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09-26-2006 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, September 26, 2006 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North John Mondy Mayor Carter Porter Mayor Pro Tern Earl Newsom Place 1 M. G. "Red" Byboth Place 2 Eric Hogue Place 3 Merrill Young Place 4 Rick White Place 5 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.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Presentation of Library Cards to Mayor and Council in honor of Library Card Sign- Up Month. (Friends of the Rita and Truett Smith Public Library) • Presentation to 1st Six Weeks Star Students- Character Trait of"Responsibility". September 26,2006 Wylie City Council Regular Meeting Agenda Page 2 of 4 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the September 12, 2006 Regular Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Replat for Woodlake Village Block C, Lots 1R-3R2R & 1R-4RR to abandon an access easement on Lot 1R-4RR and plat an existing easement that was constructed on Lot 1R-3R2R. Property located at 2010 & 2014 Highway 78 N. (M. Manson, City Manager) C. Consider, and act upon, Resolution No. 2006-24(R) Designating the City Secretary as the Public Information Coordinator for the Purpose of Receiving Required Training Associated with the Public Information Act. (C. Ehrlich, City Secretary) D. Consider, and act upon, 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 2006-2007. (R. Orozco, Library Director) REGULAR AGENDA General Business 1. Consider and act upon Resolution No. 2006-25(R) ratifying Jeff Butters as Acting City Manager in the absence of Mindy Manson, City Manager. (M. Manson, City Manager) Executive Summary Article IV, Section 1.D. of the Wylie City Charter requires the City Manager, within 30 days of taking office, to designate a staff member to serve as the Acting City Manager in their absence. A letter designating the Acting City Manager is to be filed with the City Secretary and ratified by the City Council. Jeff Butters has been designated by Mindy Manson to function in this capacity, in the event of her absence or disability. 2. Consider, and act upon, allocation of funding for Not For Profit organizations: Blackland Prairie Foundation, Equest Therapeutic Horsemanship, Friends of the Rita and Truett Smith Public Library, Meals on Wheels, Inc., Plano Children's Medical Clinic and Wylie ISD Education Foundation. (M. Manson, City Manager) Executive Summary On August 1,2006 the Council heard presentations from the above listed organizations regarding proposed funding allocations, per Ordinance No. 2005-52. A total of $33,000 has been allocated from the FY 2006/2007 Budget, with$16,500 ($.50 per capita of COG population of 33,000)previously committed to September 26,2006 Wylie City Council Regular Meeting Agenda Page 3 of 4 Collin County Children's Advocacy Center (CCCAC), Court Appointed Special Advocates (CASA), and City House on January 24,2006. 3. Consider, and act upon, approval of an Interlocal Agreement between Collin County and the City of Wylie concerning the construction of the Hooper Road Bridge. (C. Holsted, City Engineer) Executive Summary The 2003 Collin County Bond Program included $1,138,500 for the construction of the Hooper Road Bridge over Maxwell Creek which will provide another north/south connection between FM 544 and SH 78. Collin County will fund 50% ($569,250) of the project and the Cities of Wylie and Sachse will fund 25% each ($284,625). This project was included in the Thoroughfare Capital Improvements Plan and impact fee funds may be used for this project. 4. Consider, and act upon, acceptance of the resignation of Eric Brown and the appointment of a new member to the Construction Code Board for the unexpired term of July 2005 to July 2007. (J. Bray, Building Director) Executive Summary Article VIII, Section 2E of the City Charter authorizes the City Council to appoint members to all boards and commissions. Ordinance 84-11, establishing the Construction Code Board, stipulates that the Construction Code Board shall consist of seven(7) citizens who shall be qualified voters who shall serve for a term of two (2) years. Eric Brown was appointed to the Construction Code Board in 2005. Mr. Brown, who has served very faithfully on the Board, has recently submitted his resignation from his appointment to the Construction Code Board effective immediately. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.074 Personnel Matters; Closed Meeting To deliberate the Duties and Employment of the City Manager RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: 1. Consider, and act upon, approval of an Employment contract between the City of Wylie and Mindy Manson and authorizing the Mayor to execute any and all documents related thereto. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.072 Real Property; Closed Meeting To deliberate the purchase, exchange, lease or value of real property generally located at: • Hensley Lane between Hooper Road and Sanden Road September 26,2006 Wylie City Council Regular Meeting Agenda Page 4 of 4 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 22'd day of September, 2006 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.wvlietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 26, 2006 Item Number: Presentation Department: Library (City Secretary's Use Only) Prepared By: Rachel Orozco Account Code: Date Prepared: September 8, 2006 Budgeted Amount: Exhibits: Subject Presentation of Library Cards to Mayor and Council in honor of Library Card Sign-Up Month. Presentation will be made by the Friends of the Rita and Truett Smith Public Library. Recommendation Discussion Approved By Initial Date Department Director City Manager ( /P./ /1,q Page 1of1 Wylie City Council and Wylie Parks and Recreation Facilities CITY O F WYLIE Development Corporation Minutes Wylie City Council Tuesday, September 12, 2006 —6:00 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Carter Porter, Councilman Earl Newsom, Councilman Rick White, Councilman Merrill Young, Councilman Red Byboth and Councilman Eric Hogue. Staff present were: City Manager, Mindy Manson; Finance Director, Larry Williamson; Police Chief, Jeff Butters; Interim Fire Chief, Noe Flores; Library Director, Racheal Orozco; Public Services Director, Mike Sferra; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Mark Witter; Human Resource Manager Lynn Fagerstrom, and City Secretary, Carole Ehrlich. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Byboth gave the Invocation and Councilman Newsom led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No one was present to address Council during Citizens Comments. 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. Minutes—September 12, 2006 Wylie City Council Page 1 A. Approval of the Minutes from the August 22,2006 Regular Council Meeting and the August 29, 2006 and September 5, 2006 Special Called Meetings of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Final Plat for Habitat For Humanity, generally located at 408A Jackson Avenue, Lots 2B, 2C & 2F, Block 2 in the Russell #1 Addition. (M. Manson, City Manager) C. Consider, and act upon, approval of a Final Plat for Olde City Park Addition, formerly Keller's First Addition Block 4, Lots 4-11, generally located north of S.H. 78, east of Jackson Avenue and west of Ballard Avenue. (M. Manson, City Manager) D. Consider, and act upon, an amendment to the contract by and between the City of Wylie and APAC-Texas, Inc. for asphalt overlay and sealed coating. (M. Sferra, Public Services Director) E. Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, and long term disability and prescription drug coverage. (L. Fagerstrom, Human Resources Manager) Council Action A motion was made by Councilman Byboth, seconded by Councilman Newsom to approve the Consent Agenda as presented. A vote was taken and passed 7-0. Mayor Mondy recessed City Council at 6:04 p.m. RECESS CITY COUNCIL CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION 4B Chairman John Mondy called the Wylie Parks & Recreation Facilities Development Corporation to order at 6:05 p.m. with the following members present: Board Member Merrill Young, Board Member Rick White, Board Member Eric Hogue, and Board Member Anne Hiney. Board Members Dan Chestnut and Shirley Burnett were absent. 1. Consider, and act upon, approval of the FY2006-2007 4B Budget, authorizing expenditures for the FY2006-2007 Community Services Facilities Capital Improvement Plan. Staff Comments Public Services Director Mike Sferra explained the highlights of the 4B budget which included: Parks (5614), completing the park area on the west side of Westgate Way, landscaping, irrigation, and signage for the pavilion, and the completion of Valentine Park Improvements for a concrete trail. He explained Minutes—September 12, 2006 Wylie City Council Page 2 that the budget also included the purchase of two six foot riding mowers. Projects in the budget for 4B (5615) recreation consisted mainly of a community center van ($65,000) to transport seniors to activities including fuel and maintenance and capital replacement fees. 4B Board Action A motion was made by Board Member Hogue, seconded by Board Member Hiney to approve the FY2006-2007 4B Budget, authorizing expenditures for the FY2006-2007 community Services Facilities Capital Improvement Plan. A vote was taken and passed 5-0 with board members Burnett and Chestnut absent. 2. Consider, and act upon, amendments to the bylaws of the Wylie Parks and Recreation Facilities Development Corporation of the City of Wylie, Texas adopted January 23, 1995, by approval of Resolution No. 2005-37(R) amending the bylaws, by the City Council of the City of Wylie. 4B Board Action A motion was made by Board Member White, seconded by Board Member Hiney to approve amendments to the bylaws of the Wylie Parks and Recreation Facilities development Corporation of the City of Wylie, Texas adopted January 23, 1995, by approval of Resolution No. 2005-37(R) enacted by the City Council and amending the bylaws. A vote was taken and passed 5-0 with Board Member Chestnut and Board Member Burnett absent. ADJOURN Chairman Mondy adjourned the Wylie Parks and Recreations Facilities Development Corporation(4B)Meeting at 6:10 p.m. Consensus of the 4B Board was to adjourn. Mayor Mondy called for a 10 minute break at 6:10 p.m. Mayor Mondv re-convened into City Council Open Session at 6:20 p.m. RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL REGULAR AGENDA General Business 1. Consider, and act upon, approval of the FY2006-2007 4B Budget, authorizing expenditures for the FY2006-2007 Community Services Facilities Capital Improvement Plan. (L. Williamson, Finance Director) Staff Comments Finance Director Larry Williamson addressed Council stating that as set out in the Articles of Incorporation, the Board has the power to authorize the expenditures of Sales Tax Funds for projects Minutes—September 12, 2006 Wylie City Council Page 3 approved by the City Council and to implement the Community Services Facilities Capital Improvement Plan as adopted by the City of Wylie. Council Action A motion was made by Councilman Young, seconded by Councilman Hogue to approve the FY2006-2007 4B Budget, authorizing expenditures for the FY2006-2007 Community Services Facilities Capital Improvement Plan. A vote was taken and passed 7-0. 2. Consider, and act upon, Ordinance No. 2006-56 adopting a budget and appropriating resources for Fiscal Year 2006-2007, beginning October 1, 2006 and ending September 30, 2007. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the tax rate for fiscal year 2006-2007 is proposed to increase $0.02 per $100 assessed valuation from $0.695 to $0.715. For all budgeted funds, the projected totals for available revenues and expenditures are $103,180,350 and $66,669,190, respectively. At its August 8 meeting, Council accepted the proposed ad valorem tax rate of $0.715 per • $100 valuation for FY 2006-2007. The Fund summary was published in the Wylie News on August 23, 2006. Council held a public hearing relating to the budget on August 29, 2006. Council Discussion Mayor Mondy asked Mr. Williamson to explain the change in the $02 cent increase for the bond issue for the proposed 2006-2007 tax rate. Mr. Williamson explained that $.02 cents was used for the calculation which was in error due to the relationship between fixed debt service payment to the increase in the ad valorem as a result of the final certified tax roll. Some of the money flowed into the debt service account (approx. $146,000). I have spoken to City Manager Manson and affirmed the numbers. If it is the City's desire, the tax rate can be reduced to $.70678 and take the money from the fund balance and thereby have zero growth of revenue as a result of the tax rate increase. Mayor Mondy stated that during the budget process, Council asked if the $.02 cent increase was due to the bond issues. He stated that it was explained to citizens that the entire $.02 cent increase was due to the debt for the bonds over the next few years. Mayor Mondy asked if this change was made, then would the total increase be for the bond issue. Mr.Williamson stated that it would keep the ad valorem tax rate the same as last year for the funds and only increase the tax for the bond debt. Councilman Newsom asked where in the budget the allocations for the not-for-profit donations to be administered in FY2006-2007 were. Mr. Williamson replied that they were funded in the General Fund under City Council expenditures. Mr. Newsom stated that he wished to reiterate his objection to the City being involved in the business of allocations to charities. I do not believe this is a proper function of municipal government. Mayor Pro Tem Porter asked if the tax rate was lowered to the $.70678, would 100% of the rate increase be going to the bond debt. City Manager Manson replied that it would. She explained that the City had a very healthy fund balance and the reduction would not affect the City's programs or staffing. Council Action A motion was made by Councilman Hogue, seconded by Councilman Byboth to approve Ordinance No. 2006-56 adopting a budget and appropriating resources for Fiscal Year 2006- 2007, beginning October 1, 2006 and ending September 30, 2007; I further move to change the tax rate from the current $.695 per $100 of valuation to the discussed tax rate of $.70678. A vote was taken and passed 7-0. Minutes—September 12, 2006 Wylie City Council Page 4 3. Consider, and act upon, Ordinance No. 2006-57 fixing the tax rate/levy for 2006 and for the fiscal year 2006-2007 Budget. The tax rate proposed is seventy one and one- half cents ($0.715)per$100 of assessed value. (L. Williamson, Finance Director) Council Action A motion was made by Councilman Hogue, seconded by Councilman Young to approve Ordinance No. 2006-57 fixing a tax rate levy for FY 2006-2007 of $.70678. A vote was taken and passed 7-0. 4. Consider, and place on file, the Monthly Revenue and Expenditure Report as of June 30 and July 31,2006. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the Finance Department has prepared the attached reports for the City Council as required by the City Charter. Council Action A motion was made by Mayor Pro Tern Porter, seconded by Councilman Newsom to consider and place on file the Monthly Revenue and Expenditure Report as of June 30, 2006 and July 31, 2006. A vote was taken and passed 7-0. 5. Consider, and act upon, Ordinance No. 2006-58 establishing a convenience fee of $3.00 per transaction to be collected at the point of sale for those persons wishing to use a credit/debit card to purchase city services; containing a severability clause and providing for an effective date. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the Finance Department has had many requests from various departments asking for the ability to accept credit/debit card payments for city services. Utility Billing, Municipal Courts, Park and Recreation, Building Permits and the Animal Shelter have made the request and have enough volume to support initially the need for this method of payment. The use of credit cards by city residents does not save the city any money with respect to either payment acceleration or a reduction in labor or material cost to any degree. It will however reduce the number of bad checks received by the City. Mayor Mondy asked if the information provided tonight was discussed between Council and Staff at a recent work session. Mr.Williamson stated yes it had. Council Action A motion was made by Councilman Newsom, seconded by Councilman Byboth to approve Ordinance No. 2006-58 establishing a convenience fee of $3.00 per transaction to be collected at the point of sale for those persons wishing to use a credit/debit card to purchase city services; containing a severability clause and providing for an effective date. A vote was taken and passed 7-0. 6. Consider, and act upon, approval of AIA Document B141-1997 Part 1 and 2, between the City of Wylie and Wiginton-Hooker-Jeffry, P.C. Architects for design services related to Fire Station #3. (M. Manson, City Manager) Minutes—September 12, 2006 Wylie City Council Page 5 Staff Comments City Manager Manson addressed Council stating that the City Council selected Wiginton-Hooker-Jeffrey Architects to design the new Fire Station. The negotiated contract sets out the total estimated fee of $117,850 for basic services, a maximum of $52,705 for optional services, and $20,000 for reimbursable expenses, for a total of $190,555. The 2005 Bond identified $1,500,000 for Station 3 design and construction. The proposed size of the station is 11,500 square feet, with exact size to be determined during programming. Council Discussion Councilman Young asked if the cost for the architect was on tract with what the estimates were during the bond discussion. City Manager Manson stated that it was. Mayor Mondy asked that the architects redefine the specification to ensure that the proposed size was built. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to approve AIA Document B141-1997 Part 1 and 2 between the City of Wylie and Wiginton-Hooker-Jeffry, P.C. Architects for design services related to Fire Station #3. A vote was taken and passed 7-0. 7. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, authorizing the Mayor to sign a Development Agreement between the City of Wylie and the Skorburg Company for a tract known as the Hood property or Alanis Crossing. (M. Manson, City Manager) Council Action A motion was made by Councilman Hogue to remove consideration and possible action regarding a Development Agreement between the City of Wylie and the Skorburg Company for a tract known as the Hood property or Alanis Crossing from the table. Consensus of Council was to remove from the table and consider. Staff Comments City Manager Manson addressed Council stating that this item had been tabled from the last Regular City Council Meeting to give the City Attorney time to review the final document. She explained that the City Attorney has done so; the purpose of the proposed Development Agreement is to address the dedication of right-of-way and construction of Alan is Drive, and the timing of that construction. She explained that the land subject to the proposed Development Agreement is a 61.26 acre tract of land known as the Hood property, or Alanis Crossing and the developer has agreed to pay all sewer, water, parkland dedication, and thoroughfare impact fees associated with the property. The 2005 Bond Election included funding for the extension of Alanis Drive which bisects this property from its current terminus in the Twin Lake Subdivision to the future intersection with F.M. 544. Council Action A motion was made by Councilman Byboth, seconded by Councilman White to authorize the City Manager to sign a Development Agreement between the City of Wylie and the Skorburg Company for a tract known as the Hood Property or Alanis Crossing. A vote was taken and passed 7-0. Minutes—September 12, 2006 Wylie City Council Page 6 8. Consider, and act upon,Ordinance No. 2006-59 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 Chris Hoisted addressed Council stating that on August 29th, 2006 Council held a work session to discuss the water and sewer rate study prepared by McLain Decision Support Systems. The study incorporates the recently approved capital improvements plan (CIP) as well as a proposed $3,000,000 bond issue for the expansion of the public works facility. 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. The study also incorporates the proposed wholesale water rate increases from the North Texas Municipal Water District as well as the proposed expansion of the Muddy Creek Regional Wastewater Treatment Plant. Council Discussion Mayor Mondy asked Mr. Holsted if these proposed water/sewage collection and treatment rates were what the Council met to discuss during the recent work session with McLain Decision Support Systems. Mr. Hoisted replied that they were. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to approve Ordinance No. 2006-59 amending Ordinance No. 98-16 (Fee Schedule Ordinance) modifying Subsection 1.02 (Water Rates) and Subsection 1.03 (Sewage collection and treatment rates). A vote was taken and passed 7-0. 9. Consider, and act upon, authorizing the Wylie Economic Development Corporation to expend $175,224.00 to purchase ±0.491 acre from Roy N. Perry, Dorris J. Perry, and Randall A. Perry. (S. Satterwhite, WEDC Director) Staff Comments WEDC Executive Director Sam Satterwhite addressed Council stating that the WEDC has focused on properties closer to the expanded section of Cooper which has Baylor to the North and Shafer Plaza to the south. The focus on properties closer to Baylor/Shafer is based upon the ability to redevelop that section of Cooper independent of the balance of Cooper Drive. The ideal redevelopment scenario will be for the entire area to redevelop simultaneously, but costs associated with acquiring the entire area in the near future are prohibitive. Following approval from the Wylie City Council and closing on the Perry tract, the WEDC will control 1.5 acres (three tracts) on Cooper Drive. Mr. Satterwhite explained to Council that the total cost of the property was $200,000 ($25,000 paid by deposit by WEDC) and the closing costs were $224. Mr. Satterwhite requested that the full amount be approved tonight ($200,224.). He explained that the posting had been made according to the Open Meetings Act and if Council chooses to approve the $200,224.00 the City Attorney's office had opined that the additional amount was permissible to approve. Council Discussion Councilman Byboth asked Mr. Satterwhite how WEDC can buy these properties and pursue retail businesses or non-industrial under the guidelines of EDC yet you can not pursue companies like Whataburger to establish businesses in Wylie. Mr. Satterwhite explained that for example the Extruders property, we were able to purchase heavy manufacturing property; redevelop the property and sell it for Minutes—September 12, 2006 Wylie City Council • Page 7 retail uses. Those actions are proper as long as incentives are not offered. Services to a retail mall could be offered but incentives to the actual retailers could not. Council Action A motion was made by Councilman Byboth, seconded by Councilman Young to authorize the Wylie Economic Development Corporation to expend $200,224.00 for the purchase of 0.491 acre tract from Roy N. Perry, Dorris J. Perry, and Randall A. Perry. A vote was taken and passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read captions to Ordinances #2006-56, #2006-57, #2006-58, and #2006- 59 into the official records. Councilman Hogue left the meeting at 6:35 p.m. Manor Mondv recessed for a 10 minute break at 6:40 p.m. Mayor Mondv reconvened into Work Session at 6:50 p.m. WORK SESSION • Discussion of amendments to Ordinance No. 2002-10 regarding Athletic Fees. (R. Diaz, Assistant Superintendent, Parks and Recreation) Parks and Recreation Assistant Superintendent Robert Diaz addressed Council stating that in the packet were suggested changes to both athletic fees, charged to all participants playing on Wylie fields (fees currently $4.00 per participant) and lighting fees (currently $8.00 per hour per field). He explained that Council had asked staff to review the user and lighting fees and consider other city's fees and report back to Council. Mr. Diaz explained that the changes reflected the survey and revised the fees for users to $5.00 per player and a lighting fee change from $8.00 per hour to $13.00 per hour. Mayor Mondy asked Mr. Diaz how the comparison came out. Mr. Diaz replied that the user fees are all very different. Some cities have agreements for maintenance in lieu of fees and other charge various fees for the same services. He stated that part of the direction Council gave staff at the beginning of the year was to look at user fees in regards to residents and non-residents, adult players and children, and a fee based on a certain time period of the day. He explained that the Park Board reviewed and made recommendations based on these criteria and also based on a recovery of 50% of the cost to operate the fields. He explained that the Parks Board felt that the resident vs. non-resident fees should be reviewed at a later time when Founder's Park and other facilities have been upgraded. He then asked for direction from Council. Direction from Council was to: look at the possibility of team fees rather than individual player fees; review utility charges paid by the city in comparison to the fees for lighting and include in the fees, any possible increases; check team size when figuring the team fees and report back to Council in another work session. Minutes—September 12, 2006 Wylie City Council Page 8 ADJOURNMENT With no further business before Council, a motion was made by Councilman Newsom to adjourn the meeting at 7:40 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—September 12, 2006 Wylie City Council Page 9 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 26, 2006 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 09/06/06 Budgeted Amount: Exhibits: One Subject Consider, and act upon, approval of a Replat for Woodlake Village Block C, Lots 1R-3R2R& 1R-4RR to abandon an access easement on Lot 1R-4RR and plat an existing easement that was constructed on Lot 1R- 3R2R. Property located at 2010&2014 Hwy 78 N. Recommendation Motion to approve a Replat for Woodlake Village Block C, Lots 1R-3R2R& 1R-4RR, located at 2010&2014 Hwy 78 N. Discussion The applicant is replatting the previously platted lots to abandon an access easement on Lot 1R-4RR and plat an existing easement that was constructed on Lot 1R-3R2R. The purpose of this replat is to remove a thirty foot wide access easement located on the northern portion of Lot 1R-4R, Block C and create a twenty-four foot access easement along the southern portion of Lot 1R-3R2R. An existing retail center occupies Lot 1R-3R2R, with a proposed carwash to occupy Lot 1R-4RR. The property was the subject of a replat in 2004 that divided the tract into three separate retail parcels. The Replat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted 5-0-1 to recommend approval. Approved By Initial Date Department Director City Manager 7)/)(\ 4-/'/-C`‘ Page 1 of 1 RVIIATDEDICATION STAIR OF TEXAS 3 COUNTY Or Cd3wN , Lot LBW 3 WHEREAS, located ro�f t.P and ADS iwsn e:uvt.sulie mj�.Ad lbun �aeeml�c and rywwrt�u dwy rcmewd mite anYir,+nnaf. Village "t Cow,Teen se.dS,wdadda n.oidd in volume Ong.Page 1559,ar Volume l921,rape 1.6 of the Deed RPM ofCAME.,Tams.«4 me.Ned being dwnbed more ` P.R.ccT. 3 �� emnkrxy as tdbwe IR-)R!W laanloet c.Jt'mtlhte Vill.ye,.�apdfio.lo eeC ��i C0.P.F IJ-o(dePa R« ofCom Cwnh,Team uitl bRMnag dew:N(aw.elwnavlM,h Hioaxor rceapwtlevt+iao�daie ................ BFCm�lxe recovered J n hi..... a a w.n,rcr.uop.l•JPN LLND StwvEY3NG-.d.me.w.rmm.d.W Lr 1x-3a2: t jr,I.S i,,/ ..f THENCE lit. mnr(J)e.u,Clap m.usnlircdwuWlR-!112: r�in�rri� ' i ——_ Swix Sp«agorae Jl minas,ranraFwST adiwmx aS,d.l3 helm ,S Mch eep,eM rc6e rumpN'IPN LAND' YNG. nnialD�°e m 1 p TNultlpm m w a'uuM EST.ad�u«dl0.J>hnma mLovNnMea rcd-IxLAND SLRVET INC'. Cent. E'.'" `■ YN.I 0 SpLrtxxx degreaJ moron J,awffi E.,ST adarce of69,7 feet m.m 1,inert capped e.har 1,0I.ti ta. SURVEYING more notaheast �f \r) �., THENCE SOUTH al degree 29 m:wnm,rwuB WEST.al,the Ea«Ibedmid la 1R-3R2.•Egan.d 29R..rem w e meowed 511 inch 0 ...._r,.tor .. capped ree..amea-Jm LAND SLavevmc'.the w.dewomnmdrelw RaRz. of Col.County. i� PRCfT PAW asmaAdCdln Cmun,.nen -MEWL NORTH Et dq.34tn.nt.IJ muW WEST.aluny�snaals ofmWIUIB3u,e dame n,I7J 50 hen m a,n l 2 u.n,ygd W �� .bar®mad-PH LAND SURVEmm-at Ea north.comer ago Lot lR.4R �� .a.� .xTr. ,wI�:R rxdd 2Rmmw.,w�rWE ST.ah,91b1 End Ig auw L.IR«R a demoe d2sx>s fug m�bc,wbw..wmmd.d I I r„«;.-°m HENCE NpRTxmdgm,J,;=.0,V. F,7.elm, Sortl r_MI.aIR..a.ad.m.ofl-e.pfm,m•set1.,.,ea,�d m6mmamP.d•,.NL.<D,ERYEYIN�•.I,k mrd.eHedaddla tx.R: II Mock( NORTH 01dem26mmrnM,vewn EAST.alms.W.I.ofadd Lot IS+x and VNL.aIR,R2.adumnvnl6JSNI(.tome fabbn3R n..)J, POINT.,BEGINNING.coy.,e34 acres. CU'r. II w M .tom HEREPORKK OW PRESENTS: �/yf A,I y ,m..mmm.mmm capped mbar,l.m,w-Ind LAND st,OVFSIIe• THAT and wps'u .WONT by lm,wEe me mlm,.mea m au.me.m.ww.dvs.ma,.mH�6. 1 I n M T� ,a I Co...ava Deem....NJ JR20.RIRaRR BLUER C.wLRIpLAKE VIWUE w.ld�wowd.l'.s. tea.n Lr vxt T Cora. SwM IH of B3R f e.and do tmby.Jute mole axim me.m.awae..ro.. .pi. s R�a addmonmdec.T yheat „Me C. e ,n IK'�e.am. w mN NRN D BE I o ,m. #L .VIM,9:, 3. In s.e_ Doe numnemeree.eM,ewnel vmJmo(a commitment for tide lmnarcepavida AidbonmdA,e+br WwedA O .0S gybe Mull.Ltd.BEGINNING P.CC126 i - issued July l'.2d,2 eid ertmi.e RB Bvemme.L.P. NAIL ( 7m Fnh! mlriomroaC�s� HI92a DIM mr.mem.ealact ramdd« sax SxmEa STAMPED S88.31.13"E 278.13' IJr �m�rt,.oal olbweydu Eat mm.LM q«w manor«.Cmma.y .e . maw STATE Or TEXAS 9 I mbm m,m . ,.x LAND SURVEYING- 1————7 3 •`" "' coDN3,-pF_ , — t'--%— e m .p f ddua by metes_ Leo ml. Ord.,.and Sae L. M1,personally of 11 Mk., xopwm t°";omsd" ""°�ea°wmd�. wywn� ,le.. ofm amdmMwlmA«es•Flammvoni. MernLm(,ILa1R.4Ram e,�nmmw d .�Mm�dwlM m ta.a. al„,,,„ o I R ED5.IH f,�EDre. mad.. d�1a 04 Hw ;. m �aa<amm and ;co....w mm�n�m«d — R Y STAMPED " Lot1R-3 or..IR-4R a ,m w«.m «m„orb changes thew areevanam. A.. `.'888631.13nE �I•-,m�ANp YING ...ray band — grwmm ..11.d;nmeew.Je.mo lob 1R-J5I and IR-JR2 per lhlC:,of Lod IR-3 R 69.OT i I I y r ag a.Aquammdli(Molar 2-.2004 " I roan.me, .r.e.m 2.9RSA I of Teem ,__I--I. STATE Or TEXAS , a I r—,_NNE=————a J I L'e.:ate.C, Remw red for Approval COUNT,OF DA...AR t It'''.• 3 rLTC. I T———-—r-1—et dal awl.",• 6Ec.. aaxCee.y and Se mr m eared a II I I „ I T wm,eww,«mn Mee exew.dde same fo amusepicone m..Met.ml expressed to the person*me .mbdadtomem.d.yeach L�--- J Lr_—_— m my adealofam.e.._days Arc, ,';54r -r. ran d xKK. Chord JDelm Angle'"� edIndloA Tbe Slate of Team 41.2549-E-74le \ L. .,orM newel I i y.., W,N.Tmhm Oat fee M. .Id r— Nitp ..."` $ r..— .,.,.got e,.r au tT I I v.y«,ell,of Wylie.Tee. D.. I: 1 11 «., Tm,r.,i J .bore°Tj RECOVERED 3,11_ 11 TMe undersigned.the city Sm.,armeem of Wylie.Texas Mr.oerl9ea end the forego.,,N.l pl.ofLos srA3ExrBJwArn SIIPN'tort —1 rasa !N88e34.11.W I 2x.s.MARK.wort c or woo..v6mpe.ao rdioanm eiyaxy,.........dmmecx, 112 •JPx L.SURVEYNG-ADD I Coped anN dad S,d4 ate]V.Com.il.by(awl onset them and dare actor.. dudwr...ofwaadaBp, ......Caen,P.O..ar wore ar Sewer Wee SA 4r.e ar M.eMm ,MmS�Ee,m af'f• • — N ola1 amid Coned furtherO ;w the M a,soan.:Ow daowfby.4ww la norm =/ labealoned by< all ,... 'Ne'".m ratT, as Navin ed I I Zoned Cl, '—'I INm Lek) m.w.Ma oNV6w-n mR `�I W LdIRdRR.�l1 LotM �:1„ J ( Cty Replat eam r' 1.034 Rao 11 I rRt'.r .APaw 9na m7 I I cm r " Lots 1R-3R2R& 1R-4RR L P.c c T end, z Tern .. �_ VB., I j Block C Page 35,.P.R.C.CT. ,rZrenet-o ;e — ,—�. —_. _ _ I Woodlake Village T r _ = — —J' _ being a replat of Lots I R-3R2,&IR-4R,Block C,Woodlake Village —— — >.. — —— rot t. --_I_ L..ewf•emnhmm an addition to the City of Wylie,Collin County,Texas �"'""" 1 as recorded in Cabinet-«."""'. Dun L JonP.II«celydte,a Relayed Prams,.land Sm.eymof.sae of Tom,mlmay R,Pages 137 of the 174.11' Neee3I9OW N mi a I I the be°dmy knowledge.nee"ec Ma 1 prewme P"I dm"a" ground the Plat Records of Collin County,Texas-3.934 Acres-Zoned CC *bet cornea .. em«n .shoe...roansemPm,m,yplaced FOUND REMNANTS J mIder wit"'penala..,..Eton. Francisco de la Pine Survey,Abstract No.688 State Highwa y 78 Or TXDOT CONCRETE igariabIe width KO MONmPNrs Page I of 1-August 2006 Jan P.xwsR.imtb oe.wee. p«mme,e)oper m Px ho.,a zm6344 Regan..Profasionald a."^"oad I. ....."Mora>..�5 JPH Land Surveying, Inc. TD..T >s,K5.1 S,a OA,tow ma Dore.PRELIMINARY THIS DOCUMENT IS MT TO BE RECORDED FOR ANY PURPOSE 19721.3x,e500 I Rst Fast Adler Paley,Slone DMel!..Ten..6.4x Tel,DM 703,..,Fa.:Ie66DW-.6JI Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 26, 2006 Item Number: C Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: August 21, 2006 Budgeted Amount: N/A Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2006-24(R) Designating the City Secretary as the Public Information Coordinator for the Purpose of Receiving Required Training Associated with the Public Information Act. Recommendation A motion to approve Resolution No. 2006-24(R) Designating the City Secretary as the Public Information Coordinator for the Purpose of Receiving Required Training Associated with the Public Information Act. Discussion In the 79th Legislative Session, Senate Bill 286 was passed and became effective January 1, 2006. Public officials and or the officer for public information are required to complete one to two hours of training on the Public Information Act by December 31, 2006 or 90 days after taking office in 2006. Section 552.012(c) states that a public official may designate a public information coordinator to satisfy the training requirements of this section for the public official, if the public information coordinator is primarily responsible for administering the responsibilities of the public official or governmental body under this chapter. Designation of a public information coordinator under this section does relieve the training requirements for all other public officials. (Open Meetings training is still required by all public officials and board members within the same time frame.) The City Manager designated by the Act as the "Officer for Public Information" has appointed the City Secretary to serve as the "Officer's Agent" (public information coordinator) and shall be the City's authority for releasing records in accordance with the procedures set forth in the Act. Approved By Initial Date Department Director CE 08/21/06 City Manager M i f/G? Page 1 RESOLUTION NO. 2006-24 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DESIGNATING AN OFFICER FOR PUBLIC INFORMATION FOR THE PURPOSES OF RECEIVING TRAINING ON THE RESPONSIBILITIES OF THE CITY OF WYLIE CONCERNING THE PUBLIC INFORMATION ACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 552.012 of the Texas Government Code, as added by Texas Senate Bill 286, in the Texas 79th Regular Legislative Session, effective January 1, 2006, requires public officials and/or the public information officer to complete one (1) to two (2) hours of training on the Public Information Act. WHEREAS, Section 552.012(c) states that a public official may designate a public information coordinator to satisfy the training requirements of this section for the public official if the public information coordinator is primarily responsible for administering the responsibilities of the public official or governmental body under this chapter. Designation of a public information coordinator under this section does relieve the training requirements for all other public officials. WHEREAS, the City Manager designated by the Act as the "Officer for Public Information" has appointed the City Secretary to serve as the "Officer's Agent" (public information coordinator) and shall be the City's authority for releasing records in accordance with the procedures set forth in the Act WHEREAS, the City Council desires to appoint the City Secretary as the "Officer for Public Information", for purposes of receiving training as required pursuant to Section 552.012 of the Texas Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WYLIE, TEXAS: Section 1. That the foregoing recital is hereby found to be true and correct legislative finding of the City of Wylie, Texas, and is fully incorporated into the body of this resolution. Section 2. That the City Secretary is designated as the Officer for Public Information (public information coordinator) for the purposes of receiving training on the responsibilities of the City of Wylie, Texas, concerning the Public Information Act. Resolution 2006-24(R) Page 1 Designation of City Secretary as Officer for Public Information for the Purpose of Receiving Training under the Public Information Act. Section 3. This Resolution shall be effective immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, this 26th day of September, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution 2006-24(R) Page 2 Designation of City Secretary as Officer for Public Information for the Purpose of Receiving Training under the Public Information Act. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 26, 2006 Item Number: D Department: Library (City Secretary's Use Only) Prepared By: Rachel Orozco Account Code: Date Prepared: September 12, 2006 Budgeted Amount: $ 23,483.20 Exhibits: Subject Consider, and act upon, 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 2006-2007. Recommendation Motion to authorize 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 2006-2007. Discussion Collin County allocates funds for library services to cities in the County. For fiscal year 2007, Collin County will fund the Rita and Truett Smith Public Library$23,483.20 from October 2006 through September 2007. Payments are made to the City of Wylie on a quarterly basis. Approved By Initial Date Department Director RO 09/12/06 City Manager g101 C/- /7-Q6 Page 1 of 1 t Office of the County Purchasing Agent September 11, 2006 RITA & TRUETT SMITH PUBLIC LIBRARY Ms. Rachel Orozco, Director 800 Thomas Street Wylie, Texas Re: Interlocal Agreement Library Services Dear Ms. Orozco, Enclosed please find three(3) copies of the Interlocal Agreement between Collin County and the Rita&Truett Smith Public Library for your approval and signature regarding the referenced services. Please sign and return three (3) originals for final processing. Upon completion, one (1) fully executed copy will be returned for your files. Should you have any questions,please feel free to contact me at(972)548-4122 or Metro (972)424-1460, ext. 4122. Sincerely, OCLUJ—Ct /6-11:ustiA— Paula Smith Contract Administrator /ps Encl. c: file McKinney, Texas 75069 • (972)548-4165 • Metro 424-1460 Ext. 4165 THE STATE OF TEXAS COUNTY OF COLLIN INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF COLLIN AND THE RITA & TRUETT SMITH PUBLIC LIBRARY I. This agreement is made and entered by and between Collin County, a political subdivision of the State of Texas, hereinafter referred to as the "COUNTY" and the Rita & Truett Smith Public Library ; hereinafter referred to as the "LIBRARY". II. The COUNTY and LIBRARY agree as follows: The COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens and residents of Collin County. The LIBRARY is a City Council created entity established for administering and providing library services for the general public in Collin County, Texas. The undersigned officers or agents of the COUNTY and the LIBRARY are properly authorized officials and agents and each has the necessary authority to execute this contract on behalf of said agent's principal and that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. The COUNTY agrees to fund the LIBRARY in the amount of $23,483.20 for the 2007 fiscal year (October 2006 through September 2007) of the COUNTY, under the conditions and terms set out herein. In exchange for said funds provided by the COUNTY, the LIBRARY will provide the following services to the citizens of Collin County for the year of 2007: The LIBRARY shall continue to provide full library services for residents of Collin County, Texas, without distinction between those who reside within or without an incorporated area of the county. The LIBRARY shall perform such other functions and duties as may be required of it by law or by lawful authority. All benefits and services provided by the LIBRARY and the administration of its program or programs shall be done in conformity with all State and Federal Laws and without regard to race, religion, gender or ethnic background of the persons being served, and without regard to the immigration status of the persons being served. All funds provided to the LIBRARY by the COUNTY shall be used solely for library services to the public. The LIBRARY shall diligently prepare and keep accurate and current records of its board meetings, official actions and expenditures and shall permit inspection and copying of said records by authorized agents of the Commissioners' Court, District Attorney and County Auditor of Collin County, Texas from 8:00 A.M. to 5:00 P.M. Monday through Friday of each week (except officially recognized holidays). Further, the LIBRARY agrees to submit to audits by the County Auditor in accordance with the directions of said official. The LIBRARY shall comply with the Texas Open Records Act and the Texas Open Meetings Act, provided that matters and records deemed confidential by law shall not be compromised. For the aforementioned services provided by the LIBRARY, the COUNTY agrees to pay to the LIBRARY for the full performance of this agreement: the sum of$5,870.80 on a quarterly basis. The LIBRARY understands and agrees that payment by the COUNTY to the LIBRARY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY, and in conformance with applicable state law. Neither of the parties to this agreement waives or shall be deemed herby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. The LIBRARY is not given authority by this contract to place the COUNTY under any manner of legal obligation to any third party, person, entity or agency, and is not hereby made an agent of the COUNTY for the purpose of incurring liability. The LIBRARY does not have under this agreement authority or legal capacity to admit or confess error or liability on behalf of the COUNTY. The effective date of this agreement shall be the day that it is signed by both parties. This agreement and any of its terms and provisions, as well the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. EXECUTED in duplicate originals this, the day of , 2006. BY: The County Judge of Collin County, Texas BY: The Authorized Representative of Date The Rita & Truett Smith Public Library Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 26, 2006 Item Number: 1 Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: N/A Date Prepared: September 19, 2006 Budgeted Amount: N/A Exhibits: 1 Subject Consider, and act upon,Resolution No. 2006-25(R), ratifying Jeff Butters as Acting City Manager in the absence of Mindy Manson, City Manager. Recommendation A motion to approve Resolution No. 2006-25(R)ratifying Jeff Butters as Acting City Manager in the absence of Mindy Manson, City Manager. Discussion Article IV, Section 1.D. of the Wylie City Charter requires the City Manager, within 30 days of taking office, to designate a staff member to serve as the Acting City Manager in their absence. A letter designating the Acting City Manager is to be filed with the City Secretary and ratified by the City Council. Jeff Butters has been designated by Mindy Manson to function in this capacity, in the event of her absence or disability. Approved By Initial Date Department Director City Manager MM 9-19-06 Page 1 of 1 RESOLUTION NO. 2006-25(R) RESOLUTION OF THE CITY OF WYLIE; RATIFYING JEFF BUTTERS AS ACTING CITY MANAGER IN THE EVENT OF THE ABSENCE OF MINDY MANSON, CITY MANAGER. WHEREAS, Article IV, Section 1.D. of the Wylie City Charter requires the City Manager, within 30 days of taking office, to designate a staff member to serve as the Acting City Manager in their absence, and; WHEREAS, Mindy Manson has filed with the City Secretary a letter designating Jeff Butters as Acting City Manager in the event of her absence or disability. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: 1. Jeff Butters is hereby ratified as Acting City Manager in the absence or disability of Mindy Manson. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 26th day of September 2006. Mayor, John Mondy ATTEST: Carole Ehrlich, City Secretary Resolution No.2006-25(R) Ratification of Acting City Manager l'itt• CITY OF WYLIE Our Mission... ._do be responsible stewards of the public trust, g to sir ive for excellence in public service and to OFFICE OF THE CITY MANAGER enhance the quality of life for all. September 19, 2006 Honorable John Mondy and Members of the City Council City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Honorable John Mondy and Members of the City Council: Pursuant to Article IV, Section 1. D. of the City of Wylie Home Rule Charter, I Mindy Manson, City Manager for the City of Wylie, do hereby designate Jeff Butters as Acting City Manager in the event of my absence or disability. I have filed this letter with the City Secretary within 30 days of my appointment. I request the City Council to ratify this designation. Si cerely,ii4 /n�C_ W Y l„`'_________ Mindy M ns City Mana cc: City Secretary 2000 Highway 78 North • Wylie.Texas 75098 • 972.442.812(1 • www.wylietexas.gov Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 26, 2006 Item Number: 2 Department: CM (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: N/A Date Prepared: September 21, 2006 Budgeted Amount: N/A Exhibits: 4 Subject Consider and act upon, allocation of funding for Not For Profit organizations: Blackland Prairie Foundation, Equest Therapeutic Horsemanship, Friends of the Rita and Truett Smith Public Library,Meals on Wheels, Inc., Plano Children's Medical Clinic and Wylie ISD Education Foundation. Recommendation Motion to allocate funding amounts for Not For Profit Organizations. Discussion On August 1, 2006 the Council heard presentations from the above listed organizations regarding proposed funding allocations, per Ordinance No. 2005-52. A total of$33,000 has been allocated from the FY 2006/2007 Budget, with $16,500 ($.50 per capita of COG population of 33,000) previously committed to Collin County Children's Advocacy Center (CCCAC), Court Appointed Special Advocates (CASA), and City House on January 24, 2006 (see attached minutes). Each group submitted a Request for Public Funds form summarizing their programs. The amounts requested are: Blackland Prairie Playground Foundation $2,500 Equest $25,000 Friends of the Library $1,740 Meals on Wheels no amount specified Plano Children's Medical Clinic $8,000 WISD Education Foundation $10,000 Approved By Initial Date Department Director City Manager Page 1of1 9-15-06 8:25 AM G/L BUDGET REPORT FUND 100 GENERAL FUND ITEMS PRINTED: ANNUAL BUDGET AMOUNTS PAGE: 2 ACCOUNT NO# ACCOUNT NAME ANNUAL BUDGET E NO: 111 CITY COUNCIL 100-5111-51240 CITY COUNCIL 22,800.00 Council Compensation (6) 72 250.00 18,000.00 Mayor Compensation (1) 12 400.00 4,800.00 100-5111-51470 WORKERS COMP PREMIUM 150.00 Workers Compensation Premium 150.00 100-5111-52010 OFFICE SUPPLIES 5,150.00 Routine Office Supplies 300.00 Pencils 2,500 0.20 500.00 Magnets 4,000 0.48 1, 920.00 Lapel Pins 1,000 1.50 1,500.00 Mugs _ 500 1.86 930.00 100-5111-52040 POSTAGE & FREIGHT 0.00 100-5111-52130 TOOLS/EQUIPMENT 0.00 100-5111-52810 FOOD SUPPLIES 5,580.00 Council Dinners regular 22 150.00 3,300.00 Council Dinners Special 4 150.00 600.00 Chamber Luncheons 7*15*12 105 12.00 1,260.00 Star Students Chamber 7*15*4 105 4.00 420.00 100-5111-52990 OTHER 0.00 100-5111-56040 SPECIAL SERVICES 4,340.00 Council Photos & Framing 500.00 Student Government Day 1,000.00 Council Shirts (7*55) 390.00 City Map 1,500.00 Star Students 200.00 Flowers 750.00 100-5111-56080 ADVERTISING 1,000.00 Special Events/ Thank you/etc. 1,000.00 100-5111-56110 COMMUNICATIONS 5,280.00 Blackberry's for Council (6) 12 440.00 5,280.00 100-5111-56210 TRAVEL & TRAINING 23,500.00 Council Retreat 6, 000.00 AMCC Annual Conference 4 1,500.00 6,000.00 TML Annual Conference 5 1,500.00 7,500.00 NLC 2 2,000.00 4,000.00 100-5111-56250 DUES & SUBSCRIPTIONS 21,300.00 NCTCOG Membership 3,000.00 North Texas Commission 2, 600.00 National League of Cities 1,400.00 Texas Municipal League 3, 400.00 Wylie Chamber 1,500.00 Dallas Regional Mobility 2,500.00 Innovative Groups 1, 900.00 TEX 21 5,000.00 100-5111-56990 OTHER 40,400.00 ; Non for profit contributions 33, 000.00 Chamber Banquet Auction 1 1,500.00 1,500.00 Chamber Golf Sponsorship 1 400.00 400.00 Christian Care Auction 1 500.00 500.00 CCCC Contributions 5,000.00 PAGE TOTAL: 129,500.00 ORDINANCE NO. 2005-52 AN ORDINANCE OF THE CITY COUNCIL OF WYLIE, TEXAS ESTABLISHING A POLICY REGARDING FUNDING REQUESTS RECEIVED BY NOT-FOR-PROFIT ORGAN-IZATIONS; PROVID- ING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Wylie, Texas annually receives requests for donations of public funds for various purposes; and WHEREAS, these requests for donations of public funds have impacts on the fiscal stability of the City of Wylie; and WHEREAS, the Wylie City Council wants to adopt a donation policy that provides public funds in a fiscally responsible manner to appropriate, qualified not-for-profit organizations providing services to the citizens of the City; and WHEREAS, the Wylie City Council wants to adopt a donation policy that provides guidance to not-for-profit organizations on the procedures for requesting donations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: Section 1. That the City Council hereby adopts a policy as it relates to funding requests from not-for-profit organizations as detailed in Attachment"A". Section 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3. Should any paragraph, sentence, subdivision, clause, phase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the whole. Section 4. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. Section 5. This policy will become effective for the 2006-07 budget cycle and --. beyond. Ordinance#2005-52 Not for Profit Contribution Policy 1 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 11`h day of October, 2005. ,...._e ��,E�i . b �, M or Pro Tempore ATTEST: •`�\�y . .. . ." '... SEAL ',I :... 1.41zelie...eri _ . Carole Ehrlic‘City Secretary Ap,_. ....... S .,/',''-`I Ei'►V-XP```� Date of publication in The Wylie News—October 19,2005 Ordinance No.2005-52 Not for Profit Donations Policy 2 Attachment "A" The City of Wylie Policy on Requests for the Donation of Public Funds In Support of Not-For-Profit Organizations Purpose: The City of Wylie is committed to providing financial assistance to not-for-profit organizations that provide assistance to its citizens. In funding not-for-profit organizations, the City of Wylie will: 1. Encourage the not-for-profit organizations to provide services that meet specific needs of Wylie citizens. 2. Provide "last resort" capital or operating budget support to not-for-profit organizations. 3. Supplement (not supplant) funding from other sources available to not- for-profit organizations. 4. Provide limited funds to encourage the not-for-profit organizations to seek alternative resources of funds, donated materials and volunteer labor. 5. Relate specifically to measurable levels of service provided to City citizens. 6. Promote accountability through reporting of services provided. Procedures: The presentation and consideration of requests for expenditures of public funds by the City Council in support of not-for-profit organizations will be evaluated based on the following guidelines and criteria: 1. Requests for the donation of public funds to not-for-profit organizations must be submitted to the Wylie City Manager's Office on or before May 1, of each year for consideration in the operating budget process. 2. An emergency request may be submitted at anytime provided: a. The request was not reasonably foreseeable on or before May 1, budget process deadline, or b. The essential function of the requesting not-for-profit organization would be irreparably harmed if delayed to the next budget process cycle. 3. Organizations requesting the donation of public funds from the City of Wylie are required to complete the City's Request Form (Exhibit "A"). Ordinance#2005-52 Not for Profit Contribution Policy 3 4. Each not-for-profit organization's application for funds will be screened by the City Manager's Office to ensure the guidelines and criteria are met. 5. Presentations of qualified applicant requests will be made at a City Council meeting appropriate to the operating budget process, to include a Public Hearing. 6. Not-for-profit organizations whose requests do not meet the guidelines and criteria of this policy will be so notified and if appropriate, invited to resubmit the request for the next budget cycle. 7. City Council donations to not-for-profit organizations will be based on the benefit to the public and the priorities of community outcomes. Eligibility Criteria: At a minimum, the not-for-profit organizations will meet the following qualifying criteria to receive public funds: 1. The organization will be a non-profit, tax exempt 501(c) (3) corporation, in good standing with the State of Texas, and must have an active Board of Directors in compliance with IRS Section 501 (c) (3). 2. The organization will have been operating successfully for at least two years prior to the application deadline. *41 3. The organization will have sufficient funding support to meet ongoing operating costs and obligations. 4. The organization is not currently receiving other funding from the City of Wylie. 5. If previously funded by the City of Wylie, the organization must have successfully fulfilled all prior contractual obligations, or explain reasons for non-compliance. 6. Services and programs are need-based, nondiscriminatory, and provided to the citizens of the City of Wylie. 7. Services and programs are provided through means that are more cost effective than the City government could provide. 8. Services and programs supplement or extend the services and programs by the City. 9. Services and programs are able to fill gaps that may exist between those of the City and the needs of the community. 10. The organizations are able to verify their not-for-profit status and submit detailed financial documents for review by City staff, including, but not limited to: a. Federal tax identification number; b. Copy of 501(c)(3) nonprofit status certification letter; and c. Certificate of liability insurance. Ordinance#2005-52 • Not for Profit Contribution Policy 4 ... Restrictions on the Use of Public Funds: The City of Wylie will not fund the following: 1. No more than 25% of the public funds request may be for salaries; however, under unusual circumstances, exceptions may be approved by the City Council. 2. Social functions, parties, receptions, fund-raising benefits, refreshments, or beverages. 3. Licensing fees of any kind. 4. Underwriting, investments, stocks, bonds, or any financial obligation. 5. Interest and/or depreciation on loans, fines, penalties, or costs of litigation. Accountability: Not-for-profit organizations requesting donations of public funds will adhere to general accounting principles as set by law. Continued compliance with these standards is a criterion for possible future donations. These standards include, but are not limited to: 1. Submission of a current list of the organization's Board of Directors, officers, and staff. 2. Submission of the organizations bylaws and mission statement. 3. Submission of the most recent audited financial statement and/or detailed budget as part of the application process. 4. Submission of end-of-year financial report to the City after the donation is granted. Ordinance#2005-52 Not for Profit Contribution Policy 5 for Cause was also addressed by Attorney Fort. Attorney Fort explained that the existing contract requires a 2/3 vote of Council to terminate the contract for cause-meaning that if there is something in the contract that Allied Waste System is required to do but are not doing, the City has the right to terminate. The new draft only requires a majority vote instead of a 2/3 vote by Council for the right to terminate. Mayor Mondy asked City Manager Roath what his recommendation was. City Manager Roath stated that we have not increased the vendor's rates since 2001 and if they are having to eat cost to provide service then it is difficult for them to provide service at the same time. City Manager Roath stated that his only concern is in regards to allowing the City the mobility that if the service doesn't improve,we do not have to wait until 2008 to cancel. If Council feels that having assurance of having a month to month contract for the remaining period of time would be more advantageous to the City, then this would be his recommendation. City Manager Roath stated that if the City Attorney could fashion a language that if service is not appropriate to Council and provided that the new contract provides a complaint list or log to be furnished to the Council, and periodically reviewed by staff and Council, and if Council is not happy with the service,we should not continue the service. City Manager Roath stated that however,on the other hand,if we do not give Allied Waste System the opportunity to have a rate increase to provide the service we require, then it is kind of our responsibility as well that they don't succeed. Mayor Pro Tem Hogue asked if Allied Waste is not making money in the City of Wylie. Mr. Donaldson stated that they are doing a lot of this area and that this contract is by far the lowest one in the area. Mayor Pro Tern Hogue again asked if Allied Waste System is losing money. Mr. Donaldson stated that the City of Wylie is not paying for itself at all. Mayor Pro Tem Hogue stated that his concern is that Allied Waste System is taking care of the residents of the City of Wylie. City Manager Roath stated that an alternative would be to approve whatever increase the Council feels is appropriate, subject to the change in language to the contract allowing the City to terminate the contract if services are not up to Council's level of performance. Mayor Mondy asked if this item could be tabled. Mayor Pro Tem Hogue concurred that this item should be tabled. City Manager Roath stated that if tabled, this would allow time for the City Manager and City Attorney to incorporate changes into the contract. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to table this item to the February 14,2006 Council meeting. A vote was taken and passed 6-0. Councilman Young was absent. 5. Consider and act upon a commitment by the Wylie City Council to contribute to CASA, Collin County Children's Advocacy Center (CCCAC) and City House from the FY 2006-2007 Annual Operating Budget and determine the amount of said commitment. (C.Ehrlich, City Secretary) Councilman Young arrived at 7:38 p.m. Staff Comments Mayor Mondy stated that he received a request from the Mayor of the City of Melissa, a group of elected officials and mayors,to assist these programs in funding. Mayor Mondy stated that the need of the organization services are up but their revenue is down and that the purpose of this item is try to give these organizations a number they can depend on to develop their budget for next year. Mayor Mondy opened the floor for discussion. Mayor Pro Tern Hogue asked what cities are currently participating. Mayor Mondy stated that he is aware of Plano, Frisco, McKinney, and Lowry Crossing are participants in these programs. Councilman Newsom noted that these are worthwhile groups but that on October 11,2005, Council passed an Ordinance giving a procedure for donations of this sort and that this request is outside the procedures that was passed by Council on October 11 and that this request doesn't meet any of the exceptions as noted in the Ordinance. Mayor Mondy stated that Council is only asked to provide a commitment for their budget planning for next year. Councilman Porter asked did the organizations go through the correct procedure to apply. Mayor Pro Tem Hogue stated that the reason we have the procedure is that this group came to Council originally and asked for our help. Mayor Pro Tem Hogue also stated that this is the reason he would consider it. Councilman Porter asked for clarification and if this group has completed paperwork for funding. City Manager Roath clarified that this group did come to council for funding in September and Council adopted an Ordinance in October indicating a directive for nonprofit organizations to make application for funding. There is a provision in the current Ordinance that allows for emergency appropriations during the year if it was deemed that there would be irreparable harm to the organization in not having available funds. -y. Mayor Mondy stated that all three organizations are running on a shoe string budget and they are asking for a commitment of funding for next year. Councilman Newsom stated that he could not see making a commitment until Council see every organization that will make a request. Councilman White stated that we have blotted so much money as a whole and now we are being asked to commit money and we don't know how many other groups will be coming to us for funding. Minutes—January 24,2006 Wylie City Council Page 7 Councilman Porter asked if there were any reason that we stated May as the time to accept applications and if we could increase the application period. Councilman Newsom stated that this eliminates the Ordinance that was passed in October, 2005. Councilman Porter stated that we can amend the Ordinance. Councilman Newsom asked what account would this money come from. Finance Director Williamson stated that nothing is appropriated at this time.Mayor Mondy stated that these organizations are asking only for a commitment. Councilwoman Allen stated that when this item was first presented to Council, Council stated that it would commit an amount but were not sure, at that time, of the funding amount. Councilwoman Allen asked when these organizations need the funding and Mayor Mondy stated that they only need a commitment amount. City Manager Roath was asked if we have received any requests from other non-profit organizations for funding. City Manager Roath stated that the passage of this policy has been publicized in the paper and that other groups may be anticipating applying in May and that he would hope that we would put some notice in the paper so that local groups that need Council support would have the opportunity to at least apply. City Manager Roath stated it would behoove us to get the word out that the Council is considering this. Councilman Porter asked if Council had decided on a figure in October 2005, when the item was presented to Council. Councilman Newsom stated that this would be decided during the next budget year. Mayor Mondy stated that other communities are allocating 25 cents, 50 cents or$1.00 per capita using COG figures. Councilman Newsom stated that these organizations should apply in May along with other non- profit organizations. Attorney Fort stated that a pledge can be made and is not contractual binding and can be made subject to funding in the budget. Councilman Porter stated that he would like to help these organizations by providing a pledge of .50 cents per capita and that these organizations are currently providing services to the residents of the City of Wylie. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Hogue approving a pledge to CASA, Collin County Children's Advocacy Center (CCCAC) and City House from the FY 2006-2007 Annual Operating Budget and determine the amount of said commitment to be fifty(.50)cents per capita based on COG (North Central Texas Council Of Governments). A vote was taken and passed 5-2. Mayor Mondy,Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Porter and Councilman Young voting for and Councilman Newsom and Councilman White voting against. 6. Consider and act upon approval of Ordinance No. 2006-06 approving a budget amendment, in the amount of $145,104.00, for the additional installation of 662 meters, the incremental cost of 270 1"meters,and miscellaneous items to include risers and gaskets. (L. Williamson,Finance Director) Staff Comments Finance Director Williamson addressed council and stated that the number of meters installed were more than the count of actual meters due to meters that were not active and some residents had two meters. Councilman Porter asked if it was still cheaper to put in one inch meters rather than a 3/4 inch adapter. Finance Director Williamson stated that to put risers on the 3/4 inch meters was about a wash but that residents with a 1 inch meter to change out to a'/,inch meter,would have lost a lot of pressure and we did not want to change service to them because the residents had originally paid for a one inch meter. Councilman Young asked if the amount specified would come out of the General Fund or the Utilities Fund. Finance Director Williamson stated that the amount would come out of the Utilities Fund. Mayor Pro Tern Hogue asked if this was the final cost and Finance Director Williamson stated that it was. Councilman Porter asked if we had a few back up meters and do we anticipate any bad meters. Finance Director Williamson stated that we have about 200 meters in our warehouse and that the meters are warranted for 10 years at 100%. Councilman Porter asked if the meters are keeping better records and is the City actually making a little bit more than what it use to. Mayor Mondy stated that the meters are measuring more accurately and the residents are paying for what they are consuming. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Ordinance No. 2006-06 approving a budget amendment, in the amount of$145,104.00, for the additional installation of 662 meters,the incremental cost of 270 1"meters,and miscellaneous items to include risers and gaskets. A vote was taken and passed 7-0. Minutes—January 24,2006 Wylie City Council Page 8 REC FI\1FD 't:iju3 City Sec. Office • REQUEST FOR PUBLIC FUNDS FORM Submit to: Office of the City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 • Telephone: 972-442-8120 Fax: 972-442-4302 Deadline: May 1, 2006 Name of Organization: Bt-10C IC A*JS") WAlittc ?LAICIR/ 14. D c-OLA4ADAETibti Address of Organization: ?o-?J t4 LfLjL% te [')( -15tft Telephone of Organization: CO Z- L''-1V 41-13 Name(s) of Contact Person: J,_lwtc Federal Tax ID: 20 0-2_451 qg 7O Requested Donation Amount: $,25 -do List of Attachments: ✓ Copy of 501 (c) (3) Nonprofit Status Certification Letter. Certificate of Liability Insurance. • V Copy of Organization Bylaws and Mission Statement. Current List of Board of Directors, Officers, and Staff. Copy of the most recent Audited Financial Statement and/or Budget • Ordinance#2005-52 Not for Profit Contribution Policy 6 .Briefly describe the purpose, programs, and accomplishments of the organization: t7 f F W&5 -Corett.t:it c14. ,"'S�! jerk-. o,�-( c�, L' pr(� -+ th 4 F i t:e v4:44. 4f ovN opi care.. of- �-}->4►a ptc gyp" a . C .strs.►.c.+t.r,., nfi � -,. � m,„ ..e 4.x-5 5u_c-ce..54 Ad!) #. Afet C • • • How is the organization governed and managed? —f rk tom-!s i "DJ cr..�c� a,,01, r ac.cP L What is the geographic service area of the organization? /ri ,0jt tCA,etNOVAA%:41c.s. If the organization serves outside the City of Wylie, please indicate the number or percentage of Wylie citizens served: . • Has the orgaok ation previously applied for a donation of public funds from the City of Wylie?Yes ✓ No If"Yes"briefly describe the details and outcome of the equest: ‘Cat (e f 1.x-5 S5tvo0% - 1, ; ri►41.4 4i.... 5ro`...4 What is the intended use of t requested donation of public funds? U,(eiIc* 1f BLit- ;Li .11 �. r�r ir�t �...�Z..-. 4+ • Ordinance#2005-52 Not for Profit Contribution Policy 7 • • What benefit to the citizens of Wylie (educational, economic, health, etc.)will result from the requested donation of public funds? ` « i5 v ( fl..k� - •�tc�:n [ 1( a1 y hear ti c - t `-�.�- -i ,r,;�es �ta«.td - rcc.:z-fit �tn�.�i y Explain how the organization will evaluate the results of the use of this donation of public funds: 4 A. C .56.1-#-s 1e s e(J • • • The undersigned do hereby attest that the above information is true and correct to the 0best of • r ArirAdy: / 45745:Z•te_ 4. din A a re fn. • „Art limit, Print Name . Print Na e TitleTitle f - 0Lo %%Cat/C D Date Ordinance#2005-52 Not for Profit Contribution Policy 8 • • • • REQUEST FOR PUBLIC FUNDS FORM Submit to: Office of the City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Telephone: 972-442-8120 Fax: 972-442-4302 • • Deadline: . May 1, 2006 • Name of Organization: Equest Therapeutic Horsemanship Address of Organization: 3800. Troy Road Wylie 75098 Telephone of Organization: 972-412-1099 Name(s) of Contact Person: Kay Green, Executive Director Peggy Nolan, Development Director Federal Tax ID: 75-1823701 • Requested Donation Amount: $25,000 • List of Attachments: x Copy of 501 (c) (3) Nonprofit Status Certification Letter. • X Certificate of Liability Insurance. x- Copy of Organization--Bylaws and Mission Statement. ----- - x Current List of Board of Directors, Officers, and Staff. x Copy of the most recent Audited Financial Statement and/or Budget x Copies of press received X Annual Report X Brochure • Ordinance#2005-52 Not for Profit Contribution Policy 6 • Briefly describe the purpose, programs, and accomplishments of the organization: • See attached proposal • How is the organization governed and managed? Equest is governed by a volunteer Board of Directors and is managed by an Executive Director. What is the geographic service area of the organization? Equest serves riders from Collin, Dallas, Denton, Kaufman, Ellis, Rockwall, Grayson and Hopkins counties in North Texas. If the organization serves outside the City of Wylie, please indicate the number or • percentage of Wylie citizens served: Equest has 16 riders with disabilities from Wylie and 77 registered volunteers. • • Has the organization previously applied for a donation of public funds from the City of Wylie? Yes No x If "Yes" briefly describe the details and outcome of the request: What is the intended use of the requested donation of public funds? See attached proposal Ordinance#2005-52 • Not for Profit Contribution Policy 7 • What benefit to the citizens of Wylie (educational, economic, health, etc.) will result from the requested donation of public funds? The improvements of fencing to the property will not only help keep the horses safe and better managed but the value of the property will be improved and the appearance will be consistent with the growing neighborhood. The fencing project bill maka Fgiiect even heater naighhnrG. Explain how the organization will evaluate the results of the use of this donation of public funds: Reduced costs in the areas of feed, supplements and veterinarian bills will be a direct result of the fencing project. Improved health, physical condition and temperment of the horses is expected after the installation of the cross fencing and perimeter fencing. Horses in better condition will be more productive in classes. • The undersigned do hereby attest that the above information is true and correct to the best of our knowledge. (Se Si-lure Signatt0v Kay Marsh Green _ Peggy Nolan Print Name Print Name Executive Director _ Development Director . Title Title q//476 �1/ /D �o Date Date Ordinance#2005-52 Not for Profit Contribution Policy 8 RECF" oa- MAY 0 i REQUEST FOR PUBLIC FUNDS FORM OFFICE OF Inc + OeR Submit to: Office of the City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Telephone: 972-442-8121 Fax: 972-442-4302 Deadline: May 1, 2006 n Name of Organization: Tke -friends or ` e )` arc:ITruett Shv►rill Pit Address of Organization: g6O,Ti orf as Pre et T?KQS Telephone of Organization: q1 Z' qqa- 60314 Name(s) of Contact Person: Terr( Sni,`th , r"ec/der t Federal Tax ID: 15'a 19q 151 Requested Donation Amount: 11190 List of Attachments: ✓ Copy of 501 (c) (3) Nonprofit Status Certification Letter. Certificate of Liability Insurance. Copy of Organization Bylaws and Mission Statement. tv Current List of Board of Directors, Officers, and Staff. V Copy of the most recent Audited Financial Statement and/or Budget The -1-to r s do ndf rt ate L-06 t -rr'i.S'UT6 tic e. Request for Public Forms Applications Page 1 Briefly describe the purpo rogra and accomplishments of the organization: 'end - and ru 1/6bc c'6ru I'tf' t rn re VP tmP h'f' e CI !f"•e,.5 and scL'rl/1 cPs f/F 1ti 014d Tru f*-f' cni ?u (ic Li 6 m eye rr, ess j2, /Ls C��rrt posed dF e�p1 e wio bee lift/ cn e �or1a ce, d f ooks r�aoO f earn' a► a' I &w-ies Gr all cges. '11.,e t`te rds have dew loped ce e, -fit cddrei P ve r t3 S cl1 as .S'4147, Jfas, a, t'Jh r is s Gre Pfi Carr! e, a►act Sate, y�e ro etodS 9U d l►ee1-f dU P Lr ra. • 71,1P *wills' kw_ vrc..f%ased B(tcehorme+ boos=./c, -{Vrn,'f re 4� incentives -(Sr Sip-fryer Yeeo tom. How is the organization governed and managed? D1gan/z 70'r) Ce,ns1 sf3 aF a ereSident Vice.- President .Secre rtiyi Treasa rer a nci' i' i,e_ Cl t're chrs What is the geographic service area of the or,ganization? 7hP tettds5at�j por�F �'!#P J iI`rA ak)le Li rani `APvhl�f* LI:bra ServeslUytlte r?s"denfi3 Qra 'K-Q sorrour+ treas. If the organization serves outside the City of Wylie, please indicate the number or percentage of Wylie citizens served: tr 0 y 116 resider► l y3 percerr' own 1/6 cards• I4 toe-te , 1I br curt ore of temAl'red �v use rmdenals in '-fZAP 1_4rr4vt or-- �n al-kraf 1 ��rn.rrns. Has the organization previously applied for a donation of public funds from the City of Wylie? Yes No v If"Yes" briefly describe the details and outcome of the request: What is the intended use of the requested dona ion of public funds? I • /'ttL 'is would s , . rrf ni i u 6 11.b &me_ !, 21MIBIRMINNWINOM. [ ee Lueen art' at- nine 1i'' -t1 k (i2). n o a i-ri . atP G ;) Ct ✓' Yv - CUSS a AO o rd IAA I CJ I rl • ir*, Ig' .+i)21 LJ) ) NM • ,For r•/'� nior,Ths, ddn13 of wet' {riov, s $' �/©• bJok5, F/a0,0J fr1ce'ri-tI'ves , bcxlki cks, pociers'V3oo. Request for Public Forms Applications Page 2 What benefit to the citizens of Wylie (educational, economic, health, etc.) will result from the requested donation of public funds? T�PS{uder8 ag es nine (4) k '-welve 0) to))) Ln'61' inyfe.v +-b'ettnect `f 2- praC -tcP of rr&dr and cri11- ce l /- rr,krrt ou131de . ScAnn/ P��++w rronm Pn f' 7LS pr rt.m wi /��..qJ i V S t'n13 & p/4Ce. " 50 a.('•(er SCJiool, :Q-Ff-Pk74-1 .S d n pOtbicipa7n in • Lrbc r� programs art; SI'lasto r7a1 inva/c{ea Iv) St'.�roal ?x c.urr1 lar ac- tj, hFs, Durgoo( is have cn CIS) p.S�ual�nfi3 ar-hcc• & . 7.& site will the fvran titeregri cs N1sJ ructrk.111 a Gt W S lb h. Explain how the organization will evaluate the results of the use of this donation of public funds: EVQ/UQ-fion dF S/'ti( pr,rrrry► will i nij©lcre Y'G(P 4I)nwr� r coot Siv 1 s f-r"ca I dcela ->4 r i rr�,✓►-1 n da nce • Survey v f� f r o al r l re-Oil-bon-Oil-bonr' 1.6 t)r Strc den f3 '�"h` rooghbL prn r-ern. `77�►P �t�a rS {� keep c<< 50 pern r+ /'f fe � The undersigned do hereby attest that the above information is true and correct to the best of our know dge. ..17"; Si ature < Signature Print Name Print Name (`' r�C� Title Title Date Date Ordinance#2005-52 Not for Profit Contribution Policy 8 FEB 2 4 2006 REQUEST FOR PUBLIC FUNDS FORM Submit to: Office of the City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Telephone: 972-442-8121 Fax: 972-442-4302 Deadline: May 1, apt Name of Organization: M e.a\_s c7rn LOkQeisitic_, o'� W �isz, I eXc-a- Address of Organization: V, 0 ., �o )C 369 La_.' ) {{ Y , `-?Scat Telephone of Organization: ct.-Icy- Wact -Oco( Name(s) of Contact Person: •ASc,cti Federal Tax ID:` 1 —2,ca.a6.q 33 Requested Donation Amount: List o Attachments: Copy of 501 (c) (3) Nonprofit Status Certification Letter. Certificate of Liability Insurance. Copy of Organization Bylaws and Mission Statement. tr Current List of Board of Directors, Officers, and Staff. - - Copy of the most recent Audited Financial Statement and/or Budget Ordinance#2005-52 Not for Profit Contribution Policy 6 Briefly despribe the pur ose, programs, and accomplishments of the organization: .Q,L1 in l�n Nun-wi - i Ga9 ) WV- is o vvw�e c to G r .C7 J_`)(.J Q _fb.0 CGk VVV9 a VI 014- p✓cD-t i+ Ov- ct to cw i o vt y. Y�_. 5`1-c., c.--�. .,e ctd r V v. V1A l S S t o 0 !S .47_, C.l Sv'(-2 -)%412J V oyy USIA f Inc L CI',vtA. Vu 1tuLLLo - C.co1A- -- •• ' • \1)f I`1 �P 1 c)V' ,CI-, '71� . VI +v�"'t�'-7��1 O _ W I t l `I .L1 1M'*c— Gt v.1.. O L2 c St 13, l s,P i v 1 cQ v c� i cat 1r c.)--4 w,a`F-a„v7 ?� 7,-,�J cp , to c� 'Q:r Vvvn tA ,k^. �� -ev V t c-e� t.A v c�v cot v►1 e S`i' i i- v P' ? 1M c VI C1. _cl t LC�ct €A V d ^e El/s 1M 0 v. � , A' �v-� ��C71N�� kn Q \rsZ_ ,�[� �<<'S k O�!/e.at v'1-pvtg) n i( i-� ),). 1.+1 Y •�.l_Q___ c e.V..i 0 V C,,l T t?_2i/V�7 (! How is the organization governed and managed? 1 I "4- & �SJ( v d c�T V) Cy 2.L4'o r S 2 in cL +► - tN\e O,t 141 szirc CV*" 1 a v 10_, What is the geo ca•hic seryice q ea of..; e or•anizatiorl? _r L .. �• ai . . . 41 •e ice' . . .. 1 �c a . 0 A A - • .12. .r . - If the organization serves outside the City of Wylie, please indicate the number or percentage of Wylie citizens served: 6 a/o Has the organization perviously applied for a donation of public funds from the City of Wylie'? Yes No c/f"Yes" brief) d scribe tie details and putcome of the request: -� c:c1-y d- w(am�,, t ,ri `� �- -ede vq x-- I �l c1 e1 1 1 ) Sao J� OOO -Q_'. - �av OL4-�d1 dUI.�G to TS ` IM e:A A •, c v5 , J What is the intended use of the requested donation of public funds? :.' ,. 1-0 -P to k olr r i-4-1 P.vim, (p c� �QU s cal v�c.1 - , V'v-cl' s?\r- V\A 4;--) fax- 4-0 --1-ki•--e_i.A(5 ,t ,v_._) _, L Ordinance #2005-52 Not for Profit Contribution Policy 7 • What benefit to the citizens of Wylie (educational, economic, health, etc.) will result from the requested donation of public funds? r • S -s car-eA 2c v t 4Q. C* e)v v �s �t �� C ,` ' t 7� _ k ti '-� (A)< t Ce_Ve�C I +tit U-Q Lis ' c7 A Q c'f-c v- trn pat,��1 � -� t�s 3��)�; cc tAA•ec t s v Lel.ecs, S c.nv"" of Explain how the organization will evaluate the results of the use of this donation of public funds: e t (A.0 S-Q v or. co_ 6 V\ u + � 0 V LCYD . C3..v\ 1 L j 't-- krS Cie i �j-Q.int c�V'- c_. + 2.0. E e V v The undersigned do hereby attest that the above information is true and correct to the best of our knowledge. ‘ 2'e•r j/KO/AiL60) Signature ignature Print Name Print Name C.Akot V\N_ct v\ (:)-V-41.r•e__ cOrd • Title Title -L0 - -0 Date Date Ordinance g2005-52 Not for Profit Contribution Policy 8 REQUEST FOR PUBLIC FUNDS FORM Submit to: Office of the City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Telephone: 972-442-8121 Fax: 972-442-4302 Deadline: May 1, 2006 Name of Organization: Plano Children's Medical Clinic Address of Organization: 1407 14th Street, Plano, Texas 75074 Telephone of Organization: 972-801-9689 Name(s) of Contact Person: Susan Shuler, Executive Director Federal Tax ID: 75-2391166 Requested Donation Amount: $8,000.00 List of Attachments: Copy of 501 © (3) Nonprofit Status Certification Letter Certificate of Liability Insurance Copy of Organization Bylaws and Mission Statement Current List of Board of Directors, Officers and Staff Copy of the most recent Audited Financial Statement and/or Budget Briefly describe the purpose, programs, and accomplishments of the organization: In Collin County, a mother is struggling to care for her sick children, a father is worrying how he can provide potentially life-saving treatments for his asthmatic child, and diligent parents are wondering how they will be able to afford to immunize their children before school starts — a law in the state of Texas. In this affluent community, often the needs of low-income families are not at the forefront. But the needs continues.... In 1991, Dr. Allan R. deVilleneuve and Carla Bateman, R.N. made a pledge to help bridge the gap for these children, and Piano Children's Medical Clinic was begun. Working in a little brown house owned by the First Baptist Church, the founders and their caring volunteer staff of doctors, nurses, Spanish language interpreters and clerical workers have only begun to scratch the surface providing immunizations and sick visits. Added this year, volunteers go out to various Collin County sites to provide free immunizations to children. Fulfilling the PCMC mission — to provide free or low cost medical care and immunizations to children of low-income Collin County families who have no medical insurance — has become increasingly difficult in an environment that is bursting at the seams. The evening clinic is open on Wednesday and Thursday evenings. In addition to the two nights a week, there is an immunization clinic the second Saturday of each month. Upon the request of a school district, immunizations are taken to the schools to ensure that all children are receiving the proper immunizations. The evening clinic is run by volunteers who give freely of their time and energy to see that the children are taken care of in a compassionate and timely manner. The daytime clinic is for children on Medicaid and CHIP. We also see children during the day who have no insurance and we need to follow up with medical care from the evening clinic or if the triage nurse determines they can not wait to be seen at the evening clinic. The clinic provides medical care to children at Hope's Door, CITY House, Project Heart and other agencies that need immediate assistance. We work very closely with the Collin County Foster Parents Association in providing medical care for foster children. The clinic provides more than medicine to the children of Collin County. During the day while the patients are waiting to see the doctor a group of ladies and . gentlemen provide coloring pages, books, puzzles and craft projects for the children. Over the last year that this project has taken off, the staff has noticed that the .chiidren's fears of coming to the doctor are relieved and parents are appreciative that someone cares about their children. Many churches and organizations help the clinic by donating clothing, diapers, formula, food and other necessary items to assist the families. Before school starts, backpacks and shoe cards are given to patients who come from the entire county. At Christmas the clinic has a Christmas Fiesta. This has become a family "carnival" type of event where the children come play games, see Santa, do craft projects and receive gifts. This year through generous donations we were able to have family door prize drawings. Gifts such as vacuums, dishes, towels and other household items were provided. Population Served: 85% Hispanic — 10% Anglo 5% Other (Evening Clinic) 50% Hispanic - 35% Anglo — 10 % African American — 5% Other (Daytime). During the daytime clinic we see children newborn to 18 years old. 60% of the children who come to the clinic are under 8 years old. 30% are between the ages of 9 and 14 years. 10% are 11 to 18 years of age. Plano Children's Medical Clinic has a board of directors who evaluates the director, oversees the financial needs and establishes policies for the clinic. The founder, Allan deVilleneuve, M.D. serves as our Medical Director and oversees the medical staff. Susan Shuler is the Executive Director and responsible for the operations of the clinic. The clinic has been chosen Humanitarian of the Year twice. Without Plano Children's Medical Clinic there are many families who would have no where to turn when their children become ill or when it is time for school immunizations. Children whose families cannot afford to pay for medical care no longer have to wait for an illness to "run its course". Care is available weekly resulting in a more rapid return to health and school, as well as a lower risk of complications. Why is Plano Children's Medical Clinic here? Look no further than the line of families for the evening clinic or the fifty to sixty patients seen five days a week. Ask any volunteer or staff member why they are here, it's for the children. How is the organization governed and managed? The success of our program depends on private donations and grant funding. Each year the programs are evaluated by the director, office manager and medical director to determine the progress of the clinic. The board of directors then decide the direction that the clinic will be taking. Patient sign in and information sheets are counted at the end of each quarter to determine the amount of patients being seen. A business plan has been developed for the clinic as well as the medical mobile unit. The clinic has a history of service to the children for 15 years and that service wilt continue as long as funding is available. The daytime clinic has 10 full time and 6 part time employees. The employees include a Pediatrician, 2 Nurse Practitioners, 4 Medical Assistants, 2 Bilingual Front Desk Clerks, Scanner, Referral Clerk, Office Manager, 2 Billing Clerks, Immunization Clerk and Executive Director. The evening clinic has a volunteer base of 19 doctors, 7 nurses and 25 clerk/bilingual volunteers. We have an off duty police officer for crowd control who is paid. What is the geographic service area of the organization? Plano Children's Medical Clinic provides medical care for children ages 0- 18 years old who live in Collin County and have no insurance or who are on Medicaid or CHIP (Children's Health Insurance Program). If the organization serves outside the City of Wylie, please indicate the number or percentage of Wylie citizens served: As stated above, Plano Children's Medical Clinic is for all children in Collin County who meet the criteria outlined. The clinic comes to Wylie every other month to Harrison Intermediate School for an Immunization Clinic. The school nurses provide the manpower and the clinic provides the immunizations and supplies. This school year we have seen 574 children at the immunization clinics. Next school year we will be coming to Wylie twice before school starts, once in October and once in March. We have had this program in place for the past 5 years. The evening clinic is opened on Wednesdays April — October and Wednesday and Thursdays November — March. This is an all volunteer clinic who sees the children who have no insurance for $5.00. The evening clinic averages about 4 to 5 patients each evening from Wylie. The average patient load for an evening is 20-25 patients. The daytime clinic has a paid staff that is reimbursed by Medicaid. This clinic sees patients who are on Medicaid, CHIP and occasionally a cash pay of $50.00 for those who have no insurance and don't want to wait until the evening clinic. The average patient load for the daytime is 25 to 30 patients per provider, which the clinic has 2 providers per day. The average number of patients coming from Wylie is 10 to 12 per day. Has the organization previously applied .for a donation of public funds from the City of Wylie? Yes No X If "Yes" briefly describe the details and outcome of the request: What is the intended use of the requested donation of public funds? The funds will be used to purchase medication, for medical supplies and to help obtain a State Social Services employee to enroll and reinstate children on Medicaid. $6,000.00 would be used for medication and $2,000.00 would be used toward the salary of the State Social Services employee. What benefit to the citizens of Wylie (educational, economic, health, etc.) will result from the requested donation of public funds? Children come to this clinic with different medical needs. Some of the children have your typical childhood illnesses such as earaches, strep throat and other fairly common illnesses. We also have many asthmatics. The average cost for medicine for a child who has a typical illness is a one time fee of about $20.00. The average cost for an asthmatic child is $200.00 per month. During the daytime clinic we average about 10-15 children a week who are asthmatic. Our most recent records indicates that we have 16 children from Wylie who are asthmatic that are treated in this office with no insurance. Most of the patients who come during the day are on Medicaid or CHIP and their medication is taken care . of through prescription but there are those who have fallen off of Medicaid and can not wait to be seen at the evening clinic. The evening clinic averages about 10-15 children a week with asthma during the critical (seasonal) time of year. These children do not have insurance and do not have the resources to pay for the necessary medicine. The clinic provides the necessary medication for this child to get well and maintain their health. We work closely with the parents of these children to educate them on asthma and how serious an illness their child has in addition to "triggers" to keep their child from having an attack. At this time the clinic staff also works to find ways for the children to qualify for other programs or prescription assistance programs. • The clinic also has a number of children who are falling off of Medicaid or CHIP due to parents not understanding the paperwork or the process. The State of Texas has a program that would allow an agency to pay half of a social services salary and the state will pay the other half. We could have someone on staff that would be able to sign up parents or resign up patients immediately who qualify for Medicaid or CHIP. Proper documentation will result in less time for a child to be without medical care. Our request is to provide funds in order for us to have the medication necessary for children with asthma from Wylie as well as the children with the normal illnesses. Annually we allocate $40,000.00 for medication. This year to date we have spent almost $20,000 and we are only through the first quarter and a month. In order to obtain a state employee the cost to the clinic would be approximately $32,000. This amount also includes any benefits such as insurance, holidays, vacations and other benefit by the state. If we are able to provide the necessary medication to the asthmatic child this will help reduce the visits to the Emergency Room, a visit that the parents can not afford. We also will be able to better educate the family on treatment and care for the asthmatic child. Being able to have a State Social Services employee on site will enable our patients to continue or obtain Medicaid or CHIP coverage. They will also be able to obtain other services such as food stamps. Other agencies such as the Collin County Advocacy Center could also benefit by our office being able to provide the opportunity to obtain Medicaid or CHIP for children who have been removed from the home by CPS and placed in foster care. Explain how the organization will evaluate the results of the use of this donation of public funds: Plano Children's Medical Clinic will continue to monitor the children who have asthma. We maintain our records as well as work closely with the parents to ensure the proper care for the patient. Our daytime medical staff and our night clinic charge nurse evaluate, educate and recommend the necessary treatment. Our ultimate goal would be to reduce the amount of visits to the clinic for emergency treatment of asthma and have them in a preventative program. The clinic is seeing a trend of children falling off of Medicaid at the age of 4 year. Parents have a misunderstanding that when the child turns 1 the coverage is over and they don't think they can have Medicaid again. With someone on staff to evaluate the needs and assist the parents in keeping medical coverage for their child as well as qualifying for other programs we can ensure that there is not a break in medical coverage. The undersigned do hereby attest that the above information is true and correct to best of our knowledge. Signature Signature Susan Shuler Print Name Print Name Executive Director Title Title May 1, 2006 Date Date REGEIVhLJ APR 282006 • I OFFICE OF THE CITY MANAGER REQUEST FOR PUBLIC FUNDS FORM Submit to: Office of the City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Telephone: 972-442-8121 Fax: 972-442-4302 Deadline: May 1, 2006 Name of Organization: .)1/ �DQ �i`e'►'tJ �v76- xl,�-�i` ( Address of Organization: -P.O, (l`l }I/J PI5OU Telephone of Organization: gra- ` q -30,13 Name(s) of Contact Person: ‘61.1Avyt.4) 4.4.-(71-6Y3 Federal Tax ID: /4— ( $5 07 ?(, rf II3L3g3 Requested Donation Amount:` (6 D 66 List of Attachments: ✓ Copy of 501 (c) (3) Nonprofit Status Certification Letter. ;/ Certificate of Liability Insurance. ✓ Copy of Organization Bylaws and Mission Statement. ✓ Current List of Board of Directors, Officers, and Staff. V Copy of the most recent Audited Financial Statement and/or Budget Request for Public Forms Applications Page 1 Brie y describe the purpose, programs, and accomplishments of the organization: a'y 4 i�det-le, c l 1 one :�- ui�c�l�►.f ito,paiA.15 f, it--k k) ia.f/k� cad,Ait:Q�� J t41 11/ -l> ,6c JU lJ.A4 c/� co 4n.vivii-a �� — d) i t �1' 2..(3 (cf.) d l qD, a • a-rk . How is the organization governed and managed? ae/A 16A Qilxl 41,41,, What is the geographic service area of the org nization? az<ten) �c .P. dd hLci If the organization serves outside the City of Wylie, please indicate the number or perc ntage of Wylie citizens served: ) ca i Jfr -m42/44 Has the organization previously applied for a donation of public funds from the City of Wylie? Yes No e/ If"Yes" briefly describe the details and outcome of the request: What is the intended use of the requested donation of public funds? Ltu et) to Cc ura.c chi Citc.. u axic L2 d c.c,c°1tf;eat a.Q, ,144.K.cri /).4-k—d) ./A,L) •(fo_i_,Leir 4 t Request for Public Forms Applications Page 2 What benefit to the citizens of Wylie (educational, economic, health, etc.) will result from the requested donation of public funds? Aeib 6e} AaAt&f.14 fre-d-elte-pyt) -to-Ii../cA6;j2 Explain how the organization will evaluate the results of the use of this donation of public funds: Chia} 40):c i) &gib 11.JL � � line thafkr4 i J , ,c(ftry., ) 1� oYrJ }t. )[J Lr1YLQJ :- �) .l1.Gtj The undersigned do hereby attest that the above information is true and correct to the best of our knowledg �I gnature Signatur La (A)SOn ‘(-->r<--T-7k ` ,..1-Lwkeitt6 Print Name Print Na t e ' Hai 1,,1 Title Title —A?- 0& Date Date Request for Public Forms Applications Page 3 ite Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 26, 2006 Item Number: 3 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: 9/20/06 Budgeted Amount: $N/A Exhibits: Agreement Subject Consider, and act upon, approval of an Interlocal Agreement between Collin County and the City of Wylie concerning the construction of the Hooper Road Bridge. Recommendation Motion to approve the Interlocal Agreement between Collin County and the City of Wylie concerning the construction of the Hooper Road Bridge. Discussion The 2003 Collin County Bond Program included $1,138,500 for the construction of the Hooper Road Bridge over Maxwell Creek which will provide another north/south connection between FM 544 and SH 78. Collin County will fund 50% ($569,250)of the project and the Cities of Wylie and Sachse will fund 25% each ($284,625). This project was included in the Thoroughfare Capital Improvements Plan and impact fee funds may be used for this project. The engineering services will be paid for by Collin County and be administered by the City of Wylie as outlined in the attached agreement. Funds will be released by the County to cover the cost of the engineering after the City executes an agreement for the design of the bridge. The construction of the bridge will be incorporated into the development of the Woodbridge property in the vicinity of the project. Approved By Initial Date Department Director CH 09/20/06 City Manager ,)lr) q/PiL'6 Page 1 of 1 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF THE HOOPER ROAD BRIDGE WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the design of the Hooper Road Bridge across Maxwell Creek in Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local governments to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and the County have determined that the improvements may be constructed most economically by implementing this agreement. NOW, THEREFORE, this agreement is made and entered into by the County and City upon and for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged: WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to the Hooper Road Bridge, hereinafter called the "Project." The Project shall consist of the design and construction of a 4-lane bridge, over Maxwell Creek. All improvements shall meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City and the County. ARTICLE II. The scope of the Project is as indicated below: Construction The City shall acquire all necessary right-of-way for the Project. The City shall advertise for and accept bids for the construction of the Project, award a contract to construct the improvements, and administer the construction contract and perform inspection services. In general these improvements shall consist of the construction of a 4-lane bridge. Page 1 Item#4-Attachment-Collin County ILA-Maxwell Creek Bridge ARTICLE III. The County estimates that the total actual cost of the Project, including construction, testing, right-of-way acquisition, and administration/inspection to be approximately $1,138,500. The County agrees to fund 50% of the total (up to a maximum of$569,250) for the construction portion of the Project. The City agrees to fund the remainder of the construction. ARTICLE IV. The City shall advertise and construct the project consistent with statutory requirements. ARTICLE V. The County agrees to fund half of the estimated construction cost of the Project, for a total disbursement of$569,250. The County shall remit $217,500 within thirty (30) days after the City executes a Professional Services Agreement for design of the Hooper Rd. Bridge. The County shall remit the remaining funds ($351,750) within thirty (30) days after the City issues a Notice to Proceed for construction and the City requests payment. ARTICLE VI. Wylie and the County agree that the parties paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VII. The City and County agree that right-of-way costs will be shared evenly by both parties (i.e. 50-50 split), with the City of Wylie bearing the initial expense and being reimbursed by the County at the time of construction(as indicated in Article V, above). The estimated construction cost for both phases includes an allowance for anticipated right-of-way acquisition (i.e. land cost, costs or fees arising out of condemnation, appraisal and other relevant professional services). ARTICLE VIII. Indemnification. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgments, and costs, including reasonable attorney's fees and expenses, in any way arising out of, related to, or resulting from its performance under this agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this agreement. This agreement and the indemnity provided herein is not intended to and shall not create any cause of action for the benefit of third parties or any person not a party to this agreement. ARTICLE IX. Venue. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this agreement. The parties agree that this agreement is performable in Collin County, Texas, and that exclusive venue shall lie in the state courts of competent jurisdiction of Collin County, Texas. Page 2 Item #4-Attachment-Collin County ILA-Maxwell Creek Bridge ARTICLE X. Severability. The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. Entire Agreement. This agreement embodies the entire agreement between the parties and may only be modified in a writing executed by all parties. This agreement supersedes all prior negotiations, representations and/or agreements, either written or oral. ARTICLE XII. Successors and Assigns. This agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. No party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XIV. Immunity. It is expressly understood and agreed that, in the execution of this agreement, no party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this agreement shall not create any rights in parties not signatories hereto. ARTICLE XV. Term. This agreement shall be effective upon execution by all parties and shall continue in effect annually until final acceptance of the Project. This agreement shall automatically renew annually during this period. APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS By: By: Name: Name: Ron Harris Title: Title: County Judge Date: Date: Executed on this day of , 2006, by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE,TEXAS By: By: Name: Carole Ehrlich Name: John Mondy Title: City Secretary Title: Mayor Page 3 Item#4-Attachment-Collin County ILA-Maxwell Creek Bridge Date: Date: Executed on behalf of the City of Wylie pursuant to the City Council Resolution No._ APPROVED AS TO FORM: By: Name: Richard Abernathy Title: City Attorney Date: Page 4 Item#4-Attachment-Collin County ILA- Maxwell Creek Bridge g r I s o ' 1 ',., a I El' N 1 SCA_t: 1"=230' "i j € ..„ vist' ,, , { u3.7 is h ` i ,t w� to I r y-a 1 A,,\ i a o Q a@ CI EL 0 T i s \ A, SF+EET 31 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 26, 2006 Item Number: 4 (City Secretary's Use Only) Department: City Secretary Prepared By: Carole Ehrlich Account Code: N/A Date Prepared: September 15, 2006 Budgeted Amount: N/A Letter of Exhibits: Resignation/Ordinance 84-11 Subject Consider, and act upon, acceptance of the resignation of Eric Brown and the appointment of a new member to the Construction Code Board for the unexpired term of July 2005 to July 2007. Recommendation A motion to accept the resignation of Eric Brown and appoint to the Construction Code Board to fill the unexpired term of July 2005 to July 2007. Discussion Article VIII, Section 2E of the City Charter authorizes the City Council to appoint members to all boards and commissions. Ordinance 84-11, establishing the Construction Code Board, stipulates that the Construction Code Board shall consist of seven (7) citizens who shall be qualified voters who shall serve for a term of two (2)years. Qualifications needed to serve on this board are as follows: a. One designated member who shall be taxpaying resident elector of the City. b. Two designated members shall be taxpaying resident building contractors c. Two designated members shall be taxpaying resident Plumbers d. Two designated members shall be taxpaying resident electricians(Master or Journeyman) e. One designated staff member to act as secretary of the board f. Staff representative will be the City Building Official g. In the event that volunteer members in the (b) and (c) or (d) categories are not available, one of the two designed tradesmen may be replaced with a member in the(a)category Eric Brown was appointed to the Construction Code Board in 2005. Mr. Brown, who has served very faithfully on the Board, has recently submitted his resignation from his appointment to the Construction Code Board effective immediately. (See attached letter) Approved By Initial Date Department Director CE 9/15/06 City Manager : ) 1 (/- Page 1 of 1 September 13, 2006 City Secretary City of Wylie 2000 State Highway 78 North Wylie, TX 75098 972.442.8100 SUBJECT: RESIGNATION FROM CONSTRUCTION CODE BOARD This letter is my official notification to the City of Wylie that I am resigning from the Construction Code Board effective immediately Regards, Eric D Brown 3110 Jacob Dr Wylie,TX 75098 ORDINANCE NO. 84-11 AN ORDINANCE CREATING THE CONSTRUCTION CODE BOARD: SETTING FORTH THE POWERS AND DUTIES OF THE BOARD: PROVIDING FOR PUBLICATION: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, SECTION 1 : This ordinance shall be known as "Construction Code Board Ordinance". SECTION 1-1 : CONSTRUCTION CODE BOARD CREATED: There is hereby created the Construction Code Board (hereafter called Board) consisting of seven (7) persons who shall be appointed by the City Council . Said Board shall replace but retain the authorities granted the Board of Adjustments and appeals in the 1982 Uniform Building Code as adopted. Save and except Section 111 of said Building Code. SECTION 1-2: QUALIFICATIONS: Persons who serve on the Board as members shall be qualified as follows: (a. ) One designated member who shall be taxpaying resident elector of the City. (b. ) Two designated members shall be taxpaying resident building contractors, (c. ) Two designated members shall be taxpaying resident Plumbers (d. ) Two designated members shall be taxpaying resident electricians (one Masters & one Journeyman) . (e. ) One designated staff member to act as secretary of the board. (f. ) Staff representative will be the City Building Official (g. ) In the event that volunteer members in the (b) , (c) , or (d) categories are not available one of the two designated tradesmen may be replaced with a member in the (a) category. SECTION 1-3: TENURE OF OFFICE: Three (3) members of the Board shall be appointed for the balance of the calendar year. Four (4) members of the Board shall be appointed for the balance of the calendar year following the date of adoption of this ordinance plus one full year. After the expiration Ordinance No. 84-11 Cont. SECTION 1-4: REGULAR AND CALLED MEETINGS: The Board shall hold such regular, special or called meetings as are necessary for its proper performance of duty. SECTION 1-5: POWERS AND DUTIES: The Board shall at its first meeting in each calendar year select a Chairman and a Vice-Chairman and prescribe a procedure and order of business for hearing applications for licenses and for hearing matters brought to it by the Building Official for recommendation to the City Council or on appeal and aggrievement appeals as provided herein, and for general business sessions. (a) It shall be the duty of said Board to pass upon the quali- fications of all applicants for licenses. Any person who shall make application for an Electrical License may obtain proper forms from the Building Division. Upon receipt by the Building Official or his authorized representative of an application accompained by proper fee, an examination shall be scheduled for some date within seven (7) days from the date of the application. (b) For examination, the Board shall prepare at least three (3) sets of examinations for each class of license of electricians required to be examined under this ordinance. The sets of examinations may be changed by the Board at any time when no applications for examinations are pending. When an application for examination has been filed, a set of examination questions for the proper class of license shall be selected at random from the several sets of examination questions and submitted to the applicant for the examination. SECTION 1-6: QUORUM: Four (4) members of the Board present at any meeting shall constitute a quorum for the transaction of business and the concurring vote of not less than four (4) members of the Board shall be necessary to constitute an official action of the Board. SECTION 1-7: RECORDS: The Board shall keep a Minute Book in which shall be recorded all transactions and business of the Board. The Board shall keep a record of the name and place of business of all persons to whom licenses have been issued; provided that said Board shall not be responsible for the record of any person whose license has not been re- newed or has lapsed for a period in excess of 24 months. SECTION 2: PUBLICATION: Publication shall be made one time in the Ordinance No. 84-11 Con't hereby, expressly repealed. SECTION 4: If any section, sub-section, paragraph, sentence, phrase, or clause of this ordinance shall be declared invalid for any reason what- soever, such decision shall not affect the remaining portions of this ordinance which shall remain in full force and effect; and to this end the provisions of this ordinance are hereby declared severable. IT IS ACCORDINGLY SO ORDAINED, this the 13th day of March , 1984. CITY OF WYLI % r . obef-t B quires, Mayor ATTEST: /9 Carol n one City Secretary Gayle Walton From: Jimmy Lee Hanks [jlhanks2O05@verizon.net] Sent: Monday, May 01, 2006 11:31 AM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Jimmy Lee Hanks DATE OF APPLICATION - May 1, 2005 FIRST_CHOICE - Wyle Economic Develoment Corp. Board SECOND_CHOICE - Planning and Zoning Commission THIRD_CHOICE - Construction Code Board SUBCOMMITTEE - Yes HOME ADDRESS - 902 Carlton Road HOME PHONE - 972-429-5877 HOME_FAX - HOME_EMAIL - jlhanks2005@verizon.net RESIDENT_YEARS - 2 CONTACT METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - Yes BUSINESS_NAME - Advocare OCCUPATION - Self employeed/student BUSINESS_ADDRESS 902 Carlton Road BUSINESS PHONE - 972-571-7714 BUSINESS_FAX - BUSINESS_EMAIL - jlhanks2005 @verizon.net WHY_INTERESTED - I want to see Wylie grow in a postive way. I want to see our tax dollars spent on the right things and I want to help make the WEDC what is was meant to be. Submit - Submit End of form information 1 Gayle Walton From: Jonathan P Brown [wyliebucdad@verizon.net] Sent: Monday, May 15, 2006 6:30 PM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Jonathan P Brown DATE_OF_APPLICATION - 5/15/06 FIRST - Construction Code Board SECOND_CHOICE - Parks and Recreation Board THIRD_CHOICE - Planning and Zoning Commission SUBCOMMITTEE - No HOME_ADDRESS - 917 Silver Sage, Wylie Tx 75098 HOME PHONE - 972-429-6241 HOME_FAX - HOME EMAIL - wyliebucdad@verizon.net RESIDENT_YEARS - 8 CONTACT_ B METHOD - Home Phone REGISTERED_VOTER - No BUSINESS_OWNER - Yes BUSINESS_NAME - OCCUPATION - BUSINESS_ADDRESS - BUSINESS_PHONE - USINESS_FAX - BUSINESS_EMAIL - WHY_INTERESTED - I care about our city & it 's needs as we grow. I have been liscensed as a Journeyman Electrican since 1998 . I have worked as a Project Supt for major electrical firms in Dallas for 6 years & understand the importance of building codes, inspections, and quality control. As fast as Wylie is growing we need to keep up with the surge of construction to ensure properly built residences & commercial property will serve Wylie & it's residents far into the future. Submit - Submit End of form information 1 Gayle Walton From: Chad Tittle [ctittle@verizon.net] Sent: Wednesday, July 27, 2005 10:55 AM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME - Chad Tittle DATE OF APPLICATION - 7-27-05 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE - Wyle Economic Develoment Corp. Board THIRD CHOICE - Construction Code Board SUBCOMMITTEE - Yes HOME ADDRESS - 2935 Glendale HOME_PHONE - 972-978-4943 HOME_FAX - HOME EMAIL - ctittle@verizon.net RESIDENT YEARS - 16 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS_NAME - OCCUPATION - BUSINESS ADDRESS - BUSINESS PHONE - BUSINESS FAX - BUSINESS EMAIL - WHY INTERESTED - Submit - Submit End of form information 1 Gayle Walton From: Ronald Hauck[daronone@verizon.net] Sent: Saturday, May 21, 2005 11:36 AM To: City of Wylie Subject: Board Volunteer Form Information Follows: NAME -Ronald Hauck DATE_OF_APPLICATION - 05/21/2005 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE - Construction Code Board THIRD_CHOICE-Wyle Economic Develoment Corp. Board SUBCOMMITTEE - Yes HOME ADDRESS - 1205 Summerdale Lane HOME PHONE-214-235-7682 HOME FAX- 972-461-2514 HOME EMAIL - daronone@verizon.net RESIDENT YEARS - 1 CONTACT METHOD - Home Phone REGISTERED_VOTER- Yes BUSINESS_OWNER-No BUSINESS NAME - OCCUPATION - Project Manager BUSINESS_ADDRESS - 350 N St Paul BUSINESS_PHONE -972--8494160 BUSINESS_FAX- BUSINESS_EMAIL -rhauck@greyhound.com WHY_INTERESTED -I believe I have the experience and knowledge to help keep Wylie a great community. Since moving here I have developed an interest in the future of this growing city. Submit- Submit End of form information i