The URL can be used to link to this page

09-13-2011 (City Council) Agenda Packet Wylie City Council CITY OF WY LIE NOTICE OF MEETING Regular Meeting Agenda September 13, 2011 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Building #100 Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Proclamation Emergency Preparedness Month 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. September 13,2011 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 of the August 23, 2011 Regular Meeting and the Minutes of the Special Called Work Session on August 30, 2011 of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the City Manager to execute an Encroachment on Easement agreement with Atmos Energy Corporation to install, construct, reconstruct, operate, repair, replace, relocate, remove and/or maintain paved parking, driveways and related facilities within an Atmos easement located in Community Park. (M. Sierra, Public Services Director) C. Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, long term disability and prescription drug coverage. (L. Fagerstrom, HR Manager) RECESS CITY COUNCIL CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION 1. Consider, and act upon, approval of the Minutes from the September 14, 2010 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) 2. Consider, and act upon, approval of the FY 2011-2012 4B Budget and authorize expenditures for the FY 2011-2012 Community Services Facilities Capital Improvement Plan. (L. Bantz, Finance Director) ADJOURN RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL September 13,2011 Wylie City Council Regular Meeting Agenda Page 3 of 5 REGULAR AGENDA General Business 1. Consider, and act upon, approving the property tax increase reflected in the budget. (L. Bantz, Finance Director) Executive Summary The tax rate needed to fund the FY 2011-2012 budget is $0.89890 per $100 of assessed valuation. Although this is the same tax rate as in FY 2010-2011,there will be a small increase in tax revenue the City receives due to new property that was added to the tax roll and a slight increase in the total property assessed valuation. Section 26.05 of the Texas Property Tax Code requires the governing body to hold a separate vote to ratify this property tax increase that is reflected in the budget. 2. Consider, and act upon, Ordinance No. 2011-18 adopting a budget and appropriating resources for Fiscal Year 2011-2012, beginning October 1, 2011, and ending September 30, 2012. (L. Bantz, Finance Director) Executive Summary The tax rate being proposed for Fiscal Year 2011-2012 is$0.8989 per$100 of assessed valuation. 3. Consider, and act upon, Ordinance No. 2011-19 fixing the tax rate/levy for Tax Year 2011 and Budget Year FY 2011-2012 at $0.89890 per $100 of assessed valuation. (L. Bantz, Finance Director) Executive Summary The tax rate needed to fund the FY 2011-2012 budget is$0.89890 per$100 of assessed valuation. The tax rate is broken down with$0.600153 being used for operations and maintenance and$0.298747 being used to fund the General Debt Service Fund. This tax ordinance will generate levies of$13,417,600 for the General Fund and$6,679,076 for the I& S Fund. The adopted Fiscal Year 2011-2012 budget requires the support of this ordinance for funding. 4. Consider, and act upon, the acceptance of the resignation of Brandi LaFleur, Board Member for the Parks and Recreation Board and the appointment of a new member to the Parks and Recreation Board for the unexpired term of July 2011 to July 2013. (Robert Diaz, Parks &Recreation Supervisor) Executive Summary Staff is requesting the appointment of a new Parks and Recreation Board member to replace Brandi LaFleur,who is resigning due to work obligations. 5. Consider, and act upon, the acceptance of the resignation of Thomas Gaudreau, Board Member for the Public Art Advisory Board and the appointment of a new member for the unexpired term of July 2011 to July 2013. (C. Ehrlich, City Secretary) Executive Summary Thomas Gaudreau has faithfully served as a member of the Public Arts Advisory Board since July of 2009. He has recently taken a school district administrator job out of state and is no longer able to serve. September 13,2011 Wylie City Council Regular Meeting Agenda Page 4 of 5 6. Consider, and act upon, the acceptance of the resignation of Polly Harrison, Board Member for the Public Arts Advisory Board and the appointment of a new member for the unexpired term of July 2010 to July 2012. (C. Ehrlich, City Secretary) Executive Summary Polly Harrison has served faithfully as a member of the Public Arts Advisory Board since its inception in July of 2006. Polly has recently relocated out of the City limits. Staff is requesting council to accept the resignation of Polly Harrison and appoint a new member for her unexpired term of July 2010 to July 2012. 7. Consider, and act upon, awarding a construction contract in the amount of $286,043.00 to Texas Dirt Contractors for the Sanitary Sewer Retrofit Project - Holiday Terrace and Rush Creek Subdivisions. (M. Sferra, Public Services Director) Executive Summary Funds were approved in the FY10-11 Sanitary Sewer Repair and Replacement fund for the replacement of a deteriorated line in the Holiday Terrace subdivision and an undersized line in the Rush Creek subdivision. 8. Consider, and act upon authorizing the City Manager to execute a construction contract in the amount of $343,121.00 to Musco Sports Lighting, LLC for the installation of sports lighting as part of the 2011 Community Park Improvements Project. (M. Sferra, Public Services Director) Executive Summary As part of the improvements to Community Park, athletic field lighting for baseball will be installed. The sports lighting components are provided by Musco Sports Lighting,LLC, an industry leader in this type of equipment. All equipment including installation costs are available through Buy Board, and therefore they have already been subject to the competitive bidding process. The City already has existing Musco sports lighting at the developed part of Founders Park, and it has proven to be extremely reliable and trouble free for the past ten years. Additional Musco lighting was installed with the recent improvements at Founders Park. 9. Consider and act upon approval Ordinance No. 2011-20 amending Subsection B (Water Rates) and Subsection C (Sewage Collection and Treatment Rates) of Section 1 (Water and Sewer Fees) of the Wylie Comprehensive Fee Schedule. (C. Holsted, City Engineer) Executive Summary On December 14, 2010 Council held a work session to discuss the water and sewer rate study prepared by McLain Decision Support Systems. The study incorporates the water and sewer capital improvements plan (CIP), outstanding debt service, the proposed wholesale water rate increases from the North Texas Municipal Water District, the transfer to the general fund, and the expansion of the Public Works Service Center. The report was updated in June, 2011 based on information contained in the Indirect Cost Study which identified personnel expenses attributable to the utility fund. September 13,2011 Wylie City Council Regular Meeting Agenda Page 5 of 5 EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.087—Economic Development Negotiations • Deliberate regarding commercial or financial information that the City has received from PMRG and to deliberate the offer of incentives to PMRG. • Deliberate regarding commercial or financial information that the City has received from B&B and to deliberate the offer of incentives to B&B. • Deliberate regarding commercial or financial information that the City has received from Clark Street and to deliberate the offer of incentives to Clark Street. ADJOURNMENT CERTIFICATION I certify that this Notice ofMeeting was posted on this 9th day of September, 2011 at 5:00p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wvlietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed _14(11 Wylie City Council CITY OF WY LIE Minutes Wylie City Council Meeting Tuesday, August 23, 2011 - 6:00 p.m. Wylie Municipal Complex - Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Council members present included: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilwoman Diane Culver, Councilman David Goss, Councilman Rick White, and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; Police Chief, John Duscio; Finance Director, Linda Bantz; Public Services Director, Mike Sferra; Library Director, Rachel Orozco; City Engineer, Chris Hoisted; Wylie Economic Development Director, Sam Satterwhite; Building Official, Mike McAnnally; Planning Director, Renae' 011ie; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Corbin gave the Invocation and Councilwoman Culver led the Pledge of Allegiance. PRESENTATION • Proclamation 9/11: Ten Year Anniversary Recognition. Mayor Hogue, Fire Chief Corbin and public safety staff read a proclamation in memory of 9/11. Fire Chief Corbin asked everyone "not to forget" those that lost their lives in this tragic event and those that assisted with the recovery efforts. • Presentation of a certificate from the Mayor to participants of the Wylie Flyers Summer Track program who qualified for the summer 2011 Texas Amateur Athletic Federation State Track Meet. Mayor Hogue and Recreation Superintendent Robert Diaz presented the Wylie Flyers Summer Track team and recognized students that received medals at the regional, state, and national level. Minutes August 23, 2011 Wylie City Council Page 1 • Presentation to WFR of the Wylie Fire Bell by Wylie Cares. Wylie Cares representatives presented Chief Corbin and the WFR with an official Fire Bell donated by the organization. Fire Chief Corbin and WFR staff was present to accept the bell. Members of the Wylie Cares group which is part of the community outreach by Keller Williams Realty were: Kathy Spillyards, Lynn Grimes, and Ann Hall. 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. Matthew Butschek, residing at 1755 FM 1378, addressed Council with observations regarding the re-design of FM 1378. Dianne Lockridge, residing at 520 Highland Ridge Dr., Wylie, addressed Council thanking them and staff for the installation of the flags at the entrance of the Municipal Complex and complimenting the Police, Fire and Public Works departments for their assistance on several occasions at her home. Former Wylie Mayor William Martin addressed Council reporting on the results of the "Elvis" Event and thanking Mayor Hogue for his participation in the auction. He noted his appreciation to City staff and especially Mindy Manson for her work on the proposed budget. He asked the Council to work together in approving the final budget for the coming year. 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 of the August 9, 2011 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the Monthly Revenue and Expense Report for the City of Wylie as of July 31,2011. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for July 31, 2011. (L. Bantz, Finance Director) D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of July 31, 2011. (S. Satterwhite, Executive Director, WEDC) E. Consider, and act upon, approval of a Preliminary Plat for Aaron Davis Addition, creating a single lot of record on 4.390 acres. The property is generally located south Minutes August 23, 2011 Wylie City Council Page 2 of Parker Road and approximately 950' west of Country Club Road. (R. 011ie, Planning Director) F. Consider, and act upon, approval of a Final Plat for Torres Addition, Block A, Lot 1 on one residential lot on two acres, located at 910 Hensley Lane, south of Hensley Lane and approximately 1,872 feet west of Sanden Boulevard. (R. 011ie, Planning Director) Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing on the fiscal year 2011-2012 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item in the proposed budget; and set and announce the date, time and place of the meeting at which Council will vote on the final proposed budget. (L. Bantz, Finance Director) Public Hearinci Mayor Hogue opened the public hearing on the proposed budget for fiscal year 2011-2012 asking anyone present who wished to address Council to come forward and keep their comments to three minutes. Cherie Wilkinson, Dianne Lockridcie, Pamela Encistrom and Matthew Butschek addressed Council speaking against the 2% lump sum payment to City employees within the proposed budget. Grace Morrison, Jerri Smith and Alicia White addressed Council speaking in favor of the 2% lump sum payment to City employees within the proposed budget. With no one else present to address the Council, Mayor Hogue closed the public hearing. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to set September 13, 2011 at 6:00 p.m. in the Wylie City Council Chambers, 300 Country Club Rd., Bldg. 100, Wylie, Texas as the date, time and place of the meeting at which the Wylie City Council will vote on the final proposed budget. A vote was taken and the motion passed 7-0. Minutes August 23, 2011 Wylie City Council Page 3 General Business 2. Consider and act upon, the acceptance of the resignation of Brian Parten, appointment of an alternate member to his position for the remaining term from August 15, 2011 — July 2012, and the appointment of a new alternate for the remaining term from August 15, 2011 —July 2013. (M. McAnnally, Building Official) Staff Comments Building official McAnnally reported that Brian Parten had moved from the City. He recommended that David Williams, currently an alternate, be moved to a full member position to replace Mr. Parten and recommended the appointment of Bobby Heath as an alternate to take Mr. Williams unexpired position. He noted that Brian Parten was appointed to the Construction Code Board in July 2008 and has served very faithfully. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Jones to accept the resignation of Brian Parten and appoint David Williams (currently an alternate) to fill the unexpired term of August 15, 2011 — July 2012, and appoint Bobby Heath to replace David Williams as an alternate on the Wylie Construction Code Board for a term of August 15, 2011 to July 1, 2013. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, authorizing the Mayor to sign an amendment to Exhibit C of the Solid Waste contract between the City of Wylie and Community Waste Disposal (CWD); adding biannual Clean Up Green Up event services and increasing the residential solid waste rates by $.15 cents per month, and amending the date for rate adjustments from September 1st to March 1st. (M Manson, City Manager) Staff Comments Assistant City Manager Butters addressed council explaining at the July 12th City Council meeting council directed staff to add services to the solid waste contract including two events per year in which our solid waste provider would collect household hazardous waste, tires, electronics, metal appliances, and conduct paper shredding at an additional cost of$.15 per household per month. This contract amendment adds the Clean Up Green Up events and moves the date of annual rate review to March 1, 2012 so that any solid waste rate adjustments and corresponding revenue/expense impacts can be anticipated prior to budget preparation for the following budget year. Butters noted that during the March review the solid waste fee changes including the Clean Up Green Up would be considered. Council Action A motion was made by Councilman White, seconded by Councilwoman Culver to authorize the mayor to sign an amendment to Exhibit C of the Solid Waste contract between the City of Wylie and Community Waste Disposal (CWD); adding biannual Clean Up Green Up event services and increasing the residential solid waste rates by $.15 cents per month, and amending the date for rate adjustments from September 1St to March 1St of each year. A vote was taken and the motion passed 7-0. Minutes August 23, 2011 Wylie City Council Page 4 WORK SESSION • Presentation of Options to Hold the City of Wylie General Election pursuant to S.B. 100. City Secretary Ehrlich addressed Council stating that Senate Bill 100 was passed by the Texas State Legislature in 2011 to conform to the implementation of the Federal Move Act. (Military and Overseas Voter Enhancement Act). She explained that federal law now required that ballots to troops overseas be sent at least 45 days before a Federal or state election. This in turn required the Texas State Legislature to either move their primary election date back to a later date or move the candidate filing period deadline to a sooner date. Texas had concerns with moving the primary election to a later date so instead passed SB 100 which will keep the Texas Primary election date the same but change all the other dates, including moving the candidate filing deadline to an earlier date and moving a primary runoff election to a later date. Ehrlich noted moving the primary runoff date conflicts with local elections as there is only a two day window between the May 12th local election date and the May 14th beginning of early voting for the runoff elections in even numbered years. Ehrlich gave options presented within the bill for local governments. She explained that the City could contract with either Rockwall or Collin County for full service for all three counties within the City; hold their own elections; move elections to November, or change terms to 2 or 4 year terms holding elections in odd number years only. This will allow the cost of contracting with the county to remain the same as there are no presidential or gubernatorial races in odd numbered years and the county would have the equipment available to hold local elections at the same cost. Ehrlich reported that Rockwall County had submitted the lowest cost for the even numbered year elections ($9,357), however they would not be able to hold it jointly with the WISD due to boundary issues. Collin County Election Administration had submitted a cost of $25,756. To hold the election in even numbered years adding they were looking at other vendors to purchase voting machines at a lesser cost. Ehrlich noted that the cost from CCEA would go back to under $10,000 once the machines were purchased by each voting entity. CCEA was requiring that each entity pick up the cost of the additional machines and all programming in even numbered years starting in 2012. The cost to hold the election in-house was estimated to cost $46,810 in the first year but could be split with WISD if the school district chose to go with the same option. Future elections under this scenario would run approximately $15,000. Ehrlich explained that the other options available were to move the local elections to November or conduct a Home Rule Charter election to change terms and hold elections only in odd numbered years with 2 or 4 year terms. The City currently holds 3 year terms and holds elections annually. Direction from Council was to wait for final numbers from Collin County Elections Administration and report back to Council to make a determination between holding elections annually in May or November of each calendar year and continue with three year terms. Minutes August 23, 2011 Wylie City Council Page 5 • Engineering Department Overview. Mayor Hogue announced that due to time, the Engineering Department Overview would be presented at a later date. • FY 2011-12 Budget Discussion, Station 4/Quints and other related debt. Mayor Hogue opened the work session for the FY 2011-12 Budget discussion and Station 4/Quint and asked Council if they had any questions or comments. Councilwoman Culver asked what the current fund balance percentage was with the proposed budget. City Manager Manson explained that the current fund balance was 32% and with inclusions in the proposed FY 2011/12 budget the fund balance would be at 27%; noting this was a very healthy fund balance. Councilwoman Culver asked if the fund balance was healthy, why large purchases were being financed rather than paying for them. She noted that in her opinion the valuations for ad valorem tax and sales tax would more than likely not increase over the next few budget cycles. She voiced her concern with regard to not keeping more in the fund balance and using funds only to purchase necessary equipment. Councilwoman Culver noted that she was not in favor of giving employees any increase and only spending funds for"needs" not"wants". Mayor Pro Tem Byboth stated he felt the efforts to put the proposed budget together were excellent. He thanked City Manager Manson and her staff for preparing the budget. He stated that in downsizing his business he held on to some very talented and loyal employees. He stated that "something as simple as taking care of your people has turned into the eyesore of this budget; and we have to deal with this". He explained that in business, customer satisfaction is paramount and the employees are who make this happen. He thanked Mindy and the staff for their efforts to keep employees motivated and appreciated. He stated that over the past two years employees have seen a pay reduction of 6% due to increases in health insurance. He added, the tax rate was scheduled to be $.94 cents this year but the City staff had assisted in keeping the tax rate level at $.8989 over the past three years due to budget reductions within individual departments. Mayor Pro Tem Byboth suggested a 2% annual salary increase in lieu of the 2% lump sum payment. Byboth noted his concern with employee turnover. He explained that conservative planning by staff had insured that the fund balance stayed healthy over the past several years. Councilman Jones commented that statements about if the lump sum was not given that employees would leave bothered him. Jones explained that at the last meeting he was in favor of the lump sum but now felt needs should be considered over wants and was against the lump sum based on the needs for the coming year. He stated that he appreciated the employees and what they have done with less but he did not believe staff would leave if the lump sum was not approved. Councilman White stated that after the restructure of the step plan several years ago, employees were making comparable wages to other cities in the area. He stated that now after three years of not increasing salaries within that step plan, he believed a lump sum payment for employees should be given to stay comparable to neighboring cities. Councilwoman Spillyards stated that she would like to go on record as agreeing with Mayor Pro Tem Byboth and Councilman White in regard to an employee increase. She explained that in Minutes August 23, 2011 Wylie City Council Page 6 the past Wylie had become a "training ground" for other cities. She stated that at some point the council needed to take steps to not become that training ground again. She noted that staff over the past three years had done more with less while still providing the same services. She explained that the small lump sum would show a positive message of appreciation to all employees. Councilman Goss stated that employees deserve an increase; however, if the Council was going to give employees an increase, that should be given in the form of resources in people and supplies to do their job in our growing community. This approach would decrease employee workload, increasing their standards at work and quality of life. He noted that in this approach funds would not be spent by a city entity and given to an individual. That way you have funds not leaving as bonuses or leaving from the "rainy day funds". Mayor Hogue addressed the Council stating that what he did know is that City staff is what makes the Council's job easier. He stated that when the voters approved the new buildings these employees were the folks that moved themselves into the new buildings. They are the people that train new people to do their jobs; these are the people that serve our citizens. He stated that he understood that the City needed a new quint but the City also needed people that can drive that quint. These employees have cut their department budgets while hiring new employees to serve in the new buildings, employees are doing more for less. Mayor Hogue explained that yes the Council was debating the 2% lump sum but the employees are giving up the sick leave buy back of more than $100,000 in the general fund and more in the utility fund while the city is increasing insurance costs by 9% to employees. Our greatest resource is our employees. We need to continue with the recommendations proposed in this budget. Councilwoman Culver asked why Council was not giving a tax decrease in lieu of a lump sum raise. Mayor Pro Tem Byboth asked "haven't we done that by not raising the taxes over the past two years as forecasted with the bonds passed"? Councilwoman Spillyards stated that she would like to see the employee increase come out of the general fund balance. Councilman Jones concurred. City Manager Manson stated that she wanted clarification regarding the targeted percentage for the fund balance. She explained that the fund balance was increased several years ago knowing that these last couple of years would have the most impact on the budget with the opening of the new buildings. She explained that the fund balance was driven by a long term forecast of what would be needed in the future. She asked if a 20-25% fund balance is not acceptable, what is. She explained that there was an estimated $450,000 remaining balance from the current budget that was set to be put in the fund balance at the end of this year. She explained that this is how the fund balance is driven. Manson stated that City staff was the City's best asset. At the end of the day the proposal is for $240,000 for the lump sum; is the issue the percentage to be held in the fund balance or is it an issue of what the funding will be spent for. She asked for direction from council regarding the current financial policy and what percentage should be held in the fund balance. Direction from Council to Manson was to research options for giving an employee increase step or lump sum through the general budget rather than the fund balance. Council and staff will call another work session on the budget in the next two weeks. Minutes August 23, 2011 Wylie City Council Page 7 ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilman White to adjourn the meeting at 10:15 p.m. A vote was taken and the motion passed 6-0 with Mayor Pro Tem Byboth absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes August 23, 2011 Wylie City Council Page 8 Wylie City Council CITY OF WY LIE Minutes Wylie City Council Special Called Meeting Tuesday, August 30, 2011 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Council members present included: Councilwoman Kathy Spillyards, Councilwoman Diane Culver, Councilman Rick White, Councilman David Goss, and Councilman Bennie Jones. Mayor Pro Tem Red Byboth was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; Police Chief, John Duscio; Finance Director, Linda Bantz; Public Services Director, Mike Sferra; Library Director, Rachel Orozco; City Engineer, Chris Hoisted; Wylie Economic Development Director, Sam Satterwhite; Building Official, Mike McAnnally; Planning Director, Renae' 011ie; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Pastor Keith Spurgin of the New Hope Christian Church led the invocation and Shift Commander Brent Parker led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Keith Spurgin of the New Hope Christian Church invited those in attendance and the Wylie City Council to the Backyard Bash to be held September 4, 2011 at the church. Matthew Butschek, residing at 1755 FM 1378, addressed Council stating that he was pleased funding was found to fund additional items in the budget. Geraldine Washington, residing at 621 Stoneybrook Dr., addressed Council stating that she was thankful to leaders for leading us through a very tough time. Minutes August 30, 2011 Wylie City Council Special Called Work Session Page 1 Warner Washington, residing at 621 Stoneybrook Dr., addressed Council thanking the wonderful leadership shown by the City and its public officials. Mayor Hogue convened into Work Session stated that staff needed some consensus of direction from Council tonight in order to bring the budget back at the September 13, 2011 meeting for a final vote. WORK SESSION • FY 2011-12 Budget Discussion City Manager Manson addressed Council stating that she was given direction at the last Council meeting to go back and look at the budget to see if a 2% lump sum or COLA could be met without taking the funding out of the fund balance. She reported there were funds available in the non-departmental contingency fund that could be used to fund the 2% increase. She noted that this fund is kept to take care of all departmental emergency items that come up during the budget year that are not funded through other sources. She explained that as budget projections were lowered for the employee insurance from a 15% increase to a 9% increase leaving additional funding of $150,000 and additional funding from the slight increase in final property values over what was originally estimated, there were additional funds available to be used for the 2% lump sum or salary adjustment. Manson explained the only negative of taking it from the contingency non-departmental fund was that typically funds not used for allocations would be moved to the fund balance at the end of next year to help grow the fund balance. She also noted that if an emergency came up during the year that could not be funded through the non-departmental line item, it would be brought to Council. Manson explained if the funding for the 2% lump sum increase was not taken from the fund balance but rather from the general fund, the fund balance would be 28% rather than 27%. She strongly suggested that the 2% lump sum be used in lieu of a suggested 2% salary increase or COLA because of the continued funding year after year. She noted that sales tax revenue is projected to be greater this year and expectations are that more commercial property tax revenue will come in the years ahead. If that is the case, raises can be discussed in future budgets. Councilman Goss asked if a new long range forecast could be completed to adjust figures to better focus on the economic downturn and larger purchases for future years. City Manger Manson stated that it was difficult to go out 20 years as projected in the current long range plan, especially in regard to revenues. She stated that staff could certainly present Council with a shorter 3-5 year plan in the near future. Mayor Pro Tem Byboth and Councilman White commended City Manager Manson for her conservative approach to the budgets over the past few years and the ability during that time to build the fund balance in anticipation of an economic downturn. Councilman Goss thanked City Manager Manson for her transparency in developing and presenting this year's budget. Mayor Hogue, Mayor Pro Tem Byboth, Councilman White, and Minutes August 30, 2011 Wylie City Council Special Called Work Session Page 2 Councilwoman Spillyards complemented staff and thanked them for their dedication and hard work. Mayor Hogue cautioned Council members that the final proposed budget would be brought before council on September 13th for final approval. He asked council members for direction regarding changes to the budget prior to the presentation at the September 13th City Council meeting. Direction from council was to continue inclusion of the 2% lump sum payment to employees in the 2011/2012 proposed budget allocated from the general fund. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilwoman Culver, seconded by Councilman White to adjourn the meeting at 6:50 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes August 30, 2011 Wylie City Council Special Called Work Session Page 3 Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: September 13, 2011 Item Number: B. Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: August 18, 2011 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, authorizing the City Manager to execute an Encroachment on Easement agreement with Atmos Energy Corporation to install, construct, reconstruct, operate, repair, replace, relocate, remove and/or maintain paved parking, driveways and related facilities within an Atmos easement located in Community Park. Recommendation Motion to approve authorizing the City Manger to execute an Encroachment on Easement agreement with Atmos Energy Corporation to install, construct, reconstruct, operate, repair, replace, relocate, remove and/or maintain paved parking, driveways and related facilities within an Atmos easement located in Community Park. Discussion Early stages of construction are in progress at Community Park. This park is bisected by an Atmos Energy Corporation easement (buried pipeline), and portions of the new, concrete, hike and bike trail will be located within the easement. Atmos will allow the City to construct the improvements within their easement upon execution of the Encroachment on Easement Agreement. The City Attorney has reviewed the proposed agreement and suggested revisions. Those revisions are acceptable to Atmos and are included in the proposed agreement. A similar agreement was executed in 2008 to allow for construction of improvements in Founders Park within an Atmos easement. Approved By Initial Date Department Director MS 08/18/2011 City Manager 9/9/11 Page 1 of 1 ENCROACHMENT ON EASEMENT August 17, 2011 Re: Line D17-4/25 via email to Teague Nall & Perkins Community Park Wylie, Collin County, Texas Mr. Michael Sferra, Public Services Dir. City of Wylie 949 Hensley Lane Wylie, TX 75098 Mr. Sferra: The City of Wylie, a Texas Municipal Corporation, located in Collin , Dallas and Rockwall Counties (hereinafter referred to as User) has requested permission to install, construct, reconstruct, operate, repair, replace, relocate, remove and/or maintain a trail and roadway crossings and related facilities, whether City and/or franchise (the "City Infrastructure"), over the Atmos Energy Corporation, a Texas Corporation ("Atmos"), successor to ENSERCH Corporation, easement recorded in Volume 1256, Page 715, Deed Records of Collin County, Texas (the "Easement"). Atmos is agreeable to the installation, construction, reconstruction, operation, repair, replacement, relocation, removal and/or maintenance of the said crossings and related facilities, hereinafter referred to as the "Encroaching Facility", if the Encroaching Facility is located and described as shown on the attached drawing, marked Exhibit "A" and incorporated herein, and subject to the following terms and conditions: 1. It is understood and agreed that Atmos holds easement rights on the property involved; therefore, User will be required to obtain whatever rights and permission, other than Atmos', which are necessary. This letter agreement shall extend to and be binding upon User and its heirs, successors, and assigns, and is not to be interpreted as a waiver of any rights held by Atmos under its easement. 2. USER, TO THE EXTENT ALLOWABLE BY LAW, AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS ATMOS, ITS OFFICERS, AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSS, DAMAGE, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT OR SUFFERED BY ANY PERSON OR PERSONS THAT MAY ARISE OUT OF, ENCROACHMENT ON EASEMENT Page 1 OR BE OCCASIONED BY, THE NEGLIGENCE, MISCONDUCT OR OMISSION OF USER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUBCONSULTANTS, OR ANY OTHER PERSON ENTERING ONTO THE ENCROACHING FACILITY OR MAY ARISE OUT OF OR BE OCCASIONED BY THE USE OF THE ENCROACHING FACILITY, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM ANY NEGLIGENCE OF ATMOS, ITS OFFICERS, AGENTS, OR EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH ATMOS AND USER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY OR OTHER DEFENSES AVAILABLE TO THE PARTIES UNDER TEXAS LAW. NOTHING CONTAINED HEREIN SHALL EVER BE CONSTRUED SO AS TO REQUIRE USER TO ASSESS, LEVY AND COLLECT ANY TAX TO FUND ITS OBLIGATIONS UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT NAY RIGHTS, CONTRACTUAL OR OTHERWISE TO ANY OTHER ENTITY OR THIRD PARTY. 3. Except as authorized herein, it is expressly understood and agreed that if the Encroaching Facility has Atmos facilities located thereon, User shall not place upon the Encroaching Facility, any improvements including but not limited to, buildings, light standards, fences, shrubs, trees or signs, unless approved in writing by Atmos. 4. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on the easement. 5. Atmos will not be responsible for any costs of construction, operation and maintenance of User's Encroaching Facility. It is further agreed that Atmos shall not be liable for any damage to the Encroaching Facility herein agreed to, as a result of Atmos' use pursuant to its Easement, provided such damage could not be reasonably foreseeable. Any Atmos property damaged or destroyed by User or its agents shall be repaired or replaced by Atmos at User's expense, provided such expense is reasonable and necessary, and payment is due within thirty (30) days of User's receipt of an invoice from Atmos. 6. It is understood and agreed that, in case of default by User or its agents in any of the terms and conditions herein stated and such default continues for a period of thirty (30) days after User receives written notification from Atmos of such default, Atmos may at its election forthwith terminate this agreement and upon such termination all of User's rights hereunder shall cease and come to an end. This agreement shall also terminate upon User's express, written abandonment of the Encroaching Facility. If the foregoing terms and conditions are acceptable to The City of Wylie, please have the original and a copy of this letter agreement signed and returned to me at: 5420 LBJ Frwy, 1 7tn Floor, Dallas, TX 75240, within 30 days for final approval by Atmos. This letter agreement shall be effective only after final approval by Atmos. ENCROACHMENT ON EASEMENT Page 2 Sincerely, David Cromer, Sr. Representative ---signature page to follow— ACCEPTED: The City of Wylie APPROVED: Atmos Energy Corporation By: By: Mindy Manson Jeffrey S. Knights Title: City Manager Title: Vice President Date: Date: STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Jeffrey S. Knights, Vice President of Atmos Energy Corporation, a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of A.D., 2011. Notary Public in and for the State of Texas My Commission Expires: Print Name: STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Mindy Manson, City Manager of The City of Wylie, a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated. ENCROACHMENT ON EASEMENT Page 3 GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of , A. D., 2011. Notary Public in and for the State of Texas My Commission Expires: Print Name: ENCROACHMENT ON EASEMENT Page 4 ------ —„- -- „----------„--- •.. , -. .. . .,,,,... . ....... ..., „,, „...„.„. @,.,._ .,,,,:, N;c:---,,,_-1 .,,.,._... ..r,ii..,,,:,,.,.... 7g, ' ..---- ', , z...... € - ". r --- ' '''.., .,— . I ''.,--' 1 1. ,•;-:;• •,.'', i.i „ •• [ ; # 0 • \:•••;;;„ ,, „ ;;;..i•; ; •;c: i 1;-;: 8-,FT WOE CONCRETE•--.: -.-.7, --• • .'---- TRAIL-4111THIN GAS ',, • "----• , - " EASEMENT-. ;,•,, „ •••;,,,, ;,,,,,,.,;,..• ; ;. I •\ 1 .;,, irj•••.. ---„•1 • .. .., .,<:,- -, . • , •• : ,„ .• • • 11„ .• , -N..„:.- ,•,. ,. ,„„.„..-„,, , ,•„•,, , „ • , •.„,„.• , ,„: „ „•„ s. . • , „ ,:,' ',„ - •,. , , .., •.„ ..• : . .••„ „, ,.... . .N,,,,,,,t,,,, -,, •?-, „ ...,„ . :., COOPER FIELD, •,,,,, ' .. . -1-:• _ . . , ?„•.,',W",, '',, .. ..— , , . • " . ,.„ ',... , .., -- ..... . .„. i - ,L , .. , • -----.,, .., ....... „,. 50 7'8700 EN-E80:-• . '•,•,„.: , , ' . , . , . .1 '•,'', .-—--. i 1 I MU -iii." ,• --' " :.„, ---,: X,. II. . A --.44. i. . , . 1 GAS EASE•-NT wilik ; ' Ai 1 II • . 1 II.• Mr. 4 •\ ,„„., , „.,.. - • .\• ,• ,, ... . 11 • , „ ma, )1E, • . ,„, „,.,„ 1„--„,„ , .„,..„, ,„ IS% 'AM . , • 7,!.. T: gam!origami . (--9' , PROPOSED RE TA.INC•-•--.,. , •.„•,:,,,-„.,,,,, ,::.- LIMO 0,0,411114. . WALL OUTSVE E'MT, •',,; -..„ ••,.. -.:',„'",„•`,, „ .ettp.4011441 l' . i .., „' '..:,.. ..,„.„ ....„..„'„''1'T11„1„.„„:„.„„„1„'. 7... . 6r.. -..„0. ......„.„..............„..,.„,,- - ____,. repT.1,.$141,01744, „„..-'-----/, - ,-----'---421r-- --•''''••••----- '''''' •%L'•14 '.•• ' i ' ar•AgiQ.'ii;q:411111L43-/.7; ••' •• ; : 11W11:•i.g.'04,,....„,,,.;;A•. .-..,.. 7', litem'Alk.UV-,--,'CA-V.PTIVMMIT11411.,... „ ____. 1011,10'.:;,•-•.;:.•'• . - .-_.•,• :._:: •I'.'1';•:-L•,.1.,..- '•''''''':•7•-:--TT•-':';':,;,-,-•::•- •-:, • •••••• r4MIENIC -''re .k. II&t t 0 4411• ,., mill* 0 A. .,_ ••• . • • :„, ''''''------• -- --- •,,',,,,,... .,. „ Milegiet, ;.411111111116.---4"- ihm ,41116111141- Mr: 1 . :: — ,t ....,.. 40" ipsamv Attuanziummokv----.,- ,., ' • ,....,,,* „9.. ,, • ,' . i6.0,_. .02.v0).Normsimicaramniagi.ill . - : . iliketTv,... 104misestailmniriiiiiiiii.1111111ww.., ,.., . :9 •, .,...,,,. ,,,,,,,,. ', . . ',..„.,_.....r. CION•iminpit,l,40,1178,.........* n.. . . ,ig '4111111111111.1.116...411" • ,•,,..„. -,,.•,,, „.„.,•:•-::„•::------••••;,1,-z•A4,A:::-,4%,w 1 pia-gm mai 4, - , -,,,,,..„,. ),,, riZ,Z,,.*:\'kN:.Z.-i,". 1111111”1111111: '„--/ ) 4 ..... :,.., ••,,•, •.,••..,.. ,, . • • .....„.. . . "•,• ,. .. ,,,, , , ••••„,,,.., „.„,„, • •: _ „.... . , . I 111•111 MEIMII! .i',, LIME At IM.111„....1 • 1,„. "III IV: 0 • . ..„,„. ., ,...„ , •- -,,„2,„„„, ,,,,,• ,..W. ••-- .=*.' • ..,,,,„--,-,.,. V.•,,,, , 1 :III: .::: •.,• ]::, . ,, ,, ,g E. • '-'' ' I :IN AdN.,4611.4: . 1 : ...'''-: 4-2 ' ,'' '.,.. ,, .., .,,',.. ,, .,.,„, , . ..111•11:1•001111117:111111.. ' . L'. - -- ::.Y.,,..,..,,,.. 1 ,.. ,,,,;. -, ..,„,,.. c. / .7'. . ,N 1 a.Ninawsam: , ,/,..:. I --.. ., 4miitn ',- - -- '.':-- • 1— J . .1.g.m*.t7,!!„,4 • ,. -- - II i '',. ELDRIDGE" HELD .7,. ''' 1 • ' • ; - 1, • • - - - .. ., A -. . „ _....,.._ .r„..., - i• ] --- , ___ ._ — --I. I --1 1 _,____ :, • VII •- aka% - 0,1").--m. A • '„.',„ k „,s.- tworlog , ,. . I t : i,,,,twaiiiin-i.... 09>Niki • '----- -- •-•-•,,'.-.. „, -a-- — ., / ...i'.. ''.• „ .'„I': : . 1 ,,,', . . 1----7 linattlitatel. . . , 7 imaggggamaggarra•..- r : i.-- ,,,. ; ,-,....-/. - EMMIUMBP..,AW2.111=i z-..1,. , . , ,,,,..-- :-',lifflritirel% '''', ,,,7 _,,,..„,_, .1 ',.-', 1:..-- -----'ff'----71 .! ?t-7''.' ' 0 25 50 75 150 SCALE CITY OF WYLIE, TEXAS TNP PROX„a1 ... TEAGUE NALL AND PERKINS —- ------- ..._ .__..............,yrroom ow t ,alla 2011 COMMUNITY PARK IMPROVEMENTS SHEET 12180 Abrams Road Suite 508 vi,‘", DATE ANY , .;,., '4,(aft /Air. Dallas, reacas 75243 1 Phon.:(214)451-9887•Fix:(2241481.9504 EXHIBIT — 50 FT ATMOS GAS EASEMENT OF APR 2011' TOPE Raidaritka tia F-230 www.fna-onlina.cam 2 k 4,ii Ai, ,----- k ; 22„-„rotegmailo immutto 3._ „7 1614:1111111.;"Iplirriltt4'Mil' 1 _ _ LiL--Ti il T- ,t_F it ---i- [T. - .„- r-1-,,, 1 ,, , , , , , , „ z. ! , , 1 ---1 ,L_ '----1 . . .„„ ..,. ... 4„, A 1. 1 r r , 'i v 1 '! JIL. „,,,,,i--- „,, , 1 ,,,,,, 3 L 33ii_ ' '' A 1 Li 1 ....... , - - L.. ----- —11- - 1 -- -1-11 -- L 1-1. - '-' D.R.74-5Z;ALLAcac:L3-,5,-----r---, - - _ ' 1 ' 1---- -- -- ___ .._,] _., , ' —H).1 _ _1-3,_ cfir _ ,„- ''''T IW 9 1111311IN' 11111107M011116°334...4.•.,3,34 -°--33 ,..., ° 3— la 3 *-313 3333 ,,,3333 31.31•111110zWINL,i .33 if. —- .i'l‘331'.311 I IF3: 3• 33 3' — i- n -- ....3 \,, 111 i 1 ;.,,,,, i i 1, __ ___ 33 1.• 1 ° i33 _ —-- .3, \ —3. 3 _ ____ li „3,. \i_____,_ , EX EXPI,ORER IRE ....,___ ' ' ::,.._ :.,..,.. 1 it.111-uN 20'EXP OR ? I. ' ,— VA CA,S FASFM7NT N 1 p j j,sf am_E s)4,1,3.-,,jj j . , 4 I '..' -- I - * 1 — —---h--- - 1 1 ' I __ — i _ r_ [1 ‘2 z 1.. __, .. ...., , - ' ..4-11_- ,-,_.- --..__.]---- [1'' vi _ I , ., ,;- ---- ___,,...,z.E.7.,- r-IL i - I - -' . 1 1 , , I i i , 1 ,..--- ..- -- , - "-Z 1 -- ---- .--- --- , — I ' --- --- ' ------ _------ _--- - `..- i \\ I - ----7--- ---- --7_-_-- — , _ EA.5FMFAIT - ____----c—• ,.... ,,\ 1' - ..-. -. - - IIII I Fr- -----;:------ ----------- ......--• ....-- -----------' ------------ ___,-------- 3,.._„. -----____ __----- ____---- ---- . i/i --°-,--,...„,........... \ ' '"..-...„.„.......„. ,,,/ / '`'-....,,,.......„.. & 25 50 75 1 DO 1 -,4 1 00' }HP'PROJECT CITY OF WYIJE, TEXAS wyLi 015-3 soALE TEAGUE MEL AND PERKINS 2011 COMMUNITY PARK iMPROVEMENTS SHEET Abrams. Abaci. Salta 509 DATE D811135, Texas 75243 2 $10, '.2,.4, //VC. Phafte.(214)4811-9867*Fax:(214)461-96e4 APR 2071 TBPE R90501E64212 Nst P-230 wee.tna-satiss-cels EXHIBIT — 50 FT ATMOS GAS EASEMENT c4- 2 Wylie City Council CITY OF VVYLIE AGENDA REPORT Meeting Date: September 27, 2011 Item Number: C. Department: Human Resources (City Secretary's Use Only) Prepared By: Lynn Fagerstrom Account Code: Date Prepared: August 22, 2011 Budgeted Amount: Exhibits: Rate Sheet Subject Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, long term disability and prescription drug coverage. Recommendation Motion to accept a proposal from United Healthcare for fiscal 2012 medical, dental and prescription drug coverage under our current broker, The Wylie Insurance Agency. Accept a continuation of long-term disability and life insurance coverage from Lincoln National, under our current broker, The Wylie Insurance Agency. Discussion The operating budget adopted by Council for fiscal 2012 provides adequate funding for the proposed employee group insurance plans. United Healthcare, represented by Wylie Insurance Agency, presented several renewal options for medical insurance. All options carried significant rate increases due to heavy usage. Staff is recommending a change to a $2,000.00 in-network annual deductible then a zero dollar co-insurance plan, accepting a 9% increase over our FY2011 rate. United Healthcare, represented by Wylie Insurance Agency, presented two renewal options for dental insurance. Staff is recommending a change of coverage for major dental procedures from 80% co-insurance to 50% co- insurance, accepting a 3%increase over our FY2011 rate. Lincoln Finance Services, represented by Wylie Insurance Agency, is renewing both life and long term disability coverage at the same rate as FY2011. Approved By Initial Date Department Director LF 09/09/2011 City Manager IIII 9/9/11 Page 1 of 1 OFYWXYLIE City of Wylie FY2012 Insurance Rate Schedule The City of Wylie is pleased to pay 100% for all employee's medical, dental, long-term disability and life insurance! Contributions for optional dependent coverage for medical, dental and life insurance is split 50/50 between the City and the employee. FY2012 " ;' Employee Montt l€ ;Employ ost Cost PerPay individuals;Covered Premium Per'Month Period* Employee Only Medical $692.53 - 0 - - 0 - Spouse Medical/Prescription $1,052.67 $526.34 $263.17 Child(ren) Medical/Prescription $477.87 $238.93 $119.47 Family Medical/Prescription $1,149.67 $574.83 $287.42 Employee Only Dental $38.26 - 0 - - 0 - Spouse Dental $37.42 $18.71 $9.35 Child(ren) Dental $47.23 $23.61 $11.81 Family Dental $89.64 $44.82 $22.41 *We have 26 pay periods per year. There are two pay periods per year when insurance premiums are not deducted from the employee's paychecks. In-Network Benefits: No "primary care physician" required, self refer to any in-network provider. Doctor Visit Co-Pay: $25; Specialist $50; Specialists with "**" are preferred and $25 Co-Pay Annual Deductible/Out-of-Pocket Max: $2000/$4000 family Prescriptions: $15/$30/$65 - Discounted Mail Order Prescriptions also available at 2 l x retail rates. Emergency Room Co-Pay: $200; Urgent Care Center Co-Pay: $75 Vision Plan: Emergencies = Per Plan; Regular Check-ups = $25 Co-Pay + UHC Vision/Spectera discounts Out of Network Benefits: Co-insurance: 80% of all charges Annual Deductible: $4000/$8000 family Annual Out-of-Pocket Max: $8000/$16,000 family Wylie Parks and Recreation Facilities Development CITY OF WY LIE Corporation (4B) NOTICE OF MEETING Regular Meeting Agenda September 13, 2011 — 6:00 pm Wylie Municipal Complex - Council Chambers 300 Country Club Road Eric Hogue Chairman Rick White Member David Goss Member Kathy Spillyards Member Anne Hiney Member Cristine Price Member Dan Chesnut Member Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020 CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION Announce the presence of a Quorum. 1. Consider, and act upon, approval of the Minutes from the September 14, 2010 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) 2. Consider, and act upon, approval of the FY 2011-2012 4B Budget and authorize expenditures for the FY 2011-2012 Community Services Facilities Capital Improvement Plan. (L. Bantz, Finance Director) September 13,2011 Wylie Parks and Recreation Facilities Development Corporation Page 2 of 2 (4B)Meeting Agenda ADJOURNMENT CERTIFICATION I certify that this Notice ofMeeting was posted on this 9th day of September, 2011 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 Parks and Recreation a. Facilities Development Corporation (4B) CITY OF WYLIE Regular Meeting Minutes Tuesday, September 14, 2010— 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 2000 Highway 78 North CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION 4B Board Chair Eric Hogue called to order the Parks & Recreation Facilities Development Corporation meeting at 6:10 p.m. with the following board members present:, Shirley Burnett, Bennie Jones, Rick White, and Kathy Spillyards. Board members Anne Hiney and Dan Chestnut were absent. General Business 1. Consider, and act upon, approval of the Minutes from the September 8, 2009 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) 4B Board Action A motion was made by board member White, seconded by board member Jones to approve the 4B minutes of September 8, 2009 as presented. A vote was taken and the motion passed 5-0 with board members Hiney and Chestnut absent. 2. Consider, and act upon, approval of the FY2010-2011 4B Budget and authorize expenditures for the FY 2010-2011 Community Services Facilities Capital Improvement Plan. (L. Vaughan, Finance Director) 4B Board Action A motion was made by board member White, seconded by board member Spillyards to approve the FY 2010-2011 4B Budget and authorize expenditures for the FY 2010-2011 Community Services Facilities Capital Improvement Plan. A vote was taken and the motion passed 5-0 with board members Hiney and Chestnut absent. September 14,2010 Wylie Park and Recreation Facilities Development Corporation(4B) Page 2 of 2 3. Consider, and act upon, the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Officers and appoint a Chair and Vice Chairman from its board members for a term beginning January 1, 2011 and ending December 31, 2012 (C. Ehrlich, City Secretary) 4B Board Action A motion was made by board member Jones, seconded by board member Spillyards to appoint Eric Hogue, Chair; Anne Hiney, Vice Chair; Mindy Manson, President; Jeff Butters, Vice President, Linda Bantz, Treasurer; and Carole Ehrlich, Secretary of the Wylie Parks and Recreation Facilities Development (4B) Corporation for a term beginning January 2, 2011 and ending December 31, 2012. A vote was taken and the motion passed 5-0 with board members Hiney and Chestnut absent. ADJOURN With no further business before the Wylie Parks and Recreation Facilities Development (4B) Corporation a motion was made by board member Burnett, seconded by board member Spillyards to adjourn the meeting at 6:15 p.m. a vote was taken and the motion passed 5-0 with board members Hiney and Chestnut absent. Eric Hogue, Chair ATTEST: Carole Ehrlich, City Secretary ( F �I Wylie Parks and Recreation CITYFacilities Development Corporation (4B) AGENDA REPORT Meeting Date: September 13, 2011 Item Number: Department: Finance (City Secretary's Use Only) Prepared By: Linda Bantz Account Code: Date Prepared: August 22, 2011 Budgeted Amount: Exhibits: 4B Budget Subject Consider, and act upon, approval of the FY 2011-2012 4B Budget and authorize expenditures for the FY 2011- 2012 Community Services Facilities Capital Improvement Plan. Recommendation Motion to approve FY 2011-2012 4B Budget and authorize expenditures for the FY 2011-2012 Community Services Facilities Capital Improvement Plan. Discussion The Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the 1/2 cent sales tax for parks, recreation and library projects. The Board of Directors of the Corporation are: Mayor Eric Hogue Councilmember David Goss Councilmember Rick White Councilmember Kathy Spillyards Cristine Price—Parks Board Member Daniel Chesnut—Parks Board Member Anne Hiney —Parks Board Member As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of sales tax receipts for projects approved by the City Council. Further, the Bylaws state that," It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." Approved By Initial Date Department Director LB 8/22/11 City Manager IIII 9/9/11 46 SALES TAX REVENUE FUND The Wylie Park and Recreation Facilities Development Corporation (the 4B Corporation) was established to promote economic development with the City of Wylie. The activities of the 4B Corporation are accounted for in two fund types. The two funds are titles the 4B Sales Tax Revenue Fund and the 4B Debt Service Fund. The special revenue fund accounts for the use of the 4B Corporation sales tax revenue and is restricted by State legislation to improve the appeal of the City as a place to live, work, visit and to promote economic development. Sales taxes are levied in Wylie at 8.25% of goods and services sold within the City's boundaries. Of this 8.25% tax, 49% of the 0.5% of the City's share goes to the 4B Sales Tax Revenue Fund. it f Fund Summary 4B Sales Tax Fund Audited 4B Fund Ending Balance 09/30/10 $ 1,613,075 Projected '11 Revenues 1,386,556 Available Funds 2,999,631 Projected '11 Expenditures (1,112,412) Transfer to Rec. Fund '11 (510,775) Estimated Ending Fund Balance 09/30/11 $ 1,376,444 Estimated Beginning Fund Balance-10/01/11 $ 1,376,444 Proposed Revenue '12 741,420 Proposed Expenditures '12 (1,067,464) Estimated Ending Fund Balance 09/30/12 $ 1,050,400 * * Policy requirement is 25%of budgeted sales tax revenue ($1,508,000 x 25%= $377,000) CITY OF WYLIE PROPOSED BUDGET-FISCAL YEAR 2011-2012 112-4B SALES TAX REVENUE FUND REVENUES 2009-2010 2010-2011 2010-2011 2011-2012 ACTUAL BUDGET PROJECTED PROPOSED TAXES 4000-40210 SALES TAX 1,343,738 1,299,056 1,364,056 738,920 TOTAL TAXES 1,343,738 1,299,056 1,364,056 738,920 SERVICE FEES 4000-44156 RECREATION CLASS FEES 0 10,000 10,000 0 TOTAL SERVICE FEES 0 10,000 10,000 0 INTEREST INCOME 4000-46110 ALLOCATED INTEREST EARNINGS 3,259 4,000 4,000 2,500 4000-46140TEXPOOL INTEREST 0 0 0 0 4000-46143LOGIC INTEREST 0 0 0 0 TOTAL INTEREST INCOME 3,259 4,000 4,000 2,500 MISCELLANEOUS INCOME 4000-48120 COMMUNITY ROOM FEES 0 8,500 8,500 0 4000-48310 RECOVERY-PRIOR YEAR EXPEND 0 0 0 0 4000-48410 MISCELLANEOUS INCOME 0 0 0 0 TOTAL MISCELLANEOUS INCOME 0 8,500 8,500 0 TOTAL REVENUES 1,346,998 1,321,556 1,386,556 741,420 46 SALES TAX REVENUE COMBINED SERVICES This department reflects expenditures incurred by the City's 4B Sales Tax Revenue Fund, as a single entity, in the conduct of its operations. These expenditures include debt service payments, etc. CITY OF WYLIE PROPOSED BUDGET-FISCAL YEAR 2011-2012 112-4B SALES TAX REVENUE FUND NON-DEPARTMENTAL EXPENDITURES 2009-2010 2010-2011 2010-2011 2011-2012 ACTUAL BUDGET PROJECTED PROPOSED CONTRACTUAL SERVICES 5614-56040 SPECIAL SERVICES 0 0 0 720 TOTAL CONTRACTUAL SERVICES 0 0 0 720 OTHER FINANCING(USES) 5000-59125 TRANSFER TO RECREATION FUND 0 0 0 0 5000-59132 TRANSFER TO 4B DEBT SERVICE 565,300 565,000 565,000 570,000 TOTAL OTHER FINANCING(USES) 565,300 565,000 565,000 570,000 TOTAL NON-DEPARTMENTAL 565,300 565,000 565,000 570,720 Revised 91 4B PARKS The 4B Parks is responsible for the development and maintenance of parks. This is a division of the Public Services Department. The 4B Sales Tax Revenue Fund, 4B Parks, is a supplemental cost-center to the General Fund's Parks Department. The sales tax revenue is restricted by State legislation to improving the appeal of the City as a place to live, work, and visit and promoting economic development. BUDGET BUDGET BUDGET BUDGET STAFFING 2008-2009 2009-2010 2010-2011 2011-2012 Asst. Parks Superintendent 1.0 1.0 0.0 0.0 Field Supervisor 1.0 1.0 1.0 1.0 Maintenance Worker 2.0 2.0 2.0 2.0 TOTAL 4.0 4.0 3.0 3.0 CITY OF WYLIE PROPOSED BUDGET-FISCAL YEAR 2011-2012 112-4B SALES TAX REVENUE FUND 4B PARKS EXPENDITURES 2009-2010 2010-2011 2010-2011 2011-2012 ACTUAL BUDGET PROJECTED PROPOSED PERSONNEL SERVICES 5614-51110 SALARIES 122,455 121,472 121,472 123,901 5614-51130 OVERTIME 4,480 14,500 14,500 10,000 5614-51140 LONGEVITY PAY 952 1,093 1,093 1,093 5614-51145 SICK LEAVE BUYBACK 270 701 701 0 5614-51160 CERTIFICATION INCENTIVE 1,543 1,825 1,825 1,825 5614-51170 PARAMEDIC INCENTIVE 0 0 0 0 5614-51210 CAR ALLOWANCE 0 0 0 0 5614-51220 PHONE ALLOWANCE 1,354 1,200 1,200 1,350 5614-51230 CLOTHING ALLOWANCE 2,160 2,160 2,160 2,160 5614-51310 TMRS 14,257 14,893 14,893 15,649 5614-51410 HOSPITAL&LIFE INSURANCE 24,196 28,578 28,578 30,618 5614-51420 LONG-TERM DISABILITY 221 696 696 696 5614-51440 FICA 8,121 8,890 8,890 9,041 5614-51450 MEDICARE 1,899 2,079 2,079 2,114 5614-51470 WORKERS COMP PREMIUM 1,945 2,345 2,345 1,810 5614-51480 UNEMPLOYMENT COMP(TWC) 567 810 810 810 TOTAL PERSONNEL SERVICES 184,420 201,242 201,242 201,067 SUPPLIES 5614-52130 TOOLS/EQUIP-UNDER$100 0 0 0 0 5614-52250 MEDICAL&SURGICAL 0 0 0 0 5614-52310 FUEL&LUBRICANTS 0 2,500 2,500 2,500 5614-52710 WEARING APPAREL&UNIFORMS 0 0 0 0 5614-52810 FOOD SUPPLIES 0 0 0 0 TOTAL SUPPLIES 0 2,500 2,500 2,500 CONTRACTUAL SERVICES 5614-56040 SPECIAL SERVICES 18,529 95,090 60,090 55,000 5614-56110 COMMUNICATIONS 516 0 0 0 5614-56210 TRAVEL&TRAINING 1,770 1,970 1,970 2,470 5614-56250 DUES&SUBSCRIPTIONS 386 450 450 200 TOTAL CONTRACTUAL SERVICES 21,201 97,510 62,510 57,670 CAPITAL OUTLAY 5614-58530 HEAVY EQUIPMENT 0 33,500 33,500 0 5614-58850 MAJOR TOOLS&EQUIPMENT 0 18,500 18,500 0 TOTAL CAPITAL OUTLAY 0 52,000 52,000 0 TOTAL 4B PARKS 202,800 353,252 318,252 261,237 Revised 93 4B RECREATION As a division of the Public Services Department, this division supports the overall recreation programming functions administered by the Recreation Division. The division is funded by 4B Sales Tax revenue and is used as a supplemental cost-center to the General Fund Recreation (5521)budget. BUDGET BUDGET BUDGET BUDGET STAFFING 2008-2009 2009-2010 2010-2011 2011-2012 Recreation Supervisor 1.0 1.0 1.0 1.0 Recreation Superintendant 0.0 1.0 0.0 0.0 Recreation Monitor 0.0 1.0 1.0 1.0 Recreation Manager 0.0 0.5 0.0 0.0 Fitness Programmer 0.0 0.3 0.0 0.0 Recreation Programmer 0.0 0.5 0.0 0.0 Recreation Attendant 1.75 1.75 2.75 2.75 TOTAL 2.75 6.00 4.75 4.75 CITY OF WYLIE PROPOSED BUDGET-FISCAL YEAR 2011-2012 112-4B SALES TAX REVENUE FUND 4B RECREATION EXPENDITURES 2009-2010 2010-2011 2010-2011 2011-2012 ACTUAL BUDGET PROJECTED PROPOSED PERSONNEL SERVICES 5615-51110 SALARIES 167,748 45,532 45,532 46,443 5615-51112 SALARIES-PART TIME 48,124 78,900 78,900 82,758 5615-51130 OVERTIME 0 0 0 0 5615-51140 LONGEVITY PAY 548 33 33 81 5615-51145 SICK LEAVE BUYBACK 823 263 263 0 5615-51160 CERTIFICATION INCENTIVE 326 0 0 0 5615-51170 PARAMEDIC INCENTIVE 0 0 0 0 5615-51210 CAR ALLOWANCE 0 0 0 0 5615-51220 PHONE ALLOWANCE 3,551 1,200 1,200 1,200 5615-51230 CLOTHING ALLOWANCE 1,300 800 800 300 5615-51310 TM RS 18,722 5,600 5,600 6,070 5615-51410 HOSPITAL&LIFE INSURANCE 23,201 11,600 11,600 12,502 5615-51420 LONG-TERM DISABILITY 455 260 260 260 5615-51440 FICA 13,215 7,732 7,732 8,032 5615-51450 MEDICARE 3,091 1,809 1,809 1,846 5615-51470 WORKERS COMP PREMIUM 1,360 3,481 3,481 1,888 5615-51480 UNEMPLOYMENT COMP(TWC) 1,705 1,890 1,890 2,430 TOTAL PERSONNEL SERVICES 284,169 159,100 159,100 163,810 SUPPLIES 5615-52010 OFFICE SUPPLIES 2,431 3,000 3,000 2,900 5615-52070 COMPUTER SOFTWARE 0 0 0 0 5615-52130 TOOLS/EQUIP-UNDER$100 11,088 3,700 3,700 3,800 5615-52160 TOOLS/EQUIP-$100-$999.99 0 0 0 0 5615-52310 FUEL&LUBRICANTS 738 7,600 7,600 7,683 5615-52610 RECREATIONAL SUPPLIES 2,869 3,000 3,000 3,000 5615-52710 WEARING APPAREL&UNIFORMS 0 0 0 500 5615-52810 FOOD SUPPLIES 4,425 6,000 6,000 6,000 5615-52990 OTHER 0 0 0 0 TOTAL SUPPLIES 21,551 23,300 23,300 23,883 MATERIALS FOR MAINTENANCE 5615-54510 MOTOR VEHICLES 0 0 0 0 5615-54530 HEAVY EQUIPMENT 494 3,000 3,000 3,000 5615-54630 TOOLS&EQUIPMENT 240 800 800 500 5615-54650 COMMUNICATIONS 0 0 0 200 5615-54810 COMPUTER HARD/SOFTWARE 0 0 0 0 5615-54910 BUILDINGS 0 3,900 3,900 6,800 TOTAL MATERIALS FOR MAINTENANCE 733 7,700 7,700 10,500 CONTRACTUAL SERVICES 5615-56040 SPECIAL SERVICES 12,426 19,400 19,400 4,855 5615-56080 ADVERTISING 9,004 2,000 2,000 2,000 5615-56110 COMMUNICATIONS 2,553 1,200 1,200 1,200 5615-56140 REC CLASS EXPENSES(COMM CTR) 0 11,000 11,000 11,000 5615-56180 RENTAL 825 1,560 1,560 3,120 5615-56210 TRAVEL&TRAINING 3,369 2,500 2,500 2,500 5615-56250 DUES&SUBSCRIPTIONS 2,842 1,400 1,400 1,240 5615-56360 ACTIVENET ADMINISTRATIVE FEES 2,128 0 0 0 TOTAL CONTRACTUAL SERVICES 33,147 39,060 39,060 25,915 Revised 95 CITY OF WYLIE PROPOSED BUDGET-FISCAL YEAR 2011-2012 112-4B SALES TAX REVENUE FUND 4B RECREATION EXPENDITURES 2009-2010 2010-2011 2010-2011 2011-2012 ACTUAL BUDGET PROJECTED PROPOSED CAPITAL OUTLAY 5615-58150 LAND-BETTERMENTS 0 0 0 0 5615-58810 COMPUTER HARD/SOFTWARE 1,182 0 0 0 5615-58830 FURNITURE&FIXTURES 0 0 0 1,400 5615-58850 MAJOR TOOLS&EQUIPMENT 0 0 0 10,000 5615-58995 CONTRA CAPITAL OUTLAY 0 0 0 0 TOTAL CAPITAL OUTLAY 1,182 0 0 11,400 TOTAL 4B RECREATION 340,782 229,160 229,160 235,508 Revised 96 Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: September 13, 2011 Item Number: 1. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: August 22, 2011 Budgeted Amount: Exhibits: House Bill 3195 Statement Subject Consider, and act upon, approving the property tax increase reflected in the budget. Recommendation Motion to approve the property tax increase reflected in the budget. Discussion The tax rate needed to fund the FY 2011-2012 budget is $0.89890 per $100 of assessed valuation. Although this is the same tax rate as in FY 2010-2011, there will be a small increase in tax revenue the City receives due to new property that was added to the tax roll and a slight increase in the total property assessed valuation. Section 26.05 of the Texas Property Tax Code requires the governing body to hold a separate vote to ratify this property tax increase that is reflected in the budget. Approved By Initial Date Department Director LB 8/22/11 City Manager 9/9/11 Page 1 of 1 Due to the passage of H.B. 3195 during the 80th Legislative Session, the following statement must be included as the cover page for any budget document. "This budget will raise more total property taxes than last year's budget by $417,708, or 2.10%, and of that amount $513,575.05 is tax revenue to be raised from new property added to the tax roll this year." Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: September 13, 2011 Item Number: 2. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: August 22, 2011 Budgeted Amount: All Funds Summary, Budget Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2011-18 adopting a budget and appropriating resources for Fiscal Year 2011-2012, beginning October 1, 2011, and ending September 30, 2012. Recommendation Motion to approve Ordinance No. 2011-18 adopting the budget and appropriating resources for Fiscal Year 2011-2012, beginning October 1, 2011, and ending September 30, 2012. Discussion The tax rate being proposed for Fiscal Year 2011-2012 is $0.8989 per $100 of assessed valuation. The attached summary of all operating and capital funds includes the budget for the Wylie Economic Development Corporation. The adoption of the FY 2011-2012 tax rate is presented as a separate agenda item. Approved By Initial Date Department Director LB 8/22/11 City Manager IIII 9/9/11 Page 1 of 1 ORDINANCE NO. 2011-18 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 2011-2012, BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILTIY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager and staff have prepared and filed with the City Secretary a proposed budget for operation of the City during Fiscal Year 2011-2012; and WHEREAS, the proposed budget appears to be in form and substance which fully complies with all applicable provisions of the City Charter and State law; and WHEREAS, the proposed budget has been available for public inspection and review; and WHEREAS, the City Council on August 23, 2011, conducted a public hearing to receive input from the citizens of the City concerning the content of the budget; and WHEREAS, the Council having considered the proposed budget at length, and having provided input into its preparation, has determined that the proposed budget and the revenues and expenditures contained therein is in the best interest of the City and therefore desires to adopt the same by formal action; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. That the proposed budget of the revenues of the City and the expenses of conducting the affairs thereof, as summarized in the attached Exhibit A and fully incorporated herein by reference, be, and the same hereby is, completely adopted and approved as the Budget for the City for Fiscal Year 2011-2012. Section 2. That the sum of sixty-seven million, three hundred nineteen thousand, and five hundred sixty-six dollars, $67,319,566 is hereby appropriated for the City's FY 2011-2012 Budget. These funds are for payment of operating, capital, and debt service expenses associated with the operation and administration of the City according to the various purposes and intents described in the FY 2011-2012 budget document. Section 3. That an allocation of$0.00255 of the $0.005 4B sales tax rate be made for FY2011-2012 for activities of the Recreation Fund. Section 4. The specific authority is hereby given to the City Manager to transfer appropriations budgeted from an account classification or activity to another within any individual department or activity; and to transfer appropriations from designated appropriations to any individual department or activity as provided in the City Charter. Ordinance No. 2011-18 Approval of Budget FY2011-2012 1 Section 5. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. Section 6. This ordinance shall be in full force and effect from and after its adoption by the City Council pursuant to the law and the City Charter. Section 7. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 13th day of September, 2011. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News- September 21, 2011 Ordinance No. 2011-18 Approval of Budget FY2011-2012 2 SUMMARY OF REVENUES,EXPENDITURES,AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2011-2012 BUDGET DEBT SERVICE FUNDS SPECIAL GENERAL REVENUE G 0 DEBT 4B DEBT FUND FUNDS SERVICE SERVICE ESTIMATED BEGINNING BALANCES $ 7,791,449 $ 5,539,584 $ 677,668 $ 196,277 REVENUES: - Ad Valorem Taxes 14,043,720 - 6,990,890 - Non-Property Taxes 3,026,000 3,171,889 - - Franchise Fees 2,241,000 - - - Licenses&Permits 411,000 31,500 - - Intergovernmental 600,272 2,500 - - Service Fees 2,716,000 686,500 - - Court Fees 307,000 - - - Interest&Misc.Income 354,500 672,497 5,500 - TOTAL REVENUES 23,699,492 4,564,886 6,996,390 - Transfers from Other Funds 1,681,997 15,000 900,000 570,000 Transfer from Fleet Fund for Current Vehicles - Transfer from Fleet Fund to Close Fund - Transfer from Emergency Communications to Close Fund 248,224 Use of Fund Balance for Emerg Communications - - -Use of Fund Balance for General Obligation Debt Services 400,000 - -Use of Fund Balance for Equipment for Fleet&Equipment 534,010 TOTAL AVAILABLE RESOURCES 33,421,162 10,119,470 8,574,058 766,277 EXPENDITURES: General Government 7,740,330 28,100 - - Public Safety 12,929,951 84,010 - - Development Services 1,423,477 - - - Streets 1,308,715 - - - Community Services 3,161,250 2,575,517 - - Utilities - - - - Debt Service - - 7,856,088 568,404 Capital Projects - - - - Economic Development - 2,776,170 - - TOTAL EXPENDITURES 26,563,723 5,463,797 7,856,088 568,404 Transfers to Other Funds 400,000 - - - ENDING FUND BALANCE $ 7,105,663 $ 4,655,673 $ 717,970 $ 197,873 Revised 2 SUMMARY OF REVENUES,EXPENDITURES,AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2011-2012 BUDGET PROPRIETARY FUND CAPITAL PROJECTS TOTAL ALL FUNDS UTILITY FUND FUNDS ESTIMATED BEGINNING BALANCES $ 23,611,493 $ 10,926,844 $ 48,743,315 REVENUES: Ad Valorem Taxes - - 21,034,610 Non-Property Taxes 6,197,889 Franchise Fees 2,241,000 Licenses&Permits 442,500 Intergovernmental 602,772 Service Fees 650,000 10,641,000 14,693,500 Court Fees 307,000 Interest&Misc.Income 3,500 50,000 1,085,997 TOTAL REVENUES 653,500 10,691,000 46,605,268 Transfers from Other Funds - - 3,166,997 Transfer from Fleet Fund for Current Vehicles - - Transfer from Fleet Fund to Close Fund - - Transfer from Emergency Communications to Close Fund - 248,224 Use of Fund Balance for Emerg Communications - -Use of Fund Balance for General Obligation Debt Services - - 400,000 Use of Fund Balance for Equipment for Fleet&Equipment 365,000 899,010 TOTAL AVAILABLE RESOURCES 24,264,993 21,617,844 98,763,804 EXPENDITURES: General Government 7,768,430 Public Safety 13,013,961 Development Services 1,423,477 Streets 1,308,715 Community Services 5,736,767 Utilities 10,462,427 10,462,427 Debt Service 1,334,130 9,758,622 Capital Projects 12,638,000 356,000 12,994,000 Economic Development 2,776,170 TOTAL EXPENDITURES 12,638,000 12,152,557 65,242,569 Transfers to Other Funds - 1,676,997 2,076,997 ENDING FUND BALANCE $ 11,626,993 $ 9,100,287 $ 31,444,238 TOTAL REVENUES $ 50,020,489 NET DECREASE(INCREASE) IN FUND BALANCE 17,811,767 TOTAL APPROPRIABLE FUNDS $ 67,832,256 Revised 3 Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: September 13, 2011 Item Number: 3. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: August 22, 2011 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2011-19 fixing the tax rate/levy for Tax Year 2011 and Budget Year FY 2011-2012 at $0.89890 per $100 of assessed valuation. Recommendation Motion to approve Ordinance No. 2011-19 fixing the tax rate/levy for Tax Year 2011 and Budget Year FY 2011-2012 at $0.89890 per $100 of assessed valuation. Discussion The tax rate needed to fund the FY 2011-2012 budget is $0.89890 per $100 of assessed valuation. The tax rate is broken down with $0.600153 being used for operations and maintenance and $0.298747 being used to fund the General Debt Service Fund. This tax ordinance will generate levies of $13,417,600 for the General Fund and $6,679,076 for the I & S Fund. The adopted Fiscal Year 2011-2012 budget requires the support of this ordinance for funding. Approved By Initial Date Department Director LB 8/22/11 City Manager IIII 9/9/11 Page 1 of 1 ORDINANCE NO. 2011-19 AN ORDINANCE FIXING THE TAX RATE AND LEVY FOR THE CITY OF WYLIE, TEXAS, UPON ALL TAXABLE PROPERTY IN THE CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF THE CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2012, AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF THE CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. WHEREAS, the City Council has this date, by way of Ordinance duly passed, adopted a Budget of operation for the City for fiscal year 2011-2012; and WHEREAS, the aforesaid Ordinance anticipates and requires the levy of an ad valorem tax all taxable property in the City of Wylie; and WHEREAS, it is necessary to levy such an ad valorem tax at a given rate to generate revenues sufficient to meet projected expenses; and WHEREAS, the City has fully and timely complied with all notice and other requirements relative to the adoption of a tax rate for fiscal year 2011-2012; and WHEREAS, notice of the proposed tax rate, as well as the effective tax rate, has been published as required by law and the City has received no formal protest thereof. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. There is hereby levied for the fiscal year 2011-2012 upon all real property situated within the corporate limits of said City of Wylie, Texas, and upon all personal property which was owned within the corporate limits of said City of Wylie, Texas, on the first day of January, A.D. 2011, except so much thereof as may be exempt by the Constitution or laws of the State of Texas, a total tax of $0.8989 on each $100 of assessed valuation on all said property which said total tax herein so levied shall consist and be comprised of the following components: Ordinance 2011-19 Approval of Tax Rate Year 2011 and Budget Year FY2011-2012 1 a) An ad valorem tax rate of $0.600153 on each $100 of assessed valuation of said taxable property is hereby levied for general city purposes and to pay the current operating expenses of said City of Wylie, Texas, for the fiscal year ending September 30, 2012, which tax, when collected shall be appropriated to and for the credit of the General Fund of said City of Wylie, Texas. b) An ad valorem tax rate of $0.298747 on each $100 of assessed valuation of said taxable property is hereby levied for the purpose of creating an Interest and Sinking Fund with which to pay the interest and principal of the valid bonded indebtedness, and related fees of the City of Wylie, now outstanding and such tax when collected shall be appropriated and deposited in and to the credit of the General Debt Service Fund of the City of Wylie, Texas, for the fiscal year ending September 30, 2012. Section 2. The City of Wylie shall have a lien on all taxable property located in the City of Wylie to secure the payment of taxes, penalty and interest, and all costs of collection, assessed and levied hereby. Section 3. Taxes are payable in McKinney, Texas, at the Office of the Tax-Assessor Collector of Collin County. The City shall have available all the rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. Section 4. That the tax roll presented to the City Council, together with any supplements thereto, be and same are hereby accepted and approved. Section 5. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. Section 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. Section 7. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. Section 8. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. Ordinance 2011-19 Approval of Tax Rate Year 2011 and Budget Year FY2011-2012 2 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 13th day of September, 2011. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of Publication in The Wylie News— September 21, 2011 Ordinance 2011-19 Approval of Tax Rate Year 2011 and Budget Year FY2011-2012 3 Ordinance 2011-19 Approval of Tax Rate Year 2011 and Budget Year FY2011-2012 4 Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: September 13, 2011 Item Number: 4. Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: August 24, 2011 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, the acceptance of the resignation of Brandi LaFleur, Board Member for the Parks and Recreation Board and the appointment of a new member to the Parks and Recreation Board for the unexpired term of July 2011 to July 2013. Recommendation A motion to accept the resignation of Brandi LaFleur and the appointment of to the Parks and Recreation Board. Discussion Staff is requesting the appointment of a new Parks and Recreation Board member to replace Brandi LaFleur, who is resigning due to work obligations. Chapter 78 of the Wylie Code of Ordinances states: Sec. 78-25. Vacancies. Should a vacancy occur in the membership of the parks and recreation board, the city council shall appoint a successor for the unexpired term. (Ord. No. 78-18, art. II, § 5, 6-13-1978; Code 1991, ch. 1, § 7.04; Code 1997, § 78-35) In order to be in conformance with the Chapter 78 section 25, it is recommended that an appointment be made to fulfill the unexpired term of July 2011 to July 2013. Approved By Initial Date Department Director RD 08/24/2011 City Manager IIII 9/9/11 Page 1 of 1 From: Todd and Brandi Lafleur Sent: Friday,August 19, 2011 3:41 PM To: Robert Diaz Subject: From Brandi Hi Robert, I received your message and you sound like a very busy person. I wanted to speak with you regarding my board position. As much as I hate to leave it, I am going to have to do so. With a recent layoff here at the university, I have had to increase my workload and that has made it difficult for me to leave here in time to get to Wylie. This has been an extremely difficult decision for me as I have enjoyed my time serviing on the Parks and Recreation board and I have learned so much in the few years there. However, knowing what the commitment is, I don't believe that it is fair to the other board members, the parks department, and the City of Wylie to try to maintain my position if I am unable to meet my commitment. Please let everyone know that I have been honored and blessed to be involved with such a dedicated group of citizens and that I will seeing them. Please feel free to share this email with them and give me a call again when you find a better time. I will try not to be too much of a stranger. Thanks so much for all you do! Brandi Lafleur , • • oar . • issio A • licatio CITY OF WYLIE Spring 2011 Please return your completed application to the City Secretary's Office at 300 Country Club Road,Building 100, Wylie, Texas 75098. Name. _ Ffr Please indicate your first, second and third preference below. Construction Code Board Planning&Zoning Board Library Board 2- Wylie Economic Development Corporation Board Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Public Arts Advisory Board 6-"-Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Occupational Information Home Address: Business Owner? Yes Telephone:-/ . - , Fax: Business Name:id- I'L.L- Wide rx-160A/ (rel.!, d-0//ir' E-mail: Occupation: p/205 ec. f I have been a Wylie Resident for ( years Business Address: j'a er!. 50 N Registered voter? Comes No Telephone: Fax: Have you ever or do you currently serve on any city boards? Yes D'Icio If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) 121-lres S No p -ELepuerra-A-2yTh, V-f F Please indicate briefly why you would like to be appointed to a Board or Commission: AN isw1 -ke5-t- A-Le17 ketti-6.41tv L-t— -1t1.) -e_S "rb I am aware of the meeting dates and times of the board/commission I have applied and if appointed, I agree to serve on the Board/Commission which Ihave applied,or would consider au,g1ternate appointment to a second or third service preference. Signature Date )OR OFFICE USE ONLY Date Application Received New Applicant?0Yes ONo If no,applicant previously served on Board Via: Owebsite Omail Din person Orefemal Onewspaper Attended Applicant's Reception?0Yes ONo (dates) Applicant Interview Scheduled: Appointment made to Tenn Expires_ 0Statement&Oath Completed ONo appointment made at this time,retain application for one year. Original Message From: John Davis [mailto Sent: Tuesday, March 17, 2009 11:33 AM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - John Davis DATE OF_APPLICATION - FIRST—_CHOICE - Wyle Economic Develoment Corp. Board SECOND CHOICE - Parks and Recreation Board THIRD CHOICE - Planning and Zoning Commission SUBCOMMITTEE - Yes HOME ADDRESS - Trail, Wylie TX 75098 HOME PHONE • HOME FAX - HOME EMAIL - icarusranger@yahoo.com RESIDENT_YEARS - 3 CONTACT METHOD - Business Email REGISTERED—VOTER - Yes BUSINESS—OWNER - No BUSINESS NAME - OCCUPATION - NetWork Specialist BUSINESS_ nnnRFSS ,. BUSINESS PHONE - _ BUSINESS EMAIL • 1 WHY_INTERESTED - I am seeking to become active in my community Submit - Submit End of form information WebQA - WYLIETX - Jacky Casey Page 1 of 2 001010042111 - Board & Commission Application Board&Commission Application Details Board&Commission Application Details Full Name: Richard Kevin Finnell Date of Application: 4/21/2011 Please indicate your first second and third choices below: First Choice: Wylie Economic Development Board Second Choice: Parks&Recreation Board Third Choice: Animal Shelter Advisory Board Interested in serving on Yes Subcommittes that may be formed'°: Contact Information Home Address: Telephone: Cell Phone: Email: I have been a Wylie resident for 14 (years): Registered Voter?: Yes Occupational Information Business Owner?: Yes If yes,business name: Woodmen of the World Occupation: Financial rep Business Address: Business Telephone: Business Email: Please indicate briefly why you I enjoy giving back to Wylie and the community and helping to decide the decide the direction would like to be appointed to a that it takes. or Commission: I am aware of the meeting dates and times of the Board/Commission I have applied for and if appointed.I agree to serve on the Board/Commission for which I have applied,or would consider an alternate appointment to a second or third service preference. By submitting this form I agree to the above statement. Message History Date On 4/21/2011 3:38:33 PM,wrote: Request was created by customer , I http:ilmygovhelpadmin.org/WYLIETX/ZAdmin/ServiceRequests/Print.aspx?id.'1010&sid... 5/121201 I • a - reS ISSie A • 911 • tie CITY OF WYLIE Spring 2011 Please return your completed application to the City Secretary's Office at 300 Country Club Road,Building 100, Wylie, Texas 75098. Name: 411 c#1._ 411 Please indicate your firsksecond and third preference below. V Construction Code Board V Planning&Zoning Board Library Board Wylie Economic Development Corporation Board v/ Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Public Arts Advisory Board Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Occupational Information Home Address: Business Owner? 3 Yes V No Telephone: Fax: Business Name: E-mail: Occupation: I have been a Wylie Resident for q years Business Address: Registered voter? a Yes 1 No Telephone: Fax: Have you ever or do you currently serve on any city boards? Yes No If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) 8 Yes 0 No F CEP 7- riex7e-lsiPIP Please indicate briefly why you would like to be appointed to a Board or Commission: 40 (a-De esito 04(1 OA- • • 4 el11—) ) • I am a'wlzre o the meeting dates and times of the boardlcommission I have applied and if appointed, I agree to serve on the Board/Commission which I have ap would consider an alternate appointment to a second or third service preference. Sign ture Date ZOR OFFICE USE ONLY Date Application Received New Applicant?OYes ElNo If no,applicant previously served on Board Via:Owebsite Otnail Din person°referral newspaper Attended Applicant's Reception?OYes EINo (dates) Applicant Interview Scheduled: Appointment made to Term Expires °Statement&Oath Completed ONo appointment made at this time,retain application for one year. WebQA - WYLIETX - Jacky Casey Page 1 of 2 000890-010411 - Board & Commission Application Board&Commission Application Details Board&Commission Application Details Full Name: Timothy Charles McCray Date of Application: 1/4/2011 Please indicate your first,second and third choices below: First Choice: Wylie Economir no,,Plooment Board Second Choice: Parks&Recreation Board Third Choice: Planning&Zoning Board Interested in serving on Yes Subcommittes that may be formed": Con ct Information Home Address: Telephone: Cell Phone: Email: I have been a Wylie resident for 3 (years): Registered Voter?: Yes Occupational Information Business Owner?: No If yes,business name: Occupation: Business Address: Business Telephone: Business Email: Please indicate briefly why you To whom it may concern: I have lived in Wylie for 3-4 years now. Both of my daughters have been would like to be appointed to a born while we have called Wylie our home.I have found that the City of Wylie represents a very Board or Commission: quaint but progressive way of living at the same time.In the years that I have lived here I have noticed the growth and attractiveness of the area. From the building of Wylie East High School to the new Municipal complex I have noticed that Wylie seems to be a hot spot in North Texas. I plan to make Wylie my home for many years to come and I see this as an excellent opportunity to become involved in what happens in the city that I call home.I am very proud to be a Wylie resident and I only see great things in our city's future.Thank you in advance for your consideration.Timothy C. McCray I am aware of the meeting dates and times of the Board/Commission I have applied for and if appointed,I agree to serve on the Board/Commission for which I have applied,or would consider an alternate appointment to a second or third service preference. By submitting this form I agree to the above statement. Message History http://mygovhelpadmin.org/WYLIETX/ZAdmin/ServiceRequests/Printaspx?id=890&sid—... 5/12/2011 • ar . • 1SSi A liC ti CITY OF WYLIE Spring 2011 Please return your completed application to the City Secretary's Office at 300 Country Club Road, Building 100, Wylie, Texas 75098. Name: (2,- J Pkt, r, Please indicate your first, second and third preference below. Construction Code Board Planning&Zoning Board Library Board Wyke Econoinic Development Corporation Board Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Public Arts Advisory Board V Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Occupational Information Home Address: Business Owner? „.,9 Yes 0 No Telephone. ax: Business Name: Eri‘S 5 or--) E-mail: Occupation: 41 I have been a Wylie Resident for years Business Address: Registered voter? Elif es — No Telephone. Fax: Have you ever or do you currently serve on any city boards? Yes If so, what board/city and dates? Are xou involved in any community activities? (Civic or Hobbies) RI-4(es o 0S-50 (Astc-,c+-or- 7;v. Please indicate briefly why you would like to be appointed to a Board or Corn mission: u Q._ c__(--/ A C--i•-) 0,4 (1‘-`Pi;Zi-% „II c n„. I am aware of the meeting dates and times of the board/commission I have applied and if appointed, I agree to serve on the Board/Commission which I have applied,or ould con ' ran terna : appointment to a second or third service preference. - 5-(c- ii Signature Date jOR OFFICE USE ONIff te Application eceiv•d IW 11 New Applicant. es EINo If no,applicant previously served on • Board t ITC Via: Owebsite°mail 7 person°referral°newspaper Attended Applicant's Reception?Dyes EINo (dates) Applicant Interview Sc eduled: te Al Appointment made to Term Expires °Statement&Oath Completed EINo appointment made at this time,retain application for one year. Form Information Follows: NAME - Gaynell Reed DATE OF_APPLICATION - 03-26-09 FIRSTICHOICE - Planning and Zoning Commission SECOND CHOICE - Parks and Recreation Board THIRD CHOICE - Public Arts Advisory Board SUBCOMMITTEE - Yes HOME_ADDRESS • HOME PHONE - HOME FAX - HOME EMAII RESIDENT_YEARS - 4 CONTACT—METHOD - Home Phone REGISTERED_VOTER— - Yes BUSINESS OWNER - No BUSINESS NAME - OCCUPATION - BUSINESS ADDRESS - BUSINESS PHONE - BUSINESS FAX - BUSINESS EMAIL - WHY_INTETRESTED - It is simple "I love Wylie". I recently retired from Texas Dept. of Criminal Justice with twenty six years of service. I am very interested in the community and it's positive survival. Submit - Submit End of form information Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: September 13, 2011 Item Number: 5. Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: September 5, 2011 Budgeted Amount: Exhibits: Letter& Applications Subject Consider, and act upon, the acceptance of the resignation of Thomas Gaudreau, Board Member for the Public Art Advisory Board and the appointment of a new member to the Public Arts Advisory Board for the unexpired term of July 2011 to July 2013. Recommendation A motion to accept the resignation of Thomas Gaudreau and the appointment of to the Public Arts Advisory Board. Discussion Thomas Gaudreau has faithfully served as a member of the Public Arts Advisory Board since July of 2009. He has recently taken a school district administrator job out of state and is no longer able to serve. Staff contacted each applicant attached to explain the meeting times and responsibilities of the Public Arts Advisory Board. The applicants attached have agreed to serve if appointed. Staff is requesting the appointment of a member to serve the unexpired term of July 2011 to July 2013. Approved By Initial Date Department Director CE 09/O5/2011 City Manager Page 1 of 1 Thomas Gaudreau Wylie, TX 75098 August 11, 2011 Eric Hogue, Mayor City of Wylie 300 Country Club Drive Wylie, TX 75098 Dear Mayor Hogue, Please accept my immediate resignation from the Wylie Public Arts Advisory Board. I have accepted an employment offer as a district level administrator with Meridian CUSD in Northern Illinois. This employment offer aligns with my career goal of serving students and families as a school superintendent or assistant school superintendent. I want to thank you and the Wylie City Council for the opportunity to contribute to the quality of life here in Wylie. During the past three years, our Board has orchestrated several great projects that will positively impact the daily lives of Wylie's citizens. Regards, Te Gm,. . Thomas Gaudreau WebQA - W Y LIE 1 X - Stephanie Storm Page 1 of 2 W001143-090911 Board Commission Application Board&Commission Application Details Board&Commission Application Details Full Name: DeeAnn Ross Date of Application: 9/9/2011 Please indicate your first,second and third choices below: First Choice: Public Arts Advisory Board Second Choice: Public Arts Advisory Board Third Choice: Public Arts Advisory Board Interested in serving on No Subcommittes that may be formed": Contact Information Home Address: Telephone: Cell Phone: Email: I have been a Wylie resident for 11 (years): Registered Voter?: Yes Occupational Information Business Owner?: Yes If yes,business name: The Ross Team Occupation: Realtor Business Address: Business Telephone: Business Email: Please indicate briefly why you I enjoy art and large events. would like to be appointed to a Board or Commission: I am aware of the meeting dates and times of the Board/Commission I have applied for and if appointed,I agree to serve on the Board/Commission for which I have applied,or would consider an alternate appointment to a second or third service preference. By submitting this form I agree to the above statement. Message History Date On 9/9/20112:10:24 PM,wrote: Request was created by customer Request Details http:/imygovhelpadmin.org/WYLIETX/ZAdmin/ServiceRequests/Print.aspx?id 1 1 43&sid=71 17... 09/09/2011 Form Information Follows: NAME - Gaynell Reed DATE_OF_APPLICATION - 03-26-09 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE - Parks and Recreation Board THIRD CHOICE - Public Arts Advisory Board SUBCOMMITTEE - Yes HOME_ADDRESS - HOME_PHON HOME FAX - HOME EMAIL _ RESIDENT_YEARS - 4 CONTACT—METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS NAME - OCCUPATION - BUSINESS_ADDRESS - BUSINESS_PHONE - BUSINESS_FAX - BUSINESS EMAIL - WHY_INTERESTED - It is simple "I love Wylie". I recently retired from Texas Dept. of Criminal Justice with twenty six years of service. I am very interested in the community and it's positive survival. Submit - Submit End of form information II OP . r • • issi • liC ti CITY OF WYLIE Spring 2011 • Please return your completed application to the City Secretary's Office at 300 Country Club Road, Building 100, Wylie, Texas 75098. Name: J Pk?. in IA Please indicate your first, second and third preference below. Construction Code Board Planning&Zoning Board Library Board C---"-Wyke Economic Development Corporation Board Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Public Arts Advisory Board V Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Occupational Information Home Address: Business Owner? 7 Yes ID No Telephone. ax: Business Name: erl‘s 5 cit. E-mail: Occupation: [A.\12.-+,....)er I have been a Wylie Resident for years Business Address: Registered voter? El-Yes No Telephone. - Fax: Have you ever or do you currently serve on any city boards? L Yes If so, what board/city and dates? Are,Kou involved in any community activities? (Civic or Hobbies) WVes -4 o 1)S-50 trys-6-„cfcr'y c ('57 Please indicate briefly why you would like to be appointed to a Board or Commission: t t'e -e•S L -c._ oLh'e_. V c4 r J • I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or vould con ran Iterna appointment to a second or third service preference. 1 1 Signature Date 1OR OFFICE USE ONLy te Application Rceivd0-IW New Applicant. .7 es No If no,applicant previously served on _ Board Via:Owebsite Elmail person Irlreferral Elnewspaper Attended Applicant's Reception?ElYes EINo (dates) Applicant Interview Scheduled: p Appointment made to Term Expires EIStatement&Oath Completed EINo appointment made at this time,retain application for one year. Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: September 13, 2011 Item Number: 6. Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: September 5, 2011 Budgeted Amount: Exhibits: Letter& Applications Subject Consider, and act upon, the acceptance of the resignation of Polly Harrison, Board Member for the Public Art Advisory Board and the appointment of a new member to the Public Arts Advisory Board for the unexpired term of July 2010 to July 2012. Recommendation A motion to accept the resignation of Polly Harrison and the appointment of to the Public Arts Advisory Board. Discussion Polly Harrison has served faithfully as a member of the Public Arts Advisory Board since its inception in July of 2006. Polly has recently relocated out of the City limits. Staff is requesting council to accept the resignation of Polly Harrison and appoint a new member for her unexpired term of July 2010 to July 2012. Staff contacted each applicant attached to explain the meeting times and responsibilities of the Public Arts Advisory Board. The applicants attached have agreed to serve if appointed. Approved By Initial Date Department Director CE 9/O5/2011 City Manager Page 1 of 1 Polly Harrison Wylie, TX 75098 To Whom it May Concern Due to a pending family move out of the city of Wylie (into Murphy), I must resign my position on the Public Arts Advisory Board effective Thursday, August 18th, 2011. I appreciate the opportunity to serve and will continue to support the community of Wylie while making my home in Murphy. Sincerely, Polly Harrison WebQA - W Y LIE 1 X - Stephanie Storm Page 1 of 2 W001143-090911 Board Commission Application Board&Commission Application Details Board&Commission Application Details Full Name: DeeAnn Ross Date of Application: 9/9/2011 Please indicate your first,second and third choices below: First Choice: Public Arts Advisory Board Second Choice: Public Arts Advisory Board Third Choice: Public Arts Advisory Board Interested in serving on No Subcommittes that may be formed": Contact Information Home Address: Telephone: Cell Phone: Email: I have been a Wylie resident for 11 (years): Registered Voter?: Yes Occupational Information Business Owner?: Yes If yes,business name: The Ross Team Occupation: Realtor Business Address: Business Telephone: Business Email: Please indicate briefly why you I enjoy art and large events. would like to be appointed to a Board or Commission: I am aware of the meeting dates and times of the Board/Commission I have applied for and if appointed,I agree to serve on the Board/Commission for which I have applied,or would consider an alternate appointment to a second or third service preference. By submitting this form I agree to the above statement. Message History Date On 9/9/20112:10:24 PM,wrote: Request was created by customer Request Details http:/imygovhelpadmin.org/WYLIETX/ZAdmin/ServiceRequests/Print.aspx?id 1 1 43&sid=71 17... 09/09/2011 Form Information Follows: NAME - Gaynell Reed DATE_OF_APPLICATION - 03-26-09 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE - Parks and Recreation Board THIRD CHOICE - Public Arts Advisory Board SUBCOMMITTEE - Yes HOME ADDRESS • HOME_PHONI HOME FAX - HOME EMAIL _ RESIDENT_YEARS - 4 CONTACT—METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS NAME - OCCUPATION - BUSINESS_ADDRESS - BUSINESS_PHONE - BUSINESS_FAX - BUSINESS EMAIL - WHY_INTERESTED - It is simple "I love Wylie". I recently retired from Texas Dept. of Criminal Justice with twenty six years of service. I am very interested in the community and it's positive survival. Submit - Submit End of form information II OP . r • • issi • liC ti CITY OF WYLIE Spring 2011 • Please return your completed application to the City Secretary's Office at 300 Country Club Road, Building 100, Wylie, Texas 75098. Name: J Pk?. in IA Please indicate your first, second and third preference below. Construction Code Board Planning&Zoning Board Library Board C---"-Wyke Economic Development Corporation Board Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Public Arts Advisory Board V Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Occupational Information Home Address: Business Owner? 7 Yes ID No Telephone. ax: Business Name: erl‘s 5 cit. E-mail: Occupation: [A.\12.-+,....)er I have been a Wylie Resident for years Business Address: Registered voter? El-Yes No Telephone. - Fax: Have you ever or do you currently serve on any city boards? L Yes If so, what board/city and dates? Are,Kou involved in any community activities? (Civic or Hobbies) WVes -4 o 1)S-50 trys-6-„cfcr'y c ('57 Please indicate briefly why you would like to be appointed to a Board or Commission: t t'e -e•S L -c._ oLh'e_. V c4 r J • I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or vould con ran Iterna appointment to a second or third service preference. 1 1 Signature Date 1OR OFFICE USE ONLy te Application Rceivd0-IW New Applicant. .7 es No If no,applicant previously served on _ Board Via:Owebsite Elmail person Irlreferral Elnewspaper Attended Applicant's Reception?ElYes EINo (dates) Applicant Interview Scheduled: p Appointment made to Term Expires EIStatement&Oath Completed EINo appointment made at this time,retain application for one year. Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: September 13, 2011 Item Number: 7. Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: 620-5730-58410 Date Prepared: August 26, 2011 Budgeted Amount: $360,000 Exhibits: Contract Documents Subject Consider, and act upon, authorizing the City Manager to execute a construction contract with Texas Dirt Contractors in the amount of $286,043.00 for the Holiday Terrace and Rush Creek Wastewater Rehabilitation Project. Recommendation Motion authorizing the City Manager to execute a construction contract with Texas Dirt Contractors in the amount of$286,043.00 for the Holiday Terrace and Rush Creek Wastewater Rehabilitation Project. Discussion Funds were approved in the FY10-11 Sanitary Sewer Repair and Replacement fund for the replacement of a deteriorated line in the Holiday Terrace subdivision and an undersized line in the Rush Creek subdivision. On July 7, 2011 five potential bidders attended a mandatory pre-bid meeting, and on July 13, 2011 two bids were received for the project as shown on the attached bid tabulation. In Holiday Terrace, 1,092 linear feet of existing six-inch PVC line will be replace due to deterioration. It will be replaced with 1,092 linear feet of eight-inch SDR-35 PVC pipe and 62 linear feet of six-inch SDR-35 PVC pipe. Two existing manholes that are badly cracked will also be replaced, and 18 service connections will be replaced to the property line. At Rush Creek, the existing eight-inch PVC line will be replaced because it is undersized due to the growth in the service area. It will be replaced with 496 linear feet of ten-inch SDR-26 PVC pipe, 1,076 linear feet of ten- inch SDR-35 PVC pipe, and 52 linear feet of eight-inch SDR-35 PVC pipe. The work also includes seven manholes and four connections. There are no service connections on this particular line. The line being replaced is basically an interceptor line that drains four subdivisions. In addition, the old lift station that was converted to a junction box as the service area developed is being removed. The City Attorney has reviewed the contract documents. Approved By Initial Date Department Director MS 08/26/11 City Manager 9/9/11 Page 1 of 1 PROPOSAL 7.4 TO CITY OF WYLIE, TEXAS FOR HOLIDAY TERRACE AND RUSH CREEK WASTEWATER REHABILITATION PROJECTS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are these named herein, that this proposal is made without 76, collusion with any other person, firm, or corporation; that he has carefully examined the form of contract,Notice to Contractors, specifications, and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work; and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according to the requirements of the ENGINEER as therein set forth. It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the ENGINEER, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the ENGINEER, but not shown on the plans or required by the specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. The undersigned hereby agrees to commence work within ten (10) days after the date written notice to do shall have been given to him, to substantially complete the work within 150 consecutive calendar days, and to achieve final completion of all work within 180 consecutive calendar days after the date when the Contract Time commences to run, subject to such extensions of time as are provided by the General Provisions and Special Conditions. The undersigned further agrees that OWNER may assess liquidated damages in the amount of$240 per calendar day for each day that expires beyond the contract completion dates until the work is substantially and/or finally completed. HELMBERGER ASSOCIATES,INC. CIVIL ENGINEERING CONSTRUCTION MANAGEMENT ENVIRONMENTAL ENGINEERING July 27,2011 Mr.Mike Sferra,Public Service Director City of Wylie 300 Country Club Road Wylie,Texas 75098 RE: Sanitary Sewer Retrofit Project Holiday Terrace and Rush Creek Subdivisions Dear Mr.Sferra, A bid opening was help at 2:00 PM on July 13,2011,in the office of the purchasing department at 300 Country Club Road. Mr.Jim Holcomb,Purchasing Agent,facilitated the bid opening. Two(2)bids were received and opened. The bidders were Whitewater Construction,Inc.with a bid total of$384,542.00 and Texas Dirt Contractors with a bid total of$286,043.00. A copy of the bid tabulation is attached to this letter. The apparent low bidder is Texas Dirt Contractors with a bid of$286,043.00. Whitewater Construction took no issue with any of the contract requirements. Texas Dirt Contractors took exception with one(1)issue. The issue is the contract time allowed in the contract. They state that they feel that 60 days is NOT enough time to obtain substantial completion on the project(our contract documents stated that they would reach substantial completion in 60 days and final completion in 90 days). They state that they will work the jobs consecutively with the Holiday Terrace project being substantially complete within the initial 60 days and Rush Creek 90 days later. I have worked with Texas Dirt Contractors on numerous projects and they are more than capable of handling this project. They are financially stable and have the men and equipment required to perform the work. Our recommendation(because of the tremendous difference in cost is to allow the additional working days and award the contract to Texas Dirt Contractors. � �� ": Thank you for the opportunity to be of service and please call with any comments or concerns. s � 4111 * '4�... acerely, 4i' ' HEUMBEirR CI (ES,INC. a.�.. ..n,.°°° • 10SEPlEE, HEr Jos*E. Vice Presiftent r 12015-1 k lYt'� 1525 BOZMAN ROAD,WYLIE,TEXAS 75098 Phone(972)442-7459 Fax(972)442-1428 TBPE REGISTRATION No.F-000756 Holiday Terrace No. Item Quantity Unit Whitewater Texas Dirt 1 Mobilization 1.00 LS $ 2,000.00 $ 2,000.00 $ 8,000.00 $ 8,000.00 2 8" SDR-35 PVC 1,092.00 LF $ 72.00 $ 78,624,00 $ 26.00 $ 28,392.00 3 4' Diameter Manhole 2.00 EA $ 3,000.00 $ 6,000.00 $ 4,200.00 $ 8,400.00 4 6" SDR-35 PVC 42.00 LF $ 72.00 $ 3,024.00 $ 35.00 $ 1,470.00 5 4"Services 18.00 EA $ 1,500.00 $• 27,000.00 $ 700,00 $ 12,600.00 6 Connect To Ex. Manhole 1.00 EA $ 500.00 $ 500.00 $ 3,000.00 $ 3,000.00 7 Connect to Ex. 6" Sewer 1.00 EA $ 250.00 $• 250.00 $ 1,500.00 $ 1,500.00 8 Remove Ex. 6"Sewer 1,134.00 LF $ 1.00 $ 1,134.00 $ 13.00 $ 14,742.00 9 Remove Ex. Manhole 2.00 EA $ 500.00 $ 1,000.00 $ 2,000.00 $ 4,000.00 10 Temp. Connection Nightly 1.00 LS $ 500.00 $ 500.00 $ 12,000.00 $ 12,000.00 11 Hydromulch and Water 2,500.00 SY $ 2.00 $ 5,000.00 $ 2.75 $ 6,875.00 12 Silt Fence 100.00 LF $ 3.00 $ 300.00 $ 5.00 $ 500.00 13 Trench Safety 1,134.00 LF $ 1.00 $ 1,134.00 $ 1.75 $ 1,984.50 14 Clearing and Grubbing 1.00 LS $ 5,000.00 $ 5,000,00 $ 7,500.00 $ 7,500.00 15 'Vacuum Test Manhole 2.00 EA $ 200.00 $ 400.00 $ 500.00 $ 1,000.00 16 Air, Mandrel and TV Test 1,134.00 LF $ 4.00 $ 4,536.00 $ 2.00 $ 2,268.00 17 SWPPP 1.00 LS $ 2,500.00 $• 2,500,00 $ 4,500.00 $ 4,500.00 Total Holiday Terrace $138,902.00 $118,731.50 . ~ . , Rush Creek No. Item Quantity Unit VVhitovxoiar Texas Dirt 1 Mobilization 1.00 LS $ 2.000.00 $ 2.000.00 $ 8.000.00 $ 8.000.00 2 1O"SDR,26PVC 496.00 LF $ 100.00 $ 49.800.00 $ 30.00 $ 14'880.00 3 10"SDR-35 PVC 1,076.00 LF $ 85.00 $ 91.460.00 $ 29.00 $ 31.284.00 4 8"SDR'35 PVC 52.00 ' LF $ 85.00 ^ $ 4.420.00 $ 35.00 ~ $ 1.820.80 5 4' Diameter Manholes 7.00 EA ' G 5'080D0 $ 35.000.00 $ 4.200.00 $ 20.400.00 6 Connect To Ex. Manhole 3.00 EA $ 500.00 $ 1.500.00 $ 3,000D0 ` $ 9.000.00 7 Connect tn Ex. 8"Sewer 1.00 EA $ 250.00 $ 250.00 $ 2.000.00 $ 2.000D0 O Cap Ex. 6^ Sewer 2.00 ` EA $ 250.00 $ 500.00 8 1.000.00 $ 2.000,00 9 Cap Ex. 8'' Sewer 6.00 EA $ 250.00 $ 1.500.00 $ 1.000.00 $ 6'000.00 10 Remove Ex. Junction Box 1.80 EA $ 2'500.00 $ 2.500.00 $_3'000-_-b0__-$_-3.}U0__.3C- 11 'Remove Ex, Manhole 1.00 EA ' $ 500.00 $ 500.00 $ 2'000�00 $ 2'008.00 12 -Hydro-mulch and Water ` 5.700.00 SY ~ $ 5.00 $ 28.500.00 $ 2.75 $ 15.675.00 13 'Clearing and Grubbing 1.00 ` LS $ 10,000-00 $ 10.000.00 ~ $ 20.000.00 $ 20.000.00 , 14 Silt Fence 1.700.00 LF $ 3.00 $ 5'100.00 ' $ 4'50 $ 7'650�00 15 Trench Safety ' 1,782.00 LF G 1.00 $ 1,782.00 $ 1.75 $ 3.118.50 16 Air. Mandrel and TVTest 1'782.00 LF $ 4.00 $ 7,128.00 $ 2.00 $ 3.564.00 17 Vacuum Test Manholes 7.00 EA $ 200.00 $ 1.400.00 $ 500.00 $ 3.500.00 18 SVVPPP 1.00 LS $ 2,500.00 $ 2.500.00 $ 4'500.00 $ 4.500.00 . ` ^ Total Rush Creek $245.640.00 $167.311.50 Total Both Projects $3D4'542.00 $286'043.00 ` ' ' ^ ' 4 e. BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Perry Marker dba Texas Dirt Contractors as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Wylie as obligee, hereinafter called the Obligee, in the sum of 5 % of the greatest amount bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the principal has submitted a bid for Holiday Terrace and Rush Creek Wastewater Rehabilitation Project NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 13th day of July , 2011 . Perry Marker dba Texas Dirt Clontracirs `' (Pnhcipal) BY: -, f TITLE: _._ .:: _1 (' -e.. SURETEC INSURANCE COMPANY BY: j ° I — Beverly Webb ,Attorney-in-Fact SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439.You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. POA#: 5118667 ' SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Beverly Webb its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Principal: Perry Marker dba Texas Dirt Contractors Obligee: City of Wylie Amount: $ Five Percent of the Greatest Amount Bid (5% GAB) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 3rd day of September,A.D.2010. i,,4 SURETEC INSURANCE COMPANY �aANe Ma q '�' By: w ii ui ' �_ J n Knox J .,President State of Texas ss: 2' r ' 5 frza • County of Harris `� ` 1.. J,.s` * On this 3rd day of September,A.D. 2010 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. "'"�. ., JACQUELYN MALD+DNADO :' Notary Public,State of Texas /_, tidal:16f....;•. ,= My Commission Expires /IA{/Vi %a;a;�o,°: May 1 9, 20€3 acuelyMado,Notary Public ` y commission expires May 18,2013 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company, which is still in full force and effect;and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 13th day of July , 2011 , A.D. M.Brent Beaty,Assistant Secre ary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH CENTRAL TEXAS. ___ __ _ _October 2004 Form A.2. STANDARD CONSTRUCTION CONTRACT STATE OF TEXAS § 1 f. !�it" § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF (,,Of § ►ram.-, g ~Mh THIS CONTRACT's made and entered into on this the I day of 's�%F+r.M g*# 20 11 cr `{,t1.y by and between the r Ott11Ye (hereinafter referred to as"OWNER")and.11gYAS pier C664 CrbRS (hereinafter referred to as "CONTRACTOR"). In consideration of the mutual covenants hereinafter set forth,the OWNER and CONTRACTOR agree as follows: Article I.Work The CONTRACTOR shall perform all of the work as specified in the Contract Documents. The work is gener Ily described as follows: 14r to r T ,c. ' ° kuStA e k VSra 1Gtsrrez 12.t4Aeit t Carta jvb.)t . Plans and Specifications prepared by: All extra work shall be performed as specified or indicated in the Contract Documents; and, at the CC TRACTOR'S own cost and expense,the CONTRACTOR shall furnish all the materials,supplies,machinery,equipment,tools,superintendence,labor,insurance,and other accessories and services as may be necessary in order to complete the construction,as described above and in accordance with the Contract Documents unless otherwise agreed to by the OWNER. Article II.Contract Documents The Contract Documents may only be altered, amended or modified as provided in the General Conditions. The Contract Documents consist of: this written agreement setting forth the work to be performed; advertisement, if any; instructions to bidders, if any; proposal; addendum; specifications, including the general, special, and technical conditions, provisions, plans, or working drawings; any supplemental changes or agreements pertaining to the work or materials therefor; bonds; the Standard Specifications for Public Works Construction published by the North Central Texas Council of Governments, as amended; and, any additional documents incorporated by reference. These form the Contract Documents and all are as fully a part of the Contract as if attached to this agreement or repeated herein. Article Ili.Contract Time The CONTRACTOR shall perform and complete all the items of work listed and referred to in the Contract Documents within 46. calendar days. All limitations of time set forth herein are material and are of the essence of this Contract. Article IV.Contract Price The OWNER shall pay the CONTRACTOR for completion of the work in accordance with the Contract Documents using current funds. Such payments shall be subject to the General and Special Conditions to the Contract,as contained in the Contract Documents. Article V.Debts The OWNER may,at its option,offset any amounts due and payable under this Contract against and debt(including taxes)lawfully due to OWNER from CONTRACTOR, regardless of whether the amount due arises pursuant to the terms of this Contract or otherwise and regardless of whether or not the debt due to OWNER has been reduced to judgment by a court. Article VI.Miscellaneous Provisions The terms used in this Contract shall have the same meaning as designated in the General Provisions of the Standard Specifications for Public Works Construction, North Central Texas Council of Governments, as amended. The Contract Documents,which constitute the entire agreement between the OWNER and CONTRACTOR, are listed in Article II. No assignment by either party hereto of any rights under or interests in the Contract Documents will be binding on the other party hereto without the written consent of the party sought to be bound. The OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives hereto to the covenants,agreements,and obligations contained in the Contract Documents. IN WITNESS WHEREOF,the OWNER and CONTRACTOR have executed this Contract in duplicate and on the date aforementioned. All portions of the Contract Documents have been signed or identified by the OWNER and CONTRACTOR. CO RACTOR: ATTEST: OWNER: ATTEST: B . / ip/t 1G. Printed Name: _By: Printed Name: Ti °VA/p /v %Jtt Title: , t ' . . . . ; . . . . GTANDAFi0 5 u qinc_AnaNS PipITRUBLIC WORKS CONSTRUOTION-NORTH 91NrrTIA1..TE4A$ October actg.*, Bond No. 5118667 ' rorm A.3. ' PERFORMANCE BOND STATE OF TE XAS g KNOW ALL.MEN BY TI4ESE PRESENTS; . . Cllin COUNTY OF, o 5 • THAI Texas Dirt Contractors .4 corporation organized and existing under the laws of the • state of Texas ,and fully authc,Ized to transact business h the State of Texas,whose address is 2607 Manor Way of eic City or, Dallas .cwrify of Dallas Texas ._.,onrolnartor referred to in.prinoipor,),and •surl'eC insurance Company (hereinafter referred to as°Slimy),a corporation organized under the tains of the State rot Texas and euViorigaa tinder the laWi,of the State of Texas to act as surety on bonds for principle,are held and firmly bc,und u City of Wyliento (hereinafter referred to as'owiasni in the penal Bum of$286,043-00 (not lees. than 100%of the approximate total amount of the Contract es evidenced in the proposal plus 10.peroent Of the stated penal sum as an additional sum of menet representing additional court expanses,attorneys'fees, and liquidated damages arising out of or connected with the belaW Identified Contract)In lawful money of the United Slates,for the payment whereof,the said Principal and Surely bind themselves,end their heirs,administrators,executors,successors,and assigns,jointly and severally,firmly by these presents; WHMSEAS,the Principal has entered Into a canain written ConlitOt with the OWN ,dated Ina 1st day ot September 20 al ,to which said Contract is hereby referred to and made a part hereof and as fully and to the same extent as It copied at length herein for the.:ons.truction ef Holiday Terrace and Rush Creek Waste Water Rehabilitation Protect - Nto'11,THEREFORE,the condition of this obligation Is such,that if the said Plthelpal'hilly and faithfully executes the work end performance,sf the Contract in accordance with the plane;specflIcations, and Contract Oecumenic,including any extensions thereof which may be granted with cur wilhoul notice to Surety, during Ins oqnel term thereof,and during the life of any guaranty required under the Contract,and according to the true Intent and meaning of saki Ccalrect and the plans and opecilioalions hereto annexed,if the Principal shall. repair and/of replace as defects dua to faulty materials or workmanship that appear within a period of one year from the data of final completion ar,d and acceptance of the work by owame;rind If the Principal shall fully Indemnify and save harmless the()Winn from all costs and damages which OWNER may suffer by reason of failure to so perform herein and shall fully reimburse end repay OsvNER all outlay and expense which the OWNER may Incur In making good any default or dulloisnoy,then Mr obligation shall be void;oaten/Ilse.to remain in full lame and offt let and In caw said c ort-rmaron shall NU to do so,it is agreed that the OwNER may do said work and supply such materiels. end charge ea seine against said CONTRACTOR and Surety on this obligation. Provided further,that If any legal action be filed on linie Bond, venue shall lilt in Collin County,Texas. PH DVIDED, HOWEVER, that this Bond is executed pursuant to the provisions TexasGovernment Code, Chapter 2253, as: amended,and Adel°7.1e-1 of the insurance Code,as amended„and en liablUdos on this bond shall be determined In accordance with the provisions ol told articles to the same extent es If they were fully copied at length herein. Sui oty,for value reoeived,stipulates end agrees that the bond shall autornetically be Increased by the amount of any chance order or eupplernerdel.agreement which increases the Contract price with or without notice to the Surety,but in ire avant shall a Change Order or Supplemental Agreement wteoh reduces the Contract price decrease the penal sum ol thin Bond, And further that rro change,extension al time,alteratino,or arldRion to the terms of the Contraat, or to the work performed thereunder, or the piens, epecMCatlene,or drawings accompanying the same shall in any way affect Its obllgetion on this bond,and it does hereby waive notice of any suoh°hangs,extension of time,altered(n,or addition to the terms of the Contract or lo the work to be performed thereunder_ Su sty agrees that the bond provides for iho repairs and/or replacbment of an defect due to levity materials and vroilcitilanahJp that appear withir a period of one(I)year-from the date of comply:Ian end acceptance of the Improvement by the oiNNEP. Thi endarelOneci and • - a. ,.d agent is hereby clasIgnatad by$i.ustyIiereIn tie Ilie agent reSIde-nt to whore any tee/Wenn hate may be cielioired.ond on whom ' se 0 process may be had In matters adsing trt or such suretyship. ' IN A -- -$S WI-IER.0 he aid Principal end Surety have sighed a soOrd inls Instrument err We The , day of.Sept-rnber ' ft0 11 ,. . I .., I 7 WITNESS - I . ' -, ,,-,"r4+...,,-,4, -- -,../..- e-/ee-1, Via -r —2,-/Y:' (I' ' .wrimmierarrAs _ . yr Frintatf/ty;pe me The: 6../ ../.,z-',..,-, ' company: Texas Dirt Contractors .. , / , ,_- Ada 2'807 Manor Way, - -- 5UR Dal ras, ,T X 75235.,_ ei printaafTyptd Natrit,Bever1 Webb Title; Attorney-in-Fact . • company:..§...tsgri , Insurance .p.,11113,gn _ _ . — Address; 5741 Legacy Drive, Suite 210, Plano, .:1,L2 ___,i The Res er Agent of Ihe re letttelivery ol notiCe an enrIce of plueses 1G: . , Name; Address; Note: Dale of Bond must NC.I bq Phone numbs?: - , l.a$ prior to date of ConTact„ • . . • •• • STANDARD,AEC-CIFICATlONS FOR PlfBl IC,yZ ss CDNSTRUQT1QN»N©RTl•1 CENIR®L.TEXAS. Odt4hot 2004, Forum A4 . Bond No. 5116667 PAYMENT BOND STATE CFiE3(AS g C©tiNTY OF collie § KNOW ALL MEN Et THESE PRESENTS: TEAT Texas Dirt Contractors , a corporation organized and exetine under the laws of the • State of Texas ,and fully authorized to transact business Friths Stara of Texas,whose address is 2607 Manor Way Dallas Dallas of the City a} ,County o{ ,elate of. ,,,(hereinafter referred to as'Principal"),and SureTec Insurance Company arelnafter referred to as"Sure ,a corporationTexas m ty) organized under the laws of the State of anti authorized under the tags of the State of Texas to act as Surety on bonds for principals,are held and firmly bound unto city of wyl ie (hereinafter referred to as'OWNER")and unto all persona,Turns and corporations who may famish rnaterlafs for or perform label upon the buiidingy-,struclurw or Improvements referred to in the attached Contract,in the penal sure of$2 e 6,04 3.00 (not Less than 100%of the epprotdmate total amount of the Contract as evidenced Intha proposal)In lawful money of the United Stales, for the payment whereof,time aalci Prinoipet and Surety bind lhemsefvas,and their heirs,administrators,executors successors,and assigns, Jointly and severally,firmly by these presents; WIIEREJtS,the Principal has entered Into a oeraln written Contract with the owNea,dated the ls� day of September 20 11 to which said Contract Is hereby referred to and made a part hereof and as fully and to the same relent at if coplad al length herein for the construction of Holiday Terrace and Rush Creek Waste Water Rehabilitation Project NCNy,THEREFORE,the condition of this obligation Is ouch,that the bond guarantees the full and proper protection of all olaknanis supplying leer and malarial In the prcaecertion of the work provided for In said contract end for the tit of each claimant,and that conversely should the Ptnalptl faithfully perform said Contract and in all respects duly and fahhfully observe and perform all and singular the covenants, conditions,aid agreements In end by Said Contract,agreed to by the Principal,and occurring to The true Intent and meaning of said Contract and the r'alms and specdicedor s hereto annexed,and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to Surety being hereby waived,then Ns obligation shall by void;othemise,to remain in full tome and effect, Provided huller,that It any legal action be filed on this Pond,venue shall fie in Collin County,Texas, PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions Texas Government Cada, Chapter 2253, as amended,erd Article 7,19-1 of the Insurance Code,as amended,and all liabilities on this acrid shall be determined in accordance with the.' provisions of said articles la Cie same extent as if they were fully copied at length herein. Suety,for value received,stipulates and agrees that the Dond shall automatically be Increased ay the amount of any Change Order or supplemental agreement which fncreesee the Contract price with or without notice to the Surety and that no change.extension of time, alteration. or addition to the terms 4t the Contract, or to the work performed thereunder, or the•peens, specltieadons, or drawings accompanylr o the same ehall In any way affect ita obligation on title bond,and It doss hereby waive notice of any such change,extension of rime,alteratltin,or addition To the term&of fhb Contract or to the walk to be performed thereunder_ . Thl undersigned and d Hated agent Is hereby designated by surety herein as tote agent fe5idetrt to wh©nt My requisite notice may be deliwured and an who ;"and of process may be had In matters arising out at such suretyship, I ' ESS WHE-t OF, ;t eald Prinaipal and Surely have signed-and sealed this instrument on this the. let 1 - day C_S ep ..-mbar go 11 r NW VVITTIESS-- imidAL � ', s R PdntedfT `d Name 4/.2_ -.0 .— Title; t`40�--;,'1,% __ Company: Texas Dirt Crontractors _7.1 Addfas.: 2607 Manor Way, Dallas, TX 75235 ` I'fNES3 (1 ! 1` f w. SURET'1' `ry Prtntedflvpo4 tJaritine Beverly Webb ^��, Talc At_coney - ac Ccmpany;,,,_._Cure.TPc 5 �e company Addtese: 5741 Legacy Drive, Suite 210, Piano, TX 75024 The R skleni:Agent o4 a Ssety for delivery of note rid service °csss le; llama ,s;,1, f�`rtS.�(a. - cos.,y-'e►e Address, py t to ire r.t1s :ll Tx ?.moo t„-) Nato: Cate of Bond must NOT be Phone numbs tr: 9'12• prier to dabs 01 Corrtraat, POA#: 5118667 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Beverly Webb its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Principal: Perry Marker dba Texas Dirt Contractors Obligee: City of Wylie Amount: $ 286,043.00 and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 3rd day of September,A.D.2010. ivilPIPIntry, SURETEC I URANCE COMPANY SURAN ii,' 1t 9 Al By: w w D' J n Knox J .,President i State of Texas ss: 7`. 4 / County of Harris '` On this 3rd day of September,A.D.2010 before me personallyMcame John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas,that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. "4' JAC y Public, MAID�NTex:' Notary Public,State of Texasi,,c My Commission Expires ,4 :r'Oss` May 18, 20 i 3 a uel Matoidenotkr" do,Notary Public y commission expires May 18,2013 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company, which is still in full force and effect; and furthermore,the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seat of said Company at Houston, Texas this 1st day of September , 2011 ,A.D. M.Brent Beaty,Assistant Secre ary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. 08/23/2011 12:29 9724366733 ' LEWTSVILLE INSURANCE PAGE 01/05 ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE(Mroupt»rmY)Q[Z,$[2©11 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LEWISVILLE INSI7RANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR PO Box 916 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lewisville, TX 75067-0916 I (972) 436-6608 1INSURERS AFFORDING COVERAGE NAIC# INSURED TEXAS DIRT CONTRACTORS INSURER k UNITED FIRE GROUP PERRY M.RKER INDIVIDUAL WSURER B PROGRESS:IVE P 0 BOX 36348 INSURERc: ACE AMERICAN INSURANCE cOIIPAIEY DALLAS, TX 75235-6348 INSURER 0: I 4,151,1rIER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERSI OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIN ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR AOC%. POLICY NUMBER POLICY EFFECTIVE POLICYEXa1RATION LIMITS LTR INBRC TYPE OFIN:IURANCEDATE(MM/OD/YYI D4TEEIMMIPDm�1 GENERAL LIAIIILITY EACH OCCURRENCE IS 1,000,000 X COMMERCIAL G?O DAMAGt FU KEN ItLIRAL LIABILITY PREMISES Ma occurence) S A.©0,00 0I j ,. CLAIMSMAI7E X OCCUR MEDEXP(Any ono person) 15 5,000 A 85311247 6/15/11 06/15/12 FE RSONALSAOVINJURY s 1 000 f000 GENERAL AGGREGATE S 2,000 ,000 GENL AGGREGATE I NIT APPLIES PER: PRODUCTS-COMP)OP AGG $ 2,000,000 POLICY I A I-0 6 7 LOG AUTOMOBILE LIABILI Y COMBINED SINGLE LIMIT ANY AUTO (Ee eacldsrn) $ 1,000,000 ALI.OWNED AU1 OS BODILY INJURY X SCHEDULED Al)IDS (Par Ftrs©n) — B x HIRE,°AUTO$ 04477773-0 12/17/10 12/17/11 BODILVINJURY = X NON-OWNEDALTOS (Past:Iwo — PROPERTY DAMAGE 3 (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN. EAACC € AUTOQNLY; AGG S • _--! EXCESS/UMBRELLA I.IABILRY EACH OCCURRENCE IS OCCUR CLAIMS MADE AGGREGATE I S I S DEDUCTIBLE $' 1 I RETENTION S S WORKERS COMPENSAT IOF AND WOG ILAMIII79 X I OF- EMPL LIABILITY ANY;MOP AlaroaNARTFRr wcunYE OCAN04192072002 06/15/11 06/15/12 E,L.EACH ACCIDENT $ 1,000,0©© C CFFICSR/MEMBER EUCLUCED7 EL DISEASE-EA EMPLOYEES 1,0 0 0,000 IlyrY.cC��ddttrd3fl Urldel I .` SPECIAL PROVISIONS ReIDY E.L DISEASE-POLICY LIAM $ 1,000,000 A OTHER EQUIPMENT IM8045061 06/15/11 06/15/12 910,332 RENTED 25,000 A BUILDING 85311247 06/15/11 06/15/12 159,000 A PERSONAL PROPERTY 185311247 06/15/11 06/15/12 DESCRIPTION OP OPERATIONS!LOCATIONS!VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ALL LIABILITY POLICIES CONTAIN CROSS LIABILITY AND SEVERABILITY OF INTEREST CLAUSE. THE FOL.:CY INCLUDES A WAIVER OF SUBROGATION IN FAVOR OF THE CITY AND THE ENGINEER WITH RESPECT TO WORKERS' COMPENSATION, GENERAL LIABILITY AND AUTO POLICIES. ENDORSEMENTS ATTACHED CERTIFICATE HOLDER — CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ExPIRATIQN CITY OF WYLIE DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS WRITTEN 300 COUNTRY CLUB RD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE,LEF T,BUT FAILURE TO DO SD SHALL W7CLIE, �('X 75098 IMPOSE ND OBLIGATION OR LIABILITY OF ANY KIND IJPON THE INSURER.ITS AGENTS OR REPRESENTATIVES.. 772EOREPPJf7 S TIME l ACORD 25(2001/08) @ ACORD CORPORATION 1988 08/23/2011 12:29 9724366733 LEWISVILLE INSURANCE PAGE 02/05 POLICY NUMBER: UNITED FIRE 85311247 06/15/11-16/15/12 TEXAS DIRT CONTRACTORS CON.fMERCIAL GENERAL LIABILITY CG 20 10 1185 THI5', ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - Form B This ondorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Nam,: of Person or Organization: CITY OF WYLIE 300 COUNTRY CLUB RD WYLIE, TX 75098 (If n)entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WI-10 IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. CG 2(. 10 11 85 arlynght fnsurance Services Officcs.Inc.1484 08/23/2011 12: 29 9724366733 LEWISVILLE INSURANCE PAGE 03/05 POLICY NUMBER: UNITED FIRE 8531 [247 06/15/11-06/15/12 TEXAS DIRT CONTRACTORS COMMERCIAL GENERAL LIABILITY CG 24 01 10 93 THIE. ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY. AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF WYLIE 300 COUNTRY CLUB RD WYL 1.E. TX 75098 (if nc entry appears above, information required to complete this endorsement will be shown,in the ditclarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition(Section IV-CDMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person of organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing oper.tions or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to the person or orgar ization shown in the schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Utli Z.d/L011 iz:'29 9724366733 LEWISVILLE INSURANCE PAGE 04/05 TE 20 46A (Ed.Effective 3/92) CHANGES IN TRANSFER OF RIGWIS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endc rsement Effective Policy Number 12/1"r/10 , 04477773-0 Named Insured I ERAS DIRT CONTRACTORS Countersigned by The CONDITION entitled "TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US- docs t lot apply to CIF' OF WYLIE 300 COUNTRY CLUB RD WYLIE, TX 75098 Any i:erson or organization which a Named Insured has by written contractual agreement executed prior to an ocurrence or accident agreed to waive its recovery rights. FO.R14 TE 20 46A- CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US(WAIVER OF SUBROGATION) Texas Standard Automobile Endorsement Prescribed March 16. 1992 66/23/2011 12: 29 9724366733 LEWISVILLE INSURANCE PAGE 65/05 WC 42 03 04A(Ed.01-00) (01-00) TEXAS WAIVER OF OUR RIGHTS TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the Insurance provided in the policy because Texas is shown in item 3.A of the information Page. Wc buve the right to recover our payments from anyone liable for an injury covered by this policy. We will not en forcc our right against the person or organization named in the Schedule,but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This t ndorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( )Special Waiver Name of person or organization: (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. 1 remium The premium.charge for this endorsement shall be percent of the premium developed on payroll connection with work performed for the above person(s)or organization(s)arising out of the c,perations described. 4. ikdvance Premium: This endorsement changes the policy to which it is attached effective on the inception date of the policy unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation of policy.) indorsement Effective:06/15/1 1 Policy No. OCAN04192072002 Endorsement No. nsured: TEXAS DIRT CONTRACTORS t-emiurn$ nsurance Compa :ountersigned b ic 273s(01-00) NC 42 03 04A(Ed.01-00) Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 13, 2011 Item Number: 8. Department: Public Services (City Secretary's Use Only) 447-5447-58150 Prepared By: Mike Sferra Account Code: 7CA-6570 Date Prepared: August 23, 2011 Budgeted Amount: $343,121 Exhibits: Contract Documents Subject Consider, and act upon, authorizing the City Manager to execute a construction contract in the amount of $343,121.00 to Musco Sports Lighting, LLC for the installation of sports lighting as part of the 2011 Community Park Improvements Project. Recommendation Motion to authorize the City Manager to execute a construction contract in the amount of$343,121.00 to Musco Sports Lighting, LLC for the installation of sports lighting as part of the 2011 Community Park Improvements Project. Discussion As part of the improvements to Community Park, athletic field lighting for baseball will be installed. The sports lighting components are provided by Musco Sports Lighting, LLC, an industry leader in this type of equipment. All equipment including installation costs are available through Buy Board, and therefore they have already been subject to the competitive bidding process. The City already has existing Musco sports lighting at the developed part of Founders Park, and it has proven to be extremely reliable and trouble free for the past ten years. Additional Musco lighting was installed with the recent improvements at Founders Park. On June 14, 2011, Council approved a construction contract for the 2011 Community Park Improvements Project. That agenda item explained that a loan in the approximate amount of $440,500 would be used to acquire the athletic lights. The loan amount includes the Musco lighting, plaza and infield lighting package (conduit and conductor), outfield lighting package (conduit and conductor), and one light pole relocation. The delivery time for the athletic lights is 30 — 45 days after receipt of order. The Finance Department is preparing the agenda item regarding the loan for the October 11 Council meeting. The proposed equipment is from Musco's line of Light Structure GreenTM Sports Lighting which has many desirable features including: • Precast concrete bases • Galvanized steel poles • No maintenance costs for 25 years (25 year warranty on all lamps, ballasts, fuses, and light levels) • 50%less spill lighting than previous Musco technology Page 1 of 2 Page 2 of 2 • A group relamp performed at no cost at 5,000 hours • Reduced energy consumption • Factory wired, aimed and tested • Digital cell communication for remote controlling and programming of light operation and scheduling Musco is a business based in Iowa for 30 years, and their lighting components are used extensively on a wide range of sports venues throughout the world including the Olympics, Daytona International Speedway, Disney, USTA Tennis, US Soccer Foundation, Little League Baseball and Softball, etc. Musco provides their own contractor to install the equipment, and they will coordinate with the project's General Contractor on scheduling and sequencing of the work. The City Attorney has reviewed the contract documents, and the vendor agrees to all terms and conditions. Approved By Initial Date Department Director MS 08/23/2011 City Manager IIII 9/9/11 AGREEMENT FOR NEW LIGHTING AT COMMUNITY PARK This Agreement (the "Agreement") is made and entered into this the c:191 day of rzY1Z , , 2011, by the City of Wylie, Texas (hereinafter called the "City"), a Texas munic. 1 corporation, and Musco Sports Lighting, LLC, an Iowa Limited Liability Company (hereinafter called the "Contractor"). WITNESSETH: WHEREAS, the City desires to install new lighting for Wylie Community Park Softball & Baseball, Project No. 145319 (the "Community Park); and WHEREAS, Contractor specializes in the installation of sports complex lighting, using the Light Structure Green System; and WHEREAS, pursuant to § 791.001, et seq., Texas Government Code, the City located Contractor through an interlocal cooperation contract, and is therefore not required to submit to the competitive bidding requirements; and WHEREAS, City has determined that it is in the best interest of the public to hire Contractor to install the lighting and provide the services described herein. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1. Scope of Services. The Contractor shall install sports lighting equipment, using the Light Structure Green System at Community Park (the "Project") upon the terns and conditions set forth in the Agreement Documents (as defined below) and shall furnish all personnel, labor, equipment, supplies and all other items necessary to provide the work as specified by the terms and conditions of the Agreement Documents. 2. Term. Perfoiinance of the Project shall commence upon the execution of this Agreement. The Project shall be fully operational within three hundred sixty five (365) days of commencement of the Project, as solely deteiinined by the City. 3. Contract Price. In exchange for those services described in the Agreement Documents, the City agrees to pay Three hundred forty-three thousand one hundred twenty-one dollars and 00/100 ($343,121.00), which includes the cost identified in Exhibit "A," attached hereto and incorporated herein for all purposes, and the payment and performance bonds. The Contractor may invoice the City for: • the sports lighting equipment upon delivery of the sports lighting equipment. The City shall pay the Contractor the full invoiced amount within thirty(30) days after receiving the invoice. AGREEMENT FOR NEW LIGHTING AT COMMUNITY PARK Page 1 596437.1 • the installation of sports lighting equipment once the installation of the sport lighting equipment is completed. The City shall pay the Contractor the full invoiced amount within thirty (30) days after receiving the invoice. The City will withhold five percent (5%) of the installation invoice as retainage until the sports lighting equipment is accepted by the City as fully operational. 4. Agreement Documents. The "Agreement Documents", as that term is used herein, shall include the following documents, and this Agreement does hereby expressly incorporate same herein as fully as if set forth verbatim in the Agreement: A. This Agreement; and B. The Musco Buy Board Quote attached hereto as Exhibit"A." C. The Scope of Work attached hereto as Exhibit"B." This Agreement shall incorporate the terms of Exhibit "A" in its entirety. To the extent that Exhibit "A" is in conflict with provisions of this Agreement, the provisions of this Agreement shall prevail over the provisions of Exhibit "A," and the provisions of Exhibit "A" shall prevail over the provisions of Exhibit"B." 5. Performance and Payment Bond. At the time of execution of this Agreement, City shall require Contractor to execute and deliver to the City the following: a. A payment bond equal to the total cost of the Project, with a reputable and solvent corporate surety, in favor of City, to indemnify City against any claims for nonpayment of any part of the construction work performed in connection with the Project. b. A performance bond in an amount equal to the total cost of the Project, with a reputable and solvent corporate surety, in favor of the City, to guaranty construction and completion of the Project. 6. Entire Agreement. The Agreement Documents contain the entire agreement of the parties with respect to the matters contained herein. All provisions of the Agreement Documents shall be strictly complied with and confoinied to by the Contractor, and no amendment to the Agreement Documents shall be made except upon the written agreement of the parties, which shall not be construed to release either party from any obligation of the Agreement Documents except as specifically provided for in such amendment. 6. Insurance. The Contractor shall procure and keep in full force and effect throughout the term of this Agreement all insurance policies with those coverage amounts deemed necessary by the City. Contractor shall present the City with a copy of their Certificate of Insurance, which AGREEMENT FOR NEW LIGHTING AT COMMUNITY PARK Page 2 596437,1 shall name the City as an additional insured party. Certificates of Insurance shall be provided to the City in the following amounts: General Liability: $1,000,000.00 injury/property damage per occurrence, $2,000,000.00 General Aggregate Commercial Auto: $1,000,000.00 injury/property damage per occurrence, $2,000,000.00 General Aggregate Workers Compensation: Statutory Limits 7. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 8. Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR, ITS OFFICERS, DIRECTORS, PARTNERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUS TEES (COLLECTIVELY REFERRED TO AS "CONTRACTOR" FOR PURPOSES OF THIS SECTION), AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS OFFICERS, COUNCIL MEMBERS, REPRESENTATIVES, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO AS "CITY" FOR PURPOSES OF THIS SECTION) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, INJURIES (INCLUDING DEATH) LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS OF DEFENSE) ARISING DIRECTLY OR INDIRECTLY OUT OF THE OPERATION OR PERFORMANCE OF CONTRACTOR UNDER THIS AGREEMENT. THE CITY WILL NOT ACCEPT LIABILITY FOR INJURIES THAT ARE THE RESULT OF THE NEGLIGENCE, MALFEASANCE, ACTION OR OMISSION OF CONTRACTOR. CONTRACTOR AGREES TO ACCEPT LIABILITY FOR INJURIES TO ITSELF OR OTHERS CAUSED BY ITS OWN NEGLIGENCE, MALFEASANCE, ACTION OR OMISSION. THIS INDEMNIFICATION PROVISION IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN CONTRACTOR AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH THE CONTRACTOR, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL,STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM,WHETHER IN TORT,CONTRACT OR OTHERWISE. AGREEMENT FOR NEW LIGHTING AT COMMUNITY PARK Page 3 596437.1 IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY OWNER IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CITY'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CITY'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. OWNER SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF OWNER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND OWNER SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 9. Venue. This Agreement shall be construed under and in accordance with the laws of the State of Texas and venue shall be in Collin County, Texas. 10. Binding Effect. This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement. 11. Ordinances. Except as specifically provided in the Agreement Documents, the parties agree that contractor shall be subject to all Ordinances of the City, whether now existing or in the future arising. 12. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 13. Assignment. This Agreement may not be assigned without the written agreement of both parties. 14. Sovereign Immunity. The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 15. Notice. AGREEMENT FOR NEW LIGHTING AT COMMUNITY PARK Page 4 596437.1 Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same, to the addressee thereof Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Contractor, to: Musco Sports Lighting, LLC Attn: 100 1st Avenue West Oskaloosa, Towa 52577 If to City, to: City of Wylie Attn: City Manager 100 Country Club Drive Wylie, Texas 75098 16. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 17. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its legal counsel. 18. 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. 19. Default and Remedies. If any party fails to perfoiin any of its obligations under the Contract Documents, such failure shall constitute a default. The nondefaulting party shall give the defaulting party written notice of the default. The defaulting party shall have ten (10) business days after the receipt of such notice in which to cure the default. Failure to cure the default shall constitute a breach of this Agreement. In the event of a breach, the non-breaching party may terminate this Agreement and may obtain any reasonable remedy provided by law. 20. Conflict of Interest. Contractor agrees to execute the Conflict of Interest Questionnaire AGREEMENT FOR NEW LIGHTING AT COMMUNITY PARK Page 5 596437.1 attached hereto as Exhibit"C." IN WITNESS,WHEREOF, we,the contracting parties, by our duly authorized agents, hereto affix our signatures and seals on this the day of , 2011. CITY OF WYLIE, TEXAS a Texas municipality By: Mindy Manson, City Manager ATTEST: APPROVED AS TO FORM: Carole Ehrlich, City Secretary ABERNATHY, ROEDER, BOYD & JOPLIN, P.C. Courtney A. Kuykendall, City Attorney Musco Sports Lighting,LLC a : ; 1-:Obi.Is Nt\i By: Print ame: Ja MP S M. n s en Title: Secretary AGREEMENT FOR NEW LIGHTING AT COMMUNITY PARK Page 6 596437 I STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Mindy Manson, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the City of Wylie, Texas and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2011. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared 1.4 known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for Musco Lighting and he/she executed said instrument for the purposes and consideration therein expressed. GIVE UNDER MY HAND AND SEAL OF OFFICE this �l day of I`. , 2011. c MotELLIrNDA K. WALTER Notary Public in and for the St to of Texas Commis • # 74 4 My Commission Expires: !1 q/jMy Commission ExpiresliQ„ I .. J V N AGREEMENT FOR NEW LIGHTING AT COMMUNITY PARK Page 7 596437.1 Exhibit "A" AGREEMENT FOR NEW LIGHTING AT COMMUNITY PARK Page 8 596437.1 Wylie Community Park Softball & Baseball Wylie, TX Date: July 19, 2011 To: Mike Sferra, City of Wylie Park/Rec & Field Lighting #364-10 Vendor# 528 Quotation Price-Materials and Pole In Air Installation Musco's Light Structure GreenTM as described below and delivered to the job site$343,121. *includes bonding Equipment Description Light Structure GreenTM System delivered to your site in Five Easy Pieces TM • Pre-cast concrete bases • Galvanized steel poles • UL Listed remote electrical component enclosures • Pole length wire harness • Factory-aimed and assembled luminaires Also Includes: • Energy savings of more than 50%over a standard lighting system • 50%less spill and glare light than Musco's prior industry leading technology • Musco Constant 25TM product assurance and warranty program that eliminates 100%of your maintenance costs for 25 years, including labor and materials • Guaranteed constant light level for 25 years, +/- 10%per IESNA RP-06-01 • 1 group re-lamp at the end of the lamps' rated life, 5000 hours • Reduced energy consumption • Control Link®Control & Monitoring System for flexible control and solid management of your lighting system • Lighting Contactors sized for 480 Volt 3 phase Sales tax of the equipment is not included as part of this quote. Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential. Divulging technical or pricing information to competitive vendors will result in removal from the bid list. ©2009,2010 Musco Sports Lighting,LLC 1 SD-2565-2 Payment Terms Net 3O days from invoice date Late payment will be subject to service charges of11/2%per month (18%APR). Musco will make every effort to coordinate shipment so that delivery corresponds with the customer's payment schedule. We will expect payment within the terms described above unless there is a written statement from K8uaco'a corporate headquarters stating the acceptance cf different terms. Delivery to the job site from the time of order, submittal approval, and confirmation of order details including voltage and phase, pole locations ia approximately 3D-45 days. Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations after the product iwsent to production could result in additional charges. Motes Quote is based on: ° Shipment of entire project together to one location ° Field size of 28073007280'for Field 1; 225'for Fields 2 & 3; 250'for Field 4 ° 480 Volt, 3 Phase electrical system requirement ° Structural code and wind speed = 2UU6 IBC, 9O MPH Exposure C' ° Confirmation of pole locations prior toproduction Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions. Chris Johnson Field Sales MuaooGporta Lighdng, LLC Phone: 214'733'2927 E-mail: ohriojohnaon@muuoo.00m Fax: 866-930'8190 Exhibit"B" AGREEMENT FOR NEW LIGHTING AT COMMUNITY PARK Page 9 596437 1 POLE IN AIR SCOPE OF WORK Date: July89,2011 Project: Wylie Community Park SB BB Project#: 145319 Owner Responsibilities: l. Complete access to the site for construction utilizing 2 wheel drive rubber tired equipment. 2. Locate existing underground utilities not covered under the "One [uU'', mark irrigation systems, sprinkler heads, verify pole locations and field boundary lines per Musco supplied layout. 3. Extra costs associated with foundation excavation in non-standard soils (rock, caliche, high water 1ub\m, collapsing holes, etc.). Standard soils are defined as uoUu that can be excavated using standard earth auguring equipment. 4. Electrical design 8cinstallation. 5. Provide equipment and materials hn install (2) new Lighting Contactor Cabinet and terminate all necessary wiring. Contactor cabinets will he delivered with poles and fixtures. 6. Contractor will commission Control Link by contacting Control Link Central uL (077-347-]319) and going through the following steps: 7. Check all Zones Lo make sure they work iu both auto and manual mode. 8. | hour comprehensive bum of all lights on each zone. g. Set base line for the DA8 (Diagnostic Acquisition Dyxtcrn) |O. Provide onxiLc area for soils disposal. Mmuoo &Xmaponsib0ikiea; 1. Provide required poles, fixtures, and foundations. 2. Provide layout of pole locations and aiming dhug7unn. ]. Provide Project MunugerncuLuxxixtunccuunecdcd. MuacwSubcmnkrmctor Responsibilities: |. Provide equipment and materials to off load equipment ut jobxitc per scheduled delivery. Lighting Contactor Cabinets will need iohc given tu on-site electrical contractor. 2. Provide oharugc containers for equipment as needed and duropnkrs for disposal of all packing cardboard and debris. 3. Provide adequate security Loprotect Muaco delivered products from theft, vandalism or damage during the installation. 4. Provide labor and materials to layout new pole locations per Muacodrawings. 5. Confimi the existing underground utilities and irrigation systems have been located and are clearly marked uouxhu avoid damage from construction equipment. Repair any such damage during construction. 6. Provide materials and equipment io install (|0) LS8 foundations us specified onLo/ouL. 7. Provide and install ground rods k/rlightning protection per��BPfk78U <�ode, I��' rchon25O, and local building codes. Poles 70' and bc|ovv require u#2 bare copper ground conductor. Poles 75` and above require 2/O bare copper ground conductor. Ground rods tohe not less than 5/8''x8' long, driven vertically into soil until point is 10` bc\ovv grade. Ground rods must hcinstalled in soil, not in the concrete huckO|l. Measure the resistance per NEC 25O�50� If greater than 25 obrnx then install.0 ` 2 g7nundrod. Ground conductor habe attached hyexothe//oio fusion welding. (Dnmommenamesik may be required to do whatever is necessary to meet thn25 ohm mr lmswpermmmetmr). u�onno oo�owuscoapo�xuoming uC' ' 3 So-2565'2 8. Bexnnvc xpcbla to owner designated|ocuhon at joboiLc. 9. Provide materials and equipment to assemble (|20) LSG fixtures. 10. Provide equipment and materials to assemble and erect (10) LSS Poles. ll. Keep all heavy equipment off o[playing fields when possible. Repair damage io grounds which exceeds that which would bcexpected. Indentations caused by heavy equipment traveling over dry ground would bmun example u[expected damage. Ruts and sod damage caused byequipment traveling over wet grounds would be an example of damage requiring repair. 12. Provide startup and aiming as required to provide complete and operating sports lighting system. 0cnno.uo1nmuoco sports Lighting,uC 4 So'csos'o Exhibit"C" AGREEMENT FOR NEW LIGHTING AT COMMUNITY PARK Page 10 596437.1 Exhibit"C" CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY Government Code by a person doing business with the governmental entity. Dale Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. J Name of person doing business with local governmental entity. • Musco Sports Lighting, LLC ElCheck this box if you are filing an update to a previously filed questionnaire. (The law requires that you tie an updated completed questionnaire with the appropriate Cling authority not later than September 1 of the year for which an activity described In Section 176.006(a),Local Government Code,Is pending and not later than the 7th business clay after the dale the originally filed questionnaire becomes Incomplete or Inaccurate.) J Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. None J Describe each affiliation or businessrelationshlp with a person who is a focal government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. None Aminodounnom 1 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor or other person doing business with local governmental entity Page 2 J Name of local government officer with whom filer has affllitation or business relationship,(Complete this section only lithe answerto A,B,or C is YES.) This section,item 5 Including subparts A, B, C&D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form Clo as necessary. A. Is the local government officer named In this section receiving or likely to receive taxable income from the filer of the questionnaire? aYes ® No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named In this section AND the taxable Income is not from the local governmental entity? ri Yes El No C.. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as art officer or director,or holds an ownership of 10 percent or more? Yes ® No D.Describe each affiliation or business relationship. None 1 J Describe any other affiliation or business relationship that might cause a conflict of interest. Musco S ighting, LLC 8/10/11 nature of person doing business with the governmental entity Date James M. Hansen, Secretary Anutnelt001n9r2W6 THE AMERICAN INSTITUTE OF ARCHITECTS 411114), 4,1 Bond 105636648 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY Musco Sports Lighting, LLC Travelers Casualty and Surety Company of America 100 1st Avenue. West One Tower Square Oskaloosa, IA 52577 2SHS Hartford, CT 06183 OWNER (Name and Address): City of Wylie 2000 Hwy 67N Wylie, TX 75098 CONSTRUCTION CONTRACT (Purchase Order) Date: August 29th, 2011 Amount: $343,121 00 Description (Name and Location): Wylie Community Park SB BB, Project No. 145319 BOND Date (Not earlier than Construction Contract Uate): August 29th, 2011 Amount: $343,121 00 • Modifications to this Bond: D None 53 See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) • (Corporate Seal) Musco Sports Lighting, L Travelers CasUalty and Surety Company of America Signature• ( Signature Name and T : Name and Title: Dean M. Clark, Attorney-in-Fact (Any additional signatures appear on page 3) Non-Resident TX Licensed Agent (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Reynolds and Reynolds, Inc. otlAer party): 300 Walnut, Suite 200 Des Moines, IA 50309 AlA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1964 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVt.,N.W.,VVASHINCTON,O.C.2V006 THIRD PRINTING•MARCH 1987 F889 Rev.6/87 v The Con tractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, mdnninistm*,m' soon a, practicable after the amount is deter- successors d assigns to the-Ownerfor the performance mined, tender pay,nent therefor to the of the Construction Contract,which i,incorporated herein Owner; o, by reference. .2 Deny liability in whole v,in partand notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor, "= "".=`' and the Contractorshall have no vvvGm/vv under this Bond, | »oparhdp�einconhe�nnesas S K��S does proceed provided provided in Subparagraph 91 ' °with reasonable promptness, to be in default on this Bond fifteen ' s after 3 If theeisnoCm,ne, Do�uh. the Surety's obligation add receipt Surety an under this Bond shall arise after: ding that the Surety t erform its ` — _ ' - 3.1 The Owner has notified the Contractor and the this Bond,~' ~ Uwno,shall~~ `' ^~^~ ~~ "'`"a '' remedbb|eu/ the O°ner |f�e5ure� proceeds 'o5u�—' -' ks -----' describedi^ '~'~u'~ '~ ~~~` — ~a pnmige-dinSubpa,a0,aPh 4'4'and the Owner mfuscs t hethat the [w�*, is considering declaring ~ Contractor p-r'~ t�*y n�ed o, the Surety has denied liability, in Default and has:requested and attempted to whole or in part,without further he Owner shallhe conference^ with the Contractor^ and the Surety to be entitled *v enforce any ,emcdyava'�b� uu the O~ne� held not |�erthan fifteen� �een d after, � o/ h notice*u discuss methods nfper-forming the[onm,uc' G After the Owner has,o,minuted.the Contractor's right unn Contract. if the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree, the Contractor h || be allowed a reason- elects to act under Subparagraph *.1, 4.2' or 43 above' able time to perform the Construction Contract, but then the ,c,ponsibUitir, pf the Surety mo.tho Owner shall such anagreement shall not waive the Owner's right,if not be greater than those of the [onxmc\*, under the any,subsequently*o declare a Contractor Default; and Construction Contract, and the responsibilities o{ the Owner»m the Surety shall not bu greater than those nfthe 3'2 The Owner has declared u Contractor Default and Owner under the Construction[ontmc� To the Unmitof the formally terminated the Contractor's right to complete anmoun' �t �hi» Bond' hmsubj�� oc-mmimnentbythe the contract. Such ~ ` Owner of the Balance"f the Contract Price tonit�aionof c�red earlier than�vo d after ^ '^'~~r^ costs and damages un the Construction Contract the 5un- Sure- the Surety have �received notice a, provided in Sub __rp i, pb|i0v __ .� duplication (o,� ' paragraph s.1/ and _without �1 The responsibilities of the Contmcvn,for correc- tion of defective work and completion of the[nn,t,uc' Contract Price to the- Surety in accordance with the dnn Contract; terms od the [on�rucdon [n"tra� ortoacontractor selected tp perform the Construction Contmcrinaoco~ 6.2 Additional legal, design professional and delay dance With the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of po,a' ,viong fru,n th=^u/o", °. /^Uu'rto act of the Surety' ' graph 3, th=Svn�y shaUpromptly and at the Surety's ex- under Paragraph ' and pense take one cf the following actions: 6.3 Liquidated da i/ no liquiclateddarriages 0 % �, ho, �h� Contractor, with consent n� the ---,—'-- - -- ---'~~^~''C`^^'~^^'~~^~~' ` '~�� ' dam- ages caused by delayed performance o, nnn'perfnr' [hwner' to perform and complete the Construction mancenfthe Contractor. �ont,act; o, - 7 The Surm�shaUnot beUabksuo the Owner o[ntho�for �'� Undertakeuo �ormandcomp|eme�h�[nnmruc' obligationscf the Cuntmc»n,thatseunm|ated*o the[nn' tion[nntmcrime|/ throu�hj��a�en��o,�hro�0hinde' ' otroction [nntmc,' and the Ba|anceof the Contract Price pendent contractors; o, shall not be reduced or set o# on account of any such 4.3 0hmi" bids or negotiated proposals from unrelated om/ga*on,. No right of action shall accrue on qualified contractors acceptable to ,he Owner for a this Bond tn any person nrentitymmhprthanthe{)wnern, contract for performance and completion of the Con- its heirs, enecvvvm' administrators or successors. -t,uc/ion Contract, arrange for mmn�mc� to he pre- 8 TheS�n�yh"nebywmiv�onpbcecfanychan�� indvd pared for execution by the Owner and the contractor ' ' selected vviththe(�vvne,'s«nncu,,ence to �Dchan�eso� dm,' �o �hp �on,�,uc�ion [on�,amo, �o ' related subcontracts, purchase orders und other oh|iQa' with and payment bonds executed by a dons quaihedsure�equ�a|ertom the bonds issued vnthe _ Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount uf damages a, described in Paragraph 6inex- may be instituted/n any court uf competent jurisdiction in c'^~o/the Balance o/the Contract Price incurred bythe the location in which t/"c work v,p^,1o/the work i,located Owner resulting from the Contractor's default; o, and shall be instituted within two years after Contractor 4^0 Waive its right to perform and complete, arrange Default o, within two years ahc, the [p"tmcm, ceased for completion,' or obtain a new contractor and with working nr within two years after the Surety refuses orfails reasonable promptness under the circumstances: on perform its obligations under this Bond,whichever oc- curs hn*. If the provisions of this Paragraph are vn|J o, .Y After investigation,determine the amount for prohibited by law,the minimum period of limitation ovai|' °w " °m2~PERFw"M°NCEuopu=~vm=MEw/ BOND^onEm M 'm^ a ' THE^mER/cm* INSTITUTE cp ARCHITECTS, ,zowe*,oxK Avc. w��_w^5*INcTOw.oz.zmma 2 THIRD v°/wr/wC°MARCH`wm able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- it) Notice to the Surety,the Owner or the Contractor shall duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this Which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived, to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS; SEE LIMITED MAINTENANCE PROVISION RIDER ATTACHED HERETO AND MADE A PART HEREOF tSpace is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: MA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 3 THIRD PRINTING•MARCH 1987 ' THE AMER|CAN INSTITUTE OF ARCHITECTS AIADccument A312 8ond1O5030848 VIE Payment Bond Any singular reference toContractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address)� SURETY (Name and Principal Place ofBusiness): K8usco Sports Lighting, LLC Travelers Casualty and Surety Company of America 1UO1nt Avenue, West One Tower Square Oskaloosa, |A52577 2SHS OWNER (Name and Address): Hartford, CT 06185 City ofWylie 2000HwY 87N Wylie, TX75OSO CONSTRUCTION CONTRACT Date:August 2Qth. 2O11 Amount: $343.121.00 Description (Name and Lonoton): vVYUe Community Park 513Dn Project No 145319 BOND Date (Not earlier than Construction Contract Date): Augunt2Bth 2011 Annount $343.121.00 ' Modifications to this Bond: None YES See Page G CONTRACTOR ASPRINCIPAL SURETY Company: (Corporate Seal) Company. (Cmrponate5ea|) K8 u -' Traverers Casualty and Surety Company ofAmerica Signatu Name, U|iths: Name and Title: Dean M. Aftomey-in-Fact (Any additional signatures appear on page O) Non-Resident TX Licensed Agent (FOP 8VFOPMA77QNONLY w"mc, Axdrcs,""d Tclev»one) OWNER'S REPRESENTATIVE (Arc*tco, cxainocr",om= AGENT urBROKER: party): Reynolds& Reynolds, Inc. 300VVa|nut Suito20O Des Moines, |A 50309 A/x DOCUMENT x312-PERFORMANCE BOND AND PAYMENT BOND~osCswosn1no*so-^Amw THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.znono A3124904 l rH/no PRINTING~MARCH 1987 ^ 1 The Contractor and the Gurety, jointly and severally, 5 If a notice required by Paragraph 4 is given by the bind thomsolves, their heim, executors, administratos. Owner to the Contractor ortnthe Surety' that is sufficient successors and assigns to the Owner to pay for |abo,, compliance. materials and equipment furnished for use in the performance of the Construction Contract, which is � When the Claimant has satisfied the conditions of incorporated herein by reference. Paragraph 4. the Surety shall promptly and at the Sve�'s exnen.-et2xemeo,omwioonction;- 2 With respect to the Ownor, this obligation shall be null and void ifthe Contractor: ' �1 8ondananowortotheC|nimantvvithaoopytothe Owner, within 45 days after nmoi[t of the claim, stating 21 Promptly makes payment, directly or indirectly, for the amounts that are undisputed and the basis for all sums due Claimants, and challenging any amounts that are disputed. 2.2 Dofends, indemnifies and holds harmless the 0.3 pay or arrange for payment of any undisputed Owner from claims, demands, liens or ouhn by any amounts. person or entity whose claim, demand, lien or suit iafor 7 The Surety's total obligation nhoU not exceed the the payment for labor, materials or equipment furnished m, xne in me rem`,mpnne nf me m,n`�mr'ion am»unt»fthi» B»nd. andth�amountofthioBon� sh�Uho Contraot. provided tho D�nor hao pmmpt|ynotified the x/vu'�« »u/ ally pu/«/ux� made ill yvuu �iu/ by u/� Contractor and the Surety (at the address described in Surety. Paragraph 12) of any claims, demands, liens orsuits 8 Amounts owed by the Owner to the Contractor under the and tendered defense of such claims, demands, liens Construction Contract shall be used for the performance of or suits to the Contractor and the 8uety, and provided the Construction Contract and to satisfy claims, if any, under there inno Owner Default. any Construction Performance Bond. By the Contractor O With respect to Claimants, this obligation shall he null furnishing and the Owner accepting this Bond, they agree that aUfunds earned by the Contm�orin the pehormannoof and void indirectly,ContractorpromP|y makes payment, the Construction Contract am dedicated to satisfy—directly - — - - -ll sums--� obligations of the Contractor and the Surety under this 4. The Surety shall have no obligation to Claimants under Bond, subject to the Owners priority tm use the funds for the this Bond until: completion of the work. 41 Claimants who are employed by or have a direct 9 The Surety shall not be |iub|o to the Owner. Claimants or contract with the Contractor have given notice to the others for obligations of the Contractor that are unrelated to Surety (at the address described in Paragraph 12) and the Construction Contract. The Owner shall not be liable for sent acopy, or notice thereof, to the Owner, stating that Payment of any costs or expenses of any Claimant under a claim in being made under this Bond and, with this Bond, and shall have under this Bond no obligations to substantial accuracy, the amount mf the claim. make payments to, give notices on behalf of, orotherwise hmveob|igationotoC|aimantsun�orthisBond 4.2Qaimantsvvhodo not have o direct contmotvvith the Contractor: 10 The Surety xvn,by waives notice or any cxunSv, including changes ofdmo to the Construction Contract urto 1 Have furnished wri tten related subcontracts, purchase ondomand mherobligations. and sent a oopy, or notice thereof, to the ' Owner, within 90 days after having last 11 No suit or action shall be commenced by a Claimant performed labor or last furnished materials or under this Bond other than in a court of competent equipment included in the claim stating, with jurisdiction in the location in which the *m,k or part of the substantial annumoy, the amount of the claim work is located or after the expiration of one year from the and the name of the party to whom the date (1) on which the Claimant gave the notice required by materials were furnished or supplied or for Subparagraph 4.1 or Clause 42.3. or (2) on which the last whom the labor was done nr performed; and labor or service was performed by anyone or the last 2 Have either received � rejection in vvho|o o, in materials or equipment were furnished by anyone under the ' Construction Contract, whichever of If pa�Unmthe Con�uo�cor not nme�edw�hin the provisions of this Paragraph � Pemgmph are void or prohibited by 50 days of furnishing the above notice any |a*. the period—riod of limitation available to sureties communication from the Contractor by which as a defense in the jurisdiction of the suit shall �eContra�orhas indin�odthe c|sirnvviUb* applicable. ~~ paid directly or indirectly;and 12 Notice to the Gumty, the Owner or the Contractor shall .3 Not having been paid within the above 30 be mailed or d*|�ero'- to the address shown on the duys, have sent written notice to the Surety signature page u-�Ao receipt of notice by Surety, the (at the address described in Paragraph 12) Owner or the Con�e---' however accomplished, shall be and sent a oopy, or notice toereof, to the sufficient compliance as of the date rene�odmtthe address Owno,, stating that a claim is being made shown nn the nign��upage. under this Bond and enclosing a copy ofthe - previous written notice furnished to the 13VVhen this Bond has been furnished to comply with a Contractor. statutory orother|o0a| requirement in the location where the construction was to be pedormod, any provision in this xm DOCUMENT mao^PERFORMANCE BOND AND PAYMENT BOND^osrsMasn1nn«ED..ALA T) THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312'1904 2 THIRD PRINTING^MARCH 1oer ^ ' Bond conflicting with said statutory or legal requirement service orrental equipment used in the Construction shall be deemed deleted herefrom and provisions Contract, architectural and engineering services conforming to such statutory or other legal requirement shall required for performance of the work nf the Contractor be deemed incorporated herein. The intent io that this Bond and the Contractors subcontractors, and all other shall be construed as a statutory bond and not as a items for which a mechanic's lien may be asserted in common law bond, the jurisdiction where the labor, materials or equipment were furnished. 14 Upon request by any person o,entity appearing to be a potential beneficiary of this Bond. the Contractor shall 152 Construction Contract: The agreement promptly furnish a copy of this Bond or shall permit acopy between the Owner and the Contractor identified on to be made. the signature pago, including all Contract Documents 15 DEFINITIONS and changes thereto. 151 Claimant: An individual or entity having a direct 15.3 Owner Default: Failure of the Owner, which contract with the Contractor o subcontractor —of has neither been remedied nor waived, to pay the the Contractor to furnish labor, materials orequipment Contractor as required by the Construction Contract or for uoo in the performance of the Contract, The intent to perform and complete or comply with the �o,of this Bond shall be to include without limitation in terms thereof. the terms "labor, materials o, equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 8above is deleted in its entirety and the following is substituted in its p|eon: 8. When the Claimant has satisfied the conditions ofParagraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety ohaU, with reasonable promptness, notify the Claimant ofthe amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited tothe lack of substantiating documentation to support the claim as to entitlement or amount, and the Suretyshall, —ith reasonable pmmptness, pay or make arrangements for payment nf any undisputed amount pmvided, hnwovor, that the failure nfthe Su��totime|ydioohu,gnitoob|igz��nsundorthisparmgnophortodioputaoridontdyanynpeoi�cd' -no .to all or any part ofa claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver ofthe Cnntracto/n or Surety's defenses to, or right to disputa, such claim. Rather. the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond, SEE LIMITED MAINTENANCE PROVISION RIDER ATTACHED HERETO AND MADE APART HEREOF (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Co mpany: (Corporate Seal) Company: (Corporate Seal) Signature: Signature'. Name and Title: Name and Title: Addnaoe� Addreno- mxoocumswrxuo^PseronmAwCsoowomvopAnwevruono°oscsMesn1ewso.°Am(�) nHsAmsmCAv INSTITUTE oFAnc*/rscrS,1735meavonuxvs,wm�wxoH/marowo�.2000 A312'1984 3 THIRD PRINTING-MARCH 1987 Limited Maintenance Provision Rider To be attached to and form part of bond no. 105636648 issued by the Travelers Casualty and Surety Company of America on behalf of Musco Sports Lighting LLC in the amount Three Hundred Forty-Three Thousand One Hundred Twenty-One and No/100ths ($343,121.00) and dated August 29th,2011 in favor of City of Wylie for Wylie Community Park SB BB,Project No. 145319 Principal shall guarantee that the work will be free of defective materials and workmanship for a period of Twelve(12)months following completion of the contract. Any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Musco Sports Lighting LLC By: Travelers Casualty and Surety Company of America By tf �fi Dean M. Clark, Attorneyyin-Fact Licensed Texas Agent WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 l 1 Farmington CasualtyCompany POWER OF ATTORNEY t �� g St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company 1 Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America 1 St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company i `x Attorney-In Fact No. 223002 Certificate No.0 ©`t 2 2 6 4 3 7 1 1 t KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company.and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty i 1 Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under 1 g the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters.Inc.,is a corporation duly organized under the laws of the State of Wisconsin P (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint A Dean M. Clark,Diane M. Vanderpool,Judy L. Gearhart, Sandra K. Bell, Rhonda S. Siberz, Stanley J. Reynolds, John F. Pray,Jr. (Jack), and James Edgar Williamson 1 0 I of the City of Des Moines State of Iowa ,their true and lawful Attorney(s)-in-Fact, I t each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and I other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of gcontracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. it 9th i IN WITNESS WHEREOF,the Comp es have caused this instrument to be signed and their corporate seals to be hereto affixed,this f da of November 2u10 z Y I 1. Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company I I 1 Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America i St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 1 St.Paul Guardian Insurance Company Or G �,) a� ,�: (Mk F1RE 4M4 \�N..�MSGpal,9Np '_.(/ Cif /.L h O V ..9jJS . qJy` ,,Y�l1b LWF�� Yi D(1 gg '1 $, PC�F GO R�>',i ?V'' S - T 9 ST F _ 1982 ; 7� 19n E KoRp un y wa me ,2t c m .W;coavoaarf:� y ,z i i Z: _._ n- a HARTFORD, /• RfFORq < P y arrt �y 19$1 ..SEAL-o: '� �- CONN. n t:DNN. ;r 1896 -r a 6 ati o ' ' SEAL:� W p, �y ��' > 1�� r.;. -1 ,' et e vf........valf y.'... :`a./ i i� 1; 1 `ail .R I S ��,,,,, s�AN i �... / 4'a �.' f vp In Atlas i k /• �'I g' I State of Connecticut By: iri City of Hartford ss. Georg id Thompson,'enior ice President 9th November 2010 On this the day of , before me personally appeared George W.Thompson, who acknowledged I I himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, 1 Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety I Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. g .7,‘ , V I �Q/Lt� C . 9 In Witness Whereof,I hereunto set my hand and official seal. ;Aril ` t My Commission expires the 30th day of June,2011. * ovet.O * Marie C.Tetrcault,Notary Public i 58440-4-09 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity 1 and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St, Paul Fire and Marine Insurance Company,St, Paul Guardian Insurance I Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States 1 Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: i RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice ! President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the s Company's seal bonds,recognizances.contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or ccmnditional undertaking,and any I t of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is f any S FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President, enior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company.provided that each.much delegation is in writing and a copys f thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice f President,any Second Vice Presiden,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with[he 1 Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a 'Sritten delegation of authority: and it is r Z i FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President any Senior Vice President,any Vice President, 1, any Assistant Vice President,any Secretary,any Assistant Secretary.and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any I O. certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact tor purposes only of executing and attesting bonds iand undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate hearing such facsimile signature or facsimile seal I shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shah he valid and binding on I the Company in the future with respect to any bond or understanding to which it is attached. I I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters,Inc.,St,Paul Fire and Marine Insurance Company,St,Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and 0 Surety Company.Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do herby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and cf-`ect and has not been revoked.d. r x -. 1: 1 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this -> II/ day of ye: a ,10 // g t ' 1 s 1 s I h Kori M.Joh:anst` Assistant Secretary K 5 y s s ax;t• tt, wbn„ ,,,1U,,win,,, �N NS ! rNsuq ,� ANC V4sLLatrN tY y4,0 nasu 5f J S p©y G f c.�P 5,��. s�. .,.. 1r y4 1 O4,0 M1 enYiN `� Pe f '' P.CP�.E tP P9Fpt 'f 'fj .'N '^ S xs 1,- a -mv.co f /. ,7, b° t, AiEp�� 2; .n m Mt RrFOf?fl. iB96 1 9 8 2 0 1977 k �� 1“-;:,, CONK, �COWn. R it _� , S � ',5,- r - 1w51 , ,�.,SeAL$o� SEAL 4m S 1 `Say c'rt'aD+` ,.. ;+$F ti`i'" 'P+".' \,ti°:.......:iali od, 2ae >ay do L4`. '4i)t AIN y fg v $4. To Verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www,travcfersbonu.corn Please refer to the Attorney-In-Fact number,the I iabove-named individuals and the details of the bond to which the power is attached. d 5 z 1 I r 6 I s WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER . --$ ACC)R CERTIFICATE OF LIABILITY INSURANCE Do8Eo5�2 �) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-247-7756 CONTACT Holmes Murphy & Assoc - WDM PHONE FAX (A/C.No,Ext): (A/C,No): PO Box 9207 E-MAIL ADDRESS: Des Moines, IA 50306-9207 INSURER(S)AFFORDINGCOVERAGE NAIC# INSURER A: EMPLOYERS MUT CAS CO A- XII 21415 INSURED Musco Sports Lighting, LLC INSURERS: STARR IND & LIAB COAX c/o RT Specialty38318 Attn: Raryl Thomas INSURERC: P 0 Box 808 INSURER 0: Oskaloosa, IA 52577 INSURERS; INSURER F: COVERAGES CERTIFICATE NUMBER: 22630990 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR, TYPE OF INSURANCE ,INSR WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY),(MM/DD/YYYY), LIMITS A GENERAL LIABILITY 2D5362512 07/01/11 07/01/12 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 300,000 PREMISES(Ea occurrence) ___ $ CLAIMS-MADE X 1 OCCUR MED EXP(Any one person) $ 15,000 X Contractual Liability PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENE AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PERC°T X LOC $ A AUTOMOBILE LIABILITY 2E5362512 07/01/11 07/01/12 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X AUTOS PROPERTY PROPERTY DAMAGE $ (Per accident) B UMBRELLA LIAB X OCCUR SISCSEL01525211 07/01/11 07/01/12 EACH OCCURRENCE $ 1,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE __ $ 1,000,000 DED RETENTION$ $ A WORKERS COMPENSATION 2P5362512 WG STATU- OTH- AND EMPLOYERS'LIABILITY Y/N 07/01/11 07/O1/12 X TORYLIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE 2S5362512 07/01/11 07/01/12 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N N/A A (Mandatory lnNH) 2M5362512 07/01/11 07/01/12 E.L.DISEASE-EA EMPLOYEE $ 500,000 A If yes,describe under 2 Z53 62 512 DESCRIPTION OF OPERATIONS below 07/01/11 07/01/12 EL.DISEASE-POLICYLIMIT $ 500,000 A Leased/Rented Equipment 2C5362512 07/01/11 07/01/12 Limit 300,000 Deductible 10,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project: Wylie Community Park, #145319 City of Wylie, TX is included as an Additional Insured on the Commercial General Liability policy for work performed by the Named Insured when required by written contract or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Wylie, Texas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 100 Country Club Drive AUTHORIZED REPRESENTATIVE Wylie, TX (75098 AXIL. - {-a`^°1h�1 USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD rroycewdsm 22630990 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ[7CAREFULLY. BLANKET ADDITIONAL INSURED --CONSTRUCTION CONTRACTS INCLUDING COMPLETED OPERATIONS This endorsement modifies the Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section |1—Who InAn Insured |u amended hoinclude n. The insurance provided hm the additional insured as an additional insured any person or organization for does not apply to"bodily injury," "property damage" whom you are performing operations when you and and 'personal and advertising injury" arising out of such person or organization have momnu In writing in a an amhihecto, en8|nosr'o, or surveyor's rendering contract or agreement that such person or organization of or hy||um to render any professional services bo added hz your policyd whereoCortifinpheof including: Insurance showing that person o, organization as an m. The preparing, approving, or failing to prepareoddK|ona|inoupodhonbuon|ooued. or approve mapn, unmw)ng*, opinions, reports, The written contract or agreement must be: surveys, field orders, change orders ordesign (m) Currently in effect or becoming effective during the and specifications;and term uf this policy;and b, Supervisory, inspectinn, architectural or (b) Executed prior to the�ho ^� � injury" m "property engineering activities, damage." *' Any coverage provided hereunder nheU be excess The insurance provided to the additional Insured in over any other valid and collectible insurance limited msfollows: available to the additional insured whether primary, *xnnss, contingent or any other 4mwio un|wom o 1. That ma,00n or organization is only on additional oun0notupeci�oe\|ymqu|mo that this |n`~uronoo be insured with respect tn liability arising out o[ "your primary, or you request that it apply nm primary work"performed for that additional insured bynrfor basis, you. 2. The limits ofinsurance applicable to the additional When coverage is provided on a primary basis we insured are those specified in the Dno|wra8un« for will not seek unn*hbuUun from any other Insurance this policy or )n the written contract or agreement, available to that additional insured if e contract whichever Is |nwmr. These limits ufineumm� mm� mqu|vno that this insurance be noncontributory, or ino|umkm of and not in addition to the limits of insurance shown in the Declarations. you request that it apply onmnonnontd � bu�nbonin. S. All other terms and ou"diVpnv of this policy remain unchanged. / / CG/174.lw(10-01) Includes copyrighted material of ISO Properties,Inc.with Its permission. Page 1of 1 a, EMC Insurance Companies GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART We recognize you may waive any right of subrogation we may have against any person or organization because of payments we make under this Coverage Part for injury or damage. Such waiver must be part of an"insured contract"executed by you prior to the occurrence of any loss. Includes copyrighted material of Insurance Services Office,Inc.with its permission. CG7460M(11-99) Copyright,Insurance Services Office,Inc.,1993 Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. We have the right to recover our payments from anyone liable for a"loss"covered by this policy.We will not enforce our right against the person or organization named in the schedule below. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the schedule below. SCHEDULE PREMIUM MID AMERICAN ENERGY INCLUDED UNION PACIFIC RAILROAD INCLUDED AS REQUIRED BY CONTRACT INCLUDED CA7218(8-99) Includes copyrighted material of ISO Properties,Inc,with its permission. Page 1 oi 1 Wylie City Council CITY OF VVYLIE AGENDA REPORT Meeting Date: September 13, 2011 Item Number: 9. Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: 9/6/11 Budgeted Amount: N/A Exhibits: Rate Study, Ordinance Subject Consider and act upon approval Ordinance No. 2011-20 amending Subsection B (Water Rates) and Subsection C (Sewage Collection and Treatment Rates) of Section 1 (Water and Sewer Fees) of the Wylie Comprehensive Fee Schedule. Recommendation Motion to approve an Ordinance amending Subsection B (Water Rates) and Subsection C (Sewage Collection and Treatment Rates) of Section 1 (Water and Sewer Fees) of the Wylie Comprehensive Fee Schedule. Discussion On December 14, 2010 Council held a work session to discuss the water and sewer rate study prepared by McLain Decision Support Systems. The study incorporates the water and sewer capital improvements plan (CIP), outstanding debt service, the proposed wholesale water rate increases from the North Texas Municipal Water District, the transfer to the general fund, and the expansion of the Public Works Service Center. The report was updated in June, 2011 based on information contained in the Indirect Cost Study which identified personnel expenses attributable to the utility fund. An approximately 6.75% increase per year over the four years is proposed in the updated rate study. The attached ordinance incorporates these recommendations into the water and sewer rates for FY 2012. Approved By Initial Date Department Director CH 09/06/2011 City Manager 9/9/11 Page 1 of 1 ORDINANCE NO. 2011-20 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS; AMENDING SUBSECTION B (WATER RATES) AND SUBSECTION C (SEWAGE COLLECTION AND TREATMENT RATES) OF SECTION 1 (WATER AND SEWER FEES) OF THE WYLIE COMPREHENSIVE FEE SCHEDULE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has adopted Ordinance No. 2009-12 establishing a comprehensive fee schedule ("Comprehensive Fee Ordinance")for the City of Wylie, Texas ("Wylie"); and WHEREAS, the Comprehensive Fee Ordinance includes fees for water and sewer; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend Subsection B (Water Rates) and Subsection C (Sewage Collection and Treatment Rates) of Section 1 (Water and Sewer Fees) of the Wylie Comprehensive Fee Schedule. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Subsection B (Water Rates) and Subsection C (Sewage Collection and Treatment Rates) of Section 1 (Water and Sewer Fees) of the Wylie Comprehensive Fee Schedule. Amendment to the Wylie Comprehensive Fee Schedule Subsection B (Water Rates) and Subsection C (Sewage Collection and Treatment Rates) of Section 1 (Water and Sewer Fees) of the Wylie Comprehensive Fee Schedule are hereby amended as identified in Exhibit "A", attached hereto and incorporated herein for all purposes. SECTION 3: Penalty Provision. Any person, firm, corporation or entity that violates this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00) if the violation relates to the public health and sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a Ordinance No.2011-20 Amendment to the Wylie Comprehensive Fee Schedule Page 1 597838.1 prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 13th day of September, 2011. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date to be published in The Wylie News— September 21,2011 Ordinance No.2011-20 Amendment to the Wylie Comprehensive Fee Schedule Page 2 597838.1 Exhibit "A" WYLIE COMPREHENSIVE FEE SCHEDULE I. WATER AND SEWER FEES. B. Water Rates. (1) The following monthly water rates shall apply to all domestic residential customers within the corporate limits of the City of Wylie, Texas. ALL PRICES ARE FOR 1,000 GALLONS OF METERED WATER. (a) Monthly minimum charge for first 1,000 gallons of metered water consumption: $10.00 (b) Volume charge for all consumption exceeding 1,000 gallons: 1,001 to 10,000 gallons: $3.36 Over 10,000 gallons: $4.37 (2) The following monthly water rates shall apply to all domestic commercial customers, (other than apartments, mobile home parks and other multi-unit dwellings not individually metered) within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of metered water consumption: $13.65 (b) Volume charge for all consumption exceeding 1,000 gallons: $3.82 (3) The following water rates shall apply to all domestic apartments, mobile home parks, and other multi-unit dwellings, not individually metered, within the corporate limits of the City of Wylie, Texas: (a) Monthly minimum charge for first 1,000 gallons of metered water $13.65 (b) Volume charge for all consumption exceeding 1,000 gallons $3.82 (4) The following monthly water rates shall apply to all irrigation meters within the corporate limits of the City of Wylie, Texas: (a) .... Monthly minimum charge for first 1,000 gallons of metered water: (1)Residential irrigation $10.00 (2) Commercial & Multifamily $13.65 Ordinance No.2011-20 Amendment to the Wylie Comprehensive Fee Schedule Page 3 597838.1 (b) Volume charge for all consumption exceeding 1,000 gallons: (1)Residential irrigation $4.83 (2) Commercial irrigation $4.83 (5) The monthly water charge for any customers (residential, commercial, apartment, mobile home park, or other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. (6) Any bulk water customer who desires to withdraw water from a hydrant or other source not metered and charged directly to them, shall fill out a water application form and sign the form in the same manner as a regular metered customer. Bulk water rate charges are to be charged in twenty-five (25) gallon increments at the same rates as the commercial customers. C. Sewage Collection and Treatment Rates. (1) The following monthly sewage collection and treatment rates shall apply to all residential customers of the City of Wylie, Texas: (a) Customers who are 65 years of age or older and have a homestead exemption on the service address which appears in the tax records $22.22 (b) Customers who are disabled and have a homestead exemption on the service address which appears in the tax records $22.22 (c) All other customers $30.09 (2) The following monthly sewage collection and treatment rates shall apply to all commercial customers of the City of Wylie, Texas: (a) Monthly minimum charge first 1,000 gallons of metered water . $24.16 (b) Volume charge for all consumption exceeding 1,000 gallons .$ 2.04 (3) A sewer fee of thirty dollars and nine cents ($30.09) shall be charged for each apartment unit, multiple-family unit, or mobile home space and special areas such as washateria, swimming pools, etc., where the apartment, multiple-family development or mobile home park is on a master meter for water consumption with the City of Wylie, Texas. (4) The monthly sewer charge for any customers (residential, commercial, apartment, mobile home park, or other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. Ordinance No.2011-20 Amendment to the Wylie Comprehensive Fee Schedule Page 4 597838.1 (5) The monthly water and sewer rate charge for residential and commercial customers located outside the corporate limits of the City of Wylie, Texas, shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. Ordinance No.2011-20 Amendment to the Wylie Comprehensive Fee Schedule Page 5 597838.1 I. AT A T AT Ism - AT I OF Y1_1E, TEXAS EVISED JUNE 20, 2011 Mciikain Adi '''''''1** Decision All , Suriport, ' Systems : - ,%hobo,' McLA1N Government Utility Rate Group 2201 Rockbrook Dr., Suite 1315 Lewisville, TX 75067 (214) 488-8808-Fax(972) 692-5397 bob(@mclaindss.corn MGLABH June 20, 2011 Linda Bantz Director of Finance City of Wylie 2000 Hwy. 78 North Wylie, TX 75098 Re: Final Report on Water& Wastewater Rates Dear Ms. Bantz: Enclosed is the Final Report on Water & Wastewater Rates, prepared by McLain Decision Support Systems (McLainDSS) for the City of Wylie. The report conveys the findings, conclusions, and recommendations of our firm with respect to the development of water rates to cover the projected water and wastewater costs for the period 2011 - 2019. The report is structured to provide the reader with a clear and accurate presentation of the revenue and rate issues facing the City of Wylie. However, this study does not constitute an examination of the financial statements of the City of Wylie, and, as such, we cannot and do not express any opinion regarding the validity or accuracy of the financial information provided. The report includes a significant amount of assumptions and detailed tables and worksheets. The detailed tables, exhibits, and worksheets provide an understanding of where the numbers come from and the related impact the rates will have on the City's customers. We have appreciated the courtesies and professional relationship extended to us during this engagement by the City's management and staff. Very truly yours, 7? ,7 ( `1 Robert McLain McLain Decision Support Systems Table of Contents I. Executive Summary 1 1.1 Purpose of Report 1 1.2 Questions to be Answered with this Report 1 1.3 Findings/Analysis Related to the Cost of Service 2 1.4 Findings/Analysis Related to the Existing Rate Design 6 1.5 Benchmarking With Other Cities 9 II. Identify Revenue Requirements 10 2.1 Purpose of This Section 10 2.2 Key Cost of Service Assumptions 10 2.2.1 Growth Assumptions 11 2.2.2 Additional Staffing 13 2.2.3 Salaries & Benefits 14 2.2.4 NTMWD Water Purchase Costs 15 2.2.5 NTMWD Wastewater Treatment Costs 17 2.2.6 Other Operating& Maintenance Costs 21 2.2.7 Non-Operating Costs 26 2.2.8 Existing and planned debt 26 2.2.9 Revenue Offsets 30 Appendix A— Supporting Worksheets List of Figures I. Executive Summary 1 Figure 1: NTMWD Water Rate/1,000 Gallons 2 1.1 Impact of Financing Scenarios 4 1.2 Impact on Average Combined Water& Wastewater Bills @ 8,000 Gallons 5 1.3 Financing Scenarios—Water 7 1.4 Financing Scenarios—Wastewater 8 Figure 2: Benchmarking with other Cities -Residential 9 II. Identify Revenue Requirements 10 2.1 Growth-Water 11 2.2 Growth—Water Billed for Wastewater 12 2.3 Existing& Projected Staffing Levels 13 2.4 Existing& Projected Salary & Benefit Costs 14 2.5 Water Purchases from NTMWD 15 2.6 Calculation of the Incremental Increase in NTMWD Water Purchase Cost per Th. Gallons .. 16 2.7 Wastewater Treatment Costs—NTMWD Muddy Creek Wastewater Treatment Plant 17 2.8 Wastewater Treatment Costs—NTMWD Muddy Creek Interceptor 18 2.9 Recap of Wastewater Treatment Costs 19 2.10 Calculation of the Incremental Increase in NTMWD Wastewater Cost per Th. Gallons 20 2.11 Recap of Operating and Maintenance Costs—Utility Administration (5711) 21 2.12 Recap of Operating and Maintenance Costs—Water Distribution (5712) 22 2.13 Recap of Operating and Maintenance Costs—Engineering (5713) 23 2.14 Recap of Operating and Maintenance Costs— Sewer Collection (5714) 24 2.15 Recap of Operating and Maintenance Costs—Utility Billing (5715) 25 2.16 Recap of Existing Water and Wastewater Debt Service Payments 27 2.17 Recap of Non-Operating Costs 28 2.18 Recap of the Gross Cost of Service 29 2.19 Recap of Revenue Offsets - Services 30 2.20 Recap of Revenue Offsets—All Other Revenue Offsets 31 2.21 Existing& Projected Total Sources of Funds 32 2.22 Recap of the Sources & Uses of Funds 33 Appendix A— Supporting Worksheets mwt � ^ » ¥w® Decision t \ sa .pp a! � t 111111101111P' Systems� cLA N ± . II X MeLAIN ALA SECTIONI Y 1.1. PURPOSE OF REPORT: The following report describes the findings of the water and wastewater rate study performed for the City of Wylie, and makes recommendations with respect to the rates to be charged to the City's customers. The objectives to be achieved within the scope of the engagement are as follows: ▪ To develop the bases to be used to project the water and wastewater units of service and cost of service over a multi-year planning period, FY 2011 - 2019; ■ To identify the full cost of the water and wastewater services over the multi-year planning period, based on the FY 2011 adopted budget; ■ To develop cost-based water and wastewater rates which will provide sufficient annual revenues to meet expenditures for all operating and non-operating costs; ■ To develop alternative water and wastewater rates which will provide sufficient annual revenues to meet expenditures for each system's operating and non-operating costs; ■ To prepare financial projections using the alternative, supplemented by a description of the key assumptions underlying the projections; ■ To create an executive summary documenting our findings and recommendations. 1.2. QUESTIONS TO BE ANSWERED WITH THIS REPORT: There are several questions that will be answered with this report: ■ What is the impact of the increased North Texas Municipal Water District(NTMWD) water purchase costs on overall water revenues required from water rates over the next ten years? (from $1.25 in FY 2010 to $2.03 in FY 2019). ■ What is the impact of the increased North Texas Municipal Water District(NTMWD) wastewater collection and treatment costs on overall wastewater revenues required from wastewater rates over the next ten years? ■ What is the impact of increasing the reimbursement to the General Fund by almost $800,000 in FY 2011, from $450,000 to $1,247,612, and then to $1,676,997 in FY 2012? SECTIONI—EXECUTIVE UMMA { PAGE 1 It II , X MoLAIN ALA What is the impact of eliminating the transfer of$1,500,000 to $0 in FY 2012? 1.3. FINDINGS/ANALYSIS RELATED TO THE COST OF SERVICE: ▪ The water and wastewater enterprise fund was in good financial condition as of 09/30/2009. The water and wastewater fund ended FY 2009 with $9,820,167 in operating reserves (working capital) (377 days of total expenditures). ■ The cost of water charged to the City of Wylie by the NTMWD is expected to almost double over the next ten years. Following is a chart illustrating these increases. Figure 1 NTMWD Water Rate/1,000 Gallons $0.00 $0.50 $1.00 $1.50 $2.00 $2.50 FY 2002 $0.72 FY 2003 $ .87 FY 2004 0.92 FY 2005 , ,,,,,,,,, ,J $0.97 FY 2006 >,k OM,;/;,,M4„ $0.97 FY2007 $1.02 FY 2008 , $1.08 FY 2009 < ««««< /,/,, « ««««< ««, $1.18 FY2010 ,t $1.30 FY 2011 $ .37 FY2012 , $1.57 FY 2013 ,r «««««««J 7, ««««< «««<) ««««< «««<( $1.70 FY2014 I ,,, $1 :3 FY 2015 p,,, mm, ,w _ /,,,, ,,,,, F $1.94 FY 2016 �; $2 04 FY 2017 ,„ ,,,,_; , ) $2.13 FY 2018 , ,,t $2.18 FY 2019 ,, ,,,,,,,,, , ,,,,,,,,,,,,,,,,,, $2.24 The increased cost per 1,000 gallons, along with increased water purchase volume due to growth, with increase the water payments to NTMWD from $2,066,680 in FY 2010 to $3,339,955 in FY 2019 (62%). SECTION I—EXECUTIVE SUMMARY PAGE 2 II X MeLAIN ALA ▪ Additionally, the average cost per 1,000 gallons for wastewater collection and treatment charged to the City of Wylie is expected to increase substantially over the next ten years. Wastewater payments to NTMWD are expected to increase from $3,394,265 to $4,713,025 in FY 2019 (39%). ■ These increased costs, along with the minimization of the assistance from impact fees, will cause the net increase in the cost of service to be about $2,500,000 in FY 2012 (28%), and 66% by FY 2019. This will necessitate increasing rates by40% to 41% over the next nine years. ■ Financial Plan Notice. Water and wastewater costs have been projected for the period FY 2012 through FY 2019, based on the FY 2011 adopted budget. We believe the underlying assumptions that drive the cost of service through the FY 2019 provide a reasonable basis for management's forecast. However, some assumptions inevitably will not materialize as presented and anticipated events and circumstances may not occur; therefore, the actual results achieved during the forecast periods will vary from the forecast, and the variances may be material. Monitor expenditures very carefully over the planning period, compared to the expenditure levels shown in this report. Because the forecasts are developed upon expenditure levels outlined in this report, any significant increases of expenditures over the planned expenditure levels will affect the sufficiency of revenues over the study period. r Table 1.1 shows the impact of the rate increases. s . t • Days • r t ;•e x [tures Fiscai in r ti n T r et Year evenues •ese es says 2009 N/A $16,264,529 625 2010 N/A 10,138,905 343 2011 5.25% 10,835,230 351 2012 6.75% 5,899,472 173 2013 6e75% 4,765,303 133 2014 6.75% 3,958,411 106 2015 6.75% 3,547,279 91 2016 4.00% 3,650,028 92 2017 3.00% 3,840,238 93 2018 3.00% 4,058,560 95 2019 3.00% 4,367,385 98 3 SECTION 1—EXECUTIVE SUMMARY PAGE y Table 1.2 illustrates the impact of the financial forecast on the average residential users. "' i i 1 r 1 int i • si nti l ater , Wastewater :ills , i allons, it 3.5 illion r is r till % 2010 $ 56.83 $ o 2011 59.71 2a 8 5.1% 2012 63.60 3.90 6.5% 2013 7.76 4.16 6.5® 2014 72.20 4044 6a l 2015 704 4.74 6.6% 2016 79.94 3.00 3.9% 2017 2®2 2.34 2.9% 2018 4.6 2®41 2.9% 2019 7.1 2a4 2.9% $ 27A6 4 .3% SECTION 1—EXECUTIVE SUMMARY PAGE 1.4. FINDINGS/ANALYSIS RELATED TO THE EXISTING RATE DESIGN: ▪ Water Monthly Minimum Bills: The existing water rate design consists of a water residential monthly minimum bill of$8.90, and has not increased in the last decade. The monthly minimum bill for the non-residential meters is $12.15, and also has not changed in many years. One thousand gallons (1,000)is included in the monthly minimum bill for both residential and non-residential. ■ Water Volumetric Rates: The volumetric water rates for the residential class consists of a conservation rate, where a rate per thousand gallons of$2.99 is charged for any monthly consumption up to 10,000 gallons, and $3.89 for any monthly consumption greater than 10,000 gallons. The rate per thousand gallons for the non-residential class is $3.40, and the sprinkler rate per 1,000 gallons is $4.30. The existing rate design for water is illustrated on Table 1.3. ■ Wastewater Monthly Minimum Bills: The existing residential wastewater rate design consists of a monthly minimum bill of $27.00, regardless of meter size or customer class. The existing non-residential wastewater rate design consists of a monthly minimum bill of$21.50, regardless of meter size or customer class. One thousand gallons (1,000)is included in the monthly minimum bill for the non-residential class. ■ Wastewater Volumetric Rates: There is no volumetric rate charged to residential customers. The non-residential volumetric wastewater water rate design consists of a rate per 1,000 gallons of$1.82 for any water consumption over 1,000 gallons. The existing rate design for wastewater is illustrated on Table 1.4. SECTION I—EXECUTIVE SUMMARY PAGE MeLAIN Tad- 1. Pro•ose• gates ater ith$3.5 'Ilion Drawdown in FY 2012 Existing Proposed Planned Planned Planned 2011 2011 2012 2013 2014 (2) (2) (3) (4) (5) 1 Outside to Inside Ratio 1.15 1.15 1.15 1.15 1.15 Monthly Minimum Bills: 2 Residential $ 8.90 $ 9.37 $ 10.00 $ 10.67 $ 11.40 Non-Res denti a I 12.15 12.79 13.65 14.57 15.56 Residential: 4 1,001-10,000 $ 2.99 $ 3.15 $ 3.36 $ 3.59 $ 3.83 5 Over 10,000 3.89 4.09 4.37 4.67 4.98 Nan-Residential: 6 Over 1,000 $ 3.40 $ 3.58 $ 3.82 $ 4.08 $ 4.35 Sprinkler Meters: 7 Over 1,000 $ 4.30 $ 4.53 $ 4.83 $ 5.16 $ 5.51 8 From Monthly Minimum OH $ 1,191,758 $ 1,254,325 $ 1,358,191 $ 1,470,364 $ 1,591,492 9 From Volume Rates 3,766,117 3,963,838 4,278,314 4,617,180 4,982,304 10 Total Revenues Generated $ 4,957,875 $ 5,218,163 $ 5,636,505 $ 6,087,544 $ 6,573,797 11 Avg.Res,Mon.OH 8,000 Gallons $ 29.83 $ 31.40 $ 33.52 $ 35.78 $ 38.19 12 Monthly Difference-$ NJA 1.57 2.12 2.26 2A1 13 Monthly Difference-% NJA 5.3% 6.7% 6.7% 6.7% 14 Avg.Commercial 1 Inch Mon.Bill @ 27,000 Gallons $ 100.55 $ 105.83 $ 112.97 $ 120.60 $ 128.74 15 Monthly Difference-$ NJA 5.28 7.14 7.63 8.14 16 Monthly Difference-% NJA 5.2% 6.8% 6.7% 6.7% 17 Avg.Sprinkler 2 Inch Mon.Bill @ 60,000 Gallons $ 265.85 $ 279.81 $ 298.69 $ 318.86 $ 340.38 18 Monthly Difference-$ NJA 13.96 18.89 20.16 21.52 19 Monthly Difference-% NJA 5.2% 6.7% 6.8% 6.7% 20 Avg.Industrial 3/4 Inch Mon.OH @ 300,000 Gallon $ 1,028.75 $ 1,082.76 $ 1,155.85 $ 1,233.87 $ 1,317.15 21 Monthly Difference-$ NJA 54.01 73.09 78.02 83.29 22 Monthly Difference-% NJA 5.3% 6.8% 6.7% 6.7% SECTION I v EXECUTIVE SUMMARY PAGE 7 MAIN it X .t. . t Ta.le lA Proposed Rates- astewater With$3.5 Million Drawdown in FY 2012 Existing Proposed Planned Planned Planned Planned 2011 2011 2012 2013 2014 2015 (2) (2) (3) (4) (5) (6) 1 Outside to Inside Ratio Monthly Minimum Bilis: 2 Res identi a $ 2.00 $ 2.00 $ 2.00 $ 2.00 $ 2.00 $ 2.00 I Mul ti-Fa mi y I ncl udes 3 Residential $ 27.00 $ 28.31 $ 30.09 $ 31.98 $ 34.01 $ 36.17 4 Multi-Family 27.00 28.31 30.09 31.98 34.01 36.17 Commerca 21.50 22.63 24.16 25.79 27.53 29.39 6 East Fork Residential 27.00 28.31 30.09 31.98 34.01 36.17 7 East Fork Seniors 20.00 20.95 22.22 23.59 25.05 26.60 8 East Fork Commercial 21.50 22.63 24.16 25.79 27.53 29.39 9 Northeast Residential 27.00 28.31 30.09 31.98 34.01 36.17 10 Northeast Seniors 20.00 20.95 22.22 23.59 25.05 26.60 11 Northeast Commercial 21.50 22.63 24.16 25.79 27.53 29.39 Volumetric Rates: 12 Residential $ - $ - $ - $ - $ - $ 13 Multi-Family 14 Commercial 1.82 1.92 2.04 2.18 2.33 2.49 15 East Fork SUD Residential 16 East Fork SUD Seniors 17 East Fork SUD Commercial 1.57 1.65 1.76 1.88 2.01 2.15 18 Northeast SUD Res identi a I 19 Northeast SUD Seniors 20 Northeast SUD Commercial 1.57 1.65 1.76 1.88 2.01 2.15 21 From Monthly Minimum Bill $ 4,128,722 $ 4,345,480 $ 4,706,212 $ 5,095,845 $ 5,516,635 $ 5,971,013 22 From Volume Rates 248,068 261,091 278,715 297,528 317,611 339,050 23 Tota Revenues Generated $ 4,376,790 $ 4,606,571 $ 4,984,927 $ 5,393,373 $ 5,834,246 $ 6,310,063 l 5.2% 6.8% 6.7% 6.7% 6.8% 25 Avg.Res.Mon.Bill @ 8,000 Gallons $ 27.00 $ 28.31 $ 30.09 $ 31.98 $ 34.01 $ 36.17 26 Monthly Difference-$ N/A 1.31 1.78 1.90 2.02 2.16 27 Monthly Difference-% N/A 4.9% 6.3% 6.3% 6.3% 6.4% 28 Avg.Commercial 1 Inch Mon.Bill @ 27,000 Gallons $ 68.82 $ 72.43 $ 77.32 $ 82.54 $ 88.11 $ 94.06 29 Monthly Difference-$ N/A 3.61 4.89 5.22 5.57 5.95 30 Monthly Difference-% N/A 5.3% 6.7% 6.7% 6.8% 6.8% 31 Avg.Industrial 3/4 inch Mon.Bill @ 300,000 Gallon $ 565.68 $ 595.38 $ 635.57 $ 678.47 $ 724.26 $ 773.15 32 Monthly Difference-$ N/A 29.70 40.19 42.90 45.80 48.89 33 Monthly Difference-% N/A 5.3% 6.7% 6.7% 6.8% 6.7% PAGE SECTION 1-EXECUTIVE SUMMARY 401 City of Wylie, Texas MCLAIN Update of Water & Wastewater Rates 1.5. BENCHMARKING WITH OTHER CITIES: Figure 2 illustrates how the average residential water and wastewater bills compare with area cities: Figure 2 Comparison of Selected Cities Combined Residential 5/8 x 3/4 inch Water& Wastewater Average Monthly Bill Water Bills, 8,000 Gallons per Month, Wastewater Bills,8,000 Gallons per Month Rockwall 1$43 50 Forney 544.7C Sunnyvale 4'$45 49] Frisco $53 14i Sachse Wylie $56 83 Murphy IF-55768 Wylie-Scenario 1 $59 02 Wylie-Scenario 2 t$59 711 Plano $65 21 Royse City 1$66 85 McKinney $69 441 Garland Rowlett $83.97 $87.66 Princeton Heath $98 85 SECTION I—EXECUTIVE SUMMARY PAGE 9 \ «� ~ Gym / Decision© z\ A \ , z .` Systems z © M LAIN it II X MeLAIN ALA r SECTION IY 2.1. PURPOSE OF THIS SECTION: A ten-year financial plan has been created for the water and wastewater fund using a "bottom- up" approach. Highlights of the City's water and wastewater costs over the planning period are presented in this section. Salaries have been supported by staffing tables. Operating and maintenance costs have been calculated in considerable detail. 2.2. KEY COST OF SERVICE ASSUMPTIONS: Water and wastewater costs were projected for the period FY 2011 through FY 2019, based on the adopted FY 2011 budget. We believe the underlying assumptions that drive the cost of service through the FY 2019 provide a reasonable basis for management's forecast. However, some assumptions inevitably will not materialize as presented and anticipated events and circumstances may not occur; therefore, the actual results achieved during the forecast periods will vary from the forecast, and the variances may be material. These financial projections were based on the following essential assumptions: ■ Growth; ▪ Additional staffing; ▪ Inflation; SECTION I I—IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 1 it li xMA trs t tr 2.2.1. Growth assumptions. There is no assumption more critical than the growth assumptions that drive the financial plan. Table 2 1 shows the number of water meters that will be added per year. Table 2 2 shows the number of wastewater connections that will be added per year. Ta le .1 ey Finsin : s Growth - ater Annual Annual Consumption Fiscal Additional Billed Year eters Annual Billings (Th. Gals.) 2008 N/A N/A N/A N/A N/A 2009 238 127,474 N/A 1,331,863 N/A 2010 160 129,394 1.5% 1,213,256 -8.9% 2011 160 131,314 1.5% 1,227,808 1.2% 2012 160 133,234 1.5% 1,242,360 1.2% 2013 160 135,154 1.4% 1,256,911 1.2% 2014 160 137,074 1.4% 1,271,463 1.2% 2015 160 138,994 1.4% 1,286,015 1.1% 2016 160 140,914 1.4% 1,300,566 1.1% 2017 160 142,834 1.4% 1,315,118 1.1% 2018 160 144,754 1.3% 1,329,670 1.1% 2019 160 146,674 2.7% 1,344,221 2.2% SECTION I I—IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 11 51 A r, x it I 1 , X MeLAIN t r * t tr t Ta • le .2 Key Findings Growth - ater Billed for astewater Annual Annual Consumption Fiscal Additional Billed Year eters Annual Billings (Th. Gals.) 2008 N/A N/A N/A N/A N/A 2009 222 153,030 N/A 1,232,717 N/A 2010 200 155,430 1.6% 1,127,583 -8.5% 2011 200 157,830 1.5% 1,145,760 1.6% 2012 200 160,230 1.5% 1,163,938 1.6% 2013 200 162,630 1.5% 1,182,116 1.6% 2014 200 165,030 1.5% 1,200,293 1.5% 2015 200 167,430 1.5% 1,218,471 1.5% 2016 200 169,830 1.4% 1,236,648 1.5% 2017 200 172,230 1.4% 1,254,826 1.5% 2018 200 174,630 1.4% 1,273,004 1.4% 2019 200 177,030 2.8% 1,291,181 2.9% SECTION I I-IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 1 ) MeLAIN t r * t tr ‘ t 2.2.2. Additional staffing. Table 2.3 illustrates the projected staffing levels over the next ten years. Ta • ie 2.3 Existing : Projected 0 perating : aintenance Costs Staffing Levels Utility Water Sewer Utility Fiscal Admin Dist, Engineering Collection Billing Total Year 5711 5712 5713 5714 5715 Staffing 2009 7.00 11.00 4.00 4.00 6.00 N/A 2010 7.00 11.00 4.00 4.00 6.00 32.00 2011 3.00 11.00 3.00 4.00 6.00 27.00 2012 4.00 11.00 4.00 5.00 7.00 31.00 2013 4.00 11.00 4.00 5.00 7.00 31.00 2014 4.00 11.00 4.00 5.00 7.00 31.00 2015 5.00 11.00 4.00 6.00 7.00 33.00 2016 5.00 11.00 4.00 6.00 7.00 33.00 2017 5.00 11.00 4.00 6.00 8.00 34.00 2018 6.00 11.00 4.00 7.00 8.00 36.00 2019 6.00 11.00 4.00 7.00 8.00 36.00 Staffing assumptions were provided by the City of Wylie SECTION I I-IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 13 1 x ally III X` , , a a r r • 2.2.3. Salaries & Benefits. Salaries were increased annually using expenditure drivers of 5%, based on the FY 2011 budget. Medical insurance was increased annually at 7.5%. Other benefits were increased as a ratio of salaries. Table 2.4 Existing & Projected Operating & aintenance Costs Salaries& Benefits Utility Water Sewer Utility Fiscal Admin Dist. Engineering Collection Billing % # P P # P Year 5711 5712 5713 5714 5715 Total Incr. 2009 $ 497,726 $ 671,234 $ 370,391 $ 269,737 $ 294,592 $ 2,103,680 N/A 2010 495,265 704,786 391,170 286,310 321,643 2,199,174 4.5% 2011 267,424 634,977 326,466 302,786 331,749 1,863,402 -15.3% 2012 342,283 666,726 357,930 380,690 403,802 2,151,431 15.5% 2013 359,397 700,062 375,827 399,724 423,993 2,259,003 5.0% 2014 377,366 735,065 394,618 419,711 445,192 2,371,953 5.0% 2015 467,414 771,819 414,349 513,429 467,452 2,634,462 11.1% 2016 490,785 810,409 435,067 539,100 490,824 2,766,186 5.0% 2017 515,324 850,930 456,820 566,055 586,949 2,976,079 7.6% 2018 623,489 893,476 479,661 678,555 616,297 3,291,479 10.6% 2019 654,664 938,150 503,644 712,483 647,112 3,456,053 5.0% Percentage Increase FY2010-FY2019-> $ 1,256,879 57.2% SECTION I I- IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 14 City of Wylie, Texas ;' MCLAIN Update of Water & Wastewater Rates • 2.2.4. NTMWD water purchase costs. We have assumed the rate per thousand gallons charged by the North Texas Municipal Water District will increase as follows: Table 2.5 Existing & Projected Operating & Maintenance Costs Water Purchases from NTMWD Planned Annual Consumption Take-or- Actual & Amount Take-or- NTMWD Fiscal Pay Planned Over/(Under) Pay Annual Year Minimum Usage (000's) Minimum Minimum Charges Change 2009 1,721,763 1,503,570 (218,193) $ 1.18 $1,931,462 5.9% 2010 1,721,763 1,369,672 (352,091) 1.25 2,066,680 7.0% 2011 1,721,763 1,386,100 (335,663) 1.37 2,066,680 0.0% 2012 1,721,763 1,402,528 (319,235) 1.52 2,428,731 17.5% 2013 1,721,763 1,418,955 (302,808) 1.65 2,647,112 9.0% 2014 1,721,763 1,435,383 (286,380) 1.78 2,875,727 8.6% 2015 1,721,763 1,451,811 (269,952) 1.83 2,967,259 3.2% 2016 1,721,763 1,468,238 (253,525) 1.88 3,059,447 3.1% 2017 1,721,763 1,484,666 (237,097) 1.93 3,152,293 3.0% 2018 1,721,763 1,501,094 (220,669) 1.98 3,245,796 3.0% 2019 1,721,763 1,517,521 (204,242) 2.03 3,339,955 2.9% Note-the increases projected in the rate per th. gallons are based on a presentation by NTMWD management last year. SECTION I I—IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 15 si X' 4 ,-„ '"` McLOUN r & vr Table 2.6 illustrates that the effective cost per 1,000 gallons paid to the NTMWD is significantly higher, due to the take-or-pay provision of the NTMWD agreement. . 411- XiSti 'r jectes * •erati : al te a ce sts Calculation of Incre ental Increase in T D ater urchase Cost er Th. allons Actual Actual Effective Projected Projected Average Incremental NT D Annual ater Increase ater Volume Purchase Average Fiscal Purchase Billed Cost/ Cost/ Year Costs ÷ (Th. Gals.) = Th. Gals. = Th. Gals. From From Supports Table 2.5 Table 2.1 Table 3.3 2009 $ 1,931,462 1,331,863 = $ 1.45 = N/A 2010 2,066,680 1,213,256 = L70 = 0.25 2011 2,066,680 1,227,808 = 1.68 = (0.02) 2012 2,428,731 1,242,360 = 1.95 = 0.27 2013 2,647,112 ÷ 1,256,911 = 2.11 = 0.15 2014 2,875,727 1,271,463 = 2.26 = 0.16 2015 2,967,259 1,286,015 = 2.31 = 0.05 2016 3,059,447 1,300,566 = 2.35 = 0.05 2017 3,152,293 1,315,118 = 2.40 = 0.04 2018 3,245,796 ÷ 1,329,670 = 2.44 = 0.04 * 2019 3,339,955 1,344,221 = 2.48 = 0.04 SECTION I I—IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 16 1 ally III , X` McLA,Mr" r r ■ 2.2.5. NTMWD wastewater treatment costs. Tables 2.7 — 2.9 illustrate the assumptions used to forecast the wastewater treatment costs. Table 2.7 Existing & Projected Operating & Maintenance Costs NTMWD Muddy Creek Wastewater Treatment Plant Planned Muddy Muddy Average Planned Muddy Creek Creek Cost per Inflated WWTP Creek Fiscal WWTP Flow Th. at 3% Flow WWTP % Year Costs - (000's) = Gallons = Per Year x (000's) = Costs Incr. 2009 N/A 2010 $ 2,975,786 _ 2,259,974 = $ 1.32 2011 3,030,318 _ 2,327,773 = 1.30 1.8% 2012 $ 1.34 x 2,364,704 = $ 3,170,747 4.6% 2013 1.38 x 2,401,635 = 3,316,875 4.6% 2014 1.42 x 2,438,564 = 3,468,914 4.6% 2015 1.47 x 2,475,496 = 3,627,093 4.6% 2016 1.51 x 2,512,425 = 3,791,637 4.5% 2017 1.55 x 2,549,356 = 3,962,793 4.5% 2018 1.60 x 2,586,287 = 4,140,806 4.5% 2019 1.65 x 2,623,216 = 4,325,930 4.5% Percentage Increase FY2010-FY2019-> 45.4% SECTION I I—IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 17 A i s airy III X` ,M McLA air r Table 2.8 Existing Projected Operating & aintenance Costs NTMWD Muddy Creek Interceptor Planned Muddy Muddy Average Planned Muddy Creek Creek Cost per Inflated Interceptor Creek Fiscal Interceptor Flow Th. at 3% Flow Interceptor % Year Costs - (000's) = Gallons = Per Year x (000's) = Costs Incr. 2009 N/A 2010 $ 182,212 + 2,259,974 = $ 0.08 2011 189,507 + 2,327,773 = 0.08 4.0% 2012 $ 0.08 x 2,364,704 = $ 198,289 4.6% 2013 0.09 x 2,401,635 = 207,427 4.6% 2014 0.09 x 2,438,564 = 216,935 4.6% 2015 0.09 x 2,475,496 = 226,827 4.6% 2016 0.09 x 2,512,425 = 237,118 4.5% 2017 0.10 x 2,549,356 = 247,821 4.5% 2018 0.10 x 2,586,287 = 258,954 4.5% 2019 0.10 x 2,623,216 = 270,531 4.5% Percentage Increase FY2010- FY2019-> 48.5% SECTION I I—IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 18 A 1 ally III X` , , r r Table 2.9 Existing & Projected Operating & Maintenance Costs Recap of Wastewater Treatment Costs Muddy Muddy Creek Creek WWTP Interceptor Costs Costs Wylie Fiscal From From WWTP Pretreatment % Year Table 2.7 Table 2.8 Costs Costs Adjustment Total Incr. 2009 N/A N/A N/A N/A N/A $ 3,416,478 N/A 2010 2,975,786 182,212 36,485 56,095 143,687 3,394,265 -0.7% 2011 3,030,318 189,507 33,090 58,944 82,406 3,394,265 0.0% 2012 3,170,747 198,289 34,083 60,712 - 3,463,831 2.0% 2013 3,316,875 207,427 35,105 62,534 - 3,621,941 4.6% 2014 3,468,914 216,935 36,158 64,410 - 3,786,417 4.5% 2015 3,627,093 226,827 37,243 66,342 - 3,957,505 4.5% 2016 3,791,637 237,118 38,360 68,332 - 4,135,447 4.5% 2017 3,962,793 247,821 39,511 70,382 - 4,320,508 4.5% 2018 4,140,806 258,954 40,697 72,494 - 4,512,950 4.5% 2019 4,325,930 270,531 41,917 74,668 - 4,713,046 4.4% Percentage Increase FY2010-FY2019-> $ 1,318,781 38.9% SECTION I I-IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 19 411 '"` McLAM • r r -rade is Existin: : rojecte • eratin: : aintenanse Costs Calculation of T t Incremental aste water Increase in Cost per Th. Gallons Effective Actual & Actual & Average Projected Projected este-- Incremental NT D Annual ater Increase astewater Volume Treatment Average Fiscal Treatment Billed Cost/ Cost/ Year Costs (Th. Gals.) = Th. Gals. = Th. Gals, From From Table 2.9 Table 2.2 2009 $ 3,416,478 a- 1,232,717 = $ 2.77 = N/A 2010 3,394,265 a- 1,127,583 = 3.01 = 0.24 2011 3,394,265 a- 1,145,760 = 2.96 = (0.05) 2012 3,463,831 a- 1,163,938 = 2.98 = 0.01 2013 3,621,941 a- 1,182,116 = 3.06 = 0.09 2014 3,786,417 a- 1,200,293 = 3.15 = 0.09 2015 3,957,505 a- 1,218,471 = 3.25 = 0.09 2016 4,135,447 a- 1,236,648 = 334 = 0.10 2017 4,320,508 o 1,254,826 = 3.44 = 0.10 2018 4,512,950 a- 1,273,004 = 3.55 = 0.10 2019 4,713,046 a- 1,291,181 = 3.65 = 0.11 Note-the effective increase in the average cost per thousand gallons. SECTION I I-IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 20 r ' - - r - M 2.2.6. Other Operating & Maintenance Costs. Most other operating and maintenance costs were driven by an annual inflation factor of 3% Table 2.11 Key Findings Recap of Operating Department Cost Utility Administration (5711) Salaries Materials Fiscal & For Contractural % Year Benefits Supplies Maint. Services Total Change From Supports Table 2.4 Table 2.18 2009 $ 497,726 $ 3,907 $ 200 $ 20,327 522,160 3.0% 2010 495,265 5,200 200 69,100 569,765 9.1% 2011 267,424 5,200 200 44,450 317,274 -44.3% 2012 342,283 5,356 206 45,784 393,628 24.1% 2013 359,397 5,517 212 47,157 412,283 4.7% 2014 377,366 5,682 219 48,572 431,839 4.7% 2015 467,414 5,853 225 50,029 523,521 21.2% 2016 490,785 6,028 232 51,530 548,575 4.8% 2017 515,324 6,209 239 53,076 574,848 4.8% 2018 623,489 6,395 246 54,668 684,798 19.1% 2019 654,664 6,587 253 56,308 717,812 4.8% SECTION I I-IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 21 1 ally III X` ,M `" a a r r Ta • le 2.12 Key Findings Recap of Operating Department Cost ater Distribution (5712) Salaries Materials Fiscal & For Contractural Capital Year Benefits Supplies Maint. Services Outlay Total Change From Supports Table 2.4 Table 2.18 2009 $ 671,234 $ 21,150 $ 81,990 $ 227,023 $ 9,985 1,011,381 -4.1% 2010 704,786 40,800 99,700 254,700 10,000 1,109,986 9.7% 2011 634,977 42,375 99,700 258,700 13,000 1,048,752 -5.5% 2012 666,726 43,646 102,691 266,461 13,390 1,092,914 4.2% 2013 700,062 44,956 105,772 274,455 13,792 1,139,036 4.2% 2014 735,065 46,304 108,945 282,688 14,205 1,187,208 4.2% 2015 771,819 47,693 112,213 291,169 14,632 1,237,526 4.2% 2016 810,409 49,124 115,580 299,904 15,071 1,290,088 4.2% 2017 850,930 50,598 119,047 308,901 15,523 1,344,999 4.3% 2018 893,476 52,116 122,618 318,168 15,988 1,402,367 4.3% 2019 938,150 53,679 126,297 327,713 16,468 1,462,308 4.3% SECTION I I-IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 22 1 airy III X` ,M r" r r Ta • le 2.13 Key Findings Recap of Operating Department Cost Engineering (5713) Salaries Materials Fiscal & For Contractural Capital Year Benefits Supplies Maint. Services Outlay Total Change From Supports Table 2.4 Table 2.18 2009 $ 370,391 $ 5,183 $ 129 $ 50,443 $ 308 426,455 0.8% 2010 391,170 12,050 1,100 84,750 - 489,070 14.7% 2011 326,466 18,050 12,750 52,750 25,000 435,016 -11.1% 2012 357,930 18,592 13,133 52,273 25,750 467,677 7.5% 2013 375,827 19,149 13,526 53,841 26,523 488,866 4.5% 2014 394,618 19,724 13,932 55,456 27,318 511,048 4.5% 2015 414,349 20,315 14,350 57,120 28,138 534,272 4.5% 2016 435,067 20,925 14,781 58,833 28,982 558,587 4.6% 2017 456,820 21,553 15,224 60,598 29,851 584,046 4.6% 2018 479,661 22,199 15,681 62,416 30,747 610,704 4.6% 2019 503,644 22,865 16,151 64,289 31,669 638,618 4.6% SECTION I I-IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 23 A i s ally III X` 411 ,M `" a a r r Ta • le 2.14 Key Findings Recap of Operating Department Cost Sewer Collection (5714) Salaries Materials Fiscal & For Contractural Year Benefits Supplies Maint. Services Total Change From Supports Table 2.4 Table 2.18 2009 $ 269,737 $ 16,131 $ 98,565 $ 109,752 494,185 8.8% 2010 286,310 24,400 71,650 118,300 500,660 1.3% 2011 302,786 27,590 69,150 117,100 635,126 26.9% 2012 380,690 28,418 71,225 120,613 723,000 13.8% 2013 399,724 29,270 73,361 124,231 752,304 4.1% 2014 419,711 30,148 75,562 127,958 782,868 4.1% 2015 513,429 31,053 77,829 131,797 887,481 13.4% 2016 539,100 31,984 80,164 135,751 924,374 4.2% 2017 566,055 32,944 82,569 139,824 962,887 4.2% 2018 678,555 33,932 85,046 144,018 1,087,292 12.9% 2019 712,483 34,950 87,597 148,339 1,133,481 4.2% SECTION I I-IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 24 1 airy III X` ,M r" r r Ta • le 2.15 Key Findings Recap of Operating Department Cost Utility Billing (5715) Salaries Materials Fiscal & For Contractural Capital Year Benefits Supplies Maint. Services Outlay Total Change From Supports Table 2.4 Table 2.18 2009 $ 294,592 $ 10,537 $ 13,916 $ 102,916 $56,659 478,621 -22.3% 2010 321,643 15,054 15,130 187,690 26,500 566,017 18.3% 2011 331,749 16,654 16,294 187,990 26,500 579,187 2.3% 2012 403,802 17,154 16,783 193,630 27,295 658,664 13.7% 2013 423,993 17,668 17,286 199,439 28,114 686,500 4.2% 2014 445,192 18,198 17,805 205,422 28,957 715,574 4.2% 2015 467,452 18,744 18,339 211,584 29,826 745,945 4.2% 2016 490,824 19,307 18,889 217,932 30,721 777,673 4.3% 2017 586,949 19,886 19,456 224,470 31,642 882,403 13.5% 2018 616,297 20,482 20,040 231,204 32,592 920,614 4.3% 2019 647,112 21,097 20,641 238,140 33,569 960,559 4.3% SECTION I I-IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 25 ▪ 2.2.7. Non-operating costs. The following tables illustrate the other non-operating costs that are incorporated into the financial plan. ▪ 2.2.8. Existing and planned debt. The following tables show the principal and interest payments incorporated into the cost of service. SECTION I I—IDENTIFICATION of REVENUE REQUIREMENTS PAGE 2 A airy III X` ,M r" r r Tasle2.1 . Key Fins ings Components of Non-Departmental Costs (5719) Recap of Existing ater& astewater Debt Service Payments PPFCO All All All Fiscal Series Revenue GO Combo Fiscal r Year 2005 Debt Debt Debt Fees Total Supports Table 2.17 2009 - - - - $ 582,293 2010 151,453 338,010 421,688 577,576 10,000 1,498,727 2011 151,454 - 591,989 576,175 5,000 1,324,618 2012 151,454 - 598,400 579,275 5,000 1,334,129 2013 151,451 - 598,313 576,875 5,000 1,331,639 2014 151,453 - 612,013 578,975 5,000 1,347,441 2015 151,453 - 609,913 580,475 5,000 1,346,841 2016 75,727 - 391,713 576,475 5,000 1,048,915 2017 - - 396,838 576,975 5,000 978,813 2018 - - 293,025 576,875 5,000 874,900 2019 - - 291,087 576,175 5,000 872,262 SECTION I I-IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 27 A ally III X` , , air r Table 2.17 Key Findings Components of Non-Departmental Costs (5719) Transfer Funding All NTMWD NTMWD to of Other Fiscal Water Sewer Existing General Pwks Non- Year Costs Costs Debt Fund Building Dept. Total From From From Supports Table 2.5 Table 2.9 Table 2.16 Table 2.18 2009 $ 1,931,462 $ 3,416,478 $ 582,293 $ 450,000 $ - $ 189,636 $ 6,569,870 2010 2,066,680 3,394,265 1,498,727 450,000 - 151,910 7,561,582 2011 2,066,680 3,394,265 1,324,618 1,247,612 - 225,320 8,258,495 2012 2,428,731 3,463,831 1,334,129 1,676,997 3,500,000 232,080 12,635,768 2013 2,647,112 3,621,941 1,331,639 1,727,307 - 239,042 9,567,041 2014 2,875,727 3,786,417 1,347,441 1,779,126 - 246,213 10,034,925 2015 2,967,259 3,957,505 1,346,841 1,832,500 - 253,600 10,357,705 2016 3,059,447 4,135,447 1,048,915 1,887,475 - 261,208 10,392,492 2017 3,152,293 4,320,508 978,813 1,944,099 - 269,044 10,664,757 2018 3,245,796 4,512,950 874,900 2,002,422 - 277,115 10,913,183 2019 3,339,955 4,713,046 872,262 2,062,495 - 285,429 11,273,187 SECTION I I—IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 28 1 airy III X` , , a a r r Table 2.18 Recap of the Gross Cost of Service Utility Water Sewer Utility Non- Fiscal Admin Dist. Engineering Collection Billing Dept % r r 1 7 7 r Year 5711 5712 5713 5714 5715 5719 Total Incr. From From From From From From Supports Table 2.11 Table 2.12 Table 2.13 Table 2.14 Table 2.15 Table 2.17 Table 2.17 2009 $ 522,160 $1,011,381 $ 426,455 $ 494,185 $ 478,621 $ 6,569,870 $ 9,502,672 N/A 2010 569,765 1,109,986 489,070 500,660 566,017 7,561,582 10,797,080 13.6% 2011 317,274 1,048,752 435,016 635,126 579,187 8,258,495 11,273,850 4.4% 2012 393,628 1,092,914 467,677 723,000 658,664 12,635,768 15,971,651 41.7% 2013 412,283 1,139,036 488,866 752,304 686,500 9,567,041 13,046,029 -18.3% 2014 431,839 1,187,208 511,048 782,868 715,574 10,034,925 13,663,462 4.7% 2015 523,521 1,237,526 534,272 887,481 745,945 10,357,705 14,286,449 4.6% 2016 548,575 1,290,088 558,587 924,374 777,673 10,392,492 14,491,788 1.4% 2017 574,848 1,344,999 584,046 962,887 882,403 10,664,757 15,013,939 3.6% 2018 684,798 1,402,367 610,704 1,087,292 920,614 10,913,183 15,618,959 4.0% 2019 717,812 1,462,308 638,618 1,133,481 960,559 11,273,187 16,185,966 3.6% Percentage Increase FY2010-FY2019-> $ 5,388,886 49.9% SECTION I I- IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 29 1 x ally III X` i ,Mr" air r • 2.2.9. Revenue offsets. The following tables illustrate the projection of the non-rate revenues. Note-these revenues are used to reduce the revenues required from rates. Table 2.19 Key Findings Recap of Revenue Offsets -Service Charges Utility Weekend Water Sewer Turn On/ Water Pre- Inspection Tap Tap Turn Off Sales Treatment Fiscal Fees Penalties Fees Fees Fees Bulk Fees Year (44315) (44515) (44516) P (44517) P (44518) (44519) (44520) Total Supports Table 2.21 2009 1,000 163,618 54,245 6,220 62,275 16,184 38,654 342,196 2010 9,000 160,000 45,000 6,000 60,000 20,000 40,000 340,000 2011 9,000 160,000 45,000 10,000 60,000 10,000 45,000 339,000 2012 9,000 170,544 45,658 10,146 60,877 10,146 45,658 352,030 2013 9,000 181,754 46,316 10,292 61,755 10,292 46,316 365,725 2014 9,000 193,671 46,974 10,439 62,632 10,439 46,974 380,128 2015 9,000 206,339 47,632 10,585 63,509 10,585 47,632 395,281 2016 9,000 221,369 48,290 10,731 64,386 10,731 48,290 412,797 2017 9,000 232,979 48,948 10,877 65,264 10,877 48,948 426,893 2018 9,000 240,450 49,606 11,024 66,141 11,024 49,606 436,849 2019 9,000 249,342 50,264 11,170 67,018 11,170 50,264 448,227 SECTION I I-IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 30 A i s ally III X` 411 ,M `" a a r a a r Ta • Ie2.21 Key Findings Recap of Revenue Offsets -A11 Other Revenue Offsets Transfer Fiscal Interest Impact From Contributions Year Income Misc. Fees Fleet Fund Sewer Total Supports Table 2.21 2009 $ 191,389 $ 539,801 $ 1,500,000 $ - $ 51,500 $ 2,282,689 2010 30,000 30,000 1,500,000 - - 1,560,000 2011 30,000 35,000 1,500,000 241,440 - 1,806,440 2012 30,000 30,000 - - - 60,000 2013 30,000 30,000 - - - 60,000 2014 30,000 30,000 - - - 60,000 2015 30,000 30,000 - - - 60,000 2016 30,000 30,000 - - - 60,000 2017 30,000 30,000 - - - 60,000 2018 30,000 30,000 - - - 60,000 2019 30,000 30,000 - - - 60,000 SECTION I I-IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 31 1 x airy III X` , , a a r r Table 2.21 Existing . Projected Total Sources of Funds Waste- Non- Non- Total Water Water Rate Rate Sources Revenues Revenues Operating Operating of Generated Generated Revenue Revenue Funds Fiscal From From From From Supports Year Rates Rates Table 2.19 Table 2.20 Table 2.22 2009 $ 4,858,817 $ 4,218,909 $ 342,196 $ 2,282,689 $ 11,702,612 2010 4,899,029 4,316,790 340,000 1,560,000 11,115,818 2011 5,218,163 4,606,571 339,000 1,806,440 11,970,174 2012 5,636,505 4,984,927 354,460 60,000 11,035,893 2013 6,087,544 5,393,373 370,943 60,000 11,911,860 2014 6,573,797 5,834,246 388,527 60,000 12,856,570 2015 7,097,957 6,310,063 407,298 60,000 13,875,318 2016 7,465,516 6,647,752 421,269 60,000 14,594,537 2017 7,775,637 6,935,029 433,483 60,000 15,204,150 2018 8,097,646 7,233,560 446,075 60,000 15,837,281 2019 8,431,972 7,543,761 459,057 60,000 16,494,791 SECTION I I-IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 32 A i s airy III X` ,M r" a a r r Ta • le 2.22 Key Findings Recap of the Sources & Uses of Funds Less Total Gross Equals Beginning Sources Cost of Sources Operating of Funds Service Minus Equals Fiscal Reserve From From Uses of Ending Year Balance Table 2.21 Table 2.18 Funds Balance 2009 $ 15,477,878 $ 11,702,612 $ (9,502,672) $ 2,199,940 $ 16,264,529 2010 9,820,167 11,115,818 (10,797,080) 318,739 10,138,906 2011 10,138,905 11,970,174 (11,273,850) 696,324 10,835,230 2012 10,835,230 11,035,893 (15,971,651) (4,935,758) 5,899,472 2013 5,899,472 11,911,860 (13,046,029) (1,134,168) 4,765,303 2014 4,765,303 12,856,570 (13,663,462) (806,893) 3,958,411 2015 3,958,411 13,875,318 (14,286,449) (411,132) 3,547,279 2016 3,547,279 14,594,537 (14,491,788) 102,749 3,650,028 2017 3,650,028 15,204,150 (15,013,939) 190,210 3,840,238 2018 3,840,238 15,837,281 (15,618,959) 218,322 4,058,560 2019 4,058,560 16,494,791 (16,185,966) 308,825 4,367,385 SECTION I I-IDENTIFICATION OF REVENUE REQUIREMENTS PAGE 33 . . . A \ � ww2 #min y* , y r)ecis ma 1P1II 1 !sems cL AIN' . . . . * Worksheet 1 Financial Summary-Combined Water&Wastewater With$3.5 Million Drawdown_.. Revised Planned Planned Planned Planned Planned Planned Planned Planned` Planned 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Description (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Beginning Working Capital Reserve $ 9,820,167 $ 10,138,905 $ 10,835,230 $ 5,899,472 $ 4,765,303 $ 3,958,411 $ 3,547,279 $ 3,650,028 $ 3,840,238 $ 4,058,560 Water Sa les $ 4,899,029 $ 5,218,163 $ 5,636,505 $ 6,087,544 $ 6,573,797 $ 7,097,957 $ 7,465,516 $ 7,775,637 $ 8,097,646 $ 8,431,972 Sewer Treatment 4,316,790 4,606,571 4,984,927 5,393,373 5,834,246 6,310,063 6,647,752 6,935,029 7,233,560 7,543,761 Bulk Water Sales 20,000 10,000 10,146 10,292 10,439 10,585 10,731 10,877 11,024 11,170 Penalties 160,000 160,000 172,975 186,972 202,070 218,355 229,841 239,569 249,675 260,172 All Other Service Fees 160,000 169,000 171,339 173,679 176,018 178,358 180,697 183,037 185,376 187,715 Interest Income 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 Miscellaneous Income 30,000 35,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 Transfer from Impact Fee Fund 1,500,000 1,500,000 Transfer from Fleet Fund 241,440 Contributions Service Fees $ 11,115,818 '.$ 11,970,174 $ 11,035,893 $ 11,911,860 '.$ 12,856,570 '.$ 13,875,318 $ 14,594,537 '.$ 15,204,150 '.$ 15,837,281 $ 16,494,791 Utility Administration(5711) $ 569,765 $ 317,274 $ 393,628 $ 412,283 $ 431,839 $ 523,521 $ 548,575 $ 574,848 $ 684,798 $ 717,812 Water Distribution(5712) 1,109,986 1,048,752 1,092,914 1,139,036 1,187,208 1,237,526 1,290,088 1,344,999 1,402,367 1,462,308 Engineering(5713) 489,070 435,016 467,677 488,866 511,048 534,272 558,587 584,046 610,704 638,618 Sewer Collection(5714) 500,660 635,126 723,000 752,304 782,868 887,481 924,374 962,887 1,087,292 1,133,481 Utility Billing(5715) 566,017 579,187 658,664 686,500 715,574 745,945 777,673 882,403 920,614 960,559 NTMWD-Water Purchases 2,066,680 2,066,680 2,428,731 2,647,112 2,875,727 2,967,259 3,059,447 3,152,293 3,245,796 3,339,955 NTMWD-Sewer Treatment 3,394,265 3,394,265 3,463,831 3,621,941 3,786,417 3,957,505 4,135,447 4,320,508 4,512,950 4,713,046 All Other O&M Expenditures 151,910 225,320 232,080 239,042 246,213 253,600 261,208 269,044 277,115 285,429 Total Operating Expenditures $ 8,848,353 $ 8,701,620 $ 9,460,525 $ 9,987,083 $ 10,536,895 $ 11,107,109 $ 11,555,398 $ 12,091,027 $ 12,741,637 $ 13,251,209 Debt Service-Existing $ 1,498,727 $ 1,324,618 $ 1,334,129 $ 1,331,639 $ 1,347,441 $ 1,346,841 $ 1,048,915 $ 978,813 $ 874,900 $ 872,262 Debt Service-Planned 3,500,000 Total Debt Service $ 1,498,727 $ 1,324,618 $ 4,834,129 $ 1,331,639 $ 1,347,441 $ 1,346,841 $ 1,048,915 $ 978,813 $ 874,900 $ 872,262 Transfer to General Fund I$ 450,000 $ 1,247,612 $ 1,676,997 $ 1,727,307 $ 1,779,126 $ 1,832,500 $ 1,887,475 $ 1,944,099 $ 2,002,422 $ 2,062,495 Non-Operating Expenditures $ 450,000 $ 1,247,612 $ 1,676,997 $ 1,727,307 $ 1,779,126 $ 1,832,500 $ 1,887,475 $ 1,944,099 $ 2,002,422 $ 2,062,495 Total Uses of Funds $10,797,080 $11,273,850 $15,971,651 $13,046,029 $13,663,462 $14,286,449 $14,491,788 $15,013,939 $15,618,959 $16,185,966 Sources Minus Uses of Funds $ 318,738 $ 696,324 $ (4,935,758) $ (1,134,168) $ (806,893) $ (411,132) $ 102,749 $ 190,210 $ 218,322 $ 308,825 Ending Working Capital Reserve $ 10,138,905 $ 10,835,230 $ 5,899,472 $ 4,765,303 $ 3,958,411 $ 3,547,279 $ 3,650,028 $ 3,840,238 $ 4,058,560 $ 4,367,385 %of Operating Expenditures 94% 96% 37% 37%, 29% 25% 25% 26% 26% 27% Targeted Days of Operating Reserves 90 90 90 90 90 90 90 90 90 90 Days of Working Capital 343 351 173 133 106 91 92 93 95 98 Revenue Increases Suggested........ Water N/A 5.25% 6.75% 6.75% 6.75% 6.75% 4.00% 3.00% 3.00% 3.00% Wastewater N/A 5.25% 6.75% 6.75% 6.75% 6.75% 4.00% 3.00% 3.00% 3.00% Overall Water&Wastewater N/A 5.25% 6.75% 6.75% 6.75% 6.75% 4.00% 3.00% 3.00% 3.00% APPENDIX A PAGE 3