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10-10-2006 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, October 10, 2006 — 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 2000 Highway 78 North John Mondy Mayor Carter Porter Mayor ProTem 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.well etexas.go v. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. 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. October 10,2006 Wylie City Council Regular Meeting Agenda Page 2 of 3 A. Approval of the Minutes from the September 26, 2006 Regular Council Meeting. (C. Ehrlich, City Secretary) REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-60 amending the zoning from Neighborhood Services (NS) to Light Industrial (LI) District, generally located on the northeast corner of Brown Street and Eubanks. ZC 2006-12. (R. 011ie, Planning Director) Executive Summary The subject property is located on the northeast corner of Brown Street and Eubanks. The applicant is requesting to rezone 3.7 acres from Neighborhood Services (NS) District to Light Industrial (LI) District. The property has been platted since 1986 as Wyndham Estates Phase 3, Lot 34 and was originally zoned Industrial District. However,with the city-wide rezoning in 2001,the property was rezoned to NS. Tabled Items Tabled Item from September 26, 2006 2. (MOTION TO REMOVE FROM TABLE): 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. (C. Ehrlich, City Secretary) Executive Summary This item was tabled at the September 26, 2006 Council meeting to allow staff time to contact applicants to determine if they are willing to serve this unexpired term on the Construction Code Board. The City Secretary contacted the applicants from 2006 who had indicated a desire to serve on the Construction Code Board. Christine Eustice and Chad Tittle have indicated that they are willing to serve the unexpired term ending June 30,2007. General Business 3. Consider, and act upon, approval of Resolution No. 2006-26(R) supporting an alignment for Parker Rd. (FM 2514) at the intersection of FM 1378. (C. Holsted, City Engineer) Executive Summary On September 14, 2006,a public meeting was held to discuss alignment alternatives for FM 2514 at the intersection with FM 1378. The Collin county engineering consultant — Birkhoff, Hendricks, and Conway — presented five alignment alternatives as shown on the attached display. The City of Wylie Thoroughfare Plan currently reflects alignment option 2. 4. Consider, and act upon, awarding the City's Bank Depository Contract for FY 2006-2010. (L. Williamson, Finance Director) Executive Summary The finance department solicited bids for the City's depository services through an RFP process. The solicitation included basis banking services, merchant banking services, lockbox services, and on-line banking services. The contract is for four years. Four banks responded: American National Bank, Inwood National Bank, Capital One Bank,and JP Morgan/Chase Bank. October 10,2006 Wylie City Council Regular Meeting Agenda Page 3 of 3 5. Consider, and act upon, Ordinance No. 2006-61 amending Ordinance No 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Subsection 9.01 (Residential Fees; Deposits). (L. Williamson, Finance Director) Executive Summary On February 14,2006,the City Council amended the solid waste and recycling contract with Allied Waste Systems, Inc. A major effect of the amended contract was to increase the fees charged to the City for residential trash pickup from$8.60 to $9.85 per month, effective March 1, 2006. This represented an increase of 14.5 % or$1.25 a month. The City has maintained its trash rate to city residents of $9.86 per month, effectively absorbing the new rate increase during FY 2005-2006. With the new increase in cost,the City is currently purchasing the service for$9.85 a month and selling the service for$9.86. 6. Consider, and act upon, approval of a Retainer Agreement between the City of Wylie and Abernathy, Roeder, Boyd & Joplin, P.C. and authorizing the Mayor to execute any and all documents related thereto. (M. Manson, City Manager) Executive Summary Abernathy,Roeder,Boyd&Joplin have represented the City of Wylie since 1994. For the majority of that time, the Retainer Agreement between the City and the firm has been on a per- hour basis. In April 2005 an Agreement was approved which established an annual retainer of$102,000 and Litigation Services at a rate of$200.00 per hour for Partners, $185.00 per hour for Associates, and $75.00 per hour for Legal Assistants. The attached Retainer Agreement proposed by the firm reverts the City to the type of agreement utilized between the City and the firm from 1994—2005. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 6th day of October, 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 W. • Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, September 26, 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 Red Byboth, Councilman Eric Hogue, Councilman Merrill Young, Councilman Rick White and Councilman Earl Newsom. Staff present were: City Manager, Mindy Manson; Assistant City Manager/Police Chief, Jeff Butters; Finance Director, Larry Williamson; City Engineer, Chris Hoisted; Planning Director Renae' 011ie; Public Library Director, Rachel Orozco; WEDC Director, Sam Satterwhite; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Reverend Mike Frick representing the Faith Lutheran Church of Wylie gave the Invocation and Councilman Eric Hogue led the 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) Library Director Rachael Orozco and Friends of the Library Vice President Trish Smith distributed library cards to Council members, assisted by Wylie ISD students: Moriah Walton, Dana Walters, Jennifer Hodge, and Melanie Spaink • Presentation to 1st Six Weeks Star Students - Character Trait of"Responsibility". Mayor Mondy and Mayor Pro Tern Porter gave certificates to Wylie student demonstrating the character trait of"Responsibility". Minutes—September 26, 2006 Wylie City Council Page 1 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present to address Council during citizen's 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. 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) C. 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) Council Action A motion was made by Councilman Hogue, seconded by Councilman Young to approve the Consent Agenda as presented. A vote was taken and passed 7-0. 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) Staff Comments City Manager Manson addressed Council stating that 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 me to function in this Minutes—September 26, 2006 Wylie City Council Page 2 capacity, in the event of my absence or disability. She explained that the letter of designation had been delivered to the City Secretary. Council Action A motion was made by Councilman Newsom, seconded by Councilman Byboth to approve Resolution No. 2006-25(R) ratifying Jeff Butters as Acting City Manager in the absence of Mindy Manson, City Manager. A vote was taken and passed 7-0. 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) Staff Comments City Manager Manson addressed Council stating that on August 1, 2006 the Council heard presentations from the several not-for-profit 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. Ms. Manson named the organizations and the amount of funding each had requested during the August 1, 2006 Council meeting. Blackland Prairie Playground Foundation requested $2,500 for a drinking fountain; Equest requested $25,000 for fencing; Friends of the Library requested $1,740 for the book and movie program for 9-12 year old children; Meals on Wheels did not specify an amount to be funded; Plano Children's Medical Clinic requested $8,000 for Medical supplies ($6,000) and salaries for social services staffing ($2,000.)and WISD Education Foundation requested $10,000 for special grants allocations. Council Discussion Mayor Mondy asked City Manager Manson why the Parks Department did not budget for the drinking fountain at the Blackland Prairie Playground. Ms. Manson replied that she did not know. Mayor Mondy then asked if Equest had responded to the request for additional financial information. Ms. Manson replied that she was not aware of any additional documents received from Equest. Mayor Mondy asked if the City contributed to Friends of the Library. Ms. Manson replied that the City did not. Library Director Orozco explained the main fund raiser for Friends for the Library was the ongoing book sales along with a couple of other fund raisers. Mayor Mondy asked if Meals on Wheels was contributed to by the City. Councilman Newsom stated that the City, in the past had contributed to Meals on Wheels. He noted that the organization also assisted persons outside the City. Mayor Mondy stated that 20% of all children in the City were on some type of assistance program and would probable qualify for assistance by the Plano Children's Medical Clinic. Mayor Mondy stated that he was not in favor of contributing to the Wylie Education Foundation unless the funds were allocated to special education programs. Councilman Newsom stated that it was not the function of city government to take money from taxpayers, at the threat of seizing properties, and then distribute it to charitable organizations. Councilman Byboth stated that he did not think it was the City's position to give tax dollars to charitable organizations especially when we have just increased the tax rate. He explained that he worked with most of the mentioned not-for-profits, raising money for them, and felt the private sector could raise the funds. He stated that he had been called by several taxpayers and they were not in favor of these allocations noting that this was something they should have the right to vote on. Councilman Hogue stated that Blackland Prairie was a cause he could support. He felt the drinking fountain was needed at the playground. He stated that he had concerns regarding the future of financial issues within the city caused by the drought and other issues. "Do we need to be giving money away, when we may need it for our own infrastructure?" Mayor Mondy stated that he did not believe the council should go back from commitments made previously. Councilman Byboth stated that a commitment was made to prior organizations which the City should honor but allocating additional money he would be against. Councilman Young stated that Council's analogies were correct and having come from the business of giving, it is hard to say"let's not do it". He Minutes—September 26, 2006 Wylie City Council Page 3 stated that he was in favor of the drinking fountain requested by Blackland Prairie Foundation and was also in favor of allocations to the Meals on Wheels and the Plano Children's Medical Clinic. Councilman White stated that he did not believe it was the City's place to allocate money to these not-for-profit organizations but noted that he has personally given to several of them. Mayor Pro Tern Porter stated that he was in favor of allocating to the Meals of Wheels and Plano Children's Medical Clinic because it would directly affect both young and old citizens of Wylie for medical care and food. Mayor Mondy asked Council to look at other contributions the City makes, in kind, to organizations and asked Council to think about where they wished to draw the line. There are many functions such as the Christmas parade which employee hours are contributed, in order to manage the parade. He stated that all these organizations were in need of money to operate and depending on where each council members emphasis was, each would more than likely choose different organizations. He asked, "Do we want to discontinue writing checks for organizations, or all contributions made to not-for-profit organizations"? He stated that the Council needed to adopt a policy they could tell staff and the public. He then asked City Manager Manson to schedule a work session, for discussion and direction to staff regarding not-for-profit organization contributions. Ms. Manson stated that she could quantify for Council funds used in the past for in kind contributions and bring back to Council. Council Action A motion was made by Mayor Pro Tern Porter, seconded by Councilman Hogue to allocate for FY 2006-2007: $3,000. to Meals on Wheels and $6,000. to Plano Children's Medical Clinic, and to exclude the usage of the funds for salaries. A vote was taken and passed 4-3 with Mayor Mondy, Mayor Pro Tern Porter, Councilman Hogue and Councilman Young voting for and Councilman White, Councilman Byboth and Councilman Newsom voting against. 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 City Engineer Hoisted addressed Council stating that 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. Council Action A motion was made by Councilman Hogue, seconded by Councilman White to approve an Interlocal Agreement between Collin County and the City of Wylie concerning the construction of the Hooper Road Bridge. A vote was taken and passed 7-0. 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) Staff Comments City Secretary Ehrlich addressed Council stating that 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 Minutes—September 26, 2006 Wylie City Council Page 4 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. She noted that there were additional qualifications recommended for the Construction Code Board. She explained that there were four applications submitted to the City Secretary's Office in May that noted a desire to serve on the Construction Code Board. Mayor Mondy asked if the applicants had been contacted since May to determine if they still wished to serve in this capacity. City Secretary Ehrlich stated she did not believe they had been contacted since the initial interviews conducted in May. Mayor Mondy asked if the item could be tabled to allow time to determine whether all applicants still wished to serve on the Construction Code Board. Council Action A motion was made by Mayor Pro Tern Porter„ seconded by Councilman Hogue to table acceptance of the resignation of Eric Brown and the appointment of a new member to the Construction Code Board to the October 10, 2006 Council Meeting. A vote was taken and passed 7-0. Mayor Mondv convened into Executive Session at 7:09 p.m. citing the two exceptions listed below. 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 §§ 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. Mayor Mondy reconvened into open session at 8:25 p.m. §§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 No action was taken regarding the purchase, exchange, lease or value of real property generally located at: • Hensley Lane between Hooper Road and Sanden Road. Minutes—September 26, 2006 Wylie City Council Page 5 §§ 551.074 Personnel Matters; Closed Meeting To deliberate the Duties and Employment of the City Manager 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. Council Action A motion was made by Councilman Young, seconded by Councilman Hogue to approve and authorize the Mayor to execute an Employment contract between the City of Wylie and City Manager Mindy Manson with the following changes: Effective date will be October 1, 2006, Renewal date will be at the 2nd Council Meeting in January 2007, and Ms. Manson must relocate to the City of Wylie by July 31, 2007. A vote was taken and passed 7-0. ADJOURNMENT With no further business before Council, Councilman Hogue made a motion to adjourn at 8:28 p.m., with Councilman Newsom seconding the motion. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes-September 26, 2006 Wylie City Council Page 6 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 10, 2006 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: N/A Date Prepared: October 2, 2006 Budgeted Amount: N/A Exhibits: 6 Subject Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-60 amending the zoning from Neighborhood Services (NS) to Light Industrial (LI) District, generally located on the northeast corner of Brown Street and Eubanks. ZC 2006-12 Recommendation Motion to consider a recommendation of approval to the City Council regarding a change in zoning from Neighborhood Services (NS) to Light Industrial (LI) District, generally located on the northeast corner of Brown Street and Eubanks. Discussion Owner: Cinnamon Teal,LLC Applicant: Verizon/Staubach Company The subject property is located on the northeast corner of Brown Street and Eubanks. The applicant is requesting to rezone 3.7 acres from Neighborhood Services (NS) District to Light Industrial (LI) District. The property has been platted since 1986 as Wyndham Estates Phase 3, Lot 34 and was originally zoned Industrial District. However, with the city-wide rezoning in 2001,the property was rezoned to NS. The property to the north is currently zoned Light Industrial. The Comprehensive Land Use Plan recommends Light Industrial zoning on the subject property as well as the properties to the east and west. The southeast corner of Brown and Eubanks is currently zoned Neighborhood Services, and is bounded by residential subdivisions on two sides. Notification/Responses: Thirteen (13) notifications were mailed, with two written responses returned favoring the request and none opposing at the time of posting. The Planning Commission considered this request during the September 19, 2006 meeting and recommended approval by a vote of 5 —0. Approved By Initial Date Department Director RO 10/2/06 City Manager /p'1i/06 Page 1 of 1 l �. 4.._-. • lg Stote Hi hCLwoy oI. 7 SN r10- r-r- _ If Subject -y moo. Property j __ — _ ay, • IF:--- • t ` - o = b. Hr von Street I AN[yT.•l 7 LL __ __ :•fit _< \II,' ''. , _. .. ._ _ LOCATION MAP ZONING CASE #2006-12 ORDINANCE NO. 2006-61 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS; AMENDING ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE SCHEDULE ORDINANCE), SUBSECTION 9.01 RESIDENTIAL FEES; DEPOSITS); PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has determined that it is necessary and in the best interests of the City of Wylie to adopt the amendments to Section 9.01 (Residential fees; deposits)of Ordinance No. 98-16 as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Subsection 9.01 (Residential fee; deposits are hereby amended to read as follows: (a) The collection and removal of garbage and brush in one polycart container from residential premises, one time per week shall be made for a fee charge of$11.30 per residential unit for each calendar month. (b) Non residential customers shall be required to make a deposit equivalent to three months' charges or a minimum of$34.00. (c) Residential fees for each unit of single-family detached or duplex (not master metered) either curbside or alley side service, shall be $11.30 per month and shall be charged each month on the utility bill. (d) The following collection fees are based upon the type of establishment or collection, to wit: Type Charges per Month Duplex,per unit $11.30 Multifamily $11.30 Trailer park $11.30 SECTION 4: Savin2s/Repealin2 Clause. All provisions of Wylie Ordinance No. 98-16 shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they Ordinance No.2006-61 Trash Fees Increase Page 1 are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this 10`"day of October, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—October 18,2006 Ordinance No.2006-61 Trash Fees Increase Page 2 EXHIBIT "A" Legal Description Zoning Case # 2006-12 Lot 34, of Wyndham Estates Phase III, an Addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Volume F, Page 579, of the Map Records of Collin County, Texas. THIS 00GTh4ENT IS RELEASED FOR THE PURPOSE RP RTTERIN REVIEW UNDER THE AUTHORTY OF LLOYD GARLAND RWNER, PE-OT2A IT IS NOT TO RE USED FOR EONSTRUOIWN, BIDDING,OR I PERMIT PURPOSES 1 I— ProJact Design And Construction I Administration I Be _,a_,n I WTA.�{E,,„,�,,N� d �"ttl.'5616.ii' I Strategic Partners With a TNMF,W.IRRo ` aceimais ,,,,, '0.,./•,,,,,..„, , 0 . .1 00000000000 .1.1,77.,_ _ _ 1 ..IS / i • • • 9 • • • e • • r, _ r • 6r0 ` Q_ _ I CO �'�v ` -, 1 • �• • • .� ` ` T . • • ° 1 W1 I 1.• . a ®_ m _ T k W •• r m_ • • • - ( 1I e • is �� ee •���• • e • ese�ee • •*, 4 "ft( • •I• e • • alai• • • • • j_•v�• mlm m m lm m ® m ® 4 1 _ M , — _dn :w..W — ip *ROM/hilt PoloWORM TWOaisNR Taaas OM MUNE MOO O•Ia100 IP 0111 it PROPOSED PLAN Sr E ATRnc xAu ', _011. NOTIFICATION REPORT APPLICANT: John Talley with Verizon/Staubach Company APPLICATION FILE #2006.12 750 Canyon Drive Coppell,Tx 75019 FT BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-John Talley 750 Canyon Drive 1 Verizon/Staubach Company Wyndham Estates 3 C 09ell, 75019 2709 Pinewood d Drive 2 --- Lot 24 R-2057-000-0240-1 Larry Nelson Garland,Texas 75044 Wyndham Estates 3 PO Box 451356 3 --- Lot 25 R-2057-000-0250-1 Squire&Associates Garland,Texas 75045 Wyndham Estates 3 PO Box 451356 4 --- Lot 26R R-2057-000-026R-1 Squire&Associates Garland,Texas 75045 Wyndham Estates 3 1010 Squire Drive (' S --- Lot 28R R-2057-000-028R-1 RushIn Truss,Ltd. Wylie,Texas 75098 Wyndham Estates 3 5949 Sherry Lane,Suite 1225 6 --- Lot 34 R-2057-000-0340.1 Cinnamon Teal LLC Dallas,Texas 75225 Eastridge Addn 2000 Hwy,78 North 7 Bik A Lot 1 R-2114-00A-0010.1 City of Wylie Wylie,Texas 75098 Oak Meadow 211 N.Roll!ng Meadow Drive 8 Rik A Lot 1 R-4290-00A-0010-1 Gloria Crowe Wylie,Texas 75098 Oak Meadow 209 N.Roling Meadow Drive 9 Bik A Lot 2 R-4290-00A-0020-1 Tiffany Markwardt Wylie,Texas 75098 tt 1011 E.Brown Street 10 Abst 688-1 Tract 53 R-6688-001-0530-1 Rodney Smith Wylie,Texas 75098 1011 E.Brown Street 11 Abst 688.1 Tract 54 ` R-6688-001-0540-1 Rodney Smith Wylie,Texas 75098 1011 E.Brown Street 12 Abst 688-1 Tract 213 R-6688-001-2130-1 Rodney Smith Wylie,Texas 75098 1012 E.Brown Street 13 Abst 688-5 Tract 115 R-6688.005-1150.1 Gary Sixki!ler Wylie,Texas 75098 14 15 16 Q:.�:r>:�. 17 E ./V/'.A;rl 18 1.'-cicmi _ - C I / l3 S.wire 'fir Dr,�e E TY15.2 O Tr 64 i i t ODt ........,) coge- r r !t5 ` t.-ridne. _ O' Meadow I i _ i r \ _/ i _ -______ OWNER NOTIFICATION MA I' ,,,,,. ZONING CASE #2006-12 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie.Texas 75098 7 V I am FOR the requested zoning as explained on the attached public notice for Zoning Case n2006-12. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006-12. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,September 19,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie.Texas Date,1 nation&Time of City Council meeting: Tuesday,October 10,2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: \ •S•`;: (please print) Address: ;1-07 �. ,� It; Signature: J" Date: COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case 42006-12. 1 am AGALN ST the requested zoning as explained on the attached public notice for Zoning Case 42006-12. Date,1 oration&Time of Planning&Zoning Commission meeting: Tuesday.September 19,2006,7:00 pm Municipal Complex,2000 Highway 78 North.Wylie,Texas { Date,Location&Time of City Council meeting: Tuesday,October 10.2006,6:00 pm r /Municipal Complex,2000 Highway 78 North,Wylie.Texas Name: /i v?i?1'/ ,�1 f 7/-4 (please pr,nt5 Address: As l r� . Si"Oi z- i �' Signature: 1�_t `. 17 Date: 7-11 L/ COMMENTS: Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 10, 2006 Item Number: 2 Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: N/A Date Prepared: September 28, 2006 Budgeted Amount: N/A Letter of Exhibits: Resignation/Ordinance 84-11 Subject Tabled Item from September 26,2006 (MOTION TO REMOVE FROM TABLE) 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 June 30,2007. 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 June 30,2007. Discussion This item was tabled at the September 26, 2006 Council meeting to allow staff time to contact applicants to determine if they are willing to serve this unexpired term on the Construction Code Board. The City Secretary contacted the applicants from 2006 who had indicated a desire to serve on the Construction Code Board. Christine Eustice and Chad Tittle have indicated that they are willing to serve the unexpired term ending June 30,2007. 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 9/28/06 City Manager l,l r1 10 to 6 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 Con't. 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 obeft B quires, Mayor ATTEST: Cif Carol n one City Secretary Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 10, 2006 Item Number: 3 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: 10/02/06 Budgeted Amount: N/A Exhibits: Display Subject Consider, and act upon, approval of Resolution No. 2006-26(R) supporting an alignment for Parker Rd. (FM 2514) at the intersection of FM 1378. Recommendation Motion to approve Resolution No. 2006-26(R) supporting alignment option for Parker Rd. Discussion On September 14, 2006, a public meeting was held to discuss alignment alternatives for FM 2514 at the intersection with FM 1378. The Collin county engineering consultant — Birkhoff, Hendricks, and Conway — presented five alignment alternatives as shown on the attached display. The City of Wylie Thoroughfare Plan currently reflects alignment option 2. After the alignment is finalized, right of way documents will be prepared for the project. No construction funds are currently available to construct the realignment. Approved By Initial Date Department Director CH 10/2/06 City Manager AM /p /Li /0i, Page 1 of 1 RESOLUTION NO. 2006-26(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO RECOMMEND THE ALIGNMENT FOR FM 2514 (PARKER RD.) AT THE INTERSECTION WITH FM 1378. WHEREAS, FM 2514 serves as a major east-west thoroughfare for the City of Wylie; and WHEREAS, the intersection of FM 2514 and FM 1378 provides retail and commercial development for the City of Wylie and surrounding areas; and WHEREAS, the City of Wylie Thoroughfare Plan currently shows a realignment of FM 2514 at FM 1378; and WHEREAS, five alignment alternatives have been presented for FM 2514 as shown on Exhibit "A"; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Council recommends Option for the alignment of FM 2514 at the intersection with FM 1378. SECTION 3: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this the 10th day of October, 2006. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2006-26(R) Parker Road Alignment EXHIBIT "A" Alignment Display Resolution 2 . 'i 11k.,,,.,„r. 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'+ A ii,„0411, \ r .L.Ya,e,r • Aug _.�, �, �;"Pi . f `` d r. . a I. %..: , ':' ,:.,,,,T,.:41 1 • k y.: Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 10, 2006 Item Number: 4 Department: Finance (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: N/A Date Prepared: September 30, 2006 Budgeted Amount: N/A Exhibits: Analysis under separate cover Subject Consider, and act upon, award of bid to JP Morgan/Chase Bank as the City's Bank Depository for FY 2006- 2010. Recommendation Motion to award bid to JP Morgan/Chase Bank as the City's Bank Depository for FY 2006-2010. Discussion The finance department solicited bids for the City's depository services through an RFP process. The solicitation included basis banking services, merchant banking services, lockbox services, and on-line banking services. The contract is for four years. Four banks responded: American National Bank, Inwood National Bank, Capital One Bank, and JP Morgan/Chase Bank. Each bank was evaluated with respect to cost and quality of their services. The complete analysis of the bids is included in your package. The following is a summary results. Compensating Balance Overall Bidder Cost per Year Required Score JP Morgan Bank $43,965.96 $862,077.63 100 Capital One Bank $56,897.87 $1,126,690.58 74 Inwood National Bank $58,133.43 $1,162,668.55 71 American National Bank $60,568.91 $1,153,693.48 66 JP Morgan was also awarded the highest score for Quality of their services and on-line-banking capabilities. It is the Finance Department's recommendation to award the depository contract to JP Morgan Bank. Once the contract for depository services has been completed between the parties,the contract will be brought back to Council for approval. Approved By Initial Date Department Director LW 10/2/06 City Manager 11I VY\ io'Li 166 Page 1 of 2 CITY OF WYLIE Analysis and Evaluation of the Banking Services Request for Proposal Prepared by the: Finance Department October 3, 2006 a EXECUTIVE SUMMARY The following report analyzes and evaluates bids received by the City in response to the a Request for Proposal (RFP) for Depository Services. Bids were received from four banks: American National Bank, Inwood National Bank, Capital One Bank, and JP Morgan/Chase Bank. The RFP bids evaluated five major areas with respect to cost and quality. �- 1) Basic Banking Services: Basic banking services include items such as check processing, incoming and outgoing wire transfers, deposits, returned checks, and bank drafting. These are very similar to an individual's checking account services. 2) Merchant Banking Services: Merchant banking services involve credit and debit card processing. The bank or a third party vendor processes payments received by the City's departments via credit or debit card purchases, collects the money from the banks or credit card companies and deposits the money in the City's bank account. This payment stream will grow substantially over the next four years as more people learn that the City accepts this form of payment. 3) Lockbox Services: Lockbox services involve the automated processing of payments received by utility billing. The City's utility customers send checks along with payment coupons by mail to a post office box established just for this purpose. The mail is picked up by the bank or third party provider and processed using highly automated machines, separating checks from payment coupons. Once this process is completed the checks are sent to the bank for collection and then credited to the City's bank account. During processing, a magnetic tape of individual account numbers and corresponding payment amounts are captured electronically and sent to the utility billing. Utility billing .44 uses this magnetic tape to update each customer account on the City's Incode system. Currently, the City has over 130,000 utility payments a year and each year adds about 12,000. 4) Funds Availability: Funds Availability is the amount of time between the time a check is deposited and the time the City has access to that money for expenditures. Almost everyone has deposited a check at their local bank, only to be told they can not use that money for 1 to 5 days because the bank has a hold on the funds. Banks have different policies regarding funds availability. The cost of funds availability is calculated by multiplying the number of days the customer is without the use of their money, times the interest rate they would earn on that money during the holding period. 5) On-Line Banking Services Direct costs of the above services were paramount in our selection criteria. Quality of these individual services and the way in which they are tied together was also of vital importance. Because of the shear volume of transactions and multiple payment streams the City has, countless hours are spent researching problems such as key punch errors, bad checks, payments the customer says they made but are not posted PIM to their account, just to name a few. A quality integrated on-line banking system reduces research time, shorten the time a problem is outstanding, and reduces the personnel costs associated with working with these systems. Most everyone has used on-line banking services and knows it is more efficient to get on your computer to see what you have in the bank, than it is to •- call the bank or get in your car and go to the bank. Most banks have on-line banking services, but the information provided to the customer with these on-line services differs greatly among banks. Depending on the bank's customer makeup and whether the services offered are in-house or subcontracted out makes a big difference in what is offered in the way of on-line banking services. In order for finance department personnel to do their jobs efficiently, a quality integrated on-line banking system must provides daily activity, long term history, image capturing of checks, wires, deposits, and wire transfers, whether through the bank system, lockbox system, or merchant banking system. Because on-line banking services are so important, finance department personnel visited each bank to evaluate separately their on-line-banking capabilities. Bid Evaluation The bid evaluation of each proposal was broken down into two parts, quality of services to be provided and the cost of services provided. Quality of services represented 20 points or 20% of the total score. The cost of services had 80 points representing the remaining 80%of the total score. The Cost Evaluation was straight forward with bids being submitted on bid forms designed by the finance department using the actual or estimated activity expected by the City for that type of service. Finance department personnel had meetings with each bank to ask questions regarding the bank's proposal and answer any questions the bank might have of the City. As a result of these meetings and phone conversations a couple of exceptions to the bid packages submitted were made. Inwood National Bank in response to the RFP indicated that they would provide lockbox services in house. After conversation with them it was determined that the service they were proposing was not acceptable. They asked if they could resubmit a bid using a third party provider and a decision to allow this change was made. The second situation involved Capital One Bank and their lockbox system. During our due diligence, it was determined that Capital One Bank bid their wholesale lockbox service located in Dallas, when the City required a retail lockbox service. Capital One's retail lockbox service was located in Louisiana. This would require utility customers to send their utility payments to Louisiana. When they were informed that this was not acceptable they asked if they could resubmit using a third party provider in the Dallas area. Their request was also granted. The scoring for overall cost used 50 points for the highest bid and 80 points for the lowest bid, with the other bidders scores calculated based on their bid relative to the highest and lowest bidder. As the Bid Tabulation Table following this Executive Summary presents, JP Morgan was the low bidder by $12,931.91 per year to the next lowest bidder. The Quality Evaluation was more subjective but had as its base the bank's on-line banking services and whether the service proposed were performed in house or was contracted out. This reflected staffs desire to have as much integration of the systems as possible on-line and to have one firm responsible and knowledgeable about the services provided. Having the ability to go to one on-line banking system to solve problems or review documents in any payment stream provides a speedier resolution of problems and reduces current and future staffing needs. JP Morgan Bank was the only provider that had all services in house and an on-line banking system that tied all payment streams together with all the information requested in the RFP. As a result, their score on quality was 20 points Using these two criteria of Cost and Quality, it is the Finance Department's recommendation that Council award the banking services bid to JP Morgan/Chase Bank. Bid Tabulations Maximum American Inwood Capital Number of National National One J P Morgan Services Points Bank Bank Bank Bank 1) Quality of Banking Services a) Basic Banking Services 5 5 5 5 b) Merchant Banking Services 5 5 5 5 c) Lockbox Services 3 3 3 5 d) On-Line- Banking Services 3 3 4 5 e) Other*** 2) Cost of Banking Services 50 55 a) Basic Banking Services $0.00 $0.00 $6,145.87 $3,977.64 b) Merchant Banking Services $27,049.58 $20,115.92 $18,972.91 $18,636.91 c) Lockbox Services $29,896.81 $34,394.98 $29,896.81 $25,030.38 d) Funds Availability $3,622.53 $3,622.53 $1,882.29 $71.03 e) Other*** $0.00 $0.00 $0.00 -$3,750.00 Totals Costs $60,568.91 $58,133.43 $56,897.87 $43,965.96 Funds Earning Rate 5.25% 5.00% 5.05% 5.10% Required Compensating Balance $1,153,693.48 $1,162,668.55 $1,126,690.58 $862,077.63 Composite Score 66 71 74 100 *** Represents the amortization of$15,000 given to the city to offset any costs. Analysis of Merchant Banking Costs Summary Of Merchant Banking Services American Inwood Capital National National One J P Morgan Items Bank Bank Bank Bank STATISTICS Number of Transactions ( Yearly) 12,900 12,900 12,900 12,900 Visa/ Mastercard Sales Volume $1,320,000.00 $1,320,000.00 $1,320,000.00 $1,320,000.00 Number of Terminals 7 7 7 7 Average Transaction Amount $95.13 $95.13 $95.13 $95.13 SERVICING FEES Settlement Fees ( Volume or Transaction Based) $0.00 $1,548.00 $3,225.00 $3,696.00 Voice Authorization Fees $41.93 $61.28 $22.58 $41.93 Monthly Service Charge ( Per Location) $0.00 $0.00 $0.00 $420.00 Statement Fees $450.00 $252.00 $840.00 $0.00 Annual Service Fee $0.00 $0.00 $0.00 $0.00 Minimum Monthly Discount Fee $0.00 $0.00 $0.00 $0.00 Application Fee $0.00 $49.95 $0.00 $0.00 Pin Debit Transaction Fees $290.25 $232.20 $638.55 $232.20 Web Processing Monthly Fee $0.00 $0.00 $0.00 $0.00 TOTAL SERVICING FEES $782.18 2,143.43 $4,726.13 $4,390.13 DISCOUNT FEES DATA Master Card Sales Volume $528,000.00 $528,000.00 $528,000.00 $528,000.00 Master Card Transaction Volume 5,160 5,160 5,160 5,160 Visa Card Sales Volume $792,000.00 $792,000.00 $792,000.00 $792,000.00 Visa Card Transaction Voulme 7,740 7,740 7,740 7,740 VISA Debit Tranactions Visa Debit(Interchange Rate) $8,886.24 $2,714.26 $2,108.16 $2,108.16 Visa Debit(Interchange Fee) $696.60 $372.60 $621.00 $621.00 Visa Debit(Assessment Fee) $0.00 $243.76 $243.76 $243.76 Visa Utility (Interchange Fee) $0.00 $2,700.00 $900.00 $900.00 Visa Utility (Assessment Fee) $0.00 $326.34 $326.34 $326.34 Credit Transactions Visa Credit(Interchange Rate) $5,924.16 $1,844.64 $2,512.22 $2,512.22 Visa Credit(Interchange Fee) $464.40 $248.40 $82.80 $82.80 Visa Credit ( Assessment Fee) $0.00 $162.50 $162.50 $162.50 MASTER CARD Debit Transaction Mastercard (Interchange Rate) $6,177.60 $4,878.72 $2,534.40 $2,534.40 Mastercard (Interchange Fee) $0.00 $309.60 $774.00 $774.00 Mastercard (Assessment Fee) $0.00 $300.96 $300.96 $300.96 Credit Transactions Mastercard (Interchange Rate) $4,118.40 $3,463.68 $3,273.60 $3,273.60 - Mastercard (Interchange Fee) $0.00 $206.40 $206.40 $206.40 Mastercard (Assessment Fee) $0.00 $200.64 $200.64 $200.64 TOTAL DISCOUNT FEES $26,267.40 $17,972.50 $14,246.78 $14,246.78 $27,049.58 $20,115.92 American National Bank Bid Fees & %of Municipal Parks& Building Utility Animal Annual Item Charges Usage Courts Recreation Permits _ Billing Shelter Cost STATISTICS Number of Transactions (yearly) 770 850 4,800 6,000 480 12,900 Visa/Mastercard Sales Volume $120,000.00 $100,000.00 $500,000.00 $588,000.00 $12,000.00 $1,320,000.00 Number of Terminals 2 1 1 2 1 7 Average Transaction Amount $155.84 $117.65 $104.17 $98.00 $25.00 $95.13 SERVICING FEES Settlement Fees (Charged on Volume 0.00% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Voice Authorization Fees $0.65 0.50% $2.50 $2.76 $15.60 $19.50 $1.56 $41.93 Monthly Service Charge ( Per Location) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Statement Fees ( Per Location) $90.00 $90.00 $90.00 $90.00 $90.00 $90.00 $450.00 Annual Service Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Minimum Monthly Discount Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Application Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Pin Debit Transaction Fees $0.25 9.00% $17.33 $19.13 $108.00 $135.00 $10.80 $290.25 Web Processing Monthly Fee $0.00 $0.00 $0.00_ $0.00 $0.00 $0.00 $0.00 TOTAL SERVICING FEES $109.83 $111.89 $213.60 $244.50 $102.36 $782.18 DISCOUNT FEES Master Card Sales Volume 40.00% $48,000.00 $40,000.00 $200,000.00 $235,200.00 $4,800.00 $528,000.00 Master Card Transaction Volume 40.00% 308 340 1,920 2,400 192 5,160 Visa Card Sales Volume 60.00% $72,000.00 $60,000.00 $300,000.00 $352,800.00 $7,200.00 $792,000.00 Visa Card Transaction Voulme 60.00% 462 510 2,880 3,600 288 7,740 VISA Debit Tranactions 60.00% Visa Debit(Interchange Rate) 1.8700% $807.84 $673.20 $3,366.00 $3,958.42 $80.78 $8,886.24 Visa Debit(Interchange Fee) $0.15 $41.58 $45.90 $259.20 $324.00 $25.92 $696.60 Visa Debit(Assessment Fee) 0.0000% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Visa Utility(Interchange Fee) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Visa Utility(Assessment Fee) 0.0000% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Credit Transactions 40.00% Visa Credit(Interchange Rate) 1.87% $538.56 $448.80 $2,244.00 $2,638.94 $53.86 $5,924.16 Visa Credit(Interchange Fee) $0.15 $27.72 $30.60 $172.80 $216.00 $17.28 $464.40 Visa Credit(Assessment Fee) 0.0000% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 American National Bank Bid Fees& %of Municipal Parks & Building Utility Animal Annual Item Charges Usage Courts Recreation Permits Billing Shelter Cost MASTER CARD 60.00% Debit Transaction Mastercard (Interchange Rate) 1.9500% $561.60 $468.00 $2,340.00 $2,751.84 $56.16 $6,177.60 Mastercard (Interchange Fee) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Mastercard (Assessment Fee) 0.0000% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Credit Transactions 40.00% Mastercard (Interchange Rate) 1.9500% $374.40 $312.00 $1,560.00 $1,834.56 $37.44 $4,118.40 Mastercard (Interchange Fee) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Mastercard (Assessment Fee) 0.0000% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL DISCOUNT FEES $2,351.70 $1,978.50 $9,942.00 $11,723.76 $271.44 $22,149.00 TOTAL OPERATING COST $2,461.53 $2,090.39 $10,155.60 $11,968.26 $373.80 $22,931.18 Inwood National Bank Bid Fees & %of Municipal Parks & Building Utility Animal Annual Item Charges Usage Courts Recreation Permits Billing Shelter Cost STATISTICS Number of Transactions (yearly) 770 850 4,800 6,000 480 12,900 Visa/Mastercard Sales Volume $120,000.00 $100,000.00 $500,000.00 $588,000.00 $12,000.00 $1,320,000.00 Number of Terminals 2 1 1 2 1 7 Average Transaction Amount $155.84 $117.65 $104.17 $98.00 $25.00 $95.13 SERVICING FEES Settlement Fees (Charged on Tranaction) $0.12 $92.40 $102.00 $576.00 $720.00 $57.60 $1,548.00 Voice Authorization Fees $0.95 0.50% $3.66 $4.04 $22.80 $28.50 $2.28 $61.28 Monthly Service Charge ( Per Location) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Statement Fees ( Per Location) $36.00 $72.00 $36.00 $36.00 $72.00 $36.00 $252.00 Annual Service Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Minimum Monthly Discount Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Application Fee $49.95 $9.99 $9.99 $9.99 $9.99 $9.99 $49.95 Pin Debit Transaction Fees $0.20 9.00% $13.86 $15.30 $86.40 $108.00 $8.64 $232.20 Web Processing Monthly Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL SERVICING FEES $191.91 $167.33 $731.19 $938.49 $114.51 $2,143.43 DISCOUNT FEES Master Card Sales Volume 40.00% $48,000.00 $40,000.00 $200,000.00 $235,200.00 $4,800.00 $528,000.00 Master Card Transaction Volume 40.00% 308 340 1,920 2,400 192 5,160 Visa Card Sales Volume 60.00% $72,000.00 $60,000.00 $300,000.00 $352,800.00 $7,200.00 $792,000.00 Visa Card Transaction Voulme 60.00% 462 510 2,880 3,600 288 7,740 VISA Debit Tranactions 60.00% Visa Debit(Interchange Rate) 1.0300% $444.96 $370.80 $1,854.00 $44.50 $2,714.26 Visa Debit(Interchange Fee) $0.15 $41.58 $45.90 $259.20 $25.92 $372.60 Visa Debit(Assessment Fee) 0.0925% $39.96 $33.30 $166.50 $4.00 $243.76 Visa Utility(Interchange Fee) $0.75 $0.00 $0.00 $0.00 $2,700.00 $0.00 $2,700.00 Visa Utility(Assessment Fee) 0.0925% $0.00 $0.00 $0.00 $326.34 $0.00 $326.34 Credit Transactions 40.00% Visa Credit(Interchange Rate) 1.05% $302.40 $252.00 $1,260.00 $30.24 $1,844.64 Visa Credit(Interchange Fee) $0.15 $27.72 $30.60 $172.80 $17.28 $248.40 Visa Credit(Assessment Fee) 0.0925% $26.64 $22.20 $111.00 $2.66 $162.50 MASTER CARD 60.00% Debit Transaction Mastercard (Interchange Rate) 1.5400% $443.52 $369.60 $1,848.00 $2,173.25 $44.35 $4,878.72 Mastercard (Interchange Fee) $0.10 $18.48 $20.40 $115.20 $144.00 $11.52 $309.60 Inwood National Bank Bid Fees & %of Municipal Parks & Building Utility Animal Annual Item Charges Usage Courts Recreation Permits Billing Shelter Cost Mastercard (Assessment Fee) 0.0950% $27.36 $22.80 $114.00 $134.06 $2.74 $300.96 Credit Transactions 40.00% Mastercard (Interchange Rate) 1.64% $314.88 $262.40 $1,312.00 $1,542.91 $31.49 $3,463.68 Mastercard (Interchange Fee) $0.10 $12.32 $13.60 $76.80 $96.00 $7.68 $206.40 Mastercard (Assessment Fee) 0.0950% $18.24 $15.20 $76.00 $89.38 $1.82 $200.64 TOTAL DISCOUNT FEES $1,718.06 $1,458.80 $7,365.50 $7,205.94 $224.20 $17,972.50 TOTAL 0111Mig COST $1,909.97 $1,626.13 $8,096.69 $8,144.43 $338.71 $20,115.92 Capital One Bank Bid Fees& %of Municipal Parks& Building Utility Animal Annual Item Charges Usage Courts Recreation _ Permits _ Billing Shelter Cost STATISTICS Number of Transactions (yearly) 770 850 4,800 6,000 480 12,900 Visa/Mastercard Sales Volume $120,000.00 $100,000.00 $500,000.00 $588,000.00 $12,000.00 $1,320,000.00 Number of Terminals 2 1 1 2 1 7 Average Transaction Amount $155.84 $117.65 $104.17 $98.00 $25.00 $95.13 SERVICING FEES Settlement Fees (Charged Per Item) $0.25 $192.50 $212.50 $1,200.00 $1,500.00 $120.00 $3,225.00 Voice Authorization Fees $0.35 0.50% $1.35 $1.49 $8.40 $10.50 $0.84 $22.58 Monthly Service Charge ( Per Location) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Statement Fees ( Per Location) $120.00 $240.00 $120.00 $120.00 $240.00 $120.00 $840.00 Annual Service Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Minimum Monthly Discount Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Application Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Pin Debit Transaction Fees $0.55 9.00% $38.12 $42.08 $237.60 $297.00 $23.76 $638.55 Web Processing Monthly Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL SERVICING FEES $471.96 $376.06 $1,566.00 $2,047.50 $264.60 $4,726.13 DISCOUNT FEES Master Card Sales Volume 40.00% $48,000.00 $40,000.00 $200,000.00 $235,200.00 $4,800.00 $528,000.00 Master Card Transaction Volume 40.00% 308 340 1,920 2,400 192 5,160 Visa Card Sales Volume 60.00% $72,000.00 $60,000.00 $300,000.00 $352,800.00 $7,200.00 $792,000.00 Visa Card Transaction Voulme 60.00% 462 510 2,880 3,600 288 7,740 VISA Debit Tranactions 60.00% Visa Debit(Interchange Rate) 0.8000% $345.60 $288.00 $1,440.00 $34.56 $2,108.16 Visa Debit(Interchange Fee) $0.25 $69.30 $76.50 $432.00 $43.20 $621.00 Visa Debit(Assessment Fee) 0.0925% $39.96 $33.30 $166.50 $4.00 $243.76 Visa Utility(Interchange Fee) $0.25 $0.00 $0.00 $0.00 $900.00 $0.00 $900.00 Visa Utility(Assessment Fee) 0.0925% $0.00 $0.00 $0.00 $326.34 $0.00 $326.34 Credit Transactions 40.00% Visa Credit(Interchange Rate) 1.43% $411.84 $343.20 $1,716.00 $41.18 $2,512.22 Visa Credit(Interchange Fee) $0.05 $9.24 $10.20 $57.60 $5.76 $82.80 Visa Credit(Assessment Fee) 0.0925% $26.64 $22.20 $111.00 $2.66 $162.50 MASTER CARD 60.00% Debit Transaction Mastercard (Interchange Rate) 0.8000% $230.40 $192.00 $960.00 $1,128.96 $23.04 $2,534.40 Mastercard (Interchange Fee) $0.25 $46.20 $51.00 $288.00 $360.00 $28.80 $774.00 Capital One Bank Bid Fees& %of Municipal Parks & Building Utility Animal Annual Item Charges Usage Courts Recreation Permits Billing Shelter Cost Mastercard (Assessment Fee) 0.0950% $27.36 $22.80 $114.00 $134.06 $2.74 $300.96 Credit Transactions 40.00% Mastercard (Interchange Rate) 1.55% $297.60 $248.00 $1,240.00 $1,458.24 $29.76 $3,273.60 Mastercard (Interchange Fee) $0.10 $12.32 $13.60 $76.80 $96.00 $7.68 $206.40 Mastercard (Assessment Fee) 0.0950% _ $18.24 $15.20 $76.00 $89.38 $1.82 $200.64 TOTAL DISCOUNT FEES $1,534.70 $1,316.00 $6,677.90 $4,492.98 $225.20 $14,246.78 TOTAL OPERATING COST $2,006.66 $1,692.06 $8,243.90 $6,540.48 $489.80 $18,972.91 J P Morgan Bank Bid Fees & %of Municipal Parks & Building Utility Animal Annual Item Charges Usage Courts Recreation Permits Billing Shelter Cost STATISTICS Number of Transactions (yearly) 770 850 4,800 6,000 480 12,900 Visa/Mastercard Sales Volume $120,000.00 $100,000.00 $500,000.00 $588,000.00 $12,000.00 $1,320,000.00 Number of Terminals 2 1 1 2 1 7 Average Transaction Amount $155.84 $117.65 $104.17 $98.00 $25.00 $95.13 SERVICING FEES Settlement Fees (Charged on Volume 0.28% $336.00 $280.00 $1,400.00 $1,646.40 $33.60 $3,696.00 Voice Authorization Fees $0.65 0.50% $2.50 $2.76 $15.60 $19.50 $1.56 $41.93 Monthly Service Charge( Per Location) $60.00 $120.00 $60.00 $60.00 $120.00 $60.00 $420.00 Statement Fees ( Per Location) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Annual Service Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Minimum Monthly Discount Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Application Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Pin Debit Transaction Fees $0.20 9.00% $13.86 $15.30 $86.40 $108.00 $8.64 $232.20 Web Processing Monthly Fee $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL SERVICING FEES $472.36 $358.06 $1,562.00 $1,893.90 $103.80 $4,390.13 DISCOUNT FEES Master Card Sales Volume 40.00% 48,000.00 40,000.00 200,000.00 235,200.00 4,800.00 528,000 Master Card Transaction Volume 40.00% 308 340 1,920 2,400 192 5,160 Visa Card Sales Volume 60.00% $72,000.00 $60,000.00 $300,000.00 $352,800.00 $7,200.00 792,000 Visa Card Transaction Voulme 60.00% 462 510 2,880 3,600 288 7,740 VISA Debit Tranactions 60.00% Visa Debit(Interchange Rate) 0.8000% $345.60 $288.00 $1,440.00 $34.56 $2,108.16 Visa Debit(Interchange Fee) $0.25 $69.30 $76.50 $432.00 $43.20 $621.00 Visa Debit(Assessment Fee) 0.0925% $39.96 $33.30 $166.50 $4.00 $243.76 Visa Utility(Interchange Fee) $0.25 $0.00 $0.00 $0.00 $900.00 $0.00 $900.00 Visa Utility(Assessment Fee) 0.0925% $0.00 $0.00 $0.00 $326.34 $0.00 $326.34 Credit Transactions 40.00% Visa Credit(Interchange Rate) 1.43% $411.84 $343.20 $1,716.00 $41.18 $2,512.22 Visa Credit(Interchange Fee) $0.05 $9.24 $10.20 $57.60 $5.76 $82.80 Visa Credit(Assessment Fee) 0.0925% $26.64 $22.20 $111.00 $2.66 $162.50 J P Morgan Bank Bid Fees& %of Municipal Parks & Building Utility Animal Annual Item Charges Usage Courts Recreation Permits Billing Shelter Cost MASTER CARD 60.00% Debit Transaction Mastercard (Interchange Rate) 0.8000% $230.40 $192.00 $960.00 $1,128.96 $23.04 $2,534.40 Mastercard (Interchange Fee) $0.25 $46.20 $51.00 $288.00 $360.00 $28.80 $774.00 Mastercard (Assessment Fee) 0.0950% $27.36 $22.80 $114.00 $134.06 $2.74 $300.96 Credit Transactions 40.00% Mastercard (Interchange Rate) 1.55% $297.60 $248.00 $1,240.00 $1,458.24 $29.76 $3,273.60 Mastercard (Interchange Fee) $0.10 $12.32 $13.60 $76.80 $96.00 $7.68 $206.40 Mastercard (Assessment Fee) 0.0950% $18.24 $15.20 $76.00 $89.38 $1.82 $200.64 TOTAL DISCOUNT FEES $1,534.70 $1,316.00 $6,677.90 $4,492.98 $225.20 $14,246.78 TOTAL OPERATING COST $2,007.06 $1,674.06 111111111F $6,386.88 $329.00 $18,636.91 Analysis of Lockbox Services Analysis of Lockbox Costs Sub-Contract With Amegy In House American National Bank Inwood National Bank Capital One Bank J P Morgan Bank Annual Unit Activity Unit Activity Unit Activity Unit Activity Items Volumes Price Charge Price Charge Price Charge Price Charge Lockbox Wholesale Maintenance 12 $101.20 $1,214.40 $125.00 $1,500.00 $101.20 $1,214.40 $0.00 $0.00 Lockbox Wholesale Items 47 $0.35 $16.45 $35.00 $1,645.00 $0.35 $16.45 $0.00 $0.00 Lockbox Retail Mainenance 11 $190.00 $2,090.00 $200.00 $2,200.00 $190.00 $2,090.00 $100.00 $1,100.00 Lockbox Retail Items 51,098 $0.20 $10,219.60 $0.21 $10,730.58 $0.20 $10,219.60 $0.25 $12,774.50 Loclkbox Data Transmission 12 $100.00 $1,200.00 $150.00 $1,800.00 $100.00 $1,200.00 $150.00 $1,800.00 Loclkbox Postage 27,524 $0.13 $3,578.12 $0.13 $3,578.12 $0.13 $3,578.12 $0.13 $3,578.12 Lockbox No Check Mail 42 $0.15 $6.22 $0.20 $8.40 $0.15 $6.22 $0.11 $4.62 Lockbox Check Without Coupon 9,306 $0.30 $2,791.80 $0.30 $2,791.80 $0.30 $2,791.80 $0.42 $3,908.52 Lockbox-Image Maintenance 12 $75.00 $900.00 $140.00 $1,680.00 $75.00 $900.00 $20.00 $240.00 Lockbox-Image Transmission 14 $75.00 $1,050.00 $49.50 $693.00 $75.00 $1,050.00 $25.00 $350.00 Lockbox-Image Items 22,481 $0.15 $3,372.15 $0.18 $4,046.58 $0.15 $3,372.15 $0.02 $449.62 Lockbox-Per Deposit Charge 1,412 $1.15 $1,623.80 $1.50 $2,118.00 $1.15 $1,623.80 $0.00 $0.00 Charge Back Fee 42 $5.67 $238.14 $3.50 $147.00 $5.67 $238.14 $0.00 $0.00 Return Items-Redeposits 39 $5.67 $221.13 $3.50 $136.50 $5.67 $221.13 $0.00 $0.00 Lockbox Web Delivery Maintance 10 $55.00 $550.00 $49.50 $495.00 $55.00 $550.00 $0.00 $0.00 Lockbox Rental 1 $825.00 $825.00 $825.00 $825.00 $825.00 $825.00 $825.00 $825.00 Totals 29,896.81 34,394.98 29,896.81 25,038 Lockbox Activity Annual Fiscal Year 2005-2006 Items Totals Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Lockbox Wholesale Maintenance 10 1 0 1 1 1 1 1 1 1 1 1 Lockbox Wholesale Items 47 1 23 15 0 0 0 4 4 Lockbox Retail Mainenance 11 1 1 1 1 1 1 1 1 1 1 1 Lockbox Retail Items 51,098 2,816 4,288 3,018 3,909 4,420 5,211 3,800 5,387 4,654 5,079 4,258 4,258 Loclkbox Data Transmission 12 1 1 1 1 1 1 1 1 1 1 1 1 Loclkbox Postage 27,524 2,866 4,398 3,140 4,115 4,670 6,423 1,912 0 0 0 0 0 Lockbox No Check Mail 42 2 6 8 9 5 2 0 2 0 4 4 Lockbox Check Without Coupon 9,306 50 110 122 206 249 315 748 1,667 1,131 1,708 1,500 1,500 Lockbox-Image Maintenance 12 1 1 1 1 1 2 1 1 1 1 1 Lockbox-Image Transmission 14 1 1 1 1 1 3 2 1 1 1 1 Lockbox-Image Items 22,481 223 2,101 532 749 871 1,046 1,613 3,543 2,351 3,452 3,000 3,000 Lockbox -Per Deposit Charge 1,412 66 104 100 101 116 179 116 134 127 133 118 118 Charge Back Fee 42 3 1 2 1 3 6 5 7 6 4 4 Return Items -Redeposits 39 2 2 0 4 6 4 5 10 3 3 Lockbox Web Delivery Maintance 10 1 1 1 1 1 1 1 1 1 1 Analysis of Basic Banking Services Analysis of Basic Banking Services American Inwood Capital National National One J P Morgan Activity Bank Bank Bank Bank Account Maintenance $0.00 $0.00 $360.00 $0.00 Debits $0.00 $0.00 $272.76 $340.95 Credits $0.00 $0.00 $461.00 $276.60 On us Items Deposited $0.00 $0.00 $198.67 $220.74 Transit Items- Local** $0.00 $0.00 $1,950.00 $1,500.00 Charge Back Fee $0.00 $0.00 $270.00 $202.50 ZBA Maintenance $0.00 $0.00 $0.00 $0.00 Charge Back Reclears $0.00 $0.00 $322.00 $0.00 Stop Payments $0.00 $0.00 $60.00 $20.00 Wire Transfer Fees $0.00 $0.00 $879.00 $732.50 Wire Module $0.00 $0.00 $600.00 $0.00 ACH Batches $0.00 $0.00 $0.00 $275.00 ACH Items DR/CR $0.00 $0.00 $622.44 $259.35 Account Reconcilliation $0.00 $0.00 $0.00 $0.00 CD Rom Statement $0.00 $0.00 $0.00 $0.00 Positive Pay $0.00 $0.00 $30.00 $30.00 Net Maintenance $0.00 $0.00 $120.00 $120.00 Total $0.00 $0.00 $6,145.87 $3,977.64 American National Bank Annual Total Number of Unit Cost Per Activity Units Price Year Account Maintenance 36 $0.00 $0.00 Debits 6,819 0.00 $0.00 Credits 1,844 0.00 $0.00 On us Items Deposited 7,358 0.00 $0.00 Transit Items- Local** 50,000 0.00 $0.00 Charge Back Fee 270 0.00 $0.00 ZBA Maintenance 3 0.00 $0.00 Charge Back Reclears 322 0.00 $0.00 Stop Payments 4 0.00 $0.00 Wire Transfer Fees 293 0.00 $0.00 ACH Batches 55 0.00 $0.00 ACH Items DR/CR 5,187 0.00 $0.00 Account Reconcilliation 0 0.00 $0.00 CD Rom Statement 0 0.00 $0.00 Positive Pay 3 0.00 $0.00 Net Teeler Maintenance 12 0.00 $0.00 Total $0.00 Inwood National Bank Annual Total Number of Unit Cost Per Activity Units Price Year Account Maintenance 36 $0.00 $0.00 Debits 6,819 0.00 $0.00 Credits 1,844 0.00 $0.00 On us Items Deposited 7,358 0.00 $0.00 Transit Items- Local** 50,000 0.00 $0.00 Charge Back Fee 270 0.00 $0.00 ZBA Maintenance 3 0.00 $0.00 Charge Back Reclears 322 0.00 $0.00 Stop Payments 4 0.00 $0.00 Wire Transfer Fees 293 0.00 $0.00 ACH Batches 55 0.00 $0.00 ACH Items DR/CR 5,187 0.00 $0.00 Account Reconcilliation 0 0.00 $0.00 CD Rom Statement 0 0.00 $0.00 Positive Pay 3 0.00 $0.00 Net Teeler Maintenance 12 0.00 $0.00 Total $0.00 Capital One Bank Annual Total Number of Unit Cost Per Activity Units Price Year Account Maintenance 36 $10.00 $360.00 Debits 6,819 0.04 $272.76 Credits 1,844 0.25 $461.00 On us Items Deposited 7,358 0.03 $198.67 Transit Items- Local** 50,000 0.04 $1,950.00 Charge Back Fee 270 1.00 $270.00 ZBA Maintenance 3 0.00 $0.00 Charge Back Reclears 322 1.00 $322.00 Stop Payments 4 15.00 $60.00 Wire Transfer Fees 293 3.00 $879.00 Wire Module 12 50.00 $600.00 ACH Batches 55 0.00 $0.00 ACH Items DR/CR 5,187 0.12 $622.44 Account Reconcilliation 0 $0.00 CD Rom Statement 0 $0.00 Positive Pay 3 10.00 $30.00 Tower Net Maintenance 12 10.00 $120.00 Total $6,145.87 J P Morgan Bank Annual Total Number of Unit Cost Per Activity Units Price Year Account Maintenance 36 $0.00 $0.00 Debits 6,819 0.05 $340.95 Credits 1,844 0.15 $276.60 On us Items Deposited 7,358 0.030 $220.74 Transit Items- Local** 50,000 $ 0.030 $1,500.00 Charge Back Fee 270 0.75 $202.50 ZBA Maintenance 3 0.00 $0.00 Charge Back Reclears 322 0.00 $0.00 Stop Payments 4 5.00 $20.00 Wire Transfer Fees 293 2.50 $732.50 ACH Batches 55 5.00 $275.00 ACH Items DR/CR 5,187 0.05 $259.35 Account Reconcilliation 0 0.00 $0.00 CD Rom Statement 0 0.00 $0.00 Positive Pay 3 10.00 $30.00 Tower Net Maintenance 12 10.00 $120.00 Total $3,977•64 Analysis of Funds Availability Schedule of Availability AMERICAN INWOOD CAPITAL NATIONAL NATIONAL ONE NAME OF BANK ROUTING # BANK BANK BANK JP MORGAN FLEET-BANK OF AMERICA 11000138 2 2 1 0 BANK ONE-MERRILL LYNCH 44000804 2 2 1 0 MORGAN STANLEY DW INC. 44000804 2 2 1 0 CITIBANK 52002166 2 2 1 0 COMPASS BANK 63013924 2 2 1 0 BANK OF AMERICA 63100277 2 2 2 1 HIBERNIA NATIONAL BANK 65000090 2 2 0 0 BANK ONE 65400137 2 2 0 0 HANCOCK BANK 65503681 2 2 0 0 SECURITY NATIONAL BANK 73900085 2 2 2 1 WELLS FARGO BANK 91000019 2 2 1 0 BANK OF AMERICA 111000025 1 1 0 0 BANK ONE/CHASE/JP MORGAN CHASE 111000614 1 1 0 0 COMERICA BANK 111000753 1 1 0 0 NORTH DALLAS BANK& TRUST 111000960 1 1 0 0 INWOOD BANK 111001040 1 1 0 0 JP CHASE MORGAN 111001150 1 1 0 0 BANK OF TEXAS 111014325 1 1 0 0 WACHOVIA BANK 111015159 1 1 0 0 WELLS FARGO 111900659 1 1 0 0 CAPITAL ONE 111901014 1 1 0 0 LEGACY BANK OF TEXAS 111901234 1 1 0 0 AMERICAN NATIONAL BANK 111901519 1 1 0 0 TOWN NORTH BANK, N.A. 111904503 1 1 0 0 FIRST BANK FARMERSVILLE 111904545 1 1 0 0 1ST NATIONAL BK OF KEMP 111905434 1 1 0 0 COMPASS BANK 111907445 1 1 0 0 FIRST BANK OF CANYON CRK 111924305 1 1 0 0 WASHINGTON MUTUAL BANK 111993776 1 1 0 0 FIRST BANK OF SACHSE 113000939 2 2 1 0 WOODFOREST NATIONAL BANK 113008465 2 2 1 0 CITIBANK 113193532 2 2 2 0 PENNSYLVANIA ST EMPL CU 231381116 2 2 1 0 NAVY FEDERAL CREDIT UNION 256074974 2 2 2 0 MOTOROLA EMPLY. CREDIT UN 271984311 2 2 1 0 ADVANCIAL FED CREDIT UNIO 311078857 1 1 0 0 CREDIT UNION OF TX 311079306 1 1 0 0 DALLAS TELCO FED. CREDIT 311079319 1 1 0 0 EDS-EMPLOYEE CREDIT UNION 311079474 1 1 0 0 TEXAS FEDERAL CREDIT UNIO 311079694 1 1 0 0 RESOURCE ONE CREDIT UNION 311080162 1 1 0 0 SAN ANGELO FCU 311387946 1 1 1 0 FIRST GARLAND FCU 311979464 1 1 0 0 OMNI AMERICAN FCU 311981533 1 1 0 0 COMMUNITY CREDIT UNION 311987773 1 1 0 0 VIEWPOINT BANK 311987773 1 1 0 0 Schedule of Availability AMERICAN INWOOD CAPITAL NATIONAL NATIONAL ONE NAME OF BANK ROUTING # BANK BANK BANK JP MORGAN TEXANS CREDIT UNION 311987786 1 1 0 0 POSTEL FAMILY CREDIT UNIO 311990391 1 1 0 0 GECU-GREATER ELPASO CU 312081089 2 2 1 0 USAA FEDERAL SAVINGS BANK 314074269 2 2 1 0 RANDOLPH BROOKS FCU 314089681 2 2 1 0 WASHINGTON MUTUAL BK, FA 322271627 2 2 2 0 CITIBANK 322271724 2 2 2 0 Average Days of Float on Bank 1.3889 1.3889 0.4815 0.0370 Third Party Processor's Float** 0.5000 0.5000 0.5000 0.0000 Total Float 1.8889 1.8889 0.9815 0.0370 Lost Interest Earnings on $14,000,000 @ 5% $3,622.53 $3,622.53 $1,882.29 $71.03 ** This is equal to 1 days float on $7,000,000 of Utility Billing Deposits Quality Analysis of On-Line-Banking Quality Analysis of On-Line-banking Services Capital Inwood American J P Morgan One National National Type Of Service Bank Bank Bank Bank Transaction History 1 year 90 Days 120 Days 180 days Check Images (front and back) Yes Yes Yes Yes Returned check images/report detail Yes Yes No No Banking Center Daily Transaction Postings Real Time Real Time Real Time Real Time Outside Banking Center Daily Transaction Postings Overnight Overnight Overnight Overnight Wire/ACH Postings Real Time Real Time Real Time Real Time Wire Receipt Detail Yes Yes No Yes Wires (Sent) Settlement Detail Yes Yes No No Auto Daily Reports Yes No No No Individualized Secure Access Yes Yes Yes Yes User Activity Reports Yes No No No Customer Service Hours 8:00 to 5:00 7:00 to 6:00 8:30 to 4:30 8:30 to 5:00 Analysis of Submittal Documents Analysis of Submittal Documents BANKING INFORMATION American Inwood Capital J P National National One Morgan Items Requested Bank Bank Bank Bank 1. The amount of paid-up capital stock and permanent surplus for the proponent. Sufficient Sufficient Sufficient Sufficient 2. Audited financial statements for the most recent reporting year. Yes Yes Yes Yes 3. A list of the proponent's officers and directors. Yes Yes Yes Yes 4. Ratings on outstanding debt. Sufficient Sufficient Sufficient Sufficient 5. Last two quarterly FDIC Call Reports. Uniform Interagency Bank Rating System. Yes Yes Yes Yes 6. Availability of funds schedule. Yes Yes Yes Yes 7. Proposed collateral agreement. Yes Yes Yes Yes 8. Monthly pledged collateral report. Yes Yes Yes Yes 9. Depository's master repurchase agreement. No, not PSA No, not PSA PSA Form PSA Form 10. Sweep account provisions and provisions of the investment securities that are used for sweep accounts. No No Yes Yes 11. Proposed custody/security safekeeping agreement. Yes Yes Yes Yes 12. Proposed wire funds transfer agreement/contract. No Yes Yes Yes 13. Daylight overdraft policy. Yes Yes Yes Yes 14. Controlled disbursement agreement. No No Yes Yes 15. Sample stop payment agreement. Yes Yes Yes Yes 16. Sample bank statement and monthly account analysis statement. Yes Yes Yes Yes 17. Any additional contracts or agreements requiring City approval. Yes Yes Yes Yes Analysis of Submittal Documents BANKING INFORMATION American Inwood Capital J P National National One Morgan Items Requested Bank Bank Bank Bank 18. RFP documents including proposal form and questionnaire. Yes Yes Yes Yes 19. List all on-line banking services. Yes Yes Yes Yes 20. "Lockbox Service" provision and institution RFP says yes, performing services. Yes review says no Yes Yes Analysis of Submittal Documents DEPOSITORY INFORMATION American Inwood Capital J P National National One Morgan Information Requested Bank Bank Bank Bank 1. Is the Depository insured by the FDIC. Yes Yes Yes Yes 2. Is the Depository audited annually by an independent CPA firm? Yes Yes Yes Yes 3. How does the Depository define non-performing loans and what percent of current loans are so classified? Non-Accrual Non-Accrual Non-Accrual Non-Accrual 4. With what money center bank does the Depository Independent Capital One have its primary correspondent agreement? J P Morgan Bankers Bank Bank J P Morgan 5. Name the bank holding company with which the Bancshares, Financial J C Morgan Depository is associated. ANB Corp Inc Group Chase & Co. 6. Is the Depository a branch bank or will it soon become a branch bank? Branch Branch Branch Branch 7. Indicate the Depository's capital to assets ratio for the last five years. Acceptable Acceptable Acceptable Acceptable 8. What was the Depository's return on assets for the last audited fiscal year? Acceptable Acceptable Acceptable Acceptable 9. Has the Depository had any significant problems Normal course noted by regulatory agencies in the past 24 months? No No No of business 10. Please list other public funds customers in the Included in Included in Included in Included in Dallas area that the Depository currently serves RFP ,RFP RFP RFP 11.Based on the City's monthly activity, list minimum ledger and collected balances required to earn interest. No Minimum No Minimum No Minimum No Minimum 12. Explain the Depository's availability schedule and an explanation of funds credit with the Depository doing the City's encoding. Included Included Included Included 13. Explain the parameters of the Depository's sweep account service where excess funds are invested at a higher rate overnight. Not included Not included Not included Included Analysis of Submittal Documents DEPOSITORY INFORMATION American Inwood Capital J P National National One Morgan Information Requested Bank Bank Bank Bank 14. Describe any other cash management or depository service that could be offered to the City. List all charges that may apply. Included Included Included Included 15. Each deposit batch, with adding machine tape, is sealed in plastic deposit bags and deposited directly to the Depository by courier. If errors occur, the City requires a credit or debit advice to be mailed to the City immediately after the account has been adjusted. Notification should include a copy of the City's tape showing the item in question and/or a copy of the check in question along with other appropriate documentation attached to justify the correction. Phone notification is preferred for material amounts. State any other procedure for deposits that the depository would recommend or require. Acceptable Acceptable Acceptable Acceptable 16. If the master account has not been properly funded due to late notification, what procedure does the Check other Depository follow to assure payment on these checks? Line of Credit Accounts Line of Credit Line of Credit 17. What is the Depository's internal review and Account Account Account Account approval process for releasing such transfers? Manager Manager Manager Manager 18. Does the depository have an established maximum dollar value limit which may not be exceeded by an individual check? Are there any other restrictions regarding individual check amounts? No No No No 19. The City transmits direct deposit information in NACHA format via a computer and modem for citizen water bills, payroll, and medical premiums. Please list appropriate cut-off times that would apply. On-line banking services for ACH transmittal is preferred. Please state the Depository's on-line services On-line is On-line is On-line is On-line is regarding ACH files. available available available available Analysis of Submittal Documents DEPOSITORY INFORMATION American Inwood Capital J P National National One Morgan Information Requested Bank Bank Bank Bank 20. Does the Depository offer a program which allows payroll to be paid to employees through a debit card rather than issuing checks and/or direct deposit to the employee's checking account? Not at this time Not at this time Yes Yes 21. State whether the Depository offers or requires a check fraud control service. No No No No 22. State whether the Depository would offer any type of special programs or other incentives for City employees. Yes Yes Yes Yes 23. Please describe the process by which service problems can be resolved. What person or organization unit is available for complaint or problem Account Account Account Account resolution? Manager Manager Manager Manager 24. The City requires on-line services for account balance inquiry, reports, stop payments, ACH transactions, and wires. Describe the Depository's on- Included, will Included, will Included, will Included, will line internet banking services to be provided to the City be evaluated be evaluated be evaluated be evaluated and the associated costs. separately separately separately separately Analysis of Submittal Documents REQUIRED SERVICES American Inwood Capital J P National National One Morgan Items Requested Bank Bank Bank Bank 1. Daily on-line balance reporting The Depository will provide a personal computer based on-line account information reporting system which will provide daily ledger balances, collected and available balances, a detail of all debits and credits, current day controlled disbursement reports, and daily ACH reports. The system will allow for tracking of cash flow. The system will also enable the research of specific account transactions and include historical Included, but Included, but Included, but Included, but account information. Internet services for daily on-line will be will be will be will be balance reporting provided by the Depository will be evaluated evaluated evaluated evaluated noted in the proposal. separately separately separately separately 2. Sweep Account Provisions The Depository shall provide "sweep" accounts. All daily ending balances will be invested overnight (repo's or money markets, etc.). The Depository will "automatically sweep" the City's excess cash into overnight and weekend investments. The market value of securities used to secure the short-term investments must be at least 105 percent of the cost of the short-term investment. All interest earned on overnight investments will be automatically accrued, on a daily basis, and credited to the General Operating account on a daily basis. Proponent must include details of the Depository's sweep account provisions and a prospectus of the investment securities that are used for sweep accounts. n/a n/a n/a n/a 3. Deposit Availability The City will receive same day credit for all funds deposited and will receive the best availability on deposits as well as any future improvements to the availability schedule. Proponent must include a deposit availability schedule with the proposal. Provide the name and address of the deposit location Evaluated Evaluated Evaluated Evaluated that will receive the City's deposit. Separately Separately Separately Separately Analysis of Submittal Documents REQUIRED SERVICES American Inwood Capital J P National National One Morgan Items Requested Bank Bank Bank Bank 4. Wire Services The Depository will maintain wire transfer facilities to the Federal Reserve Bank for transactions with financial institutions. The Depository will provide on- line access for confirmation of incoming and outgoing wire transfers. The City has repetitive wire transactions for investments, debt service payments. In the event of computer problems or other unexpected difficulties, the Depository will use whatever means necessary to ensure that the City's outgoing wire transfers are completed on the date specified through City initiated instructions. The on- line service will provide wire confirmation data . Acceptable Acceptable Acceptable Acceptable 5. General ACH ("ACH") Services The Depository will be required to process weekly ACH transfers in NACHA format. Currently the City uses software provided by the Depository and transmits the file via a computer and modem. The City wishes to transmit this file via the internet using on-line banking tools. Future payments to vendors may be done by ACH transfers; however, the volume at this time is unknown. Acceptable Acceptable Acceptable Acceptable 6. Returned Items All checks deposited by the City that do not clear the first time, will be submitted a second time before returning them to the City. Returned checks that do not clear on the second attempt will be returned to the City within two business days. The City will receive same-day telephone notification of all returned items in excess of$500. The City will not be charged to redeposit return items the second time. Acceptable Acceptable Acceptable Acceptable 7. Stop Payments The City requires on-line stop payment services via the internet. The service will include processing and confirmation of each stop payment. The stop payment will be in effect for a minimum of 180 days following submission to the financial institution. If a fraud detection system is implemented, stop payments will be replaced by the fraud detection system. Acceptable Acceptable Acceptable Acceptable Analysis of Submittal Documents REQUIRED SERVICES American Inwood Capital J P National National One Morgan Items Requested Bank Bank Bank Bank 8. Credit Card Merchant Services The Depository will provide major credit card merchant sales invoice processing services for all City locations accepting credit cards. Currently the City accepts MasterCard and VISA with sales ranging from $45,000 to $110,000 per month depending on the City's activities. The Depository will process credit card Included, but Included, but Included, but Included, but receipts including: deposits, chargeback's, statement will be will be will be will be reporting and credit refunds. The proponent must evaluated evaluated evaluated evaluated state per item processing fees and any additional fees separately separately separately separately 9. Deposit Bags The Depository will provide the City with plastic tamperproof deposit bags at no charge. Acceptable Acceptable Acceptable Acceptable 10.Check Cashing/Payroll Pay Card The Depository will agree to cash, without charge to the City or City employee, a City employee's reimbursement or payroll check issued on a City account, whether or not the City employee maintains an account with the Depository. If a pay card program is implemented, employees will not be charged any transaction fees for using the pay card. Acceptable Acceptable Acceptable Acceptable 11. Lockbox Services The City utilizes a lockbox system for processing water, sewer and trash payments. Please provide Included, but Included, but Included, but Included, but lockbox policies and procedures for your lockbox will be will be will be will be services and if these services are provided in house or evaluated evaluated evaluated evaluated by outside vendors. separately separately separately separately 12. Research Requests All research requests will be turned around within three (3) business days of the request. Acceptable Acceptable Acceptable Acceptable 13. Communication with the Depository The City requires e-mail and voicemail services with the Depository along with direct communication with an account representation. Acceptable Acceptable Acceptable Acceptable Analysis of Submittal Documents REQUIRED SERVICES American Inwood Capital J P National National One Morgan Items Requested Bank Bank Bank Bank 14. Account Maintenance Services The cut-off date for account statement purposes for all City accounts shall be the last business day of each month. On-line services should provide easy access to monthly account statements, canceled check records, and debit and credit slips on all accounts. Proponent must include a sample bank statement with their proposal. Acceptable Acceptable Acceptable Acceptable 15. Transaction Imaging The Depository will provide for image capturing of all monthly transactions on CD-ROM media. This process will allow the City to search for cleared transactions and print the image of the transaction (i.e., checks, deposits, etc.). Include any software costs associated with this service on the proposal form. If this service is unavailable, please provide an alternative service and related pricing. Yes Yes Yes Yes 16. Account Analysis Statements The City will require an account analysis statement to be presented to the City within five (5) days after the cut-off date. All accounts will be grouped within one account analysis to obtain the maximum credit for balances. On a quarterly basis, any excess/shortfall of earnings credit will be credited/debited to the City's Could not Was not account once base charges are calculated using the determine included in account analysis procedure stated below. from RFP RFP Included Included 17. Pledged Securities Limit Please state the maximum amount, if any, of pledged securities which the Bank is willing or able to commit for collateralized deposit accounts through the contract period. No Limit No Limit No Limit No Limit 18. Transition Schedule Please provide a schedule documenting the transition of the City's banking services from the current depository to your institution N/A Not Included Yes Yes IAt Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 10, 2006 Item Number: 5 Department: Finance (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: 5181-56680 Date Prepared: September 28, 2006 Budgeted Amount: $ 1,145,000 Exhibits: Ordinance, Exhibits Subject Consider and act upon Ordinance No. 2006-61 amending Ordinance No 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Subsection 9.01 (Residential Fees; Deposits); providing for an effective date of this ordinance; and providing for the publication of the caption of this ordinance. Recommendation A motion to approve Ordinance No. 2006-61 amending Ordinance No 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Subsection 9.01 (Residential Fees; Deposits); providing for an effective date of this ordinance; and providing for the publication of the caption of this ordinance. Discussion On February 14, 2006, the City Council amended the solid waste and recycling contract with Allied Waste Systems, Inc. A major effect of the amended contract was to increase the fees charged to the City for residential trash pickup from $8.60 to $9.85 per month, effective March 1, 2006. This represented an increase of 14.5 % or $1.25 a month. The City has maintained its trash rate to city residents of$9.86 per month, effectively absorbing the new rate increase during FY 2005-2006. With the new increase in cost, the City is currently purchasing the service for $9.85 a month and selling the service for$9.86. Under the prior rate structure, the city purchased trash service and marked it up 14.6 % to offset the City's cost of administration, billing, mailing, collecting and bad debt expense. In order to maintain this operating margin going forward, the new trash rate charged to City customers would have to be increased to $11.30. This equates to $1.44 per month or$17.28 annually per City customer. The FY 2006-2007 budget for trash expenses is short $200,000; however, this shortfall will be offset by trash revenues. A mid-year budget amendment will be requested to increase both revenues and expenses by this amount. Approved By Initial Date Department Director LW 9-28-06 City Manager itiAk 0 ,0 6 Page 1 of 1 ORDINANCE NO.2006-61 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS; AMENDING ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE SCHEDULE ORDINANCE), SUBSECTION 9.01 RESIDENTIAL FEES; DEPOSITS); PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has determined that it is necessary and in the best interests of the City of Wylie to adopt the amendments to Section 9.01 (Residential fees; deposits)of Ordinance No. 98-16 as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Subsection 9.01 (Residential fee; deposits are hereby amended to read as follows: (a) The collection and removal of garbage and brush in one polycart container from residential premises, one time per week shall be made for a fee charge of$11.30 per residential unit for each calendar month. (b) Non residential customers shall be required to make a deposit equivalent to three months' charges or a minimum of$34.00. (c) Residential fees for each unit of single-family detached or duplex (not master metered) either curbside or alley side service, shall be $11.30 per month and shall be charged each month on the utility bill. (d) The following collection fees are based upon the type of establishment or collection,to wit: Type Charges per Month Duplex, per unit $11.30 Multifamily $11.30 Trailer park $11.30 SECTION 4: Savings/Repealing Clause. All provisions of Wylie Ordinance No. 98-16 shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they Ordinance No.2006-61 Trash Fees Increase Page 1 are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 10th day of October, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—October 18,2006 Ordinance No.2006-61 Trash Fees Increase Page 2 Exhibit A Analysis of Operating Margins on Trash Monthly Monthly Cost of Price Operating Year Service Charged Margin 1999 8.09 9.64 19.1595% 2000 8.31 9.86 18.6522% 2001 8.60 9.86 14.6512% 2002 8.60 9.86 14.6512% 2003 8.60 9.86 14.6512% 2004 8.60 9.86 14.6512% 2005 8.60 9.86 14.6512% 2006 9.85 11.30 " t 3r„, #, Proposed EXHIBIT B CITY OF WYLIE,TEXAS EFFECTIVE MARCH 1,2006 REFUSE AND RECYCLING SERVICE: MARCH 2006 Rate Residential-Single Family $9.85 Duplex Unity-Per Unit $9.85 Trailer Park-Per Unit $9.85 Additional Polycart Container,Per Unit $3.50 COMMERCIAL SERVICE: 1 x wk 2 x wk 3 x wk 4 x wk 5 x wk EXTRA CU YD 2 cu yd $ 50.49 $107.79 $143.27 $ 38.21 3 cu yd $ 69.58 $129.61 $200.58 $ 38.21 4 cu yd $103.70 $165.10 $233.32 $ 38.21 6 cu yd $121.43 $197.83 $293.35 $375.35 $467.55 $ 43.67 8 cu yd $148.72 $255.14 $339.74 $409.60 $491.26 $ 43.67 DELIVERY/EXCHANGE OF FEL CONTAINERS: $60.91 ROLLOFF CHARGES: 35 or 42 cu. yd. Compactor Containers,Per Haul $341.11 (Includes disposal, does not include equipment) 30 or 40 cu. yd. Open-top Rolloff Containers, $307.00 Per Haul (Includes disposal) Daily Rental $ 8.53 Delivery/Exchange $ 91.37 SPECIAL CHARGES: Special Bulk Pickup(1 hr. min) $ 95.00 Polycart Container Replacement $ 75.00 Returned Check Charge $ 30.00 CITY BILLS RESIDENTIAL ALLIED BILLS COMMERCIAL&ROLLOFF(Includes 15% Contractor Fee) CONTACT UTILITY BILLING 972.442.8131 -FAX 972.442.8105 440149-4 .,.... Councilman Discussion Councilwoman Allen stated that Stone Road as designated in the Agreement does not exist. The road actually is called FM 544. She explained that Councilman Newsom looked into this issue and found this to be true. She requested that this be changed. Ms. Fort stated that in 5A the reference to Stone Road needed to be stricken and leave FM 544 in the final agreement. Councilman Young asked that in the future,the maps presented to Council be made larger for review. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to authorize the City Manager to sign a Development Agreement, subject to approval by the City Attorney's Office, including all item changes discussed tonight between the City of Wylie and Braddock Place Estates, Ltd. A vote was taken and passed 7-0. Tabled Item from 1-24-06 Motion to remove from table and: Council Action A motion was made by Mayor Pro Tern Hogue to remove Item #3 (contract between the City of Wylie and Allied Waste Systems, Inc.) from the table and discuss and consider action. Consensus of Council was to remove and discuss and consider action. 3. Consider and act upon an Amended Solid Waste and Recycling Contract between the City of Wylie and Allied Waste Systems, Inc. (M. Roath/J. Fort, City Manager and City Attorney, Respectively) Staff Comments City Manager Roath addressed Council stating that the existing contract for solid waste and recycling was entered into on September 1, 2001 with Browning-Ferris, Inc., for a period of(5) years. Subsequently, the City approved an extension of the current contract to August 31, 2008. In 2004, representatives of Trinity Waste Systems contacted the City staff to solicit changes to the existing contract as well as a rate increase. (Note: The City bad granted the last solid waste/recycling increase in September, 2001.) Thereafter, the City Manager and Ms. Julie Fort, City Attorney's Office, commenced negotiations with representatives of Trinity—that is, with the aim of improving service delivery for the remainder of the contract period and/or until August 31,2008. On January 24th,the City Council considered and tabled action on the proposed Agreement until its meeting of February 14, 2006. Subsequently, Ms. Julie Fort and I met with representatives of Allied Waste Systems, Inc., about further changes to the proposed Agreement based on comments made by the City Council. Specifically, we requested that Allied Waste Systems, Inc., agree (1) to change the liquidated damages amount in Section 5.14 from ten dollars ($10.00) to twenty-five dollars ($25.00)—that is, should they fail to collect residential solid waste and recycling within 24-hours of being notified by the City to do so;(2)to change the polycart container penalty fee from two dollars($2.00)to five dollars($5.00)for each container not delivered to a new customer at move-in or within two (2) days after the day of request from the City, whichever is later; and (3) to add the following sentence to Section 5.04, "Contractor shall continue to provide services under this Agreement until the effective date of the termination." Beyond these proposed changes requested by the City, Allied Waste Systems, Inc., representatives indicated that they were seeking approval to provide improved service in recycling—that is, to purchase and distribute polycart containers in lieu of the smaller containers now used in the City. As of this date, they have not received permission to expand this service from their corporate office; but,they expect to know by the Council meeting. Because of the potential change in recycling service, the City has included additional language in this proposed Agreement, which would allow for the improved recycling service should it become available during the term of this contract. Mr. Roath explained that Mr. Reid Donaldson,Manager for Allied Waste Systems, is available as is Julie Fort to answer any questions. Minutes—February 14,2006 Wylie City Council Page 4 Allied Waste Representative/Council Discussion Mayor Mondy asked in Paragraph 5.14 "Liquidated Damage", is the penalty enforced only if Allied does not come within 24 hours? Mr. Roath responded yes it was per occurrence. Mr. Roath explained that the penalty was three times the fee charged per month. Mayor Mondy commented that for the$25.00 late fee, it was more lucrative for Allied to wait and pay the penalty rather than sending a truck and driver. Mayor Mondy asked what staff was advising on the fuel surcharge. Mr. Roath stated that was addressed in Item C of the proposed contract. He explained that Mr. Donaldson was present to address this and other issues. Mr. Donaldson explained that the fuel surcharge was based on the CPI rate and is an increase of 6%of the rate now charged. City Attorney Fort stated that this 6%relates to $.51 cents of the increase. Mr. Donaldson explained that 8% was the norm but Allied picked a rate that would be satisfactory to both the City and Allied. Mayor Pro Tem Hogue asked who would receive the complaint calls. He stated that if Allied was receiving the calls, it was like the "fox watching the hen house". Mr. Roath explained that there was a complaint mechanism in the contract whereby if a complaint was lodged; the City would get a copy of said complaint. Allied is required to have an office manager available from 8:00 a.m.to 5:00 p.m.Monday through Friday and even after hours to handle complaints for the City and to give a log of these complaints to the City on a weekly basis. Mayor Mondy asked what the total increase is and what it includes. Mr. Donaldson replied that the total increase was 14.5% which included 2.5% for an increase from the City of Garland for the landfill, 6% is a CPI increase, and 6% for fuel surcharge. Both of the landfill and CPI increases were included in the original contract. He noted that the City of Garland had gone up on their landfill fee six months ago and Allied has been paying the difference since that time. This increase totals to $1.25 increase per month per household. Mayor Mondy asked what CPI was. Mr. Donaldson explained that CPI(Consumer Price Index)is ranked on a scale and is an urban index,rated every year. The rate is figured differently in national areas and the CPI used in this configuration was based on the DFW area. Councilman Newsom asked about recycling carts. Mr. Donaldson stated he had been on the phone with corporate earlier in the day, and stated that he was 99% sure this would happen but the cost to Allied would be $700,000 and is contingent on the increase requested tonight. He stated that he was fairly sure it would happen within the next couple of months if all requests for increases were approved by council; however he could make no guarantees. Ms. Fort, representing the city attomey's office stated that the contract was adjusted so if the recycle carts were available to the City, those issues were covered in the revised agreement.Mayor Pro Tern Hogue asked how many complaints the City and Allied had received since the last Council meeting. Mr. Roath replied that the City had not received any complaints. Mr. Donaldson stated that Allied had received 12 complaints from Wylie residents and all complaints had been handled to the customer's satisfaction. Mayor Pro Tern Hogue asked what would happen if by this time next year, the complaints had accumulated in large numbers as they did this year. City Manager Roath explained that there were several measures available to the City in this event. He explained that one measure was the$25.00 late fee. City Attorney Fort added that in the weekly report that Allied is required to provide, there is a requirement of 95% performance standard and if Allied fell below this percentage, termination could be initiated. Mayor Pro Tern Hogue stated that his problem with the increase was the large amount of complaints presented to Council at the last Council meeting. Councilman Newsom stated that Allied was due two of the three increases requested tonight by the standing contract between Allied and the City. Mayor Mondy stated that he felt they were also due the fuel surcharge. Councilman Porter stated he felt that increases were required to keep businesses operating. He also stated that he felt the complaints had been handled. Council Action A motion was made by Councilman Newsom, seconded by Councilwoman Allen to approve an Amended Solid Waste and Recycling Contract between the City of Wylie and Allied Waste Systems, Inc. A vote was taken and passed 6-1 with Mayor Mondy, Councilwoman Allen, Councilman Newsom, Councilman Young, Councilman White, and Councilman Porter voting for and Mayor Pro Tem Hogue voting against. 4. Consider and act upon authorizing the Mayor to enter into an agreement with Public Sector Personnel Consultants,in the amount of$20,500.00, for compensation study services. (J. Butters, Chief of Police) Staff Comments Task Force Chairman, Chief Jeff Butters addressed Council stating that the City Manager appointed a compensation task force made up of seven City employees.The task force is charged with overseeing a compensation study which will review our current pay plan and suggest updates and or revisions. Mr. Butters explained that the purpose of the study was to put Minutes—February 14.2006 Wylie City Council Page 5 7411 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 10, 2006 Item Number: 6 (City Secretary's Use Only) Department: City Manager Prepared By: Mindy Manson Account Code: Date Prepared: October 5, 2006 Budgeted Amount: $ 133,000 Exhibits: 1 Subject Consider, and act upon, approval of a Retainer Agreement between the City of Wylie and Abernathy, Roeder, Boyd &Joplin, P.C. and authorizing the Mayor to execute any and all documents related thereto. Recommendation Motion to act upon approval of a Retainer Agreement between the City of Wylie and Abernathy, Roeder, Boyd &Joplin, P.C. and authorizing the Mayor to execute any and all documents related thereto. Discussion Abernathy, Roeder, Boyd&Joplin have represented the City of Wylie since 1994. For the majority of that time, the Retainer Agreement between the City and the firm has been on a per-hour basis. In April 2005 an Agreement was approved which established an annual retainer of$102,000 and Litigation Services at a rate of $200.00 per hour for Partners, $185.00 per hour for Associates, and $75.00 per hour for Legal Assistants. The attached Retainer Agreement proposed by the firm reverts the City to the type of agreement utilized between the City and the firm from 1994—2005. As proposed, the hourly rates would be $190.00 for Directors, $180.00 per hour for Associates, and $85.00 per hour for Legal Assistants. The proposed rates represent an approximate 2% increase over the rates established in 2003, prior to the 2005 Agreement. The actual costs over the past three budget years have been: 2005-2006 $118,694.65 2004-2005 $120,272.83 2003-2004 $111,633.03 Approved By Initial Date Department Director City Manager MM 10/5/06 Page 1 of 1 ABERNATHY . ROEDER B OYD JOPLIN•P♦ ♦ 1700 Redbud Boulevard,Suite 300•P.O.Box 1210•McKinney,Texas 75070-1210 Metro 214.544.4000•Fax 214.544.4040 ATTORNEYS AT LAW RICHARD M.ABERNATHY rabernathy a@abemathy-law.com Board Certified-Civil Trial Law Direct Dial 214.544.4002 Texas Board of Legal Specialization Qualified Mediator August 21, 2006 Mayor John Mondy and City Council Members City of Wylie 2000 Highway 78 North Wylie, Texas 75098 RE: Abernathy,Roeder,Boyd&Joplin,P.C.'s Representation of the City of Wylie Dear Mayor Mondy and City Council: This firm appreciates the opportunity to represent the City of Wylie in its legal matters. This Retainer Agreement sets forth the agreement between Abernathy, Roeder, Boyd & Joplin, a Professional Corporation, and the City of Wylie in any legal matter it deems appropriate. Our fee is based upon the amount of time we devote to matters referred to us. It is impossible to determine in advance the amount of time necessary to complete any assigned matter. It may be necessary to have other professional in this office perform services on your behalf other than the specific attorney you have retained. We will use our best judgment to determine the most economical use of our attorneys and staff personnel. Billed time includes all time spent on any matters assigned including conferences, telephone calls, e-mails,• investigation, drafting of documents,correspondence,negotiations,legal research,and travel to and from locations away from our office. We charge for telephone time because many times an attorney can accomplish as much in your behalf by telephone as in a face-to-face meeting with you or others. The use of the telephone and e-mail saves your personal time and that of your attorney and results in a lower cost to you. Any figures we quote you for the total cost of our services are merely estimates. Others may engage in activities beyond our control requiring us to expend additional time not originally contemplated. You will receive itemized bills which will be sent on a regular period basis based upon hourly rates presently ranging as follows: 459520.1 Mayor John Mondy and City Council Members - August 21,2006 Page 2 1. Director $190.00 2. Associate $180.00 3. Legal Assistants $ 85.00 Time is billed in units of one-tenth hour each. From time to time our firm is required to adjust its hourly rates to more accurately reflect changing economic circumstances. If this occurs, you will be notified. In addition,you will be responsible for all costs which we may incur on your behalf. These costs include, but are not limited to, copy and telephone expenses. A list of our current fees are attached. The periodic bill which we will mail, usually monthly,itemizes the time and costs charged to your account for that period. If you have any questions regarding the statement,you should feel free to contact Lindsay Alexander in our billing department. All balances on your account are due upon receipt. If you do not timely pay your account we have the right,at our discretion,to withdraw from representing the City. We also have the right, at our discretion, to withdraw from representation if you have misrepresented or failed to disclose material facts to us,if you fail to follow our advice or if for any reason our relationship becomes unworkable. Likewise,you may discharge us at any time for any reason. You will be responsible for any fee and cost incurred prior to our withdrawal or discharge, including time and costs expended to turn over the file(s)and other information to you or substitute counsel. This Agreement contains all of the terms of our financial arrangement with you and can only be modified by a written document signed by all parties except for any hourly rate adjustment as set out above. SIGNED this day of ,2006. ABERNATHY,ROEDER, BOYD CITY OF WYLIE & Mayor John Mondy Richard M. Abernathy 459520.1 LIST OF COSTS Long Distance Telephone Calls(per call) $2.00 Copies (per page) $0.20 Survey Copies (per page) $2.00 Survey Reductions (per page) $4.00 Faxes(per page, sent) $1.00 In-house Courier(Dallas and surrounding cities) $35.00 In-house Courier(local) $10.00 Postage Current U.S. Postal Service Rate 459520.1