The URL can be used to link to this page

12-12-2006 (City Council) Agenda Packet 1 WI Wylie City Council CITY OF WYLIE • NOTICE OF MEETING - Amended - Regular Meeting Agenda Tuesday, December 12, 2006 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North John Mondy Mayor Carter Porter Mayor Pro Tern Earl Newsom Place 1 M. G. "Red" Byboth Place 2 Eric Hogue Place 3 Merrill Young Place 4 Rick White Place 5 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. rvlielexos.goi' within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlie texos.gor. 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. 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Presentation to the Reach For A Star Program. (Presentation by various organizations) December 12,2006 Wylie City Council Regular Meeting Agenda Page 2 of 6 • Presentation to Wylie Fire-Rescue Clowns (Paula Stover, Manager of Wal-Mart Store #5210 and Denise Aparicio, Wal-Mart Representative) CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the November 14, 2006 Regular Council Meeting and the November 28, 2006 Special Called Council Meeting. (C. Ehrlich, City Secretary B. Consider, and act upon, an amendment to the Professional Services Agreement between the City of Wylie and ARCHITEXAS. (M Manson, City Manager) C. Consider, and act upon, awarding a contract, in the amount of $35,921.00, to Canyon Creek Irrigation for the installation of an irrigation system at Joel Scott Park. (M. Sferra, Public Services Director) D. Consider, and act upon, awarding a contract, in the amount of$21,211.95, to Classic Gardens for the installation of trees at Joel Scott Park and the Community Center Parking Lot. (M. Sferra, Public Services Director) E. Consider, and act upon, approval of a Custodial Contract between the City of Wylie and Envision for housekeeping services. (M. Sferra, Public Services Director) F. Consider, and act upon, Ordinance No. 2006-71 establishing a School Zone on Hooper Road in front of Raymond Cooper Jr. High School. (J. Butters, Assistant City Manager) G. Consider, and act upon, authorizing the Mayor to execute a Warranty Deed for the right of way for Lakefield Drive from Chasepark Drive to FM 1378. (C. Holsted, City Engineer) H. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2006. (S. Satterwhite, WEDC Executive Director) I. Consider, and act upon, approval of a Preliminary Plat for TXU Lavon Switching Station creating four 4 tracts totaling 71.26 acres, generally located south of S.H. 78 and west of Eubanks Road. (R. 011ie, Planning Director) December 12,2006 Wylie City Council Regular Meeting Agenda Page 3 of 6 RECESS CITY COUNCIL CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION 1. Consider, and act upon, approval of the Minutes of the January 17, 2005 Special Called Meeting and the September 12, 2006 Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary). 2. Consider, and act upon, the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Officers and to appoint a Chair and Vice Chairman from its board members for a term beginning January 1, 2007 and ending December 31,2008. (C. Ehrlich, City Secretary). ADJOURN RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-72 amending the zoning from Agricultural (AG) District to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. Zoning Case 2006-15. (R. 011ie, Planning and Zoning Director). Executive Summary The subject property is located on the northeast corner of Lynda Lane(CR 389)and Forrest Ross Road. The applicant is requesting to rezone the subject property to allow for townhouse development. The proposal will include approximately 41 townhouse units on 5 acres. The property is an odd triangular shape tract that is bordered by Industrial District and a twenty-foot high berm to the west and a single lane road, which is proposed to be realigned in the subject development. A THREE-FOURTHS MAJORITY VOTE BY COUNCIL IS REQUIRED TO APPROVE THE REQUEST(6 OF 7). 2. Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-73 regarding an amendment to Article 2, Section 2.2.B of the Zoning Ordinance that requires complete annexation prior to a zoning application being accepted. (R. 011ie, Planning and Zoning Director). Executive Summary The ordinance being presented will restrict accepting a zoning application prior to property being annexed into the city limits of Wylie. The current ordinance in place does not clearly prohibit zoning running concurrent with annexation. December 12,2006 Wylie City Council Regular Meeting Agenda Page 4 of 6 3. Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-74 regarding an amendment to Article 3, Section 3.4 lighting requirements of the Zoning Ordinance specifying spacing distance between poles. (R. 011ie, Planning and Zoning Director). Executive Summary The current ordinance has separate requirements for lighting along open space and lighting along sidewalks. Article 3, Section 3.4 states that open space easements, public walkways and trails must provide solar-controlled lighting on 10-12 feet decorative poles every 100 feet, while all sidewalk lighting in residential districts must be on decorative poles spaced every 150 feet at intersections and mid-block. Discussions with builders led staff to research space requirements for lighting in residential subdivisions. After researching several city codes, staff finds that there is no set distance requirement,but rather a matter of preference. General Business Tabled Item from November 14,2006 4. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, approval of Resolution No. 2006-26(R) supporting an alignment for Parker Rd. (FM 2514) at the intersection of FM 1378. (C. Holsted, City Engineer) Executive Summary On September 14,2006,a public meeting was held to discuss alignment alternatives for FM 2514 at the intersection with FM 1378. The Collin County engineering consultant — Birkhoff, Hendricks, and Conway—presented five alignment alternatives as shown on the attached display. The City of Wylie Thoroughfare Plan currently reflects alignment option 2. After the alignment is finalized, right of way documents will be prepared for the project. No construction funds are currently available to construct the realignment. Tabled Item from November 14, 2006 5. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, awarding the City's Bank Depository Contract for FY 2006-2010. (L. Williamson, Finance Director) Executive Summary Last year, the City Council requested that the finance department solicit bids for the City's depository services through an RFP process. The solicitation included Basis Banking Services, Merchant Banking Services,and Lockbox Services. The contract period was for four years. Four banks responded: American National Bank, Inwood National Bank, Capital One Bank, and JP Morgan/Chase Bank. 6. Consider,and act upon,amending and approving the City of Wylie's Investment Policy for FY 2006-2007. (L. Williamson, Finance Director) Executive Summary The state "Public Funds Investment Act" requires the review and acceptance of the City's Investment Policy annually by the City Council. There are a number of changes that have been made to the Policy. December 12,2006 Wylie City Council Regular Meeting Agenda Page 5 of 6 7. Consider, and act upon, Ordinance No. 2006-75 amending Ordinance No. 2005-41 (2005-2006 Budget) and approving an appropriation of funds in the amount of $45,767.42 to pay professional services to ARCHITEXAS for pre-design work on the Library, City Hall and Recreation Center; providing for the repealing, savings and severability clauses; and providing for an effective date of this ordinance. (L. Williamson, Finance Director) Executive Summary The Finance Department recently received an invoice from ARCHITEXAS for pre-design work it performed in the 2005-2006 Budget Year. There were no appropriations made for any expenditure from the 2006 GO bond proceeds in 2005-2006. This request does not have an effect on the General Fund,as the funds reside in the 2006 GO Bond Fund(the construction fund). 8. Consider, and act upon, award of a contract, in the amount of $1,021,000.00, to Crescent Constructors, Inc. for the improvements of the Nortex Pump Station. (C. Hoisted, City Engineer) Executive Summary On November 30, 2006 the City opened three bids for improvements to the Nortex Pump Station which include a new pump building with three 1,600 gpm vertical turbine pumps, and related piping, valves and electrical equipment. The improvements are included in the Water System Capital Improvements Plan, the Water Impact Fees, and the Water and Sewer Rate Study. On October 24,2006,Council awarded contracts for the purchase of the pumps,valves,and electrical equipment to expedite the delivery time. 9. Consider, and act upon, award of a contract between the City of Wylie and Halff and Associates for architectural services for Founders Park. (M. Manson, City Manager) Executive Summary Currently, Founders Park is a 65 acre site containing two lighted baseball fields, five lighted soccer fields, and Pirates Cove Playground. In November 2005, voters approved a 5.47 million dollar bond package to add 14 more soccer fields, two more baseball fields, concession stand/restroom facilities, additional parking, hike and bike trails, and other amenities to the existing park. Staff is currently working to acquire an additional 17 acres of open space adjacent to the existing park. If successfully acquired, this parcel will be used to enhance the approved bond improvements. The project Scope of Services includes the design of improvements in the additional 17 acre parcel. 10. Consider, and act upon, Ordinance No. 2006-76 establishing an Active and Continuing Records Management Program/Plan for the City of Wylie Repealing Ordinance No. 91-20 and Amending Article VI of the Wylie Code of Ordinances. Providing for Repealing, Savings and Severability Clauses; and Providing for an Effective Date of this Ordinance. (C. Ehrlich, City Secretary) Executive Summary The City Secretary's Office, staff and the City Attorney's Office have reviewed Ordinance No. 91-20 establishing a Records Management Policy. It is the finding of staff and the City Attorney's Office that the existing Records Management Plan(Ordinance No. 91-20)needed to be reviewed and updated in order to more clearly and comprehensively establish a Records Management Program. The proposed Ordinance is more aligned with state law regarding new procedures for off-site retention of non-active documents, and the implementation of laserfiche. The proposed Ordinance also addresses "state schedules" which were adopted by the City Council in 1997. City staff has prepared a recommended Records Management Plan which prescribes policies and procedures consistent with the Local Government Records Act and in the interests of cost-effective and efficient recordkeeping. December 12,2006 Wylie City Council Regular Meeting Agenda Page 6 of 6 11. Consider, and act upon, issues surrounding a request from the Wylie Economic Development Corporation to the City of Wylie, in the amount of$10,000.00,to assist in funding a Strategic Plan and Target Market Study. (S. Satterwhite, WEDC Executive Director) Executive Summary The WEDC Board believed it was important to go beyond the industrial development responsibilities of the WEDC and develop a community wide strategy to address retail development. Within the FY 2006 — 2007 Budget, the WEDC Board committed $65,000 to strategic planning purposes. While the WEDC has obligated itself to the contracted amount of $75,000,the WEDC Board of Directors respectfully requests financial assistance from the City of Wylie in the amount of$10,000.00. Tabled Item from November 14, 2006 12. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, appointment of a new member to the Planning and Zoning Commission for the unexpired term of November 2006 to July 2007. (R. 011ie, Planning and Zoning Director) Executive Summary This item was tabled from the November 14, 2006 Council meeting to provide Council ample time to consider the appointment of a new member to this board. The City Secretary's Office has contacted all board applicants from May 2006 that indicated a desire to serve on the Planning and Zoning Commission. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certi ,that this Notice of Meeting was posted on this 8`h day of December, 2006 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 al the City of Wylie website: �u'n'„ re''r%te' r, n. ��111 WIN � °F• Carole E r>c , i ty Secrete rg °il L -_ Date Notice Removed ''/ Yl f E . ''�tttlt1111111��` Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, December 12, 2006 -6:00 pm Wylie Municipal Complex-Council Chambers 2000 Highway 78 North John Mondy Mayor Carter Porter Mayor Pro Tem Earl Newsom Place 1 M.G."Red" Byboth Place 2 Eric Hogue Place 3 Merrill Young Place 4 Rick White Place 5 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: within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie webs ite: 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. 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Presentation to the Reach For A Star Program. (Presenters: Tina O'Leary, PTA, Dodd Elementary and Paula Stover, Manager of Wal-Mart Store #5210 and Denise Aparicio, Wal-Mart Representative) STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared MINDY MANSON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purpose and consideration expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2006. Notary Public In and For the State of Texas My commission expires: STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared LENNY L. HUGHES, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2006. Notary Public In and For the State of Texas My commission expires: City of Wylie—Consultant Services Agreement with Halff Associates,Inc. Page 16 461885.v2 11/17/2006 Exhibit "A" Scope of Services The scope of work for this project includes data gathering and existing data research and evaluation; site investigation and analysis; facility programming and benchmarking; public participation; preliminary and master plan preparation; and construction document preparation. PROJECT ASSUMPTIONS The scope of services for this proposal has been prepared using the following assumptions as a basis for its preparation: 1. The project planning area will encompass the park area depicted by the City of Wylie, Texas in the submittal request packet for "Founders Park Improvements", dated May 2006. Project improvements consists of but not limited to; Seven unlighted soccer/football fields, Seven lighted soccer/football fields, Two baseball/softball fields, Additional parking, Pavilion area (s), Concession stand(s), Restroom (s), Hike and Bike trails, Fencing, Bleachers and concrete pads, Irrigation system, Landscaping, Benches, grills,tables and drinking fountains, Signage 2. The City will supply existing data related to the project site, to the planning and design team, as available, for use during the site evaluation and master planning phases of the project. 3. The City may acquire an additional 17 acre parcel adjacent to existing 65 acre site during the course of this project. This proposed Scope of Work will assume and accommodate the inclusion of this additional 17 acre parcel INFORMATION TO BE SUPPLIED BY THE CITY OF WYLIE,TEXAS The following items will be supplied by the City to the Design Team: Project Site Topographic Data - The City will provide the Design Team with site topographic and boundary information, available in digital format, to be used during initial planning and design exercises for the project site. Environmental Investigations — The City will provide available data and information from existing environmental reports for the project site. Existing Utility Information - The City will provide as-built plans for all existing public utilities located within the limits of planning and design or construction for the Project, including but not limited to water, sanitary sewer and storm drainage facilities. City of Wylie—Consultant Services Agreement with Halff Associates,Inc. Page 17 461885.v2 11/17/2006 Hydraulic Data -The City will supply hydraulic data that accurately depicts flood plain and flood way elevations, and proposed improvements and mitigation measures, as available/applicable. SCOPE OF SERVICES The Basic Services for this project are defined as follows: I. Data Collection. Reduction & Management A. Kick-Off Meeting and Project Start-Up 1. Attend a project kick-off meeting with City Staff to establish the scope of the project, identify the general program and parameters for planning efforts, and establish the organizational hierarchy of the Design Team related to preparation and execution of the planning and design activities. 2. Establish parameters and procedures to be used when assembling previous studies and existing data for use during the planning and design efforts, including number of copies to be delivered by participants and timeframes for data availability and assembly. 3. Confirm studies and information that should be reviewed as a part of this Project. Establish review criteria, including data gathering and classification criteria that reviewers will adhere to as identified planning documents are searched for pertinent and applicable information. 4. Establish data management protocols and procedures to ensure data collection is consistent and accurate from different reviewers. 5. Gather and classify the data accumulated during review of previous studies into a format that is useable and applicable to the current project. 6. Review potential supplemental and alternative funding sources that may be applicable to the project, and identify the requirements for application submittals to these sources for future project use. II. Programming and Public Participation The public participation part of the planning and design activities will be used to determine the direction the facility program and planning activities should take. A. Stakeholder/Focus Group Input 1. Conduct two (2) interviews with key stakeholders and user groups from within the study areas. These interviews will be 2 to 2.5 hours long, and will be conducted over a two (2) day period. 2. The meetings will help determine operational and design issues among the stakeholder groups,and identify facility comparison, composition and locations. 3. City Staff will identify stakeholder group participants, invite them to the meeting, and coordinate the location for the meetings. Stakeholder group participants may include management and recreation staff from the City of Wylie or other participants that may be beneficial to the project planning process. 4. The Design Team will prepare the discussion outline for stakeholder group meetings with assistance from City Staff City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 18 461885.v2 11/17/2006 B. Facility Comparisons 1. The Design Team will compile discussions and desirable facility features and elements into a preliminary program for Founders Park. This preliminary program will be presented to City Staff, and program participants, for review and comment prior to the preparation of a final design program for the existing and new facilities. 2. A summary of review notes and observations will be prepared for Advisory Committee review prior to finalization of the program and initiation of the master planning and design processes. C. Public Workshops 1. The Design Team will conduct a public workshop with the Parks and Recreation Board to gather public input and perceptions of issues related to Founders Park. This workshop will occur over several hours in the evening, in locations that are easily accessible by the public. The workshop will be held after the initial program preparation process has occurred, allowing the public to review and comment on the direction the design for the facility will take. 2. Conduct council work session during the master planning process, to allow review and comment by interested council members and the public at large, to gain public support for the master plan and design plan for the park. 3. Present Final Master Plan to City Council for approval and adoption. Master Plan will be presented at regularly scheduled City Council meeting for approval. Plan will be presented in large presentation format for review by council members and public. D. Summary Report 1. Prepare a report that summarizes public participation and programming activities. The Programming Report will establish a base level of facilities, activities and programs the City of Wylie desires within Founders Park, and serve as the project program the Design Team will utilize for the remainder of the planning and design activities on the project. Ill. Site Investigation and Base Map Preparation A. Site Investigation and Base Map Preparation This Task will occur simultaneously with the public participation process. 1. Compile digital information identified during data gathering exercises into a base map for use during planning and design activities. This base map will illustrate information such as locations of streets; wet and dry utilities; topography; drainage ways, water courses and water bodies; and major public facilities operated by state, county and local governments (including but not limited to schools or other facilities). 2. Initiate and coordinate site investigation studies related to the topography of the site, soils composition and analysis, traffic impacts; hydrology / drainage; utilities; vegetation areas, archaeological/cultural investigations, land use/zoning; and comprehensive plan impacts. The impacts and opportunities that result from these studies will be documented for use in the conceptual development plan preparation process. 3. Analyze transportation and access issues involving the project site and identify impacts and improvements required to existing and proposed transportation systems that will allow the project area to function as desired. City of Wylie—Consultant Services Agreement with Halff Associates,Inc. Page 19 461885.v2 11/17/2006 4. Analyze water, sanitary sewer and hydrology issues involving the project area and identify the impacts and improvements necessary as a result of those studies. 5. Enlist the services of a soils engineer to investigate subsurface soil conditions within the limits of the project site and in preparing a report that documents findings and analyzes subsurface conditions of the site. 6. Prepare a Site Analysis / Opportunities and Constraints map and summary report, that graphically illustrates the existing man-made and natural systems and conditions on the project site, and depicts the obstacles and opportunities available for development on the project site. IV. Master Planning A. Preliminary Concept Plans and Master Plan Preparation 1. Confirm the development program to be used by the design Team, with City Staff, prior to commencement of planning and design activities for the project. 2. Utilizing the public participation processes outlined above, prepare preliminary master plans for City staff review and comment (a maximum of three), indicating a variety of development scenarios, with varying mixes of sports activity areas and support facilities. 3. Identify dependent systems for inclusion in the development including electric utilities; water and sanitary sewer facilities; storm drainage facilities and requirements; franchise utilities; establish corridors within the project site for their placement, and provide preliminary development costs for each preliminary master plan alternative. 4. Review the preliminary master plans with City Staff and the public, combining components of each plan or altering configurations as applicable, and incorporate comments into the preparation of a refined preliminary master plan for the project. 5. Identify project phasing for City review and approval. 6. Prepare an estimate of probable construction cost for the project. 7. Submit the refined preliminary master plan to City Staff for review and approval. 8. Prepare a Final Master Plan and Report. This final report will illustrate the site investigation, the final master plan, and the plan preparation process, and will include supporting information used as decision making tools. V. Construction Document Preparation A. Schematic Design and Design Development Plan Preparation 1. Prepare Schematic Plans for site improvements illustrating general locations, sizes and relationships of improvements, materials and forms of construction, building floor plans and elevations, and proposed equipment for use in development of the park facilities. Coordinate with other design professionals on the configuration of park facilities. Include material cut- sheets as necessary to illustrate design characteristics of selected equipment, finishes and materials. City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 20 461885.v2 11/17/2006 2. Prepare an initial estimate of probable construction cost for improvements. 3. Review Schematic Plans with City Staff and document their comments for use during preparation of design development plans. 4. Prepare Design Development Plans (30%) for City review and comment. Finalize locations and configurations of site and recreational facility improvements and illustrate in digital form. 5. Design Development site plans will identify types and size requirements of site elements including site grading, access and circulation routes, parking areas, utilities, pedestrian circulation routes, and landscape and irrigation improvements. Project phasing will be indicated on these plans, if applicable. 6. Design Development building plans will illustrate improvements within the park through the use of plans, elevations, sections, and material cut-sheets as needed to illustrate the final designs proposed at the park. 7. Prepare an estimate of probable construction cost for park improvements. B. Construction Documents 1. Prepare 60%, 90% and Final Construction Documents and Specifications to allow bidding and construction of site improvements. City to review and comment on 60% and 90% plans prior to continuation of design. 2. Provide layout plans with dimensional control information necessary to construct concession/restroom(s), pavilion(s), hardscape and landscape improvements, including landscape grading and drainage, trails, pedestrian walkway improvements, and hardscape and gateway features. 3. Provide architectural theme for concession/restroom(s), pavilion(s), hardscape pavements and grading plans indicating materials, color, texture, paving types and locations, with vertical information necessary for construction. 4. Provide concession/restroom(s), pavilion(s), hardscape and landscape site details indicating specific information and data necessary for construction. 5. Provide landscape plans and details necessary for construction. 6. Provide final opinion of probable cost for site improvements at the 90% plan completion stage. 7. Provide specifications and bidder instructions in CSI format. C. Bidding 1. Provide assistance during the bidding phase by answering technical questions from contractors and attending a pre-bid meeting with the City. All questions from contractors and suggested consultant replies will be reviewed by the City upon receipt and prior to release, respectively. 2. Assist in the preparation of bid packets consisting of project specifications and plans, line item and quantity identification and bid form formatting, utilizing front-end documents preferred by the City of Wylie,Texas. City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 21 461885.v2 11/17/2006 3. Consultant shall prepare and issue all addenda upon receipt of written approval from the City. 4. The Consultant shall prepare a bid tabulation sheet for use by the Contractor in the bidding process. D. Construction Observation 1. Participate in a Pre-Construction Conference prior to commencement of Work at the Site. 2. Provide assistance during the construction phase by reviewing contractor shop drawings when appropriate, visiting the project site at appropriate intervals to observe the progress and quality of the Work completed by the Contractor. Such visits and observations are not intended to be an exhaustive check or a detailed inspection of the Contractor's work. Observations are to allow Half & Associates, Inc., or its assigns, as experienced professionals, to become generally familiar with the Work in progress and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. We anticipate that up to 18 site visits will be made during the construction phase of the project. The Consultant shall submit a written report of all site visits to the City within seven business days of each visit. Consultant shall notify the City immediately of any emergency conditions or notable occurrences observed while conducting the site visits. 3. Half& Associates, Inc. shall not be responsible for any acts or omissions of the Contractor, subcontractor, any entity performing any portions of the Work, or any agents or employees of any of them. Half & Associates, Inc. does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. 4. Recommend to the City that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Half & Associates, Inc. believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 5. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Half & Associates, Inc. may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 6. Recommend Change Orders and Work Change Directives to City, as appropriate, and prepare Change Orders and Work Change Directives as required. 7. Determine the appropriate pay amounts due Contractor, based on observations by Half & Associates, Inc. or its assigns, as experienced and qualified design professionals and on review of Applications for Payment and accompanying supporting documentation. 8. Conduct a final walk-through of the construction site with City staff and the Contractor prior to the preparation of a final punch list. 9. Ensure that as-builts, product O&M manuals for all equipment in hard copy and in electronic format, be provided by contractor as per City, on CD's. City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 22 461885.v2 11/17/2006 VI. Excluded Services The following services are specifically excluded from this proposal, but may be added at the City's request: 1. Final plat preparation. 2. HEC-1 Analysis or flood studies of the drainage channels on site. 3. Contractor pay requests or submittals not required by construction documents. 4. Preparation of Environmental Impact Statements or Investigation Reports for the project site. 5. The City shall pay cost of permits or filing fees, required by regulatory agencies or departments, obtained for the City. 6. This scope does not include effort specifically for regulatory submittals including, but not limited to, Section 404 permitting, CLOMR, LOMR, or Floodplain Development Permit. In the event any of these efforts are warranted,we will request these as Additional Services. VII. Schedule See Schedule attached hereto as Exhibit G. VIII. Deliverables Deliverables are described as 3 full size sets of construction documents and specifications, in hard copy and digital file format. Files will be delivered to the city in CADD and in PDF format on Digital CD. City of Wylie—Consultant Services Agreement with Halff Associates,Inc. Page 23 461885.v2 11/17/2006 Exhibit "B" Compensation Schedule / Project Billing / Project Budget See Fee Schedule attached hereto. City of Wylie—Consultant Services Agreement with Halff Associates,Inc. Page 24 461885.v2 11/17/2006 13 `o ;; CI g r ao o a 3 is o P cat h S v 2 rn 'E ' > n 2 T' in 4 "a o U U U U 55 W N N � a in in ATTACHMENT'B'FEE SCHEDULE 8 45 CITY OD RS PARKLIE Team Member Half Halff Halff Halff Halff Half Half Halff Halff Halff Halff Halff Halff - Halff Halff Halff III FOUNDERS Hou Biltln,Rate $150.00 $125.00 $110.00 $80.00 $70.00 $125.00 $8- $125.00 $80.00 $125.00 $80.00 $12 $10 . Fee Pr..• .I-Nov.17,2006 -o.e Plan --_- Task Desc .tlon Re a Reference Sheets 1.0 Projset Management, O° and • 4 --- 4 4 1.1 Kick off meeting with Design Team and C.O.W. tall 4 16 1.2 COW.Staff meetings(monthly)with Design Team 16 16 16 and 16 C.O.W.Staff 16 , 1.3 Stakeholder input meetings(2)(ie.H ghsdrool,Spo 16 Associations,Historical Society,etc.) 16 16 16 1.4 Public Input Workshop(2 public meetings-Park 16 16 Board) Ili 10 1.5 Public Meetings(1)Council Worksessian and(1) 10 Council Meeting 10 12 II. 10 1.7 Assist City of Wylie in preparation of bid documents. 1111. 16 Coordinate special specifcations and special provisions. 6 8 IS 1.8 Analysis&Evaluation of Bids g 1 9 Coordinate processing of submittals,approvals,RFI's, 16 36 24 11. inspections,and testing , 11111 1.10 Attend monthly construction meetings 24 -� 36 • - _ IN 0 Aeeitlrat Drrsitin Mill IMI Nil II 8 4 Mil iiiiii111111111111 32 40 2.2 Prepare Master Plan(3 Concepts) li 11.1 32 40 2.3 Prepare Design Development 4 40 ,2.4 Prepare 60%review documents for Concession ll Building,Restrooms,Pavilion and Gateway Features 40 60 , B 5 Prepare e s90%revieww documents fore ay Fe sale 8 Building,Restrooms,Pavilion and Gateway Features 60 60 , 2.6 Prepare Final review, a documentsionand for Concession Features 8 Building,Restrooms,Pavilion and Gateway Features 16 16 est Provide all documents necessary for milestone cost 8 estimates 16 16 2.8 Prepare applicable bid documents(specification) 111.1 8 8 8 2.9 Prepare applicable addenda documents. --_- 8 2.10 Review and respond to submittals,approvalsRFI's, ill inspections,and testing 16 1 Halff o 0 P m o E. a Z w w a cQi w fi o 8 m 3_ v 2 7�j o Q g cR m g m O U U rn 2 d f �Q U m 3 U in ATTACHMENT'S'FEE SCHEDULE 8 d o `� u, a Y. ��5 CITY OF WYLIE j N FOUNDERS PARK Team Member Halff Half Halff Half Halff Half v Halff Halff Halff Halff Halff Half Halff ' Halff Half Halff Fee Proposal-Nov.17,2006 Hourly Billing Rate $150.00 $125.00 $110.00 $80.00 $70.00 $125.00 $82.00 $125.00 $80.00 $125.00 $80.00 $125.00 $82.00 $60.00 $83.00 $107.00 2.11 Attend up to(4)construction site visits 16 sA CIvN D gn 3.1 Review and incorporate existing conditions info- survey,soils,and storm sewer utilities. 8 4 3.2 Prepare 60%review documents for civil design, grading,site utilities&site drainage 12 40 60 60 4 3.3 Prepare 90%review documents for civil design, grading,site utilities&site drainage _ 12 40 60 60 4 3.4 Prepare Final review documents for civil design, grading,site utilities&site drainage 12 40 60 60 4 3.5 QA/QC design development,and contract documents: 12 12 12 - 4 3.6 Miscellaneous details 4 12 24 24 3.7 Erosion Control plan 2 4 16 16 _ 3.8 Prepare general notes and edit specifications for lump sum bid project. 2 8 16 4 3.9 Prepare applicable bid documents 10 10 8 3.10 Prepare applicable addenda documents. 8 _ 8 8 3.11 Review and respond to submittals and RFI's 4 4 16 8 _ T 3.12 Attend up to(4)construction site visits 16 16 4.- 4 4.0 Landscape Master Planning and Design 4.1 Site visit,review and incorporate existing conditions info _ 8 4 ., 4.2 Prepare Master Plan(up to 3 Concepts) 40 60 _ 4.2 Prepare Final Master Plan 40 _ 40 4.3 Prepare Design Development Plan 24 40 4.4 Prepare 60%,90%and Final review documents for Playground Enhancement Plan 40 60 2 4.5 Prepare 60%,90%and Final review documents for Trail Plan and Design 80 T 120 2 4.6 Prepare 60%,90%and Final review documents For Sport Field Layout Plan 80 120 2 4.7 Prepare 60%Landscape/Hardscape Plan Documents,Details and Specs. _ 60 _ 80 4 Half 2 d o c c o a m 1 wr o w _w v 2 0 ;U a E QW W U 2 U =-8 5 o_ V m cry a' 8ic m U o ' v v in 2 m < crams -'a o m r'n U _ ATTACHMENT'S'FEE SCHEDULE 8 a ( U) w v, a (n CITY OF WYLIE co FOUNDERS PARK Team Member Half Half Half Half( Half Half Half Half Half Half Half Halff Half Half Half Half Fee Proposal-Nov.17,2006 Hourly Billing Rate $150.00 $125.00 $110.00 $80.00 $70.00 $125.00 $82.00 $125.00 $80.00 $125.00 $80.00 $125.00 $82.00 $60.00 $83.00 $107.00 . 4.8 Prepare 90%LandscapelHardscape Plan Documents,Details and Specs. 60 80 4 4.9 Prepare Final Landscape/Hardscape Plan Documents,Details and Specs. 40 60 4 4.10 Prepare 60%,90%and Final Irrigation Plan documents 40 40 2 4.11 Provide all documents necessary for milestone cost estimates 16 16 8 4.12 Prepare applicable Bid documents 16 24 8 4.13 Prepare applicable addenda documents. 16 16 8 4.14 Review and respond to landscape submittals and RFI's 16 16 8 4.15 Visit site during irrigation and planting operations (max of 4 construction site visits) 16 16 8 5.0 Structural Design 5.1 Design development alternative study for Concessior Building,Restrooms,Pavilion and Gateway Features 24 40 5.2 Prepare 60%,90%and Final review documents for Concession Building,Restrooms,Pavilion and Gateway Features 100 120 5.3 QA/QC design development,and contract documenh for proposed Concession Building,Restrooms,Pavilion and Gateway Features 16 24 5.4 Prepare general notes and edit specifications for turn) sum bid project. 16 16 2 5,5 Prepare applicable bid documents 12 16 2 . 5.6 Prepare applicable addenda documents. 12 16 2 _ 5.7 Review and respond to submittals and RFI's 12 16 2 5.8 Attend up to(2)construction site visits 8 2 6.t1 Electrical - 6.1 Coordination with utility contact,C.O.W.Electrical Engineer and site analysis 16 8 6.2 Prepare lighting design calculations and fixture selection _ 24 24 . 6.3 Prepare 60%,90%and Final review documents for Concession Building,Restrooms,Pavilion and Gateway Features - _ 40 80 _ 3 Halff Ili C ;ygQ C O g W Q U 4 �i m m 8 g w = 2 a . 0 .E c.) m • s 6 o o 05 2 i3 w a �Q o m to ATTACHMENT'S'FEE SCHEDULE g` a `" c) �' `" "' a En g u2, CITY OF WYLIE '� to FOUNDERS PARK Team Member Half - Half ' Half Half HalfHalff ' Half Half Halff Half ' Halff Half Half Half Hoff Half Fee Proposal-Nov.17,2006 Hourly Billing Rate $150.00 $125.00 $110.00 $80.00 $70.00 $125.00 $82.00 $125.00 $80.00 $125.00 $80.00 $125.00 $82.00 $60.00 $83.00 $107.00 6.4 Prepare Documents and Coordination for Sport FieN Lighting 40 40 6.5 QA/QC design development,and contract document; for proposed features 18 24 6.6 Prepare general notes and edit specifications for lum) sum bid project. 12 16 6.7 Prepare applicable addenda documents. 12 16 6.8 Review and respond to submittals and RFI's 16 8 6.9 Attend up to(2)construction site visits 8 Subtotal Summary 1.0 Protect Management,Coordination and Meetings 174 80 130 42 2.0 Architecture(15 sheets) 284 304 48 3.0 Civil Design(15 sheets) 78 188 286 232 48 4.0 Landscape Architecture(25 sheets) 656 792 60 5.0 Structural Design(8 sheets) 200 248 10 6.0 Electrical(8 sheets) 186 216 7.0 Reimbursable Expenses(allowance) 8.0 Geotechnical . 9.0 Survey(Aerial survey with ground survey to field tie elements) _ _ TOTAL 174 78 188 286 232 200 248 186 216 364 304 786 834 166 Half 4 Haft Half Print Plot Deliv./Travel Half Half TTL.ManHr TTL.labor$ $0.10 $10.00 Misc. Total Expense$ Total$ 12 $1,600 $1,600 48 $6,400 $6,400 64 $7,712 $7,712 64 $7,712 $7,712 30 $3,570 $3,570 12 $1,800 $1,800 36 $4,900 $4,900 24 $3,200 $3,200 16 $2,400 $2,400 48 $6,600 $6.600 72 $9,900 $9,900 12 $1,320 $1,320 72 $7,200 $7,200 72 $7,200 $7,200 104 $10,040 $10,040 104 $10,040 $10,040 128 $12,780 $12,780 40 $3,760 $3,760 40 $3,760 $3,760 24 $2,120 $2,120 24 $2,480 $2,480 Half 5 Halff Half Print Plot Deliv./Travel Half Half TTL.ManHr TTL.Labor$ $0.10 $10.00 Misc. Total Expense$ Total$ 16 $2,000 $2,000 12 $1,440 $1,440 176 $15,140 $15,140 176 $15,140 $15,140 176 $15,140 $15,140 40 $3,900 $3,900 64 $5,420 $5,420 38 $3,090 $3,090 30 $2,650 $2,650 28 $2,530 $2,530 24 $2,000 $2,000 32 $2,700 $2,700 36 $3,280 $3,280 Print Plot DelivJTravel Ham 12 $1,328 $1,328 100 $9,920 $9,920 80 $8,280 $8,280 64 $6,280 $6,280 102 $10,040 $10,040 202 $19,960 $19,960 202 $19,960 _ $19,960 144 $14,300 $14,300 6 Half lTotal$ "live' jp 510.00 �i,Ja:.�� IMO $14.300 , $10.1•' i $10,160 I 11111111111111111111111111111 gp $8p00 , lii 11111111111111111111111111111 $8,280 sem $6.280 220 $22• 40 , a • 30 3a 30 $1,120 10 $1,120 , 11111111111111111111111111111111111111111111 110111111111111111111111111111 $2,640 : iiEIIi 111111111111111111111111111111111 yi,920WO 0 120111111..1111111...11111111110.111 $11,40I 120 $11 400 7 Halff IU1Ive11P$ Bo $8200 111111111111111111111111110 $4,170 , WO $2,780$2,7 MOM $2,780 Wm OM 52,640 . 0 $2,840 . I$62,700 $72,430 "121111...1,508 $150,54d ■11111011111110alleral■ $8,500 4osom,....wirio......„Mpaiiiisto ®. $12,00' 8,500 NON S 12,000110111.101111111111111.. iii. 25,000 ■ 8 Exhibit "C" City of Wylie Guidelines for Computer Aided Drafting And Design (CADD) I. CONSULTANT'S RESPONSIBILITY. Files will be delivered to the city in CADD and in PDF format on Digital CD. II. COMPATIBILITY. Files shall be compatible to City of Wylie AUTOCAD system. City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 25 461885.v2 11/17/2006 Exhibit "D" City of Wylie Guidelines for Direct Expenses; General and Administrative Markup; Travel and Subsistence Expenses I. CONSULTANT'S RESPONSIBILITY. The Consultant shall be solely responsible for the auditing of all direct expense, approved markup (general and/or administrative), and approved travel and/or subsistence charges, including those to be included under a sub-contract, prior to the City for reimbursement, and Consultant shall be responsible for the accuracy thereof. Any overpayment by the City for errors in submittals for reimbursement may be deducted from the Consultant's subsequent payment(s) for services; however, this shall not be the City's sole and exclusive remedy for said overpayment. II. GUIDELINES FOR DIRECT EXPENSES. A. Local Transportation — Transportation in connection with the Project, when such transportation is not a function of routine performance of the duties of the Consultant in connection with the Project, and when such transportation exceeds beyond fifty (50) miles from the Project site, shall be reimbursed at a standard mileage rate consistent with that as issued, and periodically revised, by the United States Internal Revenue Service (IRS). Under no circumstances shall City reimburse Consultant at a higher standard mileage rate or pay additional markup on charges for local transportation. Completion of City's Standard Mileage Log is required for submittal of these charges for reimbursement, including justification for each submitted expense. Under no circumstances are charges associated with rental cars for local transportation eligible for reimbursement by City. Toll road subscriptions or toll plaza receipts are not reimbursable. Consultant agrees to place these standards in all subcontracts for work on the Project. B. Supplies, Material, Equipment — City shall reimburse the actual cost of other similar direct Project-related expenses, which are duly presented in advance and approved by City's Project Manager in writing. C. Commercial Reproduction — City shall reimburse the actual cost of reproductions, specifically limited to progress prints prepared for presentation to City at each phase of progress, and final Construction Documents prepared for distribution at bidding phase, provided that the Consultant has duly obtained at least three (3) quotations from commercial firms and has chosen the best value for the City. Consultant shall provide such documentation to City for review prior to submitting these expenses for reimbursement. Consultant agrees to place these standards in all subcontracts for work on the Project. D. In-House Reproduction - Consultant shall make arrangements with the City for prior approval of in-house reproduction rates prior to submitting these expenses City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 26 461885.v2 11/17/2006 for reimbursement. City shall provide Consultant with a standard format for documenting these charges. Completion of the City's reproduction log is required as a prerequisite for payment, including the number or reproductions, the date, time, description, the approved standard rate, and a justification for each submitted expense for reimbursement. Consultant agrees to place these standards in all subcontracts for work on the Project. E. Commercial Plotting — City shall reimburse the actual cost of plots, specifically limited to final documents, provided the Consultant has duly obtained at least three (3) quotations from commercial firms and has chosen the best value for the City. Consultant shall provide such documentation to City for review prior to submitting these expenses for reimbursement. Consultant agrees to place these standards in all subcontracts for work on the Project. F. In-House Plotting — Consultant shall make arrangements with City for prior written approval of in-house plotting rates prior to submitting these charges for reimbursement. City shall provide Consultant with a standard format for documenting these charges. Completion of the City's reproduction log is required as a prerequisite for payment, including the number of plots, the date, time, description, the approved standard rate, and a justification for each submitted charge for reimbursement. G. Communications — Reimbursement for expenses relating to electronic communications shall be limited to long-distance telephone or fax toll charges specifically required in the discharge of professional responsibilities related to the Project. Telephone service charges including office or cellular phones, WATTS, or Metro line services or similar charges are not reimbursable. H. Postage, Mail, and Delivery Service — City shall reimburse the actual cost of postage and delivery of Instruments of Service, provided the Consultant duly considers all circumstances (including available time for assured delivery) of the required delivery and selects the best value for the City, which may require comparison of delivery costs offered by three (3) or more sources or methods of delivery, which at a minimum shall include U.S. Mail. Courier service is acceptable only in circumstances requiring deadline-sensitive deliveries and not for the convenience of the Consultant and/or the Consultant's employees. Consultant agrees to place these standards in all subcontracts for work on the Project. I. Meals and Other Related Charges — Meals or any other related expenses are not reimbursable unless incurred outside a fifty (50) mile radius of the Project, and then only reimbursable for the actual cost subject to compliance with the City's currently adopted policy. Non-allowable costs include, but are not limited to, charges for entertainment, alcoholic beverages, and gratuities. III. GUIDELINES FOR GENERAL AND ADMINISTRATIVE MARKUP. City of Wylie—Consultant Services Agreement with Halff Associates,Inc. Page 27 461885.v2 11/17/2006 1. Requirement of Prior Approval — Consultant may be allowed to charge a General and/or Administrative Markup on work completed if Consultant can clearly define to City specifically what costs are included in the markup calculation. To apply General and/or Administrative Markup, Consultant must also document to City what costs would be considered direct costs. City shall issue approval in writing to allow Consultant to charge General and/or Administrative Markup. City reserves the right to reject any and all requests for General and/or Administrative Markup. IV. GUIDELINES FOR TRAVEL AND SUBSISTENCE EXPENSES. 1. Requirement of Prior Approval — City shall reimburse the actual cost of travel and/or subsistence expenses upon prior written approval by the City's Project Manager. 2. Adherence to Currently Adopted City Travel Policy — Reimbursements shall be governed by the same travel policies provided for City employees according to current adopted policy. Prior to the event, Consultant shall request, and the City's Project Manager shall provide the provisions and the restrictions that apply to out-of-town reimbursements. City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 28 461885.v2 11/17/2006 Exhibit "E" City of Wylie Contractor Insurance Guidelines I. Requirement of Insurance — A. Such policy shall name the City, its officers, agents, representatives, and employees as additional insured as to all applicable coverage with the exception of workers compensation insurance. A. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. B. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of the insurance. II. Insurance Company Qualification — All insurance companies providing the required insurance shall be authorized to transact business in the State of Texas, and shall have a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s). III. Certificate of Insurance — A Certificate of Insurance evidencing the required insurance shall be submitted with the contractor's bid or response to proposal. If the contract is renewed or extended by the City a Certificate of Insurance shall also be provided to the City prior to the date the contract is renewed or extended. City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 29 461885.v2 11/17/2006 IV. Insurance Checklist — "X" means that the following coverage is required for this Agreement. Coverage Required Limits X 1. Worker's Compensation & • Statutory Limits of the State of Employer's Liability Texas 2. General Liability • Minimum $1,000,000.00 each occurrence; 3. XCU Coverage • Minimum $1,000,000.00 per occurrence; • Minimum $2,000,000.00 aggregate. X 4. Professional Liability • Minimum $1,000,000.00 each claim; • Minimum $2,000,000.00 in the aggregate. X 5. Umbrella Coverage or • An amount of$ 2,000,000.00. Excess Liability Coverage 6. City named as additional insured on General Liability Policy. This coverage is primary to all other coverage the City may possess. X 7. City provided with Waiver of Subrogation on Worker's Compensation Insurance. X 8. Thirty (30) days notice of cancellation, non-renewal, or material change required. The words "endeavor to" and "but failure" (to end of sentence) are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates. X 9. Insurance company has a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s). X 10. The Policy and Certificate of Insurance both must state the project title and bid number. 11. Other Insurance Requirements (State Below): City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 30 461885.v2 11/17/2006 Exhibit"F" Conflict of Interest Questionnaire, Form CIQ. City of Wylie—Consultant Services Agreement with Halff Associates,Inc. Page 31 461885.v2 11/17/2006 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor or other person doing business with local governmental entity This questionnaire is being tiled in accordance with chapter 176 of the Local OFFICE USE ONLY Government Core by a person doing business with the tovernmerdal entity. Date Rece yea By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 17i$.006, Local Government Code.An offense under this section is a Class C misdemeanor. ,J Name of person doing business with local governmental entity. CCheck this box if you are filing an update to a previously filed questionnaire. (-he law requires that you the an updates completed questionnaire wit!) the appropriate tiling authority not later than September I of the year for which an activity described in Section 176.006(a).Local Government Code. !s pending and not later than the 7tn business day after the gate the origrnarly tied questionnaire aecomes ncomplete or inaccurate} J Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. J Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. p,ia-ae'0'.73:2:0? City of Wylie—Consultant Services Agreement with Halff Associates,Inc. Page 32 461885.v2 11/17/2006 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 J Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the answer to A,B,or C is YES.) To s section. item F. including subparts A. B C must cc completed for each officer with whom the filer has affiliation or business relationsh p Attacn additional pages to to s Form Cl: as necessary A Is toe local government officer named in this section rece ving or likely to receive taxable income from the filer of the questionnaire? Yes No B is the filer of the questionnaire receiving or likely to receve taxable income from or at the d.rection of the local government officer named in this section AND the taxat�ie income is not from the local governmental entity? Yes No C. Is the filer of this Questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director or holds an ownership of 13 percent or more? Yes No ft Descnnne each affiliation or business reiat onsMp- Describe any other affiliation or business relationship that might cause a conflict of interest. Signatre of person doing busless with the goeery-ental entity Date Ame-de.,0' City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 33 461885.v2 11/17/2006 Exhibit"G" Immigration Acknowledgment City of Wylie—Consultant Services Agreement with Halff Associates,Inc. Page 34 461885.v2 11/17/2006 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 12, 2006 Item Number: 10 Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: N/A Date Prepared: November 22, 2006 Budgeted Amount: N/A Exhibits: 3 Subject Consider, and act upon Ordinance No. 2006-76 establishing an Active and Continuing Records Management Program/Plan for the City of Wylie Repealing Ordinance No. 91-20 and Amending Article VI of the Wylie Code of Ordinances. Providing for Repealing, Savings and Severability Clauses; and Providing for an Effective Date of this Ordinance. Recommendation A motion to approve Ordinance No. 2006-76 establishing an Active and Continuing Records Management Program/Plan for the City of Wylie Repealing Ordinance No. 91-20 and Amending Article VI of the Wylie Code of Ordinances. Providing for Repealing, Savings and Severability Clauses; and Providing for an Effective Date of this Ordinance. Discussion The City Secretary's Office, staff and the City Attorney's Office have reviewed Ordinance No. 91-20 establishing a Records Management Policy. It is the finding of staff and the City Attorney's Office that the existing Records Management Plan(Ordinance No. 91-20)needed to be reviewed and updated in order to more clearly and comprehensively establish a Records Management Program. The proposed Ordinance is more aligned with state law regarding new procedures for off-site retention of non-active documents, and the implementation of laserfiche. The proposed Ordinance also addresses "state schedules" which were adopted by the City Council in 1997. City staff has prepared a recommended Records Management Plan which prescribes policies and procedures consistent with the Local Government Records Act and in the interests of cost-effective and efficient recordkeeping. Both documents are attached for your review and approval. Staff has also attached Ordinance No. 91-20 and 97-3 for your review. Approved By Initial Date Department Director CE 12-5-06 City Manager [ �a-FDt> Page 1 of 1 ORDINANCE NO. 2006-76 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING AN ACTIVE AND CONTINUING RECORDS MANAGEMENT PROGRAM/PLAN FOR THE CITY OF WYLIE; REPEALING ORDINANCE NO. 91-20 AND AMENDING ARTICLE VI OF THE WYLIE CODE OF ORDINANCES. PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, Title 6, Subtitle C, Local Government Code (known as the "Local Government Records Act") provides that a municipality must establish by ordinance an active and continuing records management program to be administered by a Records Management Officer; and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") investigated and determined that its existing records management program needed to be reviewed and updated in order to more clearly and comprehensively establish a records management program to be implemented by the City of Wylie, Texas("City"); and WHEREAS, City staff has prepared a recommended records management program which prescribes policies and procedures consistent with the Local Government Records Act and in the interests of cost-effective and efficient recordkeeping; and WHEREAS, the City Council has investigated and determined that the records management program set forth below should be adopted and implemented by the City; and WHEREAS, the City Council has further investigated and determined that Ordinance No. 91-20 should be repealed in order to establish a more clear and comprehensive records management program as set forth below. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1. FINDINGS INCORPORATED The findings set forth above are incorporated into the body of this Ordinance as if full set forth herein. SECTION 2. REPEAL OF ORDINANCE NO. 91-20 Ordinance No. 91-20 is repealed upon the effective date of this Ordinance. Such repeal shall not affect the applicability and/or enforceability of City's records management program in effect before the effective date of this Ordinance. This Ordinance shall apply prospectively from the effective date hereof. Ordinance No.2006-76 Establishing Records Management Plan Page 1 SECTION 3. DEFINITION OF MUNICIPAL RECORDS All documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information recording media, regardless of physical form or characteristic and regardless of whether public access to them is open or restricted under the laws of the state, created or received by the City of Wylie or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the City of Wylie and shall be created, maintained, and disposed of in accordance with the provisions of this Ordinance or procedures authorized by it and in no other manner. SECTION 4. ADDITIONAL DEFINITIONS (1) "Department head" means the officer who by ordinance, order, or administrative policy is in charge of an office of the City of Wylie that creates or receives records. (2) "Essential record"means any record of the City of Wylie necessary to the resumption or continuation of operations of the City of Wylie in an emergency or disaster, to the re- creation of the legal and financial status of the City of Wylie, or to the protection and fulfillment of obligations to the people of the state. (3) "Permanent record" means any record of the City of Wylie for which the retention period on a records control schedule is given as permanent. (4) "Records control schedule" means a document prepared by or under the authority of the Records Management Officer listing the records maintained by the City of Wylie, their retention periods, and other records disposition information that the records management program may require. (5) "Records management" means the application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of information retrieval systems, the protection of essential and permanent information, the economical and space-effective storage of inactive records, control over the creation and distribution forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems. (6) "Records liaison officers" means the persons designated under Section 11 of the Ordinance. (7) "Records management officer" means the person designated in Section 7 of this Ordinance. (8) "Records management plan"means the plan developed under Section 8 of this Ordinance. (9) "Retention period" means the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record,before it is eligible for destruction. Ordinance No.2006-76 Establishing Records Management Plan Page 2 SECTION 5. MUNICIPAL RECORDS DECLARED PUBLIC PROPERTY All municipal records as defined in Section 3 of this Ordinance are hereby declared to be the property of the City of Wylie. No municipal official or employee has, by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. SECTION 6. POLICY It is hereby declared to be the policy of the City of Wylie to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the Texas Local Government Records Act and accepted records management practice. SECTION 7. DESIGNATION OF RECORDS MANAGEMENT OFFICER The City Secretary, and the successive holders of said office, shall serve as Records Management Officer for the City of Wylie. As provided by state law, each successive holder of the office shall file his name with the director and librarian of the Texas State library within thirty(30) days of the initial designation of or taking up the office, as applicable. SECTION 8. RECORDS MANAGEMENT PLAN TO BE DEVELOPED; APPROVAL OF PLAN,AUTHORITY OF PLAN. (a) The Records Management Officer and the City Manager shall develop a records management plan for the City of Wylie for submission to the City Council. The plan must contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the municipality, and to properly preserve those records of the municipality that are of historical value. The plan must be designed to enable the Records Management Officer to effectively carry out his or her duties prescribed by state law and this Ordinance. (b) Once approved by the City Council, the records management plan shall be binding on all offices departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the City of Wylie and records shall be created,maintained, electronically stored, microfilmed, or disposed of in accordance with the plan. (c) State law relating to the duties, other responsibilities, or recordkeeping requirements of a department head do not exempt the department head or the records in the department head's care from the application of this Ordinance and the records management plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the City of Wylie. Ordinance No.2006-76 Establishing Records Management Plan Page 3 SECTION 9. DUTIES OF RECORDS MANAGEMENT OFFICER In addition to other duties assigned in this Ordinance, the Records Management Officer shall: (1) administer the records management program and provide assistance to department heads in its implementation; (2) plan, formulate, and prescribe records disposition policies, systems, standards, and procedures; (3) in cooperation with department heads, identify essential records and establish a disaster plan for each municipal office and department to ensure maximum availability of the records in order to re-establish operations quickly and with minimum disruption and expense; (4) develop procedures to ensure the permanent preservation of the historically valuable records of the City of Wylie; (5) establish standards for filing and storage equipment and for recordkeeping supplies; (6) study the feasibility of and, if appropriate establish a uniform filing system and forms design and control system for the City of Wylie; (7) provide records management advice and assistance to all municipal departments by preparation of a manual or manuals or procedure and policy and by on-site consultation; (8) monitor records retention schedules and administrative rules issued by the Texas State Library and Archives Commission to determine if the records management program and the municipality's records control schedules are in compliance with state regulations; (9) disseminate to the City Council and department heads information concerning state laws and administrative rules relating to local government records; (10) instruct Records Liaison Officers and other personnel in policies and procedures of the records management plan and their duties in the records management program; (11) direct Records Liaison Officers or other personnel in the conduct of records inventories in preparation for the development of records control schedules as required by state law and this Ordinance; (12) ensure that the maintenance, preservation, microfilming, electronic storage, destruction, or other disposition of municipal records are carried out in accordance with the policies and procedures of the records management program and the requirements of state law; (13) maintain records on the volume of records destroyed under approved state records control schedules, the volume of records microfilmed or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition; Ordinance No.2006-76 Establishing Records Management Plan Page 4 (14) report annually to the City Manager on the implementation of the records management plan in each department of the City of Wylie including summaries of the statistical and fiscal data compiled under Subsection(13); and (15) bring to the attention of the City Manager non-compliance by department heads or other municipal personnel with the policies and procedures of the records management program or the Local Government Records Act. SECTION 10. DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS In addition to other duties assigned in this Ordinance,department heads shall: (1) cooperate with the Records Management Officer in carrying out the policies and procedures established in the City of Wylie for the efficient and economical management of records and in carrying out the requirements of this Ordinance; and (2) adequately document the transaction of government business and the services, programs and duties for which the department head and his or her staff are responsible; and (3) maintain the records in his or her care and carry out their preservation, microfilming, destruction, or other disposition only in accordance with the policies and procedures of the records management program of the City of Wylie and the requirements of this Ordinance. SECTION 11. DESIGNATION OF RECORDS LIAISON OFFICERS Each department head shall designate a member of his or her staff to serve as Records Liaison Officer for the implementation of the records management program in the department. If the Records Management Officer determines that in the best interests of the records management program more than one Records Liaison Officer should be designated for a department, the department head shall designate the number of Records Liaison Officers specified by the Records Management Officer. Persons designated as Records Liaison Officers shall be thoroughly familiar with all the records created and maintained by the department. In the event of the resignation, retirement, dismissal, or removal by action of the department head of a person designated as a Records Liaison Officer, the department head shall promptly designate another person to fill the vacancy and report this change to the Records Management Officer. A department head may serve as Records Liaison Officer for his/her department. SECTION 12. DUTIES AND RESPONSIBILITES OF RECORDS LIAISON OFFICERS In addition to other duties assigned in this Ordinance,Records Liaison Officers shall: (a) conduct or supervise the conduct of inventories of the records of the department in preparation for the development of records control schedules; (b) in cooperation with the Records Management Officer, coordinate and implement the policies and procedures of the records management program in their departments; and Ordinance No. 2006-76 Establishing Records Management Plan Page 5 (c) disseminate information to department staff concerning the records management program. SECTION 13. RECORDS CONTROL SCHEDULES TO BE DEVELOPED; APPROVAL; FILING WITH STATE (a) The Records Management Officer, in cooperation with department heads and Records Liaison Officers, shall prepare records control schedules on a department by department basis listing all records created or received by the department and the retention period for each record. Records control schedules shall also contain such other information regarding the disposition of municipal records as the records management plan may require. (b) Each state records control schedule shall be monitored and amended as needed by the Records Management Officer on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect the recordkeeping procedures and needs of the department and the records management program of the City of Wylie. (c) Before a state records control schedule is amended within a department, a request must be submitted to the Records Management Officer on the state form. Once received by the Records Management Officer, that amendment will be submitted to the Texas State Library and Archives for approval. Once approval has been received, the record series will be added to the department schedules. (d) The state schedules set forth in and adopted by Ordinance No. 97-3 are incorporated herein by reference as if fully set forth at length. SECTION 14. IMPLEMENTATION OF RECORDS CONTROL SCHEDULES; DESTRUCTION OF RECORDS UNDER SCHEDULE (a) The City of Wylie has submitted and been approved to follow the state retention schedules by the enactment of Ordinance No. 97-3 and the Director of the Texas State Library and Archives. These schedules shall be implemented by department heads and Records Liaison Officers according to the policies and procedures of the records management plan. (b) A record, which retention period has expired on a records control schedule, shall be destroyed unless a public information request is pending on the record, the subject matter of the record is pertinent to a pending law suit, or the department head request in writing to the Records Management Officer that the record be retained or an additional period of time. If the record series will be kept for a longer period of time, the Records Management Officer will follow the procedures in accordance with Section 13(b)-(c)of this Ordinance. (c) Prior to the destruction of a record under a state approved records control schedule, authorization for the destruction must be obtained by the Records Management Officer and the City Manager. Ordinance No.2006-76 Establishing Records Management Plan Page 6 SECTION 15. OFF-SITE RECORDS FACILITY An offsite records retention facility, developed pursuant to the plan required by Section 8, shall be under the direction control and supervision of the Records Management Officer. Policies and Procedures regulating the operation and use of the records facility shall be contained in the records management plan developed under Section 8. SECTION 16. MICROGRAPHICS AND ELECTRONIC LASERFICHE Unless a micrographics or laserfiche program in a department is specifically excepted by order of the City Council, all microfilming or electronic storage (laserfiche) will be centralized and under the direct supervision of the Records Management Officer. The records management plan will establish policies and procedures for the microfilming of municipal records, in accordance with standards and procedures for the microfilming or electronic storage of local government records established in the rules of the Texas State Library and Archives Commission. The plan will also establish criteria for determining the eligibility of records for microfilming/electronic storage and protocols for ensuring that a microfilming/electronic storage program that is exempted from the centralized operations is, nevertheless, subject to periodic review by the Records Management Officer as to cost-effectiveness, administrative efficiency, and compliance with commission rules. SECTION 17. 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 18. 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. The City 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 19. EFFECTIVE DATE This Ordinance shall become effective from and after its adoption. Ordinance No.2006-76 Establishing Records Management Plan Page 7 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this the 12th day of December, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance No.2006-76 Establishing Records Management Plan Page 8 ORDINANCE NO. q AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS AMENDING THE WYLIE CODE OF ORDINANCES, CHAPTER 1 GENERAL PROVISIONS, SECTION 17 ADOPTING RECORDS CONTROL SCHEDULES IN COMPLIANCE WITH MINIMUM REQUIREMENTS ON RECORDS RETENTION SCHEDULES ISSUED BY THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION PURSUANT TO SECTION 203.041, LOCAL GOVERNMENT CODE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Wylie adopted Ordinance 91-20 on October 8, 1991 that established the City's Records Management Program for the orderly and efficient retention, retrieval and destruction of records of the City of Wylie; and WHEREAS, the 74th Legislature enacted Senate Bill 366 that permits local governments to file a written declaration that records control schedules have been adopted that comply with the minimum requirements on records retention schedules issued by the Texas State Library and Archives Commission; and WHEREAS,the City of Wylie in conformity with the Local Government Records Act desires to continue the efficient and economical management program of all City of Wylie records. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That Chapter 1 General Provisions, Section 17 Records Management Program, Definitions "Records control schedule" is hereby amended in its entirety to read as follows: "Records control schedule: a document issued by the commission under authority of Subchapter C, Chapter 203, Local Government Code establishing minimum retention periods for City records." SECTION 2: That the City of Wylie hereby adopts the records control schedules that comply with the minimum requirements on records retention schedules issued by the Texas State Library and Archives Commission. SECTION 3: Upon adoption of this ordinance, the City Secretary/Records Management Officer is directed to file with the director and librarian the Declaration of Compliance with the Records Scheduling Requirement of the Local Government Records Act pursuant to Subchapter 203.041(a)(2), Local Government Code. SECTION 4: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Five Hundred Dollars ($500.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 5: If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6: This ordinance becomes effective immediately upon its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this the 24th day of February, 1997 Jim Swa , Mayor Susan ilk, Gity Secretary_-_= 1.':q' _S ._. Ord.NT SEi "....:=_ ORDINANCE NO. ? - o AN ORDINANCE FOR THE CITY OF WYLIE, TEXAS, ESTABLISHING AN ACTIVE AND CONTINUING RECORDS MANAGEMENT PROGRAM OF GOVERNMENT RECORDS. WHEREAS, Title 6, Subtitle C, Local Government Code (Local Government Records Act) provides that a municipality must establish by Ordinance an active and continuing records management program to be administered by a Records Management Officer; and WHEREAS, the City of Wylie desires to adopt an Ordinance for that purpose and to prescribe policies and procedures consistent with the Local Government Records Act and in the interests of cost—effective and efficient recordkeeping; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: Section 1. DEFINITION OF MUNICIPAL RECORDS All documents, papers , letters , books , maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information recording media, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state , created or received by City of Wylie or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the City of Wylie and shall be created, maintained, and disposed of in accordance with the provisions of this Ordinance or procedures authorized by it and in no other manner. Section 2. ADDITIONAL DEFINITIONS (1) "Department head" means the officer who by ordinance, order, or administrative policy is in charge of an office of the City of Wylie that creates or receives records. (2) "Essential record" means any record of the City of Wylie necessary to the resumption or continuation of operations of the City of Wylie in an emergency or disaster, to the re—creation of the legal and financial status of the City of Wylie, or to the protection and fulfillment of obligations to the people of the state. (3) "Permanent record" means any record of the City of Wylie for which the retention period on a records control schedule is given as permanent. (4) "Records control schedule" means a document prepared by or under the authority of the Records Management Officer listing the records maintained by the City of Wylie , their retention periods , and other records disposition information that the records management program may require. (5) "Records management" means the application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of records control schedules , the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and space—effective storage of inactive records, control over the creation and distribution forms, reports , and correspondence, and the management of micrographics and electronic and other records storage systems. (6) "Records liaison officers" mean the persons designated under Section 10 of this Ordinance. (7) "Records management committee" means the committee established in Section 6 of this Ordinance. (8) "Records management officer" means the person designated in Section 5 of this Ordinance. (9) "Records management plan" means the plan developed under Section 7 of this Ordinance. ( 10) "Retention period" means the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction. Section 3. MUNICIPAL RECORDS DECLARED PUBLIC PROPERTY All municipal records as defined in Sec . 1 of this ordinance are hereby declared to be the property of the City of Wylie . No municipal official or employee has, by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. Section 4. POLICY It is hereby declared to be the policy of the City of Wylie to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance , use and disposition of all municipal records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the Texas Local Government Records Act and accepted records management practice. Section 5. DESIGNATION OF RECORDS MANAGEMENT OFFICER The City Secretary, and the successive holders of said office, shall serve as Records Management Officer for the City of Wylie. As provided by state law, each successive holder of the office shall file his or her name with the director and librarian of the Texas State Library within thirty days of the initial designation or of taking up the office, as applicable . SECTION 6. ESTABLISHMENT OF RECORDS MANAGEMENT COMMITTEE; DUTIES A Records Management Committee consisting of the City Secretary is hereby established. The committee shall: (a) assist the Records Management Officer in the development of policies and procedures governing the records management program; (b) review the performance of the program on a regular basis and propose changes and improvements if needed; (c) review and approve records control schedules submitted by the Records Management Officer; (d) give final approval to the destruction of records in accordance with approved records control schedules; and (e) actively support and promote the records management program throughout the City of Wylie. SECTION 7. RECORDS MANAGEMENT PLAN TO BE DEVELOPED; APPROVAL OF PLAN, AUTHORITY OF PLAN. (a) The Records Management Officer and the Records Management Committee shall develop a records management plan for the City of Wylie for submission to the City Council . The plan must contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the municipality, and to properly preserve those records of the municipality that are of historical value. The plan must be designed to enable the Records Management Officer to carry out his or her duties prescribed by state law and this Ordinance effectively. (b) Once approved by the City Council the records management plan shall be binding on all offices , departments , divisions , programs, commissions , bureaus , boards, committees, or similar entities of the City of Wylie and records shall be created, maintained , stored , microfilmed, or disposed of in accordance with the plan. (c) State law relating to the duties , other responsibilities, or recordkeeping requirements of a department head do not exempt the department head or the records in the department head's care from the application of this Ordinance and the records management plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the City of Wylie . SECTION 8. DUTIES OF RECORDS MANAGEMENT OFFICER In addition to other duties assigned in this Ordinance, the Records Management Officer shall: (1) administer the records management program and provide assistance to department heads in its implementation; (2) plan, formulate , and prescribe records disposition policies, systems , standards, and procedures; (3) in cooperation with department heads identify essential records and establish a disaster plan for each municipal office and department to ensure maximum availability of the records in order to re-establish operations quickly and with minimum disruption and expense; (4) develop procedures to ensure the permanent preservation of the historically valuable records of the city; (5) establish standards for filing and storage equipment and for recordkeeping supplies; (6) study the feasibility of and, if appropriate , establish a uniform filing system and a forms design and control system for the City of Wylie . (7) provide records management advice and assistance to all municipal departments by preparation of a manual or manuals or procedure and policy and by on-site consultation; (8) monitor records retention schedules and administrative rules issued by the Texas State Library and Archives Commission to determine if the records management program and the municipality's records control schedules are in compliance with state regulations ; (9) disseminate to the City Council and department heads information concerning state laws and administrative rules relating to local government records; (10) instruct Records Liaison Officers and other personnel in policies and procedures of the records management plan and their duties in the records management program; (11) direct Records Liaison Officers or other personnel in the conduct of records inventories in preparation for the development of records control schedules as required by state law and this Ordinance. (12) ensure that the maintenance, preservation, microfilming, destruction, or other disposition of municipality is carried out in accordance with the policies and procedures of the records management program and the requirements of state law; (13) maintain records on the volume of records destroyed under approved records control schedules, the volume of records microfilmed or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition; ( 14) report annually to the City Council on the implementation of the records management plan in each department of the City of Wylie including summaries of the statistical and fiscal data complied under Subsection (13) ; and (15) bring to the attention of the City Council non- compliance by department heads or other municipal personnel with the policies and procedures of the records management program or the Local Government Records Act. SECTION 9. DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS In addition to to other duties assigned in thus Ordinance , department heads shall: (1) cooperate with the Records Management Officer in carrying out the policies and procedures established in the City of Wylie for the efficient and economical management of records and in carrying out the requirements of this Ordinance . (2) adequately document the transaction of government business and the services, programs, and duties for which the department head and his or her staff are responsible; and (3) maintain the records in his or her care and carry out their preservation, microfilming, destruction, or other disposition only in accordance with the policies and procedures of the records management program of the City of Wylie and the requirements of this Ordinance. SECTION 10. DESIGNATION OF RECORDS LIAISON OFFICERS Each department head shall designate a member of his or her staff to serve as Records Liaison Officer for the implementation of the records management program in the department. If the Records Management Officer determines that in the best interests of the records management program more than one Records Liaison Officer should be designated for a department , the department head shall designate the number of Records Liaison Officers specified by the Records Management Officer. Persons designated as Records Liaison Officers shall be thoroughly familiar with all the records created and maintained by the department. In the event of the resignation, retirement, dismissal , or removal by action of the department head of a person designated as a Records Liaison Officer, the department head shall promptly designate another person to fill the vacancy. A department head may serve as Records Liaison Officer for his or her department. SECTION 11 . DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON OFFICERS In addition to other duties assigned in this Ordinance, Records Liaison Officers shall: (a) conduct or supervise the conduct of inventories of the records of the department in preparation for the development of records control schedules; (b) in cooperation with the Records Management Officer coordinate and implement the policies and procedures of the records management program in their departments; and (c) disseminate information to department staff concerning the records management program. SECTION 12. RECORDS CONTROL SCHEDULES TO BE DEVELOPED; APPROVAL; FILING WITH STATE (a) The Records Management Office , in cooperation with department heads and Records Liaison Officers , shall prepare records control schedules on a department by department basis listing all records created or received by the department and the retention period for each record. Records control schedules shall also contain such other information regarding the disposition of municipal records as the records management plan may require . (b) Each records control schedule shall be monitored and amended as needed by the Records Management Officer on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect the recordkeeping procedures and needs of the department and the records management program of the City of Wylie . (c) Before its adoption a records control schedule or amended schedule for a department must be approved by the department head and the members of the Records Management Committee. (d) Before its adoption a records control schedule must be submitted to and accepted for filing by the director and librarian as provided by state law. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing . The Records Management Officer shall submit the records control schedules to the director and librarian. SECTION 13. IMPLEMENTATION OR RECORDS CONTROL SCHEDULES; DESTRUCTION OF RECORDS UNDER SCHEDULE (a) A records controls schedule for a department head that has been approved and adopted under Section 7 shall be implemented by department heads and Records Liaison Officers according to the policies and procedures of the records management plan. (b) A record whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinent to a pending law suit , or the department head requests in writing to the Records Management Committee that the record be retained for an additional period. (c) Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the Records Management Officer from the Records Management Committee. SECTION 14. DESTRUCTION OF UNSCHEDULED RECORDS A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the Records Management Officer has submitted to and received back from the director and librarian an approved destruction authorization request. SECTION 15. RECORDS CENTER A records center, developed pursuant to the plan required by Section 7, shall be under the direct control and supervision of the Records Management Officer, Policies and procedures regulating the operations and use of the records center shall be contained in the records management plan developed under Section 7. SECTION 16. MICROGRAPHICS Unless a micrographics program in a department is specifically exempted by order of the City Council, all microfilming of records will be centralized and under the direct supervision of the Records Management Officer. The records management plan will establish policies and procedures for the microfilming of municipal records , including policies to ensure that all microfilming is done in accordance with standards and procedures for the microfilming of local government records established in rules of the Texas State Library and Archives Commission. The plan will also establish criteria for determining the eligibility of records for microfilming and protocols for ensuring that a microfilming program that is exempted from the centralized operations is, nevertheless , subject to periodic review by the records management officer as to cost—effectiveness, administrative efficiency, and compliance with commission rules. PASSED AND APPROVED b the City o n..'1 of the City of Wylie, Texas , this day of /W/ , 1991. ohn Akin, Mayor SEAL %' ATTEST: Caro o e City Secretary APPROVED AS 0 FOR . e n site Ci y ttorney Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 12-12-06 Item Number: 11 Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 11-29-06 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, issues surrounding a request from the Wylie Economic Development Corporation to the City of Wylie to assist in funding a Strategic Plan and Target Market Study in the amount of$10,000. Recommendation Approve funding in the amount of$10,000 toward the WEDC Strategic Plan and Target Market Study. Discussion After interviewing and considering several firms in the Austin and Dallas area, the Wylie Economic Development Corporation (WEDC) has entered into a Consulting Agreement with TIP Strategies, Inc. to develop a Strategic Plan and Target Market Study for the WEDC and Wylie community. The strategic planning aspect of the Plan is contracted at $60,000. The WEDC Board believed it was important to go beyond the industrial development responsibilities of the WEDC and develop a community wide strategy to address retail development. The addition of the retail component to this study brings with it an additional cost of$15,000 or a total project cost of$75,000. Within the FY 2006 — 2007 Budget, the WEDC Board committed $65,000 to strategic planning purposes. While the WEDC has obligated itself to the contracted amount of $75,000, the WEDC Board of Directors respectfully requests financial assistance from the City of Wylie in the amount of $10,000. This request is based upon not only on the added benefit to the community of a more efficient EDC,but on the direct impact to the City of Wylie sales tax revenue which will result from a comprehensive and coordinated retail attraction strategy. Regardless of the financial participation from the City, the WEDC will be looking to the City Council and staff to participate in the strategic planning process. This process will begin with a kick-off meeting on or about January 11, 2007. Notification of the exact meeting dates will go out the week of December 4th Approved By Initial Date Department Director '/��SS11 n 11-29-06 City Manager Y V` uv \ i4 4 4 Page 1 of 1 CONSULTING AGREEMENT This Consulting Agreement (the "Agreement") is entered into as of the last date shown below by and between TIP Strategies, Inc. ("Consultant"), and the Wylie Economic Development Corporation ("Client"). WHEREAS, the Client desires to retain Consultant for the creation of an economic development strategic plan and target market study. WHEREAS, the Consultant agrees to provide certain consulting services to the Client to assist with such endeavors. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the sufficiency of which are hereby acknowledged, the parties agree to the following: 1) Consultant agrees to provide the services set forth in the Scope of Work attached hereto as Exhibit A. 2) Client agrees to pay the sum of$75,000.00 for the services as outlined in Exhibit A. The sum of$15,000.00 (20% of project cost) shall be due upon execution of this Agreement. Thereafter, the balance of the fee shall be payable in four(4) monthly installments of$15,000.00 each. Client also agrees to reimburse Consultant for travel and out-of-pocket expenses. 3) Either party may terminate this Agreement if: a. the non-terminating party shall be in default under any term, provision or condition of this Agreement and fails to cure such default within ten (10) days of receipt of written notice sufficiently describing the default; or b. either party shall file or have filed against it any proceeding under any bankruptcy, insolvency or other law affecting the enforceability of creditors' rights. 4) Client acknowledges that Consultant participates in, advises, and/or manages entities which may compete and conflict with the Client's economic development interests. Notwithstanding such competing interests and potential conflicts, the Client acknowledges and agrees that such competition and conflicts are inherent and unavoidable, that the benefits which the Client receives by obtaining the services from Consultant outweigh the potential for such conflicts and that Consultant may continue to participate, advise, and/or manage such competing interests. TIP Strategies, Inc. —Wylie Consulting Agreement Page 1 of 8 9-27-06 5) This Agreement shall be governed by Texas law. This Agreement is negotiated, executed and performed in Travis County, Texas. Should any lawsuit be commenced which is related to this Agreement, it is agreed that such suit will be commenced in Travis County, Texas. 6) Consultant is an independent contractor and will be solely responsible for any claims of its employees or subcontractors for their actions. In the event litigation becomes necessary with respect to a breach or alleged breach of any of the agreements contained herein, the party in whose favor final judgment shall be entered shall be entitled to recover from the other party all costs and expenses of suit, including reasonable attorneys' fees. 7) If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each provision of this Agreement shall remain valid and enforceable to the fullest extent permitted by law. 8) All notices and/or payments required by this Agreement must be in writing and sent by fax, hand delivery, overnight mail service or certified mail, return receipt requested, to the addresses set forth below or such other address as either party may designate in writing as the address for such notices. 9) Each party represents to the other party that it has (a)fully read and understood the terms of this Agreement, (b) had the opportunity to seek the assistance of its own legal advisor regarding this Agreement and its terms, (c) full legal authority to enter into this Agreement and has taken all necessary legal steps to obtain such authority, (d) equally participated in the negotiation and drafting of this Agreement, and (e) not relied upon any statement, representation or warranty not contained in this Agreement and/or the exhibits attached hereto. 10) This Agreement, including the attached exhibits listed herein, constitutes the entire agreement of the parties with respect to the subject matter hereof and may not be modified, amended or rescinded except by a written agreement signed by both parties. No oral agreements, representations or warranties have been made and/or relied upon. TIP Strategies, Inc.—Wylie Consulting Agreement Page 2 of 8 9-27-06 11) This Agreement may be executed in multiple counterparts. "CONSULTANT": TIP STRATEGIES, INC. By: / Name: orn '51e/1man Title: Pre f ? 41120 Dated: lD- q , 2006 ADDRESS FOR NOTICE AND PAYMENT: 7000 North MoPac, Ste. 305 Austin, Texas 78731 "CLIENT": WYLIE ECONOMIC DEVELOPMENT CORPORATION By: cat. 21kf)---- Name: '5+4.-.N. Ar-tk-er‘a,51 4 Title: 'Evec 4L.9 * i,eef Dated: ' ' 2 , 2006 ADDRESS FOR NOTICE: 108-C West Marble Wylie, TX 75098 TIP Strategies, Inc.—Wylie Consulting Agreement Page 3 of 8 9-27-06 Exhibit A— Scope of Work We believe that it is essential to establish a strong working relationship between our team and the client project team at the outset of the project. The kick-off meeting provides the opportunity to discuss project objectives, define project success factors, identify relevant studies and initiatives, and review the team's overall expectations for the engagement. The outcome of the meeting will be a project management plan that will serve as the foundation for all the work to follow. TIP proposes the following three-phased process to complete our work: PHASE I: ASSESSMENT We begin by conducting a detailed assessment of the community's unique economic strengths and weaknesses in the context of the regional economy. The purpose of this analysis is to focus on factors that define the area's overall competitiveness and serve as the basis for economic development strategies. During this phase, TIP Strategies will use both qualitative and quantitative methods to develop a full understanding of Wylie's competitive advantages as well as barriers to growth and development. Economic assessment>In addition to a community tour and a review of existing planning documents, our team of analysts prepares a targeted analysis of demographic and economic factors that are of greatest concern to business leaders, site selectors, and other economic decision makers. Our analysis is strengthened by focus groups conducted with local and regional experts to gather information about future land use plans, regional economic trends, supply chains, current investment patterns, and other intelligence that will enhance the analysis. Our assessment typically addresses the following elements; however, specific topics can be customized to meet the needs of the client: • WORKFORCE & EDUCATION.We will analyze the area's demographics from the perspective of current employers and potential recruits.This portion of the assessment will consider overall growth in the labor force, participation and unemployment rates, educational attainment and higher education enrollment, commuting patterns, wage rates, and occupational statistics. In addition,we will focus on area institutions of higher learning and their on-going role in economic development. • ECONOMIC BASE. To understand the foundation and overall structure of Wylie's economy, we will examine local employment growth trends, industrial composition, and major employers in the area. • BUSINESS CLIMATE & INFRASTRUCTURE. We will conduct an assessment of issues affecting Wylie's appeal to industrial and other major employers. This analysis will consider such factors as location; transportation, telecommunication, and other utility infrastructure (planned and existing); available sites; and incentives to assess options for modernization and meeting present and future needs. ■ INDUSTRY FOCUS GROUPS &KEY INFORMANT INTERVIEWS.The consulting team will conduct industry focus groups and interviews with local economic development professionals, as well as company executives from key industries in the area. The consulting team will meet specifically with managers of these operations to assist in identifying potential upstream and downstream supply chain targets, as well as those planning to expand or open new facilities. Cluster and target industry analysis > Clusters are geographic concentrations of interconnected firms and institutions utilizing related applications and serving similar markets. When fully developed, clusters can act as the principle drivers of economic growth and innovation in a region. TIP Strategies, Inc.—Wylie Consulting Agreement Page 4 of 8 9-27-06 We will perform an analysis of established and emerging industry clusters in the region. This analysis will provide an overview of leading clusters currently driving the regional economy, as well as a description of factors critical for their long-and short-term success. In addition, we will identify emerging clusters that present the greatest opportunities for future innovation and prosperity. Our approach to cluster analysis relies heavily on proprietary formulas for estimating suppressed data and on information about regional trends, future employment and skill needs, and supply chains gathered through business interviews. As part of this step, the consulting team will employ several analytical techniques, including location quotients, shift-share analysis, as well as a review of employment forecasts and industry trends. Particular consideration will be given to understanding the potential for collaboration between regional higher education institutions and regional clusters.The analysis will serve as the foundation for the development of strategies that will address the needs of potential targets for attraction and retention programs. • TARGET INDUSTRY RECOMMENDATIONS. Based on the results of the cluster and targeting analysis, TIP will identify 4-6 industries that represent the highest potential for success in Wylie. Each identified target industry will include background information on the industry and a description of why this industry is a fit for Wylie. Facilities and sites >To gain an understanding of the Wylie"product"from a real estate development standpoint, the consulting team will work with area representatives to select industrial and business parks, available facilities, and undeveloped sites in the region to be considered during the planning process.This will form the basis of strategies related to the development of business parks, operated either by the city or the private sector. Benchmarking >Our Discovery process includes developing profiles of the economic development efforts of an agreed upon number of benchmark communities or regions. The purpose of benchmarking is to identify best practices and gain a better understanding of where the client stands in the competitive environment.TIP will work with the steering committee in determining which communities would serve as the most appropriate benchmarks for Wylie. An important focus of our benchmarking work is to profile significant projects undertaken by other economic development organizations. Emphasis is placed on understanding the public sector role and reporting "lessons learned." Retail Analysis — The TIP team will conduct a retail analysis involving several key steps; 1. Retail Trade Area Determination &Analysis • We will travel primary and secondary traffic arteries in Wylie and surrounding communities while paying close attention to ingress and egress from population clusters, residential neighborhoods and other communities. • We will perform retail assessment in communities and retail areas that compete with Universal City and document primary retailers, restaurants and their locations. • We will create a retail trade area boundary map based on findings, perform a Drive-Time Analysis for Wylie, then compare the two to determine final retail trade area. TIP Strategies, Inc.—Wylie Consulting Agreement Page 5 of 8 9-27-06 2. Psychographic &Demographic Profiling • We will determine and analyze Psychographic lifestyle segmentation profiles of the households in the retail trade area. • We will develop a Demographic profile of retail trade area, including city demographics, demographic trends, etc. 3. Retail Leakage Analysis • We will determine potential retail sales for 52 retail sectors and measure findings against estimated actual retail sales to determine retail sales surpluses or leakages. • We will create summary graphs of each retail sector showing potential sales and estimated actual sales. 4. Retailer Analysis & Selection • We will synchronize the Psychographic lifestyle segmentation profile for the retail trade area to a database of retailers and restaurants to identify those whose preferred customers match the profile. • We will provide a minimum of 25 targeted retailers and restaurants based on matching their site selection criteria to findings of the Retail Trade Area Determination & Analysis, Psychographic & Demographic Profiles and the Retail Leakage Analysis. • We will provide Company's name, address, contact name(s) and telephone numbers in database format. • Where appropriate, we will provide names and contact information for retail developers for targeting. PHASE II: OPPORTUNITY At TIP, we are keenly aware of how communities and regions make planning decisions. TIP defines economic development as the application of public resources to stimulate private investment.This definition recognizes that decisions on everything from transportation infrastructure to new workforce development initiatives must be informed by the response they will receive from the private sector. As a result, our approach is rooted in the needs of the client on one hand, and by an in-depth knowledge of investment choices on the other. Unlike traditional strategic plans, which are often encumbered by the strict hierarchy of formal strategic planning language, we employ a streamlined process that focuses on opportunity rather than nomenclature. Vision > In the TIP Planning Model, vision is inextricably linked to opportunity,with each informing the other. A clear vision statement provides a framework that guides the recommended actions and establishes priorities among available alternatives; the range of opportunities should suggest a larger vision.While the assessment serves as the foundation for this process, we pride ourselves on our ability to think creatively and to develop a vision supported by data, but not driven by it. TIP Strategies, Inc.—Wylie Consulting Agreement Page 6 of 8 9-27-06 Strategies > Based on the findings of the assessment, public input obtained during the Discovery phase, and the experience of the consulting team, TIP will assist in identifying effective strategies. Consideration will be given to a range of traditional and non-traditional economic development opportunities, including: • Business retention, expansion, and recruitment • Workforce development • Small business and entrepreneurial development ■ Target industry identification (both short-and mid-term targets will be developed based on Wylie's current competitive advantages) ■ Infrastructure needs • Incentives • Tourism strategies • Leveraging strengths and opportunities that can help Wylie differentiate itself from the competition. • Leveraging area educational institutions • Developing the region's business infrastructure including industry alliances, financial institutions, and relationships with organizations serving the region • Maximizing existing industrial parks PHASE III: IMPLEMENTATION Although often overlooked, a strong implementation plan can be the key to bringing a plan to fruition.We understand that the implementation phase must be considered within the development of the plan itself.What clients do with the products of their planning efforts makes a difference to the community's future. In some cases, it makes the decisive difference. Implementation plan >TIP will prepare a plan to guide the implementation of the strategic plan developed in Phase II.The implementation plan will address the following o ACTIONS. Using the findings from the Opportunity phase, we will develop specific action steps to support the strategies. This step typically includes identifying responsible parties and potential partnership opportunities, setting timelines, preparing budget estimates and identifying potential funding sources. o PRIORITY. Identifying opportunities and the steps needed to make them reality is not enough. Setting priorities is perhaps the most important role that a solid implementation plan should fulfill. Having clearly established priorities is essential for effective use of public resources. o ORGANIZATION. Where appropriate, this phase will include a discussion of operational changes that may be required to implement the plan. o MEASUREMENT. An important piece of any strategic plan is developing the metrics by which success of the plan will be gauged. We can also advise the city of Wylie on methodologies for collecting the needed data. TIP Strategies, Inc.—Wylie Consulting Agreement Page 7 of 8 9-27-06 FINAL REPORT & PRESENTATION Building public support for a plan is critical to its successful implementation. Near the end of the project and during the final phase, TIP will present the final recommendations at a public"roll-out" of the plan. In our experience, this step has been critical to broader acceptance of the strategies. Also during this final phase of the project,TIP will revise the deliverables, and work with the city and steering committee to obtain final approval for the plan.The outcome of the process will be clear:forward-thinking strategies that provide a practical tool to guide economic development activities in Wylie. TIP Strategies, Inc. —Wylie Consulting Agreement Page 8 of 8 9-27-06 Wylie City Council CITY OF WYLIE AGENDA REPORT • Meeting Date: December 12, 2006 Item Number: 12 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 4, 2006 Budgeted Amount: Exhibits: Ordinance Subject Tabled Item from November 14,2006 (MOTION TO REMOVE FROM TABLE): Consider, and act upon, appointment of a new member to the Planning and Zoning Commission for the unexpired term of November 2006 to July 2007. Recommendation A motion to appoint to the Planning and Zoning Commission to fill the unexpired term of November 2006 to July 2007. Discussion Article VIII, Section 2A of the City Charter authorizes the City Council to establish a planning and zoning commission. Ordinance 84-11, establishing the Planning and Zoning Commission, stipulates that the Planning and Zoning Commission shall: 1. Consist of seven(7)citizens of the City of Wylie 2. Shall be qualified voters who shall serve for a term of two(2)years. 3. Members of the planning and zoning commission shall be residents of the City of Wylie for at least 12 months preceding the date of appointment; 4. Be knowledgeable in the affairs of the city and be knowledgeable in the functions and activities provided for in Article IX of the City Code of Ordinances; 5. Make and recommend to the city council a master plan to be used as a guide in considering ordinances for the orderly development of the city. 6. The commission shall, not less than every five years, review and recommend to the city council amendments to the master plan of the city. 7. Recommend to the city council proposed ordinances and amendments to ordinances regarding planning, zoning and environmental quality and review ordinances and amendments proposed by the city council relative to the city council's planning and zoning function. 8. Receive and review all platting and subdivision proposals and make recommendations to the city council for appropriate action. Approved By Initial Date Department Director RO 12/04/06 City Manager [A IA (g (oL Page 1 of 1 t„ta4 y- 1 /, ,' AN ORDINANCE CREATING A PLANNING AND ZONING `1L� COMMISSION FOR THE CITY OF WYLIE, TEXAS, AND ` • PRESCRIBING THEIR POWERS AND DUTIES . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: That Section 1, of Ordinance # 1956, titled "An Ordinance Creating A Planning and Zoning Commission for the City of Wylie, Texas and Prescribing Their Powers and Duties" be amended to read as follows: Section 1. That there is hereby created and established for the City of Wylie, Texas, a Planning and Zoning Commission, which shall be composed of 7 members. The members shall be resi- dent citizens, taxpayers and qualified voters of the City, all of whom shall be appointed by the Mayor subject to confirmation by the Governing body, to serve for terms of 2 years. All vacancies shall be filled for the unexpired term in the same manner as provided for the original appointments. All expired terms shall be filled for terms as provided for the original ap- pointments and in the same manners. Members of the Commission may be removed by the Mayor, with the consent of the Governing Body, after public hearing and for cause assigned in writing. The members of the Commission shall serve without compensation.) Section. 2. The Planning and Zoning Commission shall elect a Chairman and Vice Chairman from its membership and shall have power. to employ such qualified persons as may ' be necessary for the proper conduct and undertakings of the Commission and to pay for their services and such other necessary expenses, provided that the cost of such services and expenses shall not exceed the amount appropriated by the governing body for the use of the Commission. It shall also have the power to make rules, regulations and by-laws for its own government, which shall conform.as nearly as 1. As amended by Ordinance #79-26 November 13, 1979. • 2,. possible with those governing the City Council and same shall be subject to approval by such Council. Such by- laws shall include, among other items, provisions for: (a) regular and special meetings, open to the public; (b) records of its proceedings, to be open for inspection by the public; (c) reporting to the governing body and the public, from time to time and annually; and (d) for the • holding of public hearings on its recommendations. Section 3. The Planning and Zoning Commission shall have the power and it shall be its duty to make and recommend for adoption a master plan, as a whole or in parts, for the future development and redevelopment of the municipality and its environs and shall have power and it shall be its duty to prepare a comprehensive plan and ordinance for zoning the city in accordance with Chapter 283, Acts of the Regular Session of the Legislature, 1927, (Arts. 1011a to 1011j, R.C.S. ). The Commission shall perform such other duties as may be prescribed by ordinance of State Law. PASSED AND APPROVED, this 26th day of. April 1956. APPROVED: A.D. Boyd Mayor Pro-Tem Mayor, City of Wylie ATTEST: W.W. Houspwriyht City Secretary ORIINANCE 79-26 3, AN OP.DINANCE AMEI..,ING PLANNING AND ZONING COzi4ISSION ORIDNANCE 1 1956 AS AMENDED SECTION 1. ; SEVERABILITY; EFFECTIVE DATE: November 13 , 1979. TO ADD SECTION 4: TO WIT; VALIDITY Should any section or provision of this ordinance be declared invalid, such decision shall not affect the ordinance .as a whole or any part there of except the section or provision so declared to be invalid. TO ADD SECTION 5; The effective date of this amendment to Ordinance 11956 shall take effect on the 13th day of November , 1979. PASSED AND APPROVED this the 13th day of November , 1979. )Aee,,/3/aee .i/ ohn W. Akin, Mayor At4 . (1) cahLelly City Secretary • Art. 1O11e CITIES, TOWNS AND VILLAGES • i. Note 7 Quin/ion whether amendatory zoning ordi- 10. Population increase A nonce was illegal and void because amount- Facts that there had been substantial in- '" ;m1 ing to spot zoning was one of law and not of crease in population within city limits since 4 a 44 fact,and court in deciding it was required to enactment of comprehensive zoning ordi- kilitig,_!;•:;::.-:•. ranee and due regard to all circumstances of city, ran and that there was need for multifami- eS object sought to be attained and necessity ly housing and public housing did not,in and • existing for the ordinance. Thompson v. of themselves, justify "spot zoning" which City of Palestine(Civ.App.1973)502 S.W.2d rezoned subdivision from single-family use to : ,,,, rr o-, ' • 570,reversed on other grounds 510 S.W.2d multifamily use. Tippett v. City of Pharr - 579. (Civ.App.1980)600 S.W.2d 951,reversed on „.i r It was zoning classification of tract of land other grounds 616 S.W.2d 173. s which was rezoned from single-family resi- • : dential to multifamily- residential which 11. Conditional variance fit— T Court of Civil Appeals had to consider; Record established that permission granted j therefore quality of proposed development defendant by city to move houses onto agri- #' was immaterial to its decision. Tippet v. -- (sty of Pharr (Civ.App.1980)) 600 S.W.2d culturally zoned property was,at most,eon- ;• bi ,s ditionally granted on a temporary basis sub 951,reversed on other grounds 616 S.W.2d ,, ty,� 173. jest to subsequent approval by planning and _ ��• '* In cases where a city amends its own corn- zoning commission; however, no such cep A'•".'4 prehensive zoningordinance,t he reasonable- Proust was granted and,therefore,defendant �gwas in violation of the zoning ordinance. .G V ness or arbitrariness of the proposed action is Fuentes v.City of Kingsville(Civ.App.1981) a question of law to be decided by the court. 616 S.W.2d 679. City of Lubbock v. Austin (Sup.1982) 628 < S.W.2d 49. 12. Pleadings s • 8 Accessory use of property Naked assertions that action of city zoning ' k� ' Tennis court o be used solely by one board of adjustment,in granting special tse family and constructed on lot containing exception so that church could conduct non- ,, i their dwelling was"accessory use"customer- profit ball park and practice Geld in residen- T p ' ticonformity ily incident to dwelling within city ordinance tial zone,was not in with corn- ' - prescribing zoning regulations for first dwell- prehensive plan did not establish such non• ` ,� ing house districts. Hardy v.Calhoun(Civ. conformity as a matter of law where nowhere w , `V w .A App.1965)383 S.W.2d 652 in their pleadings did objectors to special �dri,4 9. Traffic increases exception challenge validity of legislative ac ,,. Evidence of increased traffic and widened tam which permitted ball parks and Practice .. 't"on ' streets in area in question was not sufficient fields to be located in residential distriva w: to create fact issue as to whether"spot zon- Board of Adjustment of City of San Antonio t�'c« ing" of particular tract was justified by v.Leon(Civ.App.1981)621S.W.2d431 t changed conditions in the area. Tippett V. Y' s, City of Pharr (Civ.App.1980) 600 S.W.2d 13. Notice • ''t„ ' 1 �:. 951,reversed on other grounds 616 S.W.2d Homeowners who purchased their hornet t,', :1 173. after adoption of amendments to city coot eAti r Evidence of increased traffic and widened prehensive zoning ordinance did so with sag, � streets in the area in question fails even to tics of the rezoning ordinances and therefor . create fact issue as to whether case of"spot could not subsequently maintain • • zoning"is justified unless increase in traffic against the city challenging the amendments. • ,t. is tremendous or rezoning in question is sub- Leach v.City of North Richland Hills(Aplx [ c; stantial. id. 1982)627 S.W.2d 854. is .sold ::' Art. 1011f. Zoning commission • (a) In order to avail itself of the powers conferred by this Act,the legisla body of a home-rule city shall, and the legislative body of a general ..' municipality may,appoint a commission,to be known as the Zoning Com _ (b) If a Zoning Commission is appointed,it shall recommend the boa ,: .' of the various original districts and appropriate regulations to be enforced - , Such Commission shall make a preliminary report and hold public thereon before submitting its final report,and such legislative body shall not:• . its public hearings or take action until it has received the final report of; Commission; provided,however,that any city or town,by ordinance,may , for the holding of any public hearing of the legislative body, after.pu.. , 196 {L...`- »lea:. I CITIES, TOWNS AND VILLAGES Art. 1011f ., Note 2 notice required by Section 4 of this Act,jointly with any public hearing required _, '§q"" to be held by the Zoning Commission, but such legislative body shall not take 1 action until it has received the final report of such Zoning Commission. Where a City Plan Commission already exists,it may be appointed as the Zoning Commis- sion. Written notice of all public hearings before the Zoning Commission on proposed changes in classification shall be sent to owners of real property lying t i within two hundred(200)feet of the property on which the change in classifies- ' tion is proposed,such notice to be given,not less than ten (10)days before the N9i date set for hearing,to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such t notice may be served by depositing the same,properly addressed and postage paid, in the city post office. Where property lying within two hundred(200)feet of the property proposed to be changed is located in territory which was annexed to the r city after the final date for making the renditions which are included on the last - approved city tax roll, notice to such owners shall be given by publication in the , : manner provided in Section 4 of this Act. (c) Any other law that refers to a municipal Zoning Commission or Planning 1 Commission shall be construed as referring to the legislative body in the case of a Na general law municipality that exercises zoning power without appointment of a s .,,,,.-.I. Zoning Commission. b,..... ..P ' Amended by Acts 1979,66th Leg.,p.1869,ch.754,§ 1,eff.Aug.27,1979. . r" Cross References Where deed provided that grantees would , J 'tA ........4 41 Enforcement of land use restrictions con- make no objection to any governing body y r c r "' tamed in plats,cities of more than 1,000,000, against zoning of remainder of grantors t'i.' see art.974a-1. property for business or commercial use,ob- ) a 1st; jection subsequently made to City Plan '. ,'' Law Review Commentaries Commission by sole stockholder and presi- S` dent of corporation which was successor of �� e Annual survey of Texas law: Property- original grantees was made in behalf of cor- Land utilization. Paul B.Larsen,21 South- - +8 " potation,and not in an individual capacity, .,ev western L].(Tex.)9,10(1967). where sole stockholder and president owned .. ' -'• Regional land use control. Robert Bruce no property in vicinity and property con- ' r Evans,22 Baylor LRev. I(1970). veyed under deed was only property owned i,..� •. Rezoning: Should it be legislative or judi- by corporation in vicinity. Id. -,-.:',. ."-,..,a, x br cial function? Jerry L. Harris, 31 Baylor Right to appear before zoning commission L.Rev.409(1979). is mere legislative right as distinguished from . x 1' i constitutional right. Lawton v.City of Aus- rt -a v+. 'if. tin(Civ.App.1966)404 S.W.2d 648,ref.n.r.c. 4'-.4 Supplementary Index to Notes Legislature may put such restrictions on - and provide manner in which municipalities ' Zoning changes 7 may exercise delegation of zoning authority - _{ as h sees fit. Id. :"'"= Pre-election campaign statements and - I. Validity of law promises,allegedly mades by home rule city' Notice provisions of statutes governing es- mayor and two councilmen running on polit- • Itablishment of and procedure by zoning corn- ical platform opposing construction of more t mission were constitutionally adequate and apartments, did not disqualify members of • valid. Lawton v.City of Austin(Civ.App. council from participating in its future offi- .,t 1966)404 S.W.2d 648,ref.ns.e. cial actions in passing or refusing to pass amendatory ordinance changing zoning from ( i 2. Construction and application apartment to residential. City of Fanners , 1 Where grantees agreed to make no objec- Branch v.Hawnco,Inc.(Civ.App.1968)435 1 Lion to any governing body against zoning of S.W.2d 288,ref.n.r.e. grantor's remaining property for business or Assurances in regard to continuing apart- commercial use, objection subsequently ment zoning given to property owner by ,- made to City Plan Commission was an"ob- individual members of home rule city's corm- jection to any governing body." Dilbeck v. cil were not binding on such governmental '' Bill Gaynier,Inc.(Civ.App.1963)368 S.W.2d body which may act only in its official capac- 804,ref.n.r.e. ity. Id. • 197 CITIES, TOWNS AND VILLAGES Art. 1011g Requirement is not that amendment by Unger v. State(App.1982)629 S.W.2d 811, :? city council to zoning ordinance have actual- review refused t,1: - ly been discussed before city planning corn- J, a ,. mission, but that opportunity was afforded icing pe of police power by o within cc re- 3 for it to have been. Midway Protective gutting permit for drilling oil home League v.City of Dallas(Civ.App.1977)552 rule tco within limits did not requirecel city o tutor- a ui its o t of statutory S.W.2d 170, 7 A.LR. 4th 725, ref. n.r.e. requirements for zoning Generally speaking, zoning ordinances, regulations. Id both original and amendatory,are prestuned Home rule city's ordinance requiring per- MILS 4 :. to be valid; consequently,extraordinary bur- ';'„ ��for drilling oil wells within city limits y, • den rests on party atwrking the ordinance to was presumably constitutional- Id - show that no conclusive or even controver- ` sial or issuable facts or conditions exist 7• Zoiung changes f R which would authorize city to exercise is The City Plan Commission is an agency discretion. Tippett v. City of Pharr (Civ. invested by law with duty of hearing applica- w App.1980)600 S.W.2d 951,reversed on other tions for zoning changes and of making rec- 7`�y grounds 616 S.W.2d 173. onunendations thereon to the city council, ` Where city imposed temporary zoningin and an objection filed with the City Plan " newly annexed area but did not comply with Commission is in effect an objection to the A•'t'.; • statutory zoning notice and hearing require- city council, which is the governing body. ment,and for nine years thereafter did not Dilbeck v.Bill Gaynfer,Inc(Civ.App.1963) `1t%i,:j, - initiate proceedings to enact permanent zon- 368 S.W.2d 804,ref.-n.r.e. r Yz: lag Plans for annexed area,temporary zoning Trial court had no authority to restrain g '.""- 1 classification imposed on property annexed home rule city's planning and zoning corn- p was invalid. Haynes v.City of Quanah(Civ. mission from exercising its legislative func- APp•1980)610 S.W.2d 842,ref.n.r.e. Lion of holding public hearings on advisabil- ' Ordinance requiring for ity of drilling oil we witin city tlimittss city not Branch zoning. Hawnco,Inc.(C v.A p 1968)Farmers35 PP• ) ` ,4'�'�'" conflict with state law on the same subject. S.W.2d 288,ref.n.r.e. Art. 1011g. Board of adjustment sic,'aF_ iY (a) Such local legislative body may provide for the appointment of a Board,-,-;-7 Y 'u '` Adjustment, and in the regulations and restrictions adopted pursuant to the P ur authority of this Act may provide that the said Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make 4, t rt' special exceptions to the terms of the ordinance in harmony with its general ,,a purpose and intent and in accordance with general or specific rules therein =� contained. s + dF�`p':, (b) The Board,of Adjustment shall consist of five (5) members,each to be `;'s, ,;,jr: s appointed for a term of two(2)years and removable for cause by the appointing .?';"• `t!aF" authority upon written charges and after public hearing. Vacancies shall be filled ,.; � for the unexpired term of any member whose term becomes vacant. Provided, : however, that the governing body of any city may, by charter provision or ordinance, provide for the appointment of four (4) alternate members of the is Board of Adjustment who shall serve in the absence of one or more regular members when requested to do so by the mayor or city manager,as the case may r' be. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four(4)members. These alternate members,when appoint- ed,shall serve for the same period as the regular members and any vacancies shall be filled in the same manner and shall be subject to removal as the regular members. (c) The Board shall adopt rules in accordance with the provisions of any 4.ordinance adopted pursuant to this Act Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. IA Such chairman,or in his absence the acting chairman,may administer oaths and }' compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings,showing the vote of ; each member upon each question,or,if absent or failing to vete,indicating such ' fact,and shall keep records of its examinations and other official actions,all of try 199 }� ; _ sRs 1 ., + Art. 1011g CITIES, TOWNS AND VILLAGES is-i:' which shall be immediately filed in the office of the Board and shall be a public record. 0-4 (d) Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken • within a reasonable time,as provided by the rules of the Board,by filing with the x` ' _ officer from whom the appeal is taken and with the Board of Adjustment•a notice r; i of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. itt4 (e)An appeal stays all proceedings in furtherance of the action appealed e" . from,unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by ` reason of facts stated in the certificate a stay would, in his opinion, cause > imminent peril to life or property. In such case proceedings shall not be stayed tt°? otherwise than by a restraining order which may be granted by the Board of 14k Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. • Ftr (f) The Board of Adjustment shall fix a reasonable time for the hearing of 0,1;40, the appeal, give public notice thereof, as well as due notice to the parties in r 'x interest,and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.. t (g) The Board of Adjustment shall have the following powers: 1. To hear and decide appeals where it is alleged there is error in any order, requirement,decision,or determination made by an administrative official in the enforcement of this Act or of any ordinance adopted pursuant thereto. '. ,. ``-+ 2. To hear and decide special exceptions to the terms of the ordinance upon ;'..;',4:'r which such Board isrequired to pass under such ordinance. ,,'4 3. To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will ''F result in unnecessary hardship,and so that the spirit of the ordinance shall be observed and substantial justice done. .3- L (h) In exercising the above-mentioned powers such Board may,in conformity with the provisions of this Act,reverse or affirm,wholly or partly,or may modify , the order,requirement,decision or determination appealed from and make suchiff• order,requirement,decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. .x.: (i) The concurring vote of four(4)members of the Board shall be necessary r to reverse any order,requirement,decision or determination of any such adminis- t' trative official,or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance,or to effect any variation in such ,...,,: „• a: ordinance. t & , (j)Any person or persons,jointly or severally,aggrieved by any decision of s r the Board of Adjustment,or any taxpayer,or any officer,department,board or ,,.- bureau of the municipality, may present to a court of record a petition duly ,t ' e+ verified,setting forth that such decision is illegal,in whole or in part,specifying' , 'f . :. the grounds of the illegality. Such petition shall be presented to the court within ,‘, ,' ten(10)days after the filing of the decision in the office of the Board. yF (k) Upon presentation of such petition the court may allow a writ of r,f � certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return -fi K �z thereto must be made and served upon the relator's attorney,which shall not be . _,, less than ten(10)days and may be extended by the court. The allowance of the i.. . writ shall not stay proceedings upon the decision appealed from,but the court`> 200 ,, ,K,. ''''':1 -w .,-a ,,..&par ; -« kt, "'' zt ,� 3 , CITIES, TOWNS AND VILLAGES Art. 1011g Note 2 it may, on application, on notice to the Board and on due cause shown, grant a restraining order. ..1 L' (I) The Board of Adjustment shall not be required to return the original •I papers acted upon by it, but it shall be sufficient to return certified or sworn + f r copies thereof or of such portions thereof as may be called for by such writ. The I7- * return shall concisely set forth such other facts as may be pertinent and material , ... to show the grounds of the decision appealed from and shall be verified. ,,i ,} (m) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter,it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court ,1 .$ • with his findings of fact and conclusions of law,which shall constitute a part of 3-"`' the proceedings upon which the determination of the court shall be made. The v court may reverse or affirm wholly or partly,or may modify the decision brought y up for review. 1 (n) Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence,or in bad faith,or with malice in making ,. the decision appealed from. (o) Repealed by Acts 1981,67th Leg.,p.2646,ch. 707,§ 4(54),eff.Aug.31, • Amended by Acts 1971,62nd Leg.,p.2385,ch.742,§1,eff.June 8,1971. J 1 Law Review Commentaries City of Dallas (Civ.App.I974) 517 S.W.24 Judicial review of administrative orders in 344. Texas. David M.Guinn,23 Baylor LRev. Delegation of authority from home-rule 34(1971). city to its board of adjustment to initially ' Rezoning: Should it be legislative or judi- hear and determine questions relating to eW function? Jerry L Harris, 31 Baylor nonconforming use of property was a valid 1 LRev.409(1979). exercise of city's police power. Id Standing to appeal administrative deci- In suit in which plaintiff sought injunctive sions in Texas. Franklin S.Spears and Jeb relief and writ of mandamus to compel city . C. Sanford, 33 Baylor LRev. 215 (1981). engineer to issue permit to allow repair of a b Substantial evidence review in Texas building damaged by fire,error in refusing to ' Thomas M. Reavley, 23 Southwestern LJ. dismiss part of suit prematurely pled was (Tex.)239(1969). harmless,in that trial court's judgment limit- ed to constitutional issues was valid if sup- . ported by the record. Adcock v.King(Civ. Supplementary Index to Notes App.I975)520 S.W.2d 418. 5 In suit brought by city for mandatory in- Costs 22 Discretion of court,review 215 junction compelling removal or lowering of of board 24 advertising sign erected in violation of city J Findingsnsn boa airport zoning ordinance,trial court did not InjunMeetings 23 have power concurrent with that of board of Remediesgenerallyn155 adjustment to issue variances, despite fact Res ediesindic a ZS that, on appeal from board of adjustment, court could have determined independently whether exception or variance was appropri- ate, and thus could not permit advertising 2. In general sign to remain as a variance to airport zoning Legislature may put such restrictions on ordinance. City of Dallas v.Gaechter(Civ. and provide manner in which municipalities App.I975)524 S.W.2d 400,error dismissed may exercise delegation of zoning authority Where undisputed testimony established 6 as it sees fit. Lawton v. City of Austin that building fronted on highway and that (Civ.App.1966) 404 S.W.2d 648, ref. n.r.e. wall of building which did face eastern street This article which provides that boards of was solid wall without any doors or win- adjustment of home-rule cities shall have au- dows,property was subject to 50-foot setback thority"to hear and decide appeals"grants requirement for highway despite owner's authority and does not prohibit boards of contention that his building "fronted" on F adjustment from hearing matters initially if eastern street. Reiter v.City of Keene(Civ. granted such right by city council. White v. App.1980)601 S.W.2d 547,certiorari denied 201 the effective date of this Ordinance or was a nonconforming use under the provisions of the prior zoning ordinance and has since been in regular and continuous use. 20-101 Any non-conforming use of land or structures may be continued for definite periods of time subject to such regulations as the Board of Adjustment may require for immediate preservation of the adjoining property prior to the ultimate removal of the non-conforming use. The Building Inspector may grant a change of occupancy from one non-conform- ing use to another, providing the use is within the same, or higher or more restricted classification as the original non-conforming use and such change of use and occupancy will not tend to prolong and continue the non-conforming use. In the event a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification, it shall not later be changed to a less restrictive classification of use and the prior less restrictive classification shall be considered to have been abandoned. 20-102 If a structure occupied by a non-conforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this ordinance. In the case of partial destruction of a non-conforming use not exceeding ninety (90) percent of its reason- able value, reconstruction will be permitted but the size or function of the non-conforming use cannot be expanded. 7.0017 SECTION 21: BOARD OF ADJUSTMENT 21-100 Organization: There is hereby created a Board of Adjustment consisting of five (5) members who are qualified citizens and voters and are _NI, members of the Planning Commission or City Council , each to be appointed by resolution of the City Council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Two members heretofore appointed shall serve until or until their successors are appointed and three members, as heretofore appointed, shall serve until or until their successors are appointed, and thereafter each member reappointed or each new appointee shall serve for a full term of two years unless removed as hereinabove provided. Provided, however, that the City Council may appoint two alternate members of the Board of Adjustment who shall serve in the absence of one or more of the regular members when requested to do so by the Mayor. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years, and any vacancy shall be filled in the same manner and they shall be subject to removal the same as the regular members. 21-101 The Board shall adopt rules to govern its proceedings,provided however, that such rules are not inconsistent with this ordinance or any State Statutes. Meetings of the Board shall be held at the call of the 38 Chairman and at such other times as the Board may determine. The Chairman, or in his absence, the.Acting Chairman, may administer oath and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. '21-102 Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department or board-of the--municipality affected by any decision of the adroinistrative officer, by filing with the officer from whom the appeal is taken and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. 21-103 An appeal shall stay all proceedings of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise, than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. 21-104 The Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing any party may appear in person or by attorney or by agent. 21-200 The Board of Adjustment shall hold a public hearing on all appeals made to it and written notice of such public hearing shall be sent to the applicant and all other persons who are owners of real property lying within two hundred (200) feet of the property on which the appeal is made. Such notice shall be given not less than ten (10) days before the date set for hearing to all such owners who have rendered their said property for City taxes as the ownership appears on the last City tax roll. Such notice may be served by depositing the same properly addressed and postage paid in the United States Post Office. 21-300 Jurisdiction: When in the Board of Adjustment's judgment, the public convenience and welfare will be substantially served and the appropri- ate use of the neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards authorize the following special exceptions to the regulations herein established. 1. Permit the reconstruction, extension or enlargement of a building occupied by non-conforming use on the lot or tract occupied by such building provided such reconstruction does not prevent the return of such property to a conforming use. 39 2. Permit such modifications of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification. 3. Require the discontinuance of non-conforming uses under any plan whereby the full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance. It is the declared purpose of this ordinance that non-conforming uses be eliminated and be required to conform to the regulations prescribed in the preceding articles of this ordinance, having due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the desig- nated non-conforming use and the conservation and preservation of property. The Board shall from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any non-conforming use within the City. 21-400 In exercising its powers, the Board may, in conformity with the provi- sions of Articles 1011-A and including 1011-J of the 1925 Civil Statutes of Texas, as amended, revised or reformed, wholly or partly, or may modify the order, requirement, decisions, or determination appealed from and make such order, requirement, decision or determin- ation as ought to be made and shall have all the powers of the officer from whom the appeal is taken including the power to impose reasonable conditions to be complied with by the applicant. 0 21-500 The concurring vote of four (4) members of the Board shall be necessary to revise any order, requirement, decision or .determination of any such administrative official, or to decide in favor of the application on any j matter upon which it is required to pass under this ordinance or to affect any variance in said ordinance. - 21-600 Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment or any taxpayer or any officer, department or board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the Office of the Board and not thereafter. SECTION 22: PROCEDURES FOR CHANGES AND AMENDMENTS 22-100 Any person or corporation or group of persons having a proprietary interest in any property, upon proof of such interest, may petition the governing body for a change or amendment to the provisions of this ordin- ance or the Planning and Zoning Commission may on its own motion, insti- tute proposals for change and amendment in the public interest. All 40 ij December 12,2006 Wylie City Council Regular Meeting Agenda Page 2 of 6 • Presentation to Wylie Fire-Rescue Clowns (Paula Stover, Manager of Wal-Mart Store #5210 and Denise Aparicio, Wal-Mart Representative) CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the November 14, 2006 Regular Council Meeting and the November 28, 2006 Special Called Council Meeting. (C. Ehrlich, City Secretary B. Consider, and act upon, an amendment to the Professional Services Agreement between the City of Wylie and ARCHITEXAS. (M. Manson, City Manager) C. Consider, and act upon, awarding a contract, in the amount of $35,921.00, to Canyon Creek Irrigation for the installation of an irrigation system at Joel Scott Park. (M. Sferra, Public Services Director) D. Consider, and act upon, awarding a contract, in the amount of$21,211.95, to Classic Gardens for the installation of trees at Joel Scott Park and the Community Center Parking Lot. (M. Sferra, Public Services Director) E. Consider, and act upon, approval of a Custodial Contract between the City of Wylie and Envision for housekeeping services. (M. Sferra, Public Services Director) F. Consider, and act upon, Ordinance No. 2006-71 establishing a School Zone on Hooper Road in front of Raymond Cooper Jr. High School. (J. Butters, Assistant City Manager) G. Consider, and act upon, authorizing the Mayor to execute a Warranty Deed for the right of way for Lakefield Drive from Chasepark Drive to FM 1378. (C. Holsted, City Engineer) H. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2006. (S. Satterwhite, WEDC Executive Director) I. Consider, and act upon, approval of a Preliminary Plat for TXU Lavon Switching Station creating four 4 tracts totaling 71.26 acres, generally located south of S.H. 78 and west of Eubanks Road. (R. 011ie, Planning Director) December 12,2006 Wylie City Council Regular Meeting Agenda Page 3 of 6 RECESS CITY COUNCIL CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION 1. Consider, and act upon, approval of the Minutes of the January 17, 2005 Special Called Meeting and the September 12, 2006 Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary). 2. Consider, and act upon, the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Officers and to appoint a Chair and Vice Chairman from its board members for a term beginning January 1, 2007 and ending December 31,2008. (C. Ehrlich, City Secretary). ADJOURN RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-72 amending the zoning from Agricultural (AG) District to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. Zoning Case 2006-15. (R. 011ie, Planning and Zoning Director). Executive Summary The subject property is located on the northeast corner of Lynda Lane(CR 389)and Forrest Ross Road. The applicant is requesting to rezone the subject property to allow for townhouse development. The proposal will include approximately 41 townhouse units on 5 acres. The property is an odd triangular shape tract that is bordered by Industrial District and a twenty-foot high berm to the west and a single lane road, which is proposed to be realigned in the subject development. A THREE-FOURTHS MAJORITY VOTE BY COUNCIL IS REQUIRED TO APPROVE THE REQUEST(6 OF 7). 2. Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-73 regarding an amendment to Article 2, Section 2.2.B of the Zoning Ordinance that requires complete annexation prior to a zoning application being accepted. (R. 011ie, Planning and Zoning Director). Executive Summary The ordinance being presented will restrict accepting a zoning application prior to property being annexed into the city limits of Wylie. The current ordinance in place does not clearly prohibit zoning running concurrent with annexation. December 12,2006 Wylie City Council Regular Meeting Agenda Page 6 of 6 11. Consider, and act upon, issues surrounding a request from the Wylie Economic Development Corporation to the City of Wylie, in the amount of$10,000.00, to assist in funding a Strategic Plan and Target Market Study. (S. Satterwhite, WEDC Executive Director) Executive Summary The WEDC Board believed it was important to go beyond the industrial development responsibilities of the WEDC and develop a community wide strategy to address retail development. Within the FY 2006 — 2007 Budget, the WEDC Board committed $65,000 to strategic planning purposes. While the WEDC has obligated itself to the contracted amount of $75,000,the WEDC Board of Directors respectfully requests financial assistance from the City of Wylie in the amount of$10,000.00. Tabled Item from November 14, 2006 12. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, appointment of a new member to the Planning and Zoning Commission for the unexpired term of November 2006 to July 2007. (R. 011ie, Planning and Zoning Director) Executive Summary This item was tabled from the November 14, 2006 Council meeting to provide Council ample time to consider the appointment of a new member to this board. The City Secretary's Office has contacted all board applicants from May 2006 that indicated a desire to serve on the Planning and Zoning Commission. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certt that this Notice of Meeting was posted on this 8`h day of December, 2006 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: w wu' /€'w i,c goy. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, November 14, 2006 —6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Councilman Earl Newsom, Councilman Merrill Young, Councilman Rick White and Councilman Eric Hogue, and Councilman Red Byboth. Mayor Pro Tern Carter Porter was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Library Director, Rachael Orozco; Public Information Officer, Mark Witter, City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Deacon Walter Gove representing the St. Anthony's Catholic Church gave the Invocation and representatives of Boy Scout Troop #302 led the Pledge of Allegiance. PRESENTATION • Presentation of the"Star Tree" for the Reach for a Star Program. (Mayor Mondy) 2006 Reach for a Star committee member; Kevin England addressed Council asking each councilmember to kick off the 2006 Reach for a Star adoption program by choosing a star from the tree. Council members picked stars (children) to purchase gifts for the Christmas Season. Mr. England announced that trees with stars for adoption would be placed at the Municipal Complex and local banks in Wylie and encouraged citizens to go by and adopt a child for this Christmas Season. • Recognition of 2"d Six Weeks Star Students — Character Trait of"Respect". (Mayor Mondy) Mayor Mondy and Councilman Young presented certificates to Star Students demonstrating the character trait of "Respect". The Star Student program is in conjunction with the Wylie Independent School District. Minutes—November 14, 2006 Wylie City Council Page 1 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present to address Council during Citizens Comments. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the October 24, 2006 Regular Council Meeting and the November 2, 2006 Special Called Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2006-27(R), authorizing the Mayor to enter into an Interlocal Agreement with Collin County for the Founders Park Land Acquisition Project. (M. Sferra, Public Services Director) C. Consider, and act upon, a request to allow the partial construction of the required screen wall for Wylie Retail Office Park, generally located on the southwest corner of S.H. 78 and Kreymer Lane. (R. 011ie, Planning Director) D. Consider, and act upon, approval of a Preliminary Plat for Victoria Place Addition. Subject project being generally located at the northeast corner of S.H. 78 and Spring Creek Parkway. (R. 011ie, Planning Director) Council Action A motion was made by Councilman Young, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Mayor Pro Tern Porter absent. REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-65 amending the zoning from Agriculture (A) to Single Family — 1A/30 (SF-1A/30) for proposed single family residential uses, generally located south of Alanis drive and west of Ballard Avenue. Zoning Case 2006-14 (R. 011ie, Planning and Zoning Director). Staff Comments Planning Director 011ie addressed Council stating that the subject property is located south of Alanis Drive and west of Ballard Avenue. The applicant is requesting to rezone 1.746 acres to allow for single family residential uses. The subject property has been within the corporate city limits of Wylie since 1988 and Minutes—November 14, 2006 Wylie City Council Page 2 was final platted in April 2006. The plat created two single-family residential lots each being 38,028 square feet (0.873 acres) in size. At the time of platting, no plans for development were submitted. The applicant now desires to construct a residential dwelling on one lot. Because the property was in a holding zone of Agricultural, it must now convert to permanent zoning prior to construction and prior to the issuance of building permits. She explained that the approved plat has a lot width of 106.78 feet and lot depth of 353.62 feet. The SF-1A/30 requires a lot width of 150 feet and lot depth of 200 feet. Although the lot width is less than required, staff feels that the proposed request meets the intent of the ordinance for larger lots. The proposed dwelling size is a single story dwelling unit totaling 3,131 square feet inclusive of attached garage, porch and a detached garage. Total air conditioned space is 2,164 square feet. The minimum dwelling size required by the SF-1 A/30 District is 3,000 square feet, exclusive of garages. Ms. 011ie reported that the property to the east is .949 acres in size with a total living space of 3,539 square feet. The property to the west is 2.876 acres in size with a two story dwelling unit totaling 1,500 square feet of living space and several accessory buildings on the property. A single family dwelling unit with a total livable space of 1,588 square feet occupies .717 acres southeast of the subject property and fronts Ballard Avenue. The Comprehensive Plan recommends low density residential for the subject property.The Planning and Zoning Commission approved the request 5-0. Public Hearing Mayor Mondv opened the public hearing at 6:10 p.m. asking anyone present wishing to address Council to come forward and limit their remarks to three minutes. No one was present to address Council Mayor Mondv closed the public hearing at 6:10 p.m. Council Discussion Mayor Mondy asked if the applicant was present to address Council regarding the zoning case. The applicant was not present. Councilman Newsom asked if the item could be tabled to allow for the applicant to present his case. Mayor Mondy asked Ms. 011ie if the applicant had been notified as to the date and time of this public hearing and subsequent action. Ms. 011ie replied that he had. Councilman Byboth had some concern with the proposed square footage of the house. Councilman Hogue concurred that he believed the residence should be around 3,000 sq. ft. Council Action A motion was made by Councilman Byboth, seconded by Councilman Hogue to deny Ordinance No. 2006-66 (Zoning Case 2006-14). A vote was taken and passed 6-0 with Mayor Pro Tern Porter absent. 2. Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-66 amending the zoning from Agricultural (A) to Planned Development (PD) District, two tracts generally located north of Alanis and west of S. Ballard Avenue and one tract generally located south of Alanis and west of South Ballard Avenue. Zoning Case 2006-13. (R. 011ie, Planning and Zoning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject property consisted of three tracts, two being north of Alanis and west of S. Ballard Avenue and one tract located south of Alanis and west of South Ballard Avenue. The applicant is requesting a change in zoning from Agriculture (AG) District to Planned Development(PD) District to allow for varied density residential development. Tract 1 is 28.333 acres in size and will gain access into the subdivision from S. Ballard. Tract 1 will consist of 17 lots developed as SF-20 type, and 61 lots developed as SF-10. Tract 2 is 20.34 acres in Minutes—November 14, 2006 Wylie City Council Page 3 size and will gain direct access from Alanis Drive to the south and tie into Windcrest Drive within the existing Westwind Meadows Subdivision to the north. Tract 2 will consist of 67 lots developed as SF-8.0 type and a maximum of 53 lots developed as SF-9.0 for both Tracts 2 & 3 combined. Tract 3 is 38.67 total acres. The applicant is presenting two options. Option "A", to be developed as all single family dwelling. Option "B" will consist of 30.87 acres developed as single family and 7.8 acres developed as commercial development. Option "A" would allow for 93 lots developed as SF-8.0 type, with Option "B" allowing 66 SF-8.0 type lots. The Conditions of the PD proposes to accommodate a variety of single family residential land uses and densities. Lot sizes shall range from a minimum of 7,650 square feet to 20,000 square feet. Dwelling sizes shall range from a minimum dwelling size of 2,000 square feet to a maximum of 2,800 square feet. Total lots not to exceed 290 units without commercial development, and 264 maximum units with commercial development. The PD Conditions outline a minimum dwelling size adjustment where the dwelling size allowed is subject to the interest rate based upon the Fannie Mae Posted Yields on 30 year Mortgage Commitments. If approved, the minimum dwelling size could be 1,850 square feet on twenty- five percent(25%)of the lots if the interest rate is 7.5% or greater. Option "B" would accommodate office, retail and commercial service-related uses for the neighborhood residents. The commercial tract shall not exceed eight (8) acres in size. However, if the tract is not developed as commercial, it may be developed as a residential area in accordance with the SF-9.0 and SF-8.0 as outlined in the PD Conditions Section 2.0. Ms 011ie reported that the Parks and Recreation Board voted 6-0 to deny the Parkland dedication request for the subject property. The Board asked the developer to resubmit a proposal that outlined all expenses for the road and any other improvements that could be done that would total the amount of fees required as part of the dedication. The Planning Commission voted 5-1 to recommend denial with prejudice to the City Council. Section 8.6.E.3 allows the Commission and/or Council to deny any request with prejudice. Councilman Young asked Ms. 011ie what exactly "denying with prejudice" meant. She explained that if a request is denied with prejudice, the same or substantially similar request may not be resubmitted to the City for one year from the original date of denial. She stated that if the Council also denied this zoning case with prejudice, unless the PD was re-applied for with substantial changes, it would not be accepted for consideration; however the Council could also deny without prejudice which would allow the proposal to come back to Council within the twelve month period. Applicant Comments Mr. Don Herzog (applicant) residing at 9696 Skillman Street, Sta. 210, Dallas, Texas addressed Council stating various statistics regarding the Kiplinger Report showing possible retiring homebuyers purchasing one storey homes with less square footage and smaller lots with more amenities and less yard to maintain. He suggested that this proposed PD could accommodate those homebuyers. Mayor Mondy asked Mr. Herzog if he was suggesting deed restriction of 55 years or older for the proposed PD. Mr. Herzog stated that he could not commit the entire PD with that type of deed restriction. Mr. Herzog also mentioned other developments in the adjacency that were comparable to the lot and home size as the PD requested tonight. Public Hearing Mayor Mondy opened the public hearing at 6:46 p.m. asking anyone present wishing to address Council to come forward and limit their remarks to three minutes. No one was present to address Council Mayor Mondv closed the public hearing at 6:46 p.m. Minutes—November 14, 2006 Wylie City Council Page 4 Council Discussion Several Council members had concerns about the lot sizes and proposed home square footage in the PD. Mayor Mondy asked Mr. Herzog if he wished to move forward with action on this item requiring a 6-0 vote for approval. Mr. Herzog requested that the item be denied without prejudice to allow time to review the PD and bring it back to the Planning and Zoning Commission with changes. Mayor Mondy asked for direction from Council, for Mr. Herzog regarding the concerns within the current proposal. Those recommendations were: f10,000 square foot lots and minimum homes size closer to 3,000 sq. ft. Strong consideration should also be given to Option "B" to include retail services based on the larger square footage recommendations and consideration of the park land dedication requirements. Council Action A motion was made by Councilman Byboth, seconded by Councilman Newsom to deny Ordinance No. 2006-66 (Zoning Case #2006-13) without prejudice. A vote was taken and passed 6-0. General Business Tabled Item from October 10, 2006 Council Action A motion was made by Councilman White to remove Item #3 (Resolution No. 2006-26(R) - realignment of Parker Road)from the table and consider. Consensus of Council was to remove from the table and consider. 3. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, approval of Resolution No. 2006-26(R) supporting an alignment for Parker Rd. (FM 2514) at the intersection of FM 1378. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on September 14, 2006, a public meeting was held to discuss alignment alternatives for FM 2514 at the intersection with FM 1378. The Collin County engineering consultant — Birkhoff, Hendricks, and Conway — presented five alignment alternatives as shown on the attached display. The City of Wylie Thoroughfare Plan currently reflects alignment option 2. After the alignment is finalized, right of way documents will be prepared for the project. No construction funds are currently available to construct the realignment. Citizen Comments Mr. Gary DeFrain, property developer in the area noted in Option #4, addressed Council stating that he was continuing the Creekside Estates development into a portion of the area noted in Option #4 and had spent around six figures on various studies required for the development. He stated that he was not in favor of Option #4 as it would run through the proposed development and cause additional expense in reworking the development. He requested Council to look at other options in lieu of Option#4. Council Discussion After some discussion regarding the five alternatives, Mayor Mondy stated that he was in favor of Options #3 and #4 with a fallback option of#2. He requested staff to contact the City of St. Paul to see if there could be a mutual agreement regarding the recommended Option for both cities to adopt. Council also Minutes—November 14, 2006 Wylie City Council Page 5 requested that City Engineer Hoisted gather as much information as possible regarding the costs associated with the various options and other pertinent information to bring back to Council. Council Action A motion was made by Councilman Hogue, seconded by Councilman Newsom to table consideration of Resolution No. 2006-26(R) to the December 12, 2006 Council meeting at which time staff would present Council with an update regarding the options. A vote was taken and passed 6-0 with Mayor Pro Tern Porter absent. Tabled Item from October 10, 2006 Council Action A motion was made by Councilman Hogue to remove Item #4 (Bank Depository Bid) from the table and consider. Consensus of Council was to remove from the table and consider. 4. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, awarding the City's Bank Depository Contract for FY 2006-2010. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the finance department solicited bids for the City's depository services through an RFP process. The solicitation included basis banking services, merchant banking services, lockbox services, and on-line banking services. The contract is for four years. Four banks responded: American National Bank, Inwood National Bank, Capital One Bank, and JP Morgan/Chase Bank. He reported that at the October 10, 2006 meeting, Council requested that First Southwest review the bid analysis provided by the Finance Department and make a recommendation to Council. He explained that First Southwest was in the process of reviewing the document but would not complete the report and subsequent recommendation until later this month. Mr.Williamson recommended re-tabling the item to the December 12, 2006 Council meeting. Council Action A motion was made by Councilman Newsom, seconded by Councilman Byboth to table consideration of Item #4 (Bank Depository Contract for FY 2006-2010) to the December 12, 2006 Council meeting. A vote was taken and passed 6-0 with Mayor Pro Tern Porter absent. 5. Consider, and act upon, Ordinance No. 2006-64 amending Ordinance No. 2006-56 (2006-2007 Budget) and approving an appropriation of funds, in the amount of $132,462.72, for the purchase of radio interoperability equipment. (N. Flores, Interim Fire Chief) Staff Comments Fire Marshall Steve Seddig addressed Council stating that the City of Wylie has been approved and will receive revenue from the 2005 UASI grant for radio interoperability upgrades in the amount of $132,462.72. This amendment would authorize the purchase of equipment to enhance radio interoperability communications upgrades to bring Wylie's current public safety, voice communications equipment into compliance with State of Texas and regional interoperability. He explained that this same expenditure cost was submitted in the budget amendment Ordinance No. 2006-29 (2005-2006 budget). The City of Wylie was unable to purchase equipment due to the delay of approval from Department of Emergency Management DEM. DEM and North Central Texas Council of Government NCTCOG have approved the radio interoperable project. Minutes—November 14, 2006 Wylie City Council Page 6 Council Action A motion was made by Councilman Newsom, seconded by Councilman White to approve Ordinance No. 2006-64 amending Ordinance No. 2006-56 (2006-2007 Budget) and approving an appropriation of funds, in the amount of $132,462.72, for the purchase of radio interoperability equipment. A vote was taken and passed 6-0 with Mayor Pro Tern Porter absent. 6. Consider, and act upon, approval of a Professional Services Agreement, in the amount of $217,500.00, with Kimley-Horn for the design of the Hooper Road/Maxwell Creek Bridge. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on September 26, 2006 Council approved an inter- local agreement with Collin County for the design and construction of the bridge on Hooper Road over Maxwell Creek. Collin County approved the agreement on their October 24, 2006 meeting. The 2003 Collin County Bond Program included $1,138,500 for the project, which will ultimately provide another north/south connection between FM 544 and SH 78. Collin County is funding $569,250 of the project cost and the Cities of Wylie and Sachse are committed to fund $284,625 each. This project was included in the Thoroughfare Capital Improvements Plan and impact fee funds may be used for this project. The construction of the bridge will be incorporated into the development of the Woodbridge property. Council Action A motion was made by Councilman Young, seconded by Councilman Hogue to approve a Professional Services Agreement between the City of Wylie and Kimley-Horn for the design of the Hooper Road/Maxwell Creek Bridge in the amount of $217,500.00. A vote was taken and passed 6-0 with Mayor Pro Tem Porter absent. Councilman Bvboth requested that Item #11 be considered prior to Items 7 through 10 due to a previous commitment. 11. Consider, and act upon, acceptance of the resignation of Joel Hemphill and the appointment of a new member to the Planning and Zoning Commission for the unexpired term of November 2006 to July 2007. (R. 011ie, Planning and Zoning Director) Staff Comments Councilman Byboth reported that several applicants had agreed to serve the unexpired term of Mr. Hemphill if appointed however in the absence of Mayor Pro Tern Porter and because he was the 2006 Boards & Commission Interview Panel Chair, Mr. Byboth recommended that Council accept the resignation of Mr. Hemphill and table the appointment of his replacement to the December 12, 2006 meeting where Mayor Pro Tern Porter could make a recommendation. Council Action A motion was made by Councilman Byboth, seconded by Councilman Newsom to accept the resignation of Joel Hemphill and table consideration of an appointment to the Planning and Zoning Commission for the unexpired term to replace Joe Hemphill to the December 12, 2006 Council meeting. A vote was taken and passed 6-0 with Mayor Pro Tem Porter absent. Minutes—November 14, 2006 Wylie City Council Page 7 Councilman Bvboth left the meeting. 7. Consider, and act upon, Ordinance No. 2006-67 setting the prima facie speed limits for FM 544. (C. Holsted, City Engineer) Executive Summary City Engineer Hoisted addressed Council stating that the Texas Department of Transportation (TxDOT) recently completed a speed zone study for FM 544 in the City of Wylie. The study recommends the posted speed be as follows: Current Proposed McCreary Road to Sanden 45 50 Sanden to SH 78 45 45 He reported that if approved, the Ordinance will be forwarded to TxDOT and will authorize them to install the appropriate speed limit signs. Council Discussion Councilman Young stated that he had concerns regarding the speed limit being increased at McCreary Road to Sanden. He stated that there was a school located in this area. Mr. Hoisted explained that the school would post appropriate school zone signs to slow traffic down in that area; at the appropriate times of the day. Mayor Mondy asked Mr. Hoisted what would happen if the Council did not approve the recommended speed limits. Mr. Hoisted explained that if the speed recommendations were approved by Ordinance and TxDOT was notified; TxDOT would place the new speed signs on the roads soon after the notification, however if TxDOT did not receive approval by the City, within 90 days, TxDOT would determine the speed and post the appropriate speed signs. He stated that more than likely, those speed limits would be the speeds recommended by TxDOT in their traffic study. NO ACTION WAS TAKEN ON THIS ITEM DUE TO LACK OF A MOTION BY THE CITY COUNCIL. 8. Consider, and act upon, Ordinance No. 2006-68 setting the prima facie speed limits for FM 2514. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the Texas Department of Transportation (TxDOT) recently completed a speed zone study for FM 2514 in the City of Wylie. The approved Ordinance will be forwarded to TxDOT and will authorize them to install the appropriate speed limit signs. Current Proposed City Limits to south of the RR tracks 50* 50 South of the RR tracks to Brown St. 40 40 *Currently the 50 mph speed zone ends on the north side of the tracks. Council Discussion Mayor Mondy asked Mr. Holsted if the general rules addressed in Item #7 were consistent with all TxDOT speed limit recommendations. Mr. Hoisted replied that if Council did not approve Ordinance No. 2006-68, and notify TxDOT, after 90 days, TxDOT would post the speed limits at the recommended speeds. NO ACTION WAS TAKEN ON THIS ITEM DUE TO LACK OF A MOTION BY THE CITY COUNCIL. Minutes—November 14, 2006 Wylie City Council Page 8 9. Consider, and act upon, Ordinance No. 2006-69 setting the prima facie speed limits for FM 3412. (C. Holsted, City Engineer) Staff Comments Mr.Hoisted addressed Council stating that the recommended speed limits by Texas Department of Transportation (TxDOT)recently completed by a speed zone study for FM 3412 in the City of Wylie,recommends the posted speed be as follows: Current Proposed FM 1378 to 1,450' west of Westgate Way 55 50 1,450'west of Westgate to Westgate 45 45 Westgate to east of Jackson 30 35 East of Jackson to SH 78 30 30 He explained that if approved by Ordinance the City will forward the Ordinance to TxDOT and will authorize them to install the appropriate speed limit signs. If Council does not approve Ordinance No. 2006-69, after 90 days, the speed limits will be determined by TxDOT and signs will be posted. NO ACTION WAS TAKEN ON THIS ITEM DUE TO LACK OF A MOTION BY THE CITY COUNCIL. 10. Consider, and act upon, Ordinance No. 2006-70 amending Ordinance No. 98-16 (Fee Schedule) and amending Ordinance No. 2002-10 (Park Use Fees Ordinance), Section 42.01 (Athletic Field Reservation Fee); Section 42.03 (Athletic Field Light Fee); deleting Section 42.04 (Athletic Field Marking/Chalk Fee) and amending Section 42.06 (Receipt of payment and late payment regarding all usage fees). (R. Diaz, Assistant Superintendent, Parks and Recreation) Staff Comments Assistant Parks Superintendent Robert Diaz addressed Council stating that at the joint meeting between the City Council and the Parks and Recreation Board held in January 2006, direction was given from the City Council to the Board to review the athletic light fee and athletic user fees. The following suggestions were given at the joint meeting for the Board to explore: Athletic Light fees: ➢ Propose a Light fee that recovers 50% of the actual cost for light usage. Athletic User fees: ➢ Propose a Resident user fee and a Non-resident user fee. ➢ Propose an adult user fee and child user fee. ➢ Propose a user fee based on the time of use i.e., use before and after 10:00 p.m. Mr. Diaz discussed with Council the changes that they requested from the September meeting. Council Discussion Councilman Young asked if staff had looked at different electric providers. Mr. Diaz commented that looking at electric rates by various providers was not recommended at the September meeting and therefore was not reviewed. City Manager Manson explained that new electric providers were not being reviewed, at this time. Mr. Diaz also explained that the new rates could be phased in, if desired by Council. Mayor Mondy commented that it does cost quite a bit of money to put water on the fields. Minutes—November 14, 2006 Wylie City Council Page 9 Council Action A motion was made by Councilman White, seconded by Councilman Newsom to approve Ordinance No. 2006-70 amending Ordinance No. 98-16 (Fee Schedule) and amending Ordinance No. 2002-10 (Park Use Fees Ordinance), Section 42.01 (Athletic Field Reservations Fee); Section 42.03 (Athletic Field Light Fee); deleting Section 42.04 (Athletic Field Marking Chalk Fee) and amending Section 42.06 (Receipt of payment and late payment regarding all usage fees). A vote was taken and passed 5-0 with Mayor Pro Tern Porter and Councilman Byboth absent. After the vote, Mr. Diaz asked Council when the new fees would take effect. Mayor Mondy commented that the fees could be initiated with the next sport season in the spring of 2007. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No's. 2006-64 and 2006-70 into the official records. ADJOURNMENT With no further business before Council, Councilman Hogue made a motion to adjourn at 7:55 p.m. Councilman Newsom made the second. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Minutes—November 14, 2006 Wylie City Council Page 10 Wylie City Council CITY OF WYLIE Minutes Special Called Meeting Wylie City Council Tuesday, November 28, 2006 —6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Carter Porter, Councilman Merrill Young, Councilman Rick White and Councilman M. G. "Red" Byboth. Councilman Earl Newsom and Councilman Eric Hogue were absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; City Engineer, Chris Hoisted; Interim Fire Chief, Noe Flores; Library Director, Rachael Orozco; Assistant Parks Superintendent Robert Diaz, Public Information Officer, Mark Witter, and Acting City Secretary, Gayle Walton. INVOCATION & PLEDGE OF ALLEGIANCE Councilman M. G. "Red" Byboth gave the Invocation and Councilman White led the Pledge of Allegiance. WORK SESSION • Presentation and discussion regarding the items listed below for the construction of the new Library, City Hall and Recreation Center: (ARCHITEXAS, Architect/Thomas. S. Byrne, Ltd. Construction Manager) • Shared Program Spaces and Parking Spaces • Review Traffic Requirements—Schedule for New FM 1378 • Review Site Alternatives—4 Site Schemes • Review CM's Cost Analysis for Site Developments • Review CM's Evaluations of Current Market Conditions and Escalation Rates—Project Cost Data Comparison • Review CM's Cost Analysis for All Three Project Developments • Review CM's Analysis for Project Schedules and Phasing • Review CM's Drawdown Plans Minutes—November 28, 2006 Wylie City Council Page 1 Directives to Proceed: Select Preferred Building Site Confirm Shared Program Spaces and Parking Spaces Confirm Total Building Square Footages(finish-out and shell space) Approve Construction Costs and Total Project Costs for All Three Project Developments Approve Preferred Project Schedule and Drawdown Plan Review Potential Date for Next City Council Meeting Mr. Craig Melde representing ARCHITEXAS and the Principal in Charge of the projects introduced the team from ARCHITEXAS, Holzman Moss and Byrne Construction that would be working on the new Library, City Hall and Recreation Center projects. Introduced were: Douglas Moss and Ching-Wen Lin, Project Manager of Holzman Moss; David Chase, Project Manager of ARCHITEXAS; Martin Lehman, Project Manager and Patrick White, Project Cost Estimator of Thomas S. Byrne. Mr. Melde stated that several items were to be discussed: (1) Shared Spaces, (2) Selection of preferred building site, (3) Confirming square footage of building, (4) Approval of construction cost approval, (5) Approval of preferred project schedule and drawdown plan approval, and (6) Approval to proceed with all of the designs. Mr. Moss addressed Council stating their goal is to show how to achieve the target budget on the original bond package, but noted that things will have to be changed to meet that budget and to build the three buildings on the budget that we have. The cost per square foot and the number of square feet that we can actually build will be shown along with their impact. Mr. Melde presented spread sheets to Council which proposed and reviewed the following: • Program numbers/program need for each building and the proposed square footage for City Hall, Library and Recreation Center. • Simplification of the professional offices by reducing the offices from eight standardized sizes to five standardized sizes. • Work stations reduced to two workable size work station areas—6x6 and 6x8. • Storage areas and meeting rooms reduced in footage but still functional. • Reduction of square footage for the City Hall, Library and Recreation Center. The proposed square footage for City Hall was 47,389 reduced to 43,551. The proposed square footage for the Library was 48,910 reduced to 47,460 square feet. The proposed square footage for the Recreation Center was not reduced very much, due to its specialized areas. It was noted that the number of departments have not changed. Discussion followed regarding shared spaces of meeting/conference rooms within the Recreation Center and the Library. The Council Chambers was also discussed as being multi-functional. Councilman Hogue arrived at 7:20 p.m. Site plans were also discussed with Council. Based on earlier conversations with Council, four (4) options were presented to Council for consideration. The site schemes were considered with their correlation of existing landscape. Site schemes were identified as Site Scheme A-1 which consisted of clustering the three new facilities together halfway up the proposed new FM 1378. Site Scheme A-2 grouped all three new facilities together near the edge of the proposed new FM 1378 but tucked in the corner where there is a lot of existing trees. Site Scheme A-3 is located on the west side of FM 1378 which groups the City Hall and Library together facing existing landscape and the Recreation Center closer to Brown Street and to connect closely to the recreation fields; if they are built in the future. Site Scheme A-4 puts all three buildings at Minutes—November 28, 2006 Wylie City Council Page 2 the very northern end of the property; almost on access with Brown Street and on the highest point of the property. Discussion followed regarding the new FM 1378 development in relation to the location of the new facility sites, in particular to Site Scheme A-2. Mr. Moss noted that this site scheme has a lot of viewpoint benefits. It was also noted that when the proposed FM 1378 is completed, there will be easy access to all three facilities, and major entry and exit into parking. In terms of view, the existing FM 1378, when it is realigned, will be an 'a'ilay (allay) of trees that have been formed because of the roadway. It was noted that until the new City Hall is built, the library will be the first building seen as you drive along FM 1378. The view of all three new facilities will be seen southbound on FM 1378. Mayor Mondy asked Chris Hoisted, City Engineer about the completion of FM 1378. Mr. Hoisted stated that TxDot anticipates starting on FM 1378 in August 2007 with construction to start in October 2007. It was noted that as the trail system begins to develop, it can potentially tie into the Recreation Center very easily from different places. Councilman Young asked if the old FM 1378 could be used as the primary or secondary entrance. Mr. Moss explained that he was unsure if there would be an advantage to the use of the road or if it could be used as a city road. Site Scheme A-3, noted the location of the new facilities on this site. It was noted that this site would be more costly. He explained that the construction and accessibility of the proposed new FM 1378 is to be considered in regards to the location of the new facilities. However, we can not wait to construct the new facilities. Mr. Moss reminded Council that every month of delay constitutes a cost of $60,000.00 per month. He explained that all three facilities can be started with site scheme A-2, A-3, and A-4. He also explainelld that the construction of the Library is anticipated to start in December 2008. Site Scheme A-4 was discussed. This scheme would be built on the west side of the property. The site scheme creates a new entry at the corner of FM 1378 and Brown. It extends to the edge of the current property line and is at the highest peak of the property; the new facilities would not be nestled among trees as the other site schemes except for a portion of the new City Hall. Councilman Byboth asked if Brown Street will be extended. City Manager Manson stated that it was not planned for extension. Discussion followed regarding the difference of the four site schemes as far as site work costs, etc. Patrick White of Thomas Byrne stated that Site Scheme A-3 would be a little more costly in this regard due to the site work cost involved. Councilman Young stated that Site Scheme A-1 and A-3 seemed more costly and suggested that Council not consider these site schemes. Mr. Moss noted their recommendation from an architectural point of view, were based on the following: cost considerations, unknowns about the development and the schedule of FM 1378, not wanting to build a temporary road, and making sure that the City is going to having something that is going to represent this community in a very position, extraordinary way. Site Scheme A-2 is the one that is recommended by the firms. Mr. Moss presented charts to Council related to modification of square footage, cost adjustment issues which is anticipated to result in reduction of construction costs. Discussion followed. Mr. Patrick White regarding construction cost of the Library. He explained that this was reduced an estimated 12 percent. It was noted that instead of a two story Library, the Library will be a one story building. Mayor Mondy suggested going forward with the construction of the Library and schedule a town hall meeting in January, February, and March of 2007. Construction costs of similar facilities at other cities were presented to Council as a cost comparison. Mr. Moss further explained cost charts in regards to alternatives for the new facilities. Mayor Mondy asked the floor for any Minutes—November 28, 2006 Wylie City Council Page 3 questions that the Council or the Architects could answer. Questions were addressed regarding the location of the new facilities, square footage and costs. It was noted that construction was to be in two different time periods. Construction start of the new facilities were initially set as the Library starting January 2008 and ending January 2009; City Hall starting February 2009 and finishing April 2010; Recreation Center starting April 2009 and finishing at June 2010. Larry Williamson, Finance Director provided a debt analysis chart to Council and explained its impact. Mr. Williamson discussed design costs and program costs of each facility. Mayor Mondy convened into open/regular session at 7:42 p.m. REGULAR AGENDA 1. Consider, and act upon, approval of building sites within the Wells Property for the new Library,City Hall and Recreation Center. (M. Manson, City Manager) Council Action A motion was made by Mayor Pro Tern Porter, seconded by Councilman Byboth to accept site scheme A-2 as the building site of the new Library, City Hall, and Recreation Center. A vote was taken and passed 6-0 with Councilman Newsom absent. 2. Consider, and act upon, direction to staff and consultants regarding project costs and scheduling. (M. Manson, City Manager) Council Action Consensus of Council was to have ARCHITEXAS complete design schematics for City Hall, Library, and the Recreation Center. Council also asked that funding options for early construction of the new facilities be prepared for their review. ADJOURNMENT Council Action With no further business before Council, consensus of Council was to adjourn. Council adjourned at 8:05 p.m. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—November 28,2006 Wylie City Council Page 4 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 12, 2006 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: December 7, 2006 Budgeted Amount: $ 1,145,000 Exhibits: 1 Subject Consider, and act upon, an amendment to the Professional Services Agreement between the City of Wylie and ARCHITEXAS for the schematic design of the City Hall and Recreation Center. Recommendation Motion to approve an Amendment to the Professional Services Agreement between the City of Wylie and ARCHITEXAS for the schematic design of the City Hall and Recreation Center. Discussion During the November 28 worksession, Council directed ARCHITEXAS to move forward with the schematic design of the Library, City Hall and Recreation Center. The scope of the existing Agreement includes the schematic design for the Library only, as such, the proposed amendment to the Agreement is needed to move forward. As amended, the Agreement will include the schematic design of an approximately 30,000 square foot City Hall with a phased expansion to approximately 43,500 square feet; and the schematic design of an approximately 35,400 square foot Recreation Center with a phased expansion to approximately 45,600 square feet. This amendment does not include the construction documents for the two projects. The existing Agreement allotted $120,000 for the schematic design for the Library. The proposed amendment adds a fixed fee of$313,415 for the schematic design of the two additional facilities. Within the first bond issuance of$35 million $1,145,000 was allocated for the design phase on the City Hall and Recreation Center facilities. Approved By Initial Date Department Director M City Manager tl \ 62 d 6 Page 1 of 1 2147484241 Line 1 ARCHITEXAS 09:53:48 a m. 12-07-2006 2/3 IR 1.: A • IA Document G606 - 2000 Amendment to the Professional Services Agreement Amendment Number.002 TO:Ms.Mindy Manson (Owner's Representative) In accordance with the Agreement dated:December 04,2006 BETWEEN the Owner: City of Wylie 2000 Highway 78 North Wylie,Texas and the Architect: ARCHITEXAS-Architecture,Planning and Historic Preservation,Inc. 1907 Marilla St. Dallas,Texas 75201 for the Project: (Name and address) Wylie City Hall-New City Hall and Recreation Center To be located on city owned property in Wylie,Texas known as the Well's property on SH 1378 south of Brown Street. Authorization is requested ®to proceed with Additional Services or a Change in Services. ®to incur Additional Reimbursable Expenses. As Follows: Schematic Design Services for a new city all and recreation center as described in Article 2.4.2.1 Design Services in AIA Document B 141-1997,Part 2. Schematic design of the city hall will include a design of approximately 30,000 square feet with an expansion phase to increase to a complete design of 43,518 square feet. The recreation center will be designed to an approximate 34,500 square feet and a complete 45,579 square feet. Design Development, Construction Document and Construction Procurement Services and Contract Administration Services will be an additional amendment to the contract after schematic design services are completed. The services will be coordinated with Thos.S.Byrne,the project construction manager,for the purpose of preparing a construction cost estimate for the approved design. The schematic design for the city hall will be based on a construction cost of $11,237,083.00 and a construction cost of$11,978,734.00 for the recreation center. The following adjustments shall be made to compensation and time. (Insert provisions in accordance with the Agreement,or as otherwise agreed by the parties.) Compensation: Compensation to be a fixed fee of$313,415.00 for Schematic Design Services. Invoicing will be based on percentage of completion in each of the following phases of work and the values represented for each phase. Time: The following is a schedule for the schematic design process. If the schedule should extend beyond this time frame, at no fault of the Architect,services will be additional services. Schematic Design 3 months AlA Document G606",-2000.Copyright 02001 by The American Institute of Architects. All rights reserved. WARNING:This AtAe Document is protected by U.S.Copyright raw and International Treaties.Unauthorized reproduction or distribution of this AlAe Document,or any portion of it, 1 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:40:44 on 12/07/2006 under Oder No.1000259656_1 which expires on 9/30/2007,and is not for resale. User Notes: (3620468574) 2147484241 Line 1 ARCHITEXAS 09.54.07 a m. 12-07-2006 3/3 SUBMITTED BY: AGREED TO: (Signature) (Signature) Craig Melde,Principal John Mondy,Mayor (Printed name and title) (Printed name and title) (Date) (Date) • • • NA Document G60611,—2000.Copyright 02001 by The American Institute of Architects. NI rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it, 2 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AW software at 09:40:44 on 1227/2006 under Order No.1000259666_1 which expires on 9/302007,and is not for resale. User Notes: {3620468574) Wylie City Council CITY OF WYLIE AGENDA REPORT g Meeting Date: December 12, 2006 Item Number: C Department: Parks (City Secretary's Use Only) Prepared By: Jim Holcomb Account Code: 112-5614-58150 Date Prepared: November 21, 2006 Budgeted Amount: $ 44,750.00 Exhibits: Contract&Bid Subject Consider, and act upon, awarding a contract, in the amount of$35,921.00, to Canyon Creek Irrigation for the installation of an irrigation system at Joel Scott Park. Recommendation Motion to award a contract, in the amount of$35,921.00, to Canyon Creek Irrigation for the installation of an irrigation system at Joel Scott Park. Discussion The budget adopted for the 2007 fiscal year includes an allocation of$44,750.00 for irrigation systems in the Parks 4B capital improvement budget. The funds were earmarked for an irrigation system at Joel Scott Park. Competitive sealed bids have been solicited in accordance with Chapter 252 of the Texas Local Government Code. The following bids were received. Canyon Creek Irrigation - $35,921 A New Deal Irrigation- $38,789 Irricon- $48,000 Turf-Scapes - $49,400 Installation of the irrigation system is part of the Collin County Project Funding Assistance Program. The City of Wylie received $118,800 in matching funds from this program in October 2005 for improvements to Joel Scott Park. Approved By Initial Date Department Director MS 11/21/06 City Manager /' ' 6 0 Page 1 of 1 CONTRACT STATE OF TEXAS } COUNTY OF COLLIN } THIS AGREEMENT, made and entered into this 12th day of December, 2006, by and between The City of Wylie, a municipal corporation of the County of Collin and the State of Texas, Party of the First Part (hereinafter termed "City"), and Canyon Creek Irrigation of the City of Wylie, County of Collin and State of Texas, Party of the Second Part(hereinafter termed"Contractor"). WITNESSETH: That for and in consideration of the payments and agreements hereinafter set forth, the City and Contractor agree as follows: THE CONTRACTOR shall perform all of the work as specified in the contract documents, generally described as: INSTALLATION OF IRRIGATION SYSTEM AT JOEL SCOTT PARK and all extra work in connection therewith under the terms of the contract documents and, at Contractor's own proper cost and expense, shall furnish all materials, supplies, machinery equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete said work in accordance with the conditions and prices stated in the bid attached hereto. THE CITY shall pay the Contractor for the performance of the work, subject to additions or deductions by change order or as otherwise provided in the contract documents, in current funds, the sum of Thirty Two Thousand-Nine Hundred-Twenty- One Dollars ($32,921.00). THE CONTRACT DOCUMENTS shall consist of this written agreement, the bid specifications, Contractor's Bid Submittal and the construction plans, all of which constitute the entire agreement between the City and the Contractor, and are as fully a part of this contract as if attached to or repeated in this agreement. IN WITNESS WHEREOF, the parties have executed this agreement in the year and day first above written. CITY OF WYLIE CONTRACTOR By: By: Attest: CANYON CREEK IRRIGATION 10690 County Road 484 Lavon, TX 75166 (972)442-2753 Office (972)843-9916 Fax PROPOSAL SUBMITTED TO WORK TO BE PERFORMED AT NAME: City of Wylie/Bill Nelson NAME: Joel Scott Park/Phase 2 STREET: 2000 Hwy 78 North STREET: CITY: Wylie,TX 75098 CITY: Wylie,TX PLAN DATE: 10-6-06 Irrigation by John Wingfield GEORGE&MIKE MOSLENER PROPOSE TO FURNISH ALL THE MATERIALS AND PERFORM THE LABOR NECESSARY FOR THE COMPLETION OF A COMPLETELY AUTOMATIC SPRINKLER SYSTEM. DATE OF PROPOSAL: November 14,2006 (Proposal good for 90 days) WATER PRESSURE: 60 P.S.L MATERIALS: This system shall include approximately 152 Sprays(Toro),52 Tree Bubblers(Rainbird), 157 Rotors(Hunter PGP),28 Automatic control valves(Weathermatic 11000 Series),and three completely automatic control boxes (12 Sta Leit Pedestal Mount). All pipe hall be standard class 200 P.V.C.(1/2"pipe will be class 315). All fittings shall be standard schedule 40 P.V.C. All wiring shall be no less than 16 gauge,UL approved and underground cable. All control valves shall have valve boxes. The sprinkler system here proposed shall have the proper back flow prevention device as required by Plumbing Code of the City of Wylie. In this case the backtlow prevention device will be a Double Check Assembly. INSTALLATION: All pipe valves,wiring,and sprinklers shall be installed in trenches 4"to 6"wide and at a depth of at least 10-12". All P.V.C.pipe&fittings shall be cleaned before cementing and thus constitute a"1a`class bond". All wiring shall be spliced to insure weatherproofing. All pop-up sprinklers shall have the top of sprinkler head flush with ground level. All shrub risers shall have sufficient clearance above the existing or proposed landscape. The construction time for this job will be approximately days. BACKFILL AND CLEAN UP: All trenches shall be back-filled with the existing dirt. Any debris harmful to the system,such as rocks,glass,cans,etc.,shall be removed before back filling. All trenches shall be watered and compacted to prevent future reappearance of trenches. All leftover dirt,rocks,and materials shall be removed from the job site. TUNING: We will,before completion,tune the system for maximum efficiency and conservation,and the owner shall be given the proper instruction as to the operation and maintenance of his/her system. I WARRANTY: We guarantee the aforesaid sprinkler system to be free from defect in workmanship and materials for 1 year from date of installation. IRRIGATOR LICENSE NUMBER'S: George Moslener #LI0004351 Mike Moslener #LI0005178 All material is guaranteed to be as specified,and the above work to be performed in accordance with the drawings and/or specifications submitted for above work and completed in substantial workmanlike manner for the sum of$ 35,921.00,with payments to be made as follows: Due upon Completion. Additional Comments: • Price includes three 2"Rainbird flow meters and wireless rain-freeze sensors. • Price includes 40 ft bores;sleeves existing by City of Wylie. • Price includes installing one 1"Double Check Assembly and'A"PVC line to fountain. • Construction Damage and/or repairs to existing system are billed separately. • Water Meter supplied and inctalled by others ACCEPTANCE OF PROPOSAL The above prices,specifications,and conditions are satisfactory and are hereby accepted. George and/or Mike Moslener are authorized to do the work as specified. Payment will be made as outlined above. Please mail and/or fax this signed proposal to: Canyon Creek Irrigation 10690 County Road 484 Lavon, TX 75166 (972)442-2753 phone (972)843-9916 fax Accepted by: Signature Print name Date Proposal bid by: Signature George or Mike Moslener 2 Wylie City Council CIT_14/Y OF WYLIE AGENDA REPORT Meeting Date: December 12, 2006 Item Number: D Department: Parks (City Secretary's Use Only) 112-5614-58150/ Prepared By: Jim Holcomb Account Code: 121-5622-52510 Date Prepared: November 28, 2006 Budgeted Amount: $ 24,930/$5,750 Exhibits: Bid/Contract Subject Consider,and act upon, awarding a contract, in the amount of$21,211.95,to Classic Gardens for the installation of trees at Joel Scott Park and the Community Center Parking Lot. Recommendation Motion to award a contract in the amount of$21,211.95 to Classic Gardens for the installation of trees at Joel Scott Park and the Community Center Parking Lot. Discussion The budget adopted for the 2007 fiscal year includes an allocation of$24,930.00 for the installation of trees at Joel Scott Park. Another$5,750.00 was budgeted for tree installations at the Community Center Parking Lot. The projects were budgeted in the 4B Parks and the Park Acquisition &Improvement funds,respectively. Competitive sealed bids have been solicited in accordance with Chapter 252 of the Texas Local Government Code. The following bids were received. Classic Gardens : Joel Scott Park- $20,574.54, Parking Lot - $637.36 Southwest Wholesale Nursery : Joel Scott Park - $29,615, Parking Lot - $2,760 Approved By Initial Date Department Director MS 11/28/06 City Manager V 1), Page 1 of 1 CONTRACT STATE OF TEXAS } COUNTY OF COLLIN } THIS AGREEMENT, made and entered into this 12th day of December, 2006, by and between The City of Wylie, a municipal corporation of the County of Collin and the State of Texas, Party of the First Part (hereinafter termed"City"), and Classic Gardens of the City of Wylie, County of Collin and State of Texas, Party of the Second Part (hereinafter termed"Contractor"). WITNESSETH: That for and in consideration of the payments and agreements hereinafter set forth, the City and Contractor agree as follows: THE CONTRACTOR shall perform all of the work as specified in the contract documents, generally described as: INSTALLATION OF TREES AT JOEL SCOTT PARK& COMMUNITY CENTER PARKING LOT and all extra work in connection therewith under the terms of the contract documents and, at Contractor's own proper cost and expense, shall furnish all materials, supplies, machinery equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete said work in accordance with the conditions and prices stated in the bid attached hereto. THE CITY shall pay the Contractor for the performance of the work, subject to additions or deductions by change order or as otherwise provided in the contract documents, in current funds, the sum of Twenty One Thousand Two Hundred Eleven Dollars &Ninety-Five Cents ($21,211.95). THE CONTRACT DOCUMENTS shall consist of this written agreement, the bid specifications, Contractor's Bid Submittal and the construction plans, all of which constitute the entire agreement between the City and the Contractor, and are as fully a part of this contract as if attached to or repeated in this agreement. IN WITNESS WHEREOF, the parties have executed this agreement in the year and day first above written. CITY OF WYLIE CONTRACTOR By: By: Attest: Albert's Landscape, Inc. dba Classic e; aIo Estimate 41. 40 401 W. FM544 4 Murphy, TX 75094 ► Date Estimate# • I 11/22/2006 990101 Great Landscapes Begin Here Name/Address City of Wylie 2000 HWY 78 North Wylie TX 75098 Project Description Qty Rate Total 45g Burr Oak 2 224.96 449.92 Plant&Warranty 2 157.47 314.94 45g Live Oak 12 224.96 2,699.52 Plant&Warranty 12 157.47 1,889.64 45g Sweet Gum 11 224.96 2,474.56 Plant&Warranty 11 157.47 1,732.17 30g Bald Cypress 14 149.96 2,099.44 Plant&Warranty 14 118.97 1,665.58 45g Magnolia 1 224.96 224.96 Plant&Warranty 1 157.47 157.47 30g Crape Myrtle Red 17 149.96 2,549.32 Plant&Warranty 17 118.97 2,022.49 45g Savannah Holly 6 224.96 1,349.76 Plant&Warranty 6 157.47 944.82 15g Containerized Jap Maple Bloodgood 2 187.46 374.92 Plant&Warranty 2 131.22 262.44 Total $21,211.95 Customer Signature 401 W. FM 544 • Murphy, Texas 75094 • (972) 424-9929 • Fax (972) 422-8326 www.classicgardensnursery.com 10) The contractor will be responsible for the watering of trees until installations are complete and approved by the city. Root stimulator provided by contractor and used according to label directions shall be mixed with initial watering of trees. An on-site water source shall be made available by the city for the contractor's use. 11) The City of Wylie prefers the installation of container grown or containerized trees but will consider B & B trees as a second option in consideration of budget limitations. All tree quantities/sizes are subject to increasing or decreasing. Bids will be submitted for B & B, containerized and container grown trees and will be written as a lump sum bid amount for each variety of tree listed. 12) City of Wylie will coordinate with tree installation contractor on start date. Bid Submittal Location Qty/Descripton B &B Contain- Container erized Grown J. Scott Park 2 Burr Oaks, 3" cal. ?CM .13 b (Quercus Macrocarpa) 12 Live Oaks, 3" cal. `L R ,\(rj (QuercusVirginiana) 11 Sweet Gums, 3" cal. 4743 (Liquidambar Styraciflua) .�'- � 14 Bald Cypress, 3" cal. ).6Z- (Taxodium Distichum) 1 Magnolia, 10/11' L.43 (Magnoliagrandi Flora) 17 Crape Myrtle, 8/9', Red H \,4� M.T. (3 cane minimum) (Lagerstroemia Indica) Parking Lot 6 Savannah Hollies, 8/9' �Z 2—3 6 , g (Ilexopaca x Attenuata"Savanah") 2 Japanese Maples, 7/8' 1x =�� - (Acerpalmatum"Bloodgood") Total Bid: � -4-��C 2C_. T'4` \ li. Bidder Name,Address & Telephone TCD rki 1 Pc'PELSZ i Authorized Signature t _ —___ Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 12, 2006 Item Number: E (City Secretary's Use Only) Department: Public Services Prepared By: Jim Holcomb Account Code: 100-5132-56040 Date Prepared: December 4, 2006 Budgeted Amount: $ 50,000.00 Exhibits: Bid/Contract Subject Consider, and act upon, awarding a Custodial Contract between the City of Wylie and Envision Services for custodial services for city facilities. Recommendation Motion to award a contract to Envision Services to provide custodial services for City facilities at the rate of $3,774.27 per month. Discussion Competitive sealed bids have been solicited to provide for an annual contract for custodial services for City facilities. A bid tabulation is provided below. The low bidder, AHI Facility Services, failed to submit required information about their employees. Their bid is therefore considered non-responsive. The lowest responsive bidder is Envision Services and their bid is deemed to be the best value for the City. At the rate of$3,774.27 per month, the annual cost of the contract would be $45,291.24. The custodial services budget for fiscal 2007 is $50,000. Bids submitted: AHI Facility Services- $3,604.84 Envision Services- $3,774.27 Oriental Building Services- $3,800.00 Prestige Janitorial Services- $4,996.00 Member's Building Maintenance- $5,735.00 CleanNet USA- $7,683.00 Approved By Initial Date Department Director /�,�M/S 12/4/06 City Manager I I I Y I 1 r - / 6 0-6 Page 1 of 1 CONTRACT STATE OF TEXAS } COUNTY OF COLLIN } THIS AGREEMENT, made and entered into this 12th day of December, 2006, by and between The City of Wylie, a municipal corporation of the County of Collin and the State of Texas, Party of the First Part (hereinafter termed "City"), and Envision Services of the City of Farmers Branch, County of Dallas and State of Texas, Party of the Second Part (hereinafter termed "Contractor"). WITNESSETH: That for and in consideration of the payments and agreements hereinafter set forth, the City and Contractor agree as follows: THE CONTRACTOR shall perform all of the work as specified in the contract documents, generally described as: CUSTODIAL SERVICES FOR CITY FACILITIES and all extra work in connection therewith under the terms of the contract documents and, at Contractor's own proper cost and expense, shall furnish all materials, supplies, machinery equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete said work in accordance with the conditions and prices stated in the bid attached hereto. THE CITY shall pay the Contractor for the performance of the work, subject to additions or deductions by change order or as otherwise provided in the contract documents, in current funds, the sum of Three Thousand Seven Hundred Seventy-Four Dollars &Twenty-Seven Cents ($3,774.27)per month. THE CONTRACT DOCUMENTS shall consist of this written agreement, the bid specifications and Contractor's Bid Submittal, all of which constitute the entire agreement between the City and the Contractor, and are as fully a part of this contract as if attached to or repeated in this agreement. IN WITNESS WHEREOF, the parties have executed this agreement in the year and day first above written. CITY OF WYLIE CONTRACTOR By: By: Attest: SECTION 9 BID SUBMITTAL CUSTODIAL SERVICES Facility Monthly Base Bid, Night Service Alternate (Add-On), Day Porter Engineering/Public Services $ 64.51 Service Center $ 321.60 Animal Shelter $ 19.20 Fire Administration $ 105.60 Community Center $ 212.88 $ 95.00 Library $ 336.00 $ 152.00 Municipal Complex $1,584.00 $ 703.00 Planning Department $ 64.51 Building Department $ 96.77 Akin Pavilion $ 19.20 Total Monthly Bid $2,824.27 $ 950.00 SUPPLIES Bidder shall attach a current price list of commonly used consumable supply items. This price list is for evaluation and comparison of contractors' typical supply costs and does not constitute a bid. Contractor shall provide all custodial supplies at cost plus 0 per cent (Specify mark-up, if any.) CONTRACTOR NAME: Jim Boyd ADDRESS & TELEPHONE NUMBER: 12901 Nicholson Road #240, Farmers Branch, TX 75234 (972) 227-9073 AUTHORIZED SIGNATURE & TITLE: ( 11.2 & J 37 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 12-11-06 Item Number: F Department: Police (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 11-06-06 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2006-71 establishing a school zone on Hooper Road in front of Raymond Cooper Jr. High School. Recommendation Motion to approve Ordinance No. 2006-71 establishing a school zone of 20 MPH on Hooper Road in front of Raymond Cooper Jr. High School. Discussion There has begun to be pedestrian traffic on Hooper Road in front of Raymond Cooper Jr. High School and the WISD has requested a school zone. Wylie City Engineer Chris Holsted has reviewed the ordinance and is in agreement with it. Approved By Initial Date Department Director JB 11/06/06 City Manager AY)1 r l l /a f 6/04 Page 1 of 1 ORDINANCE NO. 2006-71 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING A SCHOOL ZONE FOR RAYMOND COOPER JR. HIGH SCHOOL, 900 HOOPER ROAD IN THE CITY OF WYLIE, TEXAS; ESTABLISHING A PRIMA FACIE MAXIMUM SPEED LIMIT DURING DESIGNATED HOURS IN SUCH ZONE; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR SPEED ON HOOPER ROAD; 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, §545.356 of the Texas Transportation Code provides that whenever the governing body of the municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or prudent under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City of Wylie,Texas("Wylie"),taking into consideration,among other things,the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare reasonable and prudent maximum prima facie speed limits thereon by the passage of an ordinance,which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; and WHEREAS, §545.302 of the Texas Transportation Code defines a "school crossing zone" as a reduced speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school; and WHEREAS,the City Council of the City of Wylie, Texas ("City Council") finds it is necessary for the protection and safety for the pedestrian traffic adjacent to Raymond Cooper Jr. High School within Wylie to declare a reduced speed school zone on Hooper Road in the vicinity of the school within Wylie as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: Ordinance No.2006-71 School Zone for Raymond Cooper Jr.High 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: Establishment of Reduced Speed School Zone. Upon the basis of an engineering and traffic investigation, and as authorized by the provisions of, among others, §545.356 of the Texas Transportation Code,a designated school zone is hereby established along Hooper Road,adjacent to Raymond Cooper Jr.High School at 900 Hooper Road,Wylie,Texas and running 500 feet north along Hooper Road from the northern property line of the school and running along Hooper Road from the southern property line of the school to Hensley within Wylie. The prima facie maximum speed limit for the designated school zone shall be twenty (20)miles per hour between the hours of_7:15_and_8:00_A.M. and_2:40_and_3:15_P.M. on days that the school is in session. It shall be unlawful for any person to operate or drive any vehicle at a speed greater than the speed designated or posted, or to overtake or pass any other vehicle in the school zone during the hours indicated upon signs erected in such zone, or whenever children are present in such zone,or when such zone has an alternating flashing light in operation. SECTION 3: Placement of Signs. Signs indicating the speed limits provided herein shall be placed at the most advantageous points to be conspicuous to approaching vehicular traffic in accordance with the Uniform Manual on Traffic Control Devices,as amended,promulgated by the state department of transportation. The signs shall be permanently affixed to a stationery post or installed on permanent buildings or walls or as otherwise approved. The signs shall in no way be obstructed from view and shall comply with applicable state laws. The Chief of Police, or his/her authorized representative, is authorized and directed to cause to be erected such appropriate signs. 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. 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: Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be fined a sum of not less than One Dollar($1.00)nor more than Five Hundred Dollars($500.00)or as otherwise allowed by State law. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin a violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. Ordinance No.2006-71 School Zone for Raymond Cooper Jr.High SECTION 7: Effective Date. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 12t"day of December, 2006. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of publication in The Wylie News—December 20, 2006 Ordinance No.2006-71 School Zone for Raymond Cooper Jr.High Wylie City Council CIT_Mt Y OF WYLIE AGENDA REPORT Meeting Date: December 12, 2006 Item Number: G Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: 12/04/06 Budgeted Amount: Exhibits: One Subject Consider, and act upon, authorizing the Mayor to execute a Right of Way Warranty Deed for Lakefield Drive from Chasepark Drive to FM 1378. Recommendation Motion to authorize the Mayor to execute the Right of Way Warranty Deed for Lakefield Drive from Chasepark Drive to FM 1378. Discussion On 4/25/06 and 6/26/06, Council approved final plats for Phase I and Phase II of the Parkside Development generally located west of FM 1378 and north of FM 544. The development includes the extension of Lakefield drive from its current terminus in Lakeside Estates, east to FM 1378 as shown on the attached plans. Execution of the Warranty Deed will formally dedicate the right of way for Lakefield Drive on the property owned by the City of Wylie. The TxDOT permit, for the connection of the roadway to FM 1378, requires the construction of a turn lane for north bound FM 1378 traffic. The construction of the roadway and turn lanes will be completed by the developer at no cost to the City. Approved By Initial Date Department Director C IH,�/� 12/5/06 City Manager lAYY l R. 16 /04 Page 1 of 1 "Notice of Confidentiality rights: If you are a Natural Person,you may remove or strike any of the following information from this instrument before it is filed for record in the Public Records: Your Social Security Number or your Drivers' License Number." AFTER RECORDING,RETURN TO: City Manager City of Wylie,Texas 2000 Highway 78N Wylie,Texas 75098 RIGHT OF WAY WARRANTYDEED STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § That Alanis Crossing,Ltd.,a Texas Limited Partnership("Grantor"),whether one or more, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) cash in hand to Grantor paid by the CITY OF WYLIE, TEXAS, a Texas municipal corporation ("Grantee") the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied,has this day GRANTED and by these presents does GRANT,GIVE,and CONVEY unto the said Grantee all the following described real estate, to-wit: Being 5.727 acres of land, more or less, in the Allen Atterberry Survey, Abstract No.23, in the City of Wylie, Collin County, Texas, more particularly depicted and described in Exhibits "A" and "B", respectively,attached hereto and incorporated herein for all purposes (the "Property"). The warranty contained herein is subject to: (i)any and all mineral reservations,restrictions, covenants,conditions and easements,if any,relating to the above-described property,but only to the extent that they are still in effect and shown of record in Collin County,Texas;and(ii)all zoning law regulations and ordinances of municipal and/or other governmental authorities,if any,but only to the extent that they are still in effect and relate to the Property. RIGHT OF WAY WARRANTY DEED—Page 1 TO HAVE AND TO HOLD the above-described premises,together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee,Grantee's successors, and assigns forever. And Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators and assigns, to warrant and forever defend all and singular the said premises unto the said Grantee, Grantee's successors and assigns,against every person whomsoever lawfully claiming or attempting to claim the same or any part thereof. This instrument may be executed in a number of identical counterparts,each of which shall be deemed an original for all purposes. EXECUTED on the dates appearing in the acknowledgements below, however, to be effective on this day of , 2006. Alanis Crossing, Ltd., a Texas Limited Partnership By: [type name and title] RIGHT OF WAY WARRANTY DEED—Page 2 STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he is the and duly authorized representative of , a Texas , and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2006. Notary Public in and for the State of Texas My Commission Expires: RIGHT OF WAY WARRANTY DEED—Page 3 LIENHOLDER'S CONSENT TO PARTIAL RELEASE OF LIEN: The undersigned, being the holder(s) of the lien against a portion of the Property and Temporary Construction Easement evidenced by: Deed of Trust dated , recorded under Clerk's File No. , from , to , Trustee, securing payment of one certain promissory note of even date therewith in the principal amount of$ payable to the order of ; said Note being additionally secured by a Vendor's Lien of even date retained in Deed, executed by to , recorded under , and subject to all of the terms and conditions and stipulations contained therein, including but not limited to, any future indebtedness also secured by this lien, hereby consents to the execution of the foregoing Right of Way Warranty Deed and agrees that in the event of a foreclosure of the Property or any portion thereof and/or the underlying property or any portion thereof(or deed in lieu thereof),the conveyance made by this deed will remain in full force and effect and shall not be extinguished by such foreclosure (or deed in lieu thereof). Bank, a By: Printed Name: Its: Address: STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of ,200_,by , the and duly authorized representative of Bank, a , on behalf of said corporation. Notary Public, State of Texas PREPARED IN THE OFFICES OF: ABERNATHY,ROEDER,BOYD&JOPLIN,P.C. 1700 Redbud Blvd.,Suite 300 McKinney,TX 75070 RIGHT OF WAY WARRANTY DEED—Page 4 EXHIBIT 'A' LEGAL DESCRIPTION Being a tract of land situated in the Allen Atterberry Survey,Abstract No. 23,in the City of Wylie, Collin County, Texas, and being part of an 86.6-acre tract,as described in Volume 291,Page 197,in the Deed Records of Collin County, Texas (D.R.C.C.T.), and being more particularly described as follows: COMMENCING at a 3/8-inch iron rod found at the southeast corner of a 5.180 acre tract, as described in Volume 4590, Page 1895, D.R.C.C.T., said point being on the west line of Farm to Market 544 (90'right-of-way), as recorded in Volume 568, Page 21, D.R.C.C.T.; THENCE,North 04 degrees 33 minutes 58 seconds West,along said west line,a distance of 375.89 feet to a 1/2-inch iron rod set for the POINT OF BEGINNING; THENCE, South 89 degrees 55 minutes 41 seconds West, departing said west line, a distance of 646.99 feet to a 1/2-inch iron rod set at the point of curvature of a curve to the right,having a radius of 910.00 feet,a central angle of 40 degrees 48 minutes 05 seconds, and a tangent of 338.44 feet; THENCE, along said curve to the right for an arc distance of 648.03 feet(Chord Bearing North 69 degrees 40 minutes 17 seconds West- 634.42 feet),to a 1/2-inch iron rod set at the point of tangency; THENCE North 49 degrees 16 minutes 14 seconds West,a distance of 624.71 feet to a 1/2-inch iron rod set at the point of curvature of a curve to the left,having a radius of 810.00 feet,a central angle of 40 degrees 43 minutes 46 seconds, and a tangent of 300.67 feet; THENCE, along said curve to the left for an arc distance of 575.80 feet(Chord Bearing North 69 degrees 38 minutes 07 seconds West- 563.75 feet), to a 1/2-inch iron rod set at the point of tangency; THENCE, South 90 degrees 00 minutes 00 seconds West, a distance of 3.29 feet to a 1/2-inch iron rod found in the east line of Twin Lakes Phase V Addition,an addition to the City of Wylie,as recorded in Volume P,Page 435,in the Map Records of Collin County, Texas (M.R.C.C.T.), also being the southeast corner of Alanis Drive (50'right-of-way); THENCE North 00 degrees 21 minutes 15 seconds East, along said east line,passing at 50.00 feet the northeast corner of said Twin Lakes RIGHT OF WAY WARRANTY DEED—Page 5 Phase V tract,and continuing for a total distance of 100.00 feet to a 1/2-inch iron rod set for corner; THENCE North 90 degrees 00 minutes 00 seconds East,departing said east line,a distance of 2.67 feet to a 1/2-inch iron rod set at the point of curvature of a curve to the right,having a radius of 910.00 feet,a central angle of 40 degrees 43 minutes 46 seconds, and a tangent of 337.79 feet; THENCE, along said curve to the left for an arc distance of 646.88 feet(Chord Bearing South 69 degrees 38 minutes 07 seconds East- 633.35 feet),to a 1/2-inch iron rod set at the point of tangency; THENCE,South 49 degrees 16 minutes 14 seconds East,a distance of 624.71 feet to a 1/2-inch iron rod set at the point of curvature of a curve to the left, having a radius of 810.00 feet, a central angle of 40 degrees 48 minutes 05 seconds, and a tangent of 301.25 feet; THENCE, along said curve to the left for an arc distance of 576.82 feet(Chord Bearing South 69 degrees 40 minutes 17 seconds East- 564.70 feet), to a 1/2-inch iron rod set at the point of tangency; THENCE North 89 degrees 55 minutes 41 seconds East,a distance of 639.13 feet to a 1/2-inch iron rod set in the west line of said Farm to Market 544; THENCE, South 04 degrees 33 minutes 58 seconds East, with said west line, a distance of 100.31 feet to the POINT OF BEGINNING and CONTAINING 5.727 acres of land, more or less. RIGHT OF WAY WARRANTY DEED—Page 6 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 12-12-06 Item Number: H Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 11-13-06 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2006. Recommendation Accept, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2006 Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on November 16, 2006. Approved By Initial Date Department Director SS 11/13/06 City Manager ñ/2VY1 io/ /06 Page 1 of 1 10-10-2006 03:24 PM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2006 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 919,320.00 69,876.34 0.00 897,481.86 0.00 21,838.14 97.62 INTEREST INCOME 10,000.00 0.00 0.00 16,316.42 0.00 ( 6,316.42) 163.16 MISCELLANEOUS INCOME 0.00 5,220.00 0.00 27,005.40 0.00 ( 27,005.40) 0.00 TOTAL REVENUES 929,320.00 75,096.34 0.00 940,803.68 0.00 ( 11,483.68) 101.24 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,449,550.00 155,478.34 0.00 1,278,559.93 1,526.84 169,463.23 88.31 TOTAL EXPENDITURES 1,449,550.00 155,478.34 0.00 1,278,559.93 1,526.84 169,463.23 88.31 REVENUE OVER/(UNDER) EXPENDITURES ( 520,230.00) ( 80,382.00) 0.00 ( 337,756.25) ( 1,526.84) ( 180,946.91) 65.22 10-10-2006 03:24 PM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2006 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 919,320.00 69,876.34 0.00 897,481.86 0.00 21,838.14 97.62 TOTAL TAXES 919,320.00 69,876.34 0.00 897,481.86 0.00 21,838.14 97.62 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 0.00 0.00 0.00 5,283.86 0.00 ( 5,283.86) 0.00 4000-46140 TEXPOOL INTEREST 10,000.00 0.00 0.00 4,026.21 0.00 5,973.79 40.26 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 215.59 0.00 ( 215.59) 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 6,790.76 0.00 ( 6,790.76) 0.00 TOTAL INTEREST INCOME 10,000.00 0.00 0.00 16,316.42 0.00 ( 6,316.42) 163.16 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 0.00 2,720.00 0.00 10,802.15 0.00 ( 10,802.15) 0.00 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 0.00 2,500.00 0.00 16,203.25 0.00 ( 16,203.25) 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 0.00 5,220.00 0.00 27,005.40 0.00 ( 27,005.40) 0.00 TOTAL REVENUES 929,320.00 75,096.34 0.00 940,803.68 0.00 ( 11,483.68) 101.24 10-10-2006 03:24 PM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2006 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 128,820.00 10,749.42 0.00 116,712.75 0.00 12,107.25 90.60 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 480.00 0.00 0.00 476.00 0.00 4.00 99.17 5611-51145 SICK LEAVE BUYBACK 1,290.00 0.00 0.00 1,287.69 0.00 2.31 99.82 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 8,400.00 646.16 0.00 8,238.54 0.00 161.46 98.08 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 12,150.00 995.98 0.00 11,206.00 0.00 944.00 92.23 5611-51410 HOSPITAL & LIFE INSURANCE 13,140.00 1,380.53 0.00 12,694.28 0.00 445.72 96.61 5611-51420 LONG-TERM DISABILITY 580.00 0.00 0.00 347.82 0.00 232.18 59.97 5611-51440 FICA 8,670.00 1,038.04 0.00 5,976.71 0.00 2,693.29 68.94 5611-51450 MEDICARE 2,020.00 242.76 0.00 1,771.89 0.00 248.11 87.72 5611-51470 WORKERS COMP PREMIUM 460.00 0.00 0.00 379.21 0.00 80.79 82.44 5611-51480 UNEMPLOYMENT COMP (TWC) 590.00 45.54 0.00 462.07 0.00 127.93 78.32 TOTAL PERSONNEL SERVICES 176,600.00 15,098.43 0.00 159,552.96 0.00 17,047.04 90.35 SUPPLIES 5611-52010 OFFICE SUPPLIES 9,000.00 2,022.81 0.00 6,577.70 1,170.72 1,251.58 86.09 5611-52040 POSTAGE 440.00 0.00 0.00 127.62 0.00 312.38 29.00 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 2,120.00 81.91 0.00 989.71 0.00 1,130.29 46.68 5611-52990 OTHER 500.00 0.00 0.00 236.54 0.00 263.46 47.31 TOTAL SUPPLIES 12,060.00 2,104.72 0.00 7,931.57 1,170.72 2,957.71 75.48 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 160.00 0.00 0.00 160.00 0.00 0.00 100.00 5611-54810 COMPUTER HARD/SOFTWARE 2,600.00 0.00 0.00 2,525.41 0.00 74.59 97.13 5611-54990 OTHER 6,020.00 0.00 0.00 5,462.50 0.00 557.50 90.74 TOTAL MATERIALS FOR MAINTENANC 8,780.00 0.00 0.00 8,147.91 0.00 632.09 92.80 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 287,650.00 0.00 0.00 225,691.00 0.00 61,959.00 78.46 5611-56040 SPECIAL SERVICES 57,330.00 312.15 0.00 53,847.83 0.00 3,482.17 93.93 5611-56080 ADVERTISING 53,350.00 1,015.00 0.00 23,119.00 0.00 30,231.00 43.33 5611-56090 COMMUNITY DEVELOPMENT 27,850.00 900.00 0.00 27,518.73 0.00 331.27 98.81 5611-56110 COMMUNICATIONS 4,940.00 375.97 0.00 3,907.03 0.00 1,032.97 79.09 5611-56180 RENTAL 3,750.00 0.00 0.00 3,154.17 0.00 595.83 84.11 5611-56210 TRAVEL AND TRAINING 11,790.00 1,159.31 0.00 8,458.52 0.00 3,331.48 71.74 5611-56250 DUES & SUBSCRIPTIONS 5,570.00 150.00 0.00 5,550.31 0.00 19.69 99.65 5611-56310 INSURANCE 1,440.00 0.00 0.00 1,436.00 0.00 4.00 99.72 5611-56510 AUDIT AND LEGAL SERVICES 10,500.00 1,134.64 0.00 10,482.31 0.00 17.69 99.83 5611-56570 ENGINEERING - ARCHITECT SVC 4,500.00 0.00 0.00 4,170.00 0.00 330.00 92.67 5611-56610 UTILITIES - ELECTRIC 900.00 807.80 0.00 807.80 0.00 92.20 89.76 TOTAL CONTRACTUAL SERVICES 469,570.00 5,854.87 0.00 368,142.70 0.00 101,427.30 78.40 10-10-2006 03:24 PM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2006 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 237,440.00 14,959.62 0.00 199,688.52 0.00 37,751.48 84.10 TOTAL DEBT SERVICE & CAP. REPL 237,440.00 14,959.62 0.00 199,688.52 0.00 37,751.48 84.10 CAPITAL OUTLAY 5611-58110 LAND 514,190.00 175,224.00 0.00 509,156.87 0.00 5,033.13 99.02 5611-58120 DEVELOPMENT FEES 6,030.00 0.00 0.00 5,994.50 0.00 35.50 99.41 5611-58210 STREETS & ALLEYS 0.00 ( 59,956.56) 0.00 0.00 0.00 0.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 2,830.00 1,196.50 0.00 2,541.20 0.00 288.80 89.80 5611-58830 FURNITURE & FIXTURES 8,600.00 530.38 0.00 7,880.38 356.12 363.50 95.77 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 531,650.00 116,994.32 0.00 525,572.95 356.12 5,720.93 98.92 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 13,450.00 466.38 0.00 9,523.32 0.00 3,926.68 70.81 TOTAL OTHER FINANCING (USES) 13,450.00 466.38 0.00 9,523.32 0.00 3,926.68 70.81 TOTAL DEVELOPMENT CORP-WEDC 1,449,550.00 155,478.34 0.00 1,278,559.93 1,526.84 169,463.23 88.31 TOTAL EXPENDITURES 1,449,550.00 155,478.34 0.00 1,278,559.93 1,526.84 169,463.23 88.31 REVENUE OVER (UNDER) EXPENDITURES ( 520,230.001 ( 80,382.00) 0.00 ( 337,756.25) ( 1,526.84) ( 180,946.91) 65.22 *** END OF REPORT *** 10/10/2006 3:17 PM REGULAR DEPARTMENT PAYMENT REPORT PAGE: 1 VENDOR SET: 01 CITY OF WYLIE BANK: ALL FUND : 111 WYLIE ECONOMIC DEVEL CORP DEPARTMENT: 611 DEVELOPMENT CORP-WEDC INVOICE DATE RANGE: 1/01/1998 THRU 99/99/9999 PAY DATE RANGE: 9/01/2006 THRU 9/30/2006 BUDGET TO USE: CB-CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK # AMOUNT 01-000006 TEXAS MUNICIPAL I-TMR200608020376 111 5611-51310 TMRS : RETIREMENT 018320 497.99 01-000006 TEXAS MUNICIPAL I-TMR200608160377 111 5611-51310 TMRS : RETIREMENT 018320 477.30 01-000015 UNITED STATES TREASURY I-T3 200608290378 111 5611-51440 FICA : FICA TAXES 000000 340.88 01-000015 UNITED STATES TREASURY I-T3 200609120380 111 5611-51440 FICA : FICA TAXES 000000 340.88 01-000015 UNITED STATES TREASURY I-T3 200609270382 111 5611-51440 FICA : FICA TAXES 000000 356.28 01-000015 UNITED STATES TREASURY I-T4 200608290378 111 5611-51450 MEDICARE : MEDICARE TAXES 000000 79.72 01-000015 UNITED STATES TREASURY I-T4 200609120380 111 5611-51450 MEDICARE : MEDICARE TAXES 000000 79.72 01-000015 UNITED STATES TREASURY I-T4 200609270382 111 5611-51450 MEDICARE : MEDICARE TAXES 000000 83.32 01-000023 ABERNATHY, ROEDER, P.0 I-2793-0001M 32 111 5611-56510 AUDIT AND LEG: 2793-0001M 32 018428 500.89 01-000023 ABERNATHY, ROEDER, P.0 I-2793-0024M 1 111 5611-56510 AUDIT AND LEG: 2793-0024M 1 018428 273.00 01-000023 ABERNATHY, ROEDER, P.0 I-2793-999M 2 111 5611-56510 AUDIT AND LEG: 2793-9999M 2 018428 360.75 01-000035 AMERICAN EXPRESS I-1698-87002 AUG06 111 5611-56210 TRAVEL AND TRAINING 018569 1,083.30 01-000035 AMERICAN EXPRESS I-1698-87002 AUG06 111 5611-56250 DUES & SUBSCRIPTIONS 018569 150.00 01-000035 AMERICAN EXPRESS I-1698-87002 AUG06 111 5611-58810 COMPUTER HARD/SOFTWARE 018569 1,196.50 01-000101 CITY OF WYLIE I-126-0290-02 AUG 111 5611-56040 SPECIAL SERVI: WATER BILL 706 COOPE 018778 12.15 01-000292 PLANO OFFICE SUPPLY I-039970 111 5611-58830 FURNITURE & F: 039970 DESK CHAIR 018231 356.12 01-000298 HAWK ELECTRONICS I-199891 111 5611-56110 COMMUNICATION: CELL PHONE 8/25-09/2 018718 221.53 01-000317 SAM SATTERWHITE I-090706 111 5611-52810 FOOD SUPPLIES: 090706 REIMBRS BRKFS 018386 33.91 01-000384 WYLIE CHRISTIAN CARE I-83006 111 5611-56090 COMMUNITY DEV: 83006 SPONSOR GOLD T 018167 1,625.00 01-000392 WYLIE PRINTING & OFFIC I-14132 111 5611-52010 OFFICE SUPPLI: 14132 VARIOUS OFFICE 018388 43.57 01-000392 WYLIE PRINTING & OFFIC I-14133 111 5611-52010 OFFICE SUPPLI: 14133 SURGE PROTECTO 018388 53.91 01-000468 WYLIE CHAMBER I-105581 JULY 111 5611-56610 UTILITIES - E: 105581 REIMBURSE 1/4 018387 419.78 01-000468 WYLIE CHAMBER I-105581 JULY 111 5611-56610 UTILITIES - E: 105581 REIMBURSE 1/4 018387 6.57 01-000468 WYLIE CHAMBER I-9806 111 5611-56090 COMMUNITY DEV: 9806 TABLE-CHAMBER P 018319 900.00 01-000664 COMMONWEALTH LAND TITL I-842341 111 5611-52010 OFFICE SUPPLI: COFFEE SERVICE 018148 28.28 01-000891 BIRMINGHAM LAND TRUST I-100106 111 5611-57110 DEBT SERVICE : OCTOBER 2006 PAYMENT 018660 5,741.48 01-001071 2 L'S, INC. I-5058A 111. 5611-52810 FOOD SUPPLIES: WEDC BOARD BREAKFAST 018225 48.00 01-001217 PROFESSIONAL APPROACH I-090606 111 5611-56080 ADVERTISING : 090606 1/2 PAY FOR 2 018538 630.00 01-001336 AERIAL FOCUS I-611181 111 5611-52010 OFFICE SUPPLI: 611181 MURAL 018296 1,625.00 01-001792 INWOOD NATIONAL BANK 1-91506 111 5611-57110 DEBT SERVICE : ACCT#104015301 LOAN 018664 11,184.92 10/10/2006 3:17 PM REGULAR DEPARTMENT PAYMENT REPORT PAGE: 2 VENDOR SET: 01 CITY OF WYLIE BANK: ALL FUND : 111 WYLIE ECONOMIC DEVEL CORP DEPARTMENT: 611 DEVELOPMENT CORP-WEDC INVOICE DATE RANGE: 1/01/1998 THRU 99/99/9999 PAY DATE RANGE: 9/01/2006 THRU 9/30/2006 BUDGET TO USE: CB-CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK # AMOUNT 01-001841 MARCOA PUBLISHING, INC I-12514C 111 5611-56080 ADVERTISING : DALLAS INDUST GUIDE2 018784 385.00 01-001899 GERRY HARRIS I-090906 111 5611-58830 FURNITURE & F: 090906 REIMBURS LAMP 018807 120.15 01-001899 GERRY HARRIS I-091206 111 5611-52010 OFFICE SUPPLI: 091206 REIMBURS TRAS 018807 10.80 01-001899 GERRY HARRIS I-092506 111 5611-56210 TRAVEL AND TR: 092506 MILEAGE 8/23- 018807 76.01 01-001899 GERRY HARRIS I-71006 111 5611-56110 COMMUNICATION: 71006 REIMBURS CELL 018807 54.31 01-001899 GERRY HARRIS 1-82706 111 5611-52010 OFFICE SUPPLI: 82706 REIMBURS PHONE 016807 5.40 01-001899 GERRY HARRIS I-83006 111 5611-52010 OFFICE SUPPLI: 83006 REIMBURS FOLDE 018807 7.98 01-001899 GERRY HARRIS I-9406 111 5611-58830 FURNITURE & F: 9406 REIMBURS PRINTE 018807 54.11 01-001899 GERRY HARRIS I-9506 111 5611-52010 OFFICE SUPPLI: 9506 REIMBURS COFFEE 018807 6.00 01-001899 GERRY HARRIS I-9906 111 5611-52010 OFFICE SUPPLI: 9906 REIMBUR TAPE RE 018807 15.14 01-001936 UNIMERICA LIFE INSURAN I-01021 OCT 111 5611-51410 HOSPITAL & LI: 01021 OCT06 018697 43.57 01-002044 NETWORK ESSSENTIAL I-53052 111 5611-54990 OTHER : 53052 COMPUTER MAINT 018157 1,282.50 01-002048 JAMES L. HUGHES I-092506 111 5611-57110 DEBT SERVICE : 092506 SEPT 06 PAYME 018381 3,774.70 01-002051 BEST IMAGE SYSTEMS, IN 1-91362 111 5611-52010 OFFICE SUPPLI: COPY CHARGE SHARP SY 018668 38.21 01-002051 BEST IMAGE SYSTEMS, IN I-91363 111 5611-52010 OFFICE SUPPLI: COPY CHARGES SHARP S 018668 66.80 01-002052 TIME WARNER CABLE I-82601304570190169 111 5611-56110 COMMUNICATION: 8260130470190169 SEP 018817 100.13 01-002075 WELLS FARGO FINANCIAL I-67458B0230 111 5611-56180 RENTAL : 6748550230 AUG COPIE 018166 356.65 01-002091 REPUBLIC CLOSING I-301-1901-98-4 AUG 111 5611-56610 UTILITIES - E: 301-1901-98-4 AUG RE 018445 381.45 01-002093 WYLIE HOME & OFFICE CL I-8547 111 5611-56040 SPECIAL SERVI: WEDC OFFICE CLEANING 018669 300.00 01-1 B & E PHOTOGRAPHY I-3776 111 5611-52010 OFFICE SUPPLI: B & E PHOTOGRAPHY:52 018429 150.00 DEPARTMENT 611 DEVELOPMENT CORP-WEDC TOTAL: 35,979.66 VENDOR SET 111 WYLIE ECONOMIC DEVEL CORPTOTAL: 35,979.66 REPORT GRAND TOTAL: 35,979.66 10-16-2006 11:05 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2006 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS CASH & CASH EQUIVALENTS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 376,659.40 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 TOTAL CASH & CASH EQUIVALENTS 376,659.40 INVESTMENTS 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 TOTAL INVESTMENTS 0.00 ACCOUNTS RECEIVABLE 1000-11517 ACCTS REC - SALES TAX 0.00 TOTAL ACCOUNTS RECEIVABLE 0.00 INTERGOVERNMENTAL RECEIV 1000-12996 LOAN REC - JACOBY 147,648.48 TOTAL INTERGOVERNMENTAL RECEIV 147,648.48 INVENTORIES 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 1,733,936.48 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 TOTAL INVENTORIES 1,733,936.48 PREPAID ITEMS 1000-14310 PREPAID EXPENSES 80,582.74 1000-14410 DEFERRED CHARGE 50,000.00 TOTAL PREPAID ITEMS 130,582.74 2,368,827.10 TOTAL ASSETS 2,388,827.10 LIABILITIES PAYROLL DEDUCT. PAYABLE 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE ( 378.12) 2000-20117 TMRS PAYABLE ( 280.93) 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 10-16-2006 11:05 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2006 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY ( 260.99) 2000-20199 MISC PAYROLL PAYABLE 0.00 TOTAL PAYROLL DEDUCT. PAYABLE ( 920.04) ACCOUNTS PAYABLE 2000-20201 AP PENDING 5,184.36 2000-20210 ACCOUNTS PAYABLE 0.00 TOTAL ACCOUNTS PAYABLE 5,184.36 CONTRACTS PAYABLE 2000-20540 NOTES PAYABLE 1,341,289.36 TOTAL CONTRACTS PAYABLE 1,341,289.36 DEFERRED REVENUE 2000-22270 DEFERRED REVENUE 147,648.48 TOTAL DEFERRED REVENUE 147,648.48 TOTAL LIABILITIES 1,493,202.16 FUND BALANCE/EQUITY FUND BALANCE 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 1,234,093.19 TOTAL FUND BALANCE 1,234,093.19 TOTAL BEGINNING EQUITY 1,234,093.19 TOTAL REVENUE 940,803.68 TOTAL EXPENDITURES 1,279,271.93 TOTAL SURPLUS/(DEFICIT) ( 338,468.25) TOTAL EQUITY & SURPLUS/(DEFICIT) 895,624.94 TOTAL LIABILITIES, EQUITY & SURPLUS/DEFICIT 2,388,827.10 Wylie Economic Development Corporation BSheet Subledgef August 23,2006 Balance it. Cost Basislm rovements s Acera a $202,045 nla Address nia Inventory-Land 0 ag 639,400 709 Cooper 25.00 000 466,585 McNlasters 14,nla Martinez Lane 0 92 239,372 Martinez g 500 211 -212 Industrial `�'� Hughes 1.09 2806 F.M.5h4 3,625 Ferrell $1,733,936 Total Cooper 27.95 Heath Wylie Economic Development Corporation Principal Balance Balance Sheet Sub ledger October 13,2006 Interest principal 157 l Bala0 able payment 335,840.23 Notes PaY 3,865.15 7,319.77 g47.27 797,854 53 11,,7 4..4 4,794.21 1,68g.63 I,57,594.60 291,289.36 1nWOod 5,741.48 2,085.07 $eptember 3,774.70 Birmingham Hughes Wylie City Council CIT_Mt Y OF WYLIE AGENDA REPORT Meeting Date: December 12, 2006 Item Number: I Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 11/29/06 Budgeted Amount: Exhibits: One Subject Consider, and act upon, approval of a Preliminary Plat for TXU Lavon Switching Station creating four 4 tracts totaling 71.26 acres, generally located south of S.H. 78 and west of Eubanks Road. Recommendation Motion to approve a Preliminary Plat for TXU Lavon Switching Station creating four 4 tracts totaling 71.26 acres, generally located south of S.H. 78 and west of Eubanks Road. Discussion The property totals 71.26 acres and will create 4 lots. The property is zoned Planned Development (PD 2006-19) District and has never been platted. Both Tract 1A (3.014 acres) and Tract 1B (15.908 acres) will be developed according the regulations of the Commercial Corridor(CC)District. Tract 2 is 38.01 acres in size and will be developed under the regulations of Light Industrial (LI) District. Tract 3 consists of 14.306 acres dedicated as Parkland to the City of Wylie. The plat dedicates a fifty (50) foot wide access road easement from Brown to gain access to the parking spaces for the parkland and access onto Tract 2. The roadway shall be constructed of concrete from Brown to the 10 parking spaces and heavy crushed rock from the ten parking spaces to Tract 2. A Site Plan will be required for the commercial tracts prior to development. The Preliminary Plat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted to recommend approval 5-0. Approved By Initial Date Department Director RO 12/01/06 City Manager { - (6 b(� Page 1 of 1 • lane 7,oar Rax ISAoIr " .'' •• MIMUM CO OOP=VW W eewnl(RO[Molt �� , NEM`-7f' `li;fit.�.J[�•:s�'>r Jrill :�7 OMOM ogres Wag .00 �..:. P fatti � �� GIANT BOILS 1�, MT��7- or 1A. lid TT V' -- ..T.7I'C7 T 15.906 AC C — F a rZ47 1M717,:11 `�"' sSISIS p O3LCIRIC,tip, wow New.. SIM= ,RIV"`:'/I t'•J R OF711QY Q ,ol.ESL PS. RT 1t1`rM t • $S "2( ♦ IA'IMAJ -11.--airrs.7.__"7:1"1:,:i.D. \ 71.260 ACRES 7 ':� (3r10�►077 SQUARE FEET) \ m--7 -:-ate* \ -__r-_.-sue .7�O14 IIC t \ ♦♦\ T „ �y\ A71 FtBCAEC O�JIERY 411YI�.. ♦\ < ®MI / i \ US \ \\ RACT2 : ` yr..... '"`... WOO sue•ORM r fw Aelm•fMO Me rsseA,bMeM r an ♦ \ �\ 31L/32,:-^ - MOO POOLL M MO OM WMOesuxlwno Ye xMMM rIIeIQ Oa Ale ♦ \ - s>rwosNfMIM. \♦ \\ \\ AF te, w"`r'.rMo 5COMM M w wax WAWAor•mooMTe — . ♦ ', FeL ewm MI essres mess, \ S ACCIPBB LET MeILML RIO fIM?owNs NKO mow[Iv la 11.1011.7.11.101.101. V WA�n,M ♦ `` MOO fin MVO N—MY0 A•.L O�IYO�MLKiIY PRELIMINARY PLAT * r•Ar t: TXU LAVON SWITCHING STATION . - �. ma S SITUATED IN THE FRANCISCO DE LA FINA SURVEY, TRACT 3 ,,F dE b. ""' .n ABSTRACT NO.DOS CITY OF WYLIE,COLLIN COUNTY.TEXAS 1�.306 AC(DEDICA110N TO THE CITY OF WILE) ee&Y Y (-gym 4'MdI DK OF[ I I d OY -�.L •F R'M6 wR — � SURVEYOR: OWNERIOEVELOPER .. -•c .=-®i LOPEZOARCNOROUP TXU E. DELIVERY CO. NOTE: PRELIMINARY-PLAT - _ 1525 NARS SUITE 500 BLVD. „C W.7TNSIREET DALLAS,TEXAS 75207 FORT WORTH,TEXAS 70102 FOR REVIEW PURPOSES ONLY a R�o,F�—wh PHONE 121•)7H.,7TT FAX R7MI T�,A/i7 PHONE IHT12,0•IOQ : MINUTES SPECIAL CALLED MEETING WYLIE PARKS AND RECREATION 4B BOARD Monday, January 17, 2005 — 8:30 a.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Board Member John Mondy called the Wylie Parks & Recreation 4B Board to order at 8:50 p.m. with the following members present: John Mondy, Chris Trout,J. C. Worley, Shirley Burnett and Anne Hiney. Board members Eric Hogue and Dan Chestnut were absent. INDIVIDUAL CONSIDERATION 1. Consider and act upon the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation(4B)Officers. Staff Comments Article III, Section 1. of the Parks and Recreation 4B Board states that the officers of the Corporation shall be a chairman and vice-chairman of the board of directors, a president, a first vice president, a secretary and a treasurer and such other officers as the Board may from time to time elect or appoint. Terms of the office shall be two years with the right of an officer to be reappointed. The Board shall select from its members a Chairman of the Board and a Vice- Chairman of the Board. Section 2 of Article III reads that the president shall be the chief operating executive officer of the corporation, and subject to the authority of the Board, the president shall be in general charge of the properties and affairs of the corporation and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments in the name of the Corporation. The City Manager of the City of Wylie shall be president. Section 3 designates the Asst. City Manager as the first vice president Section 4 designates the Finance Director as Treasurer Section 5 designates the City Secretary as the Secretary. Pursuant to this article,the board should re-appoint all officers for a 2 year term.A copy of the 4B Bylaws is attached for your review. Board Action A motion was made by Board Member Worley, seconded by Board member Hiney to appoint John Mondy as Chairman of the Wylie Parks and Recreation Facilities Development Corporation (4B) Board and Board Member Trout as Vice Chairman. A vote was taken and passed 5-0 with Board Members Hogue and Chestnut absent. Minutes—<January 17,2005> Wylie Parks and Recreation 4B Board Page 1 Board Action A motion was made by Board Member Worley, seconded by Board Member Trout to appoint Mark B. Roath as President, Mindy Manson as Vice President, Ron Huthison as Treasurer, and Carole Ehrlich as Secretary. A vote was taken and passed 5-0 with Board Members Hogue and Chestnut absent. ADJOURNMENT With no further business before the board,the meeting was adjourned at 9:05 a.m. John Mondy,Chairman ATTEST: Carole Ehrlich,Secretary Minutes—<January 17,2005> Wylie Parks and Recreation 4B Board Page 2 Wylie City Council and Wylie Parks and Recreation Facilities CITY O F WYLIE Development Corporation Minutes Wylie Parks and Recreation Facilities Development Corporation (4B) Tuesday, September 12, 2006—6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION Announce the presence of a Quorum. 4B Chairman John Mondy called the Wylie Parks & Recreation Facilities Development Corporation to order at 6:05 p.m. with the following members present: Board Member Merrill Young, Board Member Rick White, Board Member Eric Hogue, and Board Member Anne Hiney. Board Members Dan Chestnut and Shirley Burnett were absent. General Business 1. Consider, and act upon, approval of the FY2006-2007 4B Budget, authorizing expenditures for the FY2006-2007 Community Services Facilities Capital Improvement Plan. Staff Comments Public Services Director Mike Sferra explained the highlights of the 4B budget which included: Parks (5614), completing the park area on the west side of Westgate Way, landscaping, irrigation, and signage for the pavilion, and the completion of Valentine Park Improvements for a concrete trail. He explained that the budget also included the purchase of two six foot riding mowers. Projects in the budget for 4B (5615) recreation consisted mainly of a community center van ($65,000) to transport seniors to activities including fuel and maintenance and capital replacement fees. Minutes—September 12, 2006 Wylie Park and Recreations Facilities Development Corporation (4B) Page 1 4B Board Action A motion was made by Board Member Hogue, seconded by Board Member Hiney to approve the FY2006-2007 4B Budget, authorizing expenditures for the FY2006-2007 community Services Facilities Capital Improvement Plan. A vote was taken and passed 5-0 with board members Burnett and Chestnut absent. 2. Consider, and act upon, amendments to the bylaws of the Wylie Parks and Recreation Facilities Development Corporation of the City of Wylie, Texas adopted January 23, 1995, by approval of Resolution No. 2005-37(R) amending the bylaws, by the City Council of the City of Wylie. 4B Board Action A motion was made by Board Member White, seconded by Board Member Hiney to approve amendments to the bylaws of the Wylie Parks and Recreation Facilities development Corporation of the City of Wylie, Texas adopted January 23, 1995, by approval of Resolution No. 2005-37(R) enacted by the City Council and amending the bylaws. A vote was taken and passed 5-0 with Board Member Chestnut and Board Member Burnett absent. ADJOURN Chairman Mondy adjourned the Wylie Parks and Recreations Facilities Development Corporation(4B) Meeting at 6:10 p.m. Consensus of the 4B Board was to adjourn. John Mondy, Chairman ATTEST: Carole Ehrlich, Secretary Minutes—September 12, 2006 Wylie Park and Recreations Facilities Development Corporation (4B) Page 2 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 12, 2006 Item Number: 2 —4B Agenda Department: City Secretary- 4B Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: November 10, 2006 Budgeted Amount: Exhibits: 4B Bylaws and Amendments Subject Consider and act upon the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Officers and to appoint a Chair and Vice Chairman from its board members for a term beginning January 1, 2007 and ending December 31, 2008. Recommendation A motion to appoint as Chairman and as Vice Chairman; and Mindy Manson as President; Jeff Butters as Vice-President; Larry Williamson as Treasurer; Carole Ehrlich as Secretary of the Wylie Parks and Recreation Facilities Development Corporation (4B) for a term beginning January 1, 2007 and ending December 31, 2008. (2 year term) Discussion Article II (b) states; "The corporation Board will chose from among its members a Chairman of the Board and a Vice Chairman of the Board. The Chairman will preside at all board meetings and the Vice Chairman will serve in the absence of the Chairman". Article III, Section 1. of the Parks and Recreation 4B Board states that the officers of the Corporation shall be a chairman and vice-chairman of the board of directors, a president, a first vice president, a secretary and a treasurer and such other officers as the Board may from time to time elect or appoint. Terms of the office shall be two years with the right of an officer to be reappointed. The Board shall select from its members a Chairman of the Board and a Vice-Chairman of the Board. Section 2 of Article III reads that the president shall be the chief operating executive officer of the corporation, and subject to the authority of the Board, the president shall be in general charge of the properties and affairs of the corporation and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments in the name of the Corporation. The City Manager of the City of Wylie shall be president. Page 1 of 2 Page 2 of 2 Section 3 designates the Asst. City Manager as the first vice president Section 4 designates the Finance Director as Treasurer Section 5 designates the City Secretary as the Secretary Pursuant to this article, the board should re-appoint all officers for a 2 year term. A copy of the 4B Bylaws and amendments thereto are attached for your review. Approved By Initial Date Department Director CE 10-30-06 City Manager V ►Y . /a— t 'v 10 • r#9 : i ,`✓ tri • W r(thr .St $tat2 uexaz SECRETARY OF STATE CERTIFICATE OF INCORPORATION OF WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION 01317388-01 The undersigned, as Secretary of State of Texas, hereby certifies that Articles of Incorporation for the above corporation, duly signed pursuant to the provisions of the Development Corporation Act of 1979, have been received in this office and are found to conform to law. ACCORDINGLY, the undersigned, as such Secretary of State, and by virtue of the • ' authority vested in the Secretary by law, hereby issues this Certificate of Incorporation and attaches hereto a copy of the Articles of Incorporation. Dated: June 17, 1994 TE O� Ak ,'•f • 7.FIr� > rr K.:, V., Secretary of State • • E � Corporations Section /��;% �,, � Ronald Kirk • P.O. Box 13697 (=Vt;,i " Austin, Texas 787 1 1-3697 ��l��a Secretary of State Office of the Secretary of State June 27, 1994 WYLIE CITY OF WYLIE ATTN: STEVEN DEITER 2000 HWY. 78N, P.O. BOX 428 WYLIE, TEXAS 75098 RE: WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION CHARTER NUMBER: 01317388-01 The following instrument has been filed in this office: ARTICLES OF INCORPORATION Enclosed is a copy of this instrument for your files. Receipt of your remittance in payment of the filing fee is acknowledged by this letter. Should you require further information or assistance, please call (512) 463-5583. Very truly yours, 1,01144. W aiya-,64 Lorna Wassdorf Deputy Assistant Secretary Statutory Filings Division c: enclosure RR The Office of the Secretary of Slate does not discriminate on the basis of race,color,national origin,sex,religion,age or disability in employment or the provision of services. FILED In the Office of th ARTICLES O F I NCORPORAT=ON Secretary of State of t oF, JUN 171991 • Corporations Scctic WYLIE PARK AND RECREATION FACILaITI ES DEVELOPMENT CORPORAT I ON WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom is at least 18 years of age and is qualified elector of the City of Wylie, Texas (the "City"), acting as incorporators of a public instrumentality and non-profit industrial development corporation(the "Corporation") under the Development Corporation Act of 1979, as amended, Article 5190.6, Tex. Rev. Civ. Stat. Ann., as amended (the "Act"), with the approval of the City Council (the "City Council"), do hereby adopt the following Articles of Incorporation for the Corporation: ARTICLE ONE The name of the Corporation is Wylie Park and Recreation Facilities Development Corporation. ARTICLE TWO The Corporation is a non-profit industrial development corporation under the Act and is governed by Section 4B of the Act. ARTICLE THREE Subject to the provisions of Article Eleven of these Articles, the period of duration of the Corporation is perpetual. ARTICLE FOUR (a) The purpose of the Corporation is to promote economic development within the City and the State of Texas in order to eliminate unemployment and underemployment, and to promote and encourage employment and the public welfare of, for, and on behalf of the City by developing, implementing, providing, and financing projects under the Act and as defined in Section 4B of the Act. 1 (b) In the fulfillment of its corporate purpose, the Corporation shall have the power to provide financing to pay the costs of projects through the issuance or execution of bonds, notes, and other forms of debt instruments, and to acquire, maintain and lease and sell property, and interests therein, all to be done and accomplished on behalf of the City and for its benefit and to accomplish its public and governmental purposes as its duly constituted authority and public instrumentality pursuant to the Act and under, and within the meaning of, the Internal Revenue Code of 1986, as amended, and the applicable regulations of the United States Treasury Department and the rulings of the Internal Revenue Service of the United States prescribed and promulgated thereunder. (c) In the fulfillment of its corporate purpose, the Corporation shall have and may exercise the powers described in paragraph (b) of this Article, together with all of the other powers granted to corporations that are incorporated under the Act and that are governed by Section 4B thereof, and, to the extent not in conflict with the Act, the Corporation shall additionally have and may exercise all of the rights, powers, privileges, authorities, and functions given by the general laws of the State of Texas to nonprofit corporations under the Texas Non- Profit Corporation Act, as amended, Article 1396-1.01, et seq., Vernon's Ann. Civ. St., as amended. (d) The Corporation is a corporation having the purposes and powers permitted by the Act pursuant to the authority granted in Article III, Section 52-a of the Texas Constitution, but the Corporation does not have, and shall not exercise the powers of sovereignty of the City, including the power to tax (except for the power to receive and use the sales and use taxes specified in Section 4B of the Act) and the police power, except that the Corporation shall have . and may exercise the power of eminent domain when the exercise thereof is approved by the City Council. However, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practice and Remedies Code), the Corporation is a governmental unit and its actions are governmental functions. • (e) No bonds, notes, or other debt instruments or other obligations, contracts, or agreements of the Corporation are or shall ever be deemed to be or constitute the contracts, agreements,bonds, notes, or other debt instruments or other obligations, or the lending of credit, or a grant of the public money or things of value, of, belonging to, or by the State of Texas, the City, or any other political corporation, subdivision or agency of the State of Texas, or a pledge of the faith and credit of any of them. Any and all of such contracts, agreements, bonds, notes and other debt instruments and other obligations, contracts and agreements shall be payable solely and exclusively from the revenues and funds received by the Corporation from the sources authorized by Section 4B of the Act and from such other sources as may he otherwise lawfully available and belonging to the Corporation from time to time. ARTICLE FIVE The Corporation has no members and is a non-stock corporation. 2 ARTICLE SIX These Articles of Incorporation may be amended in either one of the methods prescribed in this Article. • (a) Pursuant to the powers of the City contained in Section 17(b) of the Act, the City Council, by resolution, may amend these Articles of Incorporation by filing amendments hereto with the Secretary of State as provided by the Act. (b) The board of directors of the Corporation may file a written application with the City Council requesting approval of proposed amendments to these Articles of Incorporation, specifying in such application the proposed amendments. If the City Council, by appropriate resolution, finds and determines that it is advisable that the proposed amendments be made, authorizes the same to be made, and approves the form of the proposed amendments, the board of directors of the Corporation may proceed to amend these Articles of Incorporation in the matter provided by the Act. (c) The board of directors of the Corporation shall not have any power to amend these Articles of Incorporation except in accordance with the procedures established in paragraph (b) of this Article. ARTICLE SEVEN The street address of the initial registered office of the Corporation is the City Hall, 2000 Highway 78 North, Wylie, Texas 75098 and the name of its initial registered agent at such address is Steven P. Norwood. ARTICLE EIGHT The affairs of the Corporation shall be managed by a board of directors which shall be composed of seven persons appointed by the City Council, who are residents of the City. Three of the directors shall be persons who are not employees, officers, or members of the governing body of the City of Wylie. The incorporators of the corporation, as hereinafter named, shall serve as the temporary initial directors for the corporation until permanent initial directors are appointed by the City Council. The initial terms of the directors shall be staggered so that four members shall expire on May 31 of even numbered years and three members on May 31 of odd numbered years, with the. Council Member Director's initial terms expiring in the same year as their current term of elected office. All subsequent terms shall be for a period of two years. Each director shall hold office for the term for which the director is appointed unless sooner removed or resigned. Each director, including the initial directors, shall be eligible for reappointment. Directors are removable by the City Council at any time with or without cause. If a director of the who is a 3 council member shall cease to be a member of the City Council, such event shall constitute an automatic resignation as a director and such vacancy shall be filled in the same manner as for other vacancies of the same class. Any vacancy occurring on the board of directors through death, resignation or otherwise shall be filled by appointment of the City Council to hold office until the expiration of the vacating member's term. ARTICLE NINE The name and street address of each incorporator is: James D. Swartz 506 W. Jefferson, Wylie, TX 75098 Ortie Messenger 504 Rustic Circle, Wylie, TX 75098 Reta Allen 311 Hilltop, Wylie, TX 75098 Steven R. Wright 406 E. Stone, Wylie, TX 75098 ARTICLE TEN (a) The initial bylaws of the Corporation shall be in the form and substance approved by the City Council. Such bylaws shall be adopted by the Corporation's board of directors and shall, together with these Articles of incorporation, govern the internal affairs of the Corporation until and unless amended in accordance with this Article. (b) Amendments to the bylaws may be initiated by either the City Council or the board of directors. - (c) Neither the initial bylaws nor any subsequently effective bylaws of the Corporation may be amended without the consent and approval of the City Council. The board of directors of the Corporation shall make application to the City Council for the approval of any proposed amendments, but the same shall not become effective until or unless the same shall be approved by resolution adopted by the City Council. ARTICLE ELEVEN (a) The City Council may, in its sole discretion, and at any time, alter or change the structure, organization, programs or activities of the Corporation, and it may terminate or dissolve the Corporation, subject to the provisions of paragraphs (b) and (c) of this Article. (b) The Corporation shall not be dissolved, and its business shall not be terminated, by act of the City Council or otherwise, so long as the Corporation shall be obligated to pay any bonds, notes, or other obligations and unless the collection of the sales and use tax authorized • 4 by Section 4B of the Act is eligible for termination in accordance with the provisions of Section 4B(i) of the Act. (c) No action shall be taken pursuant to paragraphs (a) and (b) of this Article or pursuant to paragraph (b) of Article Twelve of these Articles, in any manner or at any time that would impair any contract, lease, right, or other obligation theretofore executed, granted, or incurred by the Corporation. ARTICLE TWELVE (a) No dividends shall ever by paid by the Corporation and no part of its net earnings remaining after payment of its expenses and other obligations shall be distributed to or inure to the benefit of its directors or officers, or any individual, private firm, or private corporation or association, except in reasonable amounts for services rendered. (b) If, after the close of any fiscal year, the board of directors shall determine that sufficient provision has been made for the full payment of all current expenses, together with all amounts payable on the contracts, agreements, bonds, notes, and other obligations of the Corporation, and that all of the terms, provisions, and covenants therein have been met, then any net earnings derived from sources other than the sales and use taxes collected for the account of Corporation pursuant to Section 4B of the Act thereafter accruing and lease payments received in connection with projects financed pursuant to Section 4B of the Act shall be paid to the City. All sales and use taxes collected for the account of the Corporation pursuant to Section 4B of the Act, and lease payments received in connection with projects financed pursuant to Section 4B of the Act shall be used solely for the purposes permitted by Section 4B of the Act. (c) If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal, or mixed, such funds or property or rights thereto shall not be transferred to private ownership, but shall be transferred and delivered to the City after satisfaction or provision for satisfaction of all debts, claims, and contractual obligations, including any contractual obligations granting rights of purchase of property of the Corporation. (d) No part of the Corporation's activities shall consist of the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in any political campaign of or in opposition to any candidate for public office. ARTICLE THIRTEEN The City has specifically authorized the Corporation by resolution to act on its behalf to further the public purposes stated in said resolution and in these Articles of Incorporation, and the City has by said resolution approved these Articles of Incorporation. A copy of said resolution is on file among the permanent records of the City and the Corporation. 5 INCORPORATORS r / 4'0 �. '?-itt/f7 James D. Swartz • Ortie Messenger Reta lien je-tA,L-7A. _,/z.y,1* Steven R. Wright ACKNOWLEDGEMENT STATE OF TEXAS ) ) ss= COUNTY OF COLLIN ) I, the undersigned Notary Public of the State of Texas, do hereby certify that on this day of June, 1994, personally appeared before me James D. Swartz, Ortie M-. -I ger, Reta Allen, and Steven R. Wright, who, each being by me • ly • orn, seve . 'ideclared that they are the person who signed the foregoing document in • • tors,and •trt the statements therein contained are true and correct. /74 - AdeAdditifr -1". MU P.MITER oE ' Ali / \rOi„ May 14,19S7 ir 6 • INTERDEPARTMENTAL MEMORANDUM • • TO : Mary Nicho7s 11110P FROM: Steve Reiter � SUBJECT : Articles of Incorporation - Wylie Park and R - creation Facilities Development Corp ration DATE : June 30 , 2994 ********************************************************************************* I am forwarding herewith for retention in your records a certified copy of the Articles of Incorporation for the Wylie Park and Recreation Facilities Development Corporation, Charter No. 01317388-01. This corporation is being formed(under Art. 5190.6 4B of VACS)as a result of the January 1994 Election to received and administer the one-half cent sales tax authorized by the election. I am forwarding a duplicate certified copy to Mike Collins for placement and use in the Corporate Record Book for the Corporation. The original of the articles is on file with the Secretary of State in Austin. In the event further certified copies would be needed they are available from the Secretary of State. In addition to the articles I would suggest that you receive and retain a copy of the bylaws as and when the same are adopted and that the original of the bylaws be placed in the official corporate record book. The book should be maintained by the secretary of the corporation at its registered office (vis. 2000 N Hwy 78 - the Municipal Complex). Should you have any questions on these documents or their handling please advise. Thanks 0 enc.) I . #io RESOLUTION 95 - 01 A RESOLUTION OF THE WYLIE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION OF THE CITY OF WYLIE, TEXAS, APPROVING BYLAWS FOR THE WYLIE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION WHEREAS, the City Council has previously authorized the creation of the Wylie Parks and Recreation Facilities Development Corporation under the authority of Section 4B Art. 5190.6 Vernon's Annotated Civil Statutes (the Act); and, WHEREAS, pursuant to such authority the Wylie Parks and Recreation Facilities Development Corporation was duly incorporated by virtue of having Articles of Incorporation filed with the Secreatary of State's Office on the 17th day of June, 1994; and, WHEREAS, a set of Bylaws, prepared in accordance with the Act, was approved by the City Council on the 13th day of September, 1994; and, NOW, THEREFORE BE IT RESOLVED BY THE WYLIE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION OF THE CITY OF WYLIE, TEXAS, that the Bylaws for the Wylie Parks and Recreation Facilities Development Corporation, in the precise form and text as set forth in Schedule A (which is attached) be, and they hereby are, approved pursuant to Section 13 of Article 5190.6 of Vernon's Annotated Civil Statutes. BE IT FURTHER RESOLVED that a certified copy of this Resolution, including a complete copy of Schedule A, will be kept by the secretary of the Parks Corporation for retention in the official corporate records of said corporation. DULY PASSED AND APPROVED by the Wylie Parks and Recreation Facilities Development Corporation this 23rd day of January, 1995. By: K ry others, Chair ATTEST: Mary Ni hol , Secretary • ll. BYLAWS OF WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION ARTICLE I PURPOSE AND POWER Section 1. Purpose. The Corporation is incorporated for the purposes set forth in Article Four if its Articles of Incorporation, the same to be accomplished on behalf of the City of Wylie, Texas (the 'City') as its duly constituted authority and instrumentality in accordance with the Development Corporation Act of 1979, as amended, Article 5190.6, Vernon's Ann. Civ. St., as amended, (the 'Act"), and other applicable laws. Section 2. Powers. In the fulfillment of its corporate purpose, the Corporation shall be governed by Section 46 of the Act, and shall have all powers set forth and conferred in its Articles of Incorporation, in the Act, and in other applicable law, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. ARTICLE II BOARD OF DIRECTORS Section 1. Powers, Numbers and Term of Office (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the 'Board') under the guidance and direction of the Wylie City Council and, subject to the restrictions imposed by law, by the Articles of Incorporation, and by these Bylaws, the Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by the City Council (the 'City Council') of the City and must be residents of the City of Wylie. Each director shall occupy a place (individually, the 'Place'and collectively. the 'Places') as designated herein. Places 1-4 are designated for the City Page 1 of 9 • Councilmember Directors and Places 5-7 are designated for Citizen Boardmembers, of which at least one of the members will be appointed from the Park Board, and one member appointed from the Library Board. These appointments will be classified as citizenmember directors. (c) The directors constituting the first Board shall be those directors named in the Articles of Incorporation. Successor directors shall have the qualifications, shall be of the classes of directors, and shall be appointed to the terms set forth in the Articles of Incorporation. (d) The Corporation Board will chose from among its members a Chairman of the Board and a Vice Chairman of the Board. The Chairman will preside at all board meetings and the Vice Chairman will serve in its absence of the Chairman. (e) Any director may be removed from office by the City Council at will, Section 2. Meetings of Directors. The directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation as specified in Article V of these Bylaws. Section 3. Notice of Meetings. (a) Regular meetings of the Board shall be held without the necessity of notice to the directors at such times and places as shall be designated from time to time by the Board. Special meetings of the Board shall be held whenever called by the Chairman of the Board, a majority of the directors, or by a majority of the City Council. (b) The secretary shall give notice to each director of each special meeting in person or by mail, telephone or by facsimile. at least two (2) hours before the meeting. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a special meeting. At any meeting at which every director shall be present, even though without any notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon consistent with applicable law. (c) Whenever any notice is required to be given to the Board, said notice shall be deemed to be sufficient if delivered to their home address in a sealed wrapper addressed to the person entitled thereto or by depositing same in a post office box in a sealed post-paid wrapper addressed to his or her post office address as it appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of such mailing or delivery. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds Page 2 of 9 that the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting need be specified in the notice of such meeting, unless required by the Board. A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Section 4. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held, and conducted, and notice shall be given to the public, in accordance with the Texas Open Meeting Act, Article 6252-17, Vernon's Ann. Civ. St., as amended. Section 5. Quorum. A majority of the directors shall constitute a quorum to conduct official business of the Corporation. The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board and of the Corporation, unless the act of a greater number is required by law. Section 6. Conduct of Business. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the Board. (b) At all meetings of the Board, the Chairman of the Board shall preside. In the absence of the Chairman, the Board Vice Chairman shall preside. (c) The chairman will be a voting member of the board. (d) The secretary of the Corporation shall act as secretary of all meetings of the Board, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. Section 7.' Committees of the Board. The Board may designate two (2) or more directors to constitute an official committee of the Board to exercise such authority of the Board. It is provided, however, that all final, official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. Section 8. Compensation of Directors. Directors shall not receive any salary or compensation for their services as directors. However, they shall be reimbursed for their actual expenses incurred in the performance of their official duties as directors. Page 3 of 9 ARTICLE III OFFICERS Section 1. Titles and Terms of Office (a) The officers of the Corporation shall be a chairman and vice-chairman of the board of directors, a president, a first vice president, a secretary and a treasurer, and such other officers as the Board may from time to time elect or appoint. Terms of office shall be two (2) years with the right of an officer to be reappointed. The Board shall select from its members a Chairman of the Board and a Vice-Chairman of the Board. (b) All officers shall be subject to removal from office at any time by vote of a majority of the City Council. (c) A vacancy in the office of any officer shall be filed by a vote of a majority of the directors and the City Council. Section 2. Powers and Duties of the President. The president shall be the chief operating executive officer of the Corporation, and, subject to the authority of the Board, the president shall be in general charge of the properties and affairs of the Corporation, and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages. notes and other instruments in the name of the Corporation. The City Manager of the City of Wylie shall be president. Section 3. Vice President. The vice president shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the president during that officer's absence or inability to act, in their respective order. Any action taken by the vice president in the performance of the duties of the president shall be.conclusive•evidence of the absence or inability to act of the president at the time such action was taken. The Assistant to the City Manager shall be the first vice- president. Section 4. Treasurer. The treasurer shall have the responsibility to see to the handling, custody, and security of all funds and securities of the Corporation in accordance with these bylaws. when necessary or proper, the treasurer may endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations in or drawn upon such bank, banks or depositories a shall be designated by the Board consistent with these Bylaws. The treasurer shall see to the entry in the books of the Corporation full and accurate accounts of all monies received and paid out on account of the Corporation. The treasurer shall, at the expense of the Corporation, give such bond for the faithful discharge of his/her duties in such form and amount as the Board or the City Council may require. The Director of Finance of the City shall be Page 4 of 9 treasurer. All check writing authority will follow applicable City policies concerning authorizations, signatures and disbursements. Section 5. Secretary. The secretary shall keep the minutes of all meetings of the Board in books provided for that purpose, shall give and serve all notices, may sign with the president in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages,notes and other documents and instruments, except the books of account and financial records, securities, and such other books and appears as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the office of the Corporation during business hours, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. The City Secretary shall be the secretary. Section 6. Any assistant treasurer and any assistant secretaries may, at the option of the Board, be employees of the City and the legal counsel shall be the attorney for the City and he shall designate any other attorney needed by the Corporation. Section 7. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their official duties as officers. ARTICLE IV FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 1. Facilities Capital Improvement Plan (a) It shall be the duty and obligation of the Board to finance and implement the 'Community Services Facilities Capital Improvement Plan' as adopted by the Wylie City Council. (b) In carrying out its obligations under section (a), the Corporation shall be authorized to exercise all rights and powers granted under the act, including, but not limited to Section 4B thereof. (c) The Board shall periodically submit reports to the City Council as to the status of its activities in carrying out its obligations under this Section. Page 5 of 9 (d) Any and all agreements between the Corporation and other parties shall be authorized, executed, approved, and delivered in accordance with applicable law. Section 2. Multi-Year Financial Plan (the 'Plan"). Prior to the beginning of the Fiscal Year, the president will submit a Multi-Year Financial Plan to the City Council for approval. The Plan will detail the utilization, investment and expenditure of funds and Debt scheduling for the Corporation. The Plan will serve as the financial guide for the corporation. The Board will approve the plan prior to the adoption of the Corporation's fiscal budget. Section 3. Annual Corporate Budget. Prior to the commencement of each Fiscal Year of the Corporation, the Board shall adopt a proposed budget of expected revenues from sources set out in Section 6 of this article and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the City Council. The president shall submit the budget to the City Council for approval prior to submittal to the Board for final adoption. The projection of revenues and all expenditures in the annual corporate budget will follow the guidelines outlined in the Multi-Year Financial Plan as adopted by the Board and the City Council. The budget will include administrative overhead, expenses and debt service. Section 4. Books, Records, Audits. (a) The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principals, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. (b) At the direction of the City Council, the books, records, accounts, and financial statements of the Corporation may be maintained for the Corporation by the accountants, staff and personnel of the City. (c) The Corporation, or the City if the option described in subsection (b) is selected, shall cause its books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent, auditing and accounting firm selected by the City Council and approved by the Board. Such an audit shall be at the expense of the Corporation. Section 5. Deposit and Investment of Corporation Funds. (a) All proceeds from loans or from the issuance of bonds, notes, or other debt instruments ("Obligations') issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture, or other documents authorizing or relating to their execution or issuance. (b) Subject to the requirements of contracts, loan agreements, indentures or other agreements securing Obligations, all other monies of the Corporation, if any, shall be Page 6 of 9 deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City. The Board, with City Council approval, shall designate the accounts and depositories to be created and designated for such purposes, and the methods of withdrawal of funds there from for use by and for the purposes of the corporation upon the signature of its treasurer and such other persons as the Board designates. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the Department of Finance of the City. Section 6. Expenditures of Corporate Money. The sales and use taxes collected pursuant to Section 4B of the Act and proceeds from the investment of funds of the Corporation, the proceeds from the sale of property, and the proceeds derived from the sale of Obligations, may be expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations: (i) Expenditures from the proceeds of Obligations shall be identified and described in the orders, resolutions, indentures, or other agreements submitted for the approval by the City Council prior to the execution of loan or financing agreements or the sale and delivery of the Obligations to the purchasers thereof required by Section 7 of this Article; (ii) Expenditures that may be made from a fund created with the proceeds of Obligations, and expenditures of monies derived from sources other than the proceeds of Obligations may be used for the purpose of financing-or,, otherwise providing one or more Projects', as defined in Section 48 of the act. Expenditures shall be detailed in the Corporation's annual budget as approved by City Council and Board resolutions; (iii) All proposed expenditures shall be made in accordance with and shall be set forth in the Corporation's annual budget required by Section 3 of this Article or in contracts meeting the requirements of Section 1(d) of this Article. Section 7. Issuance of Obligations. No obligations, including refunding obligations, shall be authorized or sold and delivered by the Corporation unless the City Council shall approve such Obligations by action taken prior to the date of sale of the obligations. Page 7 of 9 ARTICLE V MISCELLANEOUS PROVISIONS Section 1. Principal Office. (a) The principal office and the registered office of the Corporation shall be the registered office of the Corporation specified in the Articles of Incorporation. (b) The Corporation shall have and shall continually designate a registered agent at its office, as required by the Act. Section 2. Fiscal Year. The fiscal year of the Corporation shall be the same as the fiscal year of the City. Section 3. SeaL The Seal of the corporation shall be determined by the Board of Directors. Section 4. Resignations. Any director or officer may resign at any time. Such resignation shall be amended in writing and shall take effect at the time specified therein, or, if no time is specified, at the time of its receipt by the Secretary. The acceptance of resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 5. Approval or Advice and Consent of the City Council. To the extent that these Bylaws refer to any approval by the City or refer to advice and consent by the City Council, such advice and consent shall be evidenced by one for the following; resolution, minute order or motion duly adopted by the City Council. Section 6. Services of City Staff and Officers. Subject to the authority of the City Manager under the Charter of the City, the Corporation shall utilize the services and the staff employees of the City. All requests for staff time or inquiries of Staff will be requested through the City Manager's Office. The Corporation shall pay reasonable compensation to the City for such services, and the performance of such services does not materially interfere with the other duties of such personnel of the City. Section 7. Indemnification of Directors, Officers and Employees. (a) As provided in the Act and the Articles of Incorporation, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. Page 8 of 9 (b) The Corporation shall indemnify each and every member of the Board, its Officers and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorneys fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. The attorney for the Corporation is authorized to provide a defense for members of the Board, officers, and employees of the Corporation. ARTICLE VI EFFECTIVE DATE, AMENDMENTS Section 1. Effective Date. These Bylaws shall become effective upon the occurrence of the following events: (1) the approval of these Bylaws by the City Council; and (2) the adoption of these Bylaws by,the Corporation Board. Section 2. Amendments to Articles of Incorporation and Bylaws. The Articles of Incorporation of the Corporation and these Bylaws may be amended only in the manner provided in the Articles of Incorporation and the Act. Page 9 of 9 RESOLUTION NO.2005-37(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, AMENDING RESOLUTION 95-01 AND THE BYLAWS OF THE WYLIE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION OF THE CITY OF WYLIE, TEXAS ADOPTED JANUARY 23, 1995. WHEREAS, the City Council has previously authorized the creation of the Wylie Parks and Recreation Facilities Development Corporation under the authority of Section 4B Art. 5190.6 Vemon's Annotated Civil Statutes(the Act); and, WHEREAS, pursuant to such authority, the Wylie Parks and Recreation Facilities Development Corporation was duly incorporated by virtue of having Articles of Incorporation filed with the Secretary of State's Office on the 17th day of June, 1994; and, WHEREAS, a set of these Bylaws, prepared in accordance with the Act, was approved by the Wylie City Council on the 13` day of September, 1994; and, WHEREAS,it is deemed necessary to make amendments to these Bylaws, NOW, THEREFORE BE IT RESOLVED BY THE WYLIE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that the Bylaws for the Wylie Parks and Recreation Facilities Development Corporation be amended in the precise form and text as set forth in Attachment A, attached hereto and incorporated for all purposes, pursuant to Section 13 of Article 5190.6 of Vemon's Annotated Civil Statutes. BE IT FURTHER RESOLVED that the Wylie Parks and Recreation Facilities Development Corporation will adopt such amendments approved by the Wylie City Council at their next Regular Meeting pursuant to Article Ten (b) and (c) of the Articles of Incorporation. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas, on this the 6th day of December,2005. Joh Mondy, r . .. . ��ii ATTEST: SE/kJ Carole Ehrlich, City Secretary '., E��s ��;•� Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 1 of 6 AMENDMENTS TO BYLAWS OF WYLIE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION The following Sections of the Bylaws of Wylie Park and Recreation Facilities Development Corporation adopted by Resolution 95-01 are amended as set forth below: Article II — Board of Directors, Section 1 — Powers, Numbers and Term of Office, Subsections (b) and (c) are amended to read as follows: (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by the City Council (the "City Council") of the City and must be residents of the City of Wylie. Each director shall occupy a place (individually, the "Place" and collectively, the "Places") as designated herein. Places 1-4 are designated for the City Councilmember Directors and Places 5-7 are designated for Citizen Board members, of which at least one of the members will be appointed from the Park Board. These appointments will be classified as citizen member directors. (c) Each member of the Board shall be appointed by the City Council for a two (2) year term. Any vacancy occurring before a term is completed shall be filled by appointment by the City Council as set forth in the Articles of Incorporation. All directors shall have the qualifications set forth herein and in the Articles of Incorporation. Article II — Board of Directors, Section 3 — Notice of Meetings is amended to read as follows: Section 3. Notice of Meetings. To the extent that the Open Meetings Act conflicts with the provisions of this section, the Open Meetings Act shall govern. (a) Regular meetings and Special meetings of the Board shall be held, following written notice to the Directors by the City Secretary, at such times and places as shall be designated from time to time by the Board. Written notice to each Director may be provided by first class mail, electronic mail or hand delivery and shall be considered provided on the day it is sent and the written notice shall be sent on or before the date the notice of the meeting is posted at City Hall in accordance with the Open Meetings Act. Special Meetings of the Board shall be held whenever called by the Chair of the Board, by a majority of the directors, by the Mayor of the City, or by a majority of the City Council. Nothing contained in this Section 3 shall vitiate the notice requirements contained in Section 4 hereafter. (b) The City Secretary shall give notice to each director of each Special Meeting in person, by mail, by electronic mail, or telephone, at least seventy two (72) hours before the meeting, unless deemed an emergency meeting by Section 551.045 of the Open Meetings Act. Such notice shall be considered provided on the day it is sent or on the day it is verbally conveyed or on the day a voice message is left with the notice information. Unless otherwise indicated in the notice thereof, any and all matters Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 2 of 6 pertaining to the purposes of the Corporation may be considered as acted upon at a Special Meeting. At any meeting at which every director shall be present, even though without notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon consistent with applicable law. Whenever any notice is required to be given to the Board, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his or her post office address as it appears on the books of the Corporation or said notice shall be deemed sufficient if sent by electronic mail to the person entitled thereto at his or her electronic mail address as it appears on the books of the Corporation. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Article II —Board of Directors, Section 4—Open Meetings Act is amended to read as follows: Section 4. Open Meetings Act. Notwithstanding anything contained herein to the contrary, all meetings and deliberations of the Board shall be called, convened, held and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, Texas Government Code (Vernon's) Chapter 551, as amended (herein referred to as the"Open Meetings Act"). Article II—Board of Directors, Section 9 —Powers and Duties of the Chairman and Vice Chairman of the Board is added to read as follows: Section 9. Powers and Duties of the Chairman and Vice Chairman of the Board. The Chairman of the Board (the "Chair") shall be the presiding officer of the Board with the following authority: (a) Shall preside over all meetings of the Board. (b) Shall vote on all matters coming before the Board. (c) Shall have the authority, upon notice to the members of the Board as set forth herein, to call a special meeting of the Board when in his or her judgment such a meeting is required. (d) Shall have the authority to appoint, with Board approval, standing committees to aid and assist in its business undertakings or other matters incidental to the operations and functions of the Board. Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 3 of 6 (e) Shall have the authority to appoint, with Board approval, ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above mentioned duties, the Chair shall perform all duties incidental to the office, and such other duties as shall be prescribed from time to time by the Board. The Vice Chair shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the Chair of the Board during that officer's absence or inability to act. Any action taken by the Vice Chair in the performance of the duties of the Chair of the Board shall be conclusive evidence of the Chair's absence or inability to act as Chair at the time such action was taken. Article III — Officers, Section 1 — Titles and Terms of Office and Section 3 — Vice President is amended to read as follows: Section 1. Titles and Terms of Office. (a) The officers of the Corporation shall be a President, a Vice President, a Secretary and a Treasurer, and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the President shall not hold the office of Vice President or Secretary. Terms of office shall be two (2) years,with the right of an officer to be reappointed. (b) All officers shall be elected by and be subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled for the remaining term by a vote of a majority of the entire Board. (d) All officers shall be subject to removal from office at any time by a vote of the majority of the City Council. Section 3. Vice President. The Vice President shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the president during that officer's absence or inability to act. Any action taken by the Vice President in performance of the duties of the President shall be conclusive evidence of the absence or inability to act of the president at the time such action was taken. The Assistant City Manager shall be the Vice President. Article IV — Functional Corporate Duties and Requirements, Section 1 — Facilities Capital Improvement Plan and Section 2 — Multi-Year Financial Plan are hereby amended to read as follows: Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 4 of 6 Section 1. Facilities Capital Improvement Plan. (a) It shall be the duty and obligation of the Board to finance and implement the Facilities Capital Improvement Plan as adopted by the Wylie City Council. (b) In carrying out its obligations under Section (a), the Corporation shall be authorized to exercise all rights and powers granted under the Act, including, but not limited to Section 4B thereof. (c) The President shall periodically submit reports to the City Council as to the status of its activities in carrying out its obligations under this Section. (d) Any and all agreements between the Corporation and other parties shall be authorized, executed, approved, and delivered in accordance with applicable law. Section 2. Multi-Year Financial Plan (the "Plan'). Prior to the beginning of the Fiscal Year, the President will submit a Multi-Year Financial Plan to the City Council for approval. The Plan will detail the utilization, investment and expenditure of funds and Debt scheduling for the Corporation. The Plan will serve as the financial guide for the corporation. The Board will approve the plan prior to or contemporaneously with the adoption of the Corporation's fiscal budget. Article V — Miscellaneous Provisions, Section 4 — Resignations and Section 7 — Indemnification of Directors, Officers and Employees are hereby amended to read as follows: Section 4. Resignations. Any director or officer may resign at any time. Such resignation shall be tendered in writing and shall take effect at the time specified therein, or, if no time is specified, at the time of its receipt by the Secretary. The acceptance of resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Any director no longer serving in the capacity for which he was appointed will be deemed resigned and a qualified replacement will be appointed by the City Council. Section 7. Indemnification of Directors, Officers and Employees. (a) As provided in the Act and the Articles of Incorporation, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code, as it exists or may be amended), a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorneys fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. The Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 5 of 6 attorney for the Corporation is authorized to provide a defense for members of the Board, officers, and employees of the Corporation. Adopted this 6th day of December,2005. y C an of the Board Print Name: John Mondy Attest: G4'2i1 SI Secretary of the orporation Print Name: Carole Ehrlich APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE BY RESOLUTION NUMBER 2005-37(R)ON THE 6th DAY OF DECEMBER,2005. Ma r of the ity Wylie,Texas ,o,,i Drug, ame: John Mondy Attest: ; , • _.:.z / g-1.6440st %) • CityK ry Print Name: Carole Ehrlich Resolution No.2005-37(R) Amendment to Wylie 4B Bylaws 2005 Page 6 of 6 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 12, 2006 Item Number: 1 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: 12/01/06 Budgeted Amount: Exhibits: Six Subject Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-72 amending the zoning from Agriculture (A)to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. ZC 2006-15 A THREE-FOURTHS MAJORITY VOTE BY COUNCIL IS REQUIRED TO APPROVE THE REQUEST(6 OF 7). Recommendation Motion to accept Planning and Zoning Commission's recommendation of denial to amend the zoning from Agriculture (A) to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. Discussion Owner: Arapaho East, Inc. Applicant: LGD Properties, Inc. The subject property is located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. The applicant is requesting to rezone the subject property to allow for townhouse development. The proposal will include approximately 41 townhouse units on 5 acres. The property is an odd triangular shape tract that is bordered by Industrial District and a twenty-foot high berm to the west and a single lane road, which is proposed to be realigned in the subject development. To the east is a Planned Development District currently under construction for mixed use development including residential of varied densities and commercial uses to the east. The entire tract will be developed to Townhouse (TH) District standards with a minimum of 3,500 square feet for exterior lots with side yards and 3,000 square feet for interior lots without side yards. Minimum dwellings size shall be 1,200 square feet. The Planning and Zoning Commission voted 3-2 to deny the proposed request at its November 7, 2006 meeting. Notification/Responses: Five(5)notifications were mailed,with no written responses returned at the time of posting. Approved By Initial Date Department Director /14')1 RO 12/01/06City Manager 1 a S V 6 Page 1 of 1 � �' � fp' �*%. Subject ��:� t . ` ' I,,.s Property J Qn, moo\ h '41., 14 IR i \--V.' /'/ '' //;*' 4` v• //// ____ ice% 'a State Highway No'. 78 - , l _� ,, __. LOCATION MAP ZONING CASE #2006-15 ORDINANCE NO. 2006-72 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2006-15, TO TOWNHOUSE (TH) DISTRICT FOR TOWNHOUSE DEVELOPMENT;; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Townhouse (TH) District allowing residential uses, said property being described in Exhibit"A", attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No.2006-72 Zoning Case No.2006-15 SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 12`h day of December, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—December 20,2006 Ordinance No.2006-72 Zoning Case No.2006-15 Exhibit"A" Legal Description Zone Case#2006-15 BEING a tract of land situated in the Francisco de la Pina Survey, Abstract No. 688 in the City of Wylie, Collin County, Texas and being a portion of Tract 1 conveyed to Jesse Geneva Boyd, Trustee and her successors in Trust, of the Boyd Living Trust dated November 29, 1993, as evidenced in a Special Warranty Deed recorded in County Clerk's File No. 94-0059168, Land Records of Collin County, Texas (LRCCT), and being more particularly described by metes and bounds as follows (bearings are based on the northern boundary line of Lot 1, Block B of Woodlake Village Two, as shown on the Final Plat of same recorded in County Clerk's File No. 95-0014915, Plat Records of Collin County, Texas [PRCCT]): BEGINNING at a fence post found for the northwest corner of Tract 1 of said Boyd tract and the southwest corner of a called 36.471 acre tract of land conveyed to North Texas Municipal Water District as evidenced in a deed recorded in Volume 3713, Page 417, LRCCT, a found concrete monument bears North 01°58'06"East, a distance of 1,058.90 feet; THENCE South 88°24'15"East, along the common boundary line of said North Texas Municipal Water District tract and said Boyd tract, and generally along a wire fence, a distance of 601.79 feet to a 5/8-inch"KHA" capped iron rod set for a point in the westerly right-of-way line of County Road No. 389 (a 60-foot wide right-of-way)recorded in Volume 3227, Page 442, LRCCT, said point being in a non-tangent curve to the right, a radial bearing from said point bears North 58°21'39" West; THENCE southwesterly along said westerly right-of-way line, generally along a wire fence and the arc of said curve to the right,having a central angle of 20°46'29", a radius of 1,020.00 feet and an arc distance of 369.84 to a 5/8-inch"KHA" capped iron rod set for the beginning of a curve to the left; THENCE continuing southwesterly along said westerly right-of-way line, said wire fence and the arc of said curve to the left,having a central angle of 36°59'01", a radius of 1,080.00 feet and a arc distance of 697.12 feet to a railroad spike set for a corner in the east boundary line of a called 142.262 acre tract of land conveyed to North Texas Municipal Water District as evidenced in a deed recorded in Volume 3713, Page 417, LRCCT; THENCE North 01°48'09"East, departing said westerly right-of-way line of County Road No. 389 and along said east boundary line, a distance of 858.89 feet to the POINT OF BEGINNING and containing 5.032 acres of land, more or less. Ordinance No.2006-72 Zoning Case No.2006-15 Feb-20-05 16:35 From-CO DALLAS +214534044T 7-563 P.002/OJ2 F-T29 C.C$1..i*C1' ri..7. Tri 7....... • 7.7.\. .irzy . . iiiiitiiiiiii _ii. •. . gc' P..,64cc.�„.. IL - . . -47 b �O F.---. I 41 LO7S X%II 4 (r P.' . V Nto� ce.,p,FtTE(L ; ssRASS NOTIFICATION REPORT APPLICANT: Larry DeBerry with LGD Properties,Inc. APPLICATION F;LE #2006-15 PO Box 2589 Wylie,Texas 75098 #0 BLK/ABST LOT/TRACT TAX I-D.# PROPERTY OWNER NAME I ADDRESS Applicant-Larry DeBerry PO Box 2589 1 LGD Properties,Inc. Wylie,Texas 75098 PO Box 2408 2 Abst 688-1 Tract 74 R-6688-001-0740-1 North Texas Municipal Water District Wylie,Texas 75098 PO Box 2408 3 Abst 688-2 Tract 29 R-6688-002-0290-1 North Texas Municipal Water District Wylie,Texas 75098 5949 Sherry Lane#1225 4 Abst 688-2 Tract 72 R-6688-002-0720-1 ANapano East,Inc. Dallas,Texas 75225 Col In County 210 S.McDonald Street 5 CR 389 Commissioner's Court McKinney,Texas 75069 6 7 8 9 10 11 12 13 14 15 16 17 18 may., Tr /21 A.&88 ( A GSg-2 Tr 72' rr1� !r 72 oa` a ` o 0 ��'` S Oco ft M _O cc z C / / O / / U / / OWNER LOCATION MAP ZONING CASE #2006-15 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 12,2006 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 12/04/06 Budgeted Amount: Exhibits: One Subject Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-73 regarding an amendment to Article 2, Section 2.2.B of the Zoning Ordinance that requires complete annexation prior to a zoning application being accepted. Recommendation Motion to accept Planning and Zoning Commission's recommendation of approval to amend Article 2, Section 2.2.B of the Zoning Ordinance to require complete annexation prior to a zoning application being accepted. Discussion The ordinance being presented will restrict accepting a zoning application prior to property being annexed into the city limits of Wylie. The current ordinance in place does not clearly prohibit zoning running concurrent with annexation. Considerations: 1. Land must be annexed to receive City services (i.e., fire and police services, utilities, community services, and refuse collection, as well as planning and zoning related services). 2. No change to the official Zoning District Map and zoning district boundaries shall be authorized without the approval of a zoning application. 3. The application shall be processed in accordance with the requirements of Article 8-Development Review Procedures, of this Zoning Ordinance, as amended. 4. No change to the official Zoning District Map and zoning district boundaries shall be authorized or become effective without final action of the Council or a court of competent jurisdiction. 5. No application for zoning shall be accepted for filing unless annexation of the property for which the zoning is sought has been completed. The Planning and Zoning Commission voted 5-0 to approve the amendment. Approved By Initial Date Department Director I/IMRO 12/04/06 City Manager 'l l la 'b /ob Page 1 of 1 ORDINANCE NO. 2006-73 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ARTICLE 2, SECTION 2.2, PARAGRAPH B OF THE ZONING ORDINANCE ADOPTED AS ORDINANCE NO. 2001-48 AND INCORPORATED AS APPENDIX A OF THE WYLIE CODE OF ORDINANCES, AS AMENDED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that Article 2, Section 2.2, Paragraph B of the City of Wylie, Texas ("Wylie") Comprehensive Zoning Ordinance No. 2001-48 incorporated as Appendix A of the Wylie Code of Ordinances ("Code"), as amended, should be amended; and WHEREAS, Chapter 211 of the Texas Local Government Code only authorizes Wylie to establish zoning districts within the city limits; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Comprehensive Zoning Ordinance No. 2001-48 and Appendix A of the Code as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Wylie's Comprehensive Zoning Ordinance No. 2001-48, Article 2 (Districts and Zoning District Maps), Section 2.2 (Zoning District Map), Paragraph B. Article 2 (Districts and Zoning District Maps), Section 2.2 (Zoning District Map), Paragraph B Ordinance No.2006-73 Ordinance Amending the Zoning Ordinance Page 1 461693.v1 of Wylie's Comprehensive Zoning Ordinance No. 2001-48, which is incorporated as Appendix A of the Code, as amended, is hereby amended to read as follows: B. Amendments to Zoning District Map and District Boundaries No change to the official Zoning District Map and zoning district boundaries shall be authorized without the approval of a zoning application. The application shall be processed in accordance with the requirements of Article 8-Development Review Procedures, of this Zoning Ordinance, as amended. No change to the official Zoning District Map and zoning district boundaries shall be authorized or become effective without final action of the Council or a court of competent jurisdiction. No application for zoning shall be accepted for filing unless annexation of the property for which the zoning is sought has been completed. SECTION 3: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under Ordinance No.2006-73 Ordinance Amending the Zoning Ordinance Page 2 461693.v1 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 on thisl2th day of December, 2006. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of publication in The Wylie News—December 20, 2006 Ordinance No.2006-73 Ordinance Amending the Zoning Ordinance Page 3 461693.v1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 12,2006 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 12/06/06 Budgeted Amount: Exhibits: Five Subject Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-74 regarding an amendment to Article 3, Section 3.4 lighting requirements of the Zoning Ordinance specifying spacing distance between poles. Recommendation Motion to approve Ordinance No. 74 amending Article 3, Section 3.4 lighting requirements of the Zoning Ordinance specifying a distance ranging from 250 feet to 350 feet between lights placed on alternating sides, and authorizing the City Engineer to review Street Light Plans and to alter the light spacing as needed. Discussion The current ordinance has separate requirements for lighting along open space and lighting along sidewalks. Article 3, Section 3.4 states that open space easements, public walkways and trails must provide solar-controlled lighting on 10-12 feet decorative poles every 100 feet, while all sidewalk lighting in residential districts must be on decorative poles spaced every 150 feet at intersections and mid-block. Discussions with builders led staff to research space requirements for lighting in residential subdivisions. After researching several city codes, staff finds that there is no set distance requirement, but rather a matter of preference. The distances vary by city, ranging from a maximum of 600 feet to 150 feet along residential collector streets. The previous zoning ordinance allowed maximum spacing of 200 feet apart on each side of the street. The new code has a street light approximately at every other lot. In discussing the issue with FEC and TXU the estimated cost is $20.00 with 100 watt bulb, per month for the City. From a traffic stand point the street lights are recommended at intersections, dead-ends, and cul-de-sacs. From a safety issue, the Police Department considers the lights as a security blanket and encourages all pedestrians to be in a state of awareness and that more lights do not necessarily deter crime. The Planning and Zoning Commission voted 5-1 to recommend that street lights along residential roadways be placed at a distance ranging from 250 feet to 350 feet on alternating sides. In addition, the Commission is recommending that street light plans be submitted for each new subdivision to the City Engineer for final approval prior to construction. Because street lengths vary and to ensure that a light is placed at every intersection may require some distances to be altered. Therefore, the Commission recommends that the City Engineer be allowed to alter the distance as he deems necessary to accomplish adequate lighting. Included in the packet are maps depicting various subdivisions throughout the City showing distances between street lights. Page 1 of 2 Page 2 of 2 The chart below depicts distances between street lights for selected subdivisions within the City of Wylie. Distance Intersection Midblock Same Side Alt. Side Creekside 1 400 X X X Quail Meadow 370 X X X Pointe North 2 250 X X X Wylwood Estates 600 X Woodbridge 10C 80' - 165' X Woodbridge 10D 120' -260' X Wylie Lakes 100' X Approved By Initial Date Department Director RO 12/06/06 City Manager 1 ' WI 46/0ii • ..k_ --- 1 1, \.---- 1...•••--.----- i \,- S..--../„. Mr-..A.is."" fr[=;311111117 W.Z.Mar2.111-111.--L.-"-'3U-..1 ...... ."..• .--'"7-1.1,-.11 mows orm3IIIIIIM7V07171. 111111CfallIME=W17:1J:JWL11.11111111•111a1 1 C MINI0111011L3..0=11 .M.1 11111111•23216=1119122D116739 X .........\ 1, \.....--"-....... X /‘••• .".............._ -,.... 1.7/ 1110111711909_61/rt-tP-.----. 1, 1•11199161111.11.3111116.31111EIC •-• , \ -3. ME11/1219=IM 1N-2712-122 MOM .n9T7-2. .- -,-.10111iTT'66.7-2 ..11iu-'1'r-.1,1116 r. ki„..)40• 0;,......,......f„5.,,T. .\_. _ --\\ k ___\ K. ..II„,. - -- 1 t__- „, --r---,_'----._ 11111W11111Mt1.11 1.90.111117. 19"11;16C•-•-"r7, IIMR19 / -... •111116T1MMTC6119=97212•11 MIK.2.161111=. I- HIE.-,-M-60166160/9=1121-611111290 , . / ar---L----1.____.,..._ mirortININFIrril ElltillOG•1•119,921611C115.4 \ .N '7-- ,4.i$°411-r ''a ‘ 1 i 1 / iocceRtrali .Z/ ------• IIIIIMUMMU211M111 IIMIEL17.7-.21 .1-.•14-.2:65 .011err-',TorillirX ‘. X I 1 ) X / • 10C MIIMCOMET-CM/793.1,926-1 illiWimirGI-rrirw=ErAii - •,1114-2.6 IMINFC•11/MLI..-1!==2 =T6'.=9:Z3-1,11/07.,1/F7:1131S-121712T91•766 \........-•1211t9r6tef , ....J I L 4,/ <it =M113111111117:11MMOS 111119.6COM=4116,651C17,- .9••=1/UTT--•'..1 ....cr. I-., 1 ! 1111911181116.2321/1/1==-,.. a M111-67110C1-2". 1. .219.,..711193.41 -11313 0. \ "02r- .......'..t...;'...CIXIW 0104+W CNC.--- •SOL J. .......,... IIMICSIMIII,L.57M119-992-1'96-5 1161101•11=3921111-6=14,01119. \ \ ‘ • 161. 0,120,ira.P.pr-o.ri---.-----I-- -L-...,.__ / 1 ...7 ce.rippr - 131M1.2691M62.r •••'-11"9-. :91 11119,120,2F6Cr...16,613.921 •1921.62 's \ -•Or ......___ •,.. MIMICIIMFT"' S imill,1.21.112,2•1116,VIO ... -91•132.71 11011176-119119642011 miry Amirrctrii m..A is bilri•-•'...-VI-1MM ..,• k A.-- .. . --,: - - . .... -4- EaM 2 11•11111,/UM6111=1119-. ... 1 =CUM ,MITS7iEt.i.M1119:9111111.2.6.61.119.,T+ MIKI.711111611:511Mil-1,==1 111111111u=11111.111.7..-Z52-31W..-to --,....„_. 2969.749161112-CK .1•11-...,MST mr.rismu-r---.....inr:•1•,mmisr=irr.1 mu.: I \ \ X11.1- ........'''';*..y- .. r,...-.-----SIC s-1----------- ......". i'.ii 'I' 1 ' "" ..f ame.FL-..,7,m,, , m•---,,mirrrmivrAlir rar -- 111111", 616111166111119-Ar.1.61161T=7/1 ME99•4-1111087MIIMOICTT7--. -,62216 s u., ,.......T.-:.„6 6 2 .-: • 4.,M• • MOM 1111MRAZWIT7.7,11 Mgr tiMMIVArSilL,=1111E1111...1.,FarEalM-2,. .-.\-\'''--1- - IIIIIMilNIMIFIITi Intrirmr=11111,:rarisr,-...M.Turri:.r.,; --.7.4;int.. -s, • S. •- % • 5 IINNITM/N919.7•1 ...• Eivn.. or-Tnicrrnornmv--.Hor_rl mormiawrzia ... a usirqiumr,: sea, .,,,,....iwocr., ...-A:\ •-i'l.a , ,S, ' 1 0 t ' I ° i AV '' , .6‘ \.', .......t • ' mar , . L.,' .I r .• • -....,_ --.. IMMT.E=9,.. a.4"...."'....P ,--:::.-„..:-. -... ------ 6 INIKELIONIMSIMINEME'il ....'" - - • X -• IS Er • •,.......,,,_ sierfamWpilliliallI.........4 ::..' \.‘:1, 2 ' A.:r•#•••A 7 rs AI'.s '. ... ...,• ..r . ..• . • ....• 4.•4.......;,X............... •.'' .. .41.,,,;,'• . ..„,...- .....•'''' ' \I, , . I tr 2, ',,',. .. .• ,- 2 rtf.t 0 w.f.''.'..•:--1\•\. ; z....-:.-.-...--,.• -- _. . ,-440- • 3 .49‘ 1'Y, : ...tout/ . \ •,.. .. `. -J, , • , - 11, j 6' o• • • ', • 2.f.,. i , , _. .........c. , . R. ."..--- ® ., :,..., ,,i,...../...,,y 0.,-...„.., / / . . / W+E Ito...,_,..., \.....,..,,--- t • , .. • *rt.' '" 'or ' - r A%.v ,,,,c. , SI' 3 ,. ...t.-:;./ ,..., 3, ,ov ..' .: - , N\ .<\\/v/z/ - r ite 4., 2 '. ,9 , /"O s's \;.;:k A ' S '.,* 1;,..,w,.....•.,,,, ..,•Aa s,t• , - ..••,•-• 's • `gp1/4,,,, :xi" -.,-.."---0-6.,....74_-.-D°5.---1-,... ...s..„,..' , 7 4, Is.\\„4. ....„. :: \por...'":1'1-.4..$1, 11PH'"'r .11:4' 144:. 16 GRAPHIC SEALE .6iiiiiiii• \ -•'. , \ X, '•' •-•' ,Ca,....... •Ai X or.'" .4•7'-' .Q1.91t-rift-1, X X'I I, 1. \ 1 ..'• .\ -.1.- ,' .62‘ „141 141-0-1a.... ,X q A .1'---•- „---5"------1---- 1-.. ,--, 7r -...;4° e- (2rraTI i i... . 3 ' ' \ 4 '' '."•-4.... , ' ' ,0:s\ V''''' • Ce....,2.6 \ ..„, 24•X• .16$7./3 \''`i -rfS `r•r.., ....OA., , ' ,..o.• s • .1...... , \ ';. -,-.4.- x .,„„., _.....,.. ...„ .4-'••"- ' " r 1.c,. .._.,....‘,, " :.. • - ..... \ ‘'.7 , At* \.2.-1 .7 V.paite• `.'t 0/ , , g , . , I 6. - t/3// °ETAS.W ' . ,,...rf b"... ..i ' .Arr.e ••' - <Ile' t, ,•, e. ‘It\ er•:;'' \ ' 0 or, . .... . ••• ,....r.;„, lily\ ,.. .. / me..•••••• ...1:: ,... ‘ .it‘'t' "''''',..:.,.s:Y''..t ' VI li, 6 , c 9: \ ..A.,... "‘. 0.:: %'':1 'L'*: '''' ', v I.' St t,....'.. ' ...- ...V. S.. . . ..-"..... ‘sx• 1. ntsran / ,.._ 7,, 1,,,,,, • osarkx.,/ iy/ • 11\ 9 24 114 V ; ) ' . ) ' ' '.' i I •5 l', 14 .. ...,...• i. .41. 0,A . ............. ''''. • Al `. 4,4,, \\:., , .--`,,' x \t. •‘Pti,k i t 4 . .........71 i„..._ ......... • 1.... \ ,....,1 _ a.,!_•.... ---,`.'--2 E. - -- . 0•- -IIP- 2,--'' '' i 31 ..•'- . i. •\ \ 4 ..... N. .. a _______ci , - .. ...MAL 1 ' •I'''''.. u6.39.9- 4 -- - ._ ...-- •••, -,...... . , -- 4- .. -.... 4 . • ,, .....-- - . .. - t • ‘• •. ....., -.... i• ,., •• ,..•-• • . . ...." 1.. 1 •, •,,,,, ---;; • ‘ 13 3 P. 15 .T. '' .4. W.- Aremium.rr t'; rE V,. :I ta. g--T••-6/ . ., . ,_7 (7; •-:‘•V,'''R.A. * \•., •,, . H ., • ,...:- • ., 0 „ .••• v.N.,- \ ....... ‘... .., ••. ' ,., .. ...!,.. . ..-- ---7 ; •••0707,# ...iv . 117 'war .05662 . 77 co...rarer .-..... sow.62.1 a..• vv.. lo OM n....• t mra W. NA =ED Ar•ow KO 2320 111,-Oen KO se 226 COM•65621T.6=55•frooltto6CC TANK/11 66.10.1 PLC-MCC MO 12/16(19 21.-nu..am MI.•tolitiron *6 Kt.Wt.6 orkt 6661•1166.26 1662121 TO/rat 0[1.ts6O-Ott 025199 5216906 MOM FINAL PLAT WOODBRIDGE PHASE 10D 57 RESEEN11/4.LOTS 1 li . d.. K SITE/4I . - 7 ..oterrt-/\ \\ . ., -.., \ ' . • • . , „. .. . L' '.irrartf="‘""c7 rtgamIX.Nuf 'ZIV r•mans.1920•22 2 COMMON/21C9 ZONED-FIPMEODEVELOPAIENT 6STRICr IPE 93451 OVAr.111 2131 ACRES MATED AI ME r RIC16•60 129921AAN SuarEr..ESTRACT110 330 li, . - \. „. r i 0•91666/MUT ..60(11 lord 0269( Ii CRV OF W/1.19.001.1.91CP-13/TY,T0615 • g I•*--- </.\ . ..,. ., ''-' - - • 6.......... .....,,...... =.....4r.... pimers ladirliom 111 516.610TY WO 916/0.29212266 HOOT 62666/32o6o1. 9.260401221144. 9911051612•69164. tr•••••••••••••• IlbJNIIL...3 aid Arecktut kic. 121.1•••<•••••••,...0 •22•8•4•• Mei. Ft:22ra ,.... Ilan.Ur MP 114,11/.....NM .11•••••••••• KY?... yo................M... 16626•26666roor000rter000rat•osora6.66662.2.26.6 , mernortoroosrol.atoorroroomort6000•o•oromoro. Onrimole.I•••_.0.•...„,...11.21 6OTES 1 tO 2 0 1 :.--pars v.e -6.--cY t 7...o 40 2_626 .., r, a„w 3 RP.. t . 41 r .. 1 9 .or e ,_Saie� 9 S�TE`sL�YzPti'"�Fr„ ,.zan i J, • • �4 i N6'.T .'_} Wy+ q t�_ it,'�'t •,<‘-xet Q Y� `m}� w, 1'. ,pfo'.,to • "20 ,S'` ]6 Vie, / watt+ ..n.'. d•,9 X m: v. • 'J+Y 1: , ��Ir / 6 AG� s �•"_a, w R,r • `tau .... ...Qr ,,y•\yam \ /•��'"`9 rlapf� `, s 'STp �4• •4 4,�J f Jr •� '/ of ` \\ a.0. 'l ` ;y�''yf! "'•,�L •A L • ,f N, 16 ,+ r Y�� r. � bd.. \DETA+I'e' � o �8• `3, •�„a� - Qy,� Fad pA t•�F resod'L y,\ `� e,a r'L /T 4 r 11 L'4�, tt'•,'• • ®" `\� 4 e' .fio � s+ `3�t��„" q7,0.*t. / �'r/ rrcixm us ... .. .te a.10'.\'. =r,• t9 , • '�'' •t- 1 gg, ._,irm'm�, \,` d R`�Q i.Z +• "t v' tq \ e to C' ' � , J --'-. .4.4.... \` "tn ae P r y°r \� ,p 10 T, a \' e +z \' .r '•1 ''«,_ / °Q�v 1 t ` �. 'iG j°26 , f6/';\ ,�,p•>4m L-T,•.Ca \ N. \ler°dI m� ` 1F,'r ••�. ",r a O. \ ... • . VP' R9 40 26 a tom" , - / L t ` v \ 1 °� TO' r,9 g� �.. AL,4 'yr P .MNN' `�.P �_ �! bo N. �e,:o \ t1 •YP.'- c P,u \.\e \ .. T. zt ' ^ a. r+M' ,»2 \. . 1 4 ',n'P 13 "ems.: � L `��{6'� '4 4 Tkv At L,U$� •,4'04 .1 ..PLC ` � '1. ,rr,,,.,s,,.,,, r4 \ 6 Q _d ,� t .- - ' W 3� E ki,3' t t l• ♦ ty1T w .., �p2J \, , -, w„,;b°d ,ri� ` • \r�Tj - la r^' 44, $ IN tt i��'t�+?LR., 6,00. y,,,n -9. -,* ► 6 • ,a,Tm Mr m• \, •' 90yMK h • 4,.r". 1J 1 At,. �,1 •a o w.N t ii�w. .* •'% 7a5�- '�J6 1 +:°° T e ,'li `�fga� GRAPHIC SCALE -�A 1 C .. L y e,0 ,.A •'.7 1mm 'r. ,e \, \ J rrd /`t .A S, • 44 ,f 6 tCr.pp ,..,7.. ,wt \ fa '�Y M pp `59'Ptiafe�/,`. y.tlf 11 I.,. ''R• a'S \' \ •+\ •.'" 26TV_i 1p4 ;n71 \i. Y s ,oc£ 'l't 1 ,j9m• r..� li,N •%a . \ A AT':,0 \, \.\ 7:0' '•.• rr�af V 1 a /, i• 5a : Al is fy .arr R� !/ R°�s•'.w:.w ic. IZ O - •P� ♦e. ,^' 1 •"l 'iF'1�;►,!' L.a.7U'u+ '� >�• !r 4F _—� Lw2 lt •f' i. �P9' \~• ` A li7a°� ,�- ,� �,W� �., xM axi L r• '-••-./ / f ••.;I •w�.•I�°FWD 1 vw CBwN9077 as \t t rr ly9�•I'' �uT7f. 0 2 i<r93 rcw L'> 4. 2 `s�.i,t�+�wi-�":484‘:"C%7";T:o:r.scf44:i1; +cuscarrne,wcuwcrr t1 ,+ x62 rsrr i A,7 ] -rAV :Y[n,T yt��7 39s \ `111. 1.� ` „rr: ? ►rr•>_ j tr H L9rt.t i".\ \ 11 t s ,lam rl:.•' `'n nw �a p Jc//` _\ Mr 49 ty e, rww t 6 \fC'' ` l� •\M[-Y Y4R+WK[IQNMt\ 2rtr' •�� S Za iN L.Xa! d )\ ��. _\ li9 tLIG 9trw cLLt�I=.'mMlw V9[rdrt \ T91i > +r S•�r�.• t • /, f b• Geer Ya n nIM rxe arY.• Y �} w _ o LRe,T,r a«u«eo„w,m.+t 1,y,r .\ rM yg AI , .(7.y.Ar -,f64 Jx # J6 . ICato:.2 rYac,- ";:gi Law,.«r.a\ Le•.rY_�r'>+ { ♦ �� J6 /I _ Y-Yc»em r¢ — .� s .+�\ a xxw�""t•- ..."i- a ,, Rlr_.s^° ' I a-.cY,..mfP 1-71 .z- ¢173'15 Ln, ,.r.•:4 'nS�• wrp ,, •.r„n,x..x o+•ra rrua+c"Iry ,sam o.RY.fIC.ALL Rw-a5.00', \\ Vet ,y'`^r: L�[ a'�`w ,0,_s`"'ra. 1 `b D -�.__ 1ruw.u.m.tl wL.taeP.n rm.o easT4 r�rra eraLPLNtwus Lw61.6E' t U' �f I sfod rr1 42 -J. ` .,�'%/ f,131.75• 2 .a.ea n. rd v m.oows«.. C6wNOT1r1YE \7 12 Q11„a 9.' e- 'J6'S6' F rT.R ur uo' aaxa ro u er•n ,,77 r—wi (�, w+wucaa o onrne ra arrow r[Vns• Cu61.67� 1 • ,•.� �.a,;,+'d Rw71/St1I' I N177Dbj a"e`c.'.C'2,.r `��slrJp OM:LW — _�' — L. 7.56' o w—_ Drrol cr t 2>r. 1� r� tor r,eta7r a ,�� I� A \' 'cw ... ,,...ra ,.""a� 46 FINAL PLAT MgtDeAGf{car aae to.'‘ 'A.'� ' \ utt L,A#Na-zaa i'L rr�rr.awrnaAr •T u.Rcar. t • - ;3 ACRts \ \ cas.:.xa•n.... xF?05 WOODBRIl3Gg + AcRrs D: +�ei '��1 1`\ �° rLn i.e.' PaaaFRurs uc \ 4 POINT of 64/n• i" PHASE 10C 6CC'PRO:PIKS•LLc Z !�• }� , R Y1�.C.GT'� cus. a ei-oanora l EIEGNONG tnae]�++Trutms c.c.Cr.NO.97-0t07J87 L.R.CCT.1( •.- Q .t .,.I • tCxu.LgnARFt, L �•,/r / L' \ 1./979 ACRES(TRACT r) /r 2C.10 PLANNED D6YELOPIAEHf ITp1NNDm or4,10:•'{'A apt 9 did RDaceRt0cc Y.Lm c472 ACRES S Mrot E \CCC1.ND.. se \ aEwcaxnsmraEDe+r!16 2.7288 ACRES!TRACI z) +a,,, `It \ /: / \ RGWKDn'EYAxAN 61MFET.AOBTRACT NO.3 TO MOGORRITGF Y.LTD. • Y_ '}l'� 1 �-af� \ \ / ILOL. PGGS099) 1 CCU Na.:005-ai829Ja LR.CC >r 1 l\g{ / _ `�` L•R,�c"T. CITY Of WIt1E.CCtLINCIXXrTY,TETW ,)t •� -\ a9.Jptf�t g.ACRES(TACT RJ \ \ i LOT t,BLOCK A 7v F \ r MiCPFRT a LLG. , 6r�/�e 11 \t \ /`.. / C.Cf.Na 4G0t-OJOaz \ Q_Q Nd I M'aGOHR10GF COI!aim N \AFLAR�yrR O< /. .,r..r..,. �• 04.0 CAB.L SOX'xe-YL6 er ,59.1."8°,.L7.1 \.-s•- i `tDt.0079.PC. TOM ` ....... a �•+.,m: .. .AV'''6 .66 KAMA ER 9r itaaC1.. b MEOW GE FP sir LLG..-.... ` ',11 1LRCC T- �. a �1e w... l 159Iz67 ACRES :� aalta 7_OOJ_ 7J t.RFa7, Y;. \ w. •,._'•.., ]K[ t N 1 rs M,Oppgm91 PROPCRRCS LLG y� t\ 11W 9/CBf,•a 040.F-,a0aar./ / �".. r if CCcr NO 97-003 013 L.RCC.T. -c1 l / �-' / ... . ,�,� - L970H/ P0.0433.DFD.GT. \- r... &as VeLry 4 0 WI. C� ...WI M F. WU!WO Mt TM•1 r.r. \MYOOIUIM..ni.WV-Mtn.*Am. —AI ..,0..t Mb.0..001000W\..M..,'MMP•....ow — s i i it 41 f x a- 91 il ti ''l --5r -=°-'1/4. §." a' / 1,12 vi .., I 2 E I log , 4 I I d ,...i. z.,,,,ir . .,,,, • „ el 1 1, 7.,/. —. ' 4 ° •, 44ti. i ,.?. 1.'.".':‘ ii %, :%; X''''''',. ,''!,.:.r,11, II1 - i ,,1, .iy¢ kip 5 i 1 i.,s A.,,. . Bio 1PT ;, ; _ ._,a,..� �,. ... 4 � : tip 1sMp$ t1 .t...0, .;.,, ,,,,,i, ' ,t2, /kV b a ,.\. ss'.gpi o>f as igg a' i. 1 4 .: :::Ill . -1111-;1'tg‘ :'''s. te a � ` te r, + lit 'C a pp s i ..,-.)i, ':._ ^.. :4,110it ,.- ." -- �3 - : 'EE NEE tEETE Ff .'4 4;74 Vi F FsFF fF1 1F4 FP!sfi ! it . ii ' i;:at-, , ,.,, :44p ' ,..g -dor t p«Ett4;t. ttta =1.4ttttLtttttt 4ik � �argtHE EE EEtE: tLL rtttCt t , tbt „ , . , • [LLFELLEC 'Lv E EFF tLFfFEL t t i a� ng11 'Lr, � i L , l„ b ?^t ALk L � ELI LL aL&Lt lI is • 1 p 3® C klilih�,. nr�liia -- "1r• ..r� rrrrrrr•�r�rr�rrrr■� •r�r•�,•�f�r�rr.IM - i I-� r t,Fk.: , i r i lk,s Fl t`� 1 l l r.l� -- • ;LgrLE �10 �.0X ILL . __km! ..��t.!. F. g �Vg. $.u Ig ilY It i I�cip E,000G 3 == t taa I ac ca._ caatE�-'-,e,rE� ttk It or 1 6 ._2tyyw f t c y x4 ,. No. ty ]tv �.. , _. Ltd'1,•.Q _ e 144114 -" ,,a 1 , - �.. "'"'":„ 4.-- c '''''' , Internat.' t i 2004. (c}CaPYn tr, `� .e.,‘,,)?° - --16-(b;cict t inch 123.5 feet Average Scale'1 ORDINANCE NO. 2006-74 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ARTICLE 3, SECTION 3.4, FIGURE 3-9 B. STREET AND SIDEWALK REQUIREMENTS — SIDEWALK LIGHTING OF THE ZONING ORDINANCE ADOPTED AS ORDINANCE NO. 2005-58 PASSED AND APPROVED ON THE 24TH DAY OF JANUARY 2006, TOGETHER WITH ALL AMENDMENTS THERETO; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie Texas ("Wylie") to amend ARTICLE 3, SECTION 3.4, FIGURE 3-9 B. STREET AND SIDEWALK REQUIREMENTS — SIDEWALK LIGHTING of Wylie's Comprehensive Zoning Ordinance as amended; and WHEREAS,Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Comprehensive Zoning Ordinance No. 2005-58 as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Article 3, Section 3.4, Figure 3-9 B. Street And Sidewalk Requirements — Sidewalk Lighting of Wylie's Comprehensive Zoning Ordinance No. 2005-58, as amended, is hereby amended to read as follows: Ordinance No.2006-74 Page 1 of 3 Amending Article 3 Section 3.4 Sidewalk Lighting Figure 3-9 -B. Street and Sidewalk Requirements B.STREET AND SIDEWALK REQUIREMENTS (For all Residential Districts) Page# Element Base Standard Desirable (All development must comply fully (Each development must select 2 of with all listed below) the 4 desirables listed below) 33 Sidewalk Lighting Low-illumination with solar controls, on decorative poles 250' to 350' apart(alternating sides). E. Street and Sidewalk Standards—New Residential Requirements 8.Pedestrian Sidewalks—Sidewalk Lighting a. Base Standard Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with solar controls on decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possible. SECTION 3: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2005-58, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each Ordinance No.2006-74 Page 2 of 3 Amending Article 3 Section 3.4 Sidewalk Lighting 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 Two Thousand Dollars ($2,000.00). 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 on this 12th day of December, 2006. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of publication in The Wylie News—December 20, 2006 Ordinance No.2006-74 Page 3 of 3 Amending Article 3 Section 3.4 Sidewalk Lighting Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 12, 2006 Item Number: 4 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: 10/02/06 Budgeted Amount: Exhibits: Resolution, Display Subject Tabled Item from November 14,2006 (MOTION TO REMOVE FROM TABLE): Consider, and act upon, approval of Resolution No. 2006-26(R) supporting an alignment for Parker Rd. (FM 2514) at the intersection of FM 1378. Recommendation Motion to approve Resolution No. 2006-26(R) supporting alignment option for Parker Rd. Discussion On September 14, 2006, a public meeting was held to discuss alignment alternatives for FM 2514 at the intersection with FM 1378. The Collin County engineering consultant — Birkhoff, Hendricks, and Conway — presented five alignment alternatives as shown on the attached display. The City of Wylie Thoroughfare Plan currently reflects alignment option 2. After the alignment is finalized, right of way documents will be prepared for the project. No construction funds are currently available to construct the realignment. At the October 10, 2006 City Council meeting this item was tabled to allow time for the Engineering Department to contact residents/businesses in the area to obtain more information regarding the proposed options. A meeting was scheduled for November 30th with Mayor Pro Tern Opie Walter of the Town of St. Paul to discuss the alignments, however he was unable to attend the meeting and it has tentatively been rescheduled for the week of December l lth Approved By Initial Date Department Director CH 11/2/06 City Manager I" V v` / - a 6 Page 1 of 1 RESOLUTION NO. 2006-26(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO RECOMMEND THE ALIGNMENT FOR FM 2514 (PARKER RD.) AT THE INTERSECTION WITH FM 1378. WHEREAS, FM 2514 serves as a major east-west thoroughfare for the City of Wylie; and WHEREAS, the intersection of FM 2514 and FM 1378 provides retail and commercial development for the City of Wylie and surrounding areas; and WHEREAS, the City of Wylie Thoroughfare Plan currently shows a realignment of FM 2514 at FM 1378; and WHEREAS, five alignment alternatives have been presented for FM 2514 as shown on Exhibit "A"; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Council recommends Option for the alignment of FM 2514 at the intersection with FM 1378. SECTION 3: 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 12th day of December, 2006. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2006-26(R) Parker Road Alignment EXHIBIT "A" Alignment Display Resolution No.2006-26(R) Parker Road Alignment • 'r'..'.". . •s 01ill J' i 111 11t !' I i1+11 1 i i I # ! It 1 11111 l1 ! If Z ►�i iiI .1•r I 1 ; l• it 11411 i " ',e• ot- fr tfptl I I t i ; i ;1 1 t1 ,1.111 f L � f1 11, �t.i. 1 i } i I 1 t• I. i n t r• t of I. S i� .1.!1 I. it 1u IfIt1`1 1 ' , HIIUII Ii t( ! 1 , ti I=tI ilii ! ff flltiii '. ►i 1', ; -I•t fr f.till .h ! tIi E 1• i t.• pilalltt ! i 11� Al •I. . {{ i1 Ct1Ii1;i1 i till'• • 1•I8t• i r• li•. . I1 1 11 ttt• Cl,C tl 1 11 1y 1 'h. •. i1 1 Cf 't tlIIt1 1hii' �. t Iflit I1 {II{ I y + • f! I Ii'ti( 1< �; .fit��It�1•.{s t t 1 3;��(t#1.� t. �t 1.1 i 1 I.,� i1 ;it is►tIt Ili 1.1 Iif,t 411rL. . ! .I 1.1I I't1� i 1 1 i 111 l 11111 %I' Ill tii 1 V • 1 .t .11 1111ti ll i' . 11 t i tIt'{jI1"1I tiltpills i1t1t 1 44if11{,ii11(t1 ititt1i1,�11 pi it-1ih11 •i �� t 1;hii ,ii 1.f ti•11•Itlt1 1 u !111 '{!it I 11 1 1 it i fI d'•pa j •tIllIiiiIilialt YI11t11tt!i It1,ti: . 11111111Ntiiai,itihiII!I11 lite; ill sit 11;••Y141Y‘ • A3 Ai NQC8311Yd • WM .x -.-_!v''� 4. .- c— a q -t�s•s•s't" •:•z':r;s,rr`�1s3+�_' .R ri. .� - + } , • 1- .. . to •1 ; . r luLl ii,,,, .immum ..„ Are Atioklar---*---_ , 'L.-..'" • ' ' 4: $ - #011P' ''''" - ""• • • : '.. 1 'A •\ J1-t-li :!0/$ �— y le. its' '' -� Jdat'tit;f'•� S 'f ' t • E ,' E - 'w • I t :% _ r _ �11!31111111 ' ''1r.t 10. I _�11 ' ��'' : t,3'' 'Uiilliiill ,1, ,_ ',' • • _ I { t ...1.. •-'_ .. i1 i r Ei�iiiliiiil �. __ • • '_ . - . A- 111 ��i1II1111111 ,i 1 1 i ti U11111111111 ii, ` f .l ' I. , Ali 111 f tml1��,leun,! ! 1! ! hil tl,I , [II III11l11i I i - uil t, ........ • • Lriut �•,IE;;� lk - . . • • .• • IRMIN l. 11 li 11 WIMP I j aaassa%22/i ijilt lIIi I 1 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 12, 2006 Item Number: 5 Department: Finance (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: November 20, 2006 Budgeted Amount: First Southwest Company's Exhibits: Review, Bid Summary Subject Consider, and act upon, awarding the Bank Depository Contract for FY 2006-2010. Recommendation Consider and act upon awarding the Bank Depository Contract for FY 2006-2010. Discussion Staff solicited bids for the City's depository services through an RFP process. The solicitation included Basic Banking Services, Merchant Banking Services, and Lockbox Services. The contract period was for four years. Four banks responded: American National Bank, Inwood National Bank, Capital One Bank, and JP Morgan/Chase Bank. Each bank was evaluated with respect to cost and quality of their services. The complete analysis of the bids was included in your agenda package of October 10, 2006. A copy of the Bid Summary is attached. During the October 10th meeting, Council asked that the bids, analysis and evaluation prepared by the Finance Department be forward to the City's financial advisors for review. Their review is also attached. While the RFP was inclusive of all services with JP Morgan/ Chase Bank winning the overall bid, the RFP allows for the awarding of individual services groups, i.e. Merchant Banking, Lockbox Services and Basic Banking Services may be awarded to different banks. Based on the bids received, the city could award each services group to the low bidder of each specific services group. Basic Banking Services would go to either American National Bank or Inwood National bank (both the low bidders for this service group) and the Merchant Banking and Lockbox Services to JP Morgan/ Chase Bank (the low bidder on both the merchant banking group and lockbox services group). Approved By Initial Date Department Director LW 12/04/06 City Manager (A_(1 I� lot Page 1 of 1 First Southwest Asset Management, Inc. Memorandum An Affiliate of First Southwest Company `100\i' (ith Strret Suite 1940 Scott McIntyre, CFA Austin i X 787( Senior Portfolio Manager 512-4181-2(309 Direct srincintyre r flrstsw.com 800- / -3792 Toll Fie{' 512 481-2020 1 r,K Date: December 7, 2006 To: Mindy Manson, City Manager, Wylie Texas Subject: Evaluation of Depository Services Proposal RFP 2006-1000 This evaluation is based on the information contained within the proposals and supplementary data submitted as well as conversations conducted with representatives of the depositories for the purpose of clarifying information as presented. To the best of my knowledge, I am not related to any employee or representative of the four financial institutions who have submitted proposals. I also spoke on numerous occasions with Larry Williams of the City of Wylie who had previously conducted an extensive and professional evaluation of the four proposals. I reviewed all worksheets and pricing charts Mr. Williams had created, found them to be accurate and useful representations and considered much of the information he compiled in my own less detailed evaluation. BACKGROUND Proposal Due Date—August 11, 2006 The four institutions who responded to the RFP are: • American National Bank • Inwood National Bank • Capital One Bank • JP Morgan Bank The contract term is for a four-year period. The primary services required are: v Basic depository services including, but not limited to receipt and withdrawal of funds, incoming and outgoing wires, pay items, stop pays, ACH transactions and monthly account analysis. In terms of cost, these services represent a small percentage of the overall contract. ✓ Merchant banking services, i.e. third-party processing of credit card payments to the City. This service along with the Iockbox, represent the majority of overall cost to the City. Om lOINA mai sof ✓ Lockbox services, i.e. third-party processing of customer water bill payments. ✓ Online services, i.e. the ability to easily transact day-to-day banking activity and deposit research via personal computer. Note: This function become more and more important as the City grows. ✓ Safekeeping services for depository collateral as well as custody of city-owned securities. Other important considerations ✓ Ability to sweep account balances Consider the various sweep options presented as well as whether interest is paid on all deposits. Sweep accounts become less of a consideration as the effectiveness of cash management increases. The ability to manage cash is largely dependant on access which renders online capability an even more important consideration. i Interest rates paid on deposits Keep in mind that the City may elect to invest outside of the depository at any time. Investment pools and money market funds are always an option to Texas local governments and will pay approximately 5.25%, which will mirror the fed funds rate, as of Nov 2006. ✓ Fraud control Positive pay and other mechanisms to control fraud. This will become more of an issue as the City grows. ✓ Collateralization All deposits above FDIC insured amount must be fully collateralized by government securities. ✓ Deposit availability schedule This is an important, but of overlooked aspect of evaluation. The faster checks can be processed and funds made available for investment, the more earnings can be made. ✓ Experience of institution and key personnel An advantage often goes to the existing depository if performance has been satisfactory. Obviously, the act of changing depositories can be significant. Thus, the advantages need to be clear for this to take place. ✓ Financial position 2 raw els Generally speaking, it's not a question of which institution has more assets or makes more profit, but rather whether institutions have adequate liquidity, reserves and capitalization. ✓ Other This may include banking services granted to City employees, or in the case of JP Morgan, reimbursement of costs associated with depository conversion. EVALUATION Basic depository services Both American National Bank and Inwood National Bank propose that fees for basic banking services be waived. Capital One Bank has proposed basic depository services fees totaling approximately $6,000 based on annual City volume estimates, while JP Morgan has proposed fees totaling approximately $4,000 using the same estimates. Merchant banking services Based on estimated volume, JP Morgan offered the lowest annual cost at $18,637, followed closely by Capital One at$18,972, Inwood at $20,116 and American National at $27,049. It's important to consider that as the City grows, the utilization of this service is likely to grow exponentially. Lockbox services JP Morgan provides in house lockbox services while each of the other three banks will sub- contract services through Amegy Bank for lockbox processing. There is a large cost advantage gained here by JP Morgan over the other three. There may also be a advantage gained through system integration with online services. Safekeeping services All four depositories provide safekeeping facilities for collateral or wireable securities purchased. There was no associated cost for holding collateral. Availability schedule JP Morgan has a significant processing advantage resulting in much shorter bank float. In addition, in-house facilities affords zero days float on payments processed through the lockbox system. Mr. Williams quantified this float advantage into dollar terms and included it in the total cost analysis. His assumptions were considered reasonable. Total cost of services Because proposed costs are easily quantifiable while expected service is subjective, the weighting as per the RFP is 80% cost/20% service. This is reasonable. The low cost proposal was JP Morgan at an annual estimated cost of $47,960(adjusted), followed by Inwood at $56,500(adjusted), Capital One at$56,900 and ANB at $60,600. 3 o mai JP Morgan is willing to reimburse up to $15,000 in cost related to conversion. This was not included in our evaluation since it only becomes a factor in the event that JP Morgan is selected. Online services This is a bit tricky to evaluate since it's difficult to gauge the functionality of any online system until it's actually utilized. It's also a difficult evaluation because the fees are marginal or nonexistent. We did view demos of all four systems concentrating on functionality, security/controls, available data and ease of operation. In our opinion, the JP Morgan system offers the highest functionality and available data resource, but also the strongest controls. American Capital One Inwood Bank JP Morgan Bank National Bank Chase Functionality 3 2 4 1 Security/Control 3 2 3 1 Data available 2 1 2 1 Ease of Learning 1 2 1 2 Overall Ranking 3 2 4 1 Interest Rates Sweep Rates ANB offers to pay interest at the fed funds target rate (currently 5.25%) on all balances. Inwood Bank will pay interest at 91-day T-bill average rate (currently 5.05%) on all balances. Capital One offers a sweep rate of fed funds minus 20 basis points (currently 5.05%) JP Morgan offers several sweep options including overnight repo and JP Morgan money market funds. Earnings Credit Rate JP Morgan proposes the four-week average of the 91-day T-bill yield +10 bps (currently 5.15%). Other earnings credit rates are reflected in the rates paid on balances as stated above. Note that because all proposed rates are variable, as well as the basis for calculation, the relative advantage between institutions is likely to change. However, it is expected that over time, proposed rates will be similar and differences will be relatively insignificant - a 20-basis point advantage equates to $2,000 per year. SUMMARY In terms of cost, which is easily quantifiable, JP Morgan has a clear advantage. The other three institutions are relatively close. Because the City expects to grow in the four-year contract period, technological capability is an important consideration. JP Morgan also seems to have an advantage here. In addition, controls in the JP Morgan online system may provide peace-of- mind as well as essential error and fraud protection. Interest rate differences are fairly insignificant among the three institutions and may vary during the contract term. 4 Bid Tabulations Capital P Morgan One Bank 110141001 American t Bank W►um National BS 20 N ►ti�►r of Bank r, Points 16 16 20 Services 4 1 Qualit of Baskin• ankin• Services80 a Basic B ankin• $ervices 145.87 $3,977.64 b Merchants Services $6, 18,636.g1 IEI c Lockbox • Services pi 50 $p.00 $ d �t of On-Line- ganktn. 80 $p.00 $2p 115.92 $18,1118 $25 030.38 58 $34 394.98 $29,$96.81 $71.03 e Other*** • Services $27,049. Si 882.29 $3 750.00 2)Cost of Baskin• . Services $29,8g6.81 $3394.9 3 $0.00 25,0305.96 a Basic Ban Baskin� $en" $3,622.53 $p.00 897.87 $0.00 $56, 5.10% b Merchants Services 5.05 -$3,7577.63 c hoc talc $60,568.g1 5.00% 690.58 pvailabd�t 1,126, � Funds � ' 668.55 $ e Other 693.48 $1,162, ,�. r, $ 153, Totals Costs 1• �� f ti��.� ,�� ;..:�; Funds Earnin s Rate • Balance m,ensatin. �� lr Re•wired Go � ,� � # � .�.� to offset any costs. *** amortization of$15,000 given to the city ***Represents the 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 12, 2006 Item Number: 6 Department: Finance Department (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: November 20, 2006 Budgeted Amount: Exhibits: Proposed Policy Subject Consider,and act upon,amending and approving the City of Wylie's Investment policy for FY 2006-2007. Recommendation Motion to approve the amended City of Wylie's Investment Policy for FY 2006-2007. Discussion The state "Public Funds Investment Act"requires the review and acceptance of the City's Investment Policy annually by the City Council. The following changes are recommended: 1) Section X,Diversification and Maturity Limits: The maximum amount of Certificates of Deposits allowable, as a percent of the total portfolio, is proposed to increase from 15%to 25% in order to increase the amount of funds the city can place with local banks. This will not increase our portfolio risk. Certificates of Deposit are fully collateralized with other marketable securities safe kept at the Fed Reserve Bank in Boston. Recently, Certificates of Deposit have provided better yields then other allowable investments. 2) Section VIII, Investments Authorized by the City of Wylie; sub-section (3): The maximum maturity for Collateralized Repurchase Agreements is recommended to be extended from 180 days to 2 years to allow for the investment of bond proceeds in Repurchase Agreements during the construction period. Approved By Initial Date Department Director LW 11/20/06 City Manager \� g 0-6 Page 1 of 1 • City of NN:\ j . Tc : aS INVESTMENT POLICY Adopted May 1995 Revised October 2005 t ' : INVESTMENT POLICY Table of Contents I. INTRODUCTION 1 II. SCOPE 1 III. OBJECTIVES 1 Safety 1 Liquidity 1 Diversification 1 Yield 1 IV. INVESTMENT COMMITTEE 2 V. DELEGATION OF AUTHORITY 2 VI. INVESTMENT STRATEGY 3 Operating Funds 3 Debt Service Funds 3 Debt Service Reserve Funds 3 Special Projects and Special Purpose Funds 3 VII. STANDARD OF CARE 3 VIII. INVESTMENTS AUTHORIZED BY THE CITY 4 IX. OTHER INVESTMENT GUIDELINES 5 X. DIVERSIFICATION AND MATURITY LIMITS 5 XI. SELECTION OF BROKER/DEALERS 6 XII. SAFEKEEPING AND CUSTODY 6 XIII. RECORD KEEPING AND REPORTING 7 XIV. ETHICS AND CONFLICTS OF INTEREST 8 XV. POLICY REVISIONS 9 APPENDIX A-BROKER/DEALER QUESTIONNAIRE APPENDIX B -CERTIFICATION BY DEALER t' INVESTMENT POLICY I.INTRODUCTION Safety. The primary objective of the City's investment Chapter 2256 of Title 10 of the Local Government Code activity is the preservation of principal (capital)in the (herein after referred to as the"Public Funds Investment overall portfolio. Each investment transaction shall seek Act")prescribes that each city is to adopt written rules first to ensure that capital losses are avoided, whether governing its investment practices and to define the the loss occurs from the default of a security or from authority of the investment officer. The following erosion of market value. Investment Policy addresses the methods, procedures, and practices which must be exercised to ensure Liquidity. The City's investment portfolio will remain effective and judicious fiscal management of the City's sufficiently liquid to enable the City to meet operating funds. This Policy shall not apply to the selection, requirements that might be reasonably anticipated. retention or other issues concerning the depositories of Liquidity shall be achieved by matching investment the City's funds in demand deposits as provided under maturities with forecasted cash flow requirements, by Chapter 105 of the Local Government Code. investing in securities with active secondary markets, and by using state or local investment pools. II.SCOPE Diversification.The governing body recognizes that in This Policy shall apply to the investment and a diversified portfolio, occasional measured losses due management of all funds of the City under its control, to market volatility are inevitable, and must be other than those expressly excluded herein or by considered within the context of the overall portfolio's applicable law or valid agreement. This Policy shall not return,provided that adequate diversification has been supersede the restrictions on investment and use implemented. Therefore, assets held in the common applicable to any specific fund and,in the event of any investment portfolio shall be diversified to eliminate the conflict between this Policy and the requirements of any risk of loss resulting from one concentration of assets in fund subject hereto,the specific requirement applicable a specific maturity,a specific issuer or a specific class of to such fund shall be followed as well as all other securities. provisions of this Policy other than those in conflict. The Employees Deferred Compensation Agency Fund is Yield. The investment portfolio goal (benchmark) excluded from coverage under this Policy. against which the yield is compared will be established from time to time by the Finance Director. In order to make effective use of the City's resources,all Recommendations by the Investment Committee will be monies shall be pooled into one bank account, except considered when the performance measure is being for those monies required to be accounted for in other established. Efforts to seek higher than the above goal bank accounts as stipulated by applicable laws, bond must be consistent with risk limitations identified in this covenants or contracts. The bank account will be policy and prudent investment principles. The City's maintained by pooled fund group for purposes of investment portfolio shall be designed with the implementing pooled fund strategies and reporting. objective of attaining a rate of return which is consistent The income derived from this pooled investment with the risk limitations and cash flow characteristics of account shall be distributed by fund in accordance with the City's investments. the City's internal procedures. IV.INVESTMENT COMMITTEE III. OBJECTIVES An investment committee consisting of the City The City's principal investment objectives, in order of Attorney, City Manager and Director of Finance will priority,are listed below. meet on a quarterly basis. The Investment Committee ! e 4 S 1 4..,.tly 1 8 } fi ` INVESTMENT POLICY shall be authorized to invite advisors to the meetings as management program to members of the City staff. needed. Such approval shall state specifically the functions such person is authorized to perform or that the person is The investment officer will present a brief report of authorized to perform all activities of the Director under investment activities to the Investment Committee. The this Policy. The Director shall obtain and maintain, at primary objectives of the committee will be to the City's expense, fidelity bonds for himself and each of his designees in amounts determined adequate by the (1) make recommendations regarding investment Director(which shall not be less than five percent of the strategies amounts subject to this Policy) for each fiscal year as (2) approve a list of authorized brokers, dealers, shown by the approved budget. No person may engage banks, savings and loans, credit unions, and in an investment transaction except as provided under pools the terms of this Policy and the internal procedures (3) recommend a list of authorized training sources established by the Director. A current list of persons for the state mandated investment training and authorized to transact investment business and wire (4) monitor program results. funds on behalf of the City shall be maintained by the Director. The committee shall include in its deliberations such topics as performance reports, economic outlook, At the discretion of either the City Manager or the portfolio diversification, maturity structure, potential Director and in any event upon the termination or risk to the city's funds, and the target rate of return on reassignment of any member of the Director's staff the investment portfolio. The Investment Committee authorized to conduct transactions for the City pursuant shall provide for minutes of its meetings. to this Policy, the authority of such person shall be revoked and such revocation of authority shall be V.DELEGATION OF AUTHORITY immediately communicated by the Director orally and in writing to each and every depository, broker/dealer, Management responsibility for the investment program investment advisor,custodian and other agency or entity is delegated by the City Council to the City Manager with whom the City has any existing or continuing who will designate the Finance Director as Investment relationship in the management of its investments. Officer(hereinafter referred to as the"Director"). The Director's authority will at all times be limited by VI.INVESTMENT STRATEGY conformance with all Federal regulations,State of Texas statutes and other legal requirements including the City The City of Wylie maintains a pooled investment Charter and City Ordinances,including this Policy. portfolio. The pooled portfolio utilizes specific investment strategies designed to address the unique The Director shall develop and maintain written characteristics of the pooled investment portfolio. The administrative procedures for the operation of the pooled investment portfolio includes Operating Funds, investment program consistent with this Policy. The Debt Service Funds, Debt Service Reserve Funds, controls shall be designed to prevent, identify and Capital Projects and Special Purpose Funds. Investment control losses of public funds arising from deviation strategies for these different groups are detailed below. from this Policy, fraud, employee error, and misrepresentation by third parties,or imprudent actions (1) Investment strategies for operating, debt by employees and officers of the City. service,capital project,and special purpose funds have as their primary objective to assure that anticipated cash With written approval from the City Manager, the outflows are matched with adequate investment Director may delegate any phase of the investment liquidity. The secondary objective is to create a fT 1 1 ( I \t l ,11 ,. I y,A INVESTMENT POLICY portfolio structure which will experience minimal The Director and his staff shall recognize that the volatility during economic cycles. investment activities of the City are a matter of public record. Therefore, all participants in the investment (2) The investment strategy for the debt service process shall seek to act responsibly as custodians of the reserve funds shall have as the primary objective the public trust. Investment officials shall avoid any ability to generate a dependable revenue stream from transactions that might impair public confidence in the securities with a low degree of volatility. Securities City's ability to govern effectively. should be of high quality, with short to intermediate term maturities. Except as may be required by a bond VIII.INVESTMENTS AUTHORIZED BY THE ordinance, securities should be of high quality with CITY OF WYLIE short to intermediate-term maturities. Authorized investments for municipal governments in VII. STANDARD OF CARE the State of Texas are set forth in the Public Funds Investment Act, as amended (Section 2256.009- Investments shall be made with judgment and care, 2256.019, Government Code). However, suitable under prevailing circumstances, that a person of investments for the City of Wylie are limited to the prudence,discretion,and intelligence would exercise in following. the management of the person's own affairs, not for speculation, but for investment, considering the (1) Direct obligations of the United States or its probable safety of capital and the probable income to be agents and instrumentalities with a stated maturity of derived. Investment of funds shall be governed by the 5 years or less. following investment objectives, in order of priority: (2) Certificates of deposit issued in the State of (1) preservation and safety of principal; Texas with a maximum maturity of 2 years or less and insured by the Federal Deposit Insurance Corporation. (2) liquidity, and (3) Fully collateralized direct repurchase (3) diversification; and agreements with a defined termination date of 180 days or less which are secured by obligations of the United (4) yield. States or its agencies and instrumentalities and pledged with a third party in the City's name. The agreement In determining whether an investment officer has must be placed through a primary government securities exercised prudence with respect to an investment dealer, as defined by the Federal Reserve, or by a decision, the determination shall be made taking into financial institution doing business in the State of consideration: Texas. Each issuer of repurchase agreements shall be required to sign a master repurchase agreement. (1) the investment of all funds, or funds under the City's control, over which the officer had (4) Approved investment pools as described in responsibility rather than a consideration as to Section 2256.016 which are continuously rated no lower the prudence of a single investment; and than AAA, AAA-m or an equivalent rating by at least one nationally recognized rating agency and have a (2) whether the investment decision was consistent weighted average maturity no greater than 90 days. with the written investment policy of the City. IX. OTHER INVESTMENT GUIDELINES ( '11'1 .} > . INVESTMENT POLICY The City seeks active management of its portfolio assets. In order to meet the objectives of this Policy,the The City will not exceed the following maximum limits City may from time to time sell securities that it owns in as a percentage of the total portfolio for each of the order to better position its portfolio assets. Sales of categories listed below: securities prior to maturity shall be documented and Max approved by the Director before such a transaction is of Max. consummated. Sales of securities yielding net proceeds less than 92% of the book value of the securities must Investment Category Portfolio Maturity be approved in advance and in writing by the City Obligations of the United 100% 5 years Manager. Three examples of situations involving the States or its agencies and sale of securities prior to maturity are instrumentalities. (1) swap - to sell an investment to realize a Certificates of Deposit 25% 18 mon. capital gain, (2) To better position selected investments due Repurchase Agreements 100% 2 years to a change in market conditions, NOT Reverse Repurchase Agreements (3) To react to emergency liquidity demands. The Director shall evaluate how each security purchased Each investment transaction must be based upon fits into the City's overall investment strategy. competitive quotations received from at least three broker/dealers who have been approved by the City in At all times the City shall maintain 10 percent of its accordance with Texas law. total investment portfolio in instruments maturing in 90 days or less. The weighted average maturity of all The purchase and sale of all securities shall be on a securities and certificates of deposit in the City's total delivery versus payment or payment versus delivery investment portfolio at any given time (not including basis (i.e., for securities purchases, monies will not be cash or demand deposits) shall not exceed 2 years. released by the City's safekeeping bank until securities are received at the Federal Reserve Bank for further XI. SELECTION OF BROKERS/DEALERS credit to the City's safekeeping bank. In the case of securities sales, monies will be received by the City's The City shall maintain a list of broker/dealers and safekeeping bank via the Federal Reserve Bank as the financial institutions which have been approved for securities are simultaneously released to the purchaser). investment purposes by the investment committee. (For In this manner the City will always have possession of the purpose of this investment policy,Broker/dealer will either its securities or its monies. be used to refer to any brokerage firm,bank,investment pool, or financial institution with which the City does X.DIVERSIFICATION AND MATURITY LIMITS investment business).Securities may only be purchased from those authorized institutions and firms. The It is the policy of the City to avoid concentration of authorized broker/dealers will be reviewed at least assets in a specific maturity, a specific issue, or a annually. To be eligible, a broker/dealer must meet at specific class of securities, with the exception of U.S. least one of the following criteria: 1)be recognized as a Treasury issues. The asset allocation in the portfolio Primary Dealer as defined by the New York Federal should, however, be flexible depending upon the Reserve Market Reports Division; or 2)complies with outlook for the economy and the securities markets. Securities and Exchange Commission Rule 15C3-1,the INVESTMENT POLICY Uniform Net Capital Requirement Rule. If the City's The Director shall review the quality of service and depository bank also provides custodial and safekeeping financial stability of each broker/dealer and financial services for the City,the bank may not be included as an institution approved under this Section at least annually. authorized broker/dealer for the City, however (Non- Any approved broker/dealer or financial institution may negotiable Certificate of Deposits are exempt from this be removed from the list of approved broker/dealers policy. with the approval of the Director,if in the opinion of the Director, the firm has not performed adequately or its Broker/dealers will be selected and recommended to the financial position is considered inadequate. investment committee by the Director on the basis of their financial stability, expertise in cash management and their ability to service the City's account. Each XII. SAFEKEEPING AND CUSTODY broker/dealer that has been authorized by the City shall be required to submit and annually update a Investment securities purchased for the City will be Broker/Dealer Information Request form which includes delivered by either book entry or physical delivery and the firm's most recent financial statements. The shall be held in third-party safekeeping by a Federal Director shall maintain a file which includes the most Reserve Member financial institution designated as the recent Broker/Dealer Information Request forms City's safekeeping and custodian bank. The City may submitted by each firm approved for investment designate more than one custodian bank. The City shall purposes. A copy of the submitted Broker/Dealer execute a Safekeeping Agreement with each bank prior Information Request forms as well as a list of those to utilizing the custodian's safekeeping services. Only a broker/dealers approved by the City shall be maintained state or national bank located within the State of Texas by the Director(See Appendix A). may be utilized as a custodian of securities pledged to secure certificates of deposit. The safekeeping The City of Wylie will provide all approved securities agreement must provide that the safekeeping bank will dealers with a copy of the City's Investment Policy. A immediately record and promptly issue and deliver a principal in the firm must execute a written statement signed safekeeping receipt showing the receipt and the acknowledging receipt and review of the policy and a identification of the security, as well as the City's statement acknowledging that reasonable procedures interest. and controls have been implemented to preclude imprudent investment activities being conducted The Director shall maintain a list of designated between the entity and the securities firm (See custodian banks and a copy of the Safekeeping Appendix B). Agreement executed with each custodian bank. All approved broker/dealer firms must have a completed The City must approve release of securities in writing City of Wylie broker/dealer questionnaire, investment prior to their removal from the custodial account. A policy, written acknowledgment per above guidelines, telephone facsimile of a written authorization shall be executed master repurchase agreement, if applicable, sufficient if the custodian orally confirms receipt of the and current financial information on file. Certification transmission and an exact copy of the document is language should be mutually acceptable to both parties. retained in the City's files. In no event shall the An investment officer of the City may not buy any custodial bank be an authorized depository bank,issuer securities from a person who has not delivered to the of repurchase agreements in which the City invests or City an instrument substantially in the form provided by broker/dealer of securities on behalf of the City. this policy. All securities shall be confirmed in the name of the City and delivered to an approved custodial bank or carried ( .1 l V ()1,, 1,' \ 1 ,11,i. $ ILL \ .'1 INVESTMENT POLICY at a Federal Reserve Bank in the name of the City. The Each depository of the City's funds shall maintain Custodian shall not otherwise deposit purchased or separate, accurate and complete records relating to all pledged securities. All book entry securities owned by deposits of the City's funds, the securities pledged to the City shall be evidenced by a safekeeping receipt secure such deposits and all transactions relating to the issued to the City and signed by the appropriate officer pledged securities. Each approved custodian shall at the custodian bank stating that the securities are held maintain separate, accurate and complete records in the Federal Reserve System in a CUSTOMER relating to all securities received on behalf of the City, ACCOUNT naming the City as the "customer." In whether pledged, purchased or subject to repurchase addition, the custodian bank will, when requested, agreement, as well as all transactions related to such furnish a copy of the delivery advice received by the securities. In addition, each depository shall file all custodian bank from the Federal Reserve Bank. reports required by the Texas State Depository Board. Each depository and custodian shall agree to make all All certificated securities(those transferred by physical the records described in this paragraph available to the delivery) shall: 1) be held by an approved custodian Director or designee and the City's auditors at any bank or any correspondent bank in New York City reasonable time. approved by the Director; and 2) the correspondent bank or the City's safekeeping bank shall issue a All broker/dealers, custodians, depositories and safekeeping receipt to the City evidencing that the investment advisors shall maintain complete records of securities are held by the correspondent bank for the all transactions that they conducted on behalf of the City City. and shall make those records available for inspection by the Director or other representatives designated by the The original safekeeping receipt for each transaction City Council or City Manager. including purchased securities under a repurchase agreement and collateral securing deposits will be All sales of securities for less than the book value of the forwarded to the Director or his designee and held in a security shall be approved by the Director. Sales of secured file by the City. securities for less than 92 percent of the book value of the securities must be approved by both the City XIII.RECORD KEEPING AND REPORTING Manager and the Director. A record shall be maintained of all bids and offerings An investment report shall be prepared by the Director for securities transactions in order to ensure that the City and signed by each officer and employee of the City receives competitive pricing. All transactions shall be authorized to conduct any of the City's investment documented by the person authorizing the transaction in activity,on a annual basis listing all of the investments a form that shows that person's name, the party held by the City,beginning and ending market value for instructed to execute the transaction, the date, a period,the current market valuation of the investments description of the transaction and a brief statement of and transaction summaries, including a detailed list of the reason(s) for the transaction. the gains and losses recognized. The market value will be determined by: (1) written reports such as the Wall At least annually, the Director shall verify that all Street Journal; (2)on-line services such as Bloomberg; securities purchased by or pledged to the City are on or(3)through a primary dealer or national bank that is hand in appropriate form. The City,in conjunction with independent of the specific security being valued. The its annual financial audit, shall perform a compliance report must state the pooled fund group for each audit of management controls on investments and asset/security. The report shall explain the total adherence to the City's established investment policies. investment return during the previous quarter and compare the portfolio's performance to other INVESTMENT POLICY benchmarks of performance. If invested in securities, classes of securities obtained in the transaction of the the City's audit firm must review the quarterly reports City's business for personal investment decisions, shall annually and the result of the review shall be reported to in all respects subordinate their personal investment the City Council by that auditor. transactions to those of the City,particularly with regard to the timing of purchases and sales and shall keep all Within 90 days after the end of the City's fiscal year,the investment advice obtained on behalf of the City and all Director shall prepare, sign and deliver to the City transactions contemplated and completed by the City Manager and the City Council an annual report on the confidential,except when disclosure is required by law. City's investment program and investment activity which has also been signed by each officer and An investment officer of the City who has a personal employee of the City authorized to conduct any of the business relationship with an organization seeking to City's investment activity. The annual report shall sell an investment to the City shall file a statement include full year investment returns. Such annual report disclosing that personal business interest. An shall include an analysis of the compliance with this investment officer who is related within the second Policy as well as changes in the applicable laws and degree by affinity or consanguinity to an individual regulations during the previous year and may include seeking to sell an investment to the City shall file a any other items of significance related to the investment statement disclosing that relationship. A statement program. The annual investment report will be required under this subsection must be filed with the reviewed as a part of the annual audit. Texas Ethics Commission and the governing body of the City. XIV.ETHICS AND CONFLICTS OF INTEREST XV.POLICY REVISIONS Officers and employees of the City involved in the investment process shall refrain from personal business This Investment Policy will be reviewed at least activity that involves any of the City's approved annually by the City Attorney, City Manager and custodians, depositories, broker/dealers or investment Director of Finance and revised when necessary. All advisors. Employees and officers shall not utilize revisions shall be approved by the City Council. investment advice concerning specific securities or 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 12, 2006 Item Number: 7 Department: Finance (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: 443-5443-56570 Date Prepared: November 13,2006 Budgeted Amount: $ 45,767.42 Exhibits: Ordinance, Invoice Subject Consider, and act upon, Ordinance No. 2006-75 amending Ordinance No. 2005-41 ( 2005-2006 Budget) and approving an appropriation of funds in the amount of $45,767.42 to pay professional service fees to ARCHITEXAS for pre-design work on the Library, City Hall and Recreation Center; providing for the repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation Motion to approve Ordinance No. 2006-75 amending Ordinance No. 2005-41 (2005-2006 Budget) and approving an appropriation of funds in the amount of $45,767.42 to pay professional service fees to ARCHIIEXAS for pre-design work on the Library, City Hall and Recreation Center; providing for the repealing, savings and severability clauses; and providing for an effective date of this ordinance. Discussion The Finance Department recently received an invoice from ARCHITEXAS for pre-design work it performed in the 2005-2006 Budget Year. There were no appropriations made for any expenditure from the 2006 GO bond proceeds in 2005-2006. This request does not have an effect on the General Fund, as the funds reside in the 2006 GO Bond Fund(the construction fund). Approved By Initial Date Department Director LW 11/13/06 City Manager Minn 1a f' (06 Page 1 of 1 ORDINANCE NO. 2006-75 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2005-41 (2005-2006 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $$45,767.42 TO PAY PROFESSIONAL SERVICE FEES TO ARCHITEXAS FOR PRE-DESIGN WORK ON THE LIBRARY, CITY HALL AND RECREATION CENTER; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005-41 for the purpose of paying professional service fees to ARCHITEXAS for pre- design work on the Library, City Hall, and Recreation Center; WHEREAS, the City Council has further investigated and determined that such an appropriation supports and furthers the City's goals of providing public building for the citizens of the City of Wylie; and WHEREAS, the City Council has further investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005-41 for the purpose of providing for this additional appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 : Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2005-41 (2005-2006 Budget). Ordinance No. 2005-41 (2005-2006 Budget) is hereby amended to allow for the following appropriation: That Forty Five Thousand Seven Hundred and Sixty Seven dollars and 42/100 ($45,767.42) be added to account 443-5443-56570 to be expended for the purpose of paying ARCHITEXAS professional service fees for the pre-design work on the Library, City Hall and Recreation Center. SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of Ordinance No. 2006-75 Ordinance Amending 2005-2006 BUDGET Professional Services-ARCHITEXAS Page 1 the Ordinance. Any remaining portions of conflicting ordinances 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, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 12th day of December, 2006. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No. 2006-75 Ordinance Amending 2005-2006 BUDGET Professional Services-ARCHITEXAS Page 2 ( IMS �S � 5 ARCHITEXAS c t; i t e c t u re , P l a n n i n g and Historic P re s e r e at i ; October 23,2006 66/14115-- r Ms.Mindy Manson,City Manager N U y — City of Wylie 3 2000 Highway 78 North ,�` ,, gE Wylie,Texas 75098 `, Re: City of Wylie City of Wylie,Texas Architexas Project No.0620 Invoice: 1117.01 PROFESSIONAL SERVICES PROVIDED FOR THE CITY OF WYLIE- through Sepfeniber2i PHASE 1 SERVICES-PRE DESIGN SERVICES Subtask I-Site Selection Process-hourly not to exceed$50,000.00 Architexas Principal: 4.00 hours @ $250.00/hour = $ 1,000.00 Project Manager: 14.00 hours @ $ 195.00/hour = 2,730.00 $3,730.00 Holzman Moss Architecture Principal: 23.00 hours @ $250.00/hour = $ 5,750.00 Project Manager: 32.50 hours @ $ 195.00/hour = 6,337.50 Junior Architect/Designer.. 52.00 hours @ $ 95.00/hour = 4,940.00 17,027.50 $20,757.50 Subtask 2-Program Confirmation,Conceptual Decisions and Budget Confirmation-hourly not to exceed$75,000.00 Architexas Principal: 36.50 hours @ $250.00/hour = $ 9,125.00 Project Manager: 1.50 hours @ $ 195.00/hour = 292.50 Administrative Staff: 2.50 hours @ $ 85.00/hour = 212.50 $9,630.00 Holzman Moss Architecture Principal: 15.50 hours® $250.00/hour = $ 3,875.00 Project Manager: 20.00 hours @ $ 195.00/hour = 3,900.00 Junior Architect/Designer: 47.00 hours @ $ 95.00/hour = 4,465.00 12,240.00 21,870.00 Sub-Total $42,627.50 1907 Marina Dallas, Texas 75201 Tel 214.748.4561 Fax 214.748.4241 October 23,2006 Ms.Mindy Manson,City Manager Invoice 1117.01 Page Two Sub-Total $42,627.50 REIMBURSABLE EXPENSES(receipts available upon request) Architexas @ Courier = $ 32.73 UPS = 79.84 Lawton Reprographics = 20.24 Inhouse Plotting/Printing = 323.60 Office Supplies = 58.50 Mileage(335 miles @$.475/mile) = 157.45 Meals = 37.36 $ 709.72 Holzman Moss Architecture Federal Express = $ 351.63 Esteban&Co.(Reproduction) = 167.78 Lodging = 304.47 Car Rental = 76.48 Airfare = 1,386.99 Fuel — 39.45 Taxi — 103.40 2,430.20 3,139.92 $45,767.42 TOTAL AMOUNT NOW DUE $45,767.42 Please refer to project name and number on payment check. 9. Consider, and act upon, AIA Document B141 — 1997, Part 1 and Addendum #1, Part 2, and AIA Document G606 — 2000 between the City of Wylie and 1111111111.101111111111111111 — Architecture, Planning and Historic Preservation, Inc., related to design services for the new library. (M. Roath, City Manager) Staff Comments ChkOS City Manager Roath addressed Council stating that the City Council selected as the architectural firm to design the new Library, City Hall and Recreation Center. Upon Council's selection, the City Administration began the negotiation process for a contract. Mr. Roath explained that the presented documents included master contracts f h A' nv I ' Addendum #1 covers the library design and cost thereol;lth em re�irst project of the bond package. He stated that this contract included $50,000 for site selection on an "as needed" basis and $75,000. for the re-assessment of the 2004 Needs Assessment to make sure the areas addressed were still pertinent. He explained that Mr. Craig Melde of Aa C1ni olds was present to answer any question. He noted that the contract had been reviewed by the City Attorney's Office. Mayor Mondy asked City Manager Roath if the council choose the site for these buildings without much discussion could the cost of$50,000. be saved. Mr. Roath replied that it could. Architect/Council Discussion Mayor Mondy asked Mr. Melde with steel, concrete and other construction costs going up, was there enough funds based on the bond proposal to build these buildings and would the square footage change from that originally proposed. Mr. Melde replied that his company is charged with the responsibility to confirm square footages and cost to make sure these projects stay on budget. He explained that the option the City had chosen to obtain a design architect and a construction manager was a good choice and would allow both parties to make sure this project comes in on budget. He explained that there are choices in construction materials that can lower the cost for the buildings and allow for the same square footage. These options will be completely studied before any recommendations/options are made. He did advise Council to move forward as soon as possible due to the rising costs. Mr. Roath explained that the contract called for 9 months for the library design but he felt it could be designed in 7 months. Mr. Melde stated that the City may also want to share some spaces between buildings which would also be a cost savings. Mayor Mondy asked if these buildings would be built "to last". Mr. Melde replied that absolutely they would. tf4l-eyet;5 is committed to sustainable architecture and that means low maintenance products and materials that will last and keep maintenance down. We will also make sure these buildings use energy conservation and the buildings are"green"buildings. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to accept and approve AlA Document B141- 1007, Part 1 and Addendum#1 Part 2, and AIA Document G606- 2000 between the City of Wylie and AfUnilgtlRS Architecture, Planning and Historic Preservation, Inc. related to design services for the new library. A vote was taken and passed 5- 0 with Councilman Byboth and Councilman White absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Carole Ehrlich read the captions to Ordinances 2006-43, 2006-44, 2006-46, and 2006-47 into the official records. Mayor Mondv convened into Work Session at 6:47 o.m_ Minutes—July 25,2006 Wylie City Council Page 7 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 12, 2006 Item Number: 8 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: 613-5723 Date Prepared: 12/05/06 Budgeted Amount: $ 1,069,280 Exhibits: 4 Subject Consider, and act upon, award of a contract, in the amount of$1,021,000.00, to Crescent Constructors, Inc. for the Nortex Pump Station Improvements. Recommendation Motion to award a contract to Crescent Constructors, Inc. in the amount of$1,021,000.00 for the Nortex Pump Station Improvements. Discussion On November 30, 2006 the City opened three bids for improvements to the Nortex Pump Station which include a new pump building with three 1,600 gpm vertical turbine pumps, and related piping, valves and electrical equipment. The improvements are included in the Water System Capital Improvements Plan, the Water Impact Fees, and the Water and Sewer Rate Study. On October 24, 2006, Council awarded contracts for the purchase of the pumps, valves, and electrical equipment to expedite the delivery time. Currently, the Cities water system operates as one service zone. With the completion of the Creekside elevated storage tank, the system will be split into two separate service zones or pressure plains, each with its own ground and elevated storage tanks and pump stations. Because of the split of the system and the continued growth of the City, additional pumping capacity is needed in the lower pressure plain. $656,000 is budgeted in the FY 2007 Capital Program for the improvements to the Nortex pump station and a total of $1,069,280 is included in the Capital Improvements Plan. The CIP also included $1,077,000 for improvements to the NTMWD pump station which had been delayed as a result of the requirement for an air gap by the water district. As a result, pump capacity has been increased at the Nortex pump station which has increased the cost of the initial improvements. Staff is working with the engineer to develop alternatives to the improvements originally programmed for the NTMWD pump station which may include moving the delivery point, or deleting the delivery point entirely and increasing the capacity at the other pump stations. The low bid was submitted by Crescent Constructors, Inc. of Richardson, Texas. The bid includes $ 178,767.00 for equipment which has already been purchased by the City. The current unencumbered water impact fee fund balance is approximately $1,300,000 which is available for this project. Approved By Initial Date Department Director CH 12/0 /06 City Manager b4/114 \ �a �(40(2 Page 1 of 1 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave.,#220 Dallas,Texas 75231 Fax(214)361-0204 Phone(214)361-7900 JOHN W.BIRKHOFF,P.E. RONALD V.CONWAY,P.E. GARY C.HENDRICKS,P.E. JOE R.CARTER,P.E. PAUL A.CARLINE,P.E. MATT HICKEY,P.E. December 1, 2006 Mr. Chris Hoisted,P.E. City Engineer City of Wylie 949 Hensley Lane Wylie,Texas 75098 Re: Nortex Pump Station Improvements—Phase 1 Recommendation for Award of Contract Dear Mr. Hoisted: We checked the bids received at 10:00 a.m. on November 30, 2006, for construction of Phase 1 of the Nortex Pump Station Improvements and are returning the original bid documents and bid bonds with this letter. We are enclosing three (3) copies of the Bid Tabulation for your use. Crescent Constructors, Inc. of Richardson,Texas, submitted the lowest bid for the project. The Base Bid amount is $1,013,000.00 and the Alternate Bid Item(transit Time Meter) amount is $8,000.00. The total amount for the Base Bid plus the Alternate Bid Item is $1,021,000.00. Crescent Constructors, Inc. bid one hundred thirty(130)calendar days for substantial completion of the project. This is the maximum amount of time allowed in Section SC.11 of the Special Conditions. The other two bidders also bid 130 calendar days. We have recent experience working with Crescent Constructors, Inc. on a similar project and in our opinion, they have the qualifications necessary to successfully complete this project. Accordingly,we recommend that the City of Wylie accept the bid of Crescent Constructors, Inc. and award them a contract for construction of Phase 1 of the Nortex Pump Station Improvements project. The amount of the contract will depend on whether or not the alternate is included in the project. We believe the best option is to award a contract in the amount of$1,021,000.00 for the Base Bid plus the Alternate Bid Item. We are returning the original bids and bid bonds received yesterday from Crescent Constructors,Inc.,Red River Construction and Archer Western Contractors, Ltd. We understand you will return the bid bonds. We are available to discuss this matter at your convenience. Sincerely yours, Joe R. Carter,P.E. Enclosures j:\clerical\wylic\2006-120 nortex pump station\construction bid\letters\k\recomendaward-1.doc CITY OF WYLIE, TEXAS Nortex Pump Station Improvements -Phase 1 BID SUMMARY Bids Received @ 10:00 a.m., Thursday, November 30, 2006 Alternate Total Amount Bid Calendar Contractor Base Bid Bid (Base+Alternate) Days Bid 1. Crescent Constructors, Inc. 1100 Grinnell Drive Richardson,Texas 75081 $ 1,013,000.00 $8,000.00 $ 1,021,000.00 130 2. Red River Construction 2804 Capital Street Wylie,Texas 75098 $ 1,098,522.00 $7,400.00 $ 1,105,922.00 130 3. Archer Western Contractors, Ltd 2121 Avenue J, Suite 103 Arlington,Texas 76006 $ 1,107,920.00 $7,200.00 $ 1,115,120.00 130 1:\Wylie\2006120\specs\Construction Bid\Tech\P&BS-2.xls TABULATION OF BIDS BID OF BID OF BID OF , Date: November 30,2006 Project: CITY OF WYLIE, TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Crescent Constructors,Inc. Red River Construction Archer Western Contractors,Ltd t Nortex Pump Station Improvements-Phase 1 CONSULTING ENGINEERS 1100 Grinnell Drive 2804 Capital Street 2121 Avenue J,Suite 103 Dallas,Texas Richardson,Texas 75081 Wylie,Texas 75098 Arlington,Texas 76006 I Item Approximate Unit Bid Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension I Price Extension BASE BID 1 1 L.S. Construct Improvements to Existing Pump Station Building $10,000.00 $ 10,000.00 $42,500.00 $ 42,500.00 $24,000.00 $ 24,000.00 2 1 L.S. Furnish&Install All Equipment,Lighting and Accessories in Electrical Equipment Room $110,000.00 $ 110,000.00 $164,500.00 $ 164,500.00 $105,000.00 $ 105,000.00 Construct Vertical Turbine Pump Building Together With All Equipment,Piping,Lighting and 3 1 L.S. Accessories,Including up to 400 Vertical Feet of 18-inch Drilled Piers $599,746.00 $ 599,746.00 $519,100.00 $ 519,100.00 $728,000.00 $ 728,000.00 4 121 L.F. Furnish&Install 36-Inch Water Line By Open Cut With Specified Embedment $600.00 $ 72,600.00 $800.00 $ 96,800.00 $380.00 $ 45,980.00 5 373 L.F. Furnish&Install 24-Inch Water Line By Open Cut With Specified Embedment $200.00 $ 74,600.00 $250.00 $ 93,250.00 $170.00 $ 63,410.00 6 2 Ea. Furnish&Install 24-Inch Butterfly Valves $4,000.00 $ 8,000.00 $1,800.00 $ 3,600.00 $1,000.00 $ 2,000.00 7 1 L.S. Furnish&Install 8-Inch Surge Relief Line&Connect to Proposed 36-Inch Suction line $12,000.00 $ 12,000.00 $13,800.00 $ 13,800.00 $6,700.00 $ 6,700.00 8 127 L.F. Furnish&Install 6-Inch P.V.C.Drain Line(Yard Piping) $30.00 $ 3,810.00 $40.00 $ 5,080.00 $25.00 $ 3,175.00 9 1 L.S. Furnish&Install All Yard Electrical Conduit,Lighting and Wiring $72,000.00 $ 72,000.00 $87,000.00 $ 87,000.00 $70,000.00 $ 70,000.00 10 467 S.Y. Construct Reinforced Concrete Access Drive&Parking $35.00 $ 16,345.00 $50.00 $ 23,350.00 $45.00 $ 21,015.00 11 664 S.F. Construct 4-ft.Reinforced Concrete Sidewalk $4.00 $ 2,656.00 $10.00 $ 6,640.00 $5.00 $ 3,320.00 12 641 L.F. Construct Chain Link Security Fence $20.00 $ 12,820.00 $20.00 $ 12,820.00 $18.00 $ 11,538.00 13 541 L.F. Remove&Dispose of Chain Link Security Fence $3.00 $ 1,623.00 $2.00 $ 1,082.00 $2.00 $ 1,082.00 14 1 L.S. Connect to Existing 24"Water Discharge Line,Cut,Plug&Abandon Discharge Header $2,500.00 $ 2,500.00 $9,600.00 $ 9,600.00 $4,000.00 $ 4,000.00 15 1 L.S. Remove Existing Plug&Connect to Existing 14"Water Suction Line $1,000.00 $ 1,000.00 $5,700.00 $ 5,700.00 $3,000.00 $ 3,000.00 16 1 L.S. Provide Hydromulch Seeding and Water to Obtain Stand of Grass $2,000.00 $ 2,000.00 $3,500.00 $ 3,500.00 $3,000.00 $ 3,000.00 17 1 L.S. Prepare&Implement Trench Safety Plan&Devices $1,000.00 $ 1,000.00 $1,500.00 $ 1,500.00 $2,000.00 $ 2,000.00 18 1 L.S. Furnish,Install&Maintain Erosion Control Devices $3,500.00 $ 3,500.00 $2,800.00 $ 2,800.00 $4,000.00 $ 4,000.00 19 40 V.F. Construct Vertical Footage 18-inch Drilled Shaft Over 400 V.f.in Lump Sum Bid $45.00 $ 1,800.00 $40.00 $ 1,600.00 $50.00 $ 2,000.00 20 1 L.S. Construct 5-ft.Metering Manhole&Related Conduits(Base Bid) $5,000.00 $ 5,000.00 $4,300.00 $ 4,300.00 $4,700.00 $ 4,700.00 TOTAL AMOUNT OF BASE BID (Items 1 Through 20) $ 1,013,000.00 $ 1,098,522.00 $ 1,107,920.00 ALTERNATE BID 1 A I L.S. Furnish&Install Transit Time Meter,Wiring&Appurtenances $8,000.00 $ 8,000.00 $7,400.00 $ 7,400.00 $7,200.00 $ 7,200.00 TOTAL AMOUNT OF ALTERNATE BID (Item 1A) $ 8,000.00 $ 7,400.00 $ 7,200.00 TOTAL AMOUNT OF BID (Base Bid +Alternate Bid) $ 1,021,000.00 $ 1,105,922.00 $ 1,115,120.00 Calendar Days Bid: 130 130 130 I:\Wylic\2006t20\specs\Construction Bid\Tech\P&eS-2.xls Page 1 of 1 Birkhoff Hendricks&Conway,L.L.P. (2/14/2006) Table No. 11 CITY OF WYLIE, TEXAS WATER DISTRIBUTION SYSTEM 10-YEAR CAPITAL IMPROVEMENT PLAN Water Lines Opinion of Project Construction Debt Service No. Year Project Size Cost(1) (2) Total Project Cost Ll 2005 Creekside Distribution Line No.1 20" $ 866,000 $ 545,581 $ 1,411,581 L2 2005 Creekside Distribution Line No.2 16"-20" $ 416,500 $ 262,395 $ 678,895 L3 2006 Newport Harbor Distribution Line No. 1 12"-24" $ 1,396,000 $ 879,480 $ 2,275,480 LA 2007 Creekside Distribution Line No.3 16" $ 568,000 $ 357,840 $ 925,840 L5 2008 F.M. 1378 Distribution Line No.1 12" $ 449,000 $ 282,870 $ 731,870 L6 2006 Westgate 20"Waterline Crossing at F.M.544 20" $ 97,500 $ 61,425 $ 158,925 L7 2007 State Highway 78 Distribution Line No.1 20"-24" $ 942,000 $ 593,460 $ 1,535,460 L8 2008 State Highway 78 Distribution Line No.2 16"-24" $ 830,500 $ 523,216 $ 1,353,716 L9 2009 Hensley Lane Distribution Line No. 1 12" $ 916,000 $ 577,080 $ 1,493,080 L10 2005 East Alanis Drive Distribution Line 12" $ 250,000 $ 131,250 $ 381,250 L11 2010 Lake Travis Drive and Canyon Lake Drive Waterlines 8" $ 99,000 $ 62,370 $ 161,370 L12 2012 East Side Water Distribution Lines 12" $ 473,000 $ 297,990 $ 770,990 L13 2012 Woodbrid a Water Distribution Line 8"-12" $ 740,000 $ 466,200 $ 1,206,200 L14 2007 Pressure Reducing Valve Vaults 8"-12" $ 314,500 $ 198,135 $ 512,635 L15 2007 Brown Street and Sanden Water Lines 12" $ 300,000 $ 189,000 $ 489,000 Subtotal: Water Lines $ 8,658,000 $ 5,428,292 $ 14,086,292 Pumping and Storage Facilities Opinion of Project Construction Debt Service No. Year Project Capacity Cost(1) (2) Total Project Cost Pi 2005 Nortex Ptunp Sta np avements-Phase 1 2.3 MD $ 163.000-$ 102,690 $ 265,690 SI 2005 Creekside Elevated Storage Tank 2.0 MG $ 2,883,260 $ 1,816,454 $ 4,699,714 P2 2006: "wax PumPStatinn Inspnwements-Phase 2 $.9 MOD :$ 3 . $ 225440 $ 583 S2 2006 Newport Harbor Ground Storage Reservoir No.2 2.0 MG $ 1,255,200 $ 790,776 $ 2,045,976 P3 2006 NTMWD Pump Station Improvements-Phase 1 6.1 MGD $ 941,000 $ 592,830 $ 1,533,830 P4 2007 Newport Harbor Pump Station Improvements-Phase 1 8.3 MGD $ 160,000 $ 100,800 $ 260,800 S3 2007 Nortex Ground Storage Reservoir No.2 1.5 MG $ 913,000 $ 575,190 $ 1,488,190 P5 2008 Newport Harbor Pump Station Improvements-Phase 2 11.5 MGD $ 160,000 $ 100,800 $ 260,800 P6 2009 NTMWD Pump Station Improvements-Phase 2 9 MGD $ 130,000 $ 81,900 $ 211,900 P7 2012;, ot"11*Pump Station ltnprorvements-Phase 3 8,8 MOO $ 135, $ 85,050 $ 220,050 S4 2012 Ballard Elevated Storage Tank Replacement 1.5 MG $ 2,675,000 $ 1,685,250 $ 4,360,250 S5 2012 Newport Harbor Ground Storage Reservoir No. 1(New) 1.0 MG $ 844,000 $ 531,720 $ 1,375,720 S6 2012 Nortex Ground Stora•e Reservoir No. 1(Replace) 1.0 MG $ 675,000 $ 425,250 $ 1,100,250 P8 2014 NTMWD Pump Station Improvements-Phase 3 10.9 MGD $ 136,000 $ 85,680 $ 221,680 Subtotal: Pumping and Storage Facilities $ 11,428,460 $ 7,199,930 $ 18,628,390 1:\Clerical\wylo0002164\Reports\Report w-ww CT.xis\Water -26- Birkhoff,Hendricks&Conway,L.L.P. (2/14/2006) Table No. 11 CITY OF WYLIE, TEXAS WATER DISTRIBUTION SYSTEM 10-YEAR CAPITAL IMPROVEMENT PLAN Previous Water System Bonds Debt Service Year Project %Utilized Principle (Actual) Total Cost 2002 Wylie Water&Sewer Bonds @ 50%of Total 45% $ 232,875 $ 99,024 $ 331,899 2000 Wylie Water&Sewer Bonds @ 20%of Total 45% $ 132,300 $ 61,632 $ 193,932 2000 Regency Elevated Storage Tank 20% $ 257,000 $ 159,340 $ 416,340 1999 Wylie Water&Sewer Bonds @ 50%of Total 50% $ 277,500 $ 118,533 $ 396,033 1999 Wylie General,Water&Sewer Bonds @ 22.2225%of Total 50% $ 226,114 $ 80,343 $ 306,457 Subtotal:Previous Water System Bonds $ 1,125,789 $ 518,871 $ 1,644,661 Planning Expenses Opinion of Debt Service Year Project Cost(1)(b) (2) Total Project Cost 2005 Update Water System Master Plan $ 26,000 $ - $ 26,000 2005 Water Impact Fee $ 20,000 $ - $ 20,000 Subtotal,Planning Expenses: $ 46,000 $ 46,000 Total Expenses For Impact Fees Debt Service Project %Utilized Principle (2) Total Cost Water Transmission Lines 86.2075% $ 8,658,000 $ 5,428,292 $ 12,143,440 Pumping and Storage Facilities 80.1041% $ 11,428,460 $ 7,199,930 $ 14,922,108 Utilized Percentage of Previous Water System Bonds 100.000% $ 1,125,789 $ 518,871 $ 1,644,661 Planning Expenses 100.000% $ 46,000 $ - $ 46,000 Subtotal:Previous Water System Bonds $ 21,258,249 $ 13,147,093 $ 28,756,209 Notes: (1)Opinion of Cost includes: a) Engineer's Opinion of Construction Cost b) Professional Services Fees(Survey,Engineering&Testing) c) Cost of Easements based on$15/L.f of Open Cut Installation unless planned installation in existing right-of-way (2)Debt Service based on 20-year simple interest bonds at 6% JACIerical wyce2oo216a\ReponeReport w-ww Cm.xis\Water -27- 750 az..E- ,e — 730 750 gpm 500.000 GALLON 50 hp — GST I750 gpml -.- ._-_...---. ..._._..._._.�.14-..80'N1MMD 700 � ! .... SO hp N — 1 c2 __T— 879.5 - 880 , J \ 9P � 8� , ---._._---... t 125 hp $ 5�I �.J.. 2S 650 — i \ 2400 gpm _` . \ 125 hp 644 •_ _-.� — (') \ Nif WPOR T 116�(�BOR P `�. LP 1 \ i .1 4'i `1...1 i (_)i r - - _ cj _�� UPPER ��_�_� 1-1a I 570 / / f /// / / // \ SERVICE '" 550 �� AREA ��w 1 LJ ' /��/1// 534 LOWER Soo— `SERVICE _ EMERGENCY --- A K it A �� — IN IERCONNE::CT ,`� isoo gp,;;: 75 hp 450 1500 gpm {_- ___.. 8MMG Clearwell 435 500 Wm } /30 hp — 400 75 hp'`._ 1600 9W^ 1`�..1 30 hp r-r-._.---._. NTMWO PLAN SIII.. 75 hp ' 1800 gpm .....__ _.— - - 350 75 hp E J 1600 Wm 1 MMG — - ILIIIyIO.... 14'__._-_.. 300 - -' NOR TEX P.S. �F1„ur __ PROPOSAL TO THE CITY OF WYLIE, TEXAS FOR NORTEX PUMP STATION IMPROVEMENTS PHASE 1 The undersigned, as bidder, declares (1) that the only person or parties interested in this proposal as principals are those named herein; (2) that this proposal is made without collusion with any other person, firm,or corporation; (3) that he has carefully examined the Form of Contract, Notice to Contractors, specifications and the plans therein referred to; and (4) that he has carefully examined the locations, conditions, and classes of materials of the proposed work. The undersigned agrees that he will provide all the necessary labor, machinery, tools apparatus, and other items incidental to construction, and will do all work and furnish all the materials called for in the contract and specifications in the manner prescribed therein. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be necessary to complete the work fully as planned and contemplated,and that all quantities of work increased or decreased, are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work not shown on the plans or required by the specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletions of work so ordered. It is understood that the work is to be completed in full within the time designated. Accompanying this proposal is a Cashier's or Certified Check Bid Bon in the amount of 5% of the Greatest Amount of Bid Dollars ($ 5j,�� C .A. a ). The bid security accompanying this proposal shall be returned to the unsuccessful bidder. In the event the City accepts the proposal and the bidder fails to execute a contract, and file a performance bond (100% of total contract price)and a payment bond (100% of total contract price), if required (performance bond, if project is over S100,000 and payment bond if project is over S25,000), within ten (10) days after its acceptance, the bid security shall become the property of the OWNER and shall be considered as payment for damages due to delay and other inconvenience suffered by the OWNER on account of such failure of the bidder. A separate maintenance bond will be required for projects less than S100,000.00. Otherwise, it is included with the performance bond. It is understood that the OWNER reserves the right to reject any and all bids. ):kla;o.nwyga200e-120 norm pump,aewn zpec kon.waton biavech•tpeMp.kbo•I.aoe PBS-1 CITY OF WYLIE, TEXAS Nortex Pump Station Improvements-Phase 1 BID SCHEDULE BASE BID Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount Construct Improvements to Existing Pump ] 1 L.S. Station Building 1Q14u0,i 10 O00 �/� complete in place, the sum of -leyt J "1-110tot SG»rat Dollars and nD Cents per Lump Sum Furnish& Install All Equipment, Lighting and d� ��p� 2 1 L.S. Accessories in Electrical Equipment Room Odr) / complete in place, the sum of Mnp hyn�/4 i Ul Ow, Dollars and no Cents per Lum1 Sum Construct Vertical Turbine Pump Building U0 Together With All Equipment, Piping, Lighting Saar 716.' 59 ( ?�(6. and Accessories, Including up to 400 Vertical 3 1 L.S. Feet of 18-inch Drilled Piers complete in place,the sum of hut e harAt.1r41/4l/ hivol n i 01-e tksusq Kd i'c.0 to iA beet i S y Dollars and 171) Cents per Lump Sum 00 Furnish&Install 36-Inch Water Line By OpentkxD 4 121 L.F. Cut With Specified Embedment - ?2t ` complete inplaace,the sum of .S�tiC 0'l � e Dollars and Slt) Cents per Linear Foot u 00 Furnish&Install 24-Inch Water Line By Open g� I'7 l 6( )' 5 373 L.F. Cut With Specified Embedment co plete i plape. the sum of �tua Dollars and ?nC) Cents per Linear Foot Wy1i 2OO61:0YpecAConitfuetion Bid•Tsch'.PdatS-2 xis PBS-2 BASE BID Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount 6 2 Ea. Furnish&Install 24-Inch Butterfly.Valves 11000 ,% corn ete in place, the sum of yu,r G� and Dollars and 110 Cents per Each T - Furnish&Install 8-Inch Surge Relief Line & ad 7 1 L.S. Connect to Proposed 36-Inch Suction line t(2103(1 # I2O6Ot complete in place, the sum of f tvelu-Q + sc,,.1 Dollars and I/td Cents per Lump Sum Furnish& Install 6-Inch P.V.C. Drain Line UU Uhl 8 127 L.F. (Yard Piping) ) �r complete in place, the sum of Thirty Dollars and hV Cents per Linear Foot Furnish&Install All Yard Electrical Conduit, 1Z 711At%J 9 1 L.S. Lighting and Wiringj 1 co plete in place, the sum of StU{4nj� 0 ttITA 1 Dollars and no Cents per Lump Sum Construct Reinforced Concrete Access Drive & 10 467 S.Y. Parking complete in place,the sum of of ,` '61)Rri 15 Dollars and (0 Cents per Square Yard w;nr30,:MI:0speesK.omwaitmBid'.Teeh1P&85•..ab PBS-3 • BASE BID Item Estimated Price in Extended No. Quantity Unit Descr ption and Price in Words Figures Amount — 1 l 664 S.F. Construct 4-ft.Reinforced Concrete Sidewalk 4 complete in place, the sum of �'� D D/ 7 roti,R Dollars 1 and No Cents per Square Foot _ 12 641 L.F. Construct Chain Link Security Fence4 IP r complete in place, the sum of 0 � IftlE- I'(ti Dollars 7,{� and NU , Cents per Linear Foot Remove&Dispose of Chain Link Security 0J 13 541 L.F. Fence 113, 1 623' complete in place, the sum of -APte Dollars and NO , Cents per Linear Foot Connect to Existing 24" Water Discharge Line. pU 2 ,1 14 1 L.S. Cut, Plug& Abandon Discharge Header ,f Z/S I complete in place. the sum of ?1 O Ail 0cand A fret. h44nlrOar Dollars and 08 , Cents per Lump Sum . r Remove Existing Plug &Connect to Existing d 1 1 L.S. 14" Water Suction Line J/( �0U _POW comple a in place.the sum of �Jyl e_ v1f s4'IAA Dollars and itv Cents per Lump Sum , Provide Hydrornulch Seeding and Water to t, 0.1 16 1 L.S. Obtain Stand of Grass 110 1)./)000 complete place, the sum of QOt)"Iwo 4OMJ kpl n Dollars 1 and NA) Cents per Lump Sum wvl,,nob I_O peo.Censtruo,,on B1d•TOdh PkB5. p xis •SS-4 BASE BID 11 Item Estimated Price in Extended IL No. Quantity Unit Description and Price in Words Figures Amount • Prepare&Implement Trench Safety Plan & 17 1 L.S. Devices i) 00 ae complete in place, the sum of / li _..�% 1 0 00? 1 0 D0 , 0 WE t" 0(AA NV Dollars ) ) and IUD Cents per Lump Sum Furnish, Install &. Maintain Erosion Control 18 1 L.S. Devices 0 0 com ete in place,t sum of b j �'' "iy f-I 14I*/OKEP Dollars and Cents per Lump Sum pi BW, Construct Vertical Footage 18-inch Drilled Shaft * 1 19 40 V.F. Over 400 V.f. in Lump Sum Bid r.. i completeJUf4 in place. the sum of 7 Dollars and In 0 Cents per Vertical Foot 00 Construct 5-ft. Metering Manhole S & Related [)�V . 5000,E 20 1 L.S. Conduits(Base Bid) B complete in plat . the sum of J f t! e 1 o 34hC Dollars and AO Centsyer Lum• Sum _ lit 0 13 �i TOTAL AMOUNT OF BASE BID (Items 1 Throu 20) t h t Yrgiic300e120spccs.Consis WIN,Bi4tTcchP.LBS. sb PBS-S • ALTERNATE BID l Item Estimated Price in Extended No. Quantity L Unit Description and Price in Words Figures Amount Furnish & Install Transit Time Meter, Wirine& d -Pi 4�'� IA 1 L.S, Appurtenances coo1mplete in place, the sum of Q f5 Dollars and 116 Cents per Lump Sum _ - __._� 0 jit TOTAL AMOUNT OF ALTERNATE BID (Item IA) (J, ? Bid Item 1A is the cost difference between furnishing and installing empty conduit run and manhole and including the transit time meter together with all wiring. power and miscellaneous items for a complete operational unit. "�' (Base Bid + Alternate Bid ' 4 021,O .1 TOTAL AMOU T OF BID ) _ t Wvhc:001020speu•Gmttnt:tinn Bid tah.PS95•:<h PBS-6 • I' In the event of the award of a contract to the undersigned, the undersigned will (1) furnish a Performance Bond for the full amount of the contract, (2)a Payment Bond for the full amount of the contract, (3)secure proper compliance with the terms and provisions of the contract, (4) insure and guarantee the work until final completion and acceptance and (5) guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. The undersigned hereby proposed and agrees to perform all work of whatever nature required in strict accordance e withthe nj p and specifications, and to "substantially complete" all items of work within OtVORR '(F}1 KT 11 (J D )consecutive calendar days after issuance of the Notice to Proceed. This length of time shall not exceed one hundred thirty(130)calendar days as specified in the Special Conditions,Section SC.11. The work proposed to be done shall be accepted when the City is satisfied that work is fully completed and finished in accordance with the plans and specifications. The undersigned certifies, that the "prevailing rates" shown in the Special Conditions shall be the minimum wages paid and agrees to certify that the minimum wages have been paid, upon completion of the project. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. NOTE: Unit and Lump Sum prices must be shown in words and figures for each item listed in this proposal and in the event of discrepancy the words shall control. Receipt is hereby acknowledged for the following addenda to the contract documents: Addendum No. 1 dated 27 0 Received Addendum No.2 dated Received Addendum No.3 dated Received Addendum No.4 dated Received Addendum No.5 dated Received Contractor shall submit General Certificate of Insurance as part of the sealed bid. C'RFIC f Citc f Contractor By: if 1e/ 4 Q- V bV 4} (please print name) Signature: 41147 Title: ply -npl"-/i! Seal and Authorization POD mvP1,11, Pg. (If a Corporation) Ass R i cfrARIY0) X i ICI)/) City,County,State and Zip �971) �f3 -6q0) 61�4139-111C Telephone f Fax No. E-Mail Address: MJ4))ee @ 4X +rr, CO , ;. n.,aums immax pump satiestcoannosien bilNipaidaseb4peOwtw4.aoo PBS-7B Addendum No.3 BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford,Connecticut 06183 • Bond No. 1 130C KNOW ALL MEN BY THESE PRESENTS, • Thatwe, Crescent Constructors, Inc. as Principal,hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMF/ANY OF AMERICA,of Hartford,Connecticut,a corporation duly organized under the laws of the State bf Connecticut,as Surety,hereinafter called the Surety,are held and firmly bound unto The City of Wylie, Texas • • r,. • as Obligee,hereinafter called the Obligee,in the sum of Five Percent of Greatest Amount Bid Dollars($ 5% of GAB ),for the payment of which sum Well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these per- • WHEREAS,the Principal has submitted a bid for Nortex Pump Station Improvements - Phase I • • NOW,THEREFORE,ff the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with • the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or• Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt .payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Prindpai shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shag be null and void,otherwise to remain in full force and effect.- Signed and sealed this 30 day of November, 2006. . Crescent Constructors, Inc. ames P. Fulton tom) Aid 14 004 By aiMichaele, President (res) w.,�,/ • TRAVELERS CASUALTY AI )SURETY COMPANY OF AMERICA _ . ames P. Fulton tom) By • Chris M. Hill ( orney:In-F Printed in cooperation with the American Institute of Architects(AIA)by Travelers Casualty and Surety Companmf America.;The language in this dgcument conforms exactly to the language used-in AlA Document A340,February 1870 edition: • - . • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • W TRAVELERS POWER OF ATTORNEY . Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 214950 Certificate No.0 0125 2 210 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Gash R.Harbaugh,Chris M.Hill,and Donald G.Murray of the City of Dallas .State of Tel as ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their.busjness of„guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or ppeq 1'in ax ons o viceedings allowed by law. j f IN WITNESS WHEREOF,the Companies have caused this ins npto be ned'and tv+corporate seals to be hereto affixed,this 17th tr}� dayof October 20064yg Farmington Casualty Core p�yt ' , St.Paul Guardian Insurance Company Fidelity and Guaranty or�� o pa e St.Paul Mercury Insurance Company ' ' Fidelity and Guaranty InsuF�q�ice��.lnderw ers,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company slurry 0 r c t awn or*: p♦ at. s�,, * •wh tb 1.o0 n1 4 tNo. t ,r' A i + CM 3Lj" `$ELg jtio3E J } 1. I. eeW .mo s , . , . 'f State of Connecticut By: 41 City of Hartford ss. Georg Thompson, ice President • On this the 17th day of October , 2006 ,before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc..Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. �W w' ` . V My Commission expires the 30th day of June,2011. * * Marie C.Tctreault,Notary Public ;• 1«.1•1f-''r 58440-8-06 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: December 12, 2006 Item Number: 9 Department: (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: December 5, 2006 Budgeted Amount: $5,470,000 Exhibits: Contract Documents Subject Consider, and act upon, awarding an Engineering Services contract, in an amount not to exceed $473,434.00, to Halff Associates, Inc. for the design of Founders Park Improvements. Recommendation Motion to award an Engineering Services contract, in an amount not to exceed $473,434.00, to Halff Associates, Inc. for the design of Founders Park Improvements. Discussion On August 8, 2006, the City Council chose Halff Associates, Inc. as the design firm for the Founders Park Improvements project. Upon Council's selection, City staff began the negotiation process for a contract. As part of the process, City staff and the consultant worked cooperatively to develop a Scope of Services, Major Task Schedule, and Fee Schedule. The City Attorney participated in developing and reviewing the Engineering Services Agreement. To assure that the public and City Council have ample opportunity to contribute input to the design process, the Scope of Services includes two Stakeholder meetings, two public input workshops with the Park Board, one Council Work Session, and one Council Meeting. At this time, it is anticipated that construction can begin in the fall of 2007 and be completed in the Spring of 2008. Currently, Founders Park is a 65 acre site containing two lighted baseball fields, five lighted soccer fields, and Pirates Cove Playground. In November 2005, voters approved a 5.47 million dollar bond package to add 14 more soccer fields, two more baseball fields, concession stand/restroom facilities, additional parking, hike and bike trails, and other amenities to the existing park. Staff is currently working to acquire an additional 17 acres of open space adjacent to the existing park. If successfully acquired, this parcel will be used to enhance the approved bond improvements. The project Scope of Services includes the design of improvements in the additional 17 acre parcel. Approved By Initial Date Department Director MS 12/5/06 City Manager (�(ti b� Page 1 of 1 AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS (CITY) AND HALFF ASSOCIATES, INC. (CONSULTANT) FOR ENGINEERING SERVICES AGREEMENT Made as of the day of in the year Two Thousand and Six: BETWEEN the City: The City of Wylie, Texas 2000 Highway 78 North Wylie, Texas 75098 Telephone: (972)442-8120 Facsimile: (972) 442-4302 and the Consultant: Half Associates, Inc. 8616 Northwest Plaza Drive Dallas, Texas 75225 Telephone: (214) 346-6200 Facsimile: (214) 739-0095 for the following Project: Founders Park Improvements, The City and the Consultant agree as set forth below. THIS AGREEMENT is made and entered by and between the City of Wylie, Texas, a Home-Rule Municipal Corporation, hereinafter referred to as "City," and Half Associates, Inc., hereinafter referred to as "Consultant," to be effective from and after the date as provided herein, hereinafter referred to as "Agreement." WHEREAS, the City desires to engage the services of the Consultant to design and prepare construction documents for Founders Park Improvements, in Wylie, Texas, hereinafter referred to as "Project;" and WHEREAS, the Consultant desires to render such professional engineering services for the City upon the terms and conditions provided herein. City of Wylie—Consultant Services Agreement with Halff Associates,Inc. Page 1 461885.v2 11/17/2006 NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: ARTICLE 1 CONSULTANT'S SERVICES 1.1 Employment of the Consultant — The City hereby agrees to retain the Consultant to perform professional engineering services in connection with the Project. Consultant agrees to perform such services in accordance with the terms and conditions of this Agreement. 1.2 Scope of Services — The parties agree that Consultant shall perform such services as are set forth and described in Exhibit "A," which is attached hereto and incorporated herein by reference for all purposes. The parties understand and agree that deviations or modifications to the scope of services described in Exhibit "A," in the form of written change orders, may be authorized from time to time by the City. 1.2.1 Requirement of Written Change Order — "Extra" work, or "claims" invoiced as "extra" work, or "claims" which have not been issued as a duly executed, written change order by the Wylie City Manager, will not be authorized for payment and/or shall not become part of the subcontracts. A duly executed written change order shall be preceded by the Wylie City Council's authorization for the Wylie City Manager to execute said change order. 1.2.2 DO NOT PERFORM ANY EXTRA WORK AND/OR ADDITIONAL SERVICES WITHOUT A DULY EXECUTED WRITTEN CHANGE ORDER ISSUED BY THE WYLIE CITY MANAGER. Project Managers, Superintendents, and/or Inspectors of the City are not authorized to issue verbal or written change orders. 1.3 Schedule of Work — The Consultant agrees to commence work immediately upon the execution of this Agreement, and to proceed diligently with said work to completion as described in the Compensation Schedule / Project Billing / Project Budget attached hereto as Exhibit "B" and incorporated herein by reference for all purposes, but in no event shall the Project be completed any later than December 31, 2007. ARTICLE 2 THE CITY'S RESPONSIBILITIES City shall do the following in a timely manner so as not to delay the services of Consultant: City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 2 461885.v2 11/17/2006 2.1 Project Data — The City shall furnish required information that is currently has in its possession, as expeditiously as necessary for the orderly progress of the work, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. 2.2 City Project Manager — The City shall designate, when necessary, a representative authorized to act on the City's behalf with respect to the Project (the "Project Manager"). The City or such authorized representative shall examine the documents submitted by the Consultant and shall render any required decisions pertaining thereto as soon as practicable so as to avoid unreasonable delay in the progress of the Consultant's services. The Project Manager is not authorized to issue verbal or written change orders for "extra" work or "claims" invoiced as "extra"work. ARTICLE 3 CONSULTANT'S COMPENSATION 3.1 Compensation for Consultant's Services — As described in "Article 1, Consultant's Services," compensation for this Project shall be on a Type of Payment Basis not to exceed Four Hundred Seventy-Three Thousand Four Hundred Thirty-Four Dollars ($473,434.00), ("Consultant's Fee") and shall be paid in accordance with Article 3 and the Compensation Schedule / Project Billing / Project Budget as set forth in Exhibit "B." 3.1.1 Completion of Record Documents — City and Consultant agree that the completion of the Record Documents and/or "As-Built" Documents, including hard copy formatting and electronic formatting, shall be completed, submitted to, and accepted by the City prior to final payment of Consultant's services. The Consultant may rely upon the accuracy and completeness of the information provided by the construction contractor through the City. Engineer shall provide drafting services in preparing these documents and shall perform these drafting services in a manner consistent with the electronic formatting standards established in Exhibit "C," City of Wylie Guidelines for Computer Aided Design and Drafting ("CADD"). Consultant shall be entitled to include any and all clarifications and notes as may be necessary to properly document the information and appropriate sources. Completion of the Record Documents and/or "As- Built" documents shall be included in the Consultant's Fee and considered to be within the Scope of Services defined under this Agreement. 3.1.2 Disputes between City and Construction Contractor — If the Project involves the Consultant performing Construction Administration Services relating to an agreement between a Construction Contractor (the "Contractor") and the City, and upon receipt of a written request by City, Consultant shall research previous and existing conditions of the Project, and make a determination whether or not to state in its reasonable and City of Wylie—Consultant Services Agreement with Halff Associates,Inc. Page 3 461885.v2 11/17/2006 professional judgment sufficient cause exists for the City to declare the Contractor in default of the terms and conditions of the agreement. Consultant shall submit his findings in writing to the City, or submit a written request for a specific extension of time (including the basis for such extension), within fifteen (15) calendar days of receipt of the written request from the City. City and Consultant agree that if requested by the City, completion of this task shall be included in the Consultant's Fee and considered to be within the Scope of Services as defined under this Agreement. 3.1.3 Consultation and Approval by Governmental Authorities and Franchised Utilities — Consultant shall be responsible for identifying and analyzing the requirements of governmental agencies and all franchise utilities involved with the Project, and to participate in consultation with said agencies in order to obtain all necessary approvals and/or permissions. The Consultant shall be responsible for preparation and timely submittal of documents required for review, approval, and/or recording by such agencies. The Consultant shall be responsible for making such changes in the Construction Documents as may be required by existing written standards promulgated by such agencies at no additional charge to City. 3.1.4 Substantial Compliance with Architectural Barriers Act — Should the Project fall within the regulatory requirements of the Texas Architectural Barriers Act (the "Barriers Act"), as solely determined by the City, Consultant shall comply with the Barriers Act. As part of the Scope of Services defined in this Agreement, it is the sole responsibility of the Consultant to identify and analyze the requirements of the Barriers Act and to become familiar with the governmental authorities having jurisdiction to approve the design of the Project. Consultant shall participate in consultations with said authorities in order to obtain approval for the Project. As part of the services provided under the Consultant's Fee, the Consultant shall obtain the Notice of Substantial Compliance for the Project from the Texas Department of Licensing and Regulation (the "TDLR"). The Consultant shall, without additional compensation, immediately correct any errors, omissions, or deficiencies in the design services and/or construction documents identified by TDLR and/or a Registered Accessibility Specialist ("RAS") at any phase of the Project, either by review of the construction documents, or inspection of the Project at the commencement of construction, during the construction of the Project, or at the completion of construction. 3.1.4.1 Submission of Construction Documents to TDLR — The Consultant shall mail, ship, or hand-deliver the construction documents to TDLR not later than five (5) calendar days after the Consultant issues the construction documents for the Project. City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 4 461885.v2 11/17/2006 3.1.4.2 Completion of Registration Form to TDLR — Consultant shall complete an Elimination of Barriers Project Registration Form (The "Form") for each subject building or facility within the Scope of the Project, and submit the registration form(s) along with the applicable fees not later than fourteen (14) calendar days after the Consultant completes the submittal of the construction documents to TDLR. 3.1.4.3 TDLR Approval of Construction Documents — After review of the construction documents by TDLR, the Consultant shall be notified in writing of the results; however, it is the Consultant's responsibility to obtain TDLR's written comments. The Consultant shall address all comments that prevent TDLR approval of the construction documents, including comments relating to Conditional Approval that must be addressed in the design and construction of the Project. Consultant shall resubmit construction documents to TDLR for prior review to the completion of construction of the Project. 3.1.4.4 TDLR Project Inspection — Consultant shall request an inspection from TDLR or a TDLR locally approved RAS no later than thirty (30) calendar days after the completion of construction of the Project. The Consultant shall advise the City in writing of the results of each Project inspection. City reserves the right to verify the written results with TDLR at any time during design, construction, or at the completion of the Project. 3.1.4.5 Corrective Modifications following TDLR Project Inspection - When corrective modifications to achieve substantial compliance are required, the TDLR inspector or the RAS shall provide the Consultant a list of deficiencies and a deadline for completing the modifications. Consultant shall provide the City with this list within five (5) calendar days of receipt. It is the sole responsibility of the Consultant to completely address the deficiencies by the stated deadline or to obtain a written notice of extension from the TDLR. When the corrective measures have been completed, Consultant shall provide the TDLR (and/or the RAS who completed the inspection) and the City with written verification of the corrective measures completed. 3.1.4.6 TDLR Notice of Substantial Compliance —TDLR shall provide a Notice of Substantial Compliance to the City after the newly constructed Project has had a satisfactory inspection, or Consultant has submitted verification of corrective modifications. City and Consultant agree that the final five percent (5%) of Consultant's Fee, allocated for the design of the Project or an amount not to exceed Twenty-Three Thousand Six Hundred City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 5 461885.v2 11/17/2006 Seventy-One and 70/100 Dollars ($23,671.70) shall not be paid until the City is in receipt of the TDLR's Notice of Substantial Compliance for all Project components and/or phases of the Project. 3.2 Direct Expenses — Direct Expenses are included in the Consultant's Fee as described in Article 3.1 and include actual reasonable and necessary expenditures made by the Consultant and the Consultant's employees and subcontractors in the interest of the Project. All submitted Direct Expenses are to be within the amounts as stated in the Compensation Schedule / Project Billing / Project Budget set forth in Exhibit "B," and consistent with Exhibit "D," City of Wylie Guidelines for Direct Expenses, General and Administrative Markup, and Travel and Subsistence Expenses. The Consultant shall be solely responsible for the auditing of all Direct Expenses, including the subcontractors, prior to submitting to the City for reimbursement, and shall be responsible for the accuracy thereof. Any over-payment by the City for errors in submittals for reimbursement may be deducted from the Consultant's subsequent payment for services; provided, however this shall not be the City's sole and exclusive remedy for said overpayment. 3.3 Additional Services — The Consultant shall provide the services as described in the Scope of Services as set forth in Exhibit "A" of this Agreement. If authorized in writing by the City, the Consultant shall provide additional services, to be compensated on an hourly basis in accordance with this paragraph ("Additional Services"). These services may include, but are not limited to: 3.3.1 Additional meetings, hearings, work-sessions, or other similar presentations which are not provided for or contemplated in the Scope of Services described in Exhibit "A." 3.3.2 Additional drafts and revisions to the Project which are not provided for or contemplated in the Scope of Services as described in Exhibit "A." 3.3.3 Additional copies of final reports and construction plans which are not provided for or contemplated in the Scope of Services as described in Exhibit "A." 3.3.4 Photography, professional massing models which are not provided for or contemplated in the Scope of Services as described in Exhibit "A." 3.3.5 Compensation for Additional Services authorized by the City shall be in addition to the Consultant's Fee and shall be based on direct billable labor rates and expenses. 3.3.6 Compensation for Additional Services authorized by the City shall be in addition to the Consultant's Fee and shall be based on an hourly basis according to the following personnel rates. The rates set forth in this chart City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 6 461885.v2 11/17/2006 are subject to reasonable change provided prior written notice of said change is given to City. Hourly Billable Rates by Position Name Position Hourly Rate Project Manager $150.00 Senior Civil Engineer $125.00 Civil Engineer $110.00 Civil/E.I.T. $ 80.00 Civil/CADD $ 70.00 Senior Structural Engineer $125.00 Structural CADD $ 82.00 Senior Electrical Engineer $125.00 MEP Cadd $ 80.00 Senior Architect $125.00 Architect CADD $ 80.00 Senior Landscape Architect $125.00 Landscape Architect $ 82.00 Clerical $ 60.00 Survey Coordinator $ 83.00 Survey Crew $107.00 3.4 Invoices — No payment to Consultant shall be made until Consultant tenders an invoice to the City. Invoices are to be mailed to City immediately upon completion of each individual task listed in Exhibit "B." On all submitted invoices, Consultant shall include appropriate background materials to support the submitted charges on said invoice. Such background material shall include, but is not limited to, employee timesheets, invoices for work obtained from other parties, and receipts and/or log information relating to Direct Expenses. All invoices for payment shall provide a summary methodology for administrative markup and/or overhead charges. 3.5 Timing of Payment — City shall make payment to Consultant for said invoices within thirty (30) days following receipt and acceptance thereof. The parties agree that payment by City to Consultant is considered to be complete upon mailing of payment by City. Furthermore, the parties agree that the payment is considered to be mailed on the date that the payment is postmarked. 3.6 Disputed Payment Procedures — In the event of a disputed or contested billing by City, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. City shall notify Consultant of a disputed invoice, or portion of an invoice, in writing by the twenty-first (21st) calendar day after the date the City receives the invoice. City shall provide Consultant an opportunity to cure the basis of the dispute. If a dispute is resolved in favor of the Consultant, City shall proceed to process said invoice, or the disputed portion of the invoice, within the provisions of Article 3.5. If a dispute is resolved in favor of the City, Consultant shall submit to City a corrected invoice, reflecting any and all payment(s) of the undisputed amounts, documenting the credited amounts, and identifying outstanding amounts on said invoice to aid City in processing payment City of Wylie—Consultant Services Agreement with Halff Associates,Inc. Page 7 461885.v2 11/17/2006 for the remaining balance. Such revised invoice shall have a new invoice number, clearly referencing the previous submitted invoice. City agrees to exercise reasonableness in contesting any billing or portion thereof that has background materials supporting the submitted charges. 3.7 Failure to Pay — Failure of the City to pay an invoice, for a reason other than upon written notification as stated in the provisions of Article 3.6 to the Consultant within sixty (60) days from the date of the invoice shall grant the Consultant the right, in addition to any and all other rights provided, to, upon written notice to the City, suspend performance under this Agreement, and such act or acts shall not be deemed a breach of this Agreement. However, Consultant shall not suspend performance under this Agreement prior to the tenth (10th) calendar day after written notice of suspension was provided to City, in accordance with Chapter 2251, Subchapter "D" ("Remedy for Nonpayment") of the Texas Government Code. The City shall not be required to pay any invoice submitted by the Consultant if the Consultant breached any provision(s) herein. 3.8 Adjusted Compensation — If the Scope of the Project or if the Consultant's services are materially changed due to no error on behalf of Consultant in the performance of services under this Agreement, the amounts of the Consultant's compensation shall be equitably adjusted as approved by City. Any additional amounts paid to the Consultant as a result of any material change to the Scope of the Project shall be authorized by written change order duly executed by both parties before the services are performed. 3.9 Project Suspension — If the Project is suspended or abandoned in whole or in part for more than three (3) months, Consultant shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of such suspension or abandonment, Consultant shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any other items prepared by Consultant in connection with this Agreement prior to Consultant receiving final payment. If the Project is resumed after being suspended for more than three (3) months, the Consultant's compensation shall be equitably adjusted as approved by the City. Any additional amounts paid to the Consultant after the Project is resumed shall be agreed upon in writing by both parties before the services are performed. ARTICLE 4 OWNERSHIP OF DOCUMENTS 4.1 Documents Property of the City — The Project is the property of the City, and Consultant may not use the documents, plans, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any materials for any other purpose not relating to the Project without City's prior written consent. City shall be furnished with such reproductions of the Project, plans, data, documents, maps, City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 8 461885.v2 11/17/2006 and any other information as defined in Exhibit "A." Upon completion of the work, or any earlier termination of this Agreement under Article 3 and/or Article 7, Consultant will revise plans, data, documents, maps, and any other information as defined in Exhibit "A" to reflect changes while working on the Project and promptly furnish the same to the City in an acceptable electronic format. All such reproductions shall be the property of the City who may use them without the Consultant's permission for any purpose relating to the Project, including, but not limited to, completion of the Project, and/or additions, alterations, modifications, and/or revisions to the Project. Notwithstanding the foregoing, should the City use the reproductions or other Consultant provided information for any purpose other than the Project the City agrees to defend, indemnify and hold harmless Consultant from any and all claims related to or resulting therefrom. 4.2 Documents Subject to Laws Regarding Public Disclosure — Consultant acknowledges that City is a governmental entity and that all documents, plans, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any items prepared or furnished by Consultant (and Consultant's professional associates and/or Sub-consultants) under this Agreement are instruments of service in respect of the Project and property of the City and upon completion of the Project shall thereafter be subject to the Texas Public Information Act (Texas Government Code, Chapter 552) and any other applicable laws requiring public disclosure of the information contained in said documents. ARTICLE 5 CONSULTANT'S INSURANCE REQUIREMENTS 5.1 Required Professional Liability Insurance — Consistent with the terms and provisions of Exhibit "F," City of Wylie Contractor Insurance Requirements, Consultant shall maintain, at no expense to City, a professional liability (errors and omissions) insurance policy with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas, in an amount not less than One Million and 00/100 Dollars ($1,000,000.00) for each claim, and Two Million and 00/100 Dollars ($2,000,000.00) in the aggregate. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. 5.2 Required Workers Compensation Insurance — Consistent with the terms and provisions of Exhibit "F," City of Wylie Contractor Insurance Requirements, Consultant shall maintain, at no expense to City, all Statutory Workers Compensation Insurance as required by the laws of the State of Texas. Such City of Wylie—Consultant Services Agreement with Halff Associates,Inc. Page 9 461885.v2 11/17/2006 insurance policy shall be with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent service(s), and authorized to transact business in the State of Texas. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non-renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. 5.3 Circumstances Requiring Umbrella Coverage or Excess Liability Coverage — If Project size and scope warrant, and if identified on the checklist located in Exhibit "F," City of Wylie Contractor Insurance Requirements, Consultant shall maintain, at no expense to the City, an umbrella coverage or excess liability coverage insurance policy with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas, in an amount of Two Million and 00/100 Dollars ($2,000,000.00). Consistent with the terms and provisions of Exhibit "F," such policy shall name the City, its officers, agents, representatives, and employees as additional insured as to all applicable coverage. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that the same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to the City at least thirty (30) days prior to cancellation, non- renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Consultant shall furnish City with certificates evidencing such coverage prior to commencing work on the Project. ARTICLE 6 CONSULTANT'S ACCOUNTING RECORDS Records of Direct Expenses and expenses pertaining to services performed in conjunction with the Project shall be kept on the basis of generally accepted accounting principles. Invoices will be sent to the City as indicated in Article 3.4. Copies of employee time sheets, receipts for direct expense items and other records of Project expenses will be included in the monthly invoices. ARTICLE 7 AUDITS AND RECORDS /VENDOR DISCLOSURE The Consultant agrees that at any time during normal business hours and as often as the City may deem necessary, Consultant shall make available to representatives of the City for examination all of its records with respect to all matters covered by this Agreement, and will permit such representatives of the City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 10 461885.v2 11/17/2006 data relating to all matters covered by this Agreement, and for a period of four (4) years from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIO, attached hereto as Exhibit "F" and incorporated herein for all purposes. ARTICLE 8 TERMINATION OF AGREEMENT / REMEDIES City may, upon thirty (30) days written notice to Consultant, terminate this Agreement, for any reason or no reason at all, before the termination date hereof, and without prejudice to any other remedy it may have. If City terminates this Agreement due to a default of and/or breach by Consultant and the expense of finishing the Project exceeds the Consultant's Fee at the time of termination, Consultant waives its right to any portion of Consultant's Fee as set forth in Article 3 herein and agrees to pay any costs over and above the fee which the City is required to pay in order to finish the Project. On any default and/or breach by Consultant, City may elect not to terminate the Agreement, and in such event it may make good the deficiency in which the default consists, and deduct the costs from the Consultant's Fee due Consultant as set forth in Article 3 herein. If City terminates this Agreement and Consultant is not in default of the Agreement, Consultant shall be entitled to compensation for any and all work completed to the satisfaction of the City in accordance with the provisions of this Agreement prior to termination. In the event of any termination, Consultant shall deliver to City all finished and/or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any items prepared by Consultant in connection with this Agreement prior to Consultant receiving final payment. The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. ARTICLE 9 DISPUTE RESOLUTION / MEDIATION In addition to all remedies at law, the parties may resolve/mediate any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. ARTICLE 10 City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 11 461885.v2 11/17/2006 INDEMNITY CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM CONSULTANT IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY CONSULTANT PURSUANT TO THIS AGREEMENT. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY CONSULTANT IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CONSULTANT'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CONSULTANT'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. CONSULTANT SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF CONSULTANT FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND CONSULTANT SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. THE RIGHTS AND OBLIGATIONS CREATED BY THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. ARTICLE 11 NOTICES Consultant agrees that all notices or communications to City permitted or required under this Agreement shall be delivered to City at the following addresses: Mindy Manson, City Manager City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 12 461885.v2 11/17/2006 City of Wylie 2000 Highway 78 North Wylie, Texas 75098 City agrees that all notices or communication to Consultant permitted or required under this Agreement shall be delivered to Consultant at the following addresses: Lenny L. Hughes, RLA Vice President Half Associates, Inc. 8616 Northwest Plaza Drive Dallas, Texas 75225 Any notice provided in writing under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. All notices or communication required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is postmarked by the sending party. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Agreement. ARTICLE 12 MISCELLANEOUS 12.1 Complete Agreement — This Agreement, including the Exhibits hereto labeled "A" through "F," all of which are incorporated herein for all purposes, constitute the entire Agreement by and between the parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral understandings. This Agreement may not be amended, supplemented, and/or modifies except by written agreement duly executed by both parties. The following exhibits are attached below and made a part of this Agreement: 12.1.1 Exhibit "A," Scope of Services. 12.1.2 Exhibit "B," Compensation Schedule / Project Billing / Project Budget. 12.1.3 Exhibit "C," City of Wylie Guidelines for Computer Aided Design and Drafting (CADD). 12.1.4 Exhibit "D," City of Wylie Guidelines for Direct Expenses; General and Administrative Markup; Travel and Subsistence Expenses. 12.1.5 Exhibit "E," City of Wylie Contractor Insurance Requirements. City of Wylie—Consultant Services Agreement with Half Associates,Inc. Page 13 461885.v2 11/17/2006 12.1.6 Exhibit "F," Conflict of Interest Questionnaire, Form CIQ. 12.1.7 Exhibit "G" City of Wylie Form: Contractor Acknowledgment of Compliance with Immigration Laws 12.2 Assignment and Subletting — The Consultant agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Consultant further agrees that the assignment or subletting or any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Consultant of its full obligations to the City as provided by this Agreement. All such approved work performed by assignment or subletting shall be billed through Consultant, and there shall be no third party billing. 12.3 Successors and Assigns — City and Consultant, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. 12.4 Severability — In the event of a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. 12.5 Venue — This entire Agreement is performable in Collin County, Texas, payments hereunder shall be rendered in Collin County, Texas and the venue for any action related directly or indirectly, to this Agreement or in any manner connected therewith shall be in Collin County, Texas, and this Agreement shall be construed under the laws of the State of Texas. 12.6 Execution / Consideration — This Agreement is executed by the parties hereto without coercion or duress for any substantial consideration, the sufficiency of which is forever confessed. 12.7 Authority- The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for an on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the other party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. City of Wylie—Consultant Services Agreement with Halff Associates,Inc. Page 14 461885.v2 11/17/2006 12.8 Waiver—Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance. 12.9 Headings — The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 12.10 Multiple Counterparts — This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 12.11 Sovereign Immunity — The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 12.12 Additional Representations — Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 12.13 Miscellaneous Drafting Provisions — This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. 12.14 No Third Party Beneficiaries -- Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 12.15 Indemnity Provision —The parties agree that the Indemnity provision set forth in Article 10 herein is conspicuous and the parties have read and understood the same. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. Effective Date: , 200_. CITY: CONSULTANT: City of Wylie, Texas Halff Associates, Inc. By: By: Mindy Manson Lenny L. Hughes, RLA City Manager Vice President City of Wylie—Consultant Services Agreement with Halff Associates,Inc. Page 15 461885.v2 11/17/2006