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03-13-2007 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, March 13, 2007 - 6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North John Mondy Mayor Carter Porter Mayor Pro Tern Earl Newsom Place 1 M. G. "Red" Byboth Place 2 Eric Hogue Place 3 Merrill Young Place 4 Rick White Place 5 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Presentation of Collin County GIS Services (B. Blythe, Captain, Fire Department and T. Nolan, Collin County GIS) 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. March 13,2007 Wylie City Council Regular Meeting Agenda Page 2 of 3 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of Minutes from the February 27, 2007 Regular City Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Replat creating two (2) lots on 24.96 acres for future commercial/industrial development. The property is generally located southeast of SH 78 and Martinez Lane. (R. 011ie, Planning Director) C. Consider, and act upon, Ordinance 2007-07 establishing Speed Zones for Wooded Creek Avenue from Ryan Lane to Riverway Lane. (C. Holsted, City Engineer) D. Consider, and place on file, the Monthly Revenue and Expenditure Reports for the period of January and February 2007. (L. Williamson, Finance Director) REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, Ordinance No. 2007-08 adopting the Standards of Care for Youth Programs. (T. Hindman, Recreation Supervisor) Executive Summary Since the inception of the summer youth programs in 2000, the Standards of Care have been reviewed yearly and adopted as an ordinance in order to comply with the Texas Senate Bill 212, Human Resource Code, Section 42.041 (b)(14). Staff has made no significant changes to the current version of the ordinance. The ordinance and Standards of Care provides the necessary guidelines for the regulation of the summer youth program, the Wylie Wave, as legislated by the Texas Senate Bill 212, Human Resource Code,Section 42.041 (b)(14). General Business 2. Consider, and act upon, a request to eliminate the distance requirement between a Beer and Wine Package Sales establishment and a public school. The property being located at 405 South Highway 78. (R. 011ie, Planning Director) Executive Summary The applicant is requesting a variance to the distance requirement in accordance with the Alcoholic Beverage Code Title 4 Regulatory And Penal Provisions, Chapter 109. Miscellaneous Regulatory Provisions, Section 109.33, Subsection (e). The requested variance is to grant a distance of zero feet as measured in a direct line from property line to property line. The property is located at 405 South Highway 78 and abuts the Hartman Elementary School (a public school). Per the Alcoholic Beverage Code Section 109.33 of Title 4, Subchapter C Local Regulation Of Alcoholic Beverages, the governing body of a municipality has the authority to prohibit the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a church,public or private school,or public hospital. March 13,2007 Wylie City Council Regular Meeting Agenda Page 3 of 3 3. Consider, and act upon, award of a contract to Lacy Construction, in the amount of $882,758.60, for the construction of Alanis Drive from Twin Lakes Drive to FM 544. (C. Hoisted, City Engineer) Executive Summary The 2005 Bond Program included$2,600,000 for the extension of Alanis Drive from Twin Lakes Drive to FM 544. The extension provides another east-west thoroughfare in the southern portion of the City. The project includes approximately 16,000 square yards of 8-inch reinforced concrete pavement and related storm sewer improvements. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Discussion of provision of sewer services outside of Wylie city limits. • Discussion of growth and staff projections and associated funding costs. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 9" day of March, 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted 8tAdtdiQity Wylie website: www.wvlietexas.gov. `,�,•��y .0 F wk:( Carole Ehrl' City Secretary s = Date Notice Removed • • •. �- •.� Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, February 27, 2007 —6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Carter Porter, Councilman Eric Hogue, Councilman Merrill Young, Councilman Rick White and Councilman Earl Newsom. Councilman Red Byboth was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Finance Director, Larry Williamson; Public Library Director, Rachel Orozco; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Pastor Kris Segrest of the First Baptist Church gave the Invocation and Councilman White led the Pledge of Allegiance. PRESENTATION • Recognition of 4th Six Weeks Star Students—Character Trait"Trustworthiness" Mayor Pro Tern Porter and Councilman Young presented certificates to Star Students displaying the character trait of"Trustworthiness". CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or takes action on any matter presented during citizen participation. There were no citizens present to address Council during Citizens Comments. Minutes—February 27, 2007 Wylie City Council Page 1 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of Minutes from the February 13, 2007 Regular City Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2007-08(R) authorizing the City Manager to execute a contract between the City of Wylie,Texas and American National Bank of Texas to provide basic banking services to the City. (L. Williamson, Finance Director) C. Consider, and act upon, Resolution No. 2007-09(R) authorizing the City Manager to execute a contract between the City of Wylie, Texas and JP Morgan/Chase to provide on-line payment options for city services through JP Morgan's Pay Connexion product. (L. Williamson, Finance Director) D. Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement between Collin County and the City of Wylie, Texas for GIS Services. (N. Flores, Assistant Fire Chief) E. Consider, and act upon, approval of a Final Plat creating a single lot on 20.4 acres for multi-family development. The property is generally located south of FM 544 between Hooper Road and Wylie High School within Woodbridge North Subdivision. (R. 011ie, Planning Director) F. Review and place on file 2006 Annual Traffic Contact Report. (J. Butters, Assistant City Manager) G. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of December 31, 2006. (S. Satterwhite, WEDC Executive Director) H. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2007. (S. Satterwhite, WEDC Executive Director) Council Action A motion was made by Councilman Hogue, seconded by Councilman Newsom, to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Councilman Byboth absent. Minutes—February 27, 2007 Wylie City Council Page 2 REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Neighborhood Services (NS) to Light Industrial (LI) District, generally located north of Brown Street and approximately 390 feet east of Eubanks Lane. Zoning Case 2007-01. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant is requesting to rezone the property to allow for industrial warehouse and open storage uses. The 4.6 acre lot has been platted since 1986 as Wyndham Estates Phase 3, Lot 24 and was originally zoned Industrial District. However, with the city- wide zoning in 2001, the property was rezoned to NS. Properties to the north and west are zoned LI and are currently being used for light industrial uses. The Comprehensive Land Use Plan recommends Light Industrial zoning on subject property as well as abutting properties to the north and west. At the February 06, 2007 Planning & Zoning Commission meeting, the Commission voted 6-0 to recommend approval of Zoning Case 2007-01. Councilman Hogue asked if the business was a Mini-storage. Planning Director 011ie replied that the company was Landmark Brick. She explained that this area would be used to store manufactured brick. She stated that the manufacturing of the brick would be completed elsewhere and the brought to this site for storage. Public Hearing Mayor Mondv opened the Public Hearing at 6:06 p.m (Zoning Case 2007-01). There was no one present to address Council. Mayor Mondv closed the Public Hearing at 6:07 p.m. Applicant Comments Mr. Larry Nelson (property owner) residing at 2709 Pinewood Drive, Garland, Texas 75044 addressed Council stating that Landmark Brick had requested to purchase his property to store brick inventory. Councilman Hogue asked Mr. Nelson if the company planned to retain their location in the City of Murphy as well. Mr. Nelson replied he thought they were. He explained that the company indicated that they would keep their office in Murphy and use the proposed Wylie location for inventory over-ride. Mayor Mondy stated that he had been by the location in Murphy and asked Mr. Nelson what could be done to improve the visual look of the proposed property. Planning Director 011ie explained that stipulations could be addressed in the site plan if Council wished to improve the aesthetic look of the property. Councilman Young asked if the zoning case was approved with stipulations attached, would staff see that those stipulations are added to the site plan. Planning Director 011ie replied yes they would. Mayor Mondy asked if the zoning required the area to be fenced. Ms. 011ie replied that it did not due to Light Industrial not having that requirement. Councilman White asked if the property would be paved. Director 011ie replied that the road going to the supplies would be paved but no structure would be constructed. Mayor Mondy stated that within Light Industrial he believed it should include at least a structure on the property to be equal to the size of the lot and not a guard shack. Director 011ie replied that this was an allowed use of the zoning. Mayor Mondy asked Council if there was anymore discussion. Mayor Mondy then asked for a motion. Item #1 died for lack of a motion. Minutes—February 27,2007 Wylie City Council Page 3 After consideration of Item#2, Councilman Newsom made a motion to reconsider Item #1 (ZC 2007-01). Motion passed with the consensus of all councilmembers. Council Action A motion was made by Councilman Newsom, seconded by Councilman Young to approve Zoning Case 2007-01 amending the zoning from Neighborhood Services (NS) to Light Industrial (LI) District generally located north of Brown Street and approximately 390 feet east of Eubanks Lane. . A vote was taken and failed (denied) 4-2 with Mayor Mondy, Mayor Pro Tem Porter, Councilman Hogue, and Councilman White voting against and Councilman Newsom and Councilman Young voting for. 2. Hold a Public Hearing and consider, and act upon, Ordinance No. 2007-04 amending the City of Wylie Zoning Ordinance No. 2006-04, Article 5 (Use Regulations), Section 5.1 (Land Use Charts), Subsection I (Wholesale, Distribution & Storage) and Section 5.2 (Listed Uses), Subsection I (Wholesale, Distribution & Storage) to establish regulations governing the location of Mini-warehouse (Self- Storage) uses throughout the City. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that staff was directed by the Planning & Zoning Commission to pursue amending the regulation of Mini-warehouse uses throughout the City. (Nov.7, 2006) The current ordinance allows the use by right within Commercial Corridor (CC) District, Light Industrial (LI), and with a Special Use Permit (SUP) within the Community Retail (CR) District. The proposed amendment will continue to allow the use by right within LI, allow by right in HI, allow with an SUP in CC and prohibit the use within CR District. Mayor Mondy asked Planning Director 011ie what her recommendation was. Director 011ie replied that she was in favor of the amendment; mini-storage units did not fit either the purpose or aesthetic look for commercial corridors such as S.H. 544 and S.H. 78. Public Hearing Mayor Mondv opened the Public Hearing at 6:15 p.m (Zoning Case 2007-04). There was no one present to address Council. Mayor Mondv closed the Public Hearing at 6:15 p.m. Council Action A motion was made by Councilman Newsom, seconded by Councilman Young to approve Ordinance No. 2007-04 amending the City of Wylie Zoning Ordinance No. 2006-04, Article 5 (Use Regulations), Section 5.1 (Land Use Charts), Subsection I (Wholesale, Distribution & Storage) and Section 5.2 (Listed Uses), Subsection I (Wholesale, Distribution & Storage) to establish regulations governing the location of Mini-warehouse (Self-Storage) uses throughout the City. A vote was taken and passed 6-0 with Councilman Byboth absent. Minutes—February 27,2007 Wylie City Council Page 4 General Business 3. Consider, and act upon, Ordinance No. 2007-05 amending Ordinance No. 2006-58 by adding a convenience fee for on-line payments made through the City's website of$1.75 for residential and business customers, containing a severability clause and providing for an effective date. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that under a separate agenda item, the Finance Department is asking for an approval of a contract with JP Morgan/Chase for an on-line payment portal to the City's website called Pay Connexion. The cost of this service to the city is free of any charges; however a $1.75 will be charged for each credit card or debit card transaction by a customer at time of sale. The current Ordinance No. 2006-58 authorizes a $3.00 convenience fee to be collected at the point of sale (utility billing desk, court cashier, etc.)This will not change. We need to add the new convenience fees for on-line payments made through our website. Council Discussion Mayor Mondy stated that he did not believe citizens should be penalized for coming to City Hall to make their payments. He stated that those wishing to pay at the counter would pay $3.00 and those wishing to pay on-line would pay a proposed $1.75. Finance Director Williamson explained that Council had requested, prior to the point of sale price being adopted, that staff look at the cost to the City both in personnel and fees to process credit card payments at the point of sale (utility department). He reported that the $3.00 charge per sale was derived from this research as a price per sale. He explained that when making a payment on-line, JP Morgan/Chase had agreed to absorb all costs over the $1.75 credit card fee. This amendment only provides additional fee for on-line payments. Councilman White explained that when citizens come into City Hall to make their payments there are various fees (transaction fees, etc)that are charged to the City to process the payment. He explained that with the on-line payments, no costs were accrued by the City. Councilman Newsom stated that if the $3.00 fee was reduced, citizens that paid by check or auto pay would be paying a portion of the costs for the credit card payments. Council Action A motion was made by Councilman Hogue, seconded by Councilman White to approve Ordinance No. 2007-05 amending Ordinance No. 2006-58 by adding a convenience fee for on- line payments made through the City's website of$1.75 for residential and business customers, containing a severability clause and providing for an effective date. A vote was taken and passed 5-1 with Mayor Pro Tern Porter, Councilman Hogue, Councilman Young, Councilman White, and Councilman Newsom voting for and Mayor Mondy voting against. Councilman Byboth was absent. 4. Consider, and act upon, all matters incident and related to approving and authorizing publication of notice of intention to issue Certificates of Obligations, including the adoption of Resolution No. 2007-10(R) pertaining thereto. (L Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the City approved a 5 year Capital Improvement Plan (CIP) for water and sewer projects and identified them as being funded with Certificates of Obligations. The Debt Service for these projects was included in the City's Water Rate Minutes—February 27, 2007 Wylie City Council Page 5 Study. This resolution authorizes a notice to be published of the City Council's intention to issue Certificates of Obligation in an amount not to exceed $7,750,000; to be paid from water&sewer revenues and water and sewer impact fees. He added that First Southwest had presented to staff a re-financing proposal that would refinance the balance of the General Obligation Bonds for 1999 and 1997 at a lower interest which will save the City a substantial amount of money. This proposal for refinance will be presented to Council at a later date. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to approve all matters incident and related to approving and authorizing publication of notice of intention to issue Certificates of Obligations, including the adoption of Resolution No. 2007-10(R) pertaining thereto. A vote was taken and passed 6-0 with Councilman Byboth absent. 5. Consider, and act upon, Resolution No. 2007-11(R) authorizing the purchase of a vehicle for the Criminal Investigations Division. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that a rising case load has made it necessary to move an officer from Patrol to Criminal Investigations Division. In order to facilitate this transfer we will need an additional CID car. There are budgeted funds available as two cars that were scheduled for replacement are being retained. Both of the vehicles being retained have low mileage and are still in good shape. Councilman Young asked Assistant City Manager Butters if this transfer included all the extra items such as computers for the CID vehicle. Assistant City Manager Butters replied that this was the cost of the vehicle only. He explained that those items normally placed in police vehicles would not be required in the CID vehicle. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to approve Resolution No. 2007-11(R) authorizing the purchase of a vehicle for the Criminal Investigations Division. A vote was taken and passed 6-0 with Councilman Byboth absent. 6. Consider, and act upon, Ordinance No. 2007-06 amending Chapter 18 (Animals), Section 18-9 (Livestock and Fowl), of the Wylie Code of Ordinances. (J. Butters, Assistant City Manager) Staff Comments Lieutenant Atkison addressed Council stating that the current Wylie Code of Ordinance is in conflict with the Zoning Ordinance (Agriculture Zoning) and it has been amended so they are no longer in conflict. The City of Wylie Livestock and Fowl Ordinance Code 18-9 (a) reads in part, "no more than one animal defined as being livestock per 4,500 square feet of available space may be kept in any agricultural zoning district or residential lot of one acre or more in size". The way the current ordinance is written it would allow nine(9) animals defined as being livestock per acre which does not comply with the Comprehensive Zoning Ordinance or the land use chart 5.1. Council Discussion Mayor Mondy asked Lieutenant Atkison why this Ordinance was required. Lieutenant Atkison replied that the Wylie Code of Ordinances was in conflict with the Zoning Ordinance regarding livestock. The proposed Ordinance would correct the code to comply with the agriculture/residential portion of the Minutes—February 27, 2007 Wylie City Council Page 6 Zoning Ordinance. He explained that there should be no more than one livestock per 4,500 square feet of property. Mayor Mondy asked how the citizens currently with livestock and not in compliance with the proposed amended ordinance would be handled. Assistant City Manager Butters addressed Council and stated that the ordinance would be grandfathered; meaning that it would be considered on a case by case basis. Those already housing livestock would not be required to reduce the livestock per acre. City Manager Manson stated that pursuant to the zoning requirements, the property would have to be vacant for at least 6 months before the new owner would be required to follow the amended ordinance. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve Ordinance No. 2007-06 amending Chapter 18 (Animals Section 18-9 (Livestock and Fowl), of the Wylie Code of Ordinances. A vote was taken and passed 6-0 with Councilman Byboth absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section I3-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2007-04, 2007-05, and 2007-06 into the official record. Mayor Mondy recessed the meeting at 6:38 p.m. Mayor Mondy reconvened into work session at 6:45 p.m. WORK SESSION • Presentation update and discussion related to construction of the new Library, Recreation Center and City Hall. (ARCHITEXAS, Architect/Holzman Moss Architecture/Thomas. S. Byrne, Ltd. Construction Manager) Representatives from ARCHITEXAS, Holzman Moss Architectural, and Thomas. S. Byrne, Ltd. Construction Manager gave an update regarding the purposed Library, City Hall, and Recreation Center. Displays were presented showing the preliminary exterior design and interior design and adjacencies. Proposed landscape designs were presented including a preliminary master plan for the meadows and entrances in and around the municipal complex. Plant materials suggested were native plantings and trees indigenous to the area. Discussion was conducted regarding material usage of Texas limestone for the exterior walls as well as some of the interior walls. Special places such as the Council Chambers and meeting areas were presented in red stone to accent those areas as well as designate them to the public. The roofline for the building was split to allow a series of glass (approx. 10 ft. in height) to allow natural light into the building. Transition designs were presented showing the phasing of the buildings. Malcolm Holzman representing Holzman Moss Architects reported, based on these preliminary plans and materials that they would present some cost estimates at a future meeting to determine the extent of work that could be completed under Phase I, and within the bond proceeds. The next work session for the building design is scheduled for the Regular City Council Meeting of March 27, 2007. Minutes—February 27, 2007 Wylie City Council Page 7 ADJOURNMENT With no further business before Council, Mayor Mondy adjourned the meeting at 7:20 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—February 27, 2007 Wylie City Council Page 8 QQ Q I11 QLIBRARY p'nASE II EI■RARYQPMASE I Q J I a I I c„, IDPHASE 119 an 1u PHASE IP 4 T N 4 c.CE ZTPHASE OREC.CENTER' ©I E%TE NT OF ONE STORY I I I I — I I 4- — — — ------- 1— r,; r, •i , _ II I i t t 1 l - .,,,,,,,!, ��— i I i I SECTICiN d—Ai 11 I I i I i I I i 1 I 1 i I i i I i i _ i i im. i i i i i i i TTTTT ........ �, m�.�._ .1...":."M..I.1. ■�• _._ �� "I n-•■�,m■■•li■nqi nl � lill iilli■lu"III1 po 1 ;ii ;11 �� . ■ �_ "ii i �..�1.r i IP1 11�ii,■'i�,, 11l�■,li1ll 1� !l1i�iitei_iiro Cliimli,ii;��i��idli�.�f'��li. ___ i�■:!!giIdnal ii'1!n:i: eg:!��1 Ian. i:.. �..131.ii ILO i!,!�-�iii deli■■iiihi■■ihiliN ilmiliee!4eiile�:■:ihbni■:najn_hillo �_ ill! 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H ALJ - 1- 1 Aa'-44i,111l11 1 1 iillI'ii 1 i i 1 1 VilI ll.i orgaL 1!.E 1 1 1 1 -tai ;vot ��. iiiii . i rr _,_ _ , I, pti Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 13, 2007 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Charles H. Lee, AICP Account Code: Date Prepared: 02/16/07 Budgeted Amount: Exhibits: One Subject Consider, and act upon, approval of a Replat creating two (2) lots on 24.96 acres for future commercial/industrial development. The property is generally located southeast of SH 78 and Martinez Lane. Recommendation Motion to approve a Replat for Premier Plaza creating two (2) commercial/industrial lots, generally located southeast of SH 78 and Martinez Lane. Discussion The property totals 24.96 acres and will create two (2) commercial/industrial lots. The property is zoned Light Industrial (LI) District and portions of the property has never been platted. The Wylie Mobile Home Park & Holland Hitch subdivisions abut the property to the north; these properties are being used for manufactured housing and light industrial uses. The Creek Bend Industrial Park abuts the subject property to the south, these properties are zoned LI, and partially developed for light industrial uses. A 100-year flood plain and drainage area along the eastern 1/4 (one-quarter) of the property separates adjacent Westwind Meadows No. 3 residential subdivision. The flood plain area is heavily wooded with a natural stream running north and south. The replat is being created to establish two (2) industrial lots by the Wylie Economic Development Corporation. No site plan has been submitted at this time. The LI zoning designation on the property is consistent with WEDC's general intent to market the area for the purposes of accommodating opportunities for future employment base as well as potential public sales tax revenues. 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INEPT 1,4= �.I III urr Ile a0AFamw....ry.r.l.M Nara Nit to ism..a.•.me..0 a '"• Wylie.ra.. i III . t„• .�r,I.l.v.wa ww.er a,...nwr.e.orr Now..Ian may in a., 'tl I� of thair rm.. witn'w wW am nebc......11.0 a.m.. _ 1 q M0.9.•and warm to of frrom n.........,.n.lot u.paw•.a cors..y. ...; III Auer A.• 1 y� J II 1 .arm.>Jo.... uN W..T.wiv...a.r4.•„e.e aapro wMacr.v..rq+. rx xtl revA.ram or a.ary a1 "'r' E,°r. —8lVIl7IW r li aoy . w,,,y,ee l.r..».. anA .xooT. r"1"""' u r u z u A u♦ nw u• rR h rw BY. .a..Fuca.Rma. FEB 71 EB) STATE Of TEXAS I orm.m....mad..r...r,.are,....r.•..,nr.,.. rl.pup.and AL PLAT PREMIER PLAZA Ow Er..of T.... LOTS 1 and 2 BEING A RERIAT or LOT 2 HOLLAND HITCH ADDITION Volume N,Page 257 Map Records Collie County,Texas BEING SITUATED IN THE NOT TO ISMS ...r.a D. EC. DAVIDSON SURVEY,ABSTRACT NO.287 �r EEC CITY OF WYLIE ,,.r..a.m........: (e.E.EX.7 CO UCOUNT A)yY.C.TE%A3 ams tm. OttadCAD Fx" ammo en ELD9. Sparr Surveys 1 9 mV aC.R. 22 MB! ,a. FBRUARY YDD? �-= l' McKinney,Team 75.9 Orr 0o cop. t (Ala)5a4-2297 NY Demo.maa ow s m.>a•ace... •r.•MM. No. 16905 V Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 13, 2007 Item Number: C Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: 03/05/07 Budgeted Amount: N/A Exhibits: Traffic Study/Ordinance Subject Consider, and act upon, Ordinance No. 2007-07 establishing Speed Zones for Wooded Creek Avenue from Ryan Lane to Riverway Lane. Recommendation Motion to approve Ordinance No. 2007-07 establishing speed zones for Wooded Creek Avenue from Ryan Lane to Riverway Lane. Discussion The City's traffic consultant recently completed a traffic study on Wooded Creek Avenue. Section 545.356 of the Texas Transportation code state that: "(b-1) Except as provided by Subsection (b-2), the governing body of a municipality,for a highway or a part of a highway in an urban district in the municipality that is not an officially designated or marked highway or road of the state highway system, is 35 feet or less in width, and along which vehicular parking is not prohibited on one or both sides of the highway, may declare a lower speed limit of not less than 25 miles per hour, if the governing body determines that the prima facie speed limit on the highway is unreasonable or unsafe." The horizontal curvature of Wooded Creek was reduced to a 175 ft radius to help lower the traveling speed along the roadway. The traffic study determined that the 85th percentile speed was 27.1 MPH and recommends the posted speed be lowered to 25 MPH. Approved By Initial Date Department Director CH 3/5/07 City Manager 3 )1, cfl Page 1 of 1 ORDINANCE NO. 2007-07 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS ESTABLISHING THE MAXIMUM SPEED LIMITS ON WOODED CREEK AVENUE PROCEEDING FROM RYAN LANE TO RIVERWAY LANE,WITH SUCH STREET BEING LOCATED IN THE CITY OF WYLIE, TEXAS, COLLIN COUNTY, TEXAS; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR SPEED ON THE DESIGNATED STREET;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 545.356 of the Texas Transportation Code provides that whenever the governing body of the municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or prudent under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City of Wylie,Texas,taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon,said governing body may determine and declare a reasonable and prudent prima facie speed limit thereon by the passage of an ordinance,which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; and WHEREAS,the City Council of the City of Wylie,Texas("Wylie")finds it is necessary for the protection and safety for the citizens of Wylie to declare a reasonable and prudent speed for Wooded Creek Avenue from Ryan Lane to Riverway Lane as set forth in the study attached hereto as Exhibit"A"and incorporated for all purposes as if fully set forth herein. 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: Establishment of Prima Facie Speed. Upon basis of an engineering and traffic investigation heretofore made, and as authorized by the provisions of §545.356 of the Texas Transportation Code, the prima facie speed limit(s) for Wooded Creek Avenue proceeding from Ryan Lane to Riverway Lane shall be as set forth in the study attached hereto as Exhibit"A" and incorporated for all purposes as if fully set forth herein. SECTION 3: Placement of Signs. The City Manager or his/her designated representative is hereby authorized and directed to cause the placement of signs on Wooded Creek Avenue proceeding from Ryan Lane to Riverway Lane indicating the maximum speed allowed. The signs Ordinance No.2007-07 Speed Zone Limit—Wooded Creek Avenue shall be placed at the most advantageous points to be conspicuous to approaching vehicular traffic. The sign shall be permanently affixed to a stationery post or installed on permanent buildings or walls or as approved by the City Manager or his/her designated representative. The sign shall in no way be obstructed from view,and shall comply with applicable state laws. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: 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 more than Two Hundred Dollars ($200.00). Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, on this 13th day of March, 2007. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of Publication in The Wylie News—March 21,2007 Ordinance No.2007-07 Speed Zone Limit—Wooded Creek Avenue MEMO TO : Chris Hoisted, City Engineer, City of Wylie FROM : Tom Walton, Consulting Traffic Engineer DATE : 02/10/07 SUBJECT : Wooded Creek Ave. Ryan Ln to Riverway Ln. Per your instructions I have completed an investigation of the traffic situation on the new section of Wooded Creek Avenue between Ryan Lane and Riverway Lane in the City of Wylie. The objective of the investigation was to determine if there is a potential hazard for those driving on the road and for those walking along the sidewalk bordering the road. The subject section of Wooded Creek Ave. is a continuation of a north south roadway in Phase 8 of the Sage Creek subdivision. The road makes a curve to the west and intersects Riverway Ln. opposite Silene Ct. in the Sage Creek North subdivision. There is a 4 ft. wide sidewalk along the west or south side of the road and a 6 ft wide walk along the east or north side. The roadway is reinforced concrete, 31 ft wide with 6 inch curbs on each side. The horizontal curve has a 175 ft radius and the road slopes at a 1.3 to 3.0 percent grade from Riverway toward Ryan. There is a box culvert under the road near the midpoint of the subject section. The speed limit on the new section is a continuation of that in the subdivision and is marked at 30 MPH. Stop signs are in place on the west side of Wooded Creek just north of Ryan and on the north side of Wooded Creek just east of Riverway. The area bordering the new road is a small urban park with no buildings on either side and a number of native trees along the drainage area. In order to determine the current conditions on the road, a Speed/Volume traffic count was done on Tuesday 1/30/07. The results of the count indicate that a total of 216 vehicles used the roadway on a typical day. The 85`h percentile speed was 27.1 MPH while the average and median speeds were 20MPH and 19.7 MPH respectively. No accidents were reported on the road. The design speed of a road like Wooded Creek is controlled by the horizontal curvature. According to the AASHTO design guidelines for urban streets, a radius of 175 ft would indicate a safe operating speed of between 25 and 30 MPH. The small radius of the road and the lack of illumination caused by the park foliage can make it difficult for traffic moving from Ryan toward Riverway to recognize the curve and slow down to make the trip safely, especially under night time conditions. To give guidance to vehicles using the road in both directions, a double yellow centerline using 4 inch double reflective buttons spaced at 5 ft intervals, should be installed from just north of Ryan to the Riverway intersection. In addition, 3 Chevron signs (W1-8), to the left, should be installed on the east side of Wooded Creek beginning 50 ft north of Ryan Ln and at 50 ft intervals to 150 north of Ryan ln. with all signs facing south. Finally, the speed limit on Wooded Creek Avenue from its intersection with Riverway Lane to its intersection with Ryan Lane should be established at 25 MPH. After passage of the new speed limit ordinance the existing 30 MPH signs on Wooded Creek Ave. should be replaced with 25 MPH signs. Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: March 13, 2007 Item Number: D Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: March 6, 2007 Budgeted Amount: Exhibits: Revenue and Budget Report Subject Consider, and place on file, the Monthly Revenue and Expenditure Reports for the period of January and February 2007. Recommendation Motion to place on file the Monthly Revenue and Expenditure Reports for the period of January and February 2007. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LW 3/6/07 City Manager 44 3 7 0 7 Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:JANUARY 31,2007 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2006-2007 2006-2007 2006-2007 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 12,696,160 8,933,113.47 8,465,452.26 -467,661 FRANCHISE FEES 1,671,130 287,966.00 387,077.94 99,112 LICENSES AND PERMITS 1,153,000 333,979.60 300,913.92 -33,066 INTERGOVERNMENTAL REV. 300,480 99,441.15 83,624.97 -15,816 SERVICE FEES 1,838,400 525,703.92 525,567.13 -137 FINES AND FORFEITURES 541,000 180,261.20 194,200.14 13,939 INTEREST INCOME 100,000 33,320.00 111,423.50 78,104 MISCELLANEOUS INCOME 55,000 18,326.00 22,446.51 4,121 OTHER FINANCING SOURCES 827,860 0 0 0 TOTAL REVENUES 19,183,030 10,412,111 10,090,706 -321,405 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 129,500 43,166.64 56,756.37 13,590 CITY MANAGER 438,900 146,299.92 147,788.63 1,489 CITY SECRETARY 234,220 78,073.36 66,387.96 -11,685 CITY ATTORNEY 133,000 44,333.36 25,473.22 -18,860 FINANCE 653,930 217,976.56 177,124.61 -40,852 FLEET&FACILITIES SVC 164,150 54,716.64 42,056.25 -12,660 MUNICIPAL COURT 272,660 90,886.64 91,297.58 411 HUMAN RESOURCES 191,070 63,690.16 64,987.97 1,298 PURCHASING 104,340 34,779.76 32,571.95 -2,208 INFORMATION TECHNOLOGY 234,020 78,006.64 90,293.10 12,286 POLICE 4,480,780 1,493,593.36 1,379,534.96 -114,058 FIRE 4,179,640 1,393,213.52 1,346,907.97 -46,306 ANIMAL CONTROL 268,140 89,380.16 116,249.70 26,870 PLANNING 424,610 141,776.72 83,447.53 -58,329 BUILDING INSPECTION 681,580 227,193.52 203,712.62 -23,481 CODE ENFORCEMENT 148,690 49,563.28 38,200.63 -11,363 STREETS 1,954,540 651,513.52 621,042.81 -30,471 PARKS 1,326,440 442,146.48 374,005.82 -68,141 RECREATION 275,540 91,846.64 84,244.54 -7,602 LIBRARY 660,470 220,156.64 226,133.19 5,977 COMBINED SERVICES 2,517,760 839,253.28 722,601.39 -116,652 TOTAL EXPENDITURES 19,473,980 6,491,567 5,990,819 -500,748 REVENUES OVER/(UNDER)EXPENDITURES -290,950 3,920,545 4,099,888 179,343 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:JANUARY 31,2007 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2006-2007 2006-2007 2006-2007 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,463,000 2,601,000.00 2,067,435.41 -533,565 INTEREST INCOME 50,000 16,666.64 118,206.28 101,540 MISCELLANEOUS INCOME 136,860 45,620.00 9,349.50 -36,271 TOTAL REVENUES 8,649,860 2,663,287 2,194,991 -468,295 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 337,650 112,549.92 100,816.61 -11,733 UTILITIES-WATER 1,091,690 363,896.80 334,349.16 -29,548 CITY ENGINEER 440,490 146,830.00 124,026.83 -22,803 UTILITIES-SEWER 600,360 200,120.16 126,175.50 -73,945 UTILITY BILLING 921,330 307,110.16 264,135.92 -42,974 COMBINED SERVICES 6,475,490 2,158,496.64 1,864,446.78 -294,050 TOTAL EXPENDITURES 9,867,010 3,289,004 2,813,951 -475,053 REVENUES OVER/(UNDER)EXPENDITURES -1,217,150 -625,717 -618,960 6,757 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:FEBRUARY 28,2007 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVERI(UNDER) ACCOUNT DESCRIPTION 2006-2007 2006-2007 2006-2007 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 12,696,160 10,459,415.02 9,989,183.94 -470,231 FRANCHISE FEES 1,671,130 429,120.00 471,605.43 42,485 LICENSES AND PERMITS 1,153,000 418,324.50 375,490.29 -42,834 INTERGOVERNMENTAL REV. 300,480 127,152.03 190,832.56 63,681 SERVICE FEES 1,838,400 658,622.16 661,092.95 2,471 FINES AND FORFEITURES 541,000 225,326.50 238,675.22 13,349 INTEREST INCOME 100,000 41,650.00 111,424.06 69,774 MISCELLANEOUS INCOME 55,000 22,907.50 25,523.41 2,616 OTHER FINANCING SOURCES 827,860 0 0 0 TOTAL REVENUES 19,183,030 12,382,518 12,063,828 -318,690 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 129,500 53,958.31 60,765.73 6,807 CITY MANAGER 438,900 182,874.93 176,502.12 -6,373 CITY SECRETARY 234,220 97,591.69 87,975.02 -9,617 CITY ATTORNEY 133,000 55,416.69 34,742.84 -20,674 FINANCE 653,930 272,470.74 248,261.36 -24,209 FLEET&FACILITIES SVC 164,150 68,395.81 57,306.11 -11,090 MUNICIPAL COURT 272,660 113,608.31 109,234.20 -4,374 HUMAN RESOURCES 191,070 79,612.64 78,232.74 -1,380 PURCHASING 104,340 43,474.79 39,444.72 -4,030 INFORMATION TECHNOLOGY 234,020 97,508.31 95,663.20 -1,845 POLICE 4,480,780 1,866,991.69 1,640,129.79 -226,862 FIRE 4,179,640 1,741,516.83 1,590,343.22 -151,174 ANIMAL CONTROL 268,140 111,725.14 129,528.33 17,803 PLANNING 424,610 177,130.88 103,016.86 -74,114 BUILDING INSPECTION 681,580 283,991.83 251,432.41 -32,559 CODE ENFORCEMENT 148,690 61,954.12 45,774.15 -16,180 STREETS 1,954,540 814,391.83 677,355.63 -137,036 PARKS 1,326,440 552,683.17 473,490.60 -79,193 RECREATION 275,540 114,808.31 87,735.69 -27,073 LIBRARY 660,470 275,195.81 273,815.33 -1,380 COMBINED SERVICES 2,517,760 1,049,066.62 876,834.68 -172,232 TOTAL EXPENDITURES 19,473,980 8,114,368 7,137,585 -976,784 REVENUES OVER/(UNDER)EXPENDITURES -290,950 4,268,149 4,926,243 658,094 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:FEBRUARY 28,2007 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2006-2007 2006-2007 2006-2007 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,463,000 3,251,250.00 2,616,821.92 -634,428 INTEREST INCOME 50,000 20,833.31 118,206.28 97,373 MISCELLANEOUS INCOME 136,860 57,025.00 11,358.50 -45,667 TOTAL REVENUES 8,649,860 3,329,108 2,746,387 -582,722 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 337,650 140,687.43 122,694.60 -17,993 UTILITIES-WATER 1,091,690 454,870.95 403,734.03 -51,137 CITY ENGINEER 440,490 183,537.50 152,364.16 -31,173 UTILITIES-SEWER 600,360 250,150.14 148,718.48 -101,432 UTILITY BILLING 921,330 383,887.64 308,876.48 -75,011 COMBINED SERVICES 6,475,490 2,698,120.81 2,808,397.37 110,277 TOTAL EXPENDITURES 9,867,010 4,111,254 3,944,785 -166,469 REVENUES OVER/(UNDER)EXPENDITURES -1,217,150 -782,146 -1,198,398 -416,252 Wylie City Council CITY OF WYLIE AGENDA REPORT V Meeting Date: March 13, 2007 Item Number: 1 Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: N/A Date Prepared: February 20, 2007 Budgeted Amount: N/A Exhibits: 4 Subject Hold a Public Hearing and consider, and act upon, Ordinance No. 2007-08 adopting the Standards of Care for Youth Programs. Recommendation Motion to approve Ordinance 2007-08 adopting the Standards of Care for Youth Programs. Discussion Since the inception of the summer youth programs in 2000, the Standards of Care have been reviewed yearly and adopted as an ordinance in order to comply with the Texas Senate Bill 212, Human Resource Code, Section 42.041 (b)(14). The Texas Senate Bill 212, Human Resource Code, Section 42.041 (b)(14) states the following: Section 42.041 (b) (14) Elementary age (ages 5-13) recreation programs operated by a municipality; provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs and that such standards are provided to the parents of each program participant. Such ordinances shall include at a minimum, staff ratios, minimum staff qualification, minimum facility and safety standards, and mechanisms for monitoring and enforcing the adopted local standards, further, provided that parents be informed the program is not licensed by the state and the program not be advertised as a childcare facility. The above legislation determines that the City will become exempt from any licensing from the Texas Department of Protective and Regulatory Services if the standards of care establishes the following: 1. Staff Ratios 2. Minimum Staff Requirements 3. Minimum facility, health, and safety standards 4. Monitoring and enforcement mechanisms for adopted local standards 5. A process to notify parents that the program is not licensed by the State Page 1 of 2 Page 2 of 2 6. A policy that the program will not be advertised as a childcare facility Staff has made no significant changes to the current version of the ordinance. The Ordinance and Standards of Care provides the necessary guidelines for the regulation of the summer youth program, the Wylie Wave, as legislated by the Texas Senate Bill 212, Human Resource Code, Section 42.041 (b)(14). Approved By Initial Date Department Director MS 2/20/07 City Manager U u \ AA 3 (6 10 7 ORDINANCE NO.2007-08 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ADOPTING STANDARDS OF CARE FOR THE CITY OF WYLIE YOUTH PROGRAMS. WHEREAS, the City of Wylie will be establishing a history of providing youth programs that contribute to the overall well being of Wylie youth and families; and WHEREAS, a hearing before the City Council was set for March 13, such date being at least 7 days after publication of the notice of such public hearing; said notice appearing in the Wylie News on February 28 and March 7, 2007; and WHEREAS, the intent of the City is to adopt Standards of Care for its youth programs that fulfill the requirements of Senate Bill 212 as it amends Section 42.041 of the Texas Human Resource Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: Section 1. The Wylie Youth Programs' Standards of Care as detailed in Exhibit "A" are hereby adopted. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 13th day of March, 2007. John Mondy, Mayor Attest: Carole Ehrlich, City Secretary Attest: City Attorney Date of publication in The Wylie News-February 28 and March 7,2007 Ordinance No.2007-08 Standards of Care for Wylie Youth Programs EXHIBIT"A" STANDARDS OF CARE WYLIE YOUTH PROGRAMS The following Standards of Care is hereby adopted by the City Council of the City of Wylie, Texas in order to comply with Senate Bill 212 as approved by the Texas Legislature during the 74th legislative session. The Standards of Care are intended to be minimum standards by which the City of Wylie Parks and Recreation Department will operate the City's Youth Programs. The programs operated by the City are recreational in nature and are not day care programs licensed by the State of Texas. GENERAL ADMINISTRATION 1. Organization A. The governing body of the City of Wylie Youth Programs is the Wylie City Council. B. Implementation of the Youth Programs Standards of Care is the responsibility of the Parks and Recreation Department Managing Director and Departmental employees. C. Youth Programs ("Program") to which these Standards of Care will apply is the Wylie Wave Summer Youth Program. D. Each Youth Program site will have available for public and staff review a current copy of the Standards of Care. E. Parents of participants will be provided a current copy of the Standards of Care during the registration process. F. Criminal background checks will be conducted on prospective Youth Program employees. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: (1) a felony or a misdemeanor classified as an offense against a person or family; (2) a felony or misdemeanor classified as public indecency; (3) a felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; (4) any offense involving moral turpitude; 1 (5) a felony or misdemeanor classified as DWI(driving while intoxicated) or DUI (driving under the influence); (6) any offense that would potentially put youth participants or the City of Wylie at risk. 2. Definitions A. City: City of Wylie B. City Council: City Council of the City of Wylie C. Department: Parks and Recreation Department of the City of Wylie D. Youth Programs or Program: City of Wylie Youth Programs consisting of the Wylie Wave Summer Youth Program and future youth programs. E. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to Wylie Youth Programs. F. Director: City of Wylie Public Services Director or his or her designee. G. Assistant Superintendent: City of Wylie Parks and Recreation Department full- time employee who has been assigned administrative oversight responsibility for the City's Youth Programs. H. Program Coordinator: City of Wylie Parks and Recreation Department full-time Recreation Supervisor has been assigned administrative responsibility for the Wylie Wave Summer Youth Program. I. Site Supervisor, Assistant Site Supervisor and Program Leader: City of Wylie Parks and Recreation Department seasonal part-time employees who have been assigned responsibility to implement the City's Youth Programs. J. Program Site: Area and facilities where Wylie Youth Programs are held consisting of a Wylie Independent School District (W.I.S.D.) facility(i.e. McMillan Jr. High) or City of Wylie properties. K. Participant: A youth whose parent(s)have completed all required registration procedures and who is determined to be eligible for a Wylie Youth Program. L. Parent(s)/Legal Guardian: This term will be used to represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren) in the Wylie Youth Programs. M. Employee(s): Term used to describe people who have been hired to work for the City of Wylie and have been assigned responsibility for managing, administering, or implementing some portions of the Wylie Youth Programs. 2 3. Inspections/Monitoring/Enforcement A. A monthly inspection report will be initiated by the Site Supervisor of each Program to confirm the Standards of Care are being adhered to. (1) Inspection reports will be sent to the Assistant Superintendent for review and kept on record for at least two years. (2) The Assistant Superintendent will review the report and establish deadlines and criteria for compliance with the Standards of Care. B. The Assistant Superintendent will make visual inspections of the Program based on the following schedule: The Wylie Summer Youth Program will be inspected twice during its summer schedule. C. Complaints regarding enforcement of the Standards of Care will be directed to the Coordinator. The Coordinator will be responsible to take the necessary steps to resolve the problems. The Assistant Superintendent will record complaints regarding enforcement of the Standards of Care and their resolution. Serious complaints regarding enforcement of the Standards of Care will be addressed by the Director of Public Services (or their designee) and the complaint and the resolution will be noted. D. The Assistant Superintendent will make an annual report to the City Council on the overall status of the Youth Programs and their operation relative to compliance with the adopted Standards of Care. 4. Enrollment A. Before a child can be enrolled, a parent/legal guardian must sign registration forms that contain the child's: (1) name, address, home telephone number; (2) name and address of parents and telephone number during Program hours; (3) the names and telephone numbers of people to whom the child can be released; (4) a statement of the child's special issues or needs; (5) emergency medical authorization; (6) proof of residency when appropriate; and 3 (7) a liability waiver. 5. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Supervisor. The Superintendent will immediately notify the Police Department and any other agency as may be appropriate. Texas state law requires the staff of these youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Failure to report suspected abuse is punishable by fines up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. STAFFING- RESPONSIBILITIES AND TRAINING 6. Youth Program Coordinator("Coordinator") Qualifications A. Coordinators will be full-time,professional employees of the Wylie Parks and Recreation Department and will be required to have all Program Leader qualifications as outlined in Section 7 of this document. B. Coordinators must be at least 21 years old. C. Coordinators must have a bachelor's degree from an accredited college or university. Acceptable degrees include: (1) Recreation Administration or General Recreation; (2) Physical Education; or (3) Any other comparable degree plan that would lend itself to working in a public recreation environment. D. Coordinators must have two years experience planning and implementing recreational activities. E. Coordinators must pass a background investigation including testing for illegal substances. F. Coordinators must have successfully completed a course in first aid and Cardio Pulmonary Resuscitation (CPR)based on either American Heart Association or American Red Cross standards. G. Coordinator must be able to furnish proof of a clear tuberculosis test 4 within 12 months prior to their employment date. 7. Coordinator's Responsibilities A. Coordinators are responsible to recommend for hire, supervise, and evaluate the Site Supervisor, Asst. Site Supervisors and Program Leaders. B. Coordinators are responsible to plan, implement, and evaluate programs. 8. Youth Program Site Supervisor/Assistant Site Supervisor/Program Leader("Leader") Qualifications: A. Leaders will be part-time or temporary employees of the Parks and Recreation Department. B. Leaders working with children must be age 16 or older; however, each site will have at least one employee 18 years old or older present at all times. C. Leaders should be able to consistently exhibit competency, good judgement, and self-control when working with children. D. Leaders must relate to children,parents, co-workers, supervisors, and the general public with courtesy, respect, tolerance, and patience. E. Leaders must have successfully completed a course in first aid and CPR based on either American Heart Association or American Red Cross standards. An exception can be made for no more than one staff person at each site, and that person shall successfully complete a first aid and CPR course within four weeks of starting work. F. Leaders must pass a background investigation including testing for illegal substances. G. Leaders must be able to furnish proof of a clear tuberculosis test within 12 months prior to their employment date. 9. Leader Responsibilities A. The Site Supervisor is responsible to administer the Programs' daily operations in compliance with the adopted Standards of Care. B. Leaders will be responsible to provide participants with an environment in which they can feel safe, can enjoy wholesome recreation activities, and can participate in appropriate social opportunities with their peers. C. Leaders will be responsible to know and follow all City, Departmental, and Program standards,policies, and procedures that apply to Wylie Youth Programs. 5 D. Leaders must ensure that participants are released only to a parent or an adult designated by the parent. All Program sites will have a copy of the Department approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Leader. 10. Training/Orientation A. The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. Coordinators will provide each Leader with a Program manual specific to each Youth Program. B. Program employees must be familiar with the Standards of Care for Youth Program operation as adopted by the City Council. C. Program employees must be familiar with the Program's policies including discipline, guidance, and release of participants as outlined in the Program Manual. D. Program employees will be trained in appropriate procedures to handle emergencies. E. Program employees will be trained in areas including City, Departmental, and Program policies and procedures,provision of recreation activities, safety issues, child psychology, and organization. F. Program employees will be required to sign an acknowledgement that they received the required training. OPERATIONS 11. Staff-Participant Ratio A. In a Wylie Youth Program, the standard ratio of participants to Leaders will be 20 to 1. In the event a Leader is unable to report to the Program site, a replacement will be assigned. B. Each participant shall have a Program employee who is responsible for him or her and who is aware of the participant's habits, interests, and any special issues as identified by the participant's parent/legal guardian during the registration process. 12. Discipline A. Program employees will implement discipline and guidance in a consistent manner based on the best interests of Program participants. 6 B. There must be no cruel or harsh punishment or treatment. C. Program employees may use brief, supervised separation from the group if necessary. D. As necessary, Program employees will initiate discipline reports to the parent/legal guardian(s) of participants. Parent/legal guardian(s) will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. E. A sufficient number and/or severe nature of discipline reports as detailed in the Program Manual may result in a participant being suspended from the Program. F. In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible. 13. Programming A. Program employees will attempt to provide activities for each group according to the participants' ages, interests, and abilities. The activities must be appropriate to participants'health, safety, and well being. The activities also must be flexible and promote the participants' emotional, social, and mental growth. B. Program employees will attempt to provide that indoor and outdoor time periods include: (1) alternating active and passive activities; (2) opportunity for individual and group activities; and (3) outdoor time each day weather permits. C. Program employees will be attentive and considerate of the participants' safety on field trips and during any transportation provided by the Program. (1) During trips, Program employees supervising participants must have immediate access to emergency medical forms and emergency contact information for each participant. (2) Program employees must have a written list of the participants in the group and must check the roll frequently. (3) Program employees must have first aid supplies and a guide to first aid and emergency care available on field trips. 14. Communication A. Each Program site will have a pager/cell phone to allow the site to be contacted 7 by City personnel, and each site will have access to a telephone for use in contacting the City personnel or making emergency calls. B. The Program Site Supervisor will post the following telephone numbers adjacent to a telephone accessible to all Program employees at each site: (1) Wylie emergency medical services and police department. (2) Numbers at which parents/staff may be reached; and (3) The telephone number for the site itself. 15. Transportation A. Before a participant may be transported to and from city sponsored activities, a transportation form, completed by the parent/legal guardian of the participant must be filed with the Program Site Supervisor. B. First aid supplies and a first aid and emergency care guide will be available in all Program vehicles that transport children. C. All Program vehicles used for transporting participants must have available a 6- BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. FACILITY STANDARDS 16. Safety A. Program employees will inspect Program sites daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily inspection report will be completed by Program employees and kept on file by the Coordinator. B. Buildings, grounds, and equipment on the Program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. C. Program equipment and supplies must be safe for the participants' use. D. Program employees must have first aid supplies and a first aid and emergency care guide readily available to staff at each site, during transportation to an off- site activity, and for the duration of any off-site activity. E. Program air conditioners, electric fans, and heaters must be mounted out of participants'reach or have safeguards that keep participants from being injured. F. Program porches and platforms more than 30 inches above the ground must be 8 equipped with railing participants can reach. G. All swing seats at Program sites must be constructed of durable, lightweight, relatively pliable material. 17. Fire A. In case of fire, danger of fire, explosion, or other emergency, Program employees' first priority is to evacuate the participants to a designated safe area. B. The Program site will have an annual fire inspection by the local Fire Marshall, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Assistant Superintendent who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Assistant Superintendent's annual report to the Council. C. Each Program site must have at least one fire extinguisher approved by the Fire Marshal readily available to all Program employees. D. Fire drills will be initiated at Program sites based on the following schedule: (1) Wylie Wave Summer Youth Program: A fire drill twice during the session. 18. Health A. Illness or Injury (1) A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the Program. (2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. (3) Program employees will follow plans to provide emergency care for participants with symptoms of an acute illness or injured participants as specified in the Program manual. (4) Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. B. Program employees will administer medication only if: (1) Parent/Legal Guardian(s) complete and sign a medication form that provides authorization for staff to dispense medication with details as to time and dosages. The form will include a hold harmless clause to protect the City. 9 (2) Prescription medications are in the original containers labeled with the child's name, date, directions, and the physician's name. Program employees will administer the medication only as stated on the label. Program employees will not administer medication after the expiration date. (3) Nonprescription medications are labeled with the child's name and the date the medication was brought to the Program. Nonprescription medication must be in the original container. Program employees will administer it only according to label direction. (4) Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program employees. No injections will be administered by the Program employees. (5) Program employees must ensure medications are inaccessible to participants or, if it is necessary to keep medications in the refrigerator (when available), medications will be kept separate from food. C. Toilet Facilities (1) The Program site will have inside toilets located and equipped so children can use them independently and Program staff can supervise as needed. (2) There must be one flush toilet for every 30 children. Urinals may be counted in the ratio of toilets to children, but they must not exceed 50% of the total number of toilets. (3) An appropriate and adequate number of lavatories will be provided. D. Sanitation (1) The Program facilities must have adequate light, ventilation, and heat. (2) The Program must have an adequate supply of water meeting the standards of the Texas Commision on Environmental Quality mission for drinking water and ensure that it will be supplied to the participants in a safe and sanitary manner. (3) Program employees must see that garbage is removed from buildings daily. 10 NOTICE OF PUBLIC HEARING CITY OF WYLIE TO CONSIDER AN ORDINANCE ADOPTING THE STANDARDS OF CARE FOR YOUTH PROGRAMS The Wylie City Council will hold a Public Hearing on Tuesday, March 13, 2007 at 6:00 p.m. in the Council Chambers at the Municipal Complex, 2000 State Highway 78 North, Wylie, Texas. The purpose of this hearing is to consider an Ordinance adopting the Standards of Care for Youth Programs in compliance with the 1995 Senate Bill 212. The proposed Standards of Care will comply with Senate Bill 212 and be a standard that will be used for all youth programs run by the Wylie Parks and Recreation Department. All citizens or interested parties who wish to comment concerning this request may speak during the Public Hearing. The proposed Standards of Care are available for viewing in the City Secretary's Office,2000 State Highway 78 North,Wylie,Texas. Robert Diaz Assistant Superintendent City of Wylie Parks&Recreation Department HUMAN RESOURCES CODE CHAPTER 42 . REGULATION OF CERTAIN FACILITIES, HOMES, AND AGENCIES THAT PROVIDE CHILD-CARE SERVICES SUBCHAPTER A. GENERAL PROVISIONS § 42.001. PURPOSE. The purpose of this chapter is to protect the health, safety, and well-being of the children of the state who reside in child-care facilities by establishing statewide minimum standards for their safety and protection and by regulating the facilities through a licensing program or by requiring child-care facilities to be regulated by alternative accreditation bodies. It is the policy of the state to ensure the protection of all children under care in child-care facilities and to encourage and assist in the improvement of child-care programs. It is also the intent of the legislature that freedom of religion of all citizens is inviolate. With respect to a school or child-care facility sponsored by a religious organization, nothing in this chapter gives a governmental agency authority to regulate, control, supervise, or in any way be involved in the: (1) form, manner, or content of religious instruction, ministry, teaching, or the curriculum offered by the school or facility; (2) ability of the school or facility to select and supervise qualified personnel, and otherwise control the terms of employment, including the right to employ individuals who share the religious views of the school or facility; (3) internal self-governance and autonomy of the school or facility; or (4) religious environment of the school or facility, such as symbols, art, icons, and scripture. Acts 1979, 66th Leg. , p. 2358, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg. , ch. 664, § 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 1, eff. Sept. 1, 2001. § 42 .002 . DEFINITIONS. In this chapter: (1) "Child" means a person under 18 years of age. (2) "Division" means the division designated by the department to carry out the provisions of this chapter. (3) "Child-care facility" means a facility licensed, certified, or registered by the department to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers. (4) "Child-care institution" means a child-care facility that provides care for more than 12 children for 24 hours a day, including facilities known as children's homes, halfway houses, residential treatment centers, emergency shelters, and therapeutic camps. (5) "Foster group home" means a child-care facility that provides care for 7 to 12 children for 24 hours a day. (6) "Foster home" means a child-care facility that provides care for not more than six children for 24 hours a day. (7) "Day-care center" means a child-care facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day. (8) "Group day-care home" means a child-care facility that provides care for 7 to 12 children under 14 years of age for less than 24 hours a day. (9) "Family home" means a home that provides regular care in the caretaker's own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker. (10) "Agency foster group home" means a facility that provides care for seven to 12 children for 24 hours a day, is used only by a licensed child-placing agency, and meets department standards. (11) "Agency foster home" means a facility that provides care for not more than six children for 24 hours a day, is used only by a licensed child-placing agency, and meets department standards. (12) "Child-placing agency" means a person, including an organization, other than the natural parents or guardian of a child who plans for the placement of or places a child in a child-care facility, agency foster home, agency foster group home, or adoptive home. (13) "Facilities" includes child-care facilities and child-placing agencies. (14) "State of Texas" or "state" does not include political subdivisions of the state. (15) "Religious organization" means a church, synagogue, or other religious institution whose purpose is to support and serve the propagation of truly held religious beliefs. (16) "Children who are related to the caretaker" means children who are the children, grandchildren, siblings, great-grandchildren, first cousins, nieces, or nephews of the caretaker, whether by affinity or consanguinity or as the result of a relationship created by court decree. (17) "Regular care" means care that is provided at least four hours a day, three or more days a week, for more than nine consecutive weeks. Acts 1979, 66th Leg. , p. 2359, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg. , p. 2812, ch. 759, § 1, eff. Aug. 31, 1981; Acts 1987, 70th Leg. , ch. 1052, § 4.01, eff. Sept. 1, 1987; Acts 1989, 71st Leg. , ch. 984, § 1, eff. June 15, 1989; Acts 1997, 75th Leg. , ch. 1022, § 23, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 3, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 2, eff. Sept. 1, 2001. SUBCHAPTER B. ADMINISTRATIVE PROVISIONS § 42 .021. DIVISION DESIGNATED. (a) The department may designate a division within the department to carry out responsibilities the department may delegate or assign under this chapter. (b) The executive director of the department shall appoint as director of a division designated under Subsection (a) a person who meets the qualifications set by the board. (c) The department shall employ sufficient personnel and provide training for the personnel to carry out the provisions of this chapter. (d) The director may divide the state into regions for the purpose of administering this chapter. Acts 1979, 66th Leg. , p. 2360, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1995, 74th Leg. , ch. 76, § 8.020, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1063, § 4, eff. Sept. 1, 1997. § 42.022. STATE ADVISORY COMMITTEE. (a) The State Advisory Committee on Child-Care Administrators and Facilities is appointed by the board on the recommendation of the director. (b) Members of the committee serve for terms of two years expiring on February 1 of each odd-numbered year. (c) The advisory committee is composed of 12 members appointed by the board. The members must have the following qualifications: (1) two must be parents, guardians, or custodians of children who use the facilities; (2) two must be representatives of child advocacy groups; (3) two must be operators of nonprofit child-care facilities that are licensed under this chapter; (4) two must be experts in various professional fields that are relevant to child care and development; (5) two must be members of the general public; and (6) two must be operators of proprietary child-care facilities that are licensed under this chapter. (d) The department shall provide staff necessary for the committee. (e) The committee shall review rules and minimum standards for child-care administrators, child-care facilities, and child-placing agencies promulgated by state agencies, and shall advise the department, the council, and state agencies on problems of child-care administrators, child-care facilities, and child-placing agencies. (f) The committee shall receive and review the annual report of the department. (g) The board, on the recommendation of the director, shall appoint an advisory subcommittee on child-care administration from the membership of the Advisory Committee on Child-Care Administrators and Facilities. The subcommittee shall advise the board on licensing child-care administrators, including the content of the examination administered to license applicants under Section 43 .004. The subcommittee on child-care administration shall meet at the same time the committee meets. (h) In making appointments to the committee, the board shall consider whether the committee reflects the race, ethnicity, and age of the residents of this state and whether the committee provides representation of the geographic regions of the state. Acts 1979, 66th Leg. , p. 2360, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg. , ch. 1052, § 4.02, eff. Sept. 1, 1987; Acts 1995, 74th Leg. , ch. 76, § 8.021, eff. Sept. 1, 1995; Acts 1995, 74th Leg. , ch. 920, § 9, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1063, § 5, eff. Sept. 1, 1997. § 42.023. ANNUAL REPORT. (a) The executive director shall prepare an annual written report regarding the department's activities under this chapter. (b) The annual report shall include: (1) a report by regions of applications for licensure or certification, of provisional licenses issued, denied, or revoked, of licenses issued, denied, suspended or revoked, of emergency closures and injunctions, and of the compliance of state-operated agencies with certification requirements; (2) a summary of the amount and kind of in-service training and other professional development opportunities provided for department staff; (3) a summary of training and other professional development opportunities offered to facilities' staffs; and (4) a report of new administrative procedures, of the number of staff and staff changes, and of plans for the coming year. (c) Copies of the annual report shall be available to any state citizen on request. Acts 1979, 66th Leg. , p. 2360, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1985, 69th Leg. , ch. 18, § 2, eff. April 3, 1985; Acts 1995, 74th Leg. , ch. 76, § 8.022, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1063, § 6, eff. Sept. 1, 1997. § 42.024. ADMINISTRATIVE PROCEDURE. Chapter 2001, Government Code applies to all procedures under this chapter except where it is contrary to or inconsistent with the provisions of this chapter. Acts 1979, 66th Leg. , p. 2361, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1995, 74th Leg. , ch. 76, § 5.95 (49) , eff. Sept. 1, 1995. SUBCHAPTER C. REGULATION OF CERTAIN FACILITIES, HOMES, AND AGENCIES § 42 .041. REQUIRED LICENSE OR ACCREDITATION. (a) No person may operate a child-care facility or child-placing agency without a license issued by the department. (b) This section does not apply to: (1) a state-operated facility; (2) an agency foster home or agency foster group home; (3) a facility that is operated in connection with a shopping center, business, religious organization, or establishment where children are cared for during short periods while parents or persons responsible for the children are attending religious services, shopping, or engaging in other activities on or near the premises, including but not limited to retreats or classes for religious instruction; (4) a school or class for religious instruction that does not last longer than two weeks and is conducted by a religious organization during the summer months; (5) a youth camp licensed by the Texas Department of Health; (6) a facility licensed, operated, certified, or registered by another state agency; (7) an educational facility accredited by the Texas Education Agency or the Southern Association of Colleges and Schools that operates primarily for educational purposes in grades kindergarten and above, an after-school program operated directly by an accredited educational facility, or an after-school program operated by another entity under contract with the educational facility, if the Texas Education Agency or Southern Association of Colleges and Schools has approved the curriculum content of the after-school program operated under the contract; (8) an educational facility that operates solely for educational purposes in grades kindergarten through at least grade two, that does not provide custodial care for more than one hour during the hours before or after the customary school day, and that is a member of an organization that promulgates, publishes, and requires compliance with health, safety, fire, and sanitation standards equal to standards required by state, municipal, and county codes; (9) a kindergarten or preschool educational program that is operated as part of a public school or a private school accredited by the Texas Education Agency, that offers educational programs through grade six, and that does not provide custodial care during the hours before or after the customary school day; (10) a family home, whether registered or listed; (11) an educational facility that is integral to and inseparable from its sponsoring religious organization or an educational facility both of which do not provide custodial care for more than two hours maximum per day, and that offers educational programs for children age five and above in one or more of the following: kindergarten through at least grade three, elementary, or secondary grades; (12) an emergency shelter facility providing shelter to minor mothers who are the sole support of their natural children under Section 32.201, Family Code, unless the facility would otherwise require a license as a child-care facility under this section; (13) a juvenile detention facility certified under Section 51.12, Family Code, or Section 141.042 (d) , a juvenile facility providing services solely for the Texas Youth Commission, or any other correctional facility for children operated or regulated by another state agency or by a political subdivision of the state; (14) an elementary-age (ages 5-13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a child-care facility; or (15) an annual youth camp held in a municipality with a population of more than 1.5 million that operates for not more than three months and that has been operated for at least 10 years by a nonprofit organization that provides care for the homeless. (c) A single license that lists addresses and the appropriate facilities may be issued to a child-care institution that operates noncontiguous facilities that are nearby and that are demonstrably a single operation as indicated by patterns of staffing, finance, administrative supervision, and programs. (d) A facility exempt from the provisions of Subsection (a) of this section that desires to receive or participate in federal or state funding shall be required to comply with all other provisions of this chapter and with all regulations promulgated under this chapter. (e) The exemptions provided by Subsection (b) of this section do not affect the authority of local, regional, or state health department officials, the state fire marshal, or local fire prevention officials to inspect child-care facilities. Acts 1979, 66th Leg. , p. 2361, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg. , p. 2812, ch. 759, § 2, 3, eff. Aug. 31, 1981; Acts 1987, 70th Leg. , ch. 1052, § 4 .03, eff. Sept. 1, 1987; Acts 1987, 70th Leg. , ch. 1115, § 2, eff. June 19, 1987; Acts 1995, 74th Leg. , ch. 262, § 54, eff. Jan. 1, 1996; Acts 1995, 74th Leg. , ch. 847, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 165, § 7.46, eff. Sept. 1, 1997; ; Acts 1997, 75th Leg. , ch. 664, § 3, 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 3, eff. Sept. 1, 2001. § 42.042 . RULES AND STANDARDS. (a) The department shall make rules to carry out the provisions of this chapter. (b) The department shall conduct a comprehensive review of all rules and standards at least every six years. For purposes of this subsection, the six-year period begins on the latest of the date of: (1) the conclusion of the review of the rules and standards; (2) a decision by the department not to revise the rules and standards; (3) a decision by the board not to revise the rules and standards; or (4) board action adopting new standards. (c) The department shall provide a standard procedure for receiving and recording complaints. (d) The department shall provide standard forms for applications and inspection reports. (e) The department shall promulgate minimum standards that apply to licensed child-care facilities and to registered family homes covered by this chapter and that will: (1) promote the health, safety, and welfare of children attending a facility or registered family home; (2) promote safe, comfortable, and healthy physical facilities and registered family homes for children; (3) ensure adequate supervision of children by capable, qualified, and healthy personnel; (4) ensure adequate and healthy food service where food service is offered; (5) prohibit racial discrimination by child-care facilities and registered family homes; (6) require procedures for parental and guardian consultation in the formulation of children's educational and therapeutic programs; and (7) prevent the breakdown of foster care and adoptive placement. (f) In promulgating minimum standards for the provision of child-care services, the department shall recognize the various categories of services, including services for specialized care, the various categories of children and their particular needs, and the differences in the organization and operation of child-care facilities and institutions. Standards for child-care institutions must require an intake study before a child is placed in an institution. The intake study may be conducted at a community mental health and mental retardation center. (g) In promulgating minimum standards the department may recognize and treat differently the types of services provided by the following: (1) registered family homes; (2) child-care facilities, including child-care institutions, foster group homes, foster homes, group day-care homes, and day-care centers; (3) child-placing agencies; (4) agency foster homes; and (5) agency foster group homes. (h) The department shall promulgate minimum standards for child-placing agencies. (i) Before adopting minimum standards, the department shall present the proposed standards to the State Advisory Committee on Child-Care Facilities for review and comment, and shall send a copy of the proposed standards to each licensee covered by the proposed standards at least 60 days before the standards take effect to provide the licensee an opportunity to review and to send written suggestions to the committee and the department. (j) The department may waive compliance with a minimum standard in a specific instance if it determines that the economic impact of compliance is sufficiently great to make compliance impractical. (k) The department may not regulate or attempt to regulate or control the content or method of any instruction or curriculum of a school sponsored by a religious organization. (1) In promulgating minimum standards for the regulation of family homes that register with the department, the department must address the minimum qualifications, education, and training required of a person who operates a family home registered with the department. (m) In determining minimum standards relating to staff-to-child ratios, group sizes, or square footage requirements applicable to nonresidential child-care facilities that provide care for less than 24 hours a day, the department shall, within available appropriations, conduct a comprehensive cost-benefit analysis and economic impact study that includes families and licensed child-care providers. (n) Not later than the 60th day before the date the board adopts a revision to the minimum standards for child-care facilities, the department shall present the revision to the appropriate legislative oversight committees that have jurisdiction over child-care facilities for review and comment. (p) The department by rule shall prescribe minimum training standards for an employee of a regulated child-care facility, including the time required for completing the training. The department may not require an employee to repeat required training if the employee has completed the training within the time prescribed by department rule. The department's local offices shall make available at the local office locations a copy of the rules regarding minimum training standards, information enabling the owner or operator of a regulated facility to apply for training funds from other agencies to lower facility costs, and any other materials the department may develop to assist the owner or operator or other entity in providing the training. Acts 1979, 66th Leg. , p. 2362, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg. , ch. 1052, § 4.04, eff. Sept. 1, 1987; Acts 1995, 74th Leg. , ch. 920, § 10, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1022, § 24, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1121, § 1, eff. June 19, 1997; Acts 1997, 75th Leg. , ch. 1217, § 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg. , ch. 1129, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg. , ch. 218, § 4, eff. Sept. 1, 2001. § 42.0421. MINIMUM TRAINING STANDARDS. (a) The minimum training standards prescribed by the department under Section 42.042 (p) for an employee of a day-care center or group day-care home must include: (1) eight hours of initial training for an employee of a day-care center who has no previous training or employment experience in a regulated child-care facility, to be completed before the employee is given responsibility for a group of children; (2) 15 hours of annual training for each employee of a day-care center or group day-care home, excluding the director, which must include at least six hours of training in one or more of the following areas: (A) child growth and development; (B) guidance and discipline; (C) age-appropriate curriculum; and (D) teacher-child interaction; and (3) 20 hours of annual training for each director of a day-care center or group day-care home, which must include at least six hours of training in one or more of the following areas: (A) child growth and development; (B) guidance and discipline; (C) age-appropriate curriculum; and (D) teacher-child interaction. (b) The minimum training standards prescribed by the department under Section 42 .042 (p) must require an employee of a licensed day-care center or group day-care home who provides care for children younger than 24 months of age to receive special training regarding the care of those children. The special training must be included as a component of the initial training required by Subsection (a) (1) and as a one-hour component of the annual training required by Subsections (a) (2) and (a) (3) . The special training must include information on: (1) recognizing and preventing shaken baby syndrome; (2) preventing sudden infant death syndrome; and (3) understanding early childhood brain development. (c) The department by rule shall require an operator of a registered family home who provides care for a child younger than 24 months of age to complete one hour of annual training on: (1) recognizing and preventing shaken baby syndrome; (2) preventing sudden infant death syndrome; and (3) understanding early childhood brain development. (d) Section 42 .042 (m) does not apply to the minimum training standards required by this section. Added by Acts 1999, 76th Leg. , ch. 1211, § 1, eff. Jan. 1, 2000. Amended by Acts 2001, 77th Leg. , ch. 169, § 1, eff. Sept. 1, 2001. § 42 .0425. ASSESSMENT SERVICES. (a) The department by rule shall regulate assessment services provided by child-care facilities or child-placing agencies. A child-care facility or child-placing agency may not provide assessment services unless specifically authorized by the department. (b) The department by rule shall establish minimum standards for assessment services. The standards must provide that consideration is given to the individual needs of a child, the appropriate place for provision of services, and the factors listed in Section 42.042 (e) . (c) In this section, "assessment services" means the determination of the placement needs of a child who requires substitute care. Added by Acts 1997, 75th Leg. , ch. 1022, § 25, eff. Sept. 1, 1997. § 42 .0426. TRAINING OF PERSONNEL. A licensed facility shall provide training for staff members in: (1) the recognition of symptoms of child abuse, neglect, and sexual molestation and the responsibility and procedure of reporting suspected occurrences of child abuse, neglect, and sexual molestation to the department or other appropriate entity; (2) the application of first aid; and (3) the prevention and spread of communicable diseases. Added by Acts 1997, 75th Leg. , ch. 1022, § 25, eff. Sept. 1, 1997. § 42 .0427. PARENTAL VISITATION. All areas of a licensed facility must be accessible to a parent of a child who is receiving care at the facility if the parent visits the child during the facility's hours of operation. Added by Acts 1997, 75th Leg. , ch. 1022, § 25, eff. Sept. 1, 1997. § 42 .043. RULES FOR IMMUNIZATIONS. (a) The department shall make rules for the immunization of children in facilities regulated under this chapter. (b) The department shall require that each child at an appropriate age have a test for tuberculosis and be immunized against diphtheria, tetanus, poliomyelitis, mumps, rubella, and rubeola and against any other communicable disease as recommended by the Texas Department of Health. The immunization must be effective on the date of first entry into the facility. However, a child may be provisionally admitted if the required immunizations have begun and are completed as rapidly as medically feasible. (c) The Texas Department of Health shall make rules for the provisional admission of children to facilities regulated under this chapter and may modify or delete any of the immunizations listed in Subsection (b) of this section or require additional immunizations as a requirement for admission to a facility. (d) No immunization may be required for admission to a facility regulated under this chapter if a person applying for a child's admission submits one of the following affidavits: (1) an affidavit signed by a licensed physician stating that the immunization poses a significant risk to the health and well-being of the child or a member of the child's family or household; or (2) an affidavit signed by the child's parent or guardian stating that the applicant declines immunization for reasons of conscience, including a religious belief. (d-1) An affidavit submitted under Section (d) (2) must be on a form described by Section 161.0041, Health and Safety Code, and must be submitted not later than the 90th day after the date the affidavit is notarized. (e) Each regulated facility shall keep an individual immunization record for each child admitted, and the records shall be open for inspection by the department at all reasonable times. (f) The Texas Department of Health shall provide the immunizations required by this section to children in areas where there is no local provision of these services. Acts 1979, 66th Leg. , p. 2362, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1993, 73rd Leg. , ch. 43, § 5, eff. Sept. 1, 1993; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 2003, 78th Leg. , ch. 198, § 2.164, eff. Sept. 1, 2003 . § 42.0431. ENFORCEMENT OF SCREENING REQUIREMENTS RELATING TO VISION, HEARING, AND OTHER SPECIAL SENSES AND COMMUNICATION DISORDERS. (a) The department, after consultation with the Texas Department of Health, shall adopt rules necessary to ensure that children receiving care at a day-care center or group day-care home licensed under this chapter are screened for vision, hearing, and any other special senses or communication disorders in compliance with rules adopted by the Texas Board of Health under Section 36.004, Health and Safety Code. (b) Each day-care center or group day-care home licensed under this chapter shall maintain individual screening records for children attending the facility who are required to be screened, and the department may inspect those records at any reasonable time. The department shall coordinate the monitoring inspections in compliance with protocol agreements adopted between the department and the Texas Department of Health pursuant to Section 42.0442 . (c) This section does not apply to a day-care center or group day-care home operating under a certificate issued by the department under Subchapter E. Added by Acts 1999, 76th Leg. , ch. 712, § 1, eff. June 18, 1999. § 42.044 . INSPECTIONS. (a) An authorized representative of the department may visit a facility regulated under this chapter or a registered family home during operating hours to investigate, inspect, and evaluate. (b) The department shall inspect all licensed or certified facilities at least once a year and may inspect other facilities or registered family homes as necessary. The department shall investigate a listed family home when the department receives a complaint of abuse or neglect of a child, as defined by Section 261.001, Family Code. At least one of the annual visits must be unannounced and all may be unannounced. (c) The department must investigate a facility regulated under this chapter or a registered family home when a complaint is received. The representative of the department must notify the operator of a registered family home or the director or authorized representative of a regulated facility when a complaint is being investigated and report in writing the results of the investigation to the family home's operator or to the regulated facility's director or the director's authorized representative. (d) The department may call on political subdivisions and governmental agencies for assistance within their authorized fields. Acts 1979, 66th Leg. , p. 2363, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1022, § 27, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 4, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 5, eff. Sept. 1, 2001. § 42.0441. INSPECTION RESULTS. Immediately after completing a monitoring inspection of a licensed day-care center, licensed group day-care home, or registered family home under Section 42.044, the authorized representative of the department shall review the results of the monitoring inspection with a representative of the facility and give the facility an opportunity to respond to the inspection results. Added by Acts 1997, 75th Leg. , ch. 253, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1022, § 28, eff. Sept. 1, 1997. § 42 .0442. COORDINATION OF INSPECTIONS; ELIMINATION OF DUPLICATIVE INSPECTIONS. (a) The department shall coordinate monitoring inspections of licensed day-care centers, licensed group day-care homes, and registered family homes performed by another state agency to eliminate redundant inspections. (b) The department shall form an interagency task force with the Texas Department of Health, the Texas Department of Human Services, and the Texas Workforce Commission to develop an inspection protocol that will coordinate inspections by those agencies. The protocol must assign the required items for inspection by each agency and facilitate the sharing of inspection data and compliance history. (c) The interagency task force shall establish an inspection checklist based on the inspection protocol developed under Subsection (b) . Each state agency that inspects a facility listed in Subsection (a) shall use the inspection checklist in performing an inspection. A state agency shall make a copy of the completed inspection checklist available to the facility at the facility's request to assist the facility in maintaining records. (d) The department shall provide to facilities listed in Subsection (a) information regarding inspections, including who may inspect a facility and the purpose of each type of inspection. Added by Acts 1997, 75th Leg. , ch. 253, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1022, § 28, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg. , ch. 169, § 2, eff. Sept. 1, 2001. § 42.0443. INSPECTION INFORMATION DATABASE. Text of section as added by Acts 1997, 75th Leg. , ch. 253, § 1 (a) If feasible using available information systems, the department shall establish a computerized database containing relevant inspection information on licensed day-care centers, licensed group day-care homes, and registered family homes from other state agencies and political subdivisions of the state. (b) The department shall make the data collected by the department available to another state agency or political subdivision of the state for the purpose of administering programs or enforcing laws within the jurisdiction of that agency or subdivision. If feasible using available information systems, the department shall make the data directly available to the Texas Department of Health, the Texas Department of Human Services, and the Texas Workforce Commission through electronic information systems. The department, the Texas Department of Health, the Texas Department of Human Services, and the Texas Workforce Commission shall jointly plan the development of child-care inspection databases that, to the extent feasible, are similar in their design and architecture to promote the sharing of data. (c) The department may provide inspection data on licensed day-care centers, licensed group day-care homes, or registered family homes to the public if the department determines that providing inspection data enhances consumer choice with respect to those facilities. Added by Acts 1997, 75th Leg. , ch. 253, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1022, § 28, eff. Sept. 1, 1997. For text of section as added by Acts 2003, 78th Leg. , ch. 709, § 1, see § 42.0443, post. § 42 .0443. COORDINATION OF FIRE SAFETY AND SANITATION INSPECTIONS. Text of section as added by Acts 2003, 78th Leg. , ch. 709, § 1. (a) The department may not inspect a licensed day-care center, licensed group day-care home, or registered family home for compliance with the department's fire safety or sanitation standards if the facility, at the time of the department's inspection, provides the department with documentation relating to a current fire safety or sanitation inspection, as applicable, performed by a political subdivision of this state that indicates that the facility is in compliance with the applicable standards of the political subdivision. (b) If the documentation provided under Subsection (a) indicates that the facility was required to take corrective action or that the political subdivision imposed a restriction or condition on the facility, the department shall determine whether the facility took the required corrective action or complied with the restriction or condition. (c) The department may inspect a facility subject to this section for compliance with the department's fire safety or sanitation standards if: (1) the facility does not provide the documentation described by Subsection (a) ; or (2) the department determines that the facility did not take a corrective action or comply with a restriction or condition described by Subsection (b) . (d) Notwithstanding any other provision of this section, the department shall report to the appropriate political subdivision any violation of fire safety or sanitation standards observed by the department at a facility subject to this section. (e) The department shall adopt rules necessary to implement this section. Added by Acts 2003, 78th Leg. , ch. 709, § 1, eff. Sept. 1, 2003 . For text of section as added by Acts 1997, 75th Leg. , ch. 253, § 1, see § 42.0443, ante. § 42 .0445. REQUIRED BACKGROUND SEARCH OF CENTRAL REGISTRY OF REPORTED CASES OF CHILD ABUSE OR NEGLECT. (a) Before the department issues or renews a license, registration, or certification under this subchapter, the department shall search the central registry of reported cases of child abuse or neglect established under Section 261.002, Family Code, to determine whether the applicant or the owner or an employee of the facility or family home is listed in the registry as a person who abused or neglected a child. (b) The department may adopt rules to implement this section. Added by Acts 1997, 75th Leg. , ch. 1022, § 29, eff. Sept. 1, 1997. § 42.045. RECORDS. (a) A person who operates a licensed or certified facility shall maintain individual child development records, individual health records, statistical records, and complete financial records. (b) A person who provides adoption services under a license to operate a child-placing agency shall furnish information required by the department to determine whether adoption related income and disbursements are reasonable, appropriate, and in compliance with the department's minimum standards. (c) If a child-placing agency terminates operation as a child-placing agency, it shall, after giving notice to the department, transfer its files and records concerning adopted children, their biological families, and their adoptive families to the Bureau of Vital Statistics or, after giving notice to the Bureau of Vital Statistics, to a facility licensed by the department to place children for adoption. Acts 1979, 66th Leg. , p. 2363, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg. , p. 1782, ch. 342, § 2, eff. Jan. 1, 1984; Acts 1989, 71st Leg. , ch. 707, § 1, eff. Sept. 1, 1989; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg. , ch. 1129, § 2, eff. Sept. 1, 1999. § 42.046. APPLICATION FOR LICENSE, LISTING, OR REGISTRATION. (a) An applicant for a license to operate a child-care facility or child-placing agency or for a listing or registration to operate a family home shall submit to the department the appropriate fee prescribed by Section 42.054 and a completed application on a form provided by the department. (b) The department shall supply the applicant the application form and a copy of the appropriate minimum standards, if applicable. (c) After receiving an application, the department shall investigate the applicant and the plan of care for children, if applicable. (d) The department shall complete the investigation and decide on an application within two months after the date the department receives a completed application. Acts 1979, 66th Leg. , p. 2363, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1985, 69th Leg. , ch. 212, § 1, eff. Sept. 1, 1985; Acts 1985, 69th Leg. , ch. 239, § 4, eff. Sept. 1, 1985; Acts 1997, 75th Leg. , ch. 1022, § 30, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 5, eff. Sept. 1, 1997. § 42.0461. PUBLIC NOTICE AND HEARING IN CERTAIN COUNTIES: RESIDENTIAL CHILD CARE. (a) Before the department may issue a license, other than a renewal license, or certificate to operate under Subchapter E for the operation or the expansion of the capacity of a foster group home or foster family home that is located in a county with a population of less than 300, 000 and that provides child care for 24 hours a day at a location other than the actual residence of a child's primary caretaker or of a child care institution, the applicant for the license, certificate, or expansion shall, at the applicant's expense: (1) conduct a public hearing on the application in accordance with department rules after notifying the department of the date, time, and location of the hearing; and (2) publish notice of the application in a newspaper of general circulation in the community in which the child-care services are proposed to be provided. (b) The notice required by Subsection (a) (2) must be published at least 10 days before the date of the public hearing required by Subsection (a) (1) and must include: (1) the name and address of the applicant; (2) the address at which the child-care services are proposed to be provided; (3) the date, time, and location of the public hearing; (4) the name, address, and telephone number of the department as the licensing authority; and (5) a statement informing the public that a person may submit written comments to the department concerning the application instead of or in addition to appearing at the public hearing. (c) The department shall require a representative of the department to attend the public hearing in an official capacity for the purpose of receiving public comments on the application. (d) Before issuing a license or certificate described by Subsection (a) , the department shall consider: (1) the amount of local resources available to support children proposed to be served by the applicant; (2) the impact of the proposed child-care services on the ratio in the local school district of students enrolled in a special education program to students enrolled in a regular education program and the effect, if any, on the children proposed to be served by the applicant; and (3) the impact of the proposed child-care services on the community and the effect on opportunities for social interaction for the children proposed to be served by the applicant. (e) The department may deny the application if the department determines that: (1) the community has insufficient resources to support children proposed to be served by the applicant; (2) granting the application would significantly increase the ratio in the local school district of students enrolled in a special education program to students enrolled in a regular education program and the increase would adversely affect the children proposed to be served by the applicant; or (3) granting the application would have a significant adverse impact on the community and would limit opportunities for social interaction for the children proposed to be served by the applicant. (f) A child-placing agency that proposes to verify an agency home or agency group home that is located in a county with a population of less than 300,000 that provides child care for 24 hours a day at a location other than the actual residence of a child's primary caretaker shall: (1) comply with the notice and hearing requirements imposed by Subsections (a) and (b) ; and (2) after conducting the required public hearing, provide the department with information relating to the considerations specified in Subsection (d) . (g) The department may prohibit the child-placing agency from verifying the proposed agency home or agency group home on the same grounds that the department may deny an application under Subsection (e) . Added by Acts 1997, 75th Leg. , ch. 1022, § 31, eff. Sept. 1, 1997. § 42 .047. CONSULTATIONS. (a) The department shall offer consultation to potential applicants, applicants, and license, listing, registration, and certification holders about meeting and maintaining standards for licensing, listing, registration, and certification and achieving programs of excellence in child care. (b) The department shall offer consultation to prospective and actual users of facilities or homes. Acts 1979, 66th Leg. , p. 2364, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 6, eff. Sept. 1, 1997. § 42 .048. LICENSING. (a) The department shall issue a license after determining that an applicant has satisfied all requirements. (b) When issuing a license, the department may impose restrictions on a facility, including but not limited to the number of children to be served and the type of children to be served. (c) The department may grant a variance of an individual standard set forth in the applicable standards for good and just cause. (d) A license holder must display a license issued under this chapter in a prominent place at the facility. (e) A license issued under this chapter is not transferable and applies only to the operator and facility location stated in the license application. A change in location or ownership automatically revokes a license. (f) A license must be issued if the department determines that a facility meets all requirements. The evaluation shall be based on one or more visits to the facility and a review of required forms and records. A license is valid until revoked or surrendered. Acts 1979, 66th Leg. , p. 2364, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg. , ch. 1081, § 1, eff. Sept. 1, 1987. Renumbered from V.T.C.A. , Human Resources Code § 42 .049 and amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997. § 42 .049. LIABILITY INSURANCE REQUIRED. (a) A license holder shall maintain liability insurance coverage in the amount of $300, 000 for each occurrence of negligence. An insurance policy or contract required under this section must cover injury to a child that occurs while the child is on the premises of the license holder or in the care of the license holder. (b) A license holder shall file with the department a certificate or other evidence from an insurance company showing that the license holder has an unexpired and uncancelled insurance policy or contract that meets the requirements of this section. (c) Should the license holder for financial reasons or for lack of availability of an underwriter willing to issue a policy be unable to secure the insurance required under Subsection (a) or should the policy limits be exhausted, the license holder shall notify the parent or a person standing in parental relationship to each child for whom the license holder provides care a written notice that the liability coverage is not provided and there will not be a ground for suspension or revocation of the license holder's license under this chapter. The license holder shall also notify the department that the coverage is not provided and provide the reason for same. In no case shall the inability to secure coverage serve to indemnify the license holder for damages due to negligence. (d) The insurance policy or contract shall be maintained at all times in an amount as required by this section. Failure by a license holder to renew the policy or contract or to maintain the policy or contract in the required amount is a ground for suspension or revocation of the license holder's license under this chapter. (e) This section does not apply to a group day-care home or a listed or registered family home. Added by Acts 1993, 73rd Leg. , ch. 1002, § 1, eff. Sept. 1, 1993 . Amended by Acts 1997, 75th Leg. , ch. 1217, § 7, eff. Sept. 1, 1997. Renumbered from V.T.C.A. , Human Resources § 42.0491 and amended by Acts 1997 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997. § 42.050. LICENSE RENEWAL. (a) A license holder may apply for a new license in compliance with the requirements of this chapter and the rules promulgated by the department. (b) The application for a new license must be completed and decided on by the department before the expiration of the license under which a facility is operating. (c) The department shall evaluate the application for a new license to determine if all licensing requirements are met. The evaluation may include a specified number of visits to the facility and must include a review of all required forms and records. Amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997. § 42.0505. RENEWAL OF LICENSE. (a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required annual fee to the department before the expiration date of the license. A person whose license has expired may not engage in activities that require a license until the license has been renewed under the provisions of this section. (b) If the person's license has been expired for 90 days or less, the person may renew the license by paying to the department 1-1/2 times the required annual fee. (c) If the person's license has been expired for longer than 90 days but less than one year, the person may renew the license by paying to the department two times the required annual fee. (d) If the person's license has been expired for one year or longer, the person may not renew the license. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. (e) At least 30 days before the expiration of a person's license, the department shall send written notice of the impending license expiration to the person at the license holder's last known address according to the records of the department. Added by Acts 1997, 75th Leg. , ch. 1022, § 26, eff. Sept. 1, 1997. § 42 .051. PROVISIONAL LICENSE. (a) The department shall issue a provisional license when a facility's plans meet the department's licensing requirements and one of the following situations exists: (1) the facility is not currently operating; (2) the facility has relocated and has made changes in the type of child-care service it provides; or (3) there is a change in ownership of the facility resulting in changes in policy and procedure or in the staff who have direct contact with the children. (b) A provisional license is valid for six months from the date it is issued and may be renewed for an additional six months. Acts 1979, 66th Leg. , p. 2365, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1989, 71st Leg. , ch. 707, § 2, eff. Sept. 1, 1989; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997. § 42 .052 . CERTIFICATION, LISTING, AND REGISTRATION. (a) A state-operated child-care facility or child-placing agency must receive certification of approval from the department. The certification of approval remains valid until revoked or surrendered. (b) To be certified, a facility must comply with the department's rules and standards and any provisions of this chapter that apply to a licensed facility of the same category. The operator of a certified facility must display the certification in a prominent place at the facility. (c) A family home that provides care for compensation for three or fewer children, excluding children who are related to the caretaker, shall list with the department if the home provides regular care in the caretaker's own residence. The home may register with the department. (d) A family home that provides care for four or more children, excluding children who are related to the caretaker, shall register with the department. A family home that provides care exclusively for any number of children who are related to the caretaker is not required to be listed or registered with the department. (e) A registration or listing remains valid until revoked or surrendered. The operator of a registered home must display the registration in a prominent place at the home. (f) To remain listed or registered with the department, a family home must comply with the department's rules and standards, if applicable, and any provision of this chapter that applies to a listed or registered family home. (g) The certification requirements of this section do not apply to a Texas Youth Commission facility, a Texas Juvenile Probation Commission facility, or a facility providing services solely for the Texas Youth Commission. (h) The certification requirements of this section do not apply to a juvenile detention facility certified under Section 51.12, Family Code, or Section 141.042 (d) . (i) The department shall provide to a listed family home a copy of the listing. A listing must contain a provision that states: "THIS HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES. IT HAS NOT BEEN INSPECTED AND WILL NOT BE INSPECTED. " The operator of a listed home is not required to display the listing in a prominent place at the home but shall make the listing available for examination. The department by rule shall provide for a sufficient period to allow operators of family homes to comply with the listing requirement of this section. (j) The operator of a listed family home shall undergo initial and subsequent background and criminal history checks required under Section 42.056. (k) The department shall issue a listing or registration to a family home, as appropriate, in both English and Spanish when the most recent federal census shows that more than one-half of the population in a municipality or in a commissioners precinct in a county in which the family home is located is of Hispanic origin or Spanish-speaking. Acts 1979, 66th Leg. , p. 2365, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg. , p. 2813, ch. 759, § 4, eff. Aug. 31, 1981; Acts 1985, 69th Leg. , ch. 212, § 2, eff. Sept. 1, 1985; Acts 1985, 69th Leg. , ch. 915, § 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg. , ch. 1052, § 4.06, eff. Sept. 1, 1987; Acts 1989, 71st Leg. , ch. 707, § 3, eff. Sept. 1, 1989; Acts 1995, 74th Leg. , ch. 76, § 8.023, eff. Sept. 1, 1995; Acts 1995, 74th Leg. , ch. 262, § 55, eff. Jan. 1, 1996; Acts 1997, 75th Leg. , ch. 1022, § 32, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 8, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 6 to 8, eff. Sept. 1, 2001. § 42.0521. DEPOSIT OF FEES. The fees authorized by this chapter and received by the department shall be deposited in the general revenue fund. Added by Acts 1985, 69th Leg. , ch. 239, § 5, eff. Sept. 1, 1985. § 42.0522. PUBLIC ADVERTISING OF FAMILY HOMES. (a) A family home may not place a public advertisement that uses the title "registered family home" or any variation of that phrase unless the home is registered under this chapter. Any public advertisement for a registered family home that uses the title "registered family home" must contain a provision in bold type stating: "THIS HOME IS REGISTERED WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES BUT IS NOT LICENSED OR REGULARLY INSPECTED. " (b) A family home may not place a public advertisement that uses the title "listed family home" or any variation of that phrase unless the home is listed as provided by this chapter. Any public advertisement for a listed family home that uses the title "listed family home" must contain a provision in bold type stating: "THIS HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES. IT HAS NOT BEEN INSPECTED AND WILL NOT BE INSPECTED. " Added by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 9, eff. Sept. 1, 1997. § 42.053. AGENCY FOSTER HOMES AND AGENCY FOSTER GROUP HOMES. (a) An agency foster home or agency foster group home is considered part of the child-placing agency that operates the agency foster home or agency foster group home for purposes of licensing. (b) The operator of a licensed agency shall display a copy of the license in a prominent place in the agency foster home or agency foster group home used by the agency. (c) An agency foster home or agency foster group home shall comply with all provisions of this chapter and all department rules and standards that apply to a child-care facility caring for a similar number of children for a similar number of hours each day. (d) The department shall revoke or suspend the license of a child-placing agency if an agency foster home or agency foster group home operated by the licensed agency fails to comply with Subsection (c) of this section. Acts 1979, 66th Leg. , p. 2365, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg. , ch. 1052, § 4.07, eff. Sept. 1, 1987; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997. § 42.0535. REQUIRED INFORMATION FOR VERIFICATION. (a) A child-placing agency that seeks to verify an agency home or an agency group home shall request background information about the agency home or group home from a child-placing agency that has previously verified that agency home or agency group home. (b) Notwithstanding Section 261.201, Family Code, a child-placing agency that has verified an agency home or an agency group home is required to release to another child-placing agency background information requested under Subsection (a) . (c) A child-placing agency that releases background information under this section is immune from civil and criminal liability for the release of the information. (d) For purposes of this section, background information means the home study under which the agency home or agency group home was verified by the previous child-placing agency and any record of noncompliance with state minimum standards received and the resolution of any such noncompliance by the previous child-placing agency. Added by Acts 1997, 75th Leg. , ch. 575, § 36 (a) , eff. Sept. 1, 1997. § 42.054 . FEES. (a) The department shall charge an applicant a nonrefundable application fee of $35 for an initial license to operate a child-care facility or a child-placing agency. (b) The department shall charge each child-care facility a fee of $35 for a provisional license. The department shall charge each child-placing agency a fee of $50 for a provisional license. (c) The department shall charge each licensed child-care facility an annual license fee in the amount of $35 plus $1 for each child the child-care facility is permitted to serve. The fee is due on the date on which the department issues the child-care facility's initial license and on the anniversary of that date. (d) The department shall charge each licensed child-placing agency an annual license fee of $100. The fee is due on the date on which the department issues the child-placing agency's initial license and on the anniversary of that date. (e) The department shall charge each family home that is listed or registered with the department an annual fee to cover a part of the department's cost in regulating family homes. The amount of the fee is $20 for a listed home or $35 for a registered home. The fee is due on the date on which the department initially lists or registers the home and on the anniversary of that date. (f) If a facility, agency, or home fails to pay the annual fee when due, the license, listing, or registration, as appropriate, is suspended until the fee is paid. (g) The provisions of Subsections (b) through (f) of this section do not apply to: (1) licensed foster homes and licensed foster group homes; (2) nonprofit facilities regulated under this chapter that provided 24-hour care for children in the managing conservatorship of the department during the 12-month period immediately preceding the anniversary date of the facility's license; or (3) facilities operated by a nonprofit corporation or foundation that provides 24-hour residential care and does not charge for the care provided. Amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 10, 11, eff. Sept. 1, 1997. § 42.055. SIGN POSTING. (a) Each child-care facility shall post in a location that is conspicuous to all employees and customers a sign that includes: (1) a description of the provisions of the Family Code relating to the duty to report child abuse or neglect; (2) a description of the penalties for violating the reporting provisions of the Family Code; and (3) a brief description of sudden infant death syndrome, shaken-baby syndrome, and childhood diabetes and methods for preventing those phenomena. (b) The department by rule shall determine the design, size, and wording of the sign. (c) The department shall provide the sign to each child-care facility without charge. (d) A person who operates a child-care facility commits an offense if the department provides a sign to the facility as provided by this section and the person intentionally fails to display the sign in the facility as prescribed by this section. An offense under this subsection is a Class C misdemeanor. Added by Acts 1989, 71st Leg. , 1st C.S. , ch. 20, § 1, eff. Nov. 1, 1989. Amended by Acts 1997, 75th Leg. , ch. 165, § 7.47, eff. Sept. 1, 1997. Renumbered from V.T.C.A. , Human Resources Code § 42 .056 and amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg. , ch. 221, § 1, eff. Sept. 1, 2001. § 42.056. REQUIRED BACKGROUND AND CRIMINAL HISTORY CHECKS. (a) In accordance with rules adopted by the department, the director, owner, or operator of a child-care facility or family home shall, when applying to operate a child-care facility or when listing or registering a family home and at least once during each 24 months after receiving a license, listing, registration, or certification of approval, submit to the department for use in conducting background and criminal history checks: (1) the name of the director, owner, and operator of the facility or home, and the name of each person employed at the facility or home; and (2) the name of each person 14 years of age or older who will regularly or frequently be staying or working at the facility or home while children are being provided care. (b) The department shall conduct background and criminal history checks using: (1) the information provided under Subsection (a) ; (2) the information made available by the Department of Public Safety under Section 411.114, Government Code, or by the Federal Bureau of Investigation or other criminal justice agency under Section 411.087, Government Code; and (3) the department's records of reported abuse and neglect. (c) The department by rule shall require a child-care facility or registered family home to pay to the department a fee in an amount not to exceed the administrative costs the department incurs in conducting a background and criminal history check under this section. Amended by Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997. § 42 .058. COMPETITIVE BIDDING OR ADVERTISING RULES. (a) The board may not adopt rules restricting competitive bidding or advertising by a license holder or registration holder except to prohibit false, misleading, or deceptive practices or to prevent a violation of this chapter. (b) In its rules to prohibit false, misleading, or deceptive practices, the board may not include a rule that: (1) restricts the use of any medium for advertising; (2) restricts the use of a license holder's or registration holder's personal appearance or voice in an advertisement; (3) relates to the size or duration of an advertisement by the license holder or registration holder; or (4) restricts the license holder's or registration holder' s advertisement under a trade name. Added by Acts 1997, 75th Leg. , ch. 1022, § 33, eff. Sept. 1, 1997. § 42.059. REQUIRED AFFIDAVIT FOR APPLICANTS FOR EMPLOYMENT WITH FACILITY OR REGISTERED FAMILY HOME. (a) An applicant for temporary or permanent employment with a licensed facility or registered family home whose employment or potential employment with the facility or home involves direct interactions with or the opportunity to interact and associate with children must execute and submit the following affidavit with the application for employment: STATE OF COUNTY OF I swear or affirm under penalty of perjury that I do not now and I have not at any time, either as an adult or as a juvenile: 1. Been convicted of; 2 . Pleaded guilty to (whether or not resulting in a conviction) ; 3. Pleaded nolo contendere or no contest to; 4 . Admitted; 5. Had any judgment or order rendered against me (whether by default or otherwise) ; 6. Entered into any settlement of an action or claim of; 7. Had any license, certification, employment, or volunteer position suspended, revoked, terminated, or adversely affected because of; 8. Resigned under threat of termination of employment or volunteerism for; 9. Had a report of child abuse or neglect made and substantiated against me for; or 10. Have any pending criminal charges against me in this or any other jurisdiction for; Any conduct, matter, or thing (irrespective of formal name thereof) constituting or involving (whether under criminal or civil law of any jurisdiction) : 1. Any felony; 2. Rape or other sexual assault; 3 . Physical, sexual, emotional abuse and/or neglect of a minor; 4 . Incest; 5. Exploitation, including sexual, of a minor; 6. Sexual misconduct with a minor; 7. Molestation of a child; 8. Lewdness or indecent exposure; 9. Lewd and lascivious behavior; 10. Obscene or pornographic literature, photographs, or videos; 11. Assault, battery, or any violent offense involving a minor; 12. Endangerment of a child; 13. Any misdemeanor or other offense classification involving a minor or to which a minor was a witness; 14. Unfitness as a parent or custodian; 15. Removing children from a state or concealing children in violation of a court order; 16. Restrictions or limitations on contact or visitation with children or minors resulting from a court order protecting a child or minor from abuse, neglect, or exploitation; or 17. Any type of child abduction. Except the following (list all incidents, location, description, and date) (if none, write NONE) Signed Date . Subscribed and sworn to (or affirmed) before me this day of , Signature of notarial officer (seal, if any, of notarial officer) My commission expires: (b) The failure or refusal of the applicant to sign or provide the affidavit constitutes good cause for refusal to hire the applicant. Added by Acts 1997, 75th Leg. , ch. 1022, § 33, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg. , ch. 1129, § 3, eff. Sept. 1, 1999. § 42.060. CARBON MONOXIDE DETECTORS. (a) In this section, "carbon monoxide detector" means a device that detects and sounds an alarm to indicate the presence of a harmful level of carbon monoxide gas. (b) Except as provided by Subsection (d) , each day-care center, group day-care home, and family home must be equipped with carbon monoxide detectors in accordance with department rules. (c) The department by rule shall prescribe requirements regarding the placement, installation, and number of carbon monoxide detectors and maintenance procedures for those detectors. (d) A day-care center is exempt from the carbon monoxide detector requirements prescribed by this section if the day-care center is located in a school facility that is subject to the school facility standards adopted by the commissioner of education under Section 46.008, Education Code, or similar safety standards adopted by the board of a local school district. Added by Acts 2003, 78th Leg. , ch. 127, § 1, eff. Sept. 1, 2003 . SUBCHAPTER D. REMEDIES § 42.0705. RANGE OF PENALTIES. The department shall revoke, suspend, or refuse to renew a license or registration, place on probation a person whose license or registration has been suspended, or reprimand a license holder or registration holder for a violation of this chapter or a rule of the board. If a license or registration suspension is probated, the department may require the license holder or registration holder to: (1) report regularly to the department on matters that are the basis of the probation; (2) limit services to the areas prescribed by the department; (3) continue or review professional education until the license holder or registration holder attains a degree of skill satisfactory to the department in those areas that are the basis of the probation; or (4) take corrective action relating to the violation on which the probation is based. Added by Acts 1997, 75th Leg. , ch. 1022, § 34, eff. Sept. 1, 1997. § 42 .071. SUSPENSION, EVALUATION, OR PROBATION OF LICENSE OR REGISTRATION. (a) The department may suspend the license of a facility or the registration of a family home that has temporarily ceased operation but has definite plans for starting operations again within the time limits of the issued license or registration. (b) The department may suspend a facility's license or a family home's registration for a definite period rather than deny or revoke the license or registration if the department finds repeated noncompliance with standards that do not endanger the health and safety of children. To qualify for license or registration suspension under this subsection, a facility or family home must suspend its operations and show that standards can be met within the suspension period. (c) If the department finds a facility or family home is in repeated noncompliance with standards that do not endanger the health and safety of children, the department may schedule the facility or family home for evaluation or probation rather than suspend or revoke the facility's license or the family home's registration. The department shall provide notice to the facility or family home of the evaluation or probation and of the items of noncompliance not later than the 10th day before the evaluation or probation period begins. The department shall designate a period of not less than 30 days during which the facility or family home will remain under evaluation. During the evaluation or probation period, the facility or family home must correct the items that were in noncompliance and report the corrections to the department for approval. (d) The department shall revoke the license of a facility or the registration of a family home that does not comply with standards at the end of a license or registration suspension. (e) The department may suspend or revoke the license of a facility or the registration of a family home that does not correct items that were in noncompliance or that does not comply with required standards within the applicable evaluation or probation period. Acts 1979, 66th Leg. , p. 2365, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg. , p. 111, ch. 23, § 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg. , ch. 1081, § 2, eff. Sept. 1, 1987; Acts 1997, 75th Leg. , ch. 1022, § 35, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997. § 42.0715. COSTS CHARGED TO FACILITY OR FAMILY HOME. The department may charge a facility or family home for reimbursement of the reasonable cost of services provided by the department in formulating, monitoring, and implementing a corrective action plan for the facility or family home. Added by Acts 1997, 75th Leg. , ch. 1022, § 36, eff. Sept. 1, 1997. § 42.072. LICENSE, LISTING, OR REGISTRATION DENIAL, SUSPENSION, OR REVOCATION. (a) The department may suspend, deny, revoke, or refuse to renew the license, listing, registration, or certification of approval of a facility or family home that does not comply with the requirements of this chapter, the standards and rules of the department, or the specific terms of the license, listing, registration, or certification. The department may revoke the probation of a person whose license, listing, or registration is suspended if the person violates a term of the conditions of probation. (b) If the department proposes to take an action under Subsection (a) , the person is entitled to a hearing conducted by the State Office of Administrative Hearings. Proceedings for a disciplinary action are governed by the administrative procedure law, Chapter 2001, Government Code. Rules of practice adopted by the board under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings. (c) A person whose license, listing, registration, or certification is revoked may not apply for any license, listing, registration, or certification under this chapter before the second anniversary of the date on which the revocation takes effect by department or court order. (d) The department by rule may provide for denial of an application or renewal for a licensed facility or for listing or registering a family home or may revoke a facility's license or a family home's listing or registration based on findings of background or criminal history as a result of a background or criminal history check. (e) A person may continue to operate a facility or family home during an appeal of a license, listing, or registration denial or revocation unless the revocation or denial is based on a violation which poses a risk to the health or safety of children. The department shall by rule establish the violations which pose a risk to the health or safety of children. The department shall notify the facility or family home of the violation which poses a risk to health or safety and that the facility or family home may not operate. A person who has been notified by the department that the facility or home may not operate under this section may seek injunctive relief from a district court in Travis County or in the county in which the facility or home is located to allow operation during the pendency of an appeal. The court may grant injunctive relief against the agency's action only if the court finds that the child-care operation does not pose a health or safety risk to children. A court granting injunctive relief under this subsection shall have no other jurisdiction over an appeal of final agency action unless conferred by Chapter 2001, Government Code. (f) The department shall deny an application or renewal for listing or registering a family home or shall revoke a family home's listing or registration if the results of a background or criminal history check conducted by the department under Section 42 .056 show that a person has been convicted of an offense under Title 5, or 6, Penal Code, or Chapter 43, Penal Code. Acts 1979, 66th Leg. , p. 2365, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1983, 68th Leg. , p. 111, ch. 23, § 2, eff. Aug. 29, 1983; Acts 1993, 73rd Leg. , ch. 977, § 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg. , ch. 76, § 5.95 (49) , eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1022, § 37, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 13, eff. Sept. 1, 1997; Acts 2001, 77th Leg. , ch. 218, § 11, eff. Sept. 1, 2001. § 42 .073 . EMERGENCY SUSPENSION AND CLOSURE OF A FACILITY OR FAMILY HOME. (a) The department shall suspend a facility's license or a family home's listing or registration and order the immediate closing of the facility or family home if: (1) the department finds the facility or family home is operating in violation of the applicable standards prescribed by this chapter; and (2) the violation creates an immediate threat to the health and safety of the children attending or residing in the facility or family home. (b) An order suspending a license, listing, or registration and an order closing a facility or family home under this section is immediately effective on the date on which the holder of the license, listing, or registration receives written notice or on a later date specified in the order. (c) An order is valid for 10 days after the effective date of the order. Acts 1979, 66th Leg. , p. 2366, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1993, 73rd Leg. , ch. 977, § 2, eff. Sept. 1, 1993; Acts 1995, 74th Leg. , ch. 76, § 5.95 (49) , eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1022, § 38, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 14, eff. Sept. 1, 1997. § 42.074 . INJUNCTIVE RELIEF. (a) When it appears that a person has violated, is violating, or is threatening to violate the licensing, certification, listing, or registration requirements of this chapter or the department's licensing, certification, listing, or registration rules and standards, the department may file a suit in a district court in Travis County or in the county where the facility or family home is located for assessment and recovery of civil penalties under Section 42 .075, for injunctive relief, including a temporary restraining order, or for both injunctive relief and civil penalties. (b) The district court shall grant the injunctive relief the facts may warrant. (c) At the department's request, the attorney general or the county or district attorney of the county in which the facility or family home is located shall conduct a suit in the name of the State of Texas for injunctive relief, to recover the civil penalty, or for both injunctive relief and civil penalties as authorized by Subsection (a) . (d) Injunctive relief provided by this section is in addition to any other action, proceeding, or remedy authorized by law. It is not necessary to allege or prove in an action filed under this section that an adequate remedy at law does not exist or that substantial or irreparable harm would result from the continued violation. (e) The department is not required to give an appeal bond in an action arising under this section. Acts 1979, 66th Leg. , p. 2367, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1987, 70th Leg. , ch. 1052, § 4.09, eff. Sept. 1, 1987; Acts 1997, 75th Leg. , ch. 1022, § 39, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 15, eff. Sept. 1, 1997. § 42.075. CIVIL PENALTY. (a) A person is subject to a civil penalty of not less than $50 nor more than $100 for each day of violation and for each act of violation if the person: (1) threatens serious harm to a child in a facility or family home by violating a provision of this chapter or a department rule or standard; (2) violates a provision of this chapter or a department rule or standard three or more times within a 12-month period; or (3) places a public advertisement for an unlicensed facility or an unlisted or unregistered family home. (b) The civil penalty authorized by this section is cumulative and in addition to the criminal penalties and injunctive relief provided by this chapter. Acts 1979, 66th Leg. , p. 2367, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg. , ch. 1022, § 40, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 16, eff. Sept. 1, 1997. § 42.076. CRIMINAL PENALTIES. (a) A person who operates a child-care facility or child-placing agency without a license commits a Class B misdemeanor. (b) A person who operates a family home without a required listing or registration commits a Class B misdemeanor. (c) A person who places a public advertisement for an unlicensed facility or an unlisted or unregistered family home commits a Class C misdemeanor. (d) It is not an offense under this section if a professional provides legal or medical services to: (1) a parent who identifies the prospective adoptive parent and places the child for adoption without the assistance of the professional; or (2) a prospective adoptive parent who identifies a parent and receives placement of a child for adoption without assistance of the professional. Acts 1979, 66th Leg. , p. 2367, ch. 842, art. 1, § 1, eff. Sept. 1, 1979. Amended by Acts 1985, 69th Leg. , ch. 915, § 2, eff. Sept. 1, 1985; Acts 1995, 74th Leg. , ch. 411, § 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 664, § 5, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1022, § 41, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 17, eff. Sept. 1, 1997. § 42 .077. NOTICE OF ACTION AGAINST FACILITY OR FAMILY HOME. (a) If the department revokes or suspends a facility's license or a family home's listing or registration, the department shall publish notice of this action in a newspaper of general circulation in the county in which the facility or family home is located. The newspaper shall place the notice in the section in which advertisements for day-care services are normally published. (b) If a person who operates a facility or family home that has had its license, listing, or registration revoked or suspended later applies for a new license, listing, or registration to operate the same facility or family home, the department shall charge the person an application fee in an amount necessary to reimburse the department for the cost of the notice relating to that facility or family home. (c) The department shall pay for publication of the notice from funds appropriated to the department for licensing and regulating child-care facilities and for listing, registering, and regulating family homes and from appeal and application fees collected under Subsection (b) and appropriated to the department. (d) A facility or family home that has its license, listing, or registration revoked or suspended shall mail notification of this action by certified mail to the parents or guardian of the child served by the facility or family home. The facility or family home shall mail the notification within five days of the effective date of the revocation or suspension of the license, listing, or registration. (e) When the most recent federal census shows that more than one-half of the population in a municipality or in a commissioners precinct in a county in which a family home whose listing or registration has been revoked or suspended is located is of Hispanic origin or Spanish-speaking, the department shall publish the notice under Subsection (a) in both English and Spanish. Amended by Acts 1997, 75th Leg. , ch. 1022, § 42, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1063, § 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1217, § 18, eff. Sept. 1, 1997. § 42.078. ADMINISTRATIVE PENALTY. (a) The department may impose an administrative penalty against a facility or family home licensed or registered under this chapter that violates this chapter or a rule or order adopted under this chapter. Nonmonetary, administrative penalties or remedies including but not limited to corrective action plans, probation, and evaluation periods shall be imposed when appropriate before monetary penalties. (b) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. The penalty for a violation may be in an amount not to exceed the following limits, based on the number of children receiving care at the facility or family home at the time of the violation: Number of children Maximum amount of penalty 20 or less $20 21-40 $30 41-60 $40 61-80 $50 81-100 $75 More than 100 $100 (c) The amount of the penalty shall be based on: (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited acts, and the hazard or potential hazard created to the health, safety, or economic welfare of the public; (2) the economic harm to property or the environment caused by the violation; (3) the history of previous violations; (4) the amount necessary to deter future violations; (5) efforts to correct the violation; and (6) any other matter that justice may require. (d) Monetary penalties shall not be assessed for violations of clerical errors or standards which do not clearly apprise the facility or family home of the action required by the standard. (e) If the executive director determines that a violation has occurred, the executive director may issue a recommendation on the imposition of a penalty, including a recommendation on the amount of the penalty. (f) Within 14 days after the date the recommendation is issued, the executive director shall give written notice of the recommendation to the person owning or operating the facility. The notice may be given by certified mail. The notice must include a brief summary of the alleged violation and a statement of the amount of the recommended penalty and must inform the person that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. (g) Within 20 days after the date the person receives the notice, the person in writing may accept the determination and recommended penalty of the executive director or may make a written request for a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. (h) If the person accepts the determination and recommended penalty of the executive director or fails to respond to the notice in a timely manner, the executive director shall issue an order and impose the recommended penalty. (i) If the person requests a hearing, the executive director shall set a hearing and give notice of the hearing to the person. The hearing shall be held by an administrative law judge of the State Office of Administrative Hearings. The administrative law judge shall make findings of fact and conclusions of law and issue a final decision finding that a violation has occurred and imposing a penalty or finding that no violation occurred. (j) The notice of the administrative law judge' s order given to the person under Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order. (k) Within 30 days after the date the administrative law judge's order becomes final as provided by Section 2001.144, Government Code, the person shall: (1) pay the amount of the penalty; (2) pay the amount of the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty; or (3) without paying the amount of the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. (1) Within the 30-day period, a person who acts under Subsection (k) (3) may: (1) stay enforcement of the penalty by: (A) paying the amount of the penalty to the court for placement in an escrow account; or (B) giving to the court a supersedeas bond that is approved by the court for the amount of the penalty and that is effective until all judicial review of the order is final; or (2) request the court to stay enforcement of the penalty by: (A) filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the amount of the penalty and is financially unable to give the supersedeas bond; and (B) giving a copy of the affidavit to the executive director by certified mail. (m) On receipt of a copy of an affidavit under Subsection (1) (2) , the executive director may file with the court, within five days after the date the copy is received, a contest to the affidavit. The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. The person who files an affidavit has the burden of proving that the person is financially unable to pay the amount of the penalty and to give a supersedeas bond. (n) If the person does not pay the amount of the penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the amount of the penalty. (o) Judicial review of the order: (1) is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code; and (2) is under the substantial evidence rule. (p) If the court sustains the occurrence of the violation, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty. If the court does not sustain the occurrence of the violation, the court shall order that no penalty is owed. (q) When the judgment of the court becomes final, the court shall proceed under this subsection. If the person paid the amount of the penalty and if that amount is reduced or is not upheld by the court, the court shall order that the appropriate amount plus accrued interest be remitted to the person. The rate of the interest is the rate charged on loans to depository institutions by the New York Federal Reserve Bank, and the interest shall be paid for the period beginning on the date the penalty was paid and ending on the date the penalty is remitted. If the person gave a supersedeas bond and if the amount of the penalty is not upheld by the court, the court shall order the release of the bond. If the person gave a supersedeas bond and if the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the amount. (r) A penalty collected under this section shall be sent to the comptroller for deposit in the general revenue fund. (s) All proceedings under this section are subject to Chapter 2001, Government Code. Added by Acts 1997, 75th Leg. , ch. 1022, § 43, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg. , ch. 1129, § 4, eff. Sept. 1, 1999. I/VI Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 13, 2007 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 03/02/07 Budgeted Amount: Exhibits: Four Subject Consider, and act upon, a request to eliminate the distance requirement between a Beer & Wine Package Sales establishment and a public school. The property being located at 405 South Highway 78. Recommendation Motion to deny a request to eliminate the distance requirement between a Beer & Wine Package Sales establishment and a public school. The property being located at 405 South Highway 78. Discussion The property is located at 405 South Highway 78 and abuts the Hartman Elementary School (a public school). Per the Alcoholic Beverage Code Section 109.33 of Title 4, Subchapter C Local Regulation Of Alcoholic Beverages, the governing body of a municipality has the authority to prohibit the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a church, public or private school, or public hospital. In addition, the TABC code allows that same governing body the authority to increase that distance requirement from 300 feet to 1,000 feet of a public school, if the governing body receives a request from the board of trustees of a school district under Section 38.007, Education Code. Subsection (e) of Section 109.33 allows the governing board of a city or town that has enacted a regulation under Subsection (a)of Section 109.33 to grant variances to the regulation if the governing body determines that: 1. Enforcement of the regulation in a particular instance is not in the best interest of the public, 2. Constitutes waste or inefficient use of land or other resources, 3. Creates an undue hardship on an applicant for a license or permit, 4. Does not serve its intended purpose, 5. Is not effective or necessary, or 6. For any other reason the governing board, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. The applicant is requesting a variance to the distance requirement in accordance with the Alcoholic Beverage Code Title 4 Regulatory And Penal Provisions, Chapter 109. Miscellaneous Regulatory Provisions, Section 109.33, Subsection (e). The requested variance is to grant a distance of zero feet as measured in a direct line from property line to property line. Page 1 of 2 Page 2 of 2 The attached map Exhibit "B" indicates the location of the subject property and it's proximity to not only the school property line but the playground and ball fields on the school property. Because the ball field and playground area are directly adjacent and/or visible from the subject property, staff's opinion is that this request in no means meet the intent of the city Zoning Ordinance nor does it meet the intent of the law of the Alcoholic Beverage Code. State law does not require a notification and public hearing on this matter. Approved By Initial Date Department Director RO 3/02/07 City Manager I V `, �� "5 1 EXHIBIT "A" This is a family owned and operated business that must compete on an even field with adjacent competitors. A strict compliance with the ordinance will create an undue and drastic hardship on the family. A variance on the distance requirement will comply with the spirit and intent of the ordinance if agreeable stipulations are attached and made a condition of the variance being granted by this board after a full evidentiary hearing,which the applicant is requesting. EXHIBIT "B" Subject Property showing property boundary ......-....` Ca _yam 1 • a + T I ° 0 % \ ,,_4_ ,-2 4 Hartman Elementaryiix �C�''cv A ,. _P '', School Property Line (Chain Link fence) Pr rJ N =:' f r WI L L I A MS ST eipi r104;:114 • j ftt* I 41 ... Nii: i 4 �. 101 Location of Baseball Field Yh illib I back stop. Appx. 42 feet ri . 1- " • from property line. .,i I... f iti. 4 4*- . Imi f' Playground . wl equipment • 4 9 a 4 a ■ I A a ear • ID < IMP 1111.111.11111 1 * 1 EXHIBIT"C" TITLE 4. REGULATORY AND PENAL PROVISIONS CHAPTER 109. MISCELLANEOUS REGULATORY PROVISIONS SUBCHAPTER C. LOCAL REGULATION OF ALCOHOLIC BEVERAGES Sec. 109.33. SALES NEAR SCHOOL, CHURCH,OR HOSPITAL. (a) The commissioners court of a county may enact regulations applicable in areas in the county outside an incorporated city or town, and the governing board of an incorporated city or town may enact regulations applicable in the city or town,prohibiting the sale of alcoholic beverages by a dealer whose place of business is within: (1) 300 feet of a church,public or private school,or public hospital; (2) 1,000 feet of a public school, if the commissioners court or the governing body receives a request from the board of trustees of a school district under Section 38.007, Education Code;or NOTE: Section 38.007, Education Code. Alcohol free School Zones reads as follows: (a) The board of trustees of a school district shall prohibit the use of alcoholic beverages at a school-related or school-sanctioned activity on or off school property. (b) The board of trustees of a school district shall attempt to provide a safe alcohol free environment to students coming to or going from school. The board of trustees may cooperate with local law enforcement officials and the Texas Alcoholic Beverage Commission in attempting to provide this environment and in enforcing Sections 101.75, 109.33, and 109.59, Alcoholic Beverage Code. Additionally, the board, if a majority of the area of a district is located in a municipality of a population of 900,000 or more, may petition the commissioners court of the county in which the district is located or the governing board of an incorporated city or town in which the district is located to adopt a 1,000-foot zone under Section 109.33, Alcoholic Beverage Code. (3) 1,000 feet of a private school if the commissioners court or the governing body receives a request from the governing body of the private school. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door,and in direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be: (1) in a direct line from the property line of the public or private school to the property line of the place of business,and in a direct line across intersections;or (2) if the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located. (c) Every applicant for an original alcoholic beverage license or permit for a location with a door by which the public may enter the place of business of the applicant that is within 1,000 feet of the nearest property line of a public or private school, measured along street lines and directly across intersections, must give written notice of the application to officials of the public or private school before filing the application with the commission. A copy of the notice must be submitted to the commission with the application. This subsection does not apply to a permit or license covering a premise where minors are prohibited from entering the premises under Section 109.53. (d) As to any dealer who held a license or permit on September 1, 1983, in a location where a regulation under this section was in effect on that date, for purposes of Subsection (a), but not Subsection (c), of this section, the measurement of the distance between the place of business of the dealer and a public or private school shall be along the property lines of the street fronts and from front door to front door,and in direct line across intersections. (e) The commissioners court of a county or the governing board of a city or town that has enacted a regulation under Subsection (a) of this section may also allow variances to the regulation if the commissioners court or governing body determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the court or governing board, after consideration of the health, safety, and welfare of the public and the equities of the situation,determines is in the best interest of the community. (f) Subsections(a)(2)and(3)do not apply to the holder of: (1) a retail on-premises consumption permit or license if less than 50 percent of the gross receipts for the premises is from the sale or service of alcoholic beverages; (2) a retail off-premises consumption permit or license if less than 50 percent of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax,is from the sale or service of alcoholic beverages;or (3) a wholesaler's, distributor's, brewer's, distiller's and rectifier's, winery, wine bottler's or manufacturer's permit or license, or any other license or permit held by a wholesaler or manufacturer as those words are ordinarily used and understood in Chapter 102. (g) Subsection(a)(3)does not apply to the holder of: (1) a license or permit issued under Chapter 27, 31, or 72 who is operating on the premises of a private school;or (2) a license or permit covering a premise where minors are prohibited from entering under Section 109.53 and that is located within 1,000 feet of a private school. (h) Subsection(a)(1)does not apply to the holder of: (1) a license or permit who also holds a food and beverage certificate covering a premise that is located within 300 feet of a private school; or (2) a license or permit covering a premise where minors are prohibited from entering under Section 109.53 and that is located within 300 feet of a private school. (i) In this section, "private school" means a private school, including a parochial school,that: (1) offers a course of instruction for students in one or more grades from kindergarten through grade 12;and (2) has more than 100 students enrolled and attending courses at a single location. ..._— i {{{{yy1 1 all 1EXHIBIT "D" 1 t,..dtr r 9tmi. ''':it II .,..:I t T_ M" . , . 14. 44,4444.4. x .. ., t. 4 • • • 1 (� - e jj,� * �»n u ^• x Wylie City Council CIT_Mt Y OF WYLIE AGENDA REPORT Meeting Date: March 13, 2007 Item Number: 3 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: 443-58210 Date Prepared: 03/05/07 Budgeted Amount: $ 2,600,000.00 Exhibits: Bid Schedule Subject Consider, and act upon, award of a contract to Lacy Construction, in the amount of $882,758.60, for the construction of Alanis Drive from Twin Lakes Drive to FM 544. Recommendation Motion to award a contract to Lacy Construction, in the amount of$882,758.60, for the construction of Alanis Drive from Twin Lakes Drive to FM 544. Discussion The 2005 Bond Program included $2,600,000 for the extension of Alanis Drive from Twin Lakes Drive to FM 544. The extension provides another east-west thoroughfare in the southern portion of the City. The project includes approximately 16,000 square yards of 8-inch reinforced concrete pavement and related storm sewer improvements. Nine bids were submitted for the project with the low bid being submitted by Lacy Construction. Lacy has constructed numerous subdivisions in the City and the references for the contractor have been contacted and nothing would indicate that they are incapable of fulfilling the requirements of the contract. The project expenditures to date include; Engineering $105,000 Right of Way $206,810 Construction $882,759 TOTAL $1,194,569 Approved By Initial Date Department Director CH 3/05/07 City Manager a a 3h/67 Page 1 of 1 HELM BERGER ASSOCIATES,INC. CIVIL ENGINEERING CONSTRUCTION MANAGEMENT ENVIRONMENTAL ENGINEERING March 7,2007 Mr.Chris Hoisted,P.E. City of Wylie 949 Hensley Lane Wylie,Texas 75098 RE: Alanis Road Extension From Terminus to F.M.544 Wylie,Texas Mr.Hoisted, Helmberger Associates,Inc. has reviewed and compared the bids submitted for public opening last Friday, March 2,2007. It appears Lacy Construction,Dallas,TX has supplied the lowest bid of the nine potential contractors. They have supplied their bid bond and acknowledged Addendum#1 prior to the bid. We have reviewed their"Contractor Qualification Questionnaire"as attached in their proposal,and it reflects positively on their ability to perform the desired work within the City of Wylie. It is our recommendation that the City of Wylie and Lacy Construction enter contractural agreements to perform the work described above. Thank you and please feel free to call if you have any questions or need additional information. Sincerely, HELMBERGER ASSOCIATES,INC. 041 444,, Randall T.Helmberger,P.E. Vice President recommendation.doc 124 HOOPER ROAD:WYLIE,TEXAS 75098:(972)442-7459:(972)442-1428fax 171. T .. 7 iiii :-T z _„. - c 4Lac n ICONTRACTOR QUALIFICATION QUESTIONNAIRE IDate: 03-02-2007 Company Name: L.H.Lacy Company,Ltd. Street Address: 1880 Crown Road lig Dallas,Texas 75234 III Mailing Address: P.O.Box 541297 Dallas,Texas 75354 Telephone No.: 214-357-0146 Fax No.: 214-350-0662 111 Contact(s)/Title(s): Ron Murawski,COO Cyle Burchfield,VIP Middle Markets Mitchell Bush,VIP Commercial I Michael Hoselton,VIP Excavation Douglas McAfee,Estimator Bobby Gordon,Estimator I A. GENERAL INFORMATION: 111 1. Type of Organization Organized I. xxx Partnership Date:1919 State:Texas III 2. Number of Employees: 251 -500 I 3. Principal Officers Michael R.Lacy Present Position Yrs.With Co. CEO and Chairman of the Board 40 years Ron Murawski Chief Operations Officer 1 year I Robert C.Millsap George R.Rivero Sr.Vice President 40 veers Chief Financial Officer 14 years Mitchell Bush Vice President 12 years Cyle Burchfield Vice President 14 years II Michael B.Morris Vice President—Paving Operations 29 years Mike Hoselton Vice President—Excavation Operations 10 years Mark Selby Vice President 2 years I I 111 Page 1 of 8 Rev. 11/04 I4. Nature of Business: Subcontractor X a. Type of work: Site Work,Mass Excavation XXXX Site Work Utilities XXXX Concrete Paving i XXXX _ Other: . b. Approved/qualified as: # ITEM .. . YES -N.O. t'. 1. Small Business Enterprise(SBE)? XXX '' r' 2. Minority Business Enterprise(MBE)? XXX 3. Women Owned Business Enterprise(WBE)? XXX 4. Disadvantaged Business Enterprise(DBE)? XXX 5. Business in a Labor Surplus Area? XXX c. Equal Opportunity Employer: Yes X No d. Written Drug and Alcohol Policy: Yes X No 5. Experience: a. Current licenses: STATE LICENSE# TYPE $LIMIT EXPIRATION Texas b. Has a license ever been denied or revoked? Yes No X f c. Has Lacy ever failed to complete any awarded contract? Yes No X d. Are there any judgments, claims, arbitration proceedings or lawsuits pending, outstanding or threatened which Lacy or its officers are or have been a party? Yes No X e. Has Lacy filed any lawsuits or requested arbitration with regard to any work you have done in the last five years? Yes No X f. Has Lacy denied any request or demand for indemnity within the last five years? Yes No X g. Union Affiliations: Yes No X h. Geographical work areas:Texas i. Taxpayer ID#: 01-0646802 y. Page 2 of 8 Rev. 11/04 hY r. B. FINANCIAL INFORMATION: 1. Annual Sales Volume:(last five years).Approximate. 2005 2004 2003 2002 ;: ' ::: ': 2001 ._ $65,150,000 $59,833,000 $45,200,000 $37,400,000 $38,250,000 2. Largest Contract completed to date: Description: Denton Crossing-Contract Value$7,522,272-2003 Owner—Hunt Properties,Inc. New Retail Power Center 3. Banking Information: Name OfBank JP MORGAN CHASE,TEXAS Address Of`:Bank 1717 Main Street,Dallas,Texas 75201 Telephone No. : 214-290-2755 Contact Mike M.Meredith 4. Bonding Information: ITEM RESPONSE `; , Limit(S) 540,000,000 Bonding Company CNA Surety Corporation "Best"Rating Bonding Agent A,XV Bowen,Miclette&Britt Address{Bonding Agent) P.O.Box 922022,Houston,Tx 77292 Telephone Number (800)966-5497 Fax Number (713)880-7166 Contact David Miclette 3 5. Has Lacy now or ever been involved in any bankruptcy or reorganization proceedings? 0 Yes No X 6. Copy of current Income Statement and Balance Sheet. Please Contact George IL Rivero—CFO—214-357-0146 II 7. Dun and Bradstreet Listing: 00-577-9046/Rating: 3A3 I IIC. INSURANCE COVERAGE: TYPE AMOUNT COMPANY III Worker's Compensation $1,000,000 The Harford Insurance Company Employer's Liability See Attached P.O.Box 922022 Commercial General Liability $2,000,000 Houston,Tx 77292-2022 Automotive Liability $1,000,000 Contact Dorothy Sundin 713-880-7133 Excess Liability $15,000,000 Other I II Page 3 of 8 Rev. 11/04 D. SAFETY: 1. Experience Modification Rate(EMR)for the seven most recent years: EMR Rate 2006 0.43 2005 0.51 2004 0.70 2003 0.67 2002 0.76 2001 0.63 2000 0.59 1999 0.41 2. Any serious and/or willful OSHA and/or MSHA Citations Lacy has received in the last three years: None 3. Written safety program: Yes X No 4. Safety meetings for field supervisors: Yes X No PP Held: Weekly 5. Craft"toolbox"safety meetings: Yes X No IIHeld: Weekly 1 6. Project safety inspections: Yes X No Inspections conducted by:Site Supervisor and Health and Safety Manager IIWhen: Site Supervisor—Daily;Health and Safety Manager-Monthly 7. Conduct and maintain records for New Employee Orientation Program: Yes X No I8. Written Hazard Communication Program: Yes X No li9. Disciplinary actions for Safety Violations: Yes X No II Ii III I III Page 4 of 8 Rev. 11/04 Safety Statement Lacy's safety program includes employment involvement (employee orientation, employee training, safety rules, personal protective equipment, disciplinary procedures), safety program elements (safety ,;, committee/reports and accident investigation/report),safety incentive plan,injury management(management's role and return to work plan),hazardous communication program, driver safety,DOT driver qualification,fire extinguisher program,respirator program,confined space entry program,and trench burning program. ` Our safety program's purpose is to protect and promote the health and safety of employees, customers, and others who may be affected by Lacy's business activities, comply with all pertinent regulatory obligations, r . assure the safety,health,environmental,and loss-control programs are given the proper priority and attention, and are achieving the required results, and coordinate safety, health, and loss-control activities while maintaining consistency in procedures. Our safety program's goal is to minimize health and safety risks by providing safe and healthful work environments and preventing unsafe acts,controlling exposures to health and safety hazards in the workplace, provide and assure appropriate health and safety programs exist and are in place, and control hazards in the workplace and assure that employees are informed of hazards and how to protect themselves from overexposure. Lacy maintains medical records in a confidential manner, assures that all managers, supervisors, and employees have received orientation, instruction, and training in health and safety protection matters, and requires that all health,safety,and loss-control practices,standards,laws,and regulations be observed relating to people,facilities,materials,processes,and the environment. I PI • II j Page 5 of 8 Rev. 11/04 • E. CONSTRUCTION PROJECTS: CONSTRUCTION PROJECTS IN PROGRESS(partial list) NAME OWNER CONTRACT AMT Highlander Blvd&Center St Arlington Highlanders/Mark Fawks (214)572-8415 $1,443,379 Arcadia Park Phase 5 Goodman Land Advisors/Eddie Collins (214)478-3111 $ 349,988 Medpark Drive Wier&Assoc./Phillip Graham (817)467-7700 $1,182,270 Creekside Phase 1 Gravely Development/Robert Gravely (940)206-0075 $ 910,014 Boardwalk Phase 2 Andante Development/Steve Topletz (214)607-4244 $ 952,000 Wylie Lakes Ph IA&1B D.R.Horton/Bryan Umberger (214)607-4244 $ 965,351 Frost Farm Harlan Properties/Jim Bell (972)979-8477 $ 836,843 Southwind Phase 2 Kimball Hill Homes/Todd Blackwell (972)481-2227 $ 756,878 Sedona D.R.Horton/Bryan Umberger (214)607-4244 $ 952,711 Hidden Creek Phase 11 Whittle Development/Rob Whittle (972)771-5253 $1,231,000 Senders Ranch Centurion American/John Owens (817)391-2500 $1,375,300 Valleybrook Lennar Homes/Steve Howard (469)587-5215 $1,353,944 Sunset Pointe Phase 16,17&18 Papagolos Dev./John Papagolos (972)931-9537 $1,925,828 Falcon's Ridge Phase 2 D.R.Horton/Bryan Umberger (214)607-4244 $ 343,490 FM 720 Double Tree Const/Chuck Richardson (972)542-3345 $5,600,000 Independence Parkway Frisco I.S.DJCecil Cypert (469)633-6511 $4,900,000 Flower Mound Market Henry S Miller/Pierce Cauvin (972)419-4015 $1,400,000 Old Celina Park Dean Construction/Don Dean (972)291-7153 $ 500,000 Wade Plaza Collector Rd City of Frisco/Hulen Webb (972)335-5555 $1,100,000 Mira Lagos City of Farmers Branch/Jerry Murawski (972)919-2588 $ 800,000 Kirkpatrick Lane City of Flower Mound/Jim Palmer (972)874-6307 $2,500,000 Cypress Waters Billingsley Dev/Jim Pritchard (214)849-0011 $1,600,000 Collin McKinney Pkwy McKinney Ranch Ltd./Chuck Richardson(972)542-3345 $5,000,000 Stacy Road McKinney Ranch Ltd./Chuck Richardson(972)542-3345 $5,000,000 Camp Wisdom Road Ph 1 &2 City of Grand Prairie/Paul Hackleman (972)237-8159 $ 10,000,000 t Boyd High School(Site Pay) Pogue Coast&Sizelove Const/Mitchell (817)267-4788 $ 1,500,000 Broad Street&Holland Road City of Mansfield/Raymond Kaufman (817)276-4238 $2,353,000 Lewisville Lake Corridor,Sec 1 Denton County/Bo Cung(HNTB) (817)556-1591 $4,460,000 Lewisville Lake Corridor,Sec 3 Denton County/Bo Cung(HNTB) (817)556-1591 $8,635,488 COMPLETED CONSTRUCTION PROJECTS(partial list) • i NAME OWNER CONTRACT.AMT 1.5 Panther Creek Phase 6 Intermandeco $1,049,885 I Collinsbrook Phase 1 Wilbow Corporation $ 593,810 Villas at Mira Lagos Phase 1 Mozley Acquisition $ 1,208,157 ! Lakes of Prosper Phase 1 Goodman Land Advisors $1,029,676;:,:. r McKinney Marketplace JDN Development $6,400,0O0. Gateway Plaza Lincoln Property Company $6,600,000 t p_. Prestonwood Baptist Prestonwood Baptist Church $5,500,00d • Suncreek III Bon-Terre $2,100,000' '. Lampasas Street City of Ennis $1,400,0001, Payton Wright Ford Autonation $2,500,000,:, ` Custer Road City of Plano $5,000,000`.'. ;. , $5,200,000' Cameron Crossing Hunt Properties Big Springs Road City of Garland $6,200,000 Alma Road City of Allen $2,300,000 Gaylord Pkwy&Ohio Dr City of Frisco $ 1,650,000.. Bardin Road City of Arlington $2,300,000.. Lantana 13, 14&29 Republic Property $2,700,OOQ-. , Griffin Park 2&3 Blackard Development S 1,300,000 r ti;:, Greenleaf Shrevland Construction $1,250,000 . Frisco Soccer Complex Hunt Sport Group $2,500,000 �, I Page 6 of 8 Rev.11/04 7 : SUBCONTRACTOR OR OWNER REFERENCES: COMPANY CONTACT DIRECT PHONE# 1. Lincoln Property Company Robert Dozier (214)740-3300 ;" 2. Hunt Properties (214)360-9600 3. Bon-Terre Joel Robuck (214)361-7830 %. 4. Kimble Hill Homes Sam Wyse (972)353-4345 ext.293 5. Double Tree Construction Chuck Richardson (469)583-6020 6. Rogers&Son Terry Cailteux (214)876-3233 7. AutoNation Bob Olufs (954)769-2303 8. D2 Development David Davis (469)916-6400 rF F. MATERIALS REFERENCE LIST HOLCIM US INC. 1800 Dove Lane Midlothian,Texas 76065 Contact:Luther Eddleman (972)299-2202 BARNSCO,INC. P.O.Box 541087 Dallas,Texas 75220 Contact: (214)352-9091 TEXAS LIME COMPANY 13800 Montfort Drive,Ste 330 Dallas,Texas 75240 Contact:Bob Reeves (800)772-8000 • LATTIMORE MATERIALS P.O.Box 996 McKinney,Texas 75070 Contact:Greg Hommel `' (972)569-4646 FRANK BARTEL TRANSPORTATION 7401 S. Hwy 377 • Aubrey,Texas 76227 Contact:Rick Bartel (940)440-3230 • MARTIN MARIETTA MATERIALS • P.O.Box 2466 Denton,Texas 76202 Contact:Mike Bradley (940)243-8520 • s`. Page 7 of 8 Rev.11/04 SUBMITTED BY: Signature: Printed Name: ✓26 �//�C 147e AD Title: 2 ñ /iiw7 Date: PI Page 8 of 8 Rev.11104 ALANIS ROAD EXTENSION TERMINUS OF EXISTING ALUMS O'NIIN TOM LAKES PHASE V SUBDIVISION TO F.M.544 ! E ITEM I I 2 S 4 E B 7 NO.I DESCRIPTION 'QUANTITY! UNIT ,UNIT PRICE I TOTAL UNIT PRICE I TOTAL UNIT PRICE I TOTAL UNIT PRCEI TOTAL UNIT►RICE� TOTAL UNIT PRICE TOTAL UNIT PRICE I TOTAL UNIT PRICE TOTAL UNIT PRICE I TOTAL LACY CONSTRUCTION TRHCON SERVICES,INC. TISEO PAVING CO. RODIMM PAVING,INC. GLFNN THURTMN,INC. MARIO SINACOLA A EONS JACKSON CONSTRUCTION,LTD. ED SELL CONSTRUCTION CO. SIT PAVING I CONSTRUCTION,INC. 1 5-25'I-I CONCRETE PAVING 16025 ST f 25.16 f 451,26100 5 3400 5 54.850,00 5 26.00 S 404,T2500 5 29.00 f 461,725.00 S JO55 S 494,371.25 S 30.OD f 450,750.00 5 33.90 S 513,N].50 $ 4300 S 669,075.00 5 NSt f 553,303.50 _ j(INCLUWNG TURN LANES) _ 1 2 COMPLETERETE CURS 11110 IF 5 100 5 11,31000 1 100 5 11,310.00 f 150 5 18,%5.00 $ 2.30 S 26,013.00 5 2.00 S 22,620.00 S 1.% E I1,31000 S 1.00 S 11,31000 5 0.75 $ 5.46250 $ 1.24 S 14,02440 IN PLACE 3 LIME STABILIZED SUBORAOE 17535 SY S 110 $ 31389.60 S 1.50 $ 26,752.50 5 2.50 5 458T.50 3 S00 $ 50,505.00 $ 1.15 S 31,211.25 f 3.00 S 53,505.00 $ 2.50 $ 455750 5 1.50 $ 26,152.50 $ 2.e7 i 51,10685 4 LIME(3611(y) 322 TN 5 10300 I 32,44.00 S 10000 S 32,200.0;5 11500 S 37,030.00 f 105.00 f 33,e10.00 5 110.00 S 35820.00 S 9900 S 31.61800 f 11500 S 36,38600 5 100.00 5 32,300.00 5 125.11 5 4425182 5 UNCLASSIFIED EXCAVATION 12736 CV 5 3.00 S 38.208.00 f 1.75 $ 22.25100 S 285 S 36,29760 t 4.10 5 52217.80 I 450 S 57.312.00 f 3.00 S 36,208.00 5 6.00 S 76,41600 S 3.00 S 35,20600 S 498 5 63,425.28 6 REWDPSE EXISTING PUNT INCLD. 3220 SF S 1.10 S 3.542.00 5 100 5 3.220.00 5 1.20 5 3,564.00 5 075'1 2,41500 S 1.00 S 3,22000 S 100 S 3,22000 5 1.00 5 WASHOUT AND TRAP MEDIAN OR 3,220.00 f 1.00 f J,220.% S 0.58 f 1,803.20 1 T STREET HEADER(PROPOSED 222 LF 5 700t 1,554.00 f 1500 5 3330.00 f 10.00 S 2 0 S 7.00 $ , . 2,220.00 STREETS AND ASP.TRANSITION) 0 S 6.00 $ 177500 5 10.72 5 3,179.4 8 SAWCUT PINT 4] LF f 2.00 $ 894.00 5 400 $ 1183.00 $ 3.00 f 1,Nt00 S 5.00 5 l . 2 . . 1,788.00 5 1000 5 4,47000 5 2.64 5 1,130.0$ 9 LONGITUDINALL BUTT Ji 47 LF S 3.00 t 134.00 S 1000 t 4.470.00 5 3.00 f 1341.00 i 6.00 5 2.68200 S 10.00 3 487000 $ 500 $ 4,023.00 5 10.00 5 417000 5 3.00 ! 134100 $ 9.10 S 4,067.70 1 10 (ASPHALT TRANSITION 205 SF J f 27.00 5 5535.00 5 7.00 f 1,435.00 $ 5.00 $ 1,025.00 5 16.00 5 328000 5 10.00 5 2.050.00 f 1700 S 3.4500 $ 5.005 (CONNECTION TO f.M.54) 1,849.10 11 MEDIAN PAVERS 546 SF S 1,00 5 6.%.00 f 6.00 5 4,366.00 $ 1250 S 6.525.00 5 1200 5 , . 8 (LEFT TURN BAYS( 1115478 11 DEL CHANN ON BUTTONS 120 EACH S 6.00 t T30.00 5 5.00 5 600.00 5 525 f 750.0 . . (LEFT TURN SAYS) 900.00 f 3.50 f 120.% $ 95e $ 1,4960 13 TYPE MBGF-03A TRAFFIC RAIL 54 IF S 7000 f 5,58000 f 4000 S 3,360.00 $ 35.00 S 3,3 . . WIMETAL POSTS e 0 5 3N000 5 N!] 5 4103.08 14 RE SPOSE EXISTING 122 IF $ 5.00 5 61000 5 5.00 5 81000 $ 11]5 S 1, . , 4. 0 00 S TRAFFIC RAILS 8 $ 11T268 15 ESTABLISH GRASS COVER t705 SY 5 2.e0 S 4,011.00 5 2.00 5 35,010.00 S 350 $ 81, 5 . ] BERMUDA SOD 31 5759145 18 MOBILIZATION 1 LS $ T3,0%.00 $ ]5,000.00 5 14,000.00 5 1400000 f 40.0000 5 00 . , . , . , 0 5000000 5 50,%0.30 5 50,0%.00 $ 50,00000 f 124,%7.57 S 124057.57 1 17 EROSION CONTROL MEASURES 1 1 LS 5 22,000.00 5 22000.00 $ 11.000.00 $ 11000.00 f 16,00000 S 15,000.00 3 16.000.00 $ 18,000.00 5 20,00000 5 20,000.00 5 14,500.00 E 14,500.00 $ 17,00000 5 17000.00 S 5,000.00 S 5.00000$ 19,35457 t 19,354.57 16 LANE STRIPING 1 LS 5 4,00000 t 4,000.00 t 2,03000 S 2,000.00 5 307500 $ 3,075.00 5 3,100.00 S 3,100.00 S 3,100.00 5 3,100.00 S 2,50000 5 2,50000 5 ],000.00 3 J,000.00 S ].000.00 S 3,000.00 $ I,1N.01 5 4,13401 19 16-STEEL CARRIER PIPE 204 LF 5 56.00 f 11.63200 f 4000 5 5,160.00 5 67.00 5 13,668.00 5 59.00 5 12,036.00 5 63.00 S 12,852.00 f 100.00 3 20,400.00 5 75.00 5 15300.00 f %.DO f t3,t6400 S T1.35 $ 14,55580 (5716'WALL THICK MIN) 20 I'IRRIGATIONIELECTRICAL 9T0 LF 5 t3.00 S 1t,64.00 f 400 S 1,860.00 f 1225 S 1t 363.50 i 900 S 6130.00 f t200 S 11,40.00 f 340 f 5.1400 S 13.00 S 1261000 t 11.50 f 11,155510 5 10.52 5 10,20440 CONDUIT _ 21 10'STANDARD CURB INLET 1 EACH S 2,500.00 5 2500.00 5 2.50000 5 2.500.00 t 260000 f 2800.00 5 2,875.00 f 2,675.00 5 2,600.00 S 2,600.00 t 2350.00 t 2,350.00 5 3.000.00 $ 3,00000 $ 2,60013 5 2,60000 $ 3,717.53 f 3.717.53 22 /STANDARD CURB INLET 2 EACH 5 2.300.00 S 4,600.00 $ 2,400.00 5 4,800.00 3 2,500-00 t 5,000.00 t 2,430.00 S 4,530.00 $ 230000 5 4,600.00 S 2,15000 $ 4,300.00 5 2,600.00 S 5,600.00 S 2,500_00 $ 4,600.00 S 2.869112 S 5.739.24 23 3'A3'DROP INLET 1 EACH S 2,700.00 $ 2,700.00 f 1,500.00 S 2500.00 $ 3,100.00 1 2,00.00 $ 1,875.00 S 1,675.00 5 2,300.00 S 2,300.00 t 2,050.00 f 2,050.00 $ 1,500.00 f 150000 5 2.300.00 5 2,30000 $ 2862.e3 S 2.662.63 24 TRPL B'%5'BOX CULVERT 65 LF S 830.00 S 53.950.00 S 344000 S 83,600.00 5 1123.00 5 73,125.00 5 710.00 f 45,10000 S 1050.00 5 65250.00 5 1,100.06 f 71,500.00 f 1,000.00 S 65,000.00 5 900.00 5 58.500.00 S 1,421.10 t 92,371.50 25 124-CL III RCP 650 IF 5 400 S 34,000.00 5 6000 S 51,00000 5 50.25 5 42.712.50 5 53.00 5 45,050.00 5 50.00 S 42,500.00 5 58.00 f 49,3%.00 5 60.00 S 51000.00 5 5430 $ 42.500.00 S 73.4 5 62.46650 26 15-CL III RCP 75 LF 5 31.00 S 2,325.00 5 59.00 5 4,425.00 t 40.25 5 3.018.76 f 40.00 $ 3,030.00 $ 40.00 5 3,00000 $ 43.00 5 3.225.00 5 4.00 5 3,600.00 $ 45.00 5 3,37500 5 63.82 t 4,771.50 27 24'6'.1 SLOPED ENO SECTION J EACH $ 1,100.00 ! 3.9W 00 5 3.300.00 $ 6.e00.00 5 I42500 5 4,315.00 $ 1.500.00 f 4500.00 S 1100.00 S 4,200.00 $ 2,000.00 f 6,00000 1 1,000.00 S 1.000.00 5 1500.00 f 4500.00 $ 944.17 $ 2832.51 23 TYPE"V PARALLELWNGS 1 LS $ 12,003.00 S 12000.00 S 14,500.00 5 14,50000 $ 1425000 f 14,250.00 5 14,125.00 5 14,12500 5 15,50000 5 15.500.00 5 35,000.00 5 35,000.00 $ 12,00000 $NORMAL((P RL 9I5 BOA) 5 12.000.00 S 10,000.00 5 10.000.00 5 11,558.93 S 11,56603 00 5 29 015POSE EXISTING 1 Ls f 500.00 5 50000 f 5%.00 5 50000 S 850.00 $ e50.00 5 . . 1 . 0 DROP INLET 0 5 500.00 3 800.00 5 40.10 f N.10 REMO 30 REMOVE/DISPOSE EXISTING 1 LS $ t1%.% S 1,700.00 S 05300 5 550.00 $ 575.00 5 , . 25000 S 250.00 5 600.00 S 600.00 t 6.703.94 5 6,703.94 TOTAL $ 882,758.60 ,,- HEAONALL(TPRL 945 BOX) hfff't; $ 930,344.10 $ 984,940.50 $ 987,758.50 $ 994,075.50 $ 1,079,232.00 $ 1,176,413.37 ALTERNATE PAVEMENT SECTTON 1 r3600 PSI CRCP 16025 SY $ 35.50 S 568867.50 5 4000 t 641,000.00 S 4235 $ 671.655.75 5 2800 $ 445.700.00 f 39.75 5 636.993.75 5 36.00 5 576,900.51 S 40,25 5 54 %5,0 .25 5 4.50 f 1T/,212.50 $ 4.t1 5 738.913.75 (INCLUDING TURN LANES) _` TOTAL _t ('! $ 1,132,956.60 $ 914,319.10 $ 1,127,563,00 $ 1,083,908.50 $ 1,095,834.25 $ 1,167,369.50 $ 1,361,822.62