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05-08-2012 (City Council) Agenda Packet 047,,-- IAit Wylie City Council Ve;0.,5,4,:, ,,i ,i444-:, ..! ^ NOTICE OF MEETING to,.FE 3f lL,4 41, Regular Meeting Agenda May 8, 2012 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Building #100 Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE • Invocation by David Keuss,Woodbridge Bible Fellowship • Pledge of Allegiance: Scout Troop 78 PRESENTATIONS • Mayor for the Day: Lexi Collins (Mayor Hogue) • Presentation of Appreciation Plaque to Mayor Pro-Tem "Red" Byboth (Mayor Hogue) 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. May 8,2012 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 the Minutes of the April 24, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of March 31, 2012. (S. Satterwhite, WEDC Executive Director) C. Consider, and act upon, Ordinance No. 2012-14, amending the Comprehensive Master Plan, including the Land Use Map of the City of Wylie. ZC2012-07 (R. 011ie, Planning Director) D. Consider, and act upon, Ordinance No. 2012-15, for a Specific Use Permit (SUP) for an Equipment Rental use on one lot of 2.0 acres (Highway 78 Business Park Addition, Block A, Lot 2) located at 1211 Highway 78 South. ZC 2012-05 (R. 011ie, Planning Director) E. Consider, and act upon, approval of a Final Plat for Wylie Retail Office Park Addition, establishing 5 commercial lots on 8.7264 acres, generally located on the southwest corner of S.H. 78 and Kreymer Lane. (R. 011ie, Planning Director) F. Consider, and act upon, approval of a Final Plat for Woodbridge Centre Phase I, establishing 11 commercial lots on 24.604 acres, generally located south of F.M. 544 and west of Woodbridge Parkway. (R. 011ie, Planning Director) G. Consider, and act upon, approval of a Final Plat for Mockingbird Hill, establishing 3 single family residential lots on 1.34 acres, generally located south of Brown Street and west of Carriage House Way. (R. 011ie, Planning Director) H. Consider, and act upon, approval of Ordinance No. 2012-16 creating a construction work zone for traffic and temporarily reducing the rate of speed on West Brown Street to 30 mph from FM 1378 to Westgate Way. (C. Holsted, City Engineer) L Consider, and act upon, a cooperative agreement for additional Law Enforcement Services, between the City of Wylie, Lavon Lake, Texas initiates agreement no. W9126G-12-P-0127 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law Enforcement Services from May 18, 2012 through September 04, 2012 for a sum not to exceed $50,831.95 (J. Duscio, Chief of Police) REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon amending the zoning from Agricultural District (AG/30) to Single-Family (SF-20/26) District on 2.88 acres, for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue. ZC 2012-06 (R. 011ie, Planning Director) May 8,2012 Wylie City Council Regular Meeting Agenda Page 3 of 4 Executive Summary The subject tract,located at 306 Alanis Drive,general located south of Alanis Drive and approximately 393 feet west of Ballard Avenue Str eet. T he p roperty i s 2. 88 ac res i n si ze an d i s zone d A G/30. T he owner/applicant intends to estab lish three separate single family residential lots in conformance with SF- 20/26 standards. General Business 2. Consider, and act upon, the award of CSP #W2012-25-A for an initial term of three (3)years with two (2) annual one (1) year renewals for Bank Depository Services for the City of Wylie; to J.P. Morgan Chase in the estimated annual amount of $40,953.00 and authorizing the City Manager to execute all necessary documents. (L. Bantz, Finance Director) Executive Summary The depository services requested included the basic se rvices of receiving deposits,paying item s,wiring funds out,receiv ing funds wired in,st op p ayments and o ther normal b anking activ ities.No investment transaction act ivities were i ncluded o ther th an safe keeping sew ices. Th e primary ob jectives of th e Depository agreement were to maximize cash availability and to maximize yield after satisfying the goals of safety and liquidity. 3. Consider, and act upon, Resolution No. 2012-16(R) denying Atmos Energy Corp., Mid-Tex Division's ("Atmos Mid-Tex") requested rate change; requiring the company to reimburse the city's reasonable ratemaking expenses; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and ACS's legal counsel. (M. Manson, City Manager). Executive Summary ACSC en gaged at torneys and c onsultants t o re view At mos M id-Tex's p roposed rat e i ncrease. Additionally,the AC SC cities passed suspension resolutions earlier this year,extending the effective date of Atmos Mid-Tex's proposed rate increase to June 4,2012,in order to permit the cities time to review Atmos Mid-Tex's Statement of Intent. D uring their review, ACSC's consultants found justification that Mid-Tex's rates should be decreased. O n April 25,2012,the Company extended the effective date of its proposed rate ch ange, which similarly ex tended citie s'j urisdictional deadline t o June 11 , 2012. The purpose of the resolution is to deny Atmos Mid-Tex's proposed rate increase p ending further settlement discussions and to prevent At mos'proposed rate increase from automatically taking effect on J une 11, 2012. READING OF ORDINANCES WORK SESSION • Discuss Wylie Recreation Center and Bart Peddicord Community Center membership and facility fees. (R. Diaz, Parks &Recreation Superintendant) RECONVENE INTO REGULAR SESSION Take any action as a result of executive session. May 8,2012 Wylie City Council Regular Meeting Agenda Page 4 of 4 ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code §551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney fo r the City concerning any and all subjects and fo r any and all purposes permitted by the Act, including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with the attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. CERTIFICATION I certify that this Notice of Meeting was posted on this 4th day of May 2012 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 _14(11 Wylie City Council CITY OF WY LIE Minutes Wylie City Council Meeting Tuesday April 24, 2012 - 6:00 p.m. Wylie Municipal Complex - Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Diane Culver, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman David Goss, and Councilman Bennie Jones (arrived at 6:20 p.m.). Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Finance Director, Linda Bantz; Fire Chief, Randy Corbin; WEDC Executive Director, Sam Satterwhite; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE • Ray Miranda, representing the Story Church, gave the invocation and Boy Scout Troop 78 led the Pledge of Allegiance. PRESENTATIONS • 5th 6 weeks Star Students: "Fairness" (Mayor Hogue) Mayor Hogue and Mayor Pro Tem Byboth presented medallions to students demonstrating the character trait of"Fairness." Each six weeks one student from each WISD campus is chosen as the "star student." • Presentation to Barbara Watson for contributions made to the Smith Public Library and Friends of the Library. (Mayor Hogue, Library Staff-Friends of the Library) Mayor Hogue, staff of the Smith Public Library and members of Friends of the Library presented a plaque of appreciation to Barbara Watson, long time library volunteer and member of the Friends of the Library. Mayor Hogue thanked her for her service to the library and community. Minutes April 24, 2012 Wylie City Council Page 1 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Don Higginson, 911 Fleming Street; Billy Tomlinson, 504 Silver Leaf Ct., and Danny Mullins, 1304 Quail Meadow Drive addressed council in support of Sanden International regarding a performance agreement. Dallas County Judge Clay Jenkins addressed council commending Councilman Bennie Jones for his organization, Wylie Youth Commission, which supports area youth. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the April 10, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for March 31, 2012. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for March 31, 2012. (L. Bantz, Finance Director) D. Consider, and act upon, approval of a Final Plat for Braddock Place Phase II, establishing 44 single family residential lots and one open space lot for park purposes on 37.906 acres, generally located southeast of Cedar Point Drive and west of Timber Falls Way. (R. 011ie, Planning Director) E. Consider, and act upon, approval and final acceptance of the reconstruction of FM 1378 from Brown Street to Parker Road and authorize final payment to L.H. Lacy Company, Ltd. in the amount of$484,600.25, and accept the project as complete. (C. Hoisted, City Engineer) F. Consider, and act upon, authorizing the City Manager to execute a License Agreement with Dallas Area Rapid Transit for the City of Wylie's purpose of constructing, installing, maintaining, and operating one 4-foot wide, concrete sidewalk crossing the Cotton Belt Line at the east side of McCreary Road, Mile Post 583.27, in Wylie, Collin County, Texas. (M. Sferra, Public Services Director) G. Consider, and act upon, authorizing the City Manager to execute a reimbursement agreement with The Kansas City Southern Railway Company for material and labor to install a concrete crossing at northbound McCreary Road on the railroad tracks. (M. Sferra, Public Services Director) Minutes April 24, 2012 Wylie City Council Page 2 H. Consider, and act upon, Resolution No. 2012-14(R) authorizing the City Manager to execute an Interlocal Agreement between Wylie Independent School District and the City of Wylie for the purchase of bulk fuel. (I Butters, Assistant City Manager) Mayor Hogue requested that Item G be removed from the consent agenda and be considered individually. Council Action A motion was made by Councilman White, seconded by Councilman Goss to approve Items A, B, C, D, E, F, and H of the consent agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Jones absent. REGULAR AGENDA G. Consider, and act upon, authorizing the City Manager to execute a reimbursement agreement with The Kansas City Southern Railway Company for material and labor to install a concrete crossing at northbound McCreary Road on the railroad tracks. (M. Sierra, Public Services Director) Council Discussion Mayor Hogue asked why the rendering in the agenda packet for Item G read Alabama Road rather than McCreary Road. City Manager Manson explained that she was not sure why Alabama was listed but the listing did not affect the agreement. City Secretary Ehrlich reported that in the posting of the agenda item, Consider and act upon a Resolution was omitted from the action item however the resolution was attached to the agenda packet. She explained that this was a non-substantive change and could be added to the motion for approval. Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to adopt a Resolution authorizing the City Manager to execute a reimbursement agreement with the Kansas City Southern Railway Company for material and labor to install a concrete crossing at northbound McCreary Road on the railroad tracks. A vote was taken and the motion passed 6-0 with Councilman Jones absent. 1. Consider, and act upon, Ordinance No. 2012-12 amending Ordinance No. 2011-18 (2011-2012 Budget) for proposed amendments for fiscal year 2011-2012. Staff Comments Finance Director Bantz addressed council stating that the mid-year budget amendments are generally intended to cover unanticipated and/or unavoidable revenue and expenditure adjustments to the adopted budget. Detail is attached for the requested items which are located within the General Fund, Utility Fund, 4B Fund, Wylie Economic Development Corporation, and Recreation Fund. The requests are further defined as neutral (matching revenues to expenditures), revenue increases, or expenditure increases. Minutes April 24, 2012 Wylie City Council Page 3 Mayor Hogue asked why the amendment was being made for asphalt overlay for streets. Public Services Director Sferra explained that the City had contracted with Apac in the last budget cycle to provide the asphalt overlays; however, the company was behind in scheduling the work and the work had not been completed or paid for in last fiscal year's budget; therefore, the amendment is being requested to complete the work in the current fiscal year. Mayor Pro Tem Byboth asked why the City used this contractor if the work could not be performed as requested. Sferra noted that the company was well under other contractors bidding on the work and provided quality work. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to adopt Ordinance No. 2012-12 amending Ordinance No. 2011-18 (2011-2012 Budget) for proposed amendments for fiscal year 2011-2012. A vote was taken and the motion passed 7-0. Public Hearing 2. Hold a Public Hearing, and consider and act upon, amendments to the Comprehensive Land Use Plan. (R. 011ie, Planning Director) Executive Summary Planning Director 011ie addressed council stating that at its March 6, 2012 meeting, the Impact Fee Advisory Committee considered updates to the Comprehensive Land Use Plan, proposed Land Use Assumptions, Capital Improvement Plan, and Impact Fees. The Committee voted 8-0 to recommend approval to city council and to move forward with calling a public hearing. As a result, council has adopted an Ordinance to set a public hearing date of April 24, 2012 to consider the Land Use Assumptions, Capital Improvement Plan, and Impact Fees. 011ie commended her staff for their work on this plan and noted that it was completely done "in-house" which saved the city around $250,000 in consulting fees. 011ie explained the major residential revisions are as follows: 1. The Residential development patterns of the Sub-Urban Sector are focused more on what is currently on the ground to date. A majority of our residential development falls under the medium density category of 5,500 — 8,500 square foot lots. This proposed sector allows for low to medium densities with very low intensity commercial uses supporting the surrounding neighborhoods. 2. The General Urban Sector's primary focus is on a "live, work & play" module that supports the retail, office and light production uses. Such uses could include a research & development center, a light manufacturing facility and/or higher educational facilities. Often times these type uses are supported by a very mixed-use atmosphere including some high density residential. The southern sector of the City would fall into this category. The vision is an area that could support a mixed use development because of its proximity to the George Bush Turnpike. It is important to note that these uses should be designed in a way that they are compatible with surrounding areas. 011ie explained the major commercial revisions which include: 1. Heavier commercial uses are supported within the General Urban Sector that provides for a wide range of opportunities that would sustain a campus type environment for businesses and retail/restaurant uses. This sector would also encourage innovative residential densities that support such business facilities. Minutes April 24, 2012 Wylie City Council Page 4 2. Creation of overlay districts have been included that will promote specific uses to our area in conjunction with the overall Strategic Plan as outlined by council in 2008. These areas include, but are not limited to, lakefront activity and development, entertainment areas to promote family first, and create a unique area for various disciplines within the healthcare management system. Planning Director 011ie reported the goal of the 2012 Comprehensive Master Plan is to protect, preserve and enhance Wylie's identity. A simple methodology is to vision a step down method, whereby you start with an overall vision of the City "The Comprehensive Land Use Plan" and then drill down to the Sector level and further to the Overlay Zones and ultimately to the Zoning Ordinance which becomes parcel and project specific at the neighborhood level. 011ie noted that the Comprehensive Plan will also address disasters and emergency services needed at the time of the disaster. This will also eliminate the need for an emergency meeting to adopt an ordinance to provide those services in a disaster. City Engineer Hoisted addressed council stating that part of this public hearing will be about Land Use Assumptions and updates to the Capital Improvements Plan. This plan will take the City out ten years from a current population of 42,804 to a population of 49,642. This population growth will require increased water and sewer facilities and increase the Capital Improvements Plan. Public Hearinci Mayor Hogue opened the public hearing for the Comprehensive Land Use Plan at 7:36 p.m. asking anyone present wishing to address the council to come forward and keep their comments to three minutes. Alexis Tapp residing at 2250 Sachse Road (County Road 819), Wylie, addressed council asking council to be mindful of an upscale development such as a school or institution of higher education for the property close to the 190 Extension on the Pleasant Valley side of the land. Tapp noted that she was not in favor of developments with density of 8,500' lots. With no other citizens wishing to address council, Mayor Hogue closed the public hearing at 7:45 p.m. Planning Director 011ie addressed council explaining that the land near the 190 Extension on Pleasant Valley was currently zoned Agriculture. She noted that any proposed development would have to come before the Planning and Zoning Commission and City Council and should require a Planned Development zoning. This would be the best zoning for the property to insure it is developed according to the preference of council. Council Action A motion was made by Councilman White, seconded by Councilwoman Culver to approve amendments to the Comprehensive Land Use Plan. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, approval of Ordinance 2012-13, amending Ordinance No. 2006-10 to approve the adoption of the updated and amended Land Use Assumptions and Capital Improvements Plan. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed council stating that on March 13, 2012 council adopted Ordinance 2012-10 setting the date for a public hearing on the updated Land Use Assumptions and Capital Improvements Plan. Section 395 of the Local Government Code specifies the process necessary for the Minutes April 24, 2012 Wylie City Council Page 5 implementation of impact fees, and a public hearing was conducted to receive public comments on the updates to the Land Use Plan and Capital Improvements Plan. Projections over the next ten years are 229 dwelling units per year. The projections that were shown in 2006 showed 11,000 utility connections over a ten year period on the water system. Currently the plan will propose 2,254 connections due to the slowdown in growth. Subsequently the infrastructure needed over the next ten years has decreased. Joe Carter, representing Birkhoff, Hendricks & Carter, L.L.P., addressed council and presented the Water and Wastewater Impact Fee Update. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Jones to approve Ordinance No. 2012-13, amending Ordinance No. 2006-10 to approve the adoption of the updated and amended Land Use Assumptions and Capital Improvements Plan. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, Resolution 2012-15(R) setting a date, time and place for a Public Hearing on the proposed updates and amendments to the Water and Sewer Impact Fees. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed council stating that Section 395 of the Local Government Code specifies the process necessary for the implementation of impact fees. Council previously conducted a public hearing and considered an ordinance on the proposed Land Use Assumptions and Capital Improvements Plan. Council Action A motion was made by Councilman White, seconded by Councilman Goss to approve Resolution No. 2012-05(R) setting the date of June 12, 2012 at 6:00 p.m. in the City Council Chambers of the Wylie City Hall, as the date, time and place for a public hearing on the proposed updates and amendments to the Water and Sewer Impact Fees. A vote was taken and the motion passed 7-0. Public Hearing 5. Hold a Public Hearing and consider, and act upon, a request for a Specific Use Permit (SUP) for an Equipment Rental use on one lot of 2.0 acres (Highway 78 Business Park Addition, Block A, Lot 2) located at 1211 Highway 78 South. ZC 2012-05 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the subject property is located at 1211 Highway 78 south and is within the Highway 78 Business Park, also known as the Century Business Park Addition. The applicant is requesting a Special Use Permit (SUP) for an Equipment Rental use. An SUP provides a means of oversight and evaluation by the Commission and City Council of certain uses as to its probable effects upon adjacent properties and the community's welfare by assuring appropriateness and compatibility with surrounding land uses. Minutes April 24, 2012 Wylie City Council Page 6 The applicant is proposing to redevelop the 2.0 acre property. The property is currently zoned Commercial Corridor and has been used as an Automotive Repair, Major for several years. A concept plan has been provided by the applicant in conjunction with this request and is made part of this request. The applicant proposes several changes to improve the property: • The 12,000 sq. ft. metal structure will be clad in masonry materials that comply with the current zoning ordinance. • Landscaping will be added to the front of the property. While this addition would bring the property closer to the requirements of the current zoning ordinance, the proposed 4,000 sq. ft. of landscaping is less than the required 20%. However, based on the placement of the building on the site, meeting this requirement would require watered landscaping that is not visible from the public thoroughfare thus providing no aesthetic benefit while limiting the applicants business potential given the need for equipment storage on pavement. • Parking will be realigned with a total of 18 spaces provided, which is less than the 24 that is required for this use in the zoning ordinance. Although the Equipment Rental use is categorized under the general heading of"RETAIL", it is not the typical retail user that brings in a high volume of drive by customers. It caters more to a contractor or individual worker who rents a tool or piece of equipment to perform a temporary task thus staff feels a reduction in parking is justifiable. • Paving will be added to the rear of the property to accommodate rental products, a wash rack, and a fueling station. • Fencing will improved on the property frontage. 011ie reported these changes will bring the property into conformance. 011ie reported eight (8) notifications were mailed to property owners within 200 feet in accordance with State Law. As of April 16, 2012 one (1) response was received in favor of the requested zoning change. The Commission voted 6- 0 to recommend approval. Applicant/Staff Comments Applicant Mike O'Neal addressed council stating that Rental One planned to expend approximately $250,000 in improvements to the property. He stated he and his partners were excited to expand the business to Wylie. Mayor Hogue asked why the gas tank was above ground. Mr. O'Neal explained that the fuel tank was proposed to be above ground. He noted that in his opinion this was the most environmentally safe installation of fuel tanks. WEDC Executive Director Satterwhite addressed council stating that this property has been for sale for several years with no interested buyers. He stated that this zoning request by the applicant will significantly improve the property and the applicant was planning to spend considerable funding to make those improvements. Councilwoman Culver asked the applicant if any of the equipment would be placed in front of the property. Mr. O'Neal explained the area in front of the building had no room for equipment and no equipment would be parked in front of the building. Public Hearincl Mayor Hogue opened the public hearing at 8:08 p.m. asking anyone present wishing to address council to come forward. No one was present wishing to address council. Mayor Hogue closed the public hearing at 8:09 p.m. Minutes April 24, 2012 Wylie City Council Page 7 Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Jones to approve a request for Specific Use Permit (SUP) for an Equipment Rental use on one lot of 2.0 acres (Highway 78 Business Park Addition, block A, Lot 2) located at 1211 Highway 78 South. (ZC 2012-05). A vote was taken and the motion passed 7-0. READING OF ORDINANCES City Secretary Ehrlich read the ordinance captions to Ordinance No.'s 2012-12 and 2012-13 into the official record. WORK SESSION • FY 2013 Preliminary Budget Presentation (M. Manson, City Manager) City Manager Manson addressed council stating that staff had prepared a very preliminary budget overview. Manson reviewed the assumptions affecting the FY 2012-2013 budget showing an increase of 6% in sales tax revenue and home starts projected to remain at 200 units per year. The General Fund Base Budget estimates showed revenues at $25,578,922 and expenditures of $25,381,489. She explained that these estimates were based on no new expenditures. The General Fund Balance is estimated to be 35% in 2013, 33% in 2014 and 32% in 2015. She noted that a minimum of 20% fund balance is recommended generally, with the City's investment policy set with a goal of 25%. Manson reported that for every 1 cent of property tax reduction the cost to the General Fund was estimated to be $223,570 in revenue reduction and for every 1 cent of tax reduction the average home, valued at $141,132 would see a reduction in annual City property tax of $14.11. Direction from council moving forward in the budget process was: • Add three narcotics officers to the police department • Compile estimates to complete a marketing and branding program for the City of Wylie • Compile a salary survey for current employees • Review sidewalk and street repairs needed • Consider a property tax cut Mayor Hogue convened into Executive Session at 9:30 p.m. reading the caption below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.072 Deliberation Regarding Real Property; Closed Meeting; Pursuant to Section 551.072, Texas Government Code, deliberation on certain matters concerning the purchase, exchange, lease, or value of real property to wit: Minutes April 24, 2012 Wylie City Council Page 8 • Discussion regarding property generally located near Country Club and Brown and property generally located near the 800 block of Hensley Lane. Mayor Hogue reconvened into Regular Session at 10:05 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result of executive session. There was no action taken as a result of Executive Session. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Goss, seconded by Councilman Jones to adjourn the meeting at 10:05 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes April 24, 2012 Wylie City Council Page 9 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 8, 2012 Item Number: B. Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: April 25, 2012 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of March 31, 2012. Recommendation Accept, and pl ace on f ile, the m onthly Revenue and Expense Report for the Wylie Economic D evelopment Corporation as of March 31, 2012. Discussion The Wylie Economic Development Corporation (WEDC)Board of Directors approved the attached financials on April 27, 2012. Approved By Initial Date Department Director SS 4-25-12 City Manager MM 5-1-12 Page 1 of 1 4 11 20122 04:29 PM CITY OF WY LIE PAGE: 1 BALANCE SHEET AS OF: MARCH 31S'?', 2012 LYC IE ECONOMIC DE4ET CORP ACCOUNT TITLE ASSETS 1320-14110 CLAIM ON CASE AND CASH EQUIV.UIV. 10443,211.66 10511-1 011 5 CASH - WEOC - 111r72';`)OD 0,01 14000 1013; INWCIOD BANS, - ESCROW 0.011 .000-13I160 DEPOSITS 2,000.00 1'008-10 99 OTHER - MISC CLEARING. 2.95.26 1000-1034 5 TEXPOr1L 0.00 1000-10343 LOGIC 0,07 1000-10481 INTEREST RECEIVABLE. 0.00 10 DC1-11 511 ROOTS RE' I C f 0.021 I000 1'_'R17 ACCT' NEC - SALES TAX 6.801 000 12810 LEASE PAYMENTS RECEIVABLE 6,566,622.80 1.000-9299E 1646 RECEIVABLE CJ.Ct(J 1000-1 2991 RIOTS PEC _ JTM TECH 0.00 1021-12998 A?..C"1'S EEC - SAVAGE 240,624.55 100 0-1 4112 INVENTORY MATERIAL/ SUPPLY 41.00 00-1412.5 INVENTORY - LAND I BUILDINGS 2,294,012.3'1 1000-114118 INVENTORY - MAYCC)/ SANDER BLVD 0.80 1000-14310 PREPAID EXPENSES - MISC 0.00 17.1e 11419 DEFERRED CHARGES 150,293.40 .._...,.,,. 11,699,821.05 2.2.2.22.222.22 TOTAL. ASSETS 11e6892921.05 4,4440444.44642 LIABILITIES 2000-20 1110 FEDERAL INCOME TAX: PAYABLE 0.00 24100-20' f MEDICARE PAYABLE 8.111 2000-20111.2 CHILD SUPPORT PAYABLE 0.00 2000r2011 i CREDIT UNION PAYABLE 0.00 2800-20114 IRS LEVY PAYABLE 0.01) 2010-20 16 NATIONWIDE DEFERRED COMP 0,00 2000-20116. S{i,,10,111 T.NSU''R PAY-EMPLOYEE 1.88 210 IIJT INNS PAYABLE 0.00 200 28118 ROIL IRA PAYABLE 0.00 2 00-20129 WORKERS COMP PAYABLE C (0 2000 20 FICA PAYABLE 0.00 2000-20121 TEl PAYABLE 0.00 2010-20122 STUDENT LOAN LEVY PAYABLE 0.00 20041--20 23 ALIMONY PAYABLE. 0.00 2 000-201 24 BANKRUPTCY PAYABLE 0.00 20 -20_25 VALIC DEFERRED COMP 0.00 2 0 90-2 01 2 6 ICXA PAYABLE. 0.00 2000-201212 EN?. LEGAL SERVICES PAYABLE 4 12.01) 20091 2013:'') FLEXIBLE. SPENDING ACCOUNT 20249.82 2000-201.3.2 EMP CARE ELITE 12.00 2 000-20151 ACCRUED WAGES PAYABLE 0.00 2000-201.50 ADLIT EMPLOYEE :N,?1R PAY 1 1.46) 2000-20198 RISC PAYROLL PAYABLE 0.00 2000-2022011 AP PENDING 2,7113.16 2001-202,0 ACCOUNTS PAYABLE 36,:366..60 4-11-2012 04:20 PM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: MARCH 31ST, 2012 III-WYLIE ECONOMIC BEVEL CORP ACCOUNTi TITLE 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 450,298„40 2000-20810 DUE TO GENERAL FUND 0,00 2000-22270 DEFERRED REVENUE 141,904.48 2000-22275 DEFERRED RSV - LEASE PRINCIPAL 6,010,573.37 2000-22280 DEFERRED REVENUE - LEASE INT 946,048,63 2000-22915 RENTAL DEPOSITS 2,800,00 TOTAL LIABILITIES 7,893,01158 EQUITY 3000-34110 FUND BALANCE - RESERVED 488,181,60 4000-34590 FUND BALANCE-UNRESERV/UNDESIG 4,269,210,27 TOTAL BEGINNING EQUITY 3,757,891.87 TOTAL REVENUE 493,518,88: TOTAL EXPENSES 754,P00.,95 REVENUE OVER/(UNDER) EXPENSES 35,411,60 TOTAL EQUITY & OVERf(UNDER) 3,496,819.4 TOTAL LTABILITTES„ EQUITY & OVER/(UNDER) 11,689,821.05 4-41-2912 0420 PM CLT OF WYLIE PAGE I BALANCE SHEET AS OF: MARCH 31ST, 2012 922-GEN LONG TERM DEBT puax:), ACCOUNT8 TITLE ASSETS 44.A.A844 1000-10312 GOVERNMENT NOTES 0,01 1000-18110 LOAN - MEMO' 0,00 1000-18120 LOAN - BIRMINGHAM 0,00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-1E220 BIRMINGHAM LOAN 0.00 0,00 TOTAL ASSETS 0„00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 47,092.56 2000-20311 COMP ABSENCES PAYABLE-CURRENT 0.00 2100-21410 ACCRUED INTEREST PAYABLE 0.00 2000-28205 WEDS LOANS - CURRENT 1564384.3.6 2001-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 0.00 2000-28235 AMP LOAN 2854746-24 2101-28236 AMP CONSTRUCTION LOAN 4,6454440.78 2000-28140 HUGHES LOAN 153,598.50 2000-28251 CITY OF WYLIE LOAN 0.00 2000-282E1 PRIME PUTS LOAN 0.00 2000°L?8270 BONLAND/ANDERSON LOAN 0,00 2000-28280 CAPITAL ONE CAZAD LOAN 444 TOTAL LIABILITIES 5,292,474.44 EQUITY 3000-34550 FUND BALANCE-UNRESERV/UNDESIG( 5,433,416.05) TOTAL BEGINNING EQUITY ( 5,433,416.09) TOTAL REVENUE 0.00 TOTAL EXPENSES ( 140,941.65) REVENUE OVERA(UNDEM EXPENSES 140,941.65 TOTAL EQUITY I OVERA(UNDER) I 5,252,474.44) TOTAL. LIABILITIES, EQUITY I OVER/(UNDER) 9.01 4-I1-2012 04:15 PM CITY OF WYLIE PAGE: I REVENUE AND EXPENSEREPORT - (UNAUDITED) AS OF: MARCH 31ST, 2012 11 - YLIE ECONOMIC DFVEIr CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y..T-I v_F,,,®): BUDGET 6 OF BUDGET PERIOD PO ADJUS`I', ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES. 1,983,969.00 113,571.51. 0.00 516,1.80.98 0.00 1,147,708.02 31.12 INTEREST INCOME 291,2 0.:00 10,713,11 0.01 64,754,59 0.00 216,505.41 23,02 MISCELLANEOUS INCOME. 90,912.09 4,359.00 0.00 32,494.99 0.00 59,367.61.. 35.71.8 OTSER FINANCING SOURCES 209,930.00 30,1.45.13 0.00 190,06 1.95 0.00 29,641.11 85.79 TOTAL. REVENUES 2,245,381.00 15S,765.35 0.00 793,518,55 0.03 4,452,442.,4' 35.33 EXPENDITURE SUMMARY DEVELOPMENT CORK-WEDC 2,767,766.00. 94,974,118 0.00 754,1E37.P5 1,465.25 0 2 79.80 27.30 TOTAL EXPENDITURES 2,,767,766.10 84,974.96 0.00 754,100.95 3,4113 .2B 20 012,11'9.60 27.30 REVENUE OVER/(UNDER) EXPENDITURE.' (. 521,905,00.) 73,810.37 0.00 35,417,90 £. 1,495.251 ( 550,737 31) 7.2.7 4-11-2012 04:15 PM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED/ AS OE: MARCH 31ST, 2012 111-WYLIE ECONOMIC BEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR y-T-D Y-T-D BUDGET 1 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40150 REV IN LEM OF TAXES 1550889.00 0.00 0.00 9.00 0.00 155,889.09 9,330 4000-40210 SALES TAX 1,508,000.00 113,510.51 0.09 5E6,180.98 0.00 991,819,02 34.23 TOTAL TAXES 1,603,889-00 113,510.51 0,09 916,180.98 0,00 1,141,108.02 31.02 INTEREST INCOME 4000-46090 CERTEFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.03 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 3,000.00 116.84 0.00 751.48 0.00 2,248.52 25,05 4100-46140 TEX,100L INTEREST 0.00 0.00 0.09 0.00 0.00 1009 0.00 4000-46E43 LOSIC INTEREST 0.00 0.00 0.00 0.00 0.00 0,00 0.00 4000-46150 INTEREST EARNINGS 278,260..00 10,536,27 0.00 84,003.11 0.00 214,258.89 23.00 4100-4E210 wan( MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 281,260,09 10,113.11 0.00 640354.59 0.00 218,505.41 23.02 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 118,482...0o 4,100.00 0.00 31,100.00 0.00 57,382.00 35.15 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 3.00 0.00 0.00 0.00 4000-48410 MISCELLANEOUS INCOME 2,400,00 256.00 0.00 10394.09 0.00 1,005.91 58.09 4001-48430 GAIN/LOSS SALE OF CAP RESET 0.00 0.00 0.00 0,00 0.00 0.06 0.00 TOTAL MISCELLANEOUS INCOME 90,882.00 4,356.00 0.00 32,494.09 0.00 58,381.91 35,15 OTHER FINANCING SOURCES 4900-49100 TRANSFER FROM GENERAL FUND 0.00 0.00 0,00 0.00 0.00 0.00 0.00 4000-49325 BANE NOTE PROCEEDS 0.00 0.00 0.00 0.00 0.00 0.00 0,00 4000-49550 LEASE PRINCIPAL PAYMENTS (0 209,930,00 30,/45.13 0.01 180,088.89 0.00 29,841.11 05.453 TOTAL OTHER FINANCING SOURCES 209,930.00 300145.73 0.00 180,068.89 0,130 20,841.11 85.79 TOTAL REVENUES 20245,961.00 1510765.39 0.03 793,518.55 0,00 1,452,442,45 15.3) 4-11-2012 04:15 PM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: MARCH 31ST, 2012 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET o OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 172,370,00 13,259,:24 0.00 79,555.44 0,00 92,814.56 46.15 561.1-51130 OVERTIME 0,00 0.,.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 1,057.00 0,00 0.00 1,060.00 0,00 ( 3.00) 100.28 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0,00 0.00 5611-51160 CERTIFICATION INCENTIVE 0,00 0,00 0.00 0.00 0,00 0.00 0.00 5611-51.170 PAR.*MEDIC INCENTIVE 0.01 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320,00 870,78 0.00 5,224.68 0.00 6,095.32 46.15 5611-51220 PHONE ALLOWANCE 3,456,00 0,00 0.00 1,661.52 0,00 1,794.48 48.08 5611-51230 CLOTHING ALLOWANCE 0,00 0,:00 0.00 0.00 0,00 0.00 0.00 5411-51310 TMRS 21,771,00 1,784,64 0,00 10,778.70 0.00 10,992.30 49.51 5611-51410 HOSPITAL & LIFE INSURANCE 27,260.00 45,:28 0.00 10,788.70 0.00 16,471.30 39.58 5611-51420 LONG-TERM DISABILITY 983.,00 38,22 0.00 267.54 0.00 715.46 27.22 5611-51440 FICA 10,687,00 851,79 0.00 3,273.21 0.00 7,413.79 30.63 561 -5145D MEDICARE 2,500.00 199,21 0.00 1,217.76 0,00 1,282.24 48.71 5611-51470 WORKERS COMP PREMIUM 656.00 ( 15,:90) 0.00 539.51 0.00 116.4.9 82.24 5611-51480 UNEMPLOYMENT COMP (TWO) 540,00 0,00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 252,600.00 17,033.26 0.00 114,367.06 0,00 138,232.94 45.28 SUPPLIES 5611-52010 OFFICE SUPPLIES 5,000.00 33.17 0.00 2,948.19 35.85 2,015,96 59.68 5611-52040 POSTAGE & i^8EIGHT 980.00 0.00 0.00 157.2E 2.68 820.06 16.32 5611-52130 TOOLS/ EQUIP - CINDER ;100 0.00 0.00 0.00 0.00 0,00 0.00 0.00 5611.-52910 FOCC SUPPLIES 5,000.00 422.93 0.00 1,752.53 27.45 3,219.72 35.61 5611-52390 OTHER 0.00 0.00 0_00 0.00 0,00 0.00 0.00 TOTAL SUPPLIES 10,980.00 456.10 0.00 4,855.28 65.98 6,055.74 44.85 MATERIALS TOR MAIN'IE5ANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 289.83 0.00 493.83 0.00 2,506.17 16.46 5611-54990 OTHER 0.00 0.00 0.00 0,00 0.00 0.00 0.00 TOTAL MATERIALS FOR M4INTENANC 3,000.00 289.83 C.00 493.83 0.00 2,506.17 16.46 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,031,378,00 0.00 0.00 152,541,15 0.00 878,836.85 14.79 5611-56040 SPECIAL SERVICES 180,789.00 1,212.50 0.00 4,556.50 0.00 176,232.50 2.52 5611-56080 ADVERTISING 26,000,00 0.00 0.00 5,810.00 0,00 20,990,00 21.68 5611-56090 COMMIUNITY DEVELOPMENT 34,250.0C 656.99 0.00 24,904.75 0.00 9,345.25 72.71 5611-56110 COMMUNICATIONS 3,780,00 351.95 0.00 1,910.97 125,08 1,743.95 53.86 5611-56180 RENTAL 22,600.00 1,720,53 0.00 13,096.65 225.08 9,278.27 58.95 5611-56210 TRAVEL a TRAINING 22,787.00 1,161.91 C.00 3,223.58 1,069.11 18,494.31 18.84 5611-56250 DUES & SUBSCRIPTIONS 8,803.00 50.00 0.00 2,335.00 0.00 6,468.00 26.53 5611-56310 INSURANCE 303.0G 0.00 0.00 303,00 0.00 0.00 100.00 5611-56510 AUDIT & LEGAL SERVICES 42,750,00 4,565.30 0.00 41,389.15 0.00 1,360.85 96.82 5611-56570 ENGINEERING/ARCHITECTURAL 37,000.00 3,500.00 C.00 4,420.00 0.00 32,580.00 11.95 5611-56610 UTILITIES-ELECTRIC 3,500.00 151.91 C.00 720.18 0.00 2,,779.82 20,58 TOTAL CONTRACTUAL SERVICES 1,414,740.00 13,371.09 0.00 255,210.93 1,419.27 1,158,109.80 18.14 4-11-2012 0415 PM CITY OF WYLIE PAGE,-. 4 REVENUE AND EXPENSE RESORT - (0NAMMTED) AS OF: MARCH 31ST, 2012 311-48YLI IF ECONOMTC 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 40 CAP, REPS 5611-57110 DEBT SERVICE 835„846.00 52,812.91 0,00 357,555.06 0,00 246,286.91 56.29 5611-54510 DAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.90 0.50 0.00 TOTAL NEST SERVICE 6 CAP. REPL 635,846.00 52,812.91 0.00 3570555.06 LOU 258,285054 56.23 c.APSTS)L. 09 TLAY 5611-58110 LAND-PURCHA.SE PRICE 389,0004 00 0.00 0.03 1,000.00 0.00 486,090.00 0.26 5611-53170 DEVELOPMENT- FEES 0.00 .0.00 0.00 0,00 0.0(1 0.00 0.00 5811-58219 sTneTs & ALLEYS 40,000.00 0.00 0.00 0.00 0,00 10,000.00 0.00 5611-58610 COMPUTER HARD/SOFTWARE 24000.00 1,011.49 0.00 1,011.49 0.00 988.21 30.59 5611-58890 FLEW/TORE 4. FIXTURES 110600.00 0.00 0.00 1 4,690.Oa 0.00 0.a a 100.00 8811-58810 BUILDINGS 0.00 0.00 0.00 0.00 0.00 0.00 0-00 56,11-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.0D 0.00 0.00 1.03 TOTAL CAPITAL OUTLAY 445,890.00 1,011.19 0.00 15,811.413 0.00 428,988.21 9.43 OTHER FINANCING (05E6) )611-59111 TRANSFER TO GENERAL FUND 5,000.00 0.00 0.00 5,000.05 0.90 0.00 100.00 5611-59130 TRANS FER TO T HORU GE FARE 1.14P 0.00 0,09 0,00 0.00 0.00 0.00 (LOU 5611-59890 PROJECT ACC0DNITNG 0.00 0.00 0 00. JUL 0.00 0.00 0,00 TOTAL OTHER FINANCING ((1SES) S,000.00 0.0) 0.00 0,000.0) 0.00 0.00 100.00 TOTAL DEVELOPMENT CORP-WEDC 2,5854586.00 840944.96 0,10 -/54,100-95 1,185.25 2,0120179,80 27.30 OCTAL ExPENDITUPFS 2,7650566.00 81,954.98 0.00 454,100,95 1,485.25 2,012,143.00 21,30 REVENUE OVER (UNDER) EXPENDITURES 4 521,805.0C) 43,810.48 0.00 39,111.60 ( 1,465.25) ( 5590535.36) 4.21- .4' END OF REPORT .'.4 Wylie Economic Development Corporation Balance Sheet Sub ledger March 31, 2012 Notes Payable Date of Rate of Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance February 29, 2012 $5,265,960.41 Hughes(#68 of 120) 7/25/06 3,676.29 174,504.92 2,949.19 727.10 5.00 171,555.73 ANBTX (th7 of 60) 10/28/10 8,454.82 339,592.85 7,101.65 1,353.17 4,95 332,491.20 ANBTX-ACE (#8 of 180) 8/1/11 40,681.80 4,751,862.64 17,162.39 23,519,41 5.75 4,734,700.25 March 31, 2012 27,213.23 $25,599.68 $5,238,747,18 Note: Principal and Interest payments vary by date of payment. Wylie Economic Development Corporation Inventory Subledger March 31, 2012 Inventory-Land Date of Pur. Address Acreage Improvements Cost Basis Value Sq. Ft. McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath .12/28/05 706 Cooper 0.46 32,005 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Hughes 7/25/06 211 -212 Industrial 0.74 209,801 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 4,750 171,842.02 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77 Premier Plaza 8/26/05 Martinez Lane 25.00 n/a -639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 SAF-Holland 12/14/10 Martinez Lane 1.33 n/a -225,514.65 ACE Martinez Lane 22.44 96,000 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 53.88 576,808 122,825 2,296,512.37 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. *Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. *Should lease to term and not execute purchase option, WEDC liable to reimburse ACE for Holland property purchase ($112,500). VVYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF APRIL 2012 MONTH WEDC WEDC WEDC DIFF % DIFF 2010 2011 2012 11VS12 11VS12 DECEMBER $81,014 $103,687 $112;676 $8,989 11.10% JANUARY 91,593 100,999 118,175 17,176 17.01% FEBRUARY 153,281 158,204 171,759 13,555 8.57% MARCH 89,717 104,670 113,571 8,900 8.50% APRIL 89,119 98,463 115,114 16,650 16.91% MAY 144,953 158,379 JUNE 111,174 116,832 JULY 99,065 119,527 AUGUST 144,373 157,310 SEPTEMBER 98,102 123,153 OCTOBER 96,010 118,827 NOVEMBER 145,337 163,346 Sub-Total $1,343,739 $1,523,400 $631,295 $65,271 11.53% AUDIT ADJ TOTAL $1,343,739 $1,523,400 $631,295 $65,271 11.53% WEDC SALES TAX ANALYSIS . ..._.,. . ,_._. ... $180,000 ------ ..„„. $160,000 .; ;r-kd $140,000 _ ,. - rAV $120,000 - t lit $100,000 •.. A _ ®2011 I $80,000 a ;j 1-0 v t ■2012 I $60,000 z 7 $40,000 4 $20,000 - »' i $0 . r • _ 1 8 Rf f0 g d I6 2 7 7 1] 1 7 f0 Q - E 0 E 0 cis, II _ L Q i O o a fa) Z Wylie City Council AGENDA REPORT CITY OF WYLIE Meeting Date: May 8, 2012 Item Number: C. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: April 25, 2012 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2012-14, amending the Comprehensive Master Plan, including the Land Use Map of the City of Wylie. ZC2012-07 Recommendation Motion to approve Ordinance No. 2012-14, amending the Comprehensive Master Plan, including the Land Use Map of the City of Wylie. ZC2012-07 Discussion Section 211 .004 of the Texas Local Government C ode provides that zoning and c ertain of her 1 and uses and development regulations of municipal governments must be in accordance with a Comprehensive Plan. On July 27, 1999 t he gove rning body a dopted a C omprehensive M aster P lan t o s erve a s a gui de for 1 and use development. In 2006 the Land Use Map was revised and adopted. On March 6, 2012 the Impact Fee Advisory Committee, in accordance with Chapter 395 of the Texas Local Government C ode; considered and recommended amendments t o the C omprehensive Master Plan, L and Use Assumptions, Capital Improvement Plan and Impact Fees. The L and Use A ssumptions and Capital I mprovement P lan were ad opted by the pa ssage o f 0 rdinance No. 2012-13. All not ices a nd publ is hearings as r equired b y S tate L aw ha ve be en m et in r egards to t he Comprehensive Master Plan. In order for the 2012 City of Wylie Comprehensive Master Plan to take effect, passage of an Ordinance making the appropriate amendments; and providing a p enalty clause, a repeal cl ause, a savings cl ause, a severability clause, and an effective date is required. Approved By Initial Date Department Director RO 04-25-2012 City Manager MM 5-1-12 Page 1 of 1 ORDINANCE NO. 2012-14 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF WYLIE; 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, Section 211.004 of the Texas Local Government Code ("Law")provides that zoning and certain other land use and development regulations of municipal governments must be in accordance with a Comprehensive Plan; and WHEREAS,the City of Wylie, Texas ("Wylie") did, on May 24, 2005, in compliance with such State laws, adopt a C omprehensive Master Plan to serve as a gui de for land use development and regulations; and WHEREAS,the City Council of the City of Wylie, Texas ("City Council"), has determined that the Comprehensive Master Pan of the City of Wylie should be amended, through investigations by its Impact Fee Advisory Committee; and WHEREAS, Wylie has complied with all notices and public hearings as required by State law. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The C omprehensive Master Plan of the City of Wylie, Texas, be, and the same is he reby, a dopted, s aid P lan be ing de scribed i n E xhibit" A" 2012 City of Wylie Comprehensive Master Plan and Exhibit"B" Land Use Map attached hereto and made a part hereof for all purposes. SECTION 2: All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such r epeal s hall not a bate a ny pe nding pr osecution for vi olation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior t o the repeal of the or dinance. Any remaining portions of s aid or dinance s hall remain in full force and effect. Ordinance No.2012-14 Comprehensive Master Plan ZC2012-07 SECTION 3: 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 4: Any pe rson, firm, c orporation or e ntity vi olating t his 0 rdinance or a ny provision o f Wylie's Comprehensive Master P lan, as a mended, shall be de emed gui lty of a misdemeanor, a nd upon c onviction thereof s hall be fined a s um not e xceeding Two T housand Dollars ($ 2,000.00). E ach c ontinuing da y's vi olation unde r t his 0 rdinance s hall c onstitute a separate offense. T he penal provisions i mposed and er this 0 rdinance 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 5: This 0 rdinance sha 11 be come effective from and after i is adoption a nd 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, this 8th day of May, 2012. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION:Wednesday,May 16,2012,in the Wylie News Ordinance No.2012-14 Comprehensive Master Plan ZC20 12-07 2012 City of Wylie Comprehensive Land Use Plan CHAPTER 1 - INTRODUCTION 1 A. Statement of Purpose 1 B. Planning Area 2 C. Plan Overview 2 D. Existing Conditions and Future Projections 2 CHAPTER 2 -NATURAL SYSTEMS AND RESOURCES 4 A. Floodplains 4 B. Water Conservation 6 C. Wastewater 6 D. Implementation 6 CHAPTER 3 - LAND USE 7 A. Concept 7 B. Existing Land Use Conditions 7 C. Land Use Categories 8 D. Land Use Map 9 E. Land Use Plan Intensity Scale 10 F. Implementation 11 CHAPTER 4 —TRANSPORTATION 12 A. Purpose 12 B. Capital Improvement Projects 12 C. Corridor Plans 13 D. Transit-Oriented Development 13 E. Implementation 13 CHAPTER 5 —PARKS AND RECREATION 15 A. Primary - Vision Components 15 B. Summary of Existing Parks and City-Owned Park Land 17 C. Summary of Park Land Needs 19 D. Implementation 19 CHAPTER 6 —REDEVELOPMENT AND OVERLAY DISTRICTS 20 A. Purpose 20 B. Special Overlay Districts 20 1. Downtown Historic District 20 2. South Ballard Overlay District 22 3. Redevelopment Overlay 23 4. Lake Development Overlay 24 Back to TOC 2012 City of Wylie Comprehensive Land Use Plan 5. Healthcare Overlay 24 6. Entertainment District Overlay 24 7. 205 Regional Overlay 24 C. Implementation 26 CHAPTER 7 —ECONOMIC DEVELOPMENT 27 A. Purpose 27 B. Demographics 27 C. Business Center 28 D. Education 28 E. Implementation 29 CHAPTER 8 —HAZARD MITIGATION 30 A. Purpose 30 B. Planning for Mitigation 30 C. Principles of Mitigation 31 D. Hazard Prone Areas (Maps) 32 E. Implementation 34 F. Definitions 35 Back to TOC EXHIBIT "A" CHAPTER 1 INTRODUCTION Wylie is at a unique time in its history. Rapid population growth has expanded the City's population by nearly a 175% increase during the last decade. A sizable portion of Wylie is less than twenty years old yet the City is nearing build-out. With the last fully updated Comprehensive Master Plan having been completed in 1999, the change from extremely rapid growth to a pattern of slower growth and redevelopment demands a new long term vision for Wylie. A. Statement of Purpose In general, the Wylie Comprehensive Master Plan is developed to provide elected and appointed officials, City staff, and the citizens and business owners of Wylie with: 1. A statement indicating the form and direction of Wylie's growth and redevelopment. 2. A guide for decision makers within the City of Wylie as a resource for managing Wylie's economic and physical development. 3. An educational resource for citizens, business owners, and other stakeholders. In addition, the Comprehensive Master Plan establishes the basis for future zoning, zoning ordinances, and development decisions by the city officials. This document is intended to be the primary guide for the City. Additional plans adopted by the City of Wylie shall be consistent with this plan. The City Council, Planning & Zoning Commission, and other city agencies will use this plan to support the production of goals, objectives, and strategies. More specifically, this plan coincides with previously adopted development goals and provides the ability to: o Preserve and enhance significant community features, such as Wylie's downtown district and the proximity to the lakes. o Provide a plan which will expand the housing types and residential styles in Wylie, allowing for an 'age-in-place' and diverse community. o Protect natural and environmentally-sensitive areas as well as the remaining open space while making use of those areas for trails, bike routes and other connections. o Maintain and build upon Wylie's unique small town sense of community and identity. 2012 City of Wylie Comprehensive Master Plan 1 Back to TOC EXHIBIT "A" B. Planning Area Wylie is located about 30 miles northeast of downtown Dallas, the metropolitan center, and approximately 25 miles southeast of McKinney, the county seat. Wylie has a 2010 population of 41,427 and is approximately 95% built out (roughly 600 acres remain undeveloped or as crop/farm land). Wylie's anticipated build-out population is 57,000. In total, Wylie has 3,600 acres of floodplain within the City limits which constitutes 21% of the land cover in the city. The city is uniquely situated between two major lakes (Lavon Lake and Lake Ray Hubbard) which provide recreation opportunities and drinking water for much of the region. Also unique to Wylie is an older historic core surrounded by newer suburban-style subdivisions. The Plan will seek to take full advantage of all the City's unique assets. C. Plan Overview The 2012 Comprehensive Master Plan provides a vision for the future of Wylie and serves as a basis for future growth and planning activities that include City policies and issues related to land use, transportation, redevelopment, design, parks and recreation, and infrastructure. This document takes that past growth, future redevelopment, including health and safety standards, to produce the best possible decisions about the community's future. All development related applications should be reviewed in the context of the comprehensive plan. Annexations, zoning cases, and development agreements in particular should work to further the ideas espoused by the plan. Cases which are not discretionary, such as site plans and plats, should also be evaluated for their conformance to the plan. Ordinance changes which are necessary to keep development projects in line with the plan should be considered. D. Existing Conditions and Future Projections Wylie is currently a third-tier suburban city of more than 42,000 people covering about 33 square miles, of which 18 square miles consist of Lavon Lake. Within the next ten years Wylie's population is expected to grow to more than 48,000. While that growth rate is less than the 175% Wylie experienced in the last decade, it still represents an increase in population nearly twice that of the national average. Additionally, Wylie's commercial growth should continue to accelerate as the residential population has reached a point to self-sustain numerous and varied businesses. 2012 City of Wylie Comprehensive Master Plan 2 Back to TOC EXHIBIT "A" Comparing the following two aerial photos, one can see the large areas of urban growth that have occurred between 2001 and 2010. This illustrates the rate at which Wylie is quickly approaching physical build-out conditions. At the end of 2011, Wylie had approximately 5% of vacant or unplatted land remaining; meaning build out is vastly approaching. a • 2001 Aerial (Collin County maps) 4 • '- ° 2010 Aerial _ ` • Nr. `',`cam (City of Wylie maps) - P� 'ate.= -.F� .1..--_�•� 76 Itrn y k E _ ® ra Y rrw.:y D. if --Ed 0 =es i 2012 City of Wylie Comprehensive Master Plan 3 Back to TOC EXHIBIT "A" CHAPTER 2 NATURAL SYSTEMS AND RESOURCES As stated in the Introduction, Wylie has had rapid growth over the last two decades. However, it has been the growth in the last ten years that has been most impactful. Between the April 2000 Census and April 2010 Census, Wylie grew by 26,295 people (a growth rate of nearly 175%). When considering the average household size of 2.97 persons per household, Wylie has developed approximately 2,000 acres of land over the last ten years. With this much growth, it is imperative for the City and other stakeholders to consider the impacts on natural resources. Land to the northeast of downtown drains into Lavon Lake, while land to the south and west of downtown drains into Lake Ray Hubbard. There are also three large soil conservation service ponds situated northwest of State Highway 78. A. Floodplains There are 3,600 acres of floodplain existing within the limits of Wylie and its Extraterritorial Jurisdiction (ETJ). 21% of total land area within Wylie is floodplain. Four (4) main flood plains are present: one (Trinity East Fork River) adjacent to Lavon Lake and three (Muddy Creek, Rush Creek and Cottownwood Creek) which drain into Lake Ray Hubbard. The Muddy Creek floodplain is a dominant feature in Wylie's landscape, marked by dense trees and visible across the city's large open fields. To date, the City's Engineering Department has made good progress toward protecting these resources through the provisions made in the floodplain ordinance. It is important, however, to also ensure access is available through these areas by means of trail connections and that the very nature of these areas remains fully protected by means of limiting or disallowing floodplain reclamation. 2012 City of Wylie Comprehensive Master Plan 4 Back to TOC EXHIBIT "A" •'' crry°r'`'` kCL ltaka cY Q $46I ..p Winningkoff r �-5 Lavon Shores Y 309; Estates i�E;caar Park p mil 111 Lucas 326 n I Clear .ak• - Co II Bev • Hill I leer rib ir g _ , ke 1 Park L a v,.. , St Paul C a ' 101 � � ,irk W - join' rk - PM avan miiii Ile i 7 2755 d+wi5tf �l 11 V I is14 E -- Mill' ..4air - 011: -,8 -0 dCflre 3 k '� r + .t. t Q`. . • ' x' t 552.1 2 mi 4. I PIAasant I th.orru C. ..n 0,. DISCLAIMER 1i rns data rims deer°or-ivied fcr N City of Wyte. VariousEXISTING UL�OD PLAINS froa ndinor±I13I sources were uses gat rer:Ns i City of Wylie earn-non.Every e'r°t"as nails o ensure uie accuracy or:rw CITY OF WYLIE date,h .er. go tie a e g ren or Irrgl led as to the aauacy f cr sad data. i 2012 City of Wylie Comprehensive Master Plan 5 Back to TOC EXHIBIT "A" B. Water Conservation The dramatically-growing population and economic development of not only our City, but the entire DFW area as a whole has put constraints on our natural resources. This growth, combined with the 2010-11 drought, makes it imperative that measures are put into place to protect our most valuable natural resource —WATER. The City of Wylie has adopted a Water Conservation Plan that is consistent with that of the Texas Commission on Environmental Quality (TCEQ) as well as the North Texas Municipal Water District (NTMWD). With the concern of declining water levels of existing reservoirs, the 10% reduction in water uses adopted in 2011 is not enough when considering ongoing drought conditions. The Five Year and Ten Year Municipal Per Capita Water Use Goals of the Conservation Plan should be closely monitored to ensure consistency with TCEQ and NTMWD. In addition, the City should make continuous efforts to keep its citizens and businesses informed with up-to-date reports. C. Wastewater The Alanis Drive treatment plant was taken offline in 2009, and all flow was diverted to the Muddy Creek Regional Wastewater Treatment Plant (MCRWWTP). The Alanis plant can be put into service if the additional treatment capacity is necessary. Currently there is one treatment plant operating within the city limits and/or ETJ. These current facilities are adequate for some future growth and the plant will be expanded as necessary to meet the future treatment needs of the service area. D. Implementation OBJECTIVE 2.00: Abide by the North Texas Municipal Water District restrictions and conservation efforts. OBJECTIVE 2.10: City Staff and Elected Officials should continue to work with other municipalities and water suppliers to improve efficiency in water use. OBJECTIVE 2.20: Adopt Ordinances to allow for native and drought resistant landscaping. OBJECTIVE 2.30: Adopt Ordinances to protect and enhance natural tributaries. OBJECTIVE 2.40: Create and maintain a Floodplain Protection Plan which identifies the fully-developed, 100-year floodplain at build-out conditions. 2012 City of Wylie Comprehensive Master Plan 6 Back to TOC EXHIBIT "A" CHAPTER 3 LAND USE A. Concept This section of the Comprehensive Plan serves as the basis by which the City of Wylie will make all land use decisions. The Plan is used as a guide in determining where various zoning districts are placed on individual tracts of land. These decisions affect every stakeholder in the community: businesses, home-owners, government officials, even travelers and visitors. The entire Comprehensive Master Plan should be referenced when making any decisions about land use, not just one fragment of the plan. B. Existing Zoning Uses Development in Wylie originated in a logical pattern with early residential areas developing around the downtown area. 1. Existing Planned Development and Agricultural Zoning Based on the 1999 Comprehensive Master Plan, a majority of the City fit into two zoning categories combined. Agricultural and Planned Development made up approximately 62% of the zoning in the corporate limits; with agricultural nearly 55% and Planned Development the remaining 7%. Today, nearly 20% of total land is allocated to Planned Developments, while less than 10% is allocated to Agricultural zoning. 2. Existing Commercial Zoning Existing commercial districts in Wylie are grouped into categories of Commercial (retail and office), Industrial (manufacturing and assembly), and Institutional/Public & Semi-Public (churches, schools, and government facilities). Special Purpose and Overlay Districts also exist throughout the city. These special purpose districts include a mixture of residential and nonresidential uses often times housed in the same structure. Wylie includes several large areas of land zoned Heavy Industrial. North Texas Municipal Water District and the KCS Railroad Switching Yards occupy a majority of these areas, and are primarily located along SH 78 and Brown Street. 3. Existing Residential Zoning Residential developments are divided into three categories based on the approximate lot size for the majority of each subdivision as follows: Low-Density: Min. 1 Acre Single Family-Detached Dwellings Medium-Density: Min. 10,000 S.F. Single Family-Detached Dwellings High Density: Min. 3,000 S.F. Single Family-Attached Dwellings Min. 1 Acre for Multi-Family District Min. 2 Acres for Manufactured Home Subdivision 2012 City of Wylie Comprehensive Master Plan 7 Back to TOC EXHIBIT "A" C. Land Use Categories The Future Land Use Plan differs from that of the Official Zoning Map in that the Land Use Plan is not parcel specific, but very broad areas of land categorized into SECTORS. • Natural/Open Space Sector: These areas are the least intensive and should be protected and preserved in their natural condition as much as possible. These areas include natural areas, creek corridors, prairies, floodplains, and public/private spaces. Care should be given when projects are presented that are adjacent to open space and natural areas. • Sub-Urban Sector: These areas primarily include residential development of low to medium densities and shall also allow commercial development of very low intensity with the immediate neighborhood as the targeted customer. The Plan shall guide in the development of attractive, inclusive and cohesive residential neighborhoods that offer a mix of opportunities. • General Urban Sector: Provides for a wide range of opportunities to "live, work and play". The Urban area primarily supports the retail, service, office, light production and research and development uses. Some high density residential development may occur within the Urban Zone, provided that it is in a mixed-use type setting. • Urban Core Sector: This sector provides for more detailed and innovative projects than the Urban Sector as it preserves and replicates the historic character of Wylie, as well as builds upon a mixed-use type of development that creates a unique pedestrian-friendly atmosphere. 2012 City of Wylie Comprehensive Master Plan 8 Back to TOC EXHIBIT "A" D. Land Use Map Figure 3.1 LEGEND: - NaturaUOpen Space Sector 1 1 Sub Urban Sector - General Urban Sector IM Urban Core Sector N /�/ SCALE:1"-1000' / �/ �� its • f —■1�i7111--!III ur .,/ _emu... ., _llm diMMI Mll. ,D y/1111Pnu1■■4 Ii111T r`, o .,�3!L li lu,lk-%.., Lavon Lake ri" ' ' :1("Al ,A,,, ' ‘ rAIRENWEiiiii251 A 11 1el, 1 tl- �■ nnmi 11:1=` ' ± g _./ i~ , I'1�fII�1111111111��11 '� j" 111. iimstzll I•I I .■ ■�111111 ows 1■l1i �.a s ®/b/s• I I �I`r�l�rl�.J f I:MN.. 1IIIIII'ei 1 ��.;�r s, �t f �.vP`- i t p�r �.,,,/ ff 7i IF-- 5 1 .ate® Z.1 '-'1 �Y `=- ro;/ g, 5 �3t� III ■r-I =I- �/ - �51 ar L =:',..I i.�It My 5 z'sll �Illt ■ . eIIIIIIIIIIFa J � a YI -zz 4ir on....,7 1 _,411111:i;m4iEs. iiiiiiiiikingrett 1.16-______= atk!!"':4 •14. dr":3Ltij , _1.1911!_iiii itig*TitriggCsillri7 Fri( ;,---- -- 1,,,,k ix o, _ , lm1 \I 1 c 411111,11111111V 'i`�I� u� t. I�I .%I' a/�noon '" ./ 0 1 }�'�>t,llll 1 1 L K s�. n 1 II /1 1 fr/I 1 m i. III�III��^,IIIIIIIII 1 li 6... r.4 l — Y oTiolork,• ii, •—, � 11111111� s' / V� In MN N. v�. I �IIIIIIIIf r ° 1�I r If 1111 ■ I■� _ lY Ii■. 4 4'.0 �-*.�y� - IOW* �\ 4 YY A� 5 Iiif y :� — r p C7�oRWvc� �^ �� 9 ' CITY OF WYLIE NOTE:A Comprehensive Plan shall not constitute zoning regulations LAND 1l USE MAP or establish zoning district boundaries. at ttE 2012 • updated- 2012 City of Wylie Comprehensive Master Plan 9 Back to TOC EXHIBIT "A" E. LAND USE PLAN INTENSITY SCALE The Comprehensive Plan provides general guidelines for the appropriate location and concentration of development for the major types of land uses, and thereby, provides a basis for planning public services and infrastructure within Wylie and its ETJ. The Plan offers generalized criteria for the testing of zoning regulations and requests for changes in current use, as well as for evaluating newly arising issues and uses. Both the quality and quantity of public as well as private development can be directed by the Intensity Scale, in order to determine how best to utilize Wylie's only nonexpendable resource —our land. The following figures provide criteria for allocating residential, commercial, industrial and public land uses within the Comprehensive Plan. Application of these criteria will assure the suitability of future land development patterns to achieve the common goals of both the public and private sectors. Figure 3.2 Natural Sub-Urban Urban Urban Core r � ti Least Intense Most Intense Figure 3.3 Natural Sub-Urban Urban Urban Core Parks Single Family Residential Multi Family Residential SF Residential Golf Courses Multi Family Residential Commercial Corridor MF Residential Trails Neighborhood Services Light Industrial NS CC Least Intense Most Intense 10 2012 City of Wylie Comprehensive Master Plan Back to TOC EXHIBIT "A" F. IMPLEMENTATION OBJECTIVE 3.00: Protect land that will integrate with the agricultural flavor and rural character of Wylie. These areas should contain single-family dwellings on a minimum of 1 acre lots. OBJECTIVE 3.10: Initiate proper zoning that would set aside land to encourage professional facilities and to expand upon and support the business environment. OBJECTIVE 3.20: Explore and pursue the expansion of the ETJ in order to protect boundaries and ensure quality development in and around Wylie. OBJECTIVE 3.30: Evaluate opportunities to provide services to persons interested in developing property within our ETJ. 2012 City of Wylie Comprehensive Master Plan 11 Back to TOC EXHIBIT "A" CHAPTER 4 TRANSPORTATION A. Purpose The Transportation section of the Comprehensive Plan is a guide to supplement the Thoroughfare Design Standards and to implement the provisions of the Subdivision Ordinance in an orderly, safe, healthy and uniform manner and to put in place safeguards that will promote consistency with long range development plans within corporate city limits and in the City's ETJ. Roadway segments in Wylie are classified as principal 6-lane divided, principal 4-lane divided, or 4-lane undivided. In general, SH 78 is the angular roadway that divides the city into two halves. Most if not all, other roadways run north-south or east-west and are spaced approximately one mile apart. Existing principal divided roadways such as SH 78, FM 544, FM 3412 (Brown Street) and FM 1378 (Country Club Road), connect Wylie to other regions of Collin and Dallas Counties. B. Capital Improvement Projects Commonly, roadway infrastructure develops as the land develops. Wylie has seen tremendous land development since the last update of the Comprehensive Plan in 1999. With new subdivisions continuing to be added within our corporate limits, major Capital Improvement Projects have been undertaken which total approximately $85 million in construction cost. The Texas Department of Transportation (TxDOT) funded $12.8 million for the expansion of SH 78 from President George Bush Turnpike (PGBT) to Spring Creek Parkway. TxDOT is also scheduled to improve SH 78 from Spring Creek Parkway to State Highway 205 at a projected cost of $16.4 million. These improvements will greatly improve travel time from our southern boundary to our far eastern boundary at State Highway 205. It is important to consider future land uses and how they will impact and enhance our major corridors and gateways to the city. With the opening of PGBT (190) through to I-30, it is important that we continue to strengthen our infrastructure to efficiently bring traffic from the south into the city, particularly along Ballard Avenue. This portion of roadway is funded through 2007 County bonds of $5.4 million with a projected construction cost of $4.1 million. The expansion of Stone Road (FM 544) will also provide another route from the south. Parker Road (FM 2514), while mostly located outside of Wylie, is a major east/west route to US 75 in Plano. Expansion of this roadway by TxDOT is scheduled to begin in 2014. The project also includes the realignment of the Parker Road/Country Club Road intersection which will eliminate an inefficient intersection layout. 2012 City of Wylie Comprehensive Master Plan 12 Back to TOC EXHIBIT "A" C. Corridor Plans The two major corridors through Wylie, SH 78 and FM 544, are reflecting the pressure for quick commercial development and redevelopment. The quality of development, urban design image, compatibility, and sustainability with adjacent neighborhoods along these corridors will be the most significant image of the City for both residents and travelers through Wylie. Integration of every aspect of the Comprehensive Plan is vital when considering land use along these major corridors and how it impacts traffic circulation. In 2001 Wylie was successful in working with Kansas City Southern (KCS) Railroad to have the railroad track running parallel to SH 78 removed which resulted in the closure of twelve crossings. This major accomplishment aided in stimulating high quality redevelopment along Wylie's major corridor. There has been over 123,000 linear feet (LF) of roadway completed since 1999, with a total of 92,050 proposed over the next ten years. D. Transit-Oriented Development Transit-Oriented Development is defined as a mix of land use activities consisting of residential, office, retail and entertainment creating a walkable neighborhood located near a transit facility station. A Transit-Oriented Development (TOD) District should be studied as a possible overlay component along the existing Dallas Area Rapid Transit (DART) line. Although DART is not presently operating in the City of Wylie, areas surrounding the existing rail line should be studied and set aside to compliment a possible transit system. The overlay zone would allow mixed-use development, including but not limited to retail and residential uses within the same structure. E. Implementation The City of Wylie has adopted the 2004 version of the North Central Council of Governments (NCTCOG) Standard Specifications for Public Works Construction together with the Special Provisions to the Standard Specifications. These documents combined with the outlay of the Comprehensive Plan would afford the opportunity to position the City to retain economic viability and implement the following recommendations: OBJECTIVES 4.00: Provide the highest-quality, safest, and most-efficient system of moving people and goods within and through Wylie. 2012 City of Wylie Comprehensive Master Plan 13 Back to TOC EXHIBIT "A" OBJECTIVES 4.10: Provide a system that directly responds to and reinforces the land use plan. OBJECTIVES 4.20: Update the Thoroughfare Plan to place emphasis on access to land surrounding the lakes to encourage lake-oriented development. OBJECTIVES 4.30: Lake Shore Drive — shift the "loop" of the existing Thoroughfare Plan eastward to open access for lake-oriented development. OBJECTIVES 4.40: Ballard Avenue — Consider City ownership to enhance redevelopment and reinforce the Downtown Historic District. OBJECTIVES 4.50: Provide a regional system for moving pedestrians and bicycles, which connects to existing and planned systems. OBJECTIVES 4.60: Provide a vision for major corridors which increases quality, development standards, sense of place, and circulation access. OBJECTIVES 4.70: Provide a system of circulation management that will control the number of curb cuts and access into a property on the major highways. OBJECTIVES 4.80: Encourage redevelopment and aesthetic quality of the corridors to more closely reflect the quality of life offered by Wylie. OBJECTIVE 4.90: Study the feasibility and impact of a DART rail station. 2012 City of Wylie Comprehensive Master Plan 14 Back to TOC EXHIBIT "A" CHAPTER 5 PARKS AND RECREATION This chapter presents a summary of the general themes and key recommendations of the 2010 Parks, Recreation and Open Space Master Plan. The plan recommends a series of actions to improve and expand Wylie's park system, recreational opportunities, and quality of life. Those recommendations stem from a vision outlined in the Parks Master Plan (fingers of green, embrace the lakes, and diversity, choice & image) and address acquisition of park land, general improvements to existing parks, the development and provision of recreation facilities, operations and maintenance, and City policy. The recommendations should be implemented or initiated over the same general life of this Comprehensive Development Master Plan, which covers the next five to 10 years. Many of the goals of the recommendations within the Parks Master Plan are similar to those goals of the entire Comprehensive Plan. A. Primary Vision Components Because Wylie has little undeveloped land available, it is crucial to put in place policies that will allow the acquisition of land and build upon Wylie's overall park system. The following components serve as the overall vision and driving force behind the entire Parks & Trails Master Plan(Fig. 5.1), by which recommendations and priorities are developed. • Fingers of Green — Take advantage of the unique open space opportunities in Wylie, specifically the floodplain corridors along Muddy Creek, Rush Creek, and other creeks within the city. Protect these areas and provide access to them through trails and linear parks. Become a bicycle- and pedestrian-friendly community and provide a first-class regional system of trails that connects schools, neighborhoods, parks, jobs, shopping, and civic areas as well as providing access to neighboring cities and Lake Ray Hubbard and Lavon Lake. • Embrace the Lakes — Become the "City Between Two Lakes". Wylie is the only city in the Dallas-Fort Worth Metroplex that is directly situated between two major lakes. Embrace the lakes because of their recreation and open space values as well as their ability to further enhance the image of Wylie as a unique destination. • Diversity, Choice &Image—Create a community that provides Diversity, Choice, and a refined Image for its residents while also protecting the small-town character of Wylie. Varied opportunities should be afforded for citizens of all ages to live, work and play in Wylie. Self-sustainability and age-in-place achieves continuity from generation to generation. 2012 City of Wylie Comprehensive Master Plan 15 Back to TOC EXHIBIT "A" Figure 5. 1 Parks& Trails Master Plan ii r)k ? - ihui!IIhII IhiiIi .te1 ___,... ,, • atIfllb/l7:7?t ■ as;11;1 .. lip 1114 )F.j 1•6.--'-'.% 'gr.i.‘.,.. _..,v1 p N 4 ri c"' i 1 1 s ---) •) . 4 gl - hi 1/i a. , 111 ill .... thii„..... iiiii:16.431. - 1 1 li . 1 .\ • .... ._. _, :.., , , ,, ,,, COI ) LI- ,. , r o E 11 ...I Cam. _ ` - J y a • �^ a � - / ±4" . __a au . fr- ,.,,,- . 11 . ii,:di, -....,: i u) t r...- _ a T. , • fir , bile MC i II J s _ l - ' i J i ,.....--;p- ry : 1*. ..: LL lic '.\ '�� 3 _2012 City of Wylie Comprehensive Master Plan 16 Back to TOC EXHIBIT "A" B. Summary Of Existing Parks And City-Owned Park Land In total, the City of Wylie maintains over 663 acres of park land which constitutes sixteen (16) neighborhood parks, two (2) community parks, two (2) special purpose parks, five (5) open space & nature area preserves, and the Dallas County-owned Muddy Creek Preserve. (Fig. 5.2) In addition to land owned and maintained by the City, other park lands exist in Wylie, most notably the U.S. Army Corps of Engineers (USACE) parks on the shores of Lavon Lake. Considering the sum of City, County, and USACE owned parks within the contiguous city limits, there are over 1,000 acres of park land in Wylie. Hike & Bike/Equestrian Trails There are seven miles of hike and bike trails and five miles of equestrian trails in Wylie. Many of these trails pass through neighborhood parks or open space and nature area preserves. Recreation Facilities The Wylie Municipal Complex houses a 40,000 square foot recreation facility which opened in 2011. The Center provides various activities from Childcare to Zumba. In its first quarter of operations, over 3,000 memberships where sold. The Center should continue to expand and provide a variety of activities for the City's growing population. The Bart Peddicord Community Center is located in historic Downtown Wylie in a former Post Office building. The center is approximately 4,000 square feet in size and is located on a 1/3 acre lot. The center is currently used for City recreation programs, senior center uses, and is available for rentals. A future Senior Center is proposed for 800 Thomas Street which was formally the Rita and Truett Smith Public Library which was vacated in March 2011. The new Library is now located at 300 Country Club Road, Bldg. 300 and consist of a 41,000 square foot facility. Undeveloped Parks In addition to all of the land mentioned so far, Wylie has over 323 additional acres of undesignated land uses. This includes the 253 acre Municipal Complex Property (of which 19.67 acres are occupied by the new City Hall, Recreation Center, and Library; a master plan for the remainder of this property is being developed as part of the Parks Plan project). 2012 City of Wylie Comprehensive Master Plan 17 Back to TOC EXHIBIT "A" Figure 5.2 Existing&Proposed Parks V 1,4 I 1 i Ilt\ f# ICI' ilif iii/1111 G \ „. rsria9iaa izrar. • t11�saaaa . z —C 114.-711 . . fill /Pi at --___ID _ _____-1 11011 V---- f - /II ( ii."--, . „ip- , 3 , _ , . l ''''' ill ill ,... 4 jTT .� 1 -* ' : eV a 11 Mir 41 1--: . i, CI AL- r illpr. 40 L,f es,Pr14 .* .' \' V,'fiot w - r .....--- _ . . iprr- . _•4', - AICMI=r y + r O j r 0 f 54 r ,. .. - ' kW', . . .1 `11" 0.2..— + _ ` j. ,p Vr* 1.1 ..)F ,-, 3 idi /11.4 . , ,i, • ! I -01; . - \ ‘—tt 111 18 2012 City of Wylie Comprehensive Master Plan Back to TOC EXHIBIT "A" C. Summary Of Park Land Needs An ideal Park Service Area is for all residential areas to be within 1/2 mile of at least one neighborhood park and 1 mile of at least one community park. As illustrated in the Parks Master Plan, there is a need in Wylie for 387 additional acres of park land (acquired by the City or dedicated during development)to meet the needs of the assumed year 2035 build-out population (57,056) and to meet the target Level of Service established in the Master Plan of 20 acres of park land per 1,000 population. Additionally, there is a need for 10 to 12 new neighborhood parks and four (4) new community park sites. As such, the small deficit at build-out for neighborhood parks (eighteen acres) should not be interpreted as there being no future need for additional neighborhood parks. D. Implementation These recommendations stem from the vision outlined above (fingers of green, embrace the lakes, and diversity, choice & image) of the Parks Master Plan, and should be implemented over the next five to 10 years. OBJECTIVE 5.00: Improve bicycle, pedestrian, and vehicular access to and from these parks. OBJECTIVE 5.10: Expand upon the amenities in each park and improve the overall quality of the parks. OBJECTIVE 5.20: Increase amenities and the opportunity for hike/bike and equestrian trails OBJECTIVE 5.30: Enhance the visibility of the parks as a key part of Wylie's character, image, and urban form. OBJECTIVE 5.40: Provide Physical and Visual Connection to the Lakes. These lakes are a valuable resource for Wylie and should be protected and celebrated as a major and unique component of the character and marketability of the City. OBJECTIVE 5.50: Utilize Wylie's vast floodplain system to provide effective parks and open space with pedestrian linkages. OBJECTIVE 5.60: Become part of a larger open space network (i.e., adjacent County trails, etc.) 2012 City of Wylie Comprehensive Master Plan 19 Back to TOC EXHIBIT "A" CHAPTER 6 REDEVELOPMENT AND OVERLAY SECTION A. Purpose Wylie's population is 41,427, based on the 2010 Census. The amount of available land for new development is decreasing. Figure 3.1 in Chapter 3 indicates that there is less than 5% of vacant land available for new development. It is imperative that redevelopment processes are put in place. The Downtown Historic (DTH) and South Ballard Overlay (SBO) Districts will require special zoning that is unique and viable to the area; while others are sited as Redevelopment Areas that may require innovation to promote reinvestment, revitalization and reuse. B. Special Overlay Districts 1. Downtown Historic District — The focus of this district is to preserve the historic character of Wylie's 100 plus year old downtown while enhancing its marketability which can serve as a stimulus for economic development of the SH 78 Corridor. A detailed plan should be maintained to assure its continued viability, to protect existing viable residences and businesses, and to strengthen its critical role in the City. See figure 6.1 As redevelopment is taking place within the boundaries of the DTH, consideration should be given to expanding the boundaries west to incorporate properties west of the railroad tracks. Part of the consideration should also include what role a potential DART rail line could play in enhancing the DTH character. Consideration of the viability of creating a Downtown Historic District Committee (DTHC) for the purpose of reviewing and recommending an action to the City Council of proposed new construction or substantial renovation, revisions to the ordinance, and planning efforts to fulfill the purpose of the Downtown Historic District Ordinance and to consider future amendments and long range goals of the District. 2012 City of Wylie Comprehensive Master Plan 20 Back to TOC EXHIBIT "A" Figure 6.1 Downtown Historic District 1410 - r �, 'IF 411 4z5 417 r 4 r I 415 J iii -111 iL! / { IMI �1i 14: 5¢9 110 ! ,�~ 507 I a _L 400 , 1 RS .Y CT w ri----\L a08 a9" I L 3!.1 al:, ,lir, 40 111 11.i L. - W.Btiow�!'ST -- — ..... . NIPWROvw+l sr 2 3.15 3QB t .iQ� -1 H 300 iTF 301 E h N - RSONST° - T4 I 1 219 209 3033__ f '-, 200 ! 2134 �12 20] S ' a .' f w 31 130- r , 110 ' 114 UMIi r .t2 — 1 �e. 'i •�r.0-r All - - z •— il s� - , z Mr' ,03 1s75 — dart ST� ' ya .LEM m 1� I in ad �I _. TES y ,1fi — — F �w 292 h I 1 111 I. L ,, 1IF , _ fA i2 O • LC . f 14, i� cc 2hD 5 .. 200 i INDUSTRIAL CT r _ I J: 1 `1•=i I -1 9 ^�.-BUTLER$T!- -hII �E-BUTL1 . , ../ „Ala 1 • 2012 City of Wylie Comprehensive Master Plan 21 Back to TOC EXHIBIT "A" 2. South Ballard Overlay District — The long-range plan of the SBO allows for a mix of residential and non-residential uses and may be located within the same structure in order to promote a balanced and sustainable mixed-use environment. Regulations and guidelines are outlined in order to create a unique character specific to the boundaries of the SBO. These guidelines include but are not limited to design standards that regulate street and sidewalk standards, types of mail boxes, building placement and alternative parking materials. See figure 6.2 Expanding the SBO and providing incentives should be considered, when possible to assist with the assembly of land parcels to help facilitate a more cohesive development. Figure 6.2 South Ballard Overlay District ' tar/ 1 .•. 1 ,.. i •• "1- 1 [ F ` . r 1 1 • [ F I r 1 • [ 1 I 1 _ A Ara u 1 I 1 [ ;•r.v... I 1 [ [ 1 1 I 1 *Wo I 1 F � r*M'�+ur r.• 2012 City of Wylie Comprehensive Master Plan 22 Back to TOC EXHIBIT "A" 3. Redevelopment Overlay - These areas are those neighborhoods that are part of the Accountable Communities Through the Involvement Of Neighborhoods (A.C.T.I.O.N.) Plan and represents the views of all stakeholders that make up a community. The plan should identify the neighborhoods strengths and weaknesses and establish goals for improving the neighborhood. As time passes and as neighborhoods undergo improvement and become more viable, the A.C.T.I.O.N. Plan will continue to be updated and approved by the governing body. See figure 6.3 Figure 6.3 NeighborhoodA.C.T.LO.N.Plan awn ma-aa lot tit A u .u .Il .�IIrILL#im- I .. r I A., . . - --- 1 . ..4 Mil.„, �- it lii.�� r ...,...„.1.,• feiirii Cviz 4••••••„ �iIilott _.___ � v " p,.. rimImo_ := #op 1111111111111• 1rk i17l� r �:�Y„ ,- auEt:-�C =''a' !Winn ww 7*f11111111I1111 -i ` ^ N''.. • 0 �♦ro ....11., � dl IPA rn 1 :"all u 1 I, r�11111�Immi1`■■a 7 '51• r 2 1111111111111111111�`Z '� L,im `tin Illlllll _ ,`�.11 lilli111111111111111j`� M -- �- �i �: - 40 -. O EF_,e giz I a-AEA ' own '� .;. , • �1 a`�i55 ,.2_I<�7+—r f11110`10 1_i111_r 1 ,,�`1 imp r4 E�Elli Eli 111.,BIM .l... ,R! Hitt. a r r-Q0,p an�I��a- s11111 ‘,„ ,p, 'Nolo :5===IMEIE::-.1..Ea 2 6,_mull t VI Ilia m' 36� \i�■.,:;mmImmmm.'� EN:: ��!i1 IV 1'S C 2_ mm -- .- 4- �-- !..m.eAr as�: 111,1-p==.!=i- 5'l •Z= NA f•► lYaiiaalaaas Cai:'a lima**MENE'` n,tint-':' r. 1 mi ...iws `7. rip11;`'"� 1111IVIII.PPI 1 1�t1'gamut'swim p.�� L ► ! iln I 1► �_ r I ,-IIIt%i hh1 ■ - �11I11111111 w�E I. �, Ell LEGEND 1 RussellAddtilon 9 Butler Addition 2 Blown&Bums Addition 10 Lavon Terrace Addlton 3 Keller's Second Addltln 11 Fairview Addition 4 Keller's First Addition 12 Bostic Addttian 5 Railroad Addtion 13 Wy1waod AddMon d Calloway Addition 14 Eldridge Addition 7 South*ide Addtion 15 Caldwell Estates Addiiorr � 8 J.M.ButlerAddltlon 16 I-laiday Terrace Addltlon m[ CITY OF WYLIE CrrY UEE' YLIE A.C.T.I.O.Ni. MAP a,TE: FEBq„NR7 Zoo, REVrSED MTE, 2012 City of Wylie Comprehensive Master Plan 23 Back to TOC EXHIBIT "A" 4. Lake Development Overlay — The concept of lakefront development brings attention and focused quality development to the water's edge. Various types of water-related uses should be considered and planned in these areas specifically where lake views are maximized. Tourist activities, retreat areas, and convention facilities can also be accommodated in lakefront development. See figure 6.4 5. Healthcare Overlay shall utilize the existing assets to promote the establishment of a key medical facility in and around the current Bariatrics Care Center, more specifically those lots within the E.C. Davidson Survey Abstract 267, including but not limited to Tracts 6, 41, 44, and 45 and parcels along FM 544. Although major medical facilities are operating at Renner Road and SH 190, Wylie should press to become a hub for related medical services in support of such major facilities, including but not limited to magnetic resonance imaging (MRI), sports clinics, emergency care and testing laboratories. See figure 6.4 6. Entertainment District Overlay: The ED Overlay is intended to provide a sustainable mix of cultural uses and activities that promote an aesthetically attractive environment that boost revitalization for work and play and that is cohesive to the outdoor environment. See figure 6.4 7. 205 Regional Overlay: Although the city does not have authority to zone property within the ETJ, we should begin regional thinking in regards to future land uses. The Future Land Use Plan shall designate the 205 Regional Overlay District from the centerline of FM 205 west to the eastern city limits boundary and shall include 500 feet north and south from the centerline of SH 78. The provisions of the 205 Regional Overlay District shall apply to all properties fully or partially within the defined area. This overlay district is the primary eastern entrance into the city and should focus on bringing varied commercial retail to the area to support the growing population eastwardly. See figure 6.4 2012 City of Wylie Comprehensive Master Plan 24 Back to TOC EXHIBIT "A" Figure 6.4 Special Overlay Map -To VIIIIPir 11! ate., �_ la. 4 .. il I. 4 1.. 112ad / A 1 r.....„. Ill , ,..,. I � iiiir PPE " A V 1, . ii, "Iv .1 . 5,,, . ik wi,miv 1,1 ii, Aff -'ll"=IL�I�1111111111= `� L E mgep LJ a liiiiII{a�� I,-I■Illll�lil■ —oel PI Iiiiif r . T OIPIrr'77.:77:-Rill I trii7L:PI; 1iiiii ''ll L L�sr ;... •• _ ;III ,.�e_r c l x.f' c r:. ,I .,-.till imie- 1 1 1ai1ii•*� 1- 4+111 . r■ --.. �lilllll'"_.III.. .F.-:— — _Je ' _ 11.1 Li-Y E. u. � rilif..:- BM:- o I nritirmni i ti F � !I�Mfr� I.Y. I aT '' CI=_ ��iM:1 ..p.. L i { LEAEHa in ■ •. •n I 1 , FR .. e - .� iy di � • rir m lill rNi I � 1 i�NI IfliIL r�44,11. — [ � amoa 8 Hamm. ' - Arp it A ,,, ._4I, („), Fa* _ EnterUnrientDISVICI 11E4,5Anal� • ��1f��`��; it -i !II■I s�TY%v A.. A OnErlar• °I _ Ir aE.:... •II■mni.iii.-- r.lYr Ill A ". WylicLSsyLim ...:..:::: `i!-1It . ' 1j wrliein _ ma�yy''.. rllllllll- I L"`'°°c`n��`m � it r•— 1 -'oi [txkw�Cl FT! I1fib ' �' _ jimw_iii 4\� '6 4I r•:� r� l - r Garland ET -- I 11 .Z'evuls ETA '1■ 1 .III.. 4 *4 b.. ''1 � I - • r City of Wylie I .-4 - . OFFICIAL BOUNDARY MAP 11 f•, \ .a Om*w _11=Ma 2012 City of Wylie Comprehensive Master Plan 25 Back to TOC EXHIBIT "A" C. Implementation OBJECTIVE 6.00: Create a DTH Review Committee consisting of seven members including; three representatives of the Downtown Merchants Association (DMA), and four citizens at large, one of which could be a member of the Wylie Historic Society to be appointed by the City Council. The Planning Director or his/her designee would serve as the City Liaison. OBJECTIVE 6.10: Implementation of a complete streets program to enhance the walkability of these areas and to make it a safe place for cars, bicycles and people. OBJECTIVE 6.20: Execute public right-of-way abandonments to promote alley improvements. Such improvements would be instrumental in creating connectivity and walkability. OBJECTIVE 6.30: : In order to promote the lake fully as an entertainment overlay district, modification to existing Thoroughfare Plan is required. OBJECTIVE 6.40 Establish design standards for development in lake front district. OBJECTIVE 6.50: Encourage and facilitate quality development with a focus on recreational opportunities, entertainment, and quality of life. OBJECTIVE 6.60: Increase active communication with Corps of Engineers. 2012 City of Wylie Comprehensive Master Plan 26 Back to TOC EXHIBIT "A" CHAPTER 7 ECONOMIC DEVELOPMENT A. Purpose This facet of the Comprehensive Plan focuses on policies and procedures that strive to implement an aggressive economic development process to help existing businesses relocate and expand. In addition, the plan is designed to aid in attracting and expanding Wylie's industrial parks. It is expected that significant impact will occur with the widening of SH 78, FM 544, Brown Street and Country Club Road. These thoroughfares will bring traffic to and from all points into the city of Wylie to provide economic opportunities and establish varied retail, commercial and industrial uses. A primary goal of the Economic Development section is to promote and maintain a close working relationship between the City, Wylie Economic Development Corporation (WEDC) and the Wylie Independent School District (WISD). In addition, the plan sets out to create a sustainable business community. B. Demographics What began as a small Texas town established in 1886 and incorporated on November 8, 1887, the City of Wylie has become one of the fastest growing communities in North Texas. With expanding transportation, infrastructure, school system, and aggressive financial assistant packages, Wylie is proving to be a very attractive option for new and expanding businesses. With its roots firmly entrenched as a local rail destination, Wylie has grown over the years to continue to adapt to changing times and technologies. Significant growth for the city began in the 1970's. The 2000 Census marked Wylie's population as 15,132. Since that time, Wylie has seen significant growth in residential development. Residential permits issued between 2001 through 2010 averaged 921.5 per year. Although Wylie is seeing a slowdown in large residential subdivisions, it has still fared well in comparison to its neighboring cities. In 2005, Wylie was distinguished by the Dallas Business Journal as one of the Top 50 "Best Places to Work" in the Dallas-Fort Worth Metroplex. Again, in 2011, the City of Wylie was voted as one of the top 20 "Best Places to Work" in the Dallas-Fort Worth Metroplex. Wylie has also been recognized for maintaining the lowest crime rate in Collin County for cities with a population greater than 10,000. In 2007, Matt Woolsey of Forbes.com, wrote in his article, "America's Fastest-Growing Suburbs", that based upon a percentage of growth from 2000 to 2006, Wylie was rated 8th in the nation with 109.3% growth. Projected growth through year 2035 estimates a population of over 57,000 or an increase of 37% from the current 2010 Census count. 2012 City of Wylie Comprehensive Master Plan 27 Back to TOC EXHIBIT "A" Located within the North Texas Telecom Corridor, Wylie has excellent access to an array of up-to-date technology and technology infrastructure. Wylie is also one of the few cities in the nation to offer fiber optic transmission lines direct to the home to provide enough bandwidth to cover the future needs for many years to come. Currently these fiber optic lines installed by Verizon provide high speed data transmission (up to 30mbps), on- demand television service, and telephone service. C. Business Center With the removal of the railroad tracks along SH 78 and the widening of SH 78, Wylie has the opportunity to undertake an urban design plan that promotes an enhanced streetscape from FM 544 to SH 2O5. Again, this type of enhancement will aid in promoting economic development along Wylie's major corridors. Wylie's largest private employer base to date is Sanden International, headquartered in Wylie with approximately 275 employees, and 450 employees between all U.S. facilities. A major part of enhancing the viability of Wylie's economic base is to promote Wylie as a major economic center and create a unique community identity which highlights the best of Wylie. Attracting quality retail development will enhance shopping opportunities in Wylie and meet the goods, services, and entertainment needs of the market area. D. Education Public education in Texas is provided by Independent School Districts (ISD) and is not governed by the City, but is self-governing. ISD's are their own taxing jurisdiction and sets their boundaries that overlap city limits and in some instances county lines. Although the city limits fall within Collin, Dallas and Rockwall Counties, the Wylie Independent School District (WISD) boundaries are all within Collin County. WISD serves Wylie residents as well as students residing in Lavon, Lucas, Murphy, Sachse and St. Paul. WISD employs nearly 1,900 teachers, staff and administrators serving more than 12,000 students. With an ever changing global economy, the City must continue to reach beyond its physical boundaries and establish new opportunities to meet the need of a changing generation. It is imperative for the City, WEDC, WISD and other stakeholders to expand upon programs such as "Wylie Works" that includes the Small Business Reference Center and other online resources that provides advanced training to meet the necessary skills and knowledge to prepare our citizens for the future. Currently there are no higher educational facilities within the corporate limits of Wylie. However, Collin College, and the Dallas Community College District are nearby and serve our current population. 2012 City of Wylie Comprehensive Master Plan 28 Back to TOC EXHIBIT "A" 1. Collin College is the only public college within Collin County and offers more than 100 degrees and certificates in a broad range of disciplines, including continuing education credits. 2. Dallas County Community Colleges are individually accredited by the Southern Association of Colleges and Schools Commission on Colleges to award the associate degree. In addition to regional accreditation, numerous instructional programs have earned accreditation from national and state agencies, industry councils and/or professional associations. 3. In September 1969, The Southwest Center for Advanced Studies became The University of Texas at Dallas (UTD) and is a member of the University of Texas System. UTD offers 130 academic programs across its seven schools, and is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to award baccalaureate through doctoral degrees. A shared vision as well as the sharing of information between the city and education providers is essential in order to accomplish the goals of the Economic section and make Wylie a comprehensive sustainable community including both public and higher education opportunities. E. Implementations OBJECTIVE 7.00: Adopt an aggressive economic development process to help existing industrial park tenants to relocate from Wylie's major linear corridors: FM 544 and SH 78. OBJECTIVE 7.10: Promote "innovation zones" whereby research and industrial uses may intersect and benefit from close proximity of each other within a campus type environment. These areas include such users as innovation-based companies, high technology, biomedical, renewable energy research and similar. OBJECTIVE 7.20: Promote multi-tenant development with flexible office space and common amenities. OBJECTIVE 7.30: Work closely with Wylie Economic Development Corporation to promote Wylie and encourage quality retail development. OBJECTIVE 7.40: Continue to perform and promote facilities planning for various educational sites throughout the city. 2012 City of Wylie Comprehensive Master Plan 29 Back to TOC EXHIBIT "A" CHAPTER 8 HAZARD MITIGATION A. Purpose The Federal Emergency Management Agency (FEMA) requires that all municipalities and counties have a pre-disaster mitigation plan in place. This component of the Comprehensive Plan correlates with the City's Emergency Management Plan and focuses on policies and procedures that strive to address hazard avoidance and mitigation in Wylie, and to reduce the vulnerability to damage, injury and loss of life and property. Although it is impossible to cover every facet or situation of a hazard, this chapter should be used as a guide in hazardous awareness. Mitigation is defined as sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the costs of disaster response and recovery. Integrating mitigation concepts into the Comprehensive Master Plan results in a permanent implementable plan in the community's development process; including all aspects of pre-disaster preparedness and post-disaster response. B. Planning for Mitigation First, the choice of any mitigation approach should be based on a thorough investigation of each site in order to evaluate all pertinent characteristics of a specific hazard. Hazards do not recognize political boundaries — areas covered by the plan must appropriately relate to hazards — multi-jurisdictional and regional planning can be a most effective approach to reduce area-wide vulnerability problems. While Collin County Local Mitigation Strategy has identified Flooding, Dam Failure, and Wildland Fires as Natural Hazards that have potential to cause damage countywide, the City of Wylie has taken it a step further to address the situation at the local level. The current zoning ordinance, building codes and subdivision regulations are means whereby we can place safeguards to protect the built environment. Such measurements include but are not limited to prohibiting one way in and one way out of neighborhoods in order to provide clear access in the event of an incident or disaster, limiting the number of contiguous residential structures that can be built without a break. In addition, these same tools impose construction standards on what are allowed and acceptable materials in hazard areas. Creating buffers for certain hazard prone areas can play a vital role in planning for hazards. For instance, zoning codes require landscape buffers; masonry/screening walls as well as other mechanisms not merely for visual purposes, but these same buffers can be instrumental in protecting adjacent properties from damage. Buffer placement and width should be determined by physical characteristic of the subject property and should be widest where the potential for damage is greatest. Special attention should be given to Wildland/Urban Interface type facilities when such facilities 2012 City of Wylie Comprehensive Master Plan 30 Back to TOC EXHIBIT "A" are located adjacent to homes and other structures. Mitigation planning involves not only public safety, but the city as a whole. The local government should continue enacting and enforcing building codes, zoning ordinances and other measures to protect life and property. Variance request that add to the vulnerability and risk of the community should be heavily scrutinized, especially when reduction of setbacks are part of that request. Designating high hazard risk areas for recreational or other low-density uses and preventing the construction of residences, businesses and public buildings in areas designated as Natural/Open Space Sectors according to the Land Use Categories of Chapter 3 will aid in the preservation of open space as well as create a protective barrier for other areas of the city. C. Principles of Mitigation Principles for hazard mitigation and protection of human life against the effects of natural disaster include many aspects. 1. Evacuation: This directly relates to other established and adopted plans throughout the city. As part of the Comprehensive Zoning Ordinance, all new subdivisions are required to have two points of access. Not only does this conform for everyday public safety measures, it also provides a safe route to allow for population evacuation in the event of an impending natural disaster. 2. Protection: The areas outlined in the Redevelopment Chapter of the overall Comprehensive Master Plan are crucial in terms of protecting high risk areas. These are older neighborhoods that may contain a higher number of older less stable structures. Steps should be taken through Building Code Enforcement to eliminate inappropriate and unsafe structures when opportunities arise. The Building Official should continue to monitor and update necessary codes to ensure that Manufactured Home Subdivisions as well as portable buildings; which are categorized as high risk areas; meet all required tie-down regulations governed by State and local building codes. 3. Education: Community involvement and awareness is key in mitigating danger. By involving the community and providing educational tools and tips gives the community at large a sense of potential problems and offers options of how they may address those problems. 2012 City of Wylie Comprehensive Master Plan 31 Back to TOC ..) 1• - �+ _-F M n p_8.1 x Strategy .1 J � 11111111100; .... ' +: 0.1 ,_•., R101� 1 Mitigation ' • F. i .. COCI[n County o n , (7. City of Wylie IP Lariduse with .1 Critics1Infrastructure 2 Legend P, S'DP• caet rry+ rr 6r�e-penc•Ooera7aa:ertcr c /� 6•b r . , 2 _ r - AD f = CO I. -: . tLl. ' • rn 1: y. 'Z7 '1. �4• O CI c.15 a.D 1.8 eD 1 - i !1 r •■ • . = • . Endogamy Pia panalmod . . . ik ill: 1- ......r.y•am.N.* .440 P 1 � �rri Y� L___ x .: 1 VI L ■ I4- , .e. u r�r 0 ti 0 t\.' ,- Map 8.2 n ; r I , ` ' 7 ter. !.w 0'� ti .I .... o • +�,4- , Regional Mitigation y ---— ———_ :; ' Strategy ti -,-"-5 r�' __ A .' Collin County c-• 71",;---- . ,i At. . I ' ; Wylie 't '.�.. � with Flood Zones �iiip . I. • '. +* • ` r i [� .` � r Angie Family Homes cc, ~t F f "� ,,.. J Multi-Family Homes ', •+1111, r Mobile Homes f-- 1 Commercial.Ut ty m Grassland Farrnland r' r•_, Other ;; • f i Flood Zone CCI r-• 4 .- 0 130 Year(A) 1111, 1 QC Year AE r' ( f JI. .feta ...-f yi, > f ± ±1y 'P . / � wer tr•yuFilnralk W �..+..-r_........rrt... 0 0 EXHIBIT "A" E. Implementations OBJECTIVE 8.00: Coordinate with Wylie's Emergency Management Coordinator to ensure that proposed updates to all portions of the Comprehensive Master Plan do not compromise the ability to provide essential emergency response and recovery facilities as described in the City of Wylie Disaster Recovery Plan. OBJECTIVE 8.10: Eliminate or minimize inappropriate and unsafe development in identified natural hazard areas when opportunities arise, including the identification and prioritization of properties deemed appropriate for acquisition, or structures and buildings deemed suitable for elevation, retrofitting, and relocation, in accordance with State Law and adopted Building Codes. OBJECTIVE 8.20: When deemed necessary by the Emergency Management Coordinator, those regulations of the Zoning Ordinance are temporarily suspended for sixty (60) days in order to allow residential use of appropriate non-residential facilities, including those in non-residential districts; in accordance with Texas Government Code, Chapter 418 Emergency Management, Sec. 418.020 - Temporary Housing and Shelter, as amended. OBJECTIVE 8.30: When deemed necessary by the Emergency Management Coordinator, allow seven (7) or more unrelated persons to domicile in Single-Family and Multi-Family facilities for City qualified victims of natural hazards or disasters for no more than six (6) months. Prior to the six month expiration date, a qualified victim of natural hazard may petition the City Council for an extension. Such petition must be submitted in writing to the Planning Department ten (10) days prior to the requested meeting date. City Council may grant the request for a specific period of time. OBJECTIVE 8.40: Identify areas, structures, and people at risk from hazards and the likelihood and severity of such risk. This would include those structures in place prior to the adoption of this ordinance. OBJECTIVE 8.50: Limit variances and property tax reductions that subsidize vulnerability and risk. OBJECTIVE 8.60: Create Hazard Area Maps: Maps are very effective tools to clearly depict vulnerability and areas at risk in relation to people, facilities, and infrastructure. OBJECTIVE 8.70: Continue to monitor and evaluate the effectiveness of existing mitigation measures and practices. OBJECTIVE 8.80: Planning and implementing policies that control the potentially hazardous impacts of storm water run-off. OBJECTIVE 8.90: Require NIMS training for all necessary employees. 2012 City of Wylie Comprehensive Master Plan 34 Back to TOC EXHIBIT "A" F. Definitions Critical Facility means a facility for which even the slightest chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, emergency medical receiving facilities, police, fire and emergency response installations which produce, use or store hazardous materials or hazard waste. Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials located within the area of special flood hazard. Disaster means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, domestic or international terrorism, extreme heat, other public calamity requiring emergency action, or energy emergency. Hazardous or high risk use is any use which in the determination of the Building Official, Planning Director, or Fire Marshal (or their designee) presents a health or safety hazard due to excessive smoke, dust or odors, toxic fumes, noise, vibration, or danger of fire, explosion or radiation and involving materials meeting the "Degree of Hazard — 4" criteria of the Uniform Fire Code. Nonconforming structure means a structure that does not conform to the design regulations of this ordinance and the zoning district in which it is located, but was lawfully erected under the regulations in force at the beginning of operation and has been in continued use since that time. Organized volunteer group means an organization such as the American National Red Cross, the Salvation Army, the Civil Air Patrol, the Radio Amateur Civil Emergency Services, a volunteer fire department, a volunteer rescue squad, or other similar organization recognized by federal or state statute, regulation, or memorandum. Public facility has the meaning assigned by Section 102, Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 5122). Temporary housing has the meaning assigned by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288, as amended. 2012 City of Wylie Comprehensive Master Plan 35 Back to TOC EXHIBIT "A" Urban-Wildland Interface may be defined in two ways: • From an urban planning/design perspective: The region on the fringe of urban development where structures occur in a primarily undeveloped landscape. • From a fire management perspective: Any area where potential dangerous combustible fuels are found adjacent to combustible homes and other structures. 2012 City of Wylie Comprehensive Master Plan 36 Back to TOC EXHIBIT "B" LEGEND: - Natural/Open Space Sector Sub-Urban Sector - General Urban Sector Urban Core Sector N, SCALE:1'=1000' ®® i .III uII Art-Wm■— a' ■�I �� 11. - • •terelAttszwil,1,�■,,■■I�� Lavon Lake 1 ��7IIIIIIII'� rrrr .......rrrxx �; , ,., ... I w oel—A- '—°' 4 , -' r.rr. w ;.x.r = _::�: ;:.rrx ��' MIME Eri. — � - rrx. I rrr .... ME % ,/ II011IIINIINHR ¢�;! nrl 1�1111 •���illi �I 4. C :I \Ir 00 MEN II.Iss' ■. ■■■III IIC_ 10 � �� Firm _ a A_ e "I�■■■■■■ �■ = HER�\ I sr Ills4,0 v . ore _ ' ._xrrrr �11 pi � ■ �Ilfl@I d Minfikal. .gm izzo paid Fii Pli •••_ -• - =.=.i. .Ci:.i:fir. .-x! NIZ '/,�§ x•.MAT_ -inkaki' _wixuil 1 rx,R- 'x liU®� c 1• 0 x FA _, .N1 II {� i 1 ... Y ■■■■■ ''li =�1 .IIIII. ® ,., ""' a rx SSIri'. ■ o■ "•mii.Nolmbnr_ H�"x IIIINIIII •. - a memin on„ 7,,,e111,..,;;;:ranic...„........... ...,....:::26.11E1....1 w x111�== III i' :.4112,1,:zmexinti::.,imm; / r �� !- °rLAJ worm - III -_--_ _,____rI III 1 off. � . a„x l■ bi Ilirld .. A1 1 -•---==-------= .WIWxlgl :e11� rts/ "ix�lll�Ix 47 _ = O47 -xar•� ■ p /,... ........ ■ gli ., , / �„ _" "' '4 ,r, z III I;y;�I I,:-.lill .� N� '''''---:-4" :II :$ 70 0 I,I;; isr11=1 IIINNINNmI ® .111111111116 i_.,i11 III �_ � PIT/ x1r..__ 1 rr x1 u6m-MmiOo7nmMi'X..0'•...k.ri*AVn'i Mmt.4 S4A!:k.t yO,A rik,y/,i �Irx..x iIealNlNi"o0Ut"r4M194t-7*.,A.1 411gi:y'.7—.,..7..:.a..•i.v m,3E-,1, 1&l1$r ii,, ' ..4ri.1.trld#4 r,,vl.-o4i1#.px;V-:.".-e:„IA-svM?'r4.-.ok*'silc7t.k t.owcl,'i.A,.0gz5 m% a=g.1111-�I• ulna Euz 1f- x x Rlglll WI L 11111ll■ -11 ' . r -aitetii•Invep Kill • ,' .010-4-41-0,L jeAleb. ''r- „Al 44, ■ , .VaAt/ii Ir /4r 40/ ,_‘ ‘_.,*., / 11.IN t7r. ' —11 • .., 101\r ,t,,,„ 1. -2, .-$.• , , v _ ,,.. tr.w., , .40. ., . 461.1 ..4„0 ?AP 4 CITY OF WYLIE I le CITY OF WYLIE NOTE:A Comprehensive Plan shall not constitute zoning regulations LAND V SE MAP or establish zoning district boundaries. APRIL o12 Updated- Wylie City Council CITY AGENDA REPORT Meeting Date: May 8, 2012 Item Number: D. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: April 25, 2012 Budgeted Amount: Exhibits: Six Subject Consider, and act upon, Ordinance No. 2012-15, for a Specific Use Permit (SUP) for an Equipment Rental use on one lot of 2.0 acres (Highway 78 Business Park Addition, Block A, Lot 2) located at 1211 Highway 78 South. ZC 2012-05 Recommendation Motion to approve Ordinance No. 2012-15, for a Specific Use Permit(SUP)for an Equipment Rental use on one lot of 2.0 acres (Highway 78 Business Park Addition, Block A, Lot 2)located at 1211 Highway 78 South. ZC 2012-05 Discussion Owner: Lou Gigliotti Applicant: Rental One/Wilbarger Street, L.P. Zoning Case 2012-05 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. With t he a doption of t his 0 rdinance, t he su bject lot, located at 12 11 H ighway 78 S outh and be ing m ore particularly describe in Exhibit"A" is hereby reclassified as SUP-CC. The Zoning Exhibit (Exhibit"B") is included and made a part of this Ordinance. The a bove de scribed p roperty shall be us ed o my i n the manner and for the pur poses provided for i n the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Approved By Initial Date Department Director RO 04/25/12 City Manager MM 5-1-12 Page 1 of 1 ORDINANCE NO. 2012-15 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2012-05, FROM COMMERCIAL CORRIDOR (CC) TO SPECIFIC USE PERMIT- COMMERCIAL CORRIDOR (SUP-CC) TO ALLOW FOR AN EQUIPMENT RENTAL USE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the 1 aws of t he S tate of T exas w ith reference t o the amendment of t he C omprehensive Z oning 0 rdinance, h ave gi ven the r equisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 : That the Comprehensive Z oning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the he reinafter de scribed property a ne w zoning classification of Specific Use Permit- Commercial Corridor(S UP-CC), s aid pr operty be ing de scribed i n E xhibit" A" (Legal Description), and Exhibit"B" (Zoning Exhibit), Exhibit"C" (Landscape Plan), and Exhibit"D" (3D Rendering) attached hereto and made a part hereof for all purposes. SECTION 2 : That a 11 or dinances of t he City i n c onflict with t he pr ovisions of t his ordinance be, and the s ame are he reby, repealed a nd a 11 of her or dinances of the C ity not i n conflict with the provisions of this ordinance shall remain in full force and effect. Special design regulations are hereby included and made part of this Ordinance: o The 12,000 s q. ft. metal s tructure w ill b e c lad in masonry materials tha t comply with the Zoning Ordinance in force at the passing of this Ordinance. o Parking allowed for Equipment Rental is eighteen (18) spaces. o Landscaping 1 ess than the required 20% i s allowed by t he pa ssing o f thi s Ordinance. Ordinance No. 2012-15 (SUP)Rental One ZC2012-05 SECTION 3: That the above described property shall be used only in the manner and for the pur poses pr ovided for i n the Comprehensive Z oning Ordinance o f t he C ity, as a mended herein by the granting of this zoning classification. SECTION 4 : Any person, firm or corporation vi olating any of the provisions of t his ordinance o r the C omprehensive Z oning Ordinance, a s a mended hereby, commits a n unl awful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7 : The repeal of any ordinance, o r parts thereof, by t he enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by vi rtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 8th day of May, 2012. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: Wednesday,May 16,2012,in the Wylie News Ordinance No. 2012-15 (SUP)Rental One ZC20 12-05 umiak i i .• ----(,/ I . 1111in 'MillMilli, 4w ',Iiiill11111111111111111111111111111111111mr 1111111111 dipb..... ..rocrumung ,,,_ito 1 imp *-- ..7111M111111P11 '-1 ;ni IIII iz.. umnimorwm 0 Kum .4 gilltinnith i iiii 1=11E111111 ilt- ...,.....,' — 188:4 411111H11111•11,0 k'' ,Mil CM,. =7.1 L.:,,,-.,• ,...... la la Ir 41t/..." LI IlininliEf WE NM !'= --I = ill11111111WEE; 1.=....... — . or. em....... ‹...... 1- 1 Mililiffilli • 5111.1 .-.. '".. ;"-"-.-" -•-.......-..-....... i ; r__._ _._ ._.._. F. .. i 1 % / , ,........_4,i! c. ___, j , I r : ' FM 544 i • , , .. . .._,,...__ . „,, r, ... ...,. ..._ / . ,, _ c„ ,.... .., ,... ... ,,.. , . X efo i . -‘'s• 0 . , Property .. ' . s ,.-• . __ ._ .. ',. --" 1 ! If 1111111\1 - 31re I.,14-Tmal ' CEO FITT[ID ,.„. • -.-s, IIen,In • 1 --; --•-• 1 ' ""6 . ; 1 •'C.> . .''65 -.......-..;.. ........... — •' 1, „, ..„-..- :-..... ! . .'''...4,'-". •, 5' • ! ; 1 o'.. .• . i i : <1 ! , •..,--.-..-..-.. 1 i i • ,.., r ! ! V. / C7' Alanis Drive v• ,? . -1------7 ! r i , .. \ ,.. 0- 1 rl 1711 1141 j , ..• L, , ', , i . . „llifilloollilly /. ', •..,.... , . „ •-' '\cb ‘ , ; ! , i 1111.1.1.1,111.11. .-".... .e. ,,, ii ''• % ....„. .. •,. i ', I • ,, gummunto-__ 1,,•'i . , a .f. inmi ... s..I:, \ N. • 0 ..... imm ... ...,. ... • iminiriimimmit #, , \ 4 4411106 ..., ....., ) %• I A, •v• 11,...,imi- im 1:1:—. ...„,,,, ..., LOCATION MAP ZONING CASE #201 2_05 Exhibit "A" Legal Description ZBA Case#2012-05 BEING a two acre tract of land situated in the Highway 78 Business Park Addition, also being all of Lot 2,Block A,located at 1211 Highway 78 South in the City of Wylie,Collin County,Texas. 4 S 52'1B06W cr 203 o —\ 1 \\N"-------— PROPOSED CONCRETE— r PROPOSED FUEL LOCATION • —PROPOSED WASH RACK i EXISTING CONCRETE aA r. r Ir I M 4 1 L A r4■ PROPOSED PARKING— + YELLOW STRIPE-20XI B' (TYP.OF I S) PLANTER BOX-PLANTS TO BE DETERMINED 17 EXISTING NATIVE GRASS L-.t ^a;�.,-t,A' COVER EXISTING TREES4 v',t . - +11 OOP • <' � .Y5 _ ~ PROPOSED GATE 1r .• !IL ..i� MP.OF 2) • -•- - _Z- R 527o1I7E 14278' 'r,`i PROPOSED PARKING fT' YELLOW STRIPE-2mn o e ( YP.OF 2) ,..." ,,, ,, _, ,K..... STATE HIGHWAY EXHIBIT B rk'OPO5F13 PAkKING/ • ZONING EXHIBIT E L I A B�-,,,.r r p DATE:MARCH 19,2012 �i I _s ue_ SCALE: 1"=50' L,AN�S(AAli PI,AN I DRAWN BY:JUSTIN@RELIABLEPAVING.COM / / / �I�J INFORMATION FROM MIKE ROGERS DESIGN-CONSTRUCTION _ g m ? D. p a< PROJECT: SHEET DESCRIPTION: F = o Rental One Landscape Drawing Turf-Scape,Inc Wiley,TX 405 W Madison St Waxahachie,TX 75165 972-938-2956 Landscape tlL � .a,FAA.,,eEa ...Under Feat Decomposed Granite s tic. tea„-, .. Existing Native Grass Existing Trees 10'Utility Easement ...._ Immmmmm l EXHIBIT "C" 0 20 40 80 LANDCAPE PLAN 1".40' SY z., 4', 04 iy,y3.. l *i 1 %IIl1 i A, a — .i.' • -1C Y ...=.: • \1 p/.y l l k l —7 • �/lr a a - ❑ _ 6 T a U 01, R Lk w II 1 Via LL Gd 7 Lk "I� �r "4' a Y ffi���"f� / I Y Y ` RM1 yam... ■� of'1 F •'MMN 19p0151052 1351GN/ ELIA L ." DATE:MARCH 19,2012 -' SCALE:NTS �d E�Nn�kING ti._ DRAWN BY:JUSTIN@RELIABLEPAVING.COM INFORMATION FROM MIKE ROGERS DESIGN-CONSTRUCTIO Wylie City Council AGENDA REPORT CITY OF WYLIE Meeting Date: May 8, 2012 Item Number: E. Department: Planning (City Secretary's Use Only) Prepared By: Charles H. Lee, AICP Account Code: Date Prepared: April 18, 2012 Budgeted Amount: Exhibits: 1 Subject Consider, a nd a ct upon, a pproval of a Final P lat f or W ylie R etail 0 ffice P ark Addition, establishing 5 commercial lots on 8.7264 acres, generally located on the southwest corner of S.H. 78 and Kreymer Lane. Recommendation Motion t o approve of a Final Plat for Wylie Retail O ffice P ark Addition, e stablishing 5 c ommercial lots on 8.7264 acres, generally located on the southwest corner of S.H. 78 and Kreymer Lane. Discussion The property totals 8.7 264 a cres and will create 5 commercial/retail lots. The property i s zoned C ommercial Corridor(CC) District. A single story 18,750 s.f. commercial/retail building occupies Lot 1, with the remaining lots being vacant. The Wyndham Estates Phase I residential subdivision abuts the subject property to the south, therefore a six (6)foot high solid screening wall will be required to separate the CC district from the Residential District. The pl at dedicates an existing 9,29 2 square feet of right-of-way for Kreymer L ane and 2,340 square feet of right-of-way for a portion of S.H. 78. The Plat also dedicates a 10' sign easement from Lot 5 to Lot 1. The pur pose of t he P lat i s to s ubdivide w hat was L of 1 i nto t wo separate 1 ots to a llow 1.869 a cres t o be marketable as a standalone lot for future commercial development. A Final Plat was approved for the subject property in 2006. However, the Plat was never filed with the County. Prior to the issuance of any permits all tax documents and a filed copy of the approved plat must be submitted to the Planning Department. The Final Plat complies with all applicable technical requirements of the City of Wylie and conforms to the approved Preliminary Plat. Planning Commission voted 6-0 to recommend approval of the Final Plat. Approved By Initial Date Department Director RO 04/25/12 City Manager MM 5-1-12 Page 1 of 1 �omT of a330 ST STATE HIGHWAY 78 LEGAL DESCRIPTION BBONMISO 0.0532 Ac. t AIRIABLE w 1 R.O.W.DEDICATION E 6. �'2 _ Deed Records, y exos and b of me as 2 described I95 00' South 12 aa' 12.00' ' East Tweet l R1°a BEGINNING south r of-way a of State d 32'28'3 (a variable R.O.W) p o bang the northeast comer of a Vac 9f conveyed to 8 45'42'S9" F gig.'" Sara V.Marc,.as recorded n Volume 4180 Page 1115 of the Deed Records Collin County Texas; ' LS,' L 2J20�' THENCE Eost m o - '- CB 5 16.1J'1e E oong the south right-of way line e of sod Stole Hghwoy Na L GL 139.130. Z ond being the feet,and'of chord wh ch bears South S iron rod found in the southwest h44h] East a dsrance of 398at-of-way line of Kreymer Lone.ee o mdue of 4BDa0 w Ms>a. LOT a,BLOCK A GRAPHIC SCALE rgnNca 9s f as c nos,on op„stance of 272 07 feet said 2.656 Aa. R Z950I.99' z c o f 32w' $ - WYLIE RETAD.OFFICE PARK ADDITION CB- L1T39 53'{4E a '16�4 LOT 5 BUCK A r� s �, 8.2264Au C=25V 4. t�y� �430 feet,' f 42a.00 feet and ors Saam once oY n 0.9I5 Al. g E I E []���.1 (IN FEET) THENCE southeasterly,a s 9 f of said y r Lane and a said curve an arc L ',Pe, 't �'V t inah=5, , distance of 23J.45 eet to 9a the southwest iron rod found for corner, along s r Z Lt 6Sr x ST 3292 8A Ic ''Eost,continuing along the southwest right-of-way line of sold Kreymer Lone,o e mz.w 6res�xer� r^z*°z-*z �Ny � 02133 Ac D ab 3YFi:, AOW.DEDICATION distance N feet oto° / rod found E ( fond° Estates,Pa e to y y recorded n cab net E g 101 f the Pa R C C Texas. 1 °w ^F # THENCE W f of said of said 1 sy+ ry / iron rod found for ea point also being o m. wrou Y e - °Easf 511.44' zA ° Ali 4 WYLIE R t [?Fa OPR,ittRL PnZY, the southeost corner of sold Soro Marcotta tract, /' - N -” iHENc rth de ar rig e of as W dh n as t [ ad Ma ne track n ]81 IP 30.3P �. cPR T ads n oof 500.00 feet to tM1e PO Ni OFeBEG NN NG a quote F Wes/ 160 90 °L wa ""r°°" Acres of Land. rid eons n9d 380n1921 S eet ore8 J284rc Z18.50' x,mr ou. °1w"a;rxs.ure'T � L.� 2�>zt D.ix, we q'' West FeiA' r NU 54913E � ^' �' -__ m uwus e;ur o E rwwrc° m to m ar rxz IS00' t. /s ,r,, .5 c L 55 O t J Ftx II t4 c� c _- -- _- o Sa r ry .• �' I =a. � � n b these se Ci �a e� a N6a• aw,�8e; °w Rai y LOT 1,BLOCK A 4 62' LOT 2,BLOCK A t oas Lots=32'23'33" ry .33 Ao. ]363, ®= o-28'Sg'S.5.: R_23]4050' and do hereby dedicate,in fee simple.to p nFOiheP £ £ £ NI Ce 5 21 3'125E LB 3 5' Ehe easements and public use areas,as shown, ed for street purposes T N Imo-- rims=ur eFTEE:KNI also be to e LF 1 S LOT 3,BLOCK A d &L r t m e 9 9 9 e P 1 £ ore,re MID aMr 1 0]26 Ao the f g reconstructing, spec[ng patrolling, g, g and adding — some unless the easement limits e to ar o the publ.c.s and C.ty �I nrxs=ur .1 to or removing of their �.� r w� �ws,u. „„, respectivey ms the rear°n',r Pty d fo the wr,,,`x\c w ms o - ____ -- - -__ - A°C ur. 5 00.05'00"E premise. right °dpr�fegef a department the eectr gofnwylie gage p workmen , to a access use a.access, „cos°o^ .re,r .@ 1 a onN r nd said premises EL<v. 4a69� .. — ng,upon and across so, w1.50' WEST 'H r..:.du ze' °s° r°'°' reprplat esentatives having ingress.egress,e�nonr es regress upon a[odnsaond across ohs of the yWylie, a 3]150' 26839' �e 19000 oll• '%cYLlT_F iv BiE"f rY§R'.I axes Weal 82989' "6 tl: - --� - — — - ]e4 Witness my hand at WY.e Texas ms day of 201 I. u r,v u r r ,,, W r r+n a '-`• fiSt R h rr ra, u,r urr ti r x 25 v s,24 sE6a .'x.f{C:A Mork Ft Smith ,. cx,,,ED Sk-1WI, Marl R.Sm th Company,Inc. EASEMENT CURVE DATA TABLE EASEMENT TANGENT TABLE NUMBER DEL,41.LE RADIUS-TANGENT ARC LENGTH CHOI.,131,NG 01-1012D NUMBER DEL,ANOLE RADIUS-TANGENT ARC LENGTH NORD 131,NG 01-1012D NUMBER BEARING pleT.LE NUMBER BEARING DISTANCE STATE OF ExAS; CDUNtt OF COLLIN; BEFORE ME,the undersigned authority,o notary public in and for said County and State,on this cloy personally appeared K R wn to me be the on whose subscnbed the forego.ng LEGENDtherein acknowledgede„pen°e tome that he executed the same far thepurposes and conedemtane z wn:massr GIVEN under my hand and seal of office the day of ,2011 IoeooC6ED Pax,as MY ornivaon NOTENOTARY PUBLIC o and for the State of Texas Tle H e00000'E e;oo - - aT E - Recommended for Approval 1 state Low �s s , to this hexane tw.mhaldes ond nge°of uerees°and ou.1„ngty m.ts dinance and 78/ICreymer,LTD,c/o x.eeortng sowce:me�oam right-of-war line of smte Hfghwov No.Ts(Eost)P os reoomed�nE-i r r Texas Zoning Commission Date Mark R.Smith Company,Inc. Volume 18u Page 538 of the Deed Records,Collin County,Texas. 30 PHONE 21,1-3,16-0733 FAX 214-355 L44T Approved for Construction �c�oL race MARK SMITH / --.. .."'''''"'''''''"'""k PLANE'S SOUTHWEST SURVEYING INC. 2717 MOTLEY DRIVE SURVEYOR'S STATEMENT D MES9LIIT / an shown thereon1,J L LANE,o Reg.stered Prof ess,nal Land Surveyor of the State of Texas,do hereby cert.fy that I prepared th.s were lat ° actualm an on under y personal s ground the al supervision inhe in accordance with the Platting monuments and that the corner Rules Mayor,Cry o y axes ale ` ONTACT dIM NNE RPLS E,TEXAS Z 43aziBMf9J2'fiW5041829 Regulationswore properly placed the City of Wylie,Texas Accepted / Srry III d L Lane Date Mayor.City of Wylie,Texas Date Registered Professional Land Surveyor No.2509 ti Secretaa f T P of the LE RETAIoil mii,--s--.... 7, iiiiiiL FINAL PLAT GFFCE 9aRH a of 1 ' 201 1,and the Council,by formol oction, °° `°°°` further er LOTS 1,2, 3,4, & 5/BLOCK A WM, STATE of TEARS mum COUNTY OF DALLAS, lllll 11111� -� —.T w2nessemymand thse Mayor m ante the acceptance'"clay ofwD zoby d h.s name as her Lsenhed_ WYLIE RETAIL OFFICE PARK ADDITION iiilf y P sa rBEFaRE ME,the NE,Pngned aume to a nota,y Public 1n�L111l1 � d L N 8.7264 ACRES h"iC ll IS'n r .nstru and acknowledged m me that he executed me same farm purposes and cane.derabane SITUATED IN THE 11■ a to subscribed a there ■ou 1 1 netra exxpressed y r y Texas m1� GIVEN under my hand a.seal of office the ay of 20 FRANCISCO DE LA PIRA _l11 "'i' Z}'`�' 'I2 SURVEY ABSTRACT NO. 688 IN THE CITY OF WYLIE,COLLIN COUNTY,TEXAS SCALE: 1"=1000' NOTARY PUBLIC in and for the state of Texas APRIL 25,2011 Wylie City Council AGENDA REPORT CITY } Meeting Date: May 8, 2012 Item Number: F. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: April 25, 2012 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a pproval of a Final P lat Woodbridge C entre Phase I A ddition, B lock B, L ots 1-11 creating 11 commercial lots on 24.604 acres. Subject property generally located south of F.M. 544 and west of Woodbridge Parkway. Recommendation Motion t o approve a Final Plat W oodbridge Centre P hase I A ddition, B lock B, L ots 1 -11 c reating 11 commercial lots on 24.604 acres. Subject property generally located south of F.M. 544 and west of Woodbridge Parkway. Discussion Owner: Clark Street Development Applicant: Winkelmann & Associates, Inc. The applicant is proposing to develop a commercial/retail center on 24.604 acres. The first phase will consist of a single story 113,531 s.f. food store, with various outparcels. The plat establishes the boundary lines for 11 commercial lots, rights-of-way as well a s access and fire lane easements. A Separate Instrument(DECLARATION OF EASEMENTS) must be executed by the subject property owner and the adjacent property owner of 2610 W FM 544, Abstract A 1061 I & G N RY Co Survey, Tract 8. The Applicant/Owner must file the proper documentation to secure the offsite fire lane and access easement. The Separate Instrument i s worded as such that the agreement will run with the 1 and regardless of owner(s). The Declaration must be filed in Collin County prior to the issuance of any permits. A Site Plan for four Lots was approved by the Planning and Zoning Commission on February 7, 2012. Planning Commission voted 6-0 to recommend approval of the Final Plat subject to additions and alterations to the engineering plans as required by the Engineering Department. Approved By Initial Date Department Director RO 04/25/12 City Manager MM 5-1-12 Page 1 of 1 O4o 3 o DENTsB :rr __ ._ FM HIGHWAY 544 q=. .A 45 kY PROPOSED 12' L sb -0 AW2AA 2B'40" iI& N 87°34'05"E DEDICATION o ' „sv'�\ c, - a 1;;';:''' J A=003`59'55" B BOUNDARY CURVE TABLE 1 ,� s, R=5 676.08' - 161.32' L 4404 R 5.7830E NO. DELTA. RADIUS LENGTH CH.L CH.B —c, rc e - L=403 61 INCLUDING SIDEWALKS til ChL 4404 FM HIGH\IAY 544 C, G,22d STes se 1L 86 was NAe Os s¢E 3uiu, ChB SBB 2637E CI L-40352 �' L9 os�crce _ Ch B=N89`45'04 E svl 1 L1 L2 194 70 40k THIS PLAT 2351D L4 C1 N8]°6113 E F N87°3405 E I LOT CURVE TABLE Lci VICINITY MAP —— ——— s I_ L �T1 No. DELTA RADIUS LENGTH CH. CH.�I 1 I NOWT GALE HENRY cR5t GARLAND ' L ` C3 f4 �i05 oe 4�6 w30 la- I-LOT A I 1 . • L°T ARY — — I TO.BLOCK B \ ash ' 6 a a A 01T595]' :oesz ne.s ,,E s,s Neraa,sE BOUNDBEAR ENE DISTANCE z _ 1 _ n4 n l^ - (a4e,P 8 R-945.00 58 e1 L-296.87 LINE x _'TANCE Nos S I Ch5 VIE65 ,ez ',H I zl ChB S10°40'07"VJ 0E L2 na0 ;� s I q zm LOTTR.Bmc ' `� ,I 72 I — E w o.As 6 CABINET RADE2, <�1 I eO HooPERB sNEs - r`r I GAB NET K.PA 3 , 5 I S25.407 W LOT LINE TABLE o ANo r B' sB 2Dv BY THIS FLAT , E En DISTANCE Q Q IIII �,.,. IIP 36'FREO,NEAND =I �/ sB.B BY SS EnSE WOODBRIDGE CENTER, N3 r B c,c ,E,E,, 10500 4.8. .2J „Ts.3 AD,n v A 34 c6E ,vm Q Q U If/ PHASE I ADDITION LOTS 1 11 BLOCK B THIS PLAT � -1 hh ID'STREET EASEMENT INBY CLUDING PLAT- B4ACREC A=U25`U133 ABBREVIATION LEGEND BLOCK sT (1.0115sq n) o e R=38B.50 EASEMENT CURVE TABLEABBR.DEFINITION 2 C LOT 5R FOUND CIRF IRON ROD P H CABINET 0 GE2 I s. 1 1w I ClB 511371/5 La n IRE IRON ROD fl �� RAM LS LENGTH L,o s CONCRETEXCS "X.r CUT IN SET I -- 1.. s3a E'' C - 20 W 2502 33, L„ 32 CONCRETE FOU LOT 3.BLOCK a ND a6 PKS PK NAIL SET FOUND a3613 mw ze n PP POWER E LOT OR,BLL.A f 1 RIR ; NE , / 2HocnaBUSINESS PA I TI d � ,TooMH MANHOLE ,a , L1s TELEPHONETP PEDESTAL u f " TER t f y 9 102 IRRIGATION AC AIR CONDITIONFH FIRE HYDRANTER d AT 1 O. 0E a NB36264,. SB SIGNAL BOX 5- SP SIGNAL POLE LOT 7 BLOCK A BY THIS _ 20.00 31.29 MI ° F Ce w SG, STORM SEINER —SS SANITARY SEWER —INET H — � I52 1; le ,aTq 1 aI— Ce GM GAS METER 01, GAS VALVE I Ie��a N6�aP33, „Ar3� —�1 •� SU,LY m..2_NO,e AAT2 6,AA 6 33 .32, A3 A2,E ,A6 a w Q GIN GAS ER _ _ ,300o a,3e L4 aTas2TE 1Ba J U V TELEPHONETIM MARKER / - T. 'I P A=013°2B55" 8030 644 E Z W LOT s.BLOCK MARKERUGC UNDERGROUND CABLE HOCAB NETS R=834 50 (' . ELECTRIC BOXCAB ,o0w 434 E LOTLNE TABLE ET — — ti' =196.3612,E ,6 LL c cw COUNT'CLERK; No. 0. ELECTRIC METER K.' ChL=195.91 LINE I . cln CONTROLLING MONUMENT N ChB S7`2901"N/ m N c GRATE u - IN INLET EM ELECTRIC RCAN.PEDESTAL DETAIL.A. aoo 60 CARNET 849890s IIMP METAL POST HOOPER BUSINESS PARK _ S89°54'53 W " NT= z„c4s 13000 48 0B Te NTs a3 sT B a 0 e FIBER OPTIC MARKER ' BY THIS PLAT FM HIGH WAY 544 mEASEMENT BY H P CABINET LOT 10 BLOCK A H.PACE se UT IN Oleo Ir —20�oED DEDICATION ,ts ,vztE 338, HERZOG HOLDINGS INC. HOOPER BUSINESS PARK , I 1 CT, I � .�a4e�, C31 c4 WOODBRIDGE CENTRE.PHASE I ADDITION I / I�oC eer i..ayc.e FINIAL PLAT Bemn, LOTS 1-11,BLOCK 6 — Ir CJ 18G.N.RAILROAD COMPANY SURVEY,ABSTRACT NO.1351,L.K.PEGUES' sSUR\/EV.ABSTRACT NO.]C3.J.\N.CURTIS SUR\/EV.ABSTRACT NU.196 and _ LL the I.CLIFTON SURVEY.ABSTRACT NO.93 11 / CITY OF WYLIE,COLLIN COUNTY,TEXAS e d / 24.954 ACRES SHEET _ AINKELHANN P.A.ssoci,vre,IN, I \q1`'S "SeIII a Ortlen Of tbls atltlltlon b metes antl bountls Is a vlelatlon +��+=i:�nrR:m n....,zHe ss rc tit / 9 P Y TEN.ENGINEERS e I I OfC yOrdinance r:IState Lawantlssubit tOfines and OF withholding of utilities and building per nits Te s.,uavEvores Nc.,cceoc<c 0 (_ Wylie City Council AGENDA REPORT CITY OF WYLIE Meeting Date: May 8, 2012 Item Number: G. Department: Planning (City Secretary's Use Only) Prepared By: Charles H. Lee, AICP Account Code: Date Prepared: April 18, 2012 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final Plat for Mockingbird Hill, establishing 3 single family residential lots on 1.34 acres, generally located south of Brown Street and west of Carriage House Way. Recommendation Motion to a pprove a Final P lat for Mockingbird Hill A ddition, creating 3 r esidential 1 ots on 1.34 a cres, generally south of Brown Street and west of Carriage House Way. Discussion The property was recently rezoned from AG-30 District in February 2012 to combine one lot and one tract into 3 separate single-family residential lots. The Plat establishes boundaries and setbacks for 3 lots. Access for Lots 2 & 3 will be from Carriage House Way, with access to Lot 1 from Brown Street. The Final Plat complies with all applicable technical requirements of the City of Wylie. Recommended for approval subject to Engineering comments. Planning Commission voted 7-0 to recommend approval of the Final Plat. Approved By Initial Date Department Director RO 04/25/12 City Manager MM 5-1-12 Page 1 of 1 LOCATION MAP OWNERS CERTIFICATE COUNtt OF COLLIN PRDt[T SITE 1 4 are the,ole onner of a tract of land Tract 1,situated in the E.C.Da:Us.Survev WYLIE I.S.D. Abstract No.266 City of Viyile Colin1 na 1 VOL.930, PAGE 145 /( !>x[ land,!rad Ili being Lot 17 Hock 17 of Westgate SuOdNision.Phase,and addl.'to D WILLIAMS SURVEY the City of Wylie acoording o the plat thereof recorded In Volume F.Page 733 of the ABSTRACT NO.1021as.... , LppJ_ ���NNr l L 61111. Begin'ing at a 1 2 ich iron rod found in the south ine of West Broven Street llu 32 '' 'the...line oi Carriage House Inay(a 50' v width,and being the nonv�teN end _:m corner*Thence So,111...degrees.,ninutes 4,seconds East along s* �AmidfiligiY4 dls ance of 27.15 feet to a found 1 2 inch iron rod at the southeasterly end of said co er gL WEST BROWN STREET ne --.-. -.. ---_ --_ (F.M ROAD 34,3). -.--. --.-. ---.. -.--. --.-. -.--. of ac A Thence South...degrees 1%.minutes 10 seconds We,along the nor,line cf,lid 15 N alley a distance of 13C.6.1 feet to a se 1,ilch iron rod for the heginning of 3 rune. Thence along'e north line of said alley and sakl curve.the left having a radius of • arc lengll of 16.73 feet and a choid bearing a,distance of South 5 39 40'39"E 106 3] NOVI THEREFORE YNOV.,MEN BY THESE PRESENTS: _a set 1/2 in.Iron rod fo"the .> end of said curve an or so Bet x o an d the beginning of cume to the 15' ALLEY R.26. qv{ I� t-- 5 M radius of 92.50 feel a.an arc length al 46.76 feet and a chord bearing and distance �N6 ry�4 15'T.P.&L E cement `' �'+' Hil I.an addition to the City of Wylie.Colin County Texas and does her, -- dedicate to public use tore er al utlity easements.drairage easements and al tn. _r F right LINE SETBACK 2, �' � 25' BUILDING 2 ot2 '57 of Deed Records Colin County Texas fcr the soul.erst comer of e.herein acmtion to the CI,o 1/41e...ding to the map he!,as recorded in Volume G Page described tract: sr,ts or otlei improvements cr grovths vehicl in a,was endager or In er ere with easement and all public ulities shall at al times have the full right col ilgress and CI. 1D291 Sq.Ft O LOT 3R 0 2362 Ac Q LOT 1 Rreconstructing inspecting pa rollig maintaini,a.adding to or removing al or LOT 1R / P ›- Then,NO"th 00 dogr00.8 24-rninutO,2'SOCOndS WOst dOparting thO nOrth lin°Of taid eg-ess to or from and upon sail utiky easement for the.purpose of col.... �,\h't - z wnodheast corner of I ot,at 3 distance of 110,0 feet and[...anti'ing ir ail a total Pa,of iis respective system without the-ecessity at any time of procuing the eCe ler pe'misson of anyone.This at the t' approved subjectra naroesr ep ons clp tor the most v.Gately...vest corner of the ereln described tract: . Thence North 16 degrees CO mruies.seconds Eas along said comer clip a \ Q�^ uofmo2 being r the soo nripnto few amentonea West Brown WITNESS MY HANG y 2012 �P�oCO Q LOT 2R aFD ea.ua,,22 .- LU 15'ALLEY Street, 21: Thence North 89 degrees.18 mi-uies 37 seconds Eas along he south rig-of vay line Lot 5851`9 feet •.ara2 acres of land. to mo Beginning containing BLOCK 10 23.362 Sq.FLz. onnarce bEn,ara vent o,,,aen o„ner D.fi511 Ac. 0 BLOCK 16 Matnell Doncn oo.vae,.0o.nei STATE OF XA N In ra SURVEYORS CERTIFICATE COUNTY OFERAS ASGATEWAY BEND 12. LLIKent Dovden a4 N N appeared Edward LOT 2R of above described property knon-to me to be the person Q w w axwhose name is subxilbed to the forgoing eacrnt are.pm�dnowledged. SC ES 3e E W IAc accordance Cm e,Ayle �(� Lot3 Iry � `C/ UNDER PH RAND AND SEAL OF OFFICE this I 2012 �� 19,8605q.Ft. 4�� Rea Dominguez Reyes.Re Nserea arc esswne tens Sur,orno..eo Notary Public or he Slate of Texas 4,( 0.4559 Ac. LOT 4R ,,• ,2,.,5,i LOT 2R LOT 1R �� �QO��� OF TEYAS STATE authority on 1e COUNT oy personals,appear.Raul Dominguez Reyes know to me.he the person STATE OF�oALLAs S,AC,Q9 BLOCK1T e�P,O�G E r re,statea Rm saoaoonaea-.., 1,CST name Is subset,.to Ihe forgoing instrument and aehnomiedged to me that then p sea,aoa to e�P WOK LOT 3R Pw _ k Ulm!,on S 88'42'10'W f30.64 she execuied the same to the oses and consideration herin d in DER MY HAND AND SEAL FFICE a the...Pack/there,stated. Nana F SALLEV y A'G.name Is subscribed to ihe forgoing instrument and acknoLledged to me thM LOT 3R Recommend.for Appmrel FO — GIVEN UNaM HAND AND SEAL OFOFFICE tk_aal oEme9��2012 15'ALLEY e„ / / �i , 4,7L1s 9n g Commission a ne,. fT_reS �seco rr, o run �" LOT 15R V o Smt551or�at0+05 "42poea Er nano 2 25 wn expires n ����<0ya'''M kb.�c' ' P P O D Nom p3 P9 FOR REVIEW ONLY NOT TO BE LOT 9 LOT 10 LOT 11 A 5�4LOT 12 LOT 13 LOT 14 G(���A� 6' , y I, .I.Texex ��pareafw Completion RECORDED FOR ANY PURPOSE CO �eA' BLOCK,]� �45�COeOi' _ i Date FINAL PLAT e' ,e LOT T Mayor City of,vy1e,Teens OF - - ,2011 and the Co,nci by formal LOTS 1, 2&3 ty i NICKELVILLE i CRANE �W, MOCKINGBIRD HILL tie,.. nIs name a herelnaeo,e described. EPLAT OF LOT,].BLOCK FIT OF W EA GATE. / Iv1 a p Ao PHASE AND A 1.052 ACRE TRACT.BEING PART / m..z y n r ...�rt� enr,osu OF AN 304CRE TRACT OF LAND AS DESCRIBED IN .,.tox,sFrn,..roe VOLUME 3,2 PG.I,DEED RECORDS COWN 2244 COUNTY TEXAS AND SITUATED IN THE City of viLt%'rcxnc Fvoa:PAILPEIESHa,EVIf1C E.C.DAVIDSON SURVEY eNe TE'In74 e 72-,e._ ABSTRACT NO.266 "Selling a portion of this addition by metes and bounds a violation of City Ordinance and State City of Wylie,Collin County Texas Law and is subject to fines and withholding of utilities and building permits" L Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 8, 2012 Item Number: H. Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: April 30, 2012 Budgeted Amount: N/A Exhibits: Ordinance Subject Consider and act upon approval of Ordinance No. 2012-16 creating a construction work zone for traffic and temporarily reducing the rate of speed on West Brown Street to 30 mph from FM 1378 to Westgate Way. Recommendation Motion to a pprove Ordinance No. 2012 -16 creating a co nstruction work zone for traffic and temporarily reducing the rate of speed on West Brown Street to 30 mph from FM 1378 to Westgate Way. Discussion On February 28 , 20 11, Council a warded a c onstruction c ontract t o McMahon C ontracting, Inc. for th e reconstruction of West Brown Street from FM 1378 to Ballard Avenue. McMahon is mobilizing and has started clearing the right-of-way. Due to the proximity of the workers and equipment to the existing travel lanes, it is necessary to reduce the speed on the roadway to 30 miles per hour from FM 1378 to Westgate Way. Once the construction is complete the speed limit of the roadway will be 40 mph from FM 1378 to Westgate Way and 30 mph from Westgate Way to Ballard Avenue. Approved By Initial Date Department Director CH 4/30/12 City Manager MM 5-1-12 Page 1 of 1 ORDINANCE NO. 2012-16 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING A CONSTRUCTION WORK ZONE FOR TRAFFIC AND TEMPORARILY REDUCING THE RATE OF SPEED THEREIN, ON WEST BROWN STREET FROM FM 1378 TO WESTGATE WAY, IN THE CITY LIMITS OF THE CITY OF WYLIE; DEFINING THE SPEED LIMIT, REQUIRING THE PLACEMENT OF SIGNS; DECLARING WHAT MAY BE A SUFFICIENT COMPLAINT IN PROSECUTIONS HEREUNDER; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;. WHEREAS, t he C ity Council of t he C ity of Wylie, Texas ( "City C ouncil")ha s determined that c onstruction i s be ing unde rtaken on or ne ar the intersections of West Brown Street from FM 1378 to Westgate Way, herein defined, and that in order to protect the traveling public and the workers during the construction of West Brown Street, it is necessary to reduce the m aximum pe rmitted s peed 1 imit dur ing s uch c onstruction pe riod, and t hat t he i ncreased penalties provided by S tate L aw for the vi olation of s uch 1 imits s hould be i mposed t o m ore effectively enforce such limits; and WHEREAS, the City Council has further investigated into and determined that the speed limit t o be effective i n such construction zone i s that determined and requested by the T exas Department of Transportation. 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. Creation of Z one. A construction w ork z one i s h ereby established in accordance with Section 472.022 of the Transportation Code of the State of Texas for all lanes of traffic along each of the following locations: (A) On West Brown Street from its int ersection with FM 137 8 to its intersection with Westgate Way SECTION 3. Establishment of Speed Limit. F or the above-described zones the prima facie maximum speed limit of 30 miles per hour is hereby established. SECTION 4. Duration of Construction Zone. Such speed limits will be effective for a period of two (2) years or until the signs which are to be erected pursuant to Section 5 below are removed by the C ity of Wylie, whichever is s ooner. T hereafter, the s peed 1 imit i n the s aid construction zones will revert to a speed limit of 40 miles per hour. Ordinance No. 2012-16 Temporary Construction Work Zone West Brown/Gateway Way Page 1 SECTION 5. Requirement of S igns. The City of Wylie or its designee is he reby directed to erect signs marking the above-described construction zones to indicate that the area is a construction work z one, t o indicate where the z one begins and ends, and which state"fines double when workers present." SECTION 6. Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar($1.00) nor m ore than Five Hundred Dollars ($500.00). The penal provisions imposed under t his Ordinance s hall not preclude Wylie from filing suit to enjoin a vi olation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: 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 s hall remain in full force and effect. Wylie hereby de dares t hat i t w ould have pa ssed this 0 rdinance, a nd e ach section, subsection, clause or phr ase t hereof i rrespective oft he f act that any one or m ore sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 8: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any p ending pr osecution for violation of the r epealed or dinance, nor s hall the r epeal 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 9: Effective Date. This Ordinance shall become effective immediately upon its adoption and publication as required by law and the Charter of Wylie. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 8th day of May 2012. Eric Hogue, Mayor ATTESTED TO AND AS TO FORM: Carole Ehrlich, City Secretary Ordinance No. 2012-16 Temporary Construction Work Zone West Brown/Gateway Way Page 2 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 8 , 2012 Item Number: I. Department: Police Department (City Secretary's Use Only) Prepared By: Chief John Duscio Account Code: Date Prepared: April 5, 2012 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, a cooperative agreement for additional Law Enforcement Services between the City of Wylie, Lavon Lake, Texas initiates agreement no. W9126G-12-P-0127 and the U.S. Army Corps of Engineers. This agree ment i s for the provisions of a dditional L aw Enforcement S ervices from May 1 8, 2012 t hrough September 04, 2012 for a sum not to exceed $50,831.95. Recommendation Approve a cooperative agreement for a dditional L aw Enforcement Services with the U .S. Army C orps of Engineers for the provisions of additional Law enforcement Services from May 18, 2012 through September 04, 2012 for a sum not to exceed $50,831.95. Discussion Each summer the U.S Army Corp of Engineers contracts with the city of Wylie to provide police officers to patrol the lake parks which are inside the city limits. The officers patrol East Fork Park, Avalon Park, the corps office and spillway area, Lavonia P ark, Motocross area, Mallard Park, Little Ridge P ark, and Pebble B each Park. The Corp of Engineers pays for all costs associated with the delivery of services including officers pay and benefits, administrative support, and mileage. T he Corp also pays all costs associated with bringing i n additional dispatchers on the weekend due to Lake Patrol activity. Approved By Initial Date Department Director JD 04-15-12 City Manager MM 5-1-12 Page 1 of 1 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1.REQUISITION NUMBER PAGE 1 OF 53 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24,AND 30 W45XMA20955950 2.CONTRACT NO. 3.AWARD/EFFECTIVE DATE 4.ORDER NUMBER 5.SOLICITATION NUMBER 6.SOLICITATION ISSUE DATE W9126G-12-P-0127 10-Apr-2012 W9126G-12-T-0027 15-Feb-2012 7.FOR SOLICITATION a.NAME b.TELEPHONE NUMBER (No Collect Calls) 8.OFFER DUE DATE/LOCAL TIME INFORMATION CALL: NATASHA P FUKUHARA 817-886-1271 02:00 PM 01 Mar 2012 9. ISSUED BY CODE W9126G 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS US ARMY CORPS OF ENGINEERS FORT WORTH X UNRESTR ICTED DESTINATION UNLESS 819 TAYLOR ST, RM 2A19 SET ASIDE: %FOR BLOCK IS MARKED FORT WORTH TX 76102-0300 -SB n SEE SCHEDULE HUBZONE SB n 13a. THIS CONTRACT IS A RATED ORDER - 8(A) I I UNDER DPAS(15 CFR 700) 13b. RATING SVC-DISABLED VET-OWNED SB TEL: (817)886-1239 - 14. METHOD OF SOLICITATION EMERGING SB FAX: (817)886-6403 SIZE STD: NAICS:922120 I"I RFQ n IFB n RFP 15. DELIVER TO CODE M2ROP50 16.ADMINISTERED BY CODE LAVON LAKE OFFICE USAED,FORT WORTH 3375 SKYVIEW DRIVE WYLIE TX 75098-5775 SEE ITEM 9 17a.CONTRACTOR/OFFEROR CODE 311135 18a. PAYMENT WILL BE MADE BY CODE 964145 WYLIE, CITY OF MILLINGTON 2000 N HWY 78 USACE FINANCE CENTER,ATTN:CEFC-AO P WYLIE TX 75098-6043 5722 INTEGRITY DRIVE MILLINGTON TN 38054-5005 FACILITY TEL. CODE n17b.CHECK IF REMITTANCE IS DIFFERENT AND PUT 18b.SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK SUCH ADDRESS IN OFFER BELOW IS CHECKED n SEE ADDENDUM 19. ITEM NO. 20.SCHEDULE OF SUPPLIES/SERVICES 21.QUANTITY 22. UNIT 23. UNIT PRICE 24.AMOUNT SEE SCHEDULE 25.ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT(For Govt. Use Only) See Schedule $50,831.95 [127a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED. ADDENDA DARE DARE NOT ATTACHED n27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA RARE RARE NOT ATTACHED 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES 29.AWARD OF CONTRACT: REFERENCE TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS El OFFER DATED . YOUR OFFER ON SOLICITATION SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS I I(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a.SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED)STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED /vIel }/ 7. 13-Apr-2012 30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME/OF CONTRACTING OFFICER (TYPE OR PRINT) (TYPE OR PRINT) JUNE WOHLBACH / CONTRACT OFFICER TEL: 817-886-1069 EMAIL: june.wohlbach@usace.army.mil AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA FAR(48 CFR)53.212 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE 2OF53 (CONTINUED) 19. ITEM NO. 20.SCHEDULE OF SUPPLIES/SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24.AMOUNT SEE SCHEDULE 32a. QUANTITY IN COLUMN 21 HAS BEEN nI RECEIVED I I INSPECTED I (ACCEPTED,AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: 32b. SIGNATURE OF AUTHORIZED (GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER 34.VOUCHER NUMBER 35.AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER CORRECT FOR (I I ( PARTIAL FINAL I (COMPLETE PARTIAL FINAL 38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY I I I I I I 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT(Location) 42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005) BACK PREVIOUS EDITION IS NOT USABLE Prescribed by GSA FAR(48 CFR)53.212 W9126G-12-P-0127 Page 3 of 51 Section B -Supplies or Services and Prices I[EM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1 Lump Sum $50,831.95 $50,831.95 Funded Amt: $50,831.95 2012 Wylie LE Services 5/18/2012-9/4/12 NAICS CD: 922120 The contractor agrees to provide a supplemental law enforcement services ,FSC CD:R499 (enforcement of state criminal and civil laws and local criminal and civil laws above and beyond normal coverage)on U.S. Government Property within the city limits of Wylie at Lavon Lake Only a warranted Contracting Officer(either a Procuring Contracting Officer (PCO),or an Administrative Contracting Officer(ACO)),acting within their delegated limits,has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer Mail Invoices to: Lavon Lake Project Office 3375 Skyview Dr. Wylie,TX 75098 Contracting POC:Dary Bowlin, 817-886-1073,dary.s.bowlin@usace.army.mil W9126G-12-P-0127 Page 4 of 51 Section C-Descriptions and Specifications CALENDAR/PATROL SCHEDULE May 2012 Sunday Monday Tuesday Wednesday Thursday Fr 1234 678910 11 13 14 15 16 17 18 1900-23 20 21 22 23 24 25 1500-2330=8hrs 1900-2300=4hrs 1900-23 1500-23 27 28 29 30 31 1500-2330=8hrs 190 -2800=4hrs 1500-2330=8hrs 150-2530=8hrs June 2012 Sunday Monday Tuesday Wednesday Thursday Fr W9126G-12-P-0127 Page 5 of 51 1 1900-23 3 45 67 8 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-23 10 11 12 13 14 15 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-23 17 18 19 20 21 22 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-23 24 25 26 27 28 29 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-23 W9126G-12-P-0127 Page 6 of 51 July 2012 Sunday Monday Tuesday Wednesday Thursday Fric 1 2 3 4 5 6 1300-2130=8hrs 1300-2130=8hrs 1300-2130=8hrs 130 -2130=8hrs 1300-2130=8hrs 1300-211 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 150-2330=8hrs 1500-2330=8hrs 1500-233 8 9 10 11 12 13 1300-2130=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-230 1500-2330=8hrs 15 16 17 18 19 20 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-230 22 23 24 25 26 27 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-230 29 30 31 1500-2330=8hrs 1900-2300=4hrs August 2012 Sunday Monday Tuesday Wednesday Thursday Fric 1 2 3 1900-2300=4hrs 1900-230 W9126G-12-P-0127 Page 7 of 51 5 6 78 910 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-230 12 13 14 15 16 17 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-230 19 20 21 22 23 24 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-230 26 27 28 29 30 31 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1300-211 1500-231 September 2012 Sunday Monday Tuesday Wednesday Thursday Frid 2 3 4 567 1300-2130=8hrs 130 -2130=8hrs 1900-2300=4hrs 1500-2330=8hrs 150-2330=8hrs 9 10 11 12 13 14 W9126G-12-P-0127 Page 8 of 51 16 17 18 19 20 21 23 24 25 26 27 28 30 700 Total Hours STAfLMENT OF WORK Contract for Increased Law Enforcement Services Wylie Police Department 2012 Scope of Work 1. The City of Wylie Police Department agrees to provide supplemental law enforcement services (enforcement of state criminal and civil laws and local criminal and civil laws above and beyond normal coverage) on U.S. Government Property within the city limits of Wylie at Lavon Lake. Standard surveillance will be concentrated primarily in developed park areas. Standard surveillance will include vehicular patrol of the areas listed below and other areas of government property as requested by Corps personnel (e.g. outlying areas of government property experiencing problems with off-road vehicles, etc.). Lavon Lake: East Fork Park, Avalon Park, Spillway area, Lavon Dam, Lavonia Park, Mallard Park, Little Ridge Park, and Pebble Beach Park. 2. Wylie Police Department agrees to provide the following law enforcement services: a. Patrol the areas listed in paragraph one. b. Maintain order in the park areas. c. Control traffic by visual observation and other means normally utilized by the W9126G-12-P-0127 Page 9 of 51 Departm ent. d. Inform park users of federal, state, and local laws and regulations through personal contacts. e. Cite or arrest violators committing applicable offenses. f. Respond to calls for assistance by Corps of Engineer Park Rangers. g. Assist with the nightly closures at sunset of Mallard Park, Little Ridge and Pebble Beach Parks or other areas requested by Corps personnel. 3. Patrols will begin on the first scheduled day shown on the patrol schedule (Appendix "B") or after the contractor has been notified by the Contracting Officer, Fort Worth District, that the contract has been executed,whichever is later). 4. Wylie Officers will adjust their patrol schedules and routes to serve specific parks or other areas as requested by Corps personnel. Permanent Park Rangers may make temporary adjustments in patrol schedules and routes, if emergency situations arise 5. The Wylie Chief of Police (or his designee) and the Lavon Lake Manager (or his designee) will agree to and approve all permanent schedule adjustments, and in no event will the total man- hours specified in this contract be exceeded. 6. Officers will prepare a Daily Enforcement Action Log (see Appendix "A"). The log will be completed in detail and submitted to Lavon Lake Office at the end of each week. Copies of arrest reports and accident reports (for arrests and accidents occurring on government property) will be submitted or faxed to the Lavon Lake Office as soon as possible. The fax number for the Lavon Lake Office is 972/442-1109. Copies of log sheets for Wylie Police Department records will be the responsibility of the Police Department. 7. Lake Patrol officers will remain in the lake area (in the parks and/or moving between parks or other areas of government property). If an emergency situation arises that makes it necessary for a deputy to leave the lake area, that officer will, if possible, contact a Park Ranger on duty and advise him or her of the situation. The officer will also note the time he or she left the lake area, the purpose for having to leave, and the time returned to the lake area on the Daily Law Enforcement Log. 8. All officers will wear the standard uniforms normally worn by Wylie Police Department personnel. 9. All patrol vehicles will have the standard insignia and markings normally used by Wylie Police Department. Patrol vehicles will also be equipped with standard law enforcement type lights, radios, and any other equipment necessary to perform the required services. Wylie Police W9126G-12-P-0127 Page 10 of 51 will be responsible for all vehicle costs. This includes insurance, fuel, maintenance, and any other costs associated with the operation of each vehicle. 10. Officers will notify a Park Ranger on duty of any accidents, fatalities, missing persons, or serious crimes that occur on government property. 11. The duration of this agreement has a target start date of the 18th of May 2012 and a target end date on the 4th of Sep. 2012. Specific scheduling information is found in Appendix "B." This schedule includes a one-half hour unpaid lunch break for shifts lasting longer than four hours. 12. A patrol unit will consist of a vehicle, one certified law enforcement officer, and all the equipment necessary for the performance of the officer's duties. 13. The Wylie Police Department will provide the Lavon Lake Manager with a request for payment for reimbursable services performed each month. The request for payment will be based on the number of patrol hours involved. The request for payment must include the contract number, starting and ending dates of the billing period in question. The request for payment will be submitted no later than five calendar days after the close of the month being reported. Failure to meet the criteria mentioned above may result in delayed payment. 14. The following individuals are designated to issue and receive requests for reimbursable law enforcement services under this agreement: Corps of Engineers Representative Eric Pedersen Deputy Operations Project Manager 3375 Skyview Drive Wylie, TX 75098 972/442-3141 Fax 972/442-1109 Wylie Police Department Representative John Duscio Chief of Police 2000 N. Hwy 78 Wylie, TX 75098 972/442-8171 15. An orientation for all Wylie Police Officers who plan to volunteer for this patrol shall be conducted to familiarize them with the policies and procedures of the Corps of Engineers and to familiarize Corps personnel with the function and duties of the local law enforcement- contracting agency. This orientation will be no longer than one hour and paid for under this contract at the hourly rate agree upon in this contract. 16. State and local law enforcement agencies generally have the same authority and W9126G-12-P-0127 Page 11 of 51 responsibilities on U.S. Army Corps of Engineers' property as they do elsewhere in their respective jurisdictions. Therefore, requests by the Corps of Engineers for emergency law enforcement or responses by Wylie Police Department to situations occurring outside of the scope of this agreement will not be reimbursable (e.g., officers responding to a call on government property after the scheduled patrol hours, officers working a call on government property and having to stay past the scheduled patrol time, etc. Appendix A DAILY LAW ENFORCEMENT LOG For Reports Required Under Contract for Increased Law Enforcement Services with the U. S. Army Corps of Engineers Wylie Police Department Lavon Lake Officers Name(s) Date Period Worked on Government Property Total Number of Hours Number of Complaints Number of Arrests and Type of Complaint: W9126G-12-P-0127 Page 12 of 51 W9126G-12-P-0127 Page 13 of 51 Section F-Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 04-SEP-2012 1 LAVON LAKE OFFICE M2ROP50 USAED,FORT WORTH 3375 SKYVIEW DRIVE WYLIE TX 75098-5775 972-442-3141 FOB: Destination W9126G-12-P-0127 Page 14 of 51 Section G-Contract Administration Data QASP QUALITY ASSURANCE SURVEILLANCE PLAN Contract for Increased Law Enforcement Services, Lavon Lake WYLIE POLICE DEPARTMENT 1. Overview: This contract establishes a specific increased level of law enforcement services to be provided by Wylie Police Department to the US Army Corps of Engineers at Lavon Lake. This is a sole-source contract, since the Wylie Police Department is the only agency with the requisite authority and responsibility to provide these services. 2. Definition of Services: Increased services are defined in the contract's Scope of Work (SOW) as the contractor's provision of a dedicated officer and vehicle to patrol and enforce applicable state and local laws in accordance with their agency policy, procedures, and interpretations. Services will be performed in accordance with the schedule contained in the SOW. Contracted services are to supplement the year-round duties and activities which the contractor is responsible to perform even absent the contract. 3. Surveillance of Services: Officers providing service under this contract are required to complete and submit a Daily Enforcement Action Summary Log documenting their activities performed during their work shifts, and to turn the logs into their supervisor at the end of each shift. The completed daily enforcement action summary logs will then be submitted to the Lake Manager by the fifth day after the end of the month of service. 4. Surveillance Documentation: a. The contractor shall provide a request for payment each month for reimbursable services performed. The request for payment shall include the number of man-hours worked during the billing period (which must correspond with the Daily Enforcement Action Logs) and the total monthly expenses. Contracting Officer's Representative (COR) will examine logs to ensure accuracy prior to authorizing payment. b. The QA will document verification of the contractor's performance monthly for verification by the COR to the Contracting Officer. These reports will become part of the formal QA documentation. The COR will maintain a complete QA file, containing copies of all evaluations and related documentation. The COR will forward these records to the Contracting Officer at completion of the contract. W9126G-12-P-0127 Page 15 of 51 c. The services provided by the contractor are subject to inspection by the COR to ensure adherence to the terms of the Scope of Work. If the contractor fails to provide the services as specified, the Government reserves the right to terminate the contract. ACCOUNTING AND APPROPRIATION DATA AA:96 NA X/X 3123.0000 CCS:210 M2 X 08 2455 009580 96412 2540 2G170K NA 2H54G7 AMOUNT:$50,831.95 CIN W45XMA209559500001:$50,831.95 W9126G-12-P-0127 Page 16 of 51 Section I-Contract Clauses CLAUSES INCORPORATED BY FULL TEXT 52.203-7 ANTI-KICKBACK PROCEDURES. (OCT 2010) (a)Definitions. "Kickback,"as used in this clause,means any money,fee,commission,credit,gift,gratuity,thing of value,or compensation of any kind which is provided,directly or indirectly,to any prime Contractor,prime Contractor employee, subcontractor,or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract. "Person," as used in this clause,means a corporation,partnership,business association of any kind,trust,joint-stock company,or individual. "Prime contract,"as used in this clause,means a contract or contractual action entered into by the United States for the purpose of obtaining supplies,materials,equipment,or services of any kind. "Prime Contractor," as used in this clause,means a person who has entered into a prime contract with the United States. "Prime Contractor employee," as used in this clause,means any officer,partner,employee,or agent of a prime Contractor. "Subcontract," as used in this clause,means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies,materials,equipment,or services of any kind under a prime contract. "Subcontractor," as used in this clause, (1)means any person,other than the prime Contractor,who offers to furnish or furnishes any supplies,materials,equipment,or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract,and(2)includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor. "Subcontractor employee," as used in this clause,means any officer,partner,employee,or agent of a subcontractor. (b)The Anti-Kickback Act of 1986(41 U.S.C. 51-58)(the Act),prohibits any person from- (1)Providing or attempting to provide or offering to provide any kickback; (2) Soliciting,accepting,or attempting to accept any kickback;or (3)Including,directly or indirectly,the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. (c)(1)The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph(b)of this clause in its own operations and direct business relationships. (2)When the Contractor has reasonable grounds to believe that a violation described in paragraph(b)of this clause may have occurred,the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency,the head of the contracting agency if the agency does not W9126G-12-P-0127 Page 17 of 51 have an inspector general,or the Department of Justice. (3)The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph(b)of this clause. (4)The Contracting Officer may (i)offset the amount of the kickback against any monies owed by the United States under the prime contract and/or(ii)direct that the Prime Contractor withhold,from sums owed a subcontractor under the prime contract,the amount of any kickback. The Contracting Officer may order the monies withheld under subdivision(c)(4)(ii)of this clause be paid over to the Government unless the Government has already offset those monies under subdivision(c)(4)(i)of this clause. In either case,the Prime Contractor shall notify the Contracting Officer when the monies are withheld. (5)The Contractor agrees to incorporate the substance of this clause,including this subparagraph(c)(5)but excepting subparagraph(c)(1),in all subcontracts under this contract which exceed$150,000. CLAUSES INCORPORATED BY FULL TEXT 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper(May 2011) (a)Definitions. As used in this clause-- Postconsumer fiber means— (1)Paper,paperboard,and fibrous materials from retail stores,office buildings,homes,and so forth, after they have passed through their end-usage as a consumer item,including:used corrugated boxes;old newspapers;old magazines;mixed waste paper;tabulating cards;and used cordage;or (2)All paper,paperboard,and fibrous materials that enter and are collected from municipal solid waste;but not (3)Fiber derived from printers'over-runs,converters'scrap,and over-issue publications. (b)The Contractor is required to submit paper documents, such as offers,letters,or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber,whenever practicable,when not using electronic commerce methods to submit information or data to the Government. (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.204-7 CENTRAL CONTRACTOR REGISTRATION(APR 2008) (a)Definitions. As used in this clause-- Central Contractor Registration(CCR)database means the primary Government repository for Contractor information required for the conduct of business with the Government. W9126G-12-P-0127 Page 18 of 51 Data Universal Numbering System(DUNS)number means the 9-digit number assigned by Dun and Bradstreet,Inc. (D&B)to identify unique business entities. Data Universal Numbering System+4(DUNS+4)number means the DUNS number assigned by D&B plus a 4- character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer(EFT)accounts(see the FAR at Subpart 32.11)for the same parent concern. Registered in the CCR database means that-- (1)The Contractor has entered all mandatory information,including the DUNS number or the DUNS+4 number, into the CCR database;and (2)The Government has validated all mandatory data fields,to include validation of the Taxpayer Identification Number(TIN)with the Internal Revenue Service(IRS),and has marked the record"Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process. (b)(1)By submission of an offer,the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award,during performance,and through final payment of any contract,basic agreement,basic ordering agreement,or blanket purchasing agreement resulting from this solicitation. (2)The offeror shall enter,in the block with its name and address on the cover page of its offer,the annotation "DUNS"or"DUNS+4"followed by the DUNS or DUNS+4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. (c)If the offeror does not have a DUNS number,it should contact Dun and Bradstreet directly to obtain one. (1)An offeror may obtain a DUNS number-- (i)Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access,it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States;or (ii)If located outside the United States,by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2)The offeror should be prepared to provide the following information: (i) Company legal business. (ii)Tradestyle,doing business,or other name by which your entity is commonly recognized. (iii)Company Physical Street Address,City, State,and Zip Code. (iv) Company Mailing Address, City, State and Zip Code (if separate from physical). (v)Company Telephone Number. (vi)Date the company was started. (vii)Number of employees at your location. W9126G-12-P-0127 Page 19 of 51 (viii)Chief executive officer/key manager. (ix)Line of business(industry). (x)Company Headquarters name and address(reporting relationship within your entity). (d)If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e)Processing time,which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f)The Contractor is responsible for the accuracy and completeness of the data within the CCR database,and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration,the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete.Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g)(1)(i)If a Contractor has legally changed its business name,"doing business as"name,or division name (whichever is shown on the contract),or has transferred the assets used in performing the contract,but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12,the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to(A)change the name in the CCR database; (B)comply with the requirements of Subpart 42.12 of the FAR;and(C)agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii)If the Contractor fails to comply with the requirements of paragraph(g)(1)(i)of this clause,or fails to perform the agreement at paragraph(g)(1)(i)(C)of this clause,and,in the absence of a properly executed novation or change-of-name agreement,the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the"Suspension of Payment"paragraph of the electronic funds transfer(EFT)clause of this contract. (2)The Contractor shall not change the name or address for EFT payments or manual payments,as appropriate,in the CCR record to reflect an assignee for the purpose of assignment of claims(see FAR Subpart 32.8,Assignment of Claims). Assignees shall be separately registered in the CCR database.Information provided to the Contractor's CCR record that indicates payments,including those made by EFT,to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the"Suspension of payment" paragraph of the EFT clause of this contract. (h)Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423,or 269-961-5757. (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT(OCT 1997) Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: W9126G-12-P-0127 Page 20 of 51 (a)The Schedule(excluding the specifications). (b)Representations and other instructions. (c) Contract clauses. (d)Other documents,exhibits,and attachments. (e)The specifications. (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract,the Contractor shall immediately give notice,including all relevant information,to the Contracting Officer. (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.222-3 CONVICT LABOR(JUN 2003) (a)Except as provided in paragraph(b)of this clause,the Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State,the District of Columbia,Puerto Rico,the Northern Mariana Islands,American Samoa, Guam,or the U.S. Virgin Islands. (b)The Contractor is not prohibited from employing persons-- (1)On parole or probation to work at paid employment during the term of their sentence; (2)Who have been pardoned or who have served their terms;or (3)Confined for violation of the laws of any of the States,the District of Columbia,Puerto Rico,the Northern Mariana Islands,American Samoa, Guam,or the U.S. Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction,if-- (i)The worker is paid or is in an approved work training program on a voluntary basis; (ii)Representatives of local union central bodies or similar labor union organizations have been consulted; (iii) Such paid employment will not result in the displacement of employed workers,or be applied in skills,crafts, or trades in which there is a surplus of available gainful labor in the locality,or impair existing contracts for services; W9126G-12-P-0127 Page 21 of 51 (iv)The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed;and (v)The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755,as amended by Executive Orders 12608 and 12943. (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.222-21 PROHIBITION OF SEGREGATED FACILITIES(FEB 1999) (a) Segregated facilities,as used in this clause,means any waiting rooms,work areas,rest rooms and wash rooms, restaurants and other eating areas,time clocks,locker rooms and other storage or dressing areas,parking lots, drinking fountains,recreation or entertainment areas,transportation,and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race,color,religion, sex,or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (b)The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments,and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c)The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.222-26 EQUAL OPPORTUNITY(MAR 2007) (a)Definition.United States,as used in this clause,means the 50 States,the District of Columbia,Puerto Rico,the Northern Mariana Islands,American Samoa, Guam,the U.S. Virgin Islands,and Wake Island. (b)(1)If,during any 12-month period(including the 12 months preceding the award of this contract),the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000,the Contractor shall comply with this clause,except for work performed outside the United States by employees who were not recruited within the United States.Upon request,the Contractor shall provide information necessary to determine the applicability of this clause. (2)If the Contractor is a religious corporation,association,educational institution,or society,the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities(41 CFR 60-1.5). W9126G-12-P-0127 Page 22 of 51 (c)(1)The Contractor shall not discriminate against any employee or applicant for employment because of race, color,religion, sex,or national origin.However,it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation,in connection with employment opportunities on or near an Indian reservation,as permitted by 41 CFR 60-1.5. (2)The Contractor shall take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race,color,religion, sex,or national origin. This shall include, but not be limited to, (i)employment, (ii)upgrading,(iii)demotion, (iv)transfer, (v)recruitment or recruitment advertising, (vi)layoff or termination, (vii)rates of pay or other forms of compensation,and(viii) selection for training,including apprenticeship. (3)The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4)The Contractor shall,in all solicitations or advertisements for employees placed by or on behalf of the Contractor,state that all qualified applicants will receive consideration for employment without regard to race, color,religion, sex,or national origin. (5)The Contractor shall send,to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding,the notice to be provided by the Contracting Officer advising the labor union or workers'representative of the Contractor's commitments under this clause,and post copies of the notice in conspicuous places available to employees and applicants for employment. (6)The Contractor shall comply with Executive Order 11246,as amended,and the rules,regulations,and orders of the Secretary of Labor. (7)The Contractor shall furnish to the contracting agency all information required by Executive Order 11246,as amended,and by the rules,regulations,and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100(EEO-1),or any successor form,as prescribed in 41 CFR part 60-1.Unless the Contractor has filed within the 12 months preceding the date of contract award,the Contractor shall,within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs(OFCCP)or the local office of the Equal Employment Opportunity Commission for the necessary forms. (8)The Contractor shall permit access to its premises,during normal business hours,by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books,accounts,records(including computerized records),and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246,as amended,and rules and regulations that implement the Executive Order. (9)If the OFCCP determines that the Contractor is not in compliance with this clause or any rule,regulation,or order of the Secretary of Labor,this contract may be canceled,terminated,or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts,under the procedures authorized in Executive Order 11246,as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246,as amended;in the rules,regulations,and orders of the Secretary of Labor;or as otherwise provided by law. (10)The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules,regulations,or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (11)The Contractor shall take such action with respect to any subcontract or purchase order as the contracting officer may direct as a means of enforcing these terms and conditions,including sanctions for noncompliance; provided,that if the Contractor becomes involved in,or is threatened with,litigation with a subcontractor or vendor as a result of any direction,the Contractor may request the United States to enter into the litigation to protect the W9126G-12-P-0127 Page 23 of 51 interests of the United States. (c)Notwithstanding any other clause in this contract,disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. (End of clause) 52.222-35 EQUAL OPPORTUNITY FOR VETERANS(SEP 2010) (a)Definitions. As used in this clause-- All employment openings means all positions except executive and senior management,those positions that will be filled from within the Contractor's organization,and positions lasting 3 days or less.This term includes full-time employment,temporary employment of more than 3 days duration,and part-time employment. Armed Forces service medal veteran means any veteran who,while serving on active duty in the U.S. military, ground,naval,or air service,participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985 (61 FR 1209). Disabled veteran means-- (1)A veteran of the U.S. military,ground,naval,or air service,who is entitled to compensation(or who but for the receipt of military retired pay would be entitled to compensation)under laws administered by the Secretary of Veterans Affairs;or (2)A person who was discharged or released from active duty because of a service-connected disability. Executive and senior management means— (1)Any employee-- (i) Compensated on a salary basis at a rate of not less than$455 per week(or$380 per week,if employed in American Samoa by employers other than the Federal Government),exclusive of board,lodging or other facilities; (ii)Whose primary duty consists of the management of the enterprise in which the individual is employed or of a customarily recognized department or subdivision thereof; (iii)Who customarily and regularly directs the work of two or more other employees;and (iv)Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight;or (2)Any employee who owns at least a bona fide 20-percent equity interest in the enterprise in which the employee is employed,regardless of whether the business is a corporate or other type of organization,and who is actively engaged in its management. Other protected veteran means a veteran who served on active duty in the U.S. military,ground,naval,or air service,during a war or in a campaign or expedition for which a campaign badge has been authorized under the laws administered by the Department of Defense. W9126G-12-P-0127 Page 24 of 51 Positions that will be filled from within the Contractor's organization means employment openings for which the Contractor will give no consideration to persons outside the Contractor's organization(including any affiliates, subsidiaries,and parent companies)and includes any openings the Contractor proposes to fill from regularly established"recall"lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of its organization. Qualified disabled veteran means a disabled veteran who has the ability to perform the essential functions of the employment positions with or without reasonable accommodation. Recently separated veteran means any veteran during the three-year period beginning on the date of such veteran's discharge or release from active duty in the U.S. military,ground,naval or air service. (b)General. (1)The Contractor shall not discriminate against any employee or applicant for employment because the individual is a disabled veteran,recently separated veteran,other protected veterans,or Armed Forces service medal veteran, regarding any position for which the employee or applicant for employment is qualified. The Contractor shall take affirmative action to employ,advance in employment,and otherwise treat qualified individuals,including qualified disabled veterans,without discrimination based upon their status as a disabled veteran,recently separated veteran, Armed Forces service medal veteran,and other protected veteran in all employment practices including the following: (i)Recruitment,advertising,and job application procedures. (ii)Hiring,upgrading,promotion, award of tenure,demotion,transfer,layoff,termination,right of return from layoff and rehiring. (iii)Rate of pay or any other form of compensation and changes in compensation. (iv)Job assignments,job classifications,organizational structures,position descriptions,lines of progression,and seniority lists. (v)Leaves of absence, sick leave,or any other leave. (vi)Fringe benefits available by virtue of employment,whether or not administered by the Contractor. (vii) Selection and financial support for training,including apprenticeship,and on-the-job training under 38 U.S.C. 3687,professional meetings,conferences,and other related activities,and selection for leaves of absence to pursue training. (viii)Activities sponsored by the Contractor including social or recreational programs. (ix)Any other term,condition,or privilege of employment. (2)The Contractor shall comply with the rules,regulations,and relevant orders of the Secretary of Labor issued under the Vietnam Era Veterans'Readjustment Assistance Act of 1972(the Act),as amended(38 U.S.C. 4211 and 4212). (3)The Department of Labor's regulations require contractors with 50 or more employees and a contract of $100,000 or more to have an affirmative action program for veterans. See 41 CFR part 60-300, subpart C. (c)Listing openings. W9126G-12-P-0127 Page 25 of 51 (1)The Contractor shall immediately list all employment openings that exist at the time of the execution of this contract and those which occur during the performance of this contract,including those not generated by this contract,and including those occurring at an establishment of the Contractor other than the one where the contract is being performed,but excluding those of independently operated corporate affiliates,at an appropriate employment service delivery system where the opening occurs.Listing employment openings with the State workforce agency job bank or with the local employment service delivery system where the opening occurs shall satisfy the requirement to list jobs with the appropriate employment service delivery system. (2)The Contractor shall make the listing of employment openings with the appropriate employment service delivery system at least concurrently with using any other recruitment source or effort and shall involve the normal obligations of placing a bona fide job order,including accepting referrals of veterans and nonveterans. This listing of employment openings does not require hiring any particular job applicant or hiring from any particular group of job applicants and is not intended to relieve the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment. (3)Whenever the Contractor becomes contractually bound to the listing terms of this clause,it shall advise the State workforce agency in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the State agency,it need not advise the State agency of subsequent contracts. The Contractor may advise the State agency when it is no longer bound by this contract clause. (d)Applicability.This clause does not apply to the listing of employment openings that occur and are filled outside the 50 States,the District of Columbia,Puerto Rico,the Northern Mariana Islands,American Samoa, Guam,the U.S. Virgin Islands,and Wake Island. (e)Postings. (1)The Contractor shall post employment notices in conspicuous places that are available to employees and applicants for employment. (2)The employment notices shall-- (i) State the rights of applicants and employees as well as the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are disabled veterans,recently separated veterans,Armed Forces service medal veterans,and other protected veterans; and (ii)Be in a form prescribed by the Director,Office of Federal Contract Compliance Programs,and provided by or through the Contracting Officer. (3)The Contractor shall ensure that applicants or employees who are disabled veterans are informed of the contents of the notice(e.g.,the Contractor may have the notice read to a visually disabled veteran,or may lower the posted notice so that it can be read by a person in a wheelchair). (4)The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement,or other contract understanding,that the Contractor is bound by the terms of the Act and is committed to take affirmative action to employ,and advance in employment,qualified disabled veterans,recently separated veterans,other protected veterans,and Armed Forces service medal veterans. (f)Noncompliance.If the Contractor does not comply with the requirements of this clause,the Government may take appropriate actions under the rules,regulations,and relevant orders of the Secretary of Labor. This includes implementing any sanctions imposed on a contractor by the Department of Labor for violations of this clause(52.222-35,Equal Opportunity for Veterans). These sanctions(see 41 CFR 60-300.66)may include-- (1)Withholding progress payments; W9126G-12-P-0127 Page 26 of 51 (2)Termination or suspension of the contract;or (3)Debarment of the contractor. (g) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of$100,000 or more unless exempted by rules,regulations,or orders of the Secretary of Labor. The Contractor shall act as specified by the Director,Office of Federal Contract Compliance Programs,to enforce the terms,including action for noncompliance. (End of clause) 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010) (a)General. (1)Regarding any position for which the employee or applicant for employment is qualified,the Contractor shall not discriminate against any employee or applicant because of physical or mental disability.The Contractor agrees to take affirmative action to employ,advance in employment,and otherwise treat qualified individuals with disabilities without discrimination based upon their physical or mental disability in all employment practices such as-- (i)Recruitment,advertising,and job application procedures; (ii)Hiring,upgrading,promotion, award of tenure,demotion,transfer,layoff,termination,right of return from layoff,and rehiring; (iii)Rates of pay or any other form of compensation and changes in compensation; (iv)Job assignments,job classifications,organizational structures,position descriptions,lines of progression,and seniority lists; (v)Leaves of absence, sick leave,or any other leave; (vi)Fringe benefits available by virtue of employment,whether or not administered by the Contractor; (vii) Selection and financial support for training,including apprenticeships,professional meetings,conferences,and other related activities,and selection for leaves of absence to pursue training; (viii)Activities sponsored by the Contractor,including social or recreational programs;and (ix)Any other term,condition,or privilege of employment. (2)The Contractor agrees to comply with the rules,regulations,and relevant orders of the Secretary of Labor (Secretary)issued under the Rehabilitation Act of 1973 (29 U.S.C.793) (the Act),as amended. (b)Postings. (1)The Contractor agrees to post employment notices stating-- (i)The Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified individuals with disabilities;and (ii)The rights of applicants and employees. W9126G-12-P-0127 Page 27 of 51 (2)These notices shall be posted in conspicuous places that are available to employees and applicants for employment. The Contractor shall ensure that applicants and employees with disabilities are informed of the contents of the notice(e.g.,the Contractor may have the notice read to a visually disabled individual,or may lower the posted notice so that it might be read by a person in a wheelchair). The notices shall be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance of the U.S.Department of Labor(Deputy Assistant Secretary)and shall be provided by or through the Contracting Officer. (3)The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the Contractor is bound by the terms of Section 503 of the Act and is committed to take affirmative action to employ,and advance in employment,qualified individuals with physical or mental disabilities. (c)Noncompliance. If the Contractor does not comply with the requirements of this clause,appropriate actions may be taken under the rules,regulations,and relevant orders of the Secretary issued pursuant to the Act. (d) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of$15,000 unless exempted by rules,regulations,or orders of the Secretary. The Contractor shall act as specified by the Deputy Assistant Secretary to enforce the terms,including action for noncompliance. (End of clause) 52.222-37 EMPLOYMENT REPORTS ON VETERANS(SEP 2010) (a)Definitions. As used in this clause, "Armed Forces service medal veteran,""disabled veteran,""other protected veteran,"and"recently separated veteran,"have the meanings given in the Equal Opportunity for Veterans clause 52.222-35. (b)Unless the Contractor is a State or local government agency,the Contractor shall report at least annually,as required by the Secretary of Labor,on-- (1)The total number of employees in the contractor's workforce,by job category and hiring location,who are disabled veterans,other protected veterans,Armed Forces service medal veterans,and recently separated veterans. (2)The total number of new employees hired during the period covered by the report,and of the total,the number of disabled veterans,other protected veterans,Armed Forces service medal veterans,and recently separated veterans;and (3)The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report. (c)The Contractor shall report the above items by completing the Form VETS-100A,entitled"Federal Contractor Veterans'Employment Report(VETS-100A Report)." (d)The Contractor shall submit VETS-100A Reports no later than September 30 of each year. (e)The employment activity report required by paragraphs(b)(2)and(b)(3)of this clause shall reflect total new hires,and maximum and minimum number of employees,during the most recent 12-month period preceding the ending date selected for the report. Contractors may select an ending date-- (1)As of the end of any pay period between July 1 and August 31 of the year the report is due;or W9126G-12-P-0127 Page 28 of 51 (2)As of December 31,if the Contractor has prior written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100). (f)The number of veterans reported must be based on data known to the contractor when completing the VETS- 100A. The contractor's knowledge of veterans status may be obtained in a variety of ways,including an invitation to applicants to self-identify(in accordance with 41 CFR 60-300.42),voluntary self-disclosure by employees,or actual knowledge of veteran status by the contractor. This paragraph does not relieve an employer of liability for discrimination under 38 U.S.C. 4212. (g)The Contractor shall insert the terms of this clause in subcontracts of$100,000 or more unless exempted by rules,regulations,or orders of the Secretary of Labor. (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007) (a)Definitions. As used in this clause-- "Act," means the Service Contract Act of 1965 (41 U.S.C. 351,et seq.). "Contractor,"when this clause is used in any subcontract, shall be deemed to refer to the subcontractor,except in the term"Government Prime Contractor." "Service employee," means any person engaged in the performance of this contract other than any person employed in a bona fide executive,administrative,or professional capacity,as these terms are defined in Part 541 of Title 29, Code of Federal Regulations,as revised.It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons. (b)Applicability. This contract is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor(29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 356,as interpreted in Subpart C of 29 CFR Part 4. (c) Compensation. (1)Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor,or authorized representative, as specified in any wage determination attached to this contract. (2)(i)If a wage determination is attached to this con-tract,the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract(i.e.,the work to be performed is not performed by any classification listed in the wage determination)so as to provide a reasonable relationship (i.e.,appropriate level of skill comparison)between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph(c). (ii)This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form(SF) 1444,Request For Authorization of Additional Classification and Rate,to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement W9126G-12-P-0127 Page 29 of 51 of the employees'authorized representatives or the employees themselves together with the agency recommendation),and all pertinent informa-tion to the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor. The Wage and Hour Division will approve,modify,or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary. (iii)The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken.Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination. (iv)(A)The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may,for example,be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems(Federal Wage Board Pay System and the General Schedule)or from other wage determina-tions issued in the same locality.Basic to the establishment of any conformable wage rate(s)is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed. (B)In the case of a contract modification,an exercise of an option,or extension of an existing contract,or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph(c)of this clause,a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing(i.e.,adjusting)the previous conformed rate and fringe benefits by an amount equal to the average (mean)percentage increase(or decrease,where appropriate)between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination,and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees,the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision(c)(2)(ii)of this clause need not be followed. (C)No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1)of the Fair Labor Standards Act of 1938,as amended. (v)The wage rate and fringe benefits finally determined under this subparagraph(c)(2)of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification.Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (vi)Upon discovery of failure to comply with subparagraph(c)(2)of this clause,the Wage and Hour Division shall make a final determination of conformed classification,wage rate,and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work. (3)Adjustment of Compensation. If the term of this contract is more than 1 year,the minimum monetary wages and fringe benefits required to be paid or fur-nished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years,under wage determinations issued by the Wage and Hour Division. (d)Obligation to Furnish Fringe Benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under subparagraph(c)(2)of this clause by furnishing equivalent combinations of bona fide fringe benefits,or by making equivalent or differential cash payments,only in accordance with Subpart D of 29 CFR Part 4. W9126G-12-P-0127 Page 30 of 51 (e)Minimum Wage. In the absence of a minimum wage attachment for this contract,neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract(regardless of whether the person is a service employee)less than the minimum wage specified by section 6(a)(1)of the Fair Labor Standards Act of 1938.Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee. (f) Successor Contracts. If this contract succeeds a contract subject to the Act under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement,in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits,neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work(regardless of whether or not such employee was employed under the predecessor contract),less than the wages and fringe benefits provided for in such collective bargaining agreement,to which such employee would have been entitled if employed under the predecessor contract,including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement.No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b)apply or unless the Secretary of Labor or the Secretary's authorized representative finds,after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality,or determines,as provided in 29 CFR 4.11,that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations.Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality,and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations,the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract,in accordance with the decision of the Administrator,the Administrative Law Judge,or the Administrative Review Board,as the case may be,irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract(53 Comp. Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision. (g)Notification to Employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract,or shall post the wage determination attached to this contract. The poster provided by the Department of Labor(Publication WH 1313)shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a)(4)of the Act and of this contract. (h) Safe and Sanitary Working Conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary,hazardous,or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925. (i)Records. (1)The Contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work,and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division,Employment Standards Administration,a record of the following: (i)For each employee subject to the Act-- (A)Name and address and social security number; (B)Correct work classification or classifications,rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits,and total daily and weekly compensation; W9126G-12-P-0127 Page 31 of 51 (C)Daily and weekly hours worked by each employee;and (D)Any deductions,rebates,or refunds from the total daily or weekly compensation of each employee. (ii)For those classes of service employees not included in any wage determination attached to this contract,wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph(c)of this clause. A copy of the report required by subdivision(c)(2)(ii)of this clause will fulfill this requirement. (iii)Any list of the predecessor Contractor's employees which had been furnished to the Contractor as prescribed by paragraph(n)of this clause. (2)The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division. (3)Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract,and in the case of failure to produce these records,the Contracting Officer,upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases. (4)The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (j)Pay Periods. The Contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction(except as otherwise provided by law or regulations,29 CFR Part 4),rebate, or kickback on any account. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this Act may not be of any duration longer than semi-monthly. (k)Withholding of Payments and Termination of Contract.The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act,the Contracting Officer may,after authorization or by direction of the Department of Labor and written notification to the Contractor,take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally,any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event,the Government may enter into other contracts or arrangements for completion of the work,charging the Contractor in default with any additional cost. (1) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Act. (m)Collective Bargaining Agreements Applicable to Service Employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed,the Government Prime Contractor shall report such fact to the Contracting Officer,together with full information as to the application and accrual of such wages and fringe benefits,including any prospective increases,to service employees engaged in work on the contract,and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract,in the case of collective bargaining agreements effective at such time,and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof. W9126G-12-P-0127 Page 32 of 51 (n) Seniority List.Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor)or successor(29 CFR 4.173),the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract. (o)Rulings and Interpretations.Rulings and interpretations of the Act are contained in Regulations,29 CFR Part 4. (p)Contractor's Certification. (1)By entering into this contract,the Contractor(and officials thereof)certifies that neither it(nor he or she)nor any person or firm who has a substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under section 5 of the Act. (2)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under section 5 of the Act. (3)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (q)Variations,Tolerances,and Exemptions Involving Employment.Notwithstanding any of the provisions in paragraphs(b)through(o)of this clause,the following employees may be employed in accordance with the following variations,tolerances,and exemptions,which the Secretary of Labor,pursuant to section 4(b)of the Act prior to its amendment by Pub.L. 92-473,found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business: (1)Apprentices, student-learners,and workers whose earning capacity is impaired by age,physical or mental deficiency,or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a)(1)or 2(b)(1)of the Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a)(2)of the Act,in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners,handicapped persons,and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938,in the regulations issued by the Administrator(29 CFR Parts 520, 521, 524,and 525). (2)The Administrator will issue certificates under the Act for the employment of apprentices, student-learners, handicapped persons,or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938,or subject to different minimum rates of pay under the two acts,authorizing appropriate rates of minimum wages(but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof),applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938(29 CFR Parts 520, 521, 524,and 525). (3)The Administrator will also withdraw,annul,or cancel such certificates in accordance with the regulations in 29 CFR Parts 525 and 528. (r)Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S.Department of Labor,or if no such recognized agency exists in a State,under a program registered with the Office of Apprenticeship Training,Employer,and Labor Services(OA ILLS),U.S.Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program,expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to W9126G-12-P-0127 Page 33 of 51 journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. (s)Tips. An employee engaged in an occupation in which the employee customarily and regularly receives more than$30 a month in tips may have the amount of these tips credited by the employer against the minimum wage required by section 2(a)(1)or section 2(b)(1)of the Act,in accordance with section 3(m)of the Fair Labor Standards Act and Regulations,29 CFR Part 531.However,the amount of credit shall not exceed$1.34 per hour beginning January 1, 1981. To use this provision-- (1)The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2)The employees must be allowed to retain all tips(individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); (3)The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit;and (4)The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c)of the Act. Disputes Concerning Labor Standards. The U.S.Department of Labor has set forth in 29 CFR Parts 4,6,and 8 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract.Disputes within the meaning of this clause include disputes between the Contractor(or any of its subcontractors)and the contracting agency,the U.S. Department of Labor,or the employees or their representatives. (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009) (a)Definitions. As used in this clause-- Coercion means-- (1)Threats of serious harm to or physical restraint against any person; (2)Any scheme,plan,or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person;or (3)The abuse or threatened abuse of the legal process. Commercial sex act means any sex act on account of which anything of value is given to or received by any person. Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt,if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. W9126G-12-P-0127 Page 34 of 51 Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance. Forced Labor means knowingly providing or obtaining the labor or services of a person-- (1)By threats of serious harm to,or physical restraint against,that person or another person; (2)By means of any scheme,plan,or pattern intended to cause the person to believe that,if the person did not perform such labor or services,that person or another person would suffer serious harm or physical restraint;or (3)By means of the abuse or threatened abuse of law or the legal process. Involuntary servitude includes a condition of servitude induced by means of-- (1)Any scheme,plan,or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions,that person or another person would suffer serious harm or physical restraint;or (2)The abuse or threatened abuse of the legal process. Severe forms of trafficking in persons means-- (1) Sex trafficking in which a commercial sex act is induced by force,fraud,or coercion,or in which the person induced to perform such act has not attained 18 years of age;or (2)The recruitment,harboring,transportation,provision,or obtaining of a person for labor or services,through the use of force,fraud,or coercion for the purpose of subjection to involuntary servitude,peonage,debt bondage,or slavery. Sex trafficking means the recruitment,harboring,transportation,provision,or obtaining of a person for the purpose of a commercial sex act. (b)Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not-- (1)Engage in severe forms of trafficking in persons during the period of performance of the contract; (2)Procure commercial sex acts during the period of performance of the contract;or (3)Use forced labor in the performance of the contract. (c)Contractor requirements. The Contractor shall-- (1)Notify its employees of-- (i)The United States Government's zero tolerance policy described in paragraph(b)of this clause;and (ii)The actions that will be taken against employees for violations of this policy. Such actions may include,but are not limited to,removal from the contract,reduction in benefits,or termination of employment;and (2)Take appropriate action,up to and including termination,against employees or subcontractors that violate the policy in paragraph(b)of this clause. (d)Notification. The Contractor shall inform the Contracting Officer immediately of-- W9126G-12-P-0127 Page 35 of 51 (1)Any information it receives from any source(including host country law enforcement)that alleges a Contractor employee, subcontractor,or subcontractor employee has engaged in conduct that violates this policy;and (2)Any actions taken against Contractor employees, subcontractors,or subcontractor employees pursuant to this clause. (e)Remedies. In addition to other remedies available to the Government,the Contractor's failure to comply with the requirements of paragraphs(c),(d),or(f)of this clause may result in-- (1)Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract; (2)Requiring the Contractor to terminate a subcontract; (3) Suspension of contract payments; (4)Loss of award fee,consistent with the award fee plan,for the performance period in which the Government determined Contractor non-compliance; (5)Termination of the contract for default or cause,in accordance with the termination clause of this contract;or (6) Suspension or debarment. (f) Subcontracts. The Contractor shall include the substance of this clause,including this paragraph(f),in all subcontracts. (g)Mitigating Factor. The Contracting Officer may consider whether the Contractor had a Trafficking in Persons awareness program at the time of the violation as a mitigating factor when determining remedies.Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State's Office to Monitor and Combat Trafficking in Persons at http:llwww.state.govlg/tip. (End of clause) 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA(JAN 1997) (a) "Hazardous material",as used in this clause,includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract). (b)The offeror must list any hazardous material,as defined in paragraph(a)of this clause,to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number.This information shall also be included on the Material Safety Data Sheet submitted under this contract. Material Identification No. (If none, insert"None") W9126G-12-P-0127 Page 36 of 51 (c)This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous. (d)The apparently successful offeror agrees to submit,for each item as required prior to award,a Material Safety Data Sheet,meeting the requirements of 29 CFR 1910.1200(g)and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph(b)of this clause.Data shall be submitted in accordance with Federal Standard No. 313,whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award. (e)If,after award,there is a change in the composition of the item(s)or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph(d)of this clause,the Contractor shall promptly notify the Contracting Officer and resubmit the data. (f)Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor,or subcontractor personnel or property. (g)Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State,and local laws,codes,ordinances,and regulations(including the obtaining of licenses and permits)in connection with hazardous material. (h)The Government's rights in data furnished under this contract with respect to hazardous material are as follows: (1)To use,duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-- (i)Apprise personnel of the hazards to which they may be exposed in using,handling,packaging,transporting,or disposing of hazardous materials; (ii)Obtain medical treatment for those affected by the material;and (iii)Have others use,duplicate,and disclose the data for the Government for these purposes. (2)To use,duplicate,and disclose data furnished under this clause,in accordance with subparagraph(h)(1)of this clause,in precedence over any other clause of this contract providing for rights in data. (3)The Government is not precluded from using similar or identical data acquired from other sources. (End of clause) 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION(MAY 2011) (a)Definitions. As used in this clause-- "Toxic chemical means a chemical or chemical category listed in 40 CFR 372.65." (b)Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right- to-Know Act of 1986(EPCRA)(42 U.S.C. 11001-11050),and the Pollution Prevention Act of 1990 (PPA)(42 U.S.C. 13101-13109). (c)The Contractor shall provide all information needed by the Federal facility to comply with the following: W9126G-12-P-0127 Page 37 of 51 (1)The emergency planning reporting requirements of section 302 of EPCRA. (2)The emergency notice requirements of section 304 of EPCRA. (3)The list of Material Safety Data Sheets,required by section 311 of EPCRA. (4)The emergency and hazardous chemical inventory forms of section 312 of EPCRA. (5)The toxic chemical release inventory of section 313 of EPCRA,which includes the reduction and recycling information required by section 6607 of PPA. (6)The toxic chemical and hazardous substance release and use reduction goals of section 2(e)of Executive Order 13423 and of Executive Order 13514. (End of clause) 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN 1LXT MESSAGING WHILE DRIVING (AUG 2011) (a)Definitions. As used in this clause-- Driving— (1)Means operating a motor vehicle on an active roadway with the motor running,including while temporarily stationary because of traffic,a traffic light,stop sign,or otherwise. (2)Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of,or off,an active roadway and has halted in a location where one can safely remain stationary. Text messaging means reading from or entering data into any handheld or other electronic device,including for the purpose of short message service texting,e-mailing,instant messaging,obtaining navigational information,or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle,provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b)This clause implements Executive Order 13513,Federal Leadership on Reducing Text Messaging while Driving,dated October 1,2009. (c)The Contractor is encouraged to-- (1)Adopt and enforce policies that ban text messaging while driving-- (i)Company-owned or-rented vehicles or Government-owned vehicles;or (ii)Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2)Conduct initiatives in a manner commensurate with the size of the business, such as-- W9126G-12-P-0127 Page 38 of 51 (i)Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving;and (ii)Education,awareness,and other outreach to employees about the safety risks associated with texting while driving. (d) Subcontracts. The Contractor shall insert the substance of this clause,including this paragraph(d),in all subcontracts that exceed the micro-purchase threshold. (End of clause) 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (a)Except as authorized by the Office of Foreign Assets Control(OFAC)in the Department of the Treasury,the Contractor shall not acquire,for use in the performance of this contract,any supplies or services if any proclamation,Executive order,or statute administered by OFAC,or if OFAC's implementing regulations at 31 CFR chapter V,would prohibit such a transaction by a person subject to the jurisdiction of the United States. (b)Except as authorized by OFAC,most transactions involving Cuba,Iran,and Sudan are prohibited,as are most imports from Burma or North Korea,into the United States or its outlying areas.Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at TerListl.html.More information about these restrictions,as well as updates,is available in the OFAC's regulations at 31 CFR chapter V and/or on OFAC's Web site at http://www.treas.gov/offices/enforcement/ofac/. (c)The Contractor shall insert this clause,including this paragraph(c),in all subcontracts. (End of clause) 52.229-3 FEDERAL, STATE,AND LOCAL TAXES(APR 2003) (a)As used in this clause-- "Contract date"means the date set for bid opening or,if this is a negotiated contract or a modification,the effective date of this contract or modification. "All applicable Federal, State,and local taxes and duties"means all taxes and duties,in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract. "After-imposed Federal tax"means any new or increased Federal excise tax or duty,or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period,on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative,judicial,or administrative action taking effect after the contract date. It does not include social security tax or other employment taxes. "After-relieved Federal tax"means any amount of Federal excise tax or duty,except social security or other employment taxes,that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear,or for which the Contractor obtains a refund or drawback,as the result of legislative,judicial,or administrative action taking effect after the contract date. W9126G-12-P-0127 Page 39 of 51 Local taxes includes taxes imposed by a possession or territory of the United States,Puerto Rico,or the Northern Mariana Islands,if the contract is performed wholly or partly in any of those areas. (b)The contract price includes all applicable Federal, State,and local taxes and duties. (c)The contract price shall be increased by the amount of any after-imposed Federal tax,provided the Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price,as a contingency reserve or otherwise. (d)The contract price shall be decreased by the amount of any after-relieved Federal tax. (e)The contract price shall be decreased by the amount of any Federal excise tax or duty,except social security or other employment taxes,that the Contractor is required to pay or bear,or does not obtain a refund of,through the Contractor's fault,negligence,or failure to follow instructions of the Contracting Officer. (f)No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250. (g)The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal excise tax or duty that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs. (h)The Government shall,without liability,furnish evidence appropriate to establish exemption from any Federal, State,or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption. (End of clause) 52.232-1 PAYMENTS (APR 1984) The Government shall pay the Contractor,upon the submission of proper invoices or vouchers,the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted,less any deductions provided in this contract.Unless otherwise specified in this contract,payment shall be made on partial deliveries accepted by the Government if-- (a)The amount due on the deliveries warrants it;or (b)The Contractor requests it and the amount due on the deliveries is at least$1,000 or 50 percent of the total contract price. (End of clause) 52.232-8 DISCOUNTS FOR PROMPT PAYMENT(FEB 2002) (a)Discounts for prompt payment will not be considered in the evaluation of offers.However,any offered discount will form a part of the award,and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer,offerors awarded contracts may include discounts for prompt payment on individual invoices. W9126G-12-P-0127 Page 40 of 51 (b)In connection with any discount offered for prompt payment,time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice,the due date shall be calculated from the date the designated billing office receives a proper invoice,provided the agency annotates such invoice with the date of receipt at the time of receipt.For the purpose of computing the discount earned,payment shall be considered to have been made on the date that appears on the payment check or,for an electronic funds transfer,the specified payment date. When the discount date falls on a Saturday, Sunday,or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted,payment may be made on the following business day. (End of clause) 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984) If more than one clause or Schedule term of this contract authorizes the temporary withholding of amounts otherwise payable to the Contractor for supplies delivered or services performed,the total of the amounts withheld at any one time shall not exceed the greatest amount that may be withheld under any one clause or Schedule term at that time;provided,that this limitation shall not apply to-- (a)Withholdings pursuant to any clause relating to wages or hours of employees; (b)Withholdings not specifically provided for by this contract; (c)The recovery of overpayments;and (d)Any other withholding for which the Contracting Officer determines that this limitation is inappropriate. (End of clause) 52.232-23 ASSIGNMENT OF CLAIMS(JAN 1986) (a)The Contractor,under the Assignment of Claims Act,as amended,31 U.S.C. 3727,41 U.S.C. 15 (hereafter referred to as"the Act"),may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank,trust company,or other financing institution,including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. (b)Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract,and shall not be made to more than one party,except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. (c)The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract)or information related to work under this contract until the Contracting Officer authorizes such action in writing. (End of clause) 52.233-1 DISPUTES. (JUL 2002) W9126G-12-P-0127 Page 41 of 51 (a)This contract is subject to the Contract Disputes Act of 1978,as amended(41 U.S.C. 601-613). (b)Except as provided in the Act,all disputes arising under or relating to this contract shall be resolved under this clause. (c) Claim,as used in this clause,means a written demand or written assertion by one of the contracting parties seeking,as a matter of right,the payment of money in a sum certain,the adjustment or interpretation of contract terms,or other relief arising under or relating to this contract.However,a written demand or written assertion by the Contractor seeking the payment of money exceeding$100,000 is not a claim under the Act until certified. A voucher,invoice,or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act,by complying with the submission and certification requirements of this clause,if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d)(1)A claim by the Contractor shall be made in writing and,unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2)(i)The contractors shall provide the certification specified in subparagraph(d)(2)(iii)of this clause when submitting any claim exceeding$100,000. (ii)The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii)The certification shall state as follows: "I certify that the claim is made in good faith;that the supporting data are accurate and complete to the best of my knowledge and belief;that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable;and that I am duly authorized to certify the claim on behalf of the Contractor. (3)The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. (e)For Contractor claims of$100,000 or less,the Contracting Officer must,if requested in writing by the Contractor,render a decision within 60 days of the request. For Contractor-certified claims over$100,000,the Contracting Officer must,within 60 days,decide the claim or notify the Contractor of the date by which the decision will be made. (f)The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g)If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor,the parties,by mutual consent,may agree to use alternative disput resolution(ADR). If the Contractor refuses an offer for ADR,the Contractor shall inform the Contracting Officer,in writing,of the Contractor's specific reasons for rejecting the request. (h)The Government shall pay interest on the amount found due and unpaid from(1)the date the Contracting Officer receives the claim(certified,if required);or(2)the date that payment otherwise would be due,if that date is later,until the date of payment. With regard to claims having defective certifications,as defined in(FAR)48 CFR 33.201,interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate,fixed by the Secretary of the Treasury as provided in the Act,which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6- month period as fixed by the Treasury Secretary during the pendency of the claim. (i)The Contractor shall proceed diligently with performance of this contract,pending final resolution of any request for relief,claim,appeal,or action arising under the contract,and comply with any decision of the Contracting W9126G-12-P-0127 Page 42 of 51 Officer. (End of clause) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM(OCT 2004) United States law will apply to resolve any claim of breach of this contract. (End of clause) 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,EQUIPMENT,AND VEGETATION(APR 1984) The Contractor shall use reasonable care to avoid damaging existing buildings,equipment,and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property,the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement,the Contractor shall be liable for the cost,which may be deducted from the contract price. (End of clause) 52.242-15 STOP-WORK ORDER(AUG 1989) (a)The Contracting Officer may,at any time,by written order to the Contractor,require the Contractor to stop all, or any part,of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor,and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause.Upon receipt of the order,the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor,or within any extension of that period to which the parties shall have agreed,the Contracting Officer shall either-- (1)Cancel the stop-work order;or (2)Terminate the work covered by the order as provided in the Default,or the Termination for Convenience of the Government,clause of this contract. (b)If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires,the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price,or both,and the contract shall be modified,in writing,accordingly,if-- (1)The stop-work order results in an increase in the time required for,or in the Contractor's cost properly allocable to,the performance of any part of this contract;and (2)The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided,that,if the Contracting Officer decides the facts justify the action,the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c)If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government,the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at W9126G-12-P-0127 Page 43 of 51 the termination settlement. (d)If a stop-work order is not canceled and the work covered by the order is terminated for default,the Contracting Officer shall allow,by equitable adjustment or otherwise,reasonable costs resulting from the stop-work order. (End of clause) 52.243-1 CHANGES--FIXED-PRICE(AUG 1987) (a)The Contracting Officer may at any time,by written order,and without notice to the sureties,if any,make changes within the general scope of this contract in any one or more of the following: (1)Drawings,designs,or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings,designs,or specifications. (2)Method of shipment or packing. (3)Place of delivery. (b)If any such change causes an increase or decrease in the cost of,or the time required for,performance of any part of the work under this contract,whether or not changed by the order,the Contracting Officer shall make an equitable adjustment in the contract price,the delivery schedule,or both,and shall modify the contract. (c)The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order.However,if the Contracting Officer decides that the facts justify it,the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. (d)If the Contractor's proposal includes the cost of property made obsolete or excess by the change,the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. (e)Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (End of clause) 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE(AUG 1996) (a)Definitions. "Services," as used in this clause,includes services performed,workmanship,and material furnished or utilized in the performance of services. (b)The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. (c)The Government has the right to inspect and test all services called for by the contract,to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work. (d)If the Government performs inspections or tests on the premises of the Contractor or a subcontractor,the W9126G-12-P-0127 Page 44 of 51 Contractor shall furnish,and shall require subcontractors to furnish,at no increase in contract price,all reasonable facilities and assistance for the safe and convenient performance of these duties. (e)If any of the services do not conform with contract requirements,the Government may require the Contractor to perform the services again in conformity with contract requirements,at no increase in contract amount. When the defects in services cannot be corrected by reperformance,the Government may(1)require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and(2)reduce the contract price to reflect the reduced value of the services performed. (f)If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements,the Government may(1)by contract or otherwise,perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or(2)terminate the contract for default. (End of clause) 52.246-25 LIMITATION OF LIABILITY--SERVICES (FEB 1997) (a)Except as provided in paragraphs(b)and(c)below,and except to the extent that the Contractor is expressly responsible under this contract for deficiencies in the services required to be performed under it(including any materials furnished in conjunction with those services),the Contractor shall not be liable for loss of or damage to property of the Government that(1)occurs after Government acceptance of services performed under this contract, and(2)results from any defects or deficiencies in the services performed or materials furnished. (b)The limitation of liability under paragraph(a)above shall not apply when a defect or deficiency in,or the Government's acceptance of, services performed or materials furnished results from willful misconduct or lack of good faith on the part of any of the Contractor's managerial personnel. The term"Contractor's managerial personnel," as used in this clause,means the Contractor's directors,officers,and any of the Contractor's managers, superintendents,or equivalent representatives who have supervision or direction of-- (1)All or substantially all of the Contractor's business; (2)All or substantially all of the Contractor's operations at any one plant,laboratory,or separate location at which the contract is being performed;or (3)A separate and complete major industrial operation connected with the performance of this contract. (c)If the Contractor carries insurance,or has established a reserve for self-insurance,covering liability for loss or damage suffered by the Government through the Contractor's performance of services or furnishing of materials under this contract,the Contractor shall be liable to the Government,to the extent of such insurance or reserve,for loss of or damage to property of the Government occurring after Government acceptance of,and resulting from any defects and deficiencies in, services performed or materials furnished under this contract. (End of clause) 52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT(SERVICES) (SHORT FORM) (APR 1984) W9126G-12-P-0127 Page 45 of 51 The Contracting Officer,by written notice,may terminate this contract,in whole or in part,when it is in the Government's interest. If this contract is terminated,the Government shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. (End of clause) 52.249-8 DEFAULT(FIXED-PRICE SUPPLY AND SERVICE)(APR 1984) (a)(1)The Government may, subject to paragraphs(c)and(d)of this clause,by written notice of default to the Contractor,terminate this contract in whole or in part if the Contractor fails to-- (i)Deliver the supplies or to perform the services within the time specified in this contract or any extension; (ii)Make progress, so as to endanger performance of this contract(but see subparagraph(a)(2)of this clause);or (iii)Perform any of the other provisions of this contract(but see subparagraph(a)(2)below). (2)The Government's right to terminate this contract under subdivisions(a)(1)(ii)and(1)(iii)of this clause,may be exercised if the Contractor does not cure such failure within 10 days(or more if authorized in writing by the Contracting Officer)after receipt of the notice from the Contracting Officer specifying the failure. (b)If the Government terminates this contract in whole or in part,it may acquire,under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated,and the Contractor will be liable to the Government for any excess costs for those supplies or services.However,the Contractor shall continue the work not terminated. (c)Except for defaults of subcontractors at any tier,the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor.Examples of such causes include(1)acts of God or of the public enemy, (2)acts of the Government in either its sovereign or contractual capacity, (3)fires, (4)floods, (5)epidemics, (6)quarantine restrictions, (7) strikes, (8)freight embargoes,and(9)unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. (d)If the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is beyond the control of both the Contractor and subcontractor,and without the fault or negligence of either,the Contractor shall not be liable for any excess costs for failure to perform,unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. (e)If this contract is terminated for default,the Government may require the Contractor to transfer title and deliver to the Government,as directed by the Contracting Officer,any(1)completed supplies,and(2)partially completed supplies and materials,parts,tools,dies,jigs,fixtures,plans,drawings,information,and contract rights(collectively referred to as "manufacturing materials"in this clause)that the Contractor has specifically produced or acquired for the terminated portion of this contract.Upon direction of the Contracting Officer,the Contractor shall also protect and preserve property in its possession in which the Government has an interest. (f)The Government shall pay contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property.Failure to agree will be a dispute under the Disputes clause. The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders. W9126G-12-P-0127 Page 46 of 51 (g)If,after termination,it is determined that the Contractor was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government. (h)The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract. (End of clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE(FEB 1998) This contract incorporates one or more clauses by reference,with the same force and effect as if they were given in full text.Upon request,the Contracting Officer will make their full text available. Also,the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.almilkffara.htm (End of clause) 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) (a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisition Regulation(FAR)may be submitted on a computer generated version of the form,provided there is no change to the name,content,or sequence of the data elements on the form,and provided the form carries the Standard or Optional Form number and edition date. (b) Unless prohibited by agency regulations,any data required to be submitted on an agency unique form prescribed by an agency supplement to the FAR may be submitted on a computer generated version of the form provided there is no change to the name,content,or sequence of the data elements on the form and provided the form carries the agency form number and edition date. (h) If the Contractor submits a computer generated version of a form that is different than the required form,then the rights and obligations of the parties will be determined based on the content of the required form. (End of clause) 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN 2009) The Contractor shall inform its employees in writing of employee whistleblower rights and protections under 10 U.S.C. 2409,as described in Subpart 203.9 of the Defense Federal Acquisition Regulation Supplement. (End of clause) 252.204-7000 DISCLOSURE OF INFORMATION(DEC 1991) W9126G-12-P-0127 Page 47 of 51 (a)The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium(e.g.,film,tape,document),pertaining to any part of this contract or any program related to this contract,unless-- (1)The Contracting Officer has given prior written approval;or (2)The information is otherwise in the public domain before the date of release. (b)Requests for approval shall identify the specific information to be released,the medium to be used,and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 45 days before the proposed date for release. (c)The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer. (End of clause) 252.225-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM(OCT 2011) (a)Definitions. As used in this clause-- Commercially available off-the-shelf(COTS)item-- (i)Means any item of supply(including construction material)that is-- (A)A commercial item(as defined in paragraph(1)of the definition of"commercial item"in section 2.101 of the Federal Acquisition Regulation); (B) Sold in substantial quantities in the commercial marketplace;and (C)Offered to the Government,under a contract or subcontract at any tier,without modification,in the same form in which it is sold in the commercial marketplace;and (ii)Does not include bulk cargo,as defined in section 3 of the Shipping Act of 1984(46 U.S.C. 40102), such as agricultural products and petroleum products. Component means an article,material,or supply incorporated directly into an end product. Domestic end product means-- (i)An unmanufactured end product that has been mined or produced in the United States;or (ii)An end product manufactured in the United States if— (A)The cost of its qualifying country components and its components that are mined,produced,or manufactured in the United States exceeds 50 percent of the cost of all its components. The cost of components includes transportation costs to the place of incorporation into the end product and U.S. duty (whether or not a duty-free entry certificate is issued). Scrap generated,collected,and prepared for processing in the United States is considered domestic. A component is considered to have been mined,produced,or manufactured in the United States (regardless of its source in fact)if the end product in which it is incorporated is manufactured in the United States and the component is of a class or kind for which the Government has determined that-- W9126G-12-P-0127 Page 48 of 51 (1) Sufficient and reasonably available commercial quantities of a satisfactory quality are not mined,produced,or manufactured in the United States;or (2)It is inconsistent with the public interest to apply the restrictions of the Buy American Act;or (B)The end product is a COTS item. End product means those articles,materials,and supplies to be acquired under this contract for public use. Foreign end product means an end product other than a domestic end product. Qualifying country means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country,and the memorandum or agreement complies,where applicable,with the requirements of section 36 of the Arms Export Control Act(22 U.S.C. 2776)and with 10 U.S.C. 2457. Accordingly,the following are qualifying countries: Australia,Austria,Belgium, Canada,Denmark,Egypt,Finland,France, Germany, Greece,Israel,Italy, Luxembourg,Netherlands,Norway,Portugal, Spain, Sweden, Switzerland,Turkey,United Kingdom of Great Britain and Northern Ireland. Qualifying country component means a component mined,produced,or manufactured in a qualifying country. Qualifying country end product means-- (i)An unmanufactured end product mined or produced in a qualifying country;or (ii)An end product manufactured in a qualifying country if-- (A)The cost of the following types of components exceeds 50 percent of the cost of all its components: (1)Components mined,produced,or manufactured in a qualifying country. (2)Components mined,produced,or manufactured in the United States. (3)Components of foreign origin of a class or kind for which the Government has determined that sufficient and reasonably available commercial quantities of a satisfactory quality are not mined, produced,or manufactured in the United States;or (B)The end product is a COTS item. United States means the 50 States,the District of Columbia,and outlying areas. (b)This clause implements the Buy American Act(41 U.S.C. chapter 83). In accordance with 41 U.S.C. 1907,the component test of the Buy American Act is waived for an end product that is a COTS item(see section 12.505(a)(1) of the Federal Acquisition Regulation).Unless otherwise specified,this clause applies to all line items in the contract. (c)The Contractor shall deliver only domestic end products unless,in its offer,it specified delivery of other end products in the Buy American Act--Balance of Payments Program Certificate provision of the solicitation. If the Contractor certified in its offer that it will deliver a qualifying country end product,the Contractor shall deliver a qualifying country end product or,at the Contractor's option,a domestic end product. (d)The contract price does not include duty for end products or components for which the Contractor will claim duty-free entry. W9126G-12-P-0127 Page 49 of 51 (End of clause) 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008) (a)Definitions. As used in this clause-- (1)Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation. (2)Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems.Facsimile,e-mail,and scanned documents are not acceptable electronic forms for submission of payment requests.However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow(WAWF)or another electronic form authorized by the Contracting Officer. (3)Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. (b)Except as provided in paragraph(c)of this clause,the Contractor shall submit payment requests and receiving reports using WAWF,in one of the following electronic formats that WAWF accepts:Electronic Data Interchange, Secure File Transfer Protocol,or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/. (c)The Contractor may submit a payment request and receiving report using other than WAWF only when-- (1)The Contracting Officer authorizes use of another electronic form. With such an authorization,the Contractor and the Contracting Officer shall agree to a plan,which shall include a timeline,specifying when the Contractor will transfer to WAWF; (2)DoD is unable to receive a payment request or provide acceptance in electronic form; (3)The Contracting Officer administering the contract for payment has determined,in writing,that electronic submission would be unduly burdensome to the Contractor. In such cases,the Contractor shall include a copy of the Contracting Officer's determination with each request for payment;or (4)DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system(e.g.,PowerTrack,Transportation Financial Management System,and Cargo and Billing System). (d)The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract. (e)In addition to the requirements of this clause,the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests. (End of clause) W9126G-12-P-0127 Page 50 of 51 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) (a)26 U.S.C. 6331(h)authorizes the Internal Revenue Service(IRS)to continuously levy up to 100 percent of contract payments,up to the amount of tax debt. (b)When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract,the Contractor shall promptly notify the Procuring Contracting Officer in writing,with a copy to the Administrative Contracting Officer,and shall provide-- (1)The total dollar amount of the levy; (2)A statement that the Contractor believes that the levy may result in an inability to perform the contract,including rationale and adequate supporting documentation;and (3)Advice as to whether the inability to perform may adversely affect national security,including rationale and adequate supporting documentation. (c)DoD shall promptly review the Contractor's assessment,and the Procuring Contracting Officer shall provide a written notification to the Contractor including-- (1)A statement as to whether DoD agrees that the levy may result in an inability to perform the contract;and (2)(i)If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security,the total amount of the monies collected that should be returned to the Contractor;or (ii)If the levy may result in an inability to perform the contract but will not impact national security,a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation. (d)Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act. (End of clause) W9126G-12-P-0127 Page 51 of 51 Section J-List of Documents,Exhibits and Other Attachments Exhibit/Attachment Table of Contents DOCUMENT TYPE DESCRIPTION PAGES DATE Attachment 1 Contractor Proposal 11-APR-2012 May 2012 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1900-2300=4hrs 1500-2330=8hrs 20 21 22 23 24 25 26 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 27 28 29 30 31 1500-2330=8hrs 190-2300=4has 1500-2330=8hrs 1500-2330=8hrs June 2012 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1900-2300=4hrs 1300-2130=8hrs 1500-2330=8hrs 3 4 5 6 7 8 9 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1300-2130=8hrs 1500-2330=8hrs 10 11 12 13 14 15 16 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1300-2130=8hrs 1500-2330=8hrs 17 18 19 20 21 22 23 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1300-2130=8hrs 1500-2330=8hrs 24 25 26 27 28 29 30 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1300-2130=8hrs 1500-2330=8hrs July 2012 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 1300-2130=8hrs 1300-2130=8hrs 1300-2130=8hrs 13 -213 =8hr 1300-2130=8hrs 1300-2130=8hrs 1300-2130=8hrs 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 100-2330=8hr 1500-2330=8hrs 1500-2330=8hrs 1500-2330=8hrs 8 9 10 11 12 13 14 1300-2130=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1300-2130=8hrs 1500-2330=8hrs 1500-2330=8hrs 15 16 17 18 19 20 21 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1300-2130=8hrs 1500-2330=8hrs 22 23 24 25 26 27 28 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1300-2130=8hrs 1500-2330=8hrs 29 30 31 1500-2330=8hrs 1900-2300=4hrs August 2012 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 1900-2300=4hrs 1900-2300=4hrs 1300-2130=8hrs 1500-2330=8hrs 5 6 7 8 9 10 11 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1300-2130=8hrs 1500-2330=8hrs 12 13 14 15 16 17 18 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1300-2130=8hrs 1500-2330=8hrs 19 20 21 22 23 24 25 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1300-2130=8hrs 1500-2330=8hrs 26 27 28 29 30 31 1500-2330=8hrs 1900-2300=4hrs 1900-2300=4hrs 1300-2130=8hrs 1500-2330=8hrs September 2012 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 1300-2130=8hrs 1500-2330=8hrs 2 3 4 5 6 7 8 1300-2130=8hrs 13 -213 =8hrs 1900-2300=4hrs 1500-2330=8hrs 1500-2330=8hrs 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 700 Total Hours Wylie City Council AGENDA REPORT CITY } Meeting Date: May 8, 2012 Item Number: 1. (City Secretary's Use Only) Department: Planning Prepared By: Charles H. Lee, AICP Account Code: Date Prepared: April 18, 2012 Budgeted Amount: Exhibits: 5 Subject Hold a P ublic H earing, and c onsider a recommendation t o t he C ity Council, a mending the z oning from Agricultural District(AG/30)to S ingle-Family (SF-20/26)District on 2.88 a cres (Blakey Addition, No. 2), generally south of Alanis Lane and approximately 393 feet west of Ballard Avenue. ZC 2012-06 Recommendation Motion to recommend approval to the City Council, amending the zoning from Agricultural District(AG/30)to Single-Family (SF-20/26)District on 2.88 acres (Blakey Addition, No. 2), generally south of Alanis Lane and approximately 393 feet west of Ballard Avenue. ZC 2012-06 Discussion Owner: James Clay Blakey Applicant: James Clay Blakey The subject tract, located at 306 Alanis Drive, general located south of Alanis Drive and approximately 393 feet west of Ballard Avenue Street. The property is 2.88 a cres in size and is zoned AG/30. The owner/applicant intends to establish three separate single family residential lots in conformance with SF-20/26 standards. Prior to the current owner, the property had been used for single family and agricultural purposes. December 2011, structural fire significantly damaged the 3,000 square foot residential house on the property and has since been demolished. The request for SF-20/26 z oning allows for m edium-density single family residential houses consistent with surrounding land uses and zoning immediately to the east in providing for minimum 20,000 square foot lots. The Zoning Exhibit reflects Lots 1-3 and shall serve as Preliminary Plat, establishing lots in conformance with SF-20/26 standards. Prior to C ertificates of 0 ccupancy being i ssued, a Final Plat must be approved by C ity Council and filed with Collin County Clerk's Office. Seven (7) notifications were mailed to property owners within 200 feet in accordance with State Law. As of April 11, 2012 no responses were received favoring or opposing the request. The Commission voted 6-0 to recommend approval. Approved By Initial Date Department Director RO 04/27/12 City Manager MM 5-1-12 Page 1 of 1 MN Bnhr S4,y - _ ! 4.n...'c;R,t_1� 11."'iliiiiii:—E—H, MI M En r f' �' n c = APR Stone Road -- ` �1 p ME Dy Ls, as roc ``,�1€'� M IlLiiiii"-- ,p ...,.< -- J `ter41,z- 40 �t�• �,,, ��� p tt�i � 3l ,. ' t I sr, ---r-i--..__..i _ I 1 I ilmununoI111 r. e1 I I0111111111111111I i ; 111-TT TTF TT1i 1_TfI [FMTTftT_ [ f T 1.... as I I I 13 = �_ nve :.� - — —� _ fir- i : ='—: '—=• C. Subject " — — — • n = ,_` Property n I f 77 - _ 111111 E 4, �1 "MI i r-- r—i .il i wiii, Alm. Dr. 11111 A[anis Drive naa,s nn, r__ ft >�� s. In=te MI n i .",,,,,,e iir i', • ■ NC* OMR r IIIIlII � OifIA -1 11-1111111 ( 11-1- . A I Or 1 int ���t►�� 11 , . rnrnnIA amc� I 1 I � tl �. . ��1111111111r�Cy� _ h ; I " rnt�tDp��t�� , � 1w11U.1 = nnnnNfnii • F ll11�1 . e , Awl '�'� -' laid *of :„.=..,..11111; :::_-, MN migi ii. ..e--r-m- , um M� , �IIllmop h1I gillip„, :- T ; 1 ,r�n<- He6htand Finds rhuiq � • ...... _•.... ` I__-j issuse �� =� � E • I ��I 11,._ - p .,, 1 ��AMIE LOCATION MAP ZONING CASE #2012-06 Page 40 of 42 Exhibit"A" Legal Description Zoning Case#2012-06 BEING a 2.88 acre tract of land situated in the Henry L. Douglas 100 acre Survey, Abstract No. 292, Collin County, Texas, being a portion of that certain tract of land described in deed to Tim Tye and wife, Karen Tye, as recorded in Volume 1230, Page 749, Deed Records of Collin County, and being more particularly described by metes and bounds as follows: BEGINNING at a found 1/2-inch iron rod at the southeast corner of said Tye tract,being the southwest corner of Lot 1, Block A, of Blakey Addition No. 1, as recorded in Instrument No. 20060427010001650, Map Records of Collin County, said iron rod being on the north line of that certain tract of land described in deed to Bennie Blakey and James Blakey, as recorded in Instrument No. 94-0024429, said Deed Records; THENCE North 88°34'00" West, a distance of 358.79 feet along the common line of said Tye and Blakey tracts to a set"x"in concrete at the common south corner of said Tye tract and that certain tract of land described in deed to Silvia Resendiz, as recorded in Instrument No. 20061212001747160, said Deed Records; THENCE North 01°00'00"East, a distance of 344.85 feet along the common line of said Tye and Resendiz tracts to a set 1/2-inch iron rod at the northeast corner of said Resendiz tract, said iron rod being on the south line of Alanis Drive; THENCE South 89°58'00" East(basis of bearing from aforesaid deed 1230/749), a distance of 358.83 feet along said south line to a set 1/2-inch iron rod at the northwest corner of aforesaid Lot 1, said iron rod being on the east line of said Tye tract; THENCE South 01°00'00" West, a distance of 353.62 feet along the common line of said Tye tract and said Lot 1 to the POINT OF BEGINNING and containing 125,299 square feet or 2.88 acres of land. Page 38 of 42 OWNER: Cloy Blakey STATE OF TEXAS DESCRIPTION P.O. Box 434 COUNTY Or COLLIN Wylie, TX 75098 Mat .Collin oul of Me nd wL.547,Pc.<3 I Survey.Texas.✓and n Tye g reined described as follows corded in Volume 1230,Page°749 of,he Lond Records of Coll/n Co y, e / e o/We loon oleo,rod found copped"Precise"ol In.folofseffloo or lee south nof.of SURVEYOR: Monis Drive(60'� Alums Drive lea'e.o.w.) clam c of Blakey mos,from omc as recorded inch teelVolumero aun at the zos me plot Record: of POINT OF Block A°of said Blakey Addition bearsSouth 89edegrees158dminu es corner of Let 213.582feel BOUI,daFy 5 BEGINNING for witness. Solutions alZ.. T 125.L +24.65 oa.3� � s I44.9. 2.51,Tc ,Ts,<d �\ ,o o +/2 inc THENCE South 01 degrees 00 minutes DO seconds West h'tee/rod earing 5ro��nd at,he Southwest corner P.O.353.62 feel along On. o fox 250 uJ�sir m 19� of faro Lot / of Blakey Addition Na. 1, C 2- Mill , TX 72 972-782-8082 1 I THENCE North as degrees,minutes za seconds West.35,74 feet to a recorded In Volume 8. g 427 of me Land Records of Collin County, Texas,ndiz and Nonelle S.Rwanda as 33] d c In c r b o2 of l copped'Precise'al lhe Southwest corner of said 3.0 acres.and al lhe Southeast corner of Mot coiled 1.934 of lond described in a deed to P. LOT 1 LDT z VOL.2390,Pc ss 3.0 acres:onoo at the inle.seahan of Ine South line ar said Alums or,�e with the west line of said March zpared: 2 n M THENCE ALICE L.BLAKEY lo.,, Isouoa89 sdegrees 58 m s 03 seconds Eas11 JAMES L.BLAKEY I THENCE North 00 doef.00 59 freooloo sa....one.Easl.e358.79 a(ee1° e south line tot said o CALLED 1.9.,ACRES "� "�n n n A/ones Drive fo the POINT OF BEGINNING.containing g .876 acres of long. n LOT 1 LOT 2 LOT 3 VOL,3378.PC.42 1,00 ACRES - m 1.000 ACRES e 0.8]6 ACRES•,e 0 0 VOL.2006 PG.250 _— o 292 HENRY A RV 6 NOWTHEREFORE KNOW ALL MEN BY THESE PRESENTS That,Clay Blakey. oes hereby adopt this prat designatingE' Final Plot of Blake Addihon No.2.Lots 1-3.Block fAdddio Ihe City of propeNy an d r-? on W OQ as right-of-ways shown bundhereon. g�fe�The easements shrubs shown hereby yts reserved owthsashall bed e, X r ----- 125.75' 1 108.36 N hereonconstructed or placed upon.over.or across Ihe utility eosements being hereby reserved for the n9 easements se ord shall hove the full right,o d OQw N88'3C'28'2W 63358.7d improvements or growth which may in ony way —1 mointenonce.or efficiency of its respective system n the easblic utilities sholl of ementall l construction, r netructlt of on 5inspecofrnci.egresss ond ing from m Inhaling.al nduadding utility f E 1 or removing oll or port of the MY HANG Ai I YLIE its TEXgSaol„ve systems withoutthe necessity0V2 y lime o procuring 0 L a�, ,s day a O - SER N,LAS= (n Q wner PC,°04N10024430 D y clay Bmke '1 DESCRIBE IN STATE OE TEXAS G o CALLED 7.32 ACRES J COUNTY OF COLLIN In EKNIE BLAKEY Q BAAMga BLAKEY e.the -BD2442B to maq I;appeared estrument ond known acknowledgedat he executedperson the some far,hesub purpose e .o e, andhpconslderaflonsn therein leap essed. CO 2 Q GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,2012. 1 1 1 1\ 1 Notary Public and f or f�'sre —— My Commission Exp es On: in County. eras -- ------714 ZONING EXHIBIT"B" rn BLAKEY ADDITION 2 CV Recommended far Approval DICE. Q r-::,'M wo AL. Selling a portion of this addiflon b'metes and bounds r SURVEYORS CERTIFICATE N W violation of City and aw d is c y at y .,exae 2a 9 amm,ee,a" Date Hole:Additi Bearings No. baseol.goo6. n250o,Blakey). fines FLOeD°NDTE withholdings of utilities and building g permits. t° KNOW ALL MEN BY THESE PRESENTS. O'-j w Z LU "Approved far Construction" I/S n our Matthew f Busby landno dby he that h°von meets shown°thelal reon were actual ro properly Z 0 D J H Note:All Inch frffl rods set have red Mayor.City of Wylie.texas plastic coostamped"Boundary Solutions" sub/eat tract located wlih'n Zone "X'os scaled from FI.R.M d y p p lsl I Iron with thePlatting Rules and Regulations of the City O O }} Date Panel 48085c0535J doled June 2.2009 r m F cn A p d Zone Xs {o determined be outside the O 2/.annual chance lloodplaln * Q CO Q Li- MatMara c+v m„Ile.Texan Dare NIGH) MAP s,we re�.re mew Busby P.P.L.S.s7s pQ The undersigned,the City Se°rerary of the City of Wylie,Texas,hereby certifies t 1 to sc STATE OF TEXAS F 0 Z No oIe) rqH� to Me Cily f y COUNTY of coulN Y O U BEFORE me.the undersigned authority,a Notary Public in and the Q J J 0 { f herein the y o dedicalion of s,eals,alloy.parks,easement.public pieces,and wafer and sewer lines as nir subssoy cribed toy the peared Motthew l ns/umuenly and acknowledged fa me°n to me to be the Mot on whose he exec✓led ne is ihe same for Q] } (� Witnessnote f y handnce this hereo day of by g iz home osAD above subscribed. 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L OWNER N-OT FICATION MAP ZONING CASE # 2012-06 _ Page 41 of 42 NOTIFICATION REPORT APPLICANT: James Clay Blakey APPLICATION FILE 2012-06 100 Alanis Drive Wylie, Texas 75098 # BLKIABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 106 Alanis Drive 1 James Clay Blakey Wylie, Texas 75098 Blakey Addn 1603 Shady Grove Court 2 Blk A Lot 1 R-9087-00A-0010-1 David Conkle Wylie, Texas 75098 Blakey Addn PO Box 434 3 Blk A Lot 2 R-9087-00A-0020-1 Clay Blakey Wylie, Texas 75098 Virginia Foote PO Box 449 4 Abst 267 Tract 8-9 R-6267-000-0089-1 Catherine Frey Mountville, PA 17554-0449 PO Box 434 5 Abst 292 Tract 7 R-6292-000-0070-1 James Clay Blakey Wylie, Texas 75098 308 AIanis Drive 6 Abst 292 Tract 9 R-6292-000-0090-1 Jose Resendiz Wylie, Texas 75098 1502 S. Ballard Avenue 7 Abst 292 Tract 19 R-6292-000-0190-1 James Blakey Wylie, Texas 75098 8 9 10 11 12 N 13 O_ 14 Wylie City Council CITY F WYLIE AGENDA REPORT Meeting Date: May 8, 2012 Item Number: 2. Department: Finance (City Secretary's Use Only) Prepared By: Purchasing Account Code: Date Prepared: April 30, 2012 Budgeted Amount: Department Memo, Bid Exhibits: Tabulation Subject Consider, and act upon, the award of CSP #W2012-25-A for an initial term of three (3) years with two (2) annual one (1)year renewals for Bank Depository Services for the City of Wylie; to J.P. Morgan Chase in the estimated annual amount of$40,953.00 and authorizing the City Manager to execute all necessary documents. Recommendation Motion authorizing the award of CSP #W2012-25-A for an initial term of three (3) years with two (2) annual one ( 1)ye ar renewals for B ank D epository S ervices for the C ity of Wylie; t o J.P. M organ C hase in the estimated annual amount of$40,953.00 and authorizing the City Manager to execute all necessary documents. Discussion The st aff r ecommends the award of CSP # W2012-25-A for a n a nnual c ontract w ith renewals for Bank Depository Services t o J.P. Morgan C hase, i n t he e stimated a nnual a mount of $40,953.00. See at tached department memo and bid tabulation. Approved By Initial Date Department Director LB 4/30/12 City Manager MM 5-1-12 Page 1 of 1 BID TABULATION 2012-25-C CSP BANK DEPOSITORY SERVICES } \ ' w s 3/20/12 The City received proposals from the following: American National Bank J.P. Morgan I certify that the above includes all firms contacted to bid and that replies are exactly as stated. Glenna Hayes C.P.M., A.P.P. Purchasing Agent Date "BID TABULATION STATEMENT" ALL BIDS SUBMITTED FOR THE DESIGNATED PROJECT ARE REFLECTED ON THIS BID TAB SHEET. HOWEVER,THE LISTING OF A BID ON THIS SHEET SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE. THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE LAWS,CITY OF WYLIE BID SPECIFICATIONS AND PROJECT DOCUMENTS,INCLUDING BUT NOT LIMITED TO THE PROJECT SPECIFICATIONS AND CONTRACT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND,ACCORDING TO LAW,ALL BIDS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME. PURCHASING DEPARTMENT CITY OF WYLIE,TEXAS TY .. Memo To: Mindy Manson, City Manager From: Linda Bantz, Finance Director Date: 04/30/2012 Re: Bank Depository Recommendation This memo will describe the process used in the selection of our recommended bank to serve as the City of Wylie's depository bank. Description of Services The depository services requested included the basic services of receiving deposits, paying items, wiring funds out, receiving funds wired in, stop payments and other normal banking activities. No investment transaction activities were included other than safekeeping services. The primary objectives of the Depository agreement were to maximize cash availability and to maximize yield after satisfying the goals of safety and liquidity. Other objectives were: • To maximize the total dollars earned by the City on account balances in order to be prudent and effective custodians of the City's financial resources. • To seek a bank that is both capable of providing banking services as described with the Competitive Sealed Proposal (CSP), as well as a willingness to be attentive to the City's money matters; including recommendations for progressive processes that may provide additional value to the City. • To adequately compensate the Depository Bank for services provided and to allow a reasonable profit to be earned, subject to competitive forces in the market place. Competitive Sealed Proposal (CSP)/Original Respondents The CSP for these services was issued on February 28, 2012. This was sent to all financial institutions that provided the needed services and had a location in Wylie which included: • American National Bank • Bank of America • Capital One Bank • Inwood National Bank • JP Morgan Chase Bank • Texans Credit Union • View Point Bank A pre-proposal meeting was held by the City of Wylie Purchasing Division on March 8, 2012,where three companies were represented. Two respondents submitted proposals by the March 20, 2012 deadline. These included American National Bank and JP Morgan Chase Bank. Evaluation Process A. Evaluation Team The evaluation team for proposals associated with these services included the Finance Director, Assistant Finance Director and the Assistant City Manager. Non-voting technical advisors to the evaluation team consisted of end users in the Finance and Utility Billing Departments. B. Evaluation Criteria The Purchasing Division worked with the Finance Department to develop a set of evaluation criteria, including their scoring weights, for the Competitive Sealed Proposal. The criteria established are as follows: 1. Service Costs and Rates (70%) a. Cost of banking services b. Provisions for City's sweep accounts 2. Financial Strength and Stability(10%) a. Financial statements b. Relevant experience managing municipal accounts of similar size and scope 3. Scope of Services and Effectiveness (20%) a. Available depository and cash management services b. On-line banking services c. Reporting services d. Security clearance and safekeeping procedures e. Ability to provide an institution account executive with whom the City can work to expedite various banking issues and contracts f. Funds availability g. Copies of various agreements as may be required by the institution C. Evaluation and Scoring Proposals were reviewed by the evaluation team and both responding institutions made live presentations to the evaluation team and the technical advisors. Both banks were very similar in technical abilities. Advances have been made since the City last received bids for a depository bank that allow both institutions to provide the services needed in a manner that appears sufficient to meet the needs of City staff as those services are utilized. In addition, three references were called for each bank to verify the level of service other municipalities have received from each bank and both banks received favorable reports from each municipality providing information. To arrive at the points assigned to each institution for cost of services, the Purchasing Division assigned points associated with the pricing with the lowest priced services receiving the highest points. The following matrix shows the scoring of both institutions when done on a scale of 1 to 5 with 1 being the least responsive to the City's needs and 5 being the most responsive. Scores were weighted according to the percentage value given to each of the evaluation criteria. Technical Pricing Institution Score Score Total JP Morgan Chase 0.96 3.50 4.46 American National Bank 0.98 2.02 3.00 Award Recommendation: Based on this information,JP Morgan Chase can provide the City of Wylie quality banking services at the lowest cost of the two banks submitting proposals. Currently, the City uses two banks with the banking service contract split between them. This takes extensive staff time to make and reconcile the necessary accounting entries this causes. It will provide for increased productivity of current City staff to use one bank. Therefore, the evaluation team recommends the award of CSP #W2012-25-A for Bank Depository Services to JP Morgan Chase. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 8, 2012 Item Number: 3. Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: May 1, 2012 Budgeted Amount: Exhibits: Resolution & Exhibit Subject Consider, and act upon, Resolution No. 2012-16(R) denying Atmos Energy Corp., Mid-Tex Division's ("Atmos Mid-Tex")r equested rate cha nge; r equiring the corn pany to reimburse t he ci ty's r easonable r atemaking expenses; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and ACS's legal counsel. Recommendation Motion t o a pprove Resolution N o. 2012-16(R) denying A tmos Energy C orp., M id-Tex D ivision's ("Atmos Mid-Tex")r equested rate change; r equiring t he c ompany f o r eimburse t he c ity's r easonable r atemaking expenses; finding that the meeting at which this resolution is passed is open to the public as required by law; re.uirin_ notice of this resolution to the company and ACS's legal counsel. Discussion The City, along with over 150 of her cities served by A tmos Energy Corp., Mid-Tex Division ("Atmos Mid- Tex" or "Company"), is a m ember of the A tmos C ities S teering Committee (" ACSC" or "Steering Committee"). 0 n or a bout J anuary 31, 20 12, A tmos M id-Tex filed with the C ity a S tatement of Intent to increase rates within the City. Background In 2003, TXU Gas filed a statewide r ate case which became known at the Railroad Commission of T exas ("RRC") as Gas Utilities Docket("GUD")No. 9400. That same year the Texas Legislature passed legislation referred to as the G as Reliability Infrastructure P rogram ("GRIP")w hich authorized annual pi ecemeal rate reviews th at T exas c ourts ha ve c oncluded significantly restrict c ity jur indiction, participation, a nd i nput. Shortly after GUD No. 9400 w as decided i n 2004, A tmos Energy pur chased T XU Gas and created what is known as Atmos Energy Corp., Mid-Tex Division. The City is within the Atmos Mid-Tex Division. Atmos Mi d-Tex filed four GRIP cases be fore filing a traditional r ate case in S eptember, 2007. A s part o f ACSC's Settlement Agreement with Atmos of the 2007 rate case, ACSC and Atmos created a substitute process for annual piecemeal GRIP cases. That substitute process was called a Rate Review Mechanism ("RRM") and was i ntended as an e xpedited bu t c omprehensive r ate r eview t hat i ncluded a n umber of fixed va lues and constraints. The RRM was intended as a three-year experiment. Last year, it was extended for a fourth year with some slight modifications to the original formulas. ACSC negotiated with Atmos in the final quarter of last year to further extend the RRM process, but no agreement was reached. Atmos has expressed a desire to reach a settlement of the January 31, 2012 filing that includes a revised RRM process. Discussion and Purpose Atmos Mid-Tex filed a Statement of Intent on January 31, 2012, seeking to increase system-wide base rates (which exclude the cost of gas)by approximately $49 million or 11.94%. However, the Company is requesting an increase of 13.6%, excluding gas costs, for its residential customers. A dditionally, the application would change the way that rates are collected, by increasing the residential fixed-monthly (or customer) charge from Page 1 of 1 Page 2 of 2 $7.50 to $18.00 and decreasing the consumption charge from $0.25 per 100 cubic feet("ccf')to $0.07 per ccf. ACSC engaged attorneys and consultants to review Atmos Mid-Tex's proposed rate increase. Additionally, the ACSC cities passed suspension resolutions earlier this year, extending the effective date of Atmos Mid-Tex's proposed rate increase to June 4, 2012, in order to permit the cities time to review Atmos Mid-Tex's Statement of Int ent. D uring their re view, ACSC's c onsultants found justification that M id-Tex's r ates shou ld be decreased. 0 n April 25, 2012, t he Company extended the effective date of its proposed rate change, which similarly extended cities'jurisdictional deadline to June 11, 2012. ACSC and the Company have engaged i n some settlement discussions but have not yet reached agreement. ACSC is hoping to achieve settlement with the Company in order to perpetuate the RRM process. The ACSC Settlement Committee therefore recommends denial of the Company's proposed rate increase rather than a rate decrease t o facilitate further s ettlement di scussions. T he resolution pr events the Company's proposed rates from automatically going into effect on June 11. The Company has expressed a desire for settlement while an appeal from the cities' denial of the rate increase is pending at the RRC. S hould a settlement be reached, the City may be required to pass an ordinance setting new rates pursuant to the settlement. The purpose of the resolution i s to deny Atmos Mid-Tex's proposed rate increase pending further settlement discussions and to prevent Atmos' proposed rate increase from automatically taking effect on June 11, 2012. Explanation of`Be It Resolved Paragraphs" Section 1. The paragraph denies the Company's proposed rate increase. Section 2. This provision provides that the Company shall continue to charge its existing rates to its customers within the City. Section 3. By law, the Company must reimburse the cities for their reasonable rate case expenses. Legal counsel and consultants approved by ACSC will present their invoices to the City of Arlington which will then seek reimbursement from A tmos Mi d-Tex. T he City will not incur liability for payment of rate case expenses by adopting a denial resolution. Section 4. This section merely recites that the resolution was passed at a meeting that was open to the public and that the consideration of the resolution was properly noticed. Section 5. This section provides that both Atmos Mid-Tex's designated representative and counsel for A CSC will b e notified of the City's action by s ending a copy of the approved and signed resolution t o certain designated individuals. Recommendation The City Staff recommends adoption of the resolution denying Atmos Mid-Tex's proposed rate increase. Approved By Initial Date Department Director MM 05/01/12 City Manager MM 5-1-12 RESOLUTION NO. 2012-16(R) RESOLUTION OF THE CITY OF WYLIE DENYING ATMOS ENERGY CORP., MID-TEX DIVISION'S ("ATMOS MID-TEX") REQUESTED RATE CHANGE; REQUIRING THE COMPANY TO REIMBURSE THE CITY'S REASONABLE RATEMAKING EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND ACSC'S LEGAL COUNSEL WHEREAS, the City of Wylie, Texas ("City")is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or"Company"), and is a regulatory authority under the Gas Utility Regulatory Act("GURA") and under Chapter 104, §104.001 et seq. of GURA, has exclusive original jurisdiction over Atmos Mid-Tex's rates, operations, and services within the City; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of over 150 similarly situated cities served by the Company that have joined together to facilitate the review and response to natural gas issues affecting rates charged in the Atmos Mid- Tex Division; and WHEREAS, pursuant t o t he terms of t he a greement s ettling t he C ompany's 20 07 Statement of Intent to increase rates, ACSC and the Company worked collectively to develop a Rate R eview Mecha nism ( "RRM") tariff t hat al lows for an expedited rate r eview proc ess controlled i n a th ree-year ex periment by ACSC as a substitute to the curr ent GRIP proc ess instituted by the Legislature; and WHEREAS, ACSC and the Company agreed to extend the RRM process in reaching a settlement in 2010 on the third RRM filing; and WHEREAS, i n 2011, A CSC a nd the C ompany e ngaged i n good f aith ne gotiations regarding the continuation of the RRM process, but were unable to come to ultimate agreement; and WHEREAS, on or about January 31, 2012, the Company filed a Statement of Intent with the cities retaining original jurisdiction within its Mid-Tex service division to increase rates by approximately $49 million; and WHEREAS, A tmos M id-Tex pr oposed M arch 6, 2012, a s t he e ffective date for its requested increase in rates; and Resolution No.2012-16(R) 1 Denying Atmos Request for Rate Change WHEREAS, the City suspended the effective date of Atmos Mid-Tex's proposed rate increase for the maximum period allowed by 1 aw and thus extended the City's jurisdiction until June 4, 2012; and WHEREAS, on A pril 25, 201 2, the C ompany extended t he of fective da to f or i is proposed rates by one week, which similarly extended the City's jurisdiction until June 11, 2012; and WHEREAS, the ACSC Executive C ommittee hired and di rected legal c ounsel a nd consultants t o prepare a c ommon r esponse to t he C ompany's r equested rate i ncrease and t o negotiate with the Company and direct any necessary litigation; and WHEREAS, ACSC's consultants conducted a review of the Company's requested rate increase and found justification that the Company's rates should be decreased; and WHEREAS, ACSC and the Company have engaged in settlement discussions but will be unable according to Company representations to reach settlement in sufficient time for cities to act before June 11, 2012; and WHEREAS, failure by ACSC members to take action before June 11, 2012 would allow the Company the right to impose its full request on residents of said ACSC members; and WHEREAS, the ACS C Settlement Committee r ecommends de nial of the C ompany's proposed rate increase in order to continue settlement discussions pending the Company's appeal of cities' denials to the Railroad Commission of Texas; and WHEREAS, the GURA § 103.022 provides that costs incurred by cities in ratemaking activities are to be reimbursed by the regulated utility. THEREFORE, BE I T RE SOLVED BY T HE CI TY COUNCI L OF T HE CI TY 0 F WYLIE, TEXAS: 1. That the rates proposed by Atmos Mid-Tex to be recovered through its gas rates charged to customers 1 ocated within the City 1 imits, are hereby found t o be unreasonable and shall be denied. 2. That the Company shall continue to charge its existing rates to customers within the City and that said existing rates are reasonable. 3. That t he C ity's r easonable r ate c ase expe nses sha 11 be r eimbursed by the Company. 4. That it i s hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. Resolution No.2012-16(R) 2 Denying Atmos Request for Rate Change 5. A copy of this Resolution shall b e sent to Atmos Mid-Tex, care of D avid P ark, Vice P resident Rates & Regulatory Affairs, at Atmos Energy Corporation, Mid-Tex Division, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd GosselinkRochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767- 1725. PASSED AND APPROVED this 8th day of May, 2012. Mayor, Eric Hogue ATTEST: City Secretary, Carole Ehrlich APPROVED AS TO FORM: City Attorney Resolution No.2012-16(R) 3 Denying Atmos Request for Rate Change Exhibit A ACSC Consultants' Recommended Adjustments to Atmos Mid-Tex's 2012 Statement of Intent to Increase Rates' Following a review of the C ompany's 2012 S tatement of Intent, A CSC consultants found justification for a n approximately $77 m illion de crease t o the C ompany's requested r evenue, resulting i n a $23 million de crease t o the c urrent rates charged by A tmos M id-Tex. A CSC consultants' recommendation for a rate decrease is based upon the following major components:2 • Lowering the Company's return on equity from 10.9% to 9.5%, resulting in a revenue requirement decrease of over $30 million • Removing the Company's improper post-test year adjustment to add plant from January to March 2012, resulting in a revenue requirement decrease of approximately $5 million • Removing the Company's proposal for an energy efficiency plan to be funded only by ratepayers, resulting in a revenue requirement decrease of over $1 million • Various ad justments t o accumulated deferred i ncome t ax, resulting in a r evenue requirement decrease of approximately $10 million • Recognizing ne w de preciation r ates a s filed by t he C ompany (without a djustment by ACSC c onsultants), resulting i n a r evenue requirement de crease of a pproximately $ 15 million • Various a djustments tot he C ompany's requested 1 evel of ope rating and maintenance (O&M) expense, resulting in a revenue requirement decrease of over $8 million • Reducing r ate ba se t o a ccount f or r atepayer s upplied f unds r elating t o of her pos t- employment benefits (FASB 106), resulting in a revenue requirement decrease of over $8 million • Cap residential customer charge at$9.00, instead of Atmos' requested $18.00. ' All figures are adjustments resulting in a revenue requirement impact to Atmos'filed case system-wide. Factoring out Dallas,the ACSC cities would see slight decreases in the numbers listed above. 2 Please note that the adjustments listed are on a stand-alone basis,and may have a different impact when combined with the other adjustments. Resolution No.2012-16(R) 4 Denying Atmos Request for Rate Change Wylie City Council AGENDA REPORT CITY OF Meeting Date: May 8, 2012 Item Number: Work Session Division: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: April 30, 2012 Budgeted Amount: Fee Ordinance, neighboring Exhibits: cities fees Subject Discuss Wylie Recreation Center and Bart Peddicord Community Center membership and facility fees. Recommendation N/A Discussion The current fees charged t o patrons of the Wylie Recreation C enter and B and P eddicord C ommunity C enter were approved in 2009 by the C ity C ouncil and t hen upd ated with the current Consolidated F ee Ordinance 2010-08. The fees implemented were approved in order to promote the completion and opening of the Wylie Recreation Center in F ebruary of 2011. The Wylie Recreation C enter has com pleted m ore than one year of operation and staff began the process of reviewing the fees with the Parks and Recreation Board at the end of 2011, completing their review in April of 2012. Staff is bringing forth for Council review some Board and staff recommendations. The Board felt that a major overhaul of the fee structure was not necessary at this time due to revenue projections having been meet for F Y 2011 and they are being met for F Y 2012. Therefore they mainly are recommending some minor changes that would benefit customer service and have minimal effects on any revenues. Board recommendations: • From Board Chair Hiney: a base fee of$300 for two adults then a discount for each additional child. Instead of a cap it could be unlimited with so much per extra child. • From Board Member Rose: Family Pass Plus where each addition family member is discounted 50% after the base family pass is purchased. • From Board Member Price: $325 for the family of four, $450 for up t o six members, $525 for eight, family of two only $275. • From B oard Member Robas: Increase family r ate t o $350 i n addition to what Board Member Price suggested and keep the two member family at $350. • From Board Member Ward: Word it that with each adult is a free child membership. Additional youth would be a prorated version of youth p ass. T his philosophy wouldn't work in a single parent household. • From Board Member Rose: Family pass as is with four maximum but additional members can be added for a percentage of the current single price for the category of each additional member; 40- 60% or whatever Board or Council decides. • All Board Members were i n consensus to raise rates for meeting rooms at the B art P eddicord Community Center to be the same as the Wylie Recreation Center. Page 1 of 2 Page 2 of 2 Staff recommendations: • Raise the minimum age for children getting a membership to 7 years old from 3 years old. • Raise the adult membership to 18 years of age and up. • Increase the number of pass holders for a family membership from 4 to unlimited (in the same household). • Raise rates for meeting rooms at the B art P eddicord Community Center to be the same as the Wylie Recreation Center. • Clarify the term "large events." The ordinance is currently worded as Bart Peddicord Community Center Fees (two-hour minimum)($100 deposits required on large events). • Clarify whether non-profit or ganizations a re required t o pay de posits a t t he Bart P eddicord Community Center. The ordinance currently allows non-profit organizations to rent the facility at no charge, but it is unclear whether such groups should pay a deposit. Overall the B oard commented to staff that they felt operations were going well. T hey di d express concerns about operations and its impact on 4 B revenues and felt that fees needed to be kept as updated as possible in order to keep the use of 4B funds at a minimum. Staff is in need of direction from the City Council on any changes that they feel need to be made based on the information presented in the work session. Any changes to the fee ordinance will then be made and brought back to the Council for adoption at a subsequent meeting. Approved By Initial Date Department Director MS 4/30/12 City Manager MM 5-1-12 IX. Parks and Recreation A. Definitions. Corporate shall mean any company or business with an address in the City of Wylie. The city may require written proof of address of the company or business. Non-resident shall mean any person or persons who reside outside of the City of Wylie city limits. Resident shall mean any person or persons who reside in the City of Wylie city limits and can provide proof of resident status by showing a current utility bill. Wylie non-profit group shall mean a qualified non-profit group that provides a benefit and/or service in the City of Wylie. The city may require written proof of non-profit or 501(c)(3)status. B. City Manager Authority. The city manager or his or her designee shall have the authority to establish and/or amend fees related to the programs, classes and related services available through Wylie Parks and Recreation. C. Pavilion Rental(excluding neighborhood parks). Wylie Non-Profit Groups $5.00 per hour(not to exceed$20.00 per day) Residents, per hour 10.00 Non-residents, per hour 25.00 D. Athletic Field Reservation Fees. Per person, per sport season, 18 and under$5.00 Per person, per sport season, 19 and older 10.00 Athletic field light, per hour/per field 18.00 Tournament or single use—per field reservation 10.00 per hour plus lights Light key deposit 100.00 Late payment fee(athletic fields)Amount owed plus 10% E. Bart Peddicord Community Center Fees(two-hour minimum)($100.00 deposits required on large events). Room rental Wylie non-profit groups No charge Residents, per hour$25.00 Non-residents, per hour 35.00 Kitchen use fee Wylie non-profit groups No charge Resident, per hour 25.00 Non-resident, per hour 35.00 Cancellation fee (within 14 days of rental date) 50.00 F. Park Land Dedication Fees(land dedication—minimum five acres and five acres per 100 lots). Five or more lots per acre, per lot$1,500.00 Three or four lots per acre, per lot 2,000.00 One or two lots per acre, per lot 3,000.00 Apartment units, per unit 800.00 G. Wylie Recreation Center Fees. Residents Non-residents Membership Fees Adults 17 and older Annual Membership Fee $175.00 $225.00 Youth (3-16) Annual Membership Fee 105.00 135.00 Senior 55 and older Annual Membership Fee 105.00 135.00 Family Annual Membership up to 4 members 325.00 405.00 Corporate Annual Membership (individual must 185.00 present most recent check stub as proof of employment) Adult 3 month 65.00 80.00 Youth 3 month 30.00 40.00 Senior 3 month 30.00 40.00 Family 3 month 120.00 150.00 Adult 1 month 30.00 40.00 Youth 1 month 25.00 30.00 Senior 1 month 25.00 30.00 Adult Daily Pass 8.00 8.00 Youth Daily Pass 5.00 5.00 Senior Daily Pass 5.00 5.00 I.D. Card Replacement (per card) 5.00 5.00 Facility Fees Aerobics Room/hour $35.00 $45.00 Classroom/hour 30.00 40.00 Climbing Wall/hour 55.00 65.00 Meeting Room (per section)/hour 45.00 55.00 Kitchen/hour 35.00 45.00 Gym (Y2 court)/hour 55.00 65.00 Gym (full court)/hour 105.00 135.00 Gym (all sections/4-hour minimum) 325.00 405.00 Meeting Room (all sections/4-hour minimum) 255.00 325.00 Full Facility (all sections of gym and meeting 495.00 645.00 rooms)/4-hour minimum-125.00 per hour after 4 hours Cancellation Fee 50.00 50.00 (within 14 days of rental) Deposits 100.00 100.00 Wylie Non-Profit Groups Regular Rates Regular Rates The rate for the use of the Wylie Recreation Center by city employees is free. Family members of city employees may receive a 25 percent discount on their membership fee to the Wylie Recreation Center, based upon resident rates. (Ord. No. 2010-08, §2(Exh.A), 6-8-2010) City Resident Rate Family Definition Wylie* $325 Up to 4 members in same household Plano $330 Parent/guardian and legal dependents living in same household Frisco $600 All those living at same address Cedar Hill* $300 Up to 4 members, 10%discount for each member over 4 Keller $557 All those living in same household claimed as dependent Allen $550 Includes all living in same household, limit up to 10 City Resident Adult Resident Youth Resident Senior rate rate rate Wylie* $175 $105 $105 Plano $130 $80 $100 Frisco $350 $230 $280 Cedar Hill* $150 $100 $100 Keller $354 $209 $244 Allen $170 $135 $135 *Rates do not include aquatics. Plano, Frisco, Keller, and Allen all include access to aquatic areas in their membership rates.