On the agenda: Hurricane meeting — Flock camera (Sep 17)

City Council

Mayor

City Manager

Clark Fawcett

Kaden DeMille

Joseph Prete
Dave Imlay
Lynn Excell
Amy Werrett
Merlin Spendlove

Hurricane City Council Meeting
Agenda
September 17, 2026
5:00 PM
City Council Chambers 147 N 870 W, Hurricane
Notice is hereby given that the City Council will hold a Regular Meeting in the City Council
Chambers 147 N 870 W, Hurricane, UT. Meeting Link on Webex Meeting number: 2630 456
5376 Meeting password: HCcouncil Join from a video or application Dial
[email protected]. You can also dial 173.243.2.68 and enter your
meeting number. Join by phone +1-415-655-0001 US Toll Access code:26304565376.
A silent roll call will be taken, followed by the Pledge of Allegiance and prayer by invitation.
THOSE WISHING TO SPEAK DURING PUBLIC FORUM MUST SIGN IN WITH THE
RECORDER BY 6:00 P.M.
5:00 p.m. Pre-meeting
6:00 p.m. - Call to Order
Prayer
Pledge of Allegiance
Swearing in of Officer Seth Rodgers and Animal Control Officer Braylee Edmunds
Declaration of any conflicts of interest
Minutes of the Regular City Council Meeting for September 3, 2026
Public Forum – Comments from Public

Please Note: In order to be considerate of everyone attending the meeting and to more closely follow the
published agenda, public comments will be limited to 3 minutes per person per item. A spokesperson
representing a group to summarize their concerns will be allowed 5 minutes to speak. Repetitious commentary
will not be allowed. If you need additional time, please request agenda time with Cindy Beteag in writing before
12:00 p.m. the Tuesday one week before the Council meeting.

OLD BUSINESS
1.

Consideration and possible approval of awarding the bid for the next phase of
the irrigation expansion project– Kory Wright

NEW BUSINESS
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Consideration and possible approval to award the Sky Mountain Golf Course
Clubhouse Remodel and Expansion bid – Cam Hamill
Consideration and possible approval of a new lease agreement with Intermountain
Golf Cars – Cam Hamill

6.

Consideration and possible approval of a Domestic Violence Awareness
Proclamation – DOVE Center
Consideration and possible approval of a hangar lease agreement for hangar 13S
– Dave Houston
Consideration and possible approval of updates to the Pole Attachment
Agreement – Alex Farnsworth
Mayor, Council, and staff reports

7.

Closed Meeting held pursuant to Utah Code section 52-4-205, upon request

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5.

Adjournment
The undersigned City Recorder does hereby certify that the agenda was posted to the city
website, posted to the state public notice website, and at the following locations: the City office,
the post office, and the library on September 16, 2026. Cindy Beteag, City Recorder
REASONABLE ACCOMMODATION: Hurricane City will make efforts to provide reasonable
accommodations to disabled members of the public in accessing City programs, please
contact the City Recorder,435-635-2811 x 106, at least 24 hours in advance if you have
special needs.

Agenda Summary for Hurricane City Council September 17, 2026
5:00 p.m. Pre-Meeting
6:00 p.m. Call to Order
Swearing in of Officer Seth Rodgers and Animal Control Officer Braylee Edmunds
Minutes of the Regular City Council Meeting for September 3, 2026.
Old Business
1. Hurricane City Secondary Water Efficiency Project – Bid Award for Final Phase – Council
Questions
Dear Council,
At the previous City Council Meeting, several questions were raised about the secondary
water system.
First, regarding rates, the current rate in the existing system is $12 per month. However,
to adequately cover maintenance and repairs and bond payment obligations, staff
recommend a uniform rate of $19.37 for the entire system, old and new.
Second, on the questions of connections, we recommend encouraging property owners
to connect to the new system, but not requiring it. Property owners will have the option
to hook up during construction and up to one year after construction ends without a
connection fee. After that period, however, a connection fee would apply. Currently,
any property owners that have access to the City's secondary water are charged a
higher rate for culinary water. This same rate structure will apply in the area with the
new pressurized irrigation system, meaning that the property owners that have access
to the new system will be on the higher culinary water rate regardless of whether they
utilize the new secondary system.
Staff recommends approval of this approach to balance cost recovery with flexibility for
residents.
Thanks,
Kory Wright
Water Superintendent
New Business
1. The bid opening for the Sky Mountain Golf Course Clubhouse Remodel and Expansion
was held on September 10, 2026. Fifteen bids were received from qualified contractors.
Findings: The engineering firm’s evaluation and was to go with the low bidder,
Bonneville Builders. Bonneville Builders’ bid came in at $2,621,036. Followed by Watts
Construction at $2,656,848 and the Tushar Contracting at $2,697,139.
Recommendation: Approve the award of the Sky Mountain Golf Course Clubhouse
Remodel and Expansion bid to Bonneville Builders. – Cam Hamill
2. Potentially obtaining a new fleet of golf carts at Sky Mountain Golf Course. Increased
costs associated with new lease. Pros and cons, etc.

Findings: Budget for cart lease will need to be increased from $125,000 $160,434. Most
warranties on the current cart fleet have expired, the only components remaining under
warranty are the lithium batteries. The golf course has been so busy carts have
exceeded expected mileage. Many are cosmetically damaged and cart breakdowns are
rapidly increasing. Customer complaints about the condition of golf carts have also
increased. New fleet will be covered by extensive four-year warranty. Savings on repairs
and maintenance will be substantial. Customer experience will be enhanced. Golf course
daily operations will run more smoothly with new fleet. Especially during high traffic and
tournament days.
Recommendation: Recommend starting new cart lease with Intermountain Golf Cars
and obtain new fleet as soon as possible. – Cam Hamill
3. Each year, The Dove Center invites all municipalities in Washington County to join in
proclaiming October as Domestic Violence Awareness Month. This proclamation
highlights important statistics on domestic violence and emphasizes the need for
community action to break the silence and work toward ending domestic violence in our
area. - Cindy Beteag
4. Dave Houston’s lease for Hangar 13S is expiring, and Mr. Houston has requested to
enter into a new lease agreement. City Attorney Dayton Hall prepared the proposed
lease agreement using the City’s approved lease template. The Airport Board considered
the request at its September 15, 2026, meeting and unanimously recommended
approval of the proposed lease agreement. Staff recommends that the City Council
approve the proposed lease agreement with Dave Houston for Hangar 13S. – Cindy
Beteag
5. This will be a complete overhaul of the pole attachment agreement. Hurricane City
currently has an agreement that has been included with the packet. The new document
contains the agreement and several appendices. The agreement will be similar to St.
George and Washington City and has been reviewed by Dayton Hall. This agreement will
last for 5 years and will automatically renew twice. Once at the end of the first five years
and a second time after 10 years. Section 3.11 was also added to allow the fees and
charges to be updated by resolution of the Hurricane City Council to allow the City to
adjust costs as needed throughout the duration of the contract.
The first appendix is the Pole Attachment Fees and Penalties. This document contains a
breakdown of all the associated fees and penalties both annual and recurring. Currently
the Licensees are being charged $10.00 per pole attachment. This will be increased to
$20.00 per attachment annually. This will make us comparable to neighboring cities.
Additional fees that will be included is a $50.00 annual fee for wire storage on Poles. A
non-recurring fee of $225.00 for permit application fee of (1-20) poles and riser fee of
$50.00. There will also be penalties for unauthorized attachments and failure to
transfer, abandon, or remove facilities.
Appendix B outlines the Pole Attachment Permit Application Process. Currently there is
not a documented process. This agreement will require a review process of the

submitted application and that all necessary fees are paid before any communication
infrastructure can be installed.
Appendix C is the Application for Pole Attachment Permit. This will require the Licensee
to give a description of the work they are requesting and additional information such as
number of new pole attachments, if they are removing or replacing equipment, if guying
is required, etc.
Appendix D is the Specifications for Licensee’s Attachments to City Poles. This outlines
how they will be required to attach to the City’s power poles. Hurricane City does not
currently have an attachment standard. This will all be new and will allow the power
department to ensure that telecommunications infrastructure is installed properly.
Appendix E is the Distribution Line Minimum Design Review Information and
Worksheet. This outlines the minimum conditions to calculate pole strength and has a
worksheet for the Licensee to fill out any design information. The City may direct that
certain attachments do not require the submission of the Design Review Information.
Appendix F is a Field Drawing and Data Summary Sheet Instructions sheet.
Appendix G is the Annual Reporting Form for Attachments. This document will be
required to be filled out by February 1st of each year. It will detail any additional
attachments, risers, etc. or any removals. This will be compared to the last years total
and all attachment applications to ensure that an accurate count is being recorded. This
will determine how much each Licensee will be invoiced in March.
Recommendation: The Pole Attachment License Agreement was recommended for
approval unanimously by the Power Board on 9/9/2026.
Summary written by Alex Farnsworth, Electrical Engineer
6. Mayor, Council, and staff reports.
7. Tentative Close Meeting upon request.

Hurricane City Council Minutes – September 3, 2026

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Minutes of the Hurricane City Council meeting held on September 3, 2026, in the Council
Chambers at 147 North 870 West, Hurricane, Utah at 5 p.m.

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Members Present: Mayor Clark Fawcett and Council Members: Joseph Prete, Dave Imlay,
Lynn Excell, Amy Werrett, and Merlin Spendlove.

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5:00 p.m. Pre-meeting - Discussion of Agenda Items, Department Reports

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Darren Barney showed pictures of how Veterans Park will look when it is completed and then
showed the concrete that had been poured for the star center. He explained that the
monuments will have the names of all the veterans in the valley around the star. They will be
starting on the curb and gutter. He followed up on the benches at the pickleball courts and
found that only two of them had been installed. He explained that the fill dirt has large rocks,
making it difficult to install them. They will continue to work on it. The Parks Department has
been busy setting up for Peach Days this week. They are also involved with setting up for the
rodeo. He went out to the rodeo arena today and noticed that all the signs for no standing,
smoking, or alcohol had been removed, and they don't know who took them. They will work on
getting new ones.

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Kory Wright reported that as of September 1st, the Stratton, West, and Dixie Springs wells had
used 56.1% of their water rights. The Ash Creek and Toquerville Springs had used 56% of their
water rights. He stated that last year they purchased 108 million gallons of water from the
Water District, but this year they have only purchased 63 million gallons, saving approximately
$85,000 so far this year. He stated that on Monday night, a fire hydrant weld joint blew off and
emptied the Sand Hollow Tank before it was found. Over one million gallons of water were lost.
Crews are still busy fixing leaks. Councilman Imlay asked if the water tanks got really low during
the power outage and if that is something that needs to be addressed during an outage. Mr.
Wright stated that the Power Department worked great with them to get the power back on,
but the SCADA system had some damage. They worked on it until late as people were still using
a lot of water during the outage. Their generator worked, but they need to look at purchasing
additional generators for other areas. He stated they will also be looking at a new SCADA
system in the next couple of years. Councilman Spendlove asked when they would be filling the
irrigation pond. Mr. Wright stated they are scheduled to come calibrate it on the 14th. Due to
some scheduling conflicts, they plan to go live the last week of September. They are working on
getting the fencing and gates finished before it is filled.

Also Present: City Manager Kaden DeMille, City Attorney Dayton Hall, Public Works Director
Mike Vercimak, Streets Superintendent Hayden Roberts, Water Superintendent Kory Wright,
City Planner Gary Cupp, Assistant Planner Fred Resch III, City Engineer Arthur LeBaron, HR
Director Sel Lovell, Parks Superintendent Darren Barney, Finance Manager Brendan Angus, and
City Recorder Cindy Beteag.
AGENDA

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Hurricane City Council Minutes – September 3, 2026

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Sel Lovell stated there are two new hires for Police, one of which is a current employee who
moved from Animal Shelter Attendant to Animal Control Officer. He stated they held interviews
last week for positions in the Recreation Department, but he has not heard anything back yet.
The website redesign is coming along, and he is hoping to get the new policy manual
notifications out tomorrow. Councilman Spendlove asked about the Flock cameras. Mr. Lovell
stated they are license plate readers. Councilman Excell explained that the City has an
agreement with the State of Utah regarding the cameras and the system can only be accessed if
there is a case and a valid reason to look at it. He asked who is monitoring the system. Mayor
Fawcett asked how they know the information is not going somewhere else. Dayton Hall stated
there are three automatic license plate readers in Hurricane. He explained that Flock is a brand
name and the City does not have Flock cameras in Hurricane. The cameras are Motorola and do
not take audio or video; they only photograph license plates. The City received a permit from
UDOT to install the three cameras, and State law requires the City to adopt a policy regulating
them, which the City has done. The policy requires monthly audits and a legitimate reason to
access the system. Mayor Fawcett confirmed the City owns the cameras and controls the
information collected. Kaden DeMille added that the cameras do not capture the driver, only
the license plate.

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Mike Vercimak stated his department is still assessing the flood damage and looking at
remedies, policies, and procedures. Mayor Fawcett stated he would like to set up a meeting to
go over all the information. He has some people who want to volunteer to help with this in the
future. Mr. Lovell asked about the MS4 training and if the Council has had any trouble accessing
it. Councilman Excell stated he has had trouble and it will not let him finish it. Mr. Lovell stated
they are struggling to get 75% of employees to complete the training, which worries him
because next year they have to reach 100%. Mr. Vercimak stated they need to find another way
to send it out to everyone because Trailiant does not reach everyone.

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Hayden Roberts stated the slurry seal project is wrapping up, with just some touch-ups
remaining. His department has also been helping with the setup for Peach Days. They put
pedestrian rails along State Street and have also been checking storm drains. Councilman Imlay
asked about the drainage issue near Tractor Supply that the Council received a complaint
about. Mr. Roberts stated he will have to research it. Councilman Excell stated he has met with
the owner and will meet with Mr. Roberts in the morning to discuss it.

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Arthur LeBaron stated the Peach Days parade is fully staffed. He stated they have made some
major changes to the parade route over the last few years, and it now ends in a different
location with hard road closures. There are no major changes this year, but he asked for
feedback if they see any concerns. He thanked staff for helping with the event. He also received
the notice of award for the grant for the H property. Mayor Fawcett stated he would like to
make a plan for improvements as soon as it closes. Mr. LeBaron stated he would like to get
lights to the property first. He stated there will be a preconstruction meeting next week for the
second access to the Sand Hollow exit. They are also starting the design for the second phase of
that project. The 100 S project is advertised and has received a lot of interest. There was a
prebid meeting for the clubhouse this week, and it was standing room only.
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Gary Cupp announced that there will not be a Planning Commission meeting next week as they
will be attending a conference. The next meeting will be on the 24th. He mentioned that Lorin
Lowe has submitted his General Plan request, but it does not include any zone changes or site
plans. He stated staff attended a workshop this week regarding future town centers. When the
maps are available, he will send them out. The new City campus and other areas along 600 N.,
3000 S., and the Sand Hollow corridor were suggested as future town centers. Mayor Fawcett
mentioned he has received concerns from some business owners who are frustrated that flag
signs are not allowed. He expects them to come in and talk to the Council.

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Fred Resch III stated they followed up with the businesses this week regarding the flag signs. He
stated they told the businesses that were upset to talk to the Council. He also stated that
animal nuisance complaints need to be directed to Animal Control, not Code Enforcement.

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Dayton Hall stated that regarding the signage at the Equestrian Park, drinking and smoking are
prohibited at all City parks by ordinance. Therefore, even if the signs were removed, it is still
not allowed. Councilman Imlay suggested putting out message boards to remind people that it
is not allowed.

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Kaden DeMille explained that the City applied for CIB grant funding from the State for the
Police Station. The first round indicated there were not enough funds, but after additional
funds became available, they applied. He and Mayor Fawcett drove up this morning to attend
the meeting where the funds were being awarded. However, they received a phone call when
they were four minutes away and were told that the Board had reviewed the agenda and
removed some applicants they did not feel fit the criteria. Hurricane City was removed from the
agenda and was not considered. Mayor Fawcett explained that the main purpose of the funds is
to benefit communities in areas that have significant mineral mining activities. Most of the
funds go to those communities, but anyone can apply. The Board stated they wanted to save
some of the money for the next round. He was disappointed they removed the City from
consideration the day of the meeting instead of reviewing it ahead of time. Mr. DeMille stated
this was a funding option, but it was not considered at the beginning, so they will go back to the
original plan. There will be a parameters resolution at the second meeting in October for the
Council to consider.

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Cindy Beteag explained that since switching platforms for posting the Council packets, there is
no longer a place to post the summary. The Council confirmed they still want the summary
emailed to them. Mrs. Beteag reminded the Council to let Millie Anderson know if they want to
attend the Utah League conference. Lastly, she let the Council know that she will be out of
town the week before the October 1st meeting, so the packet will not be sent until the Monday
before the meeting.

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6:00 p.m. - Call to Order –

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Mayor Fawcett welcomed everyone and called the meeting to order.

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Prayer: Councilman Prete

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Pledge: Kaden DeMille

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Declaration of any conflicts of interest
None declared.

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Public Forum – Comments From Public

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Jamie Stevenson stated he built a home on 850 West and has some concerns about the flood
last month. As part of an after-action report, he asked the Council to look at the infrastructure
that contributed to the flooding. He stated the bridge on 700 West is very old and low, and
when debris backed up, it pushed water down 700 West. Secondly, the parcel the City owns in
the Pecan Meadows subdivision has a low point that contributed to the water flow. Lastly,
there is only one drainage for the neighborhood. He stated no homes along the wash flooded.
The issue was Pecan Meadows, where the bridge overflowed and the low parcel owned by the
City contributed to the flooding. He stated it flooded from the front of the wash, not the back.
He asked the Council to look at and walk the area. A lot of residents showed up on Sunday, and
he thanked everyone for helping.

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OLD BUSINESS

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Minutes of the Regular City Council Meeting for August 20, 2026
Amy Werrett motioned to approve the August 20, 2026, minutes as written. Seconded by Dave
Imlay. Motion carried unanimously.

1.

Consideration and possible approval of Zone Change Ordinance No. ZC26-11 to rezone
a 0.85-acre parcel from Residential Agricultural 0.5 (RA-0.5) to Recreation Resort (RR);
and a 0.5-acre parcel from Agricultural 5 (A-5) to Recreation Resort (RR); both parcels
are located within the Pecan Valley Resort area; File Nos. ZC26-11 and PSP26-08;
Parcel Nos. H-4-2-15-118 and H-4138-F; Chris Wyler, applicant; Brandee Walker, agent

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Dayton Hall explained that the Council considered this item at the last meeting. The general
indication was that they were open to rezoning the property to add it to the resort, on the
condition that it could not be developed until the second access is in place. An agreement was
provided in the packet, which he has reviewed. Chris Wyler stated he has no concerns with the
agreement but asked if it affected the second and fourth phases. Mr. Hall explained that the
restrictions for the second access only apply to what is defined as additional property in the
draft development agreement.

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Dave Imlay motioned to approve Zone Change Ordinance No. ZC26-11 to rezone a 0.85-acre
parcel from Residential Agricultural 0.5 (RA-0.5) to Recreation Resort (RR); and a 0.5-acre parcel
from Agricultural 5 (A-5) to Recreation Resort (RR); both parcels are located within the Pecan
Valley Resort area; File Nos. ZC26-11 and PSP26-08; Parcel Nos. H-4-2-15-118 and H-4138-F;
subject to the proposed development agreement. Seconded by Merlin Spendlove. Motion
carried unanimously by a roll call vote.

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2.

Consideration and possible approval of Ordinance 2026-22 Superseding Ordinance
2026-19 to amend 8-6-1 regarding the monthly drainage utility fee
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Mayor Fawcett stated there are issues that need to be worked through before this can be
implemented. Arthur LeBaron agreed that the technical side of implementation will be difficult,
but staff can work through it. He stated the Council discussed this at the last meeting and
directed staff to put it into a new ordinance that will supersede the previous one. Mayor
Fawcett explained that one of the problems is when there are multiple tenants, they will need
to be split so they are not double charged. Mr. LeBaron stated there are over 500 properties
that will need to be evaluated. Staff will go through each property one by one to set up the tiers
and then come up with a plan for ongoing properties. Mayor Fawcett stated they need to be
consistent, so they are all treated the same. Councilwoman Werrett clarified that a home-based
business would pay the residential fee and that the second year does not start until July 2028.
Mr. LeBaron explained that any tier over $100 per month will receive a four-year
implementation plan. Councilman Excell confirmed the proposed letter will go out to all the
businesses explaining what will happen.

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Amy Werrett motioned to approve Ordinance 2026-22 Superseding Ordinance 2026-19 to
amend 8-6-1 regarding the monthly drainage utility fee. Seconded by Lynn Excell. Motion
carried unanimously by a roll call vote.

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Councilman Imlay commented that this was a very difficult fee to implement. He asked for a
ledger to see revenues coming in and expenses going out on a quarterly basis. Mr. DeMille
stated that can be provided.

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NEW BUSINESS

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1. Consideration and possible approval of awarding the bid for the next phase of the
irrigation expansion project– Kory Wright

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Kory Wright explained they are ready to award the contract to Interstate Rock for the next
phase of the irrigation expansion project. He stated this has taken a lot of time and discussion
with staff and thanked everyone for their help getting it to this point. He stated it is a good
project for the residents and everyone involved has the best interest of the residents in mind.
Interstate Rock is the lowest bidder in the amount of $6,568,824.50. He mentioned they have
had this bid on the table for a few months, and Interstate Rock has not raised the price even
though costs have increased. Councilman Imlay stated Interstate Rock did an amazing job on
the first phase.

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Kaden DeMille mentioned he received an email from the engineer last night. They have been
trying to determine how this will be funded. He stated that from a financial standpoint, they are
not ready to make a recommendation based on the information received. He stated this will be
a loss for a number of years until more people can be connected to the system, and they need
more time to review the numbers. Councilman Excell stated Phase 1 will be starting soon and
asked when citizens will start paying the fee. Mr. Wright explained they need to establish a
rate, and once the system is connected to a property, they will start paying it. He stated that
people who have irrigation but are not connected to the system pay a higher culinary fee.
Councilman Excell stated he understood that when the system is connected, culinary rates
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would increase. Mayor Fawcett stated that will need to be coordinated because he wants to
give people a good opportunity to connect to the secondary system before they are charged a
higher fee. He stated the decision to move forward was made with Phase 1, and now they need
to finish the system so there are more people paying for it. He does not think they can go back
without making it worse.

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Councilman Excell stated Interstate Rock was the low bidder and asked if continuing the item
would affect them. Chase Stratton stated they are okay with continuing it to the next meeting.
Councilman Excell stated getting the system online should reduce the amount of culinary water
used and asked if that would help reduce the amount of water purchased from the District. Mr.
Wright explained that water in the valley is pulled from the West Well and Toquerville Springs.
The more water they can pull from those sources for homes, the less water they have to pull
from the Cottam Well. The water purchased from the District is not from this well, so it would
not be affected as much. He stated it would help by taking outside watering off the culinary
system. Once the project is completed and people are connected, they will have a better idea
of what the revenues will be. Mr. DeMille stated most of the City's cash outlay has already
occurred. If they do not complete Phase 2, it will limit what they can do in the future. The
discrepancy is in the operations and maintenance costs. He stated he was skeptical of the
project at first, but as the cost of water increases, it will be beneficial for residents in the future.

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Mayor Fawcett stated that when the first section of irrigation was installed in town, the Council
did not make it mandatory for people to connect. However, if you build in those areas now, it is
mandatory to connect. There will be no connection fee for residents connecting to the new
system. Mr. DeMille asked if connecting should be mandatory. Councilman Werrett asked if
that would make a big difference. Mayor Fawcett explained that the more people connected,
the more people will pay into the fund. He stated the operational costs are the problem until
they get enough people on the system. Councilman Imlay stated he does not like forcing people
to connect because it could be very costly for some people. Councilman Spendlove asked if they
could have a dual system. Mr. Wright stated they would need a swing check and explained that
if the systems become cross-connected, it could create problems. They would need to educate
residents on what a swing check is and how it works. Councilman Spendlove asked if it would
be a flat rate or based on how much they use. Mayor Fawcett stated it would be a flat rate, but
the State could change that in the future since they are the ones who required the water to be
metered.

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Joseph Prete motioned to continue approval of awarding the bid for the next phase of the
irrigation expansion project to the next meeting. Seconded by Lynn Excell. Motion carried
unanimously.

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2. Mayor, Council, and staff reports
Councilman Excell mentioned the Youth City Council has a fundraiser on the 19th that he will
not be able to attend and asked others to attend. He mentioned a letter the Council received
about the weeds in the Gateway PID. Mayor Fawcett stated he would like to send a letter to all
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subdivisions that are in violation and ask them to get the weeds cleaned up. Councilman Excell
stated it is a safety hazard when weeds are over the sidewalks and that there are landscapers in
the area who are not taking care of them. He asked Mr. Resch III to get pictures next week and
document which subdivisions are in violation, focusing on the PID area. Steve Nation stated the
overpass at 3000 S. and SR-7 is difficult to see through the tumbleweeds. Councilman Excell
explained that UDOT is responsible for that area. He mentioned seeing a disabled veteran
cutting weeds along SR-9 so he could use the sidewalk. He recommended a cleanup project to
remove weeds along SR-9 and the sidewalks and stated they need to have conversations with
UDOT about addressing the issue. Mayor Fawcett stated the City needs to clean up all City
property if they are going to ask others to clean up their property.

246
247

Councilwoman Werrett asked for town hall information before the first meeting. Mayor
Fawcett stated he will send it out before the first meeting.

248
249
250
251

Councilman Spendlove stated he went to the Ash Creek facility during the power outage, where
they had power and held their monthly meeting. They discussed the budget, an MOU with the
Fire District that was tabled, and another MOU with the Water District. They invited anyone
interested to come take a tour of their facilities.

252
253
254

Councilman Prete confirmed they are meeting at 8 a.m. for the Peach Days parade. Mayor
Fawcett mentioned that there will be awards on Friday and asked the Council to be out and
about talking with residents.

255
256
257

Councilman Imlay stated that with the power outage, it was cool to see that what they have
been training for over the last 20 years worked. Everyone communicated and worked together
well. He explained what caused the power outage and what they did to bring it back online.

258
259
260
261
262

3. Closed Meeting held pursuant to Utah Code section 52-4-205, upon request
A closed meeting was not held.
Adjournment: Joseph Prete motioned to adjourn at 7:10 p.m. Seconded by Dave Imlay.
Motion carried unanimously.

7

Mayor

Clark Fawcett

City Manager
Kaden C. DeMille

City Council
Joseph Prete
Dave Imlay
Lynn Excell
Amy Werrett
Merlin Spendlove

Hurricane City Secondary Water Efficiency Project – Bid Award for Final Phase – Council Questions
Dear Council,
At the previous City Council Meeting, several questions were raised about the secondary water system.
First, regarding rates, the current rate in the existing system is $12 per month. However, to adequately cover maintenance and
repairs and bond payment obligations, staff recommend a uniform rate of $19.37 for the entire system, old and new.
Second, on the questions of connections, we recommend encouraging property owners to connect to the new system, but not
requiring it. Property owners will have the option to hook up during construction and up to one year after construction ends without a
connection fee. After that period, however, a connection fee would apply. Currently, any property owners that have access to the
City's secondary water are charged a higher rate for culinary water. This same rate structure will apply in the area with the new
pressurized irrigation system, meaning that the property owners that have access to the new system will be on the higher culinary
water rate regardless of whether they utilize the new secondary system.
Staff recommends approval of this approach to balance cost recovery with flexibility for residents.
Thanks,
Kory Wright
Water Superintendent

1 4 7 N o r t h 8 7 0 We s t • H u r r i c a n e , U T • 8 4 7 3 7
P h o n e : ( 4 3 5 ) 6 35 - 2 8 1 1 • F ax ( 4 3 5 ) 6 3 5 - 4 2 8 4
www.cityofhurricane.com

STAFF COMMENTS
Agenda Date: September 3, 2026
Item: Consideration and possible approval of awarding the bid for the next phase of the irrigation
expansion project.
Discussion: Hurricane City has been working to improve and expand its secondary irrigation system
through a phased irrigation efficiency project.
Phase 1 of the project included the development of two 3-million-gallon irrigation storage ponds,
construction of a booster station, and installation of primary irrigation pipeline system. The Phase 1
system extended from approximately 700 West through 1300 South, continuing along 920 West to 650
South and serving the surrounding subdivisions. This work established the foundation for expanding
and improving the City’s secondary irrigation system.
Phase 2 will continue the City’s Irrigation improvements and extend the system into the remaining
areas not served during Phase 1. The proposed work will extend from the wash and the 400 South area
southward to approximately 1500 S and will include the remaining streets and areas within the portion
of the city requiring secondary irrigation infrastructure.
The purpose of Phase 2 is to continue increasing irrigation availability, improve system efficiency and
reliability, and provide additional residents and properties with access to the city’s secondary irrigation
system. Completing this phase will build upon the infrastructure established during Phase 1 and
further advance the city’s long-term irrigation efficiency goals.
Following the city’s bidding process, Interstate Rock submitted the bid recommended for this project.
Staff is requesting that the Hurricane City Council approve the bid award to Interstate Rock for the
Hurricane Irrigation Efficiency Project Phase 2, allowing the city to proceed with construction.
Findings:
Recommendation: Staff recommends that the Hurricane City Council approve the bid award to
Interstate Rock for Hurricane Irrigation Efficiency Project – Phase 2 and authorize the appropriate City
officials to execute the necessary agreements and proceed with the project in accordance with the bid
documents and applicable City requirements. – Kory Wright

Secondary Water Rate Comparable

Hurricane City
Connection Size

Rate

1”

$12.00 Monthly

1 1/2”

$16.50 Monthly

2”

$ 23.50 Monthly

4”

$44.58 Monthly

LaVerkin City
Connection Size

Current Rate

Rate After Current Project Completion

Under ½ Acre

$12.72

$23.07

½ to 1 Acre

$19.08

$35.95

Over 1 Acre

$25.45

$47.94

St. George City
Connection Size and Rates
¾

Base $ 14.13

$1.02 7500 Gal $1.32 15,000 Gal $1.50 22,500 $1.68 30,000 Gal

1”

Base $35.33

15,000

30,000

45,000

60,000

1½

Base $56.75

30,000

60,000

90,000

120,000

2”

Base $100.89

50,000

100,000

150,000

200,000

3”

Base $227.00

100,000

200,000

300,000

600,000

4’

Base $403.55

200,000

400,000

600,000

800,000

20 NORTH MAIN, SUITE NO. 107 • ST. GEORGE, UTAH 84770
TEL: (435) 656-3299

February 26, 2025
Ken Richins
Superintendent
Hurricane City
147 North 870 West
Hurricane, UT 84737
Subject:

Recommendation of Award of Contract to Interstate Rock Products for the
Hurricane Irrigation Efficiency – Phase 2 Project

Dear Ken:
Bids for Phase 2 construction of the Hurricane Irrigation Efficiency Project were received by
Hurricane City (City) on Tuesday, February 18, 2025. Bowen Collins & Associates (BC&A) completed
a review of the bids that were received from eight general contractors. The contract documents
specify the Hurricane Irrigation Efficiency – Phase 2 Project to be a ranked-based bid. Therefore,
contractors were evaluated based on their statement of qualifications, contract time (schedule), and
bid price.
Hurricane City formed an evaluation committee to rank each contractor based on the evaluation
criterion established in the contract documents. A summary of the committee’s ranking for each
contractor is provided below for reference and a detailed breakdown of the bids is attached for
information.
Rank

Contractor

1
2
3
4
5
6
7
8

Interstate Rock
M&T Enterprises
JP Excavating
Feller Enterprises
Landmark Excavation
Whitaker Construction
Phaze Concrete
Sunroc

Statement of
Qualifications
(25)
25
20
24
20
24
23
22
24

Schedule
(25)

Bid
(50)

Total
(100)

Bid Price

25
25
25
25
25
25
25
25

48.25
50
43.5
46.75
39.6
39.75
35
30.65

98.25
95
92.5
91.75
88.6
87.75
82
79.65

$6,568,824.50
$6,346,093.50
$7,171,495.60
$6,758,505.23
$7,667,685.00
$7,647,574.50
$8,248,005.05
$8,802,170.10

The bid document specifies that “All bids shall be checked for mathematical errors by the Engineer. If
errors have been made in the extension of the figures, it will be assumed that the unit prices are correct
and the total amounts will be revised to reflect the corrections.” Consequently, required adjustments
were made to the overall bid prices of Interstate Rock and Phaze Concrete. These adjusted bid prices
are listed in the table above and all mathematical corrections are highlighted in the attached bid
schedule summary. Interstate Rock Product’s overall bid price decreased by $8,480.

February 26, 2025
Page 2
We have reviewed the proposal documentation, including the schedule and Statement of
Qualifications from Interstate Rock Products and found them responsive. A copy of the preliminary
schedules submitted by the eight bidders is attached for reference. Subject to review and approval
by the City’s legal counsel and based on the City’s evaluations and other information presented above,
we recommend awarding the Hurricane Irrigation Efficiency – Phase 2 Project contract to Interstate
Rock Products in the amount of $6,568,824.50. An agreement should be executed pending receipt of
appropriate bonds and insurance documents following Notice of Award.
Please call with any questions or concerns regarding this recommendation. BC&A looks forward to
working with the City through the successful completion of this important project.
Sincerely,
Bowen, Collins & Associates

Todd Olsen, P.E.
Project Manager
Cc.

Lance Smith – NRCS
Kory Wright – Hurricane City
Arthur LeBaron – Hurricane City

Attachment

BID SCHEDULE SUMMARY
Hurricane Irrigation Efficiency Project - Phase 2
Hurricane City / NRCS

Corrected Bid Total to Match Unit Prices

Bids Were Opened On: Tuesday, February 18

BASE BID
Feller Enterprises
Item
No.
Description
Quantity
Unit
Unit Price
Amount
A-1 Mobilization*
1
Lump Sum
$300,000.00
$300,000.00
A-2 Survey*
1
Lump Sum
$58,000.00
$58,000.00
A-3 Traffic Control*
1
Lump Sum
$166,275.00
$166,275.00
A-4.1 4" C-900 PVC*
130
Linear Feet
$50.72
$6,593.60
A-4.2 6" C-900 PVC*
11,940
Linear Feet
$52.66
$628,760.40
A-4.3 8" C-900 PVC*
15,340
Linear Feet
$61.65
$945,711.00
A-4.4 10" C-900 PVC*
4,240
Linear Feet
$74.21
$314,650.40
A-4.5 12" C-900 PVC*
1,080
Linear Feet
$85.56
$92,404.80
A-4.6 18" C-900 PVC
1,320
Linear Feet
$110.00
$145,200.00
A-5.1 6" DIP*
370
Linear Feet
$85.78
$31,738.60
A-5.2 8" DIP*
360
Linear Feet
$108.79
$39,164.40
A-6.1 HDPE Pipe (6-inch, 4710, DR 13.5)
130
Linear Feet
$230.90
$30,017.00
A-6.2 HDPE Pipe (8-inch, 4710, DR 13.5)
200
Linear Feet
$217.12
$43,424.00
A-7.1 Furnish and Install 4" Gate Valve*
3
Each
$2,903.02
$8,709.06
A-7.2 Furnish and Install 6" Gate Valve*
49
Each
$2,931.99
$143,667.51
A-7.3 Furnish and Install 8" Gate Valve*
59
Each
$4,054.38
$239,208.42
A-7.4 Furnish and Install 10" Gate Valve*
12
Each
$6,341.81
$76,101.72
A-7.5 Furnish and Install 12" Butterfly Valve*
4
Each
$3,804.45
$15,217.80
A-7.6 Furnish and Install 18" Butterfly Valve
1
Each
$26,168.25
$26,168.25
A-8.1 4" 45 Degree Bend
2
Each
$582.79
$1,165.58
A-8.2 6" 11.25 Degree Bend*
6
Each
$672.17
$4,033.02
A-8.3 6" 22.5 Degree Bend*
5
Each
$665.76
$3,328.80
A-8.4 6" 45 Degree Bend*
16
Each
$679.36
$10,869.76
A-8.5 6" 90 Degree Bend*
14
Each
$695.35
$9,734.90
A-8.6 8" 11.25 Degree Bend*
8
Each
$794.99
$6,359.92
A-8.7 8" 22.5 Degree Bend*
6
Each
$814.09
$4,884.54
A-8.8 8" 45 Degree Bend*
5
Each
$819.69
$4,098.45
A-8.9 8" 90 Degree Bend*
5
Each
$871.49
$4,357.45
A-8.10 10" 45 Degree Bend*
2
Each
$1,031.85
$2,063.70
A-8.11 18 x 6-inch Tee
2
Each
$3,722.43
$7,444.86
A-8.12 10 x 6-inch Tee*
4
Each
$1,329.34
$5,317.36
A-8.13 8-inch Tee*
5
Each
$1,145.19
$5,725.95
A-8.14 10 x 8-inch Tee*
1
Each
$1,308.81
$1,308.81
A-8.15 8 x 6-inch Tee*
20
Each
$1,030.18
$20,603.60
A-8.16 12-inch Tee
1
Each
$2,006.14
$2,006.14
A-8.17 6-inch Tee*
8
Each
$828.43
$6,627.44
A-8.18 10 x 4-inch Tee*
1
Each
$1,229.59
$1,229.59
A-8.19 8 x 4-inch Tee*
1
Each
$1,217.37
$1,217.37
A-8.20 18 x 12-inch Tee
1
Each
$5,181.19
$5,181.19
A-8.21 12 x 6-inch Tee*
1
Each
$1,646.52
$1,646.52
A-8.22 10-inch Tee
1
Each
$1,474.55
$1,474.55
A-8.23 6 x 4-inch Reducer
2
Each
$747.43
$1,494.86
A-8.24 8 x 6-inch Reducer*
7
Each
$798.68
$5,590.76
A-8.25 12 x 8-inch Reducer
2
Each
$1,147.46
$2,294.92
A-8.26 10 x 8-inch Reducer*
4
Each
$923.59
$3,694.36
A-8.27 18 x 10-inch Reducer
1
Each
$3,070.28
$3,070.28
A-8.28 12 x 10-inch Reducer*
1
Each
$1,335.46
$1,335.46
A-8.29 10 x 6-inch Reducer
1
Each
$893.26
$893.26
A-8.30 10 x 8-inch Cross
1
Each
$1,929.85
$1,929.85
A-8.31 8-inch Cross
2
Each
$1,334.42
$2,668.84
Each
$8,727.21
$34,908.84
A-8.32 Furnish and Install 6-in. EBAA Flex-tend Flexible 4Expansion Joint*
A-8.33 Furnish and Install 8-in. EBAA Flex-tend Flexible 8Expansion Joint*
Each
$11,206.73
$89,653.84
A-8.34 Furnish and Install 6” Restrained Sleeved Coupling
16 (for connection
Each to Phase
$1,271.44
1 pipeline) $20,343.04
4 (for connection
Each to Phase
$1,446.32
1 pipeline)
$5,785.28
A-8.35 Furnish and Install 8” Restrained Sleeved Coupling
A-8.36 Furnish and Install 12” Restrained Sleeved Coupling
1 (for connection
Each to Phase
$1,837.36
1 pipeline) $1,837.36
A-9.1 0.75" Service Connection*
202
Each
$1,898.89
$383,575.78
A-9.2 1" Service Connection*
71
Each
$2,112.17
$149,964.07
A-9.3 1.5" Service Connection*
22
Each
$3,840.49
$84,490.78
A-9.4 2" Service Connection*
42
Each
$4,383.24
$184,096.08
A-10 4" Service Connection*
3
Each
$5,947.01
$17,841.03
A-11.1 1” Air Valve Vault (C/2660), Complete*
3
Each
$8,863.45
$26,590.35
A-11.2 2” Air Valve Vault (C/2660), Complete*
7
Each
$10,700.80
$74,905.60

Interstate Rock
Unit Price
$322,000.00
$22,000.00
$101,000.00
$59.00
$55.50
$64.50
$75.50
$91.00
$140.00
$190.00
$200.00
$290.00
$280.00
$2,300.00
$2,650.00
$3,900.00
$5,150.00
$4,250.00
$9,150.00
$660.00
$740.00
$740.00
$720.00
$750.00
$850.00
$860.00
$870.00
$950.00
$1,100.00
$3,050.00
$1,400.00
$1,200.00
$1,450.00
$1,300.00
$2,150.00
$910.00
$1,300.00
$1,100.00
$3,700.00
$1,750.00
$1,600.00
$660.00
$790.00
$1,200.00
$610.00
$920.00
$1,150.00
$920.00
$1,900.00
$1,350.00
$6,750.00
$8,950.00
$1,850.00
$2,000.00
$2,350.00
$1,900.00
$2,100.00
$3,450.00
$4,000.00
$6,500.00
$7,200.00
$9,050.00

Amount
$322,000.00
$22,000.00
$101,000.00
$7,670.00
$662,670.00
$989,430.00
$320,120.00
$98,280.00
$184,800.00
$70,300.00
$72,000.00
$37,700.00
$56,000.00
$6,900.00
$129,850.00
$230,100.00
$61,800.00
$17,000.00
$9,150.00
$1,320.00
$4,440.00
$3,700.00
$11,520.00
$10,500.00
$6,800.00
$5,160.00
$4,350.00
$4,750.00
$2,200.00
$6,100.00
$5,600.00
$6,000.00
$1,450.00
$26,000.00
$2,150.00
$7,280.00
$1,300.00
$1,100.00
$3,700.00
$1,750.00
$1,600.00
$1,320.00
$5,530.00
$2,400.00
$2,440.00
$920.00
$1,150.00
$920.00
$1,900.00
$2,700.00
$27,000.00
$71,600.00
$29,600.00
$8,000.00
$2,350.00
$383,800.00
$149,100.00
$75,900.00
$168,000.00
$19,500.00
$21,600.00
$63,350.00

JP Excavating
Unit Price
$420,000.00
$80,000.00
$80,000.00
$42.00
$49.00
$53.00
$67.00
$73.00
$121.00
$78.00
$92.00
$99.00
$120.00
$1,900.00
$2,700.00
$3,300.00
$4,900.00
$4,100.00
$8,500.00
$700.00
$850.00
$850.00
$850.00
$1,200.00
$1,200.00
$1,200.00
$1,200.00
$1,200.00
$1,300.00
$2,600.00
$1,300.00
$1,200.00
$1,300.00
$1,600.00
$1,800.00
$1,300.00
$1,200.00
$2,000.00
$3,600.00
$1,400.00
$1,300.00
$800.00
$1,000.00
$1,100.00
$1,050.00
$1,900.00
$1,000.00
$900.00
$2,000.00
$1,500.00
$5,600.00
$8,000.00
$1,000.00
$1,200.00
$1,400.00
$3,500.00
$3,900.00
$4,000.00
$5,000.00
$8,500.00
$9,500.00
$9,000.00

Amount
$420,000.00
$80,000.00
$80,000.00
$5,460.00
$585,060.00
$813,020.00
$284,080.00
$78,840.00
$159,720.00
$28,860.00
$33,120.00
$12,870.00
$24,000.00
$5,700.00
$132,300.00
$194,700.00
$58,800.00
$16,400.00
$8,500.00
$1,400.00
$5,100.00
$4,250.00
$13,600.00
$16,800.00
$9,600.00
$7,200.00
$6,000.00
$6,000.00
$2,600.00
$5,200.00
$5,200.00
$6,000.00
$1,300.00
$32,000.00
$1,800.00
$10,400.00
$1,200.00
$2,000.00
$3,600.00
$1,400.00
$1,300.00
$1,600.00
$7,000.00
$2,200.00
$4,200.00
$1,900.00
$1,000.00
$900.00
$2,000.00
$3,000.00
$22,400.00
$64,000.00
$16,000.00
$4,800.00
$1,400.00
$707,000.00
$276,900.00
$88,000.00
$210,000.00
$25,500.00
$28,500.00
$63,000.00

Page 1 of 2

Landmark Excavating
Unit Price
$460,000.00
$88,000.00
$204,126.00
$92.00
$75.00
$76.00
$90.00
$106.00
$135.00
$153.00
$173.00
$257.00
$207.00
$3,035.00
$3,430.00
$4,560.00
$6,865.00
$8,330.00
$28,830.00
$690.00
$767.00
$758.00
$759.00
$647.00
$859.00
$877.00
$882.00
$948.00
$1,140.00
$3,920.00
$1,420.00
$1,250.00
$1,400.00
$1,105.00
$2,060.00
$951.00
$1,330.00
$1,320.00
$5,060.00
$1,720.00
$1,560.00
$877.00
$924.00
$1,250.00
$1,040.00
$2,875.00
$1,345.00
$956.00
$1,865.00
$1,345.00
$8,335.00
$10,670.00
$776.00
$930.00
$1,275.00
$1,795.00
$1,995.00
$3,625.00
$4,135.00
$6,955.00
$9,385.00
$11,110.00

Amount
$460,000.00
$88,000.00
$204,126.00
$11,960.00
$895,500.00
$1,165,840.00
$381,600.00
$114,480.00
$178,200.00
$56,610.00
$62,280.00
$33,410.00
$41,400.00
$9,105.00
$168,070.00
$269,040.00
$82,380.00
$33,320.00
$28,830.00
$1,380.00
$4,602.00
$3,790.00
$12,144.00
$9,058.00
$6,872.00
$5,262.00
$4,410.00
$4,740.00
$2,280.00
$7,840.00
$5,680.00
$6,250.00
$1,400.00
$22,100.00
$2,060.00
$7,608.00
$1,330.00
$1,320.00
$5,060.00
$1,720.00
$1,560.00
$1,754.00
$6,468.00
$2,500.00
$4,160.00
$2,875.00
$1,345.00
$956.00
$1,865.00
$2,690.00
$33,340.00
$85,360.00
$12,416.00
$3,720.00
$1,275.00
$362,590.00
$141,645.00
$79,750.00
$173,670.00
$20,865.00
$28,155.00
$77,770.00

M&T Enterprises
Unit Price
$350,000.00
$81,700.00
$145,500.00
$51.50
$49.50
$56.50
$65.50
$78.00
$115.00
$105.00
$105.00
$295.00
$300.00
$2,440.00
$3,040.00
$4,170.00
$6,600.00
$6,670.00
$29,300.00
$650.00
$745.00
$740.00
$750.00
$835.00
$875.00
$855.00
$900.00
$890.00
$1,150.00
$2,840.00
$1,650.00
$1,110.00
$1,220.00
$1,110.00
$2,150.00
$930.00
$1,400.00
$1,090.00
$5,210.00
$1,790.00
$1,620.00
$615.00
$765.00
$1,190.00
$990.00
$2,760.00
$1,220.00
$880.00
$2,100.00
$1,540.00
$5,800.00
$7,750.00
$1,060.00
$1,380.00
$1,290.00
$2,160.00
$1,690.00
$4,810.00
$5,000.00
$6,100.00
$9,290.00
$10,400.00

Amount
$350,000.00
$81,700.00
$145,500.00
$6,695.00
$591,030.00
$866,710.00
$277,720.00
$84,240.00
$151,800.00
$38,850.00
$37,800.00
$38,350.00
$60,000.00
$7,320.00
$148,960.00
$246,030.00
$79,200.00
$26,680.00
$29,300.00
$1,300.00
$4,470.00
$3,700.00
$12,000.00
$11,690.00
$7,000.00
$5,130.00
$4,500.00
$4,450.00
$2,300.00
$5,680.00
$6,600.00
$5,550.00
$1,220.00
$22,200.00
$2,150.00
$7,440.00
$1,400.00
$1,090.00
$5,210.00
$1,790.00
$1,620.00
$1,230.00
$5,355.00
$2,380.00
$3,960.00
$2,760.00
$1,220.00
$880.00
$2,100.00
$3,080.00
$23,200.00
$62,000.00
$16,960.00
$5,520.00
$1,290.00
$436,320.00
$119,990.00
$105,820.00
$210,000.00
$18,300.00
$27,870.00
$72,800.00

Phaze Concrete
Unit Price
$368,024.53
$23,485.00
$60,305.50
$31.85
$57.64
$50.77
$61.80
$69.06
$160.23
$155.00
$124.01
$70.31
$79.30
$2,513.39
$863.31
$7,038.86
$6,171.51
$8,201.83
$28,189.89
$836.00
$902.82
$895.01
$895.94
$916.85
$1,050.32
$1,066.13
$1,549.28
$1,127.77
$1,522.45
$4,211.13
$1,735.08
$1,502.11
$1,747.75
$1,408.36
$2,429.50
$1,243.41
$2,624.01
$2,217.60
$9,653.91
$1,909.85
$1,769.54
$920.13
$961.15
$1,244.98
$1,061.98
$2,731.21
$1,327.23
$988.82
$4,980.96
$3,962.70
$9,099.83
$11,123.52
$1,592.53
$1,619.94
$2,398.59
$2,960.67
$3,206.45
$4,453.24
$5,007.74
$10,662.61
$9,493.45
$9,025.74

Amount
$368,024.53
$23,485.00
$60,305.50
$4,140.50
$688,221.60
$778,811.80
$262,032.00
$74,584.80
$211,503.60
$57,350.00
$44,643.60
$9,140.30
$15,860.00
$7,540.17
$42,302.19
$415,292.74
$74,058.12
$32,807.32
$28,189.89
$1,672.00
$5,416.92
$4,475.05
$14,335.04
$12,835.90
$8,402.56
$6,396.78
$7,746.40
$5,638.85
$3,044.90
$8,422.26
$6,940.32
$7,510.55
$1,747.75
$28,167.20
$2,429.50
$9,947.28
$2,624.01
$2,217.60
$9,653.91
$1,909.85
$1,769.54
$1,840.26
$6,728.05
$2,489.96
$4,247.92
$2,731.21
$1,327.23
$988.82
$4,980.96
$7,925.40
$36,399.32
$88,988.16
$25,480.48
$6,479.76
$2,398.59
$598,055.34
$227,657.95
$97,971.28
$210,325.08
$31,987.83
$28,480.35
$63,180.18

Sunroc
Unit Price
$527,000.00
$98,650.00
$217,000.00
$93.70
$65.95
$72.90
$87.35
$102.60
$147.70
$105.80
$119.25
$317.25
$358.55
$2,865.00
$3,245.00
$4,565.00
$7,015.00
$7,975.00
$28,600.00
$906.50
$980.70
$972.15
$973.00
$996.25
$1,185.00
$1,200.00
$1,200.00
$1,275.00
$1,460.00
$4,595.00
$1,955.00
$1,795.00
$1,950.00
$1,425.00
$2,805.00
$1,275.00
$1,875.00
$1,630.00
$6,175.00
$2,250.00
$2,100.00
$1,200.00
$1,245.00
$1,795.00
$1,375.00
$3,375.00
$1,675.00
$1,275.00
$2,075.00
$2,000.00
$7,900.00
$10,650.00
$1,100.00
$1,500.00
$2,050.00
$4,085.00
$4,185.00
$5,875.00
$6,600.00
$9,815.00
$10,000.00
$15,050.00

Amount
$527,000.00
$98,650.00
$217,000.00
$12,181.00
$787,443.00
$1,118,286.00
$370,364.00
$110,808.00
$194,964.00
$39,146.00
$42,930.00
$41,242.50
$71,710.00
$8,595.00
$159,005.00
$269,335.00
$84,180.00
$31,900.00
$28,600.00
$1,813.00
$5,884.20
$4,860.75
$15,568.00
$13,947.50
$9,480.00
$7,200.00
$6,000.00
$6,375.00
$2,920.00
$9,190.00
$7,820.00
$8,975.00
$1,950.00
$28,500.00
$2,805.00
$10,200.00
$1,875.00
$1,630.00
$6,175.00
$2,250.00
$2,100.00
$2,400.00
$8,715.00
$3,590.00
$5,500.00
$3,375.00
$1,675.00
$1,275.00
$2,075.00
$4,000.00
$31,600.00
$85,200.00
$17,600.00
$6,000.00
$2,050.00
$825,170.00
$297,135.00
$129,250.00
$277,200.00
$29,445.00
$30,000.00
$105,350.00

Whitaker
Unit Price
$435,000.00
$58,200.00
$211,500.00
$77.50
$55.50
$66.50
$73.50
$85.50
$110.00
$110.00
$100.00
$245.00
$230.00
$2,420.00
$2,860.00
$4,040.00
$6,430.00
$6,990.00
$27,900.00
$295.00
$395.00
$390.00
$390.00
$415.00
$515.00
$535.00
$540.00
$605.00
$830.00
$3,750.00
$1,110.00
$915.00
$1,090.00
$765.00
$1,790.00
$585.00
$1,020.00
$985.00
$4,920.00
$1,440.00
$1,250.00
$945.00
$580.00
$965.00
$725.00
$2,690.00
$1,060.00
$640.00
$1,560.00
$1,010.00
$8,100.00
$10,500.00
$405.00
$585.00
$985.00
$2,270.00
$2,420.00
$4,140.00
$4,660.00
$6,200.00
$8,360.00
$9,840.00

Amount
$435,000.00
$58,200.00
$211,500.00
$10,075.00
$662,670.00
$1,020,110.00
$311,640.00
$92,340.00
$145,200.00
$40,700.00
$36,000.00
$31,850.00
$46,000.00
$7,260.00
$140,140.00
$238,360.00
$77,160.00
$27,960.00
$27,900.00
$590.00
$2,370.00
$1,950.00
$6,240.00
$5,810.00
$4,120.00
$3,210.00
$2,700.00
$3,025.00
$1,660.00
$7,500.00
$4,440.00
$4,575.00
$1,090.00
$15,300.00
$1,790.00
$4,680.00
$1,020.00
$985.00
$4,920.00
$1,440.00
$1,250.00
$1,890.00
$4,060.00
$1,930.00
$2,900.00
$2,690.00
$1,060.00
$640.00
$1,560.00
$2,020.00
$32,400.00
$84,000.00
$6,480.00
$2,340.00
$985.00
$458,540.00
$171,820.00
$91,080.00
$195,720.00
$18,600.00
$25,080.00
$68,880.00

BID SCHEDULE SUMMARY CONTINUED
Hurricane Irrigation Efficiency Project - Phase 2
Hurricane City / NRCS

Corrected Bid Total to Match Unit Prices

Bids Were Opened On: Tuesday, February 18

BASE BID
Feller Enterprises
Interstate Rock
JP Excavating
Landmark Excavating
Item
No.
Description
Quantity
Unit
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
A-11.3 Air Valve W/ Removable Blind Flange (GC-05), Complete (Tee/Bend
ofEach
detail GC-05
$9,663.33
are already included
$9,663.33
in fitting quantities)
$9,600.00
$9,600.00
$12,000.00
$12,000.00
$10,120.00
$10,120.00
1
A-11.4 1” Air Valve w/ Blow-off (4, GC-05), Complete
Each
$12,170.20
$12,170.20
$10,200.00
$10,200.00
$12,500.00
$12,500.00
$12,500.00
$12,500.00
1
A-12 Minor Blowoff Drain, See Detail C/2671, Complete(Tee/Bends
C/2671 are$11,572.30
already included
$81,006.10
in fitting quantities)*
$9,500.00
$66,500.00
$10,000.00
$70,000.00
$9,210.00
$64,470.00
7 of detailEach
A-13.1 Asphalt Replacement (3" Asphalt over 6" Roadbase)* 399,670 Square Feet
$3.32
$1,326,904.40
$2.85
$1,139,059.50
$3.80
$1,518,746.00
$3.25
$1,298,927.50
A-13.2 Asphalt Replacement (2.5" Asphalt over 6" Roadbase)* 24,375
Square Feet
$3.21
$78,243.75
$2.60
$63,375.00
$4.20
$102,375.00
$3.00
$73,125.00
A-14 Pothole Repair*
Square Feet
$22.51
$3,511.56
$25.00
$3,900.00
$5.90
$920.40
$29.50
$4,602.00
156
A-15.1 Concrete Sidewalks Restoration*
Square Feet
$8.02
$29,505.58
$10.50
$38,629.50
$14.80
$54,449.20
$13.50
$49,666.50
3,679
A-15.2 Concrete Waterway Restoration*
Square Feet
$20.82
$11,867.40
$17.00
$9,690.00
$17.00
$9,690.00
$25.00
$14,250.00
570
A-16 Pedestrian Ramp (PED 100), Complete
Each
$2,809.99
$2,809.99
$6,550.00
$6,550.00
$4,500.00
$4,500.00
$4,205.00
$4,205.00
1
A-17 Curb and Gutter Restoration*
Linear Feet
$46.15
$28,843.75
$12.00
$7,500.00
$35.00
$21,875.00
$64.00
$40,000.00
625
A-18 Replace Roadway Mounuments*
Each
$1,464.99
$1,464.99
$570.00
$570.00
$1,300.00
$1,300.00
$1,155.00
$1,155.00
1
A-19 Trench Stabilization Material*
Cubic Yards
$28.84
$4,326.00
$49.00
$7,350.00
$8.00
$1,200.00
$85.00
$12,750.00
150
A-20 Flowable Fill Backfill*
Cubic Yards
$305.24
$22,893.00
$150.00
$11,250.00
$255.00
$19,125.00
$294.00
$22,050.00
75
A-21 Geotextile Fabric*
Square Yards
$6.79
$7,469.00
$2.80
$3,080.00
$3.00
$3,300.00
$1.70
$1,870.00
1,100
A-22 30" D50 Riprap*
Cubic Yards
$60.18
$120,360.00
$86.50
$173,000.00
$61.00
$122,000.00
$73.00
$146,000.00
2,000
A-23 Rock Excavation*
Cubic Yards
$15.54
$10,878.00
$6.85
$4,795.00
$29.00
$20,300.00
$53.00
$37,100.00
700
A-24 Replace Fence (Vinyl)
Linear Feet
$50.44
$1,765.40
$50.50
$1,767.50
$73.00
$2,555.00
$165.00
$5,775.00
35
A-25 Sewer Lateral Connection*
Each
$3,230.40
$12,921.60
$4,250.00
$17,000.00
$2,900.00
$11,600.00
$2,840.00
$11,360.00
4
A-26 Water Service Connection*
Each
$2,413.63
$9,654.52
$1,650.00
$6,600.00
$2,000.00
$8,000.00
$2,340.00
$9,360.00
4
A-27 Public Information Program Allowance
1
Lump Sum $180,000.00
$180,000.00
$180,000.00 $180,000.00 $180,000.00 $180,000.00 $180,000.00
$180,000.00
Schedule A Subtotal
$6,474,914.67
$6,317,036.50
$6,873,115.60
$7,447,072.00
B-1 10" C-900 PVC
$70.66
$46,635.60
$73.50
$48,510.00
$68.00
$44,880.00
$80.00
$52,800.00
660
Linear Feet
B-2 10" C-900 PVC (shared trench with distribution pipe)
$59.07
$170,712.30
$47.50
$137,275.00
$62.00
$179,180.00
$36.00
$104,040.00
2,890
Linear Feet
B-3 10" 90 Degree Bend
$2,824.74
$5,649.48
$1,200.00
$2,400.00
$1,000.00
$2,000.00
$2,320.00
$4,640.00
2
Each
B-4 Furnish and Install 6” Restrained Sleeved Coupling (for connection
to Phase
$1,113.79
$2,227.58
$6,750.00
$13,500.00
$1,000.00
$2,000.00
$999.00
$1,998.00
2
Each 1 pipeline)
B-5 Asphalt Replacement (3" Asphalt over 6" Roadbase)* 17,580
$3.32
$58,365.60
$2.85
$50,103.00
$4.00
$70,320.00
$3.25
$57,135.00
Square Feet
Schedule B Subtotal
$283,590.56
$251,788.00
$298,380.00
$220,613.00
Total Cost (Schedule A & B)

$6,758,505.23
Difference From Low Bid $ 412,411.73
% Difference From Low Bid
6.5%

$6,568,824.50
$222,731.00
3.5%

$7,171,495.60
$ 825,402.10
13.0%

Page 2 of 2

$7,667,685.00
$ 1,321,591.50
20.8%

M&T Enterprises

Phaze Concrete

Unit Price
Amount
Unit Price
$7,970.00
$7,970.00
$8,322.20
$11,500.00
$11,500.00
$10,790.54
$9,960.00
$69,720.00
$9,493.45
$2.50
$999,175.00
$5.59
$2.20
$53,625.00
$5.49
$26.00
$4,056.00
$69.04
$12.50
$45,987.50
$14.89
$30.00
$17,100.00
$22.25
$4,300.00
$4,300.00
$6,043.65
$56.00
$35,000.00
$44.05
$1,930.00
$1,930.00
$911.29
$31.00
$4,650.00
$111.89
$190.00
$14,250.00
$231.39
$3.70
$4,070.00
$3.48
$52.50
$105,000.00
$127.90
$35.00
$24,500.00
$108.72
$105.00
$3,675.00
$76.70
$2,020.00
$8,080.00
$4,715.28
$2,510.00
$10,040.00
$5,212.64
$180,000.00 $180,000.00 $180,000.00
$6,114,038.50
$60.50
$39,930.00
$57.42
$49.50
$143,055.00
$46.93
$1,330.00
$2,660.00
$2,731.92
$1,230.00
$2,460.00
$1,286.22
$2.50
$43,950.00
$6.01
$232,055.00

Amount
$8,322.20
$10,790.54
$66,454.15
$2,234,155.30
$133,818.75
$10,770.24
$54,780.31
$12,682.50
$6,043.65
$27,531.25
$911.29
$16,783.50
$17,354.25
$3,828.00
$255,800.00
$76,104.00
$2,684.50
$18,861.12
$20,850.56
$180,000.00
$7,960,788.07
$37,897.20
$135,627.70
$5,463.84
$2,572.44
$105,655.80
$287,216.98

$6,346,093.50
$
0.0%

$8,248,005.05
$ 1,901,911.55
30.0%

Sunroc
Unit Price
$11,700.00
$14,000.00
$9,400.00
$3.40
$3.15
$21.00
$21.35
$28.50
$5,575.00
$78.75
$1,235.00
$152.25
$310.00
$3.75
$86.55
$103.00
$106.50
$2,600.00
$4,000.00
$180,000.00
$86.10
$86.05
$3,175.00
$1,700.00
$3.45

Amount
$11,700.00
$14,000.00
$65,800.00
$1,358,878.00
$76,781.25
$3,276.00
$78,546.65
$16,245.00
$5,575.00
$49,218.75
$1,235.00
$22,837.50
$23,250.00
$4,125.00
$173,100.00
$72,100.00
$3,727.50
$10,400.00
$16,000.00
$180,000.00
$8,426,258.60
$56,826.00
$248,684.50
$6,350.00
$3,400.00
$60,651.00
$375,911.50
$8,802,170.10
$ 2,456,076.60
38.7%

Whitaker
Unit Price
$9,340.00
$10,800.00
$9,580.00
$4.30
$4.20
$50.50
$24.50
$30.50
$6,430.00
$100.00
$915.00
$63.50
$340.00
$3.70
$63.50
$46.50
$115.00
$4,240.00
$2,880.00
$180,000.00
$61.50
$52.00
$2,380.00
$835.00
$4.00

Amount
$9,340.00
$10,800.00
$67,060.00
$1,718,581.00
$102,375.00
$7,878.00
$90,135.50
$17,385.00
$6,430.00
$62,500.00
$915.00
$9,525.00
$25,500.00
$4,070.00
$127,000.00
$32,550.00
$4,025.00
$16,960.00
$11,520.00
$180,000.00
$7,379,954.50
$40,590.00
$150,280.00
$4,760.00
$1,670.00
$70,320.00
$267,620.00
$7,647,574.50
$ 1,301,481.00
20.5%

Part 2
AGREEMENT DOCUMENTS

HURRICANE IRRIGATION EFFICIENCY PROJECT PHASE 2

Page 14

NOTICE OF AWARD
To:

Project: Hurricane Irrigation Efficiency Project –
Phase 2

Date: _____________, 2026
The OWNER has considered the BID submitted by you for the above-described WORK in response to its
Advertisement for Bids dated January, 2025, and Information for Bidders.
You are hereby notified that your BID has been accepted for items in the amount of $____________
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this ___ day of _________, 2026.
Hurricane City, Owner
By: _____________________________
Name: Clark Fawcett
Title: Mayor
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD
is hereby acknowledged
by __________________________________
this the _______ day of ____________, 2026.
By ___________________________________
Name _________________________________
Title __________________________________

HURRICANE IRRIGATION EFFICIENCY PROJECT PHASE 2

Page 15

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
____________________________
____________________________
a ___________ (Corporation, Partnership, or Individual) hereinafter called Principal, and
________________________________________________________________________
(Name of Surety)
________________________________________________________________________
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
________________________________________________________________________
(Name of Owner)
________________________________________________________________________
(Address of Owner)
hereinafter called OWNER, in the penal sum of_________________________________
______________________________ Dollars, $( __________________ ) in lawful money of the United States,
for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly
and severally, firmly by these presents.
THE CONDITION 0F THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with
the OWNER, dated the ________ day of ________________ a copy of which is hereto attached and made a
part hereof forr the construction of:
NOW. THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS,
and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in
such contract, and any authorized extension or modification thereof, including all amounts due for materials,
lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in
connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor,
performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void;
otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the WORK to be performed there
under or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND,
and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the
contract or to the WORK or to the SPECIFICATIONS.

HURRICANE IRRIGATION EFFICIENCY PROJECT PHASE 2

Page 16

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge
the right of any beneficiary hereunder, whose claim may be unsatisfied.
IS WITNESS WHEREOF, this instrument is executed in 3 counterparts, each one of which shall be deemed
an original this the ______ day of ________________.
ATTEST:

__________________________________
Principal

___________________________________
(Principal) Secretary
(SEAL)
__________________________________
Witness as to Principal
__________________________________
_________________________________________
Address
ATTEST:

By ____________________________________
________________________________________
________________________________________
Address

____________________________________
Surety

__________________________________________
(Surety) Secretary

_____________________________________
Witness as to Surety
_____________________________________
_____________________________________
Address

By _________________________________
Attorney-in-fact
____________________________________
____________________________________
Address

NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners
should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department’s most current list
(Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

HURRICANE IRRIGATION EFFICIENCY PROJECT PHASE 2

Page 17

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
________________________________________________________________________
(Name of Contractor)
________________________________________________________________________
(Address of Contractor)
a ___________ (Corporation, Partnership, or Individual) hereinafter called Principal, and
________________________________________________________________________
(Name of Surety)
_______________________________________________________________________________
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
_______________________________________________________________________________
(Name of Owner)
_______________________________________________________________________________
(Address of Owner)
hereinafter called OWNER, in the penal sum of_________________________________
Dollars, $( __________________ ) in lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these
presents.
THE CONDITION 0F THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with
the OWNER, dated the ________ day of ________________ a copy of which is hereto attached and made a
part hereof for the construction of:
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings,
covenants, terms, conditions, and agreement of said contract during the original term thereof, and any
extensions thereof which may be granted by the owner, with or without notice to the Surety and during the one
year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully
indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in
making good any default, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to WORK to be performed there under or
the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does
hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or
to the WORK or the SPECIFICATIONS.

HURRICANE IRRIGATION EFFICIENCY PROJECT PHASE 2

Page 18

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge
the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this
instrument is executed in 3 counterparts, each one of which shall be deemed an original, this the _________
day of ___________________.
ATTEST:

__________________________________
Principal

___________________________________
(Principal) Secretary
(SEAL)
__________________________________
Witness as to Principal
__________________________________
__________________________________
Address
ATTEST:

By ____________________________________
__________________________________________
__________________________________
Address

____________________________________
Surety

____________________________________
Address
NOTE: Date of BOND must not be prior to date of Contract. If the CONTRACTOR is a Partnership, all partners
should execute the BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department’s most current list
(Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

HURRICANE IRRIGATION EFFICIENCY PROJECT PHASE 2

Page 19

AGREEMENT
This AGREEMENT, made this _____ day of ______, 2026 by and between Hurricane City, hereinafter called
OWNER” and ___________________________________, doing business as a ______________, hereinafter
called “CONTRACTOR”.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
1. The CONTRACTOR will commence and complete the construction of the Hurricane Irrigation
Efficiency Project – Phase 2
2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and other
services necessary for the construction and completion of the PROJECT described therein.
3. The CONTRACTOR will commence the work required by the CONTRACT
DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will
complete the same as specified in the CONTRACT DOCUMENTS unless the period for completion is
extended otherwise by the CONTRACT DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the Work described in the CONTRACT
DOCUMENTS and comply with the terms therein for the sum of $_____________.
5. The term “CONTRACT DOCUMENTS” means and includes the following:
A) Public Notice
B) Information for Bidders
C) Bid
D) Bid Bond
E) Agreement
F) Payment Bond
G) Performance Bond
H) Notice of Award
I) Notice to Proceed
J) Change Order
K) General Conditions
L) City of Hurricane Standard Specifications for Design and Construction
M) Ash Creek SSD Standard Specifications for Design and Construction
N) Drawings for Construction prepared or issued by Bowen, Collins and Associates, dated
September, 2024
O) Technical Specifications prepared or issued by Bowen, Collins and Associates, dated
January, 2025.
P) ADDENDA:
No.
dated ___________________
No.
dated ___________________
No.
dated ___________________
6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the
General Conditions such amounts as required by the CONTRACT
DOCUMENTS.
7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized
officials, this Agreement in (3) each of which shall he deemed an original on the date first above written.
HURRICANE IRRIGATION EFFICIENCY PROJECT PHASE 2

Page 20

(Number of Copies)

OWNER:
Hurricane City

By:

_______ ________________________________________________________________

Name: Clark Fawcett
Title: Mayor
(SEAL)
ATTEST:
By:____________________________________
Name: Cindy Beteag

Title: City Recorder
CONTRACTOR:
_______________________________
By:____________________________
Name: _________________________

(Please Type)
Address:__________ ______________
_SEAL)

_______________________

ATTEST:
___________________________________________
Name: ______________________________________
(Please Type)

Title: ____________________________________
HURRICANE IRRIGATION EFFICIENCY PROJECT PHASE 2

Page 21

NOTICE TO PROCEED
To:

Date: ____________, 2026
Project: Hurricane Irrigation Efficiency Project
– Phase 2

You are hereby notified to commence WORK in accordance with the Agreement dated _______, 2026, on or
before ___________, 2026, and you are to complete all on-site WORK on or before __________, 20__.

Hurricane City, Owner
By: _____________________________
Name: Clark Fawcett
Title: Mayor

ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED
is hereby acknowledged
by __________________________________
this the _____ day of _____, 2026.
By ___________________________________
Name _________________________________
Title __________________________________

HURRICANE IRRIGATION EFFICIENCY PROJECT PHASE 2

Page 22

CHANGE ORDER
Order No. ______________
Date: ______________
Agreement Date: ______________
NAME OF PROJECT: Hurricane Irrigation Efficiency Project – Phase 2
OWNER: Hurricane City
CONTRACTOR: _________________________________________________________
The following changes are hereby made to the CONTRACT DOCUMENTS:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
____________________________________________________
Justification: ____________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
_____________________________________________________________
CHANGE TO CONTRACT PRICE:
Original CONTRACT PRICE
$_________________________
Current CONTRACT PRICE adjusted by previous CHANGE ORDERS
$_________________________
The CONTRACT PRICE due to this CHANGE ORDER will be (increased/decreased) by:
$_________________________
The new CONTRACT PRICE including this CHANGE ORDER will be
$_________________________
CHANGE TO CONTRACT TIME:
The CONTRACT TIME will be (increased/decreased) by _____ calendar days.
The date for completion of all work will be __________________________.
APPROVALS:
ENGINEER: ______________________________________________________________
CONTRACTOR: __________________________________________________________
HURRICANE CITY: ____________________________

HURRICANE IRRIGATION EFFICIENCY PROJECT PHASE 2

Page 23

STAFF COMMENTS
Agenda Date: 9/17/26
Item: Consideration and possible approval to award the Sky Mountain Golf Course Clubhouse
Remodel and Expansion bid.
Discussion: The bid opening for the Sky Mountain Golf Course Clubhouse Remodel and Expansion
was held on September 10, 2026. Fifteen bids were received from qualified contractors.
Findings: The engineering firm’s evaluation and was to go with the low bidder, Bonneville Builders.
Bonneville Builders’ bid came in at $2,621,036. Followed by Watts Construction at $2,656,848 and the
Tushar Contracting at $2,697,139.
Recommendation: Approve the award of the Sky Mountain Golf Course Clubhouse Remodel and
Expansion bid to Bonneville Builders. – Cam Hamill

STAFF COMMENTS
Agenda Date: 9/17/2026
Item: Consideration and possible approval of a new lease agreement with Intermountain Golf Cars.
Discussion: Potentially obtaining a new fleet of golf carts at Sky Mountain Golf Course. Increased
costs associated with new lease. Pros and cons, etc.
Findings: Budget for cart lease will need to be increased from $125,000 $160,434. Most warranties
on the current cart fleet have expired, the only components remaining under warranty are the lithium
batteries. The golf course has been so busy carts have exceeded expected mileage. Many are
cosmetically damaged and cart breakdowns are rapidly increasing. Customer complaints about the
condition of golf carts have also increased. New fleet will be covered by extensive four-year warranty.
Savings on repairs and maintenance will be substantial. Customer experience will be enhanced. Golf
course daily operations will run more smoothly with new fleet. Especially during high traffic and
tournament days.
Recommendation: Recommend starting new cart lease with Intermountain Golf Cars and obtain
new fleet as soon as possible. – Cam Hamill

8/14/2026

Sky Mountain Golf Course

Sky Mountain Golf Course

To: Cameron Hamill

By:
Intermountain Golf Cars
Cody Homer
Southern Utah Sales Manager

8/14/2026

Sky Mountain Golf Course

TABLE OF CONTENTS
Proposed Equipment Tempo Lithium
Lease Proposal – Golf Car Fleet Tempo Lithium

8/14/2026

PROPOSED EQUIPMENT
(Tempo Lithium)
Seventy Five (75) New 2027 Club Car® Tempo Lithium golf cars equipped as follows:

Standard Equipment
•
•
•
•
•
•
•
•

Electronic Parking Brake System
Logo ( 1 Per Cart)
Ball Washer
Cooler
2 Sand And Seed Bottles (On
Uprights)
• USB Port
• Numbered Decals

Standard Color : Cashmere
Monsoon Canopy : Beige
Standard Seats: Beige
Split Windshield
Alumicore Chasssis
Lithium Battery
Soft Grip Steering Wheel
Includes GPS Hardware and 1
module (Other modules are one
seperate agreement)

•
•
•
•
•

Note* New electronic parking brake system included

The above quoted rates are valid for acceptance within 30 days.

Sky Mountain Golf Course

Intermountain Golf Cars

By:

By:

Cody Homer

Title:

Title:

Southern Utah Sales Manager

Date:

Date:

LEASE PROPOSAL

August 14, 2026

8/14/2026

(Fleet Lithium)
Intermountain Golf Cars proposes to lease to Sky Mountain Golf Course Seventy Two (75)
new 2027 Club Car Tempo Lithium electric golf cars equipped as stated on the proposed
equipment page. The lease rate is based on the first payment being made at the time of
delivery and is subject to normal credit approval.
PAYMENT PROGRAM

12 Payments per year
Tempo Lithium Excel Electric Golf Cars
Lease Term

Rate Per Car Per Month

72 Months

$148.26

Total Monthly Payment
$11,119.50 (Net of trades)

Additional : Visage gps will be seperate agreement.
Additional : Price is Net Of Trade In Carts
Additional: Quote pricing is valid after September Payment
Additional: Interest rates are subject to change.

The above quoted rates are valid for acceptance within 30 days.
Sky Mountain Golf Course

Intermountain Golf Cars

By:

By:

Cody Homer

Title:

Title:

Southern Utah Sales Manager

Date:

Date:

August 14, 2026

STAFF COMMENTS
Agenda Date: September 17, 2026
Item: Consideration and possible approval of a Domestic Violence Awareness Proclamation.
Discussion: Each year, The Dove Center invites all municipalities in Washington County to join in
proclaiming October as Domestic Violence Awareness Month. This proclamation highlights important
statistics on domestic violence and emphasizes the need for community action to break the silence
and work toward ending domestic violence in our area. - Cindy Beteag
Findings:
Recommendation:

PROCLAMATION
WHEREAS, it is a basic human right to live a life free from violence and abuse; and
WHEREAS, domestic violence is a serious problem occurring in all cultures and communities and
not discriminating by age, gender, social class, race, ethnicity, religious affiliation or sexual
orientation; and
WHEREAS, one in three women and one in four men in Utah will experience intimate partner
violence in their lifetimes; and that 60-75% of families with intimate partner violence have
children who are also impacted by the violence; and
WHEREAS, seniors are also victims of domestic and sexual violence and are part of the most
under-reported group, and
WHEREAS, domestic violence-related homicides account for over 40% of homicides in Utah; and
80 Utah children will witness the murder or attempted murder of their mother every year; and
WHEREAS, awareness and intentional collaboration are required to find solutions to abuse and
intimate partner violence; and
WHEREAS, it is the role of local government to provide for the health, safety, and welfare of its
citizens; and
NOW THEREFORE I, Clark Fawcett, Mayor of Hurricane City, Utah, in partnership with DOVE
Center, do hereby proclaim October as:
DOMESTIC VIOLENCE AWARENESS MONTH
In Hurricane City, we urge all residents to use October as Domestic Violence Awareness
Month to learn how they can break the silence and end domestic violence in our community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Seal of
Hurricane City, Utah this 17th day of September 2026.

__________________________________
Clark Fawcett, Mayor

Attest: ____________________________
Cindy Beteag, Recorder

STAFF COMMENTS
Agenda Date: September 17, 2026
Item: Consideration and possible approval of a hangar lease agreement for hangar 13S.
Discussion: Dave Houston’s lease for Hangar 13S is expiring, and Mr. Houston has requested to
enter into a new lease agreement. City Attorney Dayton Hall prepared the proposed lease agreement
using the City’s approved lease template. The Airport Board considered the request at its September
15, 2026, meeting and unanimously recommended approval of the proposed lease agreement. Staff
recommends that the City Council approve the proposed lease agreement with Dave Houston for
Hangar 13S. – Cindy Beteag
Findings:
Recommendation:

PRIVATE HANGAR LEASE AGREEMENT
BETWEEN
HURRICANE CITY, UTAH
AND
AVIATION RESOURCES, LLC

Effective Date: September 17, 2026

1

PRIVATE HANGAR LEASE AGREEMENT
THIS PRIVATE HANGAR LEASE AGREEMENT (which, as amended from time to time,
is defined herein as the (“Agreement”) is entered into as of the 17th day of September, 2026, by
and between Hurricane City, Utah, a Utah municipal corporation, (the “City”) and Aviation
Resources, LLC, a Utah limited liability company, (the “Tenant”).
RECITALS
WHEREAS, City owns and operates an airport located at 800 W. 2300 S., Hurricane,
Utah 84737 (the “Airport”); and
WHEREAS, City and Tenant desire to accommodate, promote, and enhance general
aviation at the Airport; and
WHEREAS, Tenant desires to lease certain real property at the Airport for the purpose
of constructing or purchasing a private hangar for aircraft as provided in this Agreement;
NOW, THEREFORE, in consideration of the covenants and conditions stated herein, the
sufficiency of which is hereby acknowledged, the parties agree as follows:
1.

Agreement to Lease and Operate Concession

A. Agreement to Lease Premises. City hereby leases to Tenant and Tenant hereby
leases from City that certain real property 4,875 square feet in size to accommodate a 65' x 60'
hangar, including five feet beyond the hangar pad on three sides excluding the front, and
located at the property identified as hangar pad 13 S on the Airport property (the “Premises”).
Tenant agrees to accept the Premises “as is” and City makes no warranty as to the condition of
the Premises or its suitability for any particular purpose.
B. Disclosure of Soil Condition. City discloses to Tenant that the soil at the Airport is
collapsible and otherwise unstable. Tenant is responsible to obtain appropriate soil evaluation
reports, to adhere to the recommendations in the reports, and take whatever action is necessary
to mitigate the soil condition on the Premises. Tenant is responsible to construct the hangar at
the engineered drainage elevations so the drainage will flow properly. Tenant will maintain and
keep the area around the premises clear of debris and obstructions so as not to cause
disruption in the expected normal drainage flow.
C. Construction of Tenant Improvements. Tenant shall construct or purchase and
maintain continuous improvements on the leased Premises, which shall include a concrete pad,
an aircraft hangar, fixtures, and any utilities as may be necessary for the Tenant’s aviation
related activities (referred to herein as the “Tenant Improvements”). Such Tenant Improvements
must meet the Airport’s Building Development Standards and any applicable Federal Aviation
Administration requirements in effect as of the date of this Agreement. Tenant shall be
responsible to obtain and pay for proper building permits for the Tenant Improvements and
comply with all the applicable ordinances of the City when planning and constructing the Tenant
Improvements.
D. Grant of Concession and Purpose of Agreement. Tenant agrees that it shall have
the right, privilege, and obligation to use the Premises for the following purposes: The parking,
2

storage, service, repair, light maintenance, operation, and modification or construction (on a
noncommercial basis only) of Aircraft, plus incidental activities related to such purposes. An
(“Aircraft”) shall be any aircraft that Tenant owns or controls, or that is subject to an authorized
sublease, when approved in writing in advance by City. Tenant shall provide to City the make,
model, and registration number of any Aircraft owned or controlled by Tenant, or that are
subject to an authorized sublease, that are based at the Premises.
E. Access. City agrees that if Tenant is not in breach of this Agreement, Tenant and
Tenant’s employees, officers, directors, subtenants that are approved by City pursuant to this
Agreement, contractors, subcontractors, suppliers, agents, invitees, and other representatives
(“Tenant’s Associates”) may ingress and egress across the Airport in the areas designated by
City and as permitted by applicable Laws and Regulations, on a non-exclusive basis and to the
extent reasonably necessary for Tenant’s use, occupancy, and operations at the Premises.
F. Right of Flight and Other Reserved Rights. This Agreement conveys only a
leasehold interest in the Premises on the terms and for the purposes provided herein, and it
conveys no other rights, titles, or interest of any kind. City reserves rights in the Premises
including but not limited to, a right of aircraft movement on Airport property, a right of flight for
the passage of aircraft in the air, a right to cause such noise as may at any time be inherent in
the operation of aircraft, subject to the rules, regulations, and policies as may be adopted from
time to time by the City, and rights in water, minerals, oil, and gas.
G. Enjoyments of Rights. Subject to Tenant’s complete performance of the payment
and other obligations contained in this Agreement, Tenant shall enjoy the rights, uses, and
privileges stated in this Agreement.
2.
Term. The term of this Agreement shall commence on the date of execution of this
Agreement and shall continue thereafter for a term of twenty (20) years until September 17,
2046, (the “Initial Term”). If the tenant desires to renew this Agreement, the tenant must notify
the City in writing at least 60 days prior to the expiration of the initial term. Upon such
notification, this lease shall renew for an additional five (5) year period at the lease rates stated
in Section 3 of this Agreement.
3.

Rent

A. Rent. For Tenant’s lease of the Premises, Tenant covenants to pay to City without
off-set or deduction the annual ground rent as shown in the table below and commencing on the
date of execution of this Agreement. All rent shall be due and payable to the City of Hurricane
annually in advance, without notice or demand from City, on the 1st day of August. The first
years rent payment will be prorated to the next August 1st payment date.
Years
Rent amount per square foot
2022 – 2027
.15
2028 – 2033
.18
2034 – 2039
.21
2040 – 2045
.24
2046 – 2051
.27
2052 – 2057
.30
2058 – 2063
.33

3

C. Dishonored Checks. If any check paid on behalf of Tenant is dishonored or returned
by a bank for any reason, Tenant shall pay all charges assessed to City by the bank plus a
service charge of fifty dollars ($50.00) per occurrence (or such other amount as City shall
implement from time to time) in addition to other sums due under this Agreement.
D. Past Due Amounts. If tenant fails to pay when due any amount required to be paid
by Tenant under this Agreement, such unpaid amount shall bear interest at the rate of eighteen
percent (18%) from the due date of such amount to the date of payment in full, with interest. In
addition, City may charge a sum of five percent (5%) of such unpaid amount as a service fee,
which the parties agree is a reasonable amount to cover the additional costs for billing and
collecting arising from Tenants failure to make payment in a timely manner. All amounts due
under this Agreement are and shall be deemed to be rent, and shall be paid without abatement,
deduction, off-set, prior notice, or demand (unless expressly provided by the terms of this
Agreement). City’s acceptance of any past due amount either full or partial (or its associated
interest or service fee) shall not constitute a waiver of any default under this Agreement.
4.

Tenant’s Use of Premises and Airport

A. No Interference. Tenant and Tenant’s Associates shall not use the Premises or the
Airport in any manner that interferes with any operation at the Airport or decreases the Airport’s
effectiveness, as reasonably determined by the City at its sole discretion. Tenant shall promptly
notify City of any use that creates such interference or decrease of effectiveness and remedy
the same to City’s satisfaction.
B. Comply with all Laws and Regulations. Tenant and Tenant’s Associates shall
comply at all times, at Tenant’s sole cost, with any and all laws and regulations (as amended or
otherwise modified from time to time) that are applicable to Tenant’s use, occupancy, or
operations at the Premises or the Airport (the “Laws and Regulations”), which include but are
not limited to, the Airport Rules and Regulations, Policies and Procedures, Minimum Standards
for Commercial Aeronautical Activities, Utah Code Annotated, the Code of Revised Ordinances
of Hurricane City, the Protective Covenants of the Hurricane City Airport, applicable Federal
Aviation Regulations, and all lawful, reasonable, and nondiscriminatory Airport policies and
other requirements.
C. No Unauthorized Use. Tenant and Tenant’s Associates shall use the Premises and
the Airport only for purposes that are expressly authorized by this Agreement and shall not
engage in any unauthorized use of the same. Unauthorized uses include, but are not limited to,
any use that would damage, interfere with, or alter any improvement; restricting access on any
road or other area that Tenant does not lease; placing waste materials on the Airport or
disposing of such materials in violation of any Laws and Regulations; any use that would
constitute a public or private nuisance or a disturbance or annoyance to other Airport users; the
use of automobile parking areas in a manner not authorized by City; fueling activities on the
Premises or any other area that City has not authorized; commercial activities, aircraft parking,
or storage in areas not leased by Tenant, any use unrelated to the purposes of this Agreement;
and any use that would be prohibited by or would impair coverage under either party’s
insurance policies.
D. Permits and Licenses. Tenant shall obtain and maintain in current status all permits
and licenses that are required under any Laws and Regulations in connection with Tenant’s use,
occupancy, or operations at the Premises or the Airport. In the event that Tenant receives notice
4

from any governmental authority that Tenant lacks, or is in violation of, any such permit or
license, Tenant shall provide City with timely written notice of the same.
E. Taxes and Liens. Tenant shall pay (before their respective due dates) all taxes, fees,
assessments, and levies that relate to Tenant’s use, occupancy, or operations at the Premises
or the Airport and all other obligations for which a lien may be created relating thereto (including,
but not limited to, utility charges and work for the Tenant Improvements). Within ten (10) days of
notice of such lien, Tenant shall have the lien removed or deposit with the City cash or other
security acceptable to City in an amount sufficient to cover the cost of removing such lien. When
contracting for any work in connection with the Premises, Tenant shall include in such contract a
provision prohibiting the contractor or any subcontractor or supplier from filing a lien or asserting
a claim against City’s real property or any interest therein.
F. Damage to Property and Notice of Harm. Tenant, at Tenant’s sole cost, shall repair
or replace to City’s satisfaction any damaged property that belongs to City or City’s other
Tenants to the extent that such damage arises from or relates to an act or omission of Tenant or
Tenant’s Associates. Tenant shall promptly notify City of any such property damage. If Tenant
discovers any other potential claims or losses that may affect City, Tenant shall promptly notify
City of the same.
G. No Alterations or Improvements. Tenant shall not make or cause to be made any
alterations or improvements to the Premises or to other areas of the Airport without City’s prior
written consent.
H. Security. Tenant is responsible to comply, at Tenants sole cost, with all security
measures that City, Federal Aviation Administration, the United States Transportation Security
Administration or any other governmental authority having jurisdiction may require in connection
with the Airport. Tenant shall protect and preserve security at the Airport, including, but not
limited to, protecting security information and protecting any access points to the Airport that are
maintained by Tenant. Tenant will be vigilant in watching for unusual activity or persons that do
not belong at the Airport, and will report such to the Airport Manager or by calling 1-866-GASECURE.
I. Removal of Disabled or Derelict Aircraft. Tenant shall promptly remove or cause to
be removed from any portion of the Airport not leased by Tenant the Aircraft (or any other
aircraft that Tenant owns or controls) if it becomes disabled or derelict. Tenant may store such
aircraft within the Tenant Improvements or, with the City’s prior written consent, elsewhere at
the Airport on terms and conditions established by City. If Tenant fails to comply with this
requirement after a written request by City to comply, City may (but is not required to) cause the
removal of any such aircraft at Tenant’s expense by any means that City determines to be in
City’s best interests.
J. Maintenance, Repair, Utilities, and Storage. Tenant’s use, occupancy, and
operations at the Premises shall be without cost or expense to the City. Tenant shall be solely
responsible to design and construct the Tenant Improvements and to maintain, repair,
reconstruct, and operate the Premises and the Tenant Improvements at Tenant’s sole cost and
expense, including, but not limited to, all utility services, janitorial services, waste disposal, and
ramp repair. Tenant shall at all times maintain the Premises and the Tenant Improvements in a
condition that is clean, safe, sanitary, and in good repair. Tenant shall perform all work in
accordance with Laws and Regulations and in a good and workmanlike manner. City has sole
discretion to determine the quality of the work. Tenant shall promptly remedy any condition that
5

fails to meet this standard. In addition to other restrictions and requirements contained in this
Agreement, Tenant shall not store outside of the Tenant Improvements (aircraft hangar) any
inoperable equipment, discarded or unsightly materials, materials likely to create a hazard,
trailers (except trailers designed to carry gliders), inoperative motor vehicles, or any other
similar items. Tenant is responsible to keep the area five feet out from all four sides of the
aircraft hangar clear of weeds and any debris.
K. Operations. Tenant’s operations shall comply with the following.
(i) Airport Operations. Tenant shall occupy the Premises and shall operate in a
manner that promotes effective Airport operations. Among other things, Tenant shall
immediately notify the Airport Manager of any condition observed at the Airport that may create
a hazard or disruption; Tenant shall refrain from annoying, disturbing, or impairing Airport
customers, tenants, or employees; and Tenant shall promptly respond to City’s requests for
information and reasonable assistance in connection with planning and other operational
matters at the Airport. If City determines for any reason that emergency conditions exist at the
Airport, Tenant shall participate in any emergency response as directed by City or other agency
in charge and shall operate in a manner that protects safety and the interests of the public.
(ii) Safety. Tenant shall maintain appropriate safety items at the Premises as may
be required by the City, Local Fire Authority, or other governmental agency
(iii) Personnel. Tenant shall control the conduct, demeanor, and appearance of
its employees and Tenant’s Associates so they do not annoy, disturb, or impair Airport
customers, tenants, or employees. Tenant shall provide the Airport Manager with the name and
contact number of a person who is responsible for and has authority to act on behalf of Tenant.
(iv) Deficiencies. Without limiting or waiving any other remedies available to City,
including declaring a breach of this Agreement, City’s remedies shall include the following in
connection with deficiencies in Tenant’s operations.
(a) Propose and Implement Cure. Tenant shall meet with the Airport
Manager as he or she may request regarding the quality of Tenant’s operations, whether or not
in connection with a specific complaint. Tenant shall propose curative measures in response to
City’s determinations regarding deficiencies in Tenant’s operations and shall implement as
expeditiously as possible measures that are approved by City.
(b) Remove Employees and Associates. City shall have the right to
require Tenant to remove from the Airport any employee or any of Tenant’s Associates that City
reasonably determines to be in violation of any provision of this Agreement or otherwise
detrimental to City’s interests at the Airport.
5.

City’s Rights and Obligations

A. Airport Maintenance. Subject to subparagraph C. of this section, City agrees that as
long as the Airport is certified to operate as an airport by the Federal Aviation Administration (or
any successor agency), City shall keep the property of the Airport in good repair and free from
obstruction in accordance with applicable Federal standards.
B. Access to Premises. City for itself and its employees, officers, directors, agents, and
other representatives (“City’s Associates”) reserves the right to enter the Premises and Tenant
6

Improvements at reasonable times and with reasonable notice for any purpose relating to the
Airport including, but not limited to, conducting inspections, determining compliance with this
Agreement, conduct Airport work, or for emergency purposes, provided that they shall not
unreasonably interfere with Tenant’s use of the Premises or Tenant’s Improvements.
C. City’s Right to Relocate Tenant’s Improvements from Premises. It is understood
and agreed that as conditions may require, the City has the right to require Tenant to relocate
Tenant’s Improvements from the Premises to a new location at a new airport if the City elects to
relocate the Airport, which would be comparable to Tenants current leased Premises. Tenant
shall bear the costs associated with relocating Tenant’s Improvements and property to the new
location. City agrees to provide the Tenant with a new Private Hangar Lease Agreement for the
new location upon the same terms and conditions as are contained herein for the unexpired
term of this Agreement.
D. City Charges. City has the right to impose rates and charges in connection with any
matter at the Airport in a manner consistent with Laws and Regulations.
E. City Directives. City is the owner and proprietor of the Airport, and City has the right
to issue any lawful, reasonable, and non-discriminatory directive as a landlord and proprietor
that City determines to be in City’s best interests.
F. Governmental Acts. City is a governmental entity, and City has all rights, powers,
immunities, and privileges afforded to it under Laws and Regulations. Tenant agrees that
Tenant is subject to any lawful governmental act of City without regard to the provisions of this
Agreement.
6.

Indemnification, Insurance, and Letter of Credit

A. Indemnity by Tenant. Tenant agrees to indemnify, hold harmless, and defend City
and its officers and employees from and against losses of every kind and character (including
but not limited to, liabilities, causes of action, losses, claims, costs, fees, attorney fees, expert
fees, court of dispute resolution costs, investigation costs, environmental claims, mitigation
costs, judgments, settlements, fines, demands, damages, charges, and expenses) that arise out
of or relate to: (i) this Agreement; (ii) any use, occupancy, or operations at the Premises or the
Airport by Tenant or Tenant’s Associates; or (iii) any wrongful, reckless, or negligent act or
omission of Tenant or Tenant’s Associates. Tenant shall use attorneys, experts, and
professionals that are reasonably acceptable to City in carrying out this obligation. This
obligation does not require Tenant to indemnify City and its officers and employees against
losses (as defined above) that arise solely from the negligent acts or omissions of City and its
officers and employees. The obligation stated in this Section 6.A. shall survive the expiration or
other termination of this Agreement with respect to matters arising before such expiration or
other termination. These duties shall apply whether or not the allegations made are proven to be
true.
B. Waiver. Tenant assumes all risk of the use of the Premises and the Airport, and
Tenant hereby knowingly, voluntarily, and intentionally waives any and all losses, liabilities,
claims, and causes of action, of every kind and character, that may exist now or in the future
(including, but not limited to, claims for business interruption and for damage to any aircraft)
against City and its officers, employees, and volunteers arising from or related to Tenant’s use,
occupancy, or operations at the Premises or the Airport.
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C. Insurance. At Tenant’s cost, Tenant shall procure the following insurance coverage
prior to entering the Premises, and Tenant shall maintain its insurance coverage in force at all
times this Agreement is in effect:
i. Aircraft Liability with Additional Coverage. Aircraft liability insurance that
includes premises liability, and, if applicable, mobile equipment coverage with a combined
single limit for bodily injury and property damage of not less than one million dollars
($1,000,000) per occurrence (and one hundred thousand dollars ($100,000) per passenger seat
for applicable claims), including, but not limited to, contractual liability coverage for Tenant’s
performance of the indemnity agreement set forth in Section 6.A. If any such coverage is not
available to Tenant in the form of an aircraft liability policy, Tenant shall obtain substantially
similar coverage through a commercial general liability policy.
ii. Property. Tenant is solely responsible for Tenant’s Improvements and
Tenant’s personal property, and Tenant may purchase insurance for Tenant’s Improvements
and Tenant’s personal property as Tenant may determine.
iii. Automobile. If Tenant drives any automobile other than in the roadways and
automobile parking areas at the Airport (including, but not limited to, if Tenant parks an
automobile in Tenant’s hangar when permitted by this Agreement), comprehensive automobile
liability coverage for claims and damage due to bodily injury or death of any person or property
damage arising out of Tenant’s ownership, maintenance, or use of any motor vehicles, whether
owned, hired, or non-owned, of not less than five hundred thousand dollars ($500,000) single
combined limit “per accident” for bodily injury and property damage.
iv. Pollution. Tenant is responsible for environmental losses. Any pollution legal
liability insurance obtained by Tenant shall comply with the requirements for insurance that are
stated in this Agreement. If Tenant engages in self-fueling, Tenant shall comply with City’s selffueling requirements, including, but not limited to, pollution legal liability insurance requirements.
v. Aircraft. Tenant is solely responsible for any damage to the Aircraft. Tenant
shall obtain insurance coverage for the Aircraft as Tenant may determine.
vi. Business Interruption. Tenant is solely responsible for all costs of business
interruption, however incurred, and Tenant may purchase business interruption insurance as
Tenant may determine.
D. Insurance Requirements. The insurance described by this section have the
following requirements:
i. General Requirements. At all times when this Agreement is in effect, Tenant
shall maintain in force all required insurance coverage and shall have on file with the City
Certificates of Insurance evidencing the same. Such certificates shall provide that coverage will
not be cancelled, suspended, voided, or reduced without at least thirty (30) days prior written
notice to the City. Ratings for the financial strength of the companies providing Tenant’s
insurance policies shall be disclosed in such certificates and shall be “A- VII” or stronger as
published in the latest Best’s Key Rating Guide (or a comparable rating from a comparable
rating service). If a lower rating is proposed, City may examine the financial strength of the
insurance company proposed to provide coverage and may consent to a lower rating in the
City’s sole and absolute discretion, and City may also require additional assurances from
Tenant. All certificates shall be signed by a person authorized by the insurer and licensed by
8

the State of Utah. All policies (except any policies required for worker’s compensation or error s
and omissions) and the certificates evidencing coverage shall name City and its officers,
employees, and volunteers as additional insureds (or in the case of property coverage, City
shall be named as a loss payee). Tenant shall provide for a renewal of all insurance coverage
on a timely basis to prevent any lapse in coverage. City retains the right to approve any
deductibles, and Tenant shall notify City of any material erosion of the aggregate limits of any
policy. Tenant’s policies shall be primary. Such policies shall extend insurance to cover
Tenant’s contractual obligations under this Agreement.
ii. Minimum Requirements. City’s insurance requirements are minimum
requirements, and Tenant is responsible to obtain adequate insurance coverage as Tenant may
determine. Except as otherwise expressly set forth in this Agreement, Tenant assumes all risk
under this Agreement (including, but not limited to, business interruption claims) whether or not
insured.
iii. Waiver of Subrogation. Notwithstanding any other provision contained in this
Agreement, each of the parties hereby waives any rights of subrogation it may have against the
other party for loss or damage from any risk that is covered by insurance (including, but not
limited to, claims for business interruption). Each of the parties shall obtain a clause or
endorsement providing for such waiver of subrogation in any policies of insurance required
under this Agreement.
iv. Terms Subject to Change. City, in its sole and absolute discretion, reserves
the right to review and adjust at any time Tenant’s required insurance limits, types of coverage,
and any other terms applicable to insurance to reasonably insure against any risk associated
with this Agreement or Tenant’s use, occupancy, or operations at the Airport. Among other
things, City may review any or all insurance coverage on a periodic basis and in connection with
any specific activity or event associated with the Airport or proposed by Tenant.
v. Stopping Operations. Among City’s remedies, if at any time Tenant’s
insurance coverage is not in effect as required herein, City may (but is not required to) stop all
or any portion of Tenant’s operations without liability to City until Tenant fully restores such
coverage.
E. Performance Security. City reserves the right to require a performance security in a
form and amount acceptable to City upon any material default by Tenant under this Agreement.
7.
Hazardous Materials. Tenant shall not cause or permit any Hazardous Materials to be
used, produced, stored, transported, brought upon, or released on , under, or about the
premises or the Airport by Tenant or Tenant’s Associates in violation of applicable
Environmental Laws. Tenant is responsible for any such violation as provided by Section 6.A. of
this Agreement. Tenant agrees that in the event of a release or threat of release of any
Hazardous Material by Tenant or Tenant’s Associates at the Airport, Tenant shall provide City
with prompt notice of the same. Tenant shall respond to any such release or threat of release in
accordance with applicable Laws and Regulations.
8.

Assignment and Subleasing

A. Assignment. Tenant shall not assign any of its rights under this Agreement,
including, but not limited to, rights in the Tenant Improvements, (whether such assignment is
voluntary or involuntary, by merger, consolidation, dissolution, change in control, or any other
9

manner), shall not encumber any such rights or record this Agreement (or any document or
interest related thereto) and shall not delegate any performance under this Agreement, except
with prior written consent of City to any of the same. City will not unreasonably withhold written
consent to an assignment of this Agreement.
B. Subleasing. With prior written consent of City, Tenant shall have the right to
sublease portions of the Premises and Tenant Improvements only for the purposes specified in
this Agreement or to store an aircraft. City shall have the right to approve any sublease tenant
and sublease agreement. Tenant shall impose on any approved sublease tenant the same
terms set forth in this Agreement to provide for the rights and protections afforded to City.
Tenant shall reserve the right to amend any sublease to conform to the requirements of this
Agreement, and any sublease shall be consistent with and subordinate to this Agreement as it is
amended from time to time. Any sublease shall include an agreement that the sublease will
attorn to and pay rent to City if Tenant ceases to be a party to this Agreement. Tenant shall
provide to City a copy of any sublease executed by Tenant. No sublease shall relieve Tenant of
any obligations under this Agreement.
9.

Damage, Destruction, and Condemnation.

A. Damage or Destruction of Premises. If any portion of the Premises or the Tenant
Improvements is damaged in any manner, Tenant shall promptly remove from the Airport all
debris and cause repairs to be made to restore the same to an orderly and safe condition. All
work shall be performed in accordance with plans and specifications that are approved by City
as being consistent or better that the original improvements, and Tenant shall follow City’s
policies and procedures regarding obtaining building permits as necessary. Tenant shall apply
all proceeds that are made available from Tenant’s insurance policies (or those of any
subtenant or assignee) to performing such work. If City performs such work pursuant to Section
10.B, such insurance proceeds shall be paid to City. If the Premises or Tenant Improvements
are tenantable despite such damage, Tenant shall not receive any abatement of Tenant’s rent
obligations. To the extent that any portion is rendered untenantable by such damage in light of
the purposes of this Agreement (as determined by City in its sole discretion), rent shall continue
if Tenant has business interruption insurance, or if Tenant does not have such insurance, City
shall abate Tenant’s rent proportionately until repairs have been substantially completed (as
determined by City in its sole discretion).
B. Condemnation. In the event of any condemnation proceeding in which all or any
part of the Premises is taken (by a condemnor other than the City), all compensation from such
proceeding shall be paid to City, except that Tenant may pursue a claim against the condemnor
for the value of the Tenant Improvements and Tenant’s leasehold interest and any subtenants
may pursue a claim against the condemnor for the value of their subtenancy interests. In the
event of a partial taking, City shall reduce the ground rent payable by Tenant on a pro rata basis
for portions of the premises so taken. If City determines in its sole discretion that all or a
material portion of the premises will be (or has been) rendered untenantable as a result of such
taking, City may terminate this Agreement by giving Tenant a written notice of termination, and
this Agreement shall terminate at time specified in the notice (which shall not be less than sixty
(60) days after the date of such notice).
10.

Default

A. Tenant’s Default. Each of the following events shall constitute a default or breach of
this Agreement by the Tenant. (i) Tenant fails to timely pay any installment of rent; (ii) Tenant
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violates any requirement under this Agreement (including, but not limited to, abandonment of
the Premises) and fails to cure the same within sixty (60) days after written notice thereof by
City to Tenant; (iii) Tenant assigns or encumbers any right in this Agreement, delegates any
performance hereunder, or subleases any part of the Premises (except as expressly permitted
in this Agreement); (iv) Tenant files a petition in bankruptcy, becomes insolvent, or has a
petition filed against Tenant in bankruptcy, insolvency, or for reorganization or appointment of a
receiver or trustee which is not dismissed within sixty (60) days; (v) Tenant petitions for or
enters into an arrangement for the benefit of creditors, or suffers this Agreement to become
subject to a writ of execution and such writ is not released within thirty (30) days; or (vi) Tenant
defaults in constructing a Tenant Improvement as provided for in this Agreement.
B. Remedies. Upon default by Tenant under this Agreement, City may (at any time)
pursue any or all remedies available to City, including, but not limited to, the following: (i)
perform in Tenant’s stead any obligation that Tenant has failed to perform, and Tenant shall
promptly pay to City all costs incurred by City for such performance; (ii) terminate Tenants rights
under this Agreement upon delivering a written notice of termination; and (iii) re-enter and take
possession of the Premises by any lawful means (with or without terminating this Agreement).
Tenant shall pay all costs and damages arising out of Tenant’s default, including, but not limited
to, the cost of recovering possession of the Premises, the cost of improving and re-letting the
Premises, and any attorney fees and costs. Notwithstanding any termination or re-entry, Tenant
shall remain liable to pay the rent required under this Agreement for the remaining term of this
Agreement, and Tenant shall pay City on demand for any deficiency in the same. No action by
City or City’s Associates shall be construed as an election by City to terminate this Agreement
or accept any surrender of the Premises unless City provides Tenant with a written notice
expressly stating that City has terminated this Agreement or accepted a surrender of the
Premises. Following a default by Tenant under this Agreement, City shall exercise commercially
reasonable, good faith efforts to mitigate its damages as required by applicable Utah law.
C. Default by City. City shall not be in default under this Agreement unless City fails to
perform an obligation required of City under this Agreement within thirty (30) days after written
notice by Tenant to City. If the nature of City’s obligation is such that more than thirty (30) days
are reasonably required for performance or cure, City shall not be in default if City commences
performance within such thirty (30) day period and thereafter diligently prosecutes the same to
completion. In no event may Tenant terminate this Agreement or withhold the payment of rent or
other charges provided for in this Agreement as a result of City’s default.
D. Survival. The provisions of this Section 10 and the remedies and rights provided in
Section 6 shall survive any expiration or termination of this Agreement.
11.

Expiration or Termination

A. Tenant’s First Right of Refusal. If the City elects to re-let the Premises upon the
expiration of this Agreement, and if the Tenant is in compliance with the terms of this
Agreement, the Tenant shall have the first right of refusal to enter into a new lease of the
Premises upon the terms and conditions as the City Council at the time may require. No sooner
than 180 days and no later than 30 days before the end of the term of this Agreement, Tenant
shall notify City in writing that Tenant desires to exercise its right of first refusal under this
paragraph, after which the Tenant’s right of first refusal shall expire. Tenant’s refusal to enter
into a new lease upon the terms and conditions required by the City Council at the time shall
also result in the expiration of Tenant’s right of first refusal.
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B. Disposition of Tenant Improvements. Upon the termination of this Agreement
before or on the expiration date, Tenant shall do one of the following at the option of City: (1)
enter into a new lease to relet the Premises pursuant to Tenant’s right of first refusal as set out
in Section 11.A.; (2) surrender the Tenant Improvements to City if City has determined to accept
the Tenant Improvements, with Tenant’s rights, title, and interests in the Tenants Improvements
being deemed transferred to the City upon the City accepting the same; or (3) remove all
Tenant Improvements from the Premises and Airport at Tenant’s sole expense in a manner
acceptable to City (and the obligations of section 6.A. shall apply to such removal). If Tenant
fails to remove any Tenant Improvements under subsection (4), City may do so in any manner
acceptable to City pursuant to Section 10.B.
C. Surrender of Premises. Unless the Premises is relet to Tenant prior to the
expiration of this Agreement pursuant to Section 11.A., upon any expiration or termination of
this Agreement, Tenant, at Tenant’s sole cost, shall (i) promptly and peaceably surrender to City
the Premises (and any Tenant Improvements accepted by the City pursuant to Section 11.B)
“broom clean” and in good order and condition, excepting reasonable wear and tear; (ii) repair in
a good and workmanlike manner any damage to the Premises or the Airport that arises from or
relates to Tenant’s use, occupancy, or operations under this Agreement (including, but not
limited to, while removing any property upon expiration or termination); (iii) deliver to City all
keys and access credentials relating to the Airport; (iv) perform Tenant’s environmental
obligations as provided in Section 7; and (v) remove all movable personal property and trade
fixtures (including signage) that are not owned by City, (except that Tenant must obtain City’s
prior written consent to remove any such property if Tenant is in default under this Agreement or
if such removal may impair the structure of any building). Upon any expiration or termination of
this Agreement (which includes, but is not limited to, termination for abandonment of the
Premises), all property that Tenant leaves on the Premises shall conclusively be deemed to
have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed
of by City without notice to, and without any obligation to account to, Tenant or any other person
(except that Tenant Improvements shall be as provided in Section 11.B). Tenant shall pay to
City all expenses incurred in connection with the disposition of such property in excess of any
amount received by City from such disposition. Tenant shall not be released from Tenant’s
obligations under this Agreement in connection with surrender of the Premises until City has
inspected the Premises and delivered to Tenant a written acceptance of such surrender.
D. Holding Over. If Tenant remains in possession of the Premises after any expiration
or termination of this Agreement, such occupancy shall not waive any default under this
Agreement and City may terminate such occupancy as a tenancy at will in accordance with
Utah Law. During such occupancy, Tenant shall comply will all provisions of this Agreement that
are applicable to an at-will-tenancy, and Tenant shall pay the following rent: ground rent at the
highest rate then charged at the Airport and rent for the Tenant Improvements at fair market
value based on City’s survey of rent for similarly situated facilities at the Airport and at other
western airports.
E. Survival. The provisions of this Section 11 shall survive any expiration or termination
of this Agreement.
12.

General Provisions

A. No Exclusive Rights. Nothing in this Agreement shall be construed to grant to
Tenant any exclusive right or privilege for the conduct of any activity on the Airport (except to
lease the Premises for Tenant’s exclusive use as provided herein).
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B. Agreement Preserves City’s Compliance. This Agreement shall be interpreted to
preserve City’s rights and powers to comply with City’s Federal and other governmental
obligations.
C. Subordination to City’s Government Commitments. This Agreement is
subordinate to the provisions of any agreement between City and the United States or other
governmental authority (regardless of when made) that affects the Airport, including, but not
limited to, agreements governing the expenditure of Federal funds for Airport Improvements. In
the event that the Federal Aviation Administration or other governmental authority requires any
modification to this Agreement as a condition of City entering any agreement or participating in
any program applicable to the Airport, Tenant agrees to consent to any such modification. If a
governmental authority determines that any act or omission of Tenant or Tenant’s Associates
has caused or will cause City to be non-compliant with any of City’s government commitments,
Tenant shall immediately take such actions that may be necessary to preserve City’s
compliance with the same.
D. Subordination to Financing and Matters of Record. This Agreement is subordinate
to the provisions of any agreements or indentures entered by City (regardless of when entered)
in connection with any debt financing applicable to the Airport and is subordinate to any matter
of record affecting the real property of the Airport.
E. Force Majeure. No act or event, whether foreseen or unforeseen, shall operate to
excuse Tenant from the prompt payment of rent or any other amounts required to be paid under
this Agreement. If City (or Tenant in connection with obligations other than payment obligations)
is delayed or hindered in any performance under this Agreement by a force majeure event, such
performance shall be excused to the extent so delayed or hindered during the time when such
force majeure event is in effect, and such performance shall promptly occur or resume
thereafter at the expense of the party so delayed or hindered. A “force majeure event” is an act
or event, whether foreseen or unforeseen, that prevents a party in whole or in part from
performing as provided in this Agreement, that is beyond the reasonable control of and not the
fault of such party, and such party has been unable to avoid or overcome by exercising due
diligence, and may include, but is not limited to, acts of nature, war, riots, strikes, accidents, fire,
and changes in law.
F. Rights and Remedies. Except as expressly set forth in this Agreement, the rights
and remedies set forth in this Agreement are not intended to be exhaustive and the exercise by
either party of any right or remedy does not preclude the exercise of any other rights or
remedies that may now or subsequently exist.
G. Attorneys Fees. If any action is brought to recover any rent or other amount under
this Agreement because of any default under this Agreement, to enforce or interpret any of the
provisions of this Agreement, or for the recovery of possession of the Premises, the party
prevailing in such action shall be entitled to recovery from the other party(s) reasonable
attorneys fees, court costs, the fees of experts and other professionals, and other costs arising
from such action (including those arising from any appeal), the amount of which shall be fixed
by the court and made a part of any judgment rendered. Tenant shall be responsible for all
expenses, including but not limited to, attorney fees incurred by the City in any case or
proceeding involving the Tenant or any permitted assignee of Tenant under or related to any
bankruptcy or insolvency law. The provisions of this Section 12.G. shall survive any expiration
or termination of this Agreement.
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H. Governing Law, Venue, and Waiver of Jury Trial. This Agreement and the
respective rights and obligations of the parties shall be governed by, interpreted, and enforced
in accordance with the Laws of the State of Utah. Venue for any action arising out of or related
to this Agreement or actions contemplated hereby may be brought in the United States District
Court for Utah or the District Court for the State of Utah sitting in Washington County, Utah so
long as one of such courts shall have subject matter jurisdiction over such action or proceeding,
and each of the parties hereby irrevocable consents to the jurisdiction of the same and of the
appropriate appellate courts there from. Process in any such action may be served on any party
anywhere in the world. CITY AND TENANT EACH KNOWINGLY, VOLUNTARILY, AND
INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING,
OR COUNTERCLAIM BROUGHT BY EITHER OF THEM AGAINST THE OTHER FOR ALL
MATTERS ARISING OUT OF OR RELATING TO THIS LEASE OR ANY USE, OCCUPANCY,
OR OPERATIONS AT THE PREMISES OR THE AIRPORT. The provisions of this Section
12.H. shall survive any expiration or termination of this Agreement.
I. Amendments and Waivers. No amendment to this Agreement shall be binding on
City or Tenant unless reduced to writing and signed by both parties. No provision of this
Agreement may be waived, except pursuant to a writing executed by the party against whom
the waiver is sought to be enforced.
J. Severability. If any provision of this Agreement is determined to be invalid, illegal, or
unenforceable, the remaining provisions of this Agreement shall remain in full force and effect if
both the economic and legal substance of the transactions that this Agreement contemplates
are not affected in any manner materially adverse to any part. If any provision of this Agreement
is held invalid, illegal, or unenforceable, the parties shall negotiate in good faith to modify this
Agreement to fulfill as closely as possible the original intents and purposes of this Agreement.
K. Merger. This Agreement constitutes the final, complete, and exclusive agreement
between the parties on the matters contained in this Agreement. All prior and contemporaneous
negotiations and agreements between the parties on the matters contained in this Agreement
are expressly merged into and superseded by this Agreement. In entering into this Agreement,
neither party has relied on any statement, representation, warranty, now agreement of the other
party except for those expressly contained in this Agreement. Any proposal materials or exhibits
submitted by Tenant in response to a solicitation by City, to the extent accepted by City, shall
also be incorporated in this Agreement.
L. Confidentiality. Tenant acknowledges that City is subject to legal requirements
regarding the public disclosure of records. Tenant shall comply with such laws in connection
with making any request that City maintain a record confidentially, and if Tenant complies with
the same, Tenant shall have the right to defend any such request for confidentiality at Tenant’s
expense.
M. Relationship of Parties. This Agreement does not create any partnership, joint
venture, employment, or agency relationship between the parties. Nothing in this Agreement
shall confer upon any other person or entity any right, benefit, or remedy of any nature.
N. Further Assurances. Each party shall execute any document or take any action that
may be necessary or desirable to consummate and make effective a performance that is
required under this Agreement.
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O. Miscellaneous. The headings in this Agreement are provided for convenience only
and do not affect this Agreement’s construction or interpretation. All references to Sections are
to Sections in this Agreement. Each provision to be performed by Tenant shall be construed as
both a covenant and a condition. This Agreement shall be construed without regard to any
presumption or rule requiring construction or interpretation against the drafting party. If Tenant
consists of more than one individual or entity, the obligations of all such individuals and entities
shall be joint and several. References in this Agreement to any period of days shall mean
calendar days unless specifically stated otherwise.
P. Time is of the Essence. Time is of the essence in this Agreement.
Q. Notices. Any notice, demand, written consent, or other communication required to be
in writing under this Agreement shall be given in writing by personal delivery, express mail
(postage prepaid), nationally recognized overnight courier with all fees prepaid (such as, by way
of example, Federal Express or UPS), or certified mail (return receipt requested and postage
prepaid) when addressed to the respective parties as follows.
If to City:

If to Tenant:

Hurricane City
City Attorney
147 N. 870 W.
Hurricane, UT 84737

Aviation Resources, LLC
David Houston, Registered Agent
800 W 2300 S Box 11, PO Box 796
Hurricane, UT 84737

Either City or Tenant may change its notice address by giving written notice (as provided herein)
of such change to the other party. Any notice, demand, or written consent or communication
shall be deemed to have been given, and shall be effective, upon compliance with this Section
12.Q. and delivery to the notice address then in effect for the party to which the notice is
directed; provided, however, that such delivery shall not be defeated or delayed by any refusal
to accept delivery or an inability to effect delivery because of an address change that was not
properly communicated.
R. Binding Obligation. Tenant warrants and represents that it has the right, power, and
legal capacity to enter into and perform its obligations under this Agreement as a legal, valid,
and binding obligation of Tenant.
S. City Approval and Consent. Wherever in this Agreement it specifies the City must
give approval or consent by the terms of this Agreement, such approval or consent shall not be
unreasonably withheld. Unless otherwise specified, approval, consent, or action by the City
refers to approval or consent by the Hurricane City Council.
T. Personal Guaranty. The undersigned Guarantor does herewith personally
guarantee the due performance of this Agreement regarding all its provisions and obligations in
the same way as if Guarantor were the original Tenant of this Agreement. This guaranty is
continuing and unconditional. The undersigned Guarantor shall be liable as a principal debtor
and not merely as surety, and the bankruptcy or any assignment in favor of creditors of Tenant
shall not affect the enforceability of this Personal Guaranty. This Personal Guaranty shall bind
the respective heirs, executors, administrators, and assigns of the undersigned Guarantor, and
shall inure to the benefit of the City, its successors, assigns, and subrogees. Guarantor now
waives and releases all benefits and relief from all and any appraisement, exemption, or stay
laws of any state currently in force or passed in the future.
15

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first written above.
HURRICANE CITY

AVIATION RESOURCES, LLC

_____________________________________
Nanette Billings, Mayor

__________________________________
By: David Houston
Its: Manager

Attest:

GUARANTOR

_____________________________________
City Recorder

___________________________________
David Houston

Approved as to form:
_____________________________________
Dayton Hall, City Attorney

16

STAFF COMMENTS
Agenda Date: 9/17/2026
Item: Discussion and possible recommendation of approval regarding the Hurricane City Pole
Attachment License Agreement.
Discussion: This will be a complete overhaul of the pole attachment agreement. Hurricane
City currently has an agreement that has been included with the packet. The new document
contains the agreement and several appendices. The agreement will be similar to St. George
and Washington City and has been reviewed by Dayton Hall. This agreement will last for 5
years and will automatically renew twice. Once at the end of the first five years and a second
time after 10 years. Section 3.11 was also added to allow the fees and charges to be updated
by resolution of the Hurricane City Council to allow the City to adjust costs as needed
throughout the duration of the contract.
The first appendix is the Pole Attachment Fees and Penalties. This document contains a
breakdown of all the associated fees and penalties both annual and recurring. Currently the
Licensees are being charged $10.00 per pole attachment. This will be increased to $20.00 per
attachment annually. This will make us comparable to neighboring cities. Additional fees that
will be included is a $50.00 annual fee for wire storage on Poles. A non-recurring fee of
$225.00 for permit application fee of (1-20) poles and riser fee of $50.00. There will also be
penalties for unauthorized attachments and failure to transfer, abandon, or remove facilities.
Appendix B outlines the Pole Attachment Permit Application Process. Currently there is not a
documented process. This agreement will require a review process of the submitted
application and that all necessary fees are paid before any communication infrastructure can
be installed.
Appendix C is the Application for Pole Attachment Permit. This will require the Licensee to
give a description of the work they are requesting and additional information such as number
of new pole attachments, if they are removing or replacing equipment, if guying is required,
etc.
Appendix D is the Specifications for Licensee’s Attachments to City Poles. This outlines how
they will be required to attach to the City’s power poles. Hurricane City does not currently have
an attachment standard. This will all be new and will allow the power department to ensure
that telecommunications infrastructure is installed properly.
Appendix E is the Distribution Line Minimum Design Review Information and Worksheet. This
outlines the minimum conditions to calculate pole strength and has a worksheet for the
Licensee to fill out any design information. The City may direct that certain attachments do not
require the submission of the Design Review Information.
Appendix F is a Field Drawing and Data Summary Sheet Instructions sheet.
Appendix G is the Annual Reporting Form for Attachments. This document will be required to
be filled out by February 1st of each year. It will detail any additional attachments, risers, etc. or

any removals. This will be compared to the last years total and all attachment applications to
ensure that an accurate count is being recorded. This will determine how much each Licensee
will be invoiced in March.
Findings:
Recommendation: The Pole Attachment License Agreement was recommended for approval
unanimously by the Power Board on 9/9/2026.
Summary written by Alex Farnsworth, Electrical Engineer

Pole Attachment
License Agreement

Between Hurricane City and ___________________
(Licensee)

Contents
Pole Attachment License Agreement .............................................................................. 4
ARTICLE 1 – DEFINITIONS .............................................................................................. 5
ARTICLE 2 – SCOPE OF AGREEMENT .............................................................................. 7
ARTICLE 3 – FEES AND CHARGES ................................................................................... 9
ARTICLE 4 – SPECIFICATIONS ...................................................................................... 11
ARTICLE 5 – PRIVATE AND REGULATORY COMPLIANCE ................................................. 13
ARTICLE 6 – PERMIT APPLICATION PROCEDURES ......................................................... 14
ARTICLE 7 – MAKE-READY WORK/INSTALLATION........................................................... 16
ARTICLE 8 – TRANSFERS .............................................................................................. 18
ARTICLE 9 – MODIFICATION AND/OR REPLACEMENTS .................................................. 18
ARTICLE 10 – ABANDONMENT OR REMOVAL OF CITY FACILTIES .................................... 21
ARTICLE 11 – REMOVAL OF LICENSEE’S FACILITIES....................................................... 21
ARTICLE 12 – TERMINATION OF PERMIT ........................................................................ 22
ARTICLE 13 – INSPECTION OF LICENSEE’S FACILITIES .................................................. 22
ARTICLE 14 – UNAUTHORIZED OCCUPANCY OR ACCESS .............................................. 23
ARTICLE 15 – REPORTING REQUIREMENTS ................................................................... 23
ARTICLE 16 – LIABILITY AND INDEMNIFICATION ............................................................ 24
ARTICLE 17 – DUTIES, RESPONSIBILITIES, AND EXCULPATION ....................................... 27
ARTICLE 18 – INSURANCE ........................................................................................... 28
ARTICLE 19 – AUTHORIZATION NOT EXCLUSIVE ............................................................ 31
ARTICLE 20 – ASSIGNMENT ......................................................................................... 31
ARTICLE 21 – FAILURE TO ENFORCE ............................................................................. 31
ARTICLE 22 – ISSUE RESOLUTION PROCESS ................................................................. 32
ARTICLE 23 – TERMINATION OF AGREEMENT ................................................................ 33
ARTICLE 24 – TERM OF AGREEMENT ............................................................................. 34
ARTICLE 25 – AMENDING AGREEMENT ......................................................................... 34
ARTICLE 26 – NOTICES ................................................................................................ 34
ARTICLE 27 – ENTIRE AGREEMENT ............................................................................... 35
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ARTICLE 28 – SEVERABILITY ......................................................................................... 35
ARTICLE 29 – GOVERNING LAW ................................................................................... 35
ARTICLE 30 – INCORPORATION OF RECITALS AND APPENDICIES .................................. 35
ARTICLE 31 – PERFORMANCE BOND ............................................................................ 36
ARTICLE 32 – FORCE MAJEURE .................................................................................... 36
HURRICANE CITY ........................................................................................................ 38
LICENSEE ................................................................................................................... 39
Appendix A – Fees and Charges ................................................................................ 40
Appendix B – Pole Attachment Permit Application Process ......................................... 41
Appendix C – Application for Pole Attachment Permit ................................................. 44
Appendix D – Specifications for Licensee’s Attachments to City Poles ......................... 47
Appendix E –............................................................................................................ 55
Distribution Line Minimum Design Review Information and Worksheet ........................ 55
Appendix F – Field Drawing and Data Summary Sheet Instructions .............................. 62
Appendix G – Annual Reporting Form for Attachments ................................................ 63

Hurricane City
Pole Attachment Agreement

3

Pole Attachment
License Agreement
This Pole Attachment Licensing Agreement (the "Agreement") dated
, 20
is
made by and between Hurricane City, a Utah Municipal Corporation ("City"), and
("Licensee"). City and Licensee may be referred to
collectively as the "Parties."
RECITALS
A. Licensee proposes to install and maintain Communications Facilities and
associated equipment, Licensee’s Attachments, on certain City’s Poles to provide
Communications Services; and
B. City is willing, when it may lawfully do so, to issue one or more Permits authorizing
the placement or installation of Licensee’s Attachments on City’s Poles, provided
that City may refuse, on a nondiscriminatory basis, to issue a Permit where there is
an insufficient Capacity or for reasons relating to safety, reliability, generally
applicable engineering purposes, and/or any other Applicable Standard, basis, or
contract; and
C. The parties intend that this Agreement replaces any previous pole attachment
agreement(s) between the Parties upon the Effective Date of its execution; and
Therefore, in consideration of the mutual covenants, terms, and conditions set below
the Parties agree as follows:

Hurricane City
Pole Attachment Agreement

4

AGREEMENT

ARTICLE 1 – DEFINITIONS
For the Purposes of this Agreement, the following terms, phrases, words, and their
derivations, shall have the meaning given below; unless more specifically defined within a
specific Article or Paragraph of this Agreement. When not inconsistent with the context,
words used in the present tense include the future and past tense, and words in singular
number include the plural number. The words “shall” and “will” are mandatory and “may”
is permissive. Words not defined shall be given their common and ordinary meaning.
1.1.
Affiliate: when used in relation to Licensee, means another entity that owns
or controls, is owned or controlled by, or is under common ownership or
control with Licensee.
1.2.
Applicable Standards: means all applicable engineering and safety
standards governing the installation, maintenance, and operation of facilities
and the performance of all work in or around electric City Facilities and
includes the most current versions on National Electric Safety Code
(“NESC”), the National Electrical Code (“NEC”), and the regulations of the
Occupational Safety and Health Administration (“OSHA”), each of which is
incorporated by reference in this Agreement, and/or other reasonable safety
and engineering requirements of City or other federal, state, or local authority
with jurisdiction over City Facilities.
1.3.
Attaching Entity: means any public or private entity, including Licensee,
that, pursuant to a license agreement with City, places an Attachment on
City’s Pole to provide Communications Service.
1.4.
Attachment(s): means Licensee’s Communications Facilities that are
placed directly on City’s Poles, are Overlashed onto an existing Attachment,
a Riser or a service drop attached to a single Pole where Licensee has an
existing Attachment on such a Pole.
1.5.
Capacity: means the ability of a Ple segment to accommodate an additional
Attachment or change to a current Attachment based on Applicable
Standards, including space and loading considerations.
1.6.
Climbing Space: means that portion of a Pole’s surface and surrounding
space that is free from encumbrances to enable City employees and
contractors to safely climb, access, and work on City Facilities and
equipment.
1.7.
Communications Facilities: means wireline or small cell wireless facilities,
including but not limited to, fiber optic, copper, and/or coaxial cables,
wireless antennas, receivers or transceivers, including any and all associated
equipment, utilized to provide Communications Service.
Hurricane City
Pole Attachment Agreement

5

1.8.
1.9.
1.10.
1.11.
1.12.
1.13.

1.14.
1.15.
1.16.

1.17.

1.18.
1.19.
1.20.

Communications Service: means the transmission or receipt of voice,
video, data, broadband internet, or other forms of digital or analog signals
over Communications Facilities.
Guy: means a cable that is in tension to add stability to a free standing
structure at dead ends and angle poles. The guy includes; guy wire, anchor
and other miscellaneous hardware.
Conduit System: means underground City trench (Joint City Trench) which
includes: electrical, fiber and/or communications systems. City owned
conduit systems are not part of this agreement.
Innderduct: means flexible conduit installed inside a larger rigid conduit for
placement of wire or cable.
Licensee: means
, its authorized successor and assignees.
Make-Ready Work: means all work that City reasonably determines to be
required to accommodate Licensee’s Communications Facilities and/or to
comply with all Applicable Standards. Such work includes, but is not limited
to, rearrangement and/or transfer of City Facilities or existing Attachments,
inspections, engineering work, permitting work, tree trimming (other than
tree trimming performed for normal maintenance purposes), pole
replacement and construction, but does not include Licensee’s routine
maintenance.
Occupancy: means the use or reservation of space for Attachments on a
City Pole.
Overlash: means to place an additional wire or cable Communications
Facility onto an existing attached Communications Facility.
Pedestals/Vaults/Enclosures: means above-or below-ground housings that
are not attached to City Poles but are used to enclose a cable/wire splice,
power supplies, amplifiers, passive devices, and/or to provide a service
connection point (see Appendix D Specifications)
Permit: means written or electronic authorization (see Appendix C) by City
for Licensee to make or maintain Attachments to specific City Poles
pursuant to the requirements of this Agreement. Licensee’s attachments
made prior to the Effective date and authorized by City (Existing
Attachments) shall be deemed Permitted Attachments hereunder.
Pole: means a pole owned or controlled by City that is used for the
distribution of electricity and/or Communications Service and is capable of
supporting Attachments for Communications Facilities.
Post-Construction Inspection: means the inspection by City or Licensee or
some combination of both to verify that the Attachments have been made in
accordance with Applicable Standards and the Permit.
Post-Construction Survey: means all work or operations required by
Applicable Standards and/or City to determine the Make-Ready Work
necessary to accommodate Licensee’s Communications Facilities on a Pole.

Hurricane City
Pole Attachment Agreement

6

1.21.

1.22.
1.23.

1.24.
1.25.

Such work includes, but is not limited to, field inspection and administrative
processing.
Reserved Capacity: means capacity or space on a Pole that the City has
identified and reserved for its own future City requirements at the time of the
Permit grant, including the installation of communications circuits for
operation of City’s electric system.
Riser: means metallic encasement materials placed vertically on the Pole to
guide and protect wires and cables.
Tag: means to place distinct markers on wires and cables, coded by color or
other means specified by City and/or applicable federal, state or local
regulations, that will readily identify the type of Attachment (e.g., cable TV,
telephone, high-speed broadband date, public safety) and its owner.
City Facilities: means all personal property and real property owned or
controlled by City, including Poles, Conduit System, and related facilities.
Service Area: This agreement applies to poles and City Facilities served by
Hurricane City Power. It does not apply to poles and facilities owned and
operated by other entities located within Hurricane City boundaries.

ARTICLE 2 – SCOPE OF AGREEMENT
2.1.

2.2.
2.3.

2.4.

Grant of License. Subject to the provisions of this Agreement, City may grant
Licensee a revocable, nonexclusive license authorizing Licensee to install
and maintain communications Attachments to City’s Poles. As of the
Effective Date of this Agreement, any pre-existing Attachment(s) will be
considered subject to and integrated into this Agreement. Attachment of
communications lines or equipment to City-owned transmission poles and
structures is not allowed.
Parties Bound by Agreement. Licensee and City agree to be bound by all
provisions of this Agreement.
Permit Issuance Conditions. City will issue one or more Permit(s) to
Licensee only when City determines, in its sole judgement, exercised
reasonably, that (i) it has sufficient Capacity to accommodate the requested
Attachment(s), (ii) Licensee meets all requirements set forth in this
Agreement, and (iii) such Permit(s) comply with all Applicable Standards and
contracts.
Reserved Capacity. Access to space on City Poles may be made available to
Licensee with the understanding that certain Poles may be subject to
Reserve Capacity for future electric service use. At the time of Permit
issuance, City shall notify Licensee if capacity on particular poles is being
reserved for reasonably foreseeable future electric use. For Attachments
made with notice of such a Reservation of Capacity, on giving Licensee at
least sixty (60) calendar days prior notice, City may reclaim such Reserved

Hurricane City
Pole Attachment Agreement

7

Capacity at any time following the installation of Licensee’s Attachment if
required for City’s future City service. If reclaimed for City’s use, City may at
such time also install associated facilities, including the attachment of
communications lines for internal City operational or governmental
communications requirements. City shall give Licensee the option to remove
its Attachment’s from the affected Pole(s) or to pay for the cost of any MakeReady Work needed to expand Capacity for City Service requirements, so
that the licensee can maintain its Attachment on the affected Pole(s). The
allocation of the cost of any such Make-Ready Work (including the transfer,
rearrangement, or relocation of third party Attachments) shall be determined
in accordance with Article 9. Licensee shall not be required to bear any of the
costs of rearranging or replacing its Attachment(s), if such rearrangement or
replacement is required as a result of an additional attachment or the
modification of an existing attachment sought by any other entity.
2.5.
No Interest in Property. No use, however lengthy, of any City Facilities and
no payment of any fees or charges required under this Agreement, shall
create or vest Licensee any easement or other ownership or property right of
any nature in any portion of such Facilities. Neither the Agreement, nor any
Permit granted under this Agreement, shall constitute an assignment of any
of City’s rights to City Facilities. Notwithstanding anything in the Agreement
to the contrary, Licensee shall, at all times, be and remain a Licensee only.
2.6.
Licensee’s Right to Attach. Nothing in this Agreement, other than a Permit
issued pursuant to Article 6, shall be construed as granting Licensee any
right to attach Licensee’s Communications Facilities to any specific Pole or
within any specific portion of the Conduit System.
2.7.
City’s Rights over Poles. The parties agree that this Agreement does not in
any way limit City’s right to locate, operate, maintain, or remove its Poles in
the manner that will best enable it to fulfill its service requirements or to
comply with any federal, state, or local legal requirement.
2.8.
Other Agreements. Except as expressly provided in this Agreement, nothing
in this Agreement shall limit, restrict, or prohibit City from fulfilling or
enforcing any agreement or arrangement regarding its Poles into which City
has previously entered, or may enter in the future, with others not party to
this Agreement.
2.9.
Permitted Use. This Agreement is limited to the uses specifically stated in
the recitals set forth above and no other use shall be allowed without City’s
express written consent to such use. Nothing in this Agreement shall be
construed to require City to allow Licensee to use City’s Poles after the
termination of this Agreement.
2.10.
Overlashing. The following provisions apply to Overlashing:
2.10.1.
Licensee shall obtain a Permit for each Overlashing, in accordance with
the requirements of Article 6. Absent such authorization, Overlashing
constitutes an unauthorized Attachment and is subject to removal or, at
Hurricane City
Pole Attachment Agreement

8

City’s discretion, imposition of an Unauthorized Attachment fee, as
specified in Appendix A, Item 5.
2.10.2.
Licensee or Licensee’s Affiliate shall, however, be responsible for all
Make-Ready Work and other charges associated with the Overlashing.
2.10.3.
Make-Ready Work procedures set forth in Article 7 shall apply, as
necessary, to all Overlashing.
2.11.
Enclosures. Enclosures of any kind and Overhead Storage shall not be
attached to City Poles or lashed/clipped to Attachments of City Poles.
Existing Enclosures and Overhead Storage may remain on and connected to
City Poles, but will be subject to charges specified in Appendix A. All
enclosures and Storage must be installed underground with a permitted
Riser. Licensee shall not place Pedestals, Vaults, and/or other Enclosures
within five (5) feet of any Pole or two and one half (2.5) feet from other City
Facilities without City’s prior written permission. If permission is granted, all
such installations shall be per the Specifications in Appendix D of this
Agreement. Furthermore, Licensee agrees to move any such above-ground
enclosures in order to provide sufficient space for City to set a replacement
Pole. All Licensee’s Pedestals, Vaults, and Enclosures shall be labeled and
marked with Licensee’s company name. All conduit installations shall
terminate inside a company identified Pedestal, Vault or Enclosure.
2.12.
Vegetation Management. Licensee shall be responsible for all vegetation
management next to all overhead and underground lines and facilities owned
by Licensee.

ARTICLE 3 – FEES AND CHARGES
3.1.

3.2.

3.3.

Payment of Fees and Charges. Licensee shall pay to City the fees and
charges specified in Appendix A and shall comply with the terms and
conditions specified in this Agreement.
Payment Period. Unless otherwise expressly provided, Licensee shall pay
any invoice it receives from City pursuant to this Agreement within thirty (30)
calendar days after City issues the invoice.
Billing of Attachment Fee. City shall invoice Licensee for the per-pole
Attachment Fee annually. City will submit to the Licensee an invoice for the
annual rental period not later than March 1st of each year. The initial annual
rental period shall commence upon the execution of this Agreement and
conclude on March 1st of the next year, and each subsequent annual rental
period shall commence on the following March 1st and conclude on March 1st
of the subsequent year. The invoice shall set forth the total number of City’s

Hurricane City
Pole Attachment Agreement

9

3.4.

3.5.

3.6.

3.7.

3.8.

Poles on/in which Licensee was issued and/or holds Permit(s) for
Attachments during such annual rental period, including any previously
authorized and valid Permits.
Refunds. No fees and charges specified in Appendix A shall be refunded on
account of any surrender of a Permit granted under this Agreement. Nor shall
any refund be owed if a Pole is not used or abandoned by the City.
Late Charge. If City does not receive payment for any fee or other amount
owed within thirty (30) calendar days after it becomes due, Licensee shall
pay interest to City at the rate of eighteen (18%) per month on the amount
due.
Payment for Work. At its sole discretion, City may require that Licensee pay
in advance all reasonable cots, including, but not limited to, administrative,
construction, inspections, and Make-Ready Work expenses, in connection
with the initial installation or rearrangement of Licensee’s Communications
Facilities pursuant to the procedures set forth in Articles 6 and 7 below.
True-Up. Whenever City, in its discretion, requires advance payment of
estimated expenses prior to undertaking an activity on behalf of Licensee
and the actual cost of the activity exceeds the advance payment of
estimated expenses, Licensee agrees to pay City for the difference in cost,
provided that City documents such costs with sufficient detail to enable
Licensee to verify the charges. To the extent that City’s actual cost of the
activity is less than the estimated cost, City shall refund to Licensee the
difference in cost.
Determination of Charges. Wherever this Agreement requires the Licensee
to pay for work done or contracted by the City, the charge for such work shall
include all reasonable material, labor, engineering, administrative, and
applicable overhead costs. City shall bill its services based upon actual
costs, and such costs will be determined in accordance with City’s cost
accounting systems used for recording capital and expense activities. All
such invoices shall include an itemization of dates of work, location of work,
labor costs per hour, persons employed, and costs of materials used. Labor
costs shall be the greater of the fully loaded costs of municipal labor or the
current “union scale” for comparable work in the region. If Licensee was
required to perform work and fails to perform such work, necessitating
completion of the work by City, City may either charge an additional ten
percent (10%) of its costs or assess the penalty specified in Appendix A.

Hurricane City
Pole Attachment Agreement

10

3.9.

3.10.

3.11.

Work Performed by City. Wherever this Agreement requires City to perform
any work, City, at its sole discretion, may utilize its employees or contractors,
or any combination of the two, to perform such work.
Default for Nonpayment. Nonpayment of any amount due under this
Agreement beyond sixty (60) days shall constitute a material default of this
Agreement.
Fee Updates by City. The fees and charges specified in Appendix A may be
updated from time to time by resolution of the Hurricane City Council. City
shall provide notice of any updated fees and charges to Licensee, and the
updated fees and charges shall be effective on the date(s) as set forth in the
resolution.

ARTICLE 4 – SPECIFICATIONS
4.1.

4.2.

4.3.

Installation/Maintenance of Communications Facilities. When a Permit is
issued pursuant to this Agreement, Licensee’s Communications Facilities
shall be installed and maintained in accordance with the requirements and
specifications of Appendix D. All of Licensee’s Communications Facilities
must comply with all Applicable Standards. Licensee shall be responsible for
the installation and maintenance of its Communications Facilities. Licensee
shall, at its own expense, make and maintain its Attachment(s) in safe
condition and good repair, in accordance with all Applicable Standards.
Notwithstanding anything in this Agreement to the contrary, Licensee shall
not be required to update or upgrade its Attachments if they met Applicable
Standards at the time they were made, unless such updates or upgrades are
required by any revised Applicable Standards.
Tagging. Licensee shall Tag all of its Communications Facilities as specified
in Appendices D and F and/or applicable federal, state, and local regulations
upon installation of such Facilities. Within one year of the execution of this
Agreement, Licensee shall also tag any untagged Communications Facilities
that were on all City Poles on the effective date of this Agreement. Failure to
provide proper tagging will be considered a violation of the Applicable
Standards.
Interference. Licensee shall not allow its Communications Facilities to
impair the ability of City or any third party to use City’s Poles, nor shall

Hurricane City
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11

4.4.

4.5.

4.6.

4.7.

Licensee allow its Communications Facilities to interfere with the operation
of any City Facilities or third-party facilities.
Protective Equipment. Licensee and its employees and contractors shall
utilize and install adequate protective equipment to ensure the safety of
people and facilities. Licensee shall, at its own expense, install protective
devices designed to handle the electric voltage and current carried by City’s
facilities in the event of a contact with such facilities. Except as provided in
Paragraph 16.1, City shall not be liable for any actual or consequential
damages to Licensee’s Communications Facilities, Licensee’s customers’
facilities, or to any of Licensee’s employees, contractors, customers, or other
persons.
Violation of Specifications. If Licensee’s Communications Facilities, or any
part of them, are installed, used, or maintained in violation of this
Agreement, and Licensee has not corrected the violation(s) within thirty (30)
calendar days from receipt of written notice of the violation(s) from City, City,
at its option, may correct such conditions. City will attempt to notify
Licensee in writing prior to performing such work whenever practicable.
When City believes, however, that such violation(s) pose an immediate threat
to the safety of any person, interfere with the performance of City’s service
obligations, or present an immediate threat to the physical integrity of City
Facilities, City may perform such work and/or take such action as it deems
necessary without first giving written notice to Licensee. As soon as
practicable afterward, City will advise Licensee of the work performed or the
action taken. Licensee shall be responsible for all actual and reasonable
costs incurred by City in taking action pursuant to this Paragraph, and
Licensee shall indemnify City against any and all liability, costs, and
expenses, including reasonable attorneys and expert fees, arising out of or
relating to any such work.
Restoration of City Service. City’s service restoration requirements shall
take precedence over any and all work operations on Licensee on City’s
Poles.
Effect of Failure to Exercise Access Rights. If Licensee does not exercise
any access right granted pursuant to this Agreement and/or applicable
Permit(s) within ninety (90) calendar days of the effective date of such right
and any extension to such Permit(s), City may, but shall have no obligation to,
use the space scheduled for Licensee’s Attachment(s) for its own needs or
make the space available to other Attaching Entities. In such instances, City

Hurricane City
Pole Attachment Agreement

12

4.8.

shall endeavor to make other space available to Licensee, upon written
application under Article 6, as soon as reasonably possible and subject to all
requirements of this Agreement, including the Make-Ready Work provisions.
If City uses the space for its own needs or makes them available to other
parties, then from the date that City or a third party begins to use such space,
Licensee may obtain a refund on the portion of any Attachment Fees that it
has paid in advance for that space. For purposes of this paragraph,
Licensee’s access rights shall not be deemed effective until any necessary
Make-Ready Work has been performed.
Removal of Nonfunctional Attachments. At its sole expense, Licensee
shall remove any of its Attachments or any part thereof that becomes
nonfunctional, unused, and/or is no longer fit for service (Nonfunctional
Attachment) as provided in this Paragraph 4.8. A Nonfunctional Attachment
that Licensee has failed to remove as required in this paragraph shall
constitute an unauthorized Attachment and is subject to the Unauthorized
Attachment fee specified in Appendix A, Item 6. Except as otherwise
provided in this Agreement, Licensee shall remove Nonfunctional
Attachments within one (1) year of the Attachment becoming nonfunctional,
unless Licensee receives written notice from City that removal is necessary
to accommodate City’s or another Attaching Entity’s use of the affected
Pole(s), in which case Licensee shall remove the Nonfunctional Attachment
within sixty (60) days of receiving the notice.

ARTICLE 5 – PRIVATE AND REGULATORY
COMPLIANCE
5.1.

Necessary Authorizations. Before Licensee occupies any of City’s Poles,
Licensee shall obtain from the appropriate public or private authority, or from
any property owner or other appropriate person, any required authorization
to construct, operate, or maintain its Communications Facilities on public or
private property. City retains the right to require evidence that appropriate
authorization has been obtained before any Permit is issued to Licensee.
Licensee’s obligations under this Article 5 include, but are not limited to, its
obligation to obtain and pay for all necessary approvals to occupy
public/private rights-of-way and easements and all necessary licenses and
authorizations to provide the services that it provides over its

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5.2.

5.3.

5.4.

Communications Facilities. Licensee shall defend, indemnify, and reimburse
City for all losses, costs, and expenses, including reasonable attorney’s fees,
that City may incur as a result of claims by governmental bodies, owners of
private property, or other person, that Licensee does not have sufficient
rights or authority to attach Licensee’s Communications Facilities on City’s
Poles or to provide particular services.
Lawful Purpose and Use. Licensee’s Communications Facilities must at all
times serve a lawful purpose, and the use of such Facilities must comply
with all applicable federal, state, and local laws.
Forfeiture of City’s Rights. No Permit granted under this Agreement shall
extend, or be deemed to extend, to any of City’s Poles, to the extent that
Licensee’s Attachment would result in a forfeiture of City’s rights. Any Permit
that would result in forfeiture of City’s rights shall be deemed invalid as of the
date that City granted it. Further, if any of Licensee’s existing
Communications Facilities, whether installed pursuant to a valid Permit or
not, would cause such forfeiture, Licensee shall promptly remove its
Facilities upon receipt of written notice from City. If Licensee does not
remove its Communications Facilities in question within thirty (30) days of
receiving written notice from City, City may at its option perform such
removal at Licensee’s expense. Notwithstanding the foregoing, Licensee
shall have the right to contest any such forfeiture before any of its rights are
terminated, provided that Licensee shall indemnify City for liability, costs,
and expenses, including reasonable attorney’s fees, that may accrue during
Licensee’s challenge.
Effect of Consent to Construction/Maintenance. Consent by City to the
construction or maintenance of any Attachments by Licensee shall not be
deemed consent, authorization, or acknowledgement that Licensee has
obtained all required Authorizations with respect to such Attachment.

ARTICLE 6 – PERMIT APPLICATION PROCEDURES
6.1.

Permit Required. Licensee shall not make any Attachments to any of City’s
Poles without first applying for and obtaining a Permit pursuant to the
applicable requirements of Appendix B. Unless updates or upgrades are
required by Applicable Standards, or unless City notifies Licensee to the
contrary, Licensee shall not be required to obtain Permits for Attachment(s)

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existing as of the effective date of this Agreement. Such grandfathered
Attachments shall, however, be subject to the Attachment Fees specified in
Appendix A. Licensee shall provide City a list of all such pre-existing
Attachments within six (6) months of the effective date of this Agreement.
6.2.
Permits for Overlashing. As set out in Paragraph 2.10, Permits are required
for any Overlashing allowed under this Agreement and Licensee, Licensee’s
Affiliate or other third party, as applicable, shall pay any necessary MakeReady Work costs to accommodate such Overlashing.
6.3.
Professional Certification. Unless otherwise waived in writing by City, as
part of the Permit application process and at Licensee’s sole expense, a
qualified and experienced professional engineer, or an employee or
contractor of Licensee who has been approved by City, must participate in
the Pre-Construction Survey, conduct the Post-Construction Inspection, and
certify that Licensee’s Communications Facilities can be and were installed
on the identified Poles in compliance with the standards in Paragraph 4.1 and
in accordance with the Permit. The professional engineer’s qualifications
must include experience performing such work, or substantially similar work,
on electric transmission or distribution systems. City may require the
Licensee’s professional engineer to conduct a post-construction inspection
that City will verify by means that it deems to be reasonable. City, at its
discretion, may waive the requirements of this Paragraph 6.3, for any
individual Permit and for service drops.
6.4.
City Review of Permit Application. Upon receipt of a properly executed
Application for Permit (Appendix C), which shall include the PreConstruction Survey, certified per Paragraph 6.3 above, and detailed plans
for the proposed Attachments in the form specified in Appendix E, City will
review the Permit Application and discuss any issues with Licensee,
including engineering or Make-Ready Work requirements associated with the
Permit Application. City acceptance of the submitted design documents
does not relieve Licensee of full responsibility for any errors and/or omissions
in the engineering analysis. Unless otherwise agreed, the Permit application
process shall be consistent with the following timeline:
6.4.1.
Review Period. City shall review and respond to properly executed and
complete Permit Applications for routine installations as promptly as is
reasonable with a goal of providing a response during normal
circumstances of within sixty (60) days of receipt. City may require
additional time to review, and Licensee may incur additional costs for
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the review. The City reserves the right to have a third-party review
applications. All costs associated with a third-party review will be paid
by the Licensee. City’s response will either provide a written explanation
as to why the Application for Pole Attachment Permit is being denied, in
whole or in part, or upon request provide an estimate of the costs of all
necessary Make-Ready Work
6.4.2.
Upon receipt of City’s Make-Ready estimate, Licensee shall have thirty
(30) days to approve the estimate and provide payment in accordance
with this Agreement and the specifications of the estimate.
6.4.3.
City will complete routine Make-Ready Work within one hundred twenty
(120) days of receipt of payment. If there are extenuating circumstances
that make the necessary Make-Ready more complicated or timeconsuming, including, but not limited to, the number of Poles, seasonal
weather conditions or supply chain issues, City shall identify those
factors in the Make-Ready estimate and the parties shall agree upon a
reasonable timeframe for completion.
6.4.4.
Attachments of wireless Communications Facilities located above the
electric space are prohibited.
6.4.5.
City may toll the time period for completion of Make-Ready Work by
written notice in order to respond to severe storms, natural disasters, or
other emergency situations.
6.5.
Permit as Authorization to Attach. Upon completion of any necessary
Make-Ready Work, receipt of payment for such work, and inspection, City
will sign and return the Permit Application, which shall serve as authorization
for Licensee to make its Attachment(s).

ARTICLE 7 – MAKE-READY WORK/INSTALLATION
7.1.

7.2.

Estimate for Make-Ready Work. If the City determines that it can
accommodate Licensee’s request for Attachment(s), including Overlashing
of an existing Attachment, it will, upon request, advise Licensee of any
estimated Make-Ready Work charges necessary to accommodate the
Attachment.
Payment of Make-Ready Work. Upon completion of the Make-Ready Work,
City shall invoice Licensee for City’s actual cost of such Make-Ready Work.
Alternatively, City, at its discretion, may require payment in advance for

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Make-Ready Work based upon the estimated cost of such work. In such
case, upon completion, Licensee shall pay City’s actual cost of Make-Ready
Work. The costs of the work shall be itemized in accordance with Paragraph
3.6 and trued up in accordance with Paragraph 3.7.
7.3.
Who may Perform Make-Ready Work. Make-Ready Work shall be
performed only by City and/or a contractor authorized by City to perform
such work. If City cannot perform the Make-Ready Work to accommodate
Licensee’s Communications Facilities within one hundred twenty (120)
calendar days of Licensee’s agreement to Make-Ready Work estimate,
Licensee may request the ability to use a qualified contractor to perform
such work and shall specify when such work would be performed. In all
instances, qualified contractors, if allowed, must be pre-approved by the City
for such work on an annual basis. Authorization to use a qualified contractor
will be at the City’s sole discretion.
7.4.
Scheduling of Make-Ready Work. In performing all Make-Ready Work to
accommodate Licensee’s Communications Facilities, City will endeavor to
include such work in its normal work schedule. If Licensee requests that the
Make-Ready Work be performed on a priority basis or outside of City’s
normal work hours, Licensee will pay any resulting increased costs. Nothing
in this Agreement shall be construed to require City to perform Licensee’s
work before other scheduled work or City service restoration.
7.5.
Notification of Make-Ready Work. Before starting Make-Ready Work, City
shall notify all Attaching Entities of the date and location of the scheduled
work and shall afford all such entities an opportunity to make any
modifications to their existing Attachments in connection with the MakeReady Work.
7.6.
Written Approval of Installation Plans Required. Before making any
Attachments to City’s Poles, including Overlashing of existing Attachments,
Licensee must obtain City’s written approval of detailed plans for the
Attachments. Such detailed plans shall accompany a Permit application as
required under Paragraph 6.4.
7.7.
Licensee’s Installation/Removal/Maintenance Work.
7.7.1.
All of Licensee’s installation, removal, and maintenance work, by either
Licensee’s employees or authorized contractors, shall be performed at
Licensee’s sole cost and expense, in a good and workmanlike manner,
and must not adversely affect the structural integrity of City’s Poles.

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7.7.2.

All of Licensee’s installation, removal, and maintenance work, either by
its employees or authorized contractors, shall comply with all
applicable regulations specified in Paragraph 4.1. Licensee shall ensure
that any person installing, maintaining, or removing its Communications
Facilities is fully qualified and familiar with all Applicable Standards, the
provisions of Article 17, and the Minimum Design Specifications
contained in Appendix D.

ARTICLE 8 – TRANSFERS
8.1.

8.2.

Required Transfers of Licensee’s Communications Facilities. If City
reasonably determines that a transfer of Licensee’s Communications
Facilities is necessary, require Licensee to perform such transfer at
Licensee’s expense within ninety (90) calendar days after receiving notice
from City. If Licensee fails to transfer its Facilities within ninety (90) calendar
days after receiving such notice from City, City shall have the right to transfer
Licensee’s Facilities using its personnel and/or contractors. The costs of
such transfers shall be as specified under Article 9. City shall not be liable for
damage to Licensee’s Facilities except to the extent provided in Paragraph
16.1. The written advance notification requirement of this Paragraph shall not
apply in emergency situations. In emergency situations, City shall provide
such advance notice as is practical, given the urgency of the particular
situation. City shall then provide written notice of any such actions taken
within ten (10) days following the occurrence. Irrespective of who owns
Facilities that are Overlashed on to Licensee’s Attachments, Licensee is
responsible for the transfer of such Facilities and the costs of doing so.
Temporary Transfers. City will notify Licensee of any temporary transfers of
Licensee’s communication facilities if pole replacement or any other
overhead City work is required. Licensee will take full responsibility for work
and the safety of the public until the transfer has been completed.

ARTICLE 9 – MODIFICATION AND/OR REPLACEMENTS
9.1.

Licensee’s Action Requiring Modification/Replacement. If any Pole to
which Licensee desires to make Attachment(s) is unable to support or

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accommodate the additional facilities in accordance with all Applicable
Standards, City will notify Licensee of the necessary Make-Ready Work, and
associated costs, to provide adequate Pole space, including, but not limited
to, replacement of the Pole and/or rearrangement or transfer of City’s
Facilities, as well as the facilities of other Attaching Entities. Licensee shall
be responsible for separately entering into an agreement with other Attaching
Entities concerning the allocation of costs for the relocation or
rearrangement of such entities existing Attachments. If Licensee elects to go
forward with the necessary changes, Licensee shall pay to City the actual
cost of the Make-Ready Work, performed by City, in accordance with
Paragraph 3.6. City, in its discretion, may require advance payment. Licensee
shall also be responsible for obtaining, and furnishing to City before the
commencement of any Make-Ready Work, agreements between Licensee
and the other Attaching Entities (including Overlashers) concerning the
relocation or rearrangement of their Attachments and the costs involved.
9.2.
Treatment of Multiple Requests for Same Pole. If City receives Permit
Applications for the same Pole from two or more prospective Licensees
within sixty (60) calendar days of the initial request, and accommodating
their respective requests would require modification of the Pole or
replacement of the Pole, City will allocate among such Licensees the
applicable costs associated with such modification or replacement.
9.3.
Guying. The use of guying to accommodate Licensee’s Attachments shall be
provided by, and at the expense of, Licensee and to the satisfaction of City,
as specified in Appendix D. Licensee shall not attach its guy wires to City’s
anchors without prior written permission of City. If permission is granted,
charges may apply. All new guy anchors and hardware must be pre-approved
by the City and inspected after installation. Once this is completed, pole
attachments can begin.
9.4.
Allocation of Costs. The costs for any rearrangement or transfer of
Licensee’s Communications Facilities or the replacement of a Pole
(including any related costs for tree cutting or trimming required to clear the
new location of City’s cables or wires) shall be allocated to City and/or
Licensee and/or other Attaching Entity on the following basis:
9.4.1.
If the City intends to modify or replace a Pole solely for its own system
upgrade or maintenance requirements, it shall be responsible for the
costs related to the modification/replacement of the Pole. Licensee
shall be responsible for costs associated with the rearrangement or
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transfer of Licensee’s Communications Facilities to the new poles or
system configuration. Prior to making any such modification or
replacement, City shall provide Licensee written notification of its intent
in order to provide Licensee a reasonable opportunity to modify or add
to its existing Attachment. Should the Licensee decide to do so, it must
seek City’s written permission in accordance with this Agreement. If
Licensee elects to add to or modify its Communications Facilities,
Licensee shall pay its fair share of the costs incurred by City in making
the space on the Poles accessible to Licensee.
9.4.2.
If the modification or replacement of a Pole is necessitated by the
requirements of Licensee, Licensee shall be responsible for all costs
caused by the modification or replacement of the Pole as well as the
costs associated with the transfer or rearrangement of any other
Attaching Entity’s Communications Facilities. At the time Licensee
submits a Permit Application to City, Licensee shall submit evidence, in
writing, that it has made arrangements to reimburse all affected
Attaching Entities for their costs caused by the transfer or
rearrangement of their Facilities. City shall not be obligated in any way
to enforce or administer Licensee’s responsibility for the costs
associated with the transfer or rearrangement of another Attaching
Entity’s Facilities pursuant to this Paragraph 9.4.2.
9.4.3.
If the modification or the replacement of a Pole is the result of an
additional Attachment or the modification of an existing Attachment
sought by an Attaching Entity other than City or Licensee, the Attaching
Entity requesting the additional or modified Attachment shall bear the
entire cost of the modification or replacement, as well as the costs for
rearranging or transferring Licensee’s Communications Facilities.
Licensee shall cooperate with such third-party Attaching Entity to
determine the costs of moving Licensee’s facilities.
9.4.4.
If the Pole must be modified or replaced for reasons unrelated to the
use of the Pole by Attaching Entities (e.g., storm, accident,
deterioration), City shall pay the costs of such modification or
replacement and Licensee shall pay the costs of rearranging or
transferring its Communications Facilities.
9.5.
City Not Required to Relocate. Nothing in this Agreement shall be
construed to require City to relocate its Attachments or to modify or replace
its Poles for the benefit of Licensee.
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ARTICLE 10 – ABANDONMENT OR REMOVAL OF CITY
FACILTIES
10.1.

10.2.

Notice of Abandonment or Removal of City Facilities. If City desires at any
time to abandon, remove, or move underground any City Facilities to which
Licensee’s Communications Facilities are attached, it shall give Licensee
notice in writing to that effect at least sixty (60) calendar days prior to the
date on which it intends to abandon or remove such City’s Facilities. Notice
may be limited to thirty (30) calendar days if City is required to remove or
abandon its City Facilities as the result of the action of a third party and the
longer notice period is not practical. If, following the expiration of the 30-day
period, Licensee has not yet removed and/or transferred all of its
Communication Facilities and has not entered into an agreement to
purchase City’s Facilities, City shall have the right, but not the obligation to
remove Licensee’s Communications Facilities at Licensee’s expense. The
written advance notification requirement of this Paragraph shall not apply in
emergency situations. In emergency situations, City shall provide such
advance notice as is practical, given the urgency of the particular situation.
Underground Relocation. If City moves any portion of its aerial system
underground, Licensee shall remove its Communications Facilities from any
affected Poles within sixty (60) calendar days of receipt of notice from City
and must either relocate its affected Facilities underground with City or find
other means to accommodate its Facilities. If Licensee does not remove its
Attachments within sixty (60) days, City shall have the right to remove or
transfer Licensee’s Communications Facilities at Licensee’s expense.
Licensee’s failure to remove its Facilities as required under this Paragraph
10.2 shall subject Licensee to the penalty provisions of Appendix A, item 5.

ARTICLE 11 – REMOVAL OF LICENSEE’S FACILITIES
11.1.

Removal on Expiration/Termination. At the expiration or other termination
of this License Agreement or individual Permit(s), Licensee shall remove its
Communications Facilities from the affected Poles at its own expense. If
Licensee fails to remove such Facilities within sixty (60) calendar days of
expiration or termination or some greater period as allowed by City, City shall

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have the right, but not the obligation, to remove or transfer such Facilities at
Licensee’s expense.

ARTICLE 12 – TERMINATION OF PERMIT
12.1.

12.2.

Automatic Termination of Permit. Any Permit issued pursuant to this
Agreement shall automatically terminate when Licensee ceases to have
authority to construct and operate its Communications Facilities on public or
private property at the location of the particular Pole(s) covered by the
Permit.
Surrender of Permit. Licensee may at any time surrender any Permit for
Attachment(s) and remove its Communications Facilities from the affected
Pole(s), provided, however, that before commencing any such removal,
Licensee must obtain City’s written approval of Licensee’s plans for removal,
including the name of the person or entity performing such work and the
date(s) and time(s) during which such work will be completed. All such work
is subject to insurance requirements of Article 18. No refund of any fees or
costs will be made upon removal. If Licensee surrenders such Permit
pursuant to the provisions of this Article, but fails to remove its Attachments
from City’s Facilities within thirty (30) calendar days, City shall have the right,
but not the obligation, to remove or transfer Licensee’s Attachments at
Licensee’s expense.

ARTICLE 13 – INSPECTION OF LICENSEE’S FACILITIES
13.1.

13.2.

13.3.

Inspections. City may conduct an inventory and inspection of Attachments
at any time. Within thirty (30) calendar days of receiving written notice from
City, Licensee shall correct all Attachments that City identifies as being out
of compliance with Applicable Standards. If City finds that five percent (5%)
or more of Licensee’s Attachments are either in non-compliance or not
permitted, Licensee shall pay its pro rata share of the costs of the inspection.
Notice. City will give Licensee reasonable advance written notice of such
inspections, except in those instances in which safety considerations justify
the need for such inspection without delay.
No Liability. Inspections performed under this Article 13, or the failure to do
so, shall not operate to impose upon the City any liability of any kind

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13.4.

13.5.

whatsoever or to relieve the Licensee of any responsibility, obligations, or
liability, whether assumed under this Agreement or otherwise existing.
Attachment Records. Notwithstanding the above inspection provisions,
Licensee shall furnish to City annually an up-to-date electronic map
depicting the locations of its Attachments, in a format specified by City.
Pole Testing. Pole testing on City owned poles will only be performed by the
City. No other pole testing shall be performed by Licensee or Licensee’s
contracted testing company. City will provide individual pole testing results
upon Licensee’s request.

ARTICLE 14 – UNAUTHORIZED OCCUPANCY OR
ACCESS
14.1.

Penalty Fee. If any of Licensee’s Attachments are found occupying any Pole
for which no Permit has been issued, City, without prejudice to its other
rights or remedies under this Agreement, may assess an Unauthorized
Access Penalty Fee, as specified in Appendix A, Item 6. If Licensee fails to
pay such Fee within thirty (30) calendar days of receiving notification of it,
City shall have the right, but not the obligation, to remove such
Communications Facilities at Licensee’s expense.
To avoid penalty fees and removal, Licensee will be required to submit an
application for attachment, pay all application fees, and have all inspections
passed. Permit to attach may then be issued by the City if the application is
approved.

14.2.

No Ratification of Unauthorized Use. No act or failure to act by City with
regard to any unauthorized use shall be deemed as ratification of the
unauthorized use. Unless the parties agree otherwise, a Permit for a
previously unauthorized Attachment shall not operate retroactively or
constitute a waiver by City of any of its rights or privileges under this
Agreement or otherwise, and Licensee shall remain subject to all obligations
and liabilities arising out of or relating to its unauthorized use.

ARTICLE 15 – REPORTING REQUIREMENTS
At the time that Licensee pays its annual Attachment Fee, Licensee shall also provide the
following information to City, using the reporting form contained in Appendix G:
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15.1.
15.2.

15.3.

The Poles on which Licensee has installed, during the relevant reporting
period, Risers and service drops, for which no Permit was required.
All Attachments that have become nonfunctional during the relevant
reporting period. The report shall identify the Pole on which the
nonfunctional Attachment is located, describe the nonfunctional
equipment, and indicate the approximate date the Attachment became
nonfunctional.
Any equipment Licensee has removed from Poles during the relevant
reporting period. The report shall identify the Pole from which the equipment
was removed, describe the removed equipment, and indicate the
approximate date of removal. This requirement does not apply where
Licensee is surrendering a Permit pursuant to Paragraph 12.2.

ARTICLE 16 – LIABILITY AND INDEMNIFICATION
16.1.

16.2.

Liability. City reserves to itself the right to maintain and operate its Poles in
the manner that will best enable it to fulfill its service requirements. Licensee
agrees to use City’s Poles at Licensee’s sole risk. Subject to Paragraph 16.5,
City agrees to reimburse Licensee for all reasonable costs incurred by
Licensee for the physical repair of facilities damaged by the gross negligence
or willful misconduct of City; provided, however, that the aggregate liability of
City to Licensee, in any fiscal year, for any fines, penalties, claims, damages,
or costs, arising out of or relating in any way to Licensee’s service or
interference with the operation of Licensee’s Communications Facilities
(including special, indirect, punitive, or consequential damages) shall not
exceed the amount of the total Annual Attachment Fees paid by Licensee to
City for that year, as calculated based on the number of Attachments under
Permit at the time of occurrence, as set forth in Appendix A, Item 3.
Indemnification. Licensee, and any agent, contractor, or subcontractor of
Licensee, shall defend, indemnify, and hold harmless City and its officials,
officers, board members, council members, commissioners,
representatives, employees, agents, and contractors against any and all
liability, costs, damages, fines, taxes, special charges by others, penalties,
payments (including payments and death benefits), and expenses (including
reasonable attorney’s fees of City and all other costs and expenses of
litigation) ("Covered Claims") arising in any way, including any act, omission,
failure, negligence, or willful misconduct, in connection with the

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construction, maintenance, repair, presence, use, relocation, transfer,
removal, or operation by Licensee, or by Licensee’s officers, directors,
employees, agents, or contractors, of Licensee’s Communications Facilities,
except to the extent of City’s gross negligence or willful misconduct solely
giving rise to such Covered Claims. Such Covered Claims include, but are not
limited to, the following:
16.2.1.
Intellectual property infringement, libel and slander, trespass,
unauthorized use of television or radio broadcast programs and other
program material, and infringement of patents;
16.2.2.
Cost of work performed by City that was necessitated by Licensee’s
failure, or the failure of Licensee’s officers, directors, employees, agents
or contractors, to install, maintain, use, transfer, or remove Licensee’s
Communications Facilities in accordance with the requirements and
specifications of this Agreement, or from any other work this Agreement
authorizes City to perform on Licensee’s behalf;
16.2.3.
Damage to property, injury to or death of any person arising out of the
performance or nonperformance of any work of obligation undertaken
by Licensee, or Licensee’s officers, directors, employees, agents, or
contractors, pursuant to this Agreement;
16.2.4.
Liabilities incurred as a result of Licensee’s violation, or a violation by
Licensee’s officers, directors, employees, agents, or contractors, of any
law, rule, or regulation of the United States, any state, or any other
governmental entity or administrative agency.
16.3.
Procedure for Indemnification.
16.3.1.
City shall give prompt written notice to Licensee of any claim or
threatened claim, specifying the factual basis for such claim and the
amount of the claim. If the claim relates to an action, suit, or proceeding
filed by a third party against City, City shall give the notice to Licensee
no later than sixty (60) calendar days after City receives written notice of
the action, suit, or proceeding.
16.3.2.
City’s failure to give the required notice will not relieve Licensee from its
obligation to indemnify City unless, and only to the extent, that Licensee
is materially prejudiced by such failure.
16.3.3.
Licensee will have the right at any time, by notice to City, to participate
in or assume control of, the defense of the claim with counsel of its
choice, which counsel must be reasonably acceptable to City. City
agrees to cooperate fully with Licensee. If Licensee assumes control of
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16.4.

16.5.

16.6.

the defense of any third-party claim, City shall have the right to
participate in the defense at its own expense. If Licensee does not
assume control or otherwise participate in the defense of any thirdparty claim, Licensee shall be bound by the results obtained by City with
respect to the claim.
Environmental Hazards. Licensee represents and warrants that its use of
City’s Poles will not generate any Hazardous Substances, that it will not store
or dispose on or about City’s Poles or transport to City’s Poles any hazardous
substances and that Licensee’s Communications Facilities will not
constitute or contain and will not generate any hazardous substance in
violation of federal, state, or local law now or hereafter in the effect,
including any amendments. “Hazardous Substance” shall be interpreted
broadly to mean any substance or material designated or defined as
hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or
radioactive substance, dangerous radio frequency radiation, or other similar
terms by any federal, state, or local laws, regulations or rules now or
hereafter in effect, including any amendments. Licensee further represents
and warrants that in the event of breakage, leakage, incineration, or other
disaster, its Communications Facilities would not release any Hazardous
Substances. Licensee and its agents, contractors, and subcontractors shall
defend, indemnify, and hold harmless City and its respective officials,
officers, board members, council members, commissioners,
representatives, employees, agents, and contractors against any and all
liability, costs, damages, fines, taxes, special charges by others, penalties,
punitive damages, or expenses (including reasonable attorney’s fees and all
other costs and expenses of litigation) arising from or due to the release,
threatened release, storage, or discovery of any Hazardous Substances on,
under, or adjacent to City’s Poles attributable to Licensee’s use of City’s
Poles.
Municipal Liability Limits. No provision of this Agreement is intended, or
shall be construed, to be a waiver for any purpose by the City of any
applicable state limits on municipal liability or governmental immunity. No
indemnification provision contained in this Agreement under which Licensee
indemnifies City shall be construed in any way to limit any other
indemnification provision contained in this Agreement.
If City brings a successful action in a court of competent jurisdiction to
enforce this Agreement, Licensee shall pay City’s reasonable attorney’s fees.

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ARTICLE 17 – DUTIES, RESPONSIBILITIES, AND
EXCULPATION
17.1.

17.2.

17.3.

17.4.

Duty to Inspect. Licensee acknowledges and agrees that City does not
warrant the condition or safety of City’s Facilities, or the premises
surrounding the Facilities, and Licensee further acknowledges and agrees
that it has an obligation to inspect City’s Poles and/or premises surrounding
the Poles, prior to commencing any work on City’s Poles or entering the
premises surrounding such Poles.
Knowledge of Work Conditions. By executing this Agreement, Licensee
warrants that it has acquainted, or will fully acquaint, itself and its
employees and/or contractors and agents with the conditions relating to the
work that Licensee will undertake under this Agreement and that it fully
understands or will acquaint itself with the facilities, difficulties, and
restrictions attending the execution of such work.
DISCLAIMER. CITY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH
REGARD TO CITY’S POLES, ALL OF WHICH ARE HEREBY DISCLAIMED,
AND CITY MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES,
EXCEPT TO THE EXTENT EXPRESSLY AND UNAMBIGUOUSLY SET FORTH
IN THIS AGREEMENT. CITY EXPRESSLY DISCLAIMS ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
Duty of Competent Supervision and Performance. The parties further
understand and agree that, in the performance of work under this
Agreement, Licensee and its agents, employees, contractors, and
subcontractors will work near electrically energized lines, transformers, or
other City Facilities. The parties understand and intend that energy
generated, stored, or transported by City Facilities will not be interrupted
during the continuance of this Agreement, except in emergencies
endangering life or threatening grave personal injury or property. Licensee
shall ensure that its employees, agents, contractors, and subcontractors
have the necessary qualifications, skill, knowledge, training, and experience
to protect themselves, their fellow employees, agents, contractors, and
subcontractors; employees, agents, contractors, and subcontractors of City;
and the general public, from harm or injury while performing work permitted
or contemplated pursuant to this Agreement. In addition, Licensee shall
furnish its employees, agents, contractors, and subcontractors competent

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17.5.

17.6.

17.7.

supervision and sufficient and adequate tools and equipment for their work
to be performed in a safe manner. Licensee agrees that in emergency
situations in which it may be necessary to de-energize any part of City’s
equipment, Licensee shall ensure that work is suspended until the
equipment has been de-energized and that no such work is conducted
unless and until the equipment is made safe.
Requests to De-energize. If City de-energizes any equipment or line at
Licensee’s request and for its benefit and convenience in performing a
particular segment of any work, Licensee shall reimburse City in accordance
with Paragraph 3.8, for all costs and expenses that City incurs in complying
with Licensee’s request. Before City de-energizes any equipment or line, it
shall provide, upon request, an estimate of all costs and expenses to be
incurred in accommodating Licensee’s request.
Interruption of Service. If Licensee causes an interruption of service by
damaging or interfering with any equipment of City, Licensee shall, at its own
expense, immediately do all things reasonable to avoid injury or damages,
direct and incidental, resulting therefrom and shall notify City immediately.
Duty to Inform. Licensee further warrants that it understands the imminent
dangers (INCLUDING SERIOUS BODILY INJURY OR DEATH FROM
ELECTROCUTION) inherent in the work necessary to make installations on
City’s Poles by Licensee’s employees, agents, contractors, or
subcontractors, and Licensee accepts the duty and sole responsibility to
notify and inform Licensee’s employees, agents, contractors, or
subcontractors of such dangers, and to keep them informed regarding same.

ARTICLE 18 – INSURANCE
18.1.

Policies Required. At all times during the term of this Agreement, Licensee
shall keep in force and effect all insurance policies as described below:
18.1.1.
Workers Compensation and Employers’ Liability Insurance.
Statutory workers’ compensation benefits and employers’ liability
insurance with a limit of liability no less than that required by Utah law
at the time of the application of this provision for each accident. This
policy shall be endorsed to include a waiver of subrogation in favor of
the City. Licensee shall require subcontractors and others not protected
under its insurance to obtain and maintain such insurance.

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18.1.2.

Commercial General Liability Insurance. Policy will be written to
provide coverage for, but not limited to, the following: premises and
operations, products and completed operations, personal injury,
blanket contractual coverage, broad form property damage,
independent contractor’s coverage with Limits of liability not less than
$2,000,000 general aggregate, $2,000,000 products/completed
operations aggregate, $2,000,000 personal injury, $2,000,000 each
occurrence.
18.1.3.
Automobile Liability Insurance. Business automobile policy covering
all owned, hired and non-owned private passenger autos and
commercial vehicles. Limits of liability not less than $1,000,000 each
occurrence, $1,000,000 aggregate.
18.1.4.
Umbrella Liability Insurance. Coverage is to be in excess of the sum
employers’ liability, commercial general liability, and automobile liability
insurance required above. Limits of liability not less than $4,000,000
each occurrence, $4,000,000 aggregate.
18.1.5.
Property Insurance. Each party will be responsible for maintaining
property insurance on its own facilities, buildings, and other
improvements, including all equipment, fixtures, and City structures,
fencing, or support systems that may be placed on, within, or around
City Facilities to protect fully against hazards of fire, vandalism and
malicious mischief, and such other perils as are covered by policies of
insurance commonly referred to and known as extended coverage
insurance or self-insure such exposures.
18.2.
Qualification; Priority; Contractors’ Coverage. The insurer must be
authorized to do business under the laws of the state of Utah and have an “A”
or better rating in Best’s Guide. Such insurance will be primary. All
contractors and all of their subcontractors who perform work on behalf of
Licensee shall carry, in full force and effect, workers’ compensation and
employers’ liability, comprehensive general liability, and automobile liability
insurance coverages of the type that Licensee is required to obtain under this
Article 18 with the same limits.
18.3.
Certificate of Insurance; Other Requirements. Prior to the execution of this
Agreement and prior to each insurance policy expiration date during the term
of this Agreement, Licensee will furnish City with a certificate of insurance
(Certificate) and, upon request, certified copies of the required insurance
policies. The Certificate shall reference this Agreement and workers’
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compensation and property insurance waivers of subrogation required by
this Agreement. City shall be given thirty (30) calendar days advance notice
of cancellation or nonrenewal of insurance during the term of this
Agreement. City, its council members, board members, commissioners,
agencies, officers, officials, employees and representatives (collectively,
“Additional Insureds”) shall be named as Additional Insureds under all of the
policies, except workers’ compensation, which shall be so stated on the
Certificate of Insurance. All policies, other than workers’ compensation, shall
be written on an occurrence and not on a claims-made basis.

18.4.

18.5.

All policies may be written with deductibles, not to exceed $100,000, or such
greater amount as expressly allowed in writing by the City. Licensee shall
defend, indemnify and hold harmless City and Additional Insureds from and
against payment of any deductible and payment of any premium on any
policy required under this Article. Licensee shall obtain Certificates from its
agents, contractors, and their subcontractors and provide a copy of such
Certificates to City upon requests.
Limits. The limits of liability set out in this Article 18 may be increased or
decreased by mutual consent of the parties, which consent will not be
unreasonably withheld by either party, in the event of any factors or
occurrences, including substantial increases in the level of jury verdicts or
judgments or the passage of state, federal, or other governmental
compensation plans, or laws that would materially increase or decrease
Licensee’s exposure to risk.
Prohibited Exclusions. No policies of insurance required to be obtained by
Licensee or its contractors or subcontractors shall contain provisions that:
(1) exclude coverage of liability assumed by this Agreement with City except
as to infringement of patents or copyrights or for libel and slander in program
material, (2) exclude coverage of liability arising from excavating, collapse, or
underground work, (3) exclude coverage for injuries to City’s employees or
agents, or (4) exclude coverage of liability for injuries or damages caused by
Licensee’s contractors or the contractors’ employees, or agents. This list of
prohibited provisions shall not be interpreted as exclusive.

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ARTICLE 19 – AUTHORIZATION NOT EXCLUSIVE
City shall have the right to grant, renew, and extend rights and privileges to others not party
to this Agreement by contract or otherwise, to use City Facilities covered by this
Agreement. Such rights shall not interfere with the rights granted to Licensee by the
specific Permits issued pursuant to this Agreement.

ARTICLE 20 – ASSIGNMENT
20.1.

20.2.

20.3.

Limitations on Assignment. Licensee shall not assign its rights or
obligations under this Agreement, nor any part of such rights or obligations,
without the prior written consent of City, which consent shall not be
unreasonably withheld.
Obligations of Assignee/Transferee and Licensee. No assignment or
transfer under this Article 20 shall be allowed until the assignee or transferee
becomes a signatory to this Agreement and assumes all obligations of
Licensee arising under this Agreement. Licensee shall furnish City with prior
written notice of the transfer or assignment, together with the name and
address of the transferee or assignee. Notwithstanding any assignment or
transfer, Licensee shall remain fully liable under this Agreement and shall not
be released from performing any of the terms, covenants, or conditions of
this Agreement without the express written consent to the release of
Licensee by City.
Sub-licensing. Without City’s prior written consent, Licensee shall not
sub-license or lease to any third party, including but not limited to, allowing
third parties to place Attachments on City’s Facilities, including Overlashing,
or to place Attachments for the benefit of such third parties on City’s Poles.
Any such action shall constitute a material breach of this Agreement. The
use of Licensee’s Communications Facilities by third parties (including but
not limited to leases of dark fiber) that involves no additional Attachment or
Overlashing is not subject to this Paragraph 20.3.

ARTICLE 21 – FAILURE TO ENFORCE
Failure of City or Licensee to take action to enforce compliance with any of the terms or
conditions of this Agreement or to give notice or declare this Agreement or any
authorization granted hereunder terminated shall not constitute a waiver or relinquishment
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of any term or condition of this Agreement, but the same shall be and remain at all times in
full force and effect until terminated, in accordance with this Agreement.

ARTICLE 22 – ISSUE RESOLUTION PROCESS
22.1.

22.2.

22.3.

22.4.

22.5.

22.6.

Dispute Resolution. Except for an action seeking a temporary restraining
order or an injunction or to compel compliance with this dispute resolution
procedure, the parties can invoke the dispute resolution procedures in this
Article at any time to resolve a controversy, claim, or breach arising under
this Agreement. Each party will bear its own costs for dispute resolution
activity.
Initial Meeting. At either party’s written request, each party will designate
knowledgeable, responsible, senior representatives to meet and negotiate in
good faith to resolve a dispute. The representatives will have discretion to
decide the format, frequency, duration, and conclusion of these discussions.
The parties will conduct any meeting in-person or via conference call, as
reasonably appropriate.
Executive Meeting. If ninety (90) days after the first in-person meeting of the
senior representatives, the parties have not resolved the dispute to their
mutual satisfaction, each party will designate executive representatives at
the director level or above to meet and negotiate in good faith to resolve the
dispute. To facilitate the negotiations, the parties may agree in writing to use
mediation or another alternative dispute resolution procedure.
Unresolved Dispute. If after sixty (60) days from the first executive-level, inperson meeting, the parties have not resolved the dispute to their mutual
satisfaction; either party may invoke any legal means available to resolve the
dispute, including enforcement of the default and termination procedures
set out in Article 23.
Confidential Settlement. Unless the parties otherwise agree in writing,
communication between the parties under this Article will be treated as
confidential information developed for settlement purposes, exempt from
discovery and inadmissible in litigation.
Business as Usual. During any dispute resolution procedure or lawsuit, the
Utilities will continue providing services to each other and performing their
obligations under this Agreement.

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ARTICLE 23 – TERMINATION OF AGREEMENT
23.1.

City shall have the right, pursuant to the procedures set out in this Article 23,
to terminate this entire Agreement, or any Permit issued under it, whenever
Licensee is in default of any material term or condition of this Agreement,
including, but not limited to, the following circumstances:
23.1.1.
Construction, operation, or maintenance of Licensee’s
Communications Facilities in violation of law, or in aid of any unlawful
act or undertaking; or
23.1.2.
Construction, operation, or maintenance of Licensee’s
Communications Facilities after any authorization required of Licensee
has lawfully been denied or revoked by any governmental authority or
any private holder of easements or other rights, or violation of any other
agreement with City; or
23.1.3.
Construction, operation, or maintenance of Licensee’s
Communications Facilities without the insurance coverage required
under Article 18.
23.2.
City will notify the Licensee in writing of any defaults by Licensee under this
Agreement. Licensee shall take immediate corrective action to eliminate any
such defaults within fifteen (15) calendar days, or such longer period as the
parties may agree, and shall confirm in writing to City that the cited condition
or conditions have ceased or been corrected, or are in the process of being
corrected.
23.3.
If Licensee contests the existence of the default, it may invoke the dispute
resolution procedures of Article 22.
23.4.
If the parties are unable to resolve the dispute and Licensee fails to
discontinue or correct a default in a timely manner or fails to give the
required confirmation, City may immediately terminate this Agreement or
any Permit(s) granted under it. In the event of termination of this Agreement
or any of Licensee’s rights, privileges, or authorizations, City may seek
removal of Licensee’s Communications Facilities pursuant to the terms of
Article 11, from any or all of City’s Poles. In such instance, Licensee shall
remain liable to City for all fees and charges accrued pursuant to the terms of
this Agreement.

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ARTICLE 24 – TERM OF AGREEMENT
24.1.

24.2.

This Agreement shall become effective upon its execution and, if not
terminated in accordance with other provisions of this Agreement, shall
continue in effect for a term of five (5) years and, unless terminated by either
party, shall automatically be renewed for two additional five-(5) year terms.
Either party may terminate this Agreement at the end of the initial term or a
successor term by giving written notice of intent to terminate the Agreement
at the end of the then-current term. Such a notice must be given at least
ninety (90) calendar days prior to the end of the then-current term.
Even after the termination of this Agreement, Licensee’s indemnity
obligations shall continue with respect to any claims or demands related to
Licensee’s Communications Facilities, as provided for in Article 16.

ARTICLE 25 – AMENDING AGREEMENT
This Agreement shall not be amended, changed, or altered except in writing and with
approval by authorized representatives of both parties.

ARTICLE 26 – NOTICES
26.1.

Wherever in this Agreement notice is required to be given by either party to
the other, such notice shall be in writing and shall be in effect when
personally delivered to, or when mailed by certified mail with return receipt
requested, with postage prepaid, and except where specifically provided for
elsewhere, properly addressed as follows:
If to City, at: Hurricane City - Attorney
147 North 870 West
Hurricane, UT 84737
If to Licensee, at: ________________________
_________________________
_________________________

26.2.

The above, notwithstanding, the parties may agree to utilize electronic
communications, such as email, for notifications related to the Permit’s
application, approval process, necessary transfer and/or pole modifications.

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26.3.

Licensee shall maintain a staffed, 24-hour emergency, telephone number,
not available to the general public, where City can contact Licensee to report
damage to Licensee’s facilities or other situations requiring immediate
communications between the parties. Such contact person shall be
qualified and able to respond to City’s concerns and requests. Failure to
maintain an emergency contact shall subject Licensee to a penalty of $100
per incident, and shall eliminate City’s liability to Licensee for any actions
that City deems reasonably necessary given the specific circumstances.

ARTICLE 27 – ENTIRE AGREEMENT
This Agreement and its appendices constitute the entire agreement between the parties
concerning attachments of Licensee’s Communications Facilities on City’s Poles or within
the geographical service area covered by this Agreement. Unless otherwise expressly
stated in this Agreement, all previous agreements, whether written or oral, between City
and Licensee are superseded and of no further effect.

ARTICLE 28 – SEVERABILITY
If any provision or portion thereof of this Agreement is, or becomes, invalid under any
applicable statute or rule of law, and such invalidity does not materially alter the essence
of this Agreement to either party, such provision shall not render unenforceable this entire
Agreement. Rather, the parties intend that the remaining provisions shall be administered
as if the Agreement did not include the invalid provision.

ARTICLE 29 – GOVERNING LAW
All matters relating to this Agreement shall be governed by the laws (without reference to
choice of law) of the state of Utah.

ARTICLE 30 – INCORPORATION OF RECITALS AND
APPENDICIES
The recitals stated above and all appendices to this Agreement are incorporated into and
constitute part of this Agreement.

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ARTICLE 31 – PERFORMANCE BOND
On execution of this Agreement, Licensee shall provide to City a performance bond or
letter of credit in an amount of ____ ($___). The bond shall be with an entity and in a form
acceptable to the City. The purpose of the bond is to ensure Licensee’s performance of all
of its obligations under this Agreement and for the payment by Licensee of any claims,
liens, taxes, liquidated damages, penalties, and fees due to City that arise by reason of the
construction, operation, maintenance, or removal of Licensee’s Communications Facilities
on or about City’s Poles.

ARTICLE 32 – FORCE MAJEURE
32.1.

32.2.

If either City or Licensee is prevented or delayed from fulfilling any term or
provision of this Agreement by reason of fire, flood, earthquake, or like acts of
nature, wars, revolution, civil commotion, explosion, acts of terrorism,
embargo, acts of the government in its sovereign capacity, material changes
of laws or regulations, labor difficulties, including without limitation, strikes,
slowdowns, picketing or boycotts, unavailability of equipment of vendor, or
any other such cause not attributable to the negligence or fault of the party
delayed in performing the acts required by the Agreement, then performance
of such acts shall be excused for the period of the unavoidable delay, and the
affected party shall endeavor to remove or overcome such inability as soon
as reasonably possible.
City shall not impose any charges on Licensee stemming solely form
Licensee’s inability to perform required acts during a period of unavoidable
delay as described in Paragraph 32.1, provided that Licensee present City
with a written description of such force majeure within a reasonable time
after occurrence of the event or cause relied on, and further provided that
this provision shall not operate to excuse Licensee from the timely payment
of any fees or charges due City under the Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on
the day and year first written above.
(CITY)

(LICENSEE)

BY: __________________________________ BY: ______________________________________
Title: ________________________________ Title: _____________________________________
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HURRICANE CITY
STATE OF UTAH
:ss

County of _____________________________
I, the undersigned, a Notary Public in and for the state of Utah, hereby certify that on the
____ day of _______________, 20___, personally appeared before me [NAME]
________________________, [TITLE] _______________________ to me known to be the
individual described in and who executed the foregoing instrument and acknowledged that
they signed and sealed the same as their free and voluntary act and deed, for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal the day and year above written.
____________________________________
Notary Public in and for the State of Utah, residing at
UTAH

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LICENSEE
STATE OF UTAH
:ss

County of _____________________________
I, the undersigned, a Notary Public in and for the state of Utah, hereby certify that on the
____ day of _______________, 20___, personally appeared before me [NAME]
________________________, [TITLE] _______________________ to me known to be the
individual described in and who executed the foregoing instrument and acknowledged that
they signed and sealed the same as their free and voluntary act and deed, for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal the day and year above written.
____________________________________
Notary Public in and for the State of Utah, residing at
UTAH

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Appendix A – Fees and Charges

Pole Attachment Fees and Penalties
1. PAYMENTS
a. All payments specified in this document will be made to Hurricane City.
b. Unless otherwise stated in writing, licensee shall pay all applicable invoices
within thirty (30) calendar days after the invoice has been issued.
c. Nonpayment of any amount after thirty (30) days shall constitute a material
default of the agreement.
2. REFUNDS
a. No fees or charges shall be refunded on account of any surrender of a permit
granted. Nor shall any refund be owed if a pole is not used or abandoned by
the City.
3. ANNUAL FEES
a. Pole Attachment Fee (per pole)
$20.00
b. Over Head Wire Storage on Pole Fee
$50.00
4. NON-RECURRING FEES
a. Permit Application Fee (1-20 poles)
$225.00
i. In the event over 20 poles are required a new application shall be
submitted.
b. Riser Fee
$50.00
c. Make Ready Work Charges
See Article 3 of Agreement
d. Miscellaneous Charges
See Article 3 of Agreement
e. Inspection Fees
Included with Pole Attachment Permit Application
5. PENALTY FOR FAILURE TO TRANSFER, ABANDON, or REMOVE FACILITIES
a. If the licensee is required to transfer, abandon or remove facilities. The
licensee shall be charged 1/5 the annual attachment fee per day, per pole,
for the first thirty (30) days. After the initial thirty (30) days the fee shall be
increased to equal the annual attachment fee per day per pole.
6. UNAUTHORIZED ATTACHEMENTS
a. If any unauthorized attachments are discovered the owner of the
communication cable shall be charged 5 times the annual attachment fee
per occurrence.

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Appendix B – Pole Attachment Permit Application Process
The following procedure is to be followed by each Licensee seeking to make new
attachments (wireline or small cell) on Hurricane City Power’s (HCP) Poles, or when
overlashing to existing pole tenant facilities on HCP’s Poles. Note that no entity may make
any Attachments to HCP’s Poles or overlash to existing pole tenant facilities supported on
HCP’s Poles without having first entered into a binding Pole Attachment Licensing
Agreement with HCP. Third parties seeking to overlash existing pole tenant facilities must
also have a written overlash agreement with the pole tenant to be overlashed. The overlash
agreement must be provided to HCP at the time of application.
1. Licensee shall submit a written request to perform a Pre-Construction Inspection. The
request must include a preliminary route description. Licensee shall have an approved
professional engineer or HCP approved employee or contractor, participate in a
Pre-Construction Inspection, which will include a review of the proposed Attachment(s)
to determine the feasibility of the request and identify any potential Make-Ready Work.
Appendix E to this Agreement contains the minimum design review information that an
applicant must provide. Including a worksheet for determining the minimum
specifications that the proposed attachments must meet.
2. Following the Pre-Construction Inspection, Licensee shall submit a completed
Application for Permit that includes: route map, information required in Appendix E,
installation plans, recommendations on Make-Ready Work, and a pole-loading and
clearance analysis (if required) stamped by an approved professional engineer,
registered in the State of Utah and has at least 3 years of experience in electrical City
system design. Licensee shall prepare the Permit Application in adherence with the
Applicable Standards, pay applicable fees and submit application to HCP.
3. HCP will review the recommendations from the inspection and the pole-loading and
clearance analysis, and discuss any issues with the Licensee.
4. Upon receipt of written authorization, including payment for the Make-Ready Work
charges as set out by HCP and agreed to by the Licensee, HCP will proceed with
Make-Ready Work according to the specific agreed-upon installation plans and the
terms of the Agreement.
5. Upon completion of the Make-Ready Work, HCP will sign and return the Application for
Permit authorizing the Licensee to make its Attachment(s) in accordance with agreedupon installation plans.
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6. Unless waived in writing by HCP, the Licensee’s professional engineer, HCP approved
employee, or contractor shall submit written certification that he/she has completed
the Post-Construction Inspection and that the installation was done in accordance with
the provisions of the Permit. The Post-Construction Inspection shall be submitted
within ninety (90) calendar days after installation is complete. City will verify the
inspection by means that it deems to be reasonable.

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Appendix C – Application for Pole Attachment Permit
Application Date:
To:

/

/

Hurricane City Power
526 W 600 N
Hurricane, UT 84737

Fee: $

Desire to:☐ Attach to City Pole(s)
☐ Remove Attachment from City Pole(s) Fee required. No fee required.
☐ Overlash to existing facility attached to HCP pole(s)
Fee required
Permit No.
Superseded Permit No.
Number of Poles on this permit
Licensee Name
Address
Contract Person: Name
Title

Phone
Email

New Attachment Pole Count
Overlash Pole Count

Removal Pole Count
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Adding

Y/N

Replacing

Y/N

Removing

Y/N

Guying required

Y/N
44

General Description of Proposed Installation(s)/Removal(s)

In accordance with the terms and conditions of the Pole Attachment Licensing Agreement
dated

, application is hereby made for a Permit to attach to and/or

vacate Pole(s) in the locations detailed on the attached Route Map(s). Also, attached is
detailed documentation and drawings as required by Appendix E of the Agreement. If
applicable, the engineer’s name, state, registration number, and phone number are:
Name
Phone

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Permission is herby granted to Licensee to attach and/or vacate pole(s) listed on the
attached Field Date Summary Sheets, subject to payment of the necessary Make-Ready
Work charges as set out by HCP and agreed to the Licensee

SUBMITTED:

APPROVED:

Licensee

Hurricane City Power Department

By

By

Title

Title

Date

Date

Total fees: $

Date

Paid: ☐ Yes ☐ No

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Appendix D – Specifications for Licensee’s Attachments to City Poles

SECTION 1 – COMMUNICATION POLE ATTACHMENTS
I.

GENERAL PREFACE
Hurricane City has adopted these Standards and Specifications to establish
minimum requirements for the design, installation, operation, and maintenance of
communication facilities attached to City-owned joint utility poles. All Attachments
shall be made in accordance with the Applicable Standards, as defined in paragraph
1.2 of this agreement. These standards are required to be used by all persons
engaged in the design, installation, maintenance, or operation of overhead
communications systems within Hurricane City limits. These standards establish
minimum requirements. Compliance with these standards does not relieve the
permit holder from complying with applicable federal, state, or local laws, codes, or
regulations. Where these Standards conflict with applicable federal, state, or local
laws, codes, or regulations, the more restrictive requirement shall govern.
If a Contractor needs to have Hurricane City Power, which may be referred to as
HCP throughout this document, provide access to electrical facilities, they are
required to set up an appointment to have HCP meet them at the job site.
All costs for overhead communications systems are the responsibility of the service
provider unless otherwise stated in these Standards and Specifications.
In consultation with the Hurricane City Power Board, HCP may make minor
adjustments to these standards at any time to address unique or unusual
circumstances or to align with updated industry standards. Within 30 days of
making such adjustments to these standards, HCP shall submit a report to the
Hurricane City Council detailing all changes to these standards.

SECTION 2 – ACQUIRING NEW ATTACHMENTS
I.

FRANCHISE AGREEMENT
A. All communication providers shall have a current, valid franchise agreement
with Hurricane City and a current, valid pole attachment agreement with HCP
prior to any attachment to a City-owned joint utility pole.

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II.

APPLICATION
A. An application for new pole attachments must be submitted to HCP and
approved before any new attachments are made. A permit review fee for each
application to attach to 1-20 poles under a pole attachment agreement must be
paid before the application is reviewed.

III.

TRANSMISSION POLES
A. New or modified attachments to transmission poles are prohibited, with the only
exception being that existing copper cables on transmission poles may be
replaced with smaller, lighter fiber cables. Existing attachments on transmission
poles may remain, subject to the requirements of any applicable pole
attachment agreements and these standards. New attachments are only
permitted on distribution poles.

IV.

EXISTING ATTACHMENTS
A. All existing pole attachments by the applicant must be brought up to the
standards in this document before any new applications are approved.

V.

ENGINEERING REQUIREMENTS
A. HCP may require engineering design for new attachments. When HCP
determines that engineering is necessary, HCP will approve the engineering
company, and all expenses will be paid by the applicant.

VI.

POLE UPGRADES
A. If a joint utility pole is required to be upgraded to facilitate a requested pole
attachment, the applicant shall bear all costs associated with replacing or
upgrading the joint utility pole.

SECTION 3 – COMMUNICATION RISERS
I.

CONSTRUCTION
A. All risers shall transition from Schedule 40 PVC below grade to aluminum
conduit above grade with an appropriate transition coupling.
B. PVC or fiberglass conduit shall not be attached directly to a joint utility pole.

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II.

MOUNTING
A. All risers shall be clamped to a stand-off bracket. If a stand-off bracket has not
been installed on a joint utility pole the communication provider shall install a
12” Aluma-Form bracket or approved equivalent at the provider’s expense.
B. A bracket shall be installed within 6 inches of the top of the conduit.
C. No bracket shall be installed lower than 7 feet above grade.
D. Brackets shall not be more than 10 feet apart and shall be evenly spaced.
E. The entire length of the communication riser shall be parallel to the joint utility
pole.
F. No more than three communication risers shall be installed on any joint utility
pole unless specifically approved in writing by HCP.
G. All communication risers shall be separated by at least 2 inches.
H. Stand-off brackets shall be installed perpendicular to the roadway. This is to
ensure that a climbing space is maintained along the length of the joint utility
pole.
I. Communication riser shall attach to the inside channel of the Aluma-Form.
J. Ground wires may be attached directly to Pole.

SECTION 4 – CABLE ATTACHMENT METHODS
I.

MESSENGER STRAND ATTACHMENT
Where required, a messenger cable shall be installed to prevent excessive sagging
and reduce the stress on the communication cable.
A. Wood/Metal Pole
1. Messenger strands shall be installed using a through-bolt and an
approved messenger suspension clamp.
2. All drilled holes shall be on roadside of the pole.
3. All drilled holes for communication attachments shall be separated by 18
inches vertically.
4. No more than three communication attachments shall be installed on
any joint utility pole unless specifically approved in writing by HCP.

II.

CABLE LASHING
A. Communication cables shall be lashed to the messenger cable by using
appropriate lashing equipment. Lashing wire shall be terminated and secured at

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the pole using a lashing clamp to ensure the wire remains tight and to prevent
the communication cable from loosening during normal service conditions.

III.

CABLE SAG
A. Communication cables shall be tensioned so that there is a uniform sag
between all the communication cables. The provider shall determine the proper
cable tension based on span length, loading, conductor type, and applicable
manufacturer recommendations.
B. No cable shall be allowed to sag such that the lowest point is less than 15.5 feet
in a roadway or 9.5 feet in a pedestrian walkway.

IV.

SERVICE LOOP
A. New communication service loops are prohibited on all joint utility poles.

V.

GROUNDING
A. All communication cables shall use the #6 bare copper grounding wire on the
joint utility pole as stated in NESC Rules 92C and 97G. If a grounding wire is not
present on a pole, the communication provider shall immediately notify HCP.
Upon approval, the communication provider shall install a ground rod and
attach a #6 bare copper wire to the ground rod.

VI.

INSPECTION
A. HCP shall be notified when a new cable has been installed to schedule an
inspection to verify the cable meets the standards in this document. Any
required corrections shall be made before the cable is placed in service.

SECTION 5 – DOWN GUYS AND ANCHORS
I.

INSTALLATION
A. Licensee shall be responsible for procuring and installing all anchors and guy
wires to support the additional stress placed on the City’s Poles by Licensee’s
Attachments. Anchors must be guyed adequately.
B. Anchors and guy wires must be installed on each City Pole where an angle or a
dead-end occurs. Licensee shall make guy attachments to Poles at or below its
cable Attachment. No proposed anchor can be within four (4) feet of an existing
anchor without written consent of City.

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C. Licensee may not attach guy wires to the anchors of City or third-party user
without the anchor owner’s specific prior written consent.
D. No attachment may be installed on a City Pole until all required guys and
anchors are installed. No Attachment may be modified, added to, or relocated in
such a way as will materially increase the stress or loading on City Poles until all
required guys and anchors are installed.

II.

GROUNDING
A. Licensee’s down guys, if needed, shall be bonded, to the vertical ground wires of
City’s Pole, in accordance to NESC rule 92C. If there is no vertical ground
present at the pole, the connections to the system neutral are to be made by the
City as an item of Make-Ready Work. City will determine if guys should be
grounded or insulated.

SECTION 6 – TAGGING
I.

MARKING
A. Every cable shall have an aerial cable marker installed near the connection point
at each joint utility pole. Tags shall be UV-resistant, weather-resistant, and
permanently legible. The aerial cable marker shall have the following information
clearly identified.
• Name of the communication company that owns the cable.
• Type of cable (telephone, fiber-optic, etc.)
• Phone number for emergency response personnel.
• Date of installation.
• Tags shall be installed such that the name of the company can be clearly
read from the ground.
B. Existing cables shall have a label installed within one (1) year of the signing date
of the new pole attachment agreement.
C. All Licensee’s Pedestals, Vaults and other Enclosures shall be tagged with the
Licensee’s name and contact information.

II.

ATTACHMENT
A. All tags shall fully wrap around the cable to avoid falling off due to high wind
speeds.
B. Tag shall be affixed to all main line cables within 1 foot of each pole with
identification facing the road.

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SECTION 7 – CLEARANCES
I.

DEFINITIONS
A. SUPPLY SPACE: The uppermost section of a utility pole that is reserved for all
conductors, transformers, etc. that are responsible for the distribution and
transmission of electric energy. Only authorized and qualified contractors are
permitted in this space due to high-voltage hazards.
B. COMMUNICATION WORKER SAFETY ZONE: The space between the supply
space and communication space. This shall not be less than 48 inches and is
measured from the lowest equipment in the supply space to the highest
communication cable. This space is to act as a safety buffer from the high
voltage hazards of the supply space.
C. COMMUNICATION SPACE: The lowest space on a utility pole that is reserved for
communication cables. This space is from the bottom of the communication
worker safety zone and the minimum ground clearance. See road clearance or
pedestrian clearance sections for additional information.

II.

COMMUNICATION CABLE SEPARATION
A. All communication cables shall be separated by no less than 18 inches.

III.

STREET LIGHT CLEARANCE
A. All communication cables shall be separated by no less than 18 inches from any
streetlight drip loops. This requirement does not supersede the 48-inch
minimum communication worker safety zone.

IV.

SERVICE DROP CLEARANCE
A. No communication cables shall be attached to a service mast per NEC 230.28.
B. The 48-inch communication worker safety zone shall be maintained at the joint
utility pole. The communication service drop shall maintain a 18-inch minimum
separation from the supply service drop to the structure.

V.

CABLE SAG AND MID-SPAN CLEARANCE
A. At mid span all communication cables shall maintain the 18-inch minimum
separation from other communication cables.

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B. At mid span communication to line conductors shall follow NESC table 235-6.
12” from neutral by exception #16
30” from supply lines with circuit phase-to-phase voltage from 0 to 8.7kV
30” plus 0.4” per kV in excess of 8.7kV.

VI.

ROAD CLEARANCE
A. For all insulated communication conductors, messengers, overhead surge
protection wires, guys, and neutral conductors that span over a road, street, or
any other area that is subject to truck traffic, the minimum ground clearance
shall not be less than 15.5 feet.

VII.

PEDESTRIAN CLEARANCE
A. For all insulated communication conductors, messengers, overhead surge
protection wires, guys, and neutral conductors that span over spaces or ways
subject to pedestrian traffic, a minimum ground clearance shall not be less than
9.5 feet.

VIII. CLIMBING SPACE
A. All attachments shall be installed in a manner that preserves climbing space in
accordance with NESC rule 236.

IX.

PEDESTALS AND ENCLOSURES
A. Every effort should be made to install Pedestals, Vaults and/or Enclosures at a
minimum of five (5) feet from Poles and two and one half (2.5) feet from City
Facilities, or the distance specified by the City, whichever is greater.

SECTION 8 – MAINTENANCE
I.

SCOPE
A. This section describes the required maintenance of all communication cables
on joint utility poles. If HCP determines that these standards have not been met,
HCP will contact the cable provider. The provider will have ninety (90) days from
the notification date to correct the discrepancies. If corrective action has not
been completed within ninety (90) calendar days, HCP may remove the
noncompliant facilities at the owner's expense.

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II.

AVAILABILITY
A. As part of signing a pole attachment agreement, every provider shall provide and
maintain a local contact for HCP. This contact information shall be updated
whenever changes occur.
B. The local contact will be required to attend the regularly scheduled meetings of
the City’s Joint Utility Committee (JUC).

III.

EMERGENCY RESPONSE
A. In the event of an emergency, HCP will coordinate with the local contact
provided. The provider’s designated contact shall respond to the incident within
one (1) hour and coordinate all necessary repairs.

IV.

REMOVAL OF ABANDONED INFRASTRUCTURE
A. When an aerial cable has been abandoned, that cable shall be removed
completely from the joint utility pole within ninety (90) days of abandonment.
Existing abandoned cables shall not be reused to support new communication
cables.

V.

NONCOMPLIANCE WITH STANDARDS
A. If HCP determines that a provider has failed to comply with these Standards
after written notice and expiration of the correction period, HCP may remove the
noncompliant facilities at the owner's expense.

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Appendix E –
Distribution Line Minimum Design Review Information and
Worksheet
The following guidelines are provided, and corresponding information must be submitted
with each Permit application for Pole Attachments on City’s system. City may direct that
certain Attachments do not require the submission of Design Review Information.
Each Permit application must include a report from a licensed professional engineer
registered to practice in the state of Utah and have at least 3 years of experience in electric
City system design, or a City-approved employee or contractor of Licensee. This report
must clearly identify the proposed construction and must verify that the Attachments
proposed will maintain City’s compliance with NESC Class B construction for the loading
district as outlined in the NESC Section 25.
The applicant shall provide the following information to be submitted at the time of the
Permit application. The applicant shall have performed all required calculations. Applicant
shall keep copies of the engineering data available for a period of twenty (20) years.
In determining compliance, the following minimum conditions shall be used in the
calculations for pole strength:
1. All single-phase lines shall be assumed to have been reconductored to 1/0 ACSR
conductor for both phase and neutral. If a larger conductor size exists, the larger size
shall be used in the calculations.
2. All three-phase lines shall be assumed to have been to 336 ACSR Merlin conductors for
three (3) phases and neutral. If existing conductors are larger than 336 ACSR, the larger
size shall be used in the calculations.
3. All pole lines shall assume a secondary/service conductor, installed from pole to pole,
of #4/0 AWG triplex cable, with ACSR messenger.
4. For pole strength calculations, all poles shall be as they actually exist, or be considered
Class 4 for calculation. If pole date is not available.
5. All line angles or dead ends shall be guyed and anchored. Transverse pole strength shall
not be assigned to attaching pole users for line angles, i.e., pole should be viewed as
being void of other cables, conductors, wires, or guys and considering only the
applicant’s wires/cables for guying calculations.
6. Points of attachment shall be as they actually exist on the poles.
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7. For a City-approved joint use of anchors, the Licensee shall utilize guy insulators in its
guys.
8. Licensee shall comply with any NESC and/or City safety factors, whichever are more
conservative, in their designs. The engineer for the Permit applicant shall provide for
each application the following confirmations:
8.1. That design is in accordance with pole strength requirements of the NESC, taking
into account the effects of Utilities Facilities and other attaching entities’ facilities
that exist on the poles, without regard to the condition of the existing facilities.
9. Sidewalk guys are not allowed unless pre-approved by the City.
10. Other Site/Project specific requirements.

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Required permits that have been obtained (insert n/a if not applicable)
(Y/N) Highway – State, County, City
(Y/N) Encroachment Permit Needed
(Y/N) Local zoning boards, towns boards, etc
(Y/N) Joint-use permits, if required
(Y/N) Notified other pole users of contracts or crossings
Confirm that you have:
(Y/N) Obtained appropriate franchise(s)
(Y/N) Obtained pole/anchor easements from landowners
(Y/N) Obtained crossing and overhang permits
(Y/N) Obtained permit to survey R/W
(Y/N) Completed Utah Department of Transportation (UDOT)
requirements, if applicable
(Y/N) Placed permit number on plans
(Y/N) Complied with City’s Underground Construction Standard
requirements
(Y/N) Included sag/tension data on proposed cable
Calculations are based upon the latest edition of the NESC and the latest editions of
the requirements of the State of Utah.
It is the Licensee’s responsibility to obtain all necessary permits and provide the City
with a copy of each.
The engineer for the Permit applicant shall provide for each Pole(s) the following
information. Additional information may be required for complete analysis. (Note: other
formats containing the same information is allowable.)

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Project ID
Pole Number
Pole Class

[Existing-i.e., 4,3,2…]

Pole Size

[Existing-i.e., 35, 40…]

Pole Type

[Southern Yellow Pine, Douglas Fir…]

Pole Ahead Span

[Feet]

Pole Ahead Span Direction

[Degrees from Magnetic North]

Pole Back Span

[Feet]

Pole Back Span Direction

[Degrees from Magnetic North]

Calculated Bending
Moment at Ground Level

[ft-lbs]

Existing: Pole Configuration Information
Power phase conductor
AWG/MCM

quantity of
ACSR @

feet above ground line

Power neutral condition
AWG/MCM

quantity of
ACSR @

Power secondary condition

feet above ground line
quantity of

AWG/MCM

ACSR @

feet above ground line

Power Service #1

qty of

size @

ft above ground line

Power Service #2

qty of

size @

ft above ground line

Power Service #3

qty of

size @

ft above ground line

Communication Cables

qty of

dia @

ft above ground line

Communication Service #1

qty of

dia @

ft above ground line

Communication Service #2

qty of

dia @

ft above ground line

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CATV Cables

qty of

dia @

ft above ground line

CATV Service #1

qty of

dia @

ft above ground line

CATV Service #2

qty of

dia @

ft above ground line

User #3 cables

qty of

dia @

ft above ground line

Equipment #1 type

qty of

size @

ft above ground line

Equipment #2 type

qty of

size @

ft above ground line

Equipment #3 type

qty of

size @

ft above ground line

Proposed: Pole Configuration Information
Proposed cables

qty of

dia @

ft above ground line

Proposed cables

qty of

dia @

ft above ground line

Equipment #1 type

qty of

size @

ft above ground line

Equipment #2 type

qty of

size @

ft above ground line

The minimum vertical clearance under all loading conditions measured from the
proposed cable to ground level on each conductor span shall be stated above.
Variations in topography resulting in ground elevation changes shall be considered
when stating the minimum vertical clearance within a given span.
Calculated pole bending moment at ground level:

[ft-lbs]

Pole breaking bending moment at ground level:

[ft-lbs]

Calculated transverse safety factor:

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Proposed loading data [provide similar data for each cable proposed]
A. Weight data (cable and messenger)
1. Vertical weight, bare =
[#/ft]
B. Tension data (final tensions on messenger)
1. NESC maximum load for area of construction:
[lbs]
2. 60ºF, NO wind:
[lbs]
Permit applicant’s engineer shall provide for each transverse guy, or dead end to which
guys and/or anchors are attached, the following information:

Pole number
Calculated cable messenger tension under NESC maximum loading condition

[lbs]

If connection is:
A dead end, is it a single or double?

[S, D]

A change in tension, what is change?

[lbs]

A line angle, what is angle change?

[degrees]

What is the tension change at angle?

[lbs]

For each dead end:
Point of Attachment for guy hook

[feet above ground level]

Anchor distance from pole

[feet]

Calculated guy tension

[lbs]

Rated guy working strength

[lbs]

For each change in tension:
Point of attachment for guy hook

[feet above ground level]

Anchor distance from pole

[feet]

Calculated guy tension

[lbs]

Rated guy working strength

[lbs]

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For each line angle:
Point of attachment for guy hook

[feet above ground level]

Anchor distance from pole

[feet]

Calculated guy tension

[lbs]

Rated guy working tension

[lbs]

For each anchor:
Anchor distance to nearest anchor

[feet]

Calculated anchor tension

[lbs]

Rated anchor strength

[lbs]

Soil composition

[sandy, loam, clay, rock]

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Appendix F – Field Drawing and Data Summary Sheet Instructions
Item

Instructions

City Pole Number/Object ID#

If a Pole stencil is not in place, it may be left for
the City if the accompanying sketch is adequate to
Determine the Location.

Communication Companies
Plan Sheet Pole Number

This must correspond with the plan sheet or Pole
Sketch Pole identification number.

Pole Height and Class

List the present Pole height and class, and list the
proposed Pole height and class if it is necessary
for the City to replace the Pole for clearance, etc.

Attachment Height

Communications Company attachment height
above ground level. List guy lead in feet.

Inches Below City

The number of inches Communications Company
is to be attached below City while maintaining
clearance as required.

Span Length

List the back span length for each attachment.

Inches Sag

List the messenger sag for the design listed on the
cover sheet at 60ºF.

Ground Clearance
Tagging

List the ground clearance at the low point of the
back span. Must not be less than the National
Electrical Safety Code (latest edition).
1) All main lines, service drops, and enclosures
are tagged with company identification as
indicated in Appendix D.
2) Tag shall be affixed to all main line cables within
1 foot of each pole with identification facing the
road.

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Appendix G – Annual Reporting Form for Attachments
Due by February 1st each year.
Licensee Name:

Contact Name:

Contact Phone Number:

Contact Email:

Beginning date for report:
Ending dates for report:
Number of HCP Poles attached to
Submit updated map? (provide GIS file if available) Y / N
If no, when will maps be made available?
Answer:
(Date available)
Tagging system complete? Y / N
If no, when will tagging be completed?
Answer:
(Date to be completed)
Number of new Risers installed:
.
(On a separate sheet, list addresses.)
Number of non-functional attachments:
.
(On a separate sheet, list scheduled removal dates.)
Number of equipment removed from poles:
.
(On a separate sheet, list date(s) removed and addresses.)
Number of new O.H. Storage installed:
.
(On a separate sheet, list date(s) installed and addresses.)
Number of O.H. Storage removed or transferred to UG Box:
.
(On a separate sheet, list date(s) and addresses. )
Number of new attachment applications/licenses completed:
.

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