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10-14-2008 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda October 14, 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. October 14,2008 Wylie City Council Regular Meeting Agenda Page 2 of 4 PRESENTATION • Proclamation for Breast Cancer Awareness. (E. Hogue, Mayor/J. Harkins) • Presentation to 1st Six Weeks Star Students — Character Trait of "Responsibility". (E. Hogue, Mayor/Council) • Presentation on the proposed South Ballard Overlay. (R. 011ie, Planning Director) 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 September 23, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the City Manager to enter into a Facility Services Agreement, in the amount of$44,928.00,with Trane, Inc. (M. Sferra, Public Services Director) C. Consider, and act upon, Ordinance No. 2008-47 amending Comprehensive Zoning Ordinance No. 2001-48, Article 6, Section 6.3 Downtown Historic District and the Official Zoning Map as it relates to district boundaries and design standards. (R. 011ie, Planning Director) D. Consider, and act upon, award of a contract to Tri Con Services Inc., in the amount of $168,492.35, for the construction of a 12-inch water line along FM 1378 from Lakefield Drive to Brown Street. (C. Hoisted, City Engineer) E. Consider, and act upon, a Final Plat establishing one lot on 12.6 acres for Gateway Community Church, generally located west of FM 1378 (Country Club Road ) and south of FM 2514 (Parker Road). (R. 011ie, Planning Director) F. Consider, and act upon, a Final Plat creating two Commercial Corridor Lots for Stewart Addition on 2.168 acres, located at 400 East Alanis Drive. (R. 011ie, Planning Director) REGULAR AGENDA General Business 1. Consider, and act upon, allocation of funding for Not-For-Profit Organizations: Children's Chorus of Collin County, Inc., Collin County Children's Advocacy Center, Collin Intervention to Youth, Divorce Recovery for Kids at Wylie United Methodist Church, Equest Therapeutic Horsemanship, Meals on Wheels, Inc. of October 14,2008 Wylie City Council Regular Meeting Agenda Page 3 of 4 Wylie, Plano Children's Medical Clinic, and Wylie ISD Education Foundation. (M. Manson, City Manager) Executive Summary On September 23, 2008 the Council heard presentations from the listed organizations regarding proposed funding allocations, per Ordinance 2005-52. A total of$33,000 has been allocated within City Council's budget for Not-For-Profit contributions in FY 08-09. Public Notice was issued to inform the public of the acceptance of applications,with May 1,2008 being the application deadline. 2. Consider, and act upon, authorizing the City Manager to execute a Development Agreement between the City of Wylie and James Stephen Gee and Stacy Lynn Gee for the development of Southbrook Phase III. (R. 011ie, Planning Director) Executive Summary Mr. Steve Gee, representing Southbrook Phase III and Attorney Mr. Art Anderson contacted the City in regards to initiating a Development Agreement. Staff has met with City Attorney Mr. Richard Abernathy and discussed the general contents of the agreement. Through numerous iterations, the attached proposed Agreement is presented for consideration. 3. Consider, and act upon, Resolution No. 2008-45(R) adopting the City of Wylie Disaster Recovery Plan for Municipal Records. (C. Ehrlich, City Secretary) Executive Summary Ordinance No. 2006-76 establishing an active and continuing records management program/plan for the City of Wylie was adopted in December of 2006. Section 9 (3) of the ordinance requires that the Records Management Officer, in cooperation with department heads, identify essential records and establish a disaster plan for each municipal office and department to ensure maximum availability of the records in order to re-establish operations quickly and with minimum disruption and expense. The proposed City of Wylie Disaster Recovery Plan for Municipal Records provides for the recovery of vital and important local government records in the event of a disaster that causes serious and extensive damage to those records. Recovery procedures are included to mitigate and repair the effects of major natural disasters. 4. Consider, and act upon, accepting the resignation of David James and the appointment of a new member to the Library Advisory Board to fill the unexpired term of July 1,2007 to June 30,2009. (R. Orozco, Library Director) Executive Summary David James has actively served on the Library Board since his appointment in July 2005. Mr. James informed us of his resignation from the Library Board effective immediately due to his school commitments. Article VIII, Section 2(c) of the City of Wylie Charter states, "the City Council shall appoint a library board consisting of seven members who shall be qualified voters who shall serve for a term of two year". READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. WORK SESSION • Joint Work Session with the City Council and the Parks and Recreation Board regarding the updating of the City of Wylie Parks, Recreation and Open Space Master Plan. (M. Sferra, Public Services Director/Halff Associates) October 14,2008 Wylie City Council Regular Meeting Agenda Page 4 of 4 • Presentation from the Hanover Property Company regarding a proposed development on the west side of Lake Lavon. (M. Manson, City Manager) RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 10th day of October, 2008 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 14, 2008 Item Number: Presentation (City Secretary's Use Only) Department: Planning Prepared By: Jasen Haskins Account Code: Date Prepared: August 15, 2008 Budgeted Amount: Exhibits: 1 Subject Presentation on the proposed South Ballard Overlay District. Recommendation Direction from Council on whether to move forward with drafting an ordinance to create an overlay district for South Ballard Avenue. Discussion South Ballard has been identified by the City as a valuable area worthy of rejuvenation. Staff is proposing an Overlay District that would provide development and design standards that will enhance the District's ability to provide enhanced usable space for the citizens of the City while extending the pedestrian friendly atmosphere and architectural character of the Downtown Historic District. The South Ballard Overlay District would comprise lots that front South Ballard south of S.H. 78 and north of Stone Road. The area is currently a mix of zoning consisting of Commercial Corridor, Single Family, and Multi-Family uses. Staff believes that South Ballard is ideally suited for Commercial or Mixed-Use development. In order to facilitate these types of developments, staff believes a Form-Based approach to zoning would best serve this area. Form-Based zoning, in short, involves focusing the Ordinance more on the appearance of not only the buildings but the areas surrounding the buildings than on the uses within the buildings. For example, the current Downtown Historic District Ordinance has a Form-Based element to it in that the looks of the buildings in the district are tightly regulated. Form-Based zoning would add another element to this by tightly regulating the spaces around the buildings to create a unique, pedestrian friendly, shopping and (potentially) living environment. In regards to Uses, Form-Based Ordinances allow for a larger mix of uses within one district than conventional ordinances. This is not to say that Form-Based Ordinances have to allow more uses in a district, it means that the exact mix of allowable uses are not necessarily the priority. Considerations for the district include: 1. Should the District be created and targeted for redevelopment? 2. Traditional Zoning versus Form-Based Zoning. 3. Exact boundaries of the District. Page 1 of 2 Page 2 of 2 4. What Uses will be allowed based on what zoning category is implemented. 5. What Form should be used if Form Based were recommended? 6. Should a mix of uses be mandatory? 7. Should the alley behind those lots facing east on the west side of S. Ballard be utilized. Average lot depths could be approximately 135' if those alleys are abandoned. 8. What level of financial involvement can the City afford for redevelopment? Approved By Initial Date Department Director RO 09-29-08 iCA City Manager il 1 l7 g Wylie South Ballard District ,. The City Council has identified the Southside Addition as an area of the City that will be a focus for the next round of the A.C.T.I.O.N. Plan. Taking into consideration that some properties within the Southside Addition face south Ballard, staff recommends that a Special Overlay District be created for all of South Ballard at the same time to set the standard for the rejuvenation of this entire area. EA, Staff believes that setting the standard �w now is important due to the continued growth of Wylie and the success of the r_ DTH as a retail and special events - center within the City. r City of Wylie Wylie South Ballard Distric Considerations: -The creation of a Special Overlay District - Boundaries of the SBD Zoning type - Uses v F'� rd 11111111111111.11L,"'- = t 7'!fWYII€ .. ._ . . . . .. .. . , ,.... Wylie South Ballard ). '. . _ - r . , _1. Ity ,f uili , NI. T.:DC Consideration must also be ' ' ~ . Y . given to the boundaries of the - " agr:w SBD. Options include: +' 'tiot ,.- . � ` i ; >En ;F_r fl • Properties facing Ballard '- . ' f t Plus alleyways a y 1 III III s `. 4'.`. Plus rear facing properties 4 , Prra ,s.W' t6T..,_ !UYi .� � es E : / , City of Wylie Wylie South Ballard Distric . . Zoning Staff is considering the use of a Form-Based code within the SBD. Form-based zoning focuses on the functionality of an entire area, more than use of a single building or property as with Traditional Zoning. For reference, the DTH currently employs a less intense variation of Form-Based Code because the Ordinance provides specific standards on the look and feel of the buildings but stops short of shaping the entire public realm for the DTH. d . T4 � l1ry 0E341 trl c.Rearyard:Specific Types-Tcwahoiise Rc4cflouse,Live-Work unit,perimeter block A biilding that occupies me ulI'rcntage.leavng the rear of the Iot as the sole yard. This is a very urban twee as the continuous Facade steadily defies the public Thoroughfare.The rear Elevations may be articulated for functional eureoses-In its Reslde'r al form,this type is the Rowhouse.For its Commercial form the rear yard can accommodate substantial parking. City of Wylie Wylie South Ballard District . .._. _ _. In considering the uses allowed in the SBD, the DTH may be a good place to start as the Districts are close geographically. If Form-based zoning were utilized, the allowed uses are controlled by the Ordinance, their placement within the SBD are not. Residential and Commercial uses may mix freely. _ This could produce a mixed-use, pedestrian intense, sustainable area. • I ° . —s------ -s-,17.6P: -.4.4" . . ' i 4 '''' • - ,., !r air II ig. ft: { i A 11 I 1r( fIl ^R Illlllllf - ` ' � ' ) -' „ {yllffll(( _ i _., \• fir.:'.. .. .s , City of Wylie -r�I)_1 )_r.Jr1) rJr_) 1J JiJr=J A style of housing in use since the late 17th century, where a ro 'P. . identical or mirror-image houses share side walls and whose uniform fronts and uniform height create a stylish ensemble where the building fronts uniformly run right to the property I.. e. .4 OOP , r e -41 --' ,� r ,1 ��Iluuuilliu ..tmitof , ! 4 Historic Alley TerracedN'qt ' i' 1 . k' . I , 1....4 ,,, , „,,,,iii A ?). i IE: ftMerri 1 i 1 ir ., i _ Mission Terraced `_ - T II._ 1121 1,1 i,; ,; ri-144-7A00-' - - ,- -, 11 g I tiiii4,,,,4 — ' 11 ‘'.,;1/' 11 VW- - 'i, J [ MIL r 1.ir,1 _ Stone Terraced Neighborhood Redevelopment PlanningDepartmeni... Renae' 011ie — Director of Planning Charles Lee — Senior Planner Jasen Haskins — Assistant Planner Phone: 972.442.8158 Fax:972.442.8115 E-mail:planning@wylietexas.gov Ctiy of Wylie Wylie City Council CITY�OF_WYLIE Minutes Wylie City Council Tuesday, September 23, 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 6:02 p.m. with the following City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, and Councilman Merrill Young. Councilman Rick White and Councilman Carter Porter were absent. Mayor Hogue reported that Councilman White was out of town and Councilman Porter was recovering from surgery. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Public Services Director, Mike Sferra; Library Director, Rachel Orozco; Building Director, Mike McAnnally; Fire Chief, Randy Corbin; Police Chief, John Duscio; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Matthew Savage, Boy Scout Troop 442, gave the invocation and Boy Scout Troops 442 and 418 led the Pledge of Allegiance. Troop 442 scouts present were: Chris Clemmons, Jason Clemmons, Steaphan Deweese, Bren Disque, Michael Durbin, Franklin Hartman, Jackson Kane, Ben Lawrence, Neil McHenry, Andrew Ngo, Matthew Savage and Matt Shinn. Troop lehodes were: Randy Elt , Hudson Gregg, Paul Shin, and Troye. Troop l8 Sa gentSTr op Leader present e: Hayden is Ronnie Rhodes, Wesley Elliott, Rhodes. 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. Barry Young, the new Oncor regional representative, introduced himself to the City Council. Minutes—September 23, 2008 Wylie City Council Page 1 Pamela Albertson, Coral Watkins, Shirley Schmitt, and Jay Cawood, all residing on South 3rd Street addressed Council concerning issues with large numbers of non-resident individuals living in single family rental property on South 3rd Street. David M. Aparicio, Douglas Gray, Amanda McEnroe, Richard Scuderi, Ryan McEnroe, and John Onufreiczuk addressed Council in support of Councilman Merrill Young. Steve Wright, addressed Council requesting Merrill Young's resignation. Eric Smith, 3410 Melon Drive, addressed Council in opposition to the STEP program that was scheduled for consideration as Item B on the consent agenda. PRESENTATION • Presentation from Not-For-Profit Organizations: o Children's Chorus of Collin County,Inc. o Collin County Children's Advocacy Center o Collin Intervention to Youth o Divorce Recovery for Kids at Wylie United Methodist Church o Equest Therapeutic Horsemanship o Meals on Wheels, Inc. of Wylie o Plano Children's Medical Clinic o Wylie ISD Education Foundation • Presentations from Not for Profit Organizations requesting FY 2008-2009 funding: o Children's Chorus of Collin County, Inc. Russ Porter representing Children's Chorus of Collin County, Inc. addressed Council stating that the purpose of his organization is to compliment, not compete, with the public elementary music programs and to allow singers the opportunity to progress further with their vocal music education. The diversity found in American choral literature plus choral music from other countries provides insights into various cultures and language groups as the children learn new customs and languages. He explained that no child is turned away due to cost and the total membership of the organization showed 27% of the children from Wylie. He stated that the organization was requesting $6,205 in grant funding to meet tuition assistance needs, equipment, and additional conductors and accompanists. o Collin County Children's Advocacy Center George Farr representing the Collin County Children's Advocacy Center addressed Council stating that the mission of Collin County Children's Advocacy Center was to take action to protect and improve the lives of abused and neglected children. He reported CCCAC was the only organization providing the Wylie community with: co-housing of CPS, law enforcement, medical services to provide thorough investigations of all allegations of abuse and neglect, various therapy modalities for children and non offending family members, forensic interviews by trained non-partisan interviewers, social workers to assist with family needs, foster home recruiters to increase the number of foster homes, volunteer opportunities for community members to get involved and training programs in conjunction with local universities for both social workers and therapists. He reported that 8.4% of the cases last year were Wylie residents and this number is expected to go up next year. He stated that the organization was requesting $15,000 in grant funding to assist with the operation of the general operating expenses for the services that CCCAC provides to citizens of Wylie at no cost to the client. He asked Council to consider continuing their financial support of the organization. Minutes—September 23, 2008 Wylie City Council Page 2 o Collin Intervention to Youth (CITY House) Lisa Rogers representing CITY House addressed Council stating that CITY House has provided residential and counseling services to families and children in cities for 20 years. CITY House offers two shelter programs and one counseling center. The organization is determined to assist families in need at no cost to the families. She reported that 85% of the families served were low income families. She reported that 5% of the overall services rendered were to Wylie residents. She stated that the organization was requesting $7,000 in grant funding to assist with funding for the residential and counseling services to children and families in crisis. o Divorce Recovery for Kids at Wylie United Methodist Church Nancy Spaulding and Lezia Wiederhold representing Divorce Recovery for Kids at Wylie United Methodist Church addressed Council stating that the organization was started one and a half years ago to assist in providing the children of divorce with a place to express themselves and find support, to learn means of coping and to have fun. Ms. Spaulding reported that the organization meets monthly and services the Wylie area. She reported that 85% of the children seen are from Wylie. She explained that the organization was requesting $2,000 in grant funding to be used for supplies, journals for children to take home, and meeting materials for emotional buddies and pillows to be used during the meetings. She noted that funds were also needed for advertising to insure everyone knew the services were available. o Equest Therapeutic Horsemanship Patsy Patten, representing Equest Therapeutic Horsemanship addressed Council stating that the organization was requesting $5,000.00 to fund the "rider ships" for the organization. She explained that the organization provides therapy with horses for children and adults with all types of disabilities and learning differences. Equest empowers individuals with disabilities to take charge of their lives and achieve the maximum independence their individual circumstances will allow. Therapeutic horsemanship assists in influencing and improving social-emotional functioning, sensory motor skills, thinking and behavior, and adaptive life abilities. She asked for continued support. o Meals on Wheels, Inc. of Wylie Bill Nelson, Chairman for the Meals on Wheels, Inc. of Wylie addressed Council stating that the purpose of the organization was to provide hot nutritional meals to homebound senior citizens in the Wylie area. He noted that the daily visit and "check in" was something these seniors looked forward to. He explained that the Wylie area included the incorporated city and WISD boundaries. He explained that the meals are purchased by the organization from Wylie Independent Food Services at a cost of $3.75 per meal and then redistributed to the homebound seniors. The seniors are not required to pay for the meals. He reported that the organization was requesting $3,000 in grant funding to assist with the meals that are being provided. o Plano Children's Medical Clinic Susan Shuler Executive Director of the Plano Children's Medical Clinic addressed Council stating that the organization was requesting $10,000. She reported that the children that come to the clinic either have Medicaid, CHIP or have no insurance at all. The day clinic is a Medicaid and CHIP clinic with paid staff. The clinic relies on reimbursement from the State of Texas. The night clinic is an all volunteer clinic that depends on volunteer doctors, nurses, clerical staff, translators and donations. The night clinic is strictly for those children who have no insurance, therefore all the necessary medication is provided to them. Each patient pays $5 for the visit, but is not obligated to pay this fee. Last year the clinic had more than 16,000 patient visits from the daytime and evening clinics. Wylie Children made up 5,400 of those patient visits. Minutes—September 23, 2008 Wylie City Council Page 3 o Wylie ISD Education Foundation Wylie ISD Education Foundation Board Executive Director Jenna Lawson addressed Council stating that the mission of the Wylie ISD Education Foundation is to promote quality education by supporting enhancements through innovative programs and initiatives in the Wylie Independent School District. The organization is requesting $2,183.28 in grant funding, to be used to design and print the foundation's annual report. The report is a much needed and much used publication that provides valuable information to the public. Its uses are many and varied. They include: information given to previous donors, to solicit funds from new donors, public relations tool placed in banks, chambers of commerce, offices and schools, documentation of financial assets and liabilities, part of all foundation packers, and to track the history of the foundation. She asked for the City's continues support. 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 September 9, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2008-39(R) authorizing the Mayor to execute a 2009 Step Program Grant Agreement, in the amount of $45,634.36, with the State of Texas Department of Transportation. (J. Duscio, Police Chief) C. Consider, and act upon, Resolution No. 2008-40(R) authorizing the Mayor to execute Contract Amendment Number One (1) to the 2007 Interlocal Environmental Services Agreement between Collin County and the City of Wylie. (M. McAnnally, Building Official) D. Consider, and act upon, Resolution No. 2008-41(R) authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2008-2009. (R. Orozco, Library Director) E. Consider, and act upon, awarding an annual contract to McCrary's Mow Time in the amount of$45 per acre for mowing and litter control services and $7.00 per acre for litter control only. (M. Sferra, Public Services Director) F. Consider, and act upon, Ordinance No. 2008-43, amending Ordinance No. 2006-01 (Planned Development) to allow for flexibility of wall signage by establishing provisions within the CC zoned designation of the Planned Development District. ZC 2008-09 (R. 011ie, Planning Director) G. Consider, and act upon, a Replat for Woodbridge Crossing, Block A, Lot 3 (Viewpoint Bank) creating a single lot of 1.41 acres, generally located at the southeast corner of FM544 and the extension of McCreary Road. (R. 011ie, Planning Director) Minutes—September 23, 2008 Wylie City Council Page 4 H. Consider, and act upon, a Final Plat for Wylie Church of Christ creating one lot on 2.3785 acres, located at 901 South Ballard Street. (R. 011ie, Planning Director) I. Consider, and act upon, a Final Plat for Wylie BK Pop, creating two Commercial Lots on 1.38 acres, generally located at the northeast corner of FM 544 and Commerce Drive. (R. 011ie, Planning Director) J. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of August 31,2008. (L. Williamson, Finance Director) K. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of August 31,2008. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to approve the Consent Agenda as presented. A vote was taken and the motion passed 5-0 with Councilmen White and Porter absent. REGULAR AGENDA Public Hearing Tabled Item from August 12,2008 Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilwoman Spillyards to remove consideration of Item #1 Downtown Historic District from the table and consider. A vote was taken and the motion passed 5-0 with Councilmen White and Porter absent. 1. (MOTION TO REMOVE FROM TABLE) Hold a Public Hearing and consider, and act upon, amendments to the Comprehensive Zoning Ordinance No. 2001-48, Article 6, Section 6.3 Downtown Historic District as it relates to district boundaries and design standards. (R. 011ie, Planning Director) 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. Ms. 011ie explained that the Planning Commission has recommended extending the DTH boundary to the west along the east side of Birmingham Street to just south of Elliot Street and then east to the north side of Block 3, Lot 1 R, then 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. It would also extend the eastern boundary to include lots along the east side of 2nd Street and south to Marble, but excluding First Baptist Church Worship Minutes—September 23, 2008 Wylie City Council Page 5 Center and parking lots. She reported that by a vote of 6-0, the P &Z Commission recommends approval to City Council. She noted that staff is requesting in Section 5, Architectural Design Standards, 6-3 (f) the primary exterior material include wood siding and/or composite masonry materials having a wood pattern and recommended also adding vinyl siding as an approved material. She reported that in discussing the vinyl siding with the building official, it was their opinion that the material was very durable and held paint very well. She requested that this item be added to the proposed zoning change under Section 5 (f) building materials-Residential Structures. Council Discussion Councilwoman Spillyards asked Planning Director 011ie what other historic districts use vinyl siding as an approved material. Planning Director 011ie replied that there are probably none that use this type of material. She reported that in districts that were mainly registered historical structures, the use of vinyl siding was not allowed, however in Wylie there are only a few structures that are recognized as registered historical structures. Most of the structures have the historical look but because the structure has been modified through the years, these structures do no qualify for registration as historical structures. What this ordinance will provide is structures that have the historic feel and character of the historic district; however these structures will not be registered with the National Historic Society. Councilwoman Spillyards stated that it was her personal preference that the vinyl siding not be added to the approved materials. Councilman Goss stated that the only concern he had with the DHD standards was if a resident lost their home to a fire, they would have to build the home back to the DHD standards that could be less cost effective and not what the resident desires. He noted that in his opinion the City was not allowing citizens to save money if we exclude the use of vinyl siding. Councilwoman Spillyards asked if there were any plans to address historic properties that would be outside the proposed DHD. Ms. 011ie replied that areas outside the Downtown Historic District could be addressed, lot by lot or preservation overlay districts in future planning. Building Director McAnnally addressed Council stating that with the large amount of natural disasters and other events, it was his opinion that cities and counties needed to move toward alternative materials such as vinyl. He reported that these materials were very hardy and lasted for many years. They were also more cost effective materials that hardy board. Public Hearing Mayor Hogue opened the public hearing for zoning case #2008-08 at 8:25 p.m., asking anyone present wishing to address Council to come forward and limit their comments to 3 minutes. Nathan Council, residing at 305 N. 2nd Street, addressed Council stating that he was remodeling his residence and requested that vinyl siding be allowed. He explained that the look was very similar to the wood siding and noted that on the street he resides, 8 out of 10 are currently vinyl siding. He thanked the Council for their consideration. David Tyler, residing at 1310 E. Stone Road, addressed Council stating that he owned several properties in the proposed DHD district and was in the process of remodeling one of the homes for family members. He explained that if vinyl siding was not allowed, he would not be able to make those improvements due to cost. He noted that many other homeowners in the area would have the same cost issues. Mr. Tyler explained that the vinyl material used today is very durable and has a look very similar to the wood siding. He asked the Council to consider adding vinyl to the allowed materials in the Downtown Historical District amendments. With no other citizens wishing to address Council, Mayor Hogue closed the public hearing and 8:28 p.m. Minutes—September 23, 2008 Wylie City Council Page 6 Council Action A motion was made by Councilwoman Spillyards, seconded by Mayor Pro Tem Byboth to approve amendments to the Comprehensive Zoning Ordinance No. 2001-48, Article 6 Section 6.3 Downtown Historic District map as it relates to district boundaries and design standards, and omitting the addition of vinyl materials to the amendments. A vote was taken and the motion passed 4-1 with Mayor Hogue, Mayor Pro Tern Byboth, Councilman Young and Councilwoman Spillyards voting for and Councilman Goss voting against. Councilmen White and Porter were absent. General Business 2. Consider, and act upon,Ordinance No. 2008-44 amending Ordinance No. 98-16 (Fee Schedule Ordinance) modifying Subsection 1.02 (Water Rates) and Subsection 1.03 (Sewage collection and treatment rates). (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that in 2006 Council held a work session to discuss the water and sewer rate study prepared by McLain Decision Support Systems. The study incorporated the water and sewer capital improvements plan (CIP) as well as outstanding debt service. The CIP was updated as part of the water and sewer impact fee study; however, impact fees can only recoup fifty percent of the projected cost of the CIP. Therefore, the remaining cost must be funded through other means such as the water and sewer rates. He reported that a 3.25% increase per year over the next five years was proposed in the rate study (Financing Scenario 2). The new rate structure includes 1,000 gallons in the minimum monthly bill and incorporates a stronger conservation rate design for residential and irrigation meters (Rate Alternative 2). The proposed ordinance incorporates these recommendations into the water and sewer rates for FY 2009. He explained that a revised Ordinance had been set at the dais for Council review. In creating the proposed ordinance, Ordinance No. 2008-20 for flat fee residential customers had been omitted. In the Ordinance before you that verbiage has been added. He recommended the Council approve the revised ordinance. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to approve Ordinance No. 2008-44 amending Ordinance No. 98-16 (Fee Schedule Ordinance) , Section 1.00 (Water and Sewer Rates and Fees), Subsection 1.02 (Water Rates) and Subsection 103 (Sewer Collection and Treatment Rates) and Ordinance No. 2008-20, Section 2; Providing for repealing, savings and severability clauses; Providing for an effective date of this ordinance; and providing for the publication of the caption herein. A vote was taken and the motion passed 5-0 with Councilmen White and Porter absent. 3. Consider, and act upon, Ordinance No. 2008-45 repealing Ordinance No. 2007-37 and Ordinance No. 96-1, and replacing Chapter 50 (Floods), Article II (Flood Damage Prevention), of the City of Wylie Code of Ordinances, for the purpose of establishing regulations to minimize flood losses. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the Federal Emergency Management Agency (FEMA) has requested that cities update their flood damage prevention ordinance to meet the requirements of the National Flood Insurance Program (NFIP) regulations. Specifically, FEMA has asked cities to update Article 3, Section B which specifies the most current Flood Insurance Rate Map updates. Minutes—September 23, 2008 Wylie City Council Page 7 Council Action A motion was made by Councilman Goss, seconded by Mayor Pro Tern Byboth to approve Ordinance No. 2008-45 repealing Ordinance No. 2007-37 and Ordinance No. 96-1, and replacing Chapter 50 (Floods), Article II (Flood Damage Prevention), of the City of Wylie Code of Ordinances, for the purpose of establishing regulations to minimize flood losses. A vote was taken and the motion passed 5-0. 4. Consider, and act upon, Resolution No. 2008-42(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) 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 includes 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. Mr. Hoisted explained that Council approved the Inter-Local Agreement at the August 12, 2008 meeting; however, Collin County has requested that the reference to the total County commitment for the project be removed. Due to the large amount of the 2007 bond program, funding for each project must be approved yearly. If the line in question is left in the agreement, the County must encumber those funds. Mr. Hoisted recommended the revised inter-local agreement be approved for final execution by the City and Collin County to supersede the earlier approved agreement. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve Resolution No. 2008-42(R) authorizing the City Manager to execute an Inter-local Agreement with Collin County concerning the construction of McMillen Road from East of McCreary Road to FM 1378. A vote was taken and the motion passed 5-0 with Councilmen White and Porter absent. (This agreement supersedes the agreement approved on August 12, 2008) 5. Consider, and act upon, Resolution No. 2008-43(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) 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 improvements to Stone Road include approximately 10,000 linear feet of 4-lane divided concrete roadway with underground storm sewer. Mr. Holsted explained that Council approved the Inter-Local Agreement at the August 12, 2008 meeting; however, Collin County has requested that the reference to the total County commitment for the project be removed. Due to the large amount of the 2007 bond program, funding for each project must be an annual expense to the County. He noted that the agreement tonight will supersede the agreement approved on August 12, 2008. Minutes—September 23, 2008 Wylie City Council Page 8 Council Action A motion was made by Councilman Goss, seconded by Councilwoman Spillyards to approve Resolution No. 2008-43(R) authorizing the City Manager to execute an Inter-local agreement with Collin County concerning the construction of Stone Road from Akin Lane to County Line Road. A vote was taken and passed 5-0 with Councilmen White and Porter absent. (This agreement will supersede the previous agreement dated August 12, 2008) 6. Consider, and act upon, Resolution No. 2008-44(R) authorizing the Mayor to enter into an Interlocal Cooperation Agreement with the Town of St. Paul for Fire Protection Services for their city limits and E.T.J. (R.Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed Council stating that the City of Wylie has been providing fire protection services for the Town of St. Paul since 1993. The proposed contract almost mirrors the past contract with one major change. The contract changes how the City of Wylie bills the Town of St. Paul for fire protection. Currently the Town of St. Paul pays a flat fee of$60,000 per year for fire protection services, and the new contract states payments will be based on the previous years "personnel responses." The cost comparison is that in the 2007-2008 fiscal year, the Town of St. Paul paid the City of Wylie $60,000.00. In the 2008-2009 budget year, the Town of St. Paul will pay the City of Wylie $111,594.46. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve Resolution No. 2008-44(R) authorizing the Mayor to enter into an Inter-local Cooperation Agreement with the Town of St. Paul for Fire Protection Services for their city limits and E.T.J. A vote was taken and the motion passed 5-0 with Councilmen White and Porter absent. 7. Consider, and act upon, Ordinance No. 2008-46, amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of $60,000, to provide additional funds within this fiscal year for City Attorney's fees. (L. Williamson, Finance Directory) Staff Comments Mindy Manson addressed Council stating that for FY 2007-2008, the City Attorney line item for legal fees was budgeted at$115,000. These funds have been exhausted because of an unexpected increase in the use of legal services throughout this fiscal year. A budget amendment in the amount of $60,000 is requested for the balance of the fiscal year. Councilman Goss asked if there was a particular reason the cost had gone higher than anticipated. City Manager Manson replied that there was no one item that carried the costs over budget but rather more issues that needed to be addressed by legal opinion. She stated that staff only called the City Attorney when it was necessary to the issue. Council Action A motion was made by Councilman Goss, seconded by Councilwoman Spillyards to approve Ordinance No. 2008-46, amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of$60,000, to provide additional funds within this fiscal year for City Attorney's fees. A vote was taken and the motion passed 5-0 with Councilmen White and Porter absent. 8. Consider, and act upon, amendments to the Rita and Truett Smith Public Library Computer Use Policy. (R. Orozco, Library Director) Minutes—September 23, 2008 Wylie City Council Page 9 Staff Comments Library Director Orozco addressed Council stating that the Mayor and Council approved the Smith Public Library "Internet Acceptable Use Policy" on April 13, 2004. The proposed amendments to the policy reflect the growing use of the library's public service computers. The proposed amendments incorporate these changes and present the information in more concise language. Library Director Orozco explained some of the changes which included: • Changing the name from "Internet Acceptable Use Policy" to "Computer Use Policy" because the library now offers other services on the computers. • The "Supervising Children's Use" section has been changed to "Use by Children" and is more concise. • The"Library Staff Guidelines" has been removed. The City now has a policy in place for all employees. • The "Internet Usage Guidelines" has been changed because the library now has a Reservation Management System. The time limit is not defined in the new policy. Time limits will be imposed based on use patterns. • The sections "Rules for Internet Access" and "Internet Usage Guidelines" are now in one section titled "User Responsibilities." She reported that parental permission is still required for a minor 17 years of age and under; however, patrons 18 years of age and older will be able to accept the policy online. Council Action A motion was made by Councilwoman Spillyards, seconded by Mayor Pro Tern Byboth to approve amendments to the Rita and Truett Smith Public Library Computer Use Policy. A vote was taken and the motion passed 5-0 with Councilmen White and Porter absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2008-43, 2008-44, 2008-45, and 2008-46 into the official record. Mayor Hogue convened into work session at 9:15 p.m. WORK SESSION • Review City of Wylie Boards and Commission member totals and term limits. (J. Butters, Assistant City Manager) City Manger Manson addressed Council stating that two of the Council members had requested a work session be held to discuss the possibilities of including more of the many qualified boards and commissions' applicants that request to be placed on a Wylie board each year. Mayor Pro Tem Byboth explained to Council that in chairing and sitting on the Boards and Commissions Selection Panel for the past several years, there were many qualified residents that could not be placed on a board due to existing board members serving and wishing to be re-appointed. He suggested a couple of ways to allow new people to serve on these boards. He suggested increasing the number of board members on each board, setting term limits for Minutes—September 23, 2008 Wylie City Council Page 10 existing boards, or creating sub-committees for special projects that would include resident applicants. City Secretary Ehrlich explained that several of the boards were governed by the Home Rule Charter as to number of members and terms. She explained that changes to the Home Rule Charter required the amendments to be taken to the Wylie voters for approval. She noted that two of the boards were corporations and had number of members and terms as part of the articles of incorporation. Mayor Hogue suggested a possible way to include new members on the current boards was to actively recommend rotation of existing members to allow new applicants to serve. This could be accomplished through the interview selection process by recommending to Council new members; leaving some seasoned members for support. Direction to staff was to look at possible new sub-committees/advisory boards to assist staff with city projects. Sub-committee members would serve as long as the project specific task was underway. Look at volunteer work for applicants through departments on an "as-needed" basis. RECONVENE INTO OPEN SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 9:59 p.m. ADJOURNMENT With no further business before Council, a motion was made by Councilman Goss, seconded by Councilwoman Spillyards to adjourn the meeting at 10:00 p.m. A vote was taken and passed 5- 0 with Councilmen White and Porter absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—September 23, 2008 Wylie City Council Page 11 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 14, 2008 Item Number: B (City Secretary's Use Only) Department: Public Services Prepared By: Mike Sferra Account Code: 100-5132-56040 Date Prepared: October 1, 2008 Budgeted Amount: $45,000 Exhibits: One Subject Consider, and act upon, authorizing the City Manager to enter into a Facility Services Agreement, in the amount of$44,928,with Trane, Inc. Recommendation Motion authorizing the City Manager to enter into a Facility Services Agreement, in the amount of $44,928, with Trane, Inc. Discussion For the past three years, the Public Services Department has responded city wide to work order requests for facility maintenance. Personnel who are normally assigned to other duties in the Department must set aside their primary responsibilities in order to respond to facility maintenance issues. The current effort involves approximately 60 hours per month, plus additional administrative time spent on contacting multiple vendors, issuing purchase orders, and providing oversight to ensure that work orders are completed in a timely fashion. As part of the FY08-09 budget, a Facilities Service Agreement was requested as an Expanded Level of Service to address the need to properly maintain City facilities. Over the past several years, staff has coordinated with Trane, Inc. on several projects related to facility maintenance, i.e., air conditioning replacement at the Library, server room at City Hall, and the Community Center, heater replacement at Fire Station 1, the replacement of the roof at City Hall, HVAC repairs, and electrical repairs. Personnel from Trane also performed an energy audit of all City buildings at no charge, and in the process they became familiar with our building maintenance needs. They informed staff that Trane provides building maintenance services at competitive rates. Their clients include 129 buildings at DFW Airport and Raytheon. Trane is also involved with supplying equipment for the new Civic Center buildings. Staff compared the proposed Trane hourly rate and found that it is competitive with or better than the current hourly rate paid for similar services. The Trane hourly rate for services has already been bid as a commodity item on The Cooperative Purchasing Network (TCPN), and the City is a member of TCPN. Therefore, there is no need to conduct a separate bid process to determine a low bidder. The term of the contract is for one year with options for annual renewal. The proposed Facility Services Agreement with Trane, Inc. would provide 16 hours per week of outsourced facility maintenance. The City reserves the right to apply the 16 hours per week to fit the amount of work needed. For instance, the technician may work three days one week, one day the following week, and two days Page 1 of 2 Page 2 of 2 the following week. The total hours available for one year is 832, and this amount will not be exceeded. A qualified technician will be on site and capable of performing routine HVAC inspections and minor HVAC repairs, minor plumbing and electrical repairs, and light-duty maintenance such as lamp and ballast replacement, carpentry, painting, ceiling tile replacement, door repair, and preventive maintenance inspections. Trane will provide a vehicle for the technician, and the technician will coordinate closely with the Public Works Superintendent on prioritization and completion of all work orders. For continuity, Trane will assign one technician to the City facilities, subject to City approval, and the technician will become familiarized with the various buildings. The benefits of outsourcing facility maintenance include: • The City buildings will be maintained in a more professional and responsive manner. • City personnel can fulfill their primary duties without interruption to address facility work orders; • One vendor will be able to address multiple needs, thus reducing the amount of administrative time spent on contacting multiple vendors and producing and processing multiple purchase orders; • Time can be spent to perform preventive maintenance which will result in more proactive approach to addressing facility maintenance needs instead of the current reactive approach; and • The City is not burdened with personnel issues of employee recruitment, training, retention, benefits, etc. Trane will be responsible for these matters. By entering into the agreement at this time and gauging the level of performance, the City will be in a position to determine if additional facility maintenance functions such as generator maintenance, fire sprinkler/extinguisher inspections, pest control management, custodial services, grounds keeping, etc. might be incorporated into the agreement at some point in the future or if the agreement could be applicable toward maintaining the new Civic Center once constructed. Approved By Initial Date Department Director MS 10/1/08 City Manager / ' (Di? /d?� AGREEMENT FOR FACILITY SERVICES This Agreement (the "Agreement") is made and entered into this the 14th day of October, 2008, by the City of Wylie, Texas (hereinafter called "City"), a Texas municipal corporation, and Trane, Inc. a Texas corporation(hereinafter called"Contractor" or"Trane"). WITNESSETH: WHEREAS, the City currently requires its Public Services Department to respond to city wide work order request for facility maintenance; and WHEREAS, responding to such work order requests requires personnel who are normally assigned to other duties to set aside their primary responsibilities in order to respond to facility maintenance issues; and WHEREAS, the City desires to hire a contractor to provide sixteen (16) hours per week of facility maintenance; and WHEREAS, Trane has expressed an interest in providing such facility maintenance services to the City. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1. Scope of Services. Trane shall provide such services, equipment and supplies upon the terms and conditions set forth in the Agreement Documents and shall furnish all personnel, labor, equipment, supplies and all other items necessary to provide all of the work as specified by the terms and conditions of the Agreement Documents (sometimes referred in the Agreement Documents as the "Work"). The Work described in the Agreement Documents shall be provided by Trane for the maintenance of all buildings and facilities owned by the City (sometimes referred in the Agreement Documents as the "Premises"). Trane's obligation is limited to the Work as defined and does not include any modifications to the Premises under the Americans With Disabilities Act or any other law or building code(s). 2. Term. Performance of services by Trane under this Agreement shall begin on October 15, 2008 and end on October 15, 2009 unless otherwise agreed by the parties in writing. City may renew this Agreement for two (2) additional one (1) year terms by providing notice of intent to renew in writing to Trane thirty (30) days prior to the end of any annual term. If Trane intends to increase the price of their services for the following term, they must submit updated pricings to the City at least sixty (60) days prior to the end of the then current term. AGREEMENT FOR FACILITIES MAINTENANCE SERVICES Page 1 530067.vl 3. Agreement Documents. The "Agreement Documents", as that term is used herein, shall include the following documents, and this Agreement does hereby expressly incorporate same herein as fully as if set forth verbatim in the Agreement: A. This Agreement; B. The Statement of Work attached hereto as Page 1 of Attachment"A"; C. Facilities Services Scope of Work attached hereto as Page 2 of Attachment"A"; and D. HVAC Scheduled Maintenance Scope of Service attached hereto as Page 3-4 of Attachment"A". To the extent that Attachment "A" is in conflict with provisions of this Agreement, the provisions of this Agreement shall prevail. 4 Contract Price. In exchange for the Services described in the Agreement Documents, the City agrees to pay forty-four thousand nine hundred twenty eight dollars and no cents ($44,928.00) per year to Trane, broken up into monthly payments of three thousand seven hundred forty- four dollars and no cents ($3,744.00) per month, plus applicable taxes. The Contract Price includes standard ground transportation and all sales, consumer, use and similar taxes legally enacted as of the date hereof only for equipment and material installed by Trane and labor as required by law. Equipment sold on an uninstalled basis does not include sales tax and applicable taxes will be added. 5. Payment Terms. City shall pay Trane's invoices within net thirty (30) days of invoice date. Trane may invoice City for all equipment or material furnished, whether delivered to the installation site or to an off-site storage facility and for all work performed on-site or off-site. No retention shall be withheld from any payments except as expressly agreed in writing by Trane, in which case retention shall be reduced per the contract documents and released no later than the date of substantial completion. Under no circumstances shall any retention be withheld for the equipment portion of the order. If payment is not received as required hereby, Trane may suspend performance and the time for completion shall be extended for a reasonable period of time not less than the period of suspension. City shall be liable to Trane for all reasonable shutdown, standby and start-up costs as a result of the suspension. All amounts outstanding 10 days beyond the due date are subject to a service charge not to exceed 1.5% of the principal amount due or the maximum allowable legal interest rate, retroactive to the due date. City shall pay all costs (including attorneys' fees) incurred by Trane in attempting to collect amounts due and otherwise enforcing these terms and conditions. AGREEMENT FOR FACILITIES MAINTENANCE SERVICES Page 2 530067.v1 6. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein. All provisions of the Agreement Documents shall be strictly complied with and conformed to by Trane and the City, and no amendment to the Agreement Documents shall be made except upon the written agreement of the parties, which shall not be construed to release either party from any obligation of the Agreement Documents except as specifically provided for in such amendment. 7. Insurance. Trane shall procure and keep in full force and effect throughout the term of this Agreement insurance in the amount and kind agreed upon by both Parties. . 8. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 9. Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, TRANE, ITS OFFICERS, DIRECTORS, PARTNERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES (COLLECTIVELY REFERRED TO AS "CONTRACTOR" FOR PURPOSES OF THIS SECTION), AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS OFFICERS, COUNCIL MEMBERS, REPRESENTATIVES, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO AS "CITY" FOR PURPOSES OF THIS SECTION) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, INJURIES (INCLUDING DEATH) LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS OF DEFENSE) ARISING DIRECTLY OR INDIRECTLY OUT OF THE OPERATION OR PERFORMANCE OF CONTRACTOR UNDER THIS AGREEMENT. THE CITY WILL NOT ACCEPT LIABILITY FOR INJURIES THAT ARE THE RESULT OF THE NEGLIGENCE, MALFEASANCE, ACTION OR OMISSION OF CONTRACTOR. CONTRACTOR AGREES TO ACCEPT LIABILITY FOR INJURIES TO ITSELF OR OTHERS CAUSED BY ITS OWN NEGLIGENCE, MALFEASANCE, ACTION OR OMISSION. THIS INDEMNIFICATION PROVISION IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE,KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN CONTRACTOR AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH TRANE,INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR AGREEMENT FOR FACILITIES MAINTENANCE SERVICES Page 3 530067.v1 LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT,CONTRACT OR OTHERWISE. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY OWNER IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CITY'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CITY'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. OWNER SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF OWNER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND OWNER SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 10. Time For Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of Trane, all dates provided by Trane or its representatives for commencement, progress or completion are estimates only. While Trane shall use commercially reasonable efforts to meet such estimated dates, Trane shall not be responsible for any damages for its failure to do so. 11. Access. Trane and its contractors or subcontractors shall be provided access to the Premises during regular business hours, or such other hours as may be requested by Trane and acceptable to the Premises' owner or tenant for the performance of the Work, including sufficient areas for staging, mobilization, and storage. Trane's access to correct any emergency condition shall not be restricted. 12. Permits And Governmental Fees. Trane shall secure and pay for building and other permits and governmental fees, licenses, and inspections necessary for proper performance and completion of the Work, which are legally required when bids from Trane's subcontractors are received, negotiations thereon concluded, or the effective date of a relevant Change Order, whichever is later. City is responsible for necessary approvals, easements, assessments and charges for construction, use or occupancy of permanent structures or for permanent changes to existing facilities. 13. Utilities During Construction. Trane shall be provided without charge all water, heat, and utilities during performance of the Work. AGREEMENT FOR FACILITIES MAINTENANCE SERVICES Page 4 530067.v1 14. Concealed Or Unknown Conditions. In the performance of the Work, if Trane encounters conditions at the Premises that are (i) subsurface or otherwise concealed physical conditions that differ materially from those indicated on drawings expressly incorporated herein or (ii) unknown physical conditions of an unusual nature that differ materially from those conditions ordinarily found to exist and generally recognized as inherent in construction activities of the type and character as the Work, Trane shall notify City of such conditions promptly, prior to significantly disturbing the same. If such conditions differ materially and cause an increase in Trane's cost of, or time required for, performance of any part of the Work, Trane shall not be required to perform under this Agreement with regard to that portion of the Work with the concealed or unknown condition, until a change order is signed by both parties, accounting for an equitable adjustment of the contract price. 15. Asbestos And Hazardous Materials. Trane's Work and other services in connection with this Agreement expressly excludes any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos, polychlorinated biphenyl ("PCB"), or other hazardous materials (hereinafter, collectively, "Hazardous Materials"). City warrants and represents that, except as set forth in a writing signed by Trane, there are no Hazardous Materials on the Premises that will in any way affect Trane's Work and City has disclosed to Trane the existence and location of any Hazardous Materials in all areas within which Trane will be performing the Work. Should Trane become aware of or suspect the presence of Hazardous Materials, Trane may immediately stop work in the affected area and shall notify City. City will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. City shall be exclusively responsible for any claims, including the payment thereof, arising out of or relating to any Hazardous Materials on or about the Premises, not brought onto the Premises by Trane. Trane shall be required to resume performance of the Work in the affected area only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Trane be obligated to transport or handle Hazardous Material, to provide any notices to any governmental agency, or to examine the Premises for the presence of Hazardous Materials. 16. Conditions Beyond Control Of Parties. If Trane shall be unable to carry out any material obligation under this Agreement due to events beyond its control, such as acts of God, governmental or judicial authority, insurrections, riots, labor disputes, labor or material shortages, fires, or explosions, this Agreement shall at Trane's election (i) remain in effect but Trane's obligations shall be suspended until the uncontrollable event terminates; or (ii) be terminated upon ten (10) days notice to City, in which event City shall pay Trane for all parts of the Work furnished to the date of termination. 17. Breach. Each of the following events or conditions shall constitute a breach and shall give the other party the right, without an election of remedies, to terminate this Agreement by delivery of written notice declaring termination: (a) Failure by City to pay amounts due more than thirty (30) days after the date of the invoice thereof; and/or (b) Failure by the other party to perform or comply with any material provision of this AGREEMENT FOR FACILITIES MAINTENANCE SERVICES Page 5 530067.vl Agreement. If the breach relates to the City's failure to pay, the City shall to Trane for all Work furnish to date. 18. Workmanship And Equipment Warranty. Trane warrants that, for a period of one year from the date of substantial completion (the "Warranty Period"), Trane equipment installed hereunder and Work (i) shall be free from defects in material, manufacture, and workmanship and (ii) shall have the capacities and ratings set forth in Trane's catalogs and bulletins; substantial completion shall be the earlier of the date that the Work is sufficiently complete so that City can utilize the Work for its intended use or the date that City receives beneficial use of the Work. For Trane equipment not installed by Trane, the Warranty Period is the lesser of 12 months from initial start-up or 18 months from the date of shipment. If such defect is discovered within the Warranty Period, Trane will correct the defect or furnish replacement equipment (or, at its option, parts thereof) and, if said equipment was installed pursuant hereto, labor associated with the replacement of parts or equipment not conforming to this warranty. Equipment and/or parts that are not manufactured by Trane are not warranted by Trane and have such warranties as may be extended by the respective manufacturer. Trane's warranties expressly exclude any remedy for damage or defect caused by corrosion, erosion, or deterioration, abuse, modifications or repairs not performed by Trane, improper operation, or normal wear and tear under normal usage. Trane shall not be obligated to pay for the cost of lost refrigerant. 19. Consideration. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. 20. Venue. This Agreement shall be construed under and in accordance with the laws of the State of Texas and venue shall be in Collin County, Texas, where the services will be paid for. 21. Binding Effect. This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement. 22. Ordinances. Except as specifically provided in the Agreement Documents, the parties agree that Trane shall be subject to all Ordinances of the City, whether now existing or in the future arising. 23. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties AGREEMENT FOR FACILITIES MAINTENANCE SERVICES Page 6 530067.vl or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof 24. Assignment. This Agreement may not be assigned without the expressed written consent of both Parties. If mutual written consent is given, this Agreement shall be binding upon and inure to the benefit of all successors and assigns. 25. Sovereign Immunity. The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 26. Notice. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or b delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Trane, to: Trane, Inc. Attn: 1400 Valwood Parkway, Suite 100 Carrollton, Texas 75006-8336 If to City, to: City of Wylie Attn: City Manager 2000 North Highway 78 Wylie, Texas 75098 27. Severability. In case 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 any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 28. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 29. Miscellaneous Drafting Provisions. AGREEMENT FOR FACILITIES MAINTENANCE SERVICES Page 7 530067.v1 This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. IN WITNESS,WHEREOF, we, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals on this the 14th day of October, 2008. CITY OF WYLIE, TEXAS a Texas municipality By: Mindy Manson, City Manager ATTEST: APPROVED AS TO FORM: Carole Ehrlich, City Secretary ABERNATHY, ROEDER, BOYD & JOPLIN, P.C. Claire E. Swann, City Attorney TRANE, INC., a Texas corporation, By: Printed Name: Its: AGREEMENT FOR FACILITIES MAINTENANCE SERVICES Page 8 530067.v1 STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mindy Manson, known to me to be one of the persons whose names are subscribed to the foregoing instrument; she acknowledged to me she is the duly authorized representative for the CITY OF WYLIE, TEXAS and she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2008. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for Trane, Inc. and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2008. Notary Public in and for the State of Texas My Commission Expires: AGREEMENT FOR FACILITIES MAINTENANCE SERVICES Page 9 530067.vl Attachment "A" Statement of Work Facilities Services, Scope of Work HVAC Scheduled Maintenance, Scope of Service AGREEMENT FOR FACILITIES MAINTENANCE SERVICES Page 10 530067.vl Trane Facilities Service Agreement-City of Wylie TRANE® ATTACHMENT A Statement of Work Trane will provide management and supervision of the facility-related services at the City of Wylie facility listed below. These services are defined in our detailed proposal and outlined below. This program has the flexibility of charging you for only the actual cost of performed maintenance. Trane will act as your Facility Manager to ensure that your building is maintained properly to protect your investment. Cost effective and productive methodologies that are employed by Trane to assure a sound business investment. Our firm possesses the comprehensive resources that are needed to respond to all eventualities 24 hours per day, 7 days a week. State of the art computerized preventive maintenance systems guarantee timely maintenance based on established methods and procedures. In addition to routine and program activities, Trane stands ready to perform special projects ranging from electrical system expansion through major construction projects. We remain totally flexible. These projects may be accounted for on a bid basis or time and material basis. Your business is directly affected by how expertly your facility is operated. It is the intent of Trane to maintain your facility in a manner that is superior to most in the industry. It is this approach that we use on all of our client's properties. The following location is included in this scope of services: ➢ CITY OF WYLIE- ALL BUILDINGS Wylie, Texas ©American Standard Inc.2005,All Rights Reserved. Page 1 of 4 Trane Facilities Service Agreement 530072.v 1 Trane Facilities Service Agreement- City of Wylie ATTACHMENT A • TRE® Facilities Services Scope of Work Provide a part-time Building Maintenance Technician for the City of Wylie facility. The technician will be on site 2 days per week. His duties will include but not be limited to the following: ➢ Inspections on all HVAC equipment ➢ Minor HVAC repairs (Filters, Belts, etc.) ➢ Routine plumbing system repairs ➢ Routine electrical system repairs ➢ Tour facility during weekly visit, replacing bad light bulbs and ballasts as required ➢ All exit signs inspected monthly ➢ Minor lock installation and repair ➢ Minor wall repair ➢ Minor door repair and maintenance ➢ Ceiling tile replacement ➢ Minor upkeep of interior site painting ➢ 24 hour Emergency Response to major utility outages and maintenance emergencies *Note -After-hours cost will be billed at contract customers preferred rate ➢ General Inspection of All buildings - Any building problems found on tour will be noted and brought to the attention of your Trane project manager ©American Standard Inc. 2005,All Rights Reserved. Page 2 of 4 Trane Facilities Service Agreement 530072.v1 Trane Facilities Service Agreement- City of Wylie ATTACHMENT A TRANE® HVAC Scheduled Maintenance Scope of Service Trane will provide Preventive Maintenance for Heating, Ventilation and Air Conditioning Equipment. These services will consist of the scheduled maintenance on the equipment listed below. Equipment to include all HVAC Equipment at all sites. EQUIPMENT TO BE SERVICED: ROOF TOP/SPLIT UNITS MAINTENANCE 1. SCHEDULED ANNUAL MAINTENANCE —One (1) inspection during the year will be made to include a). Check main starter, tighten all starter terminals and check contacts for wear. b). Tighten motor terminals and control panel terminals. c). Check crankcase heater. d). Check external interlocks. e). Lubricate fan bearings. f). Inspect and adjust belt alignment and tension. (belts replaced as needed, provided by owner) g). Check damper operation. Lubricate and adjust as required. h). Inspect filters. Replace as needed. (Filters provided by owner) i). Check combustion blower and clean if required. j). Inspect heat exchanger. k). Check gas pressure to unit and/or at manifold (if applicable). I). Inspect flame condition. m).Verify integrity of the flue system. n). Check and calibrate operating controls. o). Electric heat option. p). Inspect electrical connections and contactors. q). Verify operation of heating elements. r). Measure voltage and amp draw of heating elements. 2. SCHEDULED PREVENTIVE MAINTENANCE —Three (3) inspections during the operating season will be made to include the following: a). Make operating log of temperatures, pressures, voltage and amperages, etc. b). Check and adjust operating and safety controls. c). Check operation of crankcase heater. d). Inspect and adjust belt alignment and tension. (Belts replaced as needed, provided by owner) e). Check operating log with operator; discuss operation of the machine generally. f). Inspect filters and replace as needed. (Filters provided by owner) g). Check operation of burner or heating elements (where applicable) h). Check operation of motor and starter. i). Check heating controls (in season) j). Check gas burner or heating element operation (in season) ©American Standard Inc. 2005,All Rights Reserved. Page 3 of 4 Trane Facilities Service Agreement 530072.v 1 Trane Facilities Service Agreement-City of Wylie Report to operator any uncorrected deficiencies noted. ➢ Preferential Service and Contract Service Rate ➢ This contract includes preferential service to the customer over non-contract customers. For work outside the scope of service, the specified contract rate applies. This rate is subject to adjustment only at each annual anniversary ➢ Emeraency Service ➢ Emergency service and repairs are available on a 24-hour-per-day basis and will be invoiced at the prevailing straight time or overtime contract rate ➢ Contract Customer will receive rates as per attachment Labor Rate Summary Service Summary Service Summary: Frequency: On site Maintenance Technician 2 days per week Labor Rate Summary Discounted Service Labor Rates Straight Over Time Premium Summary for Contract Customer Time Time On site Maintenance (1) person $54.00 $81.00 $108.00 HVAC Technician— Light Commercial $86.00 $129.00 $172.00 Electrician-Journeyman $85.00 $127.50 $170.00 ➢ All major repairs such shall be quoted by Trane Account Manager and submitted for approval by City of Wylie. ©American Standard Inc. 2005,All Rights Reserved. Page 4 of 4 Trane Facilities Service Agreement 530072.v 1 Wylie City Council AGENDA REPORT CITY OF WYLIE Meeting Date: October 14, 2008 Item Number: C (City Secretary's Use Only) Department: Planning Prepared By: Renae 011ie Account Code: Date Prepared: 10/14/08 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, Ordinance No. 2008-47 amending Comprehensive Zoning Ordinance 2001-48, Article 6, Section 6.3 Downtown Historic District and the Official Zoning Map as it relates to district boundaries and design standards. Recommendation Motion to approve Ordinance No. 2008-47 amending Comprehensive Zoning Ordinance 2001-48, Article 6, Section 6.3 Downtown Historic District and the Official Zoning Map as it relates to district boundaries and design standards. Discussion To amend, supplement, or change the regulations provided in the Zoning Ordinance requires passage of an Ordinance making the appropriate amendments; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The request to extend the boundaries of the DTH and redefine better transition points and to establish clear and concise guidelines for new and renovated structures allows for the preservation of the historic and architectural character of the area. Zoning Ordinance 2001-48 Article 6, Section 6.3 (DOWNTOWN HISTORIC DISTRICT - DTH), of the Comprehensive Zoning Ordinance of the City, is amended herein by the granting of this Ordinance. Approved By Initial Date Department Director RO 10/14/08 City Manager AM `v/ O ieC Page 1 of 1 ORDINANCE NO. 2008-47 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 2001-48 OF THE CITY OF WYLIE, TEXAS,BY AMENDING ARTICLE 6 SECTION 6.3 DOWNTOWN HISTORIC DISTRICT (DTH) REGULATIONS AND TO THE OFFICIAL ZONING MAP AS IT RELATES TO DISTRICT BOUNDARIES AND DESIGN STANDARDS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Zoning Ordinance No. 2001-48, Article 6, Section 6.3 Downtown Historic District and the Official Zoning Map as it relates to district boundaries and design standards. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification, said property being described in Exhibit "A" (Location Map) attached hereto and made a part hereof for all purposes. SECTION 2: Amendment to Zoning Ordinance No. 2001-48 The City of Wylie's Comprehensive Zoning Ordinance No. 2001-48 Article 6, Section 6.3 Downtown Historic District is hereby amended to read as shown in Exhibit B (attached). SECTION 3: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the Ordinance No.2008-47 Amending Comprehensive Zoning Ordinance Amending Article 6, Section 6.3 Downtown Historic District(DTH) repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of October, 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—October 22,2008 Ordinance No.2008-47 Amending Comprehensive Zoning Ordinance Amending Article 6, Section 6.3 Downtown Historic District(DTH) - T. •,L. d ..\ , , -_---_------------ 1,11-- -r- - - •- _ eefer ree O 1 r - _ ;_ Callas qua Rapid i ; Transit Raiiway \ i Birmin ham Aven mii. IIN � cn 0 _ IN m um Jackson Avenue Q N I ! m 1 rm -(6 g \ Ballard Avenue m I y - I IIIIIIII ' \ ,\. ..7 mam.E.L...E.E.cli CO (D \ First Street I First Street I -• - a KN9( I i Q4�p \ �r - IP , —•. g Second Street %9, Second Street 1 1 1 i D 4 N \ ..\,, .. .. .. CI Third Street I I I I-- —I l a I II 1 1 \ — LITYOFWYLIE Zoning Ordinance EXHIBIT "B" SECTION 6.3 DOWNTOWN HISTORIC DISTRICT (DTH) A. Purpose Wylie's downtown has been identified by the Comprehensive Plan as a valuable resource worthy of preservation as a historic district. This district provides development and design standards that preserve the historic and architectural character of existing development, provides for adaptive reuse of existing buildings, and the compatibility of new structures and uses with the historic nature of downtown. B. District Boundaries 1. The Downtown Historic District(DTH) is generally bounded by State Highway 78 on the south, Brown Street on the north, the east side of Birmingham Street on the west, and the rear property of lots facing the east side of Second Street to the east. These boundaries are shown on the map in Figure 6-1 for informational purposes. 2. The precise boundaries of the Downtown Historic District shall be shown on the official zoning map of the City of Wylie. The boundaries of the Downtown Historic District may be amended from time to time based on a request from area property owners, a request of the staff, the Commission, or at the pleasure of the Council. In considering a request for a change in district boundaries,the Council shall require: a. Any additions to the district shall be contiguous to the existing boundaries of the district; b. Any reductions in the district shall be located on the edge of the district such that a hole is not left inside the district; and c. If requested by a property owner, a petition shall be presented showing owners of more than 50 percent of the land within the district, excluding streets, and owners of more than 50 percent of the building sites in the district are in support of the requested change in boundaries. Page 1 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS ti CrrYOFWYur Zoning Ordinance r r �,f �I I r I I I. Brown Sreef r•INNuse��nwsrrsoso.mr...�i. ..m I _ _ _ ersangEl •+�li i%`_ CI - _" y -F ....j9 I-- ---ii-- ® L _4 — Ma a eet x "r„/ Ass A [ j( L ! i!I ak o Street ml. 40. ,, , s/r ' [ +'I.._. I I.10 0 b.. : , I. Masters c Avenue r . � '9)-----7 El a.6...v v-a i.v.•....O 11 Al aaww..lh.y......Vo.a L ..w C. General Provisions 1. Site plan and design review submitted to the Planning Department is required for new construction and substantial renovation of existing buildings within the Downtown Historic District. Substantial renovation means: a. Alterations to the exterior of existing buildings that change the placement or design of windows, doors or other exterior features of the building such as coping or pilasters; b. An increase in the floor area of the building greater than 10 percent. c. Adding new exterior building materials that do not match the existing materials. 2. Interior renovation of existing buildings that do not alter the exterior appearance of the building do not require site plan and design review under the provisions of this article.(e.g., a drop ceiling that covers part of an existing window would alter the exterior appearance and require review) 3. Physical properties of an existing building such as setbacks, foot prints, height, or other similar characteristics that cannot be altered without substantial hardship are not required to meet the development or design standards within this article. All other provisions shall apply. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 2 CITY OF WYLIE Zoning Ordinance D. Permitted Uses 1. The Downtown Historic District may contain any combination of uses shown in the Use Chart in Article 5, Section 5.1. 2. Within the Downtown Historic District there are both residential and nonresidential uses which may be located in either residential structures or commercial structures. To maintain the architectural and historic character of existing blocks where one type of structure predominates, the following regulations shall apply. a. Residential uses may be in residential structures or commercial structures. Residential uses in commercial structures are only allowed if they occupy less than 40 percent of the floor area of the building; and do not occupy the area adjacent to the street front. b. Nonresidential uses may be in residential or commercial structures. Nonresidential uses in residential structures must be in those blocks where existing residential structures predominate. c. In block faces within the District that are currently developed with residential structures, new construction shall be of historic design. Either residential or nonresidential uses may be located in the residential structures. d. In block faces within the Downtown Historic District that are currently developed with commercial structures, new construction shall be of historic design. E. Downtown Historic District Development and Design Standards 1. All properties must meet requirements provided in this section for Site Design, and Architectural Standards. 2. Purpose of Downtown Historic District Design Standards. The purpose of these design standards is to ensure the preservation of the historic and architectural qualities which make the Downtown Historic District a unique place by permitting new development compatible with existing historic buildings and by maintaining the historic and architectural qualities of existing buildings. a. Site Design Standards. The purpose of the Site Design Standards is to provide for building and parking placement compatible with existing development. b. Architectural Standards. The purpose of the Architectural Standards is to provide for the preservation of existing historic and architectural qualities of Downtown Wylie, ensure new construction is compatible with these qualities, and to protect and promote the uniqueness of downtown as a commercial area. 3. Design Standards Review. All new development shall comply with the Site Design Standards included in Subsection 4, and the Architectural Standards in Subsection 5. 4. Site Design Standards a. Building Placement-Commercial Structures (1) Buildings shall be placed on the front property line. Buildings may be moved back from the front property line a total of four feet to provide for wider sidewalks and entries, if: The buildings takes up an entire block face; or is located on a corner; or has a total frontage of more than 50 percent of the block face. (2) New commercial structures shall be allowed only in block faces which are predominately developed with existing commercial structures, or are predominately vacant land. Page 3 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS CITY OF WY LIE Zoning Ordinance (3) Buildings shall be placed on the side property line. Buildings may be moved back from the side property line a total of four feet to provide for wider sidewalks and entries when the side property line is along a street. (4) Buildings that go through a block so that they have frontage on two parallel streets, shall treat each frontage as a main facade. (5) All service areas and loading shall be from the alley. (6) New commercial structures shall construct at least a six(6)foot wide side walk. b. Building Placement-Residential Structures (1) New single family residential structures are only allowed in blocks which are predominately developed with existing residential structures. (2) Residential structures shall conform with the front yard, side yard and rear yard setbacks of existing residential buildings on the block face. Front yard and rear yard setbacks will be deemed to be in conformity if they are within five feet of the average of the existing setback on either side of the new construction. Side yard setbacks shall be no closer than the side yard setback adjacent to the new construction or 20 feet whichever is less. On corner lots, side yards shall be treated as front yards and shall be the same as that required for the primary front yard. (3) Accessory structures such as garages, sheds, greenhouses etc. shall be located in a separate structure behind the rear edge of the main building and comply with side and rear yard setbacks. (4) New residential structures shall construct at least a six(6)foot wide side walk. c. Parking Placement for Residential and Nonresidential Uses (1) Parking for single family residential use shall be on site and conform to standards for residential uses in other single family districts. (2) Parking for nonresidential uses in commercial structures must be provided off- site from the main use or behind the use with access from the alley if applicable. Required parking for all lots fronting Birmingham Street must have on-site parking and can be placed in front, on the side or to the rear of the main building. (3) Parking for nonresidential uses in residential structures shall be behind and/or to the side of the main structure, provided no parking spaces are closer to the front of the main building than the mid-point of the side facade. Required parking for all lots fronting Birmingham Street must have on-site parking and can be placed in front, on the side or to the rear of the main building. (4) Existing nonresidential uses may be renovated, reconstructed, and expanded up to 10 percent of their original floor area without having to comply with these parking standards. (5) New construction of commercial structures less than 4,000 square feet which is placed in a block face with existing historic commercial buildings shall not be required to provide off-street parking. (6) New construction of commercial structures over 4,000 square feet will be required to provide off-street parking under the following standards: Page 4 //1(,CITY OF WYLIE Zoning Ordinance (a) Up to 25 percent of the required parking can be provided by on-street parking in front or to the side of the building. (b) The remainder of the required parking can be provided by off-site parking facilities within 1,000 feet of the site. No off-street parking can be developed with frontage on Ballard Street or the block face on the east side of Jackson Street. (c) Upon a finding that a parking reduction is necessary to preserve historic buildings and maintain the design integrity of the Downtown Historic District, the Commission may grant parking variances up to a maximum of 75 percent of the required parking. (7) Off-street parking lots with over 20 spaces are required to have landscaping and lighting that meets the standards for other nonresidential developments. (Article 4, Section 4.3) 5. Architectural Design Standards a. Street Facade—Commercial Structures (1) Primary street facades for nonresidential buildings in the Downtown Historic District shall have the following basic features of existing historic buildings: (a) Cornice at top of facade; (b) Display windows with transom windows above and lower window panels below. (c) Pilasters that divide the facade vertically and separate the display windows units into discrete visual elements. (d) Second floor windows, recessed with multiple lights, lintels, and sills. (2) Architectural elements such as doors, windows, awnings, canopies and architectural details shall be compatible with the overall visual qualities existing within the historic buildings downtown. Maintain as much of the original basic facade as possible. The basic facade consist of three parts: the storefront, with large display windows and transom; the upper facade, with large regularly spaced windows; and the decorative cornice. (3) Choice of color for the primary facade, various architectural elements, or details shall be in conformance with the color scheme existing within downtown and appropriate for the historic and architectural character of the commercial structure. (Sherwin Williams Preservation Palette, Valspar Historic Color Palette or equal would be an approved color palette) (4) In addition to the above, all commercial structures shall have at least two of the following desirable design features as appropriate: (a) Street facades on side streets that meet the requirements for primary facades; or (b) Buildings on corners which create a diagonal corner cut with the entrance on the corner; or (c) Pediments added to the top of the facade; or (d) Decorative brickwork and architectural detailing on or around the cornice, fascia, pilasters, or around windows; or (e) Use of natural wooden doors with glass windows; or (f) Projecting canopies and or awnings placed over the ground floor windows and doors Page 5 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS CITY of WYL E Zoning Ordinance Pediment Cornice _ 4 11 1 K �r i f<F e� Cornice WMA 1 "AIVVIIzy --Brick Brick Work Window Lintel - - ;I Upper Window Sash — - - — Facade Window Sill _ Fascia Sign Board , Transom t7 - Windows pll 1 i f Display Windows Jl T I Storefront Lower Window Panels � Pilaster Figure 6-2 Typical Features of Commercial Structures in the Downtown Historic District b. Street Facade—Residential Structures (1) Residential structures within the Downtown Historic District shall have the following basic features of existing residential structures in the district, as appropriate to the architectural style of the building. These features are depicted in the following illustration for definitional purposes. (a) Covered porches integrated into the front facade of the main structure; (b) Multiplicity of roof forms; (c) Columns and railings defining porch; (d) Windows with multiple lights; (e) High pitch roof lines; and (f) Architectural detailing of gables, window and door casings, eave lines, and foundations. (2) Residential structures shall face the main street. (3) Residential structures that have a room projecting from the primary line of the front facade shall have a covered porch across the inset portion of the facade. (4) Residential structures which do not have any projecting rooms shall have a covered porch across at least two thirds of the width of the facade. (5) Porches on residential structures shall be covered with a roof that is integral to the main roof of the structure, or covered with a roof that is a substantial architectural element integral to the design of the front facade. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 6 //1(CITY OFWYLIE Zoning Ordinance (6) Porches shall have columns and railings around the edge of the porch except for the entrances steps. (7) Choice of color for the primary facade,various architectural elements, or details shall be in conformance with the color scheme appropriate for the architectural style of the residential structure. (Sherwin Williams Preservation Palette, Valspar Historic Color Palette or equal would be an approved color palette) /J LMultiplicity of roof forms (/., , -11-__Th:} ,1:7--- ,,,,,,sq - __=,_ \ El Eno . ��II m , ilinn IU -- —i ': arm ' iiiU' = unuim=- uu n Windows w/multiple lights Skirting Porch columns and railings .. ,� ,` - Architectural Tetaits— High pitch roof 1 ''ri . . Covered porches with columns and rails Figure 6-3 Typical Features of Residential Structures in the Downtown Historic District (8) In addition to the above all residential structures shall have at least two of the following desirable design features as appropriate: (a) Use of skirting along the base of the building, in a manner appropriate to the architectural design of the building. Skirting materials shall be durable, suitable for exterior exposure, and installed in accordance with the manufacturer's installation instructions. Skirting shall be secured as necessary to ensure stability, to minimize vibrations, or minimize susceptibility to wind damage; or (b) Use of foundation plantings to soften and conceal the foundation; or (c) Use of architectural detailing appropriate to the architectural style of the building. Architectural detailing includes but is not limited to elements such as carving in porch rails, turned stiles, use of ornamentation around windows, doors, eave lines, porches, and decorative windows and materials within gables. c. Building Proportions-Commercial Structures (1) Overall height of single story commercial buildings in the Downtown Historic District shall be between 18 and 26 feet. Page 7 CITY OF WYLIE Zoning Ordinance (2) The proportion of the height to width of the facade between pilasters shall be in the range of 2.5 to 1 to 3 to 1. The basic window units shall be between 2 to 2.5 times the remaining height to the top of the cornice. (3) The ground floor facade shall have at least 45 percent of its area in transparent windows, or doors. The second floor facade shall have at least 20 percent of its area in windows. The area of windows includes any mullions framing individual lights within the window frame. (4) The building height shall not exceed thirty-five (35') feet at the highest point of the cornice and up to forty (40') feet for architectural elements including but not limited to turrets, pinnacles and pediments. d. Building Proportions—Residential Structures (1) Residential structures within the Downtown Historic District may be a maximum of two stories in height, so long as the second floor is located under the roof over the first floor. Dormers and/or windows in the gable end of the roof shall be used to provide light and air. (2) Residential structures shall have a minimum roof pitch of 8:12. (3) The building height shall not exceed thirty-five (35') feet at the roof ridge and up to forty (40') feet for architectural elements including but not limited to turrets, pinnacles. e. Building Materials- Commercial Structures The base facade materials for commercial structures within the Downtown Historic District shall be brick or stone. Architectural details, trim, window or door framing may be wood, stone, cast stone, cast iron, or other materials compatible with the historic and architectural character of the Downtown Historic District. f. Building Materials—Residential Structures (1) The primary exterior material for residential structures within the Downtown Historic District shall be wood siding and/or composite masonry materials having a wood pattern. (2) The width of the siding shall be between four and five inches in width. (3) Renovation to existing residential structures should use materials which are compatible with the existing residential structure. Adherence to these material standards are encouraged where appropriate and/or possible. (4) Vertical siding is prohibited. (5) All development is defined by the base, middle and roof elements with particular attention to the front façade as this is the section that defines the character of the streetscape for the DTH. See Figure 6-4. g. Fencing—Commercial Structures Any fencing for commercial structures within the Downtown Historic District shall be in the rear of the building not visible from the street. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 8 Ciro of WYLIE Zoning Ordinance , j ' r 1 a Figure 6-4 Expression of Base,Middle and Roof Elements h. Fencing—Residential Structures (1) Fencing placed in the front of the residential structure shall be limited as follows: (a) Height not to exceed 3 feet; (b) At least 50 percent of the surface area of the fence shall be open and transparent; (c) Made from wood or wrought iron. Masonry or brick may be used for columns with wood or wrought iron fence panels; (d) Have the posts and rails facing the inside of the fence. (2) All fences placed in front of the residential building shall be decorative in design. (3) Fences placed behind the residential building shall conform to fencing requirements for single family development elsewhere in the city. 6. Signs PURPOSE: All signs in this section are applicable to the Downtown Historic District only and are not appropriate to any other zoning district. The purpose of this section is to regulate the construction of new signs and alterations made to existing signs and to ensure consistency and to preserve the Downtown Historic District as a desirable area that is pleasing and visually attractive. A. General Provisions: (1) Pole sign means any sign erected on a vertical framework consisting of one upright supported by the ground and where there is a physical separation between the base of the sign and the ground. (2) Signs shall be constructed of materials that are not subject to deterioration when exposed to the weather. Internally illuminated signs must be constructed of non-combustible material or approved plastics. Page 9 ti CITYOFWYLIE Zoning Ordinance (3) New signs should respect the size, scale and design of the historic building. (4) New signs should not obscure significant features of the historic building. (Signs above a storefront should fit within the historic signboard for example.) (5) No sign permitted under the regulations of this section shall be installed without first obtaining zoning clearance and a sign permit. B. Signs for Residential Structures (1) The sign area of any one face shall not exceed sixteen(16)square feet in area. The sign area of a pole sign shall not comprise more than seventy percent (70%)of the entire sign structure. (2) The maximum height of a pole sign structure shall be six (6) feet when no lighting is included. The maximum height of a pole sign structure shall be eight(8)feet when a globe type light is included. (3) Logos and symbols may be illuminated or backlit by fluorescent fixtures. The use of indirect lighting is also allowed. (4) The use of a fluorescent color on a sign is prohibited. (5) No more than one pole sign may be displayed on a premise at any given time. (6) The sign may be placed adjacent to the public right-of-way, provided it does not encroach on the sight visibility triangle and is a minimum of six feet from the outside face of curb. (7) Single acorn type luminaires, flutes, moldings or other traditional details are strongly preferred. See Figure 6-5. P'' rA7f_ 7-i-i: DAMS . . HEALING -. .`- . ,.A ,b1.`.'� — Figure 6-5 Typical Pole Sign Features for Residential Structures Page 10 CITYOWYLIE Zoning Ordinance --r C. Signs for Commercial Structures (1) The size of the sign shall be in proportion to the building and the neighboring structures and signs. (2) The total maximum allowable sign area for all signs is one square foot per linear frontage of a single tenant or multi-tenant building, not to exceed 64 square feet whichever is less. (3) Signs shall be mounted or erected so they do not obscure the architectural features or openings of a building. (4) No sign or portion of a sign shall extend above the cornice line at the top of the building face. Roof top signs are prohibited. (5) For buildings without a recognizable style, the sign shall adopt the decorative features of the building, utilizing the same materials and colors. (6) The structural materials of the sign should match the historic materials of the building. Wood, metal, stucco, stone or brick, is allowed. Plastic, vinyl or similar materials are prohibited. Neon, resin to give the appearance of wood, and fabric may be used as appropriate. (7) Attached signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are allowed. D. Window Signs Window signs do not require a permit or a permit fee. Window Signs must meet the following regulations: 1. Window Signs must not obscure more than 20 percent of the window area per facade. 2. No illuminated Window Signs shall be allowed within two feet of the window surface, except for open/closed signs. E. Awning Signs 1. An Awning may extend the full length of the wall of the building to which it is attached and shall be no more than six feet (6') in height and shall not be placed less than eight feet(8')above the sidewalk. 2. Artwork or copy on Awning Signs shall be limited to a business name and/or logo. 3. The artwork or copy for an Awning Sign shall not exceed twenty percent (20%) of the area of the Awning and shall extend for no more than sixty percent (60%) of the length of the Awning. Page 11 14( CITY of WYEIE Zoning Ordinance F. Projecting Signs 1. Signs shall be constructed of noncombustible material. 2. Signs shall not project more than three feet (3'), measured from the building face and shall not be closer than two feet(2')from the back of the curb line. 3. Bottom of the sign shall be at least 8 feet above the sidewalk. 4. Signs shall be compatible in design, shape, and material with the architectural and historic character of the building. 5. Signs shall not exceed sixteen(16) square feet per sign face. G. Canopy Signs 1. A Canopy Sign may be attached to, or be an integral part of the face of a canopy. 2. A Canopy Sign may consist of only the name and/or logo of the business at the location of the canopy. 3. The artwork or copy on a Canopy Sign shall not exceed ten percent of the face of the canopy, or a maximum of twenty-five (25) square feet, whichever is greater. 4. An illuminated stripe may be incorporated into a canopy. The stripe may extend along the entire length of the face of the canopy. The width or thickness of the stripe shall be limited to one-third of the vertical dimension of the face of the canopy. The internal illumination of a canopy is limited to the portions of the canopy face on which a sign or stripe is permitted. Page 12 tit Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 14, 2008 Item Number: D Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: 10/07/08 Budgeted Amount: $ 1,400,000 Exhibits: 3 Subject Consider, and act upon, award of a contract to Tri Con Services Inc., in the amount of $168,492.35, for the construction of a 12-inch water line along FM 1378 from Lakefield Drive to Brown Street. Recommendation Motion to award a contract to Tri Con Services Inc., in the amount of$168,492.35, for the construction of a 12- inch water line along FM 1378 from Lakefield Drive to Brown Street. Discussion On October 1, 2008, Staff opened sixteen bids for the construction of a 12-inch water line along FM 1378. The line extends from Lakefield Drive to Brown Street and provides water service to the new City facilities located on the east side of FM 1378. The construction of a 12-inch water line along FM 1378 from Lakefield Drive to Newport Harbor was identified in the City of Wylie Water and Wastewater Impact Fee Update 2005-2015 and the Water Distribution System 10-Year Capital Improvement Plan. The remaining portion of water line from Brown Street to Newport Harbor will be constructed with the paving improvements to FM 1378. The low bid was submitted by Tri Con Services, Inc. Tri Con is currently constructing the improvements to Ballard Avenue and they have also completed multiple projects in the City including the Kirby Street improvements. Certificates of Obligation in the amount of$7,750,000 were issued in 2007 for multiple water system projects. $1,400,000 was included for the construction of a water line along FM 1378 from Lakefield Drive to Newport Harbor. Approved By Initial Date Department Director CH 10/07/08 City Manager ID ) `ob Page 1 of 1 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 11910 Greenville Ave.,Suite 600 Dallas,Texas 75243 Fax(214)361-0204 Phone(214)361-7900 JOHN W.BIRKHOFF,P.E. RONALD V.CONWAY,P.E. GARY C.HENDRICKS,P.E. JOE R.CARTER,P.E. PAULA.CARLINE,P.E. MATT HICKEY,P.E. October 3, 2008 Mr. Chris Hoisted,P.E. City Engineer City of Wylie 949 Hensley Lane Wylie,Texas 75098 Re: FM 1378 Waterline—Lakeview Drive to West Brown Street Recommendation for Award of Contract Dear Mr. Hoisted: We checked the bids received at 2:00 p.m. on October 2, 2008, for construction of the FM 1378 Waterline form Lakeview Drive to West Brown Street project and are returning the original bid documents and bid bonds with this letter. Three(3)copies of the Bid Tabulation are also enclosed for your use. Tri-Con Services, Inc.of Rowlett,Texas, submitted the lowest bid for the project. The Total Amount Bid is $168,492.35. We have experience working with Tri-Con Services, Inc.on a similar project and in our opinion, they are qualified to successfully complete this project. Accordingly, we recommend that the City of Wylie accept the bid of Tri-Con Services, Inc. and award them a contract for construction of the FM 1378 Waterline form Lakeview Drive to West Brown Street project. We are returning the original bids and bid bonds received yesterday from Tri-Con Services, Inc and the other bidders. We understand you will return the bid bonds. We are available to discuss this matter at your convenience. Sincerely yours, -- Joe R.Carter,P.E. Enclosures j:'dericakiyF2:2006-125 ftn1378&spinnaker wh.fin 1378 w L,outkktter,\k recommend-award.doc Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 27, 2007 Item Number: 4 Department: Finance (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: February 12, 2007 Budgeted Amount: Resolution; Form of Notice, Exhibits: Timetable,Project Memo Subject Consider, and act upon, all matters incident and related to approving and authorizing publication of notice of intention to issue Certificates of Obligations, including the adoption of Resolution No. 2007-10(R) pertaining thereto. Recommendation Motion to approve all matters incident and related to approving and authorizing publication of notice of intention to issue Certificates of Obligations, including the adoption of Resolution No. 2007-10(R) pertaining thereto. Discussion The City approved a 5 year Capital Improvement Plan(CIP) for water and sewer projects and identified them as being funded with Certificates of Obligations. The Debt Service for these projects was included in the City's Water Rate Study. This resolution authorizes a notice to be published of the City Council's intention to issue Certificates of Obligation in an amount not to exceed $7,750,000; to be paid from water & sewer revenues and water and sewer impact fees. The proceeds will be used to finance the projects outlined in the attached memo from Birkhoff, Hendricks&Conway LLP. Approved By Initial Date Department Director LW 2/12/07 City Manager Awl '21a3(v7 Page 1 of 1 RESOLUTION NO. 2007-10(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. WHEREAS, the City Council of the City of Wylie, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271 (the "Act"), for the purpose of paying contractual obligations to be incurred for the construction of public works, to wit: improvements and extensions to the City's combined Waterworks and Sewer System, and to pay contractual obligations for professional services rendered in relation to such projects and the financing thereof; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; now,therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation in one or more series during a meeting scheduled to begin at 6:00 o'clock P.M. on the 27th day of March, 2007, which certificates of obligation shall be issued in a principal amount not to exceed $7,500,000 for the purpose of paying contractual obligations to be incurred for the construction of public works, to wit: improvements and extensions to the City's combined Waterworks and Sewer System, and to pay contractual obligations for professional services rendered in relation to such projects and the financing thereof; and shall be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2: The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 3: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time,place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. Resolution No.2007-10(R) Publication and Notice of Intent To Issue Certifications of Obligation SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. DULY PASSED AND ADOPTED by the City Council of the City of Wylie, Texas,this 27th date of February 2007. John Mondy,Mayor ATTEST: Carole Erhlich, City Secretary Resolution No.2007-10(R) Publication and Notice of Intent To Issue Certifications of Obligation EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF WYLIE,TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Wylie, Texas, shall convene at 6:00 o'clock P.M. on the 27th day of March, 2007, at the Wylie Municipal Complex, 2000 State Highway 78 North, Wylie Texas, and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in one or more series in an amount not to exceed$7,500,000 for the purpose of paying contractual obligations to be incurred for the construction of public works, to wit: improvements and extensions to the City's combined Waterworks and Sewer System, and to pay contractual obligations for professional services rendered in relation to such projects and the financing thereof; such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. Carole Ehrlich City Secretary City of Wylie,Texas Resolution No.2007-10(R) Publication and Notice of Intent To Issue Certifications of Obligation CHy of Wylie General Obligation Refunding Bonds,Series 2007 Combination Tax and Revenue Certificates of Obligation,Series 2007 Feb-07 Mar-07 Apr-07 May-07 SMTWTF S SMTWTF S SMTWTFS SMTWTF S 1� 2 I 3 12j3 1 2 3 4 ' 516i7 1I2 3 4 5 + : t- 4 5 6 j 7 8 1 9 10 4 5 6 7 8 9 ;10 8 9 10 11 1 121 13, 14 6 7 8 9 10 11 12 II 12 13114 15_16I 17 II 12 I3.14 15 16117 15 16 17 18 19 20121 13_14_ 6117 18 19 18 19 20 21 22 23 241 18 19-20 21 22 23 1 24 22 23 24~25 26 27 II 28 20 21 22 1 23 24,25 26 25 i 26 27 128 iii 25 26 27;28t29 30 31 29 30 —_ 27 28,29.30 31 -T— �' . —� --�-- r - 1 I Complete By Day Event 14-Feb-07 Wednesday Begin preparation of Official Statemen 21-Feb-07 Wednesday Initial Draft of Official Statement distributed to City and t Bond Counsel for review 27-Feb-07 Tuesday Council passes resolution authorizing Notice of Intent Publication for Certificates of Obligation 7-Mar-07 Wednesday Receive Official Statement information from City TBD First Publication of Notice of Intent to Issue Certificate no later than March 10,2007 8-Mar-07 Thursday Provide draft of Preliminary Official Statement to credit rating agencies and insurance companies for review TBD Second Publication of Notice of Intent to Issue Certificates (same day of the week following 1st publication) 16-Mar-07 Friday Finalize Preliminary Official Statement Distribute Preliminary Official Statement electronically through i-Deal Prospectus to Underwriters 21-Mar-07 Wednesday Receive credit ratings and insurance bids 26-Mar-07 Monday Pricing and verbal award to Underwriters 27-Mar-07 Tuesday City Adopts Ordinances and Awards Bonds and Certificates to Underwriters 2-Apr-07 Monday Prepare and distribute Final Official Statement 9-May-07 Wednesday Closing and delivery of funds �. First Southwest Company BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave.,#220 Dallas,Texas 75231 Fax(214)361-0204 Phone(214)361-7900 MEMORANDUM To: Chris Hoisted,P.E. From: Joe R. Carter,P.E. Sent via Email Date: Revised February 22,2007 Subject: Water Distribution System 5-Year Capital Improvement Plan At your request, we reviewed the Water Distribution System 5-Year Capital Improvement Plan as outlined by the City of Wylie Agenda Report dated November 14,2006. We met with you and Mike Sfelra yesterday to discuss the 5-Year Capital Improvements Plan and how funds should be allocated. The budget costs listed in the Agenda Report were based on information contained in the Impact Fee Report. Since the time of that report we have begun detailed design on several elements in the Water Distribution System Capital Improvement Plan and we have better information for more precise opinions of construction cost. Based on the results of our meeting we recommend the following projects to be included in the Water Distribution System 5-Year Capital Improvements Plan: 730 Service Area(High Pressure Service Area) Project Budget Cost Newport Harbor 2.0 MG Ground Storage Tank $1,700,000 Newport Harbor Pump Station Improvements(1 pump) $ 160,000 Newport Harbor(FM 1378) Water Distribution Line No. 1 $1,400,000 McCreary Road Water Distribution Line $ 990.000 Total High Pressure Service Area $4,250,000 679 Service Area(Low Pressure Service Area) Project Budget Cost Nortex 1.5 MG Ground Storage Tank $1,275,000 Nortex Pump Station Improvements(1 pump) $ 150,000 SH 78 Distribution Line No. I (NTMWD to Eubanks) $ 540,000 Brown Street Distribution Line $ 300,000 *NTMWD Pump Station Improvements $ 985.000 Total Low Pressure Service Area $3,250,000 PckricAryli 1t-4o90 sacral wrvie su04.atawd pump as water aodd otters cis aano(=).mc Page 1 of 2 CITY OF WYLIE, TEXAS F.M. 1378 Water Line-Section 1 Lakefield Drive to West Brown Street BID SUMMARY Bids Received at 2:00 p.m.,Thursday,October 2,2008 Total Total Contractor Amount Bid Contractor Amount Bid 1. Tri-Con Services,Inc. 9. Canary Construction,Inc. 3010 W.Main St. 1430 Valwood Pkwy.,Suite 150 Rowlett,Texas 75088 $ 168,492.35 Carrollton,Texas 75006 $ 223,064.00 2. Wright Construction Co.,Inc. 10. Dowager Utility Construction,Ltd. 601 W. Wall Street 2464 Manana Dr. Grapevine,Texas 76051-5299 $ 201,107.00 Dallas,Texas 75220 $ 225,278.90 3 Fox Contractors,Inc. 11. Tri Dal Celina,Ltd. P. O.Box 951 4160 N.Preston Rd. Midlothian,Texas 76065 $ 204,173.35 Celina,Texas 75009 $ 226,691.00 4. C. W.Young Construction 12. East Texas Contracting,Inc. 210 S.6th Ave. P.O.Box 307 Mansfield,Texas 76063 $ 208,429.50 Seagoville,Texas 75159 $ 227,043.25 5. Wilson Contractor Services,LLC 13. Four D Construction,Inc. 107 Bell Ave., Suite 3 11200 Seagoville Rd. Denton,Texas 76201-4279 $ 216,095.19 Balch Springs,Texas 75180 $ 229,276.10 6. Saber Development Corporation 14. SMB Enterprises,Inc. P.O.Box 540186 3201 Carmel St. Dallas,Texas 75354-0186 $ 219,020.50 Denton,Texas 76205 $ 231,304.00 7. Morrow Construction Co. 15. Bristow Contracting,LLC P. O.Box 158 8855 West Freeway, Suite 211 Lavon,Texas 75166 $ 221,427.80 Fort Worth,Texas 76116 $ 236,837.25 8. A&M Construction&Utilities,Inc. 16. 2L Construction,LLC 4950 Grisham Dr. 1150 Blue Mound Rd.,West#815 Rowlett,Texas 75088 $ 222,460.50 Haslet,Texas 76052 $ 261,095.00 ]:\Wy1i6\2006125\FM 1778\SoulMspecs\tech\P&BS-2-south.xis 1 1 i 1 } t l tl TABULATION OF BIDS BID OF BID OF IB D OF BID OF Date: October 2,2008 i Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Triton Services,Inc. Wright Construction Co.,Inc. Fox Contractors,Inc. C.W.Young Construction F.M.1378 Water Line-Section 1 CONSULTING ENGINEERS 3010 W.Main St. 601 W.Wall Street P.O.Box 951 210 S.6th Ave. Lakcfield Drive to West Brown Street Dallas,Texas Rowlett,Texas 75088 Grapevine,Texas 76051-5299 Midlothian,Texas 76065 Mansfield,Texas 76063 Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid No, Quantities Unit Description Price Extension Price Extension Price Extension Price Extension 1 2,789 ®Furnish&Install 12"PVC Waterline w/Class B-1 Embedment b I• Cut $26.00 $ 72,514.00 $35.50 $ 99,009.50 $30.00 $ 83,670.00 $33.94 $ 94,658.66 Furnish&Install 12"PVC Waterline w/20"ID Steel Encasement Pipe and Class B-1 2 110 Embedmentb ••- Cut 5150.00 $ 16,500.00 $95.00 $ 10,450.00 $100.00 $ 11,000.00 $132.04 $ 14,524.40 3 150 ®Furnish&Install 12"PVC Waterline w/20"ID Steel Encasement Pipe by Other Than I• Cut 5210.00 $ 31,500.00 5202.00 $ 30,300.00 $285.00 $ 42,750.00 1 $294.04 $ 44,106.00 1 } 4 395 ®Furnish&Install 8"PVC Waterline w/Class B-I Embedment b •• Cut $21.00 $ 8,295.00 1 $25.00 $ 9,875.00 $24.35 $ 9,618.25 I $18.10 $ 7,149.50 t i x 5 3 IIII Furnish&Install 12"R.S.Gate Valve 53,558.00 $ 10,674.00 $1,990.00 $ 5,970.00 S1,765.00 $ 5,295.00 $1,715.90 $ 5,147.70 E 6 5 IIII Furnish&Install 8"R.S.Gate Valve $1,165.00 S 5,825.00 $1,200.00 S 6,000.00 51,015.00 $ 5,075.00 5918.37 $ 4,591.85 ! 7 I 1111 Furnish&Install 6"Blow-off Valve with 4 ft.Manhole $8,600.00 $ 8,600.00 $4,470.00 S 4,470.00 53,155.00 $ 3,155.00 54,505.15 $ 4,505.15 r i a 2 MPerfor,n Wet Connection to Existin:Waterline $1,000.00 $ 2,000.00 SI,I80.00 $ 2,360.00 51,200.00 $ 2,400.00 $2,500.00 $ 5,000.00 9 2,789 ®Dcsi: and Maintain Trench Safety Systems $0.15 5 418.35 $0.50 $ 1,394.50 $2.90 $ 8,088.10 SI.41 $ 3,932.49 10 61 ®Saw Cut Existing Reinforced Concrete Pavement or Curb $4.00 $ 244.00 $8.00 S 488.00 $6.00 $ 366.00 $8.25 $ 503.25 11 142 ®Remove&P,• Dis•,se Of Reinforced Concrete Sidewalk,Pavement or Curb $8.00 S 1,136.00 572.00 $ 10,224.00 $8.00 $ 1,136.00 $35.00 S 4,970.00 12 142 ®Construct 6"Reinforced Concrete Sidewalk or Pavement $33.00 5 4,686.00 $50.00 S 7,100.00 560.00 $ 8,520.00 $75.00 $ 10,650.00 13 12 ®Construct 6"Monolithic Concrete Curb $10.00 $ 120.00 $38.00 S 456.00 510.00 $ 120.00 S40.00 $ 480.00 14 3 •Furnish,Install And Maintain Traffic Control Devices $50.00 $ 150.00 $1,650.00 S 4,950.00 $3,500.00 $ 10,500.00 S750.00 $ 2,250.00 15 1 ®Furnish&Install All Miscellaneous Fittin: i $5,830.00 S 5,830.00 $8,060.00 $ 8,060.00 512,480.00 S 12,480.00 $5,960.50 $ 5,960.50 i ■ $ 168 49235 $ 201 107.00 $ 204 173.3$ S 208 429.50 ■ '__ 3:\WyO'.2006tz5\FMI37x'sr,,tIr sr«la&Bs-t-snmhak Page I of 4 9 I 9 I i f i I i TABULATION OF BIDS BID OF BID OF BID OF BID OF Date: October 2,2008 Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Wilson Contractor Services,LW Saber Development Corporation Morrow Construction Co. A&M Construction&Utilities,Inc. F.M.1378 Water Line-Section I CONSULTING ENGINEERS 107 Bell Ave.,Suite 3 P.O.Box 540186 P.O.Box 158 4950 Grisham Dr. Lakefiekl Drive to West Brown Street Dallas,Texas Denton,Texas 76201-4279 Dallas,Texas 75354-0186 Lavon,Texas 75166 Rowlett,Texas 75088 Item Approximate Unit Bid Unit Bid Unit Bid if Unit Bid No. Quantities Unit Description Price Extension Price Extension f Price Extension II Price Extension 1 2,789 L.F. Furnish&Install 12"PVC Waterline w/Class B-1 Embedment by Open Cut 534.21 S 95,411.69 545.50 $ 126,899.50 $38.75 S 108,073.75 542.00 $ 117,138.00 Furnish&Install 12"PVC Waterline w/20"ID Steel Encasement Pipe and Class B-1 2 110 LF. Embedment by Open Cut S138.00 S 15,180.00` $80.00 $ 8,800.00 $125.00 $ 13,750.00: S125.00 $ 13,750.00 3 150 LF. Furnish&Install 12"PVC Waterline w/20"ID Steel Encasement Pipe by Other Than Open Cut 5261.00 $ 39,150.00 $245.00 S 36,750.00 5230.00 $ 34,500.00 5195.00 $ 29,250.00 4 395 L.F. Furnish&Install 8"PVC Waterline w/Class B-I Embedment by Open Cut $25.50 $ 10,072.50 $29.00 S 11,455.00 $30.39 $ 12,I104.05 $34.00 $ 13,430.00 5 3 Ea. Furnish&Install 12"R.S.Gate Valve $2,250.00 $ 6,750.00` S1,825.00 $ 5,475.00 51,650.00 $ 4,950.00 52,100.00 $ 6,300.00 6 5 Ea. Furnish&Install 8"R.S.Gate Valve $1,275.00 $ 6,375.00 , $1,015.00 $ 5,075.00 $905.00 S 4,525.00 $1,100.00 $ 5,500.00 i. t € 7 1 Ea. Furnish&Install 6"Blow-off Valve with 4 ft.Manhole 54,900.00 $ 4,900.00 $2,800.00 S 2,800.00 $4,880.00 $ 4,880.00 55,500.00 $ 5,500.00 8 2 Ea Perform Wet Connection to Existing Waterline 53,150.00 $ 6,300.00 51,250.00 $ 2,500.00 $2,475.00 S 4,950.00 $2,500.00 S 5,000.00 I 9 2,789 LF. Design and Maintain Trench Safety Systems i 52.00 b 5,578.00 51.00 $ 2,789.00 $2.00 S 5,578.00 51.00 $ 2,789.00 10 61 LF. Saw Cut Existing Reinforced Concrete Pavement or Curb $8.00 5 488.00 $5.00 $ 305.00 $7.00 S 427.00 $3.50 $ 213.50 i 11 142 S.Y. Remove&Properly Dispose Of Reinforced Concrete Sidewalk,Pavement or Curb S30.00 S 4,260.00 $6.00 $ 852.00 $40.00 $ 5,680.00 $22.00 $ 3,124.00 I t 12 142 S.Y. Construct 6"Reinforced Concrete Sidewalk or Pavement $55.00 $ 7,810.00! 545.00 $ 6,390.00 585.00 $ 12,070.00 $53.00 $ 7,526.00 13 12 L.F. Construct 6"Monolithic Concrete Curb $80.00 $ 960.00 $27.50 $ 330.00 545.00 S 540.00 520.00 $ 240.00 14 3 Mo. Furnish,Install And Maintain Traffic Control Devices $250.00 $ 750.00 S200.00 S 600.00 $1,000.00 5 3,000.00 I $900.00 S 2,700.00 15 I LS. Furnish&Install All Miscellaneous Fittings $12,1 I0.00 $ 12,110.00 58,000.00 5 8,000.130 $6,500.00 S 6,500.00 SI0,000.00 S 10,000.00 $ 216,095.19 S 219,020.50 $ 221,427.80; $ 222,460.50 rd.Wy5d.2006¢S1E7M 1378'Somh,speo,laAT&BS-2-wmhab Page 2 of 4 t i t L t€ i si 4 {[P k TABULATION OF BIDS BID OF BID OF BID OF BID OF Date: October 2,2008 Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Canary Construction,Inc. Dowager Utility Construction,Ltd. Tri Dal Celina,Ltd. East Texas Contracting,Inc. F.M.1378 Water Line-Section I CONSULTING ENGINEERS 1430 Valwood Pkwy.,Suite 150 2464 Manama Dr. 4160 N.Preston Rd. P.O.Box 307 Lakefield Drive to West Brown Street Dallas,Texas Carrollton,Texas 75006 Dallas,Texas 75220 Celina,Texas 75009 Seagoville,Texas 75159 Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid No. Quantities Unit Description Price Extension Price Extension Price Extension Price Extension 1 2,789 L.F. Furnish&Install 12"PVC Waterline w/Class B-1 Embedment by Open Cut $45.00 $ 125,505.00 $45.00 $ 125,505.00 $39.00 S 108,771.00 544.00 S 122,716.00 Furnish&Install 12"PVC Waterline w/20"ID Steel Encasement Pipe and Class B-I 2 110 LF. Embedment by Open Cut $100.00 $ 11,000.00 $150.00 $ 16,500.00 $157.00 $ 17,270.00 $115.00 $ 12,650.00 3 150 LF. Furnish&Install 12"PVC Waterline w/20"ID Steel Encasement Pipe by Other Than Open Cut S250.00 $ 37,500.00 $250.00 $ 37,500.00 $253.00 $ 37,950.00 $225.00 $ 33,750.00 4 395 L.F. Furnish&Install 8"PVC Waterline w/Class B-1 Embedment by Open Cut $38.00 $ 15,010.00 $42.00 $ 16,590.00 527.00 $ 10,665.00 $32.00 $ 12,640.00 5 3 Ea. Famish&Install 12"R.S.Gate Valve $1,400.00 S 4,200.00 $1,600.00 $ 4,800.00 52,450.00 $ 7,350.00 $1,750.00 $ 5,250.00 1 g 6 5 Ea. Furnish&Install 8"R.S.Crate Valve 5960.00 $ 4,800.00 S800.00 $ 4,000.00 $1,335.00 $ 6,675_00 $986.00 $ 4,930.00 7 1 Ea. Furnish&Install 6"Blow-off Valve with 4 ft.Manhole $3,850.00 S 3,850.00 $2,500.00 $ 2,500.00 S5,679.00 S 5,679.00 55,000.00 $ 5,000.00 t 8 2 Ea. Perform Wet Connection to Existing Waterline $1,500.00 $ 3,000.00 $1,000.00 $ 2,000.00 $2,932.00 5 5,864.00 $2,750.00 $ 5,500.00 9 2,789 LF. Design and Maintain Trench Safety Systems $1.00 $ 2,789.00 $0.10 $ 278.90 $1.00 5 2,789.00 S0.25 S 697.25 10 61 LF. Saw Cut Existing Reinforced Concrete Pavement or Curb $4.00 S 244.00 S5.00 $ 305.00 $4.00 $ 244.00 $6.00 5 366.00 II 142 S.Y. Remove&Properly Dispose Of Reinforced Concrete Sidewalk,Pavement or Curb $3.00 $ 426.00 $10.00 $ 1,420.00 SI0.00 S 1,420.00 $7.00 $ 994.00 12 142 S.Y. Construct 6"Reinforced Concrete Sidewalk or Pavement $50.00 S 7,100.00 S50.00 S 7,100.00 $10.00 S 1,420.00 $55.00 $ 7,810.00 13 12 L.F. Construct 6"Monolithic Concrete Curb S20.00 S 240.00 540.00 S 480.00 $8.00 $ 96.00 $20.00 $ 240.00 14 3 Mo. Furnish,Install And Maintain Traffic Control Devices 5300.00 S 900.00 $500.00 $ 1,500.00 S917.00 S 2,751.00. $500.00 $ 1,500.00 i 15 I L.S. Furnish&Install All Miscellaneous Fittings $6,500.00 $ 6,500.00! $4,800.00 S 4,800.00 S17,747.00 $ 17,747.00 $13,000.00 $ 13,000.00 1 { $ 223,064.00 $ 225,278.90 $ 226,691.00 $ 227,043.25 I j 1:'•Wyhee2006t25FM t37sSouthpwste:h'P&BS-2-south.ek Page 3 of 4 I I 1 1 f f TABULATION OF BIDS MD OF BID OF BID OF BID OF Date: October 2,2008 Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,LLP. Four D Construction,Inc. SMB Enterprises,Inc. Bristow Contracting,LLC 2L Construction,LLC F.M.1378 Water Line-Section 1 CONSULTING ENGINEERS 11200 Seagoville Rd. 3201 Cannel St. 8855 West Freeway,Suite 211 1150 Blue Mound Rd.,West#815 Lakefield Drive to West Brown Street Dallas,Texas Balch Springs,Texas 75180 Denton,Texas 76205 Fort Worth,Texas 76116 Haslet,Texas 76052 Item Approximate Unit Bid r Unit Bid Unit Bid Unit Bid No. Quantities Unit Description Price 1 Extension Price Extension Price Extension Price Extension 1 2,789 L.F. Furnish&Install 12"PVC Waterline w/Class B-1 Embedment by Open Cut $42.05 S 117,277.45 $44.00 S 122,716.00 $45.00 $ 125,505.00 $45.00 S 125,505.00 Furnish&Install 12"PVC Waterline w/20"ID Steel Encasement Pipe and Class B-1 2 110 L.F. Embedment by Open Cut S122.00 S 13,420.00 SI32.00 S 14,520.00 $85.00 $ 9,350.00 $140.00 S 15,400.00 i. 3 150 LF. Furnish&Install 12"PVC Waterline w/20"ID Steel Encasement Pipe by Other Than Open Cut $250.00 $ 37,500.00 S283.00 S 42,450.00 S255.00 S 38,250.00 $350.00 $ 52,500.00 4 395 L.F. Furnish&Install 8"PVC Waterline w/Class B-1 Embedment by Open Cut $22.001$ 8,690.00 SI9.00 S 7,505.00 S42.00 $ 16,590.00 S40.00 S 15,800.00 5 3 Ea. Furnish&Install 12"R.S.Gate Valve $1,782.00 $ 5,346.00 $2,134.00 $ 6,402.00 SI,850.00 S 5,550.00 $2,000.00 S 6,000.00 e 6 5 Ea. Furnish&Install 8"R.S.Gate Valve $1,028.00 S 5,140.00 $1,168.00 S 5,840.00 $1,050.00 S 5,250.00 $1,100.00 S 5,500.00 1 7 I Ea. Furnish&Install 6"Blow-off Valve with 4 R.Manhole $2,393.00 S 2,393.00 $3,068.00 $ 3,068.00 $2,800.00 S 2,800.00 $4,500.00 $ 4,500.00 I 1 8 2 Ea. Perform Wet Connection to Existing Waterline $2,530.00 $ 5,060.00 S1,310.00 $ 2,620.00 S900.00 S 1,800.00 $2,500.00 S 5,000.00 I9 2,789 L.F. Design and Maintain Trench Safety Systems S0.25 $ 697.25' $1.00 $ 2,789.00 50.25 $ 697.25 SI.50 $ 4,183.50 10 61 LF. Saw Cut Existing Reinforced Concrete Pavement or Curb $51.40 $ 3,135.40 $6.00 S 366.00 S25.00 S 1,525.00 S2.50 S 152.50 I I 142 S.Y. Remove&Properly Dispose Of Reinforced Concrete Sidewalk,Pavement or Curb $25.00 $ 3,550.00 S I0.00 $ 1,420.00 S25.00 S 3,550.00 S20.00 S 2,840.00 12 142 S.Y. Construct 6"Reinforced Concrete Sidewalk or Pavement $92.00 S 13,064.00 S52.00 $ 7,384.00 S110.00 $ 15,620.00 S35.00 $ 4,970.00 13 12 L.F. Construct 6"Monolithic Concrete Curb $80.00 S 960.00 $27.00 $ 324.00 $100.00 S 1,200.00 $12.00 S 144.00 14 3 Mo. Furnish,Install And Maintain Traffic Control Devices $1,067.00 S 3,201.00 S631.00 S 1,893.00 $700.00 $ 2,100.00 $1,200.00 S 3,600.00 15 1 L.S. Furnish&Install All Miscellaneous Fittings $9,842.00 S 9,842.00 S12,007.00 $ 12,007.00 S7,050.00 S 7,050.00 S15,000.00 S 15,000.00 $ 229,276.10 $ 231,304.00 $ 236,837.25 $ 261,095.00 rnwylk•',2006125.Fra 1318soo,hSsu"ch.rees-2.sanh,,b Page 4 of 4 I 1 1 C 1 . . _ i .„. L..: Ii��CITY OF WYLIE, TEXAS _ .;'Ih��� 41 1 CONSTRUCTION PLANS FORit Illrill +R ;IattiWul.. . FM 1378 WATERLINE - ` L' r SECTION 1 � MEI ' ; � s LAKEFIELD DRIVE TO WEST BROWN STREET -PROJECT r11 1177., .r LOCATION' NN+ /�u:� i 1----- La ... .- 9.Lg.':'.--.7P.; g CITY COUNCIL M' .,,,1r _it( .:-..-ziiiiimi .-- 0 au.griwii, ,,.,i -111619 ERIC HOGUE, MAYOR : M.G. "RED" BYBOTH, MAYOR PRO—TEM I K* »oo DAVID GOSS I KATHY SPILLYARDS El MERRILL YOUNG z RICK WHITE CITY OF WYLIE SNFET INDEX DESCRIPTION 111 "s CARTER PORTER SHEET I 1 COVER SHEET & LOCATION MAP . 2 GENERAL NOTES III 3 12.• PLAN/PROFILE 0+54.30 TO STA 12+00 4 11'WATERWATER PLAN/PROFILE STASTA. 12+00 TO STA 26+00 WATER CITY ENGINEER 6 USN/PROS ILE STA. 26+00 TO STA. 30+52.28 CHRIS HOLSTED, P.E. BIRKHOFF, HENDRICKS & CONWAY, L.L.P. ( CONSULTING ENGINEERS Dallas.Texas DIRECTOR OF PUBLIC SERVICES September, 2008 MIKE SFERRA `� S 1 , I M PAVING NOTES STORM SEWER WATER vi I. CONCRETE FOR ALL STREETS SHALL BE IN ACCORDANCE WITH NCTCOG CLASS'C CONCRETE(3,603 1. THE FLOOR OF THE EXCAVATION FOR INLET BOX MUST PRWIpEAFlRN,LEVEL BED FOR THE BASE I. ALL WATER LINE CROSMINBS OF P.9.1.COMPRESSIVE @ DAYS). SECTION TO REST UPON SANITARY SEWER LINES SHALL BE AS SHOWN IN THE PLANS AND MEET TNRCC REQUIREMENTS, 2, A MINMUM OF 6 INCHES OF I.DIAMETER(MVMU WM)ROCK ORORAVEL RE4ALL BE USED TO PREPARE 2 REINFORCING STEEL SHALL BE DEFORMED BARS NO.3 ON IS INCH CENTERS OR NO 4 BARS ON 24 THE BEDDING TO FINAL GRACE OR IN LIEU OF THIS,AT LEAST 6 INCHES OF 2-SACK CEMENT STABNZED 2, PIPES 12 INCHES IN DMMETERANOSNALLER SHALL BE POLYVINYL CHLORIDE(P,V.C.)MEETING THE INCH CENTERS.REINFORCING SHALL BE IN BOTH DIRECTIONS ON CENTER.REINFORCING STEEL SAND SHALL BE USED TO PREPARE THE BEDDING TO GRADE CEMENT STABILIZED-SAND SHALL BE REQUIREMENTS OF AWWA C 03 OR IS OR DUCTILE IRON PIPE(D.I.P.)MEETNG THE REQUIREMENTS OF Ill SHALL BE IN ACCORDANCE WITH ASTM 815.618 MD 517. ALLOWED TO SET BY KEEPING HOLE PUMPED DRY. IA C 151 CLASS 50 PIPE.ALL D.I.P.SHALL BE WRAPPED WIN A POLYETHYLENE LINER. 3. ALL REINFORCING STEEL SHALL SENED(100%).REINFORCING STEEL SHALL BE SET ONPLASNC 3. AFTER PIPE HAS BEEN WDON PROPER BEDDING,BACKFlLLING TO COMMENCE WITH A'MA)OMUM ANY 3. FOR PIPES LARGER THAN 12 INCHES IN DAMETER.THE PIPE SHALL BE REINFORCED CONCRETE CHAIRS.BAR LAPS BE UMMUM 30 DIAMETERS. LOOSE UFTS MECHANICALLY COMPACTED TO AM STANDARD PROCTOR UNDER ROADWAY OR 12. CYLINDER PPE(AWNA C3D OR AVAVA C303),DUCTILE IRON PPE(AMWNA C151 CLASS 50)OR MAXIMUM LOOSE LIFT BEHIND CURB.MAXIMUM SIZE ROCK IN BACKFILL SHALL NOT EXCEED 4 INCHES POLYVINYL CHLORIDE PIPE UP TO IN INCHES MEETING THE REQUIREMENTS OF SPAWN 0705-DROP.S.I. 4. EXPANSION JOINTS SHALL BE LOCATED AT ALL INTERSECTIONS.ALLEYS SHALL NAVE A MINIMUM OF IN DIAMETER, RATED PIPE. IIITWO EXPANSIONJOINTS. 4. PRECAST INLETS MUST BE APPROVED BY THE CITY. 4. AU.VALVES ON PIPES 12!NOES ANO SMALLER SHALL BE RESILIENT SEALED WEDGE VALVES(NAVA 5. JSAWED OINTHTRANSVERSE DUMMY JOINTS SAWING BE SPACED EVERY THIHST19 OR 12NOE25 TIMES LONGITUDINALRTHEBUTT C509). JOINT SPACI NG WHICHEVER IS LESS.SAWING SHALL'OCCUR WITHIN 6 TO 12 HOURS AFTER THE POUR 5. CONCRETE TO BE MINIMUM 4}00 P.S.I. ' INCLUDING EEN INCE OTHERWISE THE SECTION SHALL BE REMOVED AND LONGITUDINAL BUTT JOINT 5, AU.VALVES CN PIPES LARGER THAN 12 INCHES BUT SMALLER THAN 30 INCHES SHALL BE BUTTERFLY IIICONSTRUCTED. A. -NO DUMPING. DEVICE IS REQUIRED ON ALL STORM SEWER LIDS. VALVES(ANNA CSGI)OR WEDGE VALVES(ANNAC509). 6. SUBGRAOE UNDER PAVEMENTS SHALL BE A MINIMUM OF 7 INCHES OF USE TREATED SUBGRADE 7. -NO DEWING'WARNING PlAOUE TO BE INSTALLED ON ALL STANDARD AND RECESSED INLETS. 8. ALL VALVES ON PIPES 30 INNER AND LARGER SHALL.BE BUTTERFLY VALVES(AWNAC504). ONLY NITRATED LAME SHALL BE LRILIZED.OPTIMUM LIME SHALL BE APPOED.OPTIMUM LIME III CONTENT SHALL BE DETERMINED DURING THE EXCAVATION BY THE USE OF A LIME SERIES TEST.LAME B. CONCRETE CAST-IN-PUCE INLETS SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 4,200 G,S.I.@ 7. EMBEDMENT SHALL BE AS 00MM TNTHE PLANS.BACKFKLIMTXIN THE LINIT30f EXISTING AND SERIES TEST SHALL BE TAKEN ALONG THE EXCAVATION AT AU.CHANGES IN SOIL MD A MINIMUM OF 2B DAYS. ALL 300 FEET.U ME SERIES SHALL BE COMPLETES BY AN INDEPENDENT LABORATORY APPROVED BY THE PROPOSED PAVEMENT SH BE COMPACTED TO E6I6 STANDARD PROCTOR.OUTSIDE PAVEMENT CITY. 9. STORM DBMS TILE SHN.L BE PLACED IN THE CENTER OF THE INLET,2 INCHES FROM THE EDGE OF (EXISTING OR PROPOSED)SMALL BE COMPACTED TO MINIMUM OF MN STANDARD PROCTOR.ALL OPENING AS SWAIN IN THE DRAWING.USE PL-203 CONSTRUCTION ADHESIVE FOR APPLICATION. COMPACTION SHALL BE BY LECHANCAL METHODS 7. LIME TREATED SUBGRADE SHALL EE COMPACTED TO ADENSITY OF NOT LESS THAN 5 PERCENT Of TILES CAN BE ORDERED FROM.CENTERLINE SUPPLY,INC.,425 JESSE STREET,GRAND PRAIRE,TEXAS THE MAXIMUM DENSITY AS DETERMINED BY ASTM O B%.MOSTURE CONTENT SINLLL BE WITHIN-2 TO 75061-1141.1I0D321-1731,METRO:214 6 4741 0D,FAX 214641.1221, 8. WATER LINES SHALL BE PRESSURE TESTED IN ACCORDANCE WITH NCTCOG ITEM 6T.3.. 440F OPTIMUM.DENSITY TEST RESULTS SHALL BE COMPLETED BY AN INDEPENDENT LABORATORY NI APPROVED BY THE CITY.ALL RESULTS SHALL BE PROVIDED TO THE CITY. 10.EXISTING STORM SEINER PIPE AND OR LATERALS STALL BE LOCATED PRIOR TO SETTING OF 9. AU.HORIZONTAL AND VERTICAL BENDS SHALL BE BLOCKED. CONSTRUCTING INLET BOXES.IF ADJUSTMENT IN GRADE OF LATERAL IS REQUIRED,A REVISED A. LIME TRIMMINGS ARE NOTACCEPTABLEFOR AM USE. DESEN SY THE ENGINEER OF RECORD SHALL BE SUBMITTED TO THE CITY FOR APPROVAL 10.ALL FITTINGS SHALL INCLUIE MEGALUG CONNECTORS. 9. ALL FILL SHALL BE COMPACTED BY MECHANICAL METHODS.MAXIMUM LOOSE LIFT FOR COMPACTION 11.REINFORCED CONCRETE PIPE CLASS 10IS APPROVED WITHIN THE CITY. 11.NO NET BORES WILL BE ALCOVED. SHALL BE 8 INCHES.ALL LIFTS SHALL BE TESTED FOR DENSITY BY AN INDEPENDENT LABORATORY ii APPROVED BY THE CITY.DENSITY REQUIREMENT SWILL BE AS SHOWN ON THE PLANS FOR THE TYPE 12.ALL COMPLETED SANTMLY SEWERS UNDER AINCHES SHALL BE INSPECTED USING A TELEVISION 12.MAIN LINE VALVE PEOUIREO ATOLL FIRE HYDRANTS. , OF MATERIAL CALLED FOR INTIE PLANS. CAMERA IN ORDER TO EXAMINE IRREGULARITIES AND TO DETERMINE SUITABILTTYFOR SERVICE. I 10. ALL DISTURBED AREAS OF ROADWAY WORK SNAIL HAVE GRASSESTABUSHED IMMEDIATELY.GRASS 13.54'AND LARGER SHALL BE 1NSTALLEDWITH HYDRAULIC PULLER. 13.NO 10'WATER UNE WELL BE ALLOWED, k SHALL MEET THE REQUIREMENTS OF ITEM 3.8,39,51083.11 OF NCTCOG. 14.ALL STORM SEWER SHALL BE COLOR TV INSPECTED PRIOR TO ACCEPTANCE BY THE CITY. k ! 11.ALL AREAS TO BE EXCAVATED OR FILLED SHALL HAVE EROSION CONTROL PLACED PRIOR TO SCREENING WALL COMMENCING EARTHWORK EROSION CONTROL DEVICES SHALL BE MMNTHOW'NED THROUG HOW'THE 1 PROJECT IN ACCORDANCE WIN NCTCOG ITEM 312 SANITARY SEWER I. CONCRETE-MINIMUM CON Rl39NE STRENGTH OF 3,000 P.5.1.@260AY5. j{ 12 ALL SIDEWALKS SHALL INCLUDE BARRIER FREE RAMPS AT INTERSECTING STREETS.ALLEYS, � f [ DRIVEWAYS,ETC.BARRIER FREE RAMPS SHALL MEET CURRENT ADA REQUIREMENTS AND BE 1. ALL SEWER LINES CROSSING POTABLE WATERUNES SHALL SEAS SHOWN IN THE PLANS AND MEET 2 REINFORCEMENT-ASTM A-)fe.. G APPROVED BY THE TEXAS LICENSING BOARD. TNRCC REQUIREMENTS. 3. MASONRY-COMPRESSIVESTRENGTH SHALL BE PRESCRIBED IN ITEM 2,3.8 SPECIAL PROVISIONS, E S 1 13. SIDEWALKS SHALL BE DOWELED INTO PAVEMEMNMERE IT ABUTS DRVEWAYS.EXPANSION JOINT 2 PIPES B INCHES THROWH 15 INCHES SHALL BE IN ACCORDANCE WITH ASTM 03034 WITH A MINIMUM 4. WIND LOAD FOR DESIGN-20 P.S.F. 1MATERULL SHALL BE USED AT THESE LOCATIONS. SOR OF 35 OR ASTM D3350 AND D3151. 14. NO VEHICLES SHALL BE PERMITTED ON CONCRETE PAVEMENT WITHOUT APPROVAL FROM THE CITY. 5. PIER BEARING STRESSES-SEE BRK:K SCREENING WALL NOTES THE CITY WILL MAKE DETERMINATION BASED ON CONCRETE BREAK REPORT. 15. CONCRETE MIX DESIGN SHALL 8E SURUTTEDTON REVIEW. 3. PIPES LARGER THAN 121NCHES THROUGH 46 INCHES SHALL BE IN ACCORDANCE WITH ASTM 1 STANDARDS F67q F791,F9W AND pGI5G1 D3451. 48. MORTAR-TYPE'S'JOINTS. MANHOLES SHALLBE PRECAST.ALL MANHOLES SHALL BE WATER TOM.PRECAST MANHOLES SHALL 7. PROVIDE CONTROL JOTS T50 FEET. a 5 16. ALL PAVING FOR PARKING SHALL BE MIN STHE I E 3,69DPS.CONCRETE SUBJECT TO CITY ENGINEER HAVE JOINTS SEALED WITH RAGRIEK ALL RING AND COVERS SHALL INCLUDE AN INTERNAL CHIMNEYSEAL 5. PROVIDE EXPANSION JOINT AT 200 FEET CENTER MAXIMUM. I 1 APPROVAL 5. ALL PIPE OPENINGS INNANNOLES SHALL INCLUDE COUPLINGS WITH CV RING RUBBER GASKETS. 9. PROVIDE PIER WITH MINIMII BFOOT WI24INCH DIAMETER BELL IN SLAY OR OTHER MATEAUL EXCEPT f g LINED CHANNELS 6. STUBOUTS OUT OF MANHOLES SHALL BE FITTED WITH A STOPPER MID CAP.STUBOUTS SHALL BE BLUESNALE,BFOOTMINIMW WRH]FOOTMINIMUNINTOBLUE SHALE. k MINIMUM OF SHEET FROM MANHOLE AND BE SUPPORTED BY ACONCRETE CRADLE. 10.ALL EXPOSED CONCRETE SHALL BE CLASS 2 RUBBED FINISHED SURFACE. € L CONSTRUCTION JOINT SHOWN N DETAILS FOR CONVENIENCE ONLY,MONOLITHIC CONSTRUCTION MAY 7. ALL DROP MANHOLES SHALL BE OF THE EXTERNAL TYPE. 11. SIDEWALKS ADJACENT TO WALLS MUST DE 5 FOOT MINMNMWIOTH FROM ALL PORTIONS OF THE WALL BE USED. (INCLUDING PILASTERS,COLIILWIS,ETC.). B. MANHOLES SHALL BE VENTED IN ACCORDANCE WITH TNRCC REQUIREMENTS. 12.MAXIMUM PILASTER SPACINL340 FEET E 2. ALL VISIBLE SURFACESS HILL BEATROWEL FIN SH11 9. ALL SANITARY SEWERPIPE TBET BE TESTED MANDRE TEST(T REY 6.7.2)AFTER CONSTRUCTION.TESTING 13.WALLS SHALL NOT BE PLACp5 IN THE VISIBILITY EASEMENT OR STREET RIGHT OF WAY. ]. ALL REINFORCING STEEL SHALL BE 319'DIAMETER AND SPACED IT CENTER TO CENTER BOTH WAYS S/W.L NHCLJDE PRESSURE TESTING,MANDREL TEST(TN CE REQUDEEPRES COLORS Alt THE LMLE56 OTHERWSE SPECIFIED. COLOR N INSPECTION SHALL BE COMPLETED IN PRESENCE OF CITY REPRESENTATIVE AND THE 14. THE WALL SHALL BEA INT..OF EIGHT FEET IN HEART AS MEASURED FROM THE NEAREST ALLEY ORIGINAL VHS FORMATTED TAPE SHALL BE GIVEN TO THE CITY AT THE COMPLETION OF THE EDGE OR SIDEWALK GRADE!WHICHEVER IS THE MOWER THE COLOR OF THE WALL SHALL BE LIMITED 4, IF WOOD FORMS ARE USED WITH CONSTRUCTION JOINT,THEY SHALL BE TWO.2k4'.AND SHALL NOT BE REMOVED UNTIL CONCRETE ON SLOPES I8 READY TO BE PLACE. INSPECTION. TO EARTH-TONE COLOR 3 EXCLUDING GRAY,GREEN AIM WHITE.THE COLOR OF THE WALL STALL BE URM EACH SID 1a.MANHOLES SHALL BE VACUUM TESTED IN THE PRESENCE OF THE COY REPRESENTATIVE. THOROUGHFARES. UNLESS OVERAGE "(THOROUGHFARE ERAGAPPROVED THE THE I CNN FF FINSH OF THE WA HAL R E CONNSENTOA NY THE ESY'S PUBLIC WORKS DEPARTMENT,THE y 5. ALL CONCRETE IN LINEDCFANNEL SHALL BE NCTCOO fYAS6'A'IMINIMUM 3,000 P.6.1.)CONCRETE. FINISH OF THE WAIL SHALL BE CONSSTEM ON ALL SURFACES. 11.NO END-OF-LINECLCMOUTS WILL BE ALLOWED.TERMINATE SEWER LINES WITH A MANHOLE. 8. FLAT BOTTOM TO BE CONSTRUCTED WIEN CHANNEL WIDTH IS LESS THAN 12 FOOT. 15.IF WROUGHT IRON FENCING S TO BE UTILIZED ON REQUIRED SCREENING,ALLWRCUG M IRON MUST i 11111 1 7. L'CHAMfEH ON ALL CONCRETE CORNERS. BE SOLID STOCK NO TUBULAR STEEL WILL BE ALLOWED- I DETAILS IIII S SPECIAL DETAILS OR MODIFICATIONS TO THESE STANDARD DETAILS TO BE UTILIZED ON AM GIVEN I PROJECT SHALL BE SUBMITTED TO THE CITY FOR APPROVAL FOR USE. ] ILLUMINATION a E g 1. STREET LIGHT FOUNDATIONS BE CONSTRUCTED IN ACCORDANCE KITH TXU ELECTRIC DUN_; S AND NOTES FOR 25IXR 3G MOUNTING HBGIN ROUND STEEL POLE 11111 {{{1 €€ 2. PROVIDE SQUARE CONCRETE MOW STRIP 18'FROM OUTSIDE OF POLE TO CORNIER USING 3,000 PSI. CONCRETE P11TH P3 BARS @ 1S AND%'EXPANSION JOINT. , i 1I s ��F�°1 ,Y, CITY OF WILIER TEXAS BHC PROJECT NO. SMEETNO. 3 g _..- BIRKHOFF,HENDRICKS&CONWAY,L.L.P, F.M.137E WATER LINE 2DJE 12s 1 I CONSULTING ENGINEERS _- . { 7502 CxsenvUMAvc„Suite 22D �M14 n-)S/1,.,� GENERAL NOTES 2 f I Dallas,Texas ,TMW8 3 `I �'^� SNAntba,2006 1 U OI4)3614900 `V [ AWED:9/12/06-JUATER2 6\ProINT\AYIN\2R0BI2N\FLI376\SMele\S01JN\SM.\2006123-OMAB PLOT MESS:1:1 PLOT STILE:11,1TsW PIOTIFD BE XARDDAN ON 3/12/3808 .. i ! I 't I . Jb'IiEM11 cL4 f-1 aim oar0001 L7dIPE-2 Qom tolltELAES2K.Ukild LEHO YOR P.C.SIN 1+71.01 AC 5TA 3+I4_37 P.C.SIA 6+15.017 , USE y. 1701 660N P.T.STA 2+88.82 P.0 SM.5470.00 P.T.SIX 7+4602 'c1' d-20'3J35" d=10.3108' d-05158'31' F>N 54S9S ':, m R=J19.9J' R=122201' R=1229.0F /�8'�It49YI N.7057885 JS71 T=Mar T-113.13' T=60.56' .�-W/N PAH ROE 0T L417T810 ORM MOVIE 4T HE LAST RO'DR � L-J1+.80' L-115.6J' L=127-07' EILY.S.HLBI E 2559.5468207 \ SIX 0+14.J0 T-PROP.R.O.W. �` 0 CM Ies an N1>< ( TXLO CT 70 EXISTING LOCATION AND 611 \ 1 I — _ — — / 1R1N.9444K Ec7¢A1O as count LYAIAIEPROPOSED 12 or P£ — 's ala'N77ERLAIE I — — — • k ____ ..___. / .y ^--� _ ( STA 5+73 ID 5TA 6+23 �f N 5578R9.0392 `+11' '' 1 E 1539)07.039T11% AMEN R Asrs ALL O AC STA 7+7601 „to gal 1 S7FL7�E OPEV Cur 7 r . FUTURE F.M. 1378 COUNTRYCLUB OAD) — _ o M � ��i�►r 0 142 SY..LCNC w1uT d PWr. .PERMANENT O N I K pROP.NO.K 20. .T N (i II I -5MP'- " 7#X= S w.L EASE-NEAT """'�_��'N F�— E / 11191,1 L!!= _ BW+� —r --I_ - _ Cam_ '� ro+OD 1---IIP'' .— -IOKtl- --/L 1+01-- �W y/ `' I / o ,��(��.WN 7057796186TN 705BOIS4%T I I / 0 I ._i E FURNISH 8 INSTALL N.7059102J86, 3f 1. N. PLC 1148 N 70S7519.9576 Pr.25599286236 PA STA.5+7a00 N 7058092.7741 N 7058192.0777 = d 31 E.15508T6,J776 TCp.1051!tr A8'TKL E 1559956.711I E.ISAW77S8701 0 12• E 2STA 9.9761 c AI STA'D+92BJ d=89'S9'40"L7. P• E/P.C.STA JNI.37 1-6"BEORIYF KW ASSENBCY P.I/P.0 STA 6+2500 P.I./P.T STA 7+46.02 NM?LINE 4-0171'59'LT. 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BIRKHOFF,HENDIiI G EN&CONWAY,L.L.P. s �I /� T € I CONSULTINGENG[NEERS !r_.....^__ �"'Y.((y>;u.�1 F.M.1378 WATERLINE _ 200&,s5 I! 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Z If1 �\ „ s� �+ / 25f079S73r9 !N P.L/P.r STA 24+33.31 M AL 70555976714 K 7LLSB78�159! K 7W901615J2 ■OIIERIAE LYdRE-S OSTA A' i16 11 = I E 156076&9205 E.2R�J78670D E.25605287175 P.G SJl 17+J7.J1 �` d /Pi?$B'R7. 00 P./.SA l7+IB.93 P.L S!A I+wT529 P.r.STA 10+5677 R. 560748.1570 T 3 d-07127J'RT. 11' Pl/G.G S7A n+J7.J2 E 2se07SIt 20 e s a9ro+'ra•tTPROPOSED e-arJs•RE e=a6•//s6' '' w.L`cA:ssEwwr WATER UNE R-293258' AL/P.7.STA 2055577 \ . / N I T-l59.4' d-60'5320*RE /ay`. CI C=Jf9.f5' K 70.59371.3280 E 2550799.0114 9 30 103 150 F P.L/PT.YV SSTA.21461.78 I Z / d-90 PO LT. tlR®NfN MILE IIIIT 1111 4'q 4Q a 0 1 515 I Y{ i Y J r ^ c6D1A0 uc 1 j w� i �_�--r�' `� 1 i i 1515 i 1 —I I I `n j y 1 ty +aen 510 I I ( w.Lioe II l': 1 r—r-' sto {505 I /1/// 505 1 j ��'�i I I f1�W.II, I i71-1-712 �• GJ� - - �r . i i 500 I j I j 500 I i I I j i • 1 495 III ..psi tlo lio Is —. , ( Bo LE izL Uni1a c906 .OR rBJ 495 I I I - r/20•STEEL OCASEMENT PP If N L I I Pr OR[R 7HW LYi7l CN I ' 490 I B6672 LE a XL[i IM? i _ I I I ISS PS LF,./21 wL.�A L30.£LW rBJ /cuss O, i yr mw cW I / n a-a EueEl Br troy 4u' I i 490 m a I n �R R Lt. �r g I 3 s 1 485 ` h i 8C `V V V R 3 1 $ I ! ' h i " 0 485 .3 '� I i•C-.1 3 I .1 't i 1 I i i� ��..II k--! _ -� Fn, �y I ,� i 1� 490 iI I 4� I ! I ! a� I 480 two14-00 15-00 10.00 174a0 16400 191�0 26400 21460 22+00 95300 2N00 79POD 26400 BIRKHOFF,HENDRICKS&CONWAY,L.L.P. s%00 (e • CITY OF WYLIE,TEXAS PROJECTNO. SHEET NO. I CONSULTING ENGINEERS •!L...__ F.M.1376 WATER UNE 3006-125 I 75O2 Greenville Ave.,suiroL]A _."'.""�''''"a' WATER UNE PLAN&PROFILE 14)Dallas,36 Tam who. =4 2ODa STA.12+OO TO STA.20.00 sepenmer,mob 4 (LIQ 761-79fp / '/3/00- II:\Nq LW00061r5V11137!\9+eeY\20001:3•PnArg HOT SUM 1:100 RAT STILE:11.1746 PLOTTED ITf:VOW ON 9/3/I004 i 1 I I (ay OTHERS 'I I I. JOf.I•46.T.i'; 5 J 45 tI 1 STA 29+20 STA 29+90 C 1 10 J - L I j FURNISH d WEAN-- ( I ' f ' �/'�7� BY OTHERS coN. F 12.1 41ER LINE BY MEP IOW ( { ! Z r M(S I I\ a ss n F .' OPEN COT./20*S7FR 0/CASEMENT ( )S 1 2 .+F A✓C p.( t 7 N; Pr7 PPE 064(1/ TIBCRJ -a'.� .n rt Imo-' l — — -j — — — — r ca P i I • O - ,2 a : r jj. I. _ .A_u , o f \ to-- PROPOSED 2' S�— wA7DP � �i7C� irA ,If E I� `. - [ ` � 4 - WNO — 9M A5780 m.r .-• Zf0 O i P. ii; ` // 1-x76B7E.2380 N A759967.BR00 ,I S I E.2YM210320 +7A01%57/f/NSTAEL ----' BY' __--' _J __._ ._ —. 1-8-MT 4 Vt I'=h5=4y'<O! 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J'i) LJ;I T �_ /AF4A 7 9 LF l2'WL C90.'A'GR19 T 57Ef1 ® EIREE 4 f 1 _ ,,,:.s. L . : ,,,, , .,_ 1 k 4 1 i 505 9e-. _ r:. ,,...' . ►>t'�ci'a:E• - illE /�r.�w- rr.ro. ,�ew „r -. Hu_`^" - -I 505 pii �� R �ti & crawl _ �h) f [ I - -� ... , i 500 : n I a ,n o n ^ I n n III j 500 INEM495 I a� I E ��I z 495 26+00 27+00 78100 2916E .1000 S" 12•00 'Si) 34tw"'^ 35;CC 35+00 ,.u0 .3450 :9I L0 ,3,CO I r ?X'- - �• a - CITY OF WYLIE,TEXAS eHc I BIRKHOFF,HENDRICKS&CONWAY,L.L.P. ,T PROJECT NO. SHEET NO. € I CONSULTING ENGINEERS wso"— F.M.UM WATER UNE 7502 Greenville Ave.,Suite 2m Mks.Tom JOf" WATER UNE PLANE PROFILE 2oos125 \ 4 4 I° (214)361 Sq..I9LRr.2006 .7900 y.: Y 4 ao�8 STA.26.00 TO STA.40.00 5 i TENSED:a/6.136-JMIMK N:\heheNe\R'4.V 06125\NU79\S4 b\2006125-PP34N PLOT S/MO 1n00 ROT SME:11•17.cio, ROTTED et 6MIX 81 9/0/7009 . 1 I 1 I 1 i I I 1 I 1 8171N•'AD/6• • 1. P0R74ERCAIED RAMC SPACERS MA7,tE ARPREKED BY 11E 01MR 1,r j LAMAS PW.AIE1 M P(M'S 2.-6• f 2. COIMIC7819IYL MIX SIR O E EADO?CO WIN WC 10 IOW t 0.10$IOL 7 i/Y LifMNY'Y 6E7#8 AIE[FSL MD 4C(f1CMW. 121470 Jf MORIa P102.f717 PRESNYL ASSI M/R(ONS AAD Mt Meat € AR34/,4P MP 187CMMY C82SSACi RI.CS•571YL&e CUISBPCL7ID 11' 12' 8•-O'MAX. I MR A IRV ME SFF AWES O FA A) O IX JO SPACERS RR16-21 AY8C O M pyY _- t , , PPE�lL 'III MR IIX - S7EII LAGYAtlY,AY .Jul_ , V' , ,. i, S7FEL fACAStiEY7 Pf'f CVO&PIPE A° fi--•rd. T. .- 12'. ;yyF nvv ` AM/q6 ION PSI CRC BM' SECTION ELEVATION ":'ar�K Y-A•wrsR nwlElDr OR WILE WE SRO PSL 0110[K ENCASED ROAD OR RAILROAD BORE USING PC SPACERSMD SCAIE AIR RELEASE VALVE W/MANHOLE 3p INFLU bx 1111 q! !�IN -- - MOM Fir Mr a-L Pownr # Ar YIVI ii fC ISM LOW A a eose • NNW eLxfir_ mMec�Li�®4 J 4 4 5 . I I FABRIC&MEW H478£ R AY)7E PLACE CED7IXME NOM MUMS WHEAL R CRUSHED ROWE IS Pw O_ NNW YMI NW Ai -COSMOS:0 RE . - .Y26'7 LM OlNRM 4®SM yS� MUM LYiIi1L9FD 1� Ii f�!!�� L110Lt'MMI.' 7� �t R!AS[I/fl�l MIME pi pOe,'� R■■ �r aar[x %'"�//j zimr is(dl � MACE A CRUSIED SLOW �@bc GIM 3/4 0O. t2:1111.1,ISE. \- 1JfaTMion,w0) Miww[ � Ry,�1l.taaMinlTP�//EM 2L!(gy = i 11 �� Cvs CLASS B-1 EMBEDMENT IC127ORMOE • ' .,.•Mr P.V.C.PIPE 01QY . sm.P.V.C. BLOW—OFF VALVE W MANHO TER 1 (cvss81)l� / LE 10 miff • p wm`IMORO. .. (IMAM PS W. 1. M i PRECAST CONCRETE MANHOLE 111 V OM MU I I 1 BERKIIOFF,HENDRICKS&CONWAY,L.L.P. ? `° /�' � CITY OF WYLIE,TEXAS enc PROJECT NO. SHEET NO. CONSUL"1'LNG ENGINEERS F.IA.1378 WATER LINENarH125 7502 Cu(214la AvnSpite 220 /J I� �� MISCELLANEOUS DETAILS s Aille,Turs ce atoms 4 `7(214)361-1900 �8;4Li s September.NCB111,1 ]/0S.1„1* I!\Pm 4t Pde\Myh\9001:tf5\fY13]A\9wela\Sg181\Slwh\L0011Y3-Ot5-OENISGp qOT SCALE 1:10 '-,LOT STYLE 11e11sM 'tom M:XMIFA ON 9/12/9004 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 14, 2008 Item Number: E Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: 09/24/08 Budgeted Amount: Exhibits: One Subject Consider, and act upon, a Final Plat establishing one lot on 12.6 acres for Gateway Community Church, generally located west of FM 1378 (Country Club Road) and south of FM 2514 (Parker Road). Recommendation Motion to approve a Final Plat establishing one lot on 12.6 acres for Gateway Community Church, generally located west of FM 1378 (Country Club Road) and south of FM 2514 (Parker Road). Discussion The property is currently owned by Gateway Community Church and totals 12.6 acres. The property was annexed into the corporate city limits of Wylie in August of 1999. The purpose of this plat is to make the subject tract a legal lot of record and to allow the creation of a building site. The project will be developed in phases. The initial phase of the development will accommodate a 13,800 square foot church/worship center. Permanent zoning was established for the subject property with the approval of Planned Development 2008-22 in April 2008. The approved Zoning Exhibit served as a preliminary plat. The Plat provides access to the subject tract from the private road as described in the Real Estate Agreement initiated by the purchase of the property by WISD and the platting of Rita Smith Elementary School. The Final Plat complies with all applicable technical requirements of the City of Wylie for recommendation of approval. Planning and Zoning Commission voted 6-0 to recommend approval. Approved By Initial Date Department Director RO 9-24-08 City Manager � (01 I uJ Page 1 of 1 6 O I. I • OWNER'S CERTIFICATE STOW• N OF TEXAS NOW.THEREFORE,KNOW ALL MEN BY THESE PRESENTS: Man All YEN Br wTHESEPPRESENTS:TO n of COLON Ai 1. he eo an, t•as and• �t 1 OF . land H .64,*e. � hereby e e.o w n accordance.,n me Subdivision mamwa m me r � o m o , WI ;M13 y R«om wv mm neto s asz oom g cm,m,o pone benq To.Ve kuo r ...o,d.. '40. purposes. The easements and pub.W.areas.os shown.ore d•edryoted.lor ,eon„r„a,m • ,q Approvedm °,.a.: o'w in n„,be MEing,enortheo„s,<,.,sofa conor pryced upon.en,or across the emements os shown.except that structed °.,< =0= BBBE,:.,,.e =,, axt.,BEaxxlx°. ,.the, "along the west I.of F IA 1376.a :°o q...bor......bor... F MAAS CU COUNTY a eMEN State of on this dary personally Dor.J.Sordukan.known to rne N. as THENCE SOE1OWEE. . gwe. ere.m,: ,me thatenea home e.,na,N Go 300 end a..^, .81 h Niverchamaa.ne. .or Ports of wry OPWIng.Ie..,trees.shfAM or other THENCE ate I.a <e e,92300 feet,o a 5 iron nod found "ykry of Wy.and publ.utility entities shall ot �x �,mr�,. .�ee.nice °ii-1-1 E sold easements. The THENCE e.,on<e o,BB]B lee,70.27, ,a the north ma ,a cane,, „,.n times haveor hart from .,haw ...< am „e.a, xas helebry a� w<.to e.,ana.a,5z.3, ,..°r,=,.m me,ace <ene,. and fTHENCE ound m,<orne. .""t""`e.,ease feet to a fir�m<,� ,..ow,.a..a,one nr �rb<.T..o. Curve Data Chart mExeE sn3x n'E mzn rz<,m a a„m«o, wns my,... ,< ew m ane,one cauo further amho„ee.h<moro oe,a no,.,.d. ead THENCE NOIX7TWEE.a distance of 65 DA Net to the POINT Of BEGINNING old GONTNNING 12 66 bares of land Authorized Signature of Owner BASIS OF BEARINGS: he ba q,noon web,a on c„o wye xowmn„ct ad ue .a xme na Tne C r Se cre,-a ,o STATE O / .^•ea COUNTY OF caulN 1 bur,n ooa,o.,h. •91' - © dx \= evEx therein .oe<,<er nee r°a m mode ue,',h,ane many m n ' ., Line pmData .»„Chart ,he stone m T<.a, Po0sz14 06 L',.,,,e„<..0 r...'..,..." i .........1 t�owuVQueo�wp ,o„e, e..D VICINITY MAP vm L11 xao or.wortros es- N)3'321)W SOL{p05 E 1_.. _. ,e r 1 , _ B -poGB�4 06 id� r �, ®60�B,YJi�W� FINALPLAT _ n Lot 1,Bock A ,narc ' .v °' I 13141,1F " �Mi GATEWAY COMMUNITY ° II It �,°uE..'Eo:.gin j 'I IN - bat,.Block A "=� Zjjo CHURCH ADDITION 1`�:'-"`T. ere. An Addition To ay�,3�z. ➢.2{1fuse OW NB THE CITY OF WYLIE i,, 12{19 e.Net, COLLIN COUNTY, TEXAS Ic I. 12.419 ACRES i WILLIAM PATTERSON SURVEY r;�,s•,,,,,y Ea,.men 1 ABSTRACT No. 716 78 amour• ommunty Church of Murphy Y T w ,q,° a 2201 xa 1750 e(�' Wylie.1 FM 7Oae �'fe•" Bz s I�n ire, .. w Telephone 972 429 5630 se9ne zi•wJ o CI zo W n ,Bs I ,. ,s ,z „ B9.ze',b q e , ' ry r Au.n \ \ � K ER ,M1� elepNon\uuny E.,.m<,., University Y.Texas )50)1 u 01 a,gne, <, q McKinney Sex 642-1446 and bultaing,..min. core a September 5,2008 • Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 14, 2008 Item Number: F (City Secretary's Use Only) Department: Planning Prepared By: Jasen Haskins Account Code: Date Prepared: 10/08/08 Budgeted Amount: Exhibits: One Subject Consider, and act upon, a Final Plat creating two Commercial Corridor Lots for Stewart Addition on 2.168 acres, located at 400 East Alanis Drive. Recommendation Motion to approve a Final 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 no further plans for Lot 2 have been submitted to the City. This Final Plat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted 56-0 to recommend approval. Approved By Initial Date Department Director RO 10/08/08 City Manager IY\ J0 11 (oc‘ Page 1 of 1 , LEGEND — 9a�."1 N S STAMPED"GRIFFON B46 CAP additionCE:Se a t/2 C.A 5/2.IRON ion • 4. L W/ P r dat tioce nd i 9 _11 LR E IRON ROD FOUND n and tines •• _ f ° OLu odode it withholding of gibs utfiii es to p.R.C.0 r. D RECORDS C u CWury e� 41E - oe '� COONS �¢�`_- i ifm mi 1 _------ — -- v] Tr RAP�.. ALANIS DRIVE NTs. E.C.DAVIDSON SURVEY (e0.WOW) A-266 10' 1m165• ,,,, 1 — - — — — - A-286 N8936'48wE 700.00' � �,�_, I -� �-- 37718 _____4 _ y1,StOOlt unl,iu,g1ASERENT e HENRY L.DOUGLASS SURVEY 1 A-292 rva Tie�� •••) m LOT 2, BLOCK 1 o aR ' LOT 1,BLOCK 1 19 g I o0o c 1 o m O sN6. ,601 N ' _ r X Dq«r m �e= (e,6,°"z D04020 M m I 1 m rims, `o1ew020003 oo) 1 En Ali IPA IRS H F 1 ! ���� .,a tt tr. d6 • i,'a — — ,r , ie o xe n,t6`td'6.LL __ L A. 17110, c 3 e I Bo , w_o A ,e S 89.36'48e W 700.0' 1I�3 R_ SCALE IN FEET K j A^. `___ 1 as $M BP OF EGIN °'.q°° S c`Lo^'i ) 9 .i �xm�oacc.eaalA tj PROPERTY OWNER'S CERTIFICATE APPROVAL BLOCK SURVEYOR'S CERTIFICATE I cauurY or sToN; f d rewa , X.,?e od:1o0a em are. REcOuufrvofo FOR APPROVAL. KNOW All MEN By THESE pRESErvrs, c. tr:Tar de. er p wer ypoewer rp smo Conan County,Texas.goad 2.168 o<rc tract being e panKu y described y metes and bounds oe rand.,. p ion in xcadece with the SubaiWd,on Ordinance of the y wyi. City°Wylie,Texas9Jk anay acdlea 199.3963 acre goat I land described n deed to Woodbridge Properties.LLC as recordedDocument No.q,oat Records: GIVEN UNDER Mr SEAL of DffICE THIS___Onr of 2008 'APPROVED FOR CONSTRUCTION 1, __ to cap,tamped'DRFFITH 4846 set for the northwest corner o e 1603 ace tract sag caner being the swfright-of-way a of Aans Lone o 6O DONS,E......I0H i.'q,of Moyer.Lily WA..TEE., Date East.Wth the north boundary lines of said 11603 acre tract ond said 1.000 acre trod old the south right-of-way line of said O SURVEYOR OW Ala,lane.a dieter,.of MOOD feet to°secondsTHENCE North 89 degrees 36 minutes 46 1/ Document No.q2-rnNOfe or sold Deed inch iron rod found for the northecist corner of soid 1.000 acre tract and the easterly northwest corner of a 0.203 acre residue STATE or TEXAS N0.4846 \\ 4B4a 6.e, Ir,of o called 1.44 acre tract of W.deserted n deed to WINdm E.Delaney ona Nelua N.Delaney. .as recorded n Cleans Dow m 9 ��/ OF COONS m 13499 fen to e.q/c�,n<n em god wpm cop doped SEORIO 4846 set row me swtheest[arner Ef got 1.ODO tore vacs am on NI corner 5f,me a.eel acre re,:we trace, ACCEPTED STATECOUN 00 COWS 4 Before me,tn.unt.signed authority.a Notary P.,,...for tOe St,.,-Rt7eo.em thM.r pet-Sancti, is nib xoyo, y wNie.Te.o. Date and south boundary Ones of said I COD acre troct and Soici 13663 acre tract and Me north boundory line of soid 2 91 ocre tract o total alstance of MOOD feet to the POINT OF the forego,ustroment one Mow...M me that be executed the some tor the Palo.. BEGINNING AND CONTAINING 94,4 v feet or 2.106 ocres of land o wNe a ...r.to the wan^p es of office th,s da or cute. NOW.THEREFORE.KNOW ALL MEN BY THESE PRESENTS, f then <,Z.:.;s%°.",„tm to e77,,[o=��afi m __ a'P'at°I the s wnioo4 on Given under r e a a,eo - r Wylie.hereby adopt this plat designating the herein above described grape,as the STEWART ADOPTION.on addition to the City of if Texas,ond does the formal y.ore pot and sod Cwnnl further wts, e fee easements,pub, to note the hereby degeote,.fee strode`t - - blic ements shOwn The streets and or for acceptance thereof by sig q home a,herein subscribed. shrube or other improvements or growths NCO be constructed or pe°IL.rp No P n, Oro of AD..2DOB. e piecedupon, w az Witness y nano this r My Commission i frp es Ca.o3/te/1o11 use w q e some unless the easement Bands the use to particular uteNies.said use by w t wakes be q wbardmdte ON I Public's and L y f COW ther aThe ge City of.BIN an a 05'I1 Id r W0?;a� g c tr EOwNO�Teals FINAL PLAT way endanger d interfere.iin....,....moi......o7 efficiency of their resPective sYsteTs in mid wasements.Ths CitY of ma 051 NO erg, ode q Orr re°.q Orr efib CCN,r EOWNE. s edhwt the nedesaty my .prde� p „eon frdn mym STEWART ADDITION *spat°pro a to d plotting ee,°nce,,rwe,. 9 ian,am resolutions of Ind sty d wAr.Te,o, BEING WITNESS. m,the d y Nalee. OWNER 2.168 ACRES BC Daniel w Stewart.wn.. 1.Co meaments are 1/2'IR.s.W/CAP unless otherwise Indicated. BANIRL A.STEWART SITUATED IN THE 226 ZACHARY WALK STAII OF TEXAS 6 2 Bea 4 e bared an State Plone Coordinates. MURPHY,Tx I5094 COUNTY OF COLLIN I HENRY L DOUGLASS SURVEY ABSTRACT NO. 292 a ee,nib p<,NC whose ndm< n Zone-x ea on me Coll. AND SURVEYING CITY OF WYLIE, COLLIN COUNTY, TEXAS o,.e,ertee m the forego g er,.mmt ona oana<wl.aq�adto me root nib e.ee.ua me some m,t p v one ran„m.ondns tn.re,n P sea. nib Incorporated A e Rate Nap et uUm 4808505E5 G. GRIFFITH LAND SURVEYOR CO.,LLC Januarydated 19,1996.a plc Emergined to be PutSide 5.-year aeenncy Management aAgencadtaloin.The Surveyor `. the of CAPITAL STREET oboGiven unto y a and sea of 0ffce,man oar of 2roe, e3ooapia0nmin a Surveyor does not certify W LIE IS 0B ENGINEERING CONCEPTS A DESIGN L.P. tharevareferenced information has or has not been published y e Federal Emergency (972)g -1 N ntagemet A9ency�o same other source FAX(0I3)9 B464ot Oros leepl nr-igar I=37 743 y mrsvan f p M. DATE lutY 0, ROM nt0A5\efdned P,C ei ,, \LEE Nkan NCie-Awn*Ln\Alon'o Or not Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 14, 2008 Item Number: 1 (City Secretary's Use Only) Department: City Manager's Office Prepared By: Mindy Manson Account Code: 5111-56990 Date Prepared: July 8, 2008 Budgeted Amount: $33,000 Exhibits: 8 Subject Consider, and act upon, allocation of funding for Not-For-Profit organizations: Children's Chorus of Collin County, Inc., Collin County Children's Advocacy Center, Collin Intervention to Youth; Divorce Recovery for Kids at Wylie United Methodist Church, Equest Therapeutic Horsemanship; Meals on Wheels, Inc. of Wylie; Plano Children's Medical Clinic; and Wylie ISD Education Foundation. Recommendation Motion to allocate funding for Not-For-Profit organizations: Children's Chorus of Collin County, Inc., Collin County Children's Advocacy Center, Collin Intervention to Youth; Divorce Recovery for Kids at Wylie United Methodist Church, Equest Therapeutic Horsemanship; Meals on Wheels, Inc. of Wylie; Plano Children's Medical Clinic; and Wylie ISD Education Foundation. Discussion On September 23, 2008 the Council heard presentations from the listed organizations regarding proposed funding allocations, per Ordinance 2005-52. A total of$33,000 has been allocated within City Council's budget for Not-For-Profit contributions in FY 08-09. Public Notice was issued to inform the public of the acceptance of applications, with May 1, 2008 being the application deadline. Each of the following Not-For-Profit organizations submitted a Request for Public Funds and provided a summary of their program. The amounts requested are: Children's Chorus of Collin County, Inc. $ 6,205 Collin County Children's Advocacy Center, Inc. $ 15,000 Collin Intervention to Youth(CITY House) $ 7,000 Divorce Recovery for Kids at Wylie United Methodist Church $ 2,000 Equest Therapeutic Horsemanship $ 5,000 Meals on Wheels, Inc. of Wylie $ 3,000 Plano Children's Medical Clinic $ 10,000 Wylie ISD Education Foundation $ 2,752 Previous recipients of funding since 2006 include Collin County Children's Advocacy Center, Equest Therapeutic Horsemanship, Friends of the Rita & Truett Smith Library, Meals on Wheels, Inc. of Wylie, Plano Children's Medical Clinic and the Wylie ISD Education Foundation. Approved By fri(t/IT 1 ate Department Director ' 1D g /o� MM 7-8-08 City Manager a ■ A /, a ® • .: 1 I I 11 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 14, 2008 Item Number: 2 (City Secretary's Use Only) Department: Planning Prepared By: Renae 011ie Account Code: Date Prepared: August 20, 2008 Budgeted Amount: Exhibits: Five Subject Consider, and act upon, authorizing the City Manager to enter into a Development Agreement between the City of Wylie and James Stephen Gee and Stacy Lynn Gee for the development of Southbrook Phase III. Recommendation Motion to approve authorizing the City Manager to enter into a Development Agreement between the City of Wylie and James Stephen Gee and Stacy Lynn Gee for the development of Southbrook Phase III. Discussion Mr. Steve Gee, representing Southbrook Phase III and Attorney Mr. Art Anderson contacted the City in regards to initiating a Development Agreement. Staff has met with City Attorney Mr. Richard Abernathy and discussed the general contents of the agreement. Through numerous iterations, the attached proposed Agreement is presented for consideration. The proposed Agreement sets forth the property involved, which consists of a 7 acre tract. The property is currently within the Extraterritorial Jurisdiction(ETJ) of the City of Wylie. The Agreement states the Developer agrees to file a petition for annexation of the property within thirty (30) days after the approval of this Agreement. The property shall be developed and permits issued in accordance with the proposed Agreement regardless of the zoning classification affixed to the property. All development shall substantially comply with the Final Plat. The Agreement further states that development standards of the Single Family-10/24 District as contained in Zoning Ordinance 2005-58 dated 01/24/2006 shall apply except as shown in Exhibit C (attached). The minimum dwelling size proposed by the Agreement is 1,900 square feet with a minimum lot area of 8,200 square feet. Properties to the north were platted in 1988 as the Twin Lakes Subdivision and developed with 8,500 square foot minimum lots and 1,500 square foot minimum dwelling size. Properties to the east and south are part of Southbrook Phases I & II and were platted in 2003 and 2005 respectively. Phases I & II are developed with a minimum lot size of 8,000 square feet and a minimum dwelling size of 1,700 square feet. Alleys and rear entry garages are prevalent throughout the adjacent subdivisions. The proposed development will meet the base exterior material requirements of 100% brick, stone or masonry stucco, with a 20% stone or decorative brick accent on the front façade. Page 1 of 2 Page 2 of 2 The developer is proposing to accomplish four (4) of the five (5) required desirables for Architectural Requirements as listed in Article 3, Section 3.4 Residential Design Standards. 1. Both Front and back yards will be installed with turf grass sod. Each lot will have 2 trees and 10 shrubs. An automated irrigation system will be installed. 2. Certified by USGBC or LEEDS for energy and water. 3. Lighted Front wall plaque. 4. Enclosed with masonry matching exterior walls and capped with 40% stone to match house. The Agreement sets in place the building setbacks for the development as follows: a minimum rear yard setback of 20 feet in lieu of the required 25 feet and a minimum side yard setback on a corner lot of 15 feet as opposed to 25 feet. Minimum lot width being proposed is 70 feet in lieu of the required 75 feet. City required development fees shall apply to the development. A Final Plat must be approved and filed prior to the issuance of any building permits. Approved By Initial Date Department Director RU 10/01/08 City Manager T IT t - il1�111�1 " (r.• =1{{1,u �11,1_pH ��.. 41111M I 11ii1■1n llitiitl p 111>> 1 .trrrt111UIt■N. . riling. ;r __ I 11 iIIPA ,..N. `�t.iuu UM k ; �..1 ■.i !S —— �` -1:111,...._ 41P�' -Tor 4A11111■�,. 'w�i1,f-S-�, _ • y 1♦ - —ANI EN � it-mi"lant �i1t1►� �Iiiii::: 174.1 --- ...E-= -i - ---- - n■ '.g 1 1 1-77 T M ...... ** 1 - Iii ET Opic,...3.31,12--n-EsAsis --til1 1 Arkram/so NI ms l 1 i -`'r E1 ice: !!'iI I— Cs i E z.-m� �_1t1::/r■A�l■l. 544 t i j 411p1p.. miim~ wigll i-iniM- -In .1 mii _- 'LU II t / , „ i iII � i C ail. il► wit i i i �i / 0 '= ' 11i1iii1111ii .1 ,"4, '� \ =.y \ , .,,,,,s,... ., ,4„,1 .,,Aty ty., --.......--•-•-"- _ - i , / ,A..0.0�'`�'Ill� = ;_ ! l� #10 Ammo Subject '•.�,: o - Property . � •Ir11.1u11■11/0 - a �. . ■.... .. ...:. ! ( [T1�,1111111111111111111 �,in l_kj .:.II2 .. . (liii - t .. .. 1 .5..�..,..t:� ti i a i•'i i i rr..:..C' a Ai....F..c. 1• �� 1!!!..i--!! ���a. al n. .��nimlr m • �ll_I!! ! iiAtV ii1 l ) (�.-__ ____._._ 1'- - -- • -':11n# �:111111111f111�': c I 1 11 11 q 7"111111�IILU —I . e,.... p- ..ffinumunign r_1 L-][-- 1 , _p1 i►ii.,i,•1101/11M Ile gloms Drtve • - -1 1 . iii. �; ,, 1 NI _i_� _._ pl. .1..I. - t...`ram��At i �U,IUI11111111l.�1111111111U► -'i��: / Q 1m1111/1111.; . vonrip um tarp !i -111 I. �' flllllillllil 1 - ! r--r--r-T—_--r_._...__. luiumuw4,21 'mall monism i.1.010, „!iii I i 1 „limis.ran I 12..3 i-• -.-,z(64iii At i ,---, i i 1 ` tmriri•-- r F t r. 1 • Li t iiiiii O111111111111 �.` I 1 I 1 ' { I 1,1 1 11/►/ IIIIN11111111/I TT t i 1 -� ( ` + `r�1 �,� r � �.. 11- -g. `, 1 i I 1 ( F STATE OF TEXAS § § DEVELOPMENT AGREEMENT COUNTY OF COLLIN § THIS DEVELOPMENT AGREEMENT (the "Agreement") is executed this 14th day of October, 2008 ("Effective Date"), by and among the CITY OF WYLIE, TEXAS, a municipal corporation existing under the laws of the State of Texas (the "City") and JAMES STEPHEN GEE and STACY LYNN GEE ("Developer"). RECITALS WHEREAS, Developer is the owner and developer of certain real property described in Exhibit "A" (the "Property") located in the extraterritorial jurisdiction ("ETJ") of the City of Wylie, Collin County, Texas, and a development known as Southbrook Phase III (the "Development"). WHEREAS, the Parties intend that the Property described in Exhibit"A" attached hereto, which is in the City of Wylie's ETJ, shall be annexed into the City of Wylie as provided by law and by this Agreement. WHEREAS, the Parties desire to obtain the benefits of certainty and predictability that can be provided by a development agreement. WHEREAS, the Parties have the authority to enter into this Agreement including, but not limited to, the authority granted by Section 212.172 of the TEXAS LOCAL GOVERNMENT CODE. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, the City, and Developer agree as follows: I ANNEXATION AND DEVELOPMENT 1.1 Agreement to Annex. Developer agrees to file a petition for annexation of the Property within thirty (30) days after the approval of this agreement. Regardless of the zoning classification affixed to the Property after annexation, the Property shall be developed and permits issued in accordance with this Agreement. 1.2 Development Plan. Development of the Property during the term of this Agreement shall be in accordance with the Development Plan as depicted in Exhibit "B" and shall serve as the Preliminary Plat. All development applications shall substantially comply with the Final Plat. DEVELOPMENT AGREEMENT-Page 1 1.3 Regulations/Fees Applicable. All regulations pertaining to the development of the Property set forth in this Agreement and all exhibits hereto (including the Development Plan), together with the City's development regulations as modified by this Agreement, shall constitute the development standards and conditions applicable to the Property (the "Development Standards"): (A) The development standards of the Single Family-10/24 District contained in the City's Zoning Ordinance shall apply to the Development except as shown on Exhibit "C". The minimum house size shall be 1,900 square feet. (B) City-required development fees shall apply to the Development. II NOTICE Notice. Any notice to be given or to be served upon a party hereto in connection with this Agreement must be in writing and may be given by certified or registered mail and shall be deemed to have been given and received when a certified or registered letter containing such notice, properly addressed with postage prepaid, is deposited in the United States mail, and if given otherwise than by certified or registered mail, it shall be deemed to have been given and delivered to and received by the party (or such party's agent or representative) to whom it is addressed. Such notice shall be given to the parties hereto at the address set forth below. Any party hereto may, at any time by giving two (2) days written notice to the other parties, designate any other address in substitution of the foregoing address to which such notice shall be given. If Notice to Developer: Steve Gee 5800 E. Campus Circle Drive Suite 234-A Irving, TX 75063 with a copy to: Arthur J. Anderson Winstead PC 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270-2199 DEVELOPMENT AGREEMENT—Page 2 If Notice to Wylie: Mindy Manson City Manager City of Wylie 2000 State Highway 78 North Wylie, TX 75098 with a copy to: Richard Abernathy City Attorney Abernathy, Roeder, Boyd& Joplin, P.C. 1700 Redbud Blvd. Suite 300 McKinney, Texas 75070 III DEFAULT 3.1 If a party is in default under this Agreement, the nondefaulting party must notify the defaulting party in writing of an alleged failure by the nondefaulting party to comply with a provision of this Agreement, which notice must specify the alleged failure with reasonable particularity. The alleged defaulting party must, within 30 days after receipt of such notice or such longer period of time as may be specified in such notice, either cure such alleged failure or, in a written response, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. 3.2 The nondefaulting party must determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the alleged defaulting party. The alleged defaulting party must make available, if requested, any records, documents or other information necessary to make the determination. 3.3 If the nondefaulting party determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the nondefaulting party, or that such failure is excusable, such determination must conclude the investigation. 3.4 If the nondefaulting party determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the alleged defaulting party in a manner and in accordance with a scheduling reasonably satisfactory to the nondefaulting party, then the nondefaulting party may proceed to mediation. DEVELOPMENT AGREEMENT—Page 3 3.5 In the event the parties to this Agreement cannot, within a reasonable time, resolve their dispute pursuant to the procedures described hereinabove, the parties agree to submit the disputed issue to non-binding mediation. The parties must participate in good faith, but in no event must they be obligated to pursue mediation that does not resolve the issue within two days after the mediation is initiated or 14 days after mediation is requested. The parties participating in the mediation must share the costs of the mediation equally. 3.6 In the event of a determination that the defaulting party has committed a material breach of this Agreement that is not resolved in mediation, the nondefaulting party may file suit in a court of competent jurisdiction in Collin County, Texas, and seek any relief available at law or in equity. IV MISCELLANEOUS 4.1. Assignment of Agreement. This Agreement may be assigned by Developer without the prior written consent of the City. 4.2 Venue. This Agreement shall be construed under and in accordance with the laws of the State of Texas and is specifically performable in Collin County, Texas. Exclusive venue shall be in state district court in Collin County, Texas. 4.3 Savings/Severability. In case anyone or more provisions contained in this Agreement shall be for any reason held invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provision hereof, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 4.4 Authority. Each of the parties represents and warrants to the other that they have the full power and authority to enter into and fulfill the obligations of this Agreement. 4.5 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties to this Agreement. 4.6 Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 4.7 Counterparts. This Agreement may be executed in a number of identical counterparts, each of which will be deemed an original for all purposes. 4.8 Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. DEVELOPMENT AGREEMENT—Page 4 4.9 Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 4.10 Time is of the Essence. Time is of the essence in this Agreement. 4.11 Recordation, Releases, and Estoppel. Pursuant to the requirements of Section 212.172( c)( 4) of the Texas Local Government Code, this Agreement, and all amendments to this Agreement, shall be recorded in the deed records of Collin County, Texas. This Agreement shall be binding upon: (1) the Property and, except as provided in this subsection, future owners of all or any portion of the Property ("Successors"); (2)the parties; (3) assignees; and (4) lenders. Notwithstanding the foregoing, however, this Agreement is not binding upon, and shall not constitute any encumbrance to title as to, any end-buyer of a fully developed and improved lot within the Property except for land use and development regulations that apply to specific lots. For purposes of this Agreement: (A) the term "end-buyer" means any owner, developer, tenant, user, or occupant; (B) the term "fully developed and improved lot" means any lot, regardless of the use, for which a final plat has been approved by the City; and (C) the term "land use and development regulations that apply to specific lots" mean the Development Standards applied in accordance with this Agreement. A successor is not a party to this Agreement unless this Agreement is amended to add the successor as a party (which amendment shall be signed by the successor). 4.12 Termination. In the event this Agreement is terminated as provided in this Agreement or is terminated pursuant to other provisions, or is terminated by mutual agreement of the parties, the parties must promptly execute and file of record, in the Official Public Records of Real Property of Collin County, Texas, a document confirming the termination of this Agreement, and such other documents as may be appropriate to reflect the basis upon which such termination occurred. 4.13 Binding Effect. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and authorized assigns. This Agreement only inures to the benefit of, and may only be enforced by, the parties, assignees, lenders, successors, and the City. No other person or entity is a third-party beneficiary of this Agreement. 4.14 Authority. The City represents and warrants that this Agreement has been approved by the City Council of the City in accordance with all applicable public meeting and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been authorized to do so. Developer represents and warrants that this Agreement has been approved by appropriate action of Developer and that the individual executing this Agreement on behalf of Developer has been authorized to do so. Each assignee, lender, or successor who becomes a party to this Agreement represents and warrants that this Agreement has been approved by appropriate action of such assignee, lender, or successor and that the individual executing this Agreement on behalf of such assignee, lender, or successor has been authorized to do so. DEVELOPMENT AGREEMENT—Page 5 4.15 Governmental Powers; Waivers of Immunity. By its execution of this Agreement, the City does not waive or surrender any of its governmental powers, immunities, or rights except as to the enforcement of this Agreement. 4.16 Effective Date. The effective date of this Development Agreement shall be the date on which this Agreement is approved by the City Council of the City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first below written. EXECUTED in duplicate originals this the day of ,2008. CITY OF WYLIE,TEXAS By: , Mayor APPROVED AS TO FORM: By: Richard Abernathy, City Attorney EXECUTED in duplicate originals this the day of ,2008. By: Name: Its: DEVELOPMENT AGREEMENT—Page 6 STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 2008, by James Stephen Gee. [Seal] Notary Public--State of Texas STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 2008, by Stacy Lynn Gee. [Seal] Notary Public--State of Texas DEVELOPMENT AGREEMENT—Page 7 STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of , 2008, by , Mayor of City of Wylie, Texas. [Seal] Notary Public--State of Texas DEVELOPMENT AGREEMENT—Page 8 Exhibit "A" Description of Property • BEING a tract of land situated in the Allen Acterberry Survey, Abstract No. 23, Collin County, Texas, and being a part of a tract of land described in a deed to Fred Ronald Mobbs and Jean Mobbs recorded in Volume 1731, Page 385 of the Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod found on the East right of way line of Ballard Street (60 foot right of way) being the Northwest corner of said Mobbs tract as described in the aforementioned deed and currently being.the.Northwest corner of a tract of laid described in a deed to East Fork Special Utility District recorded in Clerk's File No. 2000-0041889 of the Deed Records of Collin County, Texas; THENCE South with said East right of way line, a distance of 247.00 feet to a 1/2" iron rod found with cap being the Southwest corner Of said East Fork Special Utility District tract and the POINT OF BEGINNING of the herein described tract; THENCE North 89 degrees 55 minutes 00 seconds East, with the South line of said East Fork Special Utility District tract, a distance of 480.00 feet to a 1/2" iron rod found with cap being the Southeast corner of said East Fork Special Utility District tract for an ell corner of this tract; THENCE North with the East line of said East Fork' Special Utility District tract, a distance of 247.00 feet to a 1/2" iron rod found on the North line of said Mobbs tract being the Northeast corner of said East Fork Special Utility District tract for the most Northerly Northwest corner of this tract; THENCE South 89 degrees 57 minutes 56 seconds East, with the North line of said Hobbs tract, a distance of 1048.06 feet (deed calls North 89 degrees 56 minutes East) to a point, from which a fence corner post bears South 82 degrees 41 minutes 27 seconds East, a distance of 1.19 feet, said point being the Northeast. corner of said Mobbs tract and being the Northwest corner of a tract of land described in a deed to Raymond B. Cooper, recorded in Volume.2819, Page 861 of the Deed Records of Collin County, Texas; THENCE South 00 degrees 05 minutes 00 seconds East, with the West line of said Cooper tract, a distance of 277.00 feet to a 1/2" iron rod found on the South line of said Atterberry Survey and the North line of. the D.W. Williams Survey,. Abstract No. 980, being the Southeast corner of said Mobbs tract and being the Southwest corner of said Cooper tract and being the Northwest corner of a tract of land described in.a deed to Raymond B. Cooper recorded in Volume 1326, Page 238 of the Deed Records of Collin County, Texas and being the Northeast corner of a tract of land described in a deed to Verna May Prior and Michael Ray Poor recorded in Clerk's File No. 99-0055923 of the Deed Records of Collin County, Texas; • THENCE North 89 degrees 58 minutes 17 seconds West, With the South line of said Mobbs tract, a distance of 1101.72 feet (deed calls South 89 degrees 56 minutes West, a distance of 1101.10 feet), to a 1/2" iron rod found being the Northwest corner of said Poor tract and being the Northeast corner of a tract of land described in a deed to Mary Elanor Stone Howrey recorded in Volume 531, Page . 695 of the Deed Records of Collin County, Texas; THENCE South 89 degrees 55 minutes 00 seconds West, with said South line, a distance of 426.74 feet (deed calls 427.36 feet) to a 1/2" iron rod set with cap .stamped "Precise Land Surv." on the aformentioned East right of way line -. being the Southwest corner of said Mobbs tract and being the Northwest corner of said Howrey tract; THENCE North with said East right of way line, a distance of 30.00 feet to the POINT.OF BEGINNING, CONTAINING 304,826 square feet or 6.998 acres of land. DEVELOPMENT AGREEMENT—Page 9 Exhibit "B" Development Plan a - 6, , __it'........., 1 : 1 7. ii. Wpiftli 11 1.,„-101101 %It t.11 6 i I * ) i ...var...7 . I I - V: i- ,• 1 TAM Ni-LT. 1 ' -oll.1- = ''I • ' _ r.._....L , • _..- , 1, , --"L" ' :•-• T . ' ' ' - 10 'T 0 0 ilitko 1 . .-1 , R i 1 i - A . .1 F t !i• 1 / ligji- , 1 .I -,• ""k . I . .t: A ' t , il 0 [ . ' IN 11 B i-2_is i DEVELOPMENT AGREEMENT-Page 10 Dallas_1\5165410\4 25440-10 9/15/2008 EXHIBIT "C" The Development will comply with the current SF 10/24 development standards except as follows: DEVELOPMENT REGULATION SOUTHBROOK PHASE III Lot Area 8200 sf Lot Width 70 sf Minimum Square Footage 1900 sf Side Yard Corner Lot 15 sf Rear Yard 20 sf Fencing All fencing to be steel post with 8 ft max height Landscaping Both front and back yards will be installed with turf grass sod. Each lot will have 2 trees and 10 shrubs. An automated irrigation system will be installed. Conservation/Sustainability Certified by USGBC or LEEDS for energy and water. House Numbers Lighted front wall plaque Exterior Facade Material 100% brick, stone or masonry stucco, with 20% stone or decorative brick accent. Chimneys Enclosed with masonry matching exterior walls and capped with 40% stone to match the house. Roof Materials Architectural-grade overlap shingles, tile or standing seam metal, no wood shingles. Garage Entry No doors facing Primary Street Outdoor Lighting Front entry and drive garage illuminated by standard porch light. Building Bulk Articulation Min. 25% of street facade offset min 2ft, min. 60%total area on 1st floor of two story Porch-Front 40 square feet covered front entry. Roof Pitch 8:12 min. Roof Eaves No wood Fascia or soffit. Repetition of Floor Plans and Elevations 7 lots skipped on the same side of the street before repeating similar floor plan and elevation. 4 lots skipped opposite side of street and no identical or flipped floor plans side by side or directly across the street. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 14, 2008 Item Number: 3 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: October 7, 2008 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Resolution No. 2008-45(R) adopting the City of Wylie Disaster Recovery Plan for Municipal Records. Recommendation Motion to approve Resolution No. 2008-45(R) adopting the City of Wylie Disaster Recovery Plan for Municipal Records. Discussion Ordinance No. 2006-76 establishing an active and continuing records management program/plan for the City of Wylie was adopted in December of 2006. Section 9 (3) of the ordinance requires that the Records Management Officer, in cooperation with department heads, identify essential records and establish a disaster plan for each municipal office and department to ensure maximum availability of the records in order to re-establish operations quickly and with minimum disruption and expense. Section 4 (2) defines "Essential records" as records necessary to the resumption or continuation of operations for the City in an emergency or disaster to the recreation of the legal and financial status of the City or to the protection and fulfillment of obligations to the people of the state. The proposed City of Wylie Disaster Recovery Plan for Municipal Records provides for the recovery of vital and important local government records in the event of a disaster that causes serious and extensive damage to those records. Recovery procedures are included to mitigate and repair the effects of major natural disasters. It further requires that each department identify those records that are vital to the City's operations and obligations and submit an itemized list to the Records Management Officer. Records identified as essential/vital shall be protected through duplication and storage in off-site locations. Special protection shall also be afforded to other records identified as important due to their informational content, uniqueness, historical value or because of the perish ability of the medium on which they are stored. These records will be recovered in the order of priority. Additionally the plan sets forth an Information Disaster Recovery Team delegated from the office of the City Manager. Page 1 of 2 Page 2 of 2 The City has executed a Response Service Agreement with Blackmon Mooring, Catastrophe Office for records recovery services to insure the City is responded to on a priority basis in the event of a disaster. There are no fees attached to this agreement unless mobilized by the authority of the City. Approved By Initial Date Department Director CE 10//7/08 City Manager /a/ 4 RESOLUTION NO. 2008-45(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS, ADOPTING THE CITY OF WYLIE DISASTER RECOVERY PLAN FOR MUNICIPAL RECORDS. WHEREAS, Title 6, Subtitle C, Local Government Code (known as the "Local Government Records Act") provides that a municipality must establish by ordinance an active and continuing records management program to be administered by a Records Management Officer; and WHEREAS, Ordinance No. 2006-76 established an active and continuing Records Management Program/Plan in the City of Wylie; and WHEREAS, Section 9(3) of such ordinance requires the Records Management Officer, in cooperation with department heads, identify essential records and establish a disaster plan for each municipal office and department to ensure maximum availability of the records in order to re- establish operations quickly and with minimum disruption and expense; and WHEREAS, City staff has prepared a recommended Disaster Recovery Plan for Municipal Records; and WHEREAS, the City Council has investigated and determined that the Disaster Recovery Plan for Municipal Records should be adopted and implemented by the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1. That the City of Wylie City Council hereby adopt the City of Wylie Disaster Recovery Plan for Municipal Records attached hereto as Exhibit "A". SECTION 2. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this the 14th day of October, 2008. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2008-45(R) Disaster Recovery Plan for Municipal Records ORDINANCE NO. 2006-76 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING AN ACTIVE AND CONTINUING RECORDS MANAGEMENT PROGRAM/PLAN FOR THE CITY OF WYLIE; REPEALING ORDINANCE NO. 91-20 AND AMENDING ARTICLE VI OF THE WYLIE CODE OF ORDINANCES. PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, Title 6, Subtitle C, Local Government Code (known as the "Local Government Records Act") provides that a municipality must establish by ordinance an active and continuing records management program to be administered by a Records Management Officer; and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") investigated and determined that its existing records management program needed to be reviewed and updated in order to more clearly and comprehensively establish a records management program to be implemented by the City of Wylie, Texas("City"); and WHEREAS, City staff has prepared a recommended records management program which prescribes policies and procedures consistent with the Local Government Records Act and in the interests of cost-effective and efficient recordkeeping; and WHEREAS, the City Council has investigated and determined that the records management program set forth below should be adopted and implemented by the City; and WHEREAS, the City Council has further investigated and determined that Ordinance No. 91-20 should be repealed in order to establish a more clear and comprehensive records management program as set forth below. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1. FINDINGS INCORPORATED The findings set forth above are incorporated into the body of this Ordinance as if full set forth herein. SECTION 2. REPEAL OF ORDINANCE NO. 91-20 Ordinance No. 91-20 is repealed upon the effective date of this Ordinance. Such repeal shall not affect the applicability and/or enforceability of City's records management program in effect before the effective date of this Ordinance. This Ordinance shall apply prospectively from the effective date hereof. Ordinance No.2006-76 Establishing Records Management Plan Page 1 SECTION 3. DEFINITION OF MUNICIPAL RECORDS All documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information recording media, regardless of physical form or characteristic and regardless of whether public access to them is open or restricted under the laws of the state, created or received by the City of Wylie or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the City of Wylie and shall be created, maintained, and disposed of in accordance with the provisions of this Ordinance or procedures authorized by it and in no other manner. SECTION 4. ADDITIONAL DEFINITIONS (1) "Department head" means the officer who by ordinance, order, or administrative policy is in charge of an office of the City of Wylie that creates or receives records. (2) "Essential record"means any record of the City of Wylie necessary to the resumption or continuation of operations of the City of Wylie in an emergency or disaster, to the re- creation of the legal and financial status of the City of Wylie, or to the protection and fulfillment of obligations to the people of the state. (3) "Permanent record" means any record of the City of Wylie for which the retention period on a records control schedule is given as permanent. (4) "Records control schedule" means a document prepared by or under the authority of the Records Management Officer listing the records maintained by the City of Wylie, their retention periods, and other records disposition information that the records management program may require. (5) "Records management" means the application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of information retrieval systems, the protection of essential and permanent information, the economical and space-effective storage of inactive records, control over the creation and distribution forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems. (6) "Records liaison officers" means the persons designated under Section 11 of the Ordinance. (7) "Records management officer" means the person designated in Section 7 of this Ordinance. (8) "Records management plan"means the plan developed under Section 8 of this Ordinance. (9) "Retention period" means the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record,before it is eligible for destruction. Ordinance No.2006-76 Establishing Records Management Plan Page 2 SECTION 5. MUNICIPAL RECORDS DECLARED PUBLIC PROPERTY All municipal records as defined in Section 3 of this Ordinance are hereby declared to be the property of the City of Wylie. No municipal official or employee has, by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. SECTION 6. POLICY It is hereby declared to be the policy of the City of Wylie to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the Texas Local Government Records Act and accepted records management practice. SECTION 7. DESIGNATION OF RECORDS MANAGEMENT OFFICER The City Secretary, and the successive holders of said office, shall serve as Records Management Officer for the City of Wylie. As provided by state law, each successive holder of the office shall file his name with the director and librarian of the Texas State library within thirty(30) days of the initial designation of or taking up the office, as applicable. SECTION 8. RECORDS MANAGEMENT PLAN TO BE DEVELOPED; APPROVAL OF PLAN,AUTHORITY OF PLAN. (a) The Records Management Officer and the City Manager shall develop a records management plan for the City of Wylie for submission to the City Council. The plan must contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the municipality, and to properly preserve those records of the municipality that are of historical value. The plan must be designed to enable the Records Management Officer to effectively carry out his or her duties prescribed by state law and this Ordinance. (b) Once approved by the City Council, the records management plan shall be binding on all offices departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the City of Wylie and records shall be created, maintained, electronically stored, microfilmed, or disposed of in accordance with the plan. (c) State law relating to the duties, other responsibilities, or recordkeeping requirements of a department head do not exempt the department head or the records in the department head's care from the application of this Ordinance and the records management plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the City of Wylie. Ordinance No.2006-76 Establishing Records Management Plan Page 3 SECTION 9. DUTIES OF RECORDS MANAGEMENT OFFICER In addition to other duties assigned in this Ordinance, the Records Management Officer shall: (1) administer the records management program and provide assistance to department heads in its implementation; (2) plan, formulate, and prescribe records disposition policies, systems, standards, and procedures; (3) in cooperation with department heads, identify essential records and establish a disaster plan for each municipal office and department to ensure maximum availability of the records in order to re-establish operations quickly and with minimum disruption and expense; (4) develop procedures to ensure the permanent preservation of the historically valuable records of the City of Wylie; (5) establish standards for filing and storage equipment and for recordkeeping supplies; (6) study the feasibility of and, if appropriate establish a uniform filing system and forms design and control system for the City of Wylie; (7) provide records management advice and assistance to all municipal departments by preparation of a manual or manuals or procedure and policy and by on-site consultation; (8) monitor records retention schedules and administrative rules issued by the Texas State Library and Archives Commission to determine if the records management program and the municipality's records control schedules are in compliance with state regulations; (9) disseminate to the City Council and department heads information concerning state laws and administrative rules relating to local government records; (10) instruct Records Liaison Officers and other personnel in policies and procedures of the records management plan and their duties in the records management program; (11) direct Records Liaison Officers or other personnel in the conduct of records inventories in preparation for the development of records control schedules as required by state law and this Ordinance; (12) ensure that the maintenance, preservation, microfilming, electronic storage, destruction, or other disposition of municipal records are carried out in accordance with the policies and procedures of the records management program and the requirements of state law; (13) maintain records on the volume of records destroyed under approved state records control schedules, the volume of records microfilmed or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition; Ordinance No.2006-76 Establishing Records Management Plan Page 4 (14) report annually to the City Manager on the implementation of the records management Yaaaki plan in each department of the City of Wylie including summaries of the statistical and fiscal data compiled under Subsection (13); and (15) bring to the attention of the City Manager non-compliance by department heads or other municipal personnel with the policies and procedures of the records management program or the Local Government Records Act. SECTION 10. DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS In addition to other duties assigned in this Ordinance, department heads shall: (1) cooperate with the Records Management Officer in carrying out the policies and procedures established in the City of Wylie for the efficient and economical management of records and in carrying out the requirements of this Ordinance; and (2) adequately document the transaction of government business and the services, programs and duties for which the department head and his or her staff are responsible; and (3) maintain the records in his or her care and carry out their preservation, microfilming, destruction, or other disposition only in accordance with the policies and procedures of the records management program of the City of Wylie and the requirements of this Ordinance. SECTION 11. DESIGNATION OF RECORDS LIAISON OFFICERS Each department head shall designate a member of his or her staff to serve as Records Liaison Officer for the implementation of the records management program in the department. If the Records Management Officer determines that in the best interests of the records management program more than one Records Liaison Officer should be designated for a department, the department head shall designate the number of Records Liaison Officers specified by the Records Management Officer. Persons designated as Records Liaison Officers shall be thoroughly familiar with all the records created and maintained by the department. In the event of the resignation, retirement, dismissal, or removal by action of the department head of a person designated as a Records Liaison Officer, the department head shall promptly designate another person to fill the vacancy and report this change to the Records Management Officer. A department head may serve as Records Liaison Officer for his/her department. SECTION 12. DUTIES AND RESPONSIBILITES OF RECORDS LIAISON OFFICERS In addition to other duties assigned in this Ordinance,Records Liaison Officers shall: (a) conduct or supervise the conduct of inventories of the records of the department in preparation for the development of records control schedules; �- (b) in cooperation with the Records Management Officer, coordinate and implement the policies and procedures of the records management program in their departments; and Ordinance No.2006-76 Establishing Records Management Plan Page 5 (c) disseminate information to department staff concerning the records management program. SECTION 13. RECORDS CONTROL SCHEDULES TO BE DEVELOPED; APPROVAL; FILING WITH STATE (a) The Records Management Officer, in cooperation with department heads and Records Liaison Officers, shall prepare records control schedules on a department by department basis listing all records created or received by the department and the retention period for each record. Records control schedules shall also contain such other information regarding the disposition of municipal records as the records management plan may require. (b) Each state records control schedule shall be monitored and amended as needed by the Records Management Officer on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect the recordkeeping procedures and needs of the department and the records management program of the City of Wylie. (c) Before a state records control schedule is amended within a department, a request must be submitted to the Records Management Officer on the state form. Once received by the Records Management Officer, that amendment will be submitted to the Texas State Library and Archives for approval. Once approval has been received,the record series will be added to the department schedules. (d) The state schedules set forth in and adopted by Ordinance No. 97-3 are incorporated herein by reference as if fully set forth at length. SECTION 14. IMPLEMENTATION OF RECORDS CONTROL SCHEDULES; DESTRUCTION OF RECORDS UNDER SCHEDULE (a) The City of Wylie has submitted and been approved to follow the state retention schedules by the enactment of Ordinance No. 97-3 and the Director of the Texas State Library and Archives. These schedules shall be implemented by department heads and Records Liaison Officers according to the policies and procedures of the records management plan. (b) A record, which retention period has expired on a records control schedule, shall be destroyed unless a public information request is pending on the record, the subject matter of the record is pertinent to a pending law suit, or the department head request in writing to the Records Management Officer that the record be retained or an additional period of time. If the record series will be kept for a longer period of time,the Records Management Officer will follow the procedures in accordance with Section 13(b)-(c) of this Ordinance. (c) Prior to the destruction of a record under a state approved records control schedule, authorization for the destruction must be obtained by the Records Management Officer and the City Manager. Ordinance No.2006-76 Establishing Records Management Plan Page 6 SECTION 15. OFF-SITE RECORDS FACILITY An offsite records retention facility, developed pursuant to the plan required by Section 8, shall be under the direction control and supervision of the Records Management Officer. Policies and Procedures regulating the operation and use of the records facility shall be contained in the records management plan developed under Section 8. SECTION 16. MICROGRAPHICS AND ELECTRONIC LASERFICHE Unless a micrographics or laserfiche program in a department is specifically excepted by order of the City Council, all microfilming or electronic storage (laserfiche) will be centralized and under the direct supervision of the Records Management Officer. The records management plan will establish policies and procedures for the microfilming of municipal records, in accordance with standards and procedures for the microfilming or electronic storage of local government records established in the rules of the Texas State Library and Archives Commission. The plan will also establish criteria for determining the eligibility of records for microfilming/electronic storage and protocols for ensuring that a microfilming/electronic storage program that is exempted from the centralized operations is, nevertheless, subject to periodic review by the Records Management Officer as to cost-effectiveness, administrative efficiency, and compliance with commission rules. SECTION 17. SAVINGS/REPEALING CLAUSE All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 18. 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. The City hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 19. EFFECTIVE DATE This Ordinance shall become effective from and after its adoption. Ordinance No. 2006-76 Establishing Records Management Plan Page 7 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ..._.. WYLIE,TEXAS on this the 12th day of December, 2006. IA4 John Mon y, M yo1r .00‘,1 i n,,,,�� ATTEST: �~V�. •.... ..,_• ..(�1' • i ' • j�:s�4 Belli i • ''/ _ `• •... .S ```� Carole Ehrlich, C ty Secretary ,,,,4`E,T E 'r:0‘ Ordinance No.2006-76 Establishing Records Management Plan Page 8 Response Service Agreement— Blackmon Mooring 315 N Great Southwest Pkwy • Arlington • Texas • 76011 24 Hour Line(877) 730-1948 • (817) 730-4267 • Fax(817)608-8001 Intending to establish procedures for expeditiously contracting for response services,Customer and Blackmon Mooring Company d/b/a Blackmon Mooring("BLACKMON MOORING")agree to the provisions set forth below. Ordering Service 0 In the event of a loss,Customer shall call BLACKMON MOORING'S 24-hour emergency response number at 877- 730-1948 or their Account Manager(per instructions developed), and identify the general scope of services requested and location. 0 As soon as possible(usually within one(1)hour),a Project Manager will contact Customer to make a preliminary assessment of services required and BLACKMON MOORING'S response. If Customer wishes BLACKMON MOORING to proceed,and BLACKMON MOORING can do so, BLACKMON MOORING will dispatch a representative and/or crew to the location of the loss. 0 Customer will issue an"Advanced Work Authorization"("AWA")on the form attached as Exhibit A. Upon receipt of the AWA, if BLACKMON MOORING is able to respond immediately, BLACKMON MOORING will accept the AWA,mobilize resources and commence the work outlined in the AWA. 0 Work performed under an AWA will be billed at the attached Rate Schedule, Exhibit B,or the then prevailing BLACKMON MOORING Rate Schedule which will be supplied at the time of the loss. Customer agrees to pay invoices within twenty-one(21)days. 0 Upon agreement of the full scope of services to be performed and pricing, BLACKMON MOORING and Customer may execute a Service Contract, including a Scope of Work that lists in detail the work to be performed,pricing and any other special terms and conditions between the parties. This Agreement does not expire unless cancelled by either party with 30 days notice. However,Customer and BLACKMON MOORING are contractually bound only to the extent AWA's or Service Contracts are issued and accepted. In the absence of a new Service Contract at the time of the loss,the terms and conditions of the AWA's are as stated. CUSTOMER: City of Wylie Correspondence goes to the attention of: Address: 2000 North Highway 78 Name: Carole Ehrlich Wylie,Texas 75098 Address: 2000 North Highway 78 Telephone: 972-442-8100 Wylie,Texas 75098 Facsimile: 972-442-4302 Telephone: 972-442-8103 e-mail: 972-442-4302 Facsimile: 972-442-8106 PROPERTY LOCATION: North Highway 78 between SH 544 and SH 205 This Response Service Agreement is entered into on September 15 , 2008 by and between Blackmon Mooring Company, a Texas corporation, and The City of Wylie ("Customer"), Municipal corporation. This Agreement, its terms and conditions, and all attachments, shall apply to all orders issued and accepted under this agreement. Agreed to and accepted by: CUSTOMER: City of W lie , BLACKMON o •O: Re' • Signature: 0 i )�C� J 1 _� Signature. Name: Min0 ansoin/ Na `. "� /i 6 eA•!b../ Title: City Manager "Title: Form L ❑ Duplicate 04/2008 EXHIBIT A BLACKMON MOORING Blackmon Mooring Company 24-Hour Hotline(877)730-1948 315 N.Great Southwest Pkwy. Telephone(817)730-4267 Arlington,TX 76011 Telecopier(817)608-8001 ADVANCED WORK AUTHORIZATION City of Wylie ("Customer") hereby authorizes Blackmon Mooring Company ("BLACKMON MOORING")to mobilize and commence the following Work: Project Name: Project Location General Description of work to be performed: ❑ Fixed Price [check if applicable] If Fixed price, the agreed price is: Other special terms or conditions: Customer agrees to pay BLACKMON MOORING for all labor, materials, equipment and expenses utilized to mobilize, commence and perform the work described above in accordance with the attached BLACKMON MOORING Time and Materials Rate Schedule("Rate Schedule"). Customer acknowledges that they have reviewed the charges and terms on the Rate Schedule and agree that they are reasonable and that they will not attempt to renegotiate them, or any part of them, after BLACKMON MOORING commences performance of the Work. In the event Customer and BLACKMON MOORING finalize a subsequent Service Contract covering this and other work, mobilization and all preparatory work performed under this Advance Work Authorization ("AWA"), such costs shall be included in invoices submitted under such Service Contract, even though such work may have been performed prior to the date the final Service Contract is executed. In the event Customer and BLACKMON MOORING do not enter into a subsequent Service Contract as described above, BLACKMON MOORING shall invoice Customer for all work performed under this AWA plus the costs of demobilization, all in accordance with the applicable Rate Schedule or other costs. Customer agrees to pay such invoice within twenty-one (21) days of receipt. Customer agrees to make payment to BLACKMON MOORING for the labor, material and equipment and any other items BLACKMON MOORING provides pursuant to this AWA in the amounts and on the terms specified in this AWA, regardless of whether Customer or another person or entity is legally responsible for restoration or remediation of the conditions involved and regardless of whether Customer is entitled to reimbursement for such costs from its or some other person's or entity's insurance carrier. The prevailing party in any arbitration or litigation arising out of or related to this Contract shall, in addition to such other relief as may be awarded, be entitled to recover reasonable legal fees and expenses it incurred in that proceeding from the non-prevailing party. CUSTOMER BLACK a e MOO' G COMPANY 0\1\ vlv: \ AI' S� / BY: ..40777 NAME: Mindy Manson, City Manager NAME:DATE: TITLE: C A►4oGe-W//i/ EMERGENCY SERVICE PROFILE Company Information Facility Contacts Company Name: City of Wylie Name: Carole Ehrlich Type of Business: Municipality Title: City Secretary Address: 2000 Hwy. 78 N Phone: 972-442-8103 City/State/Zip: Wylie e-mail: carole.ehrlich@wylietexas.gov Main Phone: 972-442-8100 Name: Mindy Manson Back Line: 972-442-8171 Title: City Manager Fax: 972-442-8106 Phone: 972-442-8120 Web Site: www.wylietexas.gov e-mail: mindy.manson@wylietexas.gov This site is: ❑Corporate ['Branch ❑Multi-tenet ®Owned ❑Leased ❑Vacant Facility type: ❑Multi-story ®Offices ❑Warehouse 024-Hour ['Manufacturing First Contacts During Disaster/Loss Name: Mindy Manson Name: Carole Ehrlich Title: City Manager Title: City Secretary Office Phone: 972-442-8120 Office Phone: 972-442-8103 Cell Phone: 972-977-2354 Cell Phone: 972-841-7016 Pager: 972-859-8266 Pager: 972-648-9781 Home Phone: Home Phone: 972-841-7016 Insurance Information Insurance Carrier: TML Intergvrmmntal Risk Pool Deductible: $1,000 ❑Self-insured Risk Manager/Insurance Administrator: Jim Holcomb, Purchasing Phone: 972-442-8142 Fax: 972-442-8148 email: jim.holcomb@wylietexas.gov Facility Information Square Footage: 33,600 #of Floors: 1 #of Buildings: 1 Year Built: 1987 480, 3-Phase Electrical Power ®Yes ❑No ['Unknown Electrician on Staff ❑Yes No Blackmon Mooring BLACKMON 315 N. Great Southwest Parkway MOORING Arlington, TX 76011 1 .877.730.1948 c Blackmon Mooring.2008 Revised 5/5/08 Freight Elevator ['Yes No Roof Type: Location of HVAC Mechanical Units: Basement ❑Yes No ®Flat ❑Basement Sprinkler System ®Yes ❑No ['Standard Pitch ['Penthouse Generator ®Yes ❑No ❑Steep Slope ❑Mechnical Rooms Loading Dock ['Yes No ['Combination ❑Dead Air Space Security ['Yes No Specialized Equipment Electronics ®Yes [No Location: Near center double doors, first office to right Hazardous Materials (asbestos, solvents, propane, etc.) ®Yes ❑No Location: propane tanks located at rear(North side) of building Document/Records Information Are critical Documents/Records Stored on Premises? Yes Climate Controlled? No Location of Critical Documents/Records: Finance Department Vault-Electronic Storage Computers &offsite Type of Records: ®Paperwork ❑Photos DX-rays ❑Magnetic Media ®Other: Electronic Storage Other Critical Information Please list any additional information about your facility: Equipment Reservation Agreement: [Yes No Retainer Agreement: ❑Yes No Signing this Emergency Service Profile (ESP) does not create a binding contract with Blackmon Mooring or any of its representatives. This ESP provides critical information about your facility that will assist in the recovery process in the event of a loss. A"Work Authorization" and/or"Time & Material Contract"will be required to be signed prior to the performance of any work. All information contained in this form will be hel " "ctest of confidence. Agreed to b . Customer Signature r 1 la ooring Representative Printed Name l 1 'i,id t: Gk. .,) — /`G �� Printed/►Name Q City Manager G sC 0i ��QG / '/` Title Title September 18,2008 /V/D6�8 Date Date 7 Blackmon Mooring BLACKMON 315 N. Great Southwest Parkway MOORING Arlington, TX 76011 1 .877.730.1948 �%Blackmon Mooring,2008 Revised 5/5/08 CITY OF WYLIE City of Wylie Disaster Recovery Plan for Municipal Records INFORMATION DISASTER RECOVERY PLAN FOR MUNICIPAL RECORDS 1.0 PURPOSE 1 2.0 KEY WORDS 1 3.0 DEPARTMENTS AFFECTED 1 4.0 SPECIAL DISTRIBUTION 1 5.0 DEFINITIONS 1 Disaster Kit Freeze Stabilization Intrinsic Value Recovery Priorities Vital Records 6.0 POLICY 2 7.0 GENERAL 2 8.0 RESPONSIBILITY/AUTHORITY 3 Records Manager General Responsibilities Post-Disaster Responsibilities Assistant to Records Manager Fire Inspection/Emergency Management Post-Disaster Responsibilities Facility Staff Post-Disaster Responsibilities Risk Management General Responsibilities Post-Disaster Responsibilities Departments General Responsibilities Post-Disaster Responsibilities Building Security Post-Disaster Responsibilities 9.0 PRACTICE 7 Information Recovery Priorities First Priority Second Priority Media Recovery Priorities First Priority Second Priority Third Priority Fourth Priority Fifth Priority Sixth Priority 10.0 PROCEDURES 8 Stabilization of Water-Damaged Records by Type and Order of Priority Magnetic Media- Tapes, Disk Packs, Floppy Diskettes, Audio and Video Cassettes and Optical Discs Photographic Materials - Color Films and Photographs Photographic Materials - Silver Emulsion Films, Photographs or Microforms Linen Maps, Blueprints or Other Drawings Paper Records Photographic Materials - Vesicular or Diazo Films Restoration of Water-Damaged Records by Type and Order of Priority Magnetic Media- Tapes, Disk Packs, Floppy Diskettes, Audio and Videotape Cassettes and Optical Discs Photographic Materials - Color Films and Photographs Photographic Materials - Silver Emulsion Film, Photographs or Microforms Linen Maps, Blueprints or Other Drawings Paper Records Photographic Materials - Vesicular or Diazo Films Recovery Procedures for Other Types of Damage Fire/Smoke Magnetic Media Photographic Materials Paper Atmospheric Pollutants and Chemical Spills Rodent, Mold or Insect Infestation INFORMATION DISASTER RECOVERY PLAN FOR MUNICIPAL RECORDS 1.0 PURPOSE This Administrative Regulation outlines policy and procedures for safeguarding and preserving City of Wylie records in the event of a disaster. 2.0 KEY WORDS 2.1 Disaster Recovery Plan 2.2 Records Recovery 2.3 Restoration of Records 3.0 DEPARTMENTS AFFECTED All departments. 4.0 SPECIAL DISTRIBUTION All staff with assigned or potential responsibility in the recovery of records in the event of a disaster. 5.0 DEFINITIONS 5.1 Disaster Kit - The tools, boxes, protective clothing and other supplies maintained by a designated contractor which contract was approved by the City Manager, to initiate the recovery process in the event of a disaster and located in the office of the Records Manager. 5.2 Freeze Stabilization - The process of freezing the water in records. This process does not dry wet materials, but it does prevent the formation of mold. When materials are thawed, they are once again wet. In order to dry materials without thawing them, a freeze-drying process must be employed that removes the ice without returning it to a liquid state. 5.3 Intrinsic Value - The financial, legal or historical value inherent in some documents due to the fact that they are originals. Documents bearing famous signatures, some insurance policies and numerous other legal documents are examples of documents having intrinsic value. INFORMATION DISASTER RECOVERY PLAN PAGE 2 5.4 Recovery Priorities - The two types of priority schedules for recovery of records in a disaster, i.e., Information Recovery Priorities and Media Recovery Priorities. The first priority schedule, Information Recovery Priorities, prioritizes records based on the critical importance of the information they contain. Vital records (defined below) will always be the first priority in the Information Recovery Priorities schedule. Next will be those records whose information content has operational value, that are unique or lack a back-up copy, or that have historical value. The second priority schedule, Media Recovery Priorities, prioritizes records based on the perishability of the record medium. In this schedule, media are listed in order of perishability and, therefore, recovery priority. 5.5 Vital Records - In the event of a disaster, those records essential for the resumption of operations, the reestablishment of the legal, financial, or functional status of the organization, and the determination of the rights and obligations of employees and citizens with respect to the organization. 6.0 POLICY In disasters involving extensive damage to facilities and equipment and presenting risks to personnel, the City of Wylie gives first priority to the safety and security of personnel and facilities. Reconstruction and recovery of local government records takes place only when these have been attained. When reconstruction of records begins, the City of Wylie recovers first those records identified as vital to the City's operations and obligations. Records identified as vital shall be protected through duplication and storage in off-site locations. Special protection shall also be afforded to other records identified as important due to their informational content, uniqueness, historical value or because of the perishability of the medium on which they are stored; these records shall be second in recovery priority. Recovery of records beyond these two categories will be weighed carefully. 7.0 GENERAL This Information Disaster Recovery Plan provides for the recovery of vital and important local government records in the event of a disaster that causes serious and extensive damage to those records. Recovery procedures are included to mitigate and repair the effects of major natural disasters, including tornado, fire, flood or damage from other causes, such as chemical contamination or insect, rodent or fungal infestation. Recovery processes outlined focus mainly on the recovery of water-damaged records, because 95% of all disasters result in water- damaged records. Action must be taken quickly to salvage these materials because mold will develop within 48 to 72 hours when temperature exceeds 75°F and relative humidity exceeds 60%. INFORMATION DISASTER RECOVERY PLAN PAGE 3 Procedures in this regulation are arranged into three sections. The first section, Stabilization of Water Damaged Records, outlines interim procedures to control damage and stabilize water-damaged materials until assessment determines if restoration of materials will be required. The second section, Restoration of Water Damaged Records, outlines procedures for restoring water-damaged materials to their original quality when possible. The third section, Recovery Procedures for Other Types of Damage, outlines procedures for damage other than water, including fire and smoke, chemical contamination and mold or insect infestation. Procedures in each section follow Media Recovery Priorities outlined in Section 9.1.2, i.e., they are in priority order based on the perishability of the medium. The focus of the recovery effort as outlined in this Plan is on those records defined as vital to City operations, along with those that should be recovered because of their informational content, historical value or uniqueness. The primary method for determining whether a record is vital, important or necessary to City operations is through the record's appraisal process, from which a departmental records' retention schedule is developed. All departments are required to itemize records that are considered "vital to operations of the City" and remit to the Records Management Officer. Though this Information Disaster Recovery Plan focuses on recovery from damage, and not its prevention, implicit in these guidelines is the importance of taking adequate measures to prevent loss of vital and important records. The need for disaster recovery operations is inversely proportional to the extent that a local government's vital records are adequately identified and protected. 8.0 RESPONSIBILITY/AUTHORITY The Information Disaster Recovery Team has primary responsibility for the recovery of records in a disaster, with authority delegated from the office of the City Manager. The Team consists of the Records Manager (Team Leader), Assistant to the Records Manager (Alternate Team Leader), personnel from the IT, Fire, Risk Management, Facility Services Departments and liaisons from any City department whose records have been damaged in a disaster. (See Appendix 11.2). INFORMATION DISASTER RECOVERY PLAN PAGE 4 The Team Leader activates this Information Disaster Recovery Plan when a preliminary assessment of conditions indicates its necessity. On being notified of activation, all members of the Information Disaster Recovery Team immediately assemble at the crisis site or an alternative location, if so directed. Notification, information and recommendations regarding the need for activation may come from the City Manager's Office or from other members of the Information Disaster Recovery Team. Pursuant to Section 39 of the City of Wylie Employee Handbook and Ordinance No. 2006-76, Records Management Program, Section 4 (2) Essential records; It is the responsibility of any City employee that observes or suspects actual or potential damage to City records to notify the Information Disaster Recovery Team Leader or other members of the Information Disaster Recovery Team. Contact information for all Information Disaster Recovery Team members is included in Appendix 11.2. Listed below are specific responsibilities of Information Disaster Recovery Team members, including both general and post-disaster responsibilities. 8.1 Records Manager (Team Leader) General Responsibilities 8.1.1 Maintain the Information Disaster Recovery Plan on a regular basis before, during and after the occurrence of a disaster. Review and revise as necessary. 8.1.2 Maintain Disaster Supply Kit. 8.1.3 Train and interpret Information Disaster Recovery Plan for staff. 8.1.4 Test Information Disaster Recovery Plan in simulated disaster exercises. Post-Disaster Responsibilities 8.1.5 Perform preliminary assessment of extent and types of damage to records as soon as possible. 8.1.6 Notify the Information Disaster Recovery Team and activate the Information Disaster Recovery Plan. 8.1.7 Notify City Manager's Office and inform management of extent of damage determined from initial assessment. 8.1.8 Coordinate entire recovery effort. 8.1.9 Alert arriving personnel to potential hazards and work with Incident Command (Logistics Team) and Facility staff to stabilize the environment and establish safe work areas for recovery operations. INFORMATION DISASTER RECOVERY PLAN PAGE 5 8.1.10 Establish priorities for reconstructing and salvaging records. 8.1.11 Assemble and brief reconstruction and salvage teams, assigning specific tasks. 8.1.12 Supervise staff and administer exceptions to the Information Disaster Recovery Plan. 8.1.13 Document nature and extent of loss through written and photographic evidence for insurance purposes. 8.1.14 Document recovery process and keep record of decisions made during recovery process. 8.1.15 Contact outside consultants and professional agencies as needed. (See Appendix 11.3). 8.1.16 Keep management informed of progress of recovery operation. 8.1.17 Be available to the Information Disaster Recovery Team and to the overall recovery operation to answer questions, to initiate subsequent phases of the recovery operation, to acquire additional tools and supplies, and to determine other remedial steps. 8.1.18 At the conclusion of the recovery effort, provide a written assessment of the recovery operation and make revisions, as necessary, to the Information Disaster Recovery Plan. 8.2 Assistant to Records Manager(Alternate Team Leader) 8.2.1 Assist Team Leader in primary duties. 8.2.2 Assume responsibility of Team Leader in his/her absence. 8.3 Fire Inspection/Emergency Management Post-Disaster Responsibilities 8.3.1 Spell out the dangers associated with disaster recovery, including the following: a) electrical shock hazards; b) the handling of file cabinets that have been damaged by fire and that have retained heat; c) delayed ignition; d) submerged objects; e) strong fumigants used to kill mold and fungus; f) other hazards to safety of employees and property. INFORMATION DISASTER RECOVERY PLAN PAGE 6 8.4 Facility Staff Post-Disaster Responsibilities 8.4.1 Establish an environment in which the Disaster Team can begin recovery procedures. 8.4.2 Use pumps, portable generators, fans, dehumidifiers and other available equipment to remove standing water, circulate air, expel humidity and otherwise prevent the occurrence of further records damage. 8.4.3 Work toward attaining the ideal condition of 65°F and 40-50% relative humidity to prevent the growth of mold. 8.5 Risk Management General Responsibilities 8.5.1 Maintain insurance coverage for the loss of City records. 8.5.2 Work with Records Manager in recommending measures to all City departments to minimize risk of damage to or loss of records. Post-Disaster Responsibilities 8.5.3 Assist Records Manager in assessing and documenting the loss of records. 8.5.4 Notify any relevant insurance company and work with the insurance claims adjuster in documenting claims. 8.6 Departments General Responsibilities 8.6.1 Create and maintain back-up copies of all vital and important information in paper, film or electronic/magnetic formats. Store back-up information off-site to prevent loss of records. Post-Disaster Responsibilities 8.6.2 Contact the Records Manager when records have been damaged by water, fire or other disaster. INFORMATION DISASTER RECOVERY PLAN PAGE 7 8.6.3 Assign staff as needed and otherwise cooperate with the Records Manager in implementing recovery procedures. 8.6.4 Complete the Report of Loss form furnished by Risk Management. (See Appendix 11.4). 8.7 Building Security Post-Disaster Responsibilities 8.7.1 Monitor and restrict access to record areas to ensure that staff and the curious do not impede the salvage operation. 9.0 PRACTICE 9.1 The Information Recovery Priorities and Media Recovery Priorities are given below. Recovering records by their Media Recovery Priorities is always a secondary process within the Information Recovery priorities process. Records listed as first priority under Information Recovery Priorities will be recovered first by their Media Recovery Priority. For example, vital records on magnetic media will be recovered first, vital records on color or silver film will be recovered second and so on. 9.1.1 Information Recovery Priorities 9.1.1.1 First Priority - Vital Records -includes records formally identified and listed in Appendix 11.1. Includes those records not yet identified by departments that meet the definition of vital records as given in Section 5. 9.1.1.2 Second Priority -Non-vital, but records identified as important due to their informational content (with legal, fiscal, or administrative value), uniqueness (i.e., no back-up copy), historical value or permanent value. 9.1.2 Media Recovery Priorities 9.1.2.1 First Priority - Magnetic media (tapes, disk packs, floppy diskettes, audio and video cassettes and optical 9.1.2.2 Second Priority - Photographic materials - color and silver film. INFORMATION DISASTER RECOVERY PLAN PAGE 8 9.1.2.3 Third Priority - Maps or architectural drawings prepared on heavy-stock paper, linen, plastic or similar materials. 9.1.2.4 Fourth Priority - Paper records (coated-stock paper). 9.1.2.5 Fifth Priority - All other paper records. 9.1.2.6 Sixth Priority - Photographic materials - diazo and vesicular film. 9.2 The salvage of paper, film and magnetic media records is necessary only insofar as the information on these media is necessary to local government operations and this information has not been adequately protected through duplication and off-site storage. This is particularly the case for photographic and magnetic media, the recovery of which is a long, expensive and not always successful process. The City of Wylie uses electronic media in lieu of magnetic media and retains electronic media copies offsite within 1 week of current workload. 9.3 Vital and important information should be backed up and always stored away from the original records. If back-up records are available, no further recovery efforts should be taken with the damaged materials. Further recovery efforts should be confined to original records having intrinsic value. New back-up copies should be made as quickly as possible to extend back-up protection into and through the recovery period. 9.4 Any decision to discard records should be documented for insurance purposes, future records management purposes, and legal and financial reasons. 9.5 For emergency purchases of supplies and services that require deviation from established procurement policies and procedures, follow Purchasing Regulations. 10.0 PROCEDURES 10.1 STABILIZATION OF WATER-DAMAGED RECORDS BY TYPE AND ORDER OF PRIORITY 10.1.1 Magnetic Media - Tapes, Disk Packs, Floppy Diskettes, Audio and Video Cassettes and Optical Discs: Responsibility Action Records Manager/ 10.1.1.1 If no back-up exists, Departments TAKE ACTION IMMEDIATELY. INFORMATION DISASTER RECOVERY PLAN PAGE 9 10.1.1.2 Contact Information Systems and Services or professional consultants. (Appendix 11.3). 10.1.1.3 Freeze or vacuum dry if professional help must be delayed. 10.1.1.4 Store floppy diskettes minus sleeves up to two weeks vertically in distilled, room temperature water. 10.1.1.5 To avoid further damage to equipment or media, do not use damaged magnetic media until they are cleaned and dried, and their protective coverings or containers are replaced. Note: Magnetic records are among the easiest to duplicate and store off- site, thus making a back-up system an invaluable alternative to recovery. 10.1.2 Photographic Materials - Color Films and Photographs: Responsibility Action Records Manager/ 10.1.2.1 TAKE ACTION IMMEDIATELY. Departments 10.1.2.2 Keep wet to avoid further image loss. 10.1.2.3 Freeze if professional help must be delayed longer than 48 hours. 10.1.3 Photographic Materials - Silver Emulsion Films, Photographs or Microforms: Responsibility Action Records Manager/ 10.1.3.1 TAKE ACTION IMMEDIATELY. Departments 10.1.3.2 Wash off any mud or dirt under cool, clean running water. INFORMATION DISASTER RECOVERY PLAN PAGE 10 10.1.3.3 Immerse totally in water. Add Formaldehyde to a 1% solution of water to avoid softening of gelatin or emulsion layer. 10.1.3.4 Freeze only if cannot be professionally cleaned within 48 hours since freezing may lead to image damage. 10.1.4 Linen Maps, Blueprints or Other Drawings Responsibility Action Records Manager/ 10.1.4.1 Lay drawings out on flat surface Department covered with absorbent paper. To prevent curling, use weights or C-clamps. 10.1.4.2 If mold forms, contact professional consultant regarding treatment with fungicide. 10.1.4.3 Freeze if water-damage is severe and professional cleaning cannot be done within 48 hours. Note: The inks on linen, mylar, blueprint or sepia maps and drawings are generally water-soluble. Water can also dissolve the sizing and add contaminants that may be extremely difficult to remove. These materials are also susceptible to mold and mildew. Preventive measures, such as the use of protective coverings or filming of vital materials, should be taken. 10.1.5 Paper Records: Responsibility Action Records Manager/ 10.1.5.1 TAKE ACTION WITHIN 48 Departments HOURS to prevent the development of mold and mildew. INFORMATION DISASTER RECOVERY PLAN PAGE 11 10.1.5.2 Air dry in a cool, dry environment if only a small volume is involved or if water damage to individual records is not extensive. Enhance air circulation by reducing volume in full cabinets, opening drawers or spreading records out on flat surface or rust-proof screening. Fan pages of bound volumes. Be careful to label any materials removed from original location or container. Interleave records with clean, absorbent paper. 10.1.5.3 Otherwise, prepare records for removal to freezing facility. Loosely wrap units of 200 sheets in freezer paper. Pack tightly in plastic crates or cubic foot records storage boxes. 10.1.5.4 If mold erupts, contact professional consultant regarding treatment with fungicide. 10.1.5.5 Blast freeze as quickly as possible to stabilize materials. Note: Handle wet paper carefully and as little as possible - it is fragile. 10.1.6 Photographic Materials - Vesicular or Diazo Films: Responsibility Action Records Manager/ 10.1.6.1. GIVE LOWEST PRIORITY. Departments 10.1.6.2 Rinse and lay out reels of film to dry. Note: Some diazo and vesicular films manufactured prior to 1970 or under poor processing conditions, blister and delaminate immediately on contact with water. The damaged film cannot be restored. INFORMATION DISASTER RECOVERY PLAN PAGE 12 10.2 RESTORATION OF WATER-DAMAGED RECORDS BY TYPE AND ORDER OF PRIORITY 10.2.1 Magnetic Media - Tapes, Disk Packs, Floppy Diskettes, Audio and Videotape Cassettes and Optical Discs: Responsibility Action Records Manager/ 10.2.1.1 Contact Information Systems and Departments Services or professional consultants about special cleaning techniques or retrieval of data. (Appendix 11.3). 10.2.1.2 For floppy diskettes, if loss of access to data is due to foreign materials on the surface; perform the following to remove contaminants: a. Drain if stored in water and blot dry with soft, lint-free cloth. b. Mark jacket and diskette hub to identify once separated. c. Cut one or more edges of jacket and peel away from diskette. Save jacket. Repeat separation procedure up to 10 diskettes at a time. d. Rinse diskette with distilled water and place in tray of water. Wipe submerged diskette with soft cloth. Rinse, drain and place flat on clean, lint-free bed sheet. e. Gently blot with towel and then let air-dry for one to eight hours. f. Stack dried diskettes with clean cloth between to avoid abrasions and place in covered container. g. Insert diskette into new temporary jacket. INFORMATION DISASTER RECOVERY PLAN PAGE 13 h. Copy data to new diskette. Label new diskette. Discard old diskette and jacket. Repeat steps g and h using same temporary jacket up to 10 times. i. Clean copy equipment drive heads often to avoid permanent damage to heads. 10.2.2 Photographic Materials - Color Films and Photographs: Responsibility Action Records Manager/ 10.2.2.1 Obtain professional assistance with Departments restoration. (Appendix 11.3). 10.2.3 Photographic Materials - Silver Emulsion Film, Photographs or Microforms: Responsibility Action Records Manager/ 10.2.3.1 Air dry (if not too many and if Departments time) either flat or on lines. 10.2.3.2 If too many to air dry, store in cold water (65°F or below) for up to three days. Add Formaldehyde to water at a ratio of 15 ml. to one liter. 10.2.3.3 Transport to or have picked up by a professional photography laboratory within 24 hours. 10.2.3.4 If time does not permit air drying or transporting to a professional laboratory, freeze quickly. (Less damage is caused by freezing than by delaying treatment). INFORMATION DISASTER RECOVERY PLAN PAGE 14 10.2.4 Linen Maps, Blueprints or Other Drawings: Responsibility Action Records Manager/ 10.2.4.1 Contact professional consultant Department about cleaning and restoring maps and drawings. (See Appendix 11.3). 10.2.5 Paper Records: Responsibility Action Records Manager/ 10.2.5.1 Restore frozen materials worth Departments restoring by vacuum freeze drying or air drying. 10.2.5.2 Allow vacuum freeze-dried materials to acclimate afterwards for at least one month. 10.2.5.3 Perform air drying only in an environment with a temperature of 50-60°F and 25-35%relative humidity. Note: The period of time during which items are frozen can be used to decide which records are worth restoring and which can be discarded without further processing and expense. 10.2.6 Photographic Materials - Vesicular or Diazo Films: Responsibility Action Records Manager/ 10.2.6.1 Wash with mild liquid detergent Departments and rinse in cool water. 10.2.6.2 Lay out on absorbent paper to dry. INFORMATION DISASTER RECOVERY PLAN PAGE 15 10.3 RECOVERY PROCEDURES FOR OTHER TYPES OF DAMAGE 10.3.1 Fire/Smoke: 10.3.1.1 Magnetic Media- Tapes, Disk Packs, Floppy Diskettes, Audio and Video Cassettes and Optical Discs: Responsibility Action Records Manager/ a. Determine whether information is Departments vital or important. b. Determine whether back-up exists. c. If no back-up exists, determine how much information is available elsewhere for reconstruction of data. d. If retrieval of data on magnetic media is necessary, contact Information Systems and Services. Note: High temperatures of 125°F and above destroy magnetic tapes, disks and diskettes. Store back-ups of important or vital information off- site. 10.3.1.2 Photographic Materials: Responsibility Action Records Manager/ a. Obtain assistance of a Departments professional restorer. (Appendix 11.3). Note: High temperatures of 125°F and above melt the film emulsion and even the base medium. The results of fire damage include sticky surfaces, melted layers and severe image distortion. INFORMATION DISASTER RECOVERY PLAN PAGE 16 10.3.1.3 Paper: Responsibility Action Records Manger/ a. If records are not fragile, trim, Departments fragile, trim charred edges and clean the surface with a soft bristled brush and rub gently with art gum eraser, mildly abrasive drawing paper or wallpaper cleaner. Typed material should first be tested to determine if correctable ribbon was used; if so, do not use paper cleaner. b. If records are too fragile, enclose in mylar folder and copy, either on to other paper or microfilm. Discard the original, keeping a record of such action. Consult restoration and microfilm specialists. (Appendix 11.3). 10.3.2 Atmospheric Pollutants and Chemical Spills: Responsibility Action Records Manager/ 10.3.2.1 Contact the Environmental Com- Departments pliance Coordinator and restoration specialists to assist in salvage. (Appendix 11.3). Note: Damage varies with each chemical spill or pollutant. 10.3.3 Rodent, Mold or Insect Infestation: Responsibility Action Records Manager/ 10.3.3.1 Contact restoration specialists to Departments fumigate and clean records and deacidify if needed. (Appendix 11.3). APPENDIX 11.1 VITAL RECORDS Vital records are defined as those irreplaceable records for which reproductions do not have the same value as the originals; records needed to recover money promptly; records needed to avoid delay in restoration of services; and records that give direct evidence of legal status, ownership, accounts receivable, and incurred obligations. In the City of Wylie, vital records are the records that the City must have in order to continue its regular, day-to-day operations. These records can be on various forms of media (paper, computer tapes, microfilm, disks) and located in various departments, e.g., City Secretary, Accounting, Facility Services, Tax, Utility Billing, and Legal). In the event of a disaster, vital records may be destroyed thus delaying the full resumption of business by weeks or months while staff members try to reconstruct necessary data. Records with a retention period of more than 10 years are routinely filmed and the original negatives are placed in the vault for their protection. The records that have a short term retention (less than 10 years) are the records that are our main concern should a disaster occur. APPENDIX 11.2 INFORMATION DISASTER RECOVERY TEAM A. RECORDS MANAGEMENT D. FINANCE DEPARTMENT City Secretary—Team Leader Finance Director Office: 972-442-8103 Office: 972-442-8141 Home: 972-841-7016 Home: Cell: 972-841-7016 Mobile: 214-802-9371 City Manager Office: 972-442-8161 Mobile: 972-977-2354 Pager: 972-859-8266 B. FIRE DEPARTMENT E. POLICE DEPARTMENT Fire Chief Police Chief Office: 972-442-8111 Office: 972-442-8172 972-442-8171 (Emergency Dispatch) 972-442-8141 (Emergency Dispatch) Mobile: 214-497-1894 Mobile: 214-677-7066 B. Assistant Fire Chief F. INFORMATION SERVICES 972-442-8110 IT Technician 972-442-8171 (Emergency Dispatch) Mobile: 972-977-5740 Pager: 972-500-0550 Mobile: 214-325-4452 C. RISK MANAGEMENT Purchasing Agent Office: 972-448-8142 Mobile: 972-977-7405 D. FACILITIES SERVICES Public Services Director Office: 972-442-8108 Home: 972-271-1750 Mobile: 972-977-2366 Alternate: Public Works Superintendent Office: 972-442-7588 Cell: 972-979-7307 Information Updated 9-I-08 14/ Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 14, 2008 Item Number: 4 Department: Library (City Secretary's Use Only) Prepared By: Rachel Orozco Account Code: Date Prepared: October 8, 2008 Budgeted Amount: Exhibits: One Subject Consider, and act upon, accepting the resignation of David James and the appointment of a new member to the Library Advisory Board to fill the unexpired term of July 1, 2007 to June 30, 2009. Recommendation A motion to accept the resignation of David James and appoint as a new member to the Library Advisory Board for the unexpired term of July 1, 2007 to June 30, 2009. Discussion David James has actively served on the Library Board since his appointment in July 2005. Mr. James informed us of his resignation from the Library Board effective immediately due to his school commitments. Article VIII, Section 2(c) of the City of Wylie Charter states, "the City Council shall appoint a library board consisting of seven members who shall be qualified voters who shall serve for a term of two year". Applicants from the 2008 Boards and Commissions Interview process denoting a desire to serve on the Library Board have been contacted. The applicants for consideration of appointment have stated that they would be willing to serve the unexpired term. Approved By Initial Date Department Director RO 10/8/08 City Manager ni //o /1()(( 11 Page 1 of 1 From: Dave James Sent: Wednesday, October 08, 2008 8:55 AM To: Rachel Orozco Subject: Library Board Resignation Rachel, Effective immediately, please accept my resignation from the Wylie Library Advisory Board. My duties with school have kept me from being as involved with the board as I should be, and the coming months will continue to have me at school on the nights that the board meets. I appreciate the opportunity to have served Wylie during my tenure on the board, and I look forward to rejoicing with the city when the new library opens to the public. Very sincerely, Dave James 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— - No BUSINESS NAME - OCCUPATION - Software Developers—BUSINESS_ADDRESS - 15950 Dallas Parkway Suite 500, Dallas, TX 75248 BUSINESS_PHONE - 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 Original Message From: Damone Shumard [mailto:shumard(c�sosstaffinq.com] Sent: Friday, May 23, 2008 4:33 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Damone Shumard DATE_OF_APPLICATION - 5/23/08 FIRST_CHOICE - Wyle Economic Develoment Corp. Board SECOND CHOICE - Planning and Zoning Commission THIRD_CHOICE - Library Board SUBCOMMITTEE - Yes HOME_ADDRESS - 603 Althea Dr Wylie, Tx 75098 HOME PHONE - 972-442-0902 HOME FAX - HOME EMAIL - shumard@sosstaffing.com RESIDENT_YEARS - 3 CONTACT—METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS NAME - OCCUPATION - District Manager BUSINESS_ADDRESS - 701 E Plano Parkway#110 Plano, Tx 75074 BUSINESS PHONE - 469-467-1198 BUSINESS FAX - BUSINESS EMAIL - shumard@sosstaffing.com WHY_INTERESTED - Wylie is a great home for my family because of active citizens who have served and sacraficed within the community. As a part of the community I have a responsiblity to participate and ensure it continues moving in the right direction so that other down the road will have the opportunity to enjoy the community that we all enjoy today. Submit - Submit End of form information Original Message From: Eric Miles [mailto:eric@ericmiles.coml Sent: Wednesday, May 28, 2008 8:11 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Eric Miles DATE_OF_APPLICATION - 5/28/2008 FIRST CHOICE - Planning and Zoning Commission SECOND_CHOICE -Wyle Economic Develoment Corp. Board THIRD_CHOICE - Library Board SUBCOMMITTEE - Yes HOME_ADDRESS - 2204 Huntington Dr. Wylie TX 75098 HOME PHONE - 214-474-0661 HOME FAX - HOME EMAIL - eric@ericmiles.com RESIDENT_YEARS - 6 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - Yes -- BUSINESS_NAME - OCCUPATION - BUSINESS_ADDRESS - BUSINESS_PHONE - BUSINESS_FAX - BUSINESS_EMAIL - WHY_INTERESTED - I am interested in serving to better the community. I think that serving your community is responsibility of all citizens. Submit - Submit End of form information Original Message From: Owen S. Lewis [mailto:oslewis45(a�yahoo.com] 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: Terry Lancaster [mailto:dwighterrv( verizon.net] Sent: Friday, May 30, 2008 12:08 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Terry Lancaster DATE OF_APPLICATION - May 30, 2008 FIRST—CHOICE - Public Arts Advisory Board SECOND CHOICE -Animal Shelter_Advisory Board THIRD_CHOICE - Library Board SUBCOMMITTEE - Yes HOME_ADDRESS - 309 Harvest Bend Drive HOME PHONE - 972-429-0578 HOME FAX - 972-429-0578 HOME EMAIL - dwighterry@verizon.net RESIDENT_YEARS - 9 CONTACT —METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - Yes BUSINESS_NAME - Lancaster Taffer Enterprises OCCUPATION - Information and Service BUSINESS_ADDRESS - 309 Harvest Bend Drive BUSINESS PHONE - 972- 897-7803 BUSINESS_FAX - 972-429-0578 BUSINESS_EMAIL - dwighterry@verizon.net WHY INTERESTED - To serve and make a difference in Wylie--the town where we chose to live, work, play and support!!! Submit - Submit End of form information Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: October 14, 2008 Item Number: Work Session Department: (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: October 7, 2008 Budgeted Amount: Exhibits: 2 Subject Hold a Joint City Council and Parks and Recreation Board Work Session regarding the updating of the Parks, Recreation and Open Space Master Plan. Recommendation Discussion On August 12, 2008, the City Council authorized the City Manager to enter into a contract with Halff Associates, Inc. in the amount of $76,500 for professional services related to the City of Wylie Parks, Recreation and Open Space Master Plan. As part of the process of updating the Parks, Recreation and Open Space Master Plan the consultants with Halff Associates, Inc. require input from both the City Council and Parks and Recreation Board Members. The consultants will work to find what the priorities are regarding parks, recreation, and open space from all members of the Council and Board. This input will then be used in the "Public Input"portion of the Plan along with general focus group meetings, athletic league representatives meetings, and a telephone survey. Approved By Initial Date Department Director MS 10/7/08 City Manager (IIA \ 10 \ Page 1 of 1 Parks and Recreation Board Comments Master Plan Priorities Brandi Lafleur's List 1. Disc golf 2. Connection of trails, link Founders to Wells 3. Spray park or swim facility 4. 2nd skate park or expansion of existing one 5. Dog park (this one is selfish because I am tired of going to Plano) Donna Larson's List 1. 2nd Skate Park for Advanced Skill Levels 2. Hike and Bike Trails 3. Water Park 4. Disc Golf Course 5. Limit "pocket playgrounds" Anne Hiney's List 1. Disc Golf Course 2. Trails, trails, and more trails providing connectivity 3. Swim Facility 4. 2nd Skate Park 5. Community Recreation Programming David Willey's and Dan Chesnut's List 1. Hike and Bike Trails (linking current parks) 2. Expansion of the Skate Park at Joel Scott 3. Addition of a large Regional Playground 4. Aquatic Center 5. Limited or no new "pocket playgrounds" No lists were submitted by Bennie Jones or Joy Cortinas as of 10-7-08. Parks and Recreation Board Comments Wells Property Priorities Brandi Lafleur's List 1. Create a nature preserve/learning center similar to Heard, does not necessarily have to be a building but some type of natural shade structure with information regarding the land and the wildlife 2. Unpaved trails to keep more natural look 3. Pond to attract local wildlife 4. Somehow manage to keep minimal construction as we have plenty with the new buildings 5. Possibly an amphitheater 6. Is there something that we can gather from Connemera Conservancy to keep this land in a more natural state but still have some of what we want? I know it's a lot to ask but it is such a beautiful piece of land and I would like it to remain that way as much as possible. Donna Larson's List 1. Nature Preserve Area / Outdoor Learning Centers 2. Large Pond with Fountains and Fish and Ducks 3. Amphitheater 4. Non-Traditional Play Structures 5. Trails and Paths Around Pond Anne Hiney's List 1. Nature Preserve 2. Outdoor Learning Center coordinated with WISD 3. Large Pond stocked for catch & release fishing 4. Trails 5. Amphitheater 6. Non-traditional play structures David Willey's and Dan Chesnut's List 1. Installation of a "Y" trail system with one branch heading northwest, one linking Joel Scott (along the electrical right-of-way and creek path)to the Northeast, and one linking Founders to the south. 2. Installation of a bike path (by the bridge?) under FM544 to the High School 3. Another Veteran's Memorial centrally located at the new City Hall designed and landscaped appropriately for large gatherings and celebrations (amphitheatre?) 4. A large regional playground located near the trailhead 5. Minimal construction on the Wells property No lists were submitted by Bennie Jones or Joy Cortinas as of 10-7-08.