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01-23-2007 (City Council) Agenda Packet Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, January 23, 2007 —6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North John Mondy Mayor Carter Porter Mayor Pro Tern Earl Newsom Place 1 M. G. "Red" Byboth Place 2 Eric Hogue Place 3 Merrill Young Place 4 Rick White Place 5 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. 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. January 23,2007 Wylie City Council Regular Meeting Agenda Page 2 of 5 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the January 9, 2007 Regular Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of Resolution No. 2007-04(R) ordering a General Election to be held jointly with the Wylie Independent School District on May 12, 2007 for the purpose of electing two city council members, Places 1 and 3, to the Wylie City Council to fill expired terms. (C. Ehrlich, City Secretary) C. Consider, and act upon, approval of a Joint Election Agreement between the City of Wylie and the Wylie Independent School District (WISD) to be administered by the Collin County Elections Administration, for the May 12, 2007 General Election. (C. Ehrlich, City Secretary) D. Consider and place on file, the Monthly Revenue and Expenditure Reports for the period of August 2006-December 2006. (L. Williamson, Finance Director) E. Consider, and act upon, Resolution No. 2007-05(R) ratifying the execution of a contract with Chase/Paymenteck by the City Manager to provide processing and collection services for the City's credit card receivables. (L. Williamson, Finance Director) F. Consider, and act upon, approval of a Replat subdividing one lot into two commercial lots for Children's Lighthouse Addition, generally located east of McCreary Road and north of FM 544. (R. 011ie, Planning Director) G. Consider, and act upon, approval of a Final Plat for Woodbridge Parkway R.O.W. Dedication located within the Woodbridge North Subdivision and extending south from Country Club Road(FM 1378)to Hooper Road. (R. 011ie, Planning Director) REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Agriculture (A) to Neighborhood Services (NS) District to allow for commercial development, generally located at the southwest corner of Brown Street and Country Club Place. ZC 2006-16 (R. 011ie, Planning Director) Executive Summary The applicant has decided not to move forward with the request, and request that the zoning case be withdrawn from consideration. However, because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, and then accept the applicant's request for withdrawal. January 23,2007 Wylie City Council Regular Meeting Agenda Page 3 of 5 2. Hold a Public Hearing and consider, and act upon, amending the zoning from Agriculture (A) to Neighborhood Services (NS) District to allow for commercial development, generally located south of Brown Street and east of Kreymer Road. ZC 2006-17 (R. 011ie, Planning Director) Executive Summary The applicant has decided not to move forward with the request, and request that the zoning case be withdrawn from consideration. However, because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, and then accept the applicant's request for withdrawal. General Business 3. Consider, and act upon, Resolution No. 2007-06(R) endorsing the "Joint Recommendation for Regional Rail in North Central Texas" as approved by the Boards of Dallas Area Rapid Transit (DART), Denton County Transportation Authority (DCTA) and the Fort Worth Transportation Authority (THE T) that supports the concept of local option funding of public transit in the region. (M. Manson, City Manager) Executive Summary The Chair of the Regional Transportation Council(RTC)contacted Mayor Mondy requesting that the City of Wylie consider the attached Resolution supporting the "Joint Recommendation for Regional Rail in North Central Texas". The recommendation was approved by the governing Boards of DART,DCTA,and The T in order to support a regional rail effort and to encourage the State Legislature to pass legislation which would allow the local option of funding public transit by exempting an amount equal to the locally authorized transit sales tax from the 2% cap in the 9 county area covered by the North Central Texas Council of Governments(NCTCOG). 4. Consider, and act upon, Ordinance No. 2007-02 granting to Atmos Energy Corporation, a Franchise Agreement to construct, maintain, and operate pipelines and equipment in the City of Wylie for the transportation, delivery, sale and distribution of gas in, out of, and through the City of Wylie for all purposes and providing for the payment of a fee or charge for the use of right of ways. (J. Butters, Assistant City Manager) Executive Summary The Franchise Agreement with Atmos Energy has expired. The agreement proposed was prepared by Attorney Julie Fort representing the City of Wylie and Steve Mathews representing Atmos. The attached Ordinance grants Atmos a Franchise Agreement to construct, maintain, and operate pipelines and equipment in the City of Wylie. 5. Consider, and act upon, authorizing the City Manager to negotiate a two-year agreement for Panda Cup USA 2007 and 2008. (M. Witter, Public Information Officer) Executive Summary The City of Wylie has been approached by Zen Sports Group LLC(Zen)to serve as a venue host for Panda Cup USA 2007 and 2008. The proposed dates for Panda Cup USA 2007 are April 20 and 21,2007. Panda Cup USA is an international soccer event featuring professional, collegiate and competitive female soccer teams with games scheduled at venues across Texas and Oklahoma. There is the opportunity for the City to generate revenue, such as ticket sales and sponsorships, which will offset the majority of costs for this event. If approved,City staff will present budget amendments relating to this event prior to the event date. January 23,2007 Wylie City Council Regular Meeting Agenda Page 4 of 5 6. Consider and place on file the Wylie Economic Development Corporation Annual Report. (S. Satterwhite, WEDC Executive Director) Executive Summary As per the WEDC By-laws,each year by January 31s`,the WEDC must present to the Wylie City Council its Annual Report. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III,Section 13-D. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001,et.seq. Texas Government Code,to wit: Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at: • Located on Hensley Lane between Hooper and Sanden Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at: • Located on Alanis Drive between Ballard Avenue and FM 544 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: 1. Consider, and act upon, approval of Resolution No. 2007-07(R) determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Hensley Lane paving project; establishing procedures for the acquisition, by purchase or condemnation, of property. Executive Summary The subject property is approximately 17 acres of land located along Hensley Lane adjacent to Founders Park. The property is necessary for the expansion of the park and for the future realignment of Hensley Lane. The City received a grant from Collin County in the amount of$163,000 for the purchase of the park property. The City's right of way agent has been in contact with the property owner and he is recommending that the City make a final offer. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001,et.seq. Texas Government Code,to wit: Section 551.074 Personnel Matters; Closed Meeting • To deliberate the Evaluation of the City Manager January 23,2007 Wylie City Council Regular Meeting Agenda Page 5 of 5 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 19`h day of January, 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole ••• 4, .. .. t flAV1 ch,City Secretary `C.): __- :f to Notice Removed -' L Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, January 23, 2007 — 6:00 pm Wylie Municipal Complex —Council Chambers 2000 Highway 78 North John Mondy Mayor Carter Porter Mayor Pro Tern Earl Newsom Place 1 M. G. "Red" Byboth Place 2 Eric Hogue Place 3 Merrill Young Place 4 Rick White Place 5 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. 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. January 23,2007 Wylie City Council Regular Meeting Agenda Page 2 of 5 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the January 9, 2007 Regular Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of Resolution No. 2007-04(R) ordering a General Election to be held jointly with the Wylie Independent School District on May 12, 2007 for the purpose of electing two city council members, Places 1 and 3, to the Wylie City Council to fill expired terms. (C. Ehrlich, City Secretary) C. Consider, and act upon, approval of a Joint Election Agreement between the City of Wylie and the Wylie Independent School District (WISD) to be administered by the Collin County Elections Administration, for the May 12, 2007 General Election. (C. Ehrlich, City Secretary) D. Consider and place on file, the Monthly Revenue and Expenditure Reports for the period of August 2006-December 2006. (L. Williamson, Finance Director) E. Consider, and act upon, Resolution No. 2007-05(R) ratifying the execution of a contract with Chase/Paymenteck by the City Manager to provide processing and collection services for the City's credit card receivables. (L. Williamson, Finance Director) F. Consider, and act upon, approval of a Replat subdividing one lot into two commercial lots for Children's Lighthouse Addition, generally located east of McCreary Road and north of FM 544. (R. 011ie, Planning Director) G. Consider, and act upon, approval of a Final Plat for Woodbridge Parkway R.O.W. Dedication located within the Woodbridge North Subdivision and extending south from Country Club Road(FM 1378)to Hooper Road. (R. 011ie, Planning Director) REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Agriculture (A) to Neighborhood Services (NS) District to allow for commercial development, generally located at the southwest corner of Brown Street and Country Club Place. ZC 2006-16 (R. 011ie, Planning Director) Executive Summary The applicant has decided not to move forward with the request, and request that the zoning case be withdrawn from consideration. However, because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, and then accept the applicant's request for withdrawal. January 23,2007 Wylie City Council Regular Meeting Agenda Page 3 of 5 2. Hold a Public Hearing and consider, and act upon, amending the zoning from Agriculture (A) to Neighborhood Services (NS) District to allow for commercial development, generally located south of Brown Street and east of Kreymer Road. ZC 2006-17 (R. 011ie, Planning Director) Executive Summary The applicant has decided not to move forward with the request, and request that the zoning case be withdrawn from consideration. However, because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, and then accept the applicant's request for withdrawal. General Business 3. Consider, and act upon, Resolution No. 2007-06(R) endorsing the "Joint Recommendation for Regional Rail in North Central Texas" as approved by the Boards of Dallas Area Rapid Transit (DART), Denton County Transportation Authority (DCTA) and the Fort Worth Transportation Authority (THE T) that supports the concept of local option funding of public transit in the region. (M. Manson, City Manager) Executive Summary The Chair of the Regional Transportation Council(RTC)contacted Mayor Mondy requesting that the City of Wylie consider the attached Resolution supporting the "Joint Recommendation for Regional Rail in North Central Texas". The recommendation was approved by the governing Boards of DART,DCTA,and The T in order to support a regional rail effort and to encourage the State Legislature to pass legislation which would allow the local option of funding public transit by exempting an amount equal to the locally authorized transit sales tax from the 2% cap in the 9 county area covered by the North Central Texas Council of Governments(NCTCOG). 4. Consider, and act upon, Ordinance No. 2007-02 granting to Atmos Energy Corporation, a Franchise Agreement to construct, maintain, and operate pipelines and equipment in the City of Wylie for the transportation, delivery, sale and distribution of gas in, out of, and through the City of Wylie for all purposes and providing for the payment of a fee or charge for the use of right of ways. (J. Butters, Assistant City Manager) Executive Summary The Franchise Agreement with Atmos Energy has expired. The agreement proposed was prepared by Attorney Julie Fort representing the City of Wylie and Steve Mathews representing Atmos. The attached Ordinance grants Atmos a Franchise Agreement to construct, maintain, and operate pipelines and equipment in the City of Wylie. 5. Consider, and act upon, authorizing the City Manager to negotiate a two-year agreement for Panda Cup USA 2007 and 2008. (M. Witter, Public Information Officer) Executive Summary The City of Wylie has been approached by Zen Sports Group LLC(Zen)to serve as a venue host for Panda Cup USA 2007 and 2008. The proposed dates for Panda Cup USA 2007 are April 20 and 21,2007. Panda Cup USA is an international soccer event featuring professional, collegiate and competitive female soccer teams with games scheduled at venues across Texas and Oklahoma. There is the opportunity for the City to generate revenue, such as ticket sales and sponsorships, which will offset the majority of costs for this event. If approved,City staff will present budget amendments relating to this event prior to the event date. January 23,2007 Wylie City Council Regular Meeting Agenda Page 4 of 5 6. Consider and place on file the Wylie Economic Development Corporation Annual Report. (S. Satterwhite, WEDC Executive Director) Executive Summary As per the WEDC By-laws, each year by January 31st, the WEDC must present to the Wylie City Council its Annual Report. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at: • Located on Hensley Lane between Hooper and Sanden Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at: • Located on Alanis Drive between Ballard Avenue and FM 544 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: 1. Consider, and act upon, approval of Resolution No. 2007-07(R) determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Hensley Lane paving project; establishing procedures for the acquisition, by purchase or condemnation, of property. Executive Summary The subject property is approximately 17 acres of land located along Hensley Lane adjacent to Founders Park. The property is necessary for the expansion of the park and for the future realignment of Hensley Lane. The City received a grant from Collin County in the amount of$163,000 for the purchase of the park property. The City's right of way agent has been in contact with the property owner and he is recommending that the City make a final offer. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Section 551.072 Personnel Matters; Closed Meeting • To deliberate the Evaluation of the City Manager January 23,2007 Wylie City Council Regular Meeting Agenda Page 5 of 5 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 19Ih day of January, 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, January 9, 2007 —6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Carter Porter, Councilman Earl Newsom, Councilman Merrill Young, Councilman Eric Hogue, Councilman Red Byboth, and Councilman Rick White. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Acting Fire Chief, Noe Flores; WEDC Director, Sam Satterwhite; Public Information Officer, Mark Witter, City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Byboth gave the Invocation and Councilman White led the Pledge of Allegiance. PRESENTATION • Recognition of 3rd Six Weeks Star Students—Character Trait"Caring" Mayor Mondy and Mayor Pro Tern Porter presented certificates to Wylie ISD students showing the character trait of"Caring". 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 was no one present to address Council. Minutes—January 9, 2007 Wylie City Council Page 1 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the December 12, 2006 Regular Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of Resolution No. 2007-01(R) establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. (C. Ehrlich, City Secretary) C. Consider, and act upon, approval of a Preliminary Plat creating a single lot for Multi-Family development on 20.500 acres, generally located south of FM 544 between Hooper Road and Wylie High School within the Woodbridge North Subdivision. (R. 011ie, Planning Director) D. Consider, and act upon, approval of a Final Plat creating four (4) commercial/retail lots for Victoria Place Addition, generally located at the northeast corner of SH 78 and Spring Creek Parkway. (R. 011ie, Planning Director) E. Consider, and act upon, Resolution No. 2007-02(R) authorizing the City Manager to enter into an agreement, in the amount of $74,650.00, with Stewart Schwensen Productions for entertainment/staging for the 2007 summer concerts, Wylie Independence Day Celebration and Fall Concert-Wylie Chamber of Commerce Rodeo. (R. Diaz, Assistant Parks Superintendent) F. Consider, and act upon, Resolution No. 2007-03(R) authorizing the City Manager to execute a contract, in the amount of$7,500.00,between BBC Research & Consulting and the City of Wylie for consulting services to provide an economic study for "Fire Development Fees". (S. Seddig, Fire Marshal) G. Consider, and act upon, authorizing the Mayor to execute a Warranty Deed, in the amount of$171,810.00, from Alanis Crossing, Ltd. for purchase of the right of way for Alanis Drive from Twin Lakes Drive to FM 544. (C. Holsted, City Engineer) H. Consider, and act upon, reimbursement to Braddock Place Estates, Ltd., in an amount not to exceed $153,777.00, for easements related to the Twin Lakes Outfall Sewer line. (C. Holsted, City Engineer) I. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2006. (S. Satterwhite, WEDC Executive Director) J. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of November 30, 2006. (S. Satterwhite, WEDC Executive Director) Minutes—January 9,2007 Wylie City Council Page 2 Mayor Mondy asked that Items B, E, F, G, and H be pulled from the Consent Agenda for further consideration. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to approve Consent Items A, C, D, I, and J of the Consent Agenda as presented. A vote was taken and passed 7-0. REGULAR AGENDA Pulled Items from Consent B. Consider, and act upon, approval of Resolution No. 2007- 01(R) establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. (C. Ehrlich, City Secretary) Councilman Young asked City Secretary Ehrlich if she knew the current subscription count of the Wylie News. City Secretary Ehrlich reported that she did not. Councilman Hogue stated that he believed at the end of last year the subscriptions were around 4,500. Councilman White stated he believed it was now closer to 5,000. E. Consider, and act upon, Resolution No. 2007-02(R) authorizing the City Manager to enter into an agreement, in the amount of $74,650.00, with Stewart Schwensen Productions for entertainment/staging for the 2007 summer concerts, Wylie Independence Day Celebration and Fall Concert-Wylie Chamber of Commerce Rodeo. (R. Diaz,Assistant Parks Superintendent) Councilman Byboth asked Assistant Superintendent of Parks, Robert Diaz if the timing of the September Keith Mitchell Band for the rodeo should have been scheduled for the 14th and 15th to coincide with the Ranch Rodeo. Mr. Diaz stated that the band was very flexible and the dates could be changed to the 14th and 15th of September rather than the 7th and 8th F. Consider, and act upon, Resolution No. 2007-03(R) authorizing the City Manager to execute a contract, in the amount of$7,500.00, between BBC Research & Consulting and the City of Wylie for consulting services to provide an economic study for "Fire Development Fees". (S. Seddig, Fire Marshal) Mayor Mondy asked Captain Seddig to come forward and explain what the Resolution for consulting services, was for. Captain Seddig explained to Council that a couple of years ago, he started communication with Texas Municipal League to promote legislation that would allow impact fees for the Fire Departments. The contract presented tonight is the completion of that effort. He explained that by conducting an economic study of current fire department service levels and associated capital, a cost can accurately be associated with maintaining these service levels. This cost can then be addressed by a "Fire Development Fee" which would then provide a portion of the capital for these service expenditures. G. Consider, and act upon, authorizing the Mayor to execute a Warranty Deed, in the amount of$171,810.00, from Alanis Crossing, Ltd. for purchase of the right of way for Alanis Drive from Twin Lakes Drive to FM 544. (C. Hoisted, City Engineer) Minutes—January 9, 2007 Wylie City Council Page 3 City Secretary Ehrlich reported, for the record, that the Item #G should read: Consider, and act upon authorizing the Mayor to accept a Warranty Deed, in the amount of $171,810.00, from Alanis Crossing, Ltd. for purchase of the right of way for Alanis Drive, from Twin Lakes Drive to FM 544. H. Consider, and act upon, reimbursement to Braddock Place Estates, Ltd., in an amount not to exceed $153,777.00, for easements related to the Twin Lakes Outfall Sewer line. (C. Hoisted, City Engineer) Mayor Mondy asked City Engineer Hoisted if the Southwestern Medical Foundation and Ronny Lynn Klingbeil had been contacted for acquisition of Right-of-Way. Mr. Hoisted replied that he had been in contact with Ronny Lynn Klingbeil and the consultant was in the process of working with Southwestern Medical Foundation. Council Action A motion was made by Councilman Hogue, seconded by Councilman White to approve Items B, E, F, G, and H of the Consent Agenda. A vote was taken and passed 7-0. Public Hearings 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Agriculture (A) to Single Family — 20/26 (SF-20/26) District for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue. ZC 2006-18 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject property is located south of Alanis Drive and west of Ballard Avenue. The applicant is requesting to rezone 1.746 acres to allow for single family residential uses. The subject property has been within the corporate city limits of Wylie since 1988 and was final platted in April 2006. The plat created two single-family residential lots each being 38,028 square feet (0.873 acres) in size. At the time of platting no plans for development were submitted. The applicant now desires to construct a residential dwelling on one lot. Because the property was in a holding zone of Agricultural, it must now convert to permanent zoning prior to construction and prior to the issuance of building permits. The Comprehensive Plan recommends low density residential for the subject property. Public Hearing Mayor Mondy opened the Public Hearing at 6:20 p.m. asking anyone present wishing to address Council on Zoning Case #2006-18 to come forward. No one was present to address Council. Mayor Mondy closed the Public Hearing at 6:20 p.m. Council Action A motion was made by Councilman Newsom, seconded by Councilman Byboth to approve Ordinance No. 2007-01 (Zoning Case #2006-18) amending the zoning from Agriculture (A) to Single Family — 20/26 (SF 20/26) District for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue, with the provision that neither lot (tract) could be further sub-divided. A vote was taken and passed 7-0. Minutes—January 9, 2007 Wylie City Council Page 4 A motion was made by Councilman Newsom, seconded by Councilman Byboth to approve Ordinance No. 2007-01 (Zoning Case #2006-18) amending the zoning from Agriculture (A) to Single Family — 20/26 (SF 20/26) District for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue, with the provision that neither lot (tract) could be further sub-divided. A vote was taken and passed 7-0. Tabled from December 12, 2006 2. (MOTION TO REMOVE FROM TABLE) 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) Council Action A motion was made by Councilman Byboth to remove Resolution No. 2006-26(R)from the table and consider. Consensus of Council was to remove and consider. Staff Comments City Engineer Hoisted addressed Council stating that this item was tabled on December 12, 2006 to allow time for the Engineering Department to contact residents/businesses in the area to obtain more information regarding the proposed options. A meeting was held on December 13, 2006 with representatives from the Town of St. Paul to discuss the alignment alternatives. He reported that out of the meeting, it was determined that the Town of St Paul had previously chosen Option #2 which realigns the intersection east of 1378. He explained that they also indicated that their engineer was working on the intersection with the new alignment and Parker Road and should have something completed within 60 days. Mr. Hoisted commented that he would present a copy to Council when he received it. Mr. Holsted told Council that Mr. Schattner representing lmperium Holdings, LP and addressing the west side of 1378 near the proposed intersection was present for comments. Council Discussion Mayor Mondy asked Mr. Holsted if the Council went with Option #1 or#2, did that mean there would be a controlled intersection. City Engineer Hoisted replied that yes there would be a four way controlled intersection at Parker Road and 1378. City Engineer Hoisted stated that the City of Parker had reported that the businesses currently in the area were in favor of Option #2. He reported that depending on the flow of traffic, TxDOT would decide if the current light was still necessary, once the re-alignment was completed based on traffic flow. Councilman Byboth commented that he liked option #3. City Engineer Hoisted replied that the problem with options #3 and #4 was, if the city chooses one of those options, there would be no unity between the cities affected by the alignment; thereby leaving that final choice to TxDOT. Councilman Young ask if Option#1 and #2 were the most cost effective. Mr. Holsted replied that Option #2 and #3 were about the same with Option #2 being the most cost effective. Mayor Mondy asked Mr. Schattner to come forward and give his opinion regarding the realignment of 1378. Mr. Stephen Schattner, President of lmperium Holdings, LP, 6350 LBJ Freeway, Dallas Texas and owner of the west portion of property located near the proposed alignment, thanked Council for the opportunity to address them. He explained that he was coming before Council tonight, not to propose one alignment over the other but rather to give an unbiased opinion based on prospective businesses looking at the area for future sites. He stated that the timing of the alignment of Parker Road and 1378 was the most important issue. He explained that time kills all deals and commented that until this alignment is completed; new business would not be willing to locate in the area. He explained that with regard to alignments#3 and #4, you are taking off from the county alignment and creating a new alignment that will require approval by all cities involved and adds the City of Parker to that list. The consequence of this decision and the eventual sequence of events will add an additional 2 to 4 years to the project. The effect this will have on businesses will be that businesses will move to the west, north or east. He also stated the importance of the extension of F.M. 1378 as it extends to the north. He recommended that the best thing Wylie could do at this point would be to extend F.M. 1378 north to include the 900 feet north of F.M. 2514. He commented that the faster this could be completed the better chance Wylie had for business development Minutes—January 9,2007 Wylie City Council Page 5 Council Action A motion was made by Councilman Hogue, seconded by Councilman Young to approve Resolution No. 2006-26(R) supporting Option # 2 for the alignment of Parker Road (2514) and F.M. 1378. A vote was taken and passed 7-0. 3. Consider, and act upon, the appointment of a Board of Directors member of the North Texas Municipal Water District (NTMWD) to complete an unexpired term beginning January 2007 and ending May 31,2007. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the Board of Directors of North Texas Municipal Water District is a policy making body similar in nature to the City Council. The Board is responsible to both the State of Texas and to the member cities for assuring that NTMWD operations occur in accordance with state and federal law, in alignment with NTMWD policy, and in the best interests of the cities receiving services. The City of Wylie has two board member positions on the NTMWD Board: Mr. Marvin Fuller whose term expires May 31, 2008 and a position that is vacant due to the passing of long time resident and NTMWD Board member Harry Tibbals, whose term would expire in May of 2007. Council Discussion Mayor Mondy stated that he had been in contact with North Texas Municipal Water District and it was determined that there were twenty four members serving on the board; the immediate appointment of another board member was not necessary to the function of the district. Mayor Mondy suggested that the Council waive appointing someone at this time; in respect for the service Mr. Tibbals has provided to the community over the years, and the memory of long time resident and board member Harry Tibbals. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tem Porter to table Item #3, the appointment of a Board of Directors member of the North Texas Municipal Water District (NTMWD) to June of 2007 to coincide with the appointments of other Boards and Commissions, in memory of long time Wylie resident and (NTMWD) board member Harry Tibbals. A vote was taken and passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the Ordinance caption to Ordinance No. 2007-01 into the official record. Mayor Mondy announced that the Executive Session regarding Section 551.071 and Section 551.072 to discuss issues related to property near the intersection of F.M. 544 and S.H. 78 was cancelled. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq, Texas Government Code,to wit: Minutes—January 9, 2007 Wylie City Council Page 6 Section 551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding: • issues related to property near the intersection of F.M. 544 and S.H. 78 Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at: • near the intersection of F.M. 544 and S.H. 78 ADJOURNMENT With no further business before Council, Councilman Hogue made a motion to adjourn at 6:35 p.m. Councilman Newsom made the second. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—January 9,2007 Wylie City Council Page 7 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 23, 2007 Item Number: B Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: N/A Date Prepared: January 10, 2007 Budgeted Amount: N/A Resolution,Notice of Exhibits: Election, Election Calendar Subject Consider, and act upon, approval of Resolution No. 2007-04(R) ordering a General Election to be held jointly with the Wylie Independent School District on May 12, 2007 for the purpose of electing two city council members, Places 1 and 3, to the Wylie City Council to fill expired terms. Recommendation A motion to approve Resolution No. 2007-04(R) ordering a General Election to be held jointly with the Wylie Independent School District on May 12, 2007 for the purpose of election two city council members, Places 1 and 3, to the Wylie City Council to fill expired terms. Discussion The offices of Council Places 1 and 3 will expire in May of 2007. By the proposed Resolution, the City Council will order a General Election to be held jointly with the Wylie Independent School District on May 12, 2007. There will be one election with Places 1 and 3 for the Wylie City Council positions appearing on one ballot. This Resolution stipulates the polling places where qualified voters can cast ballots for the election. It also outlines the early voting by personal appearance locations. Early voting by personal appearance shall be available at the Collin County Elections Office, 2010 Redbud Blvd. Suite 102, McKinney, Texas, and Wylie Municipal Complex, 2000 N. Highway 78, Wylie, Texas beginning on Monday, April 30, 2007 through Tuesday, May 8, 2007 during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Thursday, May 3, 2007 from 8:00 a.m. to 7:00 p.m., Saturday, May 5, 2007 from 8:00 a.m. to 5:00 p.m. and May 7, 2007 and May 8, 2007 from 7:00 a.m. to 7:00 p.m. Applications for a ballot by mail shall be requested from and mailed to the Collin County Elections Administration Office, Attn: Elections Administrator, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. Applications for ballots by mail must be received no later than the close of business on May 4, 2007. Approved By Initial Date Department Director CE 01/10/07 City Manager 17A J /117 Page 1 of 2 RESOLUTION NO. 2007-04(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,TEXAS,ORDERING THE GENERAL ELECTION TO BE HELD JOINTLY WITH THE WYLIE INDEPENDENT SCHOOL DISTRICT AND ADMINISTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATOR ON MAY 12, 2007, FOR THE PURPOSE OF ELECTING THE POSITION OF TWO(2)MEMBERS,(PLACE 1 AND 3), TO THE WYLIE CITY COUNCIL TO HOLD OFFICE FOR A PERIOD OF THREE YEARS; DESIGNATING LOCATIONS OF POLLING PLACES; DESIGNATING FILING DEADLINES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, THAT: SECTION 1: An election is hereby ordered to be held jointly with the Wylie Independent School District on Saturday,May 12,2007,for the purpose of electing two(2)City Council members to fill the following expiring terms on the Wylie City Council; Place 1 and Place 3. SECTION 2: The Election Day polling places where qualified voters shall cast ballots at such locations in the City of Wylie, 2007 General Municipal Election are as follows: County Election Precincts- Polling Place Precinct 25, 144, 153 & 159 (Collin Co.) Southfork Mobile Home Park 216 Southfork Blvd. Wylie, Texas Precincts 27, 33, 41, 56, 83,133 (Collin Co.) Wylie Bible Church Precincts 1A(Rockwall Co.) 109 W. Jefferson Precinct 2601 (Dallas Co.) Wylie, Texas Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election. SECTION 3: Early voting by personal appearance shall be available at the Collin County Elections Office, 2010 Redbud Blvd. Suite 102, McKinney, Texas, and Wylie Municipal Complex, 2000 N. Highway 78, Wylie, Texas,beginning on Monday, April 30,2007 through Tuesday,May 8, 2007 during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Thursday,May 3,2007 from 8:00 a.m.to 7:00 p.m.,Saturday,May 5,2007 from 8:00 a.m.to 5:00 p.m. and May 7,2007 and May 8,2007 from 7:00 AM to 7:00 PM. Applications for ballot by mail shall be requested from and mailed to the Collin County Elections Administration Office, Attn: Elections Resolution No.2007-04(R) Order of May 12,2007 General Election Page 1 Administrator, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. Applications for ballots by mail must be received no later than the close of business on May 4, 2007. SECTION 4: Candidates must file for a specific place and adhere to the filing deadlines accordingly.Candidate Packets are available in the City Secretary's Office.The candidate filing periods for the General Election for Place 1 and 3; are as follows: General Election Filing for Place 1 and 3 Beginning: February 12, 2007 at 8:00 a.m. Ending: March 12, 2007 at 5:00 p.m. Candidates must file in the City Secretary's Office located at 2000 Highway 78 North, Wylie, Texas. SECTION 5: Direct Record Electronic (DRE)voting machines shall be used in this election for early voting by personal appearance and Election Day voting. Optical-scan ballots shall be used for early voting by mail. SECTION 6: The City Secretary is hereby authorized and directed to publish and/or post, in the time and manner prescribed by law, all notices required to be so published and/or posted in connection with the conduct of this election. The Collin County Election contract shall designate the election judges for the joint election. The election,including providing notice of the election,shall be conducted in accordance with the Texas Election Code and other applicable law, and all resident qualified and registered voters of the City shall be eligible to vote at the election. SECTION 7: The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Texas Election Code and any other state or federal law in carrying out and conducting the election,whether or not expressly authorized herein. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin,Dallas and Rockwall Counties, Texas, on this the 14th day of February, 2007. John Mondy, Mayor ATTEST: Carole Ehrlich,City Secretary Resolution No.2007-04(R) Order of May 12,2007 General Election Page 2 Exhibit"A" MAY 12, 2007 JOINT GENERAL ELECTION City of Wylie and Wylie ISD Early Voting Locations and Hours INMNIOPOttMdttAatfIMPIU ADDRESS, Collin County Election Department 2010 Redbud Blvd. #102 McKinney (Main Early Voting Location) Wylie Municpal Complex 2000 N. Hwy. 78 Wylie Sunday Monday Tuesday Wednesday Thursday Friday Saturday April 29 April 30 May 1 May 2 May 3 May 4 May 5 8am-5pm 8am-5pm 8am-5pm 8am-7pm 8am-5pm 8am-5pm May 6 May 7 May 8 May 9 May 10 May 11 May12 7am-7pm 7am-7pm Election Day 7am-7pm May 12,2007,Joint General Election—WylieCity& WISD 1/9/2007 Page 11 NOTICE OF GENERAL ELECTION To the registered voters of the City of Wylie, Texas: Notice is hereby given that the City of Wylie,Collin County,Texas,has ordered a General Election to be held on May 12,2007 for the purpose of electing Council members for Place 1 and 3.The polling places listed below will be open from 7:00 a.m.to 7:00 p.m.on May 12,2007. CANDIDATE FILING SCHEDULE General Election Filine for Council members for Place 1 and 3 February 12,2007—March 12,2007 at 5:00 p.m. LOCATIONS OF POLLING PLACES Precinct 25 Southfork Mobile Home Center 216 Southfork Blvd.Wylie,Texas Precinct 144 Southfork Mobile Home Center 216 Southfork Blvd.Wylie,Texas Precinct 153 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Precinct 159 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Precinct 27 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 33 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 41 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 56 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 83 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 133 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct lA(Rockwall Co.) Wylie Bible Church 109 W.Jefferson,Wylie,Texas Precinct 2601(Dallas Co.) Wylie Bible Church 109 W.Jefferson,Wylie,Texas Early voting by personal appearance will be conducted each weekday at the following two locations: Main Early Voting location: Branch Early Voting location: Collin County Elections Administration Office Wylie Municipal Complex 2010 Redbud Blvd.,Suite 102 2000 Highway 78 North, McKinney,Texas 75069 , Wylie,Texas 75098 You may vote between the hours of 8:00 a.m.and 5:00 p.m.beginning on Monday,April 30. 2007 through Tuesday,May 8, 2007 during the normal working hours of 8:00 a.m.to 5:00 p.m.with extended voting hours on Thursday,May 3,2006 from 8:00 a.m.to 7:00 p.m.,Saturday, May 5,2007 from 8:00 a.m.to 5:00 p.m.and May 7,2007 and May 8,2007 from 7:00 AM to 7:00 PM. Applications for ballot by mail shall be mailed to: Collin County Elections Administration Office Attention:Elections Administrator 2010 Redbud Blvd.,Suite 102 McKinney,Texas 75069 Applications for ballots by mail must be received no later than the close of business on May 4,2007. Issued this the 23rd day of January,2007 by the Wylie City Council. Signature of Presiding Officer(Oficial que Preside) 442393-v2 AVISO DE ELECCION GENERAL A los votantes registrados de la Ciudad de Wylie,Texas: Se da aviso por la presente que la Ciudad de Wylie,Condado de Collin,Estado de Texas,ha ordenado una Eleccion General que se llevara acabo el 12 de mayo, 2007 con el proposito de elegir a el alcalde y miembros del Concilio para el Puesto 1 y 3. Los centros electorales apuntados abajo estaran abiertos de 7: 00 a.m.-7:00 p.m.el 12 de mayo,2007. HORARIO PARA LA CLASIFICACION DEL CANDIDATO Expediente de la eleccion general para el Alcalde v miembros del Puesto 1 v 3 Del 12 de Febrero,2007 a las 5:00 p.m.del 12 de Marzo,2007 LOCALES DE LOS CENTROS ELECTORALES Recinto 25 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Recinto 144 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Recinto 153 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Recinto 159 Southfork Mobile Home Center 216 Southfork Blvd.,Wylie,Texas Recinto 27 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 33 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 41 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 56 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 83 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 133 Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 1A(Residentes de Wylie-Condado de Rockwall) Wylie Bible Church 109 W.Jefferson,Wylie,Texas Recinto 2601(Residentes de Wylie-Condado do Daaas) Wylie Bible Church 109 W.Jefferson,Wylie,Texas Votacion temprana por apariencia personal se conducira cada dia laboral en los proximos dos locales: Local principal de votacion temprana: Sucursal en Wylie Municipal Complex Condado de Collin 2000 Highway 78 North, Administracion de elecciones del Condado de Collin Wylie,Texas 2010 Redbud Blvd.,Suite 102, McKinney,Texas Usted puede votar entre las horas de 8:00 a.m.-5:00 p.m.,empezando el lunes,30 de april,2007 y terminando el martes,8 de mayo,2007. Horas extendidas para votacion temprana se llevara acabo el jueves 3 de mayo,2007 dentro de las horas de 8:00 a.m.—7:00 p.m.y el sabado 5 de mayo,2007 dentro las horas de las 8:00 a.m.-5:00 p.m. Solicitudes para boletos de votacion por correo deben ser enviadas a: Collin County Elections Administration Office Attention: Elections Administrator 2010 Redbud Blvd.,Suite 102 McKinney,Texas 75069 Las solicitudes para boletos de votacion por correo deben ser recibidas a no mas tardar para el cierre del dia de negocio el 4 de mayo,2007. Publicado este 23 de Enero,2007 por el concilio de la Ciudad de Wylie. Signature of Presiding Officer(Oficial que Preside) 442393-v2 TEXAS MUNICIPAL CLERKS CERTIFICATION PROGRAM :.. ‘ 7A•. Election Calendar For a City's General Election on May 12, 2007 This calendar indicates the dates for actions necessary in a general election of city officers to be held on May 12, 2007. It includes all major actions for which the Election Code prescribes a specific date or deadline for performance, but it does not include all actions (e.g., preparation of ballot boxes and other election equipment and of sets of precinct election forms) for which the beginning date for performance can vary from one city to another depending on local factors. Each city secretary should use the chart in M §9.02 of the Texas Municipal Election Law Manual in conjunction with this calendar to fill in those dates on the city secretary's personal election calendar created in accordance with local conditions [see M §9.03]. The city secretary's personal calendar should also reflect dates that the city secretary prefers in place of the discretionary dates recommended in this calendar. Column 5 indicates the time interval between the date of the action and election day. For example, the notation "53`d" in the entry for March 20 means that the last day for a candidate to withdraw is the 53`d day before election day; the notation "+5" in the entry for May 17 means that the last day for receiving a ballot from outside the United States is the 5th day after election day. When there is a statutory provision prescribing the last day for the performance of an act, the number in Column 5 reflects that day. If the statutory day must be moved because of a Saturday, Sunday, or state or national holiday, the resulting date is designated in Columns 1 and 2 and Column 5 indicates, in parentheses and italics, the actual number of days measured from election day. In preparing a personal calendar,the city secretary should remember the rule in EC §1.006 that if the last day for performance of an action falls on a Saturday, Sunday, or a state or national holiday, the deadline date is usually extended to the next regular business day whether the day is a city holiday or not [see M §2.16(a)]. When a deadline is extended for this reason, the extended date is used for determining other dates that are calculated in relation to the event of the extended date. Exceptions are noted in this calendar. Maior steps are in ALL CAPS. Steps for early voting are in ITALICS. By or With Manual Column Date Action Whom Taken , Ref. § 5 Jan 8 Obtain a supply of the following forms: City Secretary 7.11 *124`h candidate's application for place on et seq. ballot; appointment of campaign 18.10 treasurer (candidate and specific- purpose committee); report of contributions and expenditures (candidate-officeholder and specific- purpose committee); application for mail ballot, and a set of administrative forms if ordered from a supply house. (Set up schedule for ordering precinct sets and other forms if they are to be ordered later.) *An asterisk in Column 5 indicates the time stated is not required by statute. i ELECTION CALENDAR FOR MAY 12, 2007, Continued By or With Manual Column Date Action Whom Taken Ref. § 5 Jan 8- Review recommendation for following City Secretary 9.02 *124th Feb 2 steps listed in M §9.02 for possible and City Council 20.06 thru needed or desired action and 14.03 *99th submission for preclearance under federal Voting Rights Act: Steps 1 through 5 (revising election precincts; designating polling places; changing method of voting if equipment is available but not adopted for use or if acquisition of equipment by city is desired); Step 12 (establishing or changing terms of election judges); also, any other action already taken by council for which preclearance is required but not yet submitted, including new single-member districts. Jan 16 Last day for timely filing of semi-annual City Secretary 18.05 Jan 15 report of contributions and expendi- (✓an 161 tures. Jan 15 is Martin Luther King, Jr. Day, an official state holiday. The deadline is moved to Jan 16. Jan 29 - Recommended period for CALLING Mayor i'i 10.03 *103rd Feb 13 ELECTION AND POSTING NOTICE of 10.12 to ELECTION on bulletin board. *88th Jan 29 - Recommended period to submit City Secretary 20.06 *103rd Feb 16 requests for PRECLEARANCE for any to required matters. *85th Feb 10 FIRST DAY FOR FILING APPLICATION City Secretary 11.05 92nd for place on ballot. 30th day before filing (9139 deadline is Sat, Feb 10. (See Notes below.) Feb 10 FIRST DAY FOR FILING DECLARATION City Secretary 1 1.10 92nd OF WRITE-IN CANDIDACY. (915d) NOTES: (1) Since a person may not file earlier than the 30th day before the deadline, and the deadline is extended to the 61St day,the 91 st day rather than the 92nd day becomes the first day for both of these actions. (2) The City Secretary's Office is not required to be open on Sat or Sun for either of these activities. *An asterisk in Column 5 indicates the time stated is not required by statute. ii ELECTION CALENDAR FOR MAY 12, 2007, Continued By or With Manual Column Date Action Whom Taken Ref. § 5 Feb 13 Recommended LAST DAY FOR ORDER City Council 3.07 *88th DESIGNATING ELECTION PRECINCTS AND POLLING PLACES. (Preclearance may be needed.) Feb 26 Recommended beginning date for City Secretary 4.08 *75th preliminary work on appointment of election judges. Mar 6 If a SPECIAL ELECTION to fill a vacancy City Secretary 13.06 67th is held in conjunction with the general election, and the SPECIAL ELECTION was called before the 70th day before the election, this is the LAST DAY FOR FILING AN APPLICATION for a place on the ballot in the SPECIAL ELECTION. Mar 9 Recommended last day to POST 72 City Secretary 8.06 *64th HOUR NOTICE OF DRAWING for order of names on ballot. Mar 10 Remove candidate's name from ballot if City Secretary 11 .25 64" the candidate dies on or before Mar 10. (63'd) This date occurs on the 63'd day rather than the 64th day because the deadline for filing is extended to the 61 st day. Mar 12 STATUTORY LAST DAY FOR Mayor Ell 10.03 62nd ORDERING ELECTION. 121 62"d day is on (61st) Sunday, Mar 11. This action is extended to Mar 12 (613t day). Mar 12 LAST DAY FOR FILING APPLICATION City Secretary 11.05 62nd FOR PLACE ON BALLOT (must be 11.06 (61st) received by 5 p.m.). City secretary's office should stay open until 5 p.m. 62' day is on Sunday, Mar 11. This action is extended to Mar 12 (61St day). [In a city office having a 4-year term, if no candidate files,this deadline is extended to 5:00 p.m., Mar 16 (57th day.] Mar 13 LAST DAY TO DELIVER NOTICE TO City Council 10.16 60' THE COUNTY ELECTION OFFICIAL of (City Secretary) each county in which the election will be held. *An asterisk in Column 5 indicates the time stated is not required by statute. III ELECTION CALENDAR FOR MAY 12, 2007, Continued By or With Manual Column Date Action Whom Taken Ref. § 5 Mar 13 FIRST DAY TO ACCEPT APPLICA- City Secretary 16.51 60th TIONS FOR VOTING BY MAIL BALLOT. et seq. 17.02 17.03 Mar 13 First day of the period Texas Ethics City Secretary/ 18.01 60th Commission will defer investigation until Texas Ethics after election (or runoff) if an allegation Commission is filed. Mar Recommended period to CONDUCT City Secretary 8.06 *59th 14-16 DRAWING FOR ORDER OF NAMES ON thru BALLOT. Prepare ballot format and *57th send it to printer. Mar 16 Extended deadline to file for a place on City Secretary 11.05 57th the ballot in a city office having a 4- year term if no one has filed by 5 p.m. on March 12 (must be received by 5 p.m.). Mar 19 LAST DAY FOR A WRITE-IN City Secretary 11.10 56th CANDIDATE TO DECLARE CANDIDACY (54th1 by 5 p.m. City secretary's office should stay open until 5 p.m. (The 5th day after the filing deadline is Sat, Mar 17. The date is moved to Mon, Mar 19.) Mar Recommended period for APPOINTING City Council 111 4.03 *54th 19-30 ELECTION JUDGES. [21 (Schedule for 4.04 thru first council meeting after period if no 4.05 *43rd meeting during period.) See M §10.15 on giving notice to election judges. Mar 20 LAST DAY for candidate to withdraw City Secretary 8.05 53`d (withdrawal request must be received 11.22 by 5 p.m.). LAST DAY that a 11.23 declaration of ineligibility causes 11.24 omission of candidate's name from ballot. City secretary's office should stay open until 5 p.m. Mar 22 RECOMMENDED DATE TO PRINT City Secretary 8.16 *51St BALLOTS which have been prepared earlier. Mar 23 Beginning date of period for mandatory City Secretary 2.15 50th office hours. *An asterisk in Column 5 indicates the time stated is not required by statute. iv ELECTION CALENDAR FOR MAY 12, 2007, Continued By or With Manual Column Date Action Whom Taken Ref. § 5 Mar 28 FIRST DAY TO MAIL EARLY BALLOTS, City Secretary 16.57 45t'' IF AVAILABLE. Note the roster of persons mailed ballots is not available to the public until the first business day after election day[See M §16.56(g)]. Apr 4 Last day to mail balloting materials for City Secretary 16.57 38th early voting by mail, to persons who applied 8 days or more before the 45t' day. Apr 11 If a SPECIAL ELECTION to fill a vacancy City Secretary 13.06 31 st is held in conjunction with the general election, under most circumstances (election ordered after 70th day and not later than 36t' day), this is the LAST DAY FOR FILING AN APPLICATION for a place on the ballot in the SPECIAL ELECTION. Apr 12 Due date for filing first report of City Secretary 18.06 30th campaign contributions and expenditures by opposed candidates and specific-purpose committees supporting or opposing opposed candidates by 5 p.m. City secretary's office should stay open until 5 p.m. Apr 12 Last day to order a SPECIAL ELECTION Mayor 13.04(f) 30' to fill a vacancy except under special circumstances. Apr 12 Last day for submitting voter Registrar 6.23(g) 30th registration application in time to vote 6.25(b) at the election or for requesting transfer of registration in time to vote in new precinct not in the same county and territory. Apr 12 Recommended last day to notify Mayor 10.15 *30th presiding judges of duty to hold election. Apr 12 Recommended last day to request voter City Secretary 6.32 *30th registrar to prepare lists of registered 6.35 voters and furnish statement of 7.42 residence forms to be used in conducting the election. *An asterisk in Column 5 indicates the time stated is not required by statute. V ELECTION CALENDAR FOR MAY 12, 2007, Continued By or With Manual Column Date Action Whom Taken Ref. § 5 Apr 12- PERIOD FOR PUBLISHING NOTICE OF Mayor 11' 10.12 30th May 2 ELECTION. 20.04 thru 10" Apr 13 Minimum 10th day to post continuous City Secretary 16.72 29th notice if signature verification committee meets Apr 23. Apr 16 If a SPECIAL ELECTION to fill a vacancy City Secretary 13.06 26th is held in conjunction with the general election, this is the last day (by 5 p.m.) for a write-in candidate to declare candidacy for SPECIAL ELECTION, if Apr 1 1 was filing deadline. City secretary's office should stay open until 5 P.m. Apr 20 Recommended last day to request City Secretary 9.45 *22nd waiver of partial manual recount of electronically counted ballots. Apr 20- Possible period for posting notice City Secretary 16.22(k) 22nd May 3 amending notice of branch early voting thru 9th polling places. Apr 21 LAST DAY for POSTING NOTICE OF City Secretary") 10.12(c) 21st (Apr 20 ELECTION on bulletin board for posting Recom- notices of city council meetings. The mended) 21st day is on Sat. Technically, the notice can be delayed until Monday, April 23, but it is better practice to post no later than Fri, Apr 20, which is the 22' day before the election. Apr 22 First day a signature verification City Secretary 16.72 20" committee may begin work. Apr 22 First day jail authority can deliver ballots City Secretary 16.51(a) 20th in person. Apr 25 Last day to post continuous notice of City Secretary 16.22(k) 17' schedule for branch early voting polling places. Apr 27 Last day to receive application from City Secretary 16.51(c) 15" voter in person for a ballot to be voted by mail (by close of business). This is the last business day before the beginning of early voting by personal appearance. *An asterisk in Column 5 indicates the time stated is not required by statute. Vi ELECTION CALENDAR FOR MAY 12, 2007, Continued By or With Manual Column Date Action Whom Taken Ref. § 5 Apr 27 STATUTORY DEADLINE FOR NOTI- Mayor 10.15(a) 15th FYING JUDGES OF DUTY TO HOLD THE ELECTION. Apr 27 Last day to challenge write-in candidate City Secretary 11 .10(i) 15th for compliance. Apr 28 Last day candidate may withdraw and City Secretary 11 .22 14tt, have name removed from ballot if the filing deadline was later than the 61st day before election day. This dealine applies to SPECIAL ELECTIONS and remains on Sat. Apr 30 FIRST DAY FOR EARLY VOTING BY City Secretary 16.21 12th PERSONAL APPEARANCE. If voting 16.22(i) will be conducted on Sat or Sun, May 5 or 6, notice of schedule must be posted at least 72 hours before first hour of the weekend voting. May 2 LAST DAY FOR PUBLICATION OF Mayor [11 10.12 10th NOTICE OF ELECTION. May 3 First day for new illness or disability Voter 17.16 9th allowing late application for late (emergency) early voting. May 4 Due date for filing second report of City Secretary 18.06(c) 8th campaign contributions and 18.08(a) expenditures by 5 p.m. & (c) May 4 Last day to receive application by mail City Secretary 16.51(b) 7th for a ballot to be voted by mail, by 12 16.55(b) (8th) noon or close of business, whichever is later. 7th day is on a Sat. Move date to Fri, May 4 (8th day) (exception to general rule). May 6 Last day for publication of notice of first City Secretary 7.40(d) 6th test of automatic tabulating equipment to be used at a polling place if the first test is on May 9. (48 hours before date of test.) May 7 First day for death in family to qualify City Secretary 17.31 5th for late (emergency) early voting. *An asterisk in Column 5 indicates the time stated is not required by statute. VII ELECTION CALENDAR FOR MAY 12, 2007, Continued By or With Manual Column Date Action Whom Taken Ref. § 5 May 7 Last day for publication of notice of first City Secretary 7.40(b) & 5th test of automatic tabulating equipment (d) to be used at a central counting station if the first test is on May 10. (48 hours before date of test.) May 8 LAST DAY OF REGULAR EARLY City Secretary 16.21(c) 4th VOTING BY PERSONAL APPEARANCE. May As soon as early voting is over, and City Secretary 16.74(a) 4th thru 8-12 until 7:00 p.m. May 12, early voting close of ballots may be delivered to the early polls voting ballot board if notice requirements have been followed. May 9 Last day to receive an application to City Secretary 16.59(a) 3rd cancel mail ballot. May 9 Last day for conducting first test of City Secretary 7.40(c) & 3rd automatic tabulating equipment to be (d) used at a polling place (at least 48 hours before used for counting on election day). To assure 48 hours before 7 am of election day, test must be by 3`d day. Notice must be published at least 48 hours before date of test. May Period to apply for late (emergency) City Secretary 17.33 3`d 9-11 early voting because of death in family thru 1st May 10 or later. May Prepare list of registered voters for early City Secretary 16.76 *3rd 9-11 voting ballot board if more than one thru 1" early voting polling place. May Period to apply for late (emergency) City Secretary 17.17 3`d thru 9-12 early voting because of illness or Election disability originating on or after May 4. Day, 5 p.m. May 10 Last day for first test of automatic Presiding Judge 7.40(b) 2nd tabulating equipment to be used at a central counting station. Notice must be published at least 48 hours before date of test. *An asterisk in Column 5 indicates the time stated is not required by statute. VIII ELECTION CALENDAR FOR MAY 12, 2007, Continued By or With Manual Column Date Action Whom Taken Ref. § 5 May 11 Recommended date for delivery of City Secretary 7.47 * St precinct early voting lists and supplies 16.83(j) to presiding election judges. May 11 Recommended date for delivery of City Secretary 7.48 *1 St equipment to polling places (statutory deadline is 6 a.m. on election day). May 11 RECOMMENDED DAY TO POST City Secretary 9.42 *1st NOTICE OF COUNCIL MEETING to canvass the returns if canvass will be on 3rd day after election. Notice must be posted at least 72 hours before time of meeting. May 12 ELECTION DAY. Polls are open 7 a.m. City Secretary 17.41 E Day to 7 p.m. Voting by sick or disabled voters at main early voting place, 7 a.m. to 7 p.m., where voting machines are used at precinct polling place. May 12 7 a.m. to 7 p.m. early voting clerk's City Secretary 9.23 E Day office must remain open for early voting activities. May 12 5 p.m. deadline for late applications for City Secretary 17.16 E Day ballots from voters who became ill or 17.17 disabled May 9th or later. May 12 Deliver early voting ballots, etc., to City Secretary 16.73(a) E Day early voting ballot board. Second key to ballot box is delivered by chief of police or marshal. May 12 After regular mail delivery, check mail City Secretary 9.23(b) E Day box for early voting mail ballots. 16.58(a) May 12 Receive precinct records, voted ballots, City Secretary 9.33(d) E Day etc. (Chief of police or marshal Mayor 9.34 receives keys to ballot boxes containing voted ballots.) May 12 UNOFFICIAL TABULATION OF City Secretary 9.35 E Day RESULTS. *An asterisk in Column 5 indicates the time stated is not required by statute. ix ELECTION CALENDAR FOR MAY 12, 2007, Continued By or With Manual Column Date Action Whom Taken Ref. § 5 May 14 First day for public access to roster for City Secretary 16.56(g) +2 mailed early voting ballot materials. Last day to deliver provisional ballots May 14 to Voter Registrar. City Secretary 9.41 +2 May 15 PROVIDE OFFICIAL OATH AND City Secretary 12.32(d) * +3 STATEMENT OF ELECTED OFFICIALS to candidates who appear to have won, or may win. May Period during which early voting ballot Early Voting 16.74(e) +3 thru 15-17 board may meet to count ballots Ballot Board +5 received from outside the United States if the early voting clerk certifies that all ballots mailed from outside the United States have been received. May PERIOD FOR OFFICIAL CANVASS. City Council/ 9.42 +3 thru 15-23 Mayor sets exact day and hour. City City Secretary 9.44 +1 1 secretary records results in election register as soon as practicable after canvass. [Canvass may occur before 11th day only if all FPCA ballots have been received and the ballot board has completed the count of provisional ballots.] May Completion before canvass of report of City Secretary 16.87 +3 thru 15-23 early votes cast for each candidate or + 11 measure, by election precinct. May AFTER CANVASS, ISSUE CERTIFICATE Mayor 12.23 +3 thru 15-23 OF ELECTION. + 11 May 15- Partial manual count of electronically City Secretary 9.45 +3 thru Jun 4 counted ballots if waiver not obtained +21 from secretary of state. +21 st day is (+23) Sat. Move the date to Mon, Jun 4 (+23`d day). May 17 Last day for receiving a ballot from City Secretary 16.58(b) +5 outside the U.S. *An asterisk in Column 5 indicates the time stated is not required by statute. X ELECTION CALENDAR FOR MAY 12, 2007, Continued By or With Manual Column Date Action Whom Taken Ref. § 5 May 18 Early voting ballot board meets to count Early Voting 16.74(e) +6 ballots received from outside the United Ballot Board States, if the early voting clerk did not certify that all ballots mailed from outside the United States had been received earlier. (Provisional ballots may be processed at this time if they have been received.) May 18 Last day for early voting ballot board to Early Voting 9.41 +6 verify and count provisional ballots. Ballot Board 16.77 May 18 Type A elected officials may qualify and Candidate with 12.34 +6 assume duties of office. (LGC §22.006] City Secretary The statute states 5th day after election, excluding Sundays. The resulting day is the 6th day after. Officials may not take office until the canvass is complete unless the election was cancelled. May ORDERING OF RUNOFF ELECTION, if City Council 14.04 +8 thru 20-29 necessary, not later than 5th day after or + 16 canvass. If the 5th day is Sat, Sun, or Mayor Ili (+ 17) Memorial Day (May 28), the deadline is extended to the next business day (May 29). May 25 - Period during which notice of disposi- Presiding 16.77 By 10th Jun 4 tion of provisional ballots must be Judge of day after mailed to voters. EVBB canvass Jun 4- POSSIBLE PERIOD FOR RUNOFF City Secretary/ 14.03 20th-45th July 7 ELECTION, depending on date of official City Council day afte canvass, unless a charter provides for a canvass later date. Jun 4 Last day for mailing results of manual City Secretary 9.45 +21 count to secretary of state, if no waiver (+23) is obtained. +21st day is Sat. Move to Mon, Jun 4 (+23`d day). Jun 11 Last day to transmit election results by Mayor 9.44 +30 city precinct in electronic form to (Presiding Officer secretary of state of the Canvassing Committee) Jun 21 LAST DAY OF MANDATORY OFFICE City Secretary 2.15 +40 HOURS. *An asterisk in Column 5 indicates the time stated is not required by statute. xi ELECTION CALENDAR FOR MAY 12, 2007, Continued By or With Manual Column Date , Action Whom Taken Ref. § 5 July 16 Last day for timely filing of semiannual City Secretary 18.05 July 15 report of contributions and (July 16) expenditures. July 15 is Sun. Move to July 16, the following Mon. Mar 12, Last day of preservation period for +22 2009 ballots and other precinct election City Secretary 9.50(g) months records of main election. Endnotes [1] Follow home-rule city's charter provision, if any. [2] The city's governing body may choose to conduct a mock student election under EC §276.007. The major steps taken for a general election should be taken for a student election. The student election may be held on the first day before the election, but results must not be published until after the polls close on election day. NOTE ON CALENDAR FOR SPECIAL OR RUNOFF ELECTION To prepare a calendar for a special election to fill a vacancy in office, see M §13.02; for a special election on a measure, see M §15.02; for a runoff election, see M §14.03. NOTE ON CONTEXT When reading a section of the Election Code, remember to read the chapter and subchapter titles to determine if the section you are reading applies to cities. *An asterisk in Column 5 indicates the time stated is not required by statute. Xii Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 23, 2007 Item Number: C Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: 100-5113-56070 Date Prepared: January 12, 2007 Budgeted Amount: $8,500.00 CCEA Contract/Cost Exhibits: Estimates Subject Consider and act upon approval of a Joint Election Agreement between the City of Wylie and Wylie Independent School District, administered by the Collin County Elections Administration for the May 12, 2007 Wylie General Election. Recommendation Consider and act upon approval of a Joint Election Agreement between the City of Wylie and Wylie Independent School District, administered by the Collin County Elections Administration for the May 12, 2007 Wylie General Election. Discussion By the terms of this agreement, the City of Wylie and the Wylie Independent School District do hereby agree, pursuant to the provisions of the Texas Election Code, to hold a joint election for the General Election to be held on Saturday May 12, 2007. The entities will contract with the Collin County Elections Administrator to perform various duties and responsibilities on behalf of the two entities. The contract presented tonight has specified duties and costs to administer the election. Legal review of this contract has been completed by City Attorney Julie Fort. This agreement, once executed will formalize the joint election for May 12, 2007 between the entities and approve the equally shared cost for the General election. Under the terms of the contract it is noted that if one entity cancels their election, a charge of $75.00 will be accessed and the other entity will assume the full cost for the election. Article 2, Section 1 (c) of the Home Rule Charter allows the Council to cooperate with the government of any County for any lawful purpose for the advancement of the interests of its inhabitants. CCEA will hold the election for residents residing in the City of Wylie in Collin, Rockwall and Dallas counties. Approved By Initial Date Department Director CE 01-12-07 City Manager ,�tii� i,, 1107 Page 1 of 1 May 12, 2007 Joint General Election Contract for Election Services City of Wylie/Wylie ISD May 12, 2007 Joint General Election Table of Contents I Duties and Services of Contracting Officer II Duties and Services of the City and School District III Cost of Services IV General Provisions Exhibits Exhibit A Early Voting Schedule and Locations Exhibit B Election Day Polling Locations Exhibit C Cost of Services May 12,2007,Joint General Election—WylieCity& WISD 1/10/2007 Page 2 THE STATE OF TEXAS CONTRACT FOR COUNTY OF COLLIN § CITY- SCHOOL WYLIE ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF WYLIE, hereinafter referred to as the "CITY," and the BOARD OF TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as the"SCHOOL DISTRICT,"and SHARON ROWE, Elections Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer," pursuant to the authority in Subchapter D, Section 31.091, of Chapter 31, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the City and School District's May 12, 2007, Joint General Election. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station and judge of the Early Voting Balloting Board. a. The Contracting Officer shall be responsible for notification of each Election day and Early Voting presiding judge and alternate judge of his or her appointment. The recommendations of the City and School District will be the accepted guidelines for the number of clerks secured to work in each polling place. The presiding election judge of each polling place, however,will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the balloting board. Election May 12,2007,Joint General Election—WylieCity& WISD 1/10/2007 Page 3 judges shall be secured by the Contracting Officer with the approval of the City and School District. b. Election judges shall attend the Contracting Officer's school of instruction(Elections Seminar) to be held Wednesday, May 9, 2007, at the Collin County 380 Courts Building, Central Jury Room, 1800 N. Graves, McKinney, Texas at 2:00 P.M. c. Election judges shall be responsible for picking up from and returning election supplies to the county election warehouse located at 2010 Redbud, Suite 102, McKinney. Compensation for this pickup and delivery of supplies will be$25.00. d. The Contracting Officer shall compensate each election judge and worker. Each judge shall receive $10.00 per hour for services rendered. Each alternate judge and clerk shall receive $8.00 per hour for services rendered. B. The Contracting Officer shall procure,prepare, and distribute voting machines, election kits and election supplies. a. The Contracting Officer shall secure election kits which include the legal documentation required to hold an election and all supplies including locks,pens, magic markers, etc. b. The Contracting Officer shall secure all tables, chairs, and legal documentation required to run the central counting station. c. The Contracting Officer shall provide all lists of registered voters required for use on election day and for the early voting period required by law. The election day list of registered voters shall be arranged in alphabetical order by polling place, in lieu of alphabetic by each precinct in each polling place. May 12,2007,Joint General Election—WylieCity& WISD 1/10/2007 Page 4 d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. 1. Equipment includes the rental of voting machines, ADA compliance headphones and keypads (1 per site), transfer cases, voting signs and tote boxes. 2. Supplies include smart cards, sample ballots, early voting mail ballots,pens, tape, markers, etc. C. The Contracting Officer, Sharon Rowe, shall be appointed the Chief Deputy Early Voting Clerk by the City and School District. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. b. Early Voting by personal appearance for the City and School District's May 12, 2007, Joint General Election shall be conducted during the time period and at the locations listed in Exhibit"A", attached and incorporated by reference into this contract. c. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. 1. Application for mail ballots erroneously mailed to the City or School District shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. 2. All Federal Post Card Applicants (FPCA) will be sent a mail ballot. No postage is required. May 12,2007,Joint General Election— WylieCity& WISD 1/10/2007 Page 5 d. All Early Voting ballots(those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be appointed by the Contracting Officer. D. The Contracting Officer shall arrange for the use of all Election Day polling places. The City and School District shall assume the responsibility of remitting the cost of all employee services required to provide access,provide security or provide custodial services for the polling locations. The Election Day polling locations are listed in Exhibit"B", attached and incorporated by reference into this contract. E. The Contracting Officer shall be responsible for establishing and operating the Central Counting Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. Counting Station Manager and Central Count Judge shall be Sharon Rowe. The Tabulation Supervisor shall be Patty Seals and paid as a contract expense. a. The tabulation supervisor shall prepare, test and run the county's tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted by the Contracting Officer. c. Election night reports will be available to the City and School District at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with law. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the City and School District as soon as possible after all returns have been tallied. May 12,2007,Joint General Election— WylieCity& WISD 1/10/2007 Page 6 e. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 22 months. 1. Pending no litigation and as prescribed by law, the voted ballots shall be shredded 22 months after the election. 2. The City and School District can obtain the list of registered voters from the Elections Administration Office after this retention period. Pending no litigation and if the City and School District does not request the lists, the Contracting Officer shall destroy them. f. The Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the City and School District in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned code. II. DUTIES AND SERVICES OF THE CITY AND SCHOOL DISTRICT. The City and School District shall assume the following responsibilities: A. The City and School District shall prepare the election orders, resolutions, notices,justice department submissions, official canvass and other pertinent documents for adoption by the appropriate office or body. The City and School District assume the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. B. The City and School District shall provide the Contracting Officer with an updated map and street index of their jurisdiction in an electronic or printed format as soon as possible,but no later than Friday, March 16, 2007. C. The City and School District shall procure and provide the Contracting Officer with the ballot layout and Spanish interpretation in an electronic format. May 12,2007,Joint General Election— WylieCity& WISD 1/10/2007 Page 7 a. The City and School District shall deliver to the Contracting Officer as soon as possible,but no later than Tuesday, March 13, 2007, the official wording for the City and School District's May 12, 2007, Joint General Election. b. The City and School District shall approve the "blue line" ballot format prior to the final printing. D. The City and School District shall post the publication of election notice by the proper methods with the proper media. E. The City and School District shall prepare and submit to the U. S. Department of Justice under the Federal Voting Rights Act of 1965, any required submissions on voting changes. F. The City and School District shall compensate the Contracting Officer for any additional verified cost incurred in the process of running this election or for a manual count this election may require, consistent with charges and hourly rates shown on Exhibit"C" for required services. G. The City and School District shall pay the Contracting Officer 90% of the estimated cost to run the said election prior to Friday, March 23, 2007. The Contracting Officer shall place the funds in a "contract fund" as prescribed by Section 31.100 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury 200 S. McDonald., Suite 310 McKinney, Texas 75069 ATTN: Alice Dobecka H. The City and School District shall pay the cost of conducting said election, less partial payment, including the 10%administrative fee,pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. III. COST OF SERVICES. See Exhibit "C." May 12,2007,Joint General Election— WylieCity& WISD 1/10/2007 Page 8 IV. GENERAL PROVISIONS. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the City and School District's May 12, 2007, Joint General Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the City and School District. C. If the City and/or School District cancel their election pursuant to Section 2.053 of the Texas Election Code,the Contracting Officer shall be paid a contract preparation fee of$75. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the May 12, 2007, Joint General Election. All actual shared costs incurred in the conduct of the election will be divided by the actual number of entities contracting with the Contracting Officer and holding a May 12, 2007, Joint General Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas. May 12,2007,Joint General Election—WylieCity& WISD 1/10/2007 Page 9 WITNESS BY MY HAND THIS THE DAY OF , 2007. Sharon Rowe Elections Administrator Collin County, Texas WITNESS BY MY HAND THIS THE DAY OF , 2007. Attested: Carole Ehrlich John Mondy City Secretary Mayor WITNESS BY MY HAND THIS THE DAY OF , 2007. Attested: Joyce Wood, Secretary Brian Miller, Assistant Superintendant Wylie Independent School District Wylie Independent School District May 12,2007,Joint General Election— WylieCity& WISD 1/10/2007 Page 10 ESTIMATED CHARGES FOR THE CITY OF WYLIE May 12,2007 Exhibit"C"-ELE XXX SUPPLY COST Number of Early Voting Locations 1 Number of Election Day Locations 2 Units Cost WCTY Units Cost WCTY/WISD Sample Ballots $0.0870 each 125 $10.88 275 $23.93 Early Voting Mail Ballots $1.20 each 0 $0.00 25 $30.00 Provisional Ballot Setup $10.00 each 2 $20.00 9 $90.00 Provisional Ballots $0.1670 each 100 $16.70 150 $25.05 Early voting and election day kits $25.00 each 0 $0.00 3 $75.00 Central Counting kit and supplies $50.00 each 0 $0.00 1 $50.00 County Precinct Maps $12.00 each 0 $0.00 3 $36.00 Printer Labels for EV $15.95 each 0 $0.00 6 $95.70 Total $47.58 $425.68 Number of Entities Sharing Costs 1 2 SubTotal $47.58 $212.84 Grand Total $260.41 EQUIPMENT RENTAL COST Number of Early Voting Locations 1 Number of Election Day Locations 2 Units Cost WCTY Units Cost WCTY/WISD Voting Machines $200.00 each 0 $0.00 16 $3,200.00 Machine Drayage $30.00 each 0 $0.00 17 $510.00 L&A Equipment Testing $22.00 each 0 $0.00 17 $374.00 Transfer Cases $5.00 each 0 $0.00 2 $10.00 Metal Signs $1.00 each 0 $0.00 6 $6.00 Wood Signs $2.00 each 0 $0.00 2 $4.00 Large Early Voting Signs $5.00 each 0 $0.00 1 $5.00 Early Voting Cabinet $50.00 each 0 $0.00 1 $50.00 Tote Box $1.00 each 0 $0.00 2 $2.00 Early Voting Computer $300.00 each 0 $0.00 1 $300.00 Total $0.00 $4,461.00 Number of Entities Sharing Costs 1 2 SubTotal $0.00 $2,230.50 Grand Total $2,230.50 EARLY VOTING Number of Early Voting Locations 1 Workers each location 5 Units Cost WCTY Units Cost WCTY/WISD EV Ballot Board Fluctuates 1 $100.00 0 $0.00 Mailed Ballot Kits $1.00 each 0 $0.00 25 $25.00 Postage for Ballots $0.58 each 0 $0.00 10 $5.80 Assemble EV Location $50.00 each 0 $0.00 1 $50.00 Total Judge Hours $10.00 each 0 $0.00 95 $950.00 Total Alt.Judge&Clerk Hours $8.00 each 0 $0.00 372 $2,976.00 Pickup&Delivery of Supplies $25.00 each 0 $0.00 1 $25.00 Total $100.00 $4,031.80 Number of Entities Sharing Costs 1 2 SubTotal $100.00 $2,015.90 Grand Total $2,115.90 ELECTION DAY Number of Election Day Locations 2 Workers each location 4 Units Cost WCTY Units Cost WCTY/WISD Total Judge Hours $10.00 each 0 $0.00 28 $280.00 Total Alt.Judge&Clerk Hours $8.00 each 0 $0.00 84 $672.00 Election Day Technical Support $100.00 each 0 $0.00 2 $200.00 Machine Drayage @ Church $40.00 site 0 $0.00 1 $40.00 Pickup&Delivery of Supplies $25.00 each 0 $0.00 2 $50.00 Total $0.00 $1,242.00 Number of Entities Sharing Costs 1 2 SubTotal $0.00 $621.00 Grand Total $621.00 ADMINISTRATIVE EXPENSES Number of Early Voting Locations 1 Number of Election Day Locations 2 Units Cost WCTY Units Cost WCTY/WISD Manual Recount Deposit $60.00 each 1 $60.00 0 $0.00 Process Pollworker Checks $1.50 each 0 $0.00 9 $13.50 Process Election Judge Notices $1.50 each 0 $0.00 6 $9.00 Total $60.00 $22.50 Number of Entities Sharing Costs 1 2 SubTotal $60.00 $11.25 Grand Total $71.25 TABULATION Tabulation Network $4,000.00 Programming $2,050.00 Audio Services $500.00 Notice of Inspection/Tabulation Test $350.00 Total $6,900.00 Number of Entities 30 Total Per Entity $230.00 CENTRALIZED COSTS Cost for Central Count Workers $1,500.00 FICA on Election Workers $2,500.00 Assemble EV Location $50.00 Early Voting Machines in McKinney(8) $1,600.00 L&A Testing of Equipment(8) $176.00 Early Voting Computer in McKinney $300.00 Early Voting Personnel in McKinney $3,500.00 Ballot Style Setup Fee (Printer) $60.00 Printer Labels for Early Voting $200.00 County Overtime and Temporaries $20,000.00 FICA& Retirement for County Employees $2,500.00 Total $32,386.00 Number of Entities 20 Total Per Entity $1,619.30 Total for Tabulation &Centralized Costs $1,849.30 SUMMARY OF COSTS FOR CITY OF WYLIE SUPPLY COST $260.41 EQUIPMENT RENTAL COST $2,230.50 EARLY VOTING $2,115.90 ELECTION DAY $621.00 ADMINISTRATIVE EXPENSES $71.25 TABULATION/CENTRALIZED COSTS $1,849.30 Total $7,148.36 10%Administrative Fee $714.84 Total $7,863.20 90% Due County by March 23 $7,076.88 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 23, 2006 Item Number: D Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: January 11, 2007 Budgeted Amount: Exhibits: Revenue and Budget Report Subject Consider and place on file, the Monthly Revenue and Expenditure Reports for the period of August 2006- December 2006. Recommendation Consider and place on file, the Monthly Revenue and Expenditure Reports for the period of August 2006- December 2006. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LW 1/11/07 City Manager Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:AUGUST 31,2006 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2005-2006 2005-2006 2005-2006 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 10,800,660 10,564,686.18 10,641,355.44 76,669 FRANCHISE FEES 1,479,850 1,468,651.00 1,756,546.69 287,896 LICENSES AND PERMITS 1,114,000 1,024,391.20 1,230,373.53 205,982 INTERGOVERNMENTAL REV. 477,720 436,681.80 300,356.78 -136,325 SERVICE FEES 1,594,700 1,349,672.81 1,619,044.28 269,371 FINES AND FORFEITURES 371,000 339,576.30 578,195.27 238,619 INTEREST INCOME 100,000 91,530.00 229,359.16 137,829 MISCELLANEOUS INCOME 62,040 57,127.40 143,187.57 86,060 OTHER FINANCING SOURCES 440,450 403,760.51 388,937.40 -14,823 TOTAL REVENUES 16,440,420 15,736,077 16,887,356 1,151,279 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 105,930 97,917.51 76,542.97 -21,375 CITY MANAGER 423,410 395,365.65 267,527.56 -127,838 CITY SECRETARY 202,380 187,029.17 180,732.17 -6,297 CITY ATTORNEY 117,000 107,250.00 111,402.28 4,152 FINANCE 527,500 483,462.49 468,406.40 -15,056 FLEET&FACILITIES SVC 158,250 147,916.67 150,517.16 2,600 SUPPORT SERVICES ADMIN. 144,750 132,694.99 132,713.77 19 MUNICIPAL COURT 236,890 217,096.67 197,331.53 -19,765 HUMAN RESOURCES 157,770 144,569.16 146,401.80 1,833 PURCHASING 96,960 88,887.50 86,586.57 -2,301 INFORMATION TECHNOLOGY 117,980 108,680.84 106,600.24 -2,081 POLICE 3,726,180 3,418,000.82 3,253,476.82 -164,524 FIRE 3,788,230 3,507,307.50 3,263,019.33 -244,288 ANIMAL CONTROL 648,770 595,163.31 387,253.07 -207,910 PLANNING 258,010 236,781.67 170,609.27 -66,172 BUILDING INSPECTION 689,090 631,513.34 553,027.66 -78,486 CODE ENFORCEMENT 144,230 136,558.35 69,397.37 -67,161 STREETS 1,576,148 1,451,002.83 1,126,693.84 -324,309 A PARKS 1,205,230 1,109,611.67 1,061,878.34 -47,733 RECREATION 266,550 244,394.17 242,335.77 -2,058 LIBRARY 595,760 547,721.65 513,546.53 -34,175 COMBINED SERVICES 2,200,870 2,024,647.52 1,899,452.45 -125,195 TOTAL EXPENDITURES 17,387,888 16,013,573 14,465,453 -1,548,121 REVENUES OVER/(UNDER)EXPENDITURES -947,468 -277,496 2,421,903 2,699,400 Footnotes: A.Timing issue with receipt of invoices/payment date. CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:AUGUST 31,2006 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER!(UNDER) ACCOUNT DESCRIPTION 2005-2006 2005-2006 2005-2006 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 7,992,400 7,327,616.67 8,221,081.95 893,465 INTEREST INCOME 60,000 55,000.00 140,780.62 85,781 MISCELLANEOUS INCOME 40,000 36,666.67 59,787.16 23,120 OTHER FINANCING SOURCES 1,206,000 1,206,000.00 1,206,598.00 598 TOTAL REVENUES 9,298,400 8,625,283 9,628,248 1,002,964 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 340,580 314,934.98 303,488.23 -11,447 UTILITIES-WATER 1,049,880 964,484.18 949,057.73 -15,426 CITY ENGINEER 419,670 385,916.65 354,195.63 -31,721 UTILITIES-SEWER 492,010 450,925.02 399,209.03 -51,716 UTILITY BILLING 2,441,460 2,348,162.53 2,403,799.51 55,637 COMBINED SERVICES 6,072,540 5,567,703.33 4,895,260.11 -672,443 A TOTAL EXPENDITURES 10,816,140 10,032,127 9,305,010 -727,116 REVENUES OVER!(UNDER)EXPENDITURES -1,517,740 -1,406,843 323,237 1,730,081 Footnotes: A.Timing issue with receipt of invoices/payment date. CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:SEPTEMBER 30,2006 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2005-2006 2005-2006 2005-2006 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 10,800,660 10,800,660.00 11,277,586.09 476,926 FRANCHISE FEES 1,479,850 1,479,850.00 1,892,673.04 412,823 LICENSES AND PERMITS 1,114,000 1,114,000.00 1,319,955.30 205,955 INTERGOVERNMENTAL REV. 477,720 477,720.00 443,124.93 -34,595 SERVICE FEES 1,594,700 1,594,700.00 1,810,720.75 216,021 FINES AND FORFEITURES 371,000 371,000.00 643,057.00 272,057 INTEREST INCOME 100,000 100,000.00 325,587.77 225,588 MISCELLANEOUS INCOME 62,040 62,040.00 145,039.88 83,000 OTHER FINANCING SOURCES 440,450 440,450.00 422,808.44 -17,642 TOTAL REVENUES 16,440,420 16,440,420 18,280,553 1,840,133 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 105,930 105,930.00 84,134.50 -21,796 CITY MANAGER 423,410 423,410.00 377,791.14 -45,619 CITY SECRETARY 202,380 202,380.00 195,305.12 -7,075 CITY ATTORNEY 117,000 117,000.00 129,628.24 12,628 FINANCE 527,500 527,500.00 518,004.15 -9,496 FLEET&FACILITIES SVC 158,250 158,250.00 157,614.75 -635 SUPPORT SERVICES ADMIN. 144,750 144,750.00 143,904.00 -846 MUNICIPAL COURT 236,890 236,890.00 220,344.44 -16,546 HUMAN RESOURCES 157,770 157,770.00 149,931.38 -7,839 PURCHASING 96,960 96,960.00 95,663.55 -1,296 INFORMATION TECHNOLOGY 117,980 117,980.00 124,329.43 6,349 POLICE 3,726,180 3,726,180.00 3,534,137.25 -192,043 FIRE 3,788,230 3,788,230.00 3,581,393.15 -206,837 ANIMAL CONTROL 648,770 648,770.00 688,172.94 39,403 PLANNING 258,010 258,010.00 184,408.33 -73,602 BUILDING INSPECTION 689,090 689,090.00 607,150.65 -81,939 CODE ENFORCEMENT 144,230 144,230.00 75,722.21 -68,508 STREETS 1,576,148 1,576,147.82 1,565,353.42 -10,794 PARKS 1,205,230 1,205,230.00 1,138,303.34 -66,927 RECREATION 266,550 266,550.00 277,681.19 11,131 LIBRARY 595,760 595,760.00 566,350.01 -29,410 COMBINED SERVICES 2,200,870 2,200,870.00 2,300,325.70 99,456 TOTAL EXPENDITURES 17,387,888 17,387,888 16,715,649 -672,239 REVENUES OVER/(UNDER)EXPENDITURES -947,468 -947,468 1,564,904 2,512,372 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:SEPTEMBER 30,2006 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2005-2006 2005-2006 2005-2006 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 7,992,400 7,992,400.00 10,790,740.69 2,798,341 INTEREST INCOME 60,000 60,000.00 683,807.95 623,808 MISCELLANEOUS INCOME 40,000 40,000.00 308,076.24 268,076 OTHER FINANCING SOURCES 1,206,000 1,206,000.00 1,206,598.00 598 TOTAL REVENUES 9,298,400 9,298,400 12,989,223 3,690,823 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 340,580 340,580.00 349,203.85 8,624 UTILITIES-WATER 1,049,880 1,049,880.00 1,059,113.85 9,234 CITY ENGINEER 419,670 419,670.00 391,992.29 -27,678 UTILITIES-SEWER 492,010 492,010.00 435,973.89 -56,036 UTILITY BILLING 2,441,460 2,441,460.00 2,456,495.15 15,035 COMBINED SERVICES 6,072,540 6,072,540.00 5,345,458.40 -727,082 TOTAL EXPENDITURES 10,816,140 10,816,140 10,038,237 -777,903 REVENUES OVER/(UNDER)EXPENDITURES -1,517,740 -1,517,740 2,950,985 4,468,725 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:OCTOBER 31,2006 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2005-2006 2005-2006 2005-2006 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 12,696,160 358,239.39 106,464.38 -251,775 FRANCHISE FEES 1,671,130 38,973.30 0 -38,973 LICENSES AND PERMITS 1,153,000 92,944.90 94,895.21 1,950 INTERGOVERNMENTAL REV. 300,480 34,040.88 4,546.86 -29,494 SERVICE FEES 1,838,400 122,065.44 215,432.99 93,368 FINES AND FORFEITURES 541,000 45,065.30 54,472.41 9,407 INTEREST INCOME 100,000 8,330.00 0 -8,330 MISCELLANEOUS INCOME 55,000 4,581.50 2,588.79 -1,993 OTHER FINANCING SOURCES 827,860 68,973.37 0 -68,973 TOTAL REVENUES 19,183,030 773,214 478,401 -294,813 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 129,500 10,791.63 8,806.61 -1,985 CITY MANAGER 438,900 36,574.89 28,487.82 -8,087 CITY SECRETARY 234,220 19,518.37 13,827.62 -5,691 CITY ATTORNEY 133,000 11,083.37 0 -11,083 FINANCE 653,930 54,494.02 24,257.55 -30,236 FLEET&FACILITIES SVC 164,150 13,679.13 16,613.35 2,934 SUPPORT SERVICES ADMIN. 0 0 -829.6 -830 MUNICIPAL COURT 272,660 22,721.63 33,346.09 10,624 HUMAN RESOURCES 191,070 15,922.72 9,537.85 -6,385 PURCHASING 104,340 8,694.67 4,952.64 -3,742 INFORMATION TECHNOLOGY 234,020 19,501.63 29,093.07 9,591 POLICE 4,480,780 373,398.37 321,641.80 -51,757 FIRE 4,179,640 348,303.59 328,741.71 -19,562 ANIMAL CONTROL 268,140 22,345.22 12,634.44 -9,711 PLANNING 424,610 35,384.24 13,990.80 -21,393 BUILDING INSPECTION 681,580 56,798.59 32,591.52 -24,207 CODE ENFORCEMENT 148,690 12,390.76 8,300.93 -4,090 STREETS 1,954,540 162,878.59 158,792.92 -4,086 PARKS 1,326,440 110,536.41 161,164.19 50,628 RECREATION 275,540 22,961.63 14,017.97 -8,944 LIBRARY 660,470 55,039.13 66,922.81 11,884 COMBINED SERVICES 2,517,760 209,813.26 210,575.48 762 TOTAL EXPENDITURES 19,473,980 1,622,832 1,497,468 -125,364 REVENUES OVER/(UNDER)EXPENDITURES -290,950 -849,618 -1,019,067 -169,449 Footnotes: CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:OCTOBER 31,2006 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2005-2006 2005-2006 2005-2006 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,463,000 705,250.00 883,642.01 178,392 INTEREST INCOME 50,000 4,166.63 0 -4,167 MISCELLANEOUS INCOME 136,860 11,405.00 2,964.50 -8,441 OTHER FINANCING SOURCES 0 0.00 0.00 0 TOTAL REVENUES 8,649,860 720,822 886,607 165,785 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 337,650 28,137.39 15,561.78 -12,576 UTILITIES-WATER 1,091,690 90,974.35 79,205.47 -11,769 CITY ENGINEER 440,490 36,707.50 26,931.04 -9,776 UTILITIES-SEWER 600,360 50,030.22 21,483.29 -28,547 UTILITY BILLING 921,330 76,777.72 48,695.73 -28,082 COMBINED SERVICES 6,475,490 539,624.13 50,600.46 -489,024 TOTAL EXPENDITURES 9,867,010 822,251 242,478 -579,774 REVENUES OVER/(UNDER)EXPENDITURES -1,217,150 -101,430 644,129 745,558 Footnotes: CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:NOVEMBER 30,2006 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2005-2006 2005-2006 2005-2006 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 12,696,160 1,010,267.18 439,404.77 -570,862 FRANCHISE FEES 1,671,130 57,897.30 14,200.93 -43,696 LICENSES AND PERMITS 1,153,000 149,489.80 179,650.04 30,160 INTERGOVERNMENTAL REV. 300,480 39,661.96 30,138.32 -9,524 SERVICE FEES 1,838,400 251,999.16 350,145.04 98,146 FINES AND FORFEITURES 541,000 90,130.60 95,916.29 5,786 INTEREST INCOME 100,000 16,660.00 0 -16,660 MISCELLANEOUS INCOME 55,000 9,163.00 13,477.33 4,314 OTHER FINANCING SOURCES 827,860 137,991.70 0 -137,992 TOTAL REVENUES 19,183,030 1,763,261 1,122,933 -640,328 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 129,500 21,583.30 40,694.66 19,111 CITY MANAGER 438,900 73,149.90 74,345.26 1,195 CITY SECRETARY 234,220 39,036.70 28,468.94 -10,568 CITY ATTORNEY 133,000 22,166.70 7,839.49 -14,327 FINANCE 653,930 108,988.20 60,680.09 -48,308 FLEET&FACILITIES SVC 164,150 27,358.30 26,647.64 -711 SUPPORT SERVICES ADMIN. 0 0 -751.51 -752 MUNICIPAL COURT 272,660 45,443.30 50,502.18 5,059 HUMAN RESOURCES 191,070 31,845.20 27,932.03 -3,913 PURCHASING 104,340 17,389.70 13,849.20 -3,541 INFORMATION TECHNOLOGY 234,020 39,003.30 63,018.33 24,015 POLICE 4,480,780 746,796.70 654,829.06 -91,968 FIRE 4,179,640 696,606.90 613,242.89 -83,364 ANIMAL CONTROL 268,140 44,690.20 30,100.39 -14,590 PLANNING 424,610 70,768.40 31,334.69 -39,434 BUILDING INSPECTION 681,580 113,596.90 83,655.97 -29,941 CODE ENFORCEMENT 148,690 24,781.60 17,856.27 -6,925 STREETS 1,954,540 325,756.90 459,078.56 133,322 PARKS 1,326,440 221,073.10 225,778.63 4,706 RECREATION 275,540 45,923.30 17,109.70 -28,814 LIBRARY 660,470 110,078.30 113,032.11 2,954 COMBINED SERVICES 2,517,760 419,626.60 345,909.98 -73,717 TOTAL EXPENDITURES 19,473,980 3,245,664 2,985,155 -260,509 REVENUES OVER/(UNDER)EXPENDITURES -290,950 -1,482,403 -1,862,222 -379,819 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:NOVEMBER 30,2006 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2005-2006 2005-2006 2005-2006 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,463,000 1,410,500.00 1,621,870.90 211,371 INTEREST INCOME 50,000 8,333.30 0 -8,333 MISCELLANEOUS INCOME 136,860 22,810.00 5,019.50 -17,791 OTHER FINANCING SOURCES 0 0 0 0 TOTAL REVENUES 8,649,860 1,441,643 1,626,890 185,247 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 337,650 56,274.90 45,063.84 -11,211 UTILITIES-WATER 1,091,690 181,948.50 145,333.22 -36,615 CITY ENGINEER 440,490 73,415.00 56,735.56 -16,679 UTILITIES-SEWER 600,360 100,060.20 52,996.34 -47,064 UTILITY BILLING 921,330 153,555.20 89,169.03 -64,386 COMBINED SERVICES 6,475,490 1,079,248.30 994,314.91 -84,933 TOTAL EXPENDITURES 9,867,010 1,644,502 1,383,613 -260,889 REVENUES OVER/(UNDER)EXPENDITURES -1,217,150 -202,859 243,278 446,136 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:DECEMBER 31,2006 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2005-2006 2005-2006 2005-2006 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 12,696,160 6,661,166.82 912,939.03 -5,748,228 A FRANCHISE FEES 1,671,130 69,641.30 27,614.47 -42,027 LICENSES AND PERMITS 1,153,000 208,334.70 217,318.20 8,984 INTERGOVERNMENTAL REV. 300,480 49,862.84 72,486.77 22,624 SERVICE FEES 1,838,400 397,126.80 503,746.88 106,620 FINES AND FORFEITURES 541,000 135,195.90 130,361.17 -4,835 INTEREST INCOME 100,000 24,990.00 0 -24,990 MISCELLANEOUS INCOME 55,000 13,744.50 16,306.11 2,562 OTHER FINANCING SOURCES 827,860 206,965.03 0 -206,965 TOTAL REVENUES 19,183,030 7,767,028 1,880,773 -5,886,255 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 129,500 32,374.97 50,960.36 18,585 CITY MANAGER 438,900 109,724.91 133,089.19 23,364 CITY SECRETARY 234,220 58,555.03 49,861.76 -8,693 CITY ATTORNEY 133,000 33,250.03 15,917.00 -17,333 FINANCE 653,930 163,482.38 125,688.69 -37,794 FLEET&FACILITIES SVC 164,150 41,037.47 34,453.67 -6,584 SUPPORT SERVICES ADMIN. 0 0 -747.46 -747 MUNICIPAL COURT 272,660 68,164.97 73,260.23 5,095 HUMAN RESOURCES 191,070 47,767.68 47,819.25 52 PURCHASING 104,340 26,084.73 24,462.04 -1,623 INFORMATION TECHNOLOGY 234,020 58,504.97 73,336.63 14,832 POLICE 4,480,780 1,120,195.03 1,025,969.27 -94,226 FIRE 4,179,640 1,044,910.21 1,021,052.33 -23,858 ANIMAL CONTROL 268,140 67,035.18 72,862.22 5,827 PLANNING 424,610 106,152.56 55,299.43 -50,853 BUILDING INSPECTION 681,580 170,395.21 149,202.45 -21,193 CODE ENFORCEMENT 148,690 37,172.44 31,911.45 -5,261 STREETS 1,954,540 488,635.21 544,261.92 55,627 PARKS 1,326,440 331,609.79 305,208.81 -26,401 RECREATION 275,540 68,884.97 21,637.09 -47,248 LIBRARY 660,470 165,117.47 164,389.65 -728 COMBINED SERVICES 2,517,760 629,439.94 529,639.40 -99,801 TOTAL EXPENDITURES 19,473,980 4,868,495 4,549,535 -318,960 REVENUES OVER/(UNDER)EXPENDITURES -290,950 2,898,533 -2,668,763 -5,567,295 Footnotes: A.Taxes are received in January and accrued back. CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:DECEMBER 31,2006 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2005-2006 2005-2006 2005-2006 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 7,992,400 7,327,616.67 8,221,081.95 893,465 INTEREST INCOME 60,000 55,000.00 140,780.62 85,781 MISCELLANEOUS INCOME 40,000 36,666.67 59,787.16 23,120 OTHER FINANCING SOURCES 1,206,000 1,206,000.00 1,206,598.00 598 TOTAL REVENUES 9,298,400 8,625,283 9,628,248 1,002,964 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 340,580 314,934.98 303,488.23 -11,447 UTILITIES-WATER 1,049,880 964,484.18 949,057.73 -15,426 CITY ENGINEER 419,670 385,916.65 354,195.63 -31,721 UTILITIES-SEWER 492,010 450,925.02 399,209.03 -51,716 UTILITY BILLING 2,441,460 2,348,162.53 2,403,799.51 55,637 COMBINED SERVICES 6,072,540 5,567,703.33 4,895,260.11 -672,443 A TOTAL EXPENDITURES 10,816,140 10,032,127 9,305,010 -727,116 REVENUES OVER/(UNDER)EXPENDITURES -1,517,740 -1,406,843 323,237 1,730,081 Footnotes: A.Timing issue with receipt of invoices/payment date. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 23, 2007 Item Number: E Department: Finance (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: 611-5715-56330 Date Prepared: January 11, 2007 Budgeted Amount: $ 10,000 Exhibits: Contract/Resolution Subject Consider, and act upon, Resolution No. 2007-05(R) ratifying the execution of a contract with Chase/Paymenteck by the City Manager to provide processing and collection services for the City's credit card receivables. Recommendation Motion to approve Resolution No. 2007-05(R) ratifying the execution of a contract with Chase/Paymenteck by the City Manager to provide processing and collection services for the City's credit card receivables. Discussion The Finance Department solicited bids for merchant banking services to process and collect credit card receivables for the City. The City Council approved the award of the bid to Chase/Paymenteck. The attached contract reflects the terms and conditions of Chase/Paymenteck's bid. As City Council is aware, there will be a $3.00 convenience fee charged per transaction to cover the cost of the credit card program. Approved By Initial Date Department Director LW 1/11/07 City Manager 1 f�Z_ ditt/07 Page 1 of 1 RESOLUTION NO. 2007-05(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT HEREBY RATIFIES, APPROVES AND CONFIRMS ALL ACTIONS TAKEN HERETOFORE IN CONNECTION WITH THE EXECUTION OF A CONTRACT WITH CHASE/PAYMENTECK BY ITS CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION I. Ratification of Contract The City Council of the City of Wylie, Texas, hereby ratifies, approves and confirms all actions taken heretofore in connection with the execution of a contract with Chase/Paymentech by the City Manager on behalf of the City Council of the City of Wylie, Texas, which is attached hereto as Exhibit"A"and incorporated herein for all purposes. SECTION II. Effective Date That this resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 23rd day of January, 2007. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Resolution No.2007-05(R) Ratification of Contract with Chase/Paymenteck 468160.v 1 CHASE O r MERCHANT APPLICATION AND AGREEMENT PARTIES AND SERVICES Paymentech INTERNAL USE ONLY MERCHANT# MCC REFEBJ AL SOURCE/ASSOCIATION NAME <itei-V,E 75S M li/l AGENT# CORP# CHAIN# • S EPRESENTAT PHONE SALES IDPT REFERRAL NU ER rr0. -. ri`b.e y353 2. I Z,(03 b102'7 ESTIMATED DATE OF FIRST CREDIT CARD ACCEPTANCE: CARD ACCEPTANCE REQUESTED: ❑CREDIT ONLY 0 DEBIT ONLY, 1CREDIT and DEBIT MERCHANT INFORMATION* BUSINESS/� LEGALY NAME r , IS YOUR BUSINESS SEASONAL? (� t 1 \ c W E v L ( E ❑YES ❑NO MAILING/BILLING ADDRESS CITY STATE ZIP.., -)--0 0 d -l-Rw Y -1 K IN0 rit K 1-0 Y L l E C [ S 8 S 8 ( 4T EPHOQE NUMBER DBA FAX Sr TAX ID# TOT L#OFOF LOCATIONS i) `44 - —O 1 LI I LEGAL FAX#" /--7 �"t/0c� !'7 19`) 4- MERCHANT"DOING BUSINESS AS"NAME BUSINESS START DATE (MONTH/YEAR) HOW LONG AT THIS LOCATION? ►T: O F W Lta -- UT1Lrt(t - LO ATI )cADDRESS(No P.O.Box) 7 E N , 0 2 1 H CITY STATE ZIP I 1 Y I" f, w " LI E 7X 12 So sc) CTLEP ONE NUMBER PRIMARY MERCHANT CONTACT E-MAIL ADDRESS" f1z 4 - - 8t3( 1441j= •PH c_ - 1441 KE. P1-t- L.Ps ' w,ruc rEMC . 6ol. TYPE OF OWNERSHIP:,❑, SOLE OWNERSHIP 0 PARTNERSHIP 0 JOINT VENTURE 0 LLC 0 PUBLIC CORP 0 PRIVATE CORP r4- •"T.CORP 0 NON-PROFIT 0 OTHER n TYPE OF BUSINESS: rtETAIL 0 WHOLESALE 0 RESTAURANT 0 LODGING ❑MAIL ORDER 0 TELEPHONE ORDER ❑CONVENIENCE STORE ❑ CONVENIENCE STORE WITH GAS 0 INTERNET 0 BUSINESS TO BUSINESS ❑HOME-BASED ❑OTHER LIST ALL WEBSITE ADDRESSES: DESCRIBE THE MERCHANDISE SOLD OR SERVICE PROVIDED C ( T`r SE,,evie_Cc �.r+, Uuf�ier2, ( 6ur_L.6lNC- 'P6rx Ci , Cou,e-(' FIJN S CHECK METHOD OF ADVERTISING AND INCLUDE ANY MATERIALS: YELLOW PAGES AD ❑ DIN CATALOG 0 DIRECT MAIL—LETTER/BROCHURE 0 TV/RADIO 0 TELEPHONE/TELEMARKETING 0 NEWSPAPER/MAGAZINE ADVERTISEMENT 0 REFERRAL 0 INTERNET/E-MAIL MAIUFAX CHARGEBACK/RETRIEVALS TO:QQGTLET OCORPORATE in. /� /'; $3 RECON SOLUTIONS DELIVER STATEMENTS TO:❑OUTLET [j]4.�ORPORATE DELIVER BY:0 MAIL (-MAIL" I I.E LIS S 4 . B. "C.D Q. ❑OUTLET OCHAIN LuYLItE Tex A.S* EOf/ AMERICAN EXPRESS MERCHANT�#4� l DISCOVER MERCHANT# EQUIPMENT TYPE: ❑RENT I�} RCHASE 0 LEASE ❑REPROGRAM 0 SOFTWARE CODING ONLY: SALES DEPOSIT&REFUND POLICY %ANNUAL CREDIT CARD SALES GENERATED BY: [MAIL/PHONE %] [INTERNET %] [CARD SWIPE/ %] [HAND-KEYED ITEMS FACE-TO-FACE %] TOTAL=100% PERCENTAGE OF CUSTOMER ORDERS DELIVERED IN: [0 DAYS/C12,/] [1-7 DAYS %] [8-14 DAYS %] [15-30 DAYS %J [MORE THAN 30 DAYS %] TOTAL=100% NUMBER OF DAYS TO PREPARE SHIPMENTS FOR DELIVERY TO CUSTOMER FROM DATE OF ORDER: 9" ARE CUSTOMERS REQUIRED TO PROVIDE A DEPOSIT? 0 YES M NO IF A DEPOSIT IS REQUIRED,WHAT PERCENT OF THE TOTAL SALE IS REQUIRED? % MCNISA SALES ARE DEPOSITED(CHECK ONE): 0 AT DATE OF ORDER IF AT DATE OF DELIVERY 0 OTHER DO YOU HAVE A REFUND POLICY FOR YOUR MASTERCARDNISA SALES? El YES 0 NO CHECK THE APPLICABLE REFUND POLICY: 0 EXCHANGE 0 STORE CREDIT ®MCNISA CREDIT 0 OTHER IF MCNISA CREDIT,WITHIN HOW MANY DAYS DO YOU DEPOSIT CREDIT TRANSACTIONS? ®0-3 DAYS 0 4-7 DAYS 0 8-14 DAYS WHAT%OF PRODUCT/SERVICE DOES CUSTOMER RECEIVE AT TIME OF PURCHASE: , % OWNERS/OFFICERS* (List the two owners with the largest share of ownership.Information on the individual(s)signing the application is needed below.) 1.NAME TITLE PERCENT OF OWNERSHIP La k_te_- (.v 1 L.L. t i ttl1 S 0 ev- fit-- (K) t\--KJ c" ( i O( d RESIDENCE ADDRESS CITY STATE ZIP HOME TELEP TELEPHONE 1. I SOCIAL SECURITY# DATE OF BIRTH DRIVER'S LICENSE# STATE 2.NAME 4-, TITLE PERCENT OF OWNERSHIP I'it I YV1. r' YV1 /r IV S eg Kra (! l T Y Wt el n/R-&-ER - O % RESIDENCE ADDRESS CITY STATE ZIP HOME TELEPHONE SOCIAL SECURITY# DATE OF BIRTH DRIVER'S LICENSE# STATE COMPANY PRESIDENT COMPANY CFO A b Le A-A) 0 P} 2 IN 1 1.,L 1 Pc 01 4 0 i\— CREDIT INFORMATION ANNUAL VISA/MASTERCARD VOLUME AVERAGE CREDIT CARD TICKET TOTAL SALES # I.SnkM. ¢ /J-0 $`32 A,...` *Federal regulations require that we collect information to verify customer identity and that we retain this information in our records. *By providing us your fax number and e-mail address,you agree that we may fax and/or email information to you from time to time regarding our products and services, and third party products and services which may be of interest to you. Retail Standard 2/06 MAIL OR TELEPHONE ORDER SALES Coil pir_te rf� w sales dre genera e by rrtail lc lephone Cr Inter et eiders or 11 your .roduet is r t d_sip erect al the point oI sale i NAME OF FULFILLMENT HOUSE(IF ANY) DELIVERY TIME FRAME IF USING A FULFILLMENT HOUSE,WHO OWNS THE MAJORITY OF THE INVENTORY? 0 MERCHANT ❑FULFILLMENT HOUSE FULFILLMENT HOUSE—STREET ADDRESS CITY STATE ZIP BANK REFERENCES(attach separate sheet with trade references if applicable) BANK NAME (Please attach preprinted voided check.) TRANSIT ROUTING#(ABA#) ACCOUNT NUMBER ' Ail A / .*frf e9- / ' . 9 4,1 a o_5' O 0 o O S A: p s So u r�tl h' - Y 78 CITY llN Y L/t. A ZIP IF THE MERCHANT HAS PREVIOUSLY ACCEPTED CREDIT CARDS.THE LAST 3 MONTHS'MERCHANT STATEMENTS MUST BE PROVIDED CURRENT CREDIT CARD PROCESSING BANK,IF APPLICABLE REASON FOR LEAVING CURRENT PROCESSOR(IF APPLICABLE) BANK OR PROCESSOR NAME: CITY STATE ZIP CONTACT PHONE HAVE ANY OF THE PRINCIPALS EVER FILED FOR BANKRUPTCY? 0 YES ❑NO IF YES,NAME: CHAPTER FILED: DATE: HAVE ANY OF THE PRINCIPALS EVER MANAGED OR OWNED ANOTHER BUSINESS THAT ACCEPTED CREDIT CARDS? ❑YES ❑NO IF YES,PROVIDE BUSINESS NAME: CITY/STATE: THIS MERCHANT APPLICATION AND AGREEMENT(this"Agreement")is entered into by and between PAYMENTECH,L.P.,a Delaware limited partnership,for itself and on behalf of JPMorgan Chase Bank,N.A.and the Merchant identified in this Agreement.Under the terms of this Agreement,Company will be the sole provider to Merchant of the services necessary to authorize,process and settle all of Merchant's credit and debit card transactions set forth in Schedule A to this Agreement.If a third party referred you to us for the services provided under this Agreement,such third party may be party to the Agreement,but has no rights with respect to Merchant except as provided in such third party's agreement with us. FOR MERCHANT AND INDIVIDUAL GUARANTORS-As the person signing below on behalf of the business designated on the above Application("Merchant"),I certify that I am an owner,partner or officer of the Merchant and have been duly authorized to sign this Merchant Application and Agreement on behalf of the Merchant.Merchant and each guarantor signing below("Guarantor")hereby acknowledge that they have each received and read(1)Terms and Conditions for Merchant Agreement,(2)Schedule A(Pricing)and(3)the Operating Guides- Retail and Mail Order/Telephone Order/Internet Transactions.Merchant agrees to be bound by the terms and conditions contained in those documents,and each Guarantor hereby agrees to be bound as a Guarantor of the Merchant's obligations under this agreement,according to the Personal Guaranty contained in the Terms and Conditions for Merchant Agreement.Merchant hereby authorizes Paymentech to credit and debit Merchant's designated bank account(s)in accordance with this Agreement.Merchant represents and warrants that all information on this Application,and the related information submitted in conjunction with the Application,is true,complete and not misleading.The Application now belongs to Paymentech.Merchant understands that the application fee is non-refundable.Merchant,each Owner/Officer and each Guarantor hereby authorizes and agrees that Paymentech,or its designee,may investigate and verify the credit and financial information of Merchant,each Owner/Officer and any individual Guarantor and may obtain consumer and commercial credit reports on the Guarantors, Owners/Officers and Merchant from time to time.If the Application is approved,subsequent consumer and business credit reports may be required or used in connection with the maintenance,updating,renewal or extension of the Agreement.The Merchant,Owners/Officers and each Guarantor agrees that all business references,including banks,may release any and all credit and financial information to Paymentech.ANY UNILATERAL ALTERATION,STRIKEOVER OR MODIFICATION TO THE PREPRINTED TEXT OR LINE ENTRIES OF THIS MERCHANT APPLICATION AND LEGAL AGREEMENT SHALL BE OF NO EFFECT WHATSOEVER,AND AT PAYMENTECH'S SOLE DISCRETION,MAY RENDER THIS MERCHANT APPLICATION INVALID. MERCHANT: ��, Eli-1 BUSIN LE L � By: divid I Si ature(#1 from plication) Individual Sign ture ro appli Lion) Title: C IA../2 "2 "0` . Title: v t T ",, lrYt A t A- Ie,Date: I `0 3 -0 7 Print Individual Name:LA-e.Q Y Lk) t L L t 9v al S Q t1' Print Individual Name: Y Y` I I v t V 1'` /,..t GUARANTORS: Individual Signature Individual Signature Print Guarantor Name: Date: Print Guarantor Name: Date: For Paymentech to request an American Express Number on behalf of the merchant through the AMEX ESA Program:By signing below,I represent that the information I have provided on the Application is complete and accurate and I authorize American Express Travel Related Services Company,Inc.("American Express")to verify the information on this Application and to receive and exchange information about me,including,requesting reports from consumer reporting agencies.If I ask American Express whether or not a consumer report was requested,American Express will tell me,and if American Express received a report,American Express will give me the name and address of the agency that furnished it.I understand that upon American Express'approval of the business entity indicated above to accept the American Express Card, the Terms and Conditions for American Express Card Acceptance("Terms and Conditions")will be sent to such business entity along with a Welcome Letter.By accepting the American Express Card for the purchase of goods and/or services,you agree to be bound by the Terms and Conditions. For Paymentech to request a Discover Number on behalf of the merchant through the Discover easi Program:Client acknowledges that by accepting a Discover card for payment,Client agrees to the terms and conditions of Discover Business Services("Discover"). Such terms and conditions will be sent to Client by Discover. Signature: Date: AMEX Volume: Rate/Monthly Fee: Discover Rate: Membership Fee: Transaction fee: APPROVED: PAYMENTECH,L.P.,by PTI General Partner,LLC,its general partner,for itself and on behalf of JPMorgan Chase Bank,N.A. By: Title: Date: Retail Standard 2/06 ADDITIONAL LOCATION REQUEST(Rev 04/20/05) Submitted By Lf}12(Z,U (-U f l., l 01 Q lti: Date / / RM Submitter's Phone# SET-UP INFO: Agent Existing Merchant# Corp New Merchant# Chain Reporting Only X-ref Product/Svc Sold PNS Client# Annual Volume Average Ticket PNS Division# Master Contract on File®Yes 0 No Swiped% MCC MOTO% FDMS Security Code If more than 25%MOTO: Days to Delivery V/MC Sales Deposited CORPORATE/LEGAL INFO: BILL TO(If different from legal name): Legal Name Phone Address Fax City,State,Zip Tax ID Type of Ownership Owner/Officer Social Security Title OUTLET/DBA INFO: DBA Name G I 1 Y OF (.Acl r'(--/6 — / _ RE(° Contact 12 c,8 E,=. i D I A 2- Address /0 0 0,4,C s Phone ( 0.0 y,/G / ry 7 City,State,Zip t .'KC/ % -X 4 S So 9 8 Fax Contacts E-Mail �i 8 /L T, / Z Y -/E-reA/I-S , Internet 12-Yes 0 No I Web Site Print screens of the physical address and return policy off of the web site are required for internet accounts. Business to Business? ❑Yes ❑No Home Based?❑Yes 0 No STATEMENTS: PTI Z FDMS 0 Delivery:Mail❑ Email 0 Hold 0 Statement Email address: Send Statements/Recap Code Choose Statement Frequency(choose one) Daily 0 Weekly ❑ Monthly 0 Pay Code Choose Reject Notification Choose BANK INFO: DDA#1 T/R _ DDA#2 T/R DDA'S FOR FUNDING: Deposits Non-Bank Deposit Adj Chargebacks Chargeback Rev. Interchg/Asmt Disc./Sery Fees Financial Adj. Choose Choose Choose Choose Choose Choose Choose Choose Choose ROLL-UP INDICATORS: Deposits Non-Bank Deposit Adj Chargebacks Chargeback Rev. Interchg/Asmt Disc./Sery Choose Choose Choose Choose Choose Choose Choose Fees Financial Adj. Choose Choose CHARGEBACK/RETRIEVAL INFO: Chargeback 0 Chain 0 Outlet 0 Mail _ 0 Fax Fax#( ) - Retrieval 0 Chain 0 Outlet ❑Mail 0 Fax Fax#( ) - SUPPLIES: (Send supplies to 0 Corp 0 Outlet) Billing Method ❑Monthly Fee 0 By Order 0 Included in Discount SPECIAL REPORTING: 0 ROL (select one) ❑outlet 0 chain ❑corporate 0 My Merchant View 0 SEWorkstation ❑Other Comments: For those wanting to accept American Express: By signing below,I represent that the information I have provided on the Application is complete and accurate and I authorize American Express Travel Related Services Company,Inc.,("American Express")to verify the information on this Application and to receive and exchange information about me, including,requesting reports from consumer reporting agencies. If I ask American Express whether or not a consumer report was requested,American Express will tell me,and if American Express received a report,American Express will give me the name and address of the agency that furnished it. I understand that upon American Express'approval of the business entity indicated above to accept the American Express Card,the Terms and Conditions for American Express Card Acceptance("Terms and Conditions")will be sent to such business entity along with a Welcome Letter. By accepting the American Express Card for the purchase of goods and/or services,you agree to be bound by the Terms and Conditions. Signature: , Date: AMEX Volume: Rate/Monthly Fee: Date: Print Name LA}(_//Z.` ( (_L. t /c-✓Vt- Title F i {l1,1-vu 116 Q'( O a Signature P Date \ Z 1 2_. / 0 fo ADDITIONAL LOCATION REQUEST(Rev 04/20/05) Submitted By ( P1-2.12. Y Cx-3 ILL, (A-%MS d it-) Date / / RM Submitter's Phone# SET-UP INFO: Agent Existing Merchant# Corp New Merchant# Chain Reporting Only X-ref Product/Svc Sold PNS Client# Annual Volume Average Ticket PNS Division# Master Contract on File®Yes ❑No Swiped% MCC MOTO% FDMS Security Code If more than 25%MOTO: Days to Delivery V/MC Sales Deposited CORPORATE/LEGAL INFO: BILL TO(If different from legal name): Legal Name Phone Address Fax City,State,Zip Tax ID Type of Ownership Owner/Officer Social Security Title OUTLET/DBA INFO: DBA Name (t, I T T 0 l= Loy I.l /4 Kl i V)14-L Contact S (-tt E `1 L. P J G k Address 94 9 I-I Erg.►SL-S-- L fl rJ F_ Phone ?L, 4 L — t 2.(raQ City,State,Zip e l TY O F W Y LI E "7 5O 9 Fax Contacts E-Mail 5 E-K r .' ( -• P U C.H @ Lt.)Y L-(E I F)( A C Internet 2-Yes 0 No Web Site Print screens of the physical address and return policy off of the web site are required for internet accounts. Business to Business? 0 Yes 0 No Home Based?0 Yes ❑No STATEMENTS: PTI® FDMS 0 Delivery:Mail 0 Email ❑ Hold 0 Statement Email address: Send Statements/Recap Code. Choose Statement Frequency(choose one) Daily 0 Weekly 0 Monthly ❑ Pay Code Choose Reject Notification Choose BANK INFO: DDA#1 T/R DDA#2 T/R DDA'S FOR FUNDING: Deposits Non-Bank Deposit Adj Chargebacks Chargeback Rev. Interchg/Asmt Disc./Sery Fees Financial Adj. Choose Choose Choose Choose Choose Choose Choose Choose Choose ROLL-UP INDICATORS: Deposits Non-Bank Deposit Adj Chargebacks _ Chargeback Rev. Interchg/Asmt Disc./Sery Choose Choose Choose Choose Choose Choose Choose Fees Financial Adj. Choose Choose CHARGEBACK/RETRIEVAL INFO: Chargeback 0 Chain ❑Outlet 0 Mail 0 Fax Fax#( ) - Retrieval ❑Chain 0 Outlet 0 Mail 0 Fax Fax#( ) - SUPPLIES: (Send supplies to 0 Corp 0 Outlet) Billing Method 0 Monthly Fee 0 By Order 0 Included in Discount SPECIAL REPORTING: 0 ROL (select one) 0 outlet 0 chain 0 corporate 0 My Merchant View 0 SEWorkstation 0 Other Comments: For those wanting to accept American Express: By signing below,I represent that the information I have provided on the Application is complete and accurate and I authorize American Express Travel Related Services Company,Inc.,("American Express")to verify the information on this Application and to receive and exchange information about me, including,requesting reports from consumer reporting agencies. If I ask American Express whether or not a consumer report was requested,American Express will tell me,and if American Express received a report,American Express will give me the name and address of the agency that furnished it. I understand that upon American Express'approval of the business entity indicated above to accept the American Express Card,the Terms and Conditions for American Express Card Acceptance("Terms and Conditions")will be sent to such business entity along with a Welcome Letter. By accepting the American Express Card for the purchase of goods and/or services,you agree to be bound by the Terms and Conditions. Signature: Date: AMEX Volume: Rate/Monthly Fee: Date: Print Name 6- I C L. 11'}vI'LS 0 tk.J Title F I v vU£ U ( Q- °L- 10, Signature, — Date I Z I -) / o ADDITIONAL LOCATION REQUEST(Rev 04/20/05) Submitted By LA-a.12 Y Lot L L i/t-MS. 0{1J Date / / RM Submitter's Phone# SET-UP INFO: Agent Existing Merchant# Corp New Merchant# Chain Reporting Only X-ref Product/Svc Sold PNS Client# Annual Volume Average Ticket PNS Division# Master Contract on File®Yes 0 No Swiped% MCC MOTO% FDMS Security Code If more than 25%MOTO: Days to Delivery V/MC Sales Deposited CORPORATE/LEGAL INFO: BILL TO(If different from legal name): Legal Name Phone Address Fax City,State,Zip Tax ID Type of Ownership Owner/Officer Social Security Title OUTLET/DBA INFO: DBA Name t? I TY OF W V t. 1 e — 'Q v/L►.S Contact eV A Ia l UE.2 Ii. Address )—O O O lam-W ; 7 A IA)a oeTl-\ Phone (q i 1) {4). -V/0 Z City,State,Zip C t MI' b F W'L t E 1 TI✓y it s Fax Contacts E-Mail VA . R i V R.A W 'Y Li T E)s , G m Internet As ❑No Site Print screens of the physical address and return policy off of the web site are required for internet accounts. Business to Business? ❑Yes ❑No Home Based?❑Yes ❑No STATEMENTS: PTI® FDMS❑ Delivery:Mail❑ Email ❑ Hold ❑ Statement Email address: Send Statements/Recap Code Choose Statement Frequency(choose one) Daily 0 Weekly 0 Monthly ❑ Pay Code Choose Reject Notification Choose BANK INFO: DDA#1 T/R DDA#2 T/R DDA'S FOR FUNDING: Deposits Non-Bank Deposit Adj Chargebacks Chargeback Rev. Interchg/Asmt Disc./Sery Fees Financial Adj. Choose Choose Choose Choose Choose Choose Choose Choose Choose ROLL-UP INDICATORS: Deposits Non-Bank Deposit Adj Chargebacks Chargeback Rev. Interchg/Asmt Disc./Sery Choose Choose Choose Choose Choose Choose Choose Fees Financial Adj. Choose Choose CHARGEBACK/RETRIEVAL INFO: Chargeback ❑Chain 0 Outlet ❑Mail ❑Fax Fax#( ) - Retrieval ❑Chain 0 Outlet 0 Mail 0 Fax Fax#( ) - SUPPLIES: (Send supplies to❑Corp ❑Outlet) Billing Method ❑Monthly Fee 0 By Order ❑Included in Discount SPECIAL REPORTING: ❑ROL (select one) ❑outlet ❑chain ❑corporate ❑My Merchant View ❑SEWorkstation ❑Other Comments: For those wanting to accept American Express: By signing below,I represent that the information I have provided on the Application is complete and accurate and I authorize American Express Travel Related Services Company,Inc.,("American Express")to verify the information on this Application and to receive and exchange information about me, including,requesting reports from consumer reporting agencies. If I ask American Express whether or not a consumer report was requested,American Express will tell me,and if American Express received a report,American Express will give me the name and address of the agency that furnished it. I understand that upon American Express'approval of the business entity indicated above to accept the American Express Card,the Terms and Conditions for American Express Card Acceptance("Terms and Conditions")will be sent to such business entity along with a Welcome Letter. By accepting the American Express Card for the purchase of goods and/or services,you agree to be bound by the Terms and Conditions. Signature: Date: AMEX Volume: Rate/Monthly Fee: Date: Print Name (,�f+r 1 L L I P OA 0 Ar Title //t14-ft/L6- cJ/,e -%Dom_ Signature Date l 11)_ 7/6' L ADDITIONAL LOCATION REQUEST(Rev 04/20/05) Submitted By [.(atQ -v w I LA_1 /\-O4 V Af Date /2.-l?7 C) ( RM Submitter's Phone# SET-UP INFO: Agent Existing Merchant# Corp New Merchant# Chain Reporting Only X-ref Product/Svc Sold PNS Client# Annual Volume Average Ticket PNS Division# Master Contract on File®Yes 0 No Swiped% MCC MOTO% FDMS Security Code If more than 25%MOTO: Days to Delivery V/MC Sales Deposited CORPORATE/LEGAL INFO: BILL TO(If different from legal name): Legal Name Phone Address Fax City,State,Zip Tax ID Type of Ownership Owner/Officer Social Security Title OUTLET/DBA INFO: DBA Name C /r-r O A. LAY/G.F - a 1✓/!/)(/c/G Contact So 1-t 0 hJ j 8 le& `1 Address ,2O p j} /-f w-7- 7 P/t/e,ei ii Phone City,State,Zip C/T-f c9!_ (ti)Y L I t TX 7 s0`f 8 Fax ? Z —4 Z- g', Contacts E-Mail 1-1 N `i * f3 c (? t- )'1' L E' M T 5 • Ge V Internet Lia Y 0 es ❑No 1 Web Sit Print screens of the physical address and return policy off of the web site are required for intemet accounts. Business to Business? El Yes El No Home Based?❑Yes ❑No STATEMENTS: PTI® FDMS 0 Delivery:Mail❑ Email El Hold 0 Statement Email address: Send Statements/Recap Code Choose Statement Frequency(choose one) Daily 0 Weekly ❑ Monthly 0 Pay Code Choose Reject Notification Choose BANK INFO: DDA#1 T/R DDA#2 T/R DDA'S FOR FUNDING: Deposits Non-Bank Deposit Adj Chargebacks Chargeback Rev. Interchg/Asmt Disc./Sery Fees Financial Adj. Choose Choose Choose Choose Choose Choose Choose Choose Choose ROLL-UP INDICATORS: Deposits Non-Bank Deposit Adj Chargebacks Chargeback Rev. Interchg/Asmt Disc./Sery Choose Choose Choose Choose Choose Choose Choose Fees Financial Adj. Choose Choose CHARGEBACK/RETRIEVAL INFO: Chargeback ❑Chain ❑Outlet 0 Mail El Fax Fax#( ) - Retrieval Cl Chain El Outlet 0 Mail ❑Fax Fax#( ) - SUPPLIES: (Send supplies to El Corp El Outlet) Billing Method El Monthly Fee ❑By Order 0 Included in Discount SPECIAL REPORTING: ❑ROL (select one) ❑outlet 0 chain 0 corporate 0 My Merchant View El SEWorkstation El Other Comments: For those wanting to accept American Express: By signing below,I represent that the information I have provided on the Application is complete and accurate and I authorize American Express Travel Related Services Company,Inc.,("American Express")to verify the information on this Application and to receive and exchange information about me, including,requesting reports from consumer reporting agencies. If I ask American Express whether or not a consumer report was requested,American Express will tell me,and if American Express received a report,American Express will give me the name and address of the agency that furnished it. I understand that upon American Express'approval of the business entity indicated above to accept the American Express Card,the Terms and Conditions for American Express Card Acceptance("Terms and Conditions")will be sent to such business entity along with a Welcome Letter. By accepting the American Express Card for the purchase of goods and/or services,you agree to be bound by the Terms and Conditions. Signature: Date: AMEX Volume: Rate/Monthly Fee: Date: Print Name L f 1ti.1 L. t o S Q r0 Title F l y'1 A-K/C,E t LE Q.1 7)Q. Signatur 7 Date 1 y 127 ( 0 w TERMS AND CONDITIONS FOR MERCHANT AGREEMENT (GOVERNMENT ENTITY) 1. Merchant's Acceptance of Cards. 1.1 Exclusivity. You will tender to us Sales Data generated from all your Card transactions via electronic data transmission according to our formats and procedures. You will not use the services of any bank,corporation,entity,or person other than Paymentech for authorization or processing of Visa or MasterCard transactions throughout the term of this Agreement. 1.2 Certain Card Acceptance Policies.Each sale you make involving a Card must be evidenced by a single Sales Data record completed with(i)the transaction date; (ii)a brief description of the goods or services sold,returned,or cancelled;(iii)the price of the goods or services,or amount of any credit or adjustment; (iv)the Cardholder name;(v)your name in a manner recognizable to Cardholders;(vi)your address;(vii)any applicable terms and conditions of the sale; and(viii)any other information that the applicable Association may require. You shall not impose any surcharge or finance charge on the Card transaction or otherwise require the Cardholder to pay any fees payable by you under this Agreement. You shall not set a dollar amount above or below which you refuse to honor otherwise valid Cards. With respect to any transaction for which a Card is not physically presented,such as in any on-line, mail,telephone,or pre-authorized transaction,you must(i)have notified us on your application or otherwise in writing of your intention to conduct such transactions and secured our agreement to accept them and(ii)have reasonable procedures in place to ensure that each Card sale is made to a purchaser who actually is the Cardholder or the authorized user of the Card. Notwithstanding the foregoing,you acknowledge that under the Association Rules,you cannot rebut a Chargeback where the Cardholder disputes making the purchase without an electronic record(for example, "swiping"or"tapping"a Card)or physical imprint of the Card. 1.3 Operating Guide;Association Rules.You agree to comply with the operating guide attached to this Agreement,as amended from time to time ("Operating Guide"),all Association Rules,and with such other procedures as we may from time to time prescribe for the creation or transmission of Sales Data.We may modify and supplement the Operating Guide in order to comply with requirements imposed by the Association Rules. You acknowledge that you have received a copy of the Operating Guide at or prior to your execution of this Agreement,and that you can also view the Operating Guide on-line at the Chase Paymentech Solutions Internet website. 1.4 Requirements for Sales Data. As to each Sales Data you tender to us for processing,you represent and warrant that: (1) The Sales Data represents payment or refund of payment for the bona fide sale or lease of the goods,services,or both,and the Sales Data is not submitted on behalf of a third party. (2) The Card transaction represents an obligation of the Cardholder for the amount of the Card transaction. (3) The Sales Data does not involve any element of credit for payment of a previously dishonored check or for any other purpose except payment for a current transaction and,except in the case of approved installment or pre-payment plans,the goods have been shipped or services actually rendered to the Cardholder. (4) The Sales Data is free from any alteration not authorized by the Cardholder. (5) The amount charged for the Card transaction is not subject to any dispute,setoff,or counterclaim. (6) Neither you nor your employee has advanced any cash to the Cardholder(except as authorized by the Rules)or to yourself or to any of your representatives,agents,or employees in connection with the Card transaction,nor have you accepted payment for effecting credits to a Cardholder's account. (7) The goods described in each Sales Data submission are your sole property and you are free to sell them. (8) You have made no representations or agreements for the issuance of refunds except as it states in your return/cancellation policy,which has been previously submitted to us in writing as provided in Section 3. (9) Any credit transaction submitted to us represents a refund or adjustment to a Card transaction previously submitted. (10)You have no knowledge or notice of information that would lead you to believe that the enforceability or collectibility of the subject Sales Data is in any manner impaired.The transaction is in compliance with all applicable laws,ordinances,and regulations.You have originated the Sales Data in compliance with this Agreement and the Association Rules. 2. Authorizations. 2.1 Obtaining Authorizations.You are required to obtain authorization/approval codes for all Card transactions by contacting the center designated by Paymentech. You acknowledge that authorization/approval code of a Card transaction indicates only that credit is available for the Card transaction at the time the authorization is given,and it does not constitute a representation from us or from an Association that a particular Card transaction is in fact a valid or undisputed transaction entered into by the actual Cardholder or an authorized user of the Card. 2.2 Lack of Authorization. We reserve the right to refuse to process any Sales Data presented by you(i)if you do not record a proper authorization/approval code,(ii)if we determine that the Sales Data is or will become uncollectible from the Cardholder to which the transaction would otherwise be charged,or(iii)if we determine that the Sales Data was prepared in violation of any provision of this Agreement. 3. Refunds and Adiustments. 3.1 Disclosure of Refund Policy. You are required to maintain a fair policy with regard to the return/cancellation of merchandise or services and adjustment of Card sales.You are required to disclose your return/cancellation policy to us on your application. Your return/cancellation policy must be disclosed to your customers. 3.2 Changes to Policy. Any change in your return/cancellation policy must be submitted in writing to us not less than 14 days prior to the effective date of such change. We reserve the right to refuse to process any Sales Data made subject to a revised return/cancellation of which we have not been notified in advance. 3.3 Procedure for Refunds/Adjustments. If you allow a price adjustment,return of merchandise,or cancellation of services in connection with a Card sale,you will prepare and deliver to us Sales Data reflecting such refund or adjustment within 3 days of receiving the Cardholder's request for such refund/adjustment. The amount of the refund/adjustment cannot exceed the amount shown as the total on the original Sales Data except by the exact amount required to reimburse the Cardholder for postage that the Cardholder paid to return merchandise. You are not allowed to accept cash or any other payment or consideration from a customer in return for preparing a refund to be deposited to the Cardholder's account nor to give cash refunds to a Cardholder in connection with a Card sale,unless required by law. 4. Settlement. 4.1 Submission of Sales Data. You are required to transmit your Sales Data to us no later than the next business day immediately following the day that such Sales Data is originated. You will be solely responsible for all communication expenses required to accomplish the transmission of Sales Data. For debit Card transactions that are credits to a Cardholder's account,you agree to transmit such transactions to us within 24 hours of receiving the Doc 11820 Rev12/06 authorization for such transaction. Unless otherwise indicated on Schedule A,you will be solely responsible for all communication expenses required to accept the transmission of Sales Data. 4.2 Merchant's Settlement Account. In order to receive funds from Paymentech,you must maintain a Settlement Account at a bank that is a member of the Automated Clearing House("ACH")system and the Federal Reserve wire system. You agree not to close your Settlement Account without giving us at least 5 days'prior written notice and substituting another Settlement Account. You are solely liable for all fees,costs,and expenses associated with your Settlement Account and for all overdrafts. You authorize Paymentech to initiate electronic credit and debit entries and adjustments to your bank account at any time without regard to the source of any monies in the Settlement Account. This authority will remain in full force and effect until we notify your bank that all monies due from you under this Agreement have been paid in full. We will not be liable for any of your losses or expenses whatsoever resulting from delays in receipt of funds or errors in Settlement Account entries caused by third parties,including,without limitation,delays or errors by either the Associations or your bank. 4.3 Travel and Entertainment Cards. You cannot submit any T&E Card transaction for processing by Paymentech unless you have a valid agreement in effect with the respective T&E Card company. For the T&E Card transactions designated on Schedule A,upon transmission of such Sales Data by you, we will forward the Sales Data to the appropriate T&E Card company. Except to the extent that we may provide funds settlement services for JCB transactions,payment of the proceeds due you will be governed by whatever agreement you have with that T&E Card company,and we do not bear any responsibility for their performance. If your agreement with a T&E Card company requires the T&E Card company's consent for us to perform the services contemplated by our Agreement,you are responsible for obtaining that consent. 4.4 Transfer of Settlement Funds.For all Card transactions,other than T&E Card transactions,we will process your Sales Data to facilitate the funds transfer between the various Associations and you for Card sales. Promptly after we receive credit for such Sales Data,we will provide provisional credit to the Settlement Account for the proceeds.The proceeds payable to you shall be equal to the amounts received by us in respect of your Sales Data minus the sum of the following: all fees,charges,and discounts set forth in Schedule A,all adjustments and Chargebacks,all equipment charges(if any),all Cardholder refunds,returns,and adjustments,all Reserve Account amounts,and any fees,charges,fines,assessments,penalties,or other liabilities that may be imposed on us or the Member from time to time by the Associations and all related costs and expenses incurred by us. You agree that all such fees,charges,discounts,adjustments,and all other amounts are due and payable by you at the time the related services are rendered to you;that all such Reserve Account amounts are due and payable by you upon our request;and that the related Chargebacks,Cardholder refunds,and adjustments, fees,charges,fines,assessments,penalties,and all other liabilities are due and payable by you when we receive notice thereof from the Associations or otherwise pursuant to Section 4. In the event we do not deduct such amounts from the proceeds payable to you,you agree to pay all such amounts to us. Alternatively,at our option,we may debit the Settlement Account for such amounts. . Also,you agree to reimburse Paymentech,Member,the Associations,affiliates,officers,directors,employees,agents and sponsoring banks from any losses,liabilities,and damages of any and every kind (including,without limitation,our costs,expenses,and reasonable attorneys'fees)arising out of any claim,complaint,or Chargeback(i)made or claimed by a Cardholder with respect to any Sales Data submitted by you,(ii)caused by your noncompliance with this Agreement,the Operating Guide,or the Association Rules,including any breach of a representation or warranty made by you,or(iii)resulting from any voluntary or involuntary bankruptcy or insolvency proceeding by or against you. The obligation provided for in this Section does not apply to any claim or complaint to the extent it is caused by Paymentech's own negligence or willful misconduct. 4.5 Negative Amounts.To the extent Sales Data does not represent sufficient credits or the Settlement Account does not have a sufficient balance to pay amounts due or reasonably anticipated to become due under this Agreement,we may pursue one or more of the following options: (i)demand and receive immediate payment for such amounts; (ii)debit your Settlement Account for the amount of the negative balance;(iii)withhold your settlement payments until all amounts are paid; (iv)delay presentation of your refunds until you make a payment to us of a sufficient amount to cover the negative balance; (v)collect any amount due or which may become due to us from any of your bank accounts without notice to you;and(vi)pursue any remedies we may have at law or in equity. Furthermore,if the amount represented by your Sales Data in any day is negative due to refunds/customer credits being submitted by you in excess of your sales,you are required to provide us with sufficient funds prior to the submission of the Sales Data so as to prevent the occurrence of a negative balance. 4.6 Delinquency/Merchant Fraud.At any time and from time to time we may temporarily suspend or delay payments to you and/or designate an amount of funds that we must maintain in order to protect us against the risk of,among other things,existing,potential,or anticipated Chargebacks and to satisfy your other obligations under this Agreement(such funds being hereinafter referred to as the"Reserve Account"),which may be funded in the same manner as provided for negative balances in sub-section 4.5. The Reserve Account will contain sufficient funds to cover any unbilled processing costs plus our estimated exposure based on reasonable criteria for Chargebacks,returns,unshipped merchandise,and/or unfulfilled services and all additional liabilities anticipated under this Agreement. We may(but are not required to)apply funds in the Reserve Account toward,and may set off any funds that would otherwise be payable to the Merchant against,the satisfaction of any amounts which are or become due from Merchant pursuant to this Agreement.The Reserve Account will not bear interest,and you will have no right or interest in the funds in the Reserve Account. Any funds in the Reserve Account may be commingled with other funds,and need not be maintained in a separate account. Effective upon our establishment of a Reserve Account,you irrevocably grant to us a security interest in any and all funds,together with the proceeds thereof,that may at any time be in our possession and would otherwise be payable to you pursuant to the terms of this Agreement.You agree to execute and deliver to us such instruments and documents (including,without limitation,security agreements and releases)that we may reasonably request(i)to perfect and confirm the security interest and right of setoff set forth in this Agreement;and(ii)in connection with any return of Reserve Account funds. 5. Accounting.We will supply a detailed statement reflecting the activity for your Merchant account(s)by on-line access(or otherwise if we agree). We will not be responsible for any error that you do not bring to our attention within 45 days from date of such statement. 6. Retrieval Requests. 6.1 Records. You are required by the Associations to store original documentation of each Card transaction for at least 6 months from the date of the respective Card transaction,and to retain copies of all such Sales data for at least 18 months from the date of the respective Card transaction. You are not allowed to charge a fee for the creation or storage of such copies. We may,at our discretion,require you to deliver copies of Sales Data to us rather than storing it. 6.2 Response to Retrieval Requests.We will send you any Retrieval Request that we cannot satisfy with the information we have on file concerning any Card transaction. In response,you must provide us in writing by certified or overnight mail or by confirmed fax(or by other means as agreed to by Paymentech)the resolution of your investigation of such Retrieval Request and include legible copies of any documentation required by the Retrieval Request within 7 business days after we send it to you(or such shorter time as the Association Rules may require and of which we notify you). You acknowledge that your failure to fulfill a Retrieval Request in accordance with Association Rules may result in an irreversible Chargeback. 7. Chargebacks. Doc 11820 Rev12/06 7.1 Chargeback Reasons.You may receive a Chargeback from a Cardholder or Card issuer for a number of reasons under the Association Rules. The following are some of the most common reasons for Chargebacks: (1)Your failure to issue a refund to a Cardholder upon the return or non-delivery of goods or services. (2)An authorization/approval code was required and not obtained. (3)The Sales Data is prepared incorrectly or fraudulently. (4)We did not receive your response to a Retrieval Request within 7 business days or any shorter time period required by the Association Rules. (5)The Cardholder disputes the Card sale or the signature on the sale documentation,or claims that the sale is subject to a set-off,defense,or counterclaim. (6)The Cardholder refuses to make payment for a Card sale because in the Cardholder's good faith opinion,a claim or complaint has not been resolved,or has been resolved by you in an unsatisfactory manner. (7)The Card was not actually presented at the time of the sale or you failed to obtain an electronic record or physical imprint of the Card,and the Cardholder denies making the purchase. The Merchant acknowledges that,under these circumstances,the fact that an authorization/approval code was obtained does not mean that a particular Card transaction is a valid or undisputed transaction entered into by the actual Cardholder or an authorized user of the Card. 7.2 Excessive Chargebacks.If we determine that you are receiving an excessive amount of Chargebacks,in addition to our other remedies under this Agreement we may take the following actions: (i)review your internal procedures relating to acceptance of Cards and notify you of new procedures you should adopt in order to avoid future Chargebacks; (ii)notify you of a new rate we will charge you to process your Chargebacks;(iii)collect from you (pursuant to sub-section 4.6)an amount reasonably determined by us to be sufficient to cover anticipated Chargebacks and all related fees,expenses,and fines;or(iv)terminate the Agreement with written notice of termination. You also agree to pay any and all Association fees and fines assessed against you or against Paymentech or Member relating to your violation of the Agreement,the Operating Guide,or the Association Rules with respect to your transactions or with respect to excessive Chargebacks under this Section. 7.3 Claims of Cardholder Customers.You have full liability if any Sales Data for which we have given the Settlement Account provisional credit is the subject of a Chargeback. Subsequently,you are allowed to resubmit applicable Sales Data for a second presentation,but only in accordance with Association Rules.To the extent that we have paid or may be called upon to pay a Chargeback or refund or adjustment for or on the account of a Cardholder and you do not reimburse us as provided in this Agreement,then for the purpose of our obtaining reimbursement of such sums paid or anticipated to be paid,we have all of the rights and remedies of such Cardholder under applicable federal,state,or local laws and you authorize us to assert any and all such claims in our own name for and on behalf of any such Cardholder customer individually or all such Cardholder customers as a class. 8. Advertising.Wherever you accept Cards,you will inform the public of the Cards that you honor. However,you may not indicate that any Association endorses your goods or services. 9. Fees. 9.1 Schedule A.You agree to pay us for our services as set forth in Schedule A in accordance with this Agreement.Unless otherwise expressly stated in Schedule A,such pricing is based on all transactions qualifying under the Association Rules for the lowest Association interchange rates. For Sales Data that does not qualify for the best rate,Association interchange fees provide for a"down-grade,"and we will apply a higher rate than the qualifying rate shown on Schedule A. Fees payable under this Agreement that contain a fraction of a cent will be rounded up to the next full cent. 9.2 Price Changes.We may modify the pricing on Schedule A with 30 days'prior written notice. In addition,by giving written notice to you we may change our fees,charges,and discounts resulting from (i)changes in Association fees (such as interchange,assessments,and other charges);(ii) changes in pricing by any third party provider of a product or service used by you;or(iii)fees which are added by an Association or card issuer. Such new prices will be applicable to you as of the effective date established by the Association or third party provider. 10. Termination. 10.1 Term. The initial term of this Agreement shall commence on the earlier of(i)our acceptance hereof(as evidenced by the execution of the Agreement by us)or(ii)5 days after the Agreement is executed by the Merchant and submitted to Paymentech,and shall continue until either(i) terminated by you by giving at least 30 days'prior written notice to us or(ii)terminated by us by giving notice to you(such termination by us to be effective as of a date set forth in such notice or,if no such date is set forth,to be effective as of the date such notice is received by you). 10.2 Termination for Cause. If our services provided under this Agreement fail to conform to generally accepted standards for such services in the Card processing industry then your sole remedy for such failure shall be that upon notice from you specifying the failure of performance,we will rectify such failure of performance. If we do not rectify our failure of performance within 30 days after receipt of written notification from you,then you may terminate this Agreement upon 30 days'written notice to us. If you terminate the Agreement within the first 3 years following the date of your execution of this Agreement,you agree to pay de-conversion fees of two hundred fifty dollars($250.00)for each Merchant location that has submitted Sales Data pursuant to this Agreement. Such amount will be funded,to the extent possible,according to the same methods for collecting amounts due under this Agreement. We may terminate this Agreement at any time for any reason upon written notice to you. 10.3 Account Activity After Termination. Termination does not affect either party's respective rights and obligations under this Agreement as to Sales Data submitted before termination. If you submit Sales Data to us after the date of termination,we may,at our discretion,process such Sales Data in accordance with the terms of this Agreement. Upon notice of any termination of this Agreement,we may estimate the aggregate dollar amount of Chargebacks and other obligations,liabilities,and expenses that we reasonably anticipate subsequent to termination,and you agree to immediately deposit such amount,or we may withhold such amounts from your credits,in order to establish a Reserve Account pursuant to and governed by the terms and conditions of this Agreement. 11. Intentionally Reserved. 12. No Disclosure of Cardholder Information. We will exercise reasonable care to prevent disclosure or use of Card information,other than as permitted under the Association Rules. You will exercise reasonable care to prevent disclosure or use of Card information,other than(i)to your agents and contractors for the purpose of assisting you in completing a Card transaction,(ii)to the applicable Association,or(iii)as specifically required by law. You are prohibited from storing CVV2 or CVC2,magnetic stripe track data,and AVS and PIN data. Each party will store all media containing Card numbers in an area limited to selected personnel on a"need to know"basis only and prior to either party discarding any material containing Cardholder information, the party will destroy it in a manner rendering the Card account numbers unreadable. If at any time either party determines that Card account number information has been compromised,such party will notify the other party immediately and assist in providing notification to the proper parties,as we deem necessary. Merchant information may be shared by us with our affiliates subject to the provisions of this Agreement and Association Rules. You agree to comply with all security standards and guidelines that may be published from time to time by Visa, MasterCard,or any other Association,including,without Doc 11820 Rev12/06 limitation,the Visa U.S.A.Cardholder Information Security Program("CISP'),the MasterCard Site Data Protection("SDP'),and(where applicable)the VISA Payment Application Best Practices("PABP")(described in more detail in the Operating Guide)(collectively,the"Security Guidelines"). All Service Providers you use must be recognized by Visa as LISP compliant service providers and payment applications you use must be recognized by VISA as compliant with PABP. You understand that failure to comply with the LISP,SDP or(where applicable)PABP requirements,or other Security Guidelines,or the compromise of any Card account information,may result in assessments,fines,and/or penalties by the Associations,and you agree to reimburse us immediately for any assessment,fine,or penalty imposed on us or the Member due to any such event or your breach of this Section and any related loss, cost or expense incurred by us. You further agree to(i)exercise reasonable due diligence to ensure that all of your Service Providers,agents,business partners,contractors,and subcontractors maintain compliance with the Security Guidelines established by CISP,SDP,and(where applicable)PABP and(ii) provide us upon our request with evaluation of your compliance with Security Guidelines as required by the Assodations. If any Association requires an audit of you or any of your Service Providers,agents,business partners,contractors,or subcontractors due to a data security compromise event or suspected event,you agree to cooperate with such audit and agree to pay for all costs and expenses related to such audit,including all of our costs relating to such audit,including attorney's fees. 13. Information About Merchant's Business. 13.1 Additional Financial Information.Merchant agrees to furnish to us upon 5 days'notice such financial statements and information concerning Merchant as we may request. 13.2 Other Information. With prior notice and during your normal business hours,our duly authorized representatives may visit your business premises and may examine only that part of your books and records that pertain to your Sales Data and Card sales. You agree to provide us at least 30 days'prior written notice of your intent to change your product line or services,or your trade name,or the manner in which you accept Cards. If we determine such a change is material to our relationship with you,we may refuse to process Sales Data made subsequent to the change. You agree to provide us with prompt written notice if you are the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding. You will also provide us with written notice of any adverse change in financial condition,intent to liquidate,substantially change the basic nature of your business,transfer or sell any substantial part(25%or more in value)of your total assets,or if you or your parent is not a corporation whose shares are listed on a national securities exchange or on the over-the-counter market,change the control or ownership of Merchant or your parent,30 days prior to such liquidation,change, transfer or sale taking place. You will also notify us of any judgment,writ,warrant of attachment,execution or levy against any substantial part(25%or more in value)of your total assets not later than three days after you obtains knowledge of any such judgment,writ,warrant of attachment,execution or levy. 14. Disclaimer; Limitation of Damages. Subject to Section 5,we will,at our own expense,correct any data in and to the extent that such errors have been caused by us or by malfunctions of our intellectual property or machines. Under no circumstances will Paymentech's financial responsibility for our failure of performance under this Agreement exceed the total fees paid to us under this Agreement(net of Association interchange,assessments,and fines)for the 6 months prior to the time the liability arose. EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT,IN NO EVENT WILL ANY PARTY,ITS RESPECTIVE DIRECTORS,OFFICERS,EMPLOYEES,OR AFFILIATES,BE LIABLE FOR SPECIAL,INCIDENTAL,CONSEQUENTIAL,OR PUNITIVE DAMAGES OR ANY LOSS,THEFT,DISAPPEARANCE,OR DAMAGE TO DATA TRANSMITTED ELECTRONICALLY IN CONNECTION WITH THIS AGREEMENT. WHILE ALL PARTIES ACKNOWLEDGE THAT THIS IS AN AGREEMENT FOR SERVICES TO WHICH THE UNIFORM COMMERCIAL CODE DOES NOT APPLY, PAYMENTECH,MEMBER,AND PAYMENTECH'S SPONSORING BANK HEREBY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICES, PRODUCTS,AND EQUIPMENT PROVIDED HEREUNDER,WHETHER EXPRESS,IMPLIED,STATUTORY,OR OTHERWISE,INCLUDING,WITHOUT LIMITATION,ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. THIS AGREEMENT IS A SERVICE AGREEMENT,AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,PAYMENTECH AND MEMBER DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES,EXPRESS OR IMPLIED,MADE TO MERCHANT OR ANY OTHER PERSON,INCLUDING,WITHOUT LIMITATION,ANY WARRANTIES REGARDING QUALITY,SUITABILITY,MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,OR OTHERWISE(REGARDLESS OF ANY COURSE OF DEALING,CUSTOM,OR USAGE OF TRADE)OF ANY SERVICES PROVIDED UNDER THIS AGREEMENT OR ANY GOODS PROVIDED INCIDENTAL TO SUCH SERVICES. 15. Miscellaneous. 15.1.Intentionally Reserved. 15.2 Application and Credit Check. You represent and warrant that statements made on your Application for this Agreement are true as of the date of your execution of this Agreement. Your signature on this Agreement authorizes us to perform any credit check deemed necessary with respect to Merchant. 15.3 Section Headings. The section headings of this Agreement are for convenience only and do not define,limit,or describe the scope or intent of this Agreement. 15.4 Assignment.We cannot assign this Agreement without your prior written consent,except that we may assign this Agreement to an entity qualified under Association Rules to perform our obligations under this Agreement.You cannot assign or transfer your rights or delegate your responsibilities under this Agreement without our prior written consent. 15.5 Parties. This Agreement binds you and us and our respective heirs,representatives,successors(including those by merger and acquisition),and permitted assigns.You represent and warrant that your execution of and performance under this Agreement(i)in no way breaches,contravenes,violates, or in any manner conflicts with any of your other legal obligations,including,without limitation,your organizational document or any agreement between you and any third party or affiliated entity;(ii)has been duly authorized by all necessary action and does not require any consent or other action by or in respect of any third party; and(iii)that the person signing this Agreement on your behalf is duly authorized to do so. In providing services to you,we will not be acting in the capacity of your agent,partner,or joint venturer,and we are acting as an independent contractor. Each party agrees that any other party may publicly disclose,through press releases or otherwise,the existence of the business relationship that is the subject of this Agreement. Any such disclosure may identify the parties by name but shall not,without the prior written consent of the non-disclosing party,include any of the terms of this Agreement. 15.6 Severability. Should any provision of this Agreement be determined to be invalid or unenforceable under any law,rule,or regulation,including any Association Rule,such determination will not affect the validity or enforceability of any other provision of this Agreement. 15.7 Waivers. No term or condition of this Agreement may be waived except pursuant to a written waiver executed by the party against whom such waiver is sought to be enforced. 15.8 Entire Agreement.The Association Rules,Operating Guide,Application,and all schedules,and attachments to this Agreement are made a part of this Agreement for all purposes. This Agreement represents the entire understanding between Merchant and Paymentech with respect to the matters contained herein. This Agreement shall prevail over the terms of any agreement governing the Settlement Account. Doc 11820 Rev12/06 15.9 Notices. Except as otherwise provided in this Agreement,all notices must be given in writing and either hand delivered,faxed,or mailed first class, postage prepaid(and will be deemed to be given when so delivered or mailed),to the addresses set forth below or to such other address as either party may from time to time specify to the other party in writing. 15.10 Governing Law;Waiver of Jury Trial. This Agreement will be governed by and construed in accordance with the laws of the State of Texas without reference to conflict of law provisions. Any action,proceeding,litigation,or mediation relating to or arising from this Agreement must be brought by Paymentech against Merchant in the county and state of Merchant's principal office as indicated below,and by Merchant against Paymentech exclusively in Dallas County,Dallas,Texas. THE PARTIES HEREBY KNOWINGLY,VOLUNTARILY,AND INTENTIONALLY WAIVE ANY RIGHTS EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON,ARISING OUT OF,OR IN CONNECTION WITH THIS AGREEMENT.15.11 Force Majeure.Neither party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications or utility or power failures,equipment failures,labor strife,riots,war,nonperformance of our vendors or suppliers,acts of God,or other causes over which the respective party has no reasonable control,except that nothing in this Section 15.11 will affect or excuse your liabilities and obligations for Chargebacks,refunds,or unfulfilled products and services. 16. Survival. The provisions of Sections 4.2,4.4,4.5,4.6,7, 10.3, 11,14, 15.10,and 17 shall survive the termination of this Agreement. 17. Definitions. 17.1"Application"is your statement of your financial condition and the characteristics of account that you have submitted to us on the cover pages of this Agreement and related information,to induce us to enter into this Agreement with you and that has induced us to process your Card transactions under the terms and conditions of this Agreement. 17.2"Association"is Visa,U.S.A.,Inc.,MasterCard International,Inc.,any debit networks or any other payment method provider. 17.3 "Association Rules"are the bylaws,rules,and regulations,as they exist from time to time,of the Associations. 17.4"Card"is both(i)the plastic card or other evidence of the account and(ii)the account number,issued to a Cardholder,which you accept from your customers as payment for their purchases from you,which comprise the transactions with respect to which Paymentech agrees to process.17.5 "Cardholder"is the person to whom the Card is issued and who is entitled to use the Card. 17.6"Chargeback"is a reversal of a Card sale you previously presented pursuant to Association Rules. 17.7 "Effective Date"means the date on which this Agreement takes effect pursuant to Section 10.1. 17.8 Merchant,"you",and"your"is the Merchant identified in the Application on the cover page of the Agreement. 17.9 Paymentech,"we","our",and"us"is Paymentech,L.P.,a Delaware limited partnership,having its principal office at 1601 Elm Street,Dallas,Texas 75201,by and on behalf of JPMORGAN CHASE BANK, N.A. 17.10"Retrieval Request"is a request for information by a Cardholder or Card issuer relating to a claim or complaint concerning a Card sale you have made. 17.11"Sales Data"is the evidence and electronic record of a sale or lease transaction representing payment by use of a Card or of a refund/credit to a Cardholder. 17.12 "Service Provider"is any party that processes,stores,or transmits Cardholder information on your behalf. 17.13"T&E Card"is a travel and entertainment Card,charge Card,or credit Card issued by American Express or Novus/Discover or such other Card (other than a MasterCard or Visa Card)with respect to which we may agree to process transactions now or in the future. Doc 11820 Rev12/06 Paymentech,L.P. Schedule A to Merchant Agreement City of Wylie Assumptions and Fees Assumptions MCMsa Sales volume $1,500000 Average Transaction amount $100.00 Chargeback% 0.025% Auth/Capture% 105.00% Number of locations 5 Amex&Discover transactions 0 Diners&JCB transactions 0 Fees 1.Initiation&service fees Annual fee N/A Application fee N/A Rush fee N/A PIN Debit Setup fee N/A Pin Pad Encryption fee N/A Monthly H elpde sk fee N/A Monthly Service fee $5.00 Supply fee Per Order El Per Month N/A Terminal Reprogram fee N/A Frame Relay/Leaseline: Monthly fee N/A Dial Backup authorization surcharge N/A Internet Product: Setup fee N/A Monthly fee N/A Dial Backup authorization surcharge N/A Wireless Product: Activation fee N/A Monthly fee N/A 2,Transaction fees Settled MasterCard per item fee N/A Settled Visa per item fee N/A American Express per item fee N/A Discover per item fee N/A Diners per item fee N/A JCB per item fee N/A PIN Debit per item fee Pass-thruDebit Network Charges 50.2000 EBT per item fee N/A Check Verification-SCAN per item fee N/A Wireless Terminal per item fee N/A 3.Authorization fees Voice Authorizations $0.65 Address Verification Service N/A Terminal Authorizations: MasterCard Electronic Authorization N/A Visa Electronic Authorization N/A American Express Electronic Authorization 50.1000 Discover Electronic Authorization S0.1000 Diners Electronic Authorization N/A JCB Electronic Authorization N/A Private Label Electronic Authorization N/A 'nit a Date: /thrt)G 2 V/T d �D (Mon Wear) CONTROL# 163097.20220060725123719 Printed:25-Ju406 Page 1 of 3 Paymentech,L.P. Schedule A to Merchant Agreement City of Wylie Assumptions and Fees 4.Reporting Options Monthly Statement fee N/A Statement Type&Frequency Mail-(P) Statement only Monthly My Merchant View Monthly fee N/A ReSaurce Online Monthly fee N/A Confirmation Letter(per month) N/A Daily Funding Client Notification N/A Raw data/FA2S N/A 5.Discount Information MasterCardMsa Qualified Debt Discount rate* N/A MasterCardMsa Qualified Credit Discount rate* N/A MCMsa Target Qualification Level: MC: 020 Visa: 038 Public Sector PS-Retail 2(Emerging Market jX Pass-thru of MCMsa Interchange and Assessments see I/C Rate Schedule MasterCard Visa MasterCard/Visa Assessment Rates 0.0950% I 0.0925% I MasterCard/Visa Authorization Access Fees N/A N/A Visa Risk Identification Fee N/A N/A EX Pass-thru+%:Incremental MCMsa Discount rate 0.2800% VS Currency Mon-US Curren v Pass-thru of MC Crass-Barder Assessment Fee I 0.1000% ( I 0.2000% I _Qualified ib-Qualified Non-Qualified Three-Tier-Debit:Qualified/Mid-Qualified/Non-Qualified N/A N/A N/A Three-Tier-Credit Qualified/Mid-Qualified/Non-Qualified N/A N/A N/A Three-Tier-RewardNVorldCard:Qualified/Mid-Qualified/Non-Qualified N/A N/A N/A Qualified Non-Qualified `Two-Tier-Debit:Qualified/Non-Qualified N/A N/A _Two-Tier-Credit:Qualified/Non-Qualified N/A N/A Bundled Debit Discount rate N/A Bundled Credit Discount rate N/A X Diner's Discount rate(FT!Settled) 3.2000% X JCB Discount rate(FT!Settled) 3.2000% X Pass-thru of PIN Debit Network Fees Yes Discount frequency: Monthly In order to receive the Qualified Discount Rate,transactions must meet certain qualification criteria established by MaderCard and Visa for your Target Qualification Level. Far each transaction not qualifying at the Target Qualfication level,we will charge you both the Qualified Discount Rate and an additional fee calculated as described an thefdlawirg page under the heading"Additional Irformation About Your Fees". 6.Processing fees N/A Minimum Monthly Discount fee Chargeback Processing fee $10.00 Batch Settlement fee N/A VRU Fax Statement fee N/A ACH fee N/A 525.00 ACH Return fee 7.Other fees Initials: __ Date:_ / 0 Nea vD O (Month/0 r) CONTROL#163097.20220060725123719 Printed:25-Jul06 Page 2 of 3 Paymentech,L.P. Schedule A to Merchant Agreement City of Wylie Equipment Fees Equipment Type Qty Rate Total Purchase Type (None N/A 0 $0.00 50.00 N/A [None N/A 0 $0.00 $0.00 N/A [None N/A 0 $0.00 $0.00 N/A [None N/A 0 $0.00 $0.00 N/A [None N/A 0 50.00 50.00 N/A [None N/A 0 $0.00 50.00 N/A (None N/A 0 $0.00 $0.00 N/A [None N/A 0 $0.00 50.00 N/A [None N/A 0 $0.00 $0.00 N/A [None N/A 0 $0.03 50.00 N/A Replacement(swap) In warranty N/A $50.00 N/A N/A Replacement(swap) Out of warranty-Verifone terminals&printers N/A 5160.00 N/A N/A Out of warranty-Edipse,Hypercam,Nurit,&Talents terminals& N/A $200.00N/A N/A Replacement(swap) printers Replacement(swap) Out of warranty-Omni terminals&printers N/A $250.00 WAWA Replacement(swap) Out of warranty-Nurit 3010&6000 terminals N/A $500.00 N/A N/A Replacement(swap) Out of warranty-all Pin Pads N/A $100.00 N/A N/A Late Fee For al equipment returned late,or not returned N/A $500.00 N/A N/A Warranty tinleframes:5 years*-Omni 3200,3300,3750,Verifone PP1000 SE,HypercomT7Plus,S9 Pinged 1 year-all other equiprrert 'applies only to equipment purchased or leased from Paymentech Additional Information About Your Fees Interchange A significant amourt d the fees that we charge you for processing your credt card and signature debit card transactions represents charges that we crust pay to the card Issuing banks(or that are otherwise charged to us by MasterCard and Visa)under MasterCard and Visa(the"Associations')rules.These charges are often referred to as-Interchange fees",or simply"Interchange', Interchange fees are set by the Associations based upon a series d Interchange levels that they establis"r and modify from time tatkre. Thus,the Interchange fee charged for a given transaction depends an the Interchange level appacade to that transaction;and that Interchange level depends an a number of factors establshed by the Associations,such as the type of card presented,specific irtarmation contained In the transaction,how and when the transaction is processed,your industry,and other factors.F or a transaction to qualify at ary specific Interchange level,the applicable qualification criteria crust be net Note that MasterCard&Visa regularly add new Interchange levels,and change the Interchange rates and qualification criteria for existing Interchange levels. City;afWylie �� / ,,JJ Title: kiGf'2 aite——, �'f e C.-- ^✓ Date:/�/ Z/ U6 (MantNDayNea • 'zed Si to CONTROL# 16309720220060725123719 Printed:25-JulOS Page 3 of 3 0EQUIPMENT PURCHASE AGREEMENT CHASE Paymentech This Equipment Purchase Agreement(the"Agreement")is made by and between Paymentech ("Company")and ("Merchant"),who agree as follows: WITNESSETH: WHEREAS,Merchant desires to purchase the Equipment listed below(the"Equipment")from Company;NOW, THEREFORE, Company and Merchant hereby agree as follows: Number Total 1. EQUIPMENT AND of Units Payment FEES Equipment(includes standard shipment) u Terminal Model Df1 37$ �"a I b �44. ,o L/ Unit Cost (,tJ! ,`.' tet At) rA0 Printer Model 9 #)I 37S'D bad Gm, 2 O LSr Unit Cost 5��+67s. Pin Pad Model V'er,tea E /oAO SG Unit Cost ! /7S:"° TOTAL DUE 10 26.C. 2. PURCHASE AND FEE PAYMENTS.Payment for Equipment together with applicable sales tax,shall be due and payable on the date of execution of this Agreement and Company may debit the following Merchant's bank account via Automated Clearing House(ACH)for such payment. Merchants hall also be responsible for all use,excise and other taxes which may result from this transaction. Bank Name: "'c€-i c J /tea--r ' !, e"31- . c� DDA#: 1 Oo s O 0O O S Transit Routing#: r/ / 9d / S" 3. TRANSFER OF TITLE.Upon payment by Merchant to Company of the amount required pursuant to Section 2 above,Company shall sell,transfer and assign the Equipment to Merchant for its use and benefit. All risks of loss and damage to the Equipment shall be borne by Merchant upon such transfer of title. 4. WARRANTIES.COMPANY,NOT BEING THE MANUFACTURER OF THE EQUIPMENT NOR THE MANUFACTURER'S AGENT, MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE EQUIPMENT INCLUDING BUT NOT LIMITED TO: THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE;THE DESIGN OR CONDITION OF THE EQUIPMENT;THE QUALITY OR CAPACITY OF THE EQUIPMENT;THE WORKMANSHIP OF THE EQUIPMENT;COMPLIANCE OF THE EQUIPMENT WITH THE REQUIREMENTS OF ANY LAW,RULE SPECIFICATION OR CONTRACT PERTAINING THERETO;THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT,TRADEMARK OR COPYRIGHT; THE ABSENCE OF LATENT OR OTHER DEFECTS,WHETHER OR NOT DISCOVERABLE;THE ABSENCE OF ANY OBLIGATION BASED ON STRICT LIABILITY IN TORT. Upon sale of the Equipment to Merchant,Company hereby assigns,to the extent possible,all warranties and rights of Company with respect to the Equipment provided by the manufacturer of the Equipment. COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE MANUFACTURER'S WARRANTY. 5. INSTALLATION.Merchant shall be responsible for installation of the Equipment. J C�i O `lam IN WITNESS WHEREOF Merchant has executed this Agreement on the .2- da O y of � ,20 MERC SIGNATURE Accepted and agreed to on the day of ,20 . NAME/.I PAYMENTECH L.L , -tytSO N (tV A i C E A l e�)i SIGNATURE: ADDRESS: )_o 6 O i+c.�--t 7 13 (AUTHORIZED AGENT) ADDRESS: P.O.BOX 650370 I 1 DALLAS,TX 76265-0370 ry c 0 C 1601 ELM ST; DALLAS,TX 75201 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 23, 2007 Item Number: F Department: Planning (City Secretary's Use Only) Prepared By: Charles Lee Account Code: Date Prepared: 01/05/07 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Replat subdividing one lot into two commercial lots for Children's Lighthouse Addition, generally located east of McCreary Road and north of FM 544. Recommendation Motion to approve a Replat for Children's Lighthouse Addition creating 2 commercial lots, generally located east of McCreary Road and north of FM 544. Discussion The property totals 3.645 acres and will create 2 commercial lots and is zoned Commercial Corridor(CC)District. The Replat subdivides an existing vacant lot into two lots and dedicates the necessary fire lane, access and drainage easements to accommodate the development of Lot 1. A Final Site Plan for Lot 1 was approved by the Commission on January 2, 2007. The Replat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted 7-0 to recommend approval. Approved By Initial Date Department Director RO 01/05/07 City Manager f" Pip 7 Page 1 of 1 LEG.DESCRIPTION 514111 OF 1 wove w1EAFAS,i.e.Poem.war Ea1W Mvwy LP,b Un ear a a ead a and.N.l« OA0.r. „� m UIo Moms Sonde S.M.Na,wl No!. 49,�Gy a qlk, Camq,Toe.. atl a tot L Bach I.a Mom Nrtian,m aasmar m a.at,a Nye,0010.tq m a.pat 3I 1MM 1 d.d b Cobgra M.Pee 057.Ya0 NmOs Ca1M Cgnb.Tar,and C.MY man ParO'andarb drerlae a fopon: OAR.T.(100'R.O.W.) rr.sw � B•9M•+aa a a 1/2•Men PM fa.a m the nma r1EM-al-.ay«.a G.Y,no.544(120• Eo.w.l rut Mee«aa.rl wont.a said.Id 2 era ae*head comer r 1a1 M dadr i, a Yeawryill SH Names,Mpal m adaugrr m m.sty a wygs,ada.rdRra m B,e plot Mmw.of recawd m coana a.Paq.a.Ma w«aa.Cods Ctaq.rem.; 1 P'f o. TMw.....Cabinet. orth orate x•Eoa Diana Pe sal Po a wN lei z and the wa NM a«a Lot 211,.Wtoo' a e0.92 bet to.1/2.Pan to found an tl.wan r19ht•oot 0 line a i a,y �$��•77'E�'b, �zn.(Roo•R.O.W.)I>to.nw,u..a1 comer a said to 2 and a.rennw.l.ems a odd 10'SUMO�NO - _. lerrc.,5auth 540P'S1•East,alarr9 the fives M a mid la<2 and tlr.eauN Oi�ITY-_ ty •1-.T. rTp, 1 far -..y u' ace a MART.(Io0 N.o.w.).a alaaw.a Sx.w Tea b c 1/2'Mom pm fepmd rut uw FNFLfM yy i� nor...cow a«N Lot z ma the.Y nww donor a Lot I.ame I.a mid Mom Tera.,So.0000.20•Get,den,the..a Nis of end lot 2 and the veal N.of sold Lot I.a dNba.of 421.05 fed to a I/O'Man pm wl an the north fight-of-my Ind of G.Y. I I I I No.544(120'R.O.W.)for a.smn. .ow.a mid tot 2 and th.mod*corner a .old tot 1; GRAPHIC SCALE11 Thence,So.09'50'34•west.slow the moth pow a sale Lot 2 and a.n.h right-of-my 0I I I NM a F.Y.No.54.(120'0.0.N.),a.sera.a 55625« to th.Poe a Bodo.,and vise p mrbMdrq 1645 vw a wa(1x,ns.arse Pest). yR�) I il I i t NON MEAEFOfE,KNOW A.BY TIESE PRESETS: 1 a I li 11ot.14.1N.o..w Real Erole papery hec.N«Cl 1Ne Ymeq«n.n,w,gn am.a Mr. re.lal,t4,. y nd Prat.0C dug wake agwCI P.bang adopt this npbl b_0 I. 11 .dr.property.an as 0.,to 0'S LION of Wyk. ,00*0R,eMM a.math a let L. 1 I.a 0.4 NU an to tut m pnd City a RYE..C111 rodsCand a 02 .and.der M.on p anol da I be simple ma to the pubic u enter,Bra sbwb and era Moan 0,. WWC and des loner All a to the pNk veer Torpor040the wwnaes pen t to...,b the Ras prr Picot.pr N M.mmb ded d.W thistle I1 else a open b.p Y 00104 �I dl pudic end prM.b MM. 00 w drMMa to ur th.weer b the p11*0 a.Ecabd. No fig.fence,holes.MM,m M.strurun,Impc«nroy .g,o.th Mall e }r. comb041 ro m.4ucer m pap.upon,aver m aver ay .omrrrad de.wtw by t. W 'Ir 1 00 Ny pdMc m ta0r1.a0b Mall Mop(1)tho to Tana«a.Map nepow M aaccRFiRr-End Sao roman wEPtAT • I LT/6 AC t I aO Pon a any bulk .fen,Ines,rms.m of....br..ore m wo•a LOT Zn,BLOCK 1 M.m ey.ay may endanger Or btere..Mr the condeuctlan,rmrNwakn,moMmorm e, GAB.a PO.55 Zen I 09222 S0.FT.) I ^I tsl°4T9 is i I Iaeration a ed..a ouch eddy. mr(2)Or.fight a m�ad b m rumII: I mo300 Sit FT.) Yo94 gaolnaN mold.wan 9w eurm.a..nr.nts M a.rarva..a mNY,cung. oua q�p.grsP.cdry,LOT 1,BLOCK l pat.gr4^,•MNI^MM and ode fig b,pMrprp.m mlpilpq a m ports of b earotien aawl But.nw.wty a.Try area a Pncutpn a.pomderan a mymw. Te mMMane a t I I1 I Fie N,PC.5u Paves 1 awq and . Ice.ewm.rybys M...pans...0040a the pavan.aver.N voter i•°I� I� Ter r.0.,,oal000*p..,........1..... 000Yn:ne !I II? 15'OPNN40E EAWIEM including vend adNUamr ace wc.wery for i*04.1m and mdM.n.,Ns a mantra a.vwub,Sn hydrants..aer am.and wstem.ye*from the man b th.cute m Cow To. I p.m.Errs. O..01 Lon. wadlus Orb Cla4O CO 1F110IN I I1 yl IIo g!Z I 0..pia a.P«o mm)m1 b to of .w maYmate.nave.reg....and rwwte,a I le clga pow.Twat. CI 51A3 20.00 000515• N451745•YI 26R I I -_ � 11�. . I I 5TMESS.rub hand.BY.as dry a 2000 C2 01.55 2000 BCU4'42• Nw•401TE 20.25 LIIf/ Km - �Y'III CS 31.45 20.00 a00510' 84311045E 20.31 sw•N•a!4 I` 1 m.:CI SI.N 20.00 09Sa'42• Sw'N1Yw 20.05 /this vow _�II IIMem BroOws Rwl Gala.M.ram.nl LP CS 4635 44.00 OT,TS2' N2T4C00•N 45.90 ( 0309T PC C! 430.2 20.00 1N0T5V n25YT25•N 360 \ 0733SR FT.) /) I COUNTY Of•5r OCiLCAS N 15'NIY/N w41E0.1NE FAY CT 0.n 20.00 1090'S0• R214'S)•E 9.7I g4•pgaNE MRa'f!v -- I VOLUME 515,PACE SS Bean e.,Ind ud.rMgndd waarib�m Ms day personally ,aq N.We«t and 00'AIMLESS EASEMENT III !ACLE34 ELYIIENf odm.lbpgvod ts me that,to be Pe eawubd the«rut the purparo pots mnsk.diona IMan CB 22.05 20.00 5]15'25' NJJR07TE 20.95 CN.O,P4 50 e L2 141q- VOL111E e5.PAfE 014 FAYMEt1/ mare CO N.Os 41.OD 0054'42' Sw'40',70 OLIO a 5 IIILLIIL�� ' y Go.,roger my land and wa a off this_day a 2094 ht 14r. r_ _ 1T4.W _ _/ giz 19.E5• - 1/2•I.9.ET10. S I•rb'K'W 388.20' - - 1/2'IF.SET Notary PAP for and In a.Rea a Ts... POINT OF F.M. 544 (120' R.O.W.) BEGINNING SURVEYOR CERTIFICATE KNOW M.MEN BY Naz PROEMS: That I.her Bun Carroll.do 0*1 wal4y Po I non permed this plat from m aces and occur.sun,a TM ante,and as en comer monuments ehom interne men pnyaly pined under my per*.' on m a0ONonce.lth P0.11Nq vole a.Nopwumn el th.City a Wylie Taw. Te on.. d,the City Some.to the City to gyve.Tam. 14cannendr for Appome M aw9B Nw a rmeming Mal fat.a Ow 0411.0111911 Pomo .M tra a aaa oe.ea.. .to as City Cauaall an a._day of 20_,and Oeb hem Sanon Carroll the CON.,by fanny act..Pon and Pent accepted to. CiMMmm,PormIng1.e.a Pilingdsrm Cerm Pr...Lad Spam No.5129 Pd..a duos,a.,pp moor.*pa...oh, Oh a W.Tones ..or and moor m Moon and.fa.P wed upon said ,coat and vend Cana titer std..to.Year to cob th. -approved for Can.euMon• STATE OF MPS: wepvwe serve by armsMa name w nww Move REPEAT COUNTY CC a�• R ma M,nand Ph day a 3000 ay a"" ow CHILDREN'S LIGHTHOUSE ADDITION BEFORE ME a.ma.r ee Ele•Clary p no a o r sob a Pe Pew•m M:.say BEING A REPEAT OF LOT 2, BLOCK i nomee ie ad...by Pelong.,ns foment abed�.dugaapgeo to m�naa1 M ewe..Mn.ace for Pe pavan.as omad.a5.w thendn wmwwa OF MOSS ADDITION ON S Noy.Oh a wylk oats TIE PURPOSE OF MIS REPEAT S TO EN tends my end and mr a ..ak day a .. City a 010.,aye,ream CREATE Iwo LOTS OUT a ONE LOT. CITY OF WYLIE COLLIN COUNTY, TEXAS Nebry....in fen the Rae of Team ...Nut MOSS BOOMERS RE.ESTATE YMUCa.ENT lP 0,TX Fr 544)5005 CARROLL CONSULTING GROUP, INC. 1008 STONEWALL STREET SUITE No. 'F' SELLING A POUT.OF PORDrnYOFolNv4 wn STATE UN ANO a GARLAND,TEXAS 75043 PHONE (972)840-1508 SUBJECT TO FOES.1 11111141101.004 CP 000016 MO BUILDING JOB No. SCAM DAIE PERMITS NEWER DECEMBER 21.2008 1979-00 1'.40' N04Q6ER IL LOOS I maw Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 23, 2007 Item Number: G Department: Planning (City Secretary's Use Only) Prepared By: Charles Lee Account Code: Date Prepared: 01/05/07 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, approval of a Final Plat for Woodbridge Parkway R.O.W. Dedication located within the Woodbridge North Subdivision and extending south from Country Club Road(FM 1378)to Hooper Road. Recommendation Motion to approve a Final Plat for Woodbridge Parkway R.O.W. Dedication, located within the Woodbridge North Subdivision. Discussion The plat dedicates 4.4167 acres, approximately 3,400 linear feet of roadway for the construction of Woodbridge Parkway. The parkway will extend Country Club Road from FM 544 south to existing Hooper Road. The dedication will also allow access to the proposed Multi-Family Development to the east. The Final Plat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted 7-0 to recommend approval. Approved By Initial Date Department Director R�nnO 1/5/07 City Manager Mm ?jib /07 Page 1 of 1 LEGEND 3 a� �„ cl BSC=IRON R00IRA-IRON ROO EOUND SET W/NH,CAP I P�yY- TSY 3 NCl�,.arT ''' VP1 / MIT.-EASEMENT OR.CC.T.•DEED RECORDS a COLUN COUNTY.TEXAS 61. - xMMTNY rlec) �' 0*®5\ 1 q.C.C.T.-LOUD RECORDS OP COWN COUNTY SENAS I Tp .° u•e.132.5.7• 1p�`µ 9� R� r/�•^K 9"_0 A , car tr' L=71.59 N" ornmssv NN .1 .-= CYI=N5251'1J•E •- 10. $`, p - R=ses.ao C!=74.37 p9� - -_-__ cAcc,°��ISVf'JJ• 44• L=2%.az ,y �s 4=, DETAIL'A' per¢ �. AA�H tn296.87 la-w -.a�..:.r: •? 8924 J5•E �ar� R=6B5.50 }rsza'L.57' `LI NOT-TnRrAr P a 5z CL-295.65 T :• 15.76 A=47YI9• .T,,}F9 05. L=J66.7] l vrr V -.A` nc R=844.50 0 �e TRACT 1 a-iaz avt -/l Ri ;•/ L=63.II �°�°�1(� 2.061{ACRES '.a 6 g m 8 m.- CN=N5J129•I0-E (90.711 SQUARE FEET) ` = ppn-aF-wA0 nY�",- va_y � ' c`. 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NYiMNi-2 H 31 tl Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 23, 2007 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Charles Lee Account Code: Date Prepared: 01/05/07 Budgeted Amount: One Exhibit and Withdrawal Exhibits: Letter Subject Hold a Public Hearing and consider, and act upon, amending the zoning from Agriculture (A) to Neighborhood Services (NS) District to allow for commercial development, generally located at the southwest corner of Brown Street and Country Club Place. ZC 2006-16 Recommendation A motion to accept the withdrawal of Zoning Case No. 2006-16 at the request of the applicant (Jerry Sylo, Jones &Boyd, Inc.) Discussion Owner: D.R. Horton Applicant: Jerry Sylo,Jones &Boyd, Inc. The applicant has decided not to move forward with the request, and request that the zoning case be withdrawn from consideration. However, because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, and then accept the applicant's request for withdrawal. Approved By Initial Date Department Director RO 1/5/07 City Manager /1 1 i'/q (oi Page 1 of 1 1 I i _. .. -.-. VICINITY YAP SCALEI-2.000' n r w n -o..y. .<Zm "o.n. .m za .>. .o.oss . ., .. aao, o.. "o- .o.. 0 1 m. "o 8A C I w : 'S" �9 k i , ti :A. 5 owns A w nA/ l Aarosm t a g a E .51 kg / w 1 l - ,00 o ,o0 200 0 00-0 ZONING EXHIBIT , BROWN STREET TRACT x 1 .. _._ A 1CC LA ACRE MAGI.•4 1 w ... _. -. _.. --_. ME 0 mAl10RLo OF u.5. lMHY.A99T1ACf Ms SW 3 -_ an OF MIL C0119f COIMIY.1DIAs 7F D.R.HOR1RDH-1EXAS Lm awl a R4306 oolalI T MOOSJItio A (2,1)607-4244 1 F. JOKES It B010.INC. INYF10Rm2WLLR/PLAN ER 11090 Owls•olon*SWIs 200 (972)246-1919 Oa9sa,lama 152411 OC10101 20.2C 6 Snsl 1 of 1 8 Sent: Wednesday,January 03,2007 10:09 AM OINCIP Subject: RE: Zoning Case 2006-16 Charles.thanks for the opportunity. but my client has indicated to ask to withdraw our request and this time stop any additional actions on their behalf. Jerry Sylo,AICP Associate;Land Planning Jones&Boyd,Inc. 972.738.0248 972.248.1414(fax) Sent: Wednesday,January 03, 2007 10:05 AM Wasimisolegir Subject: RE: Zoning Case 2006-16 Jerry, A tentative date for the work-session is set for Tuesday, January 16,2007 following the 7:00 PM P&Z meeting. We expect the regular meeting to be short that night. Mr. Kreymer has verbally agreed to attend. Jerry, my take on last night's meeting, is that members of the Commission will be open to some of those ideas and points you made at last night's meeting. I can understand you being hesitant to marry your request to a general site plan and/or adjacent property. Due to property constraints and substantial concerns from adjacent property owners; please reconsider attending the session and provide a preliminary-alternative layout and uses that may be acceptable to the Commission. I'm open to input you may have and I'm willing to discuss if you plan to attend or not. Charles CharlesH Lee,a1CP Senior Planner, City of ylie, Texas 972-442-8159 voice 97 2-44 2-8115.fax Sent: Wednesday,January 03, 2007 8:56 AM Subject: RE: Zoning Case 2006-16 Charles. I have informed m} client of the results of last night's meeting. I have also suggested we withdraw our rezoning request. He concurs and I will be getting you a letter in the next day or so to that ends. At this point.we will not be asking to meet with the Commission to discuss uses. My read from last night is that the Commission did not see any compelling reason to be proactive with respect to zoning. As such. if we move forward with eliminating uses.they will be reactive and the list of allowable uses will be so small.it will be tough to market the property. I think if someone comes in with a plan and with a specific use in mind.the Commission will be more comfortable reacting to it versus taking the lead. Jeny Sylo,AICP Associate;Land Planning Jones&Boyd,Inc. 972.738.0248 972.248.1414(fax) dInurisiNGICIERF Sent: Wednesday,January 03, 2007 8:17 AM OftSi1M11'i1 MIO Subject:Zoning Case 2006-16 Jerry, excellent points were made during your presentation last night. Nevertheless,the Commission denied your client's request to rezone the property from Ag to NS. However,the Commission did accept Mr. Kreymer's request to withdraw his case(request) pending a P&Z work-session for the purpose of further discussion on these items. Staff will schedule a work- session soon. As early as possible, and at your convenience, can you let the staff know what your client's intentions are with respect to City Council review of your case. Note, because P&Z denied Zoning Case 2006-16, a 3/4 affirmative majority vote from Council is required to approve the request. Your input in an upcoming work-session would be helpful in the disposition of this case. Charles Charles H.Lee,AJCP Senior Planner, City of Wylie, Texas 972-442-8159 voice 972-442-8115 fax Wylie City Council CITY OF WYLIE AGENDA REPORT • Meeting Date: January 23, 2007 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Charles Lee Account Code: Date Prepared: 01/05/07 Budgeted Amount: One Exhibit&Withdrawal Exhibits: Letter Subject Hold a Public Hearing and consider, and act upon, amending the zoning from Agriculture (A) to Neighborhood Services (NS) District to allow for commercial development, generally located south of Brown Street and east of Kreymer Road. ZC 2006-17 Recommendation Motion to accept the withdrawal of Zoning Case No. 2006-17 at the request of the applicant, Tim Kreymer. Discussion Owner: Tim Kreymer Applicant: Tim Kreymer The applicant has decided not to move forward with the request, and request that the zoning case be withdrawn from consideration. However, because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, and then accept the applicant's request for withdrawal. Approved By Initial Date Department Director RO 1/5/07 City Manager /I /1 16 07 Page 1 of 1 2G�j o b b -�jr � 7 ... --"i �I 1 „� a I I VICINITY YAP SCALD I'.2,000' LIE 10001 DST. \ \ I �.wmI.� LOT n LO.n La TA ,w LOT]9 n. .Ka LOT , LOT. LOT 1.1s5 6 LOT I' \ __ � LOT a l LOT i N cs_--'-d .o.l sue*. 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PO O N. ]PD I IO I ZONING EXHIBIT BROWN STET'FACT ie A IOA 1030 ACRE AVCT CUT CIM FRAR09CO OE IA PHA LIIKY.MYi1RAtT N.SOO y CRY Cr ME.COL IN COUNTY.1003 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 23, 2007 Item Number: 3 Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: N/A Date Prepared: January 14, 2007 Budgeted Amount: N/A Exhibits: 3 Subject Consider, and act upon, Resolution No. 2007-06(R) endorsing the "Joint Recommendation for Regional Rail in North Central Texas" as approved by the Boards of Dallas Area Rapid Transit (DART), Denton County Transportation Authority (DCTA) and the Fort Worth Transportation Authority (THE T) that supports the concept of local option funding of public transit in the region. Recommendation Discussion The Chair of the Regional Transportation Council (RTC) contacted Mayor Mondy requesting that the City of Wylie consider the attached Resolution supporting the "Joint Recommendation for Regional Rail in North Central Texas". The recommendation was approved by the governing Boards of DART, DCTA, and The T (see attached) in order to support a regional rail effort and to encourage the State Legislature to pass legislation which would allow the local option of funding public transit by exempting an amount equal to the locally authorized transit sales tax from the 2% cap in the 9 county area covered by the North Central Texas Council of Governments (NCTCOG). A list of the agencies that have approved the Resolution is attached, along with the results of a public opinion survey conducted by the Survey Research Center at the University of North Texas. Approved By Initial Date Department Director City Manager MM 01-15-07 Page 1 of 1 RESOLUTION NO. 2007-06(R) A RESOLUTION OF THE CITY COUNCIL OF WYLIE, TEXAS ENDORSING THE "JOINT RECOMMENDATION FOR REGIONAL RAIL IN NORTH CENTRAL TEXAS" AS APPROVED BY THE BOARDS OF DALLAS AREA RAPID TRANSIT (DART), DENTON COUNTY TRANSPORTATION AUTHORITY (DCTA) AND THE FORT WORTH TRANSPOTATION AUTHORITY (THE T) THAT SUPPORTS THE CONCEPT OF LOCAL OPTION FUNDING OF PUBLIC TRANSIT IN THE REGION BY EXEMPTING AN AMOUNT EQUAL TO THE LOCALLY AUTHORIZED TRANSIT SALES TAX FROM THE 2% LOCAL SALES TAX CAP. WHEREAS, the City of Wylie is firmly committed to supporting regional efforts toward addressing the mobility and air quality needs of its citizens and for future generations; and WHEREAS, the City of Wylie believes that the best approach to achieving the goal of providing additional funding capacity to expand rapid transit in the region is by exempting an amount equal to the locally authorized metropolitan sales tax from the 2% sales tax cap in cities like the City of Wylie that do not currently have room under the local sales tax cap because of 4A/4B obligations; and WHEREAS, among the existing transit authorities in the region—DART, DCTA, and The T— there exists expertise and evidence of cooperation on current and future rail projects that demonstrates their ability to successfully expand rail transit in the region; and, WHEREAS, the citizens of the City of Wylie want to ensure that the quality of life remains high in the region and our economy strong and competitive, and transit has an important role in achieving this goal as the population continues to grow toward eight million in the very near future; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,THAT: Section 1. The City of Wylie hereby agrees and supports the "Joint Recommendation for Regional Rail in North Central Texas" as put forth by DART, DCTA and The T on the regional transit issue in Exhibit 1 and strongly urges the 80`h Texas Legislation to pass legislation exempting an amount equal to the locally authorized transit sales tax from the 2% local sales tax cap in the 9 counties of North Texas that are designated by the Environmental Protection Agency as "non-attainment" for federal air quality standards. DULY PASS AND ADOPTED by the City Council of the City of Wylie, Texas on the 23rd day of January, 2007. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2007-06(R) Endorsing Regional Rail In North Central Texas IN Regional Transportation Council -- `,IrE The Transportation Policy Body for the North Central Texas Council of Governments =__= (Metropolitan Planning Organization for the Dallas-Fort Worth Region) TO: Mayors, County Judges, County Commissioners DATE: December 21, 2006 City Managers, County Administrators FROM: Cynthia White, Chair, Regional Transportation Council Commissioner, Denton County SUBJECT: Regional Transit Initiative As you are aware, local elected officials and State legislators from North Texas are working together in order to bring more regional rail to Dallas-Fort Worth. This process has been ongoing for well over three years with local elected officials recommending an exemption for transit sales tax in order to fund the rail system. A recent survey shows over 70 percent of registered voters would support an additional sales tax for transit. The timing has become critical to reach consensus on a funding mechanism. The region's Metropolitan Transportation Plan must be approved on January 11, 2007, and unless there is positive momentum for a piece of legislation, 239 miles of regional rail will have to be pulled from the long-range plan in order to attain fiscal constraint. Removing these rail lines will negatively impact future congestion, air quality, and mobility options. If your city or county has not passed a resolution supporting the Tri-Party Agreement between Dallas Area Rapid Transit (DART), the Denton County Transportation Authority, and the Fort Worth Transportation Authority, the RTC strongly recommends you do so. Staff at DART is collecting all resolutions of support. Enclosed with this letter is the Tri-Party Agreement, a list of organizations that have passed support resolutions to date, and a sample support resolution for your reference. In addition, please express your support to your State Representative and State Senator to advance regional rail. We are asking for the authority to exempt transit sales tax and take the issue to voters for approval. On behalf of the RTC, I would like to thank you for being involved with this important transportation issue. If you have any questions or concerns, please feel free to call Michael Morris, Director of Transportation for the North Central Texas Council of Governments, at (817) 695-9241. Cyn i hite Chair, gional Transportation Council Commissioner, Denton County Enclosures AC:Ip cc: Transportation Authority Executive Directors Key Legislative Contacts P.O.Box 5888 • Arlington,Texas 76005-5888 • (817) 695-9240 • FAX (817) 640-3028 ® http://www.nctcog.dst.tx.us/trans 09/25/06 MON 17:19 FAX 817 215 8709 THE T ADMIN ( l002 DART' DCTA JOINT RECOMMENDATION FOR REGIONAL RAIL IN NORTH CENTRAL TEXAS The three existing transit authorities support expanding meaningful public transit in North Texas through our existing organizations.Such transit authorities support the Statement of Principles for the Implementation of a Regional Rail System in North Central Texas agreed to in August 2004 by regional leadership under the following conditions: • New regional rail projects will require new sources of funding. The State authorized Sales and Use Tax has been the primary means of funding public transit service within the region,and the magnitude of the required funding will most likely dictate that sales tax should be the source of funds for new regional rail projects. However,most cities in the region do not have the ability to fund public transit services because sales and use tax capacity has been committed to other uses. • The three existing transit authorities support local option funding of public transit in the region by exempting an amount equal to the locally authorized transit sales tax from the 2%cap in the following counties: o Tarrant o Parker o Johnson o Denton o Wise o Dallas o Collin o Rockwall o Ellis • This action would provide an equitable means of allowing"non-transit"jurisdictions to determine as a local option whether or not they would choose to fund public transit,while allowing jurisdictions that currently support public transit to determine whether they would choose to allocate sales tax capacity for non-transit uses(up to the existing cap). • We support a determination of citizens' support of a regional rail system outside the existing transit authorities'territory or service area,and inside The T's service area. • Formation of a 4th transit entity is not recommended. DA T, a' of the Board D ,Pr Executive Director ti D h ' an-of the Boar ,DtT Executive Director 902_, The T,Chair of the Board The residentfExecutive Director Regional Transit Tri-Party Agreement Resolutions (as of Jan. 12,2007) Passed(85 Total: 4 counties/44 cities/ 11 regional organizations/24 chambers/ 2 statewide organizations): Regional Organizations(11): Regional Transportation Council Counties(4): Dallas Regional Mobility Coalition(26 cities and 5 Collin County counties) Dallas County Tarrant Regional Transportation Coalition(64 members Denton County including 33 cities and 4 counties) Tarrant County Region 13 Texas Municipal League chapter Tarrant County Mayors' Council DART Member Cities(12): North Texas Commission Town of Addison Dallas Citizens Council City of Carrollton Architectural Students for Environmental Change—UTA City of Cockrell Hill(1/23) (1,700 signature petition) City of Dallas Metroport Cities Partnership(8 cities and 5 chambers) City of Farmers Branch North Texas Clean Air Steering Committee City of Garland DowntownDallas City of Glenn Heights Town of Highland Park Chambers(24): City of Irving Greater Dallas Chamber—position statement City of Plano Fort Worth Chamber of Commerce City of Richardson Burleson Chamber of Commerce City of Rowlett Southeast Dallas Chamber of Commerce Town of University Park Northeast Dallas Chamber of Commerce Metrocrest Chamber of Commerce The T Member Cities(2): Richardson Chamber of Commerce City of Fort Worth Oak Cliff Chamber of Commerce City of Richland Hills Greater Dallas Asian American Chamber of Commerce Best Southwest Partnership DCTA Member Cities(3): Lancaster Chamber of Commerce City of Denton Cedar Hill Chamber of Commerce City of Highland Village Duncanville Chamber of Commerce City of Lewisville DeSoto Chamber of Commerce Rowlett Chamber of Commerce Non-Transit Cities(27): Arlington Chamber of Commerce City of Allen Garland Chamber of Commerce City of Anna McKinney Chamber of Commerce City of Arlington Frisco Chamber of Commerce City of Benbrook Fort Worth Hispanic Chamber of Commerce City of Burleson Greater Dallas Hispanic Chamber of Commerce City of Cedar Hill Dallas Black Chamber of Commerce City of Coppell Grand Prairie Chamber of Commerce City of DeSoto Greater Irving/Las Colinas Chamber of Commerce City of Duncanville City of Euless Statewide Organizations(2): City of Fairview Texas Transit Association City of Frisco TEX-21 City of Grand Prairie City of Haltom City Pending Consideration(6): City of Hurst City of Northlake(1/18) City of Lancaster City of Cross Timber City of Lucas City of Murphy City of Mansfield City of Weatherford(1/23) City of McKinney City of Wylie(1/16) City of Melissa H-E-B Chamber of Commerce(Hurst-Euless-Bedford) City of Mesquite (1/17) City of North Richland Hills City of Rhome Passed Resolution Supporting Regional Transit(4): City of Southlake City of Cleburne Town of Trophy Club City of Colleyville City of Watauga City of The Colony City of White Settlement City of Grapevine Regional Rail Research Project The University of Texas at Dallas Quantitative Phase: • Public Opinion Telephone Survey Conducted for the North Texas Commission Conducted by: • Dr.Charlie Leonard School of Arts and Humanities Dr.Don Hicks Office of the President School of Economic, Political, and Policy Sciences Dr. Kurt Beron School of Economic,Political, and Policy Sciences Phone interviews done by the Survey Research Center at the University of North Texas University of Texas at Dallas•Regional Rail Research •Quantitative Phase Results•9/27/06 1 Introduction Researchers at The University of Texas at Dallas (UTD) contracted with The North Texas Commission(NTC)and the three regional transit authorities to conduct a public opinion study on support for regional rail expansion and financing options for that expansion. We completed the qualitative phase of the research—a series of four focus group sessions—last spring. The quantitative phase of the research began with the drafting of the survey instrument,putting into survey form many of the things we had heard from focus group participants from Dallas,Denton, and Tarrant Counties.We produced a 39-item questionnaire,done with input from representatives of the NTC, the Denton County Transit Authority,the Fort Worth Transportation Authority, and DART. The questionnaire averaged 12 minutes in length per completed interview. Telephone interviewing began August 10 and continued through September 18,2006. We subcontracted the interviewing to the Survey Research Center at the University of North Texas. SRC completed 4,077 interviews with registered voters in the non-transit-member areas of Collin and Dallas Counties,in Tarrant County,and in parts of Ellis,Johnson,Kaufman,Parker,and Rockwall Counties.Denton County was not surveyed,as an election was recently held there to form the DCTA. Fort Worth Transit Authority member cities were surveyed to determine their interest in increasing their transit sales tax from a half cent to a full cent. DART member cities in Dallas and Collin Counties already are paying the full-cent sales tax for rail service. The unusually high number of interviews produces a statistical margin for error of plus or minus 1.5 percentage points at the 95 percent confidence interval.In other words,if the survey were conducted 100 times,the results would vary by no more that 1.5 percentage point in either direction 95 of those times.And in a sample this large,the results are accurate to within plus or minus 2 percentage points at the 99 percent confidence interval. To give some perspective,the typical nationwide presidential preference poll conducted by major news organizations uses a sample of about 1,000 interviews to get to within plus or minus three percentage points at the 95 percent confidence interval. More importantly,though,this large number of interviews gives us error margins around plus or minus 5 percentage points(at the 95 percent confidence interval)in all eight counties and most of the nine state Senate districts within the survey area. Results Support for the Half-Cent Sales Tax Increase:Initial support in the region appears quite strong for the half-cent sales tax. Support on first consideration was 62.9%,with one respondent in five(19.4%) saying they strongly favor the sales tax increase"to fund an expansion of the rail transit system in the Dallas-Fort Worth Metroplex,to include multiple lines in Dallas,Tarrant, and Denton Counties and into outlying areas." This response is quite robust,not least because the large number of interviews reduces the statistical margin for error to plus or minus 1.5%.Another factor assuring us of its validity is that this was only the fourth or fifth question asked in the survey(some questions were randomly rotated),and the first that had anything to do with either transit or taxation. It was"masked"by a companion item described as something"that could be on the ballot in the next year or so,"a proposal"to raise the minimum wage in Texas by$1 per hour, from$5.15 to $6.15 per hour. The law would take effect one year from the election date."(Incidentally, 82.2%of respondents would favor the one-dollar minimum wage increase.) Near the end of the survey,respondents were asked again for their position on the sales tax increase for rail system expansion,"taking into account everything we've talked about,"and support rose from University of Texas at Dallas •Regional Rail Research •Quantitative Phase Results•9/27/06 2 62.9%on first consideration to 74.7%on reconsideration. More on this in the"Reconsideration of Half-Cent Sales Tax Increase"section following. Interviewers then told respondents that a better system,running more trains to more stops more frequently,could be built even sooner if a full-cent sales tax increase were levied rather than the half- •cent.Respondents were told that benefits of the one-cent version of the proposal would have more opportunities for economic development,and would include a bus feeder system. This led 44.5%of respondents to say they would be more likely to support the proposal if it were for one cent,and 55.5%to say they would be less likely to support such a proposal. Public Policy Problems: In the focus group phase of the study, support for rail expansion appeared to be tied to frustration over traffic congestion and high gasoline prices,and, to a lesser extent,concern over air pollution. The phone survey provides ample support for this hypothesis.We asked respondents to rate several "public policy problems"on a five-point scale,on which"5"was most serious and"1"was least serious. • Six in ten(60.5%)respondents ranked gasoline prices a 5, and three-fourths rated it a 4 or 5. Fewer than one in ten(9.6%)rated gas prices a 1 or 2. • Traffic congestion was rated a 5 by four in ten respondents(40.4%), and a 4 or 5 by nearly two- thirds(64.9%). Only 15%rated congestion a 1 or 2. • Air pollution was seen as less of a problem in our focus groups as well as in our phone survey. Still, more than half(52.6%)of survey respondents said pollution rated a 4 or 5 on the five-point scale. • Somewhat fewer(49.6%)respondents said population growth was a serious enough problem to rank a 4 or 5 on the scale. Certainly the seriousness of pollution,gas price,and congestion problems combine in favor of support for a measure that respondents think would ease them: a linked rail transit system in the region. Use of Sales Tax Revenue: There had been concerns in our group client meetings over citizens' preferences for the use of sales tax money: Would they prefer locally levied sales taxes to be used in the community,or to be used for infrastructure needs areawide?The clear result is areawide infrastructure,with 61.3%favoring that option over the 38.7%who favored"economic development in individual cities." Statements About Rail Transit: We asked respondents to agree or disagree with a series of statements about"public policy for rail transit,"to see the extent to which opinions we heard in focus groups were held in the general public. Not surprisingly, given the high initial support we saw for transit expansion, respondents agreed with favorable characterizations of rail transit. However, they also overwhelmingly agreed with the less- favorable assessment that the DFW Metroplex is behind other large metro areas when it comes to mass transit.Respondents seemed to think the spread-out nature of the area called for rail to link the areas,rather than it being a hindrance to the effectiveness of a rail system. • Eight in ten(80.9%)agreed that they would ride a rail system that"went where I wanted to go, when I wanted to go there."More than a third of the sample(35.3%)strongly agreed. • University of Texas at Dallas•Regional Rail Research•Quantitative Phase Results•9/27/06 3 • More than eight in ten(82.3%)agreed that"The Dallas-Fort Worth area is way behind other large metropolitan areas when it comes to efficient,modern mass transit systems."Only 17.8% disagreed. • Almost 85%agreed that rail would help them—even if they didn't use it—"by getting more cars • off the road and making it easier to drive around the area." • We heard in focus groups that the Dallas-Fort Worth area is"too spread-out to benefit from a coordinated rail transit system."Only about three in ten(29.0%)survey respondents agreed. • Quite the contrary,respondents overwhelmingly(81.7%)agreed that in such a spread-out area,"A rail system that could do a better job of linking the communities in our area would do a lot to help our economy grow." Alternatives for Reducing Congestion and Pollution: We asked respondents to rate rail systems and bus systems against carpooling,better traffic engineering,and alternative fuels as the best ways to effectively reduce traffic congestion,pollution, and gas prices.In each of the three"contests,"respondents rated bus systems least effective.The rail system was seen as the preferred alternative over bus and carpooling and over the bus and traffic engineering.In the third grouping,alternative fuels beat a rail system by nine-tenths of a point. Statements About a Gasoline Tax Increase:In the phone survey,as in the focus groups,respondents appeared concerned about high fuel prices and more or less hostile to the notion of funding rail expansion with a gasoline tax.In order to understand public policy preferences on the issue,we read a number of statements based on what we'd heard in the focus groups and asked respondents whether they found the arguments persuasive,whether in favor of or opposition to a 13-cent-per-gallon increase in the fuel tax. Respondents tended to disagree with arguments favorable to the proposal and to agree with statements that opposed the gasoline tax increase. • Only 38%found very or somewhat persuasive the argument that the proposal"would encourage people to drive less,to conserve fuel,and would help reduce the dangerous pollution levels we see in our area." • Similarly,fewer than half(46.5%)found very or somewhat persuasive the argument that the gas tax would pay to build and maintain a rail system,while the higher fuel prices would encourage the use of transit and save on gasoline,saying further that"It is a good solution to the serious and complex problems caused by traffic congestion." • More than two-thirds(69.9%)found persuasive the argument that the gas tax is unfair,burdening people who would not be able to take advantage of a rail system. • Most persuasive of the four arguments tested(84.5%very/somewhat persuasive)was that gasoline prices are already too high, and that even higher prices"would hurt both individuals and businesses in our area." Support for Gasoline Tax Increase:We asked respondents to tell us,"if the election were held today, taking everything we've talked about into account,"whether they would favor or oppose the 13-cent- per-gallon gas tax increase to fund rail expansion. We also expanded our description of the rail line, saying"the system would include existing rail lines in Denton,Tarrant, and Dallas Counties,and would extend into cities north, south, east,and west of Dallas and Tarrant Counties."We also added University of Texas at Dallas•Regional Rail Research •Quantitative Phase Results•9/27/06 4 area-specific cities into the description, for example telling residents of northern Dallas and Collin Counties that the system would serve Allen,McKinney,Frisco and Rockwall,and telling residents of Parker County that it would serve Weatherford and Granbury. • Even with that more comprehensive description of proposed lines,nearly six in ten(58.1%) opposed the gas tax solution,with half of those(31.5%)strongly opposed. • We then informed respondents that an even better rail system could be built sooner with a 26-cent increase in the fuel tax and asked them how that information would impact their support at the polls for a gasoline tax. Only one in eight(12.0%)said that would make them much or somewhat more inclined to support a gas tax as a way to fund rail expansion. Statements About Half-Cent Sales Tax: We read a number of statements, some favorable and some unfavorable, about the proposed half-cent sales tax increase to fund rail expansion and asked respondents whether they found the arguments persuasive.As before,we want to know the extent to which arguments we heard during the qualitative phase of the research were held in the larger Metroplex population. • Most persuasive of the arguments in favor of the proposal(77.7%very/somewhat)was that it was "a small price to pay for a modern,coordinated rail system that will reduce traffic congestion,air pollution,time wasted in commuting,and personal energy costs." • A little over a third(35.0%)found persuasive the argument that the"sales tax increase will hurt the local governments that impose it,because people will shop elsewhere in order to avoid paying the tax." • Almost seven in ten(69.8%)found very or somewhat persuasive that the sales tax is a good way to finance the rail expansion"because tourists and out-of-towners will help pay for those improvements when they shop here." • It was somewhat surprising that, in a tax-averse state and metro area,no more than four in ten (41.4%)found persuasive the statement that, with the level of taxation already high,"I won't support an increase in taxes, no matter how good the cause." • Nearly seven in ten(69.8%)found persuasive that the benefit to our economy of recouping millions of productive hours otherwise wasted in traffic"will far outweigh the small cost of a sales tax." • Similarly, 69.2%found very or somewhat persuasive the argument that economic development around rail stops would be a benefit to communities served by expansion of the rail transit system. Reconsideration of Half-Cent Sales Tax Increase: We asked respondents their opinion on the half-cent sales tax again, "taking into account everything we've talked about."And, as with the question asked on the gasoline tax increase, we described the proposed route in greater detail and added area-specific cities that would be served. Favorable responses went up by almost 12 percentage points, from 62.9%to 74.7%. • As with the gas-tax question, we told respondents that a better system, with more trains running more frequently to more stations, could be built more quickly if we doubled the tax increase to a full cent. We asked them what effect this would have for their support for the measure;44.5% University of Texas at Dallas•Regional Rail Research •Quantitative Phase Results•9/27/06 5 said this would make them more likely to support the proposal, and 55.5%said they would be less likely to support the full-cent increase. Given the strong initial support for the proposal in this survey,we were not surprised to see the jump in support at the end. Respondents,particularly in outlying areas,would be more likely to support the rail expansion and sales tax once they were informed that it would serve areas near them. Thinking harder about the serious problems of pollution,congestion,high gas prices, and population growth probably made them more favorable toward rail expansion. Nor is it surprising that,even with broad support for a rail system,respondents did not want to use gas taxes to pay for it-high gas prices were one of the problems that led them to favor rail,and raising gasoline prices is not an intuitively appealing solution. In short,the survey results indicate that there is strong baseline support across the region for an integrated rail system,and that registered voters appear willing to tax themselves to get it. The jump in support from first consideration to reconsideration indicates that when voters think about the seriousness of the problems and solutions to those problems,they are even more willing as a group to support a half-cent sales tax-even when presented with some strong arguments to the contrary. County Results: Support in Johnson County moved from 61.6%on first consideration to 72.7%on reconsideration. Support in Ellis County moved from 53.5%on first consideration to 72.1%on reconsideration. Support in Kaufman County moved from 58.5%on first consideration to 77.6%on reconsideration. Support in Parker County moved from 57.8%on first consideration to 71.2%on reconsideration. Support in Tarrant County moved from 69.6%on first consideration to 78.6%on reconsideration. Support in Dallas County moved from 64.5%on first consideration to 72.0%on reconsideration. Support in Rockwall County moved from 60.8%on first consideration to 76.5%on reconsideration. Support in Collin County moved from 62.0%on first consideration to 77.0%on reconsideration. State Senate District Results: Support in SD 2 moved from 59.8%on first consideration to 76.2%on reconsideration. Support in SD 8 moved from 64.2%on first consideration to 76.9%on reconsideration. Support in SD 9 moved from 68.4%on first consideration to 74.9%on reconsideration. Support in SD 10 moved from 67.0%on first consideration to 79.0%on reconsideration. Support in SD 12 moved from 71.5%on first consideration to 78.9%on reconsideration. Support in SD 16 moved from 63.1%on first consideration to 64.6%on reconsideration. Support in SD 22 moved from 57.6%on first consideration to 72.4%on reconsideration. Support in SD 23 moved from 62.8%on first consideration to 74.9%on reconsideration. Support in SD 30 moved from 59.2%on first consideration to 71.1%on reconsideration. University of Texas at Dallas •Regional Rail Research•Quantitative Phase Results•9/27/06 6 Notes on Reporting of Results • Figures are rounded to the nearest one-tenth of one percentage point. Sometimes the sum of answer categories will not equal 100%because of rounding. Percentages on each question are reported from among those respondents providing a codable response. "Don't know"or other non-codable responses are not included in this report. "Don't know"responses ranged from a low of 0.2 percentage points on(among others)the question of seriousness of traffic congestion to a high of 16.7%on the question about the general direction of things in the State of Texas. University of Texas at Dallas•Regional Rail Research•Quantitative Phase Results•9/27/06 7 Survey Questions and Frequency Distributions I) Hello,I'm(name)calling from the Survey Research Center at the University of North Texas. We're conducting a survey in your area about some important public issues. This number was chosen at random.This is a legitimate survey,and there is nothing to buy or sell.According to our research protocol,I need to speak to the youngest(male/female)who is registered to vote and who is at home when I place this call. 2) First,I'd like to ask a few questions about the general direction of things in your community, neighborhood,or part of the city.Generally speaking, do you feel that your community is moving in the right direction or in the wrong direction? Right direction 81.8% Wrong direction 18.2% 3) How about in the Dallas/Fort Worth metropolitan area?Generally speaking,do you feel that the D-FW Metroplex is moving in the right direction or in the wrong direction? Right direction 69.8% Wrong direction 30.2% 4) And how about in the State of Texas?Generally speaking,do you feel that the State of Texas is moving in the right direction or in the wrong direction? Right direction 63.9% Wrong direction 36.1% Next I'm going to read a couple of proposals that could be on the ballot in the next year or so.For each, please tell me if the election were held today,whether you'd strongly favor,favor,oppose,or strongly oppose that proposal.First is . . (Rotate) %Strongly %Strong+ %Strongly %Strong+ Proposal Favor Favor Oppose Oppose 5) A proposal to raise the minimum wage in Texas by$1 per hour,from$5.15 to$6.15 per hour. The law would take effect one year from the election date. 44.3% 82.2% 11.8% 17.9% 6) An increase of one half-cent in the local sales tax to fund an expansion of the rail transit system in the Dallas-Fort Worth Metroplex,to include multiple lines in Dallas, Tarrant,and Denton Counties and into outlying areas. 19.4% 62.9% 12.3% 37.1% University of Texas at Dallas•Regional Rail Research •Quantitative Phase Results•9/27/06 8 Now I'm going to name some public policy problems that some say are facing people in your area.For each problem that I read,please rate the seriousness of that problem on a five-point scale,where a"5"is very serious in your area and a"1"is not at all serious.Of course,you can use any number between 1 and 5,okay?First is. . (rotate) %5 Very %4+5 %3 % 1+2 Not Policy Problem Serious Serious Neutral Serious 7. Air pollution. 31.4% 52.6% 26.5% 21.0% 8. Traffic congestion. 40.4% 64.9% 20.1% 15.1% 9. Rising gasoline prices. 60.5% 76.4% 14.0% 9.6% 10. Population growth. 28.0% 49.6% 28.6% 21.8% • 11. There has been a debate among some policy makers about how sales taxes should be used in the Dallas-Fort Worth area.Some think that sales tax would be better used to promote local economic development,with spending decisions made by mayors and councils of individual cities in the Metroplex.Others think that sales tax would be better spent on area-wide infrastructure,such as rail lines or new highways,benefiting the area as a whole.Which is closer to the way you think? That. . . Sales taxes would be better used for economic development in individual cities 38.7% or that. . . Sales taxes would be better used for infrastructure improvements all over the area 61.3% Some have suggested that an expanded rail transit system,coordinated throughout the Metroplex,would help solve pollution problems,congested roadways,and higher personal energy costs.Other people are not so sure. I'm going to read some things people are saying about public policy for rail transit.For each statement that I read, I'd like you to tell me whether you strongly agree,somewhat agree, somewhat disagree,or strongly disagree.First is. .. (Rotate) %Strong %Strong+ %Strong %Strong+ Statement Agree Agree Disagree Disagree 12. If a rail system served my area,and it went where I wanted to go,when I wanted to go there, I would ride it. 35.3% 80.9% 4.0% 19.1% • 13. The Dallas-Fort Worth area is way behind other large metropolitan areas when it comes to efficient,modern mass transit systems. 37.6% 82.3% 1.6% 17.8% 14. Even if I chose not to ride the train for commuting,errands, or recreation,a rail system would help me by getting more cars off the road and making it easier to drive around the area. 32.8% 84.9% 2.5% 15.0% University of Texas at Dallas •Regional Rail Research•Quantitative Phase Results•9/27/06 9 Strong % Strong+ %Strong %Strong+ Statement Agree Agree Disagree Disagree 15. The Dallas-Fort Worth area is too spread-out to benefit from a coordinated rail transit system. 5.4% 29.0% 18.3% 71.1% 16. The Dallas-Fort Worth Metroplex is very spread-out. A rail system that could do a better job of linking the communities in our area would do a lot to help our economy grow. 26.6% 81.7% 2.7% 18.3% 17. Which of the following methods would be more effective in reducing traffic congestion pollution and gas prices? a. A Rail System A Bus System or Carpooling? 67.4% 10.4% 22.3% b. A Rail System A Bus System or Traffic Engineering? 59.0% 7.1% 33.9% c. A Rail System A Bus System or Alternative Fuels? 46.4% 6.4% 47.3% Next we are going to talk about some ways people have proposed to pay the costs of expanding a rail transit system for the Dallas-Fort Worth area.The first is a 13 cent-per-gallon tax on gasoline and diesel fuel.I'm going to read some statements people have made both for and against the gasoline tax to fund rail expansion.For each statement that I read,please tell me whether you find that statement very persuasive, somewhat persuasive,not very,or not at all persuasive.?First is . . . (Rotate) %Very %Very+ %Not at %Not Very+ Statement Persuasive Somewhat All Not at all 18. Higher gasoline taxes would encourage people to drive less,to conserve fuel,and would help reduce the dangerous pollution levels we see in our area. 13.8% 38.0% 32.3% 62.0% 19. Gasoline prices are already too high.Raising gas prices this much would hurt both individuals and businesses in our area. 61.1% 84.5% 6.1% 15.5% 20. A gasoline tax would both pay for expansion and upkeep of the rail system and encourage people to use mass transit to save on gas. It is a good solution to the serious and complex problems caused by traffic congestion. 12.5% 46.5% 25.0% 53.5% 21. A gasoline tax to fund rail expansion is unfair.It would tax many people who would not be able to take advantage of a new rail system,as well as those who would be able to use it. 37.2% 69.9% 11.9% 31.1% University of Texas at Dallas•Regional Rail Research•Quantitative Phase Results•9/27/06 i0 22.Now,please tell me how likely you would be to support a 13-cent-per-gallon gasoline tax to fund a rail system expansion.The system would include existing rail lines in Denton,Tarrant,and Dallas counties,and would extend into cities north,south,east and west of Dallas and Tarrant Counties.These would include: RESPONDENTS FROM NORTH DALLAS COUNTY AND COLLIN COUNTY READ:Allen, ,McKinney,Frisco and Rockwall RESPONDENTS FROM SOUTH DALLAS,JOHNSON AND ELLIS COUNTIES READ:Waxahachie, Midlothian,Cleburne,Cedar Hill,Duncanville and Alvarado RESPONDENTS FROM TARRANT COUNTY READ: Weatherford,Granbury,Arlington PARKER COUNTY:Weatherford,Granbury RESPONDENTS FROM ROCKWALL,EAST DALLAS,KAUFMAN READ: Rockwall and Greenville and through Mesquite as far as Forney,Terrell and Kaufman. TO ALL:D-FW Airport would be linked by rail from all points. If the election were held today,taking into account everything we've talked about,would you strongly favor,favor,oppose,or strongly oppose this proposal? %Strongly %Strong+ %Strongly %Strong+ Proposal Favor Favor Oppose Oppose 13-cent increase in the gasoline tax 13.0% 41.9% 31.5% 58.1% 23. Some have suggested that an even better rail system could be built sooner if it were funded by a 26-cent per gallon gasoline tax.The proposed rail system would serve more citizens of the Metroplex,involve more frequent trains,more stations,provide more options for economic development around stations and would be served by a bus feeder system.How would a 26-cent per gallon gasoline tax increase—for a more comprehensive system—affect your support for rail expansion?Would you be much more,somewhat more,somewhat less,or much less likely to support the proposal? Much more somewhat more somewhat less Much less 2.9% 9.1% 18.6% 72.2% Others have suggested a one-half-cent sales tax increase would be an alternative way to fund the expansion of the rail system that we have been talking about.I'm going to read some statements people have been making both for and against the proposal to fund rail expansion with a half-cent sales tax.For each one that I read,again,please tell me whether you find that statement very persuasive,somewhat persuasive,not very,or not at all persuasive,?. First is . . . (Rotate) 13/0 Very % Very+ %Not at %Not Very+ Statement Persuasive Somewhat All Not at all 24. A half-cent sales tax is a small price to pay for a modern, coordinated transit system that will reduce traffic congestion,air pollution,time wasted in commuting, and personal energy costs. 40.1% 77.7% 10.6% 22.3% 25. A sales tax increase will hurt the local governments that impose it,because people will shop elsewhere in order to avoid paying the tax. 13.2% 35.0% 27.0% 65.0% University of Texas at Dallas•Regional Rail Research•Quantitative Phase Results•9/27/06 11 %Very %Very+ %Not at %Not Very+ Statement Persuasive Somewhat All Not at all 26. A sales tax is a good way to finance improvements such as an integrated rail system,because tourists and out-of-towners will help pay for those improvements when they shop here. 29.1% 69.8% 13.0% 30.2% 27. The amount of taxes we pay is already too high. I won't support an increase in taxes,no matter how good the cause. 20.2% 41.4% 27.1% 58.6% 28. As a region we waste millions of productive hours stuck in traffic. The benefit to our economy—as well as to the lives of commuters—will far outweigh the small cost of a sales tax increase. 28.8% 69.8% 12.5% 30.1% 29. Residents of cities that would be served by rail would get the benefits of economic development and increased property values near the new rail stations as well as the benefits of having rail travel convenient to them. 25.0% 69.2% 12.3% 30.8% 30.Now,please tell me how likely you would be to support a half-cent-sales tax to fund a rail system expansion.The system would include existing rail lines in Denton,Tarrant,and Dallas counties, and would extend into cities north,south,east and west of Dallas and Tarrant Counties.These would include: RESPONDENTS FROM NORTH DALLAS COUNTY AND COLLIN COUNTY READ:Allen, McKinney,Frisco and Rockwall RESPONDENTS FROM SOUTH DALLAS,JOHNSON AND ELLIS COUNTIES READ: Waxahachie, Midlothian,Cleburne,Cedar Hill,Duncanville,Alvarado and Arlington RESPONDENTS FROM TARRANT COUNTY READ: Weatherford,Granbury,and Arlington PARKER COUNTY:Weatherford,Granbury RESPONDENTS FROM ROCKWALL,EAST DALLAS,KAUFMAN READ: Rockwall and Greenville and through Mesquite as far as Forney,Terrell and Kaufman. TO ALL:D-FW Airport would be linked by rail from all points. If the election were held today, taking into account everything we've talked about,would you strongly favor,favor,oppose,or strongly oppose this proposal? %Strongly %Strong+ %Strongly %Strong+ Proposal. Favor Favor Oppose Oppose Half-cent increase in the sales tax 35.2% 74.7% 12.3% 25.3% University of Texas at Dallas•Regional Rail Research •Quantitative Phase Results•9/27/06 12 31. Some have suggested that an even better rail system could be built sooner if it were funded by a full one- cent increase in the sales tax.The proposed rail system would serve more citizens of the Metroplex,involve more frequent trains,more stations,provide more options for economic development around stations and would be served by a bus feeder system.How would a one-cent sales tax increase-for a more comprehensive system-affect your support for rail expansion?Would you be much more, somewhat more,somewhat less,or much less likely to support the proposal? Much more somewhat more somewhat less Much less 14.8% 29.7% 26.5% 29.0% Thank you.Now I just have a few more questions for classification purposes. 32. DO NOT READ,just code: Male 39.7% Female 60.3% 33. What is the last level of education you have completed?Is it.. . less than high school 2.0% high school 18.1% some college 29.5% associate's degree 8.4% bachelor's degree 26.2% graduate degree 15.8% 34. How often do you use rail systems in the Dallas-Fort Worth area for commuting,recreation,errands,or special events?Would you say you use rail 1.Daily 0.6% 2.Weekly 1.3% 3.Monthly 3.5% 4.Less than monthly 23.0% 5.Not at all 71.5% 35. How many children under 18 live in your home? none 65.9% one 14.2% two 13.2% three 4.5% four or more 2.2% 36. Do you own or rent your home? Own 92.8% Rent 7.2% 37. What is your marital status?Are you Married 74.1% Living with someone 1.0% Divorced 5.6% Widowed 6.6% Single 12.7% University of Texas at Dallas•Regional Rail Research•Quantitative Phase Results•9/27/06 13 38. How would you describe yourself in terms of political party? <1>Republican 48.5% <2>Democrat 24.0% <3>Independent 21.2% <4>Libertarian 1.5% <7>Other 4.9% 38A.(If Republican)Do you consider yourself a strong Republican or a not-so-strong Republican? <1>Strong Republican 62.5% <2>Not-so-strong Republican 37.5% 38B.(If Democrat)Do you consider yourself a strong Democrat or a not-so-strong Democrat? <1>Strong Democrat 65.0% <2>Strong Not-so-strong Democrat 35.0% 38C.(If Independent)Do you consider yourself closer to the Democrats or the Republicans? <1>Independent-Dem 29.5 <2>Pure Ind.(Vol) 30.4 <3>Independent-Rep 40.1 39. For statistical purposes only,please tell me what race or ethnicity you consider yourself. white 84.5% black 6.7% Asian 0.7% Hispanic 3.8% Multiracial 0.9% Other 2.0% Refused 1.4% And finally,again for statistical purposes,we'd like a rough estimate of your total household income last year.Just stop me when I get to your category.Was it: Under 25,000 7.5% • 25,001 to 35,000 7.2% 35,001 to 50,000 13.4% 50,001 to 60,000 16.5% 70,001 to 90,000 18.7% 100,001 to 150,000 15.0% 150,001 to 250,000 6.4% Over 250,000 2.4% Other/Refused 13.0% And that's all the questions we have. Thank you for your time and cooperation with this very important survey.Good night. Wylie City Council CIT_Mt Y OF WYLIE AGENDA REPORT Meeting Date: 01-23-07 Item Number: 4 Department: City Managers Office (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 01-04-07 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2007-02 granting to Atmos Energy Corporation, a Franchise Agreement to construct, maintain, and operate pipelines and equipment in the City of Wylie for the transportation, delivery, sale and distribution of gas in, out of, and through the City of Wylie for all purposes and providing for the payment of a fee or charge for the use of right of ways. Recommendation Motion to approve Ordinance No. 2007-02 granting to Atmos Energy Corporation, a Franchise Agreement to construct, maintain, and operate pipelines and equipment in the City of Wylie for the transportation, delivery, sale and distribution of gas in, out of, and through the City of Wylie for all purposes and providing for the payment of a fee or charge for the use of right of ways Discussion The Franchise Agreement with Atmos Energy has expired. The agreement proposed was prepared by Attorney Julie Fort representing the City of Wylie and Steve Mathews representing Atmos. The attached Ordinance grants Atmos a Franchise Agreement to construct, maintain, and operate pipelines and equipment in the City of Wylie. Approved By Initial Date Department Director JB 1/04/07 City Manager 11W\ li-t? 6 ) Page 1 of 1 ORDINANCE NO. 2007-02 AN ORDINANCE GRANTING TO ATMOS ENERGY CORPORATION, A TEXAS AND VIRGINIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE PIPELINES AND EQUIPMENT IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, FOR THE TRANSPORTATION, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID CITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF RIGHTS-OF- WAYS; AND PROVIDING FOR REPEALING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1. GRANT OF AUTHORITY: 1.1 Permission. The City of Wylie, Texas, hereinafter called "City," hereby grants to Atmos Energy Corporation, its successors and assigns, hereinafter called "Atmos Energy," consent to use and occupy the surface and the space below any present and future streets, alleys, highways, public utility easements, public ways and other public places (the "Rights-of-Way" or "ROW"), for the purpose of laying, maintaining, constructing, protecting, operating, and replacing therein and thereon pipelines and all other appurtenant equipment to deliver, transport, and distribute gas in, out of, and through City for persons, firms, and corporations, including all the general public, and to sell natural gas (hereinafter "gas" means "natural gas") to persons, firms, and corporations, including all the general public, within the City's corporate limits, as such limits may be amended from time to time during the term of this franchise (the "System"). This consent or grant does not grant to Atmos Energy the right, privilege or authority to engage in any other business within the City other than the provision of gas sales, transportation, distribution and the furnishing of gas to the City and its residents ("residents" meaning all persons, businesses, industry, governmental agencies, and any other entity whatsoever, located, in whole or part, within the City that are or may be served by Atmos Energy hereunder). 1.2 Non-Exclusive Use. This Ordinance (hereinafter referred to as "Agreement") does not provide Atmos Energy with exclusive use of the ROW, and City shall have the right to permit other providers of services to install equipment or devices in the ROW. Nothing in this Agreement shall be construed to obligate the City to grant Atmos Energy permission to use any particular facility, property, or right-of-way not covered by this Agreement. 1.3 No Priority. This Agreement does not establish any priority for the use of the ROW by Atmos Energy or by any present or future recipients of franchise agreements, easement holders or other permit holders. In the event of any dispute as to the priority of use of the Ordinance No.2007-02 Page 1 Atmos Franchise Agreement 466644.v2 ROW, the priority shall be determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. 1.5 Compliance with Law. Atmos Energy shall be subject to and comply with all applicable and controlling local, state and federal laws, including the rules and regulations of any and all agencies thereof, whether presently in force or whether enacted or adopted at any time in the future. In constructing, maintaining and/or operating the System, Atmos Energy shall act in a good and workmanlike manner, observing high standards of engineering and workmanship and using materials of good and durable quality. In addition, Atmos Energy shall comply, in all respects, with applicable codes and industry standards. 1.6 In Lieu of Other Fees. It is expressly agreed that the payments provided for in Section 5 below shall be in lieu of any and all other and additional occupation taxes, easement, franchise taxes or charges (whether levied as an ad valorem, special, or other character of tax or charge), municipal license, permit, and inspection fees, bonds, street taxes, and street or alley rentals or charges, and all other and additional municipal taxes, charges, levies, fees, and rentals of whatsoever kind and character that City may now impose or hereafter levy and collect from Atmos Energy or Atmos Energy's agents, excepting only the usual general or special ad valorem taxes that City is authorized to levy and impose upon real and personal property. If the City does not have the legal power to agree that such payments shall be in lieu of taxes, licenses, fees, street or alley rentals or charges, easement or franchise taxes or charges aforesaid, then City agrees that it will apply so much of said sums of money paid as may be necessary to satisfy Atmos Energy's obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, easement or franchise taxes or charges aforesaid. 1.7 Right of Condemnation Reserved. Nothing in this Agreement shall limit any right the City may have to acquire by eminent domain any real property of Atmos Energy. SECTION 2. CONSTRUCTION, MAINTENANCE, OPERATION & RELOCATION OF ATMOS ENERGY FACILITIES: 2.1 General Provisions. Atmos Energy shall lay, maintain, construct, operate, and replace its System to minimize interference with traffic, place or cause to be placed appropriate barriers to mark excavations or obstructions, and restore to substantially the same condition all Rights-of-Way that it may disturb. In determining the location of the facilities of the City and other users of Rights-of-Way within City, City shall minimize interference with then existing facilities of Atmos Energy and shall require other users of Rights-of-Way to minimize interference with existing facilities of Atmos Energy in accordance with City ordinances. In the event of a conflict between the location of the proposed facilities of Atmos Energy and the location of the existing facilities of City or other users of Rights-of-Way within Rights-of-Way that cannot otherwise be resolved, City or an authorized agent of City shall resolve the conflict and determine the location of the respective facilities within the Rights-of-Way. Ordinance No.2007-02 Page 2 Atmos Franchise Agreement 466644.v2 2.2 Relocation. When Atmos Energy is required by City to remove or relocate its mains, laterals, and other facilities to accommodate construction of streets, drainage facilities, alleys and other improvements by City, and Atmos Energy is eligible under federal, state, county, local or other programs for reimbursement of costs and expenses incurred by Atmos Energy as a result of such removal or relocation, and such reimbursement is required to be handled through City, Atmos Energy costs and expenses shall be included in any application by City for reimbursement, if Atmos Energy submits its cost and expense documentation to City prior to the filing of the application. City shall provide reasonable notice to Atmos Energy of the deadline for Atmos Energy to submit documentation of the costs and expenses of such relocation to City. If Atmos Energy is required by City to remove or relocate its mains, laterals, or other facilities for any reason other than the construction of streets, alleys, drainage systems or other improvements to the Public Rights-of-Way by City that are not primarily for beautification or the benefit of a third party, Atmos Energy shall be entitled to reimbursement from City or others of the cost and expense of such removal or relocation. When Atmos Energy is required to remove or relocate its mains, laterals or other facilities to accommodate construction by City without reimbursement from City, Atmos Energy shall have the right to seek recovery of relocation costs as provided for in applicable state and/or federal law. 2.3 Abandonment. If City abandons any Right-of-Way in which Atmos Energy has facilities, such abandonment shall be conditioned on Atmos Energy's right to maintain its use of the former Right-of-Way and on the obligation of the party to whom the Right-of-Way is abandoned to reimburse Atmos Energy for all removal or relocation expenses if Atmos Energy agrees to the removal or relocation of its facilities following abandonment of the Right-of-Way. If the party to whom the Right-of-Way is abandoned requests Atmos Energy to remove or relocate its facilities and Atmos Energy agrees to such removal or relocation, such removal or relocation shall be done within a reasonable time at the expense of the party requesting the removal or relocation. If relocation cannot practically be made to another Right-of-Way, the expense of any right-of-way acquisition shall be considered a relocation expense to be reimbursed by the third party requesting the relocation. The reservation of a utility easement of sufficient width to enable Atmos Energy's continued safe and efficient service in an abandonment of ROW by the City shall fulfill the City's obligation to condition the abandonment on Atmos Energy's right to continued use. The City's obligations in this paragraph shall not apply if the third party is a party with the right to condemn the City's Right-of-Way. 2.4 Easements. Any easements over or under property owned by City other than the Right— of-Way shall be separately negotiated with City, except that Atmos Energy may use general utility easements that are dedicated for compatible uses on property owned by City. 2.5 Right of Inspection. City shall have the right to inspect all construction, reconstruction, installation work and/or any other work performed by Atmos Energy and to make such tests as it deems necessary to ensure compliance with the terms of this Agreement, City ordinances, and any other local, state, or federal laws. Ordinance No.2007-02 Page 3 Atmos Franchise Agreement 466644.v2 2.6 Placement of Fixtures. Atmos Energy shall not place any part of the System or similar fixtures where the same will unduly interfere with any gas, electric, or telephone fixture, water hydrant or main, drainage facility or sanitary sewer, or other utility and all such improvements shall be placed in such manner as not to unreasonably interfere with the usual travel or use of the streets,public easements and Right(s)-of-Way. 2.7 Compliance with Railroad Commission Rules and Regulations. Atmos Energy must comply with all customer service rules and regulations, as they exist or may be amended and/or created, set by the Railroad Commission of Texas or an agency of the state regulating the activities of gas utilities in Texas. SECTION 3. INDEMNITY& INSURANCE: 3.1 INDEMNIFICATION. ATMOS ENERGY DOES HEREBY AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES(INCLUDING DEATH),CLAIMS,PROPERTY DAMAGES(INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF ATMOS ENERGY, ITS AGENTS, OR ANY OTHER THIRD PARTIES FOR WHOM ATMOS ENERGY IS LEGALLY RESPONSIBLE, IN ITS/THEIR USE OR OCCUPANCY OF CITY'S RIGHT OF WAY. ATMOS ENERGY IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION SIGNS A JUDGMENT THAT BECOMES FINAL AND NON-APPEALABLE, DETERMINING THAT THE CITY (WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE NEGLIGENCE FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS(THE "JUDGMENT"),THEN ATMOS ENERGY IS NOT REQUIRED TO INDEMNIFY THE CITY TO THE EXTENT OF THE NEGLIGENCE APPORTIONED TO THE CITY FOR EACH CAUSE OF ACTION IDENTIFIED IN THE JUDGMENT. IN THE EVENT THE JUDGMENT PROVIDES THAT CITY IS JOINTLY, CONCURRENTLY, OR SOLELY NEGLIGENT FOR THE CLAIMS REFERRED TO THEREIN, CITY AGREES TO REIMBURSE ATMOS ENERGY FOR ALL REASONABLE AND NECESSARY COSTS INCURRED AND PAID BY ATMOS ENERGY THAT ARE ATTRIBUTABLE TO CITY'S PERCENTAGE OF JOINT, CONCURRENT, OR SOLE NEGLIGENCE, AS SET FORTH IN THE JUDGMENT, INCLUDING REASONABLE AND NECESSARY ATTORNEY'S FEES AND EXPENSES, TO ATMOS ENERGY WITHIN SIXTY (60) DAYS OF THE DATE OF THE JUDGMENT. IN ITS SOLE REASONABLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY ATMOS ENERGY IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF ATMOS ENERGY'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF ATMOS ENERGY'S Ordinance No.2007-02 Page 4 Atmos Franchise Agreement 466644.v2 OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. ATMOS ENERGY SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ATMOS ENERGY FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND ATMOS ENERGY SHALL BE LIABLE FOR ACTUAL REASONABLE COSTS INCURRED BY CITY. THIS SECTION 3.1 SHALL APPLY TO ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO THIS AGREEMENT AND SURVIVE TERMINATION OF THIS AGREEMENT WITH RESPECT TO CLAIMS OR CAUSES OF ACTION ARISING DURING THE TERM OF THIS AGREEMENT. 3.2 Insurance. Atmos Energy may self-insure to the extent permitted by applicable law under any plan of self-insurance, maintained in accordance with sound accounting practices, against risks and obligations undertaken pursuant to this Agreement and shall not be required to maintain insurance; provided that Atmos Energy furnishes the City satisfactory evidence of the existence of an insurance reserve adequate for the risks covered by such plan of self-insurance. Atmos Energy shall provide the City with evidence of the form and basis for insurance coverage or self-insurance, as applicable, within thirty (30) days of the effective date of this Agreement. Should Atmos Energy elect to change the form or basis of insurance during the term of this Agreement, Atmos Energy shall notify the City. Atmos Energy shall provide documentation necessary for review by the City of the changed circumstances of Atmos Energy SECTION 4. RECORDS AND AUDITS: 4.1 Open Books and Records. Upon reasonable written notice to Atmos Energy and with no less than fifteen (15) days written notice to Atmos Energy, City shall have the right to inspect Atmos Energy's books and records pertaining to Atmos Energy's provision of service in the City at any time during normal business hours and on a non-disruptive basis, as are reasonably necessary to ensure compliance with the terms of this Agreement. Atmos Energy shall not be required to maintain any books and records for Agreement compliance purposes longer than three (3) years, except that any records relevant or related to an unresolved, ongoing dispute shall be maintained until final resolution of such dispute. Notwithstanding anything to the contrary set forth herein, Atmos Energy shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature, nor disclose any of its or a division or affiliate's books and records not relating to the provision of service in the City. City agrees to treat any information disclosed by Atmos Energy as confidential and only to disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions hereof or as required by law. 4.2 Audit. The City, or its designee, may conduct an audit or other inquiry in relation to a payment made by Atmos Energy less than three (3) years before the commencement of such audit or inquiry. All records deemed by City or City's designee to be reasonably Ordinance No.2007-02 Page 5 Atmos Franchise Agreement 466644.v2 necessary for such audit shall be made available by Atmos Energy in a format deemed appropriate by the City or City's designee and at a location in the City or within the State of Texas. Atmos Energy agrees to give its full cooperation in any audit and shall provide complete responses to inquiries within fifteen(15)business days of a written request. A. City shall pay the costs of the audit. If the results of the audit indicate Atmos Energy underpaid the Franchise Fee by more than ten percent (10%), then Atmos Energy shall pay the costs of the audit. City agrees that any audit shall be performed in good faith. The calculations required by this paragraph shall be based on the payment period being audited. B. If the results of the audit indicate that Atmos Energy underpaid the Franchise Fee interest on the total amount of underpayment shall be paid in accordance with Section 5.10, and interest shall be calculated from the date the original amount was due. Any additional amount due to City hereunder shall be paid within thirty (30) days of confirmation of the underpayment by Atmos Energy. SECTION 5. PAYMENTS TO CITY: 5.1 Atmos Energy, its successors and assigns, agrees to pay and City agrees to accept, on or before the 45th day following the end of each quarter during the life of this Agreement except as stated in 5.C.(2) below, a sum of money which shall be equivalent to four percent (4%) of the Gross Revenues, as defined in 5.B below, received by Atmos Energy during the preceding calendar quarter (quarters shall end on March 31, June 30, September 30 and December 31 of each year) (the"Franchise Fee"). 5.2 "Gross Revenues" shall mean all revenue derived or received, directly or indirectly, by Atmos Energy from or in connection with the operation of the System within the corporate limits of the City and including, without limitation: (1) all revenues received by Atmos Energy from the sale of gas to all classes of customers (excluding gas sold to another gas utility in the City for resale to its customers within City)within the City; (2) all revenues received by Atmos Energy from the transportation of gas through the System of Atmos Energy within the City to customers located within the City (excluding any gas transported to another gas utility in City for resale to its customers within City); (3) the value of gas transported by Atmos Energy for transport customers through the System of Atmos Energy within the City ("Third Party Sales")(excluding the value of any gas transported to another gas utility in City that has a franchise with City for resale to its customers within City), with the value of such gas to be established by utilizing Atmos Energy's monthly Weighted Average Cost of Gas charged to industrial customers in the Mid-Tex division, as reasonably near the time as the transportation service is performed; and Ordinance No.2007-02 Page 6 Atmos Franchise Agreement 466644.v2 (4) "Gross revenues" shall also include: (a) other revenues derived from the following `miscellaneous charges': i. charges to connect, disconnect, or reconnect gas within the City; ii. charges to handle returned checks from consumers within the City; iii. such other service charges and charges as may, from time to time, be authorized in the rates and charges on file with the City; and iv. contributions in aid of construction"("CIAC"); (b) revenues billed but not ultimately collected or received by Atmos Energy; and (c) gross receipts fees. (5) "Gross revenues" shall not include: (a) the revenue of any Person including, without limitation, an affiliate, to the extent that such revenue is also included in Gross Revenues of Atmos Energy; (b) sales taxes; (c) any interest income earned by Atmos Energy; and (d) all monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of facilities within the City's Rights-of-Way. 5.3 The initial payment for the rights and privileges herein provided shall be for the period January 1 through March 31, 2007, and each succeeding payment shall be for the quarter after which it is made. Notwithstanding 5.1. and 5.2. above, the following shall apply for CIAC: (1) The Franchise Fee amounts based on "Contributions in aid of Construction" ("CIAC") shall be calculated on an annual calendar year basis, i.e. from January 1 through December 31 of each calendar year. (2) The Franchise Fee amounts that are due based on CIAC shall be paid at least once annually on or before April 30 each year based on the total CIAC recorded during the preceding calendar year. The initial CIAC Franchise Fee amount will be paid on or before April 30, 2007 and will be based on the calendar year January 1 through December 31, 2006. The final CIAC Franchise Fee amount under the original term of this Ordinance will be paid on or before April 30, 2017 and will be based on the calendar year January 1 through December 31, 2016. Such final date shall be subject to revision pursuant to Section 6.2 contained herein. 5.4 Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by Atmos Energy: (1) If Atmos Energy should at any time after the effective date of this Agreement agree to new municipal franchise ordinance, or amend or renew an existing municipal franchise ordinance, with another municipality in the Mid-Tex Division, as it exists on the effective date of this Agreement which municipal Ordinance No.2007-02 Page 7 Atmos Franchise Agreement 466644.v2 franchise ordinance determines the franchise fee owed to that municipality for the use of its Rights-of-Way in a manner that, if applied to the City, would result in a franchise fee greater than the amount otherwise due City under this Agreement, then the franchise fee to be paid by Atmos Energy to City pursuant to this Agreement shall be increased so that the amount due and to be paid is equal to the amount that would be due and payable to City were the franchise fee provisions of that other franchise ordinance applied to City. (2) The provisions of this Section 5.4 apply only to the amount of the franchise fee to be paid and do not apply to other franchise fee payment provisions, including without limitation the timing of such payments. 5.5 Atmos Energy Franchise Fee Recovery Tariff. (1) Atmos Energy may file with the City a tariff or tariff amendment(s) to provide for the recovery of the Franchise Fees under this Agreement. (2) City agrees that (i) as regulatory authority, it will adopt and approve the ordinance, rates or tariff which provide for 100% recovery of such Franchise Fees as part of Atmos Energy's rates; (ii) if the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of Atmos Energy's Franchise Fees is an issue, the City will take an affirmative position supporting 100% recovery of such franchise fees by Atmos Energy and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100%recovery of such Franchise Fees by Atmos Energy. (3) City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such Franchise Fees by Atmos Energy. (4) Nothing contained in this Section 5.5 shall be interpreted to alter or limit the City's ability to reject or oppose, before any governmental body, agency, court or other regulatory authority, any portion of an ordinance, rate, tariff, etc. that is not to recover the Franchise Fees. 5.6 Lease of Facilities Within City's Rights-of-Way. Atmos Energy shall have the right to lease, license or otherwise grant to a party other than Atmos Energy the use of its System within the City's Rights-of-Way provided: (i) Atmos Energy first notifies the City of the name of the lessee, licensee or user; the type of service(s) intended to be provided through the System; and the name and telephone number of a contact person associated with such lessee, licensee or user and (ii) Atmos Energy makes the franchise fee payment due on the revenues from such lease pursuant to Sections 5.1. and 5.2. of this Agreement. This authority to lease facilities within City's Rights-of-Way shall not affect any such lessee, licensee or user's obligation, if any, to pay franchise fees and Atmos Energy shall not lease, license or otherwise grant to a third party the right to use any of the System unless a franchise agreement is in effect between the City and the third party. Ordinance No.2007-02 Page 8 Atmos Franchise Agreement 466644.v2 5.7 Statement of Gross Revenues. With each payment of compensation required herein, Atmos Energy shall furnish to the City a statement, executed by an authorized officer of Atmos Energy, or his or her designee, reflecting the total amount of gross revenues received, as defined herein, by Atmos Energy for the payment period. 5.8 Payment over Holidays. Should any payment due date required by this franchise fall on a weekend or declared bank holiday, payment shall be delivered to City no later than the close of business on the working day prior to any specifically required due date contained within this Agreement. 5.9 Failure to Pay Entire/Correct Franchise Fee(s). If either party discovers that Atmos Energy has failed to pay the entire or correct amount of compensation due, the correct amount shall be determined by the City, and the City shall be paid by Atmos Energy within thirty (30) calendar days of such determination. Any overpayment to the City through error or otherwise shall, at the option of the City, be refunded or offset against the next payment due from Atmos Energy. Acceptance by the City of any payment due under this Section shall not be deemed to be a waiver by the City of any breach of this Agreement, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due or from collecting any balance due to the City. 5.10 Interest. Interest on late payments shall be calculated in accordance with the interest rate for customer deposits established by the PUC in accordance with Texas Utilities Code Section 183.003, as amended for the time period involved. If the requirement that interest be paid on customer deposits be removed from state law or be less than one percent (1 %), then the interest rate shall be five percent (5%). 5.11 Additional Fees/Taxes. Nothing in this Agreement shall be construed to prohibit the City from levying the usual general or special ad valorem taxes which the City is authorized to levy and impose upon real and personal property. No such taxes paid by Atmos Energy to the City shall reduce the Franchise Fees payable to City hereunder. 5.12 Forfeiture/Default. (1) If Atmos Energy fails to comply with the material terms of this Agreement, after sixty (60) days written notice, then City may compel compliance by suit in any court of competent jurisdiction and if, upon final judgment being entered in favor of City, Atmos Energy still fails to comply with the terms of this Agreement and the final judgment, City may compel compliance under penalty of forfeiture hereof. (2) Atmos Energy further agrees that if for any reason Atmos Energy fails to pay the payments referenced in Section 5 of this Agreement within thirty (30) days following written notice from City that Atmos Energy has failed to make the payment, such failure shall be sufficient to permit City to terminate this Agreement without court action. Nothing herein shall be deemed as a waiver by Ordinance No.2007-02 Page 9 Atmos Franchise Agreement 466644.v2 either party of any legal remedies available to it under a court or regulatory authority having jurisdiction. 5.13 Renegotiation. Should technological, market-driven, regulatory or similar changes occur in the natural gas industry, then either party may initiate the renegotiation of any provision of this Agreement. Should either party request a change to a provision of this Agreement, both parties agree to enter into a good faith negotiation. AGood Faith@, for the purpose of this Agreement, shall mean an objective, diligent, timely and responsible discourse on the issue(s) involved and a resolute attempt to settle the issue(s). Should, as a result of renegotiation, City and Atmos Energy agree to a change in a provision of this Agreement, the change shall become effective immediately upon passage of an Ordinance by the City Council and execution of the amendment by Atmos Energy, which must be completed by both parties if agreement was reached following renegotiation. Atmos Energy agrees to provide any and all information reasonably requested (except that which is deemed proprietary by a court of competent jurisdiction)by City to assist in a determination of any changes in conditions, practices and/or services provided by Atmos Energy through the use of the Right-of-Way of City. SECTION 6. ACCEPTANCE AND TERM OF FRANCHISE: 6.1 Acceptance. In order to accept this Agreement, Atmos Energy must file with the City Secretary its written acceptance of this Agreement in the form attached hereto as Exhibit "A" within sixty (60) days after its final passage and approval by City. If such written acceptance of this Agreement is not filed by Atmos Energy, the Agreement shall be rendered null and void. 6.2 Term. The term of the Agreement granted herein shall be for ten (10) years from the approval date unless earlier terminated by either party in accordance with the provisions herein. Upon mutual written agreement of the parties, the term of this Agreement may be renewed for two (2) additional terms of five (5) years on the same terms and conditions as set forth herein or as negotiated by the parties hereto. SECTION 7. MISCELLANEOUS: 7.1 Amendment Of Franchise Agreement. This Agreement may not be amended except pursuant to a written instrument signed by both parties. 7.2 Governing Law. The laws of the State of Texas, the City Charter and City ordinances, rules and regulations shall govern the interpretation validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin, Dallas and Rockwall Counties, Texas. 7.3 Force Majeure. In the event that the performance by either party of any of its obligations or undertakings hereunder shall be interrupted or delayed by an act of god or the common enemy or the result of war, riot, civil commotion, sovereign conduct, or the act or conduct of any person or persons not party or privy hereto, then such party shall be Ordinance No.2007-02 Page 10 Atmos Franchise Agreement 466644.v2 excused from performance for a period of time as is reasonably necessary after such occurrence to remedy the effects thereof, and each party shall bear the cost of any expense it may incur due to the occurrence. 7.4 Successors and Assigns. This Agreement is not assignable except to an Affiliate of Atmos Energy without the prior written consent of the City, unless otherwise provided herein, in which case this Agreement shall be binding upon the successors and assigns of the parties hereto. For the purposes of this provision, an Affiliate is defined as any entity controlling, controlled by or under common control with Atmos Energy. 7.5 Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of his Agreement. 7.6 Representations and Warranties. Each of the parties to this Agreement represent and warrant that at the time of signing of this Agreement it has the full right, power, legal capacity, and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 7.7 Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement that are not fully expressed herein. 7.8 No Third Party Beneficiaries. This Agreement is for the benefit of Atmos Energy, and the City, and not for the benefit of any third party. No provision of this Agreement shall be construed as creating any third party beneficiaries. 7.9 Repealing Clause. When this Agreement becomes effective, all previous ordinances of City granting franchises for gas delivery purposes that were held by Atmos Energy or one of its predecessors in interest shall be automatically canceled and annulled, and shall be of no further force and effect, except that the provisions regarding franchise fee payments may still be enforced for any amounts owed to City but still unpaid by Atmos Energy. 7.10 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. City hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. 7.11 Public Meeting. It is hereby officially found that the meeting at which this Ordinance is passed is open to the public and that due notice of this meeting was posted, all as required by law. Ordinance No.2007-02 Page 11 Atmos Franchise Agreement 466644.v2 7.12 Sovereign Immunity. The parties hereto agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 7.13 Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 7.14 Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 7.15 Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. SECTION 8. CITY'S RIGHT TO BID ON SYSTEM: City's Right to Bid on System. In the event Atmos Energy should offer its System, or any part thereof, within the City for sale, Atmos Energy agrees to give written notice of said proposed sale to City. City shall have the same amount of time as other interested parties, or seven (7) days, whichever is greater, from the receipt of said notice to submit a bid to the Atmos Energy for the System, or any part thereof. Atmos Energy agrees to timely provide information to City necessary to prepare a competitive bid. Atmos Energy agrees to consider City's bid equally with all other bids. SECTION 9. EFFECTIVE DATE: If Atmos Energy accepts this ordinance, it becomes effective as of January 23, 2007. DULY PASSED AND APPROVED on this the 23rd day of January, 2007. ATTEST: CITY OF WYLIE, TEXAS Carole Ehrlich, City Secretary Mayor John Mondy Ordinance No.2007-02 Page 12 Atmos Franchise Agreement 466644.v2 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared JOHN MONDY, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledges to me he is the duly authorized representative for the CITY OF WYLIE and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2007. Notary Public in and for the State of Texas My Commission Expires: Ordinance No.2007-02 Page 13 Atmos Franchise Agreement 466644.v2 EXHIBIT"A" STATE OF TEXAS § § COUNTY OF DALLAS § WHEREAS, there was finally passed and approved on DATE, Ordinance No. granting to Atmos Energy Corporation, its successors and assigns, a franchise to furnish and supply gas to the general public in the City of Wylie, Collin County, Texas, for the transporting, delivery, sale and distribution of gas in, out of and through said municipality for all purposes,which is recorded in the Minutes of the City Council of said City; and WHEREAS, Section 6.1 of said ordinance provides as follows: " 6.1 Acceptance. In order to accept this Agreement, Atmos Energy must file with the City Secretary its written acceptance of this Agreement in the form attached hereto as Exhibit "A" within sixty (60) days after its final passage and approval by City. If such written acceptance of this Agreement is not filed by Atmos Energy, the Agreement shall be rendered null and void." AND, WHEREAS, it is the desire of Atmos Energy Corporation, the holder of the rights, privileges and grants under the aforesaid franchise ordinance, to comply with the above-quoted provisions of Section 6.1 thereof. NOW, THEREFORE, Atmos Energy Corporation, acting by and through its duly authorized officers, does hereby agree to and accept the franchise granted to it by the above- described ordinance, in accordance with its terms, provisions, conditions and requirements and subject to the stipulations and agreements therein contained. WITNESS THE EXECUTION HEREOF, on this the day of , 2007. Atmos Energy Corporation Vice President, Mid-Tex Division Ordinance No.2007-02 Page 14 Atmos Franchise Agreement 466644.v2 STATE OF TEXAS § COUNTY OF COLLIN § I, Carole Ehrlich, City Secretary of the City of Wylie, Texas, do hereby certify that the above and foregoing is a true and correct copy of a formal acceptance of a franchise ordinance finally passed and approved by said City on [DATE], and of record in the Minutes of the City; and I do further certify that said acceptance has been duly presented to the City Council and filed in connection with and as a part of said franchise ordinance. OF WHICH, witness my official signature and the seal of said City on this the day of , 2007. Carole Ehrlich, City Secretary City of Wylie, Texas Ordinance No.2007-02 Page 15 Atmos Franchise Agreement 466644.v2 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 23, 2007 Item Number: 5 Department: City Manager (City Secretary's Use Only) Prepared By: Mark Witter Account Code: Date Prepared: January 16, 2007 Budgeted Amount: Exhibits: Subject Consider, and act upon, authorizing the City Manager to negotiate a two-year agreement with Zen Sports Group, LLC for the City of Wylie to serve as a venue host for Panda Cup USA 2007 and 2008. Recommendation Motion to authorize the City Manager to negotiate a two-year agreement with Zen Sports Group, LLC for the City of Wylie to serve as a venue host for Panda Cup USA 2007 and 2008. Discussion The City of Wylie has been approached by Zen Sports Group LLC (Zen) to serve as a venue host for Panda Cup USA 2007 and 2008. The proposed dates for Panda Cup USA 2007 are April 20 and 21, 2007. Panda Cup USA is an international soccer event featuring professional, collegiate and competitive female soccer teams with games scheduled at venues across Texas and Oklahoma. With that, Wylie is being asked to serve as the venue for the 2007 opening ceremonies. To best accomplish this feat, City staff plans to make this a community effort and has been working with various community organizations: Wylie Independent School District (WISD), Wylie Youth Soccer Association (WYSA), Wylie Economic Development Corporation(WEDC) and Wylie Chamber of Commerce (Chamber). By serving as a venue host, staff sees this as an opportunity for Wylie's youth to gain access to world class soccer as well as increase the community's profile on an international level. For the Wylie event, the proposed foreign teams participating include: • Chelsea Football Club Women's Professional Team (England) • Jamaican Women's National Team(Jamaica) • Jamaican U-17 Women's National Youth Team (Jamaica) • Shanghai Women's Professional Team(China) • Southwest United Soccer Club U-19's(Canada) Page 1 of 2 Page 2 of 2 As the opening ceremonies venue, Wylie is being asked to facilitate and/or assist with the following activities. Games — At this time, there will be four (4) games scheduled on April 21 at Pirate Stadium. The matches are still being finalized; however, staff have been informed that the marquee match will feature the Jamaican National Team versus Notre Dame University(2005 NCAA Champions). Team Tours and Lunch—To promote cultural awareness, there are plans for the foreign teams to tour and have lunch at Wylie High School on Friday, April 20. VIP Dinner — With the international aspect, the City is being asked to organize a VIP dinner on Friday, April 20. Invited to the dinner will be foreign Consulates, event sponsors,U.S., State and local dignitaries. Special Olympics Clinic — Zen is working with the Texas Special Olympics to hold a clinic for approximately 300 Special Olympians on Saturday, April 21. To be held in Founders Park, the clinic will feature instruction from coaches and players from the participating teams. Youth Tournament/WYSA Clinic —As part of Panda Cup, Zen is proposing a youth tournament with a portion of those games to be held at Founders Park. However, this event is occurring at the same time as the WYSA regular season; and staff and WYSA officials are concerned on available soccer field space at Founders Park. City staff and WYSA are proposing clinics for WYSA participants as an alternative to the youth tournament. Opening Ceremonies — As the opening ceremonies venue, there will be an official team procession at Pirate Stadium on Saturday, April 21. In addition, there is a proposed post-event concert and fireworks. Zen will provide the entertainment and the City is being asked to provide the stage and fireworks show. With details still being finalized, City staff have put together the following preliminary budget: Game Day(WISD facilities, team hospitality, VIP area, etc.) $ 6,000 Team Tour/Lunch $ 1,500 VIP Dinner $ 2,500 Stage/Fireworks $ 10,000 Founders Park(staffing, field maintenance, etc.) $ 2,000 Promotional (tickets printing, flyers/posters, foreign gifts, etc.) $ 2,000 TOTAL $ 24,000 There is the opportunity for the City to generate revenue, such as ticket sales and sponsorships, which will offset the majority of costs for this event. If approved, City staff will present budget amendments relating to this event prior to the event date. Approved By Initial Date Department Director MW 1/16/07 City Manager 1"\fl `'i� 'o7 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 1-23-07 Item Number: 6 Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 1-15-07 Budgeted Amount: Exhibits: 1 Subject Present and place on file the Wylie Economic Development Corporation Annual Report. Recommendation Accept and place on file the 2007 Wylie Economic Development Corporation Annual Report. Discussion As per the WEDC By-laws, each year by January 31st, the WEDC must present to the Wylie City Council its Annual Report. The Report is attached for your review. Approved By Initial Date Department Director l—/3-ET7 City Manager MP 1 /- Page 1 of 1 Wylie Economic Development Corporation Annual Report January 15, 2007 Financial Condition The Wylie Economic Development Corporation (WEDC) made significant strides in its financial reporting and accountability this past fiscal year. In addition to the creation of a Financial Standards & Accountability Policy, WEDC staff and Board Members have been working to create clear and concise financial statements. Based upon an independent audit performed in March 2006 which questioned WEDC accounting practices, the WEDC Board is vigilant in their effort to maintain accurate financial statements. Aiding in that process is a much improved line of communication between the City of Wylie Finance Department and WEDC Staff. Any significant financial event incurred by the WEDC is communicated to Finance in a timely manner and properly classified on the WEDC Balance Sheet. For the sixth consecutive calendar year, and nine out of the last ten, WEDC sales tax receipts have increased over prior year figures. Up 19% over 2005, 2006 sales tax receipts reached $1,056,238. As well, through the first two months of the current fiscal year, sales tax receipts are up 13.23%. With no significant retail project being attributed to this growth, staff believes these increases are spurred by the regional growth from the surrounding areas of Lavon, Copeville, Nevada, and Farmersville. Of the $1,098,726 in sales tax revenue (on an accrual basis), the WEDC expended $225,691 (21%) on grants and infrastructure assistance, $509,278 (46%) on the purchase of real property, $227,490 (21%) on administration, $51,383 (5%) on marketing and promotion, and $199,689 (18%) on debt service. The WEDC also has $27,018 in income from the lease of two facilities on Industrial Court and one facility on Cooper Drive. Redevelopment The WEDC continues in its effort to impact redevelopment in certain area of the community. With 3 lots (1.43 acres) acquired on Cooper Drive and 0.92 acres acquired on Industrial Court, the WEDC Board of Directors continue to accumulate properties which can transitioned from industrial to a more aesthetically pleasing commercial/retail use. Only the property on Industrial court has any debt associated with its purchase. As well, the WEDC leases three facilities located on the above properties to offset purchase and debt service. In conjunction with City staff, the WEDC proposes the acquisition of 4 acres located on F.M. 544. Previously owned and operated by Chemical Recycling, Inc., the site is classified as a Superfund property by the EPA. While many of the details are yet to be finalized, the deteriorated state of this site is impetus enough for all taxing entities and the WEDC to take any steps possible to clean the site up and get it back on the tax roles. Retail Activity The WEDC believes 2007 will see additional capital investment in retail development in at least two key retail areas. With development of strip centers at the southwest and northeast corners of Spring Creek, the Wal Mart anchored intersection will provide increased retail opportunities for an underserved population. This increased strip center activity hopefully will be a catalyst for pad/restaurant development in the area. Also, staff believes that negotiations for a sit-down restaurant will be finalized at the northeast corner of Westgate and F.M. 544. The 26.4 acres surrounding the pad is gaining the attention of box-anchored developers. The obvious draw is the existing retail activity at 544 and Westgate. However, staff believes that the average per square foot cost will be a deterrent to the development of this site for the foreseeable future. The WEDC continues to be in discussions with Don Herzog regarding the 68-acre retail site located at the southeastern corner of McCreary and F.M. 544. Until there is a plan in place for the construction of a bridge over Maxwell Creek, the site will continue to face challenges due to the inadequate north/south access. As the Wylie City Council considers priorities for the next County bond issue, the Maxwell Creek bridge and potentially certain northern portions of McCreary should be considered. The WEDC and City staff continues to work with Greenway Development to assist in the clean-up of a 15-acre tract south of Tractor Supply. The WEDC will begin to play a greater role in retail development by utilizing a sales tax rebate program. The WEDC can now rebate sales tax generated from a site tying it back to infrastructure improvements made (i.e. utilities, parking, lighting, etc.). Because of the existing competitive environment for new retail development by Firewheel, Sachse, and Murphy, the Wylie community must utilize all existing tools to encourage capital investment in Wylie. Furthermore, if Wylie leadership wants to ensure that those capital dollars are spent in Wylie during the current expansion cycle, the use of incentives must be considered and utilized. Industrial Activity In March of 2007, the WEDC will break ground on the expansion and improvement to Martinez Lane. From a 28-foot asphalt design to 36-foot concrete with curb and gutter, the reconstruction of Martinez will greatly enhance the WEDC's ability to attract companies to the WEDC 25-acre Premier South Business Park. The WEDC only completed two industrial projects this past year. SawTech Corporation will complete its 8,000 square foot facility in March of this year. Relocating offices from Garland, SawTech will be bringing 8 employees and committing to an increased valuation of $1,025,000. The financial package negotiated is valued at $74,415 and is payable over a three year period should SawTech meet their minimum commitments. To begin construction in the second quarter of 2007, JTM Technologies will be relocating from their local facilities into a 20,050 square foot facility within Premier South Business Park. With construction costs estimated at $1.2 million, JTM is consolidating four facilities currently occupied in Wylie. Staff has been working with JTM for approximately 18 months on this project. The WEDC will be selling 2.01 acres to JTM which will front Martinez adjacent to the Holland U.S.A. facility. With a contract price of $197,000, the WEDC will retain a note for $166,850. The note will be eligible for forgiveness should JTM meet their minimum commitments. The WEDC will continue marketing the remaining Premier South property for industrial development. There is a 95,000 square foot user which the WEDC continues to negotiate with to occupy 13 acres of Premier South. While negotiations have stalled somewhat, staff continues to pursue this project vigorously. While many small users (20,000 — 30,000 square feet) will be more than acceptable to the WEDC, single users of significant size are a more efficient use of a finite amount of land. The WEDC project history for industrial development since 1996 is at 967,905 square feet. Hopefully in 2007, the WEDC can celebrate its millionth square foot. In conclusion, as the Strategic Planning process formally begins on January 18, 2007, the WEDC will have more defined goals and objectives with which to gauge its success for the 2008 Annual Report. Within the Plan however will remain the current focus of promoting Premier South, impacting redevelopment of dilapidated industrial properties, and the WEDC taking a greater role in the marketing of and financial assistance to retail development. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 23, 2007 Item Number: 1 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: 1/15/07 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, approval Resolution No. 2007-07(R) of the City Council of the City of Wylie, Texas, determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Hensley Lane paving project; establishing procedures for the acquisition,by purchase or condemnation, of property. Recommendation Motion to approve Resolution No. 2007-07(R) of the City Council of the City of Wylie, Texas, determining a public necessity to acquire,by purchase or condemnation,property for the Hensley Lane paving project. Discussion The subject property is approximately 17 acres of land located along Hensley Lane adjacent to Founders Park. The property is necessary for the expansion of the park and for the future realignment of Hensley Lane. The City received a grant from Collin County in the amount of$163,000 for the purchase of the park property. The City's right of way agent has been in contact with the property owner and he is recommending that the City make a final offer. The attached resolution authorizes the City Manager to proceed with the purchase and authorize condemnation if necessary. Approved By Initial Date Department Director CH 1/15/07 City Manager / l l(� /o7 Page 1 of 1 RESOLUTION NO. 2007-07(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE, BY PURCHASE OR CONDEMNATION, CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTY FOR THE ALANIS DRIVE PAVING PROJECT; ESTABLISHING PROCEDURES FOR THE ACQUISITION, BY PURCHASE OR CONDEMNATION, OF PROPERTY. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, by purchase or condemnation, of 17 acres situated in the I. Clifton Survey, Abstract No. 0193, Tract 7, and it is the City of Wylie, Texas' ("Wylie") intention to acquire, by purchase or condemnation, 17 acres situated in the I. Clifton Survey, Abstract No. 0193, Tract 7, (the"Property") as part of the Hensley Lane Project of Wylie for the purposes of paving and drainage improvements and park land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: The City Council hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, by purchase or condemnation, of the Property and it is Wylie's intention to acquire, by purchase or condemnation, the Property as part of the Hensley Lane Project of Wylie for the purposes of paving and drainage improvements and park land. SECTION 2: The City Manager is hereby authorized to contract, on behalf of Wylie, with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with acquisition, by purchase or condemnation, of the Property for the Hensley Lane Project. SECTION 3: After consideration of said recommendation, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of the Property. SECTION 4: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition, the City Manager is authorized to communicate a written offer to the owner of said Property for acquisition of said Property at the full amount determined and established to be just compensation therefore, and to negotiate with said owner on behalf of Wylie. SECTION 5: That the City Manager be and is hereby authorized to execute all documents necessary to acquire the Property needed for said project, on behalf of Wylie. SECTION 6: Should the City Manager be unable to acquire the Property by purchasing the same, the City Manager is authorized to instruct the City Attorney's Office to commence condemnation proceedings for the acquisition of the Property. Resolution No.2007-07(R) Acquisition of Property-Alanis Drive Paving Project SECTION 7: That this resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 23rd day of January, 2007. JOHN MONDY,MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE EHRLICH City Secretary APPROVED AS TO FORM: ABERNATHY, ROEDER,BOYD &JOPLIN, P.C. RICHARD M. ABERNATHY City Attorney Resolution No.2007-07(R) Acquisition of Property-Alanis Drive Paving Project