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06-10-2008 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda June 10, 2008 - 6:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. APPOINTMENT OF MAYOR PRO TEM • (MOTION TO REMOVE FROM TABLE) Consider, and act upon, appointment of the Mayor Pro Tern for a one year term beginning June 2008 and ending May 2009. June 10,2008 Wylie City Council Regular Meeting Agenda Page 2 of 5 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the May 27, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2008-27, amending Zoning Ordinance No. 2001-48 to provide for regulations of posting signs on property for zoning changes. (R. 011ie, Planning Director) C. Consider, and act upon, a Final Plat for First Baptist Church Addition creating one lot on 7.704 acres, generally located on the northwest corner of S.H. 78 and Oak Street. (R. 011ie, Planning Director) REGULAR AGENDA Public Hearings 1. Hold a Public Hearing, consider, and act upon, adopting new sign regulations, repealing Ordinance No. 2003-14 and repealing all conflicting ordinances. ZC2008- 07 (R. 011ie, Planning Director) Executive Summary Staff is requesting that this item be tabled until July 8, 2008 to allow the City Attorney to attend the meeting. However, because publication and notification of the zoning item has been completed in accordance with State Law, the public hearing must be opened and some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, continue the public hearing and table the item to the July 8,2008 Council meeting. 2. Hold a Public Hearing and consider, and act upon, an amendment to Zoning Ordinance 2001-48, Article 4 Non-Residential District Regulations, Article 5 Use Regulations and to the Official Zoning Map to create a Business Government District. ZC2008-06 (R. 011ie, Planning Director) Executive Summary The current Zoning Ordinance limits non-residential uses within residentially zoned areas. Under current regulations, a library, general/governmental offices are not allowed within Residential Districts. The establishment of a Business Government District will bring existing municipal facilities into conformance with the zoning regulations accommodate municipal facilities located within residentially zoned districts. The Business Government (BG) District is intended to serve as a pedestrian-friendly center for governmental, office, cultural, entertainment and light commercial uses. Several parcels throughout the city would be affected by this proposed zoning change. June 10,2008 Wylie City Council Regular Meeting Agenda Page 3 of 5 General Business 3. Consider, and act upon, all matters incident and related to approving and authorizing publication of notice of intention to issue of $15,000,000 Combination Tax and Revenue Certificates of Obligation, Series 2008 including the adoption of Resolution 2008-19(R) pertaining thereto. (L. Williamson, Finance Director) Executive Summary The citizens of Wylie approved the issuance of $26,985,000 General Obligation Bonds to build a new Library, City Hall and Recreation Center. The estimated cost to build these facilities is approximately $41,985,000. The $15,000,000 Certificates of Obligations are being sold to complete the funding for these projects.Debt Service for this obligation will be included in next year's I&S tax levy. 4. Consider, and act upon, Ordinance No. 2008-28 amending Section 2 of Ordinance No. 2007-36 and Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this ordinance, providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (J. Duscio, Police Chief) Executive Summary Due to increased pedestrian traffic attending Birmingham elementary staff is recommending a (20) miles per hour school zone on Westgate Dr. 1260 feet north of the intersection of Brown St. and 1170 feet south of Brown St. on school days. There is not an established school zone at this time. The location of the school is in close proximity to a residential neighborhood,two city parks and an elementary school. 5. Consider, and act upon, the appointment of a Council representative to the regional Emergency Preparedness Planning Council. (M. Manson, City Manager) Executive Summary In 2002 the Council of Governments created the regional Emergency Preparedness Planning Council (EPPC) in response to requests from elected officials that the various emergency preparedness plans be integrated and coordinated on a regional level. The EPPC meets every other month, and provides guidance and makes recommendations to the COG Executive Board and the Regional Emergency Preparedness Advisory Committee which is the technical arm(staff participants)of the initiative. 6. Consider, and act upon, Ordinance No. 2008-29 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of $65,000 for the purpose of purchasing Project 25 portable and mobile radios; providing for repealing, savings, and severability clauses; and providing for an effective date of this ordinance. (R. Corbin, Fire Chief) Executive Summary The City of Wylie will pay for an upgrade of the current analog and outdated 800 MHz portable and mobile radios. The old analog portable and mobile radios can be upgraded at a cost of approximately $1000 each. A new radio purchased at a later time costs approximately $2800. The reason for the savings is that Motorola and Nextel have provided this opportunity to each 800 MHz radio user. The City of Wylie will have Project 25 portable and mobile radios. Project 25 radios are the most compliant and best practices for interoperability. The Project 25 radios will work with a Digital and Analog system assuring the City of Wylie communications with any neighboring departments for years to come. 7. Consider, and act upon,Resolution No. 2008-20(R) to provide sanitary sewer service to a future Wylie Independent School District site located outside of the city limits. (C. Holsted, City Engineer) June 10,2008 Wylie City Council Regular Meeting Agenda Page 4 of 5 Executive Summary The Wylie Independent School District has identified a potential future school site located outside of the City of Wylie in the City of Lucas ETJ. The site is adjacent to and on the west side of FM 1378 across from the Seis Lagos development as shown on the attached display. WISD has requested sewer service for the site which will require the construction of an offsite sewer line connecting to the sewer system in the Creekside Development. Extension of the sewer line to the site will be the responsibility of the WISD. 8. Consider, and act upon, award of bid for solid waste services and authorizing the Mayor to enter into a contractual agreement with Community Waste Disposal L.P. for the provision of solid waste services in the City of Wylie. (I. Butters, Assistant City Manager) Executive Summary The City of Wylie's current solid waste disposal contract will expire August 31s`of this year. On March 25, 2008 the City Council appointed a solid waste citizens' advisory committee to provide feedback and advice to Council and staff on solid waste service issues. On April 10,2008 the committee met and discussed solid waste service issues. The issues expressed included; dissatisfaction with the current level of service, a need for an option for disposing of household hazardous waste (HHW), a different method of residential bulk pickup, a need for curb-side Christmas Tree pick-up, a need for a mulching program, an option for bulk removal following storms, and a concern that revenue generated from recycle collection should be shared with the City/residents. 9. Consider, and act upon, authorizing the Wylie Economic Development Corporation to enter into a Performance Agreement with T. W. Snider & Associates. (S. Satterwhite, WEDC Executive Director) Executive Summary Attached for your review is a Letter of Intent between the Wylie Economic Development Corporation (WEDC) and T.W. Snider & Associates (Snider). As per the terms of the attached Letter of Intent, the WEDC will be participating in the development of a garden-office complex consisting of 19,200 square feet of office condominiums. The site is located northeast and adjacent to the Brookshire's Shopping Center near the intersection of State Highway 78 and F.M. 544. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. WORK SESSION • Presentation, update, discussion, and direction related to revisions to the design development and construction of the new Library, Recreation Center and City Hall. (ARCHITEXAS, Architect/Holzman Moss, Architecture) RECONVENE INTO OPEN SESSION Take any action as a result from Work Session. June 10,2008 Wylie City Council Regular Meeting Agenda Page 5 of 5 ADJOURNMENT CERTIFICATION I cert5 that this Notice of Meeting was posted on this 6th day of June 2008 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE 1 Minutes Wylie City Council Tuesday, May 27, 2008 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Red Byboth, Councilman David Goss, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young. Councilwoman Kathy Spillyards was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Police Chief, John Duscio; Fire Chief, Randy Corbin; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Reverend Al Draper gave the Invocation and Boy Scout Troop 418 led the Pledge of Allegiance. Boy Scouts present were: Bricen Gibbons, Hayden Rhodes, Tyler Cacic, Zach Perdue, Christopher Perdue, Alex Cavazos, and Lester Brown. Leaders present were: Wendy Gibbons and Buddy Perdue. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Barbara Coombs residing at 1710 Stonecrest Trail, Wylie addressed Council stating that she had concerns regarding improvements to FM 1378 that were passed in the 2005 Bond Election. She explained that many of the citizens did not realize that the bonds included improvements to a 6 lane highway. She reported that a petition had been distributed and signed by many of the residents in objection to the 6 lane improvements in lieu of 4 lanes; noting concerns with air and noise pollution and pedestrian safety. She requested answers to whether the area would have sidewalks on both sides of the street and whether there would be trees and vegetation along the medians. Mayor Hogue reported that due to Open Meetings Laws, the issue could not be addressed by Council. He asked her to contact City Engineer, Chris Hoisted and City Manager Mindy Manson for further clarification of Minutes— May 27, 2008 Wylie City Council Page 1 the concerns and reported that she could submit her petition to staff as well. Mayor Hogue thanked Ms. Coombs for addressing Council. PRESENTATION • Presentation to 6th Six Weeks Star Students — Character Trait of"Citizenship". (E. Hogue, Mayor/Council) Mayor Hogue and Mayor Pro Tern Byboth presented medallions to students displaying the character trait of "Citizenship". Each six weeks, a student is chosen from each WISD campus displaying a specific character trait. APPOINTMENT OF MAYOR PRO TEM • Consider, and act upon, appointment of the Mayor Pro Tern for a one year term beginning May 2008 and ending May 2009. Council Action A motion was made by Councilman White, seconded by Councilman Goss to appoint Councilman Merrill Young as Mayor Pro Tern for a term beginning May of 2008 and ending May 2009. A vote was taken and failed 3-3, with Councilman White, Councilman Goss and Mayor Hogue voting for and Mayor Pro Tem Byboth, Councilman Porter and Councilman Young voting against. Councilwoman Kathy Spillyards was absent. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to table further action on the appointment of the Mayor Pro Tern for a one year term beginning May of 2008 and ending May 2009 to the June 10, 2008 Regular Council Meeting when the full Council was in attendance. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the May 13, 2008 Regular Meeting and the May 16, 2008 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2008-25 amending the zoning from Commercial Corridor (CC) District to Planned Development-Commercial Corridor (PD-CC) for commercial/retail uses, located at 3483 FM 544. ZC2008-04 (R. 011ie, Planning Director) Minutes— May 27, 2008 Wylie City Council Page 2 C. Consider, and act upon, Resolution No. 2008-16(R) authorizing submittal of grant applications to the North Central Texas Council of Governments for state solid waste implementation funds. (M. Sferra, Public Services Director) D. Consider, and act upon, a Final Plat for Bozman Farm Estates, Phase 2 creating 103 single family residential lots and 3 common areas/open spaces, generally located east of Troy Road and south of Stone Road. (R. 011ie, Planning Director) E. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports for the period ending April 30, 2008. (L. Williamson, Finance Director) F. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of April 30, 2008. (S. Satterwhite, WEDC Executive Director) G. Consider, and act upon, Resolution No. 2008-17(R) authorizing the Mayor to execute an Interjurisdictional Mutual Aid Agreement between the City of Wylie and Collin County for sharing of resources during an emergency, disaster and/or civil emergency incidents. (R. Corbin, Fire Chief) Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Councilwoman Kathy Spillyards absent. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, an amendment to Ordinance No. 2001-48 to provide for regulations of posting signs on property for zoning changes. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that prior to the 2001 Zoning Ordinance amendment, Section 35 was revised by Ordinance 98-23 to include requiring applicants to post signs on the subject property indicating a proposed zoning change. However, with the adoption of Zoning Ordinance No. 2001-48 this provision was repealed. She explained that at the direction of the Commission, staff has drafted an ordinance that will provide regulations for posting proposed zoning change signs on the property in question. The only addition to this policy was to add a $100. fee for signs that are not returned to the City by the zoning applicants. Public Hearing Mayor Hogue opened the Public Hearing on Zoning Case 2008-05 at 6:20 p.m. asking anyone present wishing to address Council to come forward and keep their comments to three minutes. No citizens were present to address Council regarding Zoning Case 2008-05. Minutes— May 27, 2008 Wylie City Council Page 3 Mayor Hogue closed the public hearing at 6:21 p.m. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Goss to approve Zoning Case No. 2008-05 amending Ordinance No. 2001-48 to provide for regulations of posting signs on property for zoning changes. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. General Business 2. Consider, and act upon, Ordinance No. 2008-26 amending Ordinance No. 2007-29 (2007-2008 Budget) for proposed mid-year amendments for fiscal year 2007-2008. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the mid-year budget amendments are generally intended to cover unanticipated and/or unavoidable revenue and expenditure adjustments to the adopted budget. The detail is attached for the requested items which are located within the General Fund. Additionally, the requests are further defined as neutral (matching revenues to expenditures), revenue increases, or expenditure increases. He reported that the amendments this year were kept to only those items that absolutely required additional funding. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Ordinance No. 2008-26 amending Ordinance No. 2007-29 (2007-2008 Budget) for proposed mid-year amendments for fiscal year 2007-2008. A vote was taken and passed 6-0 with Council woman Kathy Spillyards absent. 3. Consider, and act upon, Resolution No. 2008-18(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to McCreary Road. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the construction of McCreary Road south of FM 544 is scheduled to begin this month. One parcel of right of way at the intersection of FM 544 remains to be acquired. The parcel is approximately 4,701 square feet. Approval of the Resolution authorizes the City Manager to proceed with the acquisition of the remaining parcel by purchase or condemnation. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve Resolution No. 2008-18(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to McCreary Road. A vote was taken and passed 6-0 with Councilwoman Kathy Spillyards absent. Minutes—May 27, 2008 Wylie City Council Page 4 4. Consider, and act upon, the appointment of a 2008 Board and Commissions City Council Interview Panel to conduct the June 2008 board applicant interviews. (C. Ehrlich, City Secretary) Staff Comments Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until May 31st of each calendar year. Additionally, in June of each year, the applications are compiled into appointment timeframes to allow the three council member panel to interview each applicant and subsequently choose a list of applicants to recommend to the full Council to serve two year terms on the various boards. The terms are staggered so each year approximately half of the members serving on each board and commission are appointed. ]] Scheduled dates for interviews are set for June 5th, June 9th and June 12th from 5:30 to the final interview for each night. Council Discussion Mayor Hogue reported that Councilwoman Spillyards and Councilman White had indicated a desire to serve on the panel. He asked if there was anyone else desiring to serve. Councilman Goss stated that he would be willing to serve if this was the Council's pleasure. Councilman Porter reported that the Mayor Pro Tern generally chairs the board. Councilman Porter stated that he would recommend that Mayor Pro Tem Byboth, Councilwoman Spillyards, and Councilman White serve on the panel. Council Action A motion was made by Councilman Young, seconded by White to appoint the Mayor Pro Tern, Councilwoman Spillyards, and Councilman White to the 2008 Board and Commissions City Council Interview Panel to conduct the June 2008 board applicant interviews. A vote was taken and passed 6-0 with Councilwoman Kathy Spillyards absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance Nos. 2008-25 and 2008-26 into the official record. Mayor Hogue convened into Work Session at 6:35 p.m, after a 10 minute break. WORK SESSION • City of Wylie Financial Forecasts. (L. Williamson, Finance Director) City Manager Manson addressed Council stating that at the next regular scheduled City Council meeting there would be an item for consideration to approve a Resolution to publish the Notice of Intent to sell Certificates of Obligation for the funds over and above the funding included in the 2005 Bond Projects. She reported that the presentation tonight would show the current financial forecasts to include the impact the bond projects would have on the budget and future tax rates. She explained that the first page of the presentation displayed multi-year assumptions for revenues which had been slightly adjusted to reflect the current economy. She asked Minutes—May 27, 2008 Wylie City Council Page 5 Finance Director Williamson to explain the assumptions and long range plan in the presentation. Mr. Williamson gave financial updates regarding annual revenues and expenditures for FY 2008-2009 though 2015-2016. He reported in most cases there were slight increases each year in revenues from taxes, franchise payments, sales tax and other revenue generating services. Sales tax was estimated to increase by between 6%-14% over the next 6 years and then level to 4%-5%. Overall revenue was estimated to increase by 3% - 9% overall. Tax rate detail was presented showing the cost for each bond project and the impact each project would have on the annual tax rate. City Manager Manson explained that staff has included an option to postpone some of the projects for two years, to allow the tax rate to grow more slowly. The suggested projects included: Stone Road — Phase 2 (.02338 tax impact), Brown Street-East (.02104) tax impact, and City Hall (.05313 tax impact). Councilman White commented that the projects would be more costly if postponed and asked what the cost increase would be. City Engineer Hoisted replied that the cost would increase by at least 2% - 3%% inflation, over the next two years. Finance Director Williamson reported that if the City moved forward with the projects, the tax rate would be at .8986 in the next fiscal year and peak at .949084 in 2010. The rates would then begin to come down over the next 4 years. Overall this corresponds to a maximum annual increase of $316 in taxes for a homeowner with a property valued at $150,000. He explained that this maximum would be for one year and then begin to come down over the next several years. City Manager Manson reported that the tax rate forecasts had not changed much from the numbers that were presented to Council in early spring of this year. The Operations and Maintenance tax rate would remain constant through the next 8 years with only the debt tax rate adjusting upward due to the bond projects. She explained that keeping the 0 & M rate constant at .561950 would be a challenge for staff with the addition of staffing for the new facilities; some of which will be recouped through Recreation Center Fees. She noted that if the City was ever faced with a reduction in the tax rate, the reduction would impact the 0 & M which would probably cause a reduction in services and staffing. Mayor Hogue asked Council for any comments or concerns. Councilman Young stated that he would like to see the City stay the course regarding the bond projects. He commented that he believed if we go forward with the bond projects, we need to assess what we plan to do with some of the properties we presently have. Councilman White commented that he believed it was better to bear the cost now rather than pay the escalation in construction costs over the next couple of years. Councilman Goss voiced concerns with keeping the 0 & M tax rate constant and retaining the great staff the City currently employs. Mayor Pro Tern Byboth stated that the citizens voted for the bond project and the City needed to move forward being as fiscally prudent as possible. Mayor Hogue stated that he believed the projects should move forward based on current costs and the Council should support City staff in every way possible. "The cost of construction for these projects will only become more costly if postponed." Direction from Council was to move forward with an agenda item for the issuance of Certificates of Obligation for consideration by Council. Mayor Hogue convened into Regular Session at 7:25 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Work Session. Minutes— May 27, 2008 Wylie City Council Page 6 ADJOURNMENT With no further business before City Council, a motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to adjourn the meeting at 7:25 p.m. A vote was taken and • passed 6-0 with Councilwoman Spillyards absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes— May 27, 2008 Wylie City Council Page 7 Wylie City Council AGENDA REPORT CITY OF WYLIE Meeting Date: June 10, 2008 Item Number: C (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: May 22, 2008 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a Final Plat for First Baptist Church Addition creating one lot on 7.704 acres, generally located on the northwest corner of S.H. 78 and Oak Street. Recommendation Motion to approve a Final Plat for First Baptist Church establishing one lot on 7.704 acres, generally located on the northwest corner of S.H. 78 and Oak Street. Discussion The property totals 7.704 acres and creates and establishes one lot for a church/place of worship. The property is currently owned by First Baptist Church and currently consists of numerous lots on several different blocks. The Church wishes to expand its facilities as it has grown in membership as Wylie has grown in population. In order to accomplish their goals FBC has purchased several lots near the Downtown Historic District (DTH) over the years. Their current expansion plans, as presented to the City in 2007, call for buildings that would not have met the setback requirements. In addition, the growth of the Church has presented a safety issue as people regularly cross Marble and First streets to get from the parking lots to the church facilities. In order to solve both of those issues FBC asked the City to abandon the R.O.W. on First Street from Marble to Jefferson and Marble Street from the DTH boundary to Second Street. FBC's request was approved and the church paid the appraised value of the land to the City. In addition, FBC agreed to allow public access on the streets to the point in time when the expansion takes place. Therefore, the purpose of this plat is to incorporate the abandoned right-of-way into the adjacent platted lot(s), as required by Section 2.12 Abandonment of right-of-way of the Subdivision Ordinance. The Final Plat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission Discussion Commissioners discussed the future plans for construction. No one from the church was present. Staff stated that the church's initial goal is to allow access on the streets until such time they (the Church) are ready to build. Page 1 of 2 Page 2 of 2 At that time the lot would have to be replatted to remove the access drives at Marble & Second and to plat any new circulation, easements and/or fire lanes as a result of the new structures. Planning and Zoning Commission voted to recommend approval 5-0. 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Date Coun.anLw,b..a,wnen,Lmt.tn.aa.to awtkalw a,h,de,. pabea abhtx.na rana,e,a u. G: o a w r Wrl• a«txw r. J Ia EI .i .. E 8: b I o ale trItyI t tr dNx.,MaE x„tha rIVhta een ana Pd rwna�al w,�.t,l tt"wd,he�.r.nc aab• ,•I1r7C70,,, g - § sQ c5v ro°ta s CCE; ,, 0 aL a:B M yr I w 'ACCEPTED. MA'M from nta 9 an9 meters. 9 orremovh.al a pats a,mer respect.;ystem,.Rh«t ne ea e,r y -—- 41 r w I I t P pa9p DDa NEss mr ana,tna Ih. e a. Cltr e,wr ar the a,w„Ie,,..a..hw<er aY . Rxd,a.p ADdadN M,t],.�.9.D.Rc.cr. u..newN9n<a.u< 9.w C L ° L J 1—— CwtxN,,oat ue ur<9an9 Resat er ae DRed tAthe ,Coo, on,. n„a+, -—J /- y-.,�,.. J xE o.ca / of YOB* ,a. Aauw.,.e 9 ara ar 0.nw MARBLE STREET / bK f;ond.Illn:rfi Gera ill is�n�� g0,,u„ 1.1i,RBL..:`...?_' POINT aF r'a."nor) /Z b W.e th.a s per hie Dams'a•nweab' Fmtaa Ham.ane Tn. n Da BEGINNING- vT tP.S/ Wthese y ne tole clot AD.,20D0. EAST 189.52' •/�P m p IIN 'R °a t.aEMarv,Wn�51 ,•IE I a'' N� r <�,'T"°° e�,�n Oaha><Dorn°le,abawlbee tau.,:.Bald ..«-Dent one a<ena.I.eRed to me .,h<e+<«t<e the ewne,w u<Pama,e who<oneleWa.Ian,,nor<In 1] I LOT 1 --- BLOCK 1 DNPDEMR ^ i I .0b" LOT 1 roM Ac ES aiocK y e o Nato-Public P and for the state a Tens —y /Y �S J,°d'OVV ,/ cwhd withholding building permits. utilities one ur caDmm.h«ewn..on. FINAL PLAT § 14 J 3 JAMES TRUITT SURVEY Uri /J ,� , ; // FIRST BAPTIST CHURCH BLOCK B A-920 N /. -4^ • / ADDITION 1 ,,y/ a Lai y€ / NA,OF // N TABLE run,-s ea°"aina"` - x�a ouch aa. -- UNE DIRECTION DISTANCE I < .�s j� ,`� 7,1-i; -RI / ss cuum SMELT PG.a9..D.xcc A.PART Or A eg T)r BLOCK lei '1',g'En�'� m Le''t,n tR.s . �CK ADDITION .RC.C.T.) e -� '. i�+Ff iJ VS:, aL1 ,1d' ••I• tL12 SOUS, 11 de ie a ..7 z ,a.0a II(. J !I' sO Ja s.svl2rE <nz,10.55. AND BEING 0 , t„ roEWt� 7.704 ACRES NN- 1t uec r.wrvex_Lc sN IIr I.R.z ' ,�/I Wj1 �zC ® PIRJT BASCALE IN FEET PTIST CHURCH OF WYLIE SITUATED IN THE — ] J W e lv Iv W/c.R 4.' a IJn 9 a , -so Not<a. R WYLIE. TREET ,X]5o9a ,n ps. WEST 125.Od',/� R.s / N 89'54�00'W 188.9 j� ,i�i z. eO"` with P mmpea'GRIFFITH.e.b• "K°J=)uzsrnl JAMES TRUITT SURVEY ABSTRACT N0. RSE s / tff mw ass) / e,err I.R.S., IR]e)«=sls, CITY OF WYLIE,COLLIN COUNTY, TEXAS S 89'21'08*W / c unless otherelae Inal tad. ueo SORW_rw OAK STREET 70.00' / `^" ""' ,—X the set p GRIFFITHD JURRVAYINC CO..LLC ENGINEERING CONCEPTS 4 DESIGN L.P. (J0'FL.) / 1(KK5,e) // / recorded in cob.G. q 16.P.R.C.C.T. STREET c TX- >m / DAcc r. FAX °'z)94,N e m "Z reee-ere (ern PT. :s BLOCK- -II r BtOCN 19 /7 { wuc/ / /7 (972)9e1-0.01 DAM MAY J tore ®r®t s,mr t Dr t z:\PRMmeh..]0\e,R\I70 Ono!nal.a,a 71 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 10, 2008 Item Number: B (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: 05/28/08 Budgeted Amount: Exhibits: One Subject Consider, and act upon, Ordinance No. 2008-27, amending Zoning Ordinance No. 2001-48 to provide for regulations of posting signs on property for zoning changes. Recommendation Motion to approve Ordinance No. 2008-27, amending Zoning Ordinance No. 2001-48 to provide for regulations of posting signs on property for zoning changes. Discussion To amend, supplement, or change the regulations provided in the Zoning Ordinance requires passage of an Ordinance making the appropriate amendments; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. Zoning Ordinance 2001-48 Article 8 (DEVELOPMENT REVIEW PROCEDURES) Section 8.1 (ZONING- RELATED APPLICATIONS), Subsection A (General) of the Comprehensive Zoning Ordinance of the City, is amended herein by the granting of this Ordinance. Approved By Initial Date Department Director RO 05/28/08 City Manager Page 1 of 1 ORDINANCE NO. 2007-28 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 01-48 OF THE CITY OF WYLIE, TEXAS, BY AMENDING SECTION 8.1.A TO PROVIDE FOR REGULATIONS OF POSTING PROPERTY FOR ZONING CHANGES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Zoning Ordinance No. 2001-48, Article 8, Section 8.1, establishing regulations of posting property for zoning changes; and WHEREAS, Chapter 211 of the Texas Local Government Code only authorizes Wylie to establish zoning districts within the city limits; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Zoning Ordinance No. 2001-48, Article 8, Section 8.1, as set forth below. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Zoning Ordinance No. 2001-48 The City of Wylie's Comprehensive Zoning Ordinance No. 2001-48 is hereby, amended by the addition of Section 8.1.A.3, which shall read as follows: Ordinance No.2008-27 Amending Zoning Ordinance 2001-48 3. Posting property for zoning changes. Any person, firm or corporation requesting a change in zoning from one district classification to another district classification shall be required to place and maintain a sign or signs, provided by the Planning Department, upon the property for which a change in zoning has been requested, which sign or signs shall be located as follows: a. One sign for the first three hundred (300) feet of each street frontage and one sign for each additional one thousand (1,000) feet of street frontage, shall be located within thirty (30) feet of the abutting street, or as determined by the Director of the Planning Department or his/her designee. b. So as to be clearly visible and readable from the public right-of-way and not obstructed in any manner. c. So as not to create a hazard to traffic on the public rights-of-way abutting the property. d. On the subject property at least fifteen (15) days prior to the hearing of such zoning request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant. Removal of the sign by the applicant after a recommendation by the Planning and Zoning Commission shall constitute a withdrawal of the request. e. The signs, caused to be placed by the Planning Department shall be of a size, type, and message content as determined by the Director of the Planning Department but shall advise that rezoning is requested and shall list the telephone number of the Department of Planning for more information. f. Upon making an application for a zoning change, the Applicant will place sign(s) provided by the Planning Department as required by this section. After the zoning change is approved in final form by the City Council, denied by the City Council, or withdrawn by the applicant, the Applicant shall return the sign to the Planning Department within ten(10) days of such event. g. It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign which gives notice that a rezoning has been requested. h. In the event the applicant shall fail to place or maintain signs in accordance with Section 8.1.A.3, then the public hearing(s) before either the Planning and Zoning Commission or Ordinance No.2008-27 Amending Zoning Ordinance 2001-48 the City Council, shall be postponed to a date in the future which would allow time for compliance. i. The erection of any sign required by this section shall not require a permit under the city sign ordinance. j. The owner or applicant shall promptly notify the Planning Department to replace any sign required by this ordinance which becomes stolen or vandalized and a police report must be filed. The Planning shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of stolen or vandalized signs. k. Failure to return the sign in accordance with this Ordinance shall result in a fee of$100.00 charged to the applicant. No building permit or certificate of occupancy will be issued until all fees have been satisfied. SECTION 3: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a Ordinance No.2008-27 Amending Zoning Ordinance 2001-48 sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th day of June, 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—June 18, 2008 Ordinance No.2008-27 Amending Zoning Ordinance 2001-48 Wylie City Council C„itti ITY OF WYLIE fit AGENDA REPORT Meeting Date: June 10, 2008 Item Number: 1 Planning (City Secretary's Use Only) Department: Prepared By: Renae' 011ie Account Code: Date Prepared: 05/23/08 Budgeted Amount: Exhibits: Subject Hold a Public Hearing, consider, and act upon, adopting new sign regulations, repealing Ordinance No. 2003-14 and repealing all conflicting ordinances. ZC2008-07 Recommendation Motion to continue the public hearing and table Zoning Case 2008-07 until July 8, 2008. Discussion Staff is requesting that this item be tabled until July 8, 2008 to allow the City Attorney to attend the meeting. However, because publication and notification of the zoning item has been completed in accordance with State Law, the public hearing must be opened and some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, continue the public hearing and table the item to the July 8,2008 Council meeting. Approved By Initial Date Department Director RO 05/23/08 City Manager -C I v /c7' ' Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 10, 2008 Item Number: 2 Planning (City Secretary's Use Only) Department: Prepared By: Renae 011ie Account Code: Date Prepared: May 21, 2008 Budgeted Amount: Exhibits: 5 Subject Hold a Public Hearing and consider, and act upon, an amendment to Zoning Ordinance 2001-48, Article 4 Non- Residential District Regulations, Article 5 Use Regulations and to the Official Zoning Map to create a Business Government District. ZC2008-06 Recommendation Motion to amend Zoning Ordinance 2001-48, Article 4 Non-Residential District Regulations, Article 5 Use Regulations and the Official Zoning Map to create a Business Government District. ZC2008-06 Discussion Owner/Applicant: City of Wylie The current Zoning Ordinance limits non-residential uses within residentially zoned areas. Under current regulations, a library, general/governmental offices are not allowed within Residential Districts. The establishment of a Business Government District will bring existing municipal facilities into conformance with the zoning regulations accommodate municipal facilities located within residentially zoned districts. The Business Government (BG) District is intended to serve as a pedestrian-friendly center for governmental, office, cultural, entertainment and light commercial uses. Several parcels throughout the city would be affected by this proposed zoning change. 1. City-owned property (ABSTRACT A0563 MILLIRON, M, TRACT 2) generally located north of FM 544, south of FM 3412 (Brown Street) and east of FM 1378 (Country Club Road). The subject property consists of approximately 160 acres. The property was annexed in 1995 (Ordinance No. 95-51 & 95-52), and is zoned AG/30. Typically, properties annexed within the city are designated with Agricultural (AG/30) zoning category. This classification is considered temporary until permanent zoning is established by the Council or the proposed use is allowed within the AG/30 District. City-owned property (ABSTRACT A0196 CURTIS, JOHN W., TRACT 1,), generally located north of FM 544, south of FM 3412 (Brown Street) and west of FM 1378 (Country Club Road). The subject property consists of Page 1 of 3 Page 2 of 3 approximately 68 acres. The property was annexed in 1995 along with Tract 6, and is zoned AG/30. Properties to the north are currently zoned Agricultural, and are developed as single family uses. Properties to the west are zoned Agricultural and Planned Development for single family dwellings as well. The tracts are traversed by FM 1378 (Country Club Road); FM 3412 (Brown Street) to the north, and FM 544 to the south. Both FM 1378 and FM 3412 are scheduled for improvements (realigning & widening) in year 2008-09. Properties to the north are zoned Neighborhood Services (NS) and has been partially developed for retail service uses. Properties to the east are currently zoned Agricultural, and are developed as single family uses along the frontage of Brown Street. The tracts were acquired by the City of Wylie in January 2005 in conjunction with 2005 voter approved bond referendum, and subsequently selected for the site of the new Civic Center, consisting of city hall administration, library, and recreation facilities. 2. City-owned property, (ABSTRACT A0023 ATTEBURY, ALLEN, TRACT 23, ACRES 28.3920), located at 800 Thomas Street, currently the home of Smith Public Library. Although it is uncertain at this time how this building will be utilized once the new Library is constructed, its current zoning is SF-10/24 and is a non- conforming use. 3. City-owned property located at 949 Hensley Lane, currently housed by Public Works, Parks and Animal Control. The property is approximately 80 acres in size. In summary, the request to create a Business Government District would allow for current municipal facilities to be brought into conformity with Article 5 Land Use Charts and to establish a zoning category for future municipal facilities. In considering the parking requirements, the BG District shall utilize shared parking when buildings are developed as complexes. Providing parking through shared municipal lots placed behind pedestrian-oriented mixed-use streets, takes advantage of the fact that different land use types (i.e., municipal offices, recreational and entertainment) need parking at different times of the day, so the demand at any given time is less than the aggregation of demand of the individual uses. Utilizing such requirements eliminates large dead spaces that are not aesthetically pleasing and make it difficult for visitors to walk to building entrances. Typically, parking would be calculated on a cumulative basis for each proposed use. The BG District would allow for more relaxed parking requirements that adhere to pedestrian-friendly, more open space areas. The BG District shall comply with the provisions of Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended and conform to Article 4 Nonresidential Design Standards. Notification/Responses: Ninety-two (92) notifications were mailed, with one written response returned favoring the request and one written response opposing the request within the 200-foot notification buffer at the time of posting. Planning & Zoning Commission Discussion: The Commission discussed the listed uses as outlined in Article 5 Use Charts. Clarification was given that Subsection F. Retail, 21.e. Additional Provisions (6) BG District did not indicate that if a restaurant sold alcohol it would have to be incorporated into the Civic Center facility and be owned, operated, managed, or contracted through, in whole or in part by a governmental agency. It was further discussed and decided that this additional provision should be a separate line item to diffuse any confusion and have a clear understanding that this amendment is not suggesting or allowing the sale of alcohol on municipal property. Page 3 of 3 The Planning and Zoning Commission voted 6-0 to recommend approval with the following amendment: That Section F. Retail, 21.e. Additional Provisions (6) BG District reads as: Section F. Retail, 21.f. Additional Provisions BG District Six (6) notifications were mailed, to property owners within the 200-foot notification buffer, with no (0) responses at the time of posting. One response outside of the 200-foot notification buffer was submitted by WEDC. Approved By Initial Date Department Director RO 05/22/0,8�,.> City Manager k 6 15" Exhibit "A" Legal Description Zone Case#2008-06 BEING three tracts of land situated as follows: The M. Milliron Survey, Abstract No. 563, Tract 2 and containing 158.6647 acres and The John W. 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Definition: A Civic Center is a building or complex of buildings that house municipal offices and services,and which may include,but are not limited to. cultural,recreational,athletic,convention or entertainment facilities owned, managed, or operated.in whole or in part by a governmental agency. b. Permitted Districts: See Land use Charts in Section 5.1. c. Required Parking: Shared parking calculated at thirty percent(30%)of peak demand period based on use.Buildings must be designed as complexes with parking placed behind pedestrian-oriented walkways.The total number shall be determined during a site plan review process that considers: Library=One space for every 200 square feet of floor area. Office=One space for every 300 square feet of floor area. Recreational Center=The following general standards when applicable: i. One space for every 100 square feet of floor area for structures ii. Three spaces for every game court; iii. One space for every three seats in any assembly area; iv. Seventy spaces for every playing field used for league play. F. Retail,Personal Service& Commercial Uses 13. General Merchandise or Food Store 5,000 s.f.or less a. Definition:General merchandise or food store 5,000 square feet or less means a retail store with a floor area of 5,000 square feet or less for the sale or trade of general merchandise or food.Typical general merchandise includes clothing and other apparel,equipment for hobbies and sports,including bicycles,gifts,flowers and household plants,dry goods,toys,furniture,antiques,books and stationary, pets,drugs,auto parts and accessories,and similar consumer goods.The term"food store"includes a grocery,delicatessen,and convenience and specialty foods stores. This use does not include other uses in this article that are specifically listed. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof f. Additional Provisions: Formatted:Underline BG District: Use must be incorporated into the Civic Center facility and owned, managed,operated,or contracted through,in whole or in part by a governmental agency. 21. Restaurant without Drive-in or Drive-through Service a. Definition:Restaurant without drive-in or drive through service means an establishment principally for the sale and consumption of food on the premises. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every three seats under maximum seating arrangement with no fewer than 8 provided. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or fraction thereof e. Additional Provisions: Restaurants that sell alcohol shall be subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended,and to the following development criteria: (1) Restaurants are only permitted to sell alcohol by right if the subject property was located within the City limits as of May 13,2006. For property annexed into the City after May 13,2006,a restaurant that sells alcohol must obtain a permit for a Private Club from the Texas Alcoholic Beverage Commission for the ability to sell alcohol. (2) A restaurant that sells alcohol shall not be located closer than 300 feet to a church and/or public hospital measured along the property lines of the street fronts from front door to front door,and in direct lines across intersections. (3) A restaurant that sells alcohol shall not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line,and in direct lines across intersections. (4) The distance between a restaurant that sells alcohol and a private school can be increased to 1,000 feet if the City Council receives a request from the governing body of the private school to do so. (5) Restaurants that derive more than 75% of their revenue from the sale of alcohol are only permitted by specific use permit and may only be located in the zoning districts where the applicable type of restaurant is designated as "P*" on the Land Use Chart, Section 5.1, Subsection F, paragraph 20 or 21 of this Article 5. f. Additional Provisions for BG District: Restaurant Use must be incorporated Formatted:underline into the Civic Center facility and owned, managed, operated, or contracted through,in whole or in part by a governmental agency. ARTICLE 5 USE REGULATIONS FIGURE 5-2 DISTRICT ABBREVIATIONS ABBREVIATED ZONING DISTRICT NAME DESIGNATION Low-Density Residential Districts AG/30 Agricultural District SF-1A/30 Single Family—1 Acre Medium Density Residential Districts SF-20/26 Single Family -20 District SF-10/24 Single Family- 10 District High-Density Residential Districts TH Townhouse District MF Multifamily District MH Manufactured Home District Commercial Districts NS Neighborhood Services District CR Community Retail District CC Corridor Commercial District BG Business Government Industrial District LI Light Industrial District HI Heavy Industrial District Special Purpose and Overlay Districts PD Planned Development District FP Floodplain District DTH Downtown Historic District ARTICLE 5: USE REGULATIONS lil CITY OF WYLIE Zoning Ordinance FIGURE 5-3 LAND USE TABLES Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Residential Commercial Industrial Hist. Residential Residential AG/30 SF-1N SF-20/ SF-10/24 TH MF MH A.AGRICULTURAL&ANIMAL- NS CR CC BG L I H I DTH 30 26 RELATED S 1. Animal Boarding Kennel with S P Outside Pens S 2. Animal Boarding/Kennel S S P P P without Outside Pens p 3. Animal Production P* 4. Commercial Greenhouse or p* p* S P Nursery p P 5. Crop Production S 6. Stable(Commercial) P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit ARTICLE 5: USE REGULATIONS 83 PV CITY OFWYLI_E Zoning Ordinance • Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium- High-Density Commercial Industrial Hist. Residential Density Residential Residential AG/30 SF-IN SF-20/ SF-10/ TH MF MH B. RESIDENTIAL&LODGING NS CR CC BG L I H I DTH 30 26 24 , p 1. Assisted Living Apartment S P S S S S p 2. Bed&Breakfast Inn S p* P P 3. Boarding or Rooming House p* p* P • 4. Hotel or Motel S P P P P* p P P P P P p 5. Manufactured Home p 6. Manufactured Home Park P 7. Multifamily Dwelling p* p* p P 8. Single Family Dwelling,Attached p* p* p P P P 9. Single Family Dwelling, Detached P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit 84 ARTICLE 5: USE REGULATIONS I, CITY OF WY IE Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium- High-Density Commercial Industrial Hist. Residential Density Residential Residential AG/30 SF-1N SF-20/ SF-10/ TH MF MH C.INSTITUTIONAL&COMMUNITY NS CR CC BG L I H I DTH 30 26 24 SERVICE S S S S S S 1. Cemetery or Mausoleum P p p p p p p p 2. Church/House of Worship P P P P P P P 3. Civic Center p P P P P P P S S S 4. College or University S S P P P P 5. Cultural Arts Facility P* P* P P P P P S S S S S P S 6. Day Care Facility p* P* P* P* P* P* p P P P P P p 7. Group Home p P P P P P P 8. Hospital or Sanitarium p P 9. Library P P P P P P P 10.Mortuary or Funeral Home S P P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit ARTICLE 5: USE REGULATIONS 85 I/ Ciro;F WYLIE Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium- High-Density Commercial Industrial Hist. Residential Density Residential Residential _ AG/30 SF-IA/ SF-20/ SF-10/ TH MF MH C. INSTITUTIONAL&COMMUNITY NS CR CC BG L I H I DTH 30 26 24 SERVICE, CONT. p* 11. Nursing,Convalescent Home or p* p* Hospice p p p p P p p 12.School(Public or Private)Elementary p* p* p* P* P* P* P P P P p P P p 13. School(Public or Private)Secondary p* p* p* p* p* p* P 14.School, Business P P P P 15.School,Technical or Trade p P P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit 86 ARTICLE 5: USE REGULATIONS Pli CITY OF WY.F Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Hist. Residential Residential Residential AG/30 SF- SF-20/ SF-10/24 TH MF MH D.OFFICE NS CR CC BG L I H I DTH 1A/30 26 1. Financial Institution(with drive-thru) S S P SP 2. Financial Institution(without drive- p p p P P P thru) 3. General Office p p P P P P 4. Medical Clinic p* p P P* P* P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit ARTICLE 5: USE REGULATIONS 87 MI CITY OFWYLIE Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Hist. Residential Residential - Residential AG/30 SF-1A/ SF-20/ SF-10/ TH MF MH E.RECREATIONAL, NS CR CC BG L I HI DTH 30 26 24 ENTERTAINMENT& AMUSEMENT 1. Commercial Amusement or S P S S Recreation(Inside) 2. Commercial Amusement or S S S Recreation(Outside) P P P P P P p 3. Community Park, Recreation P P P P p p p Center,or Golf Course(Public) P P P P P P p 4. Country Club or Golf Course S S P P P (Private) S S S S S S 5. Golf Driving Range S S S S P* p* 6. Health Club p* P P P P P P P P P P p 7. Neighborhood Park or P P P P P P P Playground 8. Sexually-Oriented Business P* 9. Shooting Range, Indoor S P 10.Theater P P S P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit 88 ARTICLE 5: USE REGULATIONS I/ CITY OFWYLIE Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Hist. Residential Residential Residential AG/30 SF-IA/ SF-20/ SF-10/ TH MF MH F.RETAIL,PERSONAL SERVICE& NS CR CC BG L I H I DTH 30 26 24 COMMERCIAL S 1. Animal Clinic or Hospital S P P 2. Automobile Rental S P* p P* P 3. Automobile Repair, Major p P 4. Automobile Repair,Minor S P P P S 5. Body Art Studio P* P* 6. Car Wash S P P 7. Club or Lodge(Non-profit) p P P P 8. Contractor's Maintenance Yard S p 9. Dry Cleaning or Laundry, Drop-Off or p P P P P P* Self Service 10. Cleaners(Commercial) S P P 11. Equipment Rental S S S P P 12. Food Processing S P* p P 13.General Merchandise or Food Store p P P p* p* P 5,000 s.f.or less P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit ARTICLE 5: USE REGULATIONS 89 I/ CITY OF WYLIE Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium- High-Density Commercial Industrial Hist. Residential Density Residential Residential AG/30 SF-IA/ SF-20/ SF-10/ TH MF MH F.RETAIL,PERSONAL SVC&COM., NS CR CC BG L I H I DTH 30 26 24 CONT. 14.General Merchandise or Food Store S P P P greater than 5,000 s.f. 15. Home Improvement Center, Lumber, p p P Brick,or Building Materials 16. Household Equipment&Appliance p P P P P Repair 17.Motor Vehicle Fueling Station S P P P P 18. Pawn Shop S P P P 19. Personal Service Use P P P P P 20. Restaurant with Drive-in or Drive- P* p P through Service 21. Restaurant without Drive-in or Drive- p P P p* p P P through Service 22.Truck,Machinery&Heavy Equipment S P Sales,Service or Repair 23.Vehicle Display, Sales or Service P P P=Permitted P"=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit 90 ARTICLE 5: USE REGULATIONS Pt( CITY OF WYLIE Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Residential Commercial Industrial Hist. Residential Residential AG/30 SF-IA/ SF-20/ SF-10/ TH MF MH G.UTILITY,TRANSPORTATION& NS CR CC BG L I H I DTH 30 26 24 PUBLIC SERVICE 1. Airport, Heliport or Landing Field S P P 2. Animal Shelter P P P 3. Commercial Bus Station,Terminal or S P P Service Facility 4. Commercial Radio or TV Transmitting S S P P Station 5. Electric Substation or Gas Regulator S P Station 6. Helipad S S P P p p p p p p p 7. Local Utilities p P P P P P P S S S S S P 8. Mounted Antenna p P P P P P P p p p p P p 9. Police or Fire Station p P P P P P P S S S S P 10. Post Office p p P P P P P S 11. Radio,Television or Microwave Tower S S S S 12. Railroad Yard P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit ARTICLE 5: USE REGULATIONS 91 lil Ciro;F WYLIE Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium- High-Density Commercial Industrial Hist. Residential Density Residential Residential AG/30 SF-1A/ SF-20/ SF-10/ TH MF MH G.UTILITY,TRANS.&PUBLIC NS CR CC BG L I H I DTH 30 26 24 SERVICE,CONT. 13. Sewage Treatment Plant S S S S S S S S 14.Telecommunications Tower S S S S P P 15.Telephone Exchange without Shops or S P S P P Offices p p p p p p p 16.Transit Passenger Shelter p p p p P P P S p p 17. Utility or Government Installation other S S S P P S than listed 18.Water Treatment Plant, Reservoir or P P Water Storage P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit 92 ARTICLE 5: USE REGULATIONS C ry OF WY LIE Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Hist. Residential Residential Residential AG/30 SF-IA/ SF-20/ SF-10/ TH MF MH H. INDUSTRIAL&MANUFACTURING NS CR CC BG L I H I DTH 30 26 24 1. Asphalt or Concrete Batch Plant S 2. Industrial(Inside) P P 3. Industrial(Outside) S S 4. Light Assembly&Fabrication p p p S 5. Mining S 6. Printing&Publishing p P P P* 7. Salvage or Reclamation of Products S (Inside) 8. Salvage or Reclamation of Products S (Outside) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit ARTICLE 5: USE REGULATIONS 93 CITY`N WYLIE Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium- High-Density Commercial Industrial Hist. Residential Density Residential Residential AG/30 SF-1A/ SF-20/ SF-10/ TH MF MH I. WHOLESALE, DISTRIBUTION& NS CR CC BG L I H I DTH 30 26 24 STORAGE 1. Auto Auction S 2. Contractor's Maintenance Yard P* P P 3. Freight Terminal P 4. Landfill S 5. Livestock Auction Pens or Sheds S 6. Mini-warehouse(Self-storage) S P P 7. Office Showroom/Warehouse S P P P* 8. Outside Storage P P 9. Recycling Collection Center S S S P 10. Warehouse/Distribution Center S P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit 94 ARTICLE 5: USE REGULATIONS MI CITY OF WYLIE Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium- High-Density Commercial Industrial Hist. Residential Density Residential Residential AG/30 SF-1A/ SF-20/ SF-10/ TH MF MH J.ACCESSORY USES NS CR CC BG L I H I DTH 30 26 24 P S 1. Accessory Agricultural Buildings p p P P P P p 2. Accessory Community Center(Private) p p p P P P P P P P P p 3. Accessory Game Court(Private) p p S P P 4. Accessory Outside Display of p* p* p* P* P* Merchandise 5. Accessory Outside Sales P* P* 6. Accessory Outside Storage S P* P* P P S S S P P 7. Amateur Communication Tower p P P P P S p p 8. Caretakers Quarters/Domestic or Security p P P P P P Unit p P P P P P 9. Home Occupation p p 10. Private Stable p P P p P p p 11.Swimming Pool(Private) P p P P P S P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit ARTICLE 5: USE REGULATIONS 95 Pt( CITY OFWvuE Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium- High-Density Commercial Industrial Hist. Residential Density Residential Residential AG/30 SF-1A/ SF-20/ SF-10/ TH MF MH K.TEMPORARY USES NS CR CC BG L I H I DTH 30 26 24 T 1. Christmas Tree Sales T T T T T T P P P P P P P 2. Occasional Sale/Garage Sale T T 3. Seasonal Sales Stand T T T T T T T T T T 4. Temporary Concrete or Asphalt Batch T T T T T Plant 5. Temporary Construction Yard,or T T T T T T Construction or Sales Office p T T T T T T 6. Temporary Crop Production T T T T T T T T T T T T T 7. Temporary Grazing T T T T T T T 8. Temporary Living Quarters 9. Traveling Show,Carnival or Circus T T P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit 96 ARTICLE 5: USE REGULATIONS CITY O H WYLIE Zoning Ordinance BLANK 97 , I 0 - I i i , 2Ia ri i A .lo2 i! -fit.''.4.--'-l,,,,.:+4,';r 'ii.li-Vq=';:-,- (,,'''1‘;010.;::"•':•#?:*;;i4-•-*.'i-4-1f,r ''- F---v,2', ; i ,:,:r., -:,,-4_,:i r144.0 pA,.,•••,, vie, i -w ......,, '' i Ili k`r'Z''01 •---,,,:',.?'''.'1,..-' . ° .oral k, --:;,, 1 I WAIA. air t - ....4, 1 -. '.'il irip i - ME 1 ',•;Ii..3-,-' .. till.hp - I ;II lk Va :' -, -- -- _ i ,21 fliCb / i 7-,.1,......` ,,-,----77-77:7_..----772.-7-1;--;,2-7.--:,,,,-,F-7.47-7,.---m t I -,P,MIII "'';--51'•- •.,7.Y.;7'7--4—,,i',--`..,'-':"^ •,....,,....,,,,,.....,,,_4,,'..,,,,, ,2,..',,,, ,,,,,q, .• , , 1 ‘;"'"''''''''.'67..'' 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OWNER NOTIFICATION MAP )(-_-.. risckt-t\s-( ZONING CASE #2008-06 - F (- 0 - ° NOTIFICATION REPORT APPLICANT: Mindy Manson,City of Wylie APPLICATION FILE #2008-06 2000 Highway 78 North Wylie,Texas 75098 Subject Property No. 1 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS I Applicant- Mindy Manson 2000 Hwy.78 North 1 City of Wylie Wylie,Texas 75098 Parkside Ph 1 4925 Greenville Avenue#1020 2 Blk A Lot 1 R-9500-00A-0010-1 _ Parsons-Warner, LLC Dallas,Texas 75206 Parkside Ph 1 4925 Greenville Avenue #1020 3 Blk A 2 _ R-9500-00A-0020.1 Parsons-Warner, LLC Dallas,Texas 75206 Parkside Ph 1 4925 Greenville Avenue#1020 4 Blk A 3 R-9500.00A-0030-1 Parsons-Warner,LLC Dallas,Texas 75206 Parkside Ph 1 4925 Greenville Avenue#1020 5 Blk A 4 R-9500-00A-0040-1 Parsons-Warner, LLC Dallas,Texas 75206 Parkside Ph 1 4925 Greenville Avenue#1020 6 Blk A 5 R-9500-00A-0050.1 Parsons-Warner,LLC Dallas,Texas 75206 Parkside Ph 1 4925 Greenville Avenue #1020 7 Blk A 6 R-9500.00A-0060-1 Parsons-Warner, LLC Dallas,Texas 75206 Parkside Ph 1 _ 4925 Greenville Avenue#1020 8 Blk A 7 R-9500-00A-0070-1 Parsons-Warner, LLC Dallas,Texas 75206 Parkside Ph 1 4925 Greenville Avenue#1020 9 Blk A 8 R-9500-00A-0080-1 Parsons-Warner, LLC Dallas,Texas 75206 Parkside Ph 1 5808 W. Plano Parkway 10 Blk B Lot 12 R-9500-008-0120-1 K Hovnanian Homes DPW, LLC Plano,Texas 75093 Parkside Ph 1 4925 Greenville Avenue #1020 11 Blk B 13 R-9500-00B-030-1 Parsons-Warner,LLC Dallas,Texas 75206 Parkside Ph 1 4925 Greenville Avenue#1020 12 Blk C Lot 1 R-9500-00C-0010-1 Parsons-Warner, LLC Dallas,Texas 75206 Parkside Ph 1 2000 Highway 78 North 13 Blk X Lot 1 R-9500-00X-0010-1 City of Wylie Wylie,Texas 75098 Zlan Addn. PO Box 711 14 Blk A Lot 1 R-8913-00A-0010-1 Wylie Point,LP Dallas,Texas 75221 Ilan Addn. 1615 W. Brown Sheet 15 Blk A Lot 4 R-8913.00A-0040-1 Zlan Technologies,Ltd. Wylie,Texas 75098 Parker Addn PO Box 307 16 Blk A Lot 1 R-4602-00A-0010.1 Richard Parker Wylie,Texas 75098 Parker Addn PO Box 307 17 Blk A Lot 2 R-4602-00A-0020-1 Richard Parker Wylie,Texas 75098 Sanden Addn 601 Sanden Blvd. 18 Blk A Lot 1 R-2447-00A-0010-1 Sanden International USA, Inc. Wylie,Texas 75098 ` Creek Hollow#2 313 Cross Creek Drive _19 Blk B Lot 15 R-8789-008-0150-1 Rebecca Ross Wylie,Texas 75098 Creek Hollow#2 315 Cross Creek Drive 20 Blk B 16 R-8789-00B-0160-1 Silvana Zayas Wylie,Texas 75098 Creek Hollow#1 1275 Sonny's Way 21 Blk B 17 R-8487-008-0170-1 Rosemarie Pettit Hollister,CA 95023 Creek Hollow#1 319 Cross Creek Drive 22 B1k B 18 R-8487-00B-0180-1 Benjamin Gilbert Wylie,Texas 75098 Creek Hollow#1 321 Cross Creek Drive 23 81k B 19 R-8487.00B-0190-1 Keith Jackson Wylie,Texas 75098 Creek Hollow#1 323 Cross Creek Drive 24 Blk B 20 R-8487-00B-0200-1 Thuy Iran _ Wylie,Texas 75098 Creek Hollow#1 325 Cross Creek Drive 25 Blk B 21 _ R-8487-00B-0210-1 Clifton Smithi Wylie,Texas 75098 Creek Hollow#1 327 Cross Creek Drive 26 BIk B 22 R-8487-00B-0220-1 Thomas Myers Wylie,Texas 75098 Creek Hollow#1 329 Cross Creek Drive 27 Blk B 23 R-8487-00B-0230-1 Valerie Hawkins Wylie,Texas 75098 Creek Hollow#1 331 Cross Creek Drive 28 Blk B 24 R-8487-00B-0240-1 Susan Etheridge Wylie,Texas 75098 Creek Hollow#1 333 Cross Creek Drive 29 illk B 25 R-8.487-008-0250-1 Thuy Iran Wylie,Texas 75098 Creek Hollow#1 335 Cross Creek Drive 30 B1k B 26 R-8487-00B-0200-1 Eric LeJeune Wylie,Texas 75098 Creek Hollow#1 937 Cedar Creek Drive 31 Blk F Lot 19 R-8487-00E-0190-1 Jason O'Neal Wylie,Texas 75098 Creek Hollow#1 328 Cross Creek Drive 32 81k F 20 R-8487-00E-0200-1 Vicky Vann Wylie,Texas 75098 Creek Hollow#1 1206 Tralee Lane 33 Blk F 21 R-8487-00E-0210-1 Charles Owen Garland,Texas 75044 Creek Hollow#1 332 Cross Creek Drive 34 Blk F 22 R-8487-00E-0220-1 _ Dewayne Williams Wylie,Texas 75098 Creek Hollow#2 2000 Hwy, 78 North 35 Blk X Lot 2 R-8789-00X-0020-1 City of Wylie Wylie,Texas 75098 Creek Hollow#1 2745 N.Dallas Pkwy#600 36 Blk X Lot 3 R-8487-00X-0030-1 Meritage Homes of Texas,LP Plano,Texas 75093 2000 Highway 78 North 37 Abst 196 Tract 1 R-6196-000-0010-1 City of Wylie Wylie,Texas 75098 PO Box 219071 38 Abst 563 Tract 1 R-6563-000.0010-1 On or Electric Delivery Company Dallas,Texas 75221 407 Briarwood Drive 39 Abst 563 2 R-6563.000-0020-1 Ben Scholz Wylie,Texas 75098 951 S.Ballard Avenue 40 Abst 563 3 R-6563-000-0030-1 Wylie ISD Wylie,Texas 75098 1401 Pacific.Avenue 41 Abst 563 4 R-6563-000-0040-1 Dallas Area Rapid Transit Dallas,Texas 75202 6926 Dove Creek Drive 42 Abst 563 5 R-6563-000.0050-1 BCU, Inc. Wylie,Texas 75098 Richard Parker PO Box 307 43 Abst 841 Tract 1 , R-6841-000-0010-1 Ben Scholz Wylie,Texas 75098 PO Box 1404 44 Abst 266 Tract 8 R-6266-000-0080-1 John Ereckson Wylie,Texas 75098 PO Box 431 45 Abst 266 9 R-6266-000-0090-1 Ledon Bramlett Wylie,Texas 75098 PO Box 219071 46 Abst 266 6 R-6266-000-0060-1 Oncor Electric Delivery Company Dallas,Texas 75221 7040 Teakwood Drive 47 Abst 266 19 R-6266-000-0190-1 Wylie Nursery Group,LP Dallas,Texas 75240 PO Box 902 _48 Abst 266 38 R-6266-000-0380-1 John Erekson,Jr. Wylie,Texas 75098 2190 CR 2270 0 49 Abst 266 42 R-6266-000-0420-1 JB Blakey Investments Mineola,Texas 75773 17519 Muirfield Drive 50 Abst 1021 Tract 2 R-7021-000-0020-1 Birmingham Land,Ltd. Dallas,Texas 75287 17519 Muirfield Drive 51 Abst 22 Tract 1 R-6022.000-0010-1 Birmingham Land,Ltd, Dallas,Texas 75287 405 FM 1378 52 _ Abst 351 Tract 6 R-6351.000-0060-1 Deborah Mulcahy Wylie,Texas 75098 4925 Greenville Avenue#1020 53 Abst 351 14 R-6351-000-0140-1 Parsons-Warner,LLC Dallas,Texas 75206 This facility is wheelchair accessible and handicapped parking spaces are available. Requests.for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD) (972)442-8170 for assistance. PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 am FOR the requested zoning as explained on the attached public notice for Zoning Case #2008-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2008-06. Date.Location&Time of Planning&Zoning Commission meeting: Tuesday,May 20,2008,6:30 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,June 10,2008,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas � t G lips/ 100z 62 Name: .� ` ' � � e �.a� (please print) Address: ! 9 % ..7p Signature: 171 let ol `, di44/4/," 11111171.' � Date: COMMENTS: i I ' 1: Lk I: 1-".:Pe . ''k,--'eT'--Xt- -;-.,'t.:5;,›.4* ,.?f,"'-,r5:4'','Iit-ttc - -. .. — 0® r tip: .1 _tm 4 E3ekliottr, . „.,,-.00 ,,,. .-.-?:1 ; --,--,:).-A-5,,c,;?,.11,?-,;:t,l,„&--.._,,,,,,,,,:- .4 .4__‘ $ k . ,..,....,,„„,...,,,,...„.„.: .,. .., s . . t.), ,,, , ,,,,,-,1, ...,- - _ _ „,,,,:..,3.....,,,,,,,:.,....„,„.,..:..,,,L..,,,,z,....,,,_„...,:„., ,, ,c,:.--- ,_ ,..,,,r.,,,_,,,:;.1_,,,,....:,,,,„:,,,,,,,,..® •• .. t,,t,...,,e,,,:;:i. .,i,4 • , ,,,,;„ ,.),_,;!, ,,,,fi,.E„:,,,,,:4 , ,. . :cri,.,..,i.\ ,_, ymi tp 4. , �,,�Y Y✓4;.sr5a ---.. 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For- ZONING CASE #2008-06 Sub ect Property No. 2 Southplace #5 239 Cloudcroff Drive 54 Blk A Lot 29 R-8757-00A-0290.1 Chad Hill Wylie,Texas 75098 Southplace#5 241 Cloudcroff Drive 55 Blk A 30 R-8757-00A-0300-1 Sarah Colman Wylie,Texas 75098 Southplace #5 1301 Pajarito Mountain Drive 56 Blk A 31 R-8757-00A-0310-1 Teny Kirkpatrick Wylie,Texas 75098 Southplace#5 1303 Pajartto Mountain Drive 57 Blk A 32 R-8757-00A-0320-1 Ever Pina Wylie,Texas 75098 Southplace#5 1305 Pajartto Mountain Drive 58 Blk A 33 _ R-8757-00A-0330-1 Rebecca Ueblong Wylie,Texas 75098 Southplace#5 1307 Pajarito Mountain Drive 59 Blk A 34 R-8757-00A-0340-1 George Corbin Wylie,Texas 75098 Southplace#5 1309 Pajarito Mountain Drive 60 BIkA 35 R-8757-00A-0350-1 Usa Nakhleh Wylie,Texas 75098 Southplace#5 1311 Pajarito Mountain Drive 61 Bik A 36 R-8757-00A-0360-1 Brian Stanfield Wylie,Texas 75098 Southplace #5 Gary Satterfield PO Box 61540 62 Blk A 37 R-8757-00A-0370-1 Capital One,NA New Orleans, IA 70161 Southplace#5 236 Silvercreek Drive _63 Bik A 38 R-8757.00A-0380-1 Cheryl Smith Wylie,Texas 75098 Southplace #5 234 Silvercreek Drive 64 Blk A 39 R-8757-00A-0390-1 Arlene Brown Wylie,Texas 75098 Southplace #5 PO Box 1048 65 Blk I Lot 6 R-8757-001-0060-1 Choice Homes, Inc. _ Arlington,Texas 76004 Southplace#5 PO Box 1048 66 Blk I 7 R-8757-00I-0070-1 Choice Homes, Inc, Arlington,Texas 76004 Southplace #5 1304 Pajarito Mountain Drive 67 Blk I 8 R-8757-00I-0080-1 Lincoln Hirsch Wylie,Texas 75098 Southplace#5 1302 Pajarito Mountain Drive 68 Blk I 9 R-8757-001-0090-1 Oscar Chavez Wylie,Texas 75098 Southplace#5 PO Box 1048 69 Blk I 10 R-8757-00I-0100-1 Choice Homes,Inc. Arlington,Texas 76004 Twin Lakes#3 231 Lake Travis Drive 70 Blk E Lot 47 R-4608-00E-0470-1 Francisco Amaya Wylie,Texas 75098 Twin Lakes#3 233 Lake Travis Drive 71 Blk E 48 R-4608.00E-0480-1 John Todd Wylie,Texas 75098 Twin Lakes#3 235 Lake Travis Drive 72 Blk E 49 R-4608-00E-0490-1 Richard McBride Wylie,Texas 75098 Twin Lakes#3 237 Lake Travis Drive 73 Blk E 50 R-4608-00E-0500-1 Anna Benios Wylie,Texas 75098 Twin Lakes#3 239 Lake Travis Drive 74 Mk E 51 R-4608-00E-0510-1 Thomas Allen Wylie,Texas 75098 Twin Lakes#3 241 Lake Travis Drive Bik E 52 R-4608-00E-0520-1 Clinton Walker Wylie,Texas 75098 Twin Lakes#3 2925 Montague Trail Bik E 53 R-4608-00E-0530-1 Henry Dues Wylie,Texas 75098 Twin Lakes#3 245 Lake Travis Drive Bik E 54 R-4608-00E-0540-1 Michael 51rayhorn Wylie,Texas 75098 Twin Lakes #3 301 Lake Travis Drive Blk E 55 R-4608-00E-0550-1 Eva Hennig Wylie,Texas 75098 Twin Lakes#3 303 Lake Travis Drive Blk E 56 R-4608-00E-0560-1 Muhammad Ahmed Wylie,Texas 75098 Twin Lakes#3 305 Lake Travis Drive Bik E 57 _ R-4608-00E-0570-1 Nicole Hammon Wylie,Texas 75098 Twin Lakes#3 307 Lake Travis Drive Bik E 58 R-4608-00E-0580-1 Tammy Thompson Wylie,Texas 75098 Twin Lakes#3 309 Lake Travis Drive Blk E 59 R-4608-00E-0590-1 Vanessa Page Wylie,Texas 75098 Twin Lakes#3 PO Box 740222 Bik E 60 R-4608-00E-0600-1 Gladys Nyamamba Dallas,Texas 75374 Twin Lakes#3 313 Lake Travis Drive 81k E 61 R-4608-00E-0610-1 Christine Holliday Wylie,Texas 75098 Twin Lakes#3 1708 Redbay Drive 81k E 62 R-4608-00E-0620-1 Jared Wildenborg Wylie,Texas 75098 Twin Lakes#3 317 Lake Travis Drive Blk E 63 R-4608-00E-0630-1 Peggy Richards Wylie,Texas 75098 Twin Lakes#3 319 Lake Travis Drive BIk E 64 R-4608-00E-0640-1 Genet Gebremariam Wylie,Texas 75098 Twin Lakes#3 321 Lake Travis Drive 81k E 65 R-4608-00E-0650-1 Michael Sherrill Wylie,Texas 75098 )( Twin Lakes#3 323 Lake Travis Drive Blk E 66 R-4608.00E-0660-1 Terri Wilson Wylie,Texas 75098 Twin Lakes#3 325 Lake Travis Drive Blk E 67 R-4608-00E-0670-1 Ery Garcia Wylie,Texas 75098 Twin Lakes#3 327 Lake Travis Drive Blk E 68 R-4608-00E-0680-1 Donald Collins Wylie,Texas 75098 Twin Lakes#3 329 Lake Travis Drive Blk E 69 R-4608-00E-0690.1 Kenneth Allen Wylie,Texas 75098 Twin.Lakes#3 331 Lake Travis Drive Blk E 70 R-4608-00E-0700-1 Jody Begando Wylie,Texas 75098 Twin Lakes#3 1001 Caddo Lake Drive Blk.E 71 R-4608-00E-0710.1 Shawn Mosley Wylie,Texas 75098 Twin Lakes#3 1003 Caddo Lake Drive Blk E 72 R-4608-00E-0720-1 Christi McRae Wylie,Texas 75098 Twin Lakes#3 232 Lake Travis Drive Blk G Lot 17 R-4608.00G-0170-1 Edward Smith Wylie,Texas 75098 Twin Lakes #3 234 Lake Travis Drive Blk G 18 R-4608-0OG-0180-1 Ryan Hadley Wylie,Texas 75098 Twin Lakes#3 236 Lake Travis Drive 8lk G _ 19 R-4608-00G-0190-1 Travis Switzer Wylie,Texas 75098 Twin Lakes#3 238 Lake Travis Drive Bik G 20 R-4608-OOG-0200-1 James Everett Wylie,Texas 75098 Twin Lakes#3 300 Lake Travis Drive Bik K Lot 1 R-4608.00K-0010-1 Robert Gilligan Wylie,Texas 75098 Twin Lakes#3 302 Lake Travis Drive Bik K 2 R-4608-00K-0020-1 Boyd Thomas Wylie,Texas 75098 Twin Lakes#3 304 Lake Travis Drive Blk K 3 R-4608.00K-0030-1 Kevin Paul Wylie,Texas 75098 Twin Lakes#3 306 Lake Travis Drive Blk K 4 R-4608.00K-040-1 Jesse Glance Wylie,Texas 75098 Twin Lakes#3 308 Lake Travis Drive Blk K 5 R-4608-00K-0050-1 Waiter Carr Wylie,Texas 75098 Twin Lakes#3 PO Box 1808 Bik K 6 R-4608-00K-0060.1 Christopher Williams Rowlett,Texas 75030 Twin Lakes#3 312 Lake Travis Drive BIk K 7 R-4608.00K-0070-1 Lewis Canterbury Wylie,Texas 75098 Twin Lakes#3 314 Lake Travis Drive Blk K 8 R-4608-00K-0080-1 Danny McDonald Wylie,Texas 75098 Twin Lakes#3 316 Lake Travis Drive Bik K 9 R-4608-00K-0090-1 Chad Miller Wylie,Texas 75098 Twin Lakes #3 318 Lake Travis Drive Bik K 10 R-4608.00K-0100-1 Tiffani Geisert Wylie,Texas 75098 Twin Lakes #3 320 Lake Travis Drive Blk K 11 _ R-4608-00K-0110-1 Richard Murray Wylie,Texas 75098 Twin Lakes#3 322 Lake Travis Drive Blk K 12 R-4608-00K-0120-1 Yared Weldekldan Wylie,Texas 75098 Twin Lakes#3 324 Lake Travis Drive Blk K 13 R-4608-00K-0130.1 Ernest Fruge Wylie,Texas 75098 Twin Lakes#3 2128 Bigelow Avenue Bik K 14 R-4608-OO10140-1 Lenert Olson Simi Valley,CA 93065 Twin Lakes#3 328 Lake Travis Drive Bik K 15 R-4608.00K-0150-1 Lynn Beaurline Wylie,Texas 75098 Stoneridge Farms#1 610 Oakbrook Drive Blk A Lot 2 I R-3718-00A-0020-1 , Richard Ramirez Wylie,Texas 75098 _ Stoneridge Farms#1 620 Oakbrook Drive BIkA 3 j R-3718-OOA-003-1 Joe Murray Wylie,Texas 75098 Stoneridge Farms#1 630 Oakbrook Drive Blk A 4 1. R-3718-00A-0040-1 Greg Wyrem Wylie,Texas 75098 Stoneridge Farms#1 640 Oakbrook Drive Blk A 5 I R-3718-0OA-0050-1 Troy Kardokus Wylie,Texas 75098 _ Stoneridge Farms#1 650 Oakbrook Drive Blk A 6 I R-3718-00A-0060-1 Jose Mendez Wylie,Texas 75098 Stoneridge Farms#1 660 Oakbrook Drive Blk A 7 I R-3718-00A-0070-1 Deborah Campbell Wylie,Texas 75098 Stoneridge Farms#1 801 Oakbrook Drive Blk A 8 I R-3718-00A-0080-1 Glenn Barton Wylie,Texas 75098 Stoneridge Farms #1 811 Oakbrook Drive Blk A 9 R-3718-00A-0090-1 Paul Moelsworth Wylie,Texas 75098 WISD Center Addn 951 S. Ballard Avenue Bik A Lot 1 R-9329-00A-0010-1 Wylie ISD Wylie,Texas 75098 . Collins Estates 900 Lorene Drive Blk 1 Lot 14 R-9181-001-0140-1 John Moser Wylie,Texas 75098 Collins Estates 1100 Essie Way Blk 1 15 R-9181.001.0150-1 Darryl Smith Wylie,Texas 75098 _ Collins Estates 1102.Essie Way Blk 1 16 R-9181-001-0160-1 Frank Story Wylie,Texas 75098 Collins Estates 1104 Essie Way Blk 1 17 R-9181-001-0170-1 Justin Burris Wylie,Texas 75098 Collins Estates 1106 Essie Way Blk 1 18 R-9181-001-0180-1 Joseph Stankiewicz Wylie,Texas 75098 Collins Estates 901 Alfred Drive Blk 1 19 R-9181-001-0940-1 Jeff Persful Wylie,Texas 75098 Ben Nobles 5740 Prospect Ave #2001 Blk A Lot 4 R-9156-00A-0040-1 Residential Development Corp Dallas,Texas 75206 2000 Highway 78 North Abst 23 Tract 23 R-6023-000-0230.1 City of Wylie Wylie,Texas 75098 507 Thomas Street Abst 23 24 R-6023-000-0240-1 Susie Province Wylie,Texas 75098 507 Thomas Street Abst 23 . 25 R-6023-000-0250-1 Susie Province Wylie,Texas 75098 507 Thomas Street Abst 23 27 R-6023-000-0270-1 Susie Province Wylie,Texas 75098 2000 Highway 78 North Abst 23 54 R-6023-000-0540-1 City of Wylie Wylie,Texas 75098 This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103,or(TDD)(972)442-8170 for assistance. PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie, Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2008-06. 1ZI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2008-06. Date,Location&Time of Planning.&Zoning Commission meeting: Tuesday,May 20,2008.6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date.Location&Time of City Council meeting: Tuesday,June 10,2008,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 7f�t-� L LJLGt047 (please print) Address: 3 Z3 L k.£. t'if i) f,)YCZ i.. 7S 9( Signature: 4., ' ,, Date: y—2. COMMENTS: —� N Q -- m . - LL ✓`S iYts>3\..` .?J r' T _„ ,�.As•.. t yt 1''�"(L.... Yc.., �.Li°.Ia \ ?L3' t w'+5`y ;y,t, ` 1;f` ks ti .Ij. T ,.4 ... ,k= t, \t c 7\sk. ';.t.4, * . �ay j vdsa 4 ;: ',,e `,wit", -\•-'. a �,,��..:\! 4�i Ass.tyn�� f,, ;�y}', •�lts'.�i= r',� .o• '•1�.��`�••.��;u Y"ls'�� v'ar,'t s `;;.�;T,`m.,�..�i-,..,..�„ r .:z�.;�a�\' Oiin @k 7 y a �i n2� ' 7 • , `y —+ IO '",,,:o ';',.1..,,,,c4 ' ' ' - . ' ' :' ,_,,,,,,-..7 i,, ) •,t:' ,,,,,'.,,‘„";,,,,'----.':'-',,\, ,% '' ,'-, `-' '.,,::: ,-•,- •., „Y. ,, • . ,-,-„ s - ._ .,;„,,,,,, -,., , .,-,i S2w s. ' 1t '`4fa �Sh " 5 s ' 1>hC'.: Z, is 1Ey �• )s h � q;i\ d+ �^ i �� , `" ¢y 4iYr1 0) • • W Z ,} ; , J Z , / �J N ' uno _.._.. ..,_.._.._.._.,—..� q,. 6 �� yy, s'= ,•'$:h 4 ln,y t3yt\ v',.y '^�r •� 4 'k• il�)�yri\ t ,•ITS\ 4 • \ )- lk "" rt" (ottv42't1t`\S;�L"�;5.,»i Si`ayS{,.,r t.,: .• •' '-••••.............,,,„...\\ .4 s,s 5�J, �•,,.� �'yr '"\( �s,�.,� ,�J 111 a^i 1ite '¢`-"k 5'.'1'ti\y*^,, e:'c.•', �'i' �5 J \51; ';‘,,,It*:,,,,, 'J� g b j Subject Propery No.3 Wylie High School Addn 951 S. Ballard Avenue Bk A I Lot 1 I R-8816-00A-0010-1 Wylie ISD Wylie,Texas 75098 Wylie High School Addn 2000 Highway 78 North BIk A I 2 ] R-8816.00A-0020-1 City of Wylie Wylie,Texas 75098 Broadstone Woodbridge Broadstone Woodbridge LP 3710 Rawlins Street#901 BIk 1 Lot 1 _ R-9459-001-0010-1 Alliance Communities Dallas,Texas 75219 R.Cooper Jr. High 951 S. Ballard Avenue 8ik A Lot 1 R-9105-00A-0010-1 Wylie ISD Wylie,Texas 75098 Premier Ind. Park 4028 Binley Drive BIk A Lot 1 A R-3953-00A-001A-1 Phil Easterling Richardson,Texas 75082 Premier lad, Park 933 Hensley Lane BIk A Lot 2A R-3953-00A-002A-1 Distinctive Doors,Inc. Wylie,Texas 75098 Premier lad. Park 1205 S.White Chapel Blvd 8Ik B Lot 2A _ R-4159-00B-002A-1 Rob Dean Southlake,Texas 76092 Premier Ind. Park 704 W. 108th Street BIk B Lot 28 R-4159-00B-002B-1 Anthony Ducato Jenks,OK 74037 2000 Highway 78 North Abst 193 Tract 7 R-6193-000-0070-1 City of Wylie Wylie,Texas 75098 800 Hensley Lane Abst 193 8 R-6193-000-0080-1 Brownie Bradshaw Wylie,Texas 75098 2451 Elm Grove Road Abst 193 11 R-6193-000-0110-1 George Wigington Wylie,Texas 75098 810 Hensley Lane Abst 193 12 R-6193.000-0120-1 Charles Cheshire,Jr. Wylie,Texas 75098 2304 Brighton Lane Abst 193 13 R-6193-000-0130-1 Robert Joslyn Plano,Texas 75075 810 Hensley Lane Abst 193 14 R-6193-000-0140.1 Charles Cheshire,Jr. Wylie,Texas 75098 950 Hensley Lane Abst 193 15 R-6193-000-0150-1 Sandra Torres Wylie,Texas 75098 951 S. Ballard Avenue Abst 841 Tract 14 R-6841-000-0140-1 Wylie ISD Wylie,Texas 75098 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 10, 2008 Item Number: 3 Department: Finance Department (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: May 29, 2008 Budgeted Amount: Resolution; Form of Notice, Time Table Exhibits: Subject Consider, and act upon, all matters incident and related to approving and authorizing publication of Notice of Intention to issue $15,000,000 Combination Tax and Revenue Certificates of Obligation, Series 2008 including the adoption of Resolution 2008-19(R)pertaining thereto. Recommendation Motion to approve all matters incident and related to approving and authorizing publication of Notice of Intention to issue $15,000,000 Combination Tax and Revenue Certificates of Obligation, Series 2008, including the adoption of Resolution 2008-19(R)pertaining thereto. Discussion The citizens of Wylie approved the issuance of$26,985,000 General Obligation Bonds to build a new Library, City Hall and Recreation Center. The estimated cost to build these facilities is approximately $41,985,000. The $15,000,000 Certificates of Obligations are being sold to complete the funding for these projects. Debt Service for this obligation will be included in next year's I&S tax levy. Approved By Initial Date Department Director /LW � 5/29/08 City Manager r� ' Page 1 of 1 RESOLUTION NO. 2005-19(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. WHEREAS, the City Council of the City of Wylie, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271 (the "Act"), for the purpose of paying contractual obligations to be incurred for (i) the construction, improvement and equipment of park and recreational facilities for new Recreation Center/Park Administration facilities, (ii) the construction, improvement and equipment of City Hall facilities, (iii) the construction, improvement and equipment of municipal library facilities and (iv) professional services rendered in connection with the construction and financing of the foregoing projects; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation in a principal amount not to exceed $15,000,000 for the purpose of paying contractual obligations to be incurred for (i) the construction, improvement and equipment of park and recreational facilities for new Recreation Center/Park Administration facilities, (ii) the construction, improvement and equipment of City Hall facilities, (iii) the construction, improvement and equipment of municipal library facilities and (iv) professional services rendered in connection with the construction and financing of the foregoing projects, such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least thirty-one (31) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 3: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. Resolution No.2008-19(R) Notice of Intent to Issue Certificates of Obligation SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. DULY PASSED AND APPROVED, by the City Council of the City of Wylie, Texas on this the 10th day of June, 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2008-19(R) Notice of Intent to Issue Certificates of Obligation EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF WYLIE, TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Wylie, Texas, shall convene at 6:00 nd o'clock P.M. on the 22 day of July, 2008, at the Wylie Municipal Complex, 2000 State Highway 78 North, Wylie Texas, and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in one or more series in an amount not to exceed $15,000,000 for the purpose of paying contractual obligations to be incurred for (i) the construction, improvement and equipment of park and recreational facilities for new Recreation Center/Park Administration facilities, (ii) the construction, improvement and equipment of City Hall facilities, (iii) the construction, improvement and equipment of municipal library facilities and (iv) professional services rendered in connection with the construction and financing of the foregoing projects; such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. Carole Ehrlich, City Secretary City of Wylie, Texas 80187757.1/10805713 A-1 Resolution No.2008-19(R) Notice of Intent to Issue Certificates of Obligation City:f.V1-- ylie City of Wylie, Texas General Obligation Bonds, Series 2008 Combination Tax and Revenue Certificates of Obligation, Series 2008 Projected Schedule of Events Jun-08 Jul-08 Aug-O8 SMTWT F S SMTWT F S SMTWT F S 1 2 3 4 5 6 7 1 2 3 4 5 l 11 2 21 13 14 15 16 17 1 18 ' 15 16 17, 8 ' 9 10 11 12 13 14 6 7 8 9 1 19 3 4 5 6 7 8 9 18 19 20 19 10 11 12 13 14 15 16 22 23 24 25 26 27 28 20 21 22 23 i 24 25� 26 17 18 19 20 21 22 23 29 30 27 28 29 30 31 24 25 26 27 28 29 30 - 31 I Complete By Day Event 10-Jun-08 Tuesday City Council passes resolution authorizing Notice of Intent Publication for Certificates of Obligation TBD First Publication of Notice of Intent to Issue Certificates no later than June 21,2008 16-Jun-08 Monday Financial Advisor will provide initial draft of Preliminary Official Statement to City and Bond Counsel for comments and modifications TBD Second Publication of Notice of Intent to Issue Certificates exactly 7 days after publication of 1st Notice 27-Jun-08 Friday Finalize Official Statement and send to credit rating agencies and municipal bond insurers 10-Ju1-08 Thursday Distribute Preliminary Official Statement electronically to potential purchasers 17-Jul-08 Thursday Receive credit ratings 22-Jul-08 Tuesday The Bonds and Certificates Sale: Council award bids and adopts Ordinances 28-Jul-08 Monday Finalize Official Statement 26-Aug-08 Tuesday Closings and Delivery of Funds to the City First Southwest Company Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: May 27, 2008 Item Number: 4 Department: Police Department (City Secretary's Use Only) Prepared By: Chief John Duscio Account Code: Date Prepared: May 2, 2008 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2008-28 amending Section 2 of Ordinance No. 2007-36 and Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this ordinance, providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation A motion to approve Ordinance No. 2008-28 amending Section 2 of Ordinance No. 2007-36 and Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this ordinance, providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Discussion Due to increased pedestrian traffic attending Birmingham elementary staff is recommending a (20) miles per hour school zone on Westgate Dr. 1260 feet north of the intersection of Brown St. and 1170 feet south of Brown St. on school days. There is not an established school zone at this time. The location of the school is in close proximity to a residential neighborhood, two city parks and an elementary school. Staff is requesting Council approve a school zone on Westgate Way Approved By Initial Date Department Director JD ��/ 05/02/08 City Manager tr Y Y \ (6 ! Page 1 of 1 ORDINANCE NO. 2008-28 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 2 OF ORDINANCE NO. 2007-36 AND ARTICLE IV, SECTION 110-133 OF THE CODE OF ORDINANCES, ESTABLISHING A SCHOOL ZONE FOR CERTAIN STREETS; ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS DURING SCHOOL HOURS IN SUCH ZONE; PROVIDING FOR INSTALLATION OF SIGNS AND MARKINGS; REGULATING VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS,the City Council of the City of Wylie,Texas("City Council")finds it necessary to amend Section 2 of Ordinance No. 2007-36 and Article IV, Section 110-133 of the Code of Ordinances to coordinate with the change in school attendance times and to establish maximum speed limits within the areas and at the locations named and designated in the body of this Ordinance, all within the corporate limits of the City of Wylie, Texas (the "City"), and in the immediate vicinity of school areas,during periods of time when the schools are in session and school children are going to and from schools and playgrounds; and WHEREAS, the City Council finds that it is necessary for the protection and safety of pedestrians crossing streets in school areas to establish maximum speed limits and to prohibit the overtaking and passing of motor vehicles within the school zone; and WHEREAS,the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of the City to amend Section 2 of Ordinance No. 2007-36 and Article IV, Section 110-133 of the Code of Ordinances as set forth below. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: AMENDMENT TO SECTION 2 OF WYLIE ORDNANCE NO. 2007-36 AND ARTICLE IV, SECTION 110-133 OF THE CODE OF ORDINANCES.Wylie Ordinance No. 2007-36, Section 2 and Article IV, Section 110-133 of the Code of Ordinances are hereby amended as follows: Ordinance No.2008-28 Amending Section 2 of Ordinance 2007-36 and Article IV, Section 110-133 re: School Zones Page 1 494365-1 "School Zones a) Vehicle speed and operation generally: It shall be unlawful for any person to operate or drive any vehicle at a speed greater than the speed designated or posted, or to overtake or pass any other vehicle in any school zone as may be marked or designated within the City during the hours indicated upon signs erected in such zone, or whenever children are present in such zones, or when such zones have an alternating flashing light in operation. b) Speed limits: The following prima facie maximum speed limits hereafter indicated for motor vehicles are hereby determined and declared to be reasonable and safe. Such maximum speed limits are hereby fixed at the rate of speed indicated for motor vehicles traveling upon the main street or highway, or parts of the main street or highway, and no motor vehicle shall be operated along or upon such portions of the named streets or highways within the corporate limits of the City in excess of the speeds set forth as follows: 1) Twenty(20) miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 2:40 p.m. to 3:45 p.m., on school days, on the following streets: a. On Brown Street from a point one hundred fifty feet (150') west of the point of its intersection with Rustic Trail to a point three hundred sixty feet (360') east of the point of its intersection with Westgate Way. b. On Birmingham Street from the point of its intersection with Williams Street,one hundred fifty feet(150')south to the point of its intersection with West Stone Road. c. On Park Boulevard from the intersection of Westgate Way, west to the intersection of Country Club (FM 1378). d. On Westgate Way from the intersection of Park Boulevard,south one hundred fifty feet (150'). 2) Twenty(20)miles per hour between the hours of 7:15 a.m. to 8:00 a.m. and 2:40 p.m. to 3:15 p.m., on school days, on the following streets: a. On Kirby Street from a point two hundred feet(200')east of the point of its intersection with Memorial Drive to the point of its intersection with Birmingham Street. b. On Springwood Lane from the point of its intersection with Lanwood Drive to the point of its intersection with W.A. Allen Boulevard. c. On Lanwood Drive from a point five hundred twenty five feet(525') north of its intersection with Springwood Lane, south to the point of its intersection with Heatherwood Lane. Ordinance No.2008-28 Amending Section 2 of Ordinance 2007-36 and Article IV, Section 110-133 re: School Zones Page 2 494365-1 d. On Heatherwood Lane from its intersection with Lanwood Drive to 250 ft. west of intersection with Castlewood Drive. e. On W.A. Allen Boulevard from a point five hundred fifty feet(550') north of the point of its intersection with Springwood Lane to a point two-tenths (2/10) of a mile south to the intersection of Stone Road. f. On Stone Road from a point four hundred feet(400')west of the point of its intersection with Allen Road to a point east of the point of its intersection to Stonehedge Drive. g. On Lanwood Drive west to Castlewood Drive. h. On Heatherwood Drive from W.A. Allen to the intersection of Lanwood Drive. i. On Heatherwood Drive, south two hundred fifty feet (250') to the intersection of Bentwood Drive. j. On Park Boulevard from the intersection of Country Club Road,west one hundred fifty feet (150'). k. On Cheyenne Road from Park Boulevard,north to one hundred fifty feet (150') north of the intersection of Tuscalosa Drive. 1. On Tuscalosa Drive from the intersection of Cheyenne Road,east five hundred feet (500'). m. On McCreary Road from the intersection of Riverway Lane,south one thousand feet (1000'). n. On McCreary Road from the intersection of Riverway Lane,north one thousand feet(1000'). o. On Riverway Lane from McCreary Road, east two-tenths(2/10) of a mile to one hundred feet (100') west of the intersection of Meandering Drive. p. On Appalachian Drive from the intersection of Riverway Lane,south one hundred fifty feet (150'). q. On Springtide Drive from the intersection of Riverway Lane, north one hundred fifty feet(150'). 3) Thirty (30) miles per hour between the hours of 8:15 a.m. to 9:00 a.m. and 3:45 p.m. to 4:15 p.m., on school days, on the following streets: a. On FM 544 from the intersection of Country Club,east one thousand feet(1000'). b. On FM 544 from the intersection of Country Club,west one thousand feet (1000'). 4) Thirty-five (35) miles per hour between the hours of 7:15 a.m. to 8:00 a.m. and 2:40 p.m. to 3:15 p.m., on school days, on the following streets: a. On Country Club Road from the intersection of Park Boulevard, south five hundred feet(500'). Ordinance No.2008-28 Amending Section 2 of Ordinance 2007-36 and Article IV, Section 110-133 re: School Zones Page 3 494365-1 b. On Country Club Road from the intersection of Park Boulevard,north one thousand feet(1000'). 5) Twenty(20) miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 2:40 p.m. to 3:45 p.m., on school days, on the following streets: a. On Stone Road from the intersection of Ballard Street, east to one hundred feet(100')west of the intersection of John Akin Lane. b. On Pirate Drive from the point of its intersection with Hilltop Street to a point of its intersection with Ballard Street. c. On Hilltop Street from the point of its intersection with Pirate Drive to a point of its intersection with Stone Road. d. On Kirby Street from the intersection of Birmingham,east to Ballard Street. e. On Ballard Street from the intersection of Stone Road, south to two hundred feet (200') north of the intersection of Stoneybrook Drive. The speed limits contained in this section shall not be effective until signs giving notice of such regulations are posted upon or at the entrances to those portions of the street or highway affected as may be most appropriate in accordance with the Uniform Manual on Traffic Control Devices,as amended,promulgated by the state department of transportation. The city manager or his duly authorized representative is authorized and directed to cause to be erected such appropriate signs." SECTION 3: PENALTY PROVISION. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: SAVINGS/REPEALING CLAUSE. Section 2 of Wylie Ordinance No.2007- 36 and Article IV, Section 110-133 of the Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: SEVERABILITY. Should any section,subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, Ordinance No.2008-28 Amending Section 2 of Ordinance 2007-36 and Article IV, Section 110-133 re: School Zones Page 4 494365-1 subsection,clause or phrase hereof irrespective of the fact that any one or more sections,subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 6: EFFECTIVE DATE.This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 10th day of June 2008. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of publication in The Wylie News-June 18, 2008 Ordinance No.2008-28 Amending Section 2 of Ordinance 2007-36 and Article IV, Section 110-133 re: School Zones Page 5 494365-1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 10, 2008 Item Number: 5 Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: June 3, 2008 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, the appointment of a Council representative to the regional Emergency Preparedness Planning Council. Recommendation Motion to appoint as a representative to the regional Emergency Preparedness Planning Council. Discussion In 2002 the Council of Governments created the regional Emergency Preparedness Planning Council (EPPC) in response to requests from elected officials that the various emergency preparedness plans be integrated and coordinated on a regional level. The EPPC meets every other month, and provides guidance and makes recommendations to the COG Executive Board and the Regional Emergency Preparedness Advisory Committee which is the technical arm(staff participants) of the initiative. Attached is the Departmental Report from COG's Emergency Preparedness Program Director which outlines activities and accomplishments of the passed year. Approved By Initial Date Department Director 6/ /0/8 City Manager it, c/o bC, Page 1 of 1 North Central Texas Council Of Governments TO: City Manager DATE: May 29, 2008 FROM: Gregg Dawson Emergency Preparedness Program's Director, NCTCOG SUBJECT: Regional Emergency Preparedness Planning Council (EPPC) Nominations In February of 2002, the Council of Governments hosted an Emergency Preparedness Conference. At the conclusion of the conference, several elected officials requested that we develop a program that would facilitate the coordination and integration of the various emergency preparedness plans of our membership and to include other stakeholders such as state and federal agencies, hospitals, and other private sector entities. By having a more integrated and coordinated emergency planning process, it is believed that the region could do a better job of responding to a large scale, catastrophic event. It would also strengthen response capabilities to other natural and human caused emergency situations. In response to this request, our Executive Board authorized the creation of a Regional Emergency Preparedness Planning Council at its Board meeting on April 25th 2002. The Council is composed of elected officials from participating cities and counties. Cities are grouped into population brackets in accordance with current population estimates. Each participating city may nominate an elected official to be considered for a seat on the Council. Each population bracket will be assured a minimum of one seat on the Council. Population brackets with one to five participating cities will be assigned 1 seat, brackets with six to eleven cities will be assigned 2 seats, and brackets with twelve or more cities will be assigned 3 seats. Due to the two-year term limitations of the council members, we currently have a vacancy in which your jurisdiction is eligible. The Executive Board will review all nominations and select members at its June 26, 2008 Board Meeting. In order to receive your nominations for the Executive Board, please return the attached form to the Emergency Preparedness Department no later then June 9, 2008. For your information, we have included our Departmental Report, Current EPPC Roster, as well as the Nomination Form. Please be sure to check the Emergency Preparedness website to see the current work of the council and emergency preparedness department. www.nctcoq.orq/ep I appreciate your support of this program and look forward to working with you to increase our regional emergency preparedness capacity even more over the next two years. mm Attachments 616 Six Flags Drive,Centerpoint Two P.O.Box 5888,Arlington,Texas 76005-5888 (817)640-3300 FAX:817-640-7806 ®recycled paper www.nctcog.org - 2008 — North Central Texas EMUU Emergency Preparedness Planning dap Council 11 Nomination Form — Date / /2008 Elected Official Nominated Title City of Mailing Address City Zip Code Email Address Phone Number ( ) - What contributions could the nominee make to the council? Nominated By Title City of_ Mailing Address City Zip Code Email Address Phone Number ( ) - Nominator Signature Please return the nomination form in the enclosed addressed envelope to the North Central Texas Council of Governments Emergency Preparedness Department. In order to present the nominations to the Executive Board we will need to have all nominations sent in by March 12,2008. EMERGENCY PREPAREDNESS DEPART MENTAL REpORT , , , i , tA,w ,. - , A ,„-„,..:.,,,,,,,, `12;1'' . , NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS JANUARY 2008 , t Ira ° '''''n', -7 • and . Enha . . ''v;r i hips ,proactive t, , Emec• ., ,;:,..f. ,',,, -,4 0_1E, - 5-initiatives though #, .. ,N1-.*..., advocs c ' 4;5i,-10--:',1 -- ,- ,, •od collaboration. - -i\s, (,; • . ' ( 1 ,,,0411(1111 TABLE OF CONTENTS Words from the Director 4 Awards 5 Cities Readiness Initiative 5 Public Health Preparedness 5 State Homeland Security Program and Law Enforcement Terrorism Prevention Program 6 Citizens Corps Council 6 Regional Mitigation Strategy 7 Urban Area Security Initiative 7, 8 Social Service Block Grant 9 Emergency Planning Council 9 Regional Emergency Preparedness Advisory Committee 10 National Incident Management System 11 Regional Homeland Security Training ..12 North Texas Communicators 13 Regional Emergency Managers 13 Special Needs Assistance Program 14 Interoperable Communications .15 Mapping 16 Video Teleconferencing 16 Contacts 17 EMERGENCY PREPAREDNESS DEPARTMENTAL REPORT Vtot February 1,2008 North Central Texas Partners: I was recently asked by a long time city management professional if we could provide a flow chart of all the regional stakeholders and organizations we work with and how they interact with each other. My response was that I am certain we can do that,but it may be outdated the same week. What a great problem to have. We are continually discovering new agencies and individuals that want to join us in our efforts to build regional self-reliance and emergency preparedness capacity. It's no surprise we had another very challenging year in 2007,yet we prevailed and seem to be well advanced and more efficient in the processes and governance structures we have created. Many of the major initiatives from last year included: shelter hub planning;catastrophic event planning; public health preparedness;hospital preparedness/medical surge planning;public education;Critical Infrastructure/Key Resource identification and protection;and the Multi-Agency Coordination Center. Each is still moving full-speed ahead and demanding significant time commitments by emergency planners and others. We will be continually challenged to merge and leverage the myriad of funding streams,and sometimes very similar deliverables, while being the best stewards possible with homeland security and related funding. I encourage all of you to"plug in"wherever you can. The opportunities are endless and you will be in good company. Our region's emergency managers swept the Emergency Management Association of Texas annual awards event at the Texas Homeland Security Conference in December. In addition,the incredibly successful KnoWhat2Do public education program received an international award and recognition from the International Association of Emergency Managers. Please read on in the following sections for more details on all of the region's activities. Let's have a productive and safe 2008.Thank you for your dedication to public service in our communities in North Central Texas. /01 Gregg Dawson Emergency Preparedness Director North Central Texas Council of Governments 616 Six Flags Drive Arlington,Texas 76005 817-608-2371 EMERGENCY PREPAREDNESS DEPARTMENTAL REPORT 4 V44/6 AWARDS 2007 was quite a year for projects and coordinators in North Central Texas.Not only did the regional public Other Awardees education campaign,KnoWhat2do,win second place in EMAT Outstanding Media the International Association of Emergency Managers rt, , stat cn riaca er (IAEM)Public Awareness Award(Division 2,State/ KrJTu Rai t FM ,u .,�]r��r/ ,t rl �n T �a, radio Regional National Government, International,or Non- at0i'� Profit Organization),the project also won an Excellence EMAT Excellence in Emergency Management in Emergency Management Award from the Emergency ri,rth Cor tray T, Car ter Management Association of Texas(EMAT). In fact, EMAT"Lou Harrell" Emergency Manager of the Year North Central Texas swept the 2007 awards. P<,ty syru�r�r. Halter C ty Er erger, y rt or r"nater Details about the awards can be found on the c� � associations' Web sites: http:/iwwW.Iaem.com and EMAT Excellence in Emergency Management K-3r n Snr.,d�ntiki, Flawer Flound Fire and Emergency http://www.emat-tx.or4. scrv�ces Congratulations to all the winners. Let's work in EMAT Excellence in Emergency Management 2008 to ensure another overwhelming victory! For 5,,,,,,,,, ort.. Parrey c�,�:rrty Er„e�Henr I questions,contact Molly McFadden at 817-608-2322 or nuncfadden(anctcog_org. CITIES READINESS INITIATIVE Since 1999,the federal government has expended counties: Collin, Dallas, Delta, Denton,Ellis,Hunt, significant effort and resources to enhance the safety Johnson, Kaufman, Parker, Rockwall,Tarrant and of Americans in the case of a Wise. These jurisdictions have developed biological event,through the • plans and infrastructure to provide development of the Strategic National medications,within 48 hours of an event, Stockpile(SNS). The initial efforts "" to their entire population. have been primarily at the state level. .� As of January 2008,officials for all 12 As a natural next step,the Center counties have approved several designated for Disease Control,the Texas sites within their respective counties to Department of State Health Services serve as Point of Dispensing sites(PODs), and the North Central Texas Council and each county has a volunteer of Governments(NCTCOG)are coordinator in place to organize working with local jurisdictions to volunteers who will staff these sites and make full and effective use of the each has the capability to open POD sites SNS in the event of a possible today, if necessary. biological terrorist attack. For questions,contact Matthew Garrett This preparedness will be accomplished through at 817-608-2379 or magarrett(u)nctcoC.org. You may the Cities Readiness Initiative. Special funding, also visit the CRI Web site at: training and equipment will be provided to 12 http://wyw.nctcog.org/ep/Special ProjectsiCRI. PUBLIC HEALTH PREPAREDNESS In January 2007,Erath, Hood,Navarro,and Somervell counties began the Public Health Preparedness(PHP) program. Palo Pinto County is scheduled to begin the program in 2008. This program is similar to the Cities Readiness Initiative and is designed to help prepare counties respond to a biological terrorist attack within 48 hours. These counties,the Texas Department of State Health Services,and the North Central Texas Council of Governments,are working together to identify and train volunteers within these counties to serve as volunteers for Point of Dispensing Sites(PODS). For more information,contact Matthew Garrett at 817-608-2379 or magarrett ti netco,,org. EMERGENCY PREPAREDNESS DEPARTMENTAL REPORT 5 STATE HOMELAND SECURITY PROGRAM & 'f�q.ND Sty, LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM For fiscal year 2007,the North Central Texas Council of Governments region received State Homeland Security Program(SHSP)and Law Enforcement Terrorism Prevention Program(LETPP)funding from the U.S. Department of Homeland Security through the State of Texas. As a result of the funded projects,the capacity of local governments throughout the region to prevent,protect, respond and recover from a terrorist incident will be greatly enhanced. Both SHSP and LETPP funding streams are intended to support activities involving terrorism preparedness and to help build and better enhance capabilities at the state and local level. The Regional Funding for 2007 Emergency Preparedness Advisory Committee (REPAC),which scored the FY07 projects during a The Ur, ",� ,�� d�` thr�ugrout the for home pro °ct�: three-phased process in May 2007,worked tirelessly to guarantee that a fair and impartial grant process was • SHOP conducted. Their efforts helped ensure that the funded sz,t02770 42 projects will significantly enhance the region's ETPP homeland security and terrorism prevention >z,zz t,-too.t capabilities. 51 FY07 funding,as well as future funding, is intended '3 ''170 to support projects that take on a regional approach in helping strengthen preparedness to any unexpected ca�� fD� pro e16 ��d�<� �� aur zoo7, ��th 108 E i j i t, eq ie�Ung �t6,379 O' a^d 70 pt final incident. Little information is available,however,on apE„o,a1 for fundinq. when,or how much, funding will be available to the State or the NCTCOG region for the FY08 cycle. Additional information regarding FY08 SHSP and LETPP funding,as it becomes available,can be found at: http:/iwww.nctcog.org./ep/REPAC. For any questions on past or future funding,please contact Shad Lancaster at 817-608-2323 or slancaster(rjnctcot.org. CITIZEN CORPS PROGRAM Citizen Corps is a component of USA Freedom Corps that creates opportunities for individuals to volunteer to help their communities by preparing for and responding to emergencies. The program brings together local leaders,citizen volunteers and the network of first responder organizations. The goal of CCP is to have all citizens participate in making their communities safer, stronger,and better prepared for preventing and handling threats of terrorism,crime,and disasters of all kinds. Citizen Corps programs include Community Emergency Response Teams(CERT),Volunteers in Police Service(VIPS), Fire Corps, Neighborhood Watch(NW),and Medical Reserve Corps(MRC). There are currently over 60 active Citizen Corps programs within North Central Texas.Approximately$216,000 in local grant funds were provided from the Governor's Division of Emergency Management and citizen* an Urban Area Security Initiative regional project to support these efforts in FY07. The NCTCOG coordinated a CERT Train-the-Trainer course in September 2007,resulting in over 40 new CERT trainers for the region. Additional classes will be scheduled in 2008. NCTCOG is also preparing to update our Citizen Corps Web site to enable jurisdictions to share trainings, events,and best practices easily.NCTCOG is also looking forward to bringing in Teen CERT to the region and is planning to help implement this program in several schools districts. For more information go to hop.Uwww.nctco ,pr 'ep TCC. You may also contact Matthew Garrett at 817-608-2379 or ma reu a nctcoor_g. EMERGENCY PREPAREDNESS DEPARTMENTAL REPORT 6 sa Afig REGIONAL MITIGATION STRATEGY A Regional Mitigation Strategy is comprised of 13 Local Mitigation Strategies(LMS)that are a Multi- Jurisdiction Hazard Mitigation Action Plan.The Code of Federal Regulation defines a Hazard Mitigation Action Plan as a plan that"provides the jurisdiction's blueprint for reducing the potential losses identified in the risk assessment,based on existing authorities,policies,programs and resources,and its ability to expand and improve these existing tools." Currently,there are approximately 52 jurisdictions participating in a LMS. Each LMS is working towards completing the planning process and submitting the plan for FEMA approval. Once approved,the plan allows local jurisdictions to apply for Mitigation Grant funding in order to implement the projects identified in the LMS plans. The plans might include: individual shelter programs,house acquisitions or hardening infrastructure. For more information,contact Amanda Burnett at 817-695-9291 or aburnett(d)nctcog.org. URBAN AREA SECURITY INITIATIVE The UASI program provides grant funding to address unique multi-disciplinary planning,operations, equipment,training,exercise and personnel needs of high-threat,high density Urban Areas. The Dallas/Fort Worth/Arlington Urban Area(DFWA UA)Working Group continues a focus to enhance regional preparedness to prevent,protect, prepare for,respond to,and recover from threats or acts of terrorism through the implementation of the DFWA Urban Area Strategy,which is posted on the UASI Web site. The UA boundary includes a population totaling approximately 5,270,000.There are over 150 jurisdictions of all population sizes, 11 totaling more than 100,000 each in population,within this boundary. Currently,the region is working on the 2005,2006,and 2007 grant cycles. The 2005 grant cycle will be closing in September 2008. For 2006,the UA Working Group approved and funded 75 �* projects totaling$13.4 million. In 2007,76 projects were funded totaling$20.3 million. The i" UA Working Group utilizes regional subcommittees comprised • of subject matter experts representing various disciplines to review discipline specific information and projects. The regional 11111111V, subcommittees include: Direction and Control, Exercise, Explosive Ordinance Disposal, Urban Search and Rescue, -41111114 Hazardous Materials, Special Weapons and Tactics,Citizen Corps Programs, Public Education, Fusion Center, Medical and Mass Prophylaxis,and the Interoperable Communications Governance Committee. With exception of the Interoperable Communications Governance Committee, membership is open to all jurisdictions in the NCTCOG region. For the Governance Committee, membership is limited and must be approved by the NCTCOG Executive Board. NCTCOG staff is providing assistance to the UA Working Group with project management,regional subcommittee coordination,strategy implementation/revisions,and The 2008 grant process will be administrative/technical assistance for the Texas DPA(SPARS)Web starting in late February, site.NCTCOG staff also maintains the UASI Web site at http:;' watch the Web site for details! nctco .orE epitJASI. In all,the NCTCOG Emergency Preparedness Department has successfully assisted the DFWA UA to allocate,administer and manage$81,388,390.35 in Homeland Security funding through multiple leadership and administrative changes. For more information contact Mistie Gardner at 817-608-2311 or nigardner(rinctcog.org. EMERGENCY PREPAREDNESS DEPARTMENTAL REPORT 7 a URBAN AREA SECURITY INITIATIVE CONTINUED The UA has experienced great success and achievement since the grant began in 2003. A few recent examples include: • The KnoWhat2Do public education campaign has fostered interest on all levels. This program has received awards and recognition from the International Association of Emergency Managers (IAEM), the Federal Emergency Management Agency (FEMA), and the Emergency Management Association of Texas (EMAT). KnoWhat2Do has been implemented beyond the DFWA UA to the entire region educating over six million people. The Web site has had more than 148,000 site visits and over 100,000 pieces of program information have been distributed. • UA jurisdictions recently completed specialized Hazardous Materials (HazMat) trainings utilizing FY2006 and FY2007 UASI grant funds. These trainings will enhance local HazMat team capabilities in sampling and chemical/biological response. • Crisis Incident Management Software is in the process of being implemented throughout the UA and will cover the entire 16-county region in the near future. • The Citizen Corps Program (CCP) continues to be a focus for the UA. The UA Working Group has funded regional CCP projects since 2005 totaling more than $160,000.00 to be distributed to the region. This amount does not include CCP projects funded within the core cities of Dallas, Fort Worth, and Arlington. The NCTCOG CCP is incorporated regionally with 16 Citizen Corps Councils including active participation from more than 155 CCP teams. • With help from the UASI program, the UA has achieved level IV interoperable communications and has been recognized for this ability by the state through a recent regional exercise. • The UA will continue to identify and assess risks and take action to protect critical infrastructure and key resources (Cl/KR). The UA will continue to assemble, analyze, and enhance assessment threat information. A combination of this data will be utilized to accurately identify gaps and shortfalls, which will assist in the reduction of vulnerability. To further enhance the ability to reach this goal, the UA is in the process of implementing a Multi-UASI Infrastructure Protection/Risk Management Network. EMERGENCY PREPAREDNESS DEPARTMENTAL REPORT 8 4 2006 SOCIAL SERVICE BLOCK GRANT On August 29,2005,Hurricane Katrina made landfall on the Gulf Coast of the United States,affecting Louisiana, Mississippi,Florida and Alabama. More than 800,000 citizens were forced to live outside of their homes-the largest displacement of people in over 70 years.As a result,many organizations and entities have worked together to help residents rebuild their lives in the wake of this disaster. The U.S. Department of Health and Human Services(HHS)awarded$550 million in Social '_ ' `''' . i►i'" i:@, ,,, .. Service Block Grants(SSBG)to respond to the human services ' •- . i 7. and mental health needs of individuals in the affected regions. :4 t' ' ' b From these grants,the State of Texas received approximately $87,951,690 million to distribute to local organizations and/or . », local governments to provide a wide array of health and human --i sx-• v -, . . z,, �. service needs. —I' ' 'mil,�; ,• " The North Central Texas Council of Governments 4.4 l (NCTCOG)received$8,892,609 from the Department of Health ` and Human Services and$8,447,971 is available for _ '•1 _-- = expenditures for Hurricane Katrina recovery. Through — - appropriations in a federal SSBG,NCTCOG is one of several Councils of Governments throughout the state chosen to administer the funds to social service agencies that provided relief from the devastating storm. An advisory committee,made up of key stakeholders from within the region,provided guidance and best practice approach ideas related to the grant process. Applications were accepted in the fall of 2006 for agencies that have or are still serving individuals affected by Hurricane Katrina. In 2007,the SSBG allowed NCTCOG to purchase school supplies to approximately 900 Katrina survivors in grades pre-K-12. A total of 54 applications were received from various hospitals,social service agencies, faith based organizations,school districts,cities,and county agencies in the North Central Texas region. Applications received were scored and examined by the Social Service Block Grant Review Committee. Based on the recommendations of the Advisory Committee and the Review Committee,NCTCOG was able to fund 48 organizations within our 16-county region. The performance period for the Social Service Block Grant is from August 29,2005 to December 31,2008.All funds must be encumbered by October 31,2008. For more information,please contact Kathryn Cane at 817-695-9233 or at kcaneonctcog.or2. You may also contact Trameka Jewett at 817-695-9256 or tiewett(jnctcog.orE.The SSBG Web site is http://www.nctcog.org'ep/ Special Projects/NTCS,index.asp. EMERGENCY PREPAREDNESS PLANNING COUNCIL 2008 EPPC Schedule The Emergency Preparedness Planning Council Th Ir,:ay, Fel>r:ary 14, 20013 9 30,3r» (EPPC)is a group of local elected officials from the Location NCTCOG Regrcnal For Rocm11 NCTCOG region and was created to provide Thur,Jay Apr' 10, 2,008 9 0 am guidance and recommendations for the Regional L,,__.c�r,: 11CTCOG rtctroplex c r°cr„r Room Emergency Preparedness Advisory Committee Thor;ay Jun 12, 2008 9 30 ant (REPAC),the Emergency Preparedness L_ca,.on. r/crcoG w;,,. R't c'ck n,cr<.i Rc.;9„ Department,and the NCTCOG Executive Board. rnr,r,Jay, A�.3 There are currently 20 members representing small, L. 14, zoos9 30 am LucaL :,n 11C11COG Reg'cnal F rb ,, Roos, medium and large jurisdictions.The Council meets every other month to provide guidance on regional Tim,-3t1 3y, 00,A2er 9, z008 9 30 art, Local on: NCTCOG Rer ycnal F cr m Roon, policies. For more information,please contact Molly McFadden at 817-608-2322 or rh' r,dav, December 11, 20033 9 30 cm Locar'cn, r1CrLOG Rc,1 cnal F rr.,', R, rnr ill mefadden'cinctco:z.org.You may also visit the EPPC Web site: http:'w VON.nctcoe.org,eJ2 EPPC. EMERGENCY PREPAREDNESS DEPARTMENTAL REPORT 9 -184 REGIONAL EMERGENCY PREPAREDNESS ADVISORY COMMITTEE The Regional Emergency Preparedness Advisory Committee(REPAC)was created in November 2004 to act as a technical committee to the Emergency Preparedness Planning Council(EPPC).The EPPC serves in an advisory role to the NCTCOG Executive Board by providing policy direction and oversight regarding the region's coordination and management for emergency preparedness and response.The committee has maintained a close working relationship with the members of EPPC over the years,and continues to provide valuable insight and expertise to the council regarding all-hazards and homeland security preparedness and prevention. 2007 was another busy year for the members of REPAC, including significant changes regarding the make-up of the committee proposed by the committee 2008 REPAC Schedule leadership. For instance, REPAC increased its membership base from 38 to 39 members by adding Tuesday, February 12, 2008 9:30-11:30 an additional communications position. This was in Location: NCTCOG reaction to the recognized importance,both at a regional and state level, for the need to enhance Tuesday, March 11, 2008 1:00-3:00 Location: NCTCOG expertise with interoperable communications. The disciplines represented on REPAC also changed Tuesday, April 15, 2008 9:30-11:30 during 2007. Initially the committee was made up of Location: NCTCOG a range of disciplines including: emergency management,fire, law enforcement,public health Tuesday, May 13, 2008 1:00-3:00 and hospitals,public information officer, independent Location: NCTCOG school districts,private sector,public works, governmental affairs,communication and Tuesday, June 17, 2008 9:30-11:30 transportation. Location: NCTCOG The committee decided to consolidate the Tuesday, July 15, 2008 1:00-3:00 emergency management, fire and law enforcement Location: NCTCOG positions into one,all encompassing public safety position.The committee also decided to dedicate five of the public safety positions for rural representation, which includes any jurisdiction,city or county,outside the core metropolitan counties of Collin, Dallas, Denton and Tarrant. Over the last year,the committee's focus was on reviewing and approving regional state homeland security grant projects and subsequently ensuring that the projects follow state and federal guidelines for project implementation. During 2008,REPAC will maintain focused on grants and will continue to foster closer working relationships with local jurisdictions on other activities. Those activities include coordinating regional strategic planning regarding emergency preparedness and helping to develop and ensure regional preparedness for response to significant incidents. Committee meetings are normally held at the North Central Texas Council of Governments and are open to the public to attend . A schedule of the FY 2008 meeting is provided above. For questions,please contact Shad Lancaster at 817-608-2323 or slancasteriti nctcog.org. You may also visit the REPAC Web site: http: www.nctcog.org ep/RITAC. EMERGENCY PREPAREDNESS DEPARTMENTAL REPORT 10 NATIONAL INCIDENT MANAGEMENT SYSTEM The National Incident Management System(NIMS)was developed by the Secretary of the Department of Homeland Security at the request of the President after he issued Homeland Security Presidential Directive (HSPD)-5 in February 2003.The system is intended to provide a consistent nationwide approach for all levels of the government to work effectively and efficiently together to prepare for and respond to domestic incidents. The draft revised NIMS document The NIMS document was revised in 2007 to reflect contributions can be accessed by going to: from stakeholders around the nation(with participation from federal, htto://www.fema.govilibrarv/ state,tribal, local,private sector and nongovernmental organizations) and lessons learned from recent incidents.The revision focused on viewReeord.do?id=2961 clarifying concepts, issues,and topics within the document without any major policy changes.The document was reorganized to reflect the linear progression of emergency management and incident response,and diagrams and textboxes were added to increase clarity and highlight key concepts. On September 10,2007,the Department of Homeland Security's Federal Emergency Management Agency (FEMA)completed an extensive review of the National Response Plan(NRP). Since September 2006,more than 700 individuals representing federal,tribal,state,and local governments;non-governmental agencies;and the private sector participated in the initial review process. As a result of this review,the NRP was re-named the National Response Framework(NRF),and changes were made to better align the document with its intended purpose. The NRF retains the same core principles contained in the National Incident Management System(NIMS)by which first responders from different jurisdictions and disciplines can work together to respond to natural disasters and emergencies, including acts of terrorism. The NRF also encourages a higher state of readiness by drawing a sharper focus on the value of preparedness activities that di, 0 4?,?1 Tim can improve response across all jurisdictions: planning, ha h organizing,training,equipping,exercising and applying `i lessons learned. Mastery of these key tasks supports unity I ,. Wes,r , 1 y . of effort,and thus the ability to save lives,protect f property and meet basic human needs. -` NIMS compliance is a requirement to receive federal preparedness awards, in the form of grants,cooperative 11 , agreements and direct contracts.The requirements for compliance to recipients of these awards, including the ,, , ` fil"� DHS Homeland Security Grant Program,have been established annually since FY05.These requirements t mandate that recipients of these awards will be NIMS compliant as a condition of the grant award. FEMA has __ .~ r , t updated the NIMSCAST tools and jurisdictions can set —_ up city accounts through their council of governments. The NCTCOG Emergency Preparedness Department has also set up a resource Web site for NIMS information,which can be found at http:/!www.nctcoL,.org/epininms/ index.asp. The information provided in this article was accessed through the FEMA Web site: hap::''www.fenia.eov. If you would like to learn more about NIMS and NIMSCAST,this Web site is an excellent source of information. For more information,contact Shad Lancaster at 817-608-2323 or slancasteranctcog.org. EMERGENCY PREPAREDNESS DEPARTMENTAL REPORT 11 , REGIONAL HOMELAND SECURITY TRAINING NCTCOG Emergency Preparedness Department has assisted in a wide variety of exercises and training for first responders,public health,medical,public works,and elected officials throughout the years. We would like to provide you with the 2008 Regional Training Schedule in an effort to raise regional awareness and participation as we strive to make the NCTCOG region the leader in preparedness. You may visit our Web site at http:i:Www.nctcog.org/ep/traininQ for more information on training opportunities and registration information or contact Elizabeth Barriga at 817-695-9138 or by e-mail at ebarriaa(d nctcog.org. For information in regards to the regional calendar,please visit: http:ilwww.nctcog.org/ep!canendar.asp. The following are a few examples of the training opportunities available in the region: • Bioterrorism: Mass Prophylaxis Preparedness and Planning This course is a guide for local health officials and their partners in the local public health system to coordinate plans to provide mass distribution of pharmaceuticals for thier jurisdiction as they relate to the Division of Strategic National Stockpile (DSNS) Program. • Donations Management This course is designed to provide participants detailed information on how unsolicited donations can quickly turn response and recovery operations into the "second disaster" if there is not effective donations management preplanning. • Emergency Response: Strengthening Cooperative Efforts Among Public and Private Sector Entities This seminar, targeted toward key members of the community, both public and private, brings the community together to strengthen collective emergency management capabilities within the context of critical infrastructure disasters. • ICS-300: Intermediate This course is intended to serve as a vehicle to share proven incident management strategies and practices as well as to enhance teamwork and coordination among the agency's "mid-level managers and command staff" directly responsible for emergency response to incidents of all types; an "all hazards" approach Incident Command System (ICS) will be employed. • ICS-400 Advanced This course is intended to serve as a vehicle to share proven incident management strategies and practices as well as to enhance teamwork and coordination among all response agencies' officers directly responsible for emergency response to a WMD/ terrorism incident or other "Incident of National Significance". • Mitigation Planning The course teaches how to develop and update Local Mitigation Action Plans. It covers the complete process, from building the local mitigation team through conducting hazard analysis. It also helps develop local mitigation goals and measures. • WMD Threat and Risk Assessment This Planning/Management level course prepares emergency responder managers and community leaders to conduct comprehensive, capabilities-based threat and risk assessment for a weapons of mass destruction (WMD)/terrorism/all-hazards incidents under the National Response Plan and Presidential Directives. EMERGENCY PREPAREDNESS DEPARTMENTAL REPORT 12 NORTH TEXAS COMMUNICATORS The North Texas Communicators Subcommittee(NTCS)was originally created in 2003.On October 31,2007, the group held their first meeting since the group dismantled in early 2006.The Subcommittee provides opportunities for people who are Public Information Officers(PIO),or individuals in a communication or marketing discipline to meet on a regular basis in order to network and coordinate with others in our region. Many different fields are involved with NTCS. Professionals from cities, Request for Applications counties,public safety, schools, universities,hospitals,public health, Early in October 2006, NCTCOG appHcat one 60111 entitles that have or are'dill serving nbr duals affected by Hum r cane Kati:na and emergency management are involved. Entrtier[hat :-;ere cr are 7 nvolr.e:J: Currently,the group is working on • clt,e,, a Regional Joint Information Center • counties (JIC)plan for the North Central Texas • Health.pare roviderr 5 region. They are also coordinating our • Non-profit organvzat ons Regional Emergency Public • Faith-hai-ed organ�za[ion� Information Plan(REPIP)with the • con,Tunity havers or*le'.r/-3LOnv North Central Texas Multi-Agency • Educarcnal<;rganrza[on, Coordination(MAC)System. • And any or vccai Service rn the re iron In order to improve communication among the committee members and promote regionalism,a list serve has been developed. The list serve is designed to provide a public forum for Public Information Officers and other communicators to exchange ideas,thoughts,problems and solutions that relate to the emergency management profession in North Central Texas. This e-mail discussion group should be used solely to share ideas and information related to emergency management and communication.The moderator of the email Discussion Group is the NTCS Chair,John Cabarales,a City of Denton Public Information Officer. If you would like to be added to the list serve,or would like more information,please contact Trameka Jewett at 817-695-9256 or tjewett@nctcog.org. You may also contact Kathryn Cane at 817-695-9233 or kcane(d nctcog.org. Additional resources are available at: http://www.nctcog.org/ep/Special Projects/RPIO/index.asp. REGIONAL EMERGENCY MANAGERS The North Central Texas Regional Emergency Managers Group(REM)was established to provide an opportunity for emergency management professionals in North Central Texas to network regularly in order to discuss current issues and hear topical discussions or presentations.The group also provides an organized format for correspondence with state or federal contacts on issues important to the group. Meetings are held on the first Thursday of every month from 9:30 a.m.— 12 p.m. Meetings will rotate between 2008 REM Leadership Chairperson: Phillip Mongeau, Mesquite First Vice Chair: Melissa Patterson, Tarrant County Second Vice Chair: Jason Lane, Collin County Secretary: Manah Armitage, Plano different cities each month, if possible.Topical speakers and programs will be presented and regional issues and projects are discussed. Membership includes interested emergency management professionals in local,state,or federal government, allied non-profit agencies,school districts,and the private sector. For more information,visit the REM Web site: http:''www.nctcog.org'ep'RE-'M. EMERGENCY PREPAREDNESS DEPARTMENTAL REPORT 13 ` e 444 SPECIAL NEEDS ASSISTANCE PROGRAM The City of Fort Worth Office of Emergency Management IOWreceived an award through a FY07 State Homeland Security Program grant award to expand the Special Needs Assistance Program(SNAP)project into the 16 counties of the North ‘"\\ Central Texas Council of Governments. The goal of the regional project is to develop a method by which jurisdictions and agencies can capture information on individuals with special needs within their communities. Any ` advisory committee is being formed to direct implementation of the program. • For more information,visit the SNAP Web site: http:!!www.nctcog.or 'ep/Public Education asp. SNAP Projected Budget The regional project will be developed in several phases: • Website design $15,000 00 Phase I- Identify committee members— ISt • Website maintenance committee meeting January 23,2008. $10,000.00 Phase II—Develop Regional Requirements(Web site • Brochures design as well as telephone numbers) $20,000.00 Phase III—Modify Web site and develop new • Training brochures 10,000.00 • Marketing Phase IV—Test the Web site and administrative $2 0,0 0 0.0 0 functions Phase V— Sign inter-local agreements Phase VI—Official rollout of the Regional SNAP $75,000.00 Program EMERGENCY PREPAREDNESS DEPARTMENTAL REPORT 14 INTEROPERABLE COMMUNICATIONS Interoperable Communications is a joint effort of the North Central Texas Council of Governments' Departments of Community Services and Emergency Preparedness. With Homeland Security funds through the Department of Emergency Preparedness,Community Services has planned and coordinated the regional interoperability efforts over the past four years. Interoperable Communications is the ability of public safety agencies and first responders to communicate,on demand and in real time,no matter what frequencies and radio equipment are being utilized. The purpose of working with area public safety agencies is to enable and improve interoperability throughout the region. Several major initiatives are underway or have recently been completed. Recent Initiatives • Recently, the Regional Interoperable Communications Initiative, designed to provide agencies with a Level 4 Tactical Capability across the region, was completed. Many agencies received dispatch equipment, mobile equipment, or transportable equipment. During November of 2007, the Texas Engineering Extensive Service's Exercise and Evaluation Department held a regional exercise in North Central Texas where agencies were able to demonstrate Level 4 compliance. The exercise was a success and allowed many of the participating local, state, and federal partners to share ideas and make contacts with peers from throughout the region. • Another initiative, the Tactical Interoperable Communications Plan (TICP), was an Urban Area Securities Initiative-required communications product. The TICP is a reference plan for regional commanders and communications personnel to know what tactical resources exist for them during a catastrophic incident or extreme event that overwhelms their resources. The plan highlights communications procedures, pre-planning, asset documentation, on scene usage and assignments, full scale exercises, and multiagency coordinators. The plan and subsequent exercise both passed review by the Department of Homeland Security. The future plan for the TICP is to incorporate it into the non-UASI areas of the NCTCOG region so that all agencies can benefit from the information inside. Furthermore, the document is a living document and will be updated, changed, and renewed as equipment, personnel, and agencies change. • The most recent challenge in interoperable communications is the direction from the Governor's Office to migrate towards Standards Based Radio Communications across the state. This directive focuses on the ability of responders' radios using the same standard, allowing for roaming from system to system. This latest communications level is the highest capability that can be attained. The interoperable communications staff with assistance from the Interoperable Communications Governance Committee is beginning the early stages of planning for the standards based systems. Furthermore, departmental personnel are working to obtain funding to begin development of the framework for a regional standards-based radio system, and to develop a long-range, comprehensive Regional Interoperable Communications Plan to provide uniform and consistent direction to local agencies. For more information about interoperable communications,contact Fred Keithley, Director of Community Services and Public Safety Communications at 817-695-9171 or tkeithlev?i'nctcog.org. You may also contact Jonathan"CJ"Holt, Public Safety Radio Communications Coordinator at 817-695-9142 orjholt(a nctcog.org. Information can also be found on the Web at http:' www.nctcog.org'cs!radio. EMERGENCY PREPAREDNESS DEPARTMENTAL REPORT 15 041* .tl MAPPING The North Central Texas Council of Governments Regional Associations Emergency Preparedness Department has a full-time Information Analyst to help you with your mapping needs. We currently have several maps available and are able to =� �,_ +" Hw create maps as needed. Some of the maps we currently have h � - are: regional response teams, emergency operation centers, t r emergency notification systems and aerial photos from our �.. �� °, region.The newest feature in our mapping library is II Kt `" interactive online maps. We created an interactive map of `'. evacuation shelters during the past hurricane season in order ® / for the regional emergency managers to have up to date 01111information. Several more interactive online maps are on \ �� the horizon and will be created in 2008.The Emergency / Preparedness Department has worked with the DFW Hospital Council to map where the emergency preparedness resources are in relation to the hospital resources. Future mapping projects are on schedule to aid the Regional Emergency Preparedness Advisory Committee and the Urban Area Security Initiative in their funding decisions. For more information or to request a map,contact Amanda Everly at 817-695-9214 or aeverly(ci,nctcou.org. You may also visit: http://www.nctcog.org/ephmiapping. VIDEO TELECONFERENCING A video tele-conferencing system has been fully implemented throughout region.The system assists local jurisdictions with communications during emergencies and will also facilitate active learning through training. "ithe The Video Tele-Conferencing System is a state of the art project that 1incorporates audio and video into a single package,using the Internet as a communication medium. In 2007,Regional Emergency Preparedness Advisory Committee purchased a server and software specifically for our regional video tele- conferencing system that is hosted at the North Central Texas Council of Governments.This server will allow the North Central Texas region to have more bandwidth and user allotments than previously on the state server. The Emergency Preparedness Department is in the process of implementing this new server and is continuing to familiarize users with the video tele- conferencing system. For additional information, updates or notices about the system,visit our Web site: http:,'.%www.nctcog.org/ep/special projects/vtc. You may also contact Amanda Everly at 817-695-9214 or aeverly Anctcog.org. EMERGENCY PREPAREDNESS DEPARTMENTAL REPORT 16 t • Emergency Preparedness Contacts Gregg Dawson Trameka Jewett Emergency Preparedness Program Director Emergency Preparedness Specialist 817-608-2321 817-695-9256 gdawson@nctcog.org tjewett;a`nctcog.org Molly McFadden Alisha Rollins Emergency Preparedness Manager Emergency Preparedness Specialist 817-608-2322 817-695-9216 mmcfaddenra nctcog.org arollins@nctcog.org Mistie Gardner Georgia Nelson Emergency Preparedness Supervisor Administrative Assistant II 817-608-2311 817-608-2371 mgardner@nctcog.org gnelson'a�nctcog.org Kathryn Cane CJ Holt Senior Emergency Preparedness Specialist Public Safety Radio Communications Coordinator 817-695-9233 817-695-9142 kcane:a`nctcog.org jholt@nctcog.org Shad Lancaster Vicki Baker Senior Emergency Preparedness Specialist Accountant 817-608-2323 817-695-9114 slancaster a,nctcog.org vbaker tiPnctcog.org Matthew Garrett Jessica Woydziak Emergency Preparedness Specialist Emergency Preparedness Intern 817-608-2379 817-608-2318 magarrett;u,nctcog.org jwoydziak g4nctcog.org Amanda Everly Francisco San Miguel Information Analyst Emergency Preparedness Intern 817-695-9214 817-608-2352 aeverly@nctcog.org fsanmiguel©nctcog.org Elizabeth Barriga Amanda McFerren Emergency Preparedness Specialist Emergency Preparedness Intern 817-695-9138 817-695-9290 ebarriga@nctcog.org amcferren@nctcog.org Amanda Burnett Emergency Preparedness Specialist 817-695-9291 aburnett,dInctcogorg North Central Texas Council of Governments Emergency Preparedness Department 616 Six Flags Drive Arlington, Texas 76011 817-608-2371 www.nctcog.org EMERGENCY PREPAREDNESS DEPARTMENTAL REPORT 17 2008 Emergency Preparedness Planning Council Rotation Log w Firs --1�ii3i .,:._ =� ";.,, ° i• i 443E-' nl,°teit _ ro"W_. - _ u Jim Foster County Judge COUNTY Dallas Permanent B. Glen Whitley County Judge COUNTY Tarrant Permanent Keith Self County Judge COUNTY Collin Permanent *Bobbie Mitchell Commissioner COUNTY _Denton Permanent Chad Adams County Judge COUNTY Ellis Permanent Don Beeson County Commissioner COUNTY Johnson Permanent HM Davenport County Judge COUNTY Navarro Permanent Wayne Gent County Judge COUNTY Kaufman Permanent Bill McElhaney County COUNTY Wise Permanent Jerry Allen Councilmember 750,000+ Dallas Dallas, Collin, Denton Permanent Carter Burdette Councilmember 400,000-749,999 Fort Worth Tarrant, Denton Permanent Scott Johnson Mayor Pro Tern 250,000-399,999 Plano Collin December 2009 Rick Williams Councilmember 170,000-249,999 Garland Dallas December 2008 Richard Fregoe Councilmember 120,000-169,999 Grand Prairie Dallas December 2009 Bill Cox Councilmember 80,000-119,999 Mckinney Collin December 2009 Tim Hayden Councilmember 80,000-119,999 Carrollton Dallas, Denton December 2009 Jody Smith Mayor 50,000-79,999 Flower Mound Denton,Tarrant December 2008 Allen Harris Deputy Mayor Pro Tem 30,000-49,999 The Colony Denton December 2009 Bobby Waddle Mayor Pro Tern 30,000-49,999 DeSoto Dallas December 2008 Marvin Franklin Councilmember 30,000-49,999 Coppell Collin December 2009 VACANT 15,000-29,999 Wylie Collin December 2008 VACANT 15,000-29,999 Little Elm Denton December 2009 David Kelly Mayor 15,000-29,999 Colleyville Tarrant December 2009 VACANT 5,000-14,9999 Murphy Collin December 2009 **Charles Smith Councilmember 5,000-14,9999 Sachse Collin December 2009 Jimmy Niemann Councilmember 5,000-14,9999 Addison Dallas December 2009 * Chair ** Vice-Chair In 2008, the council expanded to include new members. 5/30/2008 Wylie City Council CITY OF WYLIE AGENDA REPORT 1 Meeting Date: June 10, 2008 Item Number: 6 Department: Fire Department (City Secretary's Use Only) Prepared By: Noe Flores Account Code: 131-5641-54650 Date Prepared: May 29, 2008 Budgeted Amount: $ 65,000 Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2008-29 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of$65,000 for the purpose of purchasing Project 25 portable and mobile radios; providing for repealing, savings, and severability clauses; and providing for an effective date of this ordinance. Recommendation A motion approving Ordinance No. 2008-29 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of$65,000 for the purpose of purchasing Project 25 portable and mobile radios; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Discussion The City of Wylie will pay for an upgrade of the current analog and outdated 800 MHz portable and mobile radios. The old analog portable and mobile radios can be upgraded at a cost of approximately $1000 each. A new radio purchased at a later time costs approximately $2800. The reason for the savings is that Motorola and Nextel have provided this opportunity to each 800 MHz radio user. The City of Wylie will have Project 25 portable and mobile radios. Project 25 radios are the most compliant and best practices for interoperability. The Project 25 radios will work with a Digital and Analog system assuring the City of Wylie communications with any neighboring departments for years to come. Approved By Initial Date Department Director RC � 5/29/08 City Manager m r/i I 6 IC IOC Page 1 of 1 ORDINANCE NO. 2008-29 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2007-29 (2007-2008 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF SIXTY-FIVE THOUSAND ($65,000) FOR PURCHASING PROJECT 25 PORTABLE AND MOBILE RADIOS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2007-2008 budget adopted by Ordinance No. 2007-29 for the purpose of purchasing Project 25 portable and mobile radios. WHEREAS, the City Council has further investigated and determined that such an appropriation supports and furthers the City's goals of providing communication infrastructure for the citizens of the City of Wylie; and WHEREAS, the City Council has further investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2007-2008 budget by adopting Ordinance No. 2008-06 for the purpose of providing for this additional appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2007-29 (2007-2008 Budget). Ordinance No. 2007-29 (2007-2008 Budget) is hereby amended to allow for the following appropriation: That Sixty-Five Thousand ($65,000) be expended for the purpose of purchasing Project 25 portable and mobile radios; SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each Ordinance No.2008-29 Ordinance Amending 2007-2008 Budget Purchase of Project 25 for Portable and Mobile Radios section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 10th day of June, 2008. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2008-29 Ordinance Amending 2007-2008 Budget Purchase of Project 25 for Portable and Mobile Radios Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: June 10, 2008 Item Number: 7 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: Date Prepared: June 4, 2008 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2008-20(R) to provide sanitary sewer service to a future Wylie Independent School District site located outside of the city limits. Recommendation Motion to approve Resolution No. 2008-20(R) to provide sanitary sewer service to a future Wylie Independent School District site located outside of the city limits. Discussion The Wylie Independent School District has identified a potential future school site located outside of the City of Wylie in the City of Lucas ETJ. The site is adjacent to and on the west side of FM 1378 across from the Seis Lagos development as shown on the attached display. WISD has requested sewer service for the site which will require the construction of an offsite sewer line connecting to the sewer system in the Creekside Development. Extension of the sewer line to the site will be the responsibility of the WISD. Approved By Initial Date Department Director CH 6-5-0 City Manager 6 /6 OK Page 1 of 1 RESOLUTION NO. 2008-20(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO PROVIDE SANITARY SEWER SERVICE TO A FUTURE WYLIE INDEPENDENT SCHOOL SITE LOCATED OUTSIDE OF THE CITY LIMITS. WHEREAS,the Wylie Independent School District ("WISD") has identified a potential school site located outside city limits of Wylie; and WHEREAS,the site is located in the City of Lucas Extra Territorial Jurisdiction; and WHEREAS,the City of Lucas does not have sewer service in the area of the potential site; and WHEREAS, the WISD has requested that they be allowed to connect the site to the City of Wylie sanitary sewer system; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Council does hereby approve the request for WISD to connect the potential school site on FM 1378 to the City of Wylie sanitary sewer system. SECTION 2: The WISD will be responsible for all cost associated with connecting the potential school site on FM 1378 to the City of Wylie sanitary sewer system. SECTION 3: No property located outside of the city limits of Wylie along the sewer line extension will be allowed to connect to the sewer system without approval of the City Council of the City of Wylie, Texas. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 10th day of June, 2008. Eric Hogue, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2008-20(R) Sanitary Sewer Service to Future WISD School Site C s 10 peo, i 1. 1. i1/4 \'411SL.iik1H.40,14C. NP, • III I " $ ".Y. , �'� i I r :or % .1+ I t+ I. ._CC N • s 3 __ .t t1 •t.v II, = 1'..•yIam ^� , x' ' 1 C ia 1 i _n _d • , t d" 1''aCk� 'M A. • - ►. t t • • V'...r S, . 14/ Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 10, 2008 Item Number: 8 Department: City Manager's Office (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: June 5, 2008 Budgeted Amount: Solid Waste Contract, Solid Exhibits: waste bid matrix. Subject Consider, and act upon, award of bid for solid waste services and authorizing the Mayor to enter into a contractual agreement with Community Waste Disposal L.P. for the provision of solid waste services in the City of Wylie. Recommendation Motion to award of bid for solid waste services and authorizing the Mayor to enter into a contractual agreement with Community Waste Disposal L.P. for the provision of solid waste services in the City of Wylie. Discussion The City of Wylie's current solid waste disposal contract will expire August 31 st of this year. On March 25th, 2008 the City Council appointed a solid waste citizens' advisory committee to provide feedback and advice to Council and staff on solid waste service issues. On April loth, 2008 the committee met and discussed solid waste service issues. The issues expressed included; dissatisfaction with the current level of service, a need for an option for disposing of household hazardous waste (HHW), a different method of residential bulk pickup, a need for curb-side Christmas Tree pick-up, a need for a mulching program, an option for bulk removal following storms, and a concern that revenue generated from recycle collection should be shared with the City/residents. The issues raised by the committee were incorporated into our Request for Proposal with the exception of a mulching/composting program. Staff felt that we did not have the staffing currently for the program and that it would have to be addressed through the budget process. The RFP process was conducted as follows: • On April 30th a Request for Proposals for Solid Waste Service for the City of Wylie was advertised in compliance with Chapter 252 of the Local Government Code. • On May 7th a pre-bid conference was held with venders interested in bidding on the solid waste contract. • On May 21 St a bid opening was conducted. Five proposals were received and opened. Immediately following the bid opening staff reviewed the proposals, compiled a matrix to compare costs, and got references on the providers bidding on the contract. • On May 28th staff met with the citizens' advisory committee to present the proposals and references and to hear their recommendations. The advisory committee makes the following recommendations: • That the City Council authorize the Mayor to contract with the low bidder, Community Waste Disposal Page 1 of 2 Page 2 of 2 (CWD) with the following service options: • HHW will be collected three times per year at a municipal site (during Cleanup Greenup events). • Bulk will be picked up on a "on call, as needed" basis with a limit of six (6) cubic yards per visit and 24 cubic yards per year, with an option to have additional bulk picked up as result of a storm or other weather event. • Recycle polycarts will be picked up every week. • Christmas trees will be collected at curbside and composted by CWD at no additional charge. • Wylie Independent School District will receive a 10% discount. • There will be a recycle commodities revenue share which was detailed in the proposal and is detailed in the contract. • Residential rates remain the same, no increase, which leaves room for the City to absorb any future rate increases. • The commercial fee charged by the City will be reduced so that the net effect of this contract will be no increase in costs for the business community. (This will be easily absorbed by the increase in revenue generated by the low residential bid). The net effect of the committee's recommendation is that residents will receive the additional services that they have requested, at no additional costs, the City will generate more revenue than it has in the past, and WISD will reduce their solid waste collection costs. Recycle Revenue Sharing: At our current level of recycle participation, the revenue sharing proposal will produce approximately $15,000 per year in revenue. With an increase in recycle pick up to every week, increasing commodities prices, and the growth of the City, staff is hopeful that this revenue will increase in the future. In thinking about a way to use this revenue that will help us motivate citizens to recycle more, staff offers the following proposal: • That the recycle revenue be rebated from CWD directly to WISD to be placed into a scholarship fund and used to grant college scholarships to graduating Wylie seniors. Staff anticipates that creation of a scholarship fund would assist the City of Wylie and WISD in encouraging citizens to increase participation in recycling and provide a tremendous benefit to citizens for years to come. I presented this option to the solid waste committee and some members expressed support for the idea while several members suggested other alternatives for the revenue that would benefit a wider range of residents. Suggestions included using the money for animal control, Parks and Recreation activities or programs, or using this revenue to fund the mulching program which was asked for but not included in this contract. How this revenue is utilized does not have to be decided tonight. The contract will take effect September 1st, 2008 and a use for the recycle revenue can be determined prior to that date by addendum to the contract. Community Waste Disposal did receive very favorable recommendations from current customers which are the Cities of Allen, Frisco and Little Elm. Approved By Initial Date Department Director JB 6/5/0 City Manager i,�� SOLID WASTE & RECYCLING CONTRACT BETWEEN THE CITY OF WYLIE, TEXAS AND COMMUNITY WASTE DISPOSAL, L.P. Effective September 1, 2008 518736-1 TABLE OF CONTENTS Page 1.00 GRANT 1 2.00 DEFINITIONS 1 2.01. Bags 1 2.02. Bins 1 2.03. Bulky Waste 1 2.04. Bundle .2 2.05. City 2 2.06. Commercial and Industrial Refuse 2 2.07. Commercial and Industrial Unit 2 2.08. Commodity 2 2.09. Commodity Buyer 2 2.10. Construction Debris 2 2.11. Container 2 2.12. Contractor 2 2.13. Curbside 2 2.14. Dead Animals 2 2.15. Disposal Site 2 2.16. Garbage 2 2.17. Hazardous Waste 3 2.18 Household Hazardous Waste 3 2.19. Holidays 3 2.20. Polycart Container 3 2.21. Producer or customer 3 Solid Waste& Recycling Contract(Community Waste Disposal,L.P.) Page i 518736.vl 2.22. Recyclable Commodities 3 2.23. Refuse. 3 2.24. Residential Refuse 3 2.25. Residential Unit 3 2.26. Rubbish 4 2.27. Stable Matter 4 3.00 SCOPE OF WORK 4 4.00 COLLECTION OPERATION 4 4.01. Service Provided. 4 4.02. Location of Polycart Container Bins, Containers, Bags and Bundles for Collection. 5 5.00 COLLECTION OPERATION 5 5.01. Hours of Operation. 5 5.02. Routes of Collection. 6 5.03. Holidays 6 5.04. Complaints 6 5.05. Collection Equipment 7 5.06. Office 7 5.07. Non-Collection 7 5.08. Interruption of Service 8 5.09. Hauling 8 5.10. Disposal 8 5.11. Emergency Circumstances and Notifications 8 5.12. Point of Contact 9 5.13. Property Damage 9 5.14. Liquidated Damage 9 Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page ii 518736.vl 6.00 COMPLIANCE WITH THE LAW 9 7.00 EFFECTIVE DATE 9 8.00 NONDISCRIMINATION 10 9.00 INDEMNITY 10 10.00 INDEPENDENT CONTRACTOR 10 11.00 LICENSES AND TAXES 10 12.00 TERM 11 13.00 INSURANCE 11 14.00 BASIS AND METHOD OF PAYMENT 12 14.01. Collection and Disposal Rates. 12 14.02. Rate Adjustments 12 14.03. Contractor to Act as Collector 13 14.04. Delinquent and Closed Accounts. 13 14.05. Contractor Billings to City 13 14.06. New Accounts and Account Changes 13 14.07 Charges for Containers not Returned 13 15.00 OWNERSHIP 14 16.00 CONTRACTOR FEE 14 17.00. RECYLE REVENUE SHARING 14 18.00 BOOKS AND RECORDS 14 19.00 TERMINATION FOR CAUSE 15 20.00 NOTICES 15 21.00 APPROVAL 15 22.00 AMENDMENT 16 23.00 FORCE MAJEURE 16 Solid Waste& Recycling Contract(Community Waste Disposal,L.P.) Page iii 518736.v 1 24.00 SEVERABILITY 16 25.00 ENTIRE CONTRACT 16 26.00 COUNTERPARTS 16 27.00 VENUE 16 28.00 ORDINANCES 16 29.00 AUTHORITY TO EXECUTE 17 30.00 ASSIGNMENT 17 31.00 SOVEREIGN IMMUNITY 17 32.00 MISCELLANEOUS DRAFTING PROVISIONS 17 33.00 NO THIRD PARTY BENEFICIARIES 17 EXHIBITS "A", "B" AND "C" ATTACHED Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page iv 518736.vl SOLID WASTE & RECYCLING CONTRACT THIS SOLID WASTE & RECYCLING CONTRACT (this "Contract"), made and entered into this 1st day of September, 2008, by and between the City of Wylie, Texas, a Municipal Corporation of Collin County, Texas, (hereinafter called the "City") and Community Waste Disposal L.P. , (hereinafter called "Contractor"). WITNESSETH: WHEREAS, Contractor formerly submitted a proposal for the provision of solid waste services within the incorporated city limits of Wylie, Texas. WHEREAS, the parties hereto desire for Contractor to provide Solid Waste and Recyclable Materials Collection within the City and to perform such work as may be incidental thereto in accordance with the terms of this Contract. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1.00 GRANT The City hereby grants to Contractor an exclusive contract to engage in the business of collecting from the Residential, Commercial (excluding temporary) and Industrial Units within the corporate limits of the City and disposing of Refuse and Recyclable Materials and, further, the City hereby grants to Contractor permission to use the public streets, alleys, easements and thoroughfares within the limits of the City for the purpose of collection and disposal of Refuse and Recyclable Material, subject to the limitations, terms and conditions hereinafter specified and contained in this Contract. 2.00 DEFINITIONS 2.01. Bags. Plastic sacks designed to store Refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 40 lbs. 2.02. Bins. Metal receptacles designed to be lifted and emptied mechanically for use only at Commercial and Industrial Units. 2.03. Bulky Waste. Stoves, refrigerators, water tanks, washing machines, furniture, Construction Debris (generated from the Residential Unit only) and other waste materials other than Dead Animals, Hazardous Waste, or Stable Matter with weights or volumes greater than those allowed for the applicable Bins or Polycart Containers. Customer shall be responsible for the proper removal of refrigerants, Hazardous Wastes and other hazardous materials from Bulky Wastes and shall properly tag Bulky Wastes as being free of refrigerants, Hazardous Wastes and other hazardous material prior to removal by Contractor. Solid Waste& Recycling Contract(Community Waste Disposal,L.P.) Page 1 518736.vl 2.04. Bundle. Tree, shrub and Brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length, six inches in diameter, or fifty (50) lbs. in weight. 2.05. City. City of Wylie, Texas. 2.06. Commercial and Industrial Refuse. All Bulky Waste, Construction Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit. 2.07. Commercial and Industrial Unit. All premises, locations or entities, public or private, requiring Refuse collection within the corporate limits of the City; but not a Residential Unit. • 2.08. Commodity. Material that can be sold in a spot or future market for processing and use or reuse. 2.09. Commodity Buyer. A buyer or processor selected by Contractor pursuant to the Contract Documents, of Recyclable Materials delivered by Contractor. 2.10. Construction Debris. Waste building materials resulting from construction, remodeling, repair or demolition operations. 2.11. Container. A receptacle for the temporary storage of solid waste. 2.12. Contractor. Community Waste Disposal. 2.13. Curbside. Portion of right-of-way adjacent to paved or traveled City roadways (including alleys). 2.14. Dead Animals. Animals or portions thereof equal to or greater than 10 pounds in weight, that have expired from any cause, except those slaughtered or killed for human use. 2.15. Disposal Site. A Refuse depository including but not limited to sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive Refuse and/or Dead Animals for processing or final disposal. 2.16. Garbage. Any and all Dead Animals of less than 10 pounds in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other, animal or vegetable matter (including, but not by way of limitation, that used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 2 518736.vl included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. 2.17. Hazardous Waste. Waste, in any amount, identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency under the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S. C. Section 6901), or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor, oil, gasoline, paint and paint cans 2.18. Household Hazardous Waste. Wastes from households that would be hazardous waste, if not specifically excluded by federal regulations, (HHW) are hazardous wastes contained in consumer products designed and marketed to be used in households, not in industrial settings. Examples include fluorescent light bulbs, paints, wood stains, fuels, batteries, corrosive cleaners, pool chlorine and acid and some pesticides. Examples of other materials that are collected with HHW include motor oil, oil filters, antifreeze, and latex paint. 2.19. Holidays. The following shall be holidays for the purpose of this Contract: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 2.20. Polycart Container. A rubber wheeled container, with a maximum capacity of 95 gallons, designed for automated or semi-automated solid waste collection systems. 2.21. Producer or customer. An occupant of a Commercial Unit, Industrial Unit or a Residential Unit who generates Refuse. 2.22. Recyclable Commodities. Material that has been recovered or diverted from the nonhazardous waste stream for the purposes of reuse, recycling, or reclamation, including, but not limited to, newspapers (including glossy inserts); plastic jugs and bottles; aluminum and metal cans; and glass food and beverage containers. 2.23. Refuse. This term shall refer to Residential Refuse and Bulky Waste, Construction Debris and Stable Matter generated at a Residential Unit, unless the context otherwise requires, and Commercial and Industrial Refuse. 2.24. Residential Refuse. All Garbage and Rubbish generated by a Producer at a Residential Unit. 2.25. Residential Unit. A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four or less contiguous or separate Solid Waste& Recycling Contract(Community Waste Disposal,L.P.) Page 3 518736.v1 single-family dwelling units, shall be treated as a Residential Unit, except that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential Unit. 2.26. Rubbish. All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. 2.27. Stable Matter. All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. 3.00 SCOPE OF WORK The work under this Contract shall consist of all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with these Contract Documents including the Special Provisions and the Performance Standards. A copy of said Special Provisions is attached as Exhibit "A" and made a part hereof for all purposes. A copy of said Performance Standards is attached hereto as Exhibit "B" and made a part hereof for all purposes. 4.00 COLLECTION OPERATION 4.01. Service Provided. (a) Contractor shall provide curbside or alley collection service for the collection of Residential Refuse to each Residential Unit one (1) time per week. Polycart Containers shall be placed at curbside or alley by the residential customer by 7:00 a.m. on the designated collection day. All Residential Refuse shall fit into the Polycart Container with the lid closed. (b) Contractor shall provide curbside or alley collection service for the collection of Recyclable Materials from each Residential Unit one (1) time per week. Recycling Containers shall be placed at curbside or alley by the residential customer by 7:00 a.m. on the designated collection day. (c) Contractor shall provide Bin collection service for the collection of Commercial and Industrial Refuse to Commercial and Industrial Units according to individual agreement. This shall exclude temporary commercial service. (d) The Contractor shall provide for the special collection from Residential Units of Bulky Waste, Construction Debris and Stable Matter in accordance with Section Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 4 518736.vl 14.01(b). Also, the Contractor Shall provide for the special collection of Hazardous Waste at Municipal Facilities three times per year. (e) Contractor shall provide transportation of collected Refuse to the Disposal Site for disposal, which responsibility is solely that of the Disposal Site operator. (f) Contractor shall provide transportation and processing of collected recyclables to Contractor's Material Recovery Facility. (g) The work under this Contract does not include the collection and disposal of any increased volume resulting from a flood, tornado or similar or different Act of God over which the Contractor has no control. In the event of such a flood tornado, or other Act of God, the Contractor and the City will negotiate the payment to be made to the Contractor. Further, if the City and the Contractor reach such an agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the Contractor. Contractor will provide emergency storm clean up services at a rate of$125.00 per hour per rear load truck, as need is determined by the City. 4.02. Location of Polycart Containers, Bins, Containers, Recycling Containers, Bags and Bundles for Collection. (a) Each Polycart Container, Bag, Recycling Container, Containers and Bundle shall be placed at curbside for collection. Polycart Containers, Recycling Containers, Containers Bags and Bundles shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of way, Polycart Containers, Containers, Recycling Containers, Bags and Bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Polycart Container, Container, Recycling Container, Bag and Bundle not so placed or any Residential Refuse not contained in a Polycart Container. (b) Contractor shall provide Bins for Commercial and Industrial Units whenever customers request their use. Each Bin shall be placed in an accessible, outside location on a concrete pad according to individual agreement between Contractor and the Commercial or Industrial Unit. Contractor may decline to collect Refuse in Bins not so placed by the customer. Placement of bin and size/construction of concrete pad shall be such that the front wheels of collection vehicles shall rest entirely on the pad while bin is lifted and emptied. 5.00 COLLECTION OPERATION 5.01. Hours of Operation. (a) Collection of Residential Refuse shall not start before 7:00 a.m. or continue after 7:00 p.m. on the same day. Exceptions to collection hours shall be affected only upon the mutual agreement of the City and Contractor, or when Contractor Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 5 518736.vl reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. (b) Collection of residential Rubbish and Bulky Waste, and Commercial and Industrial Refuse shall take place according to individual agreement. 5.02. Routes of Collection. (a) Residential Unit routes shall be established by the Contractor. Contractor shall submit a map designating the Residential Unit collection routes to the City for their approval, which approval shall not be unreasonably withheld. Contractor shall provide, at its expense, a map of such Residential Unit collection routes in a brochure to be mailed to each customer affected by a route change at least once during each calendar year and shall make such brochures continuously available at City Hall. The published map shall be of such size to clearly show all pertinent information. The Contractor may, from time to time, propose to City for approval, changes in routes or days of collection affecting Residential Units, which approval shall not be unreasonably withheld. Upon City approval of the proposed changes, Contractor shall promptly give written or published notice to the affected Residential Units. (b) Commercial and Industrial Unit collection routes shall be established by the Contractor at its sole discretion. 5.03. Holidays. Contractor may decide to observe any of the Holidays mentioned herein, but such decision in no manner relieves Contractor of his obligation to provide Refuse collection service at Residential Units at least once per week. 5.04. Complaints. All complaints shall be handled directly by the Contractor. Each complaint shall be given prompt and courteous attention and be resolved within seventy-two (72) hours of receiving the complaint. However, in the case of alleged missed scheduled collections, the Contractor shall investigate, and if such allegations are verified, shall arrange for the collection of the solid waste the same day if called in before 12:00 Noon, but not more than twenty-four (24) hours after the initial complaint was received. Contractor will be responsible for maintaining a log of all complaints received, and will provide the City with a copy of the log on a monthly basis. The log shall indicate at least the following information: • Name of complainant; • Date and hour of the complaint; and • Nature and address of the complaint, and the manner and the date and time of its resolution. Solid Waste&Recycling Contract(Community Waste Disposal, L.P.) Page 6 518736.vl Contractor shall meet the timeliness requirements of the performance standards set forth in this Contract at least ninety-eight (98%) of the time, measured on a quarterly basis, or City shall have the right to terminate this Contract by providing Contractor with at least thirty (30) days advance written notice of the termination and the effective date thereof. Contractor shall continue to provide services under this Contract until the effective date of termination. 5.05. Collection Equipment. The Contractor, at its sole cost and expense, agrees to furnish all trucks, equipment, machines, and labor (the "equipment"), which are reasonably necessary to collect and transport Refuse and/or recyclables from accounts serviced by the Contractor in accordance with this Contract. The equipment shall be maintained in a safe and clean working condition throughout the term of the Contract and any renewal period. The equipment shall be maintained and painted as often as necessary to preserve and present a well-kept appearance in accordance with normal industry standards in the Dallas-Fort Worth metropolitan areas. The Contractor shall clean the equipment on a regular weekly basis or more frequently as may be necessary to maintain sanitary and safe working conditions. Contractor will ensure that no fluids leak from contractors equipment onto alleys, streets, sidewalks or driveways and if such leaks or spills occur contractor will remediate the spill and repair the equipment to prevent further leaks or spills. Additionally, the Contractor shall have standby equipment available to regularly complete the daily routes in the event of equipment failure or excessive volumes of collection, which it is obligated to collect and transport in connection with this Contract. The Contractor shall provide the City a list of all identification numbers for collections vehicles operating in the performance of the Contract. Vehicles not listed will not be authorized for disposal under this Contract. Vehicular changes, additions, or deletions shall be made through the City's Public Services Director in writing. Emergency changes, additions, and deletions may be submitted by telephone and followed up in writing. 5.06. Office. The Contractor shall maintain an office. Such office shall be open at a minimum, Monday through Friday, 8:00 a.m. until 5:00 p.m. with a qualified service representative available to personally answer inquiries, as well as a qualified field supervisor to oversee the daily operations. The office is to include personnel needed to maintain weekly delivery of new and replacement trash carts and make repairs when necessary. The telephone number of the Contractor's office will be widely available to customers. After-hours calls shall be forwarded to a twenty-four hour message center, with calls responded to, by Contractor personnel, the following morning or immediately depending on the nature of the call. Contractor shall advise the City Manager or representative thereof of all emergency service matters. 5.07. Non-Collection. Should a dispute arise between City, Contractor and/or a customer as to whether Contractor actually failed to make a collection (whether Contractor missed a pick-up), the decision of the City shall be final, and the Contractor agrees to abide by said decision. Solid Waste&Recycling Contract(Community Waste Disposal, L.P.) Page 7 518736.vl It is specifically understood and agreed that if the customer fails to timely place a Container/cart out, maintains improper or inadequate containers for the nature, volume, or weight of acceptable waste/recycling to be removed from the premises, or places improper bundles or volumes of waste/recycling for collection, or places hazardous waste, special waste, or other refuse in violation of this agreement, the Contractor may refrain from collecting all or a portion of such refuse that is rendered not collectable due to any of the aforementioned circumstances. The Contractor shall notify both the City and the customer of the reason for any such non-collection (unless such non-collection is due to the customer's failure to timely place the waste/recycling for collection). Contractor's notice to the customer shall be in writing, attached to the container or the front door of the residence, and shall indicate the nature of the violation and the correction required in order that such solid waste may then be collected at the next regular collection date. Where a customer notifies the City that acceptable waste/recycling has not been removed from the residents' premises on the scheduled collection day and where no notice of non- collection nor a change in collection schedule has been received from the Contractor, the City shall investigate. If the investigation discloses that the Contractor has failed to collect acceptable waste/recycling from the subject premises without cause, the Contractor shall collect same within twenty-four (24) hours after a collection is ordered by the City, at no additional charge. 5.08. Interruption of Service. In the event that the collection and disposal of acceptable waste should be interrupted by any reason for more than forty-eight (48) hours, City shall have the right to make temporary independent arrangements for purposes of continuing this necessary service to its residents in order to provide and protect the public health and safety, and Contractor shall pay the City all costs and expenses associated therewith within ten (10) days of notice of the costs and expenses. If the interruption of service mentioned above continues for a period of seventy-two (72) hours and is not the result of a force majeure, then City shall have the right to terminate this Contract by providing Contractor written notice of the termination and the effective date thereof. 5.09. Hauling. All Refuse hauled by the Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing is reasonably prevented. 5.10. Disposal. All Refuse collected for disposal by the Contractor shall be hauled to a Disposal Site. 5.11. Emergency Circumstances and Notifications. Contractor shall use whatever means to notify the City Manager or representative thereof of any changes, due to emergency circumstances, that may require the use of alternative disposal/recycling facilities/sites. In the event that at some future time, there is no disposal site available, costs in disposing of said waste may be negotiated by the City and Contractor in good faith. Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 8 518736.vl The Contractor shall notify, at its sole cost and expense, all producers at residential units about complaint procedures, rates, regulations, and days for scheduled collection. 5.12. Point of Contact. All dealing, contacts, etc., between the Contractor and the City shall be directed by the Contractor to the City Manager or his/her designated representative. 5.13. Property Damage. The Contractor shall be responsible for the repair of damage caused by the Contractor's collection equipment. Substantiation of cause shall be determined by mutual agreement of the City and the Contractor. Within fifteen (15) days after receipt of a notice of damages, pending substantiation of cause that shall not be unreasonably delayed, the Contractor shall arrange for satisfactory repairs. Repairs shall be made within one week of notification unless additional time is needed to meet repair requirements. Contractor agrees to notify the resident or business and the City of their course of action and give reasonable timeframe for completion. This shall include remediating any leaks or spills of motor oil, hydraulic fluid, gas or other hazardous material onto alleys, streets, sidewalks, drives or yards. 5.14. Liquidated Damage. In the event the Contractor fails to collect solid waste and recycling within twenty-four (24) hours after an order for collection is issued by the City pursuant to the third paragraph of Section 5.07 above, such failure shall constitute an act of non-collection, and the City may assess Contractor a penalty for each act of non-collection per account, to be withheld by City from payments due pursuant to Section 14.07 below: for each residential account, Twenty-five dollars ($25.00) and for each commercial account, Fifty dollars ($50.00). 6.00 COMPLIANCE WITH THE LAW Contractor shall comply with all rules and regulations of the Texas Commission on Environmental Quality and the Environmental Protection Agency. In this regard, Contractor shall not be required to collect and dispose of any oil, sludge, fecal material, or any radioactive, pathological, toxic, acidic, or volatile material, Hazardous Waste, or other hazardous, medical, non-conforming or improper waste. Should Contractor elect to dispose of such materials, Contractor shall receive a fee or charge mutually acceptable to Contractor and the party requesting disposal of such materials. City agrees to pass such ordinances as are reasonably necessary to effectuate all terms of this Contract. Both parties and their officers, agents, employees, representatives, contractors and subcontractors shall abide by and comply with all applicable laws in the performance of this Contract. 7.00 EFFECTIVE DATE This Contract shall become, effective upon the execution hereof by all parties and the continuing performance of Contractor shall be governed by this Solid Waste & Recycling Contract from and after such date. Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 9 518736.vl 8.00 NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, or national origin. 9.00 INDEMNITY THE CONTRACTOR WILL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY,ITS OFFICERS,AGENTS,SERVANTS,AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, INJURIES (INCLUDING DEATH), JUDGMENTS, COSTS, EXPENSES, AND ATTORNEYS' FEES (INCLUDING ANY ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY) (COLLECTIVELY, "CLAIMS") ARISING OUT OF CONTRACTOR'S PERFORMANCE OF THIS CONTRACT AND DIRECTLY CAUSED BY A WILLFUL, NEGLIGENT OR GROSSLY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES. CONTRACTOR IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT CITY (WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE LIABILITY FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, THEN CONTRACTOR IS NOT REQUIRED TO INDEMNIFY OR RELEASE CITY NOR BE LIABLE FOR DEFENSE OR DEFENSE COSTS OF THE CITY TO THE EXTENT OF THE LIABILITY APPORTIONED TO THE CITY. THE PARTIES RECOGNIZE THAT NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED AS A WAIVER BY THE CITY OF ITS SOVEREIGN IMMUNITY AND THAT THIS PARAGRAPH DOES NOT CREATE, AND SHALL NOT BE CONSTRUED AS CREATING,ANY RIGHT ENFORCEABLE BY ANY PERSON NOT A PARTY TO THIS AGREEMENT. 10.00 INDEPENDENT CONTRACTOR Contractor is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it under the terms of this contract. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between City and contractor or any of Contractor's agents or employees. Contractor assumes exclusively the responsibility for its acts and the acts of its employees as they relate to the services to be provided during the course and scope of their employ, except to the extent such services are performed in accordance with the specific directions of the City. Contractor, its agents and employees shall not be entitled to any rights or privileges of City employees and shall not be considered in any manner to be a City employee(s). 11.00 LICENSES AND TAXES The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by the City and by the State. Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 10 518736.vl 12.00 TERM This Contract shall be for a term beginning on the effective date pursuant to Section 7 and continuing through September 1, 2013. Thereafter, this Contract may be extended for an additional five (5) year term upon the written, mutual agreement of the parties, which either party may refuse to enter in that party's sole discretion. 13.00 INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Employer's Liability, Workers Compensation, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of Section 9.00. All insurance shall be by insurers and for policy limits acceptable to the City; and before commencement of work hereunder the Contractor agrees to furnish to the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for which this certificate is executed and are in force at this time. In the event of cancellation, thirty (30) days prior written notice will be given the certificate holder." For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: Workers Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability $500,000 each occurrence Except Automobile $1,000,000 aggregate Automobile Bodily Injury $500,000 each person Liability $1,000,000 each occurrence Automobile Property Damage $500,000 each occurrence Excess Umbrella Liability $1,000,000 each occurrence As an alternative to the above, Contractor may insure the public liability and property coverage under a plan of self insurance. Each insurance policy with respect to public liability insurance may provide for a performance bond in the amount of one hundred thousand dollars and no cents ($100,000.00) with the result that the Contractor is its own insurer to the extent the coverage may be provided by the Contractor's parent Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 11 518736.vl corporation. The Contractor agrees to furnish the City with certificates satisfactory to the City evidencing such plan of self insurance. The Contractor shall provide the City with thirty (30) days prior written notice of any change in insurance coverage which would cause Contractor's insurance coverage to be for amounts less than required by this Contract. 14.00 BASIS AND METHOD OF PAYMENT 14.01. Collection and Disposal Rates. (a) The rate for collection services required to be performed pursuant to Sections 4.01 (a), (b) and (c) shall be the rates set forth in Exhibit "C", attached hereto and made a part hereof subject to adjustment in accordance with Section 14.02, to be effective September 1, 2008. (b) For special collection provided by the Contractor pursuant to Section 4.01 (d), the charges are to be negotiated between the Contractor and Producer prior to collection. If agreement cannot be reached, the matter may be submitted to the City for determination of a reasonable fee. (c) The Refuse collection charges provided by Sections 14.01 (a)-(c) shall include all disposal costs. (d) In the event that any commodity collected shall not be marketable for a period of sixty (60) days or longer, City and Contractor upon mutual agreement, shall eliminate that commodity from the Recyclable Materials program and this Contract. 14.02. Rate Adjustments. The rates set forth in the Contract shall remain effective for the period of one (1) contract year from the effective date of this Contract. On each anniversary of such date, any or all rates may be increased or decreased based on the DFW CPI-U, the price of diesel fuel as reported by the Department of Energy, Energy Information Administration, and the published disposal costs of the Garland, Texas landfill. (Current Garland Landfill Gate Price = $30.00 per ton) At least sixty (60) days prior to the date anniversary each year, the Contractor shall notify the City of any such proposed rate adjustment, and upon request, provide the supporting data that is the basis for the rate adjustment. Any justifiable increase or decrease will be determined by the City. In addition, the above-defined rates may be adjusted annually by mutual written agreement between the City and the Contractor in the event of (i) changes in any laws, ordinances, regulatory requirements or guidelines including changes in construction or interpretation thereof or change in the manner or method of construction or interpretation thereof or change in the manner or method of enforcement thereof; (ii) orders,judgments or directives of any court or governmental body of instrumentality thereof; The Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 12 518736.vl Contractor shall provide the City documents and records in sufficient detail to reasonably establish the basis to any requested rate adjustment(s) at the time of the request and the City will act reasonably in determining whether it agrees to any such request for a rate increase. All above-mentioned rate adjustment procedures are agreed to and understood to apply to any and all services provided to commercial and industrial customers as well as residential customers. 14.03. Contractor to Act as Collector. The Contractor shall submit statements to and collect from all Commercial and Industrial Units for services provided by the Contractor pursuant to Section 4.01(c) (including Shared Dumpsters). 14.04. Delinquent and Closed Accounts. (a) The Contractor shall discontinue Refuse collection service at any Residential Unit as set forth in a written notice sent to it by the City. Upon further notification by the City, the Contractor shall resume Refuse collection on the next regularly scheduled collection day. (b) The Contractor shall have the right to discontinue Refuse collection service at any Commercial and Industrial Unit or Shared Dumpster delinquent in its payments. 14.05. Contractor Billings to City. The Contractor shall bill the City for service rendered to Residential Units within ten (10) days following the end of the month and the City shall pay the Contractor on or before the fifteenth (15th) day following the receipt of the invoice. Such billing and payment shall be based on the price rates and schedules set forth in this Contract. The Contractor shall be entitled to payment for services rendered to Residential Units irrespective of whether or not the City collects from the customer for such service. 14.06. New Accounts and Account Changes. The City shall notify the Contractor of all new accounts by email or fax (if network non-operational), during working hours. Residential Polycart Containers and Recycling Containers requested on this list will be delivered on the resident's move-in day or within three (3) days after the day of request from the City, whichever is later. Service will begin during the next regularly scheduled collection day after the delivery of the cart or container. The Contractor shall notify the City of any account changes in writing on the same day the account change requests have been implemented. 14.07. Charges for Containers Not Returned. Contractor shall be entitled to collect a Container Replacement Charge applicable to each Container, Polycart Container, or Recycling Container, in the amount set forth on Exhibit "C," from any Terminating Customer (as defined below) who does not return to Contractor (by pickup by Contractor) each Container, Polycart Container, and Recycling Container delivered to such customer by or on behalf of Contractor in connection with the provision of services by Contractor under this Agreement. The City shall use its best efforts to collect from any Terminating Customer the Container Replacement Solid Waste&Recycling Contract(Community Waste Disposal, L.P.) Page 13 518736.v1 Charge(s) set forth on Exhibit "C". All such Container Replacement Charges shall be paid over to Contractor by the City with the next monthly invoice payment or (upon termination of this Contract, within thirty (30) days of receipt by the City from the customer). As used herein, a "Terminating Customer" is a customer whose service with Contractor terminates, whether due to the customer's relocation or upon the termination of this Contract. Commercial and construction waste containers will be delivered to customers within twenty-four(24) hours (excluding Sunday) of City notification. 15.00 OWNERSHIP Title to Refuse, Dead Animals and Recyclable Materials, except special, hazardous or non-conforming Refuse shall pass to Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin or Container, or removed by Contractor from the customer's premises, whichever last occurs. Title to special, hazardous or non- conforming Refuse and to Hazardous Waste shall not pass to Contractor, but shall remain with the Customer that generated such waste. 16.00 CONTRACTOR FEE The Contractor shall pay to the City five percent (5%) of all amounts received by the Contractor for all Commercial and Industrial Refuse collection and disposal services provided pursuant to this Contract. Such payment shall be made to the City on or before the 20th day of each month for amounts received by the Contractor for the performance of services during the immediately preceding month. The Wylie Independent School District(WISD) is excluded from this franchise fee. 17.00 RECYCLE REVENUE SHARING Contractor shall remit six dollars and twenty-five cents ($6.25)per ton of recycle material collected in the City. Recycle revenue will adjust as commodity prices adjust per Exhibit D. The recycle revenue sharing will be remitted to the Wylie Independent School District (WISD) to be applied to a scholarship fund for graduating Wylie seniors. The scholarship fund will be administered by WISD. 18.00 BOOKS AND RECORDS The City and Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract and such books and records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense, upon reasonable advance notice; provided, however, the City may not inspect or audit any books and records pertaining to the cost of Contractor's operations, except to the extent pertaining to increases in the fees which may be charged by Contractor under Section 14.02; but the City may inspect for the purpose of, including but not limited to, verifying and auditing payments made pursuant to Section 16.00. Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 14 518736.vl 19.00 TERMINATION FOR CAUSE If at any time the Contractor shall fail to substantially perform terms, covenants or conditions herein set forth, the City shall notify Contractor by registered or certified mail addressed to the Contractor at the address set forth herein of specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Contractor shall be allowed a thirty (30) day period from the date of receipt of said notice from City to remedy any failure to perform. Should the City deem the failure to perform remedied, no hearing shall be held. Should Contractor fail to remedy its performance, the City, after a hearing described herein, may terminate this Contract and the rights and privileges granted to Contractor herein. A notice shall be sent to Contractor no earlier than ten (10) days before a hearing is scheduled. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Should the City still deem Contractor to have failed in its performance, said hearing shall be conducted in public by the City Council of the City and the Contractor shall be allowed to be present and shall be given opportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City Council makes a finding that Contractor has failed to provide adequate refuse collection service for the City, the City Council may, by a majority vote, terminate this Contract. 20.00 NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: If to the City, at: 2000 Highway 78 N Wylie, Texas 75098 Attn: City Manager If to the Contractor, at: 2010 California Crossing Dallas, Texas 75220-2310 Attn: President or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 21.00 APPROVAL This Contract shall not be considered fully executed or binding on the City or the Contractor until the same shall have been executed by the Contractor, the Mayor and the City Secretary of the City. Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 15 518736.vl 22.00 AMENDMENT No amendment to this Contract shall be made except upon the written consent of the parties. No amendment shall be construed to release either party from any obligation under this Contract except as specifically provided for in such amendment. 23.00 FORCE MAJEURE Notwithstanding anything herein to the contrary, Contractor shall not be liable for the failure, or delay of, performance of its duties if such failure is caused by a catastrophe, riot, public disturbance, accident, military authority, war, act of terrorism, governmental order or regulation, fire, act of God or other similar or different contingency beyond the reasonable control of Contractor. 24.00 SEVERABILITY In the event that any provision or portion hereof shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 25.00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof. 26.00 COUNTERPARTS This Contract may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 27.00 VENUE This Contract shall be construed under and in accordance with the laws of the State of Texas and venue shall be in Collin County, Texas. 28.00 ORDINANCES The Contractor shall conduct Operations under this Contract in compliance with all applicable ordinances of the City; provided however, the requirements of this Contract shall govern the obligations of the Contractor where there exists conflicting ordinances of the City on the subject. Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 16 518736.vl 29.00 AUTHORITY TO EXECUTE The individuals executing this Contract on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Contract 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 Contract in order for the same to be an authorized and binding Contract on the party for whom the individual is signing this Contract 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 hereof. 30.00 ASSIGNMENT This Contract shall not be assigned, unless approved by the City Council prior to the assignment. Notwithstanding the preceding sentence, Contractor my assign its right to receive payments under this Contract in connection with any lending arrangement of Contractor or any of its affiliates. 31.00 SOVEREIGN IMMUNITY The parties agree that the City has not waived its sovereign and/or governmental immunity by entering into and performing its obligations under this Contract. 32.00 MISCELLANEOUS DRAFTING PROVISIONS This Contract shall be deemed drafted equally by all parties hereto. The language of all parts of this Contract shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Contract are for the convenience of the parties and are not intended to be used in construing this document. 33.00 NO THIRD PARTY BENEFICIARIES Nothing in this Contract shall be construed to create any right or obligation on any third party not a signatory to this Contract, and the parties do not intend to create any third party beneficiaries by entering into this Contract. IN WITNESS WHEREOF, we,the contracting parties, by our duly authorized agents, hereto affix our signatures and seals as of the 1st day of September, 2008. CITY OF WYLIE, TEXAS A Municipal Corporation of Texas By: Eric Hogue, Mayor Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 17 518736.vl ATTEST: Carole Ehrlich, City Secretary COMMUNITY WASTE DISPOSAL L.P. By: Greg A. Roemer, President ATTEST: Solid Waste&Recycling Contract(Community Waste Disposal,L.P.) Page 18 518736.vl EXHIBIT "A" SPECIAL PROVISIONS CITY OF WYLIE, TEXAS EFFECTIVE SEPTEMBER 1, 2008 I. City Facilities. Bin collection service for City of Wylie facilities shall be provided at no charge, with bins to be provided by the Contractor. II. Clean-Up Green-Up Campaign. A. Contractor shall provide Forty (40) 30-cubic yard roll off containers per year for Clean up Green up. Additional containers will be provided at the cost established in Exhibit C. B. Contractor agrees to collect household hazardous waste at Clean up Green up three times per year and transport the materials collected to the Plano Recycle Center, at no disposal cost to the contractor. HHW will be collected per the restrictions and standards dictated by the Plano Recycle Center. At no time will the contractor be obligated to collect material which is not accepted by the Plano Recycle Center. All bulking fees will be billed separately to the city. These include but are not limited to: 55-gallon drums Flex bins 5-gallon bales Lecture bottles Speedy Dry III. Informational Services. A. Contractor also agrees to support environmental educational opportunities within the City, as well as other local festivals, events and fundraisers. B. Contractor agrees to link its website to the City's website in order to make available solid waste and recycling information and list the City information on Contractor's website. IV. Polycart Containers. Contractor agrees to deliver Polycart Containers to new customers on the customer's move-in date or within three (3) days after the day of request from the City, whichever is later. If a Polycart Container must be changed out or repaired, Contractor will deliver a substitute Polycart Container within one week after the day of request from the City or customer. V. Pavement Damage in Alleys. A. In addition to the obligation created by Section 5.13 of the Contract, Contractor shall be responsible for the repair of damage to paved surfaces in alleys when such damage is caused by the Contractor's collection equipment. Substantiation of cause shall be by mutual agreement of both parties. B. Within fifteen (15) days after receipt of a notice of damage, pending substantiation of cause and mutual agreement of both parties as outlined in Section 26.05(a), the Contractor shall arrange for satisfactory repair of the alley pavement or repairs, which will be performed by City forces and the City shall be reimbursed on a time and materials basis. Reimbursement for materials and labor shall be in the form of a credit on the Contractor's next monthly billing for Residential collection service. C. If the parties cannot reach agreement on the above-referenced liability, damage, or cost of repair; then, the parties agree to submit the matter to non-binding arbitration in accordance with the arbitration rules of the American Arbitration Association. EXHIBIT "B" PERFORMANCE STANDARDS CITY OF WYLIE, TEXAS EFFECTIVE MARCH 1, 2006 I. Residential and Commercial Hand Collection A. Schedule: Once Weekly. B. Hours of Operation: 7:00 a.m. —7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: Polycart Containers, 95 gallons in capacity, maximum weight 175 pounds. All refuse must fit inside the polycart with the lid closed; nothing outside the polycart will be collected with the regularly scheduled weekly service. Plastic bags may be used inside the polycart. E. Spillage: Any spillage caused by Contractor will be picked up immediately. Spillage caused by others or by inadequate containers will be the producer's responsibility. F. Brush and Bulky Item Collection: CONTRACTOR will make weekly, brush and bulky collection available to Wylie residents on a "call as needed" basis with a limit of(6) cubic yards per call and (24) cubic yards per year, per household. Requests for bulk pickup beyond the (24) cubic yards per year maximum will be charged to the resident requesting additional bulk service. Special collection of brush and bulky items will be made available to Residents at the rate negotiated between the Contractor and the customer. Residents must call Contractor's dispatch office to schedule collection. Approved Containers: (a) Polycarts (b) Bundles placed at the curb or alley. (c) Maximum weight bundle or container is not to exceed that which can be lifted by two men, weight less than 150 pounds, and not to exceed 4 ft. x 4ft. x 8ft. G. Commercial Cart Collection Customers with an average weekly volume exceeding two (2) polycarts twice a week will be required to use container service unless there are extraordinary circumstances. Any dispute in average weekly volume will be submitted to City officials for decision. II. Residential Recycling A. Schedule: One (1)time weekly. B. Hours of Operation: 7:00 a.m. —7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: 1. Recycling 95 gallon Polycart. III. Commercial Container Collection A. Container Size Available: 2 cu. yd., 3 cu. yd., 4 cu. yd., 6 cu. yd., 8 cu. yd., 30 cu. yd. B. Schedules Available: Up to five times weekly. C. Hours of Operation: 7:00 a.m. — to completion or 6:00 a.m. to 7:00 p.m. in non- residential areas. D. New Service: A listing will be maintained in the yellow pages. Requests for new service will be filled within five (5) working days. E. Extra Collections: If notified by 10:00 a.m. on service day, extra pick up will be performed that day. After 10:00 a.m., we will attempt to make the pick up that day. If unable, it will be made the following service day. There is a charge for extra pickups and refills. F. Container Maintenance: Containers that have been damaged will be exchanged or repaired by the contractor. G. Gates and Enclosures: If a container is located in an enclosure with a gate a fee of $8.75 per container per pickup will be assessed. This fee does not apply unless the enclosure does have a Gate. H. Odor and Insect Control: The customer will be responsible for odor and insect control in and around containers. I. Casters: Casters and locks are available on containers at a charge of $8.75 per container per pickup. J. Non-Payment: Customers will be notified in writing when thirty (30) days past due. If unpaid after forty-five (45) days, customer will be notified in writing that service is being suspended until account is paid in full. A copy will be sent to the Finance Department and City Code Enforcement. IV. General A. Office Hours: 8:00 a.m. — 5:00 p.m. Monday—Friday. B. Holidays: New Years, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas. Pickups scheduled for these days may be omitted by Contractor; however, refuse collection service at residential units will be performed no less than once per week. EXHIBIT "C" CITY OF WYLIE, TEXAS EFFECTIVE SEPTEMBER 1,2008 REFUSE AND RECYCLING SERVICE: SEPTEMBER(2008 Rate) Residential-Single Family $7.80 Duplex Unity-Per Unit $7.80 Trailer Park-Per Unit $7.80 Additional Polycart Container, Per Unit $3.40 COMMERCIAL SERVICE: Commercial Hand Collection,per 95 gallon polycart Automated Collection Cost: Once per week $22.94 Two carts once per week $43.58 Front Load Container Rates lxwk 2xwk 3xwk 4xwk 5xwk 6xwk 2 cu yd $ 78.40 $149.80 $208.60 $291.06 $377.76 $ 465.85 3 cu yd $ 86.80 $163.80 $226.80 $314.16 $423.50 $ 503.12 4 cu yd $ 92.40 $172.70 $242.20 $337.26 $433.66 $ 538.52 6 cu yd $107.80 $197.40 $277.20 $381.92 $496.34 $ 613.06 8 cu yd $120.40 $226.60 $312.20 $428.12 $553.94 $ 685.73 Additional Charges Additional charge of$9.21 per pick up for containers on Casters Additional charge of$9.21 per pick up for containers with 4 sided enclosures Additional charge of$9.21 per pick up for containers with locks 8 cubic yard Cardboard Recycling Container 1 X per week $84.28 8 cubic yard Cardboard Recycling Container 2 X per week $176.74 Front load container exchange charge $ 78.94 Extra Pick Ups 2 cubic yard $47.37 3 cubic yard $48.42 4 cubic yard $49.47 6 cubic yard $51.58 8 cubic yard $52.63 Refills 2 cubic yard $36.84 518736-1 3 cubic yard $37.89 4 cubic yard $38.95 6 cubic yard $41.05 8 cubic yard $42.11 ROLLOFF CHARGES: 20 cubic yard per haul $482.31 (M-F) 30 cubic yard per haul $492.84 (M-F) 40 cubic yard per haul $524.42 (M-F) Delivery and Exchange $369.76 (M-F) Daily Container Rental $ 7.89 COMPACTORS: 6 cubic yard compactor haul charge $265.11 (M-F) 8 cubic yard compactor haul charge $297.79 (M-F) 30 cubic yard compactor haul charge $492.84 (M-F) 35 cubic yard compactor haul charge $492.84 (M-F) 42 cubic yard compactor haul charge $492.84 (M-F) Disposal will be billed at $29.23 per ton; rates based on 4 ton minimum. Returned check Charge $26.31 COMMERCIAL RATES FOR WYLIE INDEPENDENT SCHOOL DISTRICT Front Load Container Rates Size/Pickup 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week 2 Cu Yd $ 67.03 $128.08 $178.35 $248.86 $322.99 $398.30 3 Cu Yd $74.21 $140.05 $193.91 $268.61 $362.09 $430.17 4 Cu Yd $79.00 $147.23 $207.08 $288.36 $370.78 $460.44 6 Cu Yd $92.17 $168.78 $237.01 $326.54 $424.37 $524.17 8 Cu Yd 102.94 $190.32 266.93 $366.04 $473.63 $586.30 WISD front load rates are net to contractor, does not include billing fee, franchise fee and sales tax do not apply. CITY BILLS RESIDENTIAL COMMUNTY WASTE DISPOSAL BILLS COMMERCIAL & ROLLOFF (Includes 5% Contractor Fee, excluding WISD) CITY ACCOUNT #9015397 CONTACT UTILITY BILLING 972.442.8131 -FAX 972.442.8105 518736-1 EXHIBIT "D" CITY OF WYLIE, TEXAS EFFECTIVE SEPTEMBER 1,2008 RECYCLE REBATE REVENUE CALULATIONS: Total Revenue from the sale of all commodity (collected in the City of Wylie) times (60%) minus total processing fees. Example; Total Revenue from the sale of commodity $243,191.37 City Share of Gross Revenue (60%) $145,914.82 Less total processing fee $131,069.49 Revenue due to the City $ 14,845.33 Current Value = $6.25 per ton. NOTES Processing fee will be adjusted annually based on DFW CPIU Pricing based on March 2008 Component% will be periodically adjusted based on plant actual results. Per ton value shall not exceed $40.00 518736-1 Community Waste IESI Allied Inland Current Waste Management Waste Contract Disposal Base Bid, 4.40 10.99 10.31 6 10.99 wkly recycle, Bulk for .76 Cost Included, 4.25, on base bid On call, included on call no call and unlimited wkly pu, 2 limit 2x/month cu limit City Free Free Free Free Free Free Services Recycle 2.45 Included in 2.51 3.30 every week base bid Clean up Free Free Free Free 9750 Free green up 3x HHW .30 No bid, not .45 No bid No bid Not collected provided not Not provided 1 X/Year provided provided Curbside Free Free Free Free Free Not Xmas tree provided collection TOTAL 7.91 10.99 13.37 13.55 19.84 NA BASE BID Total Alt- 6.79 Not bid 11.90 11.80 18.83 9.85 Bid A, (1) No HHW No HHW No HHW bulk 1X month Total Alt- 7.47 Not bid 12.10 10.70 (4) 18.85 9.85 Bid B(2) No HHW No HHW No HHW Base bid 7.67 NA 13.07 NA NA NA Plus (3) Commercial 54,352 54,865 46,386 50,002 63,003 57,425 Matrix- includes per month 15% fee Discount to Approx Free at cost Approx Approx No None WISD 10% of 71,656 or 10% 15% discount 23%to all proposed other Commercial 21.79 27.67 17.95 26.50 19.50 Unk. Polycart 1 X week See footnotes next page 1 —Alt bid A includes every other week recycle, On call Bulk capped at 6 cu yards, HHW picked up 3X year at clean up green up. 2-Alt bid B includes 2 X month recycle, 4 Clean up Green up per year. 3- Base bid Plus=recycle pu every week, On call bulk capped at 6 cu yards per month, HHW picked up 3X per year at Clean up Green up. 4- Allied Bid for Alt Bid B includes a different Bulk option, Scheduled every other week bulk pu any additional bulk can be arranged on call for a fee, fee's starting at $25.00 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 6-10-08 Item Number: 9 Department: City Manager/WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 6-2-08 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, authorizing the Wylie Economic Development Corporation to enter into a Performance Agreement with T.W. Snider& Associates. Recommendation Motion authorizing the Wylie Economic Development Corporation to enter into a Performance Agreement with T. W. Snider& Associates. Discussion Attached for your review is a Letter of Intent between the Wylie Economic Development Corporation (WEDC) and T.W. Snider & Associates (Snider). As per the terms of the attached Letter of Intent, the WEDC will be participating in the development of a garden-office complex consisting of 19,200 square feet of office condominiums. The site is located northeast and adjacent to the Brookshire's Shopping Center near the intersection of State Highway 78 and F.M. 544. The incentive package has a potential value of up to $205,000 and is payable in four installments. The first installment consists of $85,000 and is payable upon completion of a 4,800 square foot shell and parking and utilities to support all four phases. Each phase consists of four, 1,200 square foot office units which will be sold; giving a small business the opportunity to have ownership in the complex. Phases two through four are funded at $40,000 each and are payable when all units sold with each complex having a cumulative $600,000 sales price. The WEDC was aggressive with this project for two reasons. First of all, the property being developed is adjacent to a neighborhood which has had past difficulty is supporting commercial development. Mr. Snider has proposed a project which has little to no adverse impact on the adjacent neighborhood. Secondly, there are no similar opportunities for small business to own their office. There are many opportunities for a small business to lease office space, but there are no like opportunities in Wylie as described above. Approved By Initial Date Department Director SS 6/3/08 City Manager PAVY\ 4 t5—/Cf< Page 1 of 1 Wylie Economic Development CC) RPC) RATioN March 24, 2008 Mr. Tony Snider T.W. Snider& Associates 809 Heatherwood Wylie,Texas 75098 RE: Letter of Intent to Assist in the Development of Office Condos Dear Mr. Snider: We appreciate the opportunity to work with T.W. Snider & Associates ("Snider") to facilitate the development of office condos in the Wylie community. This project is of particular interest to the Wylie Economic Development Corporation (WEDC) being that there is no similar product in Wylie with the opportunity for a small business to have ownership in an office complex. It is our understanding Snider intends to purchase a ±1.93 acre site ("the Property") generally located at the southeast corner of F.M. 544 and State Highway 78 on which it intends to construct an office complex totaling 19,200 square feet of office space. It is our further understanding that this project will be constructed in four phases with each phase having a 4,800 square foot structure comprised of four, 1,200 square foot office suites which will be sold individually and become part of an owners association governing the ongoing maintenance of the complex among other things. Finally, we understand that all parking and utilities for the four-phased complex will be completed along with the Phase I with Phase I consisting of a 4,800 square foot shell with one 1,200 square foot unit finished out. On March 10, 2008 the WEDC Board of Directors unanimously approved an incentive package to provide Snider with economic assistance to assist in the construction of a multi unit office complex comprised of 19,200 square feet (the "Facilities"). This proposal is subject to the approval of a Performance Agreement by the WEDC Board of Directors and subsequent approval by the Wylie City Council which shall more fully describe the terms and conditions in which the WEDC will provide the following economic assistance to Snider, The WEDC proposes the following: 1. The WEDC will provide the following incentives: a. Phase I — Upon completion of a 4,800 square foot shell and finish out of a 1,200 square foot office suite, as evidenced by a certificate of occupancy from the City of Wylie, the WEDC will convey $85,000 to Snider in cash; 108C W. AtarbEe • Wyle, Texas 75098 Office: (972)442-7901 • Fax(972)42 9-0139 Serving The City of Wylie • Wylie independent School District • Wylie Chamber of Commerce h. Phase II — Following the sale of all units within Phase I and the sale of a cumulative 4,800 square feet as part of Phase II. the WEDC will convey S40,000 to Snider in cash; c. Phase III — Following the sale of a cumulative 4.800 square feet as part of Phase Ill, the WEDC will convey S40,000 to Snider in cash; d. Phase IV — Following the sale of a cumulative 4,800 square feet as part of Phase IV, the WEDC will convey S40,000 to Snider in cash. 2. Snider proposes the following: a. Snider will complete all utilities and parking to support Phase 1, Phase II, Phase III, and Phase IV as contemplated on an approved site plan from the City of Wylie and as evidenced by approval of said utilities and parking by the City of Wylie Engineering Department. b. Snider will complete the shell and receive a CO for the first office suite within Phase I no later than August I, 2009. c. The cumulative sales price for all units within each Phase will be no less than S600,000 as evidence by closing documentation provided to the WEDC. 3. Events of Default: a. Any event of bankruptcy incurred by Snider. b. The conveyance by Snider of its interest in any undeveloped portion of the Property without the express written consent of the WEDC prior to the expiration of the Performance Agreement. c. The non-payment by Snider of property taxes for the Property and Facilities (prior to conveyance/sale to third parties) imposed by the City of Wylie, Wylie Independent School District, Collin County Community College, and Collin County in a timely manner. 4. Miscellaneous: a. Prior to the execution of the Performance Agreement, Snider vill make available to WEDC representatives for their review and acceptance a three (3) year history of financial statements and full disclosure of financing provided by any third party lo r the purchase of Property and development of Facilities. Page 2 of 3 b. Prior to the issuance of a Building Permit, Snider will be required to submit a site plan and conceptual drawings of the Facilities to the WEDC Board of Directors for their approval, with said approval not being unreasonably withheld. c. All commitments by the WEDC for economic assistance will expire forty- eight (48) months from the date a CO is issued for the first 1,200 square foot unit within Phase I. For example, should only 50% of Phase IV be completed and sold at the end of the forty eighth month, the final S40,000 installment will not be funded. d. Should a Performance Agreement not be executed by August 1, 2008, the above stated economic assistance commitments will expire. Executed in duplicate on this 24'''day of March, 2008. Samuel D.R. Satterwhite, Executive Director Wylie Economic Development Corporation "s1/4"7— T.W. Sni f er T.W. Snider& Associates Page 3of3 Neat Kirby Street 141 Moth*AMU*, 2 Lot BakA ]0'Aee�Ent kraal Ewa. Mra at Mean ' Let 1,9k A N wowE 4 \\ \ q : I AO I Maas AMA, \\ / I a LI el I__ _ ., ' a Mach nv AM6n FM hMakrt A 7 ZIiik IP �Z� Wjk Shrtget f Ncw Ns I - V llaa((r. s t W I I N 9I281C-i �- 11 17890' 12 NA 31.9019 al Concept Plan Ili0i ° C&P ENGINEERING.LTD. 1801 GATEWAY BLW. t872H6442800 TEXAS Fax 972.6442817 www.cpangMe4ng.com