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11-13-2007 (City Council) Agenda Packet Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda November 13, 2007 -6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North John Mondy Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter 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 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Presentation of the "Star Tree" for the City of Wylie 2007 Reach For A Star Program. (T. Nicholson, Fire Inspector/Council) • Presentation to 2" Six Weeks Star Students — Character Trait of "Respect". (J. Mondy, Mayor/Council) • Kick Off of the Salvation Army 2007 "Red Kettle" Campaign. (C. Olson, Salvation Army/1 Mondy, Mayor) November 13,2007 Wylie City Council Regular Meeting Agenda Page 2 of 4 • Presentation and acceptance of donated Polaris Ranger from the US Smokeless Tobacco Association. (R. Corbin, Fire Chief) • Presentation of donated Weather Radios to Wylie Independent School District (WISD). (R. Corbin, Fire Chief) • Presentation of a Directional Sign to the City of Wylie. (S. Startzell, National Sign Plazas/R. 011ie, Planning Director) • Presentation from Vision North Texas—"Understanding Our Options For Growth". (K Walz, Project Manager/R. 011ie, Planning Director) CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the October 23, 2007 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2007-37(R) authorizing the City Manager to enter into an Interlocal Agreement with Collin County for the Olde City Park Land Acquisition and Improvements Project. (M. Sferra, Public Services Director) C. Consider, and act upon, Ordinance No. 2007-38 amending Ordinance No. 2006-04, Article 5, 5.1(A)(2): Animal Boarding/Kennel without Outside Pens, to allow such use by right within Light Industrial Zoning Districts. (R. 011ie, Planning Director) D. Consider, and act upon, approval of a proposal, in the amount of$40,317.00, from Trane to replace HVAC units at the Rita and Truett Smith Public Library and the Bart Peddicord Community Center. (M. Sferra, Public Services Director) E. Consider, and act upon, approval and final acceptance of the Stone Road Paving Project and authorize final payment to Tri-Con Service, Inc., in the amount of $51,118.42, and accept the project as complete. (C. Holsted, City Engineer) F. Consider, and act upon, approval and final acceptance of the Alanis Drive Paving Project and authorize final payment to Lacy Construction, in the amount of $44,614.16, and accept the project as complete. (C. Holsted, City Engineer) November 13,2007 Wylie City Council Regular Meeting Agenda Page 3 of 4 REGULAR AGENDA General Business 1. Consider, and act upon, Resolution No. 2007-38(R) adopting guidelines and criteria for the provision of tax abatement agreements. (S. Satterwhite, WEDC Executive Director) Executive Summary Over the last several months, the Wylie City Council has considered the merits surrounding the provision of a tax abatement to stimulate economic development within a commercial sector of the community. In order to do so, there are several procedural steps which must be taken in order to develop this type of incentive program. Public Hearings 2. Hold a Public Hearing and consider, and act upon, an amendment to Zoning Ordinance 2005-28 Article 3 (Residential District Regulations) as it relates to Yard Requirements, particularly non-enclosed patio covers. (R. 011ie, Planning Director) Executive Summary Staff is requesting to table this item until December 11, 2007, to allow additional time to research desired materials and wording, roofing types, distance, and size for non-enclosed patio covers as requested by the Planning and Zoning Commission. 3. Hold a Public Hearing to hear evidence for or against the creation of a Reinvestment Zone as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code. (S. Satterwhite, WEDC Executive Director) Executive Summary In compliance with the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code,this public hearing was published at least seven days prior in a newspaper of general circulation. As well, seven days' written notice of the hearing was given to the presiding officer of each of the other taxing units having jurisdiction over real property within the zone. A reinvestment zone is a contiguous area within which tax abatements can be offered. Prior to the creation of the zone by Ordinance, this public hearing must be held to allow any interested person the opportunity to present evidence for or against the designation of a reinvestment zone. At this public hearing, the City Council must find that the improvements sought within the zone are feasible and will be of benefit to the zone after the expiration of the tax abatement agreement and that the designation of the zone is reasonably likely to attract significant investment to the zone. 4. Hold the first of two Public Hearings regarding the need to continue, abolish or modify the City of Wylie Juvenile Curfew Ordinance No. 2005-08. (J. Duscio, Assistant Police Chief) Executive Summary Texas Local Government Code § 370.002 (a)states that before the third anniversary of the date of adoption of a juvenile curfew ordinance by a general-law municipality or a home-rule municipality or an order of a county commissioners court, and every third year thereafter, the governing body of the general-law municipality or home-rule municipality or the commissioners court of the county shall: (1) review the ordinance or order's effects on the community and on problems the ordinance or order was intended to remedy; (2) conduct public hearings on the need to continue the ordinance or order; and (3) abolish, continue,or modify the ordinance or order. November 13,2007 Wylie City Council Regular Meeting Agenda Page 4 of 4 General Business 5. Consider, and act upon, Ordinance No. 2007-39 creating Reinvestment Zone Number 6 as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code. (S. Satterwhite, WEDC Executive Director) Executive Summary Consideration of the attached Ordinance is the final step required prior to potentially entering into a Tax Abatement Agreement with Greenway Investments. All technical aspects of creating Reinvestment Zone Number 6 have been met. The primary issue relevant at this point is that the proposed environmental remediation and future commercial development(which will be detailed in the Tax Abatement Agreement presented at the December 11, 2007 Council Meeting) will result in a benefit to the City now and after expiration of the Zone designation. Further, as noted in Section 3 (e), 'the development or redevelopment of the property in the proposed Reinvestment Zone will not occur solely through private investment in the reasonably foreseeable future.' 6. Consider, and act upon, Resolution No. 2007-39(R) casting votes for appointment of a member to the Board of Directors for the Central Appraisal District of Dallas County for a two year term beginning January 1,2008. (C. Ehrlich, City Secretary) Executive Summary Recently passed House Bill 1010 has changed the appraisal process for cities in more than one county. Each county is required to appraise for their individual county; cutting off at each county line. Previously, each city could opt to appoint one county to appraise all property within the incorporated city,thus the City will know have three appraisal districts, Rockwall, Dallas and Collin performing appraisal of property within the City of Wylie. The Dallas Central Appraisal District has a five member Board of Directors;one representing the County (Dallas County Tax Assessor Collector), a representative appointed by the Dallas ISD, a representative appointed by the City of Dallas, a representative elected by the suburban cities (31 cities),and a representative elected by the suburban ISDs(16 ISDs). 7. Consider, and act upon, Resolution No. 2007-40(R) casting votes for appointment of a member to the Board of Directors for the Central Appraisal District of Collin County for a two year term beginning January 1,2008. (C. Ehrlich, City Secretary) Executive Summary The City of Wylie has 43 votes that they may cast for the Board of Directors of the Central Appraisal District of Collin County for 2008 through 2010. All votes may be cast for one candidate or distributed among any number of the nominees. Attached is the list of nominations submitted by cities and school districts within Collin County. The vote must be submitted to the Chief Appraiser before December 15, 2007. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. ADJOURNMENT CERTIFICATION 0; "'o'11 J,�,„, I certify that this Notice of Meeting was posted on,geti‹Q.,daygf. v, ber, 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texa?*Cgav nment Cod4(find that the appropriate news media was contacted. As a courtesy, this agenda is also posed air th• tirwa•. yW tiviibsi e: www.wylietexas.gov. ki)b-7 • Carole Ehrlic , ity Secretary e L. ......•°'Pc�```�. -,- ` Date Notice Removed E EX T pit Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 13,2007 Item Number: Presentation-1 (City Secretary's Use Only) Department: Fire Department Prepared By: Tommy Nicholson Account Code: Date Prepared: October 29,2007 Budgeted Amount: Exhibits: Subject Presentation of the "Star Tree" for the City of Wylie 2007 Reach For A Star Program. Recommendation None Discussion Started in 1999, Reach For A Star is designed to assist families in the Wylie community during the holiday season. Reach for a Star is an outreach program sponsored by the City of Wylie and supported by the WISD, community churches, and local businesses. Reach For A Star is modeled after similar national programs that allow individuals to become personally involved in donating to those who are in need. Through the combined efforts of community organizations and volunteers, the program brings smiles to children and families by providing new clothes and toys. Approved By Initial Date Department Director RC 10/29/07 City Manager d \ 11 Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 13, 2007 Item Number: Presentation-2 Department: PIO (City Secretary's Use Only) Prepared By: Craig Kelly Account Code: N/A Date Prepared: November 2, 2007 Budgeted Amount: N/A Exhibits: Subject Presentation to 2nd Six Weeks Star Students—Character Trait of"Respect". Recommendation N/A Discussion As a"Partner in Education,"the Wylie City Council honors Star Students in conjunction with Wylie ISD's Character Education. Every six weeks, each Wylie ISD campus selects one student who exemplifies the character trait for the respective six weeks. Approved By Initial Date Department Director CK 11/2/07 City Manager 1/f, I 116 0-7 Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 13, 2007 Item Number: Presentation-3 (City Secretary's Use Only) Department: City Secretary Prepared By: City Secretary Account Code: Date Prepared: October 30, 2007 Budgeted Amount: Exhibits: Subject Kick Off of The Salvation Army 2007 "Red Kettle" Campaign. Recommendation None Discussion November 16, 2007 is the opening day for The Salvation Army 2007 "Red Kettle" Campaign. Cynthia Olson with The Salvation Army, Dallas/Fort Worth Area Command has asked the City of Wylie Mayor and Council to contribute the first$1.00 donation to be made in the City of Wylie. Each year, more than 50% of The Salvation Army annual operating budget is generated through the "Red Kettle" campaign. Money collected in our community directly benefits area residents served by The Salvation Army DFW Metroplex command. The Salvation Army is pleased to report that on a national basis, 83 cents of every dollar donated directly benefits the individuals that The Salvation Army serves. Approved By Initial Date Department Director CE 10/30/07 1q � City Manager � � ( ( b j o7 Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 13, 2007 Item Number: Presentation-4 Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Date Prepared: 10/24/07 Budgeted Amount: Exhibits: Subject Presentation and acceptance of donated Polaris Ranger from the US Smokeless Tobacco Association. Recommendation None Discussion U.S. Smokeless Tobacco gives away 60 Ranger Polaris' each year through grants. Wylie Fire-Rescue applied for a grant with the U.S. Smokeless Tobacco organization in 2007. Over 3,000 applicants were received and Wylie Fire-Rescue received one of the Ranger Polaris units. Minor modifications have been made to the Polaris to be used as a mini-ambulance in congested areas (i.e. football games, Wylie Chamber of Commerce Rodeo, etc.) to maneuver patients to the actual MICU. This unit will also be used for rescues and/or rehab in hard to reach areas around the lake. The PowerPoint presentation available for viewing was created by members of Wylie Fire-Rescue and is the actual presentation which won the grant. Approved By Initial Date Department Director RC 10/24/07 City Manager 1 lb V7 Page 1 of 1 Wylie City Council - CITY OF WYLIE AGENDA REPORT Meeting Date: November 13, 2007 Item Number: Presentation-5 Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Date Prepared: 11-5-07 Budgeted Amount: N/A Exhibits: Subject Presentation of donated Weather Radios to Wylie Independent School District (WISD). Recommendation Discussion Wal-Mart donated funds to purchase weather radios for all the schools and public buildings. We would like to acknowledge their generosity, and the way this moves Wylie towards being certified as a Storm-Ready Community by the NWS. Approved By Initial Date Department Director RC 11I 5/07 City Manager Page 1 of 1 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 13, 2007 Item Number: Presentation-6 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: October 29, 2007 Budgeted Amount: Exhibits: 1 Subject Presentation of a Directional Sign to the City of Wylie by Steve Startzell,National Sign Plazas. Recommendation None Discussion National Sign Plazas, Inc. has been working in the directional sign and homebuilding industry for over 30 years. National Sign Plazas' primary purpose is working with municipal agencies to help them mange homebuilder signage without placing a chokehold on their development. National Sign Plaza acts as an intermediary; providing the City with a uniform, directional sign program that earns the City revenue (No Cost to the City), and provides the homebuilder with the directional signage that they need to sell homes. Approved By Initial Date Department Director RO 10/29/07 City Manager in VIA t i i 0 7 Page 1 of 1 <v� Q q R� w ��L Z Niii "Striving for A Quality Community' 2947 E. Broadway September 4, 2007 Suite 300 Pearland, Texas 77581 281-652-1659 E-mail: To Whom It May Concern: )wles@keeppearlandbeautiful.org Keep Pearland Beautiful was recently awarded First Place along with a $130,000.00 grant from the prestigious Keep Texas Beautiful Governor's Community Achievement Award. One of the many factors contributing to our winning this award was the uniform directional sign program implemented and maintained by National Sign Plazas, Inc. for the City of Pearland. Before this program was in place we had a huge problem with unsightly snipe/bandit signs that were placed illegally in our road right of ways.After the City of Pearland implemented a policy and contracted with National Sign Plazas,Inc.,builders' signs were permanently removed and replaced with attractive uniform sign plazas that actually help beautify our right of ways. Our organization would recommend projects such as those offered by National Sign Plazas,Inc. and its directional sign program for any growing community that would like to regain control of its city's roads and right of ways. Sincerely, Z71'Zit.;/4 SI ea-11-(--6--- Linda Cowles Executive Director Keep Pearland Beautiful Affiliate of: Keep Texas Beautiful Keep America Beautiful Prim i on recycled payer 1 -, National Sign Plazas, Inc. has a strong presence in the State of Texas with 10 cities participating in our program at no cost. More and more cities in Texas are realizing the benefits of ridding their right of ways of unsightly bandit/snipe signs while at the same time attractively branding their communities and generating revenue. The State of Texas has many cities and counties that are experiencing strong home building growth. National Sign Plazas, Inc. will work with these cities in helping them manage this growth in a uniform manner with directional signs that benefit the home builders as well as the cities. The following are Texas cities that have realized the importance of managing their right of way's with a National Sign Plazas, Inc. directional sign program: • Pearland • Conroe • Alvin • Richmond • Rosenberg • Hutto • Round Rock • Leander • Pflugerville • Little Elm r National Sign Plazas, Inc. has been working in the directional sign and homebuilding industry for over 30 years. Having worked closely with every type of homebuilder, local and national, prefabricated and custom, we have a unique knowledge of the directional sign needs of the homebuilding industry. We also have a unique understanding of the burden that these directional and homebuilding signs put on a municipality's developmental image. We realized that there needed to be a solution that met the growth needs for both the home building industry and local municipalities. Therefore, we pioneered the uniform directional sign kiosk that allows municipal entities to better manage their right of ways and image while at the same time giving the home building industry a stable platform to direct potential customers to their new homes in a uniform professional way. We work with municipal agencies to help them manage homebuilder signage without placing a chokehold on their development. National Sign Plazas, Inc. acts as a liaison; providing the municipality with a uniform, directional kiosk sign program that is not only free to the municipality but actually generates needed revenue and the home building industry with a stable 24/7 sign platform that will help them generate more home sales. National Sign Plazas, Inc, is currently doing business in the fastest growing and most demanding markets in the nation; Atlanta, Phoenix, Houston, Austin, Dallas, Chicago and Denver on both the city and county level. We are fully equipped to handle any municipalities' needs and will develop a program that will be customized to your standards so that you may continue to stand out from all others. National Sign Plazas, Inc. Uniform Directional Sign Program features: • Free fully managed uniform directional sign program. • Revenue generating program for your municipality. • Way-Finding Programs' available for branding your community. • Beautifies your right of ways by removing snipe/bandit sign clutter. • Effective and proven directional tool for home builders and developers. • Approved kiosk sign program by the Texas Department of Transportation. 4i_ri''' viiiiiroir 2.5"Corrugated Steel ,-* �,tr 4 , pipe(unless otherwise NATIONAL SIGN PLAZAS ti 4''4._ noted)and powder- - F, �• a - coated to your color ;: ,. ..,., % of choice Description: i 4 / Primary Kiosk Residential Development - j::-PAItiK.,'''. rL14,.� M K 4 Panels oriented in Date• 3-7-06 fg _ ,. ., ,.cLU Left,Right,or Straight format to increase Version: 1 n, Location: f CENTEX HOMES traffic safety. Under Primary Sign I e�Yt GLL V f eh11 Panels: n/a 4"" / L ( flab Homes of Arizona,Inc. Quantity: INEMENEMEMEMEMEN 1 2-3mm 4 'lit' RICHVIO' D Special Description: �/Q/ �0 A M A , 0 { These Kiosks are the perfect solution to an Sam 4 us-Home unorganized directional problem. We fully design 45' I them with the City's needs in mind;From the Topper Panel to the of /1120 i- vi C7 Powder Coat to the exact HOMES location. fPcww,L De.scr'•' tm/ Notes: The individual Panels are made of an , i These Kiosks are fully Aluminum and Polymer composite that scaleable to meet the is called Apolic. Apolic is fully rated to needs of any level of � Dot Triangular Slip development or be installed in the right-of-way and ` P II R R 11 I Base System Homebuilder need. meets wind-shear requirements. 4',8'and 12'lengths ilIMINMENNIMENNEMOMil are standard,but any Panels are 48''wide, 10" tall and ' 41 li �• i. height is achievable. 2-3 mm thick. They are full color and 41 I. ', ' ., 1 Lir !� 4'kiosks hold 2-4 panels. include the Homebuilder's recognized 8'kiosks hold 4-6 panels. / 12'kiosks hold 6-10 logo as well as a line of text. NATIONAL SIGN PLAZAS 888.982.1234 panels. 4'8" INN Information contained within these documents is the property of National Sign Plazas,Inc..and cannot be shared without expressed written consent 'z § � §^ �^ ''Cr'. • F.E. 1 4 pit a �, - u � :ti ,r,, r h / �Moiurreon,�omee .. k z • . 5 •"` 4 , e < CENTEX HOMES L• AAL1f �'YCJ• t �� 1 I-. yyyy//i��ij�RICHVIOND AME•IC AM HOMES ( A 0 rccru,— e� c Y! LENNgR. 1- ©io 0BF:tYLANq u rl. HOMES "©-' B Glit6ET4WNNOMES — s 'r,,F ''''''t.' '- . .'' • t 'V' . 0.(1,-JelY li . i ..rsi.-..r ST LAWRENCE —+ LIBRARY IHOMES , �' NATIONAL SIGtI PLAZAS (6EOJ h32 i:3: Cre�njshaw eFl, _ w 0 • ?ln o utlon • erSolution!ects.- • - - ! — ',440•••,-..-.• ! •--,.! 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IIIResidential Development National Sign Plazas' Residential Development Program offers our Clients a proven and effective way to manage their community image during periods of ` 4�. growth and development. By working with the home- 'm ) , f building industry in your community, not against them, NSP can help you develop a program that will provide your homebuilders with a necessary avenue for new home sales and your community with a revenue generating solution that will clean up, manage and maintian your right-of-way. 12'Primary Sign Plaza " , ,J-,41*--\' Y,� ; 1 a,4' "�1 sue; �N ' a f CENTEX HOMES f---,,= ILLtrt I* twi et t NNI IONNI.SIfN{'I.A/AS(NNN)911 L-11;34 I 8'Community Sign Plaza Our Residential Development Program is a tern- <`` u '� i.�"' �� porary program that only exists as long as your I Community needs it. We maintian an ongoing f L ,P--4��,P o� ; ` relationship with all of our Clients; one that ensures a continual understanding of their r needs and goals. NSP offers a multitude of T Po ` services to our Clients-these services help enable us to operate and maintain our Uniform 1 Directional Program beyond their expectations. f1 . A few of our services include porgram design I = and construction, program installation, p 9 L1 R. , IlLf, grounds maintenance,relationshiips and mem- berships with your local HBA,sign code revision ' N t ,it 5 f l v., 1 fl itd J 1 and enforcement, and repair/maintenance of c our signs. rw, Directional Wayfinding Whether your Community is experienceing new residential development or not,there are undoubt- edly important and historical areas that are of inter- of ST�r44` est to your citizens and visitors alike. A well (,°;4` designed Wayfinding Program,regardless of its size and scale, allows you to direct vehicle and pedes- trian traffic to these desirable destinations. NSP can help you design a Wayfinding Program that will `-•C''LiRSE IVIAP incorporate your Community identity and magnify your Community image. Municiple Wayfinding h.' South Hangar Dr. l z. ,. ...< f-iangaY D' • i _, B C, UB, >,: Airpoi a ! Dil i € 6 4k a�xx��; • Wayfinding Programs are being used around the country to help Communities just like yours direct citizens to sports venues, shopping districts and historical markers. These program will enhance your Community's beauty and your citizen's quality of life. Do to our unique market presence,NSP is capable of providing our Client's with the quality of national company and the service of a local one. Parks and Recreation Parks and Recreation districts offer your citizens a means to gather locally and socialize with one another. Many parks incorporate bike paths, athletic fields, picnic areas and playgrounds to encourage and enhance the socialization that exists within your Community. Park signage serves to direct,locate and identify different elements of individual areas,as well as the area itself This signage not only helps to identify common areas,but they can they be used to iden- tify help centers and first aid stations,as well. NSP can enhance your Community with Park Entry signs,bicycle directional %s,,a} maps and path signs,and many other effective and 1 ' it' ' + beautiful`Uniform Signage Systems. 14 i co) CI` ` PARK 6AF' va F 4. Betting ; v r GayeJ �» �' ..} t ..,_H ` Pool { � C „ ( .h. 'Tennis Gout t5 (f M', o` Concession - Civic- Gcnter 1 F'ar king 1, �kIl. L� 9c; rt House Park open daily'horn l;ant to11 'r., ot t, Museum Parkingot j _,, ,„ ,. LEAGUE C ., °�`..,......_ . :`- • .f C.' t\Eng s' Hiking Horseback et, Camping Riding 0 Flags and Banners ....___ ,,,„ ,., . , ,. ). :.,_ ) ,,... . , ( i . Ai , . . . , _ .„. . . , ._________ • '4%... ' --:.. --:.-, H.v t\- ,1 p ( N ( tto, , , N 1 ,, i „ 1 Sr N: . �► Whether utilized at an historic location or to promote Community events, Attention Flags and Banners are easily incorporated in to your Community's streetscape and background for the xjY } ; temporary promotion and identification of impor a 1 tant Community events. These Flags and Banners # �, �' r 1 � can be easily mounted to existing structures and r ' � � � • lamps posts to offer a distinguised highlight ,,. ' z1 { 3 ` wihtout an excessive installation effort. NSP:i� C i ` s works with our Clients to ensure that their use of ,xr , N h n , f 77- Flags and Banners is effective and enhances their Community Image. xvJo Design Services irrr National Sign Plazas keeps a fully trained Graphic Design and Production team on staff in order to ensure your programmatic signage designs are met in a timely manner. Our team works closely with our Clients and their staff to effectively incorporate all of our Client's desires in to the final design and production plans. You spend a great deal of time and energy sculpting your Community Image and NSP offers products, systems and solutions that will enhance those elements already in place,while helping you to create new ones. 0 Comprehensive Sign Programs III +'The National Sign Plazas Comprehensive Sign Programs are custom tailored signage systems that incorporate two or more of our products and/or services. , ,1., t,}_,,:, The NSP Sign Programs are designed to add a cohesive element to all of your signage systems. Whether you are plan- ning to install a Residential Development Program in conjunc- FARMERS f Ai MFRS tion with a Wayfinding Program, a Parks and Recreation MARM I MAR1,1 F Program that dovetails in to a Pedestrian Directional Program, i or all of the above,National Sign Plazas can create a Compre- 1 hensive Sign Program that will bring the design of each of these signs together in a manner that will enhance your Corn- munity Image. Call us today at (888) 982-1234 to find out how you can get started with your next Directional Sign Program, 41( 'tom,. s '''''. ''7410kV--,\, ,'f 1 0 LENNAR HOMES MINIMMINIIMINMEMIMM 0 CENTEX HOMES F Aspen Drive Main Street 3 Q l/1nche Humes of Arizoms,Inc. v. AM i F cIC AN Ii MES LEAGUE CITY , 1 f ,wire . . O j 0 ,uS-Home i , Biking 3 Hiking 11111111111111111111111111111111111111111111111111 Fry- Lae�o li-,o- 1 Horseback it, Camping Riding KB . ,t,, fi,';, HOME //e ,-(.r' L PARK ° ® LIBRARY LR 0 i X' -4 t' r r t A 9 ;' fi M fib; - e z H 3 t 'w f # . Y. �� r R LR: € * e r Jy , t k ,� , y r :;17 - c eo'w -`�'` i ,ckg;-4 �" t``t f)i f' F T�, l r i r i F 8 t ' 3k C" y *' '}'r,'{'' f x; ', ' S *�"e . .;4�r^t s�At'%s p , 2 ,1 i m "-' r t- A''' s-d;=, »4 '' ' y i- , a , § ,f z _«i �a g:, r3 rs, M,,', s 0 ,, ✓sM ,7' rt ,. _ ice, . 3 9��,:i v1_ .. k Y:„ ,>.�.L.1,.,2,_.x..$..9?..,......er n.... .r >.,..s_ .. .,,..,. ,--- . <. a Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 13,2007 Item Number: Presentation- 7 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: October 29, 2007 Budgeted Amount: Exhibits: 1 Subject Presentation from Vision North Texas—"Understanding Our Options For Growth". Recommendation None Discussion Vision North Texas is a private-public partnership designed to increase awareness about the growth expected in North Texas and to involve people & organizations in initiatives that accommodate that growth successfully. Approved By Initial Date Department Director RO 10/29/07 { City Manager YOik t . Page 1 of 1 441indss ion North Texas Pr{ ;r�O Opt o 5 Cor moth Vision North Texas Executive Summary Begun in 2004,Vision North Texas is a private— public partnership that works to increase awareness about the growth expected in North Texas and to involve people and organizations in initiatives that accommodate that growth successfully.The partnerships'three Charter Sponsors are the Urban Land Institute's North Texas District Council (ULI), the North Central Texas Council of Governments (NCTCOG) and the University of Texas at Arlington (UTA).Vision North Texas'activities are directed by an ii-member Management Committee representing the Charter Sponsors and other leaders in the private,public and academic sectors, and are guided by more than 6o Advisors representing key private and public sector entities. Vision North Texas began with a regional visioning workshop that was held in April 2oo5 at UTA.This workshop brought together a diverse group of stakeholders from across the region to discuss alternatives to the pattern of urban growth that is expected in the area.They defined 15 alternative scenarios that provide a better quality of life, sustainability and economic vitality for the people who will live and work here in the future. Following the success of this workshop,Vision North Texas engaged in initiatives related to education and outreach, public involvement, research into development best practices, and policy decisions.The partnership has engaged many stakeholders from across the region in discussing our region's options, through activities including Subregional visioning workshops, speaking and education events, and city-type forums. And these stakeholders have urged Vision North Texas to help our region take action. Vision North Texas is now building upon these findings by developing North Texas 2050, a preferred vision for our region's development and an action package to accomplish this vision. We invite you to join us in this effort. Learn more at www.visionnorthtexas.org. For more information contact Karen Walz, Project Manager for Vision North Texas at karenPplanforaction.com, or Ellen Smith Yost, Public Outreach Specialist, at(817) 608-2361 or eyostPnctcog.org. Vision North Texas November 13, 2007 North Texas Region - 2005 Households Jobs Vision North Texas: I:\ .., ; , i, c ...c, ,..„ _c_—Understanding i .. :• ::;*, ipe r;.- ........), - — iv- , . •Our Options for Growth /- ,.- -,? t -.,• ,-----# - '.• , "-,-- - 70, 1 / \ •-•:t-: s...,,,L.,A , r )..,_. " -, • -it.' '' -z.', sr, ) - t- .E= City of Wylie November 13,2oo7 1 5.8 Million People 1 3.6 Million Jobs 1 4 Vision North Texas thuler&taneKtioetrOpons Co(eratoth 4 Vision North Texas Voriers<E,Inc1;80 Our Opt:oft Zor Growth North Texas Region - 2030 nfly ÷ Add$71 Billion z Y Households Jobs CUrre •ear 2030 For Transportation Improvements a 1— i\ 1, , -,, ,• ,, i •Rail allintmer t`'.'1•4I •HOV/Managed i-F•71.110,-- r 1„,.. --'--,„ ,Ake • - lc -'' , /OPP dir , •Ton., , i •,* . i 1 lr ''' ' - ' .4/ ii "0 ,... •Freeways 0i:if ' • 1 del......epor 'a_.4...... ,,,.. •Intelligent ,:-. , , r '; -,„.4.,,,,-,7 ..-- ,•-,.,,L. ...„ .,- f., — ,..,402,,L,„„..„:2e,„___ Transportation 1.1, ,,,;..•4111.r .022 M..V.-#(:,.. '..Vr.`c6 4 /\ Y \ ..\ ---- Systems Tri7. II\ ::,,,,ifie,...,,;,,.&.''''',f41974.... ,1 .1.1. 2,1;7 t;. ,,,•ik. ,,,..„ •i . , ,., / •And more 30:414, iiih: till ....,.... •, 13,4„ QUM.. Imam Demographic Chsnaen. 19.1 Million People I I 5.4 Million Jobs 1 1 •2 6 million additional persons 1111 ...reer........ 111....Kammeweese •1 6 million new Jobs 4,Vision North Texas undersuncikaots-OpCons,Vorerowth 4 VisionNorthTexas UnciersfAmi>t Our Opi;ansVor erowth Growth Affects Important Assets Ten Principles of Energy ...... .......' Ilk ... Water Supply Development Excellence —is* 4.77**-..0., Water " ....4. ..., . Quality '. ---=-77---L-*-116*Open ,.' . , ' --- . 1. Development Options ';,.„, ''''.-6 ,,,...0-1,...1.- , 1.-,11C• Spaces 2. Efficient Growth ,...,. 1 ...*,•• A 3. Pedestrian Design . ,..*ftellila ' 4. Housing Choice \cL. Air Quality _. A '144,' 5. Activity centers Storm Water V A 6. Environmental Stewardship --- ManagelD74, 7. Quali011ice0_ 111.1..Piiii en #1,3111Pr " Agricultural 8. Transporta_Wtmliffici cy . Urban Forest ' Lands 9. Resource Efficiency 10. Implementation ' Vision NorthTexas un4irr.0"018 Ay°P6;°nIcIr er"th /,,Vision North Texas onderstanci41 Our Opt ons cot-growth 1 Vision North Texas November 13, 2007 Why Vision North Texas? What This Is Not i. Increase public awareness of the • A requirement growth that's projected for our region • An effort to create a new level of 2. Educate participants about the regional government implications of regional growth 3. Understand the options we have for • A change toward regional decision accommodating that growth making 4. Create a forum for discussion about • An overall land use or zoning plan for public and private sector actions the Metroplex 4 Vision North Texas Undersmnd g ow opCons Vow-Growth 4 Vision North Texas UndersiAnd:tt Our opiaons For 6rotu h Vision North Texas: Broad Support from Private and Understanding Public Entities Our Options for Growth • 4o Public Sector Sponsors Charter Sponsors • 27 Private Sector Sponsors, including: Mai ` W Titanium Sponsor: Ell U �hLga d Vie.% I�IStlttIl Urban Land Platinum Sponsors: North Central" < Institute,North The University 1 i H I LLWOOD Texas Council of Texas District of Texas at A,,, C_reP,18 Governments Council Arlington Harold Simmons Foundation ,4 Vision North Texas th9derstoxPt oar O f•Ge u'or Growth 4. VIsion North Texas undo-401144;T our OeVens For 6rowth 16 County Region for Vision North Texas What have we been doing? waw.,wart.,.... i Four major initiatives ' t. Education& ,. ww., ';w», �:. jy Outreach ,'' �, 2. Public w r -- >ww a " Involve le n,)" s �- r g. Resear into Deve. pment Exlence Best -. Practices w • 4. Policy Decisions '4,Vision North Texas unriei mdk8 ow°K ns Vor Growth ,Vision'North Texas thscIthionot our opt:' ons co,-6roi h 2 . Vision North Texas November 13, 2007 Vision North Texas Events • Regional Visioning Workshop Participants - Interests —Public-private,Regional Visioning Committee planned event • Professional&trade • Public officials —Committee chairedby Fernando Costa,AICP organizations -Cities — Included 15o public and private participants from throughout the region • Neighborhood&cis is —Counties —Held on April25,2005 at the University of Texas at Arlington groups —Other agencies • VNT LeadershipSummit • Non-profit& • Business&economic philanthropic deg elopment — Included VNT participating local government leaders p — Heldol September 25,2oo6at the Arlington Convention Center • Faith-based • Development • SubregiortalVvorlshops • Finance • Academic —Focus on specific parts of the region • Environmental • Other interests Vision North Texas ondenfold;n8 Ow Opiate Cyr rowth 4 Vision North Texas Vndarstandan ot,r Opt;ons erowEh c$ .. i r mow` _ Y •• s w• ,. T-.. : _., ,10,-. .:0 -..,,,....tiA --- . - „,....4, _, Can You Create a M ore Successful %I &Sustainable Region? •.'. '-- `,Vision North Texas understand ti Our Opt;odn Far 6rowd Vision North Texas undersFand Al'opfaons or 6r owth_ Table#7 Report from Morning Exercise Sustainable Development can make a Difference • Nineteen scenarios studied -NCTCOG 203o Forecast " —15 Workshop Scenarios -Rail,Infill& a• �.+ "'� : f Polycentric i � w rwts :� s • 'I.d� ' • . : savings s s Transit Oriented Development —Ill ., r — ' Mixed Use Table a 7 Model Centers NCTCOt2.2bd�b-2o3oForecast , ++ Around t Headline: merging New Growth a Region CentersThrough Transit Oriented „me -y Development Iafin Along Roadways, Vision North Texas (*enfold ,,ourOpf.olnCa'6row6h ,, ,,,V 'NorthTexas t ddo- m4 gDu�d rrinsFargrow h 3 Vision North Texas November 13, 2007 Leadership Summit Issues Subregional Worksho s s • Core,/Inner Tier Southeastern Subregional —Continuous reinvention& a Workshop(Jan.2007) changing development most of Kaufman end°DElls c nuns patterns Southwestern Subrer onal —Community character ® Workshop(June_ 07) —Quality of life —IncludedPinto parts Tarrant,Parker, Palo counties,all of Hood& • Outer Tier Johnson counties' Partnership v.�AIA Fort Worth —New development (as part of ASA lgp) i.., F—Sustainability Futre Vs orkshops pkinned for—Leadership,communications : z°o8:&consensus-building •Northrcestern Subregion ., . •Northeastern Subregion , 473 4 Vision North Texas undeiVAr i:ne Our Opt orn>ror Growth „( Vision North Texas undersiAnd;15 our Opf;ori for Growth Vision North Texas Research Potential • Greenprinting Initiative Greenprinting Goals t r Pro\"ide Connectivit\via Trails —Method developed by the • Create New Opportunities for Trust for Public Land •- Recreation Access and Parks —Computerized' mapping _ •« • Protect Habitat defines imtortant natural • • Preseree Sense of Place and assets ,' Cultural Assets —Stakeholder input sets • Minimize Flooding Impacts Priorities • • Protect Water Quality and —Result will be`practical Water Supply tool for decision-makingM • Improve Air Quality 4 Vision North Texas undersfa►d n our Opiaau Vac Growth ` Vision North Texas ls+rs#and;►8 our Opik"ro-Growth Stakeholder Input: Should we set Work Plan for 2007 - 2009 regional investment priorities based on a preferred growth scenario? • By the end of 2o9,NCTCOG and ULI will adopt"Noh Texas 2050" • Regional Visioning Workshop(April 2oo5): . 83%supp • Covers all i( ounties • Leadership Summit(September zoo6):94% • Addressesr'Challenges through 2050 for a regional urban form 'i' • Soutastern Subregional Workshop • Process„includes community input& (Ja1 ua yngooy):96%support research • SouthwestetSubregional Workshop • "Best Practices"support continues (June 2007):96%support ''.4 Vision North Texas understan4;n8 our of.Gonac,Growth 4'.Vision'North Texas uttiorstak)048 our Oe ons°drowth 4 Vision North Texas November 13, 2007 North Texas 2050 Regional Vision Statement • Broad statement of Vision&Goals • Address key issues affecting the region's • One or more Scenarios depicting desired or future,such as: preferred regional urban form,land use and -Transportation development patterns -Water&energy use • Regional Infrastructure Frameworks -Open apace&natural assets -Integrate all major public infrastructure systems -Land use or development pattern -May include other regional assets -Economic competitiveness • Guiding Principles for pattern&character of -Climate change growth -Built on Principles of Development Excellence 4 Vision North Texas Undsrstan i;T ow Op oin For&rowth 4 Vision North Texas Understand g our Opt;om For&moth Action Package How Can You Be Involved? • Tools,Technical Assistance,`Decision • As a Public Partner Playbook' • On Vision North Texas committees and -Examples of bet practices(model ordinances, case studies,cost-benefit assessment) working groups -Incentive programs(financial,streamlining, • As a participant in upcoming other) subregional workshops -Partnerships&collaborations • In research and design projects -Indicators and milestones to measure progress • Designed'""for<ise by many different decision • As part of the effort to create"North makers(private&public) Texas 2050"' 4' Vision North Texas enders 4 our opt;o►a For&rowth 4 Vision North Texas rs d0j OW Opa"V'or&'owtb "Business as Usual" will not be successful or sustainable We invite you to be involved in the next steps for Vision North a : Texas f r f'4r4o, - f , :v sionnorthtexas.org Building a nevi regfonal consensus—beginning with ` Vision North Texas—may help us achieve both. www.developmentexcellence.com Vision North Texas underganett our opCoas For drowtti Z r Vision North Texas tyndersto4 y our of ons Far growth 5 Wylie City Council CITY OF WYLIE Minutes Wylie City Council October 23, 2007 - 6:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:02 p.m. Council Members present were: Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Merrill Young, Councilman Rick White, and Councilman Carter Porter. Mayor Pro Tern Red Byboth was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Fire Chief, Randy Corbin; Assistant Police Chief, John Duscio; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Public Library Director, Rachel Orozco; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Wylie citizen Jim Griffin gave the Invocation and Councilman Goss led the Pledge of Allegiance. PRESENTATION • Presentation of County Bond Proposition by Collin County Commissioner, Precinct 2. (Commissioner J. Hoagland/J. Butters, Assistant City Manager) Collin County Commissioner Jerry Hoagland presented information regarding the November 6, 2007 Special Bond Election for Collin County. He explained to Council the importance of the three committees that were appointed by the Commissioners to review three areas of need within the County. He stated that the first proposition was for infrastructure which included thoroughfares for 19 Collin County cities and included 113 projects. He noted that the City of Wylie was directly benefiting from the proposed bond proposition with improvements to: Brown Street from FM 1378 to Ballard Ave; Stone Road from Akin Lane to County Line Road, and McMillan Road from McCreary to FM 1378. These projects are funded 50/50 between the City and Collin County. He reviewed some of the projects included in the proposition for Collin County facilities expansions and the proposition for Open Space and Parks. He asked the City Minutes—October 23, 2007 Wylie City Council Page 1 Council and citizens of Wylie for their support in passing these propositions crucial to the expansive growth in Collin County. • Presentation of Proclamation - Friends of the Library Week, October 21-27, 2007. (R. Orozco, Library Director) Mayor Mondy and City Council members presented a Proclamation to Friends of the Library president Jerri Smith denoting October 21-27, 2007 as "Friends of the Library Week". He thanked them for their tireless support of the Rita and Truett Smith Library. Also present were: Barbara Watson, Friends Public Relations; Chair Gerri Washington, Friends Membership Chair; Jim Griffin, Library Board Member, and Sara Meyer, Friends Member. Also present was Rachel Orozco, Library Director. • Presentation and recognition of participants in the National Community Planning Month. (R. 011ie, Planning Director) Mayor Mondy and Planning Director 011ie, assisted by Planning Assistant Mary Bradley recognized students from Smith, Davis, Draper, and Harrison Intermediate Schools who participated in the National Community Planning Month Drawing Contest. Mayor Mondy gave certificates to the three top winners which included: Marcus Riley — Davis Intermediate, Teacher: Ms. Atlanta Tigert; Jared Davidson — Draper, Teacher: Ms. Tina Stanfield, and Hunter Lucas — Harrison, Teacher: Ms. Charlotte Pickett. 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. Bill Baumbach residing at 505 Rustic Place, Wylie addressed Council asking Council and citizens to support the Collin County Special Bond Election propositions. He stated that sometimes the common good requires by-partisan action and this is one of those times. He commented that he wanted to support as strongly as he could the upcoming Collin County Bond propositions to be voted on November 6, 2007. He stated that they are good for Wylie and the citizens of Collin County. He requested everyone's support. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the October 9, 2007 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Final Plat creating two (2) lots for Oncor Lavon Switching Station, Block A, Lots 1 & 2 generally located north of Brown Street extending to SH 78 and west of Eubanks Lane. (R. 011ie, Planning Director) C Consider, and act upon, adoption of the Public Arts Advisory Board Bylaws approved by the Public Arts Advisory Board on September 20, 2007. (C. Ehrlich, City Secretary) Minutes—October 23, 2007 Wylie City Council Page 2 D. Consider, and act upon, Ordinance No. 2007-35 amending the zoning from Planned Development (PD) District with a Specific Use Permit (SUP) to Planned Development (PD) District for Neighborhood Service uses on 2.029 acres, generally located on the NEC of Collins Blvd. & F.M. 544 (S. Stone Rd.) ZC 2007-05. (R. 011ie, Planning Director) E. Consider, and place on file, the monthly Revenue and Expense Report for the City of Wylie as of September 30,2007. (L. Williamson, Finance Director) F. Consider, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2007. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Councilman Young, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, an amendment to Zoning Ordinance No. 2006-04, Article 5, Section 5.1(A): Amending Agricultural and Animal-Related uses, establishing regulations specifying the location of Animal Boarding Kennel with or without pens throughout the City. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that staff was approached by a property owner who desired to operate an Animal Boarding/Kennel within the City limits of Wylie. The property is located within the Light Industrial Zoning District. Animal Boarding Kennel with outside pens are allowed by right in Heavy-Industrial (HI) zoning districts, with an SUP in Agricultural 30 (AG/30) and Commercial Corridor (CC) Districts. Animal Boarding Kennel without outside pens is an allowed use by right in HI and CC districts. A Specific Use Permit is required within the Neighborhood Service and Community Retail Districts. Animal Boarding Kennel with or without outside pens are prohibited within the Light Industrial Zoning District. She explained that the property owner was within the Light Industrial Zoning District. She stated that it is staffs opinion that the use may have gotten overlooked during the transformation from Business Center District to Light Industrial. Therefore an ordinance amendment to reflect this use is requested. She reported that the Planning and Zoning Commission considered this amendment at its October 2nd meeting. Several issues were discussed during the public hearing. The greatest concerns were outside pens being a nuisance in regards to odor and/or noise, its proximity to a property line, and most importantly the number of animals allowed. The Commission also discussed putting guidelines in place to regulate the number of animals allowed. The Commission suggested that staff gather additional information prior to the Council meeting in regards to whether state laws were in place that regulate or provide guidelines on the number of animals allowed. Staff did not find any state or local provisions that regulate the number of animals allowed. The Commission voted 6-1 to recommend the following amendment to Article 5, Section 5.1(A.1) and Article 5, Section 5.1(A.2): Minutes—October 23, 2007 Wylie City Council Page 3 Article 5, Section 5.1(A.1): Agricultural and Animal-Related —Animal Boarding Kennel with Outside Pens require a Specific Use Permit (SUP). The SUP requirement for a use in a district does not constitute an authorization or an assurance that the use will be permitted. Article 5, Section 5.1(A.2): Agricultural and Animal-Related — Animal Boarding/ Kennel without Outside Pens be a permitted use by right within the Light-Industrial (LI) District. Public Hearing Mayor Mondy opened the Public Hearing at 7:02 p.m. Greg Litrell residing at 508 Shore Drive, Wylie addressed Council stating that he was requesting the ability for indoor pens by right and was not interested in obtaining outside pens at this time. He reported that his neighbors had llamas, donkeys and horses on their property. He requested approval of the amendment to zoning to include the proposed provisions. With no one else wishing to speak, Mayor Mondy closed the Public Hearing at 7:09 p.m. Council Discussion Mayor Mondy asked Planning Director 011ie what exactly the issue was. Planning Director 011ie reported that there were two amendments before Council, one to allow Animal Boarding Kennel with Outside Pens requiring a SUP; with no guarantee the authorization for use will be permitted, Article 5, Section 5.1(A-1) and the other amendment would allow Animal Boarding/Kennel indoor pens, without outside pens be a permitted use by right, Article 5, Section 5.1(A-2). Currently neither one is allowed within Light Industrial Zoning. She explained that currently the ordinance did not allow for any type of grooming, outdoor or indoor boarding/kennels. Councilman Goss commented that he did not have an issue with clarifying and allowing Article 5, Section 5.1 (A-2) for indoor pens with no outdoor pens by right. He noted he did have a problem with outdoor pens, Article 5, Section 5.1 (A-1). Councilman Goss asked Planning Director 011ie for clarification that if the Council amended Article 5, Section 5.1 (A-2) only and did not amend Article 5, Section 5.1 (A-1) then outside pens would not be allowed in Light Industrial District even by SUP. Ms. 011ie replied that this was correct. City Manager Manson explained that the request before Council was actually a staff request brought to staff by a citizen asking about this type of business within Light Industrial Zoning. She stated that what Council is being asked to consider tonight is not site specific to a property owner but for the entire Light Industrial Zoning District. The consideration is, does this meet the purpose and intent of the Light Industrial District? Councilman Porter asked City Manager Mason if the motion could be amended to include indoor pens and no outdoor pens. City Manager Manson replied absolutely. Council Action A motion was made by Councilman Goss, seconded by Councilman Porter to amend Zoning Ordinance No. 2006-04, adding Article 5, Section 5.1 (A-2) Agricultural and Animal —Related — Animal Boarding/Kennel without Outside Pens be a permitted use by right within the Light- Industrial (LI) District. A vote was taken and passed 6-0 with Mayor Pro Tem Byboth absent. General Business 2. Consider, and act upon, Resolution No. 2007-35(R) supporting the 2007 Collin County Transportation Committee bond recommendations. (M. Manson, City Manager) Minutes—October 23, 2007 Wylie City Council Page 4 Staff Comments City Manager Manson addressed Council stating that earlier this year the Commissioners Court appointed three committees to make recommendations of projects to be included in the 2007 Bond Election. The Transportation Committee, which included Earl Newsom, began a series of meetings to review the requests from Collin County cities. The projects in Wylie are: Brown Street from FM 1378 to Ballard Avenue; Stone Road from Akin Lane to County Line Road; and McMillan Road from McCreary to FM 1378. The cities of Murphy and Sachse also have projects on the recommended list which are linked to Wylie thoroughfares. Council Action A motion was made by Councilman Young seconded by Councilman Porter to approve Resolution No. 2007-35(R) supporting the 2007 Collin County Transportation Committee bond recommendations. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. 3. Consider, and act upon, appointment of a City Councilmember to serve on the City of Wylie/Wylie Independent School District (City/School Partnerships) Partnerships Sub-committee. (M. Manson, City Manager) Staff Comments On October 25, 2007 the Wylie City Council approved Ordinance No. 2005-55 creating the City of Wylie/Wylie Independent School District Partnerships Subcommittee. This ordinance provided for a three member representation from both WISD (Trustees) and the City (Council members). The May 2007 General Election caused a vacancy to the subcommittee, with Eric Hogue not seeking re-election, therefore Council is asked to name a replacement to the City Subcommittee. Other members serving on the City Subcommittee are Mayor John Mondy and Councilman Rick White. The City Manager serves as the facilitator to the City Council Subcommittee for WISD Relations. School trustees include: Susan Shuler, Ronni Fetzer, and Barron Cook. Dr. Fuller is the facilitator for the School Subcommittee for City Relations. Council Action A motion was made by Councilman Porter, seconded by Councilman White to appoint Councilman David Goss to the City of Wylie/Wylie Independent School District Partnerships Sub-committee. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. 4. Consider, and act upon, Ordinance No. 2007-36 repealing Ordinance Nos. 2004-25 and 2007-25 and amending Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic and providing for a penalty for the violation of this ordinance. (J.. Duscio, Assistant Police Chief) Staff Comments Assistant Police Chief Duscio addressed Council stating that the changes requested in the proposed Ordinance were as follows: Section 110-133. 2) (e) Expand the school on WA Allen 460' to the north to the crosswalk located at WA Allen and south Surrey Circle. This would change this subsection to read as follows: Amend the school zone on W.A. Allen Boulevard from a point 1000 feet north of the point of its intersection with Springwood Lane to a point two-tenths of a mile south to the intersection of Stone Minutes—October 23, 2007 Wylie City Council Page 5 Road. Assistant Chief Duscio explained that this area is in a curve making the line of sight difficult. By expanding the school zone to the north traffic will be slowed prior to entering the curve. Amend section Sec. 110-133. 2) (s)times. The times that school starts and lets out have changed. We are requesting to change times from 7:15 am to 8:00am; to 7:15am to 8:45 am and from 2:40pm to 3:15pm to 2:40 to 3:45pm. He explained that this would cover start and end times for 2 schools on Hooper Rd. The last amendment is to repeal section 110 -133. 5) (a) Stone Road from Ballard to Akin. This stretch of road way has undergone widening to 4 lanes. The area was monitored for two weeks for pedestrian traffic, specifically school aged pedestrians crossing. Minimal pedestrian traffic was observed with most crossing at the controlled intersection of Ballard and Stone where there is a crossing guard. He reported that he and the city engineer are in agreement that there is not a need for a school zone at this location. Council Action A motion was made by Councilman Porter seconded by Councilman White to approve Ordinance No. 2007-36 repealing Ordinance Nos. 2004-25 and 2007-25 and amending Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic and providing for a penalty for the violation of this Ordinance. A vote was taken and passed 6-0 with Mayor Pro Tem Byboth absent. 5. Consider, and act upon, Ordinance No. 2007-37, amending Ordinance No. 96-1 to provide regulations regarding areas of shallow flooding and flood ways. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that the Texas Commission on Environment Quality (TCEQ) conducted a Community Assistance Visit(CAV) for the City of Wylie. The purpose of the CAV is to evaluate and assist the City in its administration of National Flood Insurance Program (NFIP) requirements. TCEQ noted during their visit that the City should update the flood damage prevention ordinance to add requirements for areas of shallow flooding as well as flood ways as identified by the NFIP. He reported that the proposed ordinance adds sections to our current ordinance to meet the requirements as outlined by the TCEQ. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Ordinance No. 2007-37 amending Ordinance No. 96-1 to provide regulations regarding areas of shallow flooding and flood ways. A vote was taken and passed 6-0 with Mayor Pro Tem Byboth absent. 6. Consider, and act upon, all matters incident and related to approving and authorizing publication of notice of intention to issue of $2,000,000 Combination Tax and Revenue Certificates of Obligation, Series 2007B including the adoption of Resolution No.2007-36(R) pertaining thereto. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the citizens of Wylie approved the issuance of $1,500,000 General Obligation Bonds to build a new fire station. The estimated cost to build the fire station is approximately $3,400,000. The $2,000,000 Certificates of Obligations are being sold to Minutes—October 23, 2007 Wylie City Council Page 6 Council Action A motion was made by Councilman Porter seconded by White to approve all matters incident and related to approving and authorizing publication of notice of intention to issue of$2,000,000 Combination Tax and Revenue Certificates of Obligation, Series 2007B including the adoption of Resolution No. 2007-36(R) pertaining thereto. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance Nos. 2007-35, 2007-36 and 2007-37 into the official record. Mayor Mondy convened into Executive Session at 7:35 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.071 consultation with Attorney; Closed Meeting • Pursuant to Section 551.071, Texas Government Code, Consultation with attorney for the city regarding potential litigation by the Homebuilders Association of Greater Dallas against the City regarding the validity of the Fire Station fees (Fire Development Fees)provided for under Ordinance 2007-12 of the City of Wylie Texas. §§ 551.072 deliberate the purchase, exchange, lease or value of real property generally located at: • In the vicinity of Olde City Park at State Highway 78 and Ballard Street. §§ 551.087 deliberations regarding economic development negotiations. • Consider Issues Surrounding the Provision of Economic Assistance to Direct Development as Authorized in Section 551.087 (Economic Development Negotiations) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). §§ 551.087 deliberations regarding economic development negotiations. • Consider issues surrounding a Performance/Incentive Agreement between the City of Wylie and Greenway Development Company as authorized in Section 551.087 (Economic Development Negotiations) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). Minutes—October 23, 2007 Wylie City Council Page 7 Mayor Mondy reconvened into Open Session at 9:09 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: No Action was taken as a result of the Executive Sessions. ADJOURNMENT With no further business before Council, Mayor Mondy adjourned the meeting at 9:10 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—October 23, 2007 Wylie City Council Page 8 Pit Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 13, 2007 Item Number: B Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: October 29, 2007 Budgeted Amount: Resolution/Interlocal Exhibits: Agreement Subject Consider, and act upon, Resolution No. 2007-37(R) authorizing the City Manager to enter into an Interlocal Agreement with Collin County for the Olde City Park Land Acquisition and Improvements Project. Recommendation Motion to approve Resolution No. 2007-37(R) authorizing the City Manager to enter into an Interlocal Agreement with Collin County for the Olde City Park Land Acquisition and Improvements Project. Discussion The 2003 Collin County Bond election established a pool of funding for park and open space development in Collin County. The County took the approach of establishing a matching grant system as the means of distributing the funding throughout the County. The grant is set up as a 50-50, dollar-for-dollar, reimbursement program. Staff received notice in March 2007 that the County was accepting grant applications for the development, expansion or improvement of parks and open space. On June 26, 2007, Council approved a Resolution authorizing the application for a Collin County Park and Open Space Grant for the purposes of land acquisition and improvements for Olde City Park. The application was submitted to the County on July 5, 2007. On October 9, 2007, Collin County Commissioners Court approved an award of$330,000 to the City of Wylie for this project. The scope of this project consists of purchasing approximately 1.5 acres of additional open space to enlarge Olde City Park and to install the following improvements: underground drainage, a 20 - 25 space lighted parking lot near the existing pavilion on Jackson Street, a restroom facility, concrete sidewalks, landscaping, irrigation, benches,tables, and lighting. Negotiations are currently underway with representatives of Kansas City Southern(KCS)to acquire two parcels of land nearest the existing park. The third parcel is owned by Collin County, and the County has indicated a willingness to sell the parcel to the City upon the City's acquisition of the two KCS parcels. Based on the outcome of current negotiations, the City's matching fund commitment for this project may exceed the $330,000 award from the County. The proposed sources of funding are the Park Acquisition and Improvement fund and/or the 4B fund. Page 1 of 2 Page 2 of 2 The Interlocal Cooperation Act of the Texas Government Code enables local governments to contract with other agencies for the performance of governmental functions and services. The attached Interlocal Agreement establishes the responsibilities of the City and the process for reimbursement. Approved By Initial Date Department Director MS 10/29 07 City Manager 1 t 1'" 1 0-7 RESOLUTION NO. 2007-37(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR THE OLDE CITY PARK LAND ACQUISITION AND IMPROVEMENTS PROJECT. WHEREAS, the County of Collin, Texas, is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens and residents of Collin County; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the 2003 Collin County Bond Election established a pool of funding for park and open space development in Collin County; and WHEREAS, the County of Collin, Texas and the City of Wylie, Texas desire to enter into an agreement concerning the acquisition of land for and development of Olde City Park (Phase II) in the City of Wylie; and WHEREAS, the City of Wylie and Collin County have determined that the land acquisition and development of park land may be performed most economically by implementing this agreement; and WHEREAS, this agreement will benefit the residents of the County and provide additional park and recreational facilities and open space for all County residents; and WHEREAS, this agreement will support and advance the mission of the Collin County Parks and Open Space Strategic Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS; Section 1. Collin County agrees to fund a portion of the total cost of the project, in an amount not to exceed $330,000.00, for the land acquisition and improvements of Olde City Park. Section 2. An official copy of this resolution shall be forwarded to the Collin County Commissioners' Court for their consideration. Section 3. The City Manager of the City of Wylie is hereby authorized to enter into an Interlocal Agreement with Collin County for the Olde City Park Land Acquisition and Improvements Project. Resolution No.2007-37(R) Interlocal Agreement with Collin County Olde City Park land acquisition and improvements DULY PASSED AND APPROVED by the City Council of the City of Wylie on the 13th day of November, 2007. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2007-37(R) Interlocal Agreement with Collin County Olde City Park land acquisition and improvements INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE WHEREAS, the County of Collin, Texas ("County") and the City of Wylie ("City") desire to enter into an Agreement concerning the acquisition of land for and development of Olde City Park(Phase II) in the City of Wylie, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the land acquisition and development of park land may be performed most economically by implementing this Agreement; and WHEREAS, the City and the County find that this Agreement will benefit the residents of the County and provide additional park and recreational facilities and open space for all County residents; and WHEREAS, this Agreement will support or advance the mission of the Collin County Parks and Open Space Strategic Plan; NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange to purchase such land and to develop improvements for Olde City Park, hereinafter called the "Project". The Project shall consist of the acquisition of properties adjacent to Olde City Park and the construction of improvements further identified in Exhibit"A". ARTICLE II. The City shall prepare and execute all documents necessary to purchase the land and construct improvements and in such activities, shall comply with all state statutory requirements. The City shall supply the County with a copy of the executed documents. Changes to the project which alter the initial funding request referenced in Exhibit "A" must be reviewed by The Parks Foundation Advisory Board and approved by Commissioners Court. 1 ARTICLE III. The City shall require a title search prior to closing and will not expend funds to acquire easements or real property for use as right-of-way. ARTICLE IV. The City estimates the total actual cost of the entire Project to be $660,000.00. The County agrees to fund a portion of the total cost in an amount not to exceed $330,000.00 as shown on Exhibit "A". The County shall remit payment to the City for land purchases prior to or after closing. If payment is made prior to closing and the actual cost of the property is less than the amount paid by the County, the City shall remit the County fifty (50) percent of the difference based on the actual purchase price. The County shall reimburse the City for invoices paid by the City for other cost related to the Project on a dollar for dollar matching basis. ARTICLE V. Collin County's participation in this project shall not exceed $330,000.00 as indicated in Article IV above. The City shall be responsible for any costs, which exceed the total estimated project cost. ARTICLE VI. The City shall install a project sign identifying the project as being partially funded by the Collin County 2003 Parks and Open Space Bond Program. The City shall also provide before, during and after photos and quarterly progress reports in electronic format or via US mail to the contact identified on Exhibit "A". Following completion of the project, the City shall provide an itemized final accounting of expenditures including the City's match, in-kind services or donations for the project closing documents indicating the final purchase price of land and a copy of the deed(s) indicating the City received ownership of the property acquired. All projects for which the County has provided funds through its 2003 Parks and Open Space Bond Program must remain open and accessible to all County residents. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. The City acknowledges that the County's source of funding for the property acquisition is 2003 Parks and Open Space Bonds. The City further acknowledges that property acquired with these funds must be utilized for Parks and Open Space purposes and be available for use by all county citizens. 2 ARTICLE VIII. INDEMNIFICATION. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from its performance under this Agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this Agreement. ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE X. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This Agreement embodies the entire Agreement between the parties and may only be modified in writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. 3 ARTICLE XIV. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. ARTICLE XV. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS By: By: Name: Name: Keith Self Title: Title: County Judge Date: Date: Executed on this day of 200 , by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE By: By: Name: Name: Title: Title: Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Title: Date: 4 EXHIBIT "A" The County will provide funding assistance for the following: o KCS lot purchase o Restroom facility o Underground drainage o Concrete sidewalk o Site grading o Site electrical/lighting o Lighted parking lot o Irrigation and landscaping o Benches and litter receptacles Total funding $330,000.00 Contact Information Request for reimbursement submitted to: Collin County Special Projects Teresa Nelson 825 N. McDonald Street, Suite 145 McKinney, Texas 75069 972-548-3744 Submission of electronic photos and quarterly reports: Teresa Nelson tneison a-collincountvtexas.��o� Project Manager Contact: (must be able to answer specific questions regarding project) Name: 81(-(- n1ELSO/0 Address: .200o / .HWhi 7 g /JofeTt-I lAPI L c E Tic 750 g 8 Phone: 9 7 Z- N'f 2- 7 5 kk Fax: /7 L- `('12.- go'8 Email: kill-Ketser.ewyIncTeas,jov 5 74/ Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 13, 2007 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 10/29/07 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2007-38, amending Ordinance No. 2006-04, Article 5, Section 5.1(A)(2): Animal Boarding/Kennel without Outside Pens, to allow such use by right within Light Industrial Zoning Districts. Recommendation Motion to approve Ordinance No. 2007-38, amending Ordinance No. 2006-04, Article 5, Section 5.1(A)(2): Animal Boarding/Kennel without Outside Pens, to allow such use by right within Light Industrial Zoning Districts. Discussion To amend, supplement, or change the regulations provided in the Zoning Ordinance requires passage of an Ordinance making the appropriate amendments; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. Article 5, Section 5.1(A)(2): Animal Boarding/Kennel without Outside Pens of the Comprehensive Zoning Ordinance of the City, is amended herein by the granting of this Ordinance. Approved By Initial Date Department Director RO 10/29/07 City Manager 11\ Page 1 of 1 ORDINANCE NO. 2007-38 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2006-04, ARTICLE 5 (USE REGULATIONS) SECTION 5.1 (LAND USE CHARTS), SUBSECTION A (AGRICULTURAL & ANIMAL- RELATED), PERMITTED USE 2. (ANIMAL BOARDING/KENNEL WITHOUT OUTSIDE PENS) OF THE ZONING ORDINANCE ADOPTED AS ORDINANCE NO. 2006-04; TO ALLOW ANIMAL BOARDING/KENNEL WITHOUT OUTSIDE PENS BY RIGHT IN THE LIGHT INDUSTRIAL ZONING DISTRICT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the Zoning Ordinance No. 2006-04, Article 5 (Use Regulations), of the City of Wylie, Texas ("Wylie"), should be amended to regulate the location of Animal Boarding/Kennel without Outside Pens; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Zoning Ordinance No. 2006-04, Article 5 (Use Regulations) as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Zoning Ordinance No. 2006-04, Article 5, Section 5.1 Subsection A (Agricultural & Animal-Related), Permitted Use 2. (Animal Boarding/Kennel without Outside Pens). Article 5, Section 5.1 Subsection A (Agricultural & Animal-Related), Permitted Use 2. (Animal Boarding/Kennel without Outside Pens) of Wylie's Zoning Ordinance No. 2006-04 is hereby amended to regulate the location of Animal Boarding/Kennel without Outside Pens, as follows: Ordinance No.2007-38 Animal Boarding/Kennel without Outside Pens Regulations Page 1 FIGURE 5-3 LAND USE TABLES Residential Districts Permitted Uses Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Hist. Residential Residential Residential AG/30 SF-IA/ SF-20/ SF-10/ TH MF MH A.Agricultural& NS CR CC L I H I DTH 30 26 24 Animal-Related $ 1. Animal Boarding S p Kennel with Outside Pens $ 2. Animal Boarding/ S S P P P Kennel without Outside Pens p 3. Animal Production P* 4. Commercial P* p* S p Greenhouse or Nursery p p 5. Crop Production $ 6. Stable(Commercial) p P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit SECTION 3: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2006-04, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. Ordinance No.2007-38 Animal Boarding/Kennel without Outside Pens Regulations Page 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, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2006-04, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 13th day of November 2007. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of publication in The Wylie News—November 21, 2007 Ordinance No.2007-38 Animal Boarding/Kennel without Outside Pens Regulations Page 3 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 13, 2007 Item Number: D Department: Facilities (City Secretary's Use Only) Prepared By: Jim Holcomb Account Code: 100-5132-58850 Date Prepared: November 1, 2007 Budgeted Amount: $41,000.00 Exhibits: Proposal Subject Consider, and act upon, approval of a proposal, in the amount of$40,317.00, from Trane to replace HVAC units at the Rita and Truett Smith Public Library and the Bart Peddicord Community Center. Recommendation Motion to approve a proposal, in the amount of$40,317.00, from Trane to replace HVAC units at the Rita and Truett Smith Public Library and the Bart Peddicord Community Center. Discussion The original HVAC systems at the Library and Community Center are extremely old, inefficient and expensive to maintain. Council has approved an allocation of$41,000.00 in Fiscal Year 2008-2009 for the replacement of the old rooftop units. Funding is available in the Facilities Department operating budget. Trane has submitted a proposal under their contract with The Cooperative Purchasing Network(TCPN). TCPN provides a cooperative purchasing program for the governmental and educational entities of several states in the South and Southwest, including Texas. TCPN contracts are awarded through competitive bidding in compliance with Chapter 252 of the Texas Local Government Code. The total turnkey proposal from Trane is $40,317.00. Approved By Initial Date Department Director MS 11/1/07 City Manager 1,\\ I\ js 10-7 Page 1 of 1 TRANS' Proposal Ir!� y The Cooperative Purchasing Network Prepared For: Date:November 01, 2007 Jim Holcomb Proposal Number: 543747 Job Name: TCPN CUSTOMER NUMBER: City of Wylie Facility HVAC Equipment TCPN QUOTE NUMBER:02-10595-07-005 Delivery Terms: Payment Terms: Freight Allowed and Prepaid-F.O.B. Factory Net 30 Days Trane is pleased to provide the enclosed proposal for your review and approval. Packaged Heat Pump Rooftop Item Tag(s) Qty Description Model Number Al Unit#2 1 5 Ton Heat Pump Rooftop- Library 4/WCZ060-3 Convertible Pkg. heat pump (16 SEER) 5 Tons Electric Heat 208-230/3/60 2" Filter frame(Fld) Packaged Heat Pump Units Item Tag(s) Qty Description Model Number B1 Unit#1 1 10 Ton Heat Pump-Library WSC120A3ROA Heat pump- 10 SEER Convertible configuration Economizer 10 Ton 208-230/60/3 INSTALLATION RTU Al &B1 (Library) 1. Disconnect and remove existing heat pump down-flow RTU's. 2. Install new adapter curbs in order to accommodate each new RTU's. 3. Install one new Trane 5 Ton Heat Pump RTU with electric heat of equivalent capacity as existing. 4. Install one new Trane 10 Ton Heat Pump RTU's without electric heat. 5. Install one thermostat for the Trane 5-Ton Trane Heat Pump RTU. 6. Furnish and install new electrical disconnect switch(s)with necessary fuses for each new RTU. 7. Furnish and install all necessary electrical wiring for GFI receptacles at necessary location/s per current mechanical and electrical code. 8. Furnish and install all necessary condensate piping from RTU to roof location. 9. Furnish and install all necessary electrical wiring and thermostat wiring and tie back into existing (at roof location only). 10. Start systems up and check complete operation. City of Wylie Facility HVAC Equipment November 01,2007 Packaged Gas/Electric Rooftop Item Tag(s) Qty Description Model Number C1,2, Unit#1, 3 5 ton Gas/Electric Rooftop— YCZ060 3 Unit#2, Community Center Unit#3 C4 Unit#4 1 3 ton Gas/Electric Rooftop— YCZ036 Community Center All Units Convertible pkg gas/elec(16 SEER) (2 stage furnace operation) 2" Filter frame(filter not included) (Fld) Item: Cl, 2,3 Qty: 1 Tag(s): Unit#1, Unit#2, Unit#3 5 Tons 208-230/3/60 Medium heat Item: C4 Qty: 1 Tag(s): Unit#4 3 Tons 208-230/1/60 Medium heat INSTALLATION RTU Cl, C2, C3&C4(Community Center) 1. Remove all refrigerant from each RTU per EPA guidelines. 2. Disconnect all necessary electrical wiring, control wiring, condensate piping, gas piping and ductwork, in order to remove existing RTU's. 3. Remove all (4)existing RTU's, haul from jobsite and dispose of properly. 4. Install (4), adapter curb(s), in order to accommodate each new RTU. 5. Install (4), Trane 16 Seer gas/electric RTU's of equivalent tonnage as existing. 6. Install new thermostats for the Trane RTU's. 7. Install all necessary, outside air economizers or manual outside air dampers for each new RTU. 8. Furnish and install all necessary gas piping and condensate piping, and tie back into existing. (At roof location only) 9. Furnish and install all necessary electrical wiring and thermostat wiring, and tie back into existing. (At roof location only) 10. Start systems up and check complete operation. General Clarifications: ➢ Tax, bonds, asbestos abatement and additional insurance are not included ➢ Electrical panels, feeders, conduits, feeders and fusing is assumed to be adequate, upgrades will be extra ➢ Painting is not included ➢ All new work will conform to code, existing code violations are excluded. ➢ Controls and controls apparatus like damper motors and control valves are not included. A All estimated hours are referenced to the latest version of RS Means Cost Data with a Labor Location Factor of 0.75 and do not exceed these hours. If RS Means estimate guidelines are exceeded, a certificate of deviation will be provided. Total Turnkey TCPN Installed Price For RTU's Al, B1,Cl, C2,C3, C4, $40,317.00 ISSUED BY: Ronnie S.Weems,Account Manager Valid 30 Days from Date Above ACCEPTANCE OF PROPOSAL-The prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. We understand that this quotation is subject to the terms and conditions above and appearing on the next page(s). SIGNATURE PURCHASE ORDER NUMBER PRINT NAME DATE TP I F. City of Wylie Facility HVAC Equipment November 01,2007 Trane Terms and Conditions for Installation the Work site during regular business hours,or such other hours as may be requested by Trane and acceptable to the Work site'owner or tenant for the 1. Acceptance. A proposal made upon these terms is subject to performance of the Work, including sufficient areas for staging, acceptance within thirty days from date and the prices are subject to mobilization, and storage. Trane's access to correct any emergency change without notice prior to acceptance by Customer. If Customer's condition shall not be restricted. order is an acceptance of a written proposal, on a form provided by Trane, without the addition of any other terms and conditions of sale or any other 8. Permits and Governmental Fees. Trane shall secure(with Customer's modification, this document shall be treated solely as an acknowledgment assistance)and pay for building and other permits and governmental fees, of such order, subject to credit approval. If Customer's order is expressly licenses,and inspections necessary for proper performance and completion conditioned upon Trane's acceptance or assent to terms other than those of the Work, which are legally required when bids from Trane's expressed herein, return of such order by Trane with these terms and subcontractors are received, negotiations thereon concluded, or the conditions attached serves as notice of objection to Customer's terms and a effective date of a relevant Change Order,whichever is later. Customer is counter-offer to provide Work in accordance with scope and terms of the responsible for necessary approvals, easements, assessments and original proposal. If Customer does not reject or object within ten days, charges for construction, use or occupancy of permanent structures or for Trane's counter-offer will be deemed accepted. If Customer permits or permanent changes to existing facilities. accepts performance,Trane's terms will be deemed accepted. Customer's acceptance of goods and/or Work by Trane will in any event constitute an 9. Utilities During Construction. Customer shall provide without charge acceptance by Customer of these terms and conditions. to Trane all water,heat,and utilities required for performance of the Work. 2. Contract Price&Taxes. The Contract Price includes standard ground 10. Concealed or Unknown Conditions. In the performance of the Work, transportation and, if required by law, all sales, consumer, use and similar if Trane encounters conditions at the Work site that are (i) subsurface or taxes legally enacted as of the date hereof only for equipment and material otherwise concealed physical conditions that differ materially from those installed by Trane. Equipment sold on an uninstalled basis and any taxable indicated on drawings expressly incorporated herein or (ii) unknown labor do not include sales tax and taxes will be added. Prices stated are physical conditions of an unusual nature that differ materially from those firm provided that notification of release for immediate production and conditions ordinarily found to exist and generally recognized as inherent in shipment is received at the factory not later than five months from order construction activities of the type and character as the Work, Trane shall receipt. If such release is received later than five months from order receipt notify Customer of such conditions promptly, prior to significantly disturbing date, but within eight months of order receipt date, prices will be increased same. If such conditions differ materially and cause an increase in Trane's a straight 1%(not compounded)for each one-month period(or part thereof) cost of, or time required for, performance of any part of the Work, Trane beyond the five-month firm price period up to the date of receipt of such shall be entitled to, and Customer shall consent by Change Order to, an release. If such release is not received within eight months after date of equitable adjustment in the Contract Price,contract time,or both. order receipt, the prices are subject to renegotiation, or at Trane's option, the order will be cancelled. If for any reason Customer delays shipment 11. Pre-Existing Conditions. Trane is not liable for any claims,damages, after release,prices are subject to increase as stated herein. losses,or expenses,arising from or related to conditions that existed in,on, or upon the premises before the Commencement Date of this Agreement 3. Exclusions from Work. Trane's obligation is limited to the Work as ("Pre-Existing Conditions"), including, without limitation, damages, losses, defined and does not include any modifications to the Work site under the or expenses involving Pre-Existing Conditions of building envelope issues, Americans With Disabilities Act or any other law or building code(s). In no mechanical issues, plumbing issues, and/or indoor air quality issues event shall Trane be required to perform work Trane reasonably believes is involving mold and/or fungi. Trane also is not liable for any claims, outside of the defined Work without a written change order signed by damages, losses, or expenses, arising from or related to work done by or Customer and Trane. services provided by individuals or entities that are not employed by or hired by Trane. 4. Construction Procedures. Trane shall supervise and direct the Work using its best skill and attention and have exclusive control over 12. Asbestos and Hazardous Materials. Trane's Work and other construction means,methods,techniques,sequences and procedures. services in connection with this Agreement expressly excludes any identification, abatement, cleanup, control, disposal, removal or other work 5. Payment Terms. Customer shall pay Trane's invoices within net thirty connected with asbestos, polychlorinated biphenyl ("PCB"), or other (30)days of invoice date. Trane may invoice Customer for all equipment or hazardous materials (hereinafter, collectively, "Hazardous Materials"). material furnished,whether delivered to the installation site or to an off-site Customer warrants and represents that, except as set forth in a writing storage facility and for all work performed on-site or off-site. No retention signed by Trane, there are no Hazardous Materials on the Work site that shall be withheld from any payments except as expressly agreed in writing will in any way affect Trane's Work and Customer has disclosed to Trane by Trane, in which case retention shall be reduced per the contract the existence and location of any Hazardous Materials in all areas within documents and released no later than the date of substantial completion. which Trane will be performing the Work. Should Trane become aware of Under no circumstances shall any retention be withheld for the equipment or suspect the presence of Hazardous Materials, Trane may immediately portion of the order. If payment is not received as required,Trane may sus- stop work in the affected area and shall notify Customer. Customer will be pend performance and the time for completion shall be extended for a responsible for taking any and all action necessary to correct the condition reasonable period of time not less than the period of suspension. Customer in accordance with all applicable laws and regulations. Customer shall be shall be liable to Trane for all reasonable shutdown, standby and start-up exclusively responsible for any claims, including the payment thereof, costs as a result of the suspension. All amounts outstanding 10 days arising out of or relating to any Hazardous Materials on or about the Work beyond the due date are subject to a service charge not to exceed 1.5%of site, not brought onto the Work site by Trane. Trane shall be required to the principal amount due or the maximum allowable legal interest rate, resume performance of the Work in the affected area only in the absence of retroactive to the due date. Customer shall pay all costs (including Hazardous Materials or when the affected area has been rendered attorneys'fees)incurred by Trane in attempting to collect amounts due and harmless. In no event shall Trane be obligated to transport or handle otherwise enforcing these terms and conditions. Hazardous Materials, provide any notices to any governmental agency, or examine the Work site for the presence of Hazardous Materials. 6. Time for Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of Trane, all dates 13. Force Majeure. If Trane shall be unable to carry out any material provided by Trane or its representatives for commencement, progress or obligation under this Agreement due to an Event of Force Majeure, this completion are estimates only. While Trane shall use commercially Agreement shall at Trane's election (i) remain in effect but Trane's reasonable efforts to meet such estimated dates, Trane shall not be obligations shall be suspended until the uncontrollable event terminates or responsible for any damages for its failure to do so. (ii) be terminated upon ten (10) days notice to Customer, in which event Customer shall pay Trane for all parts of the Work furnished to the date of 7. Access. Trane and its subcontractors shall be provided access to termination. An"Event of Force Majeure"shall mean any cause Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 13, 2007 Item Number: E Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: 411-6905 Date Prepared: 11/05/07 Budgeted Amount: $ 3,250,000.00 Exhibits: 3 Subject Consider, and act upon, approval and final acceptance of the Stone Road Paving Project and authorize final payment to Tri-Con Services, Inc., in the amount of $51,118.42, and accept the project as complete. Recommendation Motion to approve and authorize final payment to Tri-Con Services, Inc., in the amount of $51,118.42, and accept the project as complete. Discussion On October 24, 2006, a construction contract was awarded to Tri-Con Services, Inc. in the amount of $3,225,042.60 for paving and drainage improvements to Stone Road from Ballard Avenue to Akin Lane. The project included construction of 4-lanes of concrete pavement and related storm sewer improvements. All punch list items have been addressed by the contractor. One change order was issued for the project for the construction of a concrete flume from Stone Rd. south to Community Park. The final contract price with quantity adjustments is $3,277,936.17. Approved By Initial Date Department Director CH 11/5/07 City Manager IN)A 1t 1 b O�) Page 1 of 1 i t Project: STONE ROAD RECONSTRUCTION Owner: CITY OF WYLIE Contract Amount $3,225,042.60 PAY REQUEST NO. 11 &FINAL Pay request period: September 26, 2007-October 19, 2007 r.>= I I EP ` AMOUNT $ Gi.} Contractor TRI-CON SERVICES, INC., P.O. BOX 472867, GARLAND, TX 75047-2867 Inspector JOSEPH TIDWELL Item No. Description 11:1 Qnty Unit Price Total Bid Prey. This month Compl.To in SANITARY SEWER Installed date Current Amount TTL Amount IIII 102 10"PVC SANITARY SEWER(SDR 35)CLASS H EMBEDME la 1,703.00 $60103 4 FT.DIAMETER MANHOLES 00 $102,180.00 1714.00- 1,714.00 $0.00 104 4 FT.VACUUM TEST SANITARY SEWER MANHOLE 11.00 $3,700.00 $40,700.00 12.00 $102,840.00 11.00 10.00 $0.00 $44,400.00$ 105 SANITARY SEWER CLEANOUT © $50.00 $550.00 _ Oa 1.00 $1,000.00 $1,000.00 0.00 � $0.00 $0.00 106 REMOVE EXISTING SANITARY SEWER MANHOLE 0.00 $0� 106 RENCH SAFETYX FORA SANITARY SEWER ® 6.00 $900'°° $5,400.00 6.00 $0.00 Ell pa 2,016.00 $0.101 6.00 $0.00 $500 ,400.00 IIII -CHANGE ORDER NO.114.00 1,714.00 al $171.40 -FURNISH&INSTALL 4"SAN.SEWER SERVICES SDR-35 ® $40.00 _-- -CONNECT EXPOSED 8"SAN.SEWER LINE TO EXIT.M/H 91 00 $740 00 $ 740.00 91.00- $0 1.00 91.00 $3,640.00 -8"SAN.SEWER LINE SDR-35 $740.00 1,00- 1.00 $0� -4"DOUBLE CLEAN OUTS-6 EA. Mil 61.00 $58.00 $3,538.00 60.00 $740.00$3,480.00 6.00 6.00 $0.00 $4,080.00 - CM 6.00 $680.00 60.00 $0.00 IIII -SUB-TOTAL SANITARY SEWER - ===IIII $162,029.60=-- $0.00 $164,751.40 -WATER LINE IMPROVEMENTS --- -==- 108 8"PVC(C-900)WATER LINE 109 6"PVC(C-900)WATER LINE ME 3,534.00 $61 $215,574.00 3713.00 3,713.00 110 16"ENCASEMENT PIPE INCLUDING FITTINGS Mill 106 00 $60.00 $6,360.00 109.00- $0.00 $2$6,540.00 ® 54.00 $65.00 109.00 $0.00 $6,540.00 ®8"RESILIENT SEAT GATE VALVE $3,510.00 0.00 $0.00 ® - MI 26.00 $1,050.00 $27,300.00 28.00 28.00 0.00 ® " 11.00 $700 00 $0.00 $$8,400.00 8 x8 TAPPING SLEEVE&8"TAPPING VALVE $7,700.00 12.00- 12.00 $0.00 EC FIRE HYDRANT ASSEMBLY BY OPEN CUT © 1.00 $3,000.00 $3 000 1 1.00 $0.00 $3,000.00 ,400.00 131111111NE $3,800.00 ®CONNECT TO EXISTING WATER MAIN $41,800.00 12.00- 12.00 $0.00 $45,600.00 11211 -WATER TEST Mil 1.00 $100.00 12 $1,000.00 $12,000.00 12.00 12.00 $0.00 $1$100.00 Es REMOVE&REPLACE CONRETE FOR WATER TRENCH ® $15 54.00 00 $100.00 1.00- 1.00 $0.00 - ® REMOVE&REPLACE 6"PAVEMENT FOR WATER LINE54� $810.00 54.00- $0.00 $100.00 198.00 $10.00 $980.00-NEW WATER METER BOXES/RECONNECT/INCL.COPPER $1,980.00 198.00 198 00 120A CAST IRON FITTINGS 27.00 $1,000.00 $27,000 00 11 00- $0 $1,90.00 1.25 11.00 $0.00 $11,000.00 1206 TRENCH SAFETY FOR WATER SYSTEM UM 1.25 $5,000.00 2.24- 2.24 pa 3,640.00 $0.10 $0.00 $ 364.00 $364.00 3640.00 3,640.00 - $0.00 $364.00 Project: STONE ROAD RECONSTRUCTION Contract Amount: $3,225,042.60 Owner: CITY OF WYLIE PAY REQUEST NO. 11 & FINAL REVISED CONTRACT AMOUNT$3,268,653.55 Pay request period: September 26, 2007-October 19, 2007 Contractor: TRI-CON SERVICES, INC., P.O. BOX 472867, GARLAND, TX 75047-2867 Inspector: JOSEPH TIDWELL Item To Description Unit Qnty Unit Price Total Bid Prev. This month Compl. Current Amount TTL Amount No. Installed date CHANGE ORDER NO.1 CUT&PLUG EXISTING 8"WATER LINE EA 1.00 $1,086.00 $1,086.00 1.00 1.00 $0.00 $1,086.00 ADDITIONAL WORK(4/07) 2"WATER @ 2ND STREET LS 1.00 $1,820.00 $1,820.00 1.00 1.00 $0.00 $1,820.00 8"WATER BORE EA 1.00 $1,250.00 $1,250.00 1.00 1.00 $0.00 $1,250.00 SUB-TOTAL WATER LINE IMPROVEMENTS $356.654.00 $0.00 $358,803.00 PAVING IMPROVEMENTS 121 UNCLASSIFIED STREET EXCAVATION/DISPOSAL CY 16,850.00 $8.00 $134,800.00 16850.00 16,850.00 $0.00 $134,800.00 122 BORROW-FURNISH,PLACE&COMPACT CY 2,126.00 $5.00 $10,630.00 2126.00 2,126.00 $0.00 $10,630.00 123 EXISTING ASPHALT PAVEMENT-REMOVE&DISPOSE SY 8,831.00 $5.00 $44,155.00 14725.00 11,778.00 $58,890.00 124 EXISTING CONCRETE PAVEMENT-REMOVE&DISPOSE SY 1,974.00 $10.00 $19,740.00 1977.00 1,977.00 $0.00 $19,770.00 125 EXISTING CONCRETE SIDEWALK-REMOVE&DISPOSE SY 85.00 $15.00 $1,275.00 85.00 85.00 $0.00 $1,275.00 126 EXISTING CONCRETE DRIVEWAY-REMOVE&DISPOSE SY 605.00 $10.00 $6,050.00 626.00 626.00 $0.00 $6,260.00 127 EXISTING ASPHALT DRIVEWAY-REMOVE&DISPOSE SY 398.00 $6.00 $2,388.00 398.00 398.00 $0.00 $2,388.00 128 7"THICK COMPACTED LIME-STABILIZED SUBGRADE SY 23,640.00 $2.00 $47,280.00 22404.10 22,404.10 $0.00 $44,808.20 129 HYDRATED LIME-39LBS/SY TN 460.00 $105.00 $48,300.00 436.88 436.88 $0.00 $45,872.40 130 6"MONOLITHIC CONCRETE CURB-3600 PSI LF 5,970.00 $1.00 $5,970.00 5330.00 5,330.00 $0.00 $5,330.00 131 6"CONRETE CURB&GUTTER-3600 PSI LF 160.00 $5.00 $800.00 230.00 230.00 $0.00 $1,150.00 132 6"THICK REINFORCED CONCRETE DRIVEWAYS-3600 PSI SY 694.00 $40.00 $27,760.00 845.63 845.63 $0.00 $33,825.20 _133 4"THICK REINFORCED CONCRETE SIDEWALK-3000 PSI SY 2,195.00 $32.00 $70,240.00 3314.03 3,314.03 $0.00 $106,048.96 134 4"THICK ASPHALT BASE COURSE-TYPE'B' SY 776.00 $19.00 $14,744.00 947.11 947.11 $0.00 $17,995.09 135 2"THICK ASPHALT SURFACE COURSE-TYPED' SY 776.00 $10.00 $7,760.00 947.11 947.11 $0.00 $9,471.10 136 BARRIER FREE RAMPS-3000 PSI EA 24.00 $850.00 $20,400.00 15.00 15.00 $0.00 $12,750.00 137 REINFORCED CONRETE STREET HEADER-3600 PSI LF 196.00 $20.00 $3,920.00 357.00 357.00 $0.00 $7,140.00 138 24"(SLD)(W)MARKINGS LF 251.00 $9.00 $2,259.00 261.00 261.00 $0.00 $2,349.00 139 12"(SLD)(W)MARKINGS LF ' 1,189.00 $4.50 $5,350.50 1249.00 1,249.00 $0.00 $5,620.50 140 8"(SLF)(W)MARKINGS/INCL.TYPE II-C-R LF 989.00 $2.50 $2,472.50 812.00 812.00 $0.00 $2,030.00 Project: STONE ROAD RECONSTRUCTION Contract Amount: $3,225,042.60 Owner: CITY OF WYLIE PAY REQUEST NO. 11 & FINAL REVISED CONTRACT AMOUNT$3,268,653.55 Pay request period: September 26, 2007-October 19, 2007 Contractor: TRI-CON SERVICES, INC., P.O. BOX 472867, GARLAND, TX 75047-2867 Inspector: JOSEPH TIDWELL Item Description Unit Qnty Unit Price Total Bid Prey. This month Compl.To Current Amount TTL Amount No. Installed date 141 4"(BRK)(W)MARKING/INCL.TYPE II-C-R LF 1,221.00 $1.00 $1,221.00 1221.00 1,221.00 $0.00 $1,221.00 142 (W)(WORD)MARKINGS EA 8.00 $120.00 $960.00 8.00 8.00 $0.00 $960.00 143 (W)(ARROW)MARKINGS EA 25.00 $100.00 $2,500.00 24.00 24.00 $0.00 $2,400.00 144 12"(SLD)(Y)MARKINGS LF 38.00 $5.00 $190.00 38.00 38.00 $0.00 $190.00 145 4"(DBL)(SLD)(Y)MARKINGS LF 1,856,00 $0.75 $1,392.00 1856.00 1,856.00 $0.00 $1,392.00 146 R4"(BRK)(Y)MARKINGS LF 850.00' $1.00 $850.00 0.00 $0.00 $0.00 147 4"(SLF)(Y)MARKINGS LF 3,370.00 $0.75 $2,527.50 3800.00 3,800.00 $0.00 $2,850.00 148 WZ(4")(SLD)(Y)(REM)MARKINGS-INST/MAIN/REMOVE LF 318.00 $1.10 $349.80 0.00 $0.00 $0.00 149 WZ(4")(SLD)(W)(REM)MARKINGS-INST/MAIN/REMOVE LF 576.00 $1.10 $633.60 0.00 $0.00 $0.00 150 WZ(4")(DBL)(SLD)(Y)(REM)MARKINGS-INST/MAIN/REM LF 3,552.00 $1.10 $3,907.20 0.00 $0.00 $0.00 151 WZ(8")(SLD)(W)(REM)MARKINGS-INST/MAIN/REMOVE LF 64.00 $3.00 $192.00 0.00 $0.00 $0.00 152 WZ(4")(DOT)(W)(REM)MARKINGS-INST/MAIN/REMOVE LF 77.00 $2.00 $154.00 0.00 $0.00 $0.00 153 BARRICADES&SIGNING FOR TRAFFIC CONTROL LS 1.00 $25,000.00 $25,000.00 1.00 1.00 $0.00 $25,000.00 154 SOLID SOD/TOPSOIL/FERTIIZER/WATER SY 9,207.00 $3.00 $27,621.00 8668.00 8,668.00 $0.00 $26,004.00 155 CLEARING&GRUBBING LS 1.00 $20,000.00 $20,000.00 1.00 1.00 $0.00 $20,000.00 156 TEMPORARY DETOUR WIDENING/CONSTRUCT/MAINT. LS 1.00 $75,000.00 $75,000.00 1.00 1.00 $0.00 $75,000.00 157 MOBILIZATION LS 1.00 $140,000.00 $140,000.00 1.00 1.00 $0.00 $140,000.00 157A MEDIAN PAVERS/INCL.EMBEDMENT SF 675.00 $9.00 $6,075.00 755.46 755.46 $0.00 $6,799.14 157E PEDESTRIAN HANDRAIL(TYPE PR1)/RAIL ANCH.CURB LS 1.00 $21,000.00 $21,000.00 1.00 1.00 $0.00 $21,000.00 SUB-TOTAL PAVING IMPROVEMENTS $805.867.10 $14,735.00 $851,219.59 DRAINAGE IMPROVEMENTS • 158 TEMPORY EROSION CONTROL/FURN/INSTALL/MAIN LS 1.00 $11,000.00 $11,000.00 1.00 1.00 $0.00 $11,000.00 159 5 FT.STANDARD INLET/CONCTRUCT IN PLACE EA 13.00 $2,000.00 $26,000.00 13.00 13.00 $0.00 $26,000.00 160 5 FT.STANDARD INLET W/1-5 FT.EXTENSION/CONST. EA 19.00 $2,300.00 $43,700.00 19.00 19.00 $0.00 $43,700.00 161 5 FT.STANDARD INLET W/2-5 FT.EXTENSIONS/CONST. EA 17.00 $2,500.00 $42,500.00 17.00 17.00 $0.00 $42,500.00 162 4 GRATE INLET/CONSTRUCT EA 4.00 $3,000.00 $12,000.00 4.00 4.00 $0.00 $12,000.00 163 TYPE'B'STORM MANHOLE/CONSTRUCT EA 6.00 $4,000.00 $24,000.00 0.00 $0.00 $0.00 164 M-MOD'STORM MANHOLE/CONSTRUCT EA 2.00 $5,000.00 $10,000.00 8.00 8.00 $0.00 $40,000.00 165 18" CLASS III STORM SEWER PIPE LF 1,694.00 $68.00 $115,192.00 1688.00 1.688.00 $0.00 $114,784.00 166 21" CLASS III RCP STORM SEWER PIPE LF 302.00 $70.00 $21,140.00 326.00 326.00 $0.00 $22,820.00 Project: STONE ROAD RECONSTRUCTION Contract Amount: $3,225,042.60 Owner: CITY OF WYLIE PAY REQUEST NO. 11 & FINAL REVISED CONTRACT AMOUNT $3,268,653.55 Pay request period: September 26, 2007-October 19, 2007 Contractor: TRI-CON SERVICES, INC., P.O. BOX 472867, GARLAND, TX 75047-2867 Inspector: JOSEPH TIDWELL Item Description Unit Qnty Unit Price Total Bid Prey. This month Compl.To Current Amount TTL Amount No. Installed date 167 24"CLASS III RCP STORM SEWER PIPE LF 160.00 $74.00 $11,840.00 160.00 160.00 $0.00 $11,840.00 168 27"CLASS III RCP STORM SEWER PIPE LF 90.00 $90.00 $8,100.00 95.00 95.00 $0.00 $8,550.00 169 36"CLASS III RCPSTORM SEWER PIPE LF 234.00 $96.00 $22,464.00 249.00 249.00 $0.00 $23,904.00 170 3'X3'REINFORCED CONCRETE BOX/INCL.CONNECT. LF 558.00 $120.00 $66,960.00 581.00 581.00 $0.00 $69,720.00 171 3'X4'REINFORCED CONCRETE BOX/INCL.CONNECT. LF 619.00 $140.00 $86,660.00 671.00 671.00 $0.00 $93,940.00 172 3'X6'REINFORCED CONCRETE BOX/INCL.CONNECT. LF 301.00 $186.00 $55,986.00 323.00 323.00 $0.00 $60,078.00 173 3'X7'REINFORCED CONCRETE BOX/INCL.CONNECT. LF 318.00 $220.00 $69,960.00 353.00 353.00 $0.00 $77,660.00 174 4'X8'PRECAST REINFORCED CONCRETE BOX W/CON LF 230.00 $290.00 $66,700.00 1264.00 1,264.00 $0.00 $366,560.00 175 4'X8'CAST-IN-PLACE CONCRETE BOX W/CONNECT. LF 1,036.00 $290.00 $300,440.00 0.00 $0.00 $0.00 176 EXIST.BOX CULVERTS&HEADWALLS/REMOVE&DISP. LS 1.00 $4,500.00 $4,500.00 1.00 1.00 $0.00 $4,500.00 177 6"PAVEMENT FOR STORM SEWER/REMOVE&REPL. SF 780.00 $6.00 $4,680.00 780.00 780.00 $0.00 $4,680.00 178 CONSTRUCT WINGWALLS,HW=4',SW-0 EA 1.00 $10,000.00 $10,000.00 1.00 1.00 $0.00 $10,000.00 179 CONSTRUCT WINGWALLS,HW=4',PW-0 EA 1.00 $18,000.00 $18,000.00 1.00 1.00 $0.00 $18,000.00 180 CONSTRUCT PSET-SP(6:1)(24") EA 3.00 $2,500.00 $7,500.00 3.00 3.00 $0.00 $7,500.00 181 CONSTRUCT PSET-2P(6:1)(36") EA 1.00 $4,000.00 $4,000.00 1.00 1.00 $0.00 $4,000.00 182 CONSTRUCT CONCRETE RIPRAP(5") CY 16.00 $250.00 $4,000.00 36.04 36.04 $0.00 $9,010.00 183 GROUTED ROCK RIPRAP(8") SY 112.00 $65.00 $7,280.00 112.00 112.00 $0.00 $7,280.00 184 PILOT CHANNEL/INCL.FW-0&SEEDED SOIL BLANK. LS 1.00 $45,000.00 $45,000.00 1.00 1.00 $0.00 $45,000.00 185 TRENCH SAFETY FOR STORM SEWER SYSTEM LF 4,909.00' $0.10 $490.90 4909.00 4,909.00 $0.00 $490.90 CHANGE ORDER NO.2 SOUTH PILOT CHANNEL LS 1.00 $19,757.00 $19,757.00 1.00 1.00 $0.00 $19,757.00 ADDITIONAL WORK(4/07) WING WALL CONC. CY 7.23 $1,065.00 $7,699.95 7.23 7.23 $0.00 $7,699.95 SUB-TOTAL DRAINAGE IMPROVEMENTS $1.127,549.85 $0.00 $1.162,973.85 Project: STONE ROAD RECONSTRUCTION Contract Amount: $3,225,042.60 Owner: CITY OF WYLIE PAY REQUEST NO. 11 & FINAL REVISED CONTRACT AMOUNT$3,268,653.55 Pay request period: September 26, 2007- October 19, 2007 Contractor: TRI-CON SERVICES, INC., P.O. BOX 472867, GARLAND, TX 75047-2867 Inspector: JOSEPH TIDWELL Item Description Unit Qnty Unit Price Total Bid Prev. This month Compl.To Current Amount TTL Amount No Installed date ALTERNATE 1 8"THICK DOWLED REINFORCED PAVEMENT SY 22,069.00 $37.00 $816,553.00 20005.09 20,005.09 $0.00 $740,188.33 SUB-TJOTAL ALTERNATE 1 $816.553.00 TOTAL $3,268,653.55 0.00 0.00 $0.00 $740,188.33 Current Total Total Amount of Work Completed (14,735.00) $3,277,936.17 i !y Less Tri-Con Services,Ind. / / Retainage 0% - $0.00 Date Other Amount Payable on Contract (14,735.00) $3,277,936.17 City of Wylie Less Date Payments $ 3,226,817.75 Thomas Cochill, Engineer,CPYI Other Date Due this Estimate I I CONTRACTOR'S AFFIDAVIT OF BILLS PAID (To be executed prior to acceptance of project) STATE OF TEXAS COUNTY OF DALLAS Personally, before me the undersigned authority, on this day appeared JOE 0. GIPSON , who, being duly sworn, on oath, says that he is a legal representative of TRI-CON SERVICES, INC. and that the contract for the construction of the project, designated as STONE ROAD RECONSTRUCTION (FROM BALLARD AVE. TO JOHN AKIN LANE) has been satisfactorily completed and that all bills for materials, apparatus, fixture, machinery and labor used in connection with the construction of this project have, to the best of my knowledge and belief, been fully paid. Signature JOE 0. GIPSON PRESIDENT Title Sworn to and subscribed before me this 19TH day of OCTOBER 2007 Notary Public in and for DALLAS County, Texas o�P PU%, JUDITH A.SUTTON -J Notary Public STATE OF TEXAS of My Comm.Exp.12/05/2009 C&B-10 CONSENT OF SURETY TO FINAL PAYMENT Bond No. 104792217 PROJECT: Stone Road Reconstruction TO (Owner): City of Wylie P.O. Box 428 Wylie, TX 75098 CONTRACT FOR: Road Improvements CONTRACT DATE: CONTRACTOR: Tri-Con Services, Inc. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 , SURETY COMPANY, on bond of Tri-Con Services, Inc. 3010 Main Street Rowlett, TX 75088 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to City of Wylie P.O. Box 428 Wylie, TX 75098 OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, Travelers Casualty and Surety Company of America the Surety Company has hereunto set its hand this 22nd day of October, 2007 Travelers Casualty and Surety Company of America Surety Company Knof-cQ, Connie Jean Weregel, Attorney-in-fact (Seal) WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER IOW POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 219131 Certificate No. 0 019 6 8 6 3 4 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company.Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Lloyd Ray Pitts, Richard Michael Abbott,Beverly M.Trimble.Connie Jean Kregel,Jeffrey Todd McIntosh,and Cynthia Watson Fowler of the City of Dallas ,State of Texas ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. • 19th IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this day of September 2007 Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company G�SUgr ti ry 4jPE44Ww \�N..�NSG irygUq•y. JP�tY AN," otk Y O[�OP'P L tett * J 4� �9g •'RPOR iV E y • yam , Co 4�fi 111 Q' RPORgT'�n: ` y Wfe�,.` .S 2(1 '.••.w.nnMltm Yte mE C�1 '.' r�.l W �•�--- 4 1927 < - a.a��_ , s -fr :�; ¢ NaCONN tCCNN 195 • 5S ` r ANC 0,• State of Connecticut By: City of Hartford ss. Georg: Thompson, 'enior ice President 19th September 2007 On this the day of , ,before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,and that he,as such, being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. t °TM C My Commission expires the 30th day of June,2011. C* AIIBUO * Marie C.Tetreault,Notary Public � Clft 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power.of Attorney,executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 4allkday of 040 ter ,20 0. Kori M.Johans Assistant Secretary G I,SU,�! OY. • �, rf. JyF\0.E 6 O\Aµ..INSG9 JP� q,,,, �JP�TY ANp s` �rrimmir �,yy.Y"yJ ��yypOq,r TL � ? A' t�®'IP Q' RPOfl �/ 4:' ...,Z�t 4 Z Y_ s ' Cf ,19 ` ' tE9 5 •yE"i✓CA^'�T Ir :+lf'm WrppRPORATf:\'"°1 ^ 1HARMRD. tssz o '� 1927 n- 4a; �: NaArFORo, ' . ./ Z •s$ ; y9 ...t,k'� - SEAL. V " 'o! W CONN. n WNN. R , 1896 - D s . �•. o. :+.S8RLI3 W ° V b n + d '� 9 OF 4 s a....: AWL e..... ps s4 +D 'rrI u. 8`' To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Bond No. 104792217 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we Tri-Con Services,Inc.., as Principal, and Travelers Casualty and Surety Company of America, corporations duly licensed to transact business in the State of Texas(hereinafter called the Surety), as Surety, are held and firmly bound unto City of Wylie in the sum of Three Million Two Hundred Seventy Seven Thousand Nine Hundred Thirty Six and 17/100 ($3,277,936.17 )Dollars for the payment of which sum well and truly to be made,we,the said Principal and the said Surety, bind ourselves,our heirs,executors, administrators, successors and assigns,jointly and severally, formally by these presents. Sealed with our seals and dated this 17th day of October,2007. WHEREAS,the said Principal has heretofore entered into a contract with City of Wylie for Stone Road Reconstruction and, WHEREAS,the said Obligee has requested that said work be guaranteed against failure because of defective workmanship or material,performed or furnished by said Principal for a period of two(2)year(s)from date of completion and acceptance by the City of Wylie, normal wear and tear excluded. NOW THEREFORE, if the said Principal shall indemnify and save harmless the obligee against loss or damage occasioned directly by the failure of said materials or workmanship,then this obligation to be void, otherwise to remain in full force and effect. It is understood,however, that this bond shall not include loss or damage by failure of workmanship or materials due to hurricane, cyclone,tornado, earthquake,volcanic eruption or any similar disturbance of nature, nor military,naval or usurped power, insurrection,riot or civil commotion, nor any act of God. No right of action shall accrue upon or by reason of this obligation,to or for the use of benefit of any person, firm or corporation, other than the obligee herein named. Principal Surety Tri-Con Services, Inc. Travelers Casualty and Surety Company of America By: By: 17 LiCad (ik, l�G Connie Jean Kregel Attorney n-Fact • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AM. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 219131 Certificate No. 0 01 9 6 8 6 4 1 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Lloyd Ray Pitts,Richard Michael Abbott,Beverly M.Trimble.Connie Jean Kregel,Jeffrey Todd McIntosh,and Cynthia Watson Fowler of the City of Dallas ,State of Texas ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 19th day of September 2007 Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company, St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company /,s,. N -. rk lyre �F\PEaWxry N �M �NgU' r-- ,:,, qN �"��.�ttYG ^firywy ��T......SGy )P�........Ay'•,, os NNW y �YY' 40S1•i cl PICfkIPORA1f0 9G. — _. l.0.PO— 'SJ < � ' 1982O �977 K �� :Z: .n; ORD, NnmFDRA Z ; '' 1951 w 25UREre.°' =, - -,'.SEAL,o' 1,1' of çCONN0 . n �,�CONNN a a 1cue9 a �jY� * ,ti .d .>o ��:, �d:SBAL!3 SD Y 1` � • �a�a t s '� �'</AW46445) �'I State of Connecticut By: - City of Hartford ss. Georg Thompson, senior ice President On this the 19th day of September 2007 before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company.Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,1 hereunto set my hand and official seal. t•TAR 't ' C • ��"t `^^"""'+ My Commission expires the 30th day of June,2011. * AtIBUG * Mane C.Tetreault.Notary Public 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President.any Vice Chairman, any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety company-of America,`and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 17+k day of C.Nr yr ,20 07 ' 7:> Kori M.Johans Assistant Secretary Gn0.c5nUn,� L �y SlWflf. Fl0.E QWW 0.N INS. 4......Y 1HSU v P�fV qNC Lme, cY O�yv-.YA T~ 'O y1��p *�j aB (Aintik.., y •QO RP0a,...D> ♦ '...A9 J1 "^'Y �"-��rwt� 0 S S $ �f _ '.,^"wTD „� 192( g "'4 �t`V� Rq>F tY1"'"R-4,.:t�; y , y_ < 1982 o c �9// K R:� ! co; n} i, :oi �m W�RTFCRD' t 7 1896 =� Z grt4S; 1951 +SEALzo, Io SElLL'3 '1 CONN. Y N �' �a 9 # ti .+' .y. • d+. a s •♦ .. bra �.? ! h� ";: �OF „�""" ,.r......�a_ >•`.. .:pa sb mar v °'e4l$ N£N ' � N , MN 649 To verify the authenticity of this Power of Attorney.call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPAUL TRAVELERS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty and Surely Company of America, for information or to make a complaint at: St. Paul Travelers Bond Attn: Claims 1500 Market Street 29th Floor Philadelphia, PA 19102 You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 13, 2007 Item Number: F Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: 443-58210 Date Prepared: 11/05/07 Budgeted Amount: $ 2,600,000 Exhibits: 3 Subject Consider, and act upon, approval and final acceptance of the Alanis Drive Paving Project from Twin Lakes to FM 544 and authorize final payment to Lacy Construction, in the amount of$44,614.16, and accept the project as complete. Recommendation Motion to approve authorize final payment to Lacy Construction, in the amount of$44,614.16, and accept the project as complete. Discussion On March 13, 2006, a construction contract was awarded to Lacy Construction in the amount of$882,758.60 for paving and drainage improvements to Alanis Drive from the Twin Lake subdivision to FM 544. The project included construction of 4-lanes of concrete pavement and related storm sewer improvements. All punch list items have been addressed by the contractor. Two change orders were issued for the project which included additional pavement markings and substituting hydromulch seeding for block sod. The final contract price with quantity adjustments is $892,283.02. Approved By Initial Date Department Director CH 11/5/07 City Manager \tiA 1\ Lb Page 1 of 1 MONTHLY PAY REQUEST 7- 7 tl W YMV La I ..,.. From: L. H. LACY COMPANY, Ltd. Original Contract Amount: $870,298.50 P.O. Box 541297 Total Change Orders: 0.00 Dallas, TX 75354-1297 Revised Contract Amount: $870,298.50 (214)357-0146 Percent Complete: 102.5% To: City of Wylie Invoice Date: October 24, 2007 Attn: Chris Hoisted, P.E. Payment Request#: 10005 949 Hensley Lane Wylie, TX 75098 C5190/ALANIS ROAD EXTENSION Period Through: October 25, 2007 Unit Project Monthly Total Contract Monthly Total Item Description Est. Quantity Work On Work On Unit Price Amount Amount Contract Contract 1 CONTRACT ITEMS 0.00 0.00 0.00 0.00 0.00 0.00 2 8"3600 DOWELED REINF CONC PVM SY 16,025.00 0.00 16,697.00 28.16 0.00 470,187.52 3 6"CONCRETE CURB LF 11,310.00 0.00 11,310.00 1.00 0.00 11,310 00 4 LIME STABILIZED SUBGRADE SY 17,835.00 0.00 17,835.00 1.76 0.00 31,389.60 5 LIME(36LBS/SY) TN 322.00 0.00 322.00 102.00 0.00 32,844 00 6 UNCLASSIFIED EXCAVATION CY 12,736.00 0.00 12,736.00 3.00 0.00 38,208.00 7 REMOVE/DISPOSE EXIST PVMT SF 3,220.00 0.00 4,340.00 1.10 0.00 4,774.00 8 ST HEAD(PROPOSED ST&ASPH) LF 222.00 0.00 222.00 7.00 0.00 1,554.00 9 SAWCUT PAVEMENT LF 447.00 0.00 474.00 2.00 0.00 948.00 10 LONGITUDINAL BUTT JOINT LF 447.00 0.00 474.00 3.00 0.00 1,422.00 11 ASPHALT TRANSITION CONN FM 544 SF 205.00 0.00 205.00 27.00 0.00 5,535.00 12 MEDIAN PAVERS(LEFT TURN BAYS) SF 546.00 0.00 700.00 11.00 0.00 7,700.00 13 CHANNELIZATION BUTTONS L TURN EA 120.00 0.00 120.00 6.00 0.00 720.00 14 TYPE MBGF 03A TRAF RAIUM POST LF 84.00 0.00 84.00 70.00 0.00 5,880.00 15 REMOVE&DISP EXIST TRAF RAILS LF 122.00 0.00 122.00 5.00 0.00 610.00 16 ESTAB BERMUDA SOD COVER CO 2 SY 17,505.00 0.00 0.00 0.00 0.00 0.00 17 MOBILIZATION LS 1.00 0.00 1.00 75,000.00 0.00 75,000.00 18 EROSION CONTROL MEASURES LS 1.00 0.00 1.00 22,000.00 0.00 22,000.00 19 LANE STRIPING(TRAF BUTTONS) LS 1.00 0.00 1.00 4,000.00 0.00 4,000.00 20 16"STEEL CARRIER PIPE 5/16" LF 204.00 0.00 204.00 58.00 0.00 11,832.00 21 4"IRRIGATION/ELECT CONDUIT LF 970.00 0.00 970.00 12.00 0.00 11,640.00 22 10'STANDARD CURB INLET EA 1.00 0.00 1.00 2,500.00 0.00 2,500.00 23 8'STANDARD CURB INLET EA 2.00 0.00 2.00 2,300.00 0.00 4,600.00 24 3'X3'DROP INLET EA 1.00 0.00 1.00 2,700.00 0.00 2,700.00 25 3-9'X5'MC-9-10 CULVERT LF 65.00 0.00 65.00 830.00 0.00 53,950.00 26 24"CLASS III RCP LF 850.00 0.00 850.00 40.00 0.00 34,000 00 27 18"CLASS III RCP LF 75.00 0.00 75.00 31.00 0.00 2,325.00 28 24"6:1 SLOPED END SECTION EA 3.00 0.00 3.00 1,300.00 0.00 3,900.00 29 TYPE A PARL WINGS(RPRL 6X5 B) LS 1.00 0.00 1.00 12,000.00 0.00 12,000 00 30 REMOVE&DISP EXIST DROP INLET LS 1.00 0.00 1.00 500.00 0.00 500.00 City of Wylie Payment Request#: 10005 C5190/ALANIS ROAD EXTENSION Invoice Date: 10/24/07 Page 1 of 2 Unit Project Monthly Total Contract Monthly Total Item Description Est. Quantity Work On Work On Unit Price Amount Amount Contract Contract 31 REMOVE&DISP EXIST HWALL 9X5 LS 1.00 0.00 1.00 1,700.00 0.00 1,700.00 Subtotal 0.00 855,729.12 32 CHANGE ORDER#1 0.00 0.00 0.00 0.00 0.00 0.00 33 ALANIS LN STRIP TRAFF BUTTONS LS 1.00 0.00 1.00 4,341.00 0.00 4,341.00 34 THERMO STOP BAR LF 25.00 0.00 25.00 12.00 0.00 300.00 Subtotal 0.00 4,641.00 35 CHANGE ORDER#2 0.00 0.00 0.00 0.00 0.00 0.00 36 4'CRULEX LF 10,702.00 0.00 10,702.00 1.15 0.00 12,307.30 37 HYDROMULCH SEEDING SY 17,505.00 0.00 17,505.00 1.12 0.00 19,605.60 Subtotal 0.00 31,912.90 Total Amount of Work Performed 0.00 892,283.02 Less Retainage Held 5% 0.00 44,614.16 Plus Retainage Billed 44,614.16 44,614.16 Net Amount Payable on Contract 44,614.16 892,283.02 Less Payment Received To Date 802,872.66 Current Amount Due On Project 89,410.36 Amount Unpaid From Prior Estimates 44,796.20 Amount Due From Current Estimate 44,614.16 PLEASE DIRECT ANY QUESTIONS CONCERNING THIS PAY REQUEST TO: THE PROJECT MANAGER OR JANICE WOODY (214)357-0146 City of Wylie Payment Request#: 10005 C5190/ALANIS ROAD EXTENSION Invoice Date: 10/24/07 Page 2 of 2 FULL RELEASE FROM: L. H. LACY COMPANY, LTD. PROJECT: Alanis Road Extension P.O. Box 541297 Wylie, Texas Dallas, Texas 75354-1297 Job# 5190 TO: CITY OF WYLIE Attn: Mr. Chris Hoisted, P. E. 949 Hensley Lane Wylie, Texas 75098 The undersigned has paid in full for all labor,subcontract work,equipment and materials supplied to the above described project and hereby releases all mechanic's lien,materialman's lien,stop notice,equitable lien and labor and material bond rights on the project. This release is for the benefit of,and may be relied upon by the Owner,the prime contractor,the construction lender,and the principal and surety on any labor and material bond posted for the project. NOTWITHSTANDING anything to the contrary herein,L.H.Lacy Company,Ltd.expressly reserves all rights and remedies it may have with respect to claim involving additional overhead and/or extras. NOTE:The purpose of this instrument is for the inducement of payment and effectu• p•' receipt`` of final p ment. L.H OMPA'` D. BY:LAC) ,G NE-A ;•RTNER Geo ;e R. 'ivero,CFO Pay Est.#10005 Final Retainage-$44,614.16 STATE OF TEXAS COUNTY OF DALLAS Before me,the undersigned Janice L.Woody,a Notary Public in and for said County and State on this day personally appeared George R.Rivero,who,being by me duly sworn,and known to me to be the person whose name is subscribed to the foregoing instrument,acknowledged tt ({-$tk-K a same was his act and that he executed the same for the purposes and consideration therein expressed,and that the statements therein contained E L, bV 0/,•,, GIVEN UNDER MY HAND AND SEAL OF OFFICE,t 's 24thday Octobe.,2007. a ,CSp�AY r»c4l®� My Commission expires 12/11/2007. � a Notary Public in and for Dallas County. (X/ 's,• • „, g ARTICLE 1556 OF THE TEXAS REVISED ARTICLE 1 OF THE TEXAS PENAL CODE AR4CL�oS � ICE TES REVISED CIVIL STATUTES PROVIDES AS FOLLOWS: PROVID AS FOLLOWS: CIVI TAT OVa1' ES AS FOLLOWS "If any person shall remove any personal property of any "If any person shall deliberately and willfully,under oath or "All partic.'i' a 1 i e '8'ider this law to file a lien, thereof covered by the lien created by Chapter 17, Affirmation legally administered,make a false statement by And have do '{Jd4tin ll W such lien is paid or satisfied,or Acts of the 35th Legislature Regular Session,from the a voluntary declaration of affidavit,which is not required Have received their proper lienable parts for which the where it was located when the lien therein provided By,of swearing,and shall be punished by confinement in Owner of the building would be liable under this law,shall for shall have been filed of record,without the written The penitentiary not less than two or more than five years. Record a relinquishment and satisfaction of such lien. Acts Consent of the owner and holder of said lien,with intent to O.C.294." 1876,p.91;G.L.Vol.8,p.927:Acts 1889,p.110: G.L. defraud the person having such lien,either originally or by Vol.9,p.1136." transfer,he shall be fined not less that five nor more than five hundred dollars. Acts 1917,p.28." STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION—NORTH CENTRAL TEXAS October 2004 Form A.S. BOND No. 1022074 MAINTENANCE BOND STATE OF TEXAS g KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § THATL. H. LACY COMPANY, LTD. , a corporation organized and existing under the laws of the State of TEXAS ,and fully authorized to transact business In the State of Texas,whose address is 1880 CROWN ROAD of the City of ALLAS ,County of DALLAS ,State of I EXAS ,(hereinafter referred to as'Principal"),and ARCH INSURANCE COMPANY (hereinafter referred to as'Surety'),a corporation organized under the laws of the State of M is S O U RI and authorized under the laws of the State of Texas to act as Surety on bonds for principals,are held and firmly bound unto CITY OF WYLI E, TEXAS (hereinafter referred to as'owNEA')in the penal sum of$ 892.283.02 in lawful money of the United States, for the payment whereof, the said Principal and Surety find themselves, and their heirs, administrators, executors, successors,and assigns,jointly and severally,firmly by these presents: WHEREAS,the Principal has entered Into a certain written Contract with the owNER,dated thi3OTHH day of MARCH 2007 . to which said Contract is hereby referred to and made a part hereof and as fully and to the same extent as if copied at length herein for the construction of ALANIS DRIVE EXTENSION NOW,THEREFORE,the condition of this obligation is suchOhat the bond guarantees the full and proper maintenance and repair of the work herein contracted to be done and performed for a period of I WO year(s)from the date of acceptance and Principal will do ail necessary bachdilling that may arise on account of sunken conditions in ditches,or otherwise, and do and perform all necessary work and repair any defective condition growing out of or arising from the improper laying or construction of same,or on account of any breaking of same caused by said CONTRACTOR in construction of same,or on account of any defect arising in any of said work laid or constructed by said CONTRACTOR or on account of improper excavation or backfl ling,it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials,work or labor performed by said CONTRACTOR,then this obligation shall be void;otherwwise, to remain in full force and effect;and In case said CONTRACTOR shall fall to do so,it is agreed that the OWNER may do said work and supply such materials and charge the same against said CONTRACTOR and Surety on this obligation. Provided further,that if any legal action be fled on this Bond,venue shall lie in A S County,Texas. PROVIDED,HOWEVER,that said Surety,for value received,stipulates and agrees the bond shall automatically be increased bq the amount of any Change Order or supplemental agreement which increases the Contract price with or without notice to the Surety and that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work performed thereunder, or the plans, - specifications,or drawings accompanying the same shall in any way affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration,or addition to the terms of the Contract or to the work to be performed thereunder. The ned and designated agent is hereby designated by Surety herein as the agent resident to whom any requisite notice may be dative on whom service of process may be had in matters arising out of such suretyship. IN WHEREOF,the said Pi ncipal and Surety have signed and sealed this instrument on this the 5 th day of ctob 20 u7 WITNESS PRINCIPAL Printed/Typed Name JOM r,Q . c�J,QA,�5hh/ Tide: C.(�it / v (O4 Uie/LGo.e • Company: L. H.LACY CC�OMPANY, LTD. Address: 1880 ' R•y, Ro D s, TExAs 75234 Print ed N: Kristi ovett KRISTY KNAP Title:ATORNEY-1N-I-ACT Company: ARCH INSURANCE COMPANY Address: 2911 TURTLE CREEK1SLVD., #300,DALLAS, Tx75219 The Resident Agent of the Surety_for delivery of notice and service of process is: Name: ARCH INSURANCE COMPANY Address: 2911 TURTLE CREEK BLVD.,#3O0 DALLAS,Tx 752 1 9 Note: Date of Band must NOT be Phone number: (2 14) 599-8332 prior to date of Contract. POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Kristi Lovett, Kristy Knapp,Vickie Byus, David G. Miclette, Barry K. McCord, Edward G. Britt, Jr., Samuel F. Bowen, Robert C. Davis, Ashley Britt, and David T. Miclette of Houston, TX(EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings • EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 5th day of October , 2006 Arch Insurance Company Attested and Certified g��ance C o {" CORPORATE Si v SEAL �1971 E` //� ••/ f i � çd rdfe,M. Titus,Martin J. Nil`sen, Secretary a w �hce President STATE OF NEW YORK SS COUNTY OF NEW YORK SS I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free an voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. PETER J. CALLEO,ESQ. Notary Public, State of New York Peter J. Cal , Notary Pu Iic No.02CA6109336 My commissi n expires 5-03-2008 Qv:Hied in New York County CERTIFICATION Commission Expires May 3, 2008 I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEEOF, I hay er un o subscribed my name and affixed the corporate seal of the Arch Insurance Company on this .c. day of , 20D-7 . i 7 � Martin J.44ilsen, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety 3 Parkway, Suite 1500 Philadelphia, PA 19102 got ance C o 1c g CORPORATE v SEAL td K1 1971 kissoo 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. 4,,r ARCH Insurance Company ARCH Surety TEXAS CONSUMER NOTICE IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent at the telephone number provided on the Declarations page of your policy. You may contact Mike Pete, Surety, Arch Insurance Company, at the toll-free telephone number or address provided below: Arch Insurance Company Attention: Mike Pete 3 Parkway Suite 1500 Philadelphia PA 19102 1-866-472-8845 You may contact the Texas Department of Insurance to obtain information on companies' coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O, Box 149091 Austin, TX. 78714-9091 FAX# (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. (Ed. 6/06) Printed in U.S.A. TERRORISM RISK INSURANCE ACT OF 2002 STATUS NOTICE TERRORISM COVERAGE PROVIDED UNDER THIS BOND The Terrorism Risk Insurance Act of 2002 established a program within the Department of Treasury under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act has been reauthorized excluding coverage which is the subject of this bond. Since the federal Program has been modified, you will have no coverage for certified acts of terrorism as was previously required under the Terrorism Risk Insurance Act of 2002. If you have any questions, please contact your insurance broker or agent. This Notice does not form a part of your bond. If there is any conflict between this Notice and the bond (including its endorsements), the provisions of the bond (including its endorsements) apply. 00 MLT0035 00 01 06 Page 1 of 1 14/ Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 11-13-07 Item Number: 1 Department: City Manager/WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 10-31-07 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Resolution No. 2007-38(R) adopting guidelines and criteria for the provision of tax abatement agreements. Recommendation A motion to approve Resolution No. 2007-38(R) adopting guidelines and criteria for the provision of tax abatement agreements. Discussion Over the last several months, the Wylie City Council has considered the merits surrounding the provision of a tax abatement to stimulate economic development within a commercial sector of the community. In order to do so,there are several procedural steps which must be taken in order to develop this type of incentive program. A taxing entity may not enter into a tax abatement agreement as authorized by the Property Redevelopment and Tax Abatement Act unless the governing body has established guidelines and criteria governing tax abatement agreements by the taxing entity and a resolution stating that the taxing entity elects to become eligible to participate in tax abatements. What these guidelines do not do is: (1) limit the discretion of the governing body to decide whether to enter into a specific tax abatement agreement; (2) limit the discretion of the governing body to delegate to its employees the authority to determine whether or not the governing body should consider a particular application or request for tax abatement; or (3) create any property, contract, or other legal right in any person to have the governing body consider or grant a specific application or request for tax abatement. The attached Resolution and associated guidelines establish subjective criteria for evaluating requests for tax abatements, minimum thresholds to be eligible for consideration for both new and exiting businesses, as well as maximum abatement levels. Approved By Initial Date Department Director SS 10/31/07 City Manager Al\IA) 1' b \C7 Page 1 of 1 RESOLUTION NO. 2007-38(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ADOPTING GUIDELINES AND CRITERIA FOR THE PROVISION OF TAX ABATEMENT AGREEMENTS, ADOPTING A COMPREHENSIVE POLICY STATEMENT FOR ECONOMIC DEVELOPMENT INCENTIVES; ESTABLISHING OBJECTIVE AND SUBJECTIVE CRITERIA EVALUATING INCENTIVE APPLICATIONS; ESTABLISHING MAXIMUM INCENTIVES TO BE PROVIDED; ESTABLISHING PROCEDURAL GUIDELINES FOR EVALUATING INCENTIVE APPLICATIONS; AND PROVIDING GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS. WHEREAS,the City of Wylie, Texas ("Wylie") is committed to the long term economic growth and vitality of the City of Wylie and desires to promote a balanced property tax base; and WHEREAS, the City of Wylie realizes the positive benefits of job creation and economic diversification; and WHEREAS, the City of Wylie desires to attract and retain quality business and industry which compliment the quality of life within the community; and WHEREAS, the City of Wylie realizes the attraction of long term investment and the establishment of new jobs in the area would enhance the economic base of the City of Wylie; and WHEREAS, the City of Wylie may from time to time wish to stimulate economic development within the community through the provision of tax abatements and other economic development incentives; and WHEREAS, the City of Wylie realizes the abatement of taxes, when offered, will be an effective method of enhancing and diversifying the local economy through the attraction of new jobs and new wealth from outside the community; and WHEREAS, the City of Wylie acknowledges the Texas Tax Code Chapter 312, the Property Redevelopment and Tax Abatement Act (the "Act"), allows taxing units the ability to provide tax abatement for limited periods of time as an inducement for the development or redevelopment of a property and the City of Wylie elects to be eligible to participate in tax abatement; and WHEREAS, the City of Wylie acknowledges the Act requires any eligible taxing jurisdiction to establish guidelines and criteria as to eligibility for tax abatement agreements prior to the granting of any future tax abatements and the City of Wylie has established guidelines and criteria attached hereto as Exhibit "A" and incorporated herein for all purposes. Resolution No.2007-38(R) Adopting Guidelines for a Reinvestment Zone Page 1 499884.v2 NOW, THEREFORE, BE IT RESOLVED THAT 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 Resolution as if fully set forth herein. SECTION 2. Guidelines and Criteria Established. Wylie, pursuant to Section 312.002, Texas Tax Code, hereby establishes the guidelines and criteria governing tax abatement agreements, which are attached hereto as Exhibit"A" and incorporated as if fully set forth herein for all purposes. SECTION 3. Election to Participate. Wylie hereby elects to be eligible to participate in tax abatement. SECTION 4. Effective Date. This Resolution shall become effective immediately upon its adoption. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 13th day of November 2007. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Abernathy, Roeder, Boyd& Joplin, P.C. Richard Abernathy, City Attorney Resolution No.2007-38(R) Adopting Guidelines for a Reinvestment Zone Page 2 499884.v2 EXHIBIT "A" -Economic Development Incentives I. Purpose and Objective The City of Wylie is committed to the promotion of quality development in all parts of the City and to an ongoing improvement in the quality of life for its residents. These objectives are generally served by the enhancement and expansion of the local economy. The City of Wylie will, on a case by case basis, give consideration to providing incentives as stimulation for economic development in Wylie. Nothing herein shall imply or suggest that the City of Wylie is under obligation to provide any incentive to any applicant. All applications shall be considered on a case by case basis. II. Criteria for Economic Development Incentives: Any request for tax abatement shall be reviewed by the City Council. A. Subjective Evaluation: The Council's recommendation shall be based, in part, upon a subjective evaluation of the following criteria which each applicant will be requested to address in narrative format. Employment Impact How many jobs will be brought to Wylie? What types of jobs will be created? What will the total annual payroll be? Fiscal Impact How much real and personal property value will be added to the tax rolls? How much direct sales tax will be generated? How will this project affect existing businesses and/or office facilities? What infrastructure construction would be required? What is the total annual operating budget of this facility projected to be? Community Impact What effect would the project have on the local housing market? What environmental impact, if any, will be created by the project? How compatible is the project with the City's comprehensive plan? Impact on Services and Planning: Is the project consistent with the comprehensive plan with or of the City of Wylie? What types and costs of public improvements and services (sewer main extensions, streets, alleys, etc.) will be required of the City? What types Resolution No.2007-38(R) Adopting Guidelines for a Reinvestment Zone Page 3 499884.v2 and values of public improvements if any will be made by the applicant? B. Minimum Thresholds to be Eligible for Consideration (New Business): The following threshold criteria shall also be used to determine whether any economic development incentives shall be granted to new projects: 1. The proposed project must create at least ten (10) or more jobs by the end of the abatement period. 2. The proposed project must provide for taxable assets within two (2) years from the commencement of construction as evidence by a building permit issued by the City of Wylie. 3. The project must meet all relevant zoning requirements. 4. Generally to be eligible, a project must consist of an industrial, commercial, or warehouse use. C. Minimum Thresholds to be Eligible for Consideration (Existing Businesses): The City of Wylie recognizes the importance of expansion of the existing businesses as a key element in the economic development of the City. Therefore, different criteria for incentive eligibility have been developed for business expansion. In order to be eligible for abatement, an expanding business must meet the following criteria: 1. The project must create ten (10) or more jobs by the end abatement period. 2. The project must result in an addition of$500,000 in assessed value within the first year of the abatement. 3. The project must also meet the criteria as stated previously in this section. III. Types of Incentives It is the intent of the City of Wylie to evaluate the offering of economic development incentives on a case by case basis. This individualized design of a total incentive package is intended to allow a maximum flexibility in addressing the unique concerns of each applicant while enabling the City to better respond to the changing needs of the community. Below is a chart which reflects the percentage amount to be abated: MAXIMUM TAX ABATEMENT NEWLY CREATED VALUE OVER 5 YEAR PERIOD $3 million+ 400% $2 million- $2,999,999 300% Resolution No.2007-38(R) Adopting Guidelines for a Reinvestment Zone Page 4 499884.v2 $1 million- $1,999,999 200% EXPANDED VALUE $2.5 million+ 400% $1,500,000 - $2,499,999 300% $500,000 - $1,499,999 200% Abatements may be granted for terms from two to five (2 - 5) years but may be extended to the limits as specified by state law. Abatements of greater than five (5) years may be considered, only if it can be clearly demonstrated that it is economically beneficial to the City to do so. Abatement periods in excess of five (5) years must be approved by a three- quarter vote of the City Council. Should the City Council approve an abatement agreement in excess of five (5) years, it is within its sole discretion to increase the maximum tax abatement offered. The above chart reflects the maximum tax incentive to be eligible for over a period not to exceed five (5) years. No applicant may take a percentage greater than 100% in any given year. For example, the qualified applicant may choose to take the 200% abatement over a two (2) year period at 100% each year; or may extend it to 50% each year for four (4) years. The same method would apply to the 300% and 400% abatement. Please keep in mind that the percentages stated on the right are the maximum amounts. Should the Wylie City Council hear supplementary evidence supporting a tax abatement beyond those guidelines and criteria established by this Resolution, a unanimous vote of the City Council will be required. For example, should a 400%, five- year tax abatement be sought by an applicant for a project having less than $3 million in newly created value, a unanimous vote of the City Council will be required. IV. Application Procedures Any person applying for economic development incentives will be required to comply with several application procedures as determined by the Office of the City Manager or its designee. V. Recapture The City of Wylie will have very specific performance standards that will be measured to ensure that the qualified applicant is adhering to these guidelines and any abatement agreement. In the event that the company or individual fails to keep current on ad valorem or other taxes, or violates the terms and conditions of the abatement agreement in any fashion; the City of Wylie will have the option along with the other taxing entities, to recoup any tax monies that were abated. Resolution No.2007-38(R) Adopting Guidelines for a Reinvestment Zone Page 5 499884.v2 VI. Assignment The abatement may be transferred and assigned by the holder to a new owner or lessee of the same facility upon approval of the City Council; subject to the financial capacity of the assignee and provided that all conditions and obligations in the abatement agreement are guaranteed by the execution of a new contractual agreement with the City of Wylie and all performance criteria are being met. VII.Sunset Provisions The guidelines and criteria are effective upon the date of their adoption and will remain in force for two (2) years. At which time all reinvestment zones and tax abatement contracts created pursuant to its provisions, will be reviewed by the City Council of Wylie to determine whether the goals of the abatement program has been achieved. Based upon that review, the guidelines and criteria may be modified, renewed or eliminated. VIII. Committee In order for Wylie to have a successful program Wylie must receive cooperation from the other taxing entities, i.e. Wylie ISD, Collin County and Collin County Community College District. Should more than one (1) entity grant tax abatements, it is recommended that a joint committee on tax abatement be established consisting of two (2) officials from each of the taxing units to review and consider each applicant, if the other taxing units are willing to participate in such committee. Resolution No.2007-38(R) Adopting Guidelines for a Reinvestment Zone Page 6 499884.v2 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 13, 2007 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 10/29/07 Budgeted Amount: Exhibits: Subject Hold a Public Hearing and consider, and act upon, an amendment to Zoning Ordinance 2005-28 Article 3 (Residential District Regulations) as it relates to Yard Requirements,particularly non-enclosed patio covers. Recommendation Hold the Public Hearing and continue the Public Hearing and table the item to the December 11, 2007 City Council meeting. Discussion Staff is requesting to table this item until December 11, 2007, to allow additional time to research desired materials and wording, roofing types, distance, and size for non-enclosed patio covers as requested by the Planning and Zoning Commission. However, because publication and notification of the requested amendment has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment,and then table to December 11,2007. Approved By Initial Date Department Director RO 10/29/07 City Manager M k\Ib (} l Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 11-13-07 Item Number: 3 Department: City Manager/WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 10-31-07 Budgeted Amount: Exhibits: 1 Subject Hold a public hearing to hear evidence for or against the creation of a Reinvestment Zone as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code. Recommendation Hold public hearing and take no action. Discussion In compliance with the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, this public hearing was published at least seven days prior in a newspaper of general circulation. As well, seven days' written notice of the hearing was given to the presiding officer of each of the other taxing units having jurisdiction over real property within the zone. A reinvestment zone is a contiguous area within which tax abatements can be offered. Prior to the creation of the zone by Ordinance, this public hearing must be held to allow any interested person the opportunity to present evidence for or against the designation of a reinvestment zone. At this public hearing, the City Council must find that the improvements sought within the zone are feasible and will be of benefit to the zone after the expiration of the tax abatement agreement and that the designation of the zone is reasonably likely to attract significant investment to the zone. In review, within the proposed reinvestment zone, Greenway Investments will be remediating an approximate 14-acre area which is impacted by a landfill. The landfill consists of plastic shavings which previously encased copper wiring. Over the past 30+ years, the plastic has deteriorated to a point which compaction for building sites is unachievable. Further, the estimated remediation cost of $2 million creates a lease rate which is currently not attainable in the Wylie market. The significant investment referred to above has been estimated at $20 million in net new valuation by the end of the 10-year abatement period with cumulative retail sales of$37.6 million(gross sales) over the same period. Please note however that minimum required valuation will be significantly less based upon the new development being 100% contingent on the retail market environment. Further, the abatement agreement being presented to Council on December 11, 2007 is 100% performance drive. If the environmental remediation of the site (which is funded 100%by Greenway) is not completed,the program ceases to exist with all abated taxes Page 1 of 2 Page 2 of 2 returned. Additionally, should Greenway succeed in only attracting $10 million in new value opposed to the projected $20 million, it will be that much less in remediation costs that Greenway will not be `reimbursed' for. It should be noted for the record that while the designation of the zone is reasonably likely to attract significant investment, the converse is more applicable in that the lack of the designation and subsequent tax abatement agreement is reasonably likely to result in less development or new development over a much extended period of time. Approved By Initial Date Department Director SS 10/31/07 4'ry�City Manager \YIN REINVESTMENT ZONE NUMBER 6 • * L .- f .%_, .e„,j,..,, ., , ''z' ';--47;4":17:. t. '' ''441 ! ' ea • , — 2 .i. .,_, . , . . t� . l -• l e IFI- 1, 1 4,t. �r i j • #1 ,a�«'qa ; L. �---ini ... ray ■�. � ,.�� g��., � �_ 1 , �' :• - • I NNE�fIII . • ,4: 1 , ..,--- ...tor:Prf"'::.: .::. : k. , . -• _ .11 ebs .{ ♦ / fie'.11 "R. 1R. ., :,ir. ''''-rt ‘ ' ''''''' ' 1,,4,,:iff:L'451t; • . : lit 0 , it :.-4: . , \ i t u / i ' ., ` !tip -'.+ 4, • r. ; • ,,` 1 : -w 1 \ H % � '\ ,p; . "'�' ', • , ir‘P• • .440i !--' • 1 — L • 1 1 � p 1 ,, , / l . Aii , .7 Chris Hoisted, P.E. 0 115 230 460 Feet City Engineer IIIIIIIII 949 Hensley Lane Wylie, Texas 75098 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 13, 2007 Item Number: 4 Department: Police (City Secretary's Use Only) Prepared By: Asst. Police Chief Duscio Account Code: Date Prepared: 10-26-07 Budgeted Amount: Exhibits: Ordinance No. 2005-08 Subject Hold the first of two Public Hearings regarding the need to continue, abolish or modify the City of Wylie Juvenile Curfew Ordinance No. 2005-08. Recommendation Public Hearing only,no action required. Discussion Texas Local Government Code § 370.002 (a) states that before the third anniversary of the date of adoption of a juvenile curfew ordinance by a general-law municipality or a home-rule municipality or an order of a county commissioners court, and every third year thereafter, the governing body of the general-law municipality or home-rule municipality or the commissioners court of the county shall: (1) review the ordinance or order's effects on the community and on problems the ordinance or order was intended to remedy; (2) conduct public hearings on the need to continue the ordinance or order; and (3) abolish, continue, or modify the ordinance or order. Section 370.002 (b) states: (b) Failure to act in accordance with Subsections (a) (1)-(3) shall cause the ordinance or order to expire. The first of two public hearings to receive input from citizens and staff is scheduled for tonight's meeting. The second public hear and action regarding Ordinance No. 2005-08 will be held at the December 11, 2007 City Council Meeting. The Ordinance was passed January 25, 2005 and would expire January 25, 2008 if no action is taken. Approved By Initial Date Department Director JD 10-26-07 City Manager �� (\ U 1 Page 1 ORDINANCE NO. 2005-08 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS REPEALING WYLIE ORDINANCE NOS.79-23,95-2 AND 95-3;ESTABLISHING A CURFEW FOR MINORS FOR THE CITY OF WYLIE, TEXAS; CREATING OFFENSES FOR MINORS, PARENTS, GUARDIANS OF MINORS AND BUSINESS ESTABLISHMENTS FOR VIOLATING CURFEW REGULATIONS; DEFINING TERMS AND PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT;PROVIDING FOR WAIVER OF JURISDICTION BY THE COURT WHEN REQUIRED UNDER THE TEXAS FAMILY CODE; PROVIDING FOR REVIEW OF THIS ORDINANCE; PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS,the City Council of the City of Wylie,Texas("City Council")has investigated and determined that there has been an increase in juvenile violence,juvenile gang activity and crime by persons under the age of seventeen(17)in the City of Wylie,Texas("Wylie"); and WHEREAS,the City Council has further investigated and determined that persons under the age of seventeen (17) are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime; and WHEREAS, the City Council, on behalf of Wylie and its citizens, has an obligation to provide for the protection of minors from each other and from other persons;for the enforcement of parental control over and responsibility for children;for the protection of the general public;and for the reduction of incidence of juvenile criminal activities; and WHEREAS,the City Council has further investigated and determined that it is in the best interest of Wylie and its citizens to repeal Ordinance Nos. 79-23, 95-2 and 95-3; and WHEREAS,the City Council has further investigated and determined that it is in the best interests of Wylie and its citizens to establish a curfew for those under the age of seventeen(17),as set forth below, which will promote public health, safety and general welfare; help attain the foregoing objectives;and diminish the undesirable impact of such conduct on the citizens of Wylie. 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: ORDINANCE NOS. 79-23,95-2 AND 95-3 REPEALED. Wylie Ordinance Nos.79-23,95-2 and 95-3 are hereby repealed. Such repeal shall not abate any pending prosecution ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 1 for violation of the repealed Wylie Ordinance Nos.79-23,95-2 and 95-3,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of Wylie Ordinance Nos. 79-23, 95-2 and 95-3. SECTION 3: DEFINITIONS. 3.1 For the purposes of this Ordinance, when not inconsistent with the context, words used in the present tense include the future tense,words in the plural include the singular,and words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. Words not defined in this Section shall be given their common and ordinary meaning. 3.2 For the purposes of this Ordinance, the following words, terms, phrases and their derivations shall have the meaning given in this Section 3.2. (A) CURFEW HOURS means: (1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and (2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. (B) EMERGENCY means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes,but is not limited to, a fire,a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life. (C) ESTABLISHMENT means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment. (D) GUARDIAN means: (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by a court. (E) MINOR means any person under seventeen(17)years of age. (F) OPERATOR means any individual, firm, association, partnership or corporation operating,managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers and directors of a corporation. ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 2 (G) PARENT means a person who is: (1) a natural parent,adoptive parent or step-parent of another person;or (2) at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor. (H) PUBLIC PLACE means any place to which the public or a substantial group of the public has access and includes,but is not limited to,streets,highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. (I) REMAIN means to: (1) linger or stay; or (2) fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises. (J) SERIOUS BODILY INJURY means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. SECTION 4: OFFENSES. 4.1 A minor commits an offense if he remains in any public place or on the premises of any establishment within Wylie during curfew hours. 4.2 A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within Wylie during curfew hours. 4.3 The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. SECTION 5: DEFENSES. 5.1 It is a defense to prosecution under Section 4 that the minor was: (A) accompanied by the minor's parent or guardian; (B) on an errand at the direction of the minor's parent or guardian, without any detour or stop; (C) in a motor vehicle involved in interstate travel; (D) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 3 (E) involved in an emergency; (F) on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence; (G) attending an official school, religious, or other recreational activity supervised by adults and sponsored by Wylie,a civic organization or another similar entity that takes responsibility for the minor or going to or returning home from,without any detour or stop,an official school,religious or other recreational activity supervised by adults and sponsored by Wylie, a civic organization or another similar entity that takes responsibility for the minor; (H) exercising First Amendment rights protected by the United States Constitution,such as the free exercise of religion,freedom of speech and the right of assembly; or (I) married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code, as amended. 5.2 It is a defense to prosecution under Subsection 4.3 that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. SECTION 6: ENFORCEMENT. Before taking any enforcement action under this Section,a peace officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 5 is present. SECTION 7: PENALTIES. 7.1 Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore,shall be fined a sum not exceeding Five Hundred Dollars($500.00). Each and every day that such violation continues shall be considered a separate offense. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. 7.2 When required by Section 51.08 of the Texas Family Code, as amended, the court shall waive original jurisdiction over a person who violates Section 4 and shall refer the person to the appropriate court. SECTION 8: REVIEW OF ORDINANCE. Before the third anniversary of the date of the adoption of this Ordinance, and every third year thereafter,the City Council shall: ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 4 (A) review the effects of the Ordinance on the community and on problems the Ordinance was intended to remedy; (B) conduct public hearings on the need to continue the Ordinance; and (C) abolish, continue, or modify the Ordinance. The failure of the City Council to act in accordance with this Section shall cause this Ordinance to expire without further action by the City Council. SECTION 9: 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 10: 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 11: EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption 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 25th day of January 2005. /I ✓ JO MON Y, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: ``‘` SEAL ' '►' y/��' C OLE EH I , City Secretary:: /4/1,,t► "%<‘` Date of publication in The Wylie News-February 2,2005 ORDINANCE NO.2005-08 JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 5 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 11-13-07 Item Number: 5 Department: City Manager/WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 10-31-07 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2007-39 creating Reinvestment Zone Number 6 as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code. Recommendation A motion to approve Ordinance No. 2007-39 creating Reinvestment Zone Number 6 as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code. Discussion Consideration of the attached Ordinance is the final step required prior to potentially entering into a Tax Abatement Agreement with Greenway Investments. All technical aspects of creating Reinvestment Zone Number 6 have been met. The primary issue relevant at this point is that the proposed environmental remediation and future commercial development (which will be detailed in the Tax Abatement Agreement presented at the December 11, 2007 Council Meeting) will result in a benefit to the City now and after expiration of the Zone designation. Further, as noted in Section 3 (e), 'the development or redevelopment of the property in the proposed Reinvestment Zone will not occur solely through private investment in the reasonably foreseeable future.' Approval of this Ordinance does not authorize a tax abatement of any kind. This Ordinance only creates a specific area within the community within which tax abatements can lawfully be considered as per approved guidelines and criteria for the provision of tax abatement agreements. As noted on Exhibit "A"to the Ordinance, the 27.83 acre Reinvestment Zone is due east of Albertson's with an eastern and southern boundary of the KCS rail line and a northern boundary of F.M. 544. Also part of the Zone linked via a narrow strip of KSC right-of-way, the Zone also includes a±16 acre tract south of Tractor Supply and pad sites northwest and southwest of Home Depot. Reinvestment Zone Number 6 is wholly owned by Greenway Investments. Approved By Initial Date Department Director SS 10/ 1/ 7 City Manager (\f\1\i1} l` o-] Page 1 of 1 ORDINANCE NO.2007-39 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DESIGNATING REINVESTMENT ZONE NUMBER SIX, ON FOUR TRACTS CONSISTING OF APPROXIMATELY 27.83 ACRES WITHIN THAT PORTION OF THE CITY OF WYLIE NORTHWEST OF STATE HIGHWAY 78, SOUTH OF F.M. 544, AND BOTH EAST AND WEST OF WESTGATE WAY; PROVIDING A REPEALING CLAUSE; 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, (the "City"), desires to promote the development and/or redevelopment of a certain contiguous geographic area reflected on Exhibit"A"within its jurisdiction by the creation of a reinvestment zone, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, (the "Act"); and WHEREAS, in compliance with the Act, notice of such public hearing was published in The Wylie News, a paper of general circulation in the City, such publication date being not later than seven(7)days prior to the date of the public hearing; and WHEREAS, in compliance with the Act,the City has called a public hearing to receive public comments on the advisability of creating such Reinvestment Zone (hereinafter defined) and its benefits to the City and the property in the proposed Reinvestment Zone; and WHEREAS, such hearing was convened at the time and place mentioned in the published notice, to wit, on the 13 day of November, 2007, at 6:00 p.m. at the City Council Chambers in the City Hall of the City, which hearing was then closed; and WHEREAS, the City Council, at such hearing invited any interested person to appear and comment for or against the creation of the Reinvestment Zone, the boundaries of the proposed Reinvestment Zone, whether all or part of the territory included in the boundary description and depicted in the map which together are attached hereto as Exhibit "A", should be included in such proposed Reinvestment Zone; and WHEREAS, all owners of property located within the proposed Reinvestment Zone and all other taxing units and other interested persons were given the opportunity at such public hearing to protest the creation of the proposed Reinvestment Zone; and WHEREAS, the proponents of the Reinvestment Zone offered evidence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the Reinvestment Zone, and opponents, if any, of the Reinvestment Zone appeared to contest creation of the Reinvestment Zone; and Ordinance No.2007-39 Creating Reinvestment Zone Number Six Page 1 499878v2 WHEREAS, the City Council finds that the improvements sought in the Reinvestment Zone are feasible and practical and will be a benefit to the property to be included in the Reinvestment Zone and to the City after the expiration of an agreement entered into as authorized by the Act; and WHEREAS, the City Council investigated and determined that the City has complied with any and all applicable laws and statutes with regard to the creation of the Reinvestment Zone. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1. Findings. The facts,recitations and findings contained in the preamble of this Ordinance are incorporated into the body of this Ordinance as if fully set forth herein and are found and declared to be true and correct. SECTION 2. Designation of Zone. The City hereby creates a reinvestment zone over the area described and depicted on Exhibit "A", attached hereto and incorporated herein for all purposes, and such reinvestment zone shall hereafter be identified as Reinvestment Zone Number Six, City of Wylie, Texas(the "Zone" or "Reinvestment Zone"). SECTION 3. Additional Findings. The City Council, after conducting such hearing and having heard such evidence and testimony, has made the following additional findings and determinations based on the evidence and testimony presented to it: (a) The public hearing on adoption of the Reinvestment Zone has been properly held and conducted and that notice of such hearing has been published as required by law and delivered to all taxing units overlapping the territory inside the proposed Reinvestment Zone. (b) Creation of the proposed Reinvestment Zone with boundaries as described in Exhibit "A", attached hereto, will result in benefits to the City, its residents and property owners, in general, and to the property, residents and property owners in the Reinvestment Zone. (c) The Reinvestment Zone meets the criteria for the creation of a Reinvestment Zone as set forth in the Act in that: (1) It is an area that due to, among other things, the environmental condition of the property in the area: (A) substantially arrests and impairs the sound growth of the City; (B) constitutes an economic and social liability; and (C) constitutes a menace to the public health, safety and welfare in its present condition, because of the presence of: (i) unsanitary and unsafe conditions; and (ii) deterioration in the condition of the area. Ordinance No.2007-39 Creating Reinvestment Zone Number Six Page 2 499878v2 (2) The area is reasonably likely to contribute to the retention and expansion of primary employment and to attract major investment in the area that would be a benefit to the property and contribute to the economic development of the City. (d) The improvements in the Reinvestment Zone will significantly enhance the value of all taxable real property in the Reinvestment Zone. (e) The development or redevelopment of the property in the proposed Reinvestment Zone will not occur solely through private investment in the reasonably foreseeable future. SECTION 4. Eligibility for Tax Abatement. Property located in the Reinvestment Zone is eligible to enter into agreements to receive commercial-industrial ad valorem tax abatement, sales tax abatements and other tax incentives approved by the City Council except residential tax abatements. SECTION 5. Effective Date of Zone. The Zone shall take effect immediately, and the termination of the Zone shall occur on the fifth anniversary of the Zone or at an earlier time designated by subsequent ordinance of the City Council in the event the City determines that the Zone should be terminated due to insufficient private investment, accelerated private investment or other good cause, or at such time as all project costs and debt, if any, and the interest thereon, have been paid in full. The Term of the Zone shall automatically renew for an additional five (5) year term, unless otherwise provided by subsequent ordinance of the City Council. Additional renewal of five (5) terms may only occur upon affirmative action by the City Council to authorize additional terms. SECTION 6. 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 7. Severability. Should any section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full for force and effect. The City hereby declares that it would have passed this Ordinance, and each section, subsection, clauses and phrases be declared unconstitutional or invalid. SECTION 8. Effective Date. This Ordinance shall be effective immediately upon its passage. Ordinance No.2007-39 Creating Reinvestment Zone Number Six Page 3 499878v2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, on this 13`" day of November, 2007. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Abernathy, Roeder, Boyd&Joplin, P.C. Richard Abernathy, City Attorney Ordinance No.2007-39 Creating Reinvestment Zone Number Six Page 4 499878v2 REINVESTMENT ZONE No. 6 Exhibit "A" BEING a tract of land situated in the Duke Strickland Survey, Abstract No. 841, and the E.C. Davidson Survey, Abstract No. 267, in the City of Wylie, Collin County, Texas, and being all of that same tract of land as described in deed to Greenaway-Columbia, L.P. recorded in Volume 5890, Page 5358 in the Deed Records of Coffin County, Texas (DRCCT), and all of that same tract of land as described in dead to Greenway-Columbia, L.P. recorded in Volume 6026, Page 1681 DRCCT, and all of Lot 6 and Lot 7, Block A of The Greenway Addition, an addition to the City of Wylie, Texas, according to the plat thereof recorded in Volume 0, Page 287 in the Map Records of Collin County, Texas (MRCCT), and a portion. of Lot 2, Block A of Westgate Center, Phase One, an addition to the City of Wylie, Texas, according to the piat thereof recorded in Volume L, Page 659 MRCCT, and a portion of the Kansas City Southern Railroad right-of-way as described by deed recorded in Volume 4983, Page 3109 DRCCT, and being more particularly described as follows: BEGINNING at tne intersection of the south line of F.M. highway No. 544 NV. Kirby Street) (variable width right-of-way), with the northwest line of said Kansas City Southern Railroad right-of-way (150 feet wide); THENCE southerly and southwesterly, along the northwest line of said Kansas City Southern Raifreed right-of-way the following: S C4°01'17" W, 139.02 fee: to the point of curvature Of a itori-tar:gent circular curve to the right having a radius of 522.89 feet; Southwesterly, along said curve to the right, through a central angle of 48°10'49", an arc distance of 439.70 feet and having a chord which bears S 28°06'08" W, 426.86 feet; S 52°11'37" W, 34.25 feet; S 55°11'01" W, 482.89 feet; THENCE S 02'30'1 5" W, departng the northwest line of said Kansas City Southern Railroad right-of- way, 6.13 feet; THENCE S 52°15'30" W, 1032.28 feet; THENCE S 55'04'29" W, 100.12 feet to the intersection of the west line of Westgate Way (100 foot right-of-way) et this point with the northwest line of salt/ Kansas City Southern Railroad right-of-way, said point also being the southeast corner of Lot 2, Block A of said Westgate Center, Phase One; THENCE S 52'1 6'00" lV, along tne northwest lute of said Kansas City Southern Railroad right-of-way and south line of said Lot 2, Block A, 790.00 feet to the southwest corner of said Lot 2. Block A, same being the southeast corner of :he Sander Addition, an addition tc the City of Wylie, Texas, according to the plat thereof recorded it Volume G, Page 543 MRCCT; THENCE fa 00'03'22" E. departing the northwest line of said Kansas C ty Southern Railroad r;ght-of- way, along the west line of said Lot 2, Block A and east line of said Sander Addition, 1392.96 feet to the scutn'.:ost corner of Lot 2.A, Block A cf 'Westgate Center. Pnase One, an addition to the City of bVylie, Texas, accord,r,g to the plat thereof recorded in Voiume M, Page 632 MRCCT; THENCE S 89356'38' E, departing -ne ,:es- 1 re of sac Lot 2, Biocx A and east i ne o= said Sande^ Addition, e crg the soutrn, lire of sa::c Lot 2A Bioc< A, 519.10 fee: to the southeast corner of said Lot 2A, Biock A, and i` ino in the west itne of Westya:e Way (65 foot r ggnt-of-way) a: this point; THENCE P 2E 32 '9' Li, crossing sod ..a5: to .^Jay 67.83 tee: to a point in ,he east lire of said Westgate ';‘,"ay a: the westerly corner of Lot 6, SiocK A of said The Greenway Addition; Page 2 REINVESTMENT ZONE No. 6 THENCE N 45°03'22" E, departing the east line of said Westgate Way, along the northwest line of said Lot 6, Block A, 205.96 feet; THENCE S 87°45'43" E, along the north line of said Lot 6, Block A, 155.60 feet; THENCE S 32°00'57" W. along the southeast line of said Lot 6, Block A, 311.54 feet; THENCE S 64°33'30" W, along the southeast line of said Lot 6. Block A, 41.03 to a point in the east line of said Westgate Way, and lying in a non-tangent circular curve to the right having a radius of 357.50 feet; THENCE southerly, along the east line of said Westgate Way the following: Southeasterly, along said curve to the right, through a central angle of 25°41'11", an arc distance of 160.27 feet and having a chord which bears S 08°16'36" E, 158.93 feet; S 04°34'00" W, 339.46 feet to the northwest corner of Lot 7, Block A of said The Greenway Addition; THENCE S 85°26'00" E, departing the east line of said Westgate Way, along the north line of said Lot 7, Block A, 279.24 feet; THENCE S 37°44'30" E, along the northeast line of said Lot 7, Block A, 59.26 feet to a point in the northwest line of said Kansas City Southern Railroad right-of-way; THENCE N 52°15'31" E, along the northwest line of said Kansas City Southern Railroad right-of-way, 702.98 feet to the southeast corner of Lot 3, Block A of said The Greenway Addition, same being the southwest corner of said Greenway-Columbia, L.P. tracts; THENCE northerly, along the east line of said The Greenway Addition and west line of said Greenway- Columbia, L.P. tracts the following: N 02°30'15" E, 272.02 feet; N 87°32'59" W, 50.32 feet; N 02°22'01" E, 102.06 feet; S 87°41'09" E, 51,24 feet; N 02°14'17" E, 453.59 feet to a point in the south line of said F.M. Highway No. 544; THENCE easterly, along the south line of said F.M. Highway No 544 the following: N 89°42'61" E, 126.08 feet to the point of curvature of a nor-tangent circular curve to the right having a radius of 5,669.58 feet; Southeasterly, aicng said curve to the right, through a central angle of 02°14'00', an arc distance of 220.99 feet and having a chord which bears S 89°10'1 1" E, 220.98 feet; N 88a03`09" E, 60.O3 fee:: S 87°59'23" E, 197.84 feet to the POINT of BEGINNING and containing 27.830 acres of land. Page 3 REINVESTMENT ZONE No. 6 This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. .--;.. !� A Pia,a,• ti� ' ;1 Spar Surveys Brad Sp rr «� fir` `e';',wr_; 2553 C.R. 722 Registered Professional �'' -•-- •---�•-z---' , McKinney, TX 75069 9 EsRA(3 �r',':'' t`r (214) 544 2297 Land Surveyor No. 3701 .....«........_....). ...•,. Y,\.I 3;01r, ... f'I •T'V t!R'�F :i REINVESTMENT ZONE NUMBER 6 rt "MilI , !b11li ‘4 . - , 1 r: .,4!, 1I 11 11:: 1 11 ., t t l, ,9 • �1 r- ` .... . , 4 , i., ____. �'� s • _it-4 il ----..-. ,1 F .1:4418:"..4,41 11.1 . 1 M rr. is z c.J* ,I ) fr \V .:, II .7::,111, - . ." - I r .;*:.' ' .i . N N\''# ) Of • bbb �� ' ` • r xr !at' lk, >,,t, , w Si. r ' ". ► di . 110 # ram• 'i: 4 � a + .E ice-", �' +t• iii 5 , •* ., L. . , ,: 046. : ..,.- i am: ' ,:illikik q I,9....., 1. Chris Hoisted, P.E. 0 115 230 460 Feet City Engineer l i i i l i i i l 949 Hensley Lane Wylie, Texas 75098 7A1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 13, 2007 Item Number: 6 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: N/A Date Prepared: October 23,2007 Budgeted Amount: Exhibits: Resolution-Letters Subject Consider, and act upon, Resolution No. 2007-39(R) casting votes for appointment of a member to the Board of Directors for the Central Appraisal District of Dallas County for a two year term beginning January 1, 2008. Recommendation A motion to approve Resolution No. 2007-39(R) casting votes for for appointment as a member to the Board of Directors of the Central Appraisal District of Dallas County, Texas. Discussion Recently passed House Bill 1010 has changed the appraisal process for cities in more than one county. Each county is required to appraise for their individual county; cutting off at each county line. Previously, each city could opt to appoint one county to appraise all property within the incorporated city, thus the City will know have three appraisal districts, Rockwall, Dallas and Collin performing appraisal of property within the City of Wylie. The Dallas Central Appraisal District has a five member Board of Directors; one representing the County (Dallas County Tax Assessor Collector), a representative appointed by the Dallas ISD, a representative appointed by the City of Dallas, a representative elected by the suburban cities (31 cities), and a representative elected by the suburban ISDs (16 ISDs). In the case of the representative from suburban cities, each city may make a nomination for that position in October. The nominations are compiled into a ballot which is sent to each suburban city in December and one vote may be cast by each city for the nominee of their choice. Ballots are counted and the nominee with the most votes takes office on January 1st for a two year term. Council is asked to consider Resolution No. 2007-39(R) casting votes for a candidate for the Dallas Central Appraisal District for the Board of Directors which must be delivered to the Chief Appraiser before December 19, 2007. Approved By Initial Date Department Director CE 10-23-07 City Manager \ \` 0 Page 1 of 1 RESOLUTION NO.2007-39(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, DALLAS COUNTY, TEXAS, CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. WHEREAS, Dallas County eligible taxing entities have expressed and approved an option which allows for representation to the Appraisal District Board of Directors (in accordance with Section 6.03 of the Texas Property Tax Code) as follows: 1. The City of Dallas shall appoint one (1)member to the Board. 2. The Dallas Independent School District shall appoint one (1) member to the Board. 3. The Dallas County Commissioners Court shall appoint one (1) member to the Board. The member appointed by the Dallas County Commissioners Court shall not be a resident of either the City of Dallas or the Dallas Independent School District. 4. Each of the incorporated cities and towns, except for the City of Dallas, shall have the right to nominate by an official resolution one (1) candidate as to the fourth member of the Board of Directors. The said cities and towns shall, from the nominations received, elect by a majority vote, with each city and town being entitled to one(1)vote,the fourth member of the Board of Directors. 5. Each of the independent school districts, except for the Dallas Independent School District, shall have the right to nominate by an official resolution one (1) candidate as the fifth member of the Board of Directors. The said independent school districts shall, from the nominations received, elect by a majority vote, with each independent school district being entitled to one (1) vote, the fifth member of the Board of Directors. The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a majority of those authorized to vote in 4 and 5 respectively and not by a majority of the quorum; and WHEREAS, the City of Wylie, Texas does hereby cast its vote by marking the ballot below: (Check one only) ❑ Rita Burks ❑ James Daniels ❑ Dwayne M. Gentsch O Michael Hurtt ❑ Robert Thornton ❑ R. Scott Wheeler Resolution No.2007-39(R) Casting Ballot for Board of Directors Central Appraisal District of Dallas County NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wylie, Texas does hereby confirm its one (1) vote for the election of as the suburban cities' representative to the Board of Directors of the Dallas Central Appraisal District. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 13th day of November,2007. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2007-39(R) Casting Ballot for Board of Directors Central Appraisal District of Dallas County Dallas Central Appraisal District Date: October 22,2007 To: John Mondy,Mayor,City of Wylie From: W. Kenneth Nolan, Executive Director/Chief Appraiser •/ - Re: Election of Suburban Cities' Representative to Dallas Central Appraisal District Board of Directors In accordance with state law, the nomination process for persons to serve on the Dallas Central Appraisal District Board of Directors has been completed. By state law, your agency is required to vote by official ballot resolution,which is enclosed. You must do so no later than December 15. The nominees are as follows, in alphabetical order. Also included are the names of agencies nominating each. Nominee Entity(s)Nominating Ms. Rita Burks Balch Springs Mr. James Daniels Lancaster Mr. Dwayne M. Gentsch Garland Mr. Michael Hurtt DeSoto Mr. Robert Thornton Grand Prairie Mr. R. Scott Wheeler Addison, Farmers Branch,Richardson Please act on this election process by official ballot resolution and return the ballot resolution to my office in the enclosed envelope by December 19, 2007. The 1979 resolution adopted by the taxing units participating in Dallas Central Appraisal District, which governs board elections, requires that a candidate receive a majority of the votes in order to be elected to the Board of Directors. Therefore it is imperative that your taxing unit cast its vote before the December 15,2007 deadline. We appreciate your interest in this very important process and look forward to receiving your vote. WKN/vgh Enclosure(Official Ballot Resolution/Return Envelope) cc: Mindy Manson, City Manager Carole Ehrlich, City Secretary Administrative Offices 2949 N. Stemmons Freeway• Dallas,Texas 75247-6195 • (214)631-0520 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 13,2007 Item Number: 7 (City Secretary's Use Only) Department: City Secretary Prepared By: City Secretary Account Code: N/A Date Prepared: October 23, 2007 Budgeted Amount: Exhibits: Resolution-Letters Subject Consider, and act upon, Resolution No. 2007-40(R) casting votes for appointment of a member to the Board of Directors for the Central Appraisal District of Collin County for a two year term beginning January 1, 2008. Recommendation Motion to approve Resolution No. 2007-40(R) casting votes for for appointment as a member to the Board of Directors of the Central Appraisal District of Collin County, Texas. Discussion The City of Wylie has 43 votes that they may cast for the Board of Directors of the Central Appraisal District of Collin County for 2008 through 2010. All votes may be cast for one candidate or distributed among any number of the nominees. Attached is the list of nominations submitted by cities and school districts within Collin County. The vote must be submitted to the Chief Appraiser before December 15, 2007. The City of Richardson is soliciting the City of Wylie's 43 votes to cast for Wayne Mayo who currently serves on the CCAD board. The City of Richardson has noted that they have 59 votes to cast and it will take a coalition of agency's votes to gain Wayne's election. Section 6.03 (g) of the State Property Tax Code requires that the action be taken by resolution. Approved By Initial Date Department Director CE\�� r� 10-23-07 City Manager \ Page 1 of 1 RESOLUTION NO. 2007-40(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY TEXAS, CASTING BALLOTS FOR THE BOARD OF DIRECTORS FOR THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY IN ACCORDANCE WITH SECTION 6.03 (G) OF THE STATE PROPERTY TAX CODE, AND DIRECTING THAT THE CITY SECRETARY NOTIFY INTERESTED PARTIES OF SAID ACTION. WHEREAS, the Wylie City Council is required by the State Property Tax Code to cast votes for the Board of Directors of the Central Appraisal District; and WHEREAS, said votes must be cast no later December 15, 2007, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,TEXAS THAT: SECTION 1: The Wylie City Council casts their 43 votes for: Kevin Anderson Wayne Mayo Doug Zodow Ronald Carlisle William H. Moreford Dr. Leo Fitzgerald Wayne Nabors Wes Hendricks Jim Olk George James Gary Rodenbaugh Linda Lisle Lee Warren Mike Massey Roy Wilshire SECTION 2: The City Secretary is hereby directed to notify all appropriate parties of this action. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 13th day of November 2007. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2007-40(R) Casting Ballot for Board of Directors Central Appraisal District of Collin County it A Collin Central Appraisal District October 19, 2007 Carole Ehrlich, City Secretary City of Wylie 2000 State Highway 78 North Wylie, TX 75098 Dear Ms. Ehrlich: Enclosed you will find the ballot listing the nominees for the Board of Director positions for the Central Appraisal District of Collin County. The candidates are listed alphabetically by their last name. Each voting unit must vote in open meeting, report its vote by written resolution, and submit it to the chief appraiser before December 15, 2007. Each unit may cast all its votes for one candidate or distribute the votes among any number of the candidates listed. Since there is no provision for write-in candidates, the Chief Appraiser may not count votes for someone not listed on the official ballot. Sincerely, 914:"."4;f Jimmie C. Honea Chief Appraiser JCH/mlr Enclosure it A Collin Central Appraisal District OFFICIAL BALLOT ISSUED TO: City of Wylie NUMBER OF VOTES: 43 FOR: BOARD OF DIRECTORS, CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY. KEVIN ANDERSON VOTES RONALD CARLISLE VOTES DR. LEO FITZGERALD VOTES WES HENDRICKS VOTES GEORGE JAMES VOTES LINDA LISLE VOTES MIKE MASSEY VOTES WAYNE MAYO VOTES WILLIAM H. MORFORD VOTES WAYNE NABORS VOTES JIM OLK VOTES GARY RODENBAUGH VOTES LEE WARREN VOTES ROY WILSHIRE VOTES DOUG ZODOW VOTES OCTOBER 19, 2007 Jimmie C. Honea, Chief Appraiser Section 6.03 (g) of the State Property Tax Code requires the above action be taken by resolution, therefore, please attach a copy of the resolution to this ballot and return to the Chief Appraiser, at 250 W. Eldorado Pkwy., McKinney, Texas 75069, before December 15, 2007. 2008-2009 CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTOR'S NOMINATIONS KEVIN ANDERSON Nominated by the City of Anna. RONALD CARLISLE Is a current board member and has served since 1/94. Nominated by Frisco ISD, City of Frisco and McKinney ISD. DR. LEO FITZGERALD Is a current board member and has served since the beginning of the Appraisal District, 1/80. Nominated by Plano ISD and McKinney ISD. WES HENDRICKS Nominated by the City of McKinney. GEORGE JAMES Nominated by the City of Melissa. LINDA LISLE Nominated by the City of Melissa. MIKE MASSEY Nominated by the City of McKinney. WAYNE MAYO Is a current board member and has served since 1/98. Nominated by the City of Richardson, City of Murphy, City of Parker and McKinney ISD. WILLIAM H. MORFORD Nominated by the City of Melissa. WAYNE NABORS Nominated by the City of Celina. JIM OLK Nominated by the City of Lucas. GARY RODENBAUGH Is a current board member and has served since 1/01. Nominated by the City of Alien, Allen ISD, and McKinney ISD. LEE WARREN Nominated by the City of Farmersville. ROY WILSHIRE Is a current board member and has served since 01/03. Nominated by the City of Plano and McKinney ISD. DOUG ZODOW Nominated by the City of Melissa. 1-2•1 G�Y oA ItA RO9 September 19, 2007 City Council Steve Mitchell Mayor Bob Townsend Mayor Pro Thin Rhea Allison John Murphy The Honorable John Mondy Gary A.Slagel Pris Hayes Mayor Dennis Stewart City of Wylie Bill Keffler 2000 Highway 78 North City Manager Wylie, Texas 75098 Dear Mayor Mondy, As you may be aware, the Central Appraisal District of Collin County (CCAD) has initiated their contact to each taxing entity to establish the CCAD Board of Director elections for 2008-2009. We have enclosed the City of Richardson's nomination resolution to CCAD for Wayne Mayo, which will place his name on the ballot. Wayne currently serves on the CCAD Board and provides valuable guidance and leadership as its Chairman. We've enclosed his resume for your review. Due to the format of the CCAD election by-laws regarding vote allocations, the City of Richardson has 59 votes to cast, and we are aware of the City of Wylie's designation of 43 votes. As before, it will take a coalition of agency's votes to gain Wayne's election, and we solicit your support. We ask that you support the re-election of Wayne Mayo when you receive your CCAD ballot. Thank you for your support. If we can answer any questions concerning this request, feel free to contact me or City Manager Bill Keffler, Sincerely, ceitY Steve Mitchell, Mayor, City of Richardson Enclosures Cc: /Mindy Manson, Wylie City Manager Bill Keffler, Richardson City Manager P.O.Box 830309 Richardson,TX CP 75083-0309 972-744-4100 FRIENDLYONMEN9' Fax 972-744-5803 http://wwwcornet PERSONAL PROFILE L.W. (Wayne) Mayo Native Texan—Born in Dallas; graduated from Woodrow Wilson High School Attended East Texas State University(graduated 1964) B.S. Degree in Biology & Physical Education Teacher for 4 years (math & science) Awarded Lifetime Membership Texas PTA Real Estate for 31 years; Appraiser for 27 years Married 37 years CIVIC &PROFESSIONAL ACTIVITIES: Rotary Charter member—Richardson Central Rotary Club Served as Sergeant-at-arms, President-Elect &President Governor's Representative for District 581 for 4 years Chairman of the Australian Group Study Exchange Chairman of the Texas Tour for the German Mini-Exchange—4 years Member of District 581 Youth Exchange Committee Perfect attendance— 12 years YMCA Board of Directors Served as Director of All Sports Activities Committee Chamber of Commerce Served on the Advisory Board and the Board of Directors Chairman of the annual Christmas Parade for 20 years Served on Tourist& Convention Committee and the Governmental Affairs Committee City of Richardson Served on the Richardson Park Board City Councilman—4 years Served as Vice-President of the Collin County Public Officials Association Texas Wild Turkey Federation (a group dedicated to the preservation & conservation of the wild turkey in Texas) Served as President, Vice-President and Treasurer Board of Directors— Director of Merchandise Served on the Advisory Board to the Texas Parks & Wildlife Commission Profile Page 2 American Wild Turkey Society— State Coordinator Realtor & Appraiser Associations: Member— National Association of Independent Fee Appraisers Foundation Appraisers Coalition of Texas, Inc. Employee Relocation Council National Association of Realtors Texas Association of Realtors Lake Cities Board of Realtors Served as a member of the Professional Standards Committee on Ethics for the Greater Dallas Board of Realtors (GDBR), Vice-Chairman of Professional Standards Committee on Ethics for the Collin County Board of Realtors, Chairman of the Arbitration Committee for the GDBR, and Chairman of the Grievance Committee for the GDBR. Member, Board of Directors Central Appraisal District of Collin County(1997-2007) Member, Collin County Appraisal Review Board (1992-1997) Vice-Chairman, Collin County Appraisal Review Board (1994) Chairman, Collin County appraisal Review Board (1995, 1996 & 1997) Past President, Dallas Chapter, NAIFA Deputy State Director, NAIFA (1990-91) State Director for Texas, NAIFA (1991-93) Regional Governor, Southwest Central Region, NAIFA (1993-96) Vice-President, Foundation Appraisers' Coalition of Texas, Inc. (1992-94) President, Foundation Appraisers' Coalition of Texas, Inc. (1994-96) President, Foundation Appraisers' Coalition of Texas, Inc. (1994-96) National Director,NAIFA (1996-98) 1997 "National Appraiser of the Year" National Treasurer (1998-99) Texas Appraiser Licensing & Certification Board Deputy Director(Region IV) for AARO (Association of Appraisal Regulatory Officials (1999-2000) (Region IV includes Arkansas, Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas) Hobbies Presentation of turkey-hunting seminars across the state Hunting Golf Fishing RESOLUTION NO.07-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHARDSON, TEXAS, NOMINATING WAYNE MAYO AS A CANDIDATE FOR ELECTION TO THE BOARD OF DIRECTORS OF THE COLLIN CENTRAL APPRAISAL DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Chief Appraiser of the Collin Central Appraisal District is charged with the responsibility of conducting the election process to determine the membership of the Board of Directors of the Collin Central Appraisal District; and WHEREAS, the City of Richardson, Texas is entitled to nominate by an official resolution a candidate for election to the Board of Directors of the Collin Central Appraisal District; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHARDSON,TEXAS: SECTION 1. That the City Council of the City of Richardson, Texas does hereby nominate Wayne Mayo as a candidate for election to the Board of Directors of the Collin Central Appraisal District. SECTION 2. That this resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Richardson, Texas, on this the 10th day of September 2007. CITY OF RICHARDSON, TEXAS Titwitt MAYOR A 1TEST: mda 4e4)- ii CITY SECRETARY APPROVED AS TO FORM: dddlerlik) CITY ATTORNEY 59672