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08-30-2005 (City Council) Agenda Packet NOTICE OF SPECIAL CALLED MEETING WYLIE CITY COUNCIL AGENDA August 30, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE CITIZENS 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. Approval of the Minutes from the Special Called Meeting/Work Sessions of August 16, 2005 and the regular City Council Meeting of August 23,2005. (C. Ehrlich, City Secretary) B. Consider and act upon approval of a Joint Election Contract between Collin County and the City of Wylie for election services to be administered by Collin County Elections Administration to be held November 8,2005. C. Consider and act upon Ordinance No. 2005-39 that the City of Wylie finds certain rate case expenses of CoSery Gas Ltd. are reasonable; providing for recovery of rate case expenses; providing for repeal of conflicting ordinances. INDIVIDUAL CONSIDERATION Public Hearing 1. Hold a Public Hearing on the fiscal year 2005-2006 Proposed Budget. All interested persons shall be given an opportunity to be heard, either for or against any item on the proposed budget. At the end of the hearing, the City Council will schedule the time and place that the vote will be taken on the proposed budget. Executive Summary The purpose of the public hearing on August 30, 2005, is to give the taxpayers an opportunity to express their views on the proposed budget. At the end of the hearing, The City Council must schedule and announce the meeting to adopt the proposed budget currently set for September 13, 2005 at 6:00 p.m. at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North,Wylie,Texas 75098 2. Hold the Second Public Hearing on the proposed tax rate for fiscal year 2005-2006 and provide taxpayers an opportunity to express their views on the tax rate. At the end of the hearing, the City Council must set and announce the date, time, and place of the meeting at which it will vote on the final proposed tax rate. Executive Summary In accordance with the "Truth in Taxation"laws of the State of Texas,on August 9, 2005,the City Council took a roll call vote on the proposed tax rate and scheduled a two public hearings on the tax rate. The first public hearing was held on August 23, 2005. The second public hearing is scheduled for August 30, 2005. The notice of the two public hearings were published in the McKinney Courier-Gazette on August 15,2005,and the Wylie News on August 17,2005. The purpose of the second public hearing on August 30, 2005, is to give the taxpayers an additional opportunity to express their views on the tax rate. At the end of the hearing, the City Council must set and announce the date, time, and place of the meeting at which it will vote on the final proposed tax rate. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. ADJOURNMENT In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 26th day of August,2005 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us Carole Ehrlich,City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. MINUTES WYLIE CITY COUNCIL AGENDA Special Called Meeting Tuesday, August 16, 2005 4:30 p.m. Wylie Community Center 100 West Oak Street Wylie,Texas 75098 CALL TO ORDER Mayor Mondy called the meeting to order at 4:33 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Merrill Young, Councilman Earl Newsom, Councilman Rick White and Councilman Carter Porter. Staff present were: City Manager, Mark Roath, Assistant City Manager, Mindy Manson, City Engineer, Chris Holsted; Planning & Zoning Director, Claude Thompson; Library Director, Rachael Orozco; Public Services Director,Mike Sferra; Police Chief,Jeff Butters; Fire Chief, Shan English; WEDC Director, Sam Satterwhite; City Secretary, Carole Ehrlich,Public Information Officer,Mark Witter, and many support staff. PRESENTATIONS&DISCUSSION • Discussion of"Truth in Taxation Laws" regarding the proposed 2005-06 Tax Rate and proposed 2005-06 Budget.(L. Williamson, Finance Director) Mayor Mondy explained that with new state laws regarding "Truth in Taxation", and the complexity surrounding the laws, he had requested a work session for Council to explain the proposed tax rate and the laws governing truth in taxation and rollback margins. Mayor Mondy then asked Finance Director Larry Williamson to give a short overview of the 2005-06 FY Budget and the tax rates that could be adopted to support the budget. Finance Director Williamson addressed Council stating that the Effective Tax Rate is a calculated rate that would provide the City with roughly the same revenue it received the year before, on properties taxed in both years. If property values rise, the Effective Tax Rate will decrease and vice versa. The Effective Tax Rate calculation does not include new construction. The City's Effective Tax rate is calculated by dividing last years adjusted taxes of$9,305,436.by this year's adjusted tax base of$1,403,520,093, giving an Effective Tax Rate of$.6630 per$100 of taxable value. The Rollback Rate is a calculated maximum rate allowed by law without voter approval. The Rollback Rate provides the City with roughly the same revenue it spent the previous year as well as an 8 percent increase in operation revenues, plus funds to pay for debt service in the coming year. The City's Rollback Rate is calculated by dividing last years operating taxes of $7,443,117 by this year's adjusted tax base of $1,403,520,093 to arrive at this year's effective operating rate of .530318 per $100 of taxable value. By multiplying the effective operating rate of .530318 by 1.08% we get this year's maximum operating rate of $.572743 per$100 of property valuation. By adding together this rate and the City's Interest and Sinking Fund Minutes—Auguat 16,2005(4:30 p.m.) Wylie City Council Page 1 that is higher than the rollback tax rate, voters have the right to circulate a petition calling for an election to limit the size of the tax increase. He explained that the tax rate to fund the proposed budget and maintain a minimum 15% ending fund balance is $.6266 per $100 of taxable value. He explained that concern needs to be given when approving a tax rate, in regards to funds available for future years and unexpected expenses that can occur during the fiscal year. The City Administration understands that the City Council has a broad range of tax rates it can select for the coming year. Staff recommendation, as a good compromise, would be an effective tax rate of$.6630 per $100 of taxable value. Mr. Williamson explained that this recommended rate would be an actual tax reduction of 3.2 cents / $100, and setting up a favorable environment for the bond election. Direction from Council was to hold a budget work session in the near future and then determine an effective tax rate. Public Hearings on the proposed tax rate will be held August 23, 2005 and August 30, 2005 with the final adoption of the FY 2005-06 tax rate on the 13`h of September. ADJOURNMENT With no further business before Council, Mayor Mondy adjourned the meeting at 5:28 p.m. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—Auguat 16,2005(4:30 p.m.) Wylie City Council Page 2 MINUTES JOINT WYLIE CITY COUNCIL and CITIZEN BOND ADVISORY COMMITTEE Special Called Meeting Tuesday,August 16, 2005 6:00 p.m. Wylie Community Center 100 West Oak Street Wylie,Texas 75098 CALL TO ORDER — WYLIE CITY COUNCIL & WYLIE CITIZEN BOND ADVISORY COMMITTEE Mayor Mondy called the meeting to order at 6:04 p.m. Council Members present were: Mayor Pro Tem Eric Hogue, Councilwoman Reta Allen, Councilman Merrill Young, Councilman Earl Newsom, Councilman Rick White and Councilman Carter Porter. 2005 Wylie Citizen Advisory Bond Committee members present were: Dan Chestnut, Jamie Gregg, Dennis Larsen,Jerry Smith,Doris Craighead, Chris Seeley,Jim Griffin,and Jim Cummings. Staff present were: City Manager, Mark Roath, Assistant City Manager, Mindy Manson, City Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Finance Director, Larry Williamson; Library Director, Rachael Orozco; Public Services Director, Mike Sferra; Police Chief, Jeff Butters; Fire Chief, Shan English; WEDC Director, Sam Satterwhite; City Secretary, Carole Ehrlich, Public Information Officer, Mark Witter, and many support staff. WORK SESSION Tabled Item from 8-09-05 Motion to remove from table and: Council Action A motion was made by Councilman Young to remove discussion of Citizen Bond Advisory Committee Recommendations for possible projects in a Bond Election from the table. Consensus of Council was to remove and discuss. • Discussion of Citizen Bond Advisory Committee recommendations for possible projects in a Bond Election. (M.Roath, City Manager) Presentation Public Services Director Sferra addressed Council stating that some questions had been posed at the last meeting in regards to the CBAC Bond Recommendations and possible street construction and repairs. At that time the CBAC explained to Council that the only sidewalk construction recommended in the proposal was for sidewalks adjacent to new streets within Proposition #1. Mr. Sferra presented a power point presentation laying out the sidewalks in the City needing repair and the cost to repair these sidewalks. Also in the Minutes—August 16,2005(6:00 p.m.) Wylie City Council Page 1 presentation were pictures of areas needing sidewalks and some of the issues with regard to constructing sidewalks in existing areas with utility easements. Mr. Sferra gave several cost estimates regarding both repair of sidewalks and construction of new sidewalks He explained that to repair all sidewalks including the replacement of landscaping in areas disturbed by the construction, would be around $1,144,375 The construction of new sidewalks in areas of the City currently with no sidewalks would be an additional $1,071,000. Mr. Sferra explained to Council that these were estimates presented to the City in 2004 and could be higher. Bond Recommendation Discussion City Manager Roath and Finance Director Williamson along with Department Heads reviewed the individual proposed propositions and answered questions asked by Council. There was some discussion between the CBAC members and council regarding the proposed library and the additional cost to build the entire shell utilizing the unused portion for other services. Mr. Roath stated that this would save the rising costs of future additions to the building. Some concern was raised regarding the Aquatic Center and whether it should be part of the Recreation Center indoors or a theme park located outside. Council members were also concerned about the usage of such a project and the maintenance costs involved. Council also asked staff if the renovation of the existing Municipal Complex, for Public Safety occupancy,needed to be part of the bond package or wait to see if the new City Hall proposition passed, making it necessary for the renovation. Some discussion regarding the renovations to the Animal Shelter centered on the use of general funds to expedite the construction of that project. David Mednich representing First Southwest was present to address Council stating that he felt the projected future tax revenues were conservative. He stated that there was no way to know exactly what those numbers would be but he was very comfortable with the estimates presented to Council tonight. After much discussion between Council, CBAC members and staff, Council recommended the following revisions to the proposed bond resolution: Proposition#1 authorized bonds in the amount of$31,600,000 for road projects to include;FM 1378(Brown to Parker), Stone (Ballard to Collins), Brown (1378 to Ballard), and Brown (78 to Anson). Council direction was to revise this proposition to include all of the proposed projects and add the construction of street improvements to Brown from FM 1378 to Ballard (previously Anson), Alanis from Twin Lakes Drive to FM 544, Stone Road (FM 544) from Ballard Avenue to Vinson Road, and any remaining funds being used to construct or repair other streets and thoroughfares within the City; including drainage, curb, gutters, sidewalks, landscaping, and traffic signalization and acquisition of land and rights-of way therefore. Proposition#2 shall authorize bonds in the amount of$500,000 for the renovation of the existing City Complex into a Fire, Police and Municipal Court Building. Direction from Council was to revise the Resolution omitting this proposition. Proposition#3 shall authorize bonds in the amount of$1,500,000 for the construction of a new Fire station. Direction from Council was to make no changes to this proposition. Proposition#4 shall authorize bonds in the amount of$6,715,000 for the construction, improvement, and equipment of park and recreational facilities at Founders Park and Community Park. Direction from Council was to revise this proposition to include$250,000. for additional concrete parking for Community Park. Proposition#5 shall authorize bonds in the amount of$10,200,000 for the construction of a new Recreation Center/Park Administration facility, including the acquisition of land. Direction from Council was to make no changes to this proposition. Minutes—August 16,2005(6:00 p.m.) Wylie City Council Page 2 Proposition #6 shall authorize bonds in the amount of$4,680,000 for permanent public improvement of an aquatics facility,including the acquisition of land.Direction from Council was to revise the Resolution omitting this proposition. Proposition#7 shall authorize bonds in the amount of$400,000 for the construction, improvement,and equipment of an animal shelter.Direction from Council was to revise the Resolution omitting this proposition. Proposition #8 shall authorize bonds in the amount of$8,645,000 for the construction of a new City Hall facility. Direction from Council was to make no changes to this proposition. Proposition#9 shall authorize bonds in the amount of$5,110,000 for the construction and equipment of a new Library. Direction from Council was to add$3,030,000 to the proposition in order to complete the shell for the new Library. Council asked that an additional proposition be added to include $500,000 for permanent public improvements and public purposes for the construction and repair of sidewalks within the City. Robert Dransfield representing Fulbright&Jaworski L.L.P. was present to answer questions regarding legal aspects of the proposed Resolution and Bond Election. He explained that he would take the recommendations made by Council and revise the resolution to be presented to Council at the August 23, 2005 Regular City Council Meeting for consideration and possible action. INDIVIDUAL CONSIDERATION 1. Consider and act upon approval of Resolution#2005-25(R)ordering a bond election to be held in the City of Wylie, Texas, making provision for the conduct of the election and resolving other matters incident and related to such election.(M.Roath, City Manager) Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to table Item#1 to the August 23, 2005 Regular Council meeting. A vote was taken and passed 7-0. ADJOURNMENT With no further business before Council,Mayor Mondy adjourned the meeting at 9:34 p.m. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—August 16,2005(6:00 p.m.) Wylie City Council Page 3 MINUTES Wylie City Council Tuesday, August 23, 2005 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Merrill Young, Councilman Earl Newsom, Councilman Rick White and Councilman Carter Porter. Staff present were: City Manager, Mark Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Finance Director, Larry Williamson; Library Director, Rachael Orozco, Public Services Director Mike Sferra; Fire Chief Shan English; Public Information Officer,Mark Witter, and City Secretary, Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE Councilman Newsom gave the invocation and Mayor Pro Tem Hogue led the Pledge of Allegiance. CITIZENS PARTICIPATION Lissette Rodriquez residing at 202 S. Westgate Way, Wylie, Texas addressed Council stating that she was very much in favor of adding the Aquatic Center as an indoor facility to the Bond package for the November 8, 2005 Special Election. She stated that the youth in Wylie needed a facility that teens could use in a constructive way. She encouraged Council to place the proposition on the ballot to let voters decide. Jerry Smith residing at 106 N. Carriagehouse Way, Wylie Texas read a letter from the office of First Lady Laura Bush regarding the proposed new library and suggested sources to apply for federal grants. Shannon Nolan residing at 315 Callie Court, Wylie, Texas addressed Council stating that the improvement to Founders Park and Community Park were very much needed because of the lack of fields for the Wylie Baseball Association to schedule games. 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. Approval of the Minutes from the regular City Council Meeting of August 9, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon a Final Plat for WISD Center Addition, generally located at 951 Ballard Street. (C. Thompson,Planning& Zoning Director) Minutes—August 23,2005 Wylie City Council Page I C. Consider and act upon a Final Plat for Wylie Lakes Phase 1A and 1B,generally located east of Forrest Ross Road and south of Skyview Drive. (C. Thompson, Planning & Zoning Director) D. Consider and act upon authorizing the Mayor to enter into an agreement with SBC through the Department of Information Services (DIR) for Internet Access and Long Distance Service.(M.Roath, City Manager) E. Consider and act upon authorizing the Mayor to sign an Interlocal Agreement with the North Texas Municipal Water District to locate a 400 MHz repeater antenna on an existing 200' foot radio tower. (S.English, Fire Chief) Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to approve the Consent Agenda as presented. A vote was taken and passed 7-0. INDIVIDUAL CONSIDERATION Tabled Item from 8-16-05 Motion to remove from table and: Council Action A motion was made by Mayor Pro Tem Hogue to remove Item#1 from the table. Consensus of Council was to remove and consider. 1. Consider and act upon approval of Resolution #2005-25(R) ordering a bond election to be held in the City of Wylie, Texas, making provision for the conduct of the election and resolving other matters incident and related to such election. (M.Roath, City Manager) Executive Summary City Manager Roath addressed Council stating that on March 22, 2005, the City adopted Ordinance #2005-12, which created a Citizen Bond Advisory Committee(CBAC)that was charged with making"recommendation(s)to the City Council . . . about the total amount of the Bond issuance and the specific projects to be included in the proposition(s)presented to the voters." The CBAC held six meetings on April 28, May 12, May 19, June 2, June 16 and July 6,2005. On July 26,2005,the CBAC recommended a Bond Program to the City Council. In turn,the City Council reviewed the CBAC's recommendations on August 16, 2005, which the Council modified after discussing said revisions with the CBAC. Presented tonight for Council consideration is the revised Resolution including recommendations made by Council at the August 16,2005 work session. Council Discussion Councilman Young stated that he had researched a statement made in regards to the Aquatic Center being added on to the CBAC recommendations at the 11`h hour. He reported that this issue had been brought up for discussion several times through the bond recommendation discussion by the CBAC. Councilman Young stated that many citizens and youth in the city had asked him to propose this proposition be put back on the Resolution presented tonight. Councilman Young also stated that he was in favor of pushing the whole bond issue back to the May 2006 election. Mayor Mondy stated that the recommendation from Council was to omit this item regarding the Aquatic Center. Minutes—August 23,2005 Wylie City Council Page 2 Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilwoman Allen to approve Resolution #2005-25(R) calling for a November 8, 2005 Special Bond Election and reading the individual propositions included in this Resolution. A vote was taken and passed 6-1 with Mayor Mondy, Mayor Pro Tem Hogue, Councilman Newsom, Councilwoman Allen, Councilman White, and Councilman Porter voting for and Councilman Young voting against. Propositions included in Resolution#2005-25(R)and read by Mayor Pro Tem Hogue are as follows: PROPOSITION#1 "SHALL the City Council of the City of Wylie,Texas,be authorized to issue general obligation bonds of the City in the principal amount of$38,000,000 for permanent public improvements and public purposes, to wit: construction of street improvements at FM 1378, from Brown Street to the southern intersection of Parker Road; Stone Road (FM 544), from Ballard Avenue to Vinson Road; Brown, from FM 1378 to Ballard Avenue; Brown,from SH 78 to Stone Road and Alanis from Twin Lakes Drive to FM 544 with any remaining funds being used to construct or repair other streets and thoroughfares within the City; including drainage, curb, gutters, sidewalks, landscaping and traffic signalization and the acquisition of land and rights-of-way therefor; such bonds to mature serially or otherwise over a period not to exceed FORTY(40)years from their date,to be issued and sold in one or more series at any price or prices and to bear interest at any rate of rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION#2 "SHALL the City Council of the City of Wylie,Texas,be authorized to issue general obligation bonds of the City in the principal amount of$500,000 for permanent public improvements and public purposes, to wit: construction and repair of sidewalks within the City; such bonds to mature serially or otherwise over a period not to exceed FORTY (40)years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION#3 "SHALL the City Council of the City of Wylie,Texas,be authorized to issue general obligation bonds of the City in the principal amount of$1,500,000 for permanent public improvements and public purposes,to wit: construction, improvement and equipment of fire fighting facilities; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION#4 "SHALL the City Council of the City of Wylie,Texas,be authorized to issue general obligation bonds of the City in the principal amount of$6,965,000 for permanent public improvements and public purposes,to wit: construction, improvement and equipment of park and recreational facilities for Founders/ Community Park, including the acquisition of land therefor; such bonds to mature serially or otherwise over a period not to exceed FORTY(40)years from their date,to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates(fixed,floating,variable or otherwise) as shall be determined Minutes—August 23,2005 Wylie City Council Page 3 within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION#5 "SHALL the City Council of the City of Wylie,Texas,be authorized to issue general obligation bonds of the City in the principal amount of$10,200,000 for permanent public improvements and public purposes, to wit: construction, improvement and equipment of park and recreational facilities for new Recreation Center/Park Administration facilities, including the acquisition of land therefor; such bonds to mature serially or otherwise over a period not to exceed FORTY(40)years from their date,to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates(fixed,floating,variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION#6 "SHALL the City Council of the City of Wylie,Texas,be authorized to issue general obligation bonds of the City in the principal amount of$8,645,000 for permanent public improvements and public purposes,to wit: construction,improvement and equipment of City Hall facilities; such bonds to mature serially or otherwise over a period not to exceed FORTY(40)years from their date,to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates(fixed,floating,variable or otherwise)as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION#7 "SHALL the City Council of the City of Wylie,Texas,be authorized to issue general obligation bonds of the City in the principal amount of$8,140,000 for permanent public improvements and public purposes, to wit: construction, improvement and equipment of municipal library facilities; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the an PUBLIC HEARING 2. Hold the first of two Public Hearings to discuss acceptance of the proposed Ad Valorem Tax of$0.695 per $100 valuation and Calculation of an Effective Tax Rate for Fiscal Year 2005- 2006. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that in accordance with the"Truth in Taxation"laws of the State of Texas, notices must be published and two public hearings must be held if an entity's proposed tax rate exceeds the effective tax rate. Since the proposed tax rate exceeds the effective tax rate, the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven (7) days prior to the first scheduled public hearing on August 23rd A 21th public hearing is scheduled for August 30"'. The Council may not adopt the tax rate at these hearings. Instead, at the end of the second hearing, it must set and announce the date, time and place of the meeting at which it will vote on the final proposed tax rate.This meeting must take place no less than three (3) days and no more than fourteen (14) days after the second public hearing. The City Council's vote on the tax rate is scheduled for September 13t. Minutes—August 23,2005 Wylie City Council Page 4 PUBLIC HEARING Mayor Mondy opened the public hearing at 6:20 p.m. With no one present to speak, Mayor Mondy closed the public hearing at 6:20 p.m. Mayor Mondv announced there would be a second Public Hearing on August 30, 2005 to discuss acceptance of the proposed Ad Valorem Tax Rate of$0.695 per $100 valuation and allow citizens an opportunity to speak. Final approval of a tax rate will be at the September 13, 2005 Council Meeting. 3. Consider and act upon Ordinance No. 2005-38 amending the fees, policies and procedures of the Bart Peddicord Community Center. (M.Sferra,Public Services Director) Mayor Mondy announced that Item#3 had been withdrawn by staff. No action was taken on this item. Consensus of Council was to withdraw the item. 4. Consider and act upon approval of the Wylie Economic Development Corporation FY 2005— 2006 Budget.(S Satterwhite, WEDC Director) Staff Comments WEDC Director Satterwhite addressed Council giving an overview of the proposed FY 2005 — 2006 WEDC Budget. The WEDC has reviewed the proposed budget and will approve the same on August 22, 2005. He explained that Council will note that there are significant increases over FY 2004—2005 within the following line items: incentives, advertising, and debt service. This is in part a result of the sale of five acres at the Extruder's site. He also explained that there would be special projects in the future that funds could be used for as well. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tem Hogue to approve the Wylie Economic Development Corporation FY 2005-2006 Budget as presented. A vote was taken and passed 7-0. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. There were no ordinances passed to read into the official record. Minutes—August 23,2005 Wylie City Council Page 5 WORK SESSION • Council training for web-mail use for email (S. Doville,IT Technician) Mayor Mondy announced that the training for web-mail had been cancelled due to the absence of IT Technician, Shone Doville. He stated that the work session would be held at a later date. ADJOURNMENT With no further business before Council, a motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to adjourn the meeting at 6:25 p.m. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—August 23,2005 Wylie City Council Page 6 CITY OF WYLIE Item No. B City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: August 30, 2005 Originating Department: City Secretary Prepared By: Carole Ehrlich Account Code No. #: Date Prepared: August 18, 2005 Budgeted Amount: Exhibits: Two AGENDA SUBJECT: Consider and act upon approval of a Joint Election Contract between Collin County and the City of Wylie for election services to be administered by Collin County Elections Administration to be held November 8, 2005. RECOMMENDED ACTION: Approve SUMMARY: By the terms of this contract, Collin County Elections Administrator will administer services and equipment for the November 8, 2005 Special Election. This election will be a shared cost with Collin County at a cost of$5,793.73 with 90% of the cost ($5,214.36) due to Collin County Elections Administration by September 16, 2005. (See attached tabulations) APPROVED BY: Initial Date Department Director: CE \ 8/18/05 City Manager: tom$', \ 6/2‘/bC- 1 November 8, 2005 Special Election Contract for Election Services City of Wylie November 8, 2005 Special Election Table of Contents I .Duties and Services of Contracting Officer II ....Duties and Services of the City III Cost of Services IV General Provisions Exhibits Exhibit A Early Voting Schedule and Locations Exhibit B.... ...Election Day Polling Locations Exhibit C Cost of Services November 8,2005,Special Election—City of Wylie 8/18/2005 Page 2 THE STATE OF TEXAS CONTRACT FOR COUNTY OF COLLIN § CITY OF WYLIE ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF WYLIE, hereinafter referred to as the "CITY," and SHARON ROWE, Elections Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer," pursuant to the authority in Subchapter D, Section 31.091, of Chapter 31, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the City's November 8, 2005, Special Election. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station and judge of the Early Voting Balloting Board. a. The Contracting Officer shall be responsible for notification of each Election Day and Early Voting presiding judge and alternate judge of his or her appointment. The recommendations of the City will be the accepted guidelines for the number of clerks secured to work in each polling place. The presiding election judge of each polling place, however, will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the balloting board. Election judges shall be secured by the Contracting Officer with the approval of the City. b. Election judges shall attend the Contracting Officer's school of instruction (Elections Seminar)to be held Friday,November 4, 2005, at November 8, 2005,Special Election—City of Wylie 8/18/2005 Page 3 the Collin County 380 Courts Building, Central Jury Room, 1800 N. Graves, McKinney, Texas at 10:00 A.M. c. Election judges shall be responsible for picking up from and returning election supplies to the county election warehouse located at 2010 Redbud, Suite 102, McKinney. Compensation for this pickup and delivery of supplies will be $25.00. d. The Contracting Officer shall compensate each election judge and worker. Each judge shall receive $10.00 per hour for services rendered. Each alternate judge and clerk shall receive $8.00 per hour for services rendered. B. The Contracting Officer shall procure, prepare, and distribute voting machines, election kits and election supplies. a. The Contracting Officer shall secure election kits which include the legal documentation required to hold an election and all supplies including locks,pens, magic markers, etc. b. The Contracting Officer shall secure all tables, chairs, and legal documentation required to run the central counting station. c. The Contracting Officer shall provide all lists of registered voters required for use on Election Day and for the early voting period required by law. The Election Day list of registered voters shall be arranged in alphabetical order by polling place, in lieu of alphabetic by each precinct in each polling place. d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. 1. Equipment includes the rental of voting machines, ADA compliance headphones and keypads (1 per site), transfer cases, voting signs and tote boxes. November 8,2005,Special Election—City of Wylie 8/18/2005 Page 4 2. Supplies include smart cards, sample ballots, early voting mail ballots,pens, tape, markers, etc. C. The Contracting Officer, Sharon Rowe, shall be appointed the Chief Deputy Early Voting Clerk by the City. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. b. Early Voting by personal appearance for the City's November 8, 2005, Special Election shall be conducted during the time period and at the locations listed in Exhibit"A", attached and incorporated by reference into this contract. c. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. 1. Application for mail ballots erroneously mailed to the City shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. 2. All Federal Post Card Applicants (FPCA)will be sent a mail ballot. No postage is required. d. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be appointed by the Contracting Officer. The Board shall meet for preparation of the early voting ballots on Saturday, November 5, 2005, at 10:00 A.M. They will recess and continue the preparation process and begin tabulation after the mail is received on Tuesday, November 8, 2005, at 9:00 A.M. They will reconvene to process provisional ballots and late mail ballots from outside the country Monday,November 14, 2005 at 10:00 A.M. November 8,2005,Special Election—City of Wylie 8/18/2005 Page 5 D. The Contracting Officer shall arrange for the use of all Election Day polling places. The City shall assume the responsibility of remitting the cost of all employee services required to provide access,provide security or provide custodial services for the polling locations. The Election Day polling locations are listed in Exhibit "B", attached and incorporated by reference into this contract. E. The Contracting Officer shall be responsible for establishing and operating the Central Counting Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. Counting Station Manager and Central Count Judge shall be Sharon Rowe. The Tabulation Supervisor shall be Patty Seals and paid as a contract expense. a. The tabulation supervisor shall prepare, test and run the county's tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted on Friday,November 4, 2005, at 2:00 P.M.,by the Contracting Officer. c. Election night reports will be available to the City at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with new law. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the City as soon as possible after all returns have been tallied. e. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 60 days. 1. Pending no litigation and as prescribed by law, the voted and unused ballots shall be shredded 60 days after the election. November 8,2005,Special Election—City of Wylie 8/18/2005 Page 6 2. The City can obtain the list of registered voters from the Elections Administration Office after this 60-day retention period. Pending no litigation and if the City does not request the lists, the Contracting Officer shall destroy them 90 days after the election. f. The Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the City in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned code. II. DUTIES AND SERVICES OF THE CITY. The City shall assume the following responsibilities: A. The City shall prepare the election orders,resolutions, notices,justice department submissions, official canvass and other pertinent documents for adoption by the appropriate office or body. The City assumes the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. B. The City shall provide the Contracting Officer with an updated map and street index of their jurisdiction in an electronic or printed format. C. The City shall procure and provide the Contracting Officer with the ballot layout and Spanish interpretation in an electronic format. a. The City shall deliver to the Contracting Officer as soon as possible, but no later than Friday, September 2, 2005, the official wording for the City's November 8, 2005, Special Election. b. The City shall approve the "blue line" ballot format prior to the final printing. D. The City shall post the publication of election notice by the proper methods with the proper media. November 8,2005,Special Election—City of Wylie 8/18/2005 Page 7 E. The City shall prepare and submit to the U. S. Department of Justice under the Federal Voting Rights Act of 1965, any required submissions on voting changes. F. The City shall compensate the Contracting Officer for any additional verified cost incurred in the process of running this election or for a manual count this election may require, consistent with charges and hourly rates shown on Exhibit"C" for required services. G. The City shall pay the Contracting Officer 90% of the estimated cost to run the said election prior to Friday, September 16, 2005. The Contracting Officer shall place the funds in a "contract fund" as prescribed by Section 31.100 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury 200 McDonald, Suite 310 McKinney, Texas 75069 ATTN: Alice Dobecka H. The City shall pay the cost of conducting said election, less partial payment, including the 10% administrative fee,pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. III. COST OF SERVICES. See Exhibit "C." IV. GENERAL PROVISIONS. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the City's November 8, 2005, Special Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the City. C. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas. November 8,2005,Special Election—City of Wylie 8/18/2005 Page 8 WITNESS BY MY HAND THIS THE DAY OF , 2005. Sharon Rowe Elections Administrator Collin County, Texas WITNESS BY MY HAND THIS THE 23rd DAY OF August , 2005. Attested: Carole Ehrlich John Mondy, Mayor City Secretary City of Wylie, Texas City of Wylie, Texas November 8, 2005,Special Election—City of Wylie 8/18/2005 Page 9 Exhibit"A" November 8, 2005, SPECIAL ELECTION City of Wylie Early Voting Locations and Hours POLLING PLACE ADDRESS CITY Collin County Election Department 2010 Redbud Blvd. #102 McKinney (Main Early Voting Location) Wylie Municipal Complex 2000 N. Hwy. 78 Wylie Sunday Monday Tuesday Wednesday Thursday Friday Saturday October 23 October 24 October 25 October 26 October 27 October 28 October 29 8am-5pm 8am-5pm 8am-5pm 8am-5pm 8am-5pm 8am-5pm October 30 October 31 November 1 November 2 November 3 November 4 November 5 8am-5pm 8am-5pm 8am-5pm 7am-7pm 7am-7pm November 6 November 7 November 8 November 9 November 10 November 11 November 12 Election Day lam—7pm NOTE: To provide additional convenience to the City of Wylie voters, all Early Voting locations adopted for use in the November 8, 2005, Special Election, will be available for use. November 8,2005,Special Election—City of Wylie 8/18/2005 Page 10 Exhibit"B" November 8, 2005, SPECIAL ELECTION City of Wylie and Wylie ISD Election Day Polling Locations Poling Place Collin County Voting Address City ; . Precincts Wylie High School 25, 27, 33, 41, 56, 83, 133, 2550 W. Hwy. 544 Wylie 144, 153, 159 1A (Rockwall County), 2601 (Dallas County) November 8,2005,Special Election—City of Wylie 8/18/2005 Page 11 ESTIMATED COSTS FOR THE CITY OF WYLIE November 8,2005 Exhibit"C"-ELE XXX SUPPLY COST Number of Early Voting Locations 1 Number of Election Day Location: 1 Units Cost WCTY Units Cost WCTY/County Sample Ballots $1.10 each 50 $55.00 300 $330.00 Early Voting Mail Ballots $1.20 each 5 $6.00 50 $60.00 Early voting and election day kits $25.00 each 0 $0.00 2 $50.00 Central Counting kit and supplies $50.00 each 0 $0.00 1 $50.00 County Precinct Maps $12.00 each 0 $0.00 2 $24.00 Printer Labels for EV $15.95 each 0 $0.00 6 $95.70 Total $61.00 $609.70 Number of Entities Sharing Costs 1 2 SubTotal $61.00 $304.85 Grand Total $365.85 EQUIPMENT RENTAL COST Number of Early Voting Locations 1 Number of Election Day Location: 1 Units Cost WCTY Units Cost WISD/WCTY Voting Machines $200.00 each 0 $0.00 9 $1,800.00 Machine Drayage $28.00 each 0 $0.00 9 $252.00 L&A Testing $20.00 each 0 $0.00 9 $180.00 Transfer Cases $5.00 each 0 $0.00 1 $5.00 Metal Signs $1.00 each 0 $0.00 2 $2.00 Wood Signs $2.00 each 0 $0.00 2 $4.00 Large Early Voting Signs $5.00 each 0 $0.00 1 $5.00 Early Voting Cabinet $50.00 each 0 $0.00 1 $50.00 Tote Box $1.00 each 0 $0.00 1 $1.00 Early Voting Computer $300.00 each 0 $0.00 1 $300.00 Total $0.00 $2,599.00 Number of Entities Sharing Costs 1 2 SubTotal $0.00 $1,299.50 Grand Total $1,299.50 EARLY VOTING Number of Early Voting Locations 1 Workers each location 4 Units Cost WCTY Units Cost WCTY/County EV Ballot Board Fluctuates 1 $50.00 0 $0.00 Mailed Ballot Kits $1.00 each 5 $5.00 50 $50.00 Postage for Ballots $0.58 each 2 $1.16 20 $11.60 Assemble EV Location $50.00 each 0 $0.00 1 $50.00 Total Judge Hours $10.00 each 0 $0.00 127 $1,270.00 Total Alt.Judge&Clerk Hours $8.00 each 0 $0.00 375 $3,000.00 Pickup&Delivery of Supplies $25.00 each 0 $0.00 1 $25.00 Total $56.16 $4,406.60 Number of Entities Sharing Costs 1 2 SubTotal $56.16 $2,203.30 Grand Total $2,259.46 ELECTION DAY Number of Election Day Locations 1 Workers each location 4 Units Cost WCTY Units Cost WCTY/County Total Judge Hours $10.00 each 0 $0.00 14 $140.00 Total Alt.Judge&Clerk Hours $8.00 each 0 $0.00 42 $336.00 Election Day Technical Support $100.00 per site 0 $0.00 1 $100.00 Pickup&Delivery of Supplies $25.00 each 0 $0.00 1 $25.00 Total $0.00 $601.00 Number of Entities Sharing Costs 1 2 SubTotal $0.00 $300.50 Grand Total $300.50 ADMINISTRATIVE EXPENSES Number of Early Voting Locations 1 Number of Election Day Locations 1 Units Cost WCTY Units Cost WCTY/County Manual Recount Deposit $60.00 each 1 $60.00 0 $0.00 Process Pollworker Checks $1.50 each 0 $0.00 8 $12.00 Process Election Judge Notices $1.50 each 0 $0.00 4 $6.00 Total $60.00 $18.00 Number of Entities Sharing Costs 1 2 SubTotal $60.00 $9.00 Grand Total $69.00 TABULATION Tabulation Network $4,000.00 Programming $2,050.00 Notice of Tabulation Test $100.00 Total $6,150.00 CENTRALIZED COSTS Cost for Central Count Workers $1,500.00 FICA on Election Workers $2,500.00 Assemble EV Location $50.00 Early Voting Machines in McKinney(6) $1,200.00 L&A Testing of Equipment(6) $120.00 Early Voting Computer in McKinney $300.00 Early Voting Personnel in McKinney $3,000.00 Printer Labels for Early Voting $200.00 County Overtime and Temporaries $10,000.00 FICA& Retirement for County Employees $2,000.00 Total $20,870.00 Total for Tabulation &Centralized Costs $27,020.00 Proportionate Sharing based on Registered Voters: Total Collin County - 356,230 96.4% of Total = $26,047.28 City of Wylie - 13,119 3.6% of Total = $972.72 SUMMARY OF COSTS FOR CITY OF WYLIE SUPPLY COST $365.85 EQUIPMENT RENTAL COST $1,299.50 EARLY VOTING $2,259.46 ELECTION DAY $300.50 ADMINISTRATIVE EXPENSES $69.00 TABULATION/CENTRALIZED COSTS $972.72 Total $5,267.03 10% Administrative Fee $526.70 Grand Total $5,793.73 90% Due By September 16, 2005 $5,214.36 CITY OF WYLIE Item No. C City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: August 30, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: August 24, 2005 Budgeted Amount: Exhibits: One AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-39 that the City of Wylie finds certain rate case expenses of CoSery Gas Ltd. are reasonable; providing for recovery of rate case expenses; providing for repeal of conflicting ordinances. RECOMMENDED ACTION: Pass Ordinance 2005-39 approving $260,041 in rate case expenses for CoSery Gas Ltd. as reasonable and necessary costs for the recent rate proceeding and allowing recovery of approved expenses of CoSery and Cities through a customer surcharge. SUMMARY: Council previously acted to approve the settlement of CoServ's rate increase request and to approve expenses incurred by the Coalition of Cities. The settlement reduced the Company's proposed annual revenue increase from $1,165,525 to $500,000. CoSery requested $443,000 in rate case expenses. However, the cities considered that amount to be excessive and negotiated with the Company for a reduction to $260,041. CoSery originally proposed recovery of approved rate case expenses only from in-city customers with the calculation of the customer surcharge to be based on lower system gas volumes delivered in previous years. Negotiations with the Company resulted in a system-wide allocation of expenses with the surcharge to be calculated on estimated gas volumes for 2005. Using a broader customer base and higher volumes resulted in a significantly lower per-customer charge. Customer surcharge will last approximately twelve months and is expected to be about $0.10 Mcf. The Company will only be allowed to recover the actual amount of expenses approved for the Company and those reimbursed to the Cities. The estimated impact on average monthly residential customer bills will be $0.62. Of that amount, approximately $0.09 is attributable to city expenses and the remainder is due to expenses approved for the Company. APPROVED BY: Initial Date Department Director: \ City Manager: MBR \ 8-25-05 1 ORDINANCE NO. 2005-39 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS FINDING, AFTER REASONABLE NOTICE, THAT CERTAIN RATE CASE EXPENSES OF COSERV GAS LTD. ARE REASONABLE; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES. WHEREAS, on or about August 25, 2004, CoSery Gas Ltd. ("CoServ" or"Company"), filed with the City of Wylie a Statement of Intent to change gas rates in all municipalities within the CoSery System effective October 1, 2004; and WHEREAS, the City has exclusive original jurisdiction to evaluate the Company's Statement of Intent as it pertains to the distribution facilities located within the City, pursuant to Texas Utilities Code §§ 102.001(b) and 103.001; and WHEREAS, the Company and the Coalition of Cities Served by CoSery ("Cities") reached an agreement as to CoServ's filed request to increase rates; and WHEREAS, the agreement between the Company and the Cities was finally approved by the City of Wylie by Ordinance dated January 25, 2005; and WHEREAS, the issue of rate case expenses incurred by the Company was severed from the Ordinance approving the agreement; and WHEREAS, the City has retained jurisdiction over the rate case expense reimbursement issue as a result of extensions of the jurisdictional deadline by CoServ, pursuant to said agreement; and WHEREAS, the City has previously determined that the Cities' rate case expenses are reasonable and should be reimbursed by CoServ; and WHEREAS, the Cities' rate case expenses do not include the expenses incurred by the City of Denton and Denton has agreed that its rate case expenses shall be billed to the Company separately by that city and shall not be surcharged to any customers outside the City of Denton; and WHEREAS, the amount of rate case expenses incurred by the Company that were reasonable and necessary are $260,041.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1. That the Cities' rate case expenses have previously been found to be reasonable and shall be reimbursed promptly by the Company. SECTION 2. That it is in the best interest of the City and its residents to approve rate case expenses incurred by CoSery Gas Ltd., in the total amount of $260,041.00 and only those Company expenses are hereby found to be reasonable and necessary. Ordinance No.2005-39 CoSery Gas Rate Increase Expenses 1 SECTION 3. That the Company is authorized to recover the rate case expenses reimbursed to the Cities, exclusive of those incurred by the City of Denton, and the Company's rate case expenses approved herein through a consumption-based 12-month surcharge calculated on a system-wide basis. The surcharge shall be based upon anticipated system-wide volumetric consumption for the calendar year 2005, estimated by the Company to be 28,949,610 Ccf. SECTION 4. That after submission of the Cities' expenses, the Company shall calculate the surcharge and submit the calculation to the City. Six months after the first date on which any rate case expense surcharge is due from customers, the Company shall submit a statement to the City showing the amount recovered by the Company through the surcharge and the amount remaining to be recovered. The Company shall also submit a final reconciliation to the City, not more than thirty (30) days after one year from the first date on which any rate case expense surcharge is collected by the Company, to prove that the Company has not over-recovered rate case expenses. Any over-recovery shall be promptly refunded by the Company. The Company may submit the initial calculations and progress reports to the Cities' rate steering committee chairman and legal counsel to comply with this provision, unless the City makes a written request that the calculations and reports be submitted to the City. SECTION 5. That all relief requested by CoSery not specifically addressed herein is denied. SECTION 6. That it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECTION 7. That a copy of this ordinance, constituting final action on rate case expense issues resulting from the CoSery Statement of Intent filed with the City to change gas rates in all municipalities within the CoSery System, be forwarded to the appropriate designated representative of the Company, Charles D. Harrell, Chief Financial Officer, CoSery Gas Ltd., 7701 South Stemmons, Corinth, Texas 76210-1842, within ten(10) days. SECTION 8. Nothing contained in this Ordinance shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under law to regulate the rates and charges of CoSery Gas Ltd. SECTION 9. All ordinances, resolutions, or parts thereof, in conflict with this Ordinance are repealed to the extent of such conflict. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 30th day of August, 2005. APPROVED: Mayor ATTEST: APPROVED AS TO FORM: City Secretary City Attorney Date of Publication in The Wylie News—September 7, 2005 Ordinance No.2005-39 CoSery Gas Rate Increase Expenses 2 Item No. 1 CITY OF WYLIE City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: August 30, 2005 Originating Department: Finance Prepared By: Larry Williamson Account Code No. #: Date Prepared: August 24, 2005 Budgeted Amount: Exhibits: One AGENDA SUBJECT: Hold a Public Hearing on the fiscal year 2005-2006 Proposed Budget. All interested persons shall be given an opportunity to be heard, either for or against any item on the proposed budget. At the end of the hearing, the City Council will schedule the time and place that the vote will be taken on the proposed budget. RECOMMENDED ACTION: The City Council must schedule and announce the meeting to adopt the proposed budget currently set for September 13, 2005 at 6:00 p.m. at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas 75098 SUMMARY: The City is required by law to follow certain meeting and notice (publication) guidelines. APPROVED BY: Initial Date Department Director: LW \ 8/24/05 City Manager: eopi. g/za/ate NOTICE OF PUBLIC HEARING AND BUDGET SUMMARY FOR FY2006 CITY OF WYLIE NOTICE IS HEREBY GIVEN, pursuant to Article VII Section 3 of the City of Wylie City Charter,that the Wylie City Council will conduct a public hearing on the proposed City Budget for Fiscal Year 2006 on the 30th day of August 2005,at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex,2000 SH78 North, Wylie,Tx.Copies of the proposed budget are available for inspection by the public at the Reta and Truett Smith Library,the City Secretary's Office and the City Manager's Office during regular business hours. The following is a General Summary of the budget which has been proposed. SUMMARY OF REVENUES,EXPENDITURES,AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2005-2006 BUDGET DEBT SERVICE FUNDS PROPRIETARY FUNDS SPECIAL CAPITAL REVENUE G 0 DEBT 4B DEBT PROJECTS UTILITY FLEET TOTAL ALL GENERAL FUND FUNDS SERVICE SERVICE FUNDS UTILITY FUND CONSTR. REPLACE. FUNDS BEGINNING BALANCES $ 3,251,080 $ 3,310,670 $ 571,130 $ 321,620 $ 4,478,280 $ 2,048,880 $ 205,370 $ 1,307,570 $ 15,494,600 REVENUES: Ad Valorem Taxes 8,951,520 - 2,119,460 - - - - - 11,070,980 Non-Property Taxes 1,849,140 1,838,640 - - - - - - 3,687,780 Franchise Fees 1,479,850 - - - - - - - 1,479,850 Licenses&Permits 1,114,000 - - - - - - - 1,114,000 Intergovernmental 305,250 109,100 - - - - - 414,350 Service Fees 1,580,700 697,000 - - - 7,977,400 406,770 10,661,870 Court Fees 371,000 - - - - - - - 371,000 Interest&Misc.Income 158,000 29,500 15,000 3,000 50,000 100,000 2,000 30,000 387,500 TOTAL REVENUES 15,809,460 2,674,240 2,134,460 3,000 50,000 8,077,400 2,000 436,770 29,187,330 Transfers from Other Funds 442,920 260,000 - 606,280 - - - - 1,309,200 TOTAL AVAILABLE RESOURCES 19,503,460 6,244,910 2,705,590 930,900 4,528,280 10,126,280 207,370 1,744,340 45,991,130 EXPENDITURES: General Government 4,618,690 - - - - - - 51,000 4,669,690 Public Safety 7,069,220 1,070,080 - - - - - 172,000 8,311,300 Development Services 1,037,720 - - - - - - - 1,037,720 Streets 1,501,740 - - - - - - - 1,501,740 Community Services 1,989,750 708,810 - - - - - - 2,698,560 Utilities - - - - - 6,734,080 - 13,000 6,747,080 Debt Service - - 2,198,650 606,280 - 2,254,080 - - 5,059,010 Capital Projects - - - - 3,000,000 - - - 3,000,000 Economic Development - 1,433,630 - - - - - 1,433,630 TOTAL EXPENDITURES 16,217,120 3,212,520 2,198,650 606,280 3,000,000 8,988,160 - 236,000 34,458,730 Transfers to Other Funds 260,000 629,200 - - - 420,000 - - 1,309,200 ENDING FUND BALANCE $ 3,026,340 $ 2,403,190 $ 506,940 $ 324,620 $ 1,528,280 $ 718,120 $ 207,370 $ 1,508,340 $ 10,223,200 TOTAL REVENUES $ 30,496,530 NET DECREASE(INCREASE)IN FUND BALANCE 5,271,400 TOTAL APPROPRIABLE FUNDS $ 35,767,930 CITY OF WYLIE Item N 2 CiCitySecretata ry's Use Only COUNCIL AGENDA ITEM Council Meeting Of: August 30, 2005 Originating Department: Finance Prepared By: Larry Williamson Account Code No. #: Date Prepared: August 24, 2005 Budgeted Amount: Exhibits: Two AGENDA SUBJECT: Hold the Second Public Hearing on the proposed tax rate for fiscal year 2005-2006 and provide taxpayers an opportunity to express their views on the tax rate. At the end of the hearing, the City Council must set and announce the date, time, and place of the meeting at which it will vote on the final proposed tax rate. RECOMMENDED ACTION: The City Council must schedule and announce the meeting to adopt the tax rate currently set for September 13, 2005 at 6:00 p.m. at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas 75098 SUMMARY: In accordance with the "Truth in Taxation" laws of the State of Texas, on August 9, 2005, the City Council took a roll call vote on the proposed tax rate and scheduled a two public hearings on the tax rate. The first public hearing was held on August 23, 2005. The second public hearing is scheduled for August 30, 2005. The notice of the two public hearings were published in the McKinney Courier-Gazette on August 15, 2005, and the Wylie News on August 17, 2005. The purpose of the second public hearing on August 30, 2005, is to give the taxpayers an additional opportunity to express their views on the tax rate. At the end of the hearing, the City Council must set and announce the date, time, and place of the meeting at which it will vote on the final proposed tax rate. The official detailed effective tax rate calculations are available in the office of the Collin County Tax Assessor/Collector (Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance Department for the Council and public to view. The proposed budget is based on the proposed tax rate of$0.695 per $100 valuation. This is the rate previously discussed by the Council. Any change in the proposed tax rate will require revision of the proposed budget. The City is required by law to follow certain meeting and notice(publication) guidelines. APPROVED BY: Initial Date Department Director: LW \ 8/18/05 City Manager: P4 \ g/z4/o' Notice of Public Hearing on Tax Increase Last year, the Wylie City property tax rate was $0.695000. That rate raised $9,349,704, a portion of which was used to fund operations such as: Maintenance and Operations Fund and Interest and Sinking Funds This year, Wylie City is proposing a property tax rate of$0.695000. That rate would raise $10,888,265, which is $1,538,561 more than taxes imposed last year. There will be two public hearings to consider that increase. The first public hearing will be held on August 23, 2005 at 6:00 PM at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas 75098. The second hearing will be held on August 30, 2005 at 6:00 PM at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas 75098. You have a right to attend the hearings and make comments. You are encouraged to attend and make comments if you wish. 2005 Property Tax Rates in Wylie City This notice concerns 2005 property fax rates for Wylie City. It presents Information about three tax rates. Last year's tax rate is the actual rate the taxing unit used to determine property taxes last year.This year's effective tax rate would Impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base(the total value of taxable property)with ad)usenents as -required by state law.The rates are given per S100 of property value. ilk yeri`it tisk'hits: ''' '', . . Qi ... Last psArsbfkretlrg taxes" "-' -"," $7,478,526$1,671,178 Last year's debt taxes $1,871,178 Last year's total taxes g1,3$9,349,704 Last year's tax base 51,345,200/,151 Last years total tax rate 0 This year's effective tax rate: Last year's adjusted taxes(after subtracting taxes on lost property) S9,305,436 +Thia year's adjusted tax base(after subtracting value of new property) S1,403,520,093 06 :This years effective tax rate 100 (Maximum rate unless unit publishes notices and holds hearings.) This year's rollback tax rate: $7,443,t 17 Last year's adjusted operating taxes (ater;subtracting taxes on lost property and adjusting for any transferred function,tax increment financing.and/or enhanced indigent health care expenditures) +This year's adjusted tax base $1,403,520,093 =This years effective operating rate 0.530318/5100 x 1.00=this years maximum operating rate 0.572743/5100 +This years debt rate 0.133053/$100 =This years total rollback rate 0.705796/5100 Statement of Moreaste/Decrease If Wylie City adopts d 2005 tax rate equal to the effective tax rate of 50.663006 per$100 of value,taxes would increase compared to 2004 taxes by$1,037.325. Schedule A-Unencumbered Fund Balances The lollowing estimated balances will be left in the unit's property tax accounts at the end of the fiscal year.These bal- ances are not encumbered by a corresponding debt obligation. Type of Properly Te Eund @aim== M&O $3,012,310 18 S $568,170 Schedule B-2006 Debt Service Principal or Wares)io be Contract Payment Rid from Description le be Paid from Properly Amaums Total of Debt Property Taxes Taus _toed._ Payment (ten.Ohag.Series $66,667 $57,41 i $500 SI24.581 . 1997 Gen.0611g.Scrim $125900 $133.919 $500 $259,419 1999 Gen.Wig.Series $75.000 $89.423 5500 $16.923 woo Urn.(lbllg.Series $11931C0 $180,763 $500 $311.263 2001 Tax Naas Series $110,0)) $1,925 $5(0 $112,425 2001 Gen.Oblig.Seties $85,000 $92.329 $500 $177,829 2002 Tax Nan Inks $50.000 $1.993 $500 $52,193 2002 Public Rq•.Fin. $65,000 $1,658 $.500 $67.158 Contr.0blig 1999 Oee.0bag.Refund $365,000 $418.906 $5000 $784,406 A lrrkeovernenl Cont.Tax A $215,000 $251 311 $500 $166,811 Revenue.C.D.77r15 Total Required for 20)5 Debt Service $2,551.308 .Annual tx any)paid Iran atoll listed in Scheduk A $0 .Ararat(a any)pakt from other reso rcer $466,811 -Excess collections last year SO s Total to be paid Sow taxes In 2005 $2,084,497 s Anxsad added in anticipation that Ira wait will 30 called Daly 100.00%of in taxer in 2005 -,Total Debt t.ety S2,084,497 TM notice contains a eurtatsy of actual effective and rollback tax rates'calculations.You can 1orlw-t a copy of the full eakutatious al 1800N.Groom,Suite 170.McKinney.Texas.75069. Nnnte of pries preparing this office:Kenneth Main Title:Collin Country Tax Assessor Collator Date Prepatad:August 5,2005 r