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02-27-2007 (City Council) Agenda Packet
Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, February 27, 2007 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North John Mondy Mayor Carter Porter Mayor Pro Tern Earl Newsom Place 1 M. G. "Red" Byboth Place 2 Eric Hogue Place 3 Merrill Young Place 4 Rick White Place 5 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Recognition of 4th Six Weeks Star Students—Character Trait"Trustworthiness" 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. February 27,2007 Wylie City Council Regular Meeting Agenda Page 2 of 4 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 Minutes from the February 13, 2007 Regular City Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2007-08(R) authorizing the City Manager to execute a contract between the City of Wylie, Texas and American National Bank of Texas to provide basic banking services to the City. (L. Williamson, Finance Director) C. Consider, and act upon, Resolution No. 2007-09(R) authorizing the City Manager to execute a contract between the City of Wylie, Texas and JP Morgan/Chase to provide on-line payment options for city services through JP Morgan's Pay Connexion product. (L. Williamson, Finance Director) D. Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement between Collin County and the City of Wylie, Texas for GIS Services. (N. Flores, Assistant Fire Chief) E. Consider, and act upon, approval of a Final Plat creating a single lot on 20.4 acres for multi-family development. The property is generally located south of FM 544 between Hooper Road and Wylie High School within Woodbridge North Subdivision. (R. 011ie, Planning Director) F. Review and place on file 2006 Annual Traffic Contact Report. (J. Butters, Assistant City Manager) G. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of December 31, 2006. (S. Satterwhite, WEDC Executive Director) H. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2007. (S. Satterwhite, WEDC Executive Director) REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Neighborhood Services (NS) to Light Industrial (LI) District, generally located north of Brown Street and approximately 390 feet east of Eubanks Lane. Zoning Case 2007-01. (R. 011ie, Planning Director) February 27,2007 Wylie City Council Regular Meeting Agenda Page 3 of 4 Executive Summary The applicant is requesting to rezone the property to allow for industrial warehouse and open storage uses. The 4.6 acre lot has been platted since 1986 as Wyndham Estates Phase 3, Lot 24 and was originally zoned Industrial District. However, with the city-wide zoning in 2001, the property was rezoned to NS. Properties to the north and west are zoned LI and are currently being used for light industrial uses. The Comprehensive Land Use Plan recommends Light Industrial zoning on subject property as well as abutting properties to the north and west. At the February 06, 2007 Planning & Zoning Commission meeting, the Commission voted 6-0 to recommend approval of Zoning Case 2007-01. 2. Hold a Public Hearing and consider, and act upon, Ordinance No. 2007-04 amending the City of Wylie Zoning Ordinance No. 2006-04, Article 5 (Use Regulations), Section 5.1 (Land Use Charts), Subsection I (Wholesale, Distribution & Storage) and Section 5.2 (Listed Uses), Subsection I (Wholesale, Distribution & Storage) to establish regulations governing the location of Mini-warehouse (Self- Storage) uses throughout the City. (R. 011ie, Planning Director) Executive Summary Staff was directed by the Planning & Zoning Commission to pursue amending the regulation of Mini- warehouse uses throughout the City. (Nov.7, 2006) The current ordinance allows the use by right within Commercial Corridor(CC) District, Light Industrial (LI), and with a Special Use Permit(SUP) within the Community Retail (CR) District. The proposed amendment will continue to allow the use by right within LI,allow by right in HI,allow with an SUP in CC and prohibit the use within CR District. General Business 3. Consider, and act upon, Ordinance No. 2007-05 amending Ordinance No. 2006-58 by adding a convenience fee for on-line payments made through the City's website of$1.75 for residential and business customers, containing a severability clause and providing for an effective date. (L. Williamson, Finance Director) Executive Summary Under a separate agenda item, the finance department is asking for an approval of a contract with JP Morgan/Chase for an on-line payment portal to the City's website called Pay Connexion. The cost of this service to the city is free of any charges;however a$1.75 will be charged for each credit card or debit card transaction by a customer at time of sale. The current Ordinance No. 2006-58 authorizes a $3.00 convenience fee to be collected at the point of sale (utility billing desk, court cashier, etc.) This will not change. We need to add the new convenience fees for on-line payments made through our website. 4. Consider, and act upon, all matters incident and related to approving and authorizing publication of notice of intention to issue Certificates of Obligations, including the adoption of Resolution No. 2007-10(R) pertaining thereto. (L Williamson, Finance Director) Executive Summary The City approved a 5 year Capital Improvement Plan (CIP) for water and sewer projects and identified them as being funded with Certificates of Obligations. The Debt Service for these projects was included in the City's Water Rate Study. This resolution authorizes a notice to be published of the City Council's intention to issue Certificates of Obligation in an amount not to exceed$7,750,000; to be paid from water &sewer revenues and water and sewer impact fees. 5. Consider, and act upon, Resolution No. 2007-11(R) authorizing the purchase of a vehicle for the Criminal Investigations Division. (J. Butters, Assistant City Manager) February 27,2007 Wylie City Council Regular Meeting Agenda Page 4 of 4 Executive Summary A rising case load has made it necessary to move an officer from Patrol to Criminal Investigations Division. In order to facilitate this transfer we will need an additional CID car. There are budgeted funds available as two cars that were scheduled for replacement are being retained. Both of the vehicles being retained have low mileage and are still in good shape. 6. Consider, and act upon, Ordinance No. 2007-06 amending Chapter 18 (Animals), Section 18-9 (Livestock and Fowl), of the Wylie Code of Ordinances. (J. Butters, Assistant City Manager) Executive Summary The current Wylie Code of Ordinance is in conflict with the Zoning Ordinance and it has been amended so they are no longer in conflict. The City of Wylie Livestock and Fowl Ordinance No.18-9 (a)reads in part, "no more than one animal defined as being livestock per 4,500 square feet of available space may be kept in any agricultural zoning district or residential lot of one acre or more in size". The way the current ordinance is written it would allow nine (9) animals defined as being livestock per acre which does not comply with the Comprehensive Zoning Ordinance or the land use chart 5.1. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Presentation update and discussion related to construction of the new Library, Recreation Center and City Hall. (ARCHITEXAS, Architect/Holzman Moss Architecture/Thomas. S. Byrne, Ltd. Construction Manager) ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 23'd day of February, 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE 1 Minutes Wylie City Council Tuesday, February 13, 2007 —6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Carter Porter, Councilman Red Byboth, Councilman Eric Hogue, Councilman Rick White and Councilman Earl Newsom. Councilman Merrill Young was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Finance Director, Larry Williamson; Fire Chief, Randy Corbin; Public Services Director, Mike Sferra; Planning Director, Renae' 011ie; Public Library Director, Rachel Orozco; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Pastor Kris Segrest of the First Baptist Church gave the Invocation and Boy Scout Pack 304; Den 10 led the Pledge of Allegiance. PRESENTATION • Recognition of Franqee Higgins receiving the National Association of Home Builders President's Award Wylie Building Inspector, Franqee Higgins was recognized by members of the Wylie City Council, City Administration and Building Department staff for receiving the National Association of Home Builders President's Award for his work with Job Corps through the sponsorship of HBI. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present to address Council during Citizens Comments. Minutes—February 13, 2007 Wylie City Council Page 1 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of Minutes from the January 18, 2007 Joint Meeting of the Wylie City Council and Wylie Economic Development Corporation, Minutes from the January 23, 2007 Regular City Council Meeting, and the Minutes from the February 6, 2007 Special Called Work Session. (C. Ehrlich, City Secretary) B. Consider, and act upon, award of a contract to Starnes Plumbing for the replacement of lateral sewer lines on designated residential properties within the City. (M. Sferra, Public Services Director) C. Consider, and act upon, approval of an agreement between the City of Wylie and The Dallas Morning News for a 12 month period for the purpose of employment recruiting advertising. (L. Fagerstrom, Human Resources Manager) D. Consider, and act upon, awarding a bid, in the amount of$13,303.00, to A New Deal Irrigation for the installation of an irrigation system at Olde City Park. (M. Sferra, Public Services Director) Council Action A motion was made by Councilman White, seconded by Councilman Byboth to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Councilman Young absent. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending zoning from SF-10/24 to SF-10/24 with Special Use Permit (SUP) for a Telecommunications Tower to be located generally at the northeast corner of Stone Road and Akin Lane. ZC 2006- 19. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant is proposing to construct an 80-foot tall tower and incorporate telecommunications antennas and equipment on a 900 square foot lease space located southeast of the existing church building. The subject property is located on the northeast corner of Stone Road and Akin Lane and is zoned SF-10/24. Since the mid-1960s, First Christian Church of Wylie has occupied the 3.3 acre tract. Properties north, south, east and west are zoned SF-10/24 and has been developed for single family residential uses. She reported that this request complies with all sixteen (16) provisions of Article 5, Section G. 14, (e) regulating telecommunication towers. At the January 16, 2007 Planning & Zoning Commission meeting, the Commission voted 3-2 to recommend approval of Zoning Case 2006-19. Minutes—February 13, 2007 Wylie City Council Page 2 Applicant Comments Dave Kirk representing T-Mobil 3708 Bishop Hill, Carrollton addressed Council with a brief presentation. Mr. Kirk explained that the proposed tower would be enclosed in a structure made of material close to the design of the church. He showed pictures of other constructed towers in the area that had this type of design. He explained that the reason for choosing this location was based on the amount of calls regarding coverage in this area. He explained that the tower needed to be in direct proximity to the area needing the additional coverage. He showed a map depicting where communication towers were within the City and the distance of coverage for each tower. He stated that the Wylie Ordinance controlling distance between towers was very good. He reported some statistics regarding cell phone usage (220 million cell phone users)and minutes use in the first 6 months of 2006 were 857 billion. Public Hearings Mayor Mondy opened the public hearing at 6:20 p.m. (ZC 2006-19) Alicia White residing at 814 Forest Edge Wylie Texas addressed Council stating that she was against the installation of an 80 foot tower located at the church site. She explained that her objection was based on the size of the church in comparison to the tower which was three times higher. She explained that this would set precedence for all neighborhoods and it was not in compliance with the high standards Wylie leaders were trying to maintain. She suggested placing the tower near a school building or city property. Natalie Escaieda residing at 504 Candlewood Ct. Wylie, Texas addressed Council stating that her backyard was in direct view of the church. She was opposed to the tower being placed at the church because of the difference in proportion to the church. She also explained that her backyard had no fence to obstruct any portion of the tower. Harold Hembree, Pastor of First Christian Church addressed Council stating that he was in favor of the tower. He stated that the proposed tower would not set precedence. He mentioned several existing towers in the Wylie area which were constructed without a building enclosure that were sixty to ninety feet in height and were located in close proximity to residential/commercial areas with homes ranging in price from $300,000. to $500,000. He reminded Council that this tower was requested to be placed in the immediate area for coverage and would not hamper anyone in the neighborhood from outdoor recreation at their residences. He stated that T-Mobil in conjunction with the church were rendering a service the community demands and deserves. With no other citizens wishing to address Council during the public hearing, Mayor Mondy closed the public hearing at 6:33 p.m. Council Discussion Mayor Mondy stated that he had a problem with a not-for-profit organization being involved with revenue generating business and the property not being on the tax roll. Mr. Kirk explained to Council that a portion of the contract signed with the land owner designated that any additional property tax would be paid by T-Mobil. Mayor Monday stated that he did not believe the church was required to pay property tax as a not-for-profit organization. Mayor Mondy explained that he would like to see the City Council do a fee similar to the City of Keller. He reported that in the City of Keller, a fee is charged for cell phone towers with the understanding that the towers take away from the environment and beauty of the landscape. He reported that the fee charged to the companies approved for the placement of a tower installation were then used for statuaries and other art structures to enhance the beauty of the city. "I believe if we are going to be taking away from the aesthetic value of the City, we should be putting something back in". Councilman Byboth stated that he was well versed in the tower business. He reported that he had looked at the tower mentioned at 190 and Garland Road and felt it was a good Minutes—February 13, 2007 Wylie City Council Page 3 looking tower. He stated that he did have a problem with a not-for-profit organization leasing a tower to a for profit organization. "This City is inundated with tax exempt property". Mayor Mondy explained that 17% of Wylie property is owned by the North Texas Municipal Water District and 20% by Wylie ISD and another 17%-20% of City owned property, that takes a lot of taxable property off the tax rolls. Councilman Byboth explained that this put the tax burden on those with taxable property. He explained that when he ran for office he ran on the promise to reduce the tax burden on tax paying residents. He asked that a compromise be met, stating that it was the principal of the issue to pay taxes or other fees for revenue generating property. He stated that he wanted the church to benefit but also the citizens in Wylie. Mayor Mondy asked if the item should be tabled to allow time for an Ordinance to be put in place regarding proposed fees for towers. Mr. Kirk asked if the proposed ordinance would cover all cell towers and not single out any one company. Mayor Mondy stated it would. Finance Director Williamson advised Council that there was a program that many state and local governments used that was called a Pilot Payment (payment in lieu of taxes) that enabled cities to receive a fee (Pilot Payment)at the front end in lieu of property taxation when the property is taken off the tax rolls. These funds could be placed in a city fund; once an ordinance was passed regulating what the funds would be used for, those funds could be spent. In this way the church retains the lease and the property is not simple deeded to the owner of the tower but rather a fee is paid to compensate for loss of tax revenue. Councilman Byboth asked if Council could make a motion that includes a caveat for a fee once the ordinance and fee were set. Mayor Mondy suggested tabling the item for a couple of weeks to structure an ordinance. He stated that he liked the Pilot Program concept. Councilman White asked why the cell towers could not be place on existing water towers, electrical line equipment and other existing structures, rather than creating new structures in residential areas. He explained that more and more cities were placing these towers on existing water facilities which the City had currently within the proposed area. Mr. Kirk addressed Councilman White's concern and explained that the first process T- Mobil performed was looking at existing structures for tower placement. He stated that in this particular case there were no structures close enough to the area needing coverage. Mr. Kirk stated that he believed the tower could be placed at 70 feet rather than the proposed 80 feet if this was necessary to satisfy concerns addressed. Councilman White replied that it would be much easier for the residents in the area to swallow a 50 to 60 ft. tower than a 70 to 80 ft. tower. Mr. Kirk responded that after the Planning and Zoning meeting he had contacted the engineers to see what the bare minimum would be for the proposed tower and they reported that the minimum would be 65 feet to get any coverage. He stated that without this minimum it would not be worth building. Councilman White stated that he would like to see this tower be no higher than 50 feet. Councilman Hogue stated that he was not in favor of towers being placed in all residential locations. He explained that last year there was an application for a tower in one area that had many trees and the tower was not exposed to a great extent; then another tower application had the placement in clear site. He explained that he had driven by several churches that had the tower installations and he was not in favor of the proportion of this tower to the height of the church. Councilman Newsom stated that he had concerns about placing a caveat on any approval with the regulations and fees associated with the ordinance unknown. He also stated that he had some of the same concerns Councilman White had regarding the height or the tower. Mayor Mondy asked T-Mobil representative what the value was of a tower in total. Mr. Kirk replied that it was somewhere between $150,000. and $200,000. but he did not have the breakdown of personnel to materials and other items factored into that cost estimate. He stated he did believe the personnel cost was a small portion of the cost. Council Action A motion was made by Councilman Byboth seconded by Mayor Pro Tern Porter to approve Zoning Case 2006-19 amending zoning from SF-10/24 to SF-10-/24 with a Special Use Permit (SUP) for a Telecommunications Tower to be located generally at the northeast corner of Stone Road and Akin Lane with the caveat that we make some kind of Pilot Program for tax recovery of ad valorem taxes for the footprint of the site. A vote was taken with Mayor Mondy, Mayor Pro Tern Porter and Councilman Byboth voting for and Councilman White, Councilman Hogue and Councilman Newsom voting against. Councilman Young was absent. Zoning Case 2006-19 was denied due to the lack of a majority vote. Minutes—February 13, 2007 Wylie City Council Page 4 General Business 2. Consider, and act upon, Ordinance No. 2007-03 amending Section 18.00 (Library Fees) of Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance). (R. Orozco, Library Director) Staff Comments Library Director Orozco addressed Council stating that the Rita and Truett Smith Public Library is updating its Fines and Fees Schedule to include items previously not on the schedule and to amend and update existing ones. The goal is to find a balance between the length of check-out per items and the availability of items for the general public. Policies are designed to make the best possible use of the library's collection by the greatest number of individuals. Council Action A motion was made by Councilman Hogue, seconded by Councilman Newsom to approve Ordinance No. 2007-03 amending Section 18.00 (Library Fees) of Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance). A vote was taken and passed 6-0 with Councilman Young absent. 3. Consider, and act upon, authorizing the City Manager to execute an agreement with U.S. ROW for right-of-way acquisition services for the FM 1378 Paving Project. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that $3,000,000 was funded in the 2003 Collin County Bond Program and $9,700,000 was funded in the 2005 City of Wylie Bond Program for improvements to FM 1378 from Brown Street to Parker Road. Collin County funded the engineering for the project and the remaining county funds will be used for construction. City bond funds will be used for the right of way acquisition and for construction. Councilman Newsom asked Mr. Hoisted, based on the amount of right- of-way we acquire each year; and it will be more in the years to come, is using an outside consultant the most cost effective way to do this. Mr. Hoisted replied that there was this project and two additional projects left on the 2005 Bond issue. He explained that the acquisition of right-of-ways was very specialized; using a consulting firm gives the City not only the expertise of the project manager but the entire staff of the firm. Councilman Newsom then asked if it would not be better to have a person on staff to perform these services and work for other departments. City Manager Manson replied that although the City had a lot of right-of-way acquisitions coming up, it did not warrant a full time staff member. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to authorize the City Manager to execute an agreement with U.S. ROW for right-of-way acquisition services for the FM 1378 Paving Project. A vote was taken and passed 6-0 with Councilman Young absent. 4. Consider, and act upon, authorizing the City Manager to execute an Engineering Services Agreement, in the amount of $527,850.00, with RLK Engineering for the design of the expansion of Brown Street from SH 78 to Stone Road. (C. Hoisted, City Engineer) Minutes—February 13, 2007 Wylie City Council Page 5 Staff Comments City Engineer Hoisted addressed Council stating that the 2005 City of Wylie Bond Program identified $6,300,000 for the design and construction of approximately 11,100 linear feet of 4-lane concrete pavement section with sidewalks on Brown Street from SH 78 to Stone Road. The first bond issue included $900,000 for engineering and right-of-way acquisition for this project. The City's current Thoroughfare Plan does not show a future expansion of the roadway; however, with the projected increase in traffic volume due to the recent development of the new WISD High School and the future elementary school site at Springdale Way, an expansion will be necessary. Council Action A motion was made by Councilman Byboth, seconded by Councilman Newsom to authorize the City Manager to execute an Engineering Services Agreement in the amount of$527,850.00 with RLK Engineering for the design of the expansion of Brown Street from SH 78 to Stone Road. A vote was taken and passed 6-0 with Councilman Young absent. 5. Consider, and act upon, approval of a request from JD Landes, Inc. to eliminate the detention pond for the Verizon Reporting Center and Warehouse development at the intersection of Brown Street and Eubanks Lane. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that a request has been submitted by JD Landes, Inc. to eliminate the detention pond for the Verizon Reporting Center and Warehouse development located at the North West corner of Brown Street and Eubanks Lane. Birkhoff, Hendricks, and Conway have reviewed the study and they are in general agreement with the findings and agree that no adverse conditions are created downstream by the elimination of the detention pond. Council Discussion Mayor Mondy asked City Engineer Hoisted for the direction of the water flow. Mr. Hoisted explained that the water flows west down Brown Street to the culvert box, under and to the tributary at Rush Creek. Mayor Mondy reported there had been problems with water collection at the culvert. He asked Mr. Hoisted why Verizon was not required to expand the culvert. Mr. Hoisted explained that the Engineering Firm had suggested that Verizon have some participation in regional detention in the future either through a pro-rata or some other form. He reported that the box on Brown Street would be reconstructed to allow a one hundred year flood. Engineering for the culvert will be completed in October of 2007 with construction completion in 2009. Mayor Mondy asked Mr. Hoisted when the Verizon construction would start. Mr. Hoisted replied very soon. Council Action A motion was made by Councilman Hogue, seconded by Councilman Newsom to approve a request from JD Landes, Inc. to eliminate the detention pond for the Verizon Reporting Center and Warehouse development at the intersection of Brown Street and Eubanks Lane. A vote was taken and passed 6-0 with Councilman Young absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the Ordinance Caption for Ordinance No. 2007-03 into the official record. Minutes—February 13, 2007 Wylie City Council Page 6 Councilman Hogue left the meeting at 7:20 p.m. Mayor Mondy recessed the meeting at 7:20 p.m. for a 10 minute break. Mayor Mondy reconvened into the Work Session at 7:30 p.m. WORK SESSION Councilman Young arrived at 7:29 p.m. Councilman Hogue returned to the Work Session at 8:00 p.m. • Presentation update and discussion related to design services for Fire Station #3. (Wiginton-Hooker-Jeffry, Architects) Douglas A. Edney, Principal for Wiginton Hooker Jeffry Architects gave a brief presentation of the preliminary design plans for Fire Station #3. He reported that the actual size of the facility would be 12,032 square feet. Preliminary estimates for cost to build the facility to the actual size would run between $2.8 million and $3.3 million; this could take the project over budget an estimated $1.5 million to $2 million. He reported that staff had met with the firm and determined that this size facility was needed to house the Swift Water Equipment, Diver Trailer, Hazmat Trailer and Marine 3 plus a section for Quint 3, Battalion unit and Attack 3 Unit. . He explained that the construction cost per square foot would run somewhere between $240.00 and $275.00 depending on the materials used. He stated that the areas housing the units were less costly at approximately $50. per square foot. He asked Council for direction regarding the completion of the design. City Manager Manson reported that there were several options to finance the facility. She reported that Finance Director Williamson would be presenting a long range financial plan to Council in the very near future to address options for all facilities included in the 2005 Bond Election. Direction from Council was to move forward with the design as presented at the work session. ADJOURNMENT With no further business before Council, Councilman Byboth made a motion to adjourn the meeting at 8:20 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Minutes—February 13, 2007 Wylie City Council Page 7 W< yJ Z m 2 W BROWN STREET / _ _._._.ho.-.-. _.-._. 0 0 0 0 40 0 1 0„. -- - :: ,., :::: 1 E:, IT;i:E10,1 _ _ .., „,,,, ..,__ _ 7.,... .,.,, uspramor ?:,�i►�Jli-� � err �I� I)q— . I �LItE (p ii E I• 0 if uiinfiii.. I 9I , 1 I I MOM M LJLitLU ® J 1 ii_ --. SITE PLAN E II WYLIE FIRE STATION 3 2-13-2007 • WIGINTON HOOKER JEFFRY ARCHITECTS _ oaw ear Cri Fi 1 Iv _ 1 ...___„.) (-0--,.., - 1 ;.. \ , a 4,',, ... n a ....•DM 00 oo it5 � I�' rr � ®^I ; I" • - _ _ x • •" o i . pi„...iR i,, Iiii c a . . . i Ili t.".:.: w .„1, , -_ 4.. / v.1 . [E0 EM] 1041 . - [E0 cro "rig r.tti: 1 .: - Arr. ME micii, ums Nom a I i:.a Ill1 ___, i � — — 3\ 1 k /rp U i�i e aar earl ear eor 0, _ T- FLOOR PLAN va'.I-O 12032 SP. II III III I.WYLIE FIRE STATION 3 2-13-2007 . WIGINTON HOOKER JEFFRY ARCHITECTS 3 j .4.J 1 J J J 02.13.2007 'Fitts STATION Not 3 inir Programmed Size Actual Size Difference Room Name Size(S.F.) #of Rooms Total S.F. Size (S.F.) #of Rooms Total S.F. S.F. Public Lobby 100 1 100 100 1 100 0 Public Restroom 60 1 60 65 1 65 5 Report Room/Watch 200 1 200 196 1 196 (4) Living Room 394 1 394 502 1 502 108 Dining Room 240 1 240 127 1 127 (113) Kitchen 356 1 356 365 1 365 9 Patio (not included in total) 300 1 0 373 1 0 0 Staff Sleeping Rooms 95 6 570 97 6 582 12 Restroom/Shower 100 4 400 100 4 398 (2) Officers Sleeping Room 95 2 190 125 2 250 60 Officer's Office 120 2 240 139 2 278 38 Fitness Room 450 1 450 486 1 486 36 E.M.S. Supply Closet 64 1 64 69 1 69 5 Maintainance Storage 48 1 48 0 1 0 (48) Laundry Room/Janitors Sink 112 1 112 108 1 108 (4) Data/Telecom Closet 24 1 24 0 1 0 (24) Ice Machine Room 30 1 30 28 1 28 (2) General Storage 60 1 60 88 1 88 28 Apparatus Room 1,267 3 3,800 1,239 3 3,716 (8'' Extractor/Drying Room 120 1 120 125 1 125 5 Decon./Infection Control 82 1 82 88 1 88 6 Bunker Gear Storage 194 1 194 292 1 292 98 Work Room 72 1 72 76 1 76 4 Soap Storage 150 1 150 150 1 150 0 Lawn Equipment Storage 154 1 154 150 1 150 (4) Mechanical Room 80 1 80 0 1 0 (80) Electrical Room 100 1 100 0 1 0 (100) Other Vehicle Storage 1,920 1 1,920 1,945 1 1,945 25 Subtotal 10,210 10,184 (26) Circulation, Walls, Chases, Etc. Factor 17.25% 1,761 Factor 18.15% 1,848 87 TOTAL 11,971 12,032 61 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 27, 2007 Item Number: B (City Secretary's Use Only) Department: Finance Prepared By: Larry Williamson Account Code: Date Prepared: February 12, 2007 Budgeted Amount: Exhibits: Contract/Resolution Subject Consider, and act upon, Resolution No. 2007-08(R) authorizing the City Manager to execute a contract between the City of Wylie, Texas and American National Bank of Texas to provide basic banking services to the City. Recommendation Motion to approve Resolution No. 2007-08(R) authorizing the City Manager to execute a contract between the City of Wylie, Texas and American National Bank of Texas to provide basic banking services to the City. Last year, the City solicited bids for basic banking services, merchant banking services and lockbox services. American National Bank of Texas was selected to provide basic banking services to the City of Wylie. The attached contract reflects the terms of the contract and the bid submitted by American National Bank of Texas. The contract is for a 4 year term beginning October 1, 2006. Approved By Initial Date Department Director MLWn 2/12/07 City Manager /t!Yi' 1 q?la/ 'D Page 1 of 1 RESOLUTION NO. 2007-08(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE A CONTRACT BETWEEN THE CITY OF WYLIE, TEXAS AND AMERICAN NATIONAL BANK OF TEXAS TO PROVIDE BASIC BANKING SERVICES FOR THE CITY AND DESIGNATING AMERICAN NATIONAL BANK OF TEXAS AS ONE OF THE CITY'S DEPOSITORIES WHEREAS, the City of Wylie requires a depository to provide the city with banking services, WHEREAS, American National Bank was the low bidder for basic banking services, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: That the City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a contract between the City of Wylie, Texas, and American National Bank for basic banking services and to act as one of the City's Depositories. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 27th day of February, 2007. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution 2007-08(R) Basic Banking Services American National Bank of Texas BANK DEPOSITORY SERVICES AGREEMENT This Bank Depository Services Agreement (the "Agreement") is made and entered into this first day of October, 2007 (the "Effective Date") by and between the City of Wylie, Texas, (the "City") and the American National Bank of Texas (the"Bank"), a nationally chartered banking association and licensed to conduct business in Texas. WITNESSETH: WHEREAS, City, by statute and charter, is authorized to enter into agreements necessary or incidental to its duties and powers; and WHEREAS, upon review of all responses to its request for proposals, City has identified Bank as representing the "best value" in performing such duties and services as enumerated in City's Request For Proposal (the"RFP"); and WHEREAS, the City of Wylie, Texas through action of its City Council, hereby designate the Bank as their depository for banking services for the four-year period commencing October 1, 2006 through September 30, 2010, with the option for one one-year extension under the same terms and conditions with the mutual consent of all parties. NOW, THEREFORE, in consideration of payments hereinafter stipulated,the parties do hereby agree as follows: 1. General. All services rendered to City by Bank under this Agreement shall be performed in accordance with accepted commercial banking standards for public fund organizations and under the overall direction and instruction of City pursuant to Bank's standard operations, policies, and procedures. 2. Scope of Services. Bank agrees to provide those services as described in Bank's Response to City's Bank Services RFP incorporated herein by reference. Bank acknowledges that all such services shall be performed by Bank subject to the approval of City. 3. Calculation of Interest. Regarding the City's interest-bearing transaction accounts, interest will be calculated as follows: City will be paid interest equal to the Federal Funds rate on the first business day of the month, applied to the City's average collected balance for the month. Interest will be calculated based on number of days in the year, and number of days in each month. 4. Custodian. The City and Bank, by execution of this Agreement, hereby designate the Federal Reserve Bank of Boston, hereinafter called the "Custodian", to hold in trust, according to the terms and conditions of this Agreement and the Custodian Agreement,the collateral described and pledged by the Bank in accordance with the provisions of this Agreement. 5. Custodian Fees. Any and all fees associated with the Custodian's holding of collateral for the benefit of the City will be paid by City and the Bank will have no liability therefore. 6. Collateralization. All funds on deposit with the Bank to the credit of the City shall be secured by collateral as provided for in the Public Funds Collateral Act of 1989 (Chapter 2257 of the Texas Government Code as amended) and the Bank's Response to the City's Bank Depository Request For Proposal as accepted by the City. The total market value of the collateral (which includes accrued interest or income to the extent it is not included in the market price) securing such deposits will be in an amount at least equal to 105% of the amount of such deposits including the amount of any accrued interest thereon and less the amount that such deposits are insured by an agency or instrumentality of the United States government. The market value with respect to any securities (collateral) as of any date and priced on such date will be obtained from a non-affiliated information source acceptable to the City. The Bank will work with the City to establish an appropriate cushion to cover normal deposit fluctuations and City will notify Bank of significant changes in its balances. Bank will be liable for the monitoring and maintaining of the required collateral margins and levels at all times. The Bank has heretofore, or will immediately hereafter, deliver to the Custodian collateral of the kind and character above mentioned of sufficient amount and market value to provide adequate collateral for the funds of the City deposited with the Bank. Said collateral or substitute collateral, as hereinafter provided for, shall be kept and retained by the Custodian in trust so long as the depository relationship between the City and the Bank shall exist hereunder, and thereafter so long as deposits made by the City with the Bank hereunder, or any portion thereof, shall have not been properly paid out by the Bank to the City or on its order. Bank hereby grants a security interest in such collateral to City. The Custodian will accept said collateral and hold the same in trust for the purpose herein stated. Should the Bank fail at any time to pay and satisfy, when due, any check, draft, or voucher lawfully drawn against any deposit and the interest on such deposits or in any manner breach its contract with the City,the City shall give written notice of such failure or breach to the Bank, and the Bank shall have three (3)business days to cure such failure or breach. In the event the Bank shall fail to cure such failure or breach within three (3)business days or should the Bank be declared insolvent by a Federal bank regulatory agency, it shall be the duty of the Custodian, upon demand of the City (supported by proper evidence of any of the above-listed circumstances), to surrender the above-described collateral, in an amount equal to the current balance of the City's deposits and accrued interest, less FDIC insurance, to the City. The City may sell all or any part of such collateral and out of the proceeds thereof, pay the City all damages and losses sustained by it, together with all expenses of any and every kind incurred by it on account of such failure or insolvency, or sale, accounting to the Bank for the remainder, if any, of said proceeds or collateral remaining unsold. Any sale of such collateral, or any part thereof, made by the City hereunder may be either at public or private sale; provided, however, it shall give to both the Custodian and the Bank two (2) hours notice of the time and place where such sale shall take place, and such sale shall be to the highest bidder therefore for cash. The City and the Bank shall have the right to bid at such sale. If the Bank shall desire to sell or otherwise dispose of any one or more of said securities so deposited with the Custodian, with the advance written approval of the City, it may substitute for any one or more of such securities other securities of the same market value and of the character authorized herein. Such right of substitution shall remain in full force and may be exercised by the Bank as often as it may desire; provided, however, that the aggregate market value of all collateral pledged hereunder, shall be at least equal to the amount of collateral required hereunder. If at any time,the aggregate market value of such collateral so deposited with the Custodian be less than the total sum of the City's funds on deposit with the Bank, the Bank shall immediately deposit with the Custodian such additional collateral as may be necessary to cause the market value of such collateral to equal the total amount of required collateral. The Bank shall be entitled to income on securities held by the Custodian, and the Custodian may dispose of such income as directed by the Bank without approval of the City. The Custodian shall promptly forward to the City copies of safekeeping or trust receipts covering all such collateral held for the Bank, including substitute collateral as provided for herein. If at any time the collateral in the hands of the Custodian shall have a market value in excess of the sum of the balances due the City by the Bank, the City agrees to authorize the withdrawal of the excess amount of collateral, the Custodian shall deliver this amount of collateral(and no more)to the Bank,taking its receipt therefore, and the Custodian shall have no further liability for collateral so redelivered to the Bank. When the relationship of the City and the Bank shall have ceased to exist between the City and the Bank, and when the Bank shall have properly paid out all deposits of the City, it shall be the duty of the City to give the Custodian notice to that effect; whereupon the Custodian shall, with the approval of the City, redeliver to the Bank all collateral then in its possession belonging to the Bank, taking its receipt therefore. An order in writing to the Custodian by the City and a receipt for such collateral by the Bank shall be a full and final release of the Custodian of all duties and obligations undertaken by it by virtue of these presents. 7. Term. The term of this Agreement shall be October 1, 2006 and continue for four (4) years and expire on September 30, 2010. Thereafter, City shall have the option to extend the Agreement including all addenda, schedules, and exhibits thereto, for one additional one (1) year period ("Renewal Term") by giving Bank written notice thirty (30) days prior to the expiration of the term. The Renewal Term shall be subject to the same provisions and pricing as the initial term. 8. Commencement. Bank agrees to begin performing the services as designated herein as soon as reasonably possible. 9. Financial Condition. Bank will provide a statement of its financial position to the City on at least a semi-annual basis. Bank will provide to the City an annual statement audited by its outside auditors including a statement by its outside auditors as to its "fair presentation". 10. Termination Provisions Upon Bank's Default. Should Bank at any time, in the sole opinion of City, not carry out its obligations under this Agreement or not be progressing toward completion of the services to be rendered hereunder in an expeditious manner, or if Bank shall fail in any manner or discharge any other material obligations under this Agreement, City may, upon providing Bank with thirty (30) days prior written notice and opportunity to cure, terminate this Agreement effective on that date (the "Termination Date"). Any unreasonable or unacceptable delays in the deposit of funds owing to City shall constitute a material breach of contract and the basis for termination by City. If City shall terminate this Agreement for performance related reasons or other breach of contract, no fees of any type, other than fees due and payable at the time of termination for services performed, and acceptable to City, shall thereafter be paid to Bank, and City shall have a right to set off or otherwise recover any damages incurred by reason of Bank's breach. 11. Compensation. City agrees to pay and Bank agrees to accept as full and sufficient compensation for the performance of all duties and services, as set forth herein, in Bank's Response to City's Bank Services RFP and that all fees and costs for services. Except as otherwise provided in this Agreement, said compensation shall constitute full payment for all services, liaison, products, materials, and equipment required to provide the professional banking services designated in the Bank's Response to City's Bank Services RFP, including services, materials,training, equipment,travel, overhead, and expenses. 12. Entire Agreement. The entire agreement between City and Bank shall consist of this Agreement, City's Bank Services RFP, Bank's Response to City's Bank Services RFP, and Custodian Agreement (each incorporated by reference) listed in governing order of precedence in the event of conflict among any of the documents. This Agreement supersedes any and all prior representations, statements, and agreements, whether written or oral. 13. Authorized Representatives. During the term of this Agreement, the City will, through signed resolution by authorized members of its City Council designate the officer, or officers, who singly or jointly will be authorized to represent and act on behalf of the City in any and all matters of every kind arising under this Agreement and to (a) execute and deliver to the Bank an electronic fund or funds transfer agreement (and any addenda thereto), (b) appoint and designate, from time to time, a person or persons who may request withdrawals, orders for payment or transfers on behalf of the City in accordance with the electronic fund or funds transfer agreement and addenda and (c) make withdrawals or transfers by written instrument. 14. Notices. Except as may otherwise be specified in the applicable service-level agreements and/or set-up forms, notices to City and Bank shall be sent to the addresses set forth below: City: City of Wylie, Texas Attn: Larry S. Williamson, Director of Finance 2000 Hwy 78 North Wylie, TX 75098 Bank: The American National Bank of Texas Attn: Tom Lowery, Senior Vice President 102 W. Moore Avenue Terrell, TX 75160 Changes to notice information may be made by either party with written notification to the other party. 15. Governing Law and Venue. This Agreement shall be interpreted under the laws of the State of Texas. Collin County will be the venue for any lawsuit arising out of this Agreement. Executed by the undersigned duly authorized officers of the parties hereto. CITY OF WYLIE, TEXAS THE AMERICAN NATIONAL BANK OF TEXAS By: By: C-6/1A-Zit.i Name: Name: /rn¢h e Title: Title: flietrk /res,,c eiq ATTEST: ATTEST: By: By: • Name: Name: /h Ai Title: Title: /4 (Ocx fc s,ld,,,t Exhibit A: Scope of Services ANB offers THE CITY OF WYLIE a special rate of interest for all of the CITY'S checking accounts. This will give the CITY the ability to maximize earnings on funds without the additional record keeping and risk of maintaining a sweep/repurchase account. ANB will pay a rate equal to the Federal Funds rate as set by Federal Reserve Bank. The current rate is 5.25% APY. This rate compares favorably to the current ANB sweep rate of 4.83%. Interest will be paid on a monthly basis. ANB offers Certificates of Deposits with maturities from 30 days to 5 years. Interest on time deposits is compounded monthly and paid at maturity. For CD's with maturities greater than 6 months,the rate will be equal to ANB published CD rate plus 40- 68 basis points. *All rates are subject to change from time to time. See attached Exhibit G for current rate sheet. II. A. ANB will pay checks which are presented and for which there is sufficient funds in the presentment account to cover these checks. ANB will do this provided that the total balances of all CITY accounts with ANB are sufficient to cover the amount of the overdraft being created by payment of these items. Failing this, ANB will pay these items and create an overdraft provided that ANB is able to provide to the CITY a line of credit up to the amount of$1,000,000 for a period of 5 days. Such line of credit is subject to ANB's routine credit approval policies and procedures. B. Checks and pre-numbered deposit slips will be furnished to the CITY at NO CHARGE by ANB at a value up to $3,500.00 per year. C. See attached Exhibit B for all applicable service charges. Please note all account servicing fees and cash management fees are being waived during the contract period D. Two (2) safe deposit boxes will be provided to the CITY at NO CHARGE. Additional boxes will be provided subject to availability. E. Night deposit services will be provided to the CITY at NO CHARGE. F. Cashier's checks,money orders, and all exchange services will be provided to the CITY at NO CHARGE. G. All other banking services not specifically mentioned in this bid will be provided at the then current ANB published Fee Schedule. H. ANB will give to the CITY both ledger and collected balance for all wire transfer funds received. Such credit will be immediate and will occur the day of receipt of the incoming wire transfer by Fedwire provided that such transfers are received by 4:00 P M daily. Incoming wire transfers received by ANB after 4:00 P M daily will be credited to the CITY account per CITY instructions the day of receipt on a best efforts basis. Should such efforts not be sufficient, incoming wire transfers received after 4:00 P M will be credited to CITY account the next business day. Direct deposit of payroll will be accomplished via direct Internet connection. This customizable,password protected communication will allow CITY staff to initiate ACH transaction files, including automatic payroll deposit files, in standard NACHA file format. The CITY agrees to provide personal computer hardware and Internet capability for initiating ACH files. See attached Exhibit B for all related fees. For more information on this and other cash management products/services, please see attached packet. J. ANB offers a Merchant BankCard program using the Electronic Ticket Capture system. Cardholder cards are swiped through the electronic terminal and information is captured for automatic approval or denial. The terminal will automatically close out at the end of the day. All captured and processed information will be printed for the merchant to audit the next day. Typically, funds will be electronically credited to the merchant's account within 24—48 hours of terminal closing. See attached brochure for additional information pricing for this product. K. ANB will provide wire transfer services via our Cash Management Internet System and telephone. Wire fees are outlined on the attached Exhibit B for both wire transfer delivery methods. L. ANB will provide to the CITY a Cash Management System via direct Internet connection, which will allow the CITY to originate at its offices, all outgoing wire transfer transactions. The system provides the ability to print reports for verification of initiated wire transfers. This system will allow the CITY to initiate outgoing wire transfer transactions as well as receive notification of all incoming CITY wire transfer transactions. Our secure Internet cash management system is both password and ID protected. Each user's accessibility to various functions is customizable to each user. For more information on this on-line cash management product, please see attached packet. M. ANB will provide to the CITY a daily balance reporting system,which will provide the daily ending ledger balance and collected balances for all CITY accounts. The system will also provide a detail listing of all prior day postings of debits and credits, including front and back images of cleared checks. This information will normally be available for access by CITY staff by 8:OOA. M. Daily. However,the CITY is made aware that, while ANB will make every effort to make this information available by 8:00 A.M., and does in fact accomplish and meet an 8:00 A.M. information availability deadline in the usual course of business, availability of this information is dependent upon separate data processing systems which may delay availability of this information for various reasons. For more information on this on-line cash management product,please see attached packet. N. Interest on all interest bearing checking accounts will be credited monthly. O. Returned checks will not be charged back to the CITY until checks have been presented for a second time. P. Statement date will be the last day of the month. ANB will deliver to CITY statements of all accounts with ANB within five business days of the date of the statement. The statement of account will show all transactions recorded on the account since last statement up to and including the date of the statement. Account debit transactions will be recorded on the statement in numerical order. Deposits will be shown on the statement in chronological order according to date of deposit. ANB will provide to the CITY a printed image of all paper-based debit and credit transactions on the account. While CD-ROM media is available for imaged checks,they are also available on a daily basis on our on-line Internet based Cash Management System. Q. While ANB understands the CITY is not seeking portfolio management services in this application, ANB has a full service discount brokerage division and Trust Department that can assist the CITY in all of its investment needs, including safekeeping or custodial relationships. Custodial fee schedules and further information are available from your banking center representative. III. ANB agrees to provide to the CITY a line of credit, loans and leases. Rates will be determined at the time of request. Variable rates will be calculated at 66% of the Wall Street Journal Prime Lending Rate, subject to applicable tax regulations in effect at the time of loan request. Fixed rates will be based upon borrowing term and other factors. Fixed rates will be quoted at loan request. ANB further agrees to provide the line of credit, loans and other borrowing or leasing needs of the CITY conditioned upon receipt by ANB of the CITY'S financial information in a form and amount as is usually required by ANB in granting such borrowing relationships. The CITY also acknowledges that any credit, loan or lease agreement will be conditioned upon ANB's standard credit approval process. EXHIBIT B Account Servicing Fee Schedule All fees contained on this fee schedule will be charged using account analysis and can be offset with compensating balances. Account Maintenance NO CHARGE Debits NO CHARGE Credits NO CHARGE Items Deposited NO CHARGE Deposited Items Returned NO CHARGE Reject checks NO CHARGE Stop Payments NO CHARGE Insufficient Checks NO CHARGE Manually Initiated Wire Transfers NO CHARGE Automated Wire Transfers NO CHARGE Collection Items Incoming/Outgoing NO CHARGE Routine Account Research NO CHARGE Negative Collected Balance Charge—Wall Street Journal Prime+2 Points Interest bearing accounts are charged monthly for interest paid to the account. Cash Management Services Fee Schedule (See Services outlined in attached packet) All fees contained on this fee schedule will be charged using account analysis and can be offset with compensating balances. Account Reconciliation Services Account Reconciliation NO CHARGE Monthly Minimum NO CHARGE Per Account Fee NO CHARGE Automated Clearing House (ACH) Debits/Credits Originated NO CHARGE Monthly Minimum NO CHARGE File Transmission NO CHARGE Wire Transfer Services NO CHARGE Daily Balance Reporting NO CHARGE Book Transfers NO CHARGE Exhibit C Additional Data: ANB will process and encode all deposited items,both debits, cash, and credits on the day of receipt by ANB and will forward by U S mail or other appropriate means to the CITY within three business days any advice of debit or credit to the CITY accounts. However,ANB service standards require that such receipts and advises be forwarded on the day of receipt. ANB will present for payment twice all deposited items as may be required because a deposited item is returned unpaid by the drawee bank before reversing these unpaid items by charge back to the CITY account. ANB will pledge to the CITY securities equal to 105%of CITY balances less the amount of FDIC coverage. CITY balances will be verified once each month and compared to pledged securities market value to insure CITY funds are adequately pledged. Upon determination that the total amount of securities on deposit are in excess of the amount required under this contract, the CITY will grant ANB the permission for withdrawal of securities up to the amount which is excess. Securities pledged will be held in safekeeping at the Federal Home Loan Bank of Dallas. There are no charges to the CITY for these services. All cancelled checks, together with paper based credit transactions,will be returned to the CITY by means of electronically produced image. Because ANB uses an imaging system, we do not store the actual paper documents. Images of all account transactions are stored for 45 days and are available via ANB's Internet banking solution provided to the CITY at no charge. All account transactions are stored on a backup tape for 7 years. In addition, all account check transactions will be provided to the CITY daily in an electronic format through the account reconciliation programs. These transactions may be accessed daily or on a less frequent basis at the CITY'S option. Please visit our website at www.anbtx.com for additional information. With regard to check fraud, ANB calls the CITY'S attention to the ANB full account reconciliation product. This product makes available to the CITY daily a file of checks and other debit transactions to the CITY'S accounts. This full reconciliation file allows the CITY to compare checks paid to a CITY provided checks issued file. Any check paid which is not on the CITY checks issued file can then be made available to the CITY staff by ANB for further investigation. In this way,potential fraud through the issuance of bogus checks is addressed on a daily basis. As noted above, CITY staff may immediately confirm the authenticity of any item paid on a CITY account accessing images of any item via ANB's Internet banking. A description of this full account reconciliation program is attached as a part of this bid proposal. A `positive pay"feature is currently available as an additional fraud control measure. Please contact your banking center representative for additional information on this product that is made available to the CITY at NO CHARGE. ANB will make available to the CITY an Integrated Voice Response system, which is available 24 hours a day. This system will allow the CITY to retrieve information on Deposits and Checks, as well as receive faxed copies of Bank Statements. In order for ANB to accept a facsimile signature on a business account, the bank must obtain a signed facsimile release form and signature card. Please note that we do not want to aggressively promote the use of facsimile signatures as today's technology has increased the risk for potential loss due to counterfeiting. We want to minimize the potential risk for the THE CITY OF WYLIE, as well as the bank. A copy of the Facsimile Signature Release form is attached for your review as a part of this Exhibit. AMERICAN NATIONAL BANK FACSIMILE SIGNATURE RELEASE In consideration of The American National Bank of Texas (the "Bank") allowing (the "Customer") to use a Facsimile Signature of on Account # and any subsequent accounts whether now in existence or existing in the future, Customer hereby forever releases and agrees to hold the Bank harmless from and against any and all loss, costs, damage, liability, or exposure (including reasonable attorney's fees) the Bank or you may suffer or incur as result of the unlawful use, unauthorized use, misuse or mistaken use of the Facsimile signature. Furthermore, customer hereby forever releases and agrees to hold the Bank harmless for the negotiation of counterfeited items bearing Facsimile signatures whether counterfeited by known or unknown wrongdoers. This Release shall be in addition to all terms and conditions as stated on the Account Agreement. Effective this day of , 2 . (Company Name) (Customer / Title) (Facsimile Signature Stamp) Member FDIC RELEASE/Facsimile Signature Release April 2002 Exhibit D Concluding Remarks: ANB, upon being selected as the depository of the CITY funds as outlined in this proposal, would require that the CITY and the ANB designated banking center representative for the CITY account relationship with ANB meet to identify service deliverables and establish service standards for these deliverables. ANB believes this to be a critical step in the CITY depository selection process and will allow ANB to meet its goals of exceeding the CITY service expectations. ANB will be closed on all National Holidays in which the Federal Reserve Bank is closed. However, the CITY will have access to the Bank's night depository which will allow the CITY to make deposits during hours the Bank is not open to receive deposits. ANB recognizes the CITY goals and concerns in achieving quality banking service. ANB represents that all services provided to the CITY will be provided in accordance with defined service standards and the ANB Account Deposit Agreement as published from time to time. ANB also represents that the definition of these service standards will be agreed to in advance by the CITY. ANB will measure actual performance in providing these services against the agreed upon standard and will report this service performance to the CITY at appropriate intervals. ANB also calls attention to the fact that, in keeping with its overall community banking operating philosophy, will assign to and make available daily to the CITY a staff of personal Bankers. These personal Bankers will be responsible for assisting the CITY in completing its banking transactions and will proactively work with the CITY staff to resolve any issues as well as improving service, as this may be required in specific circumstances. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 27, 2007 Item Number: C Department: Finance (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: February 12, 2007 Budgeted Amount: Exhibits: Contract/Resolution Subject Consider, and act upon, Resolution No. 2007-09(R) authorizing the City Manager of the City of Wylie, Texas, to execute a contract between the City of Wylie, Texas and JP Morgan/Chase to provide on-line payment options for city services through JP Morgan's Pay Connexion product. Recommendation Motion to approve Resolution No. 2007-09(R) authorizing the City Manager of the City of Wylie, Texas, to execute a contract between the City of Wylie, Texas and JP Morgan/Chase to provide on-line payment options for city services through JP Morgan's Pay Connexion product. In August 2006, the City amended its contract with Dataprose to allow for the on-line payment of city water bills via the internet. This service was not started because of the delay in getting the merchant banking agreement with JP Morgan in place and approved. In meetings with JP Morgan, we discussed a number of products offered by JP Morgan. A product called Pay Connexion is the bank's on-line payment portal and used by Plano, McKinney, Garland and others. In comparing this product with the one offered by Dataprose, it became apparent that JP Morgan has a superior product and at a less costly price. These difference are summarized below; 1) JP Morgan's product allows for all types of bills to be paid on the same website; water bills, traffic tickets, Wave program fees,building permits, etc. Dataprose is only for water payments. 2) There is no cost to the City for any costs associated with this website or the cost of collecting credit card revenues, as there is with the Dataprose product. JP Morgan will charge a $1.75 convenience fees per transaction on the website and use that money to offset the cost associated with the website and collections. 3) The JP Morgan product interfaces by design into the City's other payment streams. Approved By Initial Date Department Director LW 2/12/07 City Manager 71q,if pA70-7 Page 1 of 1 RESOLUTION NO. 2007-09(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE A CONTRACT BETWEEN THE CITY OF WYLIE, TEXAS AND JP MORGAN/CHASE TO PROVIDE ON-LINE PAYMENT OPTIONS FOR CITY SERVICES THROUGH JP MORGAN'S PAY CONNEXION PRODUCT. WHEREAS, the City of Wylie believes that the ability of its citizens to pay for city services on-line is a great benefit for its citizens and to the city; WHEREAS, JPMorgan/Chase will provide this service at no cost to the City through its Pay Connexion product, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: That the City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a contract between the City of Wylie, Texas, and JP Morgan/Chase for it's Pay Connexion product to provide on-line payment capabilities for the City of Wylie's website. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 27th day of January, 2007. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution 2007-09(R) JP Morgan Pay Connexion JPMorganChase 1 j Pay ConnexionsM Service Terms I JPMORGAN CHASE BANK, N.A. V1.0_1006 1. Service and Service Terms. The following provisions apply to the Services for Pay Connexions"'that JPMorgan Chase Bank, N.A.("Bank")may provide to City of Wylie, Texas ("Customer"). The provisions of Bank's account documentation, including account terms and conditions governing the operation of business accounts and services as well as other applicable service terms, (collectively, "Account Documentation"),are incorporated into these Service Terms by this reference. Capitalized terms used herein and not otherwise defined shall have the same meaning specified in the Account Documentation. 2. Overview and definitions. These Service Terms state the terms and conditions by which Bank will deliver to Customer the Services,as described below. 2.1 "Authorized User"means a designated employee or agent of Customer. 2.2 "Call Center"means the Customer's or Bank's customer service operations, as applicable. 2.3 "Convenience Fee(s)" means a charge to a Payor's credit or debit card or checking or savings account for the convenience of using the payment channels offered via the Service, which include the Internet, IVR and Call Center, where such charge is collected by Bank, including as agent on behalf of Customer,if applicable. 2.4 "Customer Website"means a web site owned or operated by or on behalf of Customer,for which Bank has agreed to provide the Technology and various Services. 2.5 "IVR"means interactive voice response system for which Bank has agreed to provide the Technology and various Services. 2.6 "Merchant Processor"means the provider of services necessary to authorize, process and settle, as applicable, Payors'credit or debit card transactions contemplated hereunder. 2.7 "NACHA"means the National Automated Clearing House Association. 2.8 "NACHA Rules"means the operating rules and guidelines of the National Automated Clearing House Association. 2.9 "Payor"means consumer or business customers of Customer who access the IVR, Call Center or the Internet, as applicable, to initiate payments to Customer. 2.10"Rules and Regulations"means the NACHA Rules, other applicable Association, clearinghouse or credit card association rules, and all other applicable electronic funds transfer laws, regulations and industry rules,each as amended from time to time. 2.11 "Service(s)"means the specific service(s)provided by Bank more specifically described in the service level agreement("Service Level Agreement"or"SLA")attached hereto as Exhibit A and incorporated by reference, and in the statement of work("Statement of Work") and the implementation questionnaire that will be completed by Customer and Bank subsequent to execution of the Service Terms, which Services include a payment solution that allows Payors to initiate payments to Customer via the Internet, IVR or Call Center;access to the Technology; and reporting and analysis capabilities. 2.12"Service Start Date"means the date the Customer Website, IVR or Call Center application,as applicable, is activated. 2.13"Technology" means Bank's (or its subcontractor's) IVR and web-based applications, which have been designed to facilitate Payor-initiated payments relating to various transactions entered into between Payors and Customer,via telephone to Call Center or IVR, or the Internet, using as applicable, credit or debit cards, or via automated clearing house ("ACH") and may include customer service support, reports, software, and software tools, user interface designs, and documentation, and any derivatives, improvements,enhancements or extensions thereof. 2.14"Term"shall mean the Initial Term and any Renewal Term(s) as defined in Section 7.1, unless earlier terminated in accordance with Section 7.2. 3. Responsibilities; Suspension/Cancellation of Service. 3.1 Customer Responsibilities, Customer agrees to, at its sole expense and consistent with the Rules and Regulations and other applicable laws and regulations: (a)maintain the Customer Website which houses access to the Services via the Internet,as well as the actual links and session transfer capabilities; (b) maintain the URLs to which Payors are returned after completing a payment transaction for the Services via the Internet; (c) procure and maintain all hardware, browser capabilities, software and telecommunications equipment necessary to access the Service via the Internet and IVR, including any updates or upgrades required by Bank in order to continue performing the Service, in accordance with Bank's recommended system configuration; (d) enter into a merchant processing agreement with a Merchant Processor acceptable to Bank("Merchant Agreement")if applicable; (e)provide Bank with all information reasonably necessary to setup or establish Service on Customer's behalf, including but not limited to completing the Statement of Work and implementation questionnaire documentation and using commercially reasonable efforts to ensure its vendors, if applicable,cooperate fully with Bank to achieve inter-operability of the Technology and Services with Customer's or its vendors hardware and software(and Bank will have the right to, at its discretion, reject any data file that it reasonably believes will interfere with the ability of the Technology or Services to process data in accordance with these Service Terms); (f)if applicable,provide proper attribution of the Technology and Services to Bank in the form of a"Powered by" logo as determined by Bank included on certain Web pages of the Services via the Internet; (g)advise each Authorized User of his or her obligations under these Service Terms and of the license restrictions set forth herein; (h)provide consumer Payors with City of Wylie contract.doc Page 1 of 12 all required disclosures pursuant to the Rules and Regulations, as applicable; (i) provide appropriate and sufficient data to authenticate Payors, including but not limited to delivery of data that will be (x) validated by the Service when a Payor is attempting access,(y)used to perform the authentication of the Payor prior to a session transfer into the Service via the Internet; and (z) used to validate the Payor after a successful session transfer for ACH transactions; and (j) Customer and its Authorized Users will not (1) sell, lease, distribute, license or otherwise make available the Technology or Services; (2) alter, translate, create derivative works from, reverse engineer, disassemble or decompile the Technology or Services; (3) disclose or make available to, or permit use of the Technology or Services by, any third party; (4) engage in spamming,mailbombing, spoofing or any other fraudulent, illegal or unauthorized use of the Services; (5) use, introduce or transmit through the Technology or Services,without limitation,via any portion of the Customer's computer system that interfaces with the Technology or Services,or otherwise, any virus,worm,software lock, drop dead device, trojan-horse routine, trap door, back door, timer,time bomb, clock, counter or other limiting routine,.instruction or design or any other codes or instructions that may be used to access, modify, delete,damage,disable or prevent the use of the Technology,Services or other computer systems of Bank or its subcontractors; (6)remove,obscure or alter any copyright notice,trademarks or other proprietary rights notices affixed to or contained within the Technology or Services; or(7)engage in or allow any action involving the Technology or Services that is inconsistent with these Service Terms. Customer shall pay all applicable fees for the Services in accordance with the fee schedule attached as Exhibit B, incorporated by reference. All services required by Customer not listed in a Statement of Work will be charged at Bank's standard prices. All requests for additional development or changes will follow the standard Pay Connexion change request process. Customer acknowledges and agrees that Bank shall not be deemed to have any knowledge (imputed or otherwise) of any of the terms or conditions of any agreement Customer may have with any Payor nor for the performance thereof. Notwithstanding the foregoing, in the event Bank becomes aware that the content of any communication or agreement between Customer and any Payor relating to the Services is incorrect or contains information that Bank in its reasonable discretion finds objectionable, Bank shall have the right to require Customer to modify or amend such communication or agreement to Bank's reasonable satisfaction. 3.2 Bank Responsibilities associated with the Services. Bank agrees,consistent with the Rules and Regulations and other applicable laws and regulations, that it will not (a) engage in spamming, mailbombing, spoofing or any other fraudulent, illegal or unauthorized use of the Services; or(b) knowingly introduce or transmit through the Technology or Services, without limitation, via any portion of the Technology or Services that interfaces with the Customer's computer system,or otherwise,any virus,worm, software lock, drop dead device, trojan-horse routine, trap door, back door, timer, time bomb, clock, counter or other limiting routine, instruction or design or any other codes or instructions that may be used to access, modify, delete, damage, disable or prevent the use of Customer's computer system. 3.3 Withdrawal of Access/Suspension of Service. Bank may, in its reasonable discretion, instruct Customer to terminate access to any Authorized User or individual and Customer agrees to promptly comply with such instructions. Bank reserves the right to deny, suspend or revoke access to the Services, in whole or in part, if Bank believes Customer and/or its Authorized Users are in breach of these Service Terms or are otherwise using or accessing the Services inconsistent with the terms and conditions hereof. Further, Bank or its subcontractor shall have the right to suspend the Service immediately in the event of an emergency or in the event of force majeure. 4. Payment Processing. 4.1 ACH Processing. Bank will initiate ACH debit entries to the checking or savings accounts of Payors who opt to pay using ACH transactions. Terms used herein which are defined in the NACHA Rules, but not in these Service Terms or the Account Documentation, have the meanings given those terms in the NACHA Rules. Customer(as Originator)and Bank agree to be bound by the NACHA Rules in effect from time to time and shall comply with same. Customer agrees not to close its Account without giving Bank at least five (5) Business Day's prior written notice and substitution of another Account. As used herein, "Business Day" is defined as Monday through Friday,excluding Federal Reserve Bank holidays. Customer authorizes Bank to initiate electronic debit and credit entries and adjustments to the designated Account without respect to the source of any monies in the Account. This authorization shall remain in full force and effect until termination of these Service Terms. Bank shall not be responsible or liable for any delays in receipt of funds or errors in Account entries caused by Customer,Payors or third parties. In preparing and transmitting ACH debit entries, Bank may rely upon all information and data provided to it via the Service for any Payor, and Bank shall have no responsibility or liability for the inaccuracy or invalidity thereof. 4.2 Credit Card Processing. Payor payments generated pursuant to the terms of these Service Terms from, as applicable, credit or debit card transactions will be tendered to Merchant Processor according to its formats and procedures, subject to the merchant processing agreement Customer shall have entered into with Merchant Processor. Neither Bank nor its subcontractors shall be deemed a merchant processor and shall not be liable for any data entry errors or any chargebacks. 4.3 Customer Liability. Customer shall have full liability if any credit or debit card or ACH transactions for which Customer or any Payor has been given provisional credit is the subject of a chargeback, return or reversal, or if final settlement is not received by Bank for any reason; in such event, Bank will charge back the amount of same to the Account or claim a refund from Customer. Bank will credit the Account for the amount of any returned credit entries upon receipt by the Bank of settlement therefore, and after any applicable resubmissions are completed. 4.4 Convenience Fees Submitted in Separate Transactions as Compensation to Bank for Services. Customer and Bank agree that, if applicable and unless otherwise agreed: (i)all Convenience Fees will be submitted by Bank to the Merchant Processor under the Merchant Agreement or through the ACH Network,as applicable,(ii)all evidence and electronic record of a sale or lease transaction ("Sales Data") representing payment by use of a credit or debit card or of a refund/credit to a Payor will be submitted by Bank on behalf of Customer to the Merchant Processor under the Merchant Agreement or through the ACH Network, as applicable, (iii) all Merchant Processor processing fees, interchange and assessment fees, or other fees that may apply associated with Convenience Fees and Sales Data shall be paid by Bank, (iv)all chargebacks, chargeback fees,funds transfer fees, returns and similar charges related to Sales Data shall be paid by Customer, (v) all chargebacks, chargeback fees, funds transfer fees, returns and similar charges related to Convenience Fees shall be paid by Bank, (vi) settlement funding for Convenience Fees will be paid directly to City of Wylie contract.doc Page 2 of 12 Bank or an account designated by Bank, (vii)settlement funding for Sales Data will be paid directly to the designated Account, and (viii)Bank may change the Convenience Fee being charged at any time. 5. Intellectual Property Ownership. These Service Terms do not transfer to Customer any ownership or proprietary rights in the Technology or any work or any part thereof, and all right, title and interest in and to the Technology will remain solely with Bank or its subcontractors. Customer grants Bank a non-exclusive limited license to use Customer's name,trademarks, service marks,symbols, logos,domain names and tradenames,as applicable,for use in connection with the provision of Services. 6. Warranties, Disclaimers and Limitations of Liability. 6.1 Customer Warranty. Customer will be deemed to provide to Bank the same warranties to Bank that Bank is deemed to make under the NACHA Rules, and as between Bank and Customer, the Bank will have no responsibility with respect to matters so warranted by the Customer. Customer shall not be deemed to warrant, however: (i)the power of Bank under applicable law to comply with the requirements of the NACHA Rules; or (ii) the conformity of debit entries transmitted by Bank to the file specifications contained in the NACHA Rules. Customer further warrants that: (a) Customer's use of the Services is not in violation of any law or regulation pertaining to Customer or Customer's business or operations; and (b) Customer has the authority to enter into these Service Terms and perform its obligations hereunder. Customer will reimburse the Bank and hold it harmless from and against any and all claims, demands, losses, liabilities or expenses (including attorney's fees and costs) resulting directly or indirectly from a breach by Customer of any warranty made hereunder. Should Customer receive notice of any claim regarding the Services,Customer shall promptly provide Bank with a written notice of such claim. 6.2 Bank Warranty. Bank warrants that: (a) Bank has the authority to enter into these Service Terms and perform its obligations hereunder; and(b) it has developed each Service(other than any portion furnished by a subcontractor or third party vendor)and has the right to furnish the same(including any portion furnished by a subcontractor or third party vendor.). 6.3 DISCLAIMER. EXCEPT AS SET FORTH ABOVE IN SECTION 6.2, BANK AND ITS SUBCONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES,WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING OR RELATING TO ANY OF THE TECHNOLOGY OR SERVICES AND/OR ACCESS TO OR USE OF THE SERVICES OR TECHNOLOGY PROVIDED TO CUSTOMER HEREUNDER. BANK AND ITS SUBCONTRACTORS SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. BANK AND ITS SUBCONTRACTORS ALSO DO NOT GUARANTEE THAT CUSTOMER'S ACCESS TO THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR FREE OR SECURE. BANK AND ITS SUBCONTRACTORS DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT OF INTERNET WEBSITES OR OTHER DATA RECEIVED BY CUSTOMER OR PAYORS VIA THE INTERNET. 6.4 Limitation of Liability. Bank's liability for any loss or damage arising out of or related to these Service Terms(whether arising out of third party claims, breach of warranty, or otherwise), regardless of the form of action, shall be limited to direct damages resulting from Bank's gross negligence or willful misconduct in providing the Services, and shall be further limited as hereafter provided. In respect of claims arising during any one Processing Year (defined as any of the consecutive 12-month periods beginning on the Service Start Date), Bank's maximum aggregate liability for any such damages or losses shall not under any circumstances exceed the lesser of: (a) $100,000, or(b) an amount equal to 30% of the fees paid to Bank pursuant to these Service Terms for services performed in the immediately preceding Processing Year or, in the case of the first Processing Year, 30% of twelve times the average monthly fees incurred by Customer during the months that have occurred prior to the event giving rise to the damages in such first Processing Year. 6.5 Consequential Damages. In no event shall Bank be liable for any special, incidental, indirect, punitive, exemplary or consequential damages whatsoever (including, but not limited to, damages for loss of revenues or profits, for business interruption, or for loss of privacy)arising out of or in any way related to these Service Terms or the use of or inability to use the Services, regardless of the form of action and even if advised of the possibility of such damages. In addition, Bank shall not be liable for loss or damage arising out of or related to acts or omissions of any third parties other than subcontractors retained by Bank to provide any part of the Services. 7. Term and Termination. 7.1 Term. These Service Terms will be effective commencing on the Service Start Date, and continuing for three(3)years(the"Initial Term"). Following the Initial Term,these Service Terms will automatically renew for successive one-year terms(each,a"Renewal Term") unless (a)terminated earlier as set forth below, or(b)either party notifies the other of its desire to terminate the Service Terms at least sixty(60)days prior to the expiration of the Initial Term or the then current Renewal Term. 7.2 Termination. These Service Terms may be terminated as follows: (a) If Customer fails to make any payment due hereunder, and fails to cure such breach within thirty (30)days after receiving written notice from Bank,then Bank may immediately and without further notice,terminate these Service Terms. (b) Except as set forth in subsection 7.2(a) above, if either party materially breaches any term or condition of these Service Terms and fails to cure such breach within sixty (60) days after receiving written notice of the breach, the non-breaching party may terminate on written notice at any time following the end of such sixty(60)day period. (c) Either party may terminate these Service Terms upon written notice to the non-terminating party in the event of the non- terminating party's inability to meet its debts as they come due, receivership or voluntary or involuntary bankruptcy or the institution of any proceeding thereof, or any assignment for the benefit of the non-terminating party's creditors, or a determination by the terminating party, in its reasonable discretion, that the financial condition of the non-terminating party has become materially impaired. City of Wylie contract.doc Page 3 of 12 (d) Bank may terminate these Service Terms at any time in the event of (a)a consolidation or merger of Customer or its parent corporation into or with any entity,where Customer or its parent corporation is not the surviving entity or(b)a sale,transfer or other disposition of all or substantially all of the assets of Customer or its parent corporation, in a single transaction or a series of transactions, to any person or entity(ies)of beneficial ownership of at least 50 percent of the outstanding stock of Customer or its parent corporation. (e) Bank may terminate these Service Terms upon not less than one hundred twenty(120)days prior written notice to Customer if Bank ceases to provide the Service to its customers generally. 7.3 Effect of Termination. Upon termination or expiration of these Service Terms, all rights to the Services and Technology, including, but not limited to use and access,will automatically terminate.Customer will discontinue its use of the Services and Technology, and upon request from Bank,will return to Bank any and all Services, equipment,software, documentation,Technology or other deliverables provided to Customer by Bank, including any copies thereof held by Customer. The provisions of sections 6 and 8 shall survive termination of these Service Terms. 8. Confidentiality. 8.1 Bank Information. Customer acknowledges that the Technology and Services contain valuable trade secrets and other nonpublic or proprietary information which is the sole property of the Bank or its subcontractors ("Bank Confidential Information"), and Customer agrees to hold same in confidence and disclose only to those employees or agents whose duties reasonably require access to same. Customer will take commercially reasonable steps to prevent the unauthorized use, disclosure, duplication or access to Bank Confidential Information. 8.2 Customer Information. The Bank acknowledges that Customer's systems may contain valuable trade secrets and other nonpublic or proprietary information regarding its customers,which are the sole property of Customer("Customer Confidential Information") and the Bank agrees to hold same in confidence. The Bank will take commercially reasonable steps to prevent the unauthorized use, disclosure, duplication or access to the Customer Confidential Information. To the extent that the Bank becomes aware of the content of Customer's systems,the Bank agrees to use commercially reasonable care to prevent other parties from learning of Customer Confidential Information. Notwithstanding the foregoing, the Bank may disclose such Customer Confidential Information to affiliates, agents and other third parties, including counsel and regulators, and their employees, as reasonably required for Bank to provide the Services or as otherwise required by applicable law or regulation. 8.3 Exceptions. The obligations of this Section 8 shall not apply to any Bank Confidential Information or Customer Confidential Information (collectively, "Confidential Information")that: (a) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party (the "Receiver"), generally known or available; (b) is known by the Receiver at the time of receiving such Confidential Information, as evidenced by the Receiver's records; (c) is hereafter furnished to the Receiver by a third party, as a matter of right and without restriction on disclosure; (d) is independently developed by the Receiver without reference to or use of the disclosing party's Confidential Information; or(e) is required to be disclosed by law or in connection with a legal or administrative proceeding, provided that the party to whom the Confidential Information belongs is given prompt prior written notice of such proposed disclosure, provided such notice is not otherwise prohibited,and provided further,that Bank may disclose Confidential Information to any bank regulatory authority having jurisdiction over Bank without notice. 8.4 Data in Aggregate Form. The restrictions on use in this Section 8 shall not apply to information or data in aggregated and/or anonymized form, and shall not prohibit the use by Bank of any statistical, aggregate information that is not identified with Customer or any Payor for creation of statistical marketing studies for research, product development and promotion, or strategic planning. Further, notwithstanding anything in this Section 8,should Bank have any agreement with a Payor who is also a Bank customer that applies to the use of such Payor's information, the terms of such agreement shall not be affected by the terms of these Service Terms and shall remain in full force and effect. 8.5 Confidentiality of Terms and Pricing. Except as may be required by law,each party shall keep confidential and not disclose,and shall cause its respective Personnel to keep confidential and not disclose,any of the terms and conditions of these Service Terms (including,without limitation,the pricing terms set forth herein and any changes thereto)to any third party without the prior written consent of the other party. 9. Miscellaneous Provisions. 9.1 Restricted Rights.Technology or Services acquired with United States Federal Government funds or intended for use within or for any United States federal agency are provided with "Restricted Rights" as defined in DFARS 252.227-7013(c)(1)(ii) or FAR 52.227-19. 9.2 Modification of Service. Upon reasonable advance notice to Customer, Bank may make any modifications,changes,adjustments or enhancements to the Service that do not materially affect the existing functionality of the Service. 9.3 Relationship of Parties. The parties are independent contractors. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other and neither party shall have any right, power or authority to create any obligation or responsibility on behalf of the other except as specified herein. 9.4 Entire Agreement; Amendments. These Service Terms, including the Account Documentation, the Exhibits hereto and all materials and documents referred to herein, sets forth all of the promises, agreements, conditions and understandings between the parties respecting the subject matter hereof and supersedes all negotiations, conversations, discussions, correspondence, memoranda and agreements between the parties concerning the subject matter hereof. Except as otherwise provided, these Service Terms may not be modified except by in writing signed by authorized representatives of both parties. City of Wylie contract.doc Page 4 of 12 9.5 Third Party Beneficiaries. The parties intend that these Service Terms shall not benefit or create any right or cause of action in or on behalf of any person or entity other than the parties. 9.6 Notices. All notices required or permitted to be given hereunder shall be addressed as set forth below or as otherwise agreed in writing by the parties from time to time. 9.7 Compliance with Laws. Each party shall obtain and maintain, at its own cost and expense, all necessary licenses, consents, approvals, permits and authorizations that are legally required to be obtained in connection with these Service Terms, and shall reasonably cooperate with and assist the other party in obtaining any such licenses, consents, approvals, permits and authorizations. 9.8 Restrictions. Except as expressly authorized herein, Customer shall not: (i) reverse compile, reverse assemble, disassemble or translate any portion of the system; or (ii) access or attempt to access, distribute, disclose, market or copy in any form any information or data on the system that is not data supplied by Customer relating to Payors. 9.9 Severability. If any provision in this Agreement is held to be inoperative, unenforceable, or invalid, such provision shall be inoperative, unenforceable, or invalid without affecting the remaining provisions, and to this end the provisions of this Agreement are declared to be severable. Failure of either party to exercise any of its rights in a particular instance shall not be construed as a waiver of those rights or any other rights for any purpose. 9.10 Force Majeure. Bank shall not be held responsible for any act, failure, event or circumstance addressed herein if such act, failure,event or circumstance is caused by conditions beyond its reasonable control. 9.11 Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS (AND NOT THE LAW OF CONFLICTS) OF THE STATE OF NEW YORK, BUT GIVING EFFECT TO FEDERAL LAWS APPLICABLE TO NATIONAL BANKS. CLIENT HEREBY WAIVES ANY RIGHT TO PERSONAL SERVICE OF ANY PROCESS IN CONNECTION WITH ANY ACTION, AND HEREBY AGREES THAT SERVICE MAY BE MADE BY REGISTERED OR CERTIFIED MAIL. THE PARTIES HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY. Effective as of the day of ,2007. CITY OF WYLIE,TEXAS JPMORGAN CHASE BANK,N.A. By: By: Name: Name: Clare T.Trauth Title: Title: Vice President Address for 2000 Highway 78 North 300 S. Riverside Plaza,Suite IL1-0199 Notices: Wylie,Texas 75098 Chicago, Illinois 60670 Attn: Larry Williamson Phone/ Phone/ Fax: (972)442-8141/727-8136 Fax: (312)954-3547/954-3516 City of Wylie contract.doc Page 5 of 12 Exhibit A I PAY CONNEXIONS"" STANDARD SERVICE LEVEL AGREEMENT I. OVERVIEW This Service Level Agreement (SLA) has been created to formalize agreed upon levels of service with respect to the development efforts and Services provided by Bank to Customer in accordance with the Pay Connexions""Service Terms. The service level standards will incorporate measurable criteria in order that performance can be monitored on an ongoing basis. The agreement to these standards affirms the commitment of both organizations to establish and maintain quality service levels. Notwithstanding anything to the contrary herein or in the service terms,the SLA establishes target levels only and failure to achieve any target level will not be deemed to be a failure by Bank to exercise ordinary care. II. PRODUCT&SERVICE OFFERING A. DEFINITIONS Unless as otherwise defined below, capitalized terms found in this document shall have the meanings defined in the Pay Connexions"'Service Terms. Term Meaning Dark Window The time period when Scheduled Maintenance(defined below)may be conducted by Bank on the Services. For the purposes of this document,the Dark Window is scheduled to occur on Saturdays and Sundays from 01:00 AM to 07:OOAM Eastern Time(ET),unless Bank notifies Customer of a change to the Dark Window schedule. Scheduled Maintenance on the Services that occurs during the Dark Window or other agreed upon Maintenance period of time. System Outage The time period when the ability to accept and process payments is unavailable for use by Customer or Payors,other than in a Dark Window. Uptime The number of minutes that the application is available to receive and process payments i I Change Management The process used to document and implement changes to a production application. Each Process request will be managed according to defined timelines and the existing queue of development efforts. Production Support The JPMC functional team that manages issue resolutions in accordance with the service levels stated herein.This team also manages all change requests and operations monitoring. B. PRODUCT AND SERVICE OFFERING The Services to be provided by Bank have been designed and developed to meet Customer's payment collection needs for consumer Payors. Customer acknowledges the Services offered by Bank will be hosted in a shared services infrastructure. C. CUSTOMER ENROLLMENT If required by the configuration of Services chosen,Customer agrees to provide to Bank a current and complete electronic file of Customer information in a format mutually acceptable to Bank and Customer to facilitate the initial database import of Customer Payor information into the Pay Connexion Transaction System (the "Pre-Registration File"). Customer agrees to provide Bank the Pre-Registration File no later than seven (7) Business Days prior to the Pay Connexion Transaction System production launch date. Thereafter, Customer agrees to provide Bank a daily file in the same format that contains any associated changes, additions,or deletions that are relevant to the Pay Connexion Transaction System. Customer agrees to provide Bank the Pre-Registration File each night by no later than 9:00PM Eastern Time (ET) after the initial provision of the Pre- Registration File. D. PERFORMANCE STANDARDS AND EXCEPTIONS (Applicability is dependant on the configuration of the services chosen by Customer) Technology Minimum Service Level Criteria Service Level Description Web Availability/Uptime Goal: Pay Connexion ' Transaction System web applications will be available to users ninety-nine percent(99%)of the total minutes City of Wylie contract.doc Page 6 of 12 available in each month. Availability is calculated excluding any Scheduled Maintenance or scheduled System Outages. In addition,there shall be no more than two(2)System Outages (planned or unplanned)during each twenty-four(24)hour period (measured from midnight to midnight),and the aggregate time of the System Outages during that period shall not exceed two(2) hours. IVR Availability/Uptime Goal:Pay Connexion Transaction System IVR applications will be available to users ninety-nine percent(99%)of the total minutes available in each month. Availability is calculated excluding any Scheduled Maintenance or scheduled System Outages. In addition,there shall be no more than two(2)System Outages during each twenty-four(24)hour period(measured from midnight to midnight),and the aggregate time of the System Outages during that period shall not exceed two(2)hours. Web and IVR Disaster Recovery Provide an offsite hot backup site. Primary processing capabilities will be available within 8 hours if primary site is disabled. Web and IVR Backup Recovery Testing The backup recovery systems to be tested annually. Standard Pre-Registration File Processing Billers with the Pre-Registration feature are required to deliver a Pre-registration file to the Pay Connexion team by 9pm Eastern time in accordance with their daily delivery schedule. Pay Connexion will process the Pre-registration file upon receipt from the biller or an intermediary. Response files will be delivered to the biller by 9AM Eastern time,in accordance with the Biller's daily delivery schedule. If the Biller does not deliver a Pre-registration file on time the Pay Connexion team will make best efforts to meet the 9AM delivery Response file but will not guarantee a 9AM delivery time. Standard Next Day Remittance File Processing The Pay Connexion team will deliver a Remittance file to the Biller (either directly or through an intermediary)by an agreed upon time, Monday through Friday,excluding Federal Reserve holidays. Standard Same Day Remittance File The Pay Connexion team will deliver a Remittance file to the Biller Processing (either directly or through an intermediary)by an agreed upon time, Monday through Friday,excluding Federal Reserve holidays. Call Center Minimum Service Level Criteria Service Level Description Call Center Availability Standard hour of operations are 24 x 7 x 365 Languages supported by the call center English and Spanish(live operator) Monitored calls answered accurately To monitor how Customer Service Agents handle inquiries. Operators will be measured on the accuracy of the information they provide,their interpersonal manner, and whether they follow the scripts. MAP goal shall be 95%of all monitored calls to be answered accurately.Monitoring shall occur on a minimum of 3 calls per agent per week. Incoming Calls Lost To monitor queue size for Customer Service. This information is received from the telephone switch,and will be measured at the Automated Call Distribution(ACD)level. MAP goal for incoming calls lost due to forced busy and forced disconnects(i.e. not enough capacity)shall be that such calls do not exceed 3%of all calls received City of Wylie contract.doc Page 7 of 12 %Abandoned Incoming Calls —! To monitor the number of calls which are abandoned after being put in the queue. The calls will be measured beginning when they are put in the queue to the point when the caller hangs up. MAP goal for the percentage of calls queued to live agents that do not get answered shall be that such calls do not exceed 6%of the total number of calls received. Calls Answered in 30 Seconds or Less By To monitor the speed with which calls are answered in aggregate. Operator The calls will be measured beginning when they enter the agent queue to the point when the call is answered. This information is received from the telephone switch, and will be measured at the ACD level. MAP goal for calls answered in 30 seconds or less shall be that at least 70%of all incoming calls queued to live agents be answered in 30 seconds or less. Call Center Disaster Recovery Provide an offsite hot backup site. Primary call center functions will be available within 16 hours if primary site is disabled. Call Center Backup Recovery Testing The backup recovery systems to be tested at least annually. III. OUTAGE NOTIFICATION A. PLANNED/SCHEDULED OUTAGES In the event of any planned or scheduled System Outages, it is expected that Bank will contact the appropriate individuals designated by Customer at least twenty-four(24) hours prior to the planned System Outage (contact information will be amended from time to time via e-mail). Additionally, in the event of a planned/scheduled System Outage, it is expected that Bank will adhere to the following guidelines: 1. Downtime will be scheduled during standard maintenance windows of Saturday and Sunday 01:00 AM —07:00 AM Eastern Time(ET),except as necessary and upon notice as provided above. 2. Bank will implement a web page on the payer site notifying that the system is unavailable during the scheduled downtime(Bank will immediately remove this notification page following completion of the scheduled maintenance). 3. Bank will implement a message on the IVR notifying that the system is unavailable during the scheduled downtime. (Bank will immediately remove this message following completion of the scheduled maintenance). B. UNPLANNED/UNSCHEDULED OUTAGES Bank will adhere to the Severity Level requirements for unscheduled System Outages/service interruptions according to the table in this Section III B. Unless otherwise specified,all hours referred to in this Section III B are clock hours. Proposed Severity Level/Response Time SLA Severity Level Definition Initial Contact w/Clients Resolution /Internal Functional Goal Teams Primary Definition: 15 min to Client contacts ASAP—no • Severity 1 (Emergency) Degeneration in or complete and/or Internal Functional later than failure of,the system or a any single channel(IVR, Team Designate (TBD); end of Web,Admin)to receive and process payments. hourly updates until Business • Restricted to true, system-wide emergencies. A resolved Day complete failure has occurred in either a system or critical process. City of Wylie contract.doc Page 8 of 12 Severity Level Definition Initial Contact w/Clients Resolution /Internal Functional Goal Teams Primary Definition: 15 min to Client contacts ASAP—no • Severity 2 (High) Degeneration in,or complete failure and/or Internal Functional later than of, business-critical secondary functionality(RTPC, all Team designate(TBD); end of 2nd file processing, password reset, download a Remittance hourly updates until Business File, or the ability to initiate a call)for a single Biller or resolved Day group of Billers • Used when the problem is severely affecting a group of users. A major portion of a system or process is not functional, but can be bypassed, or it is a functional failure with no workaround. Primary Definition: Monthly issues log As prioritized in • Severity 3 (Medium) Degeneration in product release by functionality of non-critical tertiary functionality Product (confirmation emails, standard reporting, etc)for a Management. single Biller or a group of Billers • This is the most common severity level. A system or process is mostly functional but not performing as expected. An error can be ignored, or a workaround can be used. Primary Definition: Monthly issues log As prioritized in • Severity 4 (Low) System or critical process is release by functional, but a problem exists related to ease of use Product (slow app response time or screen flows), interface or Management. Standard Report content, or a problem exists for a single payer or group of Payers (can't reset passwords, can't log in). • A single Payer is impacted.A system or process is currently fully functional but a problem exists, or the problem relates to information, process change(s), minor enhancement(s), or request(s)for future functionality. IV. GENERAL SUPPORT EXPECTATIONS A. SUPPORT Tier I Support Telephone-based support whereby Customer's Payors access a Customer support representative for assistance on Payor-related issues specific to the Services during regularly scheduled Payor service hours. Tier II Support Telephone-based support whereby Customer's support representative can call a Bank support representative for assistance on Payor-related issues specific to the Services. Tier III Support Telephone-based customer support whereby Bank support representatives escalate Service problems to internal technical resources for issue resolution. Bank will only provide Tier I support in cases where Customer requests assistance as part of the IVR channel service(roll-out operator support). Tier II customer service representatives resolve those calls for which Tier I staff require assistance. Tier II requests may require additional internal/external investigation to be performed by dedicated staff. Tier III support representatives will be responsible for analysis and resolution of technical or other system-related problems. Tier III support will be staffed and supported by Bank technical or knowledge subject matter experts. Customer will be able to contact the following toll-free number for Tier II support,technical issues,or to report system interruptions:886-282-1981. B. PRODUCTION EXPECTATIONS When Customer's Pay Connexion system is in production, Bank will be responsible for the following in addition to the service levels identified herein: • Housing the system in a secure environment and adherence to regulatory and audit requirements of this kind of payment system.Security is defined as utilizing proper encryption and access control standards. • Authentication of users as they enter the system pursuant to Bank policies and procedures. • Archival of pre-registration file for 2 weeks after acceptance for possible retrieval. City of Wylie contract.doc Page 9 of 12 • Initiation of the RTPC and RTEL transaction in the appropriate format in a timely manner.(Optional Service) • Processing payments through the appropriate payment channels as configured during set up. • Making data available for reporting queries initiated through the Pay Connexion Administrative system for two years standard • Send emails as indicated in the Functional Specification to either internal resources or to the Payer directly based on events in the payment process. • Pre-Registration File Processing as described in the SLA herein • Next Day Remittance Processing as described in the SLA herein • Same-Day Processing Remittance Processing as described in the SLA herein When Customer's Pay Connexion system is in production,Customer will be responsible for the following: • Providing daily updates to the Pre-Registration file(if selected)for retrieval by Bank by 9:00PM ET. • Retrieve the remittance file delivered each Business Day by Bank • Ensure that all data required in the session transfer or as part of the Pre-Registration file is made available as appropriate for processing payments. If a data element is missing or is sent in plan text when it is expected to be encrypted the session will error for the Payer. • Notify JPMC in advance of infrastructure changes that may impact session transfer,email confirmations, FTP transmissions, and successful RTPC and RTEL receipt. V. PROGRESSIVE CONTRACT ADMINISTRATION It is Bank's intent to work in partnership with Customer to resolve all quality issues. Customer will be given a written notification of breach of a service level. Bank will not be deemed to be in material breach(including without limitation a missed cut-off time or delivery schedule)of this SLA if equipment owned by or the responsibility of Customer, its affiliates, or any of Customer's third party vendors, or the actions or inaction of Customer, its affiliates, or any of Customer's third party vendors, is determined to be the cause of such breach; or if such breach is the result of circumstances beyond the reasonable control of Bank, provided Bank has exercised such diligence as the circumstances require. VI. CHANGE MANAGEMENT A. PRODUCTION CHANGES Any changes to a production application requested by Customer will follow the Change Management process as part of the Production Support function offered by JPMC. Requests for standard features available in the application will be delivered without additional charge for the first 60 days following the launch of an application.After 60 days, Customer can request standard features that do not exceed 40 hours of development/testing in each calendar year.All development beyond 40 hours will be charged at the then current hourly rate. All requests for non-standard changes to a production application will be charged at the then current hourly rate. B. CHANGES DURING IMPLEMENTATION While the application is in implementation,the client can change any standard feature covered in the original agreement. Any non-standard changes will be charged at the then current hourly rate. VII. REVIEWS AND MEETINGS AD HOC REVIEWS The Parties agree to participate in periodic project and production meetings using any mutually acceptable means of communication. The Parties agree to provide at least seven (7) Business Days notice when requesting an Ad Hoc review. These reviews will include the following elements: • Review the Issues Log, service levels, cost savings opportunities, industry best practices, and short and long-term milestones. • Facilitate a frank discussion of key mutual objectives and assess the Parties'progress towards those objectives. City of Wylie contract.doc Page 10 of 12 Exhibit BI FEE SCHEDULE City of Wylie, TX Implementation Fees: • Web initiated payments(first web biller)-$0 o Additional web billers-$0 per additional biller implementation • IVR initiated payments(first IVR biller) -$0 o Additional IVR billers-$0 per additional biller implementation • Web&IVR(first web and IVR biller)-$0 o Additional Web and IVR billers-$0 per additional biller implementations Monthly Hosting Fees: • Web initiated payments(first web biller)-$0 per month' o Additional web billers-$0 per month,per additional biller' • Monthly Pre-Registration File Processing -$0 per month,per biller • IVR initiated Payments(first IVR biller)-$0 per month' o Additional IVR billers-$0 per month,per additional biller' • Web&IVR(first web and IVR biller)Initiated Payments(first IVR biller)-$0 per month' o Additional IVR billers-$0 per month, per additional biller' Transaction Fees • "One Time Payments"Transaction Initiation One-Time Payments Measurement Price 0-10,000 Per Confirmation Number Generated2 $ 0.00 10,001-25,000 Per Confirmation Number Generated2 $ 0.00 25,000-50,000 Per Confirmation Number Generated2 $ 0.00 50,001-75,000 Per Confirmation Number Generated2 $ 0.00 75,001 &up Per Confirmation Number Generated2 $ 0.00 • "Recurring Payments"Transaction Setup-$.00 per setup generated2 • `Recurring Payments"Transaction Initiation Recurring Payments Measurement Price 0-10,000 Per Confirmation Number Generated2 $ 0.00 10,001-25,000 Per Confirmation Number Generated2 $ 0.00 25,000-50,000 Per Confirmation Number Generated2 $ 0.00 50,001-75,000 Per Confirmation Number Generated2 $ 0.00 75,001 &up Per Confirmation Number Generated2 $ 0.00 • Monthly Transaction Minimum Charge-$0 per month • ACH Originated Item-$0.05 per ACH item originated • ACH Returns-$2.50 per ACH returned item City of Wylie contract.doc Page 11 of 12 Convenience Fees(Paid to JPMorgan Chase) JPMorgan Chase must meet the requirements of several Card Association rules. In certain circumstances,the Card Association rules do not allow having different fees for different payment types for specific applications.JPMorgan Chase will need to work with the City to apply the below pricing structure and adhere to Card Association rules. Residential • Credit Card Payments—Flat Fee$1.75/payment(Visa,MasterCard, Discover) • Discounted ACH/e-check Payments—Flat Fee$.50/payment Business • Credit Card Payments—Flat Fee$1.75/payment(Visa,MasterCard, Discover) • Discounted ACH/e-check Payments—Flat Fee$.50/payment We are able to offer the above convenience fee pricing based on the current volumes and the average payment amounts provided to us,as well as,the understanding that JPMorgan Chase will be the exclusive provider of those services. The fixed,flat convenience fee structure initially will be set up based on average payment amounts for each type of fee. When the program is established,the fee structure would exist for an initial six-month period. After this period,the actual average payment amounts will be reviewed and, if warranted,the service fee may adjust to a different amount. After the initial six-month time period,the fee amount is reviewed and potentially changed every six months,or as agreed to between the City of Wylie and JPMorgan Chase. Additional Services • Customer Service o JPMC provided Customer Service by phone-$1.25 per minute3 Notes 'Monthly hosting fees include all the maintenance and upkeep of the hosted infrastructure,the daily transmission of remittance files to Customer and the daily delivery of files to process and settle payments via ACH and the Merchant Processor. 2The cost of processing and settlement of ACH transactions is listed above. If credit cards are to be accepted,the processing and settlement of credit card transactions will be based on arrangements with the Merchant Processor. 3The JPMC provided Customer Service is available in English and Spanish. City of Wylie contract.doc Page 12 of 12 pit Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 27, 2007 Item Number: D Department: Fire (City Secretary's Use Only) Prepared By: Noe Flores Account Code: 100-5231-56040 Date Prepared: February 8, 2007 Budgeted Amount: $20,000.00 Exhibits: Agreement Subject Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement between Collin County and the City of Wylie, Texas for GIS Services. Recommendation Motion to approve and authorize the Mayor to enter into an Interlocal Agreement between Collin County and the City of Wylie, Texas for GIS Services. Discussion The City of Wylie is rapidly growing, creating an ever changing map base. Without a full-time GIS person constantly updating maps for emergency responses, it is necessary to contract outside the city for these services. Collin County's GIS Department has over thirteen years of experience creating, updating and managing spatial information. Collin County GIS proposes to support the City of Wylie by creating, managing and mapping specific spatial layers to aid in service to our constituents. The goal of this effort is to ensure the City of Wylie has the most current geographic information at their disposal. Collin County GIS plans to manage all of the data within their GIS database and provide wall maps, map books and web access to our departments and staff. Their proposal meets the basic requirements: Automate Wylie Fire Boxes and Police Reporting Grids Incorporate Fire Plugs (Hydrants) Update Base Map (25 E-size Maps) Provide Updated Map Books (36 Books) City of Wylie Will Own All Data(including maps and electronic data) Collin County Will Back-up Data The contract is renewable annually with 90 days notice. Approved By Initial Date Department Director RC 2/8/07 City Manager rv‘, , \ 1< ! o l Page 1 of 1 INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT, is made and entered between City of Wylie, a Municipality of the State of Texas (hereinafter"CITY") and COLLIN COUNTY, TX, a political subdivision of the State of Texas (hereinafter"COUNTY"). WITNESSETH WHEREAS, both the CITY and COUNTY have the authority to enter into this Agreement pursuant to Chapter 791, Texas Government Code; and WHEREAS, it has been determined mutually beneficial to both Parties to execute this agreement which sets forth the parameters under which; and WHEREAS, the County wants to ensure that the City has the most current geographic information at their disposal. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of this Agreement is to set forth the parameters under which the County will provide GIS Services to the City to include creating, managing and mapping specific spatial layers to aid in service to the City constituents. Section 2. Effective Date/Term This agreement will become effective immediately upon the latest date of execution by either party and may be renewed by City annually by giving the County written notice of its intent to extend the Agreement for another year at least ninety (90) days before the expiration of the agreement. 1 Section 3. Services Rendered County shall provide the following services to City: Web Mapping Search by Road Intersection County will design a feature for the WFD Interactive Mapping site to find locations based on road intersections (i.e., S Jackson Ave @ W Oak St). This project will aid the Wylie Police Department. Latitude&Longitude Coordinate Display County will add a feature to the WFD Interactive Mapping site to display latitude and longitude coordinates. This will aid with Care Flight requests. Incorporate Floor Flans (preplans) City wants County to add preplans to certain locations in the data. City will provide the structure locations and the preplans for those selected structures in a readable digital format (e.g. MS Visio format) Spatial Automation Projects Map Target Hazards City will supply the target hazard locations. County will create and add the locations to a spatially correct GIS point layer(geocode). County will create a building footprint of the highest priority target hazards. City will provide the priority list. Create One Acre Grid Layer County will design the one acre grid with a ten acre reference grid. City wants to use this layer for Lake Lavon search&rescue. Map Monitored Alarms 2 City will supply the monitored alarm locations in a digital database (e.g. MS Access database). County will geocode locations. Map Greater than 5 Minute Response Calls City will supply the data on a quarterly basis. County will geocode specific addresses that have> 5 min response times. Map Tier II Locations County will develop this layer and provide to City. Reporting Projects Quarterly Response Time Mapped Report City will supply the calls for service data in a quarterly interval. County will develop thematic maps for each dataset. Annual Hydrant Count Report County will spatially select all of the hydrants in each fire call box. County will provide the results to City in a digital database file on an annual basis. Analysis Projects Disaster Siren Analysis County will map current sirens and analyze additional siren locations based on growth projections, city owned and ISD owned property. Analyze/Create a Demand Zone Layer City will identify High, Medium or Low risk areas in the WFD district. County will provide a Demand Zone GIS layer. Population Growth Analysis 3 County will analyze growth patterns in the WFD district and will provide a map or a map series identifying growth trends. Section 4. Responsibilities and Duties City will provide Collin County the information identified in Section 3 —Services Rendered. Section 5. Maintenance At the conclusion of the warranty period, County shall provide annual maintenance, to include the following: • Twelve (12)months of data updates, • Storage of Data • Web access & design along with a routine backup & recovery strategy of the work above. • software upgrades • Web upgrades • Additional training and mapping (5 Map books, 5 Wall maps). 4 Section 6. Consideration Fee ScheduleServices Hours Price Internet Mapping Projects 1. Search by Road Intersection 2. Incorporate Floor Plans to Major 80 $6,000 Structures 3. Add Latitude &Longitude Coordinates to Display Spatial Automation Projects 1. Map Target Hazards 2. Map Monitored Alarms 3. Map Tier II Locations 120 $4,500 4. Map >5 Minute Response Calls 5. Create 1 Acre per cell Grid Reporting Projects 1. Quarterly Response Time Map Reports 15 $500 2. Annual Hydrant Count Report Analysis Projects 1. Disaster Siren Analysis 120 $9,000 2. Analyze/Create Demand Zone Layer 3. pulation Growth Analy TOTAL Solution 335 $20,000.00 - includes all of the above This price provides up to 335 hours of development, management and mapping for the Wylie Fire Department. The extent of the work area includes all of the Wylie Fire Boxes and Wylie Police Reporting Grids included within the Wylie Fire District. All of the work listed will be completed within the City's fiscal budget year 2007. Collin County GIS will maintain and update the data created from this project for the duration of the City's fiscal budget year 2007. If additional work is required and authorized, an addendum to the quote will be supplied 5.1 County will send two (2) invoices, the first when project is complete or upon request and another for annual maintenance. 5 5.2 The fee for annual maintenance is $5,000 per year. This can be paid in whole at the beginning of year or in twelve (12) equal payments of$417.00 per month. The 1st year begins at the conclusion of the warranty period. Section 7. Warranty For the duration of the County's current fiscal year(September 30, 2007), Collin County will maintain and update the data created for this project. Section 8. Breach/Opportunity to Cure The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. Section 9. Termination This Agreement may be terminated by either party with or without cause to this Agreement upon ninety(90) days written notice to the other party. Section 10. Notice All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: CITY COUNTY City of Wylie Collin County Randy Corbin Purchasing Agent 2000 Highway 78 North 200 S. McDonald, Ste 230 Wylie, TX 75098 McKinney, TX 75069 6 Section 11. Liability The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. Section 12. Amendments This Agreement may be amended from time to time by written amendment by both Parties. Section 13. Remedies This Agreement shall be construed by and governed by the laws of the State of Texas. Any and all legal action necessary to enforce the Agreement will be held in Collin County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right,power, or remedy hereunder shall preclude any other or further exercise thereof. Section 14. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 15. Seyerability In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 16. Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. 7 BY: BY: John Mondy,Mayor Keith Self, County Judge City of Wylie Collin County ACKNOWLEDGMENT STATE OF TEXAS } } COUNTY OF COLLIN } This instrument was acknowledged before me on the 27th day of February , 2007 by John Mondy, Mayor of CITY of on behalf of such corporation. Printed Name My Commission expires on the day of , STATE OF TEXAS } } COUNTY OF COLLIN } This instrument was acknowledged before me on the day of , 2007 by Judge Keith Self of Collin County, Texas of on behalf of such corporation. Printed Name My Commission expires on the day of , 8 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 27, 2007 Item Number: E Department: Planning (City Secretary's Use Only) Prepared By: Charles Lee Account Code: Date Prepared: 02/07/07 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, approval of a Final Plat creating a single lot on 20.4 acres for multi-family development. The property is generally located south of FM 544 between Hooper Road and Wylie High School within the Woodbridge North Subdivision. Recommendation Motion to approve a Final Plat for Broadstone Woodbridge creating a single lot, generally located south of FM 544 between Hooper Road and Wylie High School. Discussion The property totals 20.4 acres and will create a single lot for multi-family development. The subject property is part of the larger Woodbridge North Addition which was the subject of a zoning change request in 2003. The property was successfully rezoned PD2003-01 for mixed use development including multi-family uses. The subject property is triangular in shape with several utility easements traversing the property. The property is bordered by a flood zone on two sides. However, no portions of any building lie within the designated flood areas. The southwest portion of the site is heavily wooded and to a great degree will not be disturbed. A Final Site Plan for Broadstone Woodbridge Apartments was approved by the Planning and Zoning Commission on December 5, 2006. The Final Plat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted 6-0 to recommend approval. Approved By Initial Date Department Director RO 2/7/07 City Manager 11 iY r l 02/01l '07 Page 1 of 1 .11/1.1 WNld•auawaaonM 3e1100VONV V g a 1141 r II 11t e I 152I I . 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III 11111%1 il`,Jia 11.ltl 111,l tk la. i �: l I j� #1 7'�lliI Jl�i tan 11I•1 1144"4"18" `�. 11111L rl l 41,I!.�i 4lj]]i% lrsi: 4r_`i, t 1 ,3, j4 !III i 1 li ei itlaili i :11ti 1p j lit !'y Wiz€aiii'1 aIII1• nil tlell1! l a ii }; ,1F iei t!, i ill 1 la. sii, Wiz a.,•I ' !i l 4i % I+!i 10111113 i I i'eAri : ii...1 it Il,4i1t tllli1# .i i 1,1i till illipMliii t� 1} t! aaaj tai,l.l,1.lia14 ,11 li 4 1 ty 1yit i i i Jl6g � rrO ltiytj kyil tlttlyJ tly ]) 1&y !;Yin f !1 I�I1IIII t! RI.hills I,3li lf !I I,,t Illl I!il!, i. iii sir I11 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 02-27-07 Item Number: F Department: Police (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 01-18-07 Budgeted Amount: 2006 Annual Traffic Contact Exhibits: Report Subject Review and place on file 2006 Annual Traffic Contact Report. Recommendation Motion to place on file 2006 Annual Traffic Contact Report. Discussion Senate Bill 1074 of the 77 Legislature established guidelines for compiling and reporting traffic and contact data as well as other Racial Profiling guidelines. Law enforcement agencies are required to submit their annual traffic contact data to their governing body by March of the following year. The Wylie Police Department has complied with all Racial Profiling requirements. Approved By Initial Date Department Director /1/flY)JB 01/18/07 CityManager 421 /07 Page 1 of 1 The Wylie Police Department Annual Traffic Contact Report (2006) if it t'N �. t c a _ ,.,, , ....„41.34 iN„ i .‘.. ______ NI,,,,....4, ,il' 8, , 1 .,.S% ems. ti I, I tt \\ - (i'' , (I' ( .L.,),- i 04100 1 if Del Carmen Consulting, LLC (I) Introduction Opening Statement January 14, 2007 Wylie City Council 2000 State Highway 78 North Wylie, Texas 75098 Dear Distinguished Members of the City Council, The racial profiling issue is regarded as one of the most prevalent themes among law enforcement agencies in the United States. Almost five years ago,the Texas legislature, in an attempt to address the issue of racial profiling in policing,passed the Texas Racial Profiling Law. Since,the Wylie Police Department, in accordance with the law,has collected and reported traffic-related contact data for the purpose of identifying and addressing(if necessary) areas of concern regarding racial profiling practices among police officers. In this report,you will find three sections that contain information on traffic- based contact data along with documentation which aims at demonstrating the manner in which the Wylie Police Department has complied with the Texas Racial Profiling Law. Specifically, section 1 contains the table of contents in addition to the Texas Senate Bill (SB 1074)which introduced the Texas Racial Profiling Law. Also,in this section, a list of requirements relevant to the Racial Profiling Law as established by TCLEOSE(Texas Commission on Law Enforcement Officer Standards and Education) is included. In addition, sections 2 and 3 contain documentation which demonstrates compliance by the Wylie Police Department relevant to the requirements as established in the Texas Racial Profiling Law. That is, documents relevant to the implementation of an institutional policy banning racial profiling,the implementation of a racial profiling complaint process (which has been disclosed to the public), and the training administered to all law enforcement personnel, are included. The final component of this report provides statistical data relevant to contacts, made during the course of traffic stops,between 1/1/06 and 12/31/06. This information has been analyzed and compared to data derived from the U.S. Census Bureau's Fair Roads Standard and to traffic-based contact data collected between 2002 and 2005. The final analysis and recommendations are also included in this report. I am hopeful that the findings presented in this report serve as evidence of the Wylie Police Department's commitment to comply with the Texas Racial Profiling Law. Sincerely, Alex del Carmen, Ph.D. Del Carmen Consulting, LLC Table of Contents Table of Contents (I) Introduction a) Opening Statement b) Table of Contents c) TCLEOSE Guidelines d) The Texas Law on Racial Profiling(S.B. 1074) (II) Responding to the Texas Racial Profiling Law a) Institutional Policy on Racial Profiling b) Educational Campaign Relevant to the Complaint Process— Addressing Allegations of Racial Profiling Practices c) Racial Profiling Training of Law Enforcement Personnel d) Report on Complaints Filed Against Officers for Violating the Racial Profiling Law(includes outcome of investigation) e) Police(Traffic-Related) Contact Information Table(2006) 0 Table Depicting Baseline Comparison(2006) g) Five-Year Data Assessment(02-06) h) Analysis and Interpretation of Data(2006) (III) Summary a) Checklist b) Contact Information TCLEOSE GUIDELINES Guidelines for Compiling and Reporting Data under Senate Bill 1074 Background Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of Criminal Procedure(TCCP) for law enforcement agencies. The Commission developed this document to assist agencies in complying with the statutory requirements. The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies(CALEA). The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency will achieve compliance with each applicable standard. Each standard is composed of two parts: the standard statement and the commentary. The standard statement is a declarative sentence that places a clear-cut requirement, or multiple requirements, on an agency. The commentary supports the standard statement but is not binding. The commentary can serve as a prompt,as guidance to clarify the intent of the standard,or as an example of one possible way to comply with the standard. Standard 1 Each law enforcement agency has a detailed written directive that: • clearly defines acts that constitute racial profiling; • strictly prohibits peace officers employed by the agency from engaging in racial profiling; • implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint; • provides for public education relating to the complaint process; • requires appropriate corrective action to be taken against a peace officer employed by the agency who, after investigation, is shown to have engaged in racial profiling in violation of the agency's written racial profiling policy; and • requires the collection of certain types of data for subsequent reporting. Commentary Article 2.131 of the TCCP prohibits officers from engaging in racial profiling,and article 2.132 of the TCCP now requires a written policy that contains the elements listed in this standard. The article also specifically defines a law enforcement agency as it applies to this statute as an"agency of the state,or of a county,municipality,or other political subdivision of the state,that employs peace officers who make traffic stops in the routine performance of the officers'official duties." The article further defines race or ethnicity as being of "a particular descent,including Caucasian, African,Hispanic,Asian,or Native American." The statute does not limit the required policies to just these ethnic groups. This written policy is to be adopted and implemented no later than January 1,2002. Standard 2 Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop, to include: • a physical description of each person detained, including gender and the person's race or ethnicity,as stated by the person,or, if the person does not state a race or ethnicity, as determined by the officer's best judgment; • the traffic law or ordinance alleged to have been violated or the suspected offense; • whether the officer conducted a search as a result of the stop and,if so,whether the person stopped consented to the search; • whether any contraband was discovered in the course of the search, and the type of contraband discovered; • whether probable cause to search existed, and the facts supporting the existence of that probable cause; • whether the officer made an arrest as a result of the stop or the search,including a statement of the offense charged; • the street address or approximate location of the stop; and • whether the officer issued a warning or citation as a result of the stop, including a description of the warning or a statement of the violation charged. Commentary The information required by 2.133 TCCP is used to complete the agency reporting requirements found in Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds. Section 2.135(a)(2)states,"the governing body of the county or municipality served by the law enforcement agency,in conjunction with the law enforcement agency,certifies to the Department of Public Safety,not later than the date specified by rule by the department,that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection(a)(1)(A)and the agency does not receive from the state funds for video and audio equipment sufficient,as determined by the department,for the agency to accomplish that purpose." Standard 3 The agency compiles the information collected under 2.132 and 2.133 and analyzes the information identified in 2.133. Commentary Senate Bill 1074 from the 77th Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served. New sections of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person stopped is not free to leave. Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected by peace officer employed by the agency. The report is provided to the governing body of the municipality or county no later than March 1 of each year and covers the previous calendar year. There is data collection and reporting required based on Article 2.132 CCP(tier one)and Article 2.133 CCP(tier two). The minimum requirements for"tier one"data for traffic stops in which a citation results are: 1) the race or ethnicity of individual detained(race and ethnicity as defined by the bill means of"a particular descent,including Caucasian,African,Hispanic,Asian,or Native American"); 2) whether a search was conducted,and if there was a search,whether it was a consent search or a probable cause search;and 3) whether there was a custody arrest. The minimum requirements for reporting on"tier two"reports include traffic and pedestrian stops. Tier two data include: 1) the detained person's gender and race or ethnicity; 2) the type of law violation suspected,e.g.,hazardous traffic,non-hazardous traffic,or other criminal investigation(the Texas Department of Public Safety publishes a categorization of traffic offenses into hazardous or non-hazardous); 3) whether a search was conducted,and if so whether it was based on consent or probable cause; 4) facts supporting probable cause; 5) the type,if any,of contraband that was collected; 6) disposition of the stop,e.g.,arrest,ticket,warning,or release; 7) location of stop;and 8) statement of the charge,e.g.,felony,misdemeanor,or traffic. Tier one reports are made to the governing body of each county or municipality served by the agency an annual report of information if the agency is an agency of a county,municipality,or other political subdivision of the state. Tier one and two reports are reported to the county or municipality not later than March 1 for the previous calendar year beginning March 1,2003. Tier two reports include a comparative analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can be discerned based on the disposition of stops including searches resulting from the stops. The reports also include information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. An agency may be exempt from the tier two reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds[See 2.135(a)(2)TCCP]. Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting the data involving percentages because of statistical distortions caused by very small numbers in any particular category,for example,if only one American Indian is stopped and searched,that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case,a 100%search rate would be skewed data when compared to a 50%rate for Caucasians. Standard 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops,or audio capabilities on motorcycles regularly used to make traffic stops,the agency: • adopts standards for reviewing and retaining audio and video documentation; and • promptly provides a copy of the recording to a peace officer who is the subject of a complaint on written request by the officer. Commentary The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be promptly provided with a copy of the audio or video recordings if the officer is the subject of a complaint and the officer makes a written request. Standard 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such equipment. Commentary None Standard 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that: • the equipment was in place and used during the proceeding calendar year; and • video and audio documentation is retained for at least 90 days. Commentary The audio and video equipment and policy must have been in place during the previous calendar year. Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article 2.132 TCCP. Standard 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Transportation Code. Commentary Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to include: • race or ethnicity,and • whether a search of the vehicle was conducted and whether consent for the search was obtained. The Texas Law on Racial Profiling S.B.No. 1074 AN ACT relating to the prevention of racial profiling by certain peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2,Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.138 to read as follows: Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state,or of a county,municipality, or other political subdivision of the state,that employs peace officers who make traffic stops in the routine performance of the officers' official duties. (2) "Race or ethnicity" means of a particular descents including Caucasian,African,Hispanic,Asian,or Native American descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual., (4) provide public education relating to the agency's complaint process: (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article. (6) require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to: (A) the race or ethnicity of the individual detained: and (B) whether a search was conducted and, if so,whether the person detained consented to the search: and (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision(6)if the agency is an agency of a county, municipality,or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection(b),a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided by this subsection,the policy adopted by the agency under Subsection(b)must include standards for reviewing video and audio documentation. (e) A report required under Subsection(b)(7)may not include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection(b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection(b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made,the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (2) "Pedestrian stop"means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relating to the stop,including: (1) a physical description of each person detained as a result of the stop, including: (A) the person's gender: and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the traffic law or ordinance alleged to have been violated or the suspected offense; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband was discovered in the course of the search and the type of contraband discovered; (5) whether probable cause to search existed and the facts supporting the existence of that probable cause; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; (7) the street address or approximate location of the stop: and f8) whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article, "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year,each local law enforcement agency shall submit a report containing the information compiled during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. (c) A report required under Subsection(b)must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) determine the prevalence of racial profiling by peace officers employed by the agency; and (B) examine the disposition of traffic and pedestrian stops made by officers employed by the agency, including searches resulting from the stops; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection(b)may not include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation,analysis,and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter-activated equipment: and (B) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment: or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety,not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection(a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. f b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop,the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; 12) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A),the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A),the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A)and is using the equipment as required by Article 2.135(a)(1). Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. SECTION 3. Section 96.641, Education Code, is amended by adding Subsection(j)to read as follows: (i) As part of the initial training and continuing education for police chiefs required under this section,the institute shall establish a program on racial profiling. The program must include an examination of the best practices for: (1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling., (2) implementing laws and internal agency policies relating to preventing racial profiling: and (3) analyzing and reporting collected information. SECTION 4. Section 1701.253, Occupations Code,is amended by adding Subsection(e) to read as follows: (e) As part of the minimum curriculum requirements,the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate,whichever date is earlier. SECTION 5. Section 1701.402,Occupations Code,is amended by adding Subsection(d)to read as follows: id) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(e). SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian,or Native American descent. l The record must be made on a form or by a data processing method acceptable to the department and must include: (1) the name, address,physical description, including race or ethnicity, date of birth, and driver's license number of the person charged; (2) the registration number of the vehicle involved; (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or was involved in transporting hazardous materials; (4) the person's social security number,if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit; (5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522; (6) whether a search of the vehicle was conducted and whether consent for the search was obtained; el the plea,the judgment, and whether bail was forfeited; [( ] the date of conviction; and 01 [(S-)] the amount of the fine or forfeiture. SECTION 7. Not later than January 1, 2002,a law enforcement agency shall adopt and implement a policy and begin collecting information under the policy as required by Article 2.132,Code of Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as added by this Act,on March 1, 2003. The first submission of information shall consist of information compiled by the agency during the period beginning January 1,2002,and ending December 31, 2002. SECTION 8. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.134,Code of Criminal Procedure, as added by this Act, on March 1,2004. The first submission of information shall consist of information compiled by the agency during the period beginning January 1,2003,and ending December 31, 2003. SECTION 9. Not later than January 1,2002: (1) the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection(e), Section 1701.253, Occupations Code,as added by this Act; and (2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection(j), Section 96.641, Education Code,as added by this Act. SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer Standards and Education or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection(e), Section 1701.253,Occupations Code,as added by this Act,not later than September 1, 2003. SECTION 11. An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection(j), Section 96.641, Education Code,as added by this Act, not later than September 1, 2003. SECTION 12. This Act takes effect September 1, 2001. President of the Senate Speaker of the House I hereby certify that S.B.No. 1074 passed the Senate on April 4, 2001,by the following vote: Yeas 28,Nays 2;May 21, 2001, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 22, 2001,House granted request of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a viva-voce vote. Secretary of the Senate I hereby certify that S.B.No. 1074 passed the House,with amendments, on May 15, 2001,by a non-record vote; May 22, 2001, House granted request of the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference Committee Report by a non-record vote. Chief Clerk of the House Approved: Date Governor (II) Responding to the Law Institutional Policy on Racial Profiling Racial Profiling Policy Policy Number: 614 Effective Date: January 1,2002 PURPOSE The purpose of this policy is to reaffirm the Wylie Police Department's commitment to unbiased policing in all its encounters between officers and any person; to reinforce procedures that serve to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of department policy and the law. II. POLICY It is the policy of this department to police in a proactive manner and, to aggressively investigate suspected violations of law. Officers shall actively enforce state and federal laws in a responsible and professional manner, without regard to race, ethnicity or national origin. Officers are strictly prohibited from engaging in a racial profiling as defined in this policy. This policy shall be applicable to all persons,whether drivers,passengers or pedestrians. Officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public. Two of the fundamental rights guaranteed by both the United States and Texas constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must be respected. Racial profiling is an unacceptable patrol tactic and will not be condoned. This policy shall not preclude officers from offering assistance, such as upon observing a substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions and/or information received about the person. III. DEFINITIONS Racial Profiling: A law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complainants or other citizen contacts. The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision when used as part of an actual description of a specific suspect for whom an officer is searching. Detaining an individual and conducting an inquiry into that person's activities simply because of that individual's race, ethnicity or national origin is racial profiling. Examples of racial profiling include but are not limited to the following. • Citing a driver who is speeding in a stream of traffic where most other drivers are speeding because of the cited driver's race,ethnicity or national origin. • Detaining the driver of a vehicle based on the determination that a person of that race,ethnicity or national origin is unlikely to own or possess that specific make or model of vehicle. • Detaining an individual based upon the determination that a person of that race, ethnicity or national origin does not belong in a specific part of town or a specific place. A law enforcement agency can derive two principles from the adoption of this definition of racial profiling • Police may not use racial or ethnic stereotypes as factors in selecting whom to stop and search, while police may use race in conjunction with other known factors of the suspect. • Law enforcement officers may not use racial or ethnic stereotypes as factors in selecting whom to stop and search. Racial profiling is not relevant as it pertains to witnesses,etc. Race or Ethnicity: Of a particular decent, including Caucasian, African, Hispanic,Asian, or Native American. Pedestrian Stop: An interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. Traffic Stop: The stop of a motor vehicle by a peace officer for an alleged violation of a law or ordinance regulating traffic. III. TRAINING A. Officers are responsible to adhere to all Texas Commission of Law Enforcement Officer Standards and Education (TCLEOSE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements as mandated by law. B. All officers shall complete a TCLEOSE training and education program on racial profiling not later than the second anniversary of the date the officer is licensed under Chapter 1701 of the Texas Occupations Code or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. A person who on September 1, 2001, held a TCLEOSE intermediate proficiency certificate, or who had held a peace officer license issued by TCLEOSE for at lest two years, shall complete a TCLEOSE training and education program on racial profiling not later than September 1,2003. C. The Chief of Police, as part of the initial training and continued education for such appointment, will be required to attend the LEMIT program on racial profiling. D. An individual appointed as a police chief before the effective date of this Act shall complete the program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1,2003. IV. COMPLAINT INVESTIGATION A. The department shall accept complaints from any person who believes he or she has been stopped or searched based on racial, ethnic or national origin profiling. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint. B. Any person who receives an allegation of racial profiling, including the officer who initiated the stop, shall record the person's name, address and telephone number, and forward the complaint through the appropriate channels or direct the individual(s). Any employee contacted shall provide to that person instructions on the complaint process and will report any allegation racial profiling to their superior before the end of shift. C. Investigation of a complaint shall be conducted in a thorough and timely manner. All complaints will be acknowledged in writing to the initiator who will receive disposition regarding said complaint within a reasonable time period. The investigation shall be reduced to writing and any reviewer's comments or conclusions shall be filed with the Chief. When applicable, findings and/or suggestions for disciplinary action, retaining or changes in policy shall be filed with the Chief. D. If a racial profiling complaint is sustained against an officer, it will result in appropriate corrective and/or disciplinary action, up to and including termination. E. If there is a departmental video or audio recording the events upon which a complaint of racial profiling is based, upon commencement of an investigation by this department into the complaint and written request of the officer made the subject of the complaint, this department shall promptly provide a copy of the recording to that officer. VI. PUBLIC EDUCATION This department will inform the public of its policy against racial profiling and the complaint process. Methods that may be utilized to inform the public are the news media, radio, service, or civic presentations, the internet, as well as governing board meetings. Additionally, information will be made available as appropriate in languages other than English. VII. CITATION DATA COLLECTION AND REPORTING A. An officer is required to collect information relating to traffic stops in which a citation is issued. On the citation officers must include: 1. the violator's race or ethnicity; 2. whether a search was conducted; 3. whether the search consensual; and 4. whether an arrest was made for this cited violation or any other violation. B. By March of each year, the department shall submit a report to the City Council that includes the information gathered by the citations. The report will include: 1. a breakdown of citations by race or ethnicity; 2. number of citations that resulted in a search; 3. number of searches that were consensual; and 4. number of citations that resulted in custodial arrest for this cited violation or any other violation. C. Not later than March 1st of each year this department shall submit a report to the City Council containing this information from the preceding calendar year,beginning March 1,2003. VII. USE OF VIDEO AND AUDIO EQUIPMENT A. Each motor vehicle regularly used by this department to make traffic and pedestrian stops shall be equipped with a video camera and transmitter- activated equipment, and B. Each traffic and pedestrian stop made by an officer of this department that is capable of being recorded by video and audio, or audio as appropriate, shall be recorded. C. This department shall retain the video and audio tapes, or the audiotape of each traffic stop and pedestrian stop for at least ninety (90) days after the date of the stop. If a complaint is filed with this department alleging that one of our officers has engaged in racial profiling with respect to a traffic or pedestrian stop, this department shall retain the video and audio tapes, or the audio tape of the stop until final disposition of the complaint. D. Supervisors will ensure officers of this department are recording their traffic and pedestrian stops. A recording of each officer will be reviewed at least once every ninety(90) days. E. If the equipment used to record audio and video of traffic or pedestrian stops is malfunctioning or otherwise not operable, officers will drive a vehicle with operable video equipment. If no other squad car is available, officers will record the following data when making traffic or pedestrian stops: 1. a physical description of each person detained as a result of the stop including gender and race or ethnicity, as stated by the person or as determined by the officer to the best of his/her ability; 2. the location of the stop and suspected offense, traffic law, or ordinance violated; 3. whether a search was conducted and whether the person detained consented to the search; 4. the reason for any searches; 5. whether any contraband was discovered during the search; 6. whether an arrest was made and if so the charge; and 7. any citations issued. BY ORDER OF CHIEF OF POLICE Complaint Process: Informing the Public and Addressing Allegations of Racial Profiling Practices Informing the Public on the Process of Filing a Racial Profiling Complaint with the Wylie Police Department One of the requirements of the Texas Racial Profiling Law is that police agencies provide information to the public regarding the manner in which to file a racial profiling complaint. In an effort to comply with this particular component,the Wylie Police Department launched an educational campaign aimed at informing the public on issues relevant to the racial profiling complaint process. The police department made available, in the lobby area, information relevant to filing a complaint on a racial profiling violation by a Wylie Police officer. It is believed that through these efforts,the community has been properly informed of the new policies and the complaint processes relevant to racial profiling. Racial Profiling Training Racial Profiling Training Since 2002,all Wylie Police officers have been instructed, as specified in the Texas Racial Profiling Law,to adhere to all Texas Commission on Law Enforcement Officer Standards and Education(TCLEOSE)training and the Law Enforcement Management Institute of Texas(LEMIT)requirements. To date, all sworn officers of the Wylie Police Department have completed the TCLEOSE basic training on racial profiling. The main outline used to train the officers of Wylie has been included in this report. It is important to recognize that the Chief of the Wylie Police Department has also met the training requirements, as specified by the Texas Racial Profiling Law, in the completion of the LEMIT program on racial profiling. The satisfactory completion of the racial profiling training by the sworn personnel of the Wylie Police Department fulfills the training requirement as specified in the Education Code(96.641) of the Texas Racial Profiling Law. Racial Profiling Course Number 3256 Texas Commission on Law Enforcement September 2001 Racial Profiling 3256 Instructor's Note: You may wish to teach this course in conjunction with Asset Forfeiture 3255 because of the related subject matter and applicability of the courses. If this course is taught in conjunction with Asset Forfeiture,you may report it under Combined Profiling and Forfeiture 3257 to reduce data entry. Abstract This instructor guide is designed to meet the educational requirement for racial profiling established by legislative mandate: 77R-SB1074. Target Population: Licensed law enforcement personnel in Texas Prerequisites: Experience as a law enforcement officer Length of Course: A suggested instructional time of 4 hours Material Requirements: Overhead projector, chalkboard and/or flip charts, video tape player, handouts, practical exercises, and demonstrations Instructor Qualifications: Instructors should be very knowledgeable about traffic stop procedures and law enforcement issues Evaluation Process and Procedures An examination should be given. The instructor may decide upon the nature and content of the examination. It must, however, sufficiently demonstrate the mastery of the subject content by the student. Reference Materials Reference materials are located at the end of the course. An electronic copy of this instructor guide may be downloaded from our web site at http://www.tcleose.state.tx.us. Racial Profiling 3256 1.0 RACIAL PROFILING AND THE LAW 1.1 UNIT GOAL: The student will be able to identify the legal aspects of racial profiling. 1.1.1 LEARNING OBJECTIVE: The student will be able to identify the legislative requirements placed upon peace officers and law enforcement agencies regarding racial profiling. Racial Profiling Requirements: Racial profiling CCP 3.05 Racial profiling prohibited CCP 2.131 Law enforcement policy on racial profiling CCP 2.132 Reports required for traffic and pedestrian stops CCP 2.133 Liability CCP 2.136 Racial profiling education for police chiefs Education Code 96.641 Training program Occupations Code 1701.253 Training required for intermediate certificate Occupations Code 1701.402 Definition of"race or ethnicity"for form Transportation Code 543.202 A. Written departmental policies 1. Definition of what constitutes racial profiling 2. Prohibition of racial profiling 3. Complaint process 4. Public education 5. Corrective action 6. Collection of traffic-stop statistics 7. Annual reports B. Not prima facie evidence C. Feasibility of use of video equipment D. Data does not identify officer E. Copy of complaint-related video evidence to officer in question F. Vehicle stop report 1. Physical description of detainees: gender, race or ethnicity 2. Alleged violation 3. Consent to search 4. Contraband 5. Facts supporting probable cause 6. Arrest 7. Warning or citation issued G. Compilation and analysis of data H. Exemption from reporting —audio/video equipment I. Officer non-liability J. Funding K. Required training in racial profiling 1. Police chiefs 2. All holders of intermediate certificates and/or two-year-old licenses as of 09/01/2001 (training to be completed no later than 09/01/2003)—see legislation 77R-SB1074 1.1.2 LEARNING OBJECTIVE: The student will become familiar with Supreme Court decisions and other court decisions involving appropriate actions in traffic stops. A. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769 (1996) 1. Motor vehicle search exemption 2. Traffic violation acceptable as pretext for further investigation 3. Selective enforcement can be challenged B. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968) 1. Stop & Frisk doctrine 2. Stopping and briefly detaining a person 3. Frisk and pat down C. Other cases 1. Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330 (1977) 2. Maryland v. Wilson, 117 S.Ct. 882 (1997) 3. Graham v. State, 119 MdApp 444, 705 A.2d 82 (1998) 4. Pryor v. State, 122 Md.App. 671 (1997) cert. denied 352 Md. 312, 721 A.2d 990 (1998) 5. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999) 6. New York v. Belton, 453 U.S. 454 (1981) 2.0 RACIAL PROFILING AND THE COMMUNITY 2.1 UNIT GOAL: The student will be able to identify logical and social arguments against racial profiling. 2.1.1 LEARNING OBJECTIVE: The student will be able to identify logical and social arguments against racial profiling. A. There are appropriate reasons for unusual traffic stops (suspicious behavior, the officer's intuition, MOs, etc.), but police work must stop short of cultural stereotyping and racism B. Racial profiling would result in criminal arrests, but only because it would target all members of a race randomly—the minor benefits would be far outweighed by the distrust and anger towards law enforcement by minorities and the public as a whole C. Racial profiling is self-fulfilling bad logic: if you believed that minorities committed more crimes, then you might look for more minority criminals, and find them in disproportionate numbers D. Inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops more volatile—a racially-based stop today can throw suspicion on tomorrow's legitimate stop E. By focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all races and backgrounds— it is a waste of law enforcement resources 3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION 3.1 UNIT GOAL: The student will be able to identify the elements of both inappropriate and appropriate traffic stops. 3.1.1 LEARNING OBJECTIVE: The student will be able to identify elements of a racially motivated traffic stop. A. Most race-based complaints come from vehicle stops, often since race is used as an inappropriate substitute for drug courier profile elements B. "DWB"—"Driving While Black"—a nickname for the public perception that a Black person may be stopped solely because of their race (especially with the suspicion that they are a drug courier), often extended to other minority groups or activities as well ("Driving While Brown," "Flying While Black," etc.) C. A typical traffic stop resulting from racial profiling 1. The vehicle is stopped on the basis of a minor or contrived traffic violation which is used as a pretext for closer inspection of the vehicle, driver, and passengers 2. The driver and passengers are questioned about things that do not relate to the traffic violation 3. The driver and passengers are ordered out of the vehicle 4. The officers visually check all observable parts of the vehicle 5. The officers proceed on the assumption that drug courier work is involved by detaining the driver and passengers by the roadside 6. The driver is asked to consent to a vehicle search — if the driver refuses, the officers use other procedures (waiting on a canine unit, criminal record checks, license-plate checks, etc.), and intimidate the driver (with the threat of detaining him/her, obtaining a warrant, etc.) 3.1.2 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which would constitute reasonable suspicion of drug courier activity. A. Drug courier profile (adapted from a profile developed by the DEA) 1. Driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles 2. Signs of long-term driving (driver is unshaven, has empty food containers, etc.) 3. Vehicle is rented 4. Driver is a young male, 20-35 5. No visible luggage, even though driver is traveling 6. Driver was over-reckless or over-cautious in driving and responding to signals 7. Use of air fresheners B. Drug courier activity indicators by themselves are usually not sufficient to justify a stop 3.1.3 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which could constitute reasonable suspicion of criminal activity. A. Thinking about the totality of circumstances in a vehicle stop B. Vehicle exterior 1. Non-standard repainting (esp. on a new vehicle) 2. Signs of hidden cargo (heavy weight in trunk, windows do not roll down, etc.) 3. Unusual license plate suggesting a switch (dirty plate, bugs on back plate, etc.) 4. Unusual circumstances (pulling a camper at night, kids' bikes with no kids, etc.) C. Pre-stop indicators 1. Not consistent with traffic flow 2. Driver is overly cautious, or driver/passengers repeatedly look at police car 3. Driver begins using a car-or cell-phone when signaled to stop 4. Unusual pull-over behavior (ignores signals, hesitates, pulls onto new street, moves objects in car, etc.) D. Vehicle interior 1. Rear seat or interior panels have been opened, there are tools or spare tire, etc. 2. Inconsistent items (anti-theft club with a rental, unexpected luggage, etc.) Resources Proactive Field Stops Training Unit— Instructor's Guide, Maryland Police and Correctional Training Commissions, 2001. (See Appendix A.) Web address for legislation 77R-SB1074: http://t1o2.tIc.state.tx.us/tIo/77r/billtext/SB01074F.htm Report on Complaints Report on Complaints The following table contains data regarding officers that have been the subject of a complaint, during the time period of 1/1/06---12/31/06,based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. A check above indicates that the Wylie Police Department has not received any complaints,on any members of its police force, for having violated the Texas Racial Profiling Law during the time period of 1/1/06 ---- 12/31/06. Complaints Filed for Possible Violations of The Texas Racial Profiling Law Complaint Alleged Violation Disposition of the Case No. 001 Violation of Racial Unfounded Profiling Law Additional Comments: Tables Illustrating Traffic Contact Tier 1 Data (I) Tier 1 Data Traffic-Related Contact Information (1/1/06-12/31/06) Race/Ethnicity Contacts Searches Consensual PC Searches Custody Arrests * Searches N % N % N % N % N % Caucasian 3,671 79 107 81 49 79 58 82 216 67 African 400 9 7 5 4 6 3 4 37 12 Hispanic 513 11 19 14 9 15 10 14 67 21 Asian 66 1 0 0 0 0 0 0 0 0 Native 0 0 0 0 0 0 0 0 0 0 American Other 11 0 0 0 0 0 0 0 0 0 Total 4,661 100 133 100** 62 100 71 100 320 100** "N"represents"number"of traffic-related contacts *Race/Ethnicity is defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian,or Native American". **Figure has been rounded Tier 1 Data (Traffic Contacts) 80 70 60 50 (Percent) 40 30 20 10 0 , j r .4tr .`cm ,. 0 .41Y 67 ® Traffic izr `cr Nr Contacts rtt Alr (Origin) Tier 1 Data (Searches) 120J 100- 80- (Freq.) 60 40 20 0 r fit` .v � �.0 �� V ■ Searches m ❑ Consent (Origin) ❑ PC Tier 1 Data (Arrests) 70- 60 IP 50 40 (Percent) 30-- 20� 0 F I I 1 �� Q. ❑ Arrests (Origin) Tier 1 Baseline Comparison (Fair Roads Standard) (II) Traffic-Contacts and Fair Roads Standard Comparison Comparison of traffic-related contacts with households in Wylie that have vehicle access (in percentages). (1/1/06-12/31/06) Race/Ethnicity* Traffic-Contacts Households (in percentages) with Vehicle Access in 'ercentales Caucasian 79 89 African 9 2 Hispanic 11 7 Asian 1 .39 Native American 0 .96 Other 0 N/A Total 100 99.35*** *Race/Ethnicity are defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian,or Native American". **Represents rounded figure ***Amount does not total 100%since Census data does provide value of"other"category. Tier 1 (Traffic-Contacts and Households/06) 90 l 80-r E 70-1 60 (Percent) 50J 40 30 20 10 0 ttr V � ■ Traffic- Contacts ?� 0 Households (Origin) Tier 1 Data (Five-Year Comparative Analysis) (2002-2006) (III) Five-Year Tier 1 Data Comparison Comparison of Five-Year Traffic-Related Contact Information (1/1/02---12/31/06) Race/Ethnicity* Traffic-Related Contacts (in percentages) (02) (03) (04) (05) (06) Caucasian 80 74 75 76 79 African 3 4 6 8 9 Hispanic 16 21 18 15 11 Asian .47 1 1 1 1 Native .06 0 0 0 0 American Other .30 0 .24 .06 0 Total 100** 100 100** 100 100 *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,or Native American". **Figure has been rounded. Tier 1 Data (Traffic-Contacts 02-06) 80 70-60 50 (Percent) 40 30- 20 10 0 Imo► r a .`u 8 '6" •12 -c CDca 41.' Q. Q (1 0 Q = Q ■ Contacts 02 v a' ❑ Contacts 03 Cri ❑ Contacts 04 (Origin) z 0 Contacts 05 Contacts 06 Comparison of Five-Year Traffic-Related Search Information (1/1/02---12/31/06) Race/Ethnicity* Traffic-Related Searches (in percentages) (02) (03) (04) (05) (06) Caucasian 79 64 59 53 81 African 3 1 8 2 5 Hispanic 18 34 31 44 14 Asian 0 .6 0 0 0 Native 0 0 0 0 0 American Other 0 0 2 0 0 Total 100 100** 100 100 100** *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,or Native American". **Figure has been rounded. Tier 1 Data (Searches 02-06) 90- 80 70 - 60-- 50 (Percent) 40 30 - 20 10 I c.5. 8 "E .S1 8, ya Q t • Q co = Q C) a) co ■ Searches 02 (Origin) ❑ Searches 03 ❑ Searches 04 ❑ Searches 05 ■ Searches 06 Comparison of Five-Year Traffic-Related Arrest Information (1/1/02---12/31/06) Race/Ethnicity* Traffic-Related Arrests (in percentages) (02) (03) (04) (05) (06) Caucasian 77 43 57 50 67 African 3 1 4 7 12 Hispanic 19 54 38 42 21 Asian 0 2 0 0 0 Native 0 0 0 0 0 American Other 0 0 1 1 0 Total 100** 100 100 100 100** *Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a"particular descent,including Caucasian,African,Hispanic,Asian,or Native American". **Figure has been rounded. Tier 1 Data (Arrests 02-06) 80- 70 60� 50� 1 (Percent) 40 30--- 20— 10--- 0 ,riLr V Q" ❑ Arrests (02) I ❑ Arrests (03) 4.7Y ❑ Arrests (04) (Origin) ❑ Arrests (05) ■ Arrests (06) Analysis and Interpretation of Data Analysis In 2001,the Texas Legislature passed Senate Bill 1074 which later became the Texas Racial Profiling Law. This particular law,which became effective January 1, 2002,requires that all police departments in the state collect traffic-related data and report this information to their local governing authority by March 1st of each year. The purpose in collecting and presenting this information is to determine if a police officer is engaging in the practice of profiling minority motorists. It should be noted that the racial profiling law in Texas requires the interpretation of traffic-related data. Although most researchers would probably agree with the fact that it is within the confines of good practice for police departments to be accountable to the citizenry while carrying a transparent image before the community, it is very difficult to determine if police departments are engaging in racial profiling, from a review or analysis of aggregate data. That is, it is challenging for any researcher to identify specific "individual"racist behavior from aggregate-level"institutional"data on traffic-related contacts. The Wylie Police Department,in an effort to comply with The Texas Racial Profiling Law(S.B. 1074),commissioned the analysis of its 2006 traffic contact data. Thus, three different types of data analyses were performed. The first of these involved a careful evaluation of the 2006 traffic stop data. This particular analysis measured,as required by S.B. 1074,the number and percentage of Caucasians, African Americans, Hispanics,Asians,Native Americans, and individuals belonging to the"other"category, that came in contact with the police in the course of a traffic-related stop, and were either issued a citation or arrested. In addition,the analysis included information relevant to the number and percentage of searches(table 1)while indicating the type of search performed(i.e.,consensual or probable cause). Finally,the data analysis included the number and percentage of individuals who,after they came in contact with the police for a traffic-related reason,were arrested. The second analysis performed was based on a comparison of the 2006 traffic- contact data with a particular baseline. When reviewing this particular analysis, one should keep in mind that there is disagreement,in the literature,regarding the appropriate baseline to be used when analyzing traffic-related contact information. Of the baseline measures available,the Wylie Police Department opted to adopt,as a baseline measure, the Fair Roads Standard. This particular baseline is based on data obtained through the U.S. Census Bureau(2000)relevant to the number of households that have access to vehicles while controlling for the race and ethnicity of the heads of households. It is clear that census data presents challenges to any effort made at establishing a fair and accurate racial profiling analysis. That is, census data contains information on all residents of a particular community,regardless of the fact they may or may not be among the driving population. Further,census data,when used as a baseline of comparison, presents the challenge that it captures information related to city residents only. Thus, excluding individuals who may have come in contact with the Wylie Police Department in 2006 but live outside city limits. In some cases,the percentage of the population that comes in contact with the police but lives outside city limits represents a majority of all traffic-related contacts made in a given year. For the past few years, several civil rights groups in Texas have expressed their desire and made recommendations to the effect that all police departments should use, in their analysis,the Fair Roads Standard. This contains census data specific to the number of"households"that have access to vehicles. Thus,proposing to compare"households" (which may have multiple residents and only a few vehicles)with"contacts"(an individual-based count). This, in essence,constitutes a comparison that may result in ecological fallacy. Despite this, the Wylie Police Department made a decision that it would use this form of comparison(i.e.,census data relevant to households with vehicles) in an attempt to demonstrate its"good will"and"transparency"before the community. Thus, the Fair Roads Standard data obtained and used in this study is specifically relevant to Wylie. The final analysis was conducted while using the 2002--2006 traffic contact data. Specifically,all traffic-related contacts made in 2006 were compared to similar figures reported in 2002, 2003, 2004 and 2005. Although some researchers may not support the notion that in five years, a"significant"trend can take place,when considering this analysis, it was determined that comparing five years of traffic contact data may highlight possible areas of consistency with regards to traffic-related contacts. That is,the five-year comparison has the potential of revealing indicators that a possible trend of traffic-based contacts with regards to members of a specific minority group,may in fact, develop. Tier 1 (2006) Traffic-Related Contact Analysis The Tier 1 data collected in 2006 showed that most traffic-related contacts were made with Caucasian drivers. This was followed by Hispanic and African American drivers. With respect to searches,most of them were performed on Caucasian drivers. This was also followed by Hispanics and African Americans. It is important to note that the arrest data revealed that Caucasian drivers were arrested the most in traffic-related contacts; this was followed by Hispanics and African Americans, in that order. In addition,no arrests were made,in traffic related incidents,of Asian and Native American drivers or those belonging to the"other"category. Fair Roads Standard Analysis When comparing traffic contacts to the census data relevant to the number of "households"in Wylie who indicated, in the 2000 census, that they had access to vehicles, the analysis produced interesting findings. That is,the percentage of individuals of Caucasian and Native American descent that came in contact with the police was lower than the percentage of Caucasian and Native American households in Wylie that claimed, in the 2000 census,to have access to vehicles. With respect to African American Hispanic and Asian drivers,a higher percentage of contacts were detected. That is,the percentage of African American,Hispanic and Asian drivers that came in contact with the police in 2006 was higher than the percentage of African American, Hispanic and Asian households in Wylie with access to vehicles. It should be noted that the difference in percentage of Asian contacts with households that have access to vehicles,was of less than 1%;thus,deemed by some as not being statistically significant. Five-Year Comparison The five-year comparison(02-06) showed remarkable similarities with respect to the traffic-related contacts. As evident in table 3,the percentage of drivers(from different racial/ethnic groups) that came in contact with the Wylie Police in 2006 was similar to the percentage of drivers, from the same racial/ethnic groups that came in contact with the Wylie Police Department in 2005, 2004,2003 and 2002. However, a few differences were noted. When comparing 2006 to the previous years,there was an increase in percentage of contacts among Caucasians and African Americans while a decrease in percentage of contacts was detected among Hispanic drivers. The search figures for all five years showed, for the most part, similar patterns. An increase in percentage was detected among Caucasians and African Americans while a percentage decrease was noted among Hispanics. When considering the arrests made, the data revealed that the percentage of arrests increased among Caucasians and African Americans while a decrease in percentage was evident among Hispanics. Summary of Findings As revealed by the findings,the Fair Roads Standard comparison showed that the Wylie Police Department came in contact(in traffic-related incidents)with a smaller percentage of Caucasian and Native American drivers than the percentage that resided in Wylie and had access to vehicles. Further,the data suggested that the percentage of African American, Hispanic and Asian drivers that came in contact with the police in 2006 was higher than the percentage of African American,Hispanic and Asian Wylie households with access to vehicles. The review of the five-year traffic-related contact data suggested that the Wylie Police Department has been, for the most part, consistent in the racial/ethnic composition of motorists it comes in contact with during a given year. The consistency of contacts for the past 5 years is in place despite the fact the city demographics are expected to have changed,thus,increasing the number of subjects likely to come in contact with the police. It is recommended that the Wylie Police Department continue to collect and evaluate additional information on traffic-contact data(i.e.,reason for PC searches, contraband detected)which may prove to be useful when determining the nature of the traffic contacts police officers are making with all individuals;particularly with African Americans, Hispanics and Asians. Although this additional data may not be required by state law, it is likely to provide insights regarding the nature and outcome of all traffic contacts made with the public. As part of this effort,the Wylie Police Department is also encouraged to: 1) Perform an independent search analysis on the search data collected in 2006. 2) Commission data audits in order to assess data integrity; that is,to ensure that the data collected is consistent with the data being reported The information provided in this report serves as evidence that the Wylie Police Department has, once again, complied with the Texas Racial Profiling Law. (III) Summary Checklist Checklist The following requirements were met by the Wylie Police Department in accordance with The Texas Racial Profiling Law: ® Clearly defined act of actions that constitute racial profiling ® Statement indicating prohibition of any peace officer employed by the Wylie Police Department from engaging in racial profiling ®Implement a process by which an individual may file a complaint regarding racial profiling violations ® Provide public education related to the complaint process ® Implement disciplinary guidelines for officer found in violation of the Texas Racial Profiling Law ® Collect data(Tier 1)that includes information on a) Race and ethnicity of individual detained b) Whether a search was conducted c) If there was a search,whether it was a consent search or a probable cause search d) Whether a custody arrest took place ® Produce an annual report on police contacts(Tier 1) and present this to local governing body by March 1,2007. ®Adopt a policy,if video/audio equipment is installed, on standards for reviewing video and audio documentation Contact Information Contact Information For additional questions regarding the information presented in this report,please contact: Del Carmen Consulting, LLC 3018 St. Amanda Drive Mansfield, Texas 76063 817.681.7840 www.texasracialprofiling.com Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting, LLC, is not liable for any omissions or errors committed in the acquisition, analysis, or creation of this report. Further, Dr. del Carmen/del Carmen Consulting is not responsible for the inappropriate use and distribution of information contained in this report. Further, no liability shall be incurred as a result of any harm that may be caused to individuals and/or organizations as a result of the information contained in this report. Wylie City Council CITY OF WYLIE AGENDA REPORT 1 Meeting Date: 02-27-07 Item Number: G Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 02-16-07 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of December 31, 2006. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of December 31, 2006. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on February 16, 2007. Approved By Initial Date Department Director City Manager r f a a 1_07 Page 1 of 1 2-05-2007 11:51 AM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: DECEMBER 31ST, 2006 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,136,130.00 82,909.96 0.00 82,909.96 0.00 1,053,220.04 7.30 INTEREST INCOME 22,500.00 4,973.51 0.00 4,973.51 0.00 17,526.49 22.10 MISCELLANEOUS INCOME 63,840.00 5,332.15 0.00 13,996.45 0.00 49,843.55 21.92 TOTAL REVENUES 1,222,470.00 93,215.62 0.00 101,879.92 0.00 1,120,590.08 8.33 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,777,700.00 95,407.40 0.00 305,478.21 23.69 1,472,198.10 17.19 TOTAL EXPENDITURES 1,777,700.00 95,407.40 0.00 305,478.21 23.69 1,472,198.10 17.19 REVENUE OVER/(UNDER) EXPENDITURES ( 555,230.00) ( 2,191.78) 0.00 ( 203,598.29) ( 23.69) ( 351,608.02) 36.67 2-05-2007 11:51 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: DECEMBER 31ST, 2006 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,136,130.00 82,909.96 0.00 82,909.96 0.00 1,053,220.04 7.30 TOTAL TAXES 1,136,130.00 82,909.96 0.00 82,909.96 0.00 1,053,220.04 7.30 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 22,500.00 4,973.51 0.00 4,973.51 0.00 17,526.49 22.10 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 22,500.00 4,973.51 0.00 4,973.51 0.00 17,526.49 22.10 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 63,840.00 5,332.15 0.00 13,996.45 0.00 49,843.55 21.92 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 63,840.00 5,332.15 0.00 13,996.45 0.00 49,843.55 21.92 TOTAL REVENUES 1,222,470.00 93,215.62 0.00 101,879.92 0.00 1,120,590.08 8.33 2-05-2007 11:51 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: DECEMBER 31ST, 2006 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 157,050.00 17,155.59 0.00 37,084.48 0.00 119,965.52 23.61 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 570.00 0.00 0.00 580.00 0.00 ( 10.00) 101.75 5611-51145 SICK LEAVE BUYBACK 1,710.00 0.00 0.00 1,180.52 0.00 529.48 69.04 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 8,400.00 969.24 0.00 2,100.02 0.00 6,299.98 25.00 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 14,930.00 1,593.78 0.00 3,588.26 0.00 11,341.74 24.03 5611-51410 HOSPITAL & LIFE INSURANCE 14,340.00 1,336.33 0.00 2,759.80 0.00 11,580.20 19.25 5611-51420 LONG-TERM DISABILITY 880.00 34.70 0.00 138.80 0.00 741.20 15.77 5611-51440 FICA 10,400.00 155.12 0.00 618.51 0.00 9,781.49 5.95 5611-51450 MEDICARE 2,430.00 170.23 0.00 490.90 0.00 1,939.10 20.20 5611-51470 WORKERS COMP PREMIUM 850.00 ( 8.42) 0.00 ( 8.42) 0.00 858.42 0.99- 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 212,100.00 21,406.57 0.00 48,532.87 0.00 163,567.13 22.88 SUPPLIES 5611-52010 OFFICE SUPPLIES 7,000.00 469.18 0.00 1,439.98 0.00 5,560.02 20.57 5611-52040 POSTAGE 1,720.00 4.38 0.00 4.38 0.00 1,715.62 0.25 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 3,200.00 391.79 0.00 578.41 23.69 2,597.90 18.82 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 11,920.00 865.35 0.00 2,022.77 23.69 9,873.54 17.17 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 1,310.00 0.00 1,690.00 43.67 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 1,310.00 0.00 1,690.00 43.67 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 485,110.00 0.00 0.00 60,125.00 0.00 424,985.00 12.39 5611-56040 SPECIAL SERVICES 124,950.00 15,557.15 0.00 46,497.79 0.00 78,452.21 37.21 5611-56080 ADVERTISING 50,500.00 1,850.00 0.00 7,975.00 0.00 42,525.00 15.79 5611-56090 COMMUNITY DEVELOPMENT 51,500.00 1,443.24 0.00 20,805.08 0.00 30,694.92 40.40 5611-56110 COMMUNICATIONS 6,020.00 335.62 0.00 927.12 0.00 5,092.88 15.40 5611-56180 RENTAL 17,100.00 1,376.74 0.00 5,006.55 0.00 12,093.45 29.28 5611-56210 TRAVEL AND TRAINING 31,350.00 1,098.59 0.00 2,866.40 0.00 28,483.60 9.14 5611-56250 DUES & SUBSCRIPTIONS 6,380.00 0.00 0.00 1,500.00 0.00 4,880.00 23.51 5611-56310 INSURANCE 2,500.00 0.00 0.00 0.00 0.00 2,500.00 0.00 5611-56510 AUDIT AND LEGAL SERVICES 12,500.00 0.00 0.00 28.00 0.00 12,472.00 0.22 5611-56570 ENGINEERING - ARCHITECT SVC 67,950.00 2,370.76 0.00 2,370.76 0.00 65,579.24 3.49 5611-56610 UTILITIES - ELECTRIC 3,000.00 310.39 0.00 808.01 0.00 2,191.99 26.93 TOTAL CONTRACTUAL SERVICES 858,860.00 24,342.49 0.00 148,909.71 0.00 709,950.29 17.34 2-05-2007 11:51 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: DECEMBER 31ST, 2006 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 294,250.00 20,584.17 0.00 67,608.58 0.00 226,641.42 22.98 TOTAL DEBT SERVICE & CAP. REPL 294,250.00 20,584.17 0.00 67,608.58 0.00 226,641.42 22.98 CAPITAL OUTLAY 5611-58110 LAND 205,000.00 0.00 0.00 0.00 0.00 205,000.00 0.00 5611-58120 DEVELOPMENT FEES 25,000.00 0.00 0.00 0.00 0.00 25,000.00 0.00 5611-58210 STREETS & ALLEYS 150,070.00 27,976.82 0.00 27,976.82 0.00 122,093.18 18.64 5611-58810 COMPUTER HARD/SOFTWARE 1,500.00 0.00 0.00 0.00 0.00 1,500.00 0.00 5611-58830 FURNITURE & FIXTURES 10,000.00 232.00 0.00 4,117.46 0.00 5,882.54 41.17 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 391,570.00 28,208.82 0.00 32,094.28 0.00 359,475.72 8.20 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 6,000.00 0.00 0.00 5,000.00 0.00 1,000.00 83.33 TOTAL OTHER FINANCING (USES) 6,000.00 0.00 0.00 5,000.00 0.00 1,000.00 83.33 TOTAL DEVELOPMENT CORP-WEDC 1,777,700.00 95,407.40 0.00 305,478.21 23.69 1,472,198.10 17.19 TOTAL EXPENDITURES 1,777,700.00 95,407.40 0.00 305,478.21 23.69 1,472,198.10 17.19 REVENUE OVER (UNDER) EXPENDITURES ( 555,230.00) ( 2,191.78) 0.00 ( 203,598.29) ( 23.69) ( 351,608.02) 36.67 *** END OF REPORT *** 2-05-2007 11:54 AM DETAIL LISTING PAGE: 1 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: Dec-2006 THRU Dec-2006 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 DATE POST TRAN # REFERENCE PACKET DESCRIPTION VEND INV/JE # NOTE AMOUNT==== ====BALANCE==== 5611-52010 OFFICE SUPPLIES BEGINNING BALANCE 970.80 12/06/06 12/06 A73797 CHK: 019893 07514 120106 PETTY CASH FINANC 000283 120106 15.00 985.80 12/15/06 12/15 A75025 CHK: 020137 07718 101806 KEYS 001899 101806 1.55 987.35 12/15/06 12/15 A75027 CHK: 020137 07718 120106 COMBLINDS 001899 120106 7.38 994.73 12/20/06 12/20 A75267 CHK: 020162 07822 000035 87002 NOV06 54.34 1,049.07 12/21/06 12/21 A75624 CHK: 020243 07862 PTOUCH LABELS 000392 14514 153.38 1,202.45 12/21/06 12/21 A75625 CHK: 020243 07862 BINDERS 000392 14515 69.52 1,271.97 12/21/06 12/21 A75626 CHK: 020243 07862 BINDERS 000392 14516 168.01 1,439.98 DECEMBER ACTIVITY DB: 469.18 CR: 0.00 469.18 5611-52040 POSTAGE BEGINNING BALAN C E 0.00 12/15/06 12/15 A75024 CHK: 020137 07718 101306 POSTAGE 001899 101306 2.55 2.55 12/15/06 12/15 A75026 CHK: 020137 07718 102706 POSTAGE 001899 102706 1.83 4.38 DECEMBER ACTIVITY DB: 4.38 CR: 0.00 4.38 5611-52130 TOOLS & EQUIPMENT BEGINNING BALANCE 0.00 5611-52160 TOOLS/EQUIP- $100-$999.99 BEGINNING BALAN C E 0.00 5611-52810 FOOD SUPPLIES BEGINNING BALANCE 186.62 12/11/06 12/11 A73959 CHK: 019945 07577 WEDC BOARD BREAKFAST 000317 00-08-2000 31.79 218.41 12/22/06 12/22 A75791 CHK: 020270 07871 LEADERSHIP CLASS LUNCH 000832 120806 340.00 558.41 12/29/06 12/29 A76134 CHK: 020392 07948 1107 JANUARY COFFEE/DRIN 002091 1107 20.00 578.41 DECEMBER ACTIVITY DB: 391.79 CR: 0.00 391.79 5611-52990 OTHER BEGINNING B A LAN C E 0.00 2-05-2007 11:54 AM DETAIL LISTING PAGE: 2 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: Dec-2006 THRU Dec-2006 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 DATE POST TRAN # REFERENCE PACKET DESCRIPTION VEND INV/JE # NOTE AMOUNT==== ====BALANCE==== 5611-54630 TOOLS & EQUIPMENT BEGINNING BALANCE 0.00 5611-54810 COMPUTER HARD/SOFTWARE BEGINNING B A LAN C E 1,310.00 5611-54990 OTHER BEGINNING BALAN C E 0.00 5611-56030 INCENTIVES BEGINNING BALAN C E 60,125.00 5611-56040 SPECIAL SERVICES BEGINNING BALAN C E 30,940.64 12/11/06 12/11 A73974 CHK: 019942 07577 WINDOW CLEANING 002049 75 40.00 30,980.64 12/11/06 12/11 A73978 CHK: 019937 07577 MAINTEN 212 INDUSTRIAL C 002160 2484 400.00 31,380.64 12/15/06 12/15 A75032 CHK: 020147 07718 06-501 FEE PER CONSULT A 002109 06-501 15,000.00 46,380.64 12/15/06 12/15 A75038 CHK: 020131 07718 1255W15THST,S 1 5311 2,370.76 48,751.40 12/15/06 12/15 A75142 CHK: 020158 07749 002049 88 20.00 48,771.40 12/15/06 12/15 A75145 CHK: 020160 07749 BACKFLOW TEST 706 COOPER 002158 2269 40.00 48,811.40 12/20/06 12/20 A75355 CHK: 020183 07819 126-0290-02 NOV 000101 126-0290-02 NOV 12.15 48,823.55 12/31/06 1/08 B09592 recl GSC, Cros 01118 je2628-reclass GSC &Cross arch JE# 002628 45.00 48,868.55 12/31/06 1/08 B09592 recl GSC, Cros 01118 je2628-reclass GSC &Cross arch JE# 002628 2,370.76CR 46,497.79 DECEMBER ACTIVITY DB: 17,927.91 CR: 2,370.76CR 15,557.15 5611-56080 ADVERTISING BEGINNING BALANCE 6,125.00 12/11/06 12/11 A74042 CHK: 019966 07589 105816 FULL PAGE AD-CONN 000468 105816 1,510.00 7,635.00 12/11/06 12/11 A74144 CHK: 019982 07610 DALLAS OFFICE GDE 50 WIN 001841 18499X 340.00 7,975.00 DECEMBER ACTIVITY DB: 1,850.00 CR: 0.00 1,850.00 5611-56090 COMMUNITY DEVELOPMENT BEGINNING BALANCE 19,361.84 12/06/06 12/07 C09394 RCPT 00263354 03950 FLOWER FUND FOR WEDC 16.69CR 19,345.15 12/11/06 12/11 A74043 CHK: 019966 07589 105817 10166 2 TABLES AW 000468 105817 10166 900.00 20,245.15 12/21/06 12/21 A75459 CHK: 020201 07839 19779-IN MATERIALS LEADE 000914 19779-IN 559.93 20,805.08 DECEMBER ACTIVITY DB: 1,459.93 CR: 16.69CR 1,443.24 2-05-2007 11:54 AM DETAIL LISTING PAGE: 3 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: Dec-2006 THRU Dec-2006 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 DATE POST TRAN # REFERENCE PACKET DESCRIPTION VEND INV/JE # NOTE AMOUNT==== ====BALANCE==== 5611-56110 COMMUNICATIONS BEGINNING B A LAN C E 591.50 12/21/06 12/21 A75627 CHK: 020242 07862 PHONE BILL 000468 105833 10166 240.62 832.12 12/21/06 12/21 A75636 CHK: 020240 07862 INTERNET SERV DEC 002052 8260 13 047 019016 95.00 927.12 DECEMBER ACTIVITY DB: 335.62 CR: 0.00 335.62 5611-56180 RENTAL BEGINNING B A LAN C E 3,629.81 12/11/06 12/11 A73975 CHK: 019948 07577 COPIER/PRINTER LEASE PAY 002075 6745981068 NOV-DEC 319.34 3,949.15 12/20/06 12/20 A75362 CHK: 020176 07819 121806 JAN07 002050 121806 JAN07 900.00 4,849.15 12/20/06 12/20 A75363 CHK: 020177 07819 95505 NOV-DEC 002051 95505 NOV-DEC 25.00 4,874.15 12/20/06 12/20 A75364 CHK: 020177 07819 95506 NOV-DEC 002051 95506 132.40 5,006.55 DECEMBER ACTIVITY DB: 1,376.74 CR: 0.00 1,376.74 5611-56210 TRAVEL AND TRAINING BEGINNING B A LAN C E 1,767.81 12/15/06 12/15 A75018 CHK: 020145 07718 121306 REIMBURS MEAL/COM 000317 121306 20.58 1,788.39 12/15/06 12/15 A75028 CHK: 020137 07718 121206 MILEAGE 9/27-12/1 001899 121206 133.01 1,921.40 12/20/06 12/20 A75267 CHK: 020162 07822 000035 87002 NOV06 945.00 2,866.40 DECEMBER ACTIVITY DB: 1,098.59 CR: 0.00 1,098.59 5611-56220 PROFESSIONAL TRAINING BEGINNING B A LAN C E 0.00 5611-56250 DUES & SUBSCRIPTIONS BEGINNING B A LAN C E 1,500.00 5611-56310 INSURANCE BEGINNING B A LAN C E 0.00 5611-56510 AUDIT AND LEGAL SERVICES BEGINNING B A LAN C E 28.00 2-05-2007 11:54 AM DETAIL LISTING PAGE: 4 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: Dec-2006 THRU Dec-2006 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 DATE POST TRAN # REFERENCE PACKET DESCRIPTION VEND INV/JE # NOTE AMOUNT==== ====BALANCE==== 5611-56570 ENGINEERING - ARCHITECT SVCS BEGINNING BALANCE 0.00 12/31/06 1/08 B09592 recl GSC, Cros 01118 je2628-reclass GSC &Cross arch JE# 002628 2,370.76 2,370.76 DECEMBER ACTIVITY DB: 2,370.76 CR: 0.00 2,370.76 5611-56610 UTILITIES - ELECTRIC BEGINNING BALANCE 497.62 12/13/06 12/13 A74563 CHK: 020044 07674 WATER BILL 002091 124-0020-00 9.43 507.05 12/15/06 12/15 A75112 CHK: 020149 07744 002091 301-1901-98-4 NOV 291.42 798.47 12/21/06 12/21 A75637 CHK: 020236 07862 REIMBURSE WATER BILL 002091 124-0020-00 NOV 9.54 808.01 DECEMBER ACTIVITY DB: 310.39 CR: 0.00 310.39 5611-57110 DEBT SERVICE BEGINNING BALANCE 47,024.41 12/15/06 12/15 A75031 CHK: 020139 07718 PAY #5 122506 DEC06 002048 122506 DEC 3,774.70 50,799.11 12/20/06 12/20 A75358 CHK: 020178 07819 PAY #34 JAN07 000891 PAY #34 JAN07 5,741.48 56,540.59 12/20/06 12/20 A75360 CHK: 020188 07819 104015301 DEC06 001792 104015301 DEC 11,067.99 67,608.58 DECEMBER ACTIVITY DB: 20,584.17 CR: 0.00 20,584.17 5611-58110 LAND BEGINNING BALAN C E 0.00 5611-58120 DEVELOPMENT FEES BEGINNING BALAN C E 0.00 5611-58210 STREETS & ALLEYS BEGINNING B A LAN C E 0.00 12/07/06 12/08 A73868 CHK: 019899 07539 A0619C PARTIAL BILL MART 000196 A0619C 27,976.82 27,976.82 DECEMBER ACTIVITY DB: 27,976.82 CR: 0.00 27,976.82 5611-58810 COMPUTER HARD/SOFTWARE 2-05-2007 11:54 AM DETAIL LISTING PAGE: 5 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: Dec-2006 THRU Dec-2006 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 DATE POST TRAN # REFERENCE PACKET DESCRIPTION VEND INV/JE # NOTE AMOUNT==== ====BALANCE==== BEGINNING BALANCE 0.00 5611-58830 FURNITURE & FIXTURES BEGINNING B A LAN C E 3,885.46 12/21/06 12/21 A75638 CHK: 020232 07862 BLINDS FOR CONFER ROOM 002159 8232 277.00 4,162.46 12/31/06 1/08 B09592 recl GSC, Cros 01118 je2628-reclass GSC &Cross arch JE# 002628 45.00CR 4,117.46 DECEMBER ACTIVITY DB: 277.00 CR: 45.00OR 232.00 * * * * * * * * * * * * * 000 ERRORS IN THIS REPORT! * * * * * * * * * * * * * * ** REPORT TOTALS ** --- DEBITS --- --- CREDITS --- BEGINNING BALANCES: 177,944.51 0.00 REPORTED ACTIVITY: 76,433.28 2,432.45CR ENDING BALANCES: 254,377.79 2,432.45CR 2-05-2007 11:50 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: DECEMBER 31ST, 2006 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS CASH & CASH EQUIVALENTS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 400,619.84 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 TOTAL CASH & CASH EQUIVALENTS 400,619.84 INVESTMENTS 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 TOTAL INVESTMENTS 0.00 ACCOUNTS RECEIVABLE 1000-11517 ACCTS REC - SALES TAX 0.00 TOTAL ACCOUNTS RECEIVABLE 0.00 INTERGOVERNMENTAL RECEIV 1000-12996 LOAN REC - JACOBY 147,648.48 TOTAL INTERGOVERNMENTAL RECEIV 147,648.48 INVENTORIES 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 1,934,160.48 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 TOTAL INVENTORIES 1,934,160.48 PREPAID ITEMS 1000-14310 PREPAID EXPENSES 59,956.56 1000-14410 DEFERRED CHARGE 50,000.00 TOTAL PREPAID ITEMS 109,956.56 2,592,385.36 TOTAL ASSETS 2,592,385.36 LIABILITIES PAYROLL DEDUCT. PAYABLE 2000-20110 FEDERAL INCOME TAX PAYABLE 841.27 2000-20111 MEDICARE PAYABLE 84.66 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE 349.83 2000-20117 TMRS PAYABLE ( 280.93) 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 362.11 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2-05-2007 11:50 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: DECEMBER 31ST, 2006 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY ( 222.11) 2000-20199 MISC PAYROLL PAYABLE 0.00 TOTAL PAYROLL DEDUCT. PAYABLE 1,134.85 ACCOUNTS PAYABLE 2000-20201 AP PENDING 2,862.51 2000-20210 ACCOUNTS PAYABLE 0.00 TOTAL ACCOUNTS PAYABLE 2,862.51 CONTRACTS PAYABLE 2000-20540 NOTES PAYABLE 1,293,553.93 TOTAL CONTRACTS PAYABLE 1,293,553.93 DEFERRED REVENUE 2000-22270 DEFERRED REVENUE 147,648.48 TOTAL DEFERRED REVENUE 147,648.48 TOTAL LIABILITIES 1,445,199.77 FUND BALANCE/EQUITY FUND BALANCE 3000-34590 FUND BALANCE-UNRESERV/UNDESI": 1,350,783.88 TOTAL FUND BALANCE 1,350,783.88 TOTAL BEGINNING EQUITY 1,350,783.88 TOTAL REVENUE 101,879.92 TOTAL EXPENDITURES 305,478.21 TOTAL SURPLUS/(DEFICIT) ( 203,598.29) TOTAL EQUITY & SURPLUS/(DEFICIT) 1,147,185.59 TOTAL LIABILITIES, EQUITY & SURPLUS/DEFICIT 2,592,385.36 Wylie Economic Development Corporation Balance Sheet Sub ledger December 31, 2006 Notes Payable Payment Principal Interest Principal Balance November 30, 2006 $1,257,897.26 December Inwood(#14 of 120) $11,067.99 $7,319.77 $3,748.22 $775,895.22 Birmingham(#34 of 60) 5,741.48 4,907.05 834.42 138,136.45 Hughes(#5 of 120) 3,774.70 2,116.50 1,658.19 329,522.26 December 31, 2006 $1,243,553.93 Wylie Economic Development Corporation Balance Sheet Subledger December 31, 2006 Inventory-Land Address Acreage Improvements(sq.ft.) Cost Basis McMasters 709 Cooper 0.48 n/a $202,045 Martinez Martinez Lane 25.00 n/a 639,000 Hughes 211 -212 Industrial 0.74 10,000 425,000 R.O.W. 0.18 41,585 Ferrell 2806 F.M. 544 1.09 6,500 239,372 Heath 706 Cooper 0.46 3,625 186,934 Perry 707 Cooper 0.491 4,800 200,224 Total 28.43 $1,934,160 WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF DECEMBER 2006 MONTH WEDC WEDC WEDC DIFF % DIFF 2005 2006 2007 06 VS 07 06 VS 07 DECEMBER $58,817 $74,957 $82,910 $7,953 10.61 JANUARY 58,034 74,764 FEBRUARY 96,492 110,794 MARCH 55,710 88,544 APRIL 58,530 67,714 MAY 92,311 113,042 JUNE 69,185 86,454 J U LY 69,448 89,148 AUGUST 98,067 122,188 SEPTEMBER 70,260 69,876 OCTOBER 53,819 78,861 NOVEMBER 104,937 122,383 Sub-Total $885,609 $1,098,726 $82,910 $7,953 10.61% AUDIT ADJ TOTAL $885,609 $1,098,726 $82,910 $7,953 10.61% WEDC SALES TAX ANALYSIS $140,000 $120,000 1 7, , ni`hI $80,000 1 ! 3 77 a .a I 020061 I 1111 ::::: I aNI I $20,000 If I 'H ■ i, 1I f U 4 N - Q 0 U j a w O Z w 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 02-27-07 Item Number: H Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 02-16-07 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2007. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2007. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on February 16, 2007. Approved By Initial Date Department Director o- 16 n5? 7 City Manager al�� Page 1 of 1 2-05-2007 12:02 PM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JANUARY 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,136,130.00 86,613.75 0.00 169,523.71 0.00 966,606.29 14.92 INTEREST INCOME 22,500.00 0.00 0.00 4,973.51 0.00 17,526.49 22.10 MISCELLANEOUS INCOME 63,840.00 5,932.15 0.00 19,928.60 0.00 43,911.40 31.22 TOTAL REVENUES 1,222,470.00 92,545.90 0.00 194,425.82 0.00 1,028,044.18 15.90 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,777,700.00 68,050.69 0.00 373,528.90 739.81 1,403,431.29 21.05 TOTAL EXPENDITURES 1,777,700.00 68,050.69 0.00 373,528.90 739.81 1,403,431.29 21.05 REVENUE OVER/(UNDER) EXPENDITURES ( 555,230.00) 24,495.21 0.00 ( 179,103.08) ( 739.81) ( 375,387.11) 32.39 2-05-2007 12:02 PM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JANUARY 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,136,130.00 86,613.75 0.00 169,523.71 0.00 966,606.29 14.92 TOTAL TAXES 1,136,130.00 86,613.75 0.00 169,523.71 0.00 966,606.29 14.92 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 22,500.00 0.00 0.00 4,973.51 0.00 17,526.49 22.10 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 22,500.00 0.00 0.00 4,973.51 0.00 17,526.49 22.10 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 63,840.00 5,932.15 0.00 19,928.60 0.00 43,911.40 31.22 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 63,840.00 5,932.15 0.00 19,928.60 0.00 43,911.40 31.22 TO..__ REVENUES 1,222,470.00 92,545.90 0.00 194,425.82 0.00 1,028,044.18 15.90 2-05-2007 12:02 PM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JANUARY 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DE' ^MENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 157,050.00 11,437.06 0.00 48,521.54 0.00 108,528.46 30.90 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 570.00 0.00 0.00 580.00 0.00 ( 10.00) 101.75 5611-51145 SICK LEAVE BUYBACK 1,710.00 0.00 0.00 1,180.52 0.00 529.48 69.04 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 8,400.00 646.16 0.00 2,746.18 0.00 5,653.82 32.69 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 14,930.00 537.70 0.00 4,125.96 0.00 10,804.04 27.64 5611-51410 HOSPITAL & LIFE INSURANCE 14,340.00 2,716.23 0.00 5,476.03 0.00 8,863.97 38.19 5611-51420 LONG-TERM DISABILITY 880.00 34.70 0.00 173.50 0.00 706.50 19.72 5611-51440 FICA 10,400.00 724.22 0.00 1,342.73 0.00 9,057.27 12.91 5611-51450 MEDICARE 2,430.00 169.36 0.00 660.26 0.00 1,769.74 27.17 5611-51470 WORKERS COMP PREMIUM 850.00 0.00 0.00 ( 8.42) 0.00 858.42 0.99- 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 212,100.00 16,265.43 0.00 64,798.30 0.00 147,301.70 30.55 SUPPLIES 5611-52010 OFFICE SUPPLIES 7,000.00 139.21 0.00 1,579.19 0.00 5,420.81 22.56 5f '040 POSTAGE 1,720.00 216.00 0.00 220.38 0.00 1,499.62 12.81 56,_ .,2130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 3,200.00 23.69 0.00 602.10 220.50 2,377.40 25.71 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 11,920.00 378.90 0.00 2,401.67 220.50 9,297.83 22.00 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 1,310.00 0.00 1,690.00 43.67 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 1,310.00 0.00 1,690.00 43.67 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 485,110.00 0.00 0.00 60,125.00 0.00 424,985.00 12.39 5611-56040 SPECIAL SERVICES 124,950.00 15,150.00 0.00 61,647.79 12.15 63,290.06 49.35 5611-56080 ADVERTISING 50,500.00 13,497.90 0.00 21,472.90 0.00 29,027.10 42.52 5611-56090 COMMUNITY DEVELOPMENT 51,500.00 0.00 0.00 20,805.08 0.00 30,694.92 40.40 5611-56110 COMMUNICATIONS 6,020.00 521.85 0.00 1,448.97 187.82 ' 4,383.21 27.19 5611-56180 RENTAL 17,100.00 1,284.35 0.00 6,290.90 319.34 10,489.76 38.66 5611-56210 TRAVEL AND TRAINING 31,350.00 126.66 0.00 2,993.06 0.00 28,356.94 9.55 5611-56250 DUES & SUBSCRIPTIONS 6,380.00 0.00 0.00 1,500.00 0.00 4,880.00 23.51 5611-56310 INSURANCE 2,500.00 0.00 0.00 0.00 0.00 2,500.00 0.00 5611-56510 AUDIT AND LEGAL SERVICES 12,500.00 276.50 0.00 304.50 0.00 12,195.50 2.44 5611-56570 ENGINEERING - ARCHITECT SVC 67,950.00 0.00 0.00 2,370.76 0.00 65,579.24 3.49 5611-56610 UTILITIES - ELECTRIC 3,000.00 0.00 0.00 808.01 0.00 2,191.99 26.93 T^ AL CONTRACTUAL SERVICES 858,860.00 30,857.26 0.00 179,766.97 519.31 678,573.72 20.99 2-05-2007 12:02 PM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JANUARY 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEBTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 294,250.00 20,549.10 0.00 88,157.68 0.00 206,092.32 29.96 TOTAL DEBT SERVICE & CAP. REPL 294,250.00 20,549.10 0.00 88,157.68 0.00 206,092.32 29.96 CAPITAL OUTLAY 5611-58110 LAND 205,000.00 0.00 0.00 0.00 0.00 205,000.00 0.00 5611-58120 DEVELOPMENT FEES 25,000.00 0.00 0.00 0.00 0.00 25,000.00 0.00 5611-58210 STREETS & ALLEYS 150,070.00 0.00 0.00 27,976.82 0.00 122,093.18 18.64 5611-58810 COMPUTER HARD/SOFTWARE 1,500.00 0.00 0.00 0.00 0.00 1,500.00 0.00 5611-58830 FURNITURE & FIXTURES 10,000.00 0.00 0.00 4,117.46 0.00 5,882.54 41.17 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 391,570.00 0.00 0.00 32,094.28 0.00 359,475.72 8.20 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 6,000.00 0.00 0.00 5,000.00 0.00 1,000.00 83.33 TOTAL OTHER FINANCING (USES) 6,000.00 0.00 0.00 5,000.00 0.00 1,000.00 83.33 TOTAL DEVELOPMENT CORP-WEDC 1,777,700.00 68,050.69 0.00 373,528.90 739.81 1,403,431.29 21.05 TC 'XPENDITURES 1,777,700.00 68,050.69 0.00 373,528.90 739.81 1,403,431.29 21.05 REVENUE OVER (UNDER) EXPENDITURES ( 555,230.00) 24,495.21 0.00 ( 179,103.08) ( 739.81) ( 375,387.11) 32.39 *** END OF REPORT *** 2-05-2007 12:05 PM DETAIL LISTING PAGE: 1 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: Jan-2007 THRU Jan-2007 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 DATE POST TRAN # REFERENCE PACKET DESCRIPTION VEND INV/JE # NOTE AMOUNT==== ====BALANCE==== . 5611-52010 OFFICE SUPPLIES BEGINNING BALANCE 1,439.98 1/11/07 1/11 A77138 CHK: 020591 08160 INVOICE #14630 000392 14630 126.77 1,566.75 1/19/07 1/19 A77919 CHK: 020779 08329 DEC06 AMEX BILL 000035 87002 DEC06 12.44 1,579.19 JANUARY ACTIVITY DB: 139.21 CR: 0.00 139.21 5611-52040 POSTAGE BEGINNING BALAN C E 4.38 1/05/07 1/05 A76721 CHK: 020515 08062 COURIER SERVICE 000567 161414 28.00 32.38 1/05/07 1/05 A76722 CHK: 020515 08062 COURIER SERVICE 000567 161733 28.00 60.38 1/05/07 1/05 A76723 CHK: 020515 08062 COURIER SERVICE 000567 162529 30.00 90.38 1/05/07 1/05 A76724 CHK: 020515 08062 COURIER SERVICE 000567 165577 28.00 118.38 1/05/07 1/05 A76725 CHK: 020515 08062 COURIER SERVICE 000567 178905 30.00 148.38 1/05/07 1/05 A76726 CHK: 020515 08062 COURIER SERVICE 000567 178985 30.00 178.38 1/11/07 1/11 A77151 CHK: 020585 08160 NOV06 COURIER FEES 002174 113006 42.00 220.38 JANUARY ACTIVITY DB: 216.00 CR: 0.00 216.00 5611-52130 TOOLS & EQUIPMENT BEGINNING BALANCE 0.00 5611-52160 TOOLS/EQUIP- 8100-5999.99 w�. BEGINNING B A LAN C E 0.00 5611-52810 FOOD SUPPLIES BEGINNING BALAN C E 578.41 1/03/07 1/03 A76342 CHK: 020439 08016 REIMBURS-REFRESH BRD MEE 000317 122106 23.69 602.10 JANUARY ACTIVITY DB: 23.69 CR: 0.00 23.69 5611-52990 OTHER BEGINNING B A LAN C E 0.00 5611-54630 TOOLS & EQUIPMENT BEGINNING BALAN C E 0.00 2-05-2007 12:05 PM DETAIL LISTING PAGE: 2 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: Jan-2007 THRU Jan-2007 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 DATE POST TRAN # REFERENCE PACKET DESCRIPTION VEND INV/JE # NOTE AMOUNT==== ====BALANCE==== -"-- 5611-54810 COMPUTER HARD/SOFTWARE BEGINNING BALANCE 1,310.00 5611-54990 OTHER BEGINNING B A LAN C E 0.00 5611-56030 INCENTIVES BEGINNING BALANCE 60,125.00 5611-56040 SPECIAL SERVICES BEGINNING BALAN C E 46,497.79 1/11/07 1/11 A77150 CHK: 020584 08160 INSTALL COLOR 002170 1645 150.00 46,647.79 1/12/07 1/12 A77421 CHK: 020647 08198 07-514 CONSULTING FEE 002109 07-514 15,000.00 61,647.79 JANUARY ACTIVITY DB: 15,150.00 CR: 0.00 15,150.00 5611-56080 ADVERTISING BEGINNING BALAN C E 7,975.00 1/04/07 1/04 A76422 CHK: 020447 08024 24715 2006 4-PAGE SPREAD 000856 24715 5,000.00 12,975.00 1/12/07 1/12 A77418 CHK: 020637 08198 611727 8648 POSTERS 2006 001336 611727 8,197.90 21,172.90 1/12/07 1/12 A77281 CHK: 020604 08177 ADVERTISE DESIGN/REFORMA 002098 005 010307 300.00 21,472.90 * JANUARY ACTIVITY DB: 13,497.90 CR: 0.00 13,497.90 5611-56090 COMMUNITY DEVELOPMENT BEGINNING BALAN C E 20,805.08 5611-56110 COMMUNICATIONS BEGINNING BALANCE 927.12 1/04/07 1/04 A76503 CHK: 020465 08035 CELL PHONE CHARGES 000298 000199891 DEC 216.93 1,144.05 1/19/07 1/19 A77763 CHK: 020750 08314 CELL PHONE BILL 000298 199891 DEC 209.92 1,353.97 1/30/07 1/30 A78488 CHK: 020872 08492 WEDC INTERNET-TIME WARNE 002052 0190169 JAN07 95.00 1,448.97 JANUARY ACTIVITY DB: 521.85 CR: 0.00 521.85 2-05-2007 12:05 PM DETAIL LISTING PAGE: 3 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: Jan-2007 THRU Jan-2007 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 DATE POST TRAN # REFERENCE PACKET DESCRIPTION VEND INV/JE # NOTE AMOUNT==== ====BALANCE==== 5611-56180 RENTAL BEGINNING B A LAN C E 5,006.55 1/03/07 1/03 A76363 CHK: 020443 08016 LEASE PAY 12/13-01/13 002075 6745015110 DEC 319.34 5,325.89 1/23/07 1/23 A78002 CHK: 020784 08389 11907 FEB07 002050 11907 FEBO7 900.00 6,225.89 1/24/07 1/24 A78072 CHK: 020790 08399 COPIER DEC12-JAN12 002051 096860 DEC12-JAN12 29.09 6,254.98 1/24/07 1/24 A78073 CHK: 020790 08399 COLOR COPIES 002051 096865 DEC12-JAN12 35.92 6,290.90 JANUARY ACTIVITY DB: 1,284.35 CR: 0.00 1,284.35 5611-56210 TRAVEL AND TRAINING BEGINNING B A LAN C E 2,866.40 1/19/07 1/19 A77919 CHK: 020779 08329 DEC06 AMEX BILL 000035 87002 DEC06 126.66 2,993.06 JANUARY ACTIVITY DB: 126.66 CR: 0.00 126.66 5611-56220 PROFESSIONAL TRAINING BEGINNING BALANCE 0.00 5611-56250 DUES & SUBSCRIPTIONS BEGINNING BALANCE 1,500.00 5611-56310 INSURANCE BEGINNING B A LAN C E 0.00 5611-56510 AUDIT AND LEGAL SERVICES BEGINNING BALAN C E 28.00 1/19/07 1/19 A77841 CHK: 020762 08326 ATTORNEY FEES - ABERNATH 000023 36 2793-00O1M 276.50 304.50 JANUARY ACTIVITY DB: 276.50 CR: 0.00 276.50 5611-56570 ENGINEERING - ARCHITECT SVCS BEGINNING B A LAN C E 2,370.76 5611-56610 UTILITIES - ELECTRIC BEGINNING B A LAN C E 808.01 2-05-2007 12:05 PM DETAIL LISTING PAGE: 4 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: Jan-2007 THRU Jan-2007 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 DATE POST TRAN # REFERENCE PACKET DESCRIPTION VEND INV/JE # NOTE AMOUNT==== ====BALANCE==== 5611-57110 DEBT SERVICE BEGINNING BALANCE 67,608.58 1/18/07 1/18 A77710 CHK: 020682 08303 PAY #6 FEB07 002048 PAY #6 FEB07 3,774.70 71,383.28 1/23/07 1/23 A77999 CHK: 020785 08389 PAY #35 FEB07 000891 PAY #35 FEB07 5,741.48 77,124.76 1/23/07 1/23 A78001 CHK: 020787 08389 104015301 JAN26 PAYMENT 001792 104015301 JAN26 11,032.92 88,157.68 JANUARY ACTIVITY DB: 20,549.10 CR: 0.00 20,549.10 5611-58110 LAND BEGINNING BALANCE 0.00 5611-58120 DEVELOPMENT FEES BEGINNING B A LAN C E 0.00 5611-58210 STREETS & ALLEYS BEGINNING BALAN C E 27,976.82 5611-58810 COMPUTER HARD/SOFTWARE BEGINNING B A LAN C E 0.00 5611-58830 FURNITURE & FIXTURES BEGINNING BALANCE 4,117.46 * * * * * * * * * * * * * 000 ERRORS IN THIS REPORT! * * * * * * * * * * * * * * ** REPORT TOTALS ** --- DEBITS --- --- CREDITS --- BEGINNING BALANCES: 251,945.34 0.00 REPORTED ACTIVITY: 51,785.26 0.00 ENDING BALANCES: 303,730.60 0.00 2-05-2007 11:56 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: JANUARY 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP CCOUNT# TITLE ASSETS CASH & CASH EQUIVALENTS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 424,222.17 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 TOTAL CASH & CASH EQUIVALENTS 424,222.17 INVESTMENTS 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 TOTAL INVESTMENTS 0.00 ACCOUNTS RECEIVABLE 1000-11517 ACCTS REC - SALES TAX 0.00 TOTAL ACCOUNTS RECEIVABLE 0.00 INTERGOVERNMENTAL RECEIV 1000-12996 LOAN REC - JACOBY 147,648.48 TOTAL INTERGOVERNMENTAL RECEIV 147,648.48 INVENTORIES 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1C 116 INVENTORY - LAND 1,934,160.48 10i, _4118 INVENTORY - BAYCO - SANDEN BLV 0.00 TOTAL INVENTORIES 1,934,160.48 PREPAID ITEMS 1000-14310 PREPAID EXPENSES 59,956.56 1000-14410 DEFERRED CHARGE 50,000.00 TOTAL PREPAID ITEMS 109,956.56 2,615,987.69 TOTAL ASSETS 2,615,987.69 LIABILITIES PAYROLL DEDUCT. PAYABLE 2000-20110 FEDERAL INCOME TAX PAYABLE 841.27 2000-20111 MEDICARE PAYABLE 84.68 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE ( 12.67) 2000-20117 TMRS PAYABLE 141.98 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 20Q01.20120 FICA PAYABLE 362.11 2C 121 TEC PAYABLE 0.00 200U-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2-05-2007 11:56 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: JANUARY 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP ,. ACCOUNT# TITLE 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY ( 234.11) 2000-20199 MISC PAYROLL PAYABLE 0.00 TOTAL PAYROLL DEDUCT. PAYABLE 1,183.26 ACCOUNTS PAYABLE 2000-20201 AP PENDING 1,921.22 2000-20210 ACCOUNTS PAYABLE 0.00 TOTAL ACCOUNTS PAYABLE 1,921.22 CONTRACTS PAYABLE 2000-20540 NOTES PAYABLE 1,279,171.39 TOTAL CONTRACTS PAYABLE 1,279,171.39 DEFERRED REVENUE 2000-22270 DEFERRED REVENUE 147,648.48 TOTAL DEFERRED REVENUE 147,648.48 TOTAL LIABILITIES 1,429,924.35 FUND BALANCE/EQUITY \LANCE 30. 4590 FUND BALANCE-UNRESERV/UNDESIG 1,365,166.42 TOTAL FUND BALANCE 1,365,166.42 TOTAL BEGINNING EQUITY 1,365,166.42 TOTAL REVENUE 194,425.82 TOTAL EXPENDITURES 373,528.90 TOTAL SURPLUS/(DEFICIT) ) 179,103.08) TOTAL EQUITY & SURPLUS/(DEFICIT) 1,186,063.34 TOTAL LIABILITIES, EQUITY & SURPLUS/DEFICIT 2,615,987.69 Wylie inomic Development Corporation Balance Sheet Sub ledger January 31, 2007 Notes Payable Payment Principal Interest Principal Balance December 31, 2006 $1,243,553.94 January Inwood(#15 of 120) $11,032.92 $7,319.77 $3,713.15 $768,575.45 Birmingham(#35 of 60) 5,741.48 4,935.68 805.80 133,200.77 Hughes(#6 of 120) 3,774.70 2,127.09 1,647.61 327,395.17 January 31, 2007 $1,229,171.39 WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF JANUARY 2007 MONTH WEDC WEDC WEDC DIFF % DIFF 2005 2006 2007 06 VS 07 06 VS 07 DECEMBER $58,817 $74,957 $82,910 $7,953 10.61% JANUARY 58,034 74,764 86,614 11,849 15.85% FEBRUARY 96,492 110,794 MARCH 55,710 88,544 APRIL 58,530 67,714 MAY 92,311 113,042 JUNE 69,185 86,454 JULY 69,448 89,148 AUGUST 98,067 122,188 SEPTEMBER 70,260 69,876 OCTOBER 53,819 78,861 NOVEMBER 104,937 122,383 Sub-Total $885,609 $1,098,726 $169,524 $19,803 13.23% AUDIT ADJ TOTAL $885,609 $1,098,726 $169,524 $19,803 13.23% WEDC SALES TAX ANALYSIS $140,000 $120,000 r I $100,000 �; ::::: 1s r u f: t* I ar< � # 'I I IEIM ■2007 $40,000 ,.II ! 1 11 I I 1 i 6' 1 $20,000 I 1 l I $0 1 ' Iii, j �'cli� CD 0 2 ¢ - 0 Q a 0 0 � Z a Wylie Economic Development Corporation Balance Sheet Subledger January 31, 2007 Inventory- Land Address Acreage Improvements (sq.ft.) Cost Basis McMasters 709 Cooper 0.48 n/a $202,045 Martinez Martinez Lane 25.00 n/a 639,000 Hughes 211 -212 Industrial 0.74 10,000 425,000 R.O.W. 0.18 41,585 Ferrell 2806 F.M. 544 1.09 6,500 239,372 Heath 706 Cooper 0.46 3,625 186,934 Perry 707 Cooper 0.491 4,800 200,224 Total 28.43 $1,934,160 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 27, 2007 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Charles Lee Account Code: Date Prepared: 02/07/07 Budgeted Amount: Exhibits: 3 Subject Hold a Public Hearing and consider, and act upon, amending the zoning from Neighborhood Services (NS) to Light Industrial (LI) District, generally located north of Brown Street and approximately 390 feet east of Eubanks Lane. Zoning Case 2007-01 Recommendation Motion to approve amending the zoning from Neighborhood Services (NS) to Light Industrial (LI) District, generally located north of Brown Street and east of Eubanks Lane. Zoning Case 2007-01 Discussion Owner: Mr. Larry Nelson Applicant: Landmark Brick The applicant is requesting to rezone the property to allow for industrial warehouse and open storage uses. The 4.6 acre lot has been platted since 1986 as Wyndham Estates Phase 3, Lot 24 and was originally zoned Industrial District. However, with the city-wide zoning in 2001, the property was rezoned to NS. Properties to the north and west are zoned LI and are currently being used for light industrial uses. The Comprehensive Land Use Plan recommends Light Industrial zoning on subject property as well as abutting properties to the north and west. Abutting property to the west of this request was recently rezoned from NS to LI (Zoning Case 2006-12); P&Z Commission subsequently approved a site plan for Verizon Warehouse &Reporting Center. Vacant property to the east is zoned for multi-family uses. Properties south of Brown Street are zoned NS and SF-10/24 and are partially developed for single family residential uses and future site for City of Wylie Fire Station. CONSIDERATIONS: 1. The surrounding zoning and land uses is compatible with the request for LI District. 2. The request for LI zoning is consistent with the Comprehensive Land Use Plan. 3. The future operation will be located on a small lot within the Wyndham Estates Subdivision, accommodating a less-intensive warehousing and distribution of products while providing employment and generating public revenues. Page 1 of 2 Page 2 of 2 BOARD COMMISSION RECOMMENDATION: At the February 06, 2007 Planning & Zoning Commission meeting, the Commission voted 6-0 to recommend approval of Zoning Case 2007-01. Notification/Responses: Twenty-three (23) notifications were mailed, with one written response in favoring the request and two opposing at the time of posting. Approved By Initial Date Department Director RO 2/7/07 City Manager //1 ` 431107 I I . ,_ : r,. 1 ,Jl( Subject f �,r. i—L i property ( „ 4 1 / T I1i e\ ttt 7g tote Hi hwo o• stot 1---A i- - -.., N / 1 1 I ilk , ,A11111.11111111 gig ill' I. IPd1 E.. ., ,_______________i 414=q4401111iiiiiiiiillemalmil /\-\ min I nommmu►it:' 111�iiirAiiii* , III 1 ( flit i i �i Illllllllllltlll me z::T.P1----1 war pm • .� in.ilirati it k , J :S ' 1 - . iim:11 I �Ii1/1 --rim ir*/ dm INT. "hit& uniir Ili— \-\ , ,-771....1r - . .lsiolin �.glOi � /ll�iN�1 I - -------------- ..11: , iJeer AgaiNgiiiit , —�-- � aw t •. ir• .l�. �� i NM f _it ____. p*. , ...,... ____ ..,..,..ti .41i. 4lii .."-- / [ ir: 1 ! i 1 I .l I I I II �� 1 i y nun. I — _ - LOCATION MAP ZONING CASE #2007-01 NOTIFICATION REPORT APPLICANT: Paul Corley with Landmark Brick APPLICATION FILE #2007-01 129 N. Murphy Road Murphy, Texas 75094 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-Paul Corley 129 N. Murphy Road 1 Landmark Brick Murphy,Texas 75094 Wyndham Estates#2 1100 Old Knoll Drive 2 81k G Lot 21 I R-2084-00G-0210-1 Molly Netsler Wylie,Texas 75098 Wyndham Estates#2 6512 Wrenwood Drive 3 Blk G 22 I R-2084-00G-0220-1 Windell Moore Dallas,Texas 75252 Wyndham Estates#2 203 Yorkshire Lane 4 Blk G 23 I R-2084.00G-0230-1 Patrick Welch Wylie, Texas 75098 Wyndham Estates#2 205 Yorkshire Lane 5 Blk G 24 r R-2084-00G-0240-1 David Shelhorse Wylie,Texas 75098 Wyndham Estates#2 207 Yorkshire Lane 6 81k G 25 I R-2084-00G-0250-1 Leo Murray Wylie, Texas 75098 Wyndham Estates#3 PO Box 519 7 --- Lot 4 I R-2057-000-0040-1 Arthur Criscuolo Wylie,Texas 75098 Wyndham Estates#3 PO Box 1132 8 — 6R f R-2057-000-006R-1 Tommy Pulliam Wylie,Texas 75098 Wyndham Estates#3 PO Box 1132 9 --- 8R I R-2057-000-008R-1 Tommy Pulliam Wylie,Texas 75098 'Wyndham Estates#3 304 N Yale Blvd 10 --- 19 I R-2057-000-017A-1 Jerry Randack III Richardson,Texas 75081 Wyndham Estates#3 PO Box 1956 11 — 20 I R-2057-000-0200-1 Artex Electric, Inc. Wylie,Texas 75098 Wyndham Estates#3 PO'Box 1956 12 --- 21 R-2057-000-0210-1 Artex Electric, Inc. Wylie,Texas 75098 Wyndham Estates#3 507 Horizon Court 13 — 22 I R-2057-000-0220-1 Randy Glenn Murphy,Texas 75094 Wyndham Estates#3 507 Horizon Court 14 --- 23 I R-2057-000-0230-1 Randy Glenn Murphy,Texas 75094 Wyndham Estates#3 2709 Pinewood Drive 15 --- 24 ( R-2057-000-0240-1 Larry Nelson Garland,Texas 75044 Wyndham Estates#3 PO Box 451356 16 --- 25 I R-2057-000-0250-1 Squire&Associates, LP Garland,Texas 75045 Wyndham Estates#3 PO Box 451356 17 --- 26R I R-2057-000-026R-1 Squire&Associates, LP Garland, Texas 75045 Wyndham Estates#3 1010 Squire Drive O 18 --- 28R [ R-2057-000-028R-1 RushIn Truss, Ltd. Wylie,Texas 75098 Wyndham Estates#3 5949 Sherry Lane#1225 - 19 --- 34 R-2057-000-0340-1 Cinnamon Teal, LLC Dallas,Texas 75225 Wyndham Meadows 1600 E.Greenwood Drive 20 BIk A Lot 18A R-8298-00A-018A-1 Paul Demetriou Mount Prospect,IL 60056 Wyndham Meadows 1600 E. Greenwood Drive 21 B1k A 18B R-8298-00A-018E-1 Paul Demetriou Mount Prospect, IL 60056 Wyndham Meadows 1 600 E.Greenwood Drive 22 BIk A 19A R-8298-00A-019A-1 Paul Demetriou Mount Prospect, IL 60056 Wyndham Meadows 1600 E.Greenwood Drive 23 BIk A 19B ; R-8298-00A-019E-1 Paul Demetriou Mount Prospect, IL 60056 Wyndham Meadows 4108 Clear Creek Drive 24 BIk A 20 R-8298-00A-0200-1 Hal Nguyen Plano,Texas 75074 Oak Meadow 211 N. Rolling Meadows Drive 25 Blk A Lot 1 R-4290-00A-0010-1 Gloria Crowe Wylie,Texas 75098 Oak Meadow 209 N. Rolling Meadows Drive 26 BIk A Lot 2 R-4290-00A-0020-1 Tiffany Markward Wylie,Texas 75098 Oak Meadow 210 N. Rolling Meadow Drive 27 B1k B Lot 1 , R-4290-00B-0010-1 Stephen Weaver Wylie,Texas 75098 Oak Meadow 208 N. Rolling Meadows Drive 28_ BIk B Lot 2 R-4290-00B-0020-1 Shonda Jones Wylie, Texas 75098 Oak Meadow 209 Windy Knoll Lane 29 BIk B Lot 25 R-4290-00B-0010-1 Jason Can Wylie, Texas 75098 Oak Meadow 211 Windy Knoll Lane X 30 BIk B Lot 26 R-4290-00B-0010-1 Mohammad Hussain Wylie,Texas 75098 Oak Meadow 210 Windy Knoll Lane 31 Bik C Lot 1 R-4290-00C-0010-1 Walter Parker Wylie,Texas 75098 Eastridge 2000 Highway 78 North 32 BIk A Lot 1 R-2114-00A-0010-1 City of Wylie Wylie,Texas 75098 33 34 35 36 37 38 26 n W 10 16 2 9lig BR U 1JA - 1oi. f ,,,,, ff i al:�T S. frt 17� cn �� ��I V� I r �` { i�tii1 ��'��� � 1 28R ! �` I`"' 1 _ `.jE -- 3�c'?, 1 20 19 Y Iioh" i , "- . d � 1 e .JYY/ Y.�I � . ,. i ..+tares 3 34 f ' i r ijr r ; WYn t £ 1 !I "° ' 13Y � J i ; � L) �y K i ) ) C e ' Y 5x�, r � a K E. ,i"4Vt1/,5t 9itcC yk-r1 , �; . 1 ® I l , t ' 1' 26 1 :;mow � ��.��.r 2• �� 2 25 2 tsk"ridose 3 iiiii �II'r/ I"'I� 3 � 3 24 Q.) 3 C �4 4 � � � 4 23 a 4 Jiiiiirj: . 5 5 22 5 22 -- 5 Argh A , 16 6 Q) 6 27 6© 21 611J. 1 I << -Zoo OWNER NOTIEIGATION MAP �� A Cli�1$� x 5 ZONING CASE #2007-01 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached tacked public notice for Zoning Case / #2007-01. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2007-01. Date,Location&.Time of Planning&Zoning Commission meeting: Tuesday,February 6,2007,.7:00 pm Municipal.Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,February 27,2007,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 'lUSli/)7615S LTD ge-14W ST, nibt1 (please print) Address: /WO S6Z.L.1 u&[T I)R f (n1SUE 7.5°qg/ / i._ - Signature: . :. Date: 0547 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case / ##2007-01. V I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2007-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,.February 6,2007,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,February 27,2007,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: Mol an3 1 J , laSS Q t`t'/ (please print) Address: a cJJ k'j p/' Ian e Signature: M'4,+ ~.0i Date: /'c1 ,2 COMMENTS: Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 27, 2007 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Charles Lee Account Code: Date Prepared: 02/07/07 Budgeted Amount: Exhibits: Ordinance Subject Hold a Public Hearing and consider, and act upon, Ordinance No. 2007-04 amending the City of Wylie Zoning Ordinance No. 2006-04, Article 5 (Use Regulations), Section 5.1 (Land Use Charts), Subsection I (Wholesale, Distribution & Storage) and Section 5.2 (Listed Uses), Subsection I (Wholesale, Distribution & Storage) to establish regulations governing the location of Mini-warehouse (Self-Storage)uses throughout the City. Recommendation Motion to approve Ordinance No. 2007-04 amending the City of Wylie Zoning Ordinance No. 2006-04, Article 5 (Use Regulations), Section 5.1 (Land Use Charts), Subsection I (Wholesale, Distribution & Storage) and Section 5.2 (Listed Uses), Subsection I (Wholesale, Distribution & Storage) to establish regulations governing the location of Mini-warehouse (Self-Storage)uses throughout the City. Discussion Applicant: City of Wylie Staff was directed by the Planning & Zoning Commission to pursue amending the regulation of Mini- warehouse uses throughout the City. (Nov.7, 2006) The current ordinance allows the use by right within Commercial Corridor (CC) District, Light Industrial (LI), and with a Special Use Permit (SUP) within the Community Retail (CR) District. The proposed amendment will continue to allow the use by right within LI, allow by right in HI, allow with an SUP in CC and prohibit the use within CR District. The Comprehensive Plan's Land Use Philosophy designates three types of commercial categories defined by their primary service function (NS, CR, & CC). Mini-warehouse uses do not fit into any of the commercial categories as defined by the Zoning Ordinance. NS & CR Districts are intended to provide goods and services to accommodate adjacent neighborhoods, generally located along major thoroughfares and at the corner of 4- way intersections. The demand of developers to locate mini-warehouse and public storage facilities near residential properties (NS & CR Districts) is inconsistent with the City's Land Use Philosophy, therefore Commission & staff recommends this use be prohibited from those districts. BOARD COMMISSION RECOMMENDATION: At the February 06, 2007 Planning & Zoning Commission meeting, the Commission voted 6-0 to recommend approval of this amendment to Article 5. Page 1 of 2 Page 2 of 2 Residential Districts PERMITTED Non-Residential Districts Low-Density Medium-Density High-Density USES Commercial Industrial Hist. Residential Residential Residential AG/30 SF-IN SF-20/26 SF-10/24 TH MF MH I. WHOLESALE, NS CR CC L I H I DTH 30 DISTRIBUTION &STORAGE 1. Auto Auction S 2. Contractor's p* p p Maintenance Yard 3. Freight Terminal p 4. Landfill S 5. Livestock Auction S Pens or Sheds 6. Mini-warehouse S S P P p (Self-storage) 7. Office S P P P* Showroom/Wareh ouse 8. Outside Storage p p 9. Recycling S S S P Collection Center 10. Warehouse/ S p Distribution Center P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Therefore P&Z Commission and staff is recommending that Section I.6 Mini-warehouse (Self-storage) be amended as follows: prohibited within the CR District, allowed with an SUP within the CC District and allowed by right within the LI and HI Districts. Text Amendments are only required to be notified 15 days prior to the public hearing in the official newspaper of the City. This requirement has been met. Approved By Initial Date Department Director RO 2/7/07 City Manager ,' ( 10J ORDINANCE NO. 2007-04 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ARTICLE 5 (USE REGULATIONS) SECTION 5.1 (LAND USE CHARTS), SUBSECTION I (WHOLESALE, DISTRIBUTION & STORAGE) AND SECTION 5.2 (LISTED USES), SUBSECTION I (WHOLESALE, DISTRIBUTION & STORAGE) OF THE ZONING ORDINANCE ADOPTED AS ORDINANCE NO. 2006-04 PASSED AND APPROVED ON THE 24TH DAY OF JANUARY 2006, TOGETHER WITH ALL AMENDMENTS THERETO; TO ESTABLISH REGULATIONS GOVERNING THE LOCATION OF MINI-WAREHOUSE (SELF-STORAGE); 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 HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the Zoning Ordinance No. 2006-04, Article 5 (Use Regulations), of the City of Wylie, Texas ("Wylie"), should be amended to regulate the location of mini-warehouse (self-storage); and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Zoning Ordinance No. 2006-04, Article 5 (Use Regulations) as set forth below. 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 the Zoning Ordinance No. 2006-04, Article 5, Section 5.1(I) Wholesale, Distribution & Storage establishing regulations specifying the location of Mini-warehouse (Self-Storage). Article 5 (Use Regulations), Section 5.1 (Land Use Charts), Subsection I (Wholesale, Distribution & Storage) of Wylie's Zoning Ordinance No. 2006-04 is hereby amended to regulate the location of mini-warehouse(self-storage), as follows: Ordinance No.2007-04 Amending Zoning Ordinance Mini-warehouse Regulations Page 1 Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium- High-Density Commercial Industrial Hist. Residential Density Residential Residential AG/3 SF- SF- SF-10/ TH MF MH I. WHOLESALE, NS CR CC L I H I DTH 0 1A/30 20/26 24 DISTRIBUTION & STORAGE 1. Auto Auction $ 2. Contractor's Maintenance P* P P Yard 3. Freight Terminal P 4. Landfill $ 5. Livestock Auction Pens or $ Sheds 6. Mini-warehouse(Self- SSP P storage) 7. Office S P P P* Showroom/Warehouse 8. Outside Storage PP 9. Recycling Collection SSSP Center 10. Warehouse/Distribution S P Center P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit SECTION 3: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2006-04, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. Ordinance No. 2007-04 Amending Zoning Ordinance Mini-warehouse Regulations Page 2 SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2006-04, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 27th day of February, 2007. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich City Secretary Date of publication in The Wylie News—March 6, 2007 Ordinance No.2007-04 Amending Zoning Ordinance Mini-warehouse Regulations Page 3 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 27, 2007 Item Number: 3 Department: Finance Department (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: February 13, 2007 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon Ordinance No. 2007-05 amending Ordinance No. 2006-58 by adding a convenience fee for on-line payments made through the City's website of $1.75 for residential and business customers, containing a severability clause and providing for an effective date. Recommendation Motion to approve Ordinance No. 2007-05 amending Ordinance No. 2006-58 by adding a convenience fee for on-line payments made through the City's website of$1.75 for residential and business customers, containing a severability clause and providing for an effective date. Discussion Under a separate agenda item, the finance department is asking for an approval of a contract with JP Morgan/Chase for an on-line payment portal to the City's website called Pay Connexion. The cost of this service to the city is free of any charges; however a $1.75 will be charged for each credit card or debit card transaction by a customer at time of sale. The current Ordinance No. 2006-58 authorizes a $3.00 convenience fee to be collected at the point of sale (utility billing desk, court cashier, etc. This will not change. We need to add the new convenience fees for on- line payments made through our website. These new convenience fees will cover all the cost associated with this application. Approved By Initial Date Department Director LW 2/13/07 City Manager 10 v i, oZ /w/o'y Page 1 of 1 ORDINANCE NO. 2007-05 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NUMBER 2006-58, BY ADDING A CONVENIENCE FEE FOR ON-LINE PAYMENTS MADE THROUGH THE CITY'S WEBSITE OF $1.75 FOR RESIDENTIAL AND BUSINESS CUSTOMERS, CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has had many requests from residents asking for the ability to pay for city services on- line with credit/debit cards, WHEREAS,the City believes that offering this service is good for Wylie citizens wishing to pay for city services on-line, WHEREAS, the City believes that a convenience fee should be charged to offset the cost of providing this service to city residents wishing to pay for city services on-line, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2006-58 is hereby amended to read as follows: (a) A convenience fee of$3.00 per transaction will be collected at the point of sale for those persons wishing to use a credit/debit card to purchase city services. (b) That a convenience fee per transaction of$1.75 for residential customers and business customers be collected at the time of sale for those persons wishing to use credit/debit card to purchase city services on-line through the city's website SECTION 3: Savings/Repealing Clause. Wylie Ordinance No. 2006-58, shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Ordinance No.2007-05 Amending Convenience Fee Ordinance SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this 27th day of February, 2007. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—March 6,2007 Ordinance No.2007-05 Amending Convenience Fee Ordinance Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 27, 2007 Item Number: 4 Department: Finance (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: February 12, 2007 Budgeted Amount: Resolution; Form of Notice, Exhibits: Timetable, Project Memo Subject Consider, and act upon, all matters incident and related to approving and authorizing publication of notice of intention to issue Certificates of Obligations, including the adoption of Resolution No. 2007-10(R) pertaining thereto. Recommendation Motion to approve all matters incident and related to approving and authorizing publication of notice of intention to issue Certificates of Obligations, including the adoption of Resolution No. 2007-10(R) pertaining thereto. Discussion The City approved a 5 year Capital Improvement Plan (CIP) for water and sewer projects and identified them as being funded with Certificates of Obligations. The Debt Service for these projects was included in the City's Water Rate Study. This resolution authorizes a notice to be published of the City Council's intention to issue Certificates of Obligation in an amount not to exceed $7,750,000; to be paid from water & sewer revenues and water and sewer impact fees. The proceeds will be used to finance the projects outlined in the attached memo from Birkhoff, Hendricks & Conway LLP. Approved By Initial Date Department Director LW 2/12/07 City Manager MV' 4023/07 Page 1 of 1 RESOLUTION NO. 2007-10(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. WHEREAS, the City Council of the City of Wylie, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271 (the "Act"), for the purpose of paying contractual obligations to be incurred for the construction of public works, to wit: improvements and extensions to the City's combined Waterworks and Sewer System, and to pay contractual obligations for professional services rendered in relation to such projects and the financing thereof; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation in one or more series during a meeting scheduled to begin at 6:00 o'clock P.M. on the 27th day of March, 2007, which certificates of obligation shall be issued in a principal amount not to exceed $7,500,000 for the purpose of paying contractual obligations to be incurred for the construction of public works, to wit: improvements and extensions to the City's combined Waterworks and Sewer System, and to pay contractual obligations for professional services rendered in relation to such projects and the financing thereof; and shall be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2: The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 3: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. Resolution No.2007-10(R) Publication and Notice of Intent To Issue Certifications of Obligation SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. DULY PASSED AND ADOPTED by the City Council of the City of Wylie, Texas, this 27th date of February 2007. John Mondy, Mayor ATTEST: Carole Erhlich, City Secretary Resolution No.2007-10(R) Publication and Notice of Intent To Issue Certifications of Obligation EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF WYLIE, TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Wylie, Texas, shall convene at 6:00 o'clock P.M. on the 27th day of March, 2007, at the Wylie Municipal Complex, 2000 State Highway 78 North, Wylie Texas, and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in one or more series in an amount not to exceed $7,500,000 for the purpose of paying contractual obligations to be incurred for the construction of public works, to wit: improvements and extensions to the City's combined Waterworks and Sewer System, and to pay contractual obligations for professional services rendered in relation to such projects and the financing thereof; such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. Carole Ehrlich City Secretary City of Wylie, Texas Resolution No.2007-10(R) Publication and Notice of Intent To Issue Certifications of Obligation City of'NYlie General Obligation Refunding Bonds,Series 2007 Combination Tax and Revenue Certificates of Obligation,Series 2007 Feb-07 Mar-07 Apr-07 May-07 SMTWTF S SMTWTFS SMTWTFS SMTWTFS -_ I 1 23 _ T II 213 1 2 3 1 4151617 1 112 3 415 T7 8 9 I0 4 5 6 -- 10 8 9 10 11 12I13 14 617 8 9 10 II 12 I 7 ' 8 9 II 12 131 14 15 161 17 II 12 13'14I 15 161 17 15 16 17 18119 20.21 13114 1 16 17 181 19 18+19 20T21 22 23 24 18 19 20 21 22 23 24 22 23 24 25 26_27 28 20�21 22(23 2425 26 25d 26 27!28 25 26 27,28 29 30 31 29 30 27 28 29 30 31 i 1 , 1 1 . I Complete By Day Event 14-Feb-07 Wednesday Begin preparation of Official Statemen 21-Feb-07 Wednesday Initial Draft of Official Statement distributed to City and t Bond Counsel for reviev 27-Feb-07 Tuesday Council passes resolution authorizing Notice of Intent Publication for Certificates of Obligation 7-Mar-07 Wednesday Receive Official Statement information from City TBD First Publication of Notice of Intent to Issue Certificate no later than March 10,2007 8-Mar-07 Thursday Provide draft of Preliminary Official Statement to credit rating agencies and insurance companies for review TBD Second Publication of Notice of Intent to Issue Certificates (same day of the week following 1st publication) 16-Mar-07 Friday Finalize Preliminary Official Statement Distribute Preliminary Official Statement electronically through i-Deal Prospectus to Underwriters 21-Mar-07 Wednesday Receive credit ratings and insurance bids 26-Mar-07 Monday Pricing and verbal award to Underwriters 27-Mar-07 Tuesday City Adopts Ordinances and Awards Bonds and Certificates to Underwriters 2-Apr-07 Monday Prepare and distribute Final Official Statement 9-May-07 Wednesday Closing and delivery of funds First Southwest Company BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave.,#220 Dallas,Texas 75231 Fax(214)361-0204 Phone(214)361-7900 MEMORANDUM To: Chris Hoisted,P.E. From: Joe R. Carter,P.E. Sent via Email Date: Revised February 22,2007 Subject: Water Distribution System 5-Year Capital Improvement Plan • At your request, we reviewed the Water Distribution System 5-Year Capital Improvement Plan as outlined by the City of Wylie Agenda Report dated November 14, 2006. We met with you and Mike Sferra yesterday to discuss the 5-Year Capital Improvements Plan and how funds should be allocated. The budget costs listed in the Agenda Report were based on information contained in the Impact Fee Report. Since the time of that report we have begun detailed design on several elements in the Water Distribution System Capital Improvement Plan and we have better information for more precise opinions of construction cost. Based on the results of our meeting we recommend the following projects to be included in the Water Distribution System 5-Year Capital Improvements Plan: 730 Service Area(High Pressure Service Area) Project Budget Cost Newport Harbor 2.0 MG Ground Storage Tank $1,700,000 • Newport Harbor Pump Station Improvements(1 pump) $ 160,000 Newport Harbor(FM 1378) Water Distribution Line No. 1 $1,400,000 McCreary Road Water Distribution Line $ 990,000 Total High Pressure Service Area $4,250,000 679 Service Area (Low Pressure Service Area) Project Budget Cost Nortex 1.5 MG Ground Storage Tank $1,275,000 Nortex Pump Station Improvements(1 pump) $ 150,000 SH 78 Distribution Line No. 1 (NTMWD to Eubanks) $ 540,000 Brown Street Distribution Line $ 300,000 • *NTMWD Pump Station Improvements $ 985,000 Total Low Pressure Service Area $3,250,000 i:kle icallw lic11-4099;eneral aervices1104.mmwd pump m wales modeNenereUc Syrcip.imnn(2)•doc Page 1 of 2 City of Wylie 2/22/2007 Water Distribution System 5-Year Capital Improvement Plan Page 2 of 2 *Important Note The "NTMWD Pump Station Improvements" budget amount of $985,000 is the approximate construction cost for the originally planned first phase of improvements to the NTMWD Pump Station. Increasing the pumping capacity at NTMWD or building a new pumping facility is essential to be able to serve any heavy industrial type of demand along State Highway 78 over the next five years. The improvements included in the stated budget amounts will allow for some light industrial • or commercial development along State Highway 78 over the next five years without completing the NTMWD Pump Station Improvements. During our second meeting with the NTMWD regarding the proposed pump station improvements they informed us that an air gap must be provided. That requirement more than doubles the probable cost of the pump station improvements (adding $1.2M to $1.3M). The NTMWD has indicated that it is unlikely they will pay for construction of the additional pump station and related facilities necessary to provide an air gap but this is not known for certain until a formal request is made. The remainder of the SH 78 Distribution Line is also required to provide sufficient water for Heavy Industrial demands along State Highway 78 and the approximate construction cost of the portion of that project not included in the 5-Year CIP is$1,320,000. If the NTMWD will not participate in the cost of improvements at the current NTMWD Pump Station site and the Brown Street Pump Station option is selected the approximate construction cost of the first phase of improvements is $3,900,000 requiring $2,915,000 more than is included in this bond proposal. cc: Mike Sferra Mindy Manson Larry Williamson j:kkficallwylieI.4090 general smices1104-ntmwd pump ma water moddlkttus\k15yroip-mm m(2).doc pi Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 02-27-07 Item Number: 5 Department: Police (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 02-09-07 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2007-11(R) authorizing the purchase of a vehicle for the Criminal Investigations Division. Recommendation Motion to approve Resolution No. 2007-11(R) authorizing the purchase of a vehicle for the Criminal Investigations Division. Discussion A rising case load has made it necessary to move an officer from Patrol to Criminal Investigations Division. In order to facilitate this transfer we will need an additional CID car. There are budgeted funds available as two cars that were scheduled for replacement are being retained. Both of the vehicles being retained have low mileage and are still in good shape. Approved By Initial Date Department Director JB 2/09/07 City Manager gfiq a I )o7 Page 1 of 1 RESOLUTION NO. 2007-11(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE PURCHASE OF A NEW VEHICLE FOR THE CRIMINAL INVESTIGATION DIVISION FROM FUNDS EARMARKED FOR REPLACEMENT OF OTHER VEHICLES THAT ARE BEING RETAINED; AND AMENDING THE BUDGET TO REFLECT THIS CHANGE IN APPROPRIATIONS. WHEREAS, the City has appropriated funds over a number of years for the replacement of certain vehicles in its Fleet Fund in the normal course of its business; and WHEREAS, after reviewing the mileage and repair history of a number of vehicles up for replacement, it has been determined that these vehicles do not need to be replaced at this time, making funds available for other uses, and WHEREAS, the City is in need of a different type vehicle for the Criminal Investigative Division than those being retained and the City wishes to use these funds to purchase a new vehicle; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: Section 1. That the City Council authorizes the purchase of a new vehicle for the Criminal Investigative Division from surplus funds made available from retaining and not replacing other vehicles in the Fleet Fund. DULY PASSED AND ADOPTED by the City Council of the City of Wylie, Texas this 27th day of February, 2007. John Mondy,Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2007-11(R) Purchase of Vehicle for Criminal Investigation Division pi Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: February 27, 2007 Item Number: 6 Department: Animal Control (City Secretary's Use Only) Prepared By: Lt. Mike Atkison Account Code: Date Prepared: February 8, 2007 Budgeted Amount: Exhibits: Ordinance/Land Use Chart Subject Consider, and act upon, Ordinance No. 2007-06 amending Chapter 18 (Animals), Section 18-9 (Livestock and Fowl), of the Wylie Code of Ordinances. Recommendation Motion to approve Ordinance No. 2007-06 amending Chapter 18 (Animals), Section 18-9 (Livestock and Fowl), of the Wylie Code of Ordinances. Discussion The current Wylie Code of Ordinance is in conflict with the Zoning Ordinance and it has been amended so they are no longer in conflict. The City of Wylie Livestock and Fowl Ordinance No.18-9 (a) reads in part, "no more than one animal defined as being livestock per 4,500 square feet of available space may be kept in any agricultural zoning district or residential lot of one acre or more in size". The way the current ordinance is written it would allow nine (9) animals defined as being livestock per acre which does not comply with the Comprehensive Zoning Ordinance or the land use chart 5-3. Further, single family 1-acre as listed in the land use chart 5-3 only allows for crop production. Approved By Initial Date Department Director JB 02/08/07 City Manager /' `M a/QI /01 Page 1 of 1 ORDINANCE NO. 2007-06 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 18 (ANIMALS), SECTION 18-9 (LIVESTOCK AND FOWL), OF THE WYLIE CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS,the City Council of the City of Wylie ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Chapter 18 (Animals), Section 18-9, (Livestock and Fowl), of the Wylie Code of Ordinances to coincide with the Wylie Zoning Ordinance, as set forth below. 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 as if fully set forth herein. SECTION 2: Amendment to Chapter 18 (Animals), Section 18-9, (Livestock and Fowl) of the Wylie Code of Ordinances. Chapter 18 (Animals), Section 18-9, (Livestock and Fowl) of the Wylie Code of Ordinances is hereby amended to read as follows: Section 18-9 Livestock and Fowl: a. No person shall engage in keeping livestock within the corporate limits of the City, except as allowed by the Comprehensive Zoning Ordinance of the City of Wylie. b. It shall be unlawful to own or keep chickens, ducks, turkeys, geese, peacocks or guineas within the corporate limits of the City, except in lakes public parks or as allowed by the Comprehensive Zoning Ordinance of the City of Wylie. SECTION 3: Savings/Repealing Clause. Wylie Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full Ordinance No.2007-06 Page 1 Amending Code of Ordinance Chapter 18,Section 18-9 force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 27`h day of February, 2007. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Ordinance No.2007-06 Page 2 Amending Code of Ordinance Chapter 18,Section 18-9 FIGURE 5-3 LAND USE TABLES Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Hist. Residential Residential Residential AG/30 SF-IA/ SF-20/ SF-10/ TH MF MH A.AGRICULTURAL& NS CR CC L I H I DTH 30 26 24 ANIMAL-RELATED S 1. Animal Boarding Kennel with S p Outside Pens S 2. Animal Boarding/Kennel S S P P without Outside Pens p 3. Animal Production P* 4. Commercial Greenhouse or p* p* S p Nursery p P 5. Crop Production S 6. Stable(Commercial) p P=Permitted P*=Permitted with additional requirements when located in this distract. S=Special Use Permit T=Temporary Use Permit City Code Sec. 18-9. Livestock and fowl. (a) No person shall engage in keeping livestock within the corporate limits of the city, except in districts zoned by the comprehensive zoning ordinance of the city as agricultural. No more than one animal defined as being livestock per 4,500 square feet of available space may be kept in any agricultural zoning district or residential lot of one acre or more in size. (b) It shall be unlawful to own or keep chickens, ducks, turkeys, geese, peacocks or guineas within the corporate limits of the city, except in agricultural zoned districts, lakes and public park lands. (Ord. No. 87-57, § 18, 10-13-1987; Code 1991, ch. 2, § 16.00; Ord. No. 94-51, § 5, 11-8-1994; Code 1997, § 18-9) Zonings Ordinance A. Agricultural District(AG/30) 1. Purpose: Land within Wylie which is presently used for agricultural purposes and to which urban services may not yet be available should continue to be used for such agricultural purposes until needed for urban purposes in conformity with the City's Comprehensive Master Plan. Livestock may be maintained indoors and outdoors within the Agricultural District. It is anticipated that lands currently zoned and used for agricultural purposes will eventually be used for more urban purposes as the City develops.Newly annexed areas that are predominantly used for agricultural purposes will be zoned as an agricultural district until other zoning is required. 4. Additional Provisions: a. Refer to additional requirements in Article 7, General Development Regulations. b. A minimum separation of 100 feet between agricultural buildings and dwelling units on the same lot shall be maintained. Agricultural buildings for the purpose of this provision means those buildings used of the raising of crops or animals, or for the storage of agricultural equipment, supplies, or products. c. A minimum setback of 100 feet from the property line shall be provided for any agricultural building. d. Accessory structures on lots greater than 5 acres in area do not have to be behind the rear building line of the main structure. B. Single Family-1 Acre District(SF-1A/30) 1. Purpose: SF-1A/30 is a single family residential district for detached houses on individual lots and requiring a minimum lot size of 1 acre. The cultivation of agricultural crops are allowed but no livestock is allowed. Listed Uses 1. Animal Boarding/Kennel with Outside Pens a. Definition: A facility or area for keeping 4 or more dogs, cats,or other household pets outside,or where grooming,breeding,boarding,training or selling of animals is conducted as a business.This use does not include Animal Clinics or Hospitals. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading:None e. Additional Provisions: None 2. Animal Boarding/Kennel without Outside Pens a. Definition: A facility or area for keeping 4 or more dogs, cats,or other household pets,or where grooming,breeding,boarding, training in conjunction with selling of animals is conducted as a business,and where all activities are conducted indoors. This use does not include Animal Clinics or Hospitals. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 300 square feet of floor area. d. Required Loading:None e. Additional Provisions: All permitted districts when adjacent to a residential use: (1) Rooms containing cages or pens are not permitted to have windows, doors, or other penetrations on exterior walls. (2) Areas designated for holding,boarding, or grooming of pets are limited to no more than 10 percent of the gross floor area. 6. Stable,Commercial a. Definition: Commercial stable means a facility for the business of boarding or renting horses to the public. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for each horse stall within the stable. Additional parking may be required for the parking of trailers if: (1) any events are planned or conducted on the property which will draw horses from other stables; or (2) other conditions are specifically identified that require parking of horse trailers on the property. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) Commercial stables shall require at least a five acre area. Animal/land ratio shall comply with requirements of the City of Wylie Health Code. (2) A commercial stable shall have sufficient drainage and other facilities so as not to create offensive odors, insect or rodent breeding,or other nuisances. (3) A pen,corral,or similar enclosure shall have a minimum front setback of 50 feet and a minimum side setback of 30 feet from the property line.In addition, they may not be located any closer than 100 feet to the dwelling on the premises or 100 feet to any property line.This provision does not apply to perimeter fences which may be located along the property line. 5. Livestock Auction Pens or Sheds a. Definition: Livestock auction pens or sheds means a facility for the auction of livestock. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 4 seats,plus one space for every 600 square feet of sales or display area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0—50,000 1 50,001—100,000 2 Each additional 100,000 or fraction 1 additional thereof e. Additional Provisions: If 20,000 square feet or more of gross floor area, one space is required for each 3,000 square feet of gross floor area. 3. Animal Production a. Definition: Animal production means an area used for the raising of animals and the development of animal products on a commercial basis. Typical uses include cattle and sheep ranching,dairy farming, fish farming, and the raising of poultry and swine. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: A minimum of 2 parking spaces shall be provided. Additional required parking shall be determined during site plan review based on: (1) the operating characteristics of the use (2) the anticipated number of employees; and (3) experience with other similar uses. d. Required Loading:None e. Additional Provisions: All permitted districts: (1) Site must be surrounded by agricultural or industrial zoning or a major arterial on all sides. (2) This use shall not be operated on an area less than 5 acres. (3) The area used for large animals shall comply with the land/animal ratio requirements of the City of Wylie Health Code. (4) The area used for the production of animals shall be set back from the front, side and rear property line a minimum of 100 feet. (5) The area used for the production of large animals,which includes but are not limited to pigs,cows,sheep, goats, and horses, shall not be located closer than one-half of a mile to any residential zoning district, and one-quarter of a mile to any commercial zoning district. (6) Structures may be erected for a private stable,pen,barn, shed or silo for raising,treating, and storing products raised on the premises.A dwelling unit is also permitted. 10. Private Stable a. Definition: Private stable means an area for the keeping of horses for the private use of the property owner. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None,other than required for the primary structure. d. Required Loading:None e. Additional Provisions: All permitted districts: (1) A private stable shall only be on a lot at least 2 acres in area. (2) One horse is permitted for every acre of land. (3) Private stables shall include a pen or corral containing at least 800 square feet for each animal with a stable under a roof containing at least 100 square feet for each animal. (4) A private stable shall have property drainage and other facilities so as not to create offensive odors, insect or rodent breeding,or other nuisances. ARTICLE 5: USEREGULATIONS (5) A pen, corral, fences, or similar enclosures shall have a minimum front setback of 50 feet and a minimum side and rear setback of 30 feet from the property line. In addition, they may not be located any closer than 100 feet to the dwelling on premises. J. Accessory Uses 1. Accessory Agricultural Buildings a. Definition: Accessory agricultural buildings means buildings used for agricultural purposes,including farming,dairying,horticulture,floriculture, animal and poultry husbandry. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None,other than required for the primary structure. d. Required Loading:None, other than required for the primary structure. e. Additional Provisions: AG District: (1) Accessory agricultural buildings used for raising animals shall only be permitted on sites of 5 acres or more. (2) The area used for the production of animals shall be set back from the front, side and rear property line a minimum of 100 feet. (3) The area used for the production of large animals, including but not limited to pigs,cows, sheep, goats,and horses, shall be located at least one-half of a mile away from any residential zoning district, one-quarter of a mile from any commercial zoning district. 7. Temporary Grazing a. Definition: Temporary grazing means an area used for the grazing of animals on a temporary basis while land is waiting for future development. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None d. Required Loading:None e. Additional Provisions: All permitted districts: (1) This use shall not be operated on an area less than 5 acres. (2) An application for a temporary use permit shall specify the number and type of animal that will be grazing.No temporary use permit shall be granted where the number and type of animals to be grazed is likely to result in overgrazing and/or significant environmental degradation of the site. (3) Structures may be erected for a stable,pen,barn, or shed for the protection of the animals on the premises. (4) Standings under roofed stables shall be made of a material that provides for proper drainage so as not to create offensive odors, insect or rodent breeding,or other nuisances. (5) A temporary use permit for grazing is valid for a period of 3 years.The Commission may grant up to 2,one-year extensions,if conditions at the time of initial approval have not changed. (6) Upon completion of the temporary use,the site shall be cleaned, all evidence of its use removed.