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011323 Friday Staff Report „ City Manager's Office " 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 DENTON MEMORANDUM DATE: January 13, 2023 TO: The Honorable Mayor Hudspeth and Council Members FROM: Sara Hensley, City Manager SUBJECT: Staff Report Upcoming Meetings A. MLK Holiday—Monday, January 16, 2023 B. Committee on Persons with Disabilities on Thursday, January 19, 2023, at 3:00 p.m. at the Development Service Center. OUR CORE VALUES Inclusion • Collaboration • Quality Service • Strategic Focus • Fiscal Responsibility General Information & Status Updates A. Martin Luther King, Jr. Day Commemoration Program — The Parks and Recreation Department will host the annual Martin Luther King, Jr. Day Commemoration Program on Monday, Jan. 16. This year's theme is taken from the title of Dr. King's 1964 book, Why We Can't Wait. Pastor Reginald Logan, pastor of New Galilee Baptist Church in Sanger, Texas will serve as the keynote speaker. The program will also feature presentations from the DAVID Ministerial Alliance and the Catherine C. Bell Award, entertainment, and more. The program begins at 3:30 p.m. at the MLK Jr. Recreation Center, following marches from UNT and TWU that begin at 2 p.m. and end at the Recreation Center. Immediately following the event, refreshments will be served. Staff contact: Cheylon Brown, Parks and Recreation B. Airport Annual Operations Update — Denton Enterprise Airport has reached an all-time annual high! The year 2022 was a record-breaking for Denton Enterprise Airport,totaling an amazing 176,218 takeoffs and landings. This was the busiest year for the Airport since official records started with the opening of the Air Traffic Control Tower in 2004. The Airport has experienced nearly 40% growth over the past five years and continues to be one of the busiest general aviation airports in the State of Texas. Staff contact: Scott Gray, Airport C. Library's Winter Reading Resolution Encourages Reading for Fun This Winter—Make reading your new routine in 2023. Reading can strengthen your brain, reduce stress, cultivate empathy skills, and expand your vocabulary. The Winter Reading Resolution program helps participants start the year off with a commitment to reading. It encourages people of all ages to make reading a habit, challenge themselves to meet a personal reading goal,and be part of a reading community and get rewarded for the effort. Reading is the perfect cozy winter activity for seniors, adults, teens, and children. Reminder: babies and pre-readers who have books read to them can participate, too! The library's winter reading program is open to all ages. Anyone can sign up for the Winter Reading Resolution and track how many books they read between Jan. 1 and Feb. 28. Participants track books they read online, earn virtual badges, and will be entered into a drawing for fun library prizes if they log at least three books. Make a new reading resolution and read this winter. The Winter Reading Resolution runs from Jan. 1 through Feb. 28. Learn more and register online at denton.readsquared.com. Staff contact: Jennifer Bekker, Library 2 D. Denton 360 Program — During the City Council meeting on Jan. 10, Mayor Hudsepth issued a proclamation recognizing the Fall 2022 Denton 3600 program participants. The program featured seven interactive, in-person sessions that provided an in-depth look at how the city operates while also learning first-hand how decisions are made, and services are delivered. Sessions covered topics such as public safety, _ development, community services, Parks and recreation, libraries, ` finance, streets and mobility, audit, planning, solid waste, and utilities. Information regarding the Fall 2023 class will be shared later this year via the City's website and social media channels. Staff contact: Monica Benavides, City Manager's Office E. Community Appearance Index—On Friday, Jan. 13, Keep Denton Beautiful (KDB) will conduct its annual Community Appearance Index(CAI)to assess litter rates on roadways throughout Denton. Using Keep America Beautiful (KAB)'s nationally recognized litter assessment scale, a team of staff and community volunteers will score litter prevalence along 96 different roadway"zones"in Denton.An assessment was not conducted in 2020- 2022 due to COVID-19 precautions, and KAB also waived this annual requirement. In the most recent assessment, the community ranked 1.4 on the litter scale of 1 to 4 - with "1" indicating the least littered, and "4" being extremely littered. Results from this annual citywide litter scan allow KDB to pinpoint and monitor highly littered areas of Denton, and then subsequently target these areas for increased litter cleanup and education efforts year-round, primarily through volunteer-driven programs like Adopt- A-Spot and the Great American Cleanup. As an affiliate organization of Keep America Beautiful (KAB), KDB must complete the Community Appearance Index each year,along with a comprehensive cost-benefit report, to remain an affiliate in good standing.KDB is one of nearly 700 national affiliates whose excellence is recognized by the KAB's President's Circle Award. A team of ten litter assessors including City of Denton staff members and community volunteers conducts the all-day annual Community Appearance Index. Scores from the one-day "windshield survey" are compiled to produce a final score for all 96 roadway zones,an average for each of Denton's four City Council voting districts,and a total score for the City as a whole. The results of the CAI will be issued in a follow-up Friday Report and a citywide press release.Keep Denton Beautiful programs and initiatives are operated by the Denton Parks and Recreation Department. Staff contact: Autumn Natalie, Parks and Recreation F. IOOF Cemetery Paving — Parks and Recreation staff is scheduled to pave the primary entry road to the IOOF Cemetery beginning the week of Jan. 16,weather permitting. The City of Denton Streets Department will place a digital signboard near the entrance 3 informing residents to use the West Highland Street entrance to the cemetery until the paving project is complete. Staff contact: Marshall McGee, Parks and Recreation. G. Valentine Yard Cards— Registration is now open for Valentine Yard Cards, a special delivery program offering Valentine's themed yard signs (i.e., yard cards), balloon bouquets, and Nothing Bundt Cakes. Delivery dates are available between Feb. 6 through Valentine's Day, Feb. 14. Pricing varies from $15-$30 depending on the yard card message and delivery date with optional add-on purchases. Delivery is open to Denton residents only with registration closing on Feb. 3. Staff contact: Autumn Natalie, Parks and Recreation H. Quakertown Centennial Memorial Calendar — Parks and Recreation Staff continue to program a commemorative calendar of events to honor the Quakertown community and recognize the centennial of its displacement. City staff are working with the County,local universities, and with other community partners in this wide-ranging effort. Several events are planned for the next few months, and staff continues to finalize details. Upcoming events include the following (specific details of venues and times will be added to the City's website in the coming weeks): • Jan. 16 to 26 Installation of commemorative signage at Quakertown Park. • Feb. 7 and 10 Information Session on the Quakertown House Renovation—The Denton County Office of History and Culture will be at Emily Fowler Library at 11:30 a.m. to speak on the history and renovation of the second Quakertown House that will be placed alongside the Bayless-Selby House in the County's Historical Park off Carroll Boulevard. • Feb. 25 White Lilacs Tour—The Denton County Office of History and Culture will host the White Lilacs Tour from 1:30 —3:00 p.m. which offers participants a tour of Quakertown Park that contextualizes Carolyn Meyer's work White Lilacs, a novel based on the history of Quakertown. • March 3 UNT Symposium on African American History—The University of North Texas History Department is hosting an all-day symposium on African American history that, while not focused on Quakertown specifically, does provide a multifaceted consideration of African American history in North Texas and the American South. The body of scholarship presented here considers African American food- and folkways, among other histories, pointing to the continued resilience of communities surviving even while resisting ever-present external threats of racial violence. • March 9 Carolyn Meyer in conversation with Linnie McAdams — Carolyn Meyer, author of White Lilacs,and Linnie McAdams, former Denton City Council member,will invite an audience into a compelling conversation discussing the connections 4 between the fictional world of White Lilacs, the history of Quakertown, and the continued relevance of Quakertown's legacy to our present moment. • March 11 "The Quakertown Story"at the Tejas Storytelling elling Festival—Storytellers will help tell a story that follows the Quakertown community through its relocation to Solomon Hill and into the 1960s when the Solomon Hill neighborhood faced a similar threat of removal and displacement. • April, Date TBD Contextualizing Quakertown History— Local university academics will help to place the history of Quakertown within wider histories of Texas race relations in the post-World War I era. Both historians focus on the place of violence in the Jim Crow South and how it circumscribed the available political options for individuals in Quakertown and similarly displaced communities. • April Quakertown Quilt Exhibition—The Denton Public Library will host an exhibition of local quilt artist Emily Frenkel's quilted map of Quakertown. This deeply compelling work of art and craft builds on the historical archives of available Sanborn maps to provide a unique physical artifact honoring Quakertown and its history. City staff continues to work on additional programming including an informative book series coordinated with Denton Public Library occurring over the summer months,as well as Quakertown-themed events for the Twilight Tunes music series beginning in September, and the Arts and Jazz Festival in October. Staff contact: Omar Siddiqi,Parks and Recreation I. Quakertown Memorial Signage — Parks and Recreation is currently in the process of finalizing temporary signage to be placed at Quakertown Park as part of the Quakertown Centennial Memorial Project. A general, descriptive sign will be placed at entrances to the park, while additional signs will be placed at the location of the three churches that existed within the Quakertown community. City staff will display foam board mockups of the attached signs at the ALH Senior Center and the MLK Jr. Recreation center for community consideration. City staff will also ask to place the signs for the Quakertown churches at the current locations of those congregations. Staff contact: Omar Siddiqi, Parks and Recreation J. Changes to Via Terms of Use and Privacy Notice —Attached is the most recent update to the Via Terms of Use, effective Dec. 23,2022, as well as the previous Terms, effective Aug. 13, 2018,through Dec. 22, 2022,provided by DCTA Chief Executive Officer,Paul Cristina. Staff contact: Ryan Adams, City Manager's Office K. Council Meeting Statistics— To demonstrate how new processes, such as the use of live Spanish language interpretation and Tele-Town Hall public comments by phone, are being utilized by the public during City Council meetings staff will share meeting data on a quarterly basis. The information below reflects FY 2022-23 as of Jan. 13, 2023. Please note that on-demand views of meetings include both those of the public and City staff. Staff contact: Monica Benavides, City Manager's Office 5 Meeting Date Live Views On-Demand Views Public Meeting (English I Spanish) (English I Spanish) Comments Broadcast through 1/11/23 by Phone Duration Oct. 11, 2022 95 185 0 41m 46s Oct. 18, 2022 533 11 103719 0 07h 30m Oct. 25, 2022 240 183 0 02h 59m Nov. 1, 2022 21111 20617 0 03h 35m Nov. 15, 2022 200 10* 132 17 * 1 03h 48m Nov. 22, 2022 381 204 0 01h 25m Dec. 6, 2022 465 12* 280 5* 1 06h 25m Dec. 13, 2022 295 157 0 05h 4m *Due to technical issues during the Nov. 15&Dec. 6 meetings, data from the Spanish interpretation views may be higher than normal. Responses to Council Member Requests for Information A. Old Tree Farm on Haggard Lane — On Jan. 8, a Denton resident contacted Council member Davis concerning brush and overgrowth at the end of Meadow Ridge Drive. The parcel is a former tree farm that has not been in use for several years. The resident was concerned the overgrowth would encourage the growth of invasive privet and could attract future encampments. Parks and Recreation staff members are currently removing privet within Bowling Green Park adjacent to this space. The Environmental Services and Sustainability Department worked with Parks and Recreation to develop a standard operating procedure for privet removal and habitat restoration on park property. The goal of performing targeted removal of privet is to promote long-term solutions to eliminate this plant and restore the characteristics and functions of the open space and habitat Staff will work with the contractor and internal staff to remove the existing privet and complete an additional offseason mowing of this location in the next few weeks. Parks and Recreation communicated with the resident and informed them that the forested area north of Meadow Ridge Drive is privately owned. Staff contact: Fince Espinoza, Parks and Recreation B. Downtown Ice-Skating Rink— On Jan. 8, Council Member McGee inquired with Parks and Recreation staff about the possibility of bringing a seasonal ice-skating rink to Denton during the holiday season. Staff is in communication with the vendor and will research the feasibility of the project as well as potential locations, required utilities, overall cost, and other relevant factors. Additional information will be provided to Council after staff reviews the full scope of opportunities, costs, and commitments. Staff contact: Gary Packan, Parks and Recreation Upcoming Community Events and Meetings A. Kids Rock: The Return — Kids Rock is returning after a short break. Each month, kids enjoy a night out while parents enjoy the night off. The program runs from 7 to 11 p.m. Experienced staff plan each month around a unique theme, then create play stations that include games and activities, mini-sports tournaments, unique inflatable fun, ping-pong, and video games on a large screen. Of course, it is never a party without a DJ and dance contests! No need to buy dinner on the way, because staff provides 2 free slices of pizza and a free drink for attendees. Staff also sell additional concessions and glow products. Preregistration is required. The cost is $25 per child, with a $5 late fee if 6 registering the day of after 5 p.m.,with upcoming program dates of Jan. 13,Feb. 17,March 2, and Apr. 21. Staff contact: Sara Farris, Parks and Recreation B. January Adapted Rec Dance —The Monthly Adapted Rec Dance is scheduled to occur on Friday, Jan. 20. The theme for January is New Year, New Groove. These events are intended to promote social interactions in a fun, safe,and sensory-friendly environment for adults with physical and intellectual disabilities. The dance is scheduled from 7 to 9 p.m. at North Lakes Recreation Center.Monthly adapted rec dances feature themed decorations, music, and light refreshments. The cost is $5, or free with a rec pass. For registration and event information,visit the Parks and Recreation Catalog and select"adapted rec dances". Staff contact: Mia Macy, Parks and Recreation C. Sustainable Saturday — Join Sustainability and the Parks and Recreation Department at Clear Creek Nature Heritage Center every second Saturday of the month for activities that focus on nature, conservation, and our local environment. The next event takes place on Jan. 14 from 10 a.m. to noon, focusing on incorporating conservation and sustainable practices into daily life. On Saturday,Feb. 11, Sustainability and Parks and Recreation staff will discuss "gardening on the go," including strategies for container gardening and vermicomposting so that you can garden almost anywhere! Sustainable Saturday events are free, but do require registration through Civic Rec. Staff contact: Dan Friedman, Environmental Services and Sustainability D. My Little Valentine Family Dance—Purchase your tickets and put on your dancing shoes! My Little Valentine Family Dance returns on Friday, Feb. 10, from 6 p.m. to 8 p.m. at the Denton Civic Center. Mothers, fathers, siblings, and grandparents are all invited to make memories and celebrate Valentine's Day. The dance includes a live DJ, a photo op station, light refreshments, themed crafts, and a complimentary candy bar. Glow items and roses will be available for purchase. Staff contact: Autumn Natalie, Parks and Recreation E. Adapted Rec Sweetheart Ball — The Sweetheart Ball is the annual Valentine's dinner and dance for individuals with physical and intellectual disabilities.This sensory-friendly,adult dance is a partner event to the My Little Valentine Family Dance. This year,the Sweetheart Ball Dance will take place on Saturday, Feb. 11 from 6 p.m. to 8 p.m. at the Civic Center. An optional catered dinner will begin before the dance at 5 p.m. at the same location. Tickets for the dinner and dance are $25, and tickets for the dance only are $15. Advanced ticket purchase is required. For more information and a link to register, visit the Parks & Recreation Catalog and keyword search"sweetheart ball". Staff contact: Mia Macy, Parks and Recreation Attachments A. Quakertown Memorial Signage...........................................................................................9 B. Via Terms of Use and Privacy Notice Update ..................................................................13 Informal Staff Reports A. 2023-005 September DEC Dashboard...............................................................................57 B. 2023-006 Northeast Denton Area Plan Steering Committee.............................................59 C. 2023-007 Proposed Denton County Emergency Services District No. 2..........................62 Council Information A. Council Requests for Information......................................................................................79 B. Public Meeting Calendar....................................................................................................81 C. Draft Agenda for Jan. 24....................................................................................................84 D. Future Work Session Items................................................................................................92 E. Street Construction Report.................................................................................................94 8 Pleasant rTHIS IS C1W1JkVt.ERTCnF1 Church ip. ` 15 Coo.wee so Cf {i _— L • �; Teo ., :,i •i 3 �i ts, it 0 L � i I ! M .� Quakertown's churches were the spiritual centers of the _ Q 21 community. Attheir church homes, Gongregants gathered ,_ _� � _ for fellowship, to sing songs of praise, to worship, heal, and , &3n- ® "� `� �. grow. Church historian, Mrs. Irene Price states that, "in 1884, °' ~ ■ B the [Deacon Marion] Mays family and others of the Baptist faith. ..met under a brush arbor near Pecan Creak and organized a church and named it Pleasant Grove Missionarya - Baptist." The Church was founded at this location in _ , Quakertown, on the south side of Holt Avenue, between 1 T V ` g Terry Avenue and Oakland Avenue. - - r P i Pleasant Grove R» MPlea an Baptist t L Church The story of the Quakertown is Y: communityis one of resilience, to `° do 4h 0 P" reflected in the fact that Pleasant - - Grove Missionary Baptist Church - continues to thrive to this day in [ k k I its current location on Wood - •'' ' , - Street in Southeast Denton. Quakertown seen in the upper right, from the square THIS Is CIUM&IIE 1NDWV 3 A. , I Vt ,To � i � aarrss w. ••,.- c..•as* 0, ,......... .'. c..... D5E!�7 �r l Et j : f in a A .�. l� For almost five decades there existed at this location a thriving, vibrant, and cohesive community called Quaker by its residents, and known as Quakertown 33 p `� to the wider community. For many of its mostly African American residents, «.... , Quakertown functioned as a town within a town - with its own school, churches, n 8® c-V mutual aid organizations, businesses, and private residences - offering Sr' 1 Irzaall, `opportunities unavailable elsewhere in Jim Crow Denton.The community emerged in the late 1870s when several African American families - -- _ � Pin Denton began to buy land along Pecan Creek, a source of abundant fresh water4�that was also prone to flooding. Growth continued especially after the Frederick ,, n? BDouglass School was chartered in 1878, providing parents a place to educate � �their children. By the early 1910s some Denton residents, motivated by racial prejudice, sought �, •- - „ a . to remove the community and replace it with a city park. A park bond vote was held on April 5, 1921 and the motion passed by a vote of 367 to 240. By 1923 every structure in the community had either been destroyed or relocated to Er the Solomon Hill neighborhood in Southeast 1 01-"m Denton. Many families from Quakertown settled in Southeast Denton, but others left , . _ fJ .. _ AP.." -, Denton entirely, moving as far away as Kansas, California, Indiana, and even Liberia on the ILI West African coast. Most descendants of Quakertown remained in Southeast Denton and their powerful contributions to the I J cultural life of Denton remain an enduring legacy of Quakertown. - a Quakertown seen in the upper right, from the square �� s t QUAKERTOWN HISTORY iS DENTON HISTORY DENTON C�TN IS is ClulikilE TICMMVN . . . St . Emmanuel Missionary Ch urch i ry 1 • 1 1 - - • t `+ f•,••.• •. ?...•r.,a so's C•w" t $k DENTON i g m AV AF Mr • St. Emmanuel Missionary Baptist Church, formed in August 1906, occupied this location until the Church was forced to sell their land -� i - "" • ' Iwo and move, following the 1921 park bond vote. In its earliest days �� •' 8� Rev. F. Scroggins would preach to congregants as they gathered in a I � �� 4 q tabernacle, an outdoor space for prayer, with some sheltering from _ _� the Texas sun under the shade of trees. With the passage of the park St. e, ` bond in 1921, Church officials were given little recourse but to sell their 1 Chur`haptist , Fr land to the City. St. Emmanuel's pastor at the time, Rev. J.A. Ayers, was 4 4 �- $ a vocal opponent of the City's removal of the Quakertown community. � y e Like many opponents of Jim Crow racism, Rev. Ayers faced credible threats of violence. In one particularly dangerous moment, the U, Reverend had to escape town in the middle of the night to avoid - a physical harm, according to church histories. Church leaders eventually moved to a new home on Lakey Street. A new sanctuary was built in 1962, and Y " �t - -••- '� additional property added to the church in the 1970s and 1980s. St. Emmanuel and its congregants continue as a vital force in the City of r I fit Denton, especially through the -M0 important charity and youth work Quakertown seen in the upper right, from the squarejj they continue to perform. , c -we twin _ rTHIS IS C1W1Jk1(E TCMPW St. James AME Baptimst C H 15— - Am • too for DENTON . ' • T C 1 -if V © V3 no a_ From the early 1890s until 1922 this site was home to ' p�� •s ` St. James AME Church, the oldest African American • ' w'� r • , ' t� is e21 r� Church in Denton. The church's initial seed was planted ' s v around 1875 when a community of African Americans 14 a i� moved to Denton from the White Rock Lake area of Dallas. Several families began meeting at each others �, /. I v e il homes to engage in prayer, fellowship, and Bible study , -� 0 r a a .8 W � guided by Rev. M.P. Lambert. These meetings bore additional co $ fruit with the formal establishment, in 1876, of the Saint James African °� 61 Methodist Episcopal Church, under the leadership of Rev. J.B. Goins. ,� a _ _ • w -- A, «v • In the early 1890s the church moved to this location on Oakland Avenue. Er Under pastor Rev. J.S. Powe, the congregation constructed a new church `� building in 1899. The Church sold its land to the City following ' � '- .�- ° 14 r as 0.» 'r the April 1921 park bond vote, but this resilient faith community � t - St. James AM soon built a new home at the j " Missio,,.•.,, Baptist -} M k Church corner of Oak Street and - -r- - �`•�Fri. Crawford where con re ants continue to meet. - E ° El ftlQQuakertown seen in the upper right, from the square isaree- . 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Y V1 Who we serve - What we offer Resources Terms of Use Effective Date: May 12, 2015 Last Updated Date: August 13, 2018 I. Introduction and Eligibility Please read these Terms of Use ("Terms") carefully before using the Service. These Terms include Via's Privacy Policy_, which is incorporated by reference into these Terms. We have included several annotations in boxes to help explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect. Privacy-Terms 13 https://ridewithvia.com/terms-of-use/ 1/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. 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We may send you an SMS text message to the phone number you provide upon registering with the Service (i) when you register with the Service, (ii) when you make a Reservation, (iii) when your vehicle is approaching the designated pick-up location, (iv) when your vehicle is at the designated pick-up location, and (v) when you reset your password with the Service. Text message and data rates, as determined by your wireless carrier, may apply. By registering with the Service, you consent to receive these SMS text messages. VIII. Via's Content Ownership and Use Via owns or has rights to all of the content we make available through the Service, but you may use it as you use the Service. You cannot use our logo without our written permission. The term "content" or "contents" as used generally in these Terms shall mean any text, graphics, images, music, software (excluding the Service), audio, video, information or other materials. 20 E: https://ridewithvia.com/terms-of-use/ 8/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve - What we offer Resources - assembly) of all Via Content are the property of Via or its licensors and are protected under copyright, trademark, and other laws. License to You. We authorize you, subject to these Terms, to access and use the Service and the Via Content solely to make Reservations. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Via Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Via Content on any copy you make of the Via Content. Via Marks. Via, the Via logo, and other Via logos and product and service names are or may be trademarks of Via (the "Via Marks"). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Via Marks. IX. Intellectual Property Rights and Your License to Use You (or the people who allow you to use their content), own all of the content you post using the Service. However, we may use it for any purpose, including in our marketing 21 https://ridewithvia.com/terms-of-use/ 9/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve - What we offer Resources be able to sue you for violating their legal rights. a. Via Claims No Ownership. The Service may provide Users with the ability to post content ("User Content"). Via claims no ownership or control over User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Service. You are responsible for protecting those rights. b. Via's Use of Posted Content on the Service. By posting User Content on or through the Service, and subject to Via's Privacy Policy, you grant Via a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, transferable right to license, sublicense, use, view, copy, adapt, sell, transfer, modify, remove, publish, transmit, distribute, broadcast, stream, perform or publicly display your User Content for any purpose without compensation to you, including for the purpose of promoting Via and its services. While we will try our best to not use your User Content in a way that may be objectionable to you, you waive any rights you may have regarding your User Content being altered or manipulated in any way that may be objectionable to you. Please e-mail us at support@ridewithvia.com if you believe your User Content is being used in an objectionable manner and we will do what we reasonably can to remedy such use of your User Content. The license granted in this paragraph will E: 22 https://ridewithvia.com/tenns-of-use/ 10/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve - What we offer Resources Others. You understand and agree that you will not obtain as a result of your use of the Service, any right, title or interest in or to such content delivered via the Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets or other rights) in the content. Via alone (and its licensors, where applicable) owns all right, title and interest, including all related intellectual property rights, in and to the Service. The Company name, the Company logo, and the product names associated with the Service are trademarks of Via or third parties, and no right or license is granted to use them. d. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity, and (iii) the posting of User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of content you post on or through the Service. You also acknowledge and agree that your User Content is non-confidential and non-proprietary. 23 https://ridewithvia.com/tenns-of-use/ 11/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve - What we offer Resources - modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service. X. Copyright Policy Via respects the intellectual property rights of others and expects its users to do the same. Tell us if you think a user has violated your copyright using the Service, or if you think someone incorrectly reported that you violated his or her copyright. a. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send Via a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; 24 https://ridewithvia.com/tenns-of-use/ 12/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve - What we offer Resources - (iii) Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Via to locate the material on the Service; (iv) Your full legal name, address, telephone number, and e- mail address (if available); (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. b. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Via a counter-notice. c. Notices and counter-notices must meet the current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to Via's Designated Copyright Agent: Erin H. Abrams, Esq. c/o Via Transportation, Inc., 95 Morton Street, 3rd Floor New E: 25 https://ridewithvia.com/tenns-of-use/ 13/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve - What we offer Resources - d. Upon receipt of such notice as described above, Via will take whatever action, in its sole discretion, it deems to be appropriate, including removal of the challenged material from the Service. XI. Suggestions and Submissions We appreciate your comments, but if you send us creative ideas, we can use them without compensating you. We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, enhancement requests, feedback, recommendations or materials ("Creative Ideas"), we shall: 1 . own, exclusively, all now known or later discovered rights to the Creative Ideas; 2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and 3. be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without E: 26 https://ridewithvia.com/tenns-of-use/ 14/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve - What we offer Resources - You are responsible for your actions when using and relying on the Service or content available on the Service. We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties ("Third-Party Content"). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. Via does not endorse any, nor is it responsible for, Third-Party Content on the Service. Do not do bad things with the Service, try to break it, or steal our hard work. You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not: 1 . attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service; 27 https://ridewithvia.com/tenns-of-use/ 15/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve - What we offer Resources requests per second, or unduly burdens or hinders the operation or performance of the Service; 4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; 5. disclose personal information about another person, or post, send or store infringing, obscene, threatening, libelous or otherwise tortious material, including material that is harmful to children, violates the rights of third parties, or is intended to harass, abuse, or degrade another person; 6. sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent; 7. post advertising or marketing links or content, including spam or otherwise duplicative and unsolicited messages, except as specifically allowed by these Terms; 8. use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties, and other liability to Via or others; or 9. access the Service from a jurisdiction where it is illegal or unauthorized.\ 2s E: https://ridewithvia.com/tenns-of-use/ 16/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve - What we offer Resources - We will have the right to investigate and prosecute violations of the above to the fullest extent of the law. Via reserves the right to involve and cooperate with federal, state and local law enforcement authorities in prosecuting users to violate these Terms in a criminal manner. We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. Via may review and remove any Third-Party Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service. XIV. Via's Liability 29 https://ridewithvia.com/tenns-of-use/ 17/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve - What we offer Resources - Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability. User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Via of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk. Third-Party Websites and Promotions. The Service may include links to third-party websites and applications, including opportunities to purchase goods and services E: 30 https://ridewithvia.com/terms-of-use/ 18/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve - What we offer Resources - do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim all liability of specific results from the use of the Service. By participating in a Promotion, you agree to the rules that govern that Promotion, which may contain specific requirements about how your Personal Information (as defined in Via's Privacy Policy) is used, including allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. Released Parties Defined. "Released Parties" include Via and its affiliates, officers, directors, employees, agents, partners, and licensors. A. DISCLAIMER OF WARRANTIES You use the Service at your own risk. We make no warranties or guarantees. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL E: 31 https://ridewithvia.com/terms-of-use/ 19/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve - What we offer Resources - AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (C) THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. VIA MAKES NO REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES OBTAINED FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE AND ANY THIRD-PARTY SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW. B. LIMITATION OF LIABILITY AND INDEMNIFICATION 32 https://ridewithvia.com/tenns-of-use/ 20/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve - What we offer Resources - YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RELATING TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. VIA AND/OR ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED ANY LOSS, DAMAGE, OR E: AL 33 https://ridewithvia.com/terms-of-use/ 21/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve What we offer Resources TRANSPORTATION PROVIDERS TO PROVIDE YOU TRANSPORTATION, BUT VIA DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY TRANSPORTATION PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANYWAY RELATED TO THE THIRD-PARTY TRANSPORTATION PROVIDER. YOU ACKNOWLEDGE THAT VIA DOES NOT MONITOR ANY THIRD-PARTY TRANSPORTATION PROVIDER'S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND VIA WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY TRANSPORTATION PROVIDER'S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. VIA WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING VIA'S SERVICES RESTS SOLELY WITH YOU. VIA WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANYWAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE. 34 E: https://ridewithvia.com/tenns-of-use/ 22/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve - What we offer Resources - YOU MAY BE EXPOSED TO CONTENT THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE, OR OTHERWISE OBJECTIONABLE AND THAT YOU USE THE SERVICE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any Third-Party Content, (ii) your use of or reliance on any Via Content, (iii) your violation of any rights of any third party, including transportation service providers booked through the Service; or (iv) your breach of these E: 35 https://ridewithvia.com/tenns-of-use/ 23/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve - What we offer Resources - These Terms constitute the entire agreement between you and Via concerning your use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect. XVI. Arbitration, Class Waiver, and Waiver of Jury Trial We are located in New York, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Service. These Terms and the relationship between you and Via shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and Via agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in E: 36 https://ridewithvia.com/terms-of-use/ 24/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve - What we offer Resources relating to your use of the Service or these Terms: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED. Contact Information Via Transportation, Inc. 160 Varick Street, 4th Floor New York, New York 10013 support@ridewithvia.com Stay informed. COMPANY CAREERS About Open roles isSafety Life at Via 37 https://ridewithvia.com/terms-of-use/ 25/26 12/22/22,7:10 PM Terms of Use-Via Transportation Introducing New Remix Scheduling, the world's first end-to-end smart transportation planning platform. more. Who we serve What we offer Resources Media Kit Privacy Accessibility Terms and conditions © 2022 Via Transportation, Inc. https://ridewithvia.com/terms-of-use/ 26/26 Introducing New Remix Scheduling,the world's first end-to-end smart transportation planning platform.Learn more. VVAC) Who we serve What we oFrer Resources Terms of Use Last Updated:December 23,2022 1.Contractual Relationship 2.Via Services 3.Access To The Via Services 4.Fees and Payments 5.Promotions 6.Communications 7.Intellectual Prop-erty 8.Prohibitions 9.Arbitration Agreement&Dispute Resolution 10.Disclaimers 11.Limitation of Liability 12.Indemnity 13.Termination&Account Restrictions 14.Notices 15.General Via Transportation Inc.and its subsidiaries and affiliates("Via",the"Company we","us",or"our")provide TransitTech solutions to power cost-effective,convenient,and equitable mobility across the globe.We build innovative software to enable our customers-cities,transit agencies,transport operators,school districts, universities,corporations,and other governmental or institutional customers-to transform their legacy transportation,delivery,or logistics systems into advanced digital networks. PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A BINDING CONTRACT BETWEEN YOU AND VIA. 1. Contractual Relationship These Terms of Use("Terms")constitute a legally binding agreement between you(an individual)and Via governing your access to and use of the Via Websites(as defined below),the Via Apps(as defined below), and the technology platforms,dashboards,content,products,customer support services,and any related content or services provided by Via,including in partnership or under contract with any other entity(together, the"Via Services").See the Via Services section below for details on the scope of services covered by these Terms. IMPORTANT:PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND VIA CAN BE BROUGHT,INCLUDING THE ARBITRATION AGREEMENT IN SECTION 9 BELOW.PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW CAREFULLY,AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH VIA ON AN INDIVIDUAL BASIS AND,WITH LIMITED EXCEPTIONS,THROUGH FINAL AND BINDING ARBITRATION(AS DESCRIBED IN SECTION 9 BELOW).BY USING THE VIA SERVICES AND THEREBY AGREEING TO THESE TERMS,YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF AGREEING TO ARBITRATION AND ALL OTHER PROVISIONS IN SECTION 9. Accepting the Terms You accept and agree to these Terms each time you access or use the Via Services. IF YOU DO NOT ACCEPT OR AGREE TO ANY OF THESE TERMS,YOU MAY NOT ACCESS OR USE THE VIA SERVICES. Changes to the Terms These Terms are subject to change by Via in its sole discretion at any time.We encourage you to visit this page periodically to review the most current Terms.Wgdnay also modify any information contained in the pages or policies incorporated into the Terms by reference,including any hyperlinked information referenced in the Terms.Your continued use of the Via Services after a change to these Terms constitutes your binding acceptance of these Terms. We will notify you of any such change to the Terms by changing the last updated date at the top of the Terms. We may also elect to provide an additional notice of changes by email or text message communication,or by providing a notice through the Via Services,including through a pop-up message in the Via Apps or a banner notice on the Via Websites. To the extent you were provided with an opportunity to opt out of the Arbitration Agreement in the Arbitration Agreement&Dispute Resolution section,you agree that changes to these Terms do not create a renewed opportunity to opt out of arbitration. Additional Terms We may make additional terms,conditions,or policies available to you from time to time that also govern your use of the Via Services(the"Additional Terms").The Additional Terms will be deemed a part of these Terms for purposes of any applicable offer or service,but if any Additional Terms conflict with these Terms,the Additional Terms(and not these Terms)will prevail. 2. Via Services The Via Services that are governed by these Terms are:(i)the websites that Via creates,hosts,owns, controls,develops,or otherwise makes available(the"Via Websites"),(ii)the mobile applications and platforms that Via creates,hosts,owns,controls,develops,or otherwise makes available to Riders and Drivers,each as defined below(the"Via Apps"),and(iii)the platforms,dashboards,content,products, customer support services,and any related interfaces,tools,and services that Via makes available to Enterprise Customers. "Enterprise Customers"are cities,transit agencies,transport operators,school districts,universities, corporations,and other governmental or institutional customers which may use the Via Services to establish, monitor,operate and/or manage transportation,delivery,and logistics networks or to arrange for transportation,delivery,or logistics services for Riders and Delivery Users,each defined below. Please note that certain Via Services are governed by alternative terms instead of these Terms.For your convenience,we have compiled a list of Via Services that are not covered or addressed by these Terms, available here.This list may be updated periodically and is not intended to be exhaustive. There are several categories of individual"Users"who may access the Via Services and whose relationship with Via may be governed by these Terms(along with any Additional Terms): • Riders:Riders are individuals who use the Via Services to request transportation services(or information about transportation services)for themselves or others,as well as those who receive such services. Riders may be individuals who did not create a User Account,defined in Access to the Via Services below,with any of the Via Services,but who are traveling with an account holder.Riders may also be individuals who are the beneficiaries of a request for transportation made by an account holder,including by a friend,family member,caregiver or by an Enterprise Platform User,defined below,using the Via Solution to request rides for eligible individuals. • Drivers:Drivers are individuals who provide transportation,delivery,logistics,or other services by using the Via Services.Drivers are not employees of Via.Rather,Drivers have entered into agreements with Via as independent contractors or have been engaged by transportation operators or other partners or subcontractors which contract with Via.In services featuring autonomous vehicles,Drivers may also include vehicle safety operators who support the operation of autonomous vehicles,which may not require manual human operation. • Delivery Users:Delivery Users are individuals who request or receive deliveries of goods,including food as well as other products,using the Via Services. • Enterprise Platform Users:Enterprise Platform Users are employees or agents of Enterprise Customers. • Visitors:Visitors are all other individuals who interact with the Via Services,including by downloading the Via Apps,or looking at or typing information into the Via Websites,without ever completing registration for a User Account,defined in Access to the Via Services below. Throughout these Terms,any request for transportation,delivery,or logistics services is referred to as a "Reservation." 40 VIA DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES TO USERS.VIA OFFERS RIDERS AND ENTERPRISE CUSTOMERS INFORMATION AND A METHOD TO ARRANGE FOR TRANSPORTATION,DELIVERY, OR LOGISTICS SERVICES,BUT VIA DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH SERVICES.VIA IS NOT A MOTOR CARRIER,COMMON CARRIER,PROPERTY CARRIER,OR OTHER TRANSPORTATION CARRIER. YOU ACKNOWLEDGE THAT YOUR ABILITY TO ARRANGE FOR OR OBTAIN TRANSPORTATION,DELIVERY,OR LOGISTICS SERVICES USING THE VIA SERVICES DOES NOT IN ANY WAY ESTABLISH VIA AS A PROVIDER OF THOSE SERVICES.DRIVERS ARE SOLELY RESPONSIBLE FOR OFFERING ANY TRANSPORTATION,DELIVERY, OR LOGISTICS SERVICES WHICH MAY BE ARRANGED THROUGH THE VIA SERVICES.VIA HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION OR DELIVERY SERVICES PROVIDED TO YOU BY DRIVERS. YOU ACKNOWLEDGE THAT DRIVERS AND ANY OTHER INDEPENDENT THIRD-PARTY SERVICE PROVIDERS WHO MAY USE THE VIA SERVICES ARE NOT EMPLOYEES,ACTUAL AGENTS,APPARENT AGENTS,OR OSTENSIBLE AGENTS OF VIA IN ANY WAY.YOU FURTHER ACKNOWLEDGE THAT ANY EFFORT,FEATURE, PROCESS,POLICY,OR STANDARD UNDERTAKEN BY VIA IN THE INTEREST OF PUBLIC SAFETY(WHETHER OR NOT REQUIRED BY APPLICABLE STATUTE OR REGULATION)OR AS A REQUIREMENT OF VIA'S CONTRACTUAL ARRANGEMENT WITH AN ENTERPRISE CUSTOMER IS NOT EVIDENCE OF AN EMPLOYMENT, ACTUAL AGENCY,APPARENT AGENCY,OR OSTENSIBLE AGENCY RELATIONSHIP BETWEEN VIA AND ANY DRIVER. Changes to the Via Services You acknowledge that the Via Services and all characteristics of the third-party transportation,delivery,and logistics services that can be accessed through the Via Services are subject to change at any time without notice.You also acknowledge that you may be required to accept updates to the Via Apps or other third-party software you have installed on your computer or mobile device in order to continue to use the Via Services. 3. Access To The Via Services User Accounts and Credentials To use the Via Services as a Rider,Driver,or Enterprise Platform User,you may be required to create an account("User Account").You agree not to create more than one User Account for any separately branded product or service available through the Via Services.Via reserves the right to deactivate any additional or duplicate User Accounts.You may not create a User Account for someone else unless you have the legal authority to do so.Enterprise Platform Users may create User Accounts for Riders and Drivers only if authorized to do so by Via.Via personnel may also create User Accounts at the request of an Enterprise Customer or a prospective Rider or Driver. You agree not to provide any false information for purposes of creating a User Account or accessing the Via Services.You are solely responsible for maintaining accurate,complete,and up-to-date information in your User Account. Your User Account is personal to you,and you may not share your access credentials with,or allow access to your User Account by,any third party.You are responsible for the confidentiality and security of your User Account and you agree to preserve the confidentiality of your access credentials and the security of any device that you use to access the Via Services.You agree to notify Via immediately by emailing support@ ridewithvia.com regarding any known or suspected breach of security,including any third party's access to your User Account or any loss,theft,or unauthorized disclosure of the access credentials to your User Account.You will be solely responsible for any injuries,losses,or damages of any kind incurred by Via and others arising from or related to your failure to maintain the confidentiality and security of your User Account. Responsibility for Other Users You will be responsible for all activity that occurs under your User Account and access credentials.For example,if you are a Rider and you make a Reservation for transportation,delivery,or logistics services to be used by any other individual,you are responsible for that individual's behavior and use of the services arranged through the Via Services.Note that when you make a Reservation for transportation services,you must indicate how many individuals are traveling in your party.If you do not accurately report this information when making a Reservation,you or your guests may not be accommodated and you may be subject to additional Fees(as defined below). Access by Minors Restricted No part of the Via Services is directed to children,and we do not knowingly collect or solicit personal 41 information from persons under the age of 13.IF YOU ARE UNDER THIRTEEN YEARS OF AGE,YOU MAY NOT USE THE VIA SERVICES.Children under the age of 13 may only receive transportation reserved through the Via Services if the request is made by a parent,guardian,or other authorized adult. No person under the age of 18 may create a User Account or use the Via Services without the consent of a parent or guardian.If you are a minor in the jurisdiction in which you reside(generally,under the age of 18), you must have the permission of your parent or legal guardian to use the Via Services and your parent or legal guardian must read and agree to these Terms on your behalf prior to your using the Via Services.If you are a parent or guardian who has created an account for a minor under the age of 18,you hereby give permission and consent to the Terms on the minor's behalf,and you shall assume any and all responsibility and liability for the minor's use of the Via Services as provided by these Terms.Furthermore,you hereby represent that you are fully authorized to execute these Terms on behalf of yourself as well as any and all other parents or legal guardians of the minor rider. If you are a parent or guardian and believe that a child under the age of 18 has registered for or used the Via Services without your consent,please contact us at S_Upport@ridewithvia.com.Similarly,if you believe that a person under the age of 13 has provided any personal information to us,please contact us at support@ridewithvia.com so that we can take steps to delete that information. Agent of an Organization If you are using the Via Services on behalf of any organization,agency,or corporate entity(including an Enterprise Customer),then you represent and warrant that you:(1)are an authorized representative of that organization;(2)have the authority to bind that organization to these Terms;and(3)agree to be bound by these Terms on behalf of that organization. Network Access and Devices You are responsible for obtaining access to the internet,data network,and compatible hardware or devices necessary to use the Via Services.Your mobile networks data and messaging rates and fees may apply if you access or use the Via Services from your mobile device.Via does not guarantee that any component of the Via Services will function on any particular hardware or device.In addition,the Via Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Restriction and Termination of Access Via reserves the right to temporarily or permanently restrict your User Account and your access to the Via Services at its sole discretion and for any reason.Further,Via may in its sole discretion and without liability modify,suspend,or discontinue at any time,with or without notice,any aspect of the Via Services or the third-party services offered to you through the Via Services.Please see the Termination and Account Restrictions section below for additional information related to the termination of access to the Via Services. 4. Fees and Payments Fees You acknowledge that Via may charge you fees,taxes,and/or surcharges for your access to the Via Services, your use of the Via Services to make Reservations,and for conduct,conditions,and incidents that occur in connection with the transportation,delivery,or logistics services that you reserve or receive through the use of the Via Services(collectively,"Fees").Depending on the specific Via Services you are using,your use of the Via Services may result in different Fees.Additionally,some Fees may be charged by Via on behalf of third parties,including Enterprise Customers and governmental authorities.All Fees are non-refundable unless otherwise determined by Via. If you are a Rider,the Fees that Via may charge you can include: • Service Fees and Reservation Fees.These Fees may be assessed and charged to you if you request specific Via Services or make a Reservation. • Cleaning/Damage Fees.Cleaning or damage Fees may be assessed and charged to you if a Driver's vehicle's interior or exterior is damaged or dirtied as a result of your or your guest(s)'s intentional, reckless,or negligent acts(including aggressive slamming of doors,vomiting,or pet hair).Via reserves the right(but is not obligated)to verify or otherwise require documentation of damages prior to processing such Fees. • Cancellation or No-Show Fees.If you cancel a Reservation or are not present at the time and place designated in your Reservation,Via may charge you Fees for cancellations or no-shows.Repeated 42 cancellations or instances of"no-shows"may be indicative of system misuse and may result in the suspension or deactivation of your account in Via's sole discretion. • Tolls,Surcharge,and Other Third Party Fees.In certain instances,Via may charge you Fees attributable to tolls or other surcharges,including airport fees,state or local fees,and event fees.If required by law, Via will also collect applicable taxes. • Tips.In certain instances,you may be able to use the Via Services to tip your Driver.Any tips provided through the Via Services will be provided entirely to the applicable Driver and will not be retained by Via. Via reserves the right to establish,remove,consolidate,and revise any prices,fees,taxes,and surcharges for any services obtained through the use of the Via Services at any time. Payments Depending on the Via Services you use,Via may require you to select a payment method when creating a User Account.Via does not directly collect or store full debit or credit card numbers.All debit or credit card payments are facilitated through third-party payment processors,including Braintree,a division of PayPal,Inc. Via may replace its third-party payment processor without notice to you. Via Credits Depending on the specific Via Services you are using,you may be able to purchase,receive,or provide credit towards future Reservations by yourself or others("Via Credit").Via Credit includes ViaPass,which is available for purchase in certain jurisdictions;credit that you may receive in connection with Promotions,as defined below;and any promotional codes or vouchers that are redeemable for Via Credit. Via Credit is non-transferable and non-refundable.Via Credit may only be used with the Via Services;it has no other monetary or exchange value.Via Credit may be subject to Additional Terms,including restrictions and conditions that govern the use of the Via Credit and its expiration.Via reserves the right to withhold,reduce, or revoke Via Credit if it was received or used in error,fraudulently,illegally,or in violation of these Terms or any Additional Terms.Via reserves the right to alter the way in which any Users earn or retain Via Credit and the way in which Via Credit can be redeemed. S. Promotions From time to time,in Via's sole discretion,we may offer special contests,sweepstakes,referral programs, loyalty programs,and other promotions("Promotions").Via reserves the right to terminate,discontinue,or cancel any Promotions at our sole discretion,at any time,and without notice. We may also send you communications,show you,or provide links to third-party services,products,websites, and applications,including opportunities to purchase goods and services from,or participate in Promotions of our business partners,charities,sponsors or other third parties("Third-Party Promotions").You are responsible for evaluating whether you want to access or use them.We are not responsible for and do not endorse any features,content,advertising,products,or other materials on other websites,services,or applications.You assume all risk and we disclaim all liability arising from your use of Third-Party Promotions. By participating in a Promotion(including a Third-Party Promotion),you agree to any Additional Terms that govern that Promotion.Please see our Privacy Notice for more information about how we may collect,use, and disclose personal information in connection with Promotions. 6. Communications Consent to Communications You agree that by entering into this Agreement or using the Via Services,Via and its agents and third-party service providers may contact you by email,telephone calls,text message(such as SMS,MMS,or successor protocols or technologies),mail,and notifications posted in or through the Via Services,including in the Via Apps,Via Websites,or any other Via Services. You expressly agree that Via or its service providers and business partners may send you calls and text messages,including automated calls and text messages,prerecorded or artificial voice messages,and calls and text messages that are generated by automatic telephone dialing systems.Your consent to receive calls and text messages with marketing content is completely voluntary and is not a condition of purchasing any property,goods or services. 43 Calls or texts may be sent for purposes that include:(i)verifying or updating your User Account information or access credentials,(ii)transactional,administrative,and operative communications regarding your User Account or services you provide or receive by using the Via Services(e.g.,notifications about the status of your Reservation,notifications about suspected fraud or unlawful activity),(iii)promotional emails concerning new products or features relating to the Via Services or services offered by third-party business partners,and (iv)news or legal or regulatory developments. You acknowledge that telephone calls to or from Via,together with its agents and affiliates,may be monitored and recorded consistent with all applicable laws,and you agree to such monitoring and recording. Opting Out of Communications IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS FROM VIA,YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS FROM VIA,YOU MAY REPLY"STOP"TO THE TEXT MESSAGE FROM THE MOBILE DEVICE RECEIVING THE MESSAGES.YOU CAN ALSO EMAIL SUPPORT@RIDEWITHVIA.COM TO ADVISE US THAT YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXT MESSAGES. It is your sole responsibility to notify us if you no longer want to receive promotional communications.Note that if you change your phone number or email address,and you wish to unsubscribe from promotional communications to that new phone number or email address,you must submit an opt-out request associated with your new contact information. Please note that even if you opt out of promotional calls or text messages,we reserve the right to continue to send you transactional or informational calls and texts,including through automatic telephone dialing systems. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt out request.We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences. Accuracy of Information You verify that any contact information you provide to Via,including your name,mailing address,email address,telephone number(s),and/or mobile telephone number(s),is true and accurate. You represent and warrant that you are the current subscriber and/or primary user of any telephone number that you provide as your own.If we discover that any information provided in connection with your account registration is false, inaccurate,or in violation of the above representations and warranties,we may suspend or terminate your User Account.Should any of your contact information change,you agree to immediately notify us at ,supper@ridewithvia.com. Unauthorized Use of Your Telephone Device You agree to notify us at au12 ridewithvia.com of any unauthorized use of your telephone device. Although Via will not be liable for losses caused by any unauthorized use of your telephone device,you may be liable for our losses due to such unauthorized use. Fees and Charges Message and data rates may apply to any phone calls and any text messages sent from us to you and from you to us.Check your phone plan and contact your carrier for details. 7. Intellectual Property With the exception of User Submissions,as defined below,the Via Services and everything on it are owned by or licensed to Via and are therefore protected by copyright,trademark,trade dress,domain name,patent, trade secret,international treaties,and/or other intellectual or proprietary rights and laws of the United States and other countries. Via Content All designs,text,graphics,images,video,information,logos,button icons,software,audio files,computer code,photos,interactive features,service marks,trade names,and other content and trademarks displayed in the Via Services(collectively,"Via Content'),as well as the collection,arrangement,assembly,or any other 44 compilation of any Via Content,are the property of Via or its licensors and are subject to copyright,trademark, and other intellectual property rights in the United States and other countries.The term"content"or "contents"as used generally in these Terms shall mean any text,graphics,images,video,information,logos, button icons,software,audio files,computer code,or other materials. Via Marks Via,as well as logos,designs,graphics,icons,scripts,service marks and trade names used in the Via Services (the"Via Marks")are the intellectual property of Via or its licensors.Without prior written permission from Via, you agree not to display,reference,or use the Via Marks in any manner.If you are granted written permission to use the Via Marks,you may only use the specific Via Marks obtained directly from Via for the permitted purpose. License to You Subject to your compliance with these Terms,we grant you a limited,non-exclusive,non-transferable,non- sublicensable,and revocable license to access and use the Via Services,solely as expressly permitted by these Terms and subject to all terms and conditions of these Terms,and in compliance with all applicable laws.Any other use is strictly and expressly prohibited.Nothing contained in the Via Services or the Via Content should be interpreted as granting to you any license or right to use any of the Via Services,Via Content,Via Marks,and/or third-party proprietary content on the Via Services without the express written permission of Via or the relevant third-party owner,as applicable.Any rights not expressly granted herein are reserved by Via and Via's licensors. The limited license described above is revocable at any time without notice and with or without cause. Unauthorized use of the Via Content or Via Marks is prohibited.In the event Via grants you express written permission to make any copy of the Via Content,you must preserve all copyright,trademarks,service marks, and other proprietary notices contained in the original Via Content on any such copy. You acknowledge that you will not obtain any right,title or interest in or to Via Content or the Via Marks as a result of your use of the Via Services. User Submissions User Submissions are any content,information,data or materials that you post,upload,e-mail,transmit or otherwise make available to Via or in the Via Services("User Submissions").User Submissions may include commentary,feedback,suggestions,ideas,requests for service or product enhancements,and submissions of entries for competitions and promotions.You acknowledge and agree that all User Submissions provided by you are non-confidential and non-proprietary. You understand and acknowledge that you are responsible for any User Submissions you submit or contribute and you,not Via,have full responsibility for such content,including its legality,reliability,accuracy,and appropriateness. Via's Use of User Submissions You acknowledge and agree that you have no expectation of compensation,privacy,or confidentiality with respect to any User Submissions.By providing User Submissions,you grant Via and its service providers,as well as each of our respective licensees,successors,and assigns,a worldwide,non-exclusive,irrevocable, perpetual,royalty-free,transferable,sublicensable license to use,view,copy,adapt,sell,transfer,modify, remove,publish,transmit,distribute,broadcast,stream,perform,publicly display,create derivative works of, or otherwise exploit in any manner such User Submissions for any purpose without further notice to or consent from you,and without compensation to you or any other person or entity,including for the purpose of promoting Via and its services. Please email us at_$up ort@ridewithvia.com if you believe your User Submissions are being used in an objectionable manner and we will do what we reasonably can to remedy such use of your User Submissions. We have no obligation to pre-screen User Submissions,but we reserve the right in our sole discretion to pre- screen,remove,or refuse to accept post,display,or transmit any User Submissions at any time for any reason,including if we determine that a User Submission violates these Terms;violates applicable laws,rules, or regulations;is abusive,disruptive,offensive,or illegal;or violates the rights of,or harms or threatens the safety of users of the Via Services. You Must Have Rights to Your User Submissions You represent and warrant that:(i)you own the content in your User Submissions or otherwise have the right to grant the license set forth in these Terms,(ii)your provision of User Submissions does not violate confidentiality obligations or expectations,privacy rights,publicity rights,copyrights,contract rights, intellectual property rights,or any other rights of any person or entity,and(iii)your provision of User Submissions does not result in a breach of contract been you and a third party.You agree to pay for all royalties,fees,and any other monies owing to any person by reason of your provision of User Submissions. Copyright Policy Via respects the intellectual property of others and expects Users to do the same.If you believe that any materials in the Via Services infringe upon your copyrights,we want to know about it so that we can take appropriate actions.Please view our-(!4RydghtPolicy.for information on how to make a copyright complaint. 8. Prohibitions You agree to use the Via Services only for their intended purpose.You must use the Via Services in compliance with these Terms,including any Additional Terms applicable to your use of the Via Services(for example,any zero tolerance policy,anti-discrimination policy,or community guidelines applicable to your use of the Via Services).You must use the Via Services in compliance with all privacy,data protection,intellectual property,and other applicable laws. You may not,and shall not cause or allow any other User or third party to: 1.attempt to interfere with,harm,reverse engineer,steal from,impair or gain unauthorized access to the Via Services,User Accounts,or the technology and equipment supporting the Via Services; 2.frame,mirror,or link to the Via Services without permission; 3.use or enable the use of scraping,indexing,surveying,data mining,robots,web spiders,viruses or worms or other data gathering devices on or through the Via Service,including any program which may make multiple server requests per second,or unduly burdens or hinders the operation or performance of any aspect of the Via Services; 4.post incomplete,false,or misleading information,impersonate another person,or misrepresent your affiliation with a person or entity; 5.disclose personal information about another person,or post,send or store infringing,obscene, threatening,libelous or otherwise tortious material,including material that is harmful to children,violates the rights of third parties,or is intended to harass,abuse,or degrade another person; 6.sell,transfer,or assign any of your rights to use the Via Services to a third party without our express written consent; 7.post advertising or marketing links or content,including spam or otherwise duplicative and unsolicited messages,except as specifically allowed by these Terms; 8.access the Via Services in order to build a competitive website,application or service; 9.download,remove,transmit,alter,reproduce,modify,distribute,prepare derivative works based upon, translate,adapt,broadcast,mirror,sell,lease,obscure,decompile,reverse engineer,or disassemble,or otherwise exploit any content or any trademark or copyright notice from the Via Services(including the Via Content and the Via Marks),except as expressly permitted by Via; 10.take any action that tends to impair the validity of the Via Marks as proprietary trademarks,service marks,trade names or trade dress of Via or their licensors,as applicable; 11.use the Via Services in a way that causes any harm or injury to any person; 12.use the Via Services in an illegal way or to commit an illegal act in relation to the Via Services or that otherwise results in fines,penalties,and other liability to Via or others; 13.access the Via Services from a jurisdiction where it is illegal or unauthorized;or 14.use the Via Services in any other manner that violates any law,statute,rule,permit,ordinance,or regulation. In addition to reserving the right to suspend or terminate your User Account and prevent access to the Via Services for any reason,we reserve the right to investigate and prosecute violations of the above uses to the fullest extent of the law.Via reserves the right to involve and cooperate with federal,state,and local law enforcement authorities in prosecuting users to violate these Terms in a criminal manner. You are responsible for any claims,fees,fines,penalties,and other liability incurred by us or others caused by or arising out of your violation of these Terms. 46 9. Arbitration Agreement & Dispute Resolution IMPORTANT:PLEASE REVIEW THIS SECTION("ARBITRATION AGREEMENT")CAREFULLY,AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH VIA ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION,EXCEPT AS EXPRESSLY PROVIDED BELOW.BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU WAIVE YOUR RIGHT TO HAVE A TRIAL BY JURY AND YOUR RIGHT TO SERVE AS A REPRESENTATIVE,AS A PRIVATE ATTORNEY GENERAL,OR IN ANY OTHER REPRESENTATIVE CAPACITY,OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS,IN ANY LAWSUIT,EXCEPT AS EXPRESSLY PROVIDED BELOW. You have the right to consult with counsel of your choice concerning the Arbitration Agreement and to be represented by counsel at any stage in the arbitration process. A.Mutual Agreement to Binding Arbitration You and Via Transportation Inc.and its subsidiaries and affiliates("Via"or the"Company")agree that,except as expressly provided in Subsection B("Limited Exceptions to Arbitration"),any and all disputes,claims,or disagreements,whether past,present,or future,which arise out of or relate in any way to(i)this Agreement and this Arbitration Agreement and any of their respective prior versions(including the existence,breach, termination,enforcement,interpretation,scope,waiver,or validity of the Terms and the Arbitration Agreement),(ii)the Transportation Services(including any incidents or accidents in connection with such services),(iii)your access to or use of the Via Platform or any other tools or services provided by the Company,(iv)transactions involving you and the Company or payments by or to the Company(including claims regarding compensation or benefits),(v)your relationship with the Company,(vi)any communications, including marketing communications,drafted or distributed by the Company or by any third party on its behalf,and(vii)any other dispute with the Company("Claims"),shall be resolved exclusively through binding arbitration between you and the Company,and not by any federal,state,or local court,jury trial,or agency. For purposes of this Arbitration Agreement,the terms"you"and"Company"also include each entity's respective parents,affiliates,subsidiaries,successors,and assigns,and their respective owners,directors, officers,executives,employees,shareholders,and agents. This Arbitration Agreement shall be binding upon and shall extend to any Claims brought by or against any third parties and third-party beneficiaries(including your spouses,heirs,and assigns).The Company's service providers,including background check providers and payment processors,shall be considered intended third- party beneficiaries of this Arbitration Agreement and may also enforce this Arbitration Agreement. THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR,AND NOT A JUDGE OR JURY WILL ADJUDICATE THE CLAIM,AND THAT RIGHTS TO APPEALS OR TO DISCOVERY OR OTHER EXCHANGES OF INFORMATION MAY BE LIMITED IN ARBITRATION.YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW. B.Limited Exceptions to Arbitration Notwithstanding Subsection A("Mutual Agreement to Binding Arbitration")and without waiving the enforceability of the Arbitration Agreement as to any other Claim or to the class and representative action waivers in Subsection J("Class and Coordinated Action Waiver"),each party retains the right to:(i)resolve a Claim in small claims court,so long as it is within that court's jurisdiction,the Claim is adjudicated only on an individual basis and not on a class or collective action basis,and the Claim remains in that small claims court; (ii)seek injunctive or other equitable relief in court for infringement or other misuse of intellectual property rights(including patents,copyrights,moral rights,trademarks,and trade secrets or other confidential or proprietary information,but not privacy or publicity rights);or(iii)raise individual claims of sexual assault or sexual harassment in a court of competent jurisdiction. The claims listed in this Subsection B("Limited Exceptions to Arbitration")as express exceptions to the requirement of binding arbitration must be brought and litigated in a court of competent jurisdiction by you on an individual basis only and not on a class or collective action basis.You agree that no action brought by you under this Subsection B("Limited Exceptions to Arbitration")may be consolidated or joined in any fashion with any other proceeding unless otherwise expressly agreed to by the Company.The filing of any action under this Subsection B("Limited Exceptions to Arbitration")will automatically stay any arbitration(s)filed that are related to the action pending its outcome. Nothing in this Arbitration Agreement is intended to or shall prohibit you from providing information to,filing a charge with,or participating in any investigation or proceeding conducted by a governmental agency or official. C.Pre-Arbitration Negotiation 47 The Company is committed to working with you to reach a reasonable resolution to resolve disputes in a reasonably prompt,cost-effective,and mutually beneficial manner.Therefore,you and the Company agree that before either party initiates an arbitration proceeding,the parties must first make a good faith effort to resolve their dispute informally("Pre-Arbitration Negotiation").Pre-Arbitration Negotiation as described in this subsection is a prerequisite and condition precedent to any arbitration. The party initiating the Pre-Arbitration Negotiation must provide written notice to the other party which will include a description of the Claim.You shall provide notice to the Company by emailing notices@ridewithvia.com and the Company shall provide notice by emailing the email address associated with your User Account or,if you did not create a User Account,any other email address you have provided to the Company.An informal telephonic dispute resolution conference between the parties shall be held between 30 and 60 days after the date the notice is received(or at a later date,if mutually agreed by the parties),and the parties are free to attempt to resolve the Claim in the intervening period.If either party is represented by counsel,the counsel may participate in the conference,but the party must also attend.A separate, individualized conference must be held for purposes of Pre-Arbitration Negotiation each time either party intends to commence a formal dispute resolution proceeding;multiple claimants cannot participate in the same conference. The parties agree to negotiate in good faith for up to 60 days,subject to extension by mutual agreement of the parties,before arbitration can be initiated.Any statute of limitations or filing fee deadlines that are applicable to the Claim shall be tolled while the parties engage in Pre-Arbitration Negotiation. D.Arbitration Rules and Procedures The arbitration will be administered by JAMS,under the JAMS Streamlined Arbitration Rules&Procedures that are in effect at the time the arbitration is initiated,as modified by the terms set forth in this Arbitration Agreement.However,if the value of any Claim exceeds$500,000,the arbitration will be administered in accordance with the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is initiated,as modified by the terms set forth in this Arbitration Agreement.The applicable JAMS rules and procedures are available at httpHGjamsadr.com/adr-rules-procedures/or by calling JAMS at 1- 800-352-5267. Unless the parties agree otherwise,any arbitration hearing will take place at the JAMS location closest to the county in which you reside.The arbitration will take place before a single arbitrator selected in accordance with the applicable JAMS rules.The arbitration will be conducted in English.If English is not your native language,you shall have the right to be accompanied by a translator in your native language during any arbitration hearings or conferences. If the amount in controversy does not exceed$10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless the arbitrator determines that a hearing is necessary.If the amount in controversy exceeds$10,000 or the claimant seeks declaratory or injunctive relief,either party may request to hold a hearing(or the arbitrator may determine to hold one).Any hearing must be attended by the claimant. Any exchange of information in the arbitration must be consistent with the expedited,cost-efficient nature of arbitration.Document requests and disclosures in any arbitration shall be limited to documents directly relevant to significant issues in the case or to the case's outcome,shall be restricted in terms of timeframe, subject matter,and persons or entities to which the requests pertain,and shall not include broad phraseology such as"all documents directly or indirectly related to:'The parties agree that any JAMS rule that would entitle each party to conduct at least one deposition shall not apply. All Claims in arbitration shall be subject to the same statutes of limitation that would apply in court. Unless otherwise prohibited by law,all arbitration proceedings will be confidential and all records relating to it will be sealed,except as necessary to obtain court confirmation of the arbitration award(provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law). E.Commencing an Arbitration If the parties have engaged in the Pre-Arbitration Negotiation process and were unable to reach a resolution, the party raising a Claim may initiate an arbitration by:(1)submitting the arbitration demand to JAMS and to the other party or parties,and(2)paying its,his,or her portion of any initial arbitration filing fee. The demand for arbitration must include the claimant's name,telephone number,mailing address,and email address.Additionally,as a safeguard against counsel who may file claims on behalf of individuals with whom they do not have contact,any demand for arbitration filed by counsel must also include the party's original (i.e.,non-electronic)signature. To provide notice to the Company,you must send the,Wpitration demand by USPS Priority Mail to the Company's registered CSC agent in your jurisdiction(please see the list of agents by jurisdiction available at https://www.cscglobal.com/cscglobal pdfs/CSC-registered-agent-addresses.pdf),and also submit a courtesy copy electronically to es@ridewithvia.com. Nothing in this Arbitration Agreement waives any requirements under the JAMS Rules for commencing an arbitration. F.Fees The payment of initial arbitration filing fees will be governed by the JAMS rules,which require the party bringing a Claim to pay a fee to initiate the arbitration. Except in the case of offers of judgment under Subsection G("Offers of Judgment")below,each party in a dispute will be responsible for its own attorneys'fees and any costs that are not unique to arbitration,unless the applicable substantive law governing the claims in the arbitration expressly provides otherwise.If required by the arbitrator,the Company will pay the arbitrator's fees,as well as all fees and costs unique to arbitration, but all such fees may be apportioned between the parties in a final ruling by the arbitrator in accordance with JAMS rules and applicable law. The parties also agree that a good faith challenge by either party to the fees imposed by JAMS does not constitute a default,waiver,or breach of the Arbitration Agreement while such challenge remains pending, and that any and all deadlines for paying those fees shall be tolled during the pendency of such challenge. G.Offers of Judgment At any time but no later than 14 days before the date set for any arbitration hearing or,if a hearing is not held, the deadline for submitting the last documents on the basis of which the arbitrator's decision will be made, any party may serve an offer of judgment on the other party on terms specified in that offer.If the offer of judgment is not accepted prior to the commencement of the hearing or within 30 days of being made, whichever occurs first,it shall be deemed withdrawn and cannot be given in evidence.If the offer of judgment is not accepted by the receiving party within this timeframe and the receiving party then fails to obtain a more favorable award in the arbitration,the receiving party shall pay the costs incurred by the offering party after the offer was made,excluding attorneys'fees,the arbitrator's professional fees,and JAMS'administrative fees.The arbitrator shall enter a post-award judgment on any amounts owed under this section. H.Governing Law Notwithstanding any choice of law or other provision in the Terms,the Federal Arbitration Act,9 U.S.C.§1 et seq.("FAA"),will govern the interpretation,enforcement,and proceedings pursuant to this Arbitration Agreement because it evidences a transaction involving interstate commerce.If for whatever reason the FAA does not apply,the state law governing arbitration agreements in the state in which you resided at the time of accepting this Agreement shall apply. I.Arbitrator's Jurisdiction and Powers Except as expressly provided in Subsection B("Limited Exceptions to Arbitration")or Subsection J("Class and Coordinated Action Waiver"),the arbitrator,and not any federal,state,or local court or agency,shall have exclusive authority to(1)resolve any and all Claims,including disputes about the scope,applicability, enforceability,revocability,unconscionability,voidability,or validity of this Arbitration Agreement or any portion of the Arbitration Agreement as well as any dispute regarding the payment of JAMS administrative or arbitrator fees(including the timing of such payments and remedies for nonpayment),and(2)determine threshold arbitrability questions,including any issues relating to whether the Terms and/or Arbitration Agreement are applicable,unconscionable,or illusory,as well as any defense to arbitration. The arbitrator shall have no authority or jurisdiction to consider or resolve any claim or issue any relief on a class,collective,or representative basis.If the arbitrator awards declaratory or injunctive relief,the arbitrator shall only have authority to order such relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator shall have the power to decide any motions brought by any party to the arbitration,including motions for summary judgment and/or adjudication,motions to dismiss,demurrers,and motions for a directed award,including prior to the commencement or close of any arbitration hearing. The arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party's violation of the standards set forth in those rules and statutes. The arbitrator's award or decision shall be final and binding on all parties.No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.Judgment on the arbitration award may be4Vtered in any court having competent jurisdiction to do so. J.Class and Coordinated Action Waiver YOU AND THE COMPANY UNDERSTAND AND AGREE THAT,TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AND THE COMPANY CAN ONLY RESOLVE DISPUTES IN AN INDIVIDUAL CAPACITY AND SHALL NOT HAVE THE RIGHT OR AUTHORITY TO BRING OR PURSUE CLAIMS IN ARBITRATION OR LITIGATION AGAINST ONE ANOTHER ON A CLASS,JOINT,COORDINATED,COLLECTIVE,OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY,INCLUDING CLAIMS AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF("CLASS AND COORDINATED ACTION WAIVER").YOU UNDERSTAND AND AGREE THAT THIS COLLECTIVE ACTION WAIVER PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF IN ANY CURRENT OR FUTURE CLASS,JOINT,COORDINATED,COLLECTIVE,CONSOLIDATED,MASS, AND/OR REPRESENTATIVE ACTION BROUGHT AGAINST THE COMPANY. For purposes of this Arbitration Agreement,a"Coordinated Action"is defined to include instances in which(i) any party is represented by a law firm or collection of law firms that has filed or provided assistance in 20 or more arbitration demands of a substantially similar nature(including because they assert substantially similar facts or seek substantially similar relief)against the other party(including any of its affiliates,subsidiaries, representatives,affiliates,officers and directors),within 180 days of the arbitration demand filed on your or the Company's behalf,and(ii)the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate the arbitration demands.Except as authorized under Subsection K("Batch Arbitration")below or otherwise prohibited by law,the parties expressly waive the right to have any Claim brought,heard,administered,resolved,or arbitrated as a Coordinated Action,and agree that no court, arbitrator,or arbitration provider(e.g.,JAMS)shall have any authority to hear or administer any Coordinated Action or to award relief to anyone but the individual in arbitration. Notwithstanding any other provision of this Arbitration Agreement or the JAMS Rules,disputes regarding the validity,enforceability,conscionability,or breach of the Class and Coordinated Action Waiver or any portion thereof,or whether the Class and Coordinated Action Waiver or any portion thereof is void or voidable,may be resolved only by a court of competent jurisdiction and not by an arbitrator,and any arbitration in which such a dispute is raised shall be stayed pending the final resolution,including all appeals,of any such dispute in court. If,and only if,there is a final determination that one of the parties has filed a Coordinated Action in violation of the Class and Coordinated Action Waiver,each party shall have 30 days to opt out of arbitration following that decision.You may opt out of arbitration by providing written notice of your intention to opt out signed by you— and not by any attorney,agent,or other representative of yours—to the Company at the relevant address listed here,via USPS certified mail.A copy must also be sent to arbitrationoptout@ridewithvia.com.The Company may opt out of arbitration by sending written notice of its intention to opt out to JAMS and to you or to your counsel if you are represented.The Class and Coordinated Action Waiver will continue to apply if you opt out of arbitration;opting out of arbitration does not entitle you to bring a class,collective,coordinated, consolidated,mass and/or representative action or to seek relief on a class,collective,coordinated, consolidated,mass and/or representative basis.If the parties proceed to arbitration,the parties agree that the arbitrations will be batched pursuant to Subsection K("Batch Arbitration")below. Notwithstanding the foregoing,if it is determined that this Class and Coordinated Action Waiver is not enforceable as to any particular Claim or request for relief,and all appeals from that determination have been exhausted or the decision is otherwise final,the parties agree that that particular Claim or request for relief may proceed in court but shall be stayed pending arbitration of any and all remaining Claims and requests for relief. Nothing in the Class and Coordinated Action Waiver or any other portion of the Arbitration Agreement prevents you or the Company from voluntarily participating in a classwide,collective,and/or representative settlement of claims. K.Batch Arbitration If it is determined that an arbitration may proceed notwithstanding a claim by either party that it was brought as a Coordinated Action or a part of a Coordinated Action in violation of the Class and Coordinated Action Waiver,the parties agree that this arbitration demand will be batched with all other substantially similar arbitration demands(defined as demands asserting substantially similar facts or seeking substantially similar relief,which were presented by or with the assistance of a law firm or collection of law firms that has filed or provided assistance in 20 or more arbitration demands against the other party)subject to the following"Batch Arbitration"procedures:(i)the arbitration provider(i.e.,JAMS)shall administer the arbitration demands in batches of 10 demands per batch,grouped by the state of each claimant's residency(if fewer than 10 demands remain in the final batch,that batch will be composed of the remaining demands),and(ii)the arbitration provider shall treat each batch as a single case,with each batch having a single demand for arbitration and a separate arbitrator appointed to it.The parties may agree to assign multiple"batches"to the same arbitrator.Each batch shall proceed to arbitration one at a time.The arbitration provider shall assess a single administrative and filing fee per batch,due for ash side in the dispute. You agree to cooperate in good faith with the Company and the arbitration provider to implement this"batch" approach to dispute resolution and fees.You agree that you will not oppose the Company's negotiation with the arbitration provider relating to the payment of the Company's fees.The Company expressly reserves its right to raise unique defenses as to each claimant and Claim in the Batch Arbitration process.Any individual claimant whose Claim is adjudicated as part of the Batch Arbitration process must still attend the arbitration hearing in person and be subject to cross-examination by the respondent. This Subsection K("Batch Arbitration")shall in no way be interpreted as authorizing class arbitration,private attorney general arbitration,or arbitration involving joint or consolidated claims of any kind. L.Opting Out Agreeing to the Arbitration Agreement is not a mandatory condition of your contractual relationship with the Company.You may opt out of the Arbitration Agreement by notifying the Company in writing.To be effective, the opt-out notice must be dated;include your full name,phone number,and email address;clearly indicate your intent to opt out of this Arbitration Agreement;be signed by you and not by any agent or representative; and be delivered by email to arbitrationoptout@ridewithvia.com within 30 days of the date you first became subject to this Arbitration Agreement(the"Opt-out Notice").You will not be subject to retaliation if you exercise your right to opt out of this Arbitration Agreement.If you fail to submit an Opt-out Notice within this 30-day period,you and the Company shall be bound by the terms of the Arbitration Agreement. Updates to the Terms do not provide you with a new opportunity to opt out of arbitration if you agreed to a previous version of the Terms and did not validly opt out of arbitration.If,for any reason,you are able to electronically accept the Terms multiple times,your re-acceptance does not reset the initial 30 day opt-out deadline that applied when you first became subject to the Arbitration Agreement.Opting out of this Arbitration Agreement does not affect any other arbitration agreements you have entered into or future arbitration agreements you may enter into with the Company.Therefore,if you opt out of this Arbitration Agreement but were already bound by an existing agreement to arbitrate disputes arising out of or related to your use of the Via Platform,that existing arbitration agreement will remain in full force and effect. Your acceptance of or decision to opt out of any other arbitration agreement you have with the Company or any of its subsidiaries or affiliated entities shall not affect any obligation you have to arbitrate claims pursuant to this Arbitration Agreement. M.Survival This Arbitration Agreement applies even after you cease using the Via Services or providing services to the Company and after your relationship with the Company ends. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason,(1)the unenforceable or unlawful provision shall be severed from the rest of the Terms;(2)severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties'ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement;and(3)to the extent that any claims must therefore proceed on a class, collective,consolidated,or representative basis,the parties agree that litigation of those claims in a court of competent jurisdiction shall be stayed pending the outcome of any individual claims in arbitration. N.Impact on Pending Claims This Arbitration Agreement shall not affect your standing with respect to any litigation against the Company brought by you or on your behalf pending in federal or state court,or in arbitration,as of the date of your first receipt of this Arbitration Agreement.Therefore,(1)if you were not bound by an existing arbitration agreement,you shall remain eligible to participate in any pending litigation(as of the date of your receipt of this Arbitration Agreement)to which you were a party or member of a putative class,collective,or representative action;and(2)if,at the time of your receipt of this Arbitration Agreement,you were bound by an existing arbitration agreement,that arbitration agreement will continue to apply to any pending litigation (as of the date of your receipt of this Arbitration Agreement),even if you opt out of this Arbitration Agreement. 10. Disclaimers For purposes of this section,"Via"includes our affiliates,subsidiaries,parents,successors,assigns,business partners,designees,licensors,licensees,and each of our respective officers,directors,employees,agents, and shareholders. Please note that some jurisdictions do not allow the exclusion and limitations of certain implied warranties,so the disclaimers and exclusions below may not apply to you.The disclaimers and exclusions under these Terms 51 will not apply to the extent prohibited by applicable law. Disclaimer of Warranties YOUR USE OF THE VIA SERVICES IS AT YOUR SOLE RISK,AND THE VIA SERVICES ARE PROVIDED ON AN AS IS"AND AS AVAILABLE"BASIS,AND WITHOUT ANY WARRANTY OR CONDITION,EXPRESS,IMPLIED,OR STATUTORY.TO THE FULLEST EXTENT PERMITTED BY LAW,VIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED,INCLUDING WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY DRIVERS THROUGH THE VIA SERVICES,AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,VIA MAKES NO WARRANTY THAT(A)THE VIA SERVICES WILL MEET YOUR REQUIREMENTS,(B)THE VIA SERVICES WILL BE UNINTERRUPTED,TIMELY,COMPLETE,CURRENT, SECURE,OR ERROR-FREE,(C)THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VIA SERVICES WILL BE ACCURATE OR RELIABLE,(D)THE QUALITY OF ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE VIA SERVICES WILL MEET YOUR EXPECTATIONS,(E)ANY ERRORS IN THE VIA SERVICES WILL BE CORRECTED;OR(F)THE NETWORK OR THE SERVER THAT MAKES THE VIA SERVICES AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VIA SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK,AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. IN ADDITION,VIA MAKES NO REPRESENTATION OR WARRANTY AS TO THE RELIABILITY,SAFETY, TIMELINESS,QUALITY,SUITABILITY OR AVAILABILITY OF ANY TRANSPORTATION OR DELIVERY SERVICES OBTAINED FROM DRIVERS THROUGH THE USE OF THE VIA SERVICES.THE QUALITY OF THE TRANSPORTATION OR DELIVERY SERVICES ARRANGED OR SCHEDULED THROUGH THE VIA SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE DRIVER WHO PROVIDES SUCH SERVICES.WE DO NOT HAVE CONTROL OVER THE QUALITY OR SAFETY OF TRANSPORTATION OR DELIVERY SERVICES THAT OCCUR AS A RESULT OF THE RESERVATIONS MADE THROUGH THE VIA SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE VIA SERVICES AND ANY SERVICES MADE AVAILABLE THROUGH THE VIA SERVICES REMAINS SOLELY WITH YOU,TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING THE VIA SERVICES,YOU MAY BE EXPOSED TO CONTENT OR CONDUCT THAT IS POTENTIALLY DANGEROUS,OFFENSIVE,HARMFUL TO MINORS,UNSAFE,OR OTHERWISE OBJECTIONABLE AND THAT YOU USE THE VIA SERVICES AT YOUR OWN RISK. Accuracy Disclaimers We make no representations about accuracy,reliability,completeness,or timeliness of any content in the Via Services,including location data.Similarly,we make no representations about accuracy,reliability, completeness,or timeliness of any data related to a User(including Riders and Drivers)or the quality or nature of third-party products or services obtained through the Via Services.We cannot guarantee that each User is who they claim to be.Please use common sense when using the Via Services,including by confirming that the information displayed through the Via Services is consistent with the same information you see in person.For example,if you are a Rider and used the Via Services to make a Reservation,please confirm that the Driver that you are interacting with and the vehicle they are using match the information presented to you in the Via Services. Third-Party Conduct Disclaimers Via is not responsible for the conduct,whether online or offline,of any User of the Via Services or any Driver you may engage with in the course of the transportation or delivery services you arrange,schedule,or participate in by using the Via Services.You are solely responsible for your interactions with other Users and third parties.By using the Via Services,you assume all risks associated with dealing with other Users and third parties and you agree that Via is not responsible for the acts or omissions of such Users and third parties. User Submissions and Third-Party Content Disclaimers You may be able to access User Submissions and content(including advertising)provided by third parties ("Third-Party Content')through the Via Services.Via does not control User Submissions or Third-Party Content and we do not represent or guarantee the truthfulness,accuracy,or reliability of User Submissions or Third-Party Content.The opinions,advice,statements,offers,or other information or content that is provided by third parties through the Via Services should not necessarily be relied upon.You accept that any reliance on User Submissions and Third-Party Content will be at your own risk.By using the Via Services,you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.Via does not endorse any,nor is it responsible for,User Submissions or Third-Party Content on the Via Services.Note that some Third-Party Content may be accessible throughST external link,and once you click on such a link,you will become subject to the terms of use and privacy policy of that third-party content provider. Third-Party Website Disclaimers Components of the Via Services may contain links to websites that are owned,developed,controlled, sponsored,and/or maintained by third parties and which may be subject to additional terms and conditions ("Third-Party Websites").If you click on a link to a Third-Party Website,Via may not warn you that you have left the Via Services or that you are subject to the terms and conditions governing your use of that Third-Party Website.Your access to and/or use of Third-Party websites is entirely at your own risk.Via makes no guarantees,representations,and/or warranties as to,and shall have no liability for,the content,products,or services available on or through any Third-Party Website. App Store Disclaimers You acknowledge and agree that the availability of the Via Apps may be dependent on the third party from which you received the applicable application's license(e.g.,the Apple App Store or Google Play Store). With regard to any Via Apps you acquire from the Apple App Store('Apple-Sourced Software"),you acknowledge and agree that these Terms are solely between you and Via,not Apple,Inc.('Apple")and that Apple has no responsibility for the Apple-Sourced Software or content thereof.Your use of the Apple-Sourced Software must comply with the App Store Terms of Service.You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software.In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty,you may notify Apple,and Apple will refund the purchase price for the Apple-Sourced Software to you;to the maximum extent permitted by applicable law,Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software,and any other claims,losses,liabilities,damages,costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Via as provider of the software.You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software,including:(i)product liability claims;(ii)any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement;and(iii)claims arising under consumer protection or similar legislation;and all such claims are governed solely by these Terms and any law applicable to Via as provider of the software.You acknowledge that,in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party's intellectual property rights,Via,not Apple,will be solely responsible for the investigation,defense,settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.You and Via acknowledge and agree that Apple,and Apple's subsidiaries,are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software,and that,upon your acceptance of the terms and conditions of these Terms,Apple will have the right(and will be deemed to have accepted the right)to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof. With regard to any Via Apps you acquire from the Google Play Store("Google-Sourced Software"):(i)you acknowledge that these Terms are between you and Via only,and not with Google,Inc.("Google");(ii)your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (iii)Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software;(iv) Via,and not Google,is solely responsible for its Google-Sourced Software;(v)Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms;and(vi)you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to Via's Google-Sourced Software. 11. Limitation of Liability For purposes of this section,"Via"includes our affiliates,subsidiaries,parents,successors and assigns,and each of our respective officers,directors,employees,agents,and shareholders: TO THE FULLEST EXTENT PERMITTED BY LAW,YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL VIA BE LIABLE TO YOU FOR ANY INDIRECT,INCIDENTAL,SPECIAL,CONSEQUENTIAL,EXEMPLARY,OR PUNITIVE DAMAGES(INCLUDING LOST PROFITS,LOST DATA,PERSONAL INJURY,PROPERTY DAMAGE, LOSS OF GOODWILL,AND OTHER TANGIBLE AND INTANGIBLE LOSSES)RELATED TO,IN CONNECTION WITH,OR OTHERWISE RESULTING FROM ANY USE OF THE VIA SERVICES,REGARDLESS OF VIAS NEGLIGENCE(WHETHER ACTIVE,AFFIRMATIVE,SOLE,OR CONCURRENT),EVEN IF VIA OR ANY OF ITS REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VIA SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO,IN CONNECTION WITH,OR OTHERWISE RESULTING FROM:(i)THE USE OR THE INABILITY TO ACCESS THE VIA SERVICES;(ii)ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANOTHER USER OF THE VIA SERVICES(INCLUDING A RIDER OR DRIVER),(iii)THE LOSS OF PROPERTY,(iv)THE PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;(v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;NO STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY IN OR USING THE VIA SERVICES;(vii)YOUR RELIANCE ON CONTENT MADE AVAILABLE TO YOU BY VIA(INCLUDING ANY THIRD-PARTY CONTENT);OR(viii)ANY OTHER MATTER RELATING TO,IN CONNECTION WITH,OR OTHERWISE RESULTING FROM ANY USE OF THE VIA SERVICES. VIA SHALL NOT BE LIABLE FOR ANY LOSS,DAMAGE,OR INJURY WHICH MAY BE INCURRED BY YOU ARISING OUT OF,OR IN ANY WAY CONNECTED WITH THE VIA SERVICES(INCLUDING TRANSPORTATION,DELIVERY, OR LOGISTICS SERVICES THAT ARE RESERVED,ARRANGED,PROVIDED,OR RECEIVED THROUGH THE VIA SERVICES),INCLUDING ANY LOSS,DAMAGE,OR INJURY RESULTING FROM ANY INTERACTION, RELATIONSHIP,OR TRANSACTION BETWEEN YOU AND ANY OTHER USER(INCLUDING UNAUTHORIZED USERS),EVEN IF VIA OR ANY OF ITS REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE A RIDER OR A DRIVER,YOU MAY USE THE VIA SERVICES TO REQUEST,SCHEDULE,OR RECEIVE TRANSPORTATION,DELIVERY,OR LOGISTICS SERVICES AND VIA MAY INTRODUCE YOU TO OTHER USERS IN RELATION TO SUCH SERVICES,BUT YOU AGREE THAT VIA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY OTHER USERS OR THIRD PARTIES,OR THEIR CONDUCT,OR FOR ANY TRANSPORTATION, DELIVERY,OR LOGISTICS SERVICES THAT WERE PROVIDED OR NOT PROVIDED TO YOU.USE CAUTION AND COMMON SENSE WHEN USING TRANSPORTATION,DELIVERY,OR LOGISTICS SERVICES ARRANGED THROUGH THE VIA SERVICES. VIA SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO,IN CONNECTION WITH,OR OTHERWISE RESULTING FROM THE SELECTION OF,USE OF,LACK OF,OR IMPROPER INSTALLATION OF CHILD RESTRAINT SYSTEMS,INCLUDING CHILD SAFETY SEATS AND BOOSTER SEATS.IF YOU USE THE VIA SERVICES TO MAKE A RESERVATION FOR TRANSPORTATION SERVICES THAT INCLUDE A CHILD SAFETY SEAT,BOOSTER SEAT,OR OTHER CHILD RESTRAINT,IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT IT IS APPROPRIATE FOR THE CHILD,THAT IT IS INSTALLED CORRECTLY,AND THAT THE CHILD IS PROPERLY SECURED. VIA SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO,IN CONNECTION WITH,OR OTHERWISE RESULTING FROM A DRIVER'S PROVISION OF ASSISTANCE TO YOU OUTSIDE OF THE DRIVER'S VEHICLE. VIA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF PROPERTY(INCLUDING PROPERTY YOU MAY LEAVE IN A VEHICLE AS A RIDER OR DRIVER USING THE VIA SERVICES). YOU EXPRESSLY WAIVE AND RELEASE VIA FROM ANY AND ALL LIABILITY,CLAIMS,OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE DRIVER OR ANY THIRD PARTY INTRODUCED TO YOU THROUGH THE VIA SERVICES.THIS RELEASE IS INTENDED TO APPLY TO ALL CLAIMS NOT NOW KNOWN OR SUSPECTED TO EXIST,WITH THE INTENT OF WAIVING THE EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542,WHICH STATES:"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT,IF KNOWN BY HIM OR HER,MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY;'AS WELL AS OTHER LAWS REQUIRING PRESENT INTENT TO RELEASE FUTURE UNKNOWN CLAIMS. IN NO EVENT SHALL VIAS TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF:(i)THE TOTAL AMOUNT OF FEES WE RECEIVE FROM YOU IN THE THREE(3)MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY,OR(ii)ONE THOUSAND U.S.DOLLARS($1,000.00).THE LIMITATION OF LIABILITY IN THE PRECEDING SENTENCE SHALL NOT APPLY TO VIA'S LIABILITY FOR(A)DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE;OR FOR(B)ANY INJURY CAUSED BY ITS FRAUD OR FRAUDULENT MISREPRESENTATION.THESE LIMITATIONS OF LIABILITY ARE A FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VIA. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES,IN SUCH STATES OR JURISDICTIONS,VIAS LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 12. Indemnity For purposes of this section,"Via"includes our affiliates,subsidiaries,parents,successors and assigns,and each of our respective officers,directors,employees,agents,and shareholders: You agree to defend,indemnify,and hold harmless Via from and against any losses,liabilities,claims,actions, penalties,fines,or demands,including attorneys'fees,experts'fees,and accounting fees,which arise out of or in connection with:(i)your use of or reliance on any Via Content(including Promotions),(ii)your use of or reliance on any User Submissions,(iii)your use of or reliance on any Third-Party Content(including Third- Party Promotions),(iv)Via's use of your User Submissions,(v)your unauthorized use of the Via Services,(vi) any third party's access to or use of the Via Services using your User Account,(vii)your violation of any rights of any third party,including other Users,(viii)any dispute or issue between you and any third party,including any Rider or Driver,(ix)your provision of incorrect or outdated contact information(including a telephone number or email address),or(x)your breach of these Terms. 13. Termination & Account Restrictions Your rights under this Agreement terminate automatically without notice if you fail to comply with these Terms or any Additional Terms that may apply to you.Via may restrict your access to the Via Services,suspend your User Account,or deactivate or otherwise permanently terminate your User Account at its sole discretion, immediately,at any time,and for any reason.Via reserves the right to block access to the Via Services from any User Account,device,and/or IP address.You agree that we have no liability whatsoever with respect to any change to the Via Services or any termination of your access to or use of the Via Service. You may terminate these Terms,except for those provisions that survive termination,at any time by deactivating your User Account,uninstalling all Via Apps(if applicable)and ceasing all use of the Via Services. Upon termination of these Terms by any party,for any reason,or for no reason:(1)your rights to access the Via Services will terminate immediately,(2)you must cease all use of the Via Services,(3)any provision of these Terms that contemplates or governs performance or observance subsequent to termination will survive termination,including(i)Arbitration Agreement&Dispute Resolution,(ii)Communications,(iii)Intellectual Property,(iv)Prohibitions,(v)Disclaimers,(vi)Limitation of Liability,(vii)Termination and Account Restrictions,(viii)Indemnity,(ix)Notices,and(x)General. 14. Notices We may give you notice by email,text message,telephone calls,mail,or by either general or individualized notifications posted in or through the Via Services,including in the Via Apps or Via Websites.Any notices to you that are not posted in or through the Via Services will be provided to you at the email address(es), physical address(es),or telephone number(s)associated with your User Account.Except as explicitly stated otherwise,any notices to Via or its affiliates,officers,and directors shall be given by certified mail to the relevant address listed here. 15. General These Terms,including any Additional Terms,constitute the entire agreement between you and Via concerning your use of the Via Services.Via may assign these Terms without your consent to(a)any subsidiary or affiliate,(b)any acquirer of Via's equity,business,or assets,or(c)a successor by merger.You may not assign these Terms without Via's prior written approval. Via's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid,illegal,or unenforceable for any reason,the court or arbitrator shall strike the provision and endeavor to give effect to the parties'intentions as reflected in the provision,and all other provisions of these Terms shall remain in full force and effect. The section and subsection titles in these Terms are for convenience only and have no legal or contractual effect.In these Terms,the words"including"and"include"mean"including,but not limited to.' Except as otherwise stated in the Arbitration Agreement&Dispute Resolution section,these Terms shall be governed by the laws of the State of New York,without regard to its conflict of law provisions.This choice of law provision is only intended to specify the use of New York law to interpret these Terms and is not intended to create any other substantive right for non-New York residents to assert claims under New York law whether by statute,common law,or otherwise. 55 Stay informed. Company Careers Media Support Subscribe to our newsletter. About Open roles Newsroom Rider Safety Life at Via Media Kit Driver What's your email? Security Teams Developer Interview at Via ® English v in f � Privacy Accessibility Terms of Use Cookie Settings <S,> ©Via Transportation,Inc. 56 Date: 1/13/2023 Report No. 2023-005 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: FY 2021-22 Denton Energy Center(DEC)YTD September 2022 Dashboard BACKGROUND: Attached is the September FY 2021-22 Dashboard for the Denton Energy Center. The dashboard is intended to give a snapshot of relevant DEC metrics. The dashboards highlight the following: • The Emission Charts (based on calendar year) display the September engine runtime hours, starts, stops, monthly and annual emissions totals and limits. • A DEC financial summary showing September FY 2021-22 Actuals, FY 2021-22 Budget, Actuals as of September 2022 and the FY 2021-22 end of year projections. o As a result of Winter Storm Uri and the hot summer months of 2022, the FY 2021-22 year-end projections have been updated to show a $3.4 million decrease in DEC fuel cost. • The Plant Monthly Run Hour Comparison Graph illustrates the monthly plant run times. • The Key Trends section explains variances in revenues and expenses. o Due to running more hours through September, the fuel cost was $3.4 million lower. o The net income for the DEC through September equals $8.94 million,which is a direct result of higher run times than budgeted. o The DEC Gross Margin through September was $33.41 million which is $25.10 million higher than budgeted also mainly due to Winter Storm Uri. (The Gross Margin=DEC Revenue—Fuel cost—Variable Operating &Maintenance cost.) Gross Margin represents the component of revenue available to pay fixed cost including debt. ATTACHMENT(S): Denton Energy Center(DEC) Dashboard STAFF CONTACTS: Cassey Ogden Interim-Assistant City Manager (940) 349-7195 cassandra.ogdenkcityofdenton.com Nick Vincent Interim-Finance Director (940) 349-8063 nicholas.vincentkcityofdenton.com 57 City of Denton, Texas FY 2021-22 Denton Energy Center DENTON YTD September 2022 Dashboard Emissions September 2022 Volatile Particulate Particulate Carbon Engine Nitrogen Carbon Organic Matter<10 Matter<2.5 Sulphur Dioxide Runtime Hot Warm Cold Oxides Monoxide Compound microns microns Dioxide Ammonia Equivalents Description (hours)* Starts Starts Starts Stops Description (NOx) (CO) I (VOC) (PM10) (PM2.5) (SOZ) (NHA (COZe) DEC Monthly Emissions Total(tons) 1.67 1.58 1.77 1.66 1.66 0.03 0.44 19,451.00 Engines(1-12) 2, DEC Annual Permit Limit Operations(tons)** 29.78 93.52 48.16 69.72 69.72 1.45 60.90 Monthly Plant Emissions per DEC Permit Limit 5.61% 1.69% 3.689/c 2.38% 2.38% 1.97% 0.72% Annual to Date Plant Emissions per DEC Permit Limit 51.80% 17.10% 31.30% 20.90% 20.90% 17.00% *Overthe past 12 months,the DEC engines ran 30%of the time. During the month of September,the DEC engines ran 33%of the time. **Operations Annual Limit accounts for Balance of Plant standard emissions Generation&Gross Revenues Month Revenue Mwh $/MWh Plant Month IV Run Hour Comparison 6,000 Oct-21 $3,283,392 36,361 $90.30 5,452 Nov-21 $2,900,790 26,776 $108.34 5,000 Dec-21 $1,073,883 11,028 $97.37 3,904 3,972 Jan-22 $1,183,268 14,651 $80.77 i2 4,000 Feb-22 $3,902,695 15,172 $257.23 x 3,000 _ _ _ 2,808 7 _ Mar-22 $1,645,577 14,850 $110.81 _2735 2,589 2,51 2,221 Apr-22 $2,565,586 20,630 $124.36 1,773 2,000 11 675 1,538 May-22 $61511,999 32,234 $202.02 1,347 1,210 Jun-22 $5,399,858 57,964 $93.16 i,000 I Jul-22 $18,419,548 71,998 $255.84 Aug-22 $9,366,541 76,384 $122.62 ti 1� 'F> ti ti~ ,y'L titi vti v1 titi titi .-"t ti1 Sep-22 $3,691,782 40,345 >so' Total FY 2021-22 $59,944,927 418,392 $2021-2 Operating Month FY 021-22 FY 2020-21 FY 2021-22 PRELIMINARY ACTUALS BUDGET ACTUALS Key Trends DEC REVENUE $ 138.89 $ 21.29 $ 59.94 EXPENDITURE SUMMARY In 2021-22,the DEC produced 174,170 MWh more than the same time period of FY 2020-21.However, Energy Expense-Fuel $ 29.68 $ 12.75 $ 26.28 due to Winter Storm Uri in February 2021 and the hot summer months of 2022,FY 2021-22 revenues Personnel services 1.82 1.80 1.97 were approximately$78.9 million less and fuel costs were$3.4 million less last fiscal year. Materials&Supplies 0.27 1.70 1.01 Maintenance&Repair 0.38 0.56 0.91 The DEC Gross Margin as of September 30 was$33.41 million which is$25.10 million higher than Insurance 1.22 1.81 2.93 budgeted(Gross Margin=DEC Revenue-Fuel Cost-Variable Operating&Maintenance Cost). Operations 0.66 0.33 0.35 Debt Service-Principal 7.85 8.26 8.26 Debt Service-Interest 9.43 9.04 9.04 Interfund Transfers 0.24 0.26 0.25 Transfer to Capital Projects - - - DEC EXPENDITURES $ 51.55 $ 36.51 $ 51.00 58 DEC NET INCOME $ 87.34 $ (15.22) $ 8.94 Note: All dollar figures presented in millions. January 13,2023 Report No. 2023-006 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Northeast Denton Area Plan Steering Committee BACKGROUND: The City is beginning the Northeast Denton Area Plan with the assistance of HDR Architecture, Inc.Previous work identified Area Plans as Commission's and Council's implementation priorities. Policies and actions in the Denton 2040 Comprehensive Plan call for the creation of Area Plans to address challenges and preserve and enhance the character of distinct areas. On April 5,2022, City Council gave staff direction to proceed with the preparation of the top three identified Area Plans -Northeast Denton Area Plan, Southeast Denton Area Plan, and the update to the Downtown Master Plan—to create a community-based vision for the long-term success of each respective area. At the meeting, the City Council directed staff to start with the Northeast and Southeast Denton Area Plans first and then to follow with the Downtown Master Plan Update. On December 6, 2022, the City Council authorized the City to enter into a contract with HDR Architecture, Inc.to provide professional services for assistance in the creation of the Northeast Denton Area Plan. DISCUSSION: A steering committee is formed to help guide the planning process in developing area plans. The Steering Committee provides input and feedback related to the various ideas or concepts proposed, validates findings, builds consensus, and evaluates what is in the best interest of the project area for the long term.The steering committee acts in the best interest of all stakeholders and is engaged throughout the duration of the project. The Northeast Denton area is unique therefore the Steering Committee should represent a variety of community interest groups and stakeholders. The Steering Committee members should understand the history and character of the area in order to help guide the planning process. HDR Architecture recommended a variety of stakeholder representation. The Steering Committee members for the Northeast Denton Area Plan are listed in the table below. The committee members have diverse backgrounds and interests within the project area. It is important to note that the Steering Committee members also serve as liaisons to other interested persons within the project area and are responsible for helping disseminate information to those interested in the project outcome. The Northeast Denton Area Plan Steering Committee members are scheduled to attend a minimum of three dedicated meetings and are encouraged to attend public workshops, open houses, and public hearings. Each member was contacted and agreed to serve on the Committee. 59 January 13,2023 Report No. 2023-006 Northeast Denton Area Plan Steering Committee Name Stakeholder Representation Interest Susan Smith* City Resident Travis Ekmark* County Resident Randy Smith* City Property Owner Wesley Reed* County Property Owner Ned Woodbridge* Neighborhood Association/Group Liaison Suzi Rumohr Bicyclist Vickie McGovern* Equestrian Riding Group Clay Thurman Hiking Group/Master Naturalist Eric Pruett Planning and Zoning Commissioner (Pending) Parks, Recreation &Beautification Board Member Edward Soph Sustainability Framework Advisory Committee Lee Ramsey Economic Development Partnership Board Cassandra Berry Historic Landmark Commissioner *Also is a resident or property owner in the project area. Based on past experiences of staff and HDR Architecture, Inc., Steering Committees are most effective with 10 to 15 members. A small group works best because communication is more focused, and staff and the consultant can better manage the tasks assigned to the Steering Committee. Moving forward staff will use a similar methodology for selecting the Steering Committee for the other two upcoming Area Plans. The members and associated backgrounds will differ for each Area Plan, as each has a specific need and purpose. ATTACHMENTS: 1. Northeast Denton Area Plan Draft Boundary Map STAFF CONTACT: Ron Menguita Principal Planner ron.menguita@cityofdenton.com (940) 349-8328 REOUESTOR: Staff Initiated STAFF TIME TO COMPLETE REPORT: 4 hours PARTICIPATING DEPARTMENTS: Development Services, Parks & Recreation and Economic Development 60 Northeast Denton Area Plan Draft BoundaryMap ( GRIBB , ( . r2 • '' ' '.' f , � �: f'y I 1 - 1` �p a •,, � '„ar:y„ '� �$'•• A^K � •: to h�"�, I �' •• , r '•r � � j 215 p� �tri' c ' ( -••-' 3ar N i',� i�': ;••• P, I ...a �L' "o }♦ �' ��, ,,, s ----------�------I EL _ z. 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L------------- CITY a OF City Proper Q ° u � DENTON p Development Services • GIS Z Date: 5/27/2022 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Although every effort was made to ensure the accuracy of this data, no such guarantee is given or implied. Utilization of this map indicates the understanding that there is no guarantee to the accuracy of this data. January 13,2023 Report No. 2023-007 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Proposed Denton County Emergency Services District No. 2 EXECUTIVE SUMMARY: On Dec. 6, 2022, the City of Denton received notice of a petition for the creation of a proposed Denton County Emergency Services District No. 2, which includes portions of the City of Denton's extraterritorial jurisdiction. The City may grant its consent to the creation of the district, which is scheduled for Council consideration on January 24, 2022. Due to the planned extension of City of Denton Fire/EMS services into the same portions of the extraterritorial jurisdiction that the proposed Emergency Services District No. 2 is intending to serve, staff will recommend that the City does not grant its consent to the creation of the district. BACKGROUND: The City of Denton includes a five-mile extraterritorial jurisdiction (ETJ) outside corporate city limits. An ETJ is an"unincorporated area that is contiguous to the corporate boundaries"of a city. TEX.LOC. GOV'T CODE§42.021. The ETJ,a concept created by the Texas Legislature in 1963, is said to be established in order"to promote and protect the general health, safety, and welfare of persons residing in and adjacent to"cities, a sort of buffer zone outside of a city's corporate limits. Id. §42.001.The ETJ has been divided into two divisions via an Interlocal Agreement with Denton County, each with a different regulatory authority. The City has exclusive jurisdiction to regulate subdivisions or plats and related plans that are wholly or mostly located in ETJ Division 1. Denton County has exclusive jurisdiction to regulate subdivisions or plats that are wholly or mostly located in ETJ Division 2 (see attached map). Within both divisions of the ETJ, the City has experienced a recent and significant growth of Municipal Utility Districts (MUDS). The City is currently managing over 13 MUD applications which would, when fully built out, result in approximately 6905 acres of development and the potential for 120,000 new residents just beyond the boundaries of the City. The City and its residents, now or in the future, may be responsible for the provision of services to MUDS if growth is not managed effectively and comprehensively. The City's concerns regarding development within the ETJ includes the lack of land use and zoning standards, transportation infrastructure planning, water availability and infrastructure planning, and the planning and coordination of emergency services. Should MUD services prove inadequate in the long term,those residents will increasingly look to the City of Denton to intervene and provide the level of services they expect and desire. With this in mind, the City has initiated critical planning steps to proactively review and provide services to MUDS in its ETJ. This would prevent the City from unexpectedly being compelled to provide those services in the future at a greater cost. Fire/EMS Service in the ETJ It is the responsibility of the Denton County Fire Marshal's office to assign agencies response areas within the County. Currently, Fire/EMS services in the City of Denton's western ETJ are provided by a complex combination of volunteer Fire/EMS departments, departments of smaller 62 January 13,2023 Report No. 2023-007 municipalities located west of Denton, and the City of Denton Fire Department.As the population within Denton's ETJ has grown,the volunteer and smaller municipal departments are increasingly less equipped to manage the volume and complexity of service calls. Nearby departments cannot consistently provide service to the MUDS and retain sufficient coverage for their primary service area. As a result, the City of Denton has provided an increasing amount of mutual aid support to these departments—either in responding to the calls for service outright, staffing the service areas of these departments as their limited personnel responds in the ETJ, or both. In both cases, the cost of this mutual aid service is borne by the residents of the City of Denton and not those in the ETJ. DISCUSSION: On Dec. 6, 2022, the City of Denton received notice (attached) of a petition for the creation of a proposed Denton County Emergency Services District No. 2 (ESD2),which includes portions of the City of Denton's extraterritorial jurisdiction. The petition, promulgated by the Justin Volunteer Fire Department and the Ponder Volunteer Fire Department,proposes to create a new Emergency Services District that is wholly within Denton County and includes portions of the City of Denton's ETJ Division 1 and ETJ Division 2 (see attached ESD2 map). The petition organizers anticipate the creation of the district will be presented to the voters in its proposed service area in May 2023. According to state statute, before an emergency services district may be created that contains territory in a municipality's ETJ, a written request for the municipality's consent must be presented to its governing body. Under state statute, consent will be requested from the following cities in addition to Denton: Ponder, Justin,New Fairview, Dish,Northlake, and Fort Worth. Should consent not be given by the City of Denton on or before the 60th day after the city receives the request, a majority of the qualified voters and the owners of at least 50% of the portions of the ETJ that would be included in ESD2 may petition the City to make fire control and emergency medical services available to that territory. If the City then fails to act on the petition requesting those services within 6 months of receiving the petition, then those portions of the ETJ will be included in ESD2, provided Denton County chooses to call an election to create the ESD and the electorate votes in favor of the ESD's creation. Future City of Denton Fire/EMS Services in the ETJ Because of the growth of development in the City's ETJ,particularly due to MUDS, the City is engaged with developers and actively planning to extend water, wastewater, and Fire/EMS services to these neighborhoods. A future Denton fire station is being planned for the 380 and FM 156 intersection to provide services to contracted MUDs and,when opened, could serve most planned MUDs in the City's ETJ (see attached map of future Denton Fire/EMS service capability in the ETJ). The ESD2 proposes to serve the same area but is currently years behind in the planning process and could not provide service until a much later date. Capability and Capacity. o�y of Denton Fire/EMS Compared to the likely services an ESD2 could provide, the City of Denton is far superior in terms of available staff and overall capability. While an ESD would likely provide fire protection and emergency medical services to the residents in the ETJ, the City of Denton would provide those capabilities plus hazardous materials response, swift water rescue, and technical rescue. Not only would this result in a higher level of service for ETJ residents,particularly 63 January 13,2023 Report No. 2023-007 compared to the current service they might receive from other departments, but it illustrates that the proposed ESD2 may still rely on Denton to provide specialized services to ETJ residents through mutual aid without reimbursement to the City of Denton. Additionally, the Denton Fire Department has a daily staffing of 65 firefighters. Currently, Krum Fire Department has daily staffing of 5 and the Ponder Volunteer Fire Department has 0 (no paid personnel, all volunteers). Denton can reach an effective response force for incidents in the MUDS under development in our ETJ with a greater level of firefighters on duty daily. This superior response capacity is not expected to change with the establishment of the proposed ESD2. CONCLUSION: Given the current plans for a fire station to serve planned and existing MUDS, the superior service capability and capacity of the Denton Fire Department, and the likelihood that a new ESD that serves MUDS in the Denton ETJ may continue to rely on City of Denton for fire/EMS services, staff believes the proposed ESD2 service to MUDS within the City of Denton ETJ to be unnecessary and duplicative. For these reasons,when Council considers providing its consent for the proposed ESD2 on January 24, staff intends to recommend that consent not be provided. ATTACHMENTS: 1. City of Denton ETJ Division Map 2. Notice of proposed Denton County Emergency Services District No. 2 3. Map of proposed Denton County Emergency Services District No. 2 4. Future City of Denton Fire/EMS Service Capability in ETJ STAFF CONTACT: Scott McDonald Director, Development Services Scott.McDonald@cityofdenton.com (940) 349-8539 Kenneth Hedges Chief, Denton Fire Department Kenneth.Hedges@cityofdenton.com (940) 349-8830 REQUESTOR: Staff Initiated STAFF TIME TO COMPLETE REPORT: 4 hours PARTICIPATING DEPARTMENTS: Fire 64 January 13,2023 Report No. 2023-007 Development Services City Manager's Office City Attorney's Office 65 City of Denton CityLimits & ETJ Map O COUNTY ROAD 366 p OL Q- UNION GROVE RD yk JLDR Rp f�6 f o 0 W LONE OAK RD x OUNTV ROAp 0 F y 5 N e, z A 5P rc E LONE OAK RD REASON JOIJ. Y ROq "$ O G � _'� COVE TRL Y u y z HIGHP% 0 COUNTY ROAD 200 u M1 GREGORY RD CHISAM RD FMB POLLARD RD z -HOEHN RD }}�,,\\ .4. 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CITY ° OF Cityof Denton - ETJ Division 1 Denton Count e p y � DENTON p Development Services • GIS City of Denton - ETJ Division 2 � Date:4/8/2021 � The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. BURNS ANDERSON JURY & BRENNER, L.L.P. Attorneys and Counselors of Law A Limited Liability Partnership which includes Professional Corporations Telephone: 512/338-5322 From the Desk of: Facsimile: 512/338-5363 KEN CAMPBELL kcampbell@bajb.com bajb.com December 2, 2022 VIA CMRRR 3426 AND EMAIL: Gerard.Hudslneth(ii,)cityofdenton.com The Honorable Gerard Hudspeth Mayor City of Denton 601 East Hickory Street Denton, Texas 76205 RE: Petition for the Creation of the Proposed Denton County Emergency Services District No. 2 Our File No.: 019.39398 Dear Mayor: I represent Justin Community Volunteer Fire Department, Inc. and Ponder Volunteer Fire Department, Inc. The citizens of the area served by these departments have filed a petition with the County Judge of Denton County, Texas for the formation of an emergency services district pursuant to Chapter 775, Texas Health & Safety Code. The entire proposed district would be located wholly within Denton County as described in the attached Petition. It is anticipated that the issue of the creation of this district will be presented to the voters at the May 2023 uniform election date. I am enclosing a copy of a legal description and map of the proposed district for your reference. According to our records, portions of the proposed district contain territory within your municipality's extraterritorial jurisdiction. I am attaching a full copy of the petition to the email I am sending contemporaneously with this correspondence. Pursuant to § 775.014, before a district may be created that contains territory in a municipality's territorial limits or extraterritorial jurisdiction, a written request to be included in the district must be presented to the municipality's governing body after the petition has is filed under Section 775.015,Health & Safety Code. This correspondence is to advise you of the filing of this petition with Denton County and to request the written consent to include the extraterritorial jurisdiction of your P.O.Box 26300,Austin,TX 78755-6300 7804 Bell Mountain Drive#100 Austin,Texas 78730 67 December 2, 2022 BURNS ANDERSON JURY & BRENNER,L.L.P. Page 2 Attorneys and Counselors of Law municipality in Denton County and within the proposed district as outlined on the enclosed legal description. The City previously approved the creation of Denton County Emergency Services District No. 1 within its extraterritorial jurisdiction, and we would hope it would do the same for the proposed Denton County Emergency Services District No. 2 so my clients can enhance and improve their vital emergency services to their communities. Your municipality's consent is required on or before the 601h day after the date of your receipt of this letter. I would appreciate if you would place this matter on the council's docket for consideration and respond with your city's consent prior to this deadline so the election may proceed in a timely manner. If you have any questions, or require additional information, please do not hesitate to contact me at 512/338-5322. Sincerely, BURNS ANDERSON JURY & BRENNER, L.L.P. Ken Campbell KPC/ cc: The Honorable Andy Eads County Judge Denton County 1 Courthouse Drive, Suite 3100 Denton, Texas 76208 VIA EMAIL: David.Cooke(i�fortworthtexas.gov David Cooke City Manager City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 68 [ON CITY LETTERHEAD] [DATE] The Honorable Andy Eads County Judge Denton County 1 Courthouse Drive, Suite 3100 Denton, Texas 76208 RE: Consent of the City of Denton, Denton County, Texas for the Inclusion of the City Limits and Extraterritorial Jurisdiction of the City in the Proposed Denton County Emergency Services District No. 2, Pursuant to Chapter 775, Texas Health & Safety Code. Dear Judge Eads: This correspondence is to certify that at a meeting of the City Council of the City of Denton, Texas, called and conducted in accordance with all applicable law, the Council approved the following motion by a vote of "ayes" and "nays:" Pursuant to Section 775.014 of the Texas Health & Safety Code, the City of Denton, Texas hereby consents to the inclusion of its extraterritorial jurisdiction within the proposed Denton County Emergency Services District No. 2. Sincerely, [NAME] Mayor ATTEST: [NAME] City Secretary cc: Ken Campbell BURNS ANDERSON JURY& BRENNER, L.L.P. P. O. Box 26300 Austin, Texas 78755-6300 69 PETITION FOR THE CREATION OF DENTON COUNTY EMERGENCY SERVICES DISTRICT NO.2 Pursuant to Texas Health and Safety Code,Chapter 775,the undersigned petitioners hereby petition for the creation of an emergency services district whose territorial boundaries would be those as further described in the attached Exhibit A, attached hereto and incorporated herein for all purposes. The proposed Denton County Emergency Services District No. 2 is to be created and is to operate under Article III, Section 48-e, Texas Constitution, and Chapter 775,Texas Health&Safety Code,and will provide the emergency services set forth in Article III,Section 48-e,Texas Constitution. The creation of the proposed Denton County Emergency Services District No.2 complies with Sections 775.020 and 775.0205,Health and Safety Code. The following are municipalities from which consent must be obtained under Section 775,014:the City of Ponder, including both its extraterritorial jurisdiction and city limits; the City of Justin, including both its extraterritorial jurisdiction and city limits; the City of New Fairview, including both its extraterritorial jurisdiction and city limits, but only in Denton County,Texas;the City of Dish,including both its extraterritorial jurisdiction and city limits,but only in Denton County and the proposed Denton County Emergency Services District No.2; the City of Northlake, including both its extraterritorial jurisdiction and city limits, but only in the proposed Denton County Emergency Services District No. 2 and not included in Denton County Emergency Services District No. 1; the extraterritorial jurisdiction of the City of Fort Worth;and the extraterritorial limits of the City of Denton in the proposed District. The undersigned two petitioners obligate themselves to pay not more than $150 of the costs incident to the formation of the proposed district,including the costs of publishing notices,election costs,and other necessary and incidental expenses. OBLIGOR NO.1 OBLIGOR NO.2 Signature �G• Signature -1m,gf �rr� l,Se�s ARIL F2�MJc FCLL04R11 1C Printed Name Printed Name ,Pc,13oK -2 SD 7 ST p,t✓'1 C z cer, •I)Q Mailing Address Mailing Address �pZ1 /.ems ?G.lff X �d2s9 City,State,Zip Code City,State,Zip Code //Z .5 6 -n /mot �I�G(N.Lr��7�� 50 S 10 7 C/ZCC-g 02 Residence Address Residence Address /o/1 MnL(41 06/0//i q 8 yq 8 y Date of Birth DateDate o /O-/7- 2oLZ 10/ 17I1022_ Date of Signing Date of Signing /0?Z 2 3/o1 Voter Registration No. Voter Registration No. 70 SWORN TO AND SUBSCRjt3ED before me, the undersigned authority, by �h- QMas Obligor No. 1,o hhis the Inay of QG-}8k�r ,2022. NO11t111�1111/!/// ` y�pYE THOM,oso,�% ��y =�Dt2 IN AND FOR THE STATE OF TEXAS r 44 of SWORN CRIBED before me, the undersigned authority, by !-; k-IA-�rlva-.as Obligor No.2,on this the!]:Nay of Oc-VoY r ,2022. %AN (►MYEITN/�/O�i �t4,�;•��4¢Y P(/���0so� NOT LIC IN FOR THE S E OF TE FOf� °• /!!l11111111►►� 71 PETITION FOR THE CREATION OF DENTON COUNTY EMERGENCY SERVICES DISTRICT NO.2 Pursuant to Texas Health and Safety Code,Chapter 775,the undersigned petitioners hereby petition for the creation of an emergency services district whose territorial boundaries would be those as further described in the attached Exhibit A, attached hereto and incorporated herein for all purposes. The proposed Denton County Emergency Services District No. 2 is to be created and is to operate under Article I11, Section 48-e, Texas Constitution, and Chapter 775,Texas Health&Safety Code,and will provide the emergency services set forth in Article III, Section 48-e,Texas Constitution. The creation of the proposed Denton County Emergency Services District No.2 complies with Sections 775.020 and 775.0205,Health and Safety Code. The following are municipalities from which consent must be obtained under Section 775-014: the City of Ponder, including both its extraterritorial jurisdiction and city limits; the City of Justin, including both its extraterritorial jurisdiction and city limits;the City of New Fairview,including both its extraterritorial jurisdiction and city limits, but only in Denton County,Texas;the City of Dish,including both its extraterritorial jurisdiction and city limits,but only in Denton County and the proposed Denton County Emergency Services District No. 2;the City of Northlake, including both its extraterritorial jurisdiction and city limits, but only in the proposed Denton County Emergency Services District No. 2 and not included in Denton County Emergency Services District No. 1;the extraterritorial jurisdiction of the City of Fort Worth;and the extraterritorial limits of the City of Denton in the proposed District. The undersigned two petitioners obligate themselves to pay not more than $150 of the costs incident to the formation of the proposed district,including the costs of publishing notices, election costs,and other necessary and incidental expenses. OBLIGOR NO. 1 OBLIGOR NO.2 Signa re Signature I Ps Printed Name Printed Name :�)S E W/) Mailing Address Mailing Address 77 City,State,Zip Code City,State,Zip Code Residence Address Residence Address Date of Birth Date of Birth Date of Signing Date of Signing Voter Registration No. Voter Registration No. 72 SWORN TO AND SUB CRTBED before me, the undersigned authority, by irh Obligor No. 1,on this the day of 2022. as ti�aY°�i LINDSAY GAFFNEY NOTAR P LI D�FOTHE = r Notary IDlS131D26600 My Commission Expires STATE OF TEXAS March 1, 2025 SWORN TO AND SUBSCRIBED before me, the undersigned authority, by -Aiyw 1 ,I 1�� as Obligor No. 1,on this the�day of� �2022 CASTATE OTARY A"U C IN A TH OF TEXAS LINDSAY GAFFNEY Notary ID#131026600 yr *� My Commission Expires �ortE March 1,1025 73 EXHIBIT A As shown on the attached map: BEGINNING at the point where the south right of way of U.S. Highway 380 and the Denton County-Wise County line intersect the south right of way of U.S.Highway 380; THENCE, south following the Denton County-Wise County line to the point where said line intersects the territorial limits of the City of Fort Worth; THENCE, easterly the northerly following the territorial limits of the City of Fort Worth until the territorial limits of the City of Fort Worth intersect with the territorial limits of Denton County Emergency Services District No. 1; THENCE, northerly and easterly following the western territorial limits of Denton County Emergency Services District No. 1 until the territorial limits of Denton County Emergency District No. 1 intersect with the territorial limits of the City of Denton; THENCE, northerly following the western territorial limits of the City of Denton until said territorial limits of the City of Denton intersect with the south right of way of U.S. Highway 380; THENCE, west following the south right of way of U.S. Highway 380 to the PLACE OF BEGNNING. Save and except any territory within the proposed Denton County Emergency Services District No. 2 contained in the territorial limits of the City of Forth Worth or the City of Denton as they exist as of October 10,2022. 74 • tom„ _ _ 1 t� Dk "1 MIN lie 1` Mnt �'N'y DoYYIe i o>k A ' 1 Flower and I J _ om.Y •:Tro�Yp. Club •� trY4 _ Soutklnke •••GOVry�•.. —�._utl[ura,t[ .. cuetar :...._. YSInnIgAt •--.nAuwos ~Ilwtvfii 6:1¢NONt4Y �I.y��_ Cvh..e e.• OVtfVI[1Y Map tlutw nNwlwshlu Aa 4 N �`•,�••+ t +-Nipllllplp/ ` IA Slvv;os r. tv.. re ti••unttrn LnIn141Mti Nltp r�i.wu:c ._'•..�ww� tYWNn:it.�.l _.l nn• S �w 1'nuch u�g9��u tY�n� 1n�L-wa�.c.mn�•nr�. r...w ��� .. 75 3130 —Aw • • • • • ESD 2 96 ^181 22da =W VIEW LANTANA n��T1N HIGHLANE z� VILLAGE �m 4a 2� ao7 FFI 117t 11a FLOWER MOUND �* 76 Texw Parks&Wildlife, Esri, HERE,Gamlin, SafeGraph, METI/NASA, USGS,EPA,NPS,USDA ROANOKE TROPHY CLUB ;rant.virl F. 0 DFD Fire Stations ® Denton City Limits I Denton ETJ-1 211 VA Denton ETJ-2 ESD 2 1173 KRUM 380- Q • a • PONDER • A CORINTH ESD 2 'S 99 218' 2264 u I— =W - VIEW LAN A 407 JUSTIN 77 Texas Parks&Wildlife, Esri, HERE,Gamim, Sa eGra h, METIMASA,USGS, EPA,NP9s1USI)XANE r r� VILLAGE ODFD Fire Statib ns ()DFD Meadows Fire Station 0 4.0 Minute Response Time Denton ETJ-1 Denton ETJ-2 24M , ESD 2 KRU m U J m a PONDER 2449 • 156' 4di e, _ri, C�a n i Sae a 6 e(f nol r'NAS A, Friday Report - Council Requests smartsheet Summary of Request Council Member Date Received Staff Assigned Requestor Request for an update on pedestrian paths timelines Mayor Pro Tern Beck 01/12/23 Becky Diviney,Danielle Shaw Capital Projects/Engineering Information will be included in a In Progress 1 and challenges to get to the new Our Daily Bread Community Services future Friday Report facility. 2 Request for information regarding development on Council Member McGee 01/10/23 Scott McDonald Development Services Information will be included in a In Progress Corbin Rd. future Friday Report 3 Request to address the issue of large semi trucks Council Member McGee 01/10/23 Becky Diviney Capital Projects/Engineering Information will be included in a In Progress driving through the center of town. future Friday Report 4 Request for the video of the Dec.13 City Council Council Member McGee 01/10/23 Stuart Birdseye Marketing and Communication Link to video was provided to Complete meeting. CM McGee. 5 Shared NLC City Cultural Diversity Award with staff. Council Member McGee 01/10/23 Gary Packan,Randi Weinberg, Human Resources Parks Referred to staff for review. Complete Sarah Kuechler 6 Property maintenance inquiry on Meadow Ridge Rd. Council Member Davis 01/09/23 Gary Packan Parks Information will be included in a Complete future Friday Report Request for staff to address homelessness issues Council Member McGee 01/09/23 Danielle Shaw Community Services Referred to Community Complete 7 near local businesses. Services and the Homeless Outreach Team. Inquiry on heavily canopied parcel near Spencer. Mayor Pro Tern Beck 12/21/22 Antonio Puente,Mack DIVE Legal Awaiting outside counsel. Complete Reinwand Information will be included in a future Friday Report. Exported on January 13,2023 4:27:00 PM CST 79 Page 1 of 1 1/13/23,4:28 PM (8)2023 Council Request Launchpad-Smartsheet.com FY 22/23 Council Requests Number of Requests Per Quarter Total Requests Made by Council Member Requests by Department 200 124 Community Svcs Enviro.Svcs 100 Animal Svcs 14 p 0 Strategic Svcs 0 Capital Projects 01 22/23 02 2223 03 22/23 04 2223 Water Utilities CSO HR ■ DME CMO Library Legal Please Note:the total number of requests per council member or department may • Jesse Davis• Mayor Gerard Hudspeth• Vicki Byrd Fire ■ not match,as several council members and/or departments may be associated • Mayor Pro Tem Brian Beck• Alison Maguire Police with a single request. Tech Services Chris Watts• Brandon Chase McGee Airport Marketing&Comms Customer Service ■ Economic Dev M Development Svcs Council Number of Pending Requests by Council Member Finance Requests Audit q Municipal Court 10 Procurement 8 5 2 5 Solid Waste&Recycling sk 0 0 0 0 Parks&Rec 0 Other ,esse 0av" Ord HodsPeo 'Jo'eye gran Bec" AN-pn 1 j`ag""a Get sCease Mee 0 20 40 DENTON W401 e0140n 80 https://app.smartsheet.com/dashboards/7w3gpfHggMf94r92pF9w5QCG9CHQv4rrMmj84xw1 1/2 City of Denton City Hall 215 E.McKinney St. Meeting Calendar Denton,Texas 76201 U E NTO N www.cityofdenton.com Criteria : Begin Date: 11112023, End Date: 313112023 Date Time Meeting Body Meeting Location January 2023 1/4/2023 2:00 PM City Council Council Work Session Room Council Chambers 1/5/2023 8:00 AM Agenda Committee City Hall Conference Room 1/5/2023 8:30 AM Economic Development Partnership Development Service Center Board Training Rooms 1/9/2023 9:00 AM Public Utilities Board City Council Chamber 1/9/2023 10:00 AM Development Code Review Committee Development Service Center 1/9/2023 5:30 PM Library Board Conference Room at the South Branch Library, 3228 Teasley Ln., Denton,Texas 1/9/2023 6:00 PM Board of Ethics Council Work Session Room 1/9/2023 6:00 PM Parks, Recreation and Beautification Civic Center Community Room Board 1/10/2023 2:00 PM City Council Council Work Session Room Council Chambers 1/11/2023 11:00 AM Economic Development Partnership Development Service Center Board Training Rooms 1/11/2023 3:00 PM Airport Advisory Board Airport Terminal Meeting Room 1/11/2023 5:00 PM Planning and Zoning Commission Council Work Session Room Council Chambers 1/12/2023 2:00 PM City Council Council Work Session Room Council Chambers 1/12/2023 3:00 PM Health&Building Standards Development Service Center Commission Training Rooms 1 and 2 401 N. Elm Street, Denton 1/13/2023 12:00 PM Community Services Advisory Development Service Center(401 Committee N. Elm Street, Denton,Texas) 1/19/2023 3:00 PM Committee on Persons with Disabilities Development Service Center 1/23/2023 9:00 AM Public Utilities Board Council Work Session Room 1/23/2023 5:30 PM Historic Landmark Commission Development Service Center City of Denton Page 1 Printed on 111312023 81 Meeting Calendar continued.. Date Time Meeting Body Meeting Location 1/23/2023 5:30 PM Traffic Safety Commission Development Service Center 1/24/2023 2:00 PM City Council Council Work Session Room Council Chambers 1/25/2023 10:00 AM Mobility Committee Council Work Session Room 1/25/2023 12:00 PM Downtown Denton Tax Increment CANCELLED Financing Zone No. 1 Board 1/25/2023 1:00 PM Civil Service Commission City Hall East Human Resources Training Room 1/25/2023 5:00 PM Planning and Zoning Commission Council Work Session Room Council Chambers 1/27/2023 1:00 PM Sustainability Framework Advisory Council Work Session Room Committee 1/30/2023 5:30 PM Zoning Board of Adjustment Development Service Center February 2023 2/2/2023 8:00 AM Agenda Committee City Hall Conference Room 2/2/2023 8:30 AM Economic Development Partnership Development Service Center Board Training Rooms 2/2/2023 4:00 PM Public Art Committee Civic Center Community Room 2/6/2023 6:00 PM Parks, Recreation and Beautification Civic Center Community Room Board 2/7/2023 2:00 PM City Council Council Work Session Room Council Chambers 2/8/2023 11:00 AM Economic Development Partnership Development Service Center Board Training Rooms 2/8/2023 3:00 PM Airport Advisory Board Airport Terminal Meeting Room 2/9/2023 3:00 PM Health&Building Standards Development Service Center Commission 2/10/2023 12:00 PM Community Services Advisory Development Service Center(401 Committee N. Elm Street, Denton,Texas) 2/13/2023 9:00 AM Public Utilities Board Council Work Session Room 2/13/2023 5:30 PM Historic Landmark Commission Council Work Session Room 2/14/2023 9:00 AM Committee on the Environment Council Work Session Room 2/15/2023 5:00 PM Planning and Zoning Commission Council Work Session Room Council Chambers 2/21/2023 2:00 PM City Council Council Work Session Room Council Chambers City of Denton Page 2 Printed on 111312023 82 Meeting Calendar continued.. Date Time Meeting Body Meeting Location 2/24/2023 1:00 PM Sustainability Framework Advisory Council Work Session Room Committee 2/27/2023 9:00 AM Public Utilities Board Council Work Session Room 2/27/2023 5:30 PM Zoning Board of Adjustment Development Service Center March 2023 3/1/2023 5:00 PM Planning and Zoning Commission Council Work Session Room Council Chambers 3/2/2023 8:00 AM Agenda Committee City Hall Conference Room 3/2/2023 8:30 AM Economic Development Partnership Development Service Center Board Training Rooms 3/6/2023 5:30 PM Historic Landmark Commission Development Service Center 3/6/2023 6:00 PM Parks, Recreation and Beautification Civic Center Community Room Board 3/7/2023 2:00 PM City Council Council Work Session Room Council Chambers 3/8/2023 11:00 AM Economic Development Partnership Development Service Center Board Training Rooms 3/8/2023 3:00 PM Airport Advisory Board Airport Terminal Meeting Room 3/9/2023 3:00 PM Health&Building Standards Development Service Center Commission Training Rooms 1 and 2 401 N. Elm Street, Denton 3/13/2023 9:00 AM Public Utilities Board Council Work Session Room 3/14/2023 9:00 AM Committee on the Environment Council Work Session Room 3/15/2023 5:00 PM Planning and Zoning Commission Council Work Session Room Council Chambers 3/21/2023 2:00 PM City Council Council Work Session Room Council Chambers 3/22/2023 12:00 PM Downtown Denton Tax Increment Development Service Center Financing Zone No. 1 Board Training Rooms 3/24/2023 1:00 PM Sustainability Framework Advisory Council Work Session Room Committee 3/27/2023 5:30 PM Zoning Board of Adjustment Development Service Center 3/29/2023 5:00 PM Planning and Zoning Commission Council Work Session Room Council Chambers City of Denton Page 3 Printed on 111312023 83 Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Tuesday,January 24,2023 2:00 PM Council Work Session Room Council Chambers Special Called Meeting WORK SESSION BEGINS AT 2:00 P.M.IN THE COUNCIL WORK SESSION ROOM CLOSED MEETING BEGINS IMMEDIATELY FOLLOWING THE WORK SESSION IN THE COUNCIL WORK SESSION ROOM CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEM FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE CLOSED MEETING IN THE COUNCIL CHAMBERS CITY COUNCIL CONSIDERATION OF THE PUBLIC HEARING WILL BEGIN AT/AFTER 6:30 P.M.IN THE COUNCIL CHAMBERS CITY COUNCIL CONSIDERATION OF ADDITIONAL INDIVIDUAL CONSIDERATION ITEMS WILL BEGIN IMMEDIATELY FOLLOWING THE PUBLIC HEARING IN THE COUNCIL CHAMBERS REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Individuals may speak during a Council meeting under one of the following categories: Open Microphone: At regular meetings only, individuals can speak on any topic that is not on the agenda for no longer than four (4) minutes per individual. This portion of the meeting occurs immediately after the start of the regular meeting session. Please note, Council members cannot engage in a discussion on topics presented during this portion and there are limited slots available for this portion of the meeting. Comments on Agenda Items: Public comments can be given for any item considered by the Council, EXCEPT work session reports or closed meetings. Individuals are only able to comment one time per agenda item and cannot use more than one method to comment on a single agenda item. Public comments are limited to three (3) minutes per citizen. Public Hearing Items: Individuals are limited to four(4)minutes per public hearing item. Individuals may participate by using one of the following methods: Page 1 Printed on 111312023 84 City Council Meeting Agenda January 24, 2023 1. In Person for Regular or Consent Agenda Items: To provide in-person comments regular or consent agenda items (excluding public hearing items), Individuals must be present at the meeting and submit a speaker card (available at the meeting location) to the City Secretary prior to the item being called. 2. In Person for Public Hearing Items: For public hearing items, speaker cards are encouraged but not required. 3. eComment: The agenda is posted online at https://tx-denton.civicplus.com/242/Public-Meetings-Agendas. Once the agenda is posted, a link to make virtual comments using the eComment module will be made available next to the meeting listing on the Upcoming Events Calendar. Using eComment, Individuals may indicate support or opposition and submit a brief comment about a specific agenda item. eComments may be submitted up until the start of the meeting at which time the ability to make an eComment will be closed. eComments will be sent directly to members of the City Council immediately upon submission and recorded by the City Secretary into the Minutes of the Meeting. 4. By Phone: Individuals may register to provide comments by phone. Instructions and a link to register to comment by phone will be available at www.cityofdenton.com/publicmeetings until noon of the meeting date. Residents will submit contact information using the link provided and receive further instructions via email on how to join the meeting by phone and provide comments. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, January 24, 2023, at 2:00 p.m. in the Council Work Session Room at City Hall, 215 E.McKinney Street,Denton,Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on any item listed on the Consent Agenda prior to its consideration. Each speaker will be given a total of three (3) minutes to address any item(s). Any person who wishes to address the City Council regarding these items may do so by utilizing the "By Phone" registration process as referenced under the REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL detailed at the beginning of this agenda. Registration is required prior to the time the City Council considers this item. Registrants may call in and remain on hold or receive a call back at the time the Work Session is called to Order and are encouraged to ensure they remain accessible to accept the call. 2. Requests for clarification of agenda items listed on this agenda. 3. Work Session Reports A. ID 22-2442 Receive a report, hold a discussion, and give staff direction regarding Audit Project 030- Solid Waste Operations: Phase 2 Page 2 Printed on 111312023 85 City Council Meeting Agenda January 24, 2023 [Estimated Presentation/Discussion Time: 15 minutes] B. ID 22-2568 Receive a report, hold a discussion, and give staff direction regarding the updates to the Roadway Impact Fees. [Estimated Presentation/Discussion Time: 45 minutes] C. ID 22-741 Receive a report, hold a discussion and give staff direction regarding roadway funding strategies. [Estimated Presentation/Discussion Time: 1 hour] D. ID 22-2503 Receive a report,hold a discussion,and give staff direction on a 2023 Bond Election. [Estimated Presentation/Discussion Time: 1 hour] E. ID 23-087 Receive a report, hold a discussion, and give staff direction regarding the May 6, 2023 General Election, and any runoff election if applicable, including locations, dates, and times. [Estimated Presentation/Discussion Time: 30 minutes] F. ID 23-207 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: [Estimated Presentation/Discussion Time: 30 minutes] Following the completion of the Work Session, the City Council will convene in a Closed Meeting in the Council Work Session Room to consider specific item(s) when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: -- PLACEHOLDER IN THE EVENT A CLOSED MEETING IS NEEDED; OTHERWISE, WILL BE DELETED. — Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act,including,without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. NOTE: Any item for which a formal action at the Special Called Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. Following the Closed Meeting, the City Council will reconvene in Open Meeting to take action, if any, on matters discussed in closed session. Page 3 Printed on 111312023 86 City Council Meeting Agenda January 24, 2023 Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting in the Council Chambers to consider the following items: 2. CONSENT AGENDA Each of these items is recommended by Staff or a board, commission, and committee. Approval thereof will be strictly on the basis of the those recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. For those items recommended by a specific board, commission, or committee, the agenda item will reference that recommendation. To view the video of the related board, commission, or committee meeting, as applicable, a link can be found within the applicable supporting documentation(Exhibit 1). Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — T). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. ID 23-021 Consider approval of the minutes of the January 10,2023 Meeting. B. ID 23-051 Consider nominations/appointments to the City's Boards, Commissions, and Committees: Airport Advisory Board, Animal Shelter Advisory Committee, Board of Ethics, Committee on Persons with Disabilities, Community Services Advisory Committee, Denton Police Department Chief of Police Advisory Board, Health & Building Standards Commission, Historic Landmark Commission, Internal Audit Advisory Committee, Library Board, Parks, Recreation & Beautification Board, Planning & Zoning Commission, Public Art Committee, Public Utilities Board, Sustainability Framework Advisory Committee,Traffic Safety Commission, and Zoning Board of Adjustment. C. ID 22-2332 Consider adoption of an ordinance of the City of Denton approving the Personal Trainer Facility Use Agreement to be used between the City of Denton Parks and Recreation Department and potential personal trainers to conduct personal training services in City of Denton facilities; and providing an effective date. D. ID 22-2070 Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 22 "Parks and Recreation,"and providing for an effective date. E. ID 23-110 Consider adoption of an ordinance of the City of Denton approving the Briercliff Park Master Plan; and providing an effective date. The Parks, Recreation, and Beautification Board recommends approval(5-0). F. ID 23-111 Consider adoption of an ordinance of the City of Denton approving the Pecan Creek Regional Trail Master Plan; and providing an effective date. The Parks, Recreation, and Beautification Board recommends approval(5-0). G. ID 22-2590 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to Page q Printed on 111312023 87 City Council Meeting Agenda January 24, 2023 execute a funding agreement between the City of Denton and the Grace Like Rain, Inc. dba Giving Grace for the payment and use of American Rescue Plan funding; providing for the expenditure of funds in an amount not to exceed $120,000.00; and providing an effective date. H. ID 22-2591 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City of Denton and the Our Daily Bread, Inc. for the payment and use of American Rescue Plan funding; providing for the expenditure of funds in an amount not to exceed$240,000.00; and providing an effective date. 1. ID 23-136 Consider approval of a resolution of the City of Denton ratifying the submission of an application to the State of Texas, Office of the Governor, 2023 Bullet-Resistant Shield grant program in the amount of$28,500 for equipment; and providing an effective date. J. ID 22-2565 Consider adoption of an ordinance of the City of Denton approving a grant to Theatre Denton located at 214 W. Hickory St. from the Downtown Reinvestment Grant Program in an amount not to exceed $2,500.00; and providing for an effective date. The Downtown Denton Tax Increment Reinvestment Zone No.l Board recommends approval(4-0). K. ID 22-2567 Consider adoption of an ordinance of the City of Denton adopting an updated Downtown Reinvestment Grant Program Policy for the Downtown Reinvestment Grant Program; providing a repealer; and providing an effective date. The Downtown Denton Tax Increment Financing Reinvestment Zone No. 1 Board recommends approval(4-0). L. ID 23-008 Consider adoption of an ordinance of the City Council of the City of Denton authorizing the City Manager to execute an agreement with the Texas Historical Commission to participate in the Texas Main Street Program demonstrating the City of Denton's commitment to continue as a "sustaining level official main street city" and authorizing payment of the annual fee in the amount of$2,600; and providing an effective date. M. ID 23-167 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a contract between the City of Denton and Interfaith Ministries of Denton, Inc., amending the contract approved by City Council on April 21, 2020, in the not-to-exceed amount of $625,000.00; said first amendment to continue to provide a utility assistance program for the Customer Service Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7244- providing for an additional first amendment expenditure amount not-to-exceed $156,250.00, with the total contract amount not-to-exceed $781,250.00). The Public Utilities Board recommends approval(6-0). N. ID 23-168 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Green Equipment Company, through the Buy Board Cooperative Purchasing Network Contract # 676-22, for Sewer Inspection Equipment and Repair for the Wastewater Collection Department; providing for the expenditure of funds therefor; and providing an effective date (File 8148 - awarded to Green Equipment Company, in the not-to-exceed amount of $787,500.00). The Public Utilities Board recommends approval(6-0). Page g Printed on 111312023 88 City Council Meeting Agenda January 24, 2023 O. ID 23-169 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 8080 for Air Quality monitors; and providing an effective date(RFP 8080). P. ID 23-174 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a contract between the City of Denton and ImageNet Consulting, LLC, amending the contract approved by City Council on November 19, 2019, to add the Interlocal Purchasing System (TIPS) Cooperative Program Contracts: Technology Solutions Products & Services Contract # 200105; Copier, Fax, Multifunction Machines & Services Contract # 210103; providing an effective date (File 7134- providing for an amendment to the ordinance to add the TIPS Cooperative Program Contracts#200105 &#210103). Q. ID 23-175 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Robertson's Outdoor Cleaning Solutions, LLC dba Power Wash Plus, for graffiti abatement of public and private property; providing for the expenditure of funds therefor; and providing an effective date (IFB 8145 - awarded to Robertson's Outdoor Cleaning Solutions, LLC dba Power Wash Plus, for a three (3) year term in the not-to-exceed amount of $75,000.00). R. ID 23-176 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Procore Technologies, Inc., through the North Central Texas Council of Governments (NCTCOG) Purchasing Network, Contract #2020-064, for the renewal extension of project management software for the Engineering Department; providing for the expenditure of funds therefor; and providing an effective date (File 8170 - awarded to Procore Technologies, Inc., for one (1) year, with the option for two (2) additional one (1)year extensions,in the total three(3)year not-to-exceed amount of$814,747.08). S. ID 23-197 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive bids under IFB 8094 for the Bonnie Brae Phase 3 Road Widening and Reconstruction Project; and providing an effective date (IFB 8094). T. ID 23-240 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Quality Response Medical Staffing, LLC, for city jail phlebotomy services for the Police Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8137 - awarded to Quality Response Medical Staffing, LLC, in the one (1) year not-to-exceed amount of$189,250.00). 3. ITEM FOR INDIVIDUAL CONSIDERATION A. A22-0003 Consider adoption of an ordinance of the City of Denton, Texas regarding a Municipal Services Agreement, pursuant to Tex. Loc. Gov. Code Sec. 43.0672, between the City of Denton and Timothy and Jeanna Sutton for the provision of city services to approximately 7 acres of land, generally located east of Bonnie Brae Street and Page 6 Printed on 111312023 89 City Council Meeting Agenda January 24, 2023 approximately 1,000 feet south of Vintage Boulevard; approving a schedule of annexation; authorizing the City Manager to execute the agreement; and providing an effective date. (A22-0003,Roark Annexation,Ron Menguita) 4. PUBLIC HEARING Note: Action on this item will occur on or after 6:30 p.m. in accordance with the published public notice. A. A22-0003a Hold a public hearing and consider a petition for voluntary annexation of approximately 7 acres of land, generally located east of Bonnie Brae Street and approximately 1,000 feet south of Vintage Boulevard into the City of Denton, Denton County, Texas. (A22-0003a, Roark Annexation,Ron Menguita) 5. ITEMS FOR INDIVIDUAL CONSIDERATION-CONTINUED A. A22-0003b Conduct the first of two readings of an ordinance of the City of Denton, Texas annexing approximately 7 acres of land, generally located east of Bonnie Brae Street and approximately 1,000 feet south of Vintage Boulevard into the City of Denton, Denton County, Texas; providing for a correction to the city map to include the annexed land; and providing for a savings clause and an effective date. (A22-0003b, Roark Annexation, Ron Menguita) B. ID 23-230 Consider approval of a resolution of the City of Denton denying consent to the creation of Denton County Emergency Services District No. 2located South of U.S. Highway 380 and West of the city limits of the City of Denton, Texas and partially located within the extraterritorial jurisdiction of the City of Denton,Texas; and providing an effective date. C. ID 23-170 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with McCarthy Building Companies, Inc., for the construction of the Neighborhood 7A Project with geographical limits as follows: Bernard Street from Acme Street to Parvin Street, Leslie Street from Willowwood Street to Dudley, Oakwood Drive from McCormick Street to 1100 Oakwood Drive, Underwood Street from Kendolph Drive to Avenue D, Wisteria, Azalea, and Camellia Streets from Laurel Street to Parvin Street, and all public alleyways between Laurel Street and Parvin Street; providing for the expenditure of funds therefor; and providing an effective date (CSP 7976 - awarded to McCarthy Building Companies, Inc., in the not-to-exceed amount of $7,620,553.16). The Public Utilities Board recommends approval(5 -0). D. ID 23-171 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Wilson Contractor Services, LLC, for the construction of the Hickory Creek Interceptor 3 Project; providing for the expenditure of funds therefor; and providing an effective date (CSP 8091 - awarded to Wilson Contractor Services, LLC, in the not-to-exceed amount of $5,793,183.01). The Public Utilities Board recommends approval(6-0). E. ID 23-172 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with McCarthy Building Companies, Inc., for the construction of the Mayhill Road Phase 2 Project; providing for Page 7 Printed on 111312023 90 City Council Meeting Agenda January 24, 2023 the expenditure of funds therefor; and providing an effective date (CSP 8092 - awarded to McCarthy Building Companies,Inc.,in the not-to-exceed amount of$20,469,433.55). F. ID 23-173 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a professional services agreement with CONSOR Engineers, LLC, for construction project management and inspection services for the Mayhill Phase 2 Project as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7894-002- professional services agreement for management and inspection services awarded to CONSOR Engineers,LLC,in the not-to-exceed amount of$701,289.08). 6. CONCLUDING ITEMS) A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics,above posted. CERTIFICATE I certify that the above notice of meeting was posted on the official website (https://tx-denton.civicplus.com/242/Public-Meetings-Agendas) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on January 20, 2023 in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page g Printed on 111312023 91 Tentative Work Session Topics and Meeting Information Updated: January 13, 2023 Meeting Date I Item I Le istar ID Departments Involved Type Estimated Time January 17,2022 NO MEETING-Day after MILK Day Holiday(January 16);U.S.Conference of Mayors(January 18-20) A. Audit of Solid Waste Operations:Phase 2 22-2442 Internal Audit City Business 0:15 B. Roadway Impact Fee Follow-up 22-2568 Engineering City Business 0:45 January 24,2023 C. Roadway Funding Strategies 22-741 Finance City Business 1:00 Work Session(@2:00 p.m.) D. 2023 Bond Election 22-2503 Finance City Business 1:00 Special Called Meeting(@6:30 p.m.) E. Polling Locations-May 6,2023 General Election 23-087 City Secretary's Office City Business 0:30 [Continuous Meeting] F.Two-Minute Pitch: 23-207 City Manager's Office Council Request 0:30 Closed Meeting Item(s):Two items Legal(if any) City Business 0:30 mmomme Total Est.Time: 4:30 Other Major Items for Meeting: A. FY 2022-23 Financial Update 22-2381 Finance City Business 0:30 B. DME Budget&Rates 22-2389 Finance City Business 0:30 C. Park Fees 22-2390 Finance City Business 0:30 February 7,2023 D. Discussion of DCTA Policy Priorities 23-093 City Manager's Office City Business 0:30 Work Session(@2:00 p.m.) E. Ethics Ordinance Section 2-272C Follow-up 23-002 Internal Audit City Business 0:30 Regular Meeting(@6:30 p.m.) F.Two-Minute Pitch: 23-208 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal(if any) City Business Total Est.Time: 3:00 Other Major Items for Meeting: A. Audit Project 031-Recreation Facility Operations 22-2443 Internal Audit City Business 0:30 B. Water,Wastewater Impact Fee Study 22-1930 Finance City Business 0:30 C.Transitional Housing Request For Proposal(RFP) 22-2595 Community Services City Business 1:00 February 21,2023 D. City Manager Update on Proposition B Implementation 23-089 City Manager's Office City Business 0:45 Council Request:Davis Work Session(@2:00 p.m.) E. Homelessness Response Update 23-246 Community Services 1:30 Council Regular Meeting(@6:30 p.m.) /20 E.Two-Minute Pitch: 23-209 City Manager's Office Council Request uest 0:30 00osed�Me�etingltem(s): Legal(if any) City Business Total Est.Time: 4:45 Meeting:Order General Election for May 6,2023(Districts 1-4) A. FY 2021-22 Annual Comprehensive Financial Report and Annual Audit 23-135 Finance City Business 0:30 B. Audit Project 019-Municipal Court Payments Follow-Up 23-148 Internal Audit City Business 0:30 March 7,2023 C. Emergency Medical Service(EMS)Fees 22-2263 Finance City Business 1:00 Work Session(@2:00 p.m.) D. Downtown Denton Ambassador Program 22-2415 Icommunity Services City Business 1:00 Regular Meeting(@6:30 p.m.) E.Two-Minute Pitch: 23-210 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal(if any) City Business Total Est.Time: 3:30 Other Major Items for Meeting:Public Hearing and Approval of Roadway Impact Fee Study;Public Hearing and Approval of Roadway Impact Fees March 21,2023 A• Packet of Proposed Amendments to the Ethics Ordinance 23-147 Internal Audit City Business 1:00 Work Session(@12:00 p.m.) B. Allocation of Excess Sales Tax TBD City Manager's Office Council Request:Hudspeth 0:30 Special Called Meeting(Continuous) (12/06/2022) To Be Cancelled:Regular Meeting *NO additional work sessions may be scheduled without CM approval; WTwo-MinutePitch: 23-211 City Manager's Office 1council Request 0130 NO IC or PH items may be Closed Meeting Item(s): Legal(if any) City Business scheduled for this meeting. Total Est.Time: 2:00 Other Major Items for Meeting: A. Pending I TBD 1CIty Manager's Office City Business TBD Apri14,2023 B. Pending TBD City Manager's Office City Business TBD Special Called Joint Meeting with Denton ISO C. Pending TBD "Legal(if r's Office City Business TBD (@ 11:30 a.m.) Closed Meeting Item(s): City Business At the Development Service Center Total Est.Time: 0:00 A. Audit Project 022-Building Permits Follow-Up 23-149 Internal Audit City Business 0:30 B. Panhandling&solicitation Update 22-1281 Police;Community Services Council Request:Hudspeth 0:45 (6/07/2022) April4,2023 Work Session(@2:00 p.m.) Regular Meeting(@6:30 p.m.) C.Two-Minute Pitch: 23-212 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal(if any) City Business Total Est.Time: 1:45 Other Major Items for Meeting: A. Audit Project 032-Fleet Operations:Fuel Management 23-151 Internal Audit City Business 0:30 April 18,2023 Work Session(@2:00 p.m.) B.Two-Minute Pitch: ww City Manager's Office Council Request 0:30 Regular Meeting(@6:30 p.m.) Closed Meeting Item(s): Legal(if any) City Business Total Est.Time: 1:00 Other Major Items for Meeting: A. Audit Project 016—COVID-19 Response:Pandemic Preparedness 22-150 Internal Audit City Business 0:30 May 2,2023 Work Session(@2:00 p.m.) Regular Meeting(@6:30 p.m.) B.Two-Minute Pitch: w3-214 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal(if any) City Business Total Est.Time: 1:00 Other Major Items for Meeting: A. GreenSense Update 22-1847 DME City Business 0:45 May 16,2023 Work Session(@2:00 p.m.) Regular Meeting(@6:30 p.m.) B.Two-Minute Pitch: 23-215 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal(if any) City Business Total Est.Time: 1:15 Other Major Items for Meeting: June 6,2023 Work Session(@2:00 p.m.) Regular Meeting(@6:30 p.m.) A.Two-Minute Pitch: A3-216 City Manager's Office Council Request 0:30 Closed Meeting Item(s): Legal(if any) City Business Total Est.Time: 0:30 Other Major Items for Meeting: June 20,2022 NO MEETING-Day after Juneteenth Holiday(June 19) June 24,2023 City Council Retreat TBD City Manager's Office City Business 8:00 City Council Retreat(@9:00 a.m.) June 27,2023 Work Session(@2:00 p.m.) Special Called Meeting(@6:30 p.m.) A.Two-Minute Pitch: 23-217 Icity Manager's Office Council Request 0:30 [Continuous Meeting] Closed Meeting Item(s): Legal(if any) City Business Total Est.Time: 0:30 Other Major Items for Meeting: *This is for planning purposes only.Dates are subject to change. 92 Meeting Date Item Legistar ID Departments Involved Type Estimated Time Item Legistar ID Departments Type Estimated Work Session Date City Council Communication and Group Effectiveness 22-2182 City Manager's Office Council Priority 0:30 Work Session Items to be Determined City Hall West Programming TBD City Manager's Office City Business TBD Airport Master Plan TBD Airport City Business TBD Item Dates Departments Tvoe Estimated Work Council Priorities and Significant Work Plan Items to be Scheduled Item Date Approved Department Estimated Hours to Complete Requestor RFP for a Downton Parking Survey 10-18-2022 Economic Development TBD CM Davis Approved Council Pitches to be Scheduled *This is for planning purposes only.Dates are subject to change. 93 1 Street Closure Report: Upcoming Closures smartsheet SCR Jan 16th - 22nd Street/Intersection From To Closure End Description Department Department Contact Date 1 Bailey St Willson St Dead End South 01/30/23 06/02/23 Utility installations and pavement replacement. Engineering Scott Fettig 2 Bradshaw St Wilson St Prairie St East 01/30/23 06/02/23 Utility installations and pavement replacement. Engineering Scott Fettig 3 Castle Pines Burr Oak Intersection 02/06/23 02/24/23 Concrete Street Panel repair Streets Roy San Miguel 4 Crescent St Fulton St Cordell St 01/16/23 02/10/23 installing new storm line along crescent Private Development Lee Thurmond 5 Dixon Ln Comer St Cope St 01/23/23 02/10/23 Sidewalk Repair Streets Roy San Miguel 6 East Highland St Locust St Wainwright St 01/30/23 06/02/23 Utility installations and pavement replacement. Engineering Scott Fettig 7 Gardenview St Brooke St Evers Pkwy 01/16/23 01/27/23 Mill&Overlay Streets Jeff Jones 8 Hickory St W(221) Piner St Ceder St 01/16/23 02/16/23 Sidewalk Repair Streets Roy San Miguel 9 Industrial St Dead End Wye St 01/17/23 03/31/23 Utility replacement Engineering Seth Garcia 10 Johnson St Dallas or Wye St 01/17/23 03/31/23 Utility replacement Engineering Seth Garcia 11 Johnson St Dallas or Daughtry St 01/19/23 02/17/23 Atmos working on gas main on Collins and Atmos Public Works Stephany Trammell Johnson Inspections 12 Kingfisher Ln(325) Meadowlark Ln Oriole Ln 01/30/23 02/17/23 Valley Gutter Repair Streets Roy San Miguel 13 Mill St Allen St Johnson St 01/17/23 03/31/23 Utility Replacement Engineering Seth Garcia 14 Peach St Locust St Bell Ave 02/14/23 03/01/23 Mill&Overlay Streets i Jeff Jones 15 Smith St Johnson St Bell Ave 01/30/23 06/02/23 Utility installations and pavement replacement. Engineering Scott Fettig Exported on January 13,2023 11:31:51 AM CST 94 2 Street Closure Report: Current Closures smartsheet Street/Intersection I Closure Start Closure End Description Department Department Contact Date Date 1 Allen St Mill St Wye St 12/12/22 03/17/23 Utility replacement and roadway Engineering Seth Garcia reconstruction 2 Angelina Bend San Gabriel 1416 Angelina Bend 01/17/23 03/03/23 Street Reconstruction Engineering Dustin Draper 3 Atlas Dr Hercules Ln Redstone Rd 10/17/22 02/10/23 Reconstruct Streets Jeremy Wilks 4 Augusta Or Colonial Dr Augusta Or(2900) 07/11/22 04/03/23 Utility installations and Engineering Scott Fettig pavement replacement. 5 Ave A Ave A Greenlee 11/08/22 02/10/23 Street Reconstruction Engineering Dustin Draper 6 Boxwood Dr Plumbago Dr Daisy Or 01/03/23 02/24/23 Street Panel and Sidewalk Streets Roy San Miguel Repair 7 Bradshaw St Hickory St McKinney St 03/21/22 03/01/23 Utility installations and Engineering Scott Fettig pavement replacement. 8 Brook Hollow Dr Greenway Dr Carriage Hill 10/07/22 04/03/23 Utility installations and Engineering Scott Fettig pavement replacement. Carroll Dr Oak St Mckinney St 12/09/22 02/10/23 Wastewater Collections will be Wastewater Tiffany Sherrane 9 installing a new sewer main line. Clover Ln Robinwood Ln Glenwood Ln 12/09/22 04/05/23 Water Distribution will be Water Tiffany Sherrane 10 installing a new main line and services. 11 Colonial Dr Thunderbird Or Dead End South 07/11/22 04/03/23 Utility installations and Engineering Scott Fettig pavement replacement. 12 Cook St Robertson St Wye St 10/24/22 02/03/23 Utility installation and roadway Engineering Seth Garcia reconstruction 13 Crawford St Hickory St McKinney St 03/21/22 03/01/23 Utility installations and Engineering Scott Fettig pavement replacement. 14 Crescent St Alice Carroll Blvd 01/18/23 03/03/23 Street Reconstruction Engineering Dustin Draper 15 Fulton St Broadway St Panhandle St 12/05/22 01/27/23 Street Reconstruction Engineering Dustin Draper 16 Fulton St University Dr Westway St 01/09/23 01/27/23 Sidewalk Repair Streets Roy San Miguel 17 Fulton St Cordell St Crescent St 12/27/22 02/17/23 Street Reconstruction Engineering Dustin Draper 18 Gober St Broadway St Panhandle St 01/02/23 02/24/23 Mill and Overlay Streets Jeff Jones 19 Greenway Dr Thunderbird Dr Dead End South 07/11/22 04/03/23 Utility installations and Engineering Scott Fettig pavement replacement. 20 Greenway Dr Thunderbird Or Windsor Farms Dr 10/07/22 04/03/23 Utility installations and Engineering Scott Fettig pavement replacement. 21 Hettie St Paisley St McKinney St 03/21/22 03/01/23 Utility installations and Engineering Scott Fettig pavement replacement. 22 Hickory St Exposition St Ruddell St 05/02/22 03/01/23 Utility installations and Engineering Scott Fettig pavement replacement. 23 Jim Christal Rd Western Blvd Masch Branch Rd 04/18/22 01/30/23 Exeter PH2:Paving Jim Christal Private Development Public Kirk Winter Works Inspections 24 Lakewood Dr Greenway Dr Carriage Hill 10/07/22 04/03/23 Utility installations and Engineering Scott Fettig pavement replacement. 25 Masch Branch Rd Lovers Ln Hampton Rd 06/24/22 02/28/23 Bridge collapse at 3288 N. Drainage Gabriel Rodriguez Masch Branch Rd 26 McCormick St Eagle Dr Fannin St 12/27/22 02/17/23 Street Reconstruction Engineering Dustin Draper 27 McKinney St Grissom Rd Fork St 12/19/22 01/20/23 Relocating inlet,installing drive Public Works Inspections Armando Beltran approach. 28 McKinney St Crawford Rd Audra Ln 05/19/22 03/01/23 Utility installations and Engineering Scott Fettig pavement replacement. Mistywood Ln Robinwood Ln Sherwood Ln 12/09/22 04/05/23 Water Distribution will be Water Tiffany Sherrane 29 installing a new main line and services. Exported on January 13,2023 11:31:58 AM CST 95 Intersection • To ,ate Closure • • Description Department Department North Texas Blvd 1-35W Oak St 12/13/21 01/31/23 Utility installations and Engineering Scott Fettig pavement replacement.There 30 will be multiple phases of closures.Will not be all at one time. 31 North Texas Blvd Oak St Hickory St 06/10/22 01/31/23 Utility installations and Engineering Scott Fettig pavement replacement. 32 Oak St Miller St North Texas Blvd 09/30/22 01/31/23 Utility installations and Engineering Scott Fettig pavement replacement. 33 Oak St Crawford St Wood St 04/04/22 03/01/23 Utility installations and Engineering Scott Fettig pavement replacement. 34 Park Access Rd(Off Bonnie Brae) Windsor Or Riney Rd 12/15/22 07/31/23 Urbana Bonnie Brae Project: Private Development Public Jeremiah Tillman-David Water,Sewer,Storm,Paving. Works Inspections 35 Robertson St Bell Ave Morse St 08/15/22 01/27/23 Utility installations and Engineering Seth Garcia pavement replacement. Robinwood Ln Kayewood Dr Emerson Ln 12/09/22 04/05/23 Water Distribution will be Water Tiffany Sherrane 36 installing a new main line and services. 37 Savannah Trail Whitney Court Longridge 02/02/23 03/09/23 Street Reconstruction Engineering Dustin Draper 38 Serenity Way Montecito Dr Glen Falls Ln 01/03/23 02/03/23 Street Panel and Sidewalk Streets Roy San Miguel repair 39 Stella St North Texas Blvd Bonnie Brae St 10/29/21 01/31/23 Utility installations and Engineering Scott Fettig pavement replacement. 40 Thistle Hill Cheek St Cul-de-sac 01/03/23 01/27/23 Sidewalk Repair Streets Roy San Miguel 41 Uland St Rose St Railroad Ave 04/25/22 03/01/23 Utility installations and Engineering Scott Fettig pavement replacement. 42 Wayne St Boyd St Mozingo Rd 11/14/22 02/10/23 Street Reconstruction Engineering Dustin Draper 43 Whitney Court Savannah Trail East Dead End 02/02/23 03/09/23 Street Reconstruction Engineering Dustin Draper 44 Wood St McKinney St Hickory St 04/11/22 03/01/23 Utility installations and Engineering Scott Fettig pavement replacement. 45 Woodland St Brown Cherrywood Ln 01/17/23 02/27/23 Street Reconstruction Engineering Dustin Draper 46 Woodrow Ln Morse St McKinney St 12/08/22 01/20/23 Water tie in,Right turn lane and Public Works Inspections Armando Beltran approach construction. 47 Wye St Crosstimbers St Mill St 12/05/22 02/24/23 Water/wastewater replacement Engineering Seth Garcia and full street reconstruction Exported on January 13,2023 11:31:58 AM CST 96 3 Street Closure Report: Completed Closures smartsheet Street/Intersection Date I Date Description Department Department Contact 1 Ave A Greenlee St Ave A 10/25/22 12/23/22 Street Reconstruction Engineering Dustin Draper 2 Ave B Underwood St Margie St 10/05/22 12/16/22 Street Reconstruction Engineering Dustin Draper 3 Ave H Prairie St Louise St 09/05/22 12/16/22 Street Reconstruction Engineering Dustin Draper 4 Camino Real Trl Edwards Rd Pockus Page Rd 10/31/22 12/15/22 Street Panel Repair Streets Roy San Miguel 5 Clear River Ln Montecito Dr Rambling Brook Trl 10/24/22 01/05/23 Sidewalk Repair Streets Roy San Miguel 6 Crescent St Fulton St Alice St 09/27/22 12/23/22 Street Reconstruction Engineering Dustin Draper 7 Fulton St Grace Temple Ave Congress St 10/04/22 12/23/22 Street Reconstruction Engineering Dustin Draper 8 Fulton St Oak St Grace Temple Ave 09/07/22 12/23/22 Street Reconstruction Engineering Dustin Draper 9 Gardenview St Brooks St Evers Pkwy 12/04/22 12/17/22 Mill&Overlay Streets Jeremy Wilks North Texas Blvd 135E NB Service Rd Highland Park 12/05/22 01/06/23 Contractor will be performing Engineering Robin Davis asphalt demo of the existing 10 roadway,earthwork and sub- grade work for base course of new widened roadway. Closure extended due to weather. 11 Parkside Dr Windsor Dr Bowling Green St 05/31/22 12/16/22 Utility installations and Engineering Scott Fettig pavement replacement. 12 Peach St Locust St Fowler Dr 07/18/22 12/22/22 Upgrading 15"Storm pipe to Drainage Gabriel Rodriguez 18" 13 Western Blvd University Dr(380) Airport Rd 09/19/22 12/16/22 Western Blvd Paving Decal Private Development Public Jeremiah Tillman-David Lanes Works Inspections Exported on January 13,2023 11:32:05 AM CST 97