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05-08-2007 (City Council) Agenda Packet Wylie City Council /VI 7 ' CITY OF NOTICE OF MEETING Regular Meeting Agenda Tuesday, May 8, 2007 - 6:00 pm Wylie Municipal Complex-Council Chambers 2000 Highway 78 North John Mondy Mayor Carter Porter Mayor Pro Tern Earl Newsom Place 1 M.G."Red" Byboth Place 2 Eric Hogue Place 3 Merrill Young Place 4 Rick White Place 5 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: u^rrir.li'rlreIt vas.xo,'within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www wvlieterac.cnv. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Presentation to Councilman Hogue and Councilman Newsom • Proclamation for"Motorcycle Safety and Awareness Month" May 8,2007 Wylie City Council Regular Meeting Agenda Page 2 of 4 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of Minutes from the April 24, 2007 Regular City Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the Mayor to execute a Cooperative Agreement between the City of Wylie and the U. S. Army Corps of Engineers for additional Law Enforcement Services for a term of May 27, 2007 through September 3, 2007. (J. Butters, Assistant City Manager) C. Consider, and act upon, approval of a Change Order, in the amount of$137,815.00, to Crescent Constructors, Inc. for the installation of two additional pumps to the Nortex Pump Station. (C. Hoisted, Engineering) D. Consider, and act upon, approval of a Final Plat for Garnet Hill Addition, Block A, Lot 1 creating a single lot on 6.0 acres for a residential retirement development. The property is generally located southeast of McCreary Road and Creekside Estates Drive. (R. 011ie, Planning Director) REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending zoning from Light Industrial (LI) to Planned Development (PD) District, generally located east of Regency Drive and north of Steel Road. ZC 2007-02. (R. 011ie, Planning Director) Executive Summary The applicant is requesting to rezone the property to allow for an innovative and viable office- showroom/warehouse development to accommodate growing demands for flexible facilities designed to support the light manufacturing/assembling & hi-tech business sector. Located in the Regency Business Park,the property consists of two un-platted tracts and one partially developed lot,totaling 3.7 acres. The property was annexed into the City in July, 1984 (Ordinance 84-38) and zoned Industrial (I) at that time. Subsequent amendments to the zoning ordinance changed zoning designations on the property from Industrial (I) to Business Commercial (BC). The current zoning on the property is LI and it has been partially used for commercial and light industrial uses(auto towing& storage and contractors maintenance yard). May 8,2007 Wylie City Council Regular Meeting Agenda Page 3 of 4 General Business 2. Consider, and act upon, Ordinance No. 2007-13 amending Chapter 74 of the Wylie Code of Ordinances to add a new article for the purpose of establishing the regulation of sex offender residency by making it unlawful for certain sex offenders to reside within one thousand (1,000) feet of premises where children gather; providing that a culpable mental state is not required for committing an offense under this ordinance; providing for a penalty for the violation of this ordinance; providing for affirmative defenses; providing for repealing, savings and severability clauses; providing for the publication of the caption hereof; and providing for an effective date of this ordinance. (J. Butters, Assistant City Manager) Executive Summary The proposed ordinance prohibits registered sex offenders from living within 1000 feet of places frequented by minors including parks, schools, child care centers, playgrounds, recreation centers, public swimming pools, commercial amusement centers designed or marketed for minors, and public stadiums or playing fields. The ordinance also requires that sex offenders keep their porch light off during Halloween and do not solicit minors to trick or treat at there residence. The Texas attorney general has recently rendered an opinion upholding Cities authority to pass such ordinances. This ordinance has become important for Wylie as some registered sex offenders have begun avoiding Cities that have adopted similar ordinances.This ordinance will greatly restrict where registered sex offenders can live in the City of Wylie. 3. Consider, and act upon, approval of Resolution No. 2007-16(R) authorizing submittal of a grant application to Texas Department of Transportation (TxDOT) for the Texas Safe Routes to School Program. (M. Sferra, Public Services Director) Executive Summary The Safe Routes to School (SRTS) program is contained in a 2005 federal transportation bill and is designed to enable school children to walk or bike to school in a safe, secure environment and provide a healthy alternative to riding the bus or being driven to school. The legislation makes available$612 million in federal funds over five fiscal years. Each state receives a portion of the funds based on its percentage of the national total of school-aged children in grades K-8. Texas anticipates receiving approximately $40 million in SRTS funding between 2005 and 2009. 4. Discussion of disannexation requested by a citizen, and related issues, of property annexed into the City limits by Ordinance No. 99-23 and receive input from staff and citizens. (M. Manson, City Manager) Executive Summary A request has been received by Mr.Kurt Strange of 7900 Parker Road to be disannexed from the City,and at the request of Councilmen Newsom and White,staff placed this discussion item on the agenda to receive direction from the Council. Mr.Strange's property was one of several others that were annexed in 1999. State Law sets out provisions and procedures for disannexation, dependent upon whether it is initiated by the municipality or the property owners. 5. Consider and act upon a recommendation to the North Central Texas Council of Governments Nominating Committee to serve as an Executive Board Member for 2007-2008 representing cities with a population of 25,001 or more. (C. Ehrlich, City Secretary) Executive Summary Each year the North Central Texas Council of Governments requests nominations for their Executive Board of Directors. Local officials from member governments are invited to submit recommendations for the Board positions. The City of Wylie is eligible to submit a recommendation for one of two representative positions for Cities with a population of 25,001 or more, (but less than 100,000). An Executive Board member must be a local elected official from a member government and no member government may have May 8,2007 Wylie City Council Regular Meeting Agenda Page 4 of 4 more than one representative on the Board at any given time unless one of them is serving in the Past President position. All recommendations from member governments must be received by May 11,2007 to be considered.NCTCOG has appointed a nominating committee consisting of the current Executive Board President and Past Presidents of the Board. Final nominations from the committee will go to the General Assembly at their meeting scheduled for Friday,June 15,2007. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III,Section 13-D. WORK SESSION • Presentation update and discussion of Schematic Design and Imagery of Fire Station #3. (Wiginton-Hooker-Jeffry, Architects) ADJOURNMENT CERTIFICATION 1 certify that this Notice of Meeting was posted on this 4u" day of May, 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie webs ite: urunv-Hwiieterac nnv. Carole Ehrli City Secretary t 1 - Date Notice Removed ',�v�YIli111111>`�I. �```� Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, April 24, 2007 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tem Carter Porter, Councilman Red Byboth, Councilman Eric Hogue, Councilman Merrill Young, Councilman Rick White and Councilman Earl Newsom. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Public Library Director, Rachel Orozco; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Byboth gave the Invocation and Councilman Newsom led the Pledge of Allegiance. PRESENTATION • Recognition of 5th Six Weeks Star Students—Character Trait"Fairness" Mayor Mondy and Councilman Hogue presented Certificates to WISD students showing the Character Trait of"Fairness". • Proclamation for"Wylie ISD Health Fair Day" Mayor Mondy presented a proclamation designating May 5, 2007 as "Wylie ISD Health Fair Day"to WISD representatives Beth Stone and Angela Arp. Minutes—April 24, 2007 Wylie City Council Page 1 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Mr. Steven M. Altario residing at 416 S. First Street, Wylie, Texas addressed Council stating that he had a concern regarding the construction work for Stone Road; the City was performing near his residential area and the access to his driveway at the alley at South First Street. He explained that his alley was being taken away. He stated that he had been in contact with City Engineer Hoisted but had been told by Mr. Hoisted that this was not an alley. He asked Council what was being done to get the alley back operational. Mayor Mondy asked City Engineer Hoisted to update Council on this issue. City Engineer Hoisted replied that this was a temporary situation and would be resolved in the next couple of days. Mayor Mondy asked Mr. Hoisted to visit with the resident and explain the situation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of Minutes from the April 4, 2007 Joint Meeting between the Wylie City Council and Wylie Economic Development Corporation and the April 10,2007 Regular City Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Final Plat for right-of-way dedication for Kirby-Stone Connector and five out-parcels on 3.0 acres, generally located east of Birmingham Street extending east to S. Ballard Avenue. (R. 011ie, Planning Director) C. Consider, and act upon, approval of a Final Plat creating one (1) lot on 4.863 acres for a commercial development. The property is generally located north of SH 78 and approximately 1,150 feet east of Skyview Court. (R. 011ie, Planning Director) D. Consider and place on file, the monthly Revenue and Expense Report for the City of Wylie for the month ending March 31, 2007 and the Quarterly City of Wylie Grant Report. (L. Williamson, Finance Director) E. Consider and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of March 31, 2007. (S. Satterwhite, WEDC Executive Director) Council Action A motion was made by Councilman Hogue, seconded by Councilman Young to approve the Consent Agenda as presented. A vote was taken and passed 7-0. Minutes—April 24, 2007 Wylie City Council Page 2 REGULAR AGENDA General Business 1. Consider, and act upon, Ordinance No. 2007-11 amending Ordinance No. 2006-56 (2006-2007 Budget) for proposed mid-year budget amendments for fiscal year 2006- 2007. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that the mid-year budget amendments are generally intended to cover unanticipated and/or unavoidable revenue and expenditure adjustments to the adopted budget. The detail is attached for the requested items which are categorized within the individual funds of General Fund, Emergency Communications, Fire Training Center, Park Acquisition and Improvement Fund, and Utility Fund. The requests are further defined as neutral (matching revenues to expenditures), revenue increases, or expenditure increases. New expenditures in the General Fund amount to $136,000. Some of the items proposed include: $150,000 in order to reconcile revenue and expenditures on trash service with Allied Waste. Each year Allied Waste receives a count of trash customers from the City based on reports run on the Incode system of sewer customers. No issues had been identified until Allied began delivering the recycle carts. They had ordered the carts based on the information provided, but were short close to 750 carts. After a review, it was determined that 3 mobile home parks were not being picked up in the total customer count because the parks were entered into Incode as a single account. As a consequence, the City had been collecting revenue, but Allied had not billed us for these customers. The revenue owed Allied Waste is $150,000 which we propose to pay in two equal payments of the course of this and the next budget year. An $85,000. increase in overtime in the Fire Department. During budget discussions at the staff level last year, the original intent was to add 3 firefighters to cover Station 3 at mid-year. Chief Corbin has proposed an alternative of adding to the overtime budget to allow existing employees to staff the Station. The amounts budgeted for electric utilities, heavy equipment maintenance in the Fire Department, and the Wylie Wave energy costs were under funded necessitating adjustments at mid-year. City Manager Mason explained that adding staff at mid-year was not her preference however 3 personnel requests are also included for safety issues. Two new Dispatcher positions are requested in order to have 2 Dispatchers on duty 24 hours a day, which will also enable the Supervisor to function in that capacity. The level of activity has increased such that it is outpacing the ability of a single Dispatcher to cover the call load. The third staffing request is to create an Assistant Police Chief position, with the intent to bring in someone who can be developed and prepared to eventually assume the Chiefs position. Included within the Utility Fund is a proposal to hire a consultant to prepare a Storm Water Management Plan. Staff believes that a mandate is eminent from TCEQ to require cities over 10,000 in population to develop a plan. Council Discussion Trash Expenditures Mayor Mondy asked Finance Director Williamson how the City went for three years without reimbursing Allied for $50,000 per year in revenues. Mr. Williamson explained that frankly the accounts had never been completely reconciled. He explained that when Incode Software was implemented three years ago, the mobile home parks were input as one single customer. When the recycle bins were distributed this past fall, Allied came short for those mobile parks and had to order additional bins therefore acknowledging the discrepancy. He explained that the City runs an Incode report which identified the mobile home parks having one single address each but this report was never reconciled until the discrepancy arose. He reiterated to Council that the City had collected trash and water for all residents however it was not indicated on the reports to Allied. Minutes—April 24, 2007 Wylie City Council Page 3 Proposed Skate Park Mayor Mondy asked Public Services Director Sferra why the proposed skateboard park was presented at mid-year. Mayor Mondy asked Mr. Sferra if this project was at the top of the list on the citizen survey for recreation amenities. Mr. Sferra replied that it was not and explained that the skate park ranked somewhere around mid range He reported that hike and bike trails, recreation center, teen center open space with land acquisition, and aquatic center were all nearer the top of the list. Mayor Mondy asked Mr. Sferra if lighting was included in the proposal. Mr. Sferra replied lighting was not included. Mayor Mondy asked Mr. Sferra why he and staff recommended the project at mid-year. Mr. Sferra reported that a retreat had been held between staff and the Parks Board recently and the conversation at that retreat dealt with the fact there were no activities for teens and a skate park would be a good outlet for the teen groups. The board strongly requested that staff bring this proposal before Council for mid-year consideration. Councilman Hogue stated that he felt with the addition of a skate park there would be less chance of the teens using the downtown area to ride. Mayor Mondy asked Mr. Sferra if this was being proposed as a safety issue. Mr. Sferra stated that he believed the intent was to give teens a place to go to enjoy their sport outside of areas restricting this sport by the current ordinance. Mayor Mondy asked City Manager Manson if this was a smart way to spend $85,000. Ms. Manson replied that the Park Master Plan completed in 2002 did show a skate park in the plan. She explained that it was listed as a priority portion of the Master Plan. She reported that in her opinion mid-year was not the ideal time to bring forth the project; rather waiting until budget time and bringing it forth with other projects in the priority of each project, however this was a strong recommendation from the Parks Board and she felt the Council needed to make that determination. She reported that Parks Board member Donna Larsen had taken time to research and compile prices for this project and she and many other Parks Board members felt strongly about the park. Donna Larsen and Ann Hiney, Parks Board members addressed Council stating that they believed the skate park would be an asset to the community and take care of a group of teens that needed a place to ride skate boards and have a safe environment to do that. Mayor Mondy stated that his feeling on the budget process was that each year at budget time, public hearings are posted and citizens are asked to give their input on all expenditures of the proposed budget. "We tell the public what we are going to spend and the Council sets the tax rate; which is a very important function of the Council. Unless the City has a safety or emergency issue, the City should not be having budget amendments." Councilman Byboth stated that he believed this was a safety issue as it was very unsafe to ride the skate boards across streets and around pedestrians. He stated that this project gave teens a place to ride safely. City Manager Manson reported that there were funds available in the Parks A & I Fund for the proposed region to complete the skate park. She explained that this money is derived from Parks Dedication Fees which are paid in each region. Councilman Newsom asked how much money was in the fund for this region. Mr. Sferra replied there was currently $90,000. in the fund, with another$20,000. anticipated from new development in the 6-10 months. Councilman Newsom stated that he believed the skate park was needed. Councilman Young asked Mr. Sferra when the proposed skate park would be completed if approved tonight. Mr. Sferra stated in the summer to fall of 2007. Councilman Young replied that he believed it could be considered in the next budget and then built by the spring of 2008. Mayor Pro Tem Porter stated that he believed the skate park should be built to prevent teens from being injured riding in unsafe areas. Storm Water Management Plan/Study(TCEQ) Councilman Newsom asked Mr. Sferra what happened at the regional meeting with TCEQ regarding storm water regulations. Mr. Sferra reported that Texas Commission on Environmental Quality (TCEQ) met on March 27, 2007 but made no decision regarding storm water regulations. He explained that one commissioner was not updated on some of the issues and that the consideration of the regulations was postponed until May or June of this year. He explained that the proposed study would cost approximately $25,000 to complete and therefore was included with the mid-year budget amendments. Councilman Newsom asked if this item was needed for mid-year amendments. He explained that he remembered sitting through several work sessions on this issue going back three years ago and in each work session this issue was eminent. Councilman Newsom stated that he did not believe this item should be budgeted for unless the Council sees it happen. City Manager Manson reported that once action is taken by TCEQ, cities must implement the action within 180 days of the commission's authorization. Councilman Hogue asked Mr. Sferra if the expenditure is approved in the mid-year budget, upon approval by TCEQ could it then be implemented by the City. Mr. Sferra stated that was correct. City Manager Manson stated that if Council wished to approve the proposed mid-year expenditure, staff could wait until the issue is Minutes—April 24, 2007 Wylie City Council Page 4 mandated by the state to expend the funds. Mayor Mondy asked City Manager Manson how long it would take to bring the item back to Council if the line item was not approved tonight. City Manager Manson stated it would be a matter of placing it back on the agenda within the 180 day timeline. Councilman Hogue asked if the expenditure could be approved tonight and the funds held until the study was required by the state. City Manager Manson stated if it was the consensus of the Council to wait until the state mandated the requirements, then staff would follow that direction. Councilman Newsom stated that he had no problem with the budgeting of funds in the proposed mid-year budget for the study, as long as the money was not spent until the rules and requirements by TCEQ were approved and passed. Mayor Mondy asked City Manager Manson to provide a work session in the near future to address how the mid-year budget process would be handled in the future to give direction to staff. Council Action A motion was made by Councilman Hogue, seconded by Mayor Mondy to approve Ordinance No. 2007-11 amending Ordinance No. 2006-56 (2006/2007 Budget) for proposed mid-year amendments for fiscal year 2006/2007. A vote was taken and passed 7-0. 2. Consider, and act upon, Ordinance No. 2007-12 establishing fees for the purpose of enabling the City to construct new fire stations; establishing fees for the purpose of purchasing new fire fighting equipment; establishing procedures to allocate fees collected; establishing procedures for appeals; providing for a penalty for the violation of this Ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (S. Seddig, Fire Marshall) Staff Comments Fire Marshal Seddig addressed Council stating that the City of Wylie, Fire Rescue Department, has previously provided fire protection at minimum standards for a given population. The ability to maintain service levels is negatively affected by rapid growth and development. By passing this ordinance for fire development fees, fire protection service levels and a portion of the associated capital cost can then be supplemented by continued economic development, and the costs for future maintenance of the level of service and improvements to fire protection will be shared by all those who benefit. Mr. Seddig reported some of the reasoning behind the proposed ordinance. • Tax rate increases based on increasing development needed capital to maintain fire protection service levels could be reduced by this Fire Development Fee. • Growth of a municipality in the long run will produce revenue. However, during growth only estimates on revenue can be assessed. During this gap,citizens that previously received adequate fire protection service levels are negatively affected. • This Fire Development Fee will benefit the City of Wylie by providing a portion of the capital expenditure money to maintain fire protection service levels caused by increases in growth and population. • The City of Wylie's economic growth places continued responsibility on the municipality to maintain fire protection service levels.Without continued fire protection capital to maintain service levels the citizens already living in Wylie are negatively affected by growth and the municipality's ability to maintain fire protection service levels. Council Discussion Councilman Young asked who would pay the fire fees implemented in this ordinance. Fire Marshall Seddig replied that the fees would be paid at the time of permitting. Mayor Mondy asked City Secretary Minutes—April 24, 2007 Wylie City Council Page 5 Ehrlich if this ordinance was passed tonight, would it take effect tomorrow. City Secretary Ehrlich explained, if the proposed ordinance was approved, the Home Rule Charter and State Law required the caption be read after approval and published in the official newspaper one time. This publication would appear in the May 2, 2007 edition of the Wylie News and would then go into effect. Council Action A motion was made by Councilman Newsom, seconded by Councilman Byboth to approve Ordinance No. 2007-12 establishing fees for the purpose of enabling the City to construct new fire stations; establishing fees for the purpose of purchasing new fire fighting equipment; establishing procedures to allocate fees collected; establishing procedures for appeals; providing for a penalty for the violation of this Ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. A vote was taken and passed 7-0. 3. Consider, and act upon, reimbursement, in the amount of $1,779,761.60, to Braddock Place Estates, Ltd. for the construction of the Twin Lakes Outfall Sewer Line. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on February 14, 2006 Council approved a development agreement with Braddock Place Estates, Ltd. The agreement specifies that the City shall reimburse the developer for the cost of the offsite sewer line. The project is identified in the Capital Program, Sewer Impact Fees, and the Water and Sewer Rate Study. The sewer line is necessary to connect the Braddock Place development to the Muddy Creek Regional Wastewater Treatment Plant (MCRWWTP). In the future, the line will be extended further north to eliminate the Twin Lakes Lift Station and transfer the sewer flow from the eastern portion of the City to the MCRWWTP. Council Action A motion was made by Councilman Young seconded by Councilman White to approve reimbursement, in the amount of $ 1,779,761.60 to Braddock Place Estates, Ltd. For the construction of the Twin Lakes Outfall Sewer Line. A vote was taken and passed 7-0. 4. Consider, and act upon, the acceptance of the resignation of Jamie Gregg and the appointment of a new member to the Planning and Zoning Commission for the unexpired term of April 2007 to July 2007. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that pursuant to Article VIII, Section 2A of the City Charter authorizing the City Council to establish a Planning and Zoning Commission. Ordinance 84-11, establishing the Planning and Zoning Commission, stipulates that the Planning and Zoning Commission shall: 1)Consist of seven (7) citizens of the City of Wylie; 2) Shall be qualified voters who shall serve for a term of two (2) years; 3) Members of the planning and zoning commission shall be residents of the City of Wylie for at least 12 months preceding the date of appointment; 4) Be knowledgeable in the affairs of the city and be knowledgeable in the functions and activities provided for in Article IX of the City Code of Ordinances; 5) Make and recommend to the city council a master plan to be used as a guide in considering ordinances for the orderly development of the city; 6) The commission shall, not less than every five years, review and recommend to the city council amendments to the master plan of the city; 7) Minutes—April 24, 2007 Wylie City Council Page 6 Recommend to the city council proposed ordinances and amendments to ordinances regarding planning, zoning and environmental quality and review ordinances and amendments proposed by the city council relative to the city council's planning and zoning function; and 8) Receive and review all platting and subdivision proposals and make recommendations to the city council for appropriate action. Ms. 011ie reported that Commissioner Gregg had been a very effective commissioner and will be missed. She explained that due to two current commissioners running for council it would be most effective to appoint someone to serve in Commissioner Gregg's vacated position. Mayor Mondy asked Planning Director 011ie if the commissioners could conduct business with 5 members. Planning Director 011ie replied that she believed the five members would be fine until the interview and appointments process the end of June if Council desired. She stated that she did not believe they would have any business to present for the first meeting in May and the second meeting was light. Council Action A motion was made by Councilman Newsom seconded by Councilman White to accept the resignation of Jamie Gregg and to postpone the appointment of a new member to the Planning and Zoning Commission for the unexpired term of April 2007 to July 2007 until June 26 2007, with the 2007 Boards and Commission appointments. A vote was taken and passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance Nos. 2007-11 and 2007-12 into the official record. Mayor Mondv recessed the meeting at 7:25 p.m. Mayor Mondy reconvened into Work Session at 7:35 p.m. with the following members present: Mayor Pro Tern Porter, Councilman Hogue, Councilman White, Councilman Byboth, and Councilman Young. Councilman Newsom was absent. WORK SESSION • Budget work session for long range financial planning. (L. Williamson, Finance Director) Finance Director Williamson gave a short presentation regarding the timing of the new Library, City Hall and Recreation Center. He displayed an analysis showing the cost differential between building the Library in 2008 vs. 2009 using the original long range model for the City. He explained that there was some cost savings in waiting until 2009 and building all three buildings together. He then presented a comparison tax rate for both building in 2008 and building in 2009 with some additional commercial sales tax included. These comparisons displayed the tax rates for a ten year period. He explained that this was with the 0 & M tax rate constant at $0.5620 for the entire ten year period. He completed the presentation with a spread sheet showing an increase in the 0 & M going from 1% per year up to 5% per year and the corresponding tax rates generated by the increases. Minutes—April 24, 2007 Wylie City Council Page 7 City Manager Manson asked Council to give staff some direction as to the starting date for the facilities and the timing of the construction of the buildings to further direct the Architects. Direction from Council was to begin the construction as early in 2008 as possible for both Phases I and II of all three buildings. ADJOURNMENT With no further business before Council, as motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to adjourn the meeting at 8:14 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—April 24, 2007 Wylie City Council Page 8 Wylie City Council CITY OF WYLIE AGENDA REPORT g Meeting Date: 05-08-07 Item Number: B Department: Police (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 04-12-07 Budgeted Amount: N/A Exhibits: 2007 Lake Patrol Agreement Subject Consider, and act upon, authorizing the Mayor to execute a Cooperative Agreement between the City of Wylie and the U. S. Army Corps of Engineers for additional Law Enforcement Services for a term of May 27, 2007 through September 3, 2007. Recommendation A motion to authorize the Mayor to execute a Cooperative Agreement between the City of Wylie and the U. S. Army Corps of Engineers for additional Law Enforcement Services for a term of May 27, 2007 through September 3, 2007. Discussion The City of Wylie Police Department provides patrol to Lake Lavon; East Fork Park, Avalon Park, Lake Office and Spillway area, Lavon Dam, Lavonia Park, Motocross area, Mallard park, Little Ridge Park, and Pebble Beach Park. The Corps of Engineers reimburses the City at a rate of$57.90 per man hour of patrol. The Corps of Engineers is requesting 948 hours of patrol for a total of$54,889.93. The hourly rate includes the cost of officers pay, extra dispatchers on the weekends, clerical and administrative support, employee's benefits, and mileage for the squad cars. Approved By Initial Date Department Director JB 4/13/07 City Manager Olt 513/tr Page 1 of 1 �14T of ` " 7%��'\, DEPARTMENT OF THE ARMY Z FORT WORTH DISTRICT, CORPS OF ENGINEERS Q %rl gyp; ! LAVON LAKE OFFICE / 3375 SKYVIEW DRIVE WYLIE, TX 75098-5775 REPLY TO April 12, 2007 ATTENTION OF: CESWF-OD-LA Chief Jeff Butters Wylie Police Department 2000 N. Highway 78 Wylie, TX 75098-6043 Gentlemen: The enclosed Cooperative Agreement for Additional Law Enforcement Services, City of Wylie, Lavon Lake, Texas initiates Agreement no. COOPLAW-07WYLIE between the City of Wylie and the U.S. Army Corps of Engineers. This agreement is for the provision of additional law enforcement services from May 27, 2007 through September 03, 2007 for a sum not to exceed $54,889.93. If the agreement is satisfactory, please sign both copies keeping one for your records, and returning the other to the U.S. Army Corps of Engineers office at Lavon Lake. Sincerely, j c'r ( i' 46e i f(, Susan Haney, Manag& Lavon Lake Office Enclosure CF: CESWF-OD-TN CESWF-RM COOPERATIVE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND CITY OF WYLIE, TEXAS FOR THE PROVISION OF ADDITIONAL LAW ENFORCEMENT SERVICES This agreement, entered into by the U.S. Army Corps of Engineers, Fort Worth District (hereinafter referred to as the Corps) and City of Wylie (hereinafter referred to as the Cooperator), witnesseth that: WHEREAS, the construction of Lavon Lake (hereinafter called the "Project") was authorized by the Rivers and Harbors Act, Public Law 14, 71th Congress, approved 02 March 1945, and the provision of recreation resources in Lavon Project was authorized by Section 4 of the 1944 Flood Control Act, as ammended (16 U.S.C. 460d); and. WHEREAS, it is the responsibility of the Corps, in administering the Project lands, to provide the public with safe and healthful recreational opportunities; and WHEREAS, the Cooperator has the authority to enforce the state and local laws for City of Wylie, Texas on such lands, and WHEREAS, Section 120 of the Water Resources Development Act of 1976 (Public Law 94-587) authorizes the Corps to contract with states and their political subdivisions for the purpose of obtaining increased law enforcement services on project lands to meet needs during peak visitation periods; and WHEREAS, it is in the best interests of the Corps to obtain the assistance of the Cooperator in the enforcement of state and local laws on project lands. NOW, THEREFORE, the parties hereto mutually agree as follows: Article 1. Plan of Operation. (a) The Corps and the Cooperator have agreed to a Plan of Operation which describes the scope and extent of law enforcement services to be provided by the Cooperator in accordance with this agreement. Such Plan of Operation, as concurred in by the Cooperator, is attached hereto as Appendix A and made a part hereof. (b) It is recognized and understood that the Corps and the Cooperator may, at the request of either, renegotiate the Plan of Operation. The renegotiated Plan of Operation shall, upon written acceptance thereof by both parties, supersede Appendix A. Article 2. Obligations of the Cooperator. (a) The Cooperator agrees to furnish additional law enforcement services as follows: (1) Normal, emergency, or unanticipated enforcement of civil and criminal laws of the state and local jurisdiction on Project lands and waters without claim for reimbursement under this agreement. This agreement does not diminish or otherwise limit the existing law enforcement responsibilities of state or local law enforcement agencies. (2) The enforcement of the civil and criminal laws of the state and applicable local laws on project lands in accordance with the schedules and duties described in the Plan of Operation, with payment by the Corps in accordance with Article 3 of this agreement. (b) The Cooperator agrees to provide personnel, equipment, and supplies which are required in order to provide the law enforcement services requested by the Corps in accordance with subparagraph (a) above. (c) The Cooperator agrees to prepare a Daily Enforcement Log of a format provided or approved by the Corps and to submit this log to the Corps at least once a month throughout the effective period of the current Plan of Operation. (d) The Cooperator agrees to assign only those personnel who are qualified and trained pursuant to the requirements of state and local laws and regulations to undertake the law enforcement services to be provided under Article 2(a)(2). Where state and local standards for the qualifications of law enforcement personnel do not exist,the Cooperator will advise the Corps of the experience, qualifications and training of those personnel expected to be assigned law enforcement duties under this agreement and assign such duties to them only with the approval of the Corps. Article 3. Obligation of the Government. Subject to the availability of funds, the Corps agrees to pay the Cooperator for the total cost of the law enforcement services to be provided in accordance with the obligations agreed to be undertaken by the Cooperator in Article 2(a)(2), including the costs of operation and maintenance of such equipment as is required for the provision of such services identified in the Plan of Operation under Article 1. At the request of the Cooperator,partial payments may be made as the law enforcement services are performed based on billings as identified in the Plan of Operation under Article 1 and approved by the Corps. Article 4. Period of Services. The period of this agreement shall be from the date of execution until terminated by mutual agreement, or on written notice from either party to the other, as set forth in Articles 6 and 10. Article 5. Disputes (Jul 2002) FAR 52.233-01. (a) This contract is subject to the Contract Disputes Act of 1978, as amended(41 U.S.C. 601-613). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right,the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph(d)(2) below. A Voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d) (1) A claim by the contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) For Contractor claims exceeding $50,000,the Contractor shall submit with the claim a certification that- (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Contractor's knowledge and belief; and (iii) The amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable. (3) (i) If the Contractor is an individual,the certification shall be executed by that individual. (ii) If the Contractor is not an individual, the certification shall be executed by- (A) A senior company official in charge at the contractor's plant or location involved; or (B) An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs. (e) For Contractor claims of$50,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $50,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) At the time a claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor,the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternated dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certification described in paragraph (d)(2) of this clause, and executed in accordance with paragraph(d)(3) of this clause. (h) The Government shall pay interest on the amount found due and unpaid from (1)the date the contracting Officer receives the claim(properly certified if required), of(2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-moth period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract,pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. Article 6. Default. In the event that either party to this agreement fails to meet any of its obligations hereunder, the other party may immediately terminate the whole or any part of this agreement. Such termination shall be effected by written notice of either party to the other. Article 7. Exclusion of Federal Employee Benefits. It is understood and agreed that the services to be provided by the Cooperator and its employees shall not be considered to fall within the scope of Federal employment, that the Cooperator and its employees shall not be considered as agents or employees of the Federal government, and that none of the benefits of Federal employment will be conferred under the terms of this agreement. Article 8. Release of Claims. To the extent permitted by law, the Cooperator agrees to hold and save the Corps, its officers, agents or employees, harmless from liability of any nature or kind, for or on account of any claims for damages that may arise during the performance of the law enforcement services by the Cooperator under this agreement. Article 9. Transfer or Assignment. The Cooperator shall not transfer or assign this agreement, nor any rights acquired thereunder, nor grant any interest, privilege, or license whatsoever in connection with this agreement without the approval of the Corps. Article 10. Termination for Convenience (Apr 1984) FAR52.249-04. The Corps or Cooperator may, on 30 days written notice, terminate this agreement, in whole or in part, when it is in the best interests of either party. If this agreement is so terminated, the Corps shall be liable only for payment in accordance with the payment provisions of this agreement for services rendered prior to the effective date of termination. Article 11. Equal Opportunity(Apr 2002) FAR 52.222-26. (a) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of$10,000,the Contractor shall comply with subparagraphs (b)(1)through (11)below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (b) During performing this contract,the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to (i) employment, (ii)upgrading, (iii) demotion, (iv)transfer, (v)recruitment or recruitment advertising, (vi) layoff or termination, (vii)rates of pay or other forms of compensation, and(viii) selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers'representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and order of the Secretary of Labor. (7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations , and orders of the Secretary of Labor. Standard Form 100 (EEO-1), or any successor form, is the prescribed form to be filed within 30 days following the award, unless filed within 12 months preceding the date of award. (8) The Contractor shall permit access to its books, records, and accounts by the contracting agency or the Office of Federal Contract Compliance Programs (OFCCP) for the purposes of investigation to ascertain the Contractor's compliance with the applicable rules, regulations, and orders. (9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (10) The Contractor shall include the terms and conditions of subparagraph(b)(1) through (11) of this clause in every subcontract or purchase order that is not excepted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing these terms and condition, including sanctions for noncompliance; provided,that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction,the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. Article 12. Gratuities (Apr 1984) FAR 52.203-311. (a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative- (1) Offered or gave a gratuity(e.g., an entertainment or gift) to an officer, official, or employee of the Government; and (2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. (b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction. (c) If this contract is terminated under paragraph(a) above,the Government is entitled- (1) To pursue the same remedies as in a breach of the contract; and (2) In addition to any other damages provided by law,to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph(c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.) (d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. Article 13. Examination of Records by Comptroller General. The Cooperator agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment under this agreement or such less time specified in Appendix M of the Defense Acquisition Regulation have access to and the right to examine any directly pertinent books, documents,papers, and records of the Cooperator involving transactions related to this agreement. Article 14. Audit by Department of Defense. Upon request, the Cooperator shall provide, and the Corps shall have the right to examine, books, records, documents,and other evidence of accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of this agreement. Article 15. Service Contract Act of 1965, as Amended (Jul 2005) FAR 52.222-41 (a)Definitions. "Act," as used in this clause, means the Service Contract Act of 1965, as amended (41 U.S.C. 351, et seq.). "Contractor," as used in this clause or in any subcontract, shall be deemed to refer to the subcontractor, except in the term"Government Prime Contractor." "Service employee,"as used in this clause, means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons. (b)Applicability. This contract is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 356, as interpreted in Subpart C of 29 CFR Part 4. (c) Compensation. (1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract. (2) (i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e.,the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison)between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c). (ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary. (iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination. (iv) (A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed. (B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph(c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting)the previous conformed rate and fringe benefits by an amount equal to the average (mean)percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision(c)(2)(ii) of this clause need not be followed. (C)No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. (v) The wage rate and fringe benefits finally determined under this subparagraph(c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (vi) Upon discovery of failure to comply with subparagraph(c)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work. (3)Adjustment of compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years,under wage determinations issued by the Wage and Hour Division. (d) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under subparagraph(c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4. (e)Minimum wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract(regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee. (f)Successor contracts. If this contract succeeds a contract subject to the Act under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work(regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or the Secretary's authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11,that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations,the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator,the Administrative Law Judge, or the Board of Service Contract Appeals, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract(53 Comp. Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision. (g)Notification to employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract. (h)Safe and sanitary working conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925. (i)Records. (1) The Contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration, a record of the following: (i) For each employee subject to the Act-- (A)Name and address and social security number; (B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation; (C) Daily and weekly hours worked by each employee; and (D)Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. (ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph(c) of this clause. A copy of the report required by subdivision(c)(2)(ii) of this clause will fulfill this requirement. (iii)Any list of the predecessor Contractor's employees which had been furnished to the Contractor as prescribed by paragraph(n) of this clause. (2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division. (3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases. (4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (j)Pay periods. The Contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction(except as otherwise provided by law or regulations, 29 CFR Part 4), rebate, or kickback on any account. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this Act may not be of any duration longer than semi-monthly. (k) Withholding of payments and termination of contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the Contracting Officer may, after authorization or by direction of the Department of Labor and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event,the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost. (1)Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Act. (m) Collective bargaining agreements applicable to service employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof. (n)Seniority list. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor(predecessor) or successor(29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract. (o)Rulings and interpretations. Rulings and interpretations of the Act are contained in Regulations, 29 CFR Part 4. (p) Contractor's certification. (1) By entering into this contract, the Contractor(and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under section 5 of the Act. (2)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under section 5 of the Act. (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (q) Variations, tolerances, and exemptions involving employment. Notwithstanding any of the provisions in paragraphs (b)through(o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor,pursuant to section 4(b) of the Act prior to its amendment by Pub.L.92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business: (1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental deficiency, or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a)(1) or 2(b)(1) of the Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a)(2) of the Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator(29 CFR Parts 520, 521, 524, and 525). (2) The Administrator will issue certificates under the Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525). (3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR Parts 525 and 528. (r)Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Office of Apprenticeship Training, Employer, and Labor Services (OATELS), U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. (s) Tips. An employee engaged in an occupation in which the employee customarily and regularly receives more than$30 a month in tips may have the amount of these tips credited by the employer against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act, in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531. However, the amount of credit shall not exceed $1.34 per hour beginning January 1, 1981. To use this provision-- (1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); (3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; and (4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act. (t)Disputes concerning labor standards. The U.S. Department of Labor has set forth in 29 CFR Parts 4, 6, and 8 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor(or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. Article 16. Any changes in the provisions of this agreement, which are necessary and proper will be made by formal amendment signed by both parties. IN WITNESS WHEREOF,the parties hereto have executed this agreement as of the day and year first written above. U.S. ARMY CORPS OF ENGINEERS CITY OF WYLIE FORT WORTH DISTRICT BY: BY: Leslie E. Guy John Moody, Mayor Contracting Officer City of Wylie DATE: DATE: RESUME OF NEGOTIATIONS On 16 January 2007, Trinity Project Recreation Specialist James Murphy contacted Chief Jeff Butters, concerning an agreement for additional surveillance by the Wylie Police Department at Lavon Lake during the summer of 2007. The proposed schedule of services would be for approximately 948 hours of surveillance. The City Manager approved a Resolution Order for consideration and approval of request that the City of Wylie enter into an agreement with the U. S. Army Corps of Engineers for law enforcement services around Lavon Lake. The City Auditor computed the hourly rate to be $ 57.90 per man-hour as shown in the projection of costs for the contract. The projection of costs is based on 948 hours total using one or two patrol officers each week as scheduled, including all required equipment. Wylie officials agree with the Lake Manager that additional law enforcement surveillance is needed at Lavon Lake and that this additional surveillance is only possible by contract. The Wylie Police Department will continue to answer calls and provide the existing level of surveillance without compensation. tia6a/2- -7 'SUSAN HANEEY ate JEFF BUTTERS Date Manager Chief Lavon Lake Office Wylie Police Department WYLIE POLICE DEPARTMENT 2007 LAKE PATROL CALCULATIONS Patrol Officers: 948 Hours x $36.94 (avg. o/t rate) $35,019.12 Supervisor: 15 Hours x $36.22 (Lt. Stowers rate) $ 543.30 Clerical Support: 20 Hours x $17.92 $ 359.40 Dispatcher: (weekend only) 192 hours x $27.22 $ 5,226.24 FICA /Medicare: 0.0765 x $41,148.06 $3,147.83 Liability Insurance: (Police Officers) 0.31 x 948 $ 293.88 TMRS: (retirement system) .089 x $41,148.06 $ 3,662.18 Workers Compensation: .0505 x $41,148.06 $ 2,077.98 Vehicle Allowance: (mileage from 2005) 9500 x $.48 $ 4,560.00 Total: $ 54,889.93 $54,889.93 / 948 hours = $57.90 per hour Appendix A 1. The Wylie Police Department agrees to provide supplemental law enforcement services (enforcement of state criminal and civil laws and local criminal and civil laws above and beyond normal coverage) on U.S. Government Property within Wylie City Limits at Lavon Lake. Standard surveillance will be concentrated primarily in developed park areas. Standard surveillance will include vehicular patrol of the areas listed below and other areas of government property as requested by Corps Personnel (e.g. outlying areas of government property within the Wylie city limits experiencing problems with off-road vehicles, etc.). Lavon Lake: East Fork Park, Avalon Park, Lake Office and Spillway area, Lavon Dam, Lavonia Park, Motocross Area, Mallard Park, Little Ridge Park, and Pebble Beach Park. 2. The Wylie Police Department agrees to provide the following law enforcement services: a. Patrol the areas listed in paragraph one. b. Maintain order in the park areas. c. Control traffic by visual observation and by the use of electronic radar units. d. Inform park users of federal, state, and local laws and regulations through personal contacts. e. Cite or arrest violators committing applicable offenses. f. Respond to calls for assistance by Corps of Engineer Park Rangers. 3. Patrols will begin on the first scheduled day shown on the patrol schedule after receiving notice that this agreement has been approved. 4. Wylie Officers will adjust their patrol schedules and routes to serve specific parks or other areas as requested by Corps personnel. Permanent park rangers may make temporary adjustments in patrol schedules and routes, as they deem necessary. 5. The Chief of Police and the Lavon Lake Manager will agree to and approve all permanent schedule adjustments. 6. Patrol officers will prepare a Daily Law Enforcement Log in accordance with the attached Appendix B format. The log will be completed in detail and submitted to Lavon Lake Office at the end of each week. Copies of arrest reports and accident reports (for arrests and accidents occurring on government property)will be submitted or faxed to the Lavon Lake Office as soon as possible. The fax number for the Lavon Lake Office is 972/442-1109. Copies of log sheets for Wylie Police Department records will be the responsibility of Wylie Police Department. 7. Wylie officers will remain in the lake area(in the parks and/or moving between parks or other areas of government property). If an emergency situation arises that makes it necessary for an officer to leave the lake area, that officer will, if possible, contact the permanent park ranger on duty and advise him or her of the situation. The officer will also note the time he or she left the lake area,the purpose for having to leave, and the time returned to the lake area on the Daily Law Enforcement Log. 8. All officers will wear the standard uniforms normally worn by the Wylie Police Department personnel. 9. All patrol vehicles will have the standard insignia and markings normally used by the Wylie Police Department. Patrol vehicles will also be equipped with standard law enforcement type lights, radios, and any other equipment necessary to perform the required services. The Wylie Police Department will furnish and maintain one portable radar unit for at least one patrol unit per shift. The Wylie Police Department will be responsible for all vehicle costs. This includes insurance, fuel, maintenance, and any other costs associated with the operation of each vehicle. 10. Officers will notify the permanent park ranger on duty of any accidents, fatalities, missing persons, or serious crimes that occur on government property. 11. The duration of this agreement will be for a total of 948 man-hours. The total cost(per the City of Wylie cost breakdown) for the time period indicated will be $54,889.93. ($ 57.90/man-hour x 948 man-hours = $ 54,889.93) 12. The cost per patrol unit, for providing law enforcement services described in paragraph 2, will be $ 57.90 per man-hour. A patrol unit will consist of a vehicle, one certified law enforcement officer, and all the equipment necessary for the performance of the officer's duties. 13. The Wylie Police Department will provide the Lake Manager with a request for payment for reimbursable services performed each month. The request for payment will be based on the number of patrol hours involved. The request for payment must include the starting and ending dates of the billing period in question. The request for payment will be submitted no later than five calendar days after the close of the month being reported. Failure to meet the criteria mentioned above may result in delayed payment. The total cost of services provided during the term of this agreement may not exceed $ 54,889.93. 14. The following individuals are designated to issue and receive requests for reimbursable law enforcement services under this agreement: Corps of Engineers Representative Susan Haney Lake Manager 3375 Skyview Drive Wylie, TX 75098 972/442-3141 Fax 972/442-1109 Wylie Police Department Representative Jeff Butters Chief of Police 2000 N. Hwy 78 Wylie, TX 75098 972/442-8171 15. The Lake Manager or his representative will conduct an orientation for all officers and supervisors that will be participating in this agreement. The purpose of this orientation will be to familiarize the law enforcement personnel with the policies and procedures of the Corps of Engineers and to familiarize Corps personnel with the functions and duties of the Wylie Police Department. If an officer begins providing the services of this agreement after the initial orientation,he or she will be required to meet with the Lake Manager or his representative before beginning work. 16. State and local law enforcement agencies generally have the same authority and responsibilities on U.S. Army Corps of Engineers' property as they do elsewhere in their respective jurisdictions. Therefore, requests by the Corps of Engineers for emergency law enforcement or responses by Wylie Police Department to situations occurring outside of the scope of this agreement will not be reimbursable. (E.g. officers responding to a call on government property after the scheduled patrol hours, officers working a call on government property and having to stay past the scheduled patrol time, etc.) 17. The initial patrol schedule will be as follows: Normal Schedule May 27, 2007 - September 03, 2007 Day Shift(s) No. of 1 Man Hours Units Monday 1700 - 2300 1 6 Tuesday 1700 - 2300 1 6 Wednesday 1700 - 2300 1 6 Thursday 1700 - 2300 1 6 Friday 1600 - 2300 1 7 Saturday 1100 - 2100 1 1300 - 2300 1 20 Sunday 1100 - 2100 1 1300 - 2300 1 20 Special Schedules* Date Shift(s) No. of 1 Man Units Hours May 28, 2007 1100-2100 1 20 1300-2300 1 July 4, 2007 1100-2100 1 20 1300-2300 1 September 3, 2007 1100-2100 1 20 1300-2300 1 *Special Schedules replace normal schedules for dates indicated **Weekday (Monday-Thursday) patrol will be eliminated on Tuesday,31 July 2007. Attachment 2 DAILY LAW ENFORCEMENT LOG For Reports Required Under Contract Number with the U. S. Army Corps of Engineers Contractor Project Officers Name(s) Date Period Worked on Government Property Total Number of Hours Number of Complaints Number of Arrests and Type of Complaint: May 2007 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1100-2100 1100-2100 1700-2300 1700-2300 1700-2300 1300-2300 1300-2300 58 hrs. June 2007 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1600-2300 1100-2100 1300-2300 3 4 5 6 7 8 9 1100-2100 1700-2300 1700-2300 1700-2300 1700-2300 1600-2300 1100-2100 1300-2300 1300-2300 10 11 12 13 14 15 16 1100-2100 1700-2300 1700-2300 1700-2300 1700-2300 1600-2300 1100-2100 1300-2300 1300-2300 17 18 19 20 21 22 23 1100-2100 1700-2300 1700-2300 1700-2300 1700-2300 1600-2300 1100-2100 1300-2300 1300-2300 24 25 26 27 28 29 30 1100-2100 1700-2300 1700-2300 1700-2300 1700-2300 1600-2300 1100-2100 1300-2300 1300-2300 311 hrs. July 2007 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 1100-2100 1700-2300 1700-2300 1100-2100 1700-2300 1600-2300 1100-2100 1300-2300 1300-2300 1300-2300 8 9 10 11 12 13 14 1100-2100 1700-2300 1700-2300 1700-2300 1700-2300 1600-2300 1100-2100 1300-2300 1300-2300 15 16 17 18 19 20 21 1100-2100 1700-2300 1700-2300 1700-2300 1700-2300 1600-2300 1100-2100 1300-2300 1300-2300 22 23 24 25 26 27 28 1100-2100 1700-2300 1700-2300 1700-2300 1700-2300 1600-2300 1100-2100 1300-2300 1300-2300 29 30 31 1100-2100 1700-2300 324 hrs. 1300-2300 August 2007 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 1600-2300 1100-2100 1300-2300 5 6 7 8 9 10 11 1100-2100 1600-2300 1100-2100 1300-2300 1300-2300 12 13 14 15 16 17 18 1100-2100 1600-2300 1100-2100 1300-2300 1300-2300 19 20 21 22 23 24 25 1100-2100 1600-2300 1100-2100 1300-2300 1300-2300 26 27 28 29 30 31 1100-2100 1600-2300 1300-2300 195 hrs. 1 September 2007 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 1100-2100 1300-2300 2 3 4 5 6 7 8 1100-2100 1100-2100 1300-2300 1300-2300 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23/30 24 25 26 27 28 29 60 hrs. Total Hrs. 948 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 8, 2007 Item Number: C Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: 4/30/07 Budgeted Amount: $160,000 Exhibits: Change Order Subject Consider, and act upon, approval of a change order, in the amount of$137,815.00, to Crescent Constructors, Inc. for the installation of two additional pumps to the Nortex Pump Station. Recommendation Motion to approve the change order to Crescent Constructors, Inc., in the amount of$137,815.00, for the installation of two additional pumps to the Nortex Pump Station. Discussion On December 12, 2007, Council awarded a construction contract to Crescent Constructors, Inc. in the amount of $1,069,280.00 for the improvements to the Nortex Pump Station. The improvements include a new pump building with three 1,600 gallon per minute pumps, and related piping, valves and electrical equipment. The pump station is designed for expansion to five pumps to accommodate the future build out of the service area. On March 27, 2007, Council approved the issuance of combination tax and revenue certificates of obligation to fund the 5-year water system capital improvement plan. The plan identifies the necessary improvements to the water system to provide service for the project growth over the next five years. $160,000.00 was included for the addition of one pump at the Nortex Pump Station. The 10-year water capital improvements plan indicates that the fifth pump will be necessary in 2012. Crescent Constructors, Inc. submitted a price of $68,945.00 for the installation of one additional pump including all related electrical and piping improvements. The price for the pump is substantially less than budgeted; therefore, staff recommends the fifth pump be installed at this time which will complete all of the pump improvements and increase the capacity of the station to 8,000 gallons per minute (11.5 MGD). The change order also includes modification to the roof drains and the painting. Approved By Initial Date Department Director nl� CH 04/30/07 City Manager l► I q3/0') Page 1 of 1 PRELIMINARY DRAFT CITY OF WYLIE, TEXAS NORTEX PUMP STATION IMPROVEMENTS CHANGE ORDER NO. 1 A. INTENT OF CHANGE ORDER The intent of this change order is to modify the provisions of the contract entered into between the City of Wylie, Texas and Crescent Constructors, Inc., 1100 Grinnell Dr., Richardson, Texas 75081, for construction of the Nortex Pump Station Improvements, dated December 12,2006. B. DESCRIPTION OF CHANGE 1. Furnish all labor,materials and equipment to install two (2) Vertical Turbine Pumps together with all related, pipe. fittings, valves, electrical controls and miscellaneous appurtenances to provide two (2) additional complete and operable pumping units. Revise SCADA controls to allow simultaneous operation of up to three pumps with two pumps locked out and to cycle through all the pumps in normal operation. 2. Furnish all labor, materials and equipment to install collector heads and downspouts to the roof drains in lieu of the original scuppers. 3. Seal the New Pump Building with Prime-A-Pell or Chemcrete in lieu of painting per the original plans. Prepare and paint the exterior walls of the original pump building. C. EFFECT OF CHANGE ON CONTRACT AMOUNT This change order will have the following effect on the cost of this project: Item Previous Quantity Revised ___ Amount No. Description Quantity This C.O. Quantity Unit Unit Price of Change 1-A Add complete and operable pumping units 0 2 r 2 Ea. $68,945.00 $137,890.00 1-B Provide collector heads and downspouts 0 1 1 L.S. $1,741.00 $1,741.00 1-C Seal New Building&Paint OriAnal Bldg. 0 I 1 L.S. ($1r816.00) ($1,816.00) Total: $137,815.00 Original Contract Amount: $ 1,021,000.00 Change Order No. 1 $ 137,815.00 Revised Contract Amount: $ 1,158,815.00 clerical v"lie\20u6-I20 north,pump stanonuconatruenon bidspecs\change orde uc a dot (4/30'2007) Page 1 of 2 City of Wylie Nortex Pump Station Improvements Change Order No. 1 PRELIMINARY DRAFT D. EFFECT OF CHANGE ON CONTRACT TIME The work required under this change order will add no calendar days to this project. Original Contract Time 130 calendar days Change Order No. 1 100 calendar days Revised Contract Time: 230 calendar days The completion date for the project will be revised as follows: Notice To Proceed Issued January 2,2007 130 Calendar Days May 12. 2007 (Original Completion Date) Change Order No. 1 (100 Calendar Days) August 20.2007(Change Order ft l Completion Date) E. AGREEMENT By the signatures below of duly authorized agents,the City of Wylie, Texas and Crescent Constructors, Inc. do hereby agree to append this Change Order No. 1 to the original contract between themselves, dated December 12,2006. City of Wylie Crescent Constructors,Inc. Owner Contractor .. ' By: By: e) 14/ (signature) (sig ture7 Name: Name: /f/C 4tL Lr' .124/6 "- (please print) (please print) Title: Title: A'L`J/i11p FN-r (please print) (please print) Date: Date: © Sb1 ll0 7 Attest: Attest: / / /4- clencal wvhe,2006.120 nonex pump station construction bid specs change ordenrca-l.doc (4 30 2007) Page 2 of 2 Crescent Constructors, Inc. 1100 Grinnell Drive Richardson,Texas 75081 Phone (972) 783-6901 Cell(469) 576-0612 Fax(972)437-2845 April 10, 2007 Birkhoff, Hendricks& Conway, L.L.P Consulting Engineers 7502 Greenville Ave., #220 Dallas,TX. 75231 Attention: Joe Carter, P.E. Reference: Nortex Pump Station(City of Wylie) Change Order#1 Proposal Gentlemen: Crescent Constructors, Inc. (Crescent)offers the following Change Order proposal for the addition of Pump No.4: • Pump Purchase $20,100 • TPC Electric's Proposal $18,796 • Pump Control Valve $10,123 • GCE Painting Proposal $ 1,065 • I Ea.12x10 FG DI Eccentric Reducer $ 145 • 1 Ea.12"x3' FGxFG DI Spool w/ 1/2" Threaded Boss$ 385 • 2 Ea. 12"xl' FGxPE DI Spool @$255 $ 510 • 1 Ea. 12" Coupling $ 525 • 1 Ea. Thrust Harness w/Tie-Rods $ 1,400 • 1 Ea. 12"xl FGxFG DI Spool $ 255 • 1 Ea. Pressure Gage w/ Isolation Valve $ 80 • 1 Ea. 10"Nut, Bolt, & Gasket Set $ 15 • 4 Ea. 12"Nut, Bolt,& Gasket Set $ 68 • Misc. Materials(Drain Pipe, Grout, etc.) $ 50 • Anchor Bolts for Pump to Can $ 200 • Owned& Operated Pick (Crane) (8 Hr @$150/Hr) $ 1,200 • Labor (3 Men @ $13/hour @ 40 Hours) $ 1,560 • Superintendent(1 week @$1300/week) $ 1,300 • Labor Burden(GL,W.Comp,Fica,Suta(2860@,35%)$ 1,001 Subtotal $58,778 Overhead &Profit ( 15% $ 8,816 Subtotal $67,594 Performance & Payment Bond Adder C7a,2% $ 1,351 TOTAL $68,945 The price above is a per pump price addition. The contract will require a time extension that would be equal to the longest delivery time quoted by the Pre-selected suppliers plus two weeks for installation. Also, Crescent would not be interested in this change if the retainage of the original contract is held until the additional pumps or installed. This price is valid for 15 days. Please direct us as soon as possible. Sincerely, ft/441d Michael G. Daigre BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave.,#220 Dallas,Texas 75231 Fax(214)361-0204 Phone(214)361-7900 MEMORANDUM To: Chris Hoisted,P.E. From: Joe R. Carter,P.E. Sent via Email Date: Revised February 22,2007 Subject: Water Distribution System 5-Year Capital Improvement Plan At your request, we reviewed the Water Distribution System 5-Year Capital Improvement Plan as outlined by the City of Wylie Agenda Report dated November 14, 2006. We met with you and Mike Sferra yesterday to discuss the 5-Year Capital Improvements Plan and how funds should be allocated. The budget costs listed in the Agenda Report were based on information contained in the Impact Fee Report. Since the time of that report we have begun detailed design on several elements in the Water Distribution System Capital Improvement Plan and we have better information for more precise opinions of construction cost. Based on the results of our meeting we recommend the following projects to be included in the Water Distribution System 5-Year Capital Improvements Plan: 730 Service Area(High Pressure Service Area) Project Budget Cost Newport Harbor 2.0 MG Ground Storage Tank $1,700,000 • Newport Harbor Pump Station Improvements(1 pump) $ 160,000 Newport Harbor(FM 1378) Water Distribution Line No. 1 $1,400,000 McCreary Road Water Distribution Line $ 990,000 Total High Pressure Service Area $4,250,000 679 Service Area (Low Pressure Service Area) Project Budget Cost Nortex 1.5 MG Ground Storage Tank $1,275,000 Nortex Pump Station Improvements(1 pump) $ 150,000 SH 78 Distribution Line No. 1 (NTMWD to Eubanks) $ 540,000 Brown Street Distribution Line $ 300,000 *NTMWD Pump Station Improvements $ 985,000 Total Low Pressure Service Area $3,250,000 i:klaicaherylie11-4090 general servieea1104-mnnrd pump eta valor modaleaezAla5yrcip•+nemo(2).da Page 1 of 2 City of Wylie 2/22/2007 • Water Distribution System 5-Year Capital Improvement Plan Page 2 of 2 *Important Note The "NTMWD Pump Station Improvements" budget amount of $985,000 is the approximate construction cost for the originally planned first phase of improvements to the NTMWD Pump Station. Increasing the pumping capacity at NTMWD or building a new pumping facility is essential to be able to serve any heavy industrial type of demand along State Highway 78 over the next five years. The improvements included in the stated budget amounts will allow for some light industrial or commercial development along State Highway 78 over the next five years without completing the NTMWD Pump Station Improvements. During our second meeting with the NTMWD regarding the proposed pump station improvements they informed us that an air gap must be provided. That requirement more than doubles the probable cost of the pump station improvements (adding$1.2M to $1.3M). The NTMWD has indicated that it is unlikely they will pay for construction of the additional pump station and related facilities necessary to provide an air gap but this is not known for certain until a formal request is made. The remainder of the SH 78 Distribution Line is also required to provide sufficient water for Heavy Industrial demands along State Highway 78 and the approximate construction cost of the portion of that project not included in the 5-Year C1P is $1,320,000. If the NTMWD will not participate in the cost of improvements at the current NTMWD Pump Station site and the Brown Street Pump Station option is selected the approximate construction cost of the first phase of improvements is $3,900,000 requiring $2,915,000 more than is included in this bond proposal. cc: Mike Sferra Mindy Manson Larry Williamson jAkkriedlwylio11.4O90 general eerviee.tl04-ntmwd pump sta water nwaePIrnesucl5yreip-mrnn(2).one 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 8, 2007 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Charles Lee Account Code: Date Prepared: 04/12/07 Budgeted Amount: Exhibits: One Subject Consider, and act upon, approval of a Final Plat for Garnet Hill Addition, Block A, Lot 1 creating a single lot on 6.0 acres for a residential retirement development. The property is generally located southeast of McCreary Road and Creekside Estates Drive. Recommendation Motion to approve a Final Plat for Garnet Hill Addition, Block A, Lot 1 creating one lot, generally located east of McCreary Road and south of Creekside Estates Drive, subject to filing and recording of the off-site drainage easement necessary to accommodate the development. Discussion The property totals 6.0 acres and will create one (1) one lot. The applicant intends to develop a single story, 59,818 square foot Nursing, Convalescent or Hospice facility on the property. Zoning on the property was established in October 1999 (PD99-32) adopting an overall concept plan for Creekside Estates Master Plan. The adopted concept plan designated this tract's zoning as Business-1 (B-1). B-1 zoning allows for nursing home uses by right. For drainage purposes, a 24" storm sewer pipe connects to an inlet located at the far southwestern portion of the property. The applicant is working towards (by separate instrument) securing an off-site 48' X 20' drainage easement located on abutting property to the south. This off-site easement is necessary to accommodate the development of the property. A Final Site Plan for Lot 1 was approved by the Commission on April 17, 2007. The Final Plat complies with all applicable technical requirements of the City of Wylie. Planning and Zoning Commission voted 6-0 to recommend approval. Approved By Initial Date Department Director RO 4/12/07 City ManagerMO) c L /0 I--7 Page 1 of 1 If -H YOU.AMA M.WA MO 110:006 11001 COM.C. • VC 1 KOLL Cf 001010 W▪OO 000101 '',.1. Prow A A 6�A PC Ra KO MOO wA A Wv vM.G a > w L.NK.,a M ON COCA P [ I ,, ' ° t• LOT,2 ' wwOMawMs AGM-OD"TNM1rMYo M2 so(A10 bo um w[iq¢rtb`wY),ro a rooms<NiMM <0 1�'n.V[0 RA NG a r.M. LOT 1 ``�\ tl L xwA w'wPwwro-Rxn M aaoxmm[m�,G ewc�[vrr[. 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Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 5, 2007 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Charles H. Lee,AICP Account Code: Date Prepared: 04/11/07 Budgeted Amount: Exhibits: 3 Subject Hold a Public Hearing and consider, and act upon, amending zoning from Light Industrial (LI) to Planned Development (PD) District, generally located east of Regency Drive and north of Steel Road. Zoning Case 2007-02 Recommendation Motion to approve amending zoning from Light Industrial (LI) to Planned Development (PD) District, generally located east of Regency Drive and north of Steel Road. Zoning Case 2007-02 Discussion Owner: Nicom Construction Inc. Applicant: Mr. Bryan Rogers The applicant is requesting to rezone the property to allow for an innovative and viable office- showroom/warehouse development to accommodate growing demands for flexible facilities designed to support the light manufacturing/assembling & hi-tech business sector. Located in the Regency Business Park, the property consists of two un-platted tracts and one partially developed lot, totaling 3.7 acres. The property was annexed into the City in July, 1984 (Ordinance 84-38) and zoned Industrial (I) at that time. Subsequent amendments to the zoning ordinance changed zoning designations on the property from Industrial (I) to Business Commercial (BC). The current zoning on the property is LI and it has been partially used for commercial and light industrial uses (auto towing& storage and contractors maintenance yard). Properties to the north, south, east and west of subject property are zoned LI. The surrounding properties are also within Regency Business Center. The surrounding uses include existing mini-warehouses to the north, heavy manufacturing/fabricating to the west and contractors maintenance yards & heavy equipment & repair facility to the south and east. The Comprehensive Land Use Plan recommends Light Industrial zoning on subject property as well as abutting properties. This request is consistent with the Land Use Plan. The applicant proposes to demolish an existing structure on the property. The property has gentle, flat terrain and will require right-of-way dedication at the platting stage of development. Water and sanitary sewer services are available to accommodate development of the property. LI district's primary focus is to provide for commercial and industrial uses that serve regional, state, and Page 1 of 2 Page 2 of 2 national markets with retail, office and business-serving uses as needed. LI uses include light assembly & fabrication, warehousing & distribution from previously prepared materials and parts. The applicant has submitted a concept/development plan (Exhibit A) and Planned Development stipulations/provisions (Exhibit B)to be adopted along with this request. As reflected on the Exhibit A, Concept Plan, three (3) properties are assembled to create nine (9) separate lots with office-showroom/warehouse and light assembly & fabrication uses. The proposed lots range from one- quarter(1/4) acre to just over three-quarters (3/4) acre in size,with single-story buildings ranging from 4,225 to 9,000 square feet of floor area. Access to site is provided directly from Regency Drive and Steel Road,with six (6) interior lots fronting the private drive/dedicated 24 feet fire lane easement. In addition, the applicant proposes an interior landscaped open space area serving as a picnic/park amenity located towards the middle eastern portion of the development. The applicant proposes a mandatory Property Owner's Association (POA) for upkeep and maintenance of open areas,private drives and compliance with applicable building, architectural and landscaping standards. The PD shall comply with Zoning Ordinance, Article 4, Nonresidential District Regulations, Section 4.2 Industrial Districts development standards with exception of the followings. 1. Reduction in required minimum 25 feet rear yard setback to minimum 10 feet. 2. Required minimum 10% landscaping requirement be based on total developable area of the business campus, and shall provide for interior walks leading to park-picnic area. 3. Required parking shall be based on total developable area of the business campus and the developer shall utilize optional parking areas when necessary. 4. Mandatory Property Owner's Association shall be established for entire PD for the upkeep, maintenance and compliance of open areas,private drives and standards in accordance with Subdivision Ordinance. CONSIDERATIONS: 1. The surrounding zoning and land uses is compatible with the applicant's request for PD. The applicant's proposed PD is consistent with meeting the current market needs and City's goal in attracting high-tech, low impact assembly&manufacturing end-users to the Regency Business Park. 2. The request for PD zoning as presented is consistent with the Comprehensive Land Use Plan. 3. The applicant's request generally conforms to the Zoning Ordinance's Nonresidential District Regulations for Site, Landscaping and Architectural designs. Staff recommends approval as submitted and adoption of Exhibits A&B as part of the ordinance. BOARD COMMISSION RECOMMENDATION: At the April 17, 2007 Planning & Zoning Commission meeting, the Commission voted 5-1 to recommend approval of Zoning Case 2007-02. One P&Z Commissioner voted in opposition, voicing concerns regarding the allowance of a private drive— access easement instead of public street serving six of the nine proposed lots and possible maintenance&upkeep of the proposed private drive may present an undue burden upon the City. Notification/Responses: Eighteen (18) notifications were mailed, with no written response at the time of posting. Approved By Initial Date Department Director RO 4/11/07 City Manager '! m ,5 J /o7 1 ,777,77 , iikvimuni • , 41114111,410NMNMII /r • i ' ' ' , ' �= 1 Subject JJIIiifJJ iiII..4 Property INNIMBEIIL=Mil":i111// 111111I► 11ii11�����ir111 ; II i - Iii1i1 mac•IIIII��� ,ILII41.6 ,„. r m 1:::::16,i = 111 ..... , , , amming. ------------;-tl'keteir---7-.- 1 ------- r Aim Mir- --.....\ 111111111 111111111211=1111111 voimg in . • Salvo - leik _,...—Y---u ...f)011 ' ijI:=i?' , '41- .. li : ilumillille it:, : ........ kirk • , I i ; " c 1 ! 1 ! ., :i: : : 1} 1 • ---- / I L , ' _ b�_.._.._.1 i 7 ! i , a H • 1 i 01:'1 ei i LOCATION MAP ZONING CASE #2007-02 PLAN DEVELOPMENT CONDITIONS FOR THE REGENCY STEEL BUSINESS CAMPUS LOCATED IN THE REGENCY BUSINESS PARK 1. The Site Plan shall be adopted as a part of this Ordinance. Articles, Sections, and Figures specified herein refer to City of Wylie Zoning Ordinance. In the case of conflict,the Site Plan and/or this document shall take precedence. 2. The Regency Steel Business Campus shall be designated as a Light Industrial district (LI)per Article 4, Section 4.2. 3. Section 4.3 Nonresidential Design Standards shall be adopted, except as shown on the Site Plan and/or as noted herein. a. Entrances or facades for buildings adjacent to a public street shall be oriented toward a public street. Entrances or facades for buildings located inside the campus may face the private drive or the property side. b. Service and loading areas shall not directly face a public street but may face the interior private drive. c. All mechanical units located on the roof of a building shall be screened with a parapet wall. d. All buildings shall be finished on all sides in a unified architectural concept conforming to LI standards, to provide for a consistent facade design and roof line configuration. e. Landscape requirements shall be based on total developable area as delineated on the Site Plan, however common open space shall be provided to include a park/picnic type setting. f. Parking requirements shall be based on total developable area. 4. Front yard setback shall be 25 feet. Side and rear setback shall be 10 feet minimum. 5. Allowed use shall be as permitted under Article 5 Use Regulations, Section 5.1 Land Use Charts, Figure 5-3 Land Use Tables, Non-Residential Districts, LI and Section 5.2 Listed Uses,as defined in the Zoning Ordinance of the City of Wylie. 6. Signage shall be limited to one monument sign per street access and minimal on- building identification. 7. Provision for the maintenance of common area, campus monument signage, and the private drive through the business campus shall be established through a permanent Property Owners Association (POA) with mandatory participation as specified in property sales contracts. 8. No fencing on lots that face the private drive shall extend past the face of the building. Fencing materials shall meet Light Industrial zoning regulations. 9. Provision of a letter from Jeffrey Nix with NiCom Construction stating intent to begin construction within 12 months of the adoption of the Ordinance enacting this rezoning. 1 of 1 ai,C3i3:ST 1S1 a a. LL3,..'"34 • 7.7.ii-_., .1711 .....• , '-.. . 03 F. I .: '- . '.F'.:A n'''' I 1 ri...'..' '.:441, d . 7'T- , e t''..,."e•., .''' ,..7.-.k.--:',1..J.e.t, -•---- u,,-, , PI ....7 1 ,.-- ,....,,T7T\ • "r ' ::, ....., d 1.4 ..i. U ,I ..) 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E Ix 71 I, 1....• :It-0.....-ttal FA, .:433 103 1 i Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 8, 2007 Item Number: 2 Department: Police (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: April 11, 2007 Budgeted Amount: Exhibits: Proposed Ordinance/Map Subject Consider, and act upon, Ordinance No. 2007-13 amending Chapter 74 of the Wylie Code of Ordinances to add a new article for the purpose of establishing the regulation of sex offender residency by making it unlawful for certain sex offenders to reside within one thousand (1,000) feet of premises where children gather; providing that a culpable mental state is not required for committing an offense under this ordinance; providing for a penalty for the violation of this ordinance; providing for affirmative defenses; providing for repealing, savings and severability clauses; providing for the publication of the caption hereof; and providing for an effective date of this ordinance. Recommendation A motion to approve Ordinance No. 2007-13 amending Chapter 74 of the Wylie Code of Ordinances to add a new article for the purpose of establishing the regulation of sex offender residency by making it unlawful for certain sex offenders to reside within one thousand (1,000) feet of premises where children gather; providing that a culpable mental state is not required for committing an offense under this ordinance; providing for a penalty for the violation of this ordinance; providing for affirmative defenses; providing for repealing, savings and severability clauses; providing for the publication of the caption hereof; and providing for an effective date of this ordinance. Discussion The proposed ordinance prohibits registered sex offenders from living within 1000 feet of places frequented by minors including parks, schools, child care centers, playgrounds, recreation centers, public swimming pools, commercial amusement centers designed or marketed for minors, and public stadiums or playing fields. The ordinance also requires that sex offenders keep their porch light off during Halloween and do not solicit minors to trick or treat at there residence. The Texas attorney general has recently rendered an opinion upholding Cities authority to pass such ordinances. This ordinance has become important for Wylie as some registered sex offenders have begun avoiding Cities that have adopted similar ordinances. This ordinance will greatly restrict where registered sex offenders can live in the City of Wylie. Approved By Initial Date Department Director JB 4-11-07 City Manager /1 5 /3( G.7 Page 1 of 1 ORDINANCE NO. 2007-13 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 74 OF THE WYLIE CODE OF ORDINANCES TO ADD A NEW ARTICLE FOR THE PURPOSE OF ESTABLISHING THE REGULATION OF SEX OFFENDER RESIDENCY BY MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN ONE THOUSAND (1,000) FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING THAT A CULPABLE MENTAL STATE IS NOT REQUIRED FOR COMMITTING AN OFFENSE UNDER THIS ORDINANCE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has determined and declares that sex offenders are a serious threat to public safety; and WHEREAS, the City Council determines that the recidivism rate for released sex offenders is alarmingly high, especially for those who commit their crimes against children; and, WHEREAS, the City Council determines that establishing a policy to restrict the property available for residence of sex offenders and deterring children from visiting the residence of a sex offender for Halloween will provide better protection for children gathering in the City of Wylie("City"); and WHEREAS, Article 42.12 (13B) of the Texas Code of Criminal Procedure allows a 1,000 foot safety zone for children, as a condition of probation for those convicted of certain sexual offenses; and WHEREAS, the City Council has investigated and determined that it would be in the best interest of the citizens of Wylie to establish the regulations set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: Section 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Section 2: Chapter 74 of the Wylie Code of Ordinances Amended. Chapter 74 of the Code of Ordinances of Wylie is hereby amended to add the following as a new Article: I. Establishment of the Regulation of Sex Offender Residency. Ordinance No.2007-13 Ordinance Regulating Sex Offenders Page 1 A. Definitions. For the purposes of this Chapter, the following terms, words, and the derivations thereof shall have the meanings given below. (1) Minor. A minor is a person younger that seventeen (17) years of age. (2) Permanent Residence. A place where a person abides, lodges, or resides for fourteen(14) or more consecutive days. (3) Temporary Residence. A place where a person abides, lodges, or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where a person routinely abides, resides, or lodges for a period of four(4) or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. B. Offenses. (1) For each person required to register on the Texas Department of Public Safety's Sex Offender Database (the "Database") because of a violation involving a victim who was less than sixteen (16) years of age, it is unlawful for that person to establish a permanent residence or temporary residence within one thousand (1,000) feet of any premise where children commonly gather, which for the purposes of this Chapter shall be a public or private park, public or private school, child care center, public or private playground, public or private youth center, public or private recreation center, public swimming pool, commercial amusement center primarily designed or marketed for minors or public stadium or playfield, as such terms are defined in the City's Comprehensive Zoning Ordinance, as it exists or may be amended. If any term used herein is not defined in the City's Comprehensive Zoning Ordinance, the term(s) shall have the meaning as set forth in Section 481.134, Texas Health and Safety Code, as it exists or may be amended. For the purposes of this Chapter, planted street medians are not public parks. (2) A sexual offender described in Section 2(B)(1) above, shall not, on each October 30th and 31st between the hours of 4:00 p.m. and 11:00 p.m., leave an exterior porch light on or otherwise invite trick-or-treaters to solicit the premises. C. Evidentiary matters; measurements. (1) It shall be prima facie evidence that this Chapter applies to such a person if that person's record appears on the Database and the database indicates that they victim was less than sixteen(16) years of age. (2) For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line Ordinance No.2007-13 Ordinance Regulating Sex Offenders Page 2 of the premises where child commonly gather, as described herein above, or, in the case multiple residences on one property, measuring from the nearest property line of the premises to the nearest property line of the premises where children commonly gather, as described herein. (3) A map depicting the prohibited areas shall be maintained by the City. The City shall review the map at least annually for changes. Said map will be available to the public at the Wylie Police Department. D. Culpable mental state not required. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense as defined by this Chapter. E. Affirmative defenses. It is an affirmative defense to prosecution that any of the following conditions apply: (1) The person required to register on the Database established the permanent or temporary residence and has complied with all of the sex offender registration laws of the State of Texas, as they exist or may be amended, prior to the date of the adoption of this Chapter; provided, however, such person shall be required to continuously maintain compliance with all of the sex offender registration laws of the State of Texas, as they exist or may be amended, after the adoption of this Chapter. (2) The person required to register on the Database was a minor when he or she committed the offense requiring such registration and was not convicted as an adult. (3) The person required to register on the Database is a minor. (4) The premises where children commonly gather, as specified herein, within one thousand (1,000) feet of the permanent or temporary residence of the person required to register on the Database was opened after the person established the permanent or temporary residence and complied with all sex offender registrations laws of the State of Texas, as they exist or may be amended. Such person shall be required to continuously maintain compliance with all of the sex offender registration laws of the State of Texas, as they exist or may be amended. (5) The information on the Database is incorrect, and, if corrected, this Chapter would not apply to the person who was erroneously listed on the Database. Section 3. Penalty Provision. Any person, firm, corporation or entity violating this, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the City from Ordinance No.2007-13 Ordinance Regulating Sex Offenders Page 3 filing suit to enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state and federal law. Section 4. Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Section 5: Savings/Repealing Clause: All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Section 6. Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 24th day of April, 2007. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Approved as to Form: City Attorneys Abernathy, Roeder, Boyd &Joplin P.C. 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' 4 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 8, 2007 Item Number: 3 Department: Public Services (City Secretary's Use Only) Prepared By: Michael Sferra Account Code: Date Prepared: April 30, 2007 Budgeted Amount: Resolution, Park Board Letter, Draft Grant Application, Exhibits: Preliminary Budget. Subject Consider, and act upon, approval of Resolution No. 2007-16(R) authorizing submittal of a grant application to Texas Department of Transportation(TxDOT) for the Texas Safe Routes to School Program. Recommendation Motion to approve Resolution No. 2007-16(R) authorizing submittal of a grant application to TxDOT for the Texas Safe Routes to School Program. Discussion The Safe Routes to School (SRTS) program is contained in a 2005 federal transportation bill and is designed to enable school children to walk or bike to school in a safe, secure environment and provide a healthy alternative to riding the bus or being driven to school. The legislation makes available $612 million in federal funds over five fiscal years. Each state receives a portion of the funds based on its percentage of the national total of school-aged children in grades K-8. Texas anticipates receiving approximately $40 million in SRTS funding between 2005 and 2009. SRTS programs enable and encourage children, including those with disabilities, to walk and bicycle to school. The programs make walking and biking to school safe and more appealing. SRTS projects and activities improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of primary and middle schools(grades K-8). Communities can use the funds to build pathways and sidewalks near schools. House Bill 2204 established the Texas SRTS program in 2001, which is managed through the TxDOT Traffic Operations Division. The SRTS program is a 100 percent federally funded cost reimbursement program, which means that no local match is required. The program is limited to schools serving grades K-8. Staff has coordinated with the Wylie Independent School District in preparing the grant application. The application focuses on installing new sidewalks and ADA ramps in the vicinities of schools in areas currently Page 1 of 2 Page 2 of 2 without sidewalks. The application also focuses on establishing hike/bike trail linkages in City parks between neighborhoods and schools. On Tuesday, April 3, the Public Services Director briefed Dr. Fuller on the Safe Routes to School grant application. Dr. Fuller agreed to furnish a WISD resolution endorsing the project. The WISD School Board approved a resolution endorsing the project at the Board's April 19 meeting. The resolution will accompany the grant submittal which is due by May 25. At the City of Wylie's Park and Recreation Board meeting held on Monday, April 23, the Board unanimously supported the program and signed a letter or endorsement to be submitted with the application. Although further refinement of the application is still underway, staff has identified the following areas for continued analysis and possible inclusion in the grant application for the construction of new sidewalks/trails: o Install new sidewalks on the east side of McCreary Road from Groves Elementary northward to Creekside Estates Drive o Connecting the existing ends of the hike and bike trails that run parallel to the Park Blvd. bridge to make them continuous. o Install new sidewalks on both sides of Alanis from Ballard eastward to the current dead end near Twin Lakes Drive. o Connect the access easement from Twin Lakes into Community Park with the access easement from Southplace Estates into Community Park and continuing this linkage toward Burnett Junior High School. o Install sidewalks on one or both sides of Pirate Drive from Thomas to Ballard. The WISD has agreed to dedicate ROW on the south side of Pirate Drive if needed. o Install sidewalks on Second Street between Stone Road and Pirate Drive. o Install sidewalks on Hilltop between Stone Road and Pirate Drive. o Install sidewalks on Thomas between Stone Road and Pirate Drive. o Install sidewalk on the west side of W. A. Allen between Stone Road and Heatherwood. o Install hike and bike trail from Selma Lane southward through Dodd Park toward Dodd Elementary. o Install hike and bike trail from existing parkland located on the west side of the Creekhollow subdivision, continue westward into the Wells Property, and then proceed northerly toward Brown Street. This segment would be designed to connect with the future improvements scheduled for Brown Street. This segment would also need to be coordinated with eventual master planning of the Wells Property. o The grant application also proposes the installation of bike racks at ten WISD schools to accommodate the anticipated increase in students who will choose to bicycle to school. The maximum amount of the grant application is limited to $750,000, and staff intends to apply for the maximum amount. This is a 100%reimbursable grant whereby any City expenditures will be fully reimbursed. Approved By Initial Date Department Director MS 04/30/2007 City Manager f+,I Y l S 13 (tA RESOLUTION NO. 2007-16(R) A RESOLUTION OF THE CITY OF WYLIE,TEXAS AUTHORIZING THE APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) FOR GRANT FUNDING FOR THE TEXAS SAFE ROUTES TO SCHOOL PROGRAM. WHEREAS, TxDOT is accepting grant applications to 1) enable and encourage children in grades K-8, including those with disabilities, to walk and bicycle to school; 2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; 3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools, utilizing federal transportation funds; and WHEREAS, the City of Wylie wishes to submit a grant application for an infrastructure project related to the Texas Safe Routes to School program; and WHEREAS, the City of Wylie wishes to designate a project manager for the purposes of working with TxDOT; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: That the City of Wylie hereby certifies that the funds for participating in this application are readily available at this time. SECTION 2: That the City of Wylie hereby authorizes and directs its City Manager or his designee to act as the Applicant in working with TxDOT for the purposes of the grant funding. SECTION 3: That the City of Wylie hereby endorses this project and commits to provide maintenance to the infrastructure improvements once constructed. DULY PASSED AND ADOPTED by the City Council of the City of Wylie, Texas this 8th day of May, 2007. John Mondy,Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2007-16 Texas Safe Routes to School Program Grant Application-TxDOT • CITYOF WYLIE Our Mission... . ...to be responsible stewards of the public trust, to strive for excellence in public service and to enhance the quality of life for all. April 23, 2007 Ms. Debra Vermillion Interim Safe Routes to School Coordinator Traffic Operations Division Texas Department of Transportation 125 E. 11 Street Austin, TX 78701-2483 Ms.Vermillion: We,the members of the City of Wylie Park and Recreation Board,are pleased to convey our support of a grant application to the Texas Department of Transportation for the Texas Safe Routes to School program. The City of Wylie is requesting funding to assist in the development of infrastructure in accordance with the program to promote walking and bicycling to school for children in grades K—8. Several of the proposed improvements include the installation of hike and bike trails in the City parks which will act as linkages between neighborhoods and school locations. Wetly support this endeavor and would welcome the infrastructure improvements in the City's park system. We appreciate your consideration of this submittal. i •-rely, a► : ut, Chai r- D vid Willa , Co-Chairman _ . ezirear4 . orw `iney, Board Me be/ Benny Jo , Board Member ? t1d1 L, �AtivY1,o��JC_ Brandy r, oard Member Donna Larson, Board Member Frankie Delgado, Board Member 2000 Highway 78 North • Wylie,Texas 75098 • 972.442.8100 • www.wylietexas.gov safe t yes to hooi f ) -DA TEXAS SAFE ROUTES TO SCHOOL APPLICATION FOR INFRASTRUCTURE PROJECT FY 2007-2008 Texas Department of Transportation (1/17/2007) Safe Routes to School Program Application for Texas °Zrz.^t Transportation Infrastructure Project j FY 2007 -2008 Instructions This application is for requesting an infrastructure (construction) project. For all other SRTS project applications, use the following links: • For developing a local SRTS Program and SRTS Plan, use the Application for SRTS Program and Plan Development. • For implementing programs or activities identified in an SRTS Plan, use the Application for SRTS Plan Implementation. • For providing statewide services in support of SRTS programs, use Application for Statewide Services in Support of SRTS. Only political subdivisions or state agencies can submit an infrastructure project application (Texas SRTS Rules (July 14, 2006 , 31 TexReg 5668); 43 TAC 25.500 - 25.505). Definitions of Sample Infrastructure Projects Bicycle Parking Facilities: Items such as bicycle racks, lockers, designated areas with safety lighting and covers such as a bike shelter, etc. Installing Signs: Placement of regulatory and warning signs for school, pedestrian or bicycle related conditions consistent with applicable traffic control standards and/or required engineering judgment. May also include directional signage. On-Street Bicycle Facilities: Aspects of the roadway defined specifically for bicycle use, such as a bike lane. Off-Street Bicycle/Pedestrian Facilities: Trails and pathways that can be used by pedestrians and bicyclists that are separated from the main roadway. Pedestrian/Bicycle Crossing Improvements: Includes new or upgraded traffic signals, crosswalks, median refuges, pavement markings, traffic signs, flashing beacons, bicycle- sensitive signal actuation devices, pedestrian activated signal upgrades, etc. consistent with applicable traffic control standards and/or required engineering judgement. Street Striping: Marking roadways to provide for bike lanes, widened outside lanes, crosswalks, etc. Sidewalk Improvements: Includes new sidewalks, widened sidewalks, sidewalk gap closures, sidewalk repairs, curb cuts for ramps, and the construction of curb and gutters. Traffic Calming Devices (off-system roads only): Systems and techniques that slow traffic such as speed humps or tables, reducing curb-to-curb lane widths, curb extensions, center islands, etc. TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•Instructions page 1 of 4 Applicants requesting funding for infrastructure projects are required to have an SRTS Plan that demonstrates the need for the proposed physical improvement(s). The SRTS Plan should identify risks or safety hazards facing children who bike and/or walk to school, current and potential walking and biking routes to school, and activities that incorporate each of the "5 E's" (Engineering, Education, Encouragement, Enforcement, and Evaluation) to create a comprehensive program. (See Appendix A in SRTS Program Guidance and Application Instructions for more on SRTS Plans). Please make sure to complete and submit all of the accompanying forms in the application. Each section of the application is designed to help you convey as much information as possible. Several sections request detailed narratives and it is important for applicants to be concise and limit answers. For the purpose of completing application narratives, a "page" is considered to be 12-point font, single-spaced. Other sections of the application contain questions that can be answered in the space provided. Applications must be 30 pages or less, including all attachments. Attach sketches, pictures, maps, exhibits, diagrams, survey summaries, or other relevant materials to the application. Applications should conform to an 8 1/2 x 11 inch format; however, maps may be 11 x 17 inches. Do not attach front or back covers to the application. A cover letter should accompany an application, but is not included in the 30 page limit. An authorized representative of the applicant (political subdivision or state agency) must sign the application. An original application including all attachments plus 20 copies must be submitted to the district engineer of the TxDOT district office responsible for the area in which the improvement project is proposed. Applications must be received by the deadline published in the program call or they will not be accepted.. Keep a copy of your application, including the signature page and attachments for your records. You are reminded that you CANNOT save your completed application in the PDF format in Adobe Reader. A checklist has been included to assist applicants in ensuring that all required documents are submitted with the application. Using the SRTS Application Forms The application and SRTS Program Guidance and Application Instructions are available at each TxDOT district office as well as from the Traffic Operation Division (TRF). The documents are also published on the TxDOT SRTS website. The SRTS application is a structured MS Word form that allows the user to input the requested information. Project Area Maps and or Diagrams (Required) Maps serve as an inventory of existing conditions within the immediate vicinity of the school(s) for which the application is being submitted. If multiple school locations are proposed, maps for each location should be submitted. The exception would be for multiple schools located in close proximity to one another and which share routes and existing conditions and/or proposed improvements. Typical cross sections or typical layouts depicting the proposed improvement must be attached to the application. TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•Instructions page 2 of 4 MAP 1: Identify existing and potential walking and biking routes, differentiating the two, within an approximate 2 mile radius of the school. The map should include all schools affected by the project and identify significant trip generators such as neighborhoods, large employment centers, or commercial properties. The map should also identify posted speeds and all traffic control devices (signals, crosswalks, warning signs, etc.) along current and proposed school routes within the 2 mile radius of the school. MAP 2: If a city, county, school, or school district has developed a non-motorized master plan or a bicycle and pedestrian plan, please submit any maps that have been developed in conjunction with those plans. Communities Lacking Mapping Resources To develop maps, applicants are encouraged to contact your school district or local government planning staff for assistance in preparing maps by utilizing their Geographic Information Systems (GIS) resources. TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•Instructions page 3 of 4 SRTS Application Submission Checklist Ensure that the following items are included or completed in the submitted application packet: ❑ Application form is completed. Questions are answered in concise narratives and have been submitted in the proper format. Each of the attachments is clearly labeled. ❑ Application has been signed by political subdivision or state agency representative who has signature authority. ❑ Maps and diagrams are attached and are clear and legible. ❑ All additional appropriate documents are attached (i.e. master plans, memorandum of understandings, endorsements, etc.). Each document should be clearly labeled to correspond with the application questions. ❑ A detailed cost estimate has been included. (Maximum project cost$750,000). ❑ Resolutions or other required governmental authorizations are submitted. ❑ Application is limited to 30 pages, including attachments (not including SRTS Plan) ❑ Cover letter is attached. ❑ Safe Routes to School Plan is enclosed (required). ❑ An original, plus 20 copies of application and required attachments, is included (required). If you have questions on the SRTS program or application process, please contact: Texas Department of Transportation TxDOT District Contact: Traffic Operations Division 125 E. 11th Street http://www.txdot.qov/publications/traffic/srts contact.doc Austin TX 78701-2483 (512)416-3137 trftepgm©dot.state.tx.us TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•Instructions page 4 of 4 -A.- Safe Routes to School Program Project Number: (for TxDOT use only) AApplTexasent ication for Infrastructure Project Date Rec'd: Departm of TnnsportaUon (1/17/2007) FY 2007—2008 (for office use only) (Please refer to the Program Guidance and Application Instructions for details on application submission requirements) Applications may represent a single school campus, multiple schools, a region, or a school district that are in close proximity. 1. Applicant: 2. Project Manager: Political subdivision or state agency: City of Wylie Name: Michael Sferra Name: Mindy Manson Title: Public Services Director Title: City Manager Telephone Number: (972)442-8108 Ext. Organization: City of Wylie Fax Number: (972)442-5461 Mailing Address: 2000 Highway 78 North,Wylie, TX 75098 Email: mike.sferra( wvlietexas.gov ® SRTS Plan has been completed for the school(s)or school district and is attached (required). 3. Has applicant previously been awarded an SRTS project? Yes ❑ No If Yes, has the project been successfully completed? Yes 0 No ❑ If No, briefly explain: Does the local school(s)or school district have a policy that prohibits or discourages bike& pedestrian travel to school? ❑Yes ® No 4. If Yes, what measures are proposed to change this policy? 5. Has a local resolution endorsing the project and committing to provide any maintenance requirements of the city or county been issued and included with this application? Yes ® No ❑ 6. Specific Location of Proposed Improvement Project: ® Sketch, map, or aerial photo of project limits attached: (Photographs, cross sections and typical sections may be provided) School(s)or District: Wylie Independent School District City/County: City of Wylie TxDOT District: 18 7. Which SRTS category(ies)does your project address(check all that apply): ® Sidewalk Improvements ❑ Ped/Bike Crossing Improvement ❑ On-Street Bike Facilities 0 Traffic Diversion ® Off-Street Bike/Ped Facilities ❑Traffic Calming (off-system only) ® Secure Bicycle-Parking Facilities TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•page 1 of 1 8. Briefly Describe Project Purpose: The purpose of this project is to create a welcoming environment for our children to travel to and from school via bicycle or foot in a safe manner. Our intent is to implement a Safe Routes to School Program (SRTS)that is comprehensive in scope and nature. Through our proactive partnership, the City of Wylie, Wylie I.S.D., and community members have developed a forward thinking plan that focuses on three high priority needs. The primary priority is to encourage all K-8 children to walk and bicycle from home to school at a higher rate of frequency. The secondary priority is to develop safe pedestrian and bicyclist travel routes throughout the community that appeal to the masses. This priority focuses on providing the infrastructure necessary to implement healthy lifestyle choices while traveling to schools. The final priority is to decrease our overall dependency on automobiles and busses when traveling to school, where bicycling or walking becomes a safe alternative to vehicular travel. Note: The left"Points"column is intended to provide the applicant information on the points assigned to each section and subsection and is for administrative use during scoring only. Points 9. Identify the Problem(s): (Describe the principle problem(s)below with details on Attachment A) Attachment A A Provided 25 - Lack of sidewalks for pedestrians and bicyclists. ❑ - Lack of safe bicyclist routes. -An overall low capacity of bicycle racks for bicycle storage at school sites. - Low volume of ADA handicap ramps within the vicinity of schools. -An unnecessarily high dependency on automobiles and school buses when students travel to and from school. 10.Identify the Solution(s): (Provide statement of principle project solution(s)addressing the Attachment problem with details on Attachment B) B Provided B 40 ❑ 11.Do you have measures for success and supporting SRTS Plan activities? Attachment (Describe how the project will be measured and supported by other Plan activities on Attachment C) C Provided C 0 10 12.Describe Local Support: (Describe how the project will benefit the community and the Attachment support of agency and citizens with details on Attachment D) D Provided D 10 ❑ 13.Proposed Project Cost: Estimated Cost: Attachment E Preliminary Engineering: Environmental Clearance and PS&E E Provided 15 Development* ROW and Utilities * Construction (Total from Attachment E) Contingencies Total Project Cost(Provide cost estimate details on Attachment E) *Include an estimate of these costs. Costs should not be included in the detailed construction cost estimate(Appendix C). TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•page 2 of 2 An agency representative of the "applicant"must sign the application. The A+B+C+ undersigned affirms that the statements made are correct and complete to the best of D+E the applicant's knowledge and that the applicant agrees to participate in the post- construction evaluation process. The signatory also affirms their authorization to 100 undertake a Federal Aid project. 14.Political Subdivision or State Agency Official (required): Name: Date: (mm/dd/yy) Title: Signature: TxDOT District Engineer Signature (required for on-system road improvement only): Name: Date: (mm/dd/yy) Title: Signature: TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•page 3 of 3 Attachment A— Problem Identification Use Attachment A to demonstrate the need for the project. If documentation such as sketches, pictures, maps, exhibits, diagrams, and tables are submitted, they must be referenced in the text and numbered sequentially. (If filling out by hand, separate sheet may be used if more room is needed.) Points 1. Describe the potential safety problem(s) in detail by indicating the obstacles (physical or perceived) to walking and/or biking to and from school(s), such as: • On-street parking • Posted speed limits • Commercial driveways/railroads/intersections 10 A-1 • Width of intersection or roadway • Width of shoulder, sidewalk and/or trail • Missing links, lack of facility, restrictive barriers • Potential users are not traveling due to perceived risk • Recent changes in adjacent land-use and/or development • Possible storm water drainage design issues The existing safety problems and obstacles for pedestrians and bicyclists to and from schools are as follows: -Shortage of sidewalks and paths where pedestrian and bicyclist traffic is common. - Pathways for travel to school start and end abruptly. -Storm drainage ditches are used by students when traveling to and from school. -Walkways that students utilize are dirt pathways that are undeveloped. -Waterways obstruct the path of travel on pedestrian and bicyclist routes to school. -Student bicyclists are forced to travel on roadways that are not safe for student travel. -A lack of bicycle storage facilities at all schools. - Intersections near schools lack ADA handicap access ramps. - School bus transportation is required by Texas Education Code 42.155—D (Hazardous Conditions),for students who live less than two miles from a school site. - Parents unnecessarily transport students to school due to hazardous conditions on routes to schools. - Heavy and fast moving traffic will not yield for students traveling to school. 2. Identify risks or hazards facing children who bike and/or walk to school and how they will be 5 A—2 addressed by the proposed project. If crashes or incidents have occurred, identify date, time, frequency, type, and severity of crashes that will be addressed by the proposed project. Other information, such as health statistics may also be included as supporting documentation. Risk/Hazard: Undeveloped pathways. Project Solution: Develop new hike& bike routes (i.e. sidewalks). Risk/Hazard: Sidewalks that start and end abruptly. Project Solution: Inter-connect and finish out sidewalks that start and end abruptly. TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•page 4 of 4 Attachment A—Problem Identification(continued) Risk/Hazard: Storm drainage ditches used for student travel. Project Solution: Develop hike&bike pathways that eliminate the need for students to travel in storm drainage ditches. Risk/Hazard: Undeveloped dirt pathways with ground cracks/separation and other obstacles. Project Solution: Construct concrete hike &bike pathways where pedestrian and bicyclist traffic is frequently present. Risk/Hazard:Waterways including rivers and streams that prohibit students from walking or bicycling to school. Project Solution: Construct pedestrian bridges that allow students to travel across these waterways. Risk/Hazard: High traffic roadways are used by student bicyclists during travel to school. Project Solution: Develop new hike&bike pathways that parallel roadways. Risk/Hazard: Bicycle storage facilities at schools can only handle a very limited number of bikes. Project Solution: Increase the capacity of bike storage facilities at each K-8 school. Risk/Hazard: Intersections in the vicinity of schools lack ADA handicap ramps. Project Solution: Construct handicap ramps at intersections to improve accessibility and safe travel to schools. Risk/Hazard: Texas Education Code requires student bus transportation for students who live within walking areas that are exposed to school route hazards. Project Solution:This project has researched and identified these hazards. The collective plans in this project will eliminate the need for unnecessary bus routes by 33% or more. Risk/Hazard: Parents transport students unnecessarily due to obstacles and hazardous routes to school. Project Solution: The project plan will eliminate the hazards expressed by community members and by school district personnel. Risk/Hazard: Excessive traffic volume during school prohibits students from safely crossing intersections. Project Solution:This project has identified the problematic intersections and will install painted crosswalks and signage. 3. Describe the student population. Example:What is the percentage of children who currently walk or 3 A—3 bike to and from your school(s)? Complete Appendix A: CURRENT ENVIRONMENT(PRE- PROJECT)for each school (included in this application). 5 A—4 4. Identify current and potential safe walking and biking routes to schools. (Please see Appendix E of the SRTS Program Guidance and Application Instructions for assistance in determining safe routes.) 2 A—5 5. Was an engineering study of the problem conducted? If yes, please explain and attach a copy. Provide pedestrian signal warrant analysis for intersections, traffic studies, etc, when applicable. TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•page 5 of 4 Attachment A—Problem Identification(continued) TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•page 6 of 6 Attachment B — Proposed Improvement Project Use Attachment B to describe how the proposed project will improve the safety and encourage biking and walking to school. The connection between the problem(s) and the proposed solution(s)must be clearly demonstrated. If documentation such as sketches,pictures, maps, exhibits, diagrams, and tables are submitted, they must be referenced in the text and numbered sequentially. (If filling out by hand, separate sheet may be used if more room is needed.) Points 20 B- 1 1. Describe how the proposed project improves safety within two miles of your school(s),with respect to the identified problem(s), including the potential to reduce child injuries and fatalities. The installation of additional sidewalks and paths where none exist will remove pedestrians and bicyclists from hazardous traffic conditions. New pathway segments that are added to the current infrastructure will create continuous, uninterrupted safe routes to school. New access routes will alleviate the need for students to travel in unsafe storm drainage ditches when no other pathway is available. Converting the dirt paths frequently utilized by students into safer concrete walkways will improve accessibility for pedestrians and bicyclists during all weather conditions. The lack of waterway crossings currently impedes the desirability of traveling to school by foot or bicycle. The addition of waterway crossings will create a seamless connection between home and school. Additional hike and bike trails throughout the community will remove student bicyclists from dangerous roads and highways. These student bicyclists will have access to routes that are not used by motorized traffic. This project proposes to add bicycle storage racks at all K-8 school sites throughout the City of Wylie. With the projected popularity of bike usage, it will be necessary to increase the bike storage capacity areas. The inclusion of 33 ADA ramps in the proposal will facilitate commuting for those students who require ADA accommodations. Several unnecessary bus routes will be eliminated through the auspices of this grant opportunity. The students that are directly impacted by this change will adopt a healthier life style, and lower vehicle emissions will be present in the school areas. The overall implications of this program will remove many hazardous conditions that students encounter on a daily basis. 2. Describe how the student population will be affected by the implementation of this infrastructure 8 B-2 project. Example:What is the anticipated percent increase of children who will walk or bike to school after the project is implemented? Complete Appendix B: PROPOSED ENVIRONMENT(POST- PROJECT)for each school (included in this application). 3. Describe any enforcement, encouragement and/or educational components related to your project, 8 B—3 either existing or planned. If one or more of the components are not included, please explain why the component is not an integral part of the project. 4. Describe the existing and expected land-use changes, such as new schools, housing and/or commercial developments, which would impact the amount of bicycle and pedestrian travel. For example, a new 100 home subdivision is being built next to an 4 B-4 elementary school on a heavily traveled arterial roadway without connecting sidewalks or 100,000 square feet of additional retail is expected to be constructed at the intersection northwest quadrant in the next five years. Please include relevant sections of a comprehensive plan or bicycle and pedestrian plan, if available. TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•page 7 of 7 Attachment B—Proposed Improvement Project(continued) TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•page 8 of 8 Attachment C — Project Measurement Use Attachment C to describe the desired outcomes of the project and how the project will be evaluated in order to determine its'success. (If filling out by hand, separate sheet may be used if more room is needed.) Points 1. Describe how the project will be measured and evaluated. Measurements may include before and after data such as the following: • Total number of students reached • Number of students biking • Number of students walking 10 C— 1 • Number of students busing • Number of students driven • Number of new partnerships developed • Safety improvement analysis • Letters of appreciation • Survey of parental approval/support TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•page 9 of 9 Attachment D — Project Support Use Attachment D to describe the project partners and the collaboration that has been created to ensure the success of the project. (If filling out by hand, separate sheet may be used if more room is needed.) Points 1. Is the project location(s)on designated route(s) in a local or regional bicycle, pedestrian, and/or trails 3 D - 1 transportation plan in addition to your Safe Routes to School Plan? Please provide details and relevant sections of the supporting plans. Yes, portions of the proposed project will allow the City to comply with recommendations made in the Wylie Parks, Recreation and Open Space Master Plan which was completed in December 2002. Based upon a citywide survey, Section VII, page 101 of the Master Plan ranks hike and bike trails as the number one priority desired by residents. Page 104 of the same section states: "Provide safe, off-street pedestrian and bicycle linkages to existing and new parks, schools, libraries, and museums, as well as economic, municipal and recreational destinations." The Master Plan also recommended utilization of the existing drainage corridors throughtout the City for construction of the hike and bike trails. Please refer to the attached map to see the location of the various schools, Master Plan trail recommendations, and the interconncectivity of the proposed infrastructure improvements. The relevant sections of the Master Plan are attached to this document. 2. Indicate if there are any other programmed or planned transportation projects adjacent to the proposed project that would impact the function of the proposed safety improvement. Provide the time frames for construction and completion for the programmed or planned projects. 2 D -2 If there are no other programmed or planned projects applicable to this proposed projected, please note that information in the narrative and provide an explanation as to how this proposed project is part of your overall SRTS plan. There are three planned transportation projects adjacent to the proposed project that would impact to function of the proposed safety improvement. As per the attached map, these projects include the widening of FM 1378 (Country Club Road)from FM 544 to Parker Road, the widening of FM 3412 (West Brown Street), and the widening of South Ballard Avenue. School facilities are located either on or immediately adjacent to FM 1378, FM 3412, and South Ballard. Furthermore, all three projects include funding for the installation of sidewalks on both sides of the roadway. The anticipated construction date of the FM 1378 project is late 2007 with a completion anticipated in late 2008. The anticipated construction date for the FM 3412 project is 2010 with a completion in 2011. The anticipated construction date for South Ballard Avenue is July 2007 with a completion anticipated in April 2008. As the three above projects are completed and linked with the proposed infrastructure improvements, they will provide additional connectivey between neighborhoods, schools, and the City park system. 3. Describe any supporting or participating organizations, local agencies, and/or citizen support. (Possible project partners may include school officials, local traffic engineers, law enforcement 2 D-3 agencies, public health agencies or organizations, school-based associations, local elected officials, nonprofit groups, bicycle clubs, local businesses and other community groups). Please attach any relevant documentation for the proposed safety improvement, such as letters, petitions, and any required resolutions from boards, councils, and regional planning agencies. This grant submittal has the full support of the City of Wylie City Council and City staff. In addition, the Wylie Independent School District(WISD)fully supports and contributed to completion of the application. A resolution from the governing body of each entity is included as part of this grant submittal. In addition, the City of Wylie Parks and Recreation Board has also submitted a letter of support for this project. 3 D-4 4. Describe plans to provide maintenance and ongoing funding, if needed, to ensure the continued success of the project and the parties responsible for supporting the project. TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•page 10 of 10 Attachment D—Project Support(continued) The resolution of the City of Wylie City Council states that the City"commits to provide maintenance to the infrastructure improvements once constructed." All proposed infrastructure improvements located in City right-of-way and/or on City property will be maintained in good working order. The City of Wylie budgets annually in its operating budget to maintain infrastucture within it jurisdiction. Since these proposed improvements will be an asset and amenity that our citizens and children will be able to enjoy for many years, staff would budget annually for their ongoing maintenance cost. In addition, any improvements located on WISD property will be adequately maintained through the annual budgeting process to ensure their continued, uninterrupted use. TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•page 11 of 11 Attachment E — Project Cost Use Attachment E to describe the project cost. (If filling out by hand, separate sheet may be used if more room is needed.) Points Provide detailed construction cost estimate information presently available. Use Appendix C:"Detailed Construction Cost Estimate," included in this application (an example construction cost estimate is also 15 E- 1 provided). Please note: while all authorized project costs are eligible for federal reimbursement and must be shown in Section E of the application, the amount of project award will only be for construction cost. If applicable, please list any additional funding resources available that will augment the infrastructure project and describe how these funds will be allocated. The construction cost estimate is shown in Appendix C. The proposed installation of the pedestrian bridge to connect Creekhollow Estates to the Wells Parkland and continuing toward West Brown Street will establish a safe route to Birmingam Elementary School via parkland. This part of the project will require engineering services to properly design a structure that will span an existing drainageway in the parkland. At this time, it is estimated that engineering services will include the following disciplines: Structural to select a bridge design that will not block the flow from the channel as it flows into the park; Hydrologist to model the outfall to ensure no negative impact on the flow. Survey for boundary verification and topographic information on the channel; and Civil/Planning to provide oversight and coordination, soil sampling, foundation design, plans and specifications. It is estimated that the above professional services will cost approximately$29,600. The project also includes the installation of bike racks at ten school sites located within the City limits. Staff has conducted a survey of the number of students who currently choose to bicyle to school, and that information is contained in Attachments A and C. The installation of bicycle racks at the various school sites will accommodate the anticipated increase in the number of students who will be riding bikes to school as a result of this project. At this time, it is estimated that$50,000 will be needed to purchase and install the new bike racks at the various school sites. In addition to the above, this project proposes to install 15,800 linear feet of 4-foot wide concrete sidewalks, 6,300 linear feet of 8-foot wide concrete hike and bike trails, 33 ADA ramps at various intersections currently lacking ADA accessibility, and two water crossings (one on W.A.Allen Blvd. and one on Thomas Street)to provide to complete pathways that are currently impeded by lack of sidewalks and infrastructure to safely cross small water impediments. The total funds requested equals $750,000. TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•page 12 of 12 APPENDIX A: CURRENT ENVIRONMENT(PRE-PROJECT) %of Students %of Students Who Presently: %of Students Living Living Not Driven Take #of Eligible for Free w/in 2 w/in 1 Walk to Bike to School Name Grades Students or Reduced miles of mile of Eligible School School to Bus to Meals school school for Bus School School TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•page 13 of 13 APPENDIX B: PROPOSED ENVIRONMENT(POST-PROJECT) Post Project Implementation %of Students Expected To: of Students Who Utilize Walk to Bike to Driven to Take Bus to School Name Remote Drop Offs w/in 1 Mile of School School School School School TxDOT(1/17/2007)•SRTS Application for Infrastructure Project•page 14 of 14 Appendix C: Detailed Construction Cost Estimate Project: City of Wylie Qty Unit Unit Price($) Requested SRTS Funding(8) Committed Local Funds(5) Total Cost Four-foot wide sidewalks Pirate Drive-Thomas Street to Ballard Avenue 2,500 LF 16 40,000 40,000 Second Street-Pirate Drive to Stone Road(both sides) 900 LF 16 14,400 14,400 Hilltop Lane-Pirate Drive to Stone Road(east side) 650 LF 16 10,400 10,400 Thomas Street-Pirate Drive to Stone Road 750 LF 16 12,000 12,000 W.A.Allen Blvd.-Stone to Heatherwood Drive(one side) 300 LF 16 4,800 4,800 McCreary Road-Groves Elem to McMillen Road(one side) 2,500 LF 16 40,000 40,000 McCreary Road-McMillen Road to Creekside Estates Drive 1,600 LF 16 25,600 25,600 Alanis Lane-Ballard Avenue eastward to dead end(both sides 6,600 LF 16 105,600 105,600 Eight-foot wide sidewalks Community Park-Twin Lakes/Southplace to WISD 1,400 LF 32 44,800 44,800 Creek Hollow Estates to West Brown 3,000_LF 32 96,000 96,000 Connect sidewalks at Park Blvd Bridge 1,000 LF 32 32,000 32,000 Selma Lane to Dodd Elementary 900 LF 32 28,800 28,800 ADA Ramp Locations Alanis at Dodd 4 EA 2,000 8,000 8,000 Alanis at Boyd 2 EA 2,000 4,000 4,000 Alanis at Hall 4 EA 2,000 8,000 8,000 Alanis at Canyon Lake 4 EA 2,000 8,000 8,000 Alanis at North Lake 2 EA 2,000 4,000 4,000 Alanis at Lake Whitney 2 EA 2,000 4,000 4,000 Second Street at Duncan Way 4 EA 2,000 8,000 8,000 Second Street at Pirate 2 EA 2,000 4,000 4,000 Selma Lane 2 EA 2,000 4,000 4,000 McCreary Road at Creekside Estate Drive 2 EA 2,000 4,000 4,000 McCreary Road at McMillen 2 EA 2,000 4,000 4,000 McCreary Road at South Fork 2 EA 2,000 4,000 4,000 McCreary Road at Riverway 1 EA 2,000 2,000 2,000 Water Crossings/Pedestrian Bridge Cross Creek to Wells Parkland(east approach to bridge, sidewalk access,and bridge foundation) 1 EA 25,000 25,000 25,000 Wells Parkland to Creek Hollow (west approach to bridge, sidewalk access,and bridge foundation) 1 EA 25,000 25,000 25,000 Creek Hollow to Wells Parkland(bridge structure) 1 EA 90,000 90,000 90.000 W.A.Allen Blvd. 1 EA 5,000 5,000 5,000 Thomas Street 1 EA 5,000 5,000 5,000 Engineering for Pedestrian Bridges Creek Hollow to Wells Parkland 1 EA 29,600 29,600 29,600 Bike Racks Groves Elementary School 1 EA 5,000_ 5,000 5,000 Cooper Junior High School 1 EA 5,000 5,000 5,000 Dodd Elementary School 1 EA 5,000 5,000 5,000 Davis Intermediate School 1 EA 5,000 5,000 5,000 McMillan Junior High School 1 EA 5,000 5,000 5,000 Birmingham Elementary School _ 1 EA 5,000 5,000 5,000 Hartman Elementary School 1 EA 5,000 5,000 5,000 Harrison Intermediate School 1 EA 5,000 5,000 5,000 Bumett Junior High School 1 EA 5,000 5,000 5,000 Akin Elementary School 1 EA 5,000 5,000 5,000 Appendix C—Detailed Construction Cost Estimate(continued) EXAMPLE of Detailed Construction Cost Estimate Item Requested SRTS Committed Unit Price Funding Local Funds Total Cost .9 Mile Sidewalk Project Qty Unit ($) ($) ($) ($) Prep Right of Way Excavation &overburden 166 CY 20 3,320 3,320.00 removal Tree removal 8 EA 300 2,400 2,400.00 Concrete removal (Curb) 86 LF 2.25 193.50 3,000.00 Tree replacement 8 EA 500 4,000 4,000.00 Materials Conc Sidewalks (6") 1557.00 SY 62.00 94,674.00 28,512.00 Curb Ramps (TY4) 1 EA 1,100.00 1,100.00 3,337.00 Curb Ramps (TY 7) 7 EA 1,300.00 9,100.00 1,600.00 Conc Curb &Gutter(TY II) 61 LF 36.00 2,196.00 4,500.00 Inlet(COMPL) (TYPE SIDEWALK BOX) 6 EA 1,600.00 9,600.00 9,600.00 Block Sodding 300 SY 6.00 1,800.00 1,800.00 Vegetative Watering 6 MG 100.00 600.00 600.00 Other Construction Expenses Mobilization 1 LS 5,000.00 5,000.00 5,000.00 Barricades, Signs &Traffic 2 MO 2,000.00 4,000.00 4,000.00 Handling Totals 135,583.50 2,400.00 137,983.50 The amount in the shaded cell under"Requested SRTS Funding $" goes in the"Construction" estimated cost line of Section E, Item 13 of the Application. 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' .i -- ' .' '` .! '.: 4 '.".'' i _. ..,.._. ..: ..-4..r.. ...T.-,..i, ,'-" "‘"7- '-' ; . " .•7!- 4-2;:a •,..--. - - ..., , -.. a- .. ‘. *: ',' . • . .....1.. u 2 -.''' •-t..-" ' i .._•,r v,.4i..r ..: it, III ... - - , •.P'• - '-'-'' ' r- ". T. . •••444. ' .44%.464 , . '1 1 I. • I 7 .' , • .• ... ..• • . . S 4 ' r—.' — t al—. 10-f --A . ' '' A • r ; • 1 NI- 1 7 .7 I 7 1 Vl. ... -\ ' '.': "i •.i.`-- 4 s," I , '••• et?-,<., - !, Vir 1, ..,...,„„„_.„...,,, ,,, ,,,,•• • -•::. •r: ....) .- - ' '. ' ' 1 inch equals 300 feet ENGINEERING DEPARTMENT Chns Hoisted,P.E. 0 150 300 600 7 . 949 Hensley Ln. M.'s,TX 75098 Feet CITY OF WYLIE (972)442-8109 ‘ cholttedgci.wylia.tx.us SUBJECT PROPERTY __ _ ) !ha ft ifittam, r4111A ,2, • ,. , El , _ • i1__ 11 s .. T t.• - a 1 f��. fart , i -4'S '. ! 41 ' ,..ief - -- -H -�p II ' •' i_ --.,. Ally b 4 ;t _ - r4 •F l s ` f _ • .• P 146 . .dbi:Ah6Lidkiiii a • F f j i I. I ,11• w. m a 1 s S ugt if *- 1 . )-11*$[ I II 1 ' 1 f 5 p, .P -ai oi!! • er w w „0�. r , om A . .•. A :0 ' / 0 4.h. c. R.. .y '41 * , . �! . its . !r:ril- 2,, - 1 ..._,P ik :..- , oft 1,. - ___.� r 1 inch equals 200 feet ERIN N GINEG DEPARTMENT CGI ERIN P.E. Feet 0 100 200 400 E 949 Hensley Ln. wyllo,rx�so9e CITY OF WYLIE (972)442-8109 cho stedad.wylie.b.us me- Z-� .Cs. I 1 , t� s�6 J _�If_�:? ' ' .., , r 'J 'i� �8 it P ^ �j '-4 'il Ilia I, \ .. . •-' 4, - '(,/_,' ,�,• 4 C -4, . �•..,4.1; , - ,. .._ • _ i 'Mi a.. it, , \ ice__`•:,t '.4. '' .1 v�y k 'N. ��/. ;~ ti 1 `•J J r J ...4 zi- • Sr i' '' . jl'. . ",1,Lr/, I1a.• k. !:1 t,a �m lid. j 11111 /tY Yy un y e /r {1� Y tr m r • lit �.A 1 4._ •� �t -I J •4.,j,„f � l , ' ."-#: ' 1 / r ST�L� �... _ - , • . .� �,� ',O.,.. ZS m��m "t5 "iLiU 1 1 I 1 1, -t � - ' L > .� t , r t, k .• t 11 •J. i� t :,, ,..- 1. -,1 .� .� 'r I �, }; i i I ~r ill ' t �: f LL t, 1. '.ae�'Itl'� t J / L , t. - iS I , 'tP W ��wc> se p-• i�c`.' CzS i •t. i�yof. t r. 1 g ; . i' 4.1 Q �. P•d� "&+r r... i ' ,qit •'mob' rr '. +' n • CIF f 1 - ,t ;. .... • .r . , ,,... , _, „ ,0 ..„ ..,_, L., " . .. 14,, , •.., ,.. ----- _..,L. -.- -.- - '-. . ,, ffiri It .--,--.. -, i' C.L1 rt 1 ► r - . - • - Its t 4u{ t ref} L �l` CC , _ _ ._ — 15 L • �__ tb k! / u[r C. — f to 1 �� - o f 0 - / r , J- 4 c, ;ti `• _ (t- • - te Cu CV t, o !;fl ,1 J SUBJECT PROPERTY t_ i 5 v4. X .z i•. 1' I I . " :�. ! , N r ss 1 L'.. 1 .fit k .. '1 may, S R Ys w�,,w 1Y .t `, D.} „ ', - -. !� t t t , i n Ifr .... . • N r � 1 --1 o n it •- t 7 - I • • • • � � I! t' ,� ,t , 1 I79 ,_.-, N • • 1 inch equals 200 feet Chris HcIsteld,ii t P DEPARTMENT 0 105 210 420 949 Heasley r_n. Wylie,TX 75098 Feet CITY OF WYLIE (972)aa2.8109 iii chcIstedUci.wylie.tx.us SUBJECT PROPERTY . . ..,hi "15-.."-in a ''. • i • .......-11 . - . • . i.21 i„.L.: - • ,t , .•,,,,..? it_ p-, . t 1 ' -s * • 4..,, .41,,, . . . _ 'I I-• • .... r •- ..., ,--,40t616444 ' ._ . 4 a. 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' mi)r..._ .., - _.. ... 1 ...• ...• ...Jig.0 tti f- ENGINEERING CEPARTMENT 1 inch equals 200 feet 1 Chris Heisted,P.E 949 Hensley Ln. 0 105 210 420 Mks,TX 75098 Feet CITY OF WYLIE w (972)442-8108 chcIstedacl wylte Ix us SUBJECT PROPERTY ti { ....... •_ L:s .:.�Jl:Z1 .i.`i'__J• - - ttR' r•T'l'fa. iK+i'�IfRS%�'t'.p, ..��•Y9 '�. --- di • ' i ,� - t „ , , ;' fitira ;._, 1s,„'1 , 4 i 7, 4, .,..$,,,,t.i., . ._... . -.. 0... , . ,i,„,..,,i , i. ,. i it.'"I x a. .. ,.., �t,`e A h 4 ,° �. • ,y-14,..',.fitri.,....r4 t . , ,„ , ,,et, , .. „„_ i.,. .. ill * v 00,,/4:4'1, .• i l- S ..,' . _ _. mo w, .'bJ{ , ! mr;`3T c�'" tt 4 ! a4iy ` ! .:::,:7.....t7.,_:.,,,,..r. yis>`y�p4kf t :`,'fit hx atlty� is ^ 1.•. !,....„. ,,r4„,..,..„ tictip...,,* ,,, . ., . . g... sr.,„,,,,. r ' P'�.`• Fes_., -/_. .. - ; , - .a - a't - i� • , N1 'tit i. ., 8 t4 47'�9 .721 ' V a • • ;\-'; : ' . • _,,I.- , - rat-• . .imb. il' , .04...4. ... . iii.,,., — , "'. 1 inch equals 500 feet I ENGINEERING DEPARTMENT Cans Hoisted,P.E. 0 LOU 500 1,000 949 Hensley Feet Wyl.e,TX CITY OF WYLIE t aoz-6109 9 1aa . choIslsted.gu.wyhe.ticw SUBJECT PROPERTY11 dia I • ? T1 , T r i J r - t ,x- Al 1�- � t a Al . i "1. _.1) 4 , . ,.___ _,- I c- 't .011111k0,‘ 1, .." 1 CIA I.L.' ' ,,.: i ' --. • ,. . , , ' ' -• o.." .:. h1.-\ `\-7-t, 4 **d r+-....il ' 11'filitoll• . r .13. :'-'. ,..' . !, :,. diall -•' 1 41111q !off!' 1 • L.., L....0.,4 • 4,1::..., .1...E L.- , 31 , •i 0, . -- . i ` 1 ....4-t ..I •' + 'I• i� , 1�� • / ` . . . ,... ... .,• * 1 r 1 ,,,,,,,• f.. .•r ` Lam. `y �� • •• - .. " . 44a . .. ..-;....c.,. • . ° , - - .; A . ..4._. .... 11 •• 1 5- 4-, c ts (e , tl -• • . r yy : 9 - 0.1. . • • ' ' • :. • - . . - - ..,. ib• -._ . ,A..1,t,, .. - , ti . ';', -• ::',' • '' = il s t r , �• i' '...3.:44)1.- . ,,,n, , Is • ,,- , th. ,,, , 4. t :,.... A, - . ^ z.:, 4, , Iv .t ' .. 4,.. . k-' „, , '. , -, . ' - ''' II 41 -.-,-. -4-i •-: OR . • i a, i 6 .. it . .... . ..;,- ' -,'; , ..., . .1;- -, . :-- 7, t. . , 1 . ,. /. , /• , ; , , , 7 / • I— ,, ;4.- , , , . -, t o 47-',1, ,--. -' ,may 1 _ T t • •v.... • -,,tits ' . ' ' 'Au•-•- ' .- , - • ..-....:.,r.. ..., ... ' — • 1 - - Olilit: j"- ' - - 11 '1- Wel; '' . Ai,11‘....'t. _. ., t. f4i • apoill ,,iiiiit SVC)f „St a „� . ' •.1"' rir--,_I . 3 k s 1 inch equals 200 feet ENGINEERING DEPARTMENT if Chris Hoisted,P.E. 949 Hensley Ln. 0 100 200 400 'vyue,Tx 75098 Feet CITY OF WYLIE c9�z>aaze,os i cholsted�a.wy4e.tzus Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 8, 2007 Item Number: 4 Department: CM (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: N/A Date Prepared: Budgeted Amount: N/A Exhibits: 4 Subject Discussion of disannexation request by a citizen, and related issues, of property annexed into the City limits by Ordinance No. 99-23 and receive input from staff and citizens. Recommendation Discussion A request has been received by Mr. Kurt Strange of 7900 Parker Road to be disannexed from the City, and at the request of Councilmen Newsom and White, staff placed this discussion item on the agenda to receive direction from the Council. Mr. Strange's property was one of several others that were annexed in 1999. State Law sets out provisions and procedures for disannexation, dependent upon whether it is initiated by the municipality or the property owners. A city may initiate disannexation as provided in its Charter. Section 4 of the Wylie City Charter states: The city council may, when it deems appropriate or in the best interest of the city, de-annex territory which has previously been a part of the incorporated city limits of the City of Wylie. The city council is empowered to act in this regard in any manner which is provided by state law or by individual ordinances or resolutions of the City of Wylie. Section 43.141 of the Local Government Code sets out the steps that the residents must go through if they wish to petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area within the period specified by Section 43.056 or by the service plan prepared for the area under that section. Section 43.148 requires the City to refund taxes and fees collected if property is disannexed, unless the property owners waive that requirement. Approximately 2 years ago, Mr. Charles Welhausen, an attorney representing a group of property owners, including Mr. Strange, contacted the City regarding disannexation. The information provided by staff regarding Page 1 of 2 Page 2 of 2 the provision of services is attached, along with a letter from Julie Fort from the City Attorney's office. The conclusion drawn at that time was that services were being provided, and that the City did not intend to disannex. We received no further communication from Mr. Welhausen. Should the property be disannexed, the land remains within Wylie's ETJ giving the City platting authority but no land use authority. Approved By Initial Date Department Director MM 5/3/07 City Manager Page 3 of 4 [Local Government Code excerpt] SUBCHAPTER G. DISANNEXATION § 43.141. DISANNEXATION FOR FAILURE TO PROVIDE SERVICES. (a) A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area within the period specified by Section 43.056 or by the service plan prepared for the area under that section. (b) If the governing body fails or refuses to disannex the area within 60 days after the date of the receipt of the petition, any one or more of the signers of the petition may bring a cause of action in a district court of the county in which the area is principally located to request that the area be disannexed. On the filing of an answer by the governing body, and on application of either party, the case shall be advanced and heard without further delay in accordance with the Texas Rules of Civil Procedure. The district court shall enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality failed to perform its obligations in accordance with the service plan or failed to perform in good faith. (c) If the area is disannexed under this section, it may not be annexed again within 10 years after the date of the disannexation. (d) The petition for disannexation must: (1) be written; (2) request the disannexation; (3) be signed in ink or indelible pencil by the appropriate voters; (4) be signed by each voter as that person's name appears on the most recent official list of registered voters; (5) contain a note made by each voter stating the person's residence address and the precinct number and voter registration number that appear on the person's voter registration certificate; (6) describe the area to be disannexed and have a plat or other likeness of the area attached; and (7) be presented to the secretary of the municipality. (e). The signatures to the petition need not be appended to one paper. (f) Before the petition is circulated among the voters, notice of the petition must be given by posting a copy of the petition for 10 days in three public places in the annexed area and by publishing a copy of the petition once in a newspaper of general circulation serving the area before the 15th day before the date the petition is first circulated. Proof of the posting and publication must be made by attaching to the petition presented to the secretary: (1) the sworn affidavit of any voter who signed the petition, stating the places and dates of the posting; and (2) the sworn affidavit of the publisher of the newspaper in which the notice was published, stating the name of the newspaper and the issue and date of publication. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 1167, § 14, eff. Sept. 1, 1999. § 43.142. DISANNEXATION ACCORDING TO MUNICIPAL CHARTER IN HOME-RULE MUNICIPALITY. A home-rule municipality may disannex an area in the municipality according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by this chapter. Page 4 of 4 Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. § 43.147. WIDTH REQUIREMENT FOR DISANNEXATION. (a) A municipality disannexing a road or highway shall also disannex a strip of area that is equal in size to the minimum area that the municipality is required to annex in order to comply with the width requirements of Section 43.054 unless such disannexation is undertaken with the mutual agreement of the county government and the municipality. (b) The strip of area to be disannexed must: (1) be adjacent to either side of the road or highway; and (2) follow the course of the road or highway. Added by Acts 1995, 74th Leg., ch. 513, § 1, eff. Sept. 1, 1995. § 43.148. REFUND OF TAXES AND FEES. (a) If an area is disannexed, the municipality disannexing the area shall refund to the landowners of the area the amount of money collected by the municipality in property taxes and fees from those landowners during the period that the area was a part of the municipality less the amount of money that the municipality spent for the direct benefit of the area during that period. (b) A municipality shall proportionately refund the amount under Subsection (a) to the landowners according to a method to be developed by the municipality that identifies each landowner's approximate pro rata payment of the taxes and fees being refunded. (c) A municipality required to refund money under this section shall refund the money to current landowners in the area not later than the 180th day after the date the area is disannexed. Money that is not refunded within the period prescribed by this subsection accrues interest at the rate of: (1) six percent each year after the 180th day and until the 210th day after the date the area is disannexed; and (2) one percent each month after the 210th day after the date the area is disannexed. Added by Acts 1999, 76th Leg., ch. 1167, § 15, eff. Sept. 1, 1999. - 04935 02889 Vi Li 1 — �td 1E 6 6:e CITY OF WYLIE, TEXAS ORDINANCE NO. P-3 AN ORDINANCE ANNEXING 167.059 ACRES OF LAND, MORE OR LESS, SITUATED IN THE WILLIAM PATTERSON SURVEY, ABSTRACT NO. 716, COLLIN COUNTY, TEXAS, AND ALSO BEING OUT OF THE L. MARSHALL SURVEY, ABSTRACT NO. 594 COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE- DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO. 83-123A AND ANY AMENDMENTS THERETO; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021, Local Government Code, investigated and determined that it would be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its inhabitants to annex the below-described property("Property") to Wylie; and WHEREAS, the City Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government Code; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and ORDINANCE ANNEXING237.421 ACRES OF LAND-Page 1 rb/1:\mbox4\wylie\annex\involWmPatterson&LMarshallSurvey.ord/080699 04935 02890 WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds the public hearings were conducted on or after the fortieth(40th) day but before the twentieth (20th) day before the date of the institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: ORDINANCE ANNEXING237.421 ACRES OF LAND-Page 2 rb/l:\mbox4\wylie\annex\invol WmPatterson&LMarshallSurvey.ord/080699 04935 02891 SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Property Annexed. The Property described as follows and all public streets,roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit: BEING a tract of land out of the William Patterson Survey, Abstract No. 716, Collin County, Texas, and being out of the L. Marshall Survey, Abstract No. 594, Collin County, Texas, containing 167.059 acres of land, more or less; said tract is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. From and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 5: Official Map and Boundaries Amended. The official map and boundaries of Wylie are hereby amended to include the Property as part of Wylie. A certified copy of this Ordinance shall be filed in the County Clerk's Office of said County. SECTION 6: Unlawful Use. It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 83-123A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not ORDINANCE ANNEXING237.421 ACRES OF LAND-Page 3 rb/l:\mbox4\wylie\annex\involWmPatterson&LMarshallSurvey.ord/080699 04935 42092 in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 83-123A, and any amendments thereto. SECTION 7: Severability. Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 83-123A, and any amendments thereto,be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: Conflicting Ordinances Repealed. All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: Effective Date. This Ordinance is effective upon the date of its passge, August 31, 1999. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 2/ day of 41447— 1999. • JO MONDY,MOR ATTESTED TO AND CORRECTLY-REC ED BY: APPROVED AS TO FORM: LIN ERNATHY, ROEDER, BOYD City Secr & JOPLIN, P.C. City Attorneys ORDINANCE ANNEXING237.421 ACRES OF LAND-Page 4 rb/l:\mbox4\wylielannex\involWmPatterson&LMarshallSurvey.ord/080699 04935 02893 BEING a tract of land situated in the William Patterson Survey, Abstract No. 716, and also being out of the L.. Marshall Survey, Abstract No. 594, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point of intersection of the west line of F.M. 1378, with the southwest line of F.M. 2514 (Parker Road) a right-of-way marker for corner; THENCE, South 00 degrees 52 minutes 13 seconds West, along the west right-of-way line of F.M. 1378, a distance of approximately 2,750 feet to an iron stake found for corner; THENCE, in a Westerly direction, with the south line of a 29.07 acre tract, with an established fence line South 89 degrees 40 minutes West, for a distance of approximately 2,223 feet to a point at the most southerly southwest corner of said 29.07 acre tract; THENCE,North 07 degrees 30 minutes East, with an old fence line and evidence of same, approximately 800 feet to a point therein; THENCE, in a Westerly direction, approximately 540 feet to a point in the west line of the William Patterson Survey, Abstract No. 716; THENCE, in a Northeasterly direction, along the western survey line of the William Patterson Survey, Abstract No. 716, approximately 150 feet to a '/z inch iron rod set for corner at the southeast corner of a William B. Campbell, 44.530 acre tract; THENCE, South 85 degrees 51 minutes 37 seconds West, a distance of approximately 335 feet to the centerline of Muddy Creek, said point being in the L. Marshall Survey, Abstract No. 594; THENCE, following the meanderings of Muddy Creek, said line also being the city limit lines of the City of Parker, to a point 92.01 feet north of a 1-inch iron pipe found for corner at the southwest corner of a William B. Campbell 3.295 acre tract; THENCE, North 00 degrees 06 minutes 04 seconds East, a distance of 1,095.95 to a '/z inch iron rod found at a fence post at an ell corner of a William B. Campbell 44.530 acre tract; THENCE, North 82 degrees 53 minutes 36 seconds West, with the south line of said Campbell 44.530 acre tract, a distance of 266.71 feet to a 5/8 inch iron rod set for corner; THENCE, North 89 degrees 55 minutes 33 seconds West, a distance of 252.35 feet to a 5/8 inch iron rod set for corner at the most westerly southwest corner of said Campbell 44.530 acre tract; THENCE, South approximately 200 feet to the centerline of the Turner Branch of Muddy Creek; THENCE, in a northwesterly direction, following the meanderings of the Turner Branch of Muddy Creek to a point on the west line of the L. Marshall Survey, Abstract No. 594, and on the east line of Bois D'Arc Road; • 04935 02894 THENCE, with the west line of the L. Marshall Survey, Abstract No. 594, and the east line of Bois D'Arc Road,North, a distance of approximately 380 feet to the south right-of-way line of FM 2514 (Parker Road); THENCE, East along the south right-of-way line of FM 2514 (Parker Road) a distance of approximately 2,600 feet to a point in the northwest corner of the Monroe Addition No. 1, aka Dove Creek Addition; THENCE, South 00 degrees 33 minutes East, a distance of 376.57 feet to point; THENCE, South 00 degrees 30 minutes East, a distance of 1,133.20 feet to a point in the southwest corner of the Monroe Addition No. 1, aka Dove Creek Addition; THENCE, South 89 degrees 49 minutes East, along the south line of said Monroe Addition No. 1, aka Dove Creek Addition, for a distance of 1,214.06 feet to a point in the southeast corner of said addition; THENCE, South 01 degrees 03 minutes 50 seconds West, with a fence line in a tract conveyed to A.F. Monroe as recorded in Volume 454, Page 204 of the Deed Records of Collin County, Texas, for a distance of 264.11 feet to a 'A inch iron rod set for corner; THENCE,East, along said fence line and the south line of the original Taylor tract and the north line of said Monroe tract, a distance of approximately 930.20 feet to a point for corner; THENCE,North, to the south right-of-way line of FM 2514 (Parker Road), a distance of approximately 1,620 feet to a point for corner; THENCE, South 88 degrees 46 minutes East, along the south right-of-way line of FM 2514 (Parker Road), a distance of approximately 500 feet to a right-of-way marker for corner; THENCE, South 45 degrees 02 minutes 08 seconds East, a distance of 72.23 feet to the PLACE OF BEGINNING and containing 167.059 acres of land, more or less. CITY OF WYLIE 2000 HWY. 78N WYLIE,TX. 75098 ATTN: CITY SECRETARY ; �.IV1IV VI. , , , ! _.__.._TI_.._.._... I ! I . . I i I ---------- I i ; ! I i `1 I ! I i ! 1 1J{ I ! ! LUCAS CITY LIMITS -•-,-_.�____ ..__�.__{ Parker :fee F.M. 2514 i ! ; ! 1 1 I i i I1 i I i i I I I i ! ___4--- I I I L_ i i ! I ! i i i i i --..-- ---- Park( f i I, I 1 i __ I I I _.� ------ I 1 ! 1 1 PARKER CITY LIMITS A Lamm z. © I i i ; i i 1 i ` i I 1 i M i i 1 1111 I ,r,,.,. II 4 111 1111*. . . . S68ZO SC610 04935 0289E " ANY PROVISION HEREIN WHICH RESTRICTS THE SALE,RECITAL,OR!'SE OF T-IE DESCRIBED REAL PROPERTY BECAUSE OF COLOR CR FACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW COUNT OrC7LLIJj (THE STATE OF TEXAS) I hereby certify that this instrument was FILED in!he File Number Se;cence on the date and ecceldds ofRealPropertyof oltlin County,Texasony RECORDED,in the 011icia;Public JUN 0 8 2001 o poly„ la ,j/^/ems . I\ � Filed for Record in: Collin County, McKinney TX Honorable Helen Starnes Collin County Clerk On Jun 08 2001 At 12:11pm Doc/plum : 2001- 0067662 Recording/Type:OR 23.00 Receipt #: 18313 "EXHIBIT B" CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: q 9 - 2 S DATE OF ANNEXATION ORDINANCE: g 31 I Cf 9 ACREAGE ANNEXED: 237.71 ACRES SURVEY, ABSTRACT& COUNTY: William Patterson Survey,Abstract No. 716, Tract Nos. 1, 1-9,2,3,4,5,6,7,8,9, 10, 11, 13, 14, 15, 16, 17, 18,19,20,21,22,23,23-9,24,31,32,33,34,and 35 and also the L. Marshall Survey, Abstract No. 594,Tract Nos. 1,2,3,4,4-9,7,8, 10, 11, 12, 14 and 15,and all of the Monroe Addition#1 (Dove Creek) Unrecorded Plat,Lots 1 -25,Collin County,Texas. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas(the"City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City,extends police service to any other area of the municipality,will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics oftopography,land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2)years from the effective date of the annexation ordinance, or upon commencement of development within the area,whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 1 "EXHIBIT B" 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography,land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance,or upon commencement of development within the area,whichever occurs later. 3. Upon ultimate development of the area,the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services,including the review of building plans,the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning,subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City,but not mentioned above,will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60)days of the effective date of the annexation ordinance. City planning will thereafter encompass this 2 "EXHIBIT B" property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City,beginning within sixty(60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks,playgrounds,swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie,but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance,applicable throughout the entire City, shall apply to this property beginning within sixty(60)days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications,that street will not be maintained by the City. 3 "EXHIBIT B" 2. As development,improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic,commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains,water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property,water mains of the City will be extended in accordance with provisions ofthe Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs ofthese extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(41/) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are 4 "EXHIBIT B" connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. , 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be • commenced within two(2)years from the effective date of the annexation ordinance and substantially completed within four and one-half(41/2)years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten(10)years from the effective date of this Ordinance. 5 PROPERTY OWNER: Parcel 133 Parcel 142 Dimon Marital R.M. Young 5014 Elsby Avenue 2625 FM 1378 Dallas, Texas 75209-3306 Wylie, Texas 75098 Parcel 135 Parcel 143 Allred F. Monroe Kenneth Ellis 2301 F.M. 1378 2605 FM 1378 Wylie, Texas 75098 Wylie, Texas 75098 Parcel 136 Parcel 144 Michael Nunns Dennis Baum 4425 Whitcomb Way 2505 FM 1378 Wylie, Texas 75098-7723 Wylie, Texas 75098 Parcel 137 Parcel 145 — John Potoschnilz Bobby Mitchell 6944 Taylor Lane P.O. Box 503 Wylie, Texas 75098-7720 Wylie, Texas 75098-0503 Parcels 138, 147,and 148 Parcel 146 Donald Anderson Thomas Pilon 419 Ballard 6935 Taylor Lane Wylie, Texas 75098-7721 Wylie, Texas 75098 Parcel 149 Parcel 139 Robert Adams Troy Gibson 6913 Taylor Lane 4201 Parker Road Wylie, Texas 75098-7721 Wylie, Texas 75098-7715 Parcel 150 Parcel 140 Alfred Zurita Robert Garner,Jr. 6907 Taylor Lane 4419 Parker Road Wylie, Texas 75098-7721 Wylie, Texas 75098-7719 Parcel 151 Parcel 141 City of Parker Doodie Frederick 5700 E. Parker Road 2678 FM 1378 Allen, Texas 75002-6754 Wylie, Texas 75098 Parcel 152 Parcel 164 Joe Purkhiser Edward Sledge 6905 Taylor Lane 4010 Bois D Arc Lane Wylie, Texas 75098-7721 Allen, Texas 75002-7028 Parcels 153, 154, and 155 Parcel 165 Michael Whitcomb Kenneth Lewis 4420 Whitcomb Way 8421 Private Road 5201 Wylie, Texas 75098-7722 Princeton, Texas 75407-4843 Parcel 156 Parcels 166, 167, and 168 M. Lawayne Flaming Gerald Lewis 6924 Taylor Lane 7730 E. Parker Road Wylie, Texas 75098-7720 Allen, Texas 75002-7045 Parcels 157 and 158 Parcel 169 David Bevins Alvin Duncan 427 Runningbrook Lane 7750 E. Parker Road Mesquite, Texas 75149-5987 Allen, Texas 75002-7045 Parcel 159 Parcel 170 Paul Coats DR Horton Texas Ltd. 6906 Taylor Lane 1901 Ascension Blvd #100 Wylie, Texas 75098-7720 Arlington, Texas 76006-6521 Parcel 160 Parcel 171 Dale Detarville Kurt Strange 6904 Taylor Lane 7900 E. Parker Road Wylie, Texas 75098-7720 Allen, Texas 75002-7004 Parcel 161 Parcels 172 and 173 Dawn Paul Henry William Hallas 4403 Parker Road 7940 E. Parker Road Wylie, Texas 75098-7719 Allen, Texas 75002-7004 Parcels 162 and 163 Parcel 174 Jackie Thomas Michael Benner RR 1, Box 2 7960 E. Parker Road Allen, Texas 75002-9769 Allen, Texas 75002-7004 MONROE ADDITION Parcel 177-Lot 1 Parcel 177- Lots 9 and 10 Walter Smith,Jr. Michael Landon 6994 Dove Creek Drive 6906 Dove Creek Drive Wylie, Texas 75098-7750 Wylie, Texas 75098-7750 Parcel 177-Lot 2 Parcel 177-Lots 11 and 12 Robert Garner,Jr. Ralph James 4419 Parker Road 6918 Dove Creek Drive Wylie, Texas 75098-7719 Wylie, Texas 75098-7750 Parcel 177-Lot 3 Parcel 177-Lot 13 Eddy Blankenship Gary Amy 4415 Parker Road 4105 Midnight Drive Wylie, Texas 75098-7719 Plano, Texas 75093-3829 Parcel 177-Lot 4 Parcel 177 - Lot 14 Thomas Sessums Peter Harden 4411 Parker Road 6930 Dove Creek Drive Wylie, Texas 75098-7719 Wylie, Texas 75098-7750 Parcel 177-Lot 5 Parcel 177-Lot 15 Glyn Ramsey Dennis Brubaker 6690 Dove Creek Drive 6926 Dove Creek Drive Wylie, Texas 75098-7750 Wylie, Texas 75098-7750 Parcel 177-Lot 6 Parcel 177-Lot 16 Mark McDonald John Coppic 6986 Dove Creek Drive 6974 Dove Creek Drive Wylie, Texas 75098-7750 Wylie, Texas 75098-7750 Parcel 177-Lot 7 Parcel 177-Lot 17 Robert Gray Ace Burns,Jr. 4330 FM 75 6970 Dove Creek Drive Princeton, Texas 75407-2472 Wylie, Texas 75098-7750 Parcel 177-Lot 8 Parcel 177-Lot 18 Terrie Monroe Harvey West 6902 Dove Creek Drive 6966 Dove Creek Drive Wylie, Texas 75098-7750 Wylie, Texas 75098-7750 Parcel 177-Lot 19 John Minick 6962 Dove Creek Drive Wylie, Texas 75098-7750 Parcel 177-Lot 20 Michael Lundeen 6958 Dove Creek Drive Wylie, Texas 75098-7750 Parcel 177-Lot 21 Lonnie Benton 6954 Dove Creek Drive Wylie, Texas 75098-7750 Parcel 177-Lot 22 William Riclgley 6950 Dove Creek Drive Wylie, Texas 75098-7750 Parcel 177-Lot 23 Jerry Crowder 6946 Dove Creek Drive Wylie, Texas 75098-7750 Parcel 177-Lot 24 Daniel Waller 6942 Dove Creek Drive Wylie, Texas 75098-7750 Parcel 177-Lot 25 Michael Rains 6938 Dove Creek Drive Wylie, Texas 75098-7750 li 1 I 1 wC°s OTr U►�� -- 1 6� Parker Hood F.M. 2514 c T: s� it.'E c x x -� r-1 1 ; ., yf , � 1� -1 *A. :ER CITY LIMITS �' i,j i .- i ors z t ,F a '' -g ° �' i£',-' �it t t '4�.i Pt Porte! - ".,,T3 .r' , X t, ..t4,a }g�, 3 1�5 t3 'ai F i y -ry '-• '.... „.....:,,,... ..„ ::. ...,....,:. . . „_. c.____ 1 PARKER CITY LIMITS` , atj• 6 a w T FI 'g y .. 'a dZ •�C'.-�^ 4 t M1 � /, - I 4y a T y� ✓ xy s 1 ~ '::-.'::'''' pli, f a �,, ill Cit Limits ITY L MITS 43, ,T�-�II �do,, II 2. 111 11�11111111SW 111111(161110 CityLimits 3 y, 4 t 128 E o -- 121 : , : , , : 4 M 129 -, i,: ./ uW►I/ 1111111 `— 1111/ III..ii= 1111, 1 alt,,41111111► oh p ���JIIIIIOIL MINUTES Wylie City Council Tuesday, August 31, 1999 - 6:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, Tuesday, August 31, 1999 at 6:00 p.m. with the following Councilmembers present: Joel Scott,Reta Allen,Jim Swartz,Merrill Young,J.C.Worley and Chris Trout. Staff members present were: Mike Collins, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove,Finance Director;Tobin Maples,Planning Director and Barbara Salinas,City Secretary. Invocation Councilman Scott was asked to give the invocation. Pledge of Allegiance Councilman Trout was asked to lead the Pledge of Allegiance. Presentations&Proclamations. .... ..... ..:.. ...... .... The Mayor read a Proclamation that proclaimed September 1, 1999 as"Good Neighbor Day"in Wylie,Texas. Ms.Pam Wells,Wylie Flower Shop accepted. Citizens;Participation There was no citizens participation. ITEMS!FOR NDI DUAL CONSIDERATION Approval of Ordinances 1. Consider and act upon approval of an ordinance establishing a"Municipal Court Technology Fund"and providing for the assessment and collection of a Municipal Court Technology Fee. Mr. Brady Snellgrove addressed this item. Mr. Snellgrove provided Council with a brief background of the Municipal Court Technology Fee. Councilman Scott made a motion to approve an ordinance establishing a"Municipal Court Technology Fund" and providing for the assessment and collection of a Municipal Court Technology Fee. Councilman Worley seconded the motion. A vote was taken and the motion passed,7-0. 2. Consider and act upon a Preliminary Plat/Development Plan for the Lakeside Estates Phase II addition,proposed by Carter and Burgess,Inc.for G.Development,generally located along the north side of the railroad at the northeast corner of FM 544 and Springwell Parkway(Marshall Lane),and being all of a certain 28.770 acre tract out of the Moses Sparks Survey,Abstract No. 849,City of Wylie,Collin County,Texas. Wylie City Council Minutes August 31,1999 Page 1 Mr. Tobin Maples addressed this item. Mr. Maples provided Council with a brief history of the Preliminary Plat/Development Plan for the Lakeside Estates Phase II addition as proposed by Carter and Burgess,Inc. Mr. Maples advised that at the July 6, 1999 meeting of the Planning and Zoning Commission the Commission voted unanimously to recommend approval of this case. Councilman Worley made a motion to approve the Preliminary Plat/Development Plan for the Lakeside Estates Phase II addition,proposed by Carter and Burgess,Inc.for G.Development,generally located along the north side of the railroad at the northeast corner of FM 544 and Springwell Parkway(Marshall Lane),and being all of a certain 28.770 acre tract out of the Moses Sparks Survey,Abstract No. 849,City of Wylie,Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. 3. Consider and act upon approval of an Ordinance annexing all of a 199.22 acres tract of land situated in the William Patterson Survey,Abstract No.716,and being the second and third tracts in deed from Amos W. Hood,to Chas. E. Hood, dated November 27, 1940, and recorded in Volume 33,Page 70 of the Deed Records of Collin County,Texas. Mr. Tobin Maples addressed Council with regard to Agenda Items 3-8. Mr. Maples stated that two public hearings were held on August 9 and August 10, 1999 in compliance with state law and that Council would now consider formal action this evening. Councilman Trout made a motion to approve an Ordinance annexing all of a 199.22 acres tract of land situated in the William Patterson Survey,Abstract No. 716,and being the second and third tracts in deed from Amos W. Hood,to Chas.E. Hood,dated November 27, 1940,and recorded in Volume 33,Page 70 of the Deed Records of Collin County,Texas. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. 4. Consider and act upon approval of an Ordinance annexing all of a 12.86 Acres of land and being a tract of land situated in the WILLIAM SACHSE SURVEY,ABSTRACT NO.835,Collin County,Texas,and being all of that certain tract of land conveyed to Jeffrey L.Whitcraft and wife,Maria T.Whitcraft as recorded in File No.93-0088426,Deed Records,Collin County,Texas. Councilman Worley made a motion to approve an Ordinance annexing all of a 12.86 Acres of land and being a tract of land situated in the WILLIAM SACHSE SURVEY,ABSTRACT NO. 835,Collin County,Texas,and being all of that certain tract of land conveyed to Jeffrey L.Whitcraft and wife,Maria T.Whitcraft as recorded in File No.93-0088426,Deed Records,Collin County,Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. 5. Consider and act upon approval of an Ordinance annexing all of a 5.0 Acres of land and being situated in Collin County,Texas,a part of the Richard D.Newman Survey,Abstract No.660 and being part of 17.062 acres out of the East portion of a 19.70 acre tract as described in a deed from J.R Beck,et ux,to R.S.Williams,dated December 20,1910,recorded in Volume 166,Page 430 of the Collin County Deed Records,Collin County,Texas. Councilman Worley made a motion to approve an Ordinance annexing all of a 5.0 Acres of land and being situated in Collin County,Texas,a part of the Richard D.Newman Survey,Abstract No. 660 and being part of 17.062 acres out of the East portion of a 19.70 acre tract as described in a deed from J.R. Beck,et ux,to R.S. Williams,dated December 20, 1910,recorded in Volume 166,Page 430 of the Collin County Deed Records, Collin County,Texas. Councilman Swartz seconded the motion. A vote was taken and the motion passed,7-0. Wylie City Council Minutes August 31,1999 Page 2 6, Consider and act upon approval of an Ordinance annexing all of 2.911 acres of land situated in Collin County,Texas,in the I.&G.N.Railroad Company Survey,Abstract No. 1059,and being a portion of the 5 acre tract conveyed as Tract 2 in the deed from Vantage Properties,Inc.to Wylie Northeast Water Supply Corporation recorded in Volume 1187,Page 61,of the Collin County Deed Records,Collin County,Texas. Councilman Worley made a motion to approve an Ordinance annexing all of 2.911 acres of land situated in Collin County,Texas,in the I.&G.N.Railroad Company Survey,Abstract No. 1059,and being a portion of the 5 acre tract conveyed as Tract 2 in the deed from Vantage Properties,Inc.to Wylie Northeast Water Supply Corporation recorded in Volume 1187,Page 61,of the Collin County Deed Records,Collin County,Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. 7. Consider and act upon approval of an Ordinance annexing all of approximately 237.421 Acres of land and being all of a tract of land situated in the William Patterson Survey,Abstract No.716, and also being out of the L.Marshall Survey,Abstract No.594,Collin County,Texas. Councilman Swartz made a motion to approve an Ordinance annexing all of approximately 167.059 Acres of land and being all of a tract of land situated in the William Patterson Survey,Abstract No. 716,and also being out of the L.Marshall Survey,Abstract No.594,Collin County,Texas,excluding tracts 136, 137, 147, 148, 149, 150, 151,152, 153,154, 155, 156, 157, 158, 15, 160, 161 and tract number 177 know as Dove Creek,lots 1-25. Councilman Worley seconded the motion. A vote was taken and the motion passed,4-3. Councilman Scott, Councilwoman Allen and Councilman Young voted in opposition. 8. Consider and act upon approval of an Ordinance annexing approximately 3.823 Acres of land and being a survey of a tract of land in the W.D. Penny Survey,Abstract 696,Collin County, Texas,and being part of a certain 25.679 acre tract as described in deed to L.D.Pearce recorded in Volume 496,Page 268,Deed Records,Collin County,Texas Councilman Young made a motion to approve an Ordinance annexing approximately 3.823 Acres of land and being a survey of a tract of land in the W.D.Penny Survey,Abstract 696,Collin County,Texas,and being part of a certain 25.679 acre tract as described in deed to L.D. Pearce recorded in Volume 496, Page 268, Deed Records, Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. Public Hearing 9. Conduct a Public Hearing on the Proposed Tax Rate for Fiscal Year 1999-2000 and Provide Taxpayers an Opportunity to Express their Views on the Tax Increase. At the End of the Hearing,the City Council Must Set and Announce the Date,Time and Place of the Meeting at Which it Will Vote on the Final Proposed Tax Rate. Mr.Brady Snellgrove addressed this item. Mr.Snellgrove provided Council with a brief explanation of the Truth in Taxation laws of the State of Texas and advised that this evening would allow the public to express their views on the tax increase. He explained that the Council would be asked to announce the date,time and location of the second public hearing date;a vote to be taken on the final proposed tax rate at said public hearing. Wylie City Council Minutes August 31,1999 Page 3 The Mayor then opened the public hearing and asked anyone wishing to speak either in favor of or in opposition of the proposed tax increase to come forward and state their name and address and limit their comments to three minutes. With no response,the Mayor then closed the public hearing. Staff Reports City Manager,Mike Collins reported that the Local Design committee was unable to meet this week but have rescheduled a meeting for next week. Mr.Collins stated that a work session would be scheduled for September 28 to discuss city wide drainage issues and presentation by the city engineer with regard to Wylie Ranch Estates. Mr. Collins stated that the Collin County Commissioners would meet on September 1, 1999 to discuss withholding funds from Libraries that do not meet their recommended Internet access/restrictions policy. He stated that Mignon Morse,Library Director would be attending. Finance Director,Mr. Brady Snellgrove reported that the city has advertised for bids and will be getting quotes for hand held meter readers. He advised that the city's are not Y2K compliant therefore they needed to be replaced. The Mayor announced a brief recess before convening into Work Session at 6:45 p.m. Work Session, • Traffic Impacts of S.H. 78/F.M. 544 Reconstruction ♦ Kirby Street Operation Between Birmingham Street and S.H. 78 City Manager,Mike Collins and Transportation Engineer,Mr. Stanton Forester provided Council with an update on the construction schedule for the S.H. 78/F.M. 544 reconstruction. Mr. Forester stated that he has met with TxDOT and reviewed the traffic situation. He stated that the project will take approximately 18 months for completion,with actual construction between 60-90 days but could be up to 120. There was some discussion regarding the Kirby Street operation with regard to the impact of the future bond project construction. Mr.Collins explained that currently the street is one way to help with the traffic flow during the Ballard Street Construction. Mr. Collins stated that he has visited and received input from Mr.Mike Belt, owner of Video Hits and the Hartman School Administration. Mr.Collins stated that there is some opposition to keeping Kirby one way and both the City Manager's office and the Public Works office have received phone calls from individuals expressing their concerns. There was also some concern regarding the gate erected by Lakeside Village Apartments and public safety issues for emergency vehicles. Wylie City Council Minutes August 31,1999 Page 4 Adjournment. With no further business to come before Council,the meeting was adjourned at 8:30 p.m. Jo ondy,Mayor Attest: /"-1 /' /? arbara A. Sat' ,City Secrets SEAL t10) Art.t.!E, Wylie City Council Minutes August 31,1999 Page 5 04/22/05 09:49 FAX 2145444040 ABERNATHY ROEDER ET AL a 002/003 r ABERNATHY ROEDERip BOYD ' J O P LI1 • 1700 Redbud Boulevard,Suire 300•P.O.Box 1210•McKinney.T¢xa;75070-1210 Metro 214.544.4000•Fax 214.544.4040 ATTORNEYS AT LAW JULIE Y. FORT jjiu.+pabernwry-law.com Diccct Ditl 214.544.4039 April 22,2005 • Via Facsimile and Mail (9721458-7139 Mr. Charles Welhausen Attorney at Law 6757 Arapaho Rd., Ste. 711336 Dallas,Texas 75248 RE: Request for Disannexation from the City of Wylie Dear Mr. Welhausen: This letter is to follow-up on our telephone conversation of April 20, 2005, wherein you requested information regarding City services being provided to your clits. It appears that your clients are treated in the same manner as other areas within the City limits. For example, police and fire records, including 911 calls, indicate the area in question is being served and that calls have been responded to in the area,including;galls from Gerald Lewis. Representatives of the Police and Fire Departments would be glad to discuss your client's concerns with them. Additionally,solid waste collection from the City's service prpvider is available to your clients. It is my understanding that none of them have ever submitted.a request to receive the service. As another example, the City of Wylie is served by at least four?lifferent water providers, including the City of Parker. It is my understanding that your clients a receiving water service from the City of Parker's water system. The water utility provider is detemined by the location of the property. The citizens do not get to select from among the providers', It is not the City's desire to enter into litigation with citizens. Htwever, the City does not intend to disannex your clients' property. We are willing to discuss anl other resolutions to this matter. If disannexation is the only result that will satisfy your clients,ten I presume discussions would not be fruitful. oP 04/22/05 09:50 FAX 2145444040 ABERNATHY ROEDER ET AL Q 003/003 Mr.Charles Welhausen j` April 22,2005 Page 2 Let me know if you would like to discuss other solutions,if your clients would like to meet with City staff,or if you will be proceeding forward with litigation. Very truly yours, kii);x1.2/ Julie Y.Fort JYF/kb • cc: Mark Roath, City Manager City of Wylie it I, 341543.1 Our Mission.. ...to be responsible stewards of the public trust, VI. to strive for excellence in public service,and to enhance the quality of life for all. City of Wylie March 15, 2005 VIA FACSIMILE AND REGULAR MAIL Mr. Richard Abernathy Abernathy, Roeder, Boyd & Joplin, P.C. 1700 Redbud Boulevard, Suite 300 McKinney, Texas 7507001210 • Re: Request for Disannexation, Charles Welhausen, Representative Dear Richard: At our meeting on February 10, 2005, we discussed the above styled request for disannexation. As a result of that meeting, we agreed that my office would obtain additional information from the City departments about services provided to those requesting disannexation. Enclosed please find the following: 1. Letter from Charles Welhausen dated March 6, 2005. 2. E-Mail from Mike Sferra, Public Services Director dated March 11, 2005. 3. Memo from Jeff Butters, Chief of Police, dated March 11, 2005. 4. Memo from Johnny Bray, Building Director, dated March 11, 2005. 5. Memo from Shan English, Fire Chief, dated March 15, 2005. After you have read these documents, I would welcome an opportunity to visit about this request. Sincerely, zrea eel • Mark B. Roath City Manager Enclosures P0 2000 Highway 78 North•Wylie,Texas 75098• (972)442-8100•www.ci.wylie.tx.us CHARLES WELHAUSEN Attorney at Law 6757 Arapaho Rd. Ste. 711336 (972)404-3092 Phone Dallas, Texas 75248 (972)458-7139 Fax March 6, 2005 Mr. Mark Roath, City Manager City of Wylie, Texas 2000 State Highway 78 North Wylie, TX 75098 Re: Request for Disannexation My clients: Michael C. Benner & Sharon K. Benner; Al Duncan & Robin Duncan; Gerald Lewis & Sally Lewis; Kenneth R. Lewis & Patsy Lewis; Edward M. Sledge & Karen Sledge; Kurt Strange; Alice Marie Thomas & Jackie Wayne Thomas Dear Mr. Roath, Per our various conversations, this is my request on behalf of my clients named above, that the tracts or parcels of land referenced on the attached list be disannexed from the City of Wylie, Texas. My clients' request for dsannexation is predicated in part upon the failure of the City of Wylie to develop the annexed areas and provide services in a timely fashion as required by the Wylie City Charter, Wylie City Ordinances, relevant Service Plans, Texas State Statutes, the Constitution of the State of Texas and pertinent Court decisions. Without limiting their claims, my clients complain of the failure of the City of Wylie to provide the following services: police, fire, environmental health and code enforcement services, solid waste collection, street maintenance, water services, and sanitary sewer services. As mentioned to you in our meeting, the relief requested by my clients is to be is nne ed from the City of Wylie. r rs, h u © 0 Request for Disannexation Michael C. Benner & Sharon K. Benner; 7960 E. Parker Rd. A0594 Marshall, L M, Tract 1, Acres 2.0758 Al Duncan & Robin Duncan 7750 E. Parker Rd. A0594 Marshall, L M, Tract 7, Acres 2 Gerald Lewis & Sally Lewis; 7700 E. Parker Rd. A0594 Marshall, L M, Tract 4, Acres 12.324 Gerald Lewis & Sally Lewis 7730 E. Parker Rd. A0594 Marshall, L M, Tract 8, Acres 1.000 Kenneth R. Lewis & Patsy Lewis 7664 E. Parker Rd. A0594 Marshall, L M, Tract 14, Acres 2.1370 Edward M. Sledge & Karen Sledge; 4010 Bois D'Arc Ln. A0594 Marshall, L M, Tract 15, Acres 1.5000 Kurt Strange 7900 E. Parker Rd. A0594 Marshall, L M, Tract 10, Acres 0.9080 Alice Marie Thomas & Jackie Wayne Thomas 7640 E. Parker Road A0594 Marshall, L M, Tract 3, Acres 1.6030 Charles Welhausen • ; ^A1 Attorney at Law fir" DP "' 6757 Arapaho Rd. , Ste. 711336 c.' P`v' � �� j'� Dallas, Texas 75248 03 MAR tRL� � _ RECEVED • MAR 0 2005 Mr. Mark Roath, City Manager City of Wylie, Texas o `�cF= `"�`CITY::IA ACER 2000 State Highway 78 North Wylie, TX 75098 ....ti=�i-.�`Ia .' .�•� I11II/!'1l11Ili llli!!1!l11I!!!,!,i,,I I,jI,h,,Itl!!I,I ,1 ,! Page 1 of 1 Mark B. Roath From: Mike Sferra [msferra@ci.wylie.tx.us] Sent: Friday, March 11, 2005 9:45 AM To: 'Mark B. Roath' Cc: jbray@ci.wylie.tx.us; 'Shan English'; 'Jeff Butters' Subject: Disannexation Request Mark, In response to your memo dated March 9 concerning the disannexation request: • I checked with Utility Billing and found that none of the addresses accompanying the memo are being charged for water, sewer, or solid waste collection by the City of Wylie. • The addresses are not in Wylie's service area for water; they are served by the City of Parker water system. • Wylie has no sanitary sewer lines in the immediate area, and the residents are not connected to Wylie's sanitary sewer collection system in any way. • The Street Division has had no requests and has performed no street repairs on Parker Road, which is state highway FM 2514, or on Bois D'Arc Lane. Worth noting: a proposed development, Estates at Creekside, is within Wylie city limits and has frontage along Parker Road (FM 2514). When the conceptual plans were reviewed several years ago, this development intended to establish sanitary sewer in the area, and several nearby residents were going to be allowed to connect to the sanitary sewer. Four of these residents: Benner, Duncan, Gerald Lewis, and Strange are adjacent to the development, and their names are on the list requesting disannexation. Mike 0 3/11/2005 WYLIE POLICE DEPARTMENT MEMORANDUM TO: Mark Roath, City Manager FROM: Jeff Butters, Chief of Police DATE: 03-11-05 SUBJECT: Disannexation Request On 06/26/05 the Wylie Police Department took a theft report from Gerald Lewis. On 01/13/05 the Wylie Police Department worked an accident in the 600 block of F.M. 1378 in which Gerald Lewis was involved. The Wylie Police Department has worked accidents and written citations in the 7600— 7900 blocks of Parker Rd. The Wylie Police Department has no record of any other request for service from the individuals listed in the disannexation request. I would point out that Police services were available to all of these citizens had a request been made. 0 P City of Wylie Building Inspections Memo To: Mark Roath, City Manager From: Johnny Bray, Building Director CC: Shan English, Fire Chief Jeff Butters, Police Chief Mike Sferra, Public Services Director Date: 3/11/2005 Re: Disannexation Request • In response to MEMORANDUM NO.05-09 from your office, I am providing the following information: Building Inspections: • There are no current building permits issued to the addresses mentioned in the memo. • My office has no historical permit information available for any permits that may have been issued in the past. Code Enforcement: • There are no current complaints being addressed by the Code Enforcement officer at the addresses mentioned in the memo. • The current Code Enforcement officer is unaware of any past incidents and/or complaints that may have been responded to at the addresses mentioned in the memo. r"*.61-11117' JOHNNY BRAY, Building Director © 0 P 1 ' CST.1909` IVierno `faMj{p` r To: Mark B. Roath, City Manager 'CL '1Z1 � jso _ Y .CtiAss From: Chief English 1 Date: 3/15/2005 Re: Memorandum No. 05-09 The addresses in question are in box in Box 236, which is the service designation for their neighborhood that Wylie Fire Rescue uses when dispatched by the 911 Center. The same addresses are applicable to the Wylie Police Department's District PD1. A query was run to ascertain the number of"Calls For Service" to Box 236 and to Police District PD1. There have been 495 calls for service from the Wylie Police Department to District PD1 since CAD (Dispatch) has been recording them in our database. There have been 108 "Calls For Service" from the Wylie Fire Rescue to BOX 236, again since CAD has been recording them in the database. The average response time is 5:37 (min/sec)for life threatening emergencies. I have attached a summary of the WFR queries ran. 01°941 • WYFD Total Calls to Box 236 3/14/2005 August 2002 August Avg Response Time: 0:04:46 Total Calls for August: 1 October 2002 October Avg Response Time: 0:06:05 Total Calls for October: 1 November 2002 November Avg Response Time: 0:14:43 Total Calls for November: 5 December 2002 December Avg Response Time: 0:08:16 Total Calls for December: 4 January 2003 January Avg Response Time: 0:04:55 Total Calls for January: 3 April 2003 April Avg Response Time: 0:05:16 Total Calls for Anril: 9 May 2003 May Avg Response Time: 0:07:35 Total Calls for Mav:2 June 2003 June Avg Response Time: 0:05:27 Total Calls for June:32 July 2003 July Avg Response Time: 0:05:56 Total Calls for July: 5 August 2003 August Avg Response Time: 0:07:28 Total Calls for August: 8 September 2003 September Avg Response Time: 0:05:59 Total Calls for Sentember:2 November 2003 November Avg Response Time: 0:06:08 Total Calls for November:2 December 2003 December Avg Response Time: 0:04:37 Total Calls for December:3 January 2004 January Avg Response Time: 0:05:49 1 Total Calls for January: 21 February 2004 February Avg Response Time: 0:05:42 Total Calls for February: 13 March 2004 March Avg Response Time: 0:03:50 Total Calls for March:3 May 2004 May Avg Response Time: 0:05:00 Total Calls for May: 6 June 2004 June Avg Response Time: 0:05:43 Total Calls for June: 9 July 2004 July Avg Response Time: 0:06:49 Total Calls for July: 10 August 2004 August Avg Response Time: 0:05:42 Total Calls for August: 6 September 2004 September Avg Response Time: 0:05:47 Total Calls for September: 11 October 2004 October Avg Response Time: 0:05:35 Total Calls for October: 2 November 2004 November Avg Response Time: 0:13:28 Total Calls for November:2 December 2004 December Avg Response Time: 0:04:31 Total Calls for December: 4 January 2005 January Avg Response Time: 0:04:31 Total Calls for January: 6 February 2005 February Avg Response Time: 0:03:54 Total Calls for February:5 March 2005 March Avg Response Time: 0:05:12 Total Calls for March: 18 December 2002 December Avg Response Time: 0:09:57 Total Calls for December:2 April 2003 2 April Avg Response Time: 0:05:16 Total Calls for Anril: 9 May 2003 May Avg Response Time: 0:07:35 Total Calls for May: 2 June 2003 June Avg Response Time: 0:05:52 Total Calls for June: 9 July 2003 July Avg Response Time: 0:04:23 Total Calls for July: 4 August 2003 August Avg Response Time: 0:07:28 Total Calls for August: 8 September 2003 September Avg Response Time: 0:05:59 Total Calls for September: 2 November 2003 November Avg Response Time: 0:06:08 Total Calls for November:2 December 2003 December Avg Response Time: 0:04:51 Total Calls for December: 2 January 2004 January Avg Response Time: 0:05:34 Total Calls for January: 20 February 2004 February Avg Response Time: 0:07:48 Total Calls for February: 6 March 2004 March Avg Response Time: 0:03:46 Total Calls for March: 2 May 2004 May Avg Response Time: 0:05:00 Total Calls for Mav: 6 June 2004 June Avg Response Time: 0:05:43 Total Calls for June: 9 July 2004 July Avg Response Time: 0:07:06 Total Calls for July: 9 August 2004 August Avg Response Time: 0:05:42 Total Calls for August: 6 3 September 2004 September Avg Response Time: 0:05:47 Total Calls for September: 11 October 2004 October Avg Response Time: 0:05:35 Total Calls for October: 2 November 2004 November Avg Response Time: 0:13:28 Total Calls for November:2 December 2004 December Avg Response Time: 0:04:31 Total Calls for December: 4 January 2005 January Avg Response Time: 0:04:31 Total Calls for January: 6 February 2005 February Avg Response Time: 0:03:54 Total Calls for February: 5 March 2005 March Avg Response Time: 0:05:12 Total Calls for March: 9 September 2004 September Avg Response Time: 0:06:15 Total Calls for Sentember: 7 March 2005 March Avg Response Time: 0:05:12 Total Calls for March: 9 Totals: Avg Response Time for Period: 0:05:54 Total Number of Calls to Box 236: 108 4 WYPD calls to District 1 since CAD recorded 3/14/2005 1 A Priority Avg Response Time: 0:05:37 Total Priority 1 Calls: 32 Priority Avg Response Time: 0:14:08 Total Priority 2 Calls: 77 Priority Avg Response Time: 0:06:40 Total Priority 3 Calls: 297 Priority Avg Response Time: 0:07:04 Total Priority 4 Calls: 89 Totals: Avg Response Time for Period: 0:07:50 Total Calls to PD District 1 : 495 1 Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: May 8, 2007 Item Number: 5 Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: N/A Date Prepared: May 3, 2007 Budgeted Amount: N/A Exhibits: 1 Subject Consider and act upon a recommendation to the North Central Texas Council of Governments Nominating Committee to serve as an Executive Board Member for 2007-2008 representing cities with a population of 25,001 or more. Recommendation A motion to recommend to the North Central Texas Council of Governments Nominating Committee to serve as an Executive Board Member for 2007-2008 representing cities with a population of 25,001 or more. Discussion Each year the North Central Texas Council of Governments requests nominations for their Executive Board of Directors. Local officials from member governments are invited to submit recommendations for the Board positions. The City of Wylie is eligible to submit a recommendation for one of two representative positions for Cities with a population of 25,001 or more, (but less than 100,000). An Executive Board member must be a local elected official from a member government and no member government may have more than one representative on the Board at any given time unless one of them is serving in the Past President position. All recommendations from member governments must be received by May 11, 2007 to be considered. NCTCOG has appointed a nominating committee consisting of the current Executive Board President and Past Presidents of the Board. Final nominations from the committee will go to the General Assembly at their meeting scheduled for Friday, June 15, 2007. Mayor Pro Tern Carter Porter has indicated an interest in serving on this board if recommended, nominated and elected. Attached is the recommendation form for 2007-2008, current 2006-2007 Executive Board members, Executive Board structure, and the telephone numbers and mailing addresses of the Nominating Committee members. Approved By Initial Date Department Director CE 5-3-07 City Manager t 171 S- 3 " 0 7 Page 1 of 1 A WINN North Central Texas Council Of Governments TO: NCTCOG Member Governments DATE: April 3, 2007 FROM: T. Oscar Trevino, Jr. P.E. NCTCOG President Mayor, North Richland Hills SUBJECT: Election of Officers and Directors for 2007-2008 Executive Board • The Council of Governments will be electing its Officers and Directors for 2007-2008 at its General Assembly meeting that is scheduled for Friday, June 15,2007. Local officials from member governments are invited to submit recommendations for the Board positions on the enclosed forms. Please return your completed forms by Friday.May 11.2007. To assist in this process, a Nominating Committee has been appointed. I will serve as Chair of the committee and will be assisted by the following Past Presidents: Wayne Gent,County Judge, Kaufman County-President 2005-06 Bob Phelps, Mayor, Farmers Branch-President 2004-05 Jack Hatcheil,County Commissioner, Collin County—President 2003-04 James O'Neal, former Mayor Pro Tem, City of Lancaster President 2002-03 Mary Poss,former Councilmember, City of Dallas—President 2000-01 Ron Harris, former County Judge of Collin County—President 1999-2000 Ron Harmon, former County Judge of Johnson County-President 1998-99 Elzie Odom, former Mayor of Arlington President 1997-98 ' Jewel Woods, former Councilmember of Fort Worth President 1995-96 Gary Slags!, Mayor of Richardson President 1994-95 Jim Alexander, former Councilmember of Denton President 1991-92 Bill Lofland,former County Judge.of Rockwall—President 1990-91 Roy Orr,former Commissioner of Dallas County-President 1978-79 For your information, I have also included material reflecting the structure of the Executive Board, a listing of current Board members, and the telephone numbers and mailing addresses of the Nominating Committee members. If you have any questions, please contact me or one of the other members of the Nominating Committee. OT:sc Enclosures 616 Six Flags Drive,Centerpoint Two P.O.Box 5888,Arlington,Texas 76005-5888 (817)640-3300 FAX:817-640-7806 :: recycled paper www.nctcog.org North Central Texas Council of Governments 2007 - 2008 Executive Board Nominating Form FROM: DATE: Name Title Local Government Represented Address City/State/Zip TO: Wayne Gent, NCTCOG President--Chairman, Nominating Committee SUBJECT: Recommendation for Local Elected Official to Serve on NCTCOG's 2007-2008 Executive Board I would like to recommend the following local elected official: Name • Title ' (Mayor,Councilmember,City Commissioner,County Judge,County Commissioner,School Board President or Member) Local Government Represented (Population) Address/City/State/Zip for consideration by the Nominating Committee to serve on NCTCOG's 2007-2008 Executive Board. Additional supporting comments: (Please attach a resume or additional biographical information.) Y1 V fleas returxt dorm to f�l "�'s b 11, North Central'T xas Council of ov na#t�s P fl Box 888 Arl n,texas 7 5- 888 Fa (817) 704254 • NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Executive Board Structure (According to NCTCOG Revised Bylaws) OFFICERS President (Elected by General Assembly. Must be a member of the Executive Board.) Vice President (Elected by General Assembly. Must be a member of the Executive Board.) Secretary-Treasurer (Elided by General Assembly. Must be a member of the Executive Board.) Past President (Automatic position on Executive Board.) DIRECTORS—Categorical Requirements Representative of Lamest Populated City (Nominee selected by City of Dallas.) Representative of Second Lamest Populated City (Nominee selected by City of Fort Worth.) Representative of Largest Populated County (Nominee selected by Dallas County.) Representative of Second Lamest Populated County • (Nominee selected by Tarrant County.) Representative of a County with a Population of 300.001 or More Reoresentative of a County with Population of 300.000 or Less Representative of a City with Population of 100.000 or More Two Representatives of Cities with Populations of 25.001 or More Reoresentative of a City with Population of 25.000 or Less Two Representatives from any Member Government • An Executive Board member must be a local elected official from a member government • If a director is elected to an officer position, that director will continue to represent the category that the director was originally elected to serve. • No member government may have more than one(1)representative on the Board at any given tune unless one of them is serving in the Past President position. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS 2006-2007 EXECUTIVE BOARD OFFICERS President-Oscar Trevino, Jr. P.E., Mayor, City of North Richland Hills Vice-President-Chad Adams, County Judge, Ellis County Secretarv/Treasurer-John Murphy, Mayor Pro Tern, City of Richardson Past President-Wayne Gent, County Judge, Kaufman County DIRECTORS Director-Mike Cantrell, Commissioner, Dallas County Director-Glen Whitley, County Judge,Tarrant County Director-Linda Koop, Councilmember, City of Dallas Director-Chuck Silcox;Councilmember, City of Fort Worth Director-Bobbie Mitchell, Commissioner, Denton County Director Bobby Waddle, Mayor Pro Tern, City of DeSoto Director-Becky Miller, Mayor, City of Carrollton Director-David Dorman, Mayor, City of Melissa Director- Ken Sheffer, Mayor, City of Burleson NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS 2007 EXECUTIVE BOARD NOMINATING COMMITTEE Oscar Trevino, Jr., Chairman Elzie Odom Mayor, City of NRH 1019 Byron Ln. P.O. Box 820609 Arlington, TX 76012 North Richland Hills, TX 76182 817-459-6127 Phone: (817) 427-6062 Wayne Gent Mary Poss County Judge, Kaufman County 6405 Mercedes Ave. 100 W. Mulberry Dallas, TX 75206 Kaufman, TX 75142 214-738-0777 972-932-4331 Jewel Woods Bob Phelps 6125 Wales Ct. Mayor, City of Farmers Branch Fort Worth, TX 76133 13910 Josey Lane 817-294-1516 • Farmers Branch, TX 75234 972-484-8080 Gary A. Slagel Mayor; City of Richardson 21 Bunker Hill Jack Hatchell Richardson, TX 75080 1216 Balboa Circle 972-744-4100 Plano, TX 75075 972-571-5235 Jim Alexander James O'Neal 1412 Sandy Creek Dr. 1156 Mississippi Denton, TX 76205-6601 Dallas, TX 75207 940-898-2133 214-951-7300 Bill Lofland Ron Harris Rockwall County County Judge, Collin County 105 E. Kaufman Street 210 South McDonald St., Ste. 626 Rockwall, TX 75087 McKinney, TX 75069 972-771-5212 972-548-4623 Roy Orr Ron Harmon Gov. Relations Specialist PO Box 1986 P. O. Box 10 Burleson, TX 76097 DeSoto, TX 75115 817-295-2616 972-230-0000