but not limited to the agents) arising out of, incident to, concerning or resulting from the negligent or willful act or omissions of the Owner, its agents, employees, and/or subcontractors, in the performance of activities pursuant to this article.

(b) This indemnity provision shall not apply to any liability resulting from the negligent or willful

acts of the City, its officers, employees, agents, contractors, or subcontractors. (c) The provisions of this indemnity are solely for the benefit of the City and is not intended to

create or grant any rights, contractual or otherwise, to any other Owner or entity. Sec. 13-35. - Insurance requirements. (a) General.

(1) With the exception of CTPs, an Owner must provide acceptable proof of insurance in the total amount required by this section for permits for construction within public rights-of-way, or make other provisions acceptable to the director.

(2) The coverage must be on an "occurrence" basis and must include coverage for personal

injury, contractual liability, premises liability, medical damages, underground, explosion and collapse hazards.

(3) Each policy must include a cancellation provision in which the insurance company is

required to notify the City in writing not fewer than thirty (30) days before canceling, failing to renew, or reducing policy limits.

(4) The Owner shall file the required original certificate of insurance prior to the issuance

of a permit. The certificate shall state the policy number; name of the insurance company; name and address of the agent or authorized representative of the insurance


company; name, address and telephone number of insured; policy expiration date; and specific coverage amounts.

(5) Owner shall file an annual surety bond, which will be valid for one (1) full year, from

a surety company authorized to do business in the State of Texas in the amount equal to the estimated amount of the cost to restore the right-of-way for the work anticipated to be done in that year, in the event the Owner leaves a job site in the right-of-way unfinished, incomplete or unsafe. Owner may make other provisions, in lieu of a bond, as acceptable to the director. The director may waive the requirement if the Owner submits documentation, in a form acceptable to the City attorney, that demonstrates the Owner has assets in excess of ten million dollars ($10,000,000.00).

(6) Owner shall file a maintenance bond for twenty-five (25) percent of the cost of

restoring the right-of-way for the preceding year. Said bond shall be in force for two (2) years. Owner may make other provisions, in lieu of a bond, as acceptable to the director. The director may waive the requirement if the Owner submits documentation, in a form acceptable to the City attorney, that demonstrates the Owner has assets in excess of ten million dollars ($10,000,000.00).

(7) The above requirements (1—6) may be met by utilities with a current franchise, license

or municipal authorization if their current franchise, license or municipal authorization adequately provides for insurance or bonds or provides an indemnity in favor of the City.

(8) The City will accept certificates of self-insurance issued by the State of Texas or letters

written by the agency in those instances where the state does not issue such letters, which provide the same coverage as required herein. However, certificates of self-insurance must be approved in advance by the risk manager for the City.

(9) An insurer has no right of recovery against the City. The required insurance policies

shall protect the agency or public infrastructure contractor and include the City as an additional insured. The insurance shall be primary coverage for losses covered by the policies.

(10) Each policy must include a provision that requires the insurance company to notify the

City in writing at least thirty (30) days before canceling or failing to renew the policy or before reducing policy limits or coverages.

(b) Insurance requirements.

(1) Each Owner applying for a permit shall obtain, maintain, and provide proof of the each of the following types of insurance and coverage limits:

a. Commercial general liability on an occurrence form with minimum limits of

five million dollars ($5,000,000.00) per occurrence and ten million dollars ($10,000,000.00) aggregate. This coverage shall include the following: 1. Products/completed operations to be maintained for one (1) year; 2. Personal and advertising injury;


3. Owners and contractors protective liability; and 4. Explosion, collapse, or underground (XCU) hazards.

b. Automobile liability coverage with a minimum policy limits of one million dollars ($1,000,000.00) combined single limit. This coverage shall include all owned, hired and non-owned automobiles.

c. Workers compensation and employers liability coverage. Statutory coverage

limits for coverage A and five hundred thousand dollars ($500,000.00) coverage B employers liability is required.

(2) Each contractor and sub-contractor identified in a permit shall obtain, maintain, and

provide proof of insurance for the same types of insurance coverages outlined in Section 13-35 (b), subsection 1 above; however, the policy limits under the general liability insurance shall be one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate. All other coverages provisions outlined in subsection 1 above shall apply.

(3) An Owner or contractor that has registered under section 13-23 of this article and filed

proof of insurance is not required to furnish separate proof of insurance under this section when obtaining a permit but must comply with all other requirements of this section.

Section 13-36. – Courtesy and proper performance. Owner shall make citizen satisfaction a priority in using the Right-of-Way. Owner shall train its employees to be customer service-oriented and to positively and politely interact with citizens when dealing with issues pertaining to its Facilities in the Right-of-Way. Owner’s employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of interaction with the public. If, in the opinion of the city manager or designee, Owner is not interacting in a positive and polite manner with citizens, he or she shall request Owner to take all remedial steps to conform to these standards. Sec. 13.37. – Removal for safety and imminent danger reasons. (1) Owner shall, at its sole cost and expense, promptly disconnect, remove, or relocate the

applicable Facilities within the time frame and in the manner required by the city manager if the city manager reasonably determines that the disconnection, removal, or relocation of any part of a Facility (a) is necessary to protect the public health, safety, welfare, or City property, (b) the Facility, or portion thereof, is adversely affecting proper operation of streetlights or City property, or (c) Owner fails to obtain all applicable licenses, Permits, and certifications required by Law for its Facilities, or use of any Location under applicable law. If the city manager reasonably determines that there is imminent danger to the public, then the City may immediately disconnect, remove, or relocate the applicable Facilities at the Owner’s sole cost and expense.


(2) The city manager shall provide 90 days written notice to the Owner before removing a Facilities under this Section, unless there is imminent danger to the public health, safety, and welfare.

(3) Owner shall reimburse City for the City’s actual cost of removal of Facilities within 30 days

of receiving the invoice from the City. Sec. 13-38. – Graffiti abatement. As soon as practical, but not later than fourteen (14) calendar days from the date Owner receives notice thereof, Owner shall remove all graffiti on any of its facilities located in the Right-of-way. The foregoing shall not relieve the Owner from complying with any City graffiti or visual blight ordinance or regulation. Sec. 13-39. – Owner’s responsibility. Owner shall be responsible and liable for the acts and omissions of Owner’s employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, sub Owner’s and subcontractors in connection with the installations of any Facility, as if such acts or omissions were Owner’s acts or omissions Sec. 13.40. – Ownership. No part of a Facility placed on the Right-of-Way by Owner will become, or be considered by the City as being affixed to or a part of, the Right-of-Way. All portions of the Facilities constructed, modified, erected, or placed by Owner on the Right-of-Way will be and remain the property of Owner and may be removed by Owner at any time, provided the Owner shall notify the city manager prior to any work in the Right-of-Way. Sec. 13.41. – Drug Policy. It is the policy of the City to achieve a drug-free workforce and workplace. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by Owner’s employees, contractors, subcontractors, sub-Owner’s, or vendors while on City rights-of-way is prohibited. Sec. 13.42. - Certified Telecommunication Providers and Network Providers.

(a) Authority required/nonexclusive use. The right to use and occupy the public right-of-way shall not be exclusive, and the city shall have the right to exercise its police powers and manage its public right-of-way, based on all other state or federal laws.

(b) All CTPs must provide evidence that the CTP has acquired authorization from the PUCT pursuant to state law, prior to obtaining a permit to use public right-of-way. All Network Providers shall obtain a permit from the City for installation of Network Nodes in the public right-of-way. A CTP and network provider shall notify the right-of-way manager of any sale, transfer, merger or assignment of the ownership or control of a CTP’s or Network Provider’s business within 30 days of such sale, transfer, merger or assignment. A CTP or Network Provider shall also maintain and provide current point-of-contact information with the right-of-way manager at all times during which the CTP or Network Provider uses the right-of-way.


(c) Fees (1) CTPs and Network Providers are exempted from the following fees provided for in this article:

a. ROW Construction Permit application fee, including expedited application fee and permit expiration fee;

b. Additional permit fee; c. Registration fee.

(2) Network Provider Fees

a. Annual Network Node Rate. Network Providers shall pay the City an annual Network Node Rate for each Location for which Network Provider has obtained Permit(s) for the installation of Network Nodes, regardless of whether or not a Network Provider installs Network Nodes in the Public Right-of-Way. The amount of the Annual Network Rate shall be set in the City’s Master Fee Schedule. The annual Network Node Public Right-of-Way Rate payment for the first year at any Location (“Initial Annual Network Node Payment”) begins accruing when the permit is issued and is due 30 days after Network Provider obtains a Permit to install or colocate a Network Node at the Location. The Initial Annual Network Node Payment shall be pro-rated for the months remaining in the calendar year after the permit issuance date.

b. Subsequent Years Annual Network Node Rate Due Date. The annual Network

Node Public Right-of-Way Rate for every year after the Initial Annual Network Node Payment shall be paid in advance on or before December 31 of each calendar year for each Network Node in the Public Right-of-Way for the next calendar year period.

c. Annual Network Node Rate Adjustment. The City may adjust the annual

Network Node Public Right-of-Way Rate by an amount equal to one-half the annual change in the Consumer Price Index for All Urban Consumers for Texas, as published by the federal Bureau of Labor Statistics. The City shall provide written notice to each Network Provider of the new rate, and the rate shall apply to the first payment due to the municipality on or after the 60th day following that notice.

d. Annual Colocation on Service Pole Attachment fee. Network Provider shall pay

the City annually $20 for each Network Node Permitted to be Collocated on a City Service Pole for each Location for which Network Provider has obtained Permit(s) to collocate a Network Node on a Service Pole, regardless of whether or not a Network Provider collocates a Network Node on a Service Pole. This fee is due 30 days after Network Provider obtains a Permit to install or collocate a Network Node at the Location. The Initial Annual Collocation on Service Pole Attachment Fee Payment shall be pro-rated for the months remaining in the calendar year after the permit issuance date. The annual Collocation on Service


Pole attachment fee for every year after the Initial Payment shall be paid in advance on or before December 31 of each calendar year for each Network Node in the Public Right-of-Way for the next calendar year period.

e. Monthly Transport Fee. To the extent Network Provider has Transport

Facilities Permitted from the Network Nodes in the Public Right-of-Way it shall pay the City a monthly Transport Facilities fee on a quarterly basis, in the amount set in the City’s Master Fee Schedule, which begins accruing when the permit is issued. This Transport Facility fee is in addition to any annual Network Node Public Right-of-Way Rate payment required by Ch. 284, Section 284.053

f. Application and Permit Fees. Network provider shall pay the City the

application and permit fees set forth in the City’s Master Fee Schedule contemporaneously with the submittal of the application for the permits.

(d) Indemnity

A CTP and Network Provider shall indemnify the city as specified by V.T.C.A., Local Government Code sec. 283.057, as may be amended.

(e) Compliance with this Ordinance and the Design Manual

A network provider shall comply with the provisions of this Right-of-Way Management Ordinance as well as the city’s Design Manual for the Installation of Network Nodes and Node Support Poles, as amended.

(f) Certificates of Operation

(1) As part of the application process for the installation of network nodes, the Network Provider must certify that the proposed network node will be placed into active commercial service by or for a network provider no later than the 60th day after the date the construction and final testing of the network node is completed.

(2) An updated certification of active service must be submitted annually, by no later than

December 31st, with or prior to payment of the applicable annual fee(s). (3) If the Network Provider is not in active commercial service for a period in excess of sixty

(60) consecutive days, the equipment will be deemed abandoned and the permit will be revoked. The network provider will be required, within ninety (90) days from notification from the City, to remove the equipment at the network provider’s sole expense.

Secs. 13-43 – 13-50. – Reserved.” SECTION 2. The Master Fee Schedule for the City of Allen is hereby amended to reflect the adoption of new fees applicable to the use of the Right-of-Way, to read as follows:

Network Node Installation Type Permit Application Fee Network Node Rental Fee


Utility Pole (Non-City Owned) N/A N/A Transport Facility N/A $28 per Month per Node

Service Pole (City Owned) $500 for the first 5 Nodes; $250 for each additional

node; limit of 30 nodes total.

$250 per Year per Node (plus annually allowed CPI

adjustment)

Node Support Pole $1,000 per Pole $250 per Year per Node (plus

annually allowed CPI adjustment)

Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 3. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 4. Any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and publication of the caption as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 22ND DAY OF AUGUST 2017.


APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Shelley B. George, TRMC, CITY SECRETARY (aga:8/14/17:89119)



SUBJECT: Adopt an Ordinance Adopting the City of Allen DesignManual for the Installation of Nodes and NodeSupport Poles in the City Right-of-Way.

STAFF RESOURCE: Chris Flanigan, Director of Engineering

ACTION PROPOSED: Adopt an Ordinance Adopting the City of Allen DesignManual for the Installation of Nodes and NodeSupport Poles in the City Right-of-Way.

BACKGROUND

Senate Bill 1004 (SB 1004) allows the deployment of network nodes in the public right-of-way (ROW) and willbe enacted on September 1, 2017. While SB 1004 restricts the ability of cities to regulate the use of ROW forthese network node installations, it does allow for the adoption of a Design Manual that can be used to provideguidance to the providers on the technical criteria and details necessary for a proper installation. SB 1004 allows network node providers four options for installation within the public ROW, which aredescribed below:

1. On a "Utility Pole" - a non-City owned pole that provides electric distribution (i.e. CoServ or Oncorpower poles.)

2. Installed via a "Transport Facility" - a path within the ROW, extending with a physical line from a networknode directly to the network, for purposes of providing a backhaul for network nodes (i.e. a fiber linedirectly installed in the ground between network node and network tower.)

3. On a "Service Pole" - on a pole owned or operated by the City and in the public ROW (i.e. a signal pole,sign pole, a light pole, or similar structure owned or operated by the City.)

4. On a "Node Support Pole" - a pole installed by a network provider for the primary purpose of supportinga network node.

The new legislation allows the municipality to adopt a design manual that outlines the installation andconstruction details required to be followed by the network node provider as long as it does not conflict withany of the rules outlined in the legislation. The City of Allen's Network Node Design Manual provides technicalcriteria and details necessary for Providers seeking to install and construct network nodes and node supportpoles in the City's ROW. Some topics included within the manual are:

ROW permitting process and technical criteria for installation of a network node on a City Service Pole, aNode Support Pole and a Transport Facility.Order of preference of installation method.Electrical permitting process and technical criteria for power to all new network nodes.Required structural analysis by a Texas licensed Professional Engineer for all network nodes on CityService Poles.Size, placement, and aesthetic restrictions based on designated historic, design district, municipal parks or

Size, placement, and aesthetic restrictions based on designated historic, design district, municipal parks oradjacent residential areas as identified by the City Zoning Ordinance.Required equipment dimensions, signage, repair/maintenance procedures, GIS inventory information.Required coordination of traffic signal maintenance activities and emergency response.Required analysis and documentation that the network node will not interfere with the City'scommunications infrastructure.Abandonment, relocation and removal procedures.Required application fees and annual rental fees.

The design manual has been reviewed and approved by the City Attorney to verify that the City's specificrequirements are acceptable under the SB 1004 legislation.

BUDGETARY IMPACT

Below is a summary of the permit application fees and rental fees that the City will collect for network nodeinstallations with the adoption of the Network Node Design Manual and ROW Ordinance amendment.

Network NodeInstallation Type Permit Application Fee Network Node Rental Fee

Utility Pole (Non-City Owned) N/A N/ATransport Facility N/A $28 per Month per NodeService Pole (City Owned) $500 for the first 5 Nodes; $250

for each additional node; limit of30 nodes total.

$250 per Year per Node (plusannually allowed CPI adjustment)

Node Support Pole $1,000 per Pole $250 per Year per Node (plusannually allowed CPI adjustment)


Staff recommends that Council adopt an Ordinance adopting the City of Allen Design Manual for theInstallation of Nodes and Node Support Poles in the City Right-of-Way.

MOTION

I make a motion to adopt Ordinance No.____________ adopting the City of Allen Design Manual forthe Installation of Nodes and Node Support Poles in the City Right-of-Way.

ATTACHMENTS:DescriptionOrdinanceDesign Manual

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN

COUNTY, TEXAS, ADOPTING THE CITY OF ALLEN DESIGN MANUAL FOR THE

INSTALLATION OF NETWORK NODES AND NODE SUPPORT POLES

PURSUANT TO TEXAS LOCAL GOVERNMENT CODE CHAPTER 284;

DESIGNATING THE CITY’S CENTRAL BUSINESS DISTRICT AS A HISTORIC

DISTRICT; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE

FUTURE AMENDMENTS TO THE DESIGN MANUAL; AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO APPROVE COLLOCATION OF EQUIPMENT

ON CITY SERVICE POLES; PROVIDING A REPEALING CLAUSE; PROVIDING A

SEVERABILIITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Chapter 284 of the Local Government Code, effective September 1, 2017, provides a regulatory

framework governing the installation of Nodes and Node Support Poles in the City’s Right-of-Way; and,

WHEREAS, pursuant to Chapter 284, Network Providers installing wireless equipment in the City’s Right-of-

Way must comply with the Design Manual adopted by the City for that purpose; and,

WHEREAS, Chapter 284 authorizes the City to designate Design Districts and Historic Districts, wherein

heightened aesthetic requirements may be applied to such equipment; and,

WHEREAS, the City of Allen has determined that the Central Business District of the City shall be designated

as an historic district, for purposes of Chapter 284, in order to preserve the character and aesthetic qualities of

this area; and,

WHEREAS, the City Council, in the exercise of its legislative discretion, has concluded that the attached

Design Manual should be approved.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,

TEXAS, THAT:

SECTION 1. The following area of the City of Allen is hereby designated as a Historic District for the

installation of network nodes and node support poles, pursuant to Chapter 284 of the Local Government Code:

The areas designated on the City’s Zoning Map as the Central Business District with its boundaries defined in

the Comprehensive Plan, adopted by the Allen City Council.

SECTION 2. The Allen Design Manual for the Installation of Network Nodes and Node Support Poles,

attached hereto as Exhibit “A”, is hereby adopted. All Network Providers seeking to install wireless equipment

in the right-of-way of the City of Allen pursuant to Chapter 284 of the Local Government Code must comply

with this Design Manual.

SECTION 3. The City Manager, or designee, is hereby authorized to amend the Design Manual as he

determines necessary to reflect changed conditions.

SECTION 4. The City Manager, or designee, is hereby authorized to approve colocation of equipment on

City service poles, provided such installation is pursuant to a permit issued in accordance with the City’s Right-

of-Way Management ordinance, and the equipment is installed in accordance with the Design Manual, adopted

herein.


SECTION 5. All provisions of the ordinances of the City of Allen in conflict with the provisions of this

Ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Allen

not in conflict with the provisions of this Ordinance shall remain in full force and effect.

SECTION 6. If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be

judged to be invalid or unconstitutional by a court of competent jurisdiction, the same shall not affect the validity

of this Ordinance as a whole or any portion thereof other than the portion so decided to be invalid or

unconstitutional.

SECTION 7. This Ordinance shall take effect immediately from and after its passage and the publication of

the caption, as the law and charter in such case provide.

DULY PASSED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THIS THE 22ND

DAY OF AUGUST 2017.

APPROVED:

Stephen Terrell, MAYOR

APPROVED AS TO FORM: ATTEST:

Peter G. Smith, CITY ATTORNEY Shelley B. George, TRMC, CITY SECRETARY (aga:8/14/2017:89123)

EXHIBIT “A”

City of Allen

Design Manual

Design Manual

for the

Installation of Network Nodes and Node Support Poles

pursuant to Tex. Loc. Gov. Code, Chapter 284.

2

TABLE OF CONTENTS

SECTION I. PURPOSE AND APPLICABILITY. ............................................................. 1

SECTION II. DEFINITIONS. ....................................................................................... 2

SECTION III. PERMITTING. ....................................................................................... 7

SECTION IV. ELECTRICAL SUPPLY. .......................................................................... 10

SECTION V. NETWORK NODE AND NODE SUPPORT POLE REQUIREMENTS. ......... 10

SECTION VI. INSPECTIONS. .................................................................................... 12

SECTION VII. DESIGNATED AREAS. .......................................................................... 12

SECTION VIII. PLACEMENT OF NETWORK NODES AND NODE SUPPORT POLES. ...... 12

SECTION IX. ORDER OF LOCATION PREFERENCE. .................................................. 15

SECTION X. GROUND EQUIPMENT. ...................................................................... 15

SECTION XI. MUNICIPAL SERVICE POLES. .............................................................. 16

SECTION XII. INTERFERENCE WITH OPERATIONS .................................................... 17

SECTION XIII. ABANDONMENT, RELOCATION AND REMOVAL ................................. 18

SECTION XIV. INSURANCE ........................................................................................ 20

SECTION XV. GENERAL PROVISIONS ....................................................................... 20

SECTION XVI. RESERVED .......................................................................................... 22

SECTION XVII. DESIGN MANUAL – UPDATES ............................................................ 22

1

SECTION I. PURPOSE AND APPLICABILITY.

1.3 Purpose

The City of Allen (“City”) recognizes that the State of Texas has delegated to the City the

fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and

welfare of the public to Texas municipalities.

The standards and procedures provided in this Wireless Facilities Design Manual are adopted

to protect the health, safety, and welfare of the public by minimizing and reducing impacts to

public safety within the City’s public right-of-way and to minimize and reduce impacts to the

City, its residents, and visitors and to give assistance and guidance to wireless

telecommunications providers to assist providers in the timely, efficient, safe, and

aesthetically pleasing installation of technologically competitive equipment.

Due, in part, to the increasing number of facilities in the City’s Public right-of-way, the City

has adopted Chapter 13, Article III (Management of Public Rights-of-Way) of the Code of

Ordinances, which is applicable to all public service providers, including wireless service

providers or network providers (collectively, “Providers”) as defined by Chapter 284 of the

Texas Local Government Code.

In addition, the City has adopted this Wireless Facilities Design Manual to provide technical

criteria and details necessary for Providers seeking to install and construct network nodes and

node support poles in the City’s public right-of-way.

1.4 Applicability

Providers shall adhere to the requirements found in Chapter 13, Article III (Management of

Public Rights-of-Way) of the Code of Ordinances and this Wireless Facilities Design Manual for

the installation, operation, maintenance, repair, modification, and replacement of wireless

facilities within the City’s public right-of-way.

This Wireless Facilities Design Manual is for siting and criteria for the installation of wireless

facilities, including micro network nodes, network nodes, node support poles, and related

ground equipment, being installed pursuant to Chapter 284 of the Texas Local Government

Code. This Wireless Facilities Design Manual shall apply to any sitings, installations,

colocations in, on, over or under the public rights-of-way of such wireless facilities, whether

they are installed pursuant to Chapter 284, or installed pursuant to an agreement with the

City in its discretion, or installed as may otherwise be allowed by state law.

To the extent that the provisions of Chapter 284 of the Texas Local Government Code;

Chapter 13, Article III (Management of Public Rights-of-Way) of the Code of Ordinances; or

other applicable laws, ordinances, codes, rules and regulations of the City are in conflict with

provisions of this Wireless Facilities Design Manual or each other, the provisions of Chapter

2

284 of the Texas Local Government Code; this Wireless Facilities Design Manual; Chapter 13,

Article III (Management of Public Rights-of-Way) of the Code of Ordinances; or other

applicable laws, ordinances, codes, rules and regulations of the City shall prevail and control

with regard to a Provider in that order.

SECTION II. DEFINITIONS.

The definitions as used in Tx. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in this

Design Manual, unless otherwise noted in this Section 2, below.

Abandon and its derivatives means the facilities installed in the right-of-way (including by way of

example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network nodes and

node support poles, or portion thereof) that have been left by Provider in an unused or non-

functioning condition for more than 120 consecutive calendar days unless, after notice to

Provider, Provider has established to the reasonable satisfaction of the City that the applicable

facilities, or portion thereof, is still in active use.

Antenna means communications equipment that transmits or receives electromagnetic radio

frequency signals used in the provision of wireless services.

Applicable codes means:

(A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a

recognized national code organization; and

(B) local amendments to those codes to the extent not inconsistent with Chapter 284.

City means the City of Allen, Texas or its lawful successor, and its officers and employees.

City Manager shall mean City Manager or designee.

Chapter 284 means Tex. Loc. Gov. Code, Chapter 284, as it exists or may be amended.

Colocate and Colocation mean the installation, mounting, maintenance, modification, operation,

or replacement of network nodes in a public right-of-way on or adjacent to a pole.

Concealment or Camouflaged means any Wireless Facility or Pole that is covered, blended,

painted, disguised, camouflaged or otherwise concealed such that the Wireless Facility blends

into the surrounding environment and is visually unobtrusive as allowed as a condition for City

advance approval under Chapter 284, Sec. 284.105 in Historic or Design Districts. A Concealed or

Camouflaged Wireless Facility or Pole also includes any Wireless Facility or Pole conforming to

the surrounding area in which the Wireless Facility or Pole is located and may include, but is not

limited to any wireless facility or pole hidden beneath a façade, blended with surrounding area

design, painted to match the supporting area, or disguised with artificial tree branches.

3

Decorative pole means a streetlight pole specially designed and placed for aesthetic purposes

and on which no appurtenances or attachments, other than specially designed informational,

regulatory, or directional signage or temporary holiday or special event attachments, have been

placed or are permitted to be placed according to nondiscriminatory City laws, ordinances, codes,

rules, or regulations.

Design District means an area that is zoned, or otherwise designated by City ordinance, and for

which the City maintains and enforces unique design and aesthetic standards on a uniform and

nondiscriminatory basis.

Disaster emergency or disaster or emergency means an imminent, impending, or actual natural

or humanly induced situation wherein the health, safety, or welfare of the residents of the city is

threatened, and includes, but is not limited to any declaration of emergency by city state or

federal governmental authorities.

Distributed Antenna System or DAS shall be included as a type of “Network Node.”

Easement means and shall include any public easement or other compatible use created by

dedication, or by other means, to the city for public utility purposes or any other purpose

whatsoever. "Easement" shall include a private easement used for the provision of utilities.

Federal Communications Commission or FCC means the Federal Administrative Agency, or lawful

successor, authorized to oversee cable television and other multi-channel regulation on a

national level.

Highway right-of-way means right-of-way adjacent to a state or federal highway.

Historic district means an area that is zoned or otherwise designated as a historic district under

City, state, or federal law.

Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or

ordinance.

Local means within the geographical boundaries of the City.

Location means the City approved and lawfully permitted location for the Network Node or other

wireless facilities.

Macro tower means a guyed or self-supported pole or monopole greater than the height

parameters prescribed by Chapter 284, Section 284.103 and that supports or is capable of

supporting antennas.

Mayor means the Mayor for the City.

4

Micro network node means a network node that is not larger in dimension than 24 inches in

length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not

longer than 11 inches.

Municipal park means the various properties under the direction, control, or supervision of the

Director of the City’s Park and Recreation Department pursuant to authority granted by the City

Council and the City Charter or City ordinances or resolutions.

Municipally owned utility pole means a utility pole owned or operated by a municipally owned

utility, as defined by Section 11.003, Utilities Code, and located in a public right-of-way.

MUTCD means Manual of Uniform Traffic Control Devices.

Network node means equipment at a fixed location that enables wireless communications

between user equipment and a communications network. The term:

(A) includes:

(i) equipment associated with wireless communications;

(ii) a radio transceiver, an antenna, a battery-only backup power supply, and

comparable equipment, regardless of technological configuration; and

(iii) coaxial or fiber-optic cable that is immediately adjacent to and directly associated

with a particular colocation; and

(B) does not include:

(I) an electric generator;

(ii) a pole; or

(iii) a macro tower.

Network provider means:

(A) a wireless service provider; or

(B) a person that does not provide wireless services and that is not an electric utility but

builds or installs on behalf of a wireless service provider:

(i) network nodes; or

(ii) node support poles or any other structure that supports or is capable of

supporting a network node.

Node support pole means a pole installed by a network provider for the primary purpose of

supporting a network node.

Permit means a document issued by the City authorizing installation, removal, modification, and

other work for Provider’s wireless facilities in accordance with the approved plans and

specifications.

Pole means a service pole, City owned utility pole, node support pole, or utility pole.

5

Private easement means an easement or other real property right that is only for the benefit of

the grantor and grantee and their successors and assigns.

Provider has the same meaning as “Network Provider.”

Public right-of-way means the area on, below, or above a public roadway, highway, street, public

sidewalk, alley, waterway, or utility easement in which the City has an interest. The term does

not include:

(A) a private easement; or

(B) the airwaves above a public right-of-way regarding wireless telecommunications.

Public right-of-way management ordinance means an ordinance that complies with Chapter

284, Subchapter C.

Service pole means a pole, other than a City owned utility pole, owned or operated by the City

and located in a public right-of-way, including:

(A) a pole that supports traffic control functions;

(B) a structure for signage;

(C) a pole that supports lighting, other than a decorative pole; and

(D) a pole or similar structure owned or operated by the City and supporting only

network nodes.

Small cell shall be included as a type of “Network Node.”

Stealth has the same meaning as “concealment.”

Substitution pole shall mean a pole that is installed that will replace an existing municipal or utility

pole that serve the original intended purpose and support the new network node. A Provider may

elect to remove an existing pole, replace it with a similar pole (with some modification) that serves

as a new network node in addition to serving the original purpose.

Street means only the paved portion of the right-of-way used for vehicular travel, being the area

between the inside of the curb to the inside of the opposite curb, or the area between the two

parallel edges of the paved roadway for vehicular travel where there is no curb. A “Street” is

generally part of, but smaller in width than the width of the entire right-of-way, while a right-of-

way may include sidewalks and utility easements, a “Street” does not. A “street” does not include

the curb or the sidewalk, if either are present at the time of a permit application or if added later.

SWPPP shall mean Storm Water Pollution Prevention Plan.

TAS means Texas Accessibility Standards.

Traffic Signal means any device, whether manually, electrically, or mechanically operated by

which traffic is alternately directed to stop, to slow down or alter current speed, and to proceed.

6

Transport facility means each transmission path physically within a public right-of-way,

extending with a physical line from a network node directly to the network, for the purpose of

providing backhaul for network nodes.

Underground Requirement Area shall mean an area where poles, overhead wires, and associated

overhead or above ground structures have been removed and buried or have been approved for

burial underground pursuant to City ordinances, zoning regulations, state law, private deed

restrictions, and other public or private restrictions, that prohibit installing aboveground

structures in a public right-of-way.

User means a person or organization which conducts a business over facilities occupying the

whole or a part of a public street or right-of-way, depending on the context.

Utility pole means a pole that provides:

(A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or

(B) services of a telecommunications provider, as defined by Chapter 284, Section 51.002,

Utilities Code.

Wireless service means any service, using licensed or unlicensed wireless spectrum, including the

use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node.

Wireless service provider means a person that provides wireless service to the public.

Wireless facilities mean “Micro Network Nodes,” “Network Nodes,” and “Node Support Poles” as

defined in Texas Local Government Code Chapter 284.

7

SECTION III. PERMITTING.

3.1 General Requirements and Information

A Provider shall not install, modify, or relocate a network node or install, modify, or relocate a

node support pole within the public right-of-way without first obtaining a Right-of-Way

Permit from the City. Prior to installation, modification, or relocation of a network node or

installation, modification, or relocation of a node support pole, Provider shall complete and

submit to the City a Commercial Building (Electrical) Permit application and a Right-of-Way

Permit application in the form provided by the City, along with standard required documents

and the following items:

A. Payment. Permit application fee and all other fees required under Chapter 284, including

but not limited to annual fees set forth in Section 284.053(a) of Chapter 284, as such fees

may be adjusted from time to time pursuant to Section 284.054 of Chapter 284, and fees

set forth in Section 284.055 and Section 284.056 of Chapter 284, as applicable;

B. Map. An aerial map showing the location of the existing pole or structure to which the

network node is proposed to be attached, and a street view image of the same;

C. GIS Data. Geographic Information System (GIS) data for the location of each proposed

wireless facility or node support pole in the format acceptable to the City;

D. Size Limits. Network Providers shall provide detailed drawings, with calculations to show

strict conformity to the size limitations as set forth in Chapter 284, in accordance with, but

not limited to Chapter 284, Sec. 284.002, size of a Micro Network Node, Sec. 284.003, Size

of Network Nodes, and Sec. 284.103, Max. pole height, with each application and with

each request for a permit for each location.

E. Non-interference with City Safety Communication Networks. Documentation identifying

the frequency on which the proposed network node will operate and a certification that

the proposed network node shall not cause any interference with the City’s traffic signal

light system, public safety radio system, private police cell system, or other City

communications components in accordance with Chapter 284, Sec. 284.304;

It shall be the responsibility of the Network Provider to evaluate, prior to making

application for permit, the compatibility between the existing City infrastructure and

Provider’s proposed Network Node. A Network Node shall not be installed in a location

that causes any interference. Network Nodes shall not be allowed on City’s public safety

radio infrastructure.

F. Emergency Contacts. The names and telephone numbers of at least two persons serving

as emergency contacts for the Provider who can be reached by telephone 24 hours a day,

seven days a week, in the event of an emergency;

G. Electrical Drawings. Sealed engineering drawings for the electrical service providing

power to the proposed network node, which must include the conduit size, circuit size,

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calculations for amp, and distances running. Provider shall use 120 voltage when

connecting to any City service pole or decorative pole and shall provide a disconnect

switch and key to meter enclosure upon inspection. The City is entitled to disconnect

power to the network node or other wireless facilities in emergency situations;

H. Engineering Drawings. Scaled dimensional construction and engineering drawings

indicating the current public right-of-way line and showing any proposed underground

conduit and equipment and its spacing from the City’s existing utility facilities. Such

drawings shall also show a sectional profile of the public right-of-way and identify all

existing utilities and existing utility conflicts;

I. State and Federal Rights-of-way permit. If the project lies within right-of-way adjacent to

a state or federal highway, the Provider must provide evidence of a permit from the state

or federal government; and

J. Daily Work Information. If the work proposed in the Right-of-Way Permit application

involves more than five hundred (500) feet of continuous trenching or boring or the

installation of more than three (3) new node support poles or more than three (3)

electrical meter pedestals or ground boxes, then the Provider shall submit daily work

location information, before work can begin;

K. Other. All other information required to be submitted by a right of user in connection

with a Right of Way Permit application under Chapter 13, Article III (Management of

Public Rights-of-Way) of the Code of Ordinances or other applicable laws, ordinances,

codes, rules and regulations of the City.

L. Traffic Control/Storm Water Pollution Prevention/Trench Safety. Where required by the

City, based on the proposed scope of work, Provider shall submit a traffic control plan,

storm water pollution prevention plan, and/or trench safety plan;

3.2 Attachments to Existing Poles or Structures

In addition to the items in the General Requirements and Information Section 3.1, Provider

will submit the following items prior to installation, modification, or relocation of a network

node on an existing pole or structure or modification or relocation of an existing node

support pole:

A. Construction and engineering drawings prepared by a professional engineer licensed in

the State of Texas, and for wireless facilities proposed to be attached to a service pole, a

decorative pole or other City-owned or -controlled structure, a certification from the

engineer that the existing pole or structure and its foundations have sufficient structural

stability to support the proposed network node and can bear the wind load without pole

modification, or in the event the installation will require pole re-enforcement, that such

re-enforced pole will have sufficient structural stability to support the proposed network

node and can bear the wind load without further pole modification. Such construction

and engineering drawings must also address the design of the connection of any item to

the pole. If pole re-enforcement is necessary, Provider shall provide construction and

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engineering drawings for the proposed alteration to the existing pole. Any re-

enforcement or replacement of a pole shall match the color of the existing pole. Any pole

re-enforcement or replacement shall be at Provider’s sole cost;

B. A certificate that the network node complies with applicable regulations of the Federal

Communications Commission;

C. Certification that the proposed network node will be placed into active commercial

service by or for a Provider not later than the sixtieth (60th) day after the date the

construction and final testing of the network node is completed;

D. Scaled dimensional drawings or pictures of the proposed attachments of the network

node to the existing poles or structures as well as any other proposed wireless facility,

indicating the spacing from existing curbs, driveways, sidewalks, and other existing poles.

This shall include a before-and-after image of the pole and all proposed attachments

thereto and associated standalone equipment;

3.3 Substitution of Existing Municipal Poles

A Provider shall not replace an existing Municipal Service Pole without first obtaining a Right-

of-Way permit from the City. Each permit application shall disclose if it is a proposed

Substitution Pole.

A Provider may elect to remove an existing Municipal Service Pole, replace it with a similar

pole (with some modification) that serves primarily as a Node Support Pole in addition to the

original purpose. Once construction of a Substitution Pole is complete, it shall become a Node

Support Pole and shall be the responsibility of the Provider to maintain.

Maintenance – Street Lights. If the Substitution Pole also serves as a street light, City agrees

to perform routine maintenance, at City expense, of the street light, including maintenance

and all repair and/or replacement of switches, bulbs, ballasts, and starters in accordance with

City’s standard practices and procedures for maintaining City’s standard street lights. Nothing

herein shall obligate City to undertake pole replacement, pole repair, decorative

modifications, painting, or other repairs deemed aesthetic in nature. Pole replacement, pole

repair, and aesthetic improvements shall be at the sole cost and expense of Provider.

3.4 Installation of Network Nodes on New Poles

In addition to the items in the General Requirements and Information Section 3.1, Provider

will submit the following items prior to installation or modification of a new node support

pole or a network node on a new node support pole:

A. Scaled dimensional drawings or pictures of the proposed node support pole and any other

proposed wireless facilities to be installed in connection with the proposal, indicating the

spacing from existing curbs, driveways, sidewalks, and other existing poles. This shall

include a before-and-after street view image of the pole and all proposed attachments

and associated standalone equipment;

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3.5 Installation of Transport Facilities

A Provider shall not install or modify a new transport facility within the public right-of-way

without first obtaining a Right-of-Way Permit from the City. Before beginning excavation in

any public right-of-way, Provider shall be responsible for complying with all Laws relating to

verifying the location of existing utility lines and facilities and avoiding encroachment

thereon, including the requirements of Chapter 13, Article III (Management of Public Rights-

of-Way) of the Code of Ordinances.

SECTION IV. ELECTRICAL SUPPLY.

Provider shall be responsible for obtaining any required electrical power service to the

Provider’s wireless facilities. Provider’s electrical supply shall be separately metered from the

City. The City shall not be liable to the Provider for any stoppages or shortages of electrical

power furnished to the wireless facilities, including without limitation, stoppages or shortages

caused by any act, omission, or requirement of the public utility serving the wireless facility

structure or the act or omission of any other tenant or Provider of the wireless facility

structure, or for any other cause beyond the control of the City.

SECTION V. NETWORK NODE AND NODE SUPPORT POLE REQUIREMENTS.

Provider shall, at its own cost and expense, install all wireless facilities in a good and

workmanlike manner and in accordance with the requirements promulgated by this Wireless

Facilities Design Manual, Chapter 13, Article III (Management of Public Rights-of-Way) of the

Code of Ordinances, Chapter 284 of the Texas Local Government Code, and all other

applicable laws, ordinances, codes, rules and regulations of the City, the state, and the United

States (collectively, “Laws”), as such may be amended from time to time. Provider’s work

shall be subject to the regulation of the City. All work done in connection with the

installation, operation, maintenance, repair, modification, and/or replacement of wireless

facilities shall be in compliance with all applicable Laws. The following requirements apply to

the installation, operation, maintenance, repair, modification, and/or replacement of wireless

facilities:

A. Concealment. Wireless facilities shall be concealed or enclosed as much as possible in an

equipment box, cabinet or other enclosure that may include ventilation openings.

External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so

that wires are protected and not visible or visually minimized to the extent possible in

strict accordance with Chapter 13, Article III (Management of Public Rights-of-Way) of the

Code of Ordinances and other applicable ordinances, except to the extent not consistent

with Chapter 284;

B. Visibility Triangles. No wireless facility shall be located or placed in a manner that

encroaches on existing or proposed City site visibility triangles;

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C. Meters. Electrical meters shall not be mounted on a service pole, decorative pole or other

City-owned or -controlled structure. Standalone electrical meters shall be located on or

within a pad-mounted pedestal enclosure that is powder coated dark bronze. Provider

shall provide a key (#2195) to each meter upon inspection by City. All electrical meters

serving network nodes must display the Provider’s name and contact information;

D. Power Disconnect. All power to a network node located on or attached to a service pole,

decorative pole or other City-owned or -controlled structure must be able to be

disconnected to provide a safe working environment;

E. City Conduit. Use of City conduits for a Provider’s wireless facilities is prohibited;

F. Height of Attachments. All attachments on all Service Poles shall be at least 8 feet above

grade, in accordance with Chapter 284, Sec. 285.108 (a) (1) - (2) and if a Network Node

attachment is projecting toward the street, for the safety and protection of the public and

vehicular traffic, the attachment shall be installed no less than seventeen (17) feet above

the ground.

G. Protrusion. In accordance with Section 284.003(a)(1)(C), Section 284.003 (a)(2)(C) and

Section 284.003(a)(3)(B) of Chapter 284, no protrusion from the outer circumference of

the existing structure or pole to which a network node is attached shall be more than two

(2) feet;

H. Color. The color of network nodes shall match the color of the poles or structures to

which they are attached such that the network nodes blend with the color of the poles or

structures and new node support poles shall match the finish and coating of other poles in

the vicinity (i.e. galvanized or powder-coated dark bronze);

I. Locates. Before beginning excavation in any public right-of-way, Provider shall be

responsible for complying with all Laws relating to verifying the location of existing utility

lines and facilities and avoiding encroachment thereon, including the requirements of

Chapter 13, Article III (Management of Public Rights-of-Way) of the Code of Ordinances;

J. Meeting. A pre-construction meeting is required before any work is commenced that

involves installing a network node on a City pole or structure;

K. Wooden Poles. Wooden node support poles are prohibited in the public right-of-way. All

new node support poles located within the public right-of-way must be installed on

breakaway supports that meet the requirements contained in the American Association of

State Highway and Transportation Officials’ (AASHTO) Manual and must be in a material

and color matching standard City poles unless otherwise approved by the City in writing;

and

L. New Node Support Pole Spacing. Unless otherwise approved by City in writing, new node

support poles shall be spaced apart from existing utility poles or node support poles at the

same distance as the spacing between utility or City poles in the immediate vicinity, but

no less than at a minimum three hundred (300) feet from a colocated utility pole or

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another node support pole to minimize the hazard of poles adjacent to roadways and to

minimize effect on property values and aesthetics on the area.

M. Identifying Labels. All colocated utility or city poles or any new node support pole shall

have the contact information of the Provider conspicuously displayed (i.e. visible from an

observer standing on the ground) on the pole in a permanent fashion in accordance with

Section 15.4, for the purpose of contacting by the City or other interested parties to affect

adjustment, repair, or in event of emergency. Such contact information must be kept

current. Out-dated or incorrect information will result in the network node equipment

being considered abandoned and action in accordance with Section 13.2(c) will ensue.

Contact information shall include provider name, a phone number, and physical address.

SECTION VI. INSPECTIONS.

The City may perform visual inspections of any wireless facilities located in the public right-of-

way as the City deems appropriate without notice. If the inspection requires physical contact

with any wireless facilities, the City shall provide written notice to the Provider within five (5)

business days of the planned inspection. Provider may have a representative present during

such inspection.

In the event of an emergency situation, the City may, but is not required to, notify Provider of

an inspection. The City may take all actions necessary to remediate the emergency situation

and the City shall notify Provider as soon as practicable after remediation is complete.

SECTION VII. DESIGNATED AREAS.

1. The City Council may designate an area as a Historic District or a Design District under

Chapter 284.105 at any time.

2. Currently designated Historic Districts are:

(a) Historic District Number 1 is the area referred to as the Central Business District.

Its boundaries are defined in the Comprehensive Plan, adopted by the Allen City Council.

3. The failure to designate an area in this Chapter shall not mean that such an area is not

within a defined district, if so designated by the City Council. Future areas may be

designated as one of these Districts at any time. Such a designation does not require a

zoning case.

4. While not required under Chapter 284 to designate Underground Compliance Areas to

prohibit above ground Wireless facilities, the City may also, from time to time, also

designate Underground Compliance Areas.

SECTION VIII. PLACEMENT OF NETWORK NODES AND NODE SUPPORT POLES.

8.1 Generally. In accordance with Chapter 284.102, a Provider shall construct and maintain

Network Nodes and Node Support Poles in a manner that does not:

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1) obstruct, impede, or hinder the usual travel or public safety on a public right-of-way;

2) obstruct the legal use of a public right-of-way by other utility providers;

3) violate nondiscriminatory applicable codes;

4) violate or conflict with the City’s publicly disclosed public right-of-way management

ordinance or this Design Manual;

5) violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et

seq.).

8.2 Locations. Location of a wireless facility must receive written consent from the City prior to

installation. If a provider fails to remove any unauthorized wireless facility or any wireless

facility that is located in an improper location within the earlier of thirty (30) days after

receiving written notice or the date required by the City the Provider shall be subject to a

penalty of $500.00 per day until the wireless facility is removed or relocated to the correct

area within the permitted location, regardless of whether the Provider’s contractor,

subcontractor, or vendor installed the wireless facility in strict conformity with Chapter 13,

Article III (Management of Public Rights-of-Way) of the Code of Ordinances or other

applicable Laws concerning improperly located facilities in the public right-of-way.

Without the prior written consent of the City, a provider shall neither allow the installation of

nor install wireless facilities in or on any:

1. Municipal Park

2. City Property that is not public right-of-way

3. Decorative Poles

4. Historic Districts

5. Design Districts

6. Residential Areas where right-of-way that is adjacent to a street that is not more than

fifty (50) feet wide or adjacent to single-family residential lots or other multifamily

residences or undeveloped land that is designated for residential use by zoning, as

designated on the future land use plan of the Comprehensive Plan, or deed

restrictions.

Each permit application shall disclose if it is within areas listed above.

8.3 Historic District and Design District Conditions. As a condition for approval of wireless

facilities in design districts or historic districts, the City shall require reasonable design or

concealment measures for the wireless facilities. Therefore, any request for installation in a

design district or historic district must be accompanied with proposed concealment measures

in the permit application. The City requests that a Provider explore the feasibility of using

camouflage measures to improve the aesthetics of the wireless facilities, or any portion

thereof, to minimize the impact to the aesthetics in design districts or historic districts.

Provider shall comply with and observe all applicable Laws relating to historic preservation.

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8.4 Historic Landmarks. A Network Provider is discouraged from installing a Network Node or

Node Support Pole within 300 feet of a historic site or structure or Historic Landmark

recognized by the City, state or federal government (see, for example, and not limited to

§442.001(3) of the Texas Government Code, and 16 U.S.C. §470), as of the date of the

submission of the permit. It is recommended that each permit application disclose if it is with

300 feet of such a structure.

8.5 Public right-of-way. To minimize any obstruction, impediment, or hindrance to the usual

travel or public safety on a public right-of-way, node support poles and ground equipment

shall be placed within three (3) feet of the outer edge of the public right-of-way line or as

close as possible thereto, unless approved otherwise by permit. Wireless facilities shall not

obstruct, impede, or hinder pedestrian or vehicular traffic in the public right-of-way or

obstruct or interfere with the legal use of a public right-of-way by other utility providers.

Provider shall promptly remove wireless facilities that are installed in a location that is not in

accordance with the plans approved by the City, that obstructs, impedes, or hinders

pedestrian or vehicular traffic, that obstructs or interferes with the legal use of a public right-

of-way by other utility providers, that does not comply with applicable Laws, or that

otherwise renders the public right-of-way non-compliant with applicable Laws, including but

not limited to the American Disabilities Act.

8.6 Existing telephone or electrical lines between existing utility poles. Micro network nodes

shall only be lashed on existing telephone or electrical lines between existing utility poles

(electric poles or telephones poles), with notice to the pole owner as required by the Federal

Pole Attachment Act, and not placed on utility poles, node support poles or service poles.

8.7 Limit on number of network nodes per location. There shall be no more than one network

node on any one pole.

8.8 Compliance with Undergrounding Requirements. In accordance with Chapter 284, Sec.

284.107, a Network Provider shall comply with nondiscriminatory undergrounding

requirements, including municipal ordinances, zoning regulations, state law, private deed

restrictions, and other public or private restrictions, that prohibit installing aboveground

structures in a public right-of-way without first obtaining zoning or land use approval.

1. Areas may be designated from time to time by the City as Underground Requirement

Areas in accordance with filed plats, and or conversions of overhead to underground

areas, as may be allowed by law.

2. Each permit application shall disclose if it is within an area that has undergrounding

requirements.

3. If a location is designated by the City to transition to be an Underground Requirement

Area, then a Provider’s permit for the location of the micro network node, network

node, node support pole, and related ground equipment at such location will be

revoked ninety (90) days after the designation, with removal of said micro network

node, network node, node support pole, and related ground equipment at such

location within ninety (90) days of such designation, or as otherwise allowed by the

City for the transition of other overhead facilities.

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SECTION IX. ORDER OF LOCATION PREFERENCE.

9.1 Order of Location Preference

1. Existing Utility Poles (electric poles or telephones poles), shall be the preferred support

facility for Network Nodes and related ground equipment.

2. Existing non-decorative street lights with a height of more than 25 feet.

3. Substitution Poles

4. New network node support poles.

5. Traffic signal structures when such installation will not interfere with the integrity of the

facility and will not interfere with the safety of public and in accordance with an

agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101 (a) (3), and (b).

6. Street signage shall be the least preferred type of allowed facility for attachment of

Network Nodes.

A Provider must demonstrate why, to the satisfaction of the City, a higher preference option

is not feasible for the proposed network node installation, when making application for

installation of a lower-priority installation. Such information shall be included within the

permit application to be considered complete and adequate for review.

SECTION X. GROUND EQUIPMENT.

10.1 Ground Equipment near street corners and intersections. Ground equipment shall be

minimal and the least intrusive. Ground equipment may not be installed within two hundred

fifty (250) feet of a street corner or a street intersection to minimize any obstruction,

impediment, or hindrance to the usual travel or public safety on a public right-of-way; to

provide the maximum line of sight required to facilitate the safe travel of vehicular and

pedestrian traffic; to maximize that line of sight at street corners and intersections; and to

minimize hazards at those locations.

10.2 Ground Equipment near municipal parks. For the safety of municipal park patrons,

particularly small children, and to allow full line of sight near municipal park property, a

Provider shall not install ground equipment in a public right-of-way that is within a municipal

park or within two hundred fifty (250) feet of the boundary line of a municipal park, unless

approved by the Director of the City’s Parks and Recreation Department in writing.

10.3 Ground equipment density. To enhance the safety requirements of line of sight of

pedestrians, particularly small children, the City may deny a request for a proposed location if

the Provider seeks to install ground equipment where existing ground equipment within

three hundred (300) feet already occupies a footprint of twenty-five (25) square feet or more.

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SECTION XI. MUNICIPAL SERVICE POLES.

11.1 Conformance. Installation of wireless facilities on a service pole shall be in strict conformance

with the agreement applicable to each such installation pursuant to Section 285.056 and

Section 284.101(a)(3) and (b) of Chapter 284.

11.2 Installations on Traffic Signals or Lighting Structures

A. Installations of wireless facilities on a traffic signal structure or lighting structure must not

interfere with the integrity of the structure in any way that may compromise the safety of

the public and must be in strict conformance with an agreement applicable to each such

installation pursuant to Section 285.056 and Section 284.101(a)(3) and (b) of Chapter 284.

Installation of wireless facilities on any traffic signal structure shall:

1. Utilize conductor or wiring encased in a separate conduit than the traffic signal or

lighting electronics;

2. Have a separate electric power connection than the traffic signal or lighting structure;

3. Have a separate access point than the traffic signal or lighting structure; and

4. Shall not puncture, penetrate, or cut the Municipal Pole in any way.

B. Provider shall provide the City a key to each electrical meter providing power to a wireless

facility at the time of inspection and shall have the ability to temporarily cut-off electricity

to its wireless facilities for the safety of maintenance personnel. In the event of failure of

components of the traffic signal system for whatever reason, including damage resulting

from vehicular collisions, weather-related events, or malicious attacks, City will respond to

restore traffic signal operations as a matter of public safety. Should the events that result

in damage or failure of the traffic signal system also affect Provider’s wireless facilities,

Provider shall have the sole responsibility to repair or replace its wireless facilities and

shall coordinate its own emergency efforts with the City.

11.3 Installations on Street Signage or other Traffic Control Structures

Installations of wireless facilities on a street signage or traffic control structure must not

interfere with the integrity of the structure in any way that may compromise the safety of the

public and must be in strict conformance with an agreement applicable to each such

installation pursuant to Section 285.056 and Section 284.101(a)(3) and (b) of Chapter 284.

Installation of wireless facilities on any street signage or traffic control structure that has

electrical power shall:

A. Utilize electric conductor or wiring encased in a separate conduit than any City signage or

traffic control electronics;

B. Have a separate electric power connection than the signage or traffic control structure;

C. Have a separate access point than the signage or traffic control structure; and

D. Shall not puncture, penetrate, or cut the Municipal Pole in any way.

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11.4 Reservation of Rights

A. The City reserves the right to install, and permit others to install, utility facilities in the

public right-of-way. In permitting such work to be done by others, the City shall not be

liable to Provider for any damage caused by those persons or entities.

B. The City reserves the right to locate, operate, maintain, and remove City traffic signal

poles in the manner that best enables the operation of its traffic signal system and

protects public safety.

C. The City reserves the right to locate, operate, maintain, and remove any City pole or

structure located within the public right-of-way in the manner that best enables the City’s

operations and protects public safety.

SECTION XII. INTERFERENCE WITH OPERATIONS.

12.1 No Liability

A. The City shall not be liable to a Provider for any damage caused by other Providers with

wireless facilities sharing the same pole or for failure of Provider’s wireless facilities for

whatever reason, including damage resulting from vehicular collisions, weather-related

events, or malicious attacks.

B. The City shall not be liable to a Provider by reason of inconvenience, annoyance, or injury

to the Provider’s wireless facilities or activities conducted by Provider related thereto,

arising from the necessity of repairing any portion of the public right-of-way, or from the

making of any necessary alterations or improvements in, or to, any portion of the public

right-of-way or in, or to, City’s fixtures, appurtenances, or equipment. The City will use

reasonable efforts not to cause material interference to Provider’s operation of its

wireless facilities.

12.2 Signal Interference with City’s Communications Infrastructure Prohibited

A. No interference. In the event that Provider’s wireless facilities interfere with the City’s

traffic signal system, public safety radio system, private police cell system, or other City

communications infrastructure operating on spectrum where the City is legally authorized

to operate, Provider shall promptly cease operation of the wireless facility causing such

interference upon receiving notice from the City and refrain from operating such wireless

facility in the future. Provider shall respond to the City’s notice to address the source of

the interference as soon as practicable, but in no event later than twenty-four (24) hours

of receiving notice. Documentation shall be submitted with the Provider’s permit

application that identifies the frequency on which the wireless facility will operate, which

must not interfere with the City’s traffic signal system, public safety radio system, private

police cell system, or other City communications infrastructure. Wireless facilities shall

not be located or colocated on the City’s public safety radio infrastructure.

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B. Protocol for responding to event of interference. For each event of prohibited

interference, Provider shall provide the City an interference remediation report that

includes the following items:

1. Remediation Plan. Provider shall devise a proposed remediation plan to stop the

event of inference;

2. Time Frame for Execution. Provider shall provide the expected time frame for

execution of the remediation plan; and

3. Additional Information. Provider shall include any additional information relevant to

the execution of the remediation plan.

In the event that interference with City facilities, services, or operations cannot be

eliminated, Provider shall shut down the interfering wireless facility and remove or

relocate the wireless facility that is the source of the interference as soon as possible to a

suitable alternative location approved by City.

C. Testing. Following installation or modification of a network node, the City may require

Provider to test the network node’s radio frequency and other functions to confirm it

does not interfere with the City’s facilities, services, or operations.

SECTION XIII. ABANDONMENT, RELOCATION, AND REMOVAL.

13.1 Abandonment of Wireless Facilities

Abandoned or obsolete Micro Network Node, Network Node, Node Support Pole and related

ground equipment shall be removed in strict accordance with the City’s rights-of-way

management ordinance, and other applicable ordinances, except to the extent not consistent

with Chapter 284.

When Provider removes or abandons permanent structures in the public right-of-way, the

Provider shall notify the City in writing of such removal or abandonment and shall file with

the City the location and description of each wireless facility removed or abandoned. The City

may require the Provider to complete additional remedial measures necessary for public

safety and to protect the integrity of the public right-of-way.

13.2 Relocation and Removal at Provider’s Expense

In accordance with Chapter 284, Sec. 284.107, except as provided in existing state and federal

law, a Network Provider shall relocate or adjust Micro Network Node, Network Node, Node

Support Pole and related ground equipment in a public right-of-way in a timely manner and

without cost to the municipality managing the public right-of-way.

A. Provider shall remove and relocate a wireless facility at its own expense to an alternative

location not later than ninety (90) days after receiving written notice that removal,

relocation, and/or alteration of the wireless facility is necessary due to:

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1. Construction, completion, repair, widening, relocation, or maintenance of, or use in

connection with, any City construction, city-sanctioned improvement by others, or

maintenance project or other public improvement project;

2. Maintenance, upgrade, expansion, replacement, removal or relocation of the City’s

pole or structure upon which Provider’s network nodes are attached;

3. The wireless facility, or portion thereof, is adversely affecting proper operation of

traffic signals, streetlights, or other City property;

4. Closure of a street or sale of City property;

5. Projects and programs undertaken to protect or preserve the public health, safety or

welfare;

6. Activities undertaken to eliminate a public nuisance;

7. Provider’s failure to obtain all applicable licenses, permits, and certifications required

by Law for its wireless facility; or

8. Duty otherwise arising from applicable Law.

B. Provider’s duty to remove and relocate its wireless facility at its expense is not contingent

on the availability of an alternative location acceptable for relocation. City may make

reasonable efforts to provide an alternative location within the public right-of-way for

relocation, but regardless of the availability of an alternative site acceptable to Provider,

Provider shall comply with the notice to remove its wireless facility as instructed.

C. The City may remove the wireless facility if Provider does not remove the wireless facility

within ninety (90) days of Provider’s receipt of request. In such event, Provider shall

reimburse City for the City’s actual cost of removal of Provider’s wireless facility within

thirty (30) days of receiving an invoice from the City.

13.3 Removal by City for Safety and Imminent Danger Reasons

A. Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or

relocate the applicable Micro Network Node, Network Node, Node Support Pole and

related ground equipment within the time frame and in the manner required by the City

Manager if the City Manager reasonably determines that the disconnection, removal, or

relocation of any part of a Micro Network Node, Network Node, Node Support Pole and

related ground equipment (a) is necessary to protect the public health, safety, welfare, or

City property, (b) the Micro Network Node, Network Node, Node Support Pole and

related ground equipment, or portion thereof, is adversely affecting proper operation of

streetlights or City property, or (c) Network Provider fails to obtain all applicable licenses,

Permits, and certifications required by Law for its Micro Network Node, Network Node,

Node Support Pole and related ground equipment, or use of any Location under

applicable law. If the City Manager reasonably determines that there is imminent danger

to the public, then the City may immediately disconnect, remove, or relocate the

20

applicable Micro Network Node, Network Node, Node Support Pole and related ground

equipment at the Network Provider’s sole cost and expense.

B. The City Manager shall provide 90 days written notice to the Network Provider before

removing a Micro Network Node, Network Node, Node Support Pole and related ground

equipment under this Section, unless there is imminent danger to the public health,

safety, and welfare.

C. Network Provider shall reimburse City for the City’s actual cost of removal of Micro

Network Node, Network Node, Node Support Pole and related ground equipment within

30 days of receiving the invoice from the City.

13.4 Removal or Relocation by Provider

A. If the Provider removes or relocates a wireless facility at its own discretion, it shall notify

the City in writing not less than ten (10) days prior to removal or relocation. Provider shall

obtain all permits required for relocation or removal of its wireless facilities prior to

relocation or removal.

B. The City shall not issue any refunds for any amounts paid by Provider for wireless facilities

that have been removed.

13.5 Provider Responsible

Network Provider shall be responsible and liable for the acts and omissions of Network

Provider’s employees, temporary employees, officers, directors, consultants, agents,

Affiliates, subsidiaries, sub-Network Provider’s and subcontractors in connection with the

installations of any Micro Network Node, Network Node, Node Support Pole and related

ground equipment, as if such acts or omissions were Network Provider’s acts or omissions in

strict accordance with the City’s rights-of-way management ordinance, and other applicable

ordinances, except to the extent not consistent with Chapter 284.

SECTION XIV. INSURANCE.

1. Insurance, bonding and security deposits shall be in strict accordance with the City’s

rights-of-way management ordinance, and other applicable ordinances, except to the

extent not consistent with Chapter 284.

2. Indemnity shall be in accordance with Chapter 284, Sec. 284.302, as provided for in

Chapter 283, Sec. 283.057 (a) and (b) of the Texas Loc. Gov’t Code.

SECTION XV. GENERAL PROVISIONS.

15.1 Fiber Connection

Provider shall be responsible for obtaining access and connection to fiber optic lines or other

backhaul solutions that may be required for its wireless facilities.

21

15.2 Generators

Provider shall not allow or install generators or back-up generators in the public right-of-way

in accordance with Chapter 284, Sec. 284.002 (12) (B) (1).

15.3 Equipment Dimensions

Provider’s node support poles and network nodes shall comply with the dimensions set forth

in Chapter 284.

15.4 Signage

A. Provider shall post its name, location identifying information, and emergency telephone

number in an area on the cabinet of the node support poles and network nodes that is

visible to the public. Signage required under this section shall not exceed 4” x 6”, unless

otherwise required by law (e.g. RF ground notification signs) or the City.

B. Except as required by applicable Laws or by the utility pole owner, Provider shall not post

any other signage or advertising on the node support poles and network nodes, or utility

pole.

15.5 Repair

Whenever the installation, placement, attachment, repair, modification, removal, operation,

use, or relocation of wireless facilities, or any portion thereof, is required and such

installation, placement, attachment, repair, modification, removal, operation, use, or

relocation causes any property of the City to be damaged or to have been altered in such a

manner as to make it unusable, unsafe, or in violation of any Laws, Provider, at its sole cost

and expense, shall promptly repair and return such property to its original condition. If

Provider does not repair such property or perform such work as described in this section,

then the City shall have the option, upon seven (7) days prior written notice to Provider or

immediately if there is an imminent danger to the public, to perform or cause to be

performed such reasonable and necessary work on behalf of Provider and to charge Provider

for the reasonable and actual costs incurred by the City. Provider shall promptly reimburse

the City for the costs.

15.6 Inventory

Provider shall maintain a list of its wireless facilities located in the City and provide City an

inventory of the location of each such wireless facility within ten (10) days of installation. The

inventory of wireless facilities shall include GIS coordinates, date of installation, City pole ID

number (if applicable), type of pole used for installation, pole owner, and description/type of

installation for each wireless facility.

Upon City’s written request, Provider shall provide a cumulative inventory within thirty (30)

days of City’s request. With respect to wireless facilities that become inactive, the inventory

shall include the same information as active installations in addition to the date the wireless

22

facility was deactivated and the date the wireless facility was removed from the public right-

of-way. City may compare the inventory to its records to identify any discrepancies.

In the event Provider’s contact information changes and differs from the information

provided on a permit application, Provider shall promptly provide updated contact

information to the City for emergency purposes and immediately update signage on network

node property in accordance with Section 15.4.

15.7 Restoration

Network Provider shall restore and repair of the rights-of-way from any damage to the Right-

of-Way, or any facilities located within the Right-of-Way, and the property of any third party

resulting from Network Provider’s activities in strict accordance with the City’s rights-of-way

management ordinance, and other applicable ordinances, except to the extent not consistent

with Chapter 284.

SECTION XVI. RESERVED.

SECTION XVII. DESIGN MANUAL – UPDATES.

Placement or Modification of Micro Network Node, Network Node, Node Support Pole and

related ground equipment shall comply with the City’s Design Manual at the time the Permit

for installation or Modification is approved and as amended from time to time.



SUBJECT: Authorize the City Manager to Execute a Contractwith Dean Insurance Group in the Amount of $87,747for a General Liability Policy, Liquor LiabilityCoverage, and an Umbrella Policy for the Allen EventCenter.

STAFF RESOURCE: Monika Kretschmer, Human Resources DirectorZach Cain, Risk Manager

PREVIOUS COUNCIL ACTION: On August 11, 2015, the City Council approved thecurrent contract with Dean Insurance Group toprovide a General Liability Policy, Liquor LiabilityCoverage, and an Umbrella Policy for the Allen EventCenter.

ACTION PROPOSED: Authorize the City Manager to Execute a Contractwith Dean Insurance Group in the Amount of $87,747for a General Liability Policy, Liquor LiabilityCoverage, and an Umbrella Policy for the Allen EventCenter.

BACKGROUND

The City of Allen's current Liability Insurance for the Allen Event Center is ready for renewal. The City mustuse an alternate insurance provider outside of the City's general provider because the Texas Municipal LeagueRisk Pool does not provide coverage of this type. The City has carried General Liability Insurance, Liquor Liability Coverage, and an Umbrella Policy throughDean Insurance Group for the last several years. These policies provide the Event Center with $1,000,000 ingeneral liability coverage and $1,000,000 in liquor liability coverage. The Umbrella Policy specifically insuresPro Sports Venues and Sports Teams and covers the liability for spectator injuries at the sporting events heldat the Allen Event Center. The total annual premium for the August 2017 renewal of general liability, liquor liability coverage, and anumbrella policy is $87,747 for the Allen Event Center. This represents a decrease of $1,037, or 1.17%, overlast year's renewal and is attributable to rate changes in the industry. Each year, Dean Insurance Group obtains renewal quotes to ensure we are receiving the lowest cost forcoverage.

BUDGETARY IMPACT

Insurance premiums for coverage are budgeted in the Risk Management Fund.


Staff recommends authorizing the City Manager to execute a contract with Dean Insurance Group in theamount of $87,747 for a General Liability Policy, Liquor Liability Coverage, and an Umbrella Policy for theAllen Event Center.

MOTION

I make a motion to authorize the City Manager to execute a contract with Dean Insurance Group in theamount of $87,747 for a General Liability Policy, Liquor Liability Coverage, and an Umbrella Policyfor the Allen Event Center.

ATTACHMENTS:DescriptionPolicy Renewal

Making Things Easier for You!

PHLY.comEd. 101514

Philadelphia Insurance Companies is the marketing name for the insurance company subsidiaries of the Philadelphia Consolidated Holding Corp., a Member of the Tokio Marine Group. Coverage(s) described may not be available in all states and are subject to Underwriting and certain coverage(s) may be provided by a surplus lines insurer. Surplus lines insurers do not generally participate in state guaranty funds and insureds are therefore not protected by such funds. © 2014 Philadelphia Consolidated Holding Corp., All Rights Reserved.*All statistics contained herein were generated via an internal company survey of active policy holders.

PHLY CUSTOMER SERVICEDid you know…

• The Loss Assistance Hotline provides Management & Professional Liability policyholders with two FREE HOURS of legal consultation with knowledgeable attorneys on any matter that could potentially result in a claim under a PHLY policy

• You can review billing and payment history online For example: Payment verifications go to MyPHLY on PHLY.com

• You can pull up and print your invoices and policy documents online• You can update your profile online

For example: Billing address or contact information changes• We offer live help within seconds: No complicated phone systems• 94.4% of our policyholders would refer us to prospective customers*• We provide 48 hour turnaround time on small business quotes and

policy issuance in less than 10 days• We provide interest free installments for accounts that generate at

least $2,000 in premium

Frequently Asked QuestionsHow can I get information about my insurance?There are 5 different ways to contact Customer Service

• Customer Service 877.438.7459• Customer Service Fax 866.847.4046• Customer Service E-mail: [email protected]• Customer Service online chat• PHLY.com – “Contact Us”

When can I contact Customer Service?Customer Service is available Monday - Friday from 8:30 a.m. - 8:00 p.m. EST

What forms of payment does PHLY accept?PHLY accepts 3 forms of payment:

• Check sent to the lock box• Check by phone payments through our IVR

(877.438.7459 – Option 1), website, or contact center representatives

• Credit card payments through our live contact center representatives (Visa, MasterCard, and American Express)

Claims• Average policyholder first party automobile losses

settled in 10 days or less• Same or next business day acknowledgements

of newly reported and opened claims• Claims representation nationally with Commercial

Liability Claims Examiner Niche expertise• 24/7 claims service. Staff efficiencies with paperless

and industry leading systems• Staff of Subrogation and Recovery Examiners exclusively

dedicated to recovery efforts for policyholder paid losses• Experienced, consistent staff and department structure

Risk Management Services• National network of in-house risk management professionals

providing direct support to policyholders• Product specific web-based risk management solutions

through PHLY.com• Interactive Driver Training online courses and examination at

no additional charge• Regular e-flyer communications on relevant risk management issues • Strategic partnerships with best-in-class vendors for discounted

MVR checks, abuse training, GPS, and many more

Automatically included on most accountsPHLY Bell Endorsement - Includes $50,000 limits each for Business Travel Accident Benefit, Donation Assurance, Emergency Real Estate Consulting Fee, Identity Theft Expense, Image Restoration and Counseling, Key Individual Replacement Expenses, Kidnap Expense, Terrorism Travel Reimbursement, Workplace Violence Counseling. $25,000 limits for each Conference Cancellation, Fundraising Event Blackout, Political Unrest ($5,000 per employee), Temporary Meeting Space Reimbursement, and $1,500 Travel Delay Reimbursement.

Honors, Awards, and Ratings• America’s Top 150 Workplaces• Best Places to Work in Insurance (4th consecutive year) • Stevie Awards• ACE Awards• Top Workplaces in Philadelphia • Ward’s Top 50 (13th consecutive year)• National Underwriter Top 100 Insurance Groups

(Tokio Marine) #29• National Underwriter Top 100 Insurance

Companies #41

PROPOSAL FOR INSURANCE Quotation Number: Proposal Date:

Named Insured and Mailing Address: Producer:

Contact: Phone:

Fax: Insurer:

Policy Period From: To: Proposal Valid Until: at 12:01 A.M. Standard Time at your mailing address shown above.

Product: Submission Type: PHLY Representative: PHLY Representative Phone: Email:

Underwriter: Underwriter Phone: Email:

IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO EXTEND INSURANCE AS STATED IN THIS PROPOSAL.

THIS PROPOSAL CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM

TOTAL

The premium shown is subject to the following terms and conditions:

Philadelphia Indemnity Insurance Company

114071

(214)227-9377

08/19/201708/19/2017

08/19/2018

$ 74,354.00

07/26/2017

Dean Insurance Group5600 Tennyson Pkwy Ste 285Plano, TX 75024

$ 552.00

Alex Dean

Kearns, Thomas J.

Goff, Lance R.

Commercial General Liability Coverage PartLiquor Liability

$ 68,086.00$ 6,268.00

The Total Premium includes Federal Terrorism Risk Insurance Act Premiumin the amount of:

10604755

Professional Sports Package Renewal Business

(999)999-9999

City of Allen Event Center305 Century PkwyAllen, TX 75013-8042

Bill Plan Options:

All Bill Plans are subject to a minimum installment of $500

_12 equal installments available only on Auto Rental/Leasing policies_Premiums under $2,000 are Fixed Annual billing

(469) 221-7932

(610) 668-7253

_25% Down and 9 Consecutive Monthly Installments - Combined premium must be $6,000 and up_25% Down and 5 Consecutive Monthly Installments - Combined premium must be at least $3,333_25% Down and 3 Consecutive Monthly Installments - Combined premium must be at least $2,000_50% Down and 2 Consecutive Monthly Installments - Combined premium must be at least $2,000

[email protected]

[email protected]

A signed UM/UIM Selection/Rejection form is required upon binding. (Ifapplicable.)Any taxes, fees or surcharges included in the total premium shown on the proposalare not subject to installment billing.Please review proposal carefully as coverages offered may differ from thoserequested.

Proposal Date: Named Insured: Quotation Number:


07/26/2017City of Allen Event Center 10604755

No coverages offered or implied unless stated herein.


The producer placing this policy may receive commission and additional underwriting profit share incentives. These incentives are based on the underwriting performance of this producer’s book of business. Any questions about the nature of this compensation should be directed to the producer. In order to complete the underwriting process, we require that you send us the additional information requested in the “conditions” section of this proposal. We are not required to bind coverage prior to our receipt, review and underwriting approval, of said additional information. However, if we do bind coverage, it shall be for a temporary period of not more than 30 days. Such temporary binding of coverage shall be void ab initio (“from the beginning”) if we have not received, reviewed and approved in writing such materials within 15 days from the effective date of the temporary binder. This 30 day temporary conditional binder may be extended only in writing signed by the Insurer. Payment of premium shall not operate to extend the binding period or nullify the automatic voiding as described above. This quotation is strictly conditioned upon no material change in the risk occurring between the date of this proposal and the inception date of the proposed policy (including any claim or notice of circumstances that which may reasonably expected to give rise to a claim under any policy of which the policy being proposed by this letter is a renewal or replacement). In the event of such change in risk, the Insurer may in its sole discretion, whether or not this quotation has been already accepted by the Insured, modify and/or withdraw this quotation. Subject to the terms and conditions outlined above and prior to the quote expiration date, this quote may be bound by signing and dating below and by initialing, on the previous page, the option to be bound. This form will then act as the binder of coverage for 30 days from the date signed and may be distinguished by the Quotation number on page 1. This binder is only valid for 30 days.

No coverage is afforded or implied unless shown in this proposal. This proposal does not constitute a binder of insurance. This proposal is strictly limited to the terms and conditions herein. Any other coverage extensions, deletions or changes requested in the submission are hereby rejected.

Signature of Authorized Insurance Representative Date


PI-TER-DN1 (01/15)

Page 1 of 2

Policy Number: Named Insured:

PHILADELPHIA INSURANCE COMPANIES DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE REJECTION OPTION

You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance

coverage for losses resulting from acts of terrorism. As defined in Section 102(1) of the Act: The term “act of terrorism” means

any act or acts that are certified by the Secretary of the Treasury—in consultation with the Secretary of Homeland Security,

and the Attorney General of the United States—to be an act of terrorism; to be a violent act or an act that is dangerous to

human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the

case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual

or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the

conduct of the United States Government by coercion.

YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85% THROUGH 2015; 84% BEGINNING ON JANUARY 1, 2016; 83% BEGINNING ON JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81% BEGINNING ON JANUARY 1, 2019 and 80% BEGINNING ON JANUARY 1, 2020, OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.

YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS’ LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED.

Your attached proposal (or policy) includes a charge for terrorism. We will issue (or have issued) your policy with terrorism coverage unless you decline by placing an “X” in the box below.

NOTE 1: If “ included” is shown on your proposal (or policy) for terrorism you WILL NOT have the option to reject the coverage.

NOTE 2: You will want to check with entities that have an interest in your organization as they may require that you maintain terrorism coverage (e.g. mortgagees).

EXCEPTION: If you have property coverage on your policy, the following Standard Fire Policy states do not permit an Insured to reject fire ensuing from terrorism: CA, CT, GA, HI, IA, IL, MA, ME, MO, NJ, NY, NC, OR, RI, VA, WA, WV, WI. Therefore, if you are domiciled in the above states and reject terrorism coverage, you will still be charged for fire ensuing from terrorism as separately designated on your proposal.

10604755 City of Allen Event Center

PI-TER-DN1 (01/15)

Page 2 of 2

I decline to purchase terrorism coverage. I understand that I will have no coverage for losses arising from “certified” acts of terrorism, EXCEPT as noted above.

You, as the Insured, have 30 days after receipt of this notice to consider the selection/rejection of “terrorism” coverage. After this 30 day period, any request for selection or rejection of terrorism coverage WILL NOT be honored.

REQUIRED IN GA – LIMITATION ON PAYMENT OF TERRORISM LOSSES (applies to policies which cover terrorism losses insured under the federal program, including those which only cover fire losses) The provisions of the Terrorism Risk Insurance Act, as amended, can limit our maximum liability for payment of losses from certified acts of terrorism. That determination will be based on a formula set forth in the law involving the national total of federally insured terrorism losses in an annual period and individual insurer participation in payment of such losses. If one or more certified acts of terrorism in an annual period causes the maximum liability for payment of losses from certified acts of terrorism to be reached, and we have satisfied our required level of payments under the law, then we will not pay for the portion of such losses above that maximum. However, that is subject to possible change at that time, as Congress may, under the Act, determine that payments above the cap will be made.

INSURED’S SIGNATURE_ DATE


LOCATION SCHEDULE

Loc Bldg

# # Address #1 Address #2 City St Zip


0001 0001 200 E Stacy Rd Bulding 1350 Allen TX 75002-8732


FORM SCHEDULE

Form Edition Description


Recurring Payment FlyerCSNotice-1BJP-190-1PI-Notice TXPP2015CPD-PIICLocation SchedulePI-BELL-1 TXPI-CME-1IL0017IL0021IL0168IL0275PI-AM-072PI-LCN-TX

Gen Liab DecGen Liab ScheduleCG0001CG0068CG0103CG0136CG2135CG2144CG2153CG2167CG2170CG2407CG2639CG3208PI-AM-013PI-AM-021PI-AM-048PI-AM-057PI-AM-066PI-AS-002PI-AS-003PI-AS-012PI-AS-013PI-AS-020 TX

121210141298011306150614010011091009119809080312090706090812

100401001207050906061008100107980196120401150196120712040609080612081208100604040404040404040704

Recurring Payment FlyerMaking Things EasierCommercial Lines Policy JacketImportant NoticePrivacy Policy NoticeCommon Policy DeclarationsLocation ScheduleBell EndorsementCrisis Management Enhancement EndorsementCommon Policy ConditionsNuclear Energy Liability Exclusion EndorsementTexas Changes - DutiesTexas Changes - Cancellation and NonrenewalSports and Entertainment Event ProtectionTexas Policyholder Notice

Commercial General Liability Coverage Part DeclarationGeneral Liability ScheduleCommercial General Liability Coverage FormRecording and Distribution of Material or InformationTexas ChangesTexas Changes-Your Right to Claim and Occurrence InfoExclusion - Coverage C - Medical PaymentsLimitation of Cov to Designated Premises or ProjectExclusion - Designated Ongoing OperationsFungi or Bacteria ExclusionCap On Losses From Certified Acts Of TerrorismProducts/Completed Operations Hazard RedefinedTexas Changes - Employment-Related Practices ExclusionTexas Changes-Binding ArbitrationAthletic or Sports Participant Legal LiabilityChanges in Other Insurance Condition - CGLLimited Excess Fireworks CoverageParticipant Legal Liability-Accident Medical WarrantyAggregate Limit - Per Event Anti-Stacking ProvisionWaiver and Release SystemExclusion-Stunt ActivityExclusion - Misc Recreational ExposuresExclusion - Misc Activities And DevicesAbuse or Molestation Excl-Abuse or Molestation Sublimt


FORM SCHEDULE



PI-EK-006PI-EK-007PI-EK-008PI-GLD-EKPI-MANU-1PI-MANU-1

CGDS03Liquor Liab ScheduleCG0033CG0137CG2170CG3161CG3208PI-MANU-1

120812081208060901000100

07980204120710080115040312040100

Artist or Performer Contractual Liability LimitationLimited Excess Amusement Device CoverageLimited Excess Performer CoverageGen Liability Deluxe: Performing Arts/EntertainmentLIMITED EXCESS MOTORSPORTS,RAP/HIP-HOP,HEAVY METAL,PUNK OWAIVER & RELEASE SYSTEM AND ACCIDENT MEDICAL WARRANTY AM

Liquor Liability DeclarationsLiquor Liability ScheduleLiquor Liability Coverage FormTexas Changes-Your Right to Claim and Injury InfoCap On Losses From Certified Acts Of TerrorismTexas War Liability ExclusionTexas Changes-Binding ArbitrationPI-AM-020 (08/06) - CHANGES IN OTHER INSURANCE CONDITION


GENERAL LIABILITY Total:

Each Occurrence Limit Liability Type:Personal and Advertising Injury Limit General Aggregate Limit (Other Than Products – Completed operations) Products/Completed Operations Aggregate Limit Rented to You Limit Medical Expense Limit (Any One Person)

Class Premium Prem/Op Products Classifications Code Base BI/PD Ded BI/PD Ded Exposure

07/26/2017

$ 1,000,000

City of Allen Event Center

$ 3,000,000

$ 0

$ 1,000,000

$ 100,000

10604755

Premium

$ 3,000,000

OCCURRENCE

TEXAS

LOC 1 STADIUM-OPERATED BY INSURD-NFP

LOC 1 RESTAURANT-OPER CONC-NFP

LOC 1 SKATING RINK-ICE

LOC 1 SPORT GOOD/ATHLTIC EQUIP STORE

415,000

1,200,000

634,366

345,500

$ 68,086.00

$ 56,948.00

$ 1,032.00

$ 9,297.00

$ 809.00

ADMISSION

GROSS SALES

GROSS SALES

GROSS SALES

48638

16820

48177

18206

NONE

NONE

NONE

NONE NONE


LIQUOR LIABILITY Total:

Each Limit: Aggregate Limit: Deductible: Liability Type: Retroactive Date:

Classifications Class Code

Premium Base

Exposure


Premium

NONEOCCURRENCE

$ 1,000,000$ 1,000,000

NONE

SalesTEXASLoc 1 Clubs-All Other MANUSCRIPT ENDORSEMENT

70412 600,000

$ 6,268.00

$ 6,268.00

Taxes, Surcharges, and Fees Notice

*Note: The above proposal may not account for local taxes, Surcharges, and/or fees mandated by the State in which you/your business operate(s). The final policy will include a description of how local taxes, surcharges and fees, if applicable, have been allocated as determined by the risk location. Please contact a PHLY representative if you have any questions.

Specimen

PI CG DS 03 07 98

Page 1 of 2 Includes copyrighted material of Insurance Services, Inc., with its permission

POLICY NUMBER:

LIQUOR LIABILITY DECLARATIONS NAMED INSURED MAILING ADDRESS

POLICY PERIOD: FROM TO AT 12:01 A.M. TIME AT YOUR MAILING ADDRESS SHOWN ABOVE

IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.

LIMITS OF INSURANCE EACH COMMON CAUSE LIMIT $ AGGREGATE LIMIT $

RETROACTIVE DATE (CG 00 34 ONLY)

THIS INSURANCE DOES NOT APPLY TO " INJURY" WHICH OCCURS BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN BELOW. RETROACTIVE DATE: (ENTER DATE OR "NONE" IF NO RETROACTIVE DATE APPLIES)

DESCRIPTION OF BUSINESS

FORM OF BUSINESS: BUSINESS DESCRIPTION:


10604755

City of Allen Event Center305 Century PkwyAllen, TX 75013-8042 (Collin CTY)

08/19/2018

MUNICIPALITY

Professional Sports

08/19/2017

NONE

1,000,000 1,000,000

PI CG DS 03 07 98

Page 2 of 2 Includes copyrighted material of Insurance Services, Inc., with its permission

ALL PREMISES YOU OWN, RENT OR OCCUPY

LOCATION NUMBER ADDRESS OF ALL PREMISES YOU OWN, RENT OR OCCUPY

SEE SCHEDULE ATTACHED

CLASSIFICATION AND PREMIUM

CLASSIFICATION CODE NO.

PREMIUM BASE

RATE ADVANCE PREMIUM

SEE SCHEDULE ATTACHED

$ $ $

TOTAL PREMIUM (SUBJECT TO AUDIT)

$

PREMIUM SHOWN IS PAYABLE: AT INCEPTION $ AT EACH ANNIVERSARY $ (IF POLICY PERIOD IS MORE THAN ONE YEAR AND

PREMIUM IS PAID IN ANNUAL INSTALLMENTS)

AUDIT PERIOD (IF APPLICABLE) ANNUALLY SEMI-ANNUALLY

QUARTERLY MONTHLY

ENDORSEMENTS

ENDORSEMENTS ATTACHED TO THIS POLICY: SEE FORMS SCHEDULE

THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. Countersigned Countersigned By:

(Date) (Authorized Representative)

Included

6,268.00

Not Auditable

Specimen

PI-AM-072 (06/09)

Page 1 of 3

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SPORTS AND ENTERTAINMENT EVENT PROTECTION

The terms, conditions, exclusions and other limitations in this endorsement are solely applicable to coverage afforded by this endorsement. Throughout this endorsement, the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we," "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V. DEFINITIONS. I. COVERAGE

We will pay for the actual loss of "income" you sustain and the necessary "expenses" you incur that are a direct result of the "cancellation," "postponement," or "relocation" of a covered event.

The "cancellation," "postponement," or "relocation" must result from any one of the following: A. Incapacity, Confinement, Illness, or Death

Incapacity, confinement, illness, or death of fifty percent (50%) or more of the "participants"; unless such incapacity, confinement, illness or death is due to: 1. Any "pre-existing medical condition"; or 2. Illegal drug use, mental illness, intentionally self-inflicted injury or substance abuse.

B. Inability to Compete or Perform Fifty percent (50%) or more of the "participants" are unable to compete or perform in a covered event; unless such inability to compete or perform is due to: 1. A concern or belief that participating is inappropriate, in poor taste or a poor business decision; 2. Violation of any law; or 3. Air travel not by common carrier.

C. Adverse Weather

Weather that prevents commencement, continuation or completion of a covered event because of physical damage that occurs to the property and/or the facility used, or to be used in a covered event.

D. Civil Authority A civil authority prohibits access to a covered event due to conditions that threaten the safety of the "participants," the spectators, or those responsible for the setting up or the taking down of a

PI-AM-072 (06/09)

Page 2 of 3

covered event. The amount we will pay for expenses is limited as described in Section III. LIMITS OF INSURANCE.

II. EXCLUSIONS

We will not pay for loss caused by or resulting from any of the following:

A. Dishonest, fraudulent or criminal acts by you or your employees; B. War, whether or not declared, warlike action, insurrection, rebellion or revolution, or any related act or incident; C. Nuclear reaction or radiation, or radioactive contamination, however caused. D. Any circumstances known to any insured as of the effective date shown in the Declarations, as likely to give rise to "cancellation" or "postponement" of a covered event; E. Any financial cause of loss relating to a covered event, including but not limited to: 1. Any deficient, inadequate or reduction in anticipated attendance or ticket sales; 2. Withdrawal of funds, inadequate or insufficient finances, however caused; 3. Any financial failure of any venture, company, entity or person; 4. Any failure to maintain adequate receipts, sales or profits; 5. Any variation in the rate of exchange, including devaluation, rate of interest or stability of any currency; or 6. Any financial default, insolvency, debt or failure to pay necessary expense to any person, firm or corporation;

F. Breach of contract by any insured; G. Any inability to complete or obtain any arrangements, contractual agreements, permits or licenses, of any kind or type; H. Any construction, alteration, or demolition at the venue of a covered event;

I. Any governmental body or civil authority refusing any insured(s) or a "participant" entry or exit to

a country, or refusing any insured(s) or a "participant" entry or exit visas; III. LIMITS OF INSURANCE

The most we will pay for this coverage is $10,000 for the loss of "income" and $10,000 for "expenses" you incur for each "cancellation," "postponement," or "relocation", subject to a $30,000 annual aggregate. These limits are in addition to the applicable limits of insurance shown in the Declarations.

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IV. CONDITIONS A. Your Duties in the Event of Loss

When any insured discovers a loss or a situation that may result in a loss, you shall: 1. Make reasonable attempts to find an alternate location for a covered event if the original venue is closed or inaccessible on a covered event date; 2. Make all reasonable efforts to minimize loss such as cancelling vendors if sufficient time is available for notice; and 3. Maintain accurate records of all covered event related expenses, preparations and deposits sufficient for us to be able to verify the amount and value of your claim, and make copies of said records available to us.

B. Claim Expenses Coverages provided herein are not applicable to the generation of claim adjustment costs by you; such as fees you may incur by retaining a public adjuster or appraiser.

V. DEFINITIONS A. "Cancellation" means the inability to proceed with a covered event as planned. B. "Expenses" mean expenses you incur to commence, continue or complete a covered event, at the covered event location or at a replacement venue including: 1. Relocation expenses;

2. Costs to equip or operate the replacement venue; and 3. Costs to notify attendees of the relocation.

C. "Income" means net income (net profit or loss before income taxes) that would have been earned directly from a covered event. D. "Participant" means rostered players, athletes, performers or a performing troupe.

E. "Postponement" means the unavoidable rescheduling of a covered event due to a temporary inability to proceed as scheduled.

F. "Pre-existing medical condition" means a condition for which medical care, advice, consultation or treatment was received within one (1) year immediately preceding the start date of a covered event; or if the symptoms of the condition were present, that would have caused a reasonable person to have sought medical care, advice, consultation or treatment within the one (1) year preceding the start date of a covered event.

G. "Relocation" means the necessary re-establishment of a covered event in a replacement venue.

Specimen

POLICY NUMBER: COMMERCIAL GENERAL LIABILITYCG 21 44 07 98


CG 21 44 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 oo

LIMITATION OF COVERAGE TO DESIGNATEDPREMISES OR PROJECT

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Premises:

Project:

(If no entry appears above, information required to complete this endorsement will be shown in the Declarationsas applicable to this endorsement.)

This insurance applies only to "bodily injury", "property damage", "personal and advertising injury" and medicalexpenses arising out of:

1. The ownership, maintenance or use of the premises shown in the Schedule and operations necessary orincidental to those premises; or

2. The project shown in the Schedule.

10604755

Operations and activities of City of Allen Event Center

Specimen

POLICY NUMBER: COMMERCIAL GENERAL LIABILITYCG 21 53 01 96


CG 21 53 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 oo

EXCLUSION – DESIGNATED ONGOING OPERATIONS



SCHEDULE

Description of Designated Ongoing Operation(s):

Specified Location (If Applicable):

(If no entry appears above, information required to complete this endorsement will be shown in the Declarationsas applicable to this endorsement.)

The following exclusion is added to paragraph 2.,Exclusions of COVERAGE A – BODILY INJURYAND PROPERTY DAMAGE LIABILITY (Section I –Coverages):

This insurance does not apply to "bodily injury" or"property damage" arising out of the ongoing opera-tions described in the Schedule of this endorsement,regardless of whether such operations are conductedby you or on your behalf or whether the operationsare conducted for yourself or for others.

Unless a "location" is specified in the Schedule, thisexclusion applies regardless of where such opera-tions are conducted by you or on your behalf. If aspecific "location" is designated in the Schedule ofthis endorsement, this exclusion applies only to thedescribed ongoing operations conducted at that"location".

For the purpose of this endorsement, "location"means premises involving the same or connectinglots, or premises whose connection is interrupted onlyby a street, roadway, waterway or right-of-way of arailroad.

10604755

1) Mosh pits, crowd surfing or stage diving2) Raves

Specimen

PI-AM-013 (06/09)

Page 1 of 2


ATHLETIC OR SPORTS PARTICIPANT LEGAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART

Schedule

Limits of Insurance Each Occurrence: $ Aggregate: $ (If no entry appears above, information required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement.) A. The following is added to SECTION I – COVERAGES, SECTION I – PARTICIPANT LEGAL LIABILITY COVERAGE 1. Insuring Agreement We will pay for “participant legal liability.” Coverage includes those sums which you become legally obligated to pay because of actions brought against you for "bodily injury" or "property damage" to a "participant" while practicing for or participating in any contest or exhibition of an athletic or sports nature. The limits for “participant legal liability” are included within, and not in addition to, the limits shown on the declarations page. If an aggregate limit is shown [o]in the Schedule of this Endorsement, such aggregate is included within, and is not in addition to, any aggregate shown on the declarations page. 2. Exclusions This insurance does not apply to: a. Claims for “bodily injury” or “property damage” to any of your “employees.” b. Liability assumed under contract unless such liability would have existed in the absence of a contract.

c. Claims or actions brought by one player/athlete against another player/athlete. Coverage remains in effect for you and/or any applicable additional insured on this policy, unless you or any applicable additional insured, while acting in the capacity of player/athlete, caused the "bodily injury" or "property damage" to another player/athlete.

B. Deductible Any deductibles or self-insured retention shown elsewhere in the policy as applying to “bodily injury” and/or “property damage” shall apply to "participant legal liability.”

INCLUDED INCLUDED

PI-AM-013 (06/09)

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C. The following definitions are added to SECTION V – DEFINITIONS: 1. “Participant legal liability” is defined as those sums that the insured becomes legally obligated to pay because of actions brought against the insured for “bodily injury” or “property damage” to a “participant” while practicing for or participating in any contest or exhibition of an athletic or sports nature. 2. “Participant” means players/athletes, coaches, managers, staff members, team workers, officials, cheerleaders, media personnel, or other personnel with permission to enter a “restricted area.” 3. “Restricted area” means any area that is occupied by “participants,” and to which access to the general public is restricted or prohibited during the course of practice and/or competition.

Specimen

PI-AM-048 (12/08)

Page 1 of 1


LIMITED EXCESS FIREWORKS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART

Schedule

Per Occurrence: $ Aggregate: $

(included in and not in addition to the limits stated on the Declarations Page) It is understood and agreed that this insurance does not apply to “bodily injury,” “property damage,” or “personal and advertising injury” arising out of fireworks, unless the entity or person performing the fireworks provides evidence of applicable commercial general liability insurance coverage in the amount of at least $1,000,000 that covers fireworks, and you are named as an additional insured on the policy providing such coverage. An unintentional error on your part, in securing such evidence, will not void your coverage in the event of an occurrence involving fireworks. However, your failure to maintain an adequate system to regularly secure such evidence of insurance will void your coverage in the event of an occurrence involving fireworks. For purposes of this endorsement, fireworks mean any display of explosive or burning devices, material or pyrotechnics. Fireworks do not include the firing of an explosive commonly used to start an event or flashboxes, which are induced electronically in a cylinder with no projectile, wadding or wrapping. It is further understood and agreed that SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, b. Excess Insurance, (1) is amended to include the following: (e) That is insurance which provides coverage for fireworks. All other terms and conditions remain unchanged.

INCLUDED INCLUDED

Specimen

PI-AM-057 (12/08)

Page 1 of 1


PARTICIPANT LEGAL LIABILITY – ACCIDENT MEDICAL WARRANTY

This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART

Schedule

Catastrophic Medical Insurance

Limits no less than: $ Specified Athletic Activity: (If no entry appears above, information required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement.)

A. In order for there to be coverage for “bodily injury” to “player participants,” hereafter referred to as “Participant Legal Liability” coverage under this policy, Catastrophic Medical Insurance for the specified athletic activity and at no less than the limit shown in the Schedule above must be in full force and effect at the time of the “occurrence” giving rise to a claim under this policy. Failure to maintain coverage on all “player participants” in the Specified Athletic Activity shown in the Schedule above will fully void "participant legal liability" coverage with respect to any “player participants.”

B. For purposes of this endorsement, it is understood and agreed that “player participant” means

any individual while practicing for or participating in a sport or athletic activity specified above.

25,000

Any and all amateur athletic activities conducted directly by the insured.

Specimen

PI-AM-066 (10/06)

Page 1 of 1


AGGREGATE LIMIT – PER EVENT ANTI-STACKING PROVISION



This endorsement amends the Aggregate Limit in each of the aforementioned coverage forms as follows:

The Aggregate Limit identified under Section III – Limits of Insurance shall apply separately to each Event insured under this policy, as the total aggregate amount of coverage available for claims arising from that Event regardless of the number of occurrences, claimants, or defendants. An Event’s limits of liability are not available for any other Event covered under this policy. Under no circumstances will the Aggregate Limit for any one Event be added and/or stacked to the Aggregate Limit available for another Event.

For the purposes of this endorsement, the term “Event” means:

All other terms, conditions, provisions, and exclusions of the policy remain unchanged.

I, having full authority to act on behalf of the organization’s insurance program, fully understand the intent of this endorsement.

______________________ ________________________ ____________ Signature Title Date

Any performance, presentation, or contest, including rehearsals, set-up, and take-down forwhich a separate ticket or admittance is required.

Specimen

PI-AS-002 (04/04)

Page 1 of 1


WAIVER AND RELEASE SYSTEM

This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART You must maintain a system to regularly secure signed Waiver and Release forms from participants allowed to enter restricted areas and to prevent restricted area credentials from being issued before participants have properly signed and executed the Waiver and Release forms. For minor participants (under eighteen [18] years of age), you must always maintain a system to secure valid Minor Waiver and Release forms signed by the parent or legal guardian. Unintentional error on your part in securing Waiver and Release or Minor Waiver and Release forms will not void your coverage in the event of an “occurrence” to a participant. However, your failure to maintain an adequate system to regularly secure Waiver and Release or Minor Waiver and Release forms will void your coverage in the event of an “occurrence” to the participant. When you notify us of an “occurrence” involving a participant, you will also provide us with a valid Waiver and Release form that has been signed and dated by the participant prior to the time of the “occurrence”. If the participant is a minor (under eighteen [18] years of age), you will provide us with a valid Minor Waiver and Release form that has been signed by the parent(s) or legal guardian(s) of the minor participant.

Specimen

PI-AS-012 (04/04)

Page 1 of 1

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

EXCLUSION – MISCELLANEOUS RECREATIONAL EXPOSURES

This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Each exclusion indicated by an “X” is added to the policy: This insurance does not apply to “bodily injury”, “property damage”, or “personal and advertising injury”: _____ Aircraft / Hot Air Balloon

Arising out of the ownership, operation, maintenance, use, loading, or unloading of any flying craft or vehicle, including, but not limited to, any aircraft, hot air balloon, glider, parachute, helicopter, missile or spacecraft.

_____ Airport

Arising out of the ownership, operation, maintenance or use of any airfield or airport facility or premises.

_____ Motorized Vehicle / Motorcycle / Watercraft / Power Boat

Arising out of the ownership, maintenance, use, entrustment to others, loading or unloading in practicing for, qualifying for or testing for any racing, speed, demolition or stunting activity which involves any motorized vehicle, including, but not limited to, any “auto”, “mobile equipment”, motorcycle, snowmobile, watercraft or powerboat.

_____ Sailboat

Arising out of the ownership, operation, maintenance, use, loading or unloading in practicing for, qualifying for or testing for any racing, speed, demolition or stunting activity which involves any sailboat. This exclusion does not apply to sailboat racing that an insured performs in the regular course of instruction.

_____ Snow Sled

Arising out of the ownership, operation, maintenance, use, loading or unloading of any equipment or device used for snow sledding, including, but not limited to, any inflatable tube, saucer, sled, toboggan or bobsled. This exclusion does not apply when such equipment or device is used by you, your employee or ski patrol to provide emergency rescue or first aid.

_____ Leased/Loaned/Rented Recreational Vehicle

Arising out of the ownership, operation, maintenance, use, loading or unloading of any recreational vehicle, including, but not limited to, any motor-home, boat, personal watercraft, golf cart, snowmobile, motorcycle, or all-terrain vehicle when leased, loaned or rented to others.

_____ Saddle Animal

Arising out of the ownership, operation, maintenance, use, loading or unloading of any saddle animal, including, but not limited to, riding on any saddle animal or riding on any vehicle which is drawn or powered by any animal.

_____ Snowmobile

Arising out of the ownership, operation, maintenance, use, loading or unloading of any snowmobile.

X

Specimen

PI-AS-013 (04/04)

Page 1 of 2


EXCLUSION – MISCELLANEOUS ACTIVITIES AND DEVICES

This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Each exclusion indicated by an “X” is added to the policy: This insurance does not apply to “bodily injury”, “property damage”, or “personal and advertising injury”:

_____ Inverted Aerial Maneuver

Arising out of the attempt to perform or performance of any inverted aerial maneuver by a skier from a jump: 1. Built by you or on your behalf; or 2. Built on your premises with your permission or knowledge.

_____ Amusement Device

Arising out of the ownership, operation, maintenance, supervision, or use of any amusement device.

For purposes of this exclusion, amusement device means any device or equipment a person rides for enjoyment, including, but not limited to, any mechanical or non-mechanical ride, slide, water slide (including any ski or tow when used in connection with a water slide), moonwalk or moon bounce, bungee operation or equipment. Amusement device also includes any vertical device or equipment used for climbing – either permanently affixed or temporarily erected. Amusement device does not include any video arcade or computer game.

_____ Bungee

Arising out of the ownership, operation, maintenance, supervision, or use of any bungee operation or equipment whether owned, operated, maintained or used by you, any other insured or any other person or entity.

_____ Trampoline

Arising out of the ownership, operation, maintenance, supervison, or use of any trampoline whether owned, operated, maintained or used by you, any other insured or any other person or entity.

For purposes of this exclusion, trampoline includes any rebounding device except those which are four feet or less in diameter and whose surface is no more than two feet above floor level.

_____ Grass Skiing

Arising out of grass skiing. _____ Animals

Arising out of injury or death to any animal. _____ Object Propelled

Arising out of any object propelled, whether intentionally or unintentionally, into a crowd by or at the direction of a “participant” or insured.

_____ “Participant”

Arising out of the involvement of a participant in any activity, event or exhibition, including, but not limited to, any contest, physical training, sport, event, athletic activity, martial arts or stunt.

PI-AS-013 (04/04)

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_____ Rodeo

Arising out of any rodeo activity, including, but not limited to, bronco or bull riding, steer roping, team roping, barrel racing or horseback riding.

_____ Concert

Arising out of a concert, show, or theatrical event.

_____ Performer Arising out of the involvement of any performer during any activity, event or exhibition, including, but not limited to any stunt, concert, show or theatrical event.

DEFINITION OF PARTICIPANT For purposes of this endorsement, participant means any person who is participating, practicing, or is otherwise involved in an activity, event or exhibition.

X

Specimen

PI-AS-020 TX (07/04)

Page 1 of 2


ABUSE OR MOLESTATION EXCLUSION ABUSE OR MOLESTATION SUBLIMIT

This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1) Except to the extent coverage is provided in (2) below, this insurance does not apply to "bodily injury",

"property damage", "personal and advertising injury" , or any other "injury", arising out of:

(a) the actual or threatened abuse or molestation by anyone of any person while in the care, custody or control of any insured, or

(b) the negligent

(i) employment; (ii) investigation; (iii) supervision; (iv) reporting to the proper authorities, or failure to so report; or (v) retention; of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by (a) above.

For the purposes of this endorsement, abuse means an act which is committed with the intent to cause harm. This exclusion shall apply regardless of the legal form any "suit" may take. As an example, this insurance shall provide no coverage for a claim alleging that an insured was negligent or in breach of contract due to the hiring of an employee accused of sexual abuse.

2) (a) If a limit of liability is shown in item b below, the above exclusion shall not apply, subject to the

following additional conditions:

1) The most we will pay for a claim otherwise excluded in Item 1 above is the Limit of Liability stated in this endorsement.

2) We will pay the cost of defending a "suit" otherwise excluded in Item 1 above, but the most we will pay is the Limit of Liability stated in this endorsement.

3) We will not pay any claim or defense cost on behalf of any person who personally takes part in inflicting physical or sexual abuse, sexual molestation, sexual exploitation or sexual injury upon another person; or

On behalf of any person who remains passive upon gaining knowledge of any alleged physical or sexual abuse, sexual molestation, sexual exploitation, or sexual injury committed by an employee or volunteer of the insured.

PI-AS-020 TX (07/04)

Page 2 of 2

(b) Limit of Liability: (Limits apply separately to 2(a)(1) and 2(a)(2) above.)

______________ per person abused or molested regardless of the number of incidents involving that person; ______________ aggregate per policy period.

Multiple incidents of abuse or molestation involving a person which take place over multiple policy periods for which this coverage is provided by us shall be deemed as one occurrence and shall be subject to the coverage and limits in effect at the time of the first incident.

Payment under this coverage shall be included in the General Aggregate Limit as stated in Section III - Limits of Insurance, Part 2. All other provisions of Section III - Limits of Insurance do not apply to coverage defined in this endorsement.

$ 1,000,000

$ 2,000,000

Specimen

PI-EK-006 (12/08)

Page 1 of 1


ARTIST OR PERFORMER CONTRACTUAL LIABILITY LIMITATION

This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART This insurance does not apply to any insured’s contractual obligation to defend and/or indemnify any artist, performer or members of their crew, for any claim arising from their negligent acts, brought by any other artist, performer, representative or furnishing company relating thereto, for “bodily injury” to: 1. Any spectator; 2. Any artist or performer; or 3. Members of the artist’s or performer’s crew. This limitation applies only if you, the insured, are the promoter of the event.

Specimen

PI-EK-007 (12/08)

Page 1 of 1


LIMITED EXCESS AMUSEMENT DEVICE COVERAGE

This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to “bodily injury,” property damage,” or “personal and advertising injury,” arising out of any “amusement device,” unless the owner, entity, or person operating the “amusement device” provides evidence of applicable Commercial General Liability insurance that covers the “amusement device,” the riders, and the spectators, for an amount no less than $1,000,000. You must be named as an additional insured on the policy providing such coverage. An unintentional error on your part in securing such evidence will not void your coverage in the event of an occurrence involving “amusement devices.” However, your failure to maintain an adequate system to regularly secure such evidence of insurance will void your coverage in the event of an occurrence involving “amusement devices.” This insurance shall be excess of the applicable insurance of the owner, entity, or person operating the “amusement device.” If the owner, entity or person operating the “amusement device” is you, no coverage applies unless the “amusement device” has been specifically endorsed onto the policy. “Amusement device” means any device or equipment a person rides for enjoyment, including but not limited to any mechanical or non-mechanical ride, slide, water slide (including any ski or tow when used in connection with a water slide), rock climbing wall operation or equipment, or bungee operation or equipment. “Amusement device” does not include any video arcade, inflatable play equipment, or computer games.

Specimen

PI-EK-008 (12/08)

Page 1 of 1


LIMITED EXCESS PERFORMER COVERAGE

This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to “bodily injury,” property damage,” or “personal and advertising injury” caused by any performer, unless the performer or promoter of the event provides evidence of applicable Commercial General Liability insurance that covers their liability to the performers and spectators of the event, for an amount no less than $1,000,000. You must be named as an additional insured on the policy providing such coverage. An unintentional error on your part in securing such evidence will not void your coverage in the event of an occurrence involving a performer. However, your failure to maintain an adequate system to regularly secure such evidence of insurance will void your coverage in the event of an occurrence involving a performer. This insurance shall be excess of the applicable insurance of the performer, or entity or person promoting/conducting the event. If the promoter/conductor of the event is you, this limitation does not apply.

Specimen

PI-GLD-EK (06/09)

Page 1 of 6

© 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission.


GENERAL LIABILITY DELUXE ENDORSEMENT: PERFORMING ARTS AND ENTERTAINMENT

This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverage provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.

Coverage Applicable Limit of Insurance Page #

Damage to Premises Rented to You $1,000,000 2

Property Damage to a Leased Facility $1,000,000 2

Expected or Intended Injury – Property Damage Included 3

Pesticide or Herbicide Applicator Coverage Included 3

Non-Owned Watercraft Less than 58 feet 3

Personal Property in Your Care, Custody or Control $5,000 3

Supplementary Payments – Bail Bonds $2,500 3

Supplementary Payments – Loss of Earnings $500 per day 3

Employee Indemnification Defense Coverage $25,000 3

Who Is An Insured Additional Insured – Newly Acquired or Formed Organization Additional Insured – Broadened Named Insured Additional Insured – Blanket Additional Insureds When Required by Contract

Included 4

Duties in the Event of Occurrence, Offense, Claim or Suit Included 4

Transfer of Rights of Recovery Against Others To Us Clarification 5

Liberalization Included 5

Unintentional Failure to Disclose Hazards Included 5

Bodily Injury – Includes Mental Anguish Included 5

Personal and Advertising Injury – Includes Abuse of Process, Discrimination

Included

5

PI-GLD-EK (06/09)

Page 2 of 6


A. Damage to Premises Rented to You If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part: 1. The Damage To Premises Rented To You Limit section of the Declarations is amended to the

greater of: a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.

This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof;

2. The word fire is changed to fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in:

a. The last paragraph of SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND

PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; b. SECTION III – LIMITS OF INSURANCE, Paragraph 6.; and c. SECTION V – DEFINITIONS, Paragraph 9.a.; and 3. The words fire insurance are changed to insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance.

B. Property Damage to a Leased Facility

SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,1. Insuring Agreement is amended to include the following coverage: We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" to any arena, coliseum, stadium, bowl, hippodrome, or any facility used by you for any insured event. This insurance does not apply to: 1. “Property damage” to floors, decks, pavements, lawns, rugs, or artificial floor coverings; or 2. Liability for damage to or destruction of property resulting from your failure to provide reasonable

and proper care of property used by you. The most we will pay on behalf of the insured, under this extension is $1,000,000 per "occurrence." This limit is included in, and not in addition to the applicable limits shown in the Declarations. If other valid and collectible insurance is available to you for a “property damage” loss subject to the

terms of this extension, the insurance provided herein is excess of such other insurance, whether primary, excess, contingent, or on any other basis. Even though provided on an excess basis, in no event will coverage herein exceed the stated Each Occurrence Limit and will remain subject to the Deductible, if any, shown in the Declarations.

PI-GLD-EK (06/09)

Page 3 of 6


C. Expected or Intended Injury – Property Damage

SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following:

a. Expected or Intended Injury

“Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property.

D. Pesticide or Herbicide Applicator Coverage With respect to maintenance of the facilities owned or leased to you, SECTION I – COVERAGES,

COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, f. Pollution, Paragraph (1)(d) does not apply if the operations meet all standards of any statute, ordinance, regulation or license requirement of any federal, state or local government which apply to those operations. However, Paragraphs (i), (ii), and (iii) apply regardless.

E. Non-Owned Watercraft

SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, g. Aircraft, Auto Or Watercraft, Paragraph (2) is amended to read as follows:

(2) A watercraft you do not own that is: (a) Less than 58 feet long; and

(b) Not being used to carry persons or property for a charge;

This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent.

F. Personal Property in Your Care, Custody or Control SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage To Property, Paragraph (4) does not apply. The most we will pay on behalf of the insured, under this extension is $5,000 per "occurrence." This limit is included in, and not in addition to the limits shown in the Declarations. G. Supplementary Payments SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B, Items 1.b. and 1.d. are amended as follows:

b. The limit for the cost of bail bonds is changed from $250 to $2,500; and

d. The limit for loss of earnings is changed from $250 a day to $500 a day. H. Employee Indemnification Defense Coverage SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is

PI-GLD-EK (06/09)

Page 4 of 6


amended to include the following:

We will pay, on your behalf, defense costs incurred by an “employee” in a criminal proceeding. The most we will pay for any “employee” who is directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees," claims or “suits” brought or persons or organizations making claims or bringing “suits.”

I. Who is An Insured SECTION II – WHO IS AN INSURED is amended as follows: 1. Newly Acquired or Formed Organization If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is amended to read: a. Coverage under this provision is afforded until the end of the policy period; 2. Each of the following is also an insured: a. Broadened Named Insured – Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. b. Blanket Additional Insureds When Required by Contract – Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations. J. Duties in the Event of Occurrence, Offense, Claim or Suit 1. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 2.a. the requirement that

you must see to it that we are notified as soon as practicable of an “occurrence” or an offense, applies only when the “occurrence” or offense is known to:

a. You, if you are an individual; b. A partner, if you are a partnership; or c. An "executive officer" or insurance manager, if you are a corporation. 2. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. b. the requirement that you must see to it that we receive notice of a claim or “suit” as soon as practicable will not be considered breached unless the breach occurs after such claim or “suit” is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or

PI-GLD-EK (06/09)

Page 5 of 6


c. An "executive officer" or insurance manager, if you are a corporation. K. Transfer of Rights of Recovery Against Others To Us

SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 8. Transfer of Rights of Recovery Against Others To Us includes the following clarification:

Therefore, the insured can waive the insurer’s rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract.

L. Liberalization

SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to include: 10. Liberalization If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.

M. Unintentional Failure To Disclose Hazards

SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to include: 11. Unintentional Failure To Disclose Hazards It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.

N. Bodily Injury – Mental Anguish SECTION V – DEFINITIONS, Paragraph 3. is amended to read: “Bodily injury”: a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. O. Personal and Advertising Injury – Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not

otherwise excluded from this Coverage Part, the definition of “personal and advertising injury” is amended as follows:

1. SECTION V – DEFINITIONS, Paragraph 14., Item b. is revised to read: b. Malicious prosecution or abuse of process; 2. SECTION V – DEFINITIONS, Paragraph 14. is amended to include the following:

PI-GLD-EK (06/09)

Page 6 of 6


“Personal and advertising injury” also means discrimination based on race, color, religion, sex, age or national origin, except when:

a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; or b. Directly or indirectly related to the employment, former or prospective employment,

termination of employment, or application for employment of any person or persons by an insured; or

c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sale, rental,

lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy,

legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination.

Specimen

PI-MANU-1 (01/00)


All other terms and conditions of this Policy remain unchanged.



It is understood and agreed that this insurance does not apply to "bodily

injury", "property damage", or "personal and advertising injury" arising out

of Motor Sports Events or Rap/Hip-Hop, Heavy Metal, or Punk concert Events

or Fighting Events unless the entity or person promoting/conducting the

Events provides evidence of valid commercial general liability insurance

coverage in the amount of at least $1,000,000 that covers them for their

liability to the participants and spectators of the Events and you are named

as an additional insured on the policy providing such coverage.

Unintentional error on your part in securing such evidence will not void

your coverage in the event of an occurrence involving Motor Sports Events or

Rap/Hip-Hop, Heavy Metal, or Punk concert Events or Fighting Events.

However, your failure to maintain an adequate system to regularly secure

such evidence of insurance will void your coverage in the event of an

occurrence involving Motor Sports Events or Rap/Hip-Hop, Heavy Metal, or

Punk concert Events or Fighting Events.

It is further understood and agreed that this insurance shall be excess of

the insurance of the entity or person promoting/conducting the Events.

It is further understood and agreed that if the promoter/conductor of the

Events is you, no coverage applies unless the Event has been specifically

endorsed to the policy.

Page 1 of 1

LIMITED EXCESS MOTORSPORTS,RAP/HIP-HOP,HEAVY METAL,PUNK OR FIGHTING EVENT

Specimen

PI-MANU-1 (01/00)





It is understood and agreed that forms PI-AS-002(04/2004)- WAIVER AND

RELEASE SYSTEM and PI-AM-057 (12/08) - PARTICIPANT LEGAL LIABILITY -

ACCIDENT MEDICAL WARRANTY only apply to participants in amateur athletic

activities conducted directly by the insured.

These restrictions do not apply to the following:

1. Public Skating;

2. Participants in amateur athletic activities conducted by third parties;

Page 1 of 1

WAIVER & RELEASE SYSTEM AND ACCIDENT MEDICAL WARRANTY AMENDMENT

Specimen

PI-MANU-1 (01/00)




LIQUOR LIABILITY COVERAGE FORM

Under SECTION IV - LIQUOR LIABILITY CONDITIONS, Condition 4. Other Insurance

is deleted in its entirety and replaced with the following:

4. Other Insurance

If other valid and collectible insurance is available to the insured

for a loss we cover under this Coverage Part, our obligations are

limited as follows:

This insurance shall be excess over any of the other insurance,

whether primary, excess contingent or on any other basis.

Page 1 of 1

PI-AM-020 (08/06) - CHANGES IN OTHER INSURANCE CONDITION

PROPOSAL FOR INSURANCE Quotation Number: Proposal Date:

Named Insured and Mailing Address: Producer:

Contact: Phone:

Fax: Insurer:

Policy Period From: To: Proposal Valid Until: at 12:01 A.M. Standard Time at your mailing address shown above.

Product: Submission Type: PHLY Representative: PHLY Representative Phone: Email:

Underwriter: Underwriter Phone: Email:

IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO EXTEND INSURANCE AS STATED IN THIS PROPOSAL.

THIS PROPOSAL CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.

PREMIUM

Umbrella Liability Coverage

TOTAL



114071

(214)227-9377

08/19/201708/19/2017

08/19/2018

$ 13,393.00

$ 13,393.00

07/26/2017

Dean Insurance Group5600 Tennyson Pkwy Ste 285Plano, TX 75024

Alex Dean

Kearns, Thomas J.

Goff, Lance R.

10627155

Professional Sports Package Umbrella Renewal Business

(999)999-9999

City of Allen Event Center305 Century PkwyAllen, TX 75013-8042

Bill Plan Options:

All Bill Plans are subject to a minimum installment of $500

_25% Down and 9 Installments - Combined premium must be $6,000 and up_25% Down and 5 Installments - Combined premium must be at least $3,333_25% Down and 3 Installments - Combined premium must be at least $2,000_50% Down and 2 Installments - Combined premium must be at least $2,000_12 equal installments available only on Auto Rental/Leasing policies_Premiums under $2,000 are Fixed Annual billing

(469) 221-7932

(610) 668-7253 [email protected]

[email protected]

Any taxes, fees or surcharges included in the total premium shown on the proposalare not subject to installment billing.


The producer placing this policy may receive commission and additional underwriting profit share incentives. These incentives are based on the underwriting performance of this producer’s book of business. Any questions about the nature of this compensation should be directed to the producer. In order to complete the underwriting process, we require that you send us the additional information requested in the “conditions” section of this proposal. We are not required to bind coverage prior to our receipt, review and underwriting approval, of said additional information. However, if we do bind coverage, it shall be for a temporary period of not more than 30 days. Such temporary binding of coverage shall be void ab initio (“from the beginning”) if we have not received, reviewed and approved in writing such materials within 15 days from the effective date of the temporary binder. This 30 day temporary conditional binder may be extended only in writing signed by the Insurer. Payment of premium shall not operate to extend the binding period or nullify the automatic voiding as described above. This quotation is strictly conditioned upon no material change in the risk occurring between the date of this proposal and the inception date of the proposed policy (including any claim or notice of circumstances that which may reasonably expected to give rise to a claim under any policy of which the policy being proposed by this letter is a renewal or replacement). In the event of such change in risk, the Insurer may in its sole discretion, whether or not this quotation has been already accepted by the Insured, modify and/or withdraw this quotation. Subject to the terms and conditions outlined above and prior to the quote expiration date, this quote may be bound by signing and dating below and by initialing, on the previous page, the option to be bound. This form will then act as the binder of coverage for 30 days from the date signed and may be distinguished by the Quotation number on page 1. This binder is only valid for 30 days.

No coverage is afforded or implied unless shown in this proposal. This proposal does not constitute a binder of insurance. This proposal is strictly limited to the terms and conditions herein. Any other coverage extensions, deletions or changes requested in the submission are hereby rejected.

Signature of Authorized Insurance Representative Date


Page 1 of 2

PI-UMTER-DN (01/15)

PHILADELPHIA INSURANCE COMPANIES

DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE REJECTION OPTION

Terrorism Premium (Certified Acts) $ 0

You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance

coverage for losses resulting from acts of terrorism. As defined in Section 102(1) of the Act: The term “act of terrorism” means

any act or acts that are certified by the Secretary of the Treasury—in consultation with the Secretary of Homeland Security,

and the Attorney General of the United States—to be an act of terrorism; to be a violent act or an act that is dangerous to

human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the

case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual

or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the

conduct of the United States Government by coercion.

YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85% THROUGH 2015; 84% BEGINNING ON JANUARY 1, 2016; 83% BEGINNING ON JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81% BEGINNING ON JANUARY 1, 2019 and 80% BEGINNING ON JANUARY 1, 2020, OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.

YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS’ LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED.

We will issue (or have issued) your policy with terrorism coverage unless you decline by placing an “X” in the box below.

NOTE: You will want to check with entities that have an interest in your organization as they may require that you maintain terrorism coverage (e.g. mortgagees).

I decline to purchase terrorism coverage. I understand that I will have no coverage for losses arising from ‘certified’ acts of terrorism, EXCEPT as noted above.

Page 2 of 2

PI-UMTER-DN (01/15)

You, as the Insured, have 30 days after receipt of this notice to consider the selection/rejection of “terrorism” coverage. After this 30 day period, any request for selection or rejection of terrorism coverage WILL NOT be honored.

REQUIRED IN GA – LIMITATION ON PAYMENT OF TERRORISM LOSSES (applies to policies which cover terrorism losses insured under the federal program, including those which only cover fire losses): The provisions of the Terrorism Risk Insurance Act, as amended, can limit our maximum liability for payment of losses from certified acts of terrorism. That determination will be based on a formula set forth in the law involving the national total of federally insured terrorism losses in an annual period and individual insurer participation in payment of such losses. If one or more certified acts of terrorism in an annual period causes the maximum liability for payment of losses from certified acts of terrorism to be reached, and we have satisfied our required level of payments under the law, then we will not pay for the portion of such losses above that maximum. However, that is subject to possible change at that time, as Congress may, under the Act, determine that payments above the cap will be made.

NAMED INSURED: _______________________________________________________

INSURED’S SIGNATURE: __________________________________________________

DATE: ________________________

City of Allen Event Center


FORM SCHEDULE



Recurring Payment FlyerBJP-190-1PI-Notice TXPP2015

PI-CXL-TX-NOTICE 1PI-CXL-TX-NOTICE 2PI-CXL-002PI-CXL-001PI-CXL-004PI-CXL-006PI-CXL-007 TXPI-CXL-008 TXPI-CXL-014PI-CXL-032PI-CXL-039PI-CXL-042

PI-CXL-068PI-CXL-075PI-CXL-088PI-CXL-099PI-CXL-TX 1PI-CXL-TX 2PI-UMTER-DN

1212129801130615

011310140413031409120912121206160912091201150516

0912031403140116121212120115

Recurring Payment FlyerCommercial Lines Policy JacketImportant NoticePrivacy Policy Notice

Asbestos Exclusion Disclosure NoticeLead Liability Exclusion Disclosure NoticeCommercial Umbrella Liability Ins Policy DeclarationsCommercial Umbrella Liability Insurance PolicyDirectors And Officers Liability ExclusionEmployers Liability (Stop Gap) ExclusionAbuse Or Molestation ExclusionAutomobile Coverage ExclusionSubsidence ExclusionFungi Or Bacteria ExclusionCap On Losses From Certified Acts Of TerrorismLiquor Liability Coverage Sublimit[Aggregate Limit: 5,000,000][Each Common Cause Limit: 5,000,000]Employee Benefits Liability ExclusionLead Liability ExclusionAccess Or Disclosure Of Confidential Info W/ExceptionRecording And Distribution Of Material Or InformationTexas ChangesTexas Changes - Cancellation And Nonrenewal ProvisionsDisclosure Notice Of Terrorism Ins Cov Rejection Opt


UMBRELLA LIABILITY Total:

Includes Total Taxes of:

LIMITS OF INSURANCE

EACH OCCURRENCE LIMIT (LIABILITY COVERAGE)

$

PERSONAL & ADVERTISING INJURY LIMIT $ Any one person or organization

PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT $

GENERAL AGGREGATE LIMIT (LIABILITY COVERAGE) (except with respect to Auto Liability and Products Completed Operations)

$

RETAINED LIMIT

RETAINED LIMIT: $


5,000,000

5,000,000

10,000

Not Applicable

$ 13,393.00

5,000,000

5,000,000

SCHEDULE OF UNDERLYING INSURANCE

Employers' Liability

Company:

Policy Number:

Policy Period:

Minimum Applicable Limits

Bodily injury by accident $ Each Accident

Bodily injury by disease $ Each Employee

Bodily injury by disease $ Policy Limit

Commercial General Liability Occurrence Claims-Made

Company:

Policy Number:

Policy Period:

Retroactive Date:

Minimum Applicable Limits:

General Aggregate $

Products-Completed Operations Aggregate $

Personal And Advertising Injury $

Each Occurrence $

Commercial Auto Liability

Company:

Policy Number:

Policy Period:


Garage Aggregate Limit For Other Than Autos (if applicable)

$

Each Accident $

Professional Liability Occurrence Claims-Made

Company:

Policy Number:

Policy Period:

Retroactive Date:


$

$


08/19/2017 08/19/2018Not Applicable

X

1,000,000 1,000,000

3,000,000

3,000,000

Employee Benefits Liability Occurrence Claims-Made

Company:

Policy Number:

Policy Period:

Retroactive Date:


$

$

Abuse or Molestation Occurrence Claims-Made

Company:

Policy Number:

Policy Period:

Retroactive Date:


$

$

Directors & Officers Liability Occurrence Claims-Made

Company:

Policy Number:

Policy Period:

Retroactive Date:


$

$

Liquor Liability Occurrence Claims-Made

Company:

Policy Number:

Policy Period:

Retroactive Date:


$

$


08/19/2017 08/19/2018Not Applicable

X

Each Occurrence 1,000,000

Aggregate 1,000,000

Watercraft Liability Occurrence Claims-Made

Company:

Policy Number:

Policy Period:

Retroactive Date:


$

$

Other Coverages Not Included in Above Occurrence Claims-Made

Company:

Policy Number:

Policy Period:

Retroactive Date:


$

$

Taxes, Surcharges, and Fees Notice

*Note: The above proposal may not account for local taxes, Surcharges, and/or fees mandated by the State in which you/your business operate(s). The final policy will include a description of how local taxes, surcharges and fees, if applicable, have been allocated as determined by the risk location. Please contact a PHLY representative if you have any questions.

Specimen

PI-CXL-006 (09/12)

Page 1 of 1


EMPLOYERS’ LIABILITY (STOP GAP) EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY INSURANCE POLICY SECTION I – COVERAGES, 3. Exclusions is amended to include the following additional exclusion: This insurance does not apply to any liability for “bodily injury,” disability or shock, including death at any time resulting from any of these, and, if arising out of the foregoing mental anguish or mental injury sustained by: 1. An “employee” of the insured arising out of and in the course of employment by the insured; or 2. The spouse, child, parent, brother or sister of that “employee” as a consequence of 1. above. This exclusion applies: a. Whether the insured may be liable as an employer or in any other capacity; and b. To any obligation to share damages with or repay someone else who must pay damages

because of the injury.

Specimen

PI-CXL-007 TX (12/12)

Page 1 of 1


ABUSE OR MOLESTATION EXCLUSION

This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY INSURANCE POLICY SECTION I – COVERAGES, 3. Exclusions is amended to include the following additional exclusion: This insurance does not apply to any liability, damage, loss, cost or expense arising out of: 1. The actual or threatened abuse or molestation by anyone of any person while in the care, custody or control of any insured; 2. The negligent: a. Employment; b. Investigation; c. Supervision; d. Reporting to proper authorities, or failure to so report; or e. Retention; of a person for whom any insured is or ever was legally responsible or for whom any insured may have assumed the liability; and whose conduct would be excluded by 1. above; or 3. Any applicable coverage provided in the “underlying insurance.” For the purposes of this endorsement, abuse means an act which is committed with the intent to cause harm.

Specimen

PI-CXL-008 TX (06/16)

PI-CXL-008 TX (06/16) Page 1 of 1


AUTOMOBILE COVERAGE EXCLUSION

This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY INSURANCE POLICY SECTION I – COVERAGES, 3. Exclusions, h. Auto Coverages, is deleted in its entirety and replaced with the following: This insurance does not apply to any liability, damage, loss, cost or expense arising out of: (1) the ownership, operation, maintenance, use, “loading or unloading” or entrustment to others of an “auto” when coverage is not included in any “underlying insurance;” and (2) any first party physical damage coverage; no-fault law; personal injury protection or auto medical payment coverage; or uninsured or underinsured motorist law. In addition, any other auto liability exclusions contained in the applicable “underlying insurance” shown in the Schedule of Underlying shall apply.

Specimen

PI-CXL-014 (09/12)

Page 1 of 1


SUBSIDENCE EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY INSURANCE POLICY SECTION I – COVERAGES, 3. Exclusions is amended to include the following additional exclusion: This insurance does not apply to any liability, damage, loss, cost or expense, whether direct or indirect, arising out of, caused by, resulting from, contributed to or aggravated by the subsidence of land, including any: settling, expansion, sinking, slipping, falling away, tilting, caving in, shifting, eroding, mud flow, rising, or any other movement of land or earth if any of the foregoing emanate from the operations of the insured or any other person for whose acts the insured is legally liable.

Specimen

PI-CXL-032 (09/12)

Page 1 of 1

Includes copyrighted material of the Insurance Services Office Inc., with permission.


FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY INSURANCE POLICY A. SECTION I – COVERAGES, 3. Exclusions is amended to include the following additional exclusion:

This insurance does not apply to:

Fungi or Bacteria 1. “Bodily injury,” “property damage,” or “personal and advertising injury” which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any “fungi” or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. 2. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, “fungi” or bacteria, by any insured or by any other person or entity. This exclusion does not apply to any “fungi” or bacteria that are, are on, or are contained in, a good or product intended for bodily consumption.

B. SECTION V – DEFINITIONS is amended to include the following additional definition: “Fungi” means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi.

Specimen

Philadelphia Indemnity Insurance Company PI-CXL-042 (05/16)

PI-CXL-042 (05/16)

Page 1 of 1


LIQUOR LIABILITY COVERAGE SUBLIMIT

Schedule LIQUOR LIABILITY COVERAGE SUBLIMITS:

Each Common Cause Limit $ Aggregate Limit $ This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY INSURANCE POLICY This policy is intended to include Liquor Liability Coverage, but only with the limits set forth in the Schedule above. These limits are included within, and not excess of, nor in addition to the Limits of Insurance stated in the Declarations. The Liquor Liability Coverage provided will follow the same provisions, exclusions and limitations that are contained in the applicable “underlying insurance” shown in the Schedule of Underlying Insurance unless otherwise directed by this policy, or an endorsement to this policy. To the extent such provisions differ or conflict, the provisions of this policy will apply. However, the coverage provided under this policy will not be broader than that provided by the applicable “underlying insurance.” Any per location or per project aggregate limit of insurance that is extended in the applicable “underlying insurance” shown in the Schedule of Underlying Insurance will not apply to the coverage provided by this endorsement. All other terms and conditions of this policy remain unchanged.

5,000,000 5,000,000

Specimen

PI-CXL-068 (09/12)

Page 1 of 1 Includes copyrighted material of Insurance Services Offices, Inc.., with permission.


EMPLOYEE BENEFITS LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY INSURANCE POLICY A. SECTION I – COVERAGES, 3. Exclusions is amended to include the following additional exclusion: This insurance does not apply to any liability, damage, loss, cost or expense arising out of an act, error or omission committed in the “administration” of your “employee benefit program.” B. SECTION V – DEFINITIONS is amended to include the following additional definitions: 1. “Administration” means: a. Providing information to “employees,” including their dependents and beneficiaries, with respect to eligibility for or scope of “employee benefit programs”; b. Handling records in connection with the “employee benefit program”; or c. Effecting, continuing or terminating any “employee’s” participation in any benefit included in the “employee benefit program.” 2. “Cafeteria plan” means plans authorized by applicable law to allow “employees” to elect to pay for certain benefits with pre-tax dollars. 3. “Employee benefit program” means a program providing some or all of the following benefits to “employees,” whether provided through a “cafeteria plan” or otherwise: a. Group life insurance, group accident or health insurance, dental, vision and hearing plans, and flexible spending accounts; b. Profit sharing plans, employee savings plans, employee stock ownership plans, pension

plans and stock subscription plans; c. Unemployment insurance, social security benefits, workers’ compensation and disability benefits; d. Vacation plans, including buy and sell programs; leave of absence programs, including military, maternity, family and civil leave; tuition assistance plans; transportation and health club subsidies; and e. Any other similar benefits.

Specimen

PI-CXL-075 (03/14)

Page 1 of 1


LEAD LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY INSURANCE POLICY SECTION I – COVERAGES, 3. Exclusions is amended to include the following additional exclusion: This insurance does not apply to any liability, damage, loss, cost or expense arising out of: a. Exposure to or existence of lead, paint containing lead, or any other material or substance containing lead; b. Manufacture, distribution, sale, resale, rebranding, installation, repair, removal, encapsulation, abatement, replacement or handling of lead, paint containing lead, or any other material or substance containing lead; Whether or not the lead is or was at any time airborne as a particulate, contained in a product ingested, inhaled, transmitted in any fashion, or found in any form whatsoever. c. Any request, demand or order that any insured or others test for, monitor, clean up, remove, abate,

contain, treat or neutralize lead, paint containing lead, or any other substance or material containing lead, or in any way respond to, or assess the effects of lead; or

d. Any claim or “suit” related to, testing for, monitoring, cleaning up, removing, abating, containing,

treating or neutralizing lead, paint containing lead, or any other substance or material containing lead or in any way responding to or assessing the effects of lead.



SUBJECT: Authorize the City Manager to Negotiate and Executea Contract with United Healthcare (UHC) to Serve asStop-Loss Insurance Carrier.

STAFF RESOURCE: Monika Kretschmer, Human Resources Director

PREVIOUS COUNCIL ACTION: The Current Fiscal Year 2016 Stop-Loss Insurancecoverage was Approved by City Council on August14, 2012.

ACTION PROPOSED: Authorize the City Manager to Negotiate andExecute a Contract with United Healthcare (UHC) toServe as Stop-Loss Insurance Carrier.

BACKGROUND

The City of Allen became partially self-funded in January 2000. As a result of being partially self-funded thecity generates a Request for Proposal every three years with an option to renew for two additional years toensure we maintain the best cost for services. The City received three competitive quotes for stop-loss insurance from the following: United Healthcare,American Fidelity, and Berkshire Hathaway. United Healthcare was the lowest bid from all three with anoverall increase to stop-loss insurance of 1.7%. American Fidelity and Berkshire Hathaway proposed a 1.9%and 3.9% increase respectively from the current overall cost for stop-loss insurance. The city's stop-loss insurance policy protects the city from large medical claims. The stop-loss policyprovides the City protection by reimbursing the city for catastrophic claims that exceed $125,000. The stop loss policy does reflect an increase to the aggregate reimbursement from one million to two million incoverage. The aggregate reimbursement maximum protects the city against higher than expected claims costsoverall. The proposed contract has an overall premium reduction of $50,000 for renewal. The overall maximum annualfunding is increasing by 1.7% or $207,991.


Staff recommends that City Council authorize the City Manager to Negotiate and Execute a contract withUnited Healthcare (UHC) to serve as Stop-Loss Insurance Carrier.

MOTION

I make a motion to authorize the City Manager to negotiate and execute a contract with UnitedHealthcare to serve as Stop-Loss Insurance Carrier.

ATTACHMENTS:DescriptionBest & Final



SUBJECT: Receive the Summary of Property Tax Collection asof July 2017.

STAFF RESOURCE: Eric Cannon, Chief Financial OfficerLe'Anne Whitaker, Accountant

ATTACHMENTS:DescriptionSummary of Property Tax Collections as of July 2017



SUBJECT: Conduct a Public Hearing on the Fiscal Year 2017-2018 City Budget as Required by Article IV, Section4.04 of the Allen City Charter.

STAFF RESOURCE: Eric Cannon, Chief Financial OfficerChris Landrum, Budget Manager

PREVIOUS COUNCIL ACTION: On July 25, 2017, City Council set Tuesday, August8, 2017, and Tuesday, August 22, 2017, as the PublicHearing dates regarding the City Budget. On August 8, 2017, City Council held the first PublicHearing regarding the City Budget.

ACTION PROPOSED: Conduct a Public Hearing on the Fiscal Year 2017-2018 City Budget as Required by Article IV, Section4.04 of the Allen City Charter.

BACKGROUND

The City Charter requires that the City Council set and conduct a Public Hearing on the Budget. This year, theCity will hold two public hearings to coincide with the two public hearings that are to be held on the tax rate.August 8, 2017, and August 22, 2017, are the dates Council set for the public hearings on the budget. The City Charter mandates that no other business may be conducted at these hearings. As stated in the CityCharter, a Notice of Public Hearing on the Budget must be published 5-15 days prior to the hearing. Thenotice for the first public hearing was published on July 27, 2017, in The Allen American newspaper, and thenotice for the second public hearing was published on August 10, 2017, in The Allen American newspaper.

BUDGETARY IMPACT

The FY 2017-2018 Proposed Expenditure Budget totals $218,373,809 for all funds. The FY2017-2018Proposed Revenue Estimate plus beginning Fund Balance totals $297,464,011 for all funds. Please refer tothe attached Combined Budget Summary for further details.


Staff recommends that the City Council conduct a public hearing and announce that the City Council will voteon the budget at the September 12, 2017, City Council meeting at 7:00 p.m. at Allen City Hall, 305 CenturyParkway, Allen, Texas.

ATTACHMENTS:DescriptionCombined Budget Summary of Revenues and Expenditures for Fiscal Year 2017-2018

Special RevenueGeneral Debt TIF Water & Solid Drainage Golf Hotel

Fund Service Fund Sewer Waste Utility Course Occup. TaxBEGINNING BALANCE 19,709,071$ 1,213,679$ 2,867,659$ 12,205,289$ 2,952,921$ 667,992$ 734$ 1,601,899$

REVENUESAd Valorem Taxes 48,435,446 14,314,472 1,336,237 - - - - - Sales Tax 19,998,330 - 478,542 - - - - - Hotel/Motel Tax - - - - - - - 1,856,418 Franchise Fees 7,200,853 - - - - - - - Licenses and Permits 3,002,600 - - - - - - - Charges for Services 12,007,204 - - 43,559,725 7,005,332 1,580,000 3,116,265 - Fines 1,794,749 - - - - - - - Miscellaneous 485,489 - - 28,000 47,500 - 126,803 - Contributions 570,171 - - - - - - - Reimbursements 1,413,002 - - 377,412 - 1,500 - - Intergovernmental 111,826 - 138,318 - - - - - Interest Earned 298,000 82,000 15,000 94,000 23,000 6,000 - 33,000 Operating Transfers In 4,603,089 - - 788,191 - - 452,500 - TOTAL REVENUES 99,920,759 14,396,472 1,968,097 44,847,328 7,075,832 1,587,500 3,695,568 1,889,418

TOTAL AVAILABLE 119,629,830$ 15,610,151$ 4,835,756$ 57,052,617$ 10,028,753$ 2,255,492$ 3,696,302$ 3,491,317$

EXPENDITURES

General Government 24,022,860 - 906,165 - - - - - Public Safety 38,904,762 - - - - - - - Public Works 5,066,736 - - 36,116,271 6,722,845 1,516,473 - - Culture & Recreation 25,988,770 - - - - - 3,551,913 1,452,658 Community Development 3,194,184 - - - - - - - Transfers Out 1,530,144 - - 3,967,562 234,062 321,334 - - Debt Service - 14,288,610 - 1,173,495 - - - - Capital Projects - - - 3,590,000 400,000 - - - Depreciation - - - - - - 138,851 - TOTAL EXPENDITURES 98,707,456 14,288,610 906,165 44,847,328 7,356,907 1,837,807 3,690,764 1,452,658

ENDING BALANCE 20,922,374 1,321,541 3,929,591 12,205,289 2,671,846 417,685 5,538 2,038,659

CITY OF ALLEN

COMBINED BUDGET SUMMARY OF REVENUES AND EXPENDITURES

FOR FISCAL YEAR 2017-2018

Enterprise Funds

Ad Valorem Taxes29.7%

Sales Tax18.8%

Hotel/Motel Tax0.9%

Franchise Fees3.4%

Licenses and Permits1.4%

Charges for Services38.8%

Fines0.9%

Miscellaneous0.8%

Contributions0.3%

Reimbursements1.0%

Intergovernmental0.1%

Interest Earned0.4%

Operating Transfers In3.5%

Distribution of Revenues - All Funds

TotalAsset Special Grant Replacement Facility Risk Economic Community All Funds

Forfeiture Revenue Fund Fund Maintenance Management Development Development 2017-2018170,914$ 1,016,603$ 271,863$ 10,331,706$ 882,200$ 4,513,508$ 11,565,672$ 11,564,504$ 81,536,214$

- - - - - - - - 64,086,155 - - - - - - 10,032,336 10,032,336 40,541,544 - - - - - - - - 1,856,418 - 186,269 - - - - - - 7,387,122 - - - - - - - - 3,002,600 - - - 3,200,205 - 13,307,202 - - 83,775,933 - 150,264 - - - - - - 1,945,013

190,000 - 687,265 151,500 - - - - 1,716,557 - - - - - - - - 570,171 - - - 129,800 - 335,000 - - 2,256,714 - 46,824 - - - - - - 296,968

2,000 5,000 2,000 91,000 3,000 45,000 168,000 95,000 962,000 - 49,651 130,597 400,000 600,000 506,574 - - 7,530,602

192,000 438,008 819,862 3,972,505 603,000 14,193,776 10,200,336 10,127,336 215,927,797

362,914$ 1,454,611$ 1,091,725$ 14,304,211$ 1,485,200$ 18,707,284$ 21,766,008$ 21,691,840$ 297,464,011$

- 329,732 - 3,012,521 646,923 13,490,695 13,672,253 3,089,045 59,170,194 119,059 - 272,354 - - - - - 39,296,175

- - - - - - - - 49,422,325 - - 214,413 - - - - - 31,207,754 - - 323,663 - - - - - 3,517,847 - - - - 151,500 - - - 6,204,602 - - - - - - 3,683,513 2,414,481 21,560,099 - - - - - - - 3,865,962 7,855,962 - - - - - - - - 138,851

119,059 329,732 810,430 3,012,521 798,423 13,490,695 17,355,766 9,369,488 218,373,809

243,855 1,124,879 281,295 11,291,690 686,777 5,216,589 4,410,242 12,322,352 79,090,202

CITY OF ALLEN

FOR FISCAL YEAR 2017-2018

Special Revenue Component UnitsInternal Service Funds

COMBINED BUDGET SUMMARY OF REVENUES AND EXPENDITURES

General Government27.1%

Public Safety22.6%

Public Works18.0%

Culture & Recreation14.3%

Community Development

1.6%

Transfers Out2.8%

Debt Service9.9%

Capital Projects3.6%

Distribution of Expenditures - All Funds



SUBJECT: Conduct a Public Hearing Regarding the Fiscal Year2017-2018 City Tax Rate.

STAFF RESOURCE: Eric Cannon, Chief Financial OfficerChris Landrum, Budget Manager

PREVIOUS COUNCIL ACTION: At the July 25, 2017, City Council Meeting, CityCouncil Set Tuesday, August 8, 2017, and Tuesday,August 22, 2017, as the Public Hearing DatesRegarding the Fiscal Year 2017-2018 City Tax Rate.On August 8, 2017, City Council held the first PublicHearing regarding the 2017-2018 City Tax Rate.

ACTION PROPOSED: Conduct a Public Hearing Regarding the Fiscal Year2017-2018 City Tax Rate.

BACKGROUND

According to the Texas Truth-in-Taxation Law, the City Council is required to set and conduct two PublicHearings on the Tax Rate if the City's proposed tax rate exceeds the lower of the rollback rate ($0.515222) orthe effective rate ($0.483572). The proposed tax rate is $0.515000. No other business may be conducted at these hearings. State law also requires that at the end of each hearingthe Council announce the date, time and place of the meeting at which it will vote on the tax rate. Since theproposed tax rate of $0.515000 exceeds the effective tax rate indicated above, two public hearings aremandatory. The City has historically always held public hearings on the tax rate even when the hearings werenot required.

BUDGETARY IMPACT

The City's proposed budget for Fiscal Year 2017-2018 reflects a tax rate of $0.515000 per $100 of appraisedvaluation. Due to continued growth in the City's tax base from new improvements and existing properties, thetotal tax revenue generated, based on a rate of $0.515000 per $100 of the certified appraised values, would be$63,693,189 which is $4,252,922 more than last year's budget and includes property tax revenue in the amountof $1,461,688 to be raised from new property added to the tax roll this year.


Staff recommends that the City Council conduct a public hearing and set the meeting date of September 12,2017, at 7:00 PM at Allen City Hall, 305 Century Parkway, Allen, Texas, to vote on the tax rate.

MOTION

I make a motion to set the City Council meeting date of September 12, 2017, at 7:00 PM at Allen CityHall, 305 Century Parkway, Allen, Texas, to vote on the proposed tax rate of 51.5 cents per $100 of thecertified appraised value for the Fiscal Year 2017-2018 budget.



SUBJECT: Motion to Confirm Appointments of Councilmembersas Liaisons to City Boards and Commissions asNominated by Mayor Terrell.


ACTION PROPOSED: Confirm Appointments of Councilmembers as BoardLiaisons.

BACKGROUND

Section 1.3 of the City Council Rules of Order and Procedure states: "At the commencement of the City Council year in June, the Mayor nominates and the City Council confirmsCouncilmember appointments to outside agencies, committees, task forces, boards and commissions, andliaison appointments. Councilmembers provide a link for representing the values, beliefs and position of theCity Council to these entities. The representative will periodically report to the City Council on the activities ofthese organizations."


Staff recommends confirming appointments of councilmembers as board liaisons.

MOTION

I make a motion to confirm the appointments of Councilmembers as Board Liaisons to City Boardsand Commissions, as nominated by Mayor Terrell.

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