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07-13-2010 (City Council) Agenda Packet Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda July 13, 2010 —6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 2000 Highway 78 North Eric Hogue Mayor M.G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones 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 • Recognition of Jack Jones celebrating his 20th year of service to the City of Wylie. • Presentation to Outgoing 2009-2010 Boards, Commissions, & Panel Members. (E. Hogue, Mayor) July 13,2010 Wylie City Council Regular Meeting Agenda Page 2 of 3 ADMINISTRATION OF OATH OF OFFICE FOR NEWLY APPOINTED AND REAPPOINTED BOARD AND COMMISSION MEMBERS • Administered by Judge Terry Douglas. 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 of the June 22, 2010 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2010-24(R) authorizing the City Manager to execute an Interlocal cooperation Agreement with Collin County, Texas for Road Improvements in accordance with Court Order No. 97-576-08-25 (M. Sferra, Public Services) C. Consider, and act upon,approval of a Final Plat for Pecan Creek Addition, Block A,Lots 1-4, creating four legal lots of record on 5.188 acres and withdrawing the previously approved Final Plat dated April 13,2010. The property is generally located west of Whitley and north of Elm Grove Road within Dallas County. (R. 011ie, Planning Director) D. Consider, and act upon, approving a request from Wylie is H.O.P.E. for a Country Fair Fundraiser at Olde City Park on Saturday, October 23, 2010 from 9:00 am — 5:00 pm. (M. Sferra, Public Services) E. Consider and act upon approval of a Resolution No. 2010-25(R) authorizing the City Manager to execute an Interlocal Agreement between Collin County and the City of Wylie concerning the construction of the Hooper Road Bridge. (Chris Hoisted, City Engineer) REGULAR AGENDA 1. Consider, and act upon, Ordinance No. 2010-09 adding Article VI, "Prohibition of Illicit Connections and Discharges into the Municipal Separate Storm Sewer System" to Chapter 42 "Environment" of the City of Wylie Code of Ordinances to provide for the regulation of Illicit Discharges to the Municipal Separate Storm Sewer System within the City of Wylie; providing for a penalty; providing for repealing, savings and severability clauses; and providing for an effective date of this Ordinance. (M. Sferra, Public Services) July 13,2010 Wylie City Council Regular Meeting Agenda Page 3 of 3 Executive Summary The legislation requires that a plan must be developed and implemented to detect and eliminate illicit discharges to the storm sewer system. This includes developing a storm sewer system map, implementing an ordinance prohibiting non-storm water discharges, and conducting periodic inspections of the system to identify and eliminate illegal dumping, sanitary system cross connections, dry weather discharges, and other illicit discharges. The City must also educate the community about hazards associated with illegal discharges and improper disposal of waste. 2. Consider, and act upon, authorizing the City Manager to execute agreements with Municipal Recovery Services to perform collection activities for the Municipal Court and Utility Services. (L. Bantz, Finance Director) Executive Summary Staff has consulted with and verified references on various firms regarding collection of outstanding warrants, citations, Capias and Pro Fines for Municipal Court and outstanding Utility Accounts and Telecommunications Receivables. Collections for Municipal Court are funded by an addition of a collection fee of 30%to any amount owed as provided by law. The City will be charged a 10% fee for collection of Utility Accounts and Telecommunications Receivables after payment of the account is received by the City. This represents the lowest cost to the City of all firms consulted. 3. Consider, and act upon, authorizing the City Manager to execute the engagement letter with Weaver and Tidwell, L.L.P. for Fiscal Year 2009-2010 audit services for a fee not to exceed $55,000. (L. Bantz, Finance Director) Executive Summary As required by City Charter,the City Council shall cause an independent audit to be performed by a certified public accountant on all City accounts at the close of each fiscal year. Weaver and Tidwell, L.L.P has performed the annual audit for the City for the past two years and has submitted their engagement letter for audit services for Fiscal Year 2009-2010. The proposed fee of$55,000 represents an increase from$53,000 in Fiscal Year 2008-2009. WORK SESSION • Discussion regarding the City of Wylie FY 2010/2011 Annual Budget. (M. Manson, City Manager) ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 9th day of July, 2010 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 13, 2010 Item Number: Presentation Department: Human Resources (City Secretary's Use Only) Prepared By: Lynn Fagerstrom Account Code: Date Prepared: June 24, 2010 Budgeted Amount: Exhibits: Subject Recognition of Jack Jones celebrating his 20th year of service to the City of Wylie. Recommendation Discussion Jack Jones is celebrating his 20 years of service milestone with the City of Wylie. His actual anniversary date is July 2, 2010. Jack's career started with the City of Wylie on July 2, 1990 as a Street Foreman. He quickly climbed the ladder to Public Works Superintendent in March, 1991. We can always count on Jack to get any job done while efficiently using City resources. Jack developed his five and 10 year department plans before their time and always has an eye on Wylie's successful future. He is very careful to see that no waste occurs and that jobs are completed in a professional manner. As the Public Works Superintendent, he has been a genuine pillar in maintaining the important infrastructure in the City that all residents depend on every day of their lives. Jack has recently encountered obstacles outside of his span of control and, throughout this burden; he still managed to show his dedication and spirit. His cheerful attitude while dealing with this difficult issue has earned a great deal of respect and admiration. Congratulations, Jack, on achieving 20 years of service with the City of Wylie. Approved By Initial Date Department Director LF 6/24/10 City Manager -117/(0 Page 1 of 1 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, June 22, 2010 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:02 p.m. with the following Wylie City Council members present: Mayor Pro Tern Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Carter Porter, Councilman Bennie Jones and Councilman Rick White. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Linda Bantz; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Building Official, Mike McAnnally; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Assistant City Manager Butters gave the invocation and EMS Officer Robert Ballard led the Pledge of Allegiance. 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. Don Hallum, residing at 301 Rush Cove, Wylie, Texas, addressed council requesting consideration of using the current Rita and Truett Smith Library for a senior center once the library staff moves to the new Municipal Complex. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the June 8, 2010 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) Minutes June 22, 2010 Wylie City Council Page 1 B. Consider, and act upon, approval of a Final Plat for Wally W. Watkins Elementary School, Block A, Lot 1 on 13.244 gross acres, generally located west of FM 544 and north of Elm Drive extension. (R. 011ie, Planning) C. Consider and place on file the City of Wylie Monthly Revenue and Expenditure Reports as of May 31,2010 (L. Bantz, Finance) D. Consider and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporations of May 31, 2010 (S. Satterwhite, Wylie Economic Development Commission) Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA 1. Consider, and act upon, all matters incident and related to approving and authorizing publication of Notice of Intention to issue $540,000 Combination Tax and Revenue Certificates of Obligation, Series 2010 including the adoption of the Resolution 2010-20 (R) pertaining thereto. (L. Bantz, Finance) Staff/Council Discussion Finance Director Bantz addressed council stating that the current City Hall will be used for Police, Fire Administration, and Municipal Court after the new Municipal Complex opens and other departments relocate to it. The $540,000 Certificates of Obligation are being sold to fund repairs and space planning for the current City Hall to accommodate the building's new use. She explained that during the budget work session, discussion regarding restructuring the city debt was recommended; if council approves these proposed Certificates of Obligation it will become part of that restricted bond note. Councilman Goss asked if there was a budget break down for the funding in regard to what it would be used for. City Manager Manson replied that the estimate for a new roof for the building was over $300,000, a year and a half ago. She explained that a large portion of the CO funding would be used to replace the roof. Other interior construction items needed to accommodate the new department usages would be "phased in" as funding was available. Mayor Pro Tern asked if the proposed Certificates of Obligation would require any type of tax increase. Finance Director Bantz replied that at this time no tax increase was planned. Mayor Hogue reported that there were several reasons for the improvements to the Municipal Complex for Public Safety staff. He explained that there were ten jail cells that were housed in the police area. To rebuild those cells in another facility would cost in excess of ten million dollars. He also explained that municipal court and Precinct 2 were currently housed in the building and construction improvements to the existing facility would be the most cost effective. Council Action A motion was made by Councilman Porter, seconded by Councilman Jones to approve all matters incident and related to approving and authorizing publication of Notice of Intention to issue $540,000 Combination Tax and Revenue Certificates of Obligation, Series 2010 including the adoption of Resolution No. 2010-20(R) pertaining thereto. A vote was taken and the motion passed 7-0. Minutes June 22, 2010 Wylie City Council Page 2 2. Consider, and act upon, the recommendations of the 2010 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation and Zoning Board of Adjustments for terms expiring June 30, 2010. (C. Ehrlich, City Secretary) Staff/Council Discussion City Secretary Ehrlich addressed council stating that Article 8, Section 1A of the City Charter authorizes the City Council to appoint members to serve on boards, commissions and committees to help carry out the functions and to make recommendations to the City Council. Ehrlich reported that over 50 applicants were interviewed by the three member panel consisting of Mayor Pro Tem Byboth, Councilwoman Kathy Spillyards, and Councilman Bennie Jones. Alternate Carter Porter also attended the meetings. Councilman Goss asked why the WISD/City Subcommittee was not part of these recommendations. City Manager Manson explained that process was completed within a different time period. She reported that she would check to insure that item was brought back to council. Mayor Pro Tern Byboth reported that the applicants this year were all very qualified. He reviewed the recommendations with council and noted that Councilman Jones was acquiring a list of additional boards that could be put in place to allow more citizens to be involved. Mayor Pro Tern Byboth also suggested increasing the number of board members on the existing boards to allow more participation. He noted that some boards would require a charter amendment to increase the numbers. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Jones to appoint the following members to the 2010 Wylie Boards and Commissions for terms expiring June 30, 2010: Animal Advisory Board Construction Code Board Library Board Chuck Kerin - re-appoint Alt. David Williams- re-appoint Lucy Shriver- re-appoint Amy Nutz- new Alt. Sunil Verma- re-appoint Grace Morrison - re-appoint David Lewis- new Ronald Hauck-re-appoint Junaid Najamuddin - re-appoint Brian Parten - re-appoint Geraldine Washington - new Allen Morris - re-appoint Parks& Recreation Board Parks& Recreation 4B Planning &Zoning Commission Christine Price- new Eric Hogue- re-appoint Gilbert Tamez- new Anne Hiney- re-appoint Bennie Jones- re-appoint Ron Smith - new Gary Robas- re-appoint Rick White- re-appoint Jeremy Jordan - new Eddie Rogers- re-appoint Phillip Johnston - re-appoint Public Arts Advisory Board Wylie Economic Development Zoning Board of Adjustment Polly Harrison - re-appoint Mitch Herzog - re-appoint Alt. Jason Potts- new Kathy Spillyards- re-appoint Marvin Fuller- re-appoint Darnell Harris-Alt to member Stewart Matthews- re-appoint William Baumbach - re-appoint Deya Harris- new Karyn McGinnis - re-appoint Kelly Price- new A vote was taken and the motion passed 7-0. 3. Consider, and act upon, Resolution No. 2010-21(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way Minutes June 22, 2010 Wylie City Council Page 3 and related easements for the construction of the Stone Road (CR 382) Bridge. (C. Hoisted, Engineering) Staff/Council Discussion City Engineer Hoisted addressed council stating that the 2003 Collin County Bond Program identified $500,000 for the construction of the CR 382 (Stone Road) bridge. Construction plans are complete and four right of way parcels and three slope easements have been identified for the project. One of the right of way parcels has been acquired through dedication and one parcel is on property that the City currently owns. The right of way agent has negotiated the purchase price of the remaining parcels based on appraisals for each property. Council Action A motion was made by Councilman White, seconded by Councilman Porter to adopt Resolution No. 2010-21(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way and related easements for the construction of the Stone Road (CR 382) Bridge. A vote was taken and the motion passed 7-0. 4. Consider, and act upon Resolution No. 2010-22(R) authorizing an inter-local agreement between Collin County and the City of Wylie concerning the construction of the Hooper Road Bridge. (C. Hoisted, Engineering) Staff/Council Discussion City Engineer Hoisted addressed council stating that in September 2006 council approved an inter-local agreement with Collin County for the design of the Hooper Road Bridge. The alignment of the roadway and bridge has been determined and the project crosses the impoundment of Rowlett Creek Flood Prevention Dam No. 7. As a result, additional engineering services are necessary. The additional services include the expansion of the limits of the floodplain modeling upstream and downstream of the bridge, a grading plan to mitigate the fill placed for the roadway, U.S. Army Corps of Engineers individual permit, and coordination with NRCS, TCEQ, FEMA and USACE. Council Action A motion was made by Councilman Porter, seconded by Councilman Jones to adopt Resolution No. 2010-22(R), authorizing an inter-local agreement between Collin County and the City of Wylie concerning the construction of the Hooper Road Bridge. A vote was taken and the motion passed 7-0. Mayor Hogue convened into Executive Session at 6:30 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Section 551.072 (Real Property) of the Local Government Code, Vernon's Texas Code Annotated(Open Meetings Act). • Discuss right of way purchase on Brown Street from FM 1378 to Ballard Avenue 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 Minutes June 22, 2010 Wylie City Council Page 4 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. Mayor Hogue reconvened into Open Session at 6:43 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. 5. Consider, and act upon, a Resolution No. 2010-23(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way and related easements for the construction of improvements to Brown Street from FM 1378 to Ballard Avenue. (C. Hoisted, Engineering) Staff/Council Discussion City Engineer Hoisted addressed Council stating that on March 23, 2010 Council approved an agreement with TranSystems for right of way acquisition services for the Brown Street West paving project. The engineering plans are approximately 80% complete and fifty-two right of way parcels have been identified. A market study has been prepared for the project and appraisals for commercial property will be completed on an as needed basis. Approval of the Resolution authorizes the City Manager to proceed with the acquisition of the right of way and execute the necessary documents. Council Action A motion was made by Councilman White, seconded by Councilman Porter to adopt Resolution No. 2010-23(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way and related easements for the construction of improvements to Brown Street from FM 1378 to Ballard Avenue. A vote was taken and the motion passed 7-0. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Porter seconded by Councilman Jones to adjourn the meeting at 6:50 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes June 22, 2010 Wylie City Council Page 5 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 13, 2010 Item Number: B. Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: June 10, 2019 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2010-24(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement with Collin County, Texas for Road Improvements in accordance with Court Order No. 97-576-08-25. Recommendation Motion to approve Resolution No. 2010-24(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement with Collin County, Texas for Road Improvements in accordance with Court Order No. 97-576-08-25. Discussion Collin County is in the process of updating the road improvement Interlocal Agreements with various entities within the County. This Interlocal Cooperation Agreement replaces an existing agreement approved by the City in March 2002. The Agreement will allow Collin County to continue participation in road and bridge maintenance/improvement projects within the corporate limits of Wylie. The county may assist with general maintenance activities such as the grading, rocking, asphalt level up, seal coating, installation of culverts, cleaning of drainage ditches, mowing or brush cutting, emergency repairs to bridges, and oiling for dust control. As consideration for the services and functions provided by Collin County as part of this Interlocal Cooperation Agreement, the City of Wylie agrees to pay Collin County in accordance with the advance cost estimate submitted to them for work requested by the City of Wylie in the amount and upon the following terms and conditions: 1) Payment in full upon completion of work and receipt of bill for the same. 2) Payment to equal reimbursement in full for labor, equipment, and material expended by Collin County. Under this Interlocal Agreement, if the County performs maintenance to roads that lie half within County jurisdiction and half within City jurisdiction (roads divided along the centerline), the City pays only one half the total cost of the repairs. Article II, Section 1 C of the City Charter gives the City Council authority to cooperate with other governments (County, City or political subdivision) for any lawful purpose for the advancement of interests, safety, Page 1 of 2 Page 2 of 2 convenience and welfare of its inhabitants The Interlocal Cooperation Act, Title 7, Chapter 791, of Vernon's Texas Statutes and Codes Annotated (The Act), and the Constitution of the State of Texas, Article III, Section 64(b) (the Constitution) specifically authorizes counties and other political subdivisions comprised or located within the County to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of the State of Texas, under the terms and conditions prescribed in the Act. Approved By Initial Date Department Director MS 6-10-10 City Manager mM 7h I(b RESOLUTION NO. 2010-24(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH COLLIN COUNTY, TEXAS FOR ROAD IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO. 97-576-08-25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an interlocal agreement between the City of Wylie, Texas and the Collin County, Texas for Road Improvements in accordance with Court Order No. 97-576-08-25, which is attached hereto as Exhibit"A." SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie Texas, on this the 13t"day of July, 2010. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2010-24(R) Interlocal Agreement with Collin County Road Improvements in accordance with Court Order No.97-576-08-25 EXHIBIT "A" Interlocal Agreement 563458-1 • 4L Office of the Purchasing Agent 2300 Bloomdale Road COLLIN COLLIN COUNTY Suite 3160 IV COUNTY McKinney, Texas 75071 www.collincountytx.gov June 7, 2010 City of Wylie 2000 Highway 78 North Wylie, TX 75098 Collin County is the process of updating the road improvement Inter-local Agreements with various entities within the county. Enclosed you will find the original agreement between Collin County and the City of Wylie approved in 2002, a copy of the "County Road Policy (1997)", and a new inter-local for your approval. Please forward four(4) executed copies of the new agreement and your city's resolution to: Collin County Purchasing Attn: Matt Dobecka, CPPB 2300 Bloomdale Road, Ste 3160 McKinney, TX 75071 Once approved by the Collin County Commissioners' Court one (1) fully executed agreement will be returned to you. Should you have any questions please give me at a call at 972-548-4103. Regards, /flau ..)7 ,., , Matt Dobecka, CPPB Contract Administrator INTERLOCAL COOPERATION AGREEMENT Whereas, the Interlocal Cooperation Act, Title 7, Chapter 791 , Vernon's Texas Statutes and Codes Annotated (the "Act"), and the Constitution of the State of Texas, Article III, Section 64(b) (the "Constitution") specifically authorizes counties and other political subdivisions comprised or located within the county, to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of this State, under the terms and conditions prescribed in the Act: and WHEREAS, the functions and/or services contemplated to be performed by Collin County, Texas, as set out herein, are governmental functions and/or services contemplated by the terms of the Act and are functions and/or services which each of the parties hereto have independent authority to pursue, notwithstanding this Agreement; and WHEREAS, both the county and the political subdivision named herein are desirous of entering into this Interlocal Cooperation Agreement, as is evidenced by the resolutions or orders of their respective governing bodies approving this Agreement which are attached hereto and made a part hereof. NOW, THEREFOR, THIS AGREEMENT is hereby made and entered into by and between Collin County, Texas a political subdivision of the State of Texas, and the City of Wylie, political subdivision of the State of Texas, which is wholly or partially located within Collin County, Texas. Consideration for this Agreement consists of the mutual covenants contained herein, as well as any monetary consideration, which may be stated herein. This agreement is as follows, to wit: I. As requested by the political subdivision named herein, Collin County, Texas, acting by and through its duly authorized agents and employees, agrees to provide said political subdivision with the following described governmental functions and/or services: ROAD IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO. 97-576-08-25 (COPY ATTACHED). II. As consideration for the above-described governmental functions and/or services, said political subdivision agrees to pay to Collin County, Texas, in accordance with the advance cost estimate submitted to them for work they have requested in the amount and upon the following terms and conditions: 1 ) PAYMENT IN FULL UPON COMPLETION OF WORK AND RECEIPT OF BILL FOR SAME. 2) PAYMENT TO EQUAL REIMBURSEMENT IN FULL FOR LABOR, EQUIPMENT, AND MATERIAL EXPENDED BY COLLIN COUNTY. III. Each party hereto agrees to defend and indemnify the other from any claims, demands, costs or judgments arising out of any negligent act or omission of their respective employees or agents in the performance of the governmental functions and/or services under this Agreement, to the extent allowable by law. IV. This Agreement shall be effective from and after the passage of enabling resolutions or orders by the governing bodies of the parties hereto and the execution hereof by each of the authorized representatives of the political subdivision who are parties hereto and shall remain in effect for a period of four (4) years unless terminated by either party upon giving thirty (30) days written notice to the other party of its intent to terminate the agreement. Notwithstanding the foregoing, it is understood that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. In the event of a non-appropriation by the paying party, the performing party shall be relieved of it responsibilities hereunder as of the first day of the fiscal year of such non-appropriation. All payments must be in an amount that fairly compensates the performing party for the services or functions performed under this agreement. COLLIN COUNTY, TEXAS Date: By: Title: County Judge CITY OF WYLIE Date: By: Title: INTERLOCAL COOPERATION AGREEMENT Whereas, the Interlocal Cooperation Act, Title 7, Chapter 791 , Vernon's Texas Statutes and Codes Annotated (the "Act"), and the Constitution of the State of Texas, Article III, Section 64(b) (the "Constitution") specifically authorizes counties and other political subdivisions comprised or located within the county, to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of this State, under the terms and conditions prescribed in the Act: and WHEREAS, the functions and/or services contemplated to be performed by Collin County, Texas, as set out herein, are governmental functions and/or services contemplated by the terms of the Act and are functions and/or services which each of the parties hereto have independent authority to pursue, notwithstanding this Agreement; and WHEREAS, both the county and the political subdivision named herein are desirous of entering into this Interlocal Cooperation Agreement, as is evidenced by the resolutions or orders of their respective governing bodies approving this Agreement which are attached hereto and made a part hereof. NOW, THEREFOR, THIS AGREEMENT is hereby made and entered into by and between Collin County, Texas a political subdivision of the State of Texas, and the City of Wylie, political subdivision of the State of Texas, which is wholly or partially located within Collin County, Texas. Consideration for this Agreement consists of the mutual covenants contained herein, as well as any monetary consideration, which may be stated herein. This agreement is as follows, to wit: I. As requested by the political subdivision named herein, Collin County, Texas, acting by and through its duly authorized agents and employees, agrees to provide said political subdivision with the following described governmental functions and/or services: ROAD IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO. 97-576-08-25 (COPY ATTACHED). II. As consideration for the above-described governmental functions and/or services, said political subdivision agrees to pay to Collin County, Texas, in accordance with the advance cost estimate submitted to them for work they have requested in the amount and upon the following terms and conditions: 1) PAYMENT IN FULL UPON COMPLETION OF WORK AND RECEIPT OF BILL FOR SAME. 2) PAYMENT TO EQUAL REIMBURSEMENT IN FULL FOR LABOR, EQUIPMENT, AND MATERIAL EXPENDED BY COLLIN COUNTY. III. Each party hereto agrees to defend and indemnify the other from any claims, demands, costs or judgments arising out of any negligent act or omission of their respective employees or agents in the performance of the governmental functions and/or services under this Agreement, to the extent allowable by law. IV. This Agreement shall be effective from and after the passage of enabling resolutions or orders by the governing bodies of the parties hereto and the execution hereof by each of the authorized representatives of the political subdivision who are parties hereto and shall remain in effect for a period of four (4) years unless terminated by either party upon giving thirty (30) days written notice to the other party of its intent to terminate the agreement. Notwithstanding the foregoing, it is understood that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. In the event of a non-appropriation by the paying party, the performing party shall be relieved of it responsibilities hereunder as of the first day of the fiscal year of such non-appropriation. All payments must be in an amount that fairly compensates the performing party for the services or functions performed under this agreement. COLLIN COUNTY, TEXAS Date: By: Title: County Judge CITY OF WYLIE Date: By: Title: COURT ORDER NO. 2002- aG -05-13 THE STATE OF TEXAS AGREEMENTS INTERLOCALIROAD AND BRIDGE IMPROVEMENT PROJECTS COUNTY OF COLLIN ENGINEERING On May 13, 2002, the Commissioners Court of Collin County, Texas, met in regular session with the following members present and participating, to wit: Ron Harris County Judge, Presiding Phyllis Cole Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Jack Hatchet! Commissioner, Precinct 4 During such session the court considered approval of an Interlocal Agreement with the City of Wylie for participation on Road and Bridge Improvement Projects. Thereupon, a motion was made, seconded and carried with a majority vote of the court authorizing the Interlocal Agreement with the City of Wylie for participation on Road and Bridge Improvement Projects and further authorize County Judge to execute same. Same is hereby approved as per the attached documentation. Al. . ., / R•n Harris ' • Judge ±I s i • 40L? Phyllis Colt.e o ' =ion Pct. 1 i Jerry H• ..•'� •, om i issioner, Pct. 2 t 1 ` l Joe Jayne , , ri pi aver, Pct. 3 I. Wii4.0, Jack Hatch mmissioner, Pct. 4 NV1Nnrtby.�i ATTEST: •'„'O� '' ,C t,9) Zir /c 4 He en Starnes, Ex-Officio erk _ _ '' ' :-+ Commissioners' Court y.: ON Collin County, TEXAS �,,� •• ' e;'-f S kct11tword data`,Court 2002ta0oceitRoed&Bridge-wyiie 0513.doc Commissioner Cole • • POLICIES COUNTY ROAD August 25, 1997 COMMISSIONERS' COURT AGENDA REQUEST FORM REQUESTS MUST BE RECEIVED NO LATER THAN 12:00 PM This space for Court Clerk AGENDA NUMBER: ,ON THE TUESDAV PRIOR TO THE MONDAV MEE77NG. REGULAR CONSENT INSTRUCTIONS ON THE REVERSE REQUESTING DEPARTMENT . Date: _April 9._2002 Court Date: April 22,2002 Phone/Ext: 3701 Department Public Works BUDGET RELATED INFORMATION Description of Agenda Item: Inter-local Agreements between Collin MUST COMPLETE FOR ALL EYPENDITURES/RFP'S This item is part of the current budget: Yes County and Cities for Participation on Road&Bridge Improvement _ No Projects. Amount Budgeted: __.J (or needed) Account Number. DEPARTMENT HEAD SIGNATU PURCHASING DEPARTMENT ACTION & COMMENTS Enter"not to exceed'cost estimate(s)for the requested item(s): CHECK TWO OF THE BELOW r „. BOND REQUIRED: INS.REQ'D: ADVERTISE T BIDS I ANNUAL ACTION; EFFECTIVE: AWARD PROPOSALS AD DATES; OPEN DATE/TIME: Item Description for Agenda: Remarks: PURCHASING AGENT SIGNATURE: AUDITOR'S OFFICE ACTION & COMMENTS BUDGET/FUNDING VERIFICATION _ BUDGET AMENDMENT REQUIRED BUDGETED __. FUNDS AVAILABLE 1._ NON-EMERGENCY,Sac 111.011 LGC UNBUDGETED 1 ACCOUNT NUMBER FOR AVAILABLE FUNDS EMERGENCY,Sec 111.010 LGC FUNDS NOT AVAILABLE , (Needed for Agenda Submission) FUNDS TRANSFER RECOMMENDATION AMOUNT DEPARTMENT NAME ACCOUNT NUMBER S From S From $ To S To Remarks: COUNTY AUDITOR c SIGNATURE: BUDGET DEPARTMENT ACTION & COMMENTS COMMENTS RELATED TO BUDGET AMENOMENT,IUSTIFICATION SUBMITTED BY DEPARTMENT BUDGET OFFICER SIGNATURE: 1110 COUNTY ROAD POLICIES • (GENERAL) INTERLOCAL COOPERATION AGREEMENT WHEREAS, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas Statutes and Codes Annotated (the "Act"), and the Constitution of the State of Texas, Article III, Section 64(b) (the"Constitution") specifically authorizes counties and other political subdivisions comprised or located within the County, to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of this State, under the terms and conditions prescribed in the Act; and WHEREAS, the functions and/or services contemplated to be performed by Collin County, Texas, as set out herein, are governmental functions and/or services contemplated by the terms of the Act and are functions and/or services which each of the parties hereto have independent authority to pursue, notwithstanding this Agreement; and WHEREAS, both the County and the political subdivision named herein are desirous of entering into this Interlocal Cooperation Agreement, as is evidenced by the resolutions or orders of their respective governing bodies approving this Agreement which are attached hereto and made a part hereof. NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by and between Collin County, Texas, a political subdivision of the State of Texas, and City of Wylie , political subdivision of the State of Texas which is wholly or partially located within Collin County, Texas. Consideration for this Agreement consists of the mutual convenants contained herein, as well as any monetary consideration, which may be stated herein. This agreement is as follows, to-wit: JNTERLOCAL COOPERATION AGREEMENT PAGE 1 Sactics it +DaA:wod B. The Commissioners' Court will consider upgrading a dirt road to a rock road provided that the adjacent property owners: S (a) Donate the right-of-way described in Section VI of this policy, and (b) Reimburse the county for the cost of materials to upgrade the subject road to the appropriate depth and width of rock Section III Re-opening of County Roads The Commissioners' Court will consider re-opening a county road which has not been maintained by the county in the last 10 years provided that the adjacent property owners: (a) Donate the tight-of-way described in Section VI of this policy,and (b) Reimburse the County for the total cost of improvements if the road is to be improved from its existing state Section IV Abandonment of County Roads The Commissioners' Court,by unanimous vote,may abandon a county road upon following procedures required by Vernon's Civil Statute's and the Texas Transportation Code. Section V Subdivisions 110 A. To be considered for maintenance by Collin County, private roads in recorded subdivisions must be asphalt and meet current county standards in regards to width, drainage, culverts, base material type and thickness. B. Private roads in subdivisions which were filed in the County Clerk's Office prior to May 18,1981 will be accepted for maintenance by the county provided there is adequate right-of-way,the roads are asphalt and meet current county standards. C. Private roads in subdivisions which were approved by Commissioners' Court and filed in the County Clerk's Office prior to October 23, 1995 will be accepted for maintenance provided such roads are asphalt and have been built and maintained to county standards. D. Private roads in subdivisions which were filed in the County Clerk's Office after May 18, 1981 that were not approved by Commissioners' Court shall meet the following conditions prior to acceptance: (a) Road right-of-ways must be dedicated to the public and accepted by Commissioners' Court (b) Roads must be asphalt and meet current county standards as described in this policy • E. Private roads in recorded subdivisions which do not meet county standards can be considered for maintenance by the county provided the landowners donate additional right-of-way,when needed,and provide total funding to upgrade such roads to county standards. Page 2 As requested by the political subdivision named herein, Collin County, Texas, acting by and through its duly authorized agents and employees, agrees to provide said political subdivision with the following described governmental functions and/or services: ROAD IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO. 97-576-08-25. II. As consideration for the above-described governmental functions and/or services, said political subdivision agrees to pay to Collin County, Texas, in accordance with the advance cost estimate submitted to them for work they have requested in the amount and upon the following terms and conditions: 1) PAYMENT IN FULL UPON COMPLETION OF WORK AND RECEIPT OF BILL FOR SAME. 2) PAYMENT TO EQUAL REIMBURSEMENT IN FULL FOR LABOR, EQUIPMENT, AND MATERIAL EXPENDED BY COLLIN COUNTY. III. To the fullest extent allowed by law, each party hereto agrees to defend and indemnify the other from any claims, demands, costs or judgments arising out of any negligent act or omission of their respective employees or agents in the performance of the governmental functions and/or services under this Agreement, IV. This Agreement shall be effective from and after the passage of enabling resolutions or orders by the governing bodies of the parties hereto and the execution hereof by each of the authorized representatives of the political subdivisions who are parties hereto and shall remain in effect for an initial term of one (1) year, but shall automatically renew for successive one year terms unless terminated by a party upon giving thirty (30) days written notice to the other party of its intent to terminate the agreement. INTERLOCAL COOPERATION AGREEMENT PAGE 2 Section X Signs Regulatory and warning signs placed along county roads shall be in accordance with the Texas IPManual on Uniform Traffic Control Devices. Section XI Reimbursement by Property Owners . Upon Commissioners' Court approval of a road project which requires reimbursement from the adjacent property owners,the property owners involved must place the required amount of money in escrow in a Collin County bank and provide the required right-of-way prior to the commencement of the project. Section XII Culverts Drive culverts within county road right-of-ways shall be permitted and sized by the County. Only corrugated metal or high-density polyethylene culverts will be permitted. Culverts shall be a minimum of thirty(30)feet in length unless the driveway over the pipe is concrete. In which case,the culvert may be the width of the driveway. New drive culverts must be installed at the expense of the property owner. Existing culverts within county road right-of- ways will be replaced as needed by the County at county expense. Section XIII Extenuating Circumstances Any extenuating circumstances not covered under this policy shall be brought to the attention of Commissioners' Court for consideration II II Prge 4 IV Cont. Notwithstanding the foregoing, it is understood that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. In the event of a nonappropriation by the paying party, the performing party shall be relieved of its responsibilities hereunder as of the first day of the fiscal year of such nonappropriation. All payments must be in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. �-- COW TEX4S Date: �J" 4F-A0/3:0)- - By: /ram Title:Ron Harris, County Judge (Political Subdivision) Date: By: a4t4rg"d2;211./ 7 Title: t. G�1 -CjG�U INTERLOCAL COOPERATION AGREEMENT PAGE 3 GENERAL RFOUIR, IE T1 FOR UPGRADING COUNTY RQ 10 An application requesting a road upgrade must be submitted to the Public Works Department specifying the location and approximate length of road or section of road to be upgraded. If more than one person is involved, please designate a single contact. An approximate cost estimate with right-of-way requirements will be prepared by the Public Works Department and sent to the requester. To proceed with the upgrade,the Public Works Department must be notified in writing of the requester(s)willingness to pay for material costs and donate right-of-way,when applicable. The request will be brought to the attention of Commissioners' Court for consideration. The Public Works Department will notify the requester in writing of the Court's action. A firm cost estimate will be provided,if different than the original estimate. Right-of-Way documents,when required,will be prepared by Collin County for signature. Money for material costs shall be placed in an escrow account by the requester(s). The project will be scheduled for construction after these items have been addressed. UPGRADING I ACCEPTANCE OF PRIVATE ROADS IN RECORDED SUBDIVISIONS op Subdivision must be recorded and meet the requirements specified in Section V ofthe County Road policies. All roads in the subdivision must be upgraded/accepted. Minimum right-of-way width shall be sixty(60)feet as required by Section VI,B.,(b)of the County Road Policies. When engineering information indicates that the existing right-of-way is not adequate, additional right-of-way will be required. A request must be submitted to the Public Works Department specifying the name and location of the subdivision in question. Please designate a single contact person for the county regarding this project. An approximate cost estimate will be prepared by the Public Works Department and sent to the requester. To proceed,the Public Works Department must be notified in writing ofthe requester(s) willingness to pay for all costs involved with the upgrade. The request will be brought to the attention of Commissioners' Court for approval. The Public Works Department will notify the requester in writing of the Court's action. A firm cost estimate will be provided if different from the original estimate. Money must be placed in an escrow account prior to the project being scheduled. If applicable, all fences, utilities or other improvements must be relocated prior to scheduling. Page 6 COURT ORDER NO. 97- 576 -08-26 THE STATE OF TEXAS COUNTY POLICIES: ADOPTION OF REVISED COUNTY ROAD POLICY/RESCIND PREVIOUSLY APPROVED.SOURT ORDERS COUNTY OF COLLIN COUNTY ROAP SUPERINTENDENT On August 25, 1997, the Commissioners' Court of Collin County, Texas, met in special session with the following members present and participating, to wit: Ron Hams County Judge, Presiding Phyllis Cole Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Jack Hatchell Commissioner, Precinct 4 During such session the court considered a request from the County Road Superintendent for approval to rescind previously adopted court orders pertaining to County Road Policies, furthermore, adoption of a revised County Road Policy. Thereupon, a motion was made, seconded and carried with a majority vote of the court to adopt a revised County Road Policy effective October 1, 1997, and rescind previously adopted court orders pertaining to same. Same is hereby approved in accordance with the attached documentation. on a my u ge Phyllis Col Co issioner, Pct. 1 if. - Jerry Hoagland,Co imissioner,Pct. 2 e a ne , mmissloner, Pct. 3 Jack Hatch Commies oner, Pct. 4 ATTEST: iA Helen Starnes, x-Officio Ic Commissioners' Courtty, Collin County, TEXAS � a c cow t97 cou. d.s r pot 't •� • COUNTY ROAD POLICY • (CITIES) TABLE OF CONTENTS 110 CountyRoad Policies(General) ( ) Section I Maintenance of Public Roads Page 1 Sect ion II Upgrade of County Roads Page 1,2 Section HI Re-opening of County Roads Page 2 Section IV Abandonment of County Roads Page 2 Section V Subdivisions Page 2,3 Section VI Right-of-Way Page 3 Section VII Other Cost Page 3 Section VIII County Projects Page 3 Section IX Extending the Length of a Road Project Page 3 Section X Signs Page 4 Section XI Reimbursement by Property Owners Page 4 Section XII Culverts Page 4 Section XIII Extenuating Circumstances Page 4 Application for Road Upgrading Page 5 General Requirements for Upgrading County Roads Page 6 Upgrading/Aooeptance of Private Roads in Recorded Subdivisions Page 6 Costs Page 7 County Road Policy (Cities) Section 1 Maintenance/Improvements to Roads Within City Limits Page 8 Section II Reimbursement for Work Performed by Collin County Page 8 County Road Policy (Oiling/Dust Control) Section I Oiling of County Roads Page 9 Application for Road Oiling Due to Chronic Respiratory Condition Page 10 Assessment Policy for Subdivision Roads Section I Assessment to Upgrade Roads in Subdivisions Page 11 Section II Assessment Procedures Page 11,12 Section III Appeals Page 12 Section IV Liens Page 12 Section V Acceptance Page 12 Section VI Status of Roadway after Acceptance Page 12 Section V11 Reimbursement of Funds Page 13 • COUNTY ROAD POLICY • (OILING/DUST) • COUNTY ROADJOLICIES (GENERAL) O. Section 1 Maintenance of Public Roads A. All public roads located in unincorporated areas of Collin County which are determined by the Commissioners' Court to be county roads,will be maintained by the County. All others shall be considered private roads and will not be maintained by Collin County. B. Roads or sections of roads which are bordered by a city or cities shalt not be maintained by Collin County as follows: (a) Any portion of a public road which has been annexed by a city or cities shall not be maintained at county expense. (b) Public roads or portions of public roads which are bordered by a city or cities on one side will be considered to lie in an incorporated area from the centerline of the public road to the city border. That portion which is considered to be in an incorporated area shall not be maintained at county expense. (c) Public roads or portions of public roads which are bordered by a city or cities on both sides will be considered to lie in an incorporated area and shall not be maintained by Collin County. Section II Upgrade of County Roads 10 A. Commissioners'Court will consider upgrading a rock road to an asphalt road provided one of the following conditions are met: (a) Roads with traffic counts of 150 cars per day or greater,which by the determination of Commissioners'Court,should be asphalted due to maintenance costs or other appropriate criteria when the adjacent property owners donate the right-of-way described in Section VI of this policy;or; (b) Roads not on the Collin County Thoroughfare Plan with traffic counts of 125 cars per day or greater,which when determined by the Director of Public Works(County Road Supt.) to have adequate width and drainage can be asphalted due to maintenance costs or other appropriate criteria without obtaining additional right-of-way;or; (c) Roads with traffic counts of 100 cars per day or greater can be asphalted when the adjacent property owners donate the right-of-way described in Section VI of this policy; or; (d) When the adjacent property owners donate the right-of-way described in Section VI of this policy and reimburse the County for the cost of materials required to upgrade the subject road to asphalt by current county standards. To be considered for asphalt, a road must tie into an existing asphalt road, unless the road in 111 question is a"Dead End" road. A"Dead End" road which does not tie into an existing asphalt road can be upgraded,provided its entire length is asphalted. A cul-de-sac shall be required when a dead end road is upgraded. P*ae l Collin County Department of Public Works 700 A West Wiimeth Road • McKinney.Texas 76069 (972)548-3700 FAX No. (972) 648-3754 Application for dust control oiling due to chronic respiratory condition RESIDENT PATIENT Name: Name: Physical Address: Physical Address: Mailing Address: Mailing Address: Phone: Phone: Date of Birth: County Road No.: Application is good for this calendar year only 1) Approximate distance residence is from county road. feet 2) Number of years lived at this residence. years 3) What side of road is residence located? SCircle one: North South East West To be completed by physician. Allergy which interferes with breathing or is life threatening Interstitial Pulmonary TB Pulmonary Fibrosis Lung Abscess Hypoxemia Asthma Sarcoidosis Bronchiolitis Asbestosis Dyspnea Emphysema Cystic Fibrosis Other chronic/life threatening respiratory conditions: How long has patient had this condition: Last episode: Other comments: Physician Name (Please print) Physician signature/specialty 111 Date: Phone No.: APPLICATION SHOULD BE MAILED OR FAXED FROM THE DOCTOR p97.oinorrn Page 10 sectl.YCaati.ari F. Private roads in unrecorded subdivisions will not be upgraded by Collin County under this policy. To be accepted for maintenance,the subdivision must be platted and the roads 110 constructed,by a private contractor,in accordance with the Coffin County Subdivision Regulations Section VI Right-of-Way A. Right-of-Way shall be in the following form: (a) Right-of-Way which is donated may be in Deed or Easement form;or (b) Right-of-Way which is purchased through negotiations or by eminent domain shall be in Deed form with an actual ownership.(Title)transfer of the land. B. Right-of-Way Width (a) The right-of-way width for roads on the Collin County Thoroughfare Plan shall conform to Collin County design standards. (b) The right-of-way width of roads to be upgraded which are not on the Coffin County Thoroughfare Plan shall be a minimum of(60)sixty feet. (c) When a road which is not on the Collin County Thoroughfare Plan is a candidate for upgrading, the requirements for right-of-way may be waived by Commissioners'Court provided the required pavement width and drainage are adequate within the existing . right-of-way. (d) Right-of-way widths may be waived by Commissioners'Court upon review of engineering information which indicates a different width is appropriate. Section VII Other Cost The cost involved for surveying, to prepare Deeds or Easements,re-locate fences,utilities (if in a private easement beyond the existing prescriptive right-of-way),culverts or other existing improvements may be borne by the county if such cost does not exceed twenty-five percent(25%)of the total project cost. When property owners are required to incur total cost to upgrade a road,the above cost shall not be borne by the County. Section VIII County Projects All projects shall be brought to the attention of Commissioners' Court for consideration. Section IX Extending the Length of a Road Project A road project which has been approved by Commissioners' Court may be extended in length when approved by the Director of Public Works(County Road Superintendent),provided that all requirements outlined in this policy have been met. S Page 3 ASSESSMENT POLICY FOR SUBDIVISION ROADS i Section 1 Assessment to Upgrade Roads in Subdivisions A. Collin County may upgrade county roads as outlined in Senate Bill 314, Article 6702-3, on a first come basis or as specified by Commissioners' Court provided the initial funds are available or made available to the county. Only roads in recorded subdivisions will be considered for upgrade by assessment. B. Commissioners' Court may consider upgrading a road or roads by assessment within subdivisions in un-incorporated areas of Collin County upon receipt of a written request from the Property Owner's Association or individual landowners agreeing to adhere to the following terms prior to construction: (a) Donation of additional right-of-way,drainage or utility easements,when required. (b) If a road lies within an unrecorded subdivision,the addition must be approved by Commissioners' Court and a plat filed for record at the County Clerk's Office. (c) Payment for all utility relocations. These costs will not be included in the assessment. . (d) Payment for all surveying platting, replatting and legal fees(to include title fees, assignment of liens,etc.). These costs will not be included in the assessment. (e) Payment for all project cost to include materials,equipment and labor. This includes all cost whether by in-house forces or contract. (f) Placement of 10% of the construction cost in an escrow account in a Collin County Bank. (g) Placement of 50%of the utility relocation cost in an escrow account in a Collin County Bank. Section II Assessment Procedures A. After the conditions in Section T have been met,the following procedures are required before the assessment can take place: (a) Commissioners' Court must give notice of the proposed improvement and assessment and must hold a public hearing. The notice must be published at least twice in a newspaper of general circulation in the county and shall state that a public hearing will be held to consider whether or not the improvement and 1110 assessment will be ordered. Pose r 1 APPUCA11ON FOR ROAD VJ QRADJNG 111/ Requesters'Name: _ Date: Msilimg Address: Home Pbonc wort(Phone Mobil/Pager Type of upgrade requested: Dirt to!Lock Dirt to Asphalt Rod(to Asphalt Private Road County Road No/Name: Subdivision Name: Location/Extent of Road(s)to be upgraded: FOR COUNTY USE 1s Road on Thoroughfare Plan? Yes No_ Right-of-Way Requ Comments: • Utility Comments: _ Culvert/Drainage Comments: Fence Comments: Initial Cost Estimate: Materials Labor Other Total 11110 Comments. Prepared By: Date: Date Mailed: Page 5 Section VD Reimbursement of Funds and upon completion Prior to the actual road upgrading po of the utility relocation the balance of the utility relocation cost shall be paid to Collin County or the respective utility company. (This includes the 50%escrowed monies plus the remaining 50% balance of the relocation cost) B. Upon completion of the upgrading,the 10%escrowed monies shall be reimbursed to Collin County. C. The 90%balance of the project cost including construction and other related cost as noted in Section I of this policy shall be the total assessed amount and shall be collected by the county over an amortized period,not to exceed sixty months. 111 Pap 13 S S. COSTS Since material costs fluctuate,the written cost estimate we have provided you will be honored for the period indicated(typically 6 months). The cost estimate for materials will be based on the type upgrade requested. pin to Rock A blend of(6"loose) crushed native white rock with(3"loose)flex base to improve traction and minimize dust. Dirt to Asphalt: A blend of(4"compacted)crushed native whiterock with(6"compacted)flex base and two layers of asphalt surface treatment. Mock to Asphalt: Two layers of asphalt surface treatment,any additional rock will be paid for by Coffin County since it is an existing rock road. private Road in Recorded Subdivision Since conditions vary,subdivisions will be evaluated on a case by case basis. If you have any additional questions,please feel free to call the Public Works Department at ! Metro 424-1460 ext. 3700 or(972) 548-3700. Mail or Fax Application To: Collin County Service Center 700A West Wilmeth Road McKinney, Texas 75069 Fax Number(972)548-3754 S Page 7 ttttttt� Section 11 Continued (b) Within 10 days of the public hearing,Commissioners' Court shall send by certified mail,a ballot to each owner of real property showing the maximum amount of assessment for each property in the subdivision should a majority of the record owners of real property in the subdivision vote in favor of the proposition. (c) If the vote passes,Commissioners' Court may provide the time,terms and conditions of payment and default to the assessment,except that no interest on the payment of the assessment shall be allowed, (d) If the vote fails,Commissioners'Court may not order the improvement and assessment,and may not propose the order again until four years after the date the County Clerk declares the results of the vote to Commissioners' Court. (e) An assessment shall be secured by a lien against the real property of the assessed property owner. Section III Appeals An assessment may be appealed by filing a petition in the district court having jurisdiction in the county not later than the 15th day after the date that a property owner receives an assessment. Section IV Liens An assessment shall be secured by a lien against the real property of the assessed property owner. Liens on all property shall remain in place until such time that the entire assessed amount has been paid to Collin County. Property owners are separately,not jointly,liable for their assessed amounts. Section V Acceptance When all of the requirements set out in Section I and Il of this policy have been met and if funds are available from Collin County the project will be accepted. If it will require an excessive amount of time to relocate the utilities and begin the actual upgrading of the road/roads the Commissioners' Court may direct that a minimum amount of maintenance be performed to assure the health and safety of the property owners. Section VI Status of Roadway after Acceptance A road improved under this article is a county road,and the county shall maintain the road in accordance with county road standards. • Pase 12 COUNTY ROAD POLICY (CITIES) t Section I Maintenance/Improvements to Roads Within City Limits A. Each city in Collin County is responsible for maintaining the roads and bridges within their city limits. B. Commissioners' Court desires that a consistent policy be continued concerning road work performed by the county within the corporate limits of cities as Collin County has limited funds,personnel and equipment available for these projects. C. Commissioners' Court may consider making or participating in improvements to roads and bridges within the corporate limits of a city as follows: (a)General maintenance items to include rocking,grading,asphalt level up, sealooating, oiling for dust control,installation of culverts,cleaning of drainage ditches, mowing or brushcutting and anergancy repairs to bridges. (b). Major improvements such as the construction or reconstruction of roadways will only be considered if the road is on the Collin County Thoroughfare Plan. D. A city must be entered into an Interlocal Cooperation Agreement with Collin County 11/ prior to work being performed by Collin County for that city. E. All requests must be submitted to the Director of Public Works by April 1st of the year prior to the year improvements are desired to be made. Emergency requests will be evaluated by Commissioners' Court upon the merits presented by the requesting city. F. Authorization for work in cities can only be given by Commissioners' Court. Section H Reimbursement for Work Performed by Collin County A. Costs for road and bridge repairs or improvements will be as follows: (a)Cost of materials used for the project or one-half of the total project(including labor and equipment),whichever is greater,if the road is on the Collin County Thoroughfare Plan. (b)Total cost,including materials,labor and equipment if the road is not on the Collin County Thoroughfare Plan. Page 8 � r • ASSESSMENT POLICY FOR • SUBDIVISIONS COUNTY ROAD POLICIES IOILINc/DUST CONTROL) Section 1 Oiling of County Roads County funds shall be expended to spray county roads for dust control as follows: a) When a person has a chronic respiratory condition,substantiated by a physician, the county will oil up to 500 feet in front of their house lithe house is located at a road intersection,the roads will be oiled for up to 500 feet in both directions from the intersection. Priority will be given to elderly residents. b) When the traffic count on a road reaches a minimum of 150 cars per day, oil will be applied on an interim basis until the road can be upgraded to asphalt. If the right-of-way required to upgrade a road is unobtainable,the road will no longer be oiled at county expense. c) When county trucks are hauling materials to or front a project site damaging the road surface and creating a severe dust problem. d) Other conditions as approved by action of the Commissioners Court. B. All other requests for oiling in unincorporated areas of the county would be at the requester's expense. Coffin County shall be reimbursed for the cost of materials. 10 Page 9 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 13, 2010 Item Number: C. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: June 21, 2010 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, approval of a Final Plat for Pecan Creek Addition, Block A, Lots 1 - 4, creating four legal lots of record on 5. 188 acres and withdrawing the previously approved Final Plat dated April 13, 2010. The property is generally located west of Whitley and north of Elm Grove Road within Dallas County. Recommendation Motion to approve a Final Plat for Pecan Creek Addition, Block A, Lots 1 - 4, creating four legal lots of record on 5.188 acres and withdrawing the previously approved Final Plat dated April 13, 2010. The property is generally located west of Whitley and north of Elm Grove Road within Dallas County. Discussion The Final Plat under consideration will create four (4) lots, ranging in size from .507 acres to 2.503 acres. The area is an established subdivision consisting of residential dwellings with some light commercial uses. The subject lots are within unincorporated Dallas County and within the Extraterritorial Jurisdiction of the City of Wylie, and cannot be annexed into Wylie due to lack of contiguity. Development will comply with County Code Regulations. The subject plat was recommended for approval by the P&Z Commission on March 16, 2010 and approved by Council on April 13, 2010. Prior to the filing of the plat with Dallas County, one of the property owners (Financial Necessities Network, Inc., Lot 5) reneged and decided not to be a part of the subdivision. Therefore the adjacent property owners are resubmitting for approval. Because the approved plat was never filed with the County it is not a legal lot of record thereby not allowing the revisions to be done through the Amended Plat process. However, because there is an approved Final Plat on record with the City the approval of the revised plat indicating 4 lots voids the previously approved Final Plat for Pecan Creek Addition. Ingress, egress and access easements were recorded under separate instruments and shall remain in effect as described in Volume 2004218, page 2990 and Volume 2004145, Page 13619. This Final Plat complies with all applicable technical requirements of the City of Wylie. Planning Commission voted 4-0 to recommend approval of the Final Plat. Approved By Initial Date Department Director 1'I ni RUVO 06/2/1/10 City Manager l -7(-71 (L) ttt Page 1 of 1 a:n€€f5.p il N / \., l01 8 8E¢fit I\ '" 4 IeCI_; 000'114\ /��5 \J iHµH MAN LE ® pp DAMES R.A EDNA N.CAMPBEL. / \ LO IRµ U n—� VOLUME 930)).PACE 1M1 / . D. DOC/200900110809 3I 0 LOT 3,SOCK A \ sane r.str4 �h/T \ VICINITY MAP / \,p, a 4 rAunEY ROAD ESTATE VOLUME 99104,PAGE 97 NOT TO SCALE / "WJ LANA MALLORY-BULET 077 � 31 p VOLUME 2004113,PAGE 38 �, \� BASIS OF BEARINGS /" •� :?/ WSJ Bearings contain.within this fide n description are based upon Me \ n grauna survey Performed in a(Ma°on a 9th day of November,2008 utilizing / `.'' ,,r 5.33'26"W C. W G.P.S.north(WGS84)meosurements. /� LOT 2,BLOCK A \Mo t„ zs 2r NOTES: In is request n maite knprovamants were located. 7 m Sb zim s4 r� \ i y, \ 9 Z 2. Selling a Port' of this addltim by males and bounds is o violation of City '6 \) N O danancenma eSta1e Co.and is subject to Knee and withhold,.ofutilities 14 �e PECAN COMPANY,INC. q / \ �� hr�r^ 3. An documond ents refnencea n ore recorded n Me Deed Recoras of Danes \VOLUME 2004177,(PAGE 1311 \ z Count,reads unlesse°°tad. / .b �6 . 25'ACCESS EASEMENL = 4 Easement N Access Eoumant'n to he he benefit an a h VOLUME 2004163.PAGE 39.16 uninterruptedIngress and Egress to arra f �,the 2.Lot 3.d 1 Nam. Y� an &oakk A Kan Creek Aaditun, mexpenses /h" 'tii/ W for°this access easement anon be resp°nsbility of a,Lman listed. FL000 Non ce e. It ii �0 LOT 4.BLOCK A / gym e Federal Emergency ,IORa LYAREZ / LOT 1,BLOCK A }(..r "q / i in9 to to 9ency Management Agency.Flood Insurance Rate DOC/200600439896 / / I MAP;n " Z m Asos WAS v Community a 48113CO235 J.dated August 23,2001,Stu°property is 7.= f within Flood Zone K Panel g / / RIGOBERiO AGUILAR / U CREEK DEVEL • Zane X-Areos dote mined to be outside the 500-year I.o.M., PECAN COMPANY,A OPMENT AND DANIEL S.MOROAN RUN Cis, kndy lnal the PrFP.FM and/m to \\ WLUME__�PAGE__—",kq/ /�v VOLUME GE____ VOLUME 2004002.PAGE 12570 I. This mood statement does thereon.he free Irom ooan m flood damage. On rare aka s.gre ter i or /• �' ) llOw a°c see. This noon statemenood t Moll of create li increased by of the r .BLOCK y on enpmt `J\ ,�4' PECAN CREEK ADDITION / LOT CHURCH ADDITION surveyor. 1�\\ y 4'�Q+/'S� snAs min. • / VOLUME 2003250.PACE 450 4 �, 4.•''•� Aza / s•%v ,/�P�„ 4',a91 / O JOIHN L.0AM0 c0 ' / Q I— A KMBEALEY M.DAVI0 4,"''',/,/a h� Ay,0, VOLUME 96018,PAGE 2745 ,i y r"' pyre' 0 le/ U /'%� a\ �( A amW w 4'/ g4, LOT 1,BLOCK A LIJ In , / '�� D'' //� c0UUE OD CHURCH PAGE 000 Q I EC .o / � 'O / VOLUME 2003250,PAGE 450 CZ v h }/0,/,,,�.30'INGRESS µD EGRESS EASE4ENi /� _J a h VOLUME 2004218.PAGE 2990 COTTONWOOD CHURCH CC Approved 04/13/10 . W si4/eAY/ .•fin OF CHRIST 0- (1. ? ' '' ((t{ sR i{� approval y� A♦J,rR Fe ,/gyp POINT OF /fr/A FINANCIAL NECESSITIES NETWORK,INC. // E E + f w.+E L i i ! z p\/..E l /i • 'BEGINNING / VOLUME 2605010.PALE 4162 / If !iLrIF/ by a EN p o Y a ii V{ J • . ` /// IPla received 06/09/10 NJIJ� / y•••Os.OROloF 27W� // 4«-e,,yR0A0 I' , FINAL PLAT LOTS 1-5, BLOCK A o S m a. 'PECAN CREEK ADDITION 7 )2 g 6,236 ACRES(271.630 SQUARE FEET)OUT OF d �Yr G c THE F.T.GAMES SURVEY,ABSTRACT No.497, SITUATED IN THE COUNTY OF DALLAS.TEXAS. SHUT ($bO[6. WRIER ObMER 08NE$ 511R1RTMt/FNOINFF6 1 seerwrw Financial Necessities Rigaberta A u Aguilar n a y-Bulky Roger Monkey MNKELAIANN&ASSOC. CD C"MM.::.. Networks, 15215 Berry Tra9 Apt.505 2551°Elm Grove Rood 1645 F.M.544 6750 Milleresl Roia Drive. OF r a swam*" 2621 Elm Grove�6a Dodos.texas 75248 Wylie.Teas 75098 Wylie.T 75098 OolosSo t.325 75240 • • al il i /`Y 4�' WIN K Lq ll ill 4 JA TO R.A MA K CA1111 li 0/ 4. , \ CO,1tNN LE - PO You lro TOME Born,PAGE tort / qt, wy`iaoM"r"mnom9 it1 4 `.....4,;........ r� MCINITY MAP �\ NNIEY R`OADD ESTATE ..a.. ..a w VOU NE 90104,PAGE 97 NOT TO SCALE 174, V7U 1 4110.PACE BASIS OF BEARINGS ''176 `\ N]IUE 2aa113.PAGE 383a h ``,J� Booripe con..OF.MN Ab note dmpt1n on ba.ed upon on an F. /` ,P(o `4 wound eneey performed.tits NW on 0I.1951 Gay of No..2008 ut..g he N163T28'1P Sr G.P.S. te north( 500)mwvonoolo lO�`BLOMM A \W. q�y'rry\�,.i427 ; pS 1. the Wentz r.am,t no wt.F9rommente.are located. �/a\ mar man '\ A(!ry d4 ` 7 Z 3. Slang a port.or Imo addition by metro and band,.o dalaDcn of CAN hy/ �7 Or*..W Stale Lou one N subject to fines or,.ItNAOIGn9 0l ON. V1 Or buildingeamen. pro W. `I✓"/ \4�,PECAN D�OEMLDP14HTlc\Nt NC / \�` 3. Alt County.1ww referenced her.arrecorded F q.DW Records al OGlas a• \VOLUME 2004137.PAGE 1311•: ' N.25'ACCESS EASEMENTp�I .W. oi 4. Accra Co..Note:Anew Easement N to be used for pro 2neN and ` / •/ VON.yDDN AGE iM19 3x unnlerrapad um,or Iprw..M forma to and from.Lot 1.lot a Mel 3, / \ ��/ ,A S�C fora .O.A of the Amon aeeA AGdilla.mint*n emnw /. . \47' �'�" x N;` .oases ewnent NM a rommnWNtY of*old L.Nle. / .>\\,, ROOD NOTE dnq to m. Emergency Y..wgrnn Agency. JORGE AL0AIE2 / LOT 1,BLOCK A �y/ •�4 LOom T 4,BIDCIT A / �I1 m F.Seral Em t Thad 1. ..co Role DDCF 2008.13e596 / ..... / wZ F Fbed ZaNP%.No.A811NL71q J.dated August 23,2001.m.prw..tY N wsen rYr,.M1 ,,,,/,'"' �p CS PECAN InEIX DELELOPNENT /' NDOBElHO Ap Zane A-New de.nned to be bait..tO.500-pee Roo�mn. LOpANT.NC. / _ COUNTY CLERK'S NSIRWENT ;P AtU 1tt Road etaonnt der net Arpr toot the.g....tY,tr. m..bnbne Na 200EO3E2E28 .(��/06 ' GCa p100 18Tz // o.'' Nei 200a0BOL PA0EN12570 .an.1 be free from floedn0 o good donor. On roue m.o.wool.. tit 4 flaade an and.m aGNI aM Rood h N may W noweM by man-maM.. / 1 n .'.V. N fleas.mlN 1, rot cradle I.NNy n In.p..l o,u. \ a ,,,,,.,'PECAN aCREEK t Ar3�SAD01710N // wlal . 4\ ,z ,r /41 228,004 SQ.FT, 1P NauAE 2a4TVD.PAGE 000 $ '�: \she / i ��• �' zo JO N L DAND �,ty/ ,�G� VOLUME 93M493M4 PACE It IONCIERLEY N. 27b "/ Pa / , a F- y,5 U it- , YeA 1 yt, G� /�al COrrp1R`100D'BLOCK p11Fp10001 N < L l ^eP �\ / VOLUME ma]Rw.PM ax z 1 cr< r /%� /Bi /// .- 'J'h/c' 30"INGRESS AND MESS EASEMENT O,s w /(�/�y11��`�/i�/ VELUM 20W214 PAGE 2990 COTiONROW CNMW J U Leh/per' be OF ORM' a POINT OF �, FIN #0�y1ES NE1050L Nc ONNING /,�`'T VOLUME 2mx10,PAGE ROi of ri r2:3"c. / N1' 7'.r JUN 16 201E f.49011..... RO4D R 3 LOTS 1N 4,BLOCK A 4 $ .. PECAN CREEK ADDITION E,,i'E`i,rr' s 1 _,- PECAN �1 } 5.188 ACRES(226,004 SQUARE FEET)OUT OF Lit 3UN 1120N J d I f 1 THE F.T.GAINES SURVEY,ABSTRACT No.497, Mee SITUATED M THE COUNTY OF DALLAS,TEXAS. er { OI A Wei. T. RigyMer.l3 RuN Ap1M RW 00 A Roar Na.ey WW 0TUI1NILtEIIt 4 e�wow 15215 Barr Tml,Apt.505 lane Mallory-9u.Y e45 F.Y.500 9T50.heel Rem Dew. OR e.. Dob,Tore 75248 25N Twos 7509E ONr,Taw DM.el 51 TAIiv Tome 7Sl1pE 325 75240 OWNERS CERTMCAlE MTNEss.car MM a oar.red NW qe day of cola. WITNESS.my red d Data Toot ur the that of 10O. E STATE Cr TEYOS t ey BP IN 91!Hip COUNTY OF DAIIAS 4 Mg..Afire Rope NaNer.S.M..Pecan Creek McMep ant Co II*. {.uh j wRlil3.RE. Aso..Ma Ague.Loa..y-Rurn Reed thAr awl Pam Drw sTAIE OF TEXAS 5 STATE OF 1FYA5 1 1 1 ill Deueopin.se Me err mg.of a w certain bad law oRg.F Mw F.T..NS COUNTY OF DriLLAs 4 CQNx a DALLAS 4 �t SU.,ABSTRACT Na 497,F Its Casty a Doe.Teat a ae.e7ed F deed.retard F 0 .0.2004113.Pape 3830 Volume 20011T2,Pap 1311.and Canty.1 lnerment N0 n 20050302525.201000115713 and 201000118712.DM Moo.Da.County.Teas.sew Mbr ME n.wl.rMPe4 a Ne1sy Pu01k in and b the star a rasp,an aY day pen 1SY BFFtlK ME YM uwler.4'b'a Notey Nrege F ale re S°q a Ted an this ay Pw.ma.Y ai H 1� more wibdMY dewed by coos Is eande a Nowt aBEFORE ppear Rigor.Agar ram b me a be q.p.m A.wet r.erred To Mw appeared Rage Hedmg.Imps to me to Mae porn Mtge name r a4.a0d to the fara9mir F.bummt cob admad.dged to that the ease we the a of the cold Riggete Mbuad as aarnaw..d9..a m.that the same a the a a a.ethos Roger Monkey and that 111 9Etl1-m0 a a e of Elm.Iron red 0 a Mork cup gaged IVAI.egg of 0 cornerlian the New1Y Pour o M/Ww execute!the sane Or w pupa..as eat*Geratime Mr.ewre.d D�'�� right-of-my One d Finn prow Roo0,a 95-loot right-of-way wet pint MF9 a.moat smgerlY Apb as.at M/.Axe recur tlY ore b 1M purpose m!consideration.therein eRaxe.M� / aI comer a o sot of bs dnaued F Mel t J.tn L.Da.as N.Merly M.Cold a record.!F plat OVEN uaF]t YY XAND AMD SFAL 6 OPTICE bde the day d ZOTO. Verrrso 05010.Pep SPA Bed Reeser.Davos Carol%Teat GRIN rEER MY NAM ME SEAL Cr ONCE.uY Me ay d TIERCE North 44 deg 25 CON 34 roc EaL dogging old darthelly right-of-way line of Elm Drew Notser prk in and far an.Ma.of Texas alas the Southeast Rr of sold Dar!Iron.o deletes a 341.3/Net to 0 1-.iron pip. ,rndXk F sew leek tln State a Tea round boomer. OM mer.sold p being the most Early carnet a MY Dad4 Bog; toy Camrde6an Ewer MEIIf0 North 1 .1 deg ho 35 min 2 or Mel fed Ur.Nrr.OWP r of'Rai'.d b tract. cam.an ley Camdedm EepYr drtaou a stale fa to a 1of kinds Yon tad ern a to oat.lea.! that es .Mt ten.a 2 800 d parrot rated F dos a.are ram a r.erde!F County SR9ET3RS CERT9CA1E Mkt oecunwnl No.20 0 6 0 0139tt0.OM ReodA Own County Tart VOTRESS.my nos a Dab..Ted MY a. day of 2M0. a 1/2-North n de u min t..c Ear,along eY oet for tract.a lice S d 520.2M Net to L Learnt lL Tankep a Register m root Bata.Ira..balled by the documentation. d Tate,arm re a b earner an Ur.SptMal NM d aw cur pat was ground du air my bat s and sup..Ram ravdea er.%e not atmgt. re a 1/2o0 Fan red d a deed sew a R.osi By cat.Ct.d an Mw yarM during Or errors sew saw nibble ae.nanlati.ra and that re pet Vat of 1,O adarred F Ora a.Ian..R.and Erin N.Camaew a most R of r mow of Lot Mq AprM ...dog camp.Ma th.Rde awl MpAotb*a a,reM Rowd a PbrwYnce Land I Page 1011,Ord*405 Bob.Cant%Tams.ow adM being.Pm ma Reefer. Rage 1 Sums.and tea lad....sal Code.Ompter 212.awl Ma the plotting tee and d MXNI Rood me 951 4.eager q Mw Oath Gahm root aaoarbr9!a STATE OF TEXAS 4 reg...a Mw Cry a MAr.Tea. s ravded F Volume g9104.Pap%.Creed Mowde.Dallas Cahn Tarot COUNTY OF DALLAS f < r2T5i VOICE Seth M 0•9 in min b Iwo East dap Mw Southwest M d odd Lot 1,a distance a Doted thY MY_ay of 2010. g O 4u h s655 N.!to a 5/!-YWt ion tad tand b camw..al!WFI Wing its Ea atoms a sad Iona Notary PL.F ad b its State a Test a MN day panmmY <i- iS Ydiay-gdey Mac!marl.!F Volume 20M11a Pap 3pS1: Ln ... 11F tlw uweMpn6 a = LL q Mth°ego Imam to coo to...rem mew snow come Y sold Rod a the land Ma U W ing THENCE South 43 deg 35 min 51 sae Eel aodeaer alatg sold W 1,a eta to a 240.73 Net !am adno.Ndpa!o me qd q.ear ea the act el Its eel!Mq AMMse and Merl Mprta a tNekw i(ttmmm to a 1/2-Fd Cr red bond tar corner.cola point Ming Its Nara erne of trek Mal Pat of M/g.e.e.ted the ewe/cur the purpae M eanYaeatbn.w.Yt eepFeed Rabteed LoaProf...tars Sawry g�i a 2 Cottonwood 0...9.an add.to Dallas Calmly.Ted coosrdmt to br Plot Mreof Tess Mgl.betbn/ST4 NIQ raoaed F Vokwrne 2003tla Pap 450.DM Reeser.Dwa County.Tent tlM21 tIHGEIl YY XAND A1D SEsI 6 OYFNE.UM Its aY a Ia6 N are.A error Ya rL 1HFNGE sort AB deg 01 min 20 sec Mel along Mw Rorgea lire of old Cottonwood Church 6750 Mart Plaza Orr,Sur 325 A.M.o distance of 530.r fog to a 1/2-Fa Fan red wet a pbdia cop faxes far arm.. Data rem. 75230 weld point SOYA Ea canter of a bad of law r.er.!F d.M to Mg..NermeNties Network Notary prrM0 F and for Ow State of Ten. (972)490f7090 to: as F deed a ream.in 9wmd 2005010,Page 4152.Deed Rasedt Doan County. Taws My Commis.Eepire STATE OF TOUS 4 TNENGE North 43!.9 OS min 1.71 Mel a 1/the Norther line a sow cap not for row.* comm.Of ON1A5 / soak beef a age.a 101.eY Net a a 1/2-Fan Fro rod or a par cup Mond b MTE4.COY hand d owa Toth..Or the soy a cr.odd paint berg Mrs r lath caner a.aid PYrkrl Newrl0e Nawerk trod: 2mu Mbm rM tlw undeclared pgall%a Notary mar F and for the Stave a Ton m cub My 11EM.E South 44 deg 20 min 33 s.o Ma dart the Northwest YM of 9W fFarN N.awitle B. W.teng r Instd Leon.1.bar.rest to m.to M re paean the man.a puree!a Z Naiad Vxh a aslare a 3ar.M Net tee 1/2-FM Ye era with a gab cap by.d b the 1er.aaFa in.trrsnrant and aflmeMedpd b me that M.vented the erne rat the prrpa.e and an said Barony right-el-won re a Om Crow Rood,sale pant being the Meet caner of Lone MwOrr0iM> wawatbe wain epre* Z cis PFmca Herrin NawaY boot STATE a TEXAS 4 Gran user my hand and seal of afro this-ay of 2010. Q F" THEME Nosh 71 dot 31 min 17 sec Mel Nang sold Northerly right-of-.Me of EYn owe mum,OF OALLAS 1 Y H- Rood.a dYlaae of 2T.O Net 00 the POINT K BEWIIRIIa U 0 8 Notary Puelk in M b the Side!Taw 0 ep f%XITAMNC!thin roe met and Mph 216.001.arse Net a 0.1ep sae of bet. BEFORE YE tee uwaMp.d.a...Ns in as far the Slate a Tea,on M k ay per.a'dy am..Loa rosary-Burn Hawn a ma a..demon who.name.a4aaFod to q. a-I y Ynbummt and M0o00dged a me that Ma some re U art a Ms rid lea le Corrrda EyYe Om OWNERS OEOICAll011 forgoing and that he/ire.sorted the one for the page and canddaabns gwdt r a a w NOW T iERMPE.KNOW ALL NEN BY NEB PRESENTS wars. Z I .bmmm.tded fee error Z f-ce MAT.Mg...adopt Agub,Ma Apga,Boa relar*db•M.d Buy.Pecan 0....... GIVEN IRO01 NY NAM Also SEAL 6 OFFICE thY tlw_ der of tea 1 a ner.CR DO 0 thr plat daipwu^9 Mr haeknaeee WO..1 and a LOTS 1-A 000Ct A N PECAN CREW AOtlTON,m addNon to the CaunlY a Owe.Tod and M holy!.mate a Mw ~Z 41 p le use former Mw awn t.M dghl-of-we)a shown ha.. NolaY Public in awl b tM$We a Tm (TaYma4 PIasF9 R Ewing Cawdsbn Ooq Q The ea..b gown Mom sae henry served b Ow per...a Yrmosled.M Mp9a. J U fanat trot shrubs.a alter inpeanNnq a gre"the raw a cm.wcted v posed won.cow. My ConndeNen Eepke •Appraea b con.aldlam' sell ar ores the eA..Is and right-of-way.a.rem.Sold army garner tiro Irby roeer a fa the mutual tie ad acuom modotion a w public uteri rs to use or using Mu ame.All Is my p is ulalie M haw My..m right to racer and keep rant.!w or parts of my M.dingt fora bee.dirk or err FVro er .or growth which may F any•on admw Laity the wTRE55,my nand a oath..tea.We that day of xma tiara.atr of Wrtl..lo w. oat. e 0000 with pure crierve by..ma0tenark a order a M respect. Is m eonad and w pekre rants eke at w tyre haw the u right a Fine and ors to or bum was upan said deity cement fora an the paper abrer reconstructing.inr.c'teg. By Moog.- potrwina maMdnino and ad.;to a remoter w or part ofM roe..mote.Mtha.1M Reed gAeY modally at any tune of pawing its perm.en of myths STATE OF 1EXA5 4 gat lids plot armed subject to ell patting ordnance.rut rota Moue.a medullar of the CRy COMM'M'a UY41A5 1 Mayor,City a M0N.Tap a PAM Ted Imo undaMped.the City secnlaY of 1M CRy a MpN.TraA 1rtlY%It w Its kg. o< I. .. BEFORE LIE.the unbarred.a Many PWb F and b the sale d Tea,an this day pnanallY plpg a the PFLN tllmt 110N b the Cry al rR1d the Ceror k by y a forma e ran awe eppsaa R.qM%known b me to M Its person Mar neon b erred to let fereodr Mr,a Q M Mr emwmi sew aanMed.ed to me that Its one w Its a a the.aid Red Bulgy and. Mee-awpted Its Mkat MO Se 91 d sire.4 we%par. odd C Pak M..and saw and rover 5 i R'S M/eke carted m..arts far the prrPeee sew malwetims uerwt eee.ed. Ionotte M art..thereof and r upon oddw e m in ap.erkana furtherd.au...Its MOP ' to • FINAL PLAT d OVEN MOOR MY RAID AND SEA-a aPTRr that Om day a moo. Mere my haw thY_deY ef AO..2010 LOTS 1-4.BLOCK A PECAN CREEK ADDITION 4 rater pork b a!.tie saga a rota 5.188 ACRES(226,004 SOUARE FEET)OUT OF a K.1111•rASSO CRY SoetaYtew THE F.T.ONNES SUR3EY,ABSTRACT No.497. Or R215 0 Agee Fry-kF.T.INTHE COUNTY OF TRACT TEXAS. F OBER OYIdH 2 t 5215 Boy Tat.ail SOS Iota Yway-B Roy 42,F.M SN 575005 p10200 My�^'^��C'P'e Cl.CkY a M/W Duvet Teos ri245 2551 Elm Goer Road Mr1v,Tare)5098 SUM 325 wypw loco YSOpO Dapat Tssa Ys2a Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 13, 2010 Item Number: D Division: Parks and Recreation (City secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: June 29, 2010 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approving a request from Wylie is H.O.P.E. for a Country Fair Fundraiser at Olde City Park on Saturday, October 23, 2010 from 9:00 am-5:00 pm. Recommendation Motion to recommend approval for the Wylie is H.O.P.E. organization to have a Country Fair Fundraiser at Olde City Park on Saturday, October 23, 2010 from 9am-5pm. Discussion The Wylie is H.O.P.E. organization would like to hold a Country Fair fundraiser at Olde City Park on Saturday, October 23, 2010. The fair will feature arts and crafts booths, food, and other miscellaneous craft items. The funds raised will benefit their charitable organization. The Parks and Recreation Board at their Regular Meeting on June 28, 2010, unanimously approved Wylie is H.O.P.E.'s request to have the country fair fundraiser event at Olde City Park. Approved By Initial Date Department Director MS 7-3-2010 City Manager IVY) 7`�- ( l7 Page 1 of 1 CITY.OF., Y.111 V CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP,ORGANIZATION,INDIVIDUAL,ETC, EVENT INFORMATION • Name +�')...•%'J\l S t f `-_.�.l . ..;, - Location 1 ! Wi, i t (� J r; 'r ! Date(s) _ .'_0.11 '.f% 'r._y , ,1C.,,_� t .0 .! 1 !#..'.t Start Time i ,� 41'':, 1"� ;j:'zr t } ~ � , '..l„-'-. End Time 5.'';' y1:�1 tl ;h r r` f,, r Contact Person Name ( ,'),r ;�' .t-k('i -'(" "-, Number of Individuals Vending Items Multiple ,( . f L Address ,-j;:J`;` ,k), :Pti -n,.-1 " _. t , Target Audience ( r ' Phone No. r 1 Anticipated Number in Attendance at Event r Alternate Phone No. `'s 1%- - Lill) `:`"' t' i Specific Items to be Sold Emergency Contact Name ,f : ='.I"i,f r. ;t i.. '`^r1.err ci,A - } '...., i t:. r_'/.ci{,': . ic'.,.;`":t, bi rd t .,:,:.:>f- , 1 Address j- .1- i t ter k f'ft,+ i,. %i.rt 3iy,,r., r 4 l+ l i." LI ,.I _, Phone No. `-i(.rrJ , 44 .}: '( k:e.' %;.i ;: f , . ;s Alternate Phone No. (17- i 7-:Lit -) i -[ t)J r E f N 1; r ti.:; )" i i r'1 f y%('j T� Helpful information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation,community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold,the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states:It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks,cigars,tobaccos, cigarettes,fruits, candies,goods,wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility;provided, however, that this section shall not apply to any person, organizations,firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods, wares, and merchandise within the city park or recreation or community center facilities of the city. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 13, 2010 Item Number: E. Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: 07/06/10 Budgeted Amount: $N/A Exhibits: Agreement Subject Consider and act upon approval of a Resolution No. 2010-25(R), authorizing the City Manager to execute an Interlocal Agreement between Collin County and the City of Wylie concerning the construction of the Hooper Road Bridge. Recommendation Motion to approve a Resolution No. 2010-25(R), authorizing the City Manager to execute an Interlocal Agreement between Collin County and the City of Wylie concerning the construction of the Hooper Road Bridge. Discussion In September 2006, Council approved an interlocal agreement with Collin County for the design of the Hooper Road Bridge. The alignment of the roadway and bridge has been determined and the project crosses the impoundment of Rowlett Creek Flood Prevention Dam No. 7. As a result, additional engineering services are necessary. The additional services include the expansion of the limits of the floodplain modeling upstream and downstream of the bridge, a grading plan to mitigate the fill placed for the roadway, U.S. Army Corps of Engineers individual permit, and coordination with NRCS, TCEQ, FEMA and USACE. The 2003 Collin County Bond Program included $1,138,500 for the construction of the Hooper Road Bridge over Maxwell Creek. The project will provide another north/south connection between FM 544 and SH 78. Collin County will fund 50% ($569,250) of the project and the Cities of Wylie and Sachse will fund 25% each ($284,625). This project was included in the Thoroughfare Capital Improvements Plan and impact fee funds may be used for this project. To date, Collin County has remitted $217,500 for engineering services. The attached ILA identifies and additional $55,500 for engineering services as outlined in the attached addendum from Kimley-Horn. On June 22, 2010 Council approved an interlocal agreement with the County for the additional engineering. Upon further review by the Collin County Auditor's office, some text changes have been proposed as indicated in the revised document. Approved By Initial Date Department Director C' 07/06 City Manager Wt ,,/H�YC 1 h /ID Page 1 of 1 RESOLUTION NO. 2010-25(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF THE HOOPER ROAD BRIDGE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the interlocal agreement between Collin County and the City of Wylie concerning the construction of the Hooper Road Bridge, SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 13th day of July, 2010. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2010-25(R) Interlocal ILA Agreement with Collin County Construction of Hooper 1 EXHIBIT "A" Interlocal Agreement Resolution No.2010-25(R) Interlocal ILA Agreement with Collin County Construction of Hooper 2 pill711$, UD,,INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR THE CONSTRUCTION OF THE HOOPER ROAD BRIDGE 2903 BOND PROJECT#03-072 (204 0-FUNDING) Formatted:Left WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the design of the Hooper Road Bridge across Maxwell Creek in Collin County,Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 79 1) 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 improvements may be constructed most economically by implementing this Agreement,LjA Commissioners court cm 024-2006,Court Order a 2006-987-1 0-24.: and NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to the Hooper Road Bridge, hereinafter called (the"Project"). The Project shall consist of design and construction of a 4-lane bridge over Maxwell Creek. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE IL The City shall acquire all necessary right-of-way for the Project. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements, The City shall provide the County with a copy of the executed construction contract(s)for the Project. ARTICLE III. ILA between Collin County and the City of Wylie re: l'ii4Ofei4-444ii-tatp (Project# 41„ y14) Page 1 ----The City estimates the total neitii -cost of the PK 4 t-1R cr_to be $963,200, 54 ,2-5 3 wa Pszikkmifie; ii t fv , aise t Vvo hg County 4'4r .... r f Fi -jE i x` elir icu e ns ( :-`of 4 - s3--i ihi s S•._.$e viihteJ gi r Rrrt Y;`.. i s ihi-lei i-r g....ae .4't't',.4....._. .i ik ohtc'it m,i j.' to f '._.,. e Siei wC isst, i s 3tr list amount hi oiioti 4-iiii-i" ;i4s.ii--RU p oot : t ifi 2,0 O-iiiiia i-not exceed "".'i0kt509 >,Q. The Ranieri z;,;.f ed -iii.ti Mtiose.i.i a 1? i-4'?>teV P€.€tta _?..l:°1 i7 i „,, ?i, 0e 'to the,,t rt ..s.githip.thirty (30) days after the City r,,.._executes a Pr it e-ro iieetl `'pi e si- .4 gre rrie j'rofest sionM servi w.vee s =.tl for the design of the i roje4- nd-(2+ sts ray t o.artsi =t;_ n . t,i+e,-'F.et=fwtyw ihitIi-lee+ --a- 93eg'f"rs;.'i4-2 ef-- he Ftiftd5 ete-_`t34e. t..,)$°y---ao F.e e the-se F rigin fiii-g w=sii k�:ctuifeeki+§tief-tht, P te s e kietk...h;,ef #-;;k„,,..;u giv"�.,.§$z:-tzf, i t) -\Vi-Eh4+ hif iy -4.frir;t P da,,s- at'4ef---ui esf__4;1 .__,fe .fxt ttk't .a .e r5ekte 3.. _s..'3s a.-t its t I t;af _ i`y i d t t €y shall remit t -di y 4 ty-a eeftt 4=I' ,) ofthe remaining.i4o 4e.tte4iaiith a y- is'tfttii ti lech giiice E i c sts-iiri rha r r t> l50.) within iiy U} U ib .4,tlt the City issues a notice to A i . 'i t.ac construction nd the t i 4t?e r`: � �i#,^�S£€es-r t �e� tit�etr��4 e4ryf�f�W. � t S�tq4 .._.. �_.h it tsy $ N t sed`kel 1 it Per . p..:C,.ci:.._ofthe Projectt f i .,_the City§v'ei or s of 4 i k e's for 4§tf4a ..._.�-_f d t�.¢:?t:fl;t t dienot:r Fo Sofia: i r to a aCiyfa.. 'ei.4'aeJ.tt x,a4 }.'k. ?if tF.f. ..ea itY •i4 so s'ii nor z:a§,.iz}gr.. `t)t 4.t..._4 k t t, $4 ' i vW i`f`f-tA3•.1 ` i=t;�w-t3.:§4=e4s`:r yr,d .t;t s-'de�.e n4at a ...dUt itt ed.. de thus....A.re:3-f's3.:•taFv. Yer a °.. t.(< . s..yftdc .._Ssfl a ac co u tit.f1 r t a yia21b1 Ct 3 "� §i:' iii i'4itt,..At the completion of the Project, the City shall provide a final accounting of expenditures for the Project. If the actual cos-beast, of the Project is less than the estimated cost of $963,200,the City shall reimburse the County so that the County will have only paid fifty percent(50ktrCdi)of the actual cost of the Project. Formatted:Indent First line; Q.SS', No trottf . Asa•-that Psfa tteet>><. bullets or numbering,Tab steps. p",heft ARTICLE IV. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty(30)days until Project completion. ILA between Collin County and the City of Wylie re: nftve - itige a fneiRl(Project#fats--tk t 7 2 .a.) Page 2 ARTICLE V. 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. ARTICLE VI. 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, JUDGMENTS 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 VII. 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 VIII. 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 IX. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. This Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral. ILA between Collin County and the City of Wylie re: 1 4-m-}e issit{;`e rt t°tql(Project#4:3,4a7 Page 3 ARTICLE X. 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 XI. 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 hall not create any rights in parties not signatories hereto, ARTICLE XII. TERM This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This Agreement shall automatically renew annually during this period. APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS By: By: Name: Name: Title: Title: County Judge Date: Date: Executed on this day of 2©l©,by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE,TEXAS By: By: Name: Carole Ehrlich Name: Mindy Manson Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. ILA between Collin County and the City of Wylie re &=h,,-Iw e di-r i.t nes;f lid,(Project#ia--0 {k w:: ) Page 4 AMENDED INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR THE CONSTRUCTION OF THE HOOPER ROAD BRIDGE 2003 BOND PROJECT #03-072 WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the design of the Hooper Road Bridge across Maxwell Creek in 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 improvements may be constructed most economically by implementing this Agreement; and WHEREAS,this agreement will supersede the agreement approved by the Collin County Commissioners court on 10-24-2006, Court Order# 2006-987-10-24; and NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to the Hooper Road Bridge, hereinafter called (the "Project"). The Project shall consist of design and construction of a 4-lane bridge over Maxwell Creek. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall acquire all necessary right-of-way for the Project. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s) for the Project. ARTICLE III. ILA between Collin County and the City of Wylie re: Stone Rd.(Project#07-084) Page 1 521931.v2 The City estimates the total cost of the project to be $963,200. The County agrees to fund the improvements in an amount not to exceed $569,250. The County shall remit, $272,500, to the City within thirty (30) days after the City executes a professional services agreement for the design of the Hooper Rd. Bridge. The county shall remit the remaining funds ($296,750) within thirty (30) days after the City issues a notice to proceed for construction and the City requests payment. Following completion of the Project, the City shall provide a final accounting of expenditures for the Project. At the completion of the Project, the City shall provide a final accounting of expenditures for the Project. If the actual cost of the Project is less than the estimated cost of$963,200, the City shall reimburse the County so that the County will have only paid fifty percent (50%) of the actual cost of the Project. ARTICLE IV. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until Project completion. ARTICLE V. 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. ARTICLE VI. 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, JUDGMENTS 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 VII. 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 ILA between Collin County and the City of Wylie re: Stone Rd.(Project#07-084) Page 2 521931.v2 is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE VIII. 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 IX. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. This Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral. ARTICLE X. 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 XI. 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 hall not create any rights in parties not signatories hereto. ARTICLE XII. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This Agreement shall automatically renew annually during this period. ILA between Collin County and the City of Wylie re: Stone Rd.(Project#07-084) Page 3 521931.v2 APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS By: By: Name: Name: Title: Title: County Judge Date: Date: Executed on this day of 2010, by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE, TEXAS By: By: Name: Carole Ehrlich Name: Mindy Manson Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. ILA between Collin County and the City of Wylie re: Stone Rd.(Project#07-084) Page 4 521931.v2 ADDENDUM NUMBER 001 Describing a specific agreement between the City of Wylie("the Client"), and Kimley-Horn and Associates, Inc. ("the Consultant" or "KHA") in accordance with the terms of the Letter Agreement ("the Agreement") referencing KHA Agreement dated June 15, 2006, said Agreement is hereby amended to incorporate the scope of services delineated below. Identification of Project:Maxwell Creek Bridge—Woodbridge Parkway,City of Wylie,Texas (KHA#063564113) General Scope of Services: Task 1 Conditional Letter of Map Revision(CLOMR) $6,000 Lump Sum Additional Submittal Requirements This task is intended to supplement Task 9 from our June 15, 2006 agreement. Task 9 was originally budgeted at $22,000 Lump Sum, but will be increased to $28,000 Lump Sum per this addendum. Since the original scope was written, issues have arisen which have necessitated an expansion of the CLOMR scope. The major issues are summarized below: Impacts on the reservoir of the downstream NRCS dam— Meetings with NRCS and TCEQ have led to the requirement that additional grading be performed to replace the volume in the reservoir lost due to fill associated with the dam. This additional grading will largely be located in the floodplain and will require an expansion of the limits of the floodplain modeling downstream of the bridge. Bridge span constraints—KHA has coordinated with City staff to discuss the proposed length of the bridge and has settled on a preliminary bridge configuration. However, the bridge configuration may result in FEMA floodplain elevation increases upstream of the bridge in areas where regulatory floodway has been established. KHA anticipates expanding the extents of the floodplain modeling efforts further upstream than originally intended to reach a location where elevation increases have been minimized. KHA will still perform the scope of services described in Task 9 from our June 15, 2006 agreement. Due to the issues summarized above, the reach of the Maxwell Creek that will be studied for the CLOMR submittal has been expanded and will extend from up to 3200 L.F. downstream of the proposed Woodbridge Parkway crossing to up to 7500 L.F.upstream of this crossing,measured along the flowline of the channel. Task 2 Compensatory Grading Submittal $8,000 Lump Sum The proposed roadway alignment passes through the reservoir of a downstream NRCS dam. Both NRCS and TCEQ have requested that, as part of the bridge design, an analysis of the cut and fill associated with the roadway project in the reservoir. Specifically,they have requested a submittal summarizing the fill associated with roadway and how that volume will be replaced in the reservoir. The volume will have to be replaced on a per-foot basis,so there is no loss in the volume in the reservoir at any elevation. KHA will develop a compensatory grading plan to perform the cut necessary to replace the volume removed by the bridge construction. The grading plan will be included in the construction plan set for the bridge. The compensatory grading is currently assumed to be located along the southern bank of the channel/reservoir within 1500 feet upstream and downstream of the proposed roadway crossing. KHA will also prepare a Mr.Chris Hoisted,February 4,2010,Page 2 of 5 technical memo for submittal to the City,NRCS,and TCEQ summarizing the proposed cut and the proposed fill. KHA will respond to one round of comments from the reviewing agencies on the submittal. Additional rounds of comments will be considered additional services. Task 3 Environmental/Floodplain/Dam Coordination $5,500 Hourly KHA anticipates there will be a need for additional coordination between the floodplain/reservoir modifications and the environmental permitting. KHA anticipates up to two additional site visits focused on the compensatory grading as well as additional modification and iterations to the grading plan will be necessary to develop and obtain approval of a plan the meets the needs of NRCS, TCEQ, FEMA, USACE, and the City. This task is intended to capture the additional effort for this coordination and approval that is not specifically identified in the other tasks in this agreement. Task 4 U.S.Army Corps of Engineers Individual Permit $36,000 Lump Sum Since the original scope was written, issues have arisen which have necessitated the need for a U.S. Army Corps of Engineers(USACE or Corps)permit. The proposed bridge and the associated reservoir grading will impact jurisdictional waters of the U.S. The impacts of these improvements need to be permitted through the USACE. Based on the scope of the impacts and our previous conversations with USACE,KHA understands the project will require an Individual Permit. KHA will prepare an Individual Permit(IP) for submittal to the USACE. KHA anticipates the IP will include the following items,which are described in detail in Items A-F. • Pre-application meeting • Proposed Preliminary Jurisdictional Determination • Functional Assessment • Alternatives Analysis • Conceptual Mitigation Plan(This scope of services assumes the City will purchase Bank Credits and not propose a mitigation design. The City is responsible for costs associated with the credit purchase) • Threatened and Endangered Species Database Review • Cultural Resources Database Review • Permit Application In addition to the items above, KHA will coordinate with the Corps and other regulatory agencies following submittal of the IP. KHA anticipates coordination will be necessary with the following agencies after the public comment period: • USACE • Environmental Protection Agency(EPA) • U.S.Fish and Wildlife Service(USFWS) • Texas Parks and Wildlife Department(TPWD) • Texas Commission on Environmental Quality(TCEQ) • State Historic Preservation Office Mr.Chris Hoisted,February 4,2010,Page 3 of 5 ITEMS A-F Item A Pre-Application Meeting—KHA will prepare for and attend one pre-application meeting with the Corps. The intent of the meeting will be to define project specific requirements from the Corps based on the conceptual plan for the project. KHA will seek to understand what the Corps will require in terms of details for permit submittals and anticipated timeframes. KHA will also seek guidance on the recent Mitigation Rule regarding application to this specific project as it relates to mitigation requirements for unavoidable impacts to waters of the US. Item B Jurisdictional Determination Report — KHA will prepare a Preliminary Jurisdictional Determination Report(Corps terminology; the report is considered"Final"upon Corps approval)for submittal to the Corps regarding the likely jurisdictional areas observed in the project limits. The potentially jurisdictional areas will be described in detail and will be graphically depicted on aerial photography and a USGS topographic map. The intent is to give the Corps an understanding of the potentially jurisdictional areas. This should allow the Corps to determine if they will assert jurisdiction over these areas. The delineation will be based on the professional judgment of KHA,its use of the Corps 1987 manual (as modified by the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region,March 2008),and applicable EPA and Corps guidance at the time of the observations. Final authority over the delineation of waters of the US lies with the Corps. KHA does not anticipate the need to flag or survey jurisdictional areas. If this is required, it can be performed as an additional service in accordance with the Agreement. KHA will submit the Preliminary Jurisdictional Determination Report to the Corps as part of the Individual Permit Application prepared under Item F. Item C Functional Assessment—KHA will prepare a Functional Assessment of the habitat that is proposed to be impacted by the project. KHA anticipates that best professional judgment will be adequate to describe the impacts to the Corps. KHA will submit the Functional Assessment to the Corps as part of the Individual Permit Application prepared under Item F. More detailed assessments requiring effort beyond best professional judgment, if required by the Corps, will be considered an additional service. Item D Alternatives Analysis — The Corps typically permits the least environmentally damaging practicable alternative. The Corps defines practicable as "available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes". KHA will prepare an alternatives analysis to show that the preferred alternative bridge design has been studied in relation to other viable alternatives. KHA will submit the Alternatives Analysis to the Corps as part of the Individual Permit Application prepared under Item F. If project impacts exceed 3-acres or 1,500-linear feet then a Tier II Alternatives Analysis and coordination with TCEQ will be required and can be performed as an additional service. Item E Threatened and Endangered—KHA will review readily available databases for Federally listed species and provide a narrative of findings which will be submitted as part of the Individual Permit Application prepared under Item F. Any species specific surveys required by the Corps will be considered an additional service. Item F Individual Permit Application —KHA will prepare an Individual Section 404 Permit for submittal to the Corps. This task consists of a compilation of the information gathered in the Mr.Chris Hoisted,February 4,2010,Page 4 of 5 previous tasks. The information will be summarized and presented to the Corps on ENG Form 4345 or other similar form provided by the Corps Fort Worth District. In addition, KHA anticipates the following items will be included in the Individual Permit Application. • Detailed project description, including description of activity and modifications to existing structures. • Purpose and need statement. • Plan,profile,and cross section drawings to illustrate proposed work in waters of the U.S. • Volume calculations for fill proposed in waters of the U.S. • Discussion of type,quantity,and source of temporary and permanent fill. • Discussion of the beneficial and adverse impacts to the aquatic environment. • Discussion of hydrology and hydraulics as it relates to the proposed project. • Project schedule. • Mailing list of adjoining property owners. • Documentation regarding coordination with resources agencies, if coordination has begun. • Documentation of agency approvals,such as FEMA and City approvals. • Review of known cultural resources from readily accessible public databases. The Corps may require a detailed Archeology/Cultural Resources Survey be submitted as part of the Individual Permit application. If needed,the Consultant anticipates the Client will obtain this survey under a separate agreement from a third party. The Consultant will assist the Client to develop a scope of services for this effort. KHA will submit the Individual Permit Application to the Corps. The submittal of the Individual Permit Application will initiate a mandatory public comment period. KHA assumes the Corps will prepare the public notice document based on information included in the submittal. KHA can prepare the public notice document as an additional service to be performed under Task 5. Response to public comments, response to Corps and resource agencies' review comments, and additional coordination following submittal of the Individual Permit Application will be performed under Task 5. Task 5 Post Submittal Agency Coordination Hourly As Incurred Following submittal of the Individual Permit Application to the Corps,KHA will coordinate with the resource agencies, and other review agencies, during review of the permit application documents. KHA anticipates the following coordination tasks at a minimum: • Response to requests for additional information from the Corps, • Response to public comments, • Participation in additional discussions regarding specific wildlife usage, • Coordination with the State Historic Preservation Office, • Additional discussions with resource or regulatory agencies,and • Preparation for and attendance at review meetings at the request of Client or review agencies. KHA will make revisions to the application package based upon Corps review comments. Changes to the application package as a result of Client-directed design changes following the commencement of this task will be considered additional services and can be performed in accordance with the Agreement. Mr.Chris Hoisted,February 4,2010,Page 5 of 5 Additional Services, if required: As requested by the Client via an additional Work Order. Deliverables: Additional items for the Conditional Letter of Map Revision (CLOMR), Compensatory Grading Plan,&U.S.Army Corps of Engineers Individual Permit Method of compensation: Lump Sum-$50,000 and Hourly-$5,500 Special terms of compensation: Plus expenses Other terms of Individual Project Order: N/A ACCEPTED AND AGREED TO: Kimley-Ho n and Associates,Inc. Signature: Signature: t44 rIl NAPA.r Printed Name: Printed Name: Ashley M.Frysinger, P.E. Title: Title: Associate Date: Date: DZ +0 Signature: Printed Name: James . all, .E. Title: Principal Date: r(=> Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 13, 2010 Item Number: 1. Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: June 18, 2010 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Ordinance No. 2010-09 adding Article VI, "Prohibition of Illicit Connections and Discharges into the Municipal Separate Storm Sewer System" to Chapter 42 "Environment" of the City of Wylie Code of Ordinances to provide for the regulation of Illicit Discharges to the Municipal Separate Storm Sewer System within the City of Wylie; providing for a penalty; providing for repealing, savings and severability clauses; and providing for an effective date of this Ordinance. Recommendation Motion to approve Ordinance No. 2010-09 adding Article VI, "Prohibition of Illicit Connections and Discharges into the Municipal Separate Storm Sewer System" to Chapter 42 "Environment" of the City of Wylie Code of Ordinances to provide for the regulation of Illicit Discharges to the Municipal Separate Storm Sewer System within the City of Wylie; providing for a penalty; providing for repealing, savings and severability clauses; and providing for an effective date of this Ordinance. Discussion The U.S Environmental Protection Agency (EPA) issued regulations in 1999 to protect storm water quality in urbanized areas. In Texas, the Texas Commission on Environmental Quality (TCEQ) was delegated the responsibility for implementing the regulations, commonly called the Phase II Storm Water Program. The City of Wylie is one of several hundred cities, counties, and other public entities required to develop a program to protect storm water quality under Phase II regulations. The EPA required the TCEQ to develop permit conditions for General Permit Number TXR040000 by December 9, 2002 to regulate public entities such as the City. The TCEQ finalized the permit August 13, 2007. With the permit requirements finalized, the City developed and submitted to the TCEQ a plan for a Storm Water Management Program (SWMP). The legislation requires that a plan must be developed and implemented to detect and eliminate illicit discharges to the storm sewer system. This includes developing a storm sewer system map, implementing an ordinance prohibiting non-storm water discharges, and conducting periodic inspections of the system to identify and eliminate illegal dumping, sanitary system cross connections, dry weather discharges, and other illicit discharges. The City must also educate the community about hazards associated with illegal discharges and improper disposal of waste. An Illicit Discharge is defined as any discharge to a municipal separate storm sewer that is not composed entirely of storm water except discharges pursuant to a National Pollutant Discharge Elimination System (NPDES) permit(other than the municipal separate storm sewer) and discharges resulting from fire fighting activities. Page 1 of 3 Page 2 of 3 Examples of Illicit Discharges are: • Discharges from a sanitary sewer line that enter the storm water system, • Pouring oil into the storm water system, • Washout from a cement truck or filter backwash from a pool that flows down the street and gutter, and • Purposely placing excessive yard waste in the street and gutter, etc. The specific wording in the legislation is as follows: Illicit Discharge Detection and Elimination (a) Illicit Discharges A section within the SWMP must be developed to establish a program to detect and eliminate illicit discharges to the small MS4. The SWMP must include the manner and process to be used to effectively prohibit illicit discharges. To the extent allowable under state and local law, an ordinance or other regulatory mechanism must be utilized to prohibit and eliminate illicit discharges. Elements must include: (1) Detection The SWMP must list the techniques used for detecting illicit discharges; and (2) Elimination The SWMP must include appropriate actions and, to the extent allowable under state and local law, establish enforcement procedures for removing the source of an illicit discharge. (b) Allowable Non-Storm Water Discharges Non-storm water flows listed in Part IIB and Part VIB. do not need to be considered by the MS4 operator as an illicit discharge requiring elimination unless the operator of the small MS4 or the executive director of the TCEQ identifies the flow as a significant source ofpollutants to the small MS4. In lieu of considering non-storm water sources on a case-by-case basis, the MS4 operator may develop a list of common and incidental non-storm water discharges that will not be addressed as illicit discharges requiring elimination. If developed, the listed sources must not be reasonably expected to be significant sources ofpollutants either because of the nature of the discharge or the conditions that are established by the MS4 operator prior to accepting the discharge to the small MS4. If this list is developed, then all local controls and conditions established for these listed discharges must be described in the SWMP and any changes to the SWMP must be included in the annual report described in Part IV.B.2. of this general permit, and must meet the requirements of Part II.D.3. of the general permit. The proposed ordinance satisfies the requirements of the General Permit and has been posted in several draft forms on the City website since mid 2009. In addition, over 50 Wylie commercial and industrial entities were mailed information about the proposed ordinance with notification that it was available for viewing on the website and that the City would be interested in receiving any comments. No comments were received. Page 3 of 3 The proposed ordinance would allow occasional discharges of vehicle wash water when generated strictly for the purpose of fundraising activities. Best management practices would be encouraged, and they include: a. remove all trash and debris before beginning the activity; b. use soaps that are "non-toxic", "phosphate-free", or"biodegradable"; c. refrain from using acid wheel cleaners or other toxic or harmful substances; d. minimize the amount of soapy water entering the MS4 by shutting off water when not in use and washing on a grassy area or an area where the runoff will enter a grassy area; e. emptying buckets of soapy water in sinks or toilets; and f. clean up the site after completing the activity. Other discharges that are allowed are individual vehicle washing, discharge from foundation and footing drains, air conditioner condensation, water from crawl space pumps, discharges from fire fighting, rising ground water, and other similar occasional incidental non-storm water discharges unless the TCEQ develops permits or regulations addressing these discharges. The ordinance has been reviewed by the City Attorney as well as the City's water-rights attorney. Approved By Initial Date Department Director ,1l I MS 6-/18-10 City Manager " '?/7/(0 ORDINANCE NO. 2010-09 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADDING ARTICLE VI, "PROHIBITION OF ILLICIT CONNECTIONS AND DISCHARGES INTO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM" TO CHAPTER 42 "ENVIRONMENT" OF THE CITY OF WYLIE CODE OF ORDINANCES; TO PROVIDE FOR THE REGULATION OF ILLICIT DISCHARGES TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM WITHIN THE CITY OF WYLIE; 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 of Wylie, Texas ("City" or "Wylie") is a home rule city acting under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Texas Commission on Environmental Quality (TCEQ) Rules and Regulations for Municipal Separate Storm Sewer Systems (MS4) state that a municipality must develop and implement a program to detect and eliminate illicit connections and discharges to the MS4; and WHEREAS, illicit connections and discharges can lead to degradation of the water quality of the waterways; and WHEREAS, the City Council of the City ("City Council") has investigated and determined it is necessary and in the best interest of the City to adopt regulations in order to safeguard citizens, protect property, prevent damage to the environment in the City, and promote public health, safety and general welfare by elimination of illicit connections and discharges to the MS4. 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 Chapter 42 (Environment) by adding Article VI (Regulation of Illicit Discharge) to Wylie's Code of Ordinances. Article VI (Regulation of Illicit Discharge) is hereby added to Chapter 42 (Environment) to read as follows: "ARTICLE VI. PROHIBITION OF ILLICIT CONNECTIONS AND DISCHARGES INTO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM. Sec. 42-100. Purpose. The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of Wylie through the regulation of non-storm water discharges to the MS4 to the maximum extent practicable as required by federal and state law. This ordinance Ordinance No.2010-09 Storm Water Discharge Ordinance Page 1 566887-1 establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES)permit process. The objectives of this ordinance are: 1. To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user. 2. To prohibit Illicit Connection and Discharges to the MS4. 3. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this ordinance. Sec. 42-101. Applicability. This ordinance shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by the Director. Sec. 42-102. Definitions and Abbreviations. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated. Best Management Practice (BMP) or Control Measure means the schedule of activity, prohibition, maintenance procedures, structural controls, and other management practices meant to prevent or reduce the discharge of Pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs or control measures also include treatment requirements, operating procedures, and practices to control Site runoff, spills or leaks, sludge or waste disposal, or drainage from raw material storage areas. Clean Water Act means the federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), as amended. Construction Site means any clearing, grading, and excavating that results in land disturbance. A Construction Site also includes, but is not limited to any stockpiling or other activity that results in exposed soils. This includes, but is not limited to, the construction of pools and the construction and maintenance of franchise utilities such as telephone, gas, electric, etc. This excludes the disturbance of soils for emergency activities that are immediately necessary for the protection of life, property, or natural resources. Contaminated means containing a harmful quantity of any substance. Contamination means the presence of or entry into the public water supply system, the MS4, waters in the state, or waters of the United States of any substance which may be deleterious to the public health and/or the quality of the water. Director means the Director of Public Services or his/her authorized representative. It shall be the duty and responsibility of the Director of Public Services or his/her authorized representative to administer, implement and enforce the provisions of this ordinance; Ordinance No.2010-09 Storm Water Discharge Ordinance Page 2 566887-1 Facility means any building, structure, installation, process, or activity from which there is or may be a discharge of a pollutant. Hazardous Materials means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed, to include, but not limited to any substance listed in Table 302.4 of 40 CFR Part 302. Household Hazardous Waste means any substance generated in a household (including single and multiple residences, hotels and motels, bunk houses, ranger stations, crew quarters, camp grounds, picnic grounds, and day use recreational areas) by a consumer which, except for the exclusion provided in 40 Code of Federal Regulations (CFR) §261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261. The term has the same meaning as "hazardous household waste." This includes, but is not limited to, products, such as paints, cleaners, oils,batteries, and pesticides that contain potentially hazardous ingredients that require special care when disposed of by a person. Illegal Discharge means any direct physical connection or indirect runoff of non-storm water discharge to the MS4, except as exempted in Section 42-103, paragraph 2) of this Article. Illicit Connection means either of the following: 1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4 including, but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the MS4 and any connections to the MS4 from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or, 2) Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Multi-Sector General Permit (MSGP) means the Texas Multi-Sector General Permit, TXR050000, its successor, or any other state regulation to control runoff from industrial Sites issued by the Texas Commission on Environmental Quality (TCEQ) or the state regulatory authority. Municipal Separate Storm Sewer System (MS4) means the separate storm sewer system owned and operated by the City of Wylie. The MS4 includes, but is not limited to, all drainage ways, storm water conveyances, catch basins, curbs, gutters, man-made channels, or storm drains, bar ditches, swales, and streets owned and operated by the City of Wylie or any private drainage way that drains to or contributes flow to the public drainage system and conveys storm water discharges to the surface water of the state. Ordinance No.2010-09 Storm Water Discharge Ordinance Page 3 566887-1 National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Non-Storm Water Discharge means any discharge to the MS4 that is not composed entirely of storm water. Operator means the person or persons who, either individually or taken together, meet either of the following two criteria: (1) has operational control over the facility specifications (including the ability to make or direct modifications in specifications); or(2) has day-to- day operational control over those activities at the facility necessary to ensure compliance with pollution prevention requirements and any permit conditions. Owner means the person who owns a facility or part of a facility. Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents or assigns. This definition includes all federal, state, and local governmental entities. Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; dredged spoil; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; incinerator residue; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; munitions; chemical waste; biological materials; radioactive materials; heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste; sewage, fecal coliform and pathogens; sewage sludge; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. The term "pollutant" does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated range land, pasture land, and farm land. Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Secondary Containment means a structure designed to capture spills or leaks, as from a container or tank, and has the capacity to hold 110% (one hundred ten) percent of the original container. Site means a parcel of land or a contiguous combination thereof, where activities are performed as a single unified operation. Ordinance No.2010-09 Storm Water Discharge Ordinance Page 4 566887-1 Storm Water means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Storm Water Pollution Prevention Plan (SWPPP) means a document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to the MS4, and/or receiving waters to the maximum extent practicable. Texas Surface Water Quality Standards means the standards set forth in Title 30, Chapter 307 of the Texas Administrative Code. Texas Pollutant Discharge Elimination System (TPDES), means the permit program that controls water pollution by regulating point sources that discharge pollutants into waters in the State, delegated to the State of Texas by the EPA pursuant to 33 USC § 1342(b). Water in the State means groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state. 42-103. Affirmative Defenses. 1) A person commits an offense if the person introduces or causes to be introduced into the MS4 any discharge that is not composed entirely of storm water. 2) It is an affirmative defense if the person introduces or causes to be introduced into the MS4 any of the following discharges that is not composed entirely of storm water: a. water line flushing (excluding discharges of hyper-chlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life); b. runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation utilizing potable water, groundwater or surface water sources; c. discharges from potable water sources; d. diverted stream flows; e. rising ground waters and springs; f. uncontaminated ground water infiltration; g. uncontaminated pumped ground water; h. foundation and footing drains; i. air conditioner condensation; Ordinance No.2010-09 Storm Water Discharge Ordinance Page 5 566887-1 j. water from crawl space pumps; k. individual residential vehicle washing; 1. flows from wetlands and riparian habitats; m. dechlorinated swimming pool discharges; n. street wash water; o. discharges or flows from fire fighting activities (fire fighting activities do not include washing of trucks, runoff water from training activities, test water from fire suppression systems, and similar activities); p. other allowable non-storm water discharges listed in 40 CFR § 122.26(d)(2)(iv)(B)(1); q. non-storm water discharges that are specifically listed in the TPDES Multi Sector General Permit(MSGP) and the TPDES Construction General Permit(CGP); and, r. other similar occasional incidental non-storm water discharges unless the TCEQ develops permits or regulations addressing these discharges. Sec. 42-104. Discharge Prohibitions. 1) No person shall discharge or cause to be discharged into the MS4 or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, the City's NPDES permit, or any state-issued discharge permit for discharges from its MS4, other than storm water. 42-105. Prohibited Activities Adversely Affecting Water Quality. 1) The specific prohibitions and requirements in this section are not inclusive of all the discharges or activities prohibited. It is unlawful for any person to: a. operate a facility that is subject to storm water discharge permitting without prior approval from the Texas Commission on Environmental Quality or other approving agency. b. introduce or cause to be introduced into the MS4 any harmful quantity of sediment, silt, earth, soil, or other material associated with clearing, grading, excavation or other construction activities, or associated with landfilling or other placement or disposal of soil, rock, or other earth materials, in excess of what could be retained on site or captured by employing sediment and erosion control measures to the maximum extent practicable under prevailing circumstances. c. connect a line conveying sanitary sewage, domestic or industrial, to the MS4, or allow such a connection to continue. Ordinance No.2010-09 Storm Water Discharge Ordinance Page 6 566887-1 d. install or maintain grease or sand traps that discharge to the MS4 without prior approval from the City; e. permit polluted materials, hazardous materials, liquid waste, semi-liquid waste,. or chemical waste or like material that would adversely affect water quality to: i. discharge to the ground, or ii. discharge to or create a potential to discharge to the MS4 through any of the following activities: A. discharge of wash water containing the material, B. dump, drain or introduce the material to the MS4, C. store the material in such a manner that the material is exposed to the elements or runoff, or D. dispose of the material in any area that may drain to the MS4 or dispose or store the material at any site other than one approved for that purpose; f. permit cooling tower, compressor, or boiler blow-down that is not clean or uncontaminated to flow to the MS4; g. permit wash water from any surface containing or having a substance on it that is a pollutant to discharge to the MS4; h. permit unused materials from ready-mix concrete mortar, and asphalt base delivery trucks to be dumped to any area that may drain to the MS4; i. purposefully dump, blow into, sweep into or otherwise dispose of excessive grass clippings, leaves, brush, yard waste or any rubbish or debris to the curb, gutter, storm drain, or watercourse; or j. permit sewage wastes to flow to any area other than a sanitary sewer or approved septic tank. k. dump, spill, leak, pump, pour, emit, empty, discharge, leach, dispose, or otherwise introduce or cause, allow, or permit to be introduced any of the following substances into the MS4: i. Any used motor oil, antifreeze, or any other motor vehicle fluid; ii. Any industrial waste; iii. Any hazardous waste, including hazardous household waste; iv. Any grit trap waste; Ordinance No.2010-09 Storm Water Discharge Ordinance Page 7 566887-I v. Any garbage, rubbish, or yard waste; vi. Any wastewater from the washing, cleaning, de-icing, or other maintenance of aircraft; vii. Any wastewater from a commercial mobile power washer or from the washing or other cleaning of a building exterior that contains any soap, detergent, degreaser, solvent, or any other harmful cleaning substance; viii. Any wastewater from floor, rug, or carpet cleaning; ix. Any wastewater from the washdown or other cleaning of pavement that contains any harmful quantity of soap, detergent, solvent, degreaser, emulsifier, dispersant, or any other harmful cleaning substance; or any wastewater from the washdown or other cleaning of any pavement where any spill, leak, or other release of oil, motor fuel, or other petroleum or hazardous substance has occurred, unless all harmful quantities of such released material have been previously removed; x. Any effluent from a condenser, emissions scrubber, or emissions filter; xi. Any ready-mixed concrete, mortar, ceramic, or asphalt base material or hydromulch material, or material from the cleaning of vehicles or equipment containing, or used in transporting or applying, such material; xii. Any runoff or washdown water from any animal pen, kennel, or foul or livestock containment area containing more than three animals; xiii. Any filter backwash from a swimming pool, fountain, or spa; xiv. Any swimming pool water containing any harmful quantity of chlorine, muriatic acid or other chemical used in the treatment or disinfection of the swimming pool water or in pool cleaning; xv. Any discharge from water line disinfection by superchlorination or other means if it contains any harmful quantity of chlorine or any other chemical used in line disinfection; xvi. Any fire protection water containing oil or hazardous substances or materials that the Fire Code in this Code of Ordinances requires to be contained and treated prior to discharge, unless treatment adequate to remove pollutants occurs prior to discharge. (This prohibition does not apply to discharges or flow from fire fighting by the Fire Department.); xvii. Any water from a water curtain in a spray room used for painting vehicles or equipment; xviii. Any contaminated runoff from a vehicle salvage yard; Ordinance No.2010-09 Storm Water Discharge Ordinance Page 8 566887-1 xix. Any substance or material that will damage, block, or clog the MS4; xx. Any release from a petroleum storage tank (PST), or any leachate or runoff from soil contaminated by a leaking PST, or any discharge of pumped, confined, or treated wastewater from the remediation of any such PST release, unless the discharge satisfies all of the following criteria: A. Compliance with all state and federal standards and requirements; B. No discharge containing a harmful quantity of any pollutant; and C. No discharge containing more than 50 parts per billion of benzene; 500 parts per billion combined total quantities of benzene, toluene, ethylbenzene, and xylene (BTEX); or 15 mg/1 of total petroleum hydrocarbons (TPH). 2) Used Oil Regulation. No person shall: a. Discharge used oil into the MS4 or a sewer drainage system, septic tank, surface water, groundwater, or water course; b. Knowingly mix or commingle used oil with solid waste that is to be disposed of in a landfill or knowingly directly dispose of used oil on land or in a landfill; c. Apply used oil to a road or land for dust suppression, weed abatement, or other similar use that introduces used oil into the environment. Sec. 42-106. Pesticide and Fertilizer Regulations. 1) Any sale, distribution, application, labeling, manufacture, transportation, storage, or disposal of a pesticide, herbicide, or fertilizer must comply fully with all state and federal statutes and regulations including, without limitation, the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and all federal regulations promulgated pursuant to FIFRA; Chapters 63, 75, and 76 of the Texas Agriculture Code and all state regulations promulgated pursuant to it; and any other state or federal requirement. 2) Any license, permit, registration certification, or evidence of financial responsibility required by state or federal law for sale, distribution, application, manufacturer transportation, storage, or disposal of a pesticide herbicide or fertilizer must be presented to the Director for examination upon request. 3) No person shall use, or cause to be used, any pesticide or herbicide contrary to any directions for use on any labeling required by state or federal statute or regulation. 4) No person shall use or cause to be used any pesticide, herbicide, or fertilizer in any manner that the person knows or reasonably should know, is likely to cause, or does cause, a harmful quantity of the pesticide, herbicide, or fertilizer to enter the MS4. Ordinance No.2010-09 Storm Water Discharge Ordinance Page 9 566887-1 5) No person shall dispose of, discard, store, or transport a pesticide, herbicide, or fertilizer or a pesticide, herbicide, or fertilizer container in a manner that the person knows or reasonably should know is likely to cause or does cause a harmful quantity of the pesticide, herbicide or fertilizer to enter the MS4. Sec. 42-107. Mobile Cleaning Operations and Occasional Vehicle Wash for Fundraising Activities. 1) Mobile cleaning operations may discharge clean, uncontaminated water to the MS4. 2) Any actual or threatened discharge of contaminated discharge to the MS4 from the operation of a mobile cleaning operation is hereby declared a nuisance. 3) A mobile cleaning operation must collect any unclean or contaminated water produced when engaging in mobile cleaning operations and disposed of said waste water in the sanitary sewer with approval from the owner of the property upon which the sewer inlet is located. 4) Contaminated water from mobile cleaning operations includes, but is not limited to: a. water containing soap, detergent, degreaser, solvent or other harmful cleaning substances; b. any waste water from the wash down or other cleaning of any pavement where any spill, leak, or other release of oil, motor fuel, or other petroleum or hazardous substance has occurred, unless all harmful quantities of the released material have been previously removed; c. or waste water with excessive amounts of sediments. 5) A mobile cleaning operation must use best management practices to the maximum extent practicable to prevent contaminants from entering the MS4. 6) Occasional discharges of vehicle wash water are allowable when generated strictly for the purpose of fundraising activities. Best management practices are encouraged to minimize pollution, including, but not limited to: a. remove all trash and debris before beginning the activity; b. use soaps that are"non-toxic", "phosphate-free", or"biodegradable"; c. refrain from using acid wheel cleaners or other toxic or harmful substances; d. minimize the amount of soapy water entering the MS4 by shutting off water when not in use and washing on a grassy area or an area where the runoff will enter a grassy area; Ordinance No.2010-09 Storm Water Discharge Ordinance Page 10 566887-1 e. emptying buckets of soapy water in sinks or toilets; and f. clean up the site after completing the activity. Sec. 42-108. Prohibition of Illicit Connections. The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited. 1) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 2) A person is considered to be in violation of this Article if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. Sec. 42-109. Industrial or Construction Activity Discharges. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit, which shall include: 1) filing the appropriate information with the Texas Commission on Environmental Quality and the City, 2) developing a Storm Water Pollution Prevention Plan(SWPPP), and 3) monitoring the Site as necessary to comply with all provisions of the permit and to ensure the prevention of any polluted discharges. Proof of compliance with said permit may be required in a form acceptable to the Director prior to the allowing of discharges to the MS4. Sec. 42-110. Notification of Release and Cleanup. 1) The person in charge of any vehicle, facility, or other source of any spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, leaching, dumping, disposing, or any other release of any of the following quantities of any of the following substances that may flow, leach, enter, or otherwise be introduced into the MS4, shall telephone and notify Public Works and response personnel through the City Non-Emergency contact number as soon as practicable, no later twenty-four(24)hours, concerning the incident: a) An amount equal to or in excess of a reportable quantity of any hazardous substance, as established under 40 CFR Part 302; b) An amount equal to or in excess of a reportable quantity of any extremely hazardous substance, as established under 40 CFR Part 355; c) An amount of oil that either (a) violates applicable water quality standards, or (b) causes Ordinance No.2010-09 Storm Water Discharge Ordinance Page 11 566887-1 a film or discoloration of the surface of the water or an adjoining shoreline or causes a sludge or emulsion to be deposited beneath the surface of the water or upon an adjoining shoreline; or d) Any harmful quantity of any pollutant. 2) The immediate notification shall include the following information: a) The identity or chemical name of the substance released, and whether the substance is an extremely hazardous substance, as established under 40 CFR Part 355; b) The exact location of the release, including any known name of the waters involved or threatened and any other environmental media affected; c) The time and duration(thus far) of the release; d) An estimate of the quantity and concentration(if known) of the substance released; e) The source of the release; f) Any known or anticipated health risks associated with the release and, where appropriate, advice regarding medical attention that may be necessary for exposed individuals; g) Any precautions that should be taken as a result of the release; h) Any steps that have been taken to contain and clean up the released material and minimize its impacts; and i) The names and telephone numbers of the person or persons to be contacted for further information. 3) Within fourteen (14) days following such release, the responsible person in charge of the vehicle, facility, or other source of the release shall, unless waived by the Director, submit a written report containing each of the items of information specified above, as well as the following additional information: a) The ultimate duration, concentration, and quantity of the release; b) All actions taken to respond to, contain, and clean up the released substances, and all precautions taken to minimize the impacts; c) Any known or anticipated acute or chronic health risks associated with the release; d) Where appropriate, advice regarding medical attention necessary for exposed individuals; e) The identity of any governmental/private sector representatives responding to the release; and Ordinance No.2010-09 Storm Water Discharge Ordinance Page 12 566887-1 f) The measures taken or to be taken by the responsible person(s) to prevent similar future occurrences. 4) Any release report required by a state or federal authority containing the information described above, shall be adequate to meet the reporting requirements for submittal to the Director. 5) The notifications required above shall not relieve the responsible person of any expense, loss, damage, or other liability which may be incurred as a result of the release, including any liability for damage to the City, to natural resources, or to any other person or property; nor shall such notification relieve the responsible person of any fine, penalty, or other liability which may be imposed pursuant to this Article or to state or federal law. 6) Any person responsible for any release as described above shall comply with all state, federal, and any other local law requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release. 7) Any person responsible for a release described above shall reimburse the City for any cost incurred by the City in responding to the release. Sec. 42-111. Suspension of MS4 Access. 1) Suspension due to Illicit Discharges in Emergency Situations. The Director may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters in the State. If the person fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons. 2) Suspension due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this Article may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a person of the proposed termination of its MS4 access. The person may petition the authorized enforcement agency for a reconsideration and hearing. 3) Offense. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the Director. Sec. 42-112. Watercourse Protection. Any person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that would pollute, contaminate, or retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or Ordinance No.2010-09 Storm Water Discharge Ordinance Page 13 566887-I adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The property owner, or such person's lessee, shall provide protection against stream bank erosion by maintaining existing vegetation or other bank stabilization practices adjacent to watercourses. Sec. 42-113. Right of Entry: Inspection and Sampling. The Director shall be permitted to enter and inspect facilities subject to regulation under this Article as often as may be necessary to determine compliance with this Article. If a person has security measures in force which require proper identification and clearance before entry into its premises, the person shall make the necessary arrangements to allow access to the Director or his/her authorized representatives as soon as possible. The Director shall have the right to enter any Site discharging storm water to the MS4 or to waters in the state to determine if the Owner or Operator is complying with all requirements of this Article, and with any state or federal discharge permit, limitation, or requirement. Owners or Operators shall allow the Director ready access to all parts of the Site for the purposes of inspection, sampling, records examination and copying, and for the performance of any additional duties as provided by state or federal law. Owners or Operators shall make available to the Director, upon request, any SWPPP's, modifications thereto, self-inspection reports, monitoring records, compliance evaluations, Notices of Intent, and any other records, reports, and other documents related to compliance with this Article and with any state or federal discharge permit. 1) The Director shall have the right to set up on the Site, or require installation of, such devices as are necessary to conduct sampling and/or metering of the Owner or Operator's operations, in the Director's discretion. 2) The Director may require any Owner or Operator to conduct specified sampling, testing, analysis, and other monitoring of its storm water discharges, and may specify the frequency and parameters of any such required monitoring. 3) The Director may require the Owner or Operator to install monitoring equipment as necessary at the discharger's expense. The Site's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the Owner or Operator at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. 4) Any temporary or permanent obstruction to safe and easy access to the Site to be inspected and/or sampled shall be promptly removed by the Owner or Operator at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the Owner or Operator. 5) Unreasonable delays in allowing the Director access to the Site shall be a violation of this Article. The Owner or Operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the Ordinance No.2010-09 Storm Water Discharge Ordinance Page 14 566887-1 authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Article. Sec. 42-114. Search Warrants. The Director may seek issuance of a search warrant from a municipal court or other court of competent jurisdiction if the Director, or his/her authorized representative, has been refused access to a building, structure, property, or premises and can demonstrate that the Director has probable cause to believe that: 1. a violation of this Article, a permit or other enforcement order exists; 2. there is a need to conduct a routine compliance inspection or to protect public health or safety; or 3. there is an emergency affecting public health or safety. For purposes of this Section, the City Manager, Director of Public Services, and their duly authorized representatives are declared to be "health officers," as that term is used in the Texas Code of Criminal Procedure, Article 18.05. Sec. 42-115. Warning Notice. When the Director finds that any person has violated, or continues to violate, any provision of this Article, or any order issued hereunder, the Director may serve upon that Person a written Warning Notice, specifying the particular violation believed to have occurred and requesting the Owner or Operator to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the Warning Notice in no way relieves the person of liability for any violations occurring before or after receipt of the Warning Notice. Nothing in this Section shall limit the authority of the Director to take any action, including emergency action or any other enforcement action, without first issuing a Warning Notice. Sec. 42-116. Notification of Violation. Whenever the Director finds that a person has violated a prohibition, or continues to violate, failed to meet a requirement of this Article, or any order issued hereunder, the authorized Director may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: 1. The performance of monitoring, analyses, and reporting; 2. The elimination of illicit connections or discharges; 3. That violating discharges, practices, or operations shall cease and desist; 4. The abatement of remediation of storm water pollution or contamination hazards and the restoration of any affected property; 5. Payment of a fine to cover administrative and remediation costs; or Ordinance No.2010-09 Storm Water Discharge Ordinance Page 15 566887-1 6. The implementation of source control or treatment BMP's. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. When the Director finds that any person has violated, or continues to violate, any provision of this Article, or any order issued hereunder, the Director may serve upon that person a written Notice of Violation. Within ten (10) calendar days of the receipt of this notice, the person shall submit to the Director: 1. an explanation of the violation; and 2. a plan for the satisfactory correction and prevention of reoccurrence thereof, to include specific required actions. If the person denies that any violation occurred and/or contends that no corrective action is necessary, an explanation of the basis of any such denial or contention shall be submitted to the Director within ten(10) calendar days of receipt of the notice. Submission of an explanation and/or plan in no way relieves the person of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the Director to take any action, including emergency action or any other enforcement action, prior to issuing a Notice of Violation. The Director may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any person responsible for noncompliance with any provision in this Article or any order issued hereunder. Such documents may include specific action to be taken by the person to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 42-117, 42-118, 42-119, 42-120, and 42-121 of this Article and shall be judicially enforceable. Sec. 42-117. Show Cause Hearing. The Director may order any person who has violated, or continues to violate, any provision of this Article, or any order issued hereunder, to appear before the Director and show cause why a proposed enforcement action should not be taken. Notice shall be served on the person and such notice shall include: 1. the time and place for the hearing; 2. the proposed enforcement action; 3. the reasons for such action; and 4. a request that the person show cause why the proposed enforcement action should not be taken. Ordinance No.2010-09 Storm Water Discharge Ordinance Page 16 566887-1 The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) calendar days prior to the hearing. Such notice may be served on any authorized representative of the person. The hearing shall be conducted pursuant to the rights and procedures specified in Section 42-122 of this Article. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the person. Sec. 42-118. Compliance Orders. When the Director finds that any person has violated, continues to violate, or threatens to violate, any provision of this Article, or any order issued hereunder, the Director may issue an order to the violator directing that the violator come into compliance within a specified time limit, prior to commencement or continuance of operation, or immediately. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the MS4 and waters in the state. A compliance order may not extend the deadline for compliance established by a state or federal standard or requirement, nor does a compliance order relieve the person of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the person. Sec. 42-119. Remediation,Abatement, and Restoration Orders. When the Director finds that a person has violated, or continues to violate, any provision of this Article, or any order issued hereunder, and that such violation has adversely affected the MS4, or the waters in the state, the Director may issue an order to the violator directing him/her to undertake and implement any appropriate action to remediate and/or abate any adverse effects of the violation upon the MS4, or the waters in the state, and/or to restore any part of the MS4, or the waters in the state. Such remedial, abatement, and restoration action may include, but not be limited to: monitoring, assessment, and evaluation of the adverse effects and determination of the appropriate remedial, abatement, and/or restoration action; confinement, removal, cleanup, treatment, and disposal of any discharged or released pollution or contamination; prevention, minimization, and/or mitigation of any damage to the public health, welfare, or the environment that may result from the violation; restoration or replacement of City property or natural resources damaged by the violation. The order may direct that the remediation, abatement, and/or restoration be accomplished on a specified compliance schedule and/or be completed within a specified period of time. An order issued under this Section does not relieve the person of liability for any violation, including any continuing violation. Issuance of an order under this Section shall not be a bar against, or a prerequisite for, taking any other action against any responsible party. Sec.42-120. Emergency Cease and Desist Orders. When the Director finds that any person has violated, continues to violate, or threatens to violate, any provision of this Article, or any order issued hereunder, or that the person's past violations are likely to reoccur, and that the person's violation(s), or threatened violation(s), have caused or Ordinance No.2010-09 Storm Water Discharge Ordinance Page 17 566887-1 contributed to an actual or threatened discharge to the MS4 or waters in the state which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the Director may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to: 1) Immediately comply with all requirements of this Article; and 2) Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge. Any person notified of an emergency order directed to it under this Section shall immediately comply and stop or eliminate its endangering discharge. In the event of a person's failure to immediately comply voluntarily with the emergency order, the Director may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters in the state, including immediate termination of a Site's water supply, sewer connection, or other municipal utility services. The Director may allow the person to commence or recommence its discharge when it has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless further termination proceedings are initiated against the person. The cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the person under this Article. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the Director within ten(10) calendar days of receipt of the emergency cease and desist order. Sec.42-121. Stop Work Orders. Whenever the Director finds that any person has violated, threatens to violate, or continues to violate, any provision of this Article, or any order issued hereunder, the Director may issue a Stop Work Order to such person, and require that a copy of the Stop Work Order be posted at the location where the person is engaging in the work or activities which creates or threatens to create such violation, and the Director shall distribute the Stop Work Order to all City departments and divisions whose decisions affect such work or activities. Unless express written exception is made by the issuing Director, the Stop Work Order shall prohibit any such further work or activities at such location and shall bar any further inspection or approval by the City associated with a building permit, grading permit, or any other City approval necessary to commence or continue such work or activities. Issuance of a Stop Work Order shall not be a bar against, or a prerequisite for, taking any other action against the person. Sec.42-122. Reconsideration and Hearing. 1) Any person subject to a Compliance Order under Section 42-118, a Remediation, Abatement, or Restoration Order under Section 42-119 an Emergency Cease and Desist Order under Section 42-120, or a Stop Work Order under Section 42-121 of this Article may petition the Director to reconsider the basis for his/her order within fifteen (15) calendar days of the affected person's receipt of notice of issuance of such an order. Ordinance No.2010-09 Storm Water Discharge Ordinance Page 18 566887-1 2) Failure to submit a timely written petition for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or review of the order. 3) In its petition, the petitioning party must indicate the provisions of the order objected to, the reasons for the objection(s), any facts that are contested, the evidence that supports the petitioner's view of the facts, any alternative terms of an order that the petitioner would accept, and whether the petitioning party requests a hearing on its petition. 4) The effect of any Compliance Order under Section 42-118, a Remediation, Abatement, or Restoration Order under Section 42-119, and any Stop Work Order under Section 42-121 shall be stayed pending the Director's reconsideration of the petition, and any hearing thereon, unless the Director expressly makes a written determination to the contrary. The effectiveness of any Emergency Cease and Desist Order under Section 42-120 shall not be stayed pending the Director's reconsideration, or any hearing thereon, unless the Director expressly and in writing stays his/her emergency order. 5) Within thirty (30) calendar days of the submittal of a petition for reconsideration, the Director shall either (1) grant the petition and withdraw or modify the order accordingly; (2) deny the petition without a hearing, if no material issue of fact is raised; or (3) if a hearing has been requested and a material issue of fact has been raised, set a hearing on the petition. 6) Written notice of any hearing set by the Director pursuant to Section 42-122, paragraph 5) above shall be served on the petitioning party personally or by registered or certified mail (return receipt requested) at least ten (10) calendar days prior to the hearing. Such notice may be served on any authorized representative of the petitioning party. 7) The Director may himself/herself conduct the hearing and take evidence, or he/she may designate any employee of the City or any specially-designated attorney or engineer to: a) issue in the name of the City notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing; b) take evidence; and/or c) transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Director for action thereon. 8) At any hearing held pursuant to this Section, testimony taken shall be under oath and recorded. Any party is entitled to present his/her case or defense by oral or documentary evidence and to conduct such cross-examination as may be required for a full and true disclosure of the facts. A transcript will be made available to any party to the hearing upon payment of the usual charges thereof Ordinance No.2010-09 Storm Water Discharge Ordinance Page 19 566887-1 9) After the Director has reviewed the evidence, he/she shall either (1) grant the petition; (2) deny the petition; or (3) grant the petition in part and deny it in part. The Director may modify his/her order as is appropriate based upon the evidence and arguments presented at the hearing and his/her action on the petition. Further orders and directives as are necessary and appropriate may be issued. Sec. 42-123. Appeal. Any person who remains adversely affected by the Director's order after petitioning for reconsideration pursuant to Section 42-122, or who is subject to an order of the Director issued following a Show Cause Hearing under Section 42-117 may challenge the final action of the Director in an appropriate court of competent jurisdiction. Sec. 42-124. Civil Remedies. 1) Whenever it appears that a person has violated, or continues to violate, any provision of this Article that relates to: a) the preservation of public safety relating to the materials or methods used in construction of any structure or improvement of real property; b) the preservation of public health or to the fire safety of a building or other structure or improvement; c) the establishment of criteria for land subdivision or construction of buildings, including street design; d) dangerously damaged or deteriorated structures or improvements; e) conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; or f) point source effluent limitations or the discharge of a Pollutant, other than from a nonpoint source, into the MS4. the City may invoke Sections 54.012 - 54.017 of the Texas Local Government Code and petition the State district court or the county court at law of Collin County, through the City Attorney, for either the injunctive relief specified in Section 42-124 paragraph 2) or the civil penalties specified in Section 42-124 paragraph 3) below, or both the specified injunctive relief and civil penalties. 2) Pursuant to Section 54.016 of the Texas Local Government Code, the City may obtain against the Owner or Operator of a Site a temporary or permanent injunction, as appropriate, that: a) prohibits any conduct that violates any provision of this Article that relates to any matter specified in Section 42-124,paragraphs 1) a) through f) above; or Ordinance No.2010-09 Storm Water Discharge Ordinance Page 20 566887-1 b) compels the specific performance of any action that is necessary for compliance with any provision of this Article that relates to any matter specified in Section 42-124 paragraphs 1) a) through f) above. 3) Pursuant to Section 54.017 of the Texas Local Government Code, the City may recover a civil penalty of not more than $1,000 per day for each violation of any provision of this Article that relates to any matter specified in Section 42-124, paragraphs 1) a) through e) above, and a civil penalty of not more than $5,000 per day for each violation of any provision of this Article that relates to any matter specified in Section 42-124 paragraph 1) f) above, if the City proves that: a) the defendant was actually notified of the provisions of this Article; and b) after the defendant received notice of the provisions of this Article, the defendant committed acts in violation of the Article or failed to take action necessary for compliance with the Article. Sec. 42-125. Criminal Penalties. 1) Any person who has violated any provision of this Article, or any order issued hereunder, shall be strictly liable for such violation, regardless of the presence or absence of a culpable mental state, and shall, upon conviction, be subject to a fine of not more than $2000.00 per violation, per day. 2) Any person who has knowingly made any false statement, representation, or certification in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Article, or any order issued hereunder, or who has falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this Article shall, upon conviction, be subject to a fine of not more than Two Thousand and 00/100s Dollars ($2,000.00)per violation,per day. 3) In determining the amount of any fine imposed hereunder, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, the knowledge, intent, negligence, or other state of mind of the violator, and any other factor as justice requires. Sec.42-126. Civil Suit under the Texas Water Code. Whenever it appears that a violation or threat of violation of any provision of Section 26.121 of the Texas Water Code, or any rule, permit, or order of the Texas Commission on Environmental Quality, has occurred or is occurring within the jurisdiction of the City, exclusive of its extraterritorial jurisdiction, the City, in the same manner as the Texas Commission on Environmental Quality, may have a suit instituted in a state district court through its City Ordinance No.2010-09 Storm Water Discharge Ordinance Page 21 566887-1 Attorney for the injunctive relief or civil penalties or both authorized in Sections 7.031 and 7.032 of the Texas Water Code, against the person who committed or is committing or threatening to commit the violation. This power is exercised pursuant to Section 7.351 of the Texas Water Code. In any suit brought by the City under this Section, the Texas Commission on Environmental Quality is a necessary and indispensable party. Sec. 42-127. Remedies Nonexclusive. The remedies provided for in this Article are not exclusive of any other remedies that the City may have under state or federal law or other City ordinances. The City may take any, all, or any combination of these actions against a person. The City is empowered to take more than one enforcement action against any person. These actions may be taken concurrently. Sec. 42-128. Performance and Maintenance Bonds. Prior to construction, the Director may, by written notice, order any Owner or Operator of a source of storm water discharge associated with construction or industrial activity to file a satisfactory performance and/or maintenance bond, payable to the City, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance with this Article, any order issued hereunder, any required Best Management Practice, and/or any SWPPP provision. The City may deny approval of any building permit, grading permit, subdivision plat, site development plan, or any other City permit or approval necessary to commence or continue construction or any industrial activity at the Site, or to assume occupancy, until such a performance and/or maintenance bond has been filed. Sec. 42-129. Liability Insurance. The Director may, by written notice, order any Owner or Operator of a source of storm water discharge associated with construction or industrial activity to submit proof that it has obtained liability insurance, or other financial assurance, in an amount greater than or equal to a value determined by the Director, that is sufficient to remediate, restore, and abate any damage to the MS4, the waters in the state, or any other aspect of the environment that is caused by the discharge." SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 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. Ordinance No.2010-09 Storm Water Discharge Ordinance Page 22 566887-1 SECTION 5: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND APPROVED on the day of , 2010. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary APPROVED AS TO FORM: CITY ATTORNEY Date(s) of Publication: , Wylie Enterprise Ordinance No.2010-09 Storm Water Discharge Ordinance Page 23 566887-1 Aft Our Mission... —� ...to be responsible stewards of the public trust, to strive for excellence in public service, and to CI TY O F VVY L,I E enhance the quality of HA?for all. December 29, 2009 BAYCO 640 S SANDEN WYLIE, TX 75098 Dear Business Owner, In accordance with the approved Storm Water Management Plan, the City of Wylie is required to develop a new ordinance that will help improve storm water quality and reduce storm water pollution in our City. This ordinance includes a Storm Water Illicit Discharge and Connection Ordinance. A preliminary "draft" ordinance was developed in FY2009. Before the proposed ordinance is revised further, citizens have the opportunity to submit their input on the preliminary draft ordinance. The preliminary draft ordinance for the City of Wylie may be viewed on the City's website at the link below. http://www.wylietexas.gov/departments/public works/stormwater.jsp Sincerely, Mike Sferra City of Wylie QQ‘Ik Director of Public Services www.wylietexas.gov 949 Hensley Lane,Wylie,Texas 75098 972-442-5338 '�$". ''^i.; ;r'r r`r• r4 ��,�, a+;4�� 'p `11 }�,,hftfv, ,. 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' r,r., ��e. r � :.0 "t4 s.^ux A tt14.4 '''',,' ,'' ',\'',, '' r'+,i f Ids' ,��u ....r " ' , c� � .w 41 Yi}*1'try4if f r a 1�� f #rz » , ^ ' ii ,L � tOW /Nko Nor I' s. "^ ; R��i' mIt,` uA . s £ f : ,,t ,, ,. . „W k y, PRy #.4 v' ' ' + .R „ " ts y#:' Q �i ao Jkv Qi , i .14„4,44.44441 �Y� . 44 1 ' f' 't•g H � C: 'rs ,t y, ' " ri. ^", 'a,: adga90, 444 ` � 4 f 44 VI � "444.4 } ^ 9. � � ;11111111 p,,. 444 g 4" N4' �� }s 7/I/1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 13, 2010 Item Number: 2. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: July 6, 2010 Budgeted Amount: Exhibits: Contracts Subject Consider, and act upon, authorizing the City Manager to execute agreements with Municipal Recovery Services to perform collection activities for the Municipal Court and Utility Services. Recommendation Motion authorizing the City Manager to execute agreements with Municipal Recovery Services to perform collection activities for the Municipal Court and Utility Services. Discussion Staff has consulted with and verified references on various firms regarding collection of outstanding warrants, citations, Capias and Pro Fines for Municipal Court and outstanding Utility Accounts and Telecommunications Receivables. Collections for Municipal Court are funded by an addition of a collection fee of 30% to any amount owed as provided by law. The City will be charged a 10% fee for collection of Utility Accounts and Telecommunications Receivables after payment of the account is received by the City. This represents the lowest cost to the City of all firms consulted. These contracts have been reviewed and approved "as to form"by the city attorney's office. Approved By Initial Date Department Director LB 7/6/10 City Manager Page 1 of 1 Attachment # 1 Municipal Recovery Services Services and Collection Agreement * i \ l (' II'.Al_ RL ('t)V" I�. IZI S [ RV1 ( l. S Services and Collection Agreement This Services and Collections Agreement (the"Agreement") is entered into on the first date appearing below by and between the City of Wylie, Texas ("Client"and/or the"City")and Municipal Recovery Services ("MRS"). WHEREAS. Client desires and has agreed to engage the services of MRS to perform collection activities for Client, including without limitation the collection of outstanding warrants, citations, Capias, and Pro Fines, as described in Section 3 of this Agreement("Collection Activities"); and WHEREAS MRS desires and has agreed to undertake such Collection Activities for the benefit of Client. WHEREFORE. PREMISES CONSIDERED, in consideration of the promises stated herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Client and MRS do mutually agree as follows. I. Findings Incorporated. The findings set forth above are incorporated into the body of this Agreement as if fully set forth herein. 2. Accounts. Client agrees to, periodically as necessary, forward to MRS all documents and account information ("Account') upon which MRS will perform Collection Activities, including among other things outstanding citations and/or warrants. No specific number of Accounts or dollar value of Accounts for collection will be transferred to MRS under this Agreement, and Client is not obligated, does not guarantee, and makes no representation that a minimum number or value for the Accounts will be transferred to MRS for Collection Activities. Nothing contained herein shall prevent Client from receiving the same services described in this Agreement from another service provider. 3. Collection Activities. MRS is an independent contractor under this Agreement, and, as such, is not intended to be or in any way considered to be an employee, agent, or representative of Client. MRS agrees to use their best efforts to collect monies due for each Account sent by Client. These efforts, at minimum, include, but are not limited to: a. skipping trace those accounts where it is determined a good address is not known: b. sending each debtor a minimum of four(4)written demands for payment of any Account; and c. contacting each Debtor by telephone in an effort to have the Debtor pay any fine and/or court costs due. MRS agrees to constantly monitor its employees to ensure all contacts or communications with Debtors are conducted in a polite, courteous, and helpful manner. To this end, MRS agrees to initiate all telephone calls between the hours of 8:00 am and 8:00 p.m., Monday through Friday, and 8:00 am and 2:00 pm on Saturdays. No Debtor will be contacted on Sundays. All communications between MRS and any Debtor shall be undertaken by telephone or by U.S. mail, and personal communications or contacts between MRS and Debtor are strictly prohibited under this Agreement. Services and Collections Agreement Page 1 575331-2 MRS further agrees, upon the request of any Debtor, to make or direct all communications with any Debtor during specified hours or to a specified location. MRS agrees to comply with all applicable state and federal laws regarding the collection of debt. MRS is authorized to arrange payment schedules with Debtors and to authorize partial payments, provided the entire amount to be paid by the Debtor equals the total of the fine and costs established by Client. MRS agrees that they will first request payment in full from each Debtor, and only when it appears a Debtor is unable to make the full payment will MRS negotiate a payment plan. In no case will MRS set payments at less than twenty dollars and no/100($20.00) per month. When a payment plan is established, MRS agrees to provide each Debtor with a schedule of their payments, payment coupons and envelopes addressed to the address specified by Client. MRS agrees to monitor each payment plan, and to telephone and write each Debtor who fails to comply with the plan. MRS will arrange for any payments on an Account to be sent directly by Debtor to Client. In the event a payment is sent to MRS, MRS agrees to promptly forward such payment to Client, and MRS is prohibited from and shall not deposit, endorse or otherwise negotiate any funds belonging to Client received from any Debtor. MRS agrees to provide Client with a written report on all Accounts sent to MRS for Collection Activities within seven days of receipt by MRS. MRS shall also provide Client with a monthly report on the status of Collection Activities on all pending Accounts received from Client. MRS further agrees to review with Client, as necessary and as required, the status of Collection Activities for any Account, including without limitation, to the following: a. responding to questions on specific Accounts; h. addressing claims that payment on an Account has previously been made; c. addressing a claim that the Debtor has served jail time for the related offense; d. addressing a claim that the Debtor is not the person whose identity is stated on an Account; or e. responding to any assertion that a specific case has been dismissed. Client shall have the right to examine and audit the books and records of MRS at any reasonable time. Such books and records shall be maintained by MRS in accordance with generally accepted principles of accounting and will be adequate to enable determination of (1) the substantiation and accuracy of any payments required to be made under this Agreement;and (2)compliance with the provisions of this Agreement. MRS agrees that any reports, data, documentation or other information given to, prepared by or reviewed by MRS or its employees and agents under or in connection with this Agreement shall be the proprietary, competitive, and confidential information of the City. MRS shall make every reasonable effort to maintain the confidentiality of such information and shall not sell, license, display, distribute, disclose or otherwise make available such information to any third party nor use such information except as authorized by this Agreement, upon written consent of City or unless authorized or required by law, court order, or pursuant to a subpoena; provided, however, that MRS may not release information pursuant to a subpoena without first providing the City notice of the subpoena and a opportunity to contest(at the City's sole expense) the release of the information. 4. Insurance. (I) MRS shall secure and maintain throughout the duration of the contract and any renewals, the insurance coverage required in this section to protect MRS and the City from claims for damage and personal injury including death, as well as claims for property damage which may arise from MRS's operations under this contract. (2) The form and limits of such insurance, together with the underwriter thereof in each case, shall be acceptable to the City. Regardless of such acceptance, it shall be the responsibility of MRS to maintain adequate insurance coverage at all times. Failure of MRS to maintain adequate coverage shall not relieve MRS of any contractual responsibility or obligation. If for any reason, any of the required insurance should be canceled, MRS shall renew it in such a Services and Collections Agreement Page 2 575331-2 manner that continuous and adequate insurance be maintained at all times. (2) MRS shall furnish the City's Revenue Collections Division with satisfactory certificates of insurance covering the work as required in these specifications as evidence that the policies of insurance required herein will be maintained in force for the duration of the work performed under the contract. The certificates shall state that a thirty (30) day- advance notice will be given to the City before any policy covered thereby is changed or canceled. (3) All required certificates of insurance coverage shall be tendered before any accounts may be forwarded to MRS. (4) MRS's insurance company must be licensed to engage in the business of insurance in the State of Texas. (5) The amount of such insurance shall be as follows: a. Public Liability Insurance in an amount not less than five hundred thousand dollars and zero cents ($500,000.00) for injuries, including death, to any one person and subject to the same limit for each person in an amount not less than one million dollars and zero cents($1,000,000.00)on an account of one occurrence; b. Property Damage Insurance in an amount not less than one hundred thousand dollars and zero cents ($100,000.00) for each occurrence and three hundred thousand dollars and zero cents ($300,000.00) for the aggregate of operations; c. Workers' Compensation with statutory limits covering all MRS employees working under this Agreement. The policy shall protect MRS against all claims under applicable state workers' compensation laws. d. Employer Liability Insurance in an amount of one hundred thousand dollars and zero cents ($100,000.00) per occurrence during the term(s) of this Agreement. This policy shall protect MRS against claims for injury, disease, or death of employees that, for any reason, may not fall within the provisions of a workers' compensation law. The policy shall include an "all states"endorsement; and e. Commercial Crime Insurance with limits of the average monthly collections over a six (6) month period with a minimum amount of one hundred thousand dollars and zero cents ($100,000.00) covering employee dishonesty, theft, disappearance and destruction, premises burglary, computer fraud, robbery, or safe burglary of monies or securities. 5. Procedure, as amended (effective June 18, 2003), Client will add Thirty percent(30%) to any amount owed on an Account, as provided by law, as a collection fee (the "Collection Fee"). Collection Fee. Pursuant to Article 103.0031 of the Texas Code of Criminal Client agrees that MRS, for its Collection Activities, will be paid the Collection Fee on each and every Account for which payment is received by Client. MRS agrees to invoice Client on or about the fifth (5th) day of each month for the previous months collections, which is due and payable within thirty(30)days of receipt by Client. MRS agrees that the Collection Fee will be paid only on those accounts upon which MRS's Collection Activities lead to payment by the Debtor. MRS further agrees that no Collection Fee is due and owing by Client if the Debtor pays the account in full prior to being contacted by MRS, the case is dismissed by the court for whatever reason, or the Debtor is arrested. MRS shall be solely responsible for payment of all expenses incurred in performing its Collection Activities under this Agreement, including without limitation labor, postage,telephone,and skip tracing charges. 6. Other Provisions. Client may withdraw any Account at any time from MRS, without justification or recourse to MRS. Both Client and MRS may, upon receipt of thirty (30) days prior written notice to the other, terminate this Agreement for its convenience and without cause. In the event of such termination. MRS agrees to return all Accounts, Services and Collections Agreement Page 3 575331-2 and any relevant information regarding its Collection Activities in connection therewith, to Client at the end of such thirty (30)-day period as stated in the notice, and Client agrees that MRS will be paid any Collection Fee earned under the terms of this Agreement up to and including the expiration of thirty (30)days following such notice. Neither party shall assign any right or obligation under this Agreement without written consent of the other. This Agreement shall be governed by the law of the State of Texas and, venue shall be in Collin County, Texas. Any Written notice shall be deemed to have been duly served if delivered to the addresses set forth on the last page of this Agreement, in person to the individual for whom it was intended, or if delivered by certified mail, return receipt requested or by facsimile or overnight courier service with proof of delivery. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original of this Agreement and all of which shall constitute one(I)Agreement. If any term or provision of this Agreement, or the application thereof to any person or circumstance, shall be invalid or unenforceable under applicable law to any extent, such term or provision shall be deemed severable from this Agreement and the remainder of this Agreement shall not he affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 7. Compliance with Laws. MRS shall comply with all federal, state and local laws. statutes. ordinances. rules and regulations, and the orders and decrees of any courts, administrative,or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, MRS shall furnish the City with satisfactory proof of compliance. 8. Indemnification. MRS SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, CLAIMS RELATED TO UTILITY COLLECTION SERVICES, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF MRS, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR ANY OTHER THIRD PARTIES THAT ARISE OUT OF OR ARE RELATED TO THE AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENTNEGLIGENCE OR STRICT LIABILITY OF THE CITY (HEREINAFTER "CLAIMS"). MRS IS EXPRESSLY REQUIRED TO DEFEND THE CITY AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, THE CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY MRS IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY THE CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY THE CITY IN WRITING. THE CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, THE CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY THE CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CITY'S OBLIGATION TO DEFEND THE CITY OR AS A WAIVER OF CITY'S OBLIGATION TO INDEMNIFY THE CITY PURSUANT TO THIS AGREEMENT. MRS SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF THE CITY'S WRITTEN NOTICE THAT THE CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF MRS FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, THE CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND MRS SHALL BE Services and Collections Agreement Page 4 575331-2 LIABLE FOR ALL COSTS INCURRED BY THE CITY. THE RIGHTS AND OBLIGATIONS CREATED BY THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 9. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance of the Agreement. 10. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. 11. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. 12. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. This Agreement entered into as of the day and year first written below. By: Printed Name: Client Name: Title: Date: / By: Printed Name: Mark Nieto Client Name: Municipal Recovery Services Title: President Date: Principal Offices: Municipal Recovery Services Corporation 17768 Preston Rd.Suite 205 Dallas,Texas 75252 Phone 1-866-403-1312 City of Wylie,Texas do Mindy Manson,City Manager 2000 Hwy.78N Wylie,Texas 75098 Phone(972)442-8103 Services and Collections Agreement Page 5 575331-2 Attachment #2 Municipal Recovery Services Utility Services and Collection Agreement N1 t NI ('ll':AI_ RL:(.'Uvl:kY SLRVl (.• LN Utility Services and Collection Agreement This Utility Services and Collections Agreement(the"Agreement") is entered into on the first date appearing below by and between the City of Wylie, Texas ("Client"and/or the"City")and Municipal Recovery Services ("MRS"). WHEREAS, Client desires and has agreed to engage the services of MRS to perform collection activities for Client, including without limitation the collection of outstanding Utility Accounts and Telecommunications Receivables, as described in Section 3 of this Agreement("Collection Activities"); and WHEREAS MRS desires and has agreed to undertake such Collection Activities for the benefit of Client. WHEREFORE, PREMISES CONSIDERED, in consideration of the promises stated herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Client and MRS do mutually agree as follows. l. Findings Incorporated. The findings set forth above are incorporated into the body of this Agreement as if fully set forth herein. 2. Accounts. Client agrees to, periodically as necessary, forward to MRS all documents and account information ("Account") upon which MRS will perform Collection Activities, including among other things outstanding utility accounts. No specific number of Accounts or dollar value of Accounts for collection will he transferred to MRS under this Agreement, and Client is not obligated, does not guarantee,and makes no representation that a minimum number or value for the Accounts will be transferred to MRS for Collection Activities. Nothing contained herein shall prevent Client from receiving the same services described in this Agreement from another service provider. 3. Collection Activities. MRS is an independent contractor under this Agreement, and, as such, is not intended to be or in any way considered to be an employee, agent,or representative of Client. MRS agrees to use their best efforts to collect monies due for each Account sent by Client. These efforts, at minimum, include but are not limited to: a. skipping trace those accounts where it is determined a good address is not known; b. sending each debtor a minimum of four(4)written demands for payment of any Account;and c. contacting each Debtor by telephone in an effort to have the Debtor pay any fine and/or court costs due. MRS agrees to constantly monitor its employees to ensure all contacts or communications with Debtors are conducted in a polite, courteous, and helpful manner. To this end, MRS agrees to initiate all telephone calls between the hours of 8:00 am and 8:00 p.m., Monday through Friday, and 8:00 am and 2:00 pm on Saturdays. No Debtor will be contacted on Sundays. All communications between MRS and any Debtor shall be undertaken by telephone or by U.S. mail, and personal communications or contacts between MRS and Debtor are strictly prohibited under this Agreement. Utility Services and Collections Agreement Page 1 575338.v2 MRS further agrees. upon the request of any Debtor, to make or direct all communications with any Debtor during specified hours or to a specified location. MRS is authorized to arrange payment schedules with Debtors and to authorize partial payments, provided the entire amount to be paid by the Debtor equals the total of the fine and costs established by Client. MRS agrees that they will first request payment in full from each Debtor. and only when it appears a Debtor is unable to make the full payment will MRS negotiate a payment plan. In no case will MRS set payments at less than twenty dollars and no/100($20.00) per month. When a payment plan is established, MRS agrees to provide each Debtor with a schedule of their payments, payment coupons and envelopes addressed to the address specified by Client. MRS agrees to monitor each payment plan, and to telephone and write each Debtor who fails to comply with the plan. MRS will arrange for any payments on an Account to be sent directly by Debtor to Client. In the event a payment is sent to MRS, MRS agrees to promptly forward such payment to Client, and MRS is prohibited from and shall not deposit, endorse or otherwise negotiate any funds belonging to Client received from any Debtor. MRS agrees to provide Client with a written report on all Accounts sent to MRS for Collection Activities within seven days of receipt by MRS. MRS shall also provide Client with a monthly report on the status of Collection Activities on all pending Accounts received from Client. MRS further agrees to review with Client, as necessary and as required, the status of Collection Activities for any Account, including without limitation, to the following: a. responding to questions on specific Accounts; b. addressing claims that payment on an Account has previously been made; c. addressing a claim that the Debtor has served jail time for the related offense; d. addressing a claim that the Debtor is not the person who's identity is stated on an Account; or e. responding to any assertion that a specific case has been dismissed. Client shall have the right to examine and audit the hooks and records of MRS at any reasonable time. Such books and records shall be maintained by MRS in accordance with generally accepted principles of accounting and will be adequate to enable determination of: (i) the substantiation and accuracy of any payments required to be made under this Agreement;and (2)compliance with the provisions of this Agreement. MRS agrees that any reports, data, documentation or other information given to, prepared by or reviewed by MRS or its employees and agents under or in connection with this Agreement shall be the proprietary, competitive, and confidential information of the City. MRS shall make every reasonable effort to maintain the confidentiality of such information and shall not sell, license, display. distribute, disclose or otherwise make available such information to any third party nor use such information except as authorized by this Agreement, upon written consent of City or unless authorized or required by law, court order, or pursuant to a subpoena; provided, however, that MRS may not release information pursuant to a subpoena without first providing the City notice of the subpoena and a opportunity to contest (at the City's sole expense)the release of the information. 4. Insurance. (i) MRS shall secure and maintain throughout the duration of the contract and any renewals, the insurance coverage required in this section to protect MRS and the City from claims for damage and personal injury including death,as well as claims for property damage which may arise from MRS's operations under this contract. (2) The form and limits of such insurance, together with the underwriter thereof in each case, shall be acceptable to the City. Regardless of such acceptance, it shall be the responsibility of MRS to maintain adequate insurance coverage at all times. Failure of MRS to maintain adequate coverage shall not relieve MRS of any contractual responsibility or obligation. If for any reason, any of the required insurance should be canceled, MRS shall renew it in such a manner that continuous and adequate insurance be maintained at all times. Utility Services and Collections Agreement Page 2 575338.v2 (2) MRS shall furnish the City's Revenue Collections Division with satisfactory certificates of' insurance covering the work as required in these specifications as evidence that the policies of insurance required herein will be maintained in force for the duration of the work performed under the contract. The certificates shall state that a thirty (30)day-advance notice will be given to the City before any policy covered thereby is changed or canceled. (3) All required certificates of insurance coverage shall be tendered before any accounts may he forwarded to MRS. (4) MRS's insurance company must be licensed to engage in the business of insurance in the State of Texas. (5) The amount of such insurance shall be as follows: a. Public Liability Insurance in an amount not less than five hundred thousand dollars and zero cents ($500,000.00) for injuries, including death, to any one person and subject to the same limit for each person in an amount not less than one million dollars and zero cents($1,000,000.00)on an account of one occurrence; b. Property Damage Insurance in an amount not less than one hundred thousand dollars and zero cents ($100,000.00) for each occurrence and three hundred thousand dollars and zero cents ($300,000.00) for the aggregate of operations: c. Workers' Compensation with statutory limits covering all MRS employees working under this Agreement. The policy shall protect MRS against all claims under applicable state workers' compensation laws. d. Employer Liability Insurance in an amount of one hundred thousand dollars and zero cents ($100,000.00) per occurrence during the term(s) of this Agreement. This policy shall protect MRS against claims for injury, disease, or death of employees that, for any reason, may not fall within the provisions of a workers' compensation law. The policy shall include an"all states"endorsement: and e. Commercial Crime Insurance with limits of the average monthly collections over a six (6) month period with a minimum amount of one hundred thousand dollars and zero cents ($100,000.00) covering employee dishonesty, theft, disappearance and destruction, premises burglary, computer fraud, robbery, or sate burglary of monies or securities. 5. Collection Fee. Client will be charged a Ten percent (10%) collection fee to any amount owed on an Account. as provided by law, as a collection fee (the "Collection Fee"). Client agrees that MRS. for its Collection Activities, will be paid the Collection Fee on each and every Account for which payment is received by Client. MRS agrees to invoice Client on or about the fifth (5th)day of each month for the previous months' collections, which is due and payable within thirty (30)days of receipt by Client. MRS agrees that the Collection Fee will be paid only on those accounts upon which MRS's Collection Activities lead to payment by the Debtor. MRS further agrees that no Collection Fee is due and owing by Client if the Debtor pays the account in full prior to being contacted by MRS, the case is dismissed by the court for whatever reason, or the Debtor is arrested. MRS shall be solely responsible for payment of all expenses incurred in performing its Collection Activities under this Agreement, including without limitation labor, postage, telephone, and skip tracing charges. 6. Other Provisions. Client may withdraw any Account at any time from MRS. without justification or recourse to MRS. Both Client and MRS may, upon receipt of thirty (30) days prior written notice to the other, terminate this Agreement for its convenience and without cause. In the event of such termination. MRS agrees to return all Accounts, Utility Services and Collections Agreement Page 3 575338.v2 and any relevant information regarding its Collection Activities in connection therewith, to Client at the end of such thirty (30)-day period as stated in the notice, and Client agrees that MRS will be paid any Collection Fee earned under the terms of this Agreement up to and including the expiration of thirty (30)days following such notice. Neither party shall assign any right or obligation under this Agreement without written consent of the other. This Agreement shall be governed by the law of the State of Texas and place of performance shall be the County in which Client is located.venue shall be the in Collin County,Texas. Any Written notice shall be deemed to have been duly served if delivered to the addresses set forth on the last page of this Agreement, in person to the individual for whom it was intended, or if delivered by certified mail, return receipt requested or by facsimile or overnight courier service with proof of delivery. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original of this Agreement and all of which shall constitute one(1) Agreement. If any term or provision of this Agreement, or the application thereof to any person or circumstance, shall be invalid or unenforceable under applicable law to any extent, such term or provision shall be deemed severable from this Agreement and the remainder of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 7 Compliance with Laws. MRS shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations. and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, MRS shall furnish the City with satisfactory proof of compliance. 8. Indemnification. MRS SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, CLAIMS RELATED TO UTILITY COLLECTION SERVICES, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF MRS, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR ANY OTHER THIRD PARTIES THAT ARISE OUT OF OR ARE RELATED TO THE AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE CITY (HEREINAFTER "CLAIMS"). MRS IS EXPRESSLY REQUIRED TO DEFEND THE CITY AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, THE CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY MRS IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY THE CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY THE CITY IN WRITING. THE CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, THE CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY THE CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CITY'S OBLIGATION TO DEFEND THE CITY OR AS A WAIVER OF CITY'S OBLIGATION TO INDEMNIFY THE CITY PURSUANT TO THIS AGREEMENT. MRS SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF THE CITY'S WRITTEN NOTICE THAT THE CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF MRS FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, THE CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND MRS SHALL BE LIABLE FOR ALL COSTS INCURRED BY THE CITY. THE RIGHTS AND OBLIGATIONS CREATED BY Utility Services and Collections Agreement Page 4 575338.v2 THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 9. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance of the Agreement. 10. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. 11. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. 12. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. This Agreement entered into as of the day and year first written below. By: Printed Name: Client Name: Title: Date: /�� By__��6`�b",�I ` Printed Name Mark Nieto Client Name: Municipal Recovery Services Title: President Date: Principal Offices: Municipal Recovery Services Corporation 17768 Preston Rd.Suite 205 Dallas,Texas 75252 Phone 1-866-403-1312 City of Wylie,Texas do Mindy Manson,City Manager 2000 Hwy.78N Wylie,Texas 75098 Phone(972)442-8103 Utility Services and Collections Agreement Page 5 575338.v2 id! Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 13, 2010 Item Number: 3. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: July 6, 2010 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, authorizing the City Manager to execute the engagement letter with Weaver and Tidwell, L.L.P. for Fiscal Year 2009-2010 audit services for a fee not to exceed $55,000. Recommendation Motion authorizing the City Manager to execute the engagement letter with Weaver and Tidwell, L.L.P. for Fiscal Year 2009-2010 audit services for a fee not to exceed$55,000. Discussion As required by City Charter, the City Council shall cause an independent audit to be performed by a certified public accountant on all City accounts at the close of each fiscal year. Weaver and Tidwell, L.L.P has performed the annual audit for the City for the past two years and has submitted their engagement letter for audit services for Fiscal Year 2009-2010. The proposed fee of$55,000 represents an increase from $53,000 in Fiscal Year 2008-2009. Approved By Initial Date Department Director LB 7/6/10 City Manager Page 1 of 1 weaver.- June 15, 2010 City of Wylie 2000 Hwy 78 North Wylie, TX 75098 We are pleased to confirm our understanding of the services we are to provide for the City of Wylie (the City)for the fiscal year ended September 30, 2010. We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements, of the City of Wylie as of and for the year ended September 30, 2010. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A) to accompany City of Wylie's basic financial statements. As part of our engagement, we will apply certain limited procedures to City of Wylie's RSI. These limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis. 2) Budgetary Comparison Schedules. Supplementary information other than RSI also accompanies the City's basic financial statements. The combining and individual fund financial statements and schedules will be subjected to the auditing procedures applied in our audit of the basic financial statements and will provide an opinion on it in relation to the basic financial statements. The following additional information accompanying the basic financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion. 1) Introductory Section. 2) Statistical Section. AN INDEPENDENT WEAVER AND TIDWELL LIP DALLAS MEMBER 01 SAPLR IILL't CERflHED PU3LICACCOUN AN-SAND t JNSUE1ANi 122:1 MER DRIV_.SL L L 14,1u.UALLAS.Tx;?'NB1 INTERNATIONAL ir`;"a r t'It^ L y ; T9G IU7U 107 t 7Cr B:+:' City of Wylie June 15, 2010 Page 2 Audit Objectives The objective of our audit is the expression of opinions about whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the third paragraph when considered in relation to the basic financial statements taken as a whole. Our audit will be conducted in accordance with generally accepted auditing standards established by the Auditing Standards Board(United States) and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the City's accounting records and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report(that does not include an opinion) on internal control related to the financial statements and compliance with laws,regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Governmental Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity,and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement,we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Governmental Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will assist with the preparation of your financial statements and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. City of Wylie June 15, 2010 Page 3 Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any non-audit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities,the business-type activities,the aggregate discretely presented component units,each major fund, and the aggregate remaining fund information of the City and the respective changes in financial position and cash flows,where applicable, in conformity with U.S. generally accepted accounting principles. Management is responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate,to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud,and for informing us about all known or suspected fraud affecting the City involving (a)management, (b)employees who have significant roles in internal control,and(c)others where the fraud could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud affecting the City received in communications from employees, former employees, grantors, regulators, or others. In addition,you are responsible for identifying and ensuring that the City complies with applicable laws,regulations, contracts, agreements and grants and for taking timely and appropriate steps to remedy any fraud, illegal acts,violations of contracts or grant agreements or abuse that we may report. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles.You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to present the supplementary information with the audited financial statements or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. City of Wylie June 15, 2010 Page 4 Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements,performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendation resulting from those audits,attestation engagements,performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report,and for the timing and format for providing that information. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than an absolute assurance about whether the financial statements are free of material misstatement, whether from (a)errors, (b) fraudulent financial reporting, (c) misappropriation of assets, or(d)violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors that come to our attention, and we will inform you of any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of certain assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. City of Wylie June 15, 2010 Page 5 Audit Procedures-Internal Control Our audit will include obtaining an understanding of the City and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other non-compliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies in internal control. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures- Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However,the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in or report on compliance issued pursuant to Government Auditing Standards. Audit Administration,Fees,and Other The assistance to be supplied by your personnel, including the preparation of schedules and analyses of accounts,will be discussed with you. In addition, we understand that your employees will prepare all cash, accounts receivable, and other confirmations we request and will locate any documents selected by us for testing. The timely completion of this work will help us complete our audit on a timely basis. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspections. The audit documentation for this engagement is the property of Weaver and Tidwll, L.LP. and constitutes confidential information. City of Wylie June 15, 2010 Page 6 However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a federal agency providing direct or indirect funding, or the U.S Government Accountability Office for purposes of a quality review of the audit,to resolve audit findings, or to carry out oversight responsibilities. We wil notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Weaver and Tidwell, L.L.P. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide,to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the City. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit findings for guidance prior to destroying the audit documentation. During the course of our engagement,we will request information and explanations from management regarding the City's operations, internal controls, future plans, specific transactions and accounting systems and procedures. At the conclusion of our engagement,we will require, as a precondition to the issuance of our report,that management provide certain representations in a written representation letter. The City agrees that as a condition of our engagement to perform an audit,that management will,to the best of its knowledge and belief,be truthful, accurate and complete in all representations made to us during the course of the audit and in the written representation letter. The procedures we perform in our engagement and the conclusions we reach as a basis for our report will be heavily influenced by the written and oral representations that we receive from management. False or misleading representations could cause us to expend unnecessary efforts in the audit; or,worse,could cause a material error or a fraud to go undetected by our procedures. Thus,the City agrees that we will not be liable for any damages or otherwise responsible for any misstatements in the City's financial statements that we may fail to detect as a result of false or misleading representations that are made to us by management.Moreover,the City agrees to indemnify and hold us harmless from any claims and liabilities, including reasonable attorneys' fees, expert fees and costs of investigation and defense, arising out of or related to this engagement if false or misleading representations are made to us by any member of the City's management. Both of us agree that any dispute between you and Weaver and Tidwell,L.L.P., arising from the engagement,this agreement, or the breach of it,may, if negotiations and other discussion fail,be first submitted to mediation in accordance with the provisions of the Commercial Mediation Rules of the American Arbitration Association(AAA)then in effect. Both of us agree to conduct any mediation in good faith and make reasonable efforts to resolve any dispute by mediation. City of Wylie June 15, 2010 Page 7 Mediation is not a pre-condition to the arbitration provided for below and the failure or refusal by either party to request or participate in mediation shall not preclude the right of either party to initiate arbitration. We agree to conduct the mediation in Dallas, Texas, or another mutually agreed upon location. Both of us agree that any dispute arising from the engagement,this agreement or the breach of it shall be subject to binding arbitration under the provisions of the Federal Arbitration Act(9 U.S.C. § 1, et seq.)and of the Dispute Resolution Rules for Professional Accounting and Related Services Disputes of the AAA(the Rules), and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitration shall be heard before one or more arbitrators selected in accordance with the Rules. The parties agree to conduct the arbitration in Dallas,Texas,or another mutually agreed upon location. The arbitrator may only award direct damages and may not award consequential, exemplary, or punitive damages. The prevailing party in any arbitration or litigation shall be entitled to recover from the other party reasonable attorneys' and expert witness fees, court costs, and the administrative costs, arbitrator's fees, and expenses of the AAA incurred in the arbitration or litigation in addition to any other relief that may be awarded. Notwithstanding the provisions of the immediately preceding paragraph,neither of us shall be compelled to arbitrate any dispute between us which arises out of any claim asserted against either of us by a third party, unless the third party(whether one or more)agrees to join the arbitration or can be compelled to join it. If any term of this engagement letter is declared illegal, unenforceable,or unconscionable,that term shall be severed and the remaining terms of the engagement letter shall remain in force. Both of us agree that the arbitrator(s)or Court,as the case may be, should modify any term declared to be illegal,unenforceable,or unconscionable in a manner that will retain the intended term as closely as possible. If a dispute arising from the engagement or from this agreement or any term of it or any alleged breach of it is submitted to a Court for interpretation or adjudication,both of us irrevocably waive right to trial by jury and agree that the provisions of this engagement letter regarding damages, attorneys' fees, and expenses shall be applied and enforced by the Court. In the unlikely event that circumstances occur which we in our sole discretion believe could create a conflict with either the ethical standards of our firm or the ethical standards of our profession in continuing our engagement,we may suspend our services until a satisfactory resolution can be achieved or we may resign from the engagement. We will notify you of such conflict as soon as practicable,and will discuss with you any possible means of resolving them prior to suspending our services. City of Wylie June 15, 2010 Page 8 Mr.Jerry Gaither is the engagement partner and is responsible for supervising the engagement and signing the report on behalf of Weaver and Tidwell, L.L.P. Our fees for these services will be at our standard hourly rates plus out-of-pocket costs (such as report production,word processing,postage,travel, copies,telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $55,000. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary we will discuss the reasons with you and arrive at a new fee estimate before we incur additional costs. Fees for our services will be invoiced each month as work progresses and are due upon receipt of our invoice. In accordance with our firm policies,work may be suspended if your account becomes 90 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination,even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. Our fee is based on the complexity of the work to be performed and the tasks required. Fees for our services are due upon receipt of our invoice. For bills not paid within 60-days of the billing date, a late charge will be added to the outstanding balance. The late charge will be calculated using the then current"prime rate"charged commercial customers by Bank of America,up to a maximum annual percentage rate of 10%. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment,and any subsequent peer review reports and letters of comment received during the period of contract. Our 2007 peer review report accompanies this letter. If you intend to publish or otherwise reproduce the financial statements and make reference to our firm name, you agree to provide us with a copy of the final reproduced material for our approval before it is distributed. City of Wylie June 15, 2010 Page 9 We appreciate the opportunity to be of service to you and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter,please sign the enclosed copy and return it to us. Yours truly, WEAVER AND TIDWELL, L.L.P. JLG:res RESPONSE: This letter correctly sets forth the understanding of the City of Wylie. Officer signature Title Date SPOKANE OTHELLO BOISE QUINCY • COLFAX TRI-CITIES . D GRANDVIEW WALLA WALLA MOSES LAKE WENATCHEE OMAK YAKIMA LEMAS ER& 11ANlEl S Pills ACCOUNTING To the Partners of Weaver and Tidwell,LLP AND and the Center for Public Company Audit Firms Peer Review Committee CONSULTING We have reviewed the system of quality control for the accounting and auditing practice of Weaver SERVICES and Tidwell,LLP(the firm)applicable to non-SEC issuers in effect for the year ended May 31,2007, The firm's accounting and auditing practice applicable to SEC issuers was not reviewed by us since the Public Company Accounting Oversight Board(PCAOB)is responsible for inspecting that portion of the firm's accounting and auditing practice in accordance with PCAOB requirements. A system of quality control encompasses the firm's organizational structure and the policies adopted and MEMBER OF procedures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in the Statements on Quality Control THE Standards issued by the American Institute of Certified Public Accountants(the AICPA). The design of the system,and compliance with it,are the responsibilities of the firm. Our responsibility is to McGLADREY express an opinion on the design of the system,and the firm's compliance with that system based on our review. NETWORK Our review was conducted in accordance with standards established by the Peer Review Committee of the Center for Public Company Audit Firms and included procedures to plan and perform the review that are summarized in the attached description of the peer review process. Our review would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it since it was based on selective tests. Because there are inherent limitations in the effectiveness of any system of quality control,departures from the system may occur and not be detected. Also,projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions,or that the degree of compliance with the policies or procedures may deteriorate. In our opinion,the system of quality control for the accounting and auditing practice applicable to the non-SEC issuers of Weaver and Tidwell,LLP in effect for the year ended May 31,2007,has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA,and was complied with during the year then ended to provide the firm with reasonable assurance of complying with applicable professional standards. 1 Spokane,Washington September 27,2007 Attachment to the Peer Review Report of Weaver and Tidwell, LLP Description of the Peer Review Process Overview Firms enrolled in the AICPA Center for Public Company Audit Firms(the Center)Peer Review Program have their system of quality control periodically reviewed by independent peers. These reviews are system and compliance oriented with the objectives of evaluating whether: The reviewed firm's system of quality control for its accounting and auditing practice applicable to non-SEC issuers has been designed to meet the requirements of the Quality Control Standards established by the AICPA. The reviewed firm's quality control policies and procedures applicable to non-SEC issuers were being complied with to provide the firm with reasonable assurance of complying with professional standards. A peer review is based on selective tests and directed at assessing whether the design of and compliance with the firm's system of quality control for its accounting and auditing practice applicable to non-SEC issuers provides the firm with reasonable,not absolute,assurance of complying with professional standards. Consequently a peer review on the firm's system of quality control is not intended to,and does not,provide assurance with respect to any individual engagement conducted by the firm or that none of the financial statements audited by the firm should be restated. The Center's Peer Review Committee(PRC)establishes and maintains peer review standards. At regular meetings and through report evaluation task forces,the PRC considers each peer review, evaluates the reviewer's competence and performance,and examines every report,letter of comments, and accompanying response from the reviewed firm that states its corrective action plan before the peer review is finalized. The Center's staff plays a key role in overseeing the performance of peer reviews working closely with the peer review teams and the PRC. Once the PRC accepts the peer review reports, letters of comments, and reviewed firms'responses,these documents are maintained in a file available to the public. In some situations,the public file also includes a signed undertaking by the firm agreeing to specific follow-up action requested by the PRC. Firms that perform audits or play a substantial role in the audit of one or more SEC issuers, as defined by the Public Company Accounting Oversight Board(PCAOB), are required to be registered with and have their accounting and auditing practice applicable to SEC issuers inspected by the PCAOB. Therefore,we did not review the firm's accounting and auditing practice applicable to SEC issuers. • Page 2 Planning the Review for the Firm's Accounting and Auditing Practice Applicable to Non-SEC Issuers • To plan the review of Weaver and Tidwell,LLP,we obtained an understanding of(1)the nature and extent of the firm's accounting and auditing practice,and(2)the design of the firm's system of quality control sufficient to assess the inherent and control risks implicit in its practice. Inherent risks were assessed by obtaining an understanding of the firm's practice,such as the industries of its clients and other factors of complexity in serving those clients,and the organization of the firm's personnel into practice units. Control risks were assessed by obtaining an understanding of the design of the firm's system of quality control,including its audit methodology,and monitoring procedures. Assessing control risk is the process of evaluating the effectiveness of the reviewed firm's system of quality control in preventing the performance of engagements that do not comply with professional standards. Performing the Review for the Firm's Accounting and Auditing Practice Applicable to Non-SEC Issuers Based on our assessment of the combined level of inherent and control risks,we identified practice units and selected engagements within those units to test for compliance with the firm's system of quality control. The engagements selected for review included engagements performed under the Government Auditing Standards and audits of Employee Benefit Plans. The engagements selected for review represented a cross-section of the firm's accounting and auditing practice with emphasis on higher-risk engagements. The engagement reviews included examining working paper files and reports and interviewing engagement personnel. The scope of the peer review also included examining selected administrative and personnel files to determine compliance with the firm's policies and procedures for the elements of quality control pertaining to independence,integrity,and objectivity;personnel management;and acceptance and continuance of clients and engagements. Prior to concluding the review,we reassessed the adequacy of scope and conducted a meeting with firm management to discuss our findings and recommendations.