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10-08-2013 (City Council) Agenda Packet Wylie City Council CITY.F WYLIE NOTICE OF MEETING Regular Meeting Agenda October 8, 2013 — 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Rick White Mayor pro tern Keith Stephens Place 1 Nathan Scott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE • Waterbrook Bible Fellowship —Jeff Denton PRESENTATIONS • Proclamation declaring October 6-12, 2013 as Fire Prevention Week in the City of Wylie CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. October 8,2013 Wylie City Council Regular Meeting Agenda Page 2 of 4 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider and act upon, approval of the Minutes of the September 24, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider and act upon, approval of Resolution No. 2013-22(R) authorizing the City Manager of the City of Wylie, Texas, to execute the Interlocal Agreement between the North Texas Municipal Water District and the City of Wylie concerning the relocation of a portion of 36-inch pipeline along East Brown Street. (C. Holsted, City Engineer) C. Consider and act upon, the approval of the purchase of 3 Police Tahoe vehicles from Reliable Chevrolet in an estimated amount of$82,770.00 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) D. Consider and act upon, a vendor application from the Wylie East Colorguard for a fundraiser at the Bart Peddicord Community Center on December 14, 2013. (Robert Diaz, Parks &Rec Superintendent) E. Consider and act upon, a vendor application from the Wylie Animal Advocates Group for a fundraiser at Olde City Park on November 16, 2013. (Robert Diaz, Parks & Rec Superintendent) F. Consider and act upon, the purchase of computers from Dell Marketing LP in the estimated amount of $51,500.00 through a cooperative purchasing contract with the State of Texas Department of Information Resources agreement DIR-SDD-1951, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) G. Consider and act upon, the First Amendment to the Dedication and Impact Fee Agreement between Creekside Development, Inc. and the City of Wylie for 2.221 acres of right-of-way for the McMillen Road paving project. (M. Manson, City Manager) H. Consider and act upon, the purchase of six (6) vehicles from Reliable Chevrolet in an estimated amount of $139,402 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) REGULAR AGENDA PUBLIC HEARING 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Planned Development (PD2007-35) - Neighborhood Services (NS) to Planned Development-Single Family District (PD-SF) for single family dwellings on 4.86 acres. Located on the northeast corner of FM544 and Collins Blvd. ZC 2013-06. (R. 011ie, Planning Director) October 8,2013 Wylie City Council Regular Meeting Agenda Page 3 of 4 Executive Summary The applicant is requesting to establish permanent zoning on approximately five acres. There are two separate tracts of land included in this request. Both tracts are currently zoned PD 2007-35, which was originally intended for a daycare use when zoned in 2007. 2. Consider and act upon, Ordinance No. 2013-39 of the City Council Of The City Of Wylie, Texas, approving a Negotiated Resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2013 Annual Rate Review Mechanism Filing in all Cities exercising Original Jurisdiction; Declaring Existing Rates to be unreasonable; Adopting Tariffs that reflect rate adjustments consistent with the Negotiated Settlement and finding the rates to be set by the attached Tariffs to be just and reasonable; Requiring The Company to reimburse Cities' reasonable ratemaking expenses; Repealing conflicting Resolutions or Ordinances; Determining that this Ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; Adopting a Savings Clause; Declaring an Effective Date; Providing a Most Favored Nations Clause; and requiring delivery of this Ordinance to the Company and the Steering Committee's Legal Counsel. (M. Manson, City Manager) Executive Summary The City of Wylie, along with approximately 164 other cities served by Atmos Energy Mid-Tex Division ("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). On or about July 15, 2013, Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism("RRM")tariff renewed by the City in 2013 as a continuation and refinement of the previous RRM rate review process. This is the first annual RRM filing under the renewed RRM tariff. 3. Consider and act upon, Resolution No. 2013-23(R) authorizing the City Manager to execute a Master Agreement Governing the Major Capital Improvement Program for the purpose of transportation improvements on roads inside Dallas County. (C. Holsted, City Engineer) Executive Summary In 2012, Dallas County issued the 6th call for projects for capital improvements. A portion of Ballard Avenue is located in Dallas County and is shown on the thoroughfare plan to be expanded to a 4-lane roadway; however, no funding is currently available for the project. In September 2012, staff submitted an application to Dallas County for funding of this portion of roadway. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Hold a work session to discuss the alley located east of Birmingham Elementary and north of West Brown Street. (C. Holsted, City Engineer) RECONVENE INTO REGULAR SESSION ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: October 8,2013 Wylie City Council Regular Meeting Agenda Page 4 of 4 CERTIFICATION I certf that this Notice of Meeting was posted on this4`h day of October, 2013 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE q Minutes Wylie City Council Meeting Tuesday, September 24, 2013 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor pro tern Rick White, Councilwoman Diane Culver, Councilman Bennie Jones, Councilman Todd Wintters, and Councilman Nathan Scott. Councilman Keith Stephens was absent. Staff present were: Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae 011ie; Finance Director, Linda Bantz; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Wintters gave the invocation and Councilwoman Culver led the Pledge of Allegiance. PRESENTATIONS • Proclamation—National Thank a Police Officer Week Mayor Hogue presented a proclamation designating the week of September 30, 2013 as National "Thank a Police Officer Week" to Lieutenant Henderson and Fire Marshal Seddig. He asked those present to thank a police office for their service to the community. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Dennis Keck residing at 1902 Clearwater Ct. Wylie addressed council regarding a lack of voter turnout both in Wylie and across the state. He stated that it was his mission to change voter apathy and bring it to the attention of the public. Minutes September 24, 2013 Wylie City Council Page 1 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the September 10, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for August 31, 2013. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for August 31, 2013. (L. Bantz, Finance Director) D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of August 31, 2013. (S. Satterwhite, WEDC Executive Director) E. Consider, and act upon, Ordinance No. 2013-37, amending Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended (Zoning Case No. 2013-05); repealing Ordinance No. 2002-07, containing 68.11± acres of land (Tract 2) situated in the Guadalupe de los Santos Survey, Abstract No. 1384, in the City of Wylie, Dallas County, Texas, currently zoned Planned Development Single Family Detached District (PD2002-07-SF); amending Wylie's Comprehensive Zoning Ordinance No. 2001-48 containing: (I) 80.178± acres of land (Tract 4) situated in the Guadalupe de los Santos Survey, Abstract No. 1100 and the Guadalupe de los Santos Survey, Abstract No. 1384, in the City of Wylie, Dallas and Collin Counties, Texas, currently zoned Neighborhood Services District (NS) and agricultural district (AG/30) and (II) 139.135± acres of land (Tract 3) situated in the Guadalupe de los Santos Survey, Abstract No. 1100 and the Guadalupe de los Santos Survey, Abstract No. 1384, in the City of Wylie, Dallas And Collin Counties, Texas, currently zoned Agricultural District (AG/30); rezoning Tracts 2, 3 and 4, collectively consisting of 287.423± acres of land, and placing the same in the zoning classification of Planned Development Single Family Detached District (PD2013- 37-SF) for a Master Planned Community consisting of varied Density Single Family Dwellings; describing the Tracts to be rezoned; providing for repealing, savings and severability clauses; providing for a penalty for the violation of this Ordinance. (R. 011ie, Planning Director) F. Consider, and act upon, Resolution No. 2013-20(R) approving the Current Investment Policy, providing for Scope of this Policy, providing for Investment Objectives, providing for an Investment Committee, providing for Delegation of Authority, providing Investment Strategies by Pooled Fund Groups, providing for Standard of Care, providing for other Investment Guidelines, providing for Investments Authorized by Public Funds Investment Act and Investments Unauthorized by the City, providing for Portfolio Diversification and Maturity Limits, providing for Selection of Brokers/Dealers, providing for Selection of Depositories, providing for Safekeeping Minutes September 24, 2013 Wylie City Council Page 2 and Custody, providing for Record Keeping and Reporting, providing for Ethics and Conflicts of Interest, providing for Policy Revisions; and making various findings and provisions related to the subject. (L. Bantz, Finance Director) G. Consider, and act upon, Ordinance No. 2013-38 amending Ordinance No. 2007-36 and Article Iv (speed) of Section 110-133 (school zones), of the Wylie Code of Ordinances, establishing a school zone for certain streets; establishing prima fade maximum speed limits during school hours in such zone; removing the school zone for certain street(s); providing for installation of signs and markings; regulating vehicular and pedestrian traffic; 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. (C. Holsted, City Engineer) H. Consider, and act upon, the award of bid # W2013-71-B for Woodbridge Parkway Bridge, Paving and Drainage Construction; to Mario Sinacola & Sons in the amount of $4,414,571.00, and authorizing the City Manager to execute any and all necessary documents. (C. Holsted, City Engineer & G. Hayes, Purchasing Agent) I. Consider, and act upon, acceptance of the resignation of F. Darrell Harris from the Planning and Zoning Commission and the appointment of Randy Owens to Planning and Zoning Commission to the Planning and Zoning Commission to fill the vacancy. (R. 011ie, Planning Director) J. Consider, and act upon, approval of a Preliminary Plat for Jacobs Addition, establishing one commercial lot and open space lot on 3.017 acres, generally located east of Springwell Parkway and south of FM 544. (R. 011ie, Planning Director) Council Action A motion was made by Councilwoman Culver, seconded by Councilman Wintters to approve the consent agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Stephens absent. REGULAR AGENDA 1. Consider, and act upon, authorizing the City Manager to sign a Development Agreement between the City of Wylie and Robbins Property Company No. 3, LTD, Southwestern Medical Foundation, Groves Farm, LTD., Wylie-FB, LTD., and RNH Development Company, for the development of Dominion of Pleasant Valley, a master planned community consisting of varied density single family dwellings. Located west and south of Pleasant Valley Road and south of Sachse Road/South Ballard Ave.. (R. 011ie, Planning Director) Minutes September 24, 2013 Wylie City Council Page 3 Staff Comments Planning Director 011ie addressed council stating that Mr. Ron Haynes, representing the property owners contacted the City in regards to initiating a Development Agreement for a 62.7846± acre tract of land (Tract 1) situated in Wylie's ETJ. 011ie noted that the Master Planned Development Zoning had been approved as Item E of the consent agenda. Council Action A motion was made by Councilman Scott, seconded by Councilman White to authorize the City Manager to sign a Development Agreement between the City of Wylie and Robbins Property Company No. 3, LTD, Southwestern Medical Foundation, Groves Farm, LTD, Wylie-FB, LTD., and RNH Development Company, for the development of Dominion of Pleasant Valley, a master planned community consisting of varied density single family dwellings. Located west and south of Pleasant Valley Road and south of Sachse Road/South Ballard Ave. A vote was taken and the motion passed 6-0 with Councilman Stephens absent. 2. Consider, and act upon, approval of the Financial Management Policies. (L. Bantz, Finance Director) Executive Summary Finance Director Bantz addressed council stating the purpose of the Financial Management Policies is to formalize financial guidelines for the City. They will assist City staff in planning and directing the City's financial affairs and provide a document that codifies these policies in one place. Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to approve the Financial Management Policies as presented. A vote was taken and the motion passed 6-0 with Councilman Stephens absent. 3. Consider, and act upon, Resolution No. 2013-21(R) authorizing the City Manager of the City of Wylie, Texas, to execute an Interlocal Agreement by and between the City of Wylie and the Town of Fairview for the performance of governmental functions and services; specifically, emergency dispatch services associated with fire, rescue, and emergency medical services first responder general fire services. (R. Corbin, Fire Chief) Executive Summary After two years of discussions between the Town of Fairview and the City of Wylie, both entities have come to the conclusion it is beneficial for both parties to enter into an Interlocal Agreement for Emergency Dispatch Services. The additional call load in Wylie's dispatch will be less than 800 calls per year, and the benefit to Wylie is the funding of another dispatcher. Wylie will not be answering Fairview's 9-1-1 or administrative phones. Council Action A motion was made by Councilman White, seconded by Councilman Jones to adopt Resolution No. 2013-21(R) authorizing the City Manager of the City of Wylie Texas to execute an Interlocal Agreement by and Between the City of Wylie and the Town of Fairview for the performance of governmental functions and services; specifically, emergency dispatch services associated with Minutes September 24, 2013 Wylie City Council Page 4 fire, rescue and emergency medical services first responder general fire services. A vote was taken and the motion passed 6-0 with Councilman Stephens absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2013-37 and 2013-38 into the official record. WORK SESSION • Presentation and discussion of the draft Communications Audit Report and Strategic Recommendations by Cooksey Communications. (E. Hogue, Mayor) Gayle Cooksey, President of Cooksey Communications and Colby Walton presented a draft of the Communications Audit Report and Strategic Recommendations for the City of Wylie. Gayle Cooksey addressed council stating that the report being presented tonight was called "Elevating Wylie's Communication Plan". She reported since their initial meeting with council in March, there have been tremendous strides in Communication. Cooksey mentioned over 80 media placements in the last six months, not including the Wylie News. Cooksey noted that additional strides and resources will be needed to "keep your foot on the gas pedal and move ahead". Cooksey commended Public Information Officer Craig Kelly for his phenomenal job in garnering this unprecedented number of media placements through press releases and media contacts. Cooksey reviewed 7 key strategies including: • Establishing funding and dedicate resources to support not only the City's key PIO functions, but also proactive public relations and marketing efforts; including a new communication specialist Coordinator and outside consulting on a minimum basis. • Use economic development funds to create an advertising and event sponsorship campaign that promotes economic development activities and opportunities; including shared ads in key business publications. • Use proactive public relations to generate a "buzz" Around Wylie to support both consumer marketing and economic development marketing efforts. • Leverage community events through partnerships and purposeful capture of generated pedestrian traffic. • Build one-on-one marketing relationships with current and potential target audiences. • Elevate the City's use of digital media, including social media, to better engage external audiences. • Enhance internal communications efforts to support external marketing communications. Cooksey noted that some of the strategies would have budgetary costs associated. Direction from council was to further research, among other things, the funding for a support position to the key PIO functions and to research funding for Cooksey to continue consulting on a limited basis, and redesign of the website. Council also requested a work session to review current communications and functions and determine which new strategies were most significant in moving forward with the final plan. Minutes September 24, 2013 Wylie City Council Page 5 RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 7:26 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilman Scott to adjourn the meeting at 7:28 p.m. A vote was taken and the motion passed 6-0 with Councilman Stephens absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes September 24, 2013 Wylie City Council Page 6 : Wylie City Council AGENDA REPORT 411 •1887! '147x ak 7iTM'4 Meeting Date: October 8,2013 Item Number: B Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: 447-5447-58210 Date Prepared: September 30,2013 Budgeted Amount: N/A Exhibits: 4 Subject Consider and act upon, approval of Resolution No. 2013-22(R) authorizing the City Manager of the City of Wylie, Texas, to execute the Interlocal Agreement between the North Texas Municipal Water District and the City of Wylie concerning the relocation of a portion of 36-inch pipeline along East Brown Street. Recommendation A motion to approve Resolution No. 2013-22(R) authorizing the City Manager of the City of Wylie, Texas, to execute the Interlocal Agreement between the North Texas Municipal Water District and the City of Wylie concerning the relocation of a portion of 36-inch pipeline along East Brown Street. Discussion The North Texas Municipal Water District (NTMWD) owns and operates a 36-inch water transmission pipeline along East Brown Street. During the design of the expansion of the roadway, multiple locations were identified that were in conflict with the new storm sewer system. NTMWD worked with staff and the design engineer to reduce the conflicts to one segment of pipeline located west of Eubanks in the vicinity of the new East Brown Street pump station site. Approximately 317 linear feet of 36-inch pipeline was relocated to allow for the construction of the new box culvert as well as the connection to the new East Brown Street pump station. Fifty percent of the cost of the relocation is related to the roadway expansion and will be reimbursed to NTMWD per the terms of the interlocal agreement. Page 1 of 1 RESOLUTION NO. 2013-22(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN THE NORTH TEXAS MUNICIPAL WATER DISTRICT AND THE CITY OF WYLIE CONCERNING THE RELOCATION OF A PORTION OF 36-INCH PIPELINE ALONG EAST BROWN STREET NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the interlocal agreement between the North Texas Municipal Water District and the City of Wylie concerning the relocation of a portion of 36-inch pipeline along East Brown Street. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 8th day of October, 2013. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2013-22(R)-Interlocal Agreement-North Texas Municipal Water District Pipeline Relocation-36"along East Brown Street Page 1 of 2 EXHIBIT "A" Interlocal Agreement Resolution No.2013-22(R)-Interlocal Agreement-North Texas Municipal Water District Pipeline Relocation-36"along East Brown Street Page 2 of 2 The State of Texas } County of Collin } INTERLOCAL AGREEMENT FOR WATER PIPELINE WHEREAS, North Texas Municipal Water District (NTMWD) currently has an existing 36-inch water transmission pipeline from Wylie to Lavon, which parallels the north right-of-way of Brown Street to a point 264 feet west of Eubanks Lane,where said pipeline crosses underneath Brown Street. All of which lies within the Wylie city limits. WHEREAS, Wylie currently has plans for the construction of paving and drainage improvements of Brown Street from State Highway 78 to Stone Road which will require the relocation of approximately 270 feet of the 36-inch NTMWD water transmission pipeline. WHEREAS, Wylie and NTMWD desire to enter into an agreement for reimbursement to NTMWD of the cost for relocation of a portion of the existing NTMWD 36-inch water pipeline along Brown Street,hereinafter called the"Project". WHEREAS,the Wylie City Council has approved funding for the Project. NOW, THEREFORE, THIS AGREEMENT is hereby made and mutually entered into by Wylie and NTMWD for the mutual consideration stated herein as follows: WITNESSETH: ARTICLE I. Wylie hereby agrees to the following: 1. Provide an easement for NTMWD's pipeline relocation adjacent and parallel to the new north right-of-way of Brown Street. 2. At the request of the NTMWD, reimburse the NTMWD for the costs associated with the relocation of approximately 165 feet of NTMWD's 36-inch water transmission pipeline currently located in private easement. The estimated cost of the 36-inch pipeline relocation project is $306,000 and the estimated amount to be reimbursed to NTMWD is $153,000. The City's obligation shall be based on unit price bid by the lowest qualified construction contractor to whom NTMWD shall approve and award the project construction contract and on the appurtenances. 3. Reimburse the NTMWD for the costs associated with the consulting engineer's fee for the design of the project in proportion to the ratio of estimated construction cost reimbursable to NTMWD divided by the total estimated construction cost of the 36-inch relocation ($153,000/$306,000). The proportional amount of the consulting engineer's fee to be reimbursed to NTMWD is estimated to be $19,300. Interlocal Agreement-North Texas Municipal Water District(NTMWD) 36"Water Transmission Pipeline from Wylie to Lavon Page 1 of 2 4. Reimburse the NTMWD for the costs associated with the NTMWD's construction inspector incurred during the construction of the 36-inch pipeline relocation. The amount of the inspection cost to be reimbursed to NTMWD is estimated to be$3,850. ARTICLE II. NTMWD hereby agrees to the following: 1. Provide for the engineering, plans, specifications, inspection, construction and administration of the project. 2. Prepare easement documents,if necessary,to be executed by the City of Wylie and NTMWD. 3. Provide for the costs associated with the relocation of approximately 105 feet of NTMWD's 36-inch water transmission pipeline currently adjacent to the north right-of-way of Brown Street. 4. Provide for the costs associated with the NTMWD's construction inspector incurred during the construction of the 36-inch pipeline relocation constructed for NTMWD's purposes. 5. Allow Wylie's representative (or inspector) access at any time to inspect areas of work being performed. 6. Request in writing, reimbursement for the pipeline relocation including engineering, plans, specifications,inspection,construction and administration of the project. Executed this day of , 2013, by the City of Wylie, pursuant to City Council Resolution No. 22(R), and executed this day of , 2013, by North Texas Municipal Water District. CITY OF WYLIE,TEXAS Mindy Manson, City Manager Carole Ehrlich, City Secretary NORTH TEXAS MUNICIPAL WATER DISTRICT James M. Parks, Executive Director/General Manager Interlocal Agreement-North Texas Municipal Water District(NTMWD) 36"Water Transmission Pipeline from Wylie to Lavon Page 2 of 2 , . .. - . NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through Unity August 20, 2013 Chris Hoisted, P.E., CFM, City Engineer City of Wylie 300 Country Club Road Wylie, Texas 75098 Re: Project No. 247 Wylie-Rockwall-Farmersville 36-Inch Pipeline Relocation Along East Brown Street Completion of Project- Terms of Reimbursement Dear Mr. Hoisted: The above-referenced project is complete. NTMWD has made final payment to the contractor and have received the final invoice from the consultant, Bury Partners. Please see the attached invoice for the amount of$208,274.13 to be reimbursed by the City of Wylie (City) to North Texas Municipal Water District (NTMWD). The following is a breakdown of the costs incurred: • Construction - $157,314.78 317 linear feet of 36-inch and 11 linear feet of 20-inch waterline were affected by the improvements to East Brown Street. Based on the Interlocal Agreement (ILA) the cost share of the construction cost was to be shared equally by NTMWD and the City of Wylie. The total cost of construction was $314,629.56 thus the City of Wylie share is $157,314.78. • Consulting Fees - $27,800.00 Total consulting fees were $55,600.00. Of this, 50°.0, or $27,800.00 is reimbursable per the ILA. • Construction Inspection - $5,122.10 Total construction inspection costs totaled $10,244.20, therefore $5,122.10 is reimbursable per the ILA. 505 E.Brown Street • P.O.Box 2408 • Wylie,Texas 75098-2408 • Telephone:(972)442-5405 • Fax:(972)295-6440 Completion of Project- Terms of Reimbursement Page 2 • Easements - $18,037.25 The City of Wylie per the interlocal agreement was to provide the necessary easements for the construction of the proposed pipeline. The cost of these easements was $18,037.25. The above amounts are in accordance with the Interlocal Agreement for this project. Please see the attached Final Pay Application and Final Invoice from Bury Partners for more details. Please remit the total amount of$208,274.1 3 at your earliest convenience. If you have any questions,please contact Steve Long, or this office at(972)442-5405. Sincerely, M%A.C43,--- 10 ES M. PARKS ecutive Director JMP.'JMS/BC,'JSTI SL.sw Attachments: Invoice Final Invoice from Bury Partners Final Pay Application Interlocal Agreement xc: Judd Sanderson,NTMWD Director of Finance NORTH TEXAS MUNICIPAL WATER DISTRICT ACCOUNTS RECEIVABLE INVOICE 505 EAST BROWN ST P.O. BOX 2408 WYLIE, TEXAS 75098 4111. PHONE (972) 442-5405 Iwo FINANCE DEPT CUSTOMER#: 48-4031 CITY OF WYLIE INVOICE#: 201308054534 300 COUNTRY CLUB RD. INVOICE DATE: 8/05/2013 BLDG. # 100 DUE DATE : 9/04/2013 WYLIE TX 75098 P.O. * : CHARGE DETAIL ITEM DESCRIPTION UNITS TYPE PRICE AMOUNT ENGINEERING 27, 800.00 CONSTRUCTION 157, 314 .78 INSPECTION 5, 122 .10 RIGHT OF WAY 18, 037.25 PROJECT NO. 247 PLEASE REMIT THIS PORTION WITH YOUR PAYMENT CITY OF WYLIE 48-4031 INVOICE#: 201308054534 TOTAL DUE : 208,274 .13 THANK YOU CONTRACTOR'S APPLICATION FOR PAYMENT 5 PAY REQUEST NO: IF FINAL DATE: 30-Apr-13 PERIOD FROM: FINAL TO: FINAL PROJECT; ='17 ENGINEER: Rug r Pasmen Wylie-ttorlwall FpemtrodRe Pipeline Relaeoww Along Earl Brawn Sweet OWNER; NORTH TEXAS MUNICIPAL WATER CONTRACTOR:Lenin Ceutractnes DISTRICT PO BOX 2974 P.O.BOX 1467 Gmgelora,TX 78621 VIVLIE,TEXAS 7SOSS Revised Completion BIDS RECEIVED: 12/07/11 CONTRACT DATE: 1136r2012 NOTICE TO PROCEED: 21212012 Dates CONTRACT AMOUNT: S 311,485.00 CALENDAR DAYS: 135 SUB.COMP.DATE: 6 11 6 120 1 2 ADJUSTMENTS: S 3,144,56 EXTENSIONS: 0 FINAL.COMP.DATE: 7.1612012 egaREEMEU REVISED AMOUNT: $314.62936 REVISED DAYS: 135 REVISED DATE: 7116/2012 SIIHNIARI'OFddJ35'i'AT11S: S1.1II119, ED Total Wok Completed S 314.639.56 Y N to Title Material Stored on Site S - fiLl ( 1 Date: Subtotal S314.629.56 Less 5%Retained V F.RI PI ED BY:N ENG INErNertiaN Subtotal S314,639.56 By: Nam C ruction Mgr. Less Previous Payments S395910.75 �///3 Date: Amount Due This Period S18.711141 13 Bl,'IE51 FA BY: IV' G/—�1 Project Engineer Date: l 3/!3 APPROVED FOR PAYMENT BY;MTSIWD Name Executive Director Date: WORK COMPLETED 100%TIME: •.G ki1.,Y 0 3 `i313 Contractor's Progress Estimate Wylie to Garland Application No 5 Application Penlea FINAL Application Date FINAL A I B C D E F G Item Work Completed Materials Total Completed and Presently F Balance to Finish(B- Stored to Date Stored(not in (B) F) Contract Total Contract Previous From Previous Quantity C or 0) (C+p+E) Item No Description QuantityUnit Price Amount Quanta This Period ty Application(C+D) This Month 1 36"Class 150 C•303 Bar Wrapped Concrete Cylinder Pipe 317 S 441.00 $ 139,797.00 317.00 5 139.797.00 -5 - 5 - 5 139.797.00 f00% 5 - 2 20"Class 150 C-303 Bar Wrapped Concrete Cylinder Pipe 11 S 300.00 5 3,300.00 11.00 5 3.300.00 5 - $ S 3,300.00 100% S ., 3 Connect to Existing 36"Water Line 4 S. 5,000.00 5 20,000.00 4.00 5 20.000.00 S - S S 20.000.00 100% S 4 Hyrdostatic Test&Disinfection 1 S 6,000.00 $ 6,000.00 1.00 5 6,000.00 $ - 5 6,000.00 100% 5 5 Trench Safety 363 5 1.00 5 363.00 363.00 S 363.00 $ - 5 - S 363.00 100% S 6 Flowable Fill 85 $ 70.00 S 5,950.0a 85.00 S 5,950.00 $ - 5 - 5 5,950.00 100% S 7 8"Type A Blow Off Valve Manhole and Piping 1 5 15.000.00 $ 15,000.03 1.00 S 15,000.00 $ - S • $ 15.00000 100% $ 8 Seed,Fertilizer Erosion Control,Matting and Stakes 363 $ 25.00 5 9,075.00 363.00 5 9,075.00 $ - 5 9,075.00 100% 5 9 36"Butterfly Valve and Manhole 3 S 26,000.00 5 76.000.00 3.00 S 78,00000 $ - 1 5 - 5 78,000.00 100% $ 10 20"Butterfly Manhole 1 S 10.000.00 5 10.000.00 1.00 S 10,00000 $ - 5 - 5 10,000.00 100% $ 11 24"Access Manway and Manhole 2 S 9,000.00 5 18,000.00 2.00 S 18,000.00 5 5 - 5 18,000.06 100% S 12 Excavate and Install 15x10 5"thick steel plate 1 S 6,000.00 5 6.000.00 1.00 S 6,000.00 5 - S 6,000.00 100% 5 13 Change Order#1 1 $ 3,144.56 $ 3.144.56 1,00'S 3,144.56 5 3 144 56 100% $ • TOTALS 3 314,629.66 $ 311,485.00 5 - I 3,144.66 $ - $ 314,629.56 100% 5 - 0 44" J. p Bury+Partners Jim Kelly Date:07/10/12 North Texas Municipal rater District invoice#:3003244 505 East Brown Street Professional Services through June 29,2012 Wylie,TX 75098 Project:R010825930001 E Brown St Water Line Relocation / Approved Total Less Current Phase Fee Contract Percent Invoiced Previously Invoke e No. Description Basis Amount Complete To-Date Billed Amount 07 Preliminary and General Items H to Max 2,000.00 N/A 2,000.00 2,000.00 0.00 30 Preliminary and Final Design H to Max 20,000.00 N/A 20,000.00 20 000.00 0.00 31 Additional Design H to Max 10,000.00 N/A 10,000.00 10 000.00 0.00 70 Construction Phase Services H to Max 4,650.00 N/A 3,406.08 2,207.50 1,198.58 87 SUE Sub-Contract H to Max 7,600.00 N/A 7,600.00 7,600.00 0.00 89 Reimbursable Expenses Reimb 0.00 N/A 1,243.92 1,243.92 0.00 94 Field Verification&Topographic H to Max 4,350.00 N/A 4,350.00 4,350.00 0.00 Survey 941 Additional Topographic Survey H to Max 2,000.00 N/A 2,000.00 2,000.00 0.00 96 Easements H to Max 5,000.00 N/A 5,000.00 5,000.00 0.00 Subtotal 55,600.00 55,600.00 54,401.42 1,198.58 Total this Invoice $1,198.581 4. 1017 441(C—hi.,,,-------7 , 6- Leonard McManus Outstanding Invoices Number Date Balance 3003244 7/10/2012 1,198.58 Total 1,198.58 E 4 61 , y0.00 '15. 7 d]o D A 56. (000- 0o so 7 /t? fry Bury+Partners-DFW,Inc.-5310 Harvest Hill Rd.,Ste.100-Dallas,TX 75230-Ph:(972)991-0011 -TBPE No.F-1048 J U L 1 ,L 1012 The State of Texas } County of Collin } INTERLOCAL AGREEMENT FOR WATER PIPELINE WHEREAS, North Texas Municipal Water District (NTMWD) currently has an existing 36-inch water transmission pipeline from Wylie to Lavon, which parallels the north right-of-way of Brown Street to a point 264 feet west of Eubanks Lane,where said pipeline crosses underneath Brown Street. All of which lies within the Wylie city limits. WHEREAS, Wylie currently has plans for the construction of paving and drainage improvements of Brown Street from State Highway 78 to Stone Road which will require the relocation of approximately 270 feet of the 36-inch NTMWD water transmission pipeline. WHEREAS, Wylie and NTMWD desire to enter into an agreement for reimbursement to NTMWD of the cost for relocation of a portion of the existing NTMWD 36-inch water pipeline along Brown Street, hereinafter called the"Project". WHEREAS,the Wylie City Council has approved funding for the Project. NOW, THEREFORE, THIS AGREEMENT is hereby made and mutually entered into by Wylie and NTMWD for the mutual consideration stated herein as follows: WITNESSETH: ARTICLE I. Wylie hereby agrees to the following: 1. Provide an easement for NTMWD's pipeline relocation adjacent and parallel to the new north right-of-way of Brown Street. 2. At the request of the NTMWD, reimburse the NTMWD for the costs associated with the relocation of approximately 165 feet of NTMWD's 36-inch water transmission pipeline currently located in private easement. The estimated cost of the 36-inch pipeline relocation project is $306,000 and the estimated amount to be reimbursed to NTMWD is $153,000. The City's obligation shall be based on unit price bid by the lowest qualified construction contractor to whom NTMWD shall approve and award the project construction contract and on the appurtenances. 3. Reimburse the NTMWD for the costs associated with the consulting engineer's fee for the design of the project in proportion to the ratio of estimated construction cost reimbursable to NTMWD divided by the total estimated construction cost of the 36-inch relocation ($153,0001$306,000). The proportional amount of the consulting engineer's fee to be reimbursed to NTMWD is estimated to be$19,300. 4. Reimburse the NTMWD for the costs associated with the NTMWD's construction inspector incurred during the construction of the 36-inch pipeline relocation. The amount of the inspection cost to be reimbursed to NTMWD is estimated to be$3,850. INTERLOCAL AGREEMENT Page I ARTICLE IL NTMWD hereby agrees to the following: 1. Provide for the engineering, plans, specifications, inspection, construction and administration of the project. 2. Prepare easement documents, if necessary,to be executed by the City of Wylie and NTMWD. 3. Provide for the costs associated with the relocation of approximately 105 feet of NTMWD's 36-inch water transmission pipeline currently adjacent to the north right-of-way of Brown Street. 4. Provide for the costs associated with the NTMWD's construction inspector incurred during the construction of the 36-inch pipeline relocation constructed for NTMWD's purposes. 5. Allow Wylie's representative (or inspector) access at any time to inspect areas of work being performed. 6. Request in writing, reimbursement for the pipeline relocation including engineering, plans, specifications, inspection,construction and administration of the project. Executed this day of , 2011, by the City of Wylie, pursuant to City Council Resolution No. , and executed this day of , 2011, by North Texas Municipal Water District. CITY OF WYLIE,TEXAS Mindy Manson,City Manager Carole Ehrlich, City Secretary NORTH TEXAS MUNICIPAL WATER DISTRICT James M. Parks,Executive Director/General Manager RNTERLOCAL AGREEMENT Page 2 NORTH TEXAS MUNICIPAL WATER DISTRICT MAY 2011 ADMINISTRATIVE MEMORANDUM NO. 3635 REGIONAL WATER SYSTEM WYLIE-ROCKWALL-FARMERSVILLE 36-INCH PIPELINE RELOCATION ALONG EAST BROWN STREET PROJECT NO. 247 INTERLOCAL AGREEMENT The purpose of this administrative memorandum is to outline the nature of the relocation of a portion of the Wylie-Rockwall-Farmersville 36-inch Pipeline along East Brown Street, and to request authority to enter into an interlocal agreement (attached) with the City of Wylie (City), for reimbursement of part of the costs associated with this project. REVIEW The City is planning paving and drainage improvements to East Brown Street in Wylie from State Highway 78 eastward to Stone Road as described in Administrative Memorandum No. 3634. The roadway will be converted from two lanes of asphalt pavement to four lanes of concrete pavement with a center median. The City has acquired additional right-of-way on the north and south sides of Brown Street in a number of selected areas along this reach of roadway. The NTMWD owns and operates a 36-inch water transmission pipeline in this area. The total length of pipeline to be relocated is approximately 270 feet. This will require acquisition of a temporary construction easement and a permanent easement in one location. Of this length, approximately 105 feet of pipe will be the responsibility of NTMWD, and approximately 165 feet will be reimbursed to NTMWD by the City. The estimated construction cost of the 36-inch waterline is $306,000. Based on the details of the design, it is estimated the NTMWD would be reimbursed by the City approximately 50% of the total construction cost. Construction inspection will be provided by NTMWD for the 36-inch relocation, and NTMWD will be reimbursed for part of the inspection costs of the pipeline relocation. The total estimated project cost is $358,500 and is itemized below as follows: TOTAL COST NTMWD COST Engineering Fee, Basic Services $ 31,000 $ 15,500 Engineering Fee, Special Services 7,600 3,800 Construction Cost, 36-inch 306,000 153,000 Inspection Cost 7,700 3,850 Temporary Easement 3,900 0 Permanent Easement 2,300 0 Total $358,500 $176,150 ADMINISTRATIVE MEMORANDUM NO. 3635 PAGE 2 The interlocal agreement will provide for the reimbursement to NTMWD for: 1) construction of approximately 165 feet of 36-inch pipeline in the estimated amount of $153,000; 2) consulting engineer's fee in the estimated amount of $19,300, and, 3) construction inspector cost in the estimated amount of $3,850. The actual reimbursement amount will be based on unit price bid by the lowest qualified construction contractor and the actual number of man hours expended while inspecting the construction activities. RECOMMENDATION It is the recommendation of the Executive Director and NTMWD staff that the Board of Directors authorize the Executive Director to execute the interlocal agreement with the City of Wylie for reimbursement of certain costs associated with Project No. 247, Wylie-Rockwall-Farmersville 36-inch Pipeline Relocation Along East Brown Street, contingent upon approval of this interlocal agreement by the Wylie City Council. This will be an item on the regular agenda of the May 2011 Board meeting. The State of Texas } County of Collin } INTERLOCAL AGREEMENT FOR WATER PIPELINE WHEREAS, North Texas Municipal Water District (NTMWD) currently has an existing 36-inch water transmission pipeline from Wylie to Lavon, which parallels the north right-of-way of Brown Street to a point 264 feet west of Eubanks Lane, where said pipeline crosses underneath Brown Street. All of which lies within the Wylie city limits. WHEREAS, Wylie currently has plans for the construction of paving and drainage improvements of Brown Street from State Highway 78 to Stone Road which will require the relocation of approximately 270 feet of the 36-inch NTMWD water transmission pipeline. WHEREAS, Wylie and NTMWD desire to enter into an agreement for reimbursement to NTMWD of the cost for relocation of a portion of the existing NTMWD 36-inch water pipeline along Brown Street,hereinafter called the"Project". WHEREAS,the Wylie City Council has approved funding for the Project. NOW, THEREFORE, THIS AGREEMENT is hereby made and mutually entered into by Wylie and NTMWD for the mutual consideration stated herein as follows: WITNESSETH: ARTICLE I. Wylie hereby agrees to the following: 1. Provide an easement for NTMWD's pipeline relocation adjacent and parallel to the new north right-of-way of Brown Street. 2. At the request of the NTMWD, reimburse the NTMWD for the costs associated with the relocation of approximately 165 feet of NTMWD's 36-inch water transmission pipeline currently located in private easement. The estimated cost of the 36-inch pipeline relocation project is $306,000 and the estimated amount to be reimbursed to NTMWD is $153,000. The City's obligation shall be based on unit price bid by the lowest qualified construction contractor to whom NTMWD shall approve and award the project construction contract and on the appurtenances. 3. Reimburse the NTMWD for the costs associated with the consulting engineer's fee for the design of the project in proportion to the ratio of estimated construction cost reimbursable to NTMWD divided by the total estimated construction cost of the 36-inch relocation ($153,000/$306,000). The proportional amount of the consulting engineer's fee to be reimbursed to NTMWD is estimated to be$19,300. 4. Reimburse the NTMWD for the costs associated with the NTMWD's construction inspector incurred during the construction of the 36-inch pipeline relocation. The amount of the inspection cost to be reimbursed to NTMWD is estimated to be$3,850. INTERLOCAL AGREEMENT Page 1 ARTICLE II. NTMWD hereby agrees to the following: 1. Provide for the engineering, plans, specifications, inspection, construction and administration of the project. 2. Prepare easement documents, if necessary,to be executed by the City of Wylie and NTMWD. 3. Provide for the costs associated with the relocation of approximately 105 feet of NTMWD's 36-inch water transmission pipeline currently adjacent to the north right-of-way of Brown Street. 4. Provide for the costs associated with the NTMWD's construction inspector incurred during the construction of the 36-inch pipeline relocation constructed for NTMWD's purposes. 5. Allow Wylie's representative (or inspector) access at any time to inspect areas of work being performed. 6. Request in writing, reimbursement for the pipeline relocation including engineering, plans, specifications, inspection,construction and administration of the project. Executed this day of , 2011, by the City of Wylie, pursuant to City Council Resolution No. , and executed this day of , 2011, by North Texas Municipal Water District. CITY OF WYLIE,TEXAS Mindy Manson, City Manager Carole Ehrlich, City Secretary NORTH TEXAS MUNICIPAL WATER DISTRICT James M. Parks,Executive Director/General Manager INTERLOCAL AGREEMENT Page 2 `�i� OF 1Vpr f _ 4tC-��r'f Wylie City Council �a bv -lrGtii4u i_ -- s , AGENDA REPORT Meeting Date: October 8,2013 Item Number: C Department: Police (City Secretary's Use Only) Prepared By: Purchasing Account Code: 100-5211-58510 Date Prepared: September 30,2013 Budgeted Amount: $88,500 Exhibits: n/a Subject Consider and act upon, the approval of the purchase of 3 Police Tahoe vehicles from Reliable Chevrolet in an estimated amount of$82,770.00 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. Recommendation Motion to approve, the purchase of 3 Police Tahoe vehicles from Reliable Chevrolet in an estimated amount of $82,770.00 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of 3 Chevrolet PD Tahoe vehicles from Reliable Chevrolet in the estimated amount of$82,770.00 a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071- Al. These vehicles are replacements for existing patrol units that have reached their end of life. The City is authorized to purchase from the State Contract list pursuant to Section 271 Subchapter D of the Local Government Code and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Page 1 of 1 ..t,/ OF t : Wylie City Council AGENDA REPORT 411 •1887! Meeting Date: October 8,2013 Item Number: D Department: Public Services (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: September 24,2013 Budgeted Amount: Exhibits: 1 Subject Consider and act upon, a vendor application from the Wylie East Colorguard for a fundraiser at the Bart Peddicord Community Center on December 14, 2013. Recommendation Motion to recommend approval of the vendor application from the Wylie East Colorguard for a fundraiser at the Bart Peddicord Community Center on December 14, 2013. Discussion The Wylie East Colorguard would like to conduct a "Breakfast with Santa" fundraiser at the Bart Peddicord Community Center on December 14, 2013. The Parks and Recreation Board at their Regular Meeting on September 23, 2013 approved the vendor application for the Wylie East Colorguard fundraiser at the Bart Peddicord Community Center on December 14, 2013. Page 1 of 1 PARKS AND RECREATION CITY OF WYLIE 300 Country Club, Building 100,Wylie,TX 75098 972.516.6340 VENDOR REGISTRATION-Once approved by City Council vendor has 7 days to finalize event with Parks& Recreation acili staj.Recommended timeline or submission to Park Board is 3-4 months in advance o event. Group,O Individual, etc. Name Phone Number tAJ E /- S ( G or aU0-rtd Address Alternate Phone Number City/State/Zip E-mail W Lit . Tx 7.50 Contact Pon Name Phone Number (�Gf-LCk_ i7,a - So3 - 7yc/ Address Alternate Phone Number 131 SA0ppc, r-!'i - vYa - (07(Ql City/State/Zip E-mail uJ� // 2 rx 7S0 9 g I G a.r.L c� e l c�„,3<v ,, f< < /, (�ri.-►-� Emergency Contact Name Phone Number Address Alternate Phone Number City/State/Zip E-mail Event Information Event Name lirer',_/.< PC,4 n f-G� Type of Event Purpose of Event ICare o-pi`a {-U 1 Ra. 'se_ mGi, P c - {-1, } Location Proposed Event Daters) I ll r� Girl r`CGrr( �h .,-, ., � C en1Ce/l DC, /'/ aG/ Number of Individuals Vending Items Start Time End Time f' 4,'00 ter,, iI 30,_ m Anticipated Number in Attendance Event Target Audience co Came - 9r) Specific Items to be Sold Fran C cam./< t aRfiee, QJ, n2 ='l k. p i'G40,-e c,</ C.L rz l-CL NOTE: ..t,/ OF t 0- ,,,(�:_g Wylie City Council fir. ., ' AGENDA REPORT -•iss7•aTF ak riTM.s Meeting Date: October 8,2013 Item Number: E Department: Public Services (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: September 24,2013 Budgeted Amount: Exhibits: 1 Subject Consider and act upon, a vendor application from the Wylie Animal Advocates Group for a fundraiser at Olde City Park on November 16, 2013. Recommendation Motion to recommend approval of the vendor application from the Wylie Animal Advocates Group for a fundraiser at Olde City Park on November 16, 2013. Discussion The Wylie Animal Advocacy Group (WAAG) would like to conduct a fundraiser at Olde City Park on November 16, 2013. The Parks and Recreation Board at their Regular Meeting on September 23, 2013 approved the vendor application for the WAAG fundraiser at Olde City Park on November 16, 2013. Page 1 of 1 liifm PARKS AND RECREATION CITY OF YLIEE 300 Country Club, Building 100,Wylie,TX 75098 W 972.516.6340 VENDOR REGISTRATION-Once approved by City Council vendor has 7 days to finalize event with Parks& Recreation facility staff Recommended timeline for submission to Park Board is 3-4 months in advance of event. Refer to Cit of W lie Code of Ordinances Section 78-105, Parks and Recreation, Peddling and vendin+ of articles Group, Organization, Individual, etc. Name Phone Number !Wylie Animal Advocacy Group (Neoma Gomez) 469-363-5394 Address Alternate Phone Number 108 Cobblestone Drive i L_ City/State/Zip E-mail Wylie,Texas 75098 I I - Contact Person Name Phone Number Neoma Gomez 469-363-5394 Address Alternate Phone Number City/State/Zip E-mail NeomaVGc yahoo.com Emergency Contact Name Phone Number (Cary Gomez 11469-5§2-700 Address Alternate Phone Number 1214-289-5195 City/State/Zip E-mail _jCarv_Gomez@asibizzccom jj Event Information Event Name I ---,-_---- _ _..____-_ ... . ._. ._. -.J Type of Event Purpose of Event 'Fund Raiser I ['Raise money for 501c3 status for WAAG Location Proposed Event Date(s) IOlde City Park,Wylie I November 16th 2013 Number of Individuals Vending Items Start Time End Time 9:00 am l 3:00 pm 1 Anticipated Number in Attendance Event Target Audience i !Wylie and surrounding area residents . Specific Items to be Sold P-AAdra'‘S - i nlu r• euer'-- - o c �l elm_ 2r.ouce BoLk es- c. In- w;th karaok .e , Fkce pk,r.+',C J S', ec\-�- c Lk( r\on i UergacS BAke S ?i � c!oroc--\-IonS , W1S0 hc?e -Ao be;P.5 'in \ocak 141,4.17ra +2t,1,scw€ 5 -Foy otoc,4,oc. S , NOTE: If food is prepared on-site or off-site and brought to the location to be sold,the vendor must contact the City Inspections Office(972.516.6420)in order to obtain a Health Permit prior to the sale of such products.An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. : Wylie City Council fir. ., i •t8S7. ' AGENDA REPORT -aTF ak riTM.s Meeting Date: October 8, 2013 Item Number: F Department: Information Services (City Secretary's Use Only) Prepared By: Purchasing Account Code: 100-5155-52130 Date Prepared: September 30,2013 Budgeted Amount: $51,500.00 Exhibits: n/a Subject Consider and act upon the purchase of computers from Dell Marketing LP in the estimated amount of $51,500.00 through a cooperative purchasing contract with the State of Texas Department of Information Resources agreement DIR-SDD-1951, and authorizing the City Manager to execute any necessary documents. Recommendation A motion authorizing the purchase of computers from Dell Marketing LP in the estimated amount of $51,500.00 through a cooperative purchasing contract with the State of Texas Department of Information Resources agreement DIR-SDD-1951, and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of 25 desktop computers and 5 laptop computers from Dell Marketing LP in the estimated amount of$51,500.00 through a cooperative purchasing contract with the State of Texas Department of Information Resources agreement DIR-SDD-1951. This purchase is for the replacement of existing units which are out of warranty, and at least 4 years old. The City is authorized to purchase from the State Contract list pursuant to Section 271 Subchapter D of the Local Government Code and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 8, 2013 Item Number: G Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: N/A Date Prepared: October2, 2013 Budgeted Amount: N/A Exhibits: 2 Subject Consider and act upon, the First Amendment to the Dedication and Impact Fee Agreement between Creekside Development, Inc. and the City of Wylie for 2.221 acres of right-of-way for the McMillen Road paving project. Recommendation Motion to approve the First Amendment to the Dedication and Impact Fee Agreement between Creekside Development, Inc. and the City of Wylie for 2.221 acres of right-of-way for the McMillen Road paving project. Discussion On April 23, 2013 the City Council approved the Dedication and Impact Fee Agreement between Creekside Development, Inc. and the City of Wylie. The Agreement specified that the right-of-way will be dedicated by the property owner in exchange for impact fee credits. The Agreement also describes the property for which the impact fee credits are based. Since the approval of the Agreement, the City has purchased property and exchanged land with Creekside Development Inc. in order to secure property for future Fire Station #4. This transaction makes the property description contained within the original Agreement no longer accurate and the proposed Amendment is simply to correct the description of multi-family portion of the property. Page 1 of 1 FIRST AMENDMENT TO DEDICATION AND IMPACT FEE AGREEMENT THIS FIRST AMENDMENT TO DEDICATION AND IMPACT FEE AGREEMENT (this "Amendment") is made and entered into effective on the day of , 2013, by and between Creekside Development, Inc. ("Developer"), and City of Wylie, Texas ("Wylie"). WITNESSETH: A. Developer and Wylie entered into that certain Dedication and Impact Fee Agreement (the "Agreement") dated April 23, 2013, recorded on June 14, 2013, as Instrument No. 20130614000824420 in the Official Public Records of Collin County, Texas, and re- recorded on June 28, 2013, as Instrument No. 20130628000900370 in the Official Public Records of Collin County, Texas; B. On June 3, 2013, Developer and Wylie entered into a certain Real Property Exchange Agreement (the "Exchange Agreement") under which Developer will convey Lot 2 of Block 1 in the Fire Station No. 4 Addition, an Addition to the City of Wylie, Collin County, Texas, according to the map or plat thereof recorded in Volume 2013, Page 439 of the Map Records of Collin County, Texas ("Lot 2"), to Wylie in exchange for Wylie's conveyance of Lot 3 of Block 1 in the Fire Station No. 4 Addition, an Addition to the City of Wylie, Collin County, Texas, according to the map or plat thereof recorded in Volume 2013, Page 439 of the Map Records of Collin County, Texas ("Lot 3") to Developer; C. Of even date herewith, Developer and City completed the exchange of Lot 2 for Lot 3 in accordance with the Exchange Agreement; D. Developer and Wylie desire to amend the Agreement in certain respects. In consideration of the above stated recitals, and the respective covenants and agreements set forth in this Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows: 1. Capitalized Terms. Capitalized terms used in this Agreement have the meanings stated in the Contract unless otherwise defined herein. 2. MF Portion Re-defined. The MF Portion of the Property under the Agreement is hereby re-defined to exclude Lot 2 and to include Lot 3. 3. Counterpart and Facsimile Execution. This Amendment may be executed simultaneously in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. A facsimile signature of a party shall be binding on such party to the same extent as an original signature, provided that the parties agree promptly to thereafter exchange original, executed counterparts thereof, but failure to do so shall not affect the validity, enforceability or binding effect thereof. First Amendment-Dedication And Impact Fee Agreement-Creekside Development,Inc. 2.221 acres of ROW-McMillen Road Paving Project Page 1 of 3 4. Governing Law. This Amendment is governed by and is to be construed in accordance with the laws of the State of Texas. 5. Effect of this Amendment. Except as set forth in this Amendment, there are no other modifications or amendments to the Agreement and the Agreement is reaffirmed and shall continue in full force and effect strictly in accordance with its terms. EXECUTED TO BE EFFECTIVE as of the date first above written. DEVELOPER: CREEKSIDE DEVELOPMENT, INC., a Texas corporation By: James J. Melino, President WYLIE: CITY OF WYLIE, TEXAS By: Mindy Manson, City Manager ATTEST: APPROVED AS TO FORM: Carole Ehrlich, City Secretary Abernathy, Roeder, Boyd&Joplin, P.C. Courtney Kuykendall, City Attorneys First Amendment-Dedication And Impact Fee Agreement-Creekside Development,Inc. 2.221 acres of ROW-McMillen Road Paving Project Page 2 of 3 STATE OF TEXAS: COUNTY OF COLLIN: BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED MINDY MANSON, KNOWN TO ME TO BE ONE OF THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT; HE ACKNOWLEDGED TO ME THAT HE IS THE DULY AUTHORIZED REPRESENTATIVE FOR THE CITY OF WYLIE, TEXAS, A TEXAS HOME RULE CORPORATION, AND HE EXECUTED THE SAID INSTRUMENT FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF OCTOBER, 2013. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS My commission expires: STATE OF TEXAS: COUNTY OF DALLAS: BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED JAMES J. MELINO, KNOWN TO ME TO BE ONE OF THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT; HE ACKNOWLEDGED TO ME THAT HE IS THE PRESIDENT AND DULY AUTHORIZED REPRESENTATIVE FOR CREEKSIDE DEVELOPMENT, INC., AND HE EXECUTED THE SAID INSTRUMENT FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF OCTOBER, 2013. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS My commission expires: First Amendment-Dedication And Impact Fee Agreement-Creekside Development,Inc. 2.221 acres of ROW-McMillen Road Paving Project Page 3 of 3 I I \ CODNRYLT COLLIN X 0M100SCIRRIVICA113 li II Z'Th new 'dae=ge'nertleree=V:74M7el.e=a:Zur:ee;70;a.3:oted ie annual Chan.flOOC(Plain., (.. (- ,,,- ,e. \ STATE Or ROW X VOn:'7,,;1,°;„7.'ec,l,r,d.an'tr.rxr,:,.:,i nz n7r:,=.2-4 l';'ort!Thot4tf',7;,,nr:ZZo',==.5:,•., , No.20130515000853500,of the Off,fal Public Records,Collin County.Tee..(0.P.RC.C7.)and a part of Traci 4.descrlbed by deed to Creekaide VI \ i 7 GRAPHIC \c..('' L'IT SCALE - IT ,t,L;1,/!;17,rct.74,rtwc,!1,1%can:=2-4,11,se,',°L:ttet:',70,7=.„T."-d-d'-n-d')d'IITY.717t--1 . 1. ..or aot 1.grant.one dedicated to and for the benefit of the owner(s)of Lot 5. LOt 22 \ z,f 1 (Br Fe=7 , _--/- \ 7017011':-"EffE?ar.:Zinroirialnailia5:1"A°Sorni 21":Eitli:Zaa';°Ahn"i'L":tn'°1:::Ctr'":' i' 7 ifyoly=50 ft. \ - ' 000000 dialance of 52.26(to a.pp.Iron rod set far corn, Lot 23 \ THENCE North Ei2.35'23.West.along the north.,line of said Right-of-Way Dedication,same belnh over and across sold Tract 9.a dialance of mean oat.and across soid Tract a,Ille faeowing courses a.dfelancen, 6.1, I, _ _ N00.40.50"13 _300.OP_ i/e ma \ -.- '--- , 5 t urn 897;.73".V a:;.e:srae:eff To°,,,°;t 1=t'.7e't.,,,—,„,-,,,--.„,—,a ane City of Wylie tract ;',g,'f, 1 ________T g ' Lot 24 \ IPMF'aEiiinFlinfiFf i;(dVaFncirrd'S'i 7ol'Ill':r„'.'54o"ZO tf r'tFe'liii7orVafItlia:e:'ly7,1(T'elx.:(1,÷°0.7'.7(:4.2 .set 1 I \ , ----I THENCE North 89,(50-East.along the southerly Ilne of Lots 27,-2,,,Blula E.of eald adeetIon,o distance of 26,4,00'to a copped Iron rod set for y 1 IR Remainder of Tract a , I \---- t lx,,03,0;72%.70:.L,nt.g!,,ot Weir,tract.some be,on ell oorner of sa(d Odeon.from whIch a 5/8(ran rod found hear,South Lot 2,Block I ;A I .,`ZroV6=0. 1.378 Acres \ l'EF t, I 4@ 1 ,,,,,:,=:,,,,--. 1- I Lot 28 \ 0011MT Or COLLIN X STAMM MAR X NOW,DEDDIDPORJR KNOW ALL RON BY IIIESDPREDIEWS: d'IM.'Td. I 1 0 4 :1, g ---1 ProPerty os ME Sallee em.a ADDITION,an addition to the CI,,3,2e,Coilln Count,re,3,$on2 do.3.12 ded,n1e. i ,78 V r--- - ,- g! I N00.40,0-8 900.01. .:...).... ______ Noolursol,40,.,_ ..Z4:_________ ,..,,,,,, Lot 27 ff.hu ..fen,fe.frffe..uhf or°the((mPro`emef tf f(f Orow..ii i,o fonf'°(..ff°a'((trUftff'ff l'affd L.22, ow or across the easements cs shown.Sad easements being hereby reuryed for mutual use ond accommodaeon of oll Peel,utile,.using Or desiring to see the oar..All and or,Mic ova.onom no.7.dont to....and keep reo.ata i 'arlaZ—1 l'''''Ol.ar, ca'a:.f..r'a"4. shall at all time,ha.full right of ingress on d,ese to or Iran end upon the sold eaurnents for the purpose of k -f((t r—'tl,r"'''' systems without the mousey al any 7.of procuring the permiesion or on..(a.pota.utility.11 have.(lght of'''drogicl" ,,,,v.mi.h.on.,sr. ._..,geff. for cometructian and moIntenance of.eye..., .ltbnol orea Is also conveyed for inetalla,and maIntenonce of R 0.377 Acres k Lot 28 ,.. S.‘0(3A. mcoholes,(cleonauts,fire hydrants,water servIces.watt,water service,from the Meet to the curb or Imprownent line and deaception of such adon easements herein granted shall be deterremed by thee location on Installed, 1.7 1li a I Lot 1, Block 1 i i E____________ Wt.*.my hand.tars the day ef Gross: 2.195 Acres li '' i Net: 1.818 Acres .r. 'a p Lot 3, Block 1 2.873 Acres r:whol.Development Mu City at WA. (.g It / James A Nelino-President Mindy Manson-City Man... I2 r I Ir.; Lot 2, f coomnroFc00189 tk' XI Zfilift° I°V.I.%17gretToi 1,-;rAd N ,/ STARS Or TEXAS X I Om...a 77,,t 2.0 013andoned By((his Pint) / ITe'e'atelte7 Le=ro're:tnerVe'o=n Voe:rn=e7:ulljire7(to'ntiZfortgeeliTi=ned 5 . ...aged tc:..7 tho to.to.oot ood aeoa lo 7.copocay therein sta..,for 7.woo., '7 / ... .8 1 -- - -A __I WTNESS MY NANO AND SEAL OF OFFICE an this,the day of 2 r9 I - / NOTARY PUBLIC In and foe the Stole of 1,MM Beghming k-' L 800.40.50.W ' nr:Wri., I\'far ..-,.... \ 837.60' / \ / COUNTY Or COLLIN X Mlle Cat TEXAS X 1 L°'tj'''''i F'I Lot 59 M"41:rne;)\ et.e 1 / Lot 51 s Lot SO , Lot at / Lot 58 \\ // Lan.Ite commondI ea Lot.' \, \ / // 0 PaVckn3ow:1;hutdtrz''J'rr'=ootht'isa,n'dt^h:ed eter 1 / 0010 / . ro / NN m 'yfl 1fth:'e.re iirn.s`,",t,:a,:te.,d"„..„"a,nd7,f:o=r the pTurp:gosde°s NOTARY PUSIJC in oaa for the Stole Of Texas HT CEMIDICATID Le, &NOW ALL DM DICRISESEPRESIDITS: —1.:mt.:::•::_. '''' Li7---. ','!7'4,,Z,r;','4'zd'd°--"" two: mata.ad ao.rol .....7..." ToreTn:'=1:'4,114:.eroZ 7:N.:°o7r=rrtolo=o;':o.nro 7..TZ=7VoZa74 'Approved foe Cavell,' 300 nl7ry ;#100 ,,I,;,zdoc=ercrongerZlauper...islon In accardence with.Plotting Rules ond aogoottona of.City of / fox,9.72-516-6026 ....' newer at, Mayor,City of Wylie.Texas Date( Email,Nindy.Mansangweietexugav ''''''''' ' '''' '''!**;.' yEEE.E..m. PZ Approved 08-06-13 MEMEL B.ARTHUR e0 ,,,: 'T.:11,:;e.. Mayor.City of V12.i.e.. Dale::"P5,6s,:n:;:,..3. Fox,216-691-0682 FINAL PLAT COUNTY OP COLLM X R 0...,._ FIRE STATION 0,40 SUM OP TEXAS X ''' l'''''' ';Ai"4 Contact,James Mellno 0000 re7AIL"1:(APTI1jUrre=to'nTro'b'et:Per=Whore.n=i ,I=L",t. .71,7=' 4 Cfri z en cod..,Tvai T,Tavirrs.wv,tm,Tor,;„,:twz-zwr'''-"'""°' tile CI,Council on the day of th there oaepted the dedication of Mete.olle2 park. '' ''' 280,781 Sq.Ft./8.445 Acres ettnt=cPlIC'enr:rt.1:2"Ind DM= Nembarger Associates.Inc. 1U;le7T15ger NO.4 ADDITION WITNESS MY HAND ANO SEAL Of cola on I..,the day of '-- ' tt 7 ? :f ir.laninolot;M:11,::onZao74 nno=dri7 il lcat="'" mos o:. .Fona day of =HZ.....-74. roe(9.72)4.12-1•28 John W.Mitchell Survey...Abstract No.589 Math Teem Survey*LleCe 11.MeredhelaomaxeriSaneym City of Wylie,Collin County,Texas NOTARY PUBLIC In cod for the State of Texas (Me ol..ere4 Lte.No '''."eVe°"'.........tle."'"a :-"^ Dated:06/06/2013 Scale:1.=50' ',.'trv7.r.Te„as SURVEY DATE:04/10/2013 f SCALE, 2'4 50' I MOM BY; C.S MI.H. I K, g Ble MBA I JOB NO.: 2013-00. I ____, `his OF tVpr 4_ 4 1,-7 Wylie City Council lrGtiiu s : AGENDA REPORT Nil.Meeting Date: October 8,2013 Item Number: H Department: Finance (City Secretary's Use Only) 100-5211-58510; Prepared By: Purchasing Account Code: 611-5712-58510 $147,000: 100-5211-58510 - $ 46,000 Date Prepared: October 3,2013 Budgeted Amount: 611-5712-58510 - $101,000 Exhibits: Subject Consider and act upon the approval of the purchase of six (6) vehicles from Reliable Chevrolet in an estimated amount of$139,402 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. Recommendation Motion to approve, the purchase of six (6) vehicles from Reliable Chevrolet in an estimated amount of $139,402 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of the following 2013 vehicles Reliable Chevrolet in the estimated amount of $139,402 a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al. These vehicles are replacement units for that have reached their end of life: Water Department: Qty 3 Chevrolet Silverado 1500 Pick-Up ($67,740) Water Department: Qty 1 Chevrolet Silverado 3500 Pick-Up ($26,503) Police Department(CID/CAC): Qty 2 Chevrolet Silverado 1500 Pick-Up ($45,160) The City is authorized to purchase from the State Contract list pursuant to Section 271 Subchapter D of the Local Government Code and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Page 1 of 1 `)"0 OF 47pr 4 ftC _ -If Wylie City Council �a bv -lrGtii4u i_ -- s ,IiiAGENDA REPORT Meeting Date: October 8,2013 Item Number: 1 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: September 24,2013 Budgeted Amount: Exhibits: 4 Subject Hold a Public Hearing and consider, and act upon, amending the zoning from Planned Development (PD2007- 35) - Neighborhood Services (NS) to Planned Development-Single Family District (PD-SF) for single family dwellings on 4.86 acres. Located on the northeast corner of FM 544 and Collins Blvd. Recommendation Motion to approve amending the zoning from Planned Development (PD2007-35) - Neighborhood Services (NS) to Planned Development-Single Family District (PD-SF) for single family dwellings on 4.86 acres. Located on the northeast corner of FM 544 and Collins Blvd. Discussion Owner: Development Solutions BZ, LLC Applicant: Ridinger Associates, Inc. The applicant is requesting to establish permanent zoning on approximately five acres. There are two separate tracts of land included in this request. Both tracts are currently zoned PD 2007-35, which was originally intended for a daycare use when zoned in 2007. This zoning request is to initially develop a set of model homes to serve home builders in the Bozman Farms subdivision (PD 2002-52). Eventually these model homes and the street frontage will be reconfigured to serve as single family residences. Exhibit "C" (Model Exhibit Phase 1) and Exhibit "D" (Phase 2) illustrate the proposed layouts and shall be made a part of the adopted Ordinance. In accordance with the proposed PD, the property will be divided into seven lots, four to be used for the homes and three as HOA maintained open space. No parking will be allowed along Collins Blvd and will be enforced by street signs. At the completion of Phase 1, the parking lot will be removed and used as open space, and a one way concrete slip road will be constructed along Collins Blvd. to access the residential lots as shown on Exhibit ,Ty. The minimum lots size allowed is 7,500 square with the lot size average set at a minimum 9,500 square feet. The minimum dwelling size is 2,200 square feet with half being over 2,400 square feet. Page 1 of 2 Page 2 of 2 All architectural elements are the same as the requirements for PD 2002-52 in order to be consistent with existing Bozman Farms community. Notification/Responses: Sixteen (16) notifications were mailed as required by law, with one (1) written response returned favoring the request and one response opposing the request at the time of posting. Planning Commission Discussion The Commissioners questioned how the lots would drain and the protection of the large trees on the property. In an effort to maintain the large trees that exist on the property, the houses will be constructed further behind the build line and behind the existing trees. Lots will drain to a drainage easement that will be installed on Lot 1 and then channeled to a culvert. A retaining wall and additional landscaping will be installed. There was some discussion of what Neighborhood Services District allows. Staff explained that Neighborhood Services District allows by right, retail/light commercial uses. Commissioners stated that the property will eventually be developed and single family was a better use of the land than commercial. The Commission voted 5-0 to recommend approval of the request. Exhibit"A" Legal Description Zoning Case # .201,3•O BEING situated in the City of Wylie, Collin County, Texas at the northeast corner of Collins Boulevard and FM 544, and being 1151 and 1155 Collins Boulevard, and also being described as Lot 1 and Lot 2 of Block E in the Lake Trails of Bozman Farm Addition as recorded as Document#2004-0041078 in the Plat Records of Collin County, Texas. Bozman Farms Model Center Zoning Page 1 of 6 Revised 7/30/2013 Exhibit"B" Conditions of the Planned Development District Zoning Case# g0(3'a c The following conditions shall apply to said property included in the Legal Description in Exhibit "A" of this zoning ordinance. Lot 1 and Lot 2 of Block E comprise a total of 2.03 acres of land within the Lake Trails of Bozman Farm Addition as recorded as Document#2004-0041078 in the Plat Records of Collin County, Texas. Planned Development Requirements: I. Statement of Purpose: The purpose of this Planned Development District is to develop single-family residential lots matching the sizes and types of lots in the Bozman Farms development. This development shall serve as the model lots for the Bozman Farms development; therefore, these homes and the development around them will need to closely match what is built throughout the development and what is available to home buyers. Once the model lots are no longer needed, this development will be converted from model homes to residential homes and sold individually to home buyers. II. Statement of Affect: This Planned Development shall not affect any regulation found in the Zoning Ordinance as adopted and amended, except as specifically provided herein; Ill. General Regulations: All regulations providing for a Residential District as set forth in Article 3 of the Zoning Ordinance are included as reference and shall apply, except as otherwise specified under the Specific Regulations within this document. The conditions contained within this document and the conditions of the Zoning Ordinance shall constitute all the zoning requirements applicable to this Planned Development. IV. Development Plan: Development shall be in conformance with the Development Plan attached to this Exhibit; however, in the event of conflict between the Development Plan and the written conditions of this ordinance, the written conditions shall apply. The Development Plan shall serve as a Preliminary Plat for this development. All lots are currently laid out for both Phase I and Phase I I development. V. Development Phasing: This development shall be developed in Two (2) Phases. The improvements made in each phase are listed below. A. Phase I: Initially, Lots 1 and 2 of Block E will be subdivided as shown on the attached Development Plans. Homes will be constructed and shall serve as model homes for the Bozman Farms development. This location does not prohibit additional model homes from being constructed within the development as needed. A parking lot will be constructed on the east end of the residential lots to access the model homes. No parking will be allowed along Collins Boulevard and will be enforced by street signs. B. Phase Il: When the model homes are no longer needed by the homebuilders, the model homes will be converted to residential homes and sold. Driveways to each home will be constructed. The concrete parking lot will be removed, and a one way concrete slip road will be constructed along Collins Boulevard to access the residential lots as shown on the Phase II Development Plan. No parking will be allowed along Collins Boulevard and will be enforced by street signs. Bozman Farms Model Center Zoning Page 2 of 6 Revised 7/30/2013 VI. Specific Regulations: A. Residential Regulations 1. Density: The maximum number of single family residential dwelling units permitted within this Planned Development shall not exceed four (4) units. The remainder area shall include three (3) lots owned by the Homeowner's Association of Bozman Farms. 2. Residential Lot Mix: A maximum of 25% of the single family residential lots will be greater than 7,500 square feet but less than 8,500 square feet in size. All other lots will be greater than 8,500 square feet. Lot categories shall be consistent with the zoning of the Bozman Farms development (PD#2002-52). 3. Average Lot Area: The average residential lot size shall not be less than 9,500 square feet. 4. All houses shall be front entry. Driveway construction may be deferred to Phase 11 of the development. 5. No double front or corner lots shall be included in this development. 6. Lot Area: the minimum permitted lot areas are: a. Lot Type "A" —8,500 square feet b. Lot Type "B" —7,500 square feet 7. Lot Width: The minimum permitted lot widths are: a. Lot Type "A" —70 feet b. Lot Type "B" —65 feet 8. Lot Depth: The minimum permitted lot depth for all lots is 120 feet. 9. Minimum Dwelling Unit Square Footage: The minimum permitted dwelling unit square footage is 1,700 square feet. 10. Main Structure Front Yard: Due to the location of existing trees, the front yard setbacks may vary. The minimum front yard setback shall be 20 feet. 11. Main Structure Side Yard: The minimum permitted side yards are: a. Lot Type "A" —7.0 feet b. Lot Type "B" —6.5 feet 12. Main Structure Rear Yard: The minimum permitted rear yard for all lots is 20 feet. Bozman Farms Model Center Zoning Page 3 of 6 Revised 7/30/2013 13. Accessory Structure Front Yard: Accessory structures shall be located behind the building line of the main structure for all lot types. 14. Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. 15. Accessory Structure Rear yard: The minimum permitted rear yard for accessory structures shall be 5 feet for all lot types. 16. Accessory Structure Minimum Distance from Main Building: The minimum separation between the main building and an accessory building shall be 5 feet for all lot types. 17. Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed 15% of the lot area or 600 square feet maximum. 18. Main Structures Height: The maximum building height of any residential main structure shall not exceed 36 feet on all lot types. 19. Accessory Structures Height: The maximum building height of any accessory structure shall not exceed the maximum height of the residential main structure. B. Residential Architectural Regulations 1. The following architectural regulations shall match the regulations of the Bozman Farms development established within the Planned Development Ordinance 2002-52 since this area is to be used for model residential units for the Bozman Farms Development. 2. Exterior material façade material: All single family residential units shall have a minimum of 75% of the exterior façade on all sides as brick or stone laid masonry units. Cementitious siding can be used on 25% of the exterior façade. These percentages exclude windows, doors and other openings, and glazing shall not exceed 35% of the front elevation of the residence. Dormers or other elements supported by the roof structure are not required to be masonry. This standard does apply to coordinated block elevations, which are intended to convey a historic style or"village" character (e.g., Traditional Neighborhood Design). 3. All units within this development shall have different floor plans and elevations. 4. Residential front entry cover: As a minimum, the front entry of any single family residential unit, which is the entry facing the street on which the unit is located, shall have a covered front porch with a minimum area of forty (40) square feet and a minimum depth of four (4) feet. Bozman Farms Model Center Zoning Page 4 of 6 Revised 7/30/2013 5. Roof: All single family residential units within the Planned Development shall have a minimum roof pitch of 6:12 with asphalt shingles. All painted plumbing vents, attic vents and other roof top accessories shall match the roof shingle color. No wood shingles are permitted. 6. Garages: A two-car garage shall be required for all single family residential units. Attached or detached garages shall be allowed to face the street with no offset from the front façade of the house required for the garage on houses of 2,000 square feet or greater. This provision applies to 100% of the Type "A" lots. C. Single Family Desirable Features: This development is for the construction of model lots for the Bozman Farms development and should be considered a part of Bozman Farms when addressing City requirements such as Desirable Features. Below is a listing of requirements that will be met either within the model lot phase or the Bozman Farms development as a whole. 1. Land Design Requirements a. Single-loaded street along open space: This development fronts an extra-wide median and the entry open space area of Bozman Farms. b. Increased buffer width with no residential lots backing or siding on the thoroughfare: The landscape buffer along FM 544 has been increased and will be enhanced for the entry into the development. A Landscape Plan will be required to be submitted to the City for approval prior to construction. No houses will back to FM 544. c. Provide benches at nodes when adjacent to open space: As a part of the overall Bozman Farms development, benches will be placed when adjacent to open space. 2. Street and Sidewalk Requirements a. Curvilinear Streets: Lots are constructed on a curved portion of Collins Boulevard. The slip road constructed in Phase II will also be on the curve. b. Water feature at entry: As a part of the overall Bozman Farms development, the water feature is a part of the development and adjacent to the model lots. c. Signage at Entry: The Bozman Farms development includes signage at the entry. No additional signage will be provided with this phase of development. d. No streets or crosswalks shall be a part of this development. Bozman Farms Model Center Zoning Page 5 of 6 Revised 7/30/2013 e. All sidewalks parallel to Collins Boulevard shall be five (5) feet in width. The sidewalk shall tie into the existing sidewalk at North Collins Circle. f. Sidewalk Lighting: All street and/or sidewalk lighting within this development will match the pattern and style of the Bozman Farms development. g. No alleys are provided in this development. 3. Architectural Requirements a. All architectural elements of this development shall match those of the Bozman Farms development since this area shall serve as the model homes for Bozman Farms. D. HOA Lot Regulations 1. All lots not designated as residential lots shall be the responsibility of the Homeowner's Association (HOA). 2. The HOA lot at the northeast corner of Collins Boulevard and FM 544 shall be landscaped and maintained by the HOA. Landscape and Irrigation Plans for this area shall be submitted to the City for approval prior to installation of landscaping. 3. HOA lots east of the residential lots shall be landscaped with Common Bermuda grass and any existing trees and maintained by the HOA. These lots are used to convey drainage from the Bozman Farms development. 4. At the conclusion of Phase I, the parking lot shall be removed. This area shall be graded to provide positive drainage, and vegetation shall be established. Bozman Farms Model Center Zoning Page 6 of 6 Revised 7/30/2013 N.(6 m C�Ow:::°° , 1 a y U If 1°4:: 1 CrQ B Ea GRAPHIC SCALE cosERv Esnn.. `"" ae�nl;H it,rkL III I __ on«n e"ao1 FOR REN.ONLY o'ENSEVOL CORP.57.PG PIPELINE ESMi. / /� `' z,z,m_Po„ EXPLORER 964 �I "�`f�0,�,�� PIPELINE PGM661 SAUTE I '0 WLEC6 iI �` ,zrv, L IF LOT 2 LOCK E o� CA 2 zon . _ Fy " ACRES III /, \ Q 5m°i CFARL4ANEOCLLNSO II �� / MP,�iiiiii,l� i.�w Aa�spes,P=e3. --- --_ C'LC21s3-°'B;.4?3 o.P.a. '-r. o-;.,. / 4 k i�i�,ja, Zo.a _ -_' oo_,—,—.—ssna'—. _ Asa ,_ H / / �,,", 8 ,,I-- , \, - - -T~, INc,sPb,,,cs, `'.., �'"', I i i I o �a L �``� t , // q N� ��,',,,,��;� oar o A, , , , - /� ,,,CD ,/- in I I,,E f I , ,6L E_--i u �_ I % �,aI°7, a�a� ! 1 -- 7�� a COLLI.I BLS Ha Cx /' w g"''2:4e" ,,.,� �� SUMMARY TABLE r,� sYn >nzw MISTING ZONING PD 2007-95 2 Fr-Frii ilICCI PROPOSED U36: µ{ m.�e�,,2 / PO RESIDENTIAL PI' ' NUMBER OF LOTS 2 TOTAL 0 " — a...NMI. �I "110e fors �y Lot 2,OBlock Bozm Farm CabinetP.Rr.Page a565 EXHIBIT"C" DEVELOPMENT PLAN Lots 1&2,Block E of Lake Trails of Bozman Farm 2.03 acres Sduated in the Aaron West Survey,Abstract No.979& o u o a Allen Atterberry Survey,Abstract No.23 SHEET in the City of Wylie 1 Collin County,Texas OF 1 (3 c a) h 66 N.'6 m ;. C)2,o a Q U 2e / / — GRAPHIC SCALE COSERH ESIda "T, ,,,,E,, - m�n-,a IE xa /I / - A PIPELINE k 0 30'ENSERCH CORP.PPI EEPNE ESI,. /% X C' r - VOL'I253 / \ I, Rao, \��e�� PIP LINEEXPLORERSS _ I // - N .1A VOLE767. eel "V / n o22Uss•E ¢ 1w VZD i! c5T 5 ACRES I BLOCK E ` \ W 1 111`1 s "" vo,spsftcv +2a __ ccCO RL4ANE COLONS DEW It 6 A/ / Cy �W 11 11111 \li \ / 9CT' - ...xeE.00.:5 L.R°cr'. / / w II,IIH'H_ _ -,f,P-_=i000-.-,-.-eS-PG-.,+-, - , -s, —max �� , W II11 - -==----I:PHs I H --2R % / / W Q W= I% �;;, gri �z - J ' 1 1, , I I f - Lr L1 -� , i11 a-- _ _'oN ,, ,�,, �,(iltLPX 0 asz00 se,040_�° SLIP ROAD } 14 a"•�.Y'" , rs SUMMARY TABLE a >"zw. EXISTING ZONING - ,, PROPOSED GSM PD RESIDENTIAL II—II _, a�sye� '1 TOTAL CD2.' NUMBER OF LOTS L reesmwmlel. � -- 5 20A LOTS i Lot 2 Block X \ Lake Trails oFalco Co P,F(,C Pageo565 -- -- -- -- -- -- -- -- E,111B11"D" DEVELOPMENT PLAN Lots 1&2,Block E of Lake Trails of Bozman Farm 2.03 acres SOcated in the Ul Aaron West Survey,Abstract No.979& o o o a Allen Atterber,y Survey,Abstract No.23 SHEET in the Cdy of Wylie 1 Collin County,Texas OF 1 0 ki 'eb ri < 1 ra t� fib , `, — — 1 +� I • CLvj el r 1 i „:' '"r` ;, x ":1�:'' •'sR`tz g bob 'V ri ;P ,,,, ,) >y w i C C"' — ,,.;Si<.,�SxfS�z lk L: �,r}%t<'e>F'f{i F'�F: L}2i`.Ri>\<i";3 z z�',r<''C>SZ.: ENO * i / G "i$L:?yS ',:.i,,;S,i,,s#0;;;\Z17pi;iz,c 4,y(s` ''=iRi3hi',',',i;�;^,o'^zs{Z<;,5�, r p V -t Gti 0 ,; 5xr=.,`�2'i%<'.";s 15==€ ,1:s`',,tr, ><.<:r .;e;y h?yi,:;,';>�>�ti ,T n CI "�+ ' r13i13:v�. `tl,a.:'a`c;-,:i;?1::.,,,,.t,te;,'ti<<:,,_ma's., .`.''S`<tz.. y ,,>=,i;�;5,';> ,4'=r<;4;r?i;,,Ij�z€, fl,7`�r`t-r sz4`:t,5',;'zs,,Es;-ss,�'i2iid "••.� C) ... t;F,,VI.A ',0 z,,:�';;�;'<gyk3, 3,•,4,t„ RZO.,`>4 s i<'�s.�s,.'?t�;4.4' c rt s'' i } ii— ' ▪ ,� 5 t', rzj r,Zi ; v ' ,, ..„,,A,,,,,,, ;.. . 4:v„>F.7v ,s.:t+�„4x ra ..fr+,ZY&,,,,,,,,,< , ;,,,1L,Ga0..,.R. :,1,:,,.e. ,<,<�.n:>, g:,, s,,5s , • • I.i` r .:.9,,,' ,r,�," : ,'I7.i :::::::::' v,rn , s`, ii4O 1 O,' a c v , ; ....:: m ; �s;3 1:�*. tr� ZgS�I" Z£;z , A,t„ 1�s,, "a° .....W,:::: ,. y��> cq V � 't'„ ,ygr ,x �� ) t . v�. � � ; si IOT' C _ .ifl,wa,. � a = . a f � , 'F : 4- .. : ,?{,;�,`:5P.4 . 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Edmonds Lane#101 Lewisville Tx 75067 # r3LK/ABST LOT/TRACT TAX 1.D. # PROPERTY OWNER NAME ADDRESS Applicant-Chris Seeley 550 S. Edmonds Lane#101 1 Ridinger Associates, Inc. Lewisville, Texas 75067 Lake Trails Bozman Fms 90 S. 7th Street#4600 0 2 Blk E I Lot 1 I R-8449-00E-0010-1 Development Solutions Wells Fargo Center, MI MN-5540 Lake Trails Bozman Fms 91 S. 7th Street#4600 0 3 Blk E I Lot 2 I R-8449-00E-0020-1 Development Solutions Wells Fargo Center, MI MN-5541 Lake Trails Bozman Fms 12890 Hillcrest Road#K106 4 Blk X I Lot 2 I R-8449-00X-0020-1 Lake Trails Bozman Farm HOA Dallas, Texas 75230 Lake Trails Bozman Fms 12890 Hillcrest Road#K106 Blk X I Lot 4 I R-8449-00X-0040-1 Lake Trails Bozman Farm HOA Dallas, Texas 75230 Lake Trails Bozman Fms 12890 Hillcrest Road#K106 5 Blk X I Lot 6 I R-8449-00X-0060-1 Lake Trails Bozman Farm HOA Dallas, Texas 75230 Lake Trails Bozman Fms 12890 Hillcrest Road#K106 6 Blk X Lot 7 R-8449-00X-0070-1 Lake Trails Bozman Farm HOA Dallas, Texas 75230 Bozman Farms Ph 1 12890 Hillcrest Road#K106 7 Blk M Lot 1 R-8460-00M-0010-1 Lake Trails Bozman Farm HOA Dallas, Texas 75230 Bozman Farms Ph 1 12890 Hillcrest Road#K106 8 Blk M Lot 2 R-8460-00M-0020-1 Lake Trails Bozman Farm HOA Dallas, Texas 75230 Bozman Farms Ph 1 1209 W. Collins Circle 9 Blk E Lot 24 R-8460-00E-0240-1 Daniel Boley Wylie, Texas 75098 Bozman Farms Ph 1 1207 W. Collins Circle 10 Blk E 25 R-8460-00E-0250-1 Dipu Harilal Wylie, Texas 75098 Bozman Farms Ph 1 1205 W. Collins Circle 11 Blk E 26 R-8460-00E-0260-1 Phien Nguyen Wylie, Texas 75098 Bozman Farms Ph 1 1203 W. Collins Circle 12 Blk E 27 R-8460-00E-0270-1 Jack Wyckoff Wylie, Texas 75098 Bozman Farms Ph 1 12890 Hillcrest Road#K106 13 Blk E 28 R-8460-00E-0280-1 Lake Trails Bozman Farm HOA Dallas, Texas 75230 Collins Estates 929 Alfred Drive 14 Blk 1 Lot 33 R-9181-001-0330-1 Nicholas Cimino Wylie, Texas 75098 Collins Estates 928 Lorene Drive 15 Blk 3 Lot 1 R-9181-003-0010-1 Frederick Menifee Wylie, Texas 75098 Collins Estates 930 Lorene Drive 16 Blk 3 Lot 2 R-9181-003-0020-1 Joshua Warren Wylie, Texas 75098 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 X. I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2013-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2013-06. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,September 17,2013,6:30 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,October 8,2013, 6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Name: v c.‘ofrtien`t"` SO!K-ti D.kS 07..) LC-._ (please print) Address: V 1 S'I C6 l .,5 1v.� d- 115-� Go/h.,s glurQ Signature: J (' 1(---- \ "y Date: Seet-'„.c7) t3 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2013-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2013-06. Date, Location&Time of Planning&Zoning Commission meeting: Tuesday,September 17,2013,6:30 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date, Location&Time of City Council meeting: Tuesday,October 8,2013,6:00 pm Municipal Complex,300 Country Club Road, Building 100,Wylie,Texas swt- , Ce . IAYGKoff/M rke Cie; Iia ,w Name: (please print) Address: I C)•'0,3 LA). CU I( M S Car c I t_ WY i i tti j T. X tso r 147...._ Signature: Yeitki Date: CI/ I c, ato 13 COMMENTS: See Gc, 6,Z, 1203 W. Collins Circle, Wylie, Texas 75098 We are opposed to the zoning change from Neighborhood Services to Planned Development - Single Family for Lots 1 and 2, Block E of the Lake Trails of Bozman Farm Addition, City of Wylie for the following reasons: I. Our biggest concern is about safety. In the proposed area, there is an Atmos Energy/CoSery natural gas pipeline station. This station is approximately 53 paces from our property at 1203 W. Collins Circle and lies half way between our property and North Collins Blvd. . 1� " , PIPL.1NL 11 AtiLA ;-,771;/P ",, J ter, . , . . NO SMOKING, `' MATCHES OR ��" 1 „.... . ' , '-‘):::. - OPEN FLAMES � =-"- ' 4. 5 2. Directly across the street from the natural gas pipeline is a petroleum pipeline as well. One can imagine the danger that these two types of pipelines propose by being in such close proximity to one another. Any spark, open flame, mechanical malfunction, or static discharge could cause devastating consequences resulting in the loss of innocent lives and catastrophic property damage. 'fI 'F ,r i k a. E 7494100 Ir E y wu '.oY ii ._. _.7d6 '"rtlYtev 5�4aa 1203 W. Collins Circle, Wylie, Texas 75098 3. At the corner of W. Collins Circle and North Collins Blvd is yet another natural gas pipeline. It is apparent that any more construction on W. Collins Circle near these pipelines must he considered too dangerous for developing. :, ,h: 4. On the Northeast corner of FM544 and North Collins Blvd is yet another hazardous natural gas pipeline. sue. - F.w Nov1kS 0 �trio.n farm IL -, .. v e"�y'�. ,......ate' .. -` SI 5iY IV �' y4r 1 . J 'r - ): x"4r� — V' ,2.V 'l ,"-.'F e 'rf"31, `'y F .fi - 1203 W. Collins Circle, Wylie, Texas 75098 5. Aesthetically speaking, two single-family dwellings built on the northeast corner of FM 544 and N. Collins Blvd. will definitely detract from the natural beauty and cohesiveness of our bedroom community. The building of these structures will result in community displeasure and could cause property values to plummet. } d .t - _ v j F. Y J. 1 a { , • '. ' •r y '- ' k, via,- ¶ . . N ,aj a -VA:. ' r� ?: fi q a `*;, r ...i 7iy',_ -g 4.�fi.. - # e _ Thank you for your consideration. Sincerely, Jack G. Wyckoff Michelangelo Siciliano C'b;(;f''' 'Mt. : Wylie City Council fir. ., i AGENDA REPORT •18S7. Meeting Date: October 8, 2013 Item Number: 2 (City Secretary's Use Only) Department: City Manager Prepared By: M. Manson Account Code: Date Prepared: September 19,2013 Budgeted Amount: N/A Exhibits: 3 Subject Consider and act upon, Ordinance No. 2013-39 of the City Council Of The City Of Wylie, Texas, approving a Negotiated Resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2013 Annual Rate Review Mechanism Filing in all Cities exercising Original Jurisdiction; Declaring Existing Rates to be unreasonable; Adopting Tariffs that reflect rate adjustments consistent with the Negotiated Settlement and finding the rates to be set by the attached Tariffs to be just and reasonable; Requiring The Company to reimburse Cities' reasonable ratemaking expenses; Repealing conflicting Resolutions or Ordinances; Determining that this Ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; Adopting a Savings Clause; Declaring an Effective Date; Providing a Most Favored Nations Clause; and requiring delivery of this Ordinance to the Company and the Steering Committee's Legal Counsel. Recommendation Motion to adopt Ordinance No. 2013-39 of the City Council Of The City Of Wylie, Texas, approving a Negotiated Resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2013 Annual Rate Review Mechanism Filing in all Cities exercising Original Jurisdiction; Declaring Existing Rates to be unreasonable; Adopting Tariffs that reflect rate adjustments consistent with the Negotiated Settlement and finding the rates to be set by the attached Tariffs to be just and reasonable; Requiring The Company to reimburse Cities' reasonable ratemaking expenses; Repealing conflicting Resolutions or Ordinances; Determining that this Ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; Adopting a Savings Clause; Declaring an Effective Date; Providing a Most Favored Nations Clause; and requiring delivery of this Ordinance to the Company and the Steering Committee's Legal Counsel. Discussion The City of Wylie, along with approximately 164 other cities served by Atmos Energy Mid-Tex Division ("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). On or about July 15, 2013, Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff renewed by the City in 2013 as a continuation and refinement of the previous RRM rate review process. This is the first annual RRM filing under the renewed RRM tariff. Page 1 of 3 Page 2 of 3 The Atmos Mid-Tex RRM filing sought a $22.7 million rate increase system-wide based on an alleged test-year cost of service revenue deficiency of $25.7 million. The City worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to increase rates. The Ordinance and attached rate tariffs are the result of negotiations between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of Atmos Mid-Tex's RRM filing. The Ordinance resolves the Company's RRM filing by authorizing additional revenues to the Company of$16.6 million system-wide. For purposes of comparison, this negotiated result is about $11 million less than what ACSC's consultants calculated that Atmos would have been entitled to if Atmos had filed a case under the Gas Reliability Infrastructure Program ("GRIP") rather than an RRM case. The settlement is expected to increase the average residential customer's bill by approximately $0.74 per month. An Average Bill Comparison of base rates has been prepared for residential, commercial, industrial, and transportation customers. The ACSC Executive Committee and ACSC legal counsel recommend that all ACSC Cities adopt the Ordinance implementing the rate change. RRM Background: The RRM tariff was originally approved by ACSC Cities as part of the settlement agreement to resolve the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad Commission. In early 2013, the City adopted a renewed RRM tariff for an additional five years. Atmos Mid-Tex's July 2013 filing was made pursuant to the renewed RRM tariff. The RRM tariff and the process implementing that tariff were created collaboratively by ACSC and Atmos Mid-Tex as an alternative to the legislatively-authorized GRIP surcharge process. ACSC has opposed GRIP because it constitutes piecemeal ratemaking, does not allow any review of the reasonableness of Atmos' expenditures, and does not allow participation by cities or recovery of cities' rate case expenses. In contrast, the RRM process has allowed for a more comprehensive rate review and annual adjustment as a substitute for GRIP filings. ACSC's consultants have calculated that had Atmos filed under the GRIP provisions, it would have received additional revenues from ratepayers in excess of$28 million. Purpose of the Ordinance: Rates cannot change without the adoption of rate ordinances by cities. No related matter is pending at the Railroad Commission. The purpose of the Ordinance is to approve rates (shown on "Attachment A" to the Ordinance) that reflect the negotiated rate changes pursuant to the RRM process and to ratify the recommendation of the ACSC Executive Committee. Please make sure that the tariffs are attached when the Ordinance is passed by the City Council. As a result of the negotiations, ACSC was able to reduce the Company's requested $22.7 million RRM increase to $16.6 million. Approval of the Ordinance will result in the implementation of new rates that increase Atmos Mid-Tex's revenues effective November 1, 2013. Reasons Justifying Approval of the Negotiated Resolution: Consultants working on behalf of ACSC Cities have investigated the support for the Company's requested rate increase. While the evidence does not support the $22.7 million increase requested by the Company, ACSC's consultants agree that the Company can justify an increase in revenues of some lesser Page 3 of 3 amount. The agreement on $16.6 million is a compromise between the positions of the parties. The alternative to a resolution of the RRM filing would be a GRIP filing by the Company, based upon the Railroad Commission's decision in the 2012 rate case. A GRIP filing would entitle the Company to receive more than $28 million in additional revenues, with ACSC being precluded from reviewing the reasonableness of the GRIP filing. The ACSC Executive Committee recommends that ACSC members take action to approve the Ordinance authorizing new rate tariffs. No Changes to Residential Customer Charges: For the first annual filing under the revised RRM tariff, the Company agreed to forgo any change to the residential customer charge. Therefore, for the 2013 RRM, the result of the filing will not increase the residential customer charge, and the entirety of the increase to the residential class will be applied to the commodity(natural gas consumption) component of rates. Explanation of`Be It Ordained" Paragraphs: 1. This paragraph approves all findings in the Ordinance. 2. This section adopts the attached tariffs ("Attachment A") in all respects and finds the rates set pursuant to the attached tariffs to be just, reasonable and in the public interest. Note that only new tariffs or existing tariffs being revised are attached to the Ordinance. Existing tariffs not being changed in any way are not attached to the Ordinance. 3. This section requires the Company to reimburse ACSC for reasonable ratemaking costs associated with reviewing and processing the RRM application. 4. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 5. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 6. This section is a savings clause, which provides that if any section(s) is later found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the remaining provisions of this Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if the offending section or clause never existed. 7. This section is a "most favored nations" clause. It provides that if the Company settles with other parties on better terms than agreed to with the ACSC Cities, the ACSC Cities (including the City) will automatically receive the benefit of those better terms. 8. This section provides for an effective date upon passage. 9. This paragraph directs that a copy of the signed Ordinance be sent to a representative of the Company and legal counsel for ACSC. ORDINANCE NO. 2013-39 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2013 ANNUAL RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE;PROVIDING A MOST FAVORED NATIONS CLAUSE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. WHEREAS, the City of Wylie, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of approximately 164 similarly situated cities served by Atmos Mid-Tex that have joined together to facilitate the review of and response to natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS,pursuant to the terms of the agreement settling the Company's 2007 Statement of Intent to increase rates,ACSC Cities and the Company worked collaboratively to develop a Rate Review Mechanism("RRM")tariff that allows for an expedited rate review process controlled in a three-year experiment by ACSC Cities as a substitute to the current Gas Reliability Infrastructure Program("GRIP")process instituted by the Legislature; and WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos Mid-Tex resolving the Company's 2007 rate case and authorizing the RRM tariff; and WHEREAS, in 2013, ACSC and the Company negotiated a renewal of the RRM tariff process for an additional five years; and WHEREAS,the City passed an ordinance renewing the RRM tariff process for the City for an additional five years; and Ordinance No.2013-39 Atmos Energy—Annual Rate Review 1 of 4 WHEREAS, the RRM renewal tariff contemplates reimbursement of ACSC Cities' reasonable expenses associated with RRM applications; and WHEREAS,on or about July 15,2013,the Company filed with the City its first annual RRM filing under the renewed RRM tariff,requesting to increase natural gas base rates by$22.7 million; and WHEREAS, ACSC coordinated its review of Atmos Mid-Tex's RRM filing through its Executive Committee, assisted by ACSC attorneys and consultants,to resolve issues identified by ACSC in the Company's RRM filing; and WHEREAS,the ACSC Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve the attached rate tariffs("Attachment A"to this Ordinance), which will increase the Company's revenues by$16.6 million; and WHEREAS,the attached tariffs implementing new rates are consistent with the negotiated resolution reached by ACSC Cities and are just, reasonable, and in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That the City Council finds the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable and new tariffs which are attached hereto and incorporated herein as Attachment A, are just and reasonable and are hereby adopted. Section 3. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC Cities in processing the Company's RRM application. Section 4. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 5. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 7. That if ACSC determines any rates, revenues,terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in Atmos' 2013 RRM filing would be more beneficial to the ACSC Cities than the terms of the attached tariffs, then the more favorable rates, revenues, terms and Ordinance No.2013-39 Atmos Energy—Annual Rate Review 2 of 4 conditions,or benefits shall additionally and automatically accrue to the ACSC Cities,including the City,without the need for City to take any further action. If this automatic adjustment occurs,Atmos Mid-Tex shall promptly thereafter file with the City an amended tariff documenting the adjustment to rates. Section 8. That this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after November 1, 2013. Section 9. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan,Manager of Rates and Regulatory Affairs,at Atmos Energy Corporation,5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this 8th day of October, 2013. Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney Ordinance No.2013-39 Atmos Energy—Annual Rate Review 3 of 4 EXHIBIT "A" Ordinance No.2013-39 Atmos Energy—Annual Rate Review 4 of 4 Attachment A Atmos Mid-Tex Tariffs Effective November 1 , 2013 MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: R—RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 17.70 per month Rider CEE Surcharge $ 0.02 per month' Total Customer Charge $ 17.72 per month Commodity Charge—All Ccf $0.05831 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a)and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 1 Reference Rider CEE-Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2013. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: C—COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $35.75 per month Rider CEE Surcharge $ 0.10 per month' Total Customer Charge $35.85 per month Commodity Charge—All Ccf $0.06893 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 1 Reference Rider CEE-Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2013. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Application • Applicable to Industrial Customers with a maximum daily usage(MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $620.00 per month First 0 MMBtu to 1,500 MMBtu $0.2565 per MMBtu Next 3,500 MMBtu $0.1879 per MMBtu All MMBtu over 5,000 MMBtu $0.0403 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $620.00 per month First 0 MMBtu to 1,500 MMBtu $0.2565 per MMBtu Next 3,500 MMBtu $0.1879 per MMBtu All MMBtu over 5,000 MMBtu $0.0403 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part(b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of(i)$0.10 per MMBtu, or(ii) 150%of the difference per MMBtu between the highest and lowest"midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10%of Customer's receipt quantities for the month. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled"Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Plaits Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION ATMOS ENERGY CORPORATION • RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Provisions for Adjustment The Commodity Charge per Ccf(100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas,Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA;= WNAF; x chi Where chi is the relevant sales quantity for the jth customer in ith rate schedule. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 9.97 0.1318 96.50 0.5659 Austin 11.05 0.1262 189.59 0.7195 Dallas 13.13 0.1832 171.84 0.8797 Waco 9.78 0.1262 117.60 0.5774 Wichita 10.99 0.1297 107.70 0.5041 Falls Weather Normalization Adjustment(WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and a Excel version of the WNA Report with the Railroad Commission of Texas'Gas Services Division, addressed to the Director of that Division. File Date:July 15,2013 ATMOS ENERGY CORP., MID-TEX DIVISION AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2012 Line November 1,2013 1 Rate R 0 41.7 Ccf CURRENT PROPOSED CHANGE 2 Customer charge $ 17.70 3 Consumption charge 41.7 CCF X $ 0.04172 = 1.74 4 Rider GCR Part A 41.7 CCF X $ 0.32167 = 13.41 5 Rider GCR Part B 41.7 CCF X $ 0.16324 = 6.81 6 Subtotal $39.66 7 Rider FF&Rider TAX $ 39.66 X 0.06769 = 2.68 8 Total $42.34 9 10 Customer charge $ 17.70 11 Consumption charge 41.7 CCF X $ 0.05831 = 2.43 12 Rider GCR Part A 41.7 CCF X $ 0.32167 = 13.41 13 Rider GCR Part B 41.7 CCF X $ 0.16324 = 6.81 14 Subtotal $40.35 15 Revenue-related Tax Reimbursement $ 40.35 X 0.06769 = 2.73 16 Total $43.08 $0.74 17 1.75% 18 19 Rate C Cad 327.2 Ccf CURRENT PROPOSED CHANGE 20 Customer charge $ 34.72 21 Consumption charge 327.2 CCF X $ 0.06589 = 21.56 22 Rider GCR Part A 327.2 CCF X $ 0.32167 = 105.24 23 Rider GCR Part B 327.2 CCF X $ 0.11765 = 38.49 24 Subtotal $200.01 25 Revenue-related Tax Reimbursement $ 200.01 X 0.06769 = 13.54 26 Total $213.55 27 28 Customer charge $ 35.75 29 Consumption charge 327.2 CCF X $ 0.06893 = 22.55 30 Rider GCR Part A 327.2 CCF X $ 0.32167 = 105.24 31 Rider GCR Part B 327.2 CCF X $ 0.11765 = 38.49 32 Subtotal $202.03 33 Revenue-related Tax Reimbursement $ 202.03 X 0.06769 = 13.68 34 Total $215.71 $2.16 35 1.01% WP_J-3.1 Page 1 of 2 File Date:July 15,2013 ATMOS ENERGY CORP., MID-TEX DIVISION AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2012 36 Rate I c5 3955 MMBTU CURRENT PROPOSED CHANGE _ 37 Customer charge $ 600.00 38 Consumption charge 1,500 MMBTU X $ 0.2473 = 370.95 39 Consumption charge 2,455 MMBTU X $ 0.1812 = 444.88 40 Consumption charge 0 MMBTU X $ 0.0389 = 0.00 41 Rider GCR Part A 3,955 MMBTU X $ 0.3294 = 1,302.79 42 Rider GCR Part B 3,955 MMBTU X $ 0.2591 = 1,024.63 43 Subtotal $3,743.25 44 Revenue-related Tax Reimbursement $ 3,743.25 X 0.06769 = 253.38 45 Total $3,996.63 46 47 Customer charge $ 620.00 48 Consumption charge 1,500 MMBTU X $ 0.2565 = 384.75 49 Consumption charge 2,455 MMBTU X $ 0.1879 = 461.33 50 Consumption charge 0 MMBTU X $ 0.0403 = 0.00 51 Rider GCR Part A 3,955 MMBTU X $ 0.3294 = 1,302.79 52 Rider GCR Part B 3,955 MMBTU X $ 0.2591 = 1,024.63 53 Subtotal $3,793.50 54 Revenue-related Tax Reimbursement $ 3,793.50 X 0.06769 = 256.78 55 Total $4,050.28 $53.65 56 1.34% 57 Rate T Cad 3955 MMBTU CURRENT PROPOSED CHANGE 58 Customer charge $ 600.00 59 Consumption charge 1,500 MMBTU X $ 0.2473 = 370.95 60 Consumption charge 2,455 MMBTU X $ 0.1812 = 444.88 61 Consumption charge 0 MMBTU X $ 0.0389 = 0.00 62 Rider GCR Part B 3,955 MMBTU X $ 0.2591 = 1,024.63 63 Subtotal $2,440.46 64 Revenue-related Tax Reimbursement $ 2,440.46 X 0.06769 = 165.19 65 Total $2,605.65 66 67 Customer charge $ 620.00 68 Consumption charge 1,500 MMBTU X $ 0.2565 = 384.75 69 Consumption charge 2,455 MMBTU X $ 0.1879 = 461.33 70 Consumption charge 0 MMBTU X $ 0.0403 = 0.00 71 Rider GCR Part B 3,955 MMBTU X $ 0.2591 = _ 1,024.63 72 Subtotal $2,490.71 73 Revenue-related Tax Reimbursement $ 2,490.71 X 0.06769 = 168.59 74 Total $2,659.30 $53.65 75 2.06% WP_J-3.1 Page 2 of 2 MODEL STAFF REPORT The City, along with approximately 164 other cities served by Atmos Energy Mid-Tex Division ("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). On or about July 15, 2013, Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff renewed by the City in 2013 as a continuation and refinement of the previous RRM rate review process. This is the first annual RRM filing under the renewed RRM tariff. The Atmos Mid-Tex RRM filing sought a $22.7 million rate increase system-wide based on an alleged test-year cost of service revenue deficiency of $25.7 million. The City worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to increase rates. The Ordinance and attached rate tariffs are the result of negotiations between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of Atmos Mid-Tex's RRM filing. The Ordinance resolves the Company's RRM filing by authorizing additional revenues to the Company of$16.6 million system-wide. For purposes of comparison, this negotiated result is about $11 million less than what ACSC's consultants calculated that Atmos would have been entitled to if Atmos had filed a case under the Gas Reliability Infrastructure Program ("GRIP") rather than an RRM case. The settlement is expected to increase the average residential customer's bill by approximately $0.74 per month. An Average Bill Comparison of base rates has been prepared for residential, commercial, industrial,and transportation customers. The ACSC Executive Committee and ACSC legal counsel recommend that all ACSC Cities adopt the Ordinance implementing the rate change. RRM Background: The RRM tariff was originally approved by ACSC Cities as part of the settlement agreement to resolve the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad Commission. In early 2013, the City adopted a renewed RRM tariff for an additional five years. Atmos Mid-Tex's July 2013 filing was made pursuant to the renewed RRM tariff. The RRM tariff and the process implementing that tariff were created collaboratively by ACSC and Atmos Mid-Tex as an alternative to the legislatively-authorized GRIP surcharge process. ACSC has opposed GRIP because it constitutes piecemeal ratemaking, does not allow any review of the reasonableness of Atmos' expenditures, and does not allow participation by cities or recovery of cities' rate case expenses. In contrast, the RRM process has allowed for a more comprehensive rate review and annual adjustment as a substitute for GRIP filings. ACSC's consultants have calculated that had Atmos filed under the GRIP provisions, it would have received additional revenues from ratepayers in excess of$28 million. Purpose of the Ordinance: Rates cannot change without the adoption of rate ordinances by cities. No related matter is pending at the Railroad Commission. The purpose of the Ordinance is to approve rates 4166249.1 1 (shown on "Attachment A" to the Ordinance) that reflect the negotiated rate changes pursuant to the RRM process and to ratify the recommendation of the ACSC Executive Committee. Please make sure that the tariffs are attached when the Ordinance is passed by the City Council. As a result of the negotiations, ACSC was able to reduce the Company's requested $22.7 million RRM increase to $16.6 million. Approval of the Ordinance will result in the implementation of new rates that increase Atmos Mid-Tex's revenues effective November 1, 2013. Reasons Justifying Approval of the Negotiated Resolution: Consultants working on behalf of ACSC Cities have investigated the support for the Company's requested rate increase. While the evidence does not support the $22.7 million increase requested by the Company, ACSC's consultants agree that the Company can justify an increase in revenues of some lesser amount. The agreement on $16.6 million is a compromise between the positions of the parties. The alternative to a resolution of the RRM filing would be a GRIP filing by the Company, based upon the Railroad Commission's decision in the 2012 rate case. A GRIP filing would entitle the Company to receive more than $28 million in additional revenues, with ACSC being precluded from reviewing the reasonableness of the GRIP filing. The ACSC Executive Committee recommends that ACSC members take action to approve the Ordinance authorizing new rate tariffs. No Changes to Residential Customer Charges: For the first annual filing under the revised RRM tariff,the Company agreed to forgo any change to the residential customer charge. Therefore, for the 2013 RRM, the result of the filing will not increase the residential customer charge, and the entirety of the increase to the residential class will be applied to the commodity (natural gas consumption) component of rates. Explanation of"Be It Ordained" Paragraphs: 1. This paragraph approves all findings in the Ordinance. 2. This section adopts the attached tariffs ("Attachment A") in all respects and finds the rates set pursuant to the attached tariffs to be just, reasonable and in the public interest. Note that only new tariffs or existing tariffs being revised are attached to the Ordinance. Existing tariffs not being changed in any way are not attached to the Ordinance. 3. This section requires the Company to reimburse ACSC for reasonable ratemaking costs associated with reviewing and processing the RRM application. 4. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 4166249.1 2 5. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act,Texas Government Code, Chapter 551. 6. This section is a savings clause, which provides that if any section(s) is later found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the remaining provisions of this Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if the offending section or clause never existed. 7. This section is a "most favored nations" clause. It provides that if the Company settles with other parties on better terms than agreed to with the ACSC Cities, the ACSC Cities (including the City)will automatically receive the benefit of those better terms. 8. This section provides for an effective date upon passage. 9. This paragraph directs that a copy of the signed Ordinance be sent to a representative of the Company and legal counsel for ACSC. 4166249.1 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF , TEXAS, APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2013 ANNUAL RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; PROVIDING A MOST FAVORED NATIONS CLAUSE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. WHEREAS, the City of , Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of approximately 164 similarly situated cities served by Atmos Mid-Tex that have joined together to facilitate the review of and response to natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, pursuant to the terms of the agreement settling the Company's 2007 Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop a Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review 4166162.1 1 process controlled in a three-year experiment by ACSC Cities as a substitute to the current Gas Reliability Infrastructure Program ("GRIP")process instituted by the Legislature; and WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos Mid-Tex resolving the Company's 2007 rate case and authorizing the RRM tariff; and WHEREAS, in 2013, ACSC and the Company negotiated a renewal of the RRM tariff process for an additional five years; and WHEREAS, the City passed an ordinance renewing the RRM tariff process for the City for an additional five years; and WHEREAS, the RRM renewal tariff contemplates reimbursement of ACSC Cities' reasonable expenses associated with RRM applications; and WHEREAS, on or about July 15, 2013, the Company filed with the City its first annual RRM filing under the renewed RRM tariff, requesting to increase natural gas base rates by $22.7 million; and WHEREAS, ACSC coordinated its review of Atmos Mid-Tex's RRM filing through its Executive Committee, assisted by ACSC attorneys and consultants, to resolve issues identified by ACSC in the Company's RRM filing;and WHEREAS, the ACSC Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve the attached rate tariffs ("Attachment A" to this Ordinance), which will increase the Company's revenues by$16.6 million; and WHEREAS, the attached tariffs implementing new rates are consistent with the negotiated resolution reached by ACSC Cities and are just,reasonable, and in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ,TEXAS: 4166162.1 2 Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That the City Council finds the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable and new tariffs which are attached hereto and incorporated herein as Attachment A, are just and reasonable and are hereby adopted. Section 3. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC Cities in processing the Company's RRM application. Section 4. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 5. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 7. That if ACSC determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in Atmos' 2013 RRM filing would be more beneficial to the ACSC Cities than the terms of the attached tariffs, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally and automatically accrue to the ACSC Cities, including the City, without the need for City to take any further action. If this automatic adjustment occurs, Atmos Mid-Tex shall promptly thereafter file with the City an amended tariff documenting the adjustment to rates. 4166162.1 3 Section 8. That this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after November 1, 2013. Section 9. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Manager of Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle&Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this day of , 2013. Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney 4166162.1 4 Attachment A Atmos Mid-Tex Tariffs Effective November 1 , 2013 MID-TEX DIVISION ATMOS ENERGY CORPORATION , RATE SCHEDULE: R—RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 17.70 per month Rider CEE Surcharge $ 0.02 per month' Total Customer Charge $ 17.72 per month Commodity Charge—All Ccf $0.05831 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 1 Reference Rider CEE-Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2013. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: C—COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $35.75 per month Rider CEE Surcharge $ 0.10 per month' Total Customer Charge $35.85 per month Commodity Charge—All Ccf $0.06893 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 1 Reference Rider CEE-Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2013. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Application • Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $620.00 per month First 0 MMBtu to 1,500 MMBtu $0.2565 per MMBtu Next 3,500 MMBtu $0.1879 per MMBtu All MMBtu over 5,000 MMBtu $0.0403 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Plaits Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Plaits Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $620.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2565 per MMBtu Next 3,500 MMBtu $ 0.1879 per MMBtu All MMBtu over 5,000 MMBtu $0.0403 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part(b)of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of(i)$0.10 per MMBtu, or(ii) 150%of the difference per MMBtu between the highest and lowest"midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10%of Customer's receipt quantities for the month. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled"Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Plaits Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Provisions for Adiustment The Commodity Charge per Ccf(100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the 'Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD)) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA,= WNAFI x Where qu is the relevant sales quantity for the jth customer in ith rate schedule. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 9.97 0.1318 96.50 0.5659 Austin 11.05 0.1262 189.59 0.7195 Dallas 13.13 0.1832 171.84 0.8797 Waco 9.78 0.1262 117.60 0.5774 Wichita 10.99 0.1297 107.70 0.5041 Falls Weather Normalization Adjustment(WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and a Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Provisions for Adiustment The Commodity Charge per Ccf(100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the 'Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD)) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA,= WNAFI x Where qu is the relevant sales quantity for the jth customer in ith rate schedule. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 9.97 0.1318 96.50 0.5659 Austin 11.05 0.1262 189.59 0.7195 Dallas 13.13 0.1832 171.84 0.8797 Waco 9.78 0.1262 117.60 0.5774 Wichita 10.99 0.1297 107.70 0.5041 Falls Weather Normalization Adjustment(WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and a Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Cti ;f.,n 1 :NiP Wylie City Council AGENDA REPORT 411 •1887! ,7F or riTM.s Meeting Date: October 8, 2013 Item Number: 3 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: September 30,2013 Budgeted Amount: Exhibits: Resolution,Agreement Subject Consider and act upon, approval of Resolution No. 2013-23(R) authorizing the City Manager to execute a Master Agreement Governing the Major Capital Improvement Program for the purpose of transportation improvements on roads inside Dallas County. Recommendation Motion to approve, Resolution No. 2013-23(R) authorizing the City Manager to execute a Master Agreement Governing the Major Capital Improvement Program for the purpose of transportation improvements on roads inside Dallas County. Discussion In 2012, Dallas County issued the 6th call for projects for capital improvements. A portion of Ballard Avenue is located in Dallas County and is shown on the thoroughfare plan to be expanded to a 4-lane roadway; however, no funding is currently available for the project. In September 2012, staff submitted an application to Dallas County for funding of this portion of roadway. The Master Agreement outlines the design and funding process with Dallas County for transportation improvements on roads inside the county that are on the North Central Texas Council of Government's Regional Thoroughfare Plan. Additional agreements will be presented for consideration if the project is selected for funding, including a Project Specific Agreement which will establish the contractual rights and responsibilities of the city and county as it relates to the project, and a Funding Agreement which will establish a preliminary proposed budget for the project. Funding is projected to be available for projects in 2017. Pre-design for the project could occur within 12-18 months. Total project cost is estimated to be $8.82 million. Page 1 of 1 RESOLUTION NO. 2013-23(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE MASTER AGREEMENT GOVERNING MAJOR CAPITAL IMPROVEMENT PROGRAM FOR THE PURPOSE OF TRANSPORTATION IMPROVEMENTS ON ROADS INSIDE DALLAS COUNTY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the Master Agreement Governing Major Capital Improvement Program for the purpose of transportation improvements on roads inside Dallas County, SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 8th day of October, 2013. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2013-23(R)-Master Agreement-Major Capital Improvement Program Transportation Improvements on Roads Inside Dallas County Page 1 of 2 EXHIBIT "A" Agreement Resolution No.2013-23(R)-Master Agreement-Major Capital Improvement Program Transportation Improvements on Roads Inside Dallas County Page 2 of 2 MASTER AGREEMENT GOVERNING MAJOR CAPITAL IMPROVEMENT PROGRAM THIS MASTER AGREEMENT is made by and between the City/Town of Wylie, Texas, hereinafter called "City" or "Town", and Dallas County, hereinafter called "County", acting by and through its duly authorized officials, which desire to enter into an Interlocal Agreement, hereinafter called Master Agreement, for the purpose of Transportation Improvements on roads inside Dallas County that are on the North Central Texas Council of Government's Regional Thoroughfare Plan. WITNESSETH WHEREAS, pursuant to Court Order , dated , County Commissioners Court approved participation in Transportation Major Capital Improvement Program within the cities inside Dallas County; and WHEREAS, the approved project lists may be modified, updated or approved by the Commissioners Court on a periodic, as-needed basis; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for local governments to enter into interlocal agreements; and NOW THEREFORE, THIS AGREEMENT is hereby made and entered into by City:'Town and County for the mutual consideration stated herein: ARTICLE I. DEFINITIONS The following definitions are incorporated into this agreement for all purposes. A. AMENDMENT shall mean a written document executed by all parties detailing changes, additions or deletions in the Master Agreement. B. AMENITY shall mean Project features not included in the Standard Basic Project Design including but not limited to street pavers, colored concrete, planters, irrigation, decorative lighting, special signage, or any other feature above and beyond the Standard Basic Project Design or any increase in capacity in excess of County determined requirements based on anticipated future traffic flow. C. CITY/TOWN shall mean the City/Town of Wylie, Dallas County, Texas. D. CONTEXT SENSITIVE SOLUTIONS (CSS) is a collaborative, interdisciplinary approach that involves all stakeholders to develop a transportation facility that fits its physical setting and preserves scenic, aesthetic, historic and environmental resources, while maintaining safety and mobility. CSS is an approach that considers the total context within which a transportation improvement project will exist. CSS principles include the employment of early, MASTER AGREEMENT Wylie-2 13 13 continuous and meaningful involvement of the public and all stakeholders throughout the project development process. It is the intent of Dallas County Public Works Department to use the essential elements of CSS in all approaches to deliver the project. Some projects will dictate very intense use of CSS, while others will only use a few of the elements, but the County will always consider CSS. E. COUNTY shall mean County of Dallas, State of Texas. F. DIRECT PROJECT and PROGRAM COSTS shall mean those costs that can be identified specifically with a particular project or program cost objective. These costs generally include compensation of employees for the time devoted and identified specifically to the performance of the project or program, cost of materials acquired, consumed or expended specifically for the purpose of the project or program; equipment changes; damage claims and other approved capital expenditures; change orders; travel expenses incurred specifically to carry out the project including, but not limited to, design, right-of-way, road or street drainage, utility relocation and adjustment and construction. Direct Cost does not include either City/Town or County general overhead. G. EFFECTIVE DATE shall mean the date of the signature of the last person necessary for this Master Agreement to become effective. H. EXTRA TERRITORIAL JURISDICTION- (ETJ) shall mean the unincorporated area outside the incorporated boundaries of the municipality as determined in Chapter 42 of the Texas Government Code, as amended. 1. FIVE PHASE PROJECT DELIVERY SYSTEM shall mean the process for delivering a project from conception to completion as detailed in Exhibit A, attached hereto and as well as any additions or supplements thereto. The five phases of the project delivery system are planning, design, right of way, utility clearance, and construction. J. FUNDING AGREEMENT shall mean the agreement between the County and a City Town to establish a preliminary proposed budget for a project. As design is completed and the engineering estimate is refined, the funding agreement shall be incorporated into the Project Specific Agreement. K. INDIRECT COSTS shall mean those costs that benefit more than one project and cannot be readily identified with a particular final project or program cost objective. Their precise benefits to a specific project are often difficult or impossible to trace. L. IN-HOUSE PROJECT DELIVERY COSTS shall mean all costs associated with the development of the Major Capital Improvement Program (MCIP) "Call for Projects", selection of projects, scoping of projects, project design, property acquisition and construction of projects. Cost Accounting shall include but is not limited to employee time reimbursement, materials, equipment and other expenditures necessary for the management and continuation of the MCIP. M. INTERLOCAL AGREEMENTS shall mean contracts or agreements entered into between City/Town and County in accordance with Texas Government Code Chapter 791. N. LEAD AGENCY shall mean that entity responsible for project management, including, but not limited to planning, design, right-of-way acquisition, approved utility relocation or adjustment and construction unless otherwise designated. O. MASTER AGREEMENT shall mean this document including all incorporated documents, attachments, and exhibits. MASTER AGREEMENT-Wylie-2 13 13 2 P. MEMORANDUM OF AGREEMENT (MOA) shall mean a written document which incorporates the results of the Preliminary Design Charrette. Q. MULTI-MODAL CONNECTIVITY IMPROVEMENTS shall mean projects which comply with the concepts in the 2005 SAFETEA-LU Act, any amendments, or any future federal transportation acts which increase safety, accessibility, flexibility, efficiency, and enhance the integration and connectivity of the transportation system, across and between modes throughout the County for motorized and non-motorized users. R. ORPHAN ROADS shall mean all or part of a street or road right of way which are outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right of way. These roadway segments have, in effect, been "orphaned" by the abutting City/Town (or cities) that they serve in that they have been left unincorporated. Thus the County has primary responsibility for maintenance, operation, enforcement, police and/or emergency services within these unincorporated rights of way. S. PARCEL OR PARCELS shall mean those portions or part of land and improvements located either wholly or partially thereon, identified by County, City/Town or other Stakeholder as required for right-of-way requirements of the Project. Such right-of-way shall include the existing street, road, drainage or other City/Town or County real property ownership and all additional real property to be utilized for the Project. T. PRELIMINARY CONCEPT CHARRETTE (PCC) shall have the same meanings and purposes as the Preliminary Design Charrette, but be conducted very early in the design start, before substantial design is underway. The conditions for which a PCC is appropriate will be determined by the lead agency, but will usually be a greater uncertainty of what the road improvement will involve, the purposes, varying contexts (e.g. Transit Oriented Development, Recreational Oriented Development, Industrial Oriented Development, etc.). Use of CSS will usually mean that a PCC will be conducted, since its use fits perfectly into CSS concepts. Other conditions encountered may dictate the use of a PCC, such as poor soils, presence of unconsolidated solid waste dumps, innovative integration of master planning with project delivery, unusual ROW challenges, budgetary constraints (thus calling for significant Value Engineering efforts), etc. The results of properly using a PCC will be that early consensus will be achieved on a basic approach to the project design and construction, thus avoiding wasted design funding and loss of momentum for project delivery. U. PRELIMINARY DESIGN CHARRETTE (PDC) shall mean a meeting of decision making stakeholders and other members of the project team for the purpose of discussing feasible design alternatives, forging strong consensus among all stakeholders for the selected alternative, and entering into a MOA for the overall estimate, alignment and scope of the project. The PDC will be scheduled when the preliminary design is complete or near completion. This means horizontal and vertical alignment alternatives have been designed, ROW requirements are at least approximately known for each alternative, and the design is 40% to 60°o complete. The result of a PDC that is conducted with all the stakeholders present is that the strong consensus achieved will help assure the project is able to overcome any challenges with design completion, ROW acquisition, utility design and relocation, and finally, road construction. V. PROJECT MANAGER shall mean the person appointed by the Lead Agency who is assigned the primary duty for assuring Project Team coordination and timely project delivery. There will be only one Project Manager assigned to a Project. MASTER AGREEMENT-Wylie-2 13.13 3 W. PROJECT TEAM shall mean representatives from County, City/Town, and other Stakeholders as may be mutually agreed upon by County, City/Town and Stakeholders or otherwise with responsibility for delivering the completed Project. X. PROJECT(S) shall mean the proposed thoroughfare and multi-modal connectivity improvements approved by the Commissioners Court for inclusion in the Transportation MCIP and approved by the City/Town. Y. PROJECT DURATION shall mean the active life of the project. Project shall commence with the application for a project by the City'Town and acceptance by the Dallas County Commissioners Court. Project shall be considered complete when construction has been fully completed and the one year maintenance period has expired or the project has been terminated in accordance with Article IV of this Agreement. Z. PROJECT SPECIFIC AGREEMENT or PROJECT SUPPLEMENTAL AGREEMENT (PSA) shall mean an agreement subsequent to this document which is entered into to establish the contractual rights and responsibilities of the City°Town and County as it relates to a particular Project. A PSA supersedes the MOA or Funding Agreements. AA. RIGHT OF WAY (ROW) is a strip of land that is granted, through a ROW deed, an easement or other mechanism, for the Project. ROW shall mean that real property or property interest identified by County or City/Town, as necessary for the construction of the Project which shall include the existing street, road, drainage or other City/Town or County real property ownership and all additional real property to be utilized for the Project. BB. SCOPING SHEETS shall be attached to each PSA. These sheets will set forth the design criteria to be used for the project, including the alignment, appropriate specifications, typical section and other parameters of the project. As project goals and needs are more clearly defined the Scoping Sheets shall be updated and revised by the project manager to reflect current construction goals. CC. STANDARD BASIC PROJECT DESIGN shall mean the standard County-approved City/Town criteria for paving, bridges, drainage and appurtenances, traffic control items including pavement marking, warranted uniform signals, street light foundations, pull boxes, conduit, sidewalks, medians, storage'turn lanes, access, required structural retaining walls and standard driveways excluding road or street amenities, or such design criteria as may be mutually agreed upon in a project Scoping Sheets. DD. TxDOT shall mean the Texas Department of Transportation. EE. UTILITIES shall mean each City Town utility, public utility, common carrier, governmental or quasi-governmental facility, fiber optic facility, or other facility located within the limits of the Project by virtue of Texas or Federal Law or agreement between the entity and the City/Town, County, or State of Texas. FF. CITY/TOWN UTILITY shall mean those owned or operated by City Town which requires relocation or adjustment for the purpose of the construction of the Project as identified by Project plans. GG. UTILITY IN PUBLIC RIGHT-OF-WAY shall mean all UTILITIES located within the limits of any governmental entity. HH. UTILITY IN PRIVATELY OWNED RIGHT-OF-WAY shall mean all Utilities, excluding City/Town Utilities, whose facilities are located within a private easement. MASTER AGREEMENT-Wylie-2 13 13 4 II. UTILITY BETTERMENT shall mean any increase in the capacity of any Utility's Facility adjusted or relocated as a part of the PROJECT as compared to the existing Facility, or any upgrading of the Utility's Facility above the standard practices, devices or materials, specified by the Utility and customarily used by CityTown or Utility on projects solely financed by City/Town or Utility. Provided, however, that any adjustments necessary to successfully accomplish the Project shall not be considered a Betterment, and further, that any increase in the capacity of the Utility Facility resulting solely from the replacement of devices or materials no longer regularly manufactured, processed or installed shall not be considered a Betterment, provided that such replacement shall be only to the standard devices or materials currently used on other projects financed solely by City Town or Utility. This meaning shall apply to utilities that are part of the project as well as the standard basic street components (See "STANDARD BASIC PROJECT DESIGN''). ARTICLE II. PERIOD OF THE AGREEMENT This Master Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed (The "Effective Date"). This Master Agreement shall expire ten years from the Effective Date unless terminated in accordance with Article IV. ARTICLE III. AMENDMENTS This Master Agreement may be amended with the mutual consent of the CityTown and County. Any amendment must be in writing and approved by the parties' respective governing bodies through either a Court Order from Commissioners Court or a City/Town Council Resolution. ARTICLE IV. TERMINATION, DEFAULT, TIME OF THE ESSENCE AND FORCE MAJEURE A. TERMINATION a. This Master Agreement may be terminated by any of the following conditions: 1. By expiration of term of the agreement. 2. By either party, by notice in writing establishing the effective date of termination to the other party as consequence of the party being in default of the provisions of this Agreement or any supplemental agreement or failure to timely provide funding, with proper allowances being made for circumstances beyond the control of the defaulting party. 3. By either party with ninety days written notice to the other party. b. Should either party terminate this Master Agreement as herein provided, all existing, fully executed supplemental agreements made under this Master Agreement shall not be terminated and shall automatically incorporate all the provisions of this Master Agreement. c. In the event that any supplemental agreement is terminated prior to completion of the Project, no additional Costs shall be incurred other than Costs due and payable at the time of termination for services actually performed or that shall become due and payable due to such termination. The Lead Agency, to the extent permitted, may terminate all project contracts, MASTER AGREEMENT-Wylie-2 13 13 5 unless written notice is given by either party to the other of its intent to complete the Project, and prepare a final accounting for the Project. d. If the Project is terminated by the City/Town prior to the award of any construction contract and the Project is located within the City/Town limits, City/Town shall pay to County the full amount expended by County on the project and County shall transfer to City/Town its rights and all deliverables that it may be entitled to receive under the existing professional services or other project contracts or agreements. Such amount shall be included in the final accounting for the Project. Such amount shall be due and payable in full ninety (90) days subsequent to the termination, or thirty days subsequent to delivery of final accounting. e. Once the construction contract has been awarded by the governing body of the Lead Agency, the PSA for that Project cannot be terminated until completion of the construction. f. In the event that a Project is terminated prior to the award of the construction contract, either party may, upon written notice, take over the project and prosecute the work to completion by contract or otherwise at its sole cost and expense. In the event that the party completing the work is not the Lead Agency, it is agreed that the Project Manager will furnish to the Completing Party a listing of current records pertaining to any outstanding obligations or other records or information required by any project contract, including any Work Order, or requested in writing by Completing Party in either printed or electronic format or both. The Lead Agency agrees to cooperate with the Completing Party. The Lead Agency will use its best efforts to transfer to the Completing Party all contracts. Obligations under such contracts shall become the sole obligation of the Completing Party upon transfer. Completing party agrees to timely pay all future obligations under such contract as they become due and payable. Completing Party hereby releases the Lead Agency from any and all liability under such assigned contracts subsequent to date of transfer, effective upon the transfer date. Lead Agency shall exercise its best efforts to insure a transition of services without interruption. Either party shall have the right to retain copies of all data, information, engineering, studies, or other items produced to the date of termination. g. Provisions b through g of this section shall survive the termination of this Master Agreement and any PSA and shall be a continuing obligation until the transition of services, all payments made and the Projects are complete. All items listed or required in this provision shall be furnished by Lead Agency to Completing Party without additional cost or expense to completing party. B. FORCE MAJEURE: Neither County nor City/Town shall be deemed in violation of this Contract if it is prevented from performing any of its obligations hereunder by reason of, for or through strikes, stoppage of labor, riot, fire, flood, invasion, insurrection, accident, order of court, judge or civil authority, an act of God, or any cause reasonably beyond the party's control and not attributable to its neglect. In the event of such an occurrence the time for performance of such obligations or duty shall be suspended until such time that such inability to perform, shall be removed. The party claiming the suspension shall give notice of such impediment or delay in performance to the other party within ten (10) days of the knowledge of such occurrence. Each party shall make all reasonable efforts to mitigate the effects of any suspension. The provisions of this Article IV section B shall survive the termination of this Master Agreement. MASTER AGREEMENT Wylie-2 13-13 ARTICLE V. LIABILITY FOR ACT AND OMISSIONS County and City/Town agree that both County and City/Town shall each be responsible for their own negligent acts or omissions or other tortuous conduct in the course of performance of this Master Agreement without waiving any sovereign or governmental immunity available to either County or City/Town under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. The provisions of this Article V shall survive the termination of this Master Agreement. ARTICCLE VI. LEAD AGENCY A. Lead Agency shall be that entity which is responsible for the project from conception through to completion of construction. City/Town and County may choose for County to manage project through design and construction and for City/Town to acquire ROW. B. In the event that the City/Town is Lead Agency the City Town shall: a. Provide project management and leadership from project selection to construction completion following the 5 Phase Project Delivery System as detailed in Exhibit A, attached hereto and as well as any additions or supplements thereto; b. Lead Agency shall be responsible for hosting the Preliminary Concept Charrettes and or Preliminary Design Charrettes and Neighborhood Public Workshops; c. Acquire ROW necessary for project; d. Enter into or obtain whatever agreements or permits necessary for project completion; e. Provide County with opportunity for significant input in plan development and periodic progress reviews; and f. Provide records for periodic auditing for either financial accounting or engineering accounting or both. C. For City/Town-led projects in which the City,Town is considering to specify transportation infrastructure elements exceeding the Standard Basic Project Design criteria, County funding will only be eligible to the Standard Basic Project Design criteria unless the City/Town and County have arrived at mutual agreement through involvement of County during the initial design phases including the Design Partnering Kick-off Meeting and as necessary the Preliminary Concept Charrette and Preliminary Design Charrette meetings. ARTICLE VII. CITY/TOWN COVENANTS AND AGREES AS FOLLOWS: A. To execute with reasonable promptness the necessary agreements for the implementation of design and construction of the Projects mutually agreed upon and incorporated herein by PSA. B. To provide City:Town Council Resolution adopting approved preferred alignment, proposed estimated budget, and commitment to meet Project funding for each milestone as specified herein or in the Funding Agreement and'or PSA. C. To provide City.Town Council Resolution adopting the subdivision regulation in the ETJ as defined in Article XVII below. MASTER AGREEMENT-Wylie-2 13 13 D. City/Town agrees to share the funding of each Project with County on an equal share basis of 50%/50% or as otherwise agreed cost sharing arrangement as specified in a Funding Agreement and/or PSA with the following exclusions: a. City/Town shall bear the entire cost of: 1. City'Town owned utilities relocation or adjustment such as water and sanitary sewer facilities, except utility adjustments directly attributable to storm sewer improvement conflicts; 2. Amenities including but not limited to street pavers, colored concrete, planters, decorative lighting, special signage, or any other feature over the Standard Basic Project Design; 3. Utility Betterments 4. Direct costs of City°Town which is fulfilling the role of Lead Agency, shall be totally funded by City/Town unless supported by a detailed hourly accounting system equal to County's accounting system. 5. City Town Indirect Costs. E. When mutual written agreement has been reached as to Projects' concepts, design elements and limits by County and City/Town at the PDC, City/Town agrees to acquire ROW required for designated projects by voluntary dedication, the subdivision platting process and/or other legal means, to the maximum extent possible, and to ensure through the building permitting process that setback requirements are imposed to limit encroachment upon the required ROW. City/Town agrees to fund ROW not acquired, but reasonably expected to be acquired. City/Town also agrees to fund the removal of improvements that are encroachments within existing or proposed ROW areas. F. In the event of any proposed use of the Project ROW that will conflict with the proposed Project and City/Town is unable to obtain such ROW as described above, City;Town shall notify County of such conflict. County and City:Town shall determine if the acquisition of the conflicting parcel would be in the best interest of the Project. In the event that agreement is reached and the parcel is acquired such cost shall be included in the pro rated cost of the project in the agreed upon proportions. G. City/Town hereby grants the County authority to enter into eminent domain proceedings within the City/Town limits on each specific ROW alignment and/or project as approved by the CityTown and County. H. To require all Utilities located within or using the present public ROW on all designated transportation projects within City's/Town's municipal limits to adjust ands or relocate said Utilities as required by the proposed improvement of the designated transportation Project. City'Town Utilities shall be relocated or adjusted at no cost to County except as may be specifically set forth in this Master Agreement. I. City/Town agrees to be cooperative on issues relating to billboards, advertising signs, non- conforming uses, zoning and similar restrictions and to exercise its best efforts to provide variances when possible to minimize cost and delay of Project. Additional Project cost caused or contributed to by City/Town ordinance, zoning, non-conforming use determination or other requirement shall be paid in full by City:Town. J. City/Town shall require the adjustment and or relocation of Utilities to be accomplished and finalized, as expeditiously as possible after approval of final plans to prevent Project schedule MASTER AGREEMENT-Wylie-2 13 13 8 delays. Notwithstanding anything contained herein to the contrary, all Utilities shall be adjusted or relocated and the ROW clear for construction not later than thirty (30) days prior to the award of the construction contract. City Town will notify the County and other Stakeholders when utility conflicts would impact progress of the project completion. County and City Town agree to work in partnership and with all Stakeholders to solve the problem; to include engaging elected officials in the problem resolution with the goal to prevent delays in the commencement or prosecution of construction on the Project. K. Where planned roadway improvements (including, but not limited to storm drainage,) are in conflict with City°Town owned water and sanitary sewer systems, that could otherwise remain in place, the actual costs of the necessary adjustment of CityTown water and sewer utilities shall be pro rated at the overall percentage agreed to by City/Town and County for cost sharing. City.Town shall be responsible for funding one hundred percent (100°0) of any Betterment; as well as 100% of any relocation that is caused by CityTown installation during the Project Duration. Except as provided herein, all costs for adjustment and/or relocation of utilities in the public ROW shall be the responsibility of the Utility Owner or of the City Town Utility. Any Project delay or other damages caused by CityTown Utility failure to timely relocate or adjust the facility shall be at the entire cost of City Town. L. To provide for continuing surveillance and control of ROW to prevent the construction, placement, storage or encroachment of any signs, personal property or other appurtenances in the existing or proposed ROW. In the event that the aforementioned features are allowed by City:Town to encroach on necessary ROW during the duration of the project, City/Town shall bear the entire cost of removal or relocation of said encroachment. M. To provide to County for County's or County's designee's use, at no cost, adequate copies of all construction standards, codes, (specifically including zoning and development codes), plats, specifications, guidelines, standards or any other pertinent information as determined by County to be required for the completion of the Project. Additionally, City/Town shall furnish County, at no cost, such documents as necessary to keep all items previously furnished to County current. N. Actively participate and provide authorized representation with decision making power at PCC and/or PDC, preconstruction meeting, partnering meetings and project team meetings which are necessary to project development/completion and fiduciary relationships. O. City.Town agrees to provide timely review of interim submittals. "Timely review" will be agreed upon during the PCC and/or PDC as a part of the Project schedule. City'Town further agrees that if no review notes are submitted by City Town in writing to County on a timely basis, plans are approved as submitted. P. When City/Town is Lead Agency City/Town agrees to allow forty-five days for County review of submittals and any comments shall be incorporated into final document. Q. City/Town agrees that it will pay all additional project cost for any City/Town requested discretionary change, including, but not limited to Amenities and Utility Betterments, in or addition to the design or construction of the project subsequent to the City Town opportunity to review the sixty five percent (65°0) design plans. R. Provide at City's/Town's cost for the continuing maintenance of all the Project ROW, such as mowing, drainage, trash removal, etc., during the period between acquisition and construction. S. During the construction of the Project and after completion of the Project, City/Town will be responsible for the control, operation, police enforcement and or emergency services, without cost or contribution from the County. MASTER AGREEMENT-Wylie-2 13 13 9 T. After the completion of a Project and the one year maintenance period, the City:Town will be responsible for all future maintenance without cost or contribution from the County. U. Bear the entire cost of design, construction and administration for landscaping, streetscaping, streetlighting, as such items are not included in the Standard Basic Project Design and other amenities specified or requested by City in excess of Standard Basic Project Design. V. It is the intent of this Master Agreement that the County will be the Lead Agency. In the event that the City/Town and County agree in writing that City:Town will manage and administer one or more Projects, City/Town and County will enter into a PSA as to that project(s). In such instance, City/Town agrees to assume all Lead Agency responsibilities except as may be set forth in the PSA as determined by mutual consent. ARTICLE VIII. UTILITY IMPACTS. A. In cases where a Utility is located in a Privately Owned ROW, and it is necessary to relocate the facility or make adjustments by reason of the widening or improvement of the designated project, the County (or City'Town if acting as the Lead Agency) will, after submission by utility company of ROW documentation and cost estimates acceptable to the City/Town, County and other Stakeholders, assign the actual costs for the relocation and/or adjustment of said utility to the Project. B. In cases where a Utility in Public ROW, excluding City Town Utilities, occupies any portion of the Project ROW by Texas or Federal Law or by agreement with the City/Town that allows or permits the City/Town to cause the relocation of the utility for the construction of the project, the City/Town shall timely require and enforce the relocation or adjustment requirement at no cost to the project. In the event that the City/Town has no legal or contractual right to cause the relocation, the relocation or adjustment shall be relocated or adjusted and all cost shall be a Project Cost. City'Town shall take all steps necessary to insure that such relocation or adjustment shall not conflict with or delay the Project schedule. ARTICLE IX. COUNTY COVENANTS AND AGREES AS FOLLOWS: A. To provide as a Project Cost preliminary engineering which will define project details, e.g., location, scope of work and specific right of way alignment for each improvement. Such preliminary engineering shall be submitted to the City for approval, prior to proceeding with the final design and any right of way acquisition. B. To provide as a Project Cost for the construction of transportation improvements based upon design criteria conforming to Standard Basic Project Design in conformity with applicable City ordinances and standards, to the extent of Commissioners Court approved program funding. Scope of work shall include the agreed upon design standards as the basis for improvement criteria. Deviations from mutually agreed upon application of City:Town standards and:or design criteria shall require prior approval of City/Town. Where CityTown standards do not exist, TxDOT standards as of the Effective Date of this Master Agreement shall be utilized unless otherwise mutually agreed by PSA. C. To actively participate and provide authorized representation at Predesign Charrette, preconstruction meeting, partnering meetings and project team meetings which are necessary to project development and completion and fiduciary relationships. MASTER AGREEMENT—Wylie-2 13 13 1 a? D. To provide project management of each Project where County is Lead Agency from commencement to completion of construction. City and County may further agree by mutual consent to redefine project management roles as beneficial to the Project as defined in the MOA and supplemental agreements. E. Upon receipt of written request detailing the information requested, to provide information related to the Project to City:Town or City's/Town's designee at no cost to the City. F. County agrees to provide review of interim submittals within forty-five days and hereby agrees that if no review notes are submitted by County (if City/Town is filling the role as Project Manager) in writing to City/Town, plans are approved as submitted. G. To submit final engineering plans for review and written approval by City/Town at least thirty (30) days prior to advertising for construction. H. To provide for the acquisition, including acquisition by Eminent Domain, of the necessary additional ROW, on designated projects, in accordance with minimum standard requirements and utilizing existing public ROW to the maximum extent possible as a Project cost. I. To require all contractors to secure all necessary permits required by City/Town on said construction projects. J. To furnish record drawings of construction plans for the permanent records of City/Town within twelve (12) months upon completion and acceptance of the transportation improvement Project. K. To transfer the real property or property interest acquired by County and used for the Project to City:Town. L. In the event County and City agree in writing that City will be the Lead Agency for the agreed upon Project, County will reimburse City for agreed costs as detailed in Article XIII. (Funding) in an amount not to exceed the Project cost as approved by Dallas County Commissioners Court and incorporated in the PSA. All County payments shall be in accordance with County Policies and Procedures or as may be mutually agreed between the parties and incorporated in a PSA. ARTICLE X. PRELIMINARY DESIGN CHARRETTE (PDC), PRELIMINARY CONCEPT CHARRETTE (PCC) A. City/Town and County, as specified in Articles VII and X, respectively, will designate officials or representatives to participate in a PCC and or PDC to be conducted on a mutually agreeable date and location. At least part of this meeting will be conducted on the Project site. B. Results from PCC will identify the general project scope, the basic approach and concepts to be taken with the project, the elements of CSS that will be included, and some ideas for alignments alternatives. Lead agency will already have been determined, and as well as project administration and management roles, to include the Project Manager. Key project team participants shall be introduced to stakeholders at the PCC and or PDC. Results from the PDC will identify the preferred alignment of the project which all stakeholders can support and build momentum behind, and provide all stakeholders a commitment for project delivery schedules and project budgets. ARTICLE XI. FISCAL FUNDING Notwithstanding anything to the contrary herein, this Master Agreement is expressly contingent upon the availability of County funding for each item and obligation contained herein. City/Town shall have MASTER AGREEMENT Wylie-2 13-13 1 I no right of action against the County as regards this Master Agreement, specifically including any funding by County of the Project in the event that the County is unable to fulfill its obligations under this Master Agreement as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this Master Agreement or failure of any funding party to budget or authorize funding for this Master Agreement during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the County, at its sole discretion, may provide funds from a separate source or terminate this Master Agreement. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. Notwithstanding anything to the contrary herein, this Master Agreement is expressly contingent upon the availability of City/Town funding for each item and obligation contained herein. County shall have no right of action against the City/Town as regards this Master Agreement, specifically including any funding by City/Town of the Project in the event that the City/Town is unable to fulfill its obligations under this Master Agreement as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this Master Agreement or failure of any funding party to budget or authorize funding for this Master Agreement during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the City/Town, at its sole discretion, may provide funds from a separate source or terminate this Master Agreement. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. A. ARTICLE XII. FUNDING A. City/Town and County mutually agree to proportionately fund the Direct Project and Program costs as agreed by the parties in a PSA. Unless otherwise specified in the PSA, County shall bear fifty percent (50%) of the total Direct Project and Program costs excluding the Amenities, relocation or adjustment of CitylTown Utilities, Utility Betterment, Indirect Cost, Direct Cost not supported by detailed hourly accounting system and other items as specified in this Master Agreement, Funding Agreement or any PSA. County shall not be responsible for any amount of funding in excess of the Project not-to-exceed amount as shown in the PSA. Unless otherwise specified in the PSA, City/Town shall bear fifty percentage (50%) of all Direct Project and Program costs. In addition, City Town agrees to fund all other City cost as provided herein, including, but not limited to, Amenities, relocation or adjustment of City/Town Utilities, Utility Betterment, Indirect Cost, Direct Cost not supported by detailed hourly accounting system and other items as specified in this Master Agreement, Funding Agreement or any PSA. B. Unless otherwise stated in a PSA, the milestones for each project shall be (1) preliminary and primary design (2) ROW acquisition and utility relocation or adjustment and (3) construction. The Lead Agency shall prepare an estimated cost for each milestone. Upon approval of the cost by the other party, each party shall fund its share of the respective milestones by placing that amount of money in an escrow account or otherwise encumber the funds to insure that the Lead Agency will have sufficient funding available from current revenue for the timely payment of Project milestone costs. The Lead Agency may bill the other party for periodic payments for the actual amount of work completed toward the completion of the milestone. Upon completion of the milestone, the non- management party will be furnished a notice that such work has been completed and the amount of funding that may be utilized to pay subsequent milestone Project cost. Notwithstanding any other term or condition contained herein or in any PSA, neither party will be required to award any contract until MASTER AGREEMENT-Wylie-2 13 13 12 written certification has been received that funding has been placed in escrow or encumbered for the payment of the non-awarding party's portion of the Project cost. C. In the event that the cost of the Project shall exceed the not-to-exceed amount, City Town and County agree to either reduce the scope of construction or seek additional funding to complete the Project at the agreed upon cost share percentages. At the termination of the Project, the Lead Agency will do a final cost accounting of the Project. In the event that the amount paid by either party exceeds its portion of the actual cost, the difference will be remitted to such party. In the event that additional funds are due, the Lead Agency will bill the other party who agrees to pay such funds within thirty(30) days of receipt of such billing. D. If City/Town elects to manage Project, County will reimburse City/Town based on invoices for actual costs expended as supported by documentation approved by County Auditor. Any and all supporting documentation required by County Auditor shall be included with invoice from City/Town. E. Upon execution of a PSA, City/Town shall escrow an amount adequate for initial project costs which County may use to pay for initial professional services required for scoping, preliminary, and primary design. F. CityTown and County shall enter into Funding Agreement and/or PSA to establish commitments as required for each project. Suggested timeframes for Funding Agreements, PSAs and,or any amendments are: a. As soon as project accepted by Commissioners Court and as a result of the kick off partnering meeting, a Funding Agreement to establish Lead Agency for preliminary engineering and general funding responsibilities and procedures for reimbursement by Participating Agency; or b. When the preliminary engineering plans are at 60% complete; or c. After construction bids are opened amend the PSA as needed. ARTICLE XIII. NO THIRD-PARTY BENEFICIARY ENFORCEMENT. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and all right of action relating to such enforcement shall be strictly reserved to City Town and County and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person on this Agreement. It is the express intention of City Town and the County that any entity other than City/Town or the County receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. This Agreement is intended only to set forth the contractual right and responsibilities of the agreement parties. ARTICLE XIV. RIGHT OF ENTRY The City/Town agrees that County shall have the right to enter upon the Project area for the time period necessary for the completion of the Project. City/Town agrees to furnish such police or other City/Town personnel as requested by County for traffic control or other public safety matters at no cost to the Project or County. MASTER AGREEMENT-Wylie-2. 13.13 1 ARTICLE XV. LIST OF PROJECTS City.'Town agrees that it has been furnished with a list of the potential Projects as approved by the Dallas County Commissioners Courts, subject to the agreement between the parties of a PSA. CityTown stipulates and agrees that the Commissioners Court Order approving the projects identifies the potential Project location and describes the type of project in sufficient detail that the City lTown is fully aware of the location and type of projects being considered. ARTICLE XVI. ORPHAN ROAD POLICY; The County encourages all cities adjacent to orphan roads in the county to develop, commit to and submit a plan to the County for completing the annexation of the orphan road segments and assuming full responsibility for these roadways. In instances where two cities abut the same orphan road segment, the County encourages the two cities to jointly develop a plan of the annexation of that segment. The County offers its assistance to the cities in developing such plans. A. The County, at the discretion of the Commissioners' Court, may give additional selection value to projects in cities that have submitted a specific plan for the annexation of orphan roads when the County selects, approves and schedules projects for funding in the County's major MCIP. Such preference may also be given in approving projects for road and bridge district participation (Type -B" work). B. The County, at the discretion of the Commissioners Court, may also refuse to participate in discretionary projects, such as road and bridge district projects or MCIP projects, in a City/Town that elects not to pursue the annexation of orphan road segments that abut its boundaries. Failure to notify the County of the City's/Town's intent to annex and,or failure to submit a plan for annexation in a timely manner shall be construed by the County as the City's/Town's election not to pursue annexation. C. The County, at the discretion of the Commissioners Court, may select specific orphan road segments for improvement when a City commits to annexation of the segment upon completion of the project. However, the specific plan for annexation of orphan roads submitted by the CitylTown will not be Iimited to annexation upon completion of improvements by the County. The County improvements may be made as road and bridge projects or as MCIP projects (subject to other MCIP criteria including regional thoroughfare plan designation and City/Town cost participation.) D. This policy application is prospective and projects selected by the County and approved by the Commissioners Court prior to the date of the adoption of this policy shall not be impacted by this policy. E. The County shall provide written notification of the adoption of, and future revisions of, this policy to the cities abutting orphan road segments. F. The provisions of this Article XVI shall survive the termination of this Master Agreement. (Ord. No. 2002-637; Ord. No 2006-1171) MASTER AGREEMENT-Wylie-2 13 13 Iy ARTICLE XVII. SUBDIVISION REGULATIONS IN THE EXTRA TERRITORIAL JURISDICTION County and City/Town agree that City is the office that is authorized to: (1) accept plat applications for tracts of land located in the extraterritorial jurisdiction; (2) collect all applicable plat application fees; (3) provide applicants one response indicating approval or denial of the plat application; and (4) establishes a single set of consolidated and consistent regulations related to plats, subdivision construction plans, and subdivisions of land. The provisions of this Article XVII shall survive the termination of this Master Agreement. ARTICLE XVIII. MISCELLANEOUS GENERAL PROVISIONS A. Applicable Law. This Agreement and all matters pertinent thereto shall be construed and enforced in accordance with the laws of the State of Texas and exclusive venue shall be in Dallas County, Texas. Notwithstanding anything herein to the contrary, this Agreement is expressly made subject to County's and City/Town's Sovereign Immunity, Title 5 of Texas Civil Practice and Remedies Code, and all applicable State of Texas and Federal laws. B. Entire Agreement. This Agreement, constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto as herein provided. C. Severability. If any provision of this Agreement shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. D. Default/Waiver/Mitigation. It is not a waiver of default if the non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or provided by law. E. Federal or State of Texas Funding. In the event that any work or part thereof is funded by State of Texas or U. S. Government funding and any statute, rule, regulation, grant, contract provision or other State of Texas or U. S. Government law, rule, regulation or other provision imposes additional or greater requirement(s) than stated herein, City/Town agrees to timely comply therewith without additional cost or expense to County. F. Headings. The titles which are used following the number of each paragraph are only for convenience in locating various provisions of this Agreement and shall not be deemed to affect the interpretation or construction of such provision. G. Number and Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. H. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. I. Notice. Any notice provided for in this Agreement to be given by either party to the other, shall be required to be in writing and shall be deemed given when personally delivered, or three (3) business days after being deposited in the United States Mail, postage prepaid, certified, returned receipt requested, or registered addressed as follows: MASTER AGREEMENT-Wylie-2 13 13 :5 To County: County of Dallas Director of Public Works Dallas County Administration Building 411 Elm Street, Fourth Floor Dallas, Texas 75202-3389 To City/Town:City of Wylie, Texas City Engineer 300 Country Club Road Wylie, Texas 75098 Either party may change its address for notice by giving the other party notice thereof. The City/Town of , State of Texas, has executed the Agreement pursuant to duly authorized City/Town Council Resolution Minutes Dated the day of , 20 • The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number and passed on the _day of , 20 CITY OF WYLIE COUNTY OF DALLAS BY BY TITLE Clay Lewis Jenkins, County Judge DATE DATE ATTEST APPROVED AS TO FORM: CITY SECRETARY ATTORNEY DALLAS COUNTY CRAIG WATKINS DISTRICT ATTORNEY TERESA GUERRA SNELSON CHIEF, CIVIL DIVISION By: Sherri L. Turner Assistant District Attorney CONFIDENTIALITY NOTICE:This electronic transmission and any attachments constitute confidential information which is intended only for the named recipient(s)and may be legally privileged.If you have received this communication in error please contact the sender immediately.Any disclosure, copying,distribution or the taking of any action concerning the contents of this communication by anyone other than the named recipient(s)is strictly prohibited. MASTER AGREEMENT Wylie-2l313 It: EXHIBIT A ‘Y4I: DEPARTMENT OF PUBLIC WORKS 411 ELM ST 4TH FLOOR DALLAS TEXAS 75202 PROJECT MANAGEMENT PRACTICES MANUAL 5 PHASE PROJECT .DELIVERY SYSTEM JULY 2009 INTRODUCTION The purpose of this manual is to provide a standard practice guide on project management practices within the Dallas County Public Works Department. It is meant to assure that a standard approach is used by all Project Managers (PMs)and other project team members in the delivery of County-led transportation projects. The guidelines are meant to meet the requirements and intent of the American Public Works Association's (APWA) publication entitled "The Public Works Management Practices Manual" (The Manual). The Manual contains 529 recommended practice statements that describe the critical elements necessary for a full-service public works agency to accomplish its mission. We estimate that about 300 statements apply to the missions of Dallas County Public Works Department. The practice statements "call for the development and implementation of a policy or procedure in the form of a rule,regulation,written directive,or for the execution of an activity,report,procedure or other action." This PMP manual is intended to fulfill that requirement and covers a number of practice statements. It begins with Practice Statement 10.8 "Project Management"in the Chapter 10, "Planning and Development." It also includes practices elements in a general sense from Chapters 11 "Engineering Design," Chapter 12 "Bid Process," Chapter 13 "Project Management," Chapter 14 "Right-of-Way Management," and Chapter 15 "Utility Coordination." Our basic methodology is a strong matrix approach, so that our PMs are assigned from the time a planning initiative become a true approved project, to completion of the total project. We use the terminology found in the Project Management Institute's "A Guide to the Project Management Body of Knowledge" (PMBOK). This includes the definition of a "Matrix Organization" which we aspire to be. This definition is: "Any organization structure in which the project manager shares responsibility with the functional managers for assigning priorities and for directing the work of individuals assigned to the project." When we speak of a project matrix team, we are referring to a team led by an appointed PM who has team members from throughout the 4 functional divisions of Dallas County Public Works. These four divisions are Transportation and Planning, Property, Engineering & Construction, and Program & Engineering Management. The PMs are assigned to the Engineering and Construction division,but manage projects from cradle to completion. There is no hand-off between functional divisions. This Practice Manual is purposely short. We desire to provide a guide to project delivery practices, not an exhaustive "how to" manual. Other Public Works Practices (all indexed to the APWA Practices Chapters and numbers)do provide more detailed instructions on the specific elements of project delivery. Our experience is that very thick manuals are not used as much as shorter guidelines that provide the boundaries of good practice and a standard approach on the essentials. We then empower our individual PMs to work within the guidelines,leveraging their own strengths (their"hedgehog" talents)to work the details in delivering their individual projects. PHASE :'1;-- PLgANpNING & PRELIMINARY DESIGN STEP ONE, PROJECT DEFINITION -4 1 i f 1 i 1 1 1 1 1 1 I I I I I I I i.1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 -h-1A- 1. Transportation Planning distributes a"Call for Projects"to all Dallas County cities. This is a process initiated every 2 to 3 years and involves partnering with all the cites and stakeholders. The nomination period is open for 4-6 months before projects are submitted, usually in August of odd numbered years. Public Works will host a partnering workshop and 2 include a luncheon in the middle of a meeting about 4 hours long. Various aspects of this Call for Projects Workshop and process will be adjusted based on input from city partners. 2. Planning Division will adjust the project selection criteria based on input from the cities, criteria that NCTCOG is using, and guidance from the County Commissioners. The final criteria and Call process will be briefed and approved by the Commissioners Court and a 5- signature letter will be used to transmit the Call to the cities. The amount of time for the nomination process will be adjusted based on feedback from the cities. This is to assure they have enough time to brief their elected officials, plan for inclusion of projects in city bond elections, and prioritize city capital spending. After the Planning Division assures all the information is submitted correctly (and assists some of the smaller city staffs in submissions), a matrix team of Public Works (PW) employees begins with an executeability analysis that precedes selection of projects for inclusion in the County's MC1P. The team,with Engineering&Construction,Planning,&Property people involved,provides assistance with risk assessments from various perspectives--feasibility,cost estimates,scope definition, political aspects, funding, technical issues, utilities, safety, environmental, and traffic factors, etc. Property Division team members examine Right-of-Way (ROW) & utilities, Iooking at feasibility, types of property involved,other significant factors, such as at-grade,railroad crossings, relocations, etc. 3. The Director and AD's meet with each Commissioner separately to go over the slate of nominated and analyzed projects in his/her District. Google Earth or other technology is used to give the Commissioner a comprehensive look at the nominated project and its environs. The pros and cons of each project are discussed with each Commissioner taking their own approach to project selection. The technical grading scores act as a common denominator to assure only effective projects are in the ballpark for selection. Public Works provides data on previous funding commitments, and percent of thoroughfare roads & population of each city,to help Commissioners decide on the projects to be selected. Every project is placed into a Program Year (PY) (year slated for construction start), based on District and overall County MCIP cash flow projections. After briefing each Commissioner and the Judge, the updated spreadsheet called the "MCIP Transportation Funding Commitments"is presented in Briefing format in public forum to the Commissioners Court. The following week,a Court Order is submitted and the MCIP is then formally approved by the Court, with a 5 Signature Court Order. 4. The MCIP has been formulated on the premise that legal agreements should reflect the nature and character of the program. Equal funding partnerships, matrix Project Management, Context Sensitive Solutions methods of project delivery,and partnering principles applied in every phase of project delivery are the essential elements of the MCIP. The time it takes for getting inter-local agreements approved should never be on the critical path of project delivery. Therefore much effort has been expended between the Civil DA legal staff and Public Works staff to formulate a "Master Agreement Governing Transportation Major Capital Improvement Projects."This MOP Master Agreement has been signed by 26 Dallas County cities with approved projects and serves as the legal basis for partnerships between the various cities and Dallas County. It will be renewed every 10 years. Later during project design,enough information will be known to forge a Project Supplemental Agreement(PSA) that details the specifics of that particular project. None of the basic elements of a city- county legal agreement have to be repeated in the PSA,thus simplifying the process and time involved. 5. A kickoff meeting is next held with each of the City Partners who have projects selected. This key meeting sets the basic parameters for each of the projects, such as cash flow requirements for each partner,who the lead agency for project delivery will be,agreed upon technical criteria,known risks,roles for each stakeholder,etc.,all focused on assuring timely project delivery and moving the project into construction during the selected PY. If there is a great deal of uncertainty associated with the project(e.g.part of some economic development such as transit oriented development,or part of brown field development,or other significant environmental challenges,or a very significant change in planned use of an area in the future, e.g. industrial changing to mixed use, etc), then the lead agency may conduct a Planning Charrette. The purpose of this meeting with all significant stakeholders is to determine the beginning scope and the realm of possible approaches. Serious design cannot begin until there is stakeholder agreement on a relatively reasonable set of alternatives,which bear some relationship to the scope of funding currently available. Partnering relationships will also be established at this Charrette which should be sustained throughout the life of the project. 6. Public Works commits to using Partnering Principles of Trust, Commitment, and Shared Vision in addition to Best Practices of Project Management Principles throughout the life of the project. Each City is invited to use the same principle-centered teamwork as we work together to deliver the selected projects. This partnering approach is also an integral part of Context Sensitive Solutions(CSS),a design methodology that involves early and continuous involvement of all stakeholders. 7. For every project that the city and county stakeholders agree to assign Dallas County as the Lead Agent, a Project Manager (PM) will be assigned by the Assistant Director of Engineering and Construction. In addition the Assistant Director in consultation with the PM and other Assistant Directors and PW Business Unit leaders, will identify matrix team members for the project. 8. An initial Project Funding & Execution Status (PFES) and Program Management and Planning Status(PMAPS)form will be developed by the PM for each project in coordination with the PEMD & the AD, Engineering & Construction. Each business unit leader will review PFES and PMAP in order to provide an adequate workforce for each project, and assure team members assignments are balanced. 9. Decision on use of Subsurface Utility Engineering (SUE) will be made before initiating design. In the analysis of candidate projects,utility relocation risks will have been identified. When these risks are high (the usual situation), then funding will be planned in the design for SUE efforts. PW now has in place an IDIQ contract for quick implementation of SUE consultant efforts. Utility partnering efforts include initiatives for joint efforts wherever feasible. This information will be critical for designers to use as they launch the design. Total integration of the SUE methodology will help assure that ALL utility impacts are considered in every phase of project delivery. STEP TWO, PRELIMINARY DESIGN 1. A systematic decision process as part of the Public Works Business Operating Plans (PWBOP) updating is done to determine which design efforts will be completed with in- house designers and which will be done by consultants. For consultant selection,a rigorous and systematic process will be used to select the best qualified consultants for each project. An initial contract will be signed with a best qualified consultant to perform the entire preliminary design,or participate as a Preliminary Design liaison,trainer,or expert to advise 4 an in-house design force for the project. As much as possible, an Indefinite Delivery, Indefinite Quantity (IDIQ)methodology will be used to help assure inordinate amounts of time are not used in the best qualified selection process required by state law. City partners will be given the opportunity to provide input to the County in the consultant selection process. 2. County, city, or joint team of in-house designers or selected consultant firm begins initial design efforts under the leadership of the PM. This design effort will be initiated formally with a Design Partnering Workshop. The PM will assure all significant stakeholders are invited and commit to attend & participate. The meeting will be designed to assure all stakeholders are committed to a smooth and strong start to design, that all the vital stakeholders are involved early,and that progress meetings are scheduled on a regular basis. This will involve commitments by the design team(consultant or in-house) and by the city and county people involved in design approval. Goals include committing to resolve alignment issues early in the design process. In some circumstances,a feasibility study may be required to compare & contrast different alternatives before real design can begin. Estimated ROW takes, utility impacts, and environmental affects for each alternative may need to be reported before stakeholders decide on a preferred alternative for preliminary design. The design partnering meeting will be held over a lunch hour and include a 50%- 50%cost shared, modest lunch. 3. CSS methodology will continue to be used, stressing total stakeholder involvement, throughout the project delivery process. Task Force and Matrix Team meetings will be scheduled in order to assure effective teamwork. The Institute of Transportation Engineers (ITE) manual "Context Sensitive Solutions in Designing Major Urban Thoroughfares for Walkable Communities" will be used as an overall design guide. 4. When a consultant is used as the design agent, a contract will be negotiated for the preliminary design only,unless the project is relatively simple and the final solutions are not in question. The idea is to avoid protracted negotiations on the total scope and fee, when many of the factors influencing final design consideration are not yet known. An amendment to the contract for completion of the Primary Design can be negotiated after Preliminary Design is nearing completion. At this time, the unknowns should be relatively few and the scope negotiation much easier to navigate. The decision to amend the contract for completion of the Primary Design will be made after an interim evaluation is completed using the County's consultant evaluation system. Every effort will be made to assure a seamless design process, without interruptions by prolonged negotiations in signing the Primary Design amendment to the contract. 5. A Preliminary Design Charrette (PDC) will be planned by the Project Manager who will lead the execution with all stakeholders(Cities,utilities,County,any private parties or other decision-makers). The scope of invitees to the PDC will be dependent upon project complexity and number of unknowns. The goal of the PDC is to build consensus and support behind the project and alignment alternative that is finally selected by the stakeholders. Many projects have been derailed by lack of support when opposition arises. A great effort will be made to assure attendance of all the key players. This consensus building effort is an integral part of any CSS approach to design. The Director and Assistant Directors will be personally involved and the PM will make special efforts to assure political leaders have the meeting on their calendars and plan to attend, or at least have a clear invitation. In addition, by name individual contacts will have to be made to assure utility company representatives attend, since key alignment decisions will be made that can affect, 5 or be affected by, probable utility locations. If applicable, the PDC will include an orientation walk-thru of the project site, which includes right of way assessment. The PM will highlight specific City zoning and other ROW requirements, or ask the city partner to highlight these. 6. As part of the CSS approach, a Public Involvement (PI) strategy will be forged under the leadership of the PM, and the advisement of the PW Transportation & Planning Division (T&P). T&P will attain and maintain a PI center of expertise and advise PMs on various techniques and methods to use to best involve the public and other stakeholders. Public Works will use innovative methods in coordination with our cities,such as workshop/small group formats,inviting outside consultants,etc. City methods&approaches will always be respected and adhered to in this area. 7. Phase I ends with approval of the Preliminary Design Report, Preliminary Alignment/Profile and Preliminary Sizing of bridges and drainage structures along with S.U.E. determination, Preliminary Survey Report, and Preliminary Utility Investigation Report. 8. The design firm or in-house design team will have begun necessary permitting and environmental assessments. Basically the level of effort will approximate that required of the Preliminary Schematic and Environmental Assessment Phase that currently is required on the TxDOT STP/MM projects. 9. Roadway plans are estimated to be 60-65% complete at the end of Preliminary Design. Phase. +s 3.44,41 11-.4" 44 4✓10+++ 4 ••i+4•44c,rt•soli-a c.r 4#4 Cr.:-4,t;4-41.4-rr++4 4•i'k9'441.4 4,.3, PHASE 2 -- PRIMARY DESIGN 1. The initial task is negotiation of an amendment to the preliminary design contract with consultant for Primary Design, or if that is not successful, assignment of the work to an in- house design team. 2. The Scope of Work should now be well defined by all Phase 1 efforts and includes geotechnical investigations,utility analyses(including application of all the S.U.E.data derived in Phase 1),constructability review,environmental analysis,neighborhood public workshops, traffic information approval, estimated ROW parcels, & integration of context sensitive solution elements. 3. Part of negotiations both with in-house design teams and consultants includes definitive delivery dates for various deliverables, phases, and reviews. All commitments made during the Design Partnering meeting and follow-on Task Force meetings will be honored, by all stakeholders. In paying submitted invoices for progress during the design period,earned value analysis concepts will be used to track cost and schedule progress. We DO NOT make 'cost plus' assumptions about consultant's work efforts. Since our 2-phase negotiation system allows for better scope definition,the instances of misunderstanding on true project scope are reduced. 4. Consultant or In-house Design Team works closely with all stakeholders--under the guidance and direction of the County PM, in a partnering mode. The lead designer is the Technical Manager at this point in the process, and is always under the matrix leadership of the PM. Any available internet or intranet based Project Management tools,including extranets,will be 6 used to optimal effect during the life of the project. When one of our IDIQ consultants is hired (survey, miscellaneous design, SUE or materials testing) we will work with them using partnering concepts and treat them as members of the Public Works team. Also, the design firm for water and/or wastewater services will be integrated, and wherever possible, we will attempt to assure the design consultant for the transportation project is also selected by our city partner to design the municipal utility improvements. We will expect any of our consultant partners to become familiar with the elements of our 5-Phase project delivery system and to commit to the precepts of design partnering.. 5. Traffic and utilities data will be considered in design, with data from partner city, County, NCTCOG, TxDOT,or consultant. Agreed upon level of S.U.E.will be key input into design details,and utilities partnering imperatives will be used throughout the design and construction phases. 6. Any required environmental impact analysis will be completed during phase 2. Common sense will be used to address significant issues without wasting time on clearly unimportant areas. The goal is to execute environmentally sustainable transportation infrastructure that improves the overall quality of life of our joint customers,the transportation users and citizens of Dallas County and our cities. 7. Right of Way(ROW)documents will be finalized,with quality controlled by the consultant or in-house design team. The Quality Assurance (QA) function will be completed by both the PM and the Property Division in a smoothly coordinated manner, using pre-coordinated checklists. At the appropriate time.the documents will be delivered to Property Division,but the PM still retains overall responsibility for timely project delivery. Early involvement on ROW issues, including utility relocation aspects (such as getting possible Rights of Entry for utility relocation)is critical for success.Early provision of final and accurate ROW documents will be a critical milestone of the design contract. 8. Design Consultant or In-house Design Team completes work on provided schedule,keeping all the commitments made during the Design Partnering Meeting and the Preliminary Design Charrette. Consultants and/or In-house Design Team are expected to assure that they accomplish"muddy boots"design with true"eyes-on"the total project site. The project should have been walked several times by the time the design is complete. Most underground utilities have above ground markings,which are often overlooked until construction. In design review, we will avoid lengthy rounds of passing designs back and forth,in favor of"over-the-shoulder" reviews, as required to meet design completion timelines. These will include city and other interested stakeholders under the orchestration of the PM. 9. The PM completes an interim evaluation of the design consultant. Special note will be taken of the consultant's system for assuring QC of all design effort including ROW documents. After construction is complete, the PM performs a final consultant evaluation, using our standard evaluation system contained in the contract. The consultant is given an opportunity to evaluate the County's project management process as well. M{}oi« ..ra.r.., .1 a t,64.4.1 +►i* #404,*04P4-baa=.P. �. o- e•.� . *4nt•t-els PHASE 3 -- DESIGN COMPLETION & RIGHT-OF-WAY INITIATION 1. Begins with the delivery of the initial, unsealed ROW documents to the County by the consultant. Consultants will first bring a few ROW documents for review by the PM and Property Division team members, to assure they fully understand the details and level of Quality Control we expect in their submittals. Standards and scheduling will be clearly spelled out in writing within Consultant's contract. Deliverables will include ROW maps and deed records. 2. Consultant is required by contract to submit property owner deeds along with right of way maps which have received an internal quality control process. The PM assures utility representatives are informed of the project and all know utilities are shown on the plans. Diligent efforts will be made to assure that all private or public utility easements are identified on the maps and plans as required in Consultant Contract. All the SUE efforts should be included in the design documents. 3. The PM, still leading project delivery, assures the County or City ROW Functional Manager works to assure efficient execution of ROW planning and acquisition services, as part of the Project Matrix Team. The Property Division will manage the ROW Services IDIQ contract, if this delivery tool is used. Before writing a work order for the ROW services IDIQ,the Property Division Chief will meet with the Chief of Engineering & Construction and the PM, to assure adequate project budget is available for the added cost of procuring ROW services. 4. The PM monitors and tracks progress,helping to resolve issues as they develop. He/she,keeps all stakeholders informed, using e-tools and networking. Any available intemet-based Project Management tools,including extranets,as well as intranets will be used to optimal effect during the life of the project. 5. Consultants or In-house Design Team are to avoid taking ROW that is not absolutely necessary to the construction of the project by performing a Preliminary Design/Right of Way Review Board. The PM uses his/her Matrix Team to minimize the ROW takings and assures appropriate leadership to assure project delivery dates are met. 6. Consultant will make minor changes resulting from property owner requests or other changes that arise naturally in ROW negotiations. 7. As required,the Project Manager will be prepared for expert testimony at any Eminent Domain hearings. 8. The PM decides, in consultation with other stakeholders and early enough to preclude re-work by consultant, the packaging of the Plans, Specs & Estimates (PS&E) package for the construction bidding purposes. The PM will use the Standard Practices of the Public Works Department as the guide, with the precise formats being customized to the type of project involved. Each city partner may have specific requirements, or if the project is a Iocal-let of a federalized project, federal provisions will be included, as per TxDOT guidance. 0144 t 4t 4 - 044 H 1 $4 ft 04 1 44 r 0 PHASE 4 — ROW Completion & Utility Adjustment 1. ROW acquisition is carried to completion, again under the active project management and leadership of the PM, with proactive activity of the ROW acquisition team. If the city or another partner such as TxDOT is the ROW acquisition agency,the PM will still track carefully the progress and proactively lead efforts to remove obstacles,etc.to keep progress on schedule. 2. The PM will use partnering principles as well as results of S.U.E. to assure utility adjustments are accomplished in time to keep scheduled project advertisement and contract award dates.The elements of Public Works Practice (PWP) 15.1, "Utilities Coordination" will be used as the guide.These principles are based on successful partnering efforts for over 10 years with major utility providers(including the UPRR).The PM will assure the attached Essential Elements of Utility Partnering and GUIDELINES FOR ASSURING SMOOTH RELATIONSHIPS BETWEEN LOCAL GOVERNMENTS AND UPRR is proactively used by all matrix team members. 3. The Project Manager tracks and resolves issues and work schedules,using the Matrix Team to proactively lead efforts to remove obstacles of acquisition and utilities relocation to ensure project schedule. As a matter of standard procedure,the use of utilities Rights of Entry(ROE) will be explored on every project. When conditions are there, we will use the ROE as a way to take the utility adjustment time off the project critical path. R&B forces may be needed to clear trees from the new ROW or to move fencing, and will be procured through requests to the Commissioner involved. 4. The City works as part of Matrix Team to expedite utility relocations. Many times, franchise utilities have relationships based on franchise utility agreements with cities that can be used beneficially to secure cooperation. Monthly Task Force meetings are initiated during this phase to assure early and frequent communication with all stakeholders. All team members are to proactively partner with the utilities and facilitate their relocation. Departmental policy is 0 R R (Zero Relocation of Relocations). The practices of PWP 15.1 "Utilities Coordination"will be used by all PMs. This includes use of the Utilities Special Work Assistance Team(U-SWAT) to help resolve tough utility challenges in a timely manner.The U-SWAT team is a resource for the PM and does not relieve him/her of the necessity for close team work, involvement & leadership during the utilities phase of the project. We regard the project as"in construction" during the time our utilities partners are operating in our ROW, relocating their utilities. We work hard to assure that all franchise utilities are relocated in a manner that is safe and will not impact our road construction(e.g. from improper backfill of their trenches,conflict with storm sewers, conflicts with water or sanitary sewer lines, bridge abutments, inlets, etc). 5. An Advertising Risk Assessment (ARA) is completed prior to engaging the Purchasing Department in advertising the project for construction bids. Advertising is not issued until all utilities are within a reasonable and confirmable clearance date. A deliberate decision will be made on how many days from bid opening until contract award, and how many days from contract award until the Work Order(notice to proceed) is given. Work Order dates will not be projected to occur BEFORE high assurance that all known utilities will have been relocated. A second important function of the ARA is to ascertain all the funding commitments,to update the PFES to include all funds already expended, and to calculate an up-to-date construction estimate, called a Current Working Estimate (CWE). All of the above actions will be coordinated and finalized at a meeting scheduled and run by the PM with the Director,Assistant Director and a city partner representatives in attendance. This meeting will be scheduled as one of the critical milestones for the project. 6. The PM will assure designers (in-house or consultant) will be kept on-call for projects if required to complete requested Engineering During Construction(EDC)services, such as shop drawing submittal review and consultation on design intent,assumptions,etc. The intent is to retain the best part of the tremendous energy, effort and focus that the consultant or in-house design team has just expended in designing the project. PHASE 5 -- CONSTRUCTION STEP ONE CONSTRUCTION 1. The PM does all the work to advertise the project and works with the County Purchasing Department for bid opening. A 100%design completion CWE will be completed by the PM and will be used as the fair-cost government estimate for construction bidding purposes. 2. The PM leads the execution of the Project Supplemental Agreement(PSA)with each Partner giving approval of final funding on a timely basis. An updated PFES will be needed at this time. Project Manager prepares Court Briefing Memo and Court Order to award the construction contract as well as the PSA. (Note: on some projects with complicated design phases, the PSA may be signed earlier, during Phase 2). 3. The PM completes all the work for construction contract award. PM works with all partners to assure a logical and timely notice to proceed is given. This order to begin work and the contract time period will be based on status of utility relocations,any city requirements,etc. 4. The PM will plan,schedule and execute the Construction Partnering and Pre-Construction Meeting with key stakeholders in attendance. The PM will schedule for attendance and participation the Director and Assistant Director for E&C. Careful pre-planning ensures the attendance of the right stakeholders and staff. In Dallas County PW, we will normally facilitate our own Partnering meetings since we have the expertise and experience to accomplish this without hiring specialized consultants. Costs for a modest lunch will be shared 50%-50% between the county and the contractor. 5. The PM leads throughout the construction phase. The PM assures partnering principles and spirit of Partnering(Trust, Commitment, and Shared Vision) are maintained throughout the project construction phase. The PM establishes a regular day and time each week for the weekly construction meeting in the field. The PM assures constant communication with customers and other project stakeholders, including especially the people and businesses who are located along the road being improved or built. . This may include a construction oriented Public Information Neighborhood Meeting,as well as periodic project newsletters, notices of key construction events or phasing, progress postings on city web-sites,meeting with neighborhood interests (property owners, schools,churches, businesses, etc). We are interested in not only achieving a high quality end-product,but also in delivering the project in a user-friendly manner. This is all part of total Context Sensitive Solutions project delivery. STEP TWO- PROJECT CLOSE OUT K I 1 -1 11 1 I 1 i 1 I 11 1 1 1 l•l 1 1 I 1 1 1 1 1 1 1 I 1 + I 1 1 1 ) 1. The PM assures final estimate is paid to Contractor on a timely basis. The Contractor may have to be persuaded to close out the project,or the County may take unilateral action to close out, if it is in our best interests 2. The PM completes the final Evaluation on the Contractor, using interim evaluation results (if one was done),and performance during the entire contract period. The Contractor evaluates Dallas County Public Works (on a voluntary basis). 3. The PM assures that as-built plans are provided for the ultimate owner from marked-up construction plans. 4. PM works with the Public Works Program&Engineering Management Division (PEMD)to assure total project costs are finalized,a final PEFS is completed and Program Management is able to disencumber any remaining funds to be put back into the MCIP fund. 5. The PM assures city is invoiced for their remaining portion of the total project costs. 6. The PM formally turns the project over to the City by letter citing the date of return to City for maintenance. 7. PM plans an ARR to capture lessons learned and celebrate project completion with all involved in project delivery from design to construction completion. 8. PM conducts one year Maintenance Bond Inspection in conjunction with all applicable stakeholders, assuring all corrections,repairs, etc are completed. 9. The PM completes closes out the project including conduction an After Action Review to assure lessons learned are shared within the Dept and city. Dallas County Project Delivery Team's 11 Essential Elements of Utility Partnering 1. Know the utilities' customers and remember that we have the same customers. 2. Make utilities move only if absolutely necessary to achieve the project purpose. 3. Move only once if the move is, in fact, essential. 4. Get involved with actual field reconnaissance early. Include and engage Project Representatives or Constructibility personnel very early. 5. Get the acquiring agency's Right of Way personnel involved early. 6. Schedule initial Utility Partnering Conference early. Make partnering the theme and the first topic.Do it on the jobsite to increase the effectiveness. 7. Involve and Invite Utility representatives to Neighborhood or Public Meetings. 8. Distribute roadway plans early to get started with the utility planning. 9. Coordinate with all utilities to ensure that one has no negative impact on another. Coordination should ensure that enough right of way is acquired to accommodate all of the facilities. 10. When plans are changed, get them to utility companies promptly. Provide a list of changes for our partners. 1 I. Communicate with utilities frequently to ensure knowledge of changing personnel and appropriate contact person. 12. Review utility company's plans,comment on plans and implement the coordination long before fieldwork needs to begin. 13. Do not begin implementing a project schedule without total feedback from all companies. 14. Identify the precise sequence of relocations that need to occur. Many companies are predecessors of other companies' relocations. Communicate this sequence to all utilities and other stakeholders. Ensure that the sequence is streamlined as much as possible. 15. One way of ensuring the streamlining of the sequence is web-based notification when each company is complete or is scheduled to be complete. Scheduling is as important as the sequence. 16. Consider that seasonal shutdown restrictions will have significant and adverse schedule impacts,sometimes up to one year. Also consider that certain times of day are restricted from utility relocation.In addition,develop procedures for emergency situations and learn the appropriate "windows of opportunity"for change-overs,etc. 17. Share accurate information with all companies&see that they share information with each other. 18. Communicate the need to follow City Ordinances, particularly those relating to traffic control, backfill and pavement restoration. Traffic control plan must be filed and approved. 19.Insure that the companies have measures for handling complaints about their work and that they do not inconvenience our mutual customers more than is absolutely essential. Remember, 0 R R !! GUIDELINES FOR ASSURING SMOOTH RELATIONSHIPS BETWEEN LOCAL GOVERNMENTS AND UPRR • Start Early Coordination—Set up a meeting with UPRR local representative Steve Marchenke to share project selection lists,to ascertain projects with UPRR impacts. Then on impacted projects,share preliminary designs, invite UPRR to early meetings, such as stakeholder preliminary design charrettes, public workshops, etc. • Work out precisely the location of railroad project impacts,before contacting UPRR. This speeds the coordination process greatly. Use MAPSCO Iocation, subdivision, and RR Mile Post where ever possible • Use the UPRR.com website for a wealth of information, maps, etc. This can save time in answering questions and can provide much information about UPRR, including points of contact,e-mail and telephone information, instructions, applications, specifications, DOT crossing information, permit requirements,ROW agreements,etc. Very, very valuable. Our in-house or consultant designers need to explore this web-site before Iaunching road design whenever there is going to be a RR crossing.Procedures and responsibilities are clearly laid out, as are design guidelines and specifications. Avoid nasty surprises that can impact project costs if not budgeted. • Expect the UPRR owned ROW to contain many other utilities (telecommunications,power, pipelines, etc), that you will have to pay to relocate. These are private easements the utilities have paid for and the project will have to bear the costs of relocation. UPRR is a good source of information on the potential conflicts that you will encounter. Budgeting accurately for these costs will avoid nasty surprises later. • Do not even think about changing Exhibit B of the standard agreement. UPRR has agreements to work out in 23 states, and their lawyers are very vigilant to watch for precedents that might bind UP elsewhere. Work on win-wins in the body of the agreement. • Avoid adversarial actions and relationships,instead try the partnering approach. UPRR will respond in-kind.They desire to maintain integrity in relations with all their communities. Do not presume upon them (e.g., impossible responses on coordination that you failed to start timely, making demands they cannot meet, presuming the worst). • Look for ways to forge win-wins,for UPRR and the local community. Understand that USDOT has a policy since 1992 to reduce at-grade RR crossings by 25%. This puts tremendous pressure on RR's to accomplish this goal. Does your community have a number of little-used crossings? Explore ways to eliminate them and UPRR can do much to meet the needs of your current project. • When appropriate,have our attorneys communicate directly with UPRR attorneys. The key is to have worked out all the coordination we can before that, using the information, contacts and principles described in these guidelines. Then,the Project Manager should stay involved to assure that going down"legal rabbit trails"is avoided whenever possible. If we follow the spirit of win-win,then both sides will have better results, even if our attorneys are involved, as they have to be. • When you're in doubt and have searched all the readily available information, call Steve Marchenke, Ken Rouse,or UPRR Real Estate division in Omaha. Even though they have large territories to cover,they are never too busy to help you proactively solve a problem and forge a win-win. If you have a"folder number," this will save them much time in looking up the project file information. : t Wylie City Council zi .T �. ,, AGENDA REPORT •is I - s7•aTF ak 7iTM'4 Meeting Date: October 8,2013 Item Number: W1 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: September 30,2013 Budgeted Amount: N/A Exhibits: Display Subject Hold a work session to discuss the alley located east of Birmingham Elementary and north of West Brown Street. Recommendation N/A Discussion The reconstruction of West Brown Street is nearing completion. The intersection of the alley located between Birmingham Elementary School and Premiere Learning Center is at a lower elevation than the newly reconstructed roadway. As a result, the storm water from the alley cannot enter the street and the storm sewer system. There are three options available to correct the drainage issue: 1. Rebuild the alley to a higher elevation 2. Install a storm sewer system to intercept the storm water 3. Remove the alley paving and re-grade the area Page 1 of 1