05-08-2012 (City Council) Agenda Packet 047,,--
IAit Wylie City Council
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NOTICE OF MEETING
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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
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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
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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
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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
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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
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2012 City of Wylie Comprehensive Master Plan 3
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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
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EXHIBIT "A"
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2012 City of Wylie Comprehensive Master Plan 5
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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EXHIBIT "A"
Figure 5. 1 Parks& Trails Master Plan
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'�� 3 _2012 City of Wylie Comprehensive Master Plan 16
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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
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EXHIBIT "A"
Figure 5.2 Existing&Proposed Parks
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2012 City of Wylie Comprehensive Master Plan
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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
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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
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EXHIBIT "A"
Figure 6.1 Downtown Historic District
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2012 City of Wylie Comprehensive Master Plan 21
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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
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2012 City of Wylie Comprehensive Master Plan 22
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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
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2012 City of Wylie Comprehensive Master Plan 23
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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
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EXHIBIT "A"
Figure 6.4 Special Overlay Map
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2012 City of Wylie Comprehensive Master Plan 25
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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
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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
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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
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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
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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
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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
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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
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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
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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
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EXHIBIT "B"
LEGEND:
- Natural/Open Space Sector
Sub-Urban Sector
- General Urban Sector
Urban Core Sector
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CITY OF WYLIE
I
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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
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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
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STATE HIGHWAY EXHIBIT B
rk'OPO5F13 PAkKING/ • ZONING EXHIBIT
E L I A B�-,,,.r r p DATE:MARCH 19,2012
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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
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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.
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(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:
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(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;
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(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).
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(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
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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.
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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.
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(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;
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(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.
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(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
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(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
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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.
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(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;
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(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.
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(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
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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.
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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--
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(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")
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(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:
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(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--
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(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.
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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.
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(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)
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(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
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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
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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
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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)
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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.
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(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)
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(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--
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(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.
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(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)
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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
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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. GIVENr UNOERaMY HANOd ANO osEALh OF OFFICE fhes day of 2012. Z
LU
G y of y .Texas
SLeH SCALE: I"=60'
0' 60' 120 180' 240' Notary Public in and for Collin county. Texas ,ii`T {J`2 A
— My Commissfon Expires On: lei,: CCR{ i , -I -AL
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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.