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12-10-2013 (City Council) Agenda Packet Wylie City Council CI TYO ' WY NOTICE OF MEETING Regular Meeting Agenda December 10, 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 PRESENTATIONS • Texas Recreation and Park Society-Communication Award Presentation (R. Diaz, Superintendent) 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. December 10,2013 Wylie City Council Regular Meeting Agenda Page 2 of 3 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 November 12, 2013 Regular Meeting and the November 21, 2013 Special Called 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 October 31,2013. (L. Bantz, Finance Director) C. Consider and place on file, the City of Wylie Monthly Investment Report for October 31, 2013. (L. Bantz, Finance Director) D. Consider and place on file, the WEDC Financial Report for October 31, 2013. (S. Satterwhite, WEDC Executive Director) E. Consider and act upon, Ordinance No. 2013-46, amending Ordinance No. 2013-04 (Comprehensive Fee Ordinance) and Section XII (Municipal Court Fees) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances. (L. Davis, Court Supervisor) F. Consider and act upon,the approval of the purchase of a 14 passenger bus from Alliance Bus Group Inc. in an estimated amount of$73,046.00 through a cooperative purchasing contract with the HGAC Agreement #BT01-11, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) G. Consider and act upon, approval of Resolution No. 2013-28(R) the City Manager of the City of Wylie, Texas, to execute the agreement between the City of Wylie and McCarthy Partners for Right Of Way acquisition services for the reconstruction of Country Club Road from South Parker Road to North Parker Road. (C. Hoisted, City Engineer) H. Consider and act upon, approval of Resolution 2013-29(R) of the City Council of the City of Wylie, Texas, hereby authorizing the City Manager of the City of Wylie, Texas, to enter into an interlocal cooperative purchasing agreement between the City of Rowlett and the City of Wylie for the use of the City of Rowlett's contracts. (G. Hayes, Purchasing Agent) I. Consider and act upon, Resolution No. 2013-30-(R) of the City Council of the City of Wylie, Texas, to adopt the use of electronically submitted purchasing bids or proposals in accordance with Texas Local Government Code 252.0415. (G. Hayes, Purchasing Agent) REGULAR AGENDA 1. Consider, and act upon, Ordinance No. 2013-47 amending Ordinance No. 2013-35 (2013- 2014 Budget) for the purpose of distributing funds that were previously budgeted for salary changes to the proper departments and accounts; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (L. Bantz, Finance Director) December 10,2013 Wylie City Council Regular Meeting Agenda Page 3 of 3 Executive Summary During a Work Session on November 21, 2013, the City Council heard a presentation from Waters Consulting regarding the compensation study they performed for the City. After discussion the Council directed staff to proceed with allocating funds that were previously set aside for employee salary adjustments in the 2013-2014 budget to implement the recommendations made by the consultant to the fullest extent possible. This is now being brought back for Council consideration in the form of an ordinance amending the 2013-2014 Budget Ordinance as they requested. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. WORK SESSION • Discussion regarding funding for the Wylie Jubilee Bluegrass on Ballard scheduled for July 5, 2014. (C. Kelly, Public Information Officer) • Discussion regarding the possibility of implementing a Juvenile Case Manager position. (L. Bantz, Finance Director) RECONVENE INTO REGULAR SESSION ADJOURNMENT In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. CERTIFICATION I certify that this Notice of Meeting was posted on this 6''' day of December, 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 7 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, November 12, 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 tem Rick White, Councilwoman Diane Culver, Councilman Keith Stephens, Councilman Bennie Jones, Councilman Todd Wintters, and Councilman Nathan Scott. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae 011ie; Finance Director, Linda Bantz; Library Director, Rachel Orozco; Human Resources Manager, Lynn Fagerstrom; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Retired Pastor Al Draper of the First Baptist Church of Wylie gave the invocation and Battalion Chief Brent Parker led the Pledge of Allegiance. PRESENTATIONS • Presentation of the 1st- 9 Weeks Wylie Way Students Mayor Hogue and Mayor pro tem White presented medallions to students recognized as "Shining the Wylie Way." The new WISD program emphasizes values in five categories: relationships, essentials of behavior, preparing for prosperity with college/career, caring-giving-service learning, and celebrating. Each nine weeks one student from each campus is chosen for this honor. • Recognition of employees celebrating milestone years of service to the City of Wylie. Mayor Hogue and City Manager Manson honored employees celebrating milestone years of service to the City of Wylie. They included: • Fire Captain, Katy Willoughby, Fire Captain — 15 years • Sergeant, David LaRocca — 15 years Minutes November 12, 2013 Wylie City Council Page 1 • Sergeant, Donna Valdepena — 10 years • Library Supervisor, Donna Shirley— 10 years • Payroll Technician, Linda Seumalo— 10 years • Firefighter/Paramedic, Travis Araujo— 10 years • Utility Billing Supervisor, Dixie Dewey— 10 years • Proclamation - Declaring November 13, 2013 as Arbor Day in the City of Wylie (R. Diaz, Parks &Rec Superintendent) Parks and Recreation Superintendent, Rob Diaz, and Parks Manager, Shohn Rogers, presented council with a live red oak tree to be planted at the Municipal Complex in honor of Arbor Day. Mayor Hogue read a proclamation declaring November 13, 2013 as Arbor Day 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. Bobby Heath, representing the Wylie Downtown Merchants Association, addressed council thanking them for their support of"Boo on Ballard" which contributed to another outstanding Wylie event. Pastor Kris Segrest, representing the First Baptist Church of Wylie, addressed council stating his concerns with regard to "Head Shops" and their perception of public appearance. 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 October 22, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2013-42 amending Ordinance No. 2013-35 (2013-2014 Budget) for the purpose of administering an Interlocal Agreement between The City of Wylie, Texas and the Town of Fairview for dispatch services authorized by Resolution No. 2013-21(R). (R. Corbin, Fire Chief) C. Consider, and act upon, Ordinance No. 2013-44 amending Chapter 22, Article XI, providing for a penalty for the violation of this ordinance. (R. 011ie, Planning Director) D. Consider, and act upon, approval of a Final Plat for Hensley Addition, Block A, Lots 1 & 2, consisting of 5.386 acres to establish two single family residential lots within Wylie's ETJ, generally located south of far eastern SH 78 and immediately south of Oak Road located in the City of Wylie's ETJ. (R. 011ie, Planning Director) E. Consider, and act upon, Ordinance No. 2013-43, amending zoning Ordinance 2001-48, Minutes November 12, 2013 Wylie City Council Page 2 Article 4 (Nonresidential Standards), Article 5 (Use Regulations), Article 6 (Special Purpose and Overlay Districts) and Article 7 (General Development Regulations), related to parking requirements; and Article 3 (Residential Development Regulations) and Article 6 (Special Purpose and Overlay District), relating to fencing. (R. 011ie, Planning Director) F. Consider, and act upon, the award of bid #W2014-9-B for the purchase of seven (7) vehicles from Reliable Chevrolet in the amount of $171,528.00 and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) G. Consider, and act upon, the approval of the purchase of a Bobcat E26-T4 Compact Excavator and a Bobcat T590 Compact Track Loader in a total estimated amount of $64,328.94 from Bobcat of Dallas; through a cooperative purchasing contract with the Texas Association of School Boards Buy Board Agreement # 424-13, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) H. Consider, and act upon, the purchase of an International 7500 Dump Truck from Southwest International Trucks in an estimated amount of $110,560.00 through a cooperative purchasing contract with the Texas Association of School Boards (TASB) Buy Board Agreement #358-10, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) I. Consider, and act upon,the purchase of vehicle video and wireless microphone systems for the Police Department in an estimated amount of$53,271.00 through a cooperative purchasing contract with the Houston Galveston Area Council (HGAC) #EF04-13, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) Council Action A motion was made by Mayor pro tern White, seconded by Councilwoman Culver to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA PUBLIC HEARING 1. Hold a Public Hearing and consider, and act upon, approval of a Replat for American National Bank, No. 2 Addition, Block A, Lot 1B-R; generally located west of Westgate Way and approximately 240 feet north of F.M. 544. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the property totals 0.432 acre and the purpose for the re-plat is to establish the necessary access and utility easements to accommodate the development of a general office facility on the property. Minutes November 12, 2013 Wylie City Council Page 3 The re-plat complies with all applicable technical requirements of the City of Wylie and is recommended for approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. A Site Plan, Elevations, and Landscape Plan were approved by the Commission at its October 15th meeting. The Planning and Zoning Commission voted 4-0 to recommend approval subject to additions and alterations to engineering plans as required by the City Engineer. Public Hearing Mayor Hogue opened the public hearing on Item #1 at 6:45 p.m. asking anyone present wishing to address council to come forward. No one was present wishing to address council during this public hearing. Mayor Hogue closed the public hearing at 6:45 p.m. Council Action A motion was made by Councilwoman Culver, seconded by Mayor pro tem White to approve the Re-plat for American National Bank, No. 2 Addition, Block A, Lot 1 B-R; generally located west of Westgate Way and approximately 240 feet north of F.M. 544. A vote was taken and the motion passed 7-0. 2. Hold a Public Hearing, and consider, and act upon, approval of a Replat of Keller's First Addition, reconfiguring 6 lots to create two lots. Subject property being generally located at the southwest corner of Ballard Avenue and Calloway Street. (R. 011ie, Planning Director) Executive Summary Planning Director 011ie addressed council stating that the current owner desires to consolidate the six (6) lots into two (2)for future development opportunities. 011ie explained the re-plat complies with all applicable technical requirements of the City of Wylie. The Planning and Zoning Commission voted 4-0 to recommend approval subject to additions and alterations to engineering plans as required by the City Engineering. Public Hearing Mayor Hogue opened the public hearing on Item #2 at 6:48 p.m. asking anyone present wishing to address council to come forward. No one was present wishing to address council during this public hearing. Mayor Hogue closed the public hearing at 6:48 p.m. Council Action A motion was made by Councilwoman Culver, seconded by Mayor pro tem White to approve a re- plat of Keller's First Addition, reconfiguring 6 lots to create two lots. Subject property being generally located at the southwest corner of Ballard Avenue and Calloway Street. A vote was taken and the motion passed 7-0. Minutes November 12, 2013 Wylie City Council Page 4 3. Hold a Public Hearing, and consider, and act upon, approval of a Replat for Lake Trail of Bozeman Farm, Lots 1 and 2, Block E, establishing 5 single family residential lots and two open space lots on 1.907 acres, generally located on the northeast corner of Collins Boulevard and F.M. 544. (R. 011ie, Planning Director) Executive Summary Planning Director 011ie addressed council stating that the purpose of the plat is to reconfigure two lots to establish five single-family residential and two open space lots on 1.907 acres of property, zoned PD 2013- 40 adopted by City Council on October 22, 2013. Public Hearing Mayor Hogue opened the public hearing on Item #3 at 6:53 p.m. asking anyone present wishing to address council to come forward. No one was present wishing to address council during this public hearing. Mayor Hogue closed the public hearing at 6:53 p.m. Council Action A motion was made by Councilman Wintters, seconded by Councilwoman Culver to approve a re- plat for Lake Trail of Bozeman Farm, Lots 1 and 2, Block E, establishing 5 single family residential lots and two open space lots on 1.907 acres, generally located on the northeast corner of Collins Boulevard and F.M. 544. A vote was taken and the motion passed 7-0. 4. Hold a public hearing and consider, and act upon, approving and continuing the current Curfew Ordinance No. 2005-08. (J. Duscio, Police Chief) Staff Comments Sergeant Anthony Henderson addressed council stating that the current Curfew Ordinance No. 2005-08 requires a Public Hearing/Review every three years in order to abolish, modify, or continue the ordinance. Sergeant Henderson explained that the ordinance gives officers a tool to reduce juvenile crime by specifying times and locations where unsupervised juveniles under the age of 17 can be. Statistics have shown that when unsupervised juveniles gather late at night they are at a higher risk of becoming a victim of crime or becoming involved in criminal activity. In 2012 Wylie officers issued 30 citations for curfew violations. From January 1, 2013 to the date this report was completed, October 15, 2013, officers have issued 22 curfew citations. Councilwoman Culver asked Sergeant Henderson if the ordinance affected youth when accompanied by a parent. Sergeant Henderson replied it did not, only unsupervised juveniles. Public Hearing Mayor Hogue opened the public hearing on Item #4, Curfew Ordinance No. 2005-08 at 6:58 p.m. asking anyone present wishing to address council to come forward. No one was present wishing to address council during this public hearing. Mayor Hogue closed the public hearing at 6:59 p.m. Minutes November 12, 2013 Wylie City Council Page 5 Council Action A motion was made by Councilman Scott, seconded by Councilman Jones to approve and continue the current Curfew Ordinance No. 2005-08. A vote was taken and the motion passed 7- 0. 5. Consider, and act upon, Resolution No. 2013-26(R) casting votes for a candidate(s) to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2014. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed council stating that the Collin Central Appraisal District has requested the City of Wylie cast their 60 votes for a candidate(s)to serve a two year term on the CCAD. Ehrlich explained the 60 votes could be cast for one candidate or multiple candidates. There are currently five expiring two year terms beginning in January of 2014 to fill. Votes must be received by the Chief Appraiser, Bo Daffin, by December 15, 2013. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Stephens to approve Resolution No. 2013-26(R) casting all 60 votes for Wayne Mayo. A vote was taken and the motion passed 7-0. 6. Consider, and act upon, Resolution No. 2013-27(R) casting a vote for a candidate to the Board of Directors of the Dallas Central Appraisal District for a two year term beginning January 1, 2014. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed council stating that the Property Tax Code requires that the Chief Appraiser conduct an election for the purpose of selecting representatives to the Board of Directors of the Dallas Central Appraisal District every two years. Dallas Central Appraisal District has requested the City of Wylie cast their one vote as a suburban city for a candidate to serve a two year term on the DCAD. Ehrlich explained the City of Dallas, Dallas ISD, and Dallas County each have one vote for a candidate of their choice. Additionally the remainder of suburban cities and suburban ISDs within the district may cast one vote for the candidate of their choice with the candidate for each suburban entity receiving the majority of votes being appointed to serve those two positions. Votes must be received by the Chief Appraiser, W. Kenneth Nolen, by December 15, 2013. Council Action A motion was made by Councilman White, seconded by Councilman Wintters to approve Resolution No. 2013-27(R) casting one vote for Michael Hurtt. A vote was taken and the motion passed 7-0. 7. Consider, and act upon, Ordinance No. 2013-45 of the City of Wylie, Texas, Repealing Ordinance No. 71-8 and Ordinance No. 85-49; Amending Ordinance No. 92-1 and Minutes November 12, 2013 Wylie City Council Page 6 Section 10-22 (Exceptions) of Article II (Possession and Consumption in Public Places), Chapter 10 (Alcoholic Beverages) of Part II of the City of Wylie Code of Ordinances. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that at the October 22, 2013 City Council work session a representative of the Public Arts Advisory board gave an overview of a new JazzArts Fest to be held in May of 2014. During that discussion it was recommended by the PAAB that wine be sold at the event. Staff was directed by council to research and bring back to council a proposed amendment to Ordinance No. 92-1 allowing for the sale (for consumption on premises), possession and/or consumption of beer and/or wine, as those terms are defined by the TABC, for special events approved by the City Council. Manson noted that the ordinance presented would allow wine/beer only and would be on a case by case basis specifically approved by council. It is established for city owned property only and that a third party vendor will enter into an agreement with the City to provide all permits and licenses held by the City and state; indemnity and hold harmless the City and name the City as an additional insured. Councilwoman Culver asked Manson if this ordinance was for City owned property only and would not affect the downtown area or other commercial areas. Manson replied that was correct. Public Comments Dennis and Becky Keck, 1902 Clear Water St.Wylie; Pastor A. L Draper(Retired), and Pastor Kris Segrest, representing the First Baptist Church, spoke against the passage of Ordinance No. 2013-45. Council Discussion Councilwoman Culver stated that since she has served on council she has seen the need for events that do not cause a financial strain on the City and are successful. She stated that in order to do this the City needed to compete with other cities in the metroplex. The events in the metroplex that have become wildly successful do sell beer and wine. She noted that the planned May event would be featuring a local City winery which could bring dollars to the City that would stay in the City. Councilman Stephens stated that he was against the ordinance as it brings a change in character to the community and potential for liability. Councilman Jones stated that he had thought long and hard about the ordinance and felt it would open up doors to liability. Councilman Wintters stated that he agreed, but he also felt the City didn't need to compete with the metroplex but needed to be their own community and felt it was the wrong thing and was not Wylie. Mayor Hogue stated that he did not support alcohol in Wylie and the City had successful events. Council Action A motion was made by Councilman Wintters, seconded by Councilman Jones to deny Ordinance No. 2013-45 repealing Ordinance No. 71-8 and Ordinance No. 85-49; Amending Ordinance No. 92-1 and Section 10-22 (Exceptions) of Article II (Possession and Consumption In Public Places), Chapter 10 (Alcoholic Beverages) of Part II of the City of Wylie Code of Ordinances. A vote was taken and Ordinance No. 2013-45 was denied 5-2 with Mayor Hogue, Councilman Wintters, Councilman Jones, Councilman Scott and Councilman Stephens voting for denial and Mayor pro tem White and Councilwoman Culver voting against denial. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. Minutes November 12, 2013 Wylie City Council Page 7 City Secretary Ehrlich read the captions to Ordinance No.'s 2013-42, 2013-43, and 2013-44 into the official record. WORK SESSION • Discuss the development of the KCS intermodal facility generally located at the north east corner of Spring Creek and SH 78. (C. Holsted, City Engineer) Warren K. Erdman, Executive Vice President of Kansas City Southern Railway Company, addressed council and provided a presentation on the proposed Wylie Intermodal Facility to be located off North State Highway 78. The facility would facilitate truck to rail commodities. Cost of the two phase construction is projected at $55 million. Erdman explained some of the issues and resolutions KCS had provided with regard to traffic at the new entrance by determining additional traffic flow with only a 3% increase projected for traffic flow. He presented directional lighting for the facility that would provide light only in the immediate area of the facility and buffer zones for noise control. A proposed construction schedule was also reviewed by the council. Councilman Wintters asked Mr. Erdman what the implications were for tax benefits by constructing this facility. Mr. Erdman noted that he was not familiar with the tax benefit base specifically but knew that KCS had a unitary tax basis and property taxes were taxed through the state and flowed down to the counties. Councilman Wintters asked if there would be tax levied on the containers stored at the facility. Erdman replied interstate commerce would not be taxed. Mayor Hogue asked if the property tax on the facility would have any benefit to the City. Erdman replied that he was not sure but would have an opinion letter sent from the KCS tax office to advise the council. • The Waters Consulting Group, Inc. presentation of the salary survey, and compensation results and recommendations. (J. Butters, Asst. City Manager) Linda Wishard, Director and Senior Consultant of The Waters Consulting Group, Inc., addressed council presenting the 2013 Salary Survey. Wishard reported on the key deliverables of the study which included job analysis and classification, job evaluation, compensation survey, market comparisons, and the development of a new classification/compensation plans. Principles in the philosophy of the study included: consideration of the competitiveness with other employment markets, employee compensation equality with city resources and requirements, and support of employees in their efforts to reach their highest potential. The plan also addresses internal equity within job classifications. Wishard explained that within the plan there were three categories: sworn classifications, exempt/non-exempt positions, and executive positions. Ranges for combined exempt/non- exempt positions were below market in pay range at midpoint by 4.7% and salary range by 5.9%. Executive positions were below market in pay range by 8.6% and salaries by 6.7%. The methodology for sworn (Police/Fire) position would be provided by using market average ranges to develop a proposed structure with each individual rank minimums adjusted to market average minimums and using market spread for each rank. The pay structure is designed for current steps within each range with 2.5% between steps. Incumbents were placed on the nearest step based on years of service per client request. Minutes November 12, 2013 Wylie City Council Page 8 Wishard stated that the WCG recommendations adopted four proposed pay structures at 100% market average. Adjustments to incumbent pay for exempt and non-exempt employees would include a new range minimum and an adjustment of 2.5% as the new range minimum for each full year of service. The adjustments would affect 113 employees. Sworn incumbents (fixed hourly rates for PT firefighters at client request) would affect 86 employees with a total cost of $914,010.52. Wishard explained that management had requested another structure that would include a compa-ratio to the current structure for exempt/non-exempt employees which would affect 180 employees, an adjustment to market for executive positions, and adjustment to current step for sworn incumbents at a total cost of $1,198,108.79. Assistant City Manager Butters stated that this structure could be implemented over two years and was a more comprehensive plan for employees overall. Direction from council was to provide additional information and have a special called meeting in November to further review the plan. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 9:09 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Scott, seconded by Councilman Jones to adjourn the meeting at 9:10 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes November 12, 2013 Wylie City Council Page 9 Wylie City Council CITY OF WYLIE Minutes Special Called Meeting Agenda November 21, 2013 — 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. with the following City Council members present: Mayor pro tem Rick White, Councilwoman Diane Culver, Councilman Keith Stephens, Councilman Bennie Jones, Councilman Todd Wintters, and Councilman Nathan Scott. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; Police Chief John Duscio; Finance Director, Linda Bantz; Library Director, Rachel Orozco; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation and Patrol Sergeant Donna Valdepena led the Pledge of Allegiance. WORK SESSION • Discussion regarding the Waters Consulting Group, Inc. salary survey, compensation results and recommendations. (J. Butters, Asst. City Manager) Linda Wishard, Director and Senior Consultant of The Waters Consulting Group, Inc., addressed council stating that it was her goal in the work session provided to give council some comfort in the validity and credibility of the process used to provide the 2013 Compensation Study. Wishard reported on the key deliverables and explained the processes used to provide a comprehensive study which included job analysis and classification, job evaluation to determine internal equity, benchmark organizations to compare with the compensation survey which included formal education, experience, management supervision, interpersonal skills, freedom to act, technical skill, working conditions and fiscal responsibility. Base pay and structure analysis was completed and aged to 3% of the effective date of implementation and average range minimums were used Minutes November 21, 2013 Wylie City Council Page 1 for sworn positions. Wishard used an example of survey job 102, Administrative Assistant, to show the amount of data used in comparing salaries both in the private sector and public sector. She explained that with sworn positions, the use of market average ranges was developed and each individual rank adjusted to market average minimums; with the use market spread for each rank. The plan is designed for current steps within each range (2.5% between steps) and placing incumbents on the nearest step based on years of service per client request. Wishard reported that the City was below market by 6.2% within the private sector and 4.9% within the public section with an overall below market average of 5.9%. Wishard stated that Waters was proposing a plan that would adopt four proposed pay structures at 100% market average with an estimated cost of $914,010.52. This plan would affect 86 sworn officers, and approximately 113 non-sworn employees. Wishard explained that discussion lead by city management regarding the methodology for compa-ratio adjustment versus time in position was determined to be a more equitable way to recommend the plan. Compa-ratio for non-sworn positions places each employee in the same place within the new plan (with adjusted salary information) as they were in the current plan. A one year implementation of this plan had a cost of $1,198,108.79 and affected 86 sworn officers and 188 non-sworn employees. A second proposal for this plan was presented taking the implementation over 2 years at a cost of $629,007.12 the first year and $669,925.71 the second year. Sworn positions will receive a 2.5% step each year. Mayor Hogue asked if the plan would compensate employees that had been here for many years versus new hires. Wishard replied yes and showed an example of a crossing guard with 20 years' experience based on the compa-ratio. Mayor Hogue asked Assistant City Manager Butters if this plan with the compa-ratio gave the city a plan that could be built on, in years to come to stay within market. ACM Butters replied yes this plan will allow the City to move forward in the range and allow the City to stay competitive. Linda Wishard suggested looking to re-evaluate the market in the third to fourth year of the plan to continue to stay at 100% market. Councilwoman Culver asked City Manager Manson what funds were available currently to be used for the implementation of the plan. Manson reported there had been approximately $950,000 designated in the general fund with separate funds set aside in the utility fund and 4B fund for the compensation study. This amount did include a new marketing position per council direction at around $100,000. Manson reported the City could provide more than the projected 70% in year one, due to funds available. Direction from council was to bring back a budget amendment to include the compa-ratio over a two year plan and implement as much as possible this year for consideration by council. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 8:10 p.m. Minutes November 21, 2013 Wylie City Council Page 2 ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilwoman Culver to adjourn the meeting at 8:10 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes November 21, 2013 Wylie City Council Page 3 ` Wylie City Council AGENDA REPORT issa .Y7Ni�dw Y'f%A� Meeting Date: December 10, 2013 Item Number: B Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: November 25, 2013 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2013.. Recommendation Motion to approve and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2013. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 ��U�-^� �� CITY� ��^ vv / x-^�- MomT*c(nwAmowLnEpoRT ouu,uo,m0,2013 xmmuAL CURRENT YTD ACTUAL aen" ~=m BUDGET MONTH ACTUAL YTo4oTuAL Aa4PERCENT 8.33Y6 ACCOUNT DESCRIPTION 2013-2014 2013-2014 2013-2014 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 18.824.538 200.037 200.037 1.08% A FRANCHISE FEES 2.383.500 O O 0.00% B LICENSES AND PERMITS 506.000 55.239 55.238 8.70% INTERGOVERNMENTAL REV. 718.277 08.581 68.591 8.68% SERVICE FEES 2.880.180 28.079 28.079 0.98% C FINES AND FORFEITURES 297.000 18.478 18.478 0.22% INTEREST INCOME 15.000 302 302 2.01% D MISCELLANEOUS INCOME 200.500 4.188 4.180 1.60% OTHER FINANCING SOURCES 1.794.098 1.789.098 1.788.098 8972% E REVENUES 27.85e.0e3 2.172.604 2.172.604 7.80Y6 USE OF FUND BALANCE 1.407.800 NA NA wx r USE OF ROLLOVER FUNDS FOR PSe 55.100 NA NA wx TOTAL REvEmusa 2e.378.ee3 NA NA mx GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 90.811 11.844 11.844 13.04% G CITY MANAGER 704.300 31.008 31.008 4.50% CITY SECRETARY 258.884 8.907 9.907 3.83% CITY ATTORNEY 148.000 8 8 080y6 FINANCE 850.325 32.361 32.301 3.41% FACILITIES 574.501 45.592 45.592 7.94y6 MUNICIPAL COURT 201.222 11.950 11.956 4.58y6 HUMAN RESOURCES 212.527 8.211 9.211 4.33% PURCHASING 83.056 3.723 3.723 4.00% INFORMATION TECHNOLOGY 1.024.918 47.395 47.395 4.02% POLICE 6.458.415 007.347 007.347 9.48% H FIRE 5.835.609 300.334 300.334 5.15% EMERGENCY COMMUNICATIONS 1.110.838 01.320 01.320 5.48% ANIMAL CONTROL 308.282 19.755 18.755 5.30% PLANNING 470.331 20.319 20.319 427% BUILDING INSPECTION 509.150 25.237 25.237 4.90% CODE ENFORCEMENT 240.513 7.888 7.868 327% STREETS 1.852.438 107.959 107.959 8.07% H PARKS 1.843.032 148.722 148.722 8.07% LIBRARY 1.505.400 101.980 101.960 8.77% COMBINED SERVICES 4.854.435 047.421 047.421 13.34% H TOTAL EXPENDITURES 2e.378.ee3 2.311.e01 2.311.901 7.87Y6 REVENUES ovEmxumoEn)EXPENDITURES o -139.2e7 -139.2e7 -0.07% x. Property Tax Collections for FY13'14anof October 31 are 1.30Y6. in comparison mFY12'13 for the same time period 178y6. B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Service Fees:Trash fees billed in October are applicable towards FY 2012-13 revenue with the remaining fees coming from other seasonal fees. D. Interest Income: In relation to the last 12 months the current interest is in line with projections. E.Other Financing Sources includes the annual transfer from the Utility Fund. F.Use of Fund Balance: For Replacement/New Fleet&Equipment and Transfer to Debt Service. G. Due to one-time expenditures including annual dues and subscriptions.This will level out throughout the fiscal year. H. Due to one-time expenditures including insurance,and purchase of new vehicles.These will level out throughout the fiscal year. CITY OF WYLIE MONTHLY FINANCIAL REPORT October 30,2013 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 8.33% ACCOUNT DESCRIPTION 2013-2014 2013-2014 2013-2014 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 13,783,000 -6,426 -6,426 -0.05% INTEREST INCOME 7,000 187 187 2.68% MISCELLANEOUS INCOME 42,000 3,908 3,908 9.31% OTHER FINANCING SOURCES 0 0 0 0.00% REVENUES 13,832,000 -2,330 -2,330 -0.02% USE OF FUND BALANCE 425,500 NA NA NA J TOTAL REVENUES 14,257,500 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 281,868 13,564 13,564 4.81% UTILITIES-WATER 1,740,138 172,216 172,216 9.90% K CITY ENGINEER 520,670 18,716 18,716 3.59% UTILITIES-SEWER 785,678 55,757 55,757 7.10% UTILITY BILLING 346,246 19,889 19,889 5.74% COMBINED SERVICES 10,552,336 2,438,806 2,438,806 23.11% L TOTAL EXPENDITURES 14,226,936 2,718,948 2,718,948 19.11% REVENUES OVER/(UNDER)EXPENDITURES 30,564 -2,721,278 -2,721,278 -19.13% I.Most Utility Fund Revenue billed in October is applicable to FY 2012-13. J.Use of Fund Balance: For Replacement/New Fleet&Equipment. K. Due to one-time expenditures including purchase of new vehicles. This will level out throughout the fiscal year. L.Due to annual transfer to the General Fund. This will level out throughout the fiscal year. ` Wylie City Council $: �004 . AGENDA REPORT issta .Y7Ni aw T,.%A, Meeting Date: December 10, 2013 Item Number: C Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: November 25, 2013 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for October 31, 2013. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for October 31, 2013. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 2013-2014 Investment Report October 31, 2013 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $14,523,764.43 MMA 0.0498% Texpool 12/31/2006 NA 2 $15,040,598.02 MMA 0.0434% TexStar 3/15/2011 NA $29,564,362.45 Total Weighted Average Coupon: 0.05% Money Markets: $29,564,362.45 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $29,564,362.45 OF Wylie City Council 4 a1r AGENDA REPORT -"1ss 5 Meeting Date: December 10, 2013 Item Number: D Department: WEDC (City Secretary's Use Only) Prepared By: Gerry Harris Account Code: Date Prepared: Budgeted Amount: Exhibits: 1 Subject Consider and act upon, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31,2013. Recommendation Motion to approve, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2013. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on November 15, 2013. Page 1 of 1 11-12-2013 10(50 AM CITY OF 14YLIE PAGE q 1: ALANC:E SHEET AS OF O TQPER 31ST, 2013 111-SST'S ECONOMIC BEVEL CORP AC00021Yt TITLE ASSETS 1004)-101 10 C AIN ON CASH AND T.I4SE F434„I'+V 1,'7`19,409.34 11GCd-1 01,1 A li MEC1C: 'NM ;D 11.03 1000.-1I1135 INW((D RANK - ESCROW 0,00 11)00-1111 CT C1110000'15 2,000.00 1000-101BP OTHER _ MIS CLEARING C1.00 1000-10341 TKEEC}0L 0.01 1000-10343 LOGIC C .OA 1000 10481 INTEREST RECEIVABLE, 0.00 1''10C1®1151'1 ACTS REC - MTSC.. A.0 100 -.1i5.13 ACCT"S REC: - SALES TAX 1413,783.17` 10(0--12010 LEASE PAYMENTS RECEIVABLE 5,597,961.01 1700-129 is f.OA)1 (AFCSIVASES 87,154.26 10094412997 AIIIITS EEC ,JTM TECH O.L10 1001-129 99 .ACCC~TS NIL SA,VAC)E 1130,,118.44 19)111-14112 INVENTORY - 211(TESIAL/ SOLELY 0.00 101I0-1411,11 INVENTORY LAND A BUILDINGS 2,824,298).,40 S 000-1 4 118 INVENTORY M,:LIAYCQ/ SANDED BLVD 0.00 1000-11310 PREPAID EXPENSES -,'MISC; 0.09 1000-14410 DEFERRED CHARGES 519,554.00 I14184,(176.65 TOTitl. ASSETS 11,154, 28.A5 LIRRILxITIES 2000-20110 FEDERAL IM{`ORP TAN' PAYABLE 0.00' 2010-20111 MELIIC.ARE PAYABLE 0.00 2047(821112 CHILD SUPP4,RT PAYABSS 11.{1LA 200A-21111.7 CREDIT 14NOON PAPAS,LS 0.0,0 21100--20114 1RS 'LEVY PAYABLE 0.00 2000-2Ci115 HAFT NG De DEFERRED CLN( 11.LC1 20114m2CL C ItSA TH INSUB PAY EMPLOYEE 193.411: 2 00-2C1117 TMRS PA)(''7`BSS 0,09 9000-2011S ROTH' IRA PA ABLE 0.0C 2000-2011 COMP PAYLStLC' A»Y1C1 2 00-20120 1'ICCA: PAYEAAD 0.1.5 2000.21 121 1°EC.;. P'AEANSS 0.C13 2000-E0122 STUDENT LOAN LEVY PAYABLE 04011 29100--20123 ALIMONY PAYAPLE 0.00; 2000 20124 BANKRUPTCY PAYABLE 0.11 2000-20129 V,,ALIC DEFERRED COMP 0.00 2°8C.1-2C112 IENBPAYABLE C1.00'; 20I90-20127 ENE.-YES AL CERVICES PAYABLE 0.00 2441110-701.30 FLEXIBLE SPENDING ACCOUNT. 5,099.5 2(19S-22132 ESP"TAPE ELITE .0C1 2u0 0-.2010a1 ACCRUED WAGES PAYABLE 11.00 2000421)1 0 AIDIT S(4E,QYEE ISSUE PAY. 0.00: 2010-20199 811S0 P.AYRCSLL PAYABLE 0.00` 20041-29201 AP PENDING 3,773.89 2000-20210 ACCOUNTS PAYABLE 12,073.11'7 11-.12-2 313 1050 MI CITY OF WYLIE PAGE 2 BALANCE SHEET AS OF: OCTOBER 31ST, 2013 I I 1-WYLIE ECONOMIC DEVEL CORP 0 UIUNTI1 TITLE 3232 —22,2_23-3-222-3:223-3-20.523—„,-.325 -33-52.2 2059-20530 PROPERTY TAXES PAYABLE 0 QO 2005-2054a NOTES PAYABLE 519,554.00 2000-20910 DUE TO GENERAL FUND 0.19 2E04-21270 DEFERRED REVENUE 198,850-50 2000-22236 DEFERRED REV - LEASE PP INCI DAL 5,387,527 079 2000-22280 DEFERRED REVENUE - LEASH INT 210,430.05 2000-22915 RENTAL DEPOst-rs 2,850300 TOTAL LIABILITIES 6,311,628.07 EQUITY 30002-34110 FUND BALANCE - RESERVED 441,944.04 3000-34090 FUND PALANGE-UNRESDRVAUNDES IG 4 507 367352 TOTAL BEGINNING EQUITY 4,945,331.56 TOTAL REVENUE 48,119 TOTAL EXPENSES 123,299 :REVENUE OPERA MINDER) EXPENSES I 75,180 98) TOTAL EQUITY & OVER/HINDER) 4,8E4,100.5B TOTAL TEAR EQUITY 6 OMERA(UNDER 12,184,779.66 11-12-2013 10;50 Am CITY OF WYLIE PAGE;. I BALANCE SHEET AS 0671 O TOBER 3100, 2013 922- >EN LNG TERM NEST (NUBS) ATE UNTO TITLE ASSETS 1000-18312 GOVERNMENT NOTES 0.80 1000-1 01 5 0 WARN &•dz;S1C 0.00 4000618120 LOAN -v BIRMINGHAM 0,00 1000-18210 AMOUNT TO SE PROVIDED 0.00 1000-18220 BIRMINGHAM LOAN 0,00 0.00 TOTAL ASSETS 0.00 LIAR/4ISTCE 2000-20110 COMPENSATED ABSENCES PAYABLE 0,06.I 1 2000-28I11 COMP ABSENCES PAYABLE-CURRENT 3S1,'27,00 2000.21410 ACCRUED INTEREST PAYrABLE 0.00 2.000-26205 WEDC LOAM - CURRENT q 60,500,11) 200) /8220 BIEMINGHAM1 LGAk; 0.00'. 2000-202 30 I NWC 00 LOAN 0.00 2000-28234 All LOAN - HANDPICK/RUCHES 485,080.32 2000-20215 AN'S LOAN 20111 70 .23 2000-20206 ANE CONSTRUCTION LOAN ; L1 ,3515.50 200 0-20240 HLS+.HES LOAN 0.00 2000-282RO CITY OF WYLIE LOAN 0.00 20 0 20860 PRIME HUTS LOAN 0.00 2000,..28270 ROWLAND/ANDERSON LOAN 0,00 2000-282 0 CAPITAL OWE C;AXAP) LORN 0.00 TOTAL ATA1?ILITIEE:. 3p 078 7 30.76 EQUITY. 30 00-3 4 6 90 BUN) BALANCE-UNNESESV/UNDENIG( 5a01334,2" .t0} TOTAL BEGINNING EQUITY' 6 6,114,022.16) TOTAL REVENUE 0.00 TOTAL EXPENSES { 80,031,44) REVENUE AVER/ UNDER) EXPENSES 55,001,43 TOTAL EQUITY k SaVE11/1UNS,1T'F) t 5,028,230,761 TOTAL LIABILITIES, ETS3£T°Y I DOES!(UNNER) 0,00: 11-14F2013 10:51 AM CITY OF 71FI,1E PAGE: 1 REVENUE :AND EXPENSE. EXPORT -- (UNAUDITED) A+ OP: OCTOBER 31 S1`) 20 1.3 111987YDTE E00RPM/I, DEVEL CORP FINANCIAL SUMMARY i'.LIART`11T CURRENT PRIOR YEAR YPT-L1.:: YaT-D 131I1 GE`;. 1 OE BUDGET PERIOD EEC? t"tCY tusT, ACTI1AI. ENCUMBRANCE BALANCE IS#3G2OET 0SV 131,10 SUMMARY TAXES 1,656,036.00 0.00. 6=06 7.66 0.60 1,956,0 36.16 1,€o 113"i0REST INCOME IP,45 .1111 3,773)57 0,00 3,713.51 1=00; 6,184.43 29.12 MISCELLANEOUS TNC.CIEIE 123)000,30. 10,260.06 0:x59C 10 250 00'. 6;66: 1..17p750.66 9,33. 13THER FINANCING SOURCES 1.116 34,1195,21 6 60 Al32._ t795.E1 C7 66 1 34 I395 'i) 2 11 PC1' TC1'1'A1, REVENGES 1,651,993.195 411,11 .7 11.011 49,118.75 I1'.66 1,943,034.22 C,42 EXPEND 7 TORE SUMMARY DEVELOPMENT CORP-WE � �1z �� op 1 �9 76 1,194;19 122,293.1E 15,430 13 31;037,681.09 4.32r � ; , . �.�. TOTAL EE.POMIlIPII1110.S; 3,6I1,411.00 123,299.751 1,194.19): 123,296.76 15,430.15 3 14 2,681,611 4,:1, REVENGE OVER/PONDER) EXPENDITURES 1 1,219,418.091 C 35,„110.681 1 i,1794.19) 1', 15)L86,,68) 1 P 5,430,15) 1 1,123,906,871 1.+13 I1-12.2013 70e51 AN CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED)'' AS 47I. t)t."TC711FR 319T, 2013 311-WY LTE ECONOMIC 11FVE1, CORE REVENUE CURRENT CURRENT PRIOR YEAR v1T-0: Y-T-D 90E0E( A OF BUDGET PERIOD 811 AC3,1W!,. ACTUAL, ENCUMBRANCE BALANCE BUDGET' I4NE4 4000_40150 REV IN LEL0 OF TAXES 0.00 0.00 0.00 0.00 0,00 0,00 0,00 4000-40210 SALES 8W 1,856 035.00 O.1.10 t3,11 ..._ C.00r .NT:JC( i.7856,035.003 L.90"k1 TOTAL FAXES 1..,956,035.00 0.,00 0..00 0.00. 0,00 1,856,035,00 0.00: 1NTEREET INCLIIE 4000-46050 CERTIFICATE DE 01/1/ JIT 0.00 0.00 0,00 C...C00 0,.00 0.00 0.001 4000-46110 ALLOCATED IN"1E35.1 LARNINC7, I,1 0.00 43.62 0.00 43.62 0.00 956.38 4.36 4000-4 614 0 '3EXROCU, INEEFE'T 0.00 0.00 a.D0> 0.09 0.00 9,00 0.00 9000-46)43 Toole INTEREST 0.00 0.00 0'.00 0.00 0 00 0.00 0,00 41 -46150 ;EN1zEREST EARNINGS )1,9583.00 3,099.24.. 0,00 3,099.24 0.011 0,1158.76 25.92 4000-41160 LoAN REPAYMENT (PRINCIPAL) 0.00 630011: 0:.00' .630.73, 0.00 t 630.711 0.00 41000-46210 BANN MONEY 111388ET SNTE ""ST 0.00 0.00 0:,00 0.00 1.T30 a'.L411 €?.0O TOTAL twrEEIEST 1#1C c31E 12,958.00 3,713.57 I 00 3, 7`r 3.57 0:;C111 9,1E9.93 29.12 MT SCSI L,rAN EOU 5 INCOME 40I10-4811.0 RENTAL INCOME 123,000,00 3,0,25 .0C3 O.00 10,250.00: 7,,00 173: 7ti0,£11 11..T:'I 4000-4831C1 RECOVERY - E"RTOR YEAR EX PEN 0,00 0.00 0 00 0.011 0.00 47.Ot# 0.0C3 4000-4 419 NISCEL«1ANEO[HS TNCO14E 0.00= 0.00' 0:00` 0,00 0 00 0,00 0,00 14000-48430 GAIN/LOSS L3ALE. of CAP "As SET 0.00 0.00 0.00 0.06 0:00 0,09 0.00 TOTAL 14T'C:EI,LANIEOU" INCOME 1230 000,00 10,250.00 0.00 10,250.00 0.00 112, 750.00 8.33 °TI+EII FINANCING 5011/CEE 4000-49160 TRANSFER FROM GENERAL FU11 0,00'' 0,00 0,00 0,00 0.00 0,00 0.00 4000-411326 BANK NOTE [ROCEE,'IS 0.00 0.00' 0 080 0.00 0'.00'; 0.00 0.00 1000-4 9550 ;LEASE PRINCIPAL PAYMENTS (0 0.01. 34,095,21 0,00 34,09.5.21, O';130 1 34,095'.21) 0.00 TOTAL: OTHER FINANt�INC SOURCES 0.00' 34,095.21 0,00 .34,00.5,21 0.00 4 :14,085.211 0,00 TOTAL RFVFNE FE 1E851,993.00 48,118,70 0.00 48,118."78 9.00 1.,943,814.22 2,42 Y 11-12-2013 1051 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: OCTOBER 31ST, 2013 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP REDO' DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 191,912.00 6,633.99 0.00 6,633.99 0.00 185,278.01 3.46 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 1,250.00 0,00 0.00 0.00 0.00 1,250.00 0.00 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0,00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 404.30 0.00 404,30 0.00 10,915.70 3.5/ 5611-51220 PHONE ALLOWANCE 3,924.00 981.00 0.00 981.00 0.00 2,943.00 25.00 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 26,906.00 924.83 0.00 924.83 0.00 25,981.17 3.44 5611-51410 HOSPITAL & LIFE INSURANCE 25,263.00 2,024.33 0.00 2,024.33 0.00 23,238.67 8.01 5611-51415 EXECUTIVE HEALTH PLAN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51420 LONG-TERM DISABILITY 1,094.00 0.00 0.00 0.00 0.00 1,094.00 0.00 5611-51440 FICA 12,676.00 412.36 0.00 412.36 0.00 12,263.64 3.25 5611-51450 MEDICARE 2,965.00 96.44 0.00 96.44 0.00 2,868.56 3.25 5611-51470 WORKERS COMP PREMIUM 512.00 0.00 0.00 0.00 491.64 20.36 96.02 5611-51480 UNEMPLOYMENT COMP (TWC) 630 00 0 00 0 00 0°00 0 00 630 00 0.00 TOTAL PERSONNEL SERVICES 278,452.00 11,477.25 0.00 11,477.25 491.64 266,483.11 4.30 SUPPLIES 5611-52010 OFFICE SUPPLIES 5,750.00 228.40 0.00 228.40 179.98 5,341.62 7,10 5611-52040 POSTAGE & FREIGHT 980.00 6.77 0.00 6.77 0.00 973.23 0,69 5611-52130 TOOLS/ EQUIP (NON-CAPITAL) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 5,000.00 0.00 0.00 0.00 89.22 4,910.78 1.78 5611-52990 OTHER 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0,00 _ 00 ,00_000_ TOTAL SUPPLIES 16,730.00 235.17 0.00 235.17 269.20 16,225.63 3.01 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0,00 0.00 0,00 C.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 5611-54990 OTHER 0.00 0.00 0,00 0.00 0,00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,276,239.00 0.00 0,00 0.00 0.00 1,276,239.00 0.00 5611-56040 SPECIAL SERVICES 99,940.00 8,071.00 0.00 8,071.00 8,773.72 83,095.28 16.85 5611-56080 ADVERTISING 43,474.00 3,265.00 0.00 3,265.00 1,855.00 38,354.00 11.78 5611-56090 COMMUNITY DEVELOPMENT 49,000.00 1,000.00 0.00 1,000.00 660.00 47,340.00 3.39 5611-56110 COMMUNICATIONS 4,410.00 317.34 0.00 317.34 379.56 3,713.10 15.80 5611-56180 RENTAL 24,600.00 3,894.00 0.00 3,894.00 194.00 20,512.00 16.62 5611-56210 TRAVEL & TRAINING 28,395.00 135.00 0,00 135.00 1,806.03 26,453.97 6.84 5611-56250 DUES & SUBSCRIPTIONS 9,288.00 2,940.00 0.00 2,940.00 0.00 6,348.00 31.65 5611-56310 INSURANCE 1,603.00 0.00 0.00 0.00 1.00 1,802.00 0.06 5611-56510 AUDIT & LEGAL SERVICES 22,888.00 0,00 0.00 0.00 0.00 22,888.00 0.00 5611-56570 ENGINEERING/ARCHITECTURAL 20,000.00 0.00 0,00 0.00 1,000.00 19,000.00 5.00 5611-56610 UTILITIES-ELECTRIC 3,000.00 0.00 0,00 0.09 _0000 . 0.00 3000.00 000 TOTAL CONTRACTUAL SERVICES 1,583,037.00 19,622.34 0.00 19,622.34 14,669.31 1,548,745.35 2.17 I lI--12-201 10:51 ANN CITY OF WYLIE PAGE: A REBER/IX.. AND EXPENSE NSE REPORT - (UNAUDITED) AS OF. OCTOBER 31 T, 2013 1I1-WYLIE ECONOMIC DEVER, CORP DEVELOPMENT, I'CaRP-NFP2 DEPARTMENTAL EXPENDITURES CURRENT R'LIRR1:NT PRIOR TEAR L-T-D T-"-LT BUDGET is OF At Dt'3E1° PERIOD FO AaT.3CL,T ACTUAL ENCUMBRANCE34I,Lbws, §4 DL3 ET prt ,1E111/I1.w4 4 t.113. PEpr.. S 1- i1T LII SF2t Lt:E a 2:9,892.00 913985.1.10 0.00 91,96 .47L3 0.00 187,229,¢33 35,91 593.4 43 11C1 DAD PEET EXPENSE 3.00 0.00 0.J13 9,C133 0.09 0,9 9 0.13t1 TOTAL DEBT SERVICE 4 LAP. 964P1a< 259,690.t78 9,1,965.00 0.00 81,965,00 0.00 161,.,127,09 35.91 ('Al II T A.L OUTLAY 61:1-59110 EARED BE Ra:e11SE PRE CR 1,001,0 0.00 0.00 0,0t1 0,00 1,00 1,0)0,030.00 0.00 56I1-58120 DEVELOPMENT FEES 3,80 0.00 C3.09 31.110 O.00, 0.00 0.90 5611-58150 L1N11®#E2TEANENI O.00 0.00 0.00 0.00 0.00 0.00 0.0 5611-592.10 STREETS 6 ALLEYS 603000.00 0.00 3.00 (Loot} 0,00 61},0C30.Cid3 C.00 5611-58419 SelNI TARE SEWER L1.00 0.13Z1 0,C10 0.C10 0,00 0,10 0,110 5611-581310 1'3E31t01r 4. f1ART3/AOFP`WAR 3,000.00 0.00' Ct.00 3.00 11.ON 3,8T30.90 0.00 5611-58930 FURNITURE 3, FIXTURES 2,500.00 O.no (k,10 0,0L1: 61.90 2,500.00 0.310 5611-58 3110 ea'JIADI L#5 0,00 0.001 11,00 t11.00 0'.30 0.00 i1.021 5611-59995CO40 PA CF. I'IAI OUTLAY. 0.00 C.13 ,DO 0.11C1 Lz.t111 0.00 1,00 Tt3°TAL. CAPITAL OUTLAY 1.,06:,POD.NO 1,00 15,01 8,1)0 0.00 13 1)63,330.DO 0,00 OTHER FENANCtNC/ 11.31851 611: 591.11 9RPN.'F6:Fa TO GENERAL F4#'ID 5, 100.110, 0.00 O.CYO 0.00 0.00 5,000,03 0w00 5611--59190 TRANSFER TO TIIDEt1GIFARE 414P 0.0 0.111, 13',Si31 t7,Po o.00 0#,1113 o..00 56.I--58380 PROJECT`ACCOUNTING 0,00 0.0:6 0.OP Il.i3 6_30,130 3.(30 63.00 TOTAAL, OTHER FI1411NCIN4, 443SE:-7; 5,000.00 0.00 a..,ao 0.6a 0.00 12,090.00 0.00... TOTAL DEVRLOP 4E4'4 PORP--14E0E 302130411.00 123,239.76 0.00 123 204,26 15,430.16 :3,0 2,11,i,119 4.32 TLE99.1 EXPENDITURES 3,211,+91.1.00 )23,299_20 0':...00. 1.23,219.41 /5,430;.:.15 3/0`32,681.119 4.32 REVENUE OVER (LI' DER) EXPENDITURES E 1,2E9,419.001 3 15/180.981 0.00 1 5/1 ).981 $ 15,930,161 ( 1a128,80 .83) 2.43 ,1' END OF REPORT 213 Wylie Economic Development Corporation Balance Sheet Sub ledger October 31, 2013 Notes Payable Date of Rate of Purchase Payment Beginning,Bal. Principal Interest --Interest Principal Balance October 1,2013 $5,058,117.64 ANBTX MARTINEZ(#36 of 60) 10/28/10 $8,200.66 $198,896.63 $7,714.78 $485.88 2.95 191,181.85 ANBTX ACE(#26 of 180) 8/1/11 36,828.67 4,374,063.51 20,101.07 16,727.60 4.55 4,353,962.44 ANBTX HUGHES/RANDACK(#11 OF 6C 10/23/12 10,107.00 465,056.43 8,563.51 1,543.49 3.99 456,492.92 October 31, 2013 $36,379.36 $18,756.97 $5,001,637.21 Note: Principal and Interest payments vary by date of payment. The WEDC entered into a$1.4 M note with American National Bank to fund improvements associated with the extension of Woodbridge Parkway. Upon the first draw by the WEDC, the Balance Sheet and the Balance Sheet Sub ledger will be adjusted accordingly. Wylie Economic Development Corporation Inventory Subledger October 31, 2013 Inventory-Land Date of Pur. Address Acreage Improvements Cost Basis Value Sq. Ft. McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 32,005 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Duel Products 9/7/12 704 Cooper Dr. 0.5 n/a 127,452.03 Randack 10/23/12 711-713 Cooper Dr. 1.089 400,000 8,880 400,334.00 Hughes 7/25/06 211 -212 Industrial 0.74 209,801 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W; 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 2,800 171,842.02 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77 Premier Plaza-ACE 8/26/05 Martinez Lane 22.44 96,000 -639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 SAF-Holland 12/14/10 Martinez Lane 1.33 n/a -225,514.65 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 30.48 976,808 129,755 2,824,298.40 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. *Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. *Should ACE lease to term and not execute purchase option, WEDC is liable to reimburse ACE for Holland property purchase ($112,500). WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF NOVEMBER 2013 MONTH WEDC WEDC WEDC DIFF % DIFF 2011 2012 2013 12 VS 13 12 VS 13 DECEMBER $103,687 $112,676 $148,500 $35,824 31.79% JANUARY 100,999 118,175 117,904 -271 -0.23% FEBRUARY 158,204 171,759 187,682 15,923 9.27% MARCH 104,670 113,571 139,745 26,175 23.05% APRIL 98,463 115,114 121,594 6,480 5.63% MAY 158,379 154,424 192,612 38,188 24.73% JUNE 116,832 119,326 141,328 22,002 18.44% JULY 119,527 125,555 148,763 23,208 18.48% AUGUST 157,310 155,875 180,280 24,406 15.66% SEPTEMBER 123,153 123,863 144,572 20,708 16.72% OCTOBER 118,827 122,650 137,407 14,757 12.03% NOVEMBER 163,346 172,141 199,783 27,642 16.06% Sub-Total $1,523,400 $1,605,130 $1,860,171 $255,041 15.89% AUDIT ADJ TOTAL $1,523,400 $1,605,130 $1,860,171 $255,041 15.89% WEDC SALES TAX ANALYSIS $250,000 - - $200,000 �I ::::: . if 112013 E 2 2 m Q ' I !J E o u) z t \ Wylie City Council a ;gym AGENDA REPORT ,'44"ilk FFYP:. Meeting Date: December 1.0, 2013. Item Number: E Department: Municipal Court (City Secretary's Use Only) Prepared By: Lisa Davis Account Code: Date Prepared: November 5, 2013. Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2013-46, amending Ordinance No. 2013-04 (Comprehensive Fee Ordinance) and Section XII (Municipal Court Fees) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances. Providing for repealing, savings and severability clauses; Providing for an effective date of this Ordinance; and providing for the publication of the caption of this Ordinance. Recommendation Motion to approve Ordinance No. 2013-XX, amending Ordinance No. 2013-04 (Comprehensive Fee Ordinance) and Section XII (Municipal Court Fees) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances. Providing for repealing, savings and severability clauses; Providing for an effective date of this Ordinance; and providing for the publication of the caption of this Ordinance. Discussion The current Wylie Comprehensive Fee Schedule was approved in January of 2013 and one change has been made to update our current fee list. The Truancy Prevention and Diversion Fund was added with the 83rd Legislature and is a $2.00 fee added to every case filed after January 1, 2014. This fund was created to provide truancy prevention and intervention services and $1.00 is to be sent to the state and the other $1.00 will be kept by the city to be placed in an account dedicated to the purpose of operating or establishing a juvenile case manager program. At this time it is in the best interest for the Court to begin researching the feasibility of implementing a Juvenile Case Manager. If it is not feasible, the $1.00 portion of this fee, kept by the city, will. be submitted to the State. Page 1 of 1 ORDINANCE NO. 2013-46 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS; AMENDING ORDINANCE NO. 2013-04 (COMPREHENSIVE FEE ORDINANCE) AND SECTION XII (MUNICIPAL COURT FEES) OF APPENDIX C (WYLIE COMPREHENSIVE FEE SCHEDULE) OF THE WYLIE CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has adopted Ordinance No. 2013-04 establishing a comprehensive fee schedule ("Comprehensive Fee Ordinance") for the City of Wylie, Texas ("Wylie"); and WHEREAS, the Comprehensive Fee Ordinance includes fees for the Municipal Court; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend Section XII (Municipal Court Fees) and Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances, as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Section XII (Municipal Court Fees) and Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances as follows: XII. Municipal Court Fees A. Municipal court building security fee S 3.00 B. Municipal court technology fund 4.00 C. Driving safety course administrative fee 10.00 D. Warrant fee 50.00 E. Consolidated court costs 40.00 F. Judicial fee (1.)County 5.40 (2.)City 0.60 G. Arrest fee 5.00 H. State jury fee 4.00 I. Time payment fee efficiency 2.50 J. Time payment plan (1.)Local 10.00 Ordinance No.2013-46 Amendment to the Wylie Comprehensive Fee Schedule Ordinance No.2013-04 Municipal Court Fees Page 1 of 3 (2.)State 12.50 K. Traffic fund 3.00 L. State traffic fee 30.00 M. Administrative fee 20.00 (Expired Violations) N. Administrative fee .....10.00 (Fail to Display Driver's License/Defective Equipment) O. Consolidated court costs 17.00 P. Corrections management fee 0.50 Q. Fugitive apprehension 5.00 R. Juvenile delinquency 0.50 S. Judicial training 2.00 T. Child safety fee 25.00 U. Indigent defense fee 2.00 V. School crossing guard fee 20.00 W. Juvenile crime/delinquency act 0.25 X. Compensation to Victims Crime Fund 35.00 Y. Civil Justice Fee Court .....0.01 Z. Civil Justice Fee City .....0.09 AA. Child Safety Seat .....0.15 BB. Collection Fee .....30 percent of Total Due CC. Truancy Prevention and Diversion Fund City.....1.00 DD. Truancy Prevention and Diversion Fund State.....1.00 SECTION 3: That Section.XII(Municipal Court Fees) and Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances is hereby further amended to read as follows: There shall be imposed a collection fee in the amount of thirty percent(30%) of debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by a municipal court serving the city, and amounts in cases in which the accused has failed to appear: 1.) as promised under Subchapter A, Chapter 543, Transportation Code, or other law; 2.) in compliance with a lawful written notice to appear issued under Article 14.06(b), Texas Code of Criminal Procedure, or other law; 3.) in compliance with a lawful summons issued under Article 15.03(b), Texas Code of Criminal Procedure; 4.) in compliance with a lawful order of a court serving the city; or 5.) as specified in a citation, summons, or other notice authorized by Section 682.002, Transportation Code, that charges the accused with a parking or stopping offense, when such debts, accounts receivable and amounts are more than 60 days past due and have been referred to an attorney or other vendor for collection. Ordinance No.2013-46 Amendment to the Wylie Comprehensive Fee Schedule Ordinance No.2013-04 Municipal Court Fees Page 2 of 3 SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 10th day of December, 2013.. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date to be published in The Wylie News— Ordinance No. 2013-46 Amendment to the Wylie Comprehensive Fee Schedule Ordinance No. 2013-04 Municipal Court Fees Page 3 of 3 OF tykt, Wylie City Council , 1Nr AGENDA REPORT 4rf at iv Meeting Date: December 10, 2013 Item Number: F Department: Public Services (City secretary's Use Only) Prepared By: Purchasing Account Code: 112-5613-58510 Date Prepared: December 3, 2013 Budgeted Amount: $75,000 Exhibits: n/a Subject Consider and act upon, the purchase of a 14 passenger bus from Alliance Bus Group Inc. in an estimated amount of $73,046.00 through a cooperative purchasing contract with the HGAC Agreement #BT01-11, and authorizing the City Manager to execute any necessary documents. Recommendation Motion to approve, the purchase of a 14 passenger bus from Alliance Bus Group Inc. in an estimated amount of $73,046.00 through a cooperative purchasing contract with the HGAC Agreement #BT01-1.1, and authorizing the City Manager to execute any necessary documents. Discussion Staff recommends the purchase of a 14 passenger bus from Alliance Bus Group Inc. in an estimated amount of $73,046.00 through HGAC Agreement#BT01-11 (Wylie W2013-34-I). The Recreation Division has budgeted for a new 14 passenger bus for use at the Wylie Senior Recreation Center. To determine design/functionality requirements and suitable manufacturers, the staff consulted with the public transportation provider for Collin County (TAPS Public Transit) as they provide transportation for area seniors. The result was the recommendation of Alliance Bus Group. In. October 2013 Alliance Bus Group brought a test vehicle to Wylie for Recreation and Fleet staff to review. The bus type that both Recreation Division and Fleet Division staff are recommending is an El Dorado Aerotech 220. This bus will provide a total of 14 passengers (2 for wheel chair accessibility), and has a similar design to what is offered to other rehab and senior activity centers in the Dallas-Ft. Worth metroplex. In addition, Alliance Bus Group offers a full service maintenance department located in Lewisville, TX, and will. work with City staff on any future warranty or maintenance concerns or issues. The new bus will be an addition to the fleet and will increase the total transportation capacity to 28 seniors. This will allow the staff to offer expanded programs as well as increasing the reliability of providing transportation due to the age of the current bus. Maintaining the vehicle capacity at 14 passengers eliminates the need for a commercial driver license for operation, and maintains staff/driver flexibility to meet the needs of the Senior Center. Page 1 of 1 OF NA Wylie City Council 1Nr AGENDA REPORT 4rf at iv Meeting Date: December 10, 2013 Item Number: G Department: Engineering (City secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: December 2, 2013 Budgeted Amount: N/A Exhibits: Resolution,Agreement Subject Consider and act upon, approval of Resolution No. 2013-28(R) the City Manager of the City of Wylie, Texas, to execute the agreement between the City of Wylie and McCarthy Partners for Right Of Way acquisition services for the reconstruction of Country Club Road from South Parker Road to North Parker Road. Recommendation Motion to approve, Resolution No. 2013-28(R) the City Manager of the City of Wylie, Texas, to execute the agreement between the City of Wylie and McCarthy Partners for Right Of Way acquisition services for the reconstruction of Country Club Road from South Parker Road to North Parker Road. Discussion The design of Country Club from N. Parker Road to S. Parker Road is nearing completion. Thirteen right of way and easement parcels must be acquired for the expansion of the roadway. On October 22, 2013, council approved a resolution authorizing the city manager to proceed with the acquisitions. The attached agreement outlines the right of way acquisition services which include appraisals, initial offer package, negotiations with the property owner(s), counteroffers, final offer, and an eminent domain package if needed. The compensation for the acquisition services is $53,900 which includes the cost of the appraisals. McCarthy is ready to proceed immediately upon receipt of an executed agreement. The City secured funding for the project through regional toll revenues and TxDOT has forwarded $1.6 million to the city for utility relocations and right of way acquisition. The projected cost of the NTMWD utility relocations is $325,000. The project will be advertised for construction as soon as the right of way acquisition is completed, and the franchise utilities are relocated. The RTR funds require a twenty percent local match which will be funded from the City's 2005 bond program. Page 1 of 1 RESOLUTION NO. 28(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF WYLIE AND MCCARTHY PARTNERS FOR RIGHT OF WAY ACQUISITION SERVICES FOR THE RECONSTRUCTION OF COUNTRY CLUB ROAD FROM SOUTH PARKER ROAD TO NORTH PARKER ROAD NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the agreement between the City of Wylie and McCarthy Partners for right of way acquisition services for the reconstruction. of Country Club from S. Parker Road to N. Parker Road. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 1.0th day of December, 2013. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.28(R)—Agreement between Wylie&McCarthy Partners ROW Acquisition—Country Club Rd,from Parker Rd to North Parker Rd Page 1 of 2 EXHIBIT "A" Interlocal Agreement Resolution No.28(R)—Agreement between Wylie&McCarthy Partners ROW Acquisition—Country Club Rd,from Parker Rd to North Parker Rd Page 2 of 2 AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS AND MCCARTHY PARTNERS. THIS AGREEMENT ("Agreement") is made this day of , 2013 ("Effective Date"), by and between the City of Wylie,Texas,hereafter referred to as ("City") and McCarthy Partners, hereafter referred to as ("McCarthy Partners"). WHEREAS, City requires certain right-of-way acquisition services for eleven (11) separate parcels related to the Country Club Road Improvement Project as more fully described in the Project Description section set forth on Exhibit "A" attached hereto and incorporated herein for all purposes,hereinafter collectively called the ("Project"); and WHEREAS, City desires to engage McCarthy Partners to provide and perform said services in connection with the Project,and McCarthy Partners desires to provide and perform said services, all on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing and their mutual covenants hereinafter set forth, City and McCarthy Partners agree as follows: SECTION 1 PROJECT SERVICES OF MCCARTHY PARTNERS Section 1.1 Project Services. In connection with the Project, McCarthy Partners shall provide for City right-of-way acquisition services in accordance with Texas state law including the recent amendments resulting from the passage of Senate Bill 18 by the 82'Texas Legislature, which will include file set up, initial title search(for owners, easements and encumbrances), initial offer package along with landowner's bill of rights, negotiations for including 5 contacts and one counter offer for acquisition, final offer packages, as needed, along with second distribution of landowner's bill of rights and initial appraisals, and support for condemnation through commissioners hearing, and perform, furnish or obtain from others the work and services expressly described,referred to or limited herein(collectively the "Project Services"). McCarthy Partners shall provide the Project Services for City in all phases of the Project to which this Agreement applies, all as more particularly set forth in Exhibit "A". SECTION 2 ADDITIONAL SERVICES OF MCCARTHY PARTNERS Section 2.1. Additional Services. In connection with the Project, McCarthy Partners may be called on to perform,provide, furnish or obtain from others services or work which are not part of, or are in addition to, the Project Services (the "Additional Services"). If authorized in writing by City and agreed to by McCarthy Partners, McCarthy Partners shall perform, provide, furnish or obtain from others the agreed upon Additional Services. McCarthy Partners shall not be obligated to perform, provide, furnish or obtain any Additional Services without the prior written authorization of City. Professional Services Agreement(McCarthy Partners) Page 1 618032 1 Section 2.2 Changes in the Project Services. Section 2.2.1 Agreed Upon Changes in the Project Services. It is the desire of the parties to keep changes in the Project Services at a minimum, but the parties recognize that such changes may become necessary and agree that City may initiate deletions,modifications or changes to the Services by advising McCarthy Partners in writing of the change believed to be necessary. As soon thereafter as practicable, McCarthy Partners shall prepare a cost estimate of the change and shall inform City of the adjustment in the compensation due McCarthy Partners under Section 5 hereof ("McCarthy Partners' Compensation")and/or the Term set forth in Section 4 hereof, if any, applicable to such requested change. City shall then advise McCarthy Partners in writing of its approval or disapproval of the change. If City approves the change, a written contract amendment shall be executed by both parties and McCarthy Partners shall perform the Services as changed and the adjustment in McCarthy Partners' Compensation and/or the Term set forth in the executed contract amendment shall become effective. McCarthy Partners may initiate changes in the Services by advising City in writing that in its opinion a change is necessary. If City approves, it shall so advise McCarthy Partners and, thereafter, the change shall be handled as if initiated by City. If a change is not approved, or if a written contract amendment is not executed, by both City and McCarthy Partners, the change shall not become effective and McCarthy Partners shall not be obligated to perform the change. SECTION 3 CITY'S RESPONSIBILIT I ES City shall do the following in a timely manner so as not to delay the performance of the Services by McCarthy Partners: Section 3.1 City Representative. Designate a person to act as City's representative with respect to the Services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret, and define City's policies and decisions with respect to McCarthy Partners' Services for the Project. Section 3.2 Project Information. Provide all criteria,all available infoitriation pertinent to the Project,and full information as to City's requirements for the Project. City agrees that McCarthy Partners shall be entitled to rely upon the accuracy and completeness of all such information. Section 3.3 Project Access. Arrange for access to and make all provisions for McCarthy Partners to enter upon public and private property as required for McCarthy Partners to perform services under this Agreement. All such access shall be provided without condition or restriction unacceptable to McCarthy Partners nor shall McCarthy Partners be required to indemnify or insure any third party as a condition to such access. Section 3.4 City Participation. Examine all reports and other documents presented by McCarthy Partners, obtain advice of an attorney, insurance counselor and other consultant as City deems appropriate for such examination and render in writing decisions or instructions pertaining thereto within a reasonable time so as not to delay the services of McCarthy Partners. Professional Services Agreement(McCarthy Partners) Page 2 618032.1 Section 3.5 Notices. Give prompt written notice to McCarthy Partners whenever City observes or otherwise becomes aware of any development that affects the scope or timing of McCarthy Partners' Project Services, or any defect or non-conformance in the Project Services by McCarthy Partners (or its independent professional associates or consultants) or in the work of any contractor or other party performing or providing work or services in connection with the Project. Section 3.6 Additional Services. When City deems it necessary or appropriate for Additional Services to be performed in connection with any phase of the Project,City shall furnish or direct McCarthy Partners to provide Additional Services as stipulated in Section 2 of this Agreement. Section 3.7 Licenses, Permits, etc. Provide McCarthy Partners with any necessary governmental pei'nits and licenses required to be taken out in the name of City which are necessary for the performance of the Services and, except where such permits, processes or licenses are by the terms of Exhibit "A" the responsibility of McCarthy Partners, obtain any permits, processes and other licenses which are required for the Project or the Services, if any. Section 3.8 Other Duties. Perform any other duties, obligations or responsibilities of the City set forth elsewhere in this Agreement, including, but not limited to, the obligation to make the payments called for under Section 5 hereof. SECTION 4 PERIODS OF SERVICE, TERM, FORCE MAJEURE Section 4.1 Period of Service. The provisions of this Section 4 and the various rates of compensation for McCarthy Partners' services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project. McCarthy Partners' obligation to render Project Services hereunder will extend for a period which may reasonably be required for the Project including any Additional Services, extra or changed work and required extensions thereto. Section 4.2 Term. McCarthy Partners agrees to complete the Project Services within 180 days or less of the Effective Date (the "Term"). If the Term is exceeded,through no fault of McCarthy Partners as solely determined by the City, all rates,measures and compensation provided herein shall be subject to equitable adjustment. The Term (and McCarthy Partners' obligation to complete the Project Services by such date) is subject to reasonable requests for extensions in writing to the City for the performance of Additional Services, Constructive Changes or other extra work, or in response to a Force Majeure Event as provided below. Section 4.3 Timeliness of Performance. The City and McCarthy Partners are aware that many factors outside McCarthy Partners' control may affect McCarthy Partners' ability to complete the services to be provided under this Agreement. McCarthy Partners will perform these services with reasonable diligence and expediency consistent with sound practices. In the event performance extends thirty (30) days beyond the Term, City has the right to terminate this Agreement. Section 4.4 Notice of Delay. If McCarthy Partners becomes aware of delays due to any cause beyond the reasonable control of McCarthy Partners, which will result in the schedule for performance of McCarthy Partners' services not being met, McCarthy Partners shall promptly notify the City. If the City Professional Services Agreement(McCarthy Partners) Page 3 618032.1 becomes aware of any delays or other causes that will affect McCarthy Partners' schedule, the City shall promptly notify McCarthy Partners. In either event, McCarthy Partners' schedule for performance of its services shall be equitably adjusted. Section 4.5 Force ajeure. For purposes hereof, a "Force Majeure Event" shall mean the occurrence of a failure or delay due to circumstances beyond City's or McCarthy Partners' control including, without limitation, lack of necessary access to property, acts of God, acts of a public enemy, fires, floods, earthquakes, wars, civil disturbances, sabotage, accidents, insurrection, blockages, embargoes, storms, explosions, catastrophes, epidemics, damage to the Project, lack of access to Project, unavailable utilities and power, water, labor disputes, City's or McCarthy Partners' failure to timely perform its obligations under this Agreement or other causes beyond City's or McCarthy Partners' control. SECTION 5 CCA T Y PA "TNE S's CO PENSATION Section 5.1 Compensation for Services and Expenses of CCA LT&i Y PA TNE ' S in connection with Project Services Section 5.1.1 For Project Services. As compensation for the performance of the Project Services rendered by McCarthy Partners under Section 1, City shall pay McCarthy Partners,in accordance with these provisions. Necessary project expenses such as mileage, courthouse research fees, postage and other expenses necessary for McCarthy Partners to perform the services set forth by this agreement will be passed through to the City. Mileage rates will be based off the pre-determined amount set forth by the National Government. As compensation for the performance of the above described Services, McCarthy Partners will be reimbursed by City by payment of a note as follows. Appraisal and Acquisition for ' .ght of ay CCA 'THY PA 'TNE ' S Fees: $26,400.00 Independent Appraisal Fees: 10 'eports @ $2,750.00 each $27,500.00 Total Fees for Services: $53,900.00 CCA 'T Y PA 'TNE ' S Acquisition for 'OW (11 Parcels @ $2,400/parcel) Initial Offer(40%) S960.00 Signed MOA or Final Offer Letter(30%) $720.00 Closing or Eminent Domain Package (30%) $720.00 TOTAL $2,400.00/parcel Section 5.2 Other Provisions Concerning Payments. Professional Services Agreement(McCarthy Partners) Page 4 618032 1 Section 5.2.1 Generally. The City will be billed per parcel every thirty (30) days by the first(Pt)of the month. All parcel payments,title insurance and closing fees required by the title company to be paid at closing by the City will be requested by McCarthy Partners and paid directly by the City to the title company. Section 5.2.2 Payments after Termination by City. In the event of termination by City under paragraph 6.1 upon the completion of any phase of the Project Services, payments due McCarthy Partners for all Services rendered and expenses incurred through the date of termination. In the event of such termination by City during any phase of the Project Services, McCarthy Partners will be paid for Services rendered and expenses incurred through the date of teiinination. Section 5.2.3 Payments after Termination by MCCARTHY PARTNERS. In the event of termination by McCarthy Partners under paragraph 6.1, McCarthy Partners will be paid for all Services rendered and expenses incurred through the date of termination. Section 5.2.4 Records. If City desires to have copies of McCarthy Partners records, copies will be made available to City upon City's request prior to final payment for McCarthy Partners' services. McCarthy Partners shall be reimbursed the cost of any such copies by City. SECTION 6 GENERAL CONSIDERATIONS Section 6.1 Termination. The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30) days written notice to the other party in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Section 6.2 Standard of Practice,Warranties. Services performed by the McCarthy Partners under this Agreement will be conducted in a manner consistent with the level of care, diligence and skill ordinarily possessed and exercised by other like service providers currently practicing in the same locality under similar conditions. Except as expressly set forth above, no other representations, expressed or implied,and no warranty or guarantee,express or implied,is included in this Agreement,or with reference to service provided hereunder. Section 6.3 Insurance. Section 6.3.1 MCCARTHY PARTNERS Insurance.McCarthy Partners shall maintain throughout the term of this Agreement insurance in the following amounts and will furnish a copy of the certification and all applicable endorsements naming the City as an additional insured: (a) Worker's Compensation and Employer's Liability Worker's Compensation Statutory Professional Services Agreement(McCarthy Partners) Page 5 618032.1 Employer's Liability $500,000/$500,000/5500,000 (b) Comprehensive Automobile Liability $1,000,000 combined single limit Bodily Injury and Property Damage (c) Comprehensive General Liability $1,000,000 - per occurrence $2,000,000 - annual aggregate $2,000,000 - product/completed operations per occurrence $1,000,000 - personal injury/advertising liability (d) Umbrella/Excess Liability $1,000,000 - per occurrence $1,000,000 - annual aggregate The insurance shall: (a) Provide for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or material change of the insurance; (b) Provide for a waiver of subrogation against the City of Wylie, Texas for injuries (including death), property damage or any other loss to the extent the same is covered by the proceeds of insurance; and (c) All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least"A"by AM Best or other equivalent rating services. Section 6.4 Liability and Indemnification. TO THE FULLEST EXTENT PERMITTED BY LAW, MCCARTHY PARTNERS, ITS OFFICERS, DIRECTORS, PARTNERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES (COLLECTIVELY REFERRED TO AS"MCCARTHY PARTNERS" FOR PURPOSES OF THIS SECTION),AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF WYLIE, TEXAS AND ITS DIRECTORS, OFFICERS, COUNCIL MEMBERS, REPRESENTATIVES, AGENTS AND EMPLOYEES (COLLECI IVELY REFERRED TO AS "CITY" FOR PURPOSES OF THIS SECTION) FROM ANY AND ALL CLAIMS,DEMANDS,DAMAGES,INJURIES(INCLUDING DEATH),LIABILITIES AND EXPENSES(INCLUDING A'1"IORNEY'S FEES AND COSTS OF DEFENSE) ARISING DIRECTLY OR INDIRECTLY OUT OF THE OPERATION OR PERFORMANCE OF MCCARTHY PARTNERS UNDER THIS AGREEMENT,THE CITY WILL NOT ACCEPT LIABILITY FOR INJURIES THAT ARE THE RESULT OF NEGLIGENCE,MALFEASANCE,ACTION OR OMISSION OF MCCARTHY PARTNERS. MCCARTHY PARTNERS AGREES TO ACCEPT LIABILITY FOR INJURIES TO ITSELF OR OTHERS CAUSED BY ITS OWN NEGLIGENCE, MALFEASANCE, ACTION OR OMISSION. THIS INDEMNIFICATION PROVISION IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO,ANY AND ALL CLAIMS,WHETHER CIVIL OR CRIMINAL,BROUGHT AGAINST THE CITY BY ANY GOVERNMENTAL AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL Professional Services Agreement(McCarthy Partners) Page 6 618032.1 CLAIMS,DEMANDS,DAMAGES,ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE,KNOWN AND UNKNOWN,EXISTING OR CLAIMED TO EXIST,RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN MCCARTHY PARTNERS AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEES EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH THE MCCARTHY PARTNERS, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS' COMPENSATION INSURANCE,AND ANY OTHER CLAIM,WHETHER IN TORT,CONTRACT OR OTHERWISE. IN ITS SOLE DISCRETION,CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY MCCARTHY PARTNERS IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE FOR A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSIDERED AS A WAIVER OF MCCARTHY PARTNERS'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF MCCARTHY PARTNERS'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. MCCARTHY PARTNERS SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF MCCARTHY PARTNERS FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND MCCARTHY PARTNERS SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. SECTION 7 SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES Section 7.1 Entire Agreement. This Agreement together with the Exhibits identified above constitutes the entire agreement between City and McCarthy Partners and supersede all prior written or oral understandings. This Agreement and said Exhibits may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the City or McCarthy Partners. McCarthy Partners' services under this Agreement are being performed solely for the City's benefit, and no other party or entity shall have any claim against Section 7.2 Attorneys Fees. In the event that either party hereto employs an attorney to enforce any provision of this Agreement or to collect damages for default or breach of this Agreement, or pursue claims in litigation or arbitration, the prevailing party in any such action shall be entitled to recover from the other such attorneys' fees and costs of collection as the prevailing party may expend or incur with respect thereto. In the event that a settlement is reached between the parties before a final decision in any such litigation or arbitration,then neither party shall be entitled to recover its attorney's fees or costs from Professional Services Agreement(McCarthy Partners) Page 7 618032.1 the other and neither party shall be responsible for the other party's attorney's fees or costs, unless otherwise agreed by the parties. Section 7.3 Disputes. In the event a dispute arises between McCarthy Partners and City regarding the application or interpretation of any provision of this Agreement, or quality of Services by McCarthy Partners, the aggrieved party shall promptly notify the other party to this Agreement of the dispute, but in no event more than twenty (20) days after such dispute arise, the parties agree that each shall appoint a senior representative to engage in immediate good faith negotiations to resolve said dispute. If the parties fail to resolve the dispute within twenty(20)days after receipt of such notice,then each party shall have all remedies available to it in law and in equity. All disputes shall be governed by the laws of the State of Texas and the jurisdiction and venue for litigation between the parties shall be solely and exclusively in Collin County, Texas. Section 7.4 Independent Contractor. McCarthy Partners shall be an independent contractor with respect to the Services to be performed hereunder. Neither McCarthy Partners, nor its independent professional associates, Consultants or subcontractors, nor the employees of any of the foregoing, shall be deemed to be the servants, employees or agents of City. Section 7.5 Representations and Remedies. McCarthy Partners makes no representations, covenants, warranties or guarantees, express or implied, other than those expressly set forth herein. Section 7.6 Assignment and Subcontractors. This Agreement shall not be assignable by either party without the prior written consent of the other party hereto, except that it may be assigned without such consent to the successor of either party, or to a person, firm or corporation acquiring all or substantially all of the business assets of such party or to a wholly owned subsidiary of either party, but such assignment shall not relieve the assigning party of any of its obligations under this Agreement. No assignment of this Agreement shall be valid until this Agreement shall have been assumed by the assignee. This Agreement shall be binding upon and shall inure to the benefit of the McCarthy Partners' and City's respective successors and assigns. Nothing in this Section 7.6 shall prevent or be deemed to prevent McCarthy Partners from employing, contracting with or engaging independent professional associates, Consultants and other subcontractors to perform or assist in the performance of the Services. Section 7.7 Notices. All notices or communications pertaining to this Agreement shall be in writing and shall be sufficient when mailed or delivered to the address specified below: If to CITY: City of Wylie Attn: Chris Hoisted, City Engineer 300 Country Club Drive Wylie, Texas 75098 If to MCCARTHY PARTNERS: AA ALIMIIK Section 7.8 Interpretation. Professional Services Agreement(McCarthy Partners) Page 8 618032.1 (a) This Agreement shall be governed by and interpreted in accordance with the laws of Texas. (b) Headings and titles of sections, paragraphs and other subparts of this Agreement are for convenience of reference only and shall not be considered in interpreting the text of this Agreement. Modifications or amendments to this Agreement must be in writing and executed by duly authorized representatives of each party. (d) In the event that any portion or all of this Agreement is held to be void or unenforceable,the parties agree to negotiate in good faith to reach an equitable agreement which shall affect the intent of the parties as set forth in this Agreement. Section 7.9 Sovereign Immunity. The parties hereto agree that the City has not waived its sovereign immunity by entering into or performing its obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day of , 2013. City of ylie cCart1i Partners By: By: Mindy Manson, City Manager Printe• 26,,, e: iee .Atc. ifvOir Title= flr Professional Services Agreement(McCarthy Partners) Page 9 618032 1 Exhibit � " ' ProierfSerJ^ce8 Between City of Wylie, Texas and McCarthy Partners' _ Right of Way Acquisition Services for Country Club Road Improvement Project /Milestone#1 Research Landowner Contact Information Order e T�| co mmitments Review Title Commitments Order Appraisals 'Review Appraisals Prepare Certified Mail Initial Offer Package for City Attorney review prior to mailing Initial Offer Package Includes: Appraioa/(s)and Acknowledgement ofReceipt Initial Offer Letter LandoxVner'S Bill of Rights and Acknowledgement DfReceipt Milestone#2 Contact Landowner upto a total of five (S)timneg Present Counteroffer to City (if applicable) Prepare Deed and MOA for Landowner Signature Deliver signed Deed and MOA to Title Company for Closing or Prepare Final Offer Package for City Attorney review prior tomailing Prepare Certified Mail Final Offer Package for City Attorney review prior to mailing Final Offer Package Includes: Final Offer Letter Landovvner"s Bill of Rights and Acknowledgement ofReceipt Milestone#3 Receive the title company updates regarding the completion of title curative for closing Present the Policy and Signed Docs to the City or Eminent Domain Package to City Attorney for Filing Eminent Domain'Package Includes: Landowner Contact Information Two(I) Copies of certified Appraisals Two (Z) Copies of Title Commitments Tvvo(2) Copies ofInitial Offer Package, with certified nla|| receipts Two(Z) Copies of Final Offer Package, with certified mail receipts Other items as determined necessary by the City Attorney which are in McCarthy Partners possession AA{WME, Iin A DATE(MM/DD/YYYY) 11/6/2013 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BE EEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATIONIS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder hi lieu of such endorsement(s). PRODUCER NAME:1.4 M J KILPATRICK INS AGENCY INC/PHS PHONE (NC,No,BO. (866) 467-8730 FAX WC,Nob (877) 905-0457 506351 P: (866) 467-8730 F: (877) 905-0457 %DRESS: PO BOX 33015 INSURER(S)AFFORDING COVERAGE NAICrt SAN ANTONIO TX 78265 INSURER A: Sentinel Ins Co LTD INSURED INSURERS: Trumbull Ins Co MCCARTHY PARTNERS MELANIE MCCARTHY, muREIRe INDV. INSURER D PO BOX 2900 INSURER ALBANY TX 76430 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NVAIRER POLICY EFF POLICY EXP LIMITS LTP IVSR WYN rWM/MNYIFYY) OPIMITAWYTYTO GENERAL LIADILM' EACH OCCURRENCE sl, 000I 000 DAMAGE TO RENTED $1, 000, 000 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) CLAIMS-MADE OCCUR MED EXP(Any one person) $10, 000 A X General Liab 46 SBM BM7894 11/29/2012 11/29/2013 PERSONAL&ADM INJURY $1 000 000 r r GENERAL AGGREGATE $2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2, 000, 000 POLICY Tgr- LOC AuTavomm Lualun, COMBINED SINGLE LIMIT (Ea si 000 000 accident) r ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED 46 SBM Bm7894 11/29/2012 11/29/2013 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE x HIRED AUTOS X AUTOS (Per acadent) X UMBRELLA LIAB A OCCUR EACH OCCURRENCE $5, 000, 000 A EXCESS LIAB CLAIMS-MADE 46 SBM BM7 8 9 4 11/29/2012 11/29/2013 AGGREGATE $5, 000 000 DED X RETENTION$10,000 WORMS COMPENSATION v WC STATU- OTH- AMJEMPLOYERSLUARILITT x TORY LIMITS ERA ANY PROPRIETOR/PARTNER/EXECUTIVE YIN EL.EACH ACCIDENT $1, 000, 000 OFFICER/MEMBER EXCLUDED? N/A B (Mandatory in NH) 46 WBc AD8230 11/29/2012 11/29/2013 E L.DISEASE-EA EMPLOYEE $1, 0 0 0 0 0 0 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1, 000, 000 DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES(MAX Line Length is 79;Attach ACORD101,Additional Remarks Schedule,if more space is required) Those usual to the Insured's Operations , 30 Day Notice of Cancellation is included per form SS1224 & WC420601 attached to the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE City of Wylie DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Attn: Chris Hoisted, City Engineer AUTHORIZED REPRESENTATIVE 300 COUNTRY CLUB DR WYLIE, TX 75098 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD OF CY, Wylie City Council a�34r AGENDA REPORT Meeting Date: December 10, 2013 Item Number: H Department: Public Services (City secretary's Use Only) Prepared By: Purchasing Account Code: various Date Prepared: December 3, 2013 Budgeted Amount: Exhibits: 1 Subject Consider and act upon, approval of Resolution 2013-29(R) of the City Council of the City of Wylie, Texas, hereby authorizing the City Manager of the City of Wylie, Texas, to enter into an interlocal cooperative purchasing agreement between the City of Rowlett and the City of Wylie for the use of the City of Rowlett's contracts. Recommendation Motion to approve, Resolution 2013-29(R) of the City Council of the City of Wylie, Texas, hereby authorizing the City Manager of the City of Wylie, Texas, to enter into an interlocal cooperative purchasing agreement between the City of Rowlett and the City of Wylie for the use of the City of Rowlett's contracts. Discussion Section 791.025 of the Texas Government Code AND Chapter 271.102 of the Texas Local Government Code permits Interlocal. Agreements between local governments for the purchase of goods and services; thus satisfying the requirement of the City to seek competitive bids for the purchase of goods and services through supplier contracts. Staff recommends the approval of an interlocal cooperative purchasing agreement between the City of Wylie and the City of Rowlett as highly beneficial to maintain cost beneficial goods and services. Page 1 of 1 RESOLUTION NO. 2013-29(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 ENTER INTO AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN THE CITY OF ROWLETT AND THE CITY OF WYLIE FOR THE USE OF THE CITY OF ROWLETT'S CONTRACTS. WHEREAS, Section 791.025 of the Texas Government Code AND Chapter 271.102 of the Texas Local Government Code does permit Interlocal Agreements between local governments for the purchase of goods and services and does satisfy the requirement of local governments to seek competitive bids for the purchase of goods and services through supplier contracts; and WHEREAS,the City of Wylie is of the opinion that an Interlocal cooperative purchasing Agreement between the City of Wylie and the City of Rowlett will be highly beneficial to the taxpayers as a result of the anticipated savings to be realized; NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City of Wylie, Texas requests that the City of Rowlett allow the City to enter into an Interlocal Agreement to permit the City to utilize and/or be incorporated into one or more City of Rowlett supplier contracts as previously solicited by the City of Rowlett and awarded to vendors in accordance with State purchasing laws. SECTION 2: 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 City of Rowlett and the City of Wylie. SECTION 3: A representative of the City of Wylie, Texas named as Glenna Hayes, Purchasing Agent, is authorized to sign and deliver any and all necessary requests and documents in connection therewith for and on behalf of the City of Wylie, Texas. SECTION 4: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 10th day of December, 2013. ERIC HOGUE,Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2013-29(R)—Interlocal Cooperative Agreement to use Rowlett's Contracts Page 1 of 1 Wylie City Council ar AGENDA REPORT Meeting Date: December 10, 2013 Item Number: I Department: Finance (City Secretary's Use Only) Prepared By: Purchasing Account Code: Date Prepared: December 1, 2013 Budgeted Amount: Exhibits: Resolution, Department Memo Subject Consider and act upon, Resolution No. 2013-30-(R) of the City Council of the City of Wylie, Texas, to adopt the use of electronically submitted purchasing bids or proposals in accordance with Texas Local Government Code 252.0415. Recommendation Motion to approve, Resolution No. 2013-30-(R) of the City Council of the City of Wylie, Texas, to adopt the use of electronically submitted purchasing bids or proposals in accordance with Texas Local Government Code 252.0415. Discussion TLGC 252.0415 defines the procedures for accepting electronics bids or proposals, and requires that the City Council adopts rules to ensure the identification, security and confidentiality of such bids, and to ensure that the electronic bids or proposal remain effectively un-opened until the proper time. Staff recommends the adoption of the attached resolution and City of Wylie Purchasing Department Internal Operating Procedures for the Receipt of Electronic Bids or Proposals. Page 1 of 1 RESOLUTION NO. 2013-30(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO ADOPT THE USE OF ELECTRONICALLY SUBMITTED PURCHASING BIDS OR PROPOSALS IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE 252.0415. WHEREAS, Texas Local Government Code(TLGC) 252.0415 allows a municipality to receive bids and or proposals through electronic transmission; and WHEREAS, TLGC 252.0415 requires that the City Council adopts rules to ensure the identification, security and confidentiality of such bids, and to ensure that the electronic bids or proposal remain effectively un-opened until the proper time; and WHEREAS, the Purchasing Agent has defined and the Finance Director has approved the rules; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Mayor on behalf of the City Council of the City of Wylie, Texas, hereby authorizes and accepts the attached Purchasing Department Internal Operating Procedures for the Receipt of Electric Bids or Proposals. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on. this the 10th day of December, 2013.. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2013-30(R)-Adopting the use of electronically submitted purchasing bids&proposals Texas Local Government Code 252.0415 Page 1 of 1 Memo To: Mindy Manson,City Manager From: Linda Bantz, Finance Director Date: 12/2/2013 Re: Resolution to Adopt the Use of Electronically Received Bids and Proposals The current procedures for hard document (paper) bids, require all offers to be delivered directly to the office of the Purchasing Agent prior to the published due date and time. All offers received are date/time stamped, recorded on a "Big Log-In" sheet, and remain sealed until the time of the public opening. Any offer received after the published date/time is stamped and returned unopened to the vendor.These procedures ensure the confidentiality of all offers, and provide a fair and equitable opportunity for all vendors. In order to provide a faster process time to the departments, and enhanced bidding opportunities to the vendor community the Purchasing Agent is evaluating the use of an internet based bid service. These services provide a variety of services: • Access: convenient and secure web site access from any computer for the vendor community and the purchasing agent. • Electronic Vendor Database: Requests are received daily from vendors to be added to a "vendor's list". Vendors can easily register with a designated internet service and maintain the accuracy and control of their information and participation. • Expanded Bid Opportunities for Wylie Businesses: Businesses who register with an Internet based procurement service will receive bid notifications from all governmental entities utilizing the same service; creating the possibility of nationwide sales growth. • Reduced Vendor Time and Expense: Vendors may choose to submit their offer electronically through the secure web site, reducing printing and mailing expenses and ensuring that their offer is submitted on time. The attached resolution is a request for the City Council to accept and adopt the attached Purchasing Department Internal Operating Procedures for the Receipt of Electronic Bids and Proposals. The adoption of these procedures is the first step required by Texas Local Government Code 252.0416 to ensure that any electronically submitted bids and proposal are handled by the Purchasing Agent with the same level of security, confidentiality and date/time restrictions as a sealed hard document (paper) offer. q CI IN OF WYLIE City of Wylie Purchasing Department Internal Operating Procedures Receipt of Electronic Bids or Proposals SUMMARY: In compliance with TLGC 252.0415, these procedures will apply to any electronically received bids, quotes and proposals for the purchase of goods and/or services with an estimated annual expenditure of $15,000.00 or greater (as may be defined by current State law). These procedures are to ensure the identification, security and confidentiality of electronic bids or proposals; and to ensure that the electronic bids or proposals remain effectively unopened until the proper time. RESPONSIBLE: ACTION: Purchasing Agent or Will place bid notice advertisements as required by State law. When Designee applicable a notification will be added to the bid/proposal ad stating vendors may submit responses electronically through a designated Internet bid service provider, listing the appropriate electronic address. Purchasing Agent or Will accept sealed hard document (paper) responses received prior to the Designee published due date and time. Purchasing Agent or Will open all hard document (paper) bids or proposals at the established Designee opening time and date. Purchasing Agent or Will open electronically submitted bid or proposal documents from a Designee password enabled/secure web site. Bid or proposal submissions will be downloaded, and the appropriate documents will be added to the bid file. Purchasing Agent or Will conduct a public opening to read aloud to interested parties present, all Designee electronic and hard document (paper) responses properly received prior to the published closing time and date. Purchasing Agent or Will post recap electronically as appropriate with the following statement: Designee "ALL BIDS SUBMITTED FOR THE DESIGNATED PROJECT ARE REFLECTED ON THIS BID TAB SHEET. HOWEVER,THE LISTING OF A BID ON THIS SHEET SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE. THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE LAWS AND CITY OF WYLIE BID SPECIFICATIONS AND PROJECT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND, ACCORDING TO LAW, ALL BIDS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME." Issued: 12/11/13 Revised: w. Wylie City CouncilFE AGENDA REPORT A�ss7 in Meeting Date: 12/10/13 Item Number: 1 Department: Finance (City Secretary's Use Only) Prepared By: Linda Bantz Account Code: Various Date Prepared: 11/25/13 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Ordinance No. 2013-47 amending Ordinance No. 2013-35 (2013-2014 Budget) for the purpose of distributing funds that were previously budgeted for salary changes to the proper departments and accounts; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation Motion to approve, Ordinance No. 2013-47 amending Ordinance No. 2013-35 (2013-2014 Budget) for the purpose of distributing funds that were previously budgeted for salary changes to the proper departments and accounts; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Discussion During a Work Session on November 21, 2013, the City Council heard a presentation from Waters Consulting regarding the compensation study they performed for the City. After discussion the Council directed staff to proceed with allocating funds that were previously set aside for employee salary adjustments in the 2013-2014 budget to implement the recommendations made by the consultant to the fullest extent possible. This is now being brought back for Council consideration in the form of an ordinance amending the 2013-2014 Budget Ordinance as they requested. Page 1 of 1 ORDINANCE NO. 2013-47 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2013-35 (2013-2014 BUDGET) FOR THE PURPOSE OF DISTRIBUTING FUNDS THAT WERE PREVIOUSLY BUDGETED FOR SALARY CHANGES TO THE PROPER DEPARTMENTS AND ACCOUNTS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") desires to amend Ordinance No. 2013-35 (2013-2014 Budget) of the City of Wylie, Texas ("Wylie") for the purpose of distributing funds that were previously budgeted for salary changes to the proper departments and accounts; and WHEREAS, the consulting firm hired by Wylie as authorized by the City Council, has completed the compensation study and presented it to the City Council for review and consideration ("Compensation Study"); and WHEREAS, the City Council originally budgeted One Million Thirteen Thousand Fifty- Eight and 00/100s Dollars ($1,013,058.00) for salary changes; and WHEREAS, based upon the Compensation Study, the actual estimated cost of the salary changes, including benefits, is One Million Seven Thousand Ninety-Nine and 55/100s Dollars ($1,007,099.55); WHEREAS, the City Council has investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend Ordinance No. 2013-35 (2013-2014 Budget) as set forth above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2013-35 (2013-2014 Budget). Ordinance No. 2013-35(R) (2013-2014 Budget) is hereby amended to allow for the appropriations shown. on Exhibit 1 attached hereto and incorporated herein for all purposes. SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. Ordinance 2013-47-Amending 2013-201.4 Budget(Ordinance No.2013-35 Funds Distribution for Salary Changes Page 1 of 2 SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date: This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 10th day of December,2013. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Ordinance 2013-47-Amending 2013-2014 Budget(Ordinance No.2013-35 Funds Distribution for Salary Changes Page 2 of 2 Budget Amendment Exhibit 1 Redistribution of Funds Set Aside for Comp Study Fund Department Account Number Debit Credit 100 5112 51110 23,632.22 51310 3,110.00 51440 1,465.20 51450 342.67 100 5113 51110 7,308.25 51310 961.77 51440 453.11 51450 105.97 100 5131 51110 25,924.71 51112 1,417.00 51310 3,411.69 51440 1,695.19 51450 396.45 100 5152 51110 6,330.17 51310 833.05 51440 392.47 51450 91.79 100 5153 51110 4,016.11 51310 528.52 51440 249.00 51450 58.23 100 5154 51110 787.55 51310 103.64 51440 48.83 51450 11.42 100 5155 51110 13,710.50 51310 1,804.30 51440 850.05 51450 198.80 Fund Department Account Number Debit Credit 100 5211 51110 183,636.06 51112 14,696.09 51135 - 51310 24,166.51 51440 12,296.59 51450 2,875.82 100 5231 51110 169,030.87 51112 13,881.08 51135 11,399.78 51310 23,744.67 51440 12,047.33 51450 2,817.52 100 5241 51110 52,268.40 51135 6,745.12 51310 7,766.18 51440 3,658.84 51450 855.70 100 5251 51110 7,532.36 51112 161.69 51310 991.26 51440 477.03 51450 111.56 100 5311 51110 25,945.57 51310 3,414.44 51440 1,608.63 51450 376.21 100 5312 51110 3,476.23 51310 457.47 51440 215.53 51450 50.41 100 5313 51110 985.51 51310 129.69 51440 61.10 51450 14.29 Fund Department Account Number Debit Credit 100 5411 51110 27,324.82 51310 3,595.95 51440 1,694.14 51450 396.21 100 5511 51110 43,456.00 51310 5,718.81 51440 2,694.27 51450 630.11 100 5551 51110 20,853.30 51112 4,171.12 51310 3,293.21 51440 1,551.51 51450 362.85 112 5613 51112 12,763.90 51440 791.36 51450 185.08 112 5614 51110 14,484.16 51310 1,906.12 51440 898.02 51450 210.02 125 5125 51110 9,692.15 51112 46,499.26 51310 1,275.49 51440 3,483.87 51450 814.78 611 5711 51110 11,594.74 51310 1,525.87 51440 718.87 51450 168.12 611 5712 51110 48,166.04 51310 6,338.65 51440 2,986.29 51450 698.41 Fund Department Account Number Debit Credit 611 5713 51110 15,595.91 51310 2,052.42 51440 966.95 51450 226.14 611 5714 51110 11,98817 51310 1,577.64 51440 743.27 51450 173.83 611 5715 51110 3,888.36 51310 511.71 51440 241.08 51450 56.38 100 5181 56040 803,876.50 112 5000 56040 26,250.08 135 5125 56040 35,000.00 611 5719 56040 205,000.08 TRANSFERS FROM GENERAL FUND T0OTHER FUNDS 108 5181 56040 36,973.05 5181 59112 4,988.65 5181 59125 26,765.54 5181 59611 5,218.85 112 4000 49111 4,988.65 125 4000 49111 26,765.54 611 4000 49100 5,318.85 Wylie City Council Agenda Report CITY OF WYLIE TRANSMITTAL REPORT q Department Director: Mindy Manson Prepared By: Craig Kelly Meeting Date: 12/10/2013 Discuss funding for the Wylie Jubilee Bluegrass on Subject/Title: Ballard scheduled for July 5, 2014. Place an"X"in the appropriate box: Presentations Consent Public Hearing Individual Consideration Work Session X Executive Session Approximate Discussion Time: 15 Minutes Wylie City Council Agenda .fit TRANSMITTAL REPORT mgo t .'} This form should be submitted the Monday of a staff meeting �,p °I$k for the Pending Agenda. $.,, t8 1 fix- Department Director: Linda Bantz Prepared By: Lisa Davis Meeting Date: December 10, 2013 Discussion regarding the possibility of implementing a Subject/Title: Juvenile Case Manager position. Place an "X"in the appropriate box: Presentations Consent Public Hearing Regular Item Work Session X Executive Session Amok Municipal Court A Proposal to Implement a Juvenile Case Manager Position Presented on December 10, 2013 Page 1 of 5 Current Status • The Wylie Municipal Court currently has one full time Court Administrator/Supervisor, two full time Deputy Court Clerks, one full time Bailiff/Warrant Officer, one part-time Prosecutor, and two part-time Judges. • Our current average number of cases filed per year is 2500 for adults (age 17 and up) and 200 for juveniles (16 and under). 66% of our Juvenile cases are non-traffic violations. • With Judge Douglas' retirement from being the Justice of the Peace Judge, there is a good possibility that the current Failure to Attend School cases from Wylie ISD, currently filed in the Justice of the Peace Court, will be filed with the Municipal Court beginning in the Fall of 2014. • This will add approximately 300 cases a year to our case load, most of which will be juveniles. Solution • Our current situation provides us with an opportunity to implement a Juvenile Case Manager position. • In Texas, municipal and justice courts come into contact with more children accused of violating the law than juvenile courts. • Juvenile case managers are employed as a local strategic measure to help prevent children from becoming further involved in the justice system and to curb juvenile crime at the local level. • Code of Criminal Procedure, Article 45.056, upon approval by city council, allows the employment of a Juvenile Case Manager to provide services in cases involving juvenile offenders before a court consistent with the court's statutory powers. • Pursuant to Article 102.0174 Code of Criminal Procedure, the court or governing body may pay the salary and benefits of a juvenile case manager and the costs of training, travel, office supplies, and other necessary expenses relating to the position of the juvenile case manager from the Juvenile Case Manager Fund ($5.00 fee added to all convictions). Page 2 of 5 Roles of a Juvenile Case Manager • A liaison between juvenile defendants, along with their parents, and the judge/court. • An advocate for the juvenile to reach compliance prior to their 17th birthday to eliminate risk of incarceration. • Assists and monitors progress of juveniles moving through the various programs to satisfy violations incurred. • Assures communication between juvenile, parent(s) and court. • Communicates orders to DPS regarding juveniles in non-compliance. • Assists those juveniles that must complete state required alcohol & tobacco awareness classes as terms of compliance. • Oversee programs such as Teen Court. Coordinate with other organizations to provide local services such as the Victim Impact Panel with MADD. Non-Compliant Juveniles • Are placed in a holding status awaiting their 17th birthday. • Are set for adult hearing at the time they turn 17. • If they fail to appear, a warrant is issued for their arrest. Sample of Cities who have a Juvenile Case Manager Austin Bastrop Bridgeport Bryan Carrollton * Cedar Park Colleyville Coppell Denton Co El Paso Co Ft Worth Houston Huntsville Irving Keller * Lewisville Marble Falls McKinney * Midlothian Mission Murphy * Pasadena Plano * Rowlett * San Antonio Socorro Travis Co Allen Frisco * New Braunfels * San Marcos * Missouri City * *Cities used in Salary Survey Page 3 of 5 Revenue Estimate 300 Failure to Attend School cases a year estimated 200 convictions based on $200.00 average fine plus court costs. Amounts below based on estimated collection on 133 cases Fine—General Fund $26,600.00* City Portion 10% of State Costs—General Fund $691.60* Court Security Fund $399.00 Court Technology Fund $532.00 Juvenile Case Manager Fund ($5.00) $655.00* Truancy Prevention and Diversion Fund—City Portion for JCM $133.00* ($2.00 New Fee effective 1/1/2014/City Portion $1.00) Additional for Average Cases Filed based on 2700 cases (Current Case load) Juvenile Case Manager Fund $13,500.00* Truancy Prevention and Diversion Fund — City Portion for JCM $2,700.00* Total Estimated Revenue General Fund $27,291.60 A Court Security Fund $399.00 A Court Technology Fund $532.00 A Juvenile Case Manager Fund $14,155.00 B Truancy Prevention and Diversion Fund — City Portion for JCM $2,833.00 B A— New Revenue B — New Court Costs *Total New Revenue—GF &JCM Fees that can be used for position $44,279.60 Page 4 of 5 Salary/Benefits Estimate Based on Employee opting for Family Insurance coverage Salary @ $45,000.00 $70,755.84 Salary @ $50,000.00 $76,876.58 Expense Estimate JCM, TPDF, and Court Security Funds can be used for these expenses Training (after first two years this cost may go down) $3,000.00 Mileage $300.00 Office Supplies $300.00 Member Association Fees (TCCA, JCMA) $90.00 Total Estimated Cost for Position Salary @ $45,000.00 Plus Expenses $74,445.84 Salary @ $50,000.00 Plus Expenses $80,566.58 One-Time upfront Costs New Office Construction (dividing Warrant Officer office) $7,500.00 Desk $2,000.00 IT Expenses $500.00 Laptop & Docking Station (Can use Court Technology Fund) $2,000.00 Total One-Time upfront Costs $12,000.00 Total Additional Revenue— GF &JCM Fees $44,279.60 Costs —Salary/Benefits/Other Costs <$74,445.84> Difference <$30,166.24> *The Revenue and Difference of the Costs of the position will fluctuate due to collection of fines* Page 5 of 5 JCM SALARIES MIN MID MAX Bastrop $32,489.00 $44,699.00 Bryan $31,720.00 $38,854.00 $45,988.00 Carollton * $32,840.00 $36,516.00 $45,976.00 Cedar Park $33.238.00 $47,881.00 Colleyville $34,641.00 $51,961.00 Coppell $41,558.40 $60,257.60 Huntsville $29,872.00 Hurst $28,932.00 $44,262.00 Keller* Employed by Colleyville Lewisville $35,484.00 $47,216.00 Mckinney * $38,977.00 $47,747.00 $56,517.00 Murphy * $39,998.00 $48,006.00 $55,993.00 Plano * $35,601.00 $43,932.00 $52,262.00 Rowlett * $48,131.00 $55,641.00 $63,152.00 Frisco * $43,386.72 $60,720.19 (Frisco position is combined CourtCoordinator/JCM) New Braunfels * $31,928.00 $38,272.00 $44,678.00 San Marcos * $31,886.00 $47,840.00 Cedar Hill $35,113.00 $57,016.00 *Salary Survey Cities Average for Cities used for Compensation Study Min Mid Max $37,844.00 $45,019.00 $53,392.00 Page 1 of 1