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02-13-2001 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, February 13, 2001 7:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Action Taken • Proclamation declaring the Month of March as Red Cross Month. Brief presentation of the activities of the Red Cross. Members of the Red Cross Board accepting. • Proclamation declaring the Week of February 12-16, 2001 as "Hearts of Kindness" week in Wylie,Texas. This program is a part of the WISD Character Education program. WISD Students will be present to accept the proclamation. eittaNSTARIMMEMIIMMENSEMONiiiningininiMEMENSEMENEEMEM �: .... :. `•: ?.: ::.;::.? :::::.:::fit #� ty��r'� y�:�c}�{ ... :--F}.'?f::..:�.....�..�i.,.i.,,.•';:T:4T:;YY,.:: :,'.., :?.,lllY?�:?�Y,Y.::::::"wi?::-:::i{-:::....::.n........... .... .+:: .. ~tFNI!YY?�.•�..:,.4R,,.::S;F.YT::.�.....�..:....:1.. :�}•..::n NINON .:f.?v....?y....:-: ?1..:::::::.y'.::.v..?v:.i-r':•::.0::.:??. taiatiattliaiiiiiii ikiiiiiatiatikaiatMiefiiidietaiiiiiiiitgaiiiiiiMMONEigilineiniiiiaggiiliiiigiiiilininiiiiini A. Consider and act upon approving a Resolution No. 2001-02(R) ordering a Joint Election with the Wylie Independent School District on May 5,2001. B. Consider and act upon approving a contract for election services between the City of Wylie and the Collin County Elections Administration for the May 5, 2001 Municipal Election. reessinntinteriaDMVONSIDERAMMANDAVTIONMisinisimeimgm Board Appointments 1. Consider and act upon appointing a replacement to the Library Board for an unexpired term ending in July 2002. Ordinances&Resolutions 2. Consider an act upon an Ordinance repealing Article VI, Chapter 78, Sections 78-231 through 78-242 of the Wylie Code of Ordinances, repealing all conflicting ordinances and adopting a separate Athletic Fields Policy to be administered by the City of Wylie Parks and Recreation Department. 3. Consider and act upon approval of an Ordinance to establish Athletic Field Usage Fees, amending the City of Wylie Fee Ordinance No.98-16,Section 41. ' Final Payment&Award of Bid 4. Consider and act upon approval and final acceptance of the construction of the paving and drainage improvements along Kirby Street,and authorize final payment to Tri-Con Services,Inc.in the amount of$52,874.78 and accept the project as complete. 5. Consider and act upon a bid for street light poles and fixtures for the Ballard Street medians. f vy. :�:.: ':':i}......i: �.�. ..... ..�...n .................... v.}: ttw..r.........:::.t:::::.....w::�::ry}::•...:.........}................. ..:::. •:::v : .:::n::::: ::. ::•h {iii C•i:-::is:':%:iiii..}:C}{:{:::i}}}:}:}:.i::iii::i}::i::::-::�r:•iii: }�:•ti'}iiitr-"i:::}�:}{:::i::::{titi~{-'-ist{S-j:>.}ii{±:::{{}f;:tt::i::::iY{•ii':i":{•i:r'v'.�i:Y..r}}:'{}.t::}:•:p:fi}:6:•: :. .::...::::........:..n.....{...............n..........vv:iw:::.v:::.:.t{.r:-:}}}:}isi:•}isv:':'i:::'.tii}}::i:.':ii}:i::::•..::.:{.:;:.:::::::::::::::::.•:........ . ::}.i i .. :::} ".• ::.i:{-:is�...:�{!:}}}.v %v'.:::::i:}::?i{:}:.Y::{•:-::}i}":i..i-?.:i:}:.::::x::.v:...r:r:..:'::-}}}v:•}:•:-:-}:i�{•:-::::•x::v:::...::.t.:. .•.....'. f;'II:::?:`'::i:<Tjiiiiij}Ci'iii* :i.{'::Yj}::::ri;:,.,_II J_v...''•:i:::i-Ciii:`{:ryi::::l<C•}:::<IIsi::isYiis'::::::':::::IIIIIII i In accordance with Chapter 551, Government Code, Vemon's Texas Code Annotated (Open g Law), Section 551.072, Deliberation Regarding Real Property (100 Block of South Jackson); to deliberate the purchase,exchange,lease,or value of real property; itteelitattalititatIMEMOIIIIIIIIMENIMMiliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiitE .............. Take any action as a result of Executive Session. .,M <_?>' > '>> ><>'>['`:[ ' `:<>< <<< € '<:`> ?€« ' >> ' ' z' <> >>` << » `:<` << < In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this g day of ,41,41.,�„�,, 2001 at 5:00 p.m. as required by law in accordance with Section 551.042 of th exas Gov went Code and that the appropriate news media contacted. Viewing of the agenda is also available on the City of Wylie Web P at www.ci.wvlie.tx.us / . I i cr ... Date Notice Removed 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. Page 2 of 2 WYLIE CITY COUNCIL CONSENT AGENDA ITEM A February 13, 2001 Issue Consider and act upon approving a Resolution ordering a Joint Election with the Wylie Independent School District on May 5, 2001. Background The offices of Place 1 and Place 3 will expire in May of 2001. The Resolution proposed will call the joint election with the Wylie Independent School District on May 5, 2001. If necessary, a runoff date has been established for June 2, 2001. One change that will effect the community is that we will not be able to use the Methodist Church as a polling place for precinct numbers, 27, 56, and 83. A new polling place is being sought and once secured, will be reflected within the Resolution. This office is working with them to secure a suitable facility for those precincts on Election Day and will ensure that all posting requirements are fulfilled as dictated by the Election Code. Special emphasis will be placed on the relocation of the Methodist Church polling place with notification to the Wylie News and the City of Wylie web page. The resolution will stipulate the polling places where qualified voters can cast ballots for the election. It also outlines the early voting by personal appearance locations. Early voting will take place at the Municipal Complex beginning April 18, 2001 through May 1, 2001, from 8:00 a.m. to 5:00 p.m. There will be an extended hour voting on Thursday, April 26, 2001 from 8:00 a.m. to 7:00 p.m. and on Saturday, April 28, 2001 from 8:00 a.m. to 5:00 p.m. The Collin County Election contract details the duties and responsibilities of both the contracting officer and the City. The first day to file for office is February 19, 2001. The last day to file is March 21, 2001 before 5:00 p.m. Candidate packets are currently available in the City Secretary's office. In 1995 the State Legislature passed a bill that enables municipalities to cancel the election if all of the candidates are running unopposed or there are no propositions on the ballot. If at the end of the filing deadline, all candidates are unopposed, a certification will be delivered to the Council declaring the candidates are unopposed. On receipt of the certification, the Council by ordinance may declare each unopposed candidate elected to the office. If a declaration is made, the election is not held. A copy of the ordinance shall be posted on Election Day at each polling place that would have been used in the election. A certificate of election shall be issued to each candidate in the same manner as provided for a candidate elected at the election. Financial Consideration $6,500 has been budgeted for the city's share in the joint elections. Details on the cost sharing are provided within the contract with the County Elections Administration. Other Consideration The Texas Election Law, Chapter 3 gives direction in ordering the election. The resolution, if approved, will meet statutory requirements for ordering the municipal election under Article 5, Sections 1-7 of the Home Rule Charter. Section 2.051, Subchapter C of the Texas Election Law applies to the ruling on an unopposed candidate. In May of 1998, the qualified voters of the City of Wylie voted to amend Article III, Section 1(A) (Number, Selection and Term) of Wylie's Home Rule Charter to increase the term of office that the mayor and councilmen shall serve from two (2) years to three (3) years. On January 12, 1999, the City Council amended Ordinance No. 85-3 and Wylie's Home Rule Charter to increase the term of office that the mayor and councilmen shall serve from two (2) to three (3) years. Ordinance No. 85-3 and Article III, Section 1(A) (Number, Selection and Term) of Wylie's Home Rule Charter are hereby amended to read as follows: The mayor and councilmen shall be elected by the:qualified voters of the guahtpe(i voters of the city at large, each of whom, unless sooner removed by the provisions of this Charter, shall serve for a term of three years. Each councilman shall occupy>a position on the city council,:such positions being numbered l through 6, consecutively." The method of election and transition to three (3) year terms under the place system has been carried out as dictated by Ordinance and will be complete this election year. In the.1999 General Election, Places 1 and 3 were elected to two-year terms and Place 5 was the first to be converted to a three-year term. In the General Election 2000, Places 2 and 4 were converted to three-year terms and Place 6 and the Mayor were elected to two-year terms. With the completion of the General Election 2001, the transition will be complete and all places, including the Mayor will now be elected to three-year terms. Staff Recommendation Staff recommends approval of the resolution. Attachments Resolution repa by • Revi d by finance City Manag pproval RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, ORDERING A JOINT ELECTION TO BE HELD ON MAY 5, 2001, FOR THE PURPOSE OF ELECTING TWO(2)MEMBERS, (PLACE 1 AND 3),TO '1'H1 WYLIE CITY COUNCIL TO HOLD OFFICE FOR A PERIOD OF THREE YEARS; DESIGNATING LOCATION OF POLLING PLACE; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1: An election is hereby ordered to be held jointly with the Wylie Independent School District on Saturday, May 5, 2001, for the purpose of electing two (2) City Council members to fill the following expiring terms on the Wylie City Council; Place 1 and Place 3. Both Places will hold office for a period of three (3) years. SECTION 2: The polling place where qualified voters shall cast ballots at such location in the City of Wylie 2001 regular municipal election is as follows: County Election Precincts Polling Place All City Precincts Precinct 25 Southfork Mobile Home Park 210 Southfork Blvd. Precincts 27, 56 & 83 Wylie, Texas Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election. SECTION 3: Early voting by personal appearance shall be available at the Collin County Sub Courthouse, 920 E. Park, Suite 120, Plano, Texas, and Wylie Municipal Complex, 2000 N. Highway 78, Wylie, Texas, beginning on Wednesday, April 18, 2001 through Tuesday, May 1, 2001, during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Thursday, April 26, 2001 from 8:00 a.m. to 7:00 p.m. and Saturday, April 28, 2001 from 8:00 a.m. to 5:00 p.m. Applications for ballot by mail shall be requested from and mailed to the Collin County Elections Administration Office, 920 E. Park Blvd., Suite 120, Plano, Texas 75074. Applications for ballots by mail must be received no later than the close of business on April 27, 2001 Resolution No. Page 2 SECTION 4: The City Secretary is hereby authorized and directed to publish and/or post, in the time and manner prescribed by law, all notices required to be so published and/or posted in connection with the conduct of this election. The Collin County Election contract shall designate the election judges for the joint election. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas, on this the 13th day of February, 2001. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary WYLIE CITY COUNCIL CONSENT AGENDA ITEM B February 13, 2001 Issue Consider and act upon approving a contract for election services between the City of Wylie and the Collin County Elections Administration for the May 5, 2001 Municipal Election. Background For the last five years the Collin County Elections Administration has been contracted to conduct the Municipal Elections. The Collin County Elections Office has detailed the responsibilities of all entities within the contract and staff has reviewed and found that with the exception of cost, it is as the previous years. City staff has been very pleased with the professional and timely manner of the services provided by the Elections Administrator and staff. By conducting jointly with other entities we are able to conduct a cost efficient election by sharing expenses. One change that will effect the community is that we will not be able to use the Methodist Church as a polling place for precinct numbers, 27, 56, and 83. The election office is currently in the process of locating a new polling place. Exhibit C of the contract does not reflect the polling place for precinct number 27, 56, and 83, however, once determined, this will be amended. This office is working with them to secure a suitable facility for those precincts on Election Day. Once secured, we will proceed with posting requirements as dictated by the Election Code. Section 10.03 of the Election Law Manual in accordance with the Texas Election Code, recommends February 5 through the 16 as the time period for ordering an election. Financial Consideration The contract cost for the May 6, 2000 General Election was $2,889.81. This does not reflect the cost incurred by the necessity for a runoff election for the Mayor's position. The City of Wylie was the only entity that was involved in a runoff situation; therefore the City of Wylie incurred all costs for the runoff The proposed contract states that the estimated contract expense for the 2001 election will be approximately, $3,561.73. The Collin County Community College will not hold an election this year; therefore the joint election contract will be between the City and WISD only. If you refer to page 16 of Exhibit D, Estimated Contract Costs, Summary of Costs, Collin County is estimating approximately 9 additional entities within the County that will share in the cost. There is a provision in the contract that will allow the City to cancel their election pursuant to Section 2.053 (unopposed candidates) of the Texas Election Code, with the City only paying a $75.00 preparation fee. $6,500 has been budgeted for the joint elections. Other Consideration Article 2, Section 1 (c) of the Home Rule Charter allows the Council to cooperate with the government of any County for any lawful purpose for the advancement of the interests of its inhabitants. Other Consideration-continued. Senate Bill 80, introduced by Senator Shapiro relates to certain processes and procedures for holding joint elections to promote consolidation of elections. Specifically, Section 271.002 (a) JOINT ELECTIONS REQUIRED (Authorized). The amendment to this section states"if elections ordered by the authorities of two or more political subdivisions are to be held on the same day in all or part of the same territory, the governing bodies of the political subdivisions shall (may) enter into an agreement to hold the elections jointly." Similar legislation had been previously introduced during the 1999 legislative session, but was unsuccessful, however, many cities are moving to consolidate their elections with one or more entities. This office will continue to monitor the proposed legislation, as it will have a direct effect on our election process. Staff Recommendation Staff recommends approval of the contract. Attachments County Elections Contract • Prepared by eview by Finance City Manag=`pproval 2001-02-08 00:35 972 633 3214 Cltlin County Etecti P 2/16 May 5, 2001 Joint General Election Contract for Election Services Wylie City/School 2001-02-08 00:35 972 633 3214 Cttlin County Electi P 3/16 May 5, 2001 Joint General Election Table of Contents Duties and Services of Contracting Officer II Duties and Services of the City and School District m Joint Election Agreement IV General Provisions IV Cost of Services Exhibits Exhibit A. Joint Election Agreement Exhibit B Early Voting Schedule and Locations Exhibit C Election Day Polling Locations Exhibit D Cost of Services • May 5,2001 Wylie City/School Election February S,200/—Page 2 2001-02-08 00:35 972 633 3214 Clllin County Electi P 4/16 THE STATE OF TEXAS CONTRACT FOR COUNTY OF COLLIN § CITY -SCHOOL WYLIE ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF WYLIE,hereinafter referred to as the"CITY,"and the BOARD OF TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT,hereinafter referred to as the"SCHOOL DISTRICT,"and SHARON ROWE,the Elections Administrator of Collin County,Texas,hereinafter referred to as"Contracting Officer," pursuant to the authority of Section 31.091,of the Texas Election Code,agree to the following particulars in regard to coordination,supervision and running of the City and School District's May 5,2001,Joint General Election. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment,notification (including writ of election),training and compensation of all presiding judges,alternate judges,the judge of the Central Counting Station and judge of the Early Voting Balloting Board. a. The Contracting Officer shall be responsible for notification of each Election day and Early Voting presiding judge and alternate judge of his or her appointment. The recommendations of the City and the School District will be the accepted guidelines for the number of clerks secured to work in each polling place. The presiding election judge of each polling place,however,will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the balloting board. Election judges shall be secured by the Contracting Officer with the approval of the City and the School District. May 5,2001 Wylie City/School Election February 5,2001—Page 3 2001-02-08 00:35 972 633 3214 -CI ttin County Electi P 5/16 b. Election judges shall attend the Contracting Officer's school of instruction(Elections Seminar)to be held Thursday,May 3,2001,in the City of Plano Council Chambers,at 6:30 P.M. c. Election judges shall be responsible for picking up from and returning election supplies to the county election's warehouse located in Plano. Compensation for this pickup and delivery of supplies will be $25.00. d. The Contracting Officer shall compensate each election judge and worker. Each judge and worker shall receive$6.00 per hour for services rendered. B. The Contracting Officer shall publish and post the Notice of the Public Logic and Accuracy Test of the electronic voting system and one press release. The Contracting Officer shall also prepare a certification of tabulation and an unofficial "canvass report"that will assist the City and School District with the official canvass. C. The Contracting Officer shall procure,prepare,and distribute ballots, frames(ballot pages),election kits and election supplies. a. The Contracting Officer shall secure election kits which include the legal documentation required to hold an election and all supplies including locks,pens,magic markers,etc. b. The Contracting Officer shall secure all tables,chairs,duplication ballots,and legal documentation required to run the central counting station. c. The Contracting Officer shall provide all lists of registered voters required for use on election day and for the early voting period required by law. The election day list of registered voters shall be arranged in alphabetical order by polling place,in lieu of alphabetic by each precinct in each polling place. May S,1001 Wylie City/School Election February S,2001—Page 4 2001-02-08 00:36 972 633 3214 Cltlin County Electi -P 7/16 d. All Early Voting ballots(those cast by mail and those cast by personal appearance)shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be Rose Generalovich. The Board shall meet for preparation of the early voting ballots on Wednesday,May 2,2001,at 9:00 A.M. They will recess and continue the preparation process and begin tabulation after the mail is received on Saturday,May 5,2001,at 2:00 P.M. E. The Contracting Officer shall arrange for the use of all Election Day polling places. The City and School District shall assume the responsibility of remitting the cost of all employee services required to provide access,provide security or provide custodial services for the polling locations. F. The Contracting Officer shall be responsible for establishing and operating the Central Counting Station to receive and tabulate the voted ballots in accordance with Section 127.000 of the Election Code and of this agreement. Counting Station Manager and Central Count Judge shall be Sharon Rowe. The Tabulation Supervisor and Tabulation Operator shall be provided by the Collin County Elections Administration Office and paid as a contract expense. a. The tabulation supervisor shall prepare,test and run the county's tabulation system in accordance with statutory requirements and county policies,under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted on Thursday,May 3,2001,at 2:00 P.M.,by the Contracting Officer. c. Election night reports will be available to the City and School District at the Central Counting Station on election night. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted,and will provide a copy of the unofficial canvass to the City and School District as soon as possible after all returns have been tallied. May 5,2001 Wylie City/School Election February 5,2001- Page 6 2001-02-08 00:36 972 633 3214 Ctltin County Etecti P 6/16 d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. I. Equipment includes the rental of voting and demonstrator machines,ballot boxes,transfer cases,voting signs,directional poles and tote boxes. 2. Supplies include punch card ballots,sample ballots,early voting mail ballots,demonstrator ballots,pens,tape,markers,etc. D. The Contracting Officer,Sharon Rowe,shall be appointed the Chief Deputy Early Voting Clerk by the City and the School District. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. b. Early Voting by personal appearance for the City and School District's May 5,2001,Joint General Election shall be conducted during the time period and at the locations listed in Exhibit"C",attached and incorporated by reference into this contract. c. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, 920 E.Park Blvd.,Suite 120,Plano,Texas 75074. 1. Application for mail ballots erroneously mailed to the City or School District shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. 2. All Federal Post Card Applicants(FPCA)will be sent a mail ballot. No postage is required. May 5,2001 Wylie City/School Election February 5.l001-Page 5 2001-02-08 00:36 972 633 3214 Clllin County Etecti P 8/16 e. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 60 days. 1. Pending no litigation and as prescribed by law,the voted and unused ballots shall be shredded 60 days after the election. 2. The City and School District can obtain the list of registered voters from the Elections Administration Office after this 60-day retention period. Pending no litigation and if the City or School District does not request the lists,the Contracting Officer shall destroy them 90 days after the election. f. The Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the City and School District in a timely manner. The Secretary of State may waive this requirement. If applicable,a written report shall be submitted to the Secretary of State as required by Section 127.201(C)of the aforementioned code. II. DUTIES AND SERVICES OF THE CITY AND SCHOOL DISTRICT. The City and School District shall assume the following responsibilities: A. The City and School District shall prepare the election orders,resolutions, notices,justice department submissions,official canvass and other pertinent documents for adoption by the appropriate office or body. B. The City and School District assumes the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. C. The City and School District shall procure and provide the Contracting Officer with the ballot layout and Spanish interpretation. a. The City and School District shall deliver to the Contracting Officer as soon as possible,but no later than Friday,March 23,2001,the official wording for the City and School District's May 5,2001,Joint General Election. May 5,200!Wylie City/School Ekclio" February 5,2001-Page 7 2001-02-08 00:37 972 633 3214 Clllin County Elect i P 9/16 b. The City and School District shall approve the"blue line"ballot format prior to the final printing. D. The City and School District shall post the publication of election notice by the proper methods with the proper media. E. The City and School District shall prepare and submit to the U.S. Department of Justice under the Federal Voting Rights Act of 1965,any required submissions on voting changes. G. The City and School District shall compensate the Contracting Officer for any additional cost incurred in the process of running this election or for a re-count this election may require. H. The City and School District shall pay the Contracting Officer 90%of the estimated cost to run the said election prior to March 23,2001. The Contracting Officer shall place the funds in a"contract fund"as prescribed by Section 31.098 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury 920 E.Park Blvd.,Suite 120 Plano,Texas 75074 ATTN: Shelley Stiles Deputy Elections Administrator I. The City and School District shall pay the cost of conducting said election, less partial payment,including the 10%administrative fee,pursuant to the Texas Election Code,Section 31.100,within 30 days from the date of final billing. J. The reasonable and necessary expense of holding said joint election will be shared by three entities(City of Wylie,Wylie Independent School District and Collin County Community College District)entering into the joint agreement and the proportionate share of expenses shall be reimbursed to the Contracting Officer. HI. JOINT ELECTION AGREEMENT. The reasonable and necessary expense of holding said joint election will be shared by two entities(City of Wylie and Wylie Independent School District)entering into the joint agreement and the proportionate share May 5,2001 Wylie City/School Election February 5,200I-Page 8 2001-02-08 00:37 972 633 3214 Ctltin County Electi R 10/16 of expenses shall be reimbursed to the Contracting Officer. See Exhibit"A",attached and incorporated by reference into this contract. IV. GENERAL PROVISIONS. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the City and School District's May 6,2000,Joint General Election is to be filed or the place at which any function is to be carried out,or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request,the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the City and School District. C. If the City and/or School District cancel their election pursuant to Section 2.053 of the Texas Election Code,the Contracting Officer shall be paid a contract preparation fee of$75. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the May 6,2000,Joint General Election. All actual shared costs incurred in the conduct of the election will be divided by the actual number of entities contracting with the Contracting Officer and holding a May 6,2000,Joint General Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County,Texas. VI. COST OF SERVICES. See Exhibit"D",attached and incorporated by reference into this contract. May 5,2001 Wylie City/School Election February S,2001—Page 9 2001-02-08 00:37 972 633 3214 Clain County Electi P 11/16 WITNESS BY MY HAND THIS THE DAY OF 2001. Sharon Rowe Elections Administrator Collin County,Texas WITNESS BY MY HAND THIS THE DAY OF 2001. Attested: Barbara Salinas Mike Collins City Secretary City Manager City of Wylie,Texas City of Wylie,Texas WITNESS BY MY HAND THIS THE DAY OF 2001. Attested: John Simmons Dr.John Fuller Wylie Independent School District Superintendent Wylie,Texas Wylie ISD Board of Trustees Wylie,Texas May 5,2001 Wylie CitylSchool Election February 5.2001—Page 10 2001-02-08 00:37 972 633 3214 Clllin County Electi P 12/16 Exhibit"A" JOINT ELECTION AGREEMENT between The City Council of the City of Wylie,Texas(the City)and the Board of Trustees of the Wylie Independent School District(the School). BY THE TERMS OF THIS AGREEMENT,the City and the School do hereby agree, pursuant to the provisions of the Texas Election Code,to hold a joint election for the General Election to be held on Saturday,May 5,2001. The Collin County Elections Administrator(Election Administrator)shall perform various duties and responsibilities on behalf of the two entities. The two entities shall share equally in shared expenses which include:polling location expenses,election officials,supplies,ballots and any other and all necessary expenses for the election upon receipt of satisfactory billing and invoices reflecting the total of such election. Expenses unique to one entity shall be billed solely to that entity. Tabulation and centralized costs shall be shared equally between the number of entities holding an election on May 5,2001. APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE in its meeting held the day of ,2001,and executed by its authorized representative. By: Attest: John Monday,Mayor Barbara Salinas,City Secretary APPROVED BY THE TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT in its meeting held the day of ,2001,and executed by its authorized representative. By: Attest: Dr.John H. Fuller,Superintendent John Simmons,Business Manager 2001-02-08 00.38 972 633 3214 Clllin County Electi P 13/16 EXHIBIT B Early Voting Locations and Hours ,Collin County SubCourthouse 920 E.Park,Suite 120 Plano (Main Early Voting Location) Wylie Municipal Building 2000 N.Hwy 78 'Wylie Sudsy Moadsy Tuesday Wsdseaday Thursday Prey Sohlwail April15 April 16 April 17 April 18 April 19 April20 April21 Sam-5pm Sam-5pm Sam-5pm April 22 April 23 April 24 April 25 April 26 April 27 April 28 Sam-Spm 8am-5pm Sam-Spm Sam-7pm Sam-Spm Sam-Spm April 29 April 30 May I May 2 May 3 May 4 May S Sam-Spm Sam-Spm 7am-7pm ELECTION DAY 2001-02-08 00:38 972 633 3214 Cl in County Electi P 14/16 EXHIBIT C Election Day Polling Locations Precincts ration Area 0 25, 125 Southfork Mobile Home 216 Southfork Wylie Center 27,33,41,56,83 ? Wylie 2001-02-08 00:38 972 633 3214 Clllin County Electi P 15/16 City of Wylie- Estimated Contract Cost-Exhibit"D" 02/OS/01 i 1:58 AM ELE125 May 5,2001 SUPPLY COST-CITY ONLY Punch Card Ballots 500 $61 per M $30.50 Sample Ballots 20 $0.45 each $9.00 Early Voting Mail Ballots 10 $0.50 $5.00 Demonstrator Ballots 50 $5 per C $2.50 Frames (Ballot Pages) 3 $6.50 each $19.50 Ballot Style Setup by the Printer 1 $30 each $30,00 Total Estimated Cost-City Only $96.50 SUPPLY COST-CITY&WISD Punch Card Ballots 1500 $61 per M $91.50 Sample Ballots 40 $0.45 each $18.00 Early Voting Mail Ballots 30 $0.50 $15.00 Demonstrator Ballots 500 $5 per C $25.00 Frames (Ballot Pages) 7 $6.50 each $45.50 Early voting and election day kits 3 $25 each $75.00 Cental Counting kit and supplies 1 $50 each $50.00 County precinct maps 3 $5 each $15.001 $30 each $ Ballot Style Setup by the Printer $365.00 NAM Total Estimated Supply Cost-City&WISD RENTAL OF EQUIPMENT- CITY ONLY Voting Machines 3 $30 each $90.00 Total Estimated Rental-City Only $90.00 RENTAL OF EQUIPMENT-CITY&WISD Voting Machines 7 $30 each $210.0010.00 Transfer Cases 2 $5 each $10.00 Boxes 4 $5 each $20.00 Metal Signs 4 $1 each $4.00 Wood Signs 4 $2 each $10.00$8.00 Large Early Voting Signs 2 $5 each Early Voting Cabinet 1 $50 each $50.00 Demonstrator Voting Machine 3 $5 each $15.00 Directional Poles 4 $0.50 $2-02 $1 each Tote Boxes Total Estimated Equipment Rental-City&WISD $331.00 EARLY VOTING COSTS-CITY & WISD Mailed Ballot Kits 4 $1 each $4•00 Postage for mailed Early Ballots 2 $0.52 EACH $1.04 Workers for early voting location 4 #of workers Total hours worked 315.5 $6 per hour $1,893.00 Pickup&Delivery of early voting supplies 1 $25 per poll $25.00 Assemble Early Voting Location 1 $48 per site $48.00 1 $30p per site $ 800 Early Voting Computer at site Total Estimated Early Voting Costs-City&WISD $2,271.04 EARLY VOTING BALLOT BOARD-CITY ONLY $30.88 Total Estimated Early Voting Ballot Board-City Only $30.88 2001-02-08 00:38 972 633 3214 Gitlin County Electi P 16/16 02/08/01 page 2 ELECTION DAY-CITY&WISD 9 #of election poll workers 103.25 $6 per hour $619.50 Total hours worked 2 $25 per poll �� *of delivery fees to election judges $669.50 Total Estimated Election Day Costs-City&WISD ADMINISTRATIVE EXPENSES-CITY&WISD Manual recount per Election Code $60.00 WAIVED $0.00 $19.50 worker checks Process early voting and poll13 $1.50 each6 $1.50 each SUM #of mail election judge notices $28.50 Total Estimated Administrative Costs-City&WISD TABULATION AND CENTRALIZED COSTS SHARED BY ALL ENTITIES $1 �� .00 Tabulation Network $1,�00 Programming $6 per hour $744.50 Cost for central count workers 7.65%of applicable $2,153.74 FICA on election workers $557.9t3 Notice of tabulation test $$557.98 Early Voting personnel Plano 0.0 330 0 Early voting computer in Plano $$30.0 5 County overtime and temporaries FICA&Retirement for County employees $10,692i5 Total Estimated Tabulation And Centralized Costs SUMMARY OF COSTS $96.50 Total Estimated Cost-City Only $90 50 Total Estimated Rental-City Only Total Estimated Early Voting Ballot Board-City Only $217 3g - Total Total Estimated Supply Cost-City&WISD $365.00 $331.00 Total Estimated Equipment Rental-City&WISD 2 Total Estimated Early Voting Costs-City&WISD $ 271.04 '27g.50 Total Estimated Election Day Costs-City&WISD $ Total Estimated Administrative Costs-City&WISD $3,665.� Total 2 Expense divided by number of entities sharing early voting and election day polls l $1 832 52, City of Wylie&Wylie ISD 10 .3$ 92 Total Estimated Tabulation And Centralized Costs $ 92 35 Total 9 Expense divided by total number of entities contracting with County for May election $1 188 09� (Possible 2-12 entities) $3,237.94 Entity's share of expenses $,3 .9 County Election Officer's Administrative Charge at 10% $3,561.73 Total expense to entity for May 5,2001 Election $3,205.56 90% due prior to March 23, 2001 WYLIE CITY COUNCIL AGENDA ITEM NO. I. February 13, 2001 Issue Consider and act upon appointing a replacement to the Library Board for an unexpired term ending in July 2002. Background Gerry Whitt was appointed to the Library Advisory Board in July 1998. She has moved out of the City of Wylie and resigned her board position. The term expires July 2002. Financial Considerations N/A Other Considerations Article 8, Section 2(c) sets the qualifications for members of the Library Advisory Board. Members of the Library Board must be a resident of the City of Wylie for at least 12 months preceding the date of appointment; be knowledgeable in the affairs of the City and be knowledgeable in the functions and activities of the Board. Board/Commission Recommendations N/A Staff Recommendations Only two applications were on file with the City Secretary's office. Both applications are attached. Attachments Board Applications Prepared by Revie d by Finance City Manager A►,oval Board and Commission Information & Application Zoning Board of Adjustments Consists of 5 members and 2 alternates who meet on an"as needed"basis to consider applications for variances to zoning ordinance regulations. The board hears appeals regarding determinations of the Zoning Administrator, and considers action concerning non- conforming uses. Library Board Consists of 7 members who meet on the 2nd Monday of every month and advise the Council on library services and programs. Parks and Recreation Board A 7 member board which meets the 4th Monday of every month and advises the Council on acquisitions, maintenance, operation and use of parks, playgrounds,and open spaces. Construction Code Board Consists of 7 members who meet on an"as needed"basis to review building code requirements. Plumbing, contractor, and electrical experience helpful. Ambulance Advisory Board Consists of 3 members who meet on an"as needed"basis and advise Council on ambulance services. Planning and Zoning Commission A 7 member board that meets the 1st and 3rd Tuesday of every month to review rezoning applications,subdivision plats and site plans,and advise Council regarding comprehensive planning issues. Wylie Economic Development Corp.Board Consists of 5 members who meet the third Tuesday of each month and recommends to Council funding priorities to assist new, prospective and existing businesses. CITY OF WYLIE Boards & Commission Application p Please type or print I } Full Name:Ptc y Pate,fe,c�C Home Address: 16 V a ,(i n 1a/' f�srst Y. 7Z PD�f ai ing Addr u e o. City Home Phone: '7 2-4 41 Z- q 5g G Business Name: Business Address Mailing Address/Suite No. City State zip Business Phone: I have been a resident of the City of Wylie for I years. Are you a qualified voter of the City of Wylie: 1AYes ❑No Please indicate your first,second and third preference for service below. _Planning and Zoning Commission __Zoning Board of Adjustments Library Board _Ambulance Advisory Board _Construction Code Board Parks&Recreation Board _Wylie Economic Development Corporation Board Please list any special skills or qualifications: Why(� do you desire to serve on these boards??p _) T6144iik,GCS Oa f � 1, a4t4- — 1 (��`'Y14.�,J C 9�� � -PE.. 61,.E �5:� - 9R of at, ��� Si:t i;t re Date Please return completed application to: City Secretary's Office• 2000 Hwy.78 North • Wylie,Texas 75098 CITY OF WYLI E BOARD AND COMMISSION APPLICANT QUESTIONNAIRE ri Fa Name• : r I e k .:Address � Phone ' -442 . '5-8:z (home) -= (business). Thank you for your interest in serving on a board and/or commission. In order to learn more about you, we sincerely appreciate your completion of the following questionnaire. After completion, please return to the City Secretary's Office in the enclosed/self addressed envelope. Thank you. Have you served on a City of Wylie Board or Commission previous to this application? If so, please list the board/commission and when you served. STOE.c1 What other civic involvement do you currently have in Wylie or may have had in previous communities? )3cforF) nit-) rf7/n hallosok cid / C. r0 .c,[5 .(1)Suc)rlf•n Afan4- ¢Jpa}"i, SI„Ato - 1-0y5 C21 Ctil1c i S 111 cbs.tni, 04. ) LA L' •l 3� Ckl� 1',rr,s Tuvt Pvi.sts i h..q -car X"'FJI • How long have you been a resident of the City of Wylie and what was it about Wylie that influenced your decision to make Wylie your home? l V1ct�E, 1 ; oc kteL only ( V r . _ t MtiI br Av is� c` mt. -to '1Ao +ke, 1111t �l -continued on reverse- Applicant Questionnaire-continued What is your idea of a balanced community? Srnnll ninv pe ;� C�tr ?. ce,s cp+5 al1 aI' rl4-)1 lots oC sin a l\ packs What type of community do you envision when you think about Wylie 10 years from today? GcOw+h -fa work w.11-k lock •-k 'tar E )(pc .s5 _Car()lc E. (vele_ orel'ranf (i)orichr (1)4k 1�1 knt� I tA)©rki n1 w +J 1-I4aTc\ /ftuS Eu r,� -to use mar E_ / cr)- N)l: p)an4S L k;n W tt k C u n+Y 'l n-I-S +t> +f a 4. 4w r c C'nrl►5'F r W tftt o r rc)aa-F r 5 c e �� What type of commitments do you currently have with your job, travel and/or family that might cause limitations of your time? dOn 2- • Do you have your family's support in this endeavor? y�S What contributions do you hope to make by serving on a board/commission? 1.- 5e,r✓ OtA\IL 9rouOinci anc) op E o 6 E.(1.fa)�- a, E r ('.1 t +7� rt C� n 4 In [ r A ��o Um F _ r°7'" t ,� ( 5f-n r r - P q cl�iY_�n5 Boards Commission App Spring loon Name. Please indicate your first,seco d anal third preference belo7w: .: 'Tannin and Zoning Commission Construction Code Board g Zoning Board of Adjustment Parks&Recreation Board ::Library Boari' Wylie E velopment Corporal c onouuc De ion Board ;Ambulance Advisory Board LI Yes, I would be interested in:serving on;Subcommittees that may beformed Personal Information Occupational Information Home Address: 5 0 7 CA,54- 1)A IC- Business Owner? 0 Yes No <`Telephone: '3 c� - � c';- 54' 6 Business Name: Fax: E-mail: 1 5( ' ,`. b t {%\3 7.cdUOccupation: r A l r(.�r1c.1 T) C"i(43x' "r",'�,r-• I have been a Wylie Resident for 7 years Business Address: 3c-r�o F: J`1' I , (-' 1m _,'. -?K;'.. Registered voter? Rites 0 No Telephone:q.7. • 5)q- Fax: C"' - ' ` L '1 Please indicate briefly why;you would take to be;appointed to a Board or commission: 1 , W,D,(3, \ \ % ie'1 yP\ 1:1 '-,1 ', ..7.) `1)-.q._ `f A J./lc (�` )_t..ir'4r.-`i`: ;,h•-?-- n „ Qr ( '_ ,t, (2Crc'�a !-?;',r^.,f t=ar,•• i...,.,'Fr n)I+l._ ' ?- fist, P-) 11 e 1') '1. rr,o p1-k -A r r 1 t17C rr'r LI 47 c /'1 c -r C.7.4 O b J i-t e c . T `ry,I ,..n 1,\0,04 ( 001r1 -cl! 0H? 1 pe,15u ..: r (#0111 lz.b v.,I) c )t- r•A,z (nr,, H, La laawarefthegdatesardl oftheba convn on haeapplerdandifippautedIag onthe Bord/Comnussionwhichmha `vedorwold . er:an alteiiiii ppoinbnenttvasecond orthirdseyeeprferenee c5(,...ry ..til "t4A.,,,,, ' • R 11J..4. + 7 Signature ate OFFICE USE ONLY Da pplication Received 676/b0 P Attended May 2000 Applicant's Reception • ' O Applicant Interview scheduled: . ❑ Appointment made to: Term Expires:_ . O Statement&Oath Complete O No Appointment made at this time. Retain application until May 2001. Boards 8 Commission Applicant Questionnaire Spring z000 • 1�ame � ,. � � III Have you served on a City of Wylie;Board or Commission previous to this application? If so;'please list:the bo•ard/commissiaxi and when you serveP • N)r What other civic involvement do you currently have rn ;Wylie or ay have.•had in previous commrrnities? IA a re_Iram,ca�- ( (1) �/f (s p�.)Lf ..,. n"I l r� (,.�.:. .� r- -y'3 "-i ,', .)4' /� �L rs.-)3e. rdi I?.e+,a �* T• '''�.•� •�'''. ( 'a '1'='iv:,. ';,i .i ee i tl!�e.!, , ♦ Y I � 1 •Qi i��Q f� 1. 1 J•- -m) (1'. C} '. ed-' Howlong have you been a resident o,J the City o,f` ylre and what was it aborct Wylie that influenced your:decision to make Wylie your home? he-Q. ht.Pan n rr5\All') S 1,ne..o 199 01,1: . e?c, l.J • -continued on reverse- Board&Commission Questionnaire-continued Spring 2000 What is your idea ofa balanced communiz ? not icr/vd rom -)e?di 04(5 9,A) .0 11_1'1111r t• ) 0 •QS O , 6C-1\11•Qa K.,A1 say-3 a c ) b \..) hvec!A OPY t (1) rav f re'fa1 I eo 54-s.bl jhrt°411.-6 , bOqC iv") Yfic-4')4-51 iNiejSI cIldd • . t.f1:1141156etroinnbuan4, yoihncWo%then you think aboutWjlie:10j:. ears from C I. jiyh/ Shil ht.:3 41-% C - a tr r\ f‘ I \t-Zk5k Ckk -11-\,t5 e r.(t. 4m 4- IA)t0 _0 tr,,1 °Air) Avo 4,1)1711-te \.) wfio:op.o.:*f 000**040.....i.10,0#:;::c#0,00.g '#10k.)*kji.0i4i-joNi#4001.:!044/0tif.4011.7:that akteWilt 10: 1./J-4 Pler,0 .71_50 („.3)-) ‹) yIntt. - , —r a ci o Psi A) „ L./ 0 clizt‘ k)- kl /1. • . P\e. d -111,Qt.:,')c-1 ., G ,./ Dayou have your family's support in this endeavor? . .... ... .: t M o4 64. .//t t.J.I ae-ti-Aiy.,,r1 (1-1* Cc - - lev,k ` What con tributions do you hope to make by serving on a board/commission? - - - J.__ 1\2 -4,11 p sr /1"k ref‘rec. i' d priNo -tri-) 11.4-„ ) ,(11 r.„11 c cAr,c1n . 4); k a to t 41-C'ci.J At Pj 1-\? o cf.h,\)• ii.‹) • WYLIE CITY COUNCIL AGENDA ITEM NO. 2) February 13, 2001 Issue Consider an act upon an Ordinance repealing Article VI, Chapter 78, Sections 78-231 through 78-242 of the Wylie Code of Ordinances; repealing all conflicting ordinances and adopting a separate Athletic Fields Policy to be administered by the City of Wylie Parks and Recreation Department. Background On August 22, 2000, Council adopted Ordinance No. 2000-14 that amended Chapter 78, Parks and Recreation, Article VI, Section 78-243, Use of Funds. Due to the elimination of the Community Park Fund in the 2000-01 Annual Budget and the need to have better control and flexibility of park use by the Parks and Recreation Department, any and all conflicting ordinances need to be repealed. Since the Parks and Recreation Department administer the policies regarding the use of the Athletic Fields, there is no need for the policy to be included within the ordinance. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation The Parks and Recreation Advisory Board unanimously recommended approval of the Athletic Field Policy at the November 27, 2000 meeting. Staff Recommendation Staff recommends the new Athletic Field Policy be administered in conjunction with normal operating procedures of the Parks and Recreation Department. Attachments Article VI, Chapter 78 New Athletic Field Policy Lb/ 0 I/ // Prepared b` ' evie ar by Finance / City anager royal PARKS AND RECREATION $78-153 duties to be in any municipal park between the Sec. 78-150. Peddling and vending of arti- hours of 12:01 a.m.and 6:00 a.m.unless one of the cies. exceptions of this section apply. (Ord.No. 78-18,art.I,§ 1,6-13-78;Code 1991,ch. It shall be unlawful for any person to solicit for 1, § 6.01; Ord. No. 93-45, § I(6.01), 10-12-93) sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, can- Sec. 78-147. Parking. dies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recre- (a) The city parks and recreation board is hereby ation or community center facility;provided,how- authorized to recommend areas in which parking ever, that this section shall not apply to any of motor vehicles should be prohibited, and/or person, organizations, firms or corporations, or hours during which motor vehicle parking should the agents of any person, or organization, firm or be prohibited in any city park or recreation or corporation, or employees of any person who are community center facility. recommended by the parks and recreation board (b) It is hereby required that signs be erected and approved by the city council to operate a marking the no parking areas and giving re- concession or concessions for the sale of specified stricted hours during which motor vehicles may goods, wares, and merchandise within the city not be left parked. It shall be unlawful for any park or recreation or community center facilities person to park a motor vehicle within the desig- of the city. nated no parking areas in any city park, or (Ord.No.78-18,art.I,§7,6-13-78;Code 1991,ch. recreation or community center facility or to have 1, § 6.06) a motor vehicle parked in any city park or recre- ation or community center facility other than Sec. 78-151. Horseback riding. during designated hours in which parking is allowed. It shall be unlawful to ride or lead a horse or (Ord. No. 78-18,art.I,§2,6-13-78;Code 1991,ch. pony anywhere or any place within the city park 1, § 6.02) or recreation or community center facilities, ex- cept on streets or paths designated by signs for Sec. 78-148. Feeding of animals. such (Ord.purpose.No. 8-18,art.I,§8,6-13-78;Code 1991,ch. It shall be unlawful for any person to feed any 1, § 6.07) animal in any city park,recreation or community center facility, except that breads, fruits, vegeta- Sec. 78-152. Speed limits for vehicles. bles and nuts may be fed to the birds and squir- rels. It shall be unlawful to operate any motor vehi- (Ord. No. 78-18,art.I,§3,6-13-78;Code 1991,ch. cle of any kind or nature whatsoever or any 1, § 6.03) bicycle or motor bike at a speed in excess of 20 Sec. ?8-149. Possession, consumption and miles per hour within the city park or recreation or community center facilities. use of alcoholic beverages;glass (Ord.No.78-18,art.I,§9,6-13-78;Code 1991,ch. containers. 1, § 6.08) (a) It shall be unlawful for any person to sell, State law reference—Regulating speed in public parks, give away, possess or consume any alcoholic bev- erage, as defined in V.T.C.A., Alcoholic Beverage Code § 1.04, in any city park. Sec. 78-153. Disorderly conduct. (b) It shall be unlawful for any person to pos- It shall be unlawful for any person to willfully sess or use any glass container of any kind or interfere with, disrupt, or prevent the orderly nature in any city park. conduct of any supervised play or amusement (Code 1991, ch. 1, § 6.05; Ord. No. 92-1, § 1, program being conducted by the city parks and 1-14-92) recreation department or the city sports associa- CD78:7 $78-153 WYLIE CODE tion in any building, swimming pool, playground background with letters, using not less or park area located in or on any public property than two-inch lettering. The signs shall be within the city. permanently affixed to a stationery post, (Ord. No. 87-27, 5-26-87; Code 1991,ch. 1, §6.09) and the bottom of the sign shall be six feet, State law reference—Disorderly conduct,V.T.CA.,Penal six inches above the finished grade. The Code$42.01. signs shall be spaced not more than 100 feet apart. The signs may be installed on Secs. 78-154-78-185. Reserved. permanent buildings, walls or along the roadside or path of the park or as approved DIVISION 2. PARKING IN COMMUNITY by the city manager or his designee. PARK (2) Pavement markings shall be marked by painted lines of yellow traffic paint six Sec. 78-186. Definitions. inches in width to show the boundaries of The following words, terms and phrases, when the no parking zones. The words "no park- used in this division, shall have the meanings ing zone" shall appear in four-inch white ascribed to them in this section,except where the letters at ten-foot intervals on the yellow context clearly indicates a different meaning: boarder marking along both sides of the no parking zones. No parking means an area designated for un- (3) Curb markings shall be painted in yellow obstructed access on a street, path or road. traffic paint from the top seam of the curb (Ord. No. 96-26, § 1, 7-9-96) to a point even with the driving surface. Cross reference—Definitions generally,$ 1-2. The words "no parking zone" shall appear in four-inch white letters at ten-foot inter- Sec. 78-187. Penalty for violation of divi- sion. vals along the curbs. (Ord. No. 96-26, § 3, 7-9-96) Any person violating any provision of this divi- sion shall be deemed guilty of a misdemeanor Sec. 78-190. Enforcement of division. and, upon conviction, shall be fined in the sum of not more than $500.00 for each such violation. The no parking zone provided in this division (Ord. No. 96-26, § 5, 7-9-96) shall in no way be obstructed. The police depart- ment is authorized to issue citations and/or re- Sec. 78-188. No parking areas. move or cause to be removed any material or vehicle other than an emergency vehicle which is No parking shall occur where designated no obstructing a no parking zone at the expense of parking signs are placed within Community Park. the owner of such material or vehicle. Only emergency vehicles will be allowed in these (Ord. No. 96-26, § 4, 7-9-96) designated areas. (Ord. No. 96-26, § 2, 7-9-96) Secs. 78-191-78-230. Reserved. Sec. 78-189. Signs and markers notifying public of no parking zones. The city manager, or his designee, shall be ` TIC VI. ATHLETIC FIELDS responsible for installing markers and, if neces- sary, signs to properly notify the public of the Sec. 78-231. Administration,purpose,objec- location of the no parking zones. The proper tives of articles. markings shall be one of the following: (a) This article is to be administered by the city (1) Signs shall read "no parking zones" and parks and recreation department in regard to the shall be 12 inches wide and 18 inches high. use of outdoor public recreation areas for athletic The signs shall be painted on a white activities. CD78:8 PARKS AND RECREATION §78-233 (b) The purpose of this article is to serve as a Season Sport Dates guide for the comprehensive and effective usage of outdoor athletic areas owned,leased,scheduled Fall Soccer Third weekend in Au- or otherwise controlled by the city parks and gust through second recreation department. weekend in November Baseball/ August 1 through third (c) It is the intent of this article to provide a softball weekend in November basis for establishing the following objectives: Football Second weekend in Sep- (1) A method of communicating the available tember through last inventory of allocatable athletic facilities to weekend in November qualified requestors for usage of such facil- Winter None ities. (Ord. of 2-27-96) (2) The implementation of a system of facili- ties allocation producing results most ben- Sec. 78-233. Athletic field allocation. eficial to those persons who live in the Wylie Independent School District(W.I.S.D.). Individuals, organizations or groups requiring (3) The athletic field policy is by the terms a facilities for practice and/or league games will guideline for the use and operation of the submit their request in writing to the city parks Community Park facilities,and as such the and recreation department not earlier than 60 terms and provisions are necessarily sub- days nor later than 30 days prior to the beginning ject to same variance and deviation. Pro- of the sports season. Any request less than 30 vided, however, that any such variance days before the beginning of the sports season will shall be allowed only on the written ap- be accommodated if all others who met the 60/30- proval of the superintendent of parks and day requirement field needs have been met and recreation,and such written approval shall fields are still available for play. All requests be effective if all of the following conditions should address the following: have been satisfied: a. The effect or result of the requested (1) Individual's/organization's/group's name. variance will not result in allowing any (2) Starting and ending dates for practice and actions or activities which are in con- league play. flict with the spirit and intent of the (3) Days of week, times and fields being re- general purpose of this article; quested. b. There is not sufficient time to bring the issue before the parks board and city (4) Participation estimates. council for approval; and Field allocations will be based upon total game c. The variation is approved by the city units per week as per available facilities in order manager or his representative. to maximize use of all facilities. The city parks (Ord. of 2-27-96) and recreation department will respond to each request with a written approval, denial or a Sec. 78-232. Sports season. statement of conditions to be met upon accep- The season for various sports is as follows: tance of approval. Final registration estimates and current participant registration figures must Season Sport Dates be submitted by each approved individual, orga- nization or group two calendar weeks after the Spring Soccer February 1 through start of the specific sport season. If actual regis- fourth weekend in April tration numbers are more/less than the registra- Spring/ Baseball/ March 1 through July 31 tion numbers, the city parks and recreation de- summer softball partment may increase/decrease the individual's, CD78:9 §78-233 WYLIE CODE organization's or group's field allocations in order game play. If field usage fees are not paid within to ensure an equitable allocation of fields to all 30 days of the start of game play, an additional individuals, organizations or groups. charge of ten percent of the original balance due (Ord. of 2-27-96) will also be levied.If the original balance due plus the ten percent additional charge is not paid Sec. 78-234. Athletic field reservations. within 45 days of the start of game play, field use privileges are subject to being denied until all (a) Athletic fields will be reserved as equitably monies are paid in full. Those using fields on a as possible to accommodate as many individuals, one-time basis shall pay field usage fees before organizations or groups as possible. Youth who field use. A receipt shall be issued by the city live in the W.I.S.D. will be given first priority on parks and recreation department containing the field scheduling in all sports. Youth will have following: priority over softball/baseball fields March 1 through July 31 on Monday, Tuesday, Thursday, (1) Individual's/organization's/group's name. Friday and Saturday.Adult teams with at least 70 (2) Team sport/sport season. percent of the players living or working in the W.I.S.D. will be given second priority.Adults will (3) Number of participants. have priority over softball/baseball fields March 1 (4) Amount paid. through July 31 and August 1 through the third (Ord. of 2-27-96) weekend in November on Wednesdays and Sun- days. Youth and/or adults who live outside the Sec. 78.237. Athletic field light usage fee. W.I.S.D. will be given last priority. (b) The use of athletic fields by the general (a) As set forth in the fee schedule in appendix public during nonreserved/noncity maintenance C to this Code per hour per field will be charged times are on a first come, first served basis. for reservation in which lights are utilized. Res- Reserved fields/city maintenance will take prior- ervation sessions vary through the course of a ity over nonscheduled activities. The city parks calendar year to coincide with sunset. The city and recreation department will be the final au- parks and recreation department shall determine thority as to athletic field reservation use. the reservation sessions. The following schedule (Ord. of 2-27-96) approximates the availability of reservation ses- sions: Sec. 78-235. Athletic field reservation time slots. February/March 5:00 p.m.-6:00 p.m. Athletic fields will be reserved in one-hour 6:00 p.m.-7:00 p.m. increments with the first field usage beginning at 7 p.m.-8:00 p.m. 8:00 a.m. and last ending at 12:00 midnight, 8:00 p.m.-9:00 p.m. Monday through Saturday. Sunday field usage 9:00 p.m.-10:00 p.m. begins at 12:00 noon and ends at 11:00 p.m. 10:00 p.m.-11:00 p.m. (Ord. of 2-27-96) 11:00 p.m.-12:00 midnight* April 6:00 p.m.-7:00 p.m. Sec. 78-236. Athletic field reservation usage 7:00 p.m.-8:00 p.m. fee. 8:00 p.m.-9:00 p.m. A fee as set forth in the fee schedule in appendix 9:00 p.m.-10:00 p.m. C to this Code per person, per sport season, for 10:00 p.m.-11:00 p.m. individuals,organizations or groups will be charged 11:00 p.m.-12:00 midnight* for the use of reserved athletic fields. This fee May 7:00 p.m.-8:00 p.m. shall be paid to the city parks and recreation 8:00 p.m.-9:00 p.m. department by the responsible individual,organi- zation or group within 30 days after the start of 9:00 P•m•-10:00 p.m. CD78:10 PARKS AND RECREATION § 78-239 10:00 p.m.-11:00 p.m. (d) A cash receipt shall be issued by the city 11:00 p.m.-12:00 midnight* parks and recreation department at the time the light fee is paid. This receipt shall contain the June/July/ following: August 8:00 p.m.-9:00 p.m. 9:00 p.m.-10:00 p.m. (1) Individual's/organization's/group's name. 10:00 p.m.-11:00 p.m. (2) Team sport. 11:00 p.m.-12:00 midnight* (3) The dates and hours of light usage. September 1-15 7:00 p.m.-8:00 p.m. (4) Amount paid. 8:00 p.m.-9:00 p.m. (Ord. of 2-27-96) 9:00 p.m.-10:00 p.m. Sec. 78-238. Athletic field marking/chalk us- 10:00 p.m.-11:00 p.m. age fees. 11:00 p.m.-12:00 midnight* September 16— (a) All fees for athletic marking/chalk usage on 30/October 6:00 p.m.-7:00 p.m. any athletic fields, except baseball/softball tour- 7:00 p.m.-8:00 p.m. nament use, will be split 50/50 between the city 8:00 p.m.-9:00 p.m. parks and recreation department and those re- serving fields. The 1996 fee for standard field 9:00 p.m.-10:00 p.m. marking is as set forth in the fee schedule in 10:00 p.m.-11:00 p.m. appendix C to this Code. 11:00 p.m.-12:00 midnight* November 5:00 p.m.-6:00 p.m. (b) Fees will be billed in arrears except for one-time field usage, which will be payable in 6:00 p.m.-7:00 p.m. advance. Fees are due within 30 days of the 7:00 p.m.-8:00 p.m. statement date.If fees are not paid within 30 days 8:00 p.m.-9:00 p.m. of the statement date,an additional charge of ten 9:00 p.m.-10:00 p.m. percent of the original balance due will also be 10:00 p.m.-11:00 p.m. levied. 11:00 p.m.-12:00 midnight* (c) If the original balance due plus the ten *See athletic field reservation time slots in section 78-235 percent additional charge is not paid within 45 pertaining to the day of the week. days of the statement date, field use privileges (b) Athletic field light usage fees shall be billed are subject to being denied until all monies due are paid in full. in arrears. Light fees are due within 30 days of the statement date. If light fees are not paid (d) A cash receipt shall be issued by the city within 30 days of the statement date, an addi- parks and recreation department at the time tional charge of ten percent of the original balance athletic filed marking/chalk usage fees are paid. due will also be levied. If the original balance due This receipt shall contain the following: plus the ten percent additional charge is not paid (1) Individual's/organization's/group's name. within 45 days of the statement date, light use privileges are subject to being denied until all (2) Team sport. monies due are paid in full.Those using Iights on (3) The dates of markings and chalk used. a one-time basis shall pay light usage fees before (Ord. of 2-27-96) light use. (c) If reserved field lights are not used, the Sec. 78-239. Athletic field reservation for parks and recreation department must be notified basebalUsoftball tournament within one week after the scheduled practices, use. games or times in order that a credit or refund (a) Request for athletic fields for tournament will be given. use shall be made in writing. The city parks and CD78:11 §78-239 WYLIE CODE recreation department requests 21 days' advance Athletic fields for nonreserved general public use notice.The price per field reservation fees are as or reserved practices are accepted on an as-is set forth in the fee schedule in appendix C to this basis. Code. (Ord. of 2-27-96) (b) A security deposit as set forth in the fee Sec. 78-241. Cancellations. schedule in appendix C to this Code per field reserved shall be paid at least seven days in (a) A person may cancel a field reservation and advance of the scheduled tournament. The de- be issued a credit or refund up to 24 hours prior to posit shall be credited toward any monies due for the field reservation. A credit or refund will be the tournament, with any remaining monies due issued with less than 24 hours'notice of cancella- payable before scheduled tournament begins.All tion if the city parks and recreation department is monies paid will not be refundable unless a field able to rent the athletic field to another party or if is not playable due to weather conditions, wet field maintenance preparation of the reservation field conditions or for necessary maintenance.If a has not started.This subsection does not apply to file is not playable due to such conditions, a tournament use. See athletic field reservation for refund or credit will be given.The city parks and tournament use in section 78-239. recreation department will be the final authority (b) Any and all athletic field use may be can- as to athletic field use. celed by the city parks and recreation department (c) A cash receipt shall be issued by the city due to weather conditions,wet field conditions or parks and recreation department at the time the for necessary maintenance. If a reservation is fee is paid and the reservation is confirmed.This canceled, a credit or refund will be issued. It will receipt shall contain the following: be the responsibility of the city parks and recre- ation department to determine the playing ability (1) Individual's/organization's/group's name. of each field. Athletic field information will be (2) The day, time and field being reserved. placed on the city's athletic hotline no later than 4:00 p.m., Monday through Friday. The athletic (3) Amount paid. field hotline phone number is 442-8199. (d) A tournament is defined as team competi- (c) In the event of such conditions occurring tion separate and distinct from league play involv- after 4:00 p.m., Monday through Friday, or all of ing the payment of an entry fee or additional fees Saturday and/or Sunday, games can be called off in which to participate. League practices and/or by league directors, commissioners or the um- games shall take priority over tournaments. A pines. If play is allowed and significant damage is curfew of 12:00 midnight shall be imposed on all done to athletic fields, the responsible person/ tournaments utilizing lights, Monday through party who allowed play will be held responsible Thursday, and 1:00 a.m. on Friday and Saturday. and sanctions may be imposed. A curfew of 11:00 p.m. shall be imposed on Sun- (Ord. of 2-27-96) days. (Ord. of 2-27-96) Sec. 78-242. Responsibility for cleanliness. Any and all parties seeking athletic fields for Sec. 78-240. Responsibility for equipment use accept responsibility for the wellbeing and and marking. cleanliness of facilities during and after their use. The city parks and recreation department will (Ord. of 2-27-96) provide home plate, pitching rubbers, base dis- Sec. 78-243. Use of funds. tance markers on fences and will drag and mark baseball/softball infields for fee paid game/tour- Any and all funds collected by the city parks naments reservations. Soccer and football fields and recreation department will be used primarily will be marked for fee paid game reservations. for the maintenance and/or upgrading of athletic CD78:12 • PARKS AND RECREATION §78-243 facilities and the paying of electrical utility bills in regard to athletic field light usage at Commu- nity Park.Secondary use of funds collected will be for maintenance and/or upgrading of other facili- ties at Community Park. All funds collected will be allocated to the Community Park fund. (Ord. of 2-27-96) CD78:13 Athletic Field Policy City of Wylie Parks and Recreation Department This policy is to be administered by the City of Wylie Parks and Recreation Department in regard to the use of outdoor public recreation areas for athletic activities. The purpose of this policy is to serve as a guide for the comprehensive and effective usage of outdoor athletic areas owned,leased,scheduled or otherwise controlled by the City of Wylie Parks and Recreation Department. It is the intent of this policy to provide a basis for establishing the following objectives: 1) A method of communicating the available inventory of a locatable athletic facilities to qualified requestors for usage of such facilities. 2) The implementation of a system of facilities allocation producing results most beneficial to those persons living within the City of Wylie city limits and those living within the boundaries of the Wylie Independent School District. 3) The Athletic Field Policy is by the terms a guideline for the use and operation of the athletic facilities, and as such the terms and provisions are necessarily subject to same variance and deviation. Provided, however,that any such variance shall be allowed only on the written approval of the Superintendent or Assistant Superintendent of Parks and Recreation,and such written approval shall be effective if all of the following conditions have been satisfied: A) The effect or result of the requested variance will not result in allowing any actions or activities which are in conflict with spirit and intent of the general purpose of the policy;and B) There is not sufficient time to bring the issue before the Park and Recreation Board and City Council for approval: and C) The variation is approved by the City Manager or his or her representative. Sport Season Season Sport Spring Soccer 3rd week in January through last weekend in April Spring/Summer Baseball/softball March 1 though July 31 Fall Soccer 3rd weekend in August through last weekend in November Baseball/Softball August 1 through 3rd weekend in November Football 3rd week in August through last weekend in November Winter None Athletic Field Allocation Individuals,organizations or groups requiring facilities for practice and or league games will submit their request in writing to the City of Wylie Parks and Recreation Department not earlier than 60 days no later that 30 days prior to the beginning to the Sports Season. Any request less than 30 days before the beginning of the Sports Season will be accommodated if all others who met the 60/30-thy requirement field needs have been met and fields are still available for play. All requests should address the following: 1) Individuals/Organization/Group name 2) Starting and ending dates for practice and league play 3) Day(s) of week,time(s)and field(s)being requested. 4) Participation estimates P. 2 Field allocations will be based upon total game units per week as per available in order to maximize use of all facilities. The City of Wylie Parks and Recreations Department will respond to each request with a written approval,denial or statement of conditions to be met upon acceptance of approval. Final registration estimates and current participant registration figures must be submitted by each approved individual/organization or group two(2) calendar weeks after the start of the specific sport season. If actual registration numbers are more/less that the registration numbers,the City of Wylie Parks and Recreation Department may increase/decrease the individual/organizations or groups field allocations in order to insure and equitable allocation of fields to all individuals/organizations/or groups. Athletic Field Reservations Athletic fields will be reserved as equitably as possible to accommodate as many individuals,organizations,or groups as possible. Youth who live in the City of Wylie city limits or reside within the boundaries of the W.I.S.D. will be given first priority on field scheduling in all sports. Youth will have priority over softball/baseball fields March 1 though July 3 land August 1 through 3rd weekend in November on Monday, Tuesday,Thursday,Friday and Saturdays. Adult teams with at least 70%of the players living or working within the City of Wylie city limits or within the boundaries of the W.I.S.D.will be given second priority. Adults will have priority over softball/baseball fields March 1 through July 31 and August 1 through the third weekend in November on Wednesdays and Sundays. Youth and/or Adults who live outside the City of Wylie city limits or boundaries of the W.I.S.D.will be given last priority. Note-all league rosters need to be given to City of Wylie Parks and Recreation staff no later than two weeks after the start of a new sport season. Rosters need to include sport played and participant name/address. The use of athletic fields by the general public during non-reserved/non-City maintenance times are on a first come first serve basis. Reserved fields/City maintenance will take priority over non-scheduled activities. The City of Wylie Parks and Recreation Department will be the final authority as to athletic field reservation use. Athletic Field Reservation Time Slots Athletic Fields will be reserved in one(1)hour increments with the first usage beginning at 8:00 am and last ending at 12:00 Midnight,Monday through Saturday. Sunday field usage begins at 12:00 noon and ends at 11:00 pm. Miscellaneous Refer to ordinance for all Athletic Field Usage Fees. The City of Wylie Parks and Recreation Department will provide home plate, pitching rubbers,and will drag and mark baseball/softball infields for a fee paid game/tournaments reservations. Soccer fields will be marked for fee paid game reservations. Athletic fields for non-reserved general public use or reserved practices are accepted on an as-is basis. A person may cancel a field's reservation and be issued a credit or refund upon 24 hours prior to the field reservation. A credit or refund will be issued with less than 24 hours notice of cancellation if the City of Wylie Parks and Recreation Department is able to rent the athletic field(s)to another party or if field maintenance preparation of the reservation has not started. This paragraph does not apply to Tournament use. (See Athletic Field Reservation for Tournament use) Any and all athletic field use may be canceled by the City of Parks and Recreations Department due to weather conditions,wet field conditions or for necessary maintenance. If a reservation is cancelled,a credit or refund will be issued. It will be the responsibility of the City of Wylie Parks and Recreation Department to determine the playing ability of each field. Athletic field information will be placed on the City of Wylie's Athletic Hotline no later than 4:00 p.m.,Monday through Friday. Athletic Field Hotline Number is 972-442-8199. In the event of said conditions occurring after 4:00 p.m.,Monday though Friday or all of Saturday and/or Sunday, league officials,commissioners,or the umpires can cancel games. In the event that play is allowed and significant damage is done to the athletic field(s),the responsible person/party who allowed play will be held responsible and sanctions may be imposed. P. 3 Any and all parties seeking athletic fields for use accept responsibility for the well being and cleanliness of facilities during and after their use. A tournament is defined as a team competition separate and distinct from league play involving the payment of an entry fee or additional fees in which to participate. League practices and/or games shall take priority over tournaments. A curfew of 12:00 Midnight shall be imposed on all tournaments utilizing lights,Monday through Thursday, and 1:00 a.m. on Friday and Saturday. A curfew of 11:00 a.m. shall be imposed on Sundays. WYLIE CITY COUNCIL AGENDA ITEM NO. S. February 13, 2001 Issue Consider and act upon approval of an ordinance to establish Athletic Field Usage Fees, amending the City of Wylie Fee Ordinance No. 98-16, Section 41. Background On August 22, 2000, Council adopted Ordinance No. 2000-14 that amended Chapter 78, Parks and Recreation, Article VI, Section 78-243, Use of Funds. Due to the elimination of the Community Park Fund in the 2000-01 Annual Budget and the proposed update to the athletic field usage fees, we are required to amend the City of Wylie Fee Ordinance, 98-16. If approved, the amendment to the Fee Ordinance will provide the needed revenue to support the current needs of the Parks and Recreation Department in servicing the athletic fields. Financial Considerations N/A Other Considerations Article VIII, Section 2 of the City Charter and Section 78-38 of the City Code identify the duties of the Park Board to serve in an advisory capacity to the City Council on the planning and development of parks and recreation facilities and the regulations governing their use. Board/Commission Recommendation The Parks and Recreation Advisory Board unanimously recommended approval of the updated fee ordinance and Athletic Field Policy at the November 27, 2000 meeting. Staff Recommendation Staff recommends approval of the update to the fee ordinance. Attachments Ordinance No. 98-16, Section 41 (Fee Ordinance) Proposed Amendment to 98-16, Section 41 (Fee Ordinance) 111 Prepared 4 Rev' d by Finance City Ma pproval brush shall be levied,assessed and collected against such property each time such cutting of said weeds shall be performed where the area does not exceed 44,000 square feet.On tracts and lots of land exceeding 44,000 square feet,an additional charge of$37.50 shall be levied,assessed and collected for each additional 44,000 square feet or the major portion thereof. In the event that there are obstructions such as rocks, trees, shrubs, bushes, excavations, foundations of demolished structures or other impediments, an additional charge can be levied, assessed and collected from such premises for the actual cost resulting from the additional expenses incurred therefrom. (b) In the event that it becomes necessary for the City of Wylie,Texas,to go upon property and do or cause to be done the work necessary to seek compliance with section 54-114 of the Code of Ordinances, the actual expenses incurred shall be charged,levied,assessed and collected against such property. SECTION 41.00 CHARGES AND FEES FOR USAGE OF ATHLETIC FIELDS §41.01Athletic field reservation usage fee. A fee of$2.00 per person,per sport season,for individuals,organizations or groups will be charged for the use of reserved athletic fields.This fee shall be paid to the City of Wylie Parks and Recreation Department by the responsible individual,organization or group within 30 days after the start of game play.If field usage fees are not paid within 30 days • of the start of game play,an additional charge of ten percent of the original balance due will also be levied.If the original balance due plus the ten percent additional charge is not paid within 45 days of the start of game play,field use privileges are subject to being denied until all monies due are paid in full.Those using fields on a one-time basis shall pay field usage fees before field use. §41.02 Use of athletic fields for tournaments. (a)The price per field reservation fees arc as follows: Saturday and Saturday nights/Sunday mornings,8:00 a.m.--1:00 a.m. includes light fee and field marking $100.00 Saturday and Saturday night/Sunday morning,8:00 a.m.Saturday--6:00 a.m.Sunday includes light fee and field marking 130.00 Saturday,Saturday night/Sunday morning,8:00 a.m.--1:00 a.m.,and Sunday, Sunday night,9:00 a.m.--11:00 p.m.,includes light fix and field marking 160.00 (b) A security deposit of$50.00 per field reserved shall be paid at least seven days in advance of the scheduled tournament.The deposits shall be credited toward any monies due for said tournament,with any remaining monies due payable before scheduled tournament begins.All monies paid will not be refundable unless a field or fields are not playable due to weather conditions,wet field conditions or for necessary maintenance.If a field or fields are not playable due to said conditions,a refund or credit will be given.The City of Wylie Parks and Recreation Department will be the final authority as to athletic field use. §41.03 Athletic field light usage fee. A fee of$4.00 per hour per field will be charged for reservation in which lights are utilized.Reservation sessions vary through the course of a calendar year to coincide with sunset.The City of Wylie Parks and Recreation Department shall determine the reservation sessions. §41.04 Athletic field marking/chalk usage fees. All fees for athletic marking/chalk usage on any athletic field(s)(except baseball/softball tournament use)will be split 50/50 between the City of Wylie Parks and Recreation Department and those reserving a field(s).The 1996 fee for standard field marking is as follows: Baseball/softball,per field/per marking *$4.00 Soccer,per field/per marking *5.00 CONSOLIDATED FEES AND CHARGES ORDINANCE-page 18 • Football None (Football marks their field at this time.If they choose for the city to contract out this marking,a price will need to be agreed upon at that time.) Chalk cost,per bag * 1.50 * All above fees already take into account the 40/50 split between the City of Wylie Parks and Recreation Department and those reserving a field(s).Any special markings above and beyond accepted standard markings will be subject to an additional charge due to extra labor/chalk costs and will need to be agreed upon between the city and those requesting special markings.The 50/50 split will also apply in these instances. • SECTION 42.00 RIGHT-OF-WAY ABANDONMENT FEE. Under state law,cities are precluded from giving property away.Cities must,under V.T.C.A.,Local Government Code §272.001,obtain an appraisal to establish fair market value.The city is then not allowed to convey,sell or exchange that land and those interests for less than the fair market value of the land or interest. SECTION 43.00 SEXUALLY ORIENTED BUSINESS. The annual fee for a sexually oriented business license shall be$500.00. SECTION 44.00 MUNICIPAL COURT BUILDING SECURITY FEE. The amount of the municipal court building security fee shall be$3.00. SECTION 45.00 PENALTY. Any person violating the provisions of this fee schedule,or any part hereof,commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in section 1-9,therein,as the same now exists or is hereafter amended and shall not be allowed the permit,privilege or license to which the fee pertains. 141 PAS ED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,THIS THE 5— DAY OF44 .1' -1998. I • John Mondy,Mayor /WA) ILA' `,\`\�;\.,\\;tl1CC;ltgly 1/ `' f fry era Salinas Secretary SEAL CONSOLIDATED FEES AND CHARGES ORDINANCE-page 19 . Athletic Field Usage Fees Proposed Amendment to Ordinance No. 98-16; Section 41.00 Charges and Fees for Usage of Athletic Fields Athletic Field Reservation Usage Fee A fee of$4.00 per person,per sport season,for individuals/organizations or groups will be charged for the use of reserved athletic fields. All usage fees will be reviewed by City of Wylie Parks and Recreation Board yearly. Athletic Field Light Usage Fee A fee of$8 per hour per field will be charged for reservations in which lights are utilized. Reservation sessions vary through the course of a calendar year to coincide with sunset. The City of Wylie Parks and Recreation Department shall determine the reservation sessions. The following schedule approximates the availability of reservation sessions: February 5:00 p.m. - 12:00 a.m.* March 1-15 5:30 p.m. - 12:00 a.m.* March 16-31 6:00 p.m. - 12:00 a.m.* April 7:00 p.m. - 12:00 a.m.* May 7:30 p.m. - 12:00 a.m.* June/July/August 8:00 p.m. - 12:00 a.m.* September 1-15 7:00 p.m. - 12:00 a.m.* September 16-30 6:30 p.m. - 12:00 a.m.* October 1-15 6:00 p.m. - 12:00 a.m.* October 16-31 5:30 p.m. - 12:00 a.m.* November 5:00 p.m. - 12:00 a.m.* Athletic Fields will be reserved in one(1)hour increments with the first usage beginning at 8:00 a.m.and last ending at 12:00 Midnight,Monday through Saturday. *Sunday field usage begins at 12:00 noon and ends at 11:00 p.m. Said fees will be billed in arrears except for one(1)time field usage,which will be payable in advance. All fees will be reviewed by City of Wylie Parks and Recreation Board yearly. Light Key Usage Fee Only persons authorized by the appropriate leagues or by the City of Wylie Parks and Recreation Department will be issued keys for the athletic fields. Persons checking out light keys will sign a written agreement providing name/address/phone number, organization name,date given key, return date of key,and signature. A deposit of $100 will accessed for each key. The$100 deposit will be deposited;checks will not be held. Keys are to be returned no later than 2 weeks following the end of scheduled play. If keys are not returned within the 2-week period or are lost the deposit monies will be forfeited to the City of Wylie. All fees will be reviewed by City of Wylie Parks and Recreation Board yearly. Athletic Field Marking/Chalk Usage Fee All fees for athletic marking/chalk usage on any athletic field(s)(except baseball/softball tournament use)will be split 50/50 between the City of Wylie Parks and Recreation Department and those reserving a field. P. 2 Marking Fees as of December, 2000: Baseball/Softball $4.00 per field per marking Soccer $5.00 per field per marking Football Currently none,fees will be determined when needed Chalk cost $1.65 per bag All above fees already take into account the 50/50 split between the City of Wylie Parks and Recreation Department and those reserving a field(s). Any special markings above and beyond accepted standard markings will be subject to an additional charge due to extra labor/chalk costs and will need to be agreed upon between the City and those requesting special markings. Said fees will be billed in arrears except for one(1)time field usage,which will be payable in advance. All fees will be reviewed by City of Wylie Parks and Recreation Board yearly. Tournament Usage Fee A tournament is defined as a team competition separate and distinct from league play involving the payment of an entry fee or additional fees in which to participate. Requests for athletic fields for tournament use shall be made in writing. The City of Wylie Parks and Recreations Department requests twenty-one(21)days advance notice. The price per field reservation fees are as follows: 12 hours of use= $100.00 16 hours of use=$130.00 20 hours of use=$160.00 24 hours of use= $200.00 A security deposit of$50.00 per field reserved shall be paid at least seven(7)days in advance of the scheduled tournament. The deposit(s) shall be credited toward any monies due for said tournament,with any remaining monies due payable before scheduled tournament begins. All monies paid will not be refundable unless a field or fields are not playable due to weather conditions,wet field conditions,or for necessary maintenance. If a field or fields are not playable due to said conditions,a refund or credit will be given. The City of Wylie Parks and Recreation Department will be the final authority as to athletic field use. All fees will be reviewed by City of Wylie Parks and Recreation Board yearly. Receipt of payment and Late payment regarding all usage fees All fees, except those for tournament use,will be due within twenty-one(21)days after the start of game play (athletic field reservation usage fee)or statement date(athletic field light usage fee, athletic field marking/chalk usage fee). If said fees are not paid within twenty-one(21)days an additional charge of ten(10)percent of the original balance due will also be levied. If the original balance due plus the ten(10)percent additional charge is not paid with thirty(30)days field use privileges are subject to being denied until all monies due are paid in full. P. 3 The City of Wylie Parks and Recreation Department shall issue a receipt at the time usage fees are paid. This receipt shall contain the following: 1) Individual's/Organization's/Group's Name 2) Team Sport/Sport season 3) The day(s), Time(s)and Field(s)being reserved Or 4) Number of Participants Or 5) The date(s)and hour(s)of light usage Or 6) The date(s)of marking(s)and chalk used 7) Amount paid WYLIE CITY COUNCIL AGENDA ITEM NO. I . February 13, 2001 Issue Consider and act upon approval and final acceptance of the construction of the paving and drainage improvements along Kirby Street, and authorize final payment to Tri-Con Services, Inc. in the amount of$52,874.78 and accept the project as complete. Background On May 9, 2000 the Wylie City Council awarded a construction contract to Tri-Con Services, Inc. for the construction of paving and drainage improvements along Kirby Street. The project was identified in the 1999 Bond Program as project P2 and included reconstruction to a four lane divided, concrete section. Due to right-of-way constraints, the contract was awarded as a two-lane section from SH 78 to Hartman Elementary and a four-lane section adjacent to the school. Additional right-of-way was acquired during construction and subsequently a change order was awarded to construct the remaining two lanes of pavement. Construction began on May 30, 2000 and the contractor was substantially complete on October 30,2000. The delay in final payment is a result of final quantity negotiations with the contractor. Financial Considerations The 1999 Bond Program identified $900,000 for the Kirby Street project. The original construction contract amount was $546,466.75. Three change orders were issued which increased the final construction contract price to $702,357.20. Total project expenditures to date including the final payment amount are $940,595.33. Interest earned on the 1999 and 2000 Street Bonds is sufficient to cover the increase in total project cost. Projected additional expenditures for right-of-way purchases are $60,000. Other Considerations Acceptance by the City Council will initiate the one year warranty period in which the contractor is liable for any repairs which may be required in that time period. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Board/Commission Recommendations N/A Staff Recommendations The Hogan Corporation and Staff recommends final acceptance of the project and issuing final payment to Tri-Con Services, Inc. in the amount of$52,874.78. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Letter from the Hogan Corporation Final Payment Request Contractor Affidavit of Final Payment and Release Consent of Surety Prepared By evie by Finance City Ma pprova THE HOGAN CORPORATION Engineers • Planners • Consultants January 22, 2001 Mr. Biff Johnson City Manager City of Wylie 2000 Hwy. 78 North Wylie,TX 75098 Attention: Chris Hoisted, P.E. Re: Paving&Drainage Improvements along Kirby Street THC #002-53.42 Dear Mr. Johnson: We are submitting herewith for your approval four(4)copies of the Final Progress Estimate#4 for the construction work completed by Tri-Con Services, Inc. (Tri-Con)for the period from August 31,through October 30, 2000,on the above referenced project.A final walkthrough was performed with representatives of Tri-Con ,the City of Wylie, and The Hogan Corporation present. The items included in this month's pay request have been reviewed and found to conform with the work actually performed. Also enclosed is Change Order No. 3 for the asphalt transition to SH 78 and final quantity adjustments. This final pay request includes the 5%retainage held on the revised contract amount. The Contractor has submitted a"Consent of Surety"from the bonding company as well as an "Affidavit of All Bills Paid." Copies of these documents are attached for your reference. Approval of the Final Pay Request and acceptance of the project will initiate the one year warranty period. With your approval of this Final Progress Estimate and Change Order No. 3, please execute all copies, retain two(2)copies for your files, return one(1)copy to this office, and send one(1) copy to Tri-Con Services, Inc., 3010 Main Street, Rowlett,Texas 75088, along with your remittance in the amount of$52,874.78. Yours very truly, THE HOGAN CORPORATION 44, K .on, P.E. Executir ice President Enclosures 011 Member, Consulting Engineers Council of Texas 18333 Preston Road, Suite 455 • t Member, American Consulting Engineers Council Dallas, Texas 75252 TEL: (972) 380-4646 FAX: (972) 380-4633 Final Application for Payment Kirby St. Paving Drainage Owner: City of Wylie For Period From: August 31,2000 To: October 30,2000 Project Name: Kirby Street Paving&Drainage Improvements Owner's Project No.: Engineer's Project No.: 002-53 Contractor: Tri-Con Services,Inc. Address: 3010 W.Main Street Rowlett,TX 75088 CONTRACT AMOUNT CONTRACT TIME Part A Amount of Contract as Awarded: $546,466.75 Contract Date: May 30,2000 Change Orders: Start Date: May 30,2000 #1 $110,938.25 Time Allotted: 90 cal days #2 $26,260.70 Time Extensions: 0 cal.days #3 $18,691.50 Revised Contract Time: 90 cal.days #4 Elapsed: 153.00 cal.days #5 %Time Elapsed: 170.00% #6 Remaining: -63 cal.days Total Change Orders: $155,890.45 Total Adjusted Contract: $702,357.20 ESTIMATE SUMMARY Amount Completed to Date(See Attached): $702,357.20 Material on Hand(See Attached): PROJECT TOTAL TO DATE: 100.00% $702,357.20 Less 0% Retainage: $0.00 Less Previous Payments: S649,482.41 Total Deductions: $649,482.41 ($649,482.41) TOTAL AMOUNT DUE THIS ESTIMATE: $52,874.79 Recommended: Approved: By: By: O Date: Date: Engineer City of Wylie 1/23/01 Page 1 App for Pay No 4Final-Tricon CONTRACTOR'S AFFIDAVIT OF BILLS PAID (To be executed prior to acceptance of project) STATE OF TEXAS COUNTY OF DALLAS Personally, before me the undersigned authority, on this day appeared Jack B. Gipson , who, being duly sworn, on oath, says that he is a legal representative of Tri-Con Services, Inc. (Full name of Contractor as in Contract) and that the contract for the construction of the project, designated as Paving & Drainage Improvements along Kirby Street (From SH 78 to S. Birmingham Street) Wylie, Texas (Project No) has been satisfactorily completed and that all bills for materials, apparatus, fixture, machinery and labor used in connection with the construction of this project have, to the best of my knowledge and belief, been fully paid. Signat e Vice-President Title Sworn to and subscribed before me this 3oth day of October, 2000 d"" JUOlTHIA. SIJTTON 7a 4d- /L) * _ * NOTARY PUBLIC Not Public in and for "• State of Texas ' a t8 Comm. Exp. 12-06-2001 v � Now. """""-^ ^ -- County, Texas C&B-10 -CONSENT OF SURETY TO FINAL PAYMENT Bond No. 24-10-06 PROJECT: Kirby Street from SH 78 to S. Birmingham Street TO (Owner): City of Wylie 2000 Hwy 78 North Wylie, TX 75098 CONTRACT FOR: Paving and Drainage Improvements CONTRACT DATE: CONTRACTOR: Tri-Con Services, Inc. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the The Insurance Company of the State of Pennsylvania , SURETY COMPANY, on bond of Tri-Con Services, Inc. , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to City of Wylie 2000 Hwy 78 North Wylie, TX 75098 ,OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, The Insurance Company of the State of Pennsylvania the Surety Company has hereunto set its hand this 30th day of October 2000. The Insurance Company of the State of Pennsylvania Surety Company n Alicia Phillips ,Attorney-in-fact (Seal) The Insurance Company of the State of Pennsylvania POWER OF ATTORNEY Principal Bond Office: 70 Pine Street,New York,N.Y. 10270 No.09-B-75290 KNOW ALL MEN BY THESE PRESENTS: That The Insurance Company of the State of Pennsylvania, a Pennsylvania corporation,does hereby appoint ---L. Ray Pitts,Jr.,Alicia Phillips,Scott J. Nissen,Richard M.Abbott : of Dallas,Texas--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the company thereby. IN WITNESS WHEREOF, The Insurance Company of the State of Pennsylvania has executed these presents this 20th day of July, 2000. } =. •= Lawrence W. Carlstrom, Vice President STATE OF NEW YORK ) / COUNTY OF NEW YORK}ss. / On this 20th day of July, 2000 before me came the above 1/1/`Y\ /1/1; A named officer of The Insurance Company of the State of Pennsylvania, to me personally known to be the individual and MIi 15% officer described herein, and acknowledged that he executed NotarYF'rttic,Stets•;hew York the foregoing instrument and affixed the seal of said No..Qu' Ined `�•� == corporation thereto by authority of his office. Benz County ExPires Fab.14,2002 CERTIFICATE Excerpts of Resolution adopted by the Board of Directors of The Insurance Company of the State of Pennsylvania,on May 18, 1976: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is. authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof.and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." 1, Elizabeth NI. Tuck. Secretary of The Insurance Company of the State of Pennsylvania, do hereby certify that the foregoing excerpts of Resolution adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Power of Attorney are in full force and effect. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of the corporations this&/ �day of ,�,v �/^�T^y0 - eel," 4ia )9e: ' VAU) Elizabeth M. Tuck, Secretary 23238(4/99) 1 `► ` IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-300-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P. O. BOX 149104 AUSTIN,TEXAS 78714-9104 FAX#(512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE ATTACH THIS NOTICE TO YOUR POLICY: • THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. WYLIE CITY COUNCIL AGENDA ITEM NO. 6. February 13, 2001 Issue Consider and act upon a bid for street light poles and fixtures for the Ballard Street medians. Background Competitive bids have been solicited for the purchase of decorative street light poles and fixtures for installation on South Ballard. A bid has been received from Genlyte Company to provide the specified poles, fixtures, lamps and receptacles. Separate bids have been solicited for installation of the street lights. The original plans included two single fixture light poles at the intersection of Ballard and Stone and nine dual fixture light poles in the Ballard Street medians. Due to budgetary constraints, the lights for the Ballard/Stone intersection have been deleted. The total bid from Genlyte for the nine dual fixture light poles with lamps, banner arms and electrical receptacles is $24,192.00. Financial Considerations A total of$75,500.00 in the 1999 Bond funds has been allocated for capital improvements on South Ballard. In addition to the purchase and installation of decorative architectural lighting, these bond projects include the addition of trees and irrigation systems. Of the available funds, $51,205.00 has already been committed for trees, landscaping, irrigation systems, engineering and the installation of the street lights. Award of this bid will bring the total cost of all improvements to $75,397.00. Other Considerations Competitive sealed bids were solicited in accordance with the requirements of Chapter 252 of the Texas Local Government Code. Staff Recommendation Staff recommends that Council award a contract to Genlyte Company for the purchase of specified street light poles and fixtures in the bid amount of$24,192.00. Board/Commission Recommendation N/A Attachments N/A aliNA A61 CioNg -4( Prepared by Revi d by Finance City Approval