02-14-2012 (City Council) Agenda Packet OF lip
firra. Wylie City Council
ura4NOTICE OF MEETING
Regular Meeting Agenda
February 14, 2012 — 6:00 p.m.
Wylie Municipal Complex - Council Chambers
300 Country Club Road, Building #100
Eric Hogue Mayor
M. G. "Red" Byboth Mayor Pro Tern
David Goss Place 1
Kathy Spillyards Place 3
Bennie Jones Place 4
Rick White Place 5
Diane Culver Place 6
Mindy Manson City Manager
Richard Abernathy City Attorney
Carole Ehrlich City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie
Municipal Complex, distributed to the appropriate news media, and posted on the City website:
www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted
on the City of Wylie website: www.wylietexas.gov.
The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the
audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone
conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020.
CALL TO ORDER
Announce the presence of a Quorum.
INVOCATION & PLEDGE OF ALLEGIANCE
• By Jeff Johnson of Gateway Church
PRESENTATIONS
• Presentation of Junior Mayor for the Day. (E. Hogue, Mayor)
• Presentation of Proclamation declaring February 19-25, 2012 as Severe Weather
Awareness Week. (R. Corbin, Fire Chief)
• Presentation by the Wylie Baseball Association to the Wylie Parks Maintenance staff.
(Robert Diaz, Parks &Recreation Superintendent)
• Presentation by a member of the Collin County Master Gardener Program regarding
a proposal to begin rehabilitation of the surrounding prairies on the Municipal
Complex property. (M. Sierra, Public Services Director)
February 14,2012 Wylie City Council Regular Meeting Agenda Page 2 of 5
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of the January 24, 2012 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Resolution No. 2012-03(R) ordering a General Election to
be held on May 12, 2012 for the purpose of electing two (2) City Council members,
Places 2 and 4, to the Wylie City Council to fill expired terms and execution of the
May 12, 2012 Notice of Election. (C. Ehrlich, City Secretary)
C. Consider, and act upon, an Election Contract by and between the City of Wylie and
the Rockwall County Elections Administrator for administration of the May 12,
2012 Wylie General Election. (C. Ehrlich, City Secretary)
D. Consider, and act upon, approval of a Preliminary Plat creating 12 commercial lots
on 24.604 acres for the Woodbridge Centre Phase 1 Addition, Block B, Lots 1-12.
Subject property generally located south of F.M. 544 and west of Woodbridge
Parkway. (R. 011ie, Planning Director)
E. Consider, and act upon, approval of a Preliminary Plat for Woodbridge Centre
Phase II Addition, Block A, Lots 1 - 4, a 10.756 acre tract consisting of four lots for
commercial/retail purposes. Subject property being generally located west of
Woodbridge Parkway and Wylie High School and south of FM 544. (R. 011ie,
Planning Director)
F. Review, and place on file, the 2011 Wylie Police Department Annual Traffic Contact
Report. (J. Duscio, Chief of Police)
G. Consider, and act upon, authorizing the City Manager to enter into a lease/purchase
agreement with IBM Credit L.L.C., for the Lease/Purchase of 25 Mobile Data
Computers, and 5 year warranty, for the Police and Fire Departments, at a total
cost of$119,385. (J. Butters, Assistant City Manager)
REGULAR AGENDA
Public Hearing
1. Hold a Public Hearing and consider, and act upon, amending the zoning from
Business Government (BG) District to Commercial Corridor (CC) District on
19.100 acres, generally north of FM 544 and approximately 1,700 feet east of
Country Club Road (FM 1378). ZC 2012-02 (R. 011ie, Planning Director)
February 14,2012 Wylie City Council Regular Meeting Agenda Page 3 of 5
Executive Summary
The subject lot,located north of FM 544 and east of Country Club Road is 19.1 acres in size and is part of
the larger 260.083 acre tract platted as Wylie Civic Center Addition. Lot 1 is 19.674 acres in size and
consists of City Hall, Recreation Center and the Smith Public Library. The remaining acres are
undeveloped and are in their natural state. The entire property is heavily vegetated and bordered by a dense
tree line.
General Business
2. Consider, and act upon, approval of Ordinance 2012-06 adopting the Official
Boundary Map of the City of Wylie, Revised May 5, 2011. (R. 011ie, Planning
Director)
Executive Summary
Pursuant to Chapter 41 of the Texas Local Government Code, a municipality must adopt by Ordinance or
Resolution the Official Boundary Map of the city if its extraterritorial jurisdiction (ETJ) is expanded or
reduced.
3. Consider, and act upon, Resolution No. 2012-07(R) suspending the March 6, 2012,
effective date of Atmos Energy Corp., Mid-Tex division ("Atmos Mid-Tex")
requested rate change to permit the city time to study the request and to establish
reasonable rates; approving cooperation with Atmos Cities Steering Committee
("ACSC") and other cities in the Atmos Mid-Tex service area to hire legal and
consulting services and to negotiate with the company and direct any necessary
litigation and appeals; requiring reimbursement of cities' rate case expenses;
finding that the meeting at which this resolution is passed is open to the public as
required by law; requiring notice of this resolution to the company and ACSC's
legal counsel. (M. Manson, City Manager)
Executive Summary
The City, along with approximately 153 other cities served by Atmos Energy Corp., Mid-Tex Division
("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC" or
"Steering Committee"). On or about January 31, 2012,Atmos Mid-Tex filed with the City a Statement of
Intent to increase rates within the City.
4. Consider, an act upon, setting a date for a Special Council Meeting to conduct a
work session and take possible action regarding the review of the proposed Code of
Ethics. (M. Manson, City Manager)
Executive Summary
The Council Sub-Committee has met twice to review and discuss a proposed Code of Ethics. The Sub-
Committee has agreed to a draft document to be presented to and reviewed by the entire Council during a
future work session. After discussion during the work session, should the Council wish to move forward
with the Code of Ethics, direction can be given to staff to begin working with the City Attorney to prepare
the formal document for consideration.
READING OF ORDINANCES
February 14,2012 Wylie City Council Regular Meeting Agenda Page 4 of 5
WORK SESSION
• Discussion regarding a proposed addition to the list of Prohibited Acts in the parks.
(Robert Diaz, Parks &Recreation Superintendent)
• Discussion regarding a tree preservation Ordinance. (Robert Diaz, Parks & Recreation
Superintendent)
• Discussion of TxDOT landscape plans for State Highway 78. (M. Sierra, Public Services
Director)
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code,
to wit:
S 551.087(Economic Development); Closed Session of the Local Government Code, Vernon's
Texas Code Annotated (Open Meeting Act): consideration of issues surrounding a Performance
Agreement between the Wylie Economic Development Corporation and Project Infill.
S 551.087 (Economic Development); Closed Session of the Local Government Code,
Vernon's Texas Code Annotated (Open Meeting Act): consideration of issues surrounding a
Performance Agreement between the Wylie Economic Development Corporation and CSD
Woodbridge, LLC.
S 551.072 (Real Property); Closed Session of the Local Government Code, Vernon's Texas
Code Annotated (Open Meeting Act): consideration of issues surrounding a Purchase Agreement
between the Wylie Economic Development Corporation and Duel Products, Inc.
RECONVENE INTO REGULAR SESSION
Take any action as a result of executive session.
ADJOURNMENT
If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the
City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or
consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City
Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session
or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not
limited to,the following sanctions and purposes:
Texas Government Code Section:
§551.071—Private consultation with the attorney for the City.
§551.072—Discussing purchase,exchange,lease or value of real property.
§551.074—Discussing personnel or to hear complaints against personnel.
February 14,2012 Wylie City Council Regular Meeting Agenda Page 5 of 5
CERTIFICATION
I certify that this Notice ofMeeting was posted on this 10th day of February, 2012 at 5:00 p.m. as required by law in
accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was
contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
Wylie City Council
CITY OF WYLIE AGENDA REPORT
q
Meeting Date: February 14, 2012 Item Number: Presentation
Department: Fire (City Secretary's Use Only)
Prepared By: Randy Corbin Account Code: N/A
Date Prepared: January 20, 2012 Budgeted Amount: N/A
Exhibits: 1
Subject
Presentation of Proclamation declaring February 19-25, 2012 as Severe Weather Awareness Week in the City of
Wylie.
Recommendation
Present a Proclamation declaring February 19-25, 2012 as Severe Weather Awareness Week in the City of
Wylie.
Discussion
Wylie Fire-Rescue would like to encourage the Wylie City Council to follow the lead of the Governor's office
and declare February 19, 2012 — February 25, 2012 Severe Weather Awareness Week. In addition to
recognizing the importance of preparing for severe weather, the City of Wylie should acknowledge the teams of
volunteers working for them in emergency preparedness.
Volunteers of the City of Wylie's Community Emergency Response Team (CERT) Program educate people
about disaster preparedness for hazards that may impact their area and train them in basic disaster response
skills, such as fire safety, light search and rescue, team organization, and disaster medical operations. Using the
training learned in the classroom and during exercises, CERT members can assist others in their neighborhood
or workplace following an event when professional responders are not immediately available to help.
Volunteers of SkyWarn are part of the National Weather Service (NWS) program of trained volunteer severe
weather spotters. SkyWarn volunteers support their local community and government by providing the NWS
with timely and accurate severe weather reports. These reports, when integrated with modern NWS technology,
are used to inform communities of the proper actions to take as severe weather threatens. Currently, Wylie
SkyWarn has a communications position in our 9-1-1 center, giving direct severe weather observations to our
public safety personnel, enabling earlier warnings.
Approved By
Initial Date
Department Director RC 2-6-12
City Manager MM 2-9-12
Page 1 of 1
Severe Weather Awareness Week 2012
Severe Weather Awareness Week is being observed February 19-25,2012. It is important to
remember that when we have warmer temperatures during the winter months this can cause
the same severe weather and flooding that we see during the spring and summer. January 9th,
tornadoes touched down near Houston and Galveston and areas of Alabama were hit with
tornadoes in Janurary as well.The warmer temperatures clash with the incoming cold fronts
causing the turbulent weather. Please note that the awareness is not only for winter weather,
but all types of severe weather that can occur throughout the year. This includes thunder and
lightning, hail, high winds/tornadoes, extreme heat, wildfires, ice storms and other dangerous
weather events.
In Texas, we need to be prepared year round for any severe weather event that may occur.
The month of January was a perfect example.This is why it is so important to have your
emergency supply kit ready and know ahead of time what actions need to be taken to
protect yourself,family, pets, and property against severe weather. The supply kit should
have enough resources to last 72 hours (3 days) and contain essential items you would need
such as flashlights, cash, blankets, bottled water/food, prescriptions, and other items. You can
refer to www.ready.gov to obtain a list of items that may be put in your emergency supply
kit.
Also, in preparation for severe weather, a good resource to have for immediate weather
information is a NOAA weather radio. These radios broadcast continuous weather information
and can be programmed for your specific area and they have battery backup which is crucial
if a power outage occurs. They continually broadcast watches, warnings, and other hazardous
information to keep you aware of what dangers may be heading toward your location.
For those who spend a lot of time outdoors, outdoor warning sirens are an important resource.
They are sounded when severe weather is imminent so if you are outdoors and hear the siren
you should be aware that severe weather is in or heading to your vicinity and that you need
to find shelter immediately.
Take the time to be prepared before a severe weather event occurs. The following websites
can provide additional information on severe weather preparation:
www.fema.gov
www.txdps.st. e.tx.us/de
www.redcross.org
e• her.gov
Wylie City Council
CITY OF VVYLIE AGENDA REPORT
Meeting Date: February 14, 2012 Item Number: Presentation
Department: Parks & Recreation (City Secretary's Use Only)
Prepared By: Robert Diaz Account Code:
Date Prepared: January 11, 2012 Budgeted Amount:
Exhibits:
Subject
Presentation by Lance Wallace, President of Wylie Baseball and Softball Association, to the Wylie Parks
Division staff.
Recommendation
Discussion
Lance Wallace, President of the Wylie Baseball and Softball Association, desires to present the Wylie Parks
Division staff a plaque in appreciation of their work on the athletic fields at Community and Founders Parks.
Approved By
Initial Date
Department Director MS 1/16/2012
City Manager MM 2-9-12
Page 1 of 1
Wylie City Council
CITY OF VVYLIE AGENDA REPORT
Meeting Date: February 14, 2012 Item Number: Presentation
Department: Parks & Recreation (City Secretary's Use Only)
Prepared By: Shohn Rodgers Account Code:
Date Prepared: January 5, 2012 Budgeted Amount:
Exhibits:
Subject
Presentation by Dave Powell of the Collin County Master Gardener Program regarding a proposal to begin
rehabilitation of the surrounding prairies on the Municipal Complex property.
Recommendation
Discussion
The Blackland Prairie Chapter of the Texas Master Naturalists (BPMN) has proposed to assist the City of Wylie
in restoring the area around the Municipal Complex back to native prairie conditions. The Parks Division
contacted the BPMN after a suggestion by the Parks and Recreation Advisory Board to research methods and
best practices for restoring the native prairie. This project would be in keeping with the "low-impact" usage
proposed in the Parks, Recreation, and Open Space Master Plan of 2010.
The Texas Master Naturalist program is a partnership between the AgriLIFE Extension, the Texas Parks and
Wildlife Department, and many local volunteers. Since its establishment in 1998, Texas Master Naturalist
volunteer efforts have provided over 1,226,173 hours of service valued at more than $21 Million. This service
has resulted in enhancing 90,000 acres of wildlife and native plant habitats; reaching more than 2 million youth,
adults and private landowners.
This project would concentrate on the areas immediately north and south of the Municipal Complex. A plant
survey will identify both desirable plants to be kept, and invasive plants to be eradicated. Seeds from desirable
plants would be collected when available, and local schools would be approached to assist with re-seeding. A
moderate seed purchase by the City of Wylie may be required.
The BPMN is willing to enter a partnership with the City of Wylie to help maintain the prairie areas after they
are established. Seed collection could occur with some regularity, and the BPMN would also provide ongoing
maintenance, interpretive services, and education to citizens interested in experiencing the prairie. There is no
fee for the BPMN services as all work is performed by volunteers.
The Parks Division feels that this presents a great opportunity to restore a natural area and provide a unique
recreational and educational resource to the citizens of Wylie.
Approved By
Initial Date
Department Director MS 2/8/2012
City Manager
Page 1 of 1
Wylie City Council
CITY OF WY LIE
Minutes
Wylie City Council Meeting
Tuesday, January 24, 2012 — 6:00 p.m.
Wylie Municipal Complex — Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Ehrlich took roll call
with the following City Council members present: Mayor Pro Tem Red Byboth, Councilwoman
Diane Culver, Councilwoman Kathy Spillyards, Councilman Rick White, and Councilman David
Goss. Councilman Bennie Jones was absent. Mayor Hogue announced that Councilman
Jones' mother was ill and he was not able to attend.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police
Chief, John Duscio; Finance Director, Linda Bantz; City Engineer, Chris Hoisted; Planning
Director, Renae' 011ie; WEDC Executive Director, Sam Satterwhite; Public Information Officer,
Craig Kelly; City Secretary, Carole Ehrlich, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Troop 515 Scout Leader Jason Williams gave the invocation, and Boy Scout Troop 515 led the
Pledge of Allegiance.
PRESENTATIONS
• 3rd Six Weeks Star Students: Caring
Mayor Hogue and Mayor Pro Tem Byboth presented medallions to students demonstrating the
character trait of "Caring." Each six weeks one student from each WISD campus is chosen as
the "star student."
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
Minutes January 24, 2012
Wylie City Council
Page 1
allowed to converse, deliberate or take action on any matter presented during citizen participation.
Cristine Price, 1805 Country Walk Lane, Wylie, and member of the Wylie Parks and
Recreation Board, addressed council giving an overview of current expenditures for the
Community Park Improvements.
Jim Swartz, former mayor of Wylie, addressed Council and introduced Nathan Scott, Wylie
resident who had been appointed the Wylie Advocates for Senior Activities (WASA) treasurer.
Michael Franks, Wylie resident and Reliant Energy representative, addressed council to
introduce his services. Mayor Hogue asked Mr. Franky to contact City Manager Manson.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted
by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be
removed from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of the January 10, 2012 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure
Reports as of December 31, 2011. (L. Bantz, Finance Director)
C. Consider, and place on file, the City of Wylie Monthly Investment Report for
December 31, 2011. (L. Bantz, Finance Director)
D. Consider, and place on file, the Monthly Revenue and Expense Report for the
Wylie Economic Development Corporation as of December 31, 2011. (S.
Satterwhite, Executive Director, WEDC)
E. Consider, and act upon, Ordinance No. 2012-04, amending PD 2011-28 for proposed
Single Family Detached development to modify existing PD Conditions. The 36 acre
tract is located south of E. Brown Street and west of W.A. Allen Boulevard. ZC 2012-
01 (R. 011ie, Planning Director)
F. Consider, and act upon, Ordinance No. 2012-05 Repealing Ordinance No's. 2004-
38 and 2004-39 in their entirety; providing for repealing, savings and severability
clauses; providing for an effective date of this ordinance, and providing for the
publication of the caption hereof. (J. Butters, Assistant City Manager)
G. Consider, and act upon, approval and final acceptance of the Newport Harbor
Pump Station 2-MG Ground Storage Reservoir Project and authorize final
payment to Preload, Inc. in the amount of $93,306.10, and accept the project as
complete. (C. Holsted, City Engineer)
H. Consider, and act upon, approval and final acceptance of the Nortex Pump Station
1.5-MG Ground Storage Reservoir Project and authorize final payment to Preload,
Minutes January 24, 2012
Wylie City Council
Page 2
Inc. in the amount of $66,798.05, and accept the project as complete. (C. Holsted,
City Engineer)
Council Action
A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve
the consent agenda as presented. A vote was taken and the motion passed 6-0 with
Councilman Jones absent.
REGULAR AGENDA
General Business
Presentation of the Comprehensive Annual Financial Report for FY 2010-2011.
Finance Director Linda Bantz introduced Mr. John DeBurro, Senior Audit Manager with Weaver
L.L.P. Mr. DeBurro thanked the council for the opportunity to conduct the annual audit for the
City. DeBurro stated in summary that the generally accepted auditing standards and
qualitative aspects of accounting policies per GASB 54 were followed by the City and no
material weaknesses were identified. He noted that net assets had increased by $3.6M during
the FY 2011 year and presented total assets for each fund balance individually.
Mr. DeBurro stated that he was proud to report the Audit Opinion for FY 2010-2011 showed
unqualified (clean) results and the firm would be recommending the City once again submit the
CAFR to the Government Finance Officers' Association for their Certificate of Achievement for
Excellence in Financial Reporting. The City has received this award for the past 22
consecutive years.
1. Consider, and act upon, acceptance of the Comprehensive Annual Financial Report
(CAFR) for FY 2010-2011 after presentation by the audit firm of Weaver and
Tidwell, LLP. (L. Bantz, Finance Director)
Staff Comments
Finance Director Bantz reported the City Charter in Article VII, Municipal Finance, Section 13:
Independent Audit requires that at the end of the fiscal year an independent audit be made of all
accounts of the City by a certified public accountant. In compliance with the City Charter, our outside
auditor, Weaver, L.L.P. has performed an audit as of September 30, 2011. This is the fourth year for the
audit to be performed by Weaver L.L.P. Mr. John DeBurro, Senior Audit Manager with Weaver, has
briefly presented the CAFR including the Independent Auditors' Report. She stated she would be happy
to answer any questions that the City Council may have regarding the report.
Mayor Hogue commended the Finance Department for a job well done.
Council Action
A motion was made by Councilman White, seconded by Councilwoman Spillyards to accept
the Comprehensive Annual Financial Report (CAFR) for FY 2010-2011 as presented by the
audit firm of Weaver L.L.P. A vote was taken and the motion passed 6-0 with Councilman
Jones absent.
Minutes January 24, 2012
Wylie City Council
Page 3
Presentation of the Wylie Economic Development Corporation Annual Report.
WEDC Executive Director Sam Satterwhite addressed council stating that WEDC continues to
make financial reporting and accountability a priority. WEDC sales tax receipts were up
13.37% over 2010. Woodbridge Crossing continued to experience growth with a 55% increase
in sales tax over the previous 12-month period. In July 2011, the WEDC completed
construction of a 95,000 square foot building located on 22.44 acres for the use of Ascend
Custom Extrusion. The WEDC entered into a 15-year lease with Ascend with purchase options
in place beginning in 2014. The project value equals $17.5 million with 85 current employees
and 125 projected in 2013.
The WEDC now owns four properties on Industrial Court (1.5 acres), five properties on Cooper
Drive (2.21 acres), one property on F.M. 544 (1.44 acres) and one property on Steel Road
(0.65 acre) purchased in an effort to transition the areas from light industrial to higher valued
commercial/retail use. The WEDC continued to support the Downtown Historic District through
a matching grant for an advertising campaign.
Satterwhite noted that in 2011 construction was completed on Kohl's, PetSmart, Dollar Tree,
and lease space with AT&T and an Eyemasters as tenants. Direct Development is currently in
compliance with all terms under the Performance Agreement through September 1, 2013.
They have indicated that in 2012 Ross and Rack Room concepts will be completed.
Satterwhite reported that Savage Precision continued to meet all performance requirements
surrounding valuation and employment. Negotiations with PM Realty were finalized for a
51,000 square foot medical office building with the City of Wylie and the WEDC participating in
Performance Agreements. Also finalized were negotiations with B&B Theatre Operating
Company for a 56,000 square foot, 2,000 seat all digital theatre. The WEDC also negotiated
an agreement to fund up to $14,400 in infrastructure participation for the construction of a
4,000 square office building.
Goals for 2012 include a parking project to benefit downtown Wylie, continue with efforts to
attract more restaurants to Wylie, extend a new sewer line from a point near the northwest
corner of Westgate and F.M. 544 to Muddy Creek, pursue the completion of a master plan for
the City's 19 acre commercial site on F.M. 544, and identify additional light industrial property
for development.
2. Consider, and place on file, the Wylie Economic Development Corporation Annual
Report. (S. Satterwhite, Executive Director WEDC)
Council Action
A motion was made by Councilwoman Culver, seconded by Councilwoman Spillyards to accept
and place on file, the Wylie Economic Development Corporation Annual Report. A vote was
taken and the motion passed 6-0 with Councilman Jones absent.
3. Consider, and act upon, Resolution No. 2012-04(R) determining a public necessity
to acquire, by purchase, certain properties for the right-of-way and/or related
Minutes January 24, 2012
Wylie City Council
Page 4
easements for the construction and/or improvements to Stone Road Phase 2. (C.
Hoisted, City Engineer)
Staff Comments
City Engineer Hoisted addressed council stating that the 2005 City of Wylie Bond Program included
$10,400,000 for the design and construction of Stone Road from Ballard Avenue to County Line Road.
The 2007 Collin County Roadway Bond Program included $5,021,250 for the design and construction of
Stone Road from Akin Lane to County Line Road. The first phase of Stone Road from Ballard Ave. to
Akin Lane was completed in 2008 at a construction cost of$3,277,936.17.
The Stone Road Phase II project includes approximately 2,800 linear feet of a 4-lane paving section
from Akin Lane to W.A. Allen Blvd. and approximately 1,900 linear feet of paving of FM 544 south of
Stone Road to Collins Blvd. 1,300 linear feet of off-site drainage is also included in the project. The
construction plans are 90% complete and the projected construction cost for the project is $4.7 million.
On April 18, 2011 an agreement for acquisition service was approved with U.S. Right-of-Way. Fourteen
parcels and seven easements have been identified for acquisition. Cost for the right-of-way is projected
to be $131,000.
Council Action
A motion was made by Councilman Goss, seconded by Councilman White to adopt Resolution
No. 2012-04(R) determining a public necessity to acquire, by purchase, certain properties for
the right-of-way and/or related easements for the construction of and/or improvements to Stone
Road Phase 2. A vote was taken and the motion passed 6-0 with Councilman Jones absent.
4. Consider, an act upon, Resolution No. 2012-05(R) evidencing the support for a
proposed senior living community to be built in Wylie; authorizing Mariposa
Woodbridge L.P. to apply to the Texas Department of Housing and Community
Affairs for funding for such senior living community; and providing an effective
date. (M. Manson, City Manager)
Staff Comments
City Manager Manson addressed council stating that the proposed Senior Living Facilities would be
located south of the Target development, east of McCreary Road. She explained that the Planned
Development District zoning for this property (Ord. 2006-01) includes a retirement housing use which
specifies that the head of the household must be 55 years of age or older, and also addresses density,
setback and parking requirements. Bonner Carrington LLP is the developer of the proposed project.
They have developed five other senior communities in Texas.
Councilwoman Culver asked if the previous approval of this property was for low income housing or
senior living (age restricted) housing. City Manager Manson replied that the applications have always
been for affordable senior housing. Manson noted that this application was for 100% affordable senior
housing (ages 55 yrs. and above). Councilwoman Culver stated that she was concerned about the PD
changing the use to low income housing in the future. Manson replied that council would be the only
entity that could change that use.
Mayor Hogue asked if there were any other affordable/low income housing being planned in the area.
Manson stated that she was aware of one being considered in Sachse. Don Herzog (Herzog Properties)
addressed council and stated that there was another 10 acres under contract between the rail road
tracks and Ranch Road being considered as low income housing. This property is not age restricted.
Minutes January 24, 2012
Wylie City Council
Page 5
Mayor pro tern Byboth asked if this property was in the Wylie Independent School District. Herzog
replied that it was.
Applicant/Council Discussion
Stewart Shaw representing Mariposa Woodbridge L.P. addressed council stating that this proposal was
for "active adult" community, 55 years and older. It is a first class community in both construction and
design. He noted that the development plan was not to sell the property but keep it, long term. He
explained that in applying for Texas Department of Housing and Community Affairs funds, he was
required to sign a Land Use Restriction Agreement (LURA) which places a 55 and older age restriction
on the property through a deed restriction for the next 40 years. The property is available to low to
moderate income seniors who don't make a lot of money but need affordable living. These units will
target medium income seniors. The residents will be people that live in this community or move from
another state to be close to family members living in Wylie.
Mayor Hogue asked if the units would be 100% restricted. Shaw explained this was virtually 100%
restricted with the exclusion of 4 units which will be rented to employees working for Mariposa, providing
senior events for those living in the community. Shaw explained that this property will bring an asset to
the community and fill a need within the community.
Mayor Hogue noted his dissatisfaction with being unaware of the application for another property in the
area under application with the state. Hogue noted that he knew these were two separate developers
but felt council should have known of this information. Mr. Shaw replied that many applications are
submitted for both low income housing and affordable senior housing with just a few receiving funding.
Councilwoman Spillyards commented that she too had concerns about both properties receiving funding
and being so logistically close.
Mayor pro tern Byboth asked if the property would be tax exempt. Shaw replied that it would be taxable
and the property owner would pay property taxes. Mayor pro tern Byboth replied that was a plus
bringing additional taxes to the City.
Lois Swartz and Ann Martin both spouses of former mayors spoke in favor of the affordable senior living
as it would benefit seniors and not burden the school district with additional students. Mayor pro tern
Byboth stated that he was in favor of this development and felt it would be a great benefit to the
community. Councilwoman Culver and Councilman Goss had concerns that the property at some point
could become low income housing.
Council Action
A motion was made by Mayor pro tern Byboth, seconded by Councilman White to adopt Resolution No.
2012-05(R) evidencing the support for a proposed senior living community to be built in Wylie;
authorizing Mariposa Woodbridge L.P. to apply to the Texas Department of Housing and Community
Affairs for funding for such senior living community; and providing an effective date. A vote was taken
and the motion passed 4-2 with Mayor Hogue, Mayor pro tern Byboth, Councilwoman Spillyards and
Councilman White voting for, and Councilwoman Culver and Councilman Goss voting against with
Councilman Jones absent.
5. Consider, and act upon, Resolution No. 2012-06(R) requesting discretionary funds
from Collin County for the design and construction of Woodbridge Parkway from
Hensley Lane to State Highway 78. (C. Hoisted, City Engineer)
Staff Comments
Minutes January 24, 2012
Wylie City Council
Page 6
City Engineer Hoisted addressed council stating that the 2003 Collin County Bond Program included
$1,138,500 for the construction of the Hooper Road Bridge over Maxwell Creek which will provide
another north/south connection between FM 544 and SH 78. Collin County has released engineering
funds for the bridge and the preparation of the construction plans is almost complete. The portion of
Woodbridge Parkway from Hensley Lane to the new bridge has not been designed and is not currently
funded.
The total project cost for the roadway from Hensley Lane to SH 78 in Sachse is approximately $8.5
million. Sachse has secured approximately $1.874 million for the project through a development
agreement and the Wylie EDC has agreed to fund up to $2 million for the Wylie portion of the roadway.
Additional funding of $4.26 million is needed to complete the project. Approval of the Resolution
formalizes the request to Collin County for discretionary funds. He noted that with the $2 million
contribution by the WEDC, and contributions from the City of Wylie and the City of Sachse, the 50%
funding of the project has been satisfied.
Council Action
A motion was made by Councilman Goss, seconded by Councilwoman Culver to adopt
Resolution 2012-06(R) requesting discretionary funds from Collin County for the design and
construction of Woodbridge Parkway from Hensley Lane to State Highway 78. A vote was
taken and the motion passed 6-0 with Councilman Jones absent.
Mayor Hogue convened into work session at 7:55 p.m.
WORK SESSION
• Discussion regarding the construction of an 18,822 s.f. service center including
but not limited to a 3,600 s.f. garage and workshop facility to accommodate
Public Services and Parks. (R. 011ie, Planning Director)
Tommy Pulliam representing Pulliam Construction presented the layout for the new 18,822
square foot Service Center including the garage and workshop facilities. He displayed
drawings of the design for the building as well as the parking areas and burms that would face
the back of Founder's Park.
Mr. Pulliam answered questions by the council.
Mayor Hogue reconvened into Regular Session at 8:15 p.m.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Executive Session
General Business
6. Consider, and act upon, approval of a Site Plan for Wylie High School Addition,
Block A, Lot 2 (City of Wylie-Service Center). Subject property being generally
located north of Hensley Lane at the southwest quadrant abutting Founders Park;
specifically 949 Hensley Lane. (R. 011ie, Planning Director)
Minutes January 24, 2012
Wylie City Council
Page 7
Staff Comments
Planning Director 011ie addressed council stating that the Service Center is generally located on
approximately 15 acres south of Founder's Park, the existing Public Works Service Facility was platted
in early 2005 in conjunction with Founder's Park and Wylie High School. The existing site consists of
three 1-story buildings accommodating the Animal Shelter, Public Works Service Center, and various
storage & maintenance facilities.
011ie explained that during the past decade, the Wylie community experienced tremendous growth. The
Parks and Public Services Departments, Staff, and equipment are currently housed in multiple sites
throughout the City.
The new facility will include the addition of:
•An 18,822 square foot service center building, 3,600 square foot garage and workshop along
with adjacent parking and multiple storage units.
• The current Animal Shelter buildings will remain as is and continue to be used for animal
service purposes.
• The current Public Works building will eventually be remodeled and designated for Parks and
Recreation Department's staff, equipment and resources. Park's maintenance facility is currently
housed at 2806 F.M. 544.
011ie explained that normally Site Plans receive final approval by the Planning and Zoning Commission.
However, because this is in conjunction with a Design-Build Contract, the Site Plan and Elevations are
referred to Council with a recommendation of approval by P&Z Commission 7-0.
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman Goss to approve a
Site Plan for Wylie High School Addition, Block A, Lot 2 (City of Wylie-Service Center). The
subject property being generally located north of Hensley Lane at the southwest quadrant
abutting Founders Park; specifically 949 Hensley Lane. A vote was taken and the motion
passed 6-0 with Councilman Jones absent.
READING OF ORDINANCES
City Secretary Ehrlich read the captions to Ordinances 2012-04 and 2012-05 into the official
record.
Mayor Hogue convened into Work Session at 8:40 p.m.
WORK SESSION
• Discussion regarding Solid Waste request for rate adjustment.
(J. Butters, Assistant City Manager)
Assistant City Manager Butters addressed council stating that this past summer CWD offered
the City of Wylie a service which would create two events per year where citizens could drop
off household hazardous waste, electronics, tires, batteries, appliances, and paper shredding.
He explained that the cost of the HHW service was 15 cents per month, to each residential
customer, for year one, and increasing to 30 cents year 2, and 40 cents year 3. The Wylie City
Council made the decision to go forward with this service.
Minutes January 24, 2012
Wylie City Council
Page 8
Butters explained that shortly after making the decision to add the HHW service CWD made a
request for a rate adjustment in accordance with the solid waste contract. Due to the dual
issues the item was tabled by council at the August 9, 2011 meeting. CWD then withdrew the
request and agreed to amend the contract to move the date of rate increase requests to March
so that it would work better with the City's budget cycle. At the August 23rd council meeting, the
City Council amended the solid waste contract to include 15 cents for the HHW service and to
amend the contract and move the annual rate increase request from September to March.
ACM Butters explained that the 15 cents for the HHW service was not added to the fee
ordinance (thus it was not passed onto citizens) as staff knew that CWD would most likely
come back with a rate increase request in March of 2012 and everything could be decided at
that time.
Butters reported that CWD is requesting a residential rate increase for March of 2012 from
$7.94 per month to $8.38 per month with additional carts going from $3.45 per month to $3.62.
CWD is also requesting a commercial increase of approximately 5%. The basis for CWD's
request is the CPI, fuel costs, and disposal cost. Butters noted that the rate increase
calculation by CWD were included in the packet.
Butters asked for the following direction from council:
1. Whether or not to grant CWD request for a rate adjustment.
2. Whether or not to pass any rate increase onto residential customers.
3. Whether or not to pass on the increase cost of adding the HHW service to residential
customers.
Direction from council was for staff to bring back an amended contract at a future council
meeting for further discussion and consideration.
• 2011 Wylie Arts Festival Overview. (C. Ehrlich, City Secretary& C. Kelly, PIO)
City Secretary and Public Art Liaison Ehrlich and Public Information Officer Kelly gave a short
overview of the 2011 Wylie Arts Festival. The presentation highlighted sponsors and included
the profit made from the event.
Mr. Kelly reported $14,615 in revenues which would be appropriated to the public arts fund.
Ehrlich explained the board had indicated the new funding would be used to increase the
budget for the Community Park CIP project. Ehrlich thanked the council for their approval of
Occupancy funds to fund the event.
Ehrlich presented recommendations from the Public Arts Advisory Board regarding the
December 2012 event stating that the board heard from over 25% of the participating vendors
with most wishing to leave the event in the First Baptist Church Events Center due to the
possibility of inclement weather in December. The board also suggested researching the
option of having the parade and tree lighting the Friday evening before the event. The board
also suggested holding a second event in the spring of 2013.
Councilwoman Culver stated she was not in favor of the two day December event but was in
favor of the second event and thought the new Municipal Complex would be a great venue for
the spring event. Councilwoman Spillyards concurred. Staff and the board will further research
the options and bring back to council at a later date.
Minutes January 24, 2012
Wylie City Council
Page 9
• Consideration and discussion on possible future adoption of a Code of Ethics.
(M. Manson, City Manager)
Councilwoman Culver stated that she had asked for the code of ethics to be placed on the
agenda for further discussion since no formal action has ever been taken. She explained that
council had discussed issues that did not work but never discussed a code of ethics that would
work. She stated that she had asked that the Sugarland Code of Ethics and accompanying
policies be added to this work session so council could see an award winning code that worked
well for the City of Sugarland.
Councilwoman Culver noted that she had spoken to council members from Sugarland who
stated they had not had any problems with their code since its inception. She asked that
council review this policy and possibly more policies to create a code of ethics that works for
the City of Wylie. She suggested a work session to discuss and research areas of the code
that would work for Wylie. She noted that she was open to further discussion and felt a code of
ethics needed to be formally presented to the Wylie City Council.
Mayor Hogue stated that he had read through the policies and found some of them to be good.
Mayor pro tem Byboth suggested a sub-committee be appointed to narrow the scope to bring
back a draft to the full council. Councilman Goss stated that he felt a code of ethics should be
created that could be brought before council for a yes or no vote.
Mayor Hogue asked for volunteers from the council willing to serve on the sub-committee.
Council members volunteering to serve on the sub-committee were: Mayor Hogue,
Councilwoman Culver, and Councilman Jones. Councilman Goss volunteered to be an
alternate if one of the council members is unable to serve. The work session for the sub-
committee was set for January 30, 2012 at 5:30 p.m. in the Council Conference Room by the
committee members. Notice will be posted.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman
White, seconded by Councilman Goss to adjourn the meeting at 9:30 p.m. A vote was taken
and the motion passed 6-0 with Councilman Jones absent.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes January 24, 2012
Wylie City Council
Page 10
Wylie City Council
CITY OF VVYLIE AGENDA REPORT
Meeting Date: February 14, 2012 Item Number: B.
Department: City Secretary (City Secretary's Use Only)
Prepared By: Account Code:
Date Prepared: January 16, 2012 Budgeted Amount:
Exhibits: Resolution, Notice & Calendar
Subject
Consider, and act upon, Resolution No. 2012-03(R) ordering a General Election to be held on May 12, 2012 for
the purpose of electing two (2) City Council members, Places 2 and 4, to the Wylie City Council to hold office
for a period of three years; Designating Locations of Polling Places; Designating Filing Deadlines, Ordering
Notices of Election to be given as prescribed by law in connection with such election; and appointing Election
Jud:es.
Recommendation
A motion to approve Resolution No. 2012-03(R) ordering a General Election to be held on May 12, 2012 for the
purpose of electing two (2) City Council members, Places 2 and 4, to the Wylie City Council to fill expired
terms; appointing judges; designating filing deadlines; designating polling places and ordering the Notice of
Election.
Discussion
The offices of City Council Places 2 and 4 will expire in May of 2012. By the proposed Resolution, the City
Council will order a General Election to be held on May 12, 2012. There will be one election for two council
seats, Place 2 and Place 4, for the Wylie City Council positions appearing on one ballot.
This resolution stipulates the polling places where qualified voters can cast ballots for the election. It also
outlines the early voting by personal appearance locations, deadlines for filing and appoints judges for the
election. Early voting by personal appearance shall be available at the Rockwall County Elections Office, 107 E.
Kaufman, Rockwall, Texas, and the new Wylie Municipal Complex (Library), 300 Country Club Road, Building
300, Wylie, Texas beginning on Monday, April 30, 2012 through Tuesday, May 8, 2012. Extended hours are
stipulated in the resolution and notice.
Applications for a ballot by mail shall be requested from and mailed to Rockwall County Elections
Administration Office, Attn: Elections Administrator, 107 E. Kaufman, Rockwall, Texas 75087. Applications
for ballots by mail must be received no later than the close of business on May 4, 2012.
This resolution and notice of election will be posted and published in accordance with the Texas Election Code.
Voters may vote at any Rockwall County location during early voting and will be accommodated when possible
on election day should they arrive at the incorrect polling place. Both the Wylie Bible Church and Southfork
Mobile Home Park will remain the election day polling places.
Approved By
Initial Date
Department Director CE 1/24/2012
City Manager MM 2-9-12
Page 1 of 1
RESOLUTION NO. 2012-03(R)
RESOLUCION NO. 2012-03 (R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN, DALLAS AND ROCKWALL COUNTIES, TEXAS, ORDERING
THE GENERAL ELECTION TO BE ADMINISTERED BY THE
ROCKWALL COUNTY ELECTIONS ADMINISTRATOR ON MAY 12,
2012,FOR THE PURPOSE OF ELECTING THE POSITIONS OF TWO (2)
MEMBERS,(PLACE 2 AND PLACE 4),TO THE WYLIE CITY COUNCIL,
TO HOLD OFFICE FORA PERIOD OF THREE(3)YEARS;DESIGNATING
LOCATIONS OF POLLING PLACES; DESIGNATING FILING
DEADLINES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS
PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION;AND
APPOINTING ELECTION JUDGES.
UNA RESOLUCION DEL CONCILIO DE LA CIUDAD DE WYLIE,
CONDADOS DE DALLAS Y ROCKWALL, TEXAS, ORDENANDO LA
ELECCION GENERAL QUE SE LLEVARA ACABO COLECTIVAMENTE CON
EL DISTRITO ESCOLAR INDEPENDIENTE DE WYLIE YADMINISTRADA
POR EL ADMINISTRADOR DE ELECCIONES DEL CONDADO DE
ROCKWALL EL DIA 12 DE MAYO, 2012, CON EL PROPOSITO DE ELEJIR
LA POSICION DE DOS (2) MIEMBROS, (L UGAR 2 Y L UGAR 4), PARA EL
CONCILIO DE LA CIUDAD DE WYLIE PARA MANTENER EL PUESTO POR
UNPERIODO DE TRESANOS;DESIGNAR LOCALES PARA LOS CENTROS
ELECTORALES; DESIGNAR FECHA DE TERMINACION PARA
REGISTRACION; ORDENAR QUE SE DEN NOTIFICACIONES DE
ELECCION COMO PRESCRITO POR LA LEY EN CONEXION CON TAL
ELECCION.Y DESIGNANDO JUECES DE ELECCION.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, THAT:
AHORA, POR LO TANTO, SEA RESUELTO POR EL CONCILIO DE LA CIUDAD DE
WYLIE, TEXAS, QUE:
SECTION 1: An election is hereby ordered to be held on Saturday, May 12, 2012, for the
purpose of electing two(2)City Council members to fill the following expiring terms on the Wylie City
Council; Place 2 and Place 4.
SECCION 1: Una eleccion es por el presente ordenada que se llevara acabo colectivamente
con el Distrito Escolar Independiente de Wylie el sabado, 12 de Mayo, 2012, con el proposito de elejir
a dos(2)miembros del Concilio para el Lugar 2 y el Lugar 4 del Concilio de la Ciudad de Wylie;cual
su termino ha expirado.
SECTION 2: The Election Day polling places where qualified voters shall cast ballots at such
locations in the City of Wylie, 2012 General Municipal Election are as follows:
SECCION 2: Los locales de los centros electorates donde los votantes calificados votaran el
Resolution No. 2012-03(R)
Order of May 12,2012 General Election Page 1
dia de la eleccion de la Eleccion Municipal General del 2011 de la Ciudad de Wylie, son los
siguientes:
Polling Places
Southfork Mobile Home Park Wylie Bible Church
Community Clubhouse Family Center
216 Southfork Blvd. 206 N. Jackson
Wylie, Texas 75098 Wylie, Texas 75098
Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election.
Los Centros electorates estaran abiertos de las 7:00 a.m. alas 7:00 p.m. el dia de la eleccion.
SECTION 3: Early voting by personal appearance shall be available at the Rockwall County
Elections Office, 107 E. Kaufman, Rockwall, Texas, and Wylie Municipal Complex (Library), 300
Country Club Road, Building 300 , Wylie, Texas, City voters may vote at any of the additional
Early voting locations open under full contract services with the Rockwall County Elections
Administration.
Early voting will begin on Monday, April 30, 2012 through Tuesday, May 8, 2012 during the normal
working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Saturday, May 5, 2012 from
8:00 a.m. to 5:00 p.m. and Monday, May 7, 2012 and Tuesday, May 8, 2012 from 7:00 a.m. to 7:00
p.m. Applications for ballot by mail shall be requested from and mailed to the Rockwall County
Elections Administration Office, Attn: Elections Administrator, 107 E. Kaufman, Rockwall, Texas
75087. Applications for ballots by mail must be received no later than the close of business on May 4,
2012.
SECCION 3: Votacion temprana por apariencia personal sera disponible en la Oficina de
Elecciones del Condado de Rockwall, 107 E. Kaufman,Rockwall, Texay en el Centro Municipal de la
Ciudad de Wylie (Biblioteca), 300 Country Club Road, Edificio 300, Wylie, Texas. Votantes de Wylie
pueden votar en cualquiera de los locales adicionales de Votacion Temprana que estan abiertos bajo
servicios de contrato completo con la Administracion de Elecciones del Condado de Rockwall.
Votacion temprana empieza el Tunes, 30 de april, 2012 hasta el martes, 8 de mayo, 2012, durante las
horas de trabajo normales de 8:00 a.m. a 5:00 p.m. con horas prolongadas el Sabado, 5 de mayo,
2012, de 8:00 a.m. a 5:00 p.m.,y el lunes,7 de mayo, 2012 y martes, 8 de mayo, 2012 de 7:00 a.m. a
7:00 p.m.Las solicitudes para boletos de votacionpor correo deben ser pedidas y enviadas por correo
a Rockwall County Elections Administration Office, Attn: Elections Administrator, 107 E. Kaufman,
Rockwall, Texas 75069. Solicitudes para boletos de votacion por correo deben ser recibidas a no mas
tardar para el cierre del dia de negocio el 4 de mayo, 2012.
SECTION 4: Candidates must file for a specific place and adhere to the filing deadlines
accordingly. Candidate Packets are available in the City Secretary's Office. The candidate filing periods
for the General Election for Council Seats, Place 2 and Place 4 are as follows:
SECCION 4: Candidatos deben registrarse para un lugar especifico y adherir
consiguientemente a la fecha final de registracion. Paquetes para candidato estan disponibles en la
Oficina de la Secretaria de la Ciudad. Los periodos para registracion del candidato para la Eleccion
Resolution No. 2012-03(R)
Order of May 12,2012 General Election Page 2
General para los Lugares del Concilio 2 y 4 son los siguientes:
General Election Filing Council Seats Places 2 and 4
Registracion para la Eleccion General de los Lugares de Concilios 2 y 4
Beginning: February 4, 2012 at 8:00 a.m.
Ending: March 5, 2012 at 5:00 p.m.
Empezando: 4 de febrero, 2012 at las 8:00 a.m.
Terminando:5 de marzo, 2012 a las 5:00 p.m.
Candidates must file in the City Secretary's Office located at 300 Country Club
Road, Building 100, Wylie Texas 75098.
Candidatos deben archivar sus paquetes en la Oficina de la Secretaria de la Ciudad
localizada en 300 Country Club Road, Edificio 100, Wylie, Texas 75098.
SECTION 5: Direct Record Electronic (DRE)voting machines shall be used in this election
for early voting by personal appearance and Election Day voting. Paper ballots shall be used for early
voting by mail.
SECCION 5:Maquinas electronicas de registracion directa para votacion seran utilizadas en
esta eleccion para votacion temprana en persona y para votacion el dia de la eleccion. Boletos de
papel seran utilizados para votacion temprana por correo.
SECTION 6: The City Secretary is hereby authorized and directed to publish and/or post, in
the time and manner prescribed by law, all notices required to be so published and/or posted in
connection with the conduct of this election. The election,including providing notice of the election,
shall be conducted in accordance with the Texas Election Code and other applicable law, and all
resident qualified and registered voters of the City shall be eligible to vote at the election.
SECCIONN 6: La Secretaria de la Ciudad esta por el presente autorizada y dirigida a
publicar y/o anunciar la hora y manera como prescrito por la ley, todas las notificaciones requeridas
que sean publicadas y/o anunciadas en conexion con la conducta de esta eleccion. La eleccion,
incluyendo dar aviso de la eleccion, deben ser conducidas de acuerdo con el Codigo de Eleccion de
Texas y otras leyes aplicables,y todo residente calificado y registeado votante de la Ciudad debe ser
elegible para votar en la eleccion.
SECTION 7: The following election judges are hereby appointed:
SECCION 7: Los siguientes jueces de la eleccion por la presente son designados:
Early Voting: Rockwall Election Administration
Votacion Temprana: Glenda Denton Early Voting Clerk, 107 E. Kaufman, Rockwall TX
Smith Public Library
Ruthie Wright Judge, 113 N. Winding Oaks, Wylie TX
Mike Phelps Alternate, 1001 S. Hwy. 78 #92, Wylie TX
Election Day: Wylie Bible Church
Resolution No. 2012-03(R)
Order of May 12,2012 General Election Page 3
Dia de la Eleccion: Ruthie Wright, Judge, 113 N. Winding Oaks, Wylie TX
April Wright,Alternate Judge, 113 N. Winding Oaks, Wylie TX
Southfork Mobile Home Park
Pauline Pittman, Judge, 109 N. Carriage House Way, Wylie TX
Betty Kappelman,Alternate Judge, 1610 Boxwood Lane, Wylie TX
In the event the appointed judges/alternates are unable to execute or complete their duties for
any reason,the Rockwall County Elections Administrator may identify additional alternate judges that
the City Council shall appoint as soon as possible.
En el evento que los jueces designados no puedan ejecutar o completer sus deberes por
cualquier razon, el Administrador de Elecciones del Condado de Rockwall puede identificar jueces
alternos adicionales los cuales el Concilio de la Ciudad designara tan pronto como es possible.
The Mayor and the City Secretary of the City,in consultation with the City Attorney, are hereby
authorized and directed to take any and all actions necessary to comply with the provisions of the Texas
Election Code and any other state or federal law in carrying out and conducting the election,whether or
not expressly authorized herein.
El Alcalde y la Secretaria de la Ciudad, en consulta con el abogado de la Ciudad, por el
presente estan autorizados y dirigidos de tomar cualquier y toda accion necesaria para estar en
conformidad con las provisiones del Codigo de Eleccion de Texas y cualquier otra ley del estado o
federal para llevar acabo y conducir la eleccion, aunque sea o no sea expresamente autorizado en esto.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin,Dallas
and Rockwall Counties, Texas, on this the 14th day of February, 2012.
DEBIDAMENTE PASADO YAPROBADO por el Concilio de la Ciudad de Wylie, Condados
de Collin, Dallas y Rockwall, Texas, este dia 14 de febrero, 2012.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Resolution No. 2012-03(R)
Order of May 12,2012 General Election Page 4
NOTICE OF GENERAL ELECTION
AVISO DE ELECCION GENERAL
To the registered voters of the City of Wylie,Texas:(A los votantes registrados de la Ciudad de Wylie,Texas)
Notice is hereby given that the City of Wylie,Collin,Rockwall and Dallas Counties,Texas,has ordered a General Election to be held on May 12,2012
for the purpose of electing two(2)Council members for Places 2 and 4.The polling places listed below will be open from 7:00 a.m.to 7:00 p.m.on May
12,2012.
Se da aviso por la presente que la Ciudad de Wylie,Condados de Collin,Rockwall y Dallas,Estado de Texas,ha ordenado una Eleccion General que se
llevara acabo el 12 de mayo, 2012 con el proposito de elejir dos(2)miembros del Concilio para el Lugar 2 y el Lugar.. Los centros electorales
apuntados abajo estarthn abiertos de 7:00 am.-7:00 p.m.el 12 de mayo,2012.
CANDIDATE FILING SCHEDULE
HORARIO PARA LA CLASIFICACION DEL CANDIDATO
General Election Filing for the two(2)Council members for Place 2 and 4
Expediente de la eleccion general dos(2)miembros del concilio del Puesto 2 y 4
February 4,2012 at 8:00 a.m.—March 5,2012 at 5:00 p.m.
Empezando el 4 de Febrero,2012 a las 8:00a.m.hasta las 5:00p.m.el 5 de Marzo,2012
LOCATIONS OF POLLING PLACES(LOCALES DE LOS CENTROS ELECTORALES)
Polling Places
Southfork Mobile Home Park Wylie Bible Church
Community Clubhouse Family Center
216 Southfork Blvd. 206 N.Jackson
Wylie,Texas 75098 Wylie,Texas 75098
EARLY VOTING BY PERSONAL APPEARANCE WILL BE CONDUCTED EACH WEEKDAY
(VOTACION TEMPRANA POR APARIENCIA PERSONAL SE CONDUCIRA CADA DIA LABORAL)
AT THE FOLLOWING LOCATIONS:
EN LOS PROXIMOS LOCALES:
Main Early Voting location: Branch Early Voting location:
Rockwall County Elections Administration Office Wylie Municipal Complex(Library)
107 E.Kaufman 300 Country Club Drive,Building 300
Rockwall,Texas 75087 Wylie,Texas 75098
Local principal de votacion temprana: Local para votacion temprana:
Condado de Rockwall Wylie Municipal Complex(Library)
Administracion de elecciones del Condado de Rockwall 300 Country Club Drive,Edificio 300
107 E.Kaufman Wylie,Texas 75098
Rockwall,Texas 75087
City voters may vote at any of the additional early voting locations open under full contract services with the Rockwall County Elections
Administration.
(Votantes de la Ciudad pueden votar en cualquiera de los locales adicionales para votacion temprana que estan abiertos bajo servicios de contrato
completo con la Administracion de Elecciones del Condado de Rockwall.
You may vote between the hours of 8:00 a.m. and 5:00 p.m.beginning on Monday,April 30,2012 through Tuesday,May 8,2012 during the normal
working hours of 8:00 a.m.to 5:00 p.m.with extended voting hours on Saturday,May 5,2012 from 8:00 a.m.to 5:00 p.m.and Monday,May 7,2012
and Tuesday,May 8,2012 from 7:00 a.m.to 7:00 p.m.
(Usted puede votar entre las horas de trabajo de 8:00 a.m.-5:00 p.m.,empezando el lunes,30 de april,2012 hasta el martes,8 de mayo,2012,durante
las horas de trabajo normales de 8:00 am. a 5:00 p.m. con horas prolongadas el sabadp, 5 de mayo,2012, de 8:00 am. a 5:00 p.m.,y el lunes 7 de
mayo,2012 y martes,8 de mayo,2012 de 7:00 a.m.a 7:00 p.m.)
Applications for ballot by mail shall be mailed to:
(Solicitudes para boletos de votacion por correo deben ser enviadas a)
Rockwall County Elections Administration Office
Attention:Elections Administrator
107 E.Kaufman,Rockwall,Texas 75087
Applications for ballots by mail must be received no later than the close of business on May 4,2012.
(Las solicitudes para boletos de votacion por correo deben ser recibidas a no mas tardar para el cierre del dia de negocio el 4 de mayo,2012.)
Issued this the 14 day of February,2012 by the Wylie City Council.
(Publicado este 14 de febrero,2012 por el concilio de la Ciudad de Wylie)
Signature of Presiding Officer(Oficial que Preside)
Election Calendar
For a City's General Election on
May 12, 2012
This calendar indicates the dates for actions necessary in a general election of city officers to be held on May
12, 2012. It includes all major actions for which the Election Code prescribes a specific date or deadline for
performance, but it does not include all actions (e.g., preparation of ballot boxes and other election equipment
and of sets of precinct election forms) for which the beginning date for performance can vary from one city to
another depending on local factors. Each city secretary should use the chart in M §9.02 of the Texas Municipal
Election Law Manual in conjunction with this calendar to fill in those dates on the city secretary's personal
election calendar created in accordance with local conditions [see M §9.031. The city secretary's personal
calendar should also reflect dates that the city secretary prefers in place of the discretionary dates recommended
in this calendar.
Column 5 indicates the time interval between the date of the action and election day. For example, the
notation 50th in the entry for March 23 means that the day for beginning mandatory office hours is the 50th day
before election day;the notation"+5" in the entry for May 17 means that the last day for receiving a ballot from
outside the United States is the 5th day after election day.
When there is a statutory provision prescribing the last day for the performance of an act, the number in
Column 5 reflects that day. Ifthe statutory day must be moved because of a Saturday,Sunday,or state or national
holiday,the resulting date is designated in Columns 1 and 2 and Column 5 indicates,in parentheses and italics,
the actual number of days measured from election day.
In preparing a personal calendar,the city secretary should remember the rule in EC§1.006 that if the last day
for performance of an action falls on a Saturday, Sunday, or a state or national holiday, the deadline date is
usually extended to the next regular business day whether the day is a city holiday or not[see M§2.16(a)]. When
a deadline is extended for this reason,the extended date is used for determining other dates that are calculated
in relation to the event of the extended date. Exceptions are noted in this calendar.
Major steps are in ALL CAPS. Steps for early voting are in ITALICS.
By or With Manual
Date Action Whom Taken Ref. § Column 5
Jan 5 LAST DAY to begin posting on bulletin board the City Secretary 11.05(f) 128'
notice of the dates of the filing period for the general
election(30 days before first day to file application for
a place on the ballot).SOS has ruled that notice must
contain location where applications will be received.
Jan 9 Obtain a supply of the following forms:candidate's City Secretary 7.1 1 *124th
application for place on ballot; appointment of et seq.
campaign treasurer(candidate and specific-purpose 1 8.10
committee); report of contributions and
expenditures (candidate-officeholder and specific-
purpose committee);application for mail ballot,and
a set of administrative forms if ordered from a
supply house. (Set up schedule for ordering
precinct sets and other forms if they are to be
ordered later.)
Jan 9-Feb Review recommendation for following steps listed in City Secretary and 9.02 "124`h
3 M §9.02 for possible needed or desired action and City Council 20.06 thru
submis-sion for preclearance under federal Voting 14.03 *99th
Rights Act: Steps 1 through 5 (revising election
precincts; designating polling places; changing
method of voting if equipment is available but not
adopted for use or if acquisition of equipment by city
is desired);Step 12(establishing or changing terms of
election judges); also, any other action already taken
by council for which preclearance is required but not
yet submitted, including new single-member districts.
*An asterisk in Column 5 indicates the time stated is not required by statute.
vii
ELECTION LAW MANUAL 2011
By or With Manual
Date Action Whom Taken Ref. § Column 5
Jan 17 Last day for timely filing of semi-annual report of City 18.05 Jan 15
contributions and expenditures. Jan 15 occurs on a Secretary (Jan 17)
Sun and Mon is Martin Luther King Day. The deadline
is extended to Tue, Jan 17.
Jan 30- Recommended period for CALLING ELECTION AND Mayor[1] 10.03 "103rd
Feb 14 POSTING NOTICE OF ELECTION on bulletin board. 10.12 to
"88m
Recommended period to submit requests for
Jan 30- PRECLEARANCE for any required matters. City 20.06 "103rd
Feb 17 Secretary to
"85m
Feb 4 FIRST DAY FOR FILING APPLICATION for place on City 11.05 1015`
ballot. 30`h day before filing deadline is Sat, Feb 4. Secretary (98th)
(See Notes below.)
Feb 4 FIRST DAY FOR FILING DECLARATION OF WRITE- City 11.10 1015"
IN CANDIDACY. Secretary (98th)
NOTES:
(1) Since a person may not file earlier than the 30`h
day before the deadline,and the deadline is extended
to the 68`h day,the 98`h day rather than the 101 s`day
becomes the first day for both of these actions.
(2) The city secretary's office is not required to be
open on Sat or Sun for either of these activities.
Feb 13 LAST DAY for small city in small county to provide City 7.07(d),(e), (f) 90`h
secretary of state notice of intent to use exception to Secretary (89th)
accessibility requirements or show undue burden, if
required. 90`h day is on Sun. This action is extended
to Mon, Feb 13 (89`h day).
Feb 14 Recommended LAST DAY FOR ORDER DESIGNAT- City Council 3.07 "88`h
ING ELECTION PRECINCTS AND POLLING
PLACES. (Preclearance may be needed.)
Feb27 Recommended beginning date for preliminary work on City 4.08 *75th
appointment of election judges. Secretary
Mar2 Remove candidate's name from ballot if the candidate City 11.25 74`h
dies on or before Mar 2(day before the 2°d day before Secretary (71s`)
filing deadline). This date occurs on the 71st day
rather than the 74`h day because the deadline for filing
is extended to the 68`h day. Even though Mar 2 is a
holiday, this date is not extended.
Mar 3 LAST DAY to order a SPECIAL ELECTION to fill a City Council 13.06 70`h
vacancy so that the filing deadline will be the 62°d day City
before election day. This date remains on Sat Secretary
because it is not the last day to order a special
election.
Mar 5 STATUTORY LAST DAY FOR ORDERING Mayorml 10.03 71s`
ELECTION.[2 71St day is a holiday, Fri, Mar 2. This (68th)
action is extended to Mon, Mar 5 (68`h day).
Mar 5 LAST DAY FOR FILING APPLICATION FOR PLACE City 11.05 71s`
ON BALLOT (must be received by 5 p.m.). City Secretary 11.06 (68th)
Secretary's office should stay open until 5 p.m. 71st
day is a holiday, Fri, Mar 2. This action is extended to
Mar 5(68`h day). [In a city office having a 4-year term,
if no candidate files,this deadline is extended to 5:00
p.m., Mar 16(57h day).]
*An asterisk in Column 5 indicates the time stated is not required by statute.
VIII
2012 MAY 2012 ELECTION CALENDAR
By or With Manual
Date Action Whom Taken Ref. § Column 5
Mar 5 LAST DAY FOR AWRITE-IN CANDIDATE to declare City 11.10 715`
candidacy in the GENERAL and SPECIAL election. Secretary (68th)
715` day is a holiday, Fri, Mar 2. This action is
extended to Mon, Mar 5(68`h day).
Mar 6 LAST DAY for a write-in candidate to withdraw in City 11.22 67'
general election and have name removed from write- Secretary
in list. The statute does not state a time, so the
deadline is midnight.
Mar 8 LAST DAY for candidate in general election to City 8.05 68`h
withdraw(withdrawal request must be received by 5 Secretary 11.22 (65')
p.m.). LAST DAY that a declaration of ineligibility 11.23
causes omission of candidate's name from ballot. 11.24
(These deadlines are to occur on the 3rd day after the
filing deadline.) Mon, Mar 5 is filing deadline. This
deadline is extended to Mar 8 (65`h day). City
secretary's office should stay open until 5 p.m.
Mar 9 Recommended last day to POST 72 HOUR NOTICE City 8.06 "64`h
OF DRAWING for order of names on ballot. Secretary
Mar 12 If a SPECIAL ELECTION to fill a vacancy is held in City 13.06 62nd
conjunction with the general election, and the Secretary (61s`)
SPECIAL ELECTION was called on or before the 70`h
day before the election, this is the LAST DAY FOR
FILING AN APPLICATION for a place on the ballot
in the SPECIAL ELECTION.62nd day is on Sunday.
This action is extended to Mon, Mar 12.
Mar Recommended period to CONDUCT DRAWING FOR City 8.06 "615`
12-14 ORDER OF NAMES ON BALLOT. Prepare ballot Secretary thru
format and send it to printer. *59th
Mar 13 LAST DAY TO DELIVER NOTICE TO THE COUNTY City Council 10.16 60`h
CLERK AND VOTER REGISTRAR of each county in (City Secretary)
which the election will be held.
Mar 13 FIRST DAY TO ACCEPT APPLICATIONS FOR City 16.51 60`h
VOTING BY MAIL BALLOT. Secretary et seq.
17.02
17.03
Mar 13 First day of the period Texas Ethics Commission will City Secretary/Texas 18.01 60`h
defer investigation until after election (or runoff) if an Ethics Commission
allegation is filed.
Mar 16 Extended deadline to file for a place on the ballot in a City 11.05 57th
city office having a 4-year term if no one has filed by Secretary
5 p.m. on Mar 5(must be received by 5 p.m.).
Mar 19- Recommended period for APPOINTING ELECTION City Counce 4.03 "54`h
30 JUDGES.[2 (Schedule for first council meeting after 4.04 thru
period if no meeting during period.) See M§10.15 on 4.05 "43rd
giving notice to election judges.
Mar 20 If a SPECIAL ELECTION to fill a vacancy is held in City 8.05 53rd
conjunction with the general election, and the Secretary 11.22
SPECIAL ELECTION was called on or before the 70`h 11.24
day before the election, this is the LAST DAY for
candidate in special election to withdraw(withdrawal
request must be received by 5 p.m.). LAST DAY that
a declaration of ineligibility causes omission of
candidate's name from ballot.
*An asterisk in Column 5 indicates the time stated is not required by statute.
iX
ELECTION LAW MANUAL 2011
By or With Manual
Date Action Whom Taken Ref. § Column 5
Mar22 RECOMMENDED DATE TO PRINT BALLOTS which City 8.16 "515`
have been prepared earlier. Secretary
Mar 23 Beginning date of period for mandatory office hours. City 2.15 50`h
Secretary
Mar 28 FIRST DAY TO MAIL EARLY BALLOTS, IF City 16.57 45`h
AVAILABLE. Note the roster of persons mailed ballots Secretary
is not available to the public until the first business day
after election day[See M§16.56(g)].
Apr 4 Last day to mail balloting materials for early voting by City 16.57 38`h
mail, to persons who applied 8 days or more before Secretary
the 45'day.
Apr 6 Last day to order a special election to fill a vacancy so City Council 13.06(a) 36`h
that the filing deadline is Apr 11.
Apr 11 If a SPECIAL ELECTION to fill a vacancy is held in City 13.06 315`
conjunction with the general election, under most Secretary
circumstances(election ordered after 70th day and not
later than 36`h day),this is the LAST DAY FOR FILING
AN APPLICATION for a place on the ballot in the
SPECIAL ELECTION.
Apr 12 Due date for filing first report of campaign City 18.06 30`h
contributions and expenditures by opposed candidates Secretary
and specific-purpose committees supporting or
opposing opposed candidates by 5 p.m. or midnight
if filed electronically.City secretary's office should stay
open until 5 p.m.
Apr 12 Last day to order a SPECIAL ELECTION to fill a Mayor[1] 13.04(f) 30`h
vacancy except under special circumstances.
Apr 12 Last day for submitting voter registration application Registrar 6.23(g) 30`h
in time to vote at the election or for requesting transfer 6.25(b)
of registration in time to vote in new precinct not in the
same county and territory.
Apr 12 Recommended last day to notify presiding judges of Mayor 10.15 "30`h
duty to hold election.
Apr 12 Minimum 10`h day to begin posting continuous notice City 16.72 30`h
if signature verification committee meets Apr 22. Secretary
Apr 12 Recommended last day to request voter registrar to City 6.32 "30`h
prepare lists of registered voters and furnish statement Secretary 6.35
of residence forms to be used in conducting the 7.42
election.
Apr12- PERIOD FOR PUBLISHING NOTICE OF ELECTION. Mayor[1] 10.12 30`h
May 2 Must be published at least once in a newspaper during 20.04 thru
this period. 10`h
Apr 14 Last day ballot candidate in SPECIAL ELECTION may City 11.22 28`h
withdraw and have name removed from ballot if the Secretary
election was ordered after the 70`h day and on or
before the 36`h day before election day.This deadline
remains on Sat.
Apr 20 Recommended last day to request waiver of partial City 9.45 "22nd
manual recount of electronically counted ballots if the Secretary
secretary of state has not already issued a waiver.
Apr 20- Possible period for posting notice amending notice of City 16.22(k) 22nd
May 3 branch early voting polling places. Secretary thru
9th
*An asterisk in Column 5 indicates the time stated is not required by statute.
X
2012 MAY 2012 ELECTION CALENDAR
By or With Manual
Date Action Whom Taken Ref. § Column 5
Apr 21 LAST DAY for POSTING NOTICE OF ELECTION on City 10.12(c) 215`
(Apr 20 bulletin board for posting notices of city council Secretary[1]
Recom- meetings. The 215` day is on Sat. Technically, the
mended) notice can be delayed until Mon,Apr 23,but it is better
practice to post no later than Fri,Apr 20,which is the
22°d day before the election.
Apr 22 First day a signature verification committee may begin City 16.72 20`h
work. Secretary
Apr 22 First day jail authority can deliver ballots in person. City 16.51(a) 20`h
Secretary
Apr 23 Last day for unregistered applicant to submit a federal City 17.02(a) 20`h
postcard application. (The 20`h day before the election Secretary &(d) (19')
is Sun,Apr 22. The deadline is extended so that if the
application is placed in the mail by Mon, Apr 23, it is
timely.)
Apr 24 Last day for publication of notice of the test of City 7.40 18`h
automatic tabulating equipment to be used in early Secretary
voting if the test is on Apr 27. (48 hours before date
of test.)
Apr 25 Last day to begin posting continuous notice of City 16.22(k) 17'
schedule for branch early voting polling places. Secretary
Apr 27 Last day to receive application from voter in person for City 16.51(c) 15`h
a ballot to be voted by mail (by close of business). Secretary
This is the last business day before the beginning of
early voting by personal appearance.
Apr 27 Last day for conducting first test of automatic City 7.40(c) &(d) 15`h
tabulating equipment to be used for early voting (at Secretary
least 48 hours before it is used).
Apr27 STATUTORY DEADLINE FOR NOTIFYING JUDGES Mayor 10.15(a) 15`h
OF DUTY TO HOLD THE ELECTION.
Apr 27 Last day to challenge write-in candidate for City 11.10(i) 15`h
compliance. Secretary
Apr 30 FIRST DAY FOR EARLY VOTING BY PERSONAL City 16.21 12`h
APPEARANCE. If voting will be conducted on Sat or Secretary 16.22(d) &(i)
Sun,May 5 or 6,notice of schedule must be posted at
least 72 hours before first hour of the weekend voting.
(The city council must designate 2 weekdays that early
voting will be conducted for 12 hours.)
Apr 30 Last day early voting clerk, upon receipt of defective City 16.53(c)(3) & 12`h
early voting application,must mail2"d application with Secretary (4)
explanation of defects and instructions.
May 2 LAST DAY FOR PUBLICATION OF NOTICE OF Mayor[1 10.12 10`h
ELECTION.
May 3 First day for new illness or disability allowing late Voter 17.16 9th
application for late(emergency) early voting.
May 4 Due date for filing second report of campaign City 18.06(c) 8`h
contributions and expenditures by 5 p.m. or midnight Secretary 18.08(a)
if filed electronically. &(c)
*An asterisk in Column 5 indicates the time stated is not required by statute.
Xi
ELECTION LAW MANUAL 2011
By or With Manual
Date Action Whom Taken Ref. § Column 5
May 4 Last day to receive application by mail for a ballot to City 16.51(b) 7th
be voted by mail, by 12 noon or close of business, Secretary 16.55(b) (5th)
whichever is later. 7`h day is on a Sat. Move date to
Fri, May 4(8' day) (exception to general rule).
May 6 Last day for publication of notice of first test of City 7.40(d) 6th
automatic tabulating equipment to be used at a polling Secretary
place if the first test is on May 9. (48 hours before
date of test.)
May 7 First day for death in family to qualify for late City 17.31 5th
(emergency) early voting. Secretary
May 7 Last day for publication of notice of first test of City 7.40(b) & 5th
automatic tabulating equipmentto be used at a central Secretary (d)
counting station if the first test is on May 10. (48 hours
before date of test.)
May 8 LAST DAY OF REGULAR EARLY VOTING BY City 16.21(c) 4th
PERSONAL APPEARANCE. Secretary
May As soon as early voting is over, and until 7:00 p.m. City 16.74(a) &(c) 4th thru
8-12 May 14,early voting materials may be delivered to the Secretary close of
early voting ballot board if notice requirements have polls
been followed. The board may process the materials
but may not count the ballots until polls open on
election day.
May 9 Last day to receive an application to cancel mail ballot. City 16.59(a) 3rd
Secretary
May 9 Last day for conducting first test of automatic City 7.40(c) &(d) 3rd
tabulating equipment to be used at a polling place(at Secretary
least 48 hours before used for counting on election
day). To assure 48 hours before 7 a.m. of election
day,test must be by 3'd day. Notice must be published
at least 48 hours before date of test.
May Period to apply for late (emergency) early voting City 17.33 3'd
9-11 because of death in family May 7 or later. Secretary thru 1st
May Prepare list of registered voters for early voting ballot City 16.76 "3'd
9-11 board if more than one early voting polling place. Secretary thru 1st
Period to apply for late (emergency) early voting
May because of illness or disability originating on or after City 17.17 3'd thru
9-12 May 3. Secretary Election
Day,
5 p.m.
May 10 Last day for first test of automatic tabulating Presiding Judge 7.40(b) 2°d
equipment to be used at a central counting station.
Notice must be published at least 48 hours before date
of test.
May 11 Last day to deliver precinct early voting lists to City 7.47 1s`
presiding judges and recommended date for delivery Secretary 16.83(j)
of supplies to presiding judges.
May 11 Recommended date for delivery of equipment to City 7.48 "1s`
polling places(statutory deadline is 6 a.m.on election Secretary
day).
May 11 RECOMMENDED DAY TO POST NOTICE OF City 9.42 "1s`
COUNCIL MEETING to canvass the returns if canvass Secretary
will be on 3'd day after election. Notice must be posted
at least 72 hours before time of meeting.
*An asterisk in Column 5 indicates the time stated is not required by statute.
Xii
2012 MAY 2012 ELECTION CALENDAR
By or With Manual
Date Action Whom Taken Ref. § Column 5
May 11 Last day to submit an application (by close of City 17.33(b) 1st
business) for and vote a ballot by personal Secretary
appearance due to death in immediate family that
occurred May 7 or later.
May 12 ELECTION DAY. Polls are open 7 a.m. to 7 p.m. City 17.41 E Day
Voting by sick or disabled voters at main early voting Secretary
place, 7 a.m. to 7 p.m., where electronic voting
systems are used at precinct polling place.
May 12 7 a.m.to 7 p.m. early voting clerk's office must remain City 9.23 E Day
open for early voting activities. Secretary
May 12 5 p.m. deadline for late applications for ballots from City 17.16 E Day
voters who became ill or disabled May 3 or later. Secretary 17.17
May 12 Deliver early voting ballots, etc., to early voting ballot City 16.73(a) E Day
board. Second key to ballot box is delivered by chief Secretary
of police or marshal.
May 12 7 pm deadline for receiving ballots from voters who City 17.17 E Day
became ill or disabled May 3 or later. Secretary
May 12 7 pm deadline for receiving early voting mail ballots. City 9.23(b) E Day
After regular mail delivery, check mail box for early Secretary 16.58(a)
voting mail ballots.
May 12 Receive precinct records,voted ballots, etc. (Chief of City 9.33(d) E Day
police or marshal receives keys to ballot boxes Secretary 9.34
containing voted ballots.) Mayor
May 12 UNOFFICIAL TABULATION OF RESULTS. City 9.35 E Day
Secretary
May 14 First day for public access to early voting roster and City 9.49(d) +2
applications and for mailed early voting ballot Secretary 16.56(g)
materials.
May 14 Last day to deliver provisional ballots to Voter City 9.41(a) +2
Registrar of each county in which city is located. Secretary
May 15 Provide Official STATEMENT OF ELECTED OFFICER City 12.32(d) "+3
NOT APPOINTED BY THE GOVERNOR and OATH Secretary
OF OFFICE to candidates who appear to have won,
or may win. These are now Secretary of State
Forms 2201 and 2204.
May Period during which early voting ballot board may Early Voting 16.74(e) +3 thru
15-17 meet to count ballots received from outside the United Ballot Board +7
States. The early voting clerk must certify that all
ballots mailed from outside the United States have
been received if the board counts FPCA ballots before
May 18, the 6'day.
May PERIOD FOR OFFICIAL CANVASS. Mayor sets City Council/City 9.42(b) +3 thru
15-23 exact day and hour. City secretary records results in Secretary 9.44 +11
election register as soon as practicable after canvass.
[Canvass may occur before 11th day only if all FPCA
ballots have been received and the ballot board has
completed the count of provisional ballots.]
May Completion before canvass of report of early votes City 16.87 +3 thru
15-23 cast for each candidate or measure, by election Secretary +11
precinct.
*An asterisk in Column 5 indicates the time stated is not required by statute.
XIII
ELECTION LAW MANUAL 2011
By or With Manual
Date Action Whom Taken Ref. § Column 5
May AFTER CANVASS, ISSUE CERTIFICATE OF Mayor 12.23 +3 thru
15-23 ELECTION. +11
May 15- Partial manual count of electronically counted ballots City 9.45 +3 thru
Jun 4 if waiver not obtained from secretary of state, must Secretary +21
begin not later than 72 hours after polls close and be (+23)
completed by the 215`day. +215`day is Sat.The date
is extended to Mon, Jun 4(+23rd day).
May 17 Last day for receiving a ballot from outside the United City 16.58(b) +5
States. Secretary
May 18 Last day for voter registrar to complete review of City 9.41(c) +6
provisional ballots and for early voting clerk to retrieve Secretary (6th calendar
provisional ballots. day after
election)
May 18 Early voting ballot board meets to count ballots Early Voting 16.74(e) +6
received from outside the United States, if the early Ballot Board
voting clerk did not certify that all ballots mailed from
outside the United States had been received earlier.
(Provisional ballots may be processed at this time.)
May 18 Type A elected officials may qualify and assume duties Candidate with 12.34 +6
of office [LGC §22.006]. The statute states 5`h day City
after election, excluding Sundays. The resulting day Secretary
is the 6`h day after. Officials may not take office until
the canvass is complete unless the election was
cancelled.
May 19 Last day for early voting ballot board to verify and Early Voting 9.41 +7
count provisional ballots.(The 7'day after the election Ballot Board 16.77
is Sat, May 19. The date is not moved because this is
an exception to the rule.)
May ORDERING OF RUNOFF ELECTION, if necessary, City Council 14.04 +8 thru
20-29 not later than 5`h day after canvass. May 28 is or +16
Memorial Day. If May 28 is the 5`h day after canvass, Mayor[1] (+17)
the date is extended to Tue, May 29.
May 22 Last day for presiding judge of EVBB to mail notices Presiding Judge of 16.78 +10
of rejected mail ballots to voters. EVBB
May 23 LAST DAY for conducting the official canvass of the City Council 9.42(b) +11
election.
May 25- Period during which notice of disposition of provisional Presiding Judge of 16.77 By 10`h day
Jun 4 ballots must be mailed to voters. If 10`h day is Sat, EVBB after
Sun, or Memorial Day (May 26-28), last day is Tue, canvass
May 29. If 10`h day is Sat or Sun, Jun 2 or 3, last day
is Mon, Jun 4.
Jun 4- POSSIBLE PERIOD FOR RUNOFF ELECTION, City 14.03 20`h-45`h
Jul 9 depending on date of official canvass,unless a charter Secretary/ day after
provides for a later date. If 45`h day is Wed, Jul 4, a City Council canvass
holiday, move to Thur, Jul 5. If 45` day is Sat,Jul 7,
move to Mon, Jul 9.
Jun 4 Last day for mailing results of manual count to City 9.45 +21
secretary of state, if no waiver is obtained. +215` day Secretary (+23)
is Sat. The deadline is extended to Mon,Jun 4(+23rd
day).
Jun 11 Last day to transmit election results by city precinct in Mayor 9.44 +30
electronic form to secretary of state. (Presiding Officer of the
Canvassing Committee)
*An asterisk in Column 5 indicates the time stated is not required by statute.
xi V
2012 MAY 2012 ELECTION CALENDAR
By or With Manual
Date Action Whom Taken Ref. § Column 5
Jun 21 LAST DAY OF MANDATORY OFFICE HOURS. City 2.15 +40
Secretary
July 12 First day for transfer of voted ballots from the locked City 9.50 +61
ballot box to another secure container. Secretary
July 16 Last day for timely filing of semiannual report of City 18.05 July 15
contributions and expenditures. Jul 15 is Sun. The Secretary (July 16)
date is extended to Mon, Jul 16.
Nov Last day of preservation period for ballots City Secretary 9.50(g) +6
12, and other precinct election records of city months
2012 election.
Endnotes
[1] Follow home-rule city's charter provision, if any.
[2] The city's governing body may choose to conduct a mock student election under EC §276.007. The
major steps taken for a general election should be taken for a student election. The student election
may be held on the first day before the election, but results must not be published until after the polls
close on election day.
NOTE ON CALENDAR FOR SPECIAL OR RUNOFF ELECTION
To prepare a calendar for a special election to fill a vacancy in office, see M §1 3.02; for a special
election on a measure, see M §15.02; for a runoff election, see M §14.03.
N o TE ON CONTEXT
When reading a section of the Election Code, remember to read the chapter and subchapter titles to
determine if the section you are reading applies to cities.
*An asterisk in Column 5 indicates the time stated is not required by statute.
xv
Wylie City Council
CITY OF VVYLIE AGENDA REPORT
Meeting Date: February 14, 2012 Item Number: C.
Department: City Secretary (City Secretary's Use Only)
Prepared By: C. Ehrlich Account Code: 100-5113-56070
Date Prepared: January 14, 2012 Budgeted Amount: $9,200.00
RCEA Contract/Cost
Exhibits: Estimates
Subject
Consider, and act upon, an Election Contract by and between the City of Wylie and the Rockwall County
Elections Administrator for administration of the May 12, 2012 Wylie General Election.
Recommendation
Motion to approve an Election Contract by and between the City of Wylie and the Rockwall County Elections
Administrator for administration of the May 12, 2012 Wylie General Election.
Discussion
By the terms of this agreement, the City of Wylie agrees, pursuant to the provisions of the Texas Election Code,
to hold its General Election on Saturday May 12, 2012. Per Council direction, the city will contract with the
Rockwall County Elections Administrator to perform various duties and responsibilities on behalf of the city.
The contract presented has specified duties for each party and estimated costs to administer the election. This
agreement, once executed will formalize the General Election for May 12, 2012 between the City of Wylie and
Rockwall County Elections Administrator and approve the estimated costs for the General Election. Under the
terms of the contract, it is noted that if the city cancels their election, a charge of$75.00 will be accessed as full
cost for the election.
Article 2, Section 1 (c) of the Home Rule Charter allows the Council to cooperate with the government of any
County for any lawful purpose for the advancement of the interests of its inhabitants and cost savings to the
taxpayers. The Election code allows and encourages cities and school districts to contract with any county
within its incorporated city limits for the administration of local elections.
Rockwall County Elections Administrator will hold the election for registered voters residing in the
incorporated city limits of Wylie in Collin, Rockwall and Dallas counties.
Approved By
Initial Date
Department Director CE 01-14-12
City Manager MM 2-9-12
Page 1 of 1
May 12, 2012
General Election
Contract for Election Services
Elections Administrator of
Rockwall County
and
City of Wylie
(Wylie Voters Only)
May 12, 2012
General Election
Table of Contents
I Principal Duties and Services of the Elections Administrator
II Principal Duties and Services of the City
III Cost of Services
IV General Provisions
Exhibits
Exhibit A Early Voting Schedule and Polling Locations
Exhibit B Election Day Schedule and Polling Locations
Exhibit C .................................................................................Cost of Services
ii
STATE OF TEXAS
COUNTY OF ROCKWALL
CITY OF WYLIE
CONTRACT FOR ELECTION SERVICES
BY THE TERMS OF THIS CONTRACT made and entered into by and between
the City OF WYLIE (the "City") and the ELECTIONS ADMINISTRATOR OF
ROCKWALL COUNTY (the "EA"), pursuant to the authority in Subchapter D, Section
31.091, of Chapter 31, of the Texas Election Code, agree to the following particulars in
regard to coordination, supervision and running of the City's General Election to be held
on May 12, 2012.
THIS AGREEMENT is entered into in consideration of the mutual covenants and
promises hereinafter set out. IT IS AGREED AS FOLLOWS:
I. PRINCIPAL DUTIES AND SERVICES OF THE EA. The EA shall be responsible
for performing the following duties and shall furnish the following services and
equipment:
A. The EA shall arrange for judges the City Council shall appoint, notification
(including writ of election), training and compensation of all presiding
judges, alternate judges, the judge of the Tabulation Room and judge of
the Early Voting Balloting Board.
1. The EA shall be responsible for notification of each Election day and
Early Voting presiding judge and alternate judge of his or her
appointment. The EA recommends providing up to six (6) election
workers including alternate judges, clerks and interpreters. The
presiding election judge of each polling place, however, will use
his/her discretion to determine the working hours of the election
workers during normal and peak voting hours. The EA will determine
the number of clerks to work in the Tabulation Room and the number
of clerks to work on the Balloting Board.
2. Election judges (including Presiding and Alternate) shall attend the
EA's school of instruction (Elections Seminar) to be held on a date
determined by the EA. The Elections Seminar shall provide training in
standard procedures as set forth by the Secretary of State and will
also include training on the ES&S Model 100 Precinct Ballot
Scanners, the ES&S Ivotronic ADA voting machines and the ADA
headphones.
3. Election judges shall be responsible for picking up from and returning
election supplies to the Rockwall County Election Administrator's
office located at 107 E. Kaufman, Rockwall, Texas. Compensation for
this pickup and delivery of supplies will be $25.00.
4. The EA shall compensate each election judge, alternate judge, clerk
and interpreter. Each election judge and interpreter shall receive
$12.00 per hour for services rendered. Each alternate judge and clerk
shall receive $10.00 per hour for services rendered.
1
B. The EA shall procure, prepare, and distribute voting machines, election
kits and election supplies.
1. The EA shall secure election kits which include the legal
documentation required to hold an election and all supplies
including locks, pens, magic markers, etc.
2. The EA shall secure all tables, chairs, and legal documentation
required to run the Tabulation Room.
3. The EA shall provide all lists of registered voters required for use
on election day and for the early voting period required by law.
The Election Day List of registered voters shall be arranged in
alphabetical order by polling place.
4. The EA shall procure and arrange for the distribution of all election
equipment and supplies required to hold an election. Equipment
includes the rental of ES&S, ES&S Ivotronic ADA voting
machines, ADA headphones, transfer cases, voting signs and
supply bags.
C. The EA shall be appointed as the Early Voting Clerk by the City.
1. The EA shall supervise and conduct early voting by mail and in
person and shall secure personnel to serve as Early Voting
Deputies.
2. Early Voting by personal appearance for the City's May 12, 2012,
General Election shall be conducted during the time period and at
the locations listed in Exhibit "A", attached and incorporated by
reference into this contract.
3. All applications for an Early Voting mail ballot shall be received
and processed by the Rockwall County Elections Administrator's
office located at 107 E. Kaufman, Rockwall, Texas 75087.
(a) Applications for mail ballots erroneously mailed to the City
shall immediately be faxed to the EA for timely processing.
The original application shall then be forwarded to the EA
for proper retention.
(b) All Federal Post Card Applicants (FPCA) will be sent a
mail ballot. No postage is required.
4. All Early Voting ballots (those cast by mail and those cast by
personal appearance) shall be prepared for count by the Early
Voting Ballot Board in accordance with Section 87.000 of the
Texas Election Code. The presiding judge of this Board shall be
appointed by the EA. The Board shall meet for preparation of the
2
early voting ballots at a time agreed to between the EA and the
Early Voting Ballot Board Judge.
D. The EA shall arrange for the use of all election day polling places. The
City shall assume the responsibility of incurring and absorbing the cost of
its employees required to provide access, security and/or custodial
services for the election day polling places listed in Exhibit "B", attached
and incorporated by reference into this contract.
E. The EA shall be responsible for establishing and operating the Tabulation
Room to receive the ES&S Ivotronic Flashcards..
1. The EA shall prepare, test and run the County's Tabulation
System in accordance with the statutory requirements.
2. The Public Logic and Accuracy Test of the electronic voting
system shall be conducted by the EA and notice of the date shall
be posted in local newspapers.
3. The EA shall cause to be published in the local newspapers the
notices of early voting locations, election day voting locations, and
tabulation testing.
4. Election night reports will be available to the City after tabulation is
completed. Provisional ballots will be tabulated after election night
in accordance with the law.
5. The EA shall prepare the unofficial canvass report after all
precincts have been counted, and will provide a copy of the
unofficial canvass to the City as soon as possible after all returns
have been tallied.
6. The EA shall conduct a manual count as prescribed by Section
127.201 of the Texas Election Code and submit a written report to
the City in a timely manner. Unless waived by the Secretary of
State, if applicable, a written report shall be submitted to the
Secretary of State as required by Section 127.201(e) of the
aforementioned code.
7. The EA shall be the custodian of the voted ballots and shall retain
All election materials for a period of 6 months.
II. PRINCIPAL DUTIES AND SERVICES OF THE CITY. Each entity shall assume
the following responsibilities:
A. The City shall prepare the election orders, resolutions, notices, official
canvass and other pertinent documents for adoption by the appropriate
office or body.
B. The City shall provide the EA with an updated map and street index of its
jurisdictions in an electronic or printed format as soon as possible.
C. The City shall design and provide the EA with the ballot layout and
Spanish interpretation in an electronic format.
3
1. The City shall deliver to the EA as soon as possible the official
wording for the City's May 12, 2012, General Election.
2. The City shall approve the ballot format prior to the final printing.
D. The City and the EA shall determine the number of ballots to be
purchased.
E. The City shall compensate the EA for any additional verified cost
incurred in the process of running this election or for a manual count of
this election, if required, consistent with charges and rates shown on
Exhibit "C" for required services. These costs will be invoiced for
reimbursement.
F. The City shall reimburse Rockwall County for its portion of the printing
costs of any and all related materials for ballots, early voting, election day
voting, election kits, and ES&S ADA Ivotronic voting machines.
G. The City shall reimburse Rockwall County for its portion of the rental of all
electronic voting equipment, including ADA Ivotronic voting machines,
compliance headphones, PEBs, flash cards, and any other equipment
required to complete the counting of votes.
H. The City shall reimburse the EA for an administrative fee not to exceed
ten percent (10%) of the City's portion of the total cost of the election.
The City shall deposit its share of the election costs as set forth on Exhibit
"C". The check is to be made payable to Rockwall County and delivered
to the EA. The final costs of the election along with the ten percent (10%)
administration fee will be prepared on a format similar to Exhibit "C" and
the invoice along with any supporting documentation shall be delivered by
the EA. The invoice is due and payable 30 days after receipt by the City.
J. The City, in the event of a contested election, agrees to provide
competent legal counsel and representation for the EA and her staff,
covering any and all legal fees and costs as a result of this elections
process.
K. The City, in the event of a recount, agrees to reimburse any expenses
incurred by the EA's office not covered by the charges assessed to the
person requesting the recount. This would include, but not be limited to
the compensation costs of any Rockwall County Election personnel
required to work beyond regular office hours in order to conduct said
recount of this election.
L. The City shall cause to be published in the local newspapers the required
notice of election which includes the early voting locations and election
day locations.
M. The City shall prepare and submit to the U.S. Department of Justice
under the Federal Voting Rights Act of 1965, any required submissions
on voting changes.
III. COST OF SERVICES. See Exhibit"C."
A. The City shall pay for the expense of conducting early voting and election day
voting for voters who reside within the City but do not reside in the
boundaries of Rockwall County.
IV. GENERAL PROVISIONS.
4
A. TO THE EXTENT PERMITTED BY LAW, THE CITY AGREES TO SAVE
AND HOLD HARMLESS THE EA FROM ANY AND ALL CLAIMS ARISING
OUT OF THE FAILURE OR OMISSION OF THE CITY TO PERFORM ITS
OBLIGATIONS UNDER THIS CONTRACT.
B. The EA agrees to save and hold harmless the City from any all
claims arising out of the failure or omission of the County and the EA to
perform their obligations under this contract.
C. Nothing contained in this contract shall authorize or permit a change in the
officer with whom or the place at which any document or record relating to the
City's May 12, 2012, General Election is to be filed or the place at which any
function is to be carried out, or any nontransferable functions specified under
Section 31.096 of the Texas Election Code.
D. Upon request, the EA shall provide copies of all invoices, cost reports and
other charges incurred in the process of running said election for the City.
E. The EA shall file copies of this contract with the County Auditor and the
County Treasurer of Rockwall County, Texas.
F. If the City cancels their election pursuant to Section 2.053 of the Texas
Election Code, the EA shall be paid a contract preparation fee of
$75.00. The City will not be liable for any further costs incurred by
the EA in conducting the May 12, 2012 General Election.
WITNESS BY MY HAND THIS DAY OF , 2012.
Glenda Denton, Elections Administrator
Rockwall County, Texas
ATTEST: Eric Hogue, Mayor
City of Wylie
Carole Ehrlich, City Secretary
5
EXHIBIT "A"
EARLY VOTING LOCATIONS & HOURS
FOR GENERAL ELECTION
(votacion anticipada horarios y ubicaciones para elecciones generales)
May 12, 2012
POLLING PLACE LOCATION &ADDRESS CITY
(lugar de votacion) (lugar y direccion) (ciudad)
FATE FATE COMMUNITY CENTER FATE
(centro de comunidad del fate)
104 W.W E CRAWFORD
HEATH HEATH CITY HALL HEATH
(ciudad pasillo de heath)
200 LAURENCE
McLENDON-CHISHOLM CHISHOLM BAPTIST CHURCH McLENDON-CHISHOLM
(iglesia bautista de chisholm)
1388 S. HWY 205
ROCKWALL ELECTIONS OFFICE ROCKWALL
(ficina de las eleccions)
107 E. KAUFMAN
ROYSE CITY ROYSE CITY HALL ROYSE CITY
(ciudad pasillo de royse)
305 N. ARCH
WYLIE WYLIE MUNICIPAL COMPLEX WYLIE
(LIBRARY)
(complejo municipal de wylie—
biblioteca)
300 COUNTRY CLUB RD., BLDG
300
SUNDAY MONDAY TUESDAY WEDNESDA THURSDAY _ FRIDAY SATURDA
(Domingo (tunes) (Martel) Y (Jueves) (Viernes) Y
(Miercoles) (Sabado)
N/A APR.30 MAY 1 MAY 2 MAY 3 MAY 4 MAY 5
8am— 8am—5pm 8am—5pm 8am—5pm 8am—5pm 8am—5pm
5pm
SUNDAY MAY 7 MAY 8 MAY 9 MAY 10 MAY 11 MAY 12
7am—7pm* 7am—7pm* ELECTION
DAY
7am-7pm
ROWLETT CULLINS - LAKE POINTE ROWLETT
ELEMENTARY
(cullins lago pointe elemental)
5801 SCENIC DR
SUNDAY MONDAY." TUESDAY WEDNESDA THURSDAY; FRIDAY SATURDA
(Domingo) (Lunen) (Mattes) y (Jueves) (Uiernes) y
(Miercoles). (Sabado)
APR.29 APR.30 MAY 1 MAY 2 MAY 3 MAY 4 MAY 5
N/A N/A N/A N/A 8am—5pm 8am—5pm 8am—5pm
MAY 6 MAY 7 MAY 8 MAY 9 MAY 10 MAY 11 MAY 12
N/A 7am—7pm 7am—7pm ELECTION
DAY
7am-7pm
*Extended hours on Monday, May 7 and Tuesday, May 8, 2012
6
Exhibit "B"
ELECTION DAY VOTING LOCATIONS & HOURS
FOR GENERAL ELECTION
(lugares de votacion de dia de la eleccion para elecciones generales)
May 12, 2012
(12 de mayo de 2012)
7:00 a.m. - 7:00 p.m.
POLLING PLACE LOCATION & CITY
(lugar de votacion) ADDRESS (ciudad)
(lugar y direccion)
Wylie Southfork Mobil Home Wylie
Community Clubhouse
(southfork movil casa comunidad
clubhouse)
216 Southfork Blvd
Wylie Wylie Bible Church Wylie
Family Center
(wylie iglesia biblica
centro familia)
206 N. Jackson
7
Exhibit "C"
Cost of Services - Wylie Voters Only
Quantity Unit Costs Subtotal Costs Extended Costs
Non-Refundable Contract Preparation 75.00
(Payable only if Contract is Canceled)
Direct Costs
Ballots 150 0.28 42.00 42.00
Shipping(Ballots only) 150 2.50 2.50
Sample Ballots 50 0.28 14.00 14.00
Early Voting Election Kits 1 40.00 40.00 40.00
Election Day Kits 2 40.00 80.00 80.00
Supply Costs[Based upon#voting places] 3 15.00 45.00 45.00
Voting Signs 16 1.00 16.00 16.00
Equipment Rental-ES&S
Early Voting DRE Machine 7 250.00 1,750.00 1,750.00
Election Day DRE Machine 7 250.00 1,750.00 1,750.00
Shipping 14 60.00 840.00 840.00
Equipment Delivery Fee/Truck Rental 14 50.00 700.00 700.00
L&A Machine Testing 14 20.00 280.00 280.00
Judges Pickup/Delivery Fees 3 25.00 75.00 75.00
Notices*
Notice of Tabulation Testing 1 20.00 20.00 20.00
Notice of Election Day Pollimg Locations 1 20.00 20.00 20.00
Notice of Early Voting Polling Locations 1 20.00 20.00 20.00
Compensation of Judges&Clerks'
Early Voting Workers 800.00 800.00
Election Day Workers 600.00 600.00
Compensation of County Employees"
Staff Overtime for Early&Election Day Voting 150.00 150.00
Process Election Workers'Checks 50.00 50.00
Tabulation of Ballots 150.00 150.00
ES&S Site Support Fee(Based on#entities)Subject to 412.50 412.50
Change
Programming Electronic Voting Machines 1,500.00 1,500.00
Subtotal of Direct Costs 9,357.00
Administration Fee[10% calculated on final billing]
Total Contract Costs 9,357.00
Number of participating entities 1
50% Due from Each Entity 45 days before election 4,678.50
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* Costs for notices will be determined by newspapers and the final invoice will be based upon costs charged by the
newspapers.
"" The compensation of election judges and clerks will be adjusted on the final billing to reflect actual costs paid after all
timesheets have been tabulated and paid. Where applicable,compensation includes payroll appendages.
""" County employees will be paid in accordance with County policies regarding overtime. Hours worked in excess of 40
during a week are paid at 1.5 times each employee's hourly rate. Compensation includes payroll appendages.
A 10%Administration Fee will be added to the total amount of the contract. This fee will be determined based upon final
actual costs and included on the final invoice.
8
Wylie City Council
LIE AGENDA REPORT
CITY OF WY
Meeting Date: February 14, 2012 Item Number: D.
(City Secretary's Use Only)
Department: Planning
Prepared By: Renae' 011ie Account Code:
Date Prepared: February 8, 2012 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, approval of a Preliminary Plat creating 12 commercial lots on 24.604 acres for the
Woodbridge Centre Phase I Addition, Block B, Lots 1-12. Subject property generally located south of F.M. 544
and west of Woodbridge Parkway.
Recommendation
Motion to approve a Preliminary Plat creating 12 commercial lots on 24.604 acres for the Woodbridge Centre
Phase I Addition, Block B, Lots 1-12. Subject property generally located south of F.M. 544 and west of
Woodbridge Parkway.
Discussion
Owner: Clark Street Development Applicant: Winkelmann &Associates,Inc.
The applicant is proposing to develop a commercial/retail center on 24.604 acres. The first phase will consist of
a single story 113,531 s.f. food store, with various outparcels. Phase II (also on current Agenda) will consists of
a 2,002 seat movie theater and various commercial/retail outparcels.
The plat establishes the boundary lines for 12 commercial lots, rights-of-way as well as access and fire lane
easements.
A Separate Instrument (DECLARATION OF EASEMENTS) must be executed by the subject property owner
and the adjacent property owner of 2610 W FM 544, Abstract A1061 I & G N RY Co Survey, Tract 8. The
Applicant/Owner must file the proper documentation to secure the offsite fire lane and access easement. The
Separate Instrument is worded as such that the agreement will run with the land regardless of owner(s). The
Declaration must be filed in Collin County prior to the issuance of any permits.
A Site Plan for Lots 1, 2, 3 and 12 were approved by the Planning and Zoning Commission on February 7,
2012.
Planning Commission voted 5-0 to recommend approval of the Preliminary Plat subject to additions and
alterations to the en_ineerin_ clans as required by the Engineering Department.
Approved By
Initial Date
Department Director RO 02/08/12
City Manager MM 2-9-12
Page 1 of 1
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"Preliminary Plat for Review Purposes Only" SHEET =
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"Selling a portion of this addition by m e and bounds is a violation LITE 130
li of City Ordinance and State Law and is subject to foes and OF
OFF
withholding of utilities and building permits" TTEXAS EXAS ENGINEERS REGISTRATION
No es 2
Wylie City Council
LIE AGENDA REPORT
CITY OF WY
Meeting Date: February 14, 2012 Item Number: E.
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: February 2, 2012 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, approval of a Preliminary Plat for Woodbridge Centre Phase II, a 10.756 acre tract
consisting of four lots for commercial/retail purposes. Subject property being generally located west of
Woodbridge Parkway and Wylie High School and south of FM 544.
Recommendation
Motion to approve a Preliminary Plat for Woodbridge Centre Phase II, a 10.756 acre tract consisting of four lots
for commercial/retail purposes. Subject property being generally located west of Woodbridge Parkway and
Wylie High School and south of FM 544.
Discussion
Owner: B&B Theatre Applicant: Kimley-Horn &Assoc.,Inc.
The applicant is proposing to develop a 2,002 seat movie theater. The subject tract was part of a zoning case
approved December 13, 2011 for modifications to the Planned Development as it relates to parking and
landscaping requirements for theater development.
The Preliminary Plat establishes boundary lines for four lots. Lot 1 is 5.34 acres in size and will contain a
57,787 s.f theater. Lots 2-4 will be outparcels and commercial/retail in nature. Primary ingress and egress will
be from a 26' fire lane/access easement from Woodbridge Parkway. An 8' meandering sidewalk will run along
Woodbridge Parkway and be placed in a sidewalk/landscape easement.
The Preliminary Plat complies with all applicable technical requirements of the City of Wylie. The applicant is
working with the City Engineer regarding two deceleration lanes along Woodbridge Parkway.
Planning Commission voted 6-0 to recommend approval of the Preliminary Plat subject to additions and
alterations to the engineering plans as required by the Engineering Department.
Approved By
Initial Date
Department Director RO 02/02/12
City Manager MM 2-9-12
Page 1 of 1
s
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1 MJ/ //// 5// / uRmmmRnaRa CERTIFICATE OF APPROVAL n v 204 N P 2a.�
9 15
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xo . z j/ Cnslm.sn,Planning exass'_mnIe Commission Date 9
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POB 4,— _ ///; "Approved for Construction"
nvv ��/ // y yolVVyfi e,Texas bate I PRELIMINARY PLAT FOR REVIEW PURPOSES ONLYI
����� / �,5 ��/ PRELIMINARY PLAT
of`Md.,TPws Date WOODBRIDGE CENTRE PHASE II
�� / v v the Crty Secretary of the o hereby certifies that the foregoing final plat of 4 LOTS i
wrue axe21,1,and the Council,by formal action,then and there accepted the dedication of streets, Wmley-Horn and oomy Wylie,
Central Inc. ZONED:PLANNED DEVELOPMENT DISTRICT i
LINE TYPE LEGEND LEGEND „OILS. authored the p to note the acceptance thereof p signing s namepublic places,and water and sewer lines as shown and set forth in a.upon said as BEING 10.756 ACRES SITUATED IN THE
nerema°°aP described Dlat 12700 ;9`C'4 L.K.PEGUES SURVEY,ABSTRACT NO.703
2 p the v v Control Monuments No 1 and 2 Bearings based on Texas State Plane Coordinate System swnes v ndt v AD,11z Faxtaa Tel No no-l�o
°q'ni y'F vq2 CITY OF VVYLIE,COLLIN COUNTY,TEXAS €
Selling a portion of this addition by metes and bounds is a
violation of City ce and State '° � Kimley-Horn/mesanwitddep utilitiesandbuige ds Campbell � and Associates,
Inc
22,2
.„�
.x �. PublicRP p, N e,Sute. Tel
No 7°'am a L u, Fax
Tel Fax No(214)348-1720
. Recorded In Cabinet ,Page PRCCT. Contact Don ni.ena � 1=5pMBM 12,0,011 064449100 1 OF E
STATE OF TEXAS THAT HERZOG
DINGS,INC.,acting
NNownu MEN BY THESE PRESENTS:
Survey,COUNWYLIE CINEMA 12,an addition to the City of Wylie,Texas,and does hereby dedicate,in I,Michael B Marx,I,P LS,do hereby declare that this plat was prepared from an actual
WHEREAS HERZOG HOLDINGS,INC.,is the owner of a tract of land out of the L K tee simple,to the public use torever,the streets and alle,shown thereon I he streets and survey of the land and that the corner monuments shown thereon were properly placed
Pegues n ores)as in the City ot Collin being all ot a alleys are dedicated tor street purposes I he Easements and public use vWylie,Texas.as shown under my personal supervision in accordance with platting es an ions or me
called Inc,recorded in Instrument No 2U111,21UUU,U1UU ot the Official Public Records or Tou�nd regulations
County,Texas,and being more particularly described asfollows placed upon,over or across the Easements as shown,except that landscape improvements
may be placed in Landscape Easements,ft approved by the City ot Wylie In addition,Utility
6INNIN6 at a h/tl-iron rod with..KHA"cap tound in the northwest right-ot-way ot Easements may also be used tor the mutual use a.accommodation ot all public utilities Michael B.Marx PRELIMINARY
Country Club Boulevard(a variable width right-of-way)for the southwest corner of said desiring to use or using the same unless the easement limits the use to particular utilities, Hegistered Protessional Land Surveyor.,1
I rad 2,same being in the east line ot Lot 1U,Block Hot Hooper Business Park,an addition said use by public utilities being subordinate to the Public's and City ot`,Nylie's use thereot ',HALEY-HORN AND ASSOCIATES,INC THIS DOCUMENT SHALL NOT BE
to the City of Wylie,Collin County,Texas,according to the plat recorded in Cabinet H,Slide The Orly of Wylie a.public utilrty entities shall have the right to remove a.keep removed 12/UU Park Central Drive,Suite itlW,Dallas,I exas,,1 R RD,ED FORSE
round tor the (srn e ve
southeast corner d or bears South UTU,P East,a udv
their respective systems in said Easements The City of Wylie a.public utility entities shall MAIL OF ILXAS
I FILNCL departing the said northwest right-ot-way line a.with the east line ot Lots 8,1U at all times have the tull right ot ingress a.egress to or trom their respective easements COUNTY OF DALLAS
of said Block A a.the west line of said Tract 2,North 00138.14"West,a distance of 913 82 for the purpose of constructing,reconstructing,inspecting,patrolling,maintaining,reading
a.adding to or removing all or parts ot their
BEFORE ME,the undersigned authorrty,on this day personally appeared John Vicain,
southwest corner ot a called I aarih(22 uv acres)corner described in said Instrument No. nere v v procuring permission rreanyonerespectivesystems without me known to me to be the person whose name is subscribed to the foregoing instrument,a.
mnorzrUUUTBUrm, acknowledged to me that he executed the same tor the purposes a.consideration therein
I he r Nnn.(visibility, Maintenance) expressed,imh capacity rein scared aria as the ad and deed of said co,oration
THENCE departing the east line of Lots 9 MO of said Block A and with the common line of area or
areas
rod tound tor southeast corner ot said I ract 1 and continuing tor a total distance ot tlioU.21 Easement The Orly shall have the right but not the obligation to maintain any and all
feet to a 5/8-inch iron rod found in the said northwest right-of-way line of Country Club landscaping wrthin the VAM Easement Should the City exercise this maintenance right
Boulevard at the northeast corner ot said I rad 2,and being the beginning ot a curve to the then it shall be permitted to remove and dispose of any and all landscaping improvements, NOI ARV PUBLJC in and tor the SI Al 1E%,
right having a radius of 84450 feet,a central angle of 36,4.19",a chord bearing and including without limitation,any trees,shrubs,flowers,ground cover and fixtures The City
distance ot South,,,,,West,h, teet, may witl-dr.maintenance ot the VAM Easement at any time I he ultimate maintenance
responsibility for the VAM Easement shall rest with the owners No building,fence,shrub,
THENCE with the said northwest right-of-way line of Country Club Boulevard,the following tree or other improvements or growths,which in any way may endanger or interfere with the
courses and distances visibilrly,shall be constructed in,on,over or across the VAM Easement The Orly shall also
have the right but not the obligation to add any landscape improvements to the VAM
In a southwesterly direction,with said curve to the right,an arc distance 0,536 59 feet Easement,to erect any trattic control devices or signs on the VAM Easement and to remove
to a h/tl-iron rod with 1,1,cap tound tor the end ot said curve, any obstruction thereon The City,its successors,assigns,or agents shall have the right
South 5,031"West,a distance 0,720 16 feet to a 5/8-inch iron rod with"KHA"cap and privilege at all times to enter upon the VAM Easement or any part thereot tor the
found for the beginning of a curve to the left having a radius 0,875 50 feet,a central
and privileges set forth herein
angle 0,0,306",a chord bearing and distance of South In a southwesterly direction,with said curve to the left,an arc Length said Tracts 1 and 2,South 89,200"East,at a distance of 849 89 feet passing a 5/8"iron easement to provide visibility,right ot access tor maintenance upon and across said VAM Given under my hand and seal of office on this the day of ,2012
pI his plat approved sub,ect urposes m all platting ordinances,ale e ions and resolutions or me
the nI of Bn6iNNIN6 and containing 1U.Pen acres oronn e square rear or City of Wylie,Texas
NATNESS,my hand,this the day of 2011
r,e0anriurgerr,do IT2s2 State Plane Coordinate System per the City of Wylie Control
Donald P Herzog,member
MAIL OF ILXAS
COHN IT OF DALLAS
Betore me,the undersigned authorrty,a Notary Public in and tor the State ot I exas,on this
the same tor the purpose arn°dreern=asttirounntereinnde,'<perkessed
Given under my hand and seal of office,this day of ,2011
PUBLIC in and tor the SI. 1E%,
land
PRELIMINARY PLAT FOR REVIEW PURPOSES ONLYI
PRELIMINARY PLAT
WOODBRIDGE CENTRE PHASE II
4 LOTS
Engineer
Wmley-Horn and Inc. ZONED:PLANNED DEVELOPMENT DISTRICT
12700 Suite Central Drive
BEING 10.756 ACRES SITUATED IN THE N;a`w L.K.PEGUES SURVEY,ABSTRACT NO.703
Dallas,Tel Fax
Texas75251
nw�U
contaa.A ni�xv.e CITY OF WYLIE,COLLIN COUNTY,TEXAS Li
Kimley-Horn
Herz°,Holdings,Inc
Road r and Associates,Inc. ‘
Suite 130
Tel Noaa,a,34B-;3or Dallas,Texas Britie,Bm FalxNa(;2a3820
o Recorded In Cabinet ,Page PRCCT. ConFax tact D�onHerzog20 Scale DrawTn byDate 1-T,: t No sheet No
��.n MBM 12,0,011 064449100 2OF2 E
Wylie City Council
CITY OF VVYLIE AGENDA REPORT
Meeting Date: February 14, 2012 Item Number: F.
Department: Police Department (City Secretary's Use Only)
Prepared By: Chief John Duscio Account Code:
Date Prepared: January 30, 2012 Budgeted Amount:
Exhibits: 1
Subject
Review, and place on file, the 2011 Wylie Police Department Annual Traffic Contact Report.
Recommendation
A motion to place on file, the 2011 Wylie Police Department Annual Traffic Contact Report.
Discussion
Texas Senate Bill (S.B. 1074) requires police departments to collect traffic-related contact data and to report the
contact data to their governing body every year, no later than March of the following year.
The 2011 Wylie Police Department Annual Traffic Contact Report meets all requirements of S.B. 1074.
Approved By
Initial Date
Department Director JD 01/30/12
City Manager MM 2-9-12
Page 1 of 1
Wylie City Council
CITY OF VVYLIE AGENDA REPORT
Meeting Date: February 14, 2012 Item Number: G.
Department: City Manager (City Secretary's Use Only)
Prepared By: Jeff Butters Account Code:
Date Prepared: February 06, 2012 Budgeted Amount: $ 38,506
MDC Lease/Purchase
Exhibits: agreements.
Subject
Consider, and act upon, authorizing the City Manager to enter into a lease/purchase agreement with IBM Credit
L.L.C., for the Lease/Purchase of 25 Mobile Data Computers, and 5 year warranty, for the Police and Fire
Departments, at a total cost of$119,385.
Recommendation
Motion to authorize the City Manager to enter into a lease/purchase agreement with IBM Credit L.L.C., for the
Lease/Purchase of 25 Mobile Data Computers, and 5 year warranty, for the Police and Fire Departments, at a
total cost of$119,385.
Discussion
The City of Wylie began using mobile data computers (MDC's) in 2004. We are still using the original 13
MDC's and all of our MDC's are older and in need of replacing. Total cost of the project is $119,385.81. The
reason for the lease/purchase is to spread the cost out over five years instead of incurring the entire cost in one
budget year. The interest rate is approximately 3%. The first year cost to the City is $25,700, there is $38,506
budgeted for this project. At the end of five years the City will own the MDC's. The useful life of the Panasonic
tough books has proven to be in excess of five years.
Approved By
Initial Date
Department Director JB 2-6-2012
City Manager MM 2-9-12
Page 1 of 1
IBM Credit LLC
Lease/Purchase Master Agreement
For State and Local Government
Thank you for doing business with IBM Credit LLC. IBM Credit LLC is committed to providing you with the
highest quality financial offerings. If, at any time, you have any questions or problems, please let
us know.
This Lease/Purchase Master Agreement For State and Local Government ("Agreement") covers the terms and
conditions under which IBM Credit LLC will finance various charges.
This Agreement has 14 parts:
Part 1 -Definitions;
Part 2-Separate Financings;
Part 3-Lessee's Covenants;
Part 4-The Transactions
Part 5-Lessor's Rights of Access;
Part 6-Payments;
Part 7-Title;Security Interest;
Part 8-Maintenance and Ancillary Charges;
Part 9-Casualty Loss;
Part 10-Warranties; Use of Equipment and/or Financed Items;
Part 11 -Prepayment;
Part 12-Assignment; Risk of Loss;
Part 13-Defaults and Remedies;and
Part 14-General.
In addition, attached is the form of Lease/Purchase Supplement and Exhibits thereto.
This Agreement and its applicable Supplements and Addenda are the complete agreement regarding the
Financing Transactions and replace any prior oral or written communications between both parties. If there is a
conflict of terms among the documents, the order of precedence will be as follows: (a) attachments or addenda
to the Supplement, (b)Supplement,(c)attachments or addenda to the Agreement, (d)this Agreement.
By signing below, both parties agree to the terms of this Agreement. Once signed, any
reproduction of this Agreement or a Supplement made by reliable means (for example,
photocopy or facsimile)is considered an original.
Agreed to: Agreed to:
(Lessee) (Lessor)
CITY OF WYLIE IBM Credit LLC
By By
Authorized Signature Authorized Signature
Name(type or print): Name(type or print):
Date: Date:
Customer number: 9897955 Agreement number: LP9897995
IBM Office number: 1T8
Customer address: IBM Office address:
300 COUNTRY CLUB RD 4111 Northside Parkway,NW
WYLIE,TX-75098-3000 Atlanta,GA 30327-3075
Z126-5741-04(07-10)
IBM Credit LLC
Lease/Purchase Master Agreement
For State and Local Government
Part 1 -Definitions
The following terms will have the meanings indicated below unless the context clearly requires otherwise:
"Agreement" means this Lease/Purchase Master Agreement,.
"Commencement Date" is the date when the term of a Financing Transaction and Lessee's obligation to pay
Lease Payments for such Financing Transaction commence, which date shall be set forth in each
Lease/Purchase Supplement.
"Equipment" means, collectively, the equipment lease/purchased pursuant to this Agreement, and with respect
to each Lease/Purchase Supplement, the equipment described in each Lease/Purchase Supplement, and all
repairs, restorations, modifications and improvements thereof or thereto made pursuant to Section 8.01 or Part 9.
"Event of Default" is defined in Section 13.1.
"Financed Items" means any software program licenses, maintenance, services, and other one-time charges to
be lease/purchased pursuant to this Agreement, and with respect to each Lease/Purchase Supplement, such
items described therein.
"Financing Transaction" means the lease/purchase transaction for Property set forth in any Lease/Purchase
Supplement entered into pursuant this Agreement.
"Lease/Purchase Supplement" or"Supplement" means a Lease/Purchase Supplement in the form attached
hereto.
"Lease Payments" means the Lease Payments payable by Lessee under Part 6 of this Agreement and with
respect to each Lease/Purchase Supplement, the Payment Amounts set forth in each Lease/Purchase
Supplement in Exhibit 1 thereto.
"Lease Payment Dates" means the dates for the Lease Payments as set forth in the Payment Schedules for
each Lease/Purchase Supplement.
"Lease Term" means, with respect to a Financing Transaction, the Original Term and all Renewal Terms. The
Lease Term for each Financing Transaction entered into hereunder shall be set forth in a Lease/Purchase
Supplement, as provided in Section 4.2.
"Lessee" or "Customer" means the entity identified as such in the first paragraph hereof, and its permitted
successors and assigns.
"Lessor"means the entity identified as such in the first paragraph hereof, and its successors and assigns.
"Nonappropriation Event" is defined in Section 6.6.
"Original Term" means,with respect to a Financing Transaction,the period from the Commencement Date until
the end of the budget year of Lessee in effect at the Commencement Date.
"Payment Schedule" means, with respect to a Financing Transaction, one or more schedules of lease
payments for the Original Term and all Renewal Terms that indicates the Payment Due Date, the Payment, the
Finance Charge and the Balance Due.
"Property" means, collectively, the Equipment and Financed Items lease/purchased pursuant to this
Agreement, and with respect to each Lease/Purchase Supplement, the Equipment and Financed Items
described in such Lease/Purchase Supplement.
"Purchase Price" means the amount that Lessee may, in its discretion, pay to Lessor to purchase the Property
under a Lease/Purchase Supplement, as provided in Section 11.1 and as set forth in the Lease/Purchase
Supplement.
"Renewal Terms" means the renewal terms of a Financing Transaction, each having a duration of one year and
a term coextensive with Lessee's budget year.
"State" means the state or commonwealth where Lessee is located.
Z126-5741-04(07-10)
IBM Credit LLC
Lease/Purchase Master Agreement
For State and Local Government
"Supplier" means International Business Machines Corporation "IBM", or any other manufacturer, vendor or
provider of the Property leased/purchased by Lessee.
Part 2-Separate Financings
Each Supplement executed and delivered under this Agreement shall be a separate financing,distinct from other
Supplements. Without limiting the foregoing, upon the occurrence of an Event of Default or a Nonappropriation
Event with respect to a Supplement, Lessor shall have the rights and remedies specified herein with respect to
the Property financed and the Lease Payments payable under such Supplement, and except as expressly
provided in Section 12.2 below, Lessor shall have no rights or remedies with respect to Property financed or
Lease Payments payable under any other Supplements unless an Event of Default or Nonappropriation Event
has also occurred under such other Supplements.
Part 3—Lessee's Covenants
As of the Commencement Date for each Supplement executed and delivered hereunder, Lessee shall be
deemed to represent,covenant and warrant for the benefit of Lessor as follows:
(a) Lessee is a public body corporate and politic duly organized and existing under the constitution and
laws of the State with full power and authority to enter into this Agreement and the Supplement and
the transactions contemplated thereby and to perform all of its obligations thereunder. Lessee has
a substantial amount of one or more of the following sovereign powers: (a)the power to tax, (b)the
power of eminent domain,and(c)the police power.
(b) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect
its existence as a body corporate and politic. To the extent Lessee should merge with another
entity under the laws of the State, Lessee agrees that as a condition to such merger it will require
that the remaining or resulting entity shall be assigned Lessee's rights and shall assume Lessee's
obligations hereunder.
(c) Lessee has been duly authorized to execute and deliver this Agreement and the Supplement by
proper action by its governing body, or by other appropriate official approval, and all requirements
have been met and procedures have occurred in order to ensure the validity and enforceability of
this Agreement and the Supplement, and Lessee has complied with such public bidding
requirements as may be applicable to this Agreement and the Supplement and the acquisition by
Lessee of the Property thereunder. On or before the Commencement Date, Lessee shall cause to
be executed an Opinion of Lessee's Counsel in substantially the form attached to the form of the
Supplement as Exhibit 2 and a Lessee's Certificate in substantially the form attached to the form of
the Supplement as Exhibit 3.
(d) During the Lease Term for the Supplement, the Property thereunder will perform and will be used
by Lessee only for the purpose of performing essential governmental uses and public functions
within the permissible scope of Lessee's authority.
(e) Lessee will provide Lessor with current financial statements, budgets and proof of appropriation for
the ensuing budget year and other financial information relating to the ability of Lessee to continue
this Agreement and the Supplement in such form and containing such information as may be
requested by Lessor.
(f) Lessee will comply with all applicable provisions of the Internal Revenue Code of 1986, as
amended (the "Code"), including Sections 103 and 148 thereof, and the regulations of the Treasury
Department thereunder, from time to time proposed or in effect, in order to maintain the
excludability from gross income for federal income tax purposes of the interest component of Lease
Payments under the Supplement and will not use or permit the use of the Property in such a
manner as to cause a Supplement to be a"private activity bond" under Section 141(a)of the Code.
Lessee covenants and agrees that no part of the proceeds of the Supplement shall be invested in
any securities, obligations or other investments except for the temporary period pending such use
nor used, at any time, directly or indirectly, in a manner which, if such use had been reasonably
anticipated on the date of issuance of the Agreement, would have caused any portion of the
Supplement to be or become "arbitrage bonds"within the meaning of Section 103(b)(2) or Section
148 of the Code and the regulations of the Treasury Department thereunder proposed or in effect
at the time of such use and applicable to obligations issued on the date of issuance of the
Supplement.
Z126-5741-04(07-10)
IBM Credit LLC
Lease/Purchase Master Agreement
For State and Local Government
(g) The execution, delivery and performance of this Agreement and the Supplement and compliance
with the provisions hereof and thereof by Lessee does not conflict with, or result in a violation or
breach or constitute a default under, any resolution, bond, agreement, indenture, mortgage, note,
lease of, or other instrument to which Lessee is a party or by which it is bound by any law or any
rule, regulation, order or decree of any court, governmental agency or body having jurisdiction over
Lessee or any of its activities or properties resulting in the creation or imposition of any lien, charge
or other security interest or encumbrance of any nature whatsoever upon any property or assets of
Lessee or to which it is subject.
(h) Lessee's exact legal name is as set forth on the first page of this Agreement. Lessee will not
change its legal name in any respect without giving thirty(30)days'prior notice to Lessor.
Part 4-The Transactions
4.1 Lease of Property. On the Commencement Date of each Financing Transaction executed in the
Supplement hereunder, Lessor will be deemed to demise, lease and let to Lessee, and Lessee will be deemed to
rent, lease and hire from Lessor, the Property described in such Supplement, in accordance with this Agreement
and such Supplement,for the Lease Term set forth in such Supplement.
4.2 Lease Term. The term of each Financing Transaction shall commence on the Commencement Date
set forth in the Certificate of Acceptance and shall terminate upon payment of the final Lease Payment set forth
in such Payment Schedule and the exercise of the Purchase Option described in Section 11.1, unless terminated
sooner pursuant to this Agreement or the Supplement.
4.3 Delivery, Installation and Acceptance of Property. Lessee shall order the Property, shall cause the
Property to be delivered and installed at the locations specified in the applicable Supplement, and shall pay all
taxes, delivery costs and installation costs, if any, in connection therewith. To the extent funds are deposited
under an escrow agreement for the acquisition of the Property, such funds shall be disbursed as provided
therein. When the Property described in such Supplement is delivered, installed and accepted as to Lessee's
specifications, Lessee shall immediately accept the Property and evidence said acceptance by executing and
delivering to Lessor the Acceptance Certificate substantially in the form attached to the Supplement.
4.4 Assignment to Lessor. With respect to Property, Lessee assigns for security purposes to Lessor,
effective upon Lessor signing the Supplement, its right to purchase the Property from its Supplier. Although
Lessor shall have the obligation to pay the Supplier for the Property, not to exceed the principal amount set forth
in the Supplement, title to the Property shall pass directly from Supplier to Lessee subject to Lessor's right under
Section 7.3 hereunder, or unless otherwise provided. All other rights and obligations as defined in the
agreement between Lessee and Lessee's Supplier governing the purchase of the Property ("Purchase
Agreement") shall remain with Lessee. Lessee represents that it has reviewed and approved the Purchase
Agreement. Lessor will not modify or rescind the Purchase Agreement.
4.5 Credit Review. For each Financing Transaction, Lessee consents to a reasonable credit review by
Lessor.
Part 5—Lessor's Rights of Access
5.1 Enjoyment of Property. Lessee shall during the Lease Term peaceably and quietly have, hold and
enjoy the Property, without suit, trouble or hindrance from Lessor, except as expressly set forth in this
Agreement. Neither Lessor nor its successors or assigns shall interfere with such quiet use and enjoyment
during the Lease Term so long as Lessee is not in default under the subject Supplement.
5.2 Location; Inspection. The Property will be initially located or based at the location specified in the
applicable Supplement. Upon reasonable advance request, Lessee agrees to allow Lessor to inspect the
Equipment and its maintenance records during Lessee's normal business hours, subject to Lessee's reasonable
security procedures. Lessee will affix to the Equipment any identifying labels supplied by Lessor indicating
ownership.
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Part 6-Payments
6.1 Lease Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and
intend that the obligation of Lessee to pay Lease Payments hereunder shall constitute a current expense of
Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable
constitutional, statutory or charter limitation or requirement concerning the creation of indebtedness by Lessee,
nor shall anything contained herein constitute a pledge of the faith and credit or taxing power of Lessee. Upon
the appropriation of Lease Payments for a fiscal year, the Lease Payments for said fiscal year, and only the
Lease Payments for said current fiscal year,shall be a binding obligation of Lessee; provided that such obligation
shall not include a pledge of the taxing power of Lessee.
6.2 Payment of Lease Payments. Lessee shall promptly pay Lease Payments under each Supplement,
exclusively from legally available funds, in lawful money of the United States of America, to Lessor in such
amounts and on such dates as described in the applicable Payment Schedule, at Lessor's address set forth as
the "remit to" address in the invoice, unless Lessor instructs Lessee otherwise. Lessee shall pay Lessor a
charge on any delinquent Lease Payments in an amount sufficient to cover all additional costs and expenses
incurred by Lessor from such delinquent Lease Payment. In addition, Lessee shall pay a late charge of five
cents per dollar or the highest amount permitted by applicable law, whichever is lower, on all delinquent Lease
Payments and interest on said delinquent amounts from the date such amounts were due until paid at the rate of
12%per annum or the maximum amount permitted by law,whichever is less.
6.3 Interest Component. A portion of each Lease Payment due under each Supplement is paid as, and
represents payment of, interest, and each Supplement hereunder shall set forth the interest component (or
method of computation thereof)of each Lease Payment thereunder during the Lease Term.
6.4 Lease Payments to be Unconditional. SUBJECT TO SECTION 6.6, THE OBLIGATIONS OF
LESSEE TO PAY THE LEASE PAYMENTS DUE UNDER THE SUPPLEMENTS AND TO PERFORM AND
OBSERVE THE OTHER COVENANTS AND AGREEMENTS CONTAINED HEREIN SHALL BE ABSOLUTE
AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR
DEFENSE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION, ANY DEFECTS, MALFUNCTIONS,
BREAKDOWNS OR INFIRMITIES IN THE PROPERTY OR ANY ACCIDENT, CONDEMNATION OR
UNFORESEEN CIRCUMSTANCES. THIS PROVISION SHALL NOT LIMIT LESSEE'S RIGHTS OR ACTIONS
AGAINST ANY SUPPLIER AS PROVIDED IN SECTION 10.2.
6.5 Continuation of Lease by Lessee. Lessee intends to continue all Supplements entered into pursuant
to this Agreement and to pay the Lease Payments thereunder. Lessee reasonably believes that legally available
funds in an amount sufficient to make all Lease Payments during the term of all Supplements can be obtained.
Lessee agrees that during the budgeting process for each budget year its staff will provide to the governing body
of Lessee notification of any Lease Payments due under the Supplements during the following budget year.
6.6 Nonappropriation. If, during the then current Original Term or Renewal Term, sufficient funds are not
appropriated to make Lease Payments required under a Supplement for the following fiscal year, Lessee shall be
deemed to not have renewed such Supplement for the following fiscal year and the Supplement shall terminate
at the end of the then current Original Term or Renewal Term and Lessee shall not be obligated to make Lease
Payments under said Supplement beyond the then current fiscal year for which funds have been appropriated.
Upon the occurrence of such nonappropriation (a "Nonappropriation Event") Lessee shall, no later than the end
of the fiscal year for which Lease Payments have been appropriated, deliver possession of the Property under
said Supplement to Lessor. If Lessee fails to deliver possession of the Property to Lessor upon termination of
said Supplement by reason of a Nonappropriation Event, the termination shall nevertheless be effective but
Lessee shall be responsible for the payment of damages in an amount equal to the portion of Lease Payments
thereafter coming due that is attributable to the number of days after the termination during which the Lessee
fails to deliver possession and for any other loss suffered by Lessor as a result of Lessee's failure to deliver
possession as required. In the event of a Nonappropriation Event under a Supplement, Lessee shall cease use
of all software financed or acquired under the applicable Supplement and shall confirm and state in writing to
Lessor that it has: (1)deleted or disabled all files and copies of the software from the equipment on which it was
installed; (2) returned all software documentation, training manuals, and physical media on which the software
was delivered; and (3) has no ability to use the returned software. Lessor may, by written instructions to any
escrow agent who is holding proceeds of the Supplement, instruct such escrow agent to release all such
proceeds and any earnings thereon to Lessor, such sums to be credited to Lessee's obligations under the
Supplement and this Agreement. Lessee shall notify Lessor in writing within seven (7) days after the failure of
the Lessee to appropriate funds sufficient for the payment of the Lease Payments, but failure to provide such
notice shall not operate to extend the Lease Term or result in any liability to Lessee. In the event of such
nonappropriation, upon request from Lessor, Lessee agrees to provide in a timely manner, written evidence of
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such nonappropriation, a copy of the fiscal year budget in which such nonappropriation occurred and any other
related documentation reasonably requested by Lessor.
Part 7—Title; Security Interest
7.1 Title to the Property. Upon acceptance of the Equipment by Lessee and unless otherwise required by
the laws of the State, title to the Equipment shall vest directly in Lessee from the Supplier, subject to Lessor's
interests under the applicable Supplement and this Agreement. Software that the Lessee acquires from the
Supplier and finances with Lessor remains the property of the licensor. Ownership of the software is governed
by the license agreement between the licensor and the Lessee and is not affected by this Agreement.
7.2 Personal Property. The Equipment is and will remain personal property and will not be deemed to be
affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part
thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building
thereon. If requested by Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the
Equipment from any party having an interest in any such real estate or building.
7.3 Security Interest. To the extent permitted by law and to secure the performance of all of Lessee's
obligations under this Agreement with respect to a Supplement, including without limitation all Supplements now
existing or hereafter executed, Lessee grants to Lessor,for the benefit of Lessor and its successors and assigns,
a security interest constituting a first lien on Lessee's interest in all of the Equipment under the Supplement,
whether now owned or hereafter acquired, all additions, attachments, alterations and accessions to the
Equipment, all substitutions and replacements for the Equipment, and on any proceeds of any of the foregoing,
including insurance proceeds. Lessee shall execute any additional documents, including financing statements,
affidavits, notices and similar instruments, in form and substance satisfactory to Lessor, that Lessor deems
necessary or appropriate to establish, maintain and perfect a security interest in the Equipment in favor of Lessor
and its successors and assigns. Lessee hereby authorizes Lessor to file all financing statements that Lessor
deems necessary or appropriate to establish, maintain and perfect such security interest.
Part 8—Maintenance and Ancillary Charges
8.1 Maintenance of Equipment by Lessee. Lessee shall keep and maintain the Equipment in good
condition and working order and in compliance with the manufacturer's specifications, shall use, operate and
maintain the Equipment in conformity with all laws and regulations concerning the Equipment's ownership,
possession, use and maintenance, and shall keep the Equipment free and clear of all liens and claims, other
than those created by this Agreement. Lessee shall have sole responsibility to maintain and repair the
Equipment. Should Lessee fail to maintain, preserve and keep the Equipment in good repair and working order
and in accordance with manufacturer's specifications, and if requested by Lessor, Lessee will enter into
maintenance contracts for the Equipment in form approved by Lessor and with approved providers.
8.2 Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Property
free of all levies, liens and encumbrances, except for the interest of Lessor under this Agreement. The parties to
this Agreement contemplate that the Property will be used for a governmental or proprietary purpose of Lessee
and,therefore,that the Property will be exempt from all property taxes. The Lease Payments payable by Lessee
under this Agreement and the Supplements hereunder have been established to reflect the savings resulting
from this exemption from taxation. Lessee will take such actions necessary under applicable law to obtain said
exemption. Nevertheless, if the use, possession or acquisition of the Property is determined to be subject to
taxation or later becomes subject to such taxes, Lessee shall pay when due all taxes and governmental charges
lawfully assessed or levied against or with respect to the Property. Lessee shall pay all gas, water, steam,
electricity, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use,
occupancy and upkeep of the Property. Lessee shall pay such taxes or charges as the same may become due;
provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of
years, Lessee shall be obligated to pay only such installments as accrue during the then current fiscal year of the
Lease Term for such Property.
8.3 Insurance. At its own expense, Lessee shall maintain (a) casualty insurance insuring the Property
against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then
in use in the State and any other risks reasonably required by Lessor in an amount equal to at least the
outstanding principal component of Lease Payments, and (b) liability insurance that protects Lessor from liability
in all events in an amount reasonably acceptable to Lessor, and (c) worker's compensation insurance covering
all employees working on, in, near or about the Property; provided that Lessee may self-insure against all such
risks. All insurance proceeds from casualty losses shall be payable as hereinafter provided in this Agreement.
All such insurance shall be with insurers that are authorized to issue such insurance in the State. All such
liability insurance shall name Lessor as an additional insured. All such casualty insurance shall contain a
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provision making any losses payable to Lessor and Lessee as their respective interests may appear. All such
insurance shall contain a provision to the effect that such insurance shall not be canceled or modified without first
giving written notice thereof to Lessor and Lessee at least thirty (30) days in advance of such cancellation or
modification. Such changes shall not become effective without Lessor's prior written consent. Upon Lessor's
request, Lessee shall, within thirty(30)days of such request,furnish to Lessor,for each Supplement, certificates
evidencing such coverage, or, if Lessee self-insures, a written description of its self-insurance program together
with a certification from Lessee's risk manager or insurance agent or consultant to the effect that Lessee's self-
insurance program provides adequate coverage against the risks listed above.
8.4 Advances. In the event Lessee shall fail to either maintain the insurance required by this Agreement or
keep the Property in good repair and working order, Lessor may, but shall be under no obligation to, purchase
the required insurance and pay the cost of the premiums thereof or maintain and repair the Property and pay the
cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the Lease Term for the
Supplement for which the Property is under and shall be due and payable on the next Lease Payment Date and
Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the date
such amounts are advanced until paid at the rate of 12% per annum or the maximum amount permitted by law,
whichever is less.
Part 9—Casualty Loss
9.1 Damage or Destruction. If(a)the Property under a Supplement or any portion thereof is destroyed, in
whole or in part, or is damaged by fire or other casualty, or (b) title to, or the temporary use of, the Property
under a Supplement or any part thereof shall be taken under the exercise or threat of the power of eminent
domain by any governmental body or by any person, firm or corporation acting pursuant to governmental
authority, Lessor and Lessee will cause the Net Proceeds (as hereinafter defined) of any insurance claim,
condemnation award or sale under threat of condemnation to be applied to the prompt repair, restoration,
modification or improvement of the Property, unless Lessee shall have exercised its option to purchase Lessor's
interest in the Property if the Supplement so provides. Any balance of the Net Proceeds remaining after such
work has been completed shall be paid to Lessee and applied to the next Lease Payments coming due on the
Supplement. For purposes of Section 8.3 and this Part 9, the term "Net Proceeds" shall mean the amount
remaining from the gross proceeds of any insurance claim, condemnation award or sale under threat of
condemnation after deducting all expenses, including attorneys'fees, incurred in the collection thereof.
9.2 Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair,
restoration, modification or improvement referred to in Section 9.1, Lessee shall (a) complete such repair,
restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds
and, if Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any
reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under
Section 6.2; or (b) exercise its option to purchase Lessor's interest in the Property pursuant to the optional
purchase provisions of the Supplement, if any. The amount of the Net Proceeds, if any, remaining after
completing such repair, restoration, modification or improvement or after such purchase may be retained by
Lessee.
Part 10—Warranties; Use of Equipment and/or Financed Items
10.1 Disclaimer of Warranties. LESSOR MAKES NO (AND SHALL NOT BE DEEMED TO HAVE MADE
ANY)WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THE DESIGN, OPERATION OR CONDITION OF, OR THE QUALITY OF THE MATERIAL,
EQUIPMENT OR WORKMANSHIP IN,THE PROPERTY, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY
PARTICULAR PURPOSE, THE STATE OF TITLE THERETO OR ANY COMPONENT THEREOF, THE
ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AND LESSOR
HEREBY DISCLAIMS THE SAME; IT BEING UNDERSTOOD THAT THE PROPERTY IS LEASED TO LESSEE
"AS IS" ON THE DATE OF THIS AGREEMENT OR THE DATE OF DELIVERY, WHICHEVER IS LATER, AND
ALL SUCH RISKS, IF ANY, ARE TO BE BORNE BY LESSEE. Lessee acknowledges that it has made (or will
make) the selection of the Property from the Supplier based on its own judgment and expressly disclaims any
reliance upon any statements or representations made by Lessor. Lessee understands and agrees that (a)
neither the Supplier nor any sales representative or other agent of Supplier, is (i) an agent of Lessor, or (ii)
authorized to make or alter any term or condition of this Agreement, and (b) no such waiver or alteration shall
vary the terms of this Agreement unless expressly set forth herein. In no event shall Lessor be liable for any
incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, the
Supplements, or the existence, furnishing, functioning or use of any item, product or service provided for in this
Agreement or the Supplements.
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10.2 Supplier's Warranties. Lessor hereby irrevocably assigns to Lessee all rights that Lessor may have to
assert from time to time whatever claims and rights (including without limitation warranties) related to the
Property against the Supplier. Lessee's sole remedy for the breach of such warranty, indemnification or
representation shall be against the Supplier of the Property, and not against Lessor, nor shall such matter have
any effect whatsoever on the rights and obligations of Lessor with respect to this Agreement, including the right
to receive full and timely payments hereunder. Lessee expressly acknowledges that Lessor makes, and has
made, no representations or warranties whatsoever as to the existence or the availability of such warranties of
the Supplier of the Property.
10.3 Use of the Property. Lessee will not install, use, operate or maintain the Property improperly,
carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement and
the applicable Supplement. Lessee shall provide all permits and licenses, if any, necessary for the installation
and operation of the Property. In addition, Lessee agrees to comply in all respects with all laws of the jurisdiction
in which its operations involving any item of Property may extend and any legislative, executive, administrative or
judicial body exercising any power or jurisdiction over the items of the Property (including compliance with any
applicable privacy laws, rules or regulations and in conjunction therewith Lessee, upon cessation of the use,
operation and control of, and prior to any disposition of the Equipment, shall destroy any data contained thereon
that would be subject to such privacy laws, rules or regulations); provided that Lessee may contest in good faith
the validity or application of any such law or rule in any reasonable manner that does not, in the opinion of
Lessor, adversely affect the interest of Lessor in and to the Property or its interest or rights under this
Agreement. Lessee shall promptly notify Lessor in writing of any pending or threatened investigation, inquiry,
claim or action by any governmental authority which could adversely affect this Agreement, any Supplement or
the Property thereunder.
10.4 Modifications. Subject to the provisions of this Section, Lessee shall have the right, at its own
expense, to make alterations, additions, modifications or improvements to the Equipment. All such alterations,
additions, modifications and improvements shall thereafter comprise part of the Equipment and shall be subject
to the provisions of this Agreement. Such alterations, additions, modifications and improvements shall not in any
way damage the Equipment, substantially alter its nature or cause it to be used for purposes other than those
authorized under the provisions of state and federal law; and the Equipment, on completion of any alterations,
additions, modifications or improvements made pursuant to this Section, shall be of a value which is equal to or
greater than the value of the Equipment immediately prior to the making of such alterations, additions,
modifications and improvements. Lessee shall, at its own expense, make such alterations, additions,
modifications and improvements to the Equipment as may be required from time to time by applicable law or by
any governmental authority.
Part 11 —Prepayments
11.1 Deemed Purchase. Lessee shall be deemed to have purchased Lessor's entire interest in all of the
Equipment subject to a Supplement and to have terminated any restrictions herein on the Property under such
Supplement on the last day of the Lease Term for a Supplement, if the Supplement is still in effect on such day,
upon payment in full of the Lease Payments due thereunder. Upon the deemed purchase as set forth in this
Section 11.1 or payment of the purchase price pursuant to Section 11.2 hereof, under the applicable
Supplement, and performance by Lessee of all other terms, conditions and provisions hereof, Lessor shall
deliver to Lessee all such documents and instruments as Lessee may reasonably require to evidence the
transfer, without warranty by or recourse to Lessor, of all of Lessor's right, title and interest in and to the
Equipment subject to such Supplement to Lessee.
11.2 Option to Prepay. Lessee shall have the option to prepay (a) in whole, but not in part, the Lease
Payments due under a Supplement on any Lease Payment Date, at the Prepayment Price set forth in the Lease
Payment Schedule as the "Prepayment Price", or(b) in part, by requesting, in writing, the Prepayment Price for
the portion of the remaining Lease Receivables allocable to the Property being prepaid plus any past due
amounts, accrued interest to the date of such prepayment and any other monetary amounts due under the
Supplement to Lessor. The Prepayment Price shall be an amount equal to the present value of the portion of the
remaining Lease Payments allocable to the Property being prepaid multiplied by the Prepayment Fee Rate set
forth in such Payment Schedule as the "Prepayment Fee Rate". Upon payment of the Prepayment Price and
such other amounts due Lessor, Lessee shall be deemed to have purchased Lessor's entire interest in all
Property being prepaid, and to have terminated any restrictions herein on the Property prepaid.
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Part 12—Assignment; Risk of Loss
12.1 Assignment by Lessor. Lessor's right, title and interest in, to and under each Supplement and the
Property under such Supplement may be assigned and reassigned in whole or in part to one or more assignees
or subassignees by Lessor without the consent of Lessee; provided that any assignment shall not be effective
against the Lessee until Lessee has received written notice, signed by the assignor, of the name, address and
tax identification number of the assignee. Lessee shall retain all such notices as a register of all assignees and
shall make all payments to the assignee or assignees designated in such register. Lessee agrees to execute all
documents, including notices of assignment and chattel mortgages or financing statements that may be
reasonably requested by Lessor or any assignee to protect its interests in this Agreement and the Supplements.
12.2 Supplements Separate Financings. Assignees of the Lessor's rights in one Supplement shall have
no rights in any other Supplement unless such rights have been separately assigned.
12.3 Assignment and Subleasing by Lessee. NONE OF LESSEE'S RIGHT, TITLE AND INTEREST IN,
TO AND UNDER THIS AGREEMENT OR ANY SUPPLEMENT AND IN THE PROPERTY MAY BE ASSIGNED,
SUBLEASED OR ENCUMBERED BY LESSEE FOR ANY REASON, WITHOUT THE PRIOR WRITTEN
CONSENT OF LESSOR. Any request by Lessee to assign a Supplement or any Property thereunder must be
accompanied by an opinion of tax counsel satisfactory to Lessor that the assignment will cause no material
change to the federal income tax treatment of the amounts payable as interest under the Supplement.
12.4 Risk of Loss Covenants. Lessee shall not be required to indemnify or hold Lessor harmless against
liabilities arising from the Agreement. However, as between Lessor and Lessee, and to the extent permitted by
law, Lessee shall bear the risk of loss for, shall pay directly, and shall defend Lessor against any and all claims,
liabilities, proceedings, actions, expenses, damages or losses arising under or related to the Property, including,
but not limited to, the possession, ownership, lease, use or operation thereof, except that(provided that Lessee
has complied with its obligations under Section 10.3) Lessee shall not bear the risk of loss of, nor pay for, any
claims, liabilities, proceedings, actions, expenses, damages or losses that arise directly from events occurring
after Lessee has surrendered possession of the Property in accordance with the terms of the Agreement to
Lessor or that arise directly from the gross negligence or willful misconduct of the Lessor.
Part 13—Defaults and Remedies
13.1 Events of Default Defined. Any of the following shall constitute an "Event of Default" under a
Supplement:
(a) Failure by Lessee to pay any Lease Payment under the Supplement or other payment required to
be paid with respect thereto at the time specified therein;
(b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be
observed or performed with respect to the Supplement, other than as referred to in subparagraph
(a)above, for a period of thirty (30)days after written notice specifying such failure and requesting
that it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an
extension of such time prior to its expiration; provided that, if the failure stated in the notice cannot
be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an
extension of such time if corrective action is instituted by Lessee within the applicable period and
diligently pursued until the default is corrected;
(c) Any statement, representation or warranty made by Lessee in or pursuant to the Supplement or its
execution, delivery or performance shall prove to have been false, incorrect, misleading or
breached in any material respect on the date when made;
(d) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or
liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or
admit in writing its inability generally to pay its debts as they become due, (iii) make a general
assignment for the benefit of creditors, (iv) have an order for relief entered against it under
applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an
answer seeking reorganization or an arrangement with creditors or taking advantage of any
insolvency law or any answer admitting the material allegations of a petition filed against Lessee in
any bankruptcy, reorganization or insolvency proceeding;or
(e) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a
petition or appointing a receiver, trustee, custodian or liquidator of Lessee or of all or a substantial
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part of the assets of Lessee, in each case without its application, approval or consent, and such
order, judgment or decree shall continue unstayed and in effect for any period of 60 consecutive
days.
The foregoing provisions of Section 13.1 are subject to the following limitation: if by reason of force
maieure Lessee is unable in whole or in part to perform its agreements under this Agreement and the
Supplement(other than the obligations on the part of Lessee contained in Part 6 hereof) Lessee shall not be in
default during the continuance of such inability. The term "force maieure" as used herein shall mean the
following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or
restraints of any kind of the government of the United States or of the State or any of their departments,agencies
or officials, or any civil or military authority; insurrections, riots, landslides, earthquakes, fires, storms, droughts,
floods, explosions, breakage or accident to machinery, transmission pipes or canals; or any other cause or event
not reasonably within the control of Lessee.
A Nonappropriation Event is not an Event of Default.
13.2 Remedies on Default. Whenever any Event of Default exists with respect to a Supplement, Lessor
shall have the right, at its sole option without any further demand or notice,to take one or any combination of the
following remedial steps:
(a) Without terminating the Supplement, and by written notice to Lessee, Lessor may declare all Lease
Payments and other amounts payable by Lessee thereunder to the end of the then current budget
year of Lessee to be due, including without limitation delinquent Lease Payments under the
Supplement from prior budget years, and such amounts shall thereafter bear interest at the rate of
12%per annum or the maximum rate permitted by applicable law,whichever is less;
(b) Lessor may terminate the Supplement, may enter the premises where the Property subject to the
Supplement is located and retake possession of the Equipment and require Lessee to discontinue
use of any Financed Items, or require Lessee, at Lessee's expense, to promptly return any or all of
the Equipment to the possession of Lessor at such place within the United States as Lessor shall
specify and require Lessee to discontinue use of any Financed Items, and Lessor may thereafter
dispose of the Property in accordance with Article 9 of the Uniform Commercial Code in effect in
the State; provided, however, that any proceeds from the disposition of the property in excess of
the sum required to(i)pay off any outstanding principal component of Lease Payments, (ii)pay any
other amounts then due under the Supplement, and (iii) pay Lessor's costs and expenses
associated with the disposition of the Property(including attorneys fees), shall be paid to Lessee or
such other creditor of Lessee as may be entitled thereto, and further provided that no deficiency
shall be allowed against Lessee. Lessee shall confirm and state in writing to Lessor that it has: (1)
deleted or disabled all files and copies of the software from the equipment on which it was installed;
(2) returned all software documentation, training manuals, and physical media on which the
software was delivered;and(3)has no ability to use the returned software;
(c) By written notice to any escrow agent who is holding proceeds of the Supplement, Lessor may
instruct such escrow agent to release all such proceeds and any earnings thereon to Lessor, such
sums to be credited to payment of Lessee's obligations under the Supplement;
(d) Lessor may take any action, at law or in equity, that is permitted by applicable law and that may
appear necessary or desirable to enforce or to protect any of its rights under the Supplement and
this Agreement.
13.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be
exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under
this Lease now or hereafter existing at law or in equity. No delay or omission to exercise any right or power
accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but
any such right or power may be exercised from time to time and as often as may be deemed expedient. In order
to entitle Lessor to exercise any remedy reserved to it in this Part it shall not be necessary to give any notice,
other than such notice as may be required in this Part.
13.4 Costs and Attorney Fees. Upon the occurrence of an Event of Default by Lessee in the performance
of any term of this Agreement, Lessee agrees to pay to Lessor or reimburse Lessor for, in addition to all other
amounts due hereunder, all of Lessor's costs of collection, including reasonable attorney fees,whether or not suit
or action is filed thereon. Any such costs shall be immediately due and payable upon written notice and demand
given to Lessee, shall be secured by this Agreement until paid and shall bear interest at the rate of 12% per
annum or the maximum amount permitted by law, whichever is less. In the event suit or action is instituted to
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enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party
such sum as the court may adjudge reasonable as attorneys'fees at trial or on appeal of such suit or action or in
any bankruptcy proceeding, in addition to all other sums provided by law.
Part 14—General
14.1 Notices. All notices, certificates or other communications hereunder shall be sufficiently given and
shall be deemed given when delivered or mailed by certified mail, postage prepaid, to the parties hereto at the
addresses immediately after the signatures to this Agreement (or at such other address as either party hereto
shall designate in writing to the other for notices to such party), to any assignee at its address as it appears on
the registration books maintained by Lessee.
14.2 Arbitrage Certifications. Lessee shall be deemed to make the following representations and
covenants as of the Commencement Date for each Supplement:
(a) The estimated total costs, including taxes, freight, installation, cost of issuance, of the Financed
Items under the Supplement will not be less than the total principal amount of the Lease Payments.
(b) Lessee has not created or established,and does not expect to create or establish, any sinking fund
or other similar fund (i) that is reasonably expected to be used to pay the Lease Payments under
the Supplement, or (ii) that may be used solely to prevent a default in the payment of the Lease
Payments under the Supplement.
(c) The Property under the Supplement has not been and is not expected to be sold or otherwise
disposed of by Lessee, either in whole or in major part, prior to the last maturity of the Lease
Payments under the Supplement.
(d) There are no other obligations of Lessee which (i) are being sold within 15 days of the
Commencement Date of the Supplement; (ii)are being sold pursuant to the same plan of financing
as the Supplement;and(iii)are expected to be paid from substantially the same source of funds.
(e) The officer or official who has executed the Supplement on Lessee's behalf is familiar with Lessee's
expectations regarding this Section 14.2. To the best of Lessee's knowledge, information and
belief, the facts and estimates set forth in herein are accurate and the expectations of Lessee set
forth herein are reasonable.
14.3 Further Assurances. Lessee agrees to execute such other and further documents, including, without
limitation, confirmatory financing statements, continuation statements, certificates of title and the like, and to take
all such action as may be necessary or appropriate, from time to time, in the reasonable opinion of Lessor, to
perfect, confirm, establish, reestablish, continue, or complete the interests of Lessor in this Agreement and the
Supplements, to consummate the transactions contemplated hereby and thereby, and to carry out the purposes
and intentions of this Agreement and the Supplements.
14.4 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessor and
Lessee and their respective successors and assigns.
14.5 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any
court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision
hereof.
14.6 Waiver of Jury Trials. Lessee and Lessor hereby irrevocably waive all right to trial by jury in any
action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this
Agreement or the actions of Lessor or Lessee in the negotiation, administration, performance or enforcement
hereof.
14.7 Amendments, Changes and Modifications. This Agreement may be amended in writing by Lessor
and Lessee to the extent the amendment or modification does not apply to outstanding Supplements at the time
of such amendment or modification
14.8 Execution in Counterparts. This Agreement and the Supplements hereunder may be simultaneously
executed in several counterparts, each of which shall be an original and all of which shall constitute but one and
the same instrument.
Z126-5741-04(07-10)
IBM Credit LLC
Lease/Purchase Master Agreement
For State and Local Government
14.9 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of
the State.
14.10 Captions. The captions or headings in this Agreement are for convenience only and in no way define,
limit or describe the scope or intent of any provisions or sections of this Agreement.
Z126-5741-04(07-10)
IBM CREDIT LLC INSTALLMENT PAYMENT MASTER AGREEMENT PLANNING
RATES
January 17,2012
CITY OF WYLIE
114 N BALLARD ST
WYLIE,TX 75098-4467
--RATES ARE FOR PLANNING PURPOSES ONLY AND ARE SUBJECT TO CHANGE--
FINANCING RATES AND CHARGES
NEW FINANCING:
Q M 0 Net Total Int.
t o p Install Amount Tax Amount Rate
Mach Mod y s t Month ST Financed % Financed % Down Payment
DEALER/REMARKETER SOURCED HARDWARE
PANN 3W1 1 60 IG 02/12 TX 94,507 0.00 94,507 2.98 0.0(
Interest Rate Based on Annual Payments: 3.02%
PANN 3W1 1 60 IG 02/12 TX 6,738 0.00 6,738 2.98 0.0(
Interest Rate Based on Annual Payments: 3.02%
NON-IBM PRODUCTS AND SERVICES:
999E 006 1 60 T' 02/12 TX 17,692 0.00 17,692 3.20 0.0(
Interest Rate Based on Annual Payments: 3.25%
9994 001 1 60 T' 02/12 TX 448 0.00 448 3.20 0.0(
Interest Rate Based on Annual Payments: 3.25%
* FINANCING OPTIONS:
- Option IG is for financing Hardware for State & Local Government.
- Option T' is for financing one-time non-IBM Charges for State and Local
customers.
FINANCING ASSUMPTIONS:
1. There are no Loan Origination Fees reflected in these Planning Rates.
2. Net Amount Financed = Quantity x Unit Net Price of Machine
3. Total Amount Financed = (Net Amount Financed x Tax %) + Net Amount Financed
4. The Interest Rate Percent(s)shown above and denoted by(*)are based on a monthly payment frequency.
5. Payments are monthly in arrears. Partial months (if any)will be pro-rated.
6. Tax financing has been requested and is included in the Total Amount Financed.
7. Financing Rates and monthly Payment Amounts are based on your National Account, Line of Finance status,
or your request for an initial Line of Financing.
8. The conditions reflect credit request number DUMMY3:
IBM CREDIT LLC-INSTALLMENT PAYMENT PLANNING RATES
Filename: CTYWYLIE8 Ref#Q03179379-01 Customer#9897995
IBM CREDIT LLC INSTALLMENT PAYMENT MASTER AGREEMENT PLANNING RATES
January 17,2012
CITY OF WYLIE
--RATES ARE FOR PLANNING PURPOSES ONLY AND ARE SUBJECT TO CHANGE--
9. Autoquote edit exception. Please obtain approval
THE ABOVE RATES AND PAYMENT AMOUNTS ARE ESTIMATES ONLY AND ARE SUBJECT TO CHANGE.
RATES ARE CONTINGENT UPON CREDIT APPROVAL AND MAY VARY FOR DIFFERENT AMOUNTS
FINANCED AND/OR DURATION OF FINANCING. ACTUAL RATES MAY BE REQUESTED FROM YOUR IBM
MARKETING REPRESENTATIVE.
Thank you for considering IBM Credit LLC financing.
IBM CREDIT LLC-INSTALLMENT PAYMENT PLANNING RATES
Filename: CTYWYLIE8 Ref#Q03179379-01 Customer#9897995
IBM CREDIT LLC
IPMA PAYMENT SCHEDULE
Customer Name: CITY OF WYLIE
Reference Number: Q03 1 793 79-0 1
Date: 2012-01-17
Mach/Model: PANN/3W1 Net Purchase Price: 94,507.00
Term: 60 Payment Frequency: monthly
Install Month: 02/12 Option: IG
monthly Rate: 2.98% Interest Commencement Date: 03/01/2012
PAYMENT START DATE: 03/01/2012
Payment Schedule calculations are based on the Planned Install Date, the Interest
Commencement Date and reflect any downpayments. Payments and charges
resulting from loan prepayment prior to the stated end of term, will be based on the
actual Install Date and Interest Commencement Date.
Payment Due Fin. Charge
Payment Principal Balance
94,507.00
APR 01, 2012 20,092.70 234.69 19,858.01 74,648.99
MAY 01, 2012 0.00 0.00 -185.38 74,834.37
JUN 01, 2012 0.00 0.00 -185.84 75,020.21
JUL 01, 2012 0.00 0.00 -186.30 75,206.51
AUG 01, 2012 0.00 0.00 -186.76 75,393.27
SEP 01, 2012 0.00 0.00 -187.23 75,580.50
OCT 01, 2012 0.00 0.00 -187.69 75,768.19
NOV 01, 2012 0.00 0.00 -188.16 75,956.35
DEC 01, 2012 0.00 0.00 -188.62 76,144.97
JAN 01, 2013 0.00 0.00 -189.09 76,334.06
FEB 01, 2013 0.00 0.00 -189.56 76,523.62
MAR 01, 2013 0.00 0.00 -190.03 76,713.65
APR 01, 2013 20,092.70 190.51 19,902.19 56,811.46
MAY 01, 2013 0.00 0.00 -141.08 56,952.54
JUN 01, 2013 0.00 0.00 -141.43 57,093.97
JUL 01, 2013 0.00 0.00 -141.78 57,235.75
AUG 01, 2013 0.00 0.00 -142.14 57,377.89
SEP 01, 2013 0.00 0.00 -142.49 57,520.38
OCT 01, 2013 0.00 0.00 -142.84 57,663.22
NOV 01, 2013 0.00 0.00 -143.20 57,806.42
DEC 01, 2013 0.00 0.00 -143.55 57,949.97
JAN 01, 2014 0.00 0.00 -143.91 58,093.88
FEB 01, 2014 0.00 0.00 -144.27 58,238.15
MAR 01, 2014 0.00 0.00 -144.62 58,382.77
APR 01, 2014 20,092.70 144.98 19,947.72 38,435.05
MAY 01, 2014 0.00 0.00 -95.45 38,530.50
JUN 01, 2014 0.00 0.00 -95.68 38,626.18
JUL 01, 2014 0.00 0.00 -95.92 38,722.10
AUG 01, 2014 0.00 0.00 -96.16 38,818.26
SEP 01, 2014 0.00 0.00 -96.40 38,914.66
OCT 01, 2014 0.00 0.00 -96.64 39,011.30
NOV 01, 2014 0.00 0.00 -96.88 39,108.18
DEC 01, 2014 0.00 0.00 -97.12 39,205.30
JAN 01, 2015 0.00 0.00 -97.36 39,302.66
FEB 01, 2015 0.00 0.00 -97.60 39,400.26
MAR 01, 2015 0.00 0.00 -97.84 39,498.10
APR 01, 2015 20,092.70 98.09 19,994.61 19,503.49
MAY 01, 2015 0.00 0.00 -48.43 19,551.92
JUN 01, 2015 0.00 0.00 -48.55 19,600.47
JUL 01, 2015 0.00 0.00 -48.67 19,649.14
AUG 01, 2015 0.00 0.00 -48.80 19,697.94
SEP 01, 2015 0.00 0.00 -48.92 19,746.86
OCT 01, 2015 0.00 0.00 -49.04 19,795.90
NOV 01, 2015 0.00 0.00 -49.16 19,845.06
DEC 01, 2015 0.00 0.00 -49.28 19,894.34
JAN 01, 2016 0.00 0.00 -49.40 19,943.74
FEB 01, 2016 0.00 0.00 -49.53 19,993.27
MAR 01, 2016 0.00 0.00 -49.65 20,042.92
APR 01, 2016 20,092.70 49.78 20,042.92 0.00
MAY 01, 2016 0.00 0.00 0.00 0.00
JUN 01, 2016 0.00 0.00 0.00 0.00
JUL 01, 2016 0.00 0.00 0.00 0.00
AUG 01, 2016 0.00 0.00 0.00 0.00
SEP 01, 2016 0.00 0.00 0.00 0.00
OCT 01, 2016 0.00 0.00 0.00 0.00
PAGE of 2
IBM CREDIT LLC
IPMA PAYMENT SCHEDULE
Customer Name: CITY OF WYLIE
Reference Number: Q03179379-01
Date: 2012-01-17
Payment Due Fin. Charge
Payment Principal Balance
NOV 01, 2016 0.00 0.00 0.00 0.00
DEC 01, 2016 0.00 0.00 0.00 0.00
JAN 01, 2017 0.00 0.00 0.00 0.00
FEB 01, 2017 0.00 0.00 0.00 0.00
MAR 01, 2017 0.00 0.00 0.00 0.00
Total 100,463.50 5,956.50 94,507.00
PAGE of 2
IBM CREDIT LLC
IPMA PAYMENT SCHEDULE
Customer Name: CITY OF WYLIE
Reference Number: Q03179379-01
Date: 2012-01-17
Mach/Model: PANN/3W1 Net Purchase Price: 6,738.00
Term: 60 Payment Frequency: monthly
Install Month: 02/12 Option: IG
monthly Rate: 2.98% Interest Commencement Date: 03/01/2012
PAYMENT START DATE: 03/01/2012
Payment Schedule calculations are based on the Planned Install Date, the
Interest Commencement Date and reflect any downpayments. Payments and charges
resulting from loan prepayment prior to the stated end of term, will be based
on the actual Install Date and Interest Commencement Date.
Payment Due Fin. Charge
Payment Principal Balance
6,738.00
APR 01, 2012 1,432.54 16.73 1,415.81 5,322.19
MAY 01, 2012 0.00 0.00 -13.22 5,335.41
JUN 01, 2012 0.00 0.00 -13.25 5,348.66
JUL 01, 2012 0.00 0.00 -13.28 5,361.94
AUG 01, 2012 0.00 0.00 -13.32 5,375.26
SEP 01, 2012 0.00 0.00 -13.35 5,388.61
OCT 01, 2012 0.00 0.00 -13.38 5,401.99
NOV 01, 2012 0.00 0.00 -13.42 5,415.41
DEC 01, 2012 0.00 0.00 -13.45 5,428.86
JAN 01, 2013 0.00 0.00 -13.48 5,442.34
FEB 01, 2013 0.00 0.00 -13.52 5,455.86
MAR 01, 2013 0.00 0.00 -13.55 5,469.41
APR 01, 2013 1,432.54 13.58 1,418.96 4,050.45
MAY 01, 2013 0.00 0.00 -10.06 4,060.51
JUN 01, 2013 0.00 0.00 -10.08 4,070.59
JUL 01, 2013 0.00 0.00 -10.11 4,080.70
AUG 01, 2013 0.00 0.00 -10.13 4,090.83
SEP 01, 2013 0.00 0.00 -10.16 4,100.99
OCT 01, 2013 0.00 0.00 -10.18 4,111.17
NOV 01, 2013 0.00 0.00 -10.21 4,121.38
DEC 01, 2013 0.00 0.00 -10.24 4,131.62
JAN 01, 2014 0.00 0.00 -10.26 4,141.88
FEB 01, 2014 0.00 0.00 -10.29 4,152.17
MAR 01, 2014 0.00 0.00 -10.31 4,162.48
APR 01, 2014 1,432.54 10.34 1,422.20 2,740.28
MAY 01, 2014 0.00 0.00 -6.81 2,747.09
JUN 01, 2014 0.00 0.00 -6.82 2,753.91
JUL 01, 2014 0.00 0.00 -6.84 2,760.75
AUG 01, 2014 0.00 0.00 -6.86 2,767.61
SEP 01, 2014 0.00 0.00 -6.87 2,774.48
OCT 01, 2014 0.00 0.00 -6.89 2,781.37
NOV 01, 2014 0.00 0.00 -6.91 2,788.28
DEC 01, 2014 0.00 0.00 -6.92 2,795.20
JAN 01, 2015 0.00 0.00 -6.94 2,802.14
FEB 01, 2015 0.00 0.00 -6.96 2,809.10
MAR 01, 2015 0.00 0.00 -6.98 2,816.08
APR 01, 2015 1,432.54 6.99 1,425.55 1,390.53
MAY 01, 2015 0.00 0.00 -3.45 1,393.98
JUN 01, 2015 0.00 0.00 -3.46 1,397.44
JUL 01, 2015 0.00 0.00 -3.47 1,400.91
AUG 01, 2015 0.00 0.00 -3.48 1,404.39
SEP 01, 2015 0.00 0.00 -3.49 1,407.88
OCT 01, 2015 0.00 0.00 -3.50 1,411.38
NOV 01, 2015 0.00 0.00 -3.51 1,414.89
DEC 01, 2015 0.00 0.00 -3.51 1,418.40
JAN 01, 2016 0.00 0.00 -3.52 1,421.92
FEB 01, 2016 0.00 0.00 -3.53 1,425.45
MAR 01, 2016 0.00 0.00 -3.54 1,428.99
APR 01, 2016 1,432.54 3.55 1,428.99 0.00
MAY 01, 2016 0.00 0.00 0.00 0.00
JUN 01, 2016 0.00 0.00 0.00 0.00
JUL 01, 2016 0.00 0.00 0.00 0.00
AUG 01, 2016 0.00 0.00 0.00 0.00
SEP 01, 2016 0.00 0.00 0.00 0.00
OCT 01, 2016 0.00 0.00 0.00 0.00
NOV 01, 2016 0.00 0.00 0.00 0.00
DEC 01, 2016 0.00 0.00 0.00 0.00
JAN 01, 2017 0.00 0.00 0.00 0.00
PAGE of 2
IBM CREDIT LLC
IPMA PAYMENT SCHEDULE
Customer Name: CITY OF WYLIE
Reference Number: Q03179379-01
Date: 2012-01-17
Payment Due Fin. Charge
Payment Principal Balance
FEB 01, 2017 0.00 0.00 0.00 0.00
MAR 01, 2017 0.00 0.00 0.00 0.00
Total 7,162.70 424.70 6,738.00
PAGE of 2
IBM CREDIT LLC
IPMA PAYMENT SCHEDULE
Customer Name: CITY OF WYLIE
Reference Number: Q03179379-01
Date: 2012-01-17
Mach/Model: 999E/006 Net Purchase Price: 17,692.00
Term: 60 Payment Frequency: monthly
Install Month: 02/12 Option: T'
monthly Rate: 3.20% Interest Commencement Date: 03/01/2012
PAYMENT START DATE: 03/01/2012
Payment Schedule calculations are based on the Planned Install Date, the
Interest Commencement Date and reflect any downpayments. Payments and charges
resulting from loan prepayment prior to the stated end of term, will be based
on the actual. Install Date and Interest Commencement Date.
Payment Due Fin. Charge
Payment Principal Balance
17,692.00
APR 01, 2012 3,778.14 47.18 3,730.96 13,961.04
MAY 01, 2012 0.00 0.00 -37.23 13,998.27
JUN 01, 2012 0.00 0.00 -37.33 14,035.60
JUL 01, 2012 0.00 0.00 -37.43 14,073.03
AUG 01, 2012 0.00 0.00 -37.53 14,110.56
SEP 01, 2012 0.00 0.00 -37.63 14,148.19
OCT 01, 2012 0.00 0.00 -37.73 14,185.92
NOV 01, 2012 0.00 0.00 -37.83 14,223.75
DEC 01, 2012 0.00 0.00 -37.93 14,261.68
JAN 01, 2013 0.00 0.00 -38.03 14,299.71
FEB 01, 2013 0.00 0.00 -38.13 14,337.84
MAR 01, 2013 0.00 0.00 -38.23 14,376.07
APR 01, 2013 3,778.14 38.34 3,739.80 10,636.27
MAY 01, 2013 0.00 0.00 -28.36 10,664.63
JUN 01, 2013 0.00 0.00 -28.44 10,693.07
JUL 01, 2013 0.00 0.00 -28.51 10,721.58
AUG 01, 2013 0.00 0.00 -28.59 10,750.17
SEP 01, 2013 0.00 0.00 -28.67 10,778.84
OCT 01, 2013 0.00 0.00 -28.74 10,807.58
NOV 01, 2013 0.00 0.00 -28.82 10,836.40
DEC 01, 2013 0.00 0.00 -28.90 10,865.30
JAN 01, 2014 0.00 0.00 -28.97 10,894.27
FEB 01, 2014 0.00 0.00 -29.05 10,923.32
MAR 01, 2014 0.00 0.00 -29.13 10,952.45
APR 01, 2014 3,778.14 29.21 3,748.93 7,203.52
MAY 01, 2014 0.00 0.00 -19.21 7,222.73
JUN 01, 2014 0.00 0.00 -19.26 7,241.99
JUL 01, 2014 0.00 0.00 -19.31 7,261.30
AUG 01, 2014 0.00 0.00 -19.36 7,280.66
SEP 01, 2014 0.00 0.00 -19.42 7,300.08
OCT 01, 2014 0.00 0.00 -19.47 7,319.55
NOV 01, 2014 0.00 0.00 -19.52 7,339.07
DEC 01, 2014 0.00 0.00 -19.57 7,358.64
JAN 01, 2015 0.00 0.00 -19.62 7,378.26
FEB 01, 2015 0.00 0.00 -19.68 7,397.94
MAR 01, 2015 0.00 0.00 -19.73 7,417.67
APR 01, 2015 3,778.14 19.78 3,758.36 3,659.31
MAY 01, 2015 0.00 0.00 -9.76 3,669.07
JUN 01, 2015 0.00 0.00 -9.78 3,678.85
JUL 01, 2015 0.00 0.00 -9.81 3,688.66
AUG 01, 2015 0.00 0.00 -9.84 3,698.50
SEP 01, 2015 0.00 0.00 -9.86 3,708.36
OCT 01, 2015 0.00 0.00 -9.89 3,718.25
NOV 01, 2015 0.00 0.00 -9.92 3,728.17
DEC 01, 2015 0.00 0.00 -9.94 3,738.11
JAN 01, 2016 0.00 0.00 -9.97 3,748.08
FEB 01, 2016 0.00 0.00 -9.99 3,758.07
MAR 01, 2016 0.00 0.00 -10.02 3,768.09
APR 01, 2016 3,778.14 10.05 3,768.09 0.00
MAY 01, 2016 0.00 0.00 0.00 0.00
JUN 01, 2016 0.00 0.00 0.00 0.00
JUL 01, 2016 0.00 0.00 0.00 0.00
AUG 01, 2016 0.00 0.00 0.00 0.00
SEP 01, 2016 0.00 0.00 0.00 0.00
OCT 01, 2016 0.00 0.00 0.00 0.00
NOV 01, 2016 0.00 0.00 0.00 0.00
DEC 01, 2016 0.00 0.00 0.00 0.00
JAN 01, 2017 0.00 0.00 0.00 0.00
PAGE of 2
IBM CREDIT LLC
IPMA PAYMENT SCHEDULE
Customer Name: CITY OF WYLIE
Reference Number: Q03179379-01
Date: 2012-01-17
Payment Due Fin. Charge
Payment Principal Balance
FEB 01, 2017 0.00 0.00 0.00 0.00
MAR 01, 2017 0.00 0.00 0.00 0.00
Total 18,890.70 1,198.70 17,692.00
PAGE of 2
IBM CREDIT LLC
IPMA PAYMENT SCHEDULE
Customer Name: CITY OF WYLIE
Reference Number: Q03179379-01
Date: 2012-01-17
Mach/Model: 9994/001 Net Purchase Price: 448.00
Term: 60 Payment Frequency: monthly
Install Month: 02/12 Option: T'
monthly Rate: 3.20% Interest Commencement Date: 03/01/2012
PAYMENT START DATE: 03/01/2012
Payment Schedule calculations are based on the Planned Install Date, the
Interest Commencement Date and reflect any downpayments. Payments and charges
resulting from loan prepayment prior to the stated end of term, will be based
on the actual Install Date and Interest Commencement Date.
Payment Due Fin. Charge
Payment Principal Balance
448.00
APR 01, 2012 95.67 1.19 94.48 353.52
MAY 01, 2012 0.00 0.00 -0.94 354.46
JUN 01, 2012 0.00 0.00 -0.95 355.41
JUL 01, 2012 0.00 0.00 -0.95 356.36
AUG 01, 2012 0.00 0.00 -0.95 357.31
SEP 01, 2012 0.00 0.00 -0.95 358.26
OCT 01, 2012 0.00 0.00 -0.96 359.22
NOV 01, 2012 0.00 0.00 -0.96 360.18
DEC 01, 2012 0.00 0.00 -0.96 361.14
JAN 01, 2013 0.00 0.00 -0.96 362.10
FEB 01, 2013 0.00 0.00 -0.97 363.07
MAR 01, 2013 0.00 0.00 -0.97 364.04
APR 01, 2013 95.67 0.97 94.70 269.34
MAY 01, 2013 0.00 0.00 -0.72 270.06
JUN 01, 2013 0.00 0.00 -0.72 270.78
JUL 01, 2013 0.00 0.00 -0.72 271.50
AUG 01, 2013 0.00 0.00 -0.72 272.22
SEP 01, 2013 0.00 0.00 -0.73 272.95
OCT 01, 2013 0.00 0.00 -0.73 273.68
NOV 01, 2013 0.00 0.00 -0.73 274.41
DEC 01, 2013 0.00 0.00 -0.73 275.14
JAN 01, 2014 0.00 0.00 -0.73 275.87
FEB 01, 2014 0.00 0.00 -0.74 276.61
MAR 01, 2014 0.00 0.00 -0.74 277.35
APR 01, 2014 95.67 0.74 94.93 182.42
MAY 01, 2014 0.00 0.00 -0.49 182.91
JUN 01, 2014 0.00 0.00 -0.49 183.40
JUL 01, 2014 0.00 0.00 -0.49 183.89
AUG 01, 2014 0.00 0.00 -0.49 184.38
SEP 01, 2014 0.00 0.00 -0.49 184.87
OCT 01, 2014 0.00 0.00 -0.49 185.36
NOV 01, 2014 0.00 0.00 -0.49 185.85
DEC 01, 2014 0.00 0.00 -0.50 186.35
JAN 01, 2015 0.00 0.00 -0.50 186.85
FEB 01, 2015 0.00 0.00 -0.50 187.35
MAR 01, 2015 0.00 0.00 -0.50 187.85
APR 01, 2015 95.67 0.50 95.17 92.68
MAY 01, 2015 0.00 0.00 -0.25 92.93
JUN 01, 2015 0.00 0.00 -0.25 93.18
JUL 01, 2015 0.00 0.00 -0.25 93.43
AUG 01, 2015 0.00 0.00 -0.25 93.68
SEP 01, 2015 0.00 0.00 -0.25 93.93
OCT 01, 2015 0.00 0.00 -0.25 94.18
NOV 01, 2015 0.00 0.00 -0.25 94.43
DEC 01, 2015 0.00 0.00 -0.25 94.68
JAN 01, 2016 0.00 0.00 -0.25 94.93
FEB 01, 2016 0.00 0.00 -0.25 95.18
MAR 01, 2016 0.00 0.00 -0.25 95.43
APR 01, 2016 95.67 0.24 95.43 0.00
MAY 01, 2016 0.00 0.00 0.00 0.00
JUN 01, 2016 0.00 0.00 0.00 0.00
JUL 01, 2016 0.00 0.00 0.00 0.00
AUG 01, 2016 0.00 0.00 0.00 0.00
SEP 01, 2016 0.00 0.00 0.00 0.00
OCT 01, 2016 0.00 0.00 0.00 0.00
NOV 01, 2016 0.00 0.00 0.00 0.00
DEC 01, 2016 0.00 0.00 0.00 0.00
JAN 01, 2017 0.00 0.00 0.00 0.00
PAGE of 2
IBM CREDIT LLC
IPMA PAYMENT SCHEDULE
Customer Name: CITY OF WYLIE
Reference Number: Q03179379-01
Date: 2012-01-17
Payment Due Fin. Charge
Payment Principal Balance
FEB 01, 2017 0.00 0.00 0.00 0.00
MAR 01, 2017 0.00 0.00 0.00 0.00
Total 478.35 30.35 448.00
PAGE of 2
Wylie City Council
AGENDA REPORT
CITY OF VVY IE
Meeting Date: February 14, 2012 Item Number: 1.
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: January 20, 2012 Budgeted Amount:
Exhibits: 6
Subject
Hold a Public Hearing and consider, and act upon amending the zoning from Business Government(BG)District
to Commercial Corridor(CC) District on 19.100 acres, generally north of FM 544 and approximately 1,700 feet
east of Country Club Road (FM 1378). ZC 2012-02
Recommendation
Motion to approve amending the zoning from Business Government (BG) District to Commercial Corridor
(CC) District on 19.100 acres, generally north of FM 544 and approximately 1,700 feet east of Country Club
Road (FM 1378). ZC 2012-02
Discussion
Owner: City of Wylie Applicant: City of Wylie
The subject lot, located north of FM 544 and east of Country Club Road is 19.1 acres in size and is part of the
larger 260.083 acre tract platted as Wylie Civic Center Addition. Lot 1 is 19.674 acres in size and consists of
City Hall, Recreation Center and the Smith Public Library. The remaining acres are undeveloped and are in
their natural state. The entire property is heavily vegetated and bordered by a dense tree line.
This request is to rezone Lot 4 from Business Government (BG District) to Commercial Corridor (CC District)
to make it suitable for commercial development and to better conform to the current and future Comprehensive
Land Use Plan as well as surrounding properties.
Properties to the south have been recently zoned Commercial Corridor and will occupy a future Medical Center.
Properties to the west are developed with commercial businesses (Rain's Plumbing & Party Barn Mini-
Storage). Properties to the east are currently zoned Commercial Corridor but is undeveloped.
Although part of the larger Municipal Complex tracts, this lot is separated from the Municipal Complex by a
heavily populated tree line as well as the DART railroad. Because of this, Staff feels that this tract is more
suitable for retail/light commercial development as opposed to open space/parkland. Understanding the need for
additional parks and open space throughout the city, this tract does not fit the profile for such open space
because of its immediate adjacency to a major thoroughfare (FM 544).
The property was purchased from the Wells Family through the issuance of Certificates of Obligation in 2005
and not through the Trust for Public Land. Therefore, the rezoning and potential sale of the property will not
adversely affect the tax-exempt status of the outstanding certificates.
Page 1 of 2
Page 2 of 2
The rezoning is necessary in order for the WEDC to have a comfort level of future land use prior to undertaking
infrastructure improvements in the area. The WEDC is prepared to begin installation of a sewer line to serve the
City tract in addition to 30 acres to the east.
Considerations
1. F.M. 544 is a six lane divided highway system that provides traffic flow for nearly 27,000 cars per day.
2. Lot depth is approximately 520 feet.
3. Immediately adjacent to active rail line.
4. Dense trees occupy the far eastern portion of the property.
5. Provide trail linkage from the proposed commercial site to the Municipal Complex.
6. No certificate of obligation bond restrictions regarding sale for commercial uses.
No purchaser or user has been identified at this time. However, with the approval of the rezoning request, the
property can be properly marketed and will aid in the tax base for the City.
Planning Commission Discussion
The Commission asked for clarification regarding the tax-exempt status and if it would remain in place. Mr.
Satterwhite stated that it would remain tax-exempt until sold. Commissioners further discussed and appreciated the
idea that there could be some incorporation with the parks system and stressed that it should. Commissioner Smith
used the Richardson/Renner Corridor as an example of how a commercial development can successfully link with an
open space trail system.
Commissioner Kopchenko agreed that it is more of a commercial tract but was against the request stating that she
recalled it being designated as open space as presented in 2005 and it should remain as such
Commission voted 6-1 to recommend approval.
Ten (10) notifications were mailed to property owners within 200 feet in accordance with State Law. As of
January 10, 2012 one (1) response favoring the request was received, none opposing. Zoning request signs were
provided and properly placed in accordance with Article 8, Section 8.1.3 Posting property for zoning changes.
Approved By
Initial Date
Department Director RO O1/04/12
City Manager MM 2-9-12
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LOCATION MAP
ZONING CASE #2012-02
Exhibit"A"
Legal Description
Zone Case#2012-02
Being all of a 19.100 acre tract and also being all of Lot 4,Block A, in the Wylie Civic Center Addition,
situated in the City of Wylie, Collin County, Texas.
--- T�_ - CB=12• 7.29' W ''V °°
G�S�o ra„n»z T• 64]8 Jµl z 1° wa.
,Ip-1pP CL 12618' R. p .�c4 /-
Res B,49Ba° N �. °"� Ip
repel a -L
.E B.:r\ " 90 ACRES FM 3412/BROWN STREET cR's
S89°41'S5'E 127348 IeBwIOE Row.l \, /,."
c„ 1242.75' S02°1915"E 1 „1„,.,,,:, ✓<
' W+x S88°34'S1"E 2580.90' 1 /�
•
22.85' 19 I ,,.v," N89"05'10, 712.26' 1615.80'
S00°54'60"E ,¢r"� p =3]°52'19" yam ii �'� / /
223.66 'i-- N.'eT-3]E I]i m °
95 48
9,asi ACRES °^�° /
ro'uxA � -
-AL
E"o1E CI L 18362 /l _- -�
o CL 180 62
I I,, 26101 GB-N46°05'39'E N I /rrox°our mev
/� 0 100 000 300 400 000 '
967`3715"W N13°32'1]^E -yyy� -�
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LOT 2 167.98' 117.98' p =16°2fi'00" //
(43.683 AC. R =761.16' // `r' ,=ws
d =2103.89" I /w�i:xo
1,902,834 SQ.FT.) R =2103.89' I ' L =2R16.31' // m LOCATION MAP
T =224.90' / CL=217.57' TRACT ONE //
CITY OF WYLIE,TEXAS L =447.90' /
(DOC.NO.2005-0017065) CL=447.05 / I�� CB=N17°30'03T (240.983 AC.) /% ...G"av ,�z,
TRACT I CB=520122'541W / w,c"a 1 ,zaa //
c / c S90°00'00"E 740.00' �"'c"' 7/
[formerly FRANCES S28°55'S1"W rouu /
i5 BATES WELL tract] 168.40' Foup6 µ0' FOu _U =2°16'29" %i/ uxEx
/ N27°3940 E R =761.16' l
ce v
4a 534°09'40"W .o�xe t 1111 71 21' T 15.11' "Bp j/ LOT 3 /
is w atass Ih N30°2639E L =3022' _ Ex.-�� (164.218 AC. /'- p CURVE L5
L CB CL
s6 N29°39'06"E II CL 30 22' o "RAD //� 7,153,354 SQ.FT.)
AY' 302.56' x/ I( 10349' CB-N26°51'17'E� /' / cat scv 3e,i 10 rvr9ia zw cola
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1P8 :,. ,a,:xB 1'4 .N32°32 'E - �(BY THIS PLAT) /' / /:
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°i e�'' 'o r(t1�1 857,018 SQ.FT.) 1'I 0 -/ ! av 00C , BB9
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n \"n / \\ //, _ -11 _• 7/ CITY OF WYLIE,TEXAS er,uin;.-''''' '--
N30°0703 E----/ / V/ I �_-/F -® // (DOC.NO.2005-0017065) -
:51237' i �� z4FIRE,ArvEE EASEMENT/ 1.SEE SHEET 2/4 FOR LOT 1DETAIL
Z /yam rERM>I':, --71. Z - -- (BY THIS PLAT)As T / TRACT II ...,/ 2.SEF SHEET 3/4 POR LOT'EASEMENT TABLES zzrz
FILE:���/y. ""° ,,,t11 n\ !-1` \ SFOREE DETAILS�wrcOD
m // [formerly PRANCES
532°24'32"W " • Z v gFn 390°00'09" /( ig43,o3' psEE SHEET // BATES WELL trot/]�/ /� STATE LAW AND IS SUBJECT To FINES AND WITHHOLDING OF UTILITIES n"
\... 231.66. e / \ 1 E EASEMENT 3 SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY
Br ELECTRIC % TEXAS DEPARTMENT F
as,uaae�+ /// ______ TRANSPORTAATION R csJn
o r,rB ESTABLISHED FOR
200 1' W " / ¢- x" xB / I I /� '. (REVISED LOCATION
4,20aa,ENNUNRECORDED
S GNEDEBY SURVEY
A =15.09'21" .,,>£a v nM1 /• " // II MAIER CONSULTING-
R =1528,27' 30°07'03"E / 5 FM1378 RIGHT-OF-WAY BASED ON LOCATION ESTABLISHED FOR THE TEXAS DEPARTMENT OF
T =203.32' z/ 4• / 3,78' /// i1 ,an. /� FOR PARCEL
NO
L =404.26' / \\/ I'IA. � 003(RE 9[AND SIGNED BY JOHN L
NGINEERS,INC.
CL =403.08' ra xB/ a N31°24'43"B e / �%i i'
TEXAS RPLS NO.0206.WITH NATHAN D.
CB=520`28'21"W /"" 246.32' i (VARIABLE wlB3TB R.o.w.) aw:s,,,, xn"� _
n0/ /% \ (DOC."o.20090130000093060) a \� /„-/-
//��5 NO�BO6E O6BEOGa ESTABLISHED
UN RECORBEO SURVEY FOR PARCEL"o
��, PART DATED MAY 2003 )AND SIGNED
I NE N BY HN L.MEOR THE TEXAS LITON,
ioRiHS Fl / \\�os ABANDONED By �_ \\ _-- _ `
0.2072 ACRESDEDICATION T/ j 4 _2939.81'/ _our UO / i _---_-_y_- _ - / ,rne.asuPEaee, 7 THE BASIS OF BEARINGS IS THE NORTH AMERICAN DATUM OF 1963,TE.S COORDINATE R -1239.81tWr �, %) ,� uco., SYSTEM NORTH CENTRAL ZONE 0202 ALL BEARINGS ARE SURFACE BEARINGS AND ALL
RE SURFACE DISTANCES.COMBINED SCALE FACTOR 0999647313
® •� / T =327.93rna u o II �� 1(erT«sPa,� /;-'� ra�,�.,a„ --
S
ae _ / CL=63406 I��\1DIOD MHvr ,�- / m /
S05°49'26"W ] / CB 23947E / /' ' / \i
/ / / \�va.rsss,,"e �I'l�/ `v'O"n" vM,nx. E LEGEND
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o S11°31'21"W ///NO2✓°44129 >/_-- E \\\ �i / �/ yO v.oEs,Si ---- •
ABSTRACT
102.10' 126.69 / or i / 6,10_ - ABSTRACT LINE
801133'24"E ` rz / x Ara' / / /N / /i 952 EASEMENT LINE
K\
103.08' 2jj84 94._ I_°` / PO ,a•DIN ,z FOUND IRON Roo
715.26' �\ I�� PIPE
gur388°08 w,c"r WCIVPART \ __// II ,Bs„c,x Pasaa"ccnaory aoowm
POINT OF ,uaws,icE,al I N49°48'15"E _- N8 ------ I a,,,,c,b, very s,s FOUND IRON ROD
BEGINNING B u, N13°10'32.'E I 13.28' i 1'�67r -- --
38.85' 31(TRACT ONE) • w pc DOD,.BLOCK / - u "c., HALFF Assoc rvc.
aOB,Bz» o =1z°50'oa° Lot 4 4 E _ ALUM"OMBBI
R =2914.93' , °"a"E ,
T =327.82' ' �- CITY OF WYLIE,TEXAS --__
L =652.90' Nib°48'359' � (19.100 AC. (DOC.NO.2005-0017065) p =01°02'28" TRANSPORTATION
384.23' TRACT III / Zoning Exhibit B"
CL=651.54' 823,004 SQ.FT.) - R =3769.83'
CB=N87°26'06"W - o =0°44'18" T =34.25'
„z„�B B maAa M o merly PRANCES WYLIE CIVIC CENTER ADDITION
ewo q4p 1, + BATES WELL tract] R =3869.83' L =68.50'
T =24,93' CL=68.50' / BLOCK A,LOT 4
--W,/ 'f / L =49.86' CB=N81°32'20"VY
CL=49.86' 19.10 ACRES
wcx„M,xr' C6=S81°23'15"E m• ac.o,n:w�a SITUATED"THE
r.corciw eLNfYiM1v`91M/ J W CURTIS SURVEY,ABSTRACT NO.196
S83°28'43"W r Mo"cME"r xPOINT OF MICHAEL MILLIRON SURVEY,ABSTRACT Na 563
55.00' ,I BEGINNING
(TRACT TWO) CITY OF WYLIE,COLLIN COUNTY,TEXAS
yF N71°34'02"W J 40 --_
� n 80.00' / c°B1 x I -�
_ FOR
o" 9 N46°46'02"W I CITY OF WYLIE,TEXAS
55.00• p 5l w m
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PUSLIC COMMENT FORM
(Please type vr arse black ilzk) �
Department of T'lanning
300 Country Club Road
Buildiz�g 1QD
Wylie,Texas 75098
/
� I am TOR the requested zoning as explained an the attached public natice for Zoning Case#2012�02.
I am AGAINST the requested zoning as explained on the attached pubiic notice far Zoning Case#2012-2.
Date,Loca�ion&Time of
Pianning&Zoning
Car.z�:�zssion meeting: Tuesday,.Tanuary l7,2012,630 pm
M�nicipal Complex,3Q0 Country Club Road,B�ilding 100,Wylie,Texas
Date,Location&Time of
Giry Council meeting: Tuesday,�'ebruary 14,2012,6:00 pm
Munici al Complex,300 C�try Club Road,Buildi�a 100,Wylie,Texas
� ��.����'�����e,�"T'
����: G���
(pleas printJ
� Address: �U� �° �����
��� r ` '�`���d
Signalure: ��-� '�
' Date: �� -��//
COMN.[�NTS:
Wylie City Council
� AGENDA REPORT
���� �� �����
Meeting Date: February 14, 2012 Item Number: 2.
�epartment: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: 7anuaiy 23, 2012 Budgeted Amount:
Exhibits: 3
. -
Consider, and act upon, Ordinance No. 2012-06 adopting the Official Boundary Map of the City of Wylie,
Revised May 5, 2011.
- . - .. .
Motion to approve Ordinance No. 2012-06 adopting the Official Boundary Map of the City of Wylie, Revised
May 5, 2011.
Pursuant to Chapter 41 of the Texas Local Government Code, a municipality must adopt by Ordinance or
Resolution the Official Boundary Map of the city if its extraterritorial jurisdiction (ETJ)is expanded or reduced.
On May 5, 2011 Wylie's boundary was reduced by the execution of Agreement between the cities of Lavon,
Nevada, Wylie, Rockwall and Garland. Therefore, Exhibit"A" (Boundary Map) attached and made part of this
Ordinance is submitted for consideration and approval.
Exhibit "B" (Ordinance 2009-OS) confirming and approving an Interlocal Boundary Contract is attached for
reference only.
Exhibit"C" (Partial Executed Contract) is attached for reference only.
� . . . -.
Inifial Date
Department Director RO O1/24/12
City Manager MM 2-9-12
Page 1 of 1
ORDINANCE NO. 2012-06
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
CONFIRMING AND APPROVING THE OFFICIAL
BOUNDARY MAP OF ITS CORPORATE LIMITS AND ITS
EXTRATERRITORIAL JURISDICTION PURSUANT TO
SECTION 41.001 OF THE TEXAS LOCAL GOVERNMENT
CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the governing body of the City of Wylie, Texas, declares that the corporate
limits and extraterritorial jurisdiction (ETJ) of the City of Wylie is hereby amended as described
in Exhibit"A" (Official Boundary Map) attached hereto and made a part hereof for all purposes.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: That the Boundary Map of the City of Wylie, Texas, revised May 5, 2011
be, and the same is hereby, approved, authorized and accepted as the Official Boundary Map in
accordance with Ordinance 2009-OS setting forth the corporate boundaries, ETJ and areas
reserved for expansion.
SECTION 2: 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 3: 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 4: 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 14th day of February, 2012.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
DATE OFPUBLICATION: Wednesday,February 22nd,2012 in the Wylie News
Ordinance No. 2012-06
Boundary Map
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EXHIBIT "B"
�
ORDINANCE Na.2049-05
AN URDINANCE OF THE CfTY UF WYLIE, TEXAS, CONFIRMING
AND APPROVING AN INTERLOCAL BOUNDARY AND ETJ
COHTRACT SETTING FORTH THE CORPORATE BOUNDARiES,
EXTRATEItItITORIAL JURISDICTIUN AND AREAS RESERVED
FOR EXPANSION; PROVIDING FOR CERTAIN AGREEMENTS AND
ADJUSTMENTS TO THE BOUNDARIES AND EXTRATE ORIAL
JURISDICTION OF THOSE CITIES; PROVIDING FOR
SEVERABILITY; AND PROViDING AN EFFECTIirE DATE.
WHEREAS, The Cities of Lavon, Nevada, Wylie, Rockwall an� Garland (collectively
referred to as the "Cities") are ad}acent and neighboring municipalities that currently, or wi�l in
the future, share common boundaries, and that arc empowered by state law and the Constitution
to establish their respective corporate boundaries; and
WHEREAS, Garland has agread to reEease certain portions of its extraterr�torial
jurisdictian to the beneftt of the other Cities{here�nafter"Released Boundaries") and to disannex
certain property and/or annex certain prope�rty, in exchange for the commitment of the other
Cities to refrain from annexing any property within Garland's extratecritariai jurisdiction without
the consent of Garland and to refrain from litig�ttion involving the various boundaries and
extraterritorial jurisdiction{"ETJ")of the Cities; and
�
WHEREAS, the Cities seek co avoid conflicts and uncertainty relative to the extent ana
locatian of their eespective corporate limits and ETl; and the potential for litigation invalving tiie
same; and
WHEREAS, the Cities each des'sre to approve by ardinance an Interlocal Boundary and
ETJ Contract at#ached and incorporated hereir� as Exhibit A (hereinafter "Boundarv Contract')
which confirms and adjusts their re,spective corporate boundaries, ET� and areas reserved for
expansion; and
WHEREAS, each of the Cities has reviewed their respective corporate baundaries and ETJ
based upon their respective populations, Ci�apter 42 of the Texas Local Government Code, and
the location of the Released Boundaries and has determined that such tracts woufd be better
served by the munict�al services of the Cities as reflected in the attached Boundary Contract; and
WHEREAS, the Cities find and determine it necessary for the health, safety and welfa�e of
thesr residents to confirm boundaries and make certain agreements and adjnstments regarding
their respective corporate Iwundaries and ET�; and
WHEREAS, the Boundary Contract is made under the authority �anted by and pursuant
to Texas [nterlocal Cooperation Act, Artic�e 791 of th� Texas Govenunent Cade, as amended,
provicfing far the cooperstion between loca! governmental bodies, for beneficia� governmental
' purposes; and
Chdinance No. ?Q09-OS
toint Boundary Agreement
Ciues of Wylie,Lavon.Nevada,Rockwall and Garland
t
WHEREAS, the Cities have each agreed to submit to their res�ective goveming bodies an
� ordi�ance approving the Boundary Contract which confirms and adjusts their respective
corporate baundaries and ETJ as set �orth in the Boundary Contract as�d in its attached Boundary
and Proposed ETJ Map attached thereta and incorporated herein as Attachment f to the
Boundary Cantract (the "Bounda Ma "), togethec wit� individual �naps of Rocicwall, Wylie,
Nevada and Lavon attached thereto and incorporated herein as Attachments 2-tltrough 5 to the
Boundary Coe�tract(coilectiveiy refer�ed to as"Boundarv Mavs'); and
WHEREAS, the respective meeting(s} aE which this Ordinance is considered are open to
the public as required by law, and the public notice of the time, place and putpose of said
meeting was given as required by Chapter 55I,Texas Go�ernment Code;
NOW,THEREFORE, BE IT ORDAINEB BY THE CITY COUNCIL OF THE CITY
OF WYLIE,TEXAS:
SecHon 1. The City Council of the City of Wylie finds that the above and foregaing
recitals are troe ar�d accurate and are hereby incorporated for all purposes as official findings of
t�e City Counci�of the City of Wylie.
Sectioo Z. The terms and conditions of the Boundary Contract, attached as Exhibit A, arc
hereby appraved, authorized and accepted, which confirm and adjust the respective corparate
bouRdaries, ETJ arid areas reserved foe expansion of L,avon. Nevada, Wylie, and Rockwall, as
� mare specifically set forti� in the Bound�ry Maps attached and incorporated therein as
Atkachments ! through 5. The Mayor is hereby authorized an� directed to execute this
Ordinance and execute an� deliver the Boundary Contract ta the other Cities for considsration
and execution. �
SecNon 3. The City Council of the City of Wylie shall take a�pro�riate action to
e#�ectuate the terms of this Ordinance and the Boundary Cantract ap�roved here�y through the
adoption of an official map ("Officsal Ma�"} showing the respective boundaries and ETJ as
required by Section 41.001 of the Texas Local Governrne�nt Caie, consistent with the Boundary
Map. The Official Map of the City of Wylie shall be filed with the apprapriate cuunty clerk
within thirty (30} days af the adoprion of the City's Official Map, and a copy of this Ordinance,
after the effective date, shall be filed in the deed records of the appropriate county clerk.
Section 4. All prior annexations or actions by the City of Wylie in conflict with the
boundaries reflected in the Boundary Maps aze hereby rescinded, voided, a�nd repealed to the
exteint of that conflict, and the City of Wyl'ee relinquishes any oonflicting ETJ under Texas Local
Govemment Code section 42.023.
Sectioa S. If any section, subsection, sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutianal or unlawful, such holding shall not affect the vafidity of
the remainen�provisions of this Ordinance.
Ordinance No.2009-05
Joint Boundary Agreement
Cities of Wylie, La�on,Nevada,Rockwall an�Garland
�
Section 6. This Ordic�ance approving the Boundary Contract shal� anly became effective
"" upan th� adopt�on by ordinance of the Boundary Contract by the cities of Lavon, Nevada,
Rockwail,Wyiie, and Garland.
DULY PASSED, APPROVED AND A PTED by the City Courictil of the C�ty of
Wylie,Texas, this 2"d day of February, 2d(�9.
�
Eric Hogue, o
OP �.�
ATTE5T: �r�""`� '�
C le Ehrlic City Secretary
.
_.,., APPROVED AS TO FORM: ' ' '
--� � .
�
,
�..-�.c{.t,.� '
�
y, City Attomey
�.y�41f1'�' �N[iI�Lf1
Ordinance No. 2009-b5
Joint Boeu�dary Agreement
Cities of Wylie, Lavon,Ncvada,Rockwall and Garland
3
EXHIBIT "C"
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Wylie City Council
,���� �� ����� AG E N DA RE P O RT
Meeting Date: February 14, 2012 Item Number: 3.
Department: City Manager (Ciry Secretary's Use Only)
Prepared By: Mindy Manson Account Code:
Date Prepared: February 6, 2012 Budgeted Amount:
Exhibits: 2
Consider, and act upon, Resolution No. 2012-07(R) suspending the March 6, 2012, effective date of Atmos
Energy Corp., Mid-Tex division ("Atmos Mid-Tex") requested rate change to permit the city time to study the
request and to establish reasonable rates; approving cooperation with Atmos Cities Steering Committee
("ACSC") and other cities in the Atmos Mid-Tex service area to hire legal and consulting services and to
negotiate with the company and direct any necessary litigation and appeals; requiring reimbursement of cities'
rate case expenses; finding that the meeting at which this resolution is passed is open to the public as required
b law; re uirin notice of this resolution to the com an and ACSC's le al counsel.
. � . .
Motion to approve Resolution No. 2012-07(R) suspending the March 6, 2012, effective date of Atmos Energy
Corp., Mid-Tex Division ("Atmos Mid-Tex")requested rate change, as provided for in Agenda Item #3.
The Cit � alon with a roximatel 153 other cities served b Atmos Ener Cor Mid-Tex Division ("Atmos
Y� g PP Y Y gY P��
Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC" or "Steering
Committee"). On or about January 31, 2012, Atmos Mid-Tex filed with the City a Statement of Intent to
increase rates within the City.
Back�round
In 2003, TXLT Gas filed a statewide rate case which became known at the Railroad Commission of Texas
("RRC") as Gas Utilities Docket ("GUD") No. 9400. That same year the Texas Legislature passed legislation
referred to as the Gas Reliability Infrastructure Program ("GRIP") which authorized annual piecemeal rate
reviews that Texas courts have concluded significantly restrict city jurisdiction, participation, and input.
Shortly after GUD No. 9400 was decided in 2004, Atmos Energy purchased TXLT Gas and created what is
known as Atmos Energy Corp., Mid-Tex Division. The City is within the Atmos Mid-Tex Division.
Atmos Mid-Tex filed four GRIP cases before filing a traditional rate case in September, 2007. As part of
Cities' Settlement Agreement with Atmos of the 2007 rate case, ACSC and Atmos created a substitute process
for annual piecemeal GRIP cases. That substitute process was called a Rate Review Mechanism ("RRM") and
was intended as an expedited but comprehensive rate review that included a number of fixed values and
constraints. The RRM was intended as a three-year experiment. Last year, it was extended for a fourth year
with some slight modifications to the original formulas. ACSC negotiated with Atmos in the final quarter of
last ear to further extend the RRM rocess, but no a reement was reached. Atmos has ex ressed a desire to
Page 1 of 1
Page 2 of 3
reach a settlement of the January 31, 2012 filing that includes a revised RRM process.
Enclosed are frequently asked questions ("FAQ") on ACSC and the RRM ratemaking process.
Discussion and Purpose
Atmos Mid-Tex filed a Statement of Intent on January 31, 2012, seeking to increase system-wide base rates
(which exclude the cost of gas) by approximately $49 million or 11.94%. However, the Company is requesting
an increase of 13.6%, excluding gas costs, for its residential customers. Additionally, the application would
change the way that rates are collected, by increasing the residential fixed-monthly (or customer) charge from
$7.50 to $18.00 and decreasing the consumption charge from $0.25 per 100 cubic feet("ccfl')to $0.07 per ccf.
The law provides that a rate request made by a gas utility cannot become effective until at least 35 days
following the filing of the application to change rates. Atmos has proposed an effective date of March 6, 2012.
The law permits the City to suspend the rate change for 90 days after the date the rate change would otherwise
be effective. If the City fails to take some action regarding the filing before the effective date, Atmos' rate
request is deemed administratively approved.
The purpose of the resolution is to extend the effective date of Atmos Mid-Tex's proposed rate increase to give
the City time to review the rate-filing package. The resolution suspends the March 6, 2012 effective date of the
Company's rate increase for the maximum period permitted by law to allow the City, working in conjunction
with the other ACSC cities, to evaluate the filing, determine whether the filing complies with law, and if lawful,
to determine what further strategy to pursue, including settlement and ultimately to approve reasonable rates.
Explanation of`Be It Resolved Para�raphs"
Section 1. The City is authorized to suspend the rate change for 90 days after the date that the rate
change would otherwise be effective so long as the City has a legitimate purpose. Time to study and investigate
the application is always a legitimate purpose. Please note that the resolution refers to the suspension period as
the "maximum period allowed by law" rather than ending by a specific date. This is because the Company
controls the effective date and can extend its effective date and, therefore, extend the deadline for final city
action to increase the time that the City retains jurisdiction (for example, if necessary to reach settlement on the
case). If the suspension period is not otherwise extended by the Company, the City must take final action on
Atmos Mid-Tex's request to raise rates by June 4, 2012.
Section 2. This provision recognizes the City's membership in ACSC and authorizes the City to
participate with other similarly situated cities served by Atmos Mid-Tex in order to more efficiently represent
the interests of the City and its citizens.
Section 3. By law, the Company must reimburse the cities for their reasonable rate case expenses.
Legal counsel and consultants approved by ACSC will present their invoices to the City of Arlington which will
then seek reimbursement from Atmos Mid-Tex. The City will not incur liability for payment of rate case
expenses by adopting a suspension resolution.
Section 4. This section merely recites that the resolution was passed at a meeting that was open to
the public and that the consideration of the resolution was properly noticed.
Section 5. This section provides that both Atmos Mid-Tex's designated representative and counsel
for ACSC will be notified of the City's action by sending a copy of the approved and signed resolution to
certain designated individuals.
Page 3 of 3
Recommendation
The City Staff recommends adoption of the resolution suspending the effective date of Atmos Mid-
Tex's proposed rate increase.
� � � . - � :
Ini tial Date
Department Director MM 02-6-12
City Manager MM 2-9-12
RESOLUTION NO. 2012-07(R)
RESOLUTION OF THE CITY OF WYLIE SUSPENDING THE MARCH 6,
2012, EFFECTIVE DATE OF ATMOS ENERGY CORP., MID-TEX
DIVISION ("ATMOS MID-TEX") REQUESTED RATE CHANGE TO
PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO
ESTABLISH REASONABLE RATES; APPROVING COOPERATION
WITH ATMOS CITIES STEERING COMMITTEE ("ACSC") AND
OTHER CITIES IN THE ATMOS MID-TEX SERVICE AREA TO HIRE
LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH
THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND
APPEALS; REQUIRING REIMBURSEMENT OF CITIES' RATE CASE
EXPENSES; FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED
BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE
COMPANY AND ACSC'S LEGAL COUNSEL
WHEREAS, on or about January 31, 2012, Atmos Energy Corp., Mid-Tex Division
("Atmos Mid-Tex" or "Company"), pursuant to Gas Utility Regulatory Act § 104.102 filed with
the City of Wylie ("City") a Statement of Intent to change gas rates in all municipalities
exercising original jurisdiction within its Mid-Tex Division service area, effective March 6,
2012; and
WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act
("GURA") and under Chapter 104, §104.001 et seq. of GURA has exclusive original jurisdiction
over Atmos Mid-Tex's rates, operations, and services within the City; and
WHEREAS, in order to maximize the efficient use of resources and expertise, it is
reasonable for the City to maintain its involvement in the Atmos Cities Steering Committee
("ACSC") and to cooperate with the more than 150 similarly situated city members of ACSC
and other city participants in conducting a review of the Company's application and to hire and
direct legal counsel and consultants and to prepare a common response and to negotiate with the
Company and direct any necessary litigation; and
WHEREAS, Atmos Mid-Tex proposed March 6, 2012, as the effective date for its
requested increase in rates; and
WHEREAS, it is not possible for the City to complete its review of Atmos Mid-Tex's
filing by March 6, 2012; and
WHEREAS, the City will need an adequate amount of time to review and evaluate
Atmos Mid-Tex's rate application to enable the City to adopt a final decision as a local
regulatory authority with regard to Atmos Mid-Tex's requested rate increase; and
Resolurion No. 2012-07(R) 1
Atmos Suspension of Date Rate Increase
WHEREAS, the Gas Utility Regulatory Act § 104.107 grants local regulatory authorities
the right to suspend the effective date of proposed rate changes for ninety (90) days; and
WHEREAS, the Gas Utility Regulatory Act § 103.022 provides that costs incurred by
Cities in ratemaking activities are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
1. That the March 6, 2012, effective date of the rate request submitted by Atmos
Mid-Tex on January 31, 2012, be suspended for the maximum period allowed by law to permit
adequate time to review the proposed changes and to establish reasonable rates.
2. That the City is authorized to cooperate with ACSC and its member cities in the
Mid-Tex service area and under the direction of the ACSC Executive Committee to hire and
direct legal counsel and consultants, negotiate with the Company, make recommendations to the
City regarding reasonable rates, and to direct any necessary administrative proceedings or court
litigation associated with an appeal of a rate ordinance and the rate case filed with the City or
Railroad Commission.
3. That the City's reasonable rate case expenses shall be reimbursed by Atmos.
4. That it is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.
5. A copy of this Resolution shall be sent to Atmos, care of David Park, Vice
President Rates & Regulatory Affairs, at Atmos Energy Corporation, Mid-Tex Division, 5420
LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC,
at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED this 14th day of February, 2012.
Mayor,Eric Hogue
ATTEST:
City Secretary
Resolurion No. 2012-07(R) 2
Atmos Suspension of Date Rate Increase
August 1, 2011
Revised February 1, 2012
FREQUENTLY ASKED QUESTIONS REGARDING
ACSC AND THE RRM RATEMAKING PROCESS
What is the Role of Cities in Ratemakin�?
Cities have historically exercised original jurisdiction over the level of gas rates charged
within their boundaries. Generally, gas distribution utilities have filed rate cases at the city level
and only gone to the Railroad Commission of Texas ("RRC") with an appeal of city action or if
they cannot reach a settlement with cities. If a utility and cities reach an agreement, the utility
may then file a case at the RRC to implement the same rates approved by cities in areas outside
municipal boundaries.
Once a case is at the RRC, the Commission Staff generally expects cities to intervene and
do most of the discovery, sponsor opposing witnesses, and do most of the cross-examination and
briefing. There is no consumer advocate at the RRC. If cities do not participate in hearings at
the RRC, the request of a regulated utility is likely to be rubber-stamped.
What is the back�round to the creation of the Atmos Cities' Steerin� Committee?
The Atmos pipeline and distribution systems were built, owned and operated by Lone
Star Gas ("LSG") which maintained over 200 rate jurisdictions until it sold its assets to Texas
Utilities ("TXLT") in the late 1990's. That meant that many cities had their own unique
distribution rates and that individual cities had to process rate cases at the local level. LSG-
Pipeline served a11200-plus distribution systems and pipeline rates were set by the RRC.
From the early 1980's through the late 1990's, LSG filed no pipeline or system-wide rate
case at the RRC. When LSG was finally brought before the RRC to show cause why its rates
should not be reduced, approximately 80 cities intervened and created an ad hoc group known as
the Steering Committee of Cities Served by Lone Star.
TXLT purchased the LSG assets in the late 1990's and immediately commenced
consolidating 200-plus ratemaking jurisdictions into regions. As regional cases were filed, cities
within each region created an ad hoc committee to form a common strategy and negotiating
position. Once TXLT had aggregated the cities into five or six jurisdictions, each with a different
rate, Texas Utilities Gas Company filed a system-wide case to bring all of the old LSG territory
under one common rate. The different city regional committees then united and formed the
Allied Coalition of Cities ("ACC"). While the gas utility assets were owned and controlled by
TXU, the Steering Committee transformed itself from an ad hoc group that came together only in
response to rate filings by the utility into a permanent standing committee.
In Gas Utilities Docket ("GUD") No. 9400 in 2004, TXU's request for a $61.6 million
system-wide increase was aggressively opposed by ACC. The Company received only a $2.01
million increase. Unhappy with that result, TXLT decided that owning a gas system was neither
as fun nor as profitable as the deregulated electric system, and they sold the system to Atmos
Energy Corporation ("Atmos" or "Company"). ACC was then transformed into the Steering
Committee of Cities Served by Atmos and then renamed Atmos Cities Steering Committee to
obtain an easy to remember acronym, "ACSC".
What is the Atmos Cities Steerin� Committee?
ACSC is a coalition of 154 cities that unite in common purpose to address gas utility rate
and franchise issues related to Atmos Energy Corporation. Its objectives are to: (1) ensure that
gas utility rates charged to cities and their residents are fair and reasonable; (2) maintain
reasonable franchise fee revenues for cities; (3) protect cities' original jurisdiction over rates and
services; (4) be a voice for consumers where no state agency assumes such a role; and (5)
promote sound ratemaking policy in the public interest.
Cities join the permanent standing committee by passing a resolution and agreeing to
support the work of ACSC through modest occasional per capita assessments which support
ongoing administrative and legislative advocacy and all expenses where cities are not entitled to
reimbursement. Each member city designates a representative to ACSC. Member
representatives may volunteer to serve on the ACSC Executive Committee or Settlement
Committee. The Executive Committee sets policy, hires legal counsel and consultants, directs
litigation, establishes a legislative agenda, sets assessments on members as needed and meets
quarterly with Atmos executives. The Settlement Committee is directly involved in negotiating
resolution of contested matters with Atmos executives.
The list of current members is attached.
What is the benefit of inembership in ACSC?
One hundred fifty-four cities speaking as one voice is much more effective in advocacy
before the Railroad Commission and legislature than any one city or multiple small groups of
cities.
The legislature has given gas utilities a right to an annual increase in rates. Resources
(both financial and human) of individual cities are conserved by membership in ACSC.
Additionally, membership enhances institutional memory of ratemaking issues, public policy
debates, and right-of-way and franchise fee battles.
What has ACSC accomplished recentiv?
Going into the legislative session, ACSC in December 2010 released a 48-page report,
"Natural Gas Consumers and the Texas Railroad Commission." More than 200 television,
newspaper and radio news sites posted information on and a link to the report which may be
found on ACSC's website, TexasGasConsumers.or�.
Earlier in 2010, ACSC representatives visited on several occasions with the Sunset
Commission Staff, and several ACSC recommendations for reform were included in the Sunset
Commission Report on the Railroad Commission, delivered to the legislature's Sunset
Committee prior to public hearings on the agency. Several ACSC member representatives
testified before the legislature regarding reforms needed at the Railroad Commission.
2
isooaos
During the most recent legislative session, lobbying efforts by ACSC were critical in
killing two gas utility bills that would have undermined traditional regulation, deprived cities of
certain rights, and led to even greater rate increases.
ACSC has resolved a major issue involving franchise fees. Atmos unilaterally, without
notice, ceased inclusion of franchise fees in the calculations of gross receipts regardless of
whether specific franchises included such payments. Several cities were willing to pursue the
matter through litigation. However, counsel for ACSC was able to negotiate a resolution that
allowed each member city to determine whether it desired an increase in franchise fee payments
based on inclusion of franchise fees in the calculation of gross receipts. If a city opted for
inclusion of fee-on-fee revenues, it had the further option of retroactive payments back to the
point in time that Atmos decided to curtail fee-on-fee payments. Each member had these options
regardless of the wording of the then valid franchise agreement. This resolution spared
significant litigation costs and anxiety and was only possible because of the clout of the ACSC
membership.
One of the most significant accomplishments of ACSC occurred in 2007 via a settlement
of the then pending system-wide rate case. Approximately 50 ACSC city representatives showed
up in Arlington for a meeting with Atmos executives who were shocked at the vocal opposition
to Atmos practices, the unfairness of annual Gas Reliability Infrastructure Program ("GRIP")
rate filings that precluded city and citizen review, and the Company's lack of coordination with
cities. That meeting led to the creation of the Rate Review Mechanism ("RRM") process and
greater ongoing communication between the Company and ACSC.
In 2010, ongoing communications between ACSC and the Company led to a workable
solution to the need to replace steel service lines in a manner that accommodated city needs to
control their rights-of-way, while moderating the rate impact and focusing first on the riskiest
service lines based on leak repair histories. This compromise precluded a more onerous (from a
city and consumer perspective)program threatened by the RRC.
What is a RRM case?
The concept of a RRM proceeding emerged as a three-year experimental substitute for
GRIP cases as part of the settlement of Atmos Mid-Tex's 2007 system-wide rate case. In 2003,
the Texas Legislature added Section 104.301, Interim Adjustment for Changes in Investment, to
the Gas Utility Regulatory Act. While not identified as such in the law, § 104.301 was referred
to as the Gas Reliability Infrastructure Program or GRIP. The GRIP adjustments allowed gas
companies to recover changes to invested capital without a review of whether increased revenues
or declining expenses offset the invested capital costs. Both Atmos Pipeline and Atmos Mid-Tex
filed GRIP cases as soon as the RRC adopted rules to implement the interim adjustments. As
explained below, it quickly became apparent that the GRIP adjustments were terrible public
policy.
As an alternative to GRII', ACSC entered into a negotiated agreement with Atmos in
2007 to establish the RRM process. Unlike GRIP, the RRM provided for an annual review of all
portions of Mid-Tex's cost of service. It fixed an authorized rate of return on equity for the
three-year period at 9.6% (which was less than what the RRC would have authorized) and set
3
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caps on the extent to which expenses or investments could increase from one year to the next.
More importantly, it allowed cities to make a comprehensive evaluation of all aspects of the
utility business—investment, operation and maintenance expenses and revenues—unlike GRIP
which only allows consideration of changes to invested capital.
Whv is RRM superior to GRIP?
The GRIP cases are one-sided guarantees of a rubber-stamp of the utility's rate request.
ACSC attempted to participate in the first two GRIP proceedings filed by both Atmos Pipeline
and Atmos Mid-Tex at the RRC. Not only were cities' motions to intervene denied, but also,
ACSC's comments were ignored. At the city level, ACSC consultants determined that Atmos
was not only including items such as artwork, chairs, computers and meals in interim rate
adjustments that were allegedly intended to promote pipeline safety, but also the Company was
over-earning its previously authorized rate of return. ACSC attacked the Commission's rule in
court because it denied city participation, denied a hearing on a contested matter, and denied
cities' recovery of any expenses associated with resisting GRIP rate increases. The courts have
not been helpful to cities and the Texas Supreme Court has affirmed the denial of cities' right to
participate in GRIP cases at the RRC.
Cities have contended that GRIl' is terrible public policy since it authorizes what would
from a history of public interest regulation be regarded as unlawful—piecemeal ratemaking.
GRIP allows rates to increase if the utility's invested capital net of depreciation increases year-
over-year. An increase in rates is mandated under GRIP if investment increases, even if
increasing revenues and declining expenses more than offset the costs associated with increased
investment.
The RRM process negotiated by ACSC solves the piecemeal ratemaking problem by
providing for a comprehensive review of Atmos' expenses and revenues. Furthermore, RRM
benefits ACSC by. (1) allowing cities participation that would be denied under GRIP; (2)
allowing cities to recover, at utility shareholder expense, all their ratemaking costs; and (3)
avoiding both litigation and RRC jurisdiction.
The legislature has functionally authorized annual increases in gas utility rates through
the GRIP process. Since consumers are otherwise stuck with annual rate increases, it is better to
have cities participating in the comprehensive RRM process than unable to participate in a
piecemeal process.
What has been the historv of the RRM efforts?
In 2010, ACSC, in settling the third RRM proceeding, agreed to a slight modification and
extension of the process. A settlement of the fourth annual RRM is now pending before ACSC
members. The results of the four RRM proceedings are as follows:
RRM Filing Year Atmos Request ACSC Settlement
#1 2008 $33.5 million $20 million
#2 2009 $20.2 million $2.6 million
#3 2010 $70.2 million $27 million
#4 2011 $15.7 million $6.6 million
4
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These results are better for cities and consumers than would have been authorized by the
RRC under the GRIP process.
What is the future of the RRM process?
The settlement of the fourth RRM filing anticipated ACSC and Atmos working between
August and December to refine the RRM process. A settlement perpetuating the RRM process
was not reached by the end of 2011 which has led to the filing of the January 31, 2012 traditional
rate case. Discussions regarding the future of the RRM process will continue as we attempt to
resolve the rate case by settlement.
If you have other questions please contact me at (512) 322-5875 and/or
ggay@lglawfirm.com.
Geoffrey Gay
ACSC, General Counsel
5
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ACSC Cities (154 Total)
Abilene Fate Palestine
Addison Flower Mound Pantego
Allen Forest Hill Paris
Alvarado Fort Worth Parker
Angus Frisco Pecan Hill
Anna Frost Plano
Argyle Gainesville Ponder
Arlington Garland Pottsboro
Bedford Garrett Prosper
Bellmead Grand Prairie Quitman
Benbrook Grapevine Red Oak
Beverly Hills Haltom City Reno (Parker County)
Blossom Harker Heights Richardson
Blue Ridge Haskell Richland
Bowie Haslet Richland Hills
Boyd Hewitt River Oaks
Bridgeport Highland Park Roanoke
Brownwood Highland Village Robinson
Buffalo Honey Grove Rockwall
Burkburnett Hurst Roscoe
Burleson Iowa Park Rowlett
Caddo Mills Irving Royse City
Carrollton Justin Sachse
Cedar Hill Kaufman Saginaw
Celeste Keene Seagoville
Celina Keller Sherman
Cisco Kemp Snyder
Cleburne Kennedale Southlake
Clyde Kerrville Springtown
College Station Killeen Stamford
Colleyville Krum Stephenville
Colorado City Lakeside Sulphur Springs
Comanche Lake Worth Sweetwater
Coolidge Lancaster Temple
Coppell Lewisville Terrell
Corinth Lincoln Park The Colony
Corral City Little Elm Trophy Club
Crandall Lorena Tyler
Crowley Madisonville University Park
Dalworthington Gardens Malakoff Venus
Denison Mansfield Vernon
DeSoto McKinney Waco
Duncanville Melissa Watauga
Eastland Mesquite Waxahachie
Edgecliff Village Midlothian Westlake
Emory Murphy Whitesboro
Ennis Newark White Settlement
Euless Nocona Wichita Falls
Everman North Richland Hills Woodway
Fairview Northlake Wylie
Farmers Branch Oak Leaf
Farmersville Ovilla
1262979 Updated 03.02.11
�
Wylie City Council
,���� �� ����� AG E N DA RE P O RT
Meeting Date: February 14, 2012 Item Number: 4.
Department: City Manager (Ciry Secretary's Use Only)
Prepared By: Mindy Manson Account Code:
Date Prepared: February 10, 2012 Budgeted Amount:
Exhibits:
Consider, an�act upon, setting a date for a Special Council Meeting to conduct a work session and take possible
action regarding the review of the proposed Code of Ethics.
. � . .
Motion to approve a date for a Special Council Meeting to conduct a work session and take possible action
regarding the review of the proposed Code of Ethics.
The Council Sub-Committee has met twice to review and discuss a proposed Code of Ethics. The Sub-
Committee has agreed to a draft document to be presented to and reviewed by the entire Council during a future
work session. After discussion during the work session, should the Council wish to move forward with the
Code of Ethics, direction can be given to staff to begin working with the City Attorney to prepare the formal
document for consideration.
� � � . - � :
Ini tial Date
Department Director MM 2-10-12
City Manager
Page 1 of 1
Wylie City Council
AGENDA REPORT
���� c�F ���.��
�
Meeting Date: February 14, 2012 Item Number: Work Session
Division: Parks and Recreation (Ciry Secretary's Use Only)
Prepared By: Robert Diaz Account Code:
Date Prepared: January 10, 2012 Budgeted Amount:
Exhibits: 1
Discuss amending Section 78-110 of the City of Wylie Code of Ordinances limiting animals to certain park
areas.
. � . .
N/A
The Parks and Recreation Board was approached by concerned youth league participant parents in 2011 to look
at ways to keep dogs from being in athletic areas while games are being played because the dogs were
distractions to the kids and the games themselves. Representatives from the Wylie Youth Soccer Association
and Wylie Baseball Association discussed with the Board that they had rules in their own leagues prohibiting
dogs in and around the playing areas, but since it was not a city ordinance many times those league rules were
not adhered to. Over the course of 2011 the Parks and Recreation Board looked at options from other cities,
staff, and the City Attorney on a way to prevent animals from being in areas of concern to league users but not
preventing them from being in the parks. Currently domestic animals are allowed in the parks on a leash.
In November 2011, the Board unanimously approved a proposed ordinance for City Council review that they
felt prevented animals from being in areas of concern but allowing them to still be in the park The Board also
wanted this ordinance to be ADA compliant and the City Attorney did review the proposed ordinance to make
sure it was ADA compliant.
This meeting is an opportunity for the Board and staff to review the ordinance with the Council, answer any
questions they may have, and make any changes if necessary.
Ordinance wording:
"It shall be unlawful for any person to commit any one or more of the following acts in a park unless authorized by city staff in
writing:
(30) To allow domestic animals in certain park areas,including but not limited to: inside playground areas,on playing fields,
surfaces, courts, in backstop areas, dugouts or spectator areas when occupied or in use, or any other area identified by the
posting of signage. This prohibition excludes service animals. Service animal means any guide dog,signal dog or other animal
individually trained to provide assistance to an individual with a disability."
� � � . - � :
Ini tial Date
Department Director MS O1/10/2012
City Manager MM 2-9-12
Page 1 of 1
ORDINANCE NO. 2012-XX
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
SECTION 78-110 (PROHIBITED ACTS) OF DIVISION 1 (GENERALLY)
OF ARTICLE V (PARK REGULATIONS) OF CHAPTER 78 (PARKS AND
RECREATION) OF THE CITY OF WYLIE CODE OF ORDINANCES;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City of Wylie, Texas ("City") has multiple parks within the City; and
WHEREAS, these parks are utilized for active and passive recreational activities; and
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has become aware
of the presence of domestic animals in City parks; and
WHEREAS, the City Council has investigated and determined that the presence of domestic
animals in park areas causes a distractions and may create an unsafe environment; and
WHEREAS, the City Council has investigated and determined that it is in the best interests of
the citizens of the City to enact a regulation prohibiting the presence of domestic animals in park
areas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findin�s Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Section 78-110 (Prohibited Acts) of Division 1 (Generallvl of
Article V (Park Re�ulations) of Chapter 78 (Parks and Recreation) of the Wvlie Code of
Ordinances. Section 78-110 (Prohibited Acts) of Division 1 (Generally) of Article V (Park
Regulations) of Chapter 78 (Parks and Recreation) of the Wylie Code of Ordinances is hereby
amended to read as follows:
"It shall be unlawful for any person to commit any one or more of the following acts in a
park unless authorized by city staff in writing:
(30) To allow domestic animals in certain park areas, including but not limited to: inside
playground areas, on playing fields, surfaces, courts, in backstop areas, dugouts or spectator
areas when occupied or in use, or any other area identified by the posting of signage. This
601862 Page 1
(Amendment to Chapter 78-110)
prohibition excludes service animals. Service animal means any guide dog, signal dog or other
animal individually trained to provide assistance to an individual with a disability."
SECTION 3: Savin�s/Repealin� 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 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: Severabilitv. 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: Penaltv Provision. Any person, firm, corporation or entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Five Hundred and 00/100 Dollars ($500.00). Each continuing day's violation
under this Ordinance shall constitute a separate offense. 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 immediately upon its
passage and publication as required by law.
PASSED AND APPROVED on the day of , 2012.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
APPROVED AS TO FORM:
Courtney A. Kuykendall
CITY ATTORNEY
601862 Page 2
(Amendment to Chapter 78-110)
Date(s) ofPublication: , Wylie Enterprise
601862 Page 3
(Amendment to Chapter 78-110)
�
Wylie City Council
,���� �� ����� AG E N DA RE P O RT
Meeting Date: February 14, 2012 Item Number: Work Session
Department: Public Services (Ciry Secretary's Use Only)
Prepared By: Mike Sferra Account Code:
Date Prepared: February 3, 2012 Budgeted Amount:
Exhibits: 1
Discuss the Proposed Tree Preservation Ordinance.
. � . .
N/A
Park staff and the Parks and Recreation Board propose the attached Tree Preservation Ordinance as an
amendment to the current Parks and Recreation Ordinance.
The Parks and Recreation Division staff believes that this ordinance would prove to be useful and worthwhile to
the city. It would codify the city's policy toward trees on public property and establish that the City of Wylie
recognizes the importance of trees to the community. In addition to providing rules and guidelines for the
preservation, maintenance, and planting of trees, this ordinance would establish an annual Arbor Day
observance by the City of Wylie.
Should the city ever seek designation as a Tree City USA, this ordinance would fulfill the Tree Ordinance
requirement of that program.
The Parks and Recreation Board has reviewed the ordinance and a roved it at the December 12, 2011 meetin .
� � � . - � :
Ini tial Date
Department Director MS 02/03/2012
City Manager
Page 1 of 1
ORDINANCE NO. 2012-XX
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING
ARTICLE VIII (PLANTING, MAINTAINING TREES, SHRUBS ON
PUBLIC PROPERTY) OF CHAPTER 78 (PARKS AND RECREATION) OF
THE CITY OF WYLIE CODE OF ORDINANCES; TO PROVIDE FOR
THE CARE OF PUBLIC TREES AND SHRUBS WITHIN THE CITY OF
WYLIE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR 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") recognizes that trees
are necessary for the health and welfare of the City of Wylie, Texas ("City") by cooling the air,
restoring oxygen to the atmosphere, reducing glare and noise levels, and reducing air and water
pollution; and
WHEREAS, the City Council recognizes that trees beautify our City, increase property values,
and increase the economic vitality of the City; and
WHEREAS, the City maintains trees and shrubs now existing or in the future planted on City
owned, controlled or maintained property ("Trees and Shrubs"); and
WHEREAS, the City Council has investigated and determined that Trees and Shrubs should be
preserved and maintained to provide for the beautification of the City; and
WHEREAS, the City Council has determined that establishing a Tree Preservation Board with
administrative responsibility for tree planting and maintenance will benefit the City's urban
forestry practices; and
WHEREAS, the City Council has investigated and determined that it is necessary and in the best
interest of the City to adopt regulations related to the care and preservation of trees and shrubs on
property owned, controlled and/or maintained by the City and adopt a Tree Preservation Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findin�s Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Chapter 78 (Parks and Recreation) bv adoptin� Article VIII
(Plantin�, Maintainin� Trees, Shrubs on Public Propertvl to Wvlie's Code of Ordinances.
Article VIII (Planting, Maintaining Trees, Shrubs on Public Property) is hereby adopted and
added to Chapter 78 (Parks and Recreation)to read as follows:
601834 Page 1
(Tree Preservation Ordinance)
"ARTICLE VIIL PLANTING, MAINTAINING TREES, SHRUBS ON PUBLIC
PROPERTY
Sec. 78-250. - Purpose
The purpose of this ordinance is to provide the City with authority over the care of all trees,
plants, and shrubs located within City owned, controlled and/or maintained property, public
rights-of-way, parks and other public places, which will aid in the establishment of a municipal
landscape program and will enhance the public health, safety, and beauty of the city.
Sec. 78-251. - Definitions
The following words and phrases shall have the meanings ascribed unless the context clearly
indicates otherwise:
City means the City of Wylie, Texas.
City Managed Property means public streets, alleys, rights-of way, parks, public places
and other property owned, controlled and or maintained by the city.
City Manager means the city manager of the City of Wylie, Texas or his or her designee.
Parkway means the area lying between the street right-of-way line of any public street
and/or alley, and the curb line of the street and/or alley; or if there is no curb line, the
paved portion of the street and/or alley. Generally, the parkway area is the area between
the edge of the road/curb and the farthest edge of the sidewalk, so that the entire sidewalk
is contained in the parkway area.
Public Property means all streets, alleys, rights-of-way, parks, public places and other
property owned, controlled and/or maintained by the City.
Top or Topping means the non-standard practice of cutting back of limbs to stubs larger
than three (3) inches in diameter within a tree's crown to such a degree so as to remove
the normal canopy and disfigure the tree.
Sec. 78-252. - Grant of Authority; coordination with public works department
a. The Public Services Director and/or his designee, hereinafter referred to as
"Director," shall have authority over all trees and woody plants growing in or upon
all City owned, controlled or maintained property, rights-of way, city parks, and other
public property in the City.
b. All City departments will coordinate as necessary with the Director and will provide
services as required to assure compliance with this article as it relates to streets,
alleys, rights-of-way, drainage, easements and other public properties not under the
direct jurisdiction of the Director.
601834 Page 2
(Tree Preservation Ordinance)
Sec. 78-253. - Tree Advisory Board
a. Board membership. The Tree Advisory Board shall consist of the members of the
Parks and Recreation Board.
b. Duties. The duties of the Tree Advisory Board shall include:
i. To review the tree management plan, tree preservation and mitigation
guidelines, and the tree care program as may be necessary;
ii. To promote the protection of healthy trees and provide guidelines for the
replacement and/or replanting of trees necessarily removed during
construction, development, and redevelopment;
iii. To uphold rules and regulations governing the protection and preservation of
native or established trees within the City, which provide for purification of
air and water, provide for shade, windbreaks and the cooling of air, provide
for open space and more efficient drainage of land, thus reducing the effects
on soil erosion;
iv. To study, investigate, counsel and develop and/or update periodically a
written plan for the care, preservation, pruning, planting, replanting, removal
or disposal of public trees and shrubs on City property;
v. To review and recommend specific beautification projects and public
awareness programs to the parks and recreation department, City Manager
and/or City Council as may be appropriate;
vi. Coordinating and promoting Arbor Day activities; and
vii. Other duties that may be assigned by the City Council.
Sec. 78-254.—Annual Arbor Day
a. It is established that each year, Arbor Day shall be held in the City of Wylie, Texas.
b. The Director shall plan and execute such celebrations or ceremonies as he or she
deems appropriate each year.
Sec. 78-255. - Planting, Preserving, Maintaining, Removing, etc. on Public Property
a. The Director shall have the authority to plant, preserve, spray, trim, cable or remove
any tree, shrub or plant on any City-managed property, street, alley, public place or
easement owned or controlled by the City. The Director is authorized to remove, or
order removed and/or sprayed any tree, shrub or plant or any part thereof that is in an
unsafe condition, is injurious to the common good or to sewer pipes, public utility
lines, drainage facilities, pavements, improvements, or is infested and dangerous to
other trees, shrubs or plant, that is located on City-owned or managed property.
601834 Page 3
(Tree Preservation Ordinance)
b. It is an offense for any person to plant or remove, or permit or cause to be planted or
removed any tree, shrub or plant on or from, any public street, park or other City-
managed property without the prior approval of the Director. The parkway area not
managed by the City is the responsibility of the adjacent property owner, as described
in Article 7 of the Zoning Ordinance No. 2001-48, as amended.
c. No tree, shrub or other landscaping shall interfere with the free passage of vehicles on
a public street or alley, or of pedestrians on the sidewalk or obscure the view of motor
vehicle operators of any traffic control device or street sign, visibility triangle, or
otherwise create a traffic hazard and shall at all times comply with City rules,
regulations and ordinances.
d. City departments and authorized contractors of the City constructing and/or repairing
streets, alleys, or other City utilities or facilities shall be exempt from this chapter
upon City approval of construction plans and specifications identifying such
construction, and notification of the Director� provided that Best Management
Practices as promulgated by the International Society of Arboriculture, as amended,
are utilized.
Sec. 78-256. -Adjacent Landowner Responsibility
a. The owner of land adjacent to any parkway, when acting within the provisions of this
ordinance, may plant, remove, prune or spray trees in the parkway area. Permission of
the Director shall only be required when the owner of the adjacent property intends to
deviate from the rules and regulations contained in this ordinance.
b. No property owner shall be permitted to allow a tree, or other plant growing on his or
her property or within the parkway to:
a. obstruct or interfere with the view of drivers of vehicles;
b. place pedestrians on the sidewalk at risk for serious injury; or
c. create a traffic hazard.
Property owners must maintain a clear space of seven (7) feet above the surface of a
sidewalk and ten (10) feet above the curb line of an adjacent street. In any event, no
tree, shrub or other landscaping shall interfere with the free passage of vehicles on the
street or of pedestrians on the sidewalk or obscure the view of motor vehicle
operators of any traffio-control device or street sign, visibility triangle, or otherwise
create a traffic hazard and shall at all times comply with city rules, regulations and
ordinances.
If an obstruction persists, the Director shall notify the property owner, in writing, to
prune or remove the tree, shrub or plant within thirty (30) calendar days. If the owner
fails to comply with the notice, the City may issue citations to the property owner for
each day that the property owner continues to be in violation, and/or depending on the
601834 Page 4
(Tree Preservation Ordinance)
severity of the obstruction, the City may undertake the necessary work to remove the
obstruction, without incurring liability
c. Other than property owners described above, it shall be unlawful for any person to
plant or set out any trees or woody plants, or cause or authorize any person to plant or
set out any trees or woody plants in or on any parkway within the city without first
obtaining written permission from the Director.
Sec. 78-257. - Breaking, Injuring, etc. Trees and Shrubs on Public Property
a. Except to remove, prune, trim or maintain trees, shrubs or landscaping as required
above or as authorized by the Director in writing, it shall be an offense for any
person, firm or corporation to cut or break any branch of any tree or shrub or injure in
any way the bark of any tree or shrub on any public street, park or other city-managed
property. It shall be an offense for any person, firm or corporation to permit, suffer or
allow any injurious substance such as gas, salt, oil or other harmful substance to come
in contact with any tree, shrub or plant on any public street, parkway area, park or
other city property.
b. It shall be an offense for any person, firm or corporation to attach any cable, wire,
rope, sign or any other obj ect to any tree, shrub or plant on any public street, park or
other city-managed property without the prior written consent from the Director.
c. It shall be unlawful for any person, firm, or City department to top any street tree,
park tree, or other tree on public property. Trees severely damaged by storms or
other causes, where best pruning practices are impractical, may be exempted from
this requirement at the determination of the Director.
d. The City may issue citations to persons, firms or corporations in violation with this
subsection in accordance with this ordinance."
SECTION 3: Savin�s/Repealin� 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 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: Severabilitv. 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: Penaltv Provision. Any person, firm, corporation or entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Five Hundred and 00/100 Dollars ($500.00). Each continuing day's violation
601834 Page 5
(Tree Preservation Ordinance)
under this Ordinance shall constitute a separate offense. 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 immediately upon its
passage and publication as required by law.
PASSED AND APPROVED on the day of , 2012.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
APPROVED AS TO FORM:
Courtney A. Kuykendall
CITY ATTORNEY
Date(s) ofPublication: , Wylie Enterprise
601834 Page 6
(Tree Preservation Ordinance)
595823 v1
601834 Page 7
(Tree Preservation Ordinance)
�
Wylie City Council
,���� �� ����� AG E N DA RE P O RT
Meeting Date: February 14, 2012 Item Number: Work Session
Department: Public Services (Ciry Secretary's Use Only)
Prepared By: Mike Sferra Account Code:
Date Prepared: February 3, 2012 Budgeted Amount:
Exhibits: 4
Discussion of TxDOT landscape plans for State Highway 78.
. � . .
N/A
TxDOT's Green�Ribbon Program has funds available this year to install landscaping on the portion of State
Highway 78 that was recently expanded to six lanes. The current plan is based on the landscape concepts that
are part of the McMillen Road preliminary design. Staff's intent of providing TxDOT with this information
was a desire to produce a differentiation between Wylie's landscaping and that landscaping already installed in
Sachse.
Over the past several months, staff has coordinated with Patrick Haigh, District Landscape Architect for
TxDOT Dallas District, on various design options, plant selection, irrigation details, and future maintenance
aspects of the plantings.
TxDOT intends to move forward with the bidding of the project this spring but include in the proposal that the
contractor cannot proceed unless we remain in Stage 3 of the Drought Contingency Plan AND the City agrees
to provide the meters/water, or we go to Stage 2. No installation would begin until fall 2012 at the earliest, and
the contractor will be aware that he cannot start until the drou ht is essentiall over.
� � � . - � :
Ini tial Date
Department Director MS February 3, 2012
City Manager MM 2-9-12
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II. Landscape planting program. When a highway improvement contract is let in a
non-attainment or near non-attainment county during FY 2002 through 2005, an amount
equal to not less than one-half of one percent and not to exceed one percent of the project
cost shall be allocated for landscape improvements. Landscape improvements consist of
planting trees and shrubs, soil preparation, and installing irrigation systems within the
limits of the project that generated the allocation. Any funds allocated for projects where
landscape improvements are not feasible shall be used for landscape improvements on
other highway or highway segments within the district. Funds expended under this
allocation should be used for one or more of the following purposes:
• develop landscape projects that encourage public/private partnerships that may
include donations of services such as landscape planting, establishment, or
maintenance;
• plant trees or other plants that are indigenous or adapted to the climate and when
possible, that help mitigate the effects of air pollution;
• install irrigation systems or other maintenance systems associated with the
planting of trees and other plants;
• perform plant establishment activities for one year following completion of the
landscape planting phase of the project; and
• accomplish the landscape goals identified in city's or region's landscape
aesthetics master plan document.
Eligibility: Districts with non-attainment and near non-attainment counties are eligible
for participation in the landscape planting program.
Implementation: For Rider 57, landscape improvements for FY 2002 & 2003 are in
accordance with Minute Order 108615. For FY 2004 and 2005, funding allocations will
be as determined in the Annual UTP under category 10. The districts with non-attainment
and near non-attainment counties must include landscape improvements based on one-
half of one percent(0.5%) of the total contract amount of highway improvements let to
contract September l, 2001 -August 31, 2005, within these counties, not to exceed
$10,000,000.
District allocations for landscape improvement work under this program will be based
upon projected construction lettings during FY 2002-2005 for highway improvement
projects let within non-attainment and near non-attainment counties (See Attachment A).
Landscape improvement project scheduling will be based upon recommendations from
each district. Although the intent of the program is to contract landscape improvement
work within each qualifying project limits, it is anticipated that some locations will not be
suitable for landscape improvement work. Each district will be required to recommend
appropriate alternate locations. To meet the requirements of this program, the landscape
improvement work can be accomplished by the following means:
• include landscape items with a highway project that generates the funding
allocation;
• let a landscape improvement contract within the limits of a highway project that
generates the funding allocation;
• let a landscape improvement contract within the limits of multiple highway
projects that generate the funding allocations;
• let a landscape improvement contract for an alternate location or multiple
locations; or
• let a landscape improvement contract for multiple locations of an appropriate
combination of the above means. Funds may be reserved and accumulated until
such time that adequate funds allow for letting a reasonable, cost effective project.
Design Standards: Landscape improvement work will be structured to provide
appropriate planting installation, soil preparation, and irrigation activities at locations
which are suitable and approved by the districts. Projects must meet design standards and
each district must insure appropriate safety, construction, establishment, and maintenance
considerations are applied.
This program calls for the use of indigenous or adapted trees and shrubs that are suitable
for the climate in which they are to be planted. Soil preparation to improve the fertility,
structure, and drainage of planting areas is permitted. Irrigation systems will be used that
take into consideration the highest water conservation and efficiency possible on each
project. Considerations should be given for at least 12 months of plant establishment and
maintenance.
This program does not allow seeding, sodding, or other erosion control measures.
Aesthetic treatments such as special finishes and decorative designs on structural surfaces
or other hard landscape elements will not be funded under this program. These items may
be included within each highway improvement contract as appropriate.
Program Administration: The Design Division will administer this program. District
allocations are developed based upon projected letting schedules for each fiscal year of
the program. Please use the following work program numbers to assist us in developing
accurate and timely reports of the Green Ribbon Landscape Improvement Program.
III. Definitions: The following words and terms, when used in this program, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) Allocation—a preliminary distribution of funds representing the maximum
amount to be made available to a subrecipient during the fiscal year, subject to the
subrecipient's completion of and compliance with all application requirements,
rules, and regulations applicable to the specific funding program.
(2) Green Ribbon Proj ect—a landscape and aesthetics master plan for the
transportation corridors of the Houston metropolitan area developed by TxDOT in
collaboration with a special committee, a consultant team, and the general public.
(3) Landscape and aesthetics master plan—a document that provides conceptual
guidelines for transportation planners and designers to integrate environmental
aesthetics during all phases of roadway design and development.
(4) Landscape establishment—the activities, immediately following landscape
planting, which ensure the viability and effectiveness of the project. These
activities include watering plant material, furnishing materials, services, and labor
required to properly maintain the project for a period of one year.
(5) Landscape improvement—planting indigenous or adapted trees and other plants
that are suitable for the climate in which they will be located,preparing the soil
and installing irrigation systems for the growth of the trees and plants.
(6) Landscape maintenance—activities including watering plant material and
furnishing materials, services, and labor required to ensure the long term viability,
upkeep, and effectiveness of a project.
(7) Near non-attainment—an area of the state designated by the Texas Natural
Resource Conservation Commission (TNRCC) as having reasonable potential to
become a non-attainment area within a stated time.
(8) Non-attainment—a geographic region of the United States that the Environmental
Protection Agency (EPA)has designated as non-attainment area for transportation
related pollutant for which a National Ambient Air Quality Standard(NAAQS)
exists.
Ulmus crassifolia Nutt.
Cedar elm, Fall elm, Olmo
Ulmaceae (Elm Familv)
USDA Native Status: Native to U.S.
Cedar elm is a large, oval-rounded tree growing 50-70 ft. high and 40-60 ft. wide. Bark
is scaly and the drooping branches have corky ridges. Dark-green leaves are small and
rough-textured. Leaves much smaller than those of the American Elm, Fall foliage is
yellow except in the southern part of the range where it is evergreen. Tree with rounded
crown of drooping branches and the smallest leaves of any native elm.
The common native elm in east Texas where it is planted for shade. Called Cedar Elm
because of the rough, cedar scale-like texture of the leaves and because it is often
found in the western part of its range with Ashe Juniper (Juniperus ashei), which is
locally called cedar. The Latin species name means thick leaf.
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Quercus macrocarpa Michx.
Bur oak, Burr oak, Savannah oak, Overcup oak, Mossy-cup oak, blue oak, prairie
oak, mossy-overcup oak
Faqaceae (Beech Familv)
USDA Native Status: Native to U.S.
Bur oak is a large, deciduous tree with a very wide, open crown. Usually wider than tall,
the tree can exceed 100 ft. in height and width. The massive trunk supports heavy,
horizontal limbs and rough, deep-ridged bark. Leaves up to 9 inches long with a central
midrib from which branch veins lead into rounded lobes. Lobes separated by deep
sinuses reaching, in some cases, to within 1/2 inch of the midrib. Lobes beyond the
midpoint of the blade wavy margined and longer and broader than those toward the
base. Acorns large, up to 1 1/2 inches broad with 1/4 to more than 1/2 of the acorn
enclosed in the cup. Cup with coarse scales and a fringed margin.
The acorns of this species, distinguished by very deep fringed cups, are the largest of
all native oaks. The common name (sometimes spelled Burr) describes the cup of the
acorn, which slightly resembles the spiny bur of a chestnut. Bur Oak is the northernmost
New World oak. In the West, it is a pioneer tree, bordering and invading the prairie
grassland. Planted for shade, ornament, and shelter belts. Bur oak extends farther north
than any other oak species and becomes shrubby at the northern and eastern limits of
its range.
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Quercus shumardii Buckl.
Shumard oak, Shumard's oak, Shumard red oak, Southern red oak
Faqaceae (Beech Familv)
USDA Native Status: Native to U.S.
Shumards oak is a pyraminal tree, growing 50-90 ft. and becoming more open at
maturity. Bark is thick, smooth and grayish, becoming furrowed and darker gray. The
columnar trunk is frequently buttressed at the base. Lower branches are chiefly
horizontal. Leaves frequently turning scarlet in the fall, up to 7 inches long, with 2 to 4
pairs of pointed lobes with soft, bristlelike tips. Sinuses between the lobes reaching from
1/2 to 3/4 the distance from the tip of the lobe to the leaf midrib. Acorns almost as wide
as long, 3/4 to 1 inch long when mature with a broadly rounded apex and a flat base.
A handsome shade tree, suggested as a substitute for Scarlet Oak (Quercus coccinea
Muenchh.), though not so hardy northward. Named for Benjamin Franklin Shumard
(1820-69), state geologist of Texas. Texas Oak (var. texana (Buckl.) Ashe), sometimes
considered a variety found in central Texas and southern Oklahoma, is currently more
often classified as a separate species, Quercus texana Buckl. It has small, usually 5-
lobed leaves, small acorns, and hairy red buds (instead of hairless brown). Shumard
oak is what can only be called a botanists species, usually unrecognized by lumberman
and layman, but an object of triumphant discovery to the botanical fraternity.
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Chilopsis linearis (Cav.) Sweet
Desert willow, Flowering willow, Willow-leaved catalpa, Trumpet flower
Biqnoniaceae (Trumpet-Creeper Familv)
USDA Native Status: Native to U.S.
Desert-willow is a 15-40 ft., slender-twigged, small tree or large shrub, often with
leaning, twisting trunk and open, spreading crown. Leaves are deciduous, willow-like,
light green, both opposite and alternate, 4-12 inches long and 1/3 inch wide. The
blossom is funnel-shaped, 1-1 1/2 inches long, spreading at the opening into 5 ruffled,
petal-like lobes. The flower is dark pink or purple, often with white or yellow and purple
streaks within the throat. The catalpa-like flowers are borne in terminal racemes. By
early autumn, the violet-scented flowers, which appear after summer rains, are replaced
by slender seedpods, 6-10 inches long, which remain dangling from the branches and
serve to identify the tree after the flowers are gone.
Named for its resemblance to willows, this popular ornamental tree is actually related to
catalpa trees, Yellowbells (Tecoma stans), and Trumpet vine (Campsis radicans). Its
exotic-looking blooms, rapid growth, drought tolerance, and ease of maintenance have
made it a sought-after plant within its range, which in nature is from south-central Texas
south to Nuevo Leon and Zacatecas in Mexico and west all the way to southern
California and Baja California. Adapted to desert washes, it does best with just enough
water to keep it blooming and healthily green through the warm months. Many cultivars
have been selected, with varying flower colors, leaf sizes, and amounts of seed pods.
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Muhlenbergia capillaris (Lam.) Trin.
Gulf muhly, Hair-awn muhly, Hairy-awn muhly, Hair grass, Pink muhly
Poaceae (Grass Familv)
USDA Native Status: Native to U.S.
Hairy-awn muhly or gulf muhly is a 1 1/2-3 ft., perennial grass with a large, airy, much-
branched seed head up to half as long as the entire plant. The spikelets are purple. In
fall the plant takes on a feathery, deep pink hue.
The genus of this plant is named for Gotthilf Heinrich Ernst Muhlenberg (1753-1815),
also Heinrich Ludwig Muehlenberg, or Henry Muhlenberg, who was a German-educated
Lutheran minister and the first president of Franklin College, now Franklin and Marshall
College, Pennsylvania. He is most famous due to his work in the field of botany. An
accomplished botanist, chemist, and minerologist, Henry is credited with classifying and
naming 150 species of plants in his 1785 work Index Flora Lancastriensis. Muhlenbergs
work and collaboration with European botanists led to great advances in the study of
plants and earned him the distinction as Americas first outstanding botanist.
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Vitex agnus-castus, also called Vitex, or Chaste Tree, is a native of the Mediterranean
region. It is one of the few temperate-zone species of Vitex, which is on the whole a
genus of tropical and sub-tropical flowering plants.
Cultivation
Vitex agnus-castus is widely cultivated in warm temperate and subtropical regions for its
delicate-textured aromatic foliage and lavender flowers in late summer. It grows to a
mature height of 8 to 12 feet in about 5-6 years, and grows as high as 15 feet. It
requires full sun or partial shade along with well-drained soil. Under ideal conditions it is
hardy to USDA Zone 7, and thrives in our Texas heat.
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WEEPING LOVEGRASS Eragrostis curvula
Weeping Lovegrass is a warm season, perennial bunchgrass. It grows to a height of 2-
4 feet (winter seed head) and has 1/4" leaves of 10 to 20 inches in length. The long
folding leaves suggest is name "weeping". Over a years time a single plant can grow to
a diameter of 12-15 inches. Lovegrass was imported from South Africa in the late
1920's, but does extremely well here. We seeded an area early late fall 2011 and the
area grew without regular irrigation.
Weeping Lovegrass grows best in the Southern Great Plains areas including Texas,
Oklahoma, Arizona, and in the Southern parts of New Mexico, Nevada and California
(east of mountains). Grows on almost any well-drained soil, but prefers the sandy
loams; also will grow on low fertility soils. Lovegrass responds well to fertilization. Used
for pasture (early spring /fall), hay, erosion control and for steep bank areas throughout
Western Plains and also used in transition zone of Eastern USA primarily for forage and
erosion control.
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'Hameln' dwarf fountain grass. Showy, silvery to pinkish-white, wheat-like flower spikes
arch outward from the clump in late summer like water spraying from a fountain.
Flowers that look like `feather-bristles' truly gives a fountain like appearance. 'Hameln'
features arching, deep green foliage in an upright mounded, clump typically growing to
24" tall.
Leaves are deep green in summer, changing to golden-bronze in fall and eventually to
beige in late fall. Foliage usually remains attractive throughout the winter. Flower spikes
turn brownish as the seed forms, and spikes persist until late fall or early winter before
shattering. Great cut flower for fall arrangements.
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