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07-22-2003 (City Council) Agenda Packet NOTICE OF MEETING -. ... WYLIE CITY COUNCIL AGENDA Tuesday, July 22, 2003 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 .;:.;..:..: ;: ,:; . . ;, a::ar ;e dered to:: e rouq ie::h the::..> :< :c l:> xr :b +meted b l,.m nder:::Ei�c:: Qnt::A eud.::.::::�::: .:::::::::::.::::::<�::::::>:::::::::::::.�.::::::::.� :. . ;:�.�:.:::: :.::.. ;; ; . >:::::.. >: . of these items;::If discusss�►n:::desi`.ed that atenrwill->be removed :.There::w�>� <::. ::::� .�t'a�:d�seu ..:::::#�±e. .::::::::.:................::::::::::::::::::::::::::::...........:.::;;;: ; : :.........:.:: : :fxQ :;#i►e< Agenviasnd'itr1 .beeaisoee+ed;;#op. :: ::::y::: ::.:::::::::............................................ A. Approval of the Minutes from the Regular Meeting of July 8, 2003 and Special Called Meeting of July 14,2003. B. Consider and Act upon Resolution #2003-14 (R) approving the Interlocal Agreement between the Cities of Allen, Frisco, Plano, and the City of Wylie for use of the Allen, Frisco, and Plano 800 MHz Trunked Communications System. C. Consider and act upon authorizing the City Manager to execute and award a contract to The Hogan Corporation, in the amount of$34,200 for engineering services related to the replacement of the west extension of the Muddy Creek regional sewer system. D. Consider and act upon authorizing the City Manager to execute and award a contract to The Hogan Corporation, in the amount of $46,500 for engineering services related to paving and utility improvements along Cotton Belt,Jackson, and Cooper Streets. E. Consider and act upon a Final Plat for Lot 1, Block A of the Chili's— F.M. 544 Addition, being all of a certain 1.628 acre tract of land and being a part of a called 45 acre tract, generally located north of FM 544 and east of Westgate Way, as described as Tract One in a deed to Sal Del Rey Properties in Volume 1663,Page 451 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the E.C.Davidson Survey,Abstract No. 266,City of Wylie, Collin County,Texas. Public Hearings 1. Hold the second of two Public Hearings for the annexation of a 17.419 acre tract of land out of the Francisco de la Pina Survey,Abstract 688, Collin County,Texas, and generally located south of Stone Road,east of Kreymer. Executive Summary This annexation is at the request of the property owner. Should the City Council approve the proposed annexation, the property will be zoned as A (Agricultural). In compliance with state law, staff has prepared the attached public hearing schedule. 2. Hold the second of two Public Hearings for the annexation of a.83 acre tract of land out of the James Truett Survey,Abstract 920, Collin County,Texas,and located at 520 N.Ballard. Executive Summary This annexation is at the request of the property owner. Should the City Council approve the proposed annexation, the property will be zoned as A (Agricultural). In compliance with state law, staff has prepared the attached public hearing schedule. Consideration and Action 3. Consider and Act upon authorizing the purchase of a new financial computer system from INCODE, INC. Executive Summary The City purchased its current computer system from CPS Systems(CPS)in August of 1992 for a total cost of$81,360.00. The system purchased from CPS consisted of various financial software modules, hardware and a cabling network only for use in the Finance Department. CPS went bankrupt in 2001 and United Systems Technology, Inc. now services their software. Incode is located in Lubbock, Tx. and is a wholly owned subsidiary of Tyler Technologies, Inc. Incode was founded in 1981 and began specializing in software and services for local governments in 1984. Their software is widely used by cities from a population of 2,000 to 100,000. Incode specializes in being the high quality vendor in the market for cities in the 5,000 to 50,000 population range. The major difference between the old finance system and the new system is that all city departments will have on line access to reports, initiate purchasing requisitions, submit time sheets and many other services. SSIO1Y :<; > > :::: ::<<:> ga <> > : :: << > >' < < ; > <: ::> > <>< <: << > >> >> • 1999 Bond Project Update • Sign Regulation Ordinance Work Session ....... .............. 4. Consider and act upon Ordinance No. 2003-14, adopting new sign regulations, repealing Ordinance number 2002-27 and repealing all conflicting ordinances. Executive Summary Last August,the City Council adopted new sign regulations. Two issues were specifically discussed at the council meeting regarding the new regulations. The first issue involved the appeal process. A question arose whether the Board of Adjustment had final authority over sign variances or if someone had a right to appeal the decision of the Board of Adjustment to the City Council. The second issue involved directional signs for residential subdivisions. The new ordinance only allowed for directional signs that were off-premise to be placed in the public right-of-way. The proposed ordinance attempts to resolve the two issues above as well as several other issues that staff feels should be changed See attached item for additional changes. Read Ordinance No. 2003-14 into the record. In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session,those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 18th day of July,2003 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 contacted. As a courtesy, this agenda is also pos to the City of ebsite at www.ci.wvlie.tx.us Date Notice Removed C e Ehrlich,City S The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. MINUTES Wylie City Council Tuesday, July 8, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Mayor Mondy called the meeting to order at 6:05 p.m. with the following Council members present: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman J. C. Worley, Councilman Merrill Young, and Councilman Randal Shinn. The following staff members were present: City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director,Brady Snellgrove; City Engineer,Chris Holsted;Planning and Zoning Director, Claude Thompson;Chief of Police, Jeff Butters;Library Director,Mignon Morse,and Public Information Officer,Mark Witter. 7 � '�`If31�8e`�)C�i:➢is��3F:PL� �.::::::::::::::::::::::. Mayor Pro Tern Hogue gave the invocation and Councilman Trout led the Pledge of Allegiance. There was no one present to address the Council. • Administer Oath of Office to newly appointed and reappointed Board and Commission members. City Secretary, Carole Ehrlich gave the Oath of Office to newly appointed and re-appointed Board and Commission members. Consent,. cons i ed:: o :::routine... >C y Co it and l be enacted:>by: ,Io : ;; .:::: ::discussion<: s;:desi •:that !! rill rc r+ed mate:::c��raess�n::o�::ts,.........:::::::::::::::::::::............ : : :::.:<.::::::.::;. ;: <�>'�'�±ere:.vr#i�..a±p�:be::..:.. ............:::.:::::::::::::::::::::.:...........:.: :::.:::::.::::::::..........:.::::::.::::::.:::::::........:.::.::::::::::::::::.::::::::::.........:.:.::::::.::::::::::.:..: A. Approval of the Minutes from the Regular Meeting of June 24,2003. B. Consider and act upon a Preliminary Plat for the New Hope Christian Church Addition, being all of a certain 12.734 acre tract of land generally located south of Brown Street (F.M. 3412) and east of Country Club Road (F.M. 1378), as recorded in a deed to New Hope Christian Church of Wylie in Volume 5237,Page 3267 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the E.C. Davidson Survey, Abstract No. 266,City of Wylie,Collin County,Texas. C. Consider and act upon a Replat of Lot 1R-1,Lot 1R-2 and Lot 1R-3,Block C,Woodlake Village Addition,being a certain 27.37 acre tract of land generally located north of State Highway 78 and west of Spring Creek Parkway, being a Replat of Lot 1, Block C, Woodlake Village Addition, as recorded in Cabinet G, Slide 385 of the Plat Minutes—July 8,2003 Wylie City Council Page 1 Records of Collin County,Texas (PRCCT),and being situated in the Francisco De La Pina Survey,Abstract No. 688,City of Wylie,Collin County,Texas. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilwoman Allen to approve the Consent Agenda with one correction to the minutes of June 24,2003. A vote was taken and passed 7-0. 1. Consider and act upon approval of a Resolution of the City Council of the City of Wylie,Texas,adopting the Park Boulevard alignment study. Staff Comments Mr. Chris Hoisted, City Engineer addressed the Council stating that the Collin County Engineering Department contracted with NTB Associates, Inc. to perform an alignment study for Park Boulevard. The alignment establishes another east-west route north of FM 544 and connects to Park Boulevard on the east side of Plano. Future improvements to the roadway include reconstruction and realignment to a 6-lane divided concrete section which starts at McCreary road to the west and ties into Spring Creek Parkway to the east as shown on the attached plans. Private developers and the Wylie Independent School District have recently constructed portions of the new alignment and adoption of the alignment will preserve the right-of-way and ensure construction of the roadway as development occurs along the route. A public meeting was held on July 25, 2002 at the City of Wylie to discuss alignment alternatives and to receive input on the options presented. Multiple routes were considered and a few changes were made to the preferred alignment based on the input received, which helped to reduce the number of structures affected. Collin County will be adopting the alignment during an upcoming meeting. Council Discussion Mayor Mondy had some questions concerning the existing easements. Mr. Hoisted stated that the existing right-of-way would be used where possible. Mayor Mondy asked about the cost of the project. Mr. Hoisted stated that he had no firm numbers but typically the cost was around$3.5 million per mile. The projected length of the project was 3 'h to 5 miles. The Mayor asked how much of the alignment was in the City of St.Paul. Mr.Hoisted stated that approximately 10%or less was actually in the City of St.Paul. Councilman Trout asked about the right-of-way width and how the corps would be affected with the alignment. Mr.Hoisted stated that the alignment was shifted to minimize corps the property takes. He stated that the first phase would likely establish some type of pavement along the alignment with the first improvements to 3-lane then ultimately to 6-lane. He also stated that the aerial easement over the tracks in the first phase would likely be''A of a bridge or 3-lanes. Council Action A motion was made by Councilman Trout, seconded by Mayor Pro Tem Hogue to approve Resolution No. 2003-13 (R) adopting the Park Boulevard Alignment Study. A vote was taken and passed 7-0. 'S ORK SESSIO .... • Discuss and consider Street Naming Policies The staff and council discussed the possibility of naming new streets in the city in honor of citizens who lost their lives in the Vietnam War and other war heroes. The consensus of the council was to have staff obtain more information and have another work session after which a policy would be presented as an action item. Minutes—July 8,2003 Wylie City Council Page 2 There being no further business, a motion was made by Mayor Pro Tem Eric Hogue, seconded by Mayor Mondy to adjourn the meeting at 6:30 p.m. A vote was taken and passed 7-0. John Mondy,Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—July 8,2003 Wylie City Council Page 3 MINUTES Wylie City Council Monday, July 14, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Mayor Mondy called the meeting to order at 6:00 p.m. with the following Council Members present: Councilwoman Reta Allen, Councilman Chris Trout, Councilman J. C. Worley, Councilman Merrill Young, and Councilman Randal Shinn Mayor Pro Tem Hogue was absent for the meeting. The following staff members were present: City Manager, Biff Johnson; Assistant City Manager, Mindy Manson;Finance Director,Brady Snellgrove;City Secretary, Carole Ehrlich,and Public Information Officer,Mark Witter. Il�T � .�.fiI�3 ;:PLDGQEF' tiEf�».;:..:..:::;:;::............................... . ................. ... Councilman Shinn gave the invocation. There were no citizens present to address the council. Mayor Mondy convened into Work Session at 6:03 p.m. • 2003/2004 Budget Overview Mr. Buff Johnson stated that the goal of the 2003-2004 Budget was to increase services as much as possible along with an increase in the fund balance.There was also some attention made to the requests of council pertaining to some tax reduction, land purchase for parks, and an increase in the streets fund. Mr. Johnson stated that all three of these areas, along with attention to increased services and fund balance had been addressed in the overview that would be presented tonight. He stated that by no means was the budget in its final form,but stated it was a general overview of where staff and council were in the process. Staff Discussion Mr. Brady Snellgrove addressed Council with a brief overview of the budget. Mr. Snellgrove stated that the overall tax roll for the 2003-2004 year had an increase of just over 189 million from last years tax base. He stated that in the proposed budget there were 11.5 new personnel positions that would be added to the General Fund to address some of the areas that were currently under staffed. He stated that there would be a reduction in the tax rate as presented and that no long term debt would be required. In the Utility Fund the FY 2004 fund included 3.5 new positions in the utility services area. He also stated that the revenues used to project fiscal year 2003-2004 were very conservative and the proposed budget was in balance as presented. Minutes—July 14,2003 Wylie City Council Page 1 Council Discussion Councilman Worley commented that he would like to see more attention given to the building_inspection area as he had some concerns and had heard from citizens requesting better service in those areas. Mr. Johnson stated that one new clerk would be added in the proposed new budget that would free up inspectors now servicing the counter areas for overflow. Mr. Johnson also stated that something would have to be reduced in another proposed area for more staff to be hired in building inspections. Mr. Johnson stated that there would be another upcoming budget workshop and asked Council to review the budget overview and contact him with any additional input. With not further comments,Mayor Mondy closed the Budget Overview Work Session at 6:20 p.m. In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated (Open Meeting Act), Section 551.074 Personnel Matters to deliberate the appointment,employment,evaluation,reassignment,duties,discipline,or dismissal of a public officer or employee;(City Manager's Evaluation) Section 551.071, Government Code. Meeting with city attorney concerning potential litigation and on a matter in which the duty of the city attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act. Mayor Mondy opened the Executive Session at 6:22 p.m. Take any action as a result of the Executive Session. Mayor Mondy reconvened the Open Meeting at 8:21 p.m. There was not action taken pertaining to the Executive Session. With there being no further business the meeting was adjourned at 8:22 p.m. John Mondy,Mayor ATTEST: • Carole Ehrlich,City Secretary Minutes—July 14,2003 Wylie City Council Page 2 WYLIE CITY COUNCIL AGENDA ITEM NO. B July 22, 2003 Issue Consider and Act upon Resolution#2003-14 (R)approving the Interlocal Agreement between the Cities of Allen, Frisco, Plano, and the City of Wylie for use of the Allen, Frisco, and Plano 800 MHz Trunked Communications System. Background On October 1, 2002 an Interlocal Agreement between the Cities of Allen,Frisco and Plano and the City of Wylie for the use of the Allen, Frisco, and Plano 800 MHz Trunked Communication System was signed by the Cities. Approval by City Council is required for this Interlocal Agreement and therefore it is placed on the agenda for such approval. Financial Considerations Rates and fees for this service will be renewed on an annual basis. Current fees are attached in the agreement. Other Considerations N/A Staff Recommendation Staff recommends the approval of this Resolution#2003-14 (R), approving the Interlocal Agreement. Attachments Resolution#2003-14 (R) Current Interlocal Agreement Prep a Re • ed by Finance City Man r Approval RESOLUTION NO. 2003-14 (R) A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF WYLIE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITIES OF ALLEN, FRISCO, AND PLANO, TEXAS AND THE CITY OF WYLIE FOR THE CITY OF WYLIE'S USE OF THE TRUNKED RADIO SYSTEM OWNED BY THE CITIES OF ALLEN, FRISCO, AND PLANO; AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENT BY THE CITY MANAGER OR, IN HIS ABSENCE, AN EXECUTIVE DIRECTOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes governmental entities to contract with each other to perform government functions and services under the terms thereof; and WHEREAS, the City Council of the City of Wylie, Texas has been presented a proposed Interlocal Cooperation Agreement by and between the Cities of Allen, Frisco, and Piano, Texas, and the City of Wylie attached hereto as Exhibit "A", providing terms and conditions for the use of the Cities of Plano, Allen, and Frisco's trunked radio system by the City of Wylie; and WHEREAS, the proposed Agreement serves a valid public purpose of interest to the City of Wylie, in that the use of the radio system allows emergency personnel to communicate thereby protecting the health, safety and welfare of residents; and WHEREAS, upon full review and consideration of the Agreement, and all matters attendant and related thereto, the City Council of the City of Wylie, is of the opinion that the terms and conditions of the Agreement should be approved, and that the City Manager or, in his absence, an Executive Director should be authorized to execute the Agreement on behalf of the City of Wylie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THAT: Section I. The terms and conditions of the Agreement, having been reviewed by the City Council of the City of Wylie, are hereby in all things approved. Section II. The City Manager or, in his absence, an Executive Director, is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Wylie, substantially according to the terms and conditions set forth in the Agreement. Section III. This Resolution shall become effective from and after its passage. Resolution 2003-14(R)page 2 DULY PASSED AND APPROVED this the 22"d day of July, 2003. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Richard Abernathy, City Attorney Resolution 2003-14(R)page 2 AGREEMENT BETWEEN THE CITIES OF ALLEN, FRISCO, PLANO AND THE CITY OF WYLIE FOR USE OF THE ALLEN, FRISCO, AND PLANO 800 MHz TRUNKED COMMUNICATIONS SYSTEM The CITIES OF PLANO, TEXAS, ALLEN, TEXAS, AND FRISCO, TEXAS, all municipal corporations, (hereinafter referred to as "Cities"), and the CITY OF WYLIE, TEXAS, a home-rule municipality (hereinafter referred to as "WYLIE"), agree as follows: WHEREAS, the Cities and Wylie are political subdivisions within the State of Texas, each of which engages in the provision of governmental services for the benefit of their citizens; and WHEREAS, the Interlocal Cooperation Act under Chapter 791 of the Texas Government Code (the "Act") provides authority for local governments of the State of Texas to enter into Interlocal agreements with each other regarding governmental functions and services as set forth in the Act; and WHEREAS, the cities of Allen, Frisco, and Plano jointly own, operate, and maintain an 800 MHz trunked communications system exclusive of the radios owned individually by each city (hereinafter referred to as "System") for the purpose of providing radio communications in support of its governmental operations; and WHEREAS, Wylie wishes to use certain portions of the System for its governmental operations; and WHEREAS, the use of the System in the provision of governmental services benefits the public health and welfare, promotes efficiency and effectiveness of local governments, and is of mutual concern to the contracting parties; and WHEREAS, Wylie and the Cities have current funds available to satisfy any fees and costs required pursuant to this Agreement. NOW, THEREFORE, the Cities and Wylie, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 1 A:Standard Interlace!Agreement TERM The initial term of this Agreement begins on October 1, 2002 and ends on September 30, 2003. Thereafter, this Agreement will automatically renew each year without further action by the respective City Councils for a total of five (5) successive one (1) year terms that commence on October 1 of each year and end on September 30 of the year following each such respective renewal, unless terminated by either a majority of the Cities or Wylie as set forth herein. II. OBLIGATIONS OF WYLIE 2.01 Wylie shall use the System in accordance with this Agreement to provide integration of communications by Wylie between its users on the System for governmental operations. 2.02 When using the System, Wylie shall abide by all applicable federal and state laws and regulations, including any regulations of the Allen, Frisco, and Plano Radio System. When Wylie uses the System for interoperability with Talkgroups other than those provided for by this Agreement, Wylie will also abide by the user rules of those Talkgroups. 2.03 Wylie must provide a written request to the System Manager to activate radios on the System. Such request must include the model and serial number of the radio, the name of the user, and identifying Talkgroups required in the radio. 2.04 Wylie is responsible for furnishing all its radios, which are compatible with the 800 MHz SmartNet Trunking system, and for the maintenance of the same. III. OBLIGATIONS OF CITIES 3.01 The Cities will ,lease to Wylie three (3) Talkgroups, which are a primary level of communication for users on the System (hereinafter referred to as "Talkgroup"), comparable to a channel on a conventional radio system, for the exclusive use of Wylie. Talkgroups will be established for Wylie by Piano. 3.02 The Plano System Manager will not activate radios on Wylie Talkgroups nor make changes to Wylie radios without first receiving Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco,and Plano 800 MHz Trunked Communications System Page 2 A:Standard Interlocal Agreement authorization from the designated representative of Wylie, unless in the opinion of Plano, such action is necessary to eliminate harmful interference. 3.03 Plano is also responsible for: (1) Coordinating Talkgroups into announcement groups; (2) Grouping of Talkgroups to allow transmitting and receiving on all associated Talkgroups (Announcement group), as required by Wylie; (3) The operation, maintenance, and control of the System. Iv. FEES The fees assessed against Wylie and due annually for services and use of the System are as follows: (1) *Lease radio airtime (per radio, per month) $7.50 (2) Lease Talkgroup (per Talkgroup, per month) $55.00 (3) Contract services (per month) $84.00 *Includes Two Announcement Groups None of the charges listed above include the cost of maintenance of mobiles, portables, or control stations/points. The Cities may increase these fees at the beginning of each renewal period by an amount not to exceed seven percent (7%) of the previous year's fees. The Cities will provide 120 days notice to Wylie before increasing the fees. Total Fees for Annual Service The Cities will calculate the annual fee due based upon seventy-two (72) current radio units in service and three (3) Talkgroups. This amount is subject to change when Wylie adds or deletes the number of radios and/or Talkgroups in service. Wylie must notify Allen, Frisco, and Plano in writing of any addition or deletion of radios and/or Talkgroups. Interlocal Agreement Between the Cities of Allen, Frisco,and Piano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 3 A:Standard Interlocal Agreement V. PAYMENT DUE Wylie agrees to pay the Cities the annual fees specified under Article IV. within thirty (30) days of the receipt of the invoice. Should Wylie add radios or Talkgroups to the service within a term, Wylie agrees to pay the additional fee(s) due within thirty (30) days of invoice. All payments for expenses incurred as a result of the performance of this Agreement shall be made only from current revenues legally available to each respective party. VI. TERMINATION 6.01 Termination of this Agreement may occur by any of the following: (1) Either party may terminate this Agreement at any time by giving ninety (90) days advance written notice. Wylie shall pay for all fees incurred through the effective date of termination. (2) If the Cities permanently discontinue the operation of its System, this Agreement shall terminate on the date of discontinuance without further notice. (3) In the event of any default of any term, either party may forfeit this Agreement at its discretion if the default is not cured within ten (10) days of written notice. VII. RELEASE AND HOLD HARMLESS Each party does hereby agree to waive all claims against, release, and hold harmless the other party and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys fees, including all expenses of litigation or settlement, or causes of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this Agreement. In the event that a claim is filed, each party is responsible for its proportionate share of liability. VIII. IMMUNITY In the execution of this Agreement, none of the parties waive, nor shall be deemed hereby to have waived, its sovereign immunity or any legal or equitable Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 4 A:Standard Interlocal Agreement defense to any form of liability. The parties by entering into this Agreement do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. IX. ASSIGNMENT Wylie agrees to retain control and to give full attention to the fulfillment of this Agreement; Wylie cannot assign or sublet this Agreement without the prior written consent of a majority of the Cities. Further, Wylie cannot sublet any part or feature of the work to anyone objectionable to the Cities. Wylie also agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Agreement, does not relieve Wylie from its full obligations to the Cities as provided by this Agreement. X. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the Cities and Wylie, and supersedes all prior negotiations, representations and/or agreements, either written or oral. The parties may amend this Agreement only by written instrument signed by Wylie and the Cities, except that execution of an amendment for assignment or subletting only requires the signature of a majority of the Cities. XI. NOTICES Unless notified otherwise in writing, all notices required to be given to either party shall be in writing and delivered in person or sent by certified mail to the respective parties at the following addresses: Wylie Representative: Plano Representative: Director City Manager Public Safety Communications City of Wylie City of Plano 2000 Highway 78 North P.O. Box 860358 Wylie, TX 75098 Plano, TX 75086-0358 (972) 442-8120 (972) 941-7931 Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 5 A:Standard Interlocal Agreement Allen Representative : Frisco Representative : Police Chief Police Chief City of Allen City of Frisco 305 W. McDermott 8750 McKinney Road Allen, Texas 75013 Frisco, Texas 75034 (972) 727-0201 (972) 335-5502 XII. AUTHORITY TO SIGN/CITY COUNCIL AUTHORIZATION The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. Cities have executed this Agreement pursuant to duly authorized action of the City Council of Plano on 200_, the City of Allen on , 200_, and the City of Frisco on , 200_. Wylie has executed this Agreement pursuant to duly authorized City Council Resolution No. 2003-14 (R) dated July 22, 2003. XIII. SEVERABILITY The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party thirty (30) days written notice. XIV. VENUE • This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The parties agree that this Agreement shall be enforceable in Collin County, Texas, and, if legal action is necessary, exclusive venue shall lie in Collin County, Texas. Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 6 A:Standard Interlocal Agreement • XV. INTERPRETATION OF AGREEMENT Although this Agreement is drafted by the Cities, this is a negotiated document. Should any part of this Agreement be in dispute, the parties agree that the Agreement shall not be construed more favorably for either party. XVI. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XVII. SUCCESSORS AND ASSIGNS The parties each bind themselves, their respective successors, executors, administrators and assigns to the other party to this contract. Neither party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of all parties. EXECUTED this the 22nd day of July, 2003. CITY OF WYLIE, TEXAS BY: Anthony Johnson City Manager APPROVED AS TO FORM: Richard Abernathy, City Attorney Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 7 A:Standard Interlocal Agreement CITY OF PLANO, TEXAS BY: Thomas H. Muehlenbeck City Manager APPROVED AS TO FORM: Diane C. Wetherbee, City Attorney CITY OF ALLEN, TEXAS BY: Peter Vargas, City Manager APPROVED AS TO FORM: Peter G. Smith, City Attorney CITY OF FRISCO, TEXAS BY: George Purefoy, City Manager APPROVED AS TO FORM: Richard Abernathy, City Attorney Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco,and Plano 800 MHz Trunked Communications System Page 8 A:Standard Interlocal Agreement ACKNOWLEDGMENTS STATE OF TEXAS ) ) COUNTY OF ) This instrument was acknowledged before me on the day of , 200_, by ANTHONY JOHNSON, City Manager of the CITY OF WYLIE, TEXAS, a home-rule municipal corporation, on behalf of such municipality. Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the day of , 200_ by THOMAS H. MUEHLENBECK, City Manager of the CITY OF PLANO, TEXAS, a home-rule municipal corporation, on behalf of such corporation. Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the day of , 200_ by PETER VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a , on behalf of such Notary Public, State of Texas Interlocal Agreement Between the Cities of Allen, Frisco,and Plano and the City of Wylie to use the Allen, Frisco, and Plano 800 MHz Trunked Communications System Page 9 A:Standard Interlocal Agreement ACKNOWLEDGMENTS STATE OF TEXAS ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the day of , 200_ by GEORGE PUREFOY, City Manager of the CITY OF FRISCO, TEXAS, a , on behalf of such Notary Public, State of Texas Interlocal Agreement Between the Cities of Allen, Frisco, and Plano and the City of Wylie to use the Allen, Frisco,and Plano 800 MHz Trunked Communications System Page 10 A:Standard Interlocal Agreement WYLIE CITY COUNCIL AGENDA ITEM NO. C. July 22, 2003 Issue Consider and act upon authorizing the City Manager to execute and award a contract to The Hogan Corporation, in the amount of$34,200 for engineering services related to the replacement of the west extension of the Muddy Creek regional sewer system. Background The proposed Muddy Creek Regional Wastewater System connects the City of Murphy and the City of Wylie to the new regional Wastewater Treatment Plant (MCRWWTP) and shown on the attached display. Portions of the northwest, northeast and middle sections were constructed in 1998 prior to the development of Woodbridge Golf Course. Design for the extensions of these lines is complete and was funded in the 1999 Bond and is included in the sewer impact fees. Currently, the Muddy Creek Regional Wastewater System is largely owned by the City of Wylie. The Cities of Wylie and Murphy have approached the North Texas Municipal Water District (the District) about including the gravity sewer lines in the Muddy Creek system, which would transfer ownership and maintenance of the lines to them. Any money spent to date on the installation or design on the sewer lines would be reimbursed or credited to the Cities. Details of the contract are being discussed with the District and will be presented to Council at an upcoming meeting. Attached is a draft cost-capacity allocation table showing all line segments of the system and each Cities projected cost. The west extension is currently an 18-inch diameter sewer, however, future wastewater flows for Murphy and Wylie indicate that a 36-inch diameter sewer main will be necessary. The projected construction cost for the west extension is $456,000. Financial Considerations A summary of fees is shown below: Summary of Fees Design Phase $25,700 Bidding $2,000 Construction Phase $6.500 Total $34,200 . The 1999 Bond included $1,180,000 for the design and construction of the Muddy Creek Outfall Sewers and approximately $70,000 has been spent to date. Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Authorize the City Manager to execute and award a contract to The Hogan Corporation, in the amount of$34,200 for engineering services related to the replacement of the west extension of the Muddy Creek regional sewer system. Attachments Engineering services agreement from The Hogan Corporation. • C • It /145Q-- repared by Rev e ed by Finance City Ma er Approval WYLIE CITY COUNCIL AGENDA ITEM NO. D. July 22, 2003 Issue Consider and act upon authorizing the City Manager to execute and award a contract to The Hogan Corporation, in the amount of$46,500 for engineering services related to paving and utility improvements along Cotton Belt,Jackson, and Cooper Streets. Background Utility improvements along Cotton Belt, Jackson and Cooper were identified in the FY2003 budget. Recent development at the corner of FM 544 and Cooper Drive replaced approximately 300-feet of water line along Cooper and the proposed improvements include the replacement of the remaining 1,530 feet. Improvements along Cotton Belt and the adjacent alley include the replacement of 1,600 feet of 8-inch sewer line, 2,060 feet of 8-inch water line, and 1,250 feet of concrete curb and gutter. The City will re-asphalt the street using the yearly asphalt contract after the sewer and curb improvements are completed. The Jackson Street improvements include approximately 2,050 feet of 8-inch water line replacement. Financial Considerations A summary of fees is shown below: Summary of Fees Design Phase $35,000 Bidding $2,500 Construction Phase $9,000 Total $46,500 A summary of the funding sources is shown below: Summary of Funding(FY2003 Budget) Cotton Belt asphalt $156,000 Cotton Belt water line $125,000 Cotton Belt sewer line $118,000 Jackson water line $150,000 Cooper water line $110,360 Total $659,360 • Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Authorize the City Manager to execute and award a contract to The Hogan Corporation, in the amount of$46,500 for engineering services related to paving and utility improvements along Cotton Belt, Jackson, and Cooper Streets. Attachments Engineering services agreement from The Hogan Corporation. • Prepared by Re / ed .y Finance ity Ma ger pproval WYLIE CITY COUNCIL AGENDA ITEM NO. E. July 22, 2003 Issue Consider and act upon a Final Plat for Lot 1,Block A of the Chili's—F.M. 544 Addition,being all of a certain 1.628 acre tract of land and being a part of a called 45 acre tract, generally located north of FM 544 and east of Westgate Way, as described as Tract One in a deed to Sal Del Rey Properties in Volume 1663,Page 451 of the Deed Records of Collin County,Texas(DRCCT), and being situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas. Background The Final Plat under consideration will create a single lot totaling 1.628 acres to accommodate development of the Chili's Restaurant. The property is undeveloped and has never been platted, and zoned for Corridor Commercial (CC) uses. The anticipated restaurant use is allowed within the Corridor Commercial District. A Site Plan for this development was approved at the July 15,2003 Planning and Zoning Commission Meeting. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that time period". Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to issuance of a building permit. Other Considerations 1. The Final Plat substantially conforms to the Site Plan and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 2. The Plat provides primary access from F.M. 544 and Westgate Way, as well as an access easement to the property to the north with a driveway stub out. No access easement was provided to the east due to existing development and no median cut available for eastbound traffic. Board/Commission Recommendations On July 15, 2003, the Planning and Zoning Commission voted 5-0 to recommend approval of the Final Plat. Staff Recommendations Approval. Attachments Final Plat Prepared by evi d by Finance City Man r Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 1. July 22, 2003 Issue Hold the second of two Public Hearings for the annexation of a 17.419 acre tract of land out of the Francisco de la Pina Survey, Abstract 688, Collin County, Texas, and generally located south of Stone Road, east of Kreymer. Background This annexation is at the request of the property owner. Should the City Council approve the proposed annexation, the property will be zoned as A(Agricultural). Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings July 9, 2003 First Public Hearing July 21, 2003 Second Public Hearing July 22, 2003 Adoption of Ordinance August 12, 2003 Financial Consideration The current property tax rate for the City of Wylie is .715 per $100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.052 (h) (1) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Service Plan 1/\ Prepared evie by inance City Manager Approval ; �it1idill`ll ►�t f ME M'u11ii" %n lr .■ _ \ 1 NI I 1111!11■I11U�� fli 1411111111.11. i '� I iii�I i�� 11 _ Juip elfi n ►..iuuui S ■inu•uiuu••uuul �i. — ■F- II11 1 11111 111111 1 I I1111 NI 2 AIM .- J 1 0 Tiny MIM _ t -- ••:• � Subject Bu. - L! Property n ihil— It 'maw44, 111101%.*grldw ________1)11r- L Del----, — 414 iist L ..i (I ;p �f61ii E / I 1 _ 7 ri • 1 ifr 71 _ i, Fr---- - - c , — tE D A r / Iflll „:e ik4 lll 5 III�M // -I .---r � �iIi'jj I NWl/lll/l -6 71-_-_,----------,:, a mei : • =______ _____, .., ! j, . Lii i III, Er j_r_____, ....___ _w_i_r_np 0 Pi LOCATION MAP PROPOSED ANNEXATION CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 17.419 acres SURVEY, ABSTRACT & COUNTY: Francisco de la Pina Survey, Abstract 688, Collin County Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or-is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. WYLIE CITY COUNCIL AGENDA ITEM NO. 2. July 22, 2003 Issue Hold the second of two Public Hearings for the annexation of a .83 acre tract of land out of the James Truett Survey, Abstract 920, Collin County, Texas, and located at 520 N. Ballard. Background This annexation is at the request of the property owner. Should the City Council approve the proposed annexation, the property will be zoned as A(Agricultural). Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings July 9, 2003 First Public Hearing July 21, 2003 Second Public Hearing July 22, 2003 Adoption of Ordinance August 12, 2003 Financial Consideration The current property tax rate for the City of Wylie is .715 per $100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.052 (h)(1) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Service Plan A . 010 k Prepared b 'evie by by inance City Manager Approval IIIII1 .l IJ \ 1 1 177, i - 6\L I Subject _ - Property M_ 1wi1l1l1,11l1111•�0.. . ....., 1....„ 1 In e ic *4.------ Ili/ roiningoi!. - m ,.,,. - !\ , ,, i i i i_ �tatatifaUI■- `mow;r2 - -- —m,rII■IIIi I IA lta ��= b� t - ■111 E n`IIiraUII �11111!111111, S - -- -- -..a...- IIIPAIIIIII kr, .4Y „. =-.. ..-...÷7 Willloom"-- -En ` I_ I___ __•__`1M Ai .•• olll►\= stilt ■■ ■■ 110,141 is mi. . 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IIME 1111111 IP! *P' •• j■i V" ��t�:`►�4�`��o s�A�111�I111111N1 7, �• -sm. ♦ •,��.t/ ,pyo•. r i fir , s buns ►��0�� j ,�'.r�� lii LOCATION MAP PROPOSED ANNEXATION CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: .83 acres SURVEY, ABSTRACT & COUNTY: James Truett Survey, Abstract 920, Collin County Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie,but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. WYLIE CITY COUNCIL AGENDA ITEM NO. 3. July 22, 2003 Issue Consider and Act upon authorizing the purchase of a new financial computer system from INCODE, INC. Background The City purchased its current financial computer system from CPS Systems (CPS) in August of 1992 for a total cost of $81,360. The system purchased from CPS consisted of various financial software modules, hardware and a cabling network only for use in the Finance department. The system purchased was sized only for the software requirements of Finance. CPS went bankrupt in 2001 -and United Systems Technology, Inc. (USTI) purchased the software rights to CPS and continues to support the CPS software for the City. The server hardware is maintained by IBM and various local vendors service the other equipment and personal computers. INCODE, located in Lubbock, Texas is a wholly owned subsidiary of Tyler Technologies, Inc. INCODE was founded in 1981 and began specializing in software and services for local governments in 1984. The company has software installed at over 500 local governmental entities across the United States with 200 plus cities in Texas. Their software customers range in cities from 2,000 to 100,000 in population. INCODE specializes in being the high quality vendor in the market for cities in the 5,000 to 50,000 population range. InVision is INCODE's suite of 32 bit Windows-based software applications. InVision's Graphical User Interface (GUI) makes navigation in the software almost second nature for experienced Windows users. The GUI makes use of pull down lists boxes, radio buttons, combo boxes, tab controls and other user interface conventions familiar to Windows users. Staff feels that the use of the Windows GUI operating environment will greatly speed and enhance the training of employees. The new system proposed would include software programs that are new to our City. Among the new software capabilities staff will have access to are Human Resources Systems, Budget Preparation, Project Accounting, Miscellaneous Accounts Receivable, Fixed Assets and a GASB 34 Module. A major difference between the old finance system and the new system is that all city departments will have on line access. The departments will be able to review their budgets on-line, print budget reports, initiate purchasing requisitions, submit time sheets, etc. The departments in City Hall will have access to Finance by completing the existing DSL network in the building. Departments remote to City Hall will access the system through a dedicated server via the Internet. Following are some examples of tasks that could not be done with the old software but can now be accomplished with the new system: Staff can do time sheets on-line, Purchasing requisitions can be initiated on-line and approved on-line by multiple levels of approving authority, Utility Billing will be able to scan bar coded bill stubs into the collection system. Utility customers will have the option under an INCODE program to pay their utility bills on the Internet. All departments will have inquiry privileges only to their budget transactions. See the Agenda Attachment "Selection Process for New Financial System" for an overview of the vendor selection process. Financial Considerations The table below is a copy of "Section A — Investment Summary", a one-page summary of the contract pricing for the proposed new financial system. The source of the funding for this project is $200,000 from the 2001 Tax Notes. The items listed as Total Hardware & System Software are a one-time cost and the items listed under Maintenance will be recurring costs for each budget year. The one time costs under the contract for hardware, software, professional services and estimated travel is $177,535. The annual maintenance costs for hardware and software support is $20,634 and will be budgeted in FY2004. A Total Hardware&System Software 36,959 1,221 Total Applications Software In Vision License Fees 77,100 19,213 Total 3rd Party Product Software 1,797 200 Total Professional Services On-Site Assistance 29,280 Final Implementation 4,800 Project Management 5,000 Project Consulting 1,920 Data Conversion&Assistance 9,130 Estimated Travel Estimated Hardware Travel Expense 807 Estimated On-Site Assistance Travel Expense 8,108 Estimated Final Implementation Travel Expense 1,317 Estimated Project Consulting Travel Expenses 569 Estimated Data Conversion Assistance Travel Expenses 748 Board/Commission Recommendation N/A Staff Recommendation Staff feels that based upon the size of our city and our current and future needs that INCODE will provide the needed functionality and affordability that we desire. Staff recommends that Council authorize the City Manager to contract with INCODE to provide the City with a new financial software and computer system at a cost of $177,530. Attachments Selection Process for New Financial System INCODE Contract Prepare By Fina Dept. App oval City a er Approval Selection Process for New Financial System Finance Director In my experience with four different cities I have been through the formal RFP process to select a financial system three times. The formal process is very time consuming and usually the main role of the RFP is used for is to eliminate vendors. I know through experience with former financial systems and the current system what is needed at Wylie. To stay current with the developments in financial software I have attended TML and finance trade shows. I decided not to spend a great deal of time in writing an RFP, but to develop a set of criterion factors to evaluate which vendor would best fit Wylie. Listed below are the criteria in terms of Major Criteria or a Plus Criteria to our requirements. The lists are in order of priority. Major Criteria ❑ Range of Available Software ❑ Software Functions in a GUI Windows Environment ❑ City Financial Software Must Reside on City Servers ❑ Customer Service Reputation ❑ Affordability ❑ Vendor is Qualified on State QISV List ❑ Human Resource Software Plus Criteria o Strong Texas Client Base o Good Customer Retention Rate ❑ Data Conversion Experience with CPS Utility Billing System ❑ GASB 34 Software o Experience in Internet Payments Assistant Finance Director INCODE is a vendor I have been familiar with for several years. In 1997 they were on the short list for the selection of a new system at the City of Rowlett. The only reason that they were not chosen at that time was because we wanted to stay in a mainframe environment (AS400) rather than in a server environment. Had we been comfortable in a server environment, INCODE would have been our selection. Since that time I have developed a better understanding of the server environment and also feel that they are more stable and reliable than six years ago. INCODE has a large customer base around the state of Texas and the Metroplex. I called several cities locally and around the state. I did not receive a single negative comment from my conversations. Almost everyone was very positive about the customer service that they receive from INCODE and the timely manner in which that service is provided. There are at least 13 installations of INCODE in the Metroplex area and our next door neighbor, the City of Murphy, is one of the most recent installations. Some of the cities are smaller than Wylie but included in this number are cities closer to our size such as Cedar Hill, Benbrook, Flower Mound, Frisco, and the Colony. I also talked with the City of Abilene (115,119) and the City of Round Rock (60,086) that are utility customers only to get a feel for some larger customers. Their input was also only positive. Based upon previous experience and a review of current issues staff recommends that the INCODE financial applications be purchased. Staff feels that based upon the size of our city and our current and future needs that INCODE will provide the needed functionality and affordability that we desire. Section A - Investment Summary Contract ID# : 2003-0515 Prepared for: City of Wylie Contact Person: Brady Snellgrove Issue Date: 7/10/03 Address: 2000 Hwy 78 North Wylie, TX 75098 Salesman: TT-L.Midkiff Phone: (972)442-8100 Fax: (972)442-4302 Email: bsnellgrove@ci.wylie.tx.us Tax Exempt: Yes Fees Maintenance Total Hardware & System Software 36,959 1,221 Total Applications Software 77,100 19,213 In Vision License Fees Total 3rd Party Product Software 1,797 200 Total Professional Services On-Site Assistance 29,280 Final Implementation 4,800 Project Management 5,000 Project Consulting 1,920 Data Conversion &Assistance 9,130 Estimated Travel 807 Estimated Hardware Travel Expense Estimated On-Site Assistance Travel Expense 8,108 Estimated Final Implementation Travel Expense 1,317 Estimated Project Consulting Travel Expenses 569 Estimated Data Conversion Assistance Travel Expenses 748 Total Investment Summary 177,535 20,634 • . A ,. ....`.: •. .6 . , INCODE ... ..•,, • A TYLER TECHNOLOGIES COMPANY INCODE COPY . ....,,, , c...: . .. : ' :.-.1• . .,..-- . ,..--. -......".-.t.' CUSTOMER AGREEMENTS FOR THE ••. . „ CITY OF WYLIE, TEXAS • •y.„..-1,-,..-....4„..ar.: (.... • I • . . ..... . _ . . ,,,,,--.......-_---- .. • .. . . , . .. 7;1,1 ',,•1 , il, .,11. it t .. . • t ; .., 1,•. .,.,.........,---., :,..,. • ,....... -....,---•.... . . . .• „..............:. . . . . . - .. .• Prepared: July 10, 2003 . P i•. e:, . ''''. '1 ,...-",:' , '. , '', '?' il i 5:' • .: .- Ot ,' • t' , ' , !' 1 ' ! ,., • .., MU'- .... -- .................. 0 .•••••• - ' .'.' -. '0"'%•t'' . -`2,4ki.„*. t ..., „,, Nvik. ;, '',..„,_ .. * ' 4 e•wilek.,... ..r• • •. 6 Itirilir. It. 111 4 '•<„,„•,,,-. ,,,,..,.Jo 40 let 41.1."••••,,,. • • , alp i ,. * •. 0 ' 41411111 ,47..,rs,,4,,t•;.-.... 16 .ft• -.9' —-,7c-, -:::,/ ‘.,, •1,t.1------.- / i4, • • i ip . `....,.., .............,..411."/„....... . •.. (S\ it'N 441/e..9 i4 ,:.-•: '''.- ' . -- I. - -.. ,se'• -Ike - .• • , .... '-• , . V.)..)'*,,,.''% '1, ›r. - INCODE . , . , .. , ... , , . ., , . .-- .'.:"•4 .0 -- . . 5808 4th Street . . - • :*4. .',' ' • it Lubbock,TX 79416 4P*4 ..u':y..,.. . ... .. -4,, .. ''''V-,1'! ••141i'l.i.,i:,,qt'4'' S 800/646-2633 System Agreement Between INCODE 5808 4th Street Lubbock, Texas 79416 (800) 646-2633 (806) 797-4849 Fax AND City Wylie W lie 2000 Hwy 78 North Wylie, TX 75098 Phone: (972) 442-8100 Fax: (972) 442-4302 Rh\ INCODE A TYLER TECHNOLOGIES COMPANY AGREEMENT This agreement is entered into by and between Interactive Computer Designs, Inc, hereinafter referred to as INCODE, located at 5808 4th Street, Lubbock,Texas 79416; and; City of Wylie , hereinafter referred to as Client on, , 2003. INCODE and Client agree as follows: I. INCODE shall furnish the products and services as described in this Agreement, and Client shall pay the prices set forth in this Agreement. 2. This Agreement consists of this Cover and the following Attachments and Exhibits: Section A Investment Summary Section B INCODE Agreement Terms and Conditions Section C Exhibit 1 - Verification Test 3. The License Fees set forth in the Investment Summary are based on defined category levels. Place- ment within a category is based on the size of the organization serviced and measured by such factors as operating budget, number of employees, number of utility accounts, number of sworn officers, population of the entity, etc. IN WITNESS WHEREOF, persons having been duly authorized and empowered to enter into this Agreement hereunto executed this Agreement effective as of the date last set forth below. Client: City of Wylie INCODE: By: Signature Signa ure President Title Title 7/10/03 Date Issue Date Section A - Investment Summary Contract ID/l : 2003-0515 Prepared for: City of Wylie Contact Person: Brady Snellgrove Issue Date: 7/10/03 Address: 2000 Hwy 78 North Wylie, TX 75098 Salesman: TT-L.Midkiff Phone: (972)442-8100 Fax: (972)442-4302 Email: bsnellgrove@ci.wylie.tx.us Tax Exempt: Yes Y Fees Maintenance Total Hardware & System Software 36,959 1,221 Total Applications Software In Vision License Fees 77,100 19,213 Total 3rd Party Product Software 1,797 200 Total Professional Services On-Site Assistance 29,280 Final Implementation 4,800 Project Management 5,000 Project Consulting 1,920 Data Conversion &Assistance 9,130 Estimated Travel Estimated Hardware Travel Expense 807 Estimated On-Site Assistance Travel Expense 8,108 Estimated Final Implementation Travel Expense 1,317 Estimated Project Consulting Travel Expenses 569 Estimated Data Conversion Assistance Travel Expenses 748 Total Investment Summary 177,535 20,634 I Software License, Professional Services, and Maintenance Fees Estimated Estimated InVision Annual inVision INCODE On-Site On-Site Assistance Estimated Travel Maintenance Support Application Software Quantity License Fee Services Assistance Hours Fees Expenses Fee InVision Financial Applications 2,125 General Ledger 1 8,500 20 2,400 Budget Preparation 1 2 240 Check Reconciliation 1 1 120 General Ledger JE import 1 850 1 120 1 213 3 GASB Module with Adjustments and Reporting 1 4,500 14 1,680 Accounts Payable 1 5,750 20 2,400 1,4401,438 , 14 8 Purchase Orders 1 5,750 12 Fixed Assets 1 2,500 82 240 960 1,62525 Project Accounting 1 4,5001 875 PayrolVPersonnel 1 7'S� 40 4,800 938 Distributed Time Sheet Entry 1 3,750 16 1,920 Human Resources Systems Base Package 1 4,000 16 1,920 1,000 -Employee Management -Leave Tracking -Safety/Accident Tracking -Benefits Administration 438 Applicant Tracking 1 1,750 8 960 InVision Customer Relationship Management Applications 3,375 Utility CIS System 1 13,500 56 6,720 Service Order Management(included in CIS) N/C 8 960 960 1,438 Central Cash Collection 1 5,750 8 12 1, 0 1,438 Accounts Receivable 1 5,000 250 Form Printing Solutions Forms Overlay Qncludes 4 forms per suite) 1 1,500 N/A N/A 375 Secure Signatures 1 1,000 N/A N/A 250 Each Logo(scan and prepare for use) 1 125 N/A N/A Each Signature(scan and prepare for use) 1 125 N/A N/A interface Software 188 Datamatiic Handheld Meter-Reader Interface 1 750 N/A N/A Subtotal 77,100 244 29,280 8,108 19,213 Professional Services N/A Project Management 1 5,000 Project Consulting 1 16 1,920 569 N/A Final Implementation 1 40 4800 1,317 Total 77,100 5,000 300 36,000 7,355 19.213 WWII'.inende-ine.eonr 7/10/200)3 3 Conversion Services and Fees Conversion Programming Estimated On-Site Estimated On-Site Estimated Travel Total Conversion Data Conversion Fee Assistance Hours Assistance Fees Expenses Fee Utility CIS Master File 3,000 24 2,880 5,880 Transaction History 2,250 0 0 2,250 Consumption History-requires Trx History Conversion 1,000 0 0 1,000 Total 6,250 24 2,880 748 9,130 Please Note: Customer must supply data in ACSII file format with unpacked data fields. This data may be provided on DOS compatible 3.5"diskettes, 4mm DAT tape or CD OR UNIX compatible 1/4"streaming tape,in either TAR,CPIO,or"SMIT"backup formats,4mm DAT tape or CD. Customer must supply sufficient file descriptions and layout information for the data to be converted for each software application above. If the data is not supplied to INCODE in the above format,and dependent on the complexity of the data,INCODE may charge additional fees. Please Note: Please verify the files to be converted by INCODE. If all the files you have requested to be converted are not included in this agreement,then please notify INCODE immediately. 11T r'v.i ncorle-inc.corn 7/10/2003 Hardware, System Software, and Installation Fees Warranty Purchase upgrade Installation Estimated Travel Maintenance Description Quantity Price included Expenses Expenses Annual Maintenance Source Finance System Server: IBM X Series 235 Tower HS Power 1 8,000 IBM-36 mos on-site warranty Single 2.4 Ghz Xeon Processor Dual Processor Capable 1 GB PC2100 RAM 4-36.4 GB U160 SCSI HS HDD(RAID-5 108 useable disk space Hot Pluggable Drives CD-ROM Drive 10/100/1000 NIC ServeRAID 5i SCSI Contoller 40/80 GB DLT tape drive w/8 cartridges Redunent Hot-Swap Power Supply - 15"Black IBM Monitor • APC 1000 Battery Baclup 1 729 APC-24 month IBM Infoprint 1332N Laser Printer 1 1,300 IBM/1YR Depot Exchange (Dedicated Printer for Checks) 7X24 Available 35 PPM,64MB Memory Parallel interface,Eithemet 10/100 250 sheet duplex unit 1 375 Bar Code SIMM 1 230 3 year Next Day On Site repair 1 440 OEM Black MICR toner for HP4050 2 540 HP LaserJet 4300N 1 2,149 Hewlett Packard 45 PPM 80MB Memory 1200 dpi,600 sheet,PCL6,10/100ENET HP Color LaserJet 4600DN(C9661A) 1 3,445 17 PPM,96MB 600 Sheets,Duplex Printing Hewlett Packard IBM 4247-V03 Matrix Printer 1 3,800 IBM 1 year 7X24 Same Day 1100 CPS,Bar Code Enabled 3 Yr warranty available upon request Serial/Parallel Interface Intel 10/100 print server APC-lifetime product warranty,with 1 Year Maintenance(Includes Warranty) S2500 protection policy against 2nd Tracter Feed 1 240 hardware damage Installation/Configuration of System(hours) 36 4,248 807 HP JetDirect 10/100 I-port print server 1 285 3COM USRobotics 56K External Modem w/PC Antywhere 1 297 Warran., Purchase upgrade Installation Estimated Travel Maintenance Description Quantity Price Included Expenses Expenses Annual Maintenance Source Remote Connections to City Departments: 2.0 Ghx1z Xeon Processor 1 2,695 Dual Processor Capable 768 MB RAM Cisco 1710 dual enet security access router 1 1,150 Netgear FSM728 24-10/100 ports 2-10/100/1000 ENET Switch 1 525 Netgear FS116 16 port 10/100 ENET Switch 1 170 Cash Collection Equipment: Epson TM-9501I Receipt Validation Printer(Parallel)-(1,150 each) 3 3,450 690 INCODE-12 mos warranty Symbol Bar Code Scanner-(535 each) 3 1,605 321 INCODE-12 mos warranty APG Automated Cash Drawer-(350 each) 3 1,050 210 INCODE-12 mos warranty Estimated Installation 2 236 Total 32,475 4,484 807 1,221 Please Note: This hardware configuration includes Servers and PC's available at the time of this proposal. Due to the increased rate of obsolescence,INCODE reserves the right to substitute PC's and/or components of equal or greater value based on availability at the time of the order. INCODE reserves the right to charge a 25%restocking fee on cash drawers. , Third Party Proc..._ is and Services Purchase Estimated On Estimated Annual Warranty Description Quantity Price Site Hours On-Site Fees Maintenance Provider NiA AcuCorp Run Time(Windows)#users 20 797 N/A INCODE AcuCorp AcuServer Distributed Data Server Software-Limited(Less than 25 users) 1 1,000 1,797 200 Total www.ineode-in r.rom 7/10/2(103 INCODE A ,L(EEMENT TERMS AND CONDITIONS General Payment Terms b) Ownership of the software products, accompanying 1. Client will pay to INCODE an initial deposit upon documentation and related materials, and any modifications execution of this Agreement that equals 25% of the total and enhancements to such software products and any related amount as specified in this Agreement, not including Annual interfaces shall remain with INCODE. Software Maintenance, Third Party Software Maintenance, c) The software products are not licensed to perform functions and/or Hardware Maintenance fees; or processing for subdivisions or entities that were not 2. Client will pay a second installment to INCODE upon considered by INCODE at the time INCODE issued this delivery of the software products that equals 60% of the Agreement. Application Software License Fees and 75% of the System d) The right to transfer this license to a replacement hardware Software License Fees; system is included in this Software License Agreement. The 3. The remaining 15%balance of the total amount specified in cost for new media or any required technical assistance to this Agreement for all products and License fees shall be paid accommodate the transfer would be billable charges to Client. after (a) Client's verification of the software products as Advance written notice of any such transfer shall be provided outlined in Exhibit 1 of this Agreement, (b) Client's completion to INCODE. of its own validation process, or(c) Client's live processing. In e) Client agrees that the software products, any modifications no case, shall this period exceed thirty (30) days from live and enhancements and any related interfaces are proprietary to processing or one hundred-eighty (180) days from installation INCODE and have been developed as a trade secret at of the software. INCODE's expense. Client agrees to keep the software 4. Services shall be billed as delivered plus expenses and are products confidential and use its best efforts to prevent any due and payable net 30 days. misuse, unauthorized use or unauthorized disclosures by any party of any or all of the software products or accompanying Software License Agreement documentation. 1) Software Product License. f) If Client has made modifications to the software products, a) Upon Client's payment for the software products listed on INCODE will not support or correct errors in the modified the cover of this Agreement, for the license fees set forth in the software products, unless modifications were specifically Investment Summary, INCODE shall grant to Client and Client authorized in writing by INCODE. shall accept from INCODE a non-exclusive, nontransferable, g) Client may make copies of the software products for archive nonassignable license to use the software products and purposes only. Client will repeat any proprietary notice on the accompanying documentation for internal business purposes of copy of the software products. The documentation Client, subject to the conditions and limitations in this Software accompanying the software products may not be copied except License Agreement. for internal use. INCODE AI,.ZEEMENT TERMS AND CONDITIONS h) The term of the license granted by this Section shall be plan that will outline the reasonable steps needed to be taken perpetual. by INCODE and Client to resolve any issues presented in i) INCODE maintains an escrow agreement with an Escrow Client's notification to INCODE. Client may withhold payment Services Company under which INCODE places the source of only the amount actually in dispute until INCODE provides code of each major release. At Client's request, INCODE will the required written response, and full payment shall be add Client as a beneficiary on its escrow account. Client will be remitted to INCODE upon INCODE's completion of all invoiced the annual beneficiary fee by INCODE and is solely material action steps required to remedy the disputed manner. responsible for maintaining its status as a beneficiary. Notwithstanding the foregoing sentence, if INCODE is unable 2) License Fees. to complete all material action steps required to remedy the a) Client agrees to pay INCODE, and INCODE agrees to disputed manner because Client has not completed the action accept from Client as payment in full for the license herein, the steps required of them, Client shall remit full payment of the total sum of the INCODE license fees set forth in the invoice. Investment Summary. d) Any invoice not disputed as described above shall be b) The license fees listed in the Investment Summary do not deemed accepted by the Client. If payment of any invoice that include any tax or other governmental impositions including, is not disputed as described above is not made within sixty(60) without limitation, sales, use or excise tax. All applicable sales calendar days, INCODE reserves the right to suspend delivery tax, use tax or excise tax shall be paid by Client and shall be of all services under the Investment Summary, this Software paid over to the proper authorities by Client or reimbursed by License Agreement, the Professional Services Agreement, the Client to INCODE on demand in the event that INCODE is Maintenance Agreement and, if applicable, the Third Party responsible or demand is made on 1NCODE for the payment Product Agreement. thereof. If tax-exempt, Client must provide INCODE with 3) Verification of the Software Products. Client's tax-exempt number or form. a) At the Client's request, within thirty (30) days after the c) In the event of any disputed invoice, Client shall provide software products have been installed on Client's system, written notice of such disputed invoice to Attention: INCODE INCODE will test the software products in accordance with Controller at the address listed on the cover of this Agreement. INCODE's standard verification test procedure, by Such written notice shall be provided to INCODE within demonstrating to Client that the software products perform all fifteen (15) days. An additional fifteen (15) days is allowed for of the functions identified in Exhibit 1 of this Software License the Client to provide written clarification and details for the Agreement, which demonstration shall constitute Client's disputed invoice. INCODE shall provide a written response to verification that the software products substantially comply Client that shall include either a justification of the invoice or with INCODE's documentation for the most current version of an explanation of an adjustment to the invoice and an action the software products and functional descriptions of the t i INCODE AJItEEMENT TERMS AND CONDITIONS software found in INCODE's written proposal to Client. Upon e) INCODE shall correct any functions of the software such verification, Client shall pay the remaining balance in products which failed the standard verification testing or failed accordance with the payment terms listed in Section General to comply with INCODE's documentation for the most current Payment Terms or amended in any attached addendum. version of the software products and functional descriptions of b) At it's option, Client's own defined internal validation the software found in INCODE's written proposal to Client. If process to test the software to conform to all of the functions Client has made modifications to the software programs, identified in Exhibit 1 of this Software License Agreement, INCODE will not make such corrections, unless such which validation test shall constitute Client's verification that modifications were specifically authorized in writing by the software products substantially comply with INCODE's INCODE. documentation for the most current version of the software 4) Schedule of Verification. INCODE will install the software products and functional, descriptions of the software found in products and cause the same to be verified within sixty (60) INCODE's written proposal to Client. Upon such validation, days after Client makes available to INCODE the equipment Client shall pay the remaining balance in accordance with the into which the software product is to be loaded. INCODE shall payment terms listed in Section General Payment Terms or exercise reasonable efforts to cause the software products to be amended in any attached addendum. verified according to the schedule set forth in this paragraph, c)Notwithstanding anything contrary herein, Client's use of the but INCODE shall not be liable for failure to meet said software products for its intended purpose, shall constitute schedule if, and to the extent, said failure is due to causes Client's verification of the software products, without beyond the control and without the fault of INCODE. exception and for all purposes. 5) Limited Warranty. INCODE warrants that the then current, d) Verification or validation that the software products unmodified version of the INCODE Software Products will substantially comply with INCODE's documentation for the substantially conform to the then current version of its most current version of the software products and functional published Documentation. If the Software Products do not descriptions of the software found in INCODE's written perform as warranted, INCODE's obligation will be to use proposal to Client by Client shall be final and conclusive reasonable efforts, consistent with industry standards, to cure except for latent defect, fraud, and such gross mistakes that the defect. Should INCODE be unable to cure the defect or amount to fraud and the operation of any provision of this provide a replacement product, Client shall be entitled to a Agreement which specifically survives verification. In the refund for the license fee paid for application. THIS event said verification becomes other than final, or becomes WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES. inconclusive, pursuant to this paragraph, Client's sole right and TO THE MAXIMUM EXTENT PERMITTED UNDER remedy against INCODE shall be to require INCODE to APPLICABLE CONDITIONS AND , ALL OHER REPRESENTATIONS,WARRANTIES,ETHER correct the cause thereof. INCODE AJkEEMENT TERMS AND CONDITIONS • EXPRESS, IMPLIE D OR VERBAL, STATUTORY OR infringing software product, and upon termination,e p refund as the OTHERWISE, AND WHETHER ARISING UNDER THIS license fees HEREBY depreciated on a straight-liner the lbasis over a period of seven (7) AGREEMENT OR OTHERWISE AREyearsTHOUT LIMITATION, THE with such depreciation to commence on the execution of EXCLUDED, INCLUDING,OF(MERCHANTABILITY AND this Agreement. INCODE shall have no liability hereunder if IMPLIED WARRANTIESClient modified the software products in any manner without F FOR A PARTICULAR PURPOSE. the prior written consent of INCODE and such modification is 6) FITNESS Limitation of Liability. court(a) In the event that the software products are determined to determined by a of the on compeent jurisdiction infringement copyright or contributing infringe upon any existing United States patent trademark rights held by any other person or entity, INCODE would have beents revision of n avoided by products.use ofe the hregoi most current t shall defend and hold harmless Client a add is s broughtofficers, against INCODE's entire liability and Client's exclusive remedy with and employees from any claim or proceedings anycopyright, patent, Client and from any cost damages and expenses finally respect to any claims ofinfringement s rights the software Y property awarded against Client which arise as a result of any claim that trademark, art thereof, or use hereof. is based on an assertion that Client's use of the software products, any p products under this Software License Agreement constitutes an b) THE RIGHTS AND REMEDIES SET FORTH IN THIS infrin gement of any United States patent, copyright or SOFTWARE LICENSE AGREEMENT ARE EXCLUSIVE trademark provided that Client notifies INCODE promptly of AND IN LIEU OF OgXpRRESSEDTS AND IMPLIED RED OR any such claim or proceeding and gives INCODE full and OR WARRANTIES N comply ,authoritY, information and assistance to defend such STATUTORY, INCLUDING WITHOUT T LI ITATIOS THE claim or proceeding and further provided that INCODE shall WAa RTI CUES O R PURPOSE AND SYSTEM MERCHhave sole control of the defense of any claim or proceeding and A all negotiations for its compromise or settlement provided that IN In no eTIO sN.hall INCODE be liable for special, indirect, INCODE shall consult with Client regarding such defense. In c) lary damages, including the event that the software products are finally held to be incidental, consequential or without limitation any damages result exempting from loss of use, loss infringing and its use by Client is enjoined, INCODE shall, at fai election; (1) procure for Client the right to continue use of of data, interruption of of r businessins activitie netions or ilu use a lize itsize the software products; (2) modify or replace the software savings arising out pro ducts so that it becomes non-infringing; or (3) if software products. INCODE's liability for damages arising out se Agreement, sed procurement of the right to use or modification or replacement of this Software toLrt enncluding negligencte and strict liability, on a theory can not be completed by INCODE,terminate the license for the ofcontract i INCODE A`.AEEMENT TERMS AND CONDITIONS shall be limited to the INCODE license fees identified in the b) If any term or provision of this Software License Agreement Investment Summary. The license fees set forth in the or the application thereof to any person or circumstance shall, Investment Summary reflect and are set in reliance upon this to any extent,be invalid or unenforceable, the remainder of this allocation of risk and the exclusion of such damages as set Software License Agreement or the application of such term or forth in this Software License Agreement. provision to persons or circumstances other than those as to 7) Dispute Resolution. In the event of a dispute between the which it is held invalid or unenforceable shall not be affected parties under this Software License Agreement pertaining to thereby, and each term and provision of this Software License pecuniary damages or losses, the matter shall be settled by Agreement shall be valid and enforced to the fullest extent arbitration in accordance with the then prevailing rules of the permitted by law. American Arbitration Association. c) This Software License Agreement may only be amended, 8) No Intended Third Party Beneficiaries. This agreement is modified or changed by written instrument signed by both entered into solely for the benefit of INCODE and client. No parties. third party shall be deemed a beneficiary of this agreement, and d) Client should return an executed copy of this Agreement to no third party shall have the right to make any claim or assert INCODE. If the Agreement is not returned to INCODE within any right under this agreement. 90 days from the issue date, then such Agreement is subject to 9) Governing Law.This Software License Agreement shall be be voided and prices are subject to change. governed by and construed in accordance with the laws of 11) Cancellation or Termination. In the event of cancellation Client's state of domicile. or termination of this Software License Agreement, Client will 10) Entire Agreement. make payment to INCODE for all software products, services a) This Software License Agreement, including Exhibit 1 and and expenses delivered or incurred prior to the termination or the,functional description of the software products found in cancellation of this Software License Agreement. INCODE's written proposal to Client, represents the entire 12) Approval of Governing Body. Client represents and agreement of Client and INCODE with respect to the software warrants to INCODE that this Software License Agreement has products and supersedes any prior agreements, understandings been approved by its governing body and is a binding and representations, whether written, oral, expressed, implied, obligation upon Client. or statutory. Client hereby acknowledges that in entering into this agreement it did not rely on any representations or Professional Services Agreement warranties other than those explicitly set forth in this Software 1) Services Provided. INCODE shall provide some or all of License Agreement and the functional description of the the following services to Client: software products found in INCODE's written proposal to a) Installation as described in the Investment Summary; Client. INCODE A ...AEEMENT TERMS AND CONDITIONS b) Conversion of Client's existing data as set forth in the e) All requests for supporting documentation shall be made Investment Summary. Client is responsible for reading and within thirty(30) calendar days of invoice delivery. complying with INCODE's Conversion Statement. f) The rates for Verification Testing shall be the same as the a) Training/Implementation in the quantity set forth in the Trang/Implementation rates set forth in the Investment Investment Summary; Summary do not include d) Consulting/Analysis in the quantity set forth in the g) The rates listed in the Investment Summary Investment Summary; and any tax or other governmental impositions including, without e) Verification Testing as described in the Software License limitation, sales,use or excise tax. All applicable sales tax,use tax or excise tax shall be paid by Client and shall be paid over Agreement. to the proper authorities by Client or reimbursed by Client to 2) Professional Services Fees. a) Notwithstanding specific prices to the contrary identified in INCODE on demand in the event that INCODE is responsible the Investment Summary, all services will be invoiced in or demandClient must n INCODE e INCODE the with CClient's taxf exfempt tax- hourly increments as delivered, plus travel and other expenses, exempt, prov�d plus a 10% processing fee. Client agrees to pay INCODE for number or form. the actual amount of training provided. The Investment h) Payment he event of any disput d30)nvoicedClie tsshall provide of invoice. Summary reflects the estimated cost for the training proposed i) to be furnished by INCODE written notice of such disputed invoice to Attention: INCODE b) Upon the completion of each service day, or group of days, Controller at the address listed on the cover of this Agreement. INCODE will present a Daily Log. Client will sign the report Such written notie shall of be provided Client's dre t oo f INCODE E within indicating acceptance of the service day and its subsequent fifteen (15) calendardays billing, or noting reasons for Client's non-acceptance of such. additionalen clarification een andands is detailswed for�the disputed invoice. Thr the Client to provide is acceptance is final. written c) Client is not charged for travel time to and from the INCODE shall provide a written response to Client that shall Client's site. Only time spent on-site is billed as training time.; include either a justification of the invoice or an explanation of excluding those cases in which the Client requires the an adjustment eJ ssonable steps needed to be taken byon plan that will outline INCODE and Client INCODE trainer(s) to travel on the weekend, in which case the p Client will be billed for weekend travel time at a rate of$500 to resolve any i issues presentedrhhold payment Client'st of onloty ficationamo to per weekend day. INCODE. Clientmay nt d) Client agrees to pay all expenses related to transportation of actually in dispute until INCODE provides the required written Client's employees. response, and full payment shall be remitted to INCODE upon INCODE's completion of all material action steps required to INCODE AI,iLEEMENT TERMS AND CONDITIONS remedy the disputed manner. Notwithstanding the foregoing 5) Limitation of Liability. INCODE shall not be liable for sentence, if INCODE is unable to complete all material action inaccurate data in INCODE's application software which is the steps required to remedy the disputed manner because Client result of conversion of inaccurate data from the previous has not completed the action steps required of them, Client system. INCODE's liability for damages arising out of this shall remit full payment of the invoice. Professional Services Agreement, whether based on a theory of j) Any invoice not disputed as described above shall be deemed contract or tort, including negligence and strict liability, shall accepted by the Client. If payment of any invoice that is not be limited to the professional service fees identified in the disputed as described above is not made within sixty (60) Investment Summary. The client shall not in any event be calendar days, INCODE reserves the right to suspend delivery entitled to, and INCODE shall not be liable for, indirect, of all services under the Investment Summary, the Software special, incidental, consequential or exemplary damages of any License Agreement, this Professional Services Agreement, the nature. The professional service fees set forth in the Investment Maintenance Agreement and, if applicable, the Third Party Summary reflect and are set in reliance upon this allocation of Product Agreement. risk and the exclusion of such damages as set forth in this 3) Training Environment. If training is being conducted at Professional Services Agreement. the Client's site, the Client is responsible for providing a 6) Dispute Resolution. In the event of a dispute between the productive environment to conduct training. INCODE is not parties under this Professional Services Agreement pertaining responsible for its inability to conduct training or for to pecuniary damages or losses, the matter shall be settled by inadequate training arising due to interruptions and/or arbitration in accordance with the then prevailing rules of the unavailability of Client personnel to be trained. Time spent on- American Arbitration Association. site by INCODE that results in non-productive training time 7) No Intended Third Party Beneficiaries. This Professional beyond INCODE's control will be billed as training time. Services Agreement is entered into solely for the benefit of INCODE will make reasonable efforts to schedule training on INCODE and Client. No third party shall be deemed a dates requested by the Client. Trainers will be on-site beneficiary of this Professional Services Agreement, and no approximately noon Monday through noon Friday. This allows third party shall have the right to make any claim or assert any appropriate travel time to and from the Client's site. right under this Professional Services Agreement. 4) Additional Services. Services utilized in excess of those set 8) Governing Law. This Professional Services Agreement forth in the Investment Summary and additional related shall be governed by and construed in accordance with the laws services not set forth in the Investment Summary will be billed of Client's state of domicile. at INCODE's then current market rate for the service as they 9) Cancellation or Termination. In the event of cancellation are incurred. or termination of this Professional Services Agreement, Client will make payment to INCODE for all services and expenses 1 INC ODE AuftEEMENT TERMS AND CONDITIONS delivered or incurred prior to the termination or cancellation of Annual Software Maintenance Agreement this Professional Services Agreement. 10) Entire Agreement. 1) Scope of Agreement. The Client agrees to purchase and a) This Professional Services Agreement represents the entire listed on DE on thegr coveres to provid of thiseAgre services ementfor in accordance with the the software products agreement of Client and INCODE with respect to the professional services and supersedes any prior agreements, following terms and conditions. Both parties acknowledge that greement s understandings and representations, whether written, oral, this Annualfor thefts are Mae intenance listed on the coverrof this expressed, implied, or statutory. Client hereby acknowledges Support and Licensing of updates of such installed software that in entering into this agreement it did not rely on any Agreement representations or warranties other than those explicitly set products.m of Agreement. This Annual Software Maintenance forth in this Professional Services Agreement. 2) b) If any term or provision of this Professional Service Agreement dbegiate nning upon thenfirstfiof the of Agreement or the application thereof to any person or INCODE and shall have a term circumstance shall, to any extent, be invalid or unenforceable, month six months after the installation of the INCODE Software the remainder of this Professional Services Agreement or the and ending upon the last day of the month one year following application of such term or provision to persons or that date. circumstances other than those as to which it is held invalid or a) Ts Annualrene for Software subsequent one-year terms unless either nance Agreement will unenforceable shall not be affected thereby, and each term and automatically the other partyat least thirty days prior written notice provision of this Professional Services Agreement shall be pof its givesy tent not to renew. Fees for subsequent years are subject valid and enforced to the fullest extent permitted by law. c) This Professional Services Agreement may only be to change. Client has not elected to participate in the INCODE f p amended, modified or changed by written instrument signed by bAnnual Software Maintenance Agreement, or elects not to both parties. shall acquire Software d) Client should return an executed copy of this Agreement to renew the maintenance in accordance, dan eet Client Se Section entitled "Support INCODE. If the Agreement is not returned to INCODE within 90 days from the issue date, then such Agreement is subject to Terms for lintsNotParticipating in the Annual Software be voided and prices are subject to change. MaintenanceAgreement 11) Approval of Governing Body. Client represents and 3) Payment. warrants to INCODE that this Professional Services Agreement a) Client agrees Summ pay ry for licensing 0e amount idenort tified in services, ae has been approved by its governing body and is a binding Investment described below. The licensing fee of the INCODE Software obligation upon Client. 1 t INCODE AI..CEEMENT TERMS AND CONDITIONS includes six month's maintenance from the time the Software not considered by INCODE when INCODE placed Client in is installed. The annual amount identified in the Investment the categories listed on the cover of this Agreement. Summary will become due the first of the month following six c) As long as a current Annual Software Maintenance months after the installation of the INCODE software. This Agreement is in place, this License may be transferred to payment is due and payable in accordance with Section another hardware system used for the benefit of Client. Client General Payment Terms or amended in any attached agrees to notify INCODE prior to transferring the licensed addendum. products to any other system. The cost for new media or any b) Additional Charges. Any maintenance performed by required technical assistance to accommodate the transfer INCODE for the Client, which is not covered by this Annual would be billable charges to the Client. Software Maintenance Agreement, will be charged at d) Client agrees that the software products are proprietary to INCODE's then current market rates. All materials supplied in INCODE and have been developed as a trade secret at connection with such non-covered maintenance or support plus INCODE's expense. Client agrees to keep the software expenses will be charged to Client. products confidential and use its best efforts to prevent any c) Support and services will be suspended whenever Client's misuse, unauthorized use or unauthorized disclosures by any account is thirty (30) calendar days overdue. Support and party of any or all of the software products or accompanying . services will be reinstated when Client's account is made documentation. current. e) If Client has made modifications to the software products, 4) Terms and Conditions for Licensing of Updates of the INCODE will not support the modified software products, Installed Software Products. unless modifications were specifically authorized in writing by a) Client is hereby granted the non-exclusive and INCODE. nontransferable license and right to use the additional versions f) Client may make copies of the licensed software products for of the installed software products listed on the Cover of this archive purposes only. The Client will repeat any proprietary Agreement which INCODE may release during the term of this notice on the copy of the software products. The Annual Software Maintenance Agreement. INCODE agrees to documentation accompanying the product may not be copied extend and Client agrees to accept a license subject to the terms except for internal use. and conditions contained herein for the installed software g) For as long as a current Annual Software Maintenance products. Agreement is in place, INCODE shall promptly correct any b) The installed software products listed are licensed for use functions of the software products which fail to substantially only for the benefit of Client listed on the cover of this comply with INCODE's documentation for the most current Agreement. The software products are not licensed to perform version of the software products. If Client has made functions or processing for subdivisions or entities that were modifications to the software products, INCODE will not make INCODE Ah(EEMENT TERMS AND CONDITIONS INCODE will make available appropriately trained authorized in writing by INCODE. such corrections, unless modifications were specifically personnel to provide Client additional training, program changes, analysis, consultation, recovery of data, conversion, 5 Terms and Conditions for Support. a) INCODE shall provide software related Client support non-coveragediem rate n plus expensese INCODE employs many CPAs rvice, etc., billable at the current during standard support hours. Currently, regular support perbut is not a board registered CPA�rm. hours are from 8:00am to 5:00pm Central Standard Time,Monday thru Friday, excluding holidays. Extended supportINCODE shall provide Client with on-line support through f) hours are from 7:00am to 8:00am CST and 5:00pm to 7:00pm thSu a of ct mmunicationiTerms for modem ts Not and softw gating in the CST, Monday thru Friday, excluding holidays. Incidents 6) PP We roblem calls) may be initiated via INCODE's toll free Annual Software our tware Ma l intenance oftware support fees Agreement. defined them as suhave pport line, via e-mail to INCODE's support group or via evaluated INCODE's support web-site during regular support hours. follows: - Software Support(phone, email, e-incode), During extended support hours, incidents must be initiated viaincluding bug fixes, e-mail to INCODE's support group or via INCODE's support 27% -Enhancements and Software Upgrades web-site. INCODE reserves the right to modify these support six months free hours as INCODE sees fit in order to better serve it's Client. The Software Licenseecial maintenance. If elects not Agreement includes in the INCODE Assistance and support requests which orequire ill betaken Annual Software Maintenance Agreement, Client shall receive assistance from INCODE's development group support on a Time and Materials basis following six months and directed by support personnel. b) IN CODE will maintain staff that is appropriately trained to after the INCODE Software is installed in accordance with e be familiar with the software products in order to render followinga) Clients not on Software Support Maintenance will receive assitance, should it be required. Support. c) INCODE will provide Client with all updates that INCODE the lowest priority fornot on SS ftwazee Support Maintenance will be may make to the then current version of the installed software required to purchase new releases of the Software. New products covered in this Agreement. d) Client acknowledges that the updates/enhancements may not Releases bi l include P clu re ort ng formats,e1099nts ndnupdates, suc h be compatible with Client's particular hardware configuration as,C tint not on Software Support Maintenance will be ax or operating system. Client acknowledges that additional c) d software maybe required at the Client's expense charged $175 per hour with a one-hour minimum for all hardware ansoftware support call in order to utilize the updates/enhancements. 1 1 INCODE Au.cEEMENT TERMS AND CONDITIONS d) Clients not on Software Support Maintenance will not be c) Software Training. granted access to INCODE's software support web-site. d) Responding to problems caused by bad data. e) Clients not on Software Support Maintenance are subject to e) Responding to problems caused by hardware. higher rates for training and continuing education performed by 0 Responding to problems caused by operator error. INCODE employees. This is due to the fact that the Client g) Responding to problems caused by software that is not may not be utilizing the most current version of our software. INCODE software. f) INCODE will not guarantee a program fix to a documented h) Responding to problems resulting from misuse, accidents, bug for software versions that are not the currently released Client neglect, fire, or any other cause not within INCODE's version. Since every Client is on Software Support reasonable control. Maintenance, often times, bug fixes are rolled into the latest i) Changes made to the INCODE Software by someone other release and then sites are upgraded to the latest release of the than INCODE personnel. software. j) Any other services performed by INCODE not otherwise g) If a Client decides to discontinue Software Support specifically provided for in this Agreement, including but not Maintenance and then wants to reinstate Software Support limited to, bank reconciliation, reconciling out of balance Maintenance, the Client must pay the 27% of the annual reports,balancing segments of the system, etc. software support maintenance fees for the Enhancement and 8) Limitations and Exclusions. The support and services of Software Updates, dating back to the date when the Client this Maintenance Agreement do not include the following: discontinued Software Support Maintenance. a) Support service does not include the installation of the Once again, INCODE feels any Client not on Software Support software products, onsite support, application design, and other Maintenance will not be satisfied with the level of support they consulting services, support of an operating system or will receive, which in turn, makes a dissatisfied Client. hardware, or any support requested outside of normal business INCODE prides itself on customer satisfaction, which is why hours. we strongly encourage every Client to purchase Software b) Client shall be responsible for implementing at its expense, Support Maintenance. all changes to the current version. Client understands that 7) Additional Services. The Services listed below are not changes furnished by INCODE for the current version are for included in the INCODE Software Maintenance Agreement. implementation in the current installed software products These services shall be provided at INCODE's discretion and version, as it exists without customization or client alteration. will be billed on a Time and Materials basis at INCODE's 9) Client Responsibilities. current rates. a) Client shall provide, at no charge to INCODE, full and free a) Changes to print programs. access to the programs covered hereunder: working space; b) Software modifications. adequate facilities within a reasonable distance from the INCODE AuAEEMENT TERMS AND CONDITIONS equipment; and use of machines, attachments, features, or other riots, epidemic, war, government regulations, fire, power equipment necessary to provide the specified support and failure, acts of God, or other causes beyond its control. maintenance service. Such environment includes, but is not 12) Limitation of Liability. The liability of INCODE is limited to, use of the appropriate operating system at the hereby limited to a claim for a money judgment not exceeding version and release levels specified by INCODE and the fees paid by the Client for services under this Annual additionally specifies that the environment for any INCODE Software Maintenance Agreement. The client shall not in any software application requires the Client to have e-mail and event be entitled to, and INCODE shall not be liable for, Internet access. Client shall provide telephone lines, indirect, special, incidental, consequential or exemplary communications software specified by INCODE, and all damages of any nature. equipment necessary to use INCODE's on-line support. Client 13) Governing Law. This Annual Software Maintenance will be responsible for all additional costs incurred to the extent Agreement shall be governed by and construed in accordance such hardware and software does not conform to INCODE's with the laws of Client's state of domicile. specifications. 14) Entire Agreement. b) Client shall maintain a dialup, IP or VPN connection a) This Annual Software Maintenance Agreement represents through pcAnywhere, Citrix or Microsoft Terminal Services. the entire agreement of Client and INCODE with respect to the INCODE, at its option, shall use the connection to assist with maintenance of the software products and supersedes any prior problem diagnosis and resolution. This connection shall be agreements, understandings and representations, whether dedicated for the use of INCODE and shall not be shared with written, oral, expressed, implied, or statutory. Client hereby fax or interne connection line. acknowledges that in entering into this agreement it did not c) Client must maintain an active e-mail address capable of rely on any representations or warranties other than those receiving a 5 MB attachment. This e-mail account must be explicitly set forth in this Annual 'Software Maintenance accessible from a PC connected to the server hosting the Agreement. INCODE software applications. b) If any term or provision of this Agreement or the application d) Client must open firewall ports to enable access to thereof to any person or circumstance shall, to any extent, be INCODE's FTP server for program updates via Live Update. invalid or unenforceable, the remainder of this Annual 10) Non-Assignability. The Client shall not have the right to Software Maintenance Agreement or the application of such assign or transfer its rights hereunder to any party. term or provision to persons or circumstances other than those 11) Force Majeure. INCODE shall not be responsible for as to which it is held invalid or unenforceable shall not be delays in servicing the products covered by this Annual affected thereby, and each term and provision of this Annual Software Maintenance Agreement caused by strikes, lockouts, Software Maintenance Agreement shall be valid and enforced to the fullest extent permitted by law. INCODE A( .ZEEMENT TERMS AND CONDITIONS c) This Annual Software Maintenance Agreement may only be b) The remaining balance of the price of each item delivered to amended, modified or changed by written instrument signed by Client upon delivery of each product. both parties. c) In the event of any disputed invoice, Client shall provide d) Client should return an executed copy of this Agreement to written notice of such disputed invoice to Attention: INCODE INCODE. If the Agreement is not returned to INCODE within Controller at the address listed on the cover of this Agreement. 90 days from the issue date, then such Agreement is subject to Such written notice shall be provided to INCODE within be voided and prices are subject to change. fifteen (15) calendar days of Client's receipt of the invoice. An additional fifteen (15) days is allowed for the Client to provide Hardware and System Software Agreement written clarification and details for the disputed invoice. 1) Agreement to License or Sell Hardware. For the price set INCODE shall provide a written response to Client that shall forth in the Investment Summary (Hardware & System include either a justification of the invoice or an explanation of Software), INCODE agrees to license or sell and;deliver to an adjustment to the invoice and an action plan that will outline Client, and Client agrees to accept from INCODE the hardware the reasonable steps needed to be taken by INCODE and Client and system software products set forth in the Investment to resolve any issues presented in Client's notification to Summary. INCODE. Client may withhold payment of only the amount 2) License of Hardware. actually in dispute until INCODE provides the required written a) Upon Client's payment for the hardware listed in the response, and full payment shall be remitted to INCODE upon Investment Summary, for the license fees set forth in the INCODE's completion of all material action steps required to Investment Summary, INCODE shall grant to Client and Client remedy the disputed manner. Notwithstanding the foregoing shall accept from INCODE a non-exclusive, nontransferable, sentence, if INCODE is unable to complete all material action non-assignable license to the hardware and system software steps required to remedy the disputed manner because Client products and accompanying documentation and related has not completed the action steps required of them, Client materials for internal business purposes of Client, subject to the shall remit full payment of the invoice. conditions and limitations in this section. d) Any invoice not disputed as described above shall be 3) Price. Client agrees to pay INCODE and INCODE agrees to deemed accepted by the Client. If payment of any invoice that accept from Client as payment in full for the hardware and is not disputed as described above is not made within sixty(60) system software products, the price set forth in the Investment calendar days, INCODE reserves the right to suspend delivery Summary at the following manner: of all services under the Investment Summary, the Software a) Twenty-five percent (25%) of the price of all hardware and License Agreement, the Professional Services Agreement, the system software products listed in the Investment Summary Maintenance Agreement and this Hardware and System upon execution of this Agreement; and Software Agreement. INCODE Au.tEEMENT TERMS AND CONDITIONS 4) Costs and Taxes. INCODE or to have verified such data for accuracy, submission a) Unless otherwise indicated in the Investment Summary, the of erroneous data to INCODE or Client's failure to have price includes costs for shipment of and insurance while in completely prepared the Hardware's installation site prior to the transit for the hardware and system software products from the Hardware's actual delivery including, but not limited to, failure supplier's place of manufacture to Client's site. to have all electrical work and cable installation completed. b)The price listed in the Investment Summary does not include 8) Installation and Verification. If itemized in the Investment any tax or other governmental impositions including, without Summary, the price includes installation of the hardware and limitation, sales, use or excise tax. All applicable sales tax, use system software products. Upon the completion of installation, tax or excise tax shall be paid by Client and shall be paid over Client shall obtain from the installer a certification of to the proper authorities by Client or reimbursed by Client to completion, or similar document, which certification or similar INCODE on demand in,the event that INCODE is responsible document shall constitute Client's acceptance of the hardware or demand is made on INCODE for the payment thereof. If tax- and system software products. Such acceptance shall be final exempt, Client must provide INCODE with Client's tax-exempt and conclusive except for latent defects, fraud, such gross number or form. mistakes as amount to fraud and rights and remedies available 5) F.O.B. Point. Delivery of each hardware and system to Client under the paragraph hereof entitled Warranties. software product shall be F.O.B. Client's site. 9) Site Requirements. Client shall prepare the installation site 6) Schedule of Delivery. Delivery of each hardware and prior to the delivery of the hardware and system software. system software product shall take place according to mutually Client is solely responsible for and will furnish all necessary agreeable schedule, but INCODE shall not be liable for failure labor and material to install all associated electrical lines, CRT • to meet the agreed upon schedule if, and to the extent, said cables, and telephone lines for communication modems. Client failure is due to causes beyond the control and without the fault is responsible for installing all required cables. of INCODE. 10) Warranties. 7) Client Delays. If any act or failure to act by the Client delays ALL WARRANTIES RELATING TO THE HARDWARE INCODE's performance, INCODE shall be excused from AND SYSTEM SOFTWARE ARE PROVIDED DIRECTLY performance for an amount of time commensurate with the FROM THE HARDWARE MANUFACTURERS AND/OR delay caused by Client. Client acknowledges that its delay may SOFTWARE PUBLISHERS UNDER THE TERMS AND excuse INCODE from performance for an amount of time CONDITIONS OF THEIR RESPECTIVE WARRANTIES. greater than the delay caused by Client. Such delays by Client THE WARRANTIES SET FORTH IN THIS HARDWARE that may cause INCODE to delay performance include, but are AND SYSTEM SOFTWARE AGREEMENT ARE not limited to failure to have prepared any data in the form and EXCLUSIVE AND IN LIEU OF ALL OTHER RIGHTS AND format requested by INCODE,on or before the date specified by REMEDIES REPRESENTATIONS OR WARRANTIES g INCODE Av,AEEMENT TERMS AND CONDITIONS EXPRESSED, IMPLIED OR STATUTORY, INCLUDING settled byarbitration in accordance with the then prevailing WITHOUT LIMITATION THE WARRANTIES OF rules of the American Arbitration Association. Governing Law. This Hardware and System Software MERCHANTABILITY, FITNESS FOR A PARTICULAR 14) AND SYSTEM INTEGRATION. Agreement shall be governed by and construed in accordance PURPOSE the of Client's state of domicile. 11) Maintenance. There is no hardware maintenance provided withthe lawsCancellation l or Termination. Ini the event of cancellation pursuant to this Agreement. Hardware warranty and/or 15) maintenance is typically provided by the manufacturer or a or termination o this Hardware and o System Software r all Yp agree Agreement, Third Party. In situations where INCODE and the Client a ee that INCODE will provide hardware maintenance, such products and related services and expenses delivered or hardware ma intenance shall be governed by the terms of incurred prior to theSoftware termination Softwara or cancellation. Client may also of this INCODE's Annual Hardware Maintenance agreement. Hardware and Syste 12) Limitation of Liability. Client expressly assumes sole be Agreement.responsible forrestocking fees. and responsibility for the selection and use of the hardwareThis EntireH e and System Software Agreement representsspecial, indirect, incidental, consequential or exemplary system software. In no event shall INCODE be liable for the entire agreement of Client and INCODE with respect to the d s includingwithout limitation any damages resulting hardware an system understandingssoftwareproducts ductsrepresentations,and supersedes upe es any damages, prior agreements, ther from loss of use, loss of data, interruption of business activities ritten oral, expressed, implied, or statutory. Client hereby or failure to realize savings arising out of or in connection with in of the hardware and system software products. acknowledges t hat entering representations or warranties this agrothereement t t id flint the use relyon any INCODE's liability for damages arising out of this Hardware ose Software Agreement, whether based on a theory of explicitly set forth in this Hardware and System Software and System Agreement. contract or tort, including negligence and strict liability, shall software b) f anyterm orprovision of this Hardware and System person be limited to the price of the hardware and system prices set Software Agreement or the application thereof to any products set forth in the Investment Summary• P extent, be invalid or unnforceable, forth in the Investment Summary reflect and are set in reliance circumstance shall, to any f S upon this allocation of risk and the exclusion of such damages the remaindoer the a thlscaHard aref and System prov ision ofttware as set forth in this Hardware and System Software Agreement. A�ons or circumstances other than those as to which it is held eement 13) Dispute Resolution. In the event of a dispute between the p ot ed parties under this Hardware and System Software Agreement invalid or unenforceable this shall not beare affect d System, Software pertaining to pecuniary damages or losses, the matter shall be term and provision INCODE A ,.AEEMENT TERMS AND CONDITIONS Agreement shall be valid and enforced to the fullest extent b) In order for equipment to be eligible to be covered under permitted by law. this Annual Hardware Maintenance Agreement, the equipment c) This Hardware and System Software Agreement may only must be covered beginning 12 months after the installation date be amended, modified or changed by written instrument signed of the equipment and must remain under continuous coverage by both parties. on the Annual Hardware Maintenance Agreement d) Client should return an executed copy of this Agreement to 4) Equipment Maintenance Program Terms. INCODE INCODE. If the Agreement is not returned to INCODE within agrees to provide the maintenance on the equipment specified 90 days from the issue date, then such Agreement is subject to under this agreement in accordance to the following terms: be voided and prices are subject to change. a) In the event of equipment failure, INCODE will repair the 17) Approval of Governing Body. Client represents and defective equipment and provide the Client with "like or near warrants to INCODE that this Hardware and System Software like" equipment while the defective equipment is being Agreement has been approved by its governing body and is a repaired. binding obligation upon Client. b) Client shall notify INCODE of equipment failure. Upon notification, INCODE will ship via over-night service to the Annual Hardware Maintenance Agreement Client the appropriate loaner equipment. The Client shall 1) Scope of Agreement. For the prices set forth in the package the defective equipment in its original container and Investment Summary, Client requests to cover and INCODE ship the equipment to INCODE. agrees to cover the equipment specified on the cover of this c) Once the equipment is repaired, it will be shipped to the agreement in accordance with the following terms and Client. Upon receipt of the repaired equipment the Client shall conditions. INCODE requires all like-kind hardware to be ship the loaner equipment back to INCODE. The loaner covered (i.e. ALL cash drawers, ALL receipt printers, etc.). equipment should be shipped back to INCODE within two 2) Price. The Client agrees to pay the Annual Hardware days of receiving the repaired equipment. The Client agrees to Maintenance fee specified in this Agreement. INCODE pay daily rental fees to INCODE if the loaner equipment is not guarantees this fee for the term of the Annual Hardware shipped back to INCODE within the time frame specified. Maintenance Agreement. However, fees for subsequent years d) The Client is responsible for shipping cost related to are subject to change. shipping equipment to INCODE. INCODE is responsible for 3) Payment. Client agrees to pay the Annual Hardware shipping cost related to shipping equipment to the Client. Maintenance Agreement fee in accordance with the following 5) Definitions. The following definitions apply to the terms of terms: this Annual Hardware Maintenance Agreement: a) The Client will be invoiced 12 months after the initial installation of the hardware. } INCODE AJ, EEMENT TERMS AND CONDITIONS a) Loaner Equipment. Equipment loaned to the Client by as to which hereb lsand each term and provision unenforceable of shallhi Annual not be INCODE for use while the Client's equipment is being Hardware Maintenance Agreement shall be valid and enforced repaired. b) Like or Near-Like Equipment. Equipment compatible- ormin the c)the ThisulAnnual Hardware permitted Maint Maintenance Agreement may only be the Client's computer system and capable of performing tasks performed by the equipment being repaired. amended,modified or changed by written instrument signed by 6) Limitation of Liability. The liability of INCODE is hereby both parties.limited to that claim for the money judgment not exceeding the d) Client should If the A eement iscnot� _returned to INCODE wnthin t to fees paid by the Client for services under this Annual Hardware INCODE. gr such Maintenance Agreement. The Client shall not in any event be 90 days fron theissu need ate, ct theno hang Agreement is subject to entitled to, and INCODE shall not be liable for, indirect, be voidedprices special, incidental, consequential or exemplary damages of any Third Party Product Agreement 1) Agreement to License or nature. Sell Third Party Products. For 7) Governing Law. This Annual Hardware Maintenance Hardware Agreement shall be governed by and construed in accordance the price set forth in he Invest DE agrees ment Sumo mary ( or sell and 8) Entirea Agrea System Software), with the Client's state of domicile. deliver to Client, and Client agrees to accept from INCODE the Agement.a) This Annual Hardware Maintenance Agreement represents third party .products set forth in the Investment Summary• 2 cense of ird Party the entire agreement of Client and INCODE with respect to the ) Upon on Client's payment for the third party software products ftware Products. maintenance of the hardware and system software products anda) pfor the license set forth supersedes any prior agreements, understandings and listed in the Investment Summary,ODE shall grant feese Client and representations, whether written, oral, expressed, ied, or in thento this Client shall ent acceptmary,from INCODE a non-exclusive, statutory. Client hereby acknowledges that in enteringle agreement it did not rely on any representations or warranties nontransferable, is non assignabnd accompannse o use enta ion party and other than those explicitly set forth in this Annual Hardware softwarrelated materials for internal business purposes of Client, Maintenance Agreement. b) If any term or provision of this Agreement or the application subject oehe i conditions f o s and the li limitations inn this nproducts, thereof to any person or circumstance shall, to any extent, be b) p invalid or unenforceable, the remainder of this Annual accompanying third on and anufacturer related or materials, shall Hardware Maintenance Agreement or the application remain with the party term or provision to persons or circumstances other than those INCODE AtJA(EEMENT TERMS AND CONDITIONS c) The right to transfer this license to a replacement hardware Controller at the address listed on the cover of this Agreement. system is governed by the Third Party. The cost for new media Such written notice shall be provided to INCODE within or any required technical assistance to accommodate the fifteen (15) calendar days of Client's receipt of the invoice. An transfer would be billable charges to Client. Advance written additional fifteen (15) days is allowed for the Client to provide notice of any such transfer shall be provided to INCODE. written clarification and details for the disputed invoice. d) Client agrees that the third party software products are INCODE shall provide a written response to Client that shall proprietary to the third party manufacturer or supplier and have include either a justification of the invoice or an explanation of been developed as a trade secret at the third-party's expense. an adjustment to the invoice and an action plan that will outline Client agrees to keep the software products confidential and the reasonable steps needed to be taken by INCODE and Client use its best efforts to prevent any misuse, unauthorized use or to resolve any issues presented in Client's notification to unauthorized disclosures by any party of any or all of the third INCODE. Client may withhold payment of only the amount party software products or accompanying documentation. actually in dispute until INCODE provides the required written e) Client shall not perform decompilation, disassembly, response, and full payment shall be remitted to INCODE upon translation or other reverse engineering on the software • INCODE's completion of all material action steps required to products. remedy the disputed manner. Notwithstanding the foregoing f) Client may make copies of the software products for archive sentence, if INCODE is unable to complete all material action purposes only. Client will repeat any proprietary notice on the steps has not completedguired to remedy the the actiond tepseregmmaner red ofecause Client them, Client copy of the software products. The documentation accompanying the software products may not be copied except shall remit full payment of the invoice. for internal use d) Any invoice not disputed as described above shall be 3) Price. Client agrees to pay INCODE and INCODE agrees to deemed accepted by the Client. If payment of any invoice that accept from Client as payment in full for the third party is not disputed as described above is not made within sixty(60) products, the price set forth in the Investment Summary at the calendar rvices ys, undeODE r the Investment serves the Summaryt to s the Softwarepend very following manner: of all a) Twenty-five percent (25%) of the price of all third party License Agreement, thfedProfessional Services Agreement, arty the products listed in the Investment Summary upon execution of Maintenance Agreement uct this Agreement; and b)The remaining balance of the price of each item delivered to 4) Costs and Taxes. Client upon delivery of each product. a) Unless otherwise indicated in the Investment Summary, the c) In the event of any disputed invoice, Client shall provide price includes costs for shipment of and insurance while in written notice of such disputed invoice to Attention: INCODE INCODE AuAtEEMENT TERMS AND CONDITIONS transit for the third party products from the supplier's place of b) sufficient and adequate electrical circuits for the third party manufacture to Client's site. products; and b)The price listed in the Investment Summary does not include c)installation of all required cables. any tax or other governmental impositions including, without 9) Warranties. limitation, sales, use or excise tax. All applicable sales tax, use a) INCODE is authorized by the manufacturer or supplier of all tax or excise tax shall be paid by Client and shall be paid over third party software products listed in the Investment Summary to the proper authorities by Client or reimbursed by Client to to grant licenses or sublicenses to such products. INCODE on demand in the event that INCODE is responsible b) Unless otherwise noted in any attached addendum, INCODE or demand is made on INCODE for the payment thereof. If tax- warrants that each third party product shall be new and unused, exempt, Client must provide INCODE with Client's tax-exempt and if Client fully and faithfully performs each and every number or form. obligation required of it under the Third Party Product 5) F.O.B. Point. Delivery of each third party product shall be Agreement, Client's title or license to each third party product F.O.B. Client's site. shall be free and clear of all liens and encumbrances arising 6) Schedule of Delivery. Delivery of each third party product through INCODE. shall take place according to mutually agreeable schedule, but c) The parties understand and agree that INCODE is not the INCODE shall not be liable for failure to meet the agreed upon manufacturer of the third party products. As such, INCODE schedule if, and to the extent, said failure is due to causes does not warrant or guarantee the condition of the third party beyond the control and without the fault of INCODE. products or the operation characteristics of the third party 7) Installation and Verification. products. d) THE WARRANTIES SET FORTH IN THIS a) If itemized in the Investment Summary, the price includes THIRD PARTY PRODUCT AGREEMENT ARE installation of the third party products. Upon the completion of EXCLUSIVE AND IN LIEU OF ALL OTHER RIGHTS AND installation, Client shall obtain from the installer a certification REMEDIES REPRESENTATIONS OR WARRANTIES of completion, or similar document, which certification or EXPRESSED, IMPLIED OR STATUTORY, INCLUDING similar document shall constitute Client's acceptance of the WITHOUT LIMITATION THE WARRANTIES OF third party products. Such acceptance shall be final and MERCHANTABILITY, FITNESS FOR A PARTICULAR conclusive except for latent defects, fraud, such gross mistakes PURPOSE AND SYSTEM INTEGRATION. as amount to fraud and rights and remedies available to Client 10) Maintenance. It shall be the responsibility of Client to under the paragraph hereof entitled Warranties. repair and maintain the third party products after acceptance. 8) Site Requirements. Client shall provide: Support for Third Party Application Software is not provided a) a suitable environment, location and space for the by INCODE unless otherwise specified in this Agreement. installation and operation of the third party products; INCODE's responsibility is limited to delivering the Third INCODE AL.;EEMENT TERMS AND CONDITIONS Party Application Software and installing the software if termination or cancellation of this Third Party Product installation services are provided in this Agreement. Agreement. 11) Limitation of Liability. Client expressly assumes sole 15) Entire Agreement. responsibility for the selection and use of the Third Party a) This Third Party Product Agreement represents the entire Application Software. In no event shall INCODE be liable for agreement of Client and INCODE with respect to the third special, indirect, incidental, consequential or exemplary party products and supersedes any prior agreements, damages, including without limitation any damages resulting understandings and representations, whether written, oral, from loss of use, loss of data, interruption of business activities expressed, implied, or statutory. Client hereby acknowledges or failure to realize savings arising out of or in connection with that in entering into this agreement it did not rely on any the use of the third party products. INCODE's liability for representations or warranties other than those explicitly set damages arising out of this Third Party Product Agreement, forth in this Third Party Product Agreement. whether based on a theory of contract or tort, including b) If any term or provision of this Third Party Product " negligence and strict liability, shall be limited to the price of Agreement or the application thereof to any person or the third party products set forth in the Investment Summary. circumstance shall, to any extent, be invalid or unenforceable, The prices set forth in the Investment Summary reflect and are the remainder of this Third Party Product Agreement or the set in reliance upon this allocation of risk and the exclusion of application of such term or provision to persons or such damages as set forth in this Third Party Product circumstances other than those as to which it is held invalid or Agreement. unenforceable shall not be affected thereby, and each term and 12) Dispute Resolution. In the event of a dispute between the provision of this Third Party Product Agreement shall be valid parties under this Third Party Product Agreement pertaining to and enforced to the fullest extent permitted by law. pecuniary damages or losses, the matter shall be settled by c) This Third Party Product Agreement'may only be amended, arbitration in accordance with the then prevailing rules of the modified or changed by written instrument signed by both American Arbitration Association. parties. 13) Governing Law. This Third Party Product Agreement d) Client should return an executed copy of this Agreement to shall be governed by and construed in accordance with the laws INCODE. If the Agreement is not returned to INCODE within of Client's state of domicile. 90 days from the issue date, then such Agreement is subject to 14) Cancellation or Termination. In the event of cancellation be voided and prices are subject to change. or termination of this Third Party Product Agreement, Client 16) Approval of Governing Body. Client represents and will make payment to INCODE for all products and related warrants to INCODE that this Third Party Product Agreement services and expenses delivered or incurred prior to the has been approved by its governing body and is a binding obligation upon Client. INCODE Implementation Process Documentation VERIFICATION NOTICE To: Customer Name From: Project Manger Re: Certification of Phase Date: Date I hereby certify that the following Products or Modules have been delivered, installed and are performing live, as of Live Date,according to the specifications set forth in the Agreement: Products/Modules Application Application Application Application Any issues relating to the products must be delivered in writing to my attention prior to the end of the verification period(30 Days). We have thoroughly enjoyed working with everyone in Customer Name,and are looking forward to a very successful working relationship. This letter serves as your formal notice for the Transition to Support. • cc: Becky Stephens,Manager of Support Services Dyke Ellison, Manager of Implementation Dane Womble, Director of Client Services Sales Rep INCODE Billing Department 1 INCODE National Implementation INCODE Implementation Process Documentation EXHIBIT 1 -VERIFICATION TEST The verification tests detailed below will be conducted following the INCODE install and prior to the implementation. The tests arc performed using the INCODE Verification Database. This database contains general information applicable to all customers. Given this, the verification tests will not validate site specific functionally. Rather,the tests will prove the INCODE system is installed and performs base line functions. Customer specific functionality will be reviewed during the implementation phase when site-specific data will be built and applied against desired functionality. Each suite has a space where clients will be asked to initial certifying the verification has been accepted. Financial Suite: 1. View General Ledger Account Manager 2. View Budget Maintenance 3. View AP Vendor Manager 4. Find PO's in PO Inquiry 5. View Inventory Item Maintenance 6. View Fixed Assets Maintenance 7. View Deduction codes 8. View Pay Type codes 9. View Employee Manager 10. View HR Manager CIS Suite: 1. View Fee Schedule with Rate Tables 2. View Account Manager 3. View Contact and Property Consoles 4. View Bill Maintenance 5. View License Manager 6. View AR Customer Manager 7. View Permits Project Manager Court Suite: 1. View Citation Maintenance 2. View Fee Maintenance 3. View Offense Code Maintenance 2 INCODE National Implementation WYLIE CITY COUNCIL AGENDA ITEM NO. 4. July 22, 2003 Issue Consider and act upon Ordinance#2003-14, adopting new sign regulations,repealing Ordinance#2002- 27 and repealing all conflicting ordinances. Background Last August,the City Council adopted new sign regulations. Two issues were specifically discussed at the council meeting regarding the new regulations. The first issue involved the appeal process. A question arose whether the Board of Adjustment had final authority over sign variances or if someone had a right to appeal the decision of the Board of Adjustment to the City Council. The second issue involved directional signs for residential subdivisions. The new ordinance only allowed for directional signs that were off-premise to be place in the public right-of-way. The proposed ordinance attempts to resolve the two issues above as well as several other issues that staff feels should be changed. The proposed changes are clearly shown in the attachment. New wording has redline markings in the left margins as well as grayed text. Wording that has been deleted from the previous ordinance is contained in a balloon in the right margin. The issue regarding the final authority of the Board of Adjustment over sign variances has been addressed in the proposed ordinance by appointing the Construction Code Board as the body that would hear sign variances in the future. The applicant has the right to appeal a variance request that has been denied by the Construction Code Board to the City Council. Utilizing the Construction Code Board for sign variances would clarify the internal workings of variances since the Building Official acts as the staff liaison to the Construction Board. In the past, sign variances have been handled by the Board of Adjustment who has the Planning Director assigned as staff liaison. Since the Planning Department is not involved in the sign ordinance—with the exception of variance requests,the proposed change would help to smooth out the process of sign regulations and variances by allowing the Building Inspections Department to handle all aspects of permitting as well as variance requests. Additionally, the change should help because of the different criteria involved with granting variances to sign regulations and zoning regulations. With zoning variances, a variance can only be granted if a hardship is proven. Hardship is not required to be proven when granting a sign variance. The second issue has been addressed by removing right-of-way signs altogether. No signs would be allowed within the public right-of-way. A new section has been added,Temporary Directional Signs that allows directional sign to be placed at key points within the City. Temporary Directional Signs would have to be approved by the City Council and would be limited by a two year time period. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation N/A Staff Recommendation Approve the attached ordinance adopting new sign regulations. Attachments Copy of the new sign ordinance. Prepa Revie Os by! inance City Ma er Approval ORDINANCE NO. 2003-14 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING SIGN REGULATIONS FOR THE CITY OF WYLIE; REPEALING WYLIE ORDINANCE NO. 2002-27; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the City of Wylie, Texas ("Wylie") should adopt Sign Regulations as an ordinance; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to prevent potential traffic hazards resulting from the signs' distractions and locations; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to prevent nuisances and invitations to vandalism; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to avoid obstructions to police and citizen views as a means of crime prevention; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to avoid obstructions to emergency services; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to create a neat and orderly appearance throughout Wylie; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to create a gateway effect into commercial areas and neighboring residential areas; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to create a means of safely identifying a place of business and the services available on the premises without creating esthetic offenses and harm; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to support the L:\Agenda Packets 2003\07-22-03\attachments\Ordinance No.2003-14 Sign Ordinance.doc Page 1 general welfare of the citizens and to maintain the historically small town atmosphere during a time of growth by providing for a means to communicate information related to the residential community, civic activities and government; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to insure a noncommercial atmosphere in residential areas; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to maintain open spaces by setbacks; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to create appropriate and orderly commercial and residential atmospheres; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to maintain the privacy of the home and limit what an unwilling viewer must be exposed to relative to the enjoyment of the investment made in the home; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to enhance property values and psychological well-being for individuals and families; and WHEREAS, Wylie has complied with all notices and public hearings as required by law, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Repeal of Ordinance No. 2002-27 . Wylie Ordinance No. 2002-27 is hereby repealed. Such repeal shall not abate any pending prosecution for violation of the repealed Ordinance No. 2002-27, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of Ordinance No. 2002-27. SECTION 3: Sign Regulations Established. This Ordinance shall apply within the corporate limits of Wylie. The sign regulations for Wylie are attached hereto as Exhibit "A" and incorporated as if fully set forth herein. SECTION 4: Penalty Provision: Any person, firm, corporation or business entity violating this Ordinance, or as amended, shall be deemed'guilty of a misdemeanor, and L:\Agenda Packets 2003\07-22-03\attachments\Ordinance No.2003-14 Sign Ordinance.doc Page 2 upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savings/Repealing Clause: All provisions of any ordinance in conflict with this Ordinance are hereby repealed, 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 6: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 22nd day of July, 2003. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of Publication: L:\Agenda Packets 2003\07-22-03\attachments\Ordinance No.2003-14 Sign Ordinance.doc Page 3 SIGN REGULATIONS 1. Intent 1 2. Definitions 2 3. Administration 7 A. Permits 7 B. Applications 7 C. Work Started Without a Permit 7 D. Permit Revocable 8 E. Nonconforming Existing Signs 8 F. Inspection 8 G. Removal of Obsolete Signs 8 H. Removal or Repair of Dilapidated or Deteriorated Signs 8 I. Removal of Illegally Erected Signs 9 J. Removal Expenses 9 K. Variances 9 4. PROHIBITED SIGNS 11 A. Signs Imitating Traffic or Emergency Signs 11 B. Portable Signs 11 C. Signs Violating other Laws or Ordinances 11 D. Signs Attached to Trees or Utility Poles 11 E. Signs on Sidewalks,Curbs,Gutters or Streets 11 F. Moving, Flashing, Revolving or Color Changing Signs 11 G. Pole Signs 11 H. Off-Premise Signs 11 I. Signs Attached to or Painted on a Fence,Wall or Railing 11 "ATTACHMENT A" J. Signs Causing a Nuisance or Hazard Because of Illumination 11 K. Signs Advertising the Sale of a Vehicle 11 L. Signs Attached to a Vehicle 12 5. EXEMPT SIGNS 13 A. Nameplates 13 B. Building Identification/Memorial 13 C. Traffic 13 D. Signs Inside a Building 13 E. Changeable Copy 13 F. Movement Control Signs 13 G. Protective Signs 13 H. Government Signs 14 I. Holiday Lights and Decorations 14 J. Non-Illuminated Political Signs 14 K. Special Event or Public Announcement Signs 14 L. Garage Sale Signs 15 M. Home Improvement Signs 15 N. Temporary Religious Signs 16 O. Yard Signs 16 P. Zoning Signs 16 Q. Signs Held by Pedestrians 16 6. GENERAL SIGN REGULATIONS 17 A. Flags 17 B. Obscenity 17 C. Obsolete Signs 17 D. Maintenance of Signs 17 E. Wind Pressure and Dead Load Requirements 17 F. Obstructing Doors,Windows,or Fire Escapes 18 G. Placement of Advertising Matter 18 H. Signs Prohibited On or Over Public Property 18 I. Illumination of Signs 18 J. Searchlights 19 7. Attached Sign Regulations 20 A. Wall Signs 20 3. Maximum Sign Area 20 B. Secondary Attached Signs 20 C. Illumination of Attached Signs 21 D. Window Signs 21 E. Awning Signs 21 F. Projecting Signs 21 G. Canopy Sign 22 8. Monument Sign Regulations 23 A. Properties with Multiple Tenants 23 B. Properties with Single Tenants 23 C. Gasoline Pricing Signs 24 D. Material Regulations 24 E. Illumination 24 F. Model Home Signs 24 9. Other types of Signs 26 A. Menu Board Signs 26 B. Subdivision Entry Signs 26 C. Directory Signs 26 D. Institutional Signs 27 10. Temporary Skin Regulations 28 A. Development Skins 28 B. Real Estate Sign 28 C. Promotional Signage 29 11. TEMPORARY DIRECTIONAL SIGNS 30 SIGN REGULATIONS 1. INTENT A. Signs are an important component of the urban built environment, providing important information, and directions to community residents and visitors. However: 1. The uncontrolled proliferation of signs is hazardous to users of streets and highways within the City of Wylie and will adversely affect the safety and efficiency of the City's transportation network; and 2. Unless the location, number, setback, lighting, and size of signs are regulated, the scattering of the signs throughout the City would be detrimental to the preservation of scenic resources and so to the economic base of the City; and 3. The proliferation of signs in the City has an adverse affect on adjacent property values; and 4. The orderly and uniform regulation of signs is a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the City. B. Therefore it is the intent of these regulations: 1. To protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians, obstacles, other vehicles, and traffic signs; 2. To preserve, protect, and enhance areas of historical, architectural, cultural, aesthetic, and economic value regardless of whether they are natural or manmade; 3. To protect the value of adjacent and nearby properties, in particular, residentially zoned properties from the impact of lighting, size, height, movement, and location of signs; 4. To enhance the image of the City which is conveyed to tourists and visitors by controlling the location, number,and size of signs; 5. To integrate sign regulations more effectively with other regulations by establishing regulations for setbacks, height, and spacing to allow for lighting, ventilation, and preservation of views in a manner consistent with land uses in the various zoning districts; and 6. To preserve and enhance the appearance of the City and the public interest in aesthetics, and to control and reduce visual clutter and blight. CITY OF WYLIE SIGN REGULATIONS Page 1 2. DEFINITIONS Alter means to change the size, shape or outline, or type of sign or to change the electrical lighting, except for the replacement of lamps not brighter than the original or the replacement of a surface panel. Attach means to stick,tack, nail or otherwise affix a sign to any object;to paint, stencil, write, or otherwise mark on an object. Awning means an architectural projection that provides weather protection, identity and decoration, and is supported by the building to which it is attached. It is composed of a lightweight rigid or retractable skeleton structure over which a thin cover is attached which may be of fabric or other materials, and may be illuminated. Building means a structure which has a roof supported by columns, wall or air for the shelter, support,or enclosure of persons, animal or chattel. Building Official means the building official for the City of Wylie or his/her designee. Canopy means a roof-like structure which shelters a use such as, but not restricted to, a gasoline pump island, and is supported by either one or more columns or by the building to which it is accessory to and is open on two or more sides. Dilapidated or deteriorated condition means any sign: A. Where elements of the surface or background can be seen as viewed from the normal viewing distance (intended viewing distance), to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surface;or B. Where the structural support or frame or sign panels are visibly bent, broken, dented, or torn as to constitute an unsightly, hazardous or harmful condition; or C. Where the sign, or its elements, are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or the failure of a structural support); or D. Where the message or wording can no longer be clearly read by a person under normal viewing conditions; or E. Where the sign or its elements are not in compliance with the regulations of the National Electrical Code and/or the Uniform Building Code currently adopted by the City. Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs on the exterior surface of a building or structure. Facing or surface means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign. Flag means a piece of cloth, canvas, or other light fabric, usually rectangular in shape, containing a distinctive design or message which is used as a symbol or to signal or attract attention. CITY OF WYLIE SIGN REGULATIONS Page 2 Illuminated sign means any sign which has characters, letters, figures, or designs illuminated by electric lights, luminous tubes or other means that are specifically placed to draw attention to, or to provide night time viewing of, the subject matter on the sign face. Incombustible material means any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit, and will not continue to bum or glow at that temperature. Logo means any design or insignia of a company or product which is commonly used in advertising to identify that company or product. Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in a series,designed to move in the wind. Premises means a lot or unplatted tract, or a combination of contiguous lots and/or unplatted tracts of land where the lot, tract, or combination of lots and/or tracts is under single ownership and is reflected in the plat record of the City. Public Right-of-Way means a dedicated road or street including the easement for that road or street. Roof means any exterior surface of a structure that has a slope of less than 60 degrees and shall also include the top most portion of any structure. Searchlight means an apparatus capable of projecting a beam or beams of light in excess of 1 million peak candlepower. Sight Visibility Triangle means where one street intersects with another, the triangular area formed by extending two (2) curb lines a distance of forty-five (45) feet from their point of intersection, and connecting these points with an imaginary line,thereby making a triangle. If there are no curbs existing, the triangular area shall be formed by extending the property lines a distance of thirty (30) feet from their point of intersection and connecting these points with an imaginary line thereby making a triangle. Where a street intersects with an alley or driveway, the "sight visibility triangle" is the triangular area formed by measuring eight(8)feet to a point along the property lines and adjoining said points to form the hypotenuse of the triangle. Sign means any device, flag, banner, light, figure, picture, letter word, message, symbol, plaque, or poster visible from outside the lot on which it is located and designed to inform or attract the attention of persons not on that lot. Sign area means the actual area of a face of the sign, unless the sign is not of a regular (square, rectangle, triangle, circle) shape. In the case of an irregularly-shaped sign, the entire area within a single continuous perimeter forming the most applicable single regular shape enclosing the extreme limits of each sign shall be the "gross surface area." In the event two or more signs share a single structure, each sign or panel may be considered separately for square footage purposes, except that the combined footage of such signs cannot exceed the total square footage allowed for the sign. Sign, Attached means any sign attached to, applied on, or supported by, any part of a building (such as a wall, roof, window, canopy, awning, arcade, or marquee) which CITY OF WYLIE SIGN REGULATIONS Page 3 encloses or covers usable space. Neon tubing attached directly to a wall surface shall be considered a "wall sign" when forming a border for the subject matter, or when directing attention to the subject matter or when forming letters, logos, or pictorial designs. Sign, Banner means a temporary sign composed of cloth, plastic, paper, canvas or other light fabric. Sign, Changeable Message means a sign whose face is designed and constructed in a manner capable of changing messages through a system of removable characters or panels attached to the face of the sign or changed by electronic means. Sign, Development means a temporary on-site sign providing identification or information pertaining to a residential or commercial development and may include the builder, property owner, architect, contractor, engineer, landscape architect, decorator, or mortgagee, within that development, but shall not include a subdivision marketing sign. Sign, Directional means any on-site sign to direct the public to entrances, exits and services located on the property on which the sign is located. Sign, Directory means any sign listing occupants within shopping centers, industrial sites, retail districts, office districts and commercial sites. Sign, Garage sale means any temporary, on-site Promotional Sign for the sale of personal household goods in a residential zoning district or on the property of a nonprofit organization. Skin. Home Improvement means any temporary, on-site sign that displays the name of a roofing,fence, pool painting, landscape or other home improvement contractor. Sign, Incidental means any sign containing information incidental to the operation of the business such as but not limited to hours of operation, accepted credit cards and parking information. Sign,Inflatable means any hollow sign expanded or enlarged by the use of air or gas. Sign, Menu Board means a permanent on-site sign that displays a menu and pricing for food services and may include an audible speaker and microphone integral to the sign. Sign, Model Home means any sign identifying a new home, either furnished or unfurnished, as being a builder's or contractor's model open to the public for inspection. Sign, Movement Control means a sign providing direction or traffic flow information for persons or vehicles located the same premises as the sign. Movement Control Signs shall not advertise or otherwise draw attention to the premises, an individual, business, commodity, service, activity or product. Sign, Municipally-Owned means any sign that identifies a park, entrance to the City, place of interest within the City, any City sponsored event or any municipally-owned facility and is erected by or at the direction of a City official. A municipally-owned sign does not include traffic or street identification signs. CITY OF WYLIE SIGN REGULATIONS Page 4 Sign, Monument means any detached sign made from masonry, concrete materials, wood or plastic provided that a masonry or metal base is incorporated into the sign,with no separation between the base of the sign and grade. Sign,Obsolete means any sign that no longer serves a bona fide use or purpose. Sign, Off-Premise means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service or product not principally located or primarily manufactured or sold on the lot on which the sign is located. Sign, Pole means any sign erected on a vertical framework consisting of one or more uprights supported by the ground and where there is a physical separation between the base of the sign and the ground. Sign, Political means a temporary sign relating to the election of a person to public office, relating to a political party, or relating to a matter or measure to be voted on at an election called by a public body. Sign,Portable means a sign that is not securely connected to the ground in such a way that it cannot easily be moved from one location to another and is not a vehicular sign. Sign, Projecting means any sign which is attached to and supported by a building and which projects outward from the building and contains lettering or graphics which convey a message. Sign, Promotional means any type of temporary sign used for special promotions including, but not limited to, grand openings, anniversary celebrations, sales, and other such events. Promotional signs include, but are not limited to, banners, pennants, streamers, balloons,flags, bunting, inflatable signs and other similar signs. Sign, Protective means signs that identify or warn of any security devices located on the premises, including guard dogs. Sign, Reader board means any sign comprised of changeable letters that allows a , change of sign copy by adding or removing letters. The sign copy shall conform to the category use of the sign allowed by this Ordinance. Sign, Real Estate means any on-site temporary sign pertaining to the sale or rental of property and advertising property only for the use for which it is legally zoned. Sian, Secondary means a sign that is mounted to or that projects from a canopy or secondary roof over an entry to a building, but that does not project above the highest point of the building. Sign,Subdivision means a sign that identifies the name of the subdivision only. Sign, Temporary Religious means a sign that advertises the name of and provides direction to a religious organization or group that is temporarily operating in a school or other facility. Sign, Window means any sign, banner, poster or display located on the internal or external surface of the window of any establishment for the purpose of advertising services, products or sales available within such establishment or which announces the opening of such establishment. CITY OF WYLIE SIGN REGULATIONS Page 5 Sign, Yard mean any sign that publicizes the arrival of a newborn, a birthday, a personal special event or the participation of a family member in a school activity or sport. Yard skins shall also include skins that advertise the presence of a home security system. Sign Support means any pole, post, strut, cable or other structural fixture or framework necessary to hold and secure a sign, providing that said fixture or framework is not imprinted with any picture, symbol or word using characters in excess of one inch (1") in height, nor is internally or decoratively illuminated. Sign, Vehicular means any sign on a vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs being transported to a site for permanent erection. Sign, Zoning means any sign erected by the City of Wylie Planning and Zoning Department to publicize the request for zoning or rezoning of a property. Sign Setback means the horizontal distance between a sign and the front or side property line, as measured from that part of the sign, including its extremities and supports, nearest to any point on any imaginary vertical plane projecting vertically from the front or side property line. Wall means any exterior surface of a structure that has a slope of 60 degrees or more. Zoning District, Non-Residential means any zoning district designated by the Zoning Ordinance of the City of Wylie as NS, CR, BP, CC, I, PD, FP, DTH. Zoning District, Residential means any zoning district designated by the Zoning Ordinance of the City of Wylie as AG/28, SF-1A/26, SF-30/24, SF-20/21, SF-10/19, SF- 8.5/17,TH/15, MF, MH. • CITY OF WYLIE SIGN REGULATIONS Page 6 3. ADMINISTRATION The provisions of this Ordinance shall be administered by the Building Official. A. Permits 1. No sign shall be erected, constructed, relocated, altered, repaired or maintained except as provided in this Ordinance until a permit for such has been issued by the City of Wylie and the fee paid, except as otherwise provided in this Ordinance. Permit fees are contained in Appendix A of the Code of Ordinances. 2. A permit for a sign, shall expire if the work is not commenced within ninety (90)days from the date of such permit. 3. Electrical permit: Where signs contain electrical wiring and connections, an electrical permit must also be obtained in addition to the permit for the sign. No sign shall be erected in violation of the City's electrical code. 4. Not to Issue to Persons Previously Failing to Pay Fees: The City shall not issue a permit under the provisions of this Ordinance to any person, business, entity, organization or activity who has previously failed or refused to pay any fees or costs assessed against him under the provisions of this Ordinance. 5. Easements: No sign shall be located in any easement other than a landscape easement. B. Applications All applications for permits shall include each of the following: 1. A completed permit application. 2. A drawing of the proposed sign and all existing signs maintained on the lot and visible from the right-of-way. 3. A drawing of the lot plan or building facade indicating the proposed location of the sign, and specifications. C. Work Started Without a Permit No sign requiring a permit may be erected or installed without first having a permit. If any work for which a permit is required by this Ordinance has been commenced without first obtaining a permit the following shall apply: 1. Investigation. A special investigation to determine compliance shall be made before a permit may be issued for the work. 2. Investigation Fee. In addition to the permit fee, an investigation fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this City. The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this Ordinance nor from any other penalty prescribed by law. CITY OF WYLIE SIGN REGULATIONS Page 7 D. Permit Revocable 1. The City may suspend or revoke any permit issued under the provisions of this Ordinance whenever it shall be determined that the permit is issued: a. in error; or b. on the basis of incorrect or false information supplied; or c. in violation of any of the provisions of this Ordinance; or d. in violation any other Ordinance of this City or laws of this State or the Federal government. 2. The suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued,the sign owner, or to the property owner upon who's property the sign is located. 3. Any signs installed or existing under a revoked permit shall be removed by the permit holder, sign owner, or property owner within ten (10) days of written notice of the revocation. E. Nonconforming Existing Signs Any nonconforming skin and its supporting structure, which is destroyed, damaged, dilapidated or deteriorated, shall not be replaced, repaired or renovated, in whole or in part, if such replacement, repair or renovation would require an expenditure of monies in excess of sixty percent(60%) of the cost of a new skin, including its supporting structure, which is substantially the same or similar to the nonconforming skin destroyed, damaged, dilapidated or deteriorated. Temporary permits granted prior to the passage of this Ordinance - i Deleted:Every sign lawfully in shall be renewed onlyif the applicant complies with allprovisions of this existence on the date of passage of PP P this Ordinance may be repaired Ordinance. without applying for a permit hereunder,but no such sign or sign F. Inspection facing shall be altered or moved The Citymayinspect annually, or at such other times as he deems necessary, unless a permit be issued pursuant to Y rY the provisions of this Ordinance.In each sign regulated by this Ordinance for the purpose of ascertaining whether !the case where a sign facing is being the same complies withprovisions of this Ordinance, is secure or insecure, I rermitisplaced fortheuired.same business,a p �permit is not required. whether it still serves a useful purpose, and whether it is in need of removal or repair. G. Removal of Obsolete Signs Any sign which the City determines no longer serves a bona fide use or does not conform to this Ordinance shall be removed by the owner, agent or person having the beneficial use of the land, buildings or structure upon which the sign is located within ten (10) days after written notification to do so from the City. H. Removal or Repair of Dilapidated or Deteriorated Signs If the City shall determine that any sign exists in a dilapidated or deteriorated condition, or is a menace to the public, he shall give written notice to the person or persons responsible for the sign. The permit holder, owner, agent or person having the beneficial use of the premises shall remove or repair the sign within ten (10) days after the notice. The City may remove or have removed, without CITY OF WYLIE SIGN REGULATIONS Page 8 notice, and assess the owner for the costs, any sign which is an immediate peril to persons or property. Removal of Illegally Erected Signs Any temporary sign that is erected, constructed or otherwise displayed,which the City determines to be in violation of this Ordinance, may be removed by City personnel. Any such sign removed by City personnel may be held for a period of seventy-two (72) hours and upon expiration of the time may be disposed. The City is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. For permanent signs, the sign must be removed by the permit holder, owner of the sign, or owner of the property on which the sign is located within a reasonable time period as determined by the City. Upon failure to comply with the notice or to file an appeal of the decision in accordance with this Ordinance, the City is authorized to cause the removal of the sign and assess the permit holder, owner of the sign and/or owner of the property for the costs of removal. J. Removal Expenses Any sign required to be removed by the City, shall be removed by the permit holder, sign owner, or property owner within ten (10) days after written notification to do so. Upon failure to comply with the notice, the City is may enter upon the property upon which the sign is located, and to cause the removal of the sign. The owner of the land, building or structure to which the sign is attached and upon which it is erected and the owner of the sign and the holder of the sign permit are jointly and severally liable for any expense incident to removal. K. Varies Deleted:Appeals 1. ,Variances to the provisions of this Ordinance shall be heard by the -{Deleted:Appeals -nk_ ,Construction Code Board. A simple majority vote of the board in favor of the .--Deleted:Zoning Board of variance will be required to approve any variance request. Jn order to I Adjustment approve a request for a variance, the Construction Code Board shall __I Deleted:No proof of hardship is determine that the request meets three(3) of the following four(4)criteria: I required in ntto grant anfor the variance Board of Adjustment to grant any variance. If considering a variance request,the a. The proposed skin shall not adversely impact the adiacent pro pert Zoning Board of Adjustment shall also p � comply with the following (visibility. size, location, etc.); b. The proposed sign does not conflict with the spirit of this Ordinance, which is one of providing public safety, open space and air, preservation and enhancement of the appearance of the City and protection of property values; c. The variance is needed due to restricted area, shape, topography or physical features that are unique to the property on which the proposed skin would be located; d. The proposed sign is of a unique design or configuration. CITY OF WYLIE SIGN REGULATIONS Page 9 2. Should the Construction Code Board deny a request for a variance, the applicant may appeal the request to the City Council, provided that, such appeal is made within thirty (30) days of the date the Construction Code Board denied the variance. A vote of three-fourths (3/4) of the full membership of the City Council is required to approve the appeal. The decision of the City Council is final. ' Deleted:1._The Board shall 3. A variance from this Ordinance is valid only if a permit is secured within consider as criteria for granting a ninety(90)days from the date of the Board's or the Council's decision. variance such factors as the type of sign,the location,existence of signs 4. Each applicant shall pay a fee of one-hundred fifty dollars ($150.00) before !in the general area,and such other factors as they deem pertinent.¶ the Construction Code Board shall hear any variance request. 2._No variance shall be granted by the Board if the same conflicts with Exception: No variance fee shall be required for any variance the spirit of this Ordinance,which is requested by any applicant that the Building Official determines to be a one of providing public safety, adequate lighting provisions,open bonafide non-profit organization. space and air,conservation of land, protection of property values,and 5. All variance requests shall be made to the Building Official. encouraging the highest and best use of the land-¶ 3._In considering the request for I variation to regulations of this Ordinance,the Zoning Board of Adjustment shall consider,but not be limited to,¶ a._the degree of variance,11 b._the reason for variance requested,1 c._the location of the variance request,¶ I d..the duration of the requested variance,11 e._the effect on public safety,¶ the protection of neighborhood property,¶ g._the degree of property hardship or injustice involved,and¶ h._the effect of the variance on the stated purposes for regulating signs with the City.¶ , 4._The decision of the Zoning Board of Adjustment shall be final.¶ 5 i Formatted:Centered CITY OF WYLIE SIGN REGULATIONS Page 10 4. PROHIBITED SIGNS Any sign which is not specifically permitted by this Ordinance shall be prohibited. The following types of signs are expressly prohibited within the City of Wylie: A. Signs Imitating Traffic or Emergency Signs Signs may not contain any combination of forms, words, colors, or lights, which imitate standard public traffic regulatory, emergency signs, or signals. B. Portable Signs Portable signs unless specifically allowed by this ordinance (see Section 4. E.). C. Signs Violating other Laws or Ordinances Signs erected in violation of any ordinance adopted by the City of Wylie or any state or federal law. (e.g. traffic visibility requirements, zoning, building code, or electrical code). D. Signs Attached to Trees or Utility Poles Signs attached to, painted or maintained upon any tree or public utility pole or public utility structure. E. Signs on Sidewalks,Curbs,Gutters or Streets Signs attached to or painted on any sidewalk, curb, gutter, or street (except street address numbers). F. Moving,Flashing,Revolving or Color Changing Signs Signs that move, flash light intermittently, change color or revolve, unless specifically allowed in this Ordinance. G. Pole Signs Pole signs and flag poles unless specifically allowed by this Ordinance (see Sections 4.A. and 8.). H. Off-Premise Signs Off-Premise signs (except for signs allowed under Sections 3. F. 11. and 9.). I. Signs Attached to or Painted on a Fence,Wall or Railing Signs attached to or painted on the outside of a fence, wall or railing (except for signs allowed under Section 3. F. 1.). Exception: Signs identifying the manufacturer of a fence or similar product, provided that the sign does not exceed 1'/square feet. J. Signs Causing a Nuisance or Hazard Because of Illumination Signs illuminated to an intensity to cause glare or brightness to a degree that could constitute a safety hazard or nuisance. K. Signs Advertising the Sale of a Vehicle Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is parked in such a way that the sign informs or attracts the attention of persons using the public right-of-way. Vehicles legally parked at one location, with for CITY OF WYLIE SIGN REGULATIONS Page 11 sale signs visible from the right-of-way for two (2) hours or more, shall be prima fade evidence of non-compliance with this Section. Exception: A maximum of two (2)vehicles may be parked at the vehicle owners residence, or on the street adjacent to the residence advertising, the sale of the vehicles provided that the vehicles are registered to the person residing at the residence. L. Signs Attached to a Vehicle Signs placed on or affixed to vehicles and/or trailers that are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property shall be prohibited. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. CITY OF WYLIE SIGN REGULATIONS Page 12 5. EXEMPT SIGNS A permit shall not be required for the following signs, provided however, such signs shall otherwise comply with all other applicable sections of this Ordinance. A. Nameplates Nameplates, or signs reflecting the name of a building or structure (i.e., a fence) or the name of the company that built or designed the building or structure, not exceeding one square foot in area. B. Building Identification/Memorial Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials. C. Traffic Traffic or street signs, legal notices, railroad crossing signs, danger, and emergency, temporary or non-advertising signs as may be approved by the City Council or the City Manager or his authorized representative. D. Signs Inside a Building Signs located inside a building and which are not displayed so as to be visible from outside the building. Signs located in covered mall buildings shall comply with the current building code and electrical code. E. Changeable Copy Copy change only for previously permitted signs designed to provide a changeable copy area. F. Movement Control Signs Movement Control Signs may be erected at any occupancy or any lot, other than single family or duplex premises, may be attached or detached and may be erected without limits as to number; provided that such signs shall comply with all other applicable regulations of this Ordinance. Movement Control Signs shall be premise signs only. The occupant of a premise who erects a Movement Control Sign shall comply with the following regulations: 1. Each sign must not exceed five(5) square feet in effective area. 2. If a sign is an attached sign, as defined, the words must not exceed six inches (6")in height. 3. Each sign must convey a bona fide message which directs vehicular or pedestrian movement within or onto the lot on which the sign is located. G. Protective Signs The occupant of a premise may erect a maximum of two (2) Protective Signs, in accordance with the following regulations: 1. Each sign must not exceed six(6)square feet in effective area. 2. Detached signs must not exceed three feet(3) in height. CITY OF WYLIE SIGN REGULATIONS Page 13 H. Government Signs Flags, insignia, legal notices, or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies and decorative displays for holidays or public demonstrations which do not contain advertising and are not used as such. Holiday Lights and Decorations Temporary lights and holiday decorations displayed ninety (90)days or less shall be exempt from the terms of this ordinance. J. Non-Illuminated Political Signs 1. With the permission of the property owner or tenant, non-illuminated political signs may be erected in any zoning district with no limitation as to their number. On lots where a sidewalk exists within the street right-of-way,signs shall be located between the sidewalk and the structure- but no closer than three feet(3)from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten feet (10) from the edge of the street. 2. Political Signs that are located on developed residential property or in a developed subdivision zoned Residential shall not exceed nine (9) square feet in effective area per side. 3. Signs erected on property zoned Non-Residential or undeveloped residentially zoned property shall not exceed thirty-two (32) square feet in effective area per side. 4. Political Signs shall not exceed six feet(6) in height. 5. Political Signs shall not be placed within the public right-of-way (except as allowed in Section 9). 6. The candidate, his campaign treasurer or assistant campaign treasurer or the campaign treasurer of a political committee shall be responsible for the erection and removal of the Political Signs or advertisements and for compliance with the provisions of this Ordinance and the laws of the State of Texas. 7. Political Signs shall not be affixed to utility poles or official signs (e.g. street signs or speed limit signs). 8. Political Signs shall not be erected earlier than thirty (30) days prior to the election that the sign pertains and must be removed within fourteen (14) days after the election. K. Special Event or Public Announcement Signs Signs providing public information concerning special events, bazaars, rallies, or other similar activities sponsored by non-profit organizations including charitable, religious, philanthropic, educational, or civic institutions with the following regulations: CITY OF WYLIE SIGN REGULATIONS Page 14 1. Signs must be located on private property and the organization must have permission from the property owner to place the sign on their property. (Signs of this type can be off-premise signs and are exempt from Section 4 (h)). 2. The maximum sign area is thirty-two (32) square feet. 3. The maximum height is six feet(6'). 4. A maximum of six (6) off-premise signs in the City advertising the non-profit organization function. 5. The advertised function must occur within the corporate limits of the City of Wylie, its ETJ, or an adjacent municipality and be sponsored by a non-profit organization located within the City of Wylie. 6. Signs shall not be located on a residential premise. L. Garage Sale Signs 1. Garage sale signs shall not be erected earlier than noon the Thursday before the sale and must be removed no later than 6:00 p.m. the Sunday following the sale. 2. Garage sale signs shall be located only on private property with the consent of the property owner. 3. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the structure - but no closer than three feet (3') from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten feet (10) from the edge of the street. 4. Garage sale skins shall not exceed six(6) square feet in area. M. Home Improvement Signs 1. Home improvement skins may be erected that display the name of a roofing, fence, pool, landscape or other home improvement contractor. 2. A home improvement sign is allowed only on the lot on which the improvement is occurring. 3. On lots where a sidewalk exists within the street right-of-way, skins shall be located between the sidewalk and the structure - but no closer than three feet (3') from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten feet (10) from the edge of the street. 4. The home improvement sign must be removed thirty (30) days after it is erected or upon the completion of the work,whichever occurs first. 5. Home improvement signs shall not exceed six (6)square feet in area. 6. A maximum of one home improvement sign shall be allowed on the lot at any one time. CITY OF WYLIE SIGN REGULATIONS Page 15 N. Temporary Religious Signs 1. Temporary religious signs may be erected during times of worship provided the sign is placed no earlier than two (2) hours prior to worship and is removed no later than two (2) hours after worship. 2. Signs shall be located only on private property with the consent of the property owner. 3. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the structure - but no closer than three feet (3) from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten feet (10') from the edge of the street. 4. Signs shall not exceed six(6)square feet in area. O. Yard Signs 1. Signs shall be located only on lots containing an occupied single-family,two- family or multi-family dwelling. 2. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the structure - but no closer than three feet (3') from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten feet (10) from the edge of the street. 3. Signs shall not exceed six (6) square feet in area for all signs other than home security signs which shall not exceed one (1)square foot in area. P. Zoning Signs 1. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the structure - but no closer than three feet (3) from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten feet (10') from the edge of the street. 2. Signs shall not exceed six(6)square feet in area. Q. Signs Held by Pedestrians 1. Any sign held or carried by a person that is6+ located on the property where the event or activity that the sign advertises occurs. CITY OF WYLIE SIGN REGULATIONS Page 16 6. GENERAL SIGN REGULATIONS A. Flags All flags shall conform to the following regulations: 1. Nothing in this Ordinance shall be construed to prevent the display of the United States,Texas, County or Wylie flag. No permit or permit fee is required. 2. Businesses may erect one corporate flag and flag pole, per location,for a bona fide company or corporate office located within the City of Wylie. A sign permit and permit fee is required. a. Setback Requirements-Flag poles must be located at least 15 feet from any property line. b. Maximum Height i. Residential-Twenty-five feet(25') ii. Commercial-Thirty-five feet(35') 3. No flag or flag pole may be located within any easement. B. Obscenity No person shall display on any sign any obscene or indecent matter as defined by the Texas Penal Code, or any matter soliciting or promoting unlawful conduct. Any sign which does contain any obscene indecent or immoral matter must be removed or the obscene, indecent or immoral matter must be removed within twenty-four (24) hours of notice. The owner or person in control of the property on which the sign is located shall be responsible for compliance with this Section. C. Obsolete Signs All signs relating to a product no longer available for purchase by the public and all signs relating to a business which has closed or moved away shall be removed or the advertising copy shall be removed. Painted wall signs shall be painted over with a color that resembles or matches the wall and does not allow the sign message to be visible after overpainting. The owner of the property on which the sign is located shall be responsible to remove the sign within thirty(30) days of obsolescence. D. Maintenance of Signs All signs shall be maintained in good condition. Signs which are damaged in any way, rusty or have peeling paint do not meet minimum maintenance criteria and shall be brought into compliance, or the sign must be removed, no later than the tenth (10th) day after written notice of such violation is sent to the property owner via certified mail. The owner of the property on which the sign is located shall be responsible for compliance with this subsection. E. Wind Pressure and Dead Load Requirements All signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area, and shall be constructed to receive dead loads as required by the building code of the City of Wylie. CITY OF WYLIE SIGN REGULATIONS Page 17 F. Obstructing Doors,Windows,or Fire Escapes It shall be unlawful to erect, relocate, or maintain a sign in any manner that prevents free ingress to or egress from any door, window or fire escape, or to attach any sign to a standpipe or fire escape. G. Placement of Advertising Matter 1. No person shall place on or suspend from any building, light fixture, pole, structure, sidewalk, parkway, driveway or parking area, any goods, wares, merchandise or other advertising object or structure for the purpose of advertising such items other than a sign, as defined, regulated and prescribed by this Ordinance, except as otherwise allowed by this Ordinance or another ordinance. 2. No person, firm, corporation or association of persons shall paste, stick, tack, nail or otherwise place any advertisement, handbill, placard, printed, pictured or written matter or thing for political advertising or other advertising purposes upon any fence, railing, sidewalk or public telephone, electric or other utility pole, or any other public property, including trees thereon or to knowingly cause or to permit the same to be done for his benefit. 3. It shall be unlawful for any person to scatter or throw any handbills, circulars, cards, tear sheets or any other advertising device of any description, along or upon any street or sidewalk in the City of Wylie. H. Signs Prohibited On or Over Public Property No portion of any sign shall be erected on or over public property, or in the right- of-way of any thoroughfare within the City, unless the same is erected by the City, or with the permission of the City for public purposes, except for Projecting Signs in the Downtown Historic District meeting regulations in Section 5. E. Illumination of Signs 1. No sign shall be illuminated to such an intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. 2. Moving, flashing, changing color, beacons, revolving or similarly constructed signs shall not be allowed, except for electronic signs showing time and temperature. 3. Sign illumination may only alternate on and off at a rate equal to or less than twice an hour, excluding time and temperature signs. 4. A sign in a residential district, where allowed by this Ordinance, may be illuminated. Any illumination shall be located so as not to produce intense glare or direct illumination across the bounding property line. Internal illumination shall not exceed 40 watts per every 25 square feet or any portion thereof of the sign face. CITY OF WYLIE SIGN REGULATIONS Page 18 J. Searchlights Searchlights may be permitted in accordance with any applicable regulations. A permit for use of an advertising searchlight may be granted under the following additional regulations: 1. A searchlight shall be located a minimum distance of 50 feet from a public right-of-way and positioned so as to project all beams at a minimum angle of 30 degrees from grade level. 2. The maximum light intensity generated by searchlights on any premises may not exceed a total of 1.6 million foot candlepower. No more than four beams of light may be projected from any premises. 3. All searchlights must be designed and maintained so as to prevent beam rays of light from being directed at any portion of the rights-of-way or adjoining property, and no light shall be of such intensity or brilliance to cause glare to or impair the vision of the driver of any vehicle, or to create greater than 0.5 foot candles at 4 feet height at the property line. 4. No advertising searchlight may be operated between the hours of 11:00 p.m.and 7:00 a.m. 5. No advertising searchlight may be operated on a premises for more than seven consecutive days. No permit for an advertising searchlight may be issued for any business entity for which a permit has been issued for a searchlight on the same premises within the six months preceding the date of the permit application. • • CITY OF WYLIE SIGN REGULATIONS Page 19 7. ATTACHED SIGN REGULATIONS Unless otherwise specifically provided, the regulations set forth in this Section shall be applicable to all attached signs that are allowed under this Ordinance. A. Wall Signs 1. Where Allowed. Wall signs shall be limited to buildings located in a non- residential zoning district or to churches, apartments,schools and other non- residential uses, with the exception of model homes, located within a residentially zoned district. 2. Installation Requirements. All signs and their words shall be mounted parallel to the building surface to which they are attached, and shall project no more than twelve inches (12') from that surface, except for Projecting ,igns as allowed in Sections 7. E. Wall signs shall not extend above the Deleted:and Marquee _ wall or building surface to which the sign is attached. Banner signs shall not be utilized as permanent wall signs, but only as Promotional Signs as allowed in Section 10 C. 3. Maximum Sign Area Deleted:Attached a. Wall signs shall not exceed the following area schedules: fl. An attached sign located at a height of thirty-six feet(36') or less is limited to 1 square feet of sign area for each lineal foot of - -{Deleted:0.75 building frontage for a single tenant building, or lease space frontage in a multiple tenant building, not to exceed three hundred 450 - square feet. ---- L+Deleted:300----------------------------- 2.1. An attached sign located above a height of thirty-six feet (36) shall be permitted an increase in maximum effective area. Such increases shall not exceed four (4) square feet in effective area for each additional one foot (1') of height above thirty-six feet (36') measured from the base of the sign. Signs may be increased hereunder to a maximum size of four hundred (600)_ - - Deleted:400 square feet. 01. Attached signs may be located on any facade except for signs located on the side or rear wall of a building where the sign would face an adjacent residential zoning district. The sum of the effective area of all attached signs shall not exceed the allowable effective area specified in paragraphs a. or b. above, whichever paragraph is applicable. Signs on a single facade shall exceed the sign area allowed in paragraph (1). above. B. Secondary Attached Signs One secondary roof sign shall be allowed for each building. The size of the secondary roof sign shall be limited by the maximum size allowed in paragraph CITY OF WYLIE SIGN REGULATIONS Page 20 A. above. The size of all wall skins shall be added to the size of the secondary roof sign to determine the total amount of sign area. C. Illumination of Attached Signs Attached Signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are allowed. D. Window Signs Window signs do not require a permit or a permit fee. Window Signs must meet the following regulations. 1. Window Signs must not obscure more than 25 percent of the window area per facade. 2. The sign area shall be measured by drawing a rectangular or square box around the sign elements, then multiplying the height by the width. For signs whose shape is irregular, the box must enclose all elements of the sign. 3. No illuminated Window Signs shall be allowed within two feet of the window i Deleted:E._Projecting Signs'� surface, except for open/closed signs. Projecting Signs means any sign, ;!except an Awning,which projects i perpendicularly from a building and E. Awning Signs ;f which has one end attached to a Awning Sign means any awning displaying a business name or logo. Awning l 1 building or other permanent structure. i Projecting Signs must meet the Signs must meet the following regulations. ; following regulations.11 1._Allowed only in the Downtown 1. An Awning may extend the full length of the wall of the building to which it is Historic District(DTH)¶ attached and shall be no more than six feet in height and shall not be placed 2.-The maximum sign area for a Projecting Sign is 4 square feet per less than 8 feet above the sidewalk. sign face.Projecting Signs may not project more than 3 feet,measured 2. Artwork or copy on Awning Signs shall be limited to a business name and/or ; from the building face and shall not be closer than two feet from the back lOg0. of the curb line.¶ mu 3. The artwork or copy for an Awning Sign shall not exceed 20 percent of the 3.-Thestbe heig atleht of the Projecting sign least 12 feet above the area of the Awning and shall extend for no more than 60 percent of the Sidewalk.¶ length of the Awning. 4..Projecting Signs shall be compatible in design,shape,and j material with the architectural and ,. Projecting Signs historic character of the building they project from.¶ 1. Signs, hall be constructed of noncombustible material. F 2. Signs shall be limited to 50 percent of the area of the vertical surface of ,Deleted:Marquee Sign means any each face of the marquee. • j permanenttta to and supported by a building and which projects outward 3. shall not project more than three feet(3�, measured from the building .from the building and contains ,Signs lettering or graphics which convey ae face and shall not be closer than two feet(2')from the back of the curb line. j message.Marquee signs must meet the following regulations.¶ 4. Signs shall be at least 8 feet above the sidewalk. 1..Marquee signs are allowed only in the Downtown Historic District(DTH).¶ 5. Signs may be illuminated. 2 6. Signs shall be compatible in design, shape, and material with the Deleted:shall be built as an integral part of the marquee and architectural and historic character of the building. Deleted:The marquee on which 7. Signs shall not exceed sixteen (16)square feet Der sign face. i Marquee Signs are attached shall not l have a vertical height of more than six feet nor exceed 75 percent of the Lwidth of the building or store frontage CITY OF WYLIE SIGN REGULATIONS Page 21 G. Canopy Sign Canopy Sign means any canopy displaying a business name or logo. Canopy Signs must meet the following regulations. 1. A Canopy Sign may be attached to, or be an integral part of the face of a canopy. 2. A Canopy Sign may consist of only the name and/or logo of the business at the location of the canopy. 3. The artwork or copy on a Canopy Sign shall not exceed ten percent of the face of the canopy, or a maximum of twenty-five (25)square feet,whichever is greater. 4. An illuminated stripe may be incorporated into a canopy. The stripe may extend along the entire length of the face of the canopy. The width or thickness of the stripe shall be limited to one-third of the vertical dimension of the face of the canopy. The internal illumination of a canopy is limited to the portions of the canopy face on which a sign or stripe is permitted. CITY OF WYLIE SIGN REGULATIONS Page 22 '- 8. MONUMENT SIGN REGULATIONS All Monument Signs shall be compatible with the colors and materials of the building that is located on the same lot as the sign. Sculpted aluminum sign panels will be allowed; however, plastic panel signs are not allowed to be utilized on Monument Signs. Additional monument sign regulations are as follows: A. Properties with Multiple Tenants Shopping centers and office buildings with multiple tenants are permitted to erect Monument Signs that comply with the following regulations: 1. Maximum size- 150 square feet 2. Maximum height- 10 feet measured from grade. 3. Setbacks a. 15 feet from street right-of-way. b. 1 feet from propertylines other than those propertylines frontingthe Deleted:40 � � � - street right-of-way. c. 250 feet from any other Monument Sign on the same property, measured along the right-of-way. 4. Changeable Message Signs. Monument Signs may include a maximum area of thirty-two (32)square feet that incorporates changeable messages or lettering, as defined, in the sign face. Such messages shall not blink, flash,scroll or change more than once per hour with the exception of signs that only display the time and temperature. B. Properties with Single Tenants Businesses located on individually platted land including individual pad sites 0- I within a shopping center, apartments, schools, model homes and other non- residential uses located on residentially zoned property are permitted to erect Monument Signs that comply with the following regulations: 1. Maximum size-90 square feet 2. Maximum height- 10 feet 3. Setbacks a. 15 feet from street right-of-way. b. 5 feet from property lines other than those property lines fronting the , -{—Deleted:Deleted:40--- ---- street right-of-way. c. 250 feet from any other monument sign on the same property, measured along the right-of-way. 4. Changeable Message Signs. Signs may include a maximum area of thirty- two (32)square feet that incorporates changeable messages or lettering, as defined, in the sign face. Such messages shall not blink,flash,scroll or CITY OF WYLIE SIGN REGULATIONS Page 23 change more than once per hour with the exception of signs that only display the time and temperature. C. Gasoline Pricing Signs 1. Gasoline Pricing Signs reflecting the price of gasoline available for purchase on the premises must be a Monument Sign. 2. The Gasoline Pricing Sign must be integral to the permitted sign for the site, subject to the following limitations: a. The pricing display may not scroll,flash, or change more frequently than once a day. b. The pricing display may not exceed two-thirds of the gross sign area per sign face. c. Only one pricing display is allowed per site. d. Internal illumination may be used for the pricing display only. 3. Maximum size—90 square feet 4. Maximum height—10 feet 5. Setbacks a. 15 feet from street right-of-way. rD b. 5 feet from property lines other than those property lines fronting the - eleted:40street right-of-way. D. Material Regulations All Monument Sign bases shall be constructed of the same material as the front building facade on the same site or shall be compatible in design with stone or brick. The Sign Support must be constructed or covered with the same masonry material as the principal building, or stone, or brick. Sculpted aluminum or plastic sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six inches from the outer limits of the sign structure. E. Illumination Monument Signs shall be illuminated by a ground lighting source where the light itself and supporting structure are screened from public right-of-way, except, signs with sculpted aluminum panels, cut-out letters, or other type of raised lettering may be back lit using internal lighting. F. Model Home Signs Model Home Signs are subject to the following regulations: 1. Model Home Signs require a permit and may be erected in residential zoning districts on the same lot as the model home. 2. Each builder in a subdivision may have one Model Home Sign for each model home and the permit for each sign shall be granted for a period of time to coincide with the validity of the model home's certificate of occupancy. CITY OF WYLIE SIGN REGULATIONS Page 24 3. Model Home Signs shall be Ground or Monument Signs. 4. The maximum height of a Model Home Sign shall not exceed four(4)feet from the grade. 5. The maximum area of the sign face shall not exceed eight(8)square feet. 6. Required setback shall be fifty percent(50%)of the distance between the front property line and the building, but no less than ten feet from the front property line. CITY OF WYLIE SIGN REGULATIONS Page 25 9. OTHER TYPES OF SIGNS This Section provides standards for specific types of permanent signs permitted by this Ordinance. A. Menu Board Signs Menu Board Signs must meet the following regulations: 1. Menu Board Signs may be Attached or Monument Signs. 2. The maximum height is six(6)feet. 3. The maximum sign area is twenty-four(24)square feet. Only one sign face is allowed per sign. 4. All Menu Board Signs shall be located at the side or rear of the principal building. If two signs are erected they must be at least,twelve feet (12) Deleted:eighteen apart. 5. Internal illumination may be utilized for the sign panel. 6. Any sign must be located at least fifteen feet(15)from any property line. B. Subdivision Entry Signs Subdivision Entry Sign means any permanent on-site sign identifying a subdivision located in a residential zoning district. Subdivision Entry Signs must meet the following regulations. 1. Subdivision Entry Signs may be attached to a wall at the subdivision entrance or on a Monument Sign. 2. Attached Signs may not project above the top of the wall on which they are attached. 3. The maximum sign area is thirty-two (32) square feet for Attached Signs. 4. Only one Monument Sign or two attached signs may be placed at each subdivision entrance. A Monument Sign may have the subdivision name on both sides. 5. Monument Signs may be located in the median at the street entrance if approved by the City in an approved plat,within a developer's agreement, or by separate application. C. Directory Signs Directory sign means a permanent on-site sign identifying the buildings in the development or providing information on their location. Directory signs must meet the following regulations. 1. Directory Signs may be either Attached or Monument Signs. 2. Directory Signs must be located a safe distance from the entry drive and the public right-of-way as determined by the City's engineer. 3. Only one Directory Sign is allowed per street entrance. CITY OF WYLIE SIGN REGULATIONS Page 26 D. Institutional Signs Institutional Sign means a permanent on-site sign used to identify governmental and municipal agencies, public schools, churches, or similar public institutions, and used to communicate messages of public importance to the general public. Institutional Signs must meet the following regulations. 1. Institutional Signs may be Attached and/or Monument Signs. 2. Institutional Signs may include a reader board, subject to the following limitations: a. Reader board must be integral to the permitted sign for the site; b. Messages on the reader board, whether electronic or manual, may not scroll,flash, or change more frequently than once a day; c. Manual reader boards using movable lettering must have a lockable covering; d. The reader board display cannot exceed two-thirds of the gross sign area per sign face, excluding a Monument Sign border. e. Internal illumination may be utilized for the reader board sign panel. CITY OF WYLIE SIGN REGULATIONS Page 27 10. TEMPORARY SIGN REGULATIONS A. Development Signs Development Signs are allowed subject to the following regulations: 1. Development Signs require a temporary sign permit and may be erected in nonresidential and residential zoning districts 2. Development Signs must be related only to the property on which they are located. They may be Monument or Pole Signs provided that a minimum of two vertical sign supports are utilized. 3. Maximum height of a Development Sign shall be 15 feet. 4. The required setback shall be en feet 10' the front roe line and Delelopmengwred salt be 01e ( � from _._prop Development Sign shall be 30 feet or ten feet(10')from the side property line. the required building line if less than 30 feet 5. The maximum sign area per sign face shall not exceed sixty (60) square feet. 6. Each development site may have one such sign for each 50 acres under active development. 7. A Development Sign must be removed when the project is 90 percent complete. In the case of a commercial project, 90 percent complete means when a certificate of occupancy is issued for a shell building. For a residential project, 90 percent complete means when 90 percent of the lots in the subdivision have received building permits. B. Real Estate Sign Real Estate Signs are subject to the following regulations. 1. Real Estate Signs may be erected in nonresidential and residential zoning districts and shall not require a permit. 2. Real Estate Signs may be Attached,Monument or Ground Signs. 3. The maximum sign area shall not exceed nine (9) square feet and a maximum height of four feet(4') for property located in a Residential Zoning District. Signs located in a Non-Residential Zoning District shall not exceed thirty-two (32) square feet in sign area and ten feet(10')in height. 4. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the structure - but no closer than three feet (3') from the sidewalk. On lots where no sidewalk exists within the street right-of-wav, the sign shall be located at least ten feet (10') from the edge of the streets --4 Dekted:Real Estate Signs shall be set back at least eight feet from front 5. j'lo more than one sign shall be located for every two (2) acres in a tract of property line --- - - - -- - -land or portion thereof. --t Deleted:Real Estate Signs are limited to one per street front 6. A Real Estate Sign shall be removed upon the sale or lease of the property. —CITY OF WYLIE SIGN REGULATIONS Page 28 C. Promotional Signage Businesses that erect signs under the provisions of this Section shall not display a sign that states"Going out of Business", "Quitting Business"or similar message more than one time. Promotional Signs are subject to the following regulations. 1. All Promotional Signage requires a permit. A maximum of two (2) permits are allowed for each calendar year. A separate permit is required for each two-week period Promotional Signage will be used. Promotional signs will be considered as a group and not as each individual sign, streamer, banner, etc. 2. Promotional Signage may include flags, pennants, streamers, balloons, inflatable signs, and any legal signs allowed by this Ordinance. Additionally, a maximum of two (2) banners is allowed, in addition to flags, pennants, streamers, balloons, inflatable or other promotional signage per permit. 3. Promotional Signage is allowed for two, two-week periods each calendar year per legal business subject to the following: a. A two-week period will commence on the first day Promotional Signage is displayed. b. The two two-week periods shall not occur in the same or consecutive months. c. A legal business shall include any commercial, industrial, or institutional use for which the building inspection.department has issued a certificate of occupancy. d. In the case of a special promotion for a grand opening celebration, one period may be extended to a three-week period provided the promotion commences within the first three months of the date of issuance of a certificate of occupancy and the grand opening is limited to the address noted on the certificate of occupancy. EXCEPTION: A business that is in its initial year of operation is allowed to extend the time promotional signs are displayed, one time,from two weeks to 30 days. 4. Any device described as Promotional Signage shall not exceed an overall height of 40 feet measured from ground. • ,Deleted:25 5. The following setbacks apply. However,the setbacks may be increased for any Promotional Signage found by the City to block traffic visibility or constitute a traffic hazard. a. 15 feet from street right-of-way. b. 40 feet from property lines other than those property lines fronting the street right-of-way. I Deleted:c..250 feet from any other l monument stgn on the same property, i measured along the right-of-way.¶ CITY OF WYLIE SIGN REGULATIONS Page 29 I Deleted:9._SIGNS LOCATED IN THE CITY RIGHT-0E-WAY' 11. TEMPORARY DIRECTIONAL SIGNS ; Any sign permitted by this Ordinance i may be erected within the public right- . of-way(unless otherwise prohibited On properties located at the intersection of two maior thoroughfares or a maior ; by municipal,county,state or federal law)provided that the following thoroughfare and a collector street, panel/directional signs are permissible subiect to the : conditions rts met:' following conditions and upon the issuance of a sign permit: AA. sier its be erected within a right- ; I of-way until a permit has been A. The sign design and location must be approved the City Council. obtained and the proper permit feepaid. No sign shall be placed on private property or in the right-of-way B. Permits for such signs shall be temporary in nature and shall expire two years ` adjacent to developed private property without the private property from the date of permit issuance. owner's written consent.Any permit issued for a sign in the right-of-way shall on December 31 each C. The maximum height of the sign is ten feet(10'). shall e expireeor De a new 31 oft is required.¶ B..Time Limitations I D. The maximum width of the sign is six feet(6). signs shall be placed within the right- of-way only between the hours of E. The font, lettering and color of the sign shall be uniform throughout the entire I I noon su yp'm.)Friday and 9:00 C._Location' . I Sign Signs located in the right-of-way shall comply with the following location F. The sign may be located within the right-of-way, provided that, the sign is ; regulations.' 1._Signs shall not be placed within located at least ten feet(10) from the back of the curb or road pavement and at i any median.' 2._Signsmustbeaminimumoffive least two feet(2)from any sidewalk. feet(s)from the adjacent edge of curb or pavement,which includes improved surfaces and shoulders.' G. The permit applicant, property owner or developer shall be responsible for the 3_Signs shall not be placed within cost of production, maintenance of the sign and removal of the sign. �n�street feet(50')owtwnty-five feet (25')of any alley or curb cut. Additionally,no sign may be placed within any defined visibility triangle or in any manner that may obstruct traffic visibility.' 4._Signs shall not encroach upon or obstruct any designated sidewalk or pedestrian way.' 5._Signs shall not be placed within a right-of-way that is adjacent to a dwelling premises.' D._Size ' Signs located within the right-of-way shall not exceed six(6)square feet.¶ E..Height' Signs located within the right-of-way shall not exceed a total height of three feet(3').' F._Number of Signs I The maximum number of permits that shall be issued to any one person, company,builder,entity,group or corporation,or any of the foregoing that are associated or related,for signs located in the right-of-way is twenty(20). For example,a company is limited to 20 right-of-way I permits. A company may not send multiple employees to get 20 right-of- way permits each.' ~-G._Sign Placement Vehicle Ang --------------- CITY OF WYLIE SIGN REGULATIONS Page 30 .......................... .. Page 30:[I]Deleted I' Dale Jackson 4/28/2003 4:51 PM 9. SIGNS LOCATED IN THE CITY RIGHT-OF-WAY Any sign permitted by this Ordinance may be erected within the public right-of-way(unless otherwise prohibited by municipal,county,state or federal law)provided that the following conditions are met: A. Permits No sign may be erected within a right-of-way until a permit has been obtained and the proper permit fee paid. No sign shall be placed on private property or in the right-of-way adjacent to developed private property without the private property owner's written consent. Any permit issued for a sign in the right-of-way shall expire on December 31 of each calendar year and a new permit is required. B. Time Limitations Signs shall be placed within the right-of-way only between the hours of noon (12:00 p.m.)Friday and 9:00 p.m. Sunday. C. Location Signs located in the right-of-way shall comply with the following location regulations. 1. Signs shall not be placed within any median. 2. Signs must be a minimum of five feet(5')from the adjacent edge of curb or pavement,which includes improved surfaces and shoulders. 3. Signs shall not be placed within fifty feet(50') of any street intersection or within twenty-five feet(25') of any alley or curb cut. Additionally, no sign may be placed within any defined visibility triangle or in any manner that may obstruct traffic visibility. 4. Signs shall not encroach upon or obstruct any designated sidewalk or pedestrian way. 5. Signs shall not be placed within a right-of-way that is adjacent to a dwelling premises. D. Size Signs located within the right-of-way shall not exceed six (6) square feet. E. Height Signs located within the right-of-way shall not exceed a total height of three feet(3'). F. Number of Signs The maximum number of permits that shall be issued to any one person, company, builder, entity, group or corporation, or any of the foregoing that are associated or related, for signs located in the right-of-way is twenty(20). For example, a company is limited to 20 right-of-way permits. A company may not send multiple employees to get 20 right- of-way permits each. G. Sign Placement Vehicles Any vehicle used during the installation and removal of signs must have one(1) revolving amber strobe light that is visible at five-hundred feet(500')in the daylight on top of the vehicle and one(1)revolving amber strobe light that is visible at five-hundred feet(500')in the daylight on the rear of any trailer being used in addition to vehicle and trailer flashers. The lights should be used only when slowing down or stopping on the roadway. Vehicles shall stop only in the right hand lane when installing or removing signs with both flashers and amber lights operating. H. Tampering with Permit Decals Any person who knowingly falsifies, tampers with, or reproduces permit decals for signs located in the right-of-way, or falsifies an affidavit required to obtain a permit, shall, in addition to the other penalties set forth herein, have all rights to place or have placed signs in the right-of-way with the City of Wylie revoked for a twelve (12)month period. I. Temporary Banners and Streamers in the Right-of-Way The Board of Adjustment may grant exceptions to allow banners and streamers to be placed in the public right-of-way. Approval of such signs shall be on a case by case basis. Signs of this type shall refer only to civic or non-profit functions that benefit the community as a whole. Exception requests shall include the size, number and location of all signs as well as the dates the signs will be placed within the right-of-way. Any change in size, location, number or date of placement must be approved by the Board of Adjustments. No fee shall be required to request an exception of this type from the Board of Adjustments. J. Removal of Unpermitted Signs Unpermitted signs, or signs in violation of this Ordinance, may be immediately removed from the right-of-way. Signs may be disposed of as set forth in Section 3.K. above.