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10-26-2004 (City Council) Agenda Packet
NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA OCTOBER 26, 2004 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 'ROLL, A' iONS&P A O.N ............ ;:::: • Unveiling of Star Tree"2004 Reach For A Star Program" Invite Council and Staff to "Reach for the First Stars" (C. Ehrlich &A.Nemer) • Rotary Club presentation of a donation to the"Reach for a Star Program". (Rotary President J.Butters) P ENS PARTI .PATI ... <:vsrslltie'': na e::e r e:>routinb:;:ti1 i..::c.gwo imct:::::.�:::::: .:::::::: .::y:o.:o rill:::. ers:lasted: er:tb�< sent�..........:�..... :d�t�d:t�:�:::::::.::.::.........�.:::: :::: .:::::: : ......:.: :::.:::: .:: :.:::::,:.::::::::::.. tom::.::: ::.:::::::: ..:.:.:............................. :::: :.::......::..................::::: .................... :::::::.:. .....................: :. ..:::. si r c::is::xi .n >that ite ri will be removed:frc ►e >::::>:: ...:::. ::;:. ..t>;be::s ciiscussY�sn::: :these::[ens::�f:ehss......:::::::::::�$::::::::t.:::::.::.:......,:::::::::::::::::: ::::::::::: ::..:..... el��`;> > ><'coign itom >'> [> »`<> ><><<> <:<:<::>iE s:::<i0E.:•i.i'i::>:::<:< ::<;:aqi.:i<>im tt:� .....:...:Ltdbe:cnnstre�<separat.::3�:::::::::.::: ::.::: : :.............. ................................... ..... ....................... ................ ................................ .. A. Approval of the Minutes from the regular City Council Meeting of October 12, 2004. (C. Ehrlich, City Secretary) B. Consider and act upon the appointment of Mayor John Mondy to serve as an Executive Board Member to the Dallas Mobility Coalition(DRMC) from October 1,2004 through December 31, 2005. (M.Roath, City Manager) C. Consider and act upon authorizing the City Manager to execute a contract between The City of Wylie and The Library Corporation for the Library Automation System. (M. Morse,Library Director) D. Consider and act upon a Preliminary Plat for the Rubalcava Industrial Park Addition. (C. Thompson,Planning&Zoning Director) E. Consider and act upon a proposal from The Wallace Group, Inc. in the amount of $12,000 for the development of base maps and GIS data. (C. Hoisted, City Engineer) F. Consider and act upon the acceptance of auditing services, not to exceed $31,050.,for the year ending September 30, 2004 by the accounting firm of Rutledge Crain & Company, PC. (R. Hutchison, Interim Finance Director) ... ................ 1. Consider and act upon a change in zoning from Agriculture(A) and Neighborhood Services (NS)to Planned Development (PD) District for residential uses of varied densities, tabled from September 28,2004.(Zoning Case No. 2004-19) (C. Thompson,Planning&Zoning Director) Executive Summary A Public Hearing was convened and closed on September 28, 2004. Council may, at their discretion reopen hearing to receive public comments. The subject property was annexed September 28, 2004. No written responses from within Wylie,but 2 written responses against from properties within unincorporated County,requires simple majority to approve. Planning and Zoning Commission voted 5 — 1 to recommend approval with stipulations (incorporated into current report and attachments)on July 7,2004. Staff recommends denial for noncompliance to Comprehensive Plan 2. Review and Accept Amendments to the City of Wylie Library Advisory Board Bylaws. (M. Morse, Library Director) Executive Summary Attached is a copy of the bylaws that were approved by the Library Advisory Board on October 11,2004. The changes are bolded in the proposed bylaws and listed below: Article III., Section 1. The officers will be chairperson and vice-chairperson. The position of secretary was deleted since staff serves as a secretary. Article VI Section 1 Board member shall be sworn in within 15 days of appointment or considered resigned. Article VII Section 1 Bylaw changes will be distributed to board members 72 hours in advance rather than 10 days in advance. The Library Board recommends adopting changes to the bylaws. 3. Consider and Act upon filling the position of Library Board Member to replace Lexie Campbell for the unexpired term of June 2004 to June 2006. M.Morse,Library Director) Executive Summary Council appointed Lexie Campbell to the Library Advisory Board on June 22,2004. Ms. Campbell has not been sworn as a Library Advisory Board Member, and she has missed two meetings. Based on this,the Library Director sent a letter on September 24,2004,to request that she notify staff within five(5)business days if she wanted to be sworn in and become a board member. To date, Ms. Campbell has not notified staff to make arrangements to be sworn in nor has she communicated to staff regarding the two meetings that were missed. Staff recommends the appointment of a new board member. The 2004 applications not appointed to a board are attached for your review and the letter to Lexie Campbell. 4. Consider and act upon approving Resolution No. 2004-24(R) declaring a public necessity for, and the public convenience will be served by,the taking,by acquisition or condemnation, of a sanitary sewer easement and four (4) temporary construction easements on the property owned by Larry Van Nelson and Wife Polly H. Nelson for a twenty five foot (25') sanitary sewer line, a twenty foot (20') temporary construction easement, a sixty foot(60')temporary construction easement, a two hundred eighty one square foot (281 sq. ft.) temporary construction easement and a six hundred seventeen square foot(617 sq. ft.)temporary construction easement located in the Richard D.Newman Survey, Abstract No. 660, Collin County, Texas and authorizing the City Manager or his designee and the law firm of Abernathy, Roeder, Boyd & Joplin, P.C. to do all things to effectuate the acquisition, by purchase or condemnation, of the easements. (C.Hoisted, City Engineer) Executive Summary The contractor for the North Texas Municipal Water District(NTMWD) is installing the gravity sewer lines necessary to connect the City's sewer system with the new Muddy Creek Regional Wastewater Treatment Plant. The northwest portion of the sewer line runs from the existing sewer lift station on SH 78 to the northwest corner of the Woodbridge golf course across the Nelson property. We have been unable to reach an agreement with Mr.Nelson and the proposed resolution will authorize the City Manager or his designee to acquire the easement by purchase or condemnation. tt"i�ih i.,, In addition to any specifically identified Executive Sessiotz; `fin 7may.cp.yvene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Qp ' tings Act trrovides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive? • • tlpse•-tl ptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,Will betakt and recorded in open session. I certify that this Notice of Meeting was posted on thiy22nA day WOctober,2004 at 5:00 p.m.as required by law in accordance with Sect. n 551.042 of the Texas Government Code affsl thaiIke appropriate news media contacted. As a courtesy,this agenda is also ed to the C' Wylie Website at www.ci.wVit9.41Guis. 't�F1111/ f0 -Rt.-©f Carole Ehrlich,City cretary Date Notice Rem ved 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. CITY OF WYLIE Item No. B. city Secretczrv's 1--se Only COUNCIL AGENDA ITEM MEETING FOR: Regular Meeting of: October 26, 2004 Other: Consent X Department: City Manager/City Secretary Prepared By: City Secretary Date Prepared: 10-13-04 Exhibits: Letter from DRMC AGENDA SUBJECT: Consider and act upon the appointment of Mayor John Mondy to serve as an Executive Board Member to the Dallas Mobility Coalition (DRMC) from October 1, 2004 through December 31, 2005. RECOMMENDED ACTION: Staff recommends approval SUMMARY: The Dallas Regional Mobility Coalition members are comprised of officials from the Counties of Collin, Dallas, Denton and Ellis and such other municipalities, and political subdivisions. In the past, the City of Wylie shared a member position with the City of McKinney and the City of Sachse with the City of Rowlett (due to the population of Wylie and Sachse being less than 50,000). While Sachse and W.)-lie have not yet reached a combined population of 50,000, DRMC Co-Chairs Judge Margaret Keliher and Judge Ron Harris have indicated, in the spirit of the organization and geographic proximity of Wylie and Sachse, it is appropriate for the two cities to share a seat on the DRMC Executive Committee. As required in the DRMC By-Laws, representation from member cities must be either the Mayor or designated Councilmember. An Executive Committee seat shared by cities is usually an appointment based on mutual agreement of those cities. A letter requesting the nomination of a DRMC Executive Member to represent Wylie and Sachse has been received by both cities and Mayor John Mondy has graciously volunteered to serve on the committee for a term starting October 1, 2004 and ending December 31, 2005. In the event Mayor Mondy is unable to complete this term; then, Mayor Mike Felix, City of Sachse, would complete that term plus a one year term thereafter. The DRMC was created for the purpose of examining all issues related to and recommending transportation improvements and other related actions for the portion of the Dallas Metropolitan Area served by District 18 of the Texas Department of Transportation ("TxDOT"). The DRMC makes recommendations to NCTCOGRTC, TxDOT, North Texas Tollway Authority, Dallas Area Rapid Transit, and any other agency or municipality in transportation decision making in the Dallas Metropolitan Area. The DRMC limits its activities to recommending policy positions and will publicly advocate and encourage only those projects that have been approved by the RTC for inclusion in the Regional Mobility Plan. Once operational, the DRMC will absorb the activities and will assume the responsibilities of the Metropolitan Transportation Coalition and the North Texas Highway Project Committee. APPROVED BY: Initial Date Department Director: CE \ 10-13-04 City Manager: A 1 AGENDA SUBJECT: SUMMARY: (Continued) 2 CITY OF WYLIE Item No. C. City Sec;etczrv's Z;'se Only COUNCIL AGENDA ITEM MEETING FOR: Regular Meeting of: October 26, 2004 Other: Consent X Department: Library Prepared By: Jim Holcomb Date Prepared: 10/15/04 Exhibits: Contract AGENDA SUBJECT: Consider and act upon authorizing the City Manager to execute a contract between The City of Wylie and The Library Corporation for the Library Automation System RECOMMENDED ACTION: Staff recommends approval SUMMARY: The library automation system currently in use at the Smith Public Library is obsolete and the system vendor, Dynix, can no longer provide adequate technical support. The 2005 operating budget adopted by Council includes funding for a new windows based system for cataloging, database management, public access, circulation and other automated library functions. The budgeted amount is $76,000.00. After a thorough evaluation, the library staff recommends acquisition of the Library Solution system offered by The Library Corporation. The total purchase price of the system, including software, hardware, conversion services, installation and training, is $73,532.00. The annual cost for software and hardware support after the first year is $8,348.00. The Library Corporation is a certified State of Texas Catalog Information Systems Vendor. The CISV program satisfies the competitive bidding requirements of the Texas Local Government Code(Chapter 252). APPROVED BY: Initial Date Department Director: JH/MM \ 10/15/04 City Manager: A 1 AGENDA SUBJECT: SUMMARY: (Continued) 2 RESOLUTION NO. 2004-23R) 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 SOLUTION INTEGRATED LIBRARY SYSTEM CONTRACT BETWEEN THE CITY OF WYLIE, TEXAS AND THE LIBRARY CORPORATION 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, Solution Integrated Library System Contract between the City of WYLIE, Texas, and The Library Corporation, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 26th day of October, 2004. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution;2004-23(R) Approval of Solution Integrated Library System Contract 1 EXHIBIT "A" Library Solution Integrated Library System Contract for Smith Library Resolution;2004-23(R) Approval of Solution Integrated Library System Contract 2 Library•Solution Integrated Library System Contract for Smith Library THIS AGREEMENT (hereinafter referred to as "Agreement") is made between The Library Corporation, Inc., a corporation organized under the laws of the State of Maryland, with its principal place of business at Research Park, Inwood, West Virginia, party of the first part (hereinafter referred to as "The Library Corporation"), and Smith Library, Wylie, Texas, party of the second part (hereinafter referred to as "Library" or"Licensee"). WITNESSETH: WHEREAS, The Library Corporation has developed a computerized System (hereinafter referred to as "Library•Solution" or"Library.Solution") consisting of Hardware and Software for Authority Control, Cataloging/Database Management, Public Access Catalog, Circulation, Acquisitions, Serials Control, OPAC access via the WWW, external/internal multimedia Database access, internet sessions, Management Information Systems, and Z39.50 server, and is currently providing System Services to libraries and the Library is desirous of having such services provided at its location; NOW, THEREFORE the parties mutually agree as follows: 1 Definitions: 1.1 "Hardware" is defined as all Hardware and products including, but not limited to, the (a) computer, disk drives, tape drive(s), and interface, (b) CRT monitor(s) and terminals, (c) barcode scanner(s), (d) printers, (e) wiring and communication devices and (f) supplies for such Hardware. 1.1.2 "Dataserver" is defined as the computer on which the Library's Database resides. 1.2 "Licensed Software" and "Modules" are defined as Library•Solution computer programs, including, but not limited to, (a) the integrated Library Systems in the Dataserver, (b) the PC- based Modules provided by The Library Corporation that are resident in the PC workstation(s), and (c) the operational programs stored in the Dataserver. The Licensed Software is listed in Schedule D and includes all corrections, modifications and enhancements thereof, as well as all applicable Oracle licenses and Licensed Software. 1.2.1 System" is defined as all Hardware and Software provided to the Library by The Library Corporation. 1.2.2 "Initial Customer Database" is defined as the Library's existing electronic bibliographic, patron, and transaction data. 1.2.2.1 "Data Conversion" is defined as the migration by The Library Corporation of the Library's Initial Customer Database for use with Library•Solution. 1.2.3 "Documentation" or"User Manual(s)" is defined as technical publications relating to the use of the Software. Documentation will be provided in print form, online at each station, and online via the Internet. Library Contract Page 1 of 22 1.2.4 "Online Public Access Catalog Workstation" or"OPAC Workstation" is defined as any workstation capable of operating a graphical user interface and equipped with a web browser for the purpose of accessing only the OPAC Software Module of Library•Solution. 1.2.5 "Multi-Use Public Access Workstation" is defined as any workstation capable of operating a graphical user interface and equipped with a web browser for the purpose of accessing the OPAC Software Module of Library•Solution and other electronic resources. 1.2.6 "Error" or"Bug" is defined as any function that is performed incorrectly or inconsistently by the Software resulting in incorrect data or failure of the System to provide the correct response. 1.2.7 "Contract" is defined as this document and our quotation of 8/16/04. 1.3 The terms "Software" and "Software Materials" in this Agreement shall also mean any machine-readable or printed material not included in the licensed programs and which is designated by The Library Corporation as available under license to libraries who have licensed the program to which those materials relate. 1.3.1 "Licensed Software Updates" is defined as periodic enhancements and additional functionality added to the Licensed Software. 1.3.2 "Sub-Licensed Software" is defined as all applicable Microsoft NT, Oracle and Borland Software provided to the Library by The Library Corporation. The Sub-Licensed Software is subject to such limitations and restrictions as those required by the original licenser. 1.4 The term "Databases" refers to Library of Congress MARC Database and other information formatted for use by the Licensed Software and provided on machine-readable media by The Library Corporation. 1.4.1 The terms "Customer's Database" and "Library's Data" and "Library's Database" are defined as the Library's patron, circulation transaction, and MARC catalog machine-readable data. 1.5 The "Installation Date" shall be the day on which the Library begins production use of the Hardware and of the Licensed Software with the Library's Data fully loaded and available to the Library. 2 Statistics. Statistics set forth in Schedule A, Library Statistics, include the number of titles, number and type of terminals, number of locations, total items issued annually at each location, and the number of items in the collections at the Library locations where the System is to be used. "Items" are defined as materials circulated by the Library (individual copies of books, records, cassettes, etc.). Since The Library Corporation relies on these Statistics to choose the type of Hardware and to set parameters of the Software, the Library agrees that its Statistics as shown are reasonably correct. 3 Term. This Agreement is effective until it is terminated according to the provisions contained herein. In addition, the Library can terminate this Agreement upon thirty (30) days written notification to The Library Corporation of its intention to terminate. Library Contract Page 2 of 22 3.1 Termination. The Library Corporation may discontinue any license or terminate this Agreement upon sixty (60) days written notice if the Library fails to comply with any of the terms and conditions of this Agreement within sixty (60) days of receiving written notice of the alleged failure to comply; provided, however, if the Library contests, in writing, the alleged noncompliance within sixty (60) days of receipt of such notice, this Agreement shall not terminate, and The Library Corporation shall not discontinue any license provided under this Agreement. In the event the Library becomes insolvent or voluntarily or involuntarily bankrupt or a receiver, or if the Library makes an assignment for the benefit of creditors, then The Library Corporation at its option may immediately terminate this Agreement by notice to the Library to that effect. In no event shall this Agreement be assigned or assignable by operation of law or by voluntary or involuntary bankruptcy proceedings or otherwise, and any such assignment or attempted assignment shall be void and in no event shall this Agreement or any rights or privileges hereunder be an asset of the Library under any bankruptcy, insolvency or reorganization proceedings. 4 Return or Destruction of Licensed Software. If this Agreement is terminated the use of all Software Materials licensed hereunder must be discontinued by the Library and all Software Materials must be returned to The Library Corporation, or if so requested in writing by The Library Corporation, destroyed. Within one (1) month after the date of discontinuance of any license granted hereunder, the Library will furnish to The Library Corporation if requested, a certification that through the Library's best efforts and to the best of the Library's knowledge, the original and all copies of the Licensed Software received from The Library Corporation or made in connection with such license have been returned or destroyed. This requirement will apply to all copies in any form, including translations, whether partial or complete, and whether or not modified or merged into other program materials as authorized herein. 5 Library Corporation Fees and Deliverables. According to the Statistics in Schedule A, and subject to any special conditions appended in Schedule I, Additional Considerations, The Library Corporation will provide deliverables detailed in the following schedules at the fees indicated: Schedule B: Conversion Processing Schedule C: Hardware Configuration and Support Costs Schedule D: Software Schedule E: Cataloging Database Subscriptions Schedule F: Installation and Training Schedule G: Payment Schedule Schedule H: Hardware Maintenance Schedule I: Additional Considerations 6 Payment. Payments for Hardware, Software, and all other goods and services shall be made in accordance with the terms that are set forth in Schedule G. Fees enumerated in Schedules B though F are summarized in Schedule G. Library Contract Page 3 of 22 6.1 Deleted 6.2 Deleted 6.3 Deleted 6.4 Deleted 7 Site Preparation. It is understood and agreed that the aforesaid fees do not include any site preparation or installation costs except as described in Schedule F, Installation and Training. 8 Licenses. The Library Corporation hereby grants to the Library a perpetual, non-transferable and non-exclusive license to use the Licensed Software. 8.1 Each License granted under this Agreement authorizes the Library to: (a) use the Licensed Software, in object code form only, at the location specified herein and on the designated number of display units at the location and a number of remote locations authorized in Schedule A, or as provided by Schedule C and (b) utilize the Licensed Software Materials in printed form and the Database in machine-readable form in support of the use of the licensed program. 8.2 No title to or ownership of the Software is transferred to the Library, and it remains the proprietary property of The Library Corporation. 8.3 The Library shall not allow the Software or any portion thereof to be reverse compiled or disassembled. 8.4 The Library Corporation may, in accordance with ¶3.1 above, terminate all proprietary licenses granted hereunder and require return of the Software if the Library fails to comply with these terms and conditions. The Library Corporation shall have the right to enforce these terms and conditions against the Library. 8.5 If the Licensed Software is to be used at other than the designated location(s) as specified by Schedule A, additional licenses may be required for each additional location as addressed in Schedule C, Part 1. If the Library cannot perform its data processing at the host location because of conditions beyond the Library's control, the affected licenses will be temporarily extended to permit the Library to use the licensed program material at another location. 8.6 The Library must notify The Library Corporation of the Library's intention to change the designation of the location at which Licensed Software is to be used. 8.7 Sub-Licensed Software is governed by the licensing terms and conditions of the owners of those Software products, as identified in Section 1.3.2 of this Agreement. 9 The Library shall: 9.1 Provide suitable electric service for operation of Hardware and a dial-in telephone connection for the Database Server defined in Schedule C. Library Contract Page 4 of 22 9.2 Pay all costs associated with local leased dedicated telephone lines. 9.3 Pay shipping charges for all Hardware purchased from The Library Corporation as defined in Schedule C. 9.4 Designate a key person (or persons) for special training in the use of the Hardware. 9.5 Make no alterations in the Hardware purchased from The Library Corporation without obtaining The Library Corporation's written permission. 10 Privacy of Data. The Library Corporation agrees not to use patron details such as names, addresses, etc., for any purpose other than providing requested services to the Library and agrees not to transmit the Library's Data to any third party, except as requested by the Library. All bibliographic, item, fine, patron, and other records entered into the Library's Database on the Library's System or supplied to The Library Corporation by the Library are and shall remain the sole property of the Library. The Library Corporation shall not, without the Library's prior written consent, copy or use such records except to carry out contracted work, and shall not, without the Library's prior written consent, transfer such records to any other party not involved in the performance of this Agreement, and shall return submitted records to the Library immediately upon completion of the work hereunder. The Library shall have the right, without the consent of The Library Corporation, to extract such data in industry-standard formats, using The Library Corporation's Software and at no cost to the Library. The Library acknowledges that the methods of storage, compilation, format, and layout constitute proprietary and trade secret information of The Library Corporation and are protected by federal copyright law. The Library Corporation agrees to assist the Library within thirty (30) days of such request, in making such extracts. 11 Protection and Security. All Licensed Software Materials, including, but not limited to, Documentation and User Manuals, contain proprietary information, use of which is limited by the licenses granted in this Agreement. The Library will not disclose or otherwise make available any Software Materials in any form to any third party except to the Library's employees, or to agents directly concerned with licensed use of the program. Library Contract Page 5 of 22 12 Warranty 12.1 The Library Corporation warrants that The Library Corporation has the right to license the Software listed in Schedule D, Software, and to grant sub-license to the Sub-Licensed Software as defined in Section 1.3.2. The Licensed Software will perform the functions set out in the User Manual and Documentation in effect when shipped to the Library. Thereafter The Library Corporation will provide program service and maintenance as described in Schedule G, Software Support. 12.2 The Library Corporation does not warrant that the operation of the Licensed Software will be uninterrupted or Error-free or that all program defects will be corrected. 12.3 The Library Corporation agrees, however, to make reasonable efforts to correct all reproducible material Errors in programming and discrepancies between the User Manual and the actual Software performance. The Library Corporation further agrees to make reasonable efforts to correct any Hardware or Software problems that result in total System "downtime". In the event that The Library Corporation personnel or The Library Corporation's designated agents must travel to the Library to correct Hardware or Software problems, the Library shall not be responsible for the cost of such travel. 12.4 The Library Corporation warrants that the Library shall acquire good and clear title to the Hardware purchased hereunder, free and clear of all liens, claims, or encumbrances from a third party. Title to the Hardware purchased from The Library Corporation by the Library shall pass from The Library Corporation to the Library upon payment of the final balance due, as outlined under Schedule G, Payment Schedule. 12.5 Hardware purchased under this Agreement will be newly manufactured. 12.6 The above warranties will apply as long as the Library has maintained Hardware Maintenance as provided by Schedule H and Software Support as provided by Schedule G, Part 2. 13 Software Support and Maintenance. 13.1 Telephone support and Licensed Software Updates will be provided as part of the annual Software support service fee, as provided for in Section 12.1 and Schedule G of this Agreement. The initial cost of the Software includes first-year Software support. Payment of the annual Software support fee entitles the Licensee to continued use of the Software. 13.2 Licensed Software Updates will be made available periodically. Revisions and enhancements to the Software are provided on magnetic tape, diskette, or compact disc or via telecommunications, depending on the Software and data used. The Library is responsible for implementing all Licensed Software Updates. All mandatory Licensed Software Updates must be installed within one (1) year of their release to ensure proper program performance and continued support. Failure by the Library to install Licensed Software Updates within the agreed time frame may result in the termination of program service and maintenance or in the increase of program service and maintenance fees where appropriate. Library Contract Page 6 of 22 13.2.1 The Library Corporation agrees to notify The Library at least twelve (12) months prior to the release of a mandatory Licensed Software Update that would require a Hardware enhancement. 13.3 The Library Corporation reserves the right not to release Licensed Software Updates to the Software during the term of this Agreement. Failure to release Licensed Software Updates to the Software does not constitute default on the part of The Library Corporation because of the continuation of the right to use telephone support and other support-related services. 13.4 If The Library Corporation determines that a Software Update requires additional or revised Documentation, one copy of such Documentation will be provided to the Licensee. At the option of The Library Corporation, this Documentation may take the form of new manuals, replacement pages to existing manuals, manual addenda, machine-readable text, or any combination of these methods. 13.5 After a period of five (5) years from the date of the execution of this Agreement, The Library Corporation can discontinue Software Support upon two (2) years written notification to the Library, in which case the force of Section 12.6 of this Agreement shall no longer apply; provided, however, notwithstanding anything to the contrary herein, the warranties provided by Section 12.1 of this Agreement shall remain in effect and survive any discontinuance of Software Support. 13.6 The Library Corporation reserves the right to charge at the then-published rate for any additional effort which results from the Library introducing an Error in the Licensed Software. 13.7 The Library Corporation shall not be responsible for correcting any adverse effects on performance or operation as a result of the Library's use of (a) third-party Hardware or Software, and/or (b) Databases and networks external to the Library•Solution System, in conjunction with the Library•Solution System, unless agreed to by The Library Corporation. When resources are available, The Library Corporation may provide consultation services or assistance relating to the Library's use of such third-party Hardware and Software, external Databases and networks, and The Library Corporation reserves the right to charge, at the then-published rate, for such services and assistance. 14 Database Subscription Service and Maintenance. 14.1 Online access to The Library Corporation's Databases of cataloging resource data is provided to the Library according to the specifications of Schedule E. 15 Patent and Copyright. 15.1 The Library Corporation will indemnify and defend the Library against any claim that Licensed Software or Software Materials or Sub-Licensed Software or Hardware furnished and used within the scope of the licenses and Sub-Licenses and titles to Hardware granted herein infringe a U.S. patent or copyright and The Library Corporation will pay resulting costs, damages and attorney's fees, provided that the Library promptly notifies The Library Corporation in writing of the claim. In its sole discretion, The Library shall have the right to select or to approve defense counsel to be retained by The Library Corporation in fulfilling its obligation hereunder to defend and indemnify The Library, unless such right is expressly waived by The Library in writing. In its sole discretion, The Library reserves the right to provide a portion or all of its own defense; Library Contract Page 7 of 22 however, The Library is under no obligation to do so. Any such action by The Library is not to be construed as a waiver of The Library Corporation's obligation to defend The Library or as a waiver of The Library Corporation's obligation to indemnify The Library pursuant to this Agreement. The Library Corporation shall retain The Library approved defense counsel within seven (7) business days of The Library's written notice that The Library is invoking its right to indemnification under this Agreement. If The Library Corporation fails to retain counsel within such time period, The Library shall have the right to retain defense counsel on its own behalf, and The Library Corporation shall be liable for all costs incurred by The Library. This paragraph shall survive any termination of this Agreement. 15.2 If such claim has occurred, or in The Library Corporation's opinion is likely to occur, the Library agrees to permit The Library Corporation at its option at no additional expense to the Library either to procure for the Library the right to continue using the Licensed Software or Sub-Licensed Software or Hardware or to replace or modify the same so that they become non-infringing. Nothing in this paragraph shall release or waive The Library Corporation's obligation to indemnify and defend The Library as set forth in ¶15.1 above. 15.3 The Library Corporation shall have no obligation to defend the Library or to pay costs, damages, or attorney's fees for any claim based upon (1) use of other than a current unaltered release of the Licensed Software if such infringement would have been avoided by the use of a current unaltered release of the Licensed Software, or (2) the combination, operation or use of any Licensed Software or data with non-Library Corporation programs or data if such infringement would have been avoided by the combination, operation or use of the Licensed Software with other Library Corporation-approved programs or data. 16 Limitation of Remedies. The Library's right to recover damages to property caused by The Library Corporation's fault or negligence shall be limited to one million dollars ($1,000,000.00), except for a patent or copyright violation as contained in item 15 above. This Agreement shall be subject to the provisions of the Uniform Commercial Code, with all Hardware and Software to be defined as "Goods". 16.1 In no event will The Library Corporation be liable for any damage solely caused by the Library's failure to perform its responsibilities, including daily backup of the Library's Database and subsequent verification. 17 Waiver of rights. The waiver or failure of either party hereto to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. 18 Severability. If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the remaining provisions shall not be affected in any way. 19 Headings. The headings of the various Paragraphs and Subparagraphs herein are for convenience only and shall not control or affect the meaning or construction of any provisions of this Agreement. 20 Risk of use. All risk of use, operation, and control are borne by the Library. 21 Governing Law. This Agreement shall be subject to all applicable laws of the Federal Government of the United States of America and to the laws of the State of Texas. The Library Contract Page 8 of 22 applicable law for any legal disputes arising out of this Agreement shall be the laws of the State of Texas. This Agreement shall be performable and exclusive venue shall lie in Collin County, Texas. 22 Saving Clause. All quotations and Agreements are contingent upon accidents, fires, availability of materials, and all other causes beyond the control of either party. Typographical and stenographic errors are subject to correction. Terms inconsistent with those stated herein, which might appear on the Library's formal order or Request for Proposal, will not be binding on The Library Corporation. 23 Assignments. The Library and The Library Corporation agree that no sublicensing, nor assignment of its rights or interest, nor delegation of its duties under this Agreement shall be made or become effective without the prior written consent of The Library Corporation or the Library. Any attempted sublicensing, assignment or delegation without prior written consent shall be wholly void and ineffective for all purposes. 24 Taxes not included. The charges shown on this Agreement do not reflect applicable federal, state, and local taxes which may be added to the amounts shown at the time of invoicing. 25 Whole Agreement. This Agreement, including appendices and referenced attachments, constitutes the entire Agreement between the parties and supersedes all proposals, presentations, representations, and communications, whether oral or in writing, between the parties on this subject. Neither party shall be bound by any warranty, statement, or representation not contained herein. The signatories acknowledge reading and agree to comply with all terms and conditions. 26 Amendments. Amendments and modifications to all, or any part, of the Agreement and to the appendices and referenced attachments, may be made, and shall be binding, only if in writing and signed by duly authorized representatives of both parties. 27 Sovereign Immunity. The parties agree that The Library has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 28 Notice. Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Smith Library, to: Smith Library 800 Thomas Street Wylie, TX 75098 If to The Library Corporation, Inc. to: The Library Corporation Library Contract Page 9 of 22 Research Park Inwood, WV 25428 29. Authority. The individuals executing this Agreement on behalf of the respective parties below represented to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date thereof. IN WITNESS WHEREOF the parties have duly executed and delivered this Agreement on the dates set forth below. ACCEPTED FOR THE LIBRARY ACCEPTED FOR THE LIBRARY CORPORATION By By Title Title Date Date Library Contract Page 10 of 22 SCHEDULE A Library Statistics 1. Estimated Number of patrons: 13,000 2. Estimated Number of Items: 50,000 3. Estimated Number of Titles: 50,000 28 Number of Library Locations: one 29 Total Number of Stations/Devices On-line: 8 30 Name and address of host location: Smith Library 800 Thomas Street Wylie, TX 75098 31 Locations and # of stations listed below for Cataloging, Circulation, Public Access Catalog and other modules including: OPAC Enrichment, KCWeb and Phone Tree 2100 Library Locations Cat Ciro PAC Acq Serials 2 6 The Library may reconfigure the location of the above licensed staff software without incurring additional costs provided that the total number does not change. Library Contract Page 11 of 22 SCHEDULE B Conversion Processing 1. Data Preparation Number of Bibliographic Records: 50,000 Cost: $5,000.00 Total - Data Preparation and Data Conversion $5,000.00 The Library will provide to The Library Corporation its Initial Customer Database. The Library Corporation will convert the Initial Customer Database to formats required by Library•Solution and load the Customer's Database into Library•Solution. Library Contract Page 12 of 22 SCHEDULE C Part 1. Hardware Configuration and Support Costs Year 2 Description Unit Total Total Price Price Support Dataserver $7,176.00 $7,176.00 Included Webserver $2,483.00 $2,483.00 Included 3 Workstations (no monitors) $1,184.00 $3,552.00 Included 2 Workstations (256mb) $1,860.00 $3,720.00 Included 1 workstation (256 MB) $1,676.00 $1,676.00 Included 1 Bookmobile Laptop n/c n/c $60.00 Telephone Notification System (Phone-Tree 2100) $1,470.00 $ 1,470.00 $294.00 Total Hardware Costs $20,077.00 Total Hardware Support Costs $354.00 Shipping $1,345.00 Part 2 Hardware Description Dataserver Dell PowerEdge 2850 Dataserver includes: Two Intel Xeon 2.8 GHz processor, 2 GB DDR2 400MHz, single ranked DIMMS, Embedded PERC4ei, RAID 1, 1x6 Hard Drive Backplane, (3) 36 GB Ultra 320 SCSI hard drives, PowerVault 100T, DAT72, 36/72TGB, internal tape backup unit w/onboard SCSI with 6 backup tapes, Riser with PCI-X support and Embedded Raid (ROMB) Support, dual on-board NICs, rapid rails for Dell rack, electronic documentation and OpenManage CD kit, active ID Bezel Option, redundant power supply, mouse, keyboard, 24x IDE CD-ROM drive, 17 inch Dell E773 Monitor,Windows 2003 server software with 8 user licenses (required for technical services stations only), 1500 watt uninterruptible power supply, Remote Access Desktop, 2 years Norton Anti-virus, surge protector, patch cable and five years of onsite, next business day support. Webserver Webserver includes: Dell PowerEdge 750 Celeron 2.4 GHz Processor, 1 NIC, 1GB DDR SDRAM, 3.5" floppy drive, 40 GB IDE hard drive, CD-ROM drive, keyboard, mouse, Windows 2003 Server software, Rapid Rails for Dell Rack, Surgearrest, 14' patch cable, and five years of onsite, next business day support. 3 Technical Services / PAC Workstations (Pentium IV processor) Includes: Dell Dimension 4600 Pentium IV with HT Technology 2.8 GHz, 256MB Dual Channel DDR SDRAM, Dell A215 Speakers, Integrated 5.1 Channel Audio, 56K PCI Data Fax Modem, Integrated Intel PRO 10/100 Ethernet, Dell Quietkey keyboard, scroll mouse, Integrated Intel Extreme Graphics 2, Windows XP Professional Operating System, surge Library Contract Page 13 of 22 protector, 14' patch cable, and three years of onsite, next business day support. 2 Technical Services / PAC Workstations (Pentium IV processor) Includes: Dell Dimension 4600 Intel Pentium 4 with HT Technology 2.8GHz Processor, Microsoft Windows XP Professional, 256MB Dual Channel DDR SDRA, Dell A215 Speakers, Integrated 5.1 Channel Audio, 56K PCI Data Fax Modem, 40GB Ultra ATA/100 Hard Drive, Dell Quietkey Keyboard, scroll mouse, 17" flat panel monitor, DVD+RW Drive, surge protector, 14' patch cable, and three years of onsite, next business day support. 1 Technical Services / PAC Workstation (Pentium IV processor) Includes: Dell Dimension 4600 Intel Pentium with HT Technology 2.8GHz Processor, Microsoft Windows XP Professional, 256 MB Dual Channel DDR SDRAM, Dell A215 Speakers, Integrated 5.1 Channel Audio, 40GB Ultra ATA/100 Hard Drive, Integrated Intel PRO 10/100 Ethernet, Dell Quietkey keyboard, scroll mouse, 17" Flat Panel Monitor, 48X CD-ROM Drive, surge protector, 14' patch cable, and three years of onsite, next business day support. Bookmobile Includes: Dell Latitude D600 Notebook, Pentium M processor 1.4 GHz, 14.1 TFT display, 30 GB hard drive, 256 MB SDRAM, 65W AC Adapter, Dell TrueMobile 1350 WLAN, 6 Cell Primary Battery, CD-ROM drive, Windows XP Professional Operating System, Gryphon scanner, 14'patch cable, and three years of onsite, next business day hardware support on computer hardware. Part 3 Minimum Hardware Requirements If you are using existing equipment or obtaining equipment from a third-party, you will need to meet the following requirements: Dedicated Webserver (for single or multiple sites with more than 10 workstations): The Library Corporation highly recommends a dedicated Webserver for a single or multiple site library system with 10 or more workstations. The Webserver is recommended for use with Library•Solution for maintaining Intranet and Internet activities. The recommended hardware requirements for the Webserver are Pentium III 500 MHz, 128 MB RAM (256 MB recommended), IIS version 3 or later (recommended IIS 4 loaded from Option Pack), 9 GB of total drive space with at least 500 MB of free drive space for web pages and the accumulation of log files, 3.5" diskette drive, 16X CD-ROM drive, standard keyboard, 14" VGA monitor, mouse, Windows NT Server (v4.0). Library Contract Page 14 of 22 SCHEDULE D Software According to the provisions of this Agreement The Library Corporation grants perpetual, non- transferable and non-exclusive licenses for the following Software and Databases, subject to the terms and conditions of this Agreement for use at the location(s) specified in Schedule A. 1. The Library Corporation Library•Solution Integrated Library System: 1st Year 2nd Year Qty Description One-Time Price Support Support 1 Library•Solution Software $ 34,020.00 Included $ 6,804.00 Modules for Cataloging, Authority Control, Circulation, and Public Access Catalog for 8 staff stations and unlimited PACs 1 Library location. 1 Library•Z (Z39.50 Server) Included Included Included 1 KCWeb $ 1,495.00 Included $ 395.00 Total Software Cost $ 35,515.00 $ 7,199.00 The cost to add Technical Services Software licenses will be $1,000.00 per station with an annual support cost of$200.00 per year. Library Contract Page 15 of 22 SCHEDULE E Subscriptions The Library Corporation will grant perpetual, non-transferable and non-exclusive licenses for the following databases, subject to the terms and conditions of this Agreement for use at the location(s) specified in Schedule A. Databases are updated with the frequency noted. Qtv Description Annual Cost 1 OPAC Enrichment $795.00 Library Contract Page 16 of 22 SCHEDULE F Installation and Training 1. Installation 1.1 On-site installation of all Hardware and Software purchased from The Library Corporation will be performed by technician(s) who will unpack, connect, and test all Hardware purchased from The Library Corporation. Installation Expenses $3,600.00 2. Training 2.1 6 days of on-site staff operator training, training materials, and support in the use of Hardware and Software for a maximum of 10 people per trainer at $1,200 per trainer per day. The Library should plan on one terminal for every 3-5 trainees. If the Library feels more training is needed, additional days can be purchased at $1,200 per day. 2.2 It is understood by the Library that additional days are necessary for Acquisitions and Serials Control training, and that these will cost $1,200 per day. Training Expenses $7,200.00 Total Installation and Training: $10,800.00 Library Contract Page 17 of 22 SCHEDULE G Part 1 Payment Schedules 1. Summary of one-time charges: 1.1 Conversion Services $5,000.00 (Schedule B) 1.2 Total Hardware $20,077.00 (Schedule C) 1.3 Shipping $1,345.00 (Schedule C) 1.4 Total Software $35,515.00 (Schedule D) 1.5 Annual Database Subscription $795.00 (Schedule E) 1.6 Installation and Training $10,800.00 (Schedule F) Total $73,532.00 2. Payment Schedule: 25% down at contract signing Remainder due net 30 days from date of invoice (installation). Library Contract Page 18 of 22 Part 2 Software Support Annual Licensed Software Support Costs (Year 2) $7,994.00 1. Annual licensed software support costs includes telephone diagnostic service available during normal company business hours (7:30 a.m. — 12:00 midnight EST Monday- Friday) additionally with emergency referrals from The Library Corporation's Operations Center to on-call personnel, 24 hours per day, 7 days per week. All Library•Solution customers have access to The Library Corporation's toll-free (800) telephone line. Software Support also includes access to The Library Corporation's online support center, which can also be accessed 24 hours per day, 7 days per week to view, update, and submit support requests. 2. Software support covers trouble-shooting of any Software-related problem and provision of updates to the latest version of the System Software. 3. First-year Software support is included in Software costs. 4. Second-year Software support fees include Library•Solution Cataloging, Circulation, PAC, Z39.50 Server and KCWeb. 5. In the third (3rd) year and each subsequent year during which the Library is using the Licensed Software described herein, the Library will pay a support cost equal to $7,994.00 per year plus an annual increase not to exceed more than five (5) percent per year. Part 3 Peripheral Hardware Support Annual Peripheral Hardware Support (Years 2-5) $354.00 per year 1. Annual peripheral hardware support includes telephone diagnostic service available during normal company business hours (7:30 a.m. — 12:00 midnight EST Monday- Friday) additionally with emergency referrals from The Library Corporation's Operations Center to on-call personnel, 24 hours per day, 7 days per week. All Library•Solution customers have access to The Library Corporation's toll-free (800) telephone line. 2. The first year of peripheral hardware support is included. Subsequent year support is outlined in Part 1 of Schedule C. 3. Peripheral hardware support includes repair and replacement of components. Library Contract Page 19 of 22 SCHEDULE H Hardware Maintenance 1 Term. This Hardware Maintenance Agreement (the "Hardware Maintenance Agreement") shall have an effective date as stated herein and continue for a term of three (3) years. 2 Hardware and Charges. 2.1 The Hardware covered by this Hardware Maintenance Agreement and the maintenance charge applicable to such Hardware shall be as set forth in Schedule C herein. All charges specified shall remain in effect for three (3) years from the effective date of this Hardware Maintenance Agreement, unless otherwise specified in Schedule C. 3 Scope of Maintenance Service. 3.1 Maintenance service shall consist of remedial maintenance including replacement of unserviceable parts. 3.2 If the maintenance work is to be performed at Library's premises, a service technician dispatched by The Library Corporation shall have working space, electricity, a local telephone line, and free and full access to the Hardware; and the Library shall provide a safe place in which to perform such work. Maintenance work will be performed according to the type and term of Service Agreement listed in Schedule C, with the following conditions: 3.2.1 Next business day/ replacement service will require a service technician to be dispatched to arrive at the Library location for on-site service on the next business day between normal business hours, Monday through Friday, excluding regularly observed holidays. If the service technician is dispatched for on-site service after 4:00 p.m., local time, the service technician may take an additional business day to arrive at the Library location. 3.2.2 There may be an additional charge for service in certain remote areas of the United States. 3.2.3 Parts will be new parts or parts equivalent to new in performance when used in the Hardware. 3.3 Should the Library ship Hardware to The Library Corporation for any reason, the Library is responsible for any shipping costs incurred. Any Hardware shipped by The Library Corporation's offices or service center designated by The Library Corporation will be returned to Library via standard United Parcel Service, shipping charges prepaid. If Library shall desire a faster means of transportation, the Library shall designate the carrier and bear the complete cost. In either event, The Library Corporation shall not be liable for loss or damage in transit. Claims for shortage or damages in shipments shall be made against carrier by The Library Corporation at its sole cost and expense. Library is responsible for noting any visible damage upon receipt from The Library Corporation and notifying The Library Corporation of such damage within three (3) business days thereafter. 4 Exclusions. The Library Corporation's maintenance service provided hereunder does not include the following: 4.1 Electrical work external to the Hardware; Library Contract Page 20 of 22 4.2 This Hardware Maintenance Agreement extends only to uses for which the System was designed. Except as stated below, the services The Library Corporation agrees to provide under this Hardware Maintenance Agreement are repair services which are necessary because of any defect which exists or occurs in materials or workmanship in the System or in any System component covered in this Hardware Maintenance Agreement. Preventive maintenance is not included. Installation, deinstallation, or relocation services and operating supplies are not included. Repairs necessitated as a result of alteration, adjustment, or repair by anyone other than The Library Corporation (or its representatives) are not included. The Library Corporation is not obligated to repair any System or System component which has been damaged as a result of (i) accident, misuse, or abuse of the System or component (such as, but not limited to, use of incorrect line voltages, use of incorrect fuses, use of incompatible devices or accessories, improper or insufficient ventilation, or failure to follow operating instructions) by anyone other than The Library Corporation (or its representatives); (ii) an act of God such as, but not limited to, lightning, flood, tornado, earthquakes, and hurricanes; or (iii) the moving of the System from one geographic location to another or from one entity to another. 4.3 Such service which is impractical for The Library Corporation to render because of alterations to the Hardware or their connection by mechanical or electrical means to other devices or alterations to operating systems; or 4.4 Maintenance on Hardware not listed in Schedule C. 6 General. 6.1 The Library Corporation reserves the right to reasonably adjust the maintenance charges if the Hardware specifications, attachments or features of any item of Hardware are changed after the date hereof. 6.2 The Library Corporation is not responsible for any failure to render service due to any cause beyond its control. 6.3 The Library Corporation shall be entitled, upon giving prior written notice to the Library, to assign this Hardware Maintenance Agreement and The Library Corporation's rights hereunder to any subsidiary, affiliate, or successor thereof. Library Contract Page 21 of 22 SCHEDULE I Additional Considerations 1 Notwithstanding anything to the contrary herein, if, within sixty (60) days of installation, the Library is not completely satisfied with the Library•Solution System, the Library may return it to The Library Corporation and receive a full refund of all monies paid. This guarantee warrants the Library's satisfaction with the entire System and does not encompass return of individual Modules or refunds or discounts for not using parts of the Library•Solution System. 2 Returned Goods Authorization. Any goods to be returned shall include the return authorization number on the address label. Cost of return shipment is the Library's responsibility. Returned goods received in acceptable resale condition as reasonably determined by The Library Corporation will result in a credit on account for the amount of the sale less a 20% handling and restocking charge. Custom products, such as barcode labels, are not returnable. 3 Second-Year Support Costs, as stated in Schedule G, include all Software and Hardware purchased under this Agreement. 4 Library•Solution employs ReportSmith as its report generation Software. ReportSmith is preprogrammed with approximately 100 reports for Library use. Because of the sophistication of the Library•Solution Database, The Library Corporation utilizes a run-time version of ReportSmith. Should the Library require a report not preprogrammed into ReportSmith, The Library Corporation will design and implement user-requested reports at no additional charge to the Library. 5 The Library Corporation provides a PAC Configuration Utility that is used to customize or modify the Library's PAC Interface. The PAC Configuration Utility can be accessed by authorized users and provides the ability to create multiple configurations. 6 The Library Corporation will, at no additional cost to The Library, test a backup tape of the Library's Database every six (6) months if the Library requires. Library Contract Page 22 of 22 SCHEDULE I Additional Considerations (continued) 7 Escrow 7.1 At Library's option, within thirty (30) days following the signing of this Agreement, The Library Corporation shall add Library as a party to its already existing escrow account for the Software. Such escrow account contains a current source version of all The Library Corporation's application software and all associated materials. 7.2 The escrow company's obligation to the Library is separate and independent from any obligation to The Library Corporation so that, in the event of the occurrence of a release condition, it cannot be unreasonably interfered with by a bankruptcy trustee. 7.3 The escrow agreement shall authorize the escrow agent to release the source code to the Library in the event the Escrow Agent receives from the Library: 7.3.1 Written notification that The Library Corporation has failed in a material respect to support the applicable Systems as required by the Agreement between Library and The Library Corporation (to which this Schedule I is attached) or that The Library Corporation has otherwise defaulted in a material respect under the Agreement ("The Library Corporation Default"); 7.3.2 Evidence satisfactory to Escrow Agent that Library has previously notified The Library Corporation of such Product Default in writing; 7.3.3 A written demand that the Deposit Materials be released and delivered to the Library; 7.3.4 A written undertaking from the Library that the Deposit Materials being supplied to the Library will be used only as permitted under the terms of the Agreement; 7.3.5 Specific instructions from the Library for this delivery; and 7.3.6 An initial check payable to Escrow Agent in the amount of one hundred dollars ($100.00). 7.4 The Library Corporation shall pay all basic costs of maintaining the source code in escrow, including the fees of the Escrow Agent. Library shall pay an initial cost of$250.00, for adding Library as a party to the escrow account and annual cost not to exceed $100.00, for remaining as a party to the escrow account. Library may, at any time during the term of this Agreement, have access to and review deposited Software and associated materials subject to reasonable security limitations. 7.5 The Library Corporation shall replace the deposited software and related documentation with an updated version at least once every twelve (12) months or upon The Library Corporation's distribution of new release software to its libraries. Library Contract Page 23 of 22 CITY OF WYLIE Item No. D. City Sec;etczrv's Z;'se Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: October 26, 2004 Other: Department: Planning Prepared By: Renae' 011ie Date Prepared: October 15, 2004 Exhibits: Preliminary Plat AGENDA SUBJECT: Consider and act upon a Preliminary Plat for the Rubalcava Industrial Park Addition. RECOMMENDED ACTION: Approved 7-0 by Planning and Zoning Commission at its October 5, 2004 meeting. SUMMARY: • Preliminary Plat was received completed on 09/30/04. • The Plat provides a 30' R.O.W. Dedication for half of existing Steel Road. • Park Land Dedication fees apply for this property and must be paid prior to filing. APPROVED BY: Initial Date Department Director: CT \ 10/15/04 City Manager: A 1 CITY OF WYLIE Item No. E. City Sec;eta;w's Zise Only COUNCIL AGENDA ITEM MEETING FOR: Regular Meeting of: October 26, 2004 Other: Consent X Department: Engineering Prepared By: Chris Hoisted Date Prepared: 10/14/04 Exhibits: Proposal AGENDA SUBJECT: Consider and act upon a proposal from The Wallace Group, Inc. in the amount of $12,000 for the development of base maps and GIS data. RECOMMENDED ACTION: Approval SUMMARY: The City's current base map is updated by the Planning Department on a regular basis using CAD software. The map includes important information which could be used by other departments; however, the software is expensive and requires extensive training to use. The Collin County Appraisal District, Collin County Planning Department and the North Central Council of Governments have readily available data such as parcel boundaries, property owner names, appraised property values, aerial photographs and two foot contours that will integrate with GIS (Geographic Information System) software. The proposal from The Wallace Group will incorporate the readily available data from the various county and state entities to develop a new base map of the City in a web based format that will be accessible by all City departments. Additional information such as land use, zoning, water and sewer lines, fire hydrants, FIRM data, and other department request will be incorporated into the base map as the budget allows and will be presented to Council at a future date. The Engineering and Planning department budgets included $60,000 each for the development of the City's GIS system. APPROVED BY: Initial Date Department Director: CH \ 10/15/04 City Manager: A 1 AGENDA SUBJECT: SUMMARY: (Continued) 2 CITY OF WYLIE Item No. F. city Secretczrr_v's Z;'se Only COUNCIL AGENDA ITEM MEETING FOR: Regular Meeting of: October 26, 2004 Other: Consent X Department: Finance Prepared By: Ron Hutchison Date Prepared: October 15, 2004 Exhibits: Engagement Letter-Rutledge Crain & Co. AGENDA SUBJECT: Consider and act upon acceptance of auditing services, not to exceed $31,050., for the year ending September 30, 2004 by the accounting firm of Rutledge Crain & Company, PC. RECOMMENDED ACTION: Staff recommends acceptance of the proposed engagement letter to provide auditing services for the year ending September 30, 2004, by the firm of Rutledge Crain & Company, PC. SUMMARY: The City Charter, Article VII, Section 13, requires an annual independent audit of all accounts of the city be performed by certified public accountant. This audit is to be performed at the close of each fiscal year. Last year the City audit was performed by the firm of Rutledge Crain & Company, PC. This was the first year of a five year proposal accepted last year. The City, as a procedural matter, rotates audit firms on a regular basis to maintain the independence between the City and the auditor. All work was performed last year in an acceptable manner and therefore there is no basis upon which to propose a change in firms for the upcoming audit. The audit is proposed to begin the first week of January 2005 and be presented to the City Council no later than March 31, 2005. The audit fee is proposed to not exceed $31,050. Should something arise that would cause this fee estimate to be exceeded, no work will be performed before management is alerted to the underlying cause. Last year the audit fee was $29,120. APPROVED BY: Initial Date Department Director: RH \ 10/15/04 City Manager: A 1 AGENDA SUBJECT: 2 SUMMARY: (Continued) 3 CITY OF WYLIE Item No. 1. city Secretczrr_v's Z;'se Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: October 26, 2004 Other: Department: Planning Prepared By: Claude Thompson Date Prepared: October 15, 2004 Exhibits: 5 AGENDA SUBJECT: Consider and act upon a change in zoning from Agriculture (A) and Neighborhood Services (NS)to Planned Development (PD) District for residential uses of varied densities, tabled from September 28, 2004. (Zoning Case No. 2004-19) RECOMMENDED ACTION: Planning and Zoning Commission voted 5 — 1 to recommend approval with stipulations (incorporated into current report and attachments) on July 7, 2004. Staff recommends denial for noncompliance to Comprehensive Plan. SUMMARY: Public Hearing was convened and closed on September 28, 2004. Council may, at their discretion reopen hearing to receive public comments. Property was annexed September 28, 2004. Financial Consideration—N/A. Notification/Responses — No written responses from within Wylie, but 2 written responses against from properties within unincorporated County), requires simple majority to approve. APPROVED BY: Initial Date Department Director: CT \ 10-15-04 City Manager: A 1 AGENDA SUBJECT: Consider and act upon a change in zoning from Agriculture (A) and Neighborhood Services (NS)to Planned Development (PD) District for residential uses of varied densities, tabled from September 28, 2004. (Zoning Case No. 2004-19) SUMMARY (Continued): Comprehensive Plan • Recommends 72% Suburban (10K lots) and 28% Country (1 ac), request does not comply. • PD eliminates 0.4 ac NS (zoned such since 1985), complying with draft revisions to Comp Plan. Conditions of PD • Maximum 600 lots minimum lot size of 8,500 square feet with 35% greater than 10,000 square feet, and 10% greater than 12,000 square feet (density of 3.2 d.u./ac-compared to 1.8 recommended by Comp Plan). • Modified dimensional requirements — Average house size greater than 2,400 square feet for the entire PD, although individual platted phases may average less. — Type A lots o 2,000 s.f. dwelling (compared to 1,900 s.f. of ZO) o 70 ft. lot width(compared to 75 ft.) o Reduced side and rear yard setbacks — Type B lots o 1,900 s.f. dwelling (compared to 1,700 s.f. of ZO) o 65 ft. lot width(compared to 70 ft.) o Reduced front, side and rear yard setbacks Development requirements same as ZO, except — No garage doors facing front street — No alleys required — but alleys are inappropriate adjacent to thoroughfare, open space and existing residential without alleys. — Landscaped berm along F.M. 544 in lieu of perimeter screen wall. Realigns Elm Drive as minor street, leaves Alanis as total responsibility of neighboring property. Transitional buffer against existing residences to SW and N, to be 12K lots backing w/trees. Tree preservation — save 25% of riparian trees 8 in. or larger and all hardwoods 8 in. or larger w/in 3 ft. of perimeter property line. HOA to own and maintain street medians, green belts and common areas. WISD school site available, discussions initiated. COW sewer, Eastfork water. Boundary discrepancy at Vinson Road must be reconciled at platting. 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE,AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY,ZONING CASE NUMBER 2004-19, TO PLANNED DEVELOPMENT(PD)DISTRICT ALLOWING FOR SINGLE-FAMILY RESIDENTIAL DEVELOPMENT OF VARIED DENSITIES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie,Texas,in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended: NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie,Texas,be,and the same is hereby,amended by amending the Zoning Map of the City of Wylie,to give the hereinafter described property a new zoning classification of Planned Development (PD) District for residential uses in accordance with development requirements described in the Conditions described in Attachments`B" and"C", attached hereto and made a part hereof, said property being described in Exhibit"A". SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City,as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance,as amended hereby,commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance,as the same HOW exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance,or parts thereof,by the enactment of this Ordinance,shall not be construed as abandoning any action now pending under or by virtue of such ordinance:nor shall it have the effect of discontinuing,abating,modifying or altering any penalty accruing or to accrue,nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2004. By John Monde,Mayor ATTEST: Carole Ehrlich,City Secretary Exhibit"A" Legal Description Zone Change#2004-19 BEING a 185.1449 acre tract of land situated in the E.M. Price Survey,Abstract No. 725, the D.W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey,Abstract No. 860, Collin County, Texas and the E.M. Price Survey, Abstract No. 1114,Dallas County, Texas, said tract being all of a 53.42 acre tract of land and a 134.33 acre tract of land conveyed by deed to Mrs. Thelma Rice by Lone Star Boat Co., recorded in Volume 561,Page 226,Deed Records, Collin County,Texas(D.R.C.C.T.) save and except parcels take for road rights-of-way and being more particularly described as follows: BEGINNING at a '/2" iron rod found for corner and being the intersection of the Westerly line of said 134.33 acre tract of land with the Northerly line of Vinson Road(a 60'ROW) said intersection point being at the most easterly corner of Twin Creeks Estates, an addition to the City of Wylie, recorded in Volume 72,Page 808,Map Records,Dallas County,Texas: THENCE N 47 degrees 41 minutes 51 seconds West, along an old fence line, and on the Easterly line of said Twin Creek Estates, a distance of 1276.47 feet to a'/2"iron rod found for corner: THENCE N 47 degrees 43 minutes 58 seconds West, continuing along said old fence line,and on said Twin Creek Estates easterly line, a distance of 360.95 feet to a'/2"iron rod found for corner: THENCE northwesterly, along an old fence line, the following three(3)calls: 1. THENCE N 47 degrees 01 minutes 33 seconds West,a distance of 218.23 feet to a'/2" iron rod found for corner: 2. THENCE N 47 degrees 31 minutes 52 seconds West,a distance of 404.96 feet to a'/2" iron rod found for corner: 3. THENCE N 47 degrees 18 minutes 48 seconds West,a distance of 327.40 feet to a'/2" iron rod found for corner and being the most northerly corner of a tract of land conveyed by deed to Larry Morgan,recorded in Volume 1449,Page 264,D.R.C.C.T.: THENCE S 48 degrees 28 minutes 56 seconds West, along a new fence and remains of old fence, and the Northwesterly line of said Larry Morgan tract of land, a distance of 262.83 feet to a 3/8" iron rod found for corner: THENCE S 34 degrees 24 minutes 05 seconds West, continuing on a new fence line and the Northwesterly line of said Lam Morgan tract of land to a point in an old fence line, a distance of 115.79 feet to a '/"iron rod set for corner: THENCE northerly, along an old fence line and along the meanderings of a creek bluff the following nine(9)calls: 1. THENCE N 16 degrees 10 minutes 57 seconds West,a distance of 184.51 feet to a 3/8" iron rod found for corner: 2. THENCE N 10 degrees 56 minutes 33 seconds East, a distance of 60.71 feet to a 3/8" iron rod found for corner: 3. THENCE N 14 degrees 46 minutes 10 seconds West,a distance of 37.08 feet to a 3/8" iron rod found for corner: 4. THENCE N 26 degrees 15 minutes 15 seconds West,a distance of 200.07 feet to a 3/8" iron rod found for corner: 5. THENCE N 23 degrees 31 minutes 48 seconds West,a distance of 56.70 feet to a 3/8" iron rod found for corner: 6. THENCE S 79 degrees 02 minutes 43 seconds West, a distance of 98.71 feet to a'/2"iron rod set for corner: 7. THENCE N 14 degrees 51 minutes 31 seconds West,a distance of 228.87 feet to a'/z" iron rod set for corner: 8. THENCE N 03 degrees 51 minutes 19 seconds W,a distance of 77.26 feet to a'/2"iron rod set for corner: 9. THENCE N 01 degrees 22 minutes 06 seconds E, a distance of 120.14 feet to an 18"Elm tree found for corner also serving as fence corner and being a point on the southerly line of said D. W. Williams Survey: THENCE easterly,along an old fence line, along the South line of said D.W. Williams Survey, the following four(4)calls: 1. THENCE S 89 degrees 46 minutes 03 seconds E, a distance of 659.55 feet to a'/z inch iron rod set for corner: 2. THENCE S 89 degrees 51 minutes 16 seconds E, a distance of 212.12 feet to a'/inch iron rod found for corner: 3. THENCE S 89 degrees 38 minutes 47 seconds E, a distance of 1135.88 feet to a 3/8" iron rod found for corner: 4. THENCE S 89 degrees 56 minutes 14 seconds E, a distance of 168.67 feet to a'/2"iron rod found for corner: THENCE North a distance of 532.51 feet to a '/2" iron rod found for corner: THENCE S 88 degrees 01 minutes 19 seconds E, a distance of 19.78 feet to a 3/8"iron rod found for corner and being a point in a Public road: THENCE North a distance of 1786.75 feet to a '/2" iron rod found for corner and being a point on the South line of the A. Atterberry Survey, Abstract No. 23, said point also being the Northeast corner of a tract of land conveyed by deed to Darlene Ceilley, recorded in Volume 5020,Page 2287, and also being in a tract of land conveyed by deed to Michael Hood, recorded in County Clerk's File No. 95-0056731,D.R.C.C.T.: THENCE East along the South line of said A. Atterberry Survey, and along the south line of said Hood tract of land, a distance of 1220.11 feet to a'/z"iron rod found for corner, and being a point on the Westerly line of Farm to Market Road 544 (a 90' ROW): THENCE along the westerly line of said Farm to Market Road 544 the following eight(8)calls: 1. THENCE S 04 degrees 31 minutes 19 seconds E,passing a wooden right-of-way marker at a distance of 208.24 feet and continuing for a total distance of 21190 feet to a '/z"iron rod set for corner and being the beginning of a non-tangent curve to the right haying a central angle of 04 degrees 57 minutes 44 seconds,a radius of 2819.79 feet and a chord which bears S 02 degrees 02 minutes 28 seconds E, a distance of 244.14 feet: 2. THENCE southeasterly, along the said curve to the right, a distance of 244.21 feet to a '/2" iron rod found for corner and being the end of said curve: 3. THENCE S 00 degrees 28 minutes 42 seconds W, a distance of 1217.75 feet to a'/z"iron rod set for corner: 4. THENCE S 00 degrees 52 minutes 55 seconds E, a distance of 108.89 feet to a 3/8" iron rod found for corner and being the beginning of a cutback line in said Farm to Market 544 westerly line: 5. THENCE S 44 degrees 16 minutes 48 seconds W, a distance of 37.41 feet to a'/z" iron rod set for corner: 6. THENCE S 00 degrees 52 minutes 55 seconds E,passing the common property line of said 134.33 acre and 53.42 acre at a distance of 20.00 feet and continuing for a total distance of 40.00 feet to a'/z"iron rod set for corner: 7. THENCE S 44 degrees 27 minutes 55 seconds E, a distance of 38.48 feet to a'/z"iron rod set for corner: 8. THENCE S 00 degrees 52 minutes 55 seconds E, a distance of 1926.55 feet to a '/z"iron rod set for corner: THENCE S 48 degrees 20 minutes 46 seconds W, a distance of 65.70 feet to a'/z"iron rod set for corner: THENCE N 88 degrees 30 minutes 46 seconds E,a distance of 133.60 feet to a'/z"iron rod set for corner and being a point on a County Public Access Road: THENCE S 47 degrees 02 minutes 55 seconds E, along said County Public Road, a distance of 136.82 feet to a '/2" iron rod set for corner: THENCE S 89 degrees 59 minutes 18 seconds W, along the North line of a tract of land conveyed by deed to Bill Kreymer in Volume 222,Page 423 of the Deed Records,Dallas County, Texas, a distance of 372.73 feet to a'/z"iron rod set for corner: THENCE S 36 degrees 59 minutes 18 seconds W,along the Northwesterly line of a dedicated portion of Vinson Road and the Northwesterly line of said Kreymer tract of land,a distance of 1094.11 feet to a '/2" iron rod set for corner and being the Northwesterly corner of said Bill Kreymer tract of land and the Southwesterly corner of said 134.33 acre tract of land: THENCE N 46 degrees 12 minutes 49 seconds W, crossing Vinson Road,a distance of 175.74 feet to the POINT OF BEGINNING and containing 8,064,912 square feet or 185.1449 acres of land. Deleted:¶ ExhExhibit`B" Legal D«�»¶ Legal Description¶ CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT zc#2OO4-191j Rice Creek Estates (TO Follow)¶ Zoning Case#2004-19 ¶ Planned Development Requirements: ¶ L Statement of Purpose: The purpose of this Planned Development District is to permit the development of RICE CREEK ESTATES. ¶ ¶ II. Statement of Effect: This Planned Development shall not effect any regulation found ¶ in the Comprehensive Zoning Ordinance as adopted and amended, except as specifically provided herein: ¶ III. General Regulations: All regulations providing for a Village Center District as set forth in Section 3.3 Village Residential Districts of the current Comprehensive Zoning ¶ Ordinance are included by reference and shall apply, except as otherwise specified under the special provisions hereunder. The conditions contained herein and the ¶ conditions of the current Comprehensive Zoning Ordinance,which are not amended by this Planned Development, shall constitute all the zoning requirements applicable ¶ to this Planned Development. ¶ Page Break Concept Plan: Development shall be in conformance with the Concept Plan attached ¶ herewith:however,in the event of conflict between the Concept Plan and the written conditions of this ordinance, the written conditions shall apply. Subsequent Submittals: A Development Plan shall be submitted for public hearing review and approval of the Planning and Zoning Commission and City Council. The Development Plan shall conform to the approved Concept Plan and conditions of the Planned Development, and shall serve as the Preliminary Plat. IV. Specific Regulations: i. General Residential Regulations 1. Density: The maximum number of Single Family Dwelling touts permitted in this Planned Development shall not exceed 600 S.F. Units. 2. Lot Mix: A minimum of 35%of the Single Family Lots will be 10,000 sf or greater.No Single Family lot shall be less than 8,500. For the purposes of determining these percentages,all calculations shall be on a cumulative basis. 3. Alleys shall not be required as part of this Planned Development. However, no garages shall face the street in front of each Single Family Lot. This can be accomplished either through swing driveways or alleys. Garages may face the street on a corner lot side yard. 4. Distribution of the Single Family Dwelling Unit types shall be distributed within the development as shown on the Development Plan/Preliminary Plat submitted with each phase. ii. Single Family 1. Lot Area: The minimum permitted lot areas are: a. Lot Type"A": 10,000 s.f. b. Lot Type`B": 8,500 s.f. 2. Lot Width: The minimum permitted lot widths(measured at the building line)are: a. Lot Type"A": 70 feet b. Lot Type`B": 65 feet 3. Lot Width of Corner Lots: The minimum lot widths of corner lots (measured at the building line) are: a. Lot Type"A": 75 feet b. Lot Type`B": 70 feet 4. Lot Depth: The minimum permitted lot depths are: a. Lot Type"A": 100 feet b. Lot Type`B": 100 feet 5. Lot Depth in Double Front Lots: The minimum permitted lot depths on double front lots are: a. Lot Type"A": 120 feet b. Lot Type`B": 120 feet 6. Minimum Dwelling Unit Square Frontage: The minimum permitted dwelling unit square footages are: a. Lot Type"A": 2,000 s.f. b. Lot Type`B": 1,900 s.f. 7. Main Structure Front Yard: The minimum Front Yard Setbacks are: a. Lot Type"A": 25 feet b. Lot Type`B": 20 feet 8. Main Structure Side Yard:The minimum permitted side yards(measured at the building line)are: a. Lot Type"A": 10%lot width b. Lot Type`B": 10%lot width 9. Main Structure Side yard on Corner Lot: The minimum permitted side yard setbacks adjacent to a street are: a. Lot Type"A": 15 feet b. Lot Type`B": 15 feet 10.Main Structure Rear Yard: The minimum permitted rear yards shall be the lesser of: a. Lot Type"A": 20 feet b. Lot Type`B": 20 feet 11.Main Structure Rear Yard on Double Front Lots: The minimum permitted rear yards on double front lots are: a. Lot Type"A": 30 feet b. Lot Type`B": 30 feet 12.Main Structure Height: The maximum building height of any residential main structure shall not exceed 36 feet on all lot types. 13.Permitted uses: Permitted in all Single Family Residential Districts shall include the uses specified in the SF 8.5/17 District,except that Day Care Facilities shall be allowed a permitted use without a Special Use Permit. A retirement home, nursing home, and assisted living facility shall be a permitted use without a Special Use Permit on the Property. 14. Accessory Structure Front Yard: Accessory structures shall be located behind the building line of the main structure for all lot types. 15. Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. 16. Accessory Structure Rear Yard: The minimum permitted rear yard for accessory structures shall be 10%of the lot depth for all lot types. 17. Accessory Structure Rear Yard on Double Front Lots: The minimum permitted rear yard for accessory structures on double front lots shall be 25 feet for all lot types. 18. Accessory Structure Side Yard on Corner Lots: The minimum accessory structure side yards on corner lots are 10 feet for all lots. 19. Accessory Structure Minimum Distance from Main Building: The minimum separation between the main building and an accessory building shall be 5 feet for all lot types. 20. Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed a 600 s.f. maximum. This does not limit amenity centers that are part of a single family development. 21. Accessory Structure Height: The maximum building height of any accessory structure shall not exceed a maximum height of 36 feet or 2 stories on all lot types. V. Single Family Base and Desirable Requirements of the Village Residential District (Figure 3-14) shall apply fully to all phases of the Planned Development. 1.A landscaped berm and split rail fence shall be allowed along FM 544 in place of the required masonry screening wall. The berm shall be maintained by the HOA. VI. Common Area Platting: All street medians, green belts and common areas not dedicated to the City must be maintained by the HOA,and shall be clearly delineated as such and the acreage shown for each common area on the final subdivision plat. VIL Tree Preservation: Toward the goal of preserving as many existing trees(8 in.caliper or larger) possible, a tree management plan provided by the owner as preserves at least 25%of the riparian tree cover shall be approved by the director of planning prior to commencement of an grading or infrastructure or improvements within the area of this Planned Development. VIII. Landscape Zone: In an effort to preserve the agricultural heritage of the Rice farm,as indicated by the existing fence line trees, the developer shall preserve all hardwood trees with a caliper of 8 inches or greater located within an edge zone that extends 3 feet from perimeter property line. IX. Screening and Landscape: A screening and landscape berm shall be provided along FM 544. The berm shall have a sculpted,undulating form. A conceptual landscape plan to be provided with the Preluninnary Plat. X. Transition Zone:In an effort to make a land use transition from the existing homes in the Twin Creek Ranch Subdivision, the developer shall establish an edge, one lot deep, of lots along the south eastern property line of this development that have a minimum lot size of 10,000 square foot and a minimum house size of 2,000 sf In an effort to make a land use transition from the existing Pulliam residence north of the Property,the developer shall either: (1)Establish an edge,one lot deep,of lots along the northern property line of this development that have a minimum lot size of 10,000 square foot and a minimum house size of 2,000 sf. or(2) Create a thirty foot(30') landscape buffer between the Pulliam property and Rice Creek Estates that will be planted with evergreen trees thirty feet(30')on center along the edge of the property. XI. Homeowners Association: Prior to the issuance of a certificate of occupancy for any dwelling unit, a set of bylaws and/or other restrictive and appropriate covenants and/or homeowner's agreement as approved by the City Attorney and duly recorded in the Deed Records of Collin County, to establish and maintain a Homeowner's Association for the ownership and maintenance of all non-dedicated common areas and improvements within the Planned Development District, shall be filed with the Building Inspections Department. XIL The Developer of the Rice Creek Estates has met with the Wylie Independent School District and discussed the following terms for an elementary school site in Rice Creek Estates: i. A mutually agreeable site within Rice Creek Estates. ii. The exact size, location, and circulation pattern shall be shown on the Development Plan submittal for that portion of the Planned Development. �P j 11 1 1 WYLIE grl w ') — .\ ', k-- i / r,��7, I" l ME,„,„ak ——— k,„ "1/7 1 / , SUBJECT S'°/ L, v i //PROPER"TY �" 6 -', �. / l' .E— ` I I VICINITY MAP .._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._..� NTS i i I 1 I 1 I' II i !I /I I'I i1 ' I ! i i I f 'I ii II 'i I,I , • 7 1 _� I I ' ELM DR-IV +'-- -- -- / I � i ''r I ! i I i I I i i i I I i ZONE 1 i i TYPES "A" & "B" 107.8 ACRES ! i i i i 1_ _i i 4 ...�- ,„ --may flf i 1 PARK ff,--f'� - v�- i 1 ! I \'��`� ,f TYPE A ZONE 2 1 I / I ! ,-,..7 �'`•.� 77.4 ACRES \ /" , \ � i ���} N \ i 1 / ` \; �. \\ i 78 / \ \♦ ),Z �•. "S N. �. �' • ., ♦ I . COLLIN COUNTY / \DALLAS COUNTY(,'� /'v —--.r.._.._..-. • • ;� /\ ' / ��, /.// \ '�..` / \ I \ /. , 'cp4.•, ,,,,,/ , /\ , / /QI// '/ \� / �S i �.. i. / N RICE PROPERTY i,,,, ZONING EXHIBIT '185.2 ACRE RICE TRACT WYLIE, TEXAS 1 CCA CKENNEDYONSULTING, INC SCALE: 1"=400' 808 SOUTH COLLEGE STREET, SUITE 300, MCKINNEY, TX 75069 972-542-1754 10/15/04 - Deleted: Exhibit "B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Rice Creek Estates Zoning Case #2004-19 Planned Development Requirements: L Statement of Purpose: The purpose of this Planned Development District is to permit the development of RICE CREEK ESTATES. II. Statement of Effect: This Planned Development shall not effect any regulation found in the Comprehensive Zoning Ordinance as adopted and amended, except as specifically provided herein; III. General Regulations: All regulations providing for a Village Center District as set forth in Section 3.3 Village Residential Districts of the current Comprehensive Zoning Ordinance are included by reference and shall apply, except as otherwise specified under the special provisions hereunder. The conditions contained herein and the conditions of the current Comprehensive Zoning Ordinance, which are not amended by this Planned Development, shall constitute all the zoning requirements applicable to this Planned Development. Concept Plan: Development shall be in conformance with the Concept Plan attached herewith; however, in the event of conflict between the Concept Plan and the written conditions of this ordinance, the written conditions shall apply. Subsequent Submittals: A Development Plan shall be submitted for public hearing review and approval of the Planning and Zoning Commission and City Council. The Development Plan shall conform to the approved Concept Plan and conditions of the Planned Development, and shall serve as the Preliminary Plat. IV. Specific Regulations: i. General Residential Regulations 1. Density: The maximum number of Single Family Dwelling units permitted in this Planned Development shall not exceed 600 S.F. Units. 2. Lot Mix: A minimum of 10% of the Single Family Lots will be in excess of 12,000 sf. A minimum of 35% of the Single Family Lots will be 10,000 sf or greater. No Single Family lot shall be less than 8,500. For the purposes of determining these percentages, all calculations shall be on a cumulative basis. 3. Alleys shall not be required as part of this Planned Development. However, no garages shall face the street in front of each Single Family Lot. This can be accomplished either through swing driveways or alleys. Garages may face the street on a corner lot side yard. 4. Distribution of the Single Family Dwelling Unit types shall be distributed within the development as shown on the Development Plan/Preliminary Plat submitted with each phase. 5. The average house size for a residence in Rice Creek Estates shall exceed 2,400 sf for the entire development. - Deleted: ii. Single Family 1. Lot Area: The minimum permitted lot areas are: a. Lot Type "A": 10,000 s.f. b. Lot Type "B": 8,500 s.f. 2. Lot Width: The minimum permitted lot widths (measured at the building line) are: a. Lot Type "A": 70 feet b. Lot Type "B": 65 feet - Deleted: 3. Lot Width of Corner Lots: The minimum lot widths of corner lots (measured at the building line) are: a. Lot Type "A": 75 feet b. Lot Type "B": 70 feet 4. Lot Depth: The minimum permitted lot depths are: a. Lot Type "A": 100 feet b. Lot Type "B": 100 feet 5. Lot Depth in Double Front Lots: The minimum permitted lot depths on double front lots are: a. Lot Type "A": 120 feet b. Lot Type "B": 120 feet 6. Minimum Dwelling Unit Square Frontage: The minimum permitted dwelling unit square footages are: a. Lot Type "A": 2,000 s.f. b. Lot Type "B": 1,900 s.f. 7. Main Structure Front Yard: The minimum Front Yard Setbacks are: a. Lot Type "A": 25 feet b. Lot Type "B": 20 feet - Deleted: 8. Main Structure Side Yard: The minimum permitted side yards (measured at the building line) are: a. Lot Type "A": 10% lot width b. Lot Type "B": 10% lot width - Deleted: 9. Main Structure Side yard on Corner Lot: The minimum permitted side yard setbacks adjacent to a street are: a. Lot Type "A": 15 feet b. Lot Type "B": 15 feet 10. Main Structure Rear Yard: The minimum permitted rear yards shall be the lesser of: a. Lot Type "A": 20 feet b. Lot Type "B": 20 feet - Deleted: 11. Main Structure Rear Yard on Double Front Lots: The minimum permitted rear yards on double front lots are: a. Lot Type "A": 30 feet b. Lot Type "B": 30 feet 12. Main Structure Height: The maximum building height of any residential main structure shall not exceed 36 feet on all lot types. 13. Permitted uses: Permitted in all Single Family Residential Districts shall include the uses specified in the SF 8.5/17 District, except that Day Care Facilities shall be allowed a permitted use without a Special Use Permit. A retirement home, nursing home, and assisted living facility shall be a permitted use without a Special Use Permit on the Property. 14. Accessory Structure Front Yard: Accessory structures shall be located behind the building line of the main structure for all lot types. 15. Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. 16. Accessory Structure Rear Yard: The minimum permitted rear yard for accessory structures shall be 10% of the lot depth for all lot types. 17. Accessory Structure Rear Yard on Double Front Lots: The minimum permitted rear yard for accessory structures on double front lots shall be 25 feet for all lot types. 18. Accessory Structure Side Yard on Corner Lots: The minimum accessory structure side yards on corner lots are 10 feet for all lots. 19. Accessory Structure Minimum Distance from Main Building: The minimum separation between the main building and an accessory building shall be 5 feet for all lot types. 20. Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed a 600 s.f. maximum. This does not limit amenity centers that are part of a single family development. - Deleted: 21. Accessory Structure Height: The maximum building height of any accessory structure shall not exceed a maximum height of 36 feet or 2 stories on all lot types. V. ,Single Family Base and Desirable Requirements of the Village Residential,,, r Deleted: District (Figure 3-14) shall apply fully to all phases of the Planned Development. �v 1.A landscaped berm and split rail fence shall be allowed along FM 544 in Formatte place of the required masonry screening wall. The berm shall be planted with a Deletes: combination of hardwood and evergreen trees, irrigated by an underground system, and grassed with Bermuda, buffalo, or a rye/Bermuda mix. All open space areas will be maintained by the HOA. - Deleted: VI. Common Area Platting: All street medians, green belts and common areas not ¶ dedicated to the City must be maintained by the HOA, and shall be clearly delineated as such and the acreage shown for each common area on the final subdivision plat. VII. Tree Preservation: Toward the goal of preserving as many existing trees (8 in. caliper or larger) possible, a tree management plan provided by the owner as preserves at least 25% of the riparian tree cover shall be approved by the director of planning prior to commencement of an grading or infrastructure or improvements within the area of this Planned Development. VIII. Landscape Zone: In an effort to preserve the agricultural heritage of the Rice farm, as indicated by the existing fence line trees, the developer shall preserve all hardwood trees with a caliper of 8 inches or greater located within an edge zone that extends 3 feet from perimeter property line. IX. Screening and Landscape: A screening and landscape berm shall be provided along FM 544 in lieu of the brick screening wall . The berm shall have a sculpted, undulating form. A conceptual landscape plan to be provided with the Preliminary Plat. X. Transition Zone: In an effort to make a land use transition from the existing homes in the Twin Creek Ranch Subdivision, the developer shall establish an edge, one lot deep, of lots along the south eastern property line of this development that have a minimum lot size of 10,000 square foot and a minimum house size of 2,000 sf. In an effort to make a land use transition from the existing Pulliam residence north of the Property, the developer shall: (1) Establish an edge, one lot deep, of lots along the northern property line of this development that have a minimum lot size of 12,000 square foot and a minimum house size of 2,400 sf. and (2) Create a thirty foot (30') landscape buffer between the Pulliam property and Rice Creek Estates that will be planted with evergreen trees thirty feet (30') on center along the edge of the property. XI. Homeowners Association: Prior to the issuance of a certificate of occupancy for any dwelling unit, a set of bylaws and/or other restrictive and appropriate covenants and/or homeowner's agreement as approved by the City Attorney and duly recorded in the Deed Records of Collin County, to establish and maintain a Homeowner's Association for the ownership and maintenance of all non- dedicated common areas and improvements within the Planned Development District, shall be filed with the Building Inspections Department. XII. Amenity Centers: The developer will construct two amenity centers in the Subdivision. Each amenity center will feature a pool, playground, and cabana. These amenity centers will be for the residents of Rice Creek Estates only and be maintained by the HOA. XIII. The Developer of the Rice Creek Estates has met with the Wylie Independent School District and discussed the following terms for an elementary school site in Rice Creek Estates: i. A mutually agreeable site within Rice Creek Estates. ii. The exact size, location, and circulation pattern shall be shown on the Development Plan submittal for that portion of the Planned Development. CITY OF WYLIE Item No. 2. city Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: October 26, 2004 Other: Department: Library Prepared By: Mignon Morse, Library Director Date Prepared: October 15, 2004 Exhibits: Bylaws AGENDA SUBJECT: Review and Accept Amendments to the City of Wylie Library Advisory Board Bylaws. RECOMMENDED ACTION: Approve the amended bylaws. SUMMARY: Attached is a copy of the bylaws that were approved by the Library Advisory Board on October 11, 2004. The changes are bolded in the proposed bylaws and listed below: Article III. Section 1. The officers will be chairperson and vice-chairperson. The position of secretary was deleted since staff serves as a secretary. Article VI Section 1 Board member shall be sworn in within 15 days of appointment or considered resigned. Article VI Section 1 Bylaw changes will be distributed to board members 72 hours in advance rather than 10 days in advance. The Library Board recommends adopting changes to the bylaw. There are no financial considerations. APPROVED BY: Initial Date Department Director: AIM \ 10/15/04 City Manager: A 1 AGENDA SUBJECT: SUMMARY: (Continued) 2 RITA AND TRUETT SMITH PUBLIC LIBRARY LIBRARY ADVISORY BOARD BYLAWS ARTICLE I Name As authorized by the City Charter, City of Wylie and City Ordinance No. 92-2. This body shall be known as the Rita and Truett Smith Public Library Advisory Board. ARTICLE II Meetings Section 1. The regular meeting of the Library Advisory Board shall be held bi-monthly or more often if needed at the Library unless the Board determines otherwise. Section 2. Special meetings may be called by the Chair or at the call of any two members of the Board, provided that notice thereof is given to all Board members. Section 3. A majority of the members shall constitute a quorum at all meetings of the Board. Should a quorum not be available for any regular meeting, the board liaison will schedule a meeting where a quorum can be present as close to the regularly scheduled meeting as possible and post such meeting according to the Open Meetings Regulations. Section 4. All questions presented for a vote of the Library Board shall be decided by a simple majority of the quorum, including the vote of the Chair. Section 5. Any member of the Board who misses three consecutive meetings without good cause, or neglects to notify the board liaison of such absence with good cause shall be deemed to have resigned, and the Board will recommend to City Council that a replacement be appointed for the balance of the unexpired term. I Section 6. Robert's Rules of Order (current edition) shall govern the parliamentary procedure of the Board, in cases to which they are applicable and in which they are not inconsistent with these by-laws. ARTICLE III Officers Section 1. The officers of the Board shall be a Chairperson and a Vice- Chairperson. Section 2. Officers shall be elected and take office at the first regular meeting after new Board members have been appointed and sworn in. Section 3. Vacancies in office shall be handled as follows: (a) In the event of resignation or incapacity of the Chair, the Vice- Chair shall become the Chair for the unexpired portion of the term. (b) Vacancies in officers other than the Chair shall be filled for the unexpired term by election from the remaining Library Advisory Board Members. Section 4. Duties of the officers shall be as follows: (a) Chair: (i) Preside at all meetings. (ii) Represent the Library Board at public functions. (iii) Appoint special committees. (iv) Assist Library Director in establishing the agenda for each meeting. Agenda items requested by any Board Member Member will be included. (b) Vice-Chair: (i) Assist the Chair in directing the affairs of the Board and act in the Chair's absence. 2 (c) Secretary: (i) The secretary will be responsible for compiling and recording of all minutes. (ii) The Library Director will be responsible for distributing minutes to the, City Council, Library Advisory Board, and City Manager. An official record of attendance will be kept in the minutes. ARTICLE IV Committees Section 1. Committees may be appointed for special purposes by the Chair and with the consent of the majority of the Board. All committees will have at least one Library Board member serving on them. These committees are automatically dissolved upon completion of assignment. Section 2. Progress reports will be given at each Board Meeting and a final report on completion of assignments. ARTICLE V Library Director Section 1. The Library Director shall be an ex-officio Board Liaison member of the Board. Section 2. The Library Director shall have sole charge of the Administration of the Library under the direction and review of the City Council and City Manager. Section 3. The Library Director shall be held responsible for the care of the building and equipment, for the employment and direction of the staff, for the efficiency of the Library 3 services to the public, and for the operations set forth in the annual budget. ARTICLE VI Powers and Duties of Board Members Section 1. Board Members shall: (a) Be appointed by the City Council. (b) Be sworn in within 15 days of appointment or considered resigned. (c) Abide by applicable ordinances of the City of Wylie. (c) Act in an advisory capacity to the City Council, City Manager and Library Director. (d) Recommend policies to govern the operation and program of the Library. (e) Assist in planning and give guidance for expansion of library facilities. (f) Assist in interpreting the policies and functions of the Library Department to the public. Encourage in every possible way the development and advancement of the public library ARTICLE VII Amendments Section 1. These by-laws may be amended by a majority vote at any regular meeting, provided all members have been notified of the proposed amendments 72 hours prior to the meeting as part of the agenda packet. Revised October 26, 2004 4 CITY OF WYLIE Item No. 3. city Secretczrr_v's Z;'se Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: October 26, 2004 Other: Department: Library Prepared By: Mignon Morse, Library Director Date Prepared: October 14, 2004 Exhibits: Letter to Lexie Campbell and applications AGENDA SUBJECT: Consider and Act upon filling the position of Library Board Member to replace Lexie Campbell for the unexpired term of June 2004 to June 2006 RECOMMENDED ACTION: Appoint new Library Advisory Board Member SUMMARY: Council appointed Lexie Campbell to the Library Advisory Board on June 22, 2004. Ms. Campbell has not been sworn as a Library Advisory Board Member, and she has missed two meetings. Based on this, the Library Director sent a letter on September 24, 2004, to request that she notify staff within five business days if she wanted to be sworn in and become a board member. To date, Ms. Campbell has not notified staff to make arrangements to be sworn in nor has she communicated to staff regarding the two meetings that were missed. Staff recommends the appointment of a new board member. The 2004 applications not appointed to a board are attached for your review and the letter to Lexie Campbell. There are no financial considerations. Article8, Section 20 set out the qualifications for members of the Library Advisory Board. Members of the Library Board must be a resident of the City of Wylie for at least 12 months preceding the date of appointment; be knowledgeable in the affairs of the City and be knowledgeable in the functions and activities of the Board. APPROVED BY: Initial Date Department Director: MM \ 10/14/04 City Manager: A 1 AGENDA SUBJECT: SUMMARY: (Continued) 2 September 24,2004 Ms. Lexie Campbell 1016 Canyon Lake Drive Wylie,Texas 75098 Dear Ms. Campbell: As you know the Rita and Truett Smith Public Library depends, in part on the Library Board. Unfortunately,the board cannot function without involvement from its membership. In reviewing our records,we note that you were appointed to the Board on June 22, 2004. And, since that date, you have not been sworn in or attended a meeting. By this letter, I am inquiring whether you will be willing to serve on the Board. I would like to hear from you within five(5) business days of this letter. If you are unable to serve at this time, I would be more than happy to keep your name on file for a future appointment. Thank you for your interest in the Library, especially the Library Board. If we can hear from you positively within the time frame mentioned suggested above,we will not pursue asking the Council for a replacement appointment. Respectfully submitted, Mignon Morse Library Director Cc: Mark Roath, City Manager Carole Erlich, City Secretary September 24,2004 Ms. Lexie Campbell 1016 Canyon Lake Drive Wylie,Texas 75098 Dear Ms. Campbell: As you know the Rita and Truett Smith Public Library depends, in part on the Library Board. Unfortunately,the board cannot function without involvement from its membership. In reviewing our records,we note that you were appointed to the Board on June 22, 2004. And, since that date, you have not been sworn in or attended a meeting. By this letter, I am inquiring whether you will be willing to serve on the Board. I would like to hear from you within five(5) business days of this letter. If you are unable to serve at this time, I would be more than happy to keep your name on file for a future appointment. Thank you for your interest in the Library, especially the Library Board. If we can hear from you positively within the time frame mentioned suggested above,we will not pursue asking the Council for a replacement appointment. Respectfully submitted, Mignon Morse Library Director Cc: Mark Roath, City Manager Carole Erlich, City Secretary CITY OF WYLIE Item No. #4 city Secretczrr_v's Z;'se Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: October 26, 2004 Other: Department: Engineering Prepared By: Chris Hoisted Date Prepared: 10/19/04 Exhibits: Resolution, Easements AGENDA SUBJECT: Consider and act upon approving Resolution No. 2004-24(R) declaring a public necessity for, and the public convenience will be served by, the taking, by acquisition or condemnation, of a sanitary sewer easement and four(4)temporary construction easements on the property owned by Larry Van Nelson and Wife Polly H. Nelson for a twenty five foot(25') sanitary sewer line, a twenty foot(20')temporary construction easement, a sixty foot(60')temporary construction easement, a two hundred eighty one square foot (281 sq. ft.)temporary construction easement and a six hundred seventeen square foot(617 sq. ft.)temporary construction easement located in the Richard D. Newman Survey, Abstract No. 660, Collin County, Texas and authorizing the City Manager or his designee and the law firm of Abernathy, Roeder, Boyd & Joplin, P.C. to do all things to effectuate the acquisition, by purchase or condemnation, of the easements. RECOMMENDED ACTION: Approval SUMMARY: The contractor for the North Texas Municipal Water District (NTMWD) is installing the gravity sewer lines necessary to connect the City's sewer system with the new Muddy Creek Regional Wastewater Treatment Plant. The northwest portion of the sewer line runs from the existing sewer lift station on SH 78 to the northwest corner of the Woodbridge golf course across the Nelson property. We have been unable to reach an agreement with Mr. Nelson and the proposed resolution will authorize the City Manager or his designee to acquire the easement by purchase or condemnation. APPROVED BY: Initial Date Department Director: CH \ 10/19/04 City Manager: A 1 AGENDA SUBJECT: SUMMARY: (Continued) 2 RESOLUTION NO. 2004-23(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE, BY PURCHASE OR CONDEMNATION, A SANITARY SEWER EASEMENT AND FOUR (4) TEMPORARY CONSTRUCTION EASEMENTS; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE THE EASEMENTS FOR THE BENEFIT OF EXTENDING SANITARY SEWER UTILITES; ESTABLISHING PROCEDURES FOR THE ACQUISITION, BY PURCHASE OR CONDEMNATION, OF THE EASEMENTS. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, by purchase or condemnation, of easements on the property described in Exhibits "A", "B", "C" and "D" and it is the City of Wylie, Texas' ("Wylie") intention to acquire, by purchase or condemnation, the easements on the property as set out and described in Exhibits "A", "B", "C" and "D" attached hereto and made a part of this resolution for all purposes (the "Property") as part of the Muddy Creek Outfall Sanitary Sewer Project of Wylie for the purpose of extending sanitary sewer utilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Council hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, by purchase or condemnation, of the easements described in Exhibits "A", "B", "C" and "D" and it is Wylie's intention to acquire, by purchase or condemnation, the easements as set out and described in Exhibits "A", "B", "C" and "D" attached hereto and made a part of this Resolution for the purpose of the Muddy Creek Outfall Sanitary Sewer Project of Wylie and for the purpose of extending sanitary sewer utilities. SECTION 2: The City Manager is hereby authorized to contract, on behalf of Wylie, with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with acquisition, by purchase or condemnation, of the easements for the Muddy Creek Outfall Sanitary Sewer Project. SECTION 3: After consideration of said recommendation, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of the easements. SECTION 4: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition, the City Manager is authorized to communicate a written offer to the owner of said Property for acquisition of said easements at the full amount determined and established to be just compensation therefore, and to negotiate with said owner on behalf of Wylie. SECTION 5: That the City Manager be and is hereby authorized to execute all documents necessary to acquire the easements needed for said project, on behalf of Wylie. SECTION 6: Should the City Manager be unable to acquire the easements by purchasing the same, the City Manager is authorized to instruct the City Attorney's Office to commence condemnation proceedings for the acquisition of the easements. SECTION 7: That this resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 26 day of October, 2004. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE EHRLICH, City Secretary RESOLUTION 2004-23(R) Muddy Creek-Nelson Property Condemnation Page 2 AGENDA LANGUAGE Consider and act upon approving Resolution No. 2004-23(R) declaring a public necessity for, and the public convenience will be served by, the taking, by acquisition or condemnation, of a sanitary sewer easement and four (4)temporary construction easements on the property owned by Larry Van Nelson and Wife Polly H. Nelson for a twenty five foot(25') sanitary sewer line, a twenty foot(20')temporary construction easement, a sixty foot(60')temporary construction easement, a two hundred eighty one square foot(281 sq. ft.)temporary construction easement and a six hundred seventeen square foot(617 sq. ft.)temporary construction easement located in the Richard D. Newman Survey, Abstract No. 660, Collin County, Texas and authorizing the City Manager or his designee and the law firm of Abernathy, Roeder, Boyd & Joplin, P.C. to do all things to effectuate the acquisition, by purchase or condemnation, of the easements.