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10-13-2009 (City Council) Agenda Packet Wylie City Council CITYOFWYLIENOTICEmit OF MEETING Regular Meeting Agenda October 13, 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.wvlictexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.goy. 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 by State Representative Jodie Laubenberg to City of Wylie Mayor Eric Hogue. October 13,2009 Wylie City Council Regular Meeting Agenda Page 2 of 4 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 September 22, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-26(R) authorizing submittal of a grant application to the National Central Texas Council of Governments for state solid waste implementation funds. (M. Sferra, Public Services Director) C. Consider, and act upon, Ordinance No. 2009-31 amending regulations to Zoning Ordinance No. 2001-48, Article 6, as it relates to the proposed addition of Section 6.4 and the creation of the South Ballard Overlay, including district boundaries and design standards and Article 5 as it relates to allowed uses. ZC 2009-06. (R. 011ie, Planning Director) D. Consider, and act upon, Resolution No. 2009-27(R)authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of FM 1378 from Brown Street to Parker Road. (City Engineer, C. Holsted) E. Consider and act upon a request from Harrison Intermediate School PTA to hold a Fall Festival with a community garage sale/arts and crafts fair at Olde City Park on Saturday,November 14, 2009. (R. Diaz, Recreation Superintendent) F. Consider, and act upon, awarding of a bid and authorizing the City Manager to execute an Annual Mowing Contract with Signature Contracting Services for mowing and litter control within the City of Wylie. (I Holcomb, Purchasing Manager) REGULAR AGENDA Public Hearing 1. Hold a Public Hearing for the annexation of a 0.189 mile segment of County Line Road between the Collin County Line and the Rockwall County Line and a 0.284 mile segment between Elm Grove Road and Wells Road. (R. 011ie, Planning Director) Executive Summary This annexation is at the request of Dallas County and defined as orphan roads. Orphan Roads are all or part of a street or road-right-of-way which is outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right-of-way. These roadway segments have, in effect,been"orphaned"by the abutting city(or cities) that October 13,2009 Wylie City Council Regular Meeting Agenda Page 3 of 4 they serve in that they have been left unincorporated. If annexed, the City of Wylie will be responsible for maintenance, operation, enforcement, police and /or emergency services within these unincorporated rights-of-way. General Business Tabled from September 22, 2009 2. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, approval of a Resolution appointing a representative to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2010. (M. Manson, City Manager) Executive Summary This item was tabled to allow time to receive candidate endorsements from other cities. No endorsements were received as of October 9, 2009. The deadline for submission of candidates is October 15, 2009. The City of Wylie has 64 votes that they may cast for the Board of Directors of the Central Appraisal District of Collin County for a two year term beginning January 1, 2010. It is noted that each voting unit may nominate one to five candidates.This is the first step of the process in which nominations are accepted. 3. Consider, and act upon, Ordinance No. 2009-32 repealing the fee established in Section I of Ordinance No. 1992-14; amending the fee established by Chapter 54, Article IV Section 54-66 (Weeds, Rubbish, Insanitary matter) of the Wylie Code of Ordinances; amending Exhibit "A" of Ordinance No. 2009-12 (Consolidated Fee Ordinance) to establish a fee for the abatement of weeds, rubbish and insanitary matter and the abatement of graffiti; providing for a penalty for the violation of this ordinance; providing for a repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (J. Butters, Assistant City Manager) Executive Summary The consolidated fee ordinance amendment proposed would add two fees to our existing ordinance; (1) Graffiti abatement fee. Council recently amended the graffiti ordinance so that the City can abate graffiti and assess the cost of the abatement to a property owner only after first offering to abate the graffiti for free. According to State Law we must have a fee in our fee ordinance in order to charge for the graffiti abatement,and(2)Administrative fee for tall grass and weeds abatement. 4. Consider, and act upon, Resolution No. 2009-28(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the completion of Antiquities Permit #5296 for the construction of FM 1378 from FM 544 to Brown Street. (C. Holsted, City Engineer) Executive Summary In 1999 Collin County funded the design of FM 1378 from FM 544 to Brown Street. The roadway was owned by the Texas Department of Transportation (TxDOT) and included some funding through the Federal Highway Administration and during the design process, environmental studies were completed which identified a historically significant site. TxDOT did not have sufficient funding for the construction of the project and as a result the City and County secured funding through the Regional Toll Revenue Funding Initiative. In January 2009 TxDOT released ownership of the roadway to the City of Wylie which accelerates the construction process and results in a lower construction cost. October 13,2009 Wylie City Council Regular Meeting Agenda Page 4 of 4 5. Consider, and act upon, Ordinance No. 2009-33 amending Exhibit "A" of Ordinance No. 2009-12 (Consolidated Fee Ordinance), Section I, Subsection B (Water Rates) and Section XI, Subsection A (Fire Department Development Fees). (C. Holsted, City Engineer) Executive Summary In 2006 Council held a work session to discuss the water and sewer rate study prepared by McLain Decision Support Systems. The study incorporated the water and sewer capital improvements plan (CIP) as well as outstanding debt service. The CIP was updated as part of the water and sewer impact fee study; however, impact fees can only recoup fifty percent of the projected cost of the CIP. Therefore, the remaining cost must be funded through other means such as the water and sewer rates. The study also incorporated the proposed wholesale water rate increases from the North Texas Municipal Water District as well as the expansion of the Muddy Creek Regional Wastewater Treatment Plant. WORK SESSION • Update regarding the City of Wylie Web Page. (C. Kelley, Public Information Officer) • Discussion regarding the solid waste rate changes proposed by Community Waste Disposal (CWD). (J. Butters, Assistant City Manager) RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 9th day of October, 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.wt-v/ietExasgov. Carole Ehrlich,City Secretary Date Notice Removed ?Al Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, September 22, 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 6:00 p.m. with the following Wylie City Council members present: Mayor ProTem Red Byboth, Councilwoman Kathy Spillyards, Councilman Carter Porter, Councilman Rick White, Councilman Bennie Jones and Councilman David Goss. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; Planning Director, Renae' 011ie; Police Chief, John Duscio; Finance Director, Linda Vaughan; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Cub Scout Pack 418 leader Louis Revor gave the invocation and Cub Scout Pack 418 led the Pledge of Allegiance. Cub Scouts present included: Hayden Rhodes, Reece Rhodes, Colton Banes, Aidan Revor, Dakota Grayson, Jayden Bruering, Dalton Kriebs, Tyler Kriebs, Jace Diaz, Jackson Thach, Logan Revor, Darian Richardson, Diego Richards, and Vasco Zamudio. Troop leaders included: Sonya Rhodes, Louis Revor, and Vicki Shelton. PRESENTATIONS • Presentation of Character Trait "Citizenship" (Mayor Hogue) Mayor Hogue presented Sydney Segrest, 3rd grade student at Cox Elementary, with the presentation of the Citizenship Award. He noted that Sydney was not available to attend the meeting last semester when the 6 weeks character trait awards were presented. He introduced her parents Jim and Sandra Segrest. • Presentation on Nixle, a Citizen Notification System. (S. Seddig, Fire Marshal/C. Kelly, Public Information Officer) Minutes September 22, 2009 Wylie City Council Page 1 Public Information Officer Kelly addressed council stating that government agencies are faced with the challenging task of quickly, efficiently, and reliably delivering critical public safety information to their citizens. He explained that currently the city relies on outdoor sirens, the Emergency Alert System, and Collin County's Code Red System. Public Information Officer Kelly demonstrated the new Nixel system which has been added to the communication systems available to citizens. Kelly gave a short presentation regarding the functionality the system provided for communicating public safety (tornado warnings, weather) and community information through text messages, email, and the web. He noted that this service was at no cost to the city and would quickly communicate important information to citizens. The system was extensively researched by Fire Marshal Steve Seddig and comes highly recommended by public safety, as one of many arsenals in communicating emergency events to the citizens of Wylie. 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. Darren Beatty, residing at 710 Hanceville Way, Wylie, Texas, addressed council stating that he was concerned about the Homeowner's Association within his development and the lack of responses to concerns posed by residents of the HOA. Mayor Hogue requested City Manager Manson to contact Mr. Beatty for further research of the issue. 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 September 8, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of August 31,2009. (L. Vaughan, Finance Director) C. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of August 31, 2009. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Councilman Porter, seconded by Councilman Jones to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending regulations to Zoning Ordinance No. 2001-48, Article 6, as it relates to the proposed addition of Section Minutes September 22, 2009 Wylie City Council Page 2 6.4 and the creation of the South Ballard Overlay, including district boundaries and design standards and Article 5 as it relates to allowed Uses. ZC 2009-06 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the purpose of this revision is to create the boundaries and design standards of the South Ballard Overlay (SBO) District and to establish the allowable uses. This Overlay allows development in the South Ballard area to become a place that will be economically and geographically viable while also retaining the rich history, community values, and citizen friendly atmosphere that embodies Wylie. She reported that the Commission discussed at length the Victorian Architectural period of design. At the joint Council and Commission work session on July 7th, it was the consensus of those in attendance to allow a design style that covers a broader period in time known as the Victorian Era. Staff explained that the Victorian Era did not limit the design style to the Victorian style, but more referred to an art and architecture period ranging from 1837— 1901 and most recognized as a combination of past architectural types. She reported that property owners were notified that no changes would be required to their existing properties. This proposed change, if approved, would regulate the design of the area but not highly regulate the use. 011ie noted that goals of the overlay would include: eliminate blight both physical and economic, increase property utilization, spur private investment, increase visual amenities, and encourage the vitality of historic downtown. 011ie explained that because the text amendment also includes rezoning of property, 261 notifications were mailed to all properties within 200 feet in accordance with State Law. Sixteen (16) responses representing 43 properties were returned with 21 in favor of the request and 22 opposing the request. She reported that the Zoning Commission voted 5-0 to recommend approval of the proposed amendments. Public Hearing Mayor Hogue opened the public hearing on zoning case 2009-06 at 7:00 p.m. asking anyone wishing to address council on this zoning case to come forward. Raymond Cooper, residing at 301 Dogwood, Wylie, Texas, and owner operator of the Christian Care Center, Ballard Avenue, addressed council stating that he was not in favor of the proposed overlay. He stated, that in his opinion, he did not think this proposal would develop and thought it would impede the development of Ballard. With no one else wishing to address council during the public hearing, Mayor Hogue closed the public hearing at 7:04 p.m. Council Discussion Mayor Hogue asked Ms. 011ie to explain the difference between the core and the commercial boundaries. Ms. 011ie reported the area structures fronting Ballard, along Stone Road, and Birmingham and north of Callaway to Hwy. 78 would be considered the Commercial boundaries. Commercial boundaries can include a mix use development of residential and commercial users. For instance, it could have two story or one story commercial businesses or it could have single family attached two story residences. The core area runs along Jackson south of Callaway down to Stone road; this is the only area that will allow single family detached homes. She explained that this development will take time; this proposal is a long term plan for the area and will develop over time. Councilwoman Spillyards asked Planning Director 011ie to give some examples of other cities that used this mixed use overlay. 011ie reported that numerous area cities had developed form based codes and redeveloped areas that were full of blithe. All have been very successful over time. Minutes September 22, 2009 Wylie City Council Page 3 Mayor ProTem Byboth asked Planning Director 011ie if there was enough parking in the back of the properties to allow commercial parking. Ms. 011ie replied that there were several studies based on the required parking and there was enough parking spaces in the rear of the lots and hopefully one of the lots would be sold to construct additional parking areas. Mayor ProTem Byboth asked if it was necessary to incorporate the entire proposed area initially or if a compromise could be made to start with a smaller area to see how it develops. Planning Director 011ie replied that if the area was decreased to take out the core area, it would not affect the commercial area and she felt in a short amount of time, the core area would come back to council for inclusion. Councilman Goss stated that he was not in favor of current residents having to build to different standards should their home burn to the ground. Planning Director 011ie explained that the proposed overlay would allow those residents to build a home in the same wood materials as the present home under the new proposed code; were the current codes left, that homeowner would have to build a 2,400 square foot brick home. She noted that the requirements for rebuilding would be less strict under the new proposed overlay for current homeowners. Councilman Goss asked Ms. 011ie if the west side could be left off(Core area) of proposed overlay area. Mayor ProTem Byboth stated that the intent of the commercial portion of the overlay was to redevelop this blithe area on Ballard. Mayor ProTem Byboth stated that once the Ballard area "kicks off'the other areas will come back for approval. Council Action A motion was made by Mayor ProTem Byboth, seconded by Councilman Porter to approve amending regulations to Zoning Ordinance No. 2001-48, Article 6, as it relates to the proposed addition of Section 6.4 and the creation of the South Ballard overlay District, including district boundaries and design standards and Article 5 as it relates to allowed Uses. The SBO boundary shall include those lots fronting South Ballard Avenue bordered by SH 78 to the north, Stone Road to the south and the western lots facing 1st Street bordered by SH 78 and Butler Street. A vote was taken and the motion passed 7-0. General Business 2. Consider, and act upon, a Resolution nominating a candidate to the Board of Directors for the Central Appraisal District of Dallas County for a two year term beginning January 1, 2010. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that the Property Tax Code requires that the Chief Appraiser conduct an election for the purpose of selecting representatives to the Board of Directors of the Dallas Central Appraisal District every two years. The Dallas Central Appraisal District has a five member Board of Directors; one representing the County (Dallas County Tax Assessor Collector), a representative appointed by the Dallas ISD, a representative appointed by the City of Dallas, a representative elected by the suburban cities (31 cities), and a representative elected by the suburban ISDs (16 ISDs). Council Action A motion was made by Mayor ProTem Byboth, seconded by Councilwoman Spillyards to take no action regarding submission of nominations for the Dallas Central Appraisal District Board of Directors. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, a Resolution nominating a candidate to the Board of Directors for the Central Appraisal District of Collin County for a two year term beginning January 1, 2010. (M. Manson, City Manager) Minutes September 22, 2009 Wylie City Council Page 4 Staff Comments City Manager Manson addressed council stating that the City of Wylie has 64 votes that they may cast for the Board of Directors of the Central Appraisal District of Collin County for a two year term beginning January 1, 2010. She explained that this was the first step of the process in which nominations are accepted. Council is asked to approve a Resolution nominating a candidate for the Central Appraisal District for the Board of Directors of the Central Appraisal District of Collin County, which must be delivered to the Chief Appraisal before October 15, 2009. She reported that typically there are not nominations made by the Wylie council but staff wanted to place this on the agenda in the event council wished to nominate someone. Council Action A motion was made by councilman Porter, seconded by Councilman Goss to table consideration of nominations to the Collin County Central Appraisal District Board of Directors to the October 13, 2009 Wylie City Council Meeting to allow time to receive requests from other jurisdictions asking for support of their candidates. A vote was taken and the motion passed 7-0. Mayor Hogue recessed into Executive Session at 7:30 p.m. noting the exception below. 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: • Settlement of the lawsuit styled Dallas Home Builders Association of Greater Dallas and DR Horton Texas,Ltd. v. City of Wylie, Texas pending in the 401st District Court in Collin County, Texas in cause no. 401-03720-2008, including discussion relating to a Settlement Agreement, Release, and the form of the Judgment; and • Amending Ordinance No. 2007-12 as it relates to Fire Development Fees Mayor Hogue reconvened into Regular Session at 7:55 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. 4. Consider, and act upon, settlement of the lawsuit styled Dallas Home Builders Association of Greater Dallas and DR Horton Texas, Ltd. v. City of Wylie, Texas pending in the 401st District Court in Collin County, Texas in cause no. 401-03720- 2008 including approving a Settlement Agreement and Release and the form of the Judgment and authorize the City Manager to take all actions necessary to effectuate the same. (M. Manson, City Manager) Minutes September 22, 2009 Wylie City Council Page 5 Council Action A motion was made by Councilman Goss, seconded by Councilman White to approve the settlement in the styled Dallas Home Builders Association of Greater Dallas and DR Horton Texas, Ltd. v. City of Wylie, Texas pending in the 401st District Court in Collin County, Texas in cause no. 401-03720-2008 including approving a Settlement Agreement and Release in the form of the Judgment and authorize the City Manager to take all actions necessary to effectuate the same. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, Ordinance No. 2009-30 amending Section 3 of Ordinance No. 2007-12, relating to fire development fees. (M. Manson, City Manager) Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to adopt Ordinance No. 2009-30 amending Section 3 of Ordinance No. 2007-12, relating to fire development fees. A vote was taken and the motion passed 7-0. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2009-30 into the official record. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Mayor ProTem Byboth to adjourn the meeting at 8:03 p.m. Consensus of the Wylie City Council was to adjourn. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes September 22, 2009 Wylie City Council Page 6 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13, 2009 Item Number: B Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: September 21, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Resolution No. 2009-26(R) authorizing submittal of a grant application to the North Central Texas Council of Governments (NCTCOG) for state solid waste implementation funds. Recommendation Motion to approve Resolution No. 2009-26(R) authorizing the submittal of grant applications to the North Central Texas Council of Governments (NCTCOG) for state solid waste implementation funds. Discussion The North Central Texas Council of Governments (NCTCOG) has requested project applications for local government solid waste management funding. The purpose of this program is to provide funding for eligible local and regional municipal solid waste management projects in support of the goals and objectives of the adopted SEE Less Trash Regional Solid Waste Management Plan for the NCTCOG region. Funding for this program is provided through a grant from the Texas Commission on Environmental Quality. Through grant funding from the state, NCTCOG is the administrator of the solid waste funds collected from a fee on solid waste disposal. Approximately $1.5 million of reimbursable project funding is available for implementation projects in the current planning cycle. Staff received notice in August 2009 that the NCTCOG was accepting grant applications for projects. Applications became available on September 11, 2009 and were due for submittal by an October 9, 2009 deadline. The NCTCOG has allowed applicants until October 30, 2009 to submit an accompanying Resolution authorizing the filing of the application. Notification of awards will be made in December 2009. If the City's application is successful, an Interlocal Agreement between the NCTCOG and the City of Wylie will need to be executed shortly thereafter. The term of this funding cycle begins in December 2009, and all projects must be completed prior to July 2011. The application seeks $150,000 in funding to increase citizen awareness and participation in residential recycling services which is one of the Regional Solid Waste Management Plan's goals. This proposed project would equip three Community Waste Disposal (CWD) trucks and up to 13,200 recycle polycarts with RFID technology that will weigh each resident's recyclables to gauge their participation in the program. The City would retain ownership of and recover all equipment in the event that we secure another solid waste contractor in the future. Currently, CWD estimates that only 40% of residents participate in recycling. Incentives will be offered to encourage more residents to participate and to increase the participation rate of those that already do Page 1 of 2 Page 2 of 2 participate. The ultimate result of such efforts will be a reduction in the amount of debris deposited in area landfills and a diversion of more waste toward various recycling streams. If the grant application is successful, staff would need to submit a budget amendment to account for project revenues and expenses. However, the project is budget neutral in that the City will be reimbursed one dollar for every dollar it spends up to $150,000. Approved By Initial Date Department Director MS,� 10/2/09,�a City Manager l Y l 1 v/�t (0-7/UV/ RESOLUTION NO. 2009-26(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL IMPLEMENTATION PROJECT; DESIGNATING A PROJECT OFFICIAL IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF FUNDING FOR THIS PROJECT IS RECEIVED, THE CITY OF WYLIE WILL COMPLY WITH ALL PROJECT REQUIREMENTS OF NCTCOG, TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS. WHEREAS, the North Central Texas Council of Governments (NCTCOG) is directed by the Texas Commission on Environmental Quality to administer solid waste project funds for the implementation of NCTCOG's adopted Regional Solid Waste Management Plan; and WHEREAS, the City of Wylie in the State of Texas is qualified to apply for project funds under the Request for Project Applications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: That the City of Wylie hereby authorizes and directs its City Manager or her designee to request project funding under the North Central Texas Council of Governments' Request for Project Applications of the Regional Solid Waste Local Project Funding and act on behalf of the City of Wylie in all matters related to the project application and any subsequent project contract that may result. SECTION 2: That if the project is funded, the City of Wylie will comply with the requirements of the North Central Texas Council of Governments, Texas Commission on Environmental Quality and the State of Texas. SECTION 3: That the City of Wylie will allocate and expend the necessary moneys to support this grant project and then seek reimbursement from NCTCOG on a timely basis. SECTION 4: That the grant project funds and any project-funded equipment or facilities will be used only for the purposes for which they are intended under the project. Resolution No. 2009-26(R) Grant Application with NCTCOG Solid Waste Local Implementation Project SECTION 5: That the grant activities for this project will comply with and support the adopted regional (and local) solid waste management plans adopted for the geographical area in which the activities are performed. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 13th day of October, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2009-26(R) Grant Application with NCTCOG Solid Waste Local Implementation Project Wylie City Council CITY OF V�YLIE AGENDA REPORT Meeting Date: October 13, 2009 Item Number: C Planning (City Secretary's Use Only) Department: Prepared By: Renae' 011ie Account Code: Date Prepared: 09/24/09 Budgeted Amount: Exhibits: Four Subject Consider, and act upon, Ordinance No. 2009-31 amending regulations to Zoning Ordinance No. 2001-48, Article 6, as it relates to the proposed addition of Section 6.4 and the creation of the South Ballard Overlay, including district boundaries and design standards and Article 5 as it relates to allowed Uses. ZC2009-06 Recommendation Motion to approve Ordinance No. 2009-31, amending regulations to Zoning Ordinance No. 2001-48, Article 6, as it relates to the proposed addition of Section 6.4 and the creation of the South Ballard Overlay, including district boundaries and design standards and Article 5 as it relates to allowed Uses. ZC2009-06 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 create the South Ballard Overlay District (SBO) and establish the boundaries of said district. The SBO is generally bounded by SH 78 on the north, Stone Road on the south, the rear property line or the alley (where applicable) of those parcels facing Ballard, and the western lots facing 1st Street bordered by SH 78 and Butler Street. Zoning Ordinance 2001-48 Article 6, Section 6.4 South Ballard Overlay 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 09/28/09 1b /7/0 r City Manager � 1 1 Page 1 of 1 ORDINANCE NO. 2009-31 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 TO CREATE SECTION 6.4 SOUTH BALLARD OVERLAY DISTRICT (SBO); AMEND ARTICLE 5 USE REGULATIONS AND TO AMEND 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, and Article 5, creating Section 6.4 South Ballard Overlay 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 6-6 South Ballard Overlay 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 and Article 5 are hereby amended as shown in Exhibit "B" Section 6.4 South Ballard Overlay District (SBO) and Exhibit "C" Section 5.1 Land Use Charts attached hereto and made a part hereof for all purposes. 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 Ordinance No. 2009-31 Amending Zoning Article 6 South Ballard Overlay 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 13th day of October, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—October 21,2009 Ordinance No. 2009-31 Amending Zoning Article 6 South Ballard Overlay EXHIBIT "A" FIGURE 6-6 SBO BOUNDARIEScb 4 , 4` n � " r 1 ', - iaas !, M9' ,,' ,,- ,<''' � �' �' , a v' �„0 -, _01' -A 0r , ;4 n.� � - ,r��? y _.. 1 Fil C2 I SiKeby ,Si � � A ' . I ;� rt 1 1 rra s f` r zee..S# fir,. I Zoning Ordinance Section 6.4 SOUTH BALLARD OVERLAY DISTRICT (SBO) A. Purpose South Ballard has been identified by the City as a valuable area worthy of rejuvenation as a Mixed Use district. This section provides minimum development and design standards that will create a unique pedestrian friendly atmosphere for the citizens of Wylie that expands upon and is compatible with the architectural character of the Downtown Historic District. B. Plan Review 1. The requirements and guidelines that follow are minimum standards for development within the SBO. New development or major renovations will require the submittal of a Site Plan that will be evaluated by City Staff and the Planning and Zoning Commission to determine merit and applicability of the proposed development within the overall vision of the SBO. An appeal to the Council of the Commission's decision may be made if filed by the applicant in writing with the Planning Department not more than seven (7)days after the date of the action taken by the Commission. 2. For any site or design standard not expressly detailed below, Articles 2, 3, and 4 of this Ordinance shall apply. C. District Boundaries 1. The SBO is generally bounded by SH78 on the north, Stone Road on the south, the rear property line or the alley (where applicable) of those parcels facing Ballard, and the western lots facing I.' Street bordered by SH 78 and Butler Street. These boundaries are ter -=a shown on the map in Figure 6-6 for r + informational purposes. ';> 2. The precise boundaries of the South Ballard c Overlay District shall be shown on the official zoning map of the City of Wylie. The boundaries of the SBO may be amended r; from time to time based on a request from r_ area property owners, a request of the staff, the Commission, or at the pleasure of the Council. In considering a request for a change in district boundaries, the Council ` shall require: a. Any additions to the district shall be contiguous to the existing boundaries of the district; b. Any reductions in the district shall be located on the edge of the district such Figure 6-6 SBO Boundaries that a hole is not left inside the district; and Page 1 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS ;it Zoning Ordinance c. If requested by a property owner, a petition shall be presented showing owners of more than 50 percent of the land within the district, excluding streets, and owners of more than 50 percent of the building sites in the district are in support of the requested change in boundaries. D. Permitted Uses:See Use Chart in Article 5, Section 5.1. 1. Mixed Uses Residential and Nonresidential uses may be located within the same structure in order to promote a balanced and sustainable mixed-use environment within the South Ballard Overlay District. 2. Single Family Uses Detached Single Family dwelling units are prohibited. 3. Multi-Family Uses Multi-Family uses shall adhere to the following minimum square footage regulations per unit based on occupancy: 1 Bedroom—800 s.f.;2 Bedroom— 1,000 s.f.; 3 Bedroom— 1,200 s.f. E. Development and Design Standards: Following are the yard, lot and space requirements for each component within the South Ballard Overlay District, including density, height, lot and unit size. 1. Design Standards- Street and Sidewalk Standards The purpose of the Street and Sidewalk Standards is to provide for street treatments, pedestrian sidewalk and crosswalk standards, to provide public access to open space, and to provide enhancements along pathways. Desired Street and Sidewalk requirements are achieved by projects in accordance with the following criteria: 7 v474,4447 l7i 447,771f/1 t 40 ��dn 7 4A7 )i A,44rl,1. `"_` S B A%"�1J �'�� 1 ds V I ✓/�(t (�Ii`� � r ^- lyti: ^p rtf Y� n�(�� %l 1 i�"�,� J��or v., 4101011 V ` rp AP,P, nu ... 110'walkway Thoroughfare I Thoroughfare 110'walkway A —Center Median Figure 6-7 Streetscape ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 2 c , Zoning Ordinance a. Pedestrian Sidewalk and Crosswalk Standards i. All Developments shall provide a 10 foot minimum concrete public walkway. Large canopy shade trees shall be provided at 50 ft o.c. and must be placed a minimum of two feet off the back of curb. The walkway may be located partially within the property and partly within the street right-of-way parkway, if applicable. If the building set back is 15 ft from the street, a 5ft landscape buffer shall be provided between the façade of the building and the public walkway. The landscape buffer shall contain native drought resistant grasses and shrubs. Minimum size for shade trees shall be 3 inches in caliper and 14 to 16 feet in height at time of planting. Trees shall match, in species,those of existing development. ii. Decorative paving, consisting of stamped, decorative concrete or pavers, shall be provided to cover a minimum of 25%of the total surface area of the walkway and at all crosswalk entries of corner lots. Pow 5 vxsr ��• �..— ,».., J /1,�,,�,1�1'"��°�IiG+a"�^��IFFJ�I�(iW" 'l�'"�i fr r �/ ,Mu,,!"4 //� a�1MM11MM. 10011011 s '9 oil� 14t r � w r ,,11111,11 �J / fa, ,41 r i I r Figure 6-8 Decorative Paving Styles b. Lighting and Furnishings Along Sidewalks (1) Benches with backs which meet the city's standard park bench, at a minimum spacing of one bench per 250 feet are encouraged. (2) Provide waste receptacles every 250 ft,common throughout. (3) Provide lighting on trees within public walkway. Lighting shall consist of up-lights and placed in a way to minimize fixture placement visibility. c. Mail Boxes Mail boxes, as provided for a multi tenant building shall be of a Cluster Mailbox Unit(CBU)box style. The CBU shall be located at the lot line, or as required by the United States Post Office,and include one slot for every commercial space and one slot for every residential unit. Multiple CBU's may be used on larger lots as necessary. Mailboxes for single users shall incorporate architectural features that are compatible with the main structure. Page 3 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS i (.r, , r Zoning Ordinance ji U MAW l .�/ 1. Figure 6-9 Cluster Mailbox Units 2. Site Design Standards. The purpose of the Site Design Standards is to provide for building and parking placement, landscape requirements, access drives and the location of service and loading areas. Desired Site Design requirements are achieved by projects in accordance with the following criteria: a. Building Placement (1) Buildings shall be placed with their entrance and/or main facade oriented to the street at the property line or five feet from the property line. (2) Buildings shall be placed with the rear of the building at least 15 feet from the property line. 11 II 1 w... 1111 c I l[�'sidewalk I I I — Commercial Ontamental Sleet below lights BannersPublic ROW Residential Benches Bike above Racks Figure 6-10 Building Placement ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 4 t ( ; r, Wvr Zoning Ordinance b. Parking (1) Within the SBO the first 1,000 square feet of space for each individual use shall be exempt from providing any required parking. Additionally, a minimum of 50% of all required parking, in accordance with Article 5 Use Charts of this Ordinance, shall be located on site as required by specified use. All on site parking shall be placed a minimum of loft behind the front façade of the building with a landscape buffer provided. Not more than 140' of contiguous frontage of parking shall be visible from a street. On site parking shall also provide spaces for bicycles at a rate of one for every full 25 spaces of required parking. (2) Alternative materials, such as pavestones, grasspavers, or asphalt can be used for driveways and parking spaces, subject to approval of the City Engineer. c. Location of Service Areas and Loading (1) Service areas and loading areas shall be located in the parking area nearest the rear of the building. (2) Service areas shall have a screening wall with gates which prevent visibility from a public street and use a material, style and colorization that matches the main structure. d. Landscaping: Desired Landscaping Design requirements are achieved by projects in accordance with the following criteria: (1) At least ten percent of the site shall be landscaped and contain an automated subsurface irrigation system. (2) Landscaping is required in the front yard and completely along the front property line. (3) Landscaping is not required in side yards in which a pathway is provided for the purpose of pedestrian access to the rear areas of the site. (4) The landscape area shall include shrubs and at least one flowering tree for every 50 linear feet of planting area in the rear of the building of commercial and mixed-use lots. Trees may be planted in groves or bands as long as the required number of trees are provided. Page 5 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS (71 - A 1 Zoning Ordinance ur , f . Public pathways for the purpose of pedestrian ,i II Iv #if 0, 7 access to rear areas of a srte. II 'it lo , ,t/ 04 co-1 7 50'Lot Width 50'Lot Width ihm *TIP '° / * 1 / ------ --- --- ,...-,-, ;wo--11 •,,yA,a4i1 4, ',.° " ` ° .i. .-44",,,,` '14, ""#....gt, 1"0 ,, ' ', ; 1 „,„ .;-,,v,,,-,:',A, :i%16,.,:..4,01igi., /‹..,/,.. '7,1044,.017.4 11444* ',,,,z4 4 i „ ki 1„,,,,,,, -,44-,,,,,,„,,,„„_„, 1,,,,..,/,,,,,,V:,,,,,,,,kv,.. 1, 4,,,,„, 4 , #,e;•Pt,40A/N*,1"A% ,4/1":4A, ' orf,'P' (1 111 1 1110 Ilh' IIIII ' ,' 1,44011iii "' ',1011 41 ' 1111° )f4 ' ; 0 0I"0' '(401'It 111111111110441111 t I i to ?''' '111111:1111111111, litilp :,,,,,,,,,,, It,„ e4 . 1 lolicsh,44 . „4„,,, 1 0, Iv, .„. • 3,400 s.f w /A" bldg irfv• ,3,8015 5,,f 1 , , blcig . ,., 1 ,r—tt 1 5, set back . - 1 I. ' 'e,'1 '''.14:''t"I.''''l'Pit'lltfr''''''' ti ..''' ' 44'", 1% r1‘,4 .fl'", ,,,kt,'''. ''"4:,,,r'''' .,,'''''It4' .4, 1 '''( 1 „,,,,.._ »,11/, ,,,d,.,5 ,10,r 1,',,.7,,,,,,'" *''''41,... ,.0,0' ' ' ' iiii, '', , . ,: '' i 1114 s''''''' '' ' 10 wide sidewalk Bldg @ property with decorative line. pavers Figure 6-11 Landscaping/Public Walkways Page 6 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS 14( (In OF YiI6 Zoning Ordinance 3. Architectural Standards. In order to provide for a variation in building architecture, new developments should be designed to reflect the Victorian Architectural Period. The Victorian style is most recognized as a combination of past architectural types. a. Architectural Style (1) Identifying features of the Victorian Era include but are not limited to: )%. Steeply pitched roof of irregular shape, usually with dominant front facing gables ➢ Textured shingles to avoid smooth-walled appearance • Partial or full width asymmetrical porch, usually one story high and extended along one or both side walls ➢ Asymmetrical facade • Variations in facades, building height and rooflines. (2) Design characteristics should be rich in detail,ornate and designed to achieve a picturesque effect with dormers, arches and vertical and/or horizontal emphasis with contrasting colors and textures. b. Exterior Building Materials (1) All units shall have a minimum of seventy-five (75) percent of the exterior facade composed of brick, stone laid masonry units, stone, cast stone, masonry stucco, decorative concrete, stucco, or masonry fiber cement products. Glazing shall not exceed 40 percent of the front elevation of the residential component of a mixed-use structure. Wood and vinyl siding materials shall not be used for primary exterior walls. (2) EIFS Requirements i. EIFS systems must include a drainage arrangement to help keep moisture from being trapped behind the covering. ii. EIFS only from manufacturers who have a current code evaluation report. (The evaluation report is evidence that the EIFS manufacturer has met certain requirements and has fully tested and evaluated its products.) iii. EIFS only from manufacturers who are members of EIMA. EIMA manufacturer members are required to adhere to minimum industry and ASTM performance standards as well as maintain code compliance reports in the areas in which they do business. iv. Installation of EIFS only by contractors who are trained and listed by the EIFS manufacturer. v. Submittal of EIFS installation cards are required to confirm installation of the EIFS and sealants in compliance with the EIFS manufacturer's requirements. Page 7 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS CITY,F 1'ruh Zoning Ordinance c. Roofs and Roofing-Roofing Materials (1) All Commercial structures with a pitch greater than 2:12 shall have roofing materials of architectural grade dimension asphalt shingles, concrete or clay roofing tiles, standing seam metal roofing, or slate roofing shingles. (2) All Residential structures shall have architectural-grade overlap shingles, tile or standing seam metal. Wood shingles are not permitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. d. Repetition of Unit Design Elevations In order to promote architectural variation a variety of elevations shall be used on all buildings within the South Ballard Overlay District including the placement of the primary entrances, porches, number and placement of windows, and other major architectural features. The façade of each building must contain different building materials, color, or elevation at a minimum of every 50 feet of frontage. In addition, the same material pattern, color, or elevation may not be repeated within 3 facades on the same side of the street or directly on the opposite side of the street. Appeals Regarding Material The Building Official may grant exceptions to the above minimum standards for new construction when other materials are required to enhance the architecture of the structure. However, if the Planning Director determines a product does not demonstrate the desired architectural qualities or if the Building Official determines that a product does not demonstrate the same durability as masonry, the applicant may appeal that decision to The Zoning Board of Adjustments or the Construction Board,respectively. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 8 C,rv�f t4'tiur Zoning Ordinance e. Building Bulk and Articulation (1) Single Family attached,Mixed-Use,and Commercial i. In order to avoid large blank facades, variations in the facades facing a public street shall be provided in both the vertical and horizontal dimensions. Therefore, corner lots must provide the following on all sides adjacent to a street. Buildings may incorporate decks, upper level setbacks, trellis, dormers and gable roof forms to achieve articulation. ii. Entrances to buildings shall be emphasized through providing projections, recessed areas, canopies, projections in height, or other architectural elements. iii. Ground floor facades facing a public street shall have display windows, entry areas, awnings, or other such features along at least 40 percent of their horizontal length. iv. Cornice at top of facade; v. Display windows with transom windows above and lower window panels below. vi. Pilasters that divide the facade vertically and separate the display windows units into discrete visual elements. vii. Second floor windows, recessed with multiple lights, lintels, and sills or doors providing access to a second storey balcony. viii. Buildings on corners which create a diagonal corner cut with the entrance on the corner. ix. Pediments added to the top of the facade. x. Decorative architectural detailing on or around the cornice, fascia, pilasters, or around windows. xi. Use of natural wooden look doors with glass windows. xii. Projecting canopies and or awnings placed over the ground floor windows and doors. (2) In all cases all commercial or mixed-use buildings along Ballard Avenue shall have a minimum height of thirty feet(30) feet, measured from finish grade to the highest point of the cornice or to the roof. Page 9 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS 7/ CITY OE WYLIE Zoning Ordinance Weather protection Roofline modulation Repeating distinctive window features patterns at intervals less 50' • /, :-.2 .._ - .-•,. '''..... ' ,. .„ - . ,. .,4,.... !.... ,..,... ; ,, . • '• , . 11 ''''2•••Z.. . it,,,,,,,,, 'V,7 I ,-.1.. .-1 ,,,, • . ft'', i-- -._ • , ,,. :0: #400... ,..,, .. ,..,... . .......,:. ,-. )4 I1..--..,,„:„..,... 1,P 40 ws. 4„„/---- , _ - ;.--:1,-:t , , --, 44.,,,---. . - :',.. ;;f•.-7,`."..,----- i Building modulation '1., c . 074 z.;,.... ,.....7,--, • •,. e.:1 tied with change in \...,,Z:-.,„ 1 .411.7"-"--,'..-,<4.• • i --, . roofline ---------,. _ f ,.; Recessed entries .. ...„,.., ,, , .. ..;-„, for each articulation .',2°T,.."-..::',•.'t..,, '- '---:-`-'•-, linterval Figure 6-12 Building Articulation Pediment 141444044.1ssibt,1%1,,, Roof ridge .11 t r u ss ed rof ters %liar Ot 600% ....„•••••0400011 7:;1 Cornice ., _ fErszti 7-- , 10••1111111111.1111111111111011 • - , lkAA•11/4ANn 1 Age..;‘•:„.••, •' 1 ' • T.t•••te, •.'-.S . ......441,../...,,,,,,,, , Ct• ------------" I c_____ .,-..• • I LI 7 , :-.. '..', ij .., .z.: - , i L •- ii ,, , f, ! 11 ,. :. " '..‘ t' ,:." .1V0a11111101111111=1E ,- : f 2 — 1 -- k , 0 ...ir...,, _ ..71, t---:..., Itl 1 1 CH i I 0_ 0 ..., ...C) —71 r 111' ' 1 i L1 I m - \ 1 1 A .........-.4 I :. I .• - , , , ..... . ammoin ,- - • dpc ,......•• Finish grade IAIGIFE111111111111111LIMIll • , r.... ..... cohere IC I I oor• stub --1 Olinelot ton s -"..r. Figure 6-13 Building Height :.. hurdcOre gm Elea ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 10 Crry)F Zoning Ordinance f. Conservation/Sustainability Each building must comply with the Energy component of the Building Code. However, all buildings are encouraged to meet the United States Green Building Council(USBGC)standards for Leadership in Energy and Environmental Design(LEED)certification. g. Garages(if provided) Garages shall not be located on or noticeable from the primary street. The primary street would be the addressed street front. When a three car garage is constructed on a lot in a 2 & 1 configuration, the single car door may face the street. Each garage shall be a minimum of 300 square feet. If detached,the garage shall be constructed of materials to match the main structure. h. Address Numbers All buildings shall have a lighted stone or metal plaque with address beside the main entry of the dwelling unit. Each facade shall have a unique address with suite numbers applying to individual units within the building. i. Outdoor Lighting All buildings shall have an illuminated standard porch light at the front and rear entry and the front facade, side and/or rear activity area shall be illuminated by down-light or up-light wired to the interior. j. Fencing(If Provided) (1) Rear yard fences shall be permitted to a height of 8 feet maximum and constructed of wood with metal posts and rails to the inside. (2) Pressure treated wood is prohibited. (3) Front yard fences shall be permitted to a height of 3 feet maximum with 50 percent transparency constructed of wrought iron or a 3' high maximum rock wall or other natural building material, or masonry columns with wrought iron connectors. F. Additional Provisions: 1. Refer to Section 6.3.E.6 of this Ordinance for Sign Regulations. 2. Refer to additional requirements in Article 7, General Development Regulations. 3. Refer to Article 9, Nonconforming Uses and Structures for additional requirements related to uses and structures existing prior to the adoption of this ordinance. Page 11 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS EXHIBIT "C" USE REGULATIONS SECTION 5.1 LAND USE CHARTS Buildings, structures and land shall be used only in accordance with the uses permitted in the following Land Use Tables, subject to all other applicable requirements of this ordinance. FIGURE 5-1 INTERPRETATION OF LAND USE CHARTS S bol Meanin "P" The use is permitted as a principal use in that zoning district by right.Additional requirements for this use may be required and are listed in Section 5.2 Listed Uses,Additional Provisions. tip*If The use is permitted,however special provisions are required when located in this district. These provisions are listed in Section 5.2 Listed Uses,Additional Provisions. "St The use is permitted in that zoning district only after first obtaining a Special Use Permit(SUP)as set forth in 5.4 Special Use Permits. The use is permitted in that zoning district only after first obtaining a Temporary Use Permit(TUP)as set forth in Section 5.5 Temporary Uses. A blank square means that the use is not allowed in that zoning district as a •rinci.al use. Page 1 FIGURE 5-2 DISTRICT ABBREVIATIONS ABBREVIATED ZONING DISTRICT NAME DESIGNATION Low-Density Residential Districts AG/30 Agricultural District SF-1A/30 Single Family— 1 Acre Medium Density Residential Districts SF-20/26 Single Family -20 District SF-10/24 Single Family - 10 District High-Density Residential Districts TH Townhouse District MF Multifamily District MH Manufactured Home District Commercial Districts NS Neighborhood Services District CR Community Retail District CC Corridor Commercial District BG Business Government District Industrial District LI Light Industrial District HI Heavy Industrial District Special Purpose and Overlay Districts PD Planned Development District FP Floodplain District DTH Downtown Historic District SBO South Ballard Overlay District Page 2 FIGURE 5-3 LAND USE TABLES Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-IA/30 SF-20/26 SF-10/24 TH MF MH A.AGRICULTURAL&ANIMAL-RELATED NS CR CC BG L I H I DTH SBO S 1. Animal Boarding Kennel with Outside Pens S P S 2. Animal Boarding/Kennel without Outside S S P P P Pens P 3. Animal Production P* 4. Commercial Greenhouse or Nursery P* P* S P P P 5. Crop Production S 6. Stable(Commercial) P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 3 Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1A/30 SF-20/26 SF-10/24 TH MF MH B.RESIDENTIAL& LODGING NS CR CC BG L I H I DTH SBO p 1. Assisted Living Apartment S P S S S S P 2. Bed&Breakfast Inn S p* P P p 3. Boarding or Rooming House p* p* P P 4. Hotel or Motel S P P P P* P P P P P P P p 5. Manufactured Home p 6. Manufactured Home Park p 7. Multifamily Dwelling p* p* P p p 8. Single Family Dwelling,Attached P* p* P P P P P 9. Single Family Dwelling,Detached P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 4 Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Residential Commercial Industrial Mixed-Use Residential Residential AG/30 SF-1N 30 SF-20/26 SF-10/24 TH MF MH C.INSTITUTIONAL& NS CR CC BG L I H I DTH SBO COMMUNITY SERVICE S S S S S S 1. Cemetery or Mausoleum P P P P P p p P 2. Church/House of Worship P P PPP P P P 3. Civic Center p P PPP P P P S S S 4. College or University S S PPP P 5. Cultural Arts Facility P* p* P PP P P P S S S S S P S 6. Day Care Facility p* p* p* p* p* p* p P P P P p P P 7. Group Home P P PPP P P P 8. Hospital or Sanitarium PP 9. Library p p PPP P P P 10. Mortuary or Funeral Home S P P P* 11.Nursing,Convalescent Home or PP Hospice P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 5 Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1N 30 SF-20/26 SF-10/24 TH MF MH C.INSTITUTIONAL&COMMUNITY NS CR CC BG L I H I DTH SBO SERVICE, CONT. P P P P P p p 12.School(Public or Private)Elementary p* p* p* p p* p* p p P P P P P p p 13.School(Public or Private)Secondary p* p* p* p p* p* P P 14.School,Business P p p P p 15.School,Technical or Trade p p p p P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 6 Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-IA/30 SF-20/26 SF-10/24 TH MF MH D.OFFICE NS CR CC BG L I H I DTH SBO 1. Financial Institution (with S S P P drive-thru) 2. Financial Institution(without p p p P P P P drive-thru) 3. General Office p P P P P P P 4. Medical Clinic p* p p p* p* p p 5. Government Office P P P P P P P P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 7 Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-IA/30 SF-20/26 SF-10/24 TH MF MH E.RECREATIONAL, NS CR CC BG L I H I DTH SBO ENTERTAINMENT& AMUSEMENT 1. Commercial Amusement or S P S S Recreation(Inside) 2. Commercial Amusement or S S S Recreation(Outside) P P P P P P p 3. Community Park,Recreation p p p p p p p Center,or Golf Course (Public) P P P P P P p 4. Country Club or Golf Course S S P P P (Private) S S S S S S 5. Golf Driving Range S S S S P* p* 6. Health Club p* p P P P P P P P P P p 7. Neighborhood Park or p P P P P P P P Playground 8. Sexually-Oriented Business P* 9. Shooting Range,Indoor S P 10.Theater p P S P P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 8 Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1N 30 SF-20/26 SF-10/24 TH MF MH P.RETAIL,PERSONAL NS CR CC BG L I H I DTH SBO SERVICE&COMMERCIAL S 1. Animal Clinic or Hospital S P P 2. Automobile Rental S p* p p* p 3. Automobile Repair,Major S S P 4. Automobile Repair,Minor S P P P S 5. Body Art Studio p* p* 6. Car Wash S P P 7. Club or Lodge(Non-profit) p P P P P • 8. Contractor's Maintenance Yard S p 9. Dry Cleaning or Laundry,Drop- p P p P P p* Off or Self Service 10. Cleaners(Commercial) S P P 11. Equipment Rental S S S P P 12.Food Processing S p* p p 13.General Merchandise or Food P P P p* p P Store 5,000 s.f.or less Page 9 Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1N 30 SF-20/26 SF-10/24 TH MF MH F. RETAIL,PERSONAL SVC& NS CR CC BG L I H I DTH SBO COM.,CONT. 14.General Merchandise or Food S P P P P Store greater than 5,000 s.f. 15.Home Improvement Center, p P P Lumber,Brick,or Building Materials 16.Household Equipment&Appliance p P P P P Repair 17.Motor Vehicle Fueling Station S P P P P 18.Pawn Shop S P P P p 19.Personal Service Use p p P P P P 20.Restaurant with Drive-in or Drive- p* p* p* through Service 21.Restaurant without Drive-in or p* p* p* p* p* p* p Drive-through Service 22.Truck,Machinery&Heavy S P Equipment Sales,Service or Repair 23.Vehicle Display,Sales or Service p P 24.Beer&Wine Package Sales p* p* p* p* p* p* p P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 10 Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1A/30 SF-20/26 SF-10/24 TH MF MH G.UTILITY,TRANSPORTATION& NS CR CC BG L I H I DTH SBO PUBLIC SERVICE 1. Airport,Heliport or Landing Field S p P 2. Animal Shelter p p 3. Commercial Bus Station,Terminal S P P or Service Facility 4. Commercial Radio or TV S S P P Transmitting Station 5. Electric Substation or Gas S P Regulator Station 6. Helipad S S P P P P P P P P p 7. Local Utilities P P p p p p p p S S S S S P 8. Mounted Antenna p p p p p p p p P p p p p p 9. Police or Fire Station p p p p p p p p S S S S P 10.Post Office p p p p p p p p S 11.Radio,Television or Microwave S S S S Tower 12.Railroad Yard p P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 11 Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1A/30 SF-20/26 SF-10/24 TH MF MH G.UTILITY,TRANS.&PUBLIC NS CR CC BG L I H I DTH SBO SERVICE,CONT. 13.Sewage Treatment Plant S S S S S S S S 14.Telecommunications Tower S S S S P P 15.Telephone Exchange without S P S P P Shops or Offices P P P P p p p 16.Transit Passenger Shelter p p P P P P P P S p p 17.Utility or Government Installation S S S P P S S other than listed 18.Water Treatment Plant,Reservoir P P or Water Storage P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 12 Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Residential Commercial Industrial Mixed-Use Residential Residential AG/30 SF-IA/30 SF-20/26 SF-10/24 TH MF MH H.INDUSTRIAL& NS CR CC BG L I H I DTH SBO MANUFACTURING 1. Asphalt or Concrete Batch Plant S 2. Industrial(Inside) P P 3. Industrial(Outside) S S 4. Light Assembly&Fabrication P P P S 5. Mining S 6. Printing&Publishing p p P P* P 7. Salvage or Reclamation of S Products(Inside) 8. Salvage or Reclamation of S Products(Outside) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 13 Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1N 30 SF-20/26 SF-10/24 TH MF MH I WHOLESALE,DISTRIBUTION NS CR CC BG L I H I DTH SBO &STORAGE 1. Auto Auction S 2. Contractor's Maintenance Yard p* p p 3. Freight Terminal P 4. Landfill S 5. Livestock Auction Pens or Sheds S 6. Mini-warehouse(Self-storage) S p P 7. Office Showroom/Warehouse S p p p* p 8. Outside Storage p p 9. Recycling Collection Center S S S P 10. Warehouse/Distribution Center S P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 14 Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Residential Commercial Industrial Mixed-Use Residential Residential AG/30 SF-1A/30 SF-20/26 SF-10/24 TH MF MH J.ACCESSORY USES NS CR CC BG L I H I DTH SBO P S 1. Accessory Agricultural Buildings p P P P p p p 2. Accessory Community Center p p p p P (Private) p P p P P P p 3. Accessory Game Court P P S P P (Private) 4. Accessory Outside Display of p* p* p* P* P* P Merchandise 5. Accessory Outside Sales p* p* 6. Accessory Outside Storage S P* P* P P S S S P p 7. Amateur Communication p P P P P Tower S P p 8. Caretakers Quarters/Domestic P p p P P P P or Security Unit P P P P P p 9. Home Occupation P p 10.Private Stable p P P P p p p 11.Swimming Pool(Private) p p P P P S S P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 15 Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1N 30 SF-20/26 SF-10/24 TH MF MH K.TEMPORARY USES NS CR CC BG L I H I DTH SBO T 1. Christmas Tree Sales T T T T T T T P P P P P P P 2. Occasional Sale/Garage Sale T T T 3. Seasonal Sales Stand T T T T T T T T T T T 4. Temporary Concrete or Asphalt T T T T T Batch Plant 5. Temporary Construction Yard,or T T T T T T Construction or Sales Office p T T T T T T 6. Temporary Crop Production T T T T T T T T T T T T T T 7. Temporary Grazing T T T T T T T 8. Temporary Living Quarters 9. Traveling Show,Carnival or T T Circus P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 16 Cart bF WN LIF Zoning Ordinance Page 17 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13, 2009 Item Number: D (City secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: Date Prepared: October 2, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Resolution No. 2009-27(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of FM 1378 from Brown Street to Parker Road. Recommendation Motion to approve Resolution No. 2009-27(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of FM 1378 from Brown Street to Parker Road. Discussion The 2003 Collin County Bond Program included $3,000,000 for the construction of FM 1378 from Brown Street to Parker Road. The project consists of constructing a 6-lane divided concrete roadway, a distance of approximately 11,500 feet. The improvements also include construction of underground storm sewer facilities. In May, the City awarded a construction contract to Lacy Construction in the amount of$9,236,980. Collin County funded the design of the project and the remaining funds total $2,178,147.79. The Interlocal Agreement specifies that Collin County will release the total available funds to the City to use for construction. Approval of the Resolution authorizes the City Manager to execute the agreement. Approved By Initial Date Department Director WC�H 10/2/09 City Manager I i ► I b f—) ID 9 Page 1 of 1 RESOLUTION NO. 2009-27(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF FM 1378 FROM BROWN STREET TO PARKER ROAD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, the Interlocal Agreement between Collin County and the City of Wylie concerning the construction of FM 1378 from Brown Street to Parker Road. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this the 13th day of October, 2009. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2009-27(R) Interlocal Agreement with Collin County Construction of FM1378 from Brown Street to Parker Road 1 EXHIBIT "A" Interlocal Agreement Resolution No.2009-27(R) Interlocal Agreement with Collin County Construction of FM1378 from Brown Street to Parker Road 2 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF FM 1378 FROM BROWN STREET TO PARKER ROAD,BOND PROJECT#03-071 WHEREAS,the County of Collin,Texas("County")and the City of Wylie,Texas("City")desire to enter into an agreement concerning the construction of improvements to FM 1378 from Brown Street to Parker Road(the"Project")in Collin,Collin County,Texas;and WHEREAS,the Interlocal Cooperation Act(Texas Government Code Chapter 791)authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act;and WHEREAS,the City and County have determined that the improvements may be constructed most economically by implementing this agreement. NOW,THEREFORE,this agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to FM 1378,hereinafter called the"Project". The Project shall consist of constructing a 6-lane divided concrete roadway,a distance of approximately 11,500 feet. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements have been designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. Collin County prepared plans and specifications for the improvements. The City has accepted bids and awarded a contract to construct the improvements and will administer the construction contract. In all such activities,the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s)for the Project. ARTICLE III. The City has acquired all necessary right-of-way for the Project. ARTICLE IV. The City has awarded a construction contract to Lacy Construction in the amount of $9,236,980.12 for the Project. The County agrees to fund a portion of the improvements in an amount not to exceed$2,178,147.79. The County shall remit$2,178,147.79 to the City within thirty(30)days after the City issues a Notice to proceed to the lowest responsible bidder and the City requests payment or upon the availability of bond funds for this Project,whichever occurs later. Following completion of the Project,the City shall provide a final accounting of expenditures for the Project. If the actual cost to construct the Project is less than the estimated amount set forth herein,the City shall remit the County 50 percent of the difference between the estimated cost and the actual cost. The Commissioners Court may revise this payment schedule based on the progress of the Project. The"total cost of the Project" shall include land acquisition,engineering,construction,inspection,testing, street lighting,and construction administration costs including contingencies. 1 ARTICLE V. The County's participation in the Project shall not exceed$2,178,147.79. ARTICLE VI. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty(30)days until Project completion. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW,EACH PARTY AGREES TO RELEASE,DEFEND,INDEMNIFY,AND HOLD HARMLESS THE OTHER(AND ITS OFFICERS, AGENTS,AND EMPLOYEES)FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES(INCLUDING DEATH),PROPERTY DAMAGES(INCLUDING LOSS OF USE),AND ANY OTHER LOSSES,DEMANDS, SUITS,JUDGMENTS AND COSTS,INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES,IN ANY WAY ARISING OUT OF,RELATED TO,OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT,OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS(OR THOSE OF ITS RESPECTIVE OFFICERS,AGENTS, EMPLOYEES,OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE)IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation,validity,performance and enforcement of this agreement. The parties agree that this agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County,Texas. ARTICLE X. SEVERABILITY. The provisions of this agreement are severable. If any paragraph, section, subdivision,sentence,clause,or phrase of this agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto,their successors,heirs,personal representatives and assigns. Neither party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XIII. 2 IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement, neither party waives,nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this agreement,the parties do not create any obligations,express or implied,other that those set forth herein,and this agreement shall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This agreement shall automatically renew annually during this period. APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS By: By: Name: Name: Title: Title: County Judge Date: Date: Executed on this day of , 2009,by the County of Collin, pursuant to Commissioners' Court Order No. . ATTEST: CITY OF WYLIE,TEXAS By: By: Name: Carole Ehrlich Name: Mindy Manson Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Title: City Attorney Date: 3 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13, 2009 Item Number: E (City Secretary's Use Only) Department: Recreation Prepared By: Robert Diaz Account Code: Date Prepared: September 30, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a request from Harrison Intermediate School PTA to hold a Fall Festival with a community garage sale/arts and crafts fair at Olde City Park on Saturday,November 14, 2009. Recommendation Motion to approve the request of Harrison Intermediate School PTA to hold a Fall Festival with a community garage sale/arts and crafts sale at Olde City Park on Saturday,November 14, 2009. Discussion Staff was approached by Brian Swinney with the Harrison Intermediate School PTA requesting to use Olde City Park for a Fall Festival featuring a community garage sale/arts and crafts on November 14, 2009. The proceeds from this event would then go back to the Harrison Intermediate School PTA. Harrison PTA would be responsible for all user fees and permits needed for this event. The Parks and Recreation Board reviewed the Harrison PTA request at their September 28, 2009 meeting. A few of the Board members were concerned with clean up after this event. Staff notified the Board that the Harrison PTA would be responsible for clean up after the event. Staff also notified the Board that parks maintenance staff would also make their regular rounds at the park that day to assist the group with any clean up after the event. The Board unanimously approved the request for Harrison Intermediate School PTA to have a Fall Festival with a community garage sale/arts and crafts fair at Olde City Park on Saturday, November 14, 2009. Approved By Initial Date Department Director MS 9/30/09 City Manager ity I C l y1` i`, /.1 /(- Page 1 of 1 MINIFM CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP,ORGANIZATION,INDIVIDUAL,ETC. EVENT INFORMATION Name Harrison PTA Location Olde City Park Date(s) November 14,2009 Start Time Not yet confirmed. Looking at 8 or 9 AM End Time Not yet confirmed. Considering 3 PM Contact Person Name Brian Swinney Number of Individuals Vending Items Multiple Address 910 Heatherwood Drive,Wylie Target Audience Whole community Phone No. Cell-972-998-4644 Anticipated Number in Attendance at Event A few hundred? Alternate Phone No. Home-972-429-9791 Specific Items to be Sold We are having a community Emergency Contact Name (Brian is 1st contact)Kristi Swinney garage sale,so the scope of items on this is huge. We also plan on Address 910 Heatherwood Drive,Wylie having some arts and craft booths as well as some businesses Phone No. 972-841-8949 advertising their businesses(such as an insurance company). Alternate Phone No. Home-972-429-9791 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. 1p Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13, 2009 Item Number: F Department: Purchasing (City Secretary's Use Only) Prepared By: Jim Holcomb Account Code: 100-5511-56040 Date Prepared: October 5, 2009 Budgeted Amount: $125,000 Exhibits: Bid & Contract Subject Consider, and act upon, awarding of a bid and authorizing the City Manager to execute an Annual Mowing Contract with Signature Contracting Services for mowing and litter control within the City of Wylie. Recommendation Motion to award a bid and authorize the City Manager to execute an Annual Mowing Contract with Signature Contracting Services for mowing and litter control within the City of Wylie. Discussion Competitive sealed bids have been solicited in accordance with Chapter 252 of the Texas Local Government Code to provide for an annual contract for mowing and litter control. The following bids were submitted. The annual contract amount is calculated based upon the estimated acreage and frequency of mowing/litter control services performed. Signature Contracting- $107,359.58 VMC Landscaping- $117,372.21 McCrary Mowtime- $116,840.10 Wylie Mow- $119,913.30 Galbraith Construction- $150,326.41 Approved By Initial Date Department Director JHy 1 10/5/09 City Manager m 1 1 o/7/O Page 1 of 1 INVITATION FOR BIDS ANNUAL CONTRACT FOR MOWING SERVICES AND LITTER CONTROL CLOSING DATE AND TIME: September 30,2009 at 2:00 p.m. The City of Wylie, Texas, invites sealed proposals from all qualified vendors desiring to bid on an annual contract for Mowing Services and Litter Control complying with the specifications listed herein. A mandatory pre-bid conference and tour will be held at 9:00 a.m. on Wednesday September 23, 2009 at Community Park, 800C Thomas Street Wylie,Texas. Address bids to Jim Holcomb, Purchasing Agent, City of Wylie, 2000 North Highway 78, Wylie, Texas 75098. Mark envelope in lower left corner "Bid For Annual Mowing and Litter Control Contract" so that the bids will not be opened until the appointed hour. Bids may also be hand delivered before bid closing on Wednesday, September 30, 2009 at 2:00 p.m.to the City of Wylie Purchasing Office at the above address. GENERAL CLAUSES AND CONDITIONS 1. If you have questions regarding the preparation of your bid,you may contact Jim Holcomb, Purchasing Agent at(972)442- 8142 or Bill Nelson, Parks and Recreation Division Superintendent at(972)442-8195. 2. Sealed bids consisting of one (1) original and three (3) copies must be received prior to closing date and time to be considered. 3. Bidders desiring a copy of the bid tabulation sheet may request same by enclosing a self-addressed stamped envelope with bid. BID RESULTS WILL NOT BE GIVEN BY TELEPHONE. 4. The prices quoted in this proposal shall be F.O.B. Wylie and cover costs for packaging, delivery and handling to the City of Wylie. 5. Prices shall be filled in and extended on the bid sheet. In case of discrepancy between the unit price and the extension, the unit price will be taken. 6. This contract may be terminated at any time within thirty(30)days written notice by either the City of Wylie or the successful bidder. 7. The City of Wylie reserves the right to reject any and all bids,waive formalities and to make award of bid as may be deemed to the best advantage of the City. No bid may be withdrawn within forty-five(45)days after date of closing. 8. Bidder shall complete all information requested and fill in the blanks provided beside or under each item. Failure to completely describe the merchandise or services being bid may result in rejection of your bid. 9. Bidders shall complete the non-collusion statement included in the bid. 10. The City is exempt from all sales and excise taxes. 11. Prices quoted shall prevail for the entire term of the contract;one(1)year starting after bid is awarded by City Council to the successful proposer.A renewal option is included as a part of this bid for an additional two(2)one-year periods, renewable on the anniversary of the original date,provided proposer can maintain bid prices and both parties are in mutual agreement.This renewal option is contingent upon the City's complete satisfaction with the contractor's performance. 12. Successful bidder agrees to extend prices to all entities who have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of Wylie. 13. Federal Tax ID Number 20-5605281 1 • CONTRACTOR OPERATIONS 1. The Contractor(successful bidder)will work under the direction of the Parks and Recreation Division Superintendent or his Representative(hereafter referred to as "City Representative")who will determine the locations of the mowing/litter control ,the acceptance or rejection of any of the mowing/litter control ,and the amount of the equipment necessary to carry on the work. 2. Contractor will operate as an independent contractor and not as an agent, representative, partner or employee of the City of Wylie, and shall control his operations at the work site, and be solely responsible for the acts or omissions of his employees. 3. Mowing/litter control schedules will be coordinated with the Parks and Recreation Division Superintendent. Contractor shall call (972)442-8195 office or(972)989-7290 cellphone, fax (972)442-1744 or e-mail bill.nelson@wylietexas.gov each Friday by 4:00 p.m.,to report areas that were mowed/had litter picked up that week and to review the upcoming weekly schedule. No payment shall be authorized for areas not reported mowed/had litter picked up on a weekly basis. The mowing frequencies designated are estimates for such in an annual period. These estimates are for acquainting the bidder with the probable volume of work,but do not establish a minimum or maximum of work to be expected during the bid period. No medians, rights-of-way and/or special areas shall be mowed more than one(1)time in a fourteen(14)day period unless authorized by the City. 4. The Contractor and employees will be courteous to the public at all times while at the work site. 5. The Contractor must provide a valid telephone, beeper number or e-mail address at all times to the Parks and Recreation Division Superintendent. The telephone, pager or e-mail address must be answered during normal working hours at least to take a message. 6. All wages,taxes and workman's compensation of all contract employees shall be paid by the Contractor. 7. The Contractor will be required to keep sufficient equipment and labor on hand to perform the maintenance requirements outlined in this proposal. 8. The Contractor will be responsible for any damage done to plant material or other property during maintenance operations. He will be responsible for replacement of all trees, shrubs, groundcovers and other property destroyed by him or his employees during maintenance work. Trees and shrubs must not be bumped or marked by mowing, line trimming,etc. Note: Each tree bumped or marked by mowing and/or trimming with mechanical devices shall cost the Contractor $20.00 per occurrence. Each $20.00 penalty shall be deducted from appropriate monthly billing. Tree wells must be protected from any damage by tractors,mowers, line trimmers, etc. Each tree well damaged shall be repaired or replaced by the Contractor at the Contractor's expense or shall be deducted from the Contractor's payment at$10.00 per tree well. The City of Wylie will not be liable for and hold any loss or damage sustained by the Contractor. The Contractor shall save the City of Wylie whole and harmless from any and all claims for damage of whatsoever nature and kind, suffered or asserted to have been suffered by the person or property of any person whomsoever, growing out of or resulting from or in any way connected with the job. Contractor will exercise every necessary precaution for the safety of the property and the protection of any and all persons and/or property located adjacent to or making passage through said property. All claims and repairs are to be made by the Contractor in a timely manner(within two business days). SCOPE OF CONTRACT The intent of this Contract is to secure by private contract,the Annual Mowing/Litter Control of City Medians, Rights of Way and Special Areas within the corporate boundaries of Wylie,Texas. 2 INSTRUCTIONS TO BIDDERS AND SPECIAL PROVISIONS 1. All BIDDERS must submit, with their bid proposal,a Certified Check in the amount of 5%of the total bid or a Bid Bond on the form provided herein. 2. Bids received by the City will be compared on the basis of the"Total Base Bid"for the specified listing of mowing/litter control areas specified. The unit price requested will be used only for adjusting the total contract price should specific mowing/litter control areas require more,or less,frequency of service. 3. ALL BIDDERS must submit,with bid,proof of coverage for General Liability and Workers'Compensation insurance. Proof shall be by submission of copies of current policies or current Certificates of Insurance, including the effective dates of coverage. If Bidder does not currently have insurance coverage meeting the City's requirements,the Bidders Insurance Requirement Affadavit form provided by the City must be submitted with the proposal. The fact that a bidder has previously submitted a Certificate of Insurance with another department,or for another contract through this department, is not acceptable as proof of having coverage,and will not satisfy this requirement.The Certificate of Insurance submitted at bid opening(with the bid proposal)does not have to meet the additional requirements referenced in paragraph 8 below. The requirements of paragraph 8 apply only if the bidder becomes the apparent low bidder. 4. ALL BIDDERS shall provide,with their bid,the following items: • List of five(5) Work References, including phone numbers,addresses,contact person and dollar amount of contract(s) • Bidder's List of Proposed Subcontractors • Bidder's List of Proposed Equipment 5. Failure to provide the above-required documents described in paragraphs 1-4 may be deemed a failure to perform and Bidder's cashier's check or bid bond will be subject to forfeiture. 6. The Contract form is included for Bidders information so that Bidders may be familiar with the contents and requirements. Bidder shall not fill in or execute the form at time of bid submittal. 7. The successful Bidder/Contractor will be required to obtain written certification from subcontractors working on this project that they are providing Workers' Compensation insurance and copies of this certification must then be provided to the Contractor and to the City prior to award of contract. 8. The apparent low bidder will be required to submit original Certificates of Insurance,insurance coverage meeting all requirements stated in the Instructions to Bidders and Special Provisions within five business days of notification that bidder has submitted the apparent low bid.Failure or inability to provide the required insurance may be deemed a failure to perform and Bidder's cashiers' check or bid bond will be subject to forfeiture. BIDS WHICH FAIL TO CONTAIN ANY OF THE ITEMS REQUIRED IN NUMBERS 1 THROUGH 8 ABOVE SHALL BE DEEMED TO BE INCOMPLETE AND SHALL NOT BE CONSIDERED. 9. Payment will be made to the successful bidder as follows:30 days net.No payment,on any basis, will be made for unsatisfactory mowing/litter control and/or equipment. The determination of the Parks and Recreation Division Superintendent and/or a"City Representative"shall be final on all work. All touch up work shall be completed within one business day of notice.No pay item shall be authorized for incomplete work not completed after one business-day notice and equal to the unit price of the total site acreage. Individual site acreage discrepancies shall be brought to the attention of the Parks and Recreation Division Superintendent in writing prior to submittal of the current monthly billing.Adjustments to any site acreage must be approved by the Parks and Recreation Division Superintendent. Adjustments to site acreage shall not apply to sites previously mowed and payments made. 10. Thirty(30)days advance written notice will be given by either party for termination of contract.The Parks and Recreation Division can cancel the Agreement(with seven days' written notice)if the Division determines that the Contractor is not fulfilling their responsibilities. 3 1 ECHIN 1CAL JYLL1r ILA 11V111D THE MOWING OF CITY MEDIANS,RIGHTS OF WAY AND SPECIAL AREAS The mowing of specified areas shall include mowing,appropriate trim work,edging of all curb lines,removal of edging debris(use of backpack blower if necessary)and removal or eradication of weeds/grass in expansion joints and concrete/pavestone nose cones. All medians shall be edged at least twice per month,or when deemed necessary by the Parks and Recreation Division Superintendent and/or a "City Representative",during the growing season utilizing Stick Edgers or a tractor-drawn Curb Edger(string-line trimmers are not acceptable for performing this work). A maximum cutting height of 1.5-2 inches is required(height will be determined by either the Parks and Recreation Division Superintendent and/or a"City Representative"). Clippings will not be collected and removed from the site after each frequency mowing.Excessive clippings resulting from growth rates exceeding the contracted frequency will be removed by the contracting company and properly disposed.Clippings shall not be blown or allowed to fall into street or roadway when mowing medians. Excessive grass clippings in the street must be removed immediately for the site to be approved as complete. Trimming around trees,tree wells,shrubs,street signs,utility poles,etc.will be performed using mechanical devices or hand labor when necessary. Applications of a Glyphosate herbicide can be substituted in lieu of stringline trimming around trees,tree wells,shrubs, street signs,utility poles,etc. If Glyphosate herbicide is utilized,the Contractor shall make at least four(4)applications per growing season. In situations where the turf areas are below the curb lines,the Contractor shall be responsible for stringline trimming or applying herbicide to give the area a"finished"look. Curb line expansion joints,nose cones or any other impervious surfaces that produce vegetative growth,shall be removed or eradicated by the Contractor. This shall be accomplished through the use of an appropriate herbicide such as a Glyphosate and/or Krovar or an Approved Equal. There shall be four applications of this product per year,performed during the months of March,May,July and September. Note:Spot treatments or touch-up spray applications may be necessary. Any herbicide application must be performed by a State of Texas certified applicator on the contractor's payroll. In cases where an area to be mowed is narrow in width such as left turn lanes,it may be necessary to utilize push mowers to perform the work. (Example: F.M 544,Anson Parkway,etc.) *NOTE:The Contractor shall park vehicles and equipment off city streets where possible. Under no circumstances shall any vehicle or equipment be parked on the inside lane of any street. Any vehicle or equipment parked in the far right lane of any street,safety flashers and proper coning/barricading procedures are to be utilized. The area behind the parked unit must be coned/barricaided off with such device spaced 10 feet apart and a minimum of 50 feet behind the unit. Utilize public rights-of-way for parking when available. ALL LITTER SHALL BE REMOVED BY THE CONTRACTOR PRIOR TO MOWING if shredding of the debris would be detrimental to the appearance of the area. No separate pay item is allowed for litter control when in conjunction with mowing. Shredded litter must be removed the day of the complaint or a$25.00 deduct will be automatic for each area identified per site. During the winter months(approximately December through March),it shall be the Contractor's responsibility to perform litter control on the City Medians,Rights of Way and Special Areas as directed by the Parks and Recreation Division Superintendent or his designated Representative. It is estimated that this service will need to be provided every 3 weeks,as needed,during this time frame. The Contractor shall handle all complaints(from the Parks and Recreation Division Superintendent, "City Representative"or citizens) immediately if possible or within one business-day. City maps shall be provided to assist the Contractor with only approximate site locations of areas to be mowed. Due to scale of maps, exact locations cannot be identified. Field observations will determine exact locations of and boundaries of areas required to be mowed. Any questions should be directed to either the Parks and Recreation Division Superintendent and/or a"City Representative". The Contractor shall provide the City with monthly site check-off sheets for mowing frequency records to be turned in with monthly billings. The Contractor's employees shall wear fluorescent vests while mowing. The Contractor will utilize the far-right lanes while going from median to median. Under no circumstances will the Contractor's equipment travel in far-left lane going from median to median or r.o.w to r.o.w. 4 BID BOND Bond No.: (by Surety) STATE OF TEXAS )( )( KNOW ALL MEN BY THESE PRESENTS: COUNTY OF )( THAT , of the City of County, State of Texas (as "Principal"), and authorized under the laws of the State of Texas to act as Surety on bonds for principals ("Surety") are held and firmly bound unto the City of Wylie(the"City") in the penal sum of$ (an amount equal to 5%of the approximate total amount of the bid or if the bid is based upon alternates, at least 5% of the greatest amount bid by the bidder or Principal herein as evidenced in the Bid Proposal) for the payment whereof, the said Principal and Surety bind themselves,and their heirs,administrators, executors, successors and assigns,jointly and severally, by these presents; WHEREAS the Principal has submitted on or about this date, a bid proposal offering to perform the following: in accordance with the specifications and terms and conditions related thereto,to which reference is hereby made; NOW, THEREFORE, the condition of this obligation is such that if the said Principal's offer as stated in the bid proposal is accepted by the City, and the said Principal executes and returns to the City the number of original counterparts of the contract required by the City, on the forms provided by the City, for the materials, equipment and/or services described herein and also executes and returns the same number of Performance, Payment and Maintenance Bonds, if required, on the forms provided by the City, within the time provided in the specifications,then this obligation is null and void,otherwise, it is to remain in full force and effect; PROVIDED, HOWEVER, if no Performance, Payment and/or Maintenance Bonds are required, then this obligation shall continue until the Principal delivers all materials, equipment and/or services in accordance with the bid proposal and specifications. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument on this day of PRINCIPAL: SURETY: (Typed or Printed Name) (Typed or Printed Name) Title: Title: Company: Company: Address: Address: 5 SURETY'S REGISTERED AGENT FOR SERVICE(REQUIRED): Type or Printed Name Street Address(P.O. Box is not acceptable) City, State,and Zip Code Telephone No. APPROVED AS TO FORM: CITY OF WYLIE City Attorney ATTEST: City Secretary 6 INSURANCE A. AMOUNTS OF INSURANCE Contractor agrees to provide and to maintain the following types and amounts of insurance, for the term of this Contract. at. 1.Worker's Compensation Statutory Limits Employer's Liability--per occurrence $100,000 2.Commercial/Public Liability.(including but not limited to) Premises/Operations Independent Contractors Personal Injury Products/Completed Operations Contractual Liability(insuring above indemnity provisions) General Aggregate $2,000,000 Property Damage/Bodily injury per occurrence S ,000,000 3.Business(Commercial)Automobile Policy: General Aggregate $2.000,000 Property Damage—per occurrence $1,000,000 Bodily Injury—per occurrence $1,000,000 The preceding amounts notwithstanding,the City reserves the right to increase the minimum required insurance to be effective thirty (30) days after notice is sent to the address provided herein. The Contractor may pass through to the City all costs for obtaining the increase in the insurance coverage. B. OTHER INSURANCE REQUIREMENTS The Contractor understands that it is its sole responsibility to provide the required Certificate and that failure to comply within 10 days after notice of award and according to the requirements of this article shall be a cause for termination of this Contract. For any pesticide spraying performed, the City of Wylie will require the successful bidder to carry Pollution Liability Insurance and Environmental Impairment Liability Insurance. Insurance required herein shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in the State of Texas. All policies shall be subject to examination and approval by the City Attorney's office for their adequacy as to form,content,form of protection,and providing company. Insurance required by this Contract for the City as additional insured shall be primary insurance and not contributing with any other insurance available to City,under any third party liability policy. The Contractor further agrees that with respect to the above required insurances,the City shall: 1. Be named as additional insured/or an insured,on all required insurance except workers' compensation. 2. Be provided with a waiver of subrogation,in favor of the City on all required insurance. 3. Be provided with an unconditional 30 days advance written notice of cancellation or material change. 4. Prior to execution of this Agreement,be provided through the office of the City Secretary with either their original Certificate of Insurance or their insurance policy evidencing the above requirements. 5. Thereafter be proviced with new certificates or policies prior to the expiration date of any prior certificate. C. ADDITIONAL WORKER'S COMPENSATION INSURANCE REQUIREMENTS 1. Definitions: Certificate of coverage("certificate")A copy of a certificate of insurance,a certificate of authority to self insure issued by the commission,or a coverage agreement(TWCG81,TWCC-82,TWCC-83,TWCC-84), showing statutory Worker's Compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. 7 Duration of the project-includes the time from the beginning of the work on the project until the contractors'!person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project(subcontractor" in 406.096)- includes all persons or entitles performing all or part of the services the contractor has undertaken to perform on the project,regardless of whetherthat person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation,independent contractors, subcontractors, leasing companies, motor carriers,owner-operators,employees of any such entity or employees of any entity that furnishes persons to provide services on the project. "Services"include,without limitation, providing,hauling,or other>rrvice related to a project. "Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries and delivery of portable toilets. 2. The Contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements. Which meets the statutory requirements of Texas Labor Code, Section 401.011 (44)for all employees of the contractor providing services on the project,for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entry prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during theduration of the project,the contractor must,prior to the end of the coverage period, file a new certificate of caerage with the governmental entity showing that coverage has been extended. 5. The contract shall obtain from each person providing services on a project,and provide to thegovernmental entity: (a)a certificate of coverage, prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage for all persons providing services on the project;and (b)no later than seven days after receipt by the contractor,a new certificate of coverage showing exteision of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 8 CI7t 3G/LCJC17 11.t73 DI Lol"J1L.5 DUJ 11YD ICI.. rHl7G CJL V V L U U J L U I V.,V N' U U L CITY OF WYLIE BXAAERS ENSURANCIT REOUMEMIENTS AFFIDAVIT TO BE COMPLETED BY APPROPRIATE INSURANCE AGENT/BRON= I, the undersigned agent/broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below-identified bidder.If the below identified bidder is notified of being apparent low bidder by the City, I will be able to, within five (5) business days after being notified of such, fbmish a valid insurance certificate to the City using the form provided by the City containing coverage as follows: Worker's Compensation for the statutory amounts,Commercial General Liability with coverage of$1,000,000 per occurrence and$2,000,000 minuet aggregate for bodily injury, death and property damage written on an occurrence basis, and e•1 = = sive Automobile Liability eoveriz iced,non-owned and hired veh)s with a combined single limit coverage o 1,1 1,000 for bodily injury,death or property damage written on an occurrence basis. k1� X a,Nb r elfrk3 , r a Fo ors 0 rati cs • AGENT SIGNATURE PLEASE_rRINT OIZTYPE THE FOLLOW1 W INFORMATION: NAME OFAGENTBR.OKER Business Insurance Technologies ADDRESS OF AGENTBROKER: 1807 B. W. Park Row CITY/9TATB/ZIP: Arlington, Texas 76004 AGENT/BROKER TELEPHONE NO.: 817-7 ti 1-55 7 J DATE; 9/30/2009 B,UDDER'SNAME: Signature Contractine Services, LI,C NOTE TO A,GENT/IR2OKE If the time requirement stated above is not met,the City has the right to reject this bid/proposal and award the contract to another bidder. 9 NON-COLLUSION STATEMENT The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. NAME OF COMPANY: Signature Contracting Services, LLC ADDRESS: 1510 Jelmak Grand Prairie, TX 75050 PHONE: 214-596-1434 FAX: 214-596-1634 -._ P f~ ) 4/'J. 3s BIDDER'S SIGNATURE: aA�f1� f✓ �"4 �-��- BIDDER'S PRINT NAME: "'aeon Bell I 1 POSITION WITH COMPANY: . Proj ect Manager SIGNATURE OF COMPANY OFFICIAL AUTHORIZING THIS BID: i y` COMPANY OFFICIAL'S PRINTED NAME: Corey Tompkins OFFICIAL POSITION: Owner 10 PROPOSAL Pursuant to the Advertisement for Bids, General Provisions and Requirements and the Plans and specifications (herinafter collectively referred to as the"Specifications"),the undersigned Bidder hereby proposes to do all work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and to complete all the work upon which he bids, as provided by the Specifications and binds himself, on acceptance of the proposal to execute a contract and provide required insurance certificates, according to the City of Wylie standard forms, for performing and completing said work within the required time and furnish all guarantees for the price stated in the Schedule of Bid Items for the following project: ANNUAL MOWING/LITTER CONTROL CITY MEDIANS,RIGHTS OF WAY&SPECIAL AREAS It is understood that the quantities of work shown in the schedule of bid items and work to be performed are approximate only and are subject to increase or decrease and the undersigned bidder offers to do the work at the unit price as stated in the schedule of bid items.The undersigned further agrees that the unit prices quoted include all items of work required as necessary for the accomplishment of the projected work and these items include all work indicated on the Plans and Specifications for which no specific pay items have been established. ANNUAL MOWING/LITTER CONTROL ESTIMATED FREQUENCY IS 19 TIMES PER YEAR Fall 2009(Oct.-early Dec.)&Spring 2010(March-end ofSept)City Medians.Rights of Way&Special Areas LOCATION APPROX.ACREAGE 1.Akin Lane Berm(r.o.w.) .7 ac. 2.Alanis Lane(median/r.o.w) 15.7 ac. 3.Anson Parkway(r.o.w.) .6 ac. 4.Avalon Phase l (special area) 4.8 ac. 5.Avalon Phase 2(special area) .4 ac. 6.Ballard Ave.(median/r.o.w) 5.0 ac. 7.Ballard/Martin(special area) .5 ac. 8.Birmingham Farms 14B(special area) 2.9 ac. 9.Bozman Farms(special area) 16.0 ac. 10.Centennial Drive(r.o.w) 3,3 ac. 11.City Hall(special area) 2.5 ac. 12.Cooper Lot(special area) 1.0 ac. 13.Cottonbelt/Brown(special area) .3 ac. 14.Creekhollow Estates(special area) .8 ac. 15.Dodd Park(special area) 5.3 ac. 16.F.M.544(median/r.o.w) 2.0 ac. 17.F.M. 1378 at Brown St.(r.o.w.) 10.0 ac. 18.Founders Park Entrance(median/r.o.w.) 3.0 ac. 19.Glenn Knoll(special area) 3.0 ac. 20.Harvest Bend(median/r.ow) .1 ac. 21.Highway 78(median/row.) 34.0 ac. 22.Kirby Street(median/r.ow.) 2.0 ac. 23.Kreymer Lane(median/r.ow) I.7 ac. 24.Meadows of Birmingham Phase 2(special area) 4.1 ac. 25.Pheasant Creek Park(special area) 4.4 ac. 26.Rustic Oaks Drainage(special area) 5.8 ac. 27.Sanden Blvd.(r.o.w.) .8 ac. 28.Springcreek Pkwy.(median/row.) 3.5 ac. 29.Stone Circle(special area) .3 ac. 30.Stone Street(median/r.o.w.) 2.5 ac. 31.Trinity Trail Parking Lot(special area) 2.5 ac. 32.Twin Lakes Park Phase 1 (special area) 4.0 ac. 33.W.A.Allen(median) .3 ac. II 34. W.A.Allen/Stone(special area) .7 ac. 35.Westgate Hollow(median;r.o.w) .2 ac. 36. Woodbridge Easement(special area) .8 ac. 37. Wylie East(median.r.o.w) .9 ac. 38.Wylie Mobile Home Park(r.o.w.) .5 ac. TOTAL: 146.9 ac. ANNUAL LITTER CONTROL ONLY ESTIMATED FREQUENCY IS 4 TIMES PER YEAR (approx.December 2009-February 2010.City Medians,Rights of Way&Special Areas) ANNUAL LITTER CONTROL ONLY ESTIMATED FREQUENCY IS 17 TIMES PER YEAR LOCATION APPROX.ACREAGE 1. Ballard Ave. (r.o.w.) 3.5 ac. 2. Beaver Creek Rd. (r.o.w.) 1.1 ac. 3. Brown St. (r.o.w.) 3.0 ac. 4.C.R.431 (r.o.w.) 1.5 ac. TOTAL: 9.1 ac. RA 1377171's# . . >„ TOTAL BASE BID FOR MOWING/LITTER CONTROL,COMPLETE AND IN PLACE,FOR THE SUM OF: ONe Hundred Two Thousand Fourteen Dollars $102,014.71 (WRITTEN LUMP SUM) LUMP SUM Seventy-One Cents (figures) (WRITTEN LUMP SUM) TOTAL BASE SID FOR LITTER CONTROL ONLY,COMPLETE AND IN PLACE,FOR THE SUM OF; Five Thousand Three Hundred Forty-Fourpomus ati5,344 .89 (WRITTEN LUMP LUMP SUM (figures) Eighty—Nine Cents (WRITTEN LUMP SUM) NOTE: Show amount in both written form and figures. In case of discrepancy between the written amount and figure amount, the written amount shall govern. In case of discrepancy between the unit price and the total base bid (LUMP SUM), the unit price shall govern. The dollar amount for unit pricing will be rounded to the nearest penny. TERMS Payment(s)will be made to the Contractor(successful bidder)as follows: upon receipt of approved monthly invoices,the City will submit a purchase order to the Finance Department, for payment to be made to the Contractor. A typical payment cycle is not more than 30 days from the date of receipt of the invoices. Minimum Equipment Required to Perform this Contract: 4 ea. Mowers with 42"mowing decks(Riding mower with Zero-Turning Radius recommended) 2 ea. Push Mower, Stringline Trimmers, Stick Edgers and Backpack Blowers Note: The Contractor's equipment shall be in good repair and a qualified operator shall be responsible for the care and handling of equipment. Sufficient equipment is required to carry out the requirements of the contract. The contractor must be capable of performing mowing, line trimming, blowing cleanup and litter control at a minimum of 14.7 acres of medians,r.o.w.s or special areas in a single eight(8)hour workday,Monday through Friday. All Mower Operators shall carry trash bags for Litter Control as required. Mulching Mowers are preferred. LIST OF EQUIPMENT AVAILABLE TO BE UTILIZED ON SUBJECT CONTRACT; YEAR MODEL MAKE See Attached List FIVE (5)WORK REFERENCES: (INCLUDE: NAMES,ADDRESSES,PHONE#.,DATES,WORK DESCRIPTION&CONTRACT AMOUNT) See Attached List 2. 3. 4. 5. The undersigned Bidder hereby declares that he visited the site of work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within ten (10) days after date of written notice to do so and to substantially complete the work on which he has bid within ten (10) consecutive working days (Monday through Friday) for a single mowing cycle/litter control of all medians, r.o.w.s and special areas. Enclosed with this proposal is a Certified Check(5%of Bid)for (.$ )Dollars or a Proposal Bond in the sum of Five Thousand One Hundred and 74/1 0(C$ 5, 1 00.74 )Dollars which it is agreed shall be collected and retained by the City as liquidated damages in the event this proposal is accepted by the City within sixty(60) days after the bids are received and the undersigned fails to execute the contract and supply the required insurance (Workers Compensation and Liability) for the City within ten (10) days after the date said proposal is accepted,otherwise said check or bond shall be returned to the undersigned upon request. Contractor acknowledges receipt of the following addenda: (List) I understand the above conditions fully. SEAL (If Bidder is a Corporation) ' Signature Cortinq Services,LLC Firm Name /jlf .l SignatOie : Jason Bell — Project Manager Name and Title(Print or Type) 1510 Jelmak Address Grand Prairie, TX 75050 City and Zip Code 214-596-1434 Telephone(Include Area Code) Equipment List Year I QTY DESCRIPTION 2009 2 *72" Kubota ZTR Mower with Mulching/Side Discharge Combo Deck 2009 2 *60" Kubota ZTR Mower with Mulching/Side Discharge Combo Deck 2007 7 *72" Kubota ZTR Mower with Mulching/Side Discharge Combo Deck 2007 6 *60"Kubota ZTR Mower with Mulching/Side Discharge Combo Deck 2004 3 Lesco 36"Walk Behind Mower 2004 2 Lesco 42"Walk Behind Mower 2005 4 42"Scag Tiger Cub ZTR Mower 2007 2 *Kubota 70hp Tractor with Turf Tires 2008 3 *100Hp Kubota Tractor 4WD 2 Toro 580-D Wide Area Mower 2008 4 *85HP Kubota Tactor 4WD 2007 2 LandPride 15'Finish Cut Bat Wing 2008 2 *Kubota RT900 Utility Vehicle with Curb Edger Attachment 2008 3 20'Bat wing Brush Hog 2007 4 15'Bat Wing Brush Hog 2009 1 *Toro 4100 D Wide Area Mower 2008 2 *Toro 4100 D Wide Area Mower 2006 1 42"Scag Z Cat 2007 3 42"Scag Tiger Cub 2007 4 36"Scag ZTR Mower 2005-2008 55 Echo String Trimmer 2005-2008 50 Echo Steel Edge Trimmer 2005-2008 42 Echo Backpack Blower 2007 5 Ford F-550-Complete with Generator,Air Hose, Welder to complete in-field service, maintenance and repairs of all equipment. 2001-2007 25 Truck Fleet-All Trucks are complete with fuel tanks to fill equipment in the field. 2004 1 Harper Industries 30degree Slope and Ditch Mower *All Equipment With an Asterik Meets TIER II Emissions Standards 1510 Jelmak Street • Grand Prairie, Texas 75050 • (214) 596-1434 • Fax (214) 596-1634 PROJECT REFERENCES (Note: All these projects started in either 2008 or 2009 Mowing Season) City of Midlothian Attn: Jim Berman 104 W.Avenue E Midlothian,TX 76065 Phone: 214-694-5444 Contract Mowing of Parks, Landscape Upgrades, Irrigation Installation, Retaining Wall Original Contract Amount: $50,063.60 Annually—5 Year Contract City of Duncanville Attn: Frank Allen 203 E.Wheatland Rd. Duncanville,TX 75116-4824 Phone: 972-467-4264 Contract Mowing of streets, medians, Right of Ways, Parks Total Per Cycle: 234.35 Acres Original Contract: $205,910.00 Annually—4 Year Contract City of DeSoto Attn: Renee Johnson-Williams 211 E. Pleasant Run Rd. DeSoto,TX 75115 Phone: 214-458-5993 Contract Mowing of streets,medians, Right of Ways, Parks Total Per Mowing Cycle: 2,099.16 Acres Original Contract Amount: $324,911.39 Annually—5 Year Contract Total Medians per Cycle: 9.25 Miles(Additional) Original Contract Amount for Medians: $72,150.00 Annually—5 Year Contract DFW Airport Attn: James"Jud" Piner P.O.Box 619428 DFW Airport,TX 75261-9428 Phone: 972-948-7223 Contract Mowing of medians&Right of Ways Total Per Cycle: 66.35 Acres Original Contract Amount: $40,204.98 Annually—2 Year Contract City of Southlake Attn: Julie Dove 1400 Main St.,Ste.440 Southlake,TX 76092 Phone: 817-748-8026 Contract Mowing of streets,parks, and public areas Total Per Cycle: 62.05 Acres Original Contract Amount: $22,500.00 Annually—5 Year Contract 1510 Jelmak Street • Grand Prairie, Texas 75050 • (214) 596-1434 • Fax (214) 596-1634 • 4 City of Carrollton Attn: Jody Byerly or Bobby Brady P.O. Box 110535 Carrollton,TX 75011-0535 Phone: 972-466-4214(Jody) Phone: 972-466-9818(Bobby) Contract Mowing of Water Utility Sites and Additional Sites Total Per Cycle: Approx.45 Acres Original Contract Amount: $82,170.92 Annually—4 Year Contract City of Keller Attn: Jim Rossetto P.O. Box 770 Keller,TX 76244 Phone: 817-743-4206 Contract Mowing of medians,right-of-ways and Channels Total Per Cycle: 69.85 Acres Original Contract Amount: $77,184.25 Annually—3 Year Contract City of N.Richland Hills Attn: Terry Wreay 7200 A. Dick Fisher Drive South North Richland Hills,TX 76180 Phone: 817-427-6460 Contract Mowing of medians, right-of-ways and Channels Total Per Cycle: 94.54 Acres Original Contract Amount: $124,544.75 Annually—5 Year Contract City of Tyler Attn: Linda Watson,Airport Attn: John Webb, Parks 2000 W.Front Street Tyler,TX 75702 Phone: 903-531-9825(Linda) Phone: 903-531-1370(John) Contract Mowing of airport and parks Total Per Cycle: 131.64 Acres Original Contract Amount: $95,594.28 Annually—1 Year Contract TxDOT Attn: Rickey Newman,Contract Manager Attn: Rebecca Berry,Contract Administrator 2709 W. Front Street Tyler,TX 75702 Phone: 903-510-9100 Smith County Litter Removal Total Area: 133.30 Acres Original Contract Amount: $95,594.28 Annually—1 Year Contract 1510 Jelmak Street • Grand Prairie, Texas 75050 • (214) 596-1434 • Fax (214) 596-1634 CONTRACT FOR PURCHASE OF GOODS AND/OR SERVICES THIS CONTRACT is made and entered into this the 13th day of October,2009 by and between the City of Wylie,Texas.a Municipal corporation located in Collin County,Texas,(hereinafter called CITY),acting through its duly authorized representative and Signature Contracting Services of the City of Grand Prairie,State of Texas,hereinafter called COMPANY),acting by and through its duly authorized agent. WITNESSETH:That for and in consideration of the mutual covenants hereinafter set forth,the CITY and COMPANY agree as follows: DESCRIPTION OF GOODS AND/OR SERVICE The CITY agrees to purchase and the COMPANY agrees to provide all of the goods and/or services as specified in the contract documents, such goods and/or services generally described as follows: MOWING & LITTER CONTROL OF CITY MEDIANS, RIGHTS OF WAY & SPECIAL AREAS for the bid sum of$36.55 per acre of mowing/litter control services provided and$5.95(bid item 2)or$11.95(bid item 3)per acre for litter control only,paid in current funds at the unit or total prices, at COMPANY'S own proper cost and expense, including all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, bonds and other accessories and services necessary to complete delivery of same, in accordance with the contract documents,hereinafter defined,and subject to such additions and deductions as provided therein. CONTRACT DOCUMENTS The contract documents shall consist of this written agreement or Contract, provisions of this Contract including General Clauses and Conditions, Special and all other Provisions, Advertisement for Bid, Invitation to Bid, Instruction to Bidders, Bidder's Proposal, all Addenda issued prior to award of Contract,any plans which include all maps,plats,blueprints, and other drawings and printed or written or explanatory matter thereof,the technical specifications and all other documents identified as pertaining to this agreement, all of which have been identified by the CITY and COMPANY. The contract documents constitute the entire agreement between the CITY and COMPANY,and all are as fully a part of the Contract as if attached to and repeated in this agreement. The contract documents may be altered,amended or modified only as provided herein. PURCHASE/WORK ORDER The services to be provided under this Contract shall be delivered/commenced by COMPANY upon final execution of this Contract and on a date to be specified in a written notice to proceed in accordance with the contract documents. Time is of the essence for this Contract. MODIFICATION AND ASSIGNMENT This Contract may not be altered;modified or amended except in writing properly executed by the parties and may not be assigned to a third party. TERMINATION Unless otherwise provided in the contract documents, CITY may terminate this Contract at any time without cause with thirty-(30) days written notice. Additionally,CITY shall have the right to cancel this Contract if COMPANY fails to provide the goods and/or services in accordance with the Contract Documents after giving seven-(7)days prior written notice. Irrespective of which party shall effect termination or the cause therefore, CITY shall within thirty-(30) days of termination compensate COMPANY for any delivery of goods and/or services made up to the time of termination. No amount shall be due for lost or anticipated profits. TERM The term of this Contract shall be an initial term of one(1)year beginning October 15,2009,and ending September 30,2010 unless terminated by either party under the terms set forth herein. This Contract shall automatically be renewed, without need for formal action,for two one-year terms beginning the same day of the initial term, unless earlier terminated as provided in the contract documents. Any proposed rate increase shall be submitted to the City in writing at least sixty(60)days prior to the contract renewal date. Rate increases shall be subject to negotiation and the mutual agreement of both parties. GOVERNING LAW AND VENUE The parties agree that the laws of the State of Texas shall apply to and govern this Contract;venue for any legal proceeding shall be held in Collin County,Texas. INDEPENDENT CONTRACTOR/1NDEMNITY It is agreed for all purposes hereunder, the COMPANY is and shall be an independent contractor and shall not, with respect to their acts or omissions,be deemed an agent or employee of CITY. COMPANY agrees to indemnify and hold harmless and defend CITY, its officers, agents and employees, from and against liability for any and all claims, liens, suits, demands, and/or actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, including court costs and attorneys' fees and other reasonable costs arising out of or resulting from COMPANY'S work and/or activities conducted in connection with or incidental to this Contract and from any liability arising out of,or resulting from,the intentional acts or negligence, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of COMPANY,including but not limited to its officers,agents,employees,subcontractors,licensees,invitees.and other persons. COMPANY further agrees that it shall at all times exercise reasonable precautions on behalf of. and be solely responsible for, the safety of its officers, agents, employees, subcontractors, licenses, invitees and other persons, as well as their property, while engaged in the delivery of such purchases and/or services pursuant to this Contract or while on City's premises where the services are being provided. It is expressly understood and agreed that CITY shall not be liable or responsible for the negligence of COMPANY, including but not limited to its officers, agents, employees, subcontractors,licensees,invitees,and other persons. Further,CITY assumes no responsibility or liability for harm,injury,or any damaging events which are directly or indirectly attributable to premise defects,real or alleged,in the vicinity where such purchases and/or services are to be delivered by COMPANY,which may now exist or which may hereafter arise upon the premises,responsibility for any and all such defects being expressly assumed by COMPANY. COMPANY understands and agrees that this indemnity provision shall apply to any and all claims, suits,demands, and/or actions based upon or arising from any such premise defects or conditions, including but not limited to any such claim asserted by or on behalf of COMPANY, including but not limited to its officers, agents,employees,subcontractors,licensees,invitees,and other persons. It is further agreed with respect to the above indemnity, that CITY and COMPANY will provide the other prompt and timely notice of any event covered which in any way,directly or indirectly,contingently or otherwise,affects or might affect the COMPANY or CITY,and CITY shall have the right to compromise and defend the same to the extent of its own interests. DISCRIMINATION REGULATIONS COMPANY, in the execution of this Contract and particularly in the employment practices engaged in, agrees that it will not discriminate on the basis of race,color,religion,national origin,sex,age,handicap or disability. NOTIFICATION All notices and communications required herein shall be personally delivered or mailed to the other party by United States certified mail, return receipt requested. Unless otherwise changed in writing by the respective party, notice intended for COMPANY shall be sent to the COMPANY's address as shown on COMPANY's Proposal;notice intended for CITY shall be sent to:City of Wylie,Office of the Purchasing Agent,2000 North Highway 78,Wylie,Texas 75098.Mailed notices shall be deemed to have been received three-(3)days after mailing. IN WITNESS WHEREOF,CITY and COMPANY have executed this Contract in two(2)counterparts,each of which shall be deemed an original, the day and year first written above. CITY OF WYLIE(CITY) (COMPANY) By: By: ,City Manager (Signature) Printed Name: ATTEST: Printed Title: By: ,City Secretary Acknowledgment State of Texas,County of Collin: Before me the undersigned authority on this day personally appeared , known to be the person whose name is subscribed to the foregoing document and known to me to be the (title) of (company name) and acknowledged to me that (s)he executed said document with full authority to do so and for the purposes and consideration expressed therein. Given under my hand and seal of office the day of Notary Public in and for the State of Texas CONTRACT FOR PURCHASE OF GOODS AND/OR SERVICES THIS CONTRACT is made and entered into this the 13`h day of October,2009 by and between the City of Wylie,Texas,a Municipal corporation located in Collin County,Texas,(hereinafter called CITY),acting through its duly authorized representative and Signature Contracting Services of the City of Grand Prairie,State of Texas,hereinafter called COMPANY),acting by and through its duly authorized agent. WITNESSETH:That for and in consideration of the mutual covenants hereinafter set forth,the CITY and COMPANY agree as follows: DESCRIPTION OF GOODS AND/OR SERVICE The CITY agrees to purchase and the COMPANY agrees to provide all of the goods and/or services as specified in the contract documents, such goods and/or services generally described as follows: MOWING & LITTER CONTROL OF CITY MEDIANS, RIGHTS OF WAY & SPECIAL AREAS for the bid sum of$36.55 per acre of mowing/litter control services provided and$5.95(bid item 2)or$11.95(bid item 3)per acre for litter control only,paid in current funds at the unit or total prices, at COMPANY'S own proper cost and expense, including all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, bonds and other accessories and services necessary to complete delivery of same, in accordance with the contract documents,hereinafter defined,and subject to such additions and deductions as provided therein. CONTRACT DOCUMENTS The contract documents shall consist of this written agreement or Contract, provisions of this Contract including General Clauses and Conditions, Special and all other Provisions, Advertisement for Bid, Invitation to Bid, Instruction to Bidders, Bidder's Proposal, all Addenda issued prior to award of Contract,any plans which include all maps,plats,blueprints,and other drawings and printed or written or explanatory matter thereof,the technical specifications and all other documents identified as pertaining to this agreement, all of which have been identified by the CITY and COMPANY. The contract documents constitute the entire agreement between the CITY and COMPANY,and all are as fully a part of the Contract as if attached to and repeated in this agreement. The contract documents may be altered,amended or modified only as provided herein. PURCHASE/WORK ORDER The services to be provided under this Contract shall be delivered/commenced by COMPANY upon final execution of this Contract and on a date to be specified in a written notice to proceed in accordance with the contract documents. Time is of the essence for this Contract. MODIFICATION AND ASSIGNMENT This Contract may not be altered;modified or amended except in writing properly executed by the parties and may not be assigned to a third party. TERMINATION Unless otherwise provided in the contract documents, CITY may terminate this Contract at any time without cause with thirty-(30) days written notice. Additionally,CITY shall have the right to cancel this Contract if COMPANY fails to provide the goods and/or services in accordance with the Contract Documents after giving seven-(7)days prior written notice. Irrespective of which party shall effect termination or the cause therefore, CITY shall within thirty-(30) days of termination compensate COMPANY for any delivery of goods and/or services made up to the time of termination. No amount shall be due for lost or anticipated profits. TERM The term of this Contract shall be an initial term of one(I)year beginning October 15,2009,and ending September 30,2010 unless terminated by either party under the terms set forth herein. This Contract shall automatically be renewed, without need for formal action, for two one-year terms beginning the same day of the initial term, unless earlier terminated as provided in the contract documents. Any proposed rate increase shall be submitted to the City in writing at least sixty (60) days prior to the contract renewal date. Rate increases shall be subject to negotiation and the mutual agreement of both parties. GOVERNING LAW AND VENUE The parties agree that the laws of the State of Texas shall apply to and govern this Contract; venue for any legal proceeding shall be held in Collin County,Texas. INDEPENDENT CONTRACTOR/1NDEMNITY It is agreed for all purposes hereunder, the COMPANY is and shall be an independent contractor and shall not, with respect to their acts or omissions,be deemed an agent or employee of CITY. COMPANY agrees to indemnify and hold harmless and defend CITY, its officers,agents and employees, from and against liability for any and all claims, liens, suits, demands, and/or actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, including court costs and attorneys' fees and other reasonable costs arising out of or resulting from COMPANY'S work and/or activities conducted in connection with or incidental to this Contract and from any liability arising out of,or resulting from,the intentional acts or negligence. including all such causes of action based upon common, constitutional. or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of COMPANY,including but not limited to its officers,agents,employees,subcontractors,licensees,invitees,and other persons. COMPANY further agrees that it shall at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, agents, employees, subcontractors, licenses, invitees and other persons, as well as their property, while engaged in the delivery of such purchases and/or services pursuant to this Contract or while on City's premises where the services are being provided. It is expressly understood and agreed that CITY shall not be liable or responsible for the negligence of COMPANY, including but not limited to its officers, agents,employees, subcontractors,licensees,invitees,and other persons. Further,CITY assumes no responsibility or liability for harm, injury,or any damaging events which are directly or indirectly attributable to premise defects, real or alleged,in the vicinity where such purchases and/or services are to be delivered by COMPANY,which may now exist or which may hereafter arise upon the premises,responsibility for any and all such defects being expressly assumed by COMPANY. COMPANY understands and agrees that this indemnity provision shall apply to any and all claims, suits,demands, and/or actions based upon or arising from any such premise defects or conditions, including but not limited to any such claim asserted by or on behalf of COMPANY, including but not limited to its officers, agents,employees,subcontractors,licensees,invitees,and other persons. It is further agreed with respect to the above indemnity, that CITY and COMPANY will provide the other prompt and timely notice of any event covered which in any way,directly or indirectly,contingently or otherwise,affects or might affect the COMPANY or CITY,and CITY shall have the right to compromise and defend the same to the extent of its own interests. DISCRIMINATION REGULATIONS COMPANY, in the execution of this Contract and particularly in the employment practices engaged in, agrees that it will not discriminate on the basis of race,color,religion,national origin,sex,age,handicap or disability. NOTIFICATION All notices and communications required herein shall be personally delivered or mailed to the other party by United States certified mail, return receipt requested. Unless otherwise changed in writing by the respective party, notice intended for COMPANY shall be sent to the COMPANY's address as shown on COMPANY's Proposal;notice intended for CITY shall be sent to:City of Wylie,Office of the Purchasing Agent,2000 North Highway 78,Wylie,Texas 75098.Mailed notices shall be deemed to have been received three-(3)days after mailing. IN WITNESS WHEREOF,CITY and COMPANY have executed this Contract in two(2)counterparts,each of which shall be deemed an original, the day and year first written above. CITY OF WYLIE(CITY) (COMPANY) By: By: ,City Manager (Signature) Printed Name: ATTEST: Printed Title: By: ,City Secretary Acknowledgment State of Texas, County of Collin: Before me the undersigned authority on this day personally appeared , known to be the person whose name is subscribed to the foregoing document and known to me to be the (title) of (company name) and acknowledged to me that (s)he executed said document with full authority to do so and for the purposes and consideration expressed therein. Given under my hand and seal of office the day of Notary Public in and for the State of Texas Wylie City Council CITY 4F WYLIE AGENDA REPORT Meeting Date: October 13, 2009 Item Number: 1 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: October 3, 2009 Budgeted Amount: Exhibits: Three Subject Hold a Public Hearing for the annexation of a 0.189 mile segment of County Line Road between the Collin County line and the Rockwall County line and a 0.284 mile segment between Elm Grove Road and Wells Road. Recommendation Conduct Public Hearing only. No action required. Discussion This annexation is at the request of Dallas County and defined as orphan roads. Orphan Roads are all or part of a street or road-right-of-way which is outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right-of-way. These roadway segments have, in effect, been "orphaned" by the abutting city (or cities) that they serve in that they have been left unincorporated. If annexed, the City of Wylie will be responsible for maintenance, operation, enforcement, police and /or emergency services within these unincorporated rights-of-way. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings September 30, 2009 & October 7, 2009 First Public Hearing October 13, 2009 Second Public Hearing October 27, 2009 Adoption of Ordinance November 10, 2009 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Approved By Initial Date Department Director RO 10/4/09 City Manager I t ► 1 1/Q /7/ 1 Page 1 of 1 DALLAS COUNTY � , 2�. PUBLIC WORKS c i id t a '7e i . July 6, 2009 ,,i Mr. M.G. "Red" Byboth Mayor Pro Tern City of Wylie 2000 Highway i8 North Wylie, TX 75098 Subject: Annexation of Orphan Roads County Line Road Pleasant Valley Road Dear Mr. Byboth: Dallas County records indicate a segment of County Line Road (the 0.189 mile section between Collin County Line and the Rockwall County Line) and a segment of Pleasant Valley Road (the 0.284 mile segment between Elm Grove Road and the unincorporated area) as being roadways in the unincorporated area. Dallas County for many years has sought to eliminate from its inventory those unincorporated sections of roadway located between or adjacent to city limit boundaries. These roadway sections are known as "Orphan Roads". Please review the attached correspondence from Dallas County dated April 14, 2002 and Court Order 2002-637 with the attached Orphan Road Policy and provide to us Wylie's plan for incorporating the above sections into the Wylie City Limit. Please contact me at 214-405-0307 or HBaha@dallascounty.org for assistance with resolving this issue. i cerely, C'"- Hamid ha, P.F. Project Manager Attachments: April 14, 2002 letter with Court Order 2002-637 and Policy Map of Wylie Orphan Road(s) Cc: Mike Cantrell, Commissioner Don Holzwarth, P.E., Director of Public Works Antoinette Bacchus, P.E., Assistant Director Hamid, Anthony, File CITY OF WYLIE / 4 raa° / r'q °°oo : N \x ��' ?`�� oof bra I. J° �d w°. 21 f°°�a i s COUNTY LINE RD h0 Qer 'Cr I. miiss G`e Cc a ' 9 / ya Ak Lononwooa �` ., as WYLIE ' �r•� °� r 4 1 60 PLEASANT VALLEY RD \ 1 04 i 0 I I I ``a�/��''c i o Q ROWLETT a i I yap : I` �. 1 Q ., 1 S`° i , SACHSE 0,,, I .°; .% d'oa I i ,+y r GARLAND i \ 1-is/ i ci Map Number Name Limits Mileage City Type District Mapsco Number Map Prepared: 12/18/08 DISCLAIMER:This map is for reference use only.Data provided are derived 60 PLEASANT VALLEY RD ELM GROVE RD TO UNINCORPORATED AREA 0.284 Wylie AB 2 10A-T 199-06-59 finm multiple sources with varying levels of accuracy.The Dallas County 21 COUNTY LINE RD COLLIN COUNTY LINE TO ROCKWALL COUNTY LINE 0.189 Wylie AB 2 10B-N 490-01-60completeness of to datalshoo �maall eapnnarolly�rmeaccuracynr • Project Location:Y:\Publle Works\Shared\CIS Data\IN\Tony\GIS Base Data\Projects \OrphanRoade\DC_OrphanRd_2.mzd CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA MCCREARY ROAD TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: November 10, 2009 ACREAGE ANNEXED: .473 acres SURVEY, ABSTRACT & COUNTY: Public Street Right-of-Way for a 0.189 mile segment of County Line Road between the Collin County line and the Rockwall County line and a 0.284 mile segment between Elm Grove Road and Wells Road. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area,whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area,whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2)years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2)years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13, 2009 Item Number: 2 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Office Account Code: Date Prepared: 10/5/09 Budgeted Amount: Resolution, Letter from Exhibits: CCAD Subject Consider, and act upon, approval of a Resolution nominating a candidate to the Board of Directors for the Central Appraisal District of Collin County for a two year term beginning January 1, 2010. Recommendation Motion to approve a Resolution nominating a candidate to the Board of Directors for the Central Appraisal District of Collin County for a two year term beginning January 1, 2010. Discussion This item was tabled to allow time to receive candidate endorsements from other cities. No endorsements were received as of October 9, 2009. The deadline for submission of candidates is October 15, 2009. The City of Wylie has 64 votes that they may cast for the Board of Directors of the Central Appraisal District of Collin County for a two year term beginning January 1, 2010. It is noted that each voting unit may nominate one to five candidates. This is the first step of the process in which nominations are accepted. Council is asked to approve a Resolution nominating a candidate for the Central Appraisal District for the Board of Directors of the Central Appraisal District of Collin County, which must be delivered to the Chief Appraisal before October 15, 2009. Approved By Initial Date Department Director CE 10/5/09 City Manager n\N\ to \OOJ Page 1 of 1 RESOLUTION NO. 2009-XX(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY TEXAS, NOMINATING A CANDIDATE FOR THE BOARD OF DIRECTORS FOR THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY IN ACCORDANCE WITH SECTION 6.03 (G) OF THE STATE PROPERTY TAX CODE, AND DIRECTING THAT THE CITY SECRETARY NOTIFY INTERESTED PARTIES OF SAID ACTION. WHEREAS, the Wylie City Council is required by the State Property Tax Code to cast votes for the Board of Directors of the Central Appraisal District; and WHEREAS, said votes must be cast no later October 15, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: SECTION 1: The Wylie City Council nominates , of Collin County, Wylie Texas to become a member of the Board of Directors of the Central Appraisal District of Collin County. SECTION 2: The City Secretary is hereby directed to notify all appropriate parties of this action. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas on this 13th day of October, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2009-XX(R) CC AD Nomination It 0 MIMI Collin Central Appraisal District August 14, 2009 Carole Ehrlich, City Secretary City of Wylie 2000 State Highway 78 North Wylie, TX 75098 RE: Election of Central Appraisal District of Collin County Board of Directors. Dear Ms. Ehrlich: Please be advised that the City of Wylie will have 64 votes to cast in the election of the Board of Directors for the Central Appraisal District of Collin County. The terms will be for two years beginning January 1, 2010. Each voting unit may nominate one to five candidates. Nominations must be made in an open meeting. A written resolution from the presiding officer should include the name and address of each candidate nominated. The resolution must be delivered to the Chief Appraiser before October 15, 2009. Sincerely, o.__61/1,-.- Bo Daffin Chief Appraiser Enclosure www.collincad.org 250 W.Eldorado Pkwy. Metro 469-742-9200 Admin Fax 469-742-9209 McKinney,Texas 75069 Toll Free 866-467-1110 Appraisal Fax 469-742-9205 DIRECTOR QUALIFICATIONS An appraisal district director must reside in the appraisal district for at least two years immediately preceding the date he or she takes office. A person may serve on the governing body of a taxing unit in the appraisal district that is; a city councilman, school board trustee, county commissioner, or other board member, and still be eligible to serve as a director. The common-law doctrine of incompatibility (holding offices that have conflicting demands on the holder) does not prohibit the same person from holding both offices. There is no limit to the number of elected officials that may serve on the board. An employee of a taxing unit within the appraisal district may not serve as a director. The only time that a taxing unit's employee may serve is if that employee is also an elected official or member of the governing body. For example, a city councilman who is employed as the school business manager may serve as a director. A person may not serve as a director if he or she is related to someone who appraises property for use in proceedings before the appraisal review board or in subsequent court proceedings, or represents property owners in such proceedings. A person may not serve on the board of directors if that person has a substantial interest in a business entity which has a contract with the appraisal district or, in the case of a taxing unit, has a contract related to the performance of an activity governed by the Tax Code. (Example- a partner in a law firm engaged in collecting delinquent taxes for a taxing unit.) In considering individuals to serve as directors, taxing units should look for expertise in such areas as accounting, finance, management, personnel administration, contracts, computers, real estate, or taxation. 2010 ALLOCATIONS OF VOTES BOARD OF DIRECTORS ELECTION 2008 % OF CALC#OF #OF VOTES #OF VOTES DISTRICT TAX LEVY LEVY VOTES (ROUNDED) ALLOCATED ALLEN CITY $39,674,477 2.585% 129.263 129.000 129 ALLEN ISD $99,360,744 6.475% 323.727 324.000 324 ANNA CITY $2,207,626 0.144% 7.193 7.000 7 ANNA ISD $8,041,019 0.524% 26.198 26.000 26 BLAND ISD $111,678 0.007% 0.364 0.000 0 BLUE RIDGE CITY $152,093 0.010% 0.496 0.000 1 BLUE RIDGE ISD $1,801,672 0.117% 5.870 6.000 6 CARROLLTON CITY $254,854 0.017% 0.830 1.000 1 CELINA CITY $2,987,237 0.195% 9.733 10.000 10 CELINA ISD $9,761,618 0.636% 31.804 32.000 32 COLLIN COUNTY $173,533,806 11.308% 565.390 565.000 565 COMMUNITY ISD $6,517,384 0.425% 21.234 21.000 21 DALLAS CITY $30,320,655 1.976% 98.788 99.000 99 FAIRVIEW CITY $3,514,528 0.229% 11.451 11.000 11 FARMERSVILLE CITY $892,916 0.058% 2.909 3.000 3 FARMERSVILLE ISD $4,206,210 0.274% 13.704 14.000 14 FRISCO CITY $39,475,123 2.572% 128.614 129.000 129 FRISCO ISD $168,452,347 10.977% 548.834 549.000 549 GARLAND CITY $175,327 0.011% 0.571 1.000 1 GUNTER ISD $2,730 0.000% 0.009 0.000 0 JOSEPHINE CITY $118,969 0.008% 0.388 0.000 0 LAVON CITY $598,408 0.039% 1.950 2.000 2 LEONARD ISD $88,112 0.006% 0.287 0.000 0 LOVEJOY ISD $21,686,576 1.413% 70.657 71.000 71 LOWERY CROSSING CITY $214,936 0.014% 0.700 1.000 1 LUCAS CITY $1,883,314 0.123% 6.136 6.000 6 MCKINNEY CITY $61,713,816 4.021% 201.070 201.000 201 MCKINNEY ISD $141,330,447 9.209% 460.468 460.000 460 MELISSA CITY $2,075,484 0.135% 6.762 7.000 7 MELISSA ISD $6,512,514 0.424% 21.218 21.000 21 MURPHY CITY $7,051,088 0.459% 22.973 23.000 23 NEVADA CITY $61,406 0.004% 0.200 0.000 0 NEW HOPE CITY $75,054 0.005% 0.245 0.000 0 PARKER CITY $1,849,535 0.121% 6.026 6.000 6 PLANO CITY $117,392,370 7.650% 382.476 382.000 382 PLANO ISD $449,991,200 29.322% 1466.114 1,466.000 1,466 PRINCETON CITY $1,988,657 0.130% 6.479 6.000 7 PRINCETON ISD $7,477,674 0.487% 24.363 24.000 24 PROSPER CITY $5,084,022 0.331% 16.564 17.000 17 PROSPER ISD $26,580,381 1.732% 86.601 87.000 87 RICHARDSON CITY $18,682,756 1.217% 60.870 61.000 61 ROCKWALL ISD $6,893 0.000% 0.022 0.000 0 ROYSE CITY $491,014 0.032% 1.600 2.000 2 ROYSE CITY ISD $1,181,512 0.077% 3.849 4.000 4 SACHSE CITY $2,354,173 0.153% 7.670 8.000 8 ST. PAUL CITY $314,872 0.021% 1.026 1.000 1 TRENTON ISD $69,517 0.005% 0.226 0.000 0 VAN ALSTYNE ISD $369,879 0.024% 1.205 1.000 1 WESTON CITY $83,204 0.005% 0.271 0.000 0 WHITEWRIGHT ISD $42,991 0.003% 0.140 0.000 0 WYLIE CITY $19,659,991 1.281% 64.054 64.000 64 WYLIE ISD $46,163,961 3.008% 150.407 150.000 150 TOTALS $1,534,638,770 100.000% 5000.000 4998 5000 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 10-13-2009 Item Number: 3 Department: CM (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 09-23-09 Budgeted Amount: Amended Consolidated Fee Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2009-32 repealing the fee established in Section I of Ordinance No. 1992-14; amending the fee established by Chapter 54, Article IV Section 54-66 (Weeds, Rubbish, Insanitary Matter) of the Wylie Code of Ordinances; amending Exhibit "A" of Ordinance No. 2009-12 (Consolidated Fee Ordinance) to establish a fee for the abatement of weeds, rubbish and insanitary matter and the abatement of graffiti; providing for a penalty for the violation of this ordinance; providing for a 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. 2009-32 repealing the fee established in Section I of Ordinance No. 1992-14; amending the fee established by Chapter 54, Article IV Section 54-66 (Weeds, Rubbish, Insanitary Matter) of the Wylie Code of Ordinances; amending Exhibit"A" of Ordinance No. 2009-12 (Consolidated Fee Ordinance) to establish a fee for the abatement of weeds, rubbish and insanitary matter and the abatement of graffiti; providing for a penalty for the violation of this ordinance; providing for a repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Discussion The consolidated fee ordinance amendment proposed would add two fees to our existing ordinance: (1). Graffiti abatement fee. Council recently amended the graffiti ordinance so that the City can abate graffiti and assess the cost of the abatement to a property owner only after first offering to abate the graffiti for free. According to State Law we must have a fee in our fee ordinance in order to charge for the graffiti abatement. The ordinance simply states that we would charge the property owner the hourly rate of the employees working on their property for the amount of time spent on the job plus the cost of any materials used. (2). Administrative fee for tall grass and weeds abatement. This is a fee to reimburse the city for some of the time spent when Code Enforcement has to hire a mowing contractor, have a property mowed, and put a lien on it. The fee proposed is $75.00 per lot or tract. Approved By Initial Date Department Director JB 9/13/09 City Manager IV k0 \-1 f 0° Page 1 of 1 ORDINANCE NO. 2009-32 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING THE FEE ESTABLISHED IN SECTION I OF ORDINANCE NO. 1992-14; AMENDING THE FEE ESTABLISHED BY CHAPTER 54, ARTICLE IV, SECTION 54-66 (WEEDS, RUBBISH, INSANITARY MATTER) OF THE WYLIE CODE OF ORDINANCES; AMENDING EXHIBIT "A" OF ORDINANCE NO. 2009-12 (CONSOLIDATED FEE ORDINANCE) TO ESTABLISH A FEE FOR THE ABATEMENT OF WEEDS, RUBBISH AND INSANITARY MATTER AND THE ABATEMENT OF GRAFFITI; 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 adopted Ordinance No. 2009-12 establishing a consolidated fee ordinance ("Consolidated Fee Ordinance") for the City of Wylie, Texas ("Wylie"); and WHEREAS, the City Council has investigated and determined that it would be in the best interest of the citizens of Wylie to repeal the fee established in Section I of Ordinance No. 1992-14 for the abatement of weeds, rubbish and insanitary matter and amend the fee established for the abatement of weeds, rubbish and insanitary matter in Chapter 54, Article IV, Section 54-66(b) of the Wylie Code of Ordinances and include the fee in the Consolidated Fee Ordinance; and WHEREAS, the City Council has recently amended Chapter 74, Article VII (Graffiti Vandalism) regarding the abatement of graffiti within Wylie; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend the Consolidated Fee Ordinance to include a fee for abatement of graffiti; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend the Consolidated Fee Ordinance in the manner stated above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1: Findings. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 1 557522.v1 SECTION 2: Repealing Fee Established in Section I of Ordinance No. 1992-14. The fee established in Section I of Ordinance No. 1992-14 is repealed. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time the fee established in Section I of Ordinance No. 1992-14 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of the fee established in Section 1 of Ordinance No. 1992-14 occurring before the effective date of this Ordinance and violations that occurred under said ordinance shall count when determining whether a violation of this Ordinance is a subsequent violation. SECTION 3: Amending Fee Established by Chapter 54, Article IV, Section 54- 66(b) of the Wylie Code of Ordinances. The fee established by Chapter 54, Article IV, Section 54-66(b) of the Wylie Code of Ordinances is hereby amended as identified in Exhibit"A." SECTION 4: Amending Ordinance No. 2009-12 (Consolidated Fee Ordinance). Ordinance No. 2009-12 (Consolidated Fee Ordinance) is hereby amended as identified in Exhibit"A." SECTION 5: Penalty Provision. Any person, firm, corporation or entity that violates this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00) if the violation relates to the public health and sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the 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: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 7: 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 8: Effective Date. This Ordinance shall become effective from and after its passage and publication as required by the City Charter and by law. Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 2 557522.v1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, on this 13th day of October, 2009. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of publication in The Wylie News—October 21,2009 Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 3 557522.v1 Exhibit"A" WYLIE COMPREHENSIVE FEE SCHEDULE I. WATER AND SEWER FEES. A. Water and Sewer Service Deposit. Each water customer shall make a deposit to the City of Wylie, Texas for water service and sewerage service in accordance with the following schedule: (i) Water Deposits (1) 3/ inch meter domestic $75.00 (2) 3/ inch meter irrigation with domestic account $50.00 (3) 3/ inch irrigation meter without domestic account $125.00 (4) 1 inch meter domestic $125.00 (5) 1 inch irrigation with domestic account $75.00 (6) 1 inch irrigation without domestic account $200.00 (7) 2 inch meter domestic $225.00 (8) 2 inch irrigation with domestic account $115.00 (9) 2 inch irrigation without domestic account $340.00 (ii) Sewer Deposit (1) Residential $20.00 (2) Commercial $20.00 B. Water Rates. (1) The following monthly water rates shall apply to all domestic residential customers within the corporate limits of the City of Wylie, Texas. ALL PRICES ARE FOR 1,000 GALLONS OF METERED WATER. (a) Monthly minimum charge for first 1,000 gallons of metered water consumption: $8.90 (b) Volume charge for all consumption exceeding 1,000 gallons: 1,001 to 10,000 gallons: $2.82 Over 10,000 gallons: $3.68 (2) The following monthly water rates shall apply to all domestic commercial customers, (other than apartments, mobile home parks and other multi- unit dwellings not individually metered) within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 4 557522.v1 metered water consumption: $12.15 (b) Volume charge for all consumption exceeding 1,000 gallons: $3.22 (3) The following water rates shall apply to all domestic apartments, mobile home parks, and other multi-unit dwellings, not individually metered, within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of metered water $12.15 (b) Volume charge for all consumption exceeding 1,000 gallons $3.22 (4) The following monthly water rates shall apply to all irrigation meters within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of metered water: (1) Residential irrigation $8.90 (2) Commercial & Multifamily $12.15 (b) Volume charge for all consumption exceeding 1,000 gallons: (1) Residential irrigation $4.08 (2) Commercial irrigation $4.08 (5) The monthly water charge for any customers (residential, commercial, apartment, mobile home park, or other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. (6) Any bulk water customer who desires to withdraw water from a hydrant or other source not metered and charged directly to them, shall fill out a water application form and sign the form in the same manner as a regular metered customer. Bulk water rate charges are to be charged in twenty- five (25) gallon increments at the same rates as the commercial customers. C. Sewage Collection and Treatment Rates. (1) The following monthly sewage collection and treatment rates shall apply to all residential customers of the City of Wylie, Texas: (a) Customers who are 65 years of age or older and have a homestead exemption on the service address which appears in the tax Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 5 557522.v1 records $20.00 (b) Customers who are disabled and have a homestead exemption on the service address which appears in the tax records $20.00 (c) All other customers $27.00 (2) The following monthly sewage collection and treatment rates shall apply to all commercial customers of the City of Wylie, Texas: (a) Monthly minimum charge first 1,000 gallons of metered water...... $21.50 (b) Volume charge for all consumption exceeding 1,000 gallons .. $ 1.82 (3) A sewer fee of twenty-seven dollars ($27.00) shall be charged for each apartment unit, multiple-family unit, or mobile home space and special areas such as washateria, swimming pools, etc., where the apartment, multiple-family development or mobile home park is on a master meter for water consumption with the City of Wylie, Texas. (4) The monthly sewer charge for any customers (residential, commercial, apartment, mobile home park, or other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. (5) The monthly water and sewer rate charge for residential and commercial customers located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. D. Returned Check Charge. Each and every check or bank draft, used as payment to the City for services, which is returned for insufficient funds, shall have a charge of twenty-five dollars ($25.00) assessed against the account. E. Utility Account Establishment Charge. Each time a customer changes his place of occupancy and requests water service or a change in billing address or a new account is established, a charge of five dollars ($5.00) shall be made. F. Past Due Account Penalty; Restoration Charges. Ordinance No.2009-32 Amendment to the Consolidated Fee Ordinance Page 6 557522.v1 (1) The charges for water and or sewer service shall be billed and collected monthly as a utility charge payable to the City of Wylie, Texas. All charges not paid within fourteen (14) days from the date that the bill is rendered shall be delinquent, except when the fourteenth (14th) day falls on Saturday, Sunday, or a legal holiday under which condition such bill shall be due by 5:00 p.m. Central Time, on the next working day following such Saturday, Sunday, or legal holiday. (2) All payments made after the fourteenth (14th) day will bear a late charge or penalty of five (5%) percent on amounts over twenty dollars ($20.00). (3) A customer's utility service may be disconnected if a bill has not been paid or a deferred payment agreement entered into within twenty-six (26) days from the date of issuance of a bill, if proper notice has been given. Proper notice shall consist of a separate mailing or hand delivery at least ten (10) days prior to a stated date of disconnection, with the words "termination notice" or similar language prominently displayed on the notice. The information included in the notice shall be provided in English and Spanish as necessary to adequately inform the customer. Attached to or on the face of the termination notice shall appear a statement notifying the customer that if they are in need of assistance with payment of their bill, they may be eligible for alternative payment programs, such as deferred payment plans, and to contact the water department of the City of Wylie, Texas for more information. If mailed, the cutoff day may not fall on a holiday or weekend, but will be on the next working day after the tenth (10) day. Service may not be discontinued for non-payment of a residential account if a permanent occupant of the residence will become seriously ill as a result of discontinued service. If a customer seeks to avoid termination on this basis, the customer must have the attending physician call or contact the water department within fourteen (14) days of the issuance of the bill. A written statement must be received by the water department from the physician within twenty-six (26) days of the issuance of the bill. The limit on termination shall last sixty-three (63) days from the issuance of the bill or a lesser period if agreed by the parties. The customer who makes such request shall enter into a deferred payment plan to accomplish payment of the bill. (4) If it is necessary to terminate water service for nonpayment, a charge of fifty dollars ($50.00) shall be paid prior to restoration of the service if the service is restored between the hours of 8:00 a.m. and 5:00 p.m., Central Time, on weekdays. At other times, the restoration charge shall be sixty-five dollars ($65.00). (5) If water and sewer service are terminated by customer request, the charge for restoring the service shall be ten dollars ($10.00) which will be added to the next month's bill. G. Temporary Connection Charge. Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 7 557522.v1 A fee of twenty dollars ($20.00) shall be paid in advance for temporary water service to a utility customer for activities such as cleaning, plumbing checks, remodeling and so forth. This service will be for three (3) working days, excluding the date the fee is paid. H. Special Service Connection Fee. Upon receipt of an application for service and payment of all required deposits, connection of utility service shall be made by the City. If requested by the customer, and if the application and deposit are received prior to 12:00 noon, all reasonable efforts will be made to connect service by the end of the same working day. If the application and deposit are received after 12:00 noon, and upon payment in advance of a twenty-five ($25.00) special service connection fee, service will be connected by the end of the same working day. Otherwise, all reasonable efforts will be made to connect service by the end of the following day. I. Special Meter Reading Charge. A special meter reading charge of ten dollars ($10.00) shall be charged on the existing water bill when requested by a customer if the reading is determined to be correct. No reading charge will be made if it is determined the original reading was not correct. J. Development/Subdivision Water Charges. All developers or sub-dividers who are tying into the water and sewer system of the City of Wylie, Texas shall pay an initial fee equivalent to the gallon capacity of their water system distribution lines multiplied by a factor of three (3) at the prevailing lowest rate per one thousand (1,000) currently in effect at the time actual usage occurs. The final determination of the amount of gallons to be charged shall be determined by the City Engineer. Any water used subsequent to the initial loading and flushing of the installed lines shall be accomplished by the developer or sub-divider securing a meter attachment to a fire hydrant. This fee shall be due and payable prior to approval of the final plat. K. Charge for Replacing Meter Box. The cost for replacement of 1 inch and under plastic water meter box is seventy-five ($75.00). L. Charge for Replacing Sewer Clean Out Caps. The cost for replacement of property line sewer clean out caps is five dollars ($5.00). M. Meter Testing Fee. Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 8 557522.v1 When any utility customer is of the opinion that a water meter is registering incorrectly, the customer may make a request to the City for testing of the meter. A field test will be provided for the customer's meter without charge once every two (2) years. If the customer desires a calibration and certification test, then at the time such request is made, the customer shall make a twenty-five ($25.00) deposit with the City. If the test shows that the meter is registering consumption in excess of actual flow by more than two (2) percent, the meter shall be replaced with an accurate one at the expense of the City, and the twenty-five dollars ($25.00) deposit shall be returned to the customer. If the test shows that the meter is registering consumption at less than actual flow or in excess of actual flow by two (2)percent or less, the twenty-five dollars ($25.00) deposit shall be retained by the City to defer the cost of such test. N. Threshold Conditions In regards to implementation and enforcement of the Drought Contingency Plan (the "Plan"), the City Manager is designated as the official responsible for implementation and enforcement, and the guidelines for the threshold determinations as listed in the Plan are hereby adopted. In the event severe or critical conditions persist (as defined in the Plan) for an extended period of time, the City may ration water usage and/or terminate service to selected users of the system in accordance with the following sequence of increasing priority: (1) Recreation Users (2) Commercial Users (3) Industrial Users (4) School Users (5) Residential Users (6) Hospitals, Public Health and Safety Facilities O. Penalty (1) Users of City water except for the City, that do not comply with Section 3 of this Ordinance shall be subject to a penalty and fine of not less than one hundred dollars ($100.00) per day no more than one thousand dollars ($1000.00) per day for each day of non-compliance and/or disconnection or discontinuance of water services to such users by the City. The fines shall be listed on Table B of the Plan. (2) It shall be unlawful for any person to do, commit or assist in committing any of the following things or acts in the City: Remove any water meter that has been placed by the City, or changing, interfering with or tampering with any water meter in any manner; prevent water, by any means or devices, from passing through any meter connected directly or indirectly with the lines or mains of the City waterworks, whether sewer service Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 9 557522.v1 customer only or both water and sewer; prevent a meter from registering the amount of water passing through such meter, or prevent or obstruct a meter from accurately registering the quantity of water supplied; or in any way interfere with a water meter's purpose, action or just registration; or whoever, without the consent in writing of the director of the water department diverts any water from any pipes, lines or mains of the waterworks, or otherwise uses or causes to be used any water produced or distributed by the waterworks, or retains possession thereof shall be fined one hundred and fifty dollars ($150.00) and pay for the water estimated by the City to have been used without proper metering. This fine is in addition to any criminal penalties that may be imposed by the City. (3) The presence at any time on or about any meter, water lines or mains of the City, whether such meter, if any, is owned or operated by the City or others, of a pipe or any device or pipes resulting in the diversion of water or the prevention of its free passage and registration by any such meter, or resulting in the diversion from such meter, or resulting in the prevention of water reaching the meter, or resulting in the prevention of just registration of the meter or meters or resulting in the taking of any water except through a lawfully installed meter shall constitute prima facie evidence on the part of the person owning or having custody or control of the room, building, place or premises where such device or pipe is located, of knowledge of the existence thereof and/or knowledge of such existence to the person who would be benefited by the failure of the water to be accurately metered shall further constitute prima facie evidence of intention on the part of such person or persons to defraud and tamper with a meter, and shall bring such person prima facie within the scope, meaning and penalties of this section. This section shall not apply to employees or agents of the City when acting in their official capacity. (4) That a convenience fee of three dollars ($3.00) per transaction be collected at the point of sale for those persons wishing to use a credit/debit card to purchase city services. (a) A convenience fee of three dollars ($3.00) per transaction will be collected at the point of sale for those persons wishing to use a credit/debit card to purchase city services. (5) That a convenience fee per transaction of one dollar and seventy-five cents ($1.75) for residential customers and business customers be collected at the time of sale for those persons wishing to use credit/debit card to purchase city services on-line. II. GARBAGE, TRASH AND BRUSH FEES. A. Residential Fee; Deposits. Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 10 557522.v1 (1) The collection and removal of garbage, rubbish and brush in one (1) polycart container from residential premises, one (1) time per week and one recycle polycart one (1) time per week, shall be made for a charge of eleven dollars and thirty cents ($11.30)per residential unit for each calendar month. (2) Nonresidential customers shall be required to make a deposit equivalent to three (3)months' charges, or a minimum thirty-four dollars ($34.00). (3) Residential fees for each unit of single-family detached or duplex (not master metered) either curbside or alley side service, shall be eleven dollars and thirty cents ($11.30) per month and shall be charged each month on the utility bill. (4) The following collection fees are based upon the type of establishment or collection, to wit: (a) Duplex, per unit $11.30 per unit (b) Multifamily $11.30 per unit (c) Trailer park $11.30 per unit (5) Each additional Polycart $4.00 B. Commercial Charges. (1) Commercial Hand Collection,per ninety-five (95) gallon polycart Automated Collection Cost: Once(1) per week $22.94 Two (2) carts once (1)per week. $43.58 (2) Front Load Container Rates lxwk 2xwk 3xwk 4xwk 5xwk 6xwk 2 cu yd $ 78.40 $149.80 $208.60 $291.06 $377.76 $ 465.85 3 cu yd $ 86.80 $163.80 $226.80 $314.16 $423.50 $ 503.12 4 cu yd $ 92.40 $172.70 $242.20 $337.26 $433.66 $ 538.52 6 cu yd $107.80 $197.40 $277.20 $381.92 $496.34 $ 613.06 8 cu yd $120.40 $226.60 $312.20 $428.12 $553.94 $ 685.73 Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 11 557522.v1 (3) Additional Charges Additional charge of$8.75 per pick up for containers on Casters Additional charge of$8.75 per pick up for containers with 4 sided enclosures Additional charge of$8.75 per pick up for containers with locks 8 cubic yard Cardboard Recycling Container 1 X per week $84.28 8 cubic yard Cardboard Recycling Container 2 X per week $176.74 Front load container exchange charge $78.94 (4) Extra Pick Ups 2 cubic yard $47.37 3 cubic yard $48.42 4 cubic yard $49.47 6 cubic yard $51.58 8 cubic yard $52.63 (5) Refills 2 cubic yard $36.84 3 cubic yard $37.89 4 cubic yard $38.95 6 cubic yard $41.05 8 cubic yard $42.11 (6) Rolloff Charges: 20 cubic yard per haul $482.31 (M-F) 30 cubic yard per haul $492.84 (M-F) 40 cubic yard per haul $524.42 (M-F) Delivery and Exchange $369.76 (M-F) Daily Container Rental $7.89 (7) Compactors: 6 cubic yard compactor haul charge $265.11 (M-F) 8 cubic yard compactor haul charge $297.79 (M-F) 30 cubic yard compactor haul charge $492.84 (M-F) 35 cubic yard compactor haul charge $492.84 (M-F) 42 cubic yard compactor haul charge $492.84 (M-F) Disposal will be billed at $29.23 per ton; rates based on 4 ton minimum. (8) Returned Check Charge. $26.31 Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 12 557522.v1 (9) COMMERCIAL RATES FOR WYLIE INDEPENDENT SCHOOL DISTRICT (WISD) (10) Front Load Container Rates Size/Pickup 1 x week 2 x week 3 x week 4 x week 5 x week _6 x week_ 2 Cu Yd $ 67.03 $128.08 $178.35 $248.86 $322.99 $398.30 3 Cu Yd $ 74.21 $140.05 $193.91 $268.61 $362.09 $430.17 4 Cu Yd $ 79.00 $147.23 $207.08 $288.36 $370.78 $460.44 6 Cu Yd $ 92.17 $168.78 $237.01 $326.54 $424.37 $524.17 8 Cu Yd $102.94 $190.32 $266.93 $366.04 $473.63 $586.30 WISD front load rates are net to contractor, does not include billing fee, franchise fee and sales tax do not apply. C. Fees for Special Collection of Brush and Bulky Waste Items. Special collection of brush and bulky items, in excess of twenty-four (24) cubic yards per resident per year, will be made available to residents at the rate negotiated between the contractor and the resident. D. Denial of Service. In the event of nonpayment of charges for the above services, the City shall have the right to deny further service to such nonpaying person or customer. III. CONSTRUCTION PERMITS AND FEES. A. Building, Plumbing, Mechanical and Electrical Permit Fees. When a building, plumbing, mechanical or electrical permit is required by the Building, Plumbing, Mechanical or Electrical code adopted by the City of Wylie, Texas the following fees shall be assessed: EXCEPTION: Permit fees shall not be required when the permit is for a building owned and occupied by a public agency. (1) New Single-Family Fees (including duplexes) - $700.00 + .10 cents a square foot (a) A non-refundable plan review deposit of fifty dollars ($50.00) is due at time of plan submittal. The plan review deposit will be applied toward the cost of the building permit only if the building permit fee is paid within six (6) months of the date the plan was submitted for review. Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 13 557522.v1 (2) New Multi-Family Fees (3 attached units or more) - $250.00 per unit (a) A non-refundable plan review deposit equal to ten percent (10%) of the permit fee is due at time of plan submittal. The plan review deposit will be applied toward the cost of the building permit only if the building permit fee is paid within six (6) months of the date the plan was submitted for review. (3) New Commercial Fees (a) Building Permit Fees for New Construction 1. $200.00 + .08 cents a square foot 2. Fees for tenant finish out and shell buildings will be seventy-five percent (75%) of the above fees. 3. A non-refundable plan review deposit equal to fifty percent (50%) of the building permit fee is due at the time of plan submittal. The plan review deposit will be applied toward the cost of the building permit only if the building permit fee is paid within six (6) months of the date the plan was submitted for review. (b) Plumbing, Mechanical and Electrical fees for New Construction (each) 1. $50.00+ .03 cents a square foot 2. Fees for tenant finish out and shell buildings will be seventy-five percent (75%) of the above fees. (4) Fees for Additions, Alterations, Repairs, Demolition, Screening Walls, Retaining Walls and Accessory Buildings. The following fees shall be charged for small construction jobs involving additions, alterations and repairs. Larger projects that involve substantial work shall be charged as new construction at the sole discretion of the Building Official. Value of Construction Permit Fee $0.00 to $2,500.00 $ 50.00 $2,500.01 to $5,000.00 $ 60.00 $5,000.01 to $10,000.00 $ 75.00 $10,000.01 to $25,000.00 $100.00 $25,000.01 to $50,000.00 $150.00 $50,000.01 to $100,000.00 $225.00 $100,000.01 or more $300.00 for the first $100,000.00 Ordinance No.2009-32 Amendment to the Consolidated Fee Ordinance Page 14 557522.v1 plus $50.00 for each $50,000.00 or fraction thereof B. Miscellaneous Fees. Any activity listed below shall be charged the following fee associated with the activity: Commercial Certificate of Occupancy or Completion $75.00 (Existing building/space or unoccupied clean and show,applicable to shell or structure/space) Temporary Certificate of Occupancy $75.00 (Charged for all Temporary Certificates of Occupancy(ies)) Commercial Temporary Utilities Releases (Electrical or Gas Services) $100.00 Residential Temporary Utilities Releases (Electrical or Gas Services) $50.00 (All temporary utility releases require signed affidavit by contractors/builders) Manufactured Home Construction Permit Fee $300.00 Manufactured Home License Application Fee $500.00 (All original license applications and license transfers shall be accompanied by a fee of $500.00) Manufactured Home Space Fee $50.00 per space Manufactured Home Park Annual Inspection Fee ..$10.00 per occupied space Manufactured Home Park License Fee ..$500.00 Minimum Miscellaneous Permit Fee(Residential) $50.00 Minimum Miscellaneous Permit Fee (Commercial) $100.00 Fence Permit $40.00 In-ground swimming pool $300.00 Spa or above-ground pool $100.00 Lawn Sprinkler $50.00 Tent $50.00 Construction trailer $75.00 Drive Approach $50.00 per approach Sidewalk $50.00 per lot Structure Moving Permit $75.00 (Any structure moved through or into the City of Wylie,Texas that exceeds 250 square feet) Additional Plan Review $50.00 per hour(Minimum one hour) Appeal to the Construction Board $150.00 Duplicate Building Permit $10.00 Garage Sale $5.00 Administrative fee/change contractor or change on issued permit.. $25.00 per contractor Re-stamp Plans $50.00 per hour—Minimum one hour Sign Permit $75.00 Promotional Signs $ 40.00 Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 15 557522.v1 Dance Hall License $100.00 Pool Hall License $100.00 Massage Establishment Permit $500.00 Individual License to Perform Massage $50.00 Sexually Oriented Business License $500.00 Food Service Establishment Permit (annual) $50.00 Retail Food Store Permit Fee(annual) $50.00 Junkyard or Salvage yard License $250.00 Dangerous Building Abatement Administrative Fee $750.00/per lot Abatement of Graffiti .Employee Hourly Rate plus cost of Materials Weeds, High Grass, and Trash Abatement Administrative Fee.......$75.00 per lot or tract of land C. Registration and License Fees. General, Plumbing, Mechanical, Electrical and Irrigation contractors shall not be eligible to receive a permit within the City of Wylie, Texas until they have registered with the City as a contractor and paid the following fee. Fees shall be paid annually and registration will be valid from January 1 through December 31. Registrations received and fees paid between December 1 and December 31 of any calendar year shall be valid from that date until December 31 of the following calendar year. General Contractor $100.00 Plumbing Contractor $100.00 Mechanical Contractor $100.00 Irrigation Contractor $100.00 Backflow Tester $100.00 Pool Contractor $100.00 Fence Contractor $100.00 Electrical Contractor $100.00 Master Electrician $25.00 Journeyman Electrician $10.00 Residential Specialist $10.00 Master Sign Electrician $25.00 Journeyman Sign Electrician $10.00 D. Special Inspection Fees. Re-inspection Fee $50.00 After Hours Inspection $75.00/hr-3hr minimum Special Inspection .$75.00 House Moving Inspection Fee $100.00 House Moving Inspection Mileage Reimbursement... current government mileage Ordinance No.2009-32 Amendment to the Consolidated Fee Ordinance Page 16 557522.v1 reimbursement rate IV. ENGINEERING FEES. A. Water and Sewer Impact Fees (i) Service unit - means the standardized measure of consumption, use, generation or discharge attributable to an individual unit of development that has been calculated in accordance with the generally accepted engineering and/or planning standards. The water and wastewater service unit is defined to be a 3/4-inch water meter. Other meter sizes can be compared to the 3/4-inch meter through a ratio of water flows as published by the American Water Works Association and as shown in Table No. 7 of the "Water and Wastewater Impact Fee Update 2005-2015" which is attached as Exhibit A to Ordinance 2006-25 and incorporated by reference herein, as may be amended from time to time. (1) Calculating Impact Charges For each single family living unit equivalent (SFLUE) to be served by the water system there shall be a water impact fee of one thousand three hundred four dollars and ninety seven cents ($1,304.97). For each SFLUE to be served by the sewerage system there shall be a sewerage impact fee of one thousand two hundred thirty one dollars and one cent ($1,231.01). B. Thoroughfare Impact Fees (i) Service unit - means the standardized measure of consumption, use, generation or discharge attributable to an individual unit of development, that has been calculated in accordance with the generally accepted engineering and/or planning standards, as indicated in the land use equivalency tables located in the "Roadway Impact Fee 2008- 2017" report which is attached as Exhibit A to Ordinance 2007-34 and incorporated by reference herein, as may be amended from time to time. (1) Calculating Impact Charges Thoroughfare Impact Fees shall be calculated at the rate of four hundred thirty four dollars and eighty-two cents ($434.82) per service unit for the Western zone and seven hundred eighteen dollars ($718.00) per service unit for the Eastern zone. C. Special District Fees. (1) In addition to all other fees, the City Council may designate by ordinance, certain special districts. These districts shall be formed in order to collect pro rata fees to offset the cost of capital improvements to the water and sewer system that benefit only a particular section of the City. Ordinance No.2009-32 Amendment to the Consolidated Fee Ordinance Page 17 557522.v1 (2) When such action is deemed appropriate by the City Council, said area shall be deemed by clearly understood boundaries. Then the fee per unit shall be determined by using the following formula: No. of Units per Total Cost of Project Acres x Acre = No. of Shares = Special District Fee (3) Units existing within the special district prior to the establishment by the City Council shall not be charged the determined special district fee unless the parties involved request such service be provided. D. Engineering Inspection Fees Each project shall be charged an engineering inspection fee. The fee shall be three percent (3%) of the City's estimate for the cost of the public work utilities and streets of new construction which are to be dedicated to the City of Wylie, Texas as well as private commercial parking areas. Such items shall include, but not be limited to: street paving, storm drainage, water mains, sewer mains, commercial parking areas and other items designated for conveyance to the City after completion of improvements through the process of public dedication. These fees shall be paid prior to the start of construction. E. Grading Fees (1) Grading Permit $100.00 (2) Grading Permit Deposit: One acre or less $500.00 Once acre or more $500.00 for first acre + $100.00 for each additional acre V. IMPOUNDMENT, BOARDING AND ADOPTION FEES. A. Shelter Impound Fees (All Animals). First Offense $40.00 Second Offense $60.00 Third Offense $80.00 B. Boarding Fees (Daily Rates). All Animals $10.00 (per calendar day) C. Adoption Fee. $75.00 (includes $50.00 voucher for sterilization) Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 18 557522.v1 D. License, Registration for Dangerous Dogs, Euthanasia, Disposal, Surrender Fees and Trap Deposits. License Fee $10.00 per animal Fee for Lost License Tag. $2.00 per animal Euthanasia Fee. $25.00 per animal Disposal Fee $10.00 per animal Surrender Fee $15.00 per animal Trap Deposits $60.00 per trap Annual Registration Fee for Dangerous Dog $50.00 per animal Fee to register dangerous dog at new address $25.00 per animal Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 19 557522.v1 VI. PLANNING AND ZONING A. Maintenance Bonds. Refer to Subdivision Regulations Section 6.7: Maintenance and Guarantee of Public improvements. The property owner shall maintain all required public improvements for a period of two (2) years following acceptance of the subdivision by the City, and shall also provide a two (2) year maintenance bond (warranty) that all public improvements will be free from defects for a period of two (2) years following such acceptance by the City. B. Zoning and Platting Fees. Zoning Change Application $325.00 + $15.00/acre (Including standard districts,planned development districts and special use permits) Zoning Change Re-notification/Re-publication $200.00 (When request is tabled by applicant) Site Plan Application $250.00 Preliminary Plat Application $200.00 +$12.00/acre Final Plat/Amended Re-plat/Minor Application $325.00 +$25.00/acre Annexation/Disannexation Application $200.00 Variance Application $100.00 (Zoning Board of Adjustment and all others i.e. commission waive planned development acreage, alleys,parking) Verification Letter $50.00 (Zoning,comprehensive plan,utilities) Right-of-Way Abandonment $50.00 (fee toward appraised market value) C. Material Comprehensive Plan $10.00 + Sales Tax Zoning Ordinance $20.00+ Sales Tax Subdivision Regulations $15.00 + Sales Tax Prints of Plats and As-Builts (24 x 36) $3.00/sheet+ Sales Tax Special Area Study Map (8 '/2 x 11 x 36) $5.00/sheet+ Sales Tax City-Wide Planning Maps $15.00/sheet+ Sales Tax (Land use,zoning thoroughfare,development trends,city limits) CD Copies $5.00 each+ Sales Tax (Scanned plats,as-builts) Ordinance No. 2009-32 Amendment to the Consolidated Fee Ordinance Page 20 557522.v1 VII. POLICE DEPARTMENT A. POLICE DEPARTMENT FEES. Parade Permit Fee $25.00 Special Event Permit Fee Solicitor Registration Fee $75.00 Permit Fee $75.00 Fingerprinting Fee $5.00 Accident Report Fee Copy of accident report $6.00 Certified copy accident report $8.00 Open records request $.10 cents (per page) Certify Open Records Request $2.00 VIII. PUBLIC LIBRARY A. LIBRARY FEES. Barcode Fee $1.00 DVD Case Fee $3.00 (replacement) Lost Item Cost of material+ $3.00 Damaged Item Cost of material + $3.00 Copies: Black and white $.10 per page Color. $.25 per page Fax. $.50 per sheet Library Replacement Card $1.00 Extended Use Fee DVD $.50 per day/per item All other $.10 per day/per item Interlibrary request fee $2.00 Book Jacket Fee $1.00 (replacement) Art Work (DVD) $1.00 (replacement) CD Case(Music) $1.00 (replacement) CD Case (Books) $3.00 (replacement) $1.00 Spine Label $1.00 Amendment to Ordinance Nos.2009-12 and 1992-14(Consolidated Fee Ordinance) Page 21 537826.vl IX. PARKS AND RECREATION A. Pavilion Rental (excluding neighborhood parks) Boy/Girl Scouts No Fee Non-Profit Groups $5.00 per hour Residents $10.00 per hour Non Residents $25.00 per hour B. Wylie Wave Fees/Summer Program Fees Participant per week $75.00 Scholarship per week $15.00 (reduced lunch status) Scholarship per week $10.00 (free lunch status) Activity fee per week $15.00 (does not apply to scholarship participants) Cancellation fee (per week): Regular participant $35.00 (past deadline) Reduced lunch scholarship $15.00 (past deadline) Free lunch scholarship $10.00 (past deadline) Summer sports program fees: Track, per summer session $100.00 Tennis, per summer session $100.00 Tennis minicamps, per session $75.00 Minihawk (ages 4-7), one week $100.00 Regular Skyhawks, one week $100.00 Regular Skyhawks, Parent and Me, one week .$45.00 C. Athletic Field Reservation Fees. Per person, per sport season, 18 and under $5.00 Per person, per sport season, 19 and older $10.00 Athletic field light per hour/per field $18.00 Tournament or single use—per field reservation $10.00 per hour+ lights Light Key $100.00 deposit Late payment fee (athletic fields) Amount owed+ 10% D. Community Center Rental Fees. (2 hour minimum) ($100.00 deposits required on large events) Room Rental: Boy scouts/Girl scouts No Charge Non-profit groups $12.50 per hour Residents $25.00 per hour Non residents $62.50 per hour Kitchen Use Fee: Amendment to Ordinance Nos.2009-12 and 1992-14(Consolidated Fee Ordinance) Page 22 537826.v1 Boy scouts/Girl scouts No Charge All others $25.00 per event Cancellation fee $50.00 (within ten(10)days of rental date) E. Continuing Education Classes. Yoga Full session, 20 classes (10 weeks 2x per week) $140.00 Half session $85.00 Drop in, per class $10.00 F. Park Land Dedication Fees. (Land Dedication—Minimum 5 acres and 5 acres per 100 lots.) Five or more lots per acre $1,500.00 per lot 3 or 4 lots per acre $2,000.00 per lot 1 or 2 lots per acre $3,000.00 per lot Apartment units $800.00 per unit X. WATER AND SEWER TAP FEES Water Tap $2500.00 (Residential or commercial) Wastewater Tap—0' to 8' deep $3000.00 Wastewater Tap—Greater than 8' deep Cost plus $310.00 Fire Hydrant Installation $3000.00 (In City ROW) Tap/Fire Hydrant Inspection $200.00 XI. FIRE DEPARTMENT A. Development Fees Residential Fire Development Fees $626.00 per lot Commercial Fire Development Fees $.30 cents per sq. ft. B. Annual Contractor Registration Fees After Hours Inspections $100.00 additional (before 8 a.m. and after 5 p.m.) Combustible Liquid Storage Tanks $100.00 Fire Sprinkler Backflow $100.00 Hazardous Materials Storage $100.00 Hydrant Flow $100.00 Overhead Sprinkler $100.00 Paint Booth $100.00 Re-inspection Fee $75.00 Temporary Structure $100.00 Amendment to Ordinance Nos.2009-12 and 1992-14(Consolidated Fee Ordinance) Page 23 537826.v1 Underground/Above Ground Storage Tanks $100.00 Underground Sprinkler $100.00 Vent-A-Hood $100.00 C. Permit Fees Aircraft Refueling Vehicles (annual) $25.00 Asbestos Removal (per job) $25.00 Assembly $25.00 (parties with 50 or more guests including weddings) Automobile Wrecking Yard (annual) $25.00 Backflow $10.00 Bowling pin or Alley Refinishing Job (per job) $25.00 Burn Permit $25.00 Candles and Open Fames in Assembly Areas (annual) $25.00 Carnivals and Fairs $50.00 Cellulose Nitrate Film (annual) $25.00 Cellulose Nitrate Storage (annual) $25.00 Combustible Fiber Storage (annual) $25.00 Combustible Material Storage (annual) $25.00 Commercial Fire Alarm Installation Permit (Per building) Less than 10 devices $50.00 11 to 25 devices $75.00 25 to 100 devices $150.00 100 to 200 devices $200.00 More then 200 devices $400.00 Commercial Limited Access Security Gates and Perimeter Fencing $100.00 Commercial Rubbish Handling Operation (annual) $25.00 Compressed Gasses (annual) $25.00 Cryogens (annual) $25.00 Dry Cleaning Plants (annual) $25.00 Dust-Producing Operations (annual) $25.00 Explosives and Blasting Agents (annual or per job) $25.00 Fireworks Event (per event) $500.00 Fire Sprinkler Overhead Permit (suppression system) (per sq. ft.of building area) 0- 100,000 sq. ft $0.015 per sq. ft 100,001 -300,000 sq. ft $.014 per sq. ft ($1,500 for the first 100,000 sq. ft.plus$0.014 for each additional sq. ft. of area or fraction thereof.) 300,001 + sq. ft $0.009 per sq. ft ($4,200 for the first 300,000 sq. ft.plus$0.009 for each additional sq. ft.of area or fraction thereof.) (includes two inspections per system and on re-inspection) Fire Sprinkler Underground Permit (suppression system) $250.00 (Includes three inspections per system: Visual,Hydrostatic Test,Flush and one re-inspection.) Fruit Ripening(annual) $25.00 Fumigation or Thermal Insecticidal Fogging(annual) $25.00 Hazardous Production Materials (annual) $25.00 High Piled Combustible Storage $25.00 per building Amendment to Ordinance Nos.2009-12 and 1992-14(Consolidated Fee Ordinance) Page 24 537826.v1 Hydrant Flow Test $50.00 (2 hydrants) Hydrant Installation $50.00 (per installation) Liquid or Gas Fueled Vehicles or Equipment in Assembly Building (annual or event) $25.00 Lumber Yard (annual $25.00 Magnesium Working(annual) $25.00 Mall, Covered (annual or event) $25.00 Organic Coatings (annual) $25.00 Ovens, Industrial Baking and Drying(annual) $25.00 Paint Booth $50.00 Radioactive Material (annual) $25.00 Refrigeration Materials (annual) $25.00 Spaying or Dipping(annual) $25.00 Special Fire Suppression System Permit $75.00 Temporary Structure $25.00 per tent (tents and temporary membrane structures) Tire Storage (annual) $25.00 Trench Burns $500.00/$100.00 ($500 initial and$100 per re-inspection) Underground/Above Ground Storage Tanks $250.00 (Includes flammable and combustible liquid storage and liquefied petroleum gas,per tank) Vent-A-Hood $50.00 Welding and Cutting Operations $50.00 (annual fixed occupancy or per job) D. Plan Reviews 1 — 100,000 sq. ft $0.02 cents per sq. ft. (per sq. ft. of building area,minimum$60.00) 100,001 —300,000 sq. ft $0.17 cents per sq. ft. ($3,500 for the first 100,000 sq. ft.plus$0.017 for each additional sq. ft.) 300,001 + sq. ft $0.01 cent per sq. ft. ($6,900 for the first 300,000 sq.ft.plus$0.01 for each additional sq. ft.) E. Annual Alarm Permit Fees Burglar Alarm Permit Fee $50.00 (commercial or residential) Other Alarms Permit Fee $50.00 (All alarm systems that are not burglar alarms, including,but not limited too,panic,fire,and EMS alarms,whether commercial,residential or otherwise.) False Alarm Notification Fee $50.00 (If after three(3)false alarms in the twelve month period immediately preceding any false alarm,the permit holder shall be assessed a service fee of$50.00 for such false alarm.) Amendment to Ordinance Nos.2009-12 and 1992-14(Consolidated Fee Ordinance) Page 25 537826.v 1 XII. MUNICIPAL COURT Municipal Court Building Security Fee $3.00 Municipal Court Technology Fund $4.00 Driving Safety Course Administrative Fee $10.00 Warrant Fee $50.00 Consolidated Court Costs $40.00 Judicial Fee County .$5.40 City $.60 Arrest Fee $5.00 State Jury Fee $4.00 Time Payment Fee—Efficiency $2.50 Time Payment Plan Local $10.00 State $12.50 Traffic Fund $3.00 State Traffic Fee $30.00 Administrative Fee $20.00 Consolidated Court Costs $17.00 Corrections Management Fee $.50 Fugitive Apprehension $5.00 Juvenile Delinquency $.50 Judicial Training $2.00 Child Safety Fee $25.00 Indigent Defense Fee $2.00 School Crossing Guard Fee $20.00 Juvenile Crime/Delinquency Act $.25 Compensation to Victims Crime Fund $35.00 Amendment to Ordinance Nos.2009-12 and 1992-14(Consolidated Fee Ordinance) Page 26 537826.v I Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13, 2009 Item Number: 4 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: Date Prepared: October 6, 2009 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Resolution No. 2009-28(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the completion of Antiquities Permit #5296 for the construction of FM 1378 from FM 544 to Brown Street. Recommendation Motion to approve Resolution No. 2009-28(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the completion of Antiquities Permit #5296 for the construction of FM 1378 from FM 544 to Brown Street. Discussion In 1999 Collin County funded the design of FM 1378 from FM 544 to Brown Street. The roadway was owned by the Texas Department of Transportation (TxDOT) and included some funding through the Federal Highway Administration and during the design process, environmental studies were completed which identified a historically significant site. TxDOT did not have sufficient funding for the construction of the project and as a result the City and County secured funding through the Regional Toll Revenue Funding Initiative. In January 2009 TxDOT released ownership of the roadway to the City of Wylie which accelerates the construction process and results in a lower construction cost. A cultural resource survey was completed in 2005 by PBS&J within the future right of way of FM 1378 at the Muddy Creek crossing. Additional testing was performed in 2006, 2007, and 2009 by Geo-Marine, Inc. (GMI). Prehistoric artifacts were found at the site dating back to between A.D 1000 — 1200 and the site has been recommended for inclusion in the National Register of Historic Places. Because the roadway is no longer owned by TxDOT, the Antiquities Permit associated with the site must be transferred to the City of Wylie and the loss of the site must be mitigate through additional data recovery efforts. GMI has submitted a proposal for the completion of the Antiquities Permit (copy attached) and Collin County has agreed to fund half of the cost. The proposal includes the transfer of the responsibility for the Anitquities Permit, completion of excavation, report generation, curation of materials, and public outreach. The public outreach component includes the development of an exhibit to be displayed at City Hall as well as presentations Page 1 of 2 Page 2 of 2 at Wylie High School. The field excavation will be completed within 45 days after a notice to proceed and the completion of the final report and public outreach will be completed within a year. The paving project can be constructed once the excavation is complete. Total cost to complete the permit is $247,926.27. Approved By Initial Date Department Director CH 10/06/09 City Manager �� t Ol1 f 09 RESOLUTION NO. 2009-28(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE COMPLETION OF ANTIQUITIES PERMIT #5296 FOR THE CONSTRUCTION OF FM 1378 FROM FM 544 TO BROWN STREET. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the interlocal agreement between Collin County and the City of Wylie concerning the completion of Antiquities Permit #5296 for the construction of FM 1378 from FM 544 to Brown Street, SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 13th day of October, 2009. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution 1 EXHIBIT "A" Interlocal Agreement Resolution 2 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE COMPLETION OF ANTIQUITIES PERMIT#5296 FOR THE CONSTRUCTION OF FM 1378 FROM FM 544 TO BROWN STREET 1999 BOND PROJECT#99-102 WHEREAS,the County of Collin,Texas("County")and the City of Wylie,Texas("City")desire to enter into an agreement concerning the completion of Antiquities Permit#5296 for the FM 1378 project from FM 544 to Brown Street(the"Project")in Collin,Collin County,Texas;and WHEREAS,the Interlocal Cooperation Act(Texas Government Code Chapter 791)authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act;and WHEREAS,the City and County have determined that the improvements may be constructed most economically by implementing this agreement. NOW,THEREFORE,this agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall contract with a firm to complete Antiquities Permit#5296 for the FM 1378 project from FM 544 to Brown Street,hereinafter called the"Project". The Project shall consist of field excavation,analysis,draft and final report,curation of materials,installation of exhibit and lectures at Wylie High School. ARTICLE II. The City estimates the total cost to complete Antiquites Permit#5296 to be$247,926.27. The County agrees to fund one half of the cost to complete the permit in an amount not to exceed$123,963.14. The County shall remit 100 percent of this amount to the City within thirty(30)days after the City executes a contract for the completion of the permit and the City requests payment or upon the availability of bond funds for this Project,whichever occurs later. Following completion of the Project,the City shall provide a final accounting of expenditures for the Project. If the actual cost to construct the Project is less than the estimated amount set forth herein,the City shall remit the County 50 percent of the difference between the estimated cost and the actual cost. The Commissioners Court may revise this payment schedule based on the progress of the Project. The"total cost of the Project"shall include land acquisition,engineering, construction,inspection,testing,street lighting,and construction administration costs including contingencies. ARTICLE III. The County's participation in the Project shall not exceed$123,963.14. ARTICLE IV. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty(30)days until Project completion. ARTICLE V. 1 The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VI. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW,EACH PARTY AGREES TO RELEASE,DEFEND,INDEMNIFY,AND HOLD HARMLESS THE OTHER(AND ITS OFFICERS, AGENTS,AND EMPLOYEES)FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES(INCLUDING DEATH),PROPERTY DAMAGES (INCLUDING LOSS OF USE),AND ANY OTHER LOSSES,DEMANDS,SUITS,JUDGMENTS AND COSTS,INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES,IN ANY WAY ARISING OUT OF,RELATED TO,OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT,OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS,AGENTS, EMPLOYEES,OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE)IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE VII. VENUE. The laws of the State of Texas shall govern the interpretation,validity,performance and enforcement of this agreement. The parties agree that this agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County,Texas. ARTICLE VIII. SEVERABILITY. The provisions of this agreement are severable. If any paragraph,section, subdivision,sentence,clause,or phrase of this agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE IX. ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. ARTICLE X. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto,their successors,heirs,personal representatives and assigns. Neither party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XI. IMMUNITY. It is expressly understood and agreed that,in the execution of this agreement, neither party waives,nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this agreement,the parties do not create any obligations,express or implied,other that those set forth herein,and this agreement hall not create any rights in parties not signatories hereto. ARTICLE XII. 2 TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This agreement shall automatically renew annually during this period. APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS By: By: Name: Name: Title: Title: County Judge Date: Date: Executed on this day of 2009,by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF ,TEXAS By: By: Name: Name: Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Title: City Attorney Date: 3 Jr Texas Department of Transportation DEWITT C.GREER STATE HIGHWAY BLDG.•125 E.11TH STREET•AUSTIN,TEXAS 78701-2483•i512)463-8585 February 4, 2008 Ms. Ruth Toahty, �w A NAGPRA Coordinator I-`"( Comanche Nation of Oklahoma '6: P.O. Box 908 Lawton, OK 73502 RE: Texas Department of Transportation Proposed Projects, National Register of Historic Places Eligibility Testing; Collin County, Dallas District: CSJ: 0619-06-007; FM 1378, Roadway Realignment CSJ: 1012-03-013; FM 981, Bridge Reconstruction Dear Ms. Toahty: The above referenced transportation project is being considered for construction by the Federal Highway Administration (FHWA)and the Texas Department of Transportation (TxDOT). Environmental studies are in the process of being conducted for this project. The purpose of this letter is to contact you in order to initiate Section 106 consultation with your community pursuant to stipulations of the First Amended Programmatic Agreement among the Federal Highway Administration, the Texas Department of Transportation, the Texas State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding the Implementation of Transportation Undertakings (PA-TU). The project is located in an area that is of interest to your tribe. The proposed projects would realign FM 1378 (CSJ: 0619-06-007)and reconstruct a bridge along FM 981 (CSJ: 1012-03-013)in Collin County. FM 1378 would be widened and relocated west of its current location, to create a perpendicular intersection at FM 544. This work would occur between FM 544 and FM 3412, extending 0.76 mile. The typical right of way(ROW)along FM 1378 is currently 80 feet in width; the ROW will be expanded to the west of the existing ROW to a maximum of 145 feet in width. In total, 13.5 acres of new ROW will be acquired. The project's horizontal area of potential effects(APE) thus includes the existing and proposed ROW. Maximum depth of impacts may extend to 15 feet below the modern ground surface at the crossing of Muddy Creek, where the banks of the creek may be cut. FM 981 would have a bridge reconstructed at Desert Creek. The existing bridge would be reconstructed and the approaches to the bridge would be widened. This project is approximately 0.15 mile (0.24 kilometer) in length. ROW will increase in width from the existing 90 feet to a proposed 165 feet, —�� , 6 � 5 o6- o6 7. /6i —a3—o(3 files) L.)1 ,VAGP4A+ evdi.c Re: Section 106 Consultation, Eligibility Testing, National Historic Preservation Act; Texas Department of Transportation Proposed Projects, Collin County, Dallas District: CSJ: 0619-06-007; FM 1378. Roadway Realignment; CSJ: 1012-03-013; FM 981. Bridge Reconstruction requiring 1.07 acres of new ROW. This project's horizontal APE includes the existing and proposed ROW. Impacts may extend to 15 feet below the modern ground surface at the crossing of Desert Creek, where the banks of the creek may be cut. The concrete piers supporting the bridge will be sunk to a depth in excess of 40 feet below the modern ground surface. Cultural resources surveys were conducted by PBS&J in 2005 during which two archeological sites were discovered. Site 41COL172 is located in ROW adjacent to Muddy Creek along FM 1378 near Wylie, Texas. Site 41 COL173 was discovered adjacent to Desert Creek along FM 981 near Blue Ridge, Texas. Initial survey by PBS&J yielded no cultural remains until backhoe trenching was conducted. Both sites were deeply buried and only discovered by trenching along the creek banks. A paleosol was uncovered at both sites, at approximately 180 centimeters below surface (cmbs)(5.9 feet)at site 41COL172 and 100 cmbs (3.28 feet) at site 41 COL173. The PBS&J work during the summer of 2005 identified deeply buried prehistoric sites within the proposed APE for both projects. The APE includes the terrace edges immediately adjacent to both Muddy Creek at FM 1378 and Desert Creek at FM 981. Geo-Marine, Inc. (GMI) undertook additional test excavations in 2006 and 2007. The 2006 testing program conducted at both sites consisted of mechanical trenching, followed by hand excavation of test units in selected areas. Site 41 COL172 possessed an extraordinary level of preservation in combination with a diagnostic ceramic sherd and other in situ cultural materials. Site 41COL173 yielded two diagnostic projectile points from intact deposits in addition to higher than expected frequencies of burned clay/earth fragments. Thus, the preliminary interpretation was that these two sites were thought to have the potential to provide important information that would ultimately further our understanding of the Late Prehistoric period in the region. Additional test excavation in the form of 2-x-2-meter blocks was conducted at both sites in 2007. The investigations conducted at site 41COL172 reveal that the site covers approximately 661.5 square meters, or 0.16 acre, within the APE and was occupied repeatedly in the Late Prehistoric period (A.D. 700-1600). The occupation was apparently on a terrace along Muddy Creek. The diagnostic artifacts—projectile points and ceramic wares—indicate that the site was likely occupied between A.D. 1200 and 1300. The ceramic wares, Pennington Punctated Incised and the untyped shell-tempered sherds, could reflect an earlier presence, perhaps as early as A.D. 1000. The presence of the Perdiz arrow points, however, suggests a slightly later timeframe (Peter and McGregor 1988). The presence of bison within the faunal assemblage also indicates a post-A.D.1200 date. Given the lack of good chronometric dates for this period of occupation in Northcentral Texas, site 41COL172 offers multiple charcoal samples for accurate dating. The 2007 investigations revealed that site 41COL172 is a multicomponent site with the presence of temporally discrete occupations. The assessment of the site indicates that conditions are favorable for above average preservation of faunal material, resulting in the positive identification of bison remains. Site 41COL172, with discrete components, diagnostic lithic and ceramic artifacts, and a substantial dateable feature with preserved faunal remains, can provide useable data with the potential of addressing issues of subsistence and resource 2 of 4 Re: Section 106 Consultation, Eligibility Testing, National Historic Preservation Act; Texas Department of Transportation Proposed Projects, Collin County, Dallas District: CSJ: 0619-06-007; FM 1378, Roadway Realignment; CSJ: 1012-03-013; FM 981, Bridge Reconstruction procurement, and can also potentially address issues of identity, lithic technology, and ceramic technology. Therefore, TxDOT finds that site 41 COL172 is eligible for inclusion in the National Register of Historic Places. Given that the site will be directly impacted by proposed construction of FM 1382, it is recommended that the-loss of the site be mitigated through additional data recovery efforts designed to collect information relevant to regional research domains. Conversely, the tested portion of site 41COL173 within the proposed APE (367.9 square meters, or 0.09 acre) exhibited a very low-density artifact assemblage that will not contribute significantly to our understanding of the Late Prehistoric use of the region. There was no evidence of the possibiliti of cultural features within the portion of the site within thee APE. Although the paleosol present on the site provided the potential for intact remains, the artifact recovery was inadequate to provide data sufficient for a significant contribution to our understanding of regional prehistory. Nevertheless, the possibility exists that the site continues beyond the right of way because most of the 2007 recovery was adjacent to the southern boundary of the APE and it is presumed the site continues southward. Therefore, the portion of site 41COL173 within the APE is recommended as ineligible for inclusion in the National Register of Historic Places, and no further work is recommended at site 41 COL173 within the right of way. A copy of the eligibility testing report is enclosed for your review. I am writing to request your concerns regarding historic properties of cultural or religious significance to your tribe that may be affected by the proposed undertaking. We will take the information provided into account during planning. TxDOT also seeks your concurrence with the following findings and recommendations. • First, site 41COL173 is not eligible for inclusion in the National Register of Historic Places and no archeological historic properties would be affected by work along FM 981 (CSJ 1012-03-013). No further work or consultation is required for this project. • Second, site 41COL172 is eligible for inclusion in the National Register of Historic Places. If the realignment of FM 1378(CSJ 0619-06-007)cannot avoid the site, TxDOT will undertake data recovery investigations to resolve the adverse effects of its project on the site. Prior to beginning any such investigations, TxDOT will consult with your tribe about the content of the research design. According to our Programmatic Agreement under Section 106 of the National Historic Preservation Act, we are writing to request your comments on historic properties of cultural or religious significance to your tribe that may be affected by the proposed undertaking. Any comments you may have on the TxDOT recommendation should also be provided. Please provide your comments within 30 days of receipt of this letter. Any comments provided after that time will be addressed to the fullest extent possible. If you do not object with the proposed findings and recommendations, please sign below to indicate your concurrence. • 3of4 Re: Section 106 Consultation, Eligibility Testing, National Historic Preservation Act; Texas Department of Transportation Proposed Projects, Collin County, Dallas District: CSJ: 0619-06-007; FM 1378, Roadway Realignment; CSJ: 1012-03-013; FM 981, Bridge Reconstruction Thank you for your attention to this matter. If you have questions, please contact Barbara Hickman (TxDOT Archeologist) at 512/416-2637(email: bhickman@dot.state.tx.us)or me at 512/416-2631 (email: spletka@dot.state.tx.us). Sincerely, CC3t) -- Scott Pletka, Ph.D., RPA, Supervisor Archeological Studies Branch Environmental Affairs Division • Concurrence by: Date: Attachments cc w/attachments: Barbara Maley, Environmental Coordinator FHWA; Dan Perge, TxDOT Dallas District Environmental Coordinator; Margaret Canty, ENV-PM TxDOT; Barbara Hickman, ENV-ARCH TxDOT; ENV-ARCH Project File cc w/o attachments: ETS Scan 4 of 4 The attached letter was sent by Express Mail to the following tribes on February 4, 2008 Ms. Ruth Toahty, Mr. Dewey Tsonetokoy, Sr., NAGPRA Coordinator Cultural Preservation/NAGPRA Office Comanche Nation of Oklahoma Kiowa Indian Tribe of Oklahoma P.O. Box 908 P.O. Box 369 Lawton, OK 73502 Carnegie, OK 73015 Mr. Carleton Naiche-Palmer, President do Holly Houghten Mr.Anthony Street, President Mescalero Apache Tribe Tonkawa Tribe of Indians of Oklahoma P.O. Box 227 1 Rush Buffalo Rd Mescalero, NM 88340 Tonkawa, OK 74653 cr•.O-MARINE IN('ORPORATH;o 2201 Avenue K, Suite A2, Plano, TX 75074-5708 ph: 972.423.5480 fax: 972.422.2736 1ro�rr�.geo-marine(OM 28 August 2009 Mr. Chris Hoisted,P.E. City Engineer 949 Hensley Lane Wylie, Texas 75098 SUBJECT: Geo-Marine Proposal for Completion of Antiquities Permit No. 5296, Data Recovery Site 41COL172 Dear Mr. Hoisted: Please find attached°Geo-Marine's proposal for the completion of data recovery At site 41COL172 as stipulated in Antiquities Permit No. 5296. Our proposal includes the following actions: • Tranfer of responsibility for the Antiquities Permit • Notification of completion of excavation • Completion of the field excavation • Analysis,report generation,and curation of all materials • Public outreach element • Proposed Schedule I have also attached an Excel Workbook that includes three tabs: 1. Summary of Costs,2. Excavation Costs,and 3.Analysis, Report, and Public Outreach Costs. We can work with either a firm-fixed price contract or a time and materials contract. If you have any questions,please contact me at our Plano office. Sincerely, „tf Duane E. Peter Vice President,Cultural Resources Division Cc: Ruben E. Delgado, P.E. ENVIRONMENTAL AND ENGINEERING SERVICES TEXAS I VIRGINIA I WASHINGTON I TENNESSEE I NORTH CAROLINA I NEW JERSEY I UTAH PLAN FOR COMPLETION OF ANTIQUITIES PERMIT # 5296 DATA RECOVERY AT SITE 41COL172 Transfer of Responsibility for Antiquities Code Permit#5296 from TxDOT to Ciry of Wylie Geo-Marine will compose a letter advising the Texas Historical Commission (THC) of the change in authority regarding the maintenance and construction of FM1398 and requesting THC to note in their records that the City. of Wylie should replace the Texas Department of Transportation(TxDOT) as the sponsoring owner. Completion of Field Excavation The research design accepted by TxDOT and the THC called for the controlled excavation of 16 m3 of archeological matrix. At the time of the order to cease excavation, approximately 5.0 m3 of site matrix had been removed,therefore, leaving approximately 11 m3 to remove. The large block excavation was then backfilled for safety reasons. Completion of the excavation of site 41 COL 172 will,therefore, involve the removal of the backfilled material in a limited area and the excavation of 11 m3 of archeological matrix. The excavation will take place by first removing approximately 1.5 m of overburden with a small trackhoe in a rectangular area measuring 15-x-10 m. This area will be centered over the 2009 block excavations and the 2007 Trench 9 excavations and will include at least two meters on any side to maintain safe working conditions for field crew during controlled excavations. In order to place the 15-x-10 m excavation block, the Project Archeologist will locate and mark the perimeter of the planned block by measuring from three datum points that were placed in the ground during the 2009 field season. Once the trackhoe excavation is complete, the Project Archeologist and four crew members will remove any remaining overburden with shovels and wheelbarrows in order to safely expose the previous excavations without causing unnecessary harm to the in situ cultural deposits that are known to be still within the unexcavated portion of the block. Controlled excavation will then focus on the remainder of the 2009 excavations that consist of 12 one-meter squares. Five additional one-meter squares will be placed and excavated adjacent to the 2007 excavations. All fill from the controlled excavations will be screened through I/4 inch hardware cloth in order to recover any artifacts contained within the excavation unit. Excavations will be conducted in 5-cm levels to allow the definition of vertical variability. Additionally, the maximum horizontal spatial provenience of recovered archeological materials will be a 50-x-50 cm quadrat within each one-meter unit. Piece-point plotting will be conducted with a total station and on level maps whenever possible. Controlled excavations will conclude after a total of 11 m3 of fill has been excavated. The entire excavation block will then be filled to level grade through the use of a small dozer. Formal Notification of Completion of Field Excavation Upon completion of the field excavation, Geo-Marine will compose a letter summarizing the excavation effort and requesting THC concurrence that the excavation portion of the Antiquities Permit is complete and that construction activities may proceed while the analysis and reporting is completed. Analysis and Generation of Report Geo-Marine will analyze all materials recovered to address the regional research questions presented in the original research design (Attachment 1). Geo-Marine will supervise all analyses and will provide a complete report meeting or exceeding THC requirements and the Council of Texas Archeologists guidelines for reports. Ten copies of the report will be presented to the City of Wylie and the required two copies of the report and a CD-ROM with a tagged pdf of the report will be submitted to the THC. All artifacts and associated records will be curated at the Texas Archeological Research Laboratory at the University of Texas at Austin. The draft report will be submitted for review by the City and the THC. The THC usually needs 30 days for the review of such documents. Public Outreach Element Geo-Marine, Inc. will work with the City Manager of the City of Wylie to develop a display regarding the finds at 41COL172. This display will be modular in design so that it may be used at City Hall and then rotated within the public library system. The display will focus on the Late Prehistoric inhabitants of the Wylie area. Geo-Marine also proposes to provide a presentation to selected classes at the nearby Wylie High School to acquaint local youth with the prehistory of the region. Proposed Schedule Transfer of Responsibility for Antiquities Permit within five days of NTP Completion of Field Excavation within 45 days of NTP Analysis and Generation of Draft Report within 210 days of end of fieldwork Receipt of THC comments within 30 days of draft report submission Production of Final Report within 45 days of receipt of comments Curation of all Materials within 45 days of final report submission Installation of Exhibit within 365 days of NTP Lectures at Wylie High School within 365 days of NTP PROJECTED BUDGET FOR COMPLETION OF ANTIQUITIES PERMIT #5296 DATA RECOVERY SITE 41 COL172 FIELD EXCAVATION $63,490.11 ANALYSIS/REPORT/PUBLIC OUTREACH $184,436.16 TOTAL $247,926.27 Geo-Marine, Inc, RATES PROJECT: SITE 41COL172--FIELD EXCAVATION NEGOTIATED: DATE: 28-Aug-09 Labor UNIT UNIT LABOR CATEGORY QUANTITY MEASURE PRICE AMOUNT Program Director 35 HR 196.63 6,882.05 PI-Archeology 0 HR 90.96 0.00 PI-History 0 HR 84.91 0.00 Project Archeologist 160 HR 63.53 10,164.80 Project Historian II 0 HR 68.19 0.00 Osteologist 0 HR 57.15 0.00 Field Supervisor 0 HR 52.94 0.00 Field Tech 544 HR 42.35 23,038.40 Laboratory Supervisor 16 HR 54.18 866.88 Laboratory Tech 20 HR 45.83 916.60 GIS Specialist 0 HR 60.50 0.00 Report Production 0 HR 57.81 0.00 Editor 0 HR 69.25 0.00 Asst. Program Manager 2 HR 77.89 155.78 LABOR TOTALS 42,024.51 SUBCONTRACTORS Backhoe 8 HR 195.00 1,560.00 Mob/Demob 1 EA 250.00 250.00 Dozer w/Operator 1 EA 850.00 850.00 Silt Fence 1 EA 327.00 327.00 Charles Frederick(Geologist) 16 HR 60.00 960.00 TOTAL SUBCONTRACTING COSTS 3,947.00 TRAVEL DESCRIPTION U/M 2UANTITI RATE TOTALS LOCAL MILEAGE MILES 400 0.550 220.00 PER DIEM-LODGING DAY 86 85.00 7,310.00 PER DIEM-MEALS DAY 66 54.00 3,564.00 PARKING DAY 0 10.00 0.00 AUTO RENTAL DAY 21 70.00 1,470.00 AIR FARE RT 0 315.00 0.00 0.00 TOTAL TRAVEL COSTS 12,564.00 OTHER DIRECT COSTS DESCRIPTION U/M UANTITI RATE TOTALS GPS Useage Day 0 $25.00 0.00 Digital Camera Day 0 25.00 0.00 Total Station Rental Month 1 1,120.00 1,120.00 Portable Restroom Month 1 123.00 123.00 Field Supplies Lot 1 50.00 50.00 Site Form Registration Each 0 29.00 0.00 Curation Drawer 0 1,587.00 0.00 Shipping/Courier PKG. 0 20.00 0.00 TARL Search Hour 0 35.50 0.00 Printing/Draft Pages 0 0.12 0.00 Printing/Final Pages 0 0.19 0.00 SUBTOTAL OTHER DIRECT COSTS 1,293.00 G&A ON TRAVEL&OTHER DIRECT COSTS 25% $3,464.25 G&A ON SUBCONTRACTORS 5% $197.35 TOTA.oUTIAiIATED COST $63,490.11 PROPRIETARY INFORMATION Geo-Marine,Inc, RATES PROJECT: SITE 41COL172--ANALYSIS,REPORT,PUBLIC OUTREACH ELEMENT NEGOTIATED: DATE: 28-Aug-09 Labor . UNIT UNIT LABOR CATEGORY QUANTITY MEASURE PRICE AMOUNT Program Director 52 HR 196.63 10,224.76 PI-Archeology 124 HR 90.96 11,279.04 PI-History 0 HR 84.91 0.00 Project Archeologist 760 HR 63.53 48,282.80 Project Historian II 0 HR 68.19 0.00 Osteologist 0 HR 57.15 0.00 Field Supervisor 0 HR 52.94 0.00 Field Tech HR 42.35 0.00 Laboratory Supervisor 234 HR 54.18 12,678.12 Laboratory Tech 624 HR 45.83 28,597.92 GIS Specialist 72 HR 60.50 4,356.00 Report Production 56 HR 57.81 3,237.36 Editor 108 HR 69.25 7,479.00 Asst.Program Manager 2 HR 77.89 155.78 LABOR TOTALS 126,290.78 !SUBCONTRACTORS . Backhoe HR 195.00 0.00 Mob/Demob ' EA 250.00 0.00 Dozer w/Operator EA 850.00 0.00 Silt Fence EA 327.00 0.00 Ceramic Analyst 1 EA 2500.00 2,500.00 Macrobotanical Analysis 10 EA 125.00 1,250.00 Faunal Analyst 240 HR 25.00 6,000.00 Molluscan Analysis 164 HR 30.00 4,920.00 Creative Images (Exhibit Design and Fabrication) 1 LOT 10700.00 10,700.00 Sediment Analysis 25 EA 125.00 3,125.00 Charles Frederick(Geologist) 40 HR 60.00 2,400.00 TOTAL SUBCONTRACTING COSTS 30,895.00 TRAVEL DESCRIPTION U/M JUANTITI RATE TOTALS LOCAL MILEAGE MILES• 100 0.550 55.00 PER DIEM-LODGING DAY 85.00 0.00 PER DIEM-MEALS DAY 54.00 0.00 PARKING DAY 10.00 0.00 AUTO RENTAL DAY 70.00 0.00 AIR FARE RT 315.00 0.00 0.00 TOTAL TRAVEL COSTS 55.00 OTHER DIRECT COSTS DESCRIPTION U/M UANTITI RATE TOTALS Radiocarbon Dating(charcoal) Sample 8 595.00 4,760.00 Bone Collagen Dating Sample 2 685.00 1,370.00 Neutron Activation Analysis Sample - 5 75.00 375.00 Stable Carbon Analysis Sample 15 88.00 1,320.00 Laboratory Supplies Lot 2 50.00 100.00 Site Form Registration Each 1 29.00 29.00 Curation Drawer 6.5 1,587.00 10,315.50 Shipping/Courier PKG. 8 20.00 160.00 TARL Search Hour 0 35.50 0.00 Printing/Draft Pages 1500 0.12 180.00 Printing/Final Pages 10,000 0.19 1,900.00 SUBTOTAL OTHER DIRECT COSTS 20,509.50 G&A ON TRAVEL&OTHER DIRECT COSTS 25% $5,141.13 G&A ON SUBCONTRACTORS 5% $1,544.75 TOTAL ESTIMATED COST $184,436.16 GEO-MARINE,INC. PROPRIETARY INFORMATION ATTACHMENT 1 RESEARCH PLAN FOR MITIGATION OF SITE 41COL172 Site 41COL172 The testing of site 41COL172 included the excavation of 14 deep backhoe trenches within the newly proposed ROW for the realignment of FM 1378. Based on the observed stratigraphy, surficial microtopography of the ROW, and the aerial photographs of the site area, it appears that a former filled channel of Muddy Creek is the southern boundary of the site (Figure 1). This filled paleochannel rings the western, southern, and eastern boundaries of an in situ alluvial terrace composed of the Pilot Point alloformation and the location of site 41COL172. A new bridge to be constructed for the realignment of FM 1378 would effectively truncate the southern half of the in situ terrace. The known extent of site 41COL172 within the ROW will be destroyed by these construction activities. The two seasons of excavation indicate that site 41COL172 is a Late Prehistoric site with excellent preservation of multiple components within the late Holocene sediments. Although the stratigraphic relationships among the block excavations remain to be fully defined, it is apparent that a Late Prehistoric component dating to A.D. 1200-1300 is present. The temporal alignment of the earlier component within Block 4 is unknown at this time. The only known fact is that it predates the paleosol by a period of time and thus predates the cultural component or components associated with the paleosol. The presence of a single ceramic sherd attributable to the type Pennington Punctated-Incised has provided a tentative date range of roughly A.D. 1000-1200. These dates coincide well with the introduction of Caddo-related ideology into the area, if not Caddo explorers/immigrants themselves. This ceramic type is rare to uncommon, and its presence on such a seemingly small site is of particular interest. The presence of Perdiz and Perdiz/Alba projectile points indicates that the timeframe for at least one component is more likely A.D. 1200-1300. The presence of the shell-tempered sherds is interesting, but they do little to tighten the chronology of the occupation. The preservation rate has allowed for the identification of many species of animals including bison and white-tailed deer. The bison remains are noteworthy because there are few sites containing such combinations of bison remains and early Caddo-influenced pottery documented within Northcentral Texas. The recovery of a utilized mussel shell fragment indicates prehistoric people on this site were engaged in activities that involved the use of mussel shells as tools of opportunity. The preservation level of the faunal assemblage is extremely good for Northcentral Texas; consequently, the site assemblage provides a level of information not normally encountered. Therefore,the contextual integrity of site 41COL172 is very good. In some areas,(e.g., Block 4), the presence of isolable components is very clear, while in other areas (Blocks 2 and 3), separation of the components will require good interpretive skills. Nevertheless, the recovered data from site 41COL172 present a glimpse at one segment of the seasonal round of Late Prehistoric peoples within the Blackland Prairie region of Northcentral Texas. Significance of Site 41COL172 Establishing the significance of site 41COL172 required an assessment of whether or not the data potentially present within the site would allow researchers to address pertinent regional research domains (Pleasant et al. 2007). Table 1 provides a list of seven research issues and data sets relevant to understanding site 41COL172 and its role in the prehistory of Northcentral Texas. In addition, specific classes of materials necessary to contribute information to the research domain are identified. The right two columns provide an assessment of the level of expectation that additional excavations will have in terms of providing data relevant to the research issues. Each of the seven research domains is briefly discussed in this section. Table 1. Data Sets Available at Site 41COL172 to Address Research Domains Research Domain Research Required Data Set Potential 1. Regional Culture History Diagnostic artifacts High Radiocarbon dates(cultural deposits) High 2. Paleoenvironmental Reconstruction Sediment texture and chemistry(from sediment samples) Collected Pollen potential(from sediment samples) Low Phytolith potential Unknown Snail species diversity(from sediment samples or flotation) Collected Macrobotanical remains(from sediment or flotation) Unknown Faunal remains potential High 3. Site Function Spatial pattern of artifacts High Investigation of possible house Unknown Identification of site function High 4. Settlement Pattern Structure Landscape setting Done Literature review Done 5. Subsistence Pattern Macrobotanical(feature flotation) Unknown Faunal studies High Butchering/animal processing High 6. Technological Pattern Stone tool manufacture Medium 7. Identity and Regional Exchange and Interaction •. Ceramics Medium Distant lithic resources utilization Unknown Regional Cultural Chronology One of the most significant research potential of site 41COL172 relates to the refinement of the regional cultural chronology. The existence of single-component sites in the upper reaches of the East Fork of the Trinity River with in situ diagnostic material is a rarity. The majority of the regional understanding of prehistory is based on multicomponent sites with mixed assemblages. Site 41COL172 immediately establishes testable hypotheses, because artifact types and styles are often time transgressive. Thus, the site has the unique ability to test the pre-established regional date ranges for these diagnostic artifacts. Although site 41COL172 has multiple components, they are stratigraphically separated, which preserves some of the integrity originally put forth for single-component sites. For example, the ability to chronometrically anchor the Pennington Punctated-Incised sherd from site 41COL172 will assist in the understanding of when the extension of Caddo influence entered the area. In order to further enhance the collective understanding of the regional cultural history, absolute dates will need to be associated with the diagnostic artifacts. Ideally, carbon from an annual plant from within feature contexts should be processed to obtain reliable chronometric dates. Several samples of datable carbon have been collected at site 41COL172 from this context within Feature 2, and carbon has been observed and collected in limited quantities from other areas of the site. The further collection of carbon for the purpose of radiocarbon dating must be a priority during the mitigation of site 41COL172. Paleoenvironmental Reconstruction The geomorphic field study, coupled with the radiocarbon dates as discussed above, will provide a temporal and environmental context for the archeological remains. Most of the studies can be derived from samples currently available from the test excavations. However, it is critically important that soil samples from the various geomorphic units be processed for texture and soil chemistry (organic carbon, calcium carbonates). These kinds of data provide insights into the nature of alluvial deposition and the extent of pedogenic transformation that have affected the sediments. It is strongly recommended that a sequence of samples paired from dated contexts be studied to provide this fundamental geomorphic baseline data for site 41COL172 where contextual integrity is good. Other proxies for environmental conditions are provided by plant pollen and phytolith (also known as bio-silica) remains that represent the preserved shape of plant cells. However, pollen is not generally well preserved in the alluvial sediments of Northcentral Texas, and phytolith morphology is still poorly understood as it relates to specific plant parts. Regardless, investigation into the presence and identification of pollen and phytoliths can provide basic information relating to the plant types present on site 41COL172.A limited set of samples will be analyzed to determine the potential for preservation. Snail diversity and density might be helpful in providing insights into past environmental conditions, since most species have a limited range of environmental tolerance. The processing of the 10-x-10-x-5-cm sediment samples previously collected from site 41COL172 may provide adequate information relating to localized environmental change. The success of this approach remains unassessed at this time, because the smallest species of snails may be susceptible to various turbation processes. Collection and identification of macrobotanical and faunal remains should be given a high priority. Site 41COL172 clearly exhibits excellent preservation of the faunal assemblage. Although the presence of defined features at site 41COL172 indicates the potential for charred plant remains, preservation of macrobotanical remains is presently unknown. Thus, relevant samples are available for potential paleoenvironmental reconstruction. Flotation remains will be examined by Dr. Phil Dering for the presence of plant remains. The potential research value of the faunal assemblage includes the analysis of data relating to seasonality such as tooth eruption and wear from the deer and bison remains. These data are important for developing insights into the function of site 41COL172, and ultimately its role in the regional settlement system employed by Late Prehistoric peoples in Northcentral Texas. Site Function The determination of site function is critical to the placement of these sites within the overall settlement pattern of the Late Prehistoric period. Significant quantities of both artifacts and features in primary, isolable contexts are essential for determining site function. The excavations at site 41COL172 revealed a sizable quantity of cultural materials and the presence of several features within isolable contexts or within contexts that are interpretable. Collection of additional data from site 41COL172 would expand the understanding of both lithic and ceramic technology as they were practiced on site. The decorated ceramic sherd from site 41COL172 may represent a trade vessel or a locally produced vessel. Excavation of the additional nearby units would provide the needed information to determine the factors behind the deposition of this sherd. For example, the McKellar hypothesis (Schiffer 1983:679) makes use of a correlation between the frequency and relative size of fragments from easily shattered materials to areas of primary use. The basic premise is that in the areas of primary use, "drop zones" frequently have higher proportions of smaller fragments, while "toss zones"tend to contain higher proportions of larger fragments. The same basic principle is often applied in lithic analysis, in that the locations with microdebitage present are more likely to be referred to as the knapping locale. Distributional analyses such as these may be conducted at site 41COL172. Settlement Patterns Presently, it is hypothesized that site 41COL172 represents a type of hunting and animal processing station that may have been used on a cyclical basis. The ability of site 41COL172 to provide information relating to the settlement patterns of the Late Prehistoric is directly connected to the understanding of the range of activities present on the site. Presently, the five block excavations provide a tantalizing glimpse of the range of activities represented The use of block excavation across the site will provide the necessary information to be able to identify the site function, and ultimately the site's role in the seasonal round of Late Prehistoric peoples. More importantly, examination of the raw materials used and the ceramic assemblage may reveal data important to an understanding of whether site 41COL172 represents the use of the area by a local population or by intruders from the Caddo region(Peter and McGregor 1988; Shafer 2006). Subsistence Practices The high level of preservation present at site 41COL172 provides a unique opportunity for the collection of a sizeable faunal assemblage. A sizeable faunal assemblage can be used to address research questions relating to subsistence practices through prey mortality analysis, consideration of foraging efficiency by prey choice as compared to diet breadth models and prey mortality, and the analysis of carcass exploitation(butchering procedures). The presence of such well-preserved fauna material indicates a high probability that floral evidence is likewise preserved on these sites. Consequently, the collection of sample columns for flotation from within these block excavations on site 41COL172 would provide the opportunity to capture and ultimately observe this material if present. One of the most significant questions in need of clarification relates to the presence of bison. There are only a few regional archeological sites dating to the Late Prehistoric with associated bison remains. Site 41COL172 has the opportunity to shed light on the relation between bison and Late Prehistoric peoples. Technological Patterns Technology and the processes prehistoric people used to convert raw materials into consumable goods is the basis for understanding behaviors of Late Prehistoric populations in the upper East Fork of the Trinity River. In light of the kinds of materials associated with these sites, future analysis should focus on issues relating to lithic and ceramic technologies. The ceramic sherd recovered from site 41COL172 possesses decorative motifs similar to those found farther east. The vessel type, paste, and method of construction indicate an East Texas influence. One of the questions that would help researchers better understand the nature of the relationship between local Late Prehistoric populations and Caddo peoples rests in the identification of the clay source(s) used to create this sherd. Recently, researchers have begun making strides toward identifying regional clay sources using instrumental neutron activation analysis (INAA). The faculties at the Missouri Research Reactor Center (MURR) at the University of Missouri have helped analyze the George C. Davis ceramic assemblage (Descantes et al. 2004). The analysis concluded that clays from multiple sources exhibiting potentially different ceramic recipes were used to make various Caddo pottery types. Thus, it is possible that Caddo potters reserved specific types of clays and/or combination of clays for specific types of vessels. Additional research is needed, but at present this avenue of research looks promising. One concern is that the similarities in the regional geology will prevent clear identification of isolated sources. Given the fact the Pennington Punctated-Incised ceramic type was defined at the George C. Davis site, it is possible that a comparable data set is presently available. If so, then this sherd could be analyzed and compared to the previously collected data to see if in fact it was fashioned using the same recipe. Thus, it could be possible to determine if the sherd from site 41COL172 was constructed with a recipe similar to that of other sherd assemblages in Texas through the results of INAA analysis. The Texas Archeological Research Laboratory is adding to this body of knowledge; it has completed the analysis of over 395 sherds from collections across Central Texas, including Caddo wares. Although results of these findings have not yet been published, undoubtedly the data will serve as an invaluable resource for clarifying some of the confusion relating to the distribution of ceramic wares in Central Texas. The analysis of the sherd from site 41 COL 172 could be added to and cross-referenced against these data as well. Another type of analysis that can be done is thin- sectioning of the ceramic sherd to determine construction technique and to confirm or negate the presence of a red-tinted exterior slip. Regional Exchange and Interaction There are no specific items that would be immediately labeled as exotics in the assemblage from site 41COL172. The absence of these remains limits insight into long-distance exchange. However, there are items present in the assemblage that represent exchange, for example, the ceramic sherd with decorative motifs. The type of exchange is presently unknown; it may represent a trade vessel or a locally manufactured ceramic vessel. More important in light of the recent publication of People of the Prairie: A Possible Connection to the Davis Site Caddo (Shafer 2006) is the issue of whether these sites merely represent outlier sites of Caddoan people to the east. The geographic distribution of artifacts that Shafer sees making up the southern Prairie Caddo model has no easily perceived corollary within the northern prairie. Caddoan traits have been previously noted at the Cobb-Pool site in Dallas County; however, Peter and McGregor (1988) argued that they represented trade or an adoption of ideas and not the actual movement of East Texas Caddo populations onto the prairie. Site 41COL172 offers additional data to apply to this important area of inquiry. As with the earlier investigations at the Cobb-Pool site (Peter and McGregor 1988), raw materials used for lithic and ceramic materials may be critical to this research issue. Summary Site 41COL172 is a multicomponent site cross-dated on the basis of recovered in situ diagnostic artifacts. The time ranges of these diagnostic artifacts overlap at the A.D. 1200-1300 timeframe. The site has the unique ability to address the majority of the research themes related to Northcentral Texas (see Table 1). Site 41COL172 can provide information that will aid in the reconstruction of paleoenvironments, regional culture history, settlement patterns, subsistence practices, lithic raw material use patterns, prehistoric technology pertaining to lithics and ceramics, intra- and interregional trade patterns, and insight into the complexities of the Late Prehistoric social systems. The assessment of the site has proven that conditions are favorable for above-average preservation of faunal material, resulting in the positive identification of bison remains. This fact further enhances the research potential of the site, because faunal preservation can also be used to address issues of paleoenvironmental reconstruction and regional prehistoric biogeography. Site 41COL172 has the unique ability to address multiple questions about this time period because of the potential discreteness of the occupations and the excellent preservation. Nearly all of the sites reviewed during the literature search pertaining to this time period were multicomponent sites with various discussions about the extent of the admixture of the observed components. Site 41COL172, with discrete components, can provide useable data with the potential of addressing issues of subsistence and resource procurement,which the former sites fail to do. The site can also potentially address issues of identity, lithic technology, and ceramic technology. Additionally, site 41COL172 meets qualifications set forth in the Texas Historical Commission planning document,Archeology in the Eastern Planning Region, Texas:A Planning Document(Kenmotsu and Perttula 1993),that urges greater attention be given to small ephemeral sites with low artifacts densities but excellent contextual integrity. Therefore, site 41COL172 has been recommended as eligible for inclusion in the National Register of Historic Places. Given that the site will be directly impacted by proposed construction of FM 1382, it is recommended that the loss of the site be mitigated through additional data recovery efforts designed to collect information relevant to the research domains discussed above. This recommendation is made per requirements of 13 TAC 26.5(35), 13 TAC 26.20(1), and 13 TAC 26.20(1); and the NHPA, as amended. PROPOSED DATA RECOVERY STRATEGY FOR SITE 41COL172 The existing excavations at site 41 COL 172 constitute approximately 20.75 m2 or 3 percent of the total site area. Although that percentage comprises a proportion of the site that is greater than some previous mitigation activities,the isolated 2-x-2-m units provide a very limited examination of portions of activity areas within the overall site area. The presently recognized distribution of artifact classes and features indicates that intrasite variability, both vertically and horizontally, exists. Additional data recovery should be conducted to maximize the data necessary to address the research domains discussed previously. The ability to examine isolable components and to expose complete activity areas is a desirable goal. Given that portions of activity areas have been examined already, it is apparent that expansion of the existing blocks would be the most efficient strategy for exposing complete activity areas. Yet, the decision concerning which blocks should be expanded and in which direction remains. Assuming reasonable resource constraints, it is estimated that approximately 20 m2 or approximately 16 m3 of site matrix can be excavated. Given the research needs of the region,this excavation should focus on those areas of the site where the individual components are most easily recognized and where feature contexts with dateable material are present. Feature contexts are also frequently the central point of activity areas. With this focus in mind,the following data recovery strategy is recommended. The first step will be the removal of approximately 1.4 m of overburden with a dozer in an area approximately 20-x-20 m square. This area will be centered on the line between Blocks 2 and 4 (Figure 2). Following the removal of the overburden, a cesium magnetometer survey will be conducted throughout the cleared area. Analysis of the data will focus on the identification of anomalies that likely reflect hearths, earth ovens, or concentrations of fire-cracked rock. Once anomalies are evaluated, initial excavation efforts will focus on selected anomalies. Selected units will also be excavated to trace the stratigraphy across the cleared area. Once the nature of the anomalies is determined, there will be a decision on the placement of new excavation blocks. The need to explore newly recognized activity areas will be balanced against the need to expand the previously excavated 2-x-2-m units. Excavation will also focus on those areas where components may be best recognized. Excavation of the additional blocks will be conducted in 5- cm levels to allow the definition of vertical variability. In addition the maximum horizontal spatial provenience of recovered archeological materials will be a 50-x-50-cm quadrat within each 1-x-1-m unit. Piece-point plotting will be conducted whenever possible. Levels will also follow the contours of the stratigraphic units rather than crosscutting slopes or depressions to ensure that stratigraphic contexts are not compromised. PROPOSED PUBLIC OUTREACH ELEMENT FOR SITE 41COL172 Geo-Marine, Inc. will work with the City Manager of the City of Wylie to develop a display regarding the finds at 41COL172. This display will be modular in design so that it may be used at City Hall and then rotated within the public library system. The display will focus on the Late Prehistoric inhabitants of the Wylie area. Geo-Marine also proposes to provide a presentation to selected classes at the nearby Wylie High School to acquaint local youth with the prehistory of the region. TEX; S HDST L COMMISS9 *N real places telling real stories June 23, 2009 Mr. Duane Peter Geo-Marine, Inc. 2201 K Avenue, Suite A200 Plano,TX 75074 Re: Project review under the Antiquities Code of Texas Data Recovery at Site 41 COL172, Collin County Texas Antiquities Permit Application#5296 Dear Colleague: Thank you for your Antiquities Permit Application for the above referenced project. This letter presents the final copy of the permit application from the Chief Deputy Executive Director of the Texas Historical Commission, the state agency responsible for administering the Antiquities Code of Texas. Please keep this copy for your records. Additionally, please note that the Antiquities Permit investigations require production of 20 copies of the final report, abstract form, tagged PDF CD and verification that any artifacts recovered and records produced during the investigations are curated at the repository listed in the permit. If you have any questions concerning this permit or if we can be of further assistance,please contact Lillie Thompson at 512/463-1858. The reviewer for this project is Mark Denton, 512/463-6096. Sincerely, • for Mark Wolfe Chief Deputy Executive Director MW/lft Enclosure Cc: Scott Pletka,Ph.D.,TxDOT RICK PERRY, GOVERNOR®JON T. HANSEN, CHAIRMAN e F. LAWERENCE OAKS, EXECUTIVE DIRECTOR o n onv ioo7a o!lcTIFU TPYAC © 731711-997S ® a 512 4R:1 A100 o F 512.475.4872 e TDD 1.800.735.2989 0 www.thc.state.tx.us State of Texas TEXAS ANTIQUITIES COMMITTEE ARCHEOLOGY PERMIT# 5296 This permit is issued by the Texas Historical Commission, hereafter referred to as the Commission, represented herein by and through its duly authorized and empowered representatives. The Commission, under authority of the Texas Natural Resources Code, Title 9, Chapter 191, and subject to the conditions hereinafter set forth, grants this permit for: Data Recovery To be performed on a potential or designated landmark or other public land known Title: Data Recovery at Site 41COL172 County: Collin Location: 41 COL172 is located 1.8 miles due west of Wylie along FM 1378 at Muddy Creek Owned or Controlled by: (hereafter known as the Permittee): Texas Department of Transportation 125 E. 11 th Street Austin, Tx 78701 Sponsored by(hereafter known as the Sponsor Texas Department of Transportation 125 E. 11 th Street Austin, Tx 78701 The Principal Investigator/Investigation Firm representing the Owner or Sponsor is: Duane Peter Geo-Marine, Inc. 2201 K Avenue, Suite A2 Plano, TX 75074 This permit is to be in effect for a period of: 5 Years and 0 Months and Will Expire on: 06/03/2014 During the preservation, analysis, and preparation of a final report or until further notice by the Commission, artifacts, field notes, and other data gathered during the investigation will be kept temporarily at: Geo-Marine, Inc. Upon completion of the final permit report, the same artifacts, field notes, and other data will be placed in a permanent curatorial repository at: Texas Archeological Research Lab. Scope of Work under this permit shall consist of. Controlled excavation of 20 square meters, complete analysis of artifacts assemblage, and production of draft and final report. ARCHEOLOGY PERMIT# 5296 This ermit is granted on the following terms and conditions: 1) This project must be carried out in such a manner that the maximum amount of historic, scientific, archeological, and educational information will be recovered and preserved and must include the scientific, techniques for recovery, recording, preservation and analysis commonly used in archeological investigations. 2) The Principal Investigator/Investigation Firm, serving for the Owner/Permittee and/or the Project Sponsor, is responsible for insuring that specimens, samples, artifacts, materials and records that are collected as a result of this permit are appropriately cleaned, and cataloged for curation. These tasks will be accomplished at no charge to the Commission, and all specimens, artifacts, materials, samples, and original field notes, maps, drawings, and photographs resulting from the investigations remain the property of the State of Texas, or its political subdivision, and must be curated at an appropriate repository. Verification of curation by the repository is also required, and duplicate copies of any requested records shall be furnished to the Commission before any permit will be considered complete. 3) The Principal Investigator/Investigation Firm serving for the Owner/Permittee, and/or the Project Sponsor is responsible for the publication of results of the investigations in a thorough technical report containing relevant descriptions, maps, documents, drawings, and photographs. A draft copy of the report must be submitted to the Commission for review and approval. Any changes to the draft report requested by the Commission must be made or addressed in the report, or under separate written response to the Commission. Once a draft has been approved by Commission, twenty(20) copies of the final report shall be furnished to the Commission. 4) If the Owner/Permittee, Project Sponsor or Principal Investigator/Investigation Firm fails to comply with any of the Commission's Rules of Practice and Procedure or with any of the specific terms of this permit, or fails to properly conduct or complete this project within the allotted time, the permit will fall into default status and/or the Commission may cancel the permit until such time that the terms of the permit are properly'completed. Notification of Cancellation shall be sent to the Owner/Permittee and the Principal Investigator/Investigation Firm, and all work associated with the permit must then stop immediately upon receipt of the notice. Notification of Default status shall be sent to the Principal Investigator/Investigation Firm, and the Principal Investigator will not be eligible to be issued any new permits until such time that the conditions of this permit are complete. 5) The Owner/Permittee, Project Sponsor, and Principal Investigator/Investigation Firm, in the conduct of the activities hereby authorizes, must comply with all laws, ordinances and regulations of the State of Texas and of its political subdivisions including, but not limited to, the Antiquities Code of Texas; they must conduct the investigation in such a manner as to afford protection to the rights of any and all lessees or easement holders or other persons having an interest in the property and they must return the property to its original condition insofar as possible, to leaves it in a state which will not create hazard to life nor contribute to the deterioration of the site or adjacent lands by natural forces. 6) Any duly authorized and empowered representative of the Commission may, at any time, visit the site to inspect the fieldwork as well as the field records, materials, and specimens being recovered. 7) For reasons of site security associated with nautical historical resources, the Project Sponsor(if not the Owner/Permittee), Principal investigator, and Investigation Firm shall not issue any press releases, or divulge to the news media, either directly or indirectly, information regarding the specific location of, other information that might endanger those resources, or their associated artifacts without first consulting with the Commission, and the State agency or political subdivision of the State that owns or controls the land where the resource has been discovered. 8) This permit may not be assigned by the Principal Investigator/Investigation Firm, Owner/Permittee, or Project Sponsor in whole, or in part to any other individual, organization, or corporation not specifically mentioned in this permit without the written consent of the Commission. 9) Hold Harmless: The Owner/Permittee hereby expressly releases the State and agrees that Owner/Permittee will hold harmless, indemnify, and defend(including reasonable attorney's fees and cost of litigation) the State, its officers, agents, and employees in their official and/or individual capacities from every liability, loss, or claim for damages to persons or property, • direct or indirect of whatsoever nature arising out of, or in any way connected with, any of the activities covered under_this permit.The provisions of this paragraph are solely for the benefit of the State and the Texas Historical Commission and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 10)Addendum: The Owner/Permittee, Project Sponsor and Principal Investigator/Investigation Firm must abide by any addenda hereto attached. Upon a finding that it is in the best interest of the State, this permit is issued on 06/03/2009. es E. Bruseth,for the Te s Historical Commission Wylie City Council CITY OF WYLIE AGENDA REPORT r Meeting Date: October 13, 2009 Item Number: 5 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: 10/05/09 Budgeted Amount: Exhibits: Rate Study, Ordinance Subject Consider, and act upon, Ordinance No. 2009-33 amending Exhibit "A" of Ordinance No. 2009-12 (Consolidated Fee Ordinance), Section I, Subsection B (Water Rates) and Section XI, Subsection A (Fire Department Development Fees). Recommendation Motion to approve Ordinance No. 2009-33 amending Exhibit "A" of Ordinance No. 2009-12 (Consolidated Fee Ordinance), Section I, Subsection B (Water Rates) and Section XI, Subsection A (Fire Department Development Fees). Discussion In 2006 Council held a work session to discuss the water and sewer rate study prepared by McLain Decision Support Systems. The study incorporated the water and sewer capital improvements plan (CIP) as well as outstanding debt service. The CIP was updated as part of the water and sewer impact fee study; however, impact fees can only recoup fifty percent of the projected cost of the CIP. Therefore, the remaining cost must be funded through other means such as the water and sewer rates. The study also incorporated the proposed wholesale water rate increases from the North Texas Municipal Water District as well as the expansion of the Muddy Creek Regional Wastewater Treatment Plant. The wholesale water rate included in the study for FY 2010 was $1.21 per 1,000 gallons (Table 2.4) and the actual rate for 2010 is $1.25 per the attached letter from NTMWD. As a result, the proposed water rate has been increased by $0.04 over the recommended amount in the study to cover the additional wholesale cost. A 3.25% increase per year over the next five years was proposed in the rate study (Financing Scenario 2). The new rate structure includes 1,000 gallons in the minimum monthly bill and incorporates a stronger conservation rate design for residential and irrigation meters (Rate Alternative 2). The attached ordinance incorporates these recommendations into the water and sewer rates for FY 2010. The FY 2010 budget includes funds to update the water and sewer rate study prior to the FY 2011 budget. The new rates will be effective starting with the November billing cycle. Page 1 of 2 Page 2 of 2 The attached ordinance also amends Section XI, Subsection A (Fire Department Development Fees) to reflect the recent reduction in the fees per Ordinance 2009-30 which was approved on the September 22nd Council meeting. Approved By Initial Date Department Director CH n 10/06/09 City Manager f� ('r1 f o/g)be/ ORDINANCE NO. 2009-33 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS; AMENDING EXHIBIT "A" OF ORDINANCE NO. 2009-12 (CONSOLIDATED FEE ORDINANCE), SECTION I (WATER AND SEWER FEES), SUBSECTION B (WATER RATES) AND SECTION XI (FIRE DEPARTMENT), SUBSECTION A (DEVELOPMENT FEES); 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 OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has adopted Ordinance No. 2009-12 establishing a consolidated fee ordinance ("Consolidated Fee Ordinance") for the City of Wylie, Texas ("Wylie"); and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend the Consolidated Fee Ordinance Section I (Water and Sewer Fees), B (Water Rates) and Section XI (Fire Department), A (Development Fees). 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: Amending Ordinance No. 2009-12 (Consolidated Fee Ordinance). Ordinance No. 2009-12 (Consolidated Fee Ordinance) is hereby amended as identified in Exhibit "A„ SECTION 3: Penalty Provision. Any person, firm, corporation or entity that violates this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00) if the violation relates to the public health and sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the 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 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Ordinance No. 2009-33 Amendment to the Consolidated Fee Ordinance Page 1 560400.v1 SECTION 5: 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 6: Effective Date. This Ordinance shall become effective from and after its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this the 13th day of October, 2009. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of publication in The Wylie News—October 21, 2009 Ordinance No. 2009-33 Amendment to the Consolidated Fee Ordinance Page 2 560400.v 1 Exhibit"A" WYLIE COMPREHENSIVE FEE SCHEDULE I. WATER AND SEWER FEES. A. Water and Sewer Service Deposit. Each water customer shall make a deposit to the City of Wylie, Texas for water service and sewerage service in accordance with the following schedule: (i) Water Deposits (1) 34 inch meter domestic $75.00 (2) 3/ inch meter irrigation with domestic account $50.00 (3) 3/ inch irrigation meter without domestic account $125.00 (4) 1 inch meter domestic $125.00 (5) 1 inch irrigation with domestic account $75.00 (6) 1 inch irrigation without domestic account $200.00 (7) 2 inch meter domestic $225.00 (8) 2 inch irrigation with domestic account $115.00 (9) 2 inch irrigation without domestic account $340.00 (ii) Sewer Deposit (1) Residential $20.00 (2) Commercial $20.00 B. Water Rates. (1) The following monthly water rates shall apply to all domestic residential customers within the corporate limits of the City of Wylie, Texas. ALL PRICES ARE FOR 1,000 GALLONS OF METERED WATER. (a) Monthly minimum charge for first 1,000 gallons of metered water consumption: $8.90 (b) Volume charge for all consumption exceeding 1,000 gallons: 1,001 to 10,000 gallons: $2.99 Over 10,000 gallons: $3.89 (2) The following monthly water rates shall apply to all domestic commercial customers, (other than apartments, mobile home parks and other multi-unit dwellings not individually metered) within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of metered water consumption: $12.15 Ordinance No.2009-33 Amendment to the Consolidated Fee Ordinance Page 3 560400.v1 (b) Volume charge for all consumption exceeding 1,000 gallons: $3.40 (3) The following water rates shall apply to all domestic apartments, mobile home parks, and other multi-unit dwellings, not individually metered, within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of metered water $12.15 (b) Volume charge for all consumption exceeding 1,000 gallons $3.40 (4) The following monthly water rates shall apply to all irrigation meters within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of metered water: (1) Residential irrigation $8.90 (2) Commercial & Multifamily $12.15 (b) Volume charge for all consumption exceeding 1,000 gallons: (1) Residential irrigation $4.30 (2) Commercial irrigation $4.30 (5) The monthly water charge for any customers (residential, commercial, apartment, mobile home park, or other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. (6) Any bulk water customer who desires to withdraw water from a hydrant or other source not metered and charged directly to them, shall fill out a water application form and sign the form in the same manner as a regular metered customer. Bulk water rate charges are to be charged in twenty-five (25) gallon increments at the same rates as the commercial customers. C. Sewage Collection and Treatment Rates. (1) The following monthly sewage collection and treatment rates shall apply to all residential customers of the City of Wylie, Texas: (a) Customers who are 65 years of age or older and have a homestead exemption on the service address which appears in the tax records $20.00 (b) Customers who are disabled and have a homestead exemption on the service address which appears in the tax records $20.00 (c) All other customers $27.00 Ordinance No. 2009-33 Amendment to the Consolidated Fee Ordinance Page 4 560400.v 1 (2) The following monthly sewage collection and treatment rates shall apply to all commercial customers of the City of Wylie, Texas: (a) Monthly minimum charge first 1,000 gallons of metered water...... $21.50 (b) Volume charge for all consumption exceeding 1,000 gallons ..$ 1.82 (3) A sewer fee of twenty-seven dollars ($27.00) shall be charged for each apartment unit, multiple-family unit, or mobile home space and special areas such as washateria, swimming pools, etc., where the apartment, multiple-family development or mobile home park is on a master meter for water consumption with the City of Wylie, Texas. (4) The monthly sewer charge for any customers (residential, commercial, apartment, mobile home park, or other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. (5) The monthly water and sewer rate charge for residential and commercial customers located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. D. Returned Check Charge. Each and every check or bank draft, used as payment to the City for services, which is returned for insufficient funds, shall have a charge of twenty-five dollars ($25.00) assessed against the account. E. Utility Account Establishment Charge. Each time a customer changes his place of occupancy and requests water service or a change in billing address or a new account is established, a charge of five dollars ($5.00) shall be made. F. Past Due Account Penalty; Restoration Charges. (1) The charges for water and or sewer service shall be billed and collected monthly as a utility charge payable to the City of Wylie, Texas. All charges not paid within fourteen (14) days from the date that the bill is rendered shall be delinquent, except when the fourteenth (14`h) day falls on Saturday, Sunday, or a legal holiday under which condition such bill shall be due by 5:00 p.m. Central Time, on the next working day following such Saturday, Sunday, or legal holiday. (2) All payments made after the fourteenth (14th) day will bear a late charge or penalty of five (5%) percent on amounts over twenty dollars ($20.00). Ordinance No.2009-33 Amendment to the Consolidated Fee Ordinance Page 5 560400.v1 (3) A customer's utility service may be disconnected if a bill has not been paid or a deferred payment agreement entered into within twenty-six (26) days from the date of issuance of a bill, if proper notice has been given. Proper notice shall consist of a separate mailing or hand delivery at least ten (10) days prior to a stated date of disconnection, with the words "termination notice" or similar language prominently displayed on the notice. The information included in the notice shall be provided in English and Spanish as necessary to adequately inform the customer. Attached to or on the face of the termination notice shall appear a statement notifying the customer that if they are in need of assistance with payment of their bill, they may be eligible for alternative payment programs, such as deferred payment plans, and to contact the water department of the City of Wylie, Texas for more information. If mailed, the cutoff day may not fall on a holiday or weekend, but will be on the next working day after the tenth (10) day. Service may not be discontinued for non-payment of a residential account if a permanent occupant of the residence will become seriously ill as a result of discontinued service. If a customer seeks to avoid termination on this basis, the customer must have the attending physician call or contact the water department within fourteen (14) days of the issuance of the bill. A written statement must be received by the water department from the physician within twenty-six (26) days of the issuance of the bill. The limit on termination shall last sixty-three (63) days from the issuance of the bill or a lesser period if agreed by the parties. The customer who makes such request shall enter into a deferred payment plan to accomplish payment of the bill. (4) If it is necessary to terminate water service for nonpayment, a charge of fifty dollars ($50.00) shall be paid prior to restoration of the service if the service is restored between the hours of 8:00 a.m. and 5:00 p.m., Central Time, on weekdays. At other times, the restoration charge shall be sixty-five dollars ($65.00). (5) If water and sewer service are terminated by customer request, the charge for restoring the service shall be ten dollars ($10.00) which will be added to the next month's bill. G. Temporary Connection Charge. A fee of twenty dollars ($20.00) shall be paid in advance for temporary water service to a utility customer for activities such as cleaning, plumbing checks, remodeling and so forth. This service will be for three (3) working days, excluding the date the fee is paid. H. Special Service Connection Fee. Upon receipt of an application for service and payment of all required deposits, connection of utility service shall be made by the City. If requested by the customer, and if the application and deposit are received prior to 12:00 noon, all reasonable efforts will be made to connect service by the end of the same working day. If the application and deposit are received after 12:00 noon, and upon payment in advance of a twenty-five ($25.00) special service connection fee, service will be connected by the end of the same working day. Otherwise, all reasonable efforts will be made to connect service by the end of the following day. Ordinance No.2009-33 Amendment to the Consolidated Fee Ordinance Page 6 560400.v1 I. Special Meter Reading Charge. A special meter reading charge of ten dollars ($10.00) shall be charged on the existing water bill when requested by a customer if the reading is determined to be correct. No reading charge will be made if it is determined the original reading was not correct. J. Development/Subdivision Water Charges. All developers or sub-dividers who are tying into the water and sewer system of the City of Wylie, Texas shall pay an initial fee equivalent to the gallon capacity of their water system distribution lines multiplied by a factor of three (3) at the prevailing lowest rate per one thousand (1,000) currently in effect at the time actual usage occurs. The final determination of the amount of gallons to be charged shall be determined by the City Engineer. Any water used subsequent to the initial loading and flushing of the installed lines shall be accomplished by the developer or sub-divider securing a meter attachment to a fire hydrant. This fee shall be due and payable prior to approval of the final plat. K. Charge for Replacing Meter Box. The cost for replacement of 1 inch and under plastic water meter box is seventy-five($75.00). L. Charge for Replacing Sewer Clean Out Caps. The cost for replacement of property line sewer clean out caps is five dollars ($5.00). M. Meter Testing Fee. When any utility customer is of the opinion that a water meter is registering incorrectly, the customer may make a request to the City for testing of the meter. A field test will be provided for the customer's meter without charge once every two (2) years. If the customer desires a calibration and certification test, then at the time such request is made, the customer shall make a twenty-five ($25.00) deposit with the City. If the test shows that the meter is registering consumption in excess of actual flow by more than two (2) percent, the meter shall be replaced with an accurate one at the expense of the City, and the twenty-five dollars ($25.00) deposit shall be returned to the customer. If the test shows that the meter is registering consumption at less than actual flow or in excess of actual flow by two (2) percent or less, the twenty-five dollars ($25.00) deposit shall be retained by the City to defer the cost of such test. N. Threshold Conditions In regards to implementation and enforcement of the Drought Contingency Plan (the "Plan"), the City Manager is designated as the official responsible for implementation and enforcement, and the guidelines for the threshold determinations as listed in the Plan are hereby adopted. In the event severe or critical conditions persist (as defined in the Plan) for an extended period of time, the City may ration water usage and/or terminate service to selected users of the system in accordance with the following sequence of increasing priority: Ordinance No. 2009-33 Amendment to the Consolidated Fee Ordinance Page 7 560400.v 1 (1) Recreation Users (2) Commercial Users (3) Industrial Users (4) School Users (5) Residential Users (6) Hospitals, Public Health and Safety Facilities O. Penalty (1) Users of City water except for the City, that do not comply with Section 3 of this Ordinance shall be subject to a penalty and fine of not less than one hundred dollars ($100.00) per day no more than one thousand dollars ($1000.00) per day for each day of non-compliance and/or disconnection or discontinuance of water services to such users by the City. The fines shall be listed on Table B of the Plan. (2) It shall be unlawful for any person to do, commit or assist in committing any of the following things or acts in the City: Remove any water meter that has been placed by the City, or changing, interfering with or tampering with any water meter in any manner; prevent water, by any means or devices, from passing through any meter connected directly or indirectly with the lines or mains of the City waterworks, whether sewer service customer only or both water and sewer; prevent a meter from registering the amount of water passing through such meter, or prevent or obstruct a meter from accurately registering the quantity of water supplied; or in any way interfere with a water meter's purpose, action or just registration; or whoever, without the consent in writing of the director of the water department diverts any water from any pipes, lines or mains of the waterworks, or otherwise uses or causes to be used any water produced or distributed by the waterworks, or retains possession thereof shall be fined one hundred and fifty dollars ($150.00) and pay for the water estimated by the City to have been used without proper metering. This fine is in addition to any criminal penalties that may be imposed by the City. (3) The presence at any time on or about any meter, water lines or mains of the City, whether such meter, if any, is owned or operated by the City or others, of a pipe or any device or pipes resulting in the diversion of water or the prevention of its free passage and registration by any such meter, or resulting in the diversion from such meter, or resulting in the prevention of water reaching the meter, or resulting in the prevention of just registration of the meter or meters or resulting in the taking of any water except through a lawfully installed meter shall constitute prima facie evidence on the part of the person owning or having custody or control of the room, building, place or premises where such device or pipe is located, of knowledge of the existence thereof and/or knowledge of such existence to the person who would be benefited by the failure of the water to be accurately metered shall further constitute prima facie evidence of intention on the part of such person or persons to defraud and tamper with a meter, and shall bring such person prima facie within the scope, meaning and penalties of this section. This section shall not apply to employees or agents of the City when acting in their official capacity. Ordinance No.2009-33 Amendment to the Consolidated Fee Ordinance Page 8 560400.v1 (4) That a convenience fee of three dollars ($3.00) per transaction be collected at the point of sale for those persons wishing to use a credit/debit card to purchase city services. (a) A convenience fee of three dollars ($3.00) per transaction will be collected at the point of sale for those persons wishing to use a credit/debit card to purchase city services. (5) That a convenience fee per transaction of one dollar and seventy-five cents ($1.75) for residential customers and business customers be collected at the time of sale for those persons wishing to use credit/debit card to purchase city services on-line. II. GARBAGE, TRASH AND BRUSH FEES. A. Residential Fee; Deposits. (1) The collection and removal of garbage, rubbish and brush in one (1) polycart container from residential premises, one (1) time per week and one recycle polycart one (1) time per week, shall be made for a charge of eleven dollars and thirty cents ($11.30) per residential unit for each calendar month. (2) Nonresidential customers shall be required to make a deposit equivalent to three (3) months' charges, or a minimum thirty-four dollars ($34.00). (3) Residential fees for each unit of single-family detached or duplex (not master metered) either curbside or alley side service, shall be eleven dollars and thirty cents ($11.30) per month and shall be charged each month on the utility bill. (4) The following collection fees are based upon the type of establishment or collection, to wit: (a) Duplex, per unit $11.30 per unit (b) Multifamily $11.30 per unit (c) Trailer park $11.30 per unit (5) Each additional Polycart $4.00 B. Commercial Charges. (1) Commercial Hand Collection,per ninety-five(95) gallon polycart Automated Collection Cost: Once(1) per week $22.94 Two (2) carts once(1)per week. $43.58 Ordinance No. 2009-33 Amendment to the Consolidated Fee Ordinance Page 9 560400.v1 (2) Front Load Container Rates lxwk 2xwk 3xwk 4xwk 5xwk 6xwk 2 cu yd $ 78.40 $149.80 $208.60 $291.06 $377.76 $ 465.85 3 cu yd $ 86.80 $163.80 $226.80 $314.16 $423.50 $ 503.12 4 cu yd $ 92.40 $172.70 $242.20 $337.26 $433.66 $ 538.52 6 cu yd $107.80 $197.40 $277.20 $381.92 $496.34 $ 613.06 8 cu yd $120.40 $226.60 $312.20 $428.12 $553.94 $ 685.73 (3) Additional Charges Additional charge of$8.75 per pick up for containers on Casters Additional charge of$8.75 per pick up for containers with 4 sided enclosures Additional charge of$8.75 per pick up for containers with locks 8 cubic yard Cardboard Recycling Container 1 X per week $84.28 8 cubic yard Cardboard Recycling Container 2 X per week $176.74 Front load container exchange charge $78.94 (4) Extra Pick Ups 2 cubic yard $47.37 3 cubic yard $48.42 4 cubic yard $49.47 6 cubic yard $51.58 8 cubic yard $52.63 (5) Refills 2 cubic yard $36.84 3 cubic yard $37.89 4 cubic yard $38.95 6 cubic yard $41.05 8 cubic yard $42.11 (6) Rolloff Charges: 20 cubic yard per haul $482.31 (M-F) 30 cubic yard per haul $492.84 (M-F) 40 cubic yard per haul $524.42 (M-F) Delivery and Exchange $369.76 (M-F) Daily Container Rental $7.89 (7) Compactors: 6 cubic yard compactor haul charge $265.11 (M-F) 8 cubic yard compactor haul charge $297.79 (M-F) 30 cubic yard compactor haul charge $492.84 (M-F) 35 cubic yard compactor haul charge $492.84 (M-F) 42 cubic yard compactor haul charge $492.84 (M-F) Ordinance No.2009-33 Amendment to the Consolidated Fee Ordinance Page 10 560400.v 1 Disposal will be billed at $29.23 per ton; rates based on 4 ton minimum. (8) Returned Check Charge. $26.31 (9) COMMERCIAL RATES FOR WYLIE INDEPENDENT SCHOOL DISTRICT (WISD) (10) Front Load Container Rates Size/Pickup 1 x week 2 x week _3 x week 4 x week 5 x week 6 x week_ 2 Cu Yd $ 67.03 $128.08 $178.35 T$248.86 T$322.99 $398.30 3 Cu Yd $ 74.21 $140.05 $193.91 $268.61 $362.09 $430.17 4 Cu Yd $ 79.00 $147.23 $207.08 $288.36 $370.78 $460.44 6 Cu Yd $ 92.17 $168.78 $237.01 $326.54 $424.37 $524.17 8 Cu Yd $102.94 $190.32 $266.93 $366.04 $473.63 $586.30 WISD front load rates are net to contractor, does not include billing fee, franchise fee and sales tax do not apply. C. Fees for Special Collection of Brush and Bulky Waste Items. Special collection of brush and bulky items, in excess of twenty-four (24) cubic yards per resident per year, will be made available to residents at the rate negotiated between the contractor and the resident. D. Denial of Service. In the event of nonpayment of charges for the above services, the City shall have the right to deny further service to such nonpaying person or customer. III. CONSTRUCTION PERMITS AND FEES. A. Building, Plumbing, Mechanical and Electrical Permit Fees. When a building, plumbing, mechanical or electrical permit is required by the Building, Plumbing, Mechanical or Electrical code adopted by the City of Wylie, Texas the following fees shall be assessed: EXCEPTION: Permit fees shall not be required when the permit is for a building owned and occupied by a public agency. (1) New Single-Family Fees (including duplexes) - $700.00 + .10 cents a square foot (a) A non-refundable plan review deposit of fifty dollars ($50.00) is due at time of plan submittal. The plan review deposit will be applied toward the cost of the building permit only if the building permit fee is paid within six (6) months of the date the plan was submitted for review. Ordinance No. 2009-33 Amendment to the Consolidated Fee Ordinance Page 11 560400.v1 (2) New Multi-Family Fees (3 attached units or more) - $250.00 per unit (a) A non-refundable plan review deposit equal to ten percent (10%) of the permit fee is due at time of plan submittal. The plan review deposit will be applied toward the cost of the building permit only if the building permit fee is paid within six (6) months of the date the plan was submitted for review. (3) New Commercial Fees (a) Building Permit Fees for New Construction 1. $200.00+ .08 cents a square foot 2. Fees for tenant finish out and shell buildings will be seventy-five percent (75%) of the above fees. 3. A non-refundable plan review deposit equal to fifty percent (50%) of the building permit fee is due at the time of plan submittal. The plan review deposit will be applied toward the cost of the building permit only if the building permit fee is paid within six (6) months of the date the plan was submitted for review. (b) Plumbing, Mechanical and Electrical fees for New Construction (each) 1. $50.00+ .03 cents a square foot 2. Fees for tenant finish out and shell buildings will be seventy-five percent (75%) of the above fees. (4) Fees for Additions, Alterations, Repairs, Demolition, Screening Walls, Retaining Walls and Accessory Buildings. The following fees shall be charged for small construction jobs involving additions, alterations and repairs. Larger projects that involve substantial work shall be charged as new construction at the sole discretion of the Building Official. Value of Construction Permit Fee $0.00 to $2,500.00 $ 50.00 $2,500.01 to $5,000.00 $ 60.00 $5,000.01 to $10,000.00 $ 75.00 $10,000.01 to $25,000.00 $100.00 $25,000.01 to $50,000.00 $150.00 $50,000.01 to $100,000.00 $225.00 $100,000.01 or more $300.00 for the first $100,000.00 plus $50.00 for each $50,000.00 or fraction thereof. Ordinance No. 2009-33 Amendment to the Consolidated Fee Ordinance Page 12 560400.v 1 B. Miscellaneous Fees. Any activity listed below shall be charged the following fee associated with the activity: Commercial Certificate of Occupancy or Completion $75.00 (Existing building/space or unoccupied clean and show,applicable to shell or structure/space) Temporary Certificate of Occupancy $75.00 (Charged for all Temporary Certificates of Occupancy(ies)) Commercial Temporary Utilities Releases (Electrical or Gas Services) $100.00 Residential Temporary Utilities Releases (Electrical or Gas Services) $50.00 (All temporary utility releases require signed affidavit by contractors/builders) Manufactured Home Construction Permit Fee $300.00 Manufactured Home License Application Fee $500.00 (All original license applications and license transfers shall be accompanied by a fee of $500.00) Manufactured Home Space Fee $50.00 per space Manufactured Home Park Annual Inspection Fee ..$10.00 per occupied space Manufactured Home Park License Fee ..$500.00 Minimum Miscellaneous Permit Fee (Residential) $50.00 Minimum Miscellaneous Permit Fee (Commercial) $100.00 Fence Permit $40.00 In-ground swimming pool $300.00 Spa or above-ground pool $100.00 Lawn Sprinkler $50.00 Tent $50.00 Construction trailer $75.00 Drive Approach $50.00 per approach Sidewalk $50.00 per lot Structure Moving Permit $75.00 (Any structure moved through or into the City of Wylie,Texas that exceeds 250 square feet) Additional Plan Review $50.00 per hour(Minimum one hour) Appeal to the Construction Board $150.00 Duplicate Building Permit $10.00 Garage Sale $5.00 Administrative fee/change contractor or change on issued permit.. $25.00 per contractor Re-stamp Plans $50.00 per hour-Minimum one hour Sign Permit $75.00 Promotional Signs $ 40.00 Dance Hall License $100.00 Pool Hall License $100.00 Massage Establishment Permit $500.00 Individual License to Perform Massage $50.00 Sexually Oriented Business License $500.00 Food Service Establishment Permit (annual) $50.00 Retail Food Store Permit Fee(annual) $50.00 Ordinance No. 2009-33 Amendment to the Consolidated Fee Ordinance Page 13 560400.v l Junkyard or Salvage yard License $250.00 Dangerous Building Abatement Administrative Fee $750.00/per lot Abatement of Graffiti .Employee Hourly Rate plus cost of Materials Weeds, High Grass, and Trash Abatement Administrative Fee.......$75.00 per lot or tract of land C. Registration and License Fees. General, Plumbing, Mechanical, Electrical and Irrigation contractors shall not be eligible to receive a permit within the City of Wylie, Texas until they have registered with the City as a contractor and paid the following fee. Fees shall be paid annually and registration will be valid from January 1 through December 31. Registrations received and fees paid between December 1 and December 31 of any calendar year shall be valid from that date until December 31 of the following calendar year. General Contractor $100.00 Plumbing Contractor $100.00 Mechanical Contractor $100.00 Irrigation Contractor $100.00 Backflow Tester $100.00 Pool Contractor $100.00 Fence Contractor $100.00 Electrical Contractor $100.00 Master Electrician $25.00 Journeyman Electrician $10.00 Residential Specialist $10.00 Master Sign Electrician $25.00 Journeyman Sign Electrician $10.00 D. Special Inspection Fees. Re-inspection Fee $50.00 After Hours Inspection $75.00/hr-3hr minimum Special Inspection .$75.00 House Moving Inspection Fee $100.00 House Moving Inspection Mileage Reimbursement... current government mileage reimbursement rate IV. ENGINEERING FEES. A. Water and Sewer Impact Fees (i) Service unit - means the standardized measure of consumption, use, generation or discharge attributable to an individual unit of development that has been calculated in accordance with the generally accepted engineering and/or planning standards. The water and wastewater service unit is defined to be a 3/4-inch water meter. Other meter sizes can be compared to the 3/4-inch meter through a ratio of water flows as published by the American Water Works Association and Ordinance No. 2009-33 Amendment to the Consolidated Fee Ordinance Page 14 560400.v1 as shown in Table No. 7 of the "Water and Wastewater Impact Fee Update 2005-2015" which is attached as Exhibit A to Ordinance 2006-25 and incorporated by reference herein, as may be amended from time to time. (1) Calculating Impact Charges For each single family living unit equivalent (SFLUE) to be served by the water system there shall be a water impact fee of one thousand three hundred four dollars and ninety seven cents ($1,304.97). For each SFLUE to be served by the sewerage system there shall be a sewerage impact fee of one thousand two hundred thirty one dollars and one cent ($1,231.01). B. Thoroughfare Impact Fees (i) Service unit - means the standardized measure of consumption, use, generation or discharge attributable to an individual unit of development, that has been calculated in accordance with the generally accepted engineering and/or planning standards, as indicated in the land use equivalency tables located in the "Roadway Impact Fee 2008-2017" report which is attached as Exhibit A to Ordinance 2007-34 and incorporated by reference herein, as may be amended from time to time. (1) Calculating Impact Charges Thoroughfare Impact Fees shall be calculated at the rate of four hundred thirty four dollars and eighty-two cents ($434.82) per service unit for the Western zone and seven hundred eighteen dollars ($718.00) per service unit for the Eastern zone. C. Special District Fees. (1) In addition to all other fees, the City Council may designate by ordinance, certain special districts. These districts shall be formed in order to collect pro rata fees to offset the cost of capital improvements to the water and sewer system that benefit only a particular section of the City. (2) When such action is deemed appropriate by the City Council, said area shall be deemed by clearly understood boundaries. Then the fee per unit shall be determined by using the following formula: No. of Units per Total Cost of Project Acres x Acre = No. of Shares = Special District Fee (3) Units existing within the special district prior to the establishment by the City Council shall not be charged the determined special district fee unless the parties involved request such service be provided. D. Engineering Inspection Fees Each project shall be charged an engineering inspection fee. The fee shall be three percent (3%) of the City's estimate for the cost of the public work utilities and streets of new construction which are to be dedicated to the City of Wylie, Texas as well as private commercial parking Ordinance No. 2009-33 Amendment to the Consolidated Fee Ordinance Page 15 560400.v1 areas. Such items shall include, but not be limited to: street paving, storm drainage, water mains, sewer mains, commercial parking areas and other items designated for conveyance to the City after completion of improvements through the process of public dedication. These fees shall be paid prior to the start of construction. E. Grading Fees (1) Grading Permit $100.00 (2) Grading Permit Deposit: One acre or less $500.00 Once acre or more $500.00 for first acre+ $100.00 for each additional acre V. IMPOUNDMENT, BOARDING AND ADOPTION FEES. A. Shelter Impound Fees (All Animals). First Offense $40.00 Second Offense $60.00 Third Offense $80.00 B. Boarding Fees (Daily Rates). All Animals $10.00 (per calendar day) C. Adoption Fee. $75.00 (includes $50.00 voucher for sterilization) D. License, Registration for Dangerous Dogs, Euthanasia, Disposal, Surrender Fees and Trap Deposits. License Fee $10.00 per animal Fee for Lost License Tag. $2.00 per animal Euthanasia Fee. $25.00 per animal Disposal Fee $10.00 per animal Surrender Fee $15.00 per animal Trap Deposits $60.00 per trap Annual Registration Fee for Dangerous Dog $50.00 per animal Fee to register dangerous dog at new address $25.00 per animal Ordinance No. 2009-33 Amendment to the Consolidated Fee Ordinance Page 16 560400.v 1 VI. PLANNING AND ZONING A. Maintenance Bonds. Refer to Subdivision Regulations Section 6.7: Maintenance and Guarantee of Public improvements. The property owner shall maintain all required public improvements for a period of two (2) years following acceptance of the subdivision by the City, and shall also provide a two (2) year maintenance bond (warranty) that all public improvements will be free from defects for a period of two (2) years following such acceptance by the City. B. Zoning and Platting Fees. Zoning Change Application $325.00+ $15.00/acre (Including standard districts,planned development districts and special use permits) Zoning Change Re-notification/Re-publication $200.00 (When request is tabled by applicant) Site Plan Application $250.00 Preliminary Plat Application $200.00 +$12.00/acre Final Plat/Amended Re-plat/Minor Application $325.00 +$25.00/acre Annexation/Disannexation Application $200.00 Variance Application $100.00 (Zoning Board of Adjustment and all others i.e. commission waive planned development acreage, alleys, parking) Verification Letter $50.00 (Zoning,comprehensive plan,utilities) Right-of-Way Abandonment $50.00 (fee toward appraised market value) C. Material Comprehensive Plan $10.00+ Sales Tax Zoning Ordinance $20.00 + Sales Tax Subdivision Regulations $15.00+ Sales Tax Prints of Plats and As-Builts (24 x 36) $3.00/sheet+ Sales Tax Special Area Study Map (8 '/2 x 11 x 36) $5.00/sheet+ Sales Tax City-Wide Planning Maps $15.00/sheet+ Sales Tax (Land use,zoning thoroughfare,development trends,city limits) CD Copies $5.00 each+ Sales Tax (Scanned plats,as-builts) Ordinance No. 2009-33 Amendment to the Consolidated Fee Ordinance Page 17 560400.v1 VII. POLICE DEPARTMENT A. POLICE DEPARTMENT FEES. Parade Permit Fee $25.00 Special Event Permit Fee Solicitor Registration Fee $75.00 Permit Fee $75.00 Fingerprinting Fee $5.00 Accident Report Fee Copy of accident report $6.00 Certified copy accident report $8.00 Open records request $.10 cents (per page) Certify Open Records Request $2.00 VIII. PUBLIC LIBRARY A. LIBRARY FEES. Barcode Fee $1.00 DVD Case Fee $3.00 (replacement) Lost Item Cost of material+ $3.00 Damaged Item Cost of material + $3.00 Copies: Black and white $.10 per page Color. $.25 per page Fax. $.50 per sheet Library Replacement Card $1.00 Extended Use Fee DVD $.50 per day/per item All other $.10 per day/per item Interlibrary request fee $2.00 Book Jacket Fee $1.00 (replacement) Art Work (DVD) $1.00 (replacement) CD Case(Music) $1.00 (replacement) CD Case (Books) $3.00 (replacement) $1.00 Spine Label $1.00 IX. PARKS AND RECREATION A. Pavilion Rental (excluding neighborhood parks) Boy/Girl Scouts No Fee Non-Profit Groups $5.00 per hour Residents $10.00 per hour Non Residents $25.00 per hour B. Wylie Wave Fees/Summer Program Fees Participant per week $75.00 Scholarship per week $15.00 (reduced lunch status) Scholarship per week $10.00 (free lunch status) Activity fee per week $15.00 (does not apply to scholarship participants) Cancellation fee (per week): Regular participant $35.00 (past deadline) Reduced lunch scholarship $15.00 (past deadline) Free lunch scholarship $10.00 (past deadline) Summer sports program fees: Track, per summer session $100.00 Tennis, per summer session $100.00 Tennis minicamps, per session $75.00 Minihawk (ages 4-7), one week $100.00 Regular Skyhawks, one week $100.00 Regular Skyhawks, Parent and Me, one week .$45.00 C. Athletic Field Reservation Fees. Per person, per sport season, 18 and under $5.00 Per person, per sport season, 19 and older $10.00 Athletic field light per hour/per field $18.00 Tournament or single use—per field reservation $10.00 per hour+ lights Light Key $100.00 deposit Late payment fee (athletic fields) Amount owed+ 10% D. Community Center Rental Fees. (2 hour minimum) ($100.00 deposits required on large events) Room Rental: Boy scouts/Girl scouts No Charge Non-profit groups $12.50 per hour Residents $25.00 per hour Non residents $62.50 per hour 560400-1 19 Kitchen Use Fee: Boy scouts/Girl scouts No Charge All others $25.00 per event Cancellation fee $50.00 (within ten(10)days of rental date) E. Continuing Education Classes. Yoga Full session, 20 classes (10 weeks 2x per week) $140.00 Half session $85.00 Drop in, per class $10.00 F. Park Land Dedication Fees. (Land Dedication—Minimum 5 acres and 5 acres per 100 lots.) Five or more lots per acre $1,500.00 per lot 3 or 4 lots per acre $2,000.00 per lot 1 or 2 lots per acre $3,000.00 per lot Apartment units $800.00 per unit X. WATER AND SEWER TAP FEES Water Tap $2500.00 (Residential or commercial) Wastewater Tap—0' to 8' deep $3000.00 Wastewater Tap—Greater than 8' deep Cost plus $310.00 Fire Hydrant Installation $3000.00 (In City ROW) Tap/Fire Hydrant Inspection $200.00 XI. FIRE DEPARTMENT A. Development Fees Residential Fire Development Fees $450.00 per lot Commercial Fire Development Fees $.22 cents per sq. ft. B. Annual Contractor Registration Fees After Hours Inspections $100.00 additional (before 8 a.m. and after 5 p.m.) Combustible Liquid Storage Tanks $100.00 Fire Sprinkler Backflow $100.00 Hazardous Materials Storage $100.00 Hydrant Flow $100.00 Overhead Sprinkler $100.00 Paint Booth $100.00 560400-1 20 Re-inspection Fee $75.00 Temporary Structure $100.00 Underground/Above Ground Storage Tanks $100.00 Underground Sprinkler $100.00 Vent-A-Hood $100.00 C. Permit Fees Aircraft Refueling Vehicles (annual) $25.00 Asbestos Removal (per job) $25.00 Assembly $25.00 (parties with 50 or more guests including weddings) Automobile Wrecking Yard(annual) $25.00 Backflow $10.00 Bowling pin or Alley Refinishing Job (per job) $25.00 Burn Permit $25.00 Candles and Open Fames in Assembly Areas (annual) $25.00 Carnivals and Fairs $50.00 Cellulose Nitrate Film(annual) $25.00 Cellulose Nitrate Storage (annual) $25.00 Combustible Fiber Storage (annual) $25.00 Combustible Material Storage(annual) $25.00 Commercial Fire Alarm Installation Permit (Per building) Less than 10 devices $50.00 11 to 25 devices $75.00 25 to 100 devices $150.00 100 to 200 devices $200.00 More then 200 devices $400.00 Commercial Limited Access Security Gates and Perimeter Fencing $100.00 Commercial Rubbish Handling Operation(annual) $25.00 Compressed Gasses (annual) $25.00 Cryogens (annual) $25.00 Dry Cleaning Plants (annual) $25.00 Dust-Producing Operations (annual) $25.00 Explosives and Blasting Agents (annual or per job) $25.00 Fireworks Event (per event) $500.00 Fire Sprinkler Overhead Permit (suppression system) (per sq. ft. of building area) 0- 100,000 sq. ft $0.015 per sq. ft 100,001 -300,000 sq. ft $.014 per sq. ft ($1,500 for the first 100,000 sq. ft.plus$0.014 for each additional sq. ft. of area or fraction thereof.) 300,001 + sq. ft $0.009 per sq. ft ($4,200 for the first 300,000 sq. ft.plus$0.009 for each additional sq. ft. of area or fraction thereof.) (includes two inspections per system and on re-inspection) Fire Sprinkler Underground Permit(suppression system) $250.00 (Includes three inspections per system: Visual,Hydrostatic Test,Flush and one re-inspection.) Fruit Ripening(annual) $25.00 560400-I 21 Fumigation or Thermal Insecticidal Fogging(annual) $25.00 Hazardous Production Materials (annual) $25.00 High Piled Combustible Storage $25.00 per building Hydrant Flow Test $50.00 (2 hydrants) Hydrant Installation $50.00 (per installation) Liquid or Gas Fueled Vehicles or Equipment in Assembly Building (annual or event) $25.00 Lumber Yard (annual $25.00 Magnesium Working(annual) $25.00 Mall, Covered (annual or event) $25.00 Organic Coatings (annual) $25.00 Ovens, Industrial Baking and Drying(annual) $25.00 Paint Booth $50.00 Radioactive Material (annual) $25.00 Refrigeration Materials (annual) $25.00 Spaying or Dipping(annual) $25.00 Special Fire Suppression System Permit $75.00 Temporary Structure $25.00 per tent (tents and temporary membrane structures) Tire Storage(annual) $25.00 Trench Burns $500.00/$100.00 ($500 initial and$100 per re-inspection) Underground/Above Ground Storage Tanks $250.00 (Includes flammable and combustible liquid storage and liquefied petroleum gas,per tank) Vent-A-Hood $50.00 Welding and Cutting Operations $50.00 (annual fixed occupancy or per job) D. Plan Reviews 1 — 100,000 sq. ft $0.02 cents per sq. ft. (per sq. ft. of building area,minimum$60.00) 100,001 —300,000 sq. ft $0.17 cents per sq. ft. ($3,500 for the first 100,000 sq.ft.plus$0.017 for each additional sq. ft.) 300,001 + sq. ft $0.01 cent per sq. ft. ($6,900 for the first 300,000 sq.ft.plus$0.01 for each additional sq. ft.) E. Annual Alarm Permit Fees Burglar Alarm Permit Fee $50.00 (commercial or residential) Other Alarms Permit Fee $50.00 (All alarm systems that are not burglar alarms,including,but not limited too,panic,fire,and EMS alarms,whether commercial,residential or otherwise.) False Alarm Notification Fee $50.00 (If after three(3)false alarms in the twelve month period immediately preceding any false alarm,the permit holder shall be assessed a service fee of$50.00 for such false alarm.) 560400-1 22 XII. MUNICIPAL COURT Municipal Court Building Security Fee $3.00 Municipal Court Technology Fund $4.00 Driving Safety Course Administrative Fee $10.00 Warrant Fee $50.00 Consolidated Court Costs $40.00 Judicial Fee County $5.40 City $.60 Arrest Fee $5.00 State Jury Fee $4.00 Time Payment Fee—Efficiency $2.50 Time Payment Plan Local $10.00 State $12.50 Traffic Fund $3.00 State Traffic Fee $30.00 Administrative Fee $20.00 Consolidated Court Costs $17.00 Corrections Management Fee $.50 Fugitive Apprehension $5.00 Juvenile Delinquency $.50 Judicial Training $2.00 Child Safety Fee $25.00 Indigent Defense Fee $2.00 School Crossing Guard Fee $20.00 Juvenile Crime/Delinquency Act $.25 Compensation to Victims Crime Fund $35.00 560400-1 23 Chris Hoisted From: Robert McLain Urmclainl@verizon.net] Sent: Tuesday, September 18, 2007 10:10 AM To: City Engineer Subject: WATER RATES Attachments: image001.gif; image002.png Chris, sewer will follow in a few moments: Let me know if you can't read this: Table L6 Exist I Akeinalve Rafe Structt Fir 2007 Planned Planned Planned Planned 2007 200E 2009 2010 111 121 131 141 3.25% 3.251‘ 3.2516 325% Revenues Generated Residential $ 8.90 $ 890 $ 890 $ 8.98 Commercial 8.90 890 890 8.90 Mull-Famiy 8.90 890 890 8.911 Volumetrk Rates per Th.Gallons ResideldiaL 1,001 to 2,000 Galena i 2.58 8 2.70 i 2.82 i 2.95 2,001 to 10000 Gallons 2.58 2.70 292 2.95 Over 10.000 Gallons 3.37 3.52 3.G8 3.85 1,001 to 2,000 Gallons $ 3.73 $ 390 $ 4.08 5 4.26 Over 2,000 Galan 3.73 390 4.08 4.26 CommorriaLkilidlifanft 1,001 to 2,000 Galles 5 2.95 5 3.08 5 322 5 3.36 Over 2.000 Gallons 2.95 3.08 322 3.36 Robert McLain, Principal McLain Decision Support Systems 201 W. Southwest Parkway, # 4105 Lewisville, TX 75067 972-436-6181 972-692-5397(fax) 214-893-3652(cell) 1 City of Wylie, Texas Development of Water & Wastewater Rates August 2006 McLain Decision Support Systems Government Utility Rate Practice 201 W. Southwest Pkwy., #4105 Lewisville, TX 75067 (972)436-6181 —Fax(972) 692-5397 McLain Decision Support Systems / Mci AIN It,r>vrr Aicl.am,1'un:ip:d•Xlinn hxInn Spp„n 3tiv1111, _'CI XV Snrrlrucwr 110,„..4l0i•Lrxr.c ilk.TX 7i.'2,7 :214io.ol,l Om,•0,721N+)3.ii97 Fin•i'l4t Soi..36i_`XI J',lr•Folv•ril,kuin,kl-r,n August 9, 2006 Mark Roath City Manager City of Wylie 2000 HWY 78 Wylie, TX 75098 Dear Mr. Roath: Enclosed is the final report titled, Development of Water & Sewer Rates, prepared by McLain Decision Support Systems (McLainDSS). The report conveys the findings, conclusions, and recommendations of our firm with respect to the development of water and sewer rates to cover the projected water and sewer enterprise fund costs for the period 2007 -2016. The report includes a significant amount of assumptions and detailed tables and worksheets. The detailed tables, exhibits, and worksheets provide an understanding of where the numbers come from and the related impact the rate design alternatives rates will have on the system's customers. We have appreciated the courtesies and professional relationship extended to us during this engagement by City management and staff.iVe truly yours, i,,,,4 Robert McLain, Director Government Utility Rate Division McLain Decision Support Systems Mcl_.AIN 12 rr%1.t.in.Prim rr II•\Id on I`wni,ri wurr 2C1'Y •4I09•1,,rt,rllr.lX 7M17 0721{ih-6I81 On,•iv7)1 t9. W7 r.rx•i=14 Ke3.E.i Nit k it.•F.hetindnnd,brnm Table of Contents I. Executive Summary 1 1.1.Introduction 1 1.2.Financial Plan Key Management Assumptions 1 1.3 Financial Plan Findings 3 1.4 Financial Plan Notice 3 1.5 Financing Scenarios 3 1.6 Rate Design Objectives 6 1.7 Overview of Rate Design Alternatives 6 1.8 Customer Impact 8 II. Identification of the Revenue Requirements 9 2.1.Introduction 9 2.2 Key Cost of Service Assumptions 9 2.2.1. Growth Assumptions 9 2.2.2.NTMWD Water Purchase Costs 11 2.2.3.NTMWD Wastewater Treatments 12 2.2.4.Additional Staffing 14 2.2.5. Inflation Drivers 15 2.2.6. Water Capital Improvement Program 16 2.2.7. Wastewater Capital Improvement Program 16 2.2.8. Use of Impact Fees 16 2.2.9. Collection of Impact Fees 26 2.2.10. Renewal &Replacement Costs 27 2.2.11. General Fund Transfers 28 McLain Decision Support Systems McI AIN ft.,lva\td..nn,('rincgp:d•t1<t.nn t,r-o.1.m 101 VG'.tiuuhwost ttwv.,;41;i•Lrwr.cd(r."CX 7i Yii 072)4tri n1,1 Otlt,•0+72160:.5 ini F.•t-'14)4vi.ibi_"L1,4,dr•hJa m.Lnnd,1,..,nn List of Figures 1.1.Recap of the Impact of Each Financing Scenario 4 1.2.Key Adequacy Tests—Financing Scenario 1 4 1.3.Key Adequacy Tests—Financing Scenario 2 5 1.4.Key Adequacy Tests—Financing Scenario 3 5 1.5.Rate Alternatives 6 1.6.Existing &Alternative Rate Structures -Water 7 1.7.Existing&Alternative Rate Structures -Wastewater 7 1.8 Illustration of Monthly Impact: Water& Sewer Monthly Bills 8 2.1 Growth- Water 10 2.2 Growth- Wastewater 10 2.3 Water Loss Percentages—Inflow/Infiltration Percentages 11 2.4 Water Purchases from NTMWD 11 2.5 NTMWD Wastewater Treatment Costs (Wylie Wastewater Treatment Plant Costs) 12 2.6 NTMWD Wastewater Treatment Costs (Muddy Creek Interceptor Costs) 12 2.7 NTMWD Wastewater Treatment Costs (Muddy Creek Wastewater Treatment Plant) 13 2.8 Recap of NTMWD Wastewater Treatment Costs 13 2.9 City of Wylie Utility Staffing Levels 14 2.10 Personnel-Related Costs 14 2.11 Total Departmental Operating and Maintenance Costs (Excluding NTMWD Costs) 15 2.12 Recap of Operating and Maintenance Costs 15 2.13 Revenue Debt—Existing—Water& Sewer 16 2.14 Revenue Debt—Existing—Water Portion 17 2.15 Revenue Debt—Existing—Water Portion Eligible for Impact Fees 17 2.16 Revenue Debt—Existing—Wastewater Portion 18 2.17 Revenue Debt—Existing—Wastewater Portion Eligible for Impact Fees 18 2.18 Non-Revenue Debt—Existing—Water& Sewer 19 2.19 Non-Revenue Debt—Existing—Water Portion 19 2.20 Non-Revenue Debt—Existing—Water Portion Eligible for Impact Fees 20 2.21 Non-Revenue Debt—Existing—Wastewater Portion 20 2.22 Non-Revenue Debt—Existing—Wastewater Portion Eligible for Impact Fees 21 2.23 Water Capital Improvement Plan 21 2.24 Revenue Debt—Planned—Water Portion 22 2.25 Revenue Debt—Planned—Water Portion Eligible for Impact Fees 23 2.26 NTMWD Contract Revenue Debt 23 McLain Decision Support Systems McL_AIN tiolvrt Mc1.un,Prtrwtp+1•NI.Lain IX,nn.,n spp.m nt>am. 201 Vt'.N,uthurrr 1'kws..u41.4.Let,t..,Ilc.TX 7i y.7 (0721 416-o1ril tXII,•1472)642.iio7 F.•S_141 Fvi•ibi2 Mobil..•I.I..nn IJludb.kniu 2.27 NTMWD Contract Revenue Debt—Portion Eligible for Impact Fees 24 2.28 Recap of Use of Impact Fees- Water 24 2.29 Recap of Use of Impact Fees - Wastewater 25 2.30 Recap of Debt Service 25 2.31 Recap of Impact Fees—Water—Sources& Uses of Funds 26 2.32 Recap of Impact Fees—Wastewater—Sources& Uses of Funds 26 2.33 Recap of Non-Operating Costs—Transfer to Renewal & Replacement Fund 27 2.34 Recap of Non-Operating Costs 27 2.35 Recap of the Total Gross Cost of Service 28 2.36 Recap of Non-Rate Operating Revenues 29 2.37 Recap of Non-Rate Non-Operating Revenues 29 2.38 Recap of Revenue Offsets 30 McLain R Decision Support k Systems McLAIN Rohm N1eLain.t'rmnp;d•Nil L.am tkci,unl 5y,tcnr. 221 W.ti.xnlrnn Pkwc.,W 12 •Lewt.vdty.TX 7iCbi 0721.136•GI$ Ottb.r•(9721692,i 197 I n•(2141t'1I_ 12 Mobrlr•1,1,4uslauxtJ,,,•• SECTION I—EXECUTIVE SUMMARY 1.1 INTRODUCTION: The following report describes the findings of the water and wastewater rate study performed for the City of Wylie and makes recommendations with respect to the rates to be charged to the City's municipal utility customers. The objectives to be achieved within the scope of the engagement are as follows: • To develop the bases to be used to project the units of service and cost of service for each utility over a ten-year planning period,FY 2007 - 2016; • To identify the full cost of water and wastewater services over the ten-year planning period based on the FY 2007 proposed budget: • To develop proposed alternative water and wastewater rates which will provide sufficient annual revenues to meet expenditures for all operating and non-operating costs; • To prepare financial projections using the cost-based rates, supplemented by a description of the key assumptions underlying the projections; • To create an executive summary documenting our findings and recommendations; 1.2 FINANCIAL PLAN KEY MANAGEMENT ASSUMPTIONS: The following major key planning assumptions were used to drive the ten-year cost of service: • Growth': 907 additional water meters annually, which results in a customer growth rate of about 4% - 9% annually. Furthermore, 1,041 to 1,042 additional annual wastewater accounts will be added over the planning period. (See Tables 2.1 and 2.2 in Section 2); • NTMWD Water Costs. Table 2.4 in Section 2 illustrates the growth in NTMWD water costs, assuming the rate per thousand gallons will increase incrementally, per the NTMWD presentation dated March 20, 2006. 'Based on growth assumptions in Impact Fee Study update,Table No.8,Table No.9,page 21,confirmed by Chris Hoisted. SECTION I—EXECUTIVE SUMMARY PAGE 1 McLain Decision Support CP' Systems McLAIN Rnhen NIL1 kin.Prmcll.al•McLain C\,nnon&hnpr,rt Sy:tenn IN W.Snuthu,,t Pkw-4-,•4 hi•Lcwda-Ik,TX 7iCt7 9721416 61S3 Ott,•19721 642 i197 Fax•t2141 s91.102 Mo]n(r•I1d,EEtnclaln.kL.. tn • NTMWD Wastewater Costs. Tables 2.5 through 2.8 in Section 2 illustrate to the reader the increases in wastewater treatment costs over the next ten years. It should be noted that the additional debt service associated with the Muddy Creek Wastewater Treatment Plant expansion is incorporated into these cost estimates. • Additional staffing. Table 2.9 in Section 2 illustrates the addition of three (3) additional positions in FY 2009. • Inflation: Salaries were increased annually using expenditure drivers of 6%,based on the FY 2007 budget. Medical insurance was increased at the rate of 7% annually. Most other operating and maintenance costs were driven by an annual inflation factor of 3%. • Water Capital Improvement Program: A $17.653 million water capital improvement plan has been incorporated into the financial plan. The capital improvement plan calls for two (2) bond issues totaling $13,480,700 over the next three years, beginning with a $6,500,000 issue in FY 2007. Table 2.23 and Table 2.24 in Section 2 show the water capital improvement program. • Wastewater Capital Improvement Program: The wastewater capital improvement plans calls for $12,250,000 debt issue, related to the expansion of the Muddy Creek Wastewater Treatment Plant. This debt issue will be NTMWD contract revenue debt, and will be shared with the City of Murphy. Wylie will pay approximately 73% of the debt service, and Murphy will pay 27%. This debt issue will be paid the NTMWD as part of the wastewater treatment bill for Muddy Creek. • Use of Impact Fees: The most critical assumption incorporated into the financial plan is the use of impact fees to partially fund debt service payments. Tables 2.15 — 2.29 in Section 2 of this report illustrate the importance of this funding source. • Transfer to the Renewal and Replacement Fund. We have incorporated into the revenue requirements the cost of funding the renewal, rehabilitation, and replacement of the infrastructure of the water and wastewater system, beginning with FY 2007-08. Table 2.33 shows the basis for these transfers. • Transfer to the General Fund -This transfer increases 4%per year. (This transfer is shown on Table 2.34 in Section 2). SECTION I—EXECUTIVE SUMMARY PAGE 2 McLain Decision Support CSystems f McLAIN Rolm\1cLam,l'nncrr,11•McLatn LhYiaon`urr.rt"t.lc(m 201\V onnhwc,t Pkw7.,•4 2 •Lett' Ilc,TX 70,7 ,972 I 1(i-I I61(Ntin••j 972)092.5197 EA•(2 N91-3652 Mobdc•1.44411u1 muls1 cnur • Reserve Levels — We have targeted reserve levels of 25% (90 days of the cost of service),per the financial policy of the City. 1.3 FINANCIAL PLAN FINDINGS: • The water and wastewater fund is in excellent financial condition. The water and wastewater fund ended FY 2005 with $5,769,268 in operating reserves (304 days), (Table 1.2). However, it is expected that the water and wastewater fund will end FY 2006 with$4,609,111 in operating reserves (188 days). 1.4 FINANCIAL PLAN NOTICE: • Water and wastewater costs have been projected for the period FY 2007 through FY 2016, based on the proposed FY 2007 budget. We believe the underlying assumptions that drive the cost of service through the FY 2016 provide a reasonable basis for management's forecast. However, some assumptions inevitably will not materialize as presented and anticipated events and circumstances may not occur; therefore, the actual results achieved during the forecast periods will vary from the forecast, and the variances may be material. Monitor expenditures very carefully over the planning period, compared to the expenditure levels shown in this report. Because the forecasts are developed upon expenditure levels outlined in this report, any significant increases of expenditures over the planned expenditure levels will affect the sufficiency of revenues over the study period. • Note — because the financial plan is so heavily dependent on growth, we strongly recommend that the rate study should be updated annually. 1.5 FINANCING SCENARIOS: • Three financing scenarios have been developed for the City's consideration. They are: Scenario 1: Do not raise rates until absolutely necessary; Scenario 2: Increase rates annually over several years; Scenario 3: Increase rates every other year. SECTION I—EXECUTIVE SUMMARY PAGE 3 b. McLoin Decision Support allib. Systems r Mc LAIN Robert McLain.l rintipal•McLain Oct,xon 5uplxtt1 Sy.arr,+ '_ail W.S„iilrwa.,pkwa.,•4l0i•Lawi.rtlk,lX 74L\' 0)72)416.081 kV!,•(9721)492AS97 I',ta•!_'14)N91.102 M,4,1r•1 ,h[O,o I.,rn,k..,,nn Table 1.1 Key Findings Recap of the Impact of Each Financing Scenario Scenario 1 Scenario 2 Scenario 3 Average Residential Average Residential Average Residential Water&Sewer Bill Water&Sewer Bill Water&Sewer Bill 5,000 gals WS 5,000 gals WS 5,000 gals WS Change Winter, Bill Change Winter, Bill Change Winter, Bill Fiscal In 13,000 gals $$ In 13,000 gals $$ In 13,000 gals $$ Year Rates Summer Change Rates Summer Change Rates Summer Change 2005 NIA $ 55.07 $ - N/A $ 55.07 $ - N/A $ 55.07 $ - 2006 - 55.07 - 55.07 - 55.07 - 2007 - 55.07 3.25% 56.86 1.79 5.50% 58.10 3.03 2008 - 55.07 - 3.25% 58.71 1.85 - 58.10 - 2009 12.50% 61.95 6.88 3.25% 60.62 1.91 5.50% 61.29 3.20 2010 6.00% 65.67 3.72 3.25% 62.59 1.97 - 61.29 - 2011 - 65.67 - 3.25% 64.62 2.03 5.50% 64.67 3.37 2012 - 65.67 - - 64.62 - 64.67 - 2013 - 65.67 - - 64.62 - - 64.67 - 2014 - 65.67 - 64.62 - - 64.67 - 2015 - 65.67 - - 64.62 - - 64.67 - 2016 - 65.67 - - 64.62 - - 64.67 - 18.50% $ 10.60 16.25% $ 9.55 16.50% $ 9.60 • Financing Scenario 1: The City does not need to increase overall rates until 10/01/2008, if all key planning assumptions do not drastically change. However, if the City chooses to wait until 10/01/08, then the rate increases will need to be 12.5%, as shown on Table 1.2. Table 1.2 Key Adequacy Tests Financing Scenario 1 Don't Raise Rates Until You Have To Average Residential Water&Sewer Bill Percentage Changes 5,000 gals WS Changes in Ending Days of Operating Winter, Bill Fiscal In Operating Operating Operating Reserve 13,000 gals $$ Year Rates Reserves Reserves Reserves Percent Summer Change 2005 N/A $1,410,395 $5,769,268 304 83.3% $ 55.07 - 2006 - (1,160,157) 4,609,111 188 51.5% 55.07 - 2007 - (265,916) 4,343,195 178 48.9% 55.07 - 2008 - (1,181,319) 3,161,876 112 30.6% 55.07 - 2009 12.50% (327,901) 2,833,975 92 25.1% 61.95 6.88 2010 6.00% 195,435 3,029,411 91 25.0% 65.67 3.72 2011 - 468,055 3,497,465 103 28.1% 65.67 - 2012 - 501,512 3,998,978 112 30.7% 65.67 - 2013 - 535,125 4,534,102 122 33.3% 65.67 - 2014 - 469,866 5,003,969 128 35.1% 65.67 - 2015 - 417,957 5,421,925 133 36.4% 65.67 - 2016 - 819,037 6,240,962 151 41.4% 65.67 - 18.50% $10.60 SECTION I-EXECUTIVE SUMMARY PAGE 4 b. McLain -... Decision Support Systems 1 McL AIN Robert NtcLain.bnnttpal•McLain thwtvan Supp.•n Sy+a•nt, 2'1 XX'S.,uthwc.i Plot c.,•4I1,Yt•Let,,t,Me,TX 75c 7 i97_'1436-6181 l RD,•(97'2?69.2.i197 Fr •CIO`0,1i-3Gi2 liolntc•1,1,4110atn,l,l...30 • Financing Scenario 2: If the City decides to raise rates gradually over the planning period, every year,then the revenue increases will need to be as shown on Table 1.3. Table 1.3 Key Adequacy Tests Financing Scenario 2 Raise Rates Incrementally Every Year Average Residential Water&Sewer Bill Percentage Changes 5,000 gals WS Changes in Ending Days of Operating Winter, Bill Fiscal In Operating Operating Operating Reserve 13,000 gals $$ Year Rates Reserves Reserves Reserves Percent Summer Change 2005 NIA 1,410,395 5,769,268 304 83.3% $ 55.07 - 2006 - (1,160,157) 4,609,111 188 51.5% 55.07 - 2007 3.25% 3,779 4,612,890 190 51.9% 56.86 1.79 2008 3.25% (583,689) 4,029,201 142 39.0% 58.71 1.85 2009 3.25% (559,191) 3,470,010 112 30.8% 60.62 1.91 2010 3.25% (383,989) 3,086,021 93 25.5% 62.59 1.97 2011 3.25% 252,619 3,338,640 98 26.8% 64.62 2.03 2012 - 270,821 3,609,462 101 27.7% 64.62 - 2013 - 289,077 3,898,539 105 28.7% 64.62 - • 2014 - 208,259 4,106,797 105 28.8% 64.62 - 2015 - 140,594 4,247,392 104 28.5% 64.62 - 2016 - 525,824 4,773,216 116 31.7% 64.62 - 16.25% $ 9.55 • Financing Scenario 3: If the City decides to raise rates gradually over the planning period, every other year, then the revenue increases will need to be as shown on Table 1.4. Table 1.4 Key Adequacy Tests Financing Scenario 3 Raise Rates Incrementally Every Other Year Average Residential Water&Sewer Bill Percentage Changes 5,000 gals WS Changes in Ending Days of Operating Winter, Bill Fiscal In Operating Operating Operating Reserve 13,000 gals $$ Year Rates Reserves Reserves Reserves Percent Summer Change 2005 N/A 1,410,395 5,769,268 304 83.3% $ 55.07 - 2006 - (1,160,157) 4,609,111 188 51.5% 55.07 - 2007 5.50% 190,490 4,799,602 197 54.0% 58.10 3.03 2008 - (684,297) 4,115,305 145 39.8% 58.10 - 2009 5.50% (441,282) 3,674,023 119 32.6% 61.29 3.20 2010 - (627,842) 3,046,181 92 25.2% 61.29 2011 5.50% 258,156 3,304,337 97 26.6% 64.67 3.37 2012 - 276,895 3,581,232 100 27.5% 64.67 - 2013 - 295,689 3,876,921 104 28.5% 64.67 2014 - 215,407 4,092,328 105 28.7% 64.67 - 2015 - 148,280 4,240,608 104 28.5% 64.67 - 2016 - 534,047 4,774,655 116 31.7% 64.67 - 16.50% $ 9.60 SECTION I-EXECUTIVE SUMMARY PAGE 5 McLain Ai Decision Support Systems Mc LAIN Robert Mann,Punclpal•McLain Ikclsion•n,r tt�psmux* 201 W=Sonthn'Cx Pkn'\,•4I05•Lcv,is,ilk,TX 15001 097214366iSI i)itw •(47,-21 642 5197 Fo.•(2I41 r91.5i,5?Moles c•F. '4.ncl 1.6 RATE DESIGN OBJECTIVES: Several rate design alternatives were developed for the City's consideration. However, based on prior discussions with City staff and Council, we have brought two rate design alternatives to the City Council for consideration. Following is a recap of the objectives we wished to achieve with these alternatives: • All alternatives recover the revenues necessary to fund the cost of service for FY 2007. We have brought to the City rate design alternatives which should last for at least the next two years, assuming the overall cost of service does not differ materially than planned. Note — the existing water rate design could last until 10/01/2008,per Table 1.2. • However, we have assumed any changes in rates would be implemented on October 1,2006. 1.7 OVERVIEW OF RATE DESIGN ALTERNATIVES: We are bringing rate design alternatives that have the following characteristics: Table 1.5-Rate Alternatives Existing Alt Alt Alt . 1 2 3 Includes 1,000 gallons in the monthly minimum bill Across-the-board increase to existing rate design Includes existing monthly minimum bills with no change Incorporates a stronger conservation rate design for residential and 1 1 irrigation meters Incorporates a seasonal conservation rate design for residential and irrigation meters SECTION I—EXECUTIVE SUMMARY PAGE 6 McLain -.`''A Decision Support Systems Mc LAIN Robert McLain.Princtp.tl•MiL.un lhxt5ion Niprort S.term 201 W.So tIlue,t Pkwv.,•416i•LcuistIlk TX 75.0 7 ;4721416-b1S1 OM",•E072,69 .5197 Fax•(2214)591-16i 2 Ktoblle•1,1,41 1,usuid,"mt Table 1.6 Existing&Alternative Rate Structures-Water FY 2007 Financing Scenario 2 Financing Scenario 3 Existing 1 2 3 1 2 3 Note(1) Note(1) Revenues Generated $4,752,920 $4,907,390 $4,907,390 $4,907,390 $5,014,331 $5,014,331 $5,014,331 3.25% 3.25% 3.25% 5.50% 5.50% 5.50% Monthly Minimum Bills: Residential $ 8.90 $ 9.19 $ 8.90 $ 8.90 $ 9.19 $ 8.90 $ 8.90 Commercial 12.15 12.54 12.15 12.15 12.54 12.15 12.15 Multi-Family 12.15 12.54 12.15 12.15 12.54 12.15 12.15 Volumetric Rates per Th.Gallons Residential: 1,001 to 2,000 Gallons $ 2.17 $ 2.24 $ 2.58 $ 2.62 $ 2.29 $ 2.66 $ 2.70 2,001 to 10,000 Gallons 2.90 2.99 2.58 2.62 3.06 2.66 2.70 Over 10,000 Gallons 2.90 2.99 3.37 3.42 3.06 3.47 3.52 Irriaation Meters: 1,001 to 2,000 Gallons $ 2.17 $ 2.24 $ 3.73 $ 3.79 $ 2.29 $ 3.84 $ 3.90 Over 2,000 Gallons 2.90 2.99 3.73 3.79 3.06 3.84 3.90 Commercial&Multi-Family: 1,001 to 2,000 Gallons $ 2.17 $ 2.24 $ 2.95 $ 2.99 $ 2.29 $ 3.03 $ 3.08 Over 2,000 Gallons 2.90 2.99 2.95 2.99 3.06 3.03 3.08 (1)-Peak months are June-October. With Alternative 3,the higher rate above 10,000 gallons will only be charged during the peak months. Table 1.7 Existing&Alternative Rate Structures-Wastewater Financing Scenario 1 Financing Scenario 2 Existing 1 2&3 1 2&3 Revenues Generated $ 3,545,379 $ 3,660,604 $ 3,660,604 $ 3,740,375 $ 3,740,375 Percentage Increase 3.25% 3.25% 5.50% 5.50% Monthly Minimum Bills: Residential $ 15.00 $ 15.49 $ 15.00 $ 15.83 $ 15.00 Commercial 21.50 22.20 21.50 22.68 21.50 Multi-Family 23.00 23.75 23.00 24.27 23.00 Volumetric Rates Der Th.Gallons 1,001 to 2,000 Gallons $ 1.45 $ 1.50 $ 1.57 $ 1.53 $ 1.65 Over 2,000 Gallons(Note 1) 1.45 1.50 1.57 1.53 1.65 Note-Residential volume for wastewater is capped at 14,500 gallons. SECTION I-EXECUTIVE SUMMARY PAGE 7 McLain - ' Derision Support 4116-7. Systems Mc LAIN Rnlrn McLain.Prmctral•NIL Lain I i+a•n S,q•p+,rt SN,r,av :Li\V S.nnhwr t Pkws.,-g105•Lcwistile,TX 7ii`h7 t972)416.6181(7ttrce•{9721 692-5 19 7 Fax•CIO S91.16i.Mclxir•1,1,4mdam.l.l.c.m5 1.8 CUSTOMER IMPACT: Table 1.8 illustrates the impact of the rate design alternatives on customers at the average consumption levels: Table 1.8 Illustration of Monthly Impact Water&Sewer Monthly Bills Residential Commercial Average Monthly Consumption-June-October 13,000 66,000 Average Monthly Consumption-Nov-May 5,000 39,000 Average Monthly Water&Sewer Bill: Existing $ 55.07 $ 247.16 Average Monthly Water&Sewer Bill:Alternative 1 -(3.25%): $ 56.86 $ 255.19 Difference-$ $ 1.79 $ 8.03 Difference-% 3.25% 3.25% Average Monthly Water&Sewer Bill:Alternative 1 -(5.50%): $ 58.10 $ 260.75 Difference-$ $ 3.03 $ 13.59 Difference-% 5.50% 5.50% Average Monthly Water&Sewer Bill:Alternative 2-(3.25%): $ 55.33 $ 255.93 Difference-$ $ 0.26 $ 8.77 Difference-% 0.47% 3.55% Average Monthly Water&Sewer Bill:Alternative 2-(5.50%): $ 56.49 $ 264.10 Difference-$ $ 1.42 $ 16.95 Difference-% 2.59% 6.86% Average Monthly Water&Sewer Bill:Alternative 3-(3.25%): $ 56.22 $ 262.07 Difference-$ $ 1.15 $ 14.91 Difference-% 2.08% 6.03% Average Monthly Water&Sewer Bill:Alternative 3-(5.50%): $ 56.80 $ 266.33 Difference-$ $ 1.73 $ 19.17 Difference-% 3.14% 7.76% SECTION I-EXECUTIVE SUMMARY PAGE 8 McLain -x w Decision Support kJ- Systems McLAIN Rohn McLain,['tin,pal•NkLatn I kwui,m Stpp.,n S\Brrm. 201 W.S,.,udtuest Pkwt-.,•410i•Lew',tile,TX 75i07 072141h-628i Cara••(972)692.5t97 Fat•(2 141 s91.1652 hT.d+dr•isd.t4rndanxl.L..om SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS 2.1.INTRODUCTION: A combined ten-year financial plan has been created for the water and wastewater fund using a "bottom-up" approach. Highlights of the City's water and wastewater cost of service over the planning period is presented in this section. Salaries have been supported by staffing tables. Operating and maintenance costs have been calculated in considerable detail. 2.2 KEY COST OF SERVICE ASSUMPTIONS: Water and wastewater costs were projected for the period FY 2007 through FY 2016, based on the proposed FY 2006 budget. We believe the underlying assumptions that drive the cost of service through the FY 2016 provide a reasonable basis for management's forecast. However, some assumptions inevitably will not materialize as presented and anticipated events and circumstances may not occur; therefore, the actual results achieved during the forecast periods will vary from the forecast, and the variances may be material. These financial projections were based on the following essential assumptions: • Growth; • Inflation; • Additional staffing; • Funding of capital program • 2.2.1. Growth assumptions. There is no assumption more critical than the growth assumptions that drive the financial plan. A substantial negative change in this growth forecast will have an adverse financial result, possibly requiring additional rate increases beyond what is shown in this report. Table 2.1 shows 9,073 water meters will be added over the planning period, which will increase water revenues substantially. Furthermore, Table 2.2 shows 10,431 wastewater accounts will be added over the planning period. SECTION II—IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 9 McLain Derision Support Systems r Mc LAIN ftol4n McLain.Principal•Mann Deeinnn t,Ipp,m!iti.tems 201 W Pk.s.,•4105•Lcwin dlc,TX 75C67 0721 416.6181 llFhcr•(97_'1 692.i397 Fax•(2141 R91.36v Rt,drik•1,1•41iialainiMao,,m Table 2.1 Key Findings Growth- Water Average Average Annual Number Gals/ Volume Fiscal Additional of % Meter/ % Billed Year Meters Meters Growth Month Growth (Th.Gals.) Growth 2005 N/A 10,246 N/A 11,043 N/A 1,357,777 N/A 2006 488 10,734 4.8% 10,418 -6% 1,341,982 -1.2% 2007 907 11,641 8.4% 10,302 -1% 1,439,042 7.2% 2008 907 12,548 7.8% 10,201 -1% 1,536,100 6.7% 2009 907 13,455 7.2% 10,115 -1% 1,633,160 6.3% 2010 907 14,362 6.7% 10,039 -1% 1,730,220 5.9% 2011 907 15,269 6.3% 9,973 -1% 1,827,279 5.6% 2012 907 16,176 5.9% 9,914 -1% 1,924,339 5.3% 2013 907 17,083 5.6% 9,861 -1% 2,021,398 5.0% 2014 907 17,990 5.3% 9,813 0% 2,118,457 4.8% 2015 907 18,897 5.0% 9,770 0% 2,215,517 4.6% 2016 907 19,804 4.8% 9,731 0% 2,312,577 4.4% Table 2.2 Key Findings Growth- Water Billed for Wastewater Average Average Annual Number Gals/ Volume Fiscal Additional of % Meter/ % Billed Year Meters Meters Growth Month Growth (Th.Gals.) Growth 2005 N/A 9,653 N/A 9,955 N/A 1,153,144 N/A 2006 559 10,212 5.8% 9,396 -5.6% 1,151,364 -0.2% 2007 1,041 11,253 10.2% 9,298 -1% 1,255,498 9.0% 2008 1,044 12,297 9.3% 9,216 -1% 1,359,906 8.3% 2009 1,044 13,341 8.5% 9,147 -1% 1,464,306 7.7% 2010 1,043 14,384 7.8% 9,088 -1% 1,568,614 7.1% 2011 1,043 15,427 7.3% 9,037 -1% 1,672,923 6.6% 2012 1,043 16,470 6.8% 8,992 0% 1,777,231 6.2% 2013 1,043 17,513 6.3% 8,953 0% 1,881,548 5.9% 2014 1,044 18,557 6.0% 8,918 0% 1,985,948 5.5% 2015 1,043 19,600 5.6% 8,887 0% 2,090,248 5.3% 2016 1,042 20,642 5.3% 8,859 0% 2,194,456 5.0% SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 10 McLain Decision Support Systems Mc LAIN Rohn McL:un.Pnncip+d•hlcLam lhrw.m Se'p.it St,rrm- 201 W S..mbwc.e Pkev.,•4104•Lcw,.cale.TX 75iti7 072)416.6181 C 11t,ue•(472)642-5197 Fat•(114)K4i-rf i 2 MolmiL•hdrox'Lnulain.kl..tom • 2.2.2. NTMWD water purchase costs. We have assumed the rate per thousand gallons charged by the North Texas Municipal Water District will increase as follows,beginning in FY 2007. Table 2.4 illustrates the impact on water costs. Table 2.3 Key Findings Water Loss Percentages Inflow/Infiltration Percentages Water Annual Billed Water Percent Annual For Actual& Wastewater Billed of Water Wastewater Projected Flow Fiscal (Th.Gals.) Water Purchased (Th.Gals.) Inflow/ Treated Year Table 2.1 Loss (Th.Gals.) Table 2.2 Infiltration (Th.Gals.) 2006 1,341,982 9.1% 1,476,180 1,151,364 9.1% 1,266,500 2007 1,439,042 9.1% 1,582,946 1,255,498 9.1% 1,381,048 2008 1,536,100 9.1% 1,689,710 1,359,906 9.1% 1,495,897 2009 1,633,160 9.1% 1,796,476 1,464,306 9.1% 1,610,737 2010 1,730,220 9.1% 1,903,242 1,568,614 9.1% 1,725,475 2011 1,827,279 9.1% 2,010,007 1,672,923 9.1% 1,840,215 2012 1,924,339 9.1% 2,116,773 1,777,231 9.1% 1,954,954 2013 2,021,398 9.1% 2,223,538 1,881,548 9.1% 2,069,703 2014 2,118,457 9.1% 2,330,303 1,985,948 9.1% 2,184,543 2015 2,215,517 9.1% 2,437,069 2,090,248 9.1% 2,299,273 2016 2,312,577 9.1% 2,543,835 2,194,456 9.1% 2,413,902 Table 2.4 Key Findings Water Purchases from NTMWD Planned Annual Consumption Actual Planned Rates Take-or- Planned Amount Take-or- Actual NTMWD Fiscal Pay Usage(000's) Over/(Under) Pay Planned Annual Year Minimum Table 2.3 Minimum Minimum Usage Charges Change 2005 1,266,615 1,387,214 120,599 $ 0.97 $ 0.23 $1,252,736 24.8% 2006 1,387,214 1,476,180 88,966 0.97 0.23 1,380,000 10.2% 2007 1,476,180 1,582,946 106,766 1.02 0.24 1,531,328 11.0% 2008 1,582,946 1,689,710 106,764 1.08 0.25 1,736,273 13.4% 2009 1,689,710 1,796,476 106,766 1.14 0.26 1,954,029 12.5% 2010 1,796,476 1,903,242 106,766 1.21 0.27 2,202,563 12.7% 2011 1,903,242 2,010,007 106,765 1.29 0.28 2,485,076 12.8% 2012 2,010,007 2,116,773 106,766 1.37 0.29 2,784,672 12.1% 2013 2,116,773 2,223,538 106,765 1.45 0.30 3,101,350 11.4% 2014 2,223,538 2,330,303 106,765 1.53 0.31 3,435,110 10.8% 2015 2,330,303 2,437,069 106,766 1.61 0.32 3,785,952 10.2% 2016 2,437,069 2,543,835 106,766 1.61 0.33 3,958,913 4.6% SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 11 McLain -•„►, A Derision Support alLfilr Systems Mc LAIN Robert Malin.Principal•McLun['cccc rl Supp.rt S,t4mn 201 W S.111,4r,1 Pkn,.,•-1105•Lewt.rillc,T\7i087 (97.1 436.6181,11ticc•t9721(i9;-5397 F.ts•(2 141 59 3-1ti51.Molnlc•64,4,n,1a ukl,tom • 2.2.3. NTMWD wastewater treatment costs. Tables 2.5 through 2.8 illustrate the assumptions used to forecast the wastewater treatment costs. O&M costs have been forecast, using an inflation factor of 3%per year. However,the major cost of each of the wastewater treatment plants is debt service, and NTMWD has provided us with amortization schedules for each of the outstanding issues. Table 2.5 Key Findings NTMWD Wastewater Treatment Costs Wylie Wastewater Treatment Plant Costs Fiscal O&M Debt Total Projected Flow(000's) Projected Costs Year Costs Service Costs Wylie Murphy Wylie Murphy 2005 $ 657,323 $ 196,325 $ 853,648 1,055,703 183,983 $ 726,957 $ 126,691 2006 330,721 198,847 529,568 1,055,703 183,983 450,974 78,594 2007 388,956 - 388,956 904,971 334,715 283,938 105,018 2008 358,048 - 358,048 904,971 334,715 261,375 96,673 2009 371,113 - 371,113 904,971 334,715 270,913 100,201 2010 384,727 - 384,727 904,971 334,715 280,851 103,876 2011 398,917 - 398,917 904,971 334,715 291,209 107,708 2012 413,709 - 413,709 904,971 334,715 302,008 111,701 2013 429,133 - 429,133 904,971 334,715 313,267 115,866 2014 445,218 - 445,218 904,971 334,715 325,009 120,209 2015 461,996 - 461,996 904,971 334,715 337,257 124,739 2016 479,502 - 479,502 904,971 334,715 350,036 129,465 Table 2.6 Key Findings NTMWD Wastewater Treatment Costs Muddy Creek Interceptor Costs Projected Flow(000's) Fiscal O&M Debt Total (Take-Or-Pay) Projected Costs Year Costs Service Costs Wylie Murphy Wylie Murphy 2005 $ 21,172 $ 267,485 $ 288,657 2,153,500 1,387,000 $ 175,575 $ 113,082 2006 46,129 266,231 312,360 2,153,500 1,387,000 189,992 122,368 2007 (22,727) 265,869 243,142 2,584,565 955,935 177,493 65,648 2008 (21,156) 265,263 244,107 2,584,565 955,935 178,198 65,909 2009 (19,537) 269,413 249,876 2,584,565 955,935 182,409 67,466 2010 (17,870) 268,075 250,205 2,584,565 955,935 182,650 67,555 2011 (16,152) 266,494 250,341 2,584,565 955,935 182,749 67,592 2012 (14,384) 269,669 255,285 2,584,565 955,935 186,358 68,927 2013 (12,562) 267,356 254,795 2,584,565 955,935 186,000 68,795 2014 (10,685) 269,800 259,115 2,584,565 955,935 189,154 69,961 2015 (8,752) 266,756 258,004 2,584,565 955,935 188,343 69,661 2016 (6,761) 269,956 263,195 2,584,565 955,935 192,132 71,063 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 12 16. McLain ''",o. Al Decision Support Systems Mc LAIN Rn1rn McLun.Principal•hicLmn ikYwon Narrott.,ysten. 201 W.S.e thwca Pl .•-#105•It,1.r,(k TX 750h7 (972,1416-(11s1 CNti,r•1U721(142.5197 Fes•(210 K91.102 tlob:le•I.d•aimdaut.Lk...,an Table 2.7 Key Findings NTMWD Wastewater Treatment Costs Muddy Creek Wastewater Treatment Costs Projected Flow(000's) Fiscal O&M Debt Total (Take-Or-Pay) Projected Costs Year Costs Service Costs Wylie Murphy Wylie Murphy 2005 $ 561,826 $1,269,995 $1,831,821 146,000 73,000 $1,221,214 $ 610,607 2006 1,039,580 1,266,995 2,306,575 210,797 73,000 1,713,265 593,310 2007 1,484,347 2,227,259 3,711,605 207,172 76,625 2,709,472 1,002,133 2008 1,896,834 2,225,745 4,122,579 1,055,703 76,625 3,843,602 278,977 2009 1,951,857 2,219,745 4,171,602 1,055,703 76,625 3,889,307 282,295 2010 2,008,993 2,216,495 4,225,488 1,055,703 76,625 3,939,547 285,941 2011 2,068,334 2,215,745 4,284,079 1,055,703 76,625 3,994,173 289,906 2012 2,129,977 2,214,070 4,344,047 1,055,703 76,625 4,050,082 293,964 2013 2,194,020 2,225,740 4,419,760 1,055,703 76,625 4,120,672 299,088 2014 2,260,570 2,228,415 4,488,985 1,055,703 76,625 4,185,213 303,772 2015 2,329,736 2,242,205 4,571,941 1,055,703 76,625 4,262,555 309,386 2016 2,401,635 2,247,145 4,648,780 1,055,703 76,625 4,334,194 314,586 Table 2.8 Key Findings Recap of NTMWD Wastewater Treatment Costs Muddy Muddy Wylie Creek Creek WWTP Interceptor WWTP Fiscal Costs Costs Costs Total Year Table 2.5 Table 2.6 Table 2.7 Costs 2005 $ 726,957 $ 175,575 $ 1,221,214 $ 1,774,798 2006 450,974 189,992 1,713,265 2,354,231 2007 283,938 177,493 2,709,472 3,170,903 2008 261,375 178,198 3,843,602 4,283,176 2009 270,913 182,409 3,889,307 4,342,629 2010 280,851 182,650 3,939,547 4,403,047 2011 291,209 182,749 3,994,173 4,468,132 2012 302,008 186,358 4,050,082 4,538,448 2013 313,267 186,000 4,120,672 4,619,939 2014 326,009 189,154 4,185,213 4,699,376 2015 337,257 188,343 4,262,555 4,788,156 2016 350,036 192,132 4,334,194 4,876,363 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 13 McLain A Decision Support OLSystems f Mc LAIN Rahn McLon,PrinctPal•FkL un lkwr>r.er'.n' n J9stcrm 201 W 5.aulnace Pka%,,•410i•Lee 1k,TX i00 (972)4,(-61'0 Oft"'•{972Y 692'097 I os•f'141 S9i.1fii2 M 4+ik•Ivd*kmclauaLL..com • 2.2.4. Additional staffing. Table 2.9 illustrates the additional of three (3)positions in FY 20092. Table 2.9 Key Findings City of Wylie Utility Staffing Levels Utility Utility Fiscal Admin. Utilities Eng. Billing Total Year (711) (712) (713) (715) Staffing 2005 2.50 14.00 3.00 5.50 25.00 2006 2.50 17.00 3.00 5.50 28.00 2007 2.50 17.00 3.00 5.50 28.00 2008 2.50 17.00 3.00 5.50 28.00 2009 2.50 20.00 3.00 5.50 31.00 2010 2.50 20.00 3.00 5.50 31.00 2011 2.50 20.00 3.00 5.50 31.00 2012 2.50 20.00 3.00 5.50 31.00 2013 2.50 20.00 3.00 5.50 31.00 2014 2.50 20.00 3.00 5.50 31.00 2015 2.50 20.00 3.00 5.50 31.00 2016 2.50 20.00 3.00 5.50 31.00 Table 2.10 Key Findings Personnel-Related Costs Utility Water Sewer Utility Fiscal Inflation Admin. Utilities Eng. Utilities Billing Year Driver (711) (712) (713) (714) (715) Total 2005 6.00% $ 313,860 $ 575,380 $ 303,670 $ 248,040 $ 404,470 $1,845,420 2006 6.00% 271,290 592,280 318,720 241,010 423,500 1,846,800 2007 6.00% 317,250 627,817 266,187 255,471 379,774 1,846,498 2008 6.00% 336,284 665,486 282,158 270,799 402,561 1,957,288 2009 6.00% 356,462 829,900 299,088 337,702 426,716 2,249,868 2010 6.00% 377,851 879,694 317,034 357,964 452,318 2,384,861 2011 6.00% 400,523 932,476 336,057 379,442 479,459 2,527,955 2012 6.00% 424,555 988,424 356,219 402,209 508,227 2,679,634 2013 6.00% 450,028 1,047,730 377,592 426,341 538,720 2,840,411 2014 6.00% 477,031 1,110,593 400,248 451,922 571,043 3,010,837 2015 6.00% 505,651 1,177,229 424,265 479,037 605,306 3,191,488 2016 6.00% 535,991 1,247,863 449,721 507,779 641,625 3,382,978 2 Per City staff. SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 14 McLain -•► Decision Support Systems Mc LAIN R,kri McLwn.Principal•t lcLmn Ihri,ton`infl S na 2 1 W Snuhuot ••410i•Lvv.t,Me.TX 7iC67 19721 416.6181 Chits•{9721 092-5147 F.is•C I41 H91.}65;Mobile•1,1 4md f1m1,1,a,,nt • 2.2.5. Inflation drivers. Salaries were increased annually using expenditure drivers of 6%, based on the FY 2006 budget. Most other operating and maintenance costs were driven by an annual inflation factor of 3%. Medical insurance was increased 7% per year. Tables 2.11 and 2.12 illustrate the impact of these inflation drivers on the operating and maintenance costs over the planning period. Table 2.11 Key Findings Total Departmental Operating and Maintenance Costs Including Departmental Capital Excluding NTMWD Costs Utility Water Sewer Utility Combined Fiscal Admin. Utilities Eng. Utilities Billing Services Year (711) (712) (713) (714) (715) (719) Total 2005 $ 365,835 $ 996,506 $ 390,626 $ 425,020 $ 542,457 $ 116,578 $2,837,022 2006 340,580 1,049,880 419,670 492,010 2,441,460 110,960 4,854,560 2007 421,800 1,078,180 433,130 600,360 974,620 115,960 3,624,050 2008 374,706 1,127,928 386,136 625,238 777,241 123,335 3,414,583 2009 395,858 1,301,859 406,588 701,406 812,863 131,039 3,749,615 2010 418,243 1,364,239 428,194 731,764 850,303 139,086 3,931,829 2011 441,936 1,429,953 451,019 763,636 889,663 147,491 4,123,698 2012 467,012 1,499,182 475,134 797,105 931,045 156,267 4,325,745 2013 493,556 1,572,128 500,615 832,260 974,561 165,429 4,538,549 2014 521,654 1,649,004 527,544 869,192 1,020,328 174,994 4,762,716 2015 551,394 1,730,022 556,007 907,993 1,068,474 184,977 4,998,866 2016 582,881 1,815,431 586,085 948,771 1,119,123 195,394 5,247,686 Table 2.12 Key Findings Recap of Operating&Maintenance Costs Departmental Water Wastewater O&M Purchases Treatment Fiscal From From From Year Table 2.11 Table 2.4 Table 2.8 Total 2005 $ 2,837,022 $1,252,736 $1,774,798 $5,864,556 2006 4,854,560 1,380,000 2,354,231 8,588,791 2007 3,624,050 1,518,000 3,170,903 8,312,953 2008 3,414,583 1,736,273 4,283,176 9,434,032 2009 3,749,615 1,954,029 4,342,629 10,046,272 2010 3,931,829 2,202,563 4,403,047 10,537,440 2011 4,123,698 2,485,076 4,468,132 11,076,906 2012 4,325,745 2,784,672 4,538,448 11,648,865 2013 4,538,549 3,101,350 4,619,939 12,259,838 2014 4,762,716 3,435,110 4,699,376 12,897,201 2015 4,998,866 3,785,952 4,788,156 13,572,974 2016 5,247,686 3,958,913 4,876,363 14,082,962 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 15 McLain Decision Support alLSystems McLAIN Robert n MrLun.['thug,tI•Rid.tin IX-xtttion Sgtiv,n yr.ntin 201 VL`.ti:unMcc>t Pknt.,•410i•Lcui.rd1c,TX 75t2n7 t4721436-(+ISI Orin,• 7 2 1 692-5 147 F,rs•(2141 x41.1n52 Wink•1t1,4ntri:u .1.i..tint • 2.2.6. Water Capital Improvement Program: A $17.653 million water capital improvement plan has been incorporated into the financial plan. The capital improvement plan calls for two (2) bond issues totaling $13,480,000 over the next three years, beginning with a $6,500,000 issue in FY 2006. Table 2.23 and Table 2.24 shows the impact of these debt issues. • 2.2.7. Wastewater Capital Improvement Program: The wastewater capital improvement plans calls for a $12,250,000 debt issue, related to the expansion of the Muddy Creek Wastewater Treatment Plant. This debt issue will be NTMWD contract revenue debt, and will be shared with the City of Murphy. Wylie will pay approximately 73% of the debt service, and Murphy will pay 27%. This debt issue will be paid the NTMWD as part of the wastewater treatment bill for Muddy Creek. • 2.2.8. Use of Impact Fees: The most critical assumption incorporated into the financial plan is the use of impact fees to partially fund debt service payments. Tables 2.15 -2.29 illustrate the importance of this funding source. Table 2.13 Key Findings Revenue Debt-Existing Water&Sewer Fiscal Series Series Series Year 1999 2000 2002 Total 2005 $ 112,505 $ 137,149 $ 86,775 $ 336,429 2006 114,093 138,628 84,775 337,495 2007 110,518 139,799 82,775 333,092 2008 111,930 140,665 85,650 338,245 2009 113,473 141,224 83,400 338,097 2010 110,158 141,828 86,025 338,010 2011 111,680 142,549 83,663 337,892 2012 112,910 143,065 86,574 342,549 2013 113,840 143,324 84,566 341,731 2014 114,468 143,290 87,365 345,123 2015 114,785 142,908 84,995 342,688 2016 114,790 147,078 87,463 349,330 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 16 McLain -ti A Derision Support Systems McLAIN Robert N4cLain.1'rinctra1•blcLaln Ik+cwan Snrr,rt S%,Sem, 201 W.St,tnlrac,t rkat..•9105•Lcati.vIlk.TX 750t,7 {972)436.6181 Cl(nce•072 092,5397 Fax•(_l41 S41-3652 Mobile•l'obdt ulam.ki.c.nu Table 2.14 Key Findings Revenue Debt-Existing Water Portion Series Series Series Fiscal 1999 2000 2002 Year 50.00% 20.00% 50.00% Total 2005 $ 56,253 $ 27,430 $ 43,388 127,070 2006 57,046 27,726 42,388 127,159 2007 55,259 27,960 41,388 124,606 2008 55,965 28,133 42,825 126,923 2009 56,736 28,245 41,700 126,681 2010 55,079 28,366 43,013 126,457 2011 55,840 28,510 41,831 126,181 2012 56,455 28,613 43,287 128,355 2013 56,920 28,665 42,283 127,868 2014 57,234 28,658 43,683 129,574 2015 57,393 28,582 42,498 128,472 2016 57,395 29,416 43,731 130,542 Table 2.15 Key Findings Revenue Debt-Existing Water Portion Portion Eligible for Impact Fees %-> 50.0% 45.0% 45.0% %-> 50.0% 50.0% 50.0% Fiscal Series Series Series Year 1999 2000 2002 Total 2005 $ 14,063 $ 6,172 $ 9,762 $ 29,997 2006 14,262 6,238 9,537 30,037 2007 13,815 6,291 9,312 29,418 2008 13,991 6,330 9,636 29,957 2009 14,184 6,355 9,383 29,922 2010 13,770 6,382 9,678 29,830 2011 13,960 6,415 9,412 29,787 2012 14,114 6,438 9,740 30,291 2013 14,230 6,450 9,514 30,193 2014 14,308 6,448 9,829 30,585 2015 14,348 6,431 9,562 30,341 2016 14,349 6,618 9,840 30,807 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 17 McLain - A Decision Support Systems McLAIN Robert McLain.t'rmural•Ma_on tk.,rion Sopron S..c.vn+ 201 VG.S,.urhuc.r tkuut„•410;•Lcuhv11k,rh 7;.`o7 i9721416.6181 tNti:e•(97 1 692-i)97 Fax•t_'H?S0i 102 Mobil,•hd+4m,k,„,1,1,,,„e Table 2.16 Key Findings Revenue Debt-Existing Wastewater Portion Series Series Series Fiscal 1999 2000 2002 Year 50.00% 80.00% 50.00% Total 2005 $ 56,253 $ 109,720 $ 43,388 $ 209,360 2006 57,046 110,902 42,388 210,336 2007 55,259 111,840 41,388 208,486 2008 55,965 112,532 42,825 211,322 2009 56,736 112,980 41,700 211,416 2010 55,079 113,462 43,013 211,553 2011 55,840 114,040 41,831 211,711 2012 56,455 114,452 43,287 214,194 2013 56,920 114,660 42,283 213,863 2014 57,234 114,632 43,683 215,548 2015 57,393 114,326 42,498 214,216 2016 57,395 117,662 43,731 218,788 Table 2.17 Key Findings Revenue Debt-Existing Wastewater Portion Portion Eligible for Impact Fees %a 95.0% 95.0% 95.0% %-> 50.0% 50.0% 50.0% Fiscal Series Series Series Year 1999 2000 2002 Total 2005 $ 26,720 $ 52,117 $ 20,609 $ 99,446 2006 27,097 52,678 20,134 99,909 2007 26,248 53,124 19,659 99,031 2008 26,583 53,453 20,342 100,378 2009 26,950 53,665 19,808 100,422 2010 26,162 53,894 20,431 100,488 2011 26,524 54,169 19,870 100,563 2012 26,816 54,365 20,561 101,742 2013 27,037 54,463 20,084 101,585 2014 27,186 54,450 20,749 102,385 2015 27,261 54,305 20,186 101,753 2016 27,263 55,889 20,772 103,924 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 18 McLain Decision Support CP- Systems McLAIN Kntrn McLain.Pnnttral•McLain I)�tYmn Snpin ft SS>a•.nn. 201 W.S,,ntltwc.c Plo,-.•4l0S•Ltwmille,TX 7S007 {9721414,6181 Om,•19:21 692 5197 1 6,•(2141.S91-16S2 M.4 tle•ls.94nxl.nn.L1...n Table 2.18 Key Findings Non-Revenue Debt-Existing Water& Sewer Fiscal Series Series Series Series Series Year 1993 1995 1997 2005 2005 Total 2005 $ 395,145 $ 230,115 $ 97,776 $ - $ - $ 723,035 2006 364,528 228,643 99,263 - - 692,434 2007 - - 98,791 443,275 151,454 693,520 2008 - - 100,332 442,025 151,454 693,810 2009 - - 101,610 366,600 151,454 619,663 2010 - - 100,472 367,000 151,454 618,926 2011 - - 101,342 214,200 151,454 466,995 2012 - - 101,936 213,038 151,454 466,427 2013 - - 102,297 215,900 151,454 469,651 2014 - - 104,589 217,900 151,454 473,942 2015 - - 104,310 224,400 151,454 480,163 2016 - - 105,900 - 75,727 181,627 Table 2.19 Key Findings Non-Revenue Debt-Existing Water Portion Series Series Series Series Series Fiscal 1993 1995 1997 2005 2005 Year 0.00% 90.02% 50.00% 50.00% 50.00% Total 2005 $ - $ 207,143 $ 48,888 $ - $ - $ 256,031 2006 - 205,819 49,632 - - 255,450 2007 - - 49,396 221,638 75,727 346,760 2008 - - 50,166 221,013 75,727 346,905 2009 - - 50,805 183,300 75,727 309,832 2010 - - 50,236 183,500 75,727 309,463 2011 - - 50,671 107,100 75,727 233,498 2012 - - 50,968 106,519 75,727 233,214 2013 - - 51,149 107,950 75,727 234,825 2014 - - 52,294 108,950 75,727 236,971 2015 - - 52,155 112,200 75,727 240,082 2016 - - 52,950 - 37,863 90,813 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 19 s, McLain Decision Support IlLSystems r Mc LAIN Rohn McLain.Pnn i',I•4kL.run tkwniun S pport Sy.rem+ 1 W.ti,nnhwcst Pkwti.,=410i•1cw1v111c.TX 7iQ6i (9721 416.61S1 Oft.,•(V7Z}(142.iSV7 Fa:•('14)SQi-it,i2 V(ob k•1,1,4 n.lain.kl r,.m Table 2.20 Key Findings Non-Revenue Debt-Existing Water Portion Portion Eligible for Impact Fees %-> 0.0% 0.0% 50.0% 0.0% 0.0% %-> 50.0% 50.0% 50.0% 50.0% 50.0% Fiscal Series Series Series Series Series Year 1993 1995 1997 2005 2005 Total 2005 $ - $ - $ 12,222 $ - $ - $ 12,222 2006 - - 12,408 - - 12,408 2007 - - 12,349 - - 12,349 2008 - - 12,541 - - 12,541 2009 - - 12,701 - - 12,701 2010 - - 12,559 - - 12,559 2011 - - 12,668 - - 12,668 2012 - - 12,742 - - 12,742 2013 - - 12,787 - - 12,787 2014 - - 13,074 - - 13,074 2015 - - 13,039 - - 13,039 2016 - - 13,238 - - 13,238 Table 2.21 Key Findings Non-Revenue Debt-Existing Wastewater Portion Series Series Series Series Series Fiscal 1993 1995 1997 2005 2005 Year 100.00% 9.98% 50.00% 50.00% 50.00% Total 2005 $ 395,145 $ 22,971 $ 48,888 $ - $ - $ 467,004 2006 364,528 22,824 49,632 - - 436,984 2007 - - 49,396 221,638 75,727 346,760 2008 - - 50,166 221,013 75,727 346,905 2009 - - 50,805 183,300 75,727 309,832 2010 - - 50,236 183,500 75,727 309,463 2011 - - 50,671 107,100 75,727 233,498 2012 - - 50,968 106,519 75,727 233,214 2013 - - 51,149 107,950 75,727 234,825 2014 - - 52,294 108,950 75,727 236,971 2015 - - 52,155 112,200 75,727 240,082 2016 - - 52,950 - 37,863 90,813 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 20 McLain Decision Al Support IL, Systems f Mc LA IN Ran McLain.Pnnciral•McLain D,151'11 5urr.n Sgarrm� _'il W.S out1,,-i Pk., >410i•Lrwi..ilic,TX 75, 072F 44i-0181 CNfin••0721 692h197 Fax•(2t4)h'9i.H,i2 M,d•dc•h,1,41ticlanald..aan Table 2.22 Key Findings Non-Revenue Debt- Existing Wastewater Portion Portion Eligible for Impact Fees %-> 0.0% 0.0% 95.0% 0.0% 0.0% %-> 0.0% 0.0% 50.0% 0.0% 0.0% Fiscal Series Series Series Series Series Year 1993 1995 1997 2005 2005 Total 2005 $ - $ - $ 23,222 $ - $ - $ 23,222 2006 - - 23,575 - - 23,575 2007 - - 23,463 - - 23,463 2008 - - 23,829 - - 23,829 -2009 - 24,132 - - 24,132 2010 - - 23,862 - - 23,862 2011 - - 24,069 - - 24,069 2012 - - 24,210 - - 24,210 2013 - - 24,296 - - 24,296 2014 - - 24,840 - - 24,840 2015 - - 24,774 - - 24,774 2016 - - 25,151 - - 25,151 Table 2.23 Key Findings Water Capital Improvement Plan(from Impact Fee Study) Table 1 of 2 Newport South Automated Harbor Nortex NTMWD Ballard Fiscal Meter Ease- Pump Pump Pump Elevated Water Year Reading ments Station Station Station Tank Lines Total 2006 $ - $ 89,350 $ - $ - $ - $ - $ - $ 89,350 2007 1,000,000 89,350 1,255,200 163,000 941,000 - 4,448,500 7,897,060 2008 - 89,350 160,000 368,000 - - 1,366,000 1,972,350 2009 - 89,350 160,000 913,000 130,000 - - 1,292,360 2010 - 89,360 - - - 2,676,000 99,000 2,863,350 2011 - 89,360 844,000 136,000 - - - 1,068,360 2012 - 89,360 - 676,000 136,000 - 1,213,000 2,113,360 2013 - 89,360 - - - - - 89,360 2014 - 89,350 - - - - - 89,360 2015 - 89,350 - - - - - 89,350 2016 - 89,350 - - - - - 89,350 $1,000,000 $ 982,850 $2,419,200 $2,244,000 $1,207,000 $2,676,000 $7,126,600 $17,653,660 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 21 McLain -",w A Decision Support ILAIP Systems Mc LAIN R'beri McLain.i'nncepal•M Larn Do.to.m Supr*.nr D}srcau 201 W ti 1111w..r Pkwi.,.410i•Lvi.idle,TX 754.$7 ((72i 4364(I`t1 klitke•0711 6(7.ii47I..r•(2142 H'i.3bi2 Mobrkc•1,1,16,mlamJJ..,.ne Table 2.23 Key Findings Water Capital Improvement Plan Table 2 of 2 Total Sources Drawdown Drawdown Total Uses Minus Planned of of Sources of Uses Fiscal Bond Impact Operating of Funds of Ending Year Issues Fees Reserves Funds Table 2.23 Funds Balance 2006 $ - $ - $ 89,350 $ 89,350 $ 89,350 $ - $ - 2007 6,500,000 4,000,000 89,350 10,589,350 7,897,050 2,692,300 2,692,300 2008 - - 89,350 89,350 1,972,350 (1,883,000) 809,300 2009 6,980,000 - 89,350 7,069,350 1,292,350 5,777,000 6,586,300 2010 - - 89,350 89,350 2,863,350 (2,774,000) 3,812,300 2011 - - 89,350 89,350 1,068,350 (979,000) 2,833,300 2012 - - 89,350 89,350 2,113,350 (2,024,000) 809,300 2013 - - 89,350 89,350 89,350 - 809,300 2014 - - 89,350 89,350 89,350 - 809,300 2015 - - 89,350 89,350 89,350 - 809,300 2016 - - 89,350 89,350 89,350 - 809,300 $13,480,000 $ 4,000,000 $ 982,850 $18,462,850 $17,653,550 Table 2.24 Key Findings Planned Annual New Debt Service 2007 2009 Water-> $ 6,500,000 $ 6,980,000 Sewer-> - - Year $ 6,500,000 $ 6,980,000 Total 2006 $ - $ - $ - 2007 390,000 - 390,000 2008 715,000 - 715,000 2009 695,500 418,800 1,114,300 2010 676,000 767,800 1,443,800 2011 656,500 746,860 1,403,360 2012 702,000 725,920 1,427,920 2013 678,600 704,980 1,383,580 2014 655,200 753,840 1,409,040 2015 631,800 728,712 1,360,512 2016 608,400 703,584 1,311,984 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 22 McLain Derision Support Systems McL.AIN Robert McLain.l'nnctpal•Ma On IArr,ton7 S tititon 201 W.S.xnitwca Pkv v,..4105•Lctct.v,I€c,TX i'0+7 0721 41(84481 01N.,•0721 692,5 A17 Fax•(2141 NOI:652 Manic•IN thttnAFAOI,LI>.�on, Table 2.25 Key Findings Planned Annual New Debt Service-Water Portion Eligible for Impact Fees 2007 2009 Water-> $ 6,500,000 $ 6,980,000 %-> 60.9% 34.4% -> 50.0% 50.0% Year $ 1,980,756 $ 1,199,433 Total 2005 $ - $ - $ - 2006 - - - 2007 118,845 - 118,845 2008 217,883 - 217,883 2009 211,941 71,966 283,907 2010 205,999 131,938 337,936 2011 200,056 128,339 328,396 2012 213,922 124,741 338,663 2013 206,791 121,143 327,934 2014 199,660 129,639 329,199 2015 192,530 125,221 317,750 2016 185,399 120,903 306,302 Table 2.26 Key Findings NTMWD Wastewater Contract Revenue Debt Wylie s Share-Paid as part of NTMWD Payments Muddy Wylie Creek WWTP Muddy Muddy WWTP Fiscal Series Creek Creek Expansion Year 1988 Interceptor WWTP $12,250,000 Total 2005 $ 196,325 $ - $ - $ - $ 196,325 2006 198,847 162,401 772,867 - 1,134,115 2007 - 162,180 770,274 588,353 1,520,808 2008 - 161,810 769,969 587,735 1,519,515 2009 - 164,342 765,699 588,345 1,518,386 2010 - 163,526 763,717 588,345 1,515,588 2011 - 162,561 763,869 587,735 1,514,166 2012 - 164,498 761,018 589,565 1,515,081 2013 - 163,087 767,069 590,633 1,520,789 2014 - 164,578 771,446 587,888 1,523,911 2015 - 162,721 777,113 590,633 1,530,466 2016 - 164,673 781,346 589,413 1,535,432 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 23 D. McLain .. Decision Support Cow Systems Mc LAIN Robert McLum.a4tnclpal•McLain tkcbwn Supp.rt 1)yscawns 201 W.Matrhwc't Pkwt.,•4105•Lcw1,ilk TX 750167 (9721 416(6181 l)ttt,•t`'7_)692.51977 F,x•(214)ti91-1652 Moixilr•bobitinamul.h.cnut Table 2.27 Key Findings NTMWD Wastewater Contract Revenue Debt Wylie's Share-Paid as part of NTMWD Payments Portion Eligible for Impact Fees %-> 95.0% 95.0% 95.0% 95.0% %-> 50.0% 50.0% 50.0% 50.0% Wylie Muddy WWTP Muddy Muddy Creek Fiscal Series Creek Creek WWTP Year 1988 Interceptor WWTP Expansion Total 2005 $ 93,254 $ - $ - $ - $ 93,254 2006 94,452 77,141 367,112 - 538,705 2007 - 77,035 365,880 279,468 722,384 2008 - 76,860 365,735 279,174 721,769 2009 - 78,062 363,707 279,464 721,233 2010 - 77,675 362,766 279,464 719,904 2011 - 77,217 362,838 279,174 719,229 2012 - 78,137 361,483 280,043 719,663 2013 - 77,466 364,358 280,550 722,375 2014 - 78,175 366,437 279,247 723,858 2015 - 77,293 369,128 280,550 726,972 2016 - 78,220 371,139 279,971 729,330 Table 2.28 Key Findings Recap of Use of Impact Fees- Water Water Portion For For Existing For Existing Non- Planned Revenue Revenue Revenue Fiscal Debt Debt Debt Year Table 2.15 Table 2.20 Table 2.25 Total 2005 $ 29,997 $ 12,222 $ - $ 42,219 2006 30,037 12,408 - 42,445 2007 29,418 12,349 118,845 160,612 2008 29,957 12,541 217,883 260,381 2009 29,922 12,701 283,907 326,530 2010 29,830 12,559 337,936 380,325 2011 29,787 12,668 328,396 370,850 2012 30,291 12,742 338,663 381,696 2013 30,193 12,787 327,934 370,914 2014 30,585 13,074 329,199 372,858 2015 30,341 13,039 317,750 361,130 2016 30,807 13,238 306,302 350,346 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 24 McLain Decision Support Systems Mc LAIN Rohn McL;mi,Ptlnci d•McL.nn I) i+t.,n Snpp.m ,T sm+ ?01 W.S,.nit,twcnt Pk .,•4105•Lc.tei ilk,TX 75.007 (972!41ti•ri1SI Oitiur•0721 0Vb5197 Rix•(21.0 491.3.i2 N1,1,11,-•1v4+41ucl.,sLh.,nn Table 2.29 Key Findings Recap of Use of Impact Fees-Wastewater For For For Existing NTMWD Existing Non- Contract Revenue Revenue Revenue Fiscal Debt Debt Debt Year Table 2.17 Table 2.22 Table 2.27 Total 2005 $ 99,446 $ 23,222 $ 93,254 $ 215,922 2006 99,909 23,575 538,705 662,189 2007 99,031 23,463 722,384 844,877 2008 100,378 23,829 721,769 845,976 2009 100,422 24,132 721,233 845,788 2010 100,488 23,862 719,904 844,254 2011 100,563 24,069 719,229 843,860 • 2012 101,742 24,210 719,663 845,615 2013 101,585 24,296 722,375 848,255 2014 102,385 24,840 723,858 851,083 2015 101,753 24,774 726,972 853,498 2016 103,924 25,151 729,330 858,406 Table 2.30 Key Findings Recap of Debt Service Non- Revenue Revenue Debt Service Debt Fiscal Existing Planned Existing Year Table 2.13 Table 2.24 Table 2.18 Total 2005 $ 336,429 $ - $ 723,035 $1,059,465 2006 337,495 - 692,434 1,029,929 2007 333,092 390,000 693,520 1,416,612 2008 338,245 715,000 693,810 1,747,055 2009 338,097 1,114,300 619,663 2,072,060 2010 338,010 1,443,800 618,926 2,400,736 2011 337,892 1,403,360 466,995 2,208,247 2012 342,549 1,427,920 466,427 2,236,896 2013 341,731 1,383,580 469,651 2,194,961 2014 345,123 1,409,040 473,942 2,228,105 2015 342,688 1,360,512 480,163 2,183,363 2016 349,330 1,311,984 181,627 1,842,941 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 25 McLoin Decision Support Systems McLAIN Robert McLwn.Prtnnrnl•Nitlam th,ot,wn Support Sqe c;n W.5.utI wssa Pkwt„•4105•Len.Lexok IIle,TX 75CP7 V97_1436 h1SI c)tt, •(972i 69.-5397 Fax•(214)S91-1(L Mob,te•1 ,H m 1an.61«nn • 2.2.9. Collection of Impact Fees. In order to give the reader some perspective, the next two tables illustrate the key planning assumptions used, related to the collection and use of water and sewer impact fees. Table 2.31 Key Findings Recap of Impact Fees-Water Sources&Uses of Funds Sources of Funds Uses of Funds Water For Impact Debt Fiscal Beginning Fees Interest Service For Ending Year Balance + Collected + Earned Table 2.28 CIP Balance 2006 $4,279,513 + $ 295,779 + $ 128,385 $ (42,445) $ - $4,661,231 2007 4,661,231 + 1,252,119 + 139,837 (160,612) (4,000,000) 1,892,575 2008 1,892,575 + 1,252,119 + 56,777 (260,381) - 2,941,090 2009 2,941,090 + 1,252,119 + 88,233 (326,530) - 3,954,911 2010 3,954,911 + 1,252,119 + 118,647 (380,325) - 4,945,352 2011 4,945,352 + 1,252,119 + 148,361 (370,850) - 5,974,982 2012 5,974,982 + 1,252,119 + 179,249 (381,696) - 7,024,654 2013 7,024,654 + 1,252,119 + 210,740 (370,914) - 8,116,598 2014 8,116,598 + 1,252,119 + 243,498 (372,858) - 9,239,357 2015 9,239,357 + 1,252,119 + 277,181 (361,130) - 10,407,527 2016 10,407,527 + 1,252,119 + 312,226 (350,346) - 11,621,525 Table 2.32 Key Findings Recap of Impact Fees-Wastewater Sources&Uses of Funds Sources of Funds Uses of Funds Wastewater For Impact Debt Fiscal Beginning Fees Interest Service Ending Year Balance + Collected + Earned Table 2.29 Balance 2006 $6,478,647 + $ 683,963 + $ 194,359 $ (662,189) $6,694,780 2007 6,694,780 + 1,281,789 + 200,843 (844,877) 7,332,536 2008 7,332,536 + 1,285,174 + 219,976 (845,976) 7,991,710 2009 7,991,710 + 1,285,072 + 239,751 (845,788) 8,670,745 2010 8,670,745 + 1,283,943 + 260,122 (844,254) 9,370,557 2011 9,370,557 + 1,283,943 + 281,117 (843,860) 10,091,757 2012 10,091,757 + 1,283,943 + 302,753 (845,615) 10,832,838 2013 10,832,838 + 1,284,046 + 324,985 (848,255) 11,593,614 2014 11,593,614 + 1,285,072 + 347,808 (851,083) 12,375,411 2015 12,375,411 + 1,283,841 + 371,262 (853,498) 13,177,017 2016 13,177,017 + 1,282,712 + 395,310 (858,406) 13,996,634 SECTION II—IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 26 McLain A -`,'" Decision Support Systems McLAIN Robert Mtlam.Pr,nctp:,I•1kL°n Des(mot)sttpts et'g.trmn 201 W.26.awhwtrst Rwt-..•4104•Lcst.v,k.TX 7504)7 19721436-tt1S1<11fhe•t47_'1 t192-5 47 Fas•(214)S9;_;ti5?Mobsk••IstbAtnclatn.k3..tom • 2.2.10. Renewal and Replacement Costs. The City will have an opportunity, beginning in FY 2008, to begin incorporating the cost of funding the renewal and replacement of the infrastructure of the water and wastewater system out of rates. This is a sound financial policy, which is looked upon favorably by the rating agencies. The basis for the calculation of this transfer is annual depreciation expense. The initial cost for FY 2008 will be $262,500. We are showing this cost in Table 2.33. Table 2.33 Key Findings Recap of Non-Operating Costs Transfers to the Infrastructure Renewal and Replacement Fund Fiscal Annual Depreciation Percentage Funded Transfers Year Water Sewer Water Sewer Water Sewer 2005 $ 620,000 $ 280,000 0.0% 0.0% $ - $ - 2006 645,000 305,000 0.0% 0.0% - - 2007 670,000 330,000 0.0% 0.0% - - 2008 695,000 355,000 25.0% 25.0% 173,750 88,750 2009 720,000 380,000 35.0% 35.0% 252,000 133,000 2010 745,000 405,000 45.0% 45.0% 335,250 182,250 2011 770,000 430,000 55.0% 55.0% 423,500 236,500 2012 795,000 455,000 65.0% 65.0% 516,750 295,750 2013 820,000 480,000 75.0% 75.0% 615,000 360,000 2014 845,000 505,000 85.0% 85.0% 718,250 429,250 2015 870,000 530,000 95.0% 95.0% 826,500 503,500 2016 895,000 555,000 105.0% 105.0% 939,750 582,750 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 27 McLain All -' Decision Support Systems • kJ/ Mc LAIN Roberl McLun,t'nncrpd•A1cL4m lkcrs,on Sarran Spaarn 201 W hw,r rkws.,•414.11•Lcwi.vJlo,TX 7`5, 497?i 4i6-(181 0111,e•(42)692.5197 Fux•421416) . t,i?M441,4le•l.11.41m I,nJJ..com Table 2.34 Key Findings Recap of Non-Operating Costs Transfer Transfer To Debt To R&R Fiscal Service General Fund Year Table 2.30 Fund Table 2.33 Total 2005 $1,059,465 $ 420,000 $ - $1,479,465 2006 1,029,929 420,000 - 1,449,929 2007 1,416,612 450,000 - 1,866,612 2008 1,747,055 468,000 262,500 2,477,555 2009 2,072,060 487,000 385,000 2,944,060 2010 2,400,736 506,000 517,500 3,424,236 2011 2,208,247 526,000 660,000 3,394,247 2012 2,236,896 547,000 812,500 3,596,396 2013 2,194,961 569,000 975,000 3,738,961 2014 2,228,105 592,000 1,147,500 3,967,605 2015 2,183,363 616,000 1,330,000 4,129,363 2016 1,842,941 641,000 1,522,500 4,006,441 • 2.2.11. General Fund Transfers. We have assumed the transfer to the general fund will increase 4%annually. Table 2.34 shows this transfer. SECTION II—IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 28 McLain Decision Support Systems t Mc LAIN Ftnhrt.\tc Lam.PrtncPal•McLsm Ikcnt„n S113,11 s,[cnu S,u thac,t Pkwr.,•4l0i•Lca L rtllc.Ti 75t07 9721 44,4,181 thttc.^•0721 642-SW7 Fts•CIO„41-101 h1 I'k•1,hamaintrl.b.unn Table 2.35 Key Findings Recap of Total Gross Cost of Service Total Total Non- Operating Operating Total Costs Costs Gross Fiscal From From Cost of Year Table 2.12 Table 2.30 Service 2005 $5,864,556 $ 1,479,465 $7,344,021 2006 8,588,791 1,449,929 10,038,720 2007 8,312,963 1,866,612 10,179,564 2008 9,434,032 2,477,555 11,911,587 2009 10,046,272 2,944,060 12,990,332 2010 10,537,440 3,424,236 13,961,676 2011 11,076,906 3,394,247 14,471,153 2012 11,648,865 3,696,396 15,245,261 2013 12,259,838 3,738,961 15,998,799 2014 12,897,201 3,967,605 16,864,806 2015 13,572,974 4,129,363 17,702,337 2016 14,082,962 4,006,441 18,089,403 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 29 McLain ~`A Decision Support %kb," Systems McLAIN Robert McLain,Pnnc*r.d•McLain Dt-,..on Sujp.ii S\R<m, in W:kaithwcsc Plwc.,•4105•EtwLY{ik TX 7'C1,7 k972343(-6t$l Olt,,,,•1972)092-i397 Fax•((4)89i-ibi2 M.d.ile• nc, ndd..<om Table 2.36 Key Findings Recap of Non-Rate Operating Revenues Fiscal Water Sewer Reconnect Year Taps Taps Fees Totals 2005 $ 136,169 $ 21,770 $ 35,820 $ 193,759 2006 200,000 29,700 22,000 251,700 2007 150,000 25,000 40,000 215,000 2008 200,000 29,700 43,117 272,817 2009 200,000 29,700 46,233 275,933 2010 200,000 29,700 49,350 279,050 2011 200,000 29,700 52,466 282,166 2012 200,000 29,700 55,583 285,283 2013 200,000 29,700 58,699 288,399 2014 200,000 29,700 61,816 291,516 2015 200,000 29,700 64,932 294,632 2016 200,000 29,700 68,049 297,749 Table 2.37 Key Findings Recap of Non-Rate Non-Operating Revenues Interest Utility Gain on Fiscal from Pretreatment Sale of Misc. Year Investments Fees Assets Income Totals 2005 $ 441,638 $ 36,000 $ 193,305 $ 129,976 $ 800,919 2006 60,000 38,000 - 40,000 138,000 2007 50,000 38,000 - 136,860 224,860 2008 50,000 38,000 - 136,860 224,860 2009 43,700 38,000 - 136,860 218,560 2010 37,600 38,000 - 136,860 212,460 2011 33,400 38,000 - 136,860 208,260 2012 36,100 38,000 - 136,860 210,960 2013 39,000 38,000 - 136,860 213,860 2014 42,100 38,000 - 136,860 216,960 2015 44,300 38,000 - 136,860 219,160 2016 45,800 38,000 - 136,860 220,660 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 30 McLain -.'Ai Decision Support kr.," Systems McLAIN Robert NILI Atn.Punap:d•M.L itn INN',ton 4upp+xt lgat,tn* 201 W.S,anhwc.t PI:w,.,•4165•Lrw.vO!e,TX 75C'0 7 i9721416.618I')Itte.••0721 692,i177 lax•(_'14)RQi.4t62 Mohdr•1,1,4•0 ns dd, ,lit Table 2.38 Key Findings Recap of Revenue Offsets Drawdown Drawdown of of Non-Rate Non-Rate Water Wastewater Operating Non-Operating Impact Impact Fiscal Revenues Revenues Fees Fees Year Table 2.36 Table 2.37 Table 2.28 Table 2.29 Totals 2005 $ 193,759 $ 800,919 $ 42,219 $ 215,922 $ 1,252,819 2006 251,700 138,000 42,445 662,189 1,094,334 2007 215,000 224,860 160,612 844,877 1,445,349 2008 272,817 224,860 260,381 845,976 1,604,034 2009 275,933 218,560 326,530 845,788 1,666,811 2010 279,050 212,460 380,325 844,254 1,716,089 2011 282,166 208,260 370,850 843,860 1,705,136 2012 285,283 210,960 381,696 845,615 1,723,554 2013 288,399 213,860 370,914 848,255 1,721,428 2014 291,516 216,960 372,858 851,083 1,732,416 2015 294,632 219,160 361,130 853,498 1,728,420 2016 297,749 220,660 350,346 858,406 1,727,160 SECTION II-IDENTIFICATION OF THE REVENUE REQUIREMENTS PAGE 31 643 et-ex NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through Unity September 25, 2009 Ms. Mindy Matson City Manager City of Wylie 2000/Highway 78 North Wylie, TX 75098 /r' L RE: 2009-10 Regional Water System Budget Dear Ms. Manson: The 2009-10 Annual Budget was approved by the NTMWD Board of Directors at the September 2009 Board Meeting. The water rate is being adjusted from $1.18 to $1.25 per 1,000 gallons and the excess water rate is being adjusted from 53.0¢ to 44.00 per 1,000 gallons for 2009-10. The NTMWD Board of Director's goal is to continue to provide an effective, responsible level of service while maintaining a reasonable cost to the cities. Your continued cooperation and support will allow the District to maintain an excellent level of service. Listed below is your minimum annual demand and annual payment for the 2009-10 fiscal year. MINIMUM ANNUAL DEMAND: 1,721,763,000 ANNUAL PAYMENT: $2,152,203.75 Sincerely, JA 1ES M. PARKS Executive Director JMP/JRS:dtf 505 B.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:972/295-6440 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13, 2009 Item Number: WS Department: City Manager (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: October 6, 2009 Budgeted Amount: Exhibits: 3 Subject Discussion regarding the solid waste rate changes proposed by Community Waste Disposal (CWD). Recommendation Discussion Our solid waste provider, Community Waste Disposal (CWD), has an opportunity to request a rate change one time per year per our contract. A rate change cannot occur without Council approval, per our contact. CWD based their rates on three factors; Fuel Prices, CPI, and Disposal (landfill) Costs. During the first year of this contract fuel prices have gone down,the CPI is fairly flat, and disposal costs have increased. CWD has proposed a rate decrease for residential and small commercial and a rate increase for large open top and compactor. Their rational is that the cost of service for residential and small commercial is impacted more by fuel and less by disposal costs while open top and compactor are impacted less by fuel and more by disposal cost. If the proposed rates were accepted, the end result would be a $31,389 reduction in revenue for CWD, but the benefit to Wylie customers would not be equally shared. There would be a very small reduction for a very large number of customers, 20 cents per month for 12,700 residential and $1.70 per month (on average) for 400 commercial customers. There would also be a fairly large increase for a very small number of customers, $40.50 per month (on average) for 15 customers. The 15 customers that are adversely affected are listed on the attached spread sheet and include our largest employers and most are companies that have already been adversely impacted by the economic downturn. Approved By Initial Date Department Director JB 10/6/09 City Manager Page 1 of 1 2009 Proposed smaller commercial solid waste rate change Container size riM #Customers Month! rate Chan:a Annual Rate Columns 2 yard 1 29 -0.65 -226.2 2 yard 2 3 -1.38 -49.68 3 yard 1 22 -0.9 -237.6 3 yard 2 1 -1.66 -19.92 4 yard 1 46 -1.07 -590.64 4 yard 2 4 -1.66 -79.68 4 yard 3 1 -2.63 -31.56 6 yard 1 35 -1.26 -529.2 6 yard 2 13 -2.3 -358.8 6 yard 3 3 -3.23 -116.28 8 yard 1 48 -1.41 -812.16 8 yard 2 34 -2.63 -1073.04 8 yard 3 20 -3.64 -873.6 8 yard 4 5 -4.99 -299.4 8 yard 5 32 -6.46 -2480.64 8 yard 6 2 -7.99 -191.76 1 polycart 22 -0.2 -52.8 2 polycarts 40 -0.38 -182.4 TOTAL -8205.36 Commercial Roll Off and Compactor Business Type size Hauls Mo. Rate per Annual Albersons Compactor 35yd 1 11.26 135.12 Brookshire Compactor 35yd 1 11.26 135.12 Target Compactor 35yd 4 11.26 540.48 Wal-Mart Grocery Compactor 35yd 3 11.26 405.36 Wal-Mart General Compactor 35yd 6 11.26 810.72 ML Johnson Open Top 30yd 5 11.26 675.6 Pella Open Top 30yd 6 11.26 810.72 Southern Fastner Open Top 30yd 1 11.26 135.12 Southfork MHP Open Top 30yd 4 11.26 540.48 Wylie Plastering Open Top 30yd 3 11.26 405.36 Extruders Compactor 40yd 8 11.26 1080.96 Carlise Compactor 40yd 2 11.26 270.24 Home Depot Compactor 40yd 4 11.26 540.48 Holland Hitch Compactor 40yd 3 11.26 405.36 Sanden Compactor 40yd 3 11.26 405.36 Total 7296.48 Summary of 2009 Solid Waste Rate Changes (Proposed) RESIDENTIAL #Customers Monthly rate change Annual rate change per Total annual rate per customer customer change all customers 12,700 -.20 -$2.40 -$30,480 COMMERCIAL #Customers Avg. Monthly rate Average annual rate Total annual rate change change change 400 -$1.70 -$20.51 -$8205 COMMERCIAL ROLL OFF AND COMPACTOR #Customers Avg. Monthly rate Average annual rate Total annual rate change change change 15 +$40.50 +$486 +7296