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08-26-2008 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda August 26, 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. August 26,2008 Wylie City Council Regular Meeting Agenda Page 2 of 5 PRESENTATIONS • Presentation of the Battle of the Badges Award. (J. Duscio, Police Chief/R. Corbin, Fire Chief) • Presentation to Citizens Emergency Response Team (CERT) graduates. (R. Corbin, Fire Chief) 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 August 12, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a proposal from United Healthcare for Fiscal Year 2008- 2009 and Fiscal Year 2009-2010 medical, dental and prescription drug coverage under our current broker, The Wylie Insurance Agency and acceptance of a continuation of long-term disability and life insurance coverage from Lincoln National. (L. Fagerstrom, Humans Resources Manager) C. Consider, and act upon, a Preliminary Plat creating two Commercial Corridor Lots for Stewart Addition on 2.168 acres, located at 400 East Alanis Drive. (R. 011ie, Planning Director) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of July 31,2008. (L. Williamson, Finance Director) E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of July 31, 2008. (S. Satterwhite, Executive Director, WEDC) REGULAR AGENDA Public Hearings 1. Hold the second Public Hearing on the proposed tax rate of$0.8989 for Fiscal Year 2008-2009 and provide taxpayers an opportunity to express their views on the tax rate; and set and announce the date, time, and place of the meeting at which Council will vote on the final proposed tax rate. (L. Williamson, Finance Director) Executive Summary In accordance with the "Truth in Taxation" laws of the State of Texas, on August 12, 2008, the City Council took a roll call vote on the proposed tax rate and scheduled two public hearings on the tax rate.The first public hearing was held on August 21, 2008. This is the second public hearing. The purpose of both public hearings is to give the taxpayers an opportunity to express their views on the tax rate. August 26,2008 Wylie City Council Regular Meeting Agenda Page 3 of 5 2. Hold a Public Hearing on the Fiscal Year 2008-2009 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item on the proposed budget; and set and announce the date, time, and place of the meeting at which Council will vote on the final proposed budget. (L. Williamson, Finance Director) Executive Summary A Public Hearing is required to be held on the fiscal year 2008-2009 Proposed Budget and schedule the time and place that the vote will be taken on the proposed budget. All interested persons shall be given an opportunity to be heard, either for or against any item on the proposed budget. At the end of the hearing, the City Council will schedule the time and place that the vote will be taken on the proposed budget. General Business 3. Consider, and act upon, approval of a request from Wylie Church of Christ for Abandonment of 1,747 square feet (0.0401 acres) of Right-of-Way located at the western boundary of Duncan Way in the Caldwell Estates Addition. (R. 011ie, Planning Director) Executive Summary The applicant, Wylie Church of Christ is requesting that the City of Wylie abandon a portion of the west end of Duncan Way to allow for expansion on their existing facility located at 901 South Ballard and to allow for adequate parking. The portion of Right-of-Way as depicted in Exhibit No. 1 are currently being used as a public dead-end street with barricade. The Wylie Church of Christ is the sole property owner of all properties adjacent to subject public rights-of-way. 4. Consider, and act upon, Resolution No. 2008-34(R) authorizing the Mayor to enter into an Interlocal Cooperation Agreement with the Southeast Collin County EMS Coalition for Regional Emergency Medical Services/Ambulance Service. (R.Corbin, Fire Chief) Executive Summary The Southeast Collin County EMS Coalition was formed in 1997 allowing participating entities to participate in a cooperative agreement to solicit proposals for a regional contract to provide emergency medical services/ambulance service at a cost no entity could achieve on their own. Since the original signing of the Interlocal Agreement between Southeast Collin County Coalition members, several cities have joined and terminated their association with the Coalition causing many addendums to the original Interlocal Agreement. 5. Consider, and act upon, Ordinance No. 2008-39 approving a Negotiated Resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the Company's Rate Review Mechanism Filing in all Cities Exercising Original Jurisdiction; declaring existing rates to be unreasonable; adopting Tariffs that reflect rate adjustments consistent with the Negotiated Settlement and finding the rates to be set by the attached Tariffs to be just and reasonable; approving Atmos' Proof of Revenues; adopting a Savings Clause; determining that this Ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; declaring an effective date; and requiring delivery of this Ordinance to the company and legal counsel. (M. Manson, City Manager) August 26,2008 Wylie City Council Regular Meeting Agenda Page 4 of 5 Executive Summary The City,along with 150 other cities served by Atmos Energy Mid-Tex Division("Atmos" or"Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). On April 14,2008, Atmos filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff approved by the City earlier this year. The Company's April RRM filing seeks a $33.5 million rate increase. The City worked with ACSC to analyze the schedules and evidence offered by Atmos to support its request to increase rates. The Ordinance and attached tariff approving rates that will increase the Company's revenues by$20 million effective October 1,2008, are the result of negotiation between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of ACSC's RRM filing.The monthly bill impact for the average residential customer is$0.81. 6. Consider, and act upon,Resolution No. 2008-35(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to Springwell Parkway. (C. Holsted, City Engineer) Executive Summary The construction of Springwell Parkway south of FM 544 has recently started. One parcel of right of way at the intersection of FM 544 remains to be acquired. The parcel is approximately 33,662 square feet. Approval of the Resolution authorizes the City Manager to proceed with the acquisition of the remaining parcel by purchase or condemnation. 7. Consider, and act upon, authorizing the City Manager to approve the Memorandum of Understanding (MOU) between the City of Wylie and the Wylie Independent School District to provide Law Enforcement services for the school district. (J.. Duscio, Police Chief) Executive Summary We are currently operating under a Memorandum of Understanding(MOU)that was created in 2001. The MOU is outdated and generic and has not been updated to include the new campuses and use of certain WISD technologies. The new MOU is more specific to roles and responsibilities and has been approved by the WISD board of trustees. 8. Consider, and act upon, the acceptance of the resignation of Frankie Delgado, Board Member for the Parks and Recreation Board and the appointment of a new member to the Parks and Recreation Board for the unexpired term of July 2007 to July 2009. (M. Sferra, Public Services Director) Executive Summary Staff is requesting the appointment of a new Parks and Recreation Board member to replace Mr. Frankie Delgado, who is resigning in order to prepare for deployment of his U.S. Marine Reserve Unit later this year. Chapter 78, section 78-25 (Vacancies) of the Wylie Code of Ordinances states: "Should a vacancy occur in the membership of the parks and recreation board,the city council shall appoint a successor for the unexpired term". In order to be in conformance with the Chapter 78 section 25, it is recommended that an appointment be made to fulfill the unexpired term of July 2007 to July 2009. 9. Consider, and act upon, Ordinance No. 2008-40 setting the time and place for all regular City Council Meetings in 2009. (C. Ehrlich, City Secretary) Executive Summary The City of Wylie Home Rule Charter in Article III, Section 9 states that the City Council shall hold at least one regular meeting each month and as many additional meetings as it deems necessary to transact the business of the City. The City Council shall fix, by ordinance, the date and time of the regular meetings. Special meetings of the City Council shall be held on the call of the mayor or a majority of the City Council members. August 26,2008 Wylie City Council Regular Meeting Agenda Page 5 of 5 ADJOURNMENT CERTIFICATION I cert j that this Notice of Meeting was posted on this 22nd day of August, 2008 at 6:00 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 Minutes Wylie City Council Tuesday, August 12, 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 6:05 p.m. with the following City Council members present: Councilman David Goss, Councilwoman Kathy Spillyards, Councilman Merrill Young, Councilman Rick White, and Councilman Carter Porter. Mayor Pro Tern Red Byboth was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Planning Director, Renae' 011ie; Public Services Director, Mike Sferra; City Engineer, Chris Hoisted; Library Director, Rachel Orozco; Police Chief, John Duscio; Fire Chief, Randy Corbin; Public Information Officer, Craig Kelly; Deputy City Secretary, Gayle Walton, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Jud Hardage, Worship Pastor at Gateway Community Church, gave the invocation and Councilwoman Spillyards led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present to address Council during Citizens Comments. PRESENTATIONS • Summary and Presentation for the Citizens Police Academy. (J. Duscio, Police Chief) Police Chief Duscio introduced Sergeant Donna Valdepena, Citizens Police Academy coordinator. She explained the purpose of the academy was to foster interaction and communication between citizens of Wylie and the Wylie Police Department. Topics covered during the academy will include all patrol procedures, narcotics, traffic, domestic violence, and Minutes—August 12, 2008 Wylie City Council Page 1 other issues the police department deals with on a daily basis. The academy participants will also ride with the police officers on their regular patrols. • Presentation to the Wylie Flyers Track Club Head Coach and Athletes. (R. Diaz, Parks and Recreation Assistant Superintendent) Robert Diaz, Parks and Recreation Assistant Superintendent, explained to those present that The Wylie Flyers Track Club is a program sponsored by the City of Wylie Recreation Division. The club began participating in the summer Regional Texas Amateur Athletic Federation (T.A.A.F.) meets in 2003. This year over 60 youths ranging in age from 6 years to 17 years old participated in the track events. Ty Davis and his family have been involved with the program since its inception. Ty has volunteered many hours to working with kids from elementary to high school age developing their skills and preparing them for higher level track programs. Ty works with a great group of volunteer coach's and City staff to create an excellent program for the children of Wylie. He introduced the Wylie Flyers Track athletes that earned honors in multiple events at the state level. Those honored athletes included: Dylan Powell, Emilio Ames, Patrick Ames, Jasmine Robinson, James Anderson, and Antoine Robinson. Mr. Diaz also presented a Certificate of Appreciation to Mr. Ty Davis (Coach) for his commitment to the program over the past years. • Presentation of the Wylie Economic Development Corporation FY 2008 — 2009 Budget. (S. Satterwhite, WEDC Executive Director) WEDC Executive Director Satterwhite addressed Council stating that the 2008-2009 WEDC Budget was considered by its Board of Directors on July 18, 2008; the FY 2008 — 2009 WEDC Budget is presented for Council's review. In line with Finance Department estimates, sales tax is projected at $1.3 million. Assuming a 5% gain for the balance of the fiscal year, WEDC sales tax receipts for FY 2007 — 2008 are projected at $1.26 million resulting in a conservative estimate for FY 2008 — 2009 of a 3.4% gain over the prior year. He noted some of the successes which included Woodbridge Crossing, Garnet Hill, and relocation of Savage Precision Fabrication. WEDC also completed relocation projects with Texas Spectrum Electronics. Demolition assistance was provided to properties within Regency Business Park to facilitate new light industrial development and WEDC purchased 4 properties on Cooper Drive and Industrial Court for re-development. He explained that the WEDC has budgeted for $1,875,821 in expenses. Of total expenses budgeted, Personnel Services represents 13%, Operating 4%, Travel & Recruitment 2%, Advertising & Community Development 5%, Debt Service 18%, Land Acquisition 21%, and Incentives & Related Expenditures 37%. Of the three core components within the WEDC Budget, Land Acquisition, Debt Service, and Incentives represent 76% of the proposed expenditures for FY 2008 —2009. He reported that while the WEDC utilizes a zero based budget strategy, a great deal of latitude is built into the WEDC budget to react to relocation/expansion projects. For example, while the WEDC anticipates acquiring additional land in pursuit of existing redevelopment strategies, those monies could be shifted to a project requiring significant up front capital. Further exemplifying flexibility within the WEDC budget, with Council approval a minimum of $725,000 could be reallocated to an individual project worthy of that level of investment. Additionally, the WEDC utilizes properties within Premier Plaza and Premier Industrial Park as an incentive to industrial relocation/expansions. Minutes—August 12, 2008 Wylie City Council Page 2 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 July 22, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Replat for Pointe North Addition 3rd Revision. Subject property located at the North West Corner of Brown Street and Winding Oaks Drive. (R. 011ie, Planning Director) C. Consider, and act upon, a Preliminary Plat for Wylie BK Pop, creating two Commercial Lots on 1.38 acres, generally located at the northeast corner of FM544 and Commerce Drive. (R. 011ie, Planning Director) Council Action A motion was made by Councilman Goss, seconded by Councilman Young to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. REGULAR AGENDA General Business 1. Consider, and act upon, Resolution No. 2008-30(R) officially naming Wylie's Public Library, within any locality of the city, the Rita and Truett Smith Public Library. (R. Orozco, Library Director) Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve Resolution No. 2008-30(R) officially naming Wylie's Public Library, within any locality of the City, the Rita and Truett Smith Public Library. A vote was taken and passed 6-0 with Mayor Pro Tem Byboth absent. Mayor's Comments Mayor Hogue presented Rita Smith with a framed copy of Resolution No. 2008-30(R) and thanked her for the commitment she and Truett had made to the City of Wylie library services. Public Hearing 2. Hold a Public Hearing and consider, and act upon, amending regulations to Zoning Ordinance No. 2001-48, Article 6, Section 6.3 as it relates to district boundaries and design standards. (R. 011ie, Planning Director) Minutes—August 12, 2008 Wylie City Council Page 3 Staff Comments Planning Director 011ie addressed Council stating that the purpose of these revisions is to extend the boundaries of the DTH and redefine better transition points and to establish clear and concise guidelines for new and renovated structures. She explained that as time and technology change so must our ordinance as it relates to design and function. However, it is also important to identify those areas that we desire to preserve and maintain to reflect as closely as possible the rich history of Wylie. Several options were presented to the Commission at its July 15th meeting. The Commission narrowed it down to two options. Boundary Option #1: Extend the boundary west along railroad right-of-way to just south of Elliot Street and then east to the rear of Block 3, Lot 1 R to the east side of Jackson and south to SH 78. This would remove Lot 1, Block A (Inwood Bank) and Lot R1, Block 3. Being that Inwood fronts SH 78 this would be a good transition point from Commercial Corridor District to the DTH. Extend the eastern boundary to include lots along the east side of 2nd Street and south to Marble, but excluding First Baptist Church Worship Center and parking lots. Boundary Option #2: Extend the boundary west along railroad right-of-way to just south of Elliot Street and then east to the rear of Block 3, Lot 1 R to the east side of Jackson and south to SH 78. This would remove Lot 1, Block A (Inwood Bank) and Lot R1, Block 3. Being that Inwood fronts SH 78 this would be a good transition point from Commercial Corridor District to the DTH. The eastern boundary along the east side of Ballard remains the same with the exception of excluding the parking lots owned by First Baptist Church. Ms 011ie reported that by a vote of 6-0, the Commission recommends Boundary Option #1 with the stipulation that all required parking for lots fronting Birmingham Street must be provided on-site. These lots shall be allowed to provide parking in the front, on the side, or to the rear of the main building. She reported that staff is requesting that this item be tabled until September 23, 2008 to allow re- notification based on Option #1 to extend the boundary east to the mid-block property line of lots facing the east side of 2nd Street and to rezone portions of First Baptist Church parking lots from DTH to Community Retail. Ms. 011ie noted that because publication and notification of the requested text amendment has been completed in accordance with State Law, some action is required by the Council at the current meeting. Staff recommended Council to convene the hearing and allow any citizen comment, and then accept staffs request to table. Public Hearing Mayor Hogue opened the public hearing for Zoning Case #2008-08 at 6:32 p.m., asking anyone present wishing to speak on this item to come forward and keep their comments to 3 minutes. No one was present to address Council for Zoning Case#2008-08. Mayor Hogue continued the public hearing at 6:33 p.m. Council Action A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to table Zoning Case No. 2008-08 to the September 23, 2008 Regular City Council meeting. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. General Business 3. Consider, and act upon, direction to select the second neighborhood for the Neighborhood Planning,A.C.T.I.O.N. Plan. (R. 011ie, Planning Director) Minutes—August 12, 2008 Wylie City Council Page 4 Staff Comments Planning Director 011ie addressed Council stating that on July 10, 2007 City Council adopted a policy to implement a neighborhood planning program whereas residents and stakeholders are afforded an opportunity to work together in addressing the community's issues by means of Accountable Communities through the Involvement of Neighborhoods (A.C.T.I.O.N.) Plan. This program encourages community defined plans using a city-guided program, and offers an opportunity for citizens to shape the neighborhoods where they live, work, own property, or manage a business. She reported the JM Butler Addition was chosen by Council as the initial neighborhood for the A.C.T.I.O.N. plan. Staff held a kick-off meeting with homeowners and property owners of the JM Butler Addition. Although a small subdivision, those in attendance were enthused about the opportunity and were willing to stay involved as well as get some of their neighbors involved. The JM Butler residents expressed a concern regarding code compliance and drainage issues in the area. The neighbors expressed concern for vacant houses, which are wide open and used by vagrants. Some of the unoccupied houses are not well maintained, and present an unsafe environment. Code Enforcement has been very active in getting information out to property owners who have substandard structures or who have been cited with a code violation. Of the seven (7) properties within the JM Butler Addition, one dwelling has been completely demolished with an additional one set for condemnation. At the beginning of the A.C.T.I.O.N. Plan, several of the lots were unkempt and in need of repair. Two properties have since been rented with some exterior repairs (unsure of interior). Council Discussion Mayor Hogue reported that he had received some e-mail communication from residents in the Bostick Addition regarding requested improvements to the allies, driveways and sidewalks. Councilman Goss asked Planning Director 011ie if the section of town was within the confines of what the City could assist with due to the size of the neighborhood. Planning Director 011ie replied that from a staffing standpoint, this was within the project size staff could assist with; however depending on the issues and improvements the residents deemed necessary, all of the concerns may or may not be able to be addressed, due to budget constraints and other factors. This would be a good starting point for addressing those issues. Ms. 011ie noted that this would be a long range plan that could address some issues quickly, and leave others for future consideration. Councilman Young stated that he would like to see some logistic continuity to the selection of neighborhoods; choosing neighborhoods close in proximity to others that have been addressed. Councilwoman Spillyards concurred, stating that within the strategic plan discussions a year or so ago, emphasis on South Ballard was discussed. In keeping with what has been completed in the JM Butler Addition could we move on to the South Ballard area? Planning Director 011ie reported the Southside Addition was directly adjacent to the JM Butler Addition and is in need of repair. Council could extend to the Southside Addition if they wished. She reported that the majority of the lots did front South Ballard, and are in need of repair. Councilman White asked if both areas could be started at the same time. Planning Director 011ie stated that if the residents were aware that all the improvements would not be completed in a year but rather long term, staff could handle both areas. Councilwoman Spillyards asked Planning Director 011ie if she was comfortable with the choice of two neighborhoods. Planning Director 011ie replied that she was. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman White to select the Bostic Addition and the Southside Addition as the next two neighborhoods for the Neighborhood Planning, A.C.T.I.O.N. Plan. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. Minutes—August 12, 2008 Wylie City Council Page 5 4. Consider, and act upon, authorizing the City Manager to negotiate a Service Contract with National Sign Plazas the right to design, erect and maintain directional kiosk signs within the city. (R.011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that by amending the sign ordinance to create a kiosk program, the City has taken a stance on the direction we envision for our streetscape. The program would also generate a revenue stream for the city in that the builders would lease space from National Sign Plazas, and National Sign Plazas in turn would design, erect and maintain all directional kiosk signs within the city. Staff received four proposals for the Kiosk Sign and is recommending National Sign Plazas tonight which came very highly recommended by other cities. She explained that staff was asking Council to authorize the City Manager to negotiate a contract with National Sign Plazas to be presented to Council in the future. Council Action A motion was made by Councilman Young, seconded by Councilwoman Spillyards to authorize the City Manager to negotiate a Service Contract with National Sign Plazas the right to design, erect and maintain directional kiosk signs within the City. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. 5. Discuss and consider, and act upon, authorizing the City Manager to enter into a contract, in the amount of $76,500.00, with Halff Associates, Inc. for professional services related to the City of Wylie Parks, Recreation and Open Space Master Plan. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that the attached proposal outlines the suggested approach for the project. The effort involves opportunities for a considerable amount of face- to-face public input as well as input from the City Council, Park and Recreation Board, and various stakeholders such as youth, athletic leagues, HOAs, seniors, etc. The proposal also includes a detailed phone survey of 200 Wylie residents selected at random, a needs assessment update, cost and phasing estimates, and preparation of a Final Master Plan report for City Council adoption. Council Discussion Councilman Young asked if staff had discussed the master plan with the school district to see if some of the scope could include school property and save on costs. Mr. Sferra replied that he had not but would do so. Mayor Hogue asked when this project would be started. Public Services Director Sferra stated that it would be started in the next few weeks. Councilman Young asked if the contract would provide for a definitive completion date. Mr. Sferra replied that there was not a definitive or required completion date but in conversations with Lyn Hughes, firm consultant, he had stated that the project would take approximately 9 — 12 months to complete. Councilman Young asked if there would be a timeline or milestone mark the firm would follow in the completion of the project. Mr. Sferra replied that the firm did provide a timetable but that time table could be revised to be more exact and keep the project on track. Council Action A motion was made by Councilman White, seconded by Councilman Goss to authorize the City Manager to enter into a contract in the amount of $76,500.00 with Half Associates, Inc. for professional services related to the City of Wylie Parks, Recreation and Open Space Master Plan. A vote was taken and passed 6-0 with Mayor Pro Tem Byboth absent. Minutes—August 12, 2008 Wylie City Council Page 6 6. Consider and act upon Resolution No. 2008-31(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2008-2009; accepting the calculation of an effective tax rate; establishing dates for public hearings on the proposed property tax rate; and providing for the publication as provided by the Texas Property Tax Code. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that in accordance with the "Truth in Taxation" laws of the State of Texas, notices must be published and two public hearing must be held if an entity's proposed tax rate exceeds the effective tax rate. Since the proposed tax rate exceeds the effective tax rate of $.716909, the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven (7) days prior to the first scheduled public hearing on August 21, 2008. A 2nd public hearing is scheduled for August 26, 2008. The Council may not adopt the tax rate at these hearings. Instead, at the end of the second hearing, it must set and announce the date, time and place of the meeting at which it will vote on the final proposed tax rate. This meeting must take place no less than three (3) days and no more than fourteen (14) days after the second public hearing. The City Council's vote on the tax rate is scheduled for September 9, 2008. Council Action Mayor Hogue asked for a roll call vote to approve Resolution No. 2008-31(R) accepting the proposed property tax rate for fiscal year 2008-2009; accepting the calculation of an effective tax rate; establishing dates for public hearings on the proposed property tax rate; and providing for the publication as provided by the Texas Property Tax Code. A roll call vote was taken with Councilwoman Spillyards voting Yea, Councilman Young voting Yea, Mayor Hogue voting Yea, Councilman White voting Yea, Councilman Porter voting Yea and Councilman Goss voting Nay. Mayor Pro Tern Byboth was absent. Resolution No. 2008-31(R) passed 5-1. 7. Consider, and act upon, Ordinance No. 2008-37 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of $100,980, to increase fuel and lubricants accounts as specified in Exhibit A attached; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that as everyone is aware motor fuel prices have experienced a major increase during the current budget year. This increase has caused many City departments to be short in their Fuel and Lubricants accounts. These departments lack the funds to finish the current budget year. This amendment is necessary to add additional funds to those accounts specified in Exhibit A of the proposed Ordinance. Councilman Young asked about the conservation measures taken by the City in relation to services and employee moral. City Manager Manson replied that the changes would lessen overtime which is time that should not be expected as a regular portion of an employees' salary; services would not be changed due to the conservation measures. She reported that the employees were receiving a 5% salary increase proposed for the next fiscal year which was a good increase in comparison to other neighboring cities. Council Action A motion was made by Councilman White, seconded by Councilman Young to approve Ordinance No. 2008-37 amending Ordinance No. 2007-29 and approving an appropriation of Minutes—August 12, 2008 Wylie City Council Page 7 funds, in the amount of $100,980, to increase fuel and lubricants accounts as specified in Exhibit A,; providing for repealing, savings an severability clauses; and providing for an effective date of this ordinance. A vote was taken and passed 6-0 with Mayor Pro Tem Byboth absent. Tabled item from July 22,2008 8. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, Resolution No. 2008- 26(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of McMillen Road from East of McCreary Road to FM 1378. (C. Holsted, City Engineer) Council Action A motion was made by Councilman Goss, seconded by Councilwoman Spillyards to remove item #8 from the table and consider. A vote was taken and passed 6-0 with Mayor Pro Tem Byboth absent. Staff Comments City Engineer Hoisted addressed Council stating that the voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008 which identified the funds needed for each project over the next five years. The County is selling bonds yearly based on the project needs submitted by each city. The improvement to McMillen Road include approximately 6,000 linear feet of 4-lane divided concrete roadway with underground storm sewer. The project also includes a bridge structure over Muddy Creek. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Resolution No 2008-26(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of McMillen Road from East of McCreary Road to FM 1378. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. Tabled item from July 22,2008 9. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, Resolution No. 2008- 27(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of Stone Road from Akin Lane to County Line Road. (C. Holsted, City Engineer) Council Action A motion was made by Councilman Porter, seconded by Councilman White to remove item #9 from the table and consider. A vote was taken and passed 6-0 with Mayor Pro Tem Byboth absent. Staff Comments City Engineer Holsted addressed Council stating that the voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008 which identified the funds needed for each project over the next five years. The County is selling bonds yearly based on the project needs submitted by Minutes—August 12, 2008 Wylie City Council Page 8 each city. The improvements to Stone Road include approximately 10,000 linear feet of 4-lane divided concrete roadway with underground storm sewer. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman White to approve Resolution No. 2008-31(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of Stone Road from Akin Lane to County Line Road. A vote was taken and passed 6-0 with Mayor Pro Tem Byboth absent. 10. Consider, and act upon, Resolution No. 2008-32(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of Ballard Avenue from Alanis Drive to the Collin County Line. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008 which identified the funds needed for each project over the next five years. The County is selling bonds yearly based on the project needs submitted by each city. The improvement to Ballard Avenue include approximately 6,300 linear feet of 4-lane divided concrete roadway with underground storm sewer. Council Action A motion was made by Councilman Goss, seconded by Councilman Young to approve Resolution No. 2008-32(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of Ballard Avenue from Alanis Drive to the Collin County Line. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. 11. Consider, and act upon, approval of an Occupancy Agreement with the Texas Department of Transportation for FM 1378 from FM 544 to FM 2514 (Parker Road). (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the City Manager and staff met with the Texas Department of Transportation on July 28, 2008 to discuss the status of the removal of FM 1378 from the state system. TxDOT indicated that the Texas Transportation Commission will consider the roadway removal on their September or October meeting. The temporary detour around the new City facilities must be constructed prior to the construction of the buildings. TxDOT recommended the approval of an Occupancy Agreement which will allow the City to proceed with the necessary construction until the removal is completed. Council Action A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to approve an Occupancy Agreement with the Texas Department of Transportation for FM 1378 from FM 544 to FM 2514 (Parker Road). A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. Minutes—August 12, 2008 Wylie City Council Page 9 12. Consider, and act upon,Resolution No. 2008-33(R) recommending the closure of the median opening located on FM 544 at Regency Drive. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the development of the retail site located on the south side of FM 544 between McCreary Road and Springwell Parkway requires the installation of multiple turn lanes and traffic signals on FM 544. The Traffic Impact Analysis for the site was submitted to TxDOT on October 15, 2007. In subsequent meetings, TxDOT indicated that the median opening at Regency Drive must be closed to allow for the extension of Springwell Parkway south of FM 544 and the installation of the traffic signal at this location. Springwell Parkway will be constructed south, as shown on the attached plans, past Capital Street to provide additional access to properties on Regency Drive. Council Discussion Councilman Goss asked City Engineer Hoisted if the curb close to Wylie High School could be removed during the closure process. Mr. Hoisted replied that this would be a decision made by the school. Mr. Hoisted stated that he would be happy to request that removal. Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve Resolution No. 2008-33(R) recommending the closure of the median opening located on FM 544 at Regency Drive. A vote was taken and passed 6-0 with Mayor Pro Tern Byboth absent. 13. Consider, and act upon authorizing the Mayor to execute a water line easement to the North Texas Municipal Water District for the Wylie to Plano 14-inch waterline relocation project. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the North Texas Municipal Water District (NTMWD) operates a 14-inch water pipeline generally located along the west side of FM 1378 from FM 544 to Brown Street. The existing pipeline will be in conflict with the proposed City facilities as well as portions of the future reconstruction of FM 1378. The line must be constructed and in service prior to the start of construction of the new City buildings. On February 12, 2008, Council approved an interlocal agreement with NTMWD to relocate the 14-inch water line. NTMWD has awarded a construction contract and is ready to begin the relocation. The water line will be located outside of the road right of way as outlined in the attached easement. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to authorize the Mayor to execute a water line easement to the North Texas Municipal Water District for the Wylie to Plano 14-inch waterline relocation project. A vote was taken and passed 6-0 with Mayor Pro Tem Byboth absent. 14. Consider, and act upon, approval and final acceptance of the Parking Improvements for Joel Scott Memorial Park and Lots 14 & 15, Block 1, Railroad Addition and authorize final payment, in the amount of $26,392.91, to Quality Excavation, Ltd. and accept the project as complete. (C. Holsted, City Engineer) Minutes—August 12, 2008 Wylie City Council Page 10 Staff Comments City Engineer Hoisted addressed Council stating that on May 13, 2008, a construction contract was awarded to Quality Excavation in the amount of$106,060.60 for parking lot improvements for Joel Scott Memorial Park and Lots 14 & 15, Block 1, of the Railroad Addition. The improvements include the construction of a concrete drive aisle and nine parking spaces at Joel Scott Memorial Park. The Railroad Addition improvements located on Jackson Street include the construction of thirty-two parking spaces. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve with final acceptance, the Parking Improvements for Joel Scott Memorial Park and Lots 14 & 15 Block 1, Railroad Addition and authorize final payment, in the amount of $26,392.91 to Quality Excavation, Ltd. and accept the project as complete. A vote was taken and passed 6-0 with Mayor Pro Tem Byboth absent. 15. Consider, and act upon, Ordinance No. 2008-38 amending Ordinance No. 2005-77 authorizing the City Manager to execute any and all documents, agreements, and contracts approved by the City Council of Wylie at a lawfully held regular or called meeting or any and all documents, agreements, and contracts related to approved expenditures by the City Council through the adoption of the Annual Operating Budget, but not to exceed $50,000.00 without further requirements or authorizations. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the current Ordinance No. 2005-77 authorizes the City Manager to execute contracts and/or authorize purchases up to $5000.00. This ordinance was adopted in December of 2005. Expanding the City Managers authority to $50,000 is consistent with State purchasing law, and is much more realistic, as far as staff being able to accomplish objectives in a timely fashion. Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve Ordinance No. 2008-38, amending Ordinance No. 2005-77, authorizing the City Manager to execute any and all documents, agreements, and contracts approved by the City Council of Wylie at a lawfully held regular or called meeting or any and all documents, agreements, and contracts related to approved expenditures by the City Council through the adoption of the Annual Operating Budget, but not to exceed $50,000.00 without further requirements or authorizations. A vote was taken and passed 6-0 with Mayor Pro Tem Byboth absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. Deputy City Secretary Walton read the captions to Ordinance No.'s 2008-37 and 2008-38 into the official records. Minutes—August 12, 2008 Wylie City Council Page 11 Mayor Hogue reported that the Town Hall Meeting held on August 11, 2008 at the Community Center was well attended. He stated that staff's presentations regarding the new municipal buildings, roads and parks, and information regarding the Planning Department and City Secretary's Department were well received. Citizens were able to ask questions of staff and receive information regarding City business. ADJOURNMENT Council Action A motion was made by Councilman A vote was taken and passed 6-0 with Mayor Pro Tem Byboth absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—August 12, 2008 Wylie City Council Page 12 ite Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 26, 2008 Item Number: B Department: Human Resources (City Secretary's Use Only) Prepared By: Lynn Fagerstrom Account Code: Date Prepared: August 12, 2008 Budgeted Amount: Exhibits: Subject Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, long term disability and prescription drug coverage for Fiscal Year 2008- 2009. Recommendation Motion to accept a proposal from United Healthcare for Fiscal Year 2008-2009 and Fiscal Year 2009-2010 medical, dental and prescription drug coverage under our current broker, The Wylie Insurance Agency and acceptance of a continuation of long-term disability and life insurance coverage from Lincoln National. Discussion The operating budget to be adopted by Council for Fiscal Year 2008-2009 provides adequate funding for the proposed employee group insurance plans. United Healthcare, represented by Wylie Insurance Agency, has agreed to offer the City of Wylie an unprecedented two year rate lock for the City of Wylie for medical and dental insurance. The premium rates quoted by United reflect a 5% increase for medical and 3% increase for dental for the term of October 1, 2008, through September 30, 2010. These increases are well below the current 12% nationwide average increase for 2009. There are no benefit changes to the dental, life or long term disability plans. Changes to the medical coverage include: office visit co-pay increase from $20.00 to $25.00; annual out-of-pocket maximum decrease of $1500.00 from $3000.00 to $1500.00; removal of the $100.00 per year per person prescription deductive; slight increase of non-generic prescriptions from $30.00/$50.00 to $35.00/$60.00; emergency room co- insurance increase from $100.00 to $200.00; and the reassignment of injectable services from office visit co-pay to deductible applicable. Approved By Initial Date Department Director LF 8/12/08 City Manager4/ 1(11 Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 26, 2008 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: 08/13/08 Budgeted Amount: Exhibits: One Subject Consider, and act upon, a Preliminary Plat creating two Commercial Corridor Lots for Stewart Addition on 2.168 acres, located at 400 East Alanis Drive. Recommendation Motion to approve a Preliminary Plat creating two Commercial Corridor Lots for Stewart Addition on 2.168 acres, located at 400 East Alanis Drive. Discussion The property totals 2.168 acres and is currently unplatted as a part of the Henry L. Douglass Abstract as one tract. The applicant is proposing to divide the tract into two parcels of 1.168 and 1.0 acre in order to develop the larger property (Lot 1) into a landscaping business for which a site plan was approved by Planning and Zoning Commission on August 5, 2008. Besides the removal of the non-conforming building on the smaller one acre parcel (Lot 2) no further plans have been submitted to the City. This Preliminary Plat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted 6-0 to recommend approval. Approved By Initial Date Department Director RO 08/13/08 City Manager trl I T) 51d//C)(i Page 1 of 1 �.Kry LEGEND P minutes L 1/3'I.R.S. ! ::. .IRON ROD SET w/CAP addition by metes ond IRF State Low,and is DR.CC T. AS buildingperm i 9� s t VICINITY. NTS.. F ALANIS DRIVE ALANIS DRIVE E.C.DAVIDSON SURVEY OW wow) A-266 (va v 8) T\ • tr L I / �... eer..a/— 'FIRE L 5 /k c F / .wT �5 'WAY 1 12s'eL tom .ews.7923) •� Y 'f111 YL.DOSS SUFI / : v4 ' / `_•li�`ic xee.ru. ..w /a l �0i 1a/.so R�c�..deem— » 'h.a Z» t aws LVE\VAikTCA<D TIGN TN I QLOTCK1w i�rsd 6L K .eta 1 / e9C [As.1847 AC 50 ryF68 AC �A. EAST Its m) 6( -Lin f teas DeccT Ids) ,II ED illi II. :' `I,5o» = E Ind . _I g; '"3 I• /� Itt 3D o ,114[V14r /I<', • 4 ,»,e.�aaa,..a< ; wads j oil c I" 2 ni I i/ W//S 89 6.�� e// tube. „om Rd SCALE IN FEETy }o' z /� / wee ( LZ4 A 5/ __ O / LG/ IR S --------- g I. I bEGIN`� ti� /I / DxR, 0.2113 AC RENIWY Of—T .I. f / e I-f—Ua% tt- __ �MipaoRCDS rb)'F PROPERTY OWNER'S CERTIFICATE APPROVAL BLOCK SURVEYOR'S CERTIFICATE STATE OF TEXAS I COUNTY DE COLLIN I RECOMMENDED FOR APPROVAL KNOW ALL MEN BY THESE PRESENTS. Cohn County.Te,a..said 2.168 acre tract being more particularly desnAed by metes and bound.as lotto.,. reaa.ded,n M,tamen t rva 2DDBo.DzooD3BN,Do,Deee Ren«„ zaen9 Cammn,an Date p ,.an n accndanae aN rNe Sabd�n.nn o.d�na«.of the y „�,« p ape.y p«ed and, y p anal li CI,of rye•Tevas '199.3963 acre troct of Iond describ.0 deed to Woodb.ge Proper.,LLC,as recorded in Cledis Document No.97-0032075 of soid De.Records: GIVEN UNDER mY SE.OF OFFICE THIS___DAY OF 2008 •APPROVED FOR CONSTRUCTION 1`244hNn23 with cop stomped TRIER.4848 comer set for the northwest coer of,aid,.1583 acre tract,said corner being in the south ght-of-oy Ine of Alan,Lone,a BD • awe City of wyceTHENCE North 89 degrees 36 minutes 46 seconds East,with the north boar.,Imes of said 1.1683 acre tract a.sad 1.D00 acre troot and the south Oght-ol-way line of soid .yeas. Dote REGISTERED PROFESSIONAL D SURVEYORAlonis tone.o distance of TOD 00 feet to o 1/2-,cti iron rod found for the northeost corner of sod 1[100 acro tract one the eosterly northwest corner of o 0.283 acre resieue T � tract of o caned F•I acre tract of lane aescrTATE OF TEXAS NO aB•e \ ded in Wiliam E.Delaney d Melvin X.Delaney.Jr..J.as reeoreted in Clerks Document No.92-o034028 of boa Deed Records. s AagasS�o yq • of 13A99 I.n m eeq/a.nch wen rob,,m bap,romped 5RMFNX•B•b,t mr the soothe°.)earner of.oa,.DOD acre tmct bra an nI corner al wa 0081 acre rxeae noon ACCEPTED• SCOUNTY TATE OF TEXAS 03 COLLIN I ne yo, r wye Teton Dole Delo.me,the unaorsignea authority.o Notory Pub.in and for the Stote ot U.,on tn.atoY Ws., and the Porto loan y e aI,oa 29,doe von a tom°'tune,of 2OO.00 feet to the ea....to the foregoing POINT of ent and oaned Professional wledgena a 10 me that he e.eoutea the wine for thew pone ono NOW,THEREFORE. eyor.Mown to me to be the Person whose nem,is KNOW ALL• 9MEN BYgTXESEf PRESENTS, The oc es a o e City of N,M'ed Texas, Final Plat of the cnn,iee.aNnn,rhwrnn e.p e,ssd. wMe i of the Wylie - day of Ond Given under Y hand and sed of of/ice.this__bay .2008. DIAL DANIEL W.STEWART.does her.y adopt this plot designating ein above described qopeety as the STEWART ADDITION.an oddilion to the City of hereby dedicate.in.sAnple.to Ine public use forever.the eights- - for pa one sea Cwnnt further authorised the Moyer to note the streets °cc. ce thereof My signing his name os herein su°xraw. mem or otoer tmeroArnente or oroAhe soon be constructed or oes me sernents as t that ements placed upon. Witness my hand this _day of A.D..20C8 Notary Public in and for the State of TeKas tut mereaf. to use or u 9 the same unless the easement Imo,the use to paNcuta utwNes,said use by p c utilities e 9 subonsinate to the pubes one Car of 1.41e, My Commission Expires On.02/14/2011 Re City of Wyk an a right t entities shallr wnea� 9 y «yK,Tee» ingwess.d eqess to or from their...Nye easements ler lite PRELIMINARY PLAT .bend gentities shall ot all 3 e3 an23 »pis„ , STEWART ADDITION WTNESS.my nano.the the_oor of .2008. BEING Nate,. 2.168 ACRES ere Don.w.Stewart.owner 1.All monument.ore 1/0"I.R.S.w/CAP unless otherwise nd,c3tea DANfEI M�ESTE MART SITUATED IN THE STATE OF 1EXAS I 228 ZACHARY WALK COUNTY OF COOUR I 2 R.ring ore baud an State Plane Coordinates. MURPHY,Tx 75094 b N ,ea a be t e pe can.Pax hwme }By graphical plotting, a Din erred a Eala AND SURVEYOR HENRY L DOUGLASS SURVEY ABSTRACT NO. 292 �,w,n,xa m ue • ,t.�ment aria ac,na:I:eg:dia me that he a»arm the same a.t P p and can„ae,at�an,t e2., p cot, y°i.. �+e0escoses C. CITY OF WYLIE, COLLIN COUNTY, TEXAS oven d n ° a t f fr to a f 2ODe r 19,1996,o the lFederalc Eme„9eenncy M ndThemenntbAgencr. Zone" GRIFFlTNLSURVEYING CO.,LLC under my w on seal o office. n err a 1801 CAPITAL STREET mnformoion I or this determination p Ond the y Su 2yyoe o cte y X 75098 ENGINEERING CONCEPTS A DESIGN L.P. that revised lloodpioin information hos or has hot e Fe rd Emer gency rt (NM 9 ry udn in one for the State oI ideas Mil gement Agency or some other source. FAX(972)941-8s0, 160° U. lox wemo Isis)eu-m,eel av DAtt 1111Y 8. MVRUECS\Nen�m Roger 0.092..Nan Tyk-umM M\Tool OF1ol not Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 26, 2008 Item Number: D Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: August 13, 2008 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of July 31, 2008. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of July 31, 2008. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LW 8/13/08 City Manager t Ik \PS Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF: JULY 31, 2008 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2007-2008 2007-2008 2007-2008 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 14,502,020 13,479,081 13,434,575.28 -44,505 FRANCHISE FEES 1,980,000 1,788,484 1,810,445.90 21,962 LICENSES AND PERMITS 977,750 761,907 622,073.41 -139,834 A INTERGOVERNMENTAL REV. 469,030 329,572 403,210.77 73,639 SERVICE FEES 2,282,140 1,901,783 1,930,512.37 28,729 FINES AND FORFEITURES 551,000 455,612 447,464.60 -8,147 INTEREST INCOME 350,000 291,667 287,697.36 -3,969 MISCELLANEOUS INCOME 140,490 116,874 158,577.17 41,704 OTHER FINANCING SOURCES 519,000 490,423 490,422.90 0 TOTAL REVENUES 21,771,430 19,615,402 19,584,980 -30,422 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 139,200 116,000.02 105,654.90 -10,345 CITY MANAGER 721,160 616,650.00 571,995.25 -44,655 CITY SECRETARY 254,176 211,813.70 194,507.49 -17,306 CITY ATTORNEY 173,000 144,166.68 152,710.34 8,544 FINANCE 678,460 565,383.34 515,787.51 -49,596 FLEET& FACILITIES SVC 243,300 202,750.00 189,371.21 -13,379 MUNICIPAL COURT 337,048 274,608.38 255,119.37 -19,489 HUMAN RESOURCES 205,740 171,450.02 153,343.82 -18,106 PURCHASING 105,586 87,988.32 88,097.71 109 INFORMATION TECHNOLOGY 385,700 321,416.68 281,779.04 -39,638 POLICE 4,530,730 3,774,925.15 3,619,060.12 -155,865 FIRE 4,562,352 3,724,077.32 3,579,744.70 -144,333 ANIMAL CONTROL 267,200 222,666.68 189,730.43 -32,936 PLANNING 407,020 339,183.32 245,964.84 -93,218 BUILDING INSPECTION 722,160 601,800.00 490,935.69 -110,864 CODE ENFORCEMENT 154,790 128,991.68 102,264.10 -26,728 STREETS 1,630,040 1,358,366.68 1,337,621.23 -20,745 PARKS 1,489,210 1,152,049.98 1,052,729.02 -99,321 RECREATION 338,845 285,704.16 210,651.65 -75,053 LIBRARY 727,026 605,854.96 601,341.24 -4,514 COMBINED SERVICES 3,911,680 3,123,899.32 3,038,419.43 -85,480 TOTAL EXPENDITURES 21,984,423 18,029,746 16,976,829 -1,052,917 REVENUES OVER/(UNDER) EXPENDITURI -212,993 1,585,655 2,608,151 1,022,496 A. New Dwelling Permit receipts appear to be lower than anticipated. CITY OF WYLI E MONTHLY FINANCIAL REPORT AS OF: JULY 31, 2008 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2007-2008 2007-2008 2007-2008 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,617,000 7,180,833.30 7,133,734.06 -47,099 INTEREST INCOME 200,000 166,666.66 195,577.70 28,911 MISCELLANEOUS INCOME 30,000 25,000.00 40,921.45 15,921 OTHER FINANCING SOURCES 1,707,000 1,707,000.00 1,707,000.00 0 TOTAL REVENUES 10,554,000 9,079,500 9,077,233 -2,267 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 548,770 457,308.38 427,496.83 -29,812 UTILITIES-WATER 1,081,020 900,850.00 845,801.29 -55,049 CITY ENGINEER 455,226 379,355.02 353,074.27 -26,281 UTILITIES-SEWER 497,980 414,983.34 384,033.11 -30,950 UTILITY BILLING 774,914 515,795.04 518,665.54 2,871 COMBINED SERVICES 7,297,620 6,081,350.02 6,085,329.81 3,980 TOTAL EXPENDITURES 10,655,530 8,749,642 8,614,401 -135,241 REVENUES OVER/(UNDER) EXPENDITURI -101,530 329,858 462,832 132,974 City of Wylie August 26, 2008 Amendments to Proposed Budget The following is a list of amendments made to the proposed budget after it was filed with City Secretary on August 5t. The total appropriable funds of $99,681,780 increased $566,590 to $100,248,370 for FY2009. Three funds amended their proposed budgets, the General Fund by $110,970, the Utility Fund by $104,310, and the Park Acquisition and Improvement Fund by $351,310. In the General Fund approximately $53,280 of the $110,970 increase is attributable to Texas Local Government Code Section 142.001. This code requires cities with 30K or more in population to provide sworn public safety staff a minimum of 15 paid shifts per year which increases the amount of overtime needed for backfill. Another $50,000 was rolled over from the FY 2007-2008 budget for completion of the Industrial Court paving project. The remaining amendments located within the General Fund are necessary budgetary adjustments for unanticipated changes in staffing figures of$6,690 and for training of$1,000. The Utility Fund appropriations were increased $104,310; $65,000 of which was attributable to North Texas Municipal Water District (NTMWD). We have been advised by NTMWD that our water rate will increase from $1.08 to $1.18 per 1,000 gallons for FY2009 and that wastewater utilities expenses will increase 3.8%. These expenditure estimates could change prior to the District adopting its budget. Additional amendments included a budgetary correction of$11,190 to restate an employee's dependant benefits, $10,000 is being requested for the Industrial Court paving project in partnership with the General Fund. Two expense items will be rolled forward from Fiscal Years 2007-2008 in the Utility Fund, $11,820 to complete the Storm Water Management Plan and $6,300 for environmental services for the former service center. The Park Acquisition and Improvement Fund increase of $351,310 are expenses for Olde City Park rolled forward from the FY2007-2008 budget. Specific expense items include sidewalks, irrigation, landscaping, lighting, parking lot, restroom, and site amenities. All of which are necessary to complete the cities participation in the Collin County Park Grant. We anticipate completion to be in the late spring of 2009. Attached to this memorandum are the revised proposed Summary of Revenues, Expenditures, and Changes in Fund Balance for All Operating and Capital Funds for the Fiscal Year 2008-2009 Budget. SUMMARY OF REVENUES,EXPENDITURES,AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2008-2009 BUDGET DEBT SERVICE FUNDS SPECIAL GENERAL REVENUE G 0 DEBT 4B DEBT FUND FUNDS SERVICE SERVICE BEGINNING BALANCES $ 8,827,650 $ 2,389,420 $ 138,530 $ 181,040 REVENUES: - Ad Valorem Taxes 12,795,380 - 7,672,270 - Non-Property Taxes 2,612,000 2,600,000 - - Franchise Fees 1,955,000 - - - Licenses&Permits 594,500 - - - Intergovernmental 591,480 280,000 - - Service Fees 2,199,200 557,000 - - Court Fees 540,000 - - - Interest&Misc. Income 538,050 158,850 299,930 - TOTAL REVENUES 21,825,610 3,595,850 7,972,200 - Transfers from Other Funds 516,330 1,031,760 550,750 565,300 TOTAL AVAILABLE RESOURCES 31,169,590 7,017,030 8,661,480 746,340 EXPENDITURES: General Government 5,991,680 - - - Public Safety 9,918,030 1,294,810 - - Development Services 1,288,690 - - - Streets 1,742,360 - - - Community Services 2,573,350 894,610 - - Utilities - - - - Debt Service - - 8,522,950 565,300 Capital Projects - - - - Economic Development - 1,809,500 - - TOTAL EXPENDITURES 21,514,110 3,998,920 8,522,950 565,300 Transfers to Other Funds 558,300 631,630 - - ENDING FUND BALANCE $ 9,097,180 $ 2,386,480 $ 138,530 $ 181,040 SUMMARY OF REVENUES,EXPENDITURES,AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2008-2009 BUDGET PROPRIETARY FUNDS CAPITAL PROJECTS UTILITY FLEET TOTAL ALL FUNDS FUND REPLACE. FUNDS BEGINNING BALANCES $ 99,554,210 $ 4,886,640 $ 1,165,570 $ 117,143,060 REVENUES: Ad Valorem Taxes - - - 20,467,650 Non-Property Taxes 5,212,000 Franchise Fees 1,955,000 Licenses&Permits 594,500 Intergovernmental 871,480 Service Fees 1,175,000 8,970,000 12,901,200 Court Fees 540,000 Interest&Misc. Income 1,841,500 230,000 38,600 3,106,930 TOTAL REVENUES 3,016,500 9,200,000 38,600 45,648,760 Transfers from Other Funds - 1,500,000 - 4,164,140 TOTAL AVAILABLE RESOURCES 102,570,710 15,586,640 1,204,170 166,955,960 EXPENDITURES: General Government 90,000 6,081,680 Public Safety 193,000 11,405,840 Development Services 1,288,690 Streets 1,742,360 Community Services 18,000 3,485,960 Utilities 8,453,100 8,453,100 Debt Service 1,707,850 10,796,100 Capital Projects 51,021,000 51,021,000 Economic Development 1,809,500 TOTAL EXPENDITURES 51,021,000 10,160,950 301,000 96,084,230 Transfers to Other Funds 2,524,210 450,000 - 4,164,140 ENDING FUND BALANCE $ 49,025,500 $ 4,975,690 $ 903,170 $ 66,707,590 TOTAL REVENUES $ 49,812,900 NET DECREASE (INCREASE) IN FUND BALANCE 50,435,470 TOTAL APPROPRIABLE FUNDS $ 100,248,370 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 26, 2008 Item Number: E Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 07-12-08 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of July 31, 2008. Recommendation Motion to accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of July 31, 2008. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on August 15, 2008. Approved By Initial Date Department Director SS 8/15/0 �J City Manager fl' Jr\ � /c)(10 8 Page 1 of 1 8-12-2008 08:14 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: JULY 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT* TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 402,480.64 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INW00D BANK-ESCROW 0.00 1000-10180 DEPOSITS (EARNEST MONEY) 0.00 1000-10198 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCOUNTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCOUNTS REC - SAVAGE 421,443.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,579,374.51 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 0.00 1000-14410 DEFERRED CHARGE 417,967.00 3,821,265.15 TOTAL ASSETS 3,821,265.15 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 5,533.44 2000-20111 MEDICARE PAYABLE 352.43 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE ( 182.01) 2000-20117 TMRS PAYABLE 1,716.88 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 1,506.97 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20125 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY ( 287.35) 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 A? PENDING 2,344.38 2000-20210 ACCOUNTS PAYABLE 0.00 2200-20530 PROPERTY TAXES PAYABLE 890.78 2000-20540 NOTES PAYABLE 417,967.00 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 322,525.80 3-12-2008 08:14 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: JULY 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT$ TITLE TOTAL LIABILITIES 752,368.82 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 2,523,709.23 TOTAL BEGINNING EQUITY 2,523,709.23 TOTAL REVENUE 1,366,950.28 TOTAL EXPENSES 821,763.18 REVENUE OVER/(UNDER) EXPENSES 545,187.10 TOTAL EQUITY & OVER/(UNDER) 3,068,896.33 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 3,821,265.15 3-12-2008 08:14 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: JULY 31ST, 2008 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN WEDC 0.00 1000-18120 Loan-Birmingham 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-13220 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES _ 2000-20310 COMPENSATED ABSENCES PAYABLE 27,318.01 2000-21410 ACCRUED INTEREST PAYABLE 0.00 2000-28205 WEDC LOANS-CURRENT 51,031.75 2000-28220 BIRMINGHAM LOAN 28,210.96 2000-28230 INWOOD LOAN 622,180.76 2000-28240 HUGHES LOAN PAYABLE 282,547.56 2000-28250 CITY OF WYLIE LOAN 60,017.70 2000-28260 PRIME KUTS LOAN 213,006.04 2000-28270 BOWLAND/ANDERSON LOAN 67,067.03 2000-28280 CAZAD LOAN 175,058.89 TOTAL LIABILITIES 1,526,438.70 EQUITY 3000-34590 FUND BALANCE ( 1,526,438.70) TOTAL BEGINNING EQUITY ( 1,526,438.70) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY E. OVER/(UNDER) ( 1,526,438.70) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 8-11-2008 01:57 PM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JULY 31ST, 2008 111-'AYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET `# OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,300,000.00 98,844.56 0.00 805,761.95 0.00 494,238.05 61.98 INTEREST INCOME 9,000.00 692.59 0.00 8,330.10 0.00 669.90 92.56 MISCELLANEOUS INCOME 62,400.00 11,800.00 0.00 64,108.23 0.00 ( 1,708.23) 102.74 OTHER FINANCING SOURCES 0.00 0.00 0.00 488,750.00 0.00 ( 488,750.00) 0.00 TOTAL REVENUES 1,371,400.00 111,337.15 0.00 1,366,950.28 0.00 4,449.72 99.68 EEXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,628,443.00 194,077.72 0.00 821,763.19 1,169.99 805,509.93 50.53 TOTAL EXPENDITURES 1,628,443.00 194,077.72 0.00 821,763.18 1,169.99 805,509.83 50.53 REVENUE OVER (UNDER) EXPENDITURES ( 257,043.00)( 82,740.57) 0.00 545,187.10 ( 1,169.99) ( 801,060.11) 211.64- 8-11-2008 01.57 PM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JULY 31ST, 2008 ,-'i-NYLIE ECONOMIC DE✓EL CORP OEVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 6 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 3000-40210 SALES TAX 1,300,000.00 98,844.56 0.00 805,761.95 0.00 494,238.05 61.98 TOTAL TAXES 1,300,000.00 98,844.56 0.00 805,761.95 0.00 494,238.05 61.98 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 9,000.00 692.59 0.00 8,330.10 0.00 669.90 92.56 4000-46140 TEXPCOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 9,000.00 692.59 0.00 8,330.10 0.00 669.90 92.56 MISCELLANEOUS INCOME 4(.D0-34110 .RENTAL INCOME 62,400.00 11.800.00 0.00 61,603.23 0.00 796.77 98.72 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 0.00 0.00 0.00 2,505.00 0.00 ( 2,505.00) 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 62,400.00 11,800.00 0.00 64,108.23 0.00 ( 1,708.23) 102.74 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 488,750.00 0.00 ( 488,750.00) 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 488,750.00 0.00 ( 488,750.00) 0.00 TOTAL REVENUES 1,371,400.00 111,337.15 0.00 1,366,950.28 0.00 4,449.72 99.68 9-11-2008 09:47 AM CITY OF WYLIE PAGE- 3 REVENUE AND EXPENSE REPORT - (rUNAUDITED) AS OF: JULY 31ST, 2008 ill-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 4 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 170,922.00 29,993.99 0.00 146,865.68 0.00 24,056.32 85.93 5611-51130 OVERTIME 0.00 0.00 0.00 0.0.0 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 680.00 0.00 0.00 676.00 0.00 4.00 99.41 S611-51145 SICK LEAVE BUYBACK 1,799.00 0.00 0.00 1,799.28 0.00 ( 0.28) 100.02 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6 1♦-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 9,100.00 784.63 0.00 7,500.13 0.00 1,599.87 82.42 5611-51220 PHONE ALLOWANCE 2,976.00 228.92 0.00 2,461.04 0.00 514.96 82.70 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 16,609.00 607.24 0.00 12,450.80 0.00 4,158.20 74.96 :611-51410 HOSPITAL & LIFE INSURANCE 14,955.00 1,523.96 0.00 16,720.04 0.00 ( 1,765.04) 111.80 56.1-51420 LONG-TERM DISABILITY 974.00 36.81 0.00 404.91 0.00 569.09 41.57 5611-51440 FICA 10,990.00 776.22 0.00 6,342.43 0.00 4,647.57 57.71 5611-51450 MEDICAREE 2,679.00 181.52 0.00 1,894.78 0.00 784.22 70.73 5611-51470 WORKERS COMP PREMIUM 548.00 0.00 0.00 548.00 0.00 0.00 100.00 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 198.00 0.00 342.00 36.67 TOTAL PERSONNEL SERVICES 232,772.00 34,133.29 0.00 197,861.09 0.00 34,910.91 85.00 SUPPLIES 5611-52010 OFFICE SUPPLIES 15,000.00 8,405.58 0.00 12,725.50 0.00 2,274.50 84.84 5611-52040 POSTAGE 2,220.00 46.40 0.00 620.31 0.00 1,599.69 27.94 551.1-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5511-52310 FOOD SUPPLIES 6,300.00 376.25 0.00 5,010.65 0.00 1,289.35 79.53 S511-53990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 23,520.00 8,828.33 0.00 18,356.46 0.00 5,163.54 79.05 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3511-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 1,412.95 0.00 1,597.05 47.10 56611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 1,412.95 0.00 1,587.05 47.10 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 254,155.00 42,000.00 0.00 51,450.00 0.00 202,705.00 20.24 5611-56040 SPECIAL SERVICES 39,471.00 4,318.95 0.00 29,729.20 350.00 9,391.80 76.21 5611-56080 ADVERTISING 35,000.00 595.00 0.00 33,213.87 0.00 1,736.13 94.90 5611-56090 COMMUNITY DEVELOPMENT 53,291.00 8,254.00 0.00 43,382.83 105.00 9,303.17 82.54 5611-56110 COMMUNICATIONS 4,450.00 228.22 0.00 2,460.58 0.00 1,989.42 55.29 5611-56180 RENTAL 17,500.00 1,430.29 0.00 14,255.42 319.34 3,025.24 82.81 (311.56210 TRAVEL AND TRAINING 29,128.00 3,015.70 0.00 11,889.31 0.00 17,238.69 40.82 ,611 (55250 DUES & SUBSCRIPTIONS 6,280.00 3,489.00 0.00 6,976.95 0.00 ( 596.95) 109.51 5611-56310 INSURANCE 2,500 00 0.00 0.00 303.00 0.00 2,197.00 12.12 5611-56510 AUDIT AND LEGAL SERVICES 22,560.00 2,010.24 0.00 19,648.85 0.00 2,911.15 87.10 -611-56570 ENGINEERING - ARCHITECT SVC 28,000.00 1,540.63 0.00 7,572.88 0.00 20,427,12 27.05 5611-56610 UTILITIES - ELECTRIC 4,000.00 9.13 0.00 2,483.52 395.55 1,120.93 71.98 TOTAL CONTRACTUAL SERVICES 496,435.00 66,891.16 0.00 223,766.41 1,169.99 271,493.60 45.311 3-11-2.008 09:47 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JULY 31ST, 2008 .:-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 4 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 297,198.00 24,007.49 0.00 243,640.34 0.00 53,557.66 81.98• 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 16.52 0.00 ( 15.52) 0.00 TOTAL DEBT SERVICE & CAP. REPL 297,138.00 24,007.49 0.00 243,656.86 0.00 53,541.14 81.98 CAPITAL OUTLAY 'I'.1!-5 110 LAND 481,250.00 53,176.25 0.00 218,958.42 0.00 262,291.58 45.50 • 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 1,500.00 227.24 0.00 1,350.85 0.00 149.15 90.06 6i1-56830 FURNITURE & FIXTURES 6,000.00 0.00 0.00 5,524.26 0.00 475.74 92.07 _ 11-53995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 ( 162,263.72) 0.00 162,263.72 0.00 TOTAL CAPITAL OUTLAY 488,750.00 53,403.49 0.00 63,569.81 0.00 425,180.19 13.01 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 86,768.00 6,813.96 0.00 73,139.60 0.00 13,628.40 84.29 - 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 86,768.00 6,813.96 0.00 73,139.60 0.00 13,628.40 84.29 TOTAL DEVELOPMENT CORP-WEDC 1,628,443.00 • 194,077.72 0.00 821,763.18 1,169.99 805,509.83 50.53 TOTAL EXPENDITURES 1,628,443.00 194,077.72 0.00 821,763.18 1,169.99 805,509.83 50.53 REVENUE OVER (UNDER) EXPENDITURES ) 257,043.00) ( 83,433.16) 0.00 544,494.51 ( 1,169.99) ) 800,367.52) 211.37- END OF REPORT *** Notes Payable Payment Principal Interest Principal Balance June 30, 2008 $1,523,363.11 July Inwood(#33 of 120) $10,405.10 $7,319.77 3,085.33 $636,819.59 Birmingham(#53 of 60) 5,741.48 5,480.44 261.04 39,268.51 Hughes(#24 of 120) 3,774.70 2,326.88 1,447.82 287,236.40 City of Wylie(#13 of 24) 6,813.96 6,469.42 344.54 73,040.74 Prime Kuts(#9 of 120) 2,539.59 1,452.66 1,086.93 215,933.20 Bowland(#9 of 60) 773.31 596.65 176.66 34,735.78 Anderson(#9 of 60) 773.31 596.65 176.66 34,735.78 CapitalOne(#4 of 120) 2,034.96 897.72 1,137.24 176,452.92 July 31, 2008 $25,140.19 $1,498,222.92 Note: Principal and Interest payments vary by date of payment. Wylie Economic Development Corporation Balance Sheet Subledger July 31, 2008 Inventory-Land Address Acreage Improvements (sq.ft.) Cost Basis McMasters 709 Cooper 0.48 n/a 202,045.00 Heath 706 Cooper 0.46 3,625 186,934.22 Perry 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson Cooper Dr. 0.372 n/a 106,418.50 Hughes 211 -212 Industrial 0.74 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 210 Industrial 0.27 3,900 200,781.55 Ferrell 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. -0.09 -20,094.48 Premier Plaza Martinez Lane 25.00 n/a 639,000.00 Sale to Savage -3.87 -98,917.20 Premier Industrial Park Hensley 3.2 n/a 155,000.00 Total 28.62 2,579,374.51 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF JULY 2008 MONTH WEDC WEDC WEDC DIFF % DIFF 2006 2007 2008 07 VS 08 07 VS 08 DECEMBER $74,957 $82,910 $82,384 -$526 -0.70% JANUARY 74,764 86,614 89,898 3,284 4.39% FEBRUARY 110,794 121,615 132,441 10,826 9.77% MARCH 88,544 83,172 86,460 3,287 3.71% APRIL 67,714 81,377 86,004 4,627 6.83% MAY 113,042 124,616 130,208 5,592 4.95% JUNE 86,454 86,779 99,523 12,744 14.74% JULY 89,148 90,996 98,845 7,849 8.80% AUGUST 122,188 114,655 SEPTEMBER 69,876 99,715 OCTOBER 78,861 91,185 NOVEMBER 122,383 124,515 Sub-Total $1,098,726 $1,188,149 $805,762 $47,683 6.29% AUDIT ADJ TOTAL $1,098,726 $1,188,149 $805,762 $47,683 6.29% WEDC SALES TAX ANALYSIS $140,000 $120,000 F �� , it, $100,000 '`a •il ' "it rit 1 =PI $80r000 „,,,,q ...i. 9 k Fi I 4 60 000 , r 1,• '• Ii I;4.1I `'liii'il 0200 II 2008 r,• r? +',1 , ,,„ ,,, .,„ fi-j II , r. 1 $20,d00 aI I ri Y-, L , w�q fr.. + �r Yip ,,� rLtttI m Z' g L = l N 3. of � d I 15 0 L.L. a) N Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 26, 2008 Item Number: 1 Department: Finance (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: August 1, 2008 Budgeted Amount: Exhibits: Subject Hold the second Public Hearing on the proposed tax rate of $0.8989 for Fiscal Year 2008-2009 and provide taxpayers an opportunity to express their views on the tax rate; and set and announce the date, time, and place of the meeting at which Council will vote on the final proposed tax rate. Recommendation A motion to set September 9, 2008 at 6:00 pm at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas 75098 as the date, time and place at which council will vote on the final proposed tax rate. Discussion In accordance with the "Truth in Taxation" laws of the State of Texas, on August 12, 2008, the City Council took a roll call vote on the proposed tax rate and scheduled two public hearings on the tax rate. The first public hearing was held on August 21, 2008. This is the second public hearing. The notice for the two public hearings was published in the Dallas Morning News, Collin County Addition, on August 14, 2008 and the Wylie News on August 20, 2008. The purpose of both public hearings is to give the taxpayers an opportunity to express their views on the tax rate. At the end of this second hearing, the City Council must set and announce the date, time, and place of the meeting at which it will vote on the final proposed tax rate. Currently the date has been set for September 9, 2008. The official detailed effective tax rate calculations are available in the office of the Collin County Tax Assessor/Collector (Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance Department for the Council and public to view. The proposed budget is based on the tax rate of $0.8989 per $100 valuation. This is the rate previously proposed by the Council. Any change in the proposed tax rate will require revision of the proposed budget. The City is required by law to follow certain meeting and notice (publication) guidelines. Approved By Initial Date Department Director LW 8/1/08 City Manager I r rf l ) �,i Ocg Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 26, 2008 Item Number: 2 Department: Finance Department (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: August 1, 2008 Budgeted Amount: Exhibits: Subject Hold a Public Hearing on the fiscal year 2008-2009 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item on the proposed budget; and set and announce the date, time, and place of the meeting at which Council will vote on the final proposed budget. Recommendation A motion to set September 9, 2008 at 6:00 pm at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas 75098 as the date, time and place at which council will vote on the final proposed budget. Discussion A Public Hearing is required to be held on the fiscal year 2008-2009 Proposed Budget and schedule the time and place that the vote will be taken on the proposed budget. All interested persons shall be given an opportunity to be heard, either for or against any item on the proposed budget. At the end of the hearing, the City Council will schedule the time and place that the vote will be taken on the proposed budget. This meeting is currently scheduled for 6:00 pm on September 9, 2008 at the City Council Chambers, Wylie Municipal Complex, 2000 Hwy 78 North, Wylie, Texas. The City is required by law to follow certain meeting and notice (publication) guidelines. Approved By Initial Date Department Director LW 8/1/08 City Manager 11 LT. qc 0�� Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 26, 2008 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: August 15, 2008 Budgeted Amount: Exhibits: Seven Subject Consider, and act upon, approval of a request from Wylie Church of Christ for Abandonment of 1,747 square feet (0.0401 acres) of Right-of-Way located at the western boundary of Duncan Way in the Caldwell Estates Addition. Recommendation Motion to approve the Abandonment of 1,747 square feet (0.0401 acres) of Right-of-Way described in Exhibit No. 1 (attachments A, B and C). Discussion The applicant, Wylie Church of Christ is requesting that the City of Wylie abandon a portion of the west end of Duncan Way to allow for expansion on their existing facility located at 901 South Ballard and to allow for adequate parking. The portion of Right-of-Way as depicted in Exhibit No. 1 are currently being used as a public dead-end street with barricade. The Wylie Church of Christ is the sole property owner of all properties adjacent to subject public rights-of-way. City Ordinance No. 07-21 as adopted by Council July 10, 2007 requires that an abutting property owner of the right-of-way initiate a request to the Planning Department by completing all required documents of the Abandonment of Public ROW/Easement Application. Included with the required documents, must be a certified appraisal of the value of the land to be abandoned and a certified check to the City for the amount of the Appraisal. - The Applicant acquired the services of Fuller Appraisals to conduct an appraisal of the property and establish its fair market value. The cost of this appraisal was paid for by the applicant. The appraisal, which is attached, indicates that the fair market value of the property is established at one dollar ($1.00) per square foot. The initial request totaled 2,797 square feet. However, upon review by the City Engineer, it was determined that the city should retain a portion of the ROW to provide egress from driveways of two single family residents located immediately north of the subject area. Therefore the City would retain 1,050 square feet of the right-of-way. Resulting in a total abandonment of 1,747 square feet or 0.0401 acres. Page 1 of 2 Page 2 of 2 The total fair market value of the ROW of that portion of the west end of Duncan Way would be $1,747.00. The appraisal contains comparable properties on which to base the appraised value. The subject property is valued as vacant land tract only, devoid of any improvements. CONSIDERATION: The land area as described herein has no paving or improvements and has not been maintained by the City of Wylie. Staff has reviewed the request and determined that the ROW contains no utilities other than a 6" water line that runs east and west through the center of Duncan Way. Public utility companies using or entitled to use portions of the public right-of-way/utility easement have consented to the abandonment (Exhibit No. 3). The City receives no tax revenue from right-of-way property. If the right-of—way is converted to a private ownership that is a tax exempt entity, the city would continue to receive no taxes on this property. Right-of-way abandonment requires only Council action and no review by any Board or Commission. However, before the right-of-way may be used for private purposes it must be incorporated into a plat or a replat approved by the Planning and Zoning Commission and City Council. The applicant has submitted a Replat for review pending approval of this abandonment request. In accordance with Section 2.12 of the Subdivision Ordinance the applicant shall have six months from the date of City Council approval of abandonment to submit and file a replat with Collin County to incorporate the abandoned right-of-way into the adjacent platted lot(s). The replat shall also establish utility and access easements. Approved By Initial Date Department Director RO 08-19-08 City Manager i ' ABANDONMENT NT OF PUBLIC ROW-OF-WAY/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS ❑ A completed copy of the attached Abandonment of Public ROW/Easement application. ❑ All exhibits processed (except for Exhibit No.4,which will be processed by staff). ❑ A completed copy of the Easement Dedication Sheet application with all requirements. ❑ Attach responses from all abutting property owners. (sample letter enclosed). ❑ A certified appraisal of the value of the land to be abandoned. O A certified check to the City for the amount of the Appraisal. I0 An executed Release of Claims from each abutting property owner. ADDRESS/NAME OF ADDITION/SUBDIVISION Duncan way ROW - Caldwell Estates LEGAL DESCRIPTION SPP Exhmbi t 1 APPLICANT(Primary Contact forthe Project): Name Wy 1 i P Church of Christ - E-Mail Street Address 901 South Ballard, Wylie, Texas 75098 City Wylie State Texas _ Zip Code 75098 Phone Number 972-442-5513 FaxNumber 972-429-2017 PROPERTY OWNER'S INFORMATION(if different from above): Name E Mail Street Address City State Zip Code Phone Number Fax Number The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. . _0_,LLI '7...,..------. .] 4-1,41, 2-16 2.4) :, Signature of O-wner,Agent or Applicant Date Procedure for Abandonment of a Public ROW Page 4 488299.v1 APPLICATION FOR THE ABANDONMENT OF A PUBLIC RIGHT-OF-WAY/EASEMENT TO THE MAYOR AND CITY COUNCIL OF THE CITY OF WYLIE: The undersigned hereby makes application for the abandonment of that portion of the above right-of-way particularly described in Exhibit No. 9, attached. In support of this application, the undersigned represents and warrants the following: 7. Attached, marked Exhibit No. I, is a metes and bounds description (dividing the area in half) of the area sought to be abandoned. 2. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-of-way/easement sought to be abandoned, and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described right-of-way/easement is situated, together with the record owners of such lots. 3. Attached, marked Exhibit No. 3, is the written consent of all public utilities to the abandonment 4. Attached, marked Exhibit No. 4, is the consent of the City of Wylie staff to the abandonment. 5. Attached, marked Exhibit No_ 5, is the written consent of all the abutting property owners, except the following: (if none, so state) All Abutting property is owned by theWylie Church of Christ 6. Such public right-of-way/easement should be abandoned because: No further street development is planned Easement Encroaches upon planned building site 7. Such public right-of-way/easement has been and is being used as follows: green space and parking Procedure for Abandonment of a Public ROW Page 5 488299 vi • 8. Attached, marked Exhibit No. 6, is the certified appraisal of the value of the land to be abandoned. 9. Attached, marked Exhibit No. 7, is a Release of Claims executed by each abutting property owner. I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief_ Applicant's Signature:£ vek(1.4.1- Qk,,:.2 . ., z.� c.',, 4zt Applicant's Name: 41 Y>s ,t,'; 1,-4 I-03. )i e—( ij j t (& c k, - Applicant's Address: 74'r' - l A/l4tg-b Wcyli-� ( ,c 7' Applicant's Phone Number: 9 Tz ,444lz-s7.S"7.3 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF ea § ptibscribed and sworn to before me, a Notary Public, this A / day of , 200L, by f l u:s Ai,-c C.r.is iky c- - S6,----c-v-__ ("<-91fre-- -------_, CN. SHARON C. PETCHKUROW Notary Public in and for the State of Texas ci Notary Public t. ; Ctata of Texas 10,1'Comm,Expires 08-02-09 Procedure for Abandonment of a Public ROW Page 6 488299.V1 Application for Abandonment of a Public Right-of- Way/Easement Located: Duncan Way ROW EXHIBIT NO. ') Attached is a copy of the metes and bounds description (dividing the area in half) of the public right-of-way/easement situated in caldweii. _Estates Addition/Subdivision to the City of Wylie, _Collin County, Texas, sought to be abandoned. Procedure for Abandonment of a Public ROW Page 7 488299.v2 ABANDONMENT OF A PORTION OF DUNCAN WAY (A 50' R.O.W.) SITUATED IN THE ALLEN ATTERBERRY SURVEY, ABSTRACT NO. 23 CITY OF WYLIE, COLLIN COUNTY, TEXAS LEGAL DESCRIPTION BEING a 1,817 square fees (0.04 acre) tract of land situated in the Allen Atterberry Survey, Abstract No. 23 in the City of Wylie, Collin County, Texas, and being a portion of Duncan Way (a 50 foot right—of—way) in the City of Wylie, Collin County, Texas, and being more particularly described by metes and bounds as follows: Commencing at a 1/2 inch iron rod found corner, and being the Southwest corner of Lot 6, Block 3, CALDWELL ESTATES, an addition to the City of Wylie, Collin County, Texas according to the plat thereof recorded in Volume 4, Page 40, Plat Records, Collin County, Texas, and being in the North line of the remainder of said Duncan Way; Thence North 89 degrees 24 minuies 00 seconds West, along the North line of the remainder of said Duncan Way, a distance of 17.36 feet to a 1/2 inch iron rod set with yellow cap stamped "D.C.&A. INC." for corner, and being the Northwest corner of the remainder of said Duncan Way; Thence South 01 degrees 39 minutes 33 seconds West, along the West line of the remainder of said Duncan Way, a distance of 50.01 feet to a 1/2 inch iron rod set with yellow cop stamped "D.C.&A. INC." for corner, and being the Southwest corner of the remainder of said Duncan Way, and being in the North line of a tract of land conveyed to Wylie Church of Christ by deed recorded in Volume 927, Page 569, Deed Records, Collin County, Texas; Thence North 89 degrees 24 minutes 00 seconds West, along the North line of said Wylie Church of Christ tract (Vol. 927, Pg. 569), a distance of 35.86 feet to a 1/2 inch iron rod found for corner, and being the most Northern Southeast corner of a tract of land conveyed to Wylie Church of Christ by deed recorded in Volume 945, Page 162, Deed Records, Collin County, Texas; Thence North 00 degrees 32 minutes 23 seconds East, along the East line of said Wylie Church of Christ tract (Vol. 945, Pg. 162), a distance of 50.00 feet to a 1/2 inch iron rod found for corner, and being the Northeast corner of said Wylie Church of Christ (Vol. 945, Pg. 162) tract, and being in the most Northern South line of a tract of land conveyed to Wylie Church of Christ by deed recorded in Volume 1468, Page 616, Deed Records, Collin County, Texas; Thence South 89 degrees 24 minutes 00 seconds East, along the most Northern South line of said Wylie Church of Christ (Vol. 1468, Pg. 616) tract, a distance of 36.83 feet to the Point of Beginning and containing 1,817 square feet or 0.04 acres of land. GENERAL NOTES: 1) BEARINGS ARE BASED ON THE NORTH LINE OF BLOCK 3, CALDWELL ESTATES PER PLAT RECORDED IN VOLUME 4, PAGE 40, PLAT RECORDS, COLON COUNTY, TEXAS. (s89•24'00"E) BRYAN CONNALLY 2)0 = 1/2 INCH IRON ROD FOUND 3)®= 1/2 INCH IRON ROD SET WITH YELLOW CAP R.P.L.S. NO. 5513 STAMPED "D.C.&A. INC." FOR CORNER DDOUG CONNALLY &c ASSOCIATES, INC. SHEET 1 OF 3 d I OINEERING • PIJ1idNINO • SURVEYING JOB NO. 0801821-2 11545 Pagemill Road •Erg?•Dallas, Texas 75243 DRAWN BY: CC P 214.349.9485 F 214.349.2216 www.dcadiw.com Application for Abandonment of a Public Right-of- Way/Easement Located: Duncan Way ROW EXHIBIT NO, 2 Attached is a copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above-mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated, Also, the names of record owners of the abutting lots are shown. Of the property has not been platted, applicant has six months from date of City Council approval to complete all steps required for purchase of the abandonment and filing a plat or replat with County in accordance with the final plat requirements of the Subdivision Ordinance.) Procedure for Abandonment of a Public ROW Page 488299.v1 ABANDONMENT OF A PORTION OF DUNCAN WAY (A 50' R.O.W.) SITUATED IN THE ALLEN ATTERBERRY SURVEY, ABSTRACT NO. 23 CITY OF WYLIE, COLLIN COUNTY, TEXAS LINE TABLE 15 ' ALLEY LINE BEARING LENGTH CONTROLLING 4 — (BASIS OF BEARINGS+CONTROWNG MONUMENT S89•24'O0"E 60.00' NUMENT L1 N89'24'QO"W 17.36' 1/2 INCH IRON NCH IRON ROD FOUND FOUND LOT 6 30' BUILDING LINE LOT 5 I.'.. . " _ VOL 4 PG. 40 J- WYLIE CHURCH OF CHRIST CALDWELL ESTATES VOL. 1468, PG. 616 POINT OF BLOCK 3 I S89'24'00"E COMMENCING VOL. 4, PG. 40 I o 36.83' L1 0 I y 2 1111 POINT OF to M - RIGHT—OF—WAY : BEGINNING N " © ABANDONMENT M . DUNCAN WAY b WYLIE CHURCH OF CHRIST M a 1,817 sq.ft. r © 50' R.O.W. o VOL. 945, PG. 162 b In 0.04 acres M O o 0 - � 6 Z a N 1°N89'24'00"W 1 i I 35.86' CALDWELL ESTATES WYLIE CHURCH OF CHRIST BLOCK 4 VOL. 927, PG. 569 VOL. 4, PG. 40 LOT f - �f 30' BUILDING LINE : 1 7 VOL. 4, PG. 40 < / I GRAPHIC SCALE LOT 6 LOT 5 30 0 15 30 60 120 ( IN FEET ) GENERAL NOTES: 1 inch = 30 ft. 1) BEARINGS ARE BASED ON THE NORTH LINE OF BLOCK 3, CALDWELL ESTATES PER PLAT RECORDED IN VOLUME 4, PAGE 40, PLAT RECORDS, COLLIN COUNTY, TEXAS. (S89•24'00"E) BRYAN CONNALLY 2)0 = 1/2 INCH IRON ROD FOUND 3) 0= 1/2 INCH IRON ROD SET WITH YELLOW CAP R.P.L.S. NO. 5513 STAMPED "D.C.dcA. INC." FOR CORNER DOUG CONNALLY & ASSOCIATES. INC. SHEET 2 OF 3 ENGINEERING PLANNING • SEJI�VEYIN© I JOB NO. 0801821-2 11545 Pagemtil Road •Sutte 200 Dallas. Texas 75243 DRAWN BY: CG P 214.349.9485 • F 214.349.221 S www.dcadfw.com ABANDONMENT OF A PORTION OF DUNCAN WAY (A 50' R.O.W.) SITUATED IN THE ALLEN ATTERBERRY SURVEY, ABSTRACT NO. 23 CITY OF WYLIE, COLLIN COUNTY, TEXAS / ELLIOT I , r w MASTEy5 I FLEMING ,�r 2 /%' cV BUTLER cL 1- o d ( ' z M -.4. J 0 O itio ��� WILLIAM -J PARK o v .� KIRBY CITI ENS re o 0 m o ¢ ¢ w Q THOMAS 000, ct 0 o < z ) DUNCAN o a a ',' WAY J Z a m A PIRATE _ m = r- SITE WILLOW WAY r ( TONE ' BROOK l f WINDCREST I ALAN IS 1 - , \:\ VICINITY MAP NOT TO SCALE MAPSCO PAGE 10A-C DOUG CONNALLY & ASSOCIATES. INC. SHEET 3 OF 3 DENGINEERING PLANNING SURVEYING JOB NO. 0801 821-2 11545 Pagemif! Road Suite 200 Gallas, Texas 75243 DRAWN! BY: CG P 214.349.94a5 � F 214.349.2216 www.dcadfw.com a3-13-2m 09:50am Fram-TU EACTRIC DELIVERY U25593319 T-832 P 00Z/302 F-T39 riqum : Wyilt chUrCH a+. LhY hV NU. : Mar. iAreb kb: i1VM • Applimb:in for,Abandonment of Ptiblto Right-of- Way/Easement Located: WA,/ *-( -Dv inre...404 \dt.)!Msv..a CU 1 !iEg-Tik--rts -• • EXHIBIT 140.S The uriderAgned public utility compahlek using or waled id.use, under the terms and proVisiOnirof dUr teabeoUve franchises with the City Of Wylie, tileporlion of the mac right-oPwayiutilly essemord sought to be eibendoned.in the Applidagon for Abancionmeht aboy Warned to, do hereby ttineent to Ihe abandonment of the described Witch thereof. • • • GAS COMPANY • O ..1HdNE COMPANY Title, Otk5,WECTkIC - sy: if _ie VY\ S ir.) S I ?rowan=tor Abaudadniudi du Public ROW PRP, 41cEsua Imy 111- 1111t1 : Wylie church of Christ I FAX NO. : 9724292017 Dec. 18 2007 11:00AM P1 4•1 . * Applizaton for Abandonment of a Public Right-of- Way/Easement Located: arran war right of was, in Calri.ell Estates istkii tim, city of Wylie, Collin County'Is Located on property of 901 S. Ballard EXHIBIT NO. The undersigned public utility coMparilesi using or entitled to use,.under the ternS arid proVISions of our respective franchises with The City ofWylie„that portion of the public right-of-way/utility easement sought to be abandoned hi the Application for Abandonment bova referred to, do hereby consent to the abandonment of the described portion thdtetif. Ani44:BP•14,151, CARO, AS COMPANY 15&=. grir(i-7-76Za'4e - . Title ,e ow in#0149414t4. .TELEPHONE COMPAt4Y BY: Title _ ELECTRIC COMPANY -rit1 , iireacitarefor Abandotaaent of a Polak ROW Page 9 - 310.994v1 E • Application for Abandonment of a Public Right-of- Way/Easement Located: �'��^� L)A� -- �'a L w r"U k l=,s'f4t ES EXHIBIT NO.3 The undersigned public utility companies, using or entitled to use,under the terms and provisions of our respective franchises uiith the City of Wylie, that portion of the public right-of-way/utility easerrient sought to be abandoned in the Application for Abandonment above referred to, do hereby cOOnsent to the abandonment:of the described portion tiered': GAS COMPANY BY: Title • °+f n! TELEPHONE COMPANY BY: t Title. /. '1z11". ) O7eve,f rG,t y ELECTRIC COMPANY BY: Title Procedure for Abandonment of a Palle ROW Page 9 418299.1.1 ZOO 'd wcIZZ 1 L0/6t,'tT SSE5 ate EGE 3N12333NION3 NdOM13N • - Appliratkn for Abandonment of a Public R o€-V*ylEast ment Located:_ Duncan. WaY ROW EXHIBIT ND 4 The undersigned, City stuff' of the City of Vilytie, artily that they have carehdly considered the Application for Abandonment of the public right-of-way/easement • referred to above pursuant to City ordinances and with respect to present and future needs of the City of Wylie and see no abjection to the rued abandonment from the Clty's standpoitt City Engineer Building andel P ~� re( or Fire Marshal Director of Public Services Premature fir Aa■iesstofalddieROW Pose III Application for Abandonment of a Public Right-of- Way/Easement Located: Duncan Way ROW EXHIBIT NO. 5 The attached letters represents, owners of property abutting upon that portion of the public right-of-way/easement named and described in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby consent to such abandonment. All Abutting property is owned by The Wylie Church of Christ Procedure for Abandonment of a Public ROW Page 11 486799.vl EMEIIIIIT 6 CERTIFIED APPRAISAL OF TIM VALUE OF etiiE LAND Procedure for Abandonment of a Public ROW Page 13 488299.vI Fuller Appraisals LAND APPRAISAL REPORT File No. 3874-CF Borrower Wylie Church of Christ Case No. V Census Tract 313.04 Map Reference 'DA.0 Z Property Address Right-of-Way tract of land on the western portion of Duncan Way abutting to Wylie Church of Christ 0 City Wylie County Collin State Texas Zip Coda 7p098 ea Legal Description Please see the full Metes and Bounds Legal Description for further details LL Sete Price S Per sq.fL basis Date of Sale see comment.Loan Term N/A yrs. Properly Rights Appraised El Fee Leasehold DGe Mlnimis PUIJ z Actual Real Estate Taxes S N/A (yr) Loan Charges to be paid by seller S Other Sales Concessions o Lender/Client Wylie Church of Christ Address 901 S.Ballard Avenue,Wylie,Texas 75098 Occupant Vacant land Appraiser David L.Fuller.GM,CCRA Instructions to Appraiser Appraise for market value Location Urban X Suburban Rural Good Avg.Fair Poor Built Up Over 75% E 25%to 75% Under 25% Employment Stability X� Growth Rate ❑Fully Dev. Rapid ElSteady Slow Convenience to Employment Property Values Increasing El Stable Declining Convenience to Shopping X Demand/Supply I Shortage El In Balance Oversupply Convenience to Schools IIUD J X I I M o Marketing Time I I Under 3 Mos, X 4.6 Mos. g Over 6 Mos. Adequacy of Pubfic Transportation N 0 [] E o Present Land Use 30%1 Family 5 %2-4 Family 5 %Apts_%Condo 15 %Commercial Recreational Facilities X x 5 %Industrial 40 %Vacant % Adequacy of Utilities ©- O Change In Present Land Use Not Likely n Likely(') n Taking Place(') Property of Compatibility m r From Public Roadways To Church Land Use Protection from Detrimental Conditions El ® J x c7 Predominate Occupancy X Owner ❑Tenant %Vacant Police and Fire Protection El I I z Single Family Price Range S 50,000 to S 150,000+ Predominant Values 85,000 General Appearance of Properties 14 Single Family Age New yrs to 50 yrs. Predominant Age 30 yrs Appeal to Market HI t Comments including those factors,favorable or unfavorable,affecting marketability(e g public parks,schools,view,noise): See the Comments Addilndum , Dimensions 50 0'x 5419'x 50 1 x 57 69'(see the survey for further details) = 0.06 acres or 2,797 sq.ft. U Comer Lot Zoning Classification SF-10/19-Sin le-Family 10/19 Present Improvements I X Ido Lido not conform to zoning regulations Highest and best use U Present use Other(specify) Public Other(Describe) OFF SITE IMPROVE ENTS Typo Fairly level Elec. X Street Access XD Public Private Size Less than average for the area Gas Surface Asphalt Shape Rectangular Water X Maintenance [.&}Public U Private View Residential area San.Sewe n Storm Sewer X Curb/Gutler Drainage Adequate Underground Elect&Tel.nSidewalk I Street Lights Is the property located in a HUD identified Special Flood Hazard Area?I X1No/ IYes Comments(favorable or unfavorable including any apparent adverse easements,encroachments or other adverse conditions): No adverse easements or encroachments were noted on the inspection. There are typical utility easements necessary to serve the subject tract Please see the Flood Map located later in this report for further details regarding the flood data. The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis.The des''pbon includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties.If a significant dem in the comparable property is superior to or more favorable than the subject property,a menus(-)adjustment is made thus reducing the indicated value of subject;if a significant item in the comparable is inferior to or less favorable than the subject property`a plus(+)adjustment is made thus increasing the indicated value of the subject. {{ I SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO3 Address Duncan Way R.O.W. 1st,2nd,&Marble St.R.O.W. 412 N.Ballard Avenue Lot 14R,Butler Street Wylie,T_exas 75098 Wylie,Texas Wylie,Texas Wylie.Texas !0 Proximity to Subject f~ '' 1.0 mile North 1.0 mile North 2.0 to 3.0 blocks North w Sales Price S Per sq.ft.basis is 1.80 S 1.56 _ Is 2.47 -T.r Price/ S See Comments .. is 111,000 _s 39,000 , _ _,_......_ , ]s 35,000 z Data Source Inspected Verified with 1st Baptist Wylie��� MLS#10912991q�� _ MLS#10676194.1�t 4 Date of Sale and DESCRIPTION DESCRIPTION Ad�i2 nri nl _ DESCRIPTION Arl d5tn=nt DESCRtPTION Artd1 went I-Time Adjustment 7/21/2008 1/8/2008 2/29/2008 6/27/2007 ca Location Fair Superior -1.08 Superior -1.09 Superior -1.24 SiteNiew 2,797 sq.ft. 61.724 sq.ft. +0.63 25,003 sq.ft. +0.39 14,196 sq.ft. +0.2�5 g Zpninn SF-10/19 CR&SF -0.45 Single-Family Single-Famil(, z Sales or Financing Concessions NetAdj.(Total) I • __I (PlusIXIMinus S -0.90 I (PlustXjMinusi S -0.70 I [PIeddXlMinuf S -0.99 Indicated Value Net-51)% Net.-45% j Net.-40% of Subject i Gross=120% S 0.90 Grosse95% I S 0.86 Gross=60% S 1.48 Comments on Market Data All of the comparable sales used in this data set were located in the similar marketing areas like the subject. Comments and Conditions of Appraisal: The subject is to be valued as a vacant land tract only,devoid of any improvement;although presently the land area is improved with some street paving,curb&gutters,and utilities.Thus,the Cost and Income approaches to Z value were not applicable for this study. No other conditions are necessary for the estimate of value stated on this,report. pFinal Reconciliation: The Sales Comparison Approach was the only valid analysis for this study as the subject is to be valued as a a vacant land tract only. Equal weight was placed on all three(3)comparable sales in order to determine a final value analysis for the o subject. Thus,the subject was assigned an estimated value of$1.00tsq.ft.x 2,797 sq.ft.or$2,800.00(rounded). p I ESTIMATE THE MARKET VA UE,AS DEFINED s . ill T PROPERTY AS OF July 21,2008 to be S 2,800 w ,�..�..� +�� Review Appraiser(if applicable) i►'t�1 �7 _ -Ord❑Did Not Physically e-vrd L.Fu - ,GM, ' `•OVA' Inspect Property I ate Report Signed July 23,2008 Date Report Signed '.tate Certification# 1320771-G State TX State Certification# Stale er Stale License# State Or Stale License# Stale Expiration Date of License or Certification 5/31/2009 Expiration Date of License or Certification _ ClickFORMS Appraisal Software 600-622-8727 Pave 1 of 10 Fuller Appraisals COMMENT ADDENDUM File No. 3874-CF Case No. Borrower Wylie Church of Christ Property Address Right-of-Way tract of land on the western portion of Duncan Way abutting to Wylie Church of Christ City Wylie County Collin State Texas Zip Code 75098 Lender/Client Wylie Church of Christ Address 901 S.Ballard Avenue,Wylie,Texas 75098 COMMENTS ON THE HISTORY OF THE SUBJECT AND THE LEGAL DESCRIPTION: The land area noted in this report has been maintained by the City of Wylie for a period far exceeding three years.A portion of Duncan Way is to be abandoned by the City of Wylie.This area is delineated in a survey provided this appraiser(s)and noted in this report. COMMENTS ON THE NEIGHBORHOOD: The subject land tract is located a few blocks south of SH-78 and just east of Ballard Avenue,at the westernmost dead end of Duncan Way in the City of Wylie.It is approximately 20-25 miles northeast of the Dallas Central Business District. Good access is allowed to business and shopping areas via SH-78 and Ballard Avenue.The surrounding neighborhod is primarily older residential properties with some local commercial and neighborhood service facilities located along the major arteries.There are some multi-family apartment complexes located primarily south and west of the subject.Furthermore,the old downtown area of Wylie lies a few blocks north of the subject. There is also a good amount of vacant land in the subject's neighborhood.There are some industrial facilities located to the west of the subject primarily located along SH-78 and FM-544.Also of note,Lake Lavon is located less than two miles north and northeast of the subject providing the area the typical recreational type activities associated with lakes.SH-78 is a four-lane divided roadway connecting the subject to the cities of Sachse and Garland to the southwest and to the City of Lavon to the northeast.SH-78 also connects to SH-190 further to the southwest.Duncan Way,designated for the subject as R.O.W.abandonment,is an undivided asphalt roadway providing an east/west traffic artery. COMMENTS ON THE SALES COMPARABLES: SALE#1: This comparable was located less than one mile north of the subject and was several R.O.W.street abandonments deeded to First Baptist Church of Wylie located on portions of 1st,2nd and Marble Streets.The total area of the comparable Right-of-Ways is larger to that of subject's R.O.W.area.Typically,a smaller parcel of land similar in size to the subject will tend to sell for more per square foot relative to a larger tract similar in size to the comparable. The comparable was deemed superior to the subject due to location as the comparable has superior access, visibility and is immediately east of the downtown area of the City of Wylie and just north of SH-78,while the subject area is located at a dead end with difficult accessibility and poor visibility.Furthermore,a portion of the comparable is designated for Community Retail and Single-Family uses,thus,being superior to the subject which is only zoned for single-family usage. This"CR"zoning generally provides a greater return of the land than the use of the subject. SALE#2: This comparable was also located approximately 1.0 mile north of the subject on Ballard Avenue.The comparable was a larger tract of land to that of the subject.Typically,a smaller parcel of land similar in size to the subject will tend to sell for more per square foot relative to a larger tract similar in size to the comparable.The comparable was deemed superior to the subject due to location as the comparable is located on a major roadway for this area with superior access,visibility and traffic flow.Furthermore,this tract is just north of the downtown area of the City of Wylie and is a direct connection to multiple major traffic arteries for this area being SH-78,FM-544,Brown Street and Parker,while the subject area is located at a dead end with difficult accessibility and poor visibility.All other aspects of the comparable and subject were deemed similar. SALE#3: This comparable was located a few blocks north of the subject in an area of similar single-family subdivisions. Although located in a similar neighborhood setting,the comparable was deemed superior to the subject as it is has superior accessibility and visibility,while the subject area is located at a dead end with difficult accessibility and poor visibility.Furthermore,the comparable is located approximately one block south of SH-78 and one block east of Ballard Avenue.Also,the comparable was a larger tract of land to that of the subject.Typically,a smaller parcel of land similar in size to the subject will tend to sell for more per square foot relative to a larger tract similar in size to the comparable.All other aspects of the comparable and subject were deemed similar. ClickFORMS Appraisal Software 800-622-8727 Page 2 of 10 • EXHIBIT 7 RELEASE OF CLAIMS All Abutting Property is owned by The Wylie Church of Christ Procedure for Abandonment of a Public ROW Page 14 488299.v1 RELEASE OF CLAIMS In consideration of the abandonment of 1,817 square feet of right-of-way located at the western boundary of Duncan Way in the Caldwell Estates Addition, which is situated in the Allen Atterberry Survey, Abstract No. 23 City of Wylie, Collin County, Texas, according to the Plat of Caldwell Estates, Block 3, Lot 7 thereof recorded in Volume 4, Page 40, of the Deed Records of Collin County, Texas as more particularly described in Exhibit No. 1 attached hereto and incorporated herein for all purposes (the "Right-of-Way") the receipt and sufficiency of which is hereby acknowledged, we, the Wylie Church of Christ and its agents release any and all claims against the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives, which we may possess at the time of the execution of this document, or which come to exist as a result of conduct occurring prior to our execution of this document, relating in any way to the Right-of-Way. We are fully authorized and empowered to execute and enter into this Release upon the terms stated herein, and fully authorized and legally competent to execute this Release as the legal, valid and binding act and deed of the releasing party(ies). We represent and warrant that the claims released above are currently owned solely by us, Wylie Church of Christ, free and clear of all liens, encumbrances, pledges, assignments, claims and security interests of any kind or nature. We further represent and warrant that we have the right to compromise and settle the claims and any other claims that could have been asserted by us which relate in any way to the Right-of-Way. We agree to indemnify and hold harmless the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives from any and all costs and damages arising from claims or encumbrances contrary to the representations and warranties contained in the preceding paragraph of this Release. This Release shall be binding upon and inure to the benefit of the parties" respective legal heirs, successors and assigns. Should any portion (word, clause, phrase, sentence, paragraph or section) of this Release be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected. In witness whereof-, eve have executed this Release on the 20th day of August, 2008. Procedure for Abandonment of a Public ROW Page 15 488299.v 1 ACKNOWLEDGMENT STATE OF TEXAS § COUNTYOF (1 § Before me, the undersigned authority, on this day personally appeared A I vi s 74;c6.C s , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the 2 day of , 2001. / el1304. SHARONN C. FETCHKUROW rwel) v IVOtary PUGNC 5 Sire of Texas fr v--1 ,...- i e,"�'- = ',eofAO NI, Comm Epp ras 08-02-09 ' _— _. Notary Public, State of Texas My Crission Expires: STATE OF TEXAS § § COUNTY OF § Before me, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of `, 200 Notary Public, State of Texas My Commission Expires: Procedure for Abandonment of a Public ROW Page 16 458299.v1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 26, 2008 Item Number: 4 Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Date Prepared: 8/7/08 Budgeted Amount: Resolution/Interlocal Exhibits: Agreement Subject Consider, and act upon, Resolution No. 2008-34(R) authorizing the Mayor to enter into an Interlocal Cooperation Agreement with the Southeast Collin County EMS Coalition for Regional Emergency Medical Services/Ambulance Service. Recommendation Motion to approve Resolution No. 2008-34(R) authorizing the Mayor to enter into an Interlocal Cooperation Agreement with the Southeast Collin County EMS Coalition for Regional Emergency Medical Services/Ambulance Service. Discussion The Southeast Collin County EMS Coalition was formed in 1997 allowing participating entities to participate in a cooperative agreement to solicit proposals for a regional contract to provide emergency medical services/ambulance service at a cost no entity could achieve on their own. Since the original signing of the Interlocal Agreement between Southeast Collin County Coalition members, several cities have joined and terminated their association with the Coalition causing many addendums to the original Interlocal Agreement. Per recommendation by the City Attorney's office, the Southeast Collin County EMS Coalition will sign a new Interlocal Cooperation Agreement between Coalition members. The Interlocal Cooperation Agreement is identical to the previously signed agreement in 1997, with the only changes being current information regarding members. Approved By Initial Date Department Director RC 8/13/08 City Manager int( Page 1 of 1 RESOLUTION NO. 2008-34(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH THE SOUTHEAST COLLIN COUNTY EMS COALITION FOR REGIONAL EMERGENCY MEDICAL SERVICES/AMBULANCE SERVICE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code provides the authority to political subdivisions to contract with each other to facilitate the governmental functions and services of the governmental entities under the terms of the act; and WHEREAS, the Governmental Entities desire to maximize the efficiency and effectiveness of emergency medical services by entering into an agreement to provide for regional emergency medical services; and WHEREAS, the Government Entities intend to enter into this new Agreement to create the Coalition to provide for regional emergency medical services, rather than rely on a previous interlocal agreement which included other governmental entities; and WHEREAS,the forming of a Coalition for the purposes of obtaining emergency medical services for all of the Governmental Entities will result in more efficient provision of services to each Governmental Entity. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS; Section 1. The City Council of the City of Wylie hereby authorizes the Mayor to enter into an Interlocal Cooperation Agreement with the Southeast Collin County EMS Coalition for regional emergency medical services/ambulance service. Section 2. An official copy of this resolution shall be forwarded to the government entities of the Southeast Collin County EMS Coalition. Section 3. This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 26th day of August, 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2008-34(R) Interlocal Cooperation Agreement Southeast Collin County EMS Coalition STATE OF TEXAS § COUNTY OF COLLIN § INTERLOCAL COOPERATION AGREEMENT FOR EMERGENCY MEDICAL SERVICES COALITION This Agreement is made and entered into by and among County of Collin ("Collin County"), the City of Lavon, Texas ("Lavon"), the City of Lucas, Texas ("Lucas") the City of Parker, Texas ("Parker"), the Town of Saint Paul, Texas ("St. Paul"), and the City of Wylie, Texas ("Wylie") each of said Cities being a municipal corporation organized and operating under the laws of the State of Texas (collectively referred to as the "Governmental Entities" or singularly as "Governmental Entity") acting by and through their authorized representatives. WITNESSETH: WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code (the "Act") provides the authority to political subdivisions to contract with each other to facilitate the governmental functions and services of the governmental entities under the terms of the Act; and WHEREAS, the Governmental Entities desire to maximize the efficiency and effectiveness of emergency medical services by entering into an agreement to provide for regional emergency medical services; and WHEREAS, the Governmental Entities intend to enter into this new Agreement to create the Coalition to provide for regional emergency medical services, rather than rely on a previous interlocal agreement which included other governmental entities; and WHEREAS, the forming of a Coalition for the purposes of obtaining emergency medical services for all of the Governmental Entities will result in more efficient provision of services to each Governmental Entity. NOW THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth and other valuable consideration the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE 1.1 The purpose of this Agreement is to create the Southeast Collin County EMS Coalition ("Coalition") by and among the Governmental Entities for the purpose of contracting and/or providing for regional emergency medical services to the Governmental Entities. ARTICLE II Interlocal Cooperation Agreement for Emergency Medical Services Coalition Page 1 522095.v1 EMERGENY MEDICAL SERVICES 2.1 The Governmental Entities shall each designate a representative for the Coalition. The Coalition shall negotiate the terms of a contract for the provision of emergency medical services to all Governmental Entities in a manner consistent with this Agreement. The Coalition may also propose a contract for mutual aid amongst Governmental Entities, and compensation for services performed. 2.2 Any contract negotiated by the Coalition must be adopted and executed by the governing body of each Governmental Entity prior to becoming effective against any Governmental Entity. 2.3 All members agree to pay their part of the costs associated with running the back- up ambulances. The apportionment is derived by dividing the cost of back-up ambulances by the number of calls received the previous year by each Governmental Entity. The cost is to be paid to Wylie in quarterly installments. The costs allocated to each member are listed on Exhibit "A" attached hereto and incorporated as if fully set forth herein. 2.4 At all times while equipment and personnel of the Governmental Entities are traveling to, from, or within the territorial limits of any of the other Governmental Entities in accordance with the terms of this Agreement, such personnel and equipment shall be deemed to be employed or used, as the case may be, in the full line and course of duty of the Governmental Entity which regularly employs such personnel and equipment. Further, such equipment and personnel shall be deemed to be engaged in a governmental function of such Governmental Entity. 2.5 In the event that any individual employee or representative of any of the Governmental Entities performing duties subject to the Agreement shall be cited as a defendant party to any state or federal civil lawsuit, or if a claim or demand for damages or liability is asserted against such individual arising out of his or her official acts while performing duties pursuant to the terms of this Agreement, such individual shall be entitled to the same benefits that he or she would be entitled to receive had such civil action arose out of an official act within the scope of his or her duties as a member of the Governmental Entity where regularly employed. The benefits described in this paragraph shall be supplied by the Governmental Entities where the individual is regularly employed. However, in situations where any of the other Governmental Entities may be liable, in whole or in part, for the payment of damages, then such other Governmental Entities may intervene in such causes of action to protect its interest. ARTICLE III FINANCIAL OBLIGATIONS 3.1 The Governmental Entities represent and covenant that their respective financial obligations and liability arising herein, or as part of the Coalition, shall constitute operating expenses of the Governmental Entities payable from funds annually budgeted and appropriated therefore. Interlocal Cooperation Agreement for Emergency Medical Services Coalition Page 2 522095.v1 3.2 Each Governmental Entity shall be responsible for a share of any financial obligation created by the Coalition and approved by all Governmental Entities, in a percentage equal to that Governmental Entity's population divided the total population of all Governmental Entities, as established by the 2000 U.S. Census. ARTICLE IV TERM 4.1 The term of this Agreement shall be for one (1) year commencing on the last date all of the Governmental Entities have executed the Agreement (the "Effective Date"), and shall automatically renew for successive one (1) year terms on the anniversary date of the Effective Date thereafter, unless terminated by written agreement of all Governmental Entities. 4.2 Any one Governmental Entity may terminate its rights and obligations under this Agreement by giving one hundred eighty (180) days prior written notice to the other Governmental Entities. Any financial obligation or liability of a Governmental Entity arising from this Agreement, or any contract executed in connection with this Agreement shall survive termination of this Agreement. ARTICLE V RELEASE AND INDEMNIFICATION 5.1 Each Governmental Entity hereto agrees to waive all claims against, release, and otherwise hold harmless the other Governmental Entities, their officers, agents and employees in both public and private capacities from any and all liability, claims, suits, demands, losses, damages, attorneys fees, including all expenses of litigation or settlement, or causes of action of any kind which may arise by reason of injury to or death of any person or for a loss of, damage to, or loss of use of any property arising out of services provided under this Agreement, including any acts or omissions of the parties respective officials, officers, agents or employees relating to or arising out of the performance of this Agreement, except when such claim or demand results from the intentional tort and/or gross negligence of a party hereto. 5.2 In the event any claim or demand arises out of or results from the intentional tort and/or gross negligence of a party hereto, then in that event, the party guilty of such intentional tort and/or gross negligence shall indemnify and hold harmless other Governmental Entities (innocent of any intentional tort or gross negligence) of and from all liability, claims, suits, demands, losses, damages and attorneys' fees resulting from the intentional tort and/or gross negligence. 5.3 The parties hereto agree to exercise their best efforts in the performance of the obligations of each party hereunder. Each party to this Agreement waives all claims against the other party for any loss, damage, personal injury, or death occurring as a consequences of the performance of or failure to perform this Agreement. Nothing contained in the Agreement shall Interlocal Cooperation Agreement for Emergency Medical Services Coalition Page 3 522095.v l in any way be construed so as to confer any vested right or benefit to any third party not a party to this contract. Each party shall be solely responsible for any civil liability arising from furnishing or obtaining the fire protection services contemplated herein as fully as and to the same extent as that party would have been responsible in the absence of this Agreement, in accordance with Section 791.006, Texas Government Code, as amended. 5.4 It is expressly understood and agreed that, in the execution of this Agreement, none of the Governmental Entities waive, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available against claims arising in the exercise of governmental functions relating hereto or otherwise. By entering into this Agreement, the Governmental Entities do not create any obligations express or implied, other than those set forth herein, and this Agreement, shall not create any rights in any parties not a signatory hereto. The remedies of any of the Governmental Entities hereto with respect to a claim against any of the other Governmental Entities hereto shall not be impaired by this Agreement when the claim does not arise from the services provided pursuant to this Agreement. ARTICLE VI INSURANCE 6.1 Each Governmental Entity shall maintain in full force and effect during the term of the Agreement, insurance for comprehensive bodily injury, death and property damage insuring and naming each Governmental Entity as an additional insured against all claims, demands, or actions relating to the Services with a minimum combined single limit of not less than one million dollars ($1,000,000.00) per occurrence for injury to persons (including death) and for property damage or destruction. ARTICLE VII DEFAULT 7.1 In the event any of the Governmental Entities shall fail to perform any financial obligation hereunder, any one or more of non-defaulting Government Entities shall give written notice of such failure, and if the defaulting Government Entity has not cured such failure within ten (10) days after receipt of such written notice, any one or more of the non-defaulting Governmental Entities shall have the right to cure such failure and recover from the defaulting Governmental Entity the amount of money paid if any, by the non-defaulting Governmental Entity to cure such failure, with interest at the highest rate allowed by law. 7.2 In the event that the Coalition enters into an agreement on behalf of the Governmental Entities that exceeds a term of one year, a defaulting Governmental Entity's responsibility to cure shall remain until full expiration of the Agreement entered into by the Coalition and in such case, the non-defaulting Governmental Entities shall have the right to recover from the defaulting Governmental Entity all amounts necessary to cure the default. Interlocal Cooperation Agreement for Emergency Medical Services Coalition Page 4 522095.vl ARTICLE VIII MISCELLANEOUS 8.1 Governing Law. This Agreement shall be governed by the laws of the State of Texas; and venue for any action shall be in Collin County, Texas. 8.2 Notice. Any notice, demand or request required or permitted to be delivered hereunder shall be deemed received when delivered in person or sent by United States mail, postage prepaid, certified mail, addressed to the party at the address set forth below: Lavon: City of Lavon Attn: City Manager P.O. Box 340 Lavon, Texas 75166 Lucas: City of Lucas Attn: City Administrator 151 Country Club Road Lucas, Texas 75002 Parker: City of Parker Attn: City Administrator 5700 East Parker Road Parker, Texas 75002 St. Paul: Town of Saint Paul Attn: Mayor 2505 Butscher's Block Saint Paul, Texas 75098 Wylie: City of Wylie Attn: Mindy Manson, City Manager 2000 Highway 78 Wylie, Texas 75098 Collin County: Collin County Attn: Judge Keith Self 825 North MacDonald, #1 B McKinney, TX 75069 Any party may, at anytime, by written notice to the other Governmental Entities, designate different or additional persons or different addresses for the giving of notices hereunder. Interlocal Cooperation Agreement for Emergency Medical Services Coalition Page 5 522095.v 1 8.3 Entire Agreement. This Agreement is the entire agreement. There is no other collateral or oral agreement among the parties that in any way relates to the subject matter of this Agreement. 8.4 Amendment. This Agreement may be amended by the written agreement of all parties hereto. 8.5 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 8.6 Assignment. This Agreement may not be assigned by any Governmental Entity without the express written consent of all Governmental Entities. EXECUTED in multiple originals this day of , 2008. CITY OF LAVON, TEXAS By: Print Name: Title: Mayor ATTEST: By: Print Name: Title: City Secretary APPROVED AS TO FORM: By: Print Name: Title: City Attorneys EXECUTED in multiple originals this day of , 2008. CITY OF LUCAS,TEXAS By: Print Name: Title: Mayor Interlocal Cooperation Agreement for Emergency Medical Services Coalition Page 6 522095.v1 ATTEST: By: Print Name: Title: City Secretary APPROVED AS TO FORM: By: Print Name: Title: City Attorneys EXECUTED in multiple originals this day of , 2008. CITY OF PARKER, TEXAS By: Print Name: Title: Mayor ATTEST: By: Print Name: Title: City Secretary APPROVED AS TO FORM: By: Print Name: Title: City Attorneys Interlocal Cooperation Agreement for Emergency Medical Services Coalition Page 7 522095.v 1 EXECUTED in multiple originals this day of , 2008. CITY OF SAINT PAUL, TEXAS By: Print Name: Title: Mayor ATTEST: By: Print Name: Title: City Secretary APPROVED AS TO FORM: By: Print Name: Title: City Attorneys EXECUTED in multiple originals this day of , 2008. • CITY OF WYLIE, TEXAS By: Eric Hogue, Mayor ATTEST: By: Carole Ehrlich, City Secretary APPROVED AS TO FORM: By: Abernathy Roeder Boyd &Joplin P.C. Rebecca Brewer, City Attorneys Interlocal Cooperation Agreement for Emergency Medical Services Coalition Page 8 522095.vl EXECUTED in multiple originals this day of , 2008. COLLIN COUNTY, TEXAS By: Keith Self, Judge ATTEST: By: APPROVED AS TO FORM: By: Attorney Interlocal Cooperation Agreement for Emergency Medical Services Coalition Page 9 522095.v1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 26, 2008 Item Number: 5 Department: City Manager (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: 8-18-08 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Ordinance No. 2008-39 approving a Negotiated Resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the Company's Rate Review Mechanism Filing in all Cities Exercising Original Jurisdiction; declaring existing rates to be unreasonable; adopting Tariffs that reflect rate adjustments consistent with the Negotiated Settlement and finding the rates to be set by the attached Tariffs to be just and reasonable; approving Atmos' Proof of Revenues; adopting a Savings Clause; determining that this Ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; declaring an effective date; and requiring delivery of this Ordinance to the company and legal counsel. Recommendation Motion to approve Ordinance No. 2008-39 approving a Negotiated Resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the Company's Rate Review Mechanism Filing in all Cities Exercising Original Jurisdiction; declaring existing rates to be unreasonable; adopting Tariffs that reflect rate adjustments consistent with the Negotiated Settlement and finding the rates to be set by the attached Tariffs to be just and reasonable; approving Atmos' Proof of Revenues; adopting a Savings Clause; determining that this Ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; declaring an effective date; and requiring delivery of this Ordinance to the company and legal counsel. Discussion The City, along with 150 other cities served by Atmos Energy Mid-Tex Division ("Atmos" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). On April 14, 2008, Atmos filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff approved by the City earlier this year. The Company's April RRM filing seeks a $33.5 million rate increase. The City worked with ACSC to analyze the schedules and evidence offered by Atmos to support its request to increase rates. The Ordinance and attached tariff approving rates that will increase the Company's revenues by $20 million effective October 1, 2008, are the result of negotiation between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of ACSC's RRM filing. The monthly bill impact for the average residential customer is $0.81. The ACSC Executive Committee recommends that all ACSC cities adopt the ordinance implementing the rate change. RRM Background: Page 1 of 1 Page 2 of 3 The RRM tariff was approved by cities as part of the settlement agreement to resolve Atmos' 2007 rate increase case. Atmos' rate request represents the first filing pursuant to the three-year trial project known as the RRM process. The RRM process was created collaboratively by the Steering Committee and Atmos as an alternative to the GRIP surcharge process. The RRM process allows for a more comprehensive rate review and annual adjustment that will function as a substitute for future GRIP filings during the three-year trial period specified by the tariff. There are two components to the RRM adjustment. The prospective component adjusts rates for known and measurable changes in O&M and net plant investment. Atmos and ACSC agreed to cap changes to expenses and invested capital at no more than five percent. The true up component evaluates whether the Company has over or under recovered its earnings for the previous year. For purposes of the RRM true up component, Atmos' rate of return on equity and its capital structure are frozen to avoid the parent company from manipulating the overall rate of return. Costs expressly prohibited from recovery through the RRM include first class air-fare, travel, meals or entertainment for employee's spouse, alcohol, sports events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and social club membership dues. Purpose of the Ordinance: The purpose of the Ordinance is to approve rate tariffs (Attachment A) that reflect the negotiated rate change pursuant to the RRM process. The Ordinance also approves the Company's proof of revenues (Attachment B), a required part of the RRM filing. As a result of the negotiations, ACSC was able to reduce the Company's requested $33.5 million RRM increase by more than 35 percent. Approval of the Ordinance will result in rates that implement a $20 million increase in Atmos' revenues effective October 1, 2008. Reasons Justifying Approval of the Negotiated Resolution: During the time that the City has retained original jurisdiction in this case, consultants working on behalf of ACSC cities have investigated the support for the Company's requested rate increase. While the evidence does not support the $33.5 million increase requested by the Company, ACSC consultants agree that the Company can justify an increase in revenues of at least $19.8 million. A contested case proceeding before the RRC on the Company's current application will take several months and cost ratepayers millions of dollars in rate case expenses and would not likely produce a request more favorable than that to be produced by the settlement. The ACSC Executive Committee recommends that ACSC members take action to approve the ordinance authorizing new rate tariffs. Explanation of"Be It Ordained" Paragraphs: 1. This paragraph approves all findings in the ordinance. 2. This section adopts the attached tariffs (Attachment A) and Company's proof of revenues (Attachment B) in all respects and finds the rates set pursuant to the attached tariffs to be just, reasonable and in the public interest. Note that only new tariffs or existing tariffs that are being revised are attached to the Ordinance. Existing tariffs that are not being changed in any way are not attached to the Ordinance. 3. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 4. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Page 3 of 3 Act, Texas Government Code, Chapter 551. 5. This section is a savings clause, which provides that if any section(s) is later found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the remaining provisions of this Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if the offending section or clause never existed. 6. This section is a "Most Favored Nations" clause, which protects the City by mandating that if a Final Order or subsequent agreement approved in any proceeding addressing the issues raised in Atmos' RRM filing results in rates or terms that would be more beneficial to the ACSC Cities than the terms of this tariff, the City may, at its option, implement such more favorable rates or terms. The exercise of this right is contingent upon the City agreeing to adopt the terms of the Final Order or subsequent agreement in toto. 7. This section provides for an effective date upon passage. 8. This paragraph directs that a copy of the signed resolution be sent to a representative of the Company and legal counsel for ACSC. Approved By Initial Date Department Director CE 8-18-08 City Manager in la 1 1U<g ORDINANCE NO. 2008-39 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of Wylie, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "the Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of more than 150 similarly situated cities served by Atmos Mid-Tex that have joined together to facilitate the review and response to natural gas issues affecting rates charged in the Atmos Mid-Tex service area (such participating cities are referred to herein as "ACSC Cities"); and WHEREAS, Atmos and ACSC Cities have been in continuing disagreement, dispute, and litigation over the implementation of GRIP surcharges pursuant to Section 104.301 of the Texas Utilities Code; and WHEREAS, as part of the negotiations to resolve Atmos' 2007 rate case, ACSC Cities and the Company worked collaboratively to develop the Rate Review Mechanism ("RRM")tariff that allows for an expedited rate review process controlled by Cities as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, the City took action earlier this year to approve a Settlement Agreement with Atmos Mid-Tex resolving the Company's 2007 rate case and authorizing the RRM Tariff; and WHEREAS, on or about April 14, 2008, Atmos Mid-Tex filed with the City its first application pursuant to the RRM tariff to increase natural gas rates by approximately $33.5 million, such increase to be effective in every municipality that has adopted the RRM tariff within its Mid-Tex Division; and Ordinance No.2008-39 1 Negotiated Resolution Atmos Rate Review Mechanism(RRM) WHEREAS, ACSC Cities coordinated its review of Atmos' RRM filing and designated a Negotiation Committee made up of ACSC representatives and assisted by ACSC attorneys and consultants to resolve issues identified by ACSC in the Company's RRM filing; and WHEREAS, the Company has filed evidence that existing rates are unreasonable and should be changed; and WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos is able to justify a rate increase of$19.8 million; and WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and consultants, recommends ACSC members approve the attached rate tariffs ("Attachment A" to this Ordinance) that will increase the Company's revenue requirement by $20 million; and WHEREAS, the attached tariffs implementing new rates and Atmos' Proof of Revenues ("Attachment B" to this Ordinance) are consistent with the negotiated resolution reached by ACSC Cities (including but not limited to a reduction of the residential customer monthly charge to $7.00 per month) and are just, reasonable, and in the public interest; and WHEREAS, it is the intention of the parties that ACSC Cities receive the benefit of any Settlement Agreement that Atmos enters into with other entities arising out of its RRM or any associated appeals of a decision entered by the Railroad Commission regarding the Company's request to increase rates. The ACSC Cities' acknowledge that the exercise of this right is conditioned upon the ACSC Cities' acceptance of all rates, revenues,terms and conditions of any other Settlement Agreement or associated appeals arising out of the Company's RRM filing in toto; and WHEREAS, the negotiated resolution of the Company's RRM filing and the resulting rates are, as a whole, is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That the City Council finds that the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable and new tariffs and Atmos' proof of revenues, which are attached hereto and incorporated herein as Attachments A and B, are just and reasonable and are hereby adopted. Section 3. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 4. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Ordinance No.2008-39 2 Negotiated Resolution Atmos Rate Review Mechanism(RRM) Section 5. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 6. That if ACSC Cities determine any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in Atmos' RRM filing would be more beneficial to the ACSC Cities than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the ACSC Cities. Exercise of this right is conditioned upon ACSC Cities' acceptance of all rates, revenues, terms and conditions of any other Settlement Agreement or associated appeals arising out of the Company's RRM filing in toto. Section 7. That this Ordinance shall become effective from and after its passage with rates authorized by attached Tariffs to be effective for customer bills delivered on or after October 1, 2008. Section 8. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of David Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 26th day of August, 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary APPROVED AS TO FORM: City Attorney Ordinance No.2008-39 3 Negotiated Resolution Atmos Rate Review Mechanism(RRM) ATTACHMENT A ATMOS ENERGY CORPORATION RRC TARIFF NO: 19843 MID-TEX DIVISION REVISION NO: 0 RATE SCHEDULE: R—RESIDENTIAL SALES APPLICABLE TO: Entire Division(except Environs areas and the City of Dallas) EFFECTIVE DATE: 10/01/2008 PAGE: 23 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 7.00 per month Commodity Charge—All Mcf $2.2410 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a)and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Commodity Charge includes an amount calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Franchise Fees are to be assessed solely to customers within municipal limits. This does not apply to Environs Customers. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION RRC TARIFF NO: 19844 MID-TEX DIVISION REVISION NO: 0 RATE SCHEDULE: C—COMMERCIAL SALES APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTIVE DATE: 10/01/2008 PAGE: 24 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 13.50 per month Commodity Charge-All Mcf $ 0.9809 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Commodity Charge includes an amount calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Franchise Fees are to be assessed solely to customers within municipal limits. This does not apply to Environs Customers. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION RRC TARIFF NO: 19842 MID-TEX DIVISION REVISION NO: 0 RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTIVE DATE: 10/01/2008 PAGE: 25 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $425.00 per month First 0 MMBtu to 1,500 MMBtu $0.2733 per MMBtu Next 3,500 MMBtu $0.1993 per MMBtu All MMBtu over 5,000 MMBtu $0.0427 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Rate Review Mechanism: Commodity Charge includes an amount calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Franchise Fees are to be assessed solely to customers within municipal limits. This does not apply to Environs Customers. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION RRC TARIFF NO: 19842 MID-TEX DIVISION REVISION NO: 0 RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTIVE DATE: 10/01/2008 PAGE: 26 Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION RRC TARIFF NO: 19845 MID-TEX DIVISION REVISION NO: 0 RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTIVE DATE: 10/01/2008 PAGE: 27 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $425.00 per month First 0 MMBtu to 1,500 MMBtu $0.2733 per MMBtu Next 3,500 MMBtu $0.1993 per MMBtu All MMBtu over 5,000 MMBtu $0.0427 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part(b) of Rider GCR. Rate Review Mechanism: Commodity Charge includes an amount calculated in accordance with Rider RRM. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Franchise Fees are to be assessed solely to customers within municipal limits. This does not apply to Environs Customers. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION RRC TARIFF NO: 19845 MID-TEX DIVISION REVISION NO: 0 RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTIVE DATE: 10/01/2008 PAGE: 28 Monthly Imbalance Fees Customer shall pay Company the greater of(i) $0.10 per MMBtu, or(ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10%of Customer's receipt quantities for the month. Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled"Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: GCR—GAS COST RECOVERY APPLICABLE TO: Entire Division EFFECTIVE DATE: 10/01/2008 PAGE: 40 Applicable to Rate R, Rate C, and Rate I for all gas sales made by Company, and applicable to Rate R, Rate C, Rate I, and Rate T for recovery of Pipeline System costs. The total gas cost recovery amount due is determined by adding the gas cost calculated in Section (a) below and the pipeline cost calculated in Section (b) below. The amount due for gas cost(Section (a)) is determined by multiplying the Gas Cost Recovery Factor (GCRF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on a Mcf basis. For Customers receiving service under Rate I, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover actual gas costs. The amount due for pipeline cost(Section (b)) is determined by multiplying the Pipeline Cost Factor (PCF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on an Mcf basis. For Customers receiving service under Rate I and Rate T, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover actual gas costs. (a)Gas Cost Method of Calculation The monthly gas cost adjustment is calculated by the application of a Gas Cost Recovery Factor(GCRF), as determined with the following formula: GCRF= Estimated Gas Cost Factor(EGCF) + Reconciliation Factor(RF)+Taxes (TXS) EGCF = Estimated cost of gas, including lost and unaccounted for gas attributed to residential, commercial, and industrial sales, and any reconciliation balance of unrecovered gas costs, divided by the estimated total residential, commercial, and industrial sales. Lost and unaccounted for gas is limited to 5%. RF =Calculated by dividing the difference between the Actual Gas Cost Incurred, inclusive of interest over the preceding twelve-month period ended June 30 and the Actual Gas Cost Billed over that same twelve-month period by the estimated total residential, commercial, and industrial sales for the succeeding October through June billing months. The interest rate to be used is the annual interest rate published by the PUC every December. The interest rate of 2008 is 4.69%. Actual Gas Cost Incurred = The sum of the costs booked in Atmos Energy Corp., Mid-Tex Division account numbers 800 through 813 and 858 of the FERC Uniform System of Accounts, including the net impact of injecting and withdrawing gas from storage. Also includes a credit or debit for any out-of-period adjustments or unusual or nonrecurring costs typically considered gas costs and a credit for amounts received as Imbalance Fees or Curtailment Overpull Fees. Actual Gas Cost Billed = EGCF multiplied by the monthly volumes billed to Residential, Commercial and Industrial Sales customers, less the total amount of gas cost determined to have been uncollectible and written off which remain unpaid for each month of the reconciliation period. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: GCR—GAS COST RECOVERY APPLICABLE TO: Entire Division EFFECTIVE DATE: 10/01/2008 PAGE: 41 Any amount remaining in the reconciliation balance after the conclusion of the period of amortization will be maintained in the reconciliation balance and included in the collection of the next RF. Atmos Energy shall file annual reports with the Commission, providing by month the following amounts: Gas Cost Written Off. Margin Written Off, Tax and Other Written Off, Total Written Off, Gas Cost Collected and Margin Collected. TXS =Any statutorily imposed assessments or taxes applicable to the purchase of gas divided by the estimated total residential, commercial, and industrial sales. ADJ =Any surcharge or refund ordered by a regulatory authority, inclusive of interest, divided by the estimated total residential, commercial, and industrial sales is to be included as a separate line item surcharge. (b) Pipeline Cost Method of Calculation Each month, a Pipeline Cost Factor(PCF) is calculated separately for each Pipeline Cost Rate Class listed below. The formula for the PCF is: PCF = PP/S, where: PP= (P -A)x D, where: P= Estimated monthly cost of pipeline service calculated pursuant to Rate CGS D= Pipeline service allocation factor for the rate class as approved in the Company's most recent rate case, as follows: Pipeline Cost Rate Class Allocation Factor(D) Rate R -Residential Service .634698 Rate C -Commercial Service .302824 Rate I - Industrial Service and Rate T-Transportation Service I .062478 A=Adjustment applied in the current month to correct for the difference between the actual and estimated pipeline cost revenue of the second preceding month, calculated by the formula: A= R- (C -A2), where: R =Actual revenue received from the application of the PP component in the second preceding month. C =Actual pipeline costs for the second preceding month. A2 =The adjustment(A) applied to the PP component in the second preceding month. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: GCR—GAS COST RECOVERY APPLICABLE TO: Entire Division EFFECTIVE DATE: 10/01/2008 PAGE: 42 S= Estimated Mcf or MMBtu for the rate class for the current billing month. The PCF is calculated to the nearest 0.0001 cent. The Pipeline Cost to be billed is determined by multiplying the Mcf or MMBtu used by the appropriate PCF. The Pipeline Cost is determined to the nearest whole cent. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: CEE—CONSERVATION & ENERGY EFFICIENCY APPLICABLE TO: Entire Division EFFECTIVE DATE: 10/01/2008 PAGE: 58 Purpose Atmos Energy Mid-Tex is proposing to institute a complete Conservation & Energy Efficiency program which will offer assistance to qualified customer segments in reducing energy consumption and lowering energy utility bills. The proposal is one where Atmos Energy shareholders will fund a percentage of the allowable expenses incurred annually, with a customer rate component providing the remainder of the funding. Following is a high-level, concept summary of the proposal. Atmos Energy Mid-Tex Division proposes to work with the communities it serves to develop the details of a new tariff and programs addressing conservation and energy efficiency. Synopsis: Voucher system to provide free energy savings materials and supplies to qualifying customers of Atmos Mid-Tex. Qualified Customers will receive up to two hundred dollars ($200.00) worth of caulking, weather-stripping, sheathing, sealing, water heater blankets, and like materials, other energy saving devices such as clock-thermostats, set-back devices ("covered items")from approved suppliers/retailers. Company will undertake efforts to enlist support from community groups, including its own Employee Action Program, to assist customers with installation. If it is determined that professional installation capabilities are necessary, the parties will agree on labor assistance amounts. Eligibility Low Income — Low-income rate-payers that qualify for heating bill assistance through LIHEAP agencies and all agencies that distribute Atmos "Share the Warmth" funds. Agencies that allocate assistance funds denote customer as Low Income, a status that lasts for one year. Senior Citizen — Primary account holder can request eligibility through ATM call center or web-site. Customer provides primary SSN which is verified through Social Security Administration. And account holder that is or turns 65 years old in that year becomes eligible. Funding Initial program funding will be at two million dollars ($2,000,000). Atmos Energy shareholders will contribute one million dollars ($1,000,000.00) to this initiative annually with ratepayers providing one million dollars ($1,000,000.00) per year. It is proposed that the program operate on an October 1 through September 30 year, with benefits being capped at the two million dollar level for the initial program period. Administration: A third-party administrator will coordinate qualification of customers, voucher distribution, subsequent verification and reimbursement of eligible expenditures and general program administration. Program administration expenses will be funded from the annual approved budget. Audits will be provided all interested parties within 120 days of the end of each program year to determine effectiveness. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: CEE—CONSERVATION & ENERGY EFFICIENCY APPLICABLE TO: Entire Division EFFECTIVE DATE: 10/01/2008 PAGE: 59 Report Atmos shall file an annual report detailing cost to administer the program with details of the amounts paid out of program for energy conversation assistance. The report shall also detail number of applicants, number rejected and accepted and reason rejected. The report shall be filed with the Gas Service Director. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO: 0 RIDER: FF—FRANCHISE FEE ADJUSTMENT APPLICABLE TO: Entire Division EFFECTIVE DATE: 10/01/2008 PAGE: 43 Application Applicable to Customers inside the corporate limits of an incorporated municipality that imposes a municipal franchise fee upon Company for the Gas Service provided to Customer. Franchise Fees to be assessed solely to customers within the municipal limits. This does not apply to Environs customers. Monthly Adjustment Company will adjust Customer's bill each month in an amount equal to the municipal franchise fees payable for the Gas Service provided to Customer by Company. Municipal franchise fees are determined by each municipality's franchise ordinance. Each municipality's franchise ordinance will specify the percentage and applicability of franchise fees. From time to time, Company will make further adjustments to Customer's bill to account for any over- or under-recovery of municipal franchise fees by Company. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider WNA—Weather Normalization Adjustment APPLICABLE TO: Entire System (except Environs areas REVISION: and the City of Dallas) DATE: EFFECTIVE DATE: 11/01/2008 PAGE: 1 OF 2 RIDER WNA—Weather Normalization Adjustment Provisions for Adjustment The base rate per Mcf(1,000,000 Btu) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential, and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas,Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Mcf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = R. (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Mcf Ri = base rate of temperature sensitive sales for the ith schedule or classification approved by the entity exercising original jurisdiction. HSFi = heat sensitive factor for the ith schedule or classification calculated as the slope of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification calculated as the y- intercept of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA;= WNAF; x q;j ATTACHMENT A TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: Rate WNA—Weather Normalization Adjustment APPLICABLE TO: Entire System (except Environs areas REVISION: and the City of Dallas) DATE: EFFECTIVE DATE: 11/01/2008 PAGE: 2 OF 2 Where q;1 is the relevant sales quantity for the jth customer in ith rate schedule. Filings with Entities Exercising Original Jurisdiction As part of its annual RRM filing the Company will file (a)a copy of each computation of the Weather Normalization Adjustment Factor, (b)a schedule showing the effective date of each such Weather Normalization Adjustment, (c) a schedule showing the factors of values used in calculating such Weather Normalization Adjustment and (d)a random sample and audit of thirty(30) actual customer bills, with customer information deleted, for each rate schedule or classification to which the WNA was applied in the preceding 12 month period. To the extent that source data is needed to audit the WNA application, such data will be provided by the Company as part of the annual RRM ding. If the RRM is discontinued, as provided in the Rider RRM tariff, the information required herein to be filed with the entities exercising original jurisdiction shall be filed on March 1 of each year. Base Use/Heat Sensitivity (HSF) Factors Residential Commercial Base use HSF Base use HSF Weather Station Mcf Mcf/HDD Mcf Mcf/HDD Abilene 1.27 .0130 10.93 .0638 Austin 1.29 I .0133 18.47 .0641 Dallas 1.79 .0186 20.83 .0878 Waco 1.30 .0141 11.41 .0617 Wichita 1.35 .0143 11.62 .0540 Falls Sample WNAFJ Calculation: (.0131 x (30-17) ) .1533 per Mcf = 1.2267 x (1.14 + (.0131 x 17) ) Where i = Residential Single Block Rate Schedule Ri = 1.2267 per MCF (Rate R - Final Order GUD No. 9670) HSFi = .0131 (Residential -Abilene Area) NDD = 30 HDD (Simple ten-year average of Actual HDD for Abilene Area—9/15/06 — 10/14/06) ADD = 17 HDD (Actual HDD for Abilene Area—9/15/06— 10/14/06) BLi = 1.14 Mcf(Residential-Abilene Area) ATTACHMENT B ATMOS ENERGY CORP., MID-TEX DIVISION SUMMARY PROOF OF REVENUE AT PROPOSED RATES TEST YEAR ENDING DECEMBER 31, 2007 Line Description Total Reference (a) (b) (c) Rate R 1 Rate Characteristics: RRM Settlement Agreement, 2 Customer Charge $7.00 Pg 2, Item 5 3 4 Consumption Charge ($/Mcf) $2.1600 Settlement Allocation 5 2007 RRM True-up ($/Mcf) $0.0810 Settlement Allocation 6 Rider GCR Part A $8.1244 Schedule H 7 Rider GCR Part B $0.6243 Schedule I 8 9 Billing Units (1): 10 Bills 17,069,679 WP_J-1.1 11 Total MCF 78,708,921 WP_J-1.1 12 13 Proposed Revenue: 14 Customer Charge $ 119,487,753 15 Consumption Charge 176,385,175 16 Base Revenue $ 295,872,928 17 Rider GCR Part A 639,460,135 18 Rider GCR Part B 49,140,231 19 Subtotal $ 984,473,295 20 Revenue Related Taxes 59,244,614 21 22 Total Proposed Revenue- Rate R $ 1,043,717,909 23 24 Note 1: See Billing Determinants Study for details. ATTACHMENT B ATMOS ENERGY CORP., MID-TEX DIVISION SUMMARY PROOF OF REVENUE AT PROPOSED RATES TEST YEAR ENDING DECEMBER 31, 2007 Line Description Total Reference (a) (b) (c) Rate C 1 Rate Characteristics: RRM Settlement Agreement, 2 Customer Charge $13.50 Pg 2, Item 5 3 4 Consumption Charge ($/Mcf) $0.9442 Settlement Allocation 5 2007 RRM True-up ($/Mcf) $0.0367 Settlement Allocation 6 Rider GCR Part A $8.1244 Schedule H 7 Rider GCR Part B $0.5228 Schedule I 8 9 Billing Units (1): 10 Bills 1,434,516 WP_J-1.2 11 Total MCF 50,233,642 WP_J-1.2 12 13 Proposed Revenue: 14 Customer Charge $ 19,365,966 15 Consumption Charge 49,273,373 16 Base Revenue $ 68,639,339 17 Rider GCR Part A 408,116,524 18 Rider GCR Part B 26,261,046 19 Subtotal $ 503,016,909 20 Revenue Related Taxes 30,271,052 21 22 Total Proposed Revenue- Rate C $ 533,287,962 23 24 Note 1: See Billing Determinants Study for details. ATTACHMENT B ATMOS ENERGY CORP., MID-TEX DIVISION SUMMARY PROOF OF REVENUE AT PROPOSED RATES TEST YEAR ENDING DECEMBER 31, 2007 Line Description Total Reference (a) (b) (c) Rate I &T 1 Rate Characteristics: 2 Customer Charge $ 425.00 Settlement Allocation 3 4 Block 1 ($/MMBTU) $0.2352 Settlement Allocation 5 Block 2 ($/MMBTU) $0.1715 Settlement Allocation 6 Block 3 ($/MMBTU) $0.0367 Settlement Allocation 7 2007 RRM True-up ($/MMBTU): Settlement Allocation 8 Block 1 ($/MMBTU) $0.0381 9 Block 2 ($/MMBTU) $0.0278 10 Block 3 ($/MMBTU) $0.0060 11 Rider GCR Part A $8.1244 Schedule H 12 Rider GCR Part B $0.2938 Schedule I 13 14 Consumption Characteristics: 15 Block 1 (First 1,500 MMBTU) 0.23502 (1) 16 Block 2 (Next 3,500 MMBTU ) 0.26655 (1) 17 Block 3 (Over 5,000 MMBTU ) 0.49843 (1) 18 19 Billing Units (1): 20 Bills 10,052 WPJ-1 21 Block 1 9,522,217 WP_J-1 22 Block 2 10,799,921 WP_J-1 23 Block 3 20,195,218 WP_J-1 24 Total MMBTU 40,517,356 25 26 Sales Volumes 2,331,063 WP_J-1 27 28 Proposed Revenue: 29 Customer Charge $ 4,272,100 30 Block 1 2,602,422 31 Block 2 2,152,424 32 Block 3 862,336 33 Base Revenue $ 9,889,282 34 Rider GCR Part A 18,494,542 35 Rider GCR Part B 11,902,411 36 Subtotal $ 40,286,235 37 Revenue Related Taxes 2,424,385 38 39 Total Proposed Revenue- Rate l&T $ 42,710,620 40 41 Note 1: See Billing Determinants Study for details. Rate Review Mechanism Fact Sheet *The Rate Review Mechanism (RRM) was created as part of a collaborative agreement between ACSC and Atmos. It replaces the unworkable and contentious Gas Reliability Infrastructure Program (GRIP) surcharge process. *The RRM authorizes cities to meaningfully review and dispute the company's annual rate filings in an expedited rate proceeding at the city level. This authority was lacking under the GRIP process. *The RRM will function as a substitute for future GRIP filings during the three-year trial period. *The RRM permits the Company to seek an annual review of its revenues, estimated cost of operations, and capital investments. In most cases, the company cannot seek rate adjustments greater than 5 percent. The Company must provide evidence as part of the annual review process that Cities can assess and, if necessary, challenge. *The RRM process allows Atmos to seek a surcharge from ratepayers if its anticipated expenses exceed its anticipated revenues for a 12 month period. However, if the Company's revenues exceed its authorized rate of return, it must issue refunds. Costs Expressly Prohibited from Recovery Under the RRM: First class air-fare, travel, meals or entertainment for employee's spouse, alcohol, sports events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and social club membership dues. The RRM is applicable only to the Company's base rates - the cost of delivering natural gas to customers. The commodity price of natural gas is a pass-through cost to customers that can change monthly based upon the price of natural gas. Process for RRM Filing: Cities have 90 days to review the Company's RRM filing. After the 90-day "Review Period," the 30-day "Response Period" allows Cities to work with the Company regarding issues identified by the city during the Review Period. Atmos Mid-Tex' first RRM was made April 14, 2008. In subsequent years, Atmos will make its RRM filing with Cities on or after April 1st of each year. (The filing date is referred to as the "Annual Evaluation Date" in the tariff) The City and the Company commit to act collaboratively during this process. However, if Cities and the Company cannot come to agreement at the end of the Response Period, the Company may appeal a city's action or inaction on the RRM to the Railroad Commission. Lloyd 816 Congress Avenue,Suite 1900 1 Austin,Texas 78701 Gosselink Telephone: (512) 32 5800 it (512)472-0532 >1121:111121 ATTORNEYS AT LAW www.lglawfirm.com Ms.Doyle's Direct Line: (512)322-5820 Email: kdoyle@Iglawfirm.com MEMORANDUM TO: Atmos City Steering Committee (ACSC) Members FROM: Geoffrey Gay Kristen Doyle DATE: August 13, 2008 RE: FINAL ACTION BY OCTOBER 1sT—Atmos RRM Settlement The ACSC Settlement Committee (Jay Doegey — Arlington, Danny Reed — Fort Worth, Mark Israelson—Plano, Don Wilson—Eastland, Cathy Cunningham—various ACSC cities, Phil Boyd—Lewisville, Rodney Adams—Irving), with the advice and input of ACSC consultants and lawyers, has worked to resolve the Company's pending $33.5 million Rate Review Mechanism ("RRM") rate increase request without the necessity of a protracted and costly contested case proceeding. The attached tariff that reflects rates that will increase Atmos' revenues by $20 million. The negotiated result represents a 35 percent reduction in Atmos' requested rate increase. The monthly bill impact for an average residential customers is $0.81. The RRM process was created by Atmos and ACSC to eliminate the piecemeal ratemaking GRIP process in favor of an expedited rate review controlled by cities The Company's filing is the first filing pursuant to the agreed RRM process. The ACSC Executive Committee recommends approval of the negotiated resolution because it represents an outcome that is equal to or better than the outcome expected from a lengthy contested case proceeding, and maintains cities' role as a regulator of natural gas rates. Please schedule consideration of the ordinance for your next available council meeting. Final council action to approve the ordinance must take place by October 1st. To assist you, several documents are attached: • An ordinance setting new rates. The approved Ordinance should include the attached Tariff ("Attachment A" to the Ordinance) and Proof of Revenues ("Attachment B") • A model staff report • An explanation of key provisions of the RRM tariff and filing Please contact Kristen (512/322-5820, kdoyle@lglawfirm.com) immediately if your city is unable to meet the October 1st deadline for final action. Once final action has been taken by your city, please forward a copy of the ordinance to Atmos Mid-Tex and to our paralegal, Gary Stiffler(fax number: 512/472-0532, gttiffler@lglawfirm.com). Lloyd Gosselink Rochelle & Townsend, P.C. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 26, 2008 Item Number: 6 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: Date Prepared: August 15, 2008 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2008-35(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to Springwell Parkway. Recommendation Motion to approve Resolution No. 2008-35(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to Springwell Parkway. Discussion The construction of Springwell Parkway south of FM 544 has recently started. One parcel of right of way at the intersection of FM 544 remains to be acquired. The parcel is approximately 33,662 square feet. Approval of the Resolution authorizes the City Manager to proceed with the acquisition of the remaining parcel by purchase or condemnation. Approved By Initial Date Department Director CH 8/15/08 cJ City Manager Page 1 of 1 RESOLUTION NO. 2008-35(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE, BY PURCHASE OR CONDEMNATION, CERTAIN PROPERTIES FOR THE RIGHT-OF-WAY AND/OR RELATED EASEMENTS FOR THE CONSTRUCTION OF AND/OR IMPROVEMENTS TO SPRINGWELL PARKWAY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTIES FOR RIGHT-OF-WAY AND/OR RELATED EASEMENTS FOR THE SPRINGWELL PARKWAY PROJECT; AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO ESTABLISH PROCEDURES FOR ACQUIRING THE PROPERTIES, BY PURCHASE OR CONDEMNATION; APPROPRIATING FUNDS; MAKING OFFERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), investigated and determined that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, of right-of-way and/or related easements on each of the parcels of properties described in Exhibit "A", attached hereto and made a part of this Resolution for all purposes (the "Property"), and it is the City of Wylie, Texas' ("Wylie") intent to acquire, by purchase or condemnation, the necessary right-of-way and/or easements on the Property for the purpose of, among other things, the construction, access, repair and maintenance of public facilities, specifically, the right-of-way and/or related easements for the construction of and/or improvements to Springwell Parkway (hereinafter referred to as the "Project") for the purposes of, among other things, paving and drainage improvements. WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for the right-of-way to be acquired for the Project. NOW, THEREFORE, BE IT RESOLVED 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 Resolution as if fully set forth herein. SECTION 2: Acquisition of Property. The City Council hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition of the Properties, and it is Wylie's intent to acquire, by purchase or condemnation, the Property described in Exhibit"A" attached hereto, for the Project. Resolution Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Page 1 509203-1 SECTION 3: Authority of the City Manager. The City Manager is hereby authorized to contract, on behalf of the City Council, with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with acquiring the Property for the Project. The City Council hereby ratifies any contracts entered into, prior to the effective date of this Resolution, by the City Manager with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed for the acquisition of the Property made the subject of this Resolution. SECTION 4: Determination of Just Compensation. The City Manager, or her designee, is hereby authorized and directed to examine and rely on the independent appraisal reports, and other information, in establishing and approving the fair market value offer and the just compensation for said right-of-way and/or easements. After consideration of said information, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of the right-of-way and/or easements. SECTION 5: Authority to Make an Offer. Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Properties, the City Manager, or her designee, is authorized to send a written offer to the owner(s) of said Property, along with a copy of the Landowner's Bill of Rights, for acquisition of said right-of-way and/or easements at the full amount determined and established to be just compensation for each parcel, and to negotiate with said owner(s) on behalf of Wylie. SECTION 6: Authority to Execute Documents. The City Manager is hereby authorized, on behalf of Wylie, to execute all documents necessary to acquire, by purchase or condemnation, each of the parcels needed for the Project. SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell such surplus improvements, if any, located on the right-of-way acquired in connection with this Project, should they interfere with use and enjoyment of the right-of-way. SECTION 8: Source of Funds. The amount to be paid, if any, for acquiring the right-of- way and/or easements for the construction of and/or improvements to Springwell Parkway will be appropriated from the Thoroughfare Impact Fee Fund. SECTION 9: Condemnation Authorized. Should the City Manager be unable to acquire the right-of-way and/or easements by purchasing same, the City Manager is authorized to instruct the law firm of Abernathy, Roeder, Boyd & Joplin P.C. to commence condemnation proceedings for the acquisition of the right-of-way and/or easements for the Project. SECTION 10: Effective Date. This Resolution shall take effect immediately from and after its passage. Resolution No.2008-35 Resolution Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Page 2 509203-1 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 26th day of August 2008. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Abernathy, Roeder, Boyd &Joplin, P.C. Rebecca Brewer City Attorneys Date of publication in The Wylie News—September 3,2008 Resolution No.2008-35 Resolution Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Page 3 509203-1 EXHIBIT "A" RIGHT-OF-WAY FOR SPRINGWELL PARKWAY 0.7728 ACRES W.M. SACHSE SURVEY, ABSTRACT NO. 835 CITY OF WYLIE, COLLIN COUNTY, TEXAS BEING a 0.7728 acre tract of land situated in the W.M.Sachse Survey,Abstract No.835,in the City of Wylie, Collin County,Texas,and being part of Lot 1, Block A of Jacobs Addition, an addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet F, Page 369 of the Map Records of Collin County, Texas, as described in deed to Alpay Living Trust of October 18, 1996, recorded in Instrument No. 20060208000171930 of the Official Public Records of Collin County,Texas,and being more particularly described as follows: BEGINNING at a 5/8-inch iron rod found with cap in the south line F.M. Highway No. 544, and the northwest corner of said Lot 1, Block A, THENCE South 89°51'58"East, along said south line F.M. Highway No. 544, and the north line of said Lot 1, Block A, a distance of 126.06 feet to a point for corner; THENCE South 00°18'25"West, leaving the south line of F.M. Highway No.544,across said Lot 1,a distance of 17.24 feet to a point at the beginning of a curve to the right; THENCE along said curve to the right,through a central angle of 27°16'45", having a radius of 540.00 feet, and a chord bearing and distance of South 13°56'48"West, 254.68 feet, an arc length of 257.10 feet to a point for the end of the curve and the beginning of a reverse curve to the left; THENCE along said curve to the left,through a central angle of 27°27'21", having a radius of 368.84 feet, and a chord bearing and distance of South 13°42'40"West, 175.06 feet, an arc length of 176.75 feet to a point in the south line of said Lot 1; THENCE North 89°50'04"West, along the south line of said Lot 1,a distance of 18.98 feet to 5/8-inch iron rod o found at the southwest corner of said Lot 1; THENCE North 00°32'32"West, along the west line of said Lot 1,a distance of 434.74 feet to the POINT OF BEGINNING and containing 0.7728 acres(33,662 Square Feet)of land. tr, Bearing system on the State Plane Coordinate System, North Central Texas Zone per the City of Wylie Geodetic Survey Marker. ', L• � OF L � 1 i.P •v., Ci JOHN VICAIN ,a 4097 S URA 2.'5.Q8 L. a=u Page 1 of 3 .4%*\ EXHIBIT "A" RIGHT-OF-WAY FOR SPRINGWELL PARKWAY 0.7728 ACRES W.M. SACHSE SURVEY, ABSTRACT NO. 835 CITY OF WYLIE, COLLIN COUNTY, TEXAS NOTES: 1.) This survey has been prepared with the use of the Commitment for Title Insurance issued by Commonwealth LandTitlelnsurance Company, G.F. No. 2232002414, bearing an effective date of November 7,2007. 10 d.)Easement to Texas Power& Light Company, recorded in Volume 397, Page 20 of the Deed Records of Collin County,Texas, does appears to affect this tract as shown hereon. e.) Easement to Texas Power&Light Company, recorded in Volume 911, Page 289 of the Deed Records of Collin County, Texas and as shown on plat recorded in Volume F, Page 369 of the Map Records of Collin County, Texas, does appears to affect this tract as shown hereon. f.) Intentionlly deleted. g.)Easement to CoServ, recorded in Volume 4584, Page 2450 of the Land Records of Collin County, Texas, does appears to affect this tract as shown hereon. h.) Easement to CoServ, recorded in Volume 4584, Page 2454 of the Deed Records of Collin County,Texas, does appears to affect this tract as shown hereon. i.) The following, all according to plat recorded in Volume F, Page 369 of the Map Records of Collin County,Texas Twenty-foot building line along the north and east property lines. a -, N O L ti. . OF 7- . GAS reRF ` t, E t • JOHN VICAIN • ci • ,0 409/ �13 SURD as Page 3 of 3 ran =I,rra EXHIBIT "B" RIGHT-OF-WAY FOR SPRINGWELL PARKWAY 0.7728 ACRES W.M. SACHSE SURVEY, ABSTRACT NO. 835 CITY OF WYLIE, COLLIN COUNTY, TEXAS F.M. HIGHWAY No. 544 (120-FOOT WIDE PUBLIC RIGHT-OF-WAY) 15' X15' CoSery J ` CENTERUNE I Easement " S 89 51 58' E Texas Power & Light Co. Easement Vol. 4584, Pg. 2450 isle•'RFC \ 126.06' �l Vol. 397, Pg. 20 CONa AI,,,f Lee,,_ _t 20' Building Line r Vol. f, P2.369 , 1 S 00'18'25' W 17.2 5/.IRF I —27'16'45" 1 POINT OF R=540.00' BEGINNING I L=257.10' 1 IN CB=S13'56'48"W 3 CL=254.68' r 1ti 10' CoSery Esmt I ' d, Z Vol. 4584, Pg. 24541 LOT 1 O k z PROPOSED 60' WIDE--1 r: 1 ACCESS EASEMENT 0.7728 ACRES Z a (33,662 SQ. FT.) • N JACOBS ADDITION j. w'ck ��d�� M7 CAB. F, PG. 369 o �Q���� �® ffiSJ M.R.C.GT. I$ We sTIOC 0 OF OCTOBERALPAY �B,TRUST996 a G^`� Z CAB. F, PG. 369 M.R.C.C.T. 10' T.P. & L. ESMT.J 1 VOL.911, PG. 289 A=2 7 2 7'21" 10' T.P. & L. ESMT. O.R.C.C.T. R=368.84' VOL.911, PG. 289 I v D.R.C.C.T. 1 L=176.75' REMAINDER OF CALLED CB=S13'42'40"W I N 111.848 ACRES (TRACT II) IONA H. INGRAM CL=175.06' VOL. 826, PG. 579 5/8'fRF D.R.C.C.T. 5 q� - N 89'50'04" W 1 18.98' ARTHUR P. WILLIS 15' CoSERV GAS. & FARMERS J " 2.000 ACRES I ELEC. CO—OP ESMT. VOL. 1849, PG. 51 VOL. 4887, PG. 1739 L.R.C.C.T. a L.R.C.C.T. I c a E Bearing system on the State Plane I a Coordinate System, North Central OF • N Texas Zone per the City of Wylie Geodetic Survey Marker. �.. isT ' .' LEGEND: E :; * ;;;,• W E IRFC = IRON ROD FOUNL WITH CAP IRSC = IRON ROD SET VI'TH "KHA" CAP JOHN VICAIN VOL. = Volume £ , S PG. = Page -.D, :. ,0 4097 �,f L.R.C.C.T. = LAND RECORDS `•.7.QO _ _ 1 inch - 100 ft. 9 ••.FESS\�•POD OF COLLIN COUNTY, TEXAS O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS :'k tiQ S U R v s.0 OF COLLIN COUNTY, TEX1S 2 Page 2 of 3 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 08/26/08 Item Number: 7 Department: Police Department (City Secretary's Use Only) Prepared By: Chief John Duscio Account Code: Date Prepared: August 18, 2008 Budgeted Amount: Exhibits: MOU Subject Consider, and act upon, authorizing the City Manager to approve the Memorandum of Understanding (MOU) between the City of Wylie and the Wylie Independent School District to provide Law Enforcement services for the school district. Recommendation A motion authorizing the City Manager to approve the Memorandum of Understanding (MOU) between the City of Wylie and the Wylie Independent School District to provide Law Enforcement Services for the school district. Discussion We are currently operating under a Memorandum of Understanding (MOU) that was created in 2001. The MOU is outdated and generic and has not been updated to include the new campuses and use of certain WISD technologies. The new MOU is more specific to roles and responsibilities and has been approved by the WISD board of trustees. Staff is recommending approval of the new MOU Approved By Initial Date Department Director JD 08/18/08 City Manager IT g (\A gal0 Page 1 of 1 MEMORANDUM OF UNDERSTANDING (MOU) This Memorandum of Understanding (MOU) is being executed by the below listed entities: Wylie Independent School District (WISD) City of Wylie Police Department (WPD) Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation, which exists between the participating entities, listed above. I. TERM OF AGREEMENT The term of the agreement shall be for a period of one year beginning August 1, 2008 and ending July 31, 2009. Subject to the availability of funds, this agreement may be renewed for subsequent fiscal years if WISD provides the CITY with written intent of their desire to renew no later than June 30 preceding the fiscal year, and if the City provides WISD with written acceptance. Renewals of this agreement shall be at the then current actual costs for the officers. II. Purpose This MOU establishes and delineates the mission of the School Resource Officer Program, herein referred to as the SRO Program, as a joint cooperative effort. Additionally, the MOU formalizes relationships between the participating entities in order to foster an efficient and cohesive program that will build a positive relationship between Police Officers and the youth of our community in addition to reducing crime committed by juveniles and young adults. III. Mission The mission of the SRO Program is the reduction and prevention of school-related violence and crime committed by juveniles and young adults. This is accomplished by assigning Police Officers to school facilities on a permanent basis. The SRO Program accomplishes this mission by creating and maintaining safe, secure and orderly learning environments for students, teachers and staff. The SRO will establish a trusting channel of communication with students, parents, and teachers. SRO's will serve as a positive role model to instill in student's good moral standards, good judgment and discretion, respect for other student's, and a sincere concern for the school community. SRO's will promote citizen awareness of the law to enable students to become better informed and effective citizens, while empowering students with the knowledge of law enforcement efforts and obligations regarding enforcement as well as consequences for violations of the law. SRO's will serve as a confidential source of counseling for students and parents concerning problems they face as well as providing information on community resources available to them. Goals and objectives are designed to develop and enhance rapport between youth, police officers, and school administrators. A. Goals of the SRO Program are: 1) Reduce incidents of school violence 2) Reduction of criminal offenses committed by juveniles and young adults. 3) Establish rapport with the students. 4) Establish rapport with parents, faculty, staff, administrators, and other adults. 5) Create, start, and expand programs with vision and creativity to increase student participation, which will benefit the students, school district, police department, and the community. 6) Provide safety for students, faculty, staff, and all persons involved with the school district. IV. Organizational Structure A. Composition The SRO Program will consist of full time Wylie Police Department Personnel that are certified Peace Officers for the State of Texas and meet all requirements as set forth by City of Wylie Police Department Rules and Regulations. B. Supervision The day-to-day operation and administrative control of the SRO Program will be the responsibility of the City of Wylie Police Department. Responsibility for the conduct of SRO Personnel, both personally and professionally, shall remain with the City of Wylie Police Department. SRO's report directly to the SRO Sergeant. V. Procedures A. Concept The SRO Program shall utilize the SRO Triad concept as set forth by NASRO (National Association of School Resource Officers, which is attached hereto and incorporated herein by reference). The SRO Triad concept generally means that the officers assigned to the program are Law Enforcement Officers, Counselors, and Teachers. SRO's are first and foremost Law Enforcement Officers for the City of Wylie Police Department. SRO's shall be responsible for carrying out all duties and responsibilities as a police officer and shall remain at all times under the control, through the chain of command, of the Wylie Police Department. All acts of commission or omission shall conform to the guidelines of the Wylie Police Department General Orders Manual. SRO's must realize that they are enforcement officers in regards to CRIMINAL matters only. SRO's can not enforce any "school or house rule." SRO's are not school disciplinarians and should not assume this role. SRO's report directly to the SRO Sergeant in connection with teaching assignments and normal law enforcement duties. SRO's will not involve themselves in administrative matters of the WISD, which are not criminal offenses. SRO's are not formal counselors, and will not act as such, however, they are to be used as a resource to assist students, faculty, staff, and all persons involved with the school district. SRO's are to be used as teachers. SRO's can teach a variety of subjects to students and staff ranging from alcohol and drug education to formalized academy classes. SRO's use teaching to build rapport between the students and the staff. B. Selection When a SRO position becomes available, notice will be given to all sworn employees through regular postings. Interested persons shall submit a memo to the office of the Chief of Police. The officer will then be interviewed by a board consisting of police department personnel and school district employees with the final selection being made by the Chief of Police. The SRO Sergeant will make SRO assignments for a school year with an annual review. Selection criteria will include but will not be limited to: 1) Oral Presentation 2) Performance Reports 3) Experience 4) Interpersonal skills C. Duties and Responsibilities Basic responsibilities of the SRO will include but will not be limited to: 1) To enforce criminal law and protect the students, staff, and public at large against criminal activity. 2) Provide information concerning questions about law enforcement topics to students and staff 3) Provide classroom instruction on a variety of topics including, but not limited to, narcotics, safety, public relations, occupational training, leadership, and life skills. 4) Coordinate investigative procedures between police and school administrators. 5) Provide counseling on a limited basis to students, staff, and faculty. 6) Handle initial police reports of crimes committed on campus. 7) Take enforcement action on criminal matters when appropriate. 8) Wear an approved police uniform at all times or other apparel approved by the City of Wylie Police Department and agreed to by WISD. 9) Attend school special events as needed. 10) Prepare lesson plans as necessary for the instruction provided. Basic responsibilities of the SRO Sergeant will include but will not be limited to: 1) Serve as the liaison between WISD, campus administrators, and the Wylie Police Department. 2) Coordinate work assignments of the SRO's between various campuses. 3) Coordinate scheduling and work hours of the SRO's. (Vacation requests, sick leave, rescheduled time, etc.) 4) Approve police reports written by the SRO's for school related offenses at their campuses. 5) Ensure SRO compliance of the police department's general orders. 6) Take enforcement action on criminal matters when appropriate. D. Enforcement Although SRO's have been placed in a formal educational environment, they are not relieved of the official duties as an enforcement officer. Decisions to intervene normally will be made when it is necessary to prevent any criminal act. Citations should be issued and arrests made when appropriate and in accordance with department policy. WPD shall have the final authority in all criminal matters in which SRO's become involved as directed by department policies and procedures as well as federal, state, and local laws. School Administrators must realize that once the police arrive at the scene of an incident, they are in charge of that scene and will make the decisions they feel are appropriate. E. Summer Activity SRO's should accomplish as much of the required training as possible during the summer months when school is not in session. SRO's may still be involved in some summer projects with the school district; however, they will spend the majority of this time on WPD assignments. VI. School District Responsibilities The WISD shall provide the SRO of each campus and the SRO Sergeant the following materials and facilities, which are deemed necessary to the performance of the SRO's duties: 1) Access to an air-conditioned and properly lighted private office, which shall contain a telephone, which may be used for general business purposes. 2) A location for files and records which can be properly locked and secured. 3) A desk with drawers, chair, work table, filing cabinet, and office supplies. 4) Access to a computer and printer. 5) Access to and encourage classroom participation by the SRO's. 6) The opportunity for SRO's to address teachers and school administrators about the SRO program, goals, and objectives. 7) Seek input from the SRO's regarding criminal justice problems relating to students. 8) Provide SRO's the opportunity to address teachers and school administrators about criminal justice problems relating to students during in-service workdays. 9) Computer access to student records at all campuses for investigative purposes. (In compliance with FERPA guidelines) 10) Access to video surveillance systems at all campuses for investigative purposes. (In compliance with FERPA guidelines) 11) Encourage attendance for secondary Assistant Principals at NASRO Basic SRO training. VII. CRISIS PLANNING WISD and the City of Wylie Police and Fire Departments will coordinate Crisis Planning and training. Each entity will be involved in updates and creation of new Crisis Plans. Consistency throughout the district should be adhered to. Lock down drills shall be included as part of the District's preparedness plan. WPD shall be included in the creation of lock down procedures so that first responders are familiar with procedures. Lock down procedures should be consistent throughout the district. VIII. COST CONSIDERATIONS The SRO program will be jointly funded by the City of Wylie Police Department and WISD, for the SRO salary and necessary training during the school year. In consideration of the services provided herein the Wylie Independent School District shall pay one half of the cost of the SRO s salary and benefits during the time in which the SRO is assigned to the school i.e. first day of school to last day of school The CITY and WISD will share training costs up to a total of $1, 000. 00 or $500 00 per entity If either the CITY or WISD desire the SRO to receive training in excess of $1, 000 00 per a fiscal year that entity which desires to send the SRO to additional training shall bare the entire cost A. OVERTIME The school district agrees to create and provide overtime funding for other extra-curricular activity which is conducted after normal working hours, i.e., athletic events. Overtime activity must be approved in advance by the Principal or his/her designee. The overtime rate is negotiated prior to the beginning of each school year. Police related duties such as, late calls, late reports, or late arrests, will be compensated by the City of Wylie IX. CHANGES TO THE MOU Changes in the terms of this agreement must be made in writing and approved by the CITY and the WISD X. PROBLEM RESOLUTION Unforeseen difficulties or questions will be resolved by negotiation between theSuperintendent of WISD and the City Manager of the CITY or their designees Agreed to in cooperation with the Wylie Independent School District and the City of Wylie Police Department, this the 26th day of August, 2008. Mindy Manson City Manager City of Wylie H. John Fuller, Ed.D Superintendent Wylie Independent School District John Duscio Chief of Police Wylie Police Department Wylie City Council CIT_Mt Y OF WYLIE AGENDA REPORT Meeting Date: August 26, 2008 Item Number: 8 Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: August 8, 2008 Budgeted Amount: Exhibits: One Subject Consider, and act upon, the acceptance of the resignation of Frankie Delgado, Board Member for the Parks and Recreation Board and the appointment of a new member to the Parks and Recreation Board for the unexpired term of July 2007 to July 2009. Recommendation A motion to accept the resignation of Frankie Delgado and the appointment of to the Parks and Recreation Board. Discussion Staff is requesting the appointment of a new Parks and Recreation Board member to replace Mr. Frankie Delgado, who is resigning in order to prepare for deployment of his U.S. Marine Reserve Unit later this year. Chapter 78, Section 78-25 (Vacancies) of the Wylie Code of Ordinances states: "Should a vacancy occur in the membership of the parks and recreation board, the city council shall appoint a successor for the unexpired term". In order to be in conformance with the Chapter 78 section 25, it is recommended that an appointment be made to fulfill the unexpired term of July 2007 to July 2009. Approved By Initial Date Department Director MS 8/8/08 City Manager if A\ lit Page 1 of 1 Original Message From: Frankie &Valarie Delgado [mailto:fvdelgado@verizon.net] Sent: Sunday, July 13, 2008 10:48 PM To: Robert Diaz Subject: Resignation from board Robert, I had planned to talk to y'all about it at the July board meeting and then make August my last meeting, but it appears I'll be out of town in Aug. I will be resigning from the parks board after our July meeting. The battery that I command is being activated in Oct. to prepare for deployment early next year and my life looks to be pretty hectic until then. I ask that you please keep this information between yourself and Bill for now because I haven't told my kids yet and I don't want someone accidently "slipping up" while they are around. I'm truly saddened to leave the board at such a great time with so many great things on the horizon, but I feel great about my friends on the board and that they'll continue to do great things, along with y'all for the city and its citizens. I'll see you next week. Thanks! Frankie Gayle Walton From: Carole Ehrlich Sent: Friday, February 08, 2008 2:39 PM To: Gayle Walton Subject: FW: Board Volunteer Gayle, See below for inclusion with the agenda item for 2-26. Thanks ! Carole Ehrlich, TRMC, CMC City Secretary, City of Wylie 2000 Hwy. 78 North Wylie, Texas 75098 (972) 442-8103 Fax: (972) 442-8106 carole.ehrlich@wylietexas.gov Original Message From: Cydnee Combest [mailto:ibcyds@msn.com] Sent: Friday, February 08, 2008 1: 44 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Cydnee Combest DATE OF_APPLICATION - 02/08/2008 FIRST_CHOICE - Planning and Zoning Commission SECOND_CHOICE - Parks and Recreation Board THIRD CHOICE - Zoning Board of Adjustment SUBCOMMITTEE - Yes HOME ADDRESS - 1530 Windward Lane, wylie, TX 75098 HOME PHONE - 972-429-7110 HOME FAX - none HOME_EMAIL - ibcyds@msn.com RESIDENT YEARS - 5 CONTACT METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS_NAME - OCCUPATION - Head Statistical Research Assistant BUSINESS—ADDRESS - 1650 Legacy Drive, Plano, TX 75024 BUSINESS_PHONE - 972-431-6080 BUSINESS—FAX - 972-431-9065 BUSINESS_EMAIL - ccombest@jcpenney.com WHY_INTERESTED - I have been a resident of Wylie since July 2002. I have one son who has graduated from Wylie High School one currently attending Wylie High School, one attending Dodd Elementary and one who will be entering Dodd in 2009. I have a vested interest in the future of my family and I feel I should be a part of the planning of that future on a social and governmental level as well as the duties of parenting. My children have participated in athletics sponsored by the Parks and Recreation Board as well as the family time spent playing at the parks. I also want to make sure the decisions made as to the industry brought to Wylie and the housing and infrastructure plans are the best for the future of our city. Submit - Submit End of form information 1 Original Message From: Joy Cortinas [mailto:mom2home(averizon.net1 Sent: Sunday, April 06, 2008 2:29 AM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Joy Cortinas DATE_OF_APPLICATION - FIRST_CHOICE - Parks and Recreation Board SECOND CHOICE - Public Arts Advisory Board THIRD CHOICE - Library Board SUBCOMMITTEE - Yes HOME_ADDRESS - 211 S. Rolling Meadow HOME_PHONE - 214-924-5311 HOME FAX - HOME EMAIL - mom2home@verizon.net RESIDENT_YEARS - 1 CONTACT_METHOD - Home Phone REGISTERED VOTER - Yes BUSINESS_OWNER - No BUSINESS NAME - OCCUPATION - BUSINESS_ADDRESS - BUSINESS PHONE - BUSINESS FAX - BUSINESS EMAIL - WHY_INTERESTED - Citizens have the responsibility to be involved w/their community and to serve where ever possible. Submit - Submit End of form information ��'Original Message From: Kevin Thompson [mailto: kevin.thompson@studyisland.com] Sent: Monday, March 10, 2008 3:07 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Kevin Thompson DATE OF APPLICATION - 03/10/08 FIRST CHOICE - Parks and Recreation Board SECOND CHOICE - Zoning Board of Adjustment THIRD CHOICE - Planning and Zoning Commission SUBCOMMITTEE - No HOME ADDRESS - 1407 Old Knoll Dr HOME_PHONE - 4694467630 HOME FAX - HOME EMAIL - kevin.thompson@studyisland.com RESIDENT YEARS - 10 CONTACT METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS NAME - OCCUPATION - BUSINESS ADDRESS - _ BUSINESS PHONE - _ BUSINESS FAX - BUSINESS EMAIL - WHY INTERESTED - Submit - Submit End of form information Original Message From: Brett Bim [mailto:osiris43@gmail.com] Sent: Friday, May 30, 2008 7:01 AM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Brett Bim DATE_OF_APPLICATION - 5/30/2008 FIRST— - Public Arts Advisory Board SECOND CHOICE - Library Board THIRD—CHOICE - Parks and Recreation Board SUBCOMMITTEE - Yes HOME__ADDRESS - 1316 Valley Stream Drive HOME PHONE - 972-442-0130 HOME FAX - HOME EMAIL - osiris43@gmail.com RESIDENT YEARS - 3 CONTACT_METHOD_- Home Phone REGISTERED_VOTER - Yes BUSINESS—OWNER - No BUSINESS NAME - OCCUPATION - Software Developers BUSINESS ADDRESS - 15950 Dallas Parkway Suite 500, Dallas, TX 75248 BUSINESS_P_HONE - 972.200.0028 BUSINESS_FAX - BUSINESS EMAIL - WHY_INTERESTED - My wife and I enjoy giving back to Wylie through donations to Meals on Wheels and buying locally. I'd like to donate some of my time as well. Submit - Submit End of form information Gayle Walton From: Carole Ehrlich Sent: Monday, May 14, 2007 10:25 AM To: Gayle Walton Subject: FW: Board Volunteer FYI below Carole Ehrlich, TRMC, CMC City Secretary, City of Wylie 2000 Hwy. 78 North Wylie, Texas 75098 (972) 442-8103 Fax: (972) 442-8106 carole.ehrlich@wylietexas.gov Original Message From: Dave Tillery [mailto:dave.tillery@gmail .com] Sent: Monday, May 14, 2007 10:18 AM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Dave Tillery DATE_OF APPLICATION - 5/14/07 FIRST_CHOICE - Parks and Recreation Board SECOND CHOICE arc' THIRD_CHOICE - Public Arts Advisory Board SUBCOMMITTEE - Yes HOME_ADDRESS - 204 Towngate HOME_PHONE - 972 .742 .5032 HOME FAX - HOME EMAIL - dave.tillery@gmail.com RESIDENT_YEARS - 3 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS_NAME - OCCUPATION - BUSINESS_ADDRESS - BUSINESS PHONE - BUSINESS FAX - BUSINESS_EMAIL - WHY_INTERESTED - To serve and give back to the city in which I live. Submit - Submit End of form information Talked to Mr. Tillery and he would like to be considered for other boardsa 1 Original Message From: Roger W West Sent: Wednesday, June 06, 2007 8:40 AM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Roger W West DATE_OF APPLICATION - June 6th 2007 FIRST_CHOICE - Planning and Zoning Commission SECOND_CHOICE - Wyle Economic Develoment Corp. Board THIRD_CHOICE - Parks and Recreation Board SUBCOMMITTEE - No HOME_ADDRESS - 1017 Faridale court HOME_PHONE - 214-474-0055 HOME FAX - HOME EMAIL - rwest@rochestergauges.com RESIDENT_YEARS - 6 CONTACT_METHOD - Business Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS_NAME - OCCUPATION - BUSINESS ADDRESS - BUSINESS_PHONE - BUSINESS_FAX - BUSINESS_EMAIL - WHY_INTERESTED - Submit - Submit End of form information Original Message From: Sunil K Verma (mailto:suniI( sunilverma.net1 Sent: Friday, May 30, 2008 12:42 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Sunil K Verma DATE_OF_APPLICATION - 05/30/2008 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE - Parks and Recreation Board THIRD CHOICE - Wyle Economic Develoment Corp. Board SUBCOMMITTEE - Yes HOME_ADDRESS - 200 Lakefront Dr HOME PHONE - 214-474-1960 HOME FAX - HOME EMAIL - sunil@sunilverma.net RESIDENT_YEARS - 6 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - Yes BUSINESS NAME - OCCUPATION - Medical Technologist @ Baylor Hospital - Dallas BUSINESS_ADDRESS - BUSINESS PHONE - BUSINESS FAX - BUSINESS_EMAIL - WHY INTERESTED -I believe that city of wylie is a great place to live. As a proud citizen i would want to make a difference by being appointed on one of the Board/Commission. What could be a better way to serve the community you live in. Submit - Submit End of form information t1 Original Message From: Alvaro Salinas Jr. [mailto:alvarosalinasir(c�hotmail.com1 Sent: Friday, May 30, 2008 4:53 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Alvaro Salinas Jr. DATE_OF_APPLICATION - 5/30/08 FIRST— - Planning and Zoning Commission SECOND CHOICE - Public Arts Advisory Board THIRD CHOICE - Parks and Recreation Board SUBCOMMITTEE - No HOME_ADDRESS - 902 Glen Lakes Ct HOME_PHONE - 9723841128 HOME FAX - HOME_EMAIL - alvarosalinasjr@hotmail.com RESIDENT YEARS - 2 CONTACT—METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS NAME - OCCUPATION - Hispanic Advertising Planner BUSINESS ADDRESS - 251 O'Connor Ridge BUSINESS PHONE - 9727196934 BUSINESS_FAX - BUSINESS EMAIL - WHY_INTERESTED - Since moving to Wylie, I have purchased a home and had 2 babies. My family is spreading its roots in this city and I'd like to be involved in making this community the best it can be. Submit - Submit End of form information Original Message From: Owen S. Lewis [maiito:oslewis45@vahoo.coml Sent: Monday, May 19, 2008 9:13 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Owen S. Lewis DATE_OF_APPLICATION - 05/19/2008 FIRST CHOICE - Wyle Economic Develoment Corp. Board SECOND CHOICE - Parks and Recreation Board THIRD CHOICE - Library Board SUBCOMMITTEE - Yes HOME_ADDRESS - 716 Decatur Way HOME_PHONE - (972) 429-1073 HOME FAX - HOME_EMAIL - oslewis45@yahoo.com RESIDENT YEARS - 1 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS NAME - N/A OCCUPATION - Retired BUSINESS —ADDRESS - BUSINESS_PHONE - BUSINESS_FAX - BUSINESS_EMAIL -WHY_INTERESTED -Wylie is where I plan to spend the rest of my life. I would like to be involved in some way with the continuing growth and development of the city. I want to plant roots and become an active part of the community. Submit - Submit End of form information ----Original Message From: Allen Morris [mailto:Allenmorris@Yahoo.coml Sent: Sunday, May 25, 2008 12:04 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME -Allen Morris DATE OF APPLICATION - May 25, 2008 FIRST—CHOICE - Parks and Recreation Board SECOND CHOICE - Public Arts Advisory Board THIRD CHOICE - Library Board SUBCOMMITTEE - No HOME ADDRESS - 307 North Ballard Ave HOME PHONE - 903 456 2203 cell HOME FAX - NA HOME EMAIL - Allenmorris@Yahoo.com RESIDENT_YEARS O- 11 CNTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS NAME - OCCUPATION - Former High School Teacher: Current Director of Education for a Dallas Corp. BUSINESS_ADDRESS - BUSINESS_PHONE - BUSINESS_FAX - BUSINESS EMAIL - WHY_INTERESTED - If the council feels that I can be of service, I would be my pleasure to serve. Submit - Submit End of form information Original Message From: Brian Huddleston [,��a+�t, ��r�at,,+ ��,� i',,��� �► {,,,,] Sent: Friday, May 16, 2008 7:43 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Brian Huddleston DATE_OF_APPLICATION - 5/16/2008 FIRST— - Planning and Zoning Commission SECOND_CHOICE - Zoning Board of Adjustment THIRD CHOICE - Parks and Recreation Board SUBCOMMITTEE - Yes HOME ADDRESS - 704 Nickelville Ln. HOME PHONE - 972-442-8344_ HOME FAX - HOME EMAIL - brianhudd@gmail.com RESIDENT_YEARS - 7 CONTACT—METHOD - Home Email REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS NAME - OCCUPATION - IT Consultant BUSINESS_ADDRESS - 704 Nickelville Ln. BUSINESS PHONE - 469-619-5422 BUSINESS FAX - BUSINESS EMAIL - bhuddleston@ionresources.com WHY INTERESTED - Wylie offers much for families and businesses. I enjoy living here and want to help ensure that Wylie will continue to be a great place to raise a family and earn a living. Submit - Submit End of form information ---Original Message From: Jamie Eckles (m '{tn 1PckIPs11 .n VRhnn (nm] Sent: Friday, May 30, 2008 2:21 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Jamie Eckles DATE_OF_APPLICATION - 5/30/08 FIRST_CHOICE - Parks and Recreation Board SECOND_CHOICE - Parks and Recreation Board THIRD CHOICE - Parks and Recreation Board SUBCOMMITTEE - Yes HOME_ADDRESS - 2918 Montague Trail, Wylie, TX HOME PHONE - 972-429-5825 HOME_FAX - HOME EMAIL - jeckles1_l @yahoo.com RESIDENT_YEARS -4 CONTACT METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS NAME - OCCUPATION - EDI Manager BUSINESS_ADDRESS - 14295 Midway Road, Suite 300, Addison, TX BUSINESS PHONE - 972-955- 4440 BUSINESS FAX - BUSINESS_EMAIL -jeckles@fairpaysolutions.com WHY INTERESTED - Heavily involved in youth sports and youth group activities. Would like to help the Wylie Parks Dept. continue to grow along with the kids. Submit - Submit End of form information Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 26, 2008 Item Number: 9 Department: City Secretary (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: Date Prepared: August 18, 2008 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2008-40 setting the time and place for all regular City Council Meetings in 2009. Recommendation A motion to approve Ordinance No. 2008-40 setting the time for p.m. and place for all regular City Council Meetings in 2009. Discussion The City of Wylie Home Rule Charter in Article III, Section 9 states that the City Council shall hold at least one regular meeting each month and as many additional meetings as it deems necessary to transact the business of the City. The City Council shall fix, by ordinance, the date and time of the regular meetings. Special meetings of the City Council shall be held on the call of the mayor or a majority of the City Council members. SECTION 4: states, the City Council's regular meetings shall generally begin at p.m. and are usually held at 2000 Hwy. 78 N., Wylie, Texas in the City Council meeting chambers in City Hall, however the exact time and location for each meeting shall be posted in accordance with the Texas Open Meetings Act. Currently the time is set generally for 6:00 p.m. Mayor Hogue and Councilman Goss have requested the proposed Ordinance No. 2008-40 be presented for consideration to change the meeting time. Pursuant to Section 4, Special Meetings and Work Sessions could be called earlier at the pleasure of the City Council. By this Ordinance, the dates and times of all regular meetings in 2009 will be set. During the months of November and December one meeting per month has been scheduled due to the holidays. Upon request of the Council, special called meetings and work sessions can be scheduled at any times designated by the City Council and posted in accordance with the Texas Open Meetings Act. . Approved By Initial Date Department Director CE 8-26-0/8 CityMana er a f ib(6 g PIO I Page 1of1 ORDINANCE NO. 2008-40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY SETTING THE REGULAR CITY COUNCIL MEETING DATES FOR 2009 FOR THE CITY OF WYLIE, TEXAS; PROVIDING FOR SAVINGS, REPEALING AND SEVERANCE CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council normally meets on the 2nd and 4th Tuesday of each month; and WHEREAS, the City Charter requires the City Council to meet at least once each month; and WHEREAS, many citizens, City employees and elected officials take vacations or are unavailable during the holidays; and WHEREAS, the City Council finds it will be beneficial and in the best interests of the public to set forth its regular meeting dates for 2009. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 2: The City Council of the City of Wylie, Texas, hereby determines that regular meetings will be held on the 2nd and 4th Tuesdays for the first ten months of 2009 (January through October) and on the 2nd Tuesday in November and December, 2009, which shall be on the following dates: January 13 and 27, 2009 July 14 and 28, 2009 February 10 and 24, 2009 August 11 and 25, 2009 March 10 and 24, 2009 September 8 and 22, 2009 April 14 and 28, 2009 October 13 and 27, 2009 May 12 and 26, 2009 November 10, 2009 June 9 and 23, 2009 December 8, 2009 SECTION 3: Nothing herein shall prohibit the City Council from canceling or changing the regular meeting dates established herein or from holding special or other meetings as allowed by law. SECTION 4: The City Council's regular meetings shall generally begin at 7:00 p.m. and are usually held at 2000 Hwy. 78 N., Wylie, Texas in the City Council meeting chambers in City Hall, however the exact time and location for each meeting shall be posted in accordance with the Texas Open Meetings Act. Ordinance No.2008-40 Ordinance Establishing Meeting Dates for 2009 Page 1 SECTION 5: 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 6: 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, 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 7: 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 the 26th day of August, 2008. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No.2008-40 Ordinance Establishing Meeting Dates for 2009 Page 2