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09-08-2009 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda September 8, 2009 — 6:00 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 Bennie Jones 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.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. 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 • Presentation and Recognition of Wylie 9-1-1 Telecommunicators. (R. Corbin, Fire Chief) • Presentation to Citizens Emergency Response Team (CERT) Class #2 Graduates. (R. Corbin, Fire Chief) September 8,2009 Wylie City Council Regular Meeting Agenda Page 2 of 6 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 of the August 25, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-24(R) authorizing the Mayor to execute a Multi—Year Step Program Grant Agreement, in the amount of$68,481.59 for 2010, $78,009.91 for 2011, and $88,493.75 for 2012, with the State of Texas Department of Transportation. (J. Duscio, Police Chief) C. Consider, and act upon, approval and final acceptance of the construction of the 12- inch water line along Spinnaker Way and the Newport Harbor Electrical Conduits and authorize final payment to 2L Construction LLC in the amount of $17,961.85, and accept the project as complete. (C. Hoisted, City Engineer) D. Consider, and act upon, Ordinance No. 2009-24 amending regulations to Zoning Ordinance No. 2001-48, Article 6, expanding the Downtown Historic District to include property on Ballard Avenue north of Brown Street. ZC 2009-04 (R. 011ie, Planning Director) E. Consider, and act upon, Ordinance No. 2009-25, amending the zoning from Commercial Corridor (CC) District to Commercial Corridor with Specific Use Permit (SUP) for a 252-foot Radio Tower (CC -w/SUP) District to be located along the northwestern portion of Wylie Municipal Complex. ZC 2009-05 (R. 011ie, Planning Director) F. Consider, and act upon, a Final Plat for McKee Addition, Block A, Lot 1, creating a commercial lot on 0.830 acre; dedicating rights-of-way and a 24-foot access easement on the property. The property is generally located northwest of SH 78 and Eubanks Lane. (R. 011ie, Planning Director) G. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of July 31, 2009. (S. Satterwhite, Executive Director, WEDC) H. Consider, and act upon, a request from Wylie Prepatory Academy to sell apparel and request a gate fee as a donation towards offsetting costs for games held at Community Park for the fall 2009 season. (B. Nelson, Parks and Recreation Superintendent) September 8,2009 Wylie City Council Regular Meeting Agenda Page 3 of 6 RECESS CITY COUNCIL CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION 1. Consider, and act upon, approval of the Minutes from the December 9, 2008 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) 2. Consider, and act upon, approval of the FY2009-20010 4B Budget and authorizing expenditures for the FY2009-2010 Community Services Facilities Capital Improvement Plan. (L. Vaughan, Finance Director) ADJOURN RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL REGULAR AGENDA General Business 1. Consider, and act upon, Ordinance No. 2009-26 adopting the City of Wylie budget and appropriating resources for Fiscal Year 2009-2010, beginning October 1, 2009 and ending September 30, 2010. (L. Vaughan, Finance Director) Executive Summary The tax rate being proposed for Fiscal Year 2009-2010 is$0.8989 per$100 of assessed valuation. The attached summary of all operating and capital funds includes the budget for the Wylie Economic Development Corporation. 2. Consider, and act upon, ratifying the property tax increase reflected in the approved City of Wylie Fiscal Year 2009-2010 Budget. (L. Vaughan, Finance Director) Executive Summary H.B. No. 3195 was approved during the 2007 Legislative Session, creating a new requirement for the approval of the budget. Under Section 4, subsection C the bill states, "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26,Tax Code,or other law." 3. Consider, and act upon, approval of the Fiscal Year 2009-2010 4B Budget and authorize expenditures for the Fiscal Year 2009-2010 Community Services Facilities Capital Improvement Plan. (L. Vaughan, Finance Director) September 8,2009 Wylie City Council Regular Meeting Agenda Page 4 of 6 Executive Summary The Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the '/ cent sales tax for parks, recreation and library projects. As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of sales tax receipts for projects approved by the City Council. Further, the Bylaws state that," It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council. 4. Consider, and act upon, Ordinance No. 2009-27 fixing the tax rate/levy for Tax Year 2009 and for the Budget Year FY2009-2010 at $0.8989 per $100.00 of assessed valuation. (L. Vaughan, Finance Director) Executive Summary The tax rate needed to fund the FY2009-2010 budget is $0.89890 per$100 of assessed valuation. The tax rate is broken down with$0.55022 being used for operations and maintenance and$0.34868 being used to fund the General Debt Service Fund. This tax ordinance will generate levies of $12,229,268 for the General Fund and$7,749,837 for the I & S Fund. The adopted Fiscal Year 2009-2010 budget requires the support of this ordinance for funding. 5. Consider, and act upon, Resolution No. 2009-25(R) approving the City of Wylie current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A-Authorized Investments for Governmental Entities. (L. Vaughan, Finance Director) Executive Summary Texas Government Code requires that the governing body of an investing entity review its investment policy not less than annually. The governing body should adopt a written instrument by rule, order, ordinance,or resolution stating that it has reviewed the investment policy and that the written instrument so adopted shall record any changes made to the investment policy. The current Investment Policy was approved December 12,2006. No changes are currently being made to it. 6. Consider, and act upon, Ordinance No. 2009-28 finding that the current rates of CoSery Gas Ltd. Are unreasonable; approving CoSery Gas Ltd.'s revised and uncontested tariffs; setting the effective date of new tariffs as of October 1, 2009; finding rate case expenses reasonable; finding that any relief requested by CoSery Gas Ltd. not specifically granted herein is denied; finding that the meeting at which this ordinance is passed is open to the public as required by law; providing for notice of this ordinance to CoSery Ltd.; and providing an effective date. Executive Summary On or about December 18,2008,CoSery Gas Ltd. ("CoServ" or"Company")filed its Statement of Intent to change gas rates in all municipalities within the CoSery System. This ordinance represents the Coalition of Cities exercise of its original jurisdiction to evaluate the reasonableness of natural gas rates charged within city limits. The ordinance approves CoSery Gas Ltd.'s revised tariffs applicable to residential and commercial service in the City of Wylie. The revised tariffs reflect the agreement reached between the Coalition of Cities served by CoSery (of which Wylie is a member) and CoSery regarding CoServ's Statement of Intent to increase rates. 7. Consider, and act upon, Ordinance No. 2009-29 amending Ordinance No. 2006-16 and Chapter 74, Article VII (Graffiti Vandalism) of the City of Wylie Code of Ordinances, for the purpose of revising regulations relating to the removal of graffiti on private property. (J.Butters, Assistant City Manager) Executive Summary The Texas State Legislature recently passed HB 2086 which went into effect September 1, 2009. One provision of HB 2086 states that Cities cannot charge property owners for graffiti removal unless the City September 8,2009 Wylie City Council Regular Meeting Agenda Page 5 of 6 has previously offered to clean up the graffiti for free, and the property owner has refused this offer. If a property owner does refuse free graffiti remediation by the City, the City can then declare the graffiti a public nuisance, obtain access to the property, clean up the graffiti and charge the owner. Our current Graffiti Ordinance is in conflict with HB 2086. 8. Consider, and act upon, accepting a bid and entering into lease agreement on 65 acres of City property to be used for hay production. (J. Holcomb, Purchasing Manager) Executive Summary Competitive bids were solicited for the lease of certain City owned real property, consisting of approximately 65 acres,located on what is commonly referred to as the Wells Property. The resulting lease agreement would provide for temporary use of the property for the sole purpose of hay production. The primary benefit to the City is to prevent the property from becoming overgrown with weeds. The term of the lease would be for a period of one year with an option to renew for one additional one year. 9. Consider, and act upon, acceptance of the resignation of Lisa Palomba and appointment of a new Board Member to the Construction Code Board to fill the unexpired term of July 1, 2009 to June 30, 2011. (M. McAnnally, Building Official) Executive Summary Due to the resignation of Ms. Lisa Palomba,the Building Department is requesting the Mayor and Council select and appoint a person to fill the vacant position of Board Member to the City of Wylie Construction Code Board. Ms. Palomba notified us that due to unexpected personal obligations she must resign as a Board Member. 10. Consider, and act upon, acceptance of the resignation of David Willey and appointment of a new Board Member to the Parks and Recreation Board to fill the unexpired term of July 1, 2008 to June 30, 2010. (B. Nelson, Parks and Recreation Superintendent) Executive Summary Due to the resignation of Mr. David Willey,the Parks and Recreation Division is requesting the Mayor and Council select and appoint a person to fill the vacant position of the Board Member to the City of Wylie Parks and Recreation Board. Mr. Willey notified us that due to unexpected personal obligations he must resign as a Board Member. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.071 Consultation with Attorney; Closed Meeting Pursuant to Section 551.071, Texas Government Code, Consultation with attorney for the city regarding: • Placement of Kiosk Plazas on Private Property. September 8,2009 Wylie City Council Regular Meeting Agenda Page 6 of 6 §§ 551.072 Deliberation Regarding Real Property; Closed Meeting Pursuant to Section 551.072, Texas Government Code, deliberation on certain matters concerning real property. • Discussion regarding the sale of property generally located at 3rd Street and Highway 78. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 4th day of September, 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.wvlietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8, 2009 Item Number: Presentation Department: Fire Department (City Secretary's Use Only) Prepared By: Account Code: Date Prepared: September 1, 2009 Budgeted Amount: Exhibits: Subject Presentation and Recognition of City of Wylie 9-1-1 Telecommunicators. Recommendation Discussion Public Service Telecommunicators are vital to the City of Wylie. When an emergency occurs, the prompt response of police officers, firefighters, paramedics and emergency medical technicians is critical to the protection of life and preservation of property. Wylie Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services. Wylie Public Safety Telecommunicators are the single vital link for our police officers and firefighters by monitoring their activities by radio,providing them information and insuring their safety. Each dispatcher should be recognized for exhibiting compassion, understanding and professionalism during the performance of their job. In conjunction of recognizing our Public Service Telecommunicators, we also would like to observe a moment of silence in recognition and remembrance of September 11, 2001 for those who lost their lives and honor the heroic actions of our nation's first responders and Armed Forces, and reaffirming the commitment to defending the people of the United States against any and all future challenges. Approved By Initial Date Department Director RC 091 j109 City Manager in ON /7) . Page 1 of 1 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, August 25, 2009 — 6:00 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 6:01 p.m. with the following Wylie City Council members present: Mayor ProTem Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Carter Porter, Councilman Rick White, and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; WEDC Executive Director, Sam Satterwhite; Public Services Director, Mike Sferra; Planning Director, Renae' 011ie; Building Official, Mike McAnnally; Police Chief, John Duscio; Finance Director, Linda Vaughan; Library Director, Rachel Orozco; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Reverend Raymond H. Perry, pastor for the Trinity Friendship Baptist Church, Wylie, Texas gave the invocation and the Flaming Cobra Patrol Scout Troop presented the flags and led the Pledge of Allegiance. Scouts present included: Dan Barnhart, Austin Byboth, Caleb Benson, Gavin Pugh, Samuel Martinez, Brandon Spiegal, Andrew Spiegal, and Tanner Gowing. Leaders of the "Flaming Cobra" Patrol present included: Brenda Byboth, Den Leader; Scott Stewart, Assistant Den leader; and Roger Barnhart, Pack 1049 Cub Master. PRESENTATION • Presentation of Proclamation for Muscular Dystrophy Association Day. (E. Hogue, Mayor) Mayor Hogue read a proclamation designating September 7, 2009 as Muscular Dystrophy Association Day. Minutes August 25, 2009 Wylie City Council Page 1 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 wishing 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 of the August 11, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of Amendment No. 2 to the Engineering Services Agreements, in the amount of $570,200.00, with Birkhoff, Hendricks and Conway, L.L.P. for the Newport Harbor Pump Station, Nortex Pump Station, and NTMWD Pump Station Improvements. (C. Holsted, City Engineer) C. Consider, and act upon, approval of a Final Plat for Wylie Municipal Complex, Block B, Lot 1, establishing a commercial lot on 7.14 acres and designating easements on the property. The property is generally located north of SH 78 and approximately 1,200 feet east of Eubanks Lane. (R. 011ie, Planning Director) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of July 31,2009. (L. Vaughan, Finance Director) Council Action A motion was made by Councilman White, seconded by Councilman Jones to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Public Hearings 1. Hold a Public Hearing on the City of Wylie Fiscal Year 2009-2010 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item in the proposed budget; and set and announce the date, time and place of the meeting at which Council will vote on the final proposed budget. (L. Vaughan, Finance Director) Staff Comments Finance Director Vaughan addressed Council stating that a public hearing is required to be held on the Fiscal Year 2009-2010 Proposed Budget. She explained that all interested persons should be given an opportunity to be heard, either for or against any item on the proposed budget. She reported that at the Minutes August 25, 2009 Wylie City Council Page 2 end of the hearing, the Wylie City Council will schedule the date, time, and place that the vote will be taken on the final proposed budget. Public Hearing Mayor Hogue opened the public hearing for the FY 2009-2010 proposed budget at 6:16 p.m. asking anyone wishing to speak on this item to come forward and keep their comments to three minutes. No one was present wishing to address Council on the FY 2009-2010 proposed budget. Mayor Hogue closed the public hearing at 6:16 p.m. Council Discussion City Manager Manson addressed Council explaining that the proposed budget tonight was the same budget as presented at the budget work session. She reported that the not-for-profit donations of $37,000 was still part of the proposed budget pending direction from the council. That direction could be given tonight or at the September 8, 2009 council meeting. Councilman Goss suggested, due to the economic downturn and the need to continue assisting the Wylie Meals on Wheels Program voiced at the budget work sessions, that the city take the funding that had been set aside for council meals and allocate those funds to the Wylie Meals on Wheels Program. City Manager Manson reported that the amount set aside for council meals was $2,750. In addition to the Meals on Wheels allocation, direction from council was to leave the $37,000 in an account to be used for future events that had been proposed to be discontinued due to budget constraints. Councilman Goss noted that he felt the funding should not stay in an account but actually be used for events during the year, that benefited the community. Council Action A motion was made by Councilman Porter, seconded by Councilman Goss to set September 8, 2009 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 2000 Highway 78, North, Wylie TX as the date, time, and place at which the Wylie City Council will vote on the final proposed budget. A vote was taken and the motion passed 7-0. Tabled From July 28,2009 Council Action A motion was made by Mayor ProTem Byboth, seconded by Councilman White to remove Item #2, consideration of expansion of the Downtown Historic District, from the table and consider. A vote was taken and the motion passed 7-0. 2. (MOTION TO REMOVE FROM TABLE) Continue a Public Hearing and consider, and act upon, amending regulations to Zoning Ordinance No. 2001-48, Article 6, as it relates to the proposed expansion of the Downtown Historic District to include property on Ballard Avenue north of Brown up to approximately 419 North Ballard on the west and Block 1 Tract 48 of the Truett Abstract on the east. ZC 2009-04 (R. 011ie, Planning Director) Minutes August 25, 2009 Wylie City Council Page 3 Staff Comments Planning Director 011ie addressed Council stating that at its July 28th meeting, Council tabled the subject request to allow staff additional time to visit with property owners to ensure that those affected are fully aware of the impact of the proposed changes. Staff met with the Downtown Merchants Association and presented an overview of the proposal. Part of the discussion included the advantages/disadvantages as mentioned by those citizens in attendance at the July 7th Planning and Zoning Commission meeting. In addition, staff stated the overall vision for the Downtown Historic District and by preserving the historic feel and allowing a mixed use low intense commercial type environment would benefit in keeping downtown vibrant. She reported that the consensus of the downtown merchants present was that there was no downside to extending the district. Ms. 011ie reported that staff had the opportunity to speak with a representative from St. Anthony's Catholic Church in regards to their opposition of the request. The church's stance is that they feel inclusion of the church properties would limit their options for the use of the land. Public Hearing Mayor Hogue opened the public hearing for the extension of the Downtown Historic District at 6:26 p.m. asking anyone wishing to speak on this item to come forward and keep their comments to three minutes. The following citizens spoke in opposition to the proposed extension of the Downtown Historic District: Rita Smith, residing at 401 N. Ballard, Wylie, TX Reverend Andrew Semler, St. Anthony's Catholic Church Christine Walk, residing at 408A N. Jackson Street, Wylie, TX John Orlando, residing at 3109 Glenwood Drive, Wylie, TX ETJ (Representing St. Anthony's Catholic Church) John Fitzpatrick, residing at 103 Oak Street, Wylie, TX Rob Baldwin, residing at 40C Exposition, Dallas, TX (Representing St. Anthony's Catholic Church) Martin Warborg, 21 Cedar Bend Trail, Lucas, TX (Representing St. Anthony's Catholic Church) Mayor Hogue closed the public hearing for Zoning Case No. 2009-04 at 6:50 p.m. Council Discussion Mayor Hogue asked Planning Director 011ie how this proposed change would affect St. Anthony's Catholic Church. Ms. 011ie replied that in her opinion this change would have very little affect on the church, there are regulations, that is what zoning is but the proposed zoning change does allow the church a lot of flexibility. For instance, if they were to decide to build a school, under the current ordinance the spacing for required parking would be much more that the relaxed requirements under the historic district zoning. Because it is a commercial structure their guidelines are different than residential and the brick currently used would be allowed within the DTH zoning. Mayor Hogue asked Planning Director 011ie if she, as the planning director, foresaw commercial in the extended DTH. Ms. 011ie replied that she foresaw a mix of residential and commercial businesses in the DTH. She explained that the outside of the commercial business might look like a residential property but under the DTH zoning the city would have control over the look of the commercial business structures; giving a look of historic with commercial usage. Minutes August 25, 2009 Wylie City Council Page 4 Mayor ProTem Byboth and Councilman Porter voiced concerns with a letter received by the Catholic Diocese of Dallas claiming that the proposed change to DTH would restrict the exercise of the Parish's religious activities. Mayor ProTem Byboth asked Planning Direct 011ie if in the past any church was restricted from exercising their religious activities in the Downtown Historic District. Planning Director 011ie stated that no church had been restricted from performing religious activities within the DTH. She explained that through state laws, municipalities have no authority to restrict any church in the performance of their religious activities nor can they restrict where a church is built. Reverend Semler (St. Anthony's Catholic Church) responded to the questions stating that he was happy with the relationship between the church and the city but felt with the new proposed zoning, it would limit how the church could to worship, as we are called as Christians. He requested that the church be left out of the proposed DTH extension. Mayor ProTem Byboth voiced his concern with regard to considering what is in the best interest of all the taxpayers of the City of Wylie. He stated that with the large amount of tax exempt property within the city, including the church, he wanted to consider what was best for the taxpaying public of the city and assisting the businesses in the downtown area. He noted that he was prepared to ask for consideration of a compromise that would appease not only the church but the taxpaying citizens of the city as well. Mayor ProTem Byboth announced that he had a motion for the council to entertain that would not only protect the church's wishes but would benefit the overall downtown district. This option will protect the old church structure and all of the property on Ballard Avenue and allows the church to enjoy their land under the current zoning. Council Action A motion was made by Mayor ProTem Byboth, seconded by Councilman Porter to approve amendments to zoning ordinance #2001-48 Article 6, as it relates to the proposed expansion of the downtown historic district to include those properties north of Brown Street fronting the west side of Ballard Avenue to approximately 419 North Ballard on the west and approximately 100 feet of frontage on the east parallel to the eastside to Ballard Avenue. A vote was taken and the motion passed 7-0. Mayor Hogue asked for a short recess to allow everyone in attendance a chance to join other citizens on S.H. 78 to welcome the troops coming in from overseas and returning home at 7:30 p.m. Mayor Hogue reconvened the meeting at 8:00 p.m. thanking everyone who participated in the "Welcome Home" celebration. 3. Hold a Public Hearing and consider, and act upon, amending the zoning from Commercial Corridor (CC) District to Commercial Corridor with Specific Use Permit (SUP) for a 250-foot Radio Tower (CC-w/SUP) District to be located along the northwestern portion of Wylie Municipal Complex. ZC 2009-05 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the city is proposing to construct a 252' tall Radio Tower. Radio, Television, or Microwave Tower as defined by the ordinance is allowed by SUP only within the Corridor Commercial zoning district. The Zoning Ordinance requires a Special Use Permit as a means for developing certain uses in a manner in which the proposed use will be compatible with adjacent Minutes August 25, 2009 Wylie City Council Page 5 property and consistent with the character of the area. Special use permits are required where site specific impacts may exist that require additional review to ensure compatibility between uses. Ms. 011ie reported that the Wylie Planning Commission recommended the SUP for approval by council at a vote of 6-1. Some of the comments returned by property owners opposing this tower were to find some way to cover the tower aesthetically. Fire Chief Corbin addressed Council explaining that the tower was required to join with other cities for the new communication system. Chief Corbin reported that this system would give continuous coverage from Wylie to Allen, Plano and Murphy. He reported that this new system would greatly improve communications for dispatch, police and fire. He asked the Wylie City Council to consider approval. Public Hearing Mayor Hogue opened the public hearing for Item #3 at 8:05 p.m. asking anyone present wishing to address Council to come forward and keep their comments to three minutes. Alan Adkins, 6600 LBJ Freeway, Ste. 160, Dallas, and representing the C.T. Beckham properties, addressed Council stating that he understood the need for the tower but asked Council for consideration of some type of aesthetics to place around the tower. With no other citizens wishing to address Council, Mayor Hogue closed the public hearing at 8:25 p.m. Direction from Council to staff was to research cost effective materials that could be placed around the tower for aesthetics but not hinder security at the site. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve amending the zoning from Commercial Corridor (CC) District to Commercial Corridor with Specific Use Permit (SUP) for a 252 foot Radio Tower (CC — W/SUP) District to be located along the northwestern portion of Wylie Municipal Complex. (ZC 2009-05) A vote was taken and the motion passed 7-0. General Business 4. Consider, and act upon, Ordinance No. 2009-22 renaming Valley Stream Circle to Cedar Valley Drive in the Bozman Subdivision. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that on very rare occasions it becomes necessary to rename or renumber a street to ensure the health, safety, and general welfare of the citizens of the City of Wylie is to rename a street. Due to public safety concerns, staff is requesting a street name change within the Bozman Subdivision. The subdivision was final platted in 2003 and created 278 residential lots with 22 common area lots. Valley Stream Drive is a double loaded street with twenty-one (21) residential single-family dwellings. The addresses range from 1301 through 1324. Valley Stream Drive curves into Valley Stream Circle. There are twenty-eight (28) residential single-family dwelling units along Valley Stream Circle. The homes on Valley Stream Circle are addressed from 1300 to 1333. With the confusion of the street names and numbers, it can and will delay emergency response. Over the course of several months, there have been a number of incidents where public safety has been dispatched to the subdivision and actually went to the wrong street. Ms. 011ie reported that forty nine letters were mailed out with two returning opposing comments and one responding with positive comments. Ms. 011ie stated that she had been in contact with the Postal Service to find out what would be required for those property owners affected by the name change. The postal Minutes August 25, 2009 Wylie City Council Page 6 service only requires a letter from the city showing the formal name change. She reported that the title companies would not require any change as they reference by property lot description only. Fire Chief Corbin reported that the name change was required for emergency responses. He reported that response time is hindered due to the duplication of like address numbers and similar street names. Citizen Comments The following citizens spoke in favor of Ordinance No. 2009-22 renaming Valley Stream Circle. Chris Morris, residing at 1304 Valley Stream Circle, Wylie, TX Brian & Michelle Thomason, residing at 1316 Valley Stream Circle, Wylie, TX Emmett Jones, residing 1210 Chestnut Hill Drive, Wylie, TX Council Discussion Councilman Goss requested that the name be completely different than Valley Stream Circle or Cedar Valley Drive. Planning Director 011ie reported that she had checked the list of city names and "Clear Creek Drive"was not currently being used. Council Action A motion was made by Councilman Goss, seconded by Councilman Jones to approve Ordinance No. 2009-22 renaming Valley Stream Circle to Clear Creek Drive in the Bozman Subdivision. A vote was taken and the motion passed 7-0. 5. Consider and act upon Ordinance No. 2009-23 creating a construction work zone for traffic and temporarily reducing the rate of speed on FM 1378 from Brown Street to Parker Road. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that on May 26, 2009, Council awarded a construction contract to L H Lacy Company for the reconstruction of FM 1378 from Brown Street to Parker Road. Lacy has started construction of the outfall storm sewer lines and will begin work in the road right of way within a few days. Due to the proximity of the workers and equipment to the existing travel lanes, it is necessary to reduce the speed on the roadway to 35 miles per hour. The ordinance is written such that when the project is completed, the speed limit will revert to the pre-construction limit of 45 miles per hour. Council Action A motion was made by Councilman Porter, seconded by Councilman Jones to approve Ordinance No 2009-23 creating a construction work zone for traffic and temporarily reducing the rate of speed on FM 1378 from Brown Street to Parker Road. A vote was taken and the motion passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. Minutes August 25, 2009 Wylie City Council Page 7 City Secretary Ehrlich read the captions or Ordinance No.'s 2009-22 and 2009-23 into the official record. Mayor Hogue announced that there would be no executive session at this time. 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. • Placement of Kiosk Plazas on Private Property. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Porter, seconded by Councilman White to adjourn the meeting at 8:45 p.m. Consensus of the Wylie City Council was to adjourn. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes August 25, 2009 Wylie City Council Page 8 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8, 2009 Item Number: B Department: Police Department (City secretary's Use Only) Prepared By: Chief John Duscio Account Code: Date Prepared: August 31, 2009 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2009-24(R) authorizing the Mayor to execute a Multi—Year Step Program Grant Agreement, in the amount of $68,481.59 for 2010, $78,009.91 for 2011, and $88,493.75 for 2012, with the State of Texas Department of Transportation. Recommendation Motion to approve Resolution No. 2009-24(R) authorizing the Mayor to execute a Multi—Year STEP Program Grant Agreement, in the amount of$68,481.59 for 2010, $78,009.91 for 2011, and $88,493.75 for 2012, with the State Texas Department of Transportation. Discussion The Texas Department of Transportation has awarded the City of Wylie a Multi—Year Grant for FY 2010-2012. The grant money is to be used to pay off duty officers to work traffic enforcement. The grant requires the Police Department to focus on speeding violations and DWI arrests. The local match requirement for 2010 equals $18,254.59, 2011 equals $37,168.01, and 2012 equals $56,832.75. The match amount will be incorporated in the 2010-2012 annual budgets. The benefit of the multi-year grant is the ability to lock in the award amount over the next 3 years regardless of the availability of TXDOT funding. The match amount does increase annually. Approved By Initial Date Department Director JD 8/31/09 City Manager Page 1 of 1 RESOLUTION NO. 2009-24(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A MULTI -YEAR STEP PROGRAM GRANT AGREEMENT IN THE AMOUNT OF $68,481.59 FOR 2010, $78,009.91 FOR 2011, and $88,493.75 FOR 2012 WITH THE STATE OF TEXAS DEPARTMENT OF TRANSPORTATION. WHEREAS, the State of Texas acting through the Texas Department of Transportation pursuant to Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967; and the Highway Safety Performance Plan for Fiscal Years 2010 through 2012 has deemed it beneficial to award a multi-year, 2010-2012 STEP Program Grant; and WHEREAS, the goal of the STEP Program Grant is to increase effective enforcement and adjudication of traffic safety-related laws to reduce fatal and serious injury crashes; reduce the number of DWI-related crashes, injuries, and fatalities; and to increase occupant restraint use in all passenger vehicles; and WHEREAS, the Texas Department of Transportation has awarded the City of Wylie a STEP grant in the amount of$68,481.59 for 2010, $78,009.91 for 2011, and $88,493.75 for 2012. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS; SECTION 1: That the City of Wylie hereby certifies that the matching share for this STEP grant will be allocated in the 2010, 2011, and 2012 annual budgets. SECTION 2: That the City of Wylie hereby authorizes the Mayor to execute the STEP Program Grant Agreement with the State of Texas Department of Transportation. DULY PASSED AND APPROVED by the City Council of the City of Wylie on this the 8th day of September, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2009-24(R) Multi-Year STEP Program Grant Texas Dept of Transportation Texas Traffic Safety eGrants Fiscal Year 2010 Organization Name: City of Wylie Legal Name: City of Wylie Payee Identification Number: 17560007191006 Project Title: STEP - 2010 Comprehensive ID: 2010-Wylie-S-MYG-Yr1 -0089 Period: 10/01/2009 to 09/30/2010 Page 1 of 47 City of Wylie STEP - 2010 Comprehensive TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Wylie hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2010. Project Title: STEP - 2010 Comprehensive Grant Period: This Grant becomes effective on 10/01/2009 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2012 unless terminated or otherwise modified. Total Awarded: $306,485.35 Amount Eligible for Reimbursement: $194,210.50 Match Amount: $112,274.85 201 0-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 2 of 47 City of Wylie STEP - 2010 Comprehensive TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation City of Wylie Commission for the purpose and effect of activating and/or carrying out orders, [Legal Name of Agency] established policies or work programs approved and authorized by the Texas Transportation Commission By: By: [Authorized Signature] [District Engineer Texas Department of Transportation] [Name] [Name] [Title] [Title] Date: Date: Under the authority of Ordinance or By: Resolution Number (for local government): (If Applicable) Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) [Resolution Number] Date: 2010-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 3 of 47 City of Wylie STEP - 2010 Comprehensive Program Element Selection YEAR LONG 1-7 DWI DWI: Driving While Intoxicated I " Speed Speed: Speed Enforcement I -" OP OP: Occupant Protection (Safety Belt and Child Safety Seat) 17 ITC ITC: Intersection Traffic Control WAVE Jurisdiction wide (DWI enforcement effort must be focused at locations DWI where there is an over-representation of alcohol-related crashes and/or DWI arrests) Jurisdiction wide (Speed enforcement should be focused on areas where Speed there is at least a 50% noncompliance with the posted speed limits and/or a higher number of speed-related crashes) ! OP Jurisdiction wide CMV Speed, OP CMV: Commercial Motor Vehicle; HMV: Hazardous Moving Violations and HMV Note: If a DWI component is selected above, an SFST letter is no longer required to be submitted with the proposal. 201 0-Wyl ie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 4 of 47 City of Wylie STEP - 2010 Comprehensive General Information Project Title STEP - 2010 Comprehensive How many years has your organization received This will be our third year. funding for this project? Project Director Name Michael Atkison Organization Address 2000 N. Highway 78 Wylie, TX 75098 Mailing Address Multi Year Proposal Selection 2010-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 5 of 47 City of Wylie STEP - 2010 Comprehensive Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-110); OMB Circular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMB Circular A-133; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) §§4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a 201 0-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 6 of 47 City of Wylie STEP - 2010 Comprehensive purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, 201 0-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 7 of 47 City of Wylie STEP - 2010 Comprehensive unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If the Project Budget specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants) messaging system, prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI&E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of(100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "Pl&E Activities." The TxDOT amount for Subcategory B, "Pl&E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with 2010-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 8 of 47 City of Wylie STEP - 2010 Comprehensive underrun funds from Budget Categories II or III. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A-21, Cost Principles for Educational Institutions; • A-87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A-122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty-five (45) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. 2010-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 9 of 47 City of Wylie STEP - 2010 Comprehensive ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants system messaging. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short-term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, 2010-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 10 of 47 City of Wylie STEP - 2010 Comprehensive overruns, or high unit costs. The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing, through eGrants messaging, of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all 201 0-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 11 of 47 City of Wylie STEP - 2010 Comprehensive claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: • This Agreement is terminated in writing with the mutual consent of both parties; or • There is a written thirty (30) day notice by either party; or • The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. 201 0-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 12 of 47 City of Wylie STEP - 2010 Comprehensive If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States, Local Governments, and Other Non-Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of$25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of$25,000 shall contain all applicable terms and conditions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a 2010-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 13 of 47 City of Wylie STEP - 2010 Comprehensive bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: • 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or • 49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY 201 0-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 14 of 47 City of Wylie STEP - 2010 Comprehensive Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department through eGrants messaging. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified 2010-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 15 of 47 City of Wylie STEP - 2010 Comprehensive by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: • The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. • The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract. 201 0-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 16 of 47 City of Wylie STEP - 2010 Comprehensive Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT/SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the 2010-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 17 of 47 City of Wylie STEP - 2010 Comprehensive Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: http://www.dot.state.tx.us/cso/default.htm. 2010-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 18 of 47 City of Wylie STEP - 2010 Comprehensive RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend Department-approved grant management training. D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI&E) activities. Salaries being claimed for PI&E activities must be included in the budget. F. When applicable, all newly developed PI&E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI&E procedures. G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district-managed grants, the Subgrantee must have obtained written Department district approval, through eGrants system messaging, for travel and related expenses if outside of the district boundaries. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. I. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. J. Ensure that each officer working on the STEP project will complete an officer's daily 201 0-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 19 of 47 City of Wylie STEP - 2010 Comprehensive report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. M. If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. O. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. P. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. T. The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle Up Texas Web site at www.buckleuptexas.com. 2010-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 20 of 47 City of Wylie STEP - 2010 Comprehensive RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: • review of periodic reports • physical inspection of project records and supporting documentation • telephone conversations • e-mails and letters • quarterly review meetings • eGrants system messaging B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: • Ascertain whether or not the project objectives were met • Review project accomplishments (performance measures completed, targets achieved) • Document any progress towards self-sufficiency • Account for any approved Program Income earned and expended • Identify exemplary performance or best practices 201 0-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 21 of 47 City of Wylie STEP - 2010 Comprehensive Goals and Strategies Goal: To increase effective enforcement and adjudication of traffic safety-related laws to reduce fatal and serious injury crashes Strategies: Increase enforcement of traffic safety-related laws. Increase public education and information campaigns. Goal: To reduce the number of DWI-related crashes, injuries, and fatalities Strategy: Increase enforcement of DWI laws. Goal: To increase occupant restraint use in all passenger vehicles and trucks Strategy: Increase enforcement of occupant protection laws. FI agree to the above goals and strategies. 201 0-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 22 of 47 City of Wylie STEP - 2010 Comprehensive Baseline Information Baseline Year (12 From 10/1/2007 to 9/30/2008 months) Baseline Measure Baseline Number Number of Driving While Intoxicated (DWI) 212 arrests Number of speed citations 1176 Number of safety belt 334 citations Number of child safety 20 seat citations Number of Intersection Traffic Control (ITC) 175 citations Number of alcohol- 40 related crashes Number of speed- 85 related crashes Number of crashes occurring at 131 intersections Baseline Number Month/Year of Survey Percentage of speed 28.6 % 02/2009 compliance Percentage of safety 96 % 02/2009 belt usage Attach Speed Survey https://www.dot.state.tx.us/apps/egrants/_Upload/118050- data wylie09speedsurvey.pdf Attach Safety Belt https://www.dot.state.tx.us/apps/egrants/_Upload/118050- survey data wylie09opsurvey.pdf Support Document not https://www.dot.state.tx.us/apps/egrants/_Upload/118050- included in Survey wylie09itc.pdf Data 2010-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 23 of 47 City of Wylie STEP - 2010 Comprehensive Law Enforcement Objective/Performance Measure Objective/Performance Measure Target Number 1. Number and type citations/arrests to be issued under STEP a. Increase DWI arrests by 80 b. Increase Speed citations by 1800 c. Increase Safety Belt citations by 130 d. Increase Child Safety Belt citations by 10 e. Increase ITC citations by 180 2. Proposed total number of traffic related crashes a. Reduce the number of Alcohol-Related crashes to 35 b. Reduce the number of Speed-Related crashes to 79 c. Reduce the number of ITC-related crashes to 125 3. Increase speed compliance a. Increase the speed compliance rate to 31% 4. Increase safety belt usage a. Increase the safety belt usage rate among drivers and front seat 96.5% passengers to 5. Number of Enforcement Hours 1265 Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non-STEP funded citation and arrest activity due to the prohibition of supplanting Step Indicator 3.01 201 0-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 24 of 47 City of Wylie STEP - 2010 Comprehensive PI&E Objective Performance/Measure Object/Performance Measure Target Number Support Grant efforts with a public information and education (PI&E) program a. Conduct presentations 6 b. Conduct media exposures (e.g. news conferences, news releases, 5 and interviews) c. Conduct community events (e.g. health fairs, booths) 2 d. Produce the following number of public information and education 0 materials e. Number of public information and education materials distributed 1500 2010-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 25 of 47 City of Wylie STEP - 2010 Comprehensive Operational Plan [—Not Applicable(Click on this check-box if this is a Multi-Year proposal and if you would like to use the Yr1 Operational Plan) Site Survey Results Number Type Site Description (Compliance Enforcement Period Percentage) 11 OP City Wide ; 96 7 days/week, daylight hours I I-® p Speed 800 block 1 Speed 800 S. sH to78 300 block N j 18 7 days/week, 24 hours/day I 3 miles 40 mph a F M 544 SH 78 to W City Limits F 2 Speed 4 miles i 26.6 same 45 mph i W. Brown St. from Ballard to 3 Speed Westgate 41.3 Same 3 miles 20 mph r 1 1-1----- DWI Jurisdiction-wide I N/A Fr 8pm/sat 4a, sat 8p - sun 4a, sun 5p - mon 2a 1--®1 I I I 2010-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 26 of 47 City of Wylie STEP - 2010 Comprehensive I ITC FM 544 @ SH 78 N/A 1 7 days week/24 hours r2 ITC 1 FM 1378 @ FM 544 1 N/A 7 days week/24 hours 2010-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 27 of 47 City of Wylie STEP - 2010 Comprehensive Operational Plan nNot Applicable (Click on this check-box if this is a Multi-Year proposal and if you would like to use the Yr1 Operational Plan) Site Survey Results Number Type Site Description (Compliance Percentage) Enforcement Period 3 ITC FM 544 @ Westgate N/A 7 days week/24 hours 4 ITC Brown @ SH 78 N/A 7 days week/24 hours r5 ITC Ballard @ SH 78 N/A 7 7 days week/24 hours 2010-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 28 of 47 City of Wylie STEP - 2010 Comprehensive Budget Summary Budget Category TxDOT Match Total 1 Category I - Labor Costs i (100) Salaries: $59,731.00 $0 $59,731.00 (200) Fringe Benefits: $0 $8,750.59 $8,750.59 Sub-Total: $59,731.00 $8,750.59 $68,481.59 Category II -Other Direct Costs (300) Travel: $10,056.50 $9,510.0 �0 $19,566.50 r T _(400) Equipment: $0 (500) Supplies: F so (600) Contractual Services: $0 -7 (7nm Other $0 Miscellaneous: Sub-Total: $10,056.50 $9,510.00 $19,566.50 Total Direct Costs: $69,787.50 $18,260.59 $88,048.09 I Category III - Indirect Costs (800) Indirect Cost Rate: $0 Summary Total Labor Costs: $59,731.00 $8,750.59 $68,481.59 Total Direct Costs: $10,056.50 $9,510.00 $19,566.50 Total Indirect Costs: $0 Grand Total $69,787.50 $18,260.59 $88,048.09 i Fund Sources 79.26% 20.74% (Percent Share): i Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in Egrants. 2010-Wylie-S-MYG-Yr1-0089 Printed On: 8/28/2009 Page 29 of 47 Texas Traffic Safety eGrants Fiscal Year 2010 Organization Name: City of Wylie Legal Name: City of Wylie Payee Identification Number: 17560007191006 Project Title: STEP - 2010 Comprehensive ID: 2011-Wylie-S-MYG-Yr2-0091 Period: 10/01/2010 to 09/30/2011 Page 30 of 47 City of Wylie STEP - 2010 Comprehensive Program Element Selection YEAR LONG 1 " DWI DWI: Driving While Intoxicated I " Speed Speed: Speed Enforcement IT OP OP: Occupant Protection (Safety Belt and Child Safety Seat) 17 ITC ITC: Intersection Traffic Control WAVE Jurisdiction wide (DWI enforcement effort must be focused at locations I DWI where there is an over-representation of alcohol-related crashes and/or DWI arrests) Jurisdiction wide (Speed enforcement should be focused on areas where r— Speed there is at least a 50% noncompliance with the posted speed limits and/or a higher number of speed-related crashes) I OP Jurisdiction wide CMV Speed, OP CMV: Commercial Motor Vehicle; HMV: Hazardous Moving Violations and HMV Note: If a DWI component is selected above, an SFST letter is no longer required to be submitted with the proposal. 2011-Wylie-S-MYG-Yr2-0091 Printed On: 8/28/2009 Page 31 of 47 City of Wylie STEP - 2010 Comprehensive General Information Project Title STEP - 2010 Comprehensive How many years has your organization received This will be our fourth year. funding for this project? Project Director Name Michael Atkison Organization Address 2000 N. Highway 78 Wylie, TX 75098 Mailing Address Multi Year Proposal Selection 2010-Wylie-S-MYG-Yr1-0089 2011-Wylie-S-MYG-Yr2-0091 Printed On: 8/28/2009 Page 32 of 47 City of Wylie STEP - 2010 Comprehensive Goals and Strategies Goal: To increase effective enforcement and adjudication of traffic safety-related laws to reduce fatal and serious injury crashes Strategies: Increase enforcement of traffic safety-related laws. Increase public education and information campaigns. Goal: To reduce the number of DWI-related crashes, injuries, and fatalities Strategy: Increase enforcement of DWI laws. Goal: To increase occupant restraint use in all passenger vehicles and trucks Strategy: Increase enforcement of occupant protection laws. 1 7 I agree to the above goals and strategies. 2011-Wylie-S-MYG-Yr2-0091 Printed On: 8/28/2009 Page 33 of 47 City of Wylie STEP - 2010 Comprehensive Baseline Information Baseline Year (12 From 10/1/2007 to 9/30/2008 months) Baseline Measure Baseline Number Number of Driving While Intoxicated (DWI) 212 arrests Number of speed 1176 citations Number of safety belt 334 citations Number of child safety 20 seat citations Number of Intersection Traffic Control (ITC) 175 citations Number of alcohol- 40 related crashes Number of speed- 85 related crashes Number of crashes occurring at 131 intersections Baseline Number Month/Year of Survey Percentage of speed 28.6 % 02/2009 compliance Percentage of safety 96 % 02/2009 belt usage Attach Speed Survey https://www.dot.state.tx.us/apps/egrants/_Upload/118181- data wylie09speedsurvey.pdf Attach Safety Belt https://www.dot.state.tx.us/apps/egrants/_Upload/118181- survey data wylie09opsurvey.pdf Support Document not https://www.dot.state.tx.us/apps/egrants/_Upload/118181- included in Survey wylie09itc.pdf Data 2011-Wylie-S-MYG-Yr2-0091 Printed On: 8/28/2009 Page 34 of 47 City of Wylie STEP - 2010 Comprehensive Law Enforcement Objective/Performance Measure Objective/Performance Measure Target Number 1. Number and type citations/arrests to be issued under STEP a. Increase DWI arrests by 100 b. Increase Speed citations by 1900 c. Increase Safety Belt citations by 130 d. Increase Child Safety Belt citations by 10 e. Increase ITC citations by 235 2. Proposed total number of traffic related crashes a. Reduce the number of Alcohol-Related crashes to 33 b. Reduce the number of Speed-Related crashes to 76 c. Reduce the number of ITC-related crashes to 120 3. Increase speed compliance a. Increase the speed compliance rate to 33% 4. Increase safety belt usage a. Increase the safety belt usage rate among drivers and front seat 970/0 passengers to 5. Number of Enforcement Hours 1455 Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non-STEP funded citation and arrest activity due to the prohibition of supplanting Step Indicator 3.01 2011-Wylie-S-MYG-Yr2-0091 Printed On: 8/28/2009 Page 35 of 47 City of Wylie STEP - 2010 Comprehensive PI&E Objective Performance/Measure Target Object/Performance Measure Number Support Grant efforts with a public information and education (PI&E) program a. Conduct presentations 6 b. Conduct media exposures (e.g. news conferences, news releases, 5 and interviews) c. Conduct community events (e.g. health fairs, booths) 2 d. Produce the following number of public information and education 0 materials e. Number of public information and education materials distributed 1500 2011-Wylie-S-MYG-Yr2-0091 Printed On: 8/28/2009 Page 36 of 47 City of Wylie STEP - 2010 Comprehensive 1 Operational Plan Not Applicable (Click on this check-box if this is a Multi-Year proposal and if you would like to use the Yr1 Operational Plan) Site Survey Results Number Type Site Description (Compliance Percentage) Enforcement Period I � 2011-Wylie-S-MYG-Yr2-0091 Printed On: 8/28/2009 Page 37 of 47 City of Wylie STEP - 2010 Comprehensive Budget Summary Budget Category TxDOT Match Total Category I -Labor Costs _`,___j (100) Salaries: $68,041.00 $0 j--®___®® $68,041.00 (200) Fringe Benefits: $0 $9,968.01 $9,968.01 Sub-Total: $68,041.00 $9,968.01 $78,009.011 Category ll -Other Direct Costs (300) Travel: $360.50 $19,206.00 $19,566.50 a (400) Equipment: 1— $8,000.00 $8,000.001 (500) Supplies: $0 (600) Contractual $0 Services: F.- ---1 (700) Other $0 Miscellaneous: Sub-Total: $360.50 $27,206.00 $27,566.50 Total Direct Costs: $68,401.50 $37,174.01 $105,575.51 Category Ill -Indirect Costs (800) Indirect Cost Rate: $0 Summary Total Labor Costs: $68,041.00 $9,968.01 $78,009.01 Total Direct Costs: $360.50 $27,206.00 $27,566.50 Total Indirect Costs: $0 Grand Total $68,401.50 $37,174.01 $105,575.51 Fund Sources 64.79% 35.21% (Percent Share): Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in Egrants. 2011-Wylie-S-MYG-Yr2-0091 Printed On: 8/28/2009 Page 38 of 47 Texas Traffic Safety eGrants Fiscal Year 2010 Organization Name: City of Wylie Legal Name: City of Wylie Payee Identification Number: 17560007191006 Project Title: STEP - 2010 Comprehensive ID: 2012-Wylie-S-MYG-Yr3-0093 Period: 10/01/2011 to 09/30/2012 Page 39 of 47 City of Wylie STEP - 2010 Comprehensive Program Element Selection YEAR LONG 17 DWI DWI: Driving While Intoxicated I -7 Speed Speed: Speed Enforcement 1-7 OP OP: Occupant Protection (Safety Belt and Child Safety Seat) I "-, ITC ITC: Intersection Traffic Control WAVE Jurisdiction wide (DWI enforcement effort must be focused at locations r— DWI where there is an over-representation of alcohol-related crashes and/or DWI arrests) Jurisdiction wide (Speed enforcement should be focused on areas where Speed there is at least a 50% noncompliance with the posted speed limits and/or a higher number of speed-related crashes) OP Jurisdiction wide CMV Speed, OP CMV: Commercial Motor Vehicle; HMV: Hazardous Moving Violations and HMV Note: If a DWI component is selected above, an SFST letter is no longer required to be submitted with the proposal. 2012-Wylie-S-MYG-Yr3-0093 Printed On: 8/28/2009 Page 40 of 47 City of Wylie STEP - 2010 Comprehensive General Information Project Title STEP - 2010 Comprehensive How many years has your organization received This will be our fifth or more year. funding for this project? y Project Director Name Michael Atkison Organization Address 2000 N. Highway 78 Wylie, TX 75098 Mailing Address Multi Year Proposal Selection 2010-Wylie-S-MYG-Yr1-0089 2012-Wylie-S-MYG-Yr3-0093 Printed On: 8/28/2009 Page 41 of 47 City of Wylie STEP - 2010 Comprehensive Goals and Strategies Goal: To increase effective enforcement and adjudication of traffic safety-related laws to reduce fatal and serious injury crashes Strategies: Increase enforcement of traffic safety-related laws. Increase public education and information campaigns. Goal: To reduce the number of DWI-related crashes, injuries, and fatalities Strategy: Increase enforcement of DWI laws. Goal: To increase occupant restraint use in all passenger vehicles and trucks Strategy: Increase enforcement of occupant protection laws. 7 I agree to the above goals and strategies. 2012-Wylie-S-MYG-Yr3-0093 Printed On: 8/28/2009 Page 42 of 47 City of Wylie STEP - 2010 Comprehensive Baseline Information Baseline Year (12 From 10/1/2007 to 9/30/2008 months) Baseline Measure Baseline Number Number of Driving While Intoxicated (DWI) 212 arrests Number of speed 1176 citations Number of safety belt 334 citations Number of child safety 20 seat citations Number of Intersection Traffic Control (ITC) 175 citations Number of alcohol- 40 related crashes Number of speed- 85 related crashes Number of crashes occurring at 131 intersections Baseline Number Month/Year of Survey Percentage of speed 28.6 % 02/2009 compliance Percentage of safety 96 % 02/2009 belt usage Attach Speed Survey https://www.dot.state.tx.us/apps/egrants/_Upload/118245- data wylie09speedsurvey.pdf Attach Safety Belt https://www.dot.state.tx.us/apps/egrants/_Upload/118245- survey data wylie09opsurvey.pdf Support Document not https://www.dot.state.tx.us/apps/egrants/_Upload/118245- included in Survey wylie09itc.pdf Data 2012-Wylie-S-MYG-Yr3-0093 Printed On: 8/28/2009 Page 43 of 47 City of Wylie STEP - 2010 Comprehensive Law Enforcement Objective/Performance Measure Objective/Performance Measure Target Number 1. Number and type citations/arrests to be issued under STEP a. Increase DWI arrests by 128 b. Increase Speed citations by 2000 c. Increase Safety Belt citations by 130 d. Increase Child Safety Belt citations by 10 e. Increase ITC citations by 254 2. Proposed total number of traffic related crashes a. Reduce the number of Alcohol-Related crashes to 30 b. Reduce the number of Speed-Related crashes to 75 c. Reduce the number of ITC-related crashes to 118 3. Increase speed compliance a. Increase the speed compliance rate to 35% 4. Increase safety belt usage a. Increase the safety belt usage rate among drivers and front seat 97 5% passengers to 5. Number of Enforcement Hours 1670 Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non-STEP funded citation and arrest activity due to the prohibition of supplanting Step Indicator 3.01 2012-Wylie-S-MYG-Yr3-0093 Printed On: 8/28/2009 Page 44 of 47 City of Wylie STEP - 2010 Comprehensive PI&E Objective Performance/Measure Object/Performance Measure Target Number Support Grant efforts with a public information and education (PI&E) program a. Conduct presentations 6 b. Conduct media exposures (e.g. news conferences, news releases, 5 and interviews) c. Conduct community events (e.g. health fairs, booths) 2 d. Produce the following number of public information and education 0 materials e. Number of public information and education materials distributed 1500 2012-Wylie-S-MYG-Yr3-0093 Printed On: 8/28/2009 Page 45 of 47 City of Wylie STEP - 2010 Comprehensive Budget Summary Budget Category I TxDOT Match Total Category I - Labor Costs (100) Salaries: $55,661.00 $21,525.00 $77,186.00 (200) Fringe Benefits: $11,307.75 $11,307.75 Sub-Total: $55,661.00 $32,832.75 $88,493.75 Category II -Other Direct Costs (300) Travel: $360.50 $24,007.50 $24,368.00 (400) Equipment: $0 (500) Supplies: $0 (600) Contractual $0 Services: (700) Other $0 Miscellaneous: Sub-Total: $360.50 $24,007.50 $24,368.00 Total Direct Costs: $56,021.50 $56,840.25 $112,861.75 Category III - Indirect Costs (800) Indirect Cost Rate: $0 Summary Total Labor Costs: $55,661.00 $32,832.75 $88,493.75 Total Direct Costs: $360.50 $24,007.50 $24,368.00 Total Indirect Costs: $0 Grand Total $56,021.50 $56,840.25 $112,861.75 Fund Sources 49.64% 50.36% (Percent Share): Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in Egrants. 2012-Wylie-S-MYG-Yr3-0093 Printed On: 8/28/2009 Page 47 of 47 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8, 2009 Item Number: C (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: 615-5725-58310 Date Prepared: 8/31/09 Budgeted Amount: $ 3,100,000 Exhibits: 3 Subject Consider, and act upon, approval and final acceptance of the construction of the 12-inch water line along Spinnaker Way and the Newport Harbor Electrical Conduits and authorize final payment to 2L Construction LLC in the amount of$17,961.85, and accept the project as complete. Recommendation Motion to approve final payment to 2L Construction LLC for the 12-inch water line along Spinnaker Way and the Newport Harbor Electrical Conduits in the amount of$17,961.85, and accept the project as complete. Discussion On January 13, 2009, a construction contract was awarded to 2L Construction LLC, in the amount of$183,211, for the installation of a 12-inch water line along Spinnaker Way and the Newport Harbor Electrical Conduits. The water line extends from Anchor Drive along Spinnaker Way to Coral Reef Lane and provides additional water capacity to portions of Newport Harbor and Birmingham Farms. All punch list items have been addressed by the contractor. The final contract amount after field changes and quantity adjustments is $179,681.50. The project is funded through the 2007 Certificates of Obligation which included $1,400,000 for the construction of the Newport Harbor Water Distribution Line and $1,700,000 for the construction of the 2,000,000 gallon ground storage tank. Approved By Initial Date Department Director CH 08/31/09 City Manager 0) St b I Page 1 of 1 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave.,Suite 600 Dallas,Texas 75243 Fax(214)461-8390 Phone(214)361-7900 JOHN W.BIRKHOFF,P.E. RONALD V.CONWAY,P.E. GARY C.HENDRICKS,P.E. JOE R.CARTER,P.E. PAUL A.CARLENE,P.E. MATT HICKEY,P.E. August 21, 2009 ANDREW MATA,JR.,P.E. Mr. Chris Hoisted,P.E. City Engineer City of Wylie 949 Hensley Lane Wylie,Texas 75098 Re: Spinnaker Way Water Line and Newport Harbor Pump Station Conduits Pay Request No.4&Final Dear Mr.Hoisted: We are enclosing three(3)copies of Pay Request No.4 and Final in the amount of$17,961.85 for work' performed by 2L Construction,LLC on the Spinnaker Way Water Line and Newport Harbor Pump Station Conduits project from June 26,2009 through August 14,2009. The project is complete. Please note that the final contract amount of$179,681.50 is revised from the original amount of$183,211.00 due to quantity adjustments for work actually completed. We are also enclosing the Contractor's Affidavit of Final Payment and Release for this project. The Record Drawings for the project were also provided by 2L Construction. Please verify that all the items on the punch list have been completed. If you concur with this pay request,please have it executed for the City of Wylie and forward one copy along with the fmal payment due to 2L Construction,LLC. Sincerely yours, Joe R. Carter,P.E. Enclosures cc: Mr. Donnie Leonardo(2L Construction, LLC) f:,ckricabwVbe,2006•I2$frill 375&spnnake Wt,sponaker\payre uc t'nx-4-rnaJ.doc Texas Firm F526 CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT AND RELEASE THE STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME,the undersigned authority,on this day personally appeared Dominick Leonardo ("Affiant"),who,after being by me duly sworn,deposes and says that he is President of 2L Construction L.L.C. (corporation,partnership,trade name) of Tarrant County,State of Texas(the "Contractor"),which said Contractor was awarded the contract dated the 13th day of January 20 09 ,for the construction of Spinnaker Way 12-Inch Waterline and Newport Harbor Pump Station Conduits in The City of Wylie,Texas (the"Work"),for a total consideration of $179,618.50 Dollars to be paid to the said Contractor(the "Contract"),and that Affiant has full power of authority to make this affidavit. That The City of Wylie,Texas (the "Owner") has approved the final estimate on said Work, and that the said Contractor has fully satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property Code,and Article 5160 of the Revised Civil Statutes of the State of Texas,or any other applicable statutes or charter provisions, and that all just bills for labor and materials have been paid and discharged by said Contractor insofar as they pertain to the Work in question. That in addition to any funds which may have been previously paid by the Owner,the Contractor hereby accepts the amount of $17,961.85 Dollars as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right Affiant and/or the Contractor may have to pursue claims of any nature against the Owner arising out of or in any manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the Contractor ("Subcontractors"), as well as claims for delay,additional compensation or for recovery of liquidated damages which may have been withheld by the Owner. The Contractor shall defend, hold harmless and indemnify the Owner from any such claims of such Subcontractors. The Contractor further releases the Owner from any claim or liability arising from any act or neglect of the Owner related to or connected with the Contract. This affidavit is given pursuant to the final payment provisions of the Contract,and shall not be deemed to alter or modify the terms and provisions of said Contract. 2L Constructio ,L.L. By r-. v (Affiant) 1:)01rlin,614_ Lnardo (Printed Name) SUBSCRIBED AND SWORN TO BEFORE ME,this the / g day of dlizA4/474 ,A.D. 2009. V J 1,2.; MISTY D MOSS 0".41-/X4114-1n. JIf , NOTARY PUMA (NotPlib1tc, n and for the State of Texas) h!� / Toss Comm.. /'l�1'r O. m Q 5� Eq.�P-O6J�J2043 (Printed Name of Notary) My Commission Expires 67— 3 - 420/3 cAdocormnts and sc"ings\missy_Iconardollncai scttingsttcmporary tntcrnct files lconlcnt.oatlookUc9ganytaflidavir.doc 1 MONTHLY PAY REQUEST Page 1 of 2 Owner: City of Wylie,Texas Pay Request No. 4 and Final Project: Spinnaker Way Water Line and Contract Date: January 13,2009 Newport Harbor Pump Station Conduits Original Contract Amount: $ 183,211.00 From: 26-Jun-09 To: 14-Aug-09 Final Contract Amount: $ 179,618.50 Project Start Date: 16-Feb-2009 Contractor: 2L Construction,LLC Est.Completion Date: 16-Apr-2009 Cal.Days 1 150 Blue Mound Rd.West,#815 Haslet Texas 76052 Allotted: 60 Used: 180 Quantity I Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount 1 12"Waterline by Open Cut w/C1.B+Embedment 0 L.F. 717 0 0 717.0 $35.00 $ 25,095.00 2 12"W.L.Open Cut w/CI.G Embed(Conc Encase) 0 L.F. 40 0 0 40.0 $85.00 $ 3,400.00 3 12"Gate Valve with Extended Operator 0 Ea. 3 0 0 3.0 $2,000.00 $ 6,000.00 4 Wet Connections with all Fittings o Ea. 2 0 0 2.0 $9,500.00 $ 19,000.00 5 18"Storm Sewer by Open Cut w/Cl.C Embedment o LF. 47 0 0 47.0 $30.00 $ 1,410.00 6 18"Storm Swr-Open Cut w/Cl.G Embed(Conc E o L.F. 17 0 0 17.0 $130.00 $ 2,210.00 7 18"RCP Storm Sewer Plug 0 Ea. 1 0 0 1.0 $400.00 $ 400.00 8 Connect 18" Storm Sewer to Existing Curb Inlet 0 L.S. I 0 0 1.0 $600.00 $ 600.00 9 Replace 10'Std Curb Inlet&Storm Sewer Lateral a L.S. 1 0 0 1.0 $4,500.00 $ 4,500.00 10 Two 4" PVC Electrical Conduits(TXU) o L.F. 208 0 0 208.0 $25.00 $ 5,200.00 11 Two Sets of(2)4"PVC Electrical Conduits(Wylie o L.F. 100 0 0 100.0 $100.00 $ 10,000.00 12 Terminate Primary Conduits at Riser Pole(TXU) 0 Ea. 1 0 0 1.0 $700.00 $ 700.00 13 One Electrical Handhole(Pull Box)(Wylie) o Ea. 1 0 0 1.0 $7,000.00 $ 7,000.00 14 One Electrical Transformer Pad w/Conduits(TXU) 0 Ea. 1 0 0 1.0 $4,500.00 $ 4,500.00 15 Saw Cut Existing Reinf.Concrete o L.F. 890 0 0 890.0 $2.50 $ 2,225.00 16 Properly Dispose of Reinf.Concrete 0 S.Y. 993 0 0 933.0 $10.00 $ 9,330.00 17 4'Reinforced Concrete Sidewalk 0 S.Y. 270 0 0 183.0 $45.00 $ 8,235.00 18 6" Reinf.Concrete&Alley Pavement o S.Y. 703 0 0 820.0 $40.00 $ 32,800.00 19 Barrier Free Ramp 0 Ea. 4 0 0 0.0 $1,000.00 $ - 20 6"Monolithic Concrete Curb a L.F. 550 0 0 647.0 $2.50 $ 1,617.50 21 Replace Existing Crepe Myrtle Tree 0 Ea. 6 0 0 6.0 $1,200.00 $ 7,200.00 3:\Wy&..200612 54S puuiak er`Pay Requet\Pay-Req.xis • MONTHLY PAY REQUEST Page 2 of 2 Quantity Quantity Complete Total [tem in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount 22 Traffic Control Devices o Mos. 2 0 0 2.0 $1,500.00 $ 3,000.00 23 Trench Safety Plan Design&Systems o L.F. 757 0 0 757.0 $1.00 $ 757.00 24 Transfer Pump Station Electrical Service o L.S. 1 0 0 1.0 $22,000.00 $ 22,000.00 25 Solid Sod Bermuda Grass o S.Y. 537 0 0 537.0 $3.00 $ 1,611.00 26 One Spare 4"PVC Electrical Conduit 0 L.F. 46 0 0 46.0 $18.00 $ 828.00 Prepared and Submitted by: BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Consulting Engineers,Da • ,Texas Total Amount $ 179,618.50 By: /1S 1 Less Amount Retained 0% $ - dort oe R.Carter,P.E. Date: 2I-Aug-2009 Total Amount Payable $ 179,618.50 Approved for Owner Less Previous Payments $ 161,656.65 By: Date: Amount Due This Request $ 17,961.85_ .1:',Wylie12006125'SphmakcPay Request\Pay-Req.xls Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8, 2009 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 08/26/09 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, Ordinance No. 2009-25 amending regulations to Zoning Ordinance No. 2001-48, Article 6, expanding the Downtown Historic District to include property on Ballard Avenue north of Brown Street. ZC 2009-04 Recommendation Motion to approve Ordinance No. 2009-25, amending regulations to Zoning Ordinance No. 2001-48, Article 6, expanding the Downtown Historic District to include property on Ballard Avenue north of Brown Street. ZC 2009-04 Discussion To amend, supplement, or change the regulations provided in the Zoning Ordinance requires passage of an Ordinance making the appropriate amendments; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The amendment is to extend the DTH District north of Brown Street along Ballard Avenue facing east and continuing north to Tract 4 of the Samuel B. Shelby Abstract and approximately 100 feet of frontage of those lots facing west and continuing north parallel to Ballard Avenue and encompassing all of Block 1, Lot 5 of the Russell #01 Addition and Block 1, Tract 49 of the James Truett Abstract. Zoning Ordinance 2001-48 Article 6, Section 6.3 Downtown Historic District, of the Comprehensive Zoning Ordinance of the City, is amended herein by the granting of this Ordinance. Approved By Initial Date Department Director RO 08/26/09 City Manager Al m //1 Page 1 of 1 ORDINANCE NO. 2009-24 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 2001-48 OF THE CITY OF WYLIE, TEXAS, BY AMENDING ARTICLE 6 SECTION 6.3 DOWNTOWN HISTORIC DISTRICT (DTH) REGULATIONS AND TO THE OFFICIAL ZONING MAP AS IT RELATES TO DISTRICT BOUNDARIES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Zoning Ordinance No. 2001-48, Article 6, Section 6.3 Downtown Historic District and the Official Zoning Map as it relates to district boundaries. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification, said property being described in Exhibit "A" (Figure 6-1 Downtown Historic District Boundaries) attached hereto and made a part hereof for all purposes. SECTION 2: Amendment to Zoning Ordinance No. 2001-48 The City of Wylie's Comprehensive Zoning Ordinance No. 2001-48 Article 6, Section 6.3 Downtown Historic District Boundary is hereby amended to read as follows: SECTION 6.3 DOWNTOWN HISTORIC DISTRICT (DTH) B. District Boundaries 1. The Downtown Historic District (DTH) is generally bounded by State Highway 78 on the south, Birmingham Street on the west, the eastern property line of those lots facing west on Second Street, Brown Street to the north, and those properties north of Brown Street along Ballard Avenue facing east and continuing north to Tract 4 of the Samuel B. Shelby Abstract and approximately 100 feet of frontage of those lots facing west and Ordinance No. 2009-24 Amending Zoning Ordinance No. 2001-48,Article 6 Expanding Downtown Historic District continuing north parallel to Ballard Avenue and encompassing all of Block 1, Lot 5 of the Russell #01 Addition and Block 1, Tract 49 of the James Truett Abstract. SECTION 3: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, 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 ordinance shall remain in full force and effect. SECTION 4: 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 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, as 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 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 8th day of September 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—September 16, 2009 Ordinance No.2009-24 Amending Zoning Ordinance No. 2001-48,Article 6 Expanding Downtown Historic District , ' ' I'. . ,' I - - • ''--.'- sr--• -''' -- 'at --- •-• -- - - .- - --i- '.... ; !- 1 : ri-tiiH LC) 0 1 II -I._ ',, ) ID - r, 1 - !- , : ,.. _ * CARVEROR 01 I ,,,. , riimiNdifiiim.sorw,_.... . --4. ' 1 • ' i . ' . . H , ' , ,.,, . A' ' -- . t -- i --1 ' * , ! ! ' ' 'XI ! : 1 ! •, ' ' ': -:..!!!!+:, 'T!, , ,!; 1 ; ' '0.jigni — , ' . . _ 1 SJACKSONAVE mm, ,,_ , ;40 .".• 7 Z i 1 i 1 1, SAY NOSNOVf N .-1 , t_. i . . , 0 ._ •7.7.,-.T ---r.,----:-:---,,-7:: :..:,-.-.7.1.1.7.:....-...-...."..'... ,".`''.'22.. tirrir+_... .1 d,de ,i:- ; II". g ; ..... ' . .. I ,. ; - i - ' - I 1/4 ; -- ; , ,-," ,'. •1 : ' i , i - I i - - H x . ,.. .,_. ! ...' ! ! !i '' ' ' ' ' i AM , .AilIAL.LARD AVE _ .........., N BALLARD AVE mil ed , CI 4. '. •. ,. ‘.I 1 ; , '-; ! : 1 i' : , . . H ,--, i -, ,. !..! ! 1 - 1- !---i,r! . . . :.. ...., L.-. 1-3 0 4, ' ' , iiii..-.L!,-:;-'maciAgo..vidg ---,...E.,---.1...L: A I • . . , -.. IS ISi S.; -IS IS VN :. ... ,. 1 ; , • p• .. 'o':. 1 '1811110-7- --7-1.------ 7-!I l''' : ... rr . , 1 ' i ' ! ' 1 ,, . in I 1 ! 1 I !: 11 ! ! ' , [ ' ' ' i : , .! -4 : IS ON033S S I ... N IND ST I , ,,,...,......... .., rr , . , , I . . . , , • '-ul 1.-- --- '-'! I_!!_i ! . , 14---1-nniiw--- sifti---L-14•Liz..-_-"mi ' ..__..... , -, I ', - '. ' -N 3R0 ST- s THIRD sT _,. __ N,3RD ST --,— 1--T--' ' , ; • i _ , : - , . . , II i ' 71 ; 1 1 ---- 1 ' , I ' . , r .:7 I i ...7...: ; , 1 I' ' ' I ca Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8, 2009 Item Number: E Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 08/26/09 Budgeted Amount: Exhibits: Three Subject Consider, and act upon, Ordinance No. 2009-25, amending the zoning from Commercial Corridor (CC) District to Commercial Corridor with Specific Use Permit (SUP) for a 252-foot Radio Tower (CC -w/SUP) District to be located along the northwestern portion of Wylie Municipal Complex. ZC 2009-05 Recommendation Motion to approve Ordinance No. 2009-25, amending the zoning from Commercial Corridor (CC) District to Commercial Corridor with Specific Use Permit (SUP) for a 252-foot Radio Tower (CC -w/SUP) District to be located along the northwestern portion of Wylie Municipal Complex. ZC 2009-05 Discussion Owner/Applicant: City of Wylie Zoning Case 2009-05 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The subject Radio Tower will be located along the northwestern portion of the Wylie Municipal Complex, located at 2000 N. Hwy 78. Currently, the 7.14-acre tract is being used for municipal administrative services. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Approved By Initial Date Department Director RO 08/26/08 City Manager ji t" oZ Page 1 of 1 ORDINANCE NO. 2009-25 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2009-05, FROM COMMERCIAL CORRIDOR (CC) DISTRICT TO COMMERCIAL CORRIDOR WITH SPECIFIC USE PERMIT (SUP) FOR A 252-FOOT RADIO TOWER (CC -W/SUP) DISTRICT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Corridor Commercial with Specific Use Permit (CC-w/SUP) District, said property being described in Exhibit "A" Legal Description, and Exhibit"B" Location Map, attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No. 2009-25 Amending zoning from CC to CC with SUP Radio Tower at Municipal Complex SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7; The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11th day of September, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—September 16, 2009 Ordinance No.2009-25 Amending zoning from CC to CC with SUP Radio Tower at Municipal Complex EXHIBIT "A" LEGAL DESCRIPTION ZONING CASE #2009-05 Being a tract of land situated at 2000 Highway 78 North, being Abstract No. 688- 2, Tract 195 in the Francisco De La Pina Survey, also being in the City of Wylie, Collin County, Texas. OWNER'S CERTIFICATE STAY[0(iEXAs � COUNTY Of COLLIN WHEREAS,the City of W of a tractal Ian situated in the Francisco ds a Pinto Survey.Abstract No,688 in Vn• t of Wylie.Collin yCounty.T•a eon being a I a tractof lad conveyed to 1 City 1 Wyllie by deed recorded In /P \ iw w���i asI lello 56)e.Pay•06127,0 d Raoorda.dCollin County,ieaaa.and being omen•particularly described by melee and bounds R� -r e �\' Baginnin9s of a I/2 m ribs gad mane for corner.and being in I.NU.m une of stet.Highway No.>e North(a.arable 'if. �[N 4 width right-of-way)and being the Soulheasl corner of Lot I,Black A,WOODUKE VILLAGE,an addition to Ise City of Wylie, 13 1,E 3B Collin County,Texas according al the plat thereof recorded in Cabinet G.Page 385,Plot Records,COIhn County.Texas: ors coo... N15' Thence Norm 01 degnn 29 mi..00 seconds East,leaving the North Ilse of sad Slate Highway N 78 North o along GRAPHIC SCALE ' I IREP COF W000UKE VILLAGE the corner. onlde of beingold the LNortheasl1corner of saidce ot Lot of 1'and to being in the iron South tine al Centennial Dd.stamped 80 foe A INC"for LOT 1ft-3R1,BLOCK C n9h1 rot-way): ve P w e / a N.Oke CAB.R.PG. 137 - i 3C thence No 76 degrees 23 minutes 11 seconds East,along the South line of sold Centennial Drive,a dl lie t 389.44 1 Ix IX to a n/2 Inch non rod set with allow copstamped-OCRAt INC"for lco ner,a and being the Northwest cc 0'of Lot 1R-3R1,Block C.REPLAY OF WOODLAKE VILLAGE,on addition to City o Wylie,Collin County.T as according ro t•plat A9 ;pe thereof recorded in Cabinet R,Page 137.Plat Records,Collin County,Texas: rtjYt�op - I IJ 0< �I Thence ee1a3 .Y[. Sou.01 degrees 29 minutes 00 second west,along the West of said Lot IR-3R1.and along I he e of Lots 1R-3R2R ntlpl Lot -4RR,f Block C.REPLATeOF OOOLAKF VILLAGE.Ito addition to the City of Pyle,Collin County.nTexas HO. according to theat thereof recorded in a 2007.Page 31.Plot R e.Collin County'Texas,Yof distant•of 577.43 A Velum n in th lest to a 5/B inch iron rod found for comer,and being the Southwest comer of said Lot fl-4RR.and being s North 1T line of sold Stale Highway No.]8 North: m. V Thence North 88 degrees 31 minutes 00 seconds Waal,along I.North Tin•a sold State Highway No.]e Nortn,a distance 1 tat n of I of 376.00 flit to ins Point of mutesBeginning0 and containing long I square feet or 7.14 aces of land. r .c OWNERS DEDICATION II w Casa.on - /-,�6b v� NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: �B does hereby Ih•City of Wylie,acting by and throug its eboduly d authorized officer, n a adopt this plat,designating the hereine d property as WYLIE MUNICIPAL COMPLEX.a SITEeys I id LOT IR-3R2R City of Wylie,Collin County,Tee.and do hereby dedic..in lee simple,to tit•public use tower the streets a. It " ��a M ti.In shown dedicated f n.The public streets•;rrrr. ore dedicated for indicated m n this.The No menu eon':.s.trees use rubs. h•except wn are dhows M for tn•public u ley r Ine purposes Instreet pop Ines plat.Ea buents a.1 n lids r grow.shall o ea trusted,reconst uct.,orl placed upon,00v r or act a These eenta •hoown. n s 'hattr landsccappe im ements may be^Iclog.In lands rpde•a ants,II app ved by IM1e City of Wylie.In addition.Utility L. - - - r �� Eesemnts may also be used for mutual use or coin ation o all public unit.desirefng to uz•a sing to sat. WOODLAKE VILLAGE WYUE MUNICIPAL COMPLEX o the sr ICe a to aprticular utilities.said use by public utilities being subordinate to the Public s and City of• ea L+•, / LOT t,BLOCK A F3oa OARS W li•'sausee thereof.TM1•City of Wylie and public utility entities shall have the right to remove and keep removed all or parts LOT 1,BLOCK B r es' alga Y buildings.fences.o nto trees,shrubs a other Improvements or growl.which may In any w endanger or v rotaries with purpose CAB.G.PC.385 31.14 c lies 3 y1# h f uction.m efficiency a heir respective systems In sold Easements.The City of ylle and public -1 7.14 a nB e�[]x5 ems' TRttia^shall at all iimo nave the full right oflingress and egress to ar from and upon tM1 aaid spasm nta r Ins VICINITY MAP a Nd- of onto acting•re= ting,Inspecting.patrolling,maintaining and addng to removing ail r parts of Ueonapecve NOT TO SCALE u H systems N without the necessity al any lima of procuring I.permission o o e e.r I In Y t y osLss g This plat approved subject of all platting ordinances,rules,regulations and nr solutions o I.City o e.Texas. ec�. <oyTs°' \ \I u e WITNESS,my hand al Wylie,Texas,this TM1•__day of 2009. d' I. F- Z � ^ esce sl gCity of Wylie STATE Of TEXAS --- _ x COUNTY OF COLLIN u 0x0 BEFORE 4E,theundersigned,a Notary Public in and for said County and Slate an this day appears _--- 'n- -roc, a... ut known la me the person«tics none subscribed to 1 foregoing i...n1 and acknowledged to me O he/she u.xn.ter ccrn[,Teri. o to be • Is the p.sPO,w v 1"m'O° executed the Dome for the purposes and considerations therein expressed. LOT iR-!RR GIVEN UNDER MY HAND AND SEAL Of OFFICE,tole I.___day of___-_-- 2p09. 4 KR o: ' Notary Public In antl for the State of Texas.-----_--- WRI ea �s,,p14' s SURVEYOR'S STATEMENT: aK 'P'_o'+' I,Doug Connally,a Registered Professional Land Surveyor,I. lined by Ina Stale al isxaa,affirm dial.is plat w prepared under her my direct supervision, and Irecord.Eocum•nlefion,evidence collected on iM1e ground during field operation: rate an from a 0n:from rat this Pat substonf ally complies with the Rules and Regulations al s Board of soy may - cse F Professional ond uSurveYln9 day 1 7 «,Cost-- - ---_ -- -- - - - Dated__this In -- 2009 «row RELEASED 07/22/09 COR REVIEW PURPOSES ONLY.THIS •noun ewe w ;�_ DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. e Deug Connolly Texas Registered Prefesaianal Land Surveyor Na.3935 N88131'OO.gi 378.00' rers.,es v--W0 GENERAL NOTES �..-.."' STATE OF TEXAS BEARINGS TALE DINT OF ["�"a COUNTY OF XAS HIGHWAY NO.>e NO PER REPLATROF wG00UKE VILLAGE 141af BEGINNING s amM't a late, COLLIN P 2007.PAGE 31,PUT RECORDS, a,M BEFORE ME.the undersigned,o Notary Publics in a.fear sold County and S on thisday personally°pd.m.Doug AS CA EN COUNTY.TEXAS.(Nee•3COD-W) STATE HIGHWAY NO-a7a NORTH'" Connally knowna to b•the person who aabscrlbed to foregoing in and k o egad to a that 2)ill EASONNFOR ATIPS PLAT IS O CREME I T FROM VARIsau w01H Reei. c•executed thesome for I.purpose therein npresaed and under oars elated that iM1e statements in IM1ewl foregoing m N EXISTING TRACT FORFUTURE CONSTRUCTION.L erliffcate are true. 3)NO LOT TO LOT DRAiNAGE MO BE AEOWELL ANY STRUCTURE NEw OR EX1STRIC MAv NOT EMEND GIVEN UNDER MY HAND AND SCAT OF OFFICE this day of _2009. CERTIFICATE OF APPROVAL NEW PROPERTY LINES. 5E ACROSS A ,TED,AND MAY undersigned.iM1e City Secretary of Ine c of Wylie,texas Recommended for Approval N an t iexoa LOT hereby certifies coat the foregoing final plat for WYLIE MUNICIPAL Notary Public In d for the Slate o 6)RS-E1/2TH ROD SET WITH YELLOW CAP COMPLEX,LOT 1,BLOCK B.a addition a the City of Wylie,was STAMPED-DCAAL INC”ORD submit.to the Cify Council on the _ _ Y of __ t _"_ Dale: 7)IRf-IRON ROD FOUND 2009 and the Cou cif.by to ma action.N•n Chakman,Panning 8 Zoning Commission a)CM=CONTROLLING MO UM accepted N•dedication o tre alays,parks. City of Wylie,Texas. ACCORDING 10 THE Ei.g. IN M 48053,0420 J. easements.public plans and water land n lines as shown THIS PROPERTYDOES LIEIN NE X NO DOES NOT LIE VR.forth to and a said platand dr Council further) or Construction THE 100 YEAR FL00 ZONE. Mayor to acceptance thereof by signing nz Approved I FINAL PLAT 10)RGRID COORDINATES ARE DBASED UPON CITY of WYLIE name tog herenabeee to described. WYUE MUNICIPAL COMPLEX MONUMENT O.TS LOCATED ON __- -___- -_-__-_ Dale: __- LOT I,BLOCK B FORSHEE H NEARWTHE EAST ENTRANCESIDE - Mayo,City of Wylie,Texas. 310,844 SOFT./7.14 ACRES FOR THE CNOYROF NILIPAI COMPLEX AT 2000 STATE d this I ,2009 FRANCISCO DE LA NM SURVEY.ABSTRACT No.MU HIGHWAY NO.]eANORLTH.MU witness y an is _ y _-_- COY OF WVUE,COWN COUNTY.TEXAS m n Accepted OWNER:THE CITY OF WYLIE �� ♦ t DORA CONNALLY!ASSOCNATRS,INC. LATITUDE: 33'OI'23.3]196' R N •-L/�`3 _ LONG,DOE: 1.080.922144' City Secretary retary---- µ i tltt4aia,RealyBsMill •W'sic r NSW WIC RAM no. HIND: 1.060,R22.944 City of Wylie.Texas. --__ Oat*:_ _ EASING: 2.5]6.B>4.O6a Mayor,City of Wylie,Texas. s n A42_su1 saes t n ALL E.2 to oso254I-f/Nuex RE ca ELEVATION: 530.291' -too'/RA: to.//ice . - Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8, 2009 Item Number: F (City Secretary's Use Only) Department: Planning Prepared By: Charles H. Lee, AICP Account Code: Date Prepared: August 26, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a Final Plat for McKee Addition, Block A, Lot 1, creating a commercial lot on 0.830 acre; dedicating rights-of-way and a 24-foot access easement on the property. The property is generally located northwest of SH 78 and Eubanks Lane. Recommendation Motion to approve a Final Plat for McKee Addition, Block A, Lot 1, creating a commercial lot on 0.830 acre; dedicating rights-of-way and a 24-foot access easement on the property. The property is generally located northwest of SH 78 and Eubanks Lane. Discussion Developed prior to current zoning and subdivision ordinance regulations; currently the property consists of three separate commercial buildings. Prompted by the applicant's recent request for an additional accessory structure on the site; site plan & plat were subsequently submitted to the City for review. Final plat will establish property boundaries, easements on the property, dedicate access easement and provide for roadway rights-of-way for Eubanks Lane. A corresponding site plan was approved by the Planning and Zoning Commission at its August 18, 2009 meeting. This Final Plat complies with all applicable technical requirements of the City of Wylie. Planning Commission voted 7-0 to recommend approval of the Replat. Approved By Initial Date Department Director RO 08/ 6/09 City Manager rn a D Page 1 of 1 8 g ,, n,.,- .1.J.,,,,.41 ut (au ea I . . . . 0+05 425 0/1.1.99C'01, .,....—— 31YDS 31HaVUO I 101"Nr 3130111 i .,- „,:..7.v.,'...1„, .,, ,.,.----.• -•-' X swirl.ao awls 'Z's4.16iii.e.*; 0=111=E .,,,,, ,..e,t.„.•. X SV301.1./0 flint; X NITIO3 dO A.1.14(103 6.1.1012ifild Mtn All HIM TN MONE ELLYMILLEFLI 6.10,49AVIIS ,,,----- ,69 Z9 —1-------7-----'--- 00'09 M.ESSt.199 ...„ ...i.,=.7,—.„-,7-17. 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'....1'.,',74..i=r,i-i.I.7.'...'."1-i'.:i.7'n:.'i'.:„:"..,"-7.-",::::.I.r-%nn'74:..i."•,::,:i-=: . ,--,--,,zi.:„.77T z....; ."'r-it,,C, „....,„.,0,.„....„,...,„„.C.,.el P...0.41,Sg100..ou:c:•,6T-,6 1.1.d.1,.1,,,12a O mai ao MINIS X ra-nooaouunoa elv-alawarisamati5 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 9-08-09 Item Number: G Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 8-27-09 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of July 31, 2009. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of July 31, 2009. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on August 28, 2009. Approved By Initial Date Department Director SS 8-27- 19., City Manager a1 I G Page 1 of 1 3-17-2009 08:08 AM CITY OF WYLIE PAGE: 1 BALA ICE SHEET AS OF: JULY 31ST, 2009 111-WYLIE ECONOMIC DEVEL CORP ^.OUNTM TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 573,173.24 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10180 DEPOSITS (EARNEST MONEY) 0.00 1000-10198 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCOUNTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCOUNTS REC - SAVAGE 421,443.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,811,424.40 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 0.00 1000-14410 DEFERRED CHARGE 781,640.60 4,587,681.24 TOTAL ASSETS 4,587,681.24 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE ) 475.17) 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY' PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20130 ADDIT EMPLOYEE INSUR PAY 321.33) 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 A? PENDING 3,503.22 2" 20210 ACCOUNTS PAYABLE 0.00 20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 781,640.60 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 322,525.80 3-17-2009 08:08 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: JULY 31ST, 2009 111-WYLIE ECONOMIC DEVEL CORP 'OUNT* TITLE 2000-22915 RENTAL DEPOSITS 1,000.00 TOTAL LIABILITIES 1,107,872.57 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 3,495,474.24 TOTAL BEGINNING EQUITY 3,495,474.24 TOTAL REVENUE 873,039.19 TOTAL EXPENSES 888,704.76 REVENUE OVER/(UNDER) EXPENSES ( 15,665.57) TOTAL EQUITY & OVER/(UNDER) 3,479,808.67 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 4,587,681.24 3-12-2009 09,32 AM CITY OF WYLIE PAGE. - AS OF: JULY 31ST, 2009 922-GEN LONG TERM DEBT (WEDC) 7OUNT4 TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN WEDC 0.00 1000-18120 Loan-Birmingham 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 32,720.70 2000-21410 ACCRUED INTEREST PAYABLE 5,197.00 2000-28205 WEDC LOANS-CURRENT 26,699.92 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 534,343.52 2000-28240 HUGHES LOAN PAYABLE 253,411.46 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME KUTS LOAN 194,816.47 20n0-28270 BOWLANDIANDERSON LOAN 52,125.09 8280 CAZAD LOAN 161,612.64 TOTAL LIABILITIES 1,260,926.80 EQUITY 3000-34590 FUND BALANCE ( 1,260,926.60) TOTAL BEGINNING EQUITY ( 1,260,926.80) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER;(UNDER) ( 1,260,926.30) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 a-17-2009 08:10 AM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JULY 31ST, 2009 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,300,000.00 95,282.08 0.00 832,142.73 0.00 467.857.27 64.01 INTEREST INCOME 10,000.00 431.40 0.00 5,418.47 0.00 4,581.53 54.13 MISCELLANEOUS INCOME 109,600.00 4,100.00 0.00 35,477.99 0.00 74,122.01 32.37 OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,419,600.00 99,813.48 0.00 873,039.19 0.00 546,560.81 61.50 EXPENDITURE SUMMARY DEVELOPMENT CORD-WEDC 1,875,821.00 76,129.89 0.00 888,704.76 133.65 986,982.59 47.38 TOTAL EXPENDITURES 1,875,821.00 76,129.89 0.00 888,704.76 133.65 986,982.59 47.38 REVENUE OVER/(UNDER) EXPENDITURES ( 456,221.00) 23,683.59 0.00 ( 15,665.57) ( 133.65) ( 440,421.78) 3.46 3-17-2009 08,10 AM CITY OF WYLIE PAGE 2 REVENUE AND EXPENSE REPORT - ,UNAUu_.nu, AS OF: JULY 31ST, 2009 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,300,000.00 95,282.08 0.00 332,142.73 0.00 467,857.27 64.01 TOTAL TAXES 1,300,000.00 95,282.08 0.00 832,142.73 0.00 467,857.27 64.01 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 10,000.00 431.40 0.00 5,418.47 0.00 4,581.53 54.18 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 10,000.00 431.40 0.00 5,418.47 0.00 4,581.53 54.18 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 108,400.00 4,100.00 0.00 35,177.99 0.00 73,222.01 32.45 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 1,200.00 0.00 0.00 300.00 0.00 900.00 25.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 109,600.00 4,100.00 0.00 35,477.99 0.00 74,122.01 32.37 OTHER FINANCING SOURCES 40' 60 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 400,-.9325 BANK NOTE PROCEEDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,419,600.00 99,813.48 0.00 873,039.19 0.00 546,560.81 61.50 3-17-2009 08:10 AM CITY OF WYLIE PAGE. 3 REVENUE AND EXPENSE REPORT - (UNA _:...., AS OF: JULY 31ST, 2009 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DE,- 'ENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 174,722.00 12,670.90 0.00 134,894.39 0.00 39,827.61 77.21 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 770.00 0.00 0.00 772.00 0.00 ( 2.00) 100.26 5611-51145 SICK LEAVE BUYBACK 1,900.00 0.00 0.00 1,781.94 0.00 118.06 93.79 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 870.78 0.00 9,360.88 0.00 1,959.12 82.69 5611-51220 PHONE ALLOWANCE 2,976.00 228.92 0.00 2,460.89 0.00 515.11 82.69 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 18,992.00 1,371.54 0.00 14,626.17 0.00 4,365.83 77.01 5611-51410 HOSPITAL & LIFE INSURANCE 15,870.00 1,598.20 0.00 17,601.80 0.00 ( 1,731.80) 110.91 5611-51420 LONG-TERM DISABILITY 1,040.00 38.22 0.00 439.46 0.00 600.54 42.26 5611-51440 FICA 11,820.00 1,251.95 0.00 7,232.82 0.00 4,587.18 61.19 5611-51450 MEDICARE 2,900.00 292.77 0.00 2,102.28 0.00 797.72 72.49 5611-51470 WORKERS COMP PREMIUM 490.00 0.00 0.00 420.45 0.00 69.55 85.81 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 90.00 0.00 450.00 16.67 TOTAL PERSONNEL SERVICES 243,340.00 18,323.28 0.00 191,783.08 0.00 51,556.92 78.81 SUPPLIES 56 010 OFFICE SUPPLIES 9,000.00 177.46 0.00 5,238.06 0.00 3,761.94 53.20 5611- 2040 POSTAGE 2,220.00 55.12 0.00 522.14 0.00 1,697.86 23.52 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 6,300.00 250.88 0.00 2,475.15 0.00 3,824.85 39.29 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 17,520.00 483.46 0.00 8,235.35 0.00 9,284.65 47.01 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 150.00 0.00 1,129.98 0.00 1,870.02 37.67 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 150.00 0.00 1,129.98 0.00 1,370.02 37.67 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 551,509.00 27,824.80 0.00 134,851.20 0.00 416,657.80 24.45 5611-56040 SPECIAL SERVICES 49,495.00 ( 2,208.84) 0.00 58,814.40 125.00 ( 9,444.40) 119.08 5611-56080 ADVERTISING 44,735.00 3,325.60 0.00 27,789.15 0.00 16,945.85 62.12 5611-56090 COMMUNITY DEVELOPMENT 56,963.00 250.00 0.00 42,610.38 0.00 14,352.62 74.80 5611-56110 COMMUNICATIONS 3,060.00 207.07 0.00 2,854.28 0.00 205.72 93.28 5611-56130 RENTAL 19,500.00 1,321.03 0.00 16,833.29 0.00 2,666.71 86.32 5611-56210 TRAVEL AND TRAINING 28,279.00 1,385.29 0.00 13,172.69 0.00 15,106.31 46.58 5611-56250 DUES & SUBSCRIPTIONS 7,733.00 3,368.00 0.00 6,938.00 0.00 795.00 89.72 5611-56310 INSURANCE 2,500.00 0.00 0.00 303.00 0.00 2,197.00 12.12 5611-56510 AUDIT AND LEGAL SERVICES 17,560.00 1,518.00 0.00 10,188.74 0.00 7,371.26 53.02 5611-56570 ENGINEERING - ARCHITECT SVC 25,500.00 0.00 0.00 15,372.50 0.00 10,127.50 60.28 56' C610 UTILITIES - ELECTRIC 4,000.00 300.94 0.00 2,473.63 8.65 1,517.72 62.06 CONTRACTUAL SERVICES 810,834.00 37,291.39 0.00 332,201.26 133.65 478,499.09 40.99 3-17-2009 08,10 AM CITY OF WYLIE PAGE 4 RE=7..7E . EXPENSE RE?:P.T - ,...,.:,.::__.:. AS OF: JULY 31ST, 2009 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEP 'ENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 274,501.00 19,881.26 0.00 236,865.08 0.00 37,635.92 86.29 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP. REPL 274,501.00 19,881.26 0.00 236,865.08 0.00 37,635.92 86.29 CAPITAL OUTLAY 5611-58110 LAND 400,000.00 0.00 0.00 171,842.02 0.00 228,157.98 42.96 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 52,300.00 0.00 0.00 30,713.00 0.00 21,587.00 58.72 5611-58810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 192.60 0.00 2,807.40 6.42 5611-58830 FURNITURE & FIXTURES 5,000.00 0.00 0.00 865.19 0.00 4,134.81 17.30 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 ( 171,842.02) 0.00 171,842.02 0.00 TOTAL CAPITAL OUTLAY 460,300.00 0.00 0.00 31,770.79 0.00 428,529.21 6.90 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 66,326.00 0.00 0.00 66,325.57 0.00 0.43 100.00 5611-59190 TRANSFER TO THORUGHFARE IMP 0.00 0.00 0.00 20,393.65 0.00 ( 20,393.65) 0.00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 66,326.00 0.00 0.00 86,719.22 0.00 ( 20,393.22) 130.75 TO' IVELOPMENT CORP-WEDC 1,875,821.00 76,129.89 0.00 888,704.76 133.65 986,982.59 47.38 TOTAL EXPENDITURES 1,875,821.00 76,129.89 0.00 888,704.76 133.65 986,982.59 47.38 REVENUE OVER (UNDER) EXPENDITURES ( 456,221.00) 23,683.59 0.00 ( 15,665.57) ( 133.65)( 440,421.78) 3.46 "` END OF REPORT '** Wylie Economic Development Corporation Balance Sheet Subledger July 31, 2009 Inventory-Land Date of Pur. Address Acreage Improvements(sq.ft.) Cost Basis McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Hughes 7/25/06 211 -212 Industrial 0.74 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 4,750 171,842.02 Premier Plaza 8/26/05 Martinez Lane 25.00 n/a 639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 29.47 2,811,424.40 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. Wylie Jnomic Development Corporation Balance Sheet Sub ledger July 31, 2009 Notes Payable Payment Beginning Bal. Principal Interest Principal Balance June 30, 2009 $1,236,733.80 July Inwood(#45 of 120) $9,985.39 $556,302.12 $7,319.77 $2,665.62 $548,982.35 Hughes(#36 of 120) 3,774.70 260,859.89 2,470.40 1,304.30 258,389.49 Prime Kuts(#21 of 120) 2,539.59 199,466.43 1,542.26 997.33 197,924.17 Bowland(#21 of 60) 773.31 27,972.40 633.45 139.86 27,338.95 Anderson(#21 of 60) 773.31 27,972.40 633.45 139.86 27,338.95 CapitalOne(#16 of 120) 2,034.96 164,160.56 1,125.98 908.98 163,034.58 July 31, 2009 $13,725.31 $6,155.95 $1,223,008.49 Note: Principal and Interest payments vary by date of payment. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF JUNE 2009 MONTH WEDC WEDC WEDC DIFF % DIFF 2007 2008 2009 08 VS 09 08 VS 09 DECEMBER $82,910 $82,384 $90,500 $8,116 9.85% JANUARY 86,614 89,898 101,531 11,633 12.94% FEBRUARY 121,615 132,441 145,246 12,805 9.77% MARCH 83,172 86,460 87,584 1,124 1.30% APRIL 81,377 86,004 86,040 36 0.04% MAY 124,616 130,208 130,966 758 0.58% JUNE 86,779 99,523 94,993 -4,530 -4.55% JULY 90,996 98,845 95,282 -3,563 -3.60% AUGUST 114,655 132,563 SEPTEMBER 99,715 112,165 OCTOBER 91,185 100,202 NOVEMBER 124,515 142,985 Sub-Total $1,188,149 $1,293,678 $832,142 $26,379 3.27% AUDIT ADJ TOTAL $1,188,149 $1,293,678 $832,142 $26,379 3.27% WEDC SALES TAX ANALYSIS $160,000 7. $140,000 $120,000 } �1 $1 o0,00a i!T'-; Il1'l,'. `� jy} I02008 ' $60,000 ` 1, 111111.' IRlUIU2009 IllIllIUlIll � 1�' I , 11 1it Ill $o li o c, „ m ¢ Ig iI ' o, n I 0 to Z Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8, 2009 Item Number: H Division: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: September 2, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a request from Wylie Preparatory Academy to sell apparel and request a gate fee as a donation towards offsetting costs for games held at Community Park for the fall 2009 season. Recommendation Motion to approve the request of the Wylie Preparatory Academy to sell apparel and allow donations at the gate towards offsetting costs for games held at Community Park for the fall 2009 season. Discussion The Wylie Preparatory Academy will be holding junior varsity and varsity football games on various Friday evenings throughout the fall at Community Park. They are requesting to sell apparel (hats, shirts, spirit wear) at their games and charge a gate fee to the games in order to offset costs of the game i.e. officials and user fees. The Parks and Recreation Board at their Special Meeting on August 31, 2009, unanimously approved the Wylie Preparatory Academy request to sell apparel and specified that they not charge any gate fee but only ask for donations to offset costs of the game. Approved By Initial Date Department Director MS 9/2 09 City Manager avh ,3 09 Page 1 of 1 CITY OF .CI l I E Patin&lamas* CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP,ORGANIZATION,INDIVIDUAL,ETC. EVENT INFORMATION Name Wylie Prepatory Academy Location Community Park Date(s) 9/4,9/11,9/18,9/25, 10/9, 10/16,10/30 Start Time 5pm End Time 9pm Contact Person Name Brad Schupbach Number of Individuals Vending Items Multiple 1 Address Wylie,Texas Target Audience general public Phone No. 972-948-9892 Anticipated Number in Attendance at Event 100-200 Alternate Phone No. Specific Items to be Sold Emergency Contact Name hats/shirts/spirit wear Address gate fee as a donation toward offsetting costs Phone No. Alternate Phone No. Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation, community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold,the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks, cigars,tobaccos,cigarettes,fruits, candies,goods,wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however,that this section shall not apply to any person, organizations,firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods, wares, and merchandise within the city park or recreation or community center facilities of the city. Wylie Parks and Recreation Facilities Development CITY:F WYLIE Corporation (4B) NOTICE OF MEETING Regular Meeting Agenda September 8, 2009 —6:00 pm Wylie Municipal Complex —Council Chambers 2000 Highway 78 North Eric Hogue Chairman Rick White Member Kathy Spillyards Member Bennie Jones Member Anne Hiney Member Shirley Burnett Member Dan Chesnut Member 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 webs ite: www.wylietexas.gov. 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 PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION Announce the presence of a Quorum. 1. Consider, and act upon, approval of the Minutes from the December 9, 2008 Regular Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) 2. Consider, and act upon, approval of the FY2009-2010 4B Budget and authorizing expenditures for the FY2009-2010 Community Services Facilities Capital Improvement Plan. (L. Vaughan, Finance Director) September 8,2009 Wylie Parks and Recreation Facilities Development Corporation Page 2 of 2 (4B)Meeting Agenda ADJOURNMENT CERTIFICATION I cert that this Notice of Meeting was posted on this 4th day of September, 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 Parks and Recreation Facilities Development _Mt Corporation (4B) CITY OF WYLIE Regular Meeting Minutes Tuesday, December 9, 2008 —6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue convened the Wylie Parks & Recreation Facilities Development Corporation to order at 6:23 p.m. with the following members present: Mayor Eric Hogue, Councilman and board member Merrill Young, Councilman and board member Rick White, Councilman and board member David Goss, and board member Anne Hiney. Board members Dan Chestnut and Shirley Burnett were absent. REGULAR AGENDA 1. Consider, and act upon, approval of the Minutes of the January 17, 2005 Special Called Meeting and the September 9, 2008 Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary). Board Action A motion was made by Vice Chair Anne Hiney, seconded by board member White to approve the Minutes from the September 9, 2008 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation Board as presented. A vote was taken and passed 5-0 with board members Burnett and Chestnut absent. 2. Consider, and act upon,the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Officers and to appoint a Chair and Vice Chairman from its board members for a term beginning January 1, 2007 and ending December 31,2008. (C. Ehrlich, City Secretary). Board Action Appointment of 4B Chair and Vice Chair A motion was made by Councilman/board member White, seconded by Councilman/board member Young to appoint Mayor/board member Eric Hogue as chair and Anne Hiney as the vice chair of the Wylie Parks and Recreation Facilities Development Corporation Board (4B) for a two year term December 9,2008 Wylie Park and Recreation Facilities Development Corporation(4B) Page 2 of 2 beginning January 1, 2009 and ending December 31, 2010. A vote was taken and the motion passed 5- 0 with board members Burnett and Chestnut absent. Board Action Appointment of 4B Officers A motion was made by Councilman/board member White, seconded by Councilman/board member Young to appoint City Manager, Mindy Manson, as President, Assistant City Manager Jeff Butters, as Vice President, Interim Finance Director, Melissa Beard, as Treasurer, and City Secretary, Carole Ehrlich, as Secretary of the Wylie Parks and Recreation Facilities Development Corporation Board (4B) for a term beginning January 1, 2009 and ending December 31, 2010. A vote was taken and the motion passed 5-0 with board members Burnett and Chestnut absent. ADJOURN With no further business before the Wylie Parks and Recreation Facilities Development Corporation (4B), the meeting was adjourned at 6:30 p.m. Consensus of the board members present was to adjourn. Eric Hogue, Chair ATTEST: Carole Ehrlich, City Secretary Wylie Parks and Recreation CITY OF WYLIE Facilities Development Corporation (4B) AGENDA REPORT Meeting Date: September 8, 2009 Item Number: 2 Department: Finance (City Secretary's Use Only) Prepared By: Linda Vaughan Account Code: Date Prepared: August 28, 2009 Budgeted Amount: Exhibits: 4B Budget Subject Consider, and act upon, approval of the FY2009-2010 4B Budget and authorize expenditures for the FY2009- 2010 Community Services Facilities Capital Improvement Plan. Recommendation Motion to approve FY2009-2010 4B Budget and authorize expenditures for the FY2009-2010 Community Services Facilities Capital Improvement Plan. Discussion The Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the '/2 cent sales tax for parks, recreation and library projects. The Board of Directors of the Corporation are: Mayor Eric Hogue Councilmember Bennie Jones Councilmember Rick White Councilmember Kathy Spillyards Shirley Burnett—Library Board Member Dan Chesnut—Parks Board Member Anne Hiney—Parks Board Member As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of sales tax receipts for projects approved by the City Council. Further, the Bylaws state that," It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." Approved By Initial Date Department Director LV 8/28/09 City Manager /I0 1/3/01 Page 1 of 1 4B SALES TAX REVENUE FUND The Wylie Park and Recreation Facilities Development Corporation (the 4B Corporation) was established to promote economic development with the City of Wylie. The activities of the 4B Corporation are accounted for in two fund types. The two funds are titles the 4B Sales Tax Revenue Fund and the 4B Debt Service Fund. The special revenue fund accounts for the use of the 4B Corporation sales tax revenue and is restricted by State legislation to improve the appeal of the City as a place to live, work, visit and to promote economic development. Sales taxes are levied in Wylie at 8.25% of goods and services sold within the City's boundaries. Of this 8.25% tax, 0.5% of the City's share goes to the 4B Sales Tax Revenue Fund. 4B RECREATION As a division of the Public Services Department, this division supports the overall recreation programming functions administered by the Recreation Division. The division is funded by 4B Sales Tax revenue and is used as a supplemental cost-center to the General Fund Recreation (5521) budget. BUDGET BUDGET BUDGET BUDGET STAFFING 2006-2007 2007-2008 2008-2009 2009-2010 Recreation Supervisor 1.0 1.0 1.0 1.0 Recreation Superintendent 0.0 0.0 0.0 1.0 Building Monitor 0.0 0.0 0.0 1.0 Recreation Manager 0.0 0.0 0.0 0.5 Fitness Programmer 0.0 0.0 0.0 0.25 Recreation Programmer 0.0 0.0 0.0 0.5 Building Monitor Part-time 1.75 1.75 1.75 1.75 TOTAL 2.75 2.75 2.75 6.0 4B PARKS The 4B Parks is responsible for the development and maintenance of parks. This is a division of the Public Services Department. The 4B Sales Tax Revenue Fund, 4B Parks, is a supplemental cost-center to the General Fund's Parks Department. The sales tax revenue is restricted by State legislation to improving the appeal of the City as a place to live, work, and visit and promoting economic development. BUDGET BUDGET BUDGET BUDGET STAFFING 2006-2007 2007-2008 2008-2009 2009-2010 Asst. Parks Superintendent 1.0 1.0 1.0 0.0 Field Supervisor 1.0 1.0 1.0 1.0 Maintenance Worker 2.0 2.0 2.0 2,0 TOTAL 4.0 4.0 4.0 3.0 4B REVENUE FUND STATEMENT OF REVENUES AND EXPENDITURES ACTUAL BUDGET PROJECTED BUDGET 2007-2008 2008-2009 2008-2009 2009-2010 BEGINNING BALANCE $ 868,940 $ 680,260 $ 1,102,121 $ 1,326,071 REVENUES: Sales Taxes 1,225,000 1,300,000 1,225,000 1,475,420 Interest Revenues 10,000 10,000 10,000 4,000 Other Financing Sources - - - - TOTAL REVENUES 1,235,000 1,310,000 1,235,000 1,479,420 TOTAL AVAILABLE RESOURCES 2,103,940 1,990,260 2,337,121 2,805,491 EXPENDITURES: Community Services: Parks 330,920 415,080 330,920 244,901 Recreation 104,709 115,220 113,940 440,936 Transfers to Other Funds 566,190 565,300 566,190 565,300 TOTAL EXPENDITURES 1,001,819 1,095,600 1,011,050 1,251,137 ENDING FUND BALANCE $ 1,102,121 $ 894,660 $ 1,326,071 $ 1,554,354 112-4B SALES TAX REVENUE FUND 4B PARKS DEPARTMENTAL EXPENDITURES 2007-2008 2008-2009 2008-2009 2009-2010 ACTUAL BUDGET PROJECTED PROPOSED PERSONNEL SERVICES 5614-51110 SALARIES 183,075 189,480 189,480 124,315 5614-51130 OVERTIME 11,977 14,500 14,500 14,500 5614-51140 LONGEVITY PAY 1,056 1,190 1,060 938 5614-51145 SICK LEAVE BUYBACK 641 720 640 0 5614-51160 CERTIFICATION INCENTIVE 786 1,890 1,890 0 5614-51170 PARAMEDIC INCENTIVE 0 0 0 0 5614-51210 CAR ALLOWANCE 0 0 0 0 5614-51220 PHONE ALLOWANCE 0 0 0 1,470 5614-51230 CLOTHING ALLOWANCE 1,440 1,440 1,440 2,160 5614-51310 TMRS 18,419 20,840 18,610 15,688 5614-51410 HOSPITAL&LIFE INSURANCE 32,424 40,690 38,410 23,025 5614-51420 LONG-TERM DISABILITY 425 1,060 1,000 696 5614-51440 FICA 11,942 12,970 12,310 8,890 5614-51450 MEDICARE 2,793 3,030 2,880 2,079 5614-51470 WORKERS COMP PREMIUM 3,500 3,620 4,050 2,345 5614-51480 UNEMPLOYMENT COMP(TWC) 396 1,080 1,080 810 TOTAL PERSONNEL SERVICES 268,875 292,510 287,350 196,916 SUPPLIES 5614-52130 TOOLS AND EQUIPMENT 0 0 0 50 TOTAL SUPPLIES 0 0 0 50 CONTRACTUAL SERVICES 5614-56040 SPECIAL SERVICES 137 72,120 25,500 45,715 5614-56210 TRAVEL AND TRAINING 0 0 0 1,770 5614-56250 DUES AND SUBSCRIPTIONS 0 0 0 450 TOTAL CONTRACTUAL SERVICES 137 72,120 25,500 47,935 DEBT SERVICE&CAP.REPL 5614-57310 DEBT SERVICE-FISCAL AGENT FEE 0 0 0 0 5614-57420 BOND ISSUE COSTS 0 0 0 0 5614-57710 BAD DEBT EXPENSE 40 0 0 0 5614-57810 CAPITAL REPLACEMENT FEES 0 0 0 0 TOTAL DEBT SERVICE&CAP.REPL 40 0 0 0 CAPITAL OUTLAY 5614-58110 LAND 0 0 0 0 5614-58150 LAND BETTERMENTS 16,745 50,450 18,070 0 5614-58510 MOTOR VEHICLES 0 0 0 0 5614-58530 HEAVY EQUIPMENT 0 0 0 0 5614-58830 FURNITURE&FIXTURES 0 0 0 0 5614-58840 OUTDOOR FURNITURE&EQUIPME 0 0 0 0 5614-58850 MAJOR TOOLS&EQUIPMENT 0 0 0 0 5614-58910 BUILDINGS 0 0 0 0 TOTAL CAPITAL OUTLAY 16,745 50,450 18,070 0 TOTAL 4B PARKS 285,796 415,080 330,920 244,901 112-4B SALES TAX REVENUE FUND 4B RECREATION DEPARTMENTAL EXPENDITURES 2007-2008 2008-2009 2008-2009 2009-2010 ACTUAL BUDGET PROJECTED PROPOSED PERSONNEL SERVICES 5615-51110 SALARIES 45,447 52,210 51,330 193,048 5615-51112 SALARIES-PARTTIME 39,579 39,520 39,520 58,708 5615-51130 OVERTIME 1,403 0 0 0 5615-51140 LONGEVITY PAY 168 210 170 962 5615-51145 SICK LEAVE BUYBACK 414 280 420 1,513 5615-51160 CERTIFICATION INCENTIVE 0 330 0 3,140 5615-51170 PARAMEDIC INCENTIVE 0 0 0 0 5615-51210 CAR ALLOWANCE 0 0 0 0 5615-51220 PHONE ALLOWANCE 0 0 0 5,210 5615-51230 CLOTHING ALLOWANCE 0 0 0 1,300 5615-51310 TMRS 3,445 5,090 5,010 22,357 5615-51410 HOSPITAL&LIFE INSURANCE 5,347 7,280 7,280 56,559 5615-51420 LONG-TERM DISABILITY 156 510 500 1,410 5615-51440 FICA 5,397 5,740 5,680 16,299 5615-51450 MEDICARE 1,262 1,340 1,330 3,812 5615-51470 WORKERS COMP PREMIUM 1,500 1,730 1,720 4,922 5615-51480 UNEMPLOYMENT COMP(TWC) 591 980 980 2,496 TOTAL PERSONNEL SERVICES 104,709 115,220 113,940 371,736 SUPPLIES 5615-52010 OFFICE SUPPLIES 0 0 0 2,400 5615-52070 COMPUTER SOFTWARE 0 0 0 0 5615-52130 TOOLS/EQUIP-UNDER$100 0 0 0 13,900 5615-52160 TOOLS/EQUIP-$100-$999.99 0 0 0 0 5615-52310 FUEL&LUBRICANTS 0 0 0 7,600 5615-52610 RECREATION SUPPLIES 0 0 0 2,000 5615-52710 WEARING APPAREL&UNIFORMS 0 0 0 0 5615-52810 FOOD SUPPLIES 0 0 0 3,500 5615-52990 OTHER 0 0 0 0 TOTAL SUPPLIES 0 0 0 29,400 MATERIALS FOR MAINTENANCE 5615-54510 MOTOR VEHICLES 0 0 0 0 5615-54530 HEAVY EQUIPMENT 0 0 0 0 5615-54630 TOOLS&EQUIPMENT 0 0 0 500 5615-54650 COMMUNICATIONS 0 0 0 0 5615-54810 COMPUTER HARD/SOFTWARE 0 0 0 0 5615-54910 BUILDINGS 0 0 0 0 TOTAL MATERIALS FOR MAINTENANCE 0 0 0 500 CONTRACTUAL SERVICES 5615-56040 SPECIAL SERVICES 0 0 0 18,500 5615-56080 ADVERTISING 0 0 0 11,000 5615-56110 COMMUNICATIONS 0 0 0 1,200 5615-56180 RENTAL 0 0 0 900 5615-56210 TRAVEL&TRAINING 0 0 0 3,500 5615-56250 DUES&SUBSCRIPTIONS 0 0 0 2,700 TOTAL CONTRACTUAL SERVICES 0 0 0 37,800 112-4B SALES TAX REVENUE FUND 4B RECREATION DEPARTMENTAL EXPENDITURES 2007-2008 2008-2009 2008-2009 2009-2010 ACTUAL BUDGET PROJECTED PROPOSED CAPITAL OUTLAY 5615-58150 MOTOR VEHICLES 0 0 0 0 5615-58810 COMPUTER HARD/SOFTWARE 0 0 0 1,500 5615-58830 FURNITURE&FIXTURES 0 0 0 0 5615-58850 MAJOR TOOLS&EQUIPMENT 0 0 0 0 5615-58995 CONTRA CAPITAL OUTLAY 0 0 0 0 TOTAL CAPITAL OUTLAY 0 0 0 1,500 TOTAL 4B RECREATION 104,709 115,220 113,940 440,936 Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: September 8, 2009 Item Number: 1 Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: August 28, 2009 Budgeted Amount: All Funds Summary, Budget Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2009-26 adopting a budget and appropriating resources for Fiscal Year 2009-2010, beginning October 1, 2009, and ending September 30, 2010. Recommendation Motion to approve Ordinance No. 2009-26 adopting the budget and appropriating resources for Fiscal Year 2009-2010, beginning October 1, 2009, and ending September 30, 2010. Discussion The tax rate being proposed for Fiscal Year 2009-2010 is $0.8989 per$100 of assessed valuation. The attached summary of all operating and capital funds includes the budget for the Wylie Economic Development Corporation. The adoption of the FY 2009-2010 tax rate is presented as a separate agenda item. Approved By Initial Date Department Director LV 8/28/09 City Manager Mm 113 / o9 Page 1 of 1 ORDINANCE NO. 2009-26 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 2009-2010, BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILTIY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager and staff have prepared and filed with the City Secretary a proposed budget for operation of the City during Fiscal Year 2009-2010; and WHEREAS, the proposed budget appears to be in form and substance which fully complies with all applicable provisions of the City Charter and State law; and WHEREAS, the proposed budget has been available for public inspection and review; and WHEREAS, the City Council on August 25, 2009, conducted a public hearing to receive input from the citizens of the City concerning the content of the budget; and WHEREAS, the Council having considered the proposed budget at length, and having provided input into its preparation, has determined that the proposed budget and the revenues and expenditures contained therein is in the best interest of the City and therefore desires to adopt the same by formal action. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: Section 1. That the proposed budget of the revenues of the City and the expenses of conducting the affairs thereof, as summarized in the attached Exhibit A and fully incorporated herein by reference, be, and the same hereby is, completely adopted and approved as the Budget for the City for Fiscal Year 2009-2010. Section 2. That the sum of seventy nine million, one hundred forty thousand, and nine hundred fifty four dollars $79,140,954 is hereby appropriated for the City's FY 2009-2010 Budget. These funds are for payment of operating, capital, and debt service expenses associated with the operation and administration of the City according to the various purposes and intents described in the FY 2009-2010 budget document. Section 3. The specific authority is hereby given to the City Manager to transfer appropriations budgeted from an account classification or activity to another within any individual department or activity; and to transfer appropriations from designated appropriations to any individual department or activity as provided in the City Charter. Ordinance No.2009-26 Approval of Budget FY2009-2010 1 Section 4. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. Section 5. This ordinance shall be in full force and effect from and after its adoption by the City Council pursuant to the law and the City Charter. Section 6. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 8th day of September, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News- September 16, 2009 Ordinance No.2009-26 Approval of Budget FY2009-2010 2 SUMMARY OF REVENUES,EXPENDITURES,AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2009-2010 BUDGET DEBT SERVICE FUNDS SPECIAL GENERAL REVENUE G 0 DEBT 4B DEBT FUND FUNDS SERVICE SERVICE ESTIMATED BEGINNING BALANCES $ 9,006,211 $ 4,090,038 $ 210,648 $ 189,051 REVENUES: - Ad Valorem Taxes 12,668,922 - 8,028,450 - Non-Property Taxes 2,957,840 1,475,520 - - Franchise Fees 1,984,240 - - - Licenses&Permits 219,030 - - - Intergovernmental 606,267 59,500 - - Service Fees 2,232,032 580,000 - - Court Fees 548,107 - - - Interest&Misc.Income 248,946 149,650 12,000 - TOTAL REVENUES 21,465,384 2,264,670 8,040,450 - Transfers from Other Funds 455,000 1,370,427 233,300 565,300 Use of Fund Balance for Emerg Communications 811,013 - -Use of Fund Balancefor General Obligation Debt Services 200,000 - -Use of Fund Balance for Streets-Quiet Zones 150,000 - - - TOTAL AVAILABLE RESOURCES 30,926,595 7,725,135 8,484,398 754,351 EXPENDITURES: General Government 6,077,656 - - - Public Safety 10,368,078 2,114,427 - - Development Services 1,281,513 - - - Streets 1,237,551 - - - Community Services 2,491,107 1,251,137 - - Utilities - - - - Debt Service - - 7,989,837 562,242 Capital Projects - - - - Economic Development - 2,303,685 - - TOTAL EXPENDITURES 21,455,905 5,669,249 7,989,837 562,242 Transfers to Other Funds 1,603,727 5,000 - - ENDING FUND BALANCE $ 7,866,963 $ 2,050,886 $ 494,561 $ 192,109 SUMMARY OF REVENUES,EXPENDITURES,AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2009-2010 BUDGET PROPRIETARY FUNDS CAPITAL PROJECTS UTILITY FLEET TOTAL ALL FUNDS FUND REPLACE. FUNDS ESTIMATED BEGINNING BALANCES $ 33,700,461 $ 9,482,747 $ 734,269 $ 57,413,425 REVENUES: Ad Valorem Taxes - - - 20,697,372 Non-Property Taxes 4,433,360 Franchise Fees 1,984,240 Licenses&Permits 219,030 Intergovernmental 665,767 Service Fees 500,000 9,400,000 12,712,032 Court Fees 548,107 Interest&Misc.Income 778,000 60,000 7,000 1,255,596 TOTAL REVENUES 1,278,000 9,460,000 7,000 42,515,504 Transfers from Other Funds - 1,500,000 - 4,124,027 Use of Fund Balance for Emerg Communications - - - 811,013 Use of Fund Balance for General Obligation Debt Services - - - 200,000 Use of Fund Balance for Streets-Quiet Zones - - - 150,000 TOTAL AVAILABLE RESOURCES 34,978,461 20,442,747 741,269 104,052,956 EXPENDITURES: General Government 110,000 6,187,656 Public Safety 165,090 12,647,595 Development Services 1,281,513 Streets 1,237,551 Community Services - 3,742,244 Utilities 8,845,397 8,845,397 Debt Service 1,498,727 10,050,806 Capital Projects 30,785,780 30,785,780 Economic Development 2,303,685 TOTAL EXPENDITURES 30,785,780 10,344,124 275,090 77,082,227 Transfers to Other Funds - 450,000 - 2,058,727 ENDING FUND BALANCE $ 4,192,681 $ 9,648,623 $ 466,179 $ 24,912,002 TOTAL REVENUES $ 46,639,531 NET DECREASE(INCREASE)IN FUND BALANCE 32,501,423 TOTAL APPROPRIABLE FUNDS $ 79,140,954 This budget will raise more total property taxes than last year's budget by $4,787,472, 32.24%, and of that amount $1,086,068.31 is tax revenue to be raised from new property added to the roll this year. SUMMARY OF REVENUES,EXPENDITURES,AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2008-2009 BUDGET DEBT SERVICE FUNDS PROPRIETARY FUNDS SPECIAL CAPITAL GENERAL REVENUE G 0 DEBT 4B DEBT PROJECTS FLEET TOTAL ALL FUND FUNDS SERVICE SERVICE FUNDS UTILITY FUND REPLACE. FUNDS BEGINNING BALANCES $ 8,777,650 $ 2,038,110 $ 138,530 $ 181,040 $ 99,554,210 $ 4,886,640 $ 1,165,570 $ 116,741,750 REVENUES: - Ad Valorem Taxes 12,795,380 - 7,672,270 - - - - 20,467,650 Non-Property Taxes 2,612,000 2,600,000 - - 5,212,000 Franchise Fees 1,955,000 - - - 1,955,000 Licenses&Permits 594,500 - - - 594,500 Intergovernmental 591,480 280,000 - - 871,480 Service Fees 2,199,200 557,000 - - 1,175,000 8,970,000 12,901,200 Court Fees 540,000 - - - 540,000 Interest&Misc.Income 538,050 158,850 299,930 - 1,841,500 230,000 38,600 3,106,930 TOTAL REVENUES 21,825,610 3,595,850 7,972,200 - 3,016,500 9,200,000 38,600 45,648,760 Transfers from Other Funds 516,330 1,031,760 550,750 565,300 - 1,500,000 - 4,164,140 TOTAL AVAILABLE RESOURCES 31,119,590 6,665,720 8,661,480 746,340 102,570,710 15,586,640 1,204,170 166,554,650 EXPENDITURES: General Government 5,991,680 - - - 90,000 6,081,680 Public Safety 9,918,030 1,294,810 - - 193,000 11,405,840 Development Services 1,288,690 - - - 1,288,690 Streets 1,692,360 - - - 1,692,360 Community Services 2,573,350 543,300 - - 18,000 3,134,650 Utilities - - - - 8,424,980 8,424,980 Debt Service - - 8,522,950 565,300 1,707,850 10,796,100 Capital Projects - - - - 51,021,000 51,021,000 Economic Development - 1,809,500 - - 1,809,500 TOTAL EXPENDITURES 21,464,110 3,647,610 8,522,950 565,300 51,021,000 10,132,830 301,000 95,654,800 Transfers to Other Funds 558,300 631,630 - - 2,524,210 450,000 - 4,164,140 ENDING FUND BALANCE $ 9,097,180 $ 2,386,480 $ 138,530 $ 181,040 $ 49,025,500 $ 5,003,810 $ 903,170 $ 66,735,710 TOTAL REVENUES $ 49,812,900 NET DECREASE(INCREASE)IN FUND BALANCE 50,006,040 TOTAL APPROPRIABLE FUNDS $ 99,818,940 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8, 2009 Item Number: 2 Department: Finance (City Secretary's Use Only) Prepared By: Linda Vaughan Account Code: Date Prepared: August 28, 2009 Budgeted Amount: Exhibits: Subject Consider, and act upon, ratifying the property tax increase reflected in the approved City of Wylie Fiscal Year 2009-2010 Budget. Recommendation Motion to ratify the property tax increase reflected in the approved City of Wylie Fiscal Year 2009-2010 Budget. Discussion H.B. No. 3195 was approved during the 2007 Legislative Session, creating a new requirement for the approval of the budget. Under Section 4, subsection C the bill states, "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." This budget will raise more total property taxes than last year's budget by $274,884, or 1.40%, and of that amount $854,215 is tax revenue to be raised from new property added to the roll this year. Approved By Initial Date Department Director LV 8/28/09 City Manager I\\M � \3 0 e) Page 1 of 1 Wylie City Council CI__14t TY OF WYLIE AGENDA REPORT Meeting Date: September 8, 2009 Item Number: 3 Department: Finance (City Secretary's Use Only) Prepared By: Linda Vaughan Account Code: Date Prepared: August 28, 2009 Budgeted Amount: Exhibits: 4B Budget Subject Consider, and act upon, approval of the FY2009-2010 4B Budget and authorize expenditures for the FY 2009- 2010 Community Services Facilities Capital Improvement Plan. Recommendation Motion to approve FY2009-2010 4B Budget and authorize expenditures for the FY2009-2010 Community Services Facilities Capital Improvement Plan. Discussion The Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the '/2 cent sales tax for parks, recreation and library projects. The Board of Directors of the Corporation are: Mayor Eric Hogue Councilmember Bennie Jones Councilmember Rick White Councilmember Kathy Spillyards Shirley Burnett—Library Board Member Dan Chesnut—Parks Board Member Anne Hiney—Parks Board Member As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of sales tax receipts for projects approved by the City Council. Further,the Bylaws state that," It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." Approved By Initial Date Department Director LV 8/28/09 City Manager RI Y` ' /3 I b Page 1 of 1 4B SALES TAX REVENUE FUND The Wylie Park and Recreation Facilities Development Corporation (the 4B Corporation) was established to promote economic development with the City of Wylie. The activities of the 4B Corporation are accounted for in two fund types. The two funds are titles the 4B Sales Tax Revenue Fund and the 4B Debt Service Fund. The special revenue fund accounts for the use of the 4B Corporation sales tax revenue and is restricted by State legislation to improve the appeal of the City as a place to live, work, visit and to promote economic development. Sales taxes are levied in Wylie at 8.25% of goods and services sold within the City's boundaries. Of this 8.25% tax, 0.5% of the City's share goes to the 4B Sales Tax Revenue Fund. 4B RECREATION As a division of the Public Services Department, this division supports the overall recreation programming functions administered by the Recreation Division. The division is funded by 4B Sales Tax revenue and is used as a supplemental cost-center to the General Fund Recreation (5521)budget. BUDGET BUDGET BUDGET BUDGET STAFFING 2006-2007 2007-2008 2008-2009 2009-2010 Recreation Supervisor 1.0 1.0 1.0 1.0 Recreation Superintendent 0.0 0.0 0.0 1.0 Building Monitor 0.0 0.0 0.0 1.0 Recreation Manager 0.0 0.0 0.0 0.5 Fitness Programmer 0.0 0.0 0.0 0.25 Recreation Programmer 0.0 0.0 0.0 0.5 Building Monitor Part-time 1.75 1.75 1.75 1.75 TOTAL 2.75 2.75 2.75 6.0 4B PARKS The 4B Parks is responsible for the development and maintenance of parks. This is a division of the Public Services Department. The 4B Sales Tax Revenue Fund, 4B Parks, is a supplemental cost-center to the General Fund's Parks Department. The sales tax revenue is restricted by State legislation to improving the appeal of the City as a place to live, work, and visit and promoting economic development. BUDGET BUDGET BUDGET BUDGET STAFFING 2006-2007 2007-2008 2008-2009 2009-2010 Asst. Parks Superintendent 1.0 1.0 1.0 0.0 Field Supervisor 1.0 1.0 1.0 1.0 Maintenance Worker 2.0 2.0 2.0 2.0 TOTAL 4.0 4.0 4.0 3.0 4B REVENUE FUND STATEMENT OF REVENUES AND EXPENDITURES ACTUAL BUDGET PROJECTED BUDGET 2007-2008 2008-2009 2008-2009 2009-2010 BEGINNING BALANCE $ 868,940 $ 680,260 $ 1,102,121 $ 1,326,071 REVENUES: Sales Taxes 1,225,000 1,300,000 1,225,000 1,475,420 Interest Revenues 10,000 10,000 10,000 4,000 Other Financing Sources - - - - TOTAL REVENUES 1,235,000 1,310,000 1,235,000 1,479,420 TOTAL AVAILABLE RESOURCES 2,103,940 1,990,260 2,337,121 2,805,491 EXPENDITURES: Community Services: Parks 330,920 415,080 330,920 244,901 Recreation 104,709 115,220 113,940 440,936 Transfers to Other Funds 566,190 565,300 566,190 565,300 TOTAL EXPENDITURES 1,001,819 1,095,600 1,011,050 1,251,137 ENDING FUND BALANCE $ 1,102,121 $ 894,660 $ 1,326,071 $ 1,554,354 112-4B SALES TAX REVENUE FUND 4B PARKS DEPARTMENTAL EXPENDITURES 2007-2008 2008-2009 2008-2009 2009-2010 ACTUAL BUDGET PROJECTED PROPOSED PERSONNEL SERVICES 5614-51110 SALARIES 183,075 189,480 189,480 124,315 5614-51130 OVERTIME 11,977 14,500 14,500 14,500 5614-51140 LONGEVITY PAY 1,056 1,190 1,060 938 5614-51145 SICK LEAVE BUYBACK 641 720 640 0 5614-51160 CERTIFICATION INCENTIVE 786 1,890 1,890 0 5614-51170 PARAMEDIC INCENTIVE 0 0 0 0 5614-51210 CAR ALLOWANCE 0 0 0 0 5614-51220 PHONE ALLOWANCE 0 0 0 1,470 5614-51230 CLOTHING ALLOWANCE 1,440 1,440 1,440 2,160 5614-51310 TMRS 18,419 20,840 18,610 15,688 5614-51410 HOSPITAL&LIFE INSURANCE 32,424 40,690 38,410 23,025 5614-51420 LONG-TERM DISABILITY 425 1,060 1,000 696 5614-51440 FICA 11,942 12,970 12,310 8,890 5614-51450 MEDICARE 2,793 3,030 2,880 2,079 5614-51470 WORKERS COMP PREMIUM 3,500 3,620 4,050 2,345 5614-51480 UNEMPLOYMENT COMP(TWC) 396 1,080 1,080 810 TOTAL PERSONNEL SERVICES 268,875 292,510 287,350 196,916 SUPPLIES 5614-52130 TOOLS AND EQUIPMENT 0 0 0 50 TOTAL SUPPLIES 0 0 0 50 CONTRACTUAL SERVICES 5614-56040 SPECIAL SERVICES 137 72,120 25,500 45,715 5614-56210 TRAVEL AND TRAINING 0 0 0 1,770 5614-56250 DUES AND SUBSCRIPTIONS 0 0 0 450 TOTAL CONTRACTUAL SERVICES 137 72,120 25,500 47,935 DEBT SERVICE&CAP.REPL 5614-57310 DEBT SERVICE-FISCAL AGENT FEE 0 0 0 0 5614-57420 BOND ISSUE COSTS 0 0 0 0 5614-57710 BAD DEBT EXPENSE 40 0 0 0 5614-57810 CAPITAL REPLACEMENT FEES 0 0 0 0 TOTAL DEBT SERVICE&CAP.REPL 40 0 0 0 CAPITAL OUTLAY 5614-58110 LAND 0 0 0 0 5614-58150 LAND BETTERMENTS 16,745 50,450 18,070 0 5614-58510 MOTOR VEHICLES 0 0 0 0 5614-58530 HEAVY EQUIPMENT 0 0 0 0 5614-58830 FURNITURE&FIXTURES 0 0 0 0 5614-58840 OUTDOOR FURNITURE&EQUIPME 0 0 0 0 5614-58850 MAJOR TOOLS&EQUIPMENT 0 0 0 0 5614-58910 BUILDINGS 0 0 0 0 TOTAL CAPITAL OUTLAY 16,745 50,450 18,070 0 TOTAL 4B PARKS 285,796 415,080 330,920 244,901 112-4B SALES TAX REVENUE FUND 4B RECREATION DEPARTMENTAL EXPENDITURES 2007-2008 2008-2009 2008-2009 2009-2010 ACTUAL BUDGET PROJECTED PROPOSED PERSONNEL SERVICES 5615-51110 SALARIES 45,447 52,210 51,330 193,048 5615-51112 SALARIES-PARTTIME 39,579 39,520 39,520 58,708 5615-51130 OVERTIME 1,403 0 0 0 5615-51140 LONGEVITY PAY 168 210 170 962 5615-51145 SICK LEAVE BUYBACK 414 280 420 1,513 5615-51160 CERTIFICATION INCENTIVE 0 330 0 3,140 5615-51170 PARAMEDIC INCENTIVE 0 0 0 0 5615-51210 CAR ALLOWANCE 0 0 0 0 5615-51220 PHONE ALLOWANCE 0 0 0 5,210 5615-51230 CLOTHING ALLOWANCE 0 0 0 1,300 5615-51310 TMRS 3,445 5,090 5,010 22,357 5615-51410 HOSPITAL&LIFE INSURANCE 5,347 7,280 7,280 56,559 5615-51420 LONG-TERM DISABILITY 156 510 500 1,410 5615-51440 FICA 5.397 5,740 5,680 16,299 5615-51450 MEDICARE 1,262 1.340 1,330 3,812 5615-51470 WORKERS COMP PREMIUM 1,500 1.730 1,720 4,922 5615-51480 UNEMPLOYMENT COMP(TWC) 591 980 980 2,496 TOTAL PERSONNEL SERVICES 104,709 115,220 113,940 371,736 SUPPLIES 5615-52010 OFFICE SUPPLIES 0 0 0 2.400 5615-52070 COMPUTER SOFTWARE 0 0 0 0 5615-52130 TOOLS/EQUIP-UNDER$100 0 0 0 13,900 5615-52160 TOOLS/EQUIP-$100-$999.99 0 0 0 0 5615-52310 FUEL&LUBRICANTS 0 0 0 7,600 5615-52610 RECREATION SUPPLIES 0 0 0 2,000 5615-52710 WEARING APPAREL&UNIFORMS 0 0 0 0 5615-52810 FOOD SUPPLIES 0 0 0 3,500 5615-52990 OTHER 0 0 0 0 TOTAL SUPPLIES 0 0 0 29,400 MATERIALS FOR MAINTENANCE 5615-54510 MOTOR VEHICLES 0 0 0 0 5615-54530 HEAVY EQUIPMENT 0 0 0 0 5615-54630 TOOLS&EQUIPMENT 0 0 0 500 5615-54650 COMMUNICATIONS 0 0 0 0 5615-54810 COMPUTER HARD/SOFTWARE 0 0 0 0 5615-54910 BUILDINGS 0 0 0 0 TOTAL MATERIALS FOR MAINTENANCE 0 0 0 500 CONTRACTUAL SERVICES 5615-56040 SPECIAL SERVICES 0 0 0 18,500 5615-56080 ADVERTISING 0 0 0 11,000 5615-56110 COMMUNICATIONS 0 0 0 1,200 5615-56180 RENTAL 0 0 0 900 5615-56210 TRAVEL&TRAINING 0 0 0 3,500 5615-56250 DUES&SUBSCRIPTIONS 0 0 0 2,700 TOTAL CONTRACTUAL SERVICES 0 0 0 37,800 112-4B SALES TAX REVENUE FUND 4B RECREATION DEPARTMENTAL EXPENDITURES 2007-2008 2008-2009 2008-2009 2009-2010 ACTUAL BUDGET PROJECTED PROPOSED CAPITAL OUTLAY 5615-58150 MOTOR VEHICLES 0 0 0 0 5615-58810 COMPUTER HARD/SOFTWARE 0 0 0 1,500 5615-58830 FURNITURE&FIXTURES 0 0 0 0 5615-58850 MAJOR TOOLS&EQUIPMENT 0 0 0 0 5615-58995 CONTRA CAPITAL OUTLAY 0 0 0 0 TOTAL CAPITAL OUTLAY 0 0 0 1,500 TOTAL 4B RECREATION 104,709 115,220 113,940 440,936 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8, 2009 Item Number: 4 (City Secretary's Use Only) Department: Finance Prepared By: Finance Account Code: Date Prepared: August 28, 2009 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2009-27 fixing the tax rate/levy for Tax Year 2009 and for the Budget Year FY2009-2010 at $0.89890 per$100 of assessed valuation. Recommendation Motion to approve Ordinance No. 2009-27 fixing the tax rate/levy for Tax Year 2009 and Budget Year FY 2009-2010 at$0.89890 per $100 of assessed valuation. Discussion The tax rate needed to fund the FY2009-2010 budget is $0.89890 per $100 of assessed valuation. The tax rate is broken down with $0.55022 being used for operations and maintenance and $0.34868 being used to fund the General Debt Service Fund. This tax ordinance will generate levies of$12,229,268 for the General Fund and $7,749,837 for the I & S Fund. The adopted Fiscal Year 2009-2010 budget requires the support of this ordinance for funding. Approved By Initial Date Department Director LV 8/28/09 City Manager l l i 1\‘ 1 3 t Oci Page 1 of 1 ORDINANCE NO. 2009-27 AN ORDINANCE FIXING THE TAX RATE AND LEVY FOR THE CITY OF WYLIE, TEXAS, UPON ALL TAXABLE PROPERTY IN THE CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF THE CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010, AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF THE CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has this date, by way of Ordinance duly passed, adopted a Budget of operation for the City for fiscal year 2009-2010; and WHEREAS, the aforesaid Ordinance anticipates and requires the levy of an ad valorem tax all taxable property in the City of Wylie; and WHEREAS, it is necessary to levy such an ad valorem tax at a given rate to generate revenues sufficient to meet projected expenses; and WHEREAS, the City has fully and timely complied with all notice and other requirements relative to the adoption of a tax rate for fiscal year 2009-2010; and WHEREAS, notice of the proposed tax rate, as well as the effective tax rate, has been published as required by law and the City has received no formal protest thereof. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AS FOLLOWS: Section 1. There is hereby levied for the fiscal year 2009-2010 upon all real property situated within the corporate limits of said City of Wylie, Texas, and upon all personal property which was owned within the corporate limits of said City of Wylie, Texas, on the first day of January, A.D. 2009, except so much thereof as may be exempt by the Constitution or laws of the State of Texas, a total tax of$0.8989 on each $100 of assessed valuation on all said property which said total tax herein so levied shall consist and be comprised of the following components: a) An ad valorem tax rate of $0.55022 on each $100 of assessed valuation of said taxable property is hereby levied for general city purposes and to pay the current operating expenses of said City of Wylie, Texas, for the fiscal year ending September 30, 2010, which tax, when collected shall be appropriated to and for the credit of the General Fund of said City of Wylie, Texas. b) An ad valorem tax rate of $0.34868 on each $100 of assessed valuation of said taxable property is hereby levied for the purpose of creating an Interest and Sinking Ordinance No.2009-27 Approval of Tax Rate Year 2009 and Budget Year FY2009-2010 1 Fund with which to pay the interest and principal of the valid bonded indebtedness, and related fees of the City of Wylie, now outstanding and such tax when collected shall be appropriated and deposited in and to the credit of the General Debt Service Fund of the City of Wylie, Texas, for the fiscal year ending September 30, 2010. Section 2. The City of Wylie shall have a lien on all taxable property located in the City of Wylie to secure the payment of taxes, penalty and interest, and all costs of collection, assessed and levied hereby. Section 3. Taxes are payable in McKinney, Texas, at the Office of the Tax-Assessor Collector of Collin County. The City shall have available all the rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. Section 4. That the tax roll presented to the City Council, together with any supplements thereto, be and same are hereby accepted and approved. Section 5. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. Section 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. Section 7. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. Section 8. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 8th day of September, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of Publication in The Wylie News—September 16, 2009 Ordinance No.2009-27 Approval of Tax Rate Year 2009 and Budget Year FY2009-2010 2 Wylie City Council CITY OF WYLIE AGENDA REPORT • Meeting Date: September 8, 2009 Item Number: 5 Department: Finance (City Secretary's Use Only) Prepared By: Linda Vaughan Account Code: Date Prepared: August 28, 2009 Budgeted Amount: Exhibits: Investment Policy/Resolution Subject Consider, and act upon, Resolution No. 2009-25(R) approving the current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A—Authorized Investments for Governmental Entities. Recommendation Motion to approve Resolution No. 2009-25(R) approving the current Investment Policy. Discussion Texas Government Code requires that the governing body of an investing entity review its investment policy not less than annually. The governing body should adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and that the written instrument so adopted shall record any changes made to the investment policy. The current Investment Policy was approved December 12, 2006. No changes are currently being made to it. Approved By Initial Date Department Director LV 8/28/09 City Manager Y� J1°1 Page 1 of 1 RESOLUTION NO. 2009-25(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING THE CURRENT INVESTMENT POLICY, PROVIDING FOR SCOPE OF THIS POLICY, PROVIDING FOR INVESTMENT OBJECTIVES, PROVIDING FOR AN INVESTMENT COMMITTEE, PROVIDING FOR DELEGATION OF AUTHORITY, PROVIDING INVESTMENT STRATEGIES BY POOLED FUND GROUPS, PROVIDING FOR STANDARD OF CARE, PROVIDING FOR OTHER INVESTMENT GUIDELINES, PROVIDING FOR INVESTMENTS AUTHORIZED BY PUBLIC FUNDS INVESTMENT ACT AND INVESTMENTS UNAUTHORIZED BY THE CITY, PROVIDING FOR PORTFOLIO DIVERSIFICATION AND MATURITY LIMITS, PROVIDING FOR SELECTION OF BROKERS/DEALERS, PROVIDING FOR SELECTION OF DEPOSITORIES, PROVIDING FOR SAFEKEEPING AND CUSTODY, PROVIDING FOR RECORD KEEPING AND REPORTING, PROVIDING FOR ETHICS AND CONFLICTS OF INTEREST, PROVIDING FOR POLICY REVISIONS; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. WHEREAS, the Public Funds Investment Act, as amended, requires the City of Wylie to adopt the investment policy by rule, order, ordinance or resolution; and WHEREAS,the Investment Policy was approved December 12, 2006; and WHEREAS, the Investment Policy complies with the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A — Authorized Investments for Governmental Entities and Subchapter B —Miscellaneous Provisions as amended, and authorizes the investment of City funds in safe and prudent investments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, THAT: Section 1: The City of Wylie has complied with the requirements of the Public Funds Investment Act and the Investment Policy, attached hereto, is adopted as the investment policy of the City effective September 8, 2009. DULY PASSED AND ADOPTED by the City Council of the City of Wylie, Texas this 8th day of September 2009. Eric Hogue, Mayor ATTESTED BY: Carole Ehrlich, City Secretary Resolution No.2009-25(R) Amendment of Investment Policy City of Wylie, Texas INVESTMENT POLICY Adopted May 1995 Revised December 2006 CIT\ OF NV \ LIE, TEXAS INVESTMENT POLICY Table of Contents I. INTRODUCTION 1 II. SCOPE 1 III. OBJECTIVES 1 Safety 1 Liquidity 1 Diversification 1 Yield 1 IV. INVESTMENT COMMITTEE 2 V. DELEGATION OF AUTHORITY 2 VI. INVESTMENT STRATEGY 3 Operating Funds 3 Debt Service Funds 3 Debt Service Reserve Funds 3 Special Projects and Special Purpose Funds 3 VII. STANDARD OF CARE 3 VIII. INVESTMENTS AUTHORIZED BY THE CITY 4 IX. OTHER INVESTMENT GUIDELINES 5 X. DIVERSIFICATION AND MATURITY LIMITS 5 XI. SELECTION OF BROKER/DEALERS 6 XII. SAFEKEEPING AND CUSTODY 6 XIII. RECORD KEEPING AND REPORTING 7 X1V. ETHICS AND CONFLICTS OF INTEREST 8 XV. POLICY REVISIONS 9 APPENDIX A -BROKER/DEALER QUESTIONNAIRE APPENDIX B -CERTIFICATION BY DEALER CITY OF WYLIE, TEXAS INVESTMENT POLICY I.INTRODUCTION The City's principal investment objectives, in order of priority, are listed below. Chapter 2256 of Title 10 of the Local Government Code (herein after referred to as the "Public Funds Safety. The primary objective of the City's Investment Act") prescribes that each city is to adopt investment activity is the preservation of principal written rules governing its investment practices and (capital) in the overall portfolio. Each investment to define the authority of the investment officer. The transaction shall seek first to ensure that capital following Investment Policy addresses the methods, losses are avoided, whether the loss occurs from the procedures, and practices which must be exercised to default of a security or from erosion of market value. ensure effective and judicious fiscal management of the City's funds. This Policy shall not apply to the Liquidity. The City's investment portfolio will selection, retention or other issues concerning the remain sufficiently liquid to enable the City to meet depositories of the City's funds in demand deposits as operating requirements that might be reasonably provided under Chapter 105 of the Local Government anticipated. Liquidity shall be achieved by matching Code. investment maturities with forecasted cash flow requirements, by investing in securities with active II. SCOPE secondary markets, and by using state or local investment pools. This Policy shall apply to the investment and management of all funds of the City under its control, Diversification. The governing body recognizes that other than those expressly excluded herein or by in a diversified portfolio, occasional measured losses applicable law or valid agreement. This Policy shall due to market volatility are inevitable, and must be not supersede the restrictions on investment and use considered within the context of the overall applicable to any specific fund and, in the event of portfolio's return, provided that adequate any conflict between this Policy and the requirements diversification has been implemented. Therefore, of any fund subject hereto, the specific requirement assets held in the common investment portfolio shall applicable to such fund shall be followed as well as be diversified to eliminate the risk of loss resulting all other provisions of this Policy other than those in from one concentration of assets in a specific conflict. The Employees Deferred Compensation maturity, a specific issuer or a specific class of Agency Fund is excluded from coverage under this securities. Policy. Yield. The investment portfolio goal (benchmark) In order to make effective use of the City's resources, against which the yield is compared will be all monies shall be pooled into one bank account, established from time to time by the Finance except for those monies required to be accounted for Director. Recommendations by the Investment in other bank accounts as stipulated by applicable Committee will be considered when the performance laws, bond covenants or contracts. The bank account measure is being established. Efforts to seek higher will be maintained by pooled fund group for purposes than the above goal must be consistent with risk of implementing pooled fund strategies and reporting. limitations identified in this policy and prudent The income derived from this pooled investment investment principles. The City's investment account shall be distributed by fund in accordance portfolio shall be designed with the objective of with the City's internal procedures. attaining a rate of return which is consistent with the risk limitations and cash flow characteristics of the III.OBJECTIVES City's investments. IV.INVESTMENT COMMITTEE CITY OF W'l' EIE, TEXAS INVESTMENT POLICY misrepresentation by third parties, or imprudent An investment committee consisting of the City actions by employees and officers of the City. Attorney, City Manager and Director of Finance will meet on a quarterly basis. The Investment Committee With written approval from the City Manager, the shall be authorized to invite advisors to the meetings Director may delegate any phase of the investment as needed. management program to members of the City staff. Such approval shall state specifically the functions The investment officer will present a brief report of such person is authorized to perform or that the investment activities to the Investment Committee. person is authorized to perform all activities of the The primary objectives of the committee will be to Director under this Policy. The Director shall obtain and maintain, at the City's expense, fidelity bonds for (1) make recommendations regarding investment himself and each of his designees in amounts strategies determined adequate by the Director(which shall not (2) approve a list of authorized brokers, dealers, be less than five percent of the amounts subject to banks, savings and loans, credit unions, and this Policy) for each fiscal year as shown by the pools approved budget. No person may engage in an (3) recommend a list of authorized training investment transaction except as provided under the sources for the state mandated investment terms of this Policy and the internal procedures training and established by the Director. A current list of persons (4) monitor program results. authorized to transact investment business and wire funds on behalf of the City shall be maintained by the The committee shall include in its deliberations such Director. topics as performance reports, economic outlook, portfolio diversification, maturity structure, potential At the discretion of either the City Manager or the risk to the city's funds, and the target rate of return Director and in any event upon the termination or on the investment portfolio. The Investment reassignment of any member of the Director's staff Committee shall provide for minutes of its meetings. authorized to conduct transactions for the City pursuant to this Policy, the authority of such person V.DELEGATION OF AUTHORITY shall be revoked and such revocation of authority shall be immediately communicated by the Director Management responsibility for the investment orally and in writing to each and every depository, program is delegated by the City Council to the City broker/dealer, investment advisor, custodian and Manager who will designate the Finance Director as other agency or entity with whom the City has any Investment Officer (hereinafter referred to as the existing or continuing relationship in the "Director"). The Director's authority will at all times management of its investments. be limited by conformance with all Federal regulations, State of Texas statutes and other legal VI. INVESTMENT STRATEGY requirements including the City Charter and City Ordinances, including this Policy. The City of Wylie maintains a pooled investment portfolio. The pooled portfolio utilizes specific The Director shall develop and maintain written investment strategies designed to address the unique administrative procedures for the operation of the characteristics of the pooled investment portfolio. investment program consistent with this Policy. The The pooled investment portfolio includes Operating controls shall be designed to prevent, identify and Funds, Debt Service Funds, Debt Service Reserve control losses of public funds arising from deviation Funds, Capital Projects and Special Purpose Funds. from this Policy, fraud, employee error, and INVESTMENT POLICY Investment strategies for these different groups are (1) the investment of all funds, or funds under detailed below. the City's control, over which the officer had responsibility rather than a consideration as (1) Investment strategies for operating, debt to the prudence of a single investment; and service, capital project, and special purpose funds have as their primary objective to assure that (2) whether the investment decision was anticipated cash outflows are matched with adequate consistent with the written investment policy investment liquidity. The secondary objective is to of the City. create a portfolio structure which will experience minimal volatility during economic cycles. The Director and his staff shall recognize that the investment activities of the City are a matter of public (2) The investment strategy for the debt service record. Therefore, all participants in the investment reserve funds shall have as the primary objective the process shall seek to act responsibly as custodians of ability to generate a dependable revenue stream from the public trust. Investment officials shall avoid any securities with a low degree of volatility. Securities transactions that might impair public confidence in should be of high quality, with short to intermediate the City's ability to govern effectively. term maturities. Except as may be required by a bond ordinance, securities should be of high quality with VIII.INVESTMENTS AUTHORIZED BY THE short to intermediate-term maturities. CITY OF WYLIE VII. STANDARD OF CARE Authorized investments for municipal governments in the State of Texas are set forth in the Public Funds Investments shall be made with judgment and care, Investment Act, as amended (Section 2256.009- under prevailing circumstances, that a person of 2256.019, Government Code). However, suitable prudence, discretion, and intelligence would exercise investments for the City of Wylie are limited to the in the management of the person's own affairs, not following. for speculation, but for investment, considering the probable safety of capital and the probable income to (1) Direct obligations of the United States or its be derived. Investment of funds shall be governed by agents and instrumentalities with a stated maturity of the following investment objectives, in order of 5 years or less. priority: (2) Certificates of deposit issued in the State of (1) preservation and safety of principal; Texas with a maximum maturity of 2 years or less and insured by the Federal Deposit Insurance (2) liquidity; and Corporation. (3) diversification; and (3) Fully collateralized direct repurchase agreements with a defined termination date of 2 years (4) yield. or less which are secured by obligations of the United States or its agencies and instrumentalities and In determining whether an investment officer has pledged with a third party in the City's name. The exercised prudence with respect to an investment agreement must be placed through a primary decision, the determination shall be made taking into government securities dealer, as defined by the consideration: Federal Reserve, or by a financial institution doing business in the State of Texas. Each issuer of CITY OF W 'LIE, TEXAS INVESTMENT POLICY repurchase agreements shall be required to sign a Reserve Bank as the securities are simultaneously master repurchase agreement. released to the purchaser). In this manner the City will always have possession of either its securities or (4) Approved investment pools as described in its monies. Section 2256.016 which are continuously rated no lower than AAA, AAA-m or an equivalent rating by X. DIVERSIFICATION AND MATURITY at least one nationally recognized rating agency and LIMITS have a weighted average maturity no greater than 90 days. It is the policy of the City to avoid concentration of assets in a specific maturity, a specific issue, or a IX. OTHER INVESTMENT GUIDELINES specific class of securities,with the exception of U.S. Treasury issues. The asset allocation in the portfolio The City seeks active management of its portfolio should, however, be flexible depending upon the assets. In order to meet the objectives of this Policy, outlook for the economy and the securities markets. the City may from time to time sell securities that it owns in order to better position its portfolio assets. The City will not exceed the following maximum Sales of securities prior to maturity shall be limits as a percentage of the total portfolio for each of documented and approved by the Director before the categories listed below: such a transaction is consummated. Sales of securities yielding net proceeds less than 92% of the Max. book value of the securities must be approved in of Max. advance and in writing by the City Manager. Three Investment Category Portfolio Maturity examples of situations involving the sale of securities Obligations of the United 100% 5 years prior to maturity are States or its agencies and instrumentalities. (1) swap - to sell an investment to realize a capital gain, Certificates of Deposit 25% 18 mon. (2) To better position selected investments due to a change in market conditions, Repurchase Agreements 100% 2 years NOT Reverse Repurchase (3) To react to emergency liquidity demands. Agreements Each investment transaction must be based upon The Director shall evaluate how each security competitive quotations received from at least three purchased fits into the City's overall investment broker/dealers who have been approved by the City strategy. in accordance with Texas law. At all times the City shall maintain 10 percent of its The purchase and sale of all securities shall be on a total investment portfolio in instruments maturing in delivery versus payment or payment versus delivery 90 days or less. The weighted average maturity of all basis (i.e., for securities purchases, monies will not securities and certificates of deposit in the City's total be released by the City's safekeeping bank until investment portfolio at any given time (not including securities are received at the Federal Reserve Bank cash or demand deposits) shall not exceed 2 years. for further credit to the City's safekeeping bank. In the case of securities sales, monies will be received XI. SELECTION OF BROKERS/DEALERS by the City's safekeeping bank via the Federal CITY OF NAfVIAL, TEXAS INVESTMENT POLICY The City shall maintain a list of broker/dealers and imprudent investment activities being conducted financial institutions which have been approved for between the entity and the securities firm (See investment purposes by the investment committee. Appendix B). (For the purpose of this investment policy, Broker/dealer will be used to refer to any brokerage All approved broker/dealer firms must have a firm, bank, investment pool, or financial institution completed City of Wylie broker/dealer questionnaire, with which the City does investment business). investment policy, written acknowledgment per Securities may only be purchased from those above guidelines, executed master repurchase authorized institutions and firms. The authorized agreement, if applicable, and current financial broker/dealers will be reviewed at least annually. To information on file. Certification language should be be eligible, a broker/dealer must meet at least one of mutually acceptable to both parties. An investment the following criteria: 1) be recognized as a Primary officer of the City may not buy any securities from a Dealer as defined by the New York Federal Reserve person who has not delivered to the City an Market Reports Division; or 2) complies with instrument substantially in the form provided by this Securities and Exchange Commission Rule 15C3-1, policy. the Uniform Net Capital Requirement Rule. If the City's depository bank also provides custodial and The Director shall review the quality of service and safekeeping services for the City, the bank may not financial stability of each broker/dealer and financial be included as an authorized broker/dealer for the institution approved under this Section at least City, however (Non- negotiable Certificate of annually. Any approved broker/dealer or financial Deposits are exempt from this policy. institution may be removed from the list of approved broker/dealers with the approval of the Director, if in Broker/dealers will be selected and recommended to the opinion of the Director, the firm has not the investment committee by the Director on the performed adequately or its financial position is basis of their financial stability, expertise in cash considered inadequate. management and their ability to service the City's account. Each broker/dealer that has been authorized by the City shall be required to submit and annually XII. SAFEKEEPING AND CUSTODY update a Broker/Dealer Information Request form which includes the firm's most recent financial Investment securities purchased for the City will be statements. The Director shall maintain a file which delivered by either book entry or physical delivery includes the most recent Broker/Dealer Information and shall be held in third-party safekeeping by a Request forms submitted by each firm approved for Federal Reserve Member financial institution investment purposes. A copy of the submitted designated as the City's safekeeping and custodian Broker/Dealer Information Request forms as well as bank. The City may designate more than one a list of those broker/dealers approved by the City custodian bank. The City shall execute a shall be maintained by the Director (See Appendix Safekeeping Agreement with each bank prior to A). utilizing the custodian's safekeeping services. Only a state or national bank located within the State of The City of Wylie will provide all approved Texas may be utilized as a custodian of securities securities dealers with a copy of the City's pledged to secure certificates of deposit. The Investment Policy. A principal in the firm must safekeeping agreement must provide that the execute a written statement acknowledging receipt safekeeping bank will immediately record and and review of the policy and a statement promptly issue and deliver a signed safekeeping acknowledging that reasonable procedures and receipt showing the receipt and the identification of controls have been implemented to preclude the security, as well as the City's interest. C ITA OF \NA LIE, TEXAS INVESTMENT POLICY XIII.RECORD KEEPING AND REPORTING The Director shall maintain a list of designated custodian banks and a copy of the Safekeeping A record shall be maintained of all bids and offerings Agreement executed with each custodian bank. for securities transactions in order to ensure that the City receives competitive pricing. All transactions The City must approve release of securities in writing shall be documented by the person authorizing the prior to their removal from the custodial account. A transaction in a form that shows that person's name, telephone facsimile of a written authorization shall be the party instructed to execute the transaction, the sufficient if the custodian orally confirms receipt of date, a description of the transaction and a brief the transmission and an exact copy of the document statement of the reason(s)for the transaction. is retained in the City's files. In no event shall the custodial bank be an authorized depository bank, At least annually, the Director shall verify that all issuer of repurchase agreements in which the City securities purchased by or pledged to the City are on invests or broker/dealer of securities on behalf of the hand in appropriate form. The City, in conjunction City. with its annual financial audit, shall perform a compliance audit of management controls on All securities shall be confirmed in the name of the investments and adherence to the City's established City and delivered to an approved custodial bank or investment policies. carried at a Federal Reserve Bank in the name of the City. The Custodian shall not otherwise deposit Each depository of the City's funds shall maintain purchased or pledged securities. All book entry separate, accurate and complete records relating to all securities owned by the City shall be evidenced by a deposits of the City's funds, the securities pledged to safekeeping receipt issued to the City and signed by secure such deposits and all transactions relating to the appropriate officer at the custodian bank stating the pledged securities. Each approved custodian that the securities are held in the Federal Reserve shall maintain separate, accurate and complete System in a CUSTOMER ACCOUNT naming the records relating to all securities received on behalf of City as the "customer." In addition, the custodian the City, whether pledged, purchased or subject to bank will, when requested, furnish a copy of the repurchase agreement, as well as all transactions delivery advice received by the custodian bank from related to such securities. In addition, each the Federal Reserve Bank. depository shall file all reports required by the Texas State Depository Board. Each depository and All certificated securities (those transferred by custodian shall agree to make all the records physical delivery) shall: 1) be held by an approved described in this paragraph available to the Director custodian bank or any correspondent bank in New or designee and the City's auditors at any reasonable York City approved by the Director; and 2) the time. correspondent bank or the City's safekeeping bank shall issue a safekeeping receipt to the City All broker/dealers, custodians, depositories and evidencing that the securities are held by the investment advisors shall maintain complete records correspondent bank for the City. of all transactions that they conducted on behalf of the City and shall make those records available for The original safekeeping receipt for each transaction inspection by the Director or other representatives including purchased securities under a repurchase designated by the City Council or City Manager. agreement and collateral securing deposits will be forwarded to the Director or his designee and held in All sales of securities for less than the book value of a secured file by the City. the security shall be approved by the Director. Sales of securities for less than 92 percent of the book ("It\ OF N '\' LI [:, TEXAS INVESTMENT POLICY value of the securities must be approved by both the City Manager and the Director. XIV.ETHICS AND CONFLICTS OF INTEREST An investment report shall be prepared by the Officers and employees of the City involved in the Director and signed by each officer and employee of investment process shall refrain from personal the City authorized to conduct any of the City's business activity that involves any of the City's investment activity, on a annual basis listing all of the approved custodians, depositories, broker/dealers or investments held by the City, beginning and ending investment advisors. Employees and officers shall not market value for period, the current market valuation utilize investment advice concerning specific of the investments and transaction summaries, securities or classes of securities obtained in the including a detailed list of the gains and losses transaction of the City's business for personal recognized. The market value will be determined by: investment decisions, shall in all respects subordinate (I)written reports such as the Wall Street Journal; (2) their personal investment transactions to those of the on-line services such as Bloomberg; or (3) through a City, particularly with regard to the timing of primary dealer or national bank that is independent of purchases and sales and shall keep all investment the specific security being valued. The report must advice obtained on behalf of the City and all state the pooled fund group for each asset/security. transactions contemplated and completed by the City The report shall explain the total investment return confidential, except when disclosure is required by during the previous quarter and compare the law. portfolio's performance to other benchmarks of performance. If invested in securities, the City's An investment officer of the City who has a personal audit firm must review the quarterly reports annually business relationship with an organization seeking to and the result of the review shall be reported to the sell an investment to the City shall file a statement City Council by that auditor. disclosing that personal business interest. An investment officer who is related within the second Within 90 days after the end of the City's fiscal year, degree by affinity or consanguinity to an individual the Director shall prepare, sign and deliver to the City seeking to sell an investment to the City shall file a Manager and the City Council an annual report on the statement disclosing that relationship. A statement City's investment program and investment activity required under this subsection must be filed with the which has also been signed by each officer and Texas Ethics Commission and the governing body of employee of the City authorized to conduct any of the the City. City's investment activity. The annual report shall include full year investment returns. Such annual XV.POLICY REVISIONS report shall include an analysis of the compliance with this Policy as well as changes in the applicable This Investment Policy will be reviewed at least laws and regulations during the previous year and annually by the City Attorney, City Manager and may include any other items of significance related to Director of Finance and revised when necessary. All the investment program. The annual investment revisions shall be approved by the City Council. report will be reviewed as a part of the annual audit. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8, 2009 Item Number: 6 Department: City Manager's Office (City Secretary's Use Only) Prepared By: Account Code: Date Prepared: September 2, 2009 Budgeted Amount: Exhibits: 6 Subject Consider, and act upon, Ordinance No. 2009-28 finding that the current rates of CoSery Gas Ltd. are unreasonable; approving CoSery Gas Ltd.'s revised and uncontested tariffs; setting the effective date of new tariffs as October 1, 2009; finding rate case expenses reasonable; finding that any relief requested by CoSery Gas Ltd. not specifically granted herein is denied; finding that the meeting at which this ordinance is passed is open to the public as required as law; providing for notice of this ordinance to CoSery Gas Ltd.; and providing an effective date. Recommendation Motion to approve Ordinance No. 2009-28 finding that the current rates of CoSery Gas Ltd. are unreasonable; approving CoSery Gas Ltd.'s revised and uncontested tariffs; setting the effective date of new tariffs as October 1, 2009; finding rate case expenses reasonable; finding that any relief requested by CoSery Gas Ltd. not specifically granted herein is denied; finding that the meeting at which this ordinance is passed is open to the public as required as law; providing for notice of this ordinance to CoSery Gas Ltd.; and providing an effective date. Discussion On or about December 18, 2008, CoSery Gas Ltd. ("CoServ" or "Company") filed its Statement of Intent to change gas rates in all municipalities within the CoSery System. This ordinance represents the Coalition of Cities exercise of its original jurisdiction to evaluate the reasonableness of natural gas rates charged within city limits. The ordinance approves CoSery Gas Ltd.'s revised tariffs applicable to residential and commercial service in the City of Wylie. The revised tariffs reflect the agreement reached between the Coalition of Cities served by CoSery (of which Wylie is a member) and CoSery regarding CoServ's Statement of Intent to increase rates. Per the attached Staff Report, the adjustment in rates requested by CoServ, if approved, would have resulted in additional annual revenue of$2,915,367 to CoServ. Annual base revenue would have increased 19.7 percent across the service area and most of the impact would have fallen on the residential class. The Staff Report states an expert were hired to analyze the CoServ's request. Ms. Cannady determined that, based upon the information filed by the Company, it was reasonable to increase CoServ's annual revenues. However, Ms. Cannady concluded that the Company's request to increase revenues by $2,915,367 was excessive and unreasonable. Page 1 of 1 Page 2 of 2 In an effort to avoid costly litigation, the Coalition of Cities pursued the possibility of settlement with the Company. Based upon Ms. Cannady's analysis and additional information supplied by the Company through informal discovery, the Coalition of Cities determined a range of revenue increases upon which settlement would be reasonable. The $1.3 million annual revenue increase agreed to by the Coalition of Cities and CoSery is within that range of reasonable alternatives. The Settlement is based on a "black box" and reaches no particular conclusion on precise values for expenses, return and investments. As part of the settlement agreement, the Company agreed to continue its current schedule of miscellaneous service charges that has had the effect of mitigating some of the impact of the revenue increase that would otherwise be recovered though residential and commercial base rates. The settlement will keep CoSery miscellaneous service charges consistent with the similar charges imposed by Atmos Gas. CoSery initially requested a rate design that would have imposed a flat fee to recover all elements of the cost of service. The Coalition of Cities resisted the various proposals to flatten rates and to increase customer charges. The Settlement produces rates that reflect the same monthly customer charges currently in place for Atmos- $7.00 for residential and $13.50 for commercial. CoSery requested a residential base rate increase of 26.2 percent. The Ordinance cuts that residential increase to 8.35 percent. The commercial base rate increase under the Ordinance is 26.2 percent, but it is important to realize that commercial base rate charges are less percentage of the total commercial bill than residential base rate charges are to the total residential bill. The City must take action on CoServ's request to adjust rates by September 20, 2009, or it will lose jurisdiction to consider the request and the Company would have the legal right to implement its original request. Upon passage of the Ordinance, new rates will become effective October 1, 2009. The original Effective Date was January 23, 2009. In order to continue working on a settlement agreement, CoSery extended its proposed Effective Date on several occasions. The law provides that the Coalition of Cities may suspend a proposed Effective Date for 90 days. September 20, 2009 will be the 90th day from the date of the most recent extension to the Effective Date. When measuring the current Effective Date against the original proposed Effective Date, ratepayers have avoided $2.0 million in comparison to the Company's Statement of Intent and $800,000 in comparison to the rates reflected in the Ordinance. Staff recommends adoption of the attached ordinance and revised tariffs adjusting CoServ's rates effective October 1, 2009. The ordinance establishes reasonable rates and represents an optimal resolution of CoServ's Statement of Intent to adjust rates. Approved By Initial Date Department Director MM 9/3/09 City Manager fi 1 CTA ORDINANCE NO. 2009-28 AN ORDINANCE OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, FINDING THAT THE CURRENT RATES OF COSERV GAS LTD. ARE UNREASONABLE; APPROVING COSERV GAS LTD.'S REVISED AND UNCONTESTED TARIFFS; SETTING THE EFFECTIVE DATE OF NEW TARIFFS AS OCTOBER 1, 2009; FINDING RATE CASE EXPENSES REASONABLE; FINDING THAT ANY RELIEF REQUESTED BY COSERV GAS LTD. NOT SPECIFICALLY GRANTED HEREIN IS DENIED; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR NOTICE OF THIS ORDINANCE TO COSERV GAS LTD.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about December 18, 2008, CoSery Gas Ltd. ("CoServ" or "Company"), filed with the City of Wylie a Statement of Intent to change gas rates in all municipalities within the CoSery System; and, WHEREAS, the City has exclusive original jurisdiction to evaluate the Company's Statement of Intent as it pertains to the distribution facilities located within the City, pursuant to Texas Utilities Code §§ 102.001(b) and 103.001; and, WHEREAS, the City suspended the initial effective date of CoServ's rate request, and CoSery subsequently extended the effective date of the rate increase to allow the City to investigate the Company's filing and to consider settlement of the request; and, WHEREAS, failure to take action regarding CoServ's rate request by September 20, 2009, will cause CoServ's filed request to become effective for all CoSery customers within the municipal limits; and, WHEREAS, the City joined the Coalition of Cities Served by CoSery ("Cities"), a group of other cities similarly affected by CoServ's rate request to jointly hire counsel and an independent consultant to review CoServ's application; and, WHEREAS, after consideration of the Company's filing and the report issued by Cities' expert, the City concludes that CoServ's current rates are unreasonable and should be changed; and, WHEREAS, the Company and Cities have reached an agreement as to CoServ's filed request to increase rates conditioned upon final approval by Cities; and, Ordinance No.2009-28 CoSery Gas Rates and Tariffs WHEREAS, the Company's requested increase in system-wide annual revenues of $2,915,367 is excessive, and the Company has agreed to an increase in system-wide base revenues of$1,300,000, and to retain its current schedule of miscellaneous service charges; and, WHEREAS, Cities' rate case expenses incurred in this proceeding are reasonable and necessary in the amount specified below and should be reimbursed by CoServ; and, WHEREAS, the Company's rate case expenses in the amount specified below are reasonable and necessary; and WHEREAS, the City has reviewed the tariffs proposed by the Company in settlement between the Company and the Coalition of Cities Served by CoSery and has determined that approval of the tariffs is in the best interest of the City and its residents, results in just and reasonable rates, and, therefore, should be approved by the City; and, WHEREAS, since the Company filing is based upon system-wide standardized rates and tariffs, it would be inappropriate for any city or residents of any city to receive benefits not enjoyed by the entire system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, THAT: SECTION 1. It is in the best interest of the City and its residents to adopt the revised tariffs attached hereto to this Ordinance as Exhibit A that reflect the settlement agreement reached between CoSery and the Coalition of Cities Served by CoServ. SECTION 2. The adoption of the attached revised tariffs provides for just and reasonable rates to be charged system-wide by the Company. SECTION 3. Cities rate case expenses in the amount of$59,439 are reasonable and necessary and shall be reimbursed by CoServ. CoServ's rate case expenses are found to be reasonable and necessary in the amount of$325,655. Rate case expenses shall be recovered as provided in Rate Schedule 9 (RIDER RCE — RATE CASE EXPENSES) of the tariffs in Exhibit A hereto, using surcharge of$0.00271 per Ccf, including interest as specified in the Rider. SECTION 4. The effective date of the new tariffs is October 1, 2009. SECTION 5. No specific rate base, return, revenue or cost adjustments or rate making methodologies are approved in reaching the revenue requirements settlement that leads to the rates and charges adopted by this ordinance. Ordinance No.2009-28 CoSery Gas Rates and Tariffs SECTION 6. Relief requested by CoSery not specifically addressed herein is denied. SECTION 7. It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECTION 8. A copy of this ordinance, constituting final action on the CoSery application, be forwarded to the appropriate designated representative of the Company, Charles D. Harrell, Chief Financial Officer, CoSery Gas Ltd., 7701 South Stemmons, Corinth, Texas 76210-1842, and to Geoffrey Gay, legal counsel to Cities, within 10 days. SECTION 9. This Ordinance shall take effect immediately from and after its passage and acceptance and it is accordingly so ordained. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, Collin County, on this the 8th day of September, 2009 Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary APPROVED AS TO FORM: City Attorney Ordinance No.2009-28 CoSery Gas Rates and Tariffs Lloyd816 Congress Avenue,Suite 1900 i Austin,Texas 78701 Gosselink Telephone: (12) 320 5 00 Aft Facsimile: (512)472-0532 >17:2E ATTORNEYS AT LAW www.Iglawfirm.com 1984....®,:�<1 �('f!/'. �'®'2009 Mr.Gay's Direct Line: (512)322-5875 Email: ggay@Iglawfirm.com MEMORANDUM TO: CoSery Cities FROM: Geoffrey M. Gay DATE: August 25, 2009 RE: Ordinances for Approval of Rate Case Settlement The attachments contain the documents necessary for the conclusion of the CoSery rate case. There are two versions of the rate ordinance. Most Cities will use the version designated as "Ordinance for Cities where still pending at city level." Only the Cities that passed resolutions denying the requested rate application (Highland Village, Little Elm, Plano, The Colony) should use the ordinance designated as "Ordinance for Cities where appeal is pending at RRC." Both versions implement the same rate tariffs that are to be attached to the Ordinance as Exhibit A. A draft Staff Report in support of the Ordinance (applicable to either version) is included with this communication to assist in simplifying an explanation of the Ordinance to your City Council. Note that Section 3 of the Ordinance sets out the rate case expenses. I will send you a separate email on this subject. Neither Connie Cannady nor I have audited or evaluated the Company's claimed rate case expenses. My experience over the last three decades is that Company rate case expenses typically are five to ten times City expenses. The values for Cities and CoSery in Section 3 include estimates to complete the case and fees charged by consultants. Despite inclusion of estimates, there will be an ultimate reconciliation to actual expenses which may not exceed the values in Section 3. 2061/02/stc/mmo090825 Lloyd Gosselink Rochelle & Townsend, P.C. STAFF REPORT REGARDING THE ORDINANCE ADOPTING REVISED TARIFFS FOR COSERV GAS LTD. PURPOSE This ordinance represents the City's exercise of its original jurisdiction to evaluate the reasonableness of natural gas rates charged within city limits. The ordinance approves CoSery Gas Ltd.'s ("CoServ" or "Company") revised tariffs applicable to residential and commercial service in the City of . The revised tariffs reflect the agreement reached between the Coalition of Cities Served by CoSery ("Cities"), of which the City of is a member, and Company regarding CoServ's Statement of Intent to increase rates. DISCUSSION CoSery filed its Statement of Intent to increase rates with all of the cities in its service area on or about December 18, 2008. The adjustment in rates requested by CoServ, if approved, would have resulted in additional annual revenue of$2,915,367 to the Company. Annual base revenue would have increased 19.7 percent across the service area and most of the impact would have fallen on the residential class. Connie Cannady, Cities' expert hired to analyze the Company's request, issued a report on March 23, 2009. Ms. Cannady determined that, based upon the information filed by the Company, it was reasonable to increase CoServ's annual revenues. However, Ms. Cannady concluded that the Company's request to increase revenues by $2,915,367 was excessive and unreasonable. In an effort to avoid costly litigation, Cities pursued the possibility of settlement with the Company. Based upon Ms. Cannady's analysis and additional information supplied by the Company through informal discovery, Cities determined a range of revenue increases upon which settlement would be reasonable. The $1.3 million annual revenue increase agreed to by the Cities and CoSery is within that range of reasonable alternatives. The Settlement is based on a "black box" and reaches no particular conclusion on precise values for expenses, return and investments. As part of the settlement agreement, the Company agreed to continue its current schedule of miscellaneous service charges that has had the effect of mitigating some of the impact of the revenue increase that would otherwise be recovered though residential and commercial base rates. The settlement will keep CoSery miscellaneous service charges consistent with the similar charges imposed by Atmos Gas. CoSery initially requested a rate design that would have imposed a flat fee to recover all elements of the cost of service. Cities resisted the various proposals to flatten rates and to increase customer charges. The Settlement produces rates that reflect the same monthly customer charges currently in place for Atmos -- $7.00 for residential and $13.50 for commercial. 2061/02/oth0908 17 gmg CoSery requested a residential base rate increase of 26.2 percent. The Ordinance cuts that residential increase to 8.35 percent. The commercial base rate increase under the Ordinance is 26.2 percent, but it is important to realize that commercial base rate charges are less percentage of the total commercial bill than residential base rate charges are to the total residential bill. The City must take action on CoServ's request to adjust rates by September 20, 2009, or it will lose jurisdiction to consider the request and the Company would have the legal right to implement its original request. Upon passage of the Ordinance, new rates will become effective October 1, 2009. The original Effective Date was January 23, 2009. In order to continue working on a settlement agreement CoSery extended its proposed Effective Date on several occasions. The law provides that Cities may suspend a proposed Effective Date for 90 days. September 20, 2009 will be the 90th day from the date of the most recent extension to the Effective Date. When measuring the current Effective Date against the original proposed Effective Date, ratepayers have avoided $2.0 million in comparison to the Company's Statement of Intent and $800,000 in comparison to the rates reflected in the Ordinance. RECOMMENDATION The staff of the City of recommends that the City Council adopt the attached ordinance and revised tariffs adjusting CoServ's rates effective October 1, 2009. The ordinance establishes reasonable rates and represents an optimal resolution of CoServ's Statement of Intent to adjust rates. 2061/02/oth0908 1 7gmg CoSery Gas, Ltd. Impact on Customer Bills, Excluding Taxes Test Year Ended June 30,2008 Summary Residential Commercial Dollar Increase per Month 1.48 20.38 Increase with Gas 2.17% 3.52% 6/0 Increase excluding Gas 8.35% 22.45% Residential Customers Settlement Current Increase % Increase Customer Charge 7.00 9.00 (2.00) Volumetric Charge 12.23 8.75 3.48 Total Base 19.23 17.75 1.48 8.35% Gas 50.58 50.58 - Total Including Gas 69.82 68.34 1.48 2.17% Commercial Customers Settlement Current Increase % Increase Customer Charge 13.50 15.50 (2.00) Volumetric Charge 97.67 75.29 22.38 Total Base 111.17 90.79 20.38 22.45% Gas 488.09 488.09 - Total Including Gas 599.27 578.88 20.38 3.52% CoServGas,Ltd. Rate Case Expenses Summary by Vendor Dively&Associates 227,047.47 Filing Preparation and Case Assistance Hays&Owens 55,898.51 Filing Preparation and Case Assistance Financial Concepts and Applications 15,450.00 Filing Preparation and Case Assistance City of Piano 29,420.68 City Expenses Lloyd Gosselink Attorneys at Law 3,405.02 City Expenses Denton Record Chronicle 850.00 Notice Star-Telegram Inc 1,310.36 Notice The Dallas Morning News 5,057.00 Notice Stone Computer 649.18 Binding Materials for Filing and Working Papers FedEx 227.35 Delivery of Bound Materials FedEx Office 387.34 Printing of Filing and Working Papers Total 339,702.91 - City Billings Not Yet Paid 4,966.00 ($41,439 per Gay-29,420.68 above-3,405.02 above-3,647.30 retained) City Retainage Due on Above 3,647.30 Hays&Owens Not Yet Paid 10,113.00 Dively&Associates Not Yet Paid 1,665.00 Estimate to Complete-Cities 18,000.00 Per Gay Estimate to Complete-Dively 3,500.00 Estimate to Complete-Hays 3.500.00 385,094.21 Summary by Party CoSery 325.655.21 Cities 59,439.00 385,094.21 Detailed List of Invoices Invoice Invoice Invoice Vendor Number Date Amount Description Dively&Associates 5224 3/10/2008 2,625.00 Reg-2008 Rate Case Dively&Associates 5240 3/25/2068 3,850.00 Reg-2008 Rate Case Dively&Associates 5263 4/8/2008 1,805.65 Reg-2008 Rate Case Dively&Associates 5290 5/6/2008 10,431.25 Reg-2008 Rate Case Dively&Associates 5300 5/20/2008 12,537.50 Reg-2008 Rate Case Dively&Associates 5317 6/3/2008 2,497.50 Reg-2008 Rate Case Dively&Associates 5331 6/16/2008 7,613.75 Reg-2008 Rate Case Dively&Associates 5349 7/1/2008 8,113.75 Reg-2008 Rate Case Dively&Associates 5359 7115/2008 6,511.25 Reg-2008 Rate Case Dively&Associates 5373 7/29/2008 14,595.00 Reg-2008 Rate Case Dively&Associates 5387 8/12/2008 9,840.00 Reg-2008 Rate Case Dively&Associates 5403 8/25/2008 15,198.75 Reg-2008 Rate Case Dively&Associates 5418 9/8/2008 14,580.00 Reg-2008 Rate Case Dively&Associates 5429 9/22/2008 17.460 00 Reg-2008 Rate Case Dively&Associates 5445 10/7/2008 16,048.75 Reg-2008 Rate Case Divehi&Associates 5458 10/20/2008 11576.75 Reg-2008 Rate Case Dively&Associates 5472 11/4/2008 6,697.50 Reg-2008 Rate Case Dively&Associates 5486 11/18/2008 3,661.25 Reg-2008 Rate Case Invoice Invoice Invoice Vendor Number Date Amount Description Dively&Associates 5504 12/3/2008 6,001.25 Reg-2008 Rate Case Dively&Associates 5522 12/19/2008 14,957,52 Reg-2008 Rate Case Dively&Associates 5536 12/312008 2,667.50 Reg-2008 Rate Case Dively&Associates 5547 1/13/2009 4,443.75 Reg-2008 Rate Case Dively&Associates 5565 1/28/2009 740.00 Reg-2008 Rate Case Dively&Associates 5582 2/10/2009 647.50 Reg-2008 Rate Case Dively&Associates 5596 2/23/2009 2,608.75 Reg-2008 Rate Case Dively&Associates 5610 3/11/2009 1.880.00 Reg-2008 Rate Case Dively&Associates 5638 4/7/2009 4,276.30 Reg-2008 Rate Case Dively&Associates 5651 4/22/2009 7,585.00 Reg-2008 Rate Case Dively&Associates 5663 5/5/2009 4,646.25 Reg-2008 Rate Case Dively&Associates 5687 5/26/2009 5,770.00 Reg-2008 Rate Case Davey&Associates 5689 6/2/2009 1,295.00 Reg-2008 Rate Case Dively&Associates 5701 6/16/2009 2,220.00 Reg-2008 Rate Case Dively&Associates 5714 6/30/2009 740.00 Reg-2008 Rate Case Dively&Associates 5743 7/30/2009 925.00 Reg-2008 Rate Case Financial Concepts and Applications 01668 10/31/2008 3,300.00 2008 Rate Case Financial Concepts and Applications 123108 12/31/2008 1,200.00 2008 Rate Case Financial Concepts and Applications 33109 3/31/2009 2,100.00 2008 Rate Case Financial Concepts and Applications 43009 4/30/2009 8,850.00 2008 Rate Case Hays&Owens 1200/34 5/23/2008 455.20 Re:CoSery Rate Case-2008 Hays&Owens 1200/34 5131/2008 623.28 Re:CoSery Rate Case-2008 Hays&Owens 1200/32 7/17/2008 490.00 Re:CoSery Rate Case-2008 Hays&Owens 1200/34 8/15/2068 595.90 Re:CoSery Rate Case-2008 Hays&Owens 1200/34 8/31/2008 2.105.00 Re:CoSery Rate Case-2008 Hays&Owens 1200/34 10/20/2008 6,304.12 Re:CoSery Rate Case-2008 Hays&Owens 1200/34 11/25/2008 1,210.48 Re:CoSery Rate Case-2008 Hays&Owens 1200/34 12/17/2008 3,728.00 Re:CoSery Rate Case-2008 Hays&Owens 1200/34 1/28/2009 4,927.90 Re:CoSery Rate Case-2008 Hays&Owens 1200/34 2/202009 2223.50 Re:CoSery Rate Case-2008 Hays&Owens 1200/34 3/20/2009 315.90 Re:CoSery Rate Case-2008 Hays&Owens 1200/34 4/202009 5,647.20 Re:CoSery Rate Case-2008 Hays&Owens 1200/34 5/182009 14,133.53 Re:CoSery Rate Case-2008 Hays&Owens 1200/34 6/152009 9,543.00 Re:CoSery Rate Case-2008 Hays&Owens 1200/34 7202009 3,595.50 Re:CoSery Rate Case-2008 City of Plano 39215 1/20/2009 1,749.79 Lloyd Gosselink Invoice 39215 per 2008 Rate Case City of Plano 70909 7/9/2009 27,670.89 90%Lloyd Gosselink Legal invoices per 2008 Rate Case Lloyd Gosselink Attorneys at Law 41819 7222009 3.405.02 90%Uoyd Gosselink Legal Invoices per 2008 Rate Case Denton Record Chronicle 010509 1/5/2009 850.00 Ad:Notice of Gas Rate Change Star-Telegram Inc 010509 1/52009 1,310.36 Ad:Notice of Gas Rate Change The Dallas Morning News 010509 1/5/2009 5,057.00 Ad:Notice of Gas Rate Change Stone Computer 3-251112-01 12/192068 649.18 5"6-Ring Binders for Rate Case FedEx 9-029-85168 1225/2008 197.35 Rate Case Files to Austin FedEx 9-052-81460 1/152009 30.00 2008 Rate Case FedEx Once 123100 12/312008 387.34 Printing re:2008 Rate Case $339,702.91 TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 1 TABLE OF CONTENTS Applicable to: Entire System Page 1 of 1 Effective Date: Rate Schedule Description 1. TABLE OF CONTENTS 2. UTILITY OPERATIONS 3. CITY AND COUNTY SERVICE AREAS 4. DEFINITIONS 5. RATE R—RESIDENTIAL SALES 6. RATE C—COMMERCIAL SALES 7. RATE PGF—PURCHASED GAS FACTOR 8. RIDER PSF—PIPELINE SAFETY FEE 9. RIDER RCE—RATE CASE EXPENSES 10. RIDER WNA—WEATHER NORMALIZATION ADJUSTMENT 11. RATE M—MISCELLANEOUS SERVICE CHARGES 12. RATE Q—QUALITY OF SERVICE 13. RATE CP—CURTAILMENT POLICY 14. RATE DEP—CUSTOMER DEPOSITS TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 2 UTILITY OPERATIONS Applicable to: Entire System Page 1 of 1 Effective Date: CoSery Gas, Ltd. owns and operates a natural gas distribution system that provides natural gas service in Texas. The following will respond to inquiries regarding provisions of this Tariff for Gas Service: Tariff Coordinator CoSery Gas, Ltd. 7701 South Stemmons Corinth, Texas 76210 Telephone: (940) 321-7800 Email Address: tariff@coserv.com TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 3 CITY AND COUNTY SERVICE AREAS Applicable to: Entire System Page 1 of 1 Effective Date: CITIES & TOWNS Allen Argyle Bartonville Celina Corinth Cross Roads Denton Double Oak Fairview Flower Mound Fort Worth Frisco Highland Village Little Elm Lewisville Lucas McKinney Murphy Parker Plano Ponder Prosper St. Paul Shady Shores The Colony Wylie COUNTIES Denton Collin Kaufman TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 4 DEFINITIONS Applicable to: Entire System Page 1 of 1 Effective Date: COMMERCIAL CUSTOMER — A customer, other than a residential customer, and not otherwise covered by a contract under the contract rate provisions of Section 104.003 of the Texas Utilities Code. COMMISSION - The Railroad Commission of Texas COMPANY - CoSery Gas, Ltd., its successors, and its assigns CUSTOMER - An individual, family, partnership, association, joint venture, corporation, etc., or governmental agency who is receiving or who is receiving the benefit of gas service at a specified point of delivery RATE SCHEDULE - A statement of the method of determining charges for Gas Service, including the conditions under which such method applies. RESIDENTIAL CUSTOMER - Unless otherwise specified in the rate schedule, a customer whose service is separately and individually metered in an individual private Dwelling Unit or in an individually metered apartment, condominium, or similar dwelling and who uses natural gas primarily for Residential End Uses and occupies the building. RESIDENTIAL END USES - Heating, space heating, cooking, water heating, and other similar type uses in a dwelling. TARIFF FOR GAS SERVICE CoSery Gas,Ltd. Rate Schedule 5 RATE R- RESIDENTIAL SALES Applicable to: Entire System Page 1 of 2 Effective Date: Application of Schedule Schedule applies to all Residential Customers. Monthly Base Rate Customer's base monthly bill will be calculated using the following Customer and Ccf charges: Charge Amount Customer Charge $ 7.00 per month, plus Volumetric Charge $.19771 per Ccf Purchased Gas Factor In addition to the base monthly bill above, each customer's bill will include a Purchased Gas Factor to account for purchased gas costs and computed in accordance with Rate PGF - Purchased Gas Factor. Taxes In addition to the monthly charges above, each customer's bill will include a charge for an amount equivalent to the customer's proportional part of the city franchise fees, state gross receipts taxes, or other governmental levies payable by the Company, exclusive of federal income taxes. Municipal franchise fees are determined by each municipality's franchise ordinance. Each municipality's franchise ordinance will specify the percentage and applicability of franchise fees. From time to time, the tax factor may be adjusted, if required, to account for any over- or under-recovery of municipal franchise fees by the Company and to include an amount equivalent to the proportionate part of any new tax or increased franchise fee or tax, or any other governmental imposition, rental fee, or charge levied, assessed or imposed subsequent to the effective date of this tariff by any governmental authority, including districts, created under the laws of the State of Texas. The Company will also collect sales taxes where applicable. Gross receipts taxes and municipal franchise fees will only be charged to customers within the incorporated areas. TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 5 RATE R-RESIDENTIAL SALES Applicable to: Entire System Page 2 of 2 Effective Date: Surcharges In addition to the monthly charges above, each customer's bill will include an amount for surcharges calculated in accordance with the applicable rider(s): Rider PSF, and Rider RCE. Line Extension Policy The company has the right to contract with individual customers for the installation of gas facilities as provided for by the city franchise. Upon the request of a prospective new residential or commercial customer for service in an area served by CoSery Gas, CoSery Gas will extend its main lines up to 100 feet from an existing CoSery Gas main in the Public Rights of Way, without charge. The 100-foot allowance applies to a single customer or to a group of customers requesting service from the same extension. Customers requesting mainline extensions in excess of 100 feet shall bear the cost of any additional main, and shall bear the cost of all yard lines, service lines, customer meters and regulators, and appurtenant equipment, in accordance with the charges listed in item 12, Line Extension and Installation, of Rate M, Miscellaneous Service Charges. CoSery Gas is not required to extend its mains or facilities if the customer will not use gas for space heating and water heating, or the equivalent load, at a minimum. TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 6 RATE C - COMMERCIAL SALES Applicable to: Entire System Page 1 of 2 Effective Date: Application of Schedule Schedule applies to all commercial customers. Monthly Base Rate Customer's base monthly bill will be calculated using the following Customer and Ccf charges: Charge Amount Customer Charge $13.50 per month, plus Volumetric Charge $.23043 per Ccf Purchased Gas Factor In addition to the base monthly bill above, each customer's bill will include a Purchased Gas Factor to account for purchased gas costs and computed in accordance with Rate PGF - Purchased Gas Factor. Taxes In addition to the monthly charges above, each customer's bill will include a charge for an amount equivalent to the customer's proportional part of the city franchise fees, state gross receipts taxes, or other governmental levies payable by the Company, exclusive of federal income taxes. Municipal franchise fees are determined by each municipality's franchise ordinance. Each municipality's franchise ordinance will specify the percentage and applicability of franchise fees. From time to time, the tax factor may be adjusted, if required, to account for any over- or under-recovery of municipal franchise fees by the Company and to include an amount equivalent to the proportionate part of any new tax or increased franchise fee or tax, or any other governmental imposition, rental fee, or charge levied, assessed or imposed subsequent to the effective date of this tariff by any governmental authority, including districts, created under the laws of the State of Texas. The Company will also collect sales taxes where applicable. Gross receipts taxes and municipal franchise fees will only be charged to customers within the incorporated areas. TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 6 RATE C - COMMERCIAL SALES Applicable to: Entire System Page 2 of 2 Effective Date: Surcharges In addition to the monthly charges above, each customer's bill will include an amount for surcharges calculated in accordance with the applicable rider(s): Rider PSF, and Rider RCE. Line Extension Policy The company has the right to contract with individual customers for the installation of gas facilities as provided for by the city franchise. Upon the request of a prospective new residential or commercial customer for service in an area served by CoSery Gas, CoSery Gas will extend its main lines up to 100 feet from an existing CoSery Gas main in the Public Rights of Way, without charge. The 100-foot allowance applies to a single customer or to a group of customers requesting service from the same extension. Customers requesting mainline extensions in excess of 100 feet shall bear the cost of any additional main, and shall bear the cost of all yard lines, service lines, customer meters and regulators, and appurtenant equipment, in accordance with the charges listed in item 12, Line Extension and Installation, of Rate M, Miscellaneous Service Charges. CoSery Gas is not required to extend its mains or facilities if the customer will not use gas for space heating and water heating, or the equivalent load, at a minimum. TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 7 RATE PGF—PURCHASED GAS FACTOR Applicable to: Entire System Page 1 of 5 Effective Date: Purpose and Intent This provision is intended to allow collection of the gas purchase costs of CoSery Gas, Ltd. (hereinafter "CoSery Gas" or the "Company") in a manner that will lessen monthly fluctuations in the Purchased Gas Factor and ensure that actual costs billed to customers are fully reconciled with actual costs incurred, subject to limitations for excessive lost and unaccounted for gas. The billing methods set forth herein are intended to be followed to the extent the goals are realized. To the extent the billing methods fail to achieve these goals, the methodology shall be revised and a revised tariff filed to reflect such revisions. The Company will make appropriate regulatory filings and obtain regulatory approvals, as required, before making changes to its rates. Applicability This clause shall apply to all CoSery Gas tariffs that incorporate this Purchased Gas Factor provision and which have been properly filed and implemented with the appropriate jurisdictional authority. Definitions Standard Cubic Foot of Gas — the amount of gas contained in one (1) cubic foot of space at a standard pressure of fourteen and sixty-five hundredths (14.65) pounds per square inch, absolute and a standard temperature of sixty (60) degrees Fahrenheit. Ccf—one hundred standard cubic feet of gas. Mcf—one thousand standard cubic feet of gas. Purchased Gas Volumes — The volumes of gas, expressed in Mcf s, purchased by the Company and received into the Company's distribution systems from all sources, including withdrawals from storage, and excluding gas injected into storage. Purchased Gas Cost(s) —The total cost of Purchased Gas Volumes, as received into the Company's distribution systems, all as more specifically described herein. Weighted Average Cost of Gas — The Purchased Gas Costs divided by the Purchased Gas Volumes, calculated on a monthly basis, and expressed as dollars per Mcf. Billed Gas Volumes—The volumes of gas billed to customers, plus volumes of gas billed to third parties following losses or damages, expressed in Mcf s TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 7 RATE PGF—PURCHASED GAS FACTOR Applicable to: Entire System Page 2 of 5 Effective Date: Billed Gas Revenues — The total amount of revenues attributable to billings by CoSery for Purchased Gas Costs during a given period, exclusive of any billings for any Reconciliation Factor during the same period. Lost and Unaccounted for Gas (LUG) — Purchased Gas Volumes minus the sum of Billed Gas Volumes and metered Company used gas. Purchased Gas Factor (PGF) — A factor on each customer's monthly bill, expressed in dollars per Ccf, to reflect the Purchase Gas Costs and the Reconciliation Factor, all as more specifically described herein. Annual Review Period—The 12-month period ending June 30 of each year. Annual Review — An annual review of the Company's records covering the 12-month period ending June 30 to determine LUG volumes and any imbalances between the Purchased Gas Costs and Billed Gas Revenues existing at the end of the Annual Review Period. Annual Imbalance Total — The total amount determined through the Annual Review to be credited or surcharged to customers' bills, plus interest, in order to balance Purchased Gas Costs with Billed Gas Revenues. Reconciliation Factor—A credit or surcharge included in the Purchased Gas Factor to reflect the pro-rated adjustment in billings for any over or under collections on an annual basis, inclusive of interest. Record Keeping The Company shall keep accurate records of all gas metered in and out of its system, gas purchases, and Company-owned gas injected into and withdrawn from storage, and any adjustments, including interest, relative to any imbalances. The records shall include date, quantity, and cost details for all gas handled. Purchased Gas Cost Calculation The Purchased Gas Cost shall be determined for each month to fairly and accurately reflect the cost to the Company at the points of delivery into the Company's distribution systems. The determination shall include, but not be limited to, volumetric and demand charges for Purchased Gas Volumes, fees paid to others where such fees are integrally tied to the purchase or transportation of gas purchased by CoServ, pipeline transportation charges (both volumetric and demand), and gas storage charges (both volumetric and demand). TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 7 RATE PGF—PURCHASED GAS FACTOR Applicable to: Entire System Page 3 of 5 Effective Date: The Company shall account for gas injected into and withdrawn from storage on a weighted average cost basis. Purchased Gas Factor Calculation Each customer bill shall include a Purchased Gas Factor reflecting the estimated Weighted Average Cost of Gas for the period covered by the bill, which estimate shall include, as applicable, a pro-rata amount to adjust for previous over or under estimates of the Weighted Average Cost of Gas; plus the total amount of gas cost determined to have been uncollectible, written off, and remaining unpaid; plus a Reconciliation Factor to account for any Annual Imbalance Total. Annual Review For each Annual Review Period, the Company shall determine (i) the amount of any imbalance between the Purchased Gas Costs and Billed Gas Revenues, and (ii) the LUG volume for the Annual Review Period. As limited by the LUG volume limitation set forth below, the Annual Imbalance Total shall then be credited or surcharged, together with interest, to the customers' bills over a twelve month period commencing each September 1 following the Annual Review Period. Annual Imbalance Total -- LUG Volume less than five percent of Purchased Gas Volumes or LUG Volume is negative If the Annual Review shows the LUG volume for the Annual Review Period to be less than five percent of the Purchased Gas Volumes, or if the LUG volume is negative (indicating a line gain), the Annual Imbalance Total shall be the difference between the total Purchased Gas Cost and the total Billed Gas Revenues for the Annual Review Period. Annual Imbalance Total — LUG Volume is positive and is greater than five percent of Purchased Gas Volumes If the Annual Review shows the LUG volume for the Annual Review Period to be positive and to be greater than five percent of the Purchased Gas Volumes, the Annual Imbalance Total shall be determined as follows: • The difference between the total Purchased Gas Costs and the total Billed Gas Revenues for the Annual Review Period shall be determined; TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 7 RATE PGF—PURCHASED GAS FACTOR Applicable to: Entire System Page 4 of 5 Effective Date: • Minus, the Purchased Gas Costs attributable to LUG volumes in excess of 5% of the Purchase Gas Volumes, using the Company's Weighted Average Cost of Purchased Gas for the Review Period. Reconciliation Factor Calculation The Annual Imbalance Total (whether positive or negative) shall be credited or surcharged over twelve months in equal total amounts per month, together with interest on the declining unrecovered or uncredited balance. The recovery shall be through a Reconciliation Factor included in the Purchased Gas Factor. The Reconciliation Factor for each month shall be determined as follows: • The total interest to be collected or paid shall be computed by using a monthly interest factor equal to the annual interest rate divided by 12. The annual interest rate shall be the interest rate established pursuant to Section 183.003 of the Texas Utilities Code, as applicable to customer deposits, if any, of customers covered by this tariff, as such rate is in effect during the last month of the Annual Review Period. • The total interest to be collected or paid over the 12-month period shall be added to the Annual Imbalance Total. • The resulting total shall then be divided by 12 to determine the total amount to be credited or surcharged each month. • Each month of the twelve-month reconciliation period, the Reconciliation Factor, expressed in Ccfs, shall be calculated by dividing the sum of amount to be credited or surcharged during that month (which amount shall include, as necessary, an amount to correct for any previous over- or under-estimates of Billed Gas Volumes during the previous month or months in the same reconciliation period), by the estimated Billed Gas Volumes for the month. • At the end of each 12-month period, any remaining balance in the Annual Imbalance Total shall be included in any Annual Imbalance Total to be credited or surcharged during the successor 12-month period. TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 7 RATE PGF—PURCHASED GAS FACTOR Applicable to: Entire System Page 5 of 5 Effective Date: Annual Reconciliation Report The Company shall file an Annual Reconciliation Report with the Regulatory Authority that shall include but not necessarily be limited to: 1. A tabulation of volumes of gas purchased and costs incurred listed by account or type of gas, supplier and source by month for the twelve months ending June 30; 2. A tabulation of the uncollectible gas cost by month for the twelve months ending June 30; 3. A description of all other costs and refunds made during the year and their effect on Rate PGF—Purchased Gas Factor to date; 4. A tabulation of gas units sold to general service customers and related Rate PGF - Purchased Gas Factor revenues; and, 5. A description of the imbalance payments made to and received from the Company's transportation customers within the service area, including monthly imbalances incurred, the monthly imbalances resolved, and the amount of cumulative imbalances. The description should reflect the system imbalance and imbalance amount for each supplier using the Company's distribution system during the reconciliation period. TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 8 RIDER PSF—PIPELINE SAFETY FEE Applicable to: Entire System Page 1 of 1 Effective Date: Application Applicable to all customer classes. Monthly calculation Company will charge a surcharge to recover pipeline safety fees assessed by the Commission pursuant to Section 121.211 of the Texas Utilities Code and Commission Rule 16 TAC § 8.201. The surcharge will be charged not more often than once a year and will be billed following payment by the Company to the Commission, in accordance with the Commission's rules. TARIFF FOR GAS SERVICE CoSery Gas,Ltd. Rate Schedule 9 RIDER RCE—RATE CASE EXPENSES Applicable to: Entire System Page 1 of 1 Effective Date: Application Applicable to Residential and Commercial customer classes. Monthly calculation The bill of each residential and commercial customer shall include a surcharge designed to recover Company's reasonable rate case expenses, including reimbursement of municipal rate case expenses in accordance with Section 103.022 of the Texas Utilities Code. The surcharge will be calculated on a Ccf basis using total company volumes for Residential and Commercial customers, over a period of thirty six (36) months commencing with the date rates set forth in this revised tariff become effective in the city,town or environs area. All collections of the surcharge will be applied monthly to the outstanding uncollected balance of such rate case expenses, and interest at the rate of six (6) percent per year shall be calculated on, and added to, the declining balance each month. To the extent that some expenses may be estimates, Company is authorized to add such expenses as incurred to the amount to be surcharged up to the total estimated expenses of Company and municipalities being reimbursed. Company shall file an annual report with each regulatory authority with jurisdiction setting forth recoveries and the remaining balance in the rate expense account. TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 10 RIDER WNA—WEATHER NORMALIZATION ADJUSTMENT Applicable to: Entire System Page 1 of 2 Effective Date: Application Applicable to Residential customers, as well as Commercial customers with annual consumption less than 400 Mcf. Monthly calculation In order to reflect weather variances in a timely and accurate manner, the Weather Normalization Adjustment ("WNA") factor shall be separately calculated and adjusted monthly by rate class for each meter reading cycle ("Cycle"). Monthly WNA adjustments will be based upon weather information for the periods beginning with the first Cycle read in November and ending with the last Cycle read in the following May. The WNA factor for each Cycle shall be based on the following formula: WNA factor= WNV/CMV WNV is calculated based on the following formula: WNV = (HDD„/HDDa * HL)—HL Definitions CMV - Current Month Volumes billed for the Cycle. HDD„ -Normal heating degree days during the Cycle. HDDa - Actual heating degree days during the Cycle. HL - Heat Load volumes calculated using the following formula: Total volumes for the Cycle less Base Load volumes where Base Load volumes are calculated by multiplying the Base Load per customer as established in the most recent rate case by the number of customers in the Cycle. Monthly Report By the 25th day of the following month, the Company will file with the Regulatory Authority a monthly report showing the volume adjustments and WNA revenues for each applicable customer class. Supporting documentation will be made available for review upon request. TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 10 RIDER WNA—WEATHER NORMALIZATION ADJUSTMENT Applicable to: Entire System Page 2 of 2 Effective Date: Annual Report An annual report shall be filed with the regulatory authority for each six-month period beginning with November and ending with the subsequent May by customer class. The report shall provide: (a) the total amount of volumetric revenues collected from customers, including WNA revenues, (b) the Base Load revenues collected from customers using the Base Load per customer as established in the most recent rate case multiplied by the number of customers during the period, (c) the difference between the volumetric revenues collected from customers and the Base Load, which represents the weather-sensitive revenues billed, and (d) the calculated WNA revenues determined by the operation of the provisions of this weather normalization adjustment clause. TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 11 RATE M—MISCELLANEOUS SERVICE CHARGES Applicable to: Entire System Page 1 of 3 Effective Date: Application The service charges listed below are in addition to any other charges under the Company's Tariff for Gas Service and will be applied for the condition described. Other services not covered by these standard conditions will be charged on the basis of an estimate for the job or the Company's actual cost plus appropriate surcharges. Applicable Charges Service Amount of Charge Name and Description Charge No. Connection Charge During Business Hours During standard business hours, for each reconnection of gas service where service has been discontinued at the same premises for any reason, for the initial inauguration of service, and for each inauguration of service when the billable party has changed, with 1 the following exceptions: $ 65.00 (a) For a builder who uses gas temporarily during construction or for display purposes. (b) Whenever gas service has been temporarily interrupted because of System outage or service work done by Company; or (c) For any reason deemed necessary for Company operations Connection Charge After Business Hours After standard business hours, for each reconnection of gas service where service has been discontinued at the same premises for any reason, for the initial inauguration of service, and for each inauguration of service when the billable party has changed, with 2 the following exceptions: $ 97.00 (a) For a builder who uses gas temporarily during construction or for display purposes. (b) Whenever gas service has been temporarily interrupted because of System outage or service work done by Company; or (c) For any reason deemed necessary for Company operations Field Read of Meter 3 A read for change charge when it is necessary for the Company to $ 19.00 read the meter at a currently served location because of a change in the billable party. TARIFF FOR GAS SERVICE CoSery Gas, Ltd. RATE M—MISCELLANEOUS SERVICE CHARGES Applicable to: Entire System Page 2 of 3 Effective Date: Service Amount of Charge Name and Description No. Charge Returned Check Charges 4 Returned check handling charge for each check returned to $ 20.00 Company for any reason. Charge for Temporary Discontinuance of Service- Residential Whenever service has been temporarily disconnected at the request 5 of the customer, this charge plus the appropriate Connection Charge $ 65.00 will be made to reestablish such service for that customer at the same address. Charge for Temporary Discontinuance of Service—NonResidential Whenever service has been temporarily disconnected at the request 6 of the customer, this charge plus the appropriate Connection Charge $ 107.00 will be made to reestablish such service for that customer at the same address. Charge for Meter Testing The Company shall, upon request of a customer, make a test of the accuracy of the meter serving that customer. The Company shall inform the customer of the time and place of the test and permit the customer or his authorized representative to be present if the 7 customer so desires. If no such test has been performed within the $ 15.00 previous four (4) years for the same customer at the same location, the test shall be performed without charge. If such test has been performed for the same customer at the same location within the previous four (4) years, the Company will charge the Meter Test Fee. The customer must be properly informed of the result of any test on a meter that services him. Charge for Service Calls During Business Hours A Service Call Charge is made for responding to a service call 8 during standard business hours that is determined to be a customer $ 26.00 related problem rather than a Company or Company facilities problem. Charge for Service Calls After Business Hours 9 A Service Call Charge is made for responding to a service call after $ 40.00 standard business hours that is determined to be a customer related problem rather than a Company or Company facilities problem. TARIFF FOR GAS SERVICE CoSery Gas, Ltd. RATE M—MISCELLANEOUS SERVICE CHARGES Applicable to: Entire System Page 3 of 3 Effective Date: Service Amount of Charge Name and Description No. Charge Tampering Charge No Company Meters, equipment, or other property, whether on Customer's premises or elsewhere, are to be tampered with or interfered with for any reason. A Tampering Charge is made for unauthorized reconnection or other tampering with Company 10 metering facilities or a theft of gas service by a person on the $ 125.00 customer's premises or evidence by whomsoever at customer's premises. An additional cost for the cost of repairs and/or replacement of damaged facilities and the installation of protective facilities or relocation of meter are made at cost plus appropriate charges as may be detailed in the Company's Service Rules and Regulations Credit/Debit Card Payments Charge 11 Bill payments using credit cards, debit cards, and electronic checks Actual Cost (includes third-party transaction fees and administrative costs). Line Extension and Installation Charges Extension and installation of new mains, service lines, risers, fittings and other appurtenant equipment pursuant to main extension policy 12 Actual Cost in municipal franchise. Credit for main pursuant to municipal franchise. The customer is responsible for the installation of yard line and yard line risers. 13 Construction Crew Charges Actual Cost All labor charges if a construction crew is required. 14 Construction Costs Charges Actual Cost All other construction charges. TARIFF FOR GAS SERVICE CoSery Gas,Ltd. Rate Schedule 12 RATE Q—QUALITY OF SERVICE Applicable to: Entire System Page 1 of 1 Effective Date: CoSery Gas follows the quality of service requirements as set forth in the Commission rules at 16 TAC Sections 7.45 (Quality of Service) and Section 7.460 (Suspension of Gas Utility Service Disconnection During An Extreme Weather Emergency). TARIFF FOR GAS SERVICE CoSery Gas, Ltd. Rate Schedule 13 RATE CP—CURTAILMENT POLICY Applicable to: Entire System Page 1 of 1 Effective Date: CoSery Gas follows the requirements of the order in the Railroad Commission of Texas, Gas Utilities Docket No. 489. TARIFF FOR GAS SERVICE CoSery Gas,Ltd. Rate Schedule 14 RATE DEP—CUSTOMER DEPOSITS Applicable to: Entire System Page 1 of 1 Effective Date: Customer deposits are not required with acceptable credit bureau or other report of good credit by a utility. Deposits may be required of CoSery Gas customers who have been disconnected for nonpayment and later request to be reconnected. Deposits will be determined by estimating one- sixth of the average annual bill, and may include allowable additional charges, as specified by Texas Railroad Commission regulation. See applicable Commission regulation at 16 TAC Section 7.45 (Quality of Service Rule) for other provisions governing deposits. SECTION 6. Relief requested by CoSery not specifically addressed herein is denied. SECTION 7. It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECTION 8. A copy of this ordinance, constituting final action on the CoSery application, be forwarded to the appropriate designated representative of the Company, Charles D. Harrell, Chief Financial Officer, CoSery Gas Ltd., 7701 South Stemmons, Corinth, Texas 76210-1842, and to Geoffrey Gay, legal counsel to Cities, within 10 days. SECTION 9. This Ordinance shall take effect immediately from and after its passage and acceptance and it is accordingly so ordained. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, Collin County, on this the 8th day of September, 2009 Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance No.2009-28 CoSery Gas Rates and Tariffs Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8, 2009 Item Number: 7 Department: CM (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 08-21-09 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2009-29 amending Ordinance No. 2006-16 and Chapter 74, Article VII (Graffiti Vandalism) of the Wylie Code of Ordinances, for the purpose of revising regulations relating to the removal of Graffiti on private property; 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. Recommendation Motion to approve Ordinance No. 2009-29 amending Ordinance No. 2006-16 and Chapter 74, Article VII (Graffiti Vandalism) of the Wylie Code of Ordinances, for the purpose of revising regulations relating to the removal of graffiti on private property. Discussion The Texas State Legislature recently passed HB 2086 which went into effect September 1, 2009. One provision of HB 2086 states that Cities cannot charge property owners for graffiti removal unless the City has previously offered to clean up the graffiti for free, and the property owner has refused this offer. If a property owner does refuse free graffiti remediation by the City, the City can then declare the graffiti a public nuisance, obtain access to the property, clean up the graffiti and charge the owner. Our current Graffiti Ordinance is in conflict with HB 2086. The City Attorney's Office has prepared this amendment so that our Graffiti Ordinance will comply with State law. The intent of the new legislation is to prevent Cities from victimizing the victims of graffiti offenses by charging fees for clean up when the property owner cannot afford the clean up or the City fee. Since Ordinance 2006-16 was passed there have been several occasions where Wylie property owners could not afford graffiti removal and the City of Wylie removed or painted over the graffiti. The property owners were not charged in any of these situations and our offer for graffiti clean-up has never been refused. The instance of the City doing graffiti removal on private property has been rare. The norm has been that the property owners will clean up the graffiti in a timely fashion, without any action on the part of the City. Approved By Initial Date Department Director JTB 08 21 2009 City Manager /11n1 09 Page 1 of 1 ORDINANCE NO. 2009-29 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2006-16 AND CHAPTER 74, ARTICLE VII (GRAFFITI VANDALISM) OF THE WYLIE CODE OF ORDINANCES, FOR THE PURPOSE OF REVISING REGULATIONS RELATING TO THE REMOVAL OF GRAFFITI ON PRIVATE PROPERTY; 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 it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2006-16 and Chapter 74, Article VII (Graffiti Vandalism) of the Wylie Code of Ordinances for the purpose of revising regulations relating to the removal of graffiti on private property. 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: Amendment of Ordinance No. 2006-16 and Chapter 74, Article VII (Graffiti Vandalism) of the Wylie Code of Ordinances. Ordinance No. 2006-16 and Chapter 74, Article VII (Graffiti Vandalism) of the Wylie Code of Ordinances, is hereby amended as follows: "CHAPTER 74 ARTICLE VII. GRAFFITI VANDALISM Sec. 74-121. Purpose and intent. Sec. 74-128. Removal of graffiti by property owner or city; offense. If graffiti is not removed by the perpetrator according to section 74-127, graffiti shall be removed pursuant to the following provisions: Ordinance No.2009-29 Amending Ordinance No.2006-16 and Chapter 74,Article VII(Graffiti Vandalism) Page 1 556835.vl (1) Property owner responsibility. It shall be an offense for any person who is the owner of property in the City to permit property that is defaced with graffiti to remain defaced after: a. receiving the City's offer to remove the graffiti from the property free of charge; b. refusing to accept the City's offer; and c. failing to remove the graffiti on or before the fifteenth (15th) day after receiving the notice described in subsection 74-128(2). If the property owner fails to remove the graffiti on or before the fifteenth (15th) day after receiving the notice described in subsection 74-128(2), the City may remove the graffiti and charge the expenses of eradication to the property owner in accordance with subsection 74-128(6) and Wylie's Consolidated Fee Ordinance, as amended. (2) Notice to property owner. The notice to the property owner shall contain the following: a. The street address and/or legal description of the property sufficient for identification of the property; b. A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to the finding; c. A statement that the graffiti must be removed within fifteen (15) days after receipt of the notice and that if the graffiti is not abated within that time the City will declare the property to be a public nuisance, subject to the abatement procedures in this Chapter; and d. An information sheet identifying any graffiti removal assistance programs available through the City and private graffiti removal contractors. (3) Means of providing notice to property owner. The notice required in subsection 74-128(2) shall be given: a. personally to the property owner in writing; b. by letter sent by certified mail, addressed to the property owner at the property owner's address as contained in the records of the appraisal district in which the property is located; or c. if service cannot be obtained under subsection(a) or(b): Ordinance No.2009-29 Amending Ordinance No.2006-16 and Chapter 74,Article VII(Graffiti Vandalism) Page 2 556835.v1 (i) by publication at least once in a newspaper of general circulation in the City; (ii) posting the notice in or near the front door of each building on the property to which the notice relates; or (iii) by posting the notice on a placard attached to a stake driven into the ground on the property to which the notice relates. (4) Exceptions to property owner responsibility. a. The property owner lacks the financial ability to remove the defacing graffiti; b. The property owner has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property to remain defaced with graffiti for a period of fifteen (15) days after service of notice of the defacement; c. The graffiti is located on transportation infrastructure; or d. The removal of the graffiti would create a hazard for the person performing the removal. (5) Right of City to remove. a. Use of public funds. Whenever the City becomes aware or is notified and determines that graffiti is located on publicly or privately owned property viewable from a public or quasi-public place, the City shall be authorized to use public funds for the removal of the graffiti, or for the painting or repairing of the graffiti, but shall not authorize or undertake to provide for the painting or repair of any more extensive an area than that where the graffiti is located, unless the City Manager, or the designee of the City Manager, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive area. b. Right of entry on private property. Prior to entering upon private property or property owned by a public entity other than the City for the purpose of graffiti removal, the City shall attempt to secure the consent of the property owner and a release of the City from liability for property Ordinance No.2009-29 Amending Ordinance No.2006-16 and Chapter 74,Article VII(Graffiti Vandalism) Page 3 556835.v1 damage or personal injury. If the property owner fails to remove the offending graffiti within the time specified by this Article, or if the City has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the City and consistent with the terms of this Article, the City shall commence abatement and cost recovery proceedings for the graffiti removal according to the provisions specified below. (6) Abatement and cost recovery proceedings. a. Notice of due process hearing. The City Manager, or the designee of the City Manager, serving as the Hearing Officer, shall provide the property owner of record not less than seventy-two (72) hours notice of the City's intent to hold a due process hearing at which the property owner shall be entitled to present evidence and argue that the property does not constitute a public nuisance. Notice shall be served in the same manner as a summons in a civil action brought in a Collin County Court at law. If the owner of record cannot be found after a diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in a newspaper of general circulation published in the area in which the property is located. Any published notice shall include the street address or legal description of the property, that the hearing is being held pursuant to this Article, the purpose of the hearing and the date, place and time of the hearing. b. Determination of hearing officer. The determination of the Hearing Officer after the due process hearing shall be final and not appealable. If, after the due process hearing, regardless of the attendance of the property owner or its respective agent, the Hearing Officer determines that the property contains graffiti viewable from a public or quasi-public place, the Hearing Officer shall give written notice in an eradication order that, unless the graffiti is removed within ten (10) days, the City shall enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the Hearing Officer), or such other eradication thereof as the Hearing Officer determines appropriate, and shall provide the property owner thereafter with an accounting of the costs of the eradication effort on a full cost recovery basis. c. Eradication effort. Not sooner than the time specified in the order of the Hearing Officer, the City Manager, or the designee of the City Manager, shall implement the eradication order and shall provide an accounting to the property owner of the costs thereof. d. Cost hearing. The property owner may request a cost hearing before the Hearing Officer within fourteen (14) business days of the City providing Ordinance No.2009-29 Amending Ordinance No.2006-16 and Chapter 74,Article VII(Graffiti Vandalism) Page 4 556835.v1 the eradication accounting by certified mail or hand delivery, and appropriate due process must be extended to the property owner. If following the cost hearing or, if no hearing is requested, after the implementation of the eradication order, the Hearing Officer determines that all or a portion of the costs are appropriately chargeable to the eradication effort, the total amount set forth in the eradication accounting, or an amount thereof determined as appropriate by the Hearing Officer, shall be due and payable by the property owner within thirty (30) days of the City providing the eradication accounting by certified mail or hand delivery. Any amount of eradication charges assessed by the Hearing Officer that are less than the total amount set forth in the eradication accounting shall be explained by written letter from the Hearing Officer to the City Council. e. Lien/Statement of expenses. As to such property that is not a homestead, if all or any portion of the assessed eradication charges remain unpaid after thirty (30) days of the City providing the eradication accounting by certified mail or hand delivery, the portion thereof that remains unpaid shall constitute a lien on the property that was the subject of the eradication effort. The Director of Public Services shall present a Resolution of Lien, including a statement of expenses which contains the name of the property owner, if known,the legal description of the property and the amount of expenses incurred under subsection 74-128(6), to the City Council, and upon passage and adoption thereof, shall cause a certified copy of the Lien to be recorded with the County Clerk's Office of the county in which the property is located. Secs. 74-130—74.150. Reserved." SECTION 3: Savings/Repealing Clause: Ordinance No. 2006-16 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, 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 ordinance shall remain in full force and effect. SECTION 4: 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. Ordinance No.2009-29 Amending Ordinance No.2006-16 and Chapter 74,Article VII(Graffiti Vandalism) Page 5 556835.v1 SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or Ordinance No. 2006-16 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined as set forth in section 74-124 of Wylie's Code of Ordinances. Each unlawful act or continuing day's violation under this Ordinance or Ordinance No. 2006-16 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 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 8th day of September, 2009. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of publication in The Wylie News—September 16,2009 Ordinance No.2009-29 Amending Ordinance No.2006-16 and Chapter 74,Article VII(Graffiti Vandalism) Page 6 556835.vl Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8, 2009 Item Number: 8 Department: Purchasing (City Secretary's Use Only) Prepared By: Jim Holcomb Account Code: Date Prepared: August 28, 2009 Budgeted Amount: Exhibits: Bid, Lease Agreement Subject Consider, and act upon, approval of a bid and authorizing the Mayor to enter into a Lease Agreement, in the amount of $475.00, with Ben Scholz for the purpose of hay production on approximately 65 acres of City property. Recommendation Motion to approve bid and authorize the Mayor to enter into a Lease Agreement, in the amount of$475.00, with Ben Scholz for the purpose of hay production on approximately 65 acres of City property. Discussion Competitive bids were solicited for the lease of certain City owned real property, consisting of approximately 65 acres, located on what is commonly referred to as the Wells Property. The resulting lease agreement would provide for temporary use of the property for the sole purpose of hay production. The primary benefit to the City is to prevent the property from becoming overgrown with weeds. The term of the lease would be for a period of one year with an option to renew for one additional one year. The lease agreement is based on a fixed annual rental fee payable in a lump sum at the beginning of the lease. One bid was submitted by Ben Scholz, in the amount of$475.00 per year. Approved By Initial Date Department Director JH 08- 8-0 City Manager l/�� � t q cq Page 1 of 1 AFTER RECORDING RETURN TO: City of Wylie 2000 Highway 78 North kNy(ie,Texas 75098 Attn:City Manager Farm Lease Agreement By and Between the City of Wylie and Ben Scholz This Farm Lease Agreement (the "Lease"), made and entered into this 8th day of September, 2009, by and between the City of Wylie, Texas (the "Lessor"), a Texas municipal corporation, and Ben Scholz, an individual (the "Lessee") hereinafter collectively referred to as "Parties". WHEREAS, the Lessor desires to provide for an appropriate temporary use of a specified portion of its real property; and WHEREAS, Lessee has shown an ability to adequately meet the terms and conditions of this Lease; and WHEREAS, Lessor desires to allow Lessee to use the specified portion of its real property for hay production for cattle feed to prevent the said property from becoming overgrown with weeds. WHEREAS, it is in the best interest of the Lessor and its inhabitants to enter into a Lease Agreement with Lessee for an appropriate temporary use of a specified portion of its real property. NOW THEREFORE, in consideration of the terms, conditions, and covenants herein set forth, Lessor and Lessee mutually agree as follows: 1. GRANT For and in consideration of the mutual covenants and agreements herein set forth and other good and valuable consideration, Lessor does hereby lease to Lessee, and Lessee does hereby lease from the Lessor, the property situated in Collin County, Texas, more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes, consisting of SIXTY FIVE (65) acres, more or less, together with all buildings and improvements thereon, if any, and all rights thereto (the "Property"). 2. TERM This Lease shall commence on the 10th day of September, 2009, (the "Commencement Date"), and unless terminated earlier in the manner set forth herein, shall terminate on the 10th day of September, 2010 (the "Term" or "Lease Term"). 3. RENEWAL OPTION This Lease may be renewed for additional one (1) year term(s), commencing the day after the lease Term is complete, provided Lessee shall give Lessor written notice of its desire to renew this Lease at least sixty (60) days prior to the anniversary of the Commencement Date, and both parties agree in writing to renew the Lease for such period (the "Renewal Term"). 4. RENT Farm Lease Agreement Page 1 of 10 450976.v1 Lessee shall pay to Lessor cash rental equal to Four Hundred Seventy-Five Dollars ($475.00) per year during the Term and any extensions thereto (the "Rent"). All sums due to Lessor shall become immediately due and payable upon the Commencement Date of this Lease and the Commencement Date of any Renewal Term of this Lease. Any sums due Lessor and not received within five (5) days after the date due shall be grounds for termination of this Lease without advance notice to Lessee. 5. USE A. Lessee agrees to possess and occupy the Property continuously during the Lease Term and any Renewal Term solely for the purposes of hay production for cattle feed pursuant to the terms and provisions of this Lease and for no other use of purpose, and to surrender possession and occupancy of the Property peaceably at the termination of the Lease. B. The Property shall not be converted to any other use without the prior written consent of the Lessor. C. Lessee must actively use the Property as permitted by this Lease. Notwithstanding Section 7.C. below, failure to produce hay and/or allowing weeds to overtake the Property shall be grounds for immediate termination of this Lease. D. Lessee shall at Lessee's sole cost and expense, during any term hereof, comply with all laws, regulations or ordinances of any governmental, municipal or quasi- governmental authority affecting the Property, including, without limitation, Federal Insecticide, Fungicide and Rodenticide Act, and will indemnify and hold Lessor, its officers, agents, servants, and employees, and the Property free and harmless from all liens, claims, demands, or actions which may result from the failure, neglect, or refusal of Lessee to comply with said laws, regulations, or ordinances or claims by others. E. Lessor shall not be responsible or liable to Lessee or anyone claiming by, through, or under Lessee for any costs, expenses, profits, or other compensation whatsoever and Lessee shall, among other things, at its sole cost and expense, furnish all labor, equipment, tools, vehicles, and other forms of transportation, seed, fertilizer, insecticides, herbicides, and the application thereof, and any other items necessary to graze, maintain, and repair the Property as required by the terms of this Lease. 6. LESSOR LIABILITY A. Water Supply: No guarantee, either express or implied, is made by Lessor for a continuous and adequate water supply or sewage outlets for the benefit of Lessee and Lessor shall have no responsibility or liability for supplying water or sewage outlets to the Property. B. Soil: Lessor makes no representations as to the quality and/or fertility of the Property and Lessee accepts the soil and Property "as-is". Farm Lease Agreement Page 2 of 10 450976.v1 7. TERMINATION A. Lessor reserves the right to terminate this Lease at any time, for any reason, for all or any portion of the Property upon one (1) day's prior written notice to the Lessee. Upon the event of such total or partial termination, Lessee shall vacate the Property or that portion thereof so terminated as directed by Lessor, and Lessor may re-enter the Property and take possession thereof on the date set forth in the notice of termination (the "Termination Date") without process or further notice, Lessee hereby waiving any further notice. B. In the event Lessor exercises its rights as per Paragraph A above, and such termination does not arise out of the default hereunder of Lessee pursuant to Paragraph C below, the following shall apply: 1. At Lessor's option, the Termination Date may be extended for the time necessary to allow Lessee to harvest any crops planted prior to the time the notice is given (the "Approved Crops"). 2. With respect to total or partial Termination of Lease prior to completion of the Lease Term or any Renewal Term, Lessor shall rebate to Lessee an amount equal to the daily pro-rata Rent for the days remaining before the completion of the Lease Term or any applicable Renewal Term upon the written request of the Lessee. C. In the event Lessee (a) shall be adjudicated as bankrupt or insolvent according to law, or shall make an assignment for the benefit of creditors or (b) shall default hereunder in the payment of Rent or in the performance of or compliance with and other provision of this Lease, Lessor shall give Lessee five (5) days written notice of such default (the "First Notice"). If Lessee fails to cure such event of default within such five (5) day period, or if cure requires more than the said five (5) day period and Lessee has not commenced and diligently proceeded to effect such cure within thirty (30) days after receipt of First Notice, then on the happening of any one (1) of the foregoing events of the default, Lessor may terminate this lease and applicable term hereof and, in addition to the rights and remedies granted in this Lease, pursue all of its legal and equitable rights and remedies. Lessee shall immediately vacate the property upon one (1) days written notice (the "Final Notice") and Lessor may reenter and take possession of the Property, Lessee hereby waiving any further notices. No total or partial rebate of Rent shall be payable to Lessee in the event of termination under this Paragraph C. D. No wavier by Lessor of any violation or breach of any of the terms, provisions, conditions, or covenants herein contained shall be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions, conditions, or covenants herein contained. Forbearance by Lessor to enforce one or more of the remedies herein provided upon an event of default by Lessee shall not be deemed or construed to constitute a waiver of any other violation or default. E. In the event of Lessee's disability or death, Lessor shall have the option to terminate this Lease as of the date of such event and shall pay a rebate to Lessee's heirs, representatives, or distributees of Lessee an amount equal to the Farm Lease Agreement Page 3 of 10 450976.v1 daily pro-rata Rent for the days remaining before the completion of the applicable term upon the written request of the Lessee's personal representative, provided Lessee is not in default of the Lease pursuant to Section 7.C. above. 8. LESEE COVENANTS To improve the Property, conserve its resources, and maintain the Property in a high state of production and repair, Lessee covenants and agrees as follows: A. Lessee shall conduct all hay production in a good and workmanlike manner. B. Lessee shall control soil erosion as completely as practicable by striperopping, contouring, and filling in or otherwise controlling small washes or ditches that may form. C. Lessee shall keep in good repair all terraces, open ditches and inlets and outlets of tile drains and preserve all established watercourses or ditches, including grass waterways. D. Lessee agrees to cooperate in the operation of federal and state agricultural programs upon the request of Lessor. E. Lessee shall keep the Property free of trash, vehicles, machinery, and debris in general. F. Lessee shall carefully protect, repair, and maintain all buildings, fences, and improvements of every kind that are now on the Property in as good repair and condition as when possession was granted, normal wear, depreciation, and damage from causes beyond Lessee's control excepted, or those improvements that may be erected thereon during the continuance of any term of this lease, if any. Lessee shall not, without first having obtained the written consent of Lessor, (a) erect any improvements of a permanent nature on the Property, (b) remove any improvement, (c) purchase any materials or incur any expenses for the account of Lessor, or (d) make a claim for labor or materials at any time. Notwithstanding the foregoing, minor improvements of a temporary or removable nature which do not materially alter the condition or appearance of the Property may be made by Lessee at its own cost and expense. Lessor shall in no way be liable for claims resulting from damage by the elements or otherwise, to any of the buildings or improvements, nor for any loss or damage while improvements are under construction or repair, nor any buildings or improvements. G. Lessee shall operate and maintain the Property in an efficient and good workmanlike way, timely harvesting of crops and using good agricultural practices and operations that will conserve the Property. H. Lessee shall not, without the prior written consent of Lessor, (a) plow permanent pasture or meadowland, (b) cut any living trees, (c) allow livestock, (d) burn or remove cornstalks, straw, or other crop residues grown on the Property, or (e) pasture new seedlings or perennial ligumes or grasses in the year they are seeded. Farm Lease Agreement Page 4 of 10 450976.v1 I. Lessee will spread manure, straw, or other crop residues of the Property as soon as practicable on the Property's fields. J. Lessee shall not commit waste on or damage to the Property and shall use due care to prevent others from doing so. K. Lessee shall not, without prior written consent of Lessor, house automobiles, motortrucks, tractors, recreational vehicles, boats, trailers, or other large items in barns or other structures, or otherwise violate restrictions in Lessor's insurance policies, which restrictions Lessor shall make known to Lessee. L. Lessee shall, promptly at the expiration of any term hereof, or on the date of such earlier termination pursuant to Paragraph 7 above, (1) yield up possession of the Property without further notice, in good repair, ordinary erosion and loss by heavy wind or rain, hail or fire excepted, and (2) remove all of Lessee's personal property from the Property. M. Lessee shall follow good health and sanitation measures. N. Lessee shall keep the fields and pasture areas, if any, on the Property neat and clean by either plowing, spraying, grazing, or mowing, and shall control all weeds along the fences and about the buildings, if any, including the highways and roads adjoining the Property, and along the borders of the fields by mowing, and shall control the growth of brush and mesquite. Noxious weeds shall not be allowed to go to seed and shall be destroyed. O. No herbicides shall be sprayed in proximity to any residential or business areas and such spraying shall be further restricted if required by law. P. Existing fences will be maintained in good repair and will not be removed or improved without prior written consent of Lessor. Those fences shared jointly by Lessee and Lessor's other lessee, if any, shall be maintained jointly. Q. Lessee shall not, without prior written consent of Lessor, burn any hay, straw, grass vegetation or stalks on the Property. R. Existing contours and water flow shall not be disrupted without prior written consent of Lessor, and Lessee agrees to use Property in such a manner as not to interfere with the present drainage system. 9. INSPECTION AND ACCESS During any term of this Lease, Lessor, its agents, officials, representatives, contractors, subcontractors, or employees may enter the Property for, among other reasons, making reasonable examinations, surveys, and inspections, including, but not limited to, soil tests and borings on the Property as it deems necessary to make improvements thereto. Lessor will repair any damage to the Property which may be caused as a result thereof. Farm Lease Agreement Page 5 of 10 450976.v1 10. INDEMNIFICATION Lessee shall indemnify and save harmless Lessor against and from any and all claims by or on behalf of any person(s), firm(s), corporation(s), or any other entity arising from Lessee's use of the Property or the conduct of its business or from any activity, work, or anything done, permitted or suffered by Lessee, in or about the Property, and will further indemnify and save Lessor harmless against and from any and all claims arising from any breach or default on Lessee's part in the performance of any covenant or agreement on Lessee's part to be performed pursuant to the terms of this Lease or arising from any act, negligent or intentional, of Lessee, or any of its agents, contractors, servants, employees, visitors, or licensees, and from and against all costs, counsel fees, expenses and liabilities incurred in connection with any such claim, action, or proceeding brought against Lessor by reason of such claim. Lessee, upon written notice from Lessor, shall resist and defend, at Lessee's sole cost and expense, such action or proceeding by counsel reasonably satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage from any source to property belonging to it or under its control, in, upon, or about the Property or improvements thereon, and Lessee hereby waives all claims in respect thereof against Lessor and agrees to defend and save Lessor, its agents, contractors, servants, employees, visitors, or licensees harmless from and against any such claims by others. Lessee agrees to maintain insurance adequate to cover any potential liabilities that may arise as a result of this Lease. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS LEASE. 11. NOTICES All notices to be given hereunder shall be in writing and may be given, served, or made by (a) depositing the same in the United States Mail addressed to the authorized representative of the party to be notified, postpaid and registered or certified with return receipt requested or (b) through a recognized and bonded local or national professional courier service which provides adequate documentation as proof of transmittal and/or delivery of said notice. Notices shall become effective when actually received. Lessee: Lessor: Ben Scholz City Manager 407 Briarwood Drive City of Wylie Wylie, Texas 75098 2000 Highway 78 North Wylie, Texas 75098 12. ENCUMBRANCES A. Lessee shall not lease, sublet, or assign or in any manner encumber this Lease or any part of the Property. Lessee shall incur no expense of any nature whatsoever or create any obligation of any kind for any purpose affecting the Property which could become a lien against the Property. Lessee shall not conduct any sales of property, personal or otherwise, tangible or intangible, on the Property. Farm Lease Agreement Page 6 of 10 450976.v1 B. If Lessee shall at any time give or attempt to give to any person(s), company, corporations, or other entity lien upon the Property or other improvements thereon, or violates any of the conditions of this Lease, then this Lease may be terminated by Lessor in accordance with Section 7 above. 13. SUBORDINATION A. This Lease is made subject to all licenses, leases, grants, exceptions, encumbrances, restrictions, easements, and the like now or hereafter affecting the Property. B. This Lease is subject to any existing leases or contracts for the removal of natural resources such as timber, oil, and gas, and/or minerals, and Lessor reserves the right to lease the Property or any part thereof for prospecting, producing, saving, and marketing oil, gas, or other minerals, and the right of ingress and egress consistent with such purposes. 14. ASSIGNMENT Lessor reserves the right to assign all or a portion of this Lease at any time. In such event, Lessee shall be and hereby is entirely freed and relieved of all covenants and obligations of the Lessee hereunder pursuant to that portion assigned. 15. ENTIRE AGREEMENT A. This Lease constitutes the entire agreement between Lessee and Lessor with respect to the matters covered thereby and shall extend to and be binding upon the heirs, executors, administrators, assigns, and personal representatives of the parties hereto. B. This Lease can be modified or amended only by a document duly executed on behalf of the parties hereto and only those changes in this Lease which are approved in writing by both Lessor and Lessee shall be binding on the other. Neither Lessor nor Lessee shall be deemed to have waived any of its rights under this Lease unless it specifically agrees to do so in writing. 16. VENUE This Lease shall be governed by the laws of the State of Texas and exclusive venue shall be in Collin County, Texas. 17. SEVERABILITY In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Lease shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 18. CONSIDERATION This Lease is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 19. COUNTERPARTS This Agreement may be executed in a number of identical counterparts, each of which shall be deemed as original for all purposes. Farm Lease Agreement Page 7 of 10 450976.v1 20. BINDING EFFECT This Lease shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, and successors. 21. REPRESENTATIONS Each signatory represents this Lease has been read by the party for which this Lease is executed and that such party has had an opportunity to confer with its counsel. 22. MISCELLANEOUS DRAFTING PROVISIONS This Lease shall be deemed drafted equally by all parties hereto. The language of all parts of this Lease 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. Headings in this Lease are for the convenience of the parties and are not intended to be used in construing this document. IN WITNESS WHEREOF, the parties hereunto signed this Lease as of the date first above written. Executed for and on the behalf of the Lessor on the 8th day of September, 2009. CITY OF WYLIE A Texas Municipal Corporation Eric Hogue, Mayor ATTEST Carole Ehrlich, City Secretary Executed for and on the behalf of the Lessee on the 10th day of September, 2009. LESSEE Ben Scholz Farm Lease Agreement Page 8 of 10 450976.v1 LESSOR STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally ERIC HOGUE, Mayor, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledges to me that he is the duly authorized representative for the CITY OF WYLIE and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2009. Notary Public in and for the State of Texas My Commission Expires: LESSEE STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument; he acknowledges to me that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2009. Notary Public in and for the State of Texas My Commission Expires: Farm Lease Agreement Page 9 of 10 450976.v1 EXHIBIT "A" Property Description Farm Lease Agreement Page 10 of 10 450976.v1 CITY OF WYUE INVITATION FOR BIDS LEASE OF REAL PROPERTY The City of Wylie is soliciting competitive bids for the lease of approximately 65 acres of City- owned real property. The resulting lease agreement will provide temporary use of the property for the sole purpose of hay production. Sealed bids will be accepted at the Wylie Municipal Complex, Office of the Purchasing Agent, 2000 North Highway 78 Wylie, Texas until 2:00 PM August 26, 2009. The City reserves the right to reject any or all bids and to accept the bid that provides the best value for the City. The term of the lease shall be for a period of one year with an option to renew for one additional one year term. Lessee shall agree to possess and occupy the property solely for the purpose of hay production and shall pay to Lessor a fixed rental fee in the amount stated below. Rental shall be paid annually at the beginning of the term of the lease. All other terms and conditions of the lease are contained in the attached Farm Lease Agreement. The undersigned bidder agrees to pay the City an annual rental fee equal to: $ 1, 7j`,F2i2 ($ ) per year during term of lease. Bidder's Name: z- Address: 4207 ` ii h�Wcni Wvzr't- 752796 Telephone Number(s): c ' - 5.',_..'4 91 7' Signature: CITY OF WYLIE INVITATION FOR BIDS LEASE OF REAL PROPERTY The City of Wylie is soliciting competitive bids for the lease of approximately 65 acres of City- owned real property. The resulting lease agreement will provide temporary use of the property for the sole purpose of hay production. Sealed bids will be accepted at the Wylie Municipal Complex, Office of the Purchasing Agent, 2000 North Highway 78 Wylie, Texas until 2:00 PM August 26, 2009. The City reserves the right to reject any or all bids and to accept the bid that provides the best value for the City. The term of the lease shall be for a period of one year with an option to renew for one additional one year term. Lessee shall agree to possess and occupy the property solely for the purpose of hay production and shall pay to Lessor a fixed rental fee in the amount stated below. Rental shall be paid annually at the beginning of the term of the lease. All other terms and conditions of the lease are contained in the attached Farm Lease Agreement. The undersigned bidder agrees to pay the City an annual rental fee equal to: $ 475,a0 ($ ) per year during term of lease. Bidder's Name: T.-�L. Se14'L Z- Address: Ws/4/4--- Telephone Number(s): c2W- 654 - 9/ 7 Signature: 71 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8, 2009 Item Number: 9 Department: Building (City Secretary's Use Only) Prepared By: J.M. "Mike" McAnnally Account Code: Date Prepared: September 3, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, acceptance of the resignation of Lisa Palomba and appointment of a new Board Member to the Construction Code Board to fill the unexpired term of July 1, 2009 to June 30, 2011. Recommendation Motion to accept the resignation of Lisa Palomba and appoint as a Board Member to the Construction Code Board to fill the unexpired term of July 1, 2009 to June 30, 2011. Discussion Due to the resignation of Ms. Lisa Palomba, the Building Department is requesting the Mayor and Council select and appoint a person to fill the vacant position of Board Member to the City of Wylie Construction Code Board. Ms. Palomba notified us that due to unexpected work and personal obligations she must resign as an board member. Approved By Initial Date Department Director MM 09/03/0 City Manager ,/1a k 110, Page 1 of 1 From: Lisa Palomba [mailto:Lpalomba©verizon.net] Sent: Tuesday, August 25, 2009 5:51 AM To: Carole Ehrlich; Wendy Young Subject: Board Resignation Good Morning Ladies, Unfortunately, I think it is best that I resign from the Construction Code Board at the time. I suddenly have increased work and home responsibilities that are making evening meetings difficult to attend. I apologize for the short notice and any inconvenience. I have enjoyed my time on the board and have learned much.Thank you for the opportunity to serve. Sincerely, Lisa Palomba ///a) Original Message r' { From: Sunil K Verma (mailto.sunil;a:,suniiverma net] ` Sent: Friday, May 30, 2008 12:42 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Sunil K Verma DATE_OF_APPLICATION - 05/30/2008 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE - Parks and Recreation Board THIRD CHOICE - Wyle Economic Develoment Corp. Board SUBCOMMITTEE - Yes HOMEADDRESS - 200 Lakefront Dr HOME PHONE - 214-474-1960 HOMEFAX - HOME EMAIL - sunil@sunilverma.net RESIDENT_YEARS - 6 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - Yes BUSINESS NAME - OCCUPATION - Medical Technologist @ Baylor Hospital - Dallas BUSINESS_ADDRESS - BUSINESS PHONE - BUSINESS FAX - BUSINESS EMAIL- WHY INTERESTED - I believe that city of wylie is a great place to live. As a proud citizen i would want to make a difference by being appointed on one of the Board/Commission. What could be a better way to serve the community you live in. Submit - Submit End of form information ' ?; l �l 1 ----Original Message From: Robert (Neal) Riggins [mailto.boomersooners averizon.net] Sent: Friday, November 07, 2008 6:53 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Robert (Neal) Riggins DATE_OF_APPLICATION - 11/7/2008 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE - Parks and Recreation Board THIRD CHOICE - Animal Shelter Advisory Board SUBCOMMITTEE - Yes HOME_ADDRESS - 109 S Winding Oaks Dr HOME PHONE - 972/429-7843 HOME_FAX - HOME EMAIL - boomersooners@verizon.net RESIDENT_YEARS - 4 CONTACT_METHOD - Home Phone REGISTERED VOTER - Yes BUSINESS_OWNER - Yes BUSINESS NAME - OCCUPATION - Customer Service Manager BUSINESS_ADDRESS - 800 State Highway 121 bypass, Lewisville, Tx 75067 BUSINESS PHONE - 214/626-3446 BUSINESS FAX - BUSINESS_EMAIL - WHY_INTERESTED - I have been a resident of Wylie for several years now. have children that I am raising in Wylie and would like to be an active part of the community. I have always been politically active and would like to translate that into being an integral part of the continuing development of my hometown. Submit - Submit End of form information r� �4 Form Information Follows: NAME - Gaynell Reed DATE_OF_APPLICATION - 03-26-09 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE - Parks and Recreation Board THIRD CHOICE - Public Arts Advisory Board SUBCOMMITTEE - Yes HOME_ADDRESS - 1504 Bankston Dr. HOME PHONE - (214)284-3480 HOME FAX - (214)284-3480 HOME EMAIL - emuelr@hotmail.com RESIDENT_YEARS - 4 CONTACT METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS NAME - OCCUPATION - BUSINESS_ADDRESS - BUSINESS_PHONE - BUSINESS_FAX - BUSINESS EMAIL - WHY_INTERESTED - It is simple "I love Wylie". I recently retired from Texas Dept. of Criminal Justice with twenty six years of service. I am very interested in the community and it's positive survival. Submit - Submit End of form information Iv Original Message From: Eddie Rodgers Imailto:elmelrod a verizon.net] Sent: Wednesday, May 13, 2009 4:33 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Eddie Rodgers DATE_OF APPLICATION - 5/ 13/09 FIRST CHOICE - Parks and Recreation Board SECOND CHOICE - Wyle Economic Develoment Corp. Board THIRD CHOICE - Planning and Zoning Commission SUBCOMMITTEE - Yes HOME ADDRESS - 1307 Lonesome Dove Trail HOME PHONE - 972-429-4603 HOME FAX - 972-907-6970 HOME EMAIL - elmelrod(verizon.net RESIDENT_YEARS - 9 CONTACT METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS NAME - OCCUPATION - Sr. Systems Analyst BUSINESS_ADDRESS - 1125 E. Campbell Rd Richardson, TX BUSINESS PHONE - 972-705-7551 BUSINESS FAX - 972-907-6970 BUSINESS EMAIL - er1279(utt.com WHY_INTERESTED - I am the Executive Vice President of Wylie Youth Soccer Association (WYSA) and am heavily involved with youth sports and have worked with our Parks and Recreation department for years. I would be interested in having a voice the direction the city parks will be heading. Submit - Submit End of form information From: Teniqua Williams [mailto:wutsddeal'diyahoo.com] Sent: Monday, February 16, 2009 4:34 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Teniqua Williams DATE_OF_APPLICATION - 2-16-09 FIRST_CHOICE - Parks and Recreation Board SECOND CHOICE - Public Arts Advisory Board THIRD CHOICE - Library Board SUBCOMMITTEE - Yes HOME_ADDRESS - 801 Heatherwood Drive HOME PHONE - 214-628-3543 HOME FAX - 214-628-3543 HOME EMAIL - wutsddeal@yahoo.com RESIDENT YEARS - 1 CONTACT METHOD - Home Email REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS_NAME - OCCUPATION - BUSINESS_ADDRESS :BUSINESS - BUSINESS FAX - BUSINESS_EMAIL - WHY_INTERESTED - I would like to be actively involved in my community, and contribute in making positive decisions for the city. Submit - Submit End of form information Jun (14 Qy 10. 08a Gal 3e Walton 9972442-8106 p.?it( ?_ Board & Commission Application CIIY W� _: if Spring 2009 OF - l'.e,,e ren.--•,c _x^pir-red:?�t]ca�t //n//t c:.e City Secret,. Office at 20G0'fighway 79 North,Wylie.Texas 73098. Name: .vr O! J. l'Y 1�[I/4l�S Please indicate poltr frst, sec utid and titled preference below. 7r,tier.,••C.de.-.lard 'S�'iZalning diZoning Board 1?,ra7) L-&ro WW,lie Economic Development Corporation Board do Beat.0 a. :So r•d 3 rd . i n nit Board or 4dlustme,ts Animal Shel.e7.>d'iSory Board _.. Public Arts Advisory Boatel Yes,I would he rntere►•Ied in +truing on subcommittees that may be formed Personal I n farrn,tl io,* Occupational Information t:.or.ic A-drass Business Owner? 0 Yes Gf'�10 itIc51w:e.el-lq _I'�V Frx: .. .' .1J✓gl?y� Business Name:— t:totil W u,ffclole k 1&70'1,-0o CGO»t Occupation:. 1 have beer t Wyiie Reetient for L yewrt Business Address Kegisterstt yo e, No Telephone: Fax. Have yvu ever or do you curranttt serve on any city boards? Li Yes Prfgo if so. ?.hut brwrrti ire and torte+% Are you involved in any eornmunity activities?(Civic et Hobbles) r Yes C' o Please indicate briefly why .tau %ould like to he appointed to a Board or Cotwtnescion: _ oc,/ta/ /,•k e -AD ha e a pr.21'. boa rrl--- .._�..o.K f� > r. C�,(�►n,>�► lit _�_>o� tr.e s� Yes. I am aware of the meeting dates and times of me board/Commission I have applied artd if appointed.I agree to serve on the Board/Commission which I have applied,or would confider an alternate appointment to a second of third+entice preference. 5 S4nel DWI Dare FON OFFICE t 4.r.n.1 % Dane \,.I caaor Kac•.<. . _ \:.. +.pplicant'rave:D]No tfno.applicant peev.ousty served or: lwrl Vitt:Cwcbsrtc Chrwil Ott rrso-.Orf•rs:Dn,v,rrper *wended Applicant's Reception?Oyes Duo tc.re A phcant inserticw .Arocinvoent made to Tenn.Expires_. CSutcmeot Ouu Cunt tetra __ Oho appointment made al tits rime.retain applicatloo for one year. FAA Original Message From: Andrea Lanier (mailto:aundrealanier(a�yahoo.com] Sent: Wednesday, December 10, 2008 3:06 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Andrea Lanier DATE_OF_APPLICATION - 12/10/08 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE - Parks and Recreation Board THIRD CHOICE - Public Arts Advisory Board SUBCOMMITTEE - Yes HOME_ADDRESS - 105 Towngate Drive HOME PHONE - 469-831-7442 HOME_FAX - HOME EMAIL - aundrealanier@yahoo.com RESIDENT_YEARS - 5 CONTACT_METHOD - Home Phone REGISTERED VOTER - Yes BUSINESS OWNER - No BUSINESS NAME - OCCUPATION_ - BUSINESS_ADDRESS - BUSINESS PHONE - BUSINESS FAX - BUSINESS_EMAIL - WHY_INTERESTED - Living in Wylie has been great and I am interested in being apart of this wonderful growing community. Submit - Submit End of form information Original Message From: John Davis (mailto:icarusranccer(p�yahoo.com1 Sent: Tuesday, March 17, 2009 11:33 AM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - John Davis DATE_OF_APPLICATION - FIRST_CHOICE - Wyle Economic Develoment Corp. Board SECOND_CHOICE - Parks and Recreation Board THIRD CHOICE - Planning and Zoning Commission SUBCOMMITTEE - Yes HOME_ADDRESS - 2012 Fair Highlands Trail, Wylie TX 75098 HOME PHONE - 214-929-9335 HOME FAX - HOME EMAIL - icarusranger@yahoo.com RESIDENT_YEARS - 3 CONTACT_METHOD - Business Email REGISTERED_VOTER - Yes BUSINESS— - No BUSINESS NAME - OCCUPATION - NetWork Specialist BUSINESS ADDRESS - 2312 E Trinity Mills Carrollton TX 75006 BUSINESS __PHONE - 469-574-8183 BUSINESS FAX - 469-574-8083 BUSINESS EMAIL -john-t_davis@mitel.com WHY_INTERESTED - I am seeking to become active in my community Submit - Submit End of form information Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: September 8, 2009 Item Number: 10 Division: Parks and Recreation (City Secretary's Use Only) Prepared By: Bill Nelson Account Code: Date Prepared: September 1, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, acceptance of the resignation of David Willey and appointment of a new Board Member to the Parks and Recreation Board to fill the unexpired term of July 1, 2008 to June 30, 2010. Recommendation Motion to accept the resignation of David Willey and appoint as a Board Member to the Parks and Recreation Board to fill the unexpired term of July 1, 2008 to June 30, 2010. Discussion Due to the resignation of Mr. David Willey, the Parks and Recreation Division is requesting the Mayor and Council select and appoint a person to fill the vacant position of the Board Member to the City of Wylie Parks and Recreation Board. Mr. Willey notified us that due to unexpected personal obligations he must resign as a board member. Approved By Initial Date Department Director MS 09/01/09 City Manager " I m 113 I bl Page 1 of 1 From: Dave Willey [mailto:dwilley©mckinneytexas.org] Sent: Monday, August 31, 2009 10:54 AM To: Bill Nelson Cc: Mike Sferra; Robert Diaz Subject: RE: Good morning Bill. Unfortunately I will be out of town the next couple days and there does not seem to be enough time in the day anymore to finish what needs to be done. I will need to resign from the Board and will miss completing the projects we have started and the relationships with those involved. Let me know what I need to do to complete this and thanks. Dave L f.S EC � I3d ayLs N �4 ----Original Message From: Robert (Neal) Riggins [mailto:boomersoonersCa�verizon.net] Sent: Friday, November 07, 2008 6:53 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Robert (Neal) Riggins DATE_OF_APPLICATION - 11/7/2008 FIRST_CHOICE - Planning and Zoning Commission SECOND_CHOICE - Parks and Recreation Board THIRD CHOICE - Animal Shelter Advisory Board SUBCOMMITTEE - Yes HOME ADDRESS - 109 S Winding Oaks Dr HOME PHONE - 972/429-7843 HOME_ CFAX - HOME EMAIL - boomersooners@verizon.net RESIDENT_YEARS - 4 ONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - Yes BUSINESS NAME - OCCUPATION - Customer Service Manager BUSINESS ADDRESS - 800 State Highway 121 bypass, Lewisville, Tx 75067 BUSINESS PHONE - 214/626-3446 BUSINESS FAX - BUSINESS_EMAIL - WHY_INTERESTED - I have been a resident of Wylie for several years now. I have children that I am raising in Wylie and would like to be an active part of the community. I have always been politically active and would like to translate that into being an integral part of the continuing development of my hometown. Submit - Submit End of form information ' //,,.;,,,,,,4f__ . j Original Message """i/' 1 From: Sunil K Verma 1mailto:sunil(a�sunilverma.net1 / `i' Sent: Friday, May 30, 2008 12:42 PM j To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Sunil K Verma DATE_OF_APPLICATION - 05/30/2008 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE - Parks and Recreation Board THIRD CHOICE -Wyle Economic Develoment Corp. Board SUBCOMMITTEE - Yes HOME ADDRESS - 200 Lakefront Dr HOME PHONE - 214-474-1960 HOME FAX - HOME EMAIL - sunil@sunilverma.net RESIDENT_YEARS - 6 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - Yes BUSINESS NAME - OCCUPATION - Medical Technologist @ Baylor Hospital - Dallas BUSINESS_ADDRESS - BUSINESS PHONE - BUSINESS FAX - BUSINESS_EMAIL - WHY INTERESTED - I believe that city of wylie is a great place to live. As a proud citizen i would want to make a difference by being appointed on one of the Board/Commission. What could be a better way to serve the community you live in. Submit - Submit End of form information -k) 12u1-tA) . Form Information Follows: NAME - Gaynell Reed DATEOF_APPLICATION - 03-26-09 FIRST__CHOICE - Planning and Zoning Commission SECOND CHOICE - Parks and Recreation Board THIRD CHOICE - Public Arts Advisory Board SUBCOMMITTEE - Yes HOME_ADDRESS - 1504 Bankston Dr. HOME PHONE - (214)284-3480 HOME FAX - (214)284-3480 HOME EMAIL - emuelr@hotmail.com RESIDENT_YEARS - 4 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS NAME - OCCUPATION - BUSINESS_ADDRESS - BUSINESS_PHONE - BUSINESS_FAX - BUSINESS EMAIL - WHY_INTERESTED - It is simple "I love Wylie". I recently retired from Texas Dept. of Criminal Justice with twenty six years of service. I am very interested in the community and it's positive survival. Submit - Submit End of form information WebQA - WYLIETX Page 1 of 2 i90i W000222-052609-Board&Commission Application e 5 I�� bo a 1 06 Request Details i n E Full Name: a1 0 1Uii ,Patsy J. Lander • t ,Date of Application: 15/26/2009 7 ' l I ,� vU✓y Please indicate your first,second and third choices below: i�:� �( I x First Choice: I Zoning Board of Adjustments J :� f,-sti . ,, ,,poe el ,:(- x Second Choice: I Wylie Economic Development Board - ; ,`(, ���\ II- _( Third Choice: I Parks&Recreation Board j , ' ``\''� 1:e� 1N- «Interested in serving on G Yes Subcommittes that may be formed": C No Home Address: 12267 Beaver Creek Rd 4,Telephone: I972-429-9390 Cell Phone: 1214-284-7517 v_Email: Ilander@earthlink.net I have been a Wylie resident for 111 ..rl. (years): Registered Voter?: 60 Yes C No Business Owner?: (: Yes C No If yes,business name: ILander's Pawn Occupation: (Pawnshop Owner Business Address: 11106 Lavon Drive Business Telephone: I972-276-0228 Business Email: Ilander@earthlink.net Please indicate briefly why you We have lived in Wylie for the past would like to be appointed to a 11 years and have been business Board or Commission: owners for the past 40 years. Having owned Lander's Little Giant Food Store in Garland,A-Sprinkler-Tech, J We have lived in Wylie for the past 11 years and have been business owners for the past 40 years. Having owned Lander's Little Giant Food Store in Garland, A -Sprinkler-Tech, an irrigtion company and Lander-Moss, a real estate holding partnership, I feel I can bring a common sense approach to community service. Patsy J. Lander Original Message From: Eddie Rodgers [mailto:elmelrod(a verizon.net] Sent: Wednesday, May 13, 2009 4:33 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Eddie Rodgers DATE OF APPLICATION - 5/13/09 FIRST__CHOICE - Parks and Recreation Board SECOND CHOICE - Wyle Economic Develoment Corp. Board THIRD CHOICE - Planning and Zoning Commission SUBCOMMITTEE - Yes HOME_ADDRESS - 1307 Lonesome Dove Trail HOME PHONE - 972-429-4603 HOME FAX - 972-907-6970 HOME EMAIL - elmelrod@erizon.net RESIDENT_YEARS - 9 CONTACT METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS NAME - OCCUPATION - Sr. Systems Analyst BUSINESS_ADDRESS - 1125 E. Campbell Rd Richardson, TX BUSINESS PHONE - 972-705-7551 BUSINESS FAX - 972-907-6970 BUSINESS EMAIL - er1279@att.com WHY_INTERESTED - I am the Executive Vice President of Wylie Youth Soccer Association (WYSA) and am heavily involved with youth sports and have worked with our Parks and Recreation department for years. I would be interested in having a voice the direction the city parks will be heading. Submit - Submit End of form information From: Teniqua Williams [mailto:wutsddeal cniyahoo.com] Sent: Monday, February 16, 2009 4:34 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Teniqua Williams DATE_OF_APPLICATION - 2-16-09 FIRST_CHOICE - Parks and Recreation Board SECOND CHOICE - Public Arts Advisory Board THIRD CHOICE - Library Board SUBCOMMITTEE - Yes HOME_ADDRESS - 801 Heatherwood Drive HOME PHONE - 214-628-3543 HOME FAX - 214-628-3543 HOME EMAIL -wutsddeal@yahoo.com RESIDENT_YEARS - 1 CONTACT —METHOD - Home Email REGISTERED VOTER - Yes BUSINESS OWNER - No BUSINESS_NAME - OCCUPATION-- BUSINESS_ADDRESS :BUSINESS - BUSINESS FAX - BUSINESS_EMAIL - WHY_INTERESTED - I would like to be actively involved in my community, and contribute in making positive decisions for the city. Submit - Submit End of form information Jun 04 09 10..48a Ga13o Walton 9972442-8106 �V1 Board & Commission Application Cn Y o� Wy'L�r Spring 2009 1'.esyr ref+, '(";u •:;-^pr.!e.t t-)the City Secretet•'s Office al 2000:highway 79 North,Wylie,Texas 75098. Name: r of J. flack' at s Please indicate Iroi r first, second and skied preference below. r,uc .r C::di nosed )s - arming&Zoning Board Ad ti•alyd _W)lle Economic Development Corporation Board _ :-u1.,d; R:.:re I,.r.:lo,•e 3 fa/ lcn.ng Board or Adjustments Anitnsl Sbel.er Ad.tsoryBoard __. Public Arts Advisory Board Yes,1 mould hr interested in serving on subcommittees that may be formed. Personal lnfterrrutlinn Occupational Information Business Owner? CYes GAO 3cc Fl,x; /.4rC1�X�Cri9' S7V Business Name:— --_ t:mail L )tw f'f ddeot I&yo,koo GOt'+ Occupation r -..._. hive beer t wylie NesiJent tor years Business Address Registers)wxei' 4417 L No Telephone; Fax. - Hart you ever Or do troo curr.atit serve on any city boards? 1..i Yes IG'< !j'so. whir buurdlein and dotes? Are Viou involved in anv.ommatnimty activities?(Civic or Hobbies) Yes irf Please indicate briefly why you would like so be appointed to a Board or Commission: /, ke -o h e gsp i � rf +- . _oKy kelp ice.c4 !am aware of the meeting dates and times of the board.•eowmission I have applied tad if appointed,I agree to serve on the Boerd'C ,mmission which 1 have applied,or would consider an alternate appointment too second or third.service preference. 5 r J4ne atate Date FOR orFlci t cc n11 Dane:\pFI'catwn wxreiv.c' Nr••t:\pplicant!fa14 ONO Ifno.applicant prev;ou4ly served oil Limed Via:Cwcbartc Dmsil Orr rrsn-Or..f•rs:rJn_t••spaiscr Audi-Ace 4p licant's Reception?['Yes D10 tc Met t Applicant lnicrcic.y.tich;^u.cd -.-__- —.- -,-, Aprximment made to Ten;Expire:_. Ctiutcment di Oath Cotn4;etcd Ot.io po;ntn ent mode at t►is time.retain application for one year. Original Message From: Andrea Lanier [mailto:aundrealanier(a�yahoo.com1 Sent: Wednesday, December 10, 2008 3:06 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Andrea Lanier DATE_OF_APPLICATION - 12/10/08 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE - Parks and Recreation Board THIRD CHOICE - Public Arts Advisory Board SUBCOMMITTEE - Yes HOME_ADDRESS - 105 Towngate Drive HOME PHONE - 469-831-7442 HOME FAX - HOME EMAIL - aundrealanier@yahoo.com RESIDENT_YEARS - 5 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS NAME - OCCUPATION - BUSINESS_ADDRESS - BUSINESS PHONE - BUSINESS FAX - BUSINESS_EMAIL - WHY_INTERESTED - Living in Wylie has been great and I am interested in being apart of this wonderful growing community. Submit - Submit End of form information (it` - Original Message From: John Davis Emailto:icarusranger(a�yahoo.coml Sent: Tuesday, March 17, 2009 11:33 AM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - John Davis DATE_OF_APPLICATION - FIRST_CHOICE - Wyle Economic Develoment Corp. Board SECOND CHOICE - Parks and Recreation Board THIRD CHOICE - Planning and Zoning Commission SUBCOMMITTEE - Yes HOME_ADDRESS - 2012 Fair Highlands Trail, Wylie TX 75098 HOME PHONE - 214-929-9335 HOME FAX - HOME EMAIL - icarusranger@yahoo.com RESIDENT_YEARS - 3 CONTACT METHOD - Business Email REGISTERED_VOTER - Yes BUSINESS—OWNER - No BUSINESS NAME - OCCUPATION - NetWork Specialist BUSINESS_ADDRESS - 23_12 E Trinity Mills Carrollton TX 75006 BUSINESS PHONE - 469-574-8183 BUSINESS FAX - 469-574-8083 BUSINESS EMAIL -john-t_davis@mitel.com WHY_INTERESTED - I am seeking to become active in my community Submit - Submit End of form information