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05-12-2009 (City Council) Agenda Packet Wylie City Council CITY. OF WYLIE NOTICE OF MEETING t Reception Honoring Councilman Merrill Young May 12, 2009 - 6:00 p.m. (Prior to the City Council Meeting) Regular Meeting Agenda Council Meeting May 12, 2009 -7:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: 14.ww,tiyylietexas.gti•. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION May 12,2009 Wylie City Council Regular Meeting Agenda Page 2 of 4 • Presentation in Honor of Outgoing Council Member Merrill Young CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the April 28, 2009 Regular Meeting and the May 5, 2009 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the Mayor to enter into a Cooperative Agreement, in an amount not to exceed $54,175.39, between the City of Wylie and the U. S. Army Corps of Engineers for the provision of additional Law Enforcement Services at Lake Lavon for the term of May 23, 2009 through September 7, 2009. (J. Duscio, Police Chief) C. Consider, and act upon, conditional approval of a Replat for Moss Addition. Subject property being generally located on the north side of FM 544 approximately 1,337 feet west of Springwell Pkwy. (R. 011ie, Planning Director) PRESENTATION • Presentation of the Final Design for Fire Station #3 created by Montage 48/61 and recommended by Fire Station #3 Selection Panel and the Public Arts Advisory Board. (C. Ehrlich, Staff Liaison/Larry Enge & Charlotte Lindsey, Artists) REGULAR AGENDA General Business 1. Consider, and act upon, final approval of the art design and authorize the City Manager to execute a contract between Montage 48/61 and the City of Wylie, in the amount of $30,400, to commission the art piece for the Fire Station #3 Public Art Project. (C. Ehrlich, Staff Liaison) Executive Summary The Wylie City Council approved the selection of Montage 48/61 as the artists to complete a design for the Fire Station#3 Public Art Project as recommended by the Public Arts Advisory Board and the Fire Station #3 Art Selection Panel. Larry Enge and Charlotte Lindsey met with Fire Chief Corbin and other members of the Fire Department to collaborate on a design to be created for this art space. May 12,2009 Wylie City Council Regular Meeting Agenda Page 3 of 4 2. Consider, and act upon, Ordinance No. 2009-15 amending Chapter 74 (Offenses and Miscellaneous Provisions), Article 1 (General), Section 74-2 (Smoking and Tobacco Use in Municipal Buildings, Facilities, and Vehicles) of Wylie's Code of Ordinances; prohibiting smoking in City Parks; amending enforcement procedures; and making other nonsubstantive changes; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date and publication of the caption hereof. (R. Diaz, Assistant Superintendent,Parks and Recreation) Executive Summary The Parks and Recreation Board have been discussing a possible non-smoking ordinance in park areas since the fall of 2008. Staff brought this issue to the attention of the Board due to receiving complaints from spectators viewing various sporting events at Founders and Community Parks and other spectators smoking in close proximity. The Board directed staff to find out what other cities in the Metroplex were doing regarding non-smoking ordinances in park/spectator areas and to bring forth some examples of non- smoking ordinances. The Board also directed staff to gather input from the local sports organizations seeking input on a proposed non-smoking ordinance. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Public Arts Advisory Board presentation of the proposed "Wylie Arts Festival" for direction from council. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.072 Deliberation Regarding Real Property; Closed Meeting Pursuant to Section 551.072, Texas Government Code, deliberation on certain matters concerning real property. • Purchase of Easement for Twin Lakes Sewer Project • Contract Agreement with Direct Development §§ 551.071 Consultation with Attorney; Closed Meeting Pursuant to Section 551.071, Texas Government Code, Consultation with attorney for the city regarding litigation: • Cause No. 002-3096-2008; City of Wylie, Texas vs. Alpay Living Trust of October 18, 1996 May 12,2009 Wylie City Council Regular Meeting Agenda Page 4 of 4 RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. 3. Consider, and act upon, approval of an Agreed Final Judgment and Compromise Settlement Agreement and Mutual Release of Claims by and between the City of Wylie and Alpay Living Trust of October 18, 1996 and adoption of a Resolution authorizing the City Manager to execute the Agreed Final Judgment and Compromise Settlement Agreement and Mutual Release of Claims. (M. Manson, City Manager) ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 8thday of May, 2009 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 12, 2009 Item Number: Presentation Department: Public Arts Advisory Board (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: Date Prepared: May 5, 2009 Budgeted Amount: Exhibits: Subject Presentation of the Final Design for Fire Station #3 created by Montage 48/61 and recommended by Fire Station#3 Selection Panel and the Public Arts Advisory Board. Recommendation None Discussion The Wylie City Council approved the selection of Montage 48/61 as the artists to complete a design for the Fire Station #3 Public Art Project as recommended by the Public Arts Advisory Board and the Fire Station #3 Art Selection Panel. Larry Enge and Charlotte Lindsey met with Fire Chief Randy Corbin and other members of the Fire Department to collaborate on a design to be created for this art space. The artists have completed the collaboration and are presenting the final art design. The design has been reviewed and recommended by staff, the Public Arts Advisory Board and the Fire Station Art Selection Committee. Art Consultant Sharon Leeber is present to answer questions. Approved By Initial Date Department Director CE 05/06/09 City Manager /11//fl /-6 Page 1 of 1 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, April 28, 2009 -7:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 7:05 p.m. with the following City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick White, and Councilman Carter Porter. Councilman Merrill Young was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; Police Chief, John Duscio; Interim Finance Director, Melissa Beard; WEDC Executive Director, Sam Satterwhite; Planning Director, Renae' 011ie; Library Director, Rachel Orozco; Building Director, Mike McAnnally; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Cub Master, Pack 418, Ronnie Rhodes gave the invocation and Boy Scout Pack 418 members led the Pledge of Allegiance. Present were: Den Leader and Assistant Den Leader, Buddy Perdue and Linda Perdue. Pack 418 members included: Hayden Rhodes, Zachary Perdue, Christopher Perdue, Troy Sargeant, and Alex Cavazos. Mayor Hogue presented a proclamation to Eagle Scout Brandon Stevens. Brandon was honored on February 28th with his Eagle Scout designation. Brandon designed and built a drainage system at Equest for the horse track as his Eagle Scout project. He is the son of David and Geanine Stevens. PRESENTATION • Presentation to 5th Six Weeks Star Students —Character Trait of"Fairness." Mayor/Council) Minutes—April 28 2009 Wylie City Council Page 1 Mayor Hogue and Mayor Pro Tern Byboth presented medallions to students demonstrating the character trait of"Fairness." Each six weeks one student from each WISD campus is chosen as the "star student." • Proclamation — Motorcycle Safety and Awareness Month. (J. Duscio, Police Chief) Mayor Hogue presented Police Chief Duscio with a proclamation officially designating the month of May as "Motorcycle Safety and Awareness Month" in the City of Wylie. He noted that Chief Duscio was a motorcycle enthusiast. Chief Duscio reported that with the warm weather approaching, there would be more motorcyclists on the roads and asked all citizens to be aware of safe driving both for the motorcycle operators and vehicular drivers. • Proclamation presentation for"Rare Disease Day." (Mayor/Council) Mayor Hogue presented a Proclamation designating April 28th, 2009 as "Rare Disease Day" in the City of Wylie to Mr. and Mrs. B. J. Smith. The Smith's were accompanied by their son, Will who has Phelan-McDermid Syndrome; he is one of four hundred people in the world with this rare disease. Mr. Smith thanked the Wylie City Council and citizens of Wylie for their support. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present to address the Wylie City Council during Citizens Comments. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the April 14, 2009 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the City Manager to execute a Memorandum of Understanding and an Interlocal Agreement between the Collin County Sheriff s Office, the City of Plano, Texas, the City of McKinney, Texas, the City of Allen, Texas, the City of Frisco, Texas regarding the application process and acceptance of the award of the BJA FY 2009 Recovery Act Byrne Justice Assistance Grant (JAG) Program. (J. Duscio, Police Chief) C. Consider, and act upon, a Final Plat for Southbrook Phase III, creating twenty- three (23) residential lots on 7.0 acres, generally located east of S. Ballard, south of Martin Drive and south of the Twin Lakes Subdivision Phase I. (R. 011ie, Planning Director) D. Consider, and act upon, Ordinance No. 2009-13 amending Ordinance No. 2004-01 (Providing requirements for Park Land Dedication or payment of cash in lieu Minutes—April 28 2009 Wylie City Council Page 2 thereof), Section 8 (Appendix C — Fee schedule, section 15, Park Land Dedication fees); Ordinance amending Parkland Dedication Fees. (J. Butters, Assistant City Manager) E. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of March 31, 2009. (M. Beard, Interim Finance Director) F. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of March 31, 2009. (S. Satterwhite, Executive Director, WEDC) Mayor Pro Tern Byboth stated that based on the financials presented in the Consent Agenda, he wanted to thank City Manager Mindy Manson and her staff for their attention to expenditures their commitment to remaining under budget in all funds for the current year. Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Young absent. REGULAR AGENDA General Business TABLED ITEM FROM APRIL 14,2009 Mayor Pro Tern Byboth asked that Item #1 be removed from the table for consideration. Consensus of the Council was to remove from the table and consider Item #1. 1. (MOTION To REMOVE FROM TABLE) Consider, and act upon, Ordinance No. 2009-11 adopting the City of Wylie Water Conservation Plan recommended by the North Texas Municipal Water District. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that although the City of Wylie previously adopted a Drought Contingency Plan in 2006, no formal action has been taken to adopt a Water Conservation Plan. Title 30 Texas Administrative Code, Chapter 288 requires water systems to submit a Water Conservation Plan to the Texas Water Development Board by May 1, 2009. Mr. Hoisted reported that as requested by Council on April 14th, a survey had been completed regarding other NTMWD member cities and the restrictions and recommendations each city had adopted. He reported that Mike Rickman, Assistant General Manager, and Denise Hickey, Public Relations Coordinator, for North Texas Municipal Water District were present to address the Council on this item. Mike Rickman, Assistant General Manager for NTMWD addressed Council stating that the proposed water conservation plan was a very important issue for the district. Two of the strategies emphasized in the plan are two day per week watering and time of day watering. He explained that when member cities adopt these strategies it allows them to have better management of their city's system and more control over maximum annual demand and forecasting water usage pursuant to the contract with the district. This plan also allows better operation of the distribution systems. When these strategies are adopted, cities are not required to build as large an operating systems and less water is is pushed through the system at Minutes—April 28 2009 Wylie City Council Page 3 any given time. Mr. Rickman noted that in order for the district to procure new sources of water, this plan is essential to the application process to the Texas Commission on Environmental Quality. He noted that the permitting process was extensive and permits were very difficult to obtain. He reported that the district, in trying to stay ahead of water demand, will need water conservation to be part of the overall plan, along with new water sources. Council Discussion Mayor Hogue asked Mr. Rickman how the district could encourage all member cities to adopt these strategies. Mr. Rickman stated that the district was working diligently to encourage all member cities to adopt this recommended plan and will continue to do so in the future. Mayor Hogue offered to contact other mayors of member cities, who have not adopted these strategies, to encourage them to do so. Council Action A motion was made by Councilman Porter, seconded by Councilman White to adopt Ordinance No. 2009-11, the City of Wylie Water Conservation Plan recommended by the North Texas Municipal Water District. A vote was taken and the motion passed 6-0 with Councilman Young absent. 2. Consider, and act upon, Ordinance No. 2009-12 of the City of Wylie, Texas, Repealing Ordinance Nos. 98-16 and 2006-05; and Amending Ordinance No's 74- 09; 74-14; 78-17; 84-16; 85-34A; 87-15; 78-107; 89-13; 92-13; 98-29, and 99-17, (1) to delete fees; establishing a consolidated fee ordinance; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (J.. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the proposed ordinance was drafted in order to consolidate all City of Wylie fees, charges, and rates into one document. A work session on the proposed ordinance was conducted at the April 14th City Council meeting. He reported that during that work session all proposed changes to existing fees where highlighted for Council consideration. After receiving feedback from Council on proposed fee changes, adjustments were made to the consolidated fee ordinance proposed tonight. Council Discussion Councilman Goss noted concerns he had with the fees for the rental of the park pavilions. He stated that these pavilions should be free to Wylie citizens and reservations should not be required. Assistant City Manager Butters reported that reservations were needed for scheduling large groups and the fees were to cover electrical costs and personnel time for parks staff to clean after each event. Council Action A motion was made by Councilman White, seconded by Mayor Pro Tern Byboth to adopt Ordinance No. 2009-12, repealing and amending certain ordinances and establishing a consolidated fee ordinance, providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance and providing for the publication of the caption hereof. A vote was taken and the motion passed 6-0 with Councilman Young absent. Minutes—April 28 2009 Wylie City Council Page 4 3. Consider, and act upon, Resolution No. 2009-12(R) authorizing the Mayor to enter into an Interlocal Agreement between the City of Wylie and Wylie Northeast Water District for the provision of disconnecting water service to City of Wylie delinquent sewer accounts. (I Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that Wylie Northeast has a Water CCN and provides water service to residential and commercial accounts in the North West region of the City of Wylie. The City of Wylie provides sewer service within the Wylie Northeast service area. Wylie Northeast has agreed to the disconnect agreement and did approve and sign the agreement at their April 14th board meeting. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Goss to approve Resolution No. 2009-12(R) authorizing the Mayor to enter into an Interlocal Agreement between the City of Wylie and Wylie Northeast Water District for the provision of disconnecting water service to City of Wylie delinquent sewer accounts. A vote was taken and the motion passed 6-0 with Councilman Young absent. 4. Consider, and act upon, Resolution No. 2009-13(R) adopting the City of Wylie Identity Theft Program/Policy, as required by the Fair and Accurate Credit Transactions Act of 2003, and authorizing the City Manager to approve changes in the policy to reflect any new risks identified. (M. Beard, Interim Finance Director) Staff Comments Interim Finance Director Beard addressed Council stating that to help combat identity theft, Congress enacted sections 114 and 315 of the Fair and Accurate Credit Transaction Act of 2003 (FACTA). These rules and guidelines became effective January 1, 2008 with mandatory compliance by November 1, 2008. The FTC extended the deadline compliance for creditors to May 1, 2009. She reported that the utility billing department was already following these guidelines that are recommended for formal approval tonight. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to approve Resolution No. 2009-13(R) adopting the City of Wylie Identity Theft Program/Policy, as required by the Fair and Accurate Credit Transactions Act of 2003, and authorizing the City Manager to approve changes in the policy to reflect any new risks identified. A vote was taken and the motion passed 6-0 with Councilman Young absent. 5. Consider, and act upon, Ordinance No. 2009-14 amending Ordinance No. 2008-41 (2008-2009 Budget) for $477,727.70 for condemnation of certain parcels of land required for a right-of-way for extending improvements for the Springwell Parkway Extension Project. (M. Manson, City Manager) Minutes—April 28 2009 Wylie City Council Page 5 Staff Comments City Manager Manson addressed Council stating that City Engineer Hoisted, herself and the City Attorney had attended mediation this past Friday afternoon which was successful. Through this mediation a final settlement was reached in the amount of$300,000. Therefore a check must be deposited with the County in order to further the proceedings. Staff is recommending utilizing $279,606.35 from the Thoroughfare Impact Fees with the balance of the funding of$20,393.65 being drawn from Fund Balance. Council Action A motion was made by Councilwoman Spillyards, seconded by Mayor Pro Tern Byboth to adopt Ordinance No. 2009-14 amending Ordinance No. 2008-41 (2008-2009 Budget) for $300,000.00 for condemnation of certain parcels of land required for a right-of-way to extend improvements for the Springwell Parkway Extension Project. A vote was taken and the motion passed 6-0 with Councilman Young absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance Nos. 2009-11, 2009-12, 2009-13 and 2009-14 into the official records. Announcement Mayor Hogue announced that Budget Analyst Karla Stovall was moving to Austin, Texas and Friday May 22, 2009 would be her last day. On behalf of the City of Wylie City Council and Staff he wanted to thank her for her many years of service to the City of Wylie. Mayor Hogue convened into Work Session at 8:15 p.m. WORK SESSION • Presentation by design firms of Teague, Nall and Perkins, Inc. and Jacobs Engineering Group, Inc. for design services related to the Community Park Improvements. (M. Sferra, Public Services Director) Wylie Parks Superintendent Bill Nelson addressed Council stating that a Selection Committee was appointed, consisting of himself, Assistant Superintendent Robert Diaz and Parks board members Benny Jones and Donna Larson. Staff and the committee developed the Requests for Qualifications (RFQ) and solicited twelve firms. All firms were ranked by the committee and the committee interviewed five of the firms. Mr. Nelson reported that the committee has narrowed the list to two firms to recommend to the City Council. They are: Teague, Nall and Perkins, Inc. and Jacobs Engineering Group, Inc. The firms will give a short presentation tonight. Chris Seely representing Teague, Nall and Perkins, Inc. presented his firms qualifications and a slide presentation showing the current park and some of the proposed layouts for parking, facilities, and amenities. Minutes—April 28 2009 Wylie City Council Page 6 Phillip Neely representing Jacobs Engineering Group presented his firms qualifications and a slide presentation showing the proposed layouts for parking, facilities, and amenities. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 9:05 p.m. 6. Consider, and act upon, ranking the finalist design firms and authorizing the City Manager to negotiate a contract with the top ranked firm for the Community Park Improvements. (M. Sferra, Public Services Director) Staff Comments Parks Superintendent Nelson addressed Council stating that the Council has heard from both firms. Should the City Council select a design firm, from the finalist list, then the City Manager will initiate negotiations relative to scope, services, fees and payment schedules with the top ranked firm. If a tentative agreement is reached, then the City Manager will return with a contract for City Council consideration and possible action. If a tentative agreement cannot be reached with the top ranked firm, then negotiations will begin with the second ranked firm,until a tentative agreement can be reached and a contract can be brought to the City Council. Council Action A motion was made by Councilman Goss, seconded by Mayor Pro Tern Byboth to selection Teague, Nall and Perkins, Inc. as the first choice firm and authorize the City Manager to negotiate a contract with the top ranked firm for the Community Park Improvements. A vote was taken and the motion passed 6-0 with Councilman Young absent. Public Hearing 7. Hold a Public Hearing, consider and act upon, amending regulations to Zoning Ordinance No. 2001-48, Article 6, as it relates to the proposed addition of Section 6.4 and the creation of the South Ballard Overlay, including district boundaries and design standards and Article 5 as it relates to allowed uses. ZC2009-01 Staff Comments City Manager Manson reported that due to the public hearing publication, staff is recommending opening the public hearing to take any comments from citizens and then tabling this item to the May 26, 2009 City Council Meeting. Public Hearing Mayor Hogue opened the Public Hearing on Zoning Case 2009-01 at 9:12 p.m. asking anyone present wishing to address the Council on this item to come forward and limit their comments to three minutes. No one was present to address Council regarding Zoning Case#2009-01. Minutes—April 28 2009 Wylie City Council Page 7 Council Action A motion was made by Councilman White, seconded by Councilman Porter to table ZC 2009-01 to the May 26, 2009 Regular City Council Meeting. A vote was taken and the motion passed 6-0 with Councilman Young absent. WORK SESSION • Discussion of the City of Wylie 2010 Budget. (M. Manson, City Manager) City Manager Manson, Interim Finance Director Beard and Budget Analyst Stovall gave a short presentation on the preliminary data for property tax revenues and other revenue source estimates in relation to expenditures for the FY 2009/2010 Budget year. Figures for the Long Term Financial Plan were also discussed. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 9:55 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to adjourn the meeting at 9:55 p.m. Consensus of City Council was to adjourn. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—April 28 2009 Wylie City Council Page 8 Wylie City Council CITY OF WYLIE Minutes Special Called Meeting Agenda May 5, 2009 - 3:00 p.m. New Wylie Municipal Complex 200 Country Club Wylie, Texas CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 3:05 p.m. with the following City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick White, and Councilman Carter Porter. Councilman Merrill Young was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Interim Finance Director, Melissa Beard; Planning Director, Renae' 011ie; Library Director, Rachel Orozco; Building Director, Mike McAnnally; Construction Manager, Shane Colley; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. WORK SESSION • Presentation and discussion of architectural, structural and exterior elements of the new City of Wylie Facilities. (C. Melde, M. Holzman and D. Moss, ARCHITEXAS/TS Byrne) Craig Melde, Doug Moss, and Malcolm Holtzman presented the exterior design of the new city hall, recreation center and library. Details regarding the exterior colors and materials were discussed. Construction Manager Shane Colley was also present to answer questions regarding the proposed materials. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 4:10 p.m. Minutes— May 5, 2009 Special Called Meeting Wylie City Council Page 1 ADJOURNMENT Mayor Hogue adjourned the Special Called meeting at 4:11 p.m. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes— May 5, 2009 Special Called Meeting Wylie City Council Page 2 14/ Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 12, 2009 Item Number: B Department: Police Department (City Secretary's Use Only) Prepared By: Chief John Duscio Account Code: Date Prepared: April 28, 2009 Budgeted Amount: Exhibits: One Subject Consider, and act upon, authorizing the Mayor to enter into a Cooperative Agreement, in an amount not to exceed $54,175.39, between the City of Wylie and the U. S. Army Corps of Engineers for the provision of additional Law Enforcement Services at Lake Lavon for the term of May 23, 2009 through September 7, 2009. Recommendation A motion to authorizing the Mayor to enter into a Cooperative Agreement, in an amount not to exceed $54,175.39, between the City of Wylie and the U. S. Army Corps of Engineers for the provision of additional Law Enforcement Services at Lake Lavon for the term of May 23, 2009 through September 7, 2009. Discussion Each summer the U.S Army Corp of Engineers contracts with the city of Wylie to provide police officers to patrol the lake parks which are inside the city limits. The officers patrol East Fork Park, Avalon Park, the corps office and spillway area, Lavonia Park, Motocross area, Mallard Park, Little Ridge Park, and Pebble Beach Park. The Corp of Engineers pays for all costs associated with the delivery of services including officers pay and benefits, administrative support, and mileage. The Corp also pays all costs associated with bringing in additional dispatchers on the weekend due to Lake Patrol activity. Approved By Initial Date Department Director JD 4-28-09 City Manager n S 6 01 Page 1 of 1 Marro -- umnonm: DEPARTMENT OF THE ARMY FORT WORTH DISTRICT,CORPS OF ENGINEERS LAVON LAKE OFFICE 3375 SKYVIEW DR. WYLIE, TEXAS 75098-5775 April 27, 2009 Lavon Lake Office Chief John Duscio Wylie Police Department 2000 N. Highway 78 Wylie,TX The enclosed Cooperative Agreement for additional law enforcement services,City of Wylie, Lavon Lake,Texas initiates agreement no. COOPLAW-09WYLIE between the City of Wylie and the U.S.Army Corps of Engineers,Lavon Lake. This agreement is for the provision of additional law enforcement services from 23 May 2009 through 07 September 2009 for a sum not to exceed$54,175.39. If the agreement is satisfactory,please have both enclosed copies signed by the appropriate county official.Please keep one copy for your records and return the second copy to the Lavon Lake Office. If you have any questions,feel free to contact me at 972/442-3141.Thank you for your cooperation. Sin • y, J. e urph tural Resdurce Manager Enclosures CF: CESWF-OD-TN CESWF-RM Wylie Police Department 2009 Lake Patrol Calculations Patrol Officers: 836 hrs. X 41.16 (avg. oft rate) 34409.76 Supervisor: 15 hrs. x 62.85 (Lt. Atkison's rate) 942.75 Clerical Support: 20 hrs. X 19.61 392.20 Dispatcher (weekend only) 137 hrs. X 28.30 3877.10 FICA/Medicare 0.0765 X 39621.81 3031.06 Liability Insurance (police officer's) .31 X 836 259.16 TMRS: (retirement system) .0996 X 39621.81 3946.33 Workers Comp: .0528 X 39621.81 2092.03 Vehicle Allowance: 9500 X .55 5225.00 (Mileage Estimate) Total: 54175.39 Hourly: 54175.39/ 836 = 64.80 per hour COOPERATIVE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND CITY OF WYLIE,TEXAS FOR THE PROVISION OF ADDITIONAL LAW ENFORCEMENT SERVICES This agreement,entered into by the U.S.Army Corps of Engineers,Fort Worth District (hereinafter referred to as the Corps)and City of Wylie(hereinafter referred to as the Cooperator),witnesseth that: WHEREAS,the construction of Lavon Lake(hereinafter called the "Project")was authorized by the Rivers and Harbors Act,Public Law 14,71th Congress,approved 02 March 1945,and the provision of recreation resources in Lavon Project was authorized by Section 4 of the 1944 Flood Control Act, as ammended(16 U.S.C.460d); and. WHEREAS,it is the responsibility of the Corps, in administering the Project lands,to provide the public with safe and healthful recreational opportunities; and WHEREAS,the Cooperator has the authority to enforce the state and local laws for City of Wylie,Texas on such lands, and WHEREAS, Section 120 of the Water Resources Development Act of 1976(Public Law 94-587)authorizes the Corps to contract with states and their political subdivisions for the purpose of obtaining increased law enforcement services on project lands to meet needs during peak visitation periods;and WHEREAS,it is in the best interests of the Corps to obtain the assistance of the Cooperator in the enforcement of state and local laws on project lands. NOW,THEREFORE,the parties hereto mutually agree as follows: Article 1. Plan of Operation. (a) The Corps and the Cooperator have agreed to a Plan of Operation which describes the scope and extent of law enforcement services to be provided by the Cooperator in accordance with this agreement. Such Plan of Operation, as concurred in by the Cooperator,is attached hereto as Appendix A and made a part hereof. (b) It is recognized and understood that the Corps and the Cooperator may,at the request of either,renegotiate the Plan of Operation. The renegotiated Plan of Operation shall,upon written acceptance thereof by both parties,supersede Appendix A. Article 2. Obligations of the Cooperator. (a) The Cooperator agrees to furnish additional law enforcement services as follows: (1) Normal,emergency,or unanticipated enforcement of civil and criminal laws of the state and local jurisdiction on Project lands and waters without claim for reimbursement under this agreement. This agreement does not diminish or otherwise limit the existing law enforcement responsibilities of state or local law enforcement agencies. (2) The enforcement of the civil and criminal laws of the state and applicable local laws on project lands in accordance with the schedules and duties described in the Plan of Operation, with payment by the Corps in accordance with Article 3 of this agreement. (b) The Cooperator agrees to provide personnel,equipment,and supplies which are required in order to provide the law enforcement services requested by the Corps in accordance with subparagraph(a) above. (c) The Cooperator agrees to prepare a Daily Enforcement Log of a format provided or approved by the Corps and to submit this log to the Corps at least once a month throughout the effective period of the current Plan of Operation. (d) The Cooperator agrees to assign only those personnel who are qualified and trained pursuant to the requirements of state and local laws and regulations to undertake the law enforcement services to be provided under Article 2(a)(2). Where state and local standards for the qualifications of law enforcement personnel do not exist,the Cooperator will advise the Corps of the experience,qualifications and training of those personnel expected to be assigned law enforcement duties under this agreement and assign such duties to them only with the approval of the Corps. Article 3. Obligation of the Government. Subject to the availability of funds,the Corps agrees to pay the Cooperator for the total cost of the law enforcement services to be provided in accordance with the obligations agreed to be undertaken by the Cooperator in Article 2(a)(2), including the costs of operation and maintenance of such equipment as is required for the provision of such services identified in the Plan of Operation under Article 1. At the request of the Cooperator,partial payments may be made as the law enforcement services are performed based on billings as identified in the Plan of Operation under Article 1 and approved by the Corps. Article 4. Period of Services. The period of this agreement shall be from the date of execution until terminated by mutual agreement,or on written notice from either party to the other,as set forth in Articles 6 and 10. Article 5. Disputes(Jul 2002)FAR 52.233-01. (a) This contract is subject to the Contract Disputes Act of 1978,as amended(41 U.S.C. 601-613). (b) Except as provided in the Act,all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim," as used in this clause,means a written demand or written assertion by one of the contracting parties seeking, as a matter of right,the payment of money in a sum certain, the adjustment or interpretation of contract terms,or other relief arising under or relating to this contract. A claim arising under a contract, unlike relating to that contract,is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph(d)(2)below. A Voucher, invoice,or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act,by complying with the submission and certification requirements of this clause,if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d) (1) A claim by the contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) For Contractor claims exceeding$50,000,the Contractor shall submit with the claim a certification that- (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Contractor's knowledge and belief; and (iii) The amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable. (3) (i) If the Contractor is an individual,the certification shall be executed by that individual. (ii) If the Contractor is not an individual,the certification shall be executed by- (A) A senior company official in charge at the contractor's plant or location involved; or (B) An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs. (e) For Contractor claims of$50,000 or less,the Contracting Officer must,if requested in writing by the Contractor,render a decision within 60 days of the request. For Contractor-certified claims over$50,000, the Contracting Officer must,within 60 days,decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) At the time a claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor,the parties,by mutual consent,may agree to use alternative means of dispute resolution. When using alternated dispute resolution procedures, any claim,regardless of amount, shall be accompanied by the certification described in paragraph (d)(2)of this clause, and executed in accordance with paragraph(d)(3)of this clause. (h) The Government shall pay interest on the amount found due and unpaid from(1)the date the contracting Officer receives the claim(properly certified if required),of(2)the date payment otherwise would be due,if that date is later,until the date of payment. Simple interest on claims shall be paid at the rate,fixed by the Secretary of the Treasury as provided in the Act,which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-moth period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract,pending final resolution of any request for relief,claim,appeal,or action arising under the contract,and comply with any decision of the Contracting Officer. Article 6. Default. In the event that either party to this agreement fails to meet any of its obligations hereunder, the other party may immediately terminate the whole or any part of this agreement. Such termination shall be effected by written notice of either party to the other. Article 7. Exclusion of Federal Employee Benefits. It is understood and agreed that the services to be provided by the Cooperator and its employees shall not be considered t s fall within the scope of Federal employment,that the Cooperator and its employees shall not be considered as agents or employees of the Federal government, and that none of the benefits of Federal employment will be conferred under the terms of this agreement. Article 8. Release of Claims. To the extent permitted by law, the Cooperator agrees to hold and save the Corps, its officers,agents or employees,harmless from liability of any nature or kind, for or on account of any claims for damages that may arise during the performance of the law enforcement services by the Cooperator under this agreement. Article 9. Transfer or Assignment. The Cooperator shall not transfer or assign this agreement, nor any rights acquired thereunder,nor grant any interest,privilege,or license whatsoever in connection with this agreement without the approval of the Corps. Article 10. Termination for Convenience(Apr 1984)FAR52.249-04. The Corps or Cooperator may,on 30 days written notice,terminate this agreement,in whole or in part,when it is in the best interests of either party. If this agreement is so terminated,the Corps shall be liable only for payment in accordance with the payment provisions of this agreement for services rendered prior to the effective date of termination. Article 11. Equal Opportunity(Apr 2002)FAR 52.222-26. (a) If,during any 12-month period(including the 12 months preceding the award of this contract),the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of$10,000,the Contractor shall comply with subparagraphs(b)(1)through(11)below. Upon request,the Contractor shall provide information necessary to determine the applicability of this clause. (b) During performing this contract,the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race,color,religion,sex,or national origin. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race,color,religion, sex,or national origin. This shall include,but not be limited to(i)employment, (ii)upgrading, (iii)demotion, (iv)transfer, (v)recruitment or recruitment advertising, (vi)layoff or termination, (vii)rates of pay or other forms of compensation,and(viii)selection for training, including apprenticeship. (3)The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The contractor shall, in all solicitations or.advertisements for employees placed by or on behalf of the Contractor,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex, or national origin. (5) The Contractor shall send,to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding,the notice to be provided by the Contracting Officer advising the labor union or workers'representative of the Contractor's commitments under this clause,and post copies of the notice in conspicuous places available to employees and applicants for employment. (6) The Contractor shall comply with Executive Order 11246,as amended,and the rules, regulations,and order of the Secretary of Labor. (7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246,as amended, and by the rules,regulations,and orders of the Secretary of Labor. Standard Form 100(FRO-1), or any successor form,is the prescribed form to be filed within 30 days following the award,unless filed within 12 months preceding the date of award. (8) The Contractor shall permit access to its books,records, and accounts by the contracting agency or the Office of Federal Contract Compliance Programs(OFCCP)for the purposes of investigation to ascertain the Contractor's compliance with the applicable rules, regulations,and orders. (9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule,regulation,or order of the Secretary of Labor,this contract may be canceled,terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts,under the procedures authorized in Executive Order 11246,as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended,the rules,regulations, and orders of the Secretary of Labor,or as otherwise provided by law. (10) The Contractor shall include the terms and conditions of subparagraph(b)(1) through(11)of this clause in every subcontract or purchase order that is not excepted by the rules,regulations,or orders of the Secretary of Labor issued under Executive Order 11246,as amended,so that these terms and conditions will be binding upon each subcontractor or vendor. (11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing these terms and condition, including sanctions for noncompliance;provided,that if the Contractor becomes involved in,or is threatened with,litigation with a subcontractor or vendor as a result of any direction,the Contractor may request the United States to enter into the litigation to protect the interests of the United States.(c) Notwithstanding any other clause in this contract,disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. Article 12. Gratuities(Apr 1984)FAR 52.203-311. (a) The right of the Contractor to proceed may be terminated by written notice if,after notice and hearing,the agency head or a designee determines that the Contractor,its agent,or another representative- (1) Offered or gave a gratuity(e.g.,an entertainment or gift)to an officer,official,or employee of the Government; and (2) Intended,by the gratuity,to obtain a contract or favorable treatment under a contract. (b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction. (c) If this contract is terminated under paragraph(a)above,the Government is entitled- (1) To pursue the same remedies as in a breach of the contract; and (2) In addition to any other damages provided by law,to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned,as determined by the agency head or a designee. (This subparagraph(c)(2)is applicable only if this contract uses money appropriated to the Department of Defense.) (d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. Article 13. Examination of Records by Comptroller General. The Cooperator agrees that the Comptroller General of the United States or any of his duly authorized representatives shall,until the expiration of three years after final payment under this agreement or such less time specified in Appendix M of the Defense Acquisition Regulation have access to and the right to examine any directly pertinent books, documents,papers,and records of the Cooperator involving transactions related to this agreement. Article 14. Audit by Department of Defense. Upon request,the Cooperator shall provide,and the Corps shall have the right to examine,books,records,documents,and other evidence of accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of this agreement. Article 15. Service Contract Act of 1965, as Amended(Jul 2005)FAR 52.222-41 (a)Definitions. "Act,"as used in this clause,means the Service Contract Act of 1965, as amended(41 U.S.C. 351, et seq.). "Contractor,"as used in this clause or in any subcontract,shall be deemed to refer to the subcontractor,except in the term"Government Prime Contractor." "Service employee,"as used in this clause,means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative,or professional capacity,as these terms are defined in Part 541 of Title 29,Code of Federal Regulations, as revised.It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons. (b)Applicability.This contract is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor(29 CFR Part 4).This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C.356,as interpreted in Subpart C of 29 CFR Part 4. (c)Compensation. (1)Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor,or authorized representative,as specified in any wage determination attached to this contract. (2) (i)If a wage determination is attached to this contract,the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e.,the work to be performed is not performed by any classification listed in the wage determination)so as to provide a reasonable relationship(Le.,appropriate level of skill comparison)between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph(c). (ii)This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444,Request For Authorization of Additional Classification and Rate,to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444(which must include information regarding the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor.The Wage and Hour Division will approve,modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary. (iii)The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken.Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination. (iv) (A)The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula.The.approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may,for example,be relied upon.Guidance may also be obtained from the way different jobs are rated under Federal pay systems(Federal Wage Board Pay System and the General Schedule)or from other wage determinations issued in the same locality.Basic to the establishment of any conformable wage rate(s)is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed. (B)In the case of a contract modification, an exercise of an option,or extension of an existing contract,or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph(c)of this clause,a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing(i.e.,adjusting)the previous conformed rate and fringe benefits by an amount equal to the average(mean)percentage increase(or decrease,where appropriate)between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination.Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees,the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision(c)(2)(ii)of this clause need not be followed. (C)No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1)of the Fair Labor Standards Act of 1938,as amended. (v)The wage rate and fringe benefits finally determined under this subparagraph(c)(2)of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification.Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (vi)Upon discovery of failure to comply with subparagraph(c)(2)of this clause,the Wage and Hour Division shall make a final determination of conformed classification,wage rate,and/or fringe benefits which shall be retroactive to the date•such class or classes of employees commenced contract work. (3)Adjustment of compensation. If the term of this contract is more than 1 year,the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years,under wage determinations issued by the Wage and Hour Division. (d)Obligation to furnish fringe benefits.The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under subparagraph(c)(2)of this clause by furnishing equivalent combinations of bona fide fringe benefits,or by making equivalent or differential cash payments,only in accordance with Subpart D of 29 CFR Part 4. (e)Minimum wage.In the absence of a minimum wage attachment for this contract,neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract(regardless of whether the person is a service employee)less than the minimum wage specified by section 6(a)(1)of the Fair Labor Standards Act of 1938.Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee. (f)Successor contracts.If this contract succeeds a contract subject to the Act under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement,in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits,neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work(regardless of whether or not such employee was employed under the predecessor contract),less than the wages and fringe benefits provided for in such collective bargaining agreement,to which such employee would have been entitled if employed under the predecessor contract,including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement.No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or the Secretary's authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality,or determines,as provided in 29 CFR 4.11,that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations.Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations,the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract,in accordance with the decision of the Administrator,the Administrative Law Judge,or the Board of Service Contract Appeals,as the case may be,irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract(53 Comp. Gen. 401 (1973)).In the case of a wage determination issued solely as a result of a finding of substantial variance,such determination shall be effective as of the date of the final administrative decision. (g)Notification to employees.The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract,or shall post the wage determination attached to this contract.The poster provided by the Department of Labor (Publication WH 1313)shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a)(4)of the Act and of this contract. (h)Safe and sanitary working conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary,hazardous,or dangerous to the health or safety of the service employees.The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925. (i)Records. (1)The Contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work,and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division,Employment Standards Administration,a record of the following: (i)For each employee subject to the Act-- (A)Name and address and social security number; (B)Correct work classification or classifications,rate or rates of monetary wages paid and fringe benefits provided,rate or rates of payments in lieu of fringe benefits,and total daily and weekly compensation; (C)Daily and weekly hours worked by each employee;and (D)Any deductions,rebates,or refunds from the total daily or weekly compensation of each employee. (ii)For those classes of service employees not included in any wage determination attached to this contract,wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph(c)of this clause.A copy of the report required by subdivision(c)(2)(ii)of this clause will fulfill this requirement. (iii)Any list of the predecessor Contractor's employees which had been furnished to the Contractor as prescribed by paragraph(n)of this clause. (2)The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division. (3)Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract,and in the case of failure to produce these records,the Contracting Officer,upon direction of the Department of Labor and notification to the Contractor,shall take action to cause suspension of any further payment or advance of funds until the violation ceases. (4)The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (j)Pay periods. The Contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction(except as otherwise provided by law or regulations,29 CFR Part 4), rebate,or kickback on any account.These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued.A pay period under this Act may not be of any duration longer than semi-monthly. (k) Withholding of payments and termination of contract.The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor.In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act,the Contracting Officer may,after authorization or by direction of the Department of Labor and written notification to the Contractor,take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work.In such event,the Government may enter into other contracts or arrangements for completion of the work,charging the Contractor in default with any additional cost. (1)Subcontracts.The Contractor agrees to insert this clause in all subcontracts subject to the Act. (m)Collective bargaining agreements applicable to service employees.If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed,the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits,including any prospective increases,to service employees engaged in work on the contract,and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract,in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof. (n)Seniority list.Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor(predecessor)or successor(29 CFR 4.173),the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract. (o)Rulings and interpretations. Rulings and interpretations of the Act are contained in Regulations, 29 CFR Part 4. (p)Contractor's certification. (1)By entering into this contract,the Contractor(and officials thereof)certifies that neither it (nor he or she)nor any person or firm who has a substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under section 5 of the Act. (2)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under section 5 of the Act. (3)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (q) Variations, tolerances, and exemptions involving employment.Notwithstanding any of the provisions in paragraphs(b)through(o)of this clause,the following employees may be employed in accordance with the following variations,tolerances,and exemptions,which the Secretary of Labor,pursuant to section 4(b) of the Act prior to its amendment by Pub.L.92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business: (1)Apprentices, student-learners,and workers whose earning capacity is impaired by age, physical or mental deficiency,or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a)(1)or 2(b)(1)of the Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a)(2)of the Act,in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners,handicapped persons,and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938,in the regulations issued by the Administrator(29 CFR Parts 520,521,524,and 525). (2)The Administrator will issue certificates under the Act for the employment of apprentices, student-learners,handicapped persons,or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938,or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages(but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938(29 CFR Parts 520,521,524,and 525). (3)The Administrator will also withdraw,annul,or cancel such certificates in accordance with the regulations in 29 CFR Parts 525 and 528. (r)Apprentices.Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S.Department of Labor,or if no such recognized agency exists in a State,under a program registered with the Office of Apprenticeship Training,Employer,and Labor Services (OATELS),U.S. Department of Labor.Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed.The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program,expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination.The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. (s)Tips.An employee engaged in an occupation in which the employee customarily and regularly receives more than$30 a month in tips may have the amount of these tips credited by the employer against the minimum wage required by section 2(a)(1)or section 2(b)(1)of the Act,in accordance with section 3(m)of the Fair Labor Standards Act and Regulations,29 CFR Part 531. However,the amount of credit shall not exceed$1.34 per hour beginning January 1, 1981.To use this provision-- (1)The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2)The employees must be allowed to retain all tips(individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); (3)The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; and (4)The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c)of the Act. (t)Disputes concerning labor standards.The U.S.Department of Labor has set forth in 29 CFR Parts 4,6,and 8 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract.Disputes within the meaning of this clause include disputes between the Contractor(or any of its subcontractors)and the contracting agency,the U.S.Department of Labor,or the employees or their representatives. Article 16. Any changes in the provisions of this agreement,which are necessary and proper will be made by formal amendment signed by both parties. IN WITNESS WHEREOF,the parties hereto have executed this agreement as of the day and year first written above. U.S.ARMY CORPS OF ENGINEERS CITY OF WYLIE FORT WORTH DISTRICT BY: BY: June Wohibach Eric Hogue, Mayor Contracting Officer City of Wylie DATE: DATE: RESUME OF NEGOTIATIONS On 16 March 2009,Trinity Project Recreation Specialist James Murphy contacted Lt. Mike Atchinson concerning an agreement for additional surveillance by the Wylie Police Department at Lavon Lake during the summer of 2009. The proposed schedule of services would be for approximately 836 hours of surveillance. The City Manager approved a Resolution Order for consideration and approval of request that the City of Wylie enter into an agreement with the U. S. Army Corps of Engineers for law enforcement services around Lavon Lake. The City Auditor computed the hourly rate to be $ 64.80 per man-hour as shown in the projection of costs for the contract. The projection of costs is based on 836 hours total using one or two patrol officers each week as scheduled, including all required equipment. Wylie officials agree with the Lake Manager that additional law enforcement surveillance is needed at Lavon Lake and that this additional surveillance is only possible by contract. The Wylie Police Department will continue to answer calls and provide the existing level of surveillance without compensation. 30�17� RPHY Date JOHN DUSCIO Date Natur esource Manager Chief Lavo Lake Office Wylie Police Department WYLIE POLICE DEPARTMENT 2009 LAKE PATROL CALCULATIONS Patrol Officers: 836 hours x $41.16 (avg. o/t rate) $34,409.76 Supervisor: 15 Hours x $62.85 (Lt. Atkinsont rate) $ 942.75 Clerical Support: 20 Hours x $19.61 $ 392.20 Dispatcher: (weekend only) 137 hours x $28.30 $3,877.10 FICA/ Medicare: 0.0765 x $39,621.81 $3,031.06 Liability Insurance: (Police Officers) 0.31 x 836 $ 259.16 TMRS: (retirement system) .0996 x $39,621.81 $ 3,946.33 Workers Compensation: .0528 x $39,621.810 $ 2,092.03 Vehicle Allowance: (estimated mileage) 9500 x $.55 $ 5,225.00 Total: $ 54,175.39 $54,175.39/ 836 hours =$64.80 per hour Appendix A 1. The Wylie Police Department agrees to provide supplemental law enforcement services (enforcement of state criminal and civil laws and local criminal and civil laws above and beyond normal coverage)on U.S.Government Property within Wylie City Limits at Lavon Lake. Standard surveillance will be concentrated primarily in developed park areas. Standard surveillance will include vehicular patrol of the areas listed below and other areas of government property as requested by Corps Personnel(e.g. outlying areas of government property within the Wylie city limits experiencing problems with off-road vehicles,etc.). Lavon Lake: East Fork Park,Avalon Park,Lake Office and Spillway area,Lavon Dam, Lavonia Park,Motocross Area,Mallard Park,Little Ridge Park, and Pebble Beach Park. 2. The Wylie Police Department agrees to provide the following law enforcement services: a. Patrol the areas listed in paragraph one. b. Maintain order in the park areas. c. Control traffic by visual observation and by the use of electronic radar units. d. Inform park users of federal,state, and local laws and regulations through personal contacts. e. Cite or arrest violators committing applicable offenses. f. Respond to calls for assistance by Corps of Engineer Park Rangers. 3. Patrols will begin on the first scheduled day shown on the patrol schedule after receiving notice that this agreement has been approved. 4. Wylie Officers will adjust their patrol schedules and routes to serve specific parks or other areas as requested by Corps personnel. Permanent park rangers may make temporary adjustments in patrol schedules and routes, as they deem necessary. 5. The Chief of Police and the Lavon Lake Manager will agree to and approve all permanent schedule adjustments. 6. Patrol officers will prepare a Daily Law Enforcement Log in accordance with the attached Appendix B format. The log will be completed in detail and submitted to Lavon Lake Office at the end of each week. Copies of arrest rep:nts and accident reports(for arrests and accidents occurring on government property)will be submitted or faxed to the Lavon Lake Office as soon as possible.The fax number for the Lavon Lake Office is 972/442-1109. Copies of log sheets for Wylie Police Department records will be the responsibility of Wylie Police Department. 7.Wylie officers will remain in the lake area(in the parks and/or moving between parks or other areas of government property). If an emergency situation arises that makes it necessary for an officer to leave the lake area,that officer will,if possible,contact the permanent park ranger on duty and advise him or her of the situation. The officer will also note the time he or she left the lake area,the purpose for having to leave,and the time returned to the lake area on the Daily Law Enforcement Log. 8.All officers will wear the standard uniforms normally worn by the Wylie Police Department personnel. 9.All patrol vehicles will have the standard insignia and markings normally used by the Wylie Police Department. Patrol vehicles will also be equipped with standard law enforcement type lights,radios,and any other equipment necessary to perform the required services. The Wylie Police Department will furnish and maintain one portable radar unit for at least one patrol unit per shift. The Wylie Police Department will be responsible for all vehicle costs. This includes insurance,fuel,maintenance,and any other costs associated with the operation of each vehicle. 10. Officers will notify the permanent park ranger on duty of any accidents,fatalities,missing persons,or serious crimes that occur on government property. 11. The duration of this agreement will be for a total of 816 man-hours.The total cost(per the City of Wylie cost breakdown)for the time period indicated will be$54,175.39. ($ 64.80/man-hour x 836 man-hours=$54,175.39) 12. The cost per patrol unit,for providing law enforcement services described in paragraph 2, will be$64.80 per man-hour. A patrol unit will consist of a vehicle,one certified law enforcement officer,and all the equipment necessary for the performance of the officer's duties. 13.The Wylie Police Department will provide the Lake Manager with a request for payment for reimbursable services performed each month. The request for payment will be based on the number of patrol hours involved. The request for payment must include the starting and ending dates of the billing period in question.The request for payment will be submitted no later than five calendar days after the close of the month being reported. Failure to meet the criteria mentioned above may result in delayed payment. The total cost of services provided during the term of this agreement may not exceed$54,17539. 14. The following individuals are designated to issue and receive requests for reimbursable law enforcement services under this agreement: Corps of Engineers Representative James Murphy Lake Manager 3375 Skyview Drive Wylie,TX 75098 972/442-3141 Fax 972/442-1109 Wylie Police Department Representative John Duscio Chief of Police 2000 N. Hwy 78 Wylie,TX 75098 972/442-8171 15.The Lake Manager or his representative will conduct an orientation for all officers and supervisors that will be participating in this agreement. The purpose of this orientation will be to familiarize the law enforcement personnel with the policies and procedures of the Corps of Engineers and to familiarize Corps personnel with the functions and duties of the Wylie Police Department. If an officer begins providing the services of this agreement after the initial orientation,he or she will be required to meet with the Lake Manager or his representative before beginning work. 16. State and local law enforcement agencies generally have the same authority and responsibilities on U.S.Army Corps of Engineers' property as they do elsewhere in their respective jurisdictions. Therefore,requests by the Corps of Engineers for emergency law enforcement or responses by Wylie Police Department to situations occurring outside of the scope of this agreement will not be reimbursable. (E.g. officers responding to a call on government property after the scheduled patrol hours, officers working a call on government property and having to stay past the scheduled patrol time,etc.) 17. The initial patrol schedule will be as follows: Normal Schedule • May 23, 2009-September 07,2009 Day Shift(s) No.of 1 Man Hours Units Monday 1900-2300 1 4 Tuesday 1900- 2300 1 4 Wednesday 1900-2300 1 4 Thursday 1900- 2300 1 4 Friday 1900-2300 1 4 Saturday 1300-2100 1 1500- 2300 1 16 Sunday 1300- 2100 1 1500- 2300 1 16 Special Schedules* Date Shifts) No.of 1 Man Units Hours May 25,2009 1300-2100 1 16 1500-2300 1 July 4,2009 1300—2100 1 16 1500—2300 1 September 7, 2009 1300-1900 1 12 1700-2300 1 *Special Schedules replace normal schedules for dates indicated Appendix B DAILY LAW ENFORCEMENT LOG For Reports Required Under Contract Number with the U. S.Army Corps of Engineers Contractor Project Officers Name(s) Date Period Worked on Government Property Total Number of Hours Number of Complaints Number of Arrests and Type of Complaint: Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 12, 2009 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: May 6, 2009 Budgeted Amount: Exhibits: 9 Subject Consider, and act upon, conditional approval of a Replat for Moss Addition. Subject property being generally located on the north side of FM 544 approximately 1,337 feet west of Springwell Pkwy. Recommendation Motion to approve a Replat creating two commercial/retail lots for the QT Eight Hundred Ninety Four Addition subject to the filing of the Declaration of Easements Agreement with Collin County for Lot 1, Block A Williams Addition. Discussion The property totals 3.6137 acres and would create two commercial/retail lots of 2.4206 and 1.1931 acres. The property is zoned Commercial Corridor (CC) District and was originally plated as 'Moss Addition' in January 1993, which also included a tract immediately to the west (Lot 2, Block 1). That property was replatted as `Children's Lighthouse' in February 2007. This replat further subdivides the original Lot 1, Block 1 into two separate lots. This plat creates a fire lane and cross access easement between the two lots, including an easement that includes a small portion of Lot 1, Block A of the `Williams Addition' to the east. This Replat was originally submitted in November of 2008, but was withdrawn by the applicant after the applicant was unable to secure a permit from TxDOT regarding a curb cut on FM 544 nor secure a Separate Instrument creating the fire lane and access easement on the adjacent property. The applicant is proposing to construct drive improvements on the property directly to the east (Lot 1, Block A Williams Addition) of the site without ownership of that property. The applicant has presented the document that will act as the Separate Instrument (DECLARATION OF EASEMENTS) if the plat is approved. Upon approval, the applicant will then file the proper documentation to secure the offsite easement for the fire lane and access easement. The Separate Instrument is worded as such that the agreement will run with the land regardless of owner. TxDOT has approved the access driveway on FM 544 (Exhibit G). The applicant is asking for conditional approval of this plat due to real estate concerns. If approved, the applicant is aware that the P&Z Chairman and the Mayor will not sign the plat until the signed, filed Separate Page 1 of 2 Page 2 of 2 Instrument has been presented to the Planning Department. In addition, no permits for public improvements will be issued until the Declaration of Easements has been properly filed. Upon Planning's receipt of the filed copy of the DECLARATION OF EASEMENTS, the conditional approval automatically converts to final approval of the Replat. Planning Commission voted 3-1 to recommend conditional approval of the replat. Approved By Initial Date Department Director RO��Y 05/06/09 City Manager 1 3-4(0? • LINE „ N DIRECTION DISTANCE OWNER'S CERTIFICATE s., s xcx.xeCt B NUMBER DELTA RADIUS LENGTH NORD!MARINO CHORD ( 1( CWMTr w wu0N f all of tot I, SRegistered Professional Land Surkeyo,,do hereby declare URVEYOR'S CERTIFICATION L. alligH6AS guiktrip GorpOrailon and GE Capitol Franchise Finance that this plat was predared from att aftual survey of the land and that the ss T s CURVE TABLE O. ,.rthe owners al a tract of land situated in the Lily of C supervision in Wylie,Texas. accordanceplatting lutes and U f,:or tne cctv a Wylie, orpOration are BIG,1.Moss Add4tion affording to the plat thereof rerorded in Cabinet II,Page ingc _ 7;fc,�.,,., — ® men.and Pounds as mu..,.CBI.Man Record,Collin County,Texas and being more particularly c=c,eee by DOCUMENT SHALL NOT BE RECORDED FOR.xv PURPOSE. Loomis ' ' ep;: 08 s e0rnree>afexa tohei Land Bur.•,. Mt•-,I..P•�Mo R p�w u.n:aa, . ment ecrdx mcnmeM, .m, at I COUNTY Or COLLIN ECmR M Ikeda,e,.M.N.eC.r.1 Nacoeds, , eor. a=as t000 saes Hawthorn ong nort way e south ine 1, Voss Addition,Sou.613 degrees,SD Minutes.34 seconds West_ a LOCATION MAP tIIJJJ Said Lot - e ler the Cuccdse,and BlOck 1. Mess Matt.,the sOutheast corner of Lot 3,Children•S Lighthouse Addition, aCcording to the plat thereOf recOrded in Okuoty Clerk's file No. GIVEN,melor,24 hand and seal of office this._day of 20070302010000690.map RecOrds,Coll.County.texas, THENCE,along the west/ine of said tot 1,Moss Additton,toe east line of said Lot 2.North 00 degrees,09 minutes.26 seconds West,a distance of 4,61 feet to of Texan a 1 2.iron rod found nith plastic cap clamped•CGO Inc R.P.L.S.512g•in the ss Addition,t e northeast right of lot northwest Csouth right o,way lire of onner or said LotNotary Pub,for and to the StateAPPROVAL RECOmVENDED FOR APPROVAL TWINGE,along said south right Of way line,the ourth line of said lett I, Block 196.46 feet to a 112.irOn rod found.the nortneast corner of said Lot I, Blank 1, ,Mss AdditIon, tne northwest corn,of said Le( t. Dio,k A. Witt teMs Addition; Citlt of Wylie,Teta, MN,along the east line of Said Lot I,Block I,Moss Addition,the west line of said Lot I.Block ,Williams Addition,SOnth 00 grees,21 minutes. 46 seconds of 260•21 feet to the POINT OF ____ _ '°_—c- ~ —+�__��_ ei-onO?•p oC 1b.O^c.r.l O nu.a.C.t of''sUOWMEeR'f DEDICATION «NTw and containing MavNOv.c rondcoxY'aecr�e,�as Date ity t. • 1 r------ -------__ __ �d M,aO�7.e s_e.�` N:N.THEREFORE, NO.ALL Max BY THESE PRESENTS. ..--..—_ THAT Ouiktrip Corporation and GE Capital Franchise finance Oorporation.aeting designating the herelnabove described, properly as Of EMT MIMEO MOIETY FOOS I W oac -- _:1_L�ta — herein ty and thrOugh it,duly authOrized officers,dOes hereby adopt this plat OOOITION.an addition to the City of and dOes nettle., in of he Mayor,City o y e,Texes pate I --in_----ad,toes ortc,,, streets and allays are dedicated for street purpases.4n,Easements and puhii, use areaS,as shown are for(he public use for the purposes The undersigned, the City S,rOttary of the City of dfile, Tex.. hefebT I 1 r amstt City fegoing final plat of tne fT Wk..T KIMONO NINETY FOOS , ea, s �dinupo,over or a3ross the ti`snloodocaCaFasexeote, ft approved by the City of eak he Planed inCount, or 18..7 action. then and there accepted the dedication of n addition.Utility EaSements nay also pe used far the mutual use a.acconnodation Of all public utilities Oesiring:aes,t Said use by public utilltkes beioil stetordinete to the stets,thee• se or using the same uniess the easement limits the use City Council on the day of ,2008 and tne street,alley,parks,easements, public places,and water and sewer lines as shown and set forth in WA Upon said plat and said Ccuntil further'antnerired d non tie as.adnn_e tteran v se e a is tama as nePe„atn,. a) any way elficiencv er or interfere with the : growths whentitles shall have the right to ref.`,and k..lt re..4.d ail..dartsendich xttnea r sue tot, day d ..p.apes I Iutility entities shall at all times nave the ,tl right of ingress and EgreSs to te 1 LOT 2 BLOCK 1 I insPecal° ue systems without the reading metyrs, and c'tv of.vtt..Texas anY time m anyone. 'FMwmNIouA �r I nedeseitY thisresu tsanstaf ins CIO. Ueeeleaastt`erordinances,rule, a Tttns and plat apprOved oectyt I 1 WITNESS.wy nand at Garland Texae this t ops I »InOh.M.Stanford € ..05 I �a.NNr P.O.sm.M.R.C.cr., 6.14. 61i N_ Outx,sM re..1.., 1 .1i e ii . i STATE OF TEEN E. igned authority,on this clay red Chad W. to be the per,n Mose name is he foregoing I SaexTrE.,e„ ,11,r.PAuta,.RTt, Ran t.do..o me aena.nR.nrra.dt he executed the nradae=osd df Oa.na<taxt a access tau•.xT under y and an _ y % N arse..t'f. \TI $I epuNTr are tEO�tet`or dear STATE OF'��I Try r c LOT 9BLOC 1 I I Notary 22 \ he pet son•hOse name is ' R.R cuN K la I Before me, the undo ee day perSonallY Wear. s ,,,,,A, subscribed to tne foregoing instrument anl -acknowledged Alg is g�g 8 ; \ I GIVENoffice Pay da n.attnd tty tn.OMn I I cb.as a.P.a xt.MacC _JS I 8 tv h` I xd a v Public,State d.Arizona FINAL PLAT t f"1 h M OT EIGHT HUNDRED NINETY FOUR ADDITION 1 Ic.BM[TH PaawMaccTl ^ {ib1M""'°'CE a°'MNcc,� ° w.P.rsutRcc ��I J zl BEING A REPLAT OF LOT I, BLOCK I, MOSS ADDITION ,r MrzasdM..rTMa.T m Naa zr sere.0 rz. tF, =wu 1 L rL sl J (CABINET H, PAGE 583. M.R.C.C.T.) LINE aatmecmoua emu—' ��_sa558,_--_--o O- � Y out of f I 1_i_i_____2 r 1_—_ r __ ___ HOSES SPARKS SURVEY, ABSTRACT No. 849 TROL -— —— --- J . =x CITY OF WYWE, COLLIN COUNTY, TEXAS OVINIEN LOT SA MUM LOT•i FAT. ac.Ptt a.' " Nwx Oilseed74:11 'SCI R,. rfNIMT aim wzrN.e.TT.ra 44 as.se.e`..,..a. Pu nt,0„N-x.d LO' v Store#894 DECLARATION OF EASEMENTS STATE OF TEXAS § COUNTY OF COLLIN § TIIIS DECLARATION OF EASEMENTS (this"Agreement") is made and entered into as of this _ day of March, 2009, by and between WYLIE CENTER, LLC, a Texas limited liability corporation (hereinafter "Grantor"), and QUIKTRIP CORPORATION, an Oklahoma corporation(hereinafter"QuikTrip"). WITNESSETH: WHEREAS, Grantor is the owner, in fee simple, of that certain parcel of land located in Collin County, Texas, and more particularly described on Exhibit A attached hereto (the "Grantor Property"); and WHEREAS,QuikTrip is the owner, in fee simple, of that certain parcel of land located in Collin County, Texas, and more particularly described on Exhibit B attached hereto (the "QuikTrip Property"); and WHEREAS, Grantor intends to grant to QuikTrip and the QuikTrip Property a visibility easement across, over and through the Grantor Property for the purpose of providing unobstructed visibility over, across and through the easement area to the QuikTrip Property all as shown on Exhibit C attached hereto and incorporated herein by this reference;and WHEREAS, Grantor desires to declare for the benefit of QuikTrip and the QuikTrip Property an Access Easement and a Temporary Construction Easement as more particularly set forth herein. NOW, THEREFORE, in consideration of the premises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Visibility Easement. Grantor hereby grants and conveys to QuikTrip, its successors and assigns, and the QuikTrip Property a permanent visibility easement (the "Visibility Easement") over, across, upon and through that portion of the Grantor Property shown on Exhibit C and labeled as the "Visibility Easement". The Visibility Easement shall provide for unobstructed visibility to the QuikTrip Property. Grantor shall not construct any above-grade improvements within the Visibility Easement. 2. Access Easement. A perpetual, non-exclusive and unobstructed access, ingress and egress easements over, across, upon and through those portions of the Grantor Property shown on Exhibit D and labeled as the "Wylie Center Access Easement" for the purpose of vehicular and pedestrian access, ingress and egress to and from the QuikTrip Property and the Grantor Property and for the purpose of installing, maintaining, repairing, replacing and utilizing C:\Documents and Settings\msnyder\Local Settines\Temporary Internet Files\OLl{'_2\#894 Wylie Center Easements 01 08 09(2).doc CM'4/14/2009 1 the curb cuts, driveways and related amenities located or to be located within the Wylie Center Access Easement. 3. Temporary Construction Easement. Grantor hereby grants, bargains, sells and for the benefit of QuikTrip, the QuikTrip Property, QuikTrip's invitees, customers, employees and agents a temporary construction easement (the "Temporary Construction Easement") on, over, upon, across, through and under those portions of the Grantor Property shown and labeled as the "Temporary Construction Easement" on Exhibit E, for use for normal construction activities while constructing improvements upon the QuikTrip Property and the Grantor Property as provided herein. The Temporary Construction Easement herein granted shall automatically terminate, without any further action by either party, upon the completion of the construction of the improvements upon the QuikTrip Property and the Grantor Property as provided herein. 4. Reservations of Easements by Grantor. Grantor hereby reserves onto itself the following easements for the benefit of the Grantor Property: a. Access Easement. A perpetual, non-exclusive and unobstructed access, ingress and egress easement over, across, upon and through those portions of the QuikTrip Property shown on Exhibit F and labeled as the "QuikTrip Access Easement" for the purpose of vehicular and pedestrian access, ingress and egress to and from the Grantor Property and the QuikTrip Property and for the purpose of utilizing the curb cuts, driveways and related amenities located or to be located within the QuikTrip Access Easement. The QuikTrip Access Easement and the Wylie Center Access Easement shall be collectively referred to as the"Shared Access Easement"hereinafter. 5. Cost and Expenses for Construction and Maintenance of Easement Areas. a. Initial Construction of Certain Improvements.QuikTrip,as part of QuikTrip's development of the QuikTrip Property, shall construct or improve the curb, gutter, and concrete drives located within the QuikTrip Access Easement. The curb, gutter, and concrete drive improvements located within the Shared Access Easement shall be referred to as the "Road Improvements"hereinafter. b. Responsibility for Costs and Expenses of Maintenance after Completion of Initial Construction. Each party herein, at its sole cost and expense, shall be responsible for maintaining, repairing and replacing all Road Improvements located on such party's respective property within the Shared Access Easement in a good and workmanlike manner and quality as the same or better than the initial construction of same, except such maintenance, repair and replacement as shall become necessary as the result of misuse of the Shared Access Easement by the other party or an invitee of such, the responsibility for which maintenance, repair or replacement shall be at such other respective party. The Road Improvements located within the Shared Access Easement shall not be altered, changed or modified(except for routine maintenance and repair) without the prior written consent of QuikTrip and Grantor, such consent to not be unreasonably withheld so long as the proposed modifications would not materially impair or impede the use of the Shared Access Easement by the parties herein. C:\Docartrents and Settings\msnydcr\Local settings\Temporary Internet Piles\OLK22\4894 Wylie Center Easements 01 08 09(2).doc CKP 4/14/2009 In the event that any Owner fails to maintain the Road Improvements for which such Owner is responsible in accordance with the requirements of this Agreement (the "Defaulting Owner"), and such failure continues for thirty (30) days (or if such maintenance cannot reasonably be performed within such 30 day period, then within a reasonable period) following written notice of such failure from another Owner (the`Nondefaulting Owner"),then the Nondefaulting Owner shall have the right to conduct such maintenance, and, in such event, the Defaulting Owner shall, within thirty (30) days following receipt of demand from the Nondefaulting Owner, pay to the Nondefaulting Owner all costs of such maintenance together with any other costs incurred by the Nondefaulting Owner arranging for and performing such activities. 6. Title. Grantor does hereby covenant and represent that it is lawfully seized with a valid fee simple title in the Grantor Property and has the right and authority to convey the easements herein granted. 7. Miscellaneous. The easements granted herein shall run with the land and shall inure to the benefit of and be binding upon the parties hereto and their successors-in-title. This Agreement is binding upon the parties hereto and their heirs, successors and assigns and may not be amended or modified except in writing signed by the parties hereto or their heirs, successors or assigns. C:\Documents and Settings\msnyder\Local Settings\Temporary Internet Files\OLK22\#894 Wylie Center Easements 01 08 09(2).dnc CKP 4/14/2009 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. "Grantor" "QuikTrip" Wylie Center,LLC QUIKTRIP CORPORATION By: By: Howard Beckerman Chad M. Stanford General Partner Director of Real Estate STATE OF § § COUNTY OF § This instrument was ACKNOWLEDGED before me on January _, 2009 by Notary Public My commission expires: STATE OF § § COUNTY OF § This instrument was ACKNOWLEDGED before me on January 2009 by Notary Public My commission expires: C:\Documents and ScttingsSmsnyder\Local Settings\Temporary Internet Files\0LK221#894 Wylie Center Easements 01 08 09(2).dac CKP 4/14/2009 4 Exhibit"A" "Grantor Property" LOT 1,BLOCK A,WILLIAMS ADDITION BEING a tract of land situated in the City of Wylie, Collin County, Texas out of the Moses Sparks Survey, Abstract No. 849 and all of Lot 1, Block A, Williams Addition according to the plat thereof recorded in Cabinet M, Page 487, Map Records, Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found with plastic cap stamped "CCG 1NC R.P.L.S. 5129" in the north right of way line of F.M. 544 (120' right of way), the southwest corner of said Lot 1, Block A, the southeast corner of Lot 1, Block 1, Moss Addition according to the plat thereof recorded in Cabinet H,Page 583,Map Records,Collin County,Texas; THENCE,along the west line of said Lot 1, Block A,the east line of said Lot 1, Block 1,North 00 degrees,21 minutes, 48 seconds East, a distance of 380.21 feet to a 1/2" iron rod found in the south right of way line of D.A.R.T.P.A.C.(100' right of way), the northwest corner of said Lot 1, Block A,the northeast corner of said Lot 1, Block 1; THENCE, along said south right of way line, the north line of said Lot 1, Block A, South 84 degrees, 10 minutes, 22 seconds East, a distance of 249.50 feet to a point,the northeast corner of said Lot 1,Block A,the northwest corner of Lot 2,of said Williams Addition; THENCE, along the east line of said Lot 1, Block A, the west line of said Lot 2, South 00 degrees, 09 minutes, 24 seconds East, a distance of 354.18 feet to a point in said north right of way line,the southeast corner of said Lot 1,Block A,the southwest corner of said Lot 2; THENCE, along said north right of way line, the south line of said Lot 1, Block A, South 89 degrees, 50 minutes, 34 seconds West, a distance of 251.59 feet to the POINT OF BEGINNING and containing 91,770 square feet or 2.1067 acres of land,more or less. C:\Documents and Settings\msnyder\Local Scttines\Temporary Internet Piles\OL1 22\#894 Wylie Center Easements 01 08 09(2).doc CKP 4/14/2009 5 Exhibit"B" "QuikTrip Property" QUIKTRIP TRACT BEING a tract of land in the City of Wylie, Collin County, Texas out of the Moses Sparks Survey, Abstract No. 849, and being a part of Lot 1, Block 1, Moss Addition, according to the plat thereof recorded in Cabinet H, Page 583, Map Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found with plastic cap stamped "CCG INC RPLS 5129" in the north right of way line of F.M. 544 (120' right of way), the southeast corner of said Lot 1, the southwest corner of Lot 1, Block A, Williams Addition, according to the plat thereof recorded in Cabinet M,Page 487,Map Records,Collin County, Texas; THENCE, along said north right of way line, the south line of said Lot 1, Block 1, South 89 degrees, 50 minutes,34 seconds West, a distance of 231.00 feet to a"X"cut set in concrete; THENCE, departing said common line, North 00 degrees, 21 minutes, 48 seconds East, a distance of 225.00 feet to a 5/8" iron rod set with plastic cap stamped "R.P.L.S. 5199"; THENCE,North 89 degrees, 50 minutes, 34 seconds East, a distance of 231.00 feet a 5/8" iron rod set with plastic cap stamped "R.P.L.S. 5199" in the east line of said Lot 1,Block 1, the west line of said Lot 1, Block A; THENCE, along the east line of said Lot 1,Block 1,the west line of said Lot 1, Block A, South 00 degrees, 21 minutes, 48 seconds West, a distance of 225.00 feet to the POINT OF BEGINNING and containing 51,973 square feet or 1.1931 acres of land,more or less. C:\Documents and Settings\msnyderLocal Settings\Temporary Internet Files\OLK22V1894 Wylie Center Easements 01 08 09(2).doc CKP 4/14/2009 6 Exhibit"C"(Page 1 of 2) "Visibility Easement" LEGAL DESCRIPTION BEING a tract of land situated in the City of 'Wylie, Collin County, Texas out of the Moses Sparks Survey, Abstract No. 849 and being part of Lot 1, Block A, Williams Addition according to the plat thereof recorded in Cabinet 11, Page 487, Map Records, Collin County, Texas and being more particularly described by metes and bounds as follows; BEGINNING at a 112' iron rod found with plastic cap stamped "CCG INC R.P.L.S. 5129" in the north right of way line of F.M. 544 (120' right of way), the southwest corner of said Lot 1, Block A, the southeast corner of Lot 1, Block 1, Moss Addition according to the plat thereof recorded in Cabinet H, Page 583, Map Records, Collin County, Texas; THENCE, along the west line of said Lot 1, Block A, the east line of said Lot 1, Block 1, North 00 degrees, 21 minutes, 48 seconds East, a distance of 100.00 feet to a point, From which a l!2" iron rod found in the south right of way line of D.A.R.T.P.A.C. {100' right of way}, the northwest corner of said Lot 1, Block A, the northeast corner of said Lot 1, Block 1, bears North 00 degrees, 21 minutes, 48 seconds East, a distance of 280.21 feet; THENCE, departing said common line, South 36 degrees, 41 minutes, 37 seconds East, a distance of 124,45 feet to a point in said north right of way line, the south line of said Lot 1, Block A; THENCE, along said north right of way line, the south line of said Lot 1, Block A, South 89 degrees, 50 minutes, 34 seconds West, a distance of 75.00 feet to the POINT OF BEGINNING and containing 3,750 square feet or 0.0881 acres of land, more or less. VISIBILITY EASEMENT ;;k PimaPuluiy LOT 1,BLOCK A,WILLIAMS ADDITION 'uuc t 1 (CABINET NI,PAGE*UP,M.R.C.0 T.) Pann Tctu 7J,f7. MOSES SPARKS SURVEY,ABSTRACT NO.EMS t 21 d.1=OC2 nic_ CITY OF WYLIfE,COLLIN COUNTY,TEXAS {4171 ti1_17117 Fix f}n:c: 11/24/2oCa Sealer '4/A Project `Co. OM4947 .n ulta.' 1 vrteei Sunck:C:ema=qtaceozi SHEET 1 OF 2 C:\Documents and 5ettin„s\msnyder\Local 5ettingslTemporary Internet Files\OLK22\4894 Wylie Center Easements 01 08 09(2).doc CKP 4/14/2009 7 Exhibit"C."(Page 2 of 2) "Visibility Easement" A BASIS OF BEARINGSLEGEND TEST LINE OP LOT 1. BLACK A N 00'2I'48' E Tt2' I.R.F.C. 1t2' IRON ROD POUND MIH PLASTIC (CABINET M, PAGE 467. AGR.C.C.T.) CAP STAUPED 'COG INC R.P.I.9. 9t2R' 6 5;Q' I,R,S, 5J11' IRON ROD SET 47ITH PLASTIC Q CAP 9TAN R PEO ' .1*,L.S. 5199' a.R.O.:.�T. DEED RECORDS, COLLI1 COUNTY, TEAS 3,R,F. IRON ROD FO°= rS a 30 60 11,A,C,C.T, DAP RECORDS, COLLIN= TY,, TEXAS _mum u. P.O.O. POINT OF osom Iu3 CS AI E/ 60' R.O,0, RIGHT-OF-AAY (YOL Uyg 547 83'242Eng.,o 4r48 —"c t .C—•.T) _-- _ --_____ 1/r 1R.F: S-�ti 1 1 1 1 ICE d. ii N1 vr0 m IAT 1, BLOCK L >.'s ;1 NOSS ADDITION 114 LOT L. ilLOCE A. (Gin= H, PAG6 583. 31.8-C.C.T-) E' 'E1IULIMS ADDITION $ (COVET M. PAGE 487, l.R.C.C.T.) oi -, o l C m 1 biStt1ILIFY EASEMEr41 \ (3,730 SQUARE FEET, i$.0001 ACRES) \fr Ia \'tea 1 12 \fi 1/2'I R.F,c 75.00' \i 178 59` — — _F.O.B. ^F. . 544 S gw'50.34- w 251.60' — M(120'R.O..W.) (CABINET H,PAGE 583 M.R.C.C.T.) VISIBILITY EASEMENT Sq;{?.Przun=uL..ly LOT 1,BLOCK*,WILLIAMS ADDITION I 5ua.117 (CABINET M.PACE 487,M.R.C.C,T4 P n Tccss �� MOSES SPARKS SURVEY,ABSTRACT NO.849 r ,�*142441811 Vn ce CITY OF WYL#,COLLIN COUNTY,TEXAS t� �,�..[7,� t47 I4TT-17u2:x4 Ore 11/24/2O 1 Scala: t"=50 Project No. 0014947 203RA Fl TA B v�•+JEt,U.1# .t-WW\'.Su rvr:XnuturrocR,, SHEET 2 OF 2 C:\Documents and Settings\msnyder\Local Settings\Temporary Internet Files10LK271it894 Wylie Center Easements 01 08 09(2).doc CKP 4/14/2009 8 Exhibit"D"(Page 1 of 2) "Wylie Center Access Easement" LEGAL DESCRIPTION BEING a tract of land situated in the City of Wylie, Collin County, Texas out of the Moses Sparks Survey, Abstract No. 849 and being part of Lot 1, Block A, Williams Addition according to the plat thereof recorded in Cabinet M, Page 487, Map Records, Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2' iron rod found with plastic cap stamped 'CCG INC R.P.L.S. 51294 in the north right of way line of F.M. 544 (120' right of way), the southwest corner of said Lot 1, Block A, the southeast corner of Lot 1, Block 1, Moss Addition according to the plat thereof recorded in Cabinet H, Page 583, Map Records, Collin County, Texas; THENCE, along the west line of said Lot 1, Block A, the east line of said Lot 1, Block 1, North 00 degrees, 21 minutes, 46 seconds East, a distance of 55 feet to a point, from which a 1/24 iron rod found in the south right of way line of D.A.R.T.P.A.C. (100' right of way) , the northwest corner of said Lot 1, Block A, the northeast corner of said Lot 1, Block 1, bears North 00 degrees, 21 minutes, 48 seconds East, a distance of 325.21 feet; THENCE, departing said common line, North 89 degrees, 50 minutes, 34 seconds East, a distance of 20.00 feet to a point; THENCE, South 00 degrees, 21 minutes, 48 seconds West, a distance of 55.00 feet to a point in said north right of way line, the south line of said Lot 1, Block A; THENCE, along said common line, South 89 degree, 50 minutes, 34 seconds West, a distance of 20.00 feet to the POINT OF BEGINNING and containing 1,100 square feet or 0.0253 acres of land, more or less. WYLIE CENTER EASEMENT 811 tirort�k,tizy LOT 1,BLOCK A,WILLIAMS ADDITION U suite I (CABINET M,PAGE 487,M.R.C.C.T.) �" Piano,TC[ 75074 MOSES SPARKS SURVEY,ABSTRACT NO.849 t 6.721424-7002 Voice CITY OF WYLIE,COLLIN COUNTY,TEXAS t972)633-1702Fax Date: 01/15/2009 Scale: N/A Project No. 0814947 31117N4 CO SALIkegig WWW.SurveyCnnsultantslnc.Cnm C:\Documents and Settings\msnyder\Local Settings\Temporary Internet riles\0LK22\1/894 Wylie Center Easements 01 08 09(2).doc CKP 4/14/2009 9 Exhibit"D"(Page 2 of 2) "Wylie Center Access Easement" BASIS OF BEARINGS LEGEND REST LINE OF LOT I, BLOCK A N 00'21'48" E tt2" F.R.f,C. 112' IRON ROD FOUND WITH PLASTIC {CABINET M. PAGE 487, )ti.R.C.C.T.) CAP STAMPED "CCO INC R.P.L.S. 5129" 5/8" I.R.S. 518' IRON ROD SET WITH PLASTIC NUMBER DIRECTION DISTANCE CAP STAMPED "R.P.L.S. 5199' L1 N OD'21"48' E SS,OD' D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS I.R.F. IRON ROD FOUND 0 30 GO L2 N 89°50'34" E 20.00' M.R.C.C.T. MAP RECORDS, COLLIN COUNTY, TEXAS 1011111 L3 S 00°21'48' W 55.00' P.0.8. POINT OF BEGINNING SCALE: 1'1-601 L4 S 89'50'34" W 20.00' R.O.W. RIGHT-OF-WAY —_— D,A.R.T,P.A.C. ______ 1/2" 1R.F. R.()of `(VOL..,... 9421. PAGE 128. D.R.C.C.T. 84.10'22"E 249,50`— —) 1 1 I I 1 Iui N 8. el N w I 0oio CO LOT 1, BLOCK 1 U v ^�1 MOSS ADDITION L./ E4 LOT 1, BLOCK A uoi (CABINET II, PAGE 583, M.R.C.C.T.) =a,10 WILLLAMS ADDITION M er_ z (CABINET It1, PAGE 487, M,E.C.C.T.) h Fsi t.O� N a d m Q to I I WYUE CENTER EASEMENT L2 /-(1,100 SQUARE FEET, 0.0253 ACRES) 1 I I 1/2"t.R.F.C. L4 _ 231.60' — _ _ __ _P.0.6. F.M. 544's 89.50'34" W 251.60'----_. _ — _ (120'MOM.) (CABINET H,PAGE 583,M.R.C.C.T.) WYLIE C NTER EASEMENT R11E.Plano Parkway LOT 1,BLOCK A,WILLIAMS ADDITION Suite 117 (CABINET M,PAGE 487,M.R.C.C.T.) CPlana,Texas 75074 MOSES SPARKS SURVEY,ABSTRACT NO.849 (972)42t-7002Voice CITY OF WYLIE,COLLIN COUNTY,TEXAS (9 7 21 633-170Z Him Date: 01/15/2009 Scale: 1'..60' Project No. 0814947 EgITWil Cons4AItarMov Om WWW.SurveyConsultantsrnc.Com C:\Documents and Settings\msnyder\Local Settings\Temporary Internet Files\0LK221lt894 Wylie Center Easements 01 08 09(2).doc CKP 4/14/2009 10 Exhibit"E" (Page 1 of 2) "Temporary Construction Easement" LEGAL DESCRIPTION BEING a tract of land situated in the City of Wylie, Collin County, Texas out of the Moses Sparks Survey, Abstract No. 849 and being part of Lot 1, Block A, Williams Addition according to the plat thereof recorded in Cabinet M, Page 487, Map Records, Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2° iron rod found with plastic cap stamped 'CCG INC R.P.L.S. 5129" in the north right of way line of F.M. 544 (120' right of way) , the southwest corner of said Lot 1, Block A, the southeast corner of Lot 1, Block 1 , Moss Addition according to the plat thereof recorded in Cabinet H, Page 583, Map Records, Collin County, Texas; THENCE, along the west line of said Lot 1, Block A, the east line of said Lot 1, Block 1, North 00 degrees, 21 minutes, 48 seconds East, a distance of 275.00 feet to a point, from which a 1/2' iron rod found in the south right of way line of O.A.R.T.P.A.C. (100' right of way), the northwest corner of said Lot 1, Block A, the northeast corner of said Lot 1, Block 1, bears North 00 degrees, 21 minutes, 48 seconds East, a distance of 105.21 feet; THENCE, departing said common line, North 89 degrees, 50 minutes, 34 seconds East, a distance of 50.00 feet to a point; THENCE, South 00 degrees 21 minutes 48 seconds West, a distance of 275.00 feet to a point in said north right of way line, the south line of said Lot 1, Block A; THENCE, along said north right of way line, the south line of said Lot 1, Block A, South 89 degrees 50 minutes 34 seconds West, a distance of 50.00 feet to the POINT OF BEGINNING and containing 13,750 square feet or 0.3157 acres of land, more or less. TEMPORARY CONSTRUCTION EASEMENT ftl t i Plow Parkway LOT 1,BLOCK A,WILLIAMS ADDITION Suite 117 (CABINET M,PAGE 48T,M.R.C.C.T.) Ptano,Tczas 75074 MOSES SPARKS SURVEY,ABSTRACT NO.1149 (472)424-7002 voice CITY OF WYLIE,COLLIN COUNTY,TEXAS t472l623-1702 Fax Date: 12/16/2008 Scale: N/A Project No. 0814947 rdtlt5,[ , VVW'W.Sur'cyCensultantclnc.Com C:1Documents and Settingsimsnyder\Local Settings\Temporary Internet Files\OLK221i'894 Wylie Center Easements 01 08 09(2).doe CKP 4/14/2009 11 Exhibit"E"(Page 2 of 2) "Temporary Construction Easement" BASIS OF BEARINGS LEGEND 'WEST LINE OF LOT 1, BLOCK A N 00'21'48" E 112" I.A.F,C. 1/2' IRON ROD FOUND WITH PLASTIC (CABINET M. PAGE 487, AI.E.C.C.T.) CAP STAMPED "CCG INC R.P.L.S. 5129" 5/8" I.A.S. 5/8' IRON ROD SET WITH PLASTIC NUMBER DIRECTION DISTANCE CAP STAMPED "R.P.L.S. 5199' L1 S 89°50'34" W 50.00' D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS I.R.F. IRON ROD FOUND 0 30 60 M.R.C.C.T. MAP RECORDS, COLLIN COUNTY. TEXAS mom mum P.O.B. POINT OF BEGINNING immom moo SCALE: 1•=60' R.O.W. RIGHT-OF-WAY D•A.R.T.A.A.C. -- —— 1/2" I.R.F. (IGO' R.O.1F.) _�_ — _(VOLU11fE 3424 P AGE 126. D.R.C.C.T.) S 8 0" E 249.50-- _ ,M — 0 lea Cia t__ N 0 O I N 89'50'34" E 5050'1 d. U di 173 in 7 LOT 1, BLOCK 1 �'7 MOSS ADDITION z w� 2 vt LOT 1, BLOCK A al (CABINET H, PAGE 583, M.R.C.C.T.) ta, re WILLIAMS ADDITION M a (CABINET M, PAGE 487, M.R.C.C.T.) 5N0 Qr. O N ,..0 0 w� a ,.�a h 0 M h O. ZZ N O N 0 w 01 I• N� r N 0 ar N O u Q 0 0 r� 0 z ¢ to Ir 0 0 to Nj { I—'.I.T., I t _ 1/2"I.R.F.C, LI _ _ S 89'50'34"_W 2_0_1.59' — — -- P.O.B. F.M. 544 5 59'50'34° W 251.50' (120'R.O.W.) (CABINET H,PAGE 583,M.R.C.C.T.) TEMPORARY CONSTRUCTION EASEMENTC a RI I E.Plano ratkuay LOT 1,BLOCK A,WILLIAMS ADDITION suite I17 (CABINET M,PAGE 487,M.R.C.C.T.) * I Plma.Texas 750,4 MOSES SPARKS SURVEY,ABSTRACT NO.849 i9721-t_4-7002 Voice CITY OF WYLIE,COLLIN COUNTY,TEXAS �y,,"�, ,CO85 LI� 1072)633-170 Fax Cate: 12/16/2008 Scale: 1"=60' Project No. 0814947_ G"" ""v `�Ng. W«'WSur e)Consullantsinc.Cnm C:\Docuntents and Settings\msnyder\Local Settings\Temporary Internet Files\OLK221#894 Wylie Center Easements OI 08 09(2).doc CKP 4/14/2009 12 Exhibit"F"(Page 1 of 2) "QuikTrip Access Easement" LEGAL DESCRIPTION BEING a tract of land situated in the City of Wylie, Collin County, Texas out of the Moses Sparks Survey, Abstract No. 849 and being part of Lot 1, Block 1, Moss Addition according to the plat thereof recorded in Cabinet H, Page 583, Map Records, Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found with plastic cap stamped "CCG INC R.P.L.S. 5129" in the north right of way line of F.M. 544 (120' right of way), the southwest corner of Lot 1, Block A, Williams Addition, according to the plat thereof recorded in Cabinet M, Page 467, Map Records, Collin County, Texas, the southeast corner of said Lot 1, Block 1; THENCE, along said north right of way line, the south line of said Lot 1, Block 1 , South 89 degrees, 50 minutes, 34 seconds West, a distance of 20.00 feet to a point; THENCE, departing said common line, North 00 degrees, 21 minutes, 48 seconds East, a distance of 55.00 feet to a point; THENCE, North 89 degrees, 50 minutes, 34 seconds East, a distance of 20.00 feet to a point in the east line of said Lot 1, Block 1, the west line of said Lot 1, Block A from which a 1/2" iron rod found in the south right of way line of 0.A.R.T.P.A.C. (100' right of way), the northwest corner of said Lot 1 , Block A, the northeast corner of said Lot 1 , Block 1, bears North 00 degrees, 21 minutes, 48 seconds East, a distance of 325.21 feet; THENCE, along said common line, South 00 degrees, 21 minutes, 48 seconds West, a distance of 55.00 feet to the POINT OF BEGINNING and containing 1,100 square feet or 0.0253 acres of land, more or less. QUIKTRIP ACCESS EASEMENT ('Iona Parkway LOT 1,BLOCK 1,MOSS ADDITION Suitc t 1 7 (CABINET H,PAGE 583,M.R.C.C.T.) Plano,Texas75074 MOSES SPARKS SURVEY,ABSTRACT NO.849 rig CI (972)424-7002 Voice CITY OF WYLIE,COLLIN COUNTY,TEXAS (972)633-1702Fax affiNnDate: 01/15/2009 Scale: N/A Project No. 0814947_ Con u1t+ants. WWw.SureeyCnnsullants(neCom C:\Documents and Settings\msnyder\Local Settines\Temporary Internet riles\OLK2N894 Wylie Center Easements 01 08 09(2).doc CKP 4/14/2009 13 Exhibit"F"(Page 2 of 2) "QuikTrip Access Easement" BASIS OF BEARINGS LEGEND EAST LINE OF LOT 1, BLOCK 1 N 00"21'48" E i/2" I.R.F.C. 1/2' IRON ROD FOUND WITH PLASTIC (CABINET Ii. PAGE 583, I,S.R.C.C.T.) NUMBER DIRECTION DISTANCE CAP STAMPED "COG INC R.P.L.S. 5129" 5/8" I.R.S. 5/8' IRON ROD SET WITH PLASTIC CAP STAMPED "R.P.L.S. 5109' L1 S 89°50'34" W20.00' D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS L2 N 00°21'4B" E 55.00" I.R.F. IRON ROO FOUND 0 30 GO M.R.C.C.T. MAP RECORDS, COLLIN COUNTY, TEXAS MONOMOWN N 89°50'34" E 20.00' P,0.0. POINT OF BEGINNING Ems somms L4 S 00°21'48" W 55.00' R.O.W. RIGHT-OF-WAY SCREEN 1'oB0' D.A.R.T.P.A.C. - — (100' R.O.A'.) —S 84'09'37" (YQLUIIE 34E4. PAGE E 39 q6 g — 128, D.R.C.C.T.) 1/2" 1.R.F.. �'"_'-- — I I I NI " N "7 J w N m cir LOT 1, BLOCK 1 '' rej L' o 0 LOT 1, BLOCK A MOSS ADDITION ' 3 5 WILLIAMS ADDITION (CABINET A. PAGE 583, M.R.C.C.T.) alma (CABINET ICI, PAGE 487. M.R.C.C.T.) z g INa 0O a V!z I QUIKTRIP ACCESS EASEMENT L3 (1.100 SQUARE FEET, 0.0253 ACRES) I! N' '0' (y/� I — S 89'50'34" W 370.84' f L1 1/2- I.R.P.C. _ S 89'50'34" W 390.84' F.M. 544 (120'R■O.W.) (CABINET H, PAGE 583,M.R.C.C.T.) OUIKTRIP ACCESS EASEMENT all t;.Mane Park‘say. LOT 1,BLOCK A,WILLIAMS ADDITION suite 117 (CABINET M,PAGE 487,M.R.C.C.T.) ?: Plano,Texas 75U74 HOSES SPARKS SURVEY,ABSTRACT NO.849 (9727424-7042 Voice CITY OF WYLIE,COLLIN COUNTY,TEXAS 1972)633-1702 Fui agnDate: 01/15/2009 Scale: 1"m60' Project No. 0814947 7027 On UI ``3,tS•[(tom, NVWW.Servc}.onsunantstnc.Com C:\Documents and Settines\tnsnyder\Locai Settings\Temporary Internet Files\OLK221/894 Wylie Center Easements 01 08 09(2).doc CKP 4/14/2009 14 RECEIVED ,S EXHIBIT " G" TX DST DAL it to 4 onstruct Access Driveway Facilities APR 2 2 U •n Highway Right of Way Forv.1058/20RECL VED /(pp ; (Rev.g�2oo-�. T�oN n ti(GSD-EPC) Page 1 of2 TRANSP•R i l• 2009 To: Chri- . • -•, . .-City of Wylie Hwy. FM 544 Permit No. Z.00Q ,l2.o (Name) 2000 HWY 78 North Control 0619 Section 03 (Address) Wylie,TX 75098 972-442-8109 (City,State,Zip) (Phone No.) The Texas Department of Transportation,hereinafter called the State,hereby authorizes City of Wylie hereinafter called the Permittee,to El construct I❑reconstruct a convenience store magas pumps(residential, convenience store,retail mall,farm,etc.)access driveway on the highway right of way abutting highway number FM 544 in Collin County,located on the north side between McCreary Rd.and Springwell Parkway Subject to the following: 1. The Permittee is responsible for all costs associated with the construction of this access driveway. 2. Design of facilities shall be as follows and/or as shown on sketch and is subject to conditions stated below: construct a new driveway,connect a proposed storm drain to an existing inlet and construct a 5'sidewalk and handicap ramps in the right of way. Remove existing driveway approximately 100'east of proposed drive. ferw+ittee. logrd130 Aariviceethe evraeo+ 'tve. (Strewn h4low) &Toon co►ivii. ttor. of +hc. Sake. teaclway pnr+torn work •141-l+drr?yp 6y-Hs;s j]Gt•v+i1• 4r p F,'�.t s� c71"aw►. All construction and materials shall be subject to inspection and approved by the State. ���((���'tt CC� A p 3. Maintenance of facilities constructed hereunder shall be the responsibility of the Permitt :L�;'-�hid-tttd6til 1'9Wexvet ti a�o require any changes, maintenance or repairs as may be necessary to provide protection of life or property on or adjacent to the highway. Changes in design will be made only with approval of the State. 4. The Permittee shall hold harmless the State and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. 5. Except for regulatory and guide signs at county roads and city streets, the Permittee shall not erect any sign on or extending over any portion of the highway right of way,and vehicle service fixtures such as fuel pumps,vendor stands,or tanks shall be located at least 12 feet from the right of way line to ensure that any vehicle services from these fixtures will be off the highway right of way. 6. The State reserves the right to require a new access driveway permit in the event of a land use change or change in driveway traffic volume or vehicle types. 7. This permit will become null and void if the above-referenced driveway facilities are not constructed within six(6)months from the issuance date of this permit. 8. The Permittee will contact the State's representative Minejoilf telephone,(`j' 'Z ) 54 2--2345 ,at least twenty-four(24)hours prior/to beginnirfg the work authorized by this permit. Texas Department of Transportation / Dat of issuance Authoriz=ieepresehtative The undersigned hereby agrees to comply with the terms and conditions set forth in this permit for construction of an access driveway on the highway right of way. Date: �`17 -0 I Signed: ` (Property owne or owner's representative) Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 12, 2009 Item Number: 1 Department: Public Art Advisory Board (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: 175-5175-56040 - $27,500 Date Prepared: May 5, 2009 Budgeted Amount: 445-5445-58150 - $ 2,900 Exhibits: 3 Subject Consider, and act upon, final approval of the art design and authorize the City Manager to execute a contract between Montage 48/61 and the City of Wylie, in the amount of$30,400, to commission the art piece for the Fire Station#3 Public Art Project. Recommendation A motion to approve the final art design and authorize the City Manager to execute a contract between Montage 48/61 and the City of Wylie, in the amount of$30,400 to commission the art piece for the Fire Station#3 Public Art Project. Discussion The Wylie City Council approved the selection of Montage 48/61 as the artists to complete a design for the Fire Station #3 Public Art Project as recommended by the Public Arts Advisory Board and the Fire Station #3 Art Selection Panel. Larry Enge and Charlotte Lindsey met with Fire Chief Corbin and other members of the Fire Department to collaborate on a design to be created for this art space. In the course of collaboration, different designs were reviewed to accomplish the best base design to enhance both the art space and the mosaics. The artists reviewed many photographs depicting the first 100 years of the Wylie Volunteer/Full Time Fire Department and the advances the department has made through these first 100 years. The artists and committee members also discussed the best way to display the art both from a vehicular view and pedestrian view. During this collaboration, the artists were asked to create a wall to see if a wall placed in the center of the art space would best enhance the art. The artists designed the proposed wall to be 4 feet in height and 14 feet in length with 28" footer underneath and above the art planter, to give additional height for viewing. To achieve this design, the cost to complete the base/wall would cost an additional $2,900. During the construction of the Fire Station, funding was set aside to complete the art space (planter) and will cover this additional cost. All other funding for this project will be derived from the Fire Station #3 Public Art fund. A percentage of funding will be left in this account for maintenance of the art. At the April 27, 2009 Joint Meeting of the Public Arts Advisory Board and the Fire Station #3 Selection Panel Page 1 of 1 Page 2 of 2 all members unanimously recommended this selection for the final art design to include the agreement between Montage 48/61 and the City to commission the art. The Fire Department Committee and staff also recommend this final design. Members of the Public Art Advisory Board and art consultant Sharon Leeber are present to answer any questions the Council may have. Chief Corbin is also present to address funding questions. Approved By Initial Date Department Director CE 5-5-09 City Manager / {�� 514Del I I 0 I - i L N i I i I T 1 1 1 J 35„ — i I A"PRI KF#FP) Al 11M 349.1232 VV ii le ngti 14 ft Image Wall Height 48 inches 4.00 Ft Cap thickness 4 inches Bottom Base thickness 28 inches co Total height 80 inches 6.67 ft cD Length of Image Wall 168 inches 14.00 ft co Length of Cap 172 inches 14.33 ft Length of Bottom Base 180 inches 15.00 ft 15 ft Base length PUBLIC ART PROJECT: FIRE STATION #3 Montage 48/61 Charlotte Lindsey and Larry Enge • 5626 Willis Avenue Dallas TX 75206 • 214-794-3264 214-824-8023 larryenge©earthlink.net charalin@sbcglobal.net PARKING LOT 1 kilo ,�,lam, 1 5 � , „,_ t _ i 1 ....:..7,... \ \ \ 4\ . A,4:,,,$). 11/4„ \ , --\ ' , i 4\ „.,. t ,. \ ., , ,,, ...,,,s0. „.," �A 1 c '1/4\ 1 9" . 4 } t i } 290936' APPROXIMATEOF WALL OCATION ALLEN STREET Montage 48/61 Charlotte Lindsey and Larry Enge• 5626 Willis Avenue Dallas TX 75206 •214-794-3264 214-824-8023 Iarryenge@earthlinknet charalin@sbcglobal.net AN ARTISTIC PARTNERSHIP MONTAGE48/6 ION I AGE48/6 WYLIE FIRE STATION 3: PUBLIC ART PROJECT Our concept is that the history of Wylie Fire and Rescue is made up of moving segments, multiple stories over time. In addition to utilizing images that reference history and specific functions of the department, images were chosen to convey an active force:the drama of fighting fires and saving lives. Special attention was taken in the cropping and placement of images so that there are visual relationships as the viewer moves through the mural. These relationships serve to weave the mural together as a compositional whole. To create a sense of movement, images with strong diagonals were utilized and visual segments are connected with strips of changing color. Please note the following when viewing the digital image of the design: - photographs will be simplified and made more graphic when translated/ interpreted into tile mosaic. - colors will vary between different monitors and printers. Final colors will be the glaze colors of the varies tiles used to fabricate the images and may vary some from the original photographs. (The tile mosaic is not intended to be an exact recreation of the photographic image, rather an artistic interpretation.) - solid borders of tile and divider strips provide the physical edges for each mosaic panel which is important for installation. MONTAGE48/61 5626 Willis Avenue / Dallas,Texas 75206 / 214-824-8023 / 214-794-3264 4 ! ....0. a OS 1 ,. eel .4.Y•it.I.,"' 7 7•77-'''...‘r —iti y.. '...- .;,..:- : .• '.•7.••••• !'.' •• .-*,--------- -'11 ... ••- - • .. •• t. . , ti 1,44....., ._..,*.‘,..,• _ ..110111• . t t.s ..---e- •, 1 111 ,lel ', , -,'-r,, • ..,.... 41i,r„,...-- 7 -•,• i i • ' ..•-• -v%-"I' ' 111 ,!.. 4146 s - a . , I ' 1 111111 . a a IMIMIIIIIIIIIIIIIIIIMCIMIIMIMIIMI lirill . —.. ., ... 00 .tir...,--, :,,,,,A,„ 0 ,,vik ,.. ' , _ .....,, , _ . • . . , •„tp , , ,. . • i -14e}1,7 I 4. . . AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS(CITY) AND LARRY ENGE AND CHARLOTTE LINDSEY "MONTAGE 48/61"(ARTISTS) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED FIRE STATION#3 PUBLIC ART PROJECT 210 NORTH W.A.ALLEN BLVD. WYLIE,TEXAS 75098 made as of the 12th day of May, in the Year 2009 BETWEEN the City: The City of Wylie,Texas 2000 State Highway 78 Wylie,Texas 75098 Telephone 972-442-8100 Facsimile and the Artist(s): Larry Enge and Charlotte Lindsey,"Montage 48/61" 5626 Willis Avenue Dallas, Texas 75206 Telephone: 214-824-8023 Facsimile:484-970-8537 for the following Project: Fabrication and Installation of the proposed Fire Station#3 Public Art Project The City and the Artist agree as set forth below. THIS AGREEMENT is made and entered by and between the City of Wylie, Texas, a Home-Rule Municipal Corporation, hereinafter referred to as (the "City"), and Larry Enge and Charlotte Lindsey, "Montage 48/61", hereinafter referred to as (the "Artist"),to be effective from and after the date as provided herein, hereinafter referred to as (the"Agreement"). WHEREAS, the City desires to engage the services of the Artist to fabricate and install the proposed City of Wylie, Fire Station#3 Public Art Project,hereinafter referred to as the"Project"; and WHEREAS,the Artist desires to render such services for the City upon the terms and conditions provided herein. NOW,THEREFORE,KNOW ALL PERSONS BY THESE PRESENTS: That for and in consideration of the covenants contained herein,and for the mutual benefits to be obtained hereby,the parties hereto agree as follows: ARTICLE 1 ARTIST'S SERVICES 1.1 Employment of the Artist - The City hereby agrees to retain the Artist to perform the services set forth herein in connection with the Project. Artist agrees to perform such services in accordance with the terms and conditions of this Agreement. 1.2 Scope of Services - The parties agree that Artist shall perform such services as are set forth and described in Exhibit "A", which is attached hereto and incorporated herein by reference for all purposes. The parties understand and agree that deviations or modifications to the scope of services described in Exhibit "A", in the form of written change orders,may be authorized from time to time by the City. 1.3 Schedule of Work - The Artist agrees to commence work immediately upon execution of this Agreement and receipt of first payment, and to proceed diligently with said work to completion as described in the Completion Schedule/Project Billing/Project Budget attached hereto as Exhibit "B" and incorporated herein by reference for all purposes, but in no event shall the Project be completed any later than twelve (12) months following written notice from City that it has acquired the necessary, as solely determined by the City, easement at the location where the Artwork made the subject of this Agreement will be erected. In this connection, the parties hereto agree that within ten (10) days of securing said easement, Exhibit `B" of this Agreement shall be amended in writing to reflect the agreed upon Project Completion Schedule timeline. ARTICLE 2 THE CITY'S RESPONSIBILITIES 2.1 Project Data - The City shall furnish required information,that it currently has in its possession, as expeditiously as necessary for the orderly progress of the work, and the Artist shall be entitled to rely upon the accuracy and completeness thereof. 2.2 City Project Manager- The City shall designate, when necessary, a representative authorized to act on the City's behalf with respect to the Project (the "Project Manager"). The City or such authorized representative shall examine the documents submitted by the Artist and shall render any required decisions pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the Artist's services. ARTICLE 3 ARTIST'S COMPENSATION 3.1 Compensation for Artist's Services-As described in"Article 1,Artist's Services", compensation for this Project shall be Thirty Thousand, Four Hundred Dollars ($ 30,400.00) ("Artist's Fee") and will cover all services to be rendered and materials to be provided in accordance with this Agreement. The Artist's Fee shall be paid in accordance with Article 3 and the Completion Schedule/Project Billing/Project Budget as set forth in Exhibit `B", attached hereto. The final fifteen (15) percent of the Artist's Fee, or Four Thousand Five Hundred Sixty Dollars ($4,560.00) shall not be paid until the Artist has completed, delivered and installed, where applicable, all of the Artwork services and tasks described in Exhibits"A"and`B",attached hereto. 3.2 Invoices — No payment to the Artist shall be made until Artist tenders an invoice to the City. Payments are payable to the Artist within thirty (30) days from the date of invoice as long as the invoice is mailed to City within three (3)days of the date of the invoice. Invoices are to be mailed to City immediately upon completion of each individual task listed in Exhibit "A". If any invoice remains outstanding and unpaid for more than sixty (60) days from the date of invoice, and Artist has fully performed its obligations as set forth herein, the Artist has the option upon written notice to the City, to suspend all work specified under this Agreement until the account is brought current. Continued performance and/or completion of work by the Artist under this Agreement shall resume upon the payment of the earned fees by the City. Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.v 1 3.3 Failure to Pay - Failure of the City to pay an invoice, for a reason other than cause, to the Artist within sixty (60) days from the date of the invoice shall grant the Artist the right, in addition to any and all other rights provided, to, upon written notice to the City, refuse to render further services to the City and such act or acts shall not be deemed a breach of this Agreement. The City shall not be required to pay any invoice submitted by the Artist if the Artist breached any provision(s)herein. 3.4 Adjusted Compensation - If the Scope of the Project or if the Artist's Services are materially changed, the amounts of the Artist's compensation shall be equitably adjusted as approved by City. Any additional amounts paid to the Artist as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. 3.5 Project Suspension -If the Project is suspended or abandoned in whole or in part,by the City for more than three(3)months, Artist shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of such suspension or abandonment,Artist shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any other items prepared by Artist in connection with this Agreement prior to Artist receiving final payment. If the Project is resumed after being suspended for more than three (3) months, the Artist's compensation shall be equitably adjusted as approved by the City. Any additional amounts paid to the Artist after the Project is resumed shall be agreed upon in writing by both parties before the services are performed. ARTICLE 4 OWNERSHIP AND COPYRIGHT 4.1 Ownership of Work - The Project is the property of the City, and the Artist shall not make any duplicate work of the same or substantially similar size, nor shall the Artist grant permission to others to do so except with the written permission of the City. The City shall be entitled to copies of the plans and the maquette, which are prepared by the Artist in connection with the development and fabrication of the Project under this Agreement. The ownership of the mosaic art for Wyllie's Fire Station#3 transferred to the City upon full payment of Artwork described in Exhibits"A"and"B"attached hereto. 4.2 Ownership of Copyright - Artist shall retain the copyright to the Artwork. Artist shall take all steps,at his own expense,to protect the copyright of the Artwork. 4.3 License to City- The Artist irrevocably licenses the City, its employees, representatives, officers and agents, the right to make photographs, two dimensional reproductions, and adaptations of the work for educational, public relations, arts promotional and other non- commercial purposes. For the purposes of this Agreement, the following, among others, are deemed to be reproductions and/or adaptations for non-commercial purposes: reproduction in exhibition catalogues, websites, books, slides, photographs, postcards, posters, and calendars; in magazines, books, art and news sections of newspapers; in general books and magazines not primarily devoted to art but of an educational, historical or critical nature; slides, videos and film strips not intended for a mass audience, and television from stations operated for educational purposes or on programs for educational and news purposes from all stations. 4.4 Copyright Notice — The City undertakes to use its reasonable efforts to include in any reproductions which it makes of the Artwork a copyright notice in the following form: 4.5 Representations and Warranties Regarding Copyright — The Artist represents and warrants that the Artwork is an original creation of Artist's and will not infringe the copyright, trademark, or other intangible rights of any third party. Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.v 1 ARTICLE 5 FABRICATION 5.1 Specifications —Artist will fabricate the Artwork, or cause it to be fabricated, in substantial conformity with the Design approved by City as set forth in Exhibit"A". 5.2 Changes — Any significant changes to the Artwork by either Artist or as requested by City will be approved in writing by the other party.For purposes of this Agreement, a"significant change"will mean any change, including but not limited to, a change in the scope, design, color, size, or material of the Artwork, which affects cost, installation, site preparation, maintenance and concept as represented in the Design described in Exhibit "A". If Artist wishes to make a significant change to the Artwork, he/she must request written approval from the City of the change in writing at the address provided in Section 14. City will provide a written response within thirty(30)calendar days. 5.3 Review of the Artwork — The City will be given access to the Artwork during reasonable business hours at Artist's or fabricator's studio in order to review the Artwork and Artist's or fabricator's progress with fabrication of the Artwork. Alternatively, the City requests and shall be given photographic documentation of Artist's progress to verify each stage that triggers payment pursuant to Section 3.1 above. 5.4 Notification of Fabrication Completion — Artist will notify the City in writing pursuant to Section 15 below when the Artwork is completed and ready for delivery. Designated representatives of the City will have the opportunity to inspect the Artwork for conformity with the design and structural requirements prior to delivery and to give written approval or disapproval of the Artwork for thirty (30) business days following notice from the Artist. As an alternative to the studio inspection,photographic documentation may be submitted to the City upon completion of the Artwork. 5.5 Preparation of Site — Due to the nature of the streetscape project and installation of the Artwork, cooperation from the City's designated Landscape Architect is required. City will provide Artist with the specifications and drawings for the specific area at the site where the Artwork is to be installed. Artist is responsible for obtaining and forwarding to City design drawings and calculations for the installation of the Artwork prepared by a professional structural engineer. The drawings will illustrate the Artwork's support system, including without limitation, connection to the base. The Landscape Architect will utilize these drawings and if, during installation, the Artwork is found to differ from the specifications noted in the drawings, it will be the Artist's responsibility to remedy the discrepancy and bring the Agreement into conformance with the drawings. 5.6 Warranty of Craftsmanship —The Artist warrants that the Artwork will be free of defects in workmanship and materials. In the event that any defects become apparent in the workmanship or materials within five (5) years of the execution of this Agreement,Artist will remedy any defects at Artist's sole cost and expense. ARTICLE 6 STORAGE 6.1 Storage Costs - Artist will make all efforts to coordinate installation such that the Artwork will not need to be stored prior to installation. If the Artwork is to be installed within fourteen(14) days of its delivery date to the designated site, and is to be stored temporarily at a location at the site,the Artist is responsible for ensuring the safety of the Artwork until the permanent installation is completed. The Artist will be responsible for any and all costs associated with storing the Artwork, including but not limited to, the cost of transporting the Artwork to and from the storage facility, from the date mutually agreed upon in writing by the Artist and City for delivery to the site until the Artwork is permanently installed. If, for reasons outside of the control of the Artist, the Artwork will not be able to be permanently installed within fourteen (14) days of its arrival date on site, as mutually agreed upon in writing by the Artist and City, and it is necessary to store the Artwork for more than fourteen (14) days prior to the permanent installation, the City must notify the Artist prior to delivery of the Artwork to the site. Storage of the Artwork will be at a location mutually agreed upon in writing by the Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.v 1 Artist and City.Any and all costs associated with storing the Artwork, including but not limited to,the cost of transporting the Artwork from the storage facility, shall be apportioned between City and Artist as follows: • first day (as mutually agreed upon in writing by Artist and City for delivery to the site) of storage through day 14—Artist • day 15 until the date the Artwork is permanently installed--City 6.2 Storage Requirements - If the City is providing on-site storage, the City will provide a locked storage facility to adequately, as solely determine by the City, contain the Artwork and the materials and supplies reasonably required by Artist for the permanent installation of the Artwork. ARTICLE 7 FINAL APPROVAL OF ARTWORK Within ten(10) business days of the permanent installation of the Artwork,the City will inspect the Artwork to determine whether it conforms to all of the requirements of this Agreement. If the City desires any modifications to the Artwork or finds that any aspect of the Artwork is not in conformance with this Agreement, the City will notify Artist in writing within seven (7) business days of the inspection. Artist will have an opportunity to address and cure any defects, requests or concerns of the City within fifteen (15) days of the date of the City's notice provided pursuant to Article 7. ARTICLE 8 INTEGRITY OF THE WORK 8.1 Repairs and Maintenance - The City undertakes to exercise reasonable care to protect, repair, and maintain the work. Artist agrees to cooperate with and advise the City in connection with any such non-routine maintenance, including, without limitation, damage by acts of God, vandalism, conservation and/or replacement of any portion of the Artwork to the extent that he or she is able to do so. During Artist's lifetime, the City will not undertake any non-routine maintenance on the Artwork without attempting to consult with the Artist or his or her authorized representative unless an emergency requires the City to do so. 8.2 Relocation of the Work— To the extent that the Artwork is capable of being relocated, the City shall have the right to do so. If feasible,the City shall attempt to consult with the Artist concerning the relocation of the Artwork prior to any such relocation; however, the Artist's approval is not required for the relocation, if any. If the Artist is not pleased with such relocation, he or she shall have the right to renounce credit for the Artwork. If Artist renounces credit for his Artwork,this would include, among other things,relinquishment and abandonment of the copyrights described herein. 8.3 Credit—The City agrees, at its own expense,to prepare and install at or near the Project a public notice,the form and exact location of which shall be solely determined by City,giving Artist credit for the creation of the Artwork. ARTICLE 9 INSURANCE COVERAGE Artist shall provide and maintain the types and amounts of insurance set forth herein for and during all aspects and phases of this Project. Artist shall be required to provide and maintain general liability insurance with a minimum of One Million and No/100 Dollars ($1,000,000.00) per occurrence and Two Million and No/100 Dollars ($2,000,000.00) aggregate. In addition, Artist shall provide and maintain insurance for loss (including theft, fire and damage) and employee health and disability insurance, as well as any statutorily required workers' compensation insurance. All insurance and certificate(s) of insurance shall contain the following provisions: Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.v 1 1. Name the City, its officers,agents,representatives, and employees as additional insureds as to all applicable coverage with the exception of workers' compensation insurance. 2. Provide for at least thirty(30)days prior written notice to the City for cancellation,non-renewal, or material change of the insurance. 3. Provide for a waiver of subrogation against the City for injuries, including death, property damage,or any other loss to the extent the same is covered by the proceeds of insurance. Insurance company qualification: All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least"A"by AM Best or other equivalent rating service. Certificate of insurance: A certificate of insurance evidencing the required insurance shall be submitted no later than the date of the execution of this Agreement. If this Agreement is renewed or extended by the City, a certificate of insurance shall also be provided to the City prior to the date the Agreement is renewed or extended. ARTICLE 10 AUDITS AND RECORDS/PROHIBITED INTEREST/VENDOR DISCLOSURE The Artist agrees that at any time during normal business hours and as often as City may deem necessary, Artist shall make available to representatives of the City for examination all of its records with respect to all matters covered by this Agreement, and will permit such representatives of the City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, all for a period of four (4) years from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. The Artist agrees that it is aware of the prohibited interest requirement of the City Charter, which is repeated on the Affidavit, and will abide by the same. Further, a lawful representative of Artist shall execute the Affidavit attached hereto as Exhibit"C" and incorporated herein by reference for all purposes. Artist understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement void able. The Artist agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176,Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of the Artist shall execute the Conflict of Interest Questionnaire,Form CIQ, attached hereto as Exhibit"D"and incorporated herein for all purposes. ARTICLE 11 TERMINATION OF AGREEMENT/REMEDIES 11.1 Artist Default—Failure or refusal of the Artist to perform any act herein required, unless mutually agreed to in writing by the City and the Artist shall constitute a default. In the event of a default, in addition to any other remedy available to the City,this Agreement may be terminated by the City upon ten(10)day written notice. Such notice does not waive any other legal remedies available to the City. 11.2 Conditions for Termination of Agreement Other than Artist's Default — If the City deems, in its sole discretion, the Project design is inappropriate or unworkable for the site, or if the deadlines specified herein are not met due, in whole or in part, to the Artist's actions and/or omissions, or if cost estimates indicate that the Project cannot be completed within the Project budget, the City retains the right to terminate this Agreement and is released from the obligation to enter into fabrication and installation of the Artist's design concept for the Project. In the event of any termination,Artist shall deliver to City all work, entirely or partially completed. Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.vl The Artist shall receive as compensation, full payment for services satisfactorily, as solely determined by the City, performed as outlined in Exhibit"B", as applicable,to the date of the termination notice received. The City shall make this final payment within thirty(30)days of notifying the Artist. The rights and remedies provided by this Agreement are cumulative,and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute,ordinance or otherwise. ARTICLE 12 DISPUTE RESOLUTION/MEDIATION In addition to all remedies at law, the parties may resolve/mediate any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. ARTICLE 13 INDEMNITY ARTIST SHALL RELEASE,DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), CLAIMS FOR PATENT, TRADEMARK AND/OR COPYRIGHT INFRINGEMENT AND/OR ANY OTHER INTELLECTUAL PROPERTY AND/OR PROPRIETARY CLAIM, LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF ARTIST,ITS OFFICERS,AGENTS,REPRESENTATIVES,EMPLOYEES,SUBCONTRACTORS,LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM ARTIST IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY ARTIST PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE CITY(HEREINAFTER"CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM"CLAIMS"IS ALSO SPECIFICALLY INTENDED TO APPLY TO,BUT NOT LIMITED TO,ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE,KNOWN AND UNKNOWN,EXISTING OR CLAIMED TO EXIST,RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN ARTIST AND HIS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH ARTIST, INCLUDING BUT NOT LIMITED TO, ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. ARTIST IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY ARTIST AT A REASONABLE AND CUSTOMARY COST, IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF ARTIST'S Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.v1 OBLIGATION TO DEFEND CITY OR AS A WAIVER OF ARTIST'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. ARTIST SHALL RETAIN CITY APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ARTIST FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND ARTIST SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. ARTICLE 14 NOTICES Artist agrees that all notices or communications to City permitted or required under this Agreement shall be delivered to City at the following addresses: Mindy Manson City Manager Carole Ehrlich Public Arts Coordinator City of Wylie 2000 State Highway 78 Wylie,Texas 75098 City agrees that all notices or communication to Artist permitted or required under this Agreement shall be delivered to Artist at the following address: Larry Enge and Charlotte Lindsey,"Montage 48/61" 5626 Willis Avenue Dallas, Texas 75206 Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail,return receipt requested. All notices or communication required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is postmarked by the sending party. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Agreement. ARTICLE 15 MISCELLANEOUS 15.1 Complete Agreement - This Agreement, including the exhibits hereto labeled "A" through"D", all of which are incorporated herein for all purposes, constitute the entire agreement by and between the parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral understandings. This Agreement may not be amended, supplemented, and/or modified except by written agreement duly executed by both parties. To the extent that any provision of this Agreement should conflict with the provisions of an exhibit, the provisions of this Agreement shall prevail. 15.2 Assignment and Subletting - The Artist agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Artist further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Artist of its full obligations to the City as provided by this Agreement. All such approved work performed by assignment or subletting shall be billed through Artist,and there shall be no third party billing. Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.v 1 15.3 Successors and Assigns - City and Artist, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. 15.4 Severability - In the event a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. 15.5 Venue- This entire Agreement is performable in Collin County, Texas and the venue for any action related directly or indirectly, to this Agreement or in any manner connected therewith shall be Collin County, Texas, and this Agreement shall be construed under the laws of the State of Texas. 15.6 Execution/Consideration - This Agreement is executed by the parties hereto without coercion or duress for any substantial consideration, the sufficiency of which is forever confessed. 15.7 Authority- The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date thereof. 15.8 Waiver- Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 15.9 Headings - The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 15.10 Multiple Counterparts - This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 15.11 Sovereign Immunity — The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 15.12 Representations—Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 15.13 Miscellaneous Drafting Provisions—This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. 15.14 Death of Artist—In the event one of the Artists dies or becomes incapacitated during the term of this Agreement, the fabrication, delivery, and installation of the Artwork shall be completed pursuant to the Artist's design, conception, and plans by Larry Enge of 222 S. Oak Cliff Blvd, Dallas, Texas 75208 or Charlotte Lindsey of 5626 Willis Avenue, Dallas, Texas 75206. 15.15 No Third Party Beneficiaries—Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. EFFECTIVE DATE: CITY: ARTIST: The City of Wylie,Texas Larry Enge and Charlotte Lindsey,"Montage 48/61" By: Print Name: Larry Enge Title: Artist By: By: Mindy Manson,City Manager Print Name: Charlotte Lindsey Title: Artist Approved as to Form: By: Abernathy,Roeder,Boyd&Joplin,P.C. City Attorneys Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.v1 STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, a Notary Public in and for this State of Texas, on this day personally appeared MINDY MANSON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purpose and consideration expressed, and in the capacity therein stated. Given under my hand and seal of office this 12th day of May,2009. Notary Public in and For the State of Texas STATE OF § § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for this State of , on this day personally appeared , Artist, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and consideration expressed, and in the capacity therein stated. Given under my hand and seal of office this day of ,2009. Notary Public in and For the State of Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.vl EXHIBIT"A" SCOPE OF SERVICES AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS(CITY) AND LARRY ENGE AND CHARLOTTE LINDSEY,"MONTAGE 48/61"(ARTIST) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED FIRE STATION#3 PUBLIC ART PROJECT 210 NOTH W.A.ALLEN BLVD. WYLIE,TEXAS 75098 Project Description Wylie Fire Station#3 Public Art Project To fabricate and install the proposed Fire Station #3 Public Art, artist Larry Enge and Charlotte Lindsey, Montage 48/61 will perform the following tasks: A) Following a site visit, submit final schematic drawings of the proposal, based upon submitted maquette to City staff and the Public Arts Advisory Board for their review and approval within sixty (60) days of the receipt of this agreement. These drawings will include: ■ Detailed information of every physical feature of the construction of the Artwork and its integration with the site with any proposed changes to the previously submitted concept highlighted. (Final Design). • A description of any issues involved in the construction, integration and maintenance of the Artwork, as well as any third party subcontractors needed to work on the project. • A final project budget breakdown not to exceed$30,400.00 • An installation timeline. B) Following formal approval by the Public Arts Advisory Board, the Artist shall submit drawings stamped by an engineer, licensed by the State of Texas and paid for by the Artist, for certification that the Artwork, foundation, and its connection will be structurally sound. C) The Artist shall fabricate and install the Artwork in substantial conformity with the approved design. Any significant changes in the concept, as defined in Article 5.2, must be approved by the City. It is the responsibility of the Artist to coordinate with the City, the Project Landscape Architect, and Contractor to ensure that the site is prepared to receive the Artwork. The Artist will be responsible for preparation of the site, including installation of the foundation. The City will be responsible for any fill soil within the space, irrigation to the site and lighting. D) Upon completion of the permanent installation and clean-up of the site, the City Project Manager will inspect the work and give notice of acceptance, as provided in this Agreement. The Artist will complete the City's maintenance worksheet and submit it to the City within ten(10)days of City's final acceptance of the Artwork. Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.vl MAINTENANCE PROCEDURES Materials and Care Information Sheet(to be filled out by the artist and submitted upon completion of the project prior to final payment.) Artist: Date: Title of Work: Media: Specific materials used(Brand name and type of all materials, i.e.type of paper and fiber content,mental alloy, chemical composition of patina,etc.) Specific techniques used in the fabrication of the Artwork. (Airbrush painting,lost wax casting,TIG welding, etc.): Fabricator name and address(if other than artist): Installation materials and techniques(Attach as-built drawings as appropriate): Recommended Maintenance procedures. (Be as specific as possible about techniques and materials): Cautions regarding maintenance,handling, etc: Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.vl EXHIBIT"B" COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS(CITY) AND LARRY ENGE AND CHARLOTTE LINDSEY,"MONTAGE 48/61"(ARTIST) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED FIRE STATION#3 PUBLIC ART PROJECT ARTIST COMPENSATION: 30,400.00 TASK DESCRIPTION PAYMENT TIMELINE 1 Execution of Agreement and Notice to Proceed i $13,500.00 Insurance documentation sent to City Within 60 days 2 Submit of Execution Execution Execution of of Final schematic drawings Agreement Agreement Stamped engineered drawings Budget breakdown Fabrication and Installation Timeline All Items in Exhibit A Part(A)and (B) For approval to City Staff and Public Art Board. Calculating and Ordering Tile 3 Fabrication of Mosaic begins $6,500.00 Upon delivery of Tile (Approx. 60/75 (Approximately 8 month process) days days after Execution Execution of of Agreement) Agreement) 4 Halfway point of Fabrication $5,840.00 4 months after Fabrication begins begins 5 Coordinate with City on Site Prep Oversee Concrete construction 5 Installation 8 months 6 Final Acceptance by Project Manager, submit maintenance $4,560.00 9 months worksheets(Exhibit A Part(D)) TOTAL $30,400.00 Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.v1 EXHIBIT"C" AFFIDAVIT THE STATE OF T, r4-S § COUNTY OF CO L L Xu § 1, Montage 48/61, Larry Enge and Charlotte Lindsey, Artists, make this affidavit and hereby on oath state the following: I,and/or a person or persons related to me,have the following interest in a business entity that would be peculiarly affected by the work or decision on the project(check all that apply); Ownership of 10%or more of the voting shares of the business entity. Ownership of$2,500 or more of the fair market value of the business entity. Funds received from the business entity exceed 10%of my income for the previous year. Real property is involved and I have an equitable or legal ownership with a fair market value of at least$2,500. 1/ None of the above. A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. Other: Upon the filing of this affidavit with the City of Wylie, Texas, I affirm that no relative of mine, in the first degree by consanguinity or affinity as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took action on the agreement. SIGNED this.Z7 day of 4f1e l L ,20 01. t47 L E ,/Artist Ch otte in ey t rfMr rv?s. anal BEFORE ME, the undersigned authority, this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. Sw o and subsc ' before me on this 4daY of 0(19'41-'4 ,20 D9. otary Pub c or The State o G4$ My commission expires: 02--L7 Aar' SHENIOUA AUSTIN My Ciwommission Expires f�brry 17.2013 �'+rece EXHIBIT"D" CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 J Name of local government officer with whom filer has affilitatlon or business relationship.(Complete this section only if the answer to A,B,or C is YES.) This section,item 5 including subparts A, B,C&D.must be completed for each officer with whom the filer has affiliation or business relationship_ Attach additional pages to this Form CIQ as necessary. A. is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? i t Yes n No B. is,the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? nYes n No C. is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director,or holds an ownership of 10 percent or more? EDYes ED No D. Describe each affiliation or business relationship. J Describe any other affiliation or business relationship that might cause a conflict of interest. J / 1/O Sig person doing business the governmental entity Date .1-:,_, :;gr4/1- 11/414V4400 11•200e Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.v1 7 ®` DATE(MM/DD/YYYY) .4coRv CERTIFICATE OF LIABILITY INSURANCE 4/30/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THUMANN AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 12770 Coit Rd #110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, TX 75251 972-991-9100 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Colony Insurance Company Montage 48/61 INSURER B: 5626 Willis Ave. INSURER C: Dallas, TX 75206 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YYYY) DATE(MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE X COMMERCIAL GENERAL LIABILITY PREMSESO(Ea EN occurence) $ 100,000 ICLAIMS MADE X OCCUR MED EXP(Any one person) $ 5,000 A GL3530443 10/29/08 10/29/09 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY I JECT PI LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR I CLAIMSMADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE I E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ,Certificate holder is listed as an additional insured with a waiver of subrogation on the general liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION The City of Wylie, Texas DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Its officers,agents, representatives NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL and employees IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 2000 State Highway 78 Wylie, Texas 75098 REPRESENTATIVES. Y r AUTH•-ZED REPRES ATIVE Attn: Carole Ehrlich, City Secretary ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are regi marks of ACORD NATIONAL LLOYDS INSURANCE COMPANY POLICY NUMBER 0 0 P.O. BOX 2650 WACO,TEXAS 76702-2650 INSURED COPY DECLARATIONS PAGE New TEXAS HOMEOWNERS POLICY-FORM A H06093600-02 El Renewal H06093600-01 []Amended-Date Dec# 1 PIN NUMBER: 02410306 NAMED INSURED/MAILING ADDRESS AGENT NAME/ADDRESS LARRY ENGE THUMANN INSURANCE AGENCY 222 S OAK CLIFF BLVD 12770 COLT RD STE 110 DALLAS,TX 75208-5711 DALLAS,TX 75251-1361 PHONE:(972)991-9100 178 MORTGAGEE CHASE HOME FINANCE LLC NONE ISAOA - PO BOX 81507 ATLANTA,GA 30366-1507 LOAN NUMBER: 0021411194 POLICY PERIOD RESIDENCE PREMISES/DWELLING EFFECTIVE DATE: 6/20/08 LOT ADDITION EXPIRATION DATE: 6/20/09 222 S OAK CLIFF BLVD AT 12:01 A.M.STANDARD TIME AT THE LOCATION OF THE COUNTY: DALLAS TEXAS RESIDENCE PREMISES/DWELLING CONSTRUCTION: FRAME PPC: 02 CITY LIMIT: DALLAS ❑X INSIDE 0 OUTSIDE COVERAGES LIMITS OF LIABILITY PREMIUM SECTION I PROPERTY COVERAGE A. DWELLING $ 72,000 $ 1,014.00 OTHER STRUCTURES $ 7,200 $ Included COVERAGE B. PERSONAL PROPERTY $ 28,800 $ Included PERSONAL PROPERTY OFF PREMISES $ 2,880 SECTION II LIABILITY COVERAGE C. PERSONAL LIABILITY(EACH OCCURRENCE) $ 100,000 $ Included COVERAGE D. MEDICAL PAYMENTS TO OTHERS(EACH PERSON) $ 1,000 $ Included OTHER RESIDENTIAL PREMISES-LOCATION LOSS OF USE COVERAGE $ 7,200 BASIC PREMIUM $ 1,014.00 $ OTHER COVERAGES AND ENDORSEMENTS Endorsement number and title $ $ $ $ $ $ $ $ DEDUCTIBLES AMOUNT OF DEDUCTIBLE SECTION I ONLY DEDUCTIBLES ADJUSTMENT PREMIUM Deductible Clause 1 Windstorm,Hurricane,Hail $ 720 $ N/A Deductible Clause 2 All Other Perils $ 720 $ N/A Deductible Clause 3 $ N/A $ N/A TOTAL POLICY PREMIUM $ 1,014.00 OTHER COVERAGES, LIMITS AND EXCLUSIONS APPLY- REFER TO YOUR POLICY SEE REVERSE SIDE AGENCY AT DALLAS ,TEXAS THUMANN INSURANCE AGENCY ,AGENT State Farm Lloyds RENEWAL CERTIFICATE P.O.Box 799100 Dallas,7X 75379-9100 Homeowners Policy MAY 09 2009 to MAY 09 2010 AT2 W-08- 3941-F072 H F W24152 BILLED THROUGH SFPP LINDSEY, CHARLOTTE A 5626 WILLIS AVE Coverages and Limits DALLAS TX 75206-6441 Section I A Dwelling $152 400 _ Dwelling Extension Up To 15,240 B Personal Property 114,300 - C Loss of Use Actual Loss Sustained Deductibles-Section I Other Losses 1,500 Wind or Hail 1.00% 1,524 Location: Same as Mailing Address Section II L Personal Liability $300,000 SFPP No: 0434038208 Damage to Property of Others 500 M Medical Payments to Others 1,000 Loss Settlement Provisions(See Policy) (Each Person) Al Replacement Cost-Similar Construction 81 Limited Replacement Cost-Coverage B Forms,Options,and Endorsements Homeowners Policy FP-7955.TX Annual Premium $1,063.00 Ordinance/Law 10%/ $15,240 OPT OL Dwelling Foundation 119.00 Increase Dwlg up to$30,480 OPT ID Water Damage 119.00 Fungus(Including Mold) Exci FE-5398 Total Amount $1,301.00 Special Limits•Money/Jf FE-5258 Water Damage Endorsement FE-5369.1 Premium Reductions Coverage a Loss Settlement FE-5403 Motor Vehicle Endorsement FE-5452 Home Alert Discount 141.00 Telecommuter Coverage FE-5831 Renewal Discount 211.00 Suit Against Us Endorsement FE-5503 Home/Auto Discount 248.00 Dwelling Foundation * FE-5368.1 Amendatory-Endorsement - * FE-2200.1 Continued on next page *Effective: MAY 09 2009 Inflation Coverage Index: 188.9 NOTICE: Information concerning changes in your coverage is included. Please call your agent if you have any questions. 0 § Claims and information from other State Farm policies in TX that according to State Farm records,have a a name and address in common with this policy,may have been used to determine the premium shown. 0 If you have moved,please contact your agent. T ►,€S tilw&VA.?a we c. tXxtal tetif See reverse side for important information. 8830 401E I Agent E W TUCK- JR N * C,Q,D,K,2E,NP Telephone (214)696-0623 REP Prepared MAR 25 2009 Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: May 12, 2009 Item Number: 2 Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: May 6, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2009-15 amending Chapter 74 (Offenses and Miscellaneous Provisions), Article 1 (General), Section 74-2 (Smoking and Tobacco Use in Municipal Buildings, Facilities, and Vehicles) of Wylie's Code of Ordinances; prohibiting smoking in City Parks; amending enforcement procedures; and making other nonsubstantive changes; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date and publication of the caption hereof Recommendation Motion to approve Ordinance No. 2009-15 amending Chapter 74 (Offenses and Miscellaneous Provisions), Article 1 (General), Section 74-2 (Smoking and Tobacco Use in Municipal Buildings, Facilities, and Vehicles) of Wylie's Code of Ordinances; prohibiting smoking in City Parks; amending enforcement procedures; and making other nonsubstantive changes; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date and publication of the caption hereof Discussion The Parks and Recreation Board have been discussing a possible non-smoking ordinance in park areas since the fall of 2008. Staff brought this issue to the attention of the Board due to receiving complaints from spectators viewing various sporting events at Founders and Community Parks and other spectators smoking in close proximity. The Board directed staff to find out what other cities in the Metroplex were doing regarding non-smoking ordinances in park/spectator areas and to bring forth some examples of non-smoking ordinances. The Board also directed staff to gather input from the local sports organizations seeking input on a proposed non-smoking ordinance. The majority of the sports league officials agreed that an ordinance that moved smoking to non-spectator areas was needed. Some of the leagues currently address where smoking can be done in their own policies but they are difficult to enforce since they are not law. The Board discussed various options and drafts of a proposed non-smoking ordinance from the fall of 2008 to the spring of 2009. They focused on not eliminating smoking in parks, just keeping it in areas that would not affect surrounding spectators. The Board felt that parking lots were the best place for allowing smoking and directed staff to draft an ordinance that reflects that philosophy. Page 1 of 2 Page 2 of 2 A draft ordinance was sent to the City Attorney for review and they were able to amend the current ordinance, Article 1, Section 74-2 to reflect the Boards recommendations regarding where smoking and tobacco products could be used in parks. The Board recommended the amended ordinance for City Council approval at their May 12, 2009 meeting. Approved By Initial Date Department Director MSS, 5/6/09 City Manager '� 1 $ / (0 ORDINANCE NO. 2009-15 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 74 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE 1 (GENERAL), SECTION 74-2 (SMOKING AND TOBACCO USE IN MUNICIPAL BUILDINGS, FACILITIES AND VEHICLES) OF WYLIE'S CODE OF ORDINANCES; PROHIBITING SMOKING IN CITY PARKS; AMENDING ENFORCEMENT PROCEDURES; AND MAKING OTHER NONSUBSTANTIVE CHANGES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that Section 74-2 (Smoking and Tobacco Use in Municipal Buildings, Facilities and Vehicles) of Article I (General) of Chapter 74 (Offenses and Miscellaneous Provisions) of the City of Wylie, Texas' ("Wylie") Code of Ordinances, should be amended to rename the heading of Section 74-2, prohibit smoking in city parks, change enforcement procedures, and make other nonsubstantive changes for clarification purposes; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous and beneficial to Wylie and its inhabitants to amend Wylie's Code of Ordinances as set forth below: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Rename Heading of Section 74-2. The heading to Section 74-2 (Smoking and Tobacco Use in Municipal Buildings, Facilities and Vehicles is renamed to read as follows: "Sec. 74-2. Smoking and tobacco use in municipal buildings, facilities, vehicles, and parks." SECTION 3: Amendment to Section 74-2 (Smoking and Tobacco Use in Municipal Buildings, Facilities and Vehicles) of Article I (General) of Chapter 74 (Offenses and Miscellaneous Provisions) of Wylie's Code of Ordinances. Section 74-2 (Smoking and Tobacco Use in Municipal Buildings, Facilities and Vehicles) of Article I (General) of Chapter 74 Ordinance No. 2009-15 Amending Section 74-2 of Article I of Chapter 74 Smoking in Municipal Buildings,Facilities and Vehicles Page 1 544632.v 1 (Offenses and Miscellaneous Provisions) of Wylie's Code of Ordinances, is hereby amended to read as follows: "Sec. 74-2. Smoking and tobacco use in municipal buildings, facilities, vehicles, and parks. (a) Definitions. City facility shall mean any building or facility owned, operated, or leased by the city. City park means any property that the City has designated as park land, including but not limited to, public recreation fields, pools, playgrounds, concession stands, restrooms, trails and any seating or observation areas abutting and immediately adjacent thereto. City vehicle means any vehicle owned, leased or operated by the city. Smoke or smoking means the act of burning any tobacco product, weed, filter or plant of any kind, or any cigarette, cigar, pipe, hookah, water pipe, or any other device. Tobacco product means cigarette, cigar smoking, including any granulated, plug-type, crimp cut, ready rug or any form of tobacco suitable for smoking in a pipe or cigarette, or chewing tobacco, including Cavendish twist, plug, scrap or any kind of tobacco or tobacco derivative suitable for chewing, snuff or preparation of pulverized tobacco and any other article or product that is made of tobacco or having or containing a tobacco product. (b) Use in city facilities. Smoking and/or the use of any tobacco product in any city facility is prohibited except as provided below. The city manager or his designee will determine the location, if any, where persons may use tobacco products or smoke. The location, if allowed, may be indoors and/or outdoors as determined by the city manager or his designee. (c) Use in city vehicles. No person shall at any time smoke or use any tobacco product in or while using any city vehicle. (d) Use in city parks. Except as otherwise provided, smoking and/or the use of any tobacco product is prohibited in any city park. Smoking and/or use of tobacco products is allowed in the parking lots of city parks, except within twenty-five (25) feet of any public recreation field, pool, playground, concession stand, restroom, trail, seating, or observation areas located within the city park. Ordinance No. 2009-15 Amending Section 74-2 of Article I of Chapter 74 Smoking in Municipal Buildings,Facilities and Vehicles Page 2 544632.v 1 (e) Posting of signs. Any smoking or tobacco use sign or no-use tobacco signs with letters of not less than one inch in height shall be conspicuously posted in every room, building, or other place where smoking or the use of tobacco is controlled by this section, by the owner or by the city or person having control of such premises. Such signs may have additional or different wording to explain the applicable rule in a particular area, room or location. Failure to post a sign pursuant to this Section shall not prevent the City from enforcing this Section. (f) Enforcement procedures, infractions and penalties. (1) The city manager, or his designee, shall enforce this Section. Such person shall have authority to issue persuasive letters or citations to any person violating Section." (2) Any person who violates any provision of this Section shall be guilty of a Class C misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00). SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or any provision of Wylie's Code of Ordinances, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. Ordinance No.2009-15 Amending Section 74-2 of Article I of Chapter 74 Smoking in Municipal Buildings,Facilities and Vehicles Page 3 544632.v1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this 12th day of May, 2009. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Abernathy Roeder Boyd & Joplin P.C. Claire E. Swann, City Attorneys Date of Publication in The Wylie News—May 20, 2009 Ordinance No. 2009-15 Amending Section 74-2 of Article I of Chapter 74 Smoking in Municipal Buildings,Facilities and Vehicles Page 4 544632.v1 1 H tt Wit. " 08 li......:: i . . 1 _ . . .. ......, _ rr.r.., „,, . , 4.. , .. , ,,4. ...• e......, (OPTION #3: WALL MURAL w/ ADDITIONAL MOSAIC) Artists:Montage 48/61 5626 Willis Avenue Dallas, Texas 75206 Artist Compensation $25,000.00 Phone: (214) 824-8023 Cell: (214) 794-3264 Additional Amt For Fax: (484) 970-8537 Increased Concrete Cost $2,900.00 For Wall Construction Name of Project: Fire Station#3 Public Art Project Additional Amt for Fabrication $2,500.00 Total $30,400.00 EXHIBIT B TASK DESCRIPTION PAYMENT TIMELINE 1 Execution of Agreement and Notice to Proceed $13,500.00 Insurance documentation sent to City 2 Submit Within 60 days of All Items in Exhibit A Part (A) and (B) Execution of Agreement For approval to City Staff and Public Art Board. • Final schematic drawings • Stamped engineered drawngs • Budget breakdown • Fabrication and Installation Timeline 2 Calculating and Ordering Tile 3 Fabrication of Mosaic begins $6,500.00 Upon delivery of Tile (Approximately 9 month process) (Approx. 60/75 days after Executon of Agreement) 4 Halfway point of Fabrication $6,275.00 4.5 months after Fabrication begins 5 Coordinate with City on Site Prep Oversee Concrete construction 5 Installation 9 months 6 Final Acceptance by Project Manager, submit maintenance $4,1 25.00 10 months worksheets (Exhibit A Part (D)) TOTAL $30,400.00 f ) / . IMAGE DESIGN FOR WALL ...t '. Y i' , r ♦ * 5'I% qw Y : li N :tip Mh. i 1 • .,,i,„.... ,.., a. (OPTION #2: WALL MURAL) Artists:Montage 48/61 5626 Willis Avenue Dallas, Texas 75206 Artist Original Compensation $25,000.00 Phone: (214) 824-8023 Cell: (214) 794-3264 Addition Amt For Fax: (484) 970-8537 Increased Concrete Cost $2,900.00 Name of Project: For Wall Construction Fire Station#3 Public Art Project Total $27,900.00 EXHIBIT B TASK DESCRIPTION PAYMENT TIMELINE 1 Execution of Agreement and Notice to Proceed $12,500.00 Insurance documentation sent to City 2 Submit Within 60 days of All Items in Exhibit A Part (A) and (B) Execution of Agreement For approval to City Staff and Public Art Board. • Final schematic drawings • Stamped engineered drawngs • Budget breakdown • Fabrication and Installation Timeline 2 Calculating and Ordering Tile 3 Fabrication of Mosaic begins $6,450.00 Upon delivery of Tile (Approximately 8 month process) (Approx. 60/75 days after Executon of Agreement) 4 Halfway point of Fabrication $5,200.00 4 months after Fabrication begins 5 Coordinate with City on Site Prep Oversee Concrete construction 5 Installation 8 months 6 Final Acceptance by Project Manager, submit maintenance $3,750.00 9 months worksheets (Exhibit A Part (D)) TOTAL $27,900.00