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05-28-2013 (City Council) Agenda Packet
Wylie City Council CITY:FWYLIE NOTICE OF MEETING Regular Meeting Agenda May 28, 2013 — 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Nathan Scott Mayor Pro Tern Keith Stephens Place 1 Todd Wintters Place 3 Bennie Jones Place 4 Rick White Place 5 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Proclamation - Mayor for the Day — Garrett Bradford - 4th Grade at Birmingham Elementary • Presentations -Excellence in Libraries Award Presentation • Update on Bluegrass Ballard - Craig Kelly, Public Information Officer May 28,2013 Wylie City Council Regular Meeting Agenda Page 2 of 3 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 the Minutes of the May 14, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for April 30, 2013. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for April 30, 2013. (L. Bantz, Finance Director) D. Consider, and act upon, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of April 30, 2013. (S. Satterwhite, WEDC Executive Director) E. Consider, and act upon, Resolution No. 2013-11-1(R) approving an Indigent Care Affiliation Agreement between the City of Wylie and East Texas Medical Center. (R. Corbin, Fire Chief F. Consider, and act upon, Resolution No. 2013-12-1(R) authorizing the City Manager of the City of Wylie, Texas, to execute an interlocal agreement by and between the Town of St. Paul and the City of Wylie for Fire Protection Services. (R. Corbin, Fire Chief G. Consider, and act upon, approval of a Preliminary Plat for Alanis Crossing Phase I consisting of 29.292 acres for 52 single family residential lots and 1 open space lot dedicated for drainage purposes, generally located west of F.M. 544, south of Alanis Drive. (R. 011ie, Planning Director) H. Consider and act upon, the award of bid number W2013-43-B Wylie Senior Center Interior Renovation in the amount of $52,653.00 to Concord Commercial Services Inc., Lutz Woodworks, and Wylie Carpet and Tile; and subject to the timely execution of any necessary documents by the City Manager. (G. Hayes, Purchasing) I. Consider and act upon, approval of Resolution No. 2013-10(R) authorizing the City Manager of the City of Wylie, Texas, to execute the interlocal agreement between Collin County and the City of Wylie concerning the construction of Ballard Avenue from Alanis Drive to the Collin County line. (C. Holsted, City Engineer) J. Consider and act upon Resolution No. 2012-13-1(R) of The City Council of the City of Wylie, Texas, to ratify Change Order #1 to an agreement between Pulliam Construction Management Inc. for an increase in the scope of work of an additional parking lot at 949-100 Hensley Lane in the amount of$51,228.70. (G. Hayes, Purchasing) May 28,2013 Wylie City Council Regular Meeting Agenda Page 3 of 3 K. Consider, and act upon, authorizing the City Manager to execute the engagement letter with Weaver and Tidwell, L.L.P. for Fiscal Year 2012-2013 audit services for a fee not to exceed $57,750. (L. Bantz, Finance Director) REGULAR AGENDA PUBLIC HEARING 1. Hold a Public Hearing and consider, and act upon amending the zoning from Agricultural (A/30) to Planned Development Single Family Detached District (PD-SF) to accommodate a proposed single family residential subdivision on an approximate 28 acre tract generally located on South Ballard approximately 1000' south of Alanis. ZC 2013-01 (R. 011ie, Planning Director) Executive Summary The applicant is requesting to establish permanent zoning on an approximate 28 acre tract generally located south of Alanis on South Ballard. The property is currently zoned A/30 with a majority of its borders surrounded by property that lies outside city limits. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • 2013-14 Budget Work Session. (L. Bantz, Finance Director) RECONVENE INTO REGULAR SESSION ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with the attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. CERTIFICATION I certify that this Notice of Meeting was posted on this 24`"day of May, 2013 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, May 14, 2013 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Hogue called the meeting to order at 6:04 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor pro tem Kathy Spillyards, Councilwoman Diane Culver, Councilman David Goss, Councilman Bennie Jones, Councilman Nathan Scott, and Councilman Rick White. Staff present were: City Manager, Mindy Manson; Assistant City Manager Jeff Butters; Fire Chief, Randy Corbin; Police Chief, John Duscio; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae 011ie; Finance Director, Linda Bantz; Library Director, Rachel Orozco; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support INVOCATION & PLEDGE OF ALLEGIANCE Reverend David Keuss representing the Woodbridge Bible Fellowship Church gave the invocation and Fire Chief Corbin led the Pledge of Allegiance. PRESENTATIONS TO OUTGOING COUNCIL MEMBERS • Mayor Pro Tern Kathy Spillyards • Councilman David Goss Mayor Hogue presented plaques of appreciation to outgoing council members Mayor pro tem Kathy Spillyards and Councilman David Goss. The two councilmembers did not seek re- election. Hogue thanked them for their years of service to the City of Wylie. Minutes March 26, 2013 Wylie City Council Page 1 Mayor Hogue presented a proclamation to Mayor pro tem Kathy Spillyards thanking her for taking the Mayor's position during certain time periods through the past year. In particular Mayor Pro Tem Spillyards presided over the meeting held on April 9, 2013 in the mayor's absence. Mayor Hogue presented a proclamation designating April 9, 2013 as "Mayor Kathy Spillyards Day" in the City of Wylie. DECLARE UNOPPOSED CANDIDATE ELECTED TO OFFICE • Presentation of Certificates of Election by Mayor Hogue to: 1. Keith Stephens, Place 1 2. Todd Wintters, Place 3 Mayor Hogue declared Keith Stephens, Place 1 and Todd Wintters, Place 3 elected to office. Both candidates had run un-opposed and the city was able to cancel the election. Mayor Hogue presented each of them with the Certificate of Elected Officer. ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL MEMBERS • Administered by Judge Terry Douglas: Collin County, Precinct 2 Judge Terry Douglas administered the oath of office to newly elected council members Keith Stephens, Place 1 and Todd Wintters, Place 3. Members of their families were present for the Oaths of Office. The two council members took their seats at the dais. PRESENTATIONS • Presentation of"Shining the Wylie Way" - 5th 6 Weeks Mayor Hogue and City Manager Mindy Manson presented medallions to students demonstrating the "Wylie Way." Each six weeks one student from each WISD campus is chosen as the "Wylie Way Student." • Presentation of Employee Milestone Anniversaries Mayor Hogue and City Manager Manson presented Plaques of Appreciation to employees reaching milestone years of service with the City. He thanked them for their service. Employees honored included: • Carole Ehrlich, City Secretary— 10 years • Jared Buckmeier, Firefighter/Paramedic— 10 years • Stephen Coomer, Police Sergeant— 10 years Minutes March 26, 2013 Wylie City Council Page 2 • Joddy Warren, Detective — 10 years • Alicia Barbosa, Records Clerk, 15 years • Matt Miller, Police Sergeant— 15 years • Proclamation—Emergency Medical Services Week; May 19-25, 2013 Mayor Hogue read a proclamation designating May 19th through May 25th as Emergency Medical Services Week in the City of Wylie. Fire Chief Randy Corbin was present and reported this appreciation is for all the personnel associated with emergency medical services including dispatch, fire fighters and paramedics. He thanked them for their service to the community. • Presentation of Texas Media Award from the Texas State Library Association Mayor Hogue recognized Kristen Bahls, a senior at Wylie High School for a silver medal she received from the Texas Library Association, Texas Media Award for the video "Banned Books Week: Inspired by The Hunger Games." The video was shown at the library during Banned Books Week and is available for viewing on YouTube under "Texas for 50 State Salute". The video was also featured on the webpage "50 State Salute to Banned Books Week." She created, directed, produced and edited the video. She also won gold at District Skills USA in broadcast news and then took third place for the entire state of Texas in Skills USA broadcast news competition. She and her co-anchor were the *only* anchors to get a *perfect* score for anchoring (out of 20 teams). • Proclamation - "Peace Officers Memorial Day and National Police Week - May 12 thru 18, 2013" Mayor Hogue read a proclamation declaring May 12th through May 18th as "Peace Officers Memorial Day and National Police Week" in the City of Wylie. Councilwoman Culver gave some statistics regarding peace officer fatalities and noted that she felt these individuals and all law enforcement personnel should be thanked for their dedication to their profession and service to their communities. APPOINTMENT OF MAYOR PRO TEM • Consider, and act upon, appointment of the Mayor Pro Tem for a one year term beginning May 2013 and ending May 2014 Council Action A motion was made by Councilman White, seconded by Councilman Wintters to appoint Nathan Scott as Mayor pro tern for a one year term beginning May 2013 and ending May 2014. A vote was taken and the motion passed 4-3 with Councilman Stephens, Councilman Wintters, Councilman Scott, and Councilman White voting for and Councilwoman Culver, Councilman Jones and Mayor Hogue voting against. Minutes March 26, 2013 Wylie City Council Page 3 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. Three members of the Wylie Youth Organization presented a short vocal skit about their "Youth Fitness Day" to take place May 25, 2013. Councilman Jones invited council members and those present to the event. The youth members included: Yaminah Lewis, Tikisha Michelle Johnson and Clay Mobley. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the April 23, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the Mayor to enter into Cooperative agreement for additional Law Enforcement Services, between the City of Wylie, Lavon Lake, Texas initiates Agreement No. W9126G-13-P-0112 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law Enforcement Services from May 17, 2013 through September 03, 2013 for a sum not to exceed $60,044.06. (J. Duscio, Police Chief) C. Consider and act upon approval of Ordinance 2013-21 prohibiting parking, stopping, or standing of a vehicle along Lewis Drive from Creekside Estates Drive to a point 150 north. (C. Holsted, City Engineer) D. Consider, act upon, Ordinance No. 2013-22 annexing a certain 8.052 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, Collin County, Texas and more particularly, being all of a tract of land conveyed to the Kansas City Southern Railway Company by instrument recorded in document number 19960719000606400, official records of real property, Collin County, Texas. (R. 011ie, Planning Director) E. Consider and act upon approval of Resolution 2013-10(R) authorizing the City Manager of the City of Wylie, Texas, to execute the partial funding interlocal agreement #2 between Collin County and the City Of Wylie concerning the construction of Woodbridge Parkway from Sh78 to Hensley Lane. (C. Holsted, City Eng.) F. Consider, and act upon, Ordinance No. 2013-23, to amend Ordinance No. 2008-49, Section 22-23 — Qualifications of members and Section 22-26 Tenure of office for the Construction Code Board. (R. 011ie, Planning Director) Minutes March 26, 2013 Wylie City Council Page 4 G. Consider, and act upon Resolution No. 2013-11(R) of the City Council of the City of Wylie, Texas, repealing Resolution No. 2012-28(R) due to clerical error; approving work with ETMC and the Southeast Collin County Emergency Medical Services Coalition to apply for grant funding through the Texas Healthcare Transformation and Quality Improvement Program in accordance with Section 1115 of the Social Security Act, known as the 1115 Waiver; and providing for an effective date. (R, Corbin, Fire Chief) H. Consider and act upon the award of bid number W2013-43-B Wylie Senior Center Interior Renovation in the amount of $52,653.00 to Concord Commercial Services Inc., Lutz Woodworks, and Wylie Carpet and Tile; and subject to the timely execution of any necessary documents by the City Manager. (J. Butters, Asst. City Mgr.) Mayor Hogue reported staff had requested Items E and H be removed from consideration. City Manager Manson reported these items would come back to council at the next meeting after corrections to the posting of Item E and completion of paperwork for Item H had been completed. Councilwoman Culver asked that Item F be removed from consent for further discussion. Council Action A motion was made by Councilwoman Culver, seconded by Mayor pro tern Scott to approve consent items: A, B, C, D, and G. A vote was taken and the motion passed 7-0. REGULAR AGENDA F. Consider, and act upon, Ordinance No. 2013-23, to amend Ordinance No. 2008-49, Section 22-23 —Qualifications of members and Section 22-26 Tenure of office for the Construction Code Board. (R. 011ie, Planning Director) Council/Staff Discussion Councilwoman Culver asked Planning Director 011ie if wording could be changed to make it clear that City of Wylie registered voters need to have first preference for consideration to the Construction Code Board categories, second preference should be those living in the Wylie ETJ and/or those vested in the city with others taking third preference. Councilwoman Culver also noted in Section 22-26 —Tenure of Office, it is stated that any member can be removed by city council for cause. Councilwoman Culver stated that for most boards' service as a board member is at the pleasure of the council. Planning Director 011ie replied that the wording "for cause" could be removed from the ordinance and preferences could be added to the approved ordinance. Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to adopt Ordinance No. 2013-23 to amend Ordinance No. 2008-49, Section 22-23 Qualifications of Minutes March 26, 2013 Wylie City Council Page 5 members and Section 22-26 Tenure of office for the Construction Code Board as amended (above). A vote was taken and the motion passed 7-0. 1. Consider, and act upon, the appointment of two committee members to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed council stating that in 2005 the WISD and City formed an advisory standing committee called the City/School Partnerships. This committee consists of 3 members of the WISD Board of Trustees and 3 members of the City Council. The focus of the committee is to discuss existing and new partnerships between the WISD and the City of Wylie. Ehrlich reported the current members serving on the sub-committee and representing the City are Mayor pro tern Kathy Spillyards, chair, Mayor Eric Hogue, and Councilman David Goss. The terms of this sub- committee run with their terms of elected office and therefore replacements must be made for Mayor pro tern Spillyards and Councilman Goss. Staff is requesting these positions be filled with the appointment of another council member. Council Action A motion was made by Mayor pro tem Scott, seconded by Councilman White to appoint Councilman Keith Stephens and Mayor pro tem Scott to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District, City/Schools Partnerships Committee. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, the appointment of a 2013 Board and Commissions City Council Interview Panel to conduct the May/June 2013 Board/Commission applicant interviews. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed council stating that each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions These applications are received through mid-May. Toward the end of May applications are compiled into appointment timeframes to allow a three councilmember panel time to speak with each applicant. All interviews are held in the council chambers in open session. Staff is requesting the 3 member interview panel be appointed tonight to serve through the 2013 interview process and make recommendations for appointments to the full council during the June 11, 2013 regular council meeting. Ehrlich noted the proposed interview dates are: Monday May 20, 2013, Wednesday May 22, 2013, and Thursday May 23, 2013. She noted they will begin between 5:30 and 6:00 p.m. each night. Mayor Hogue asked council who would be available on the dates listed and would like to serve on the council interview panel. Mayor pro tern Scott noted he would be available and would like to serve on the panel. Councilman Todd Wintters noted his availability as did Councilman Keith Stephens. Minutes March 26, 2013 Wylie City Council Page 6 Councilwoman Culver stated that she was available on the 20th and 22nd but would not be available on the 23rd. Council Action A motion was made by Councilwoman Culver, seconded by Mayor pro tern Scott to appoint Councilman Todd Wintters, Mayor pro tern Scott, and Councilwoman Culver to the 2013 Boards and Commissions Interview Panel with Councilman Stephens being the alternate in the event any of the council members are unable to attend. A vote was taken and the motion passed 7-0. • Presentation - Watters Consulting to do a compensation study for City of Wylie employees Assistant City Manager Butters addressed council stating that the City has entered into an agreement with Waters Consulting Group, Inc. to perform a salary survey for the City of Wylie. Staff has begun work on a job description analysis and sometime in June the firm will be ready to survey other cities. Prior to that portion of the survey, staff and Waters Consulting will need your approval on what cities are appropriate to compare to the City of Wylie. Assistant City Manager Jeff Butters introduced Linda G. Whishard, SPHR, CCP a senior consultant for Waters Consulting Group, Inc. Ms. Whishard reviewed the criteria for choosing the comparison cities for the compensation study. She recommended a list of cities that would be a good cross section of the local area including cities in competition for talent, skills, similar services, size, positions, and proximity to the City of Wylie. She explained this type of comparison would spread a wide net, then screen for comparables. Mayor Hogue asked if the firm looked at the city budget when preparing the survey. Ms. Whishard stated that yes the budget would be looked at but more importantly the group looks at creating a structure that fits within the City's funding needs as stewards of the tax dollar; and fits the needs of employees and the ability to pay for the City. Whishard noted the group will also compare cost of labor to other cities that the City chooses to benchmark with and will adjust that market data based on the differential. This will allow the City to compare apples to apples. Councilwoman Culver requested to see the budgets for the approved list of comparison cities once the data had been collected. 1. Consider and act upon Resolution No. 2013-12(R), a resolution of the City Council of the City of Wylie, Texas, authorizing the City Manager of the City of Wylie, Texas to direct staff and/or consultants contracted by the City for a compensation study, to utilize the selected Cities for the purpose of comparison for a salary survey. (J. Butters, Asst. City Mgr.) Council/Consultant Discussion Councilwoman Culver asked if all cities named in the proposed list presented from Waters Consulting Groups were to be included in the survey. Ms. Whishard replied yes all cities were proposed for the survey however if council chose to take a city off the list, she requested council designate a replacement city. Minutes March 26, 2013 Wylie City Council Page 7 Mayor Hogue requested that three additional cities be added to the survey list to insure council knew where the current salaries fell for informational purposes only. They included City of Dallas, University Park and Highland Park. Mayor Hogue requested the follow cities be listed in the comparisons survey: the City of Greenville, City of The Colony and the City of Carrollton. Mayor Hogue explained in his opinion these cities were more in line with commercial comparisons and were not located off a state highway or toll road. Councilman White asked if turnover was one of the factors used in the survey. Ms. Whishard replied an effective compensation structure provides the opportunity for career progression for employees. Ultimately there is a value for a job in the organization. The city also needs a salary structure that not only attracts good employees but motivates and retains those employees. Council Action A motion was made by Councilman White, seconded by Mayor pro tern Scott to approve Resolution No. 2013-12(R) a resolution of the City Council of the City of Wylie, Texas authorizing the City Manager of the City of Wylie, Texas to direct staff and/or consultants contracted by the City for a compensation study to utilize the Waters Consulting Group proposed list of comparison cities and add the City of Greenville, City of The Colony, and the City of Carrollton to the comparison cities and add the City of Dallas, Highland Park and University Park for informational purposes only. A vote was taken and the motion 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 No.'s 2013-21, 2013-22, and 2013-23 into the official record. Mayor Hogue convened into Executive Session at 8:20 p.m. reading the caption listed below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq.Texas Government Code,to wit: §§Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. • Discussion regarding property generally located near the intersection of McCreary Rd. and McMillen Rd. (R, Corbin, Fire Chief) Minutes March 26, 2013 Wylie City Council Page 8 Mayor Hogue reconvened into Open Session at 8:43 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Jones to approve the real estate exchange agreement between the City of Wylie, Texas and the Cambridge Company, Inc. for the properties described therein and to authorize the City Manager/Mayor to execute such agreement together with any and all proposed documents in order to complete such exchange. A vote was taken and the motion passed 7-0. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Mayor pro tern Scott to adjourn the meeting at 8:46 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes March 26, 2013 Wylie City Council Page 9 (''''';v N. r. Wylie City Council - �_ .T'= AGENDA REPORT t 1887 -Ir.,.8 itso Meeting Date: May 28, 2013 Item Number: B (City Secretary's Use Only) Department: Finance Prepared By: Finance Account Code: Date Prepared: May 20, 2013 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for April 30, 2013. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for April 30, 2013. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT April 30,2013 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 58.33% ACCOUNT DESCRIPTION 2012-2013 2012-2013 2012-2013 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 17,606,880 445,566 15,264,355 86.70% A FRANCHISE FEES 2,421,700 17,177 643,065 26.55% B LICENSES AND PERMITS 442,000 62,177 340,132 76.95% INTERGOVERNMENTAL REV. 697,453 105,696 391,936 56.20% SERVICE FEES 2,805,000 266,125 1,519,302 54.16% C FINES AND FORFEITURES 307,000 25,078 164,822 53.69% INTEREST INCOME 14,000 1,488 9,587 68.48% MISCELLANEOUS INCOME 340,556 14,219 137,266 40.31% OTHER FINANCING SOURCES 1,772,297 0 1,772,297 100.00% REVENUES 26,406,886 937,526 20,242,762 76.66% USE OF FUND BALANCE 896,040 NA NA NA D USE OF ROLLOVER STREET FUNDS 150,000 NA NA NA TOTAL REVENUES 27,452,926 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 89,411 9,117 48,096 53.79% CITY MANAGER 719,429 53,264 408,843 56.83% CITY SECRETARY 257,249 19,418 128,119 49.80% CITY ATTORNEY 128,000 5,519 48,479 37.87% FINANCE 929,738 54,241 535,893 57.64% FACILITIES 539,984 29,882 274,793 50.89% MUNICIPAL COURT 273,791 15,764 134,631 49.17% HUMAN RESOURCES 207,214 15,392 119,438 57.64% PURCHASING 92,242 7,058 49,301 53.45% INFORMATION TECHNOLOGY 893,242 59,436 443,281 49.63% POLICE 6,071,360 428,420 3,546,776 58.42% FIRE 5,959,172 562,447 3,376,911 56.67% EMERGENCY COMMUNICATIONS 1,096,647 75,067 567,068 51.71% ANIMAL CONTROL 350,393 24,889 189,945 54.21% PLANNING 483,794 36,194 260,853 53.92% BUILDING INSPECTION 527,107 40,980 280,537 53.22% CODE ENFORCEMENT 258,624 15,703 117,351 45.38% STREETS 1,717,110 89,640 543,040 31.63% PARKS 1,755,197 118,148 813,003 46.32% RECREATION 0 0 0 0.00% LIBRARY 1,508,640 110,025 789,604 52.34% COMBINED SERVICES 3,672,498 205,514 1,657,655 45.14% TOTAL EXPENDITURES 27,530,842 1,976,118 14,333,617 52.06% REVENUES OVER/(UNDER)EXPENDITURES -77,916 -1,038,592 5,909,145 24.59% A.Property Tax Collections for FY12-13 as of April 30 are 98.00%,in comparison to FY11-12 for the same time period 99.58%. B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Service Fees:Trash fees billed in October are applicable towards FY 2011-12 revenue with the remaining fees coming from other seasonal fees. D.Use of Fund Balance: For Replacement/New Fleet and Equipment. CITY OF WYLIE MONTHLY FINANCIAL REPORT April 30,2013 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 58.33% ACCOUNT DESCRIPTION 2012-2013 2012-2013 2012-2013 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 13,365,000 859,981 5,604,375 41.93% E INTEREST INCOME 10,000 651 6,003 60.03% MISCELLANEOUS INCOME 40,000 3,314 24,591 61.48% OTHER FINANCING SOURCES 0 0 0 0.00% TOTAL REVENUES 13,415,000 863,946 5,634,969 42.00% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 293,038 18,128 153,176 52.27% UTILITIES-WATER 1,599,399 212,036 847,203 52.97% CITY ENGINEER 444,882 40,117 236,319 53.12% UTILITIES-SEWER 908,049 173,104 494,112 54.41% UTILITY BILLING 356,736 6,305 158,142 44.33% COMBINED SERVICES 9,838,927 547,680 6,519,865 66.27% F TOTAL EXPENDITURES 13,441,031 997,370 8,408,817 62.56% REVENUES OVER/(UNDER)EXPENDITURES -26,031 -133,424 -2,773,848 -20.56% E.Most Utility Fund Revenue billed in October are applicable to FY 2011-12. F.Debt payments have caused this to be over the benchmark so this line item will level out throughout the fiscal year. iiAi OF ' w&ll air :' Wylie City Council Wiz, .: ' AGENDA REPORT ,418S7 X0 Meeting Date: May 28, 2013 Item Number: C Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: May 20, 2013 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for April 30, 2013. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for April 30, 2013. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 City Of Wylie 2012-2013 Investment Report April 30, 2013 Money Market Accounts: _ MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $41,516,231.70 MMA 0.1022% Texpool 12/31/2006 NA 2 $15,036,651.72 MMA 0.1038% TexStar 3/15/2011 NA $56,552,883.42 Total Weighted Average Coupon: 0.10% Money Markets: $56,552,883.42 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $56,552,883.42 1 Wylie City Council `'` AGENDA REPORT 8•rssr� Meeting Date: May 28, 2013 Item Number: D Department: WEDC (City Secretary's Use Only) Prepared By: Gerry Harris Account Code: Date Prepared: Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of April 30, 2013. Recommendation Motion to approve the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of April 30, 2013. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on May 17, 2013. Page 1 of 1 5-13-2013 11:34 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: APRIL 30TH, 2013 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 1,556,505.83 1000-10115 CASH - WEDC - INWOOD 0.00 1000-10135 INWOOD BANK - ESCROW 0.00 1000-10180 DEPOSITS 2,000.00 1000-10198 OTHER - MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12810 LEASE PAYMENTS RECEIVABLE 5,818,933.06 1000-12996 LOAN RECEIVABLE 90,899.53 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCTS REC - SAVAGE 180,618.44 1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000-14116 INVENTORY - LAND & BUILDINGS 2,824,298.40 1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00 1000-14310 PREPAID EXPENSES - MISC 0.00 1000-14410 DEFERRED CHARGES 619,554.00 11,092,809.26 TOTAL ASSETS 11,092,809.26 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE ( 208.36) 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20127 EMP. LEGAL SERVICES PAYABLE 0.00 2000-20130 FLEXIBLE SPENDING ACCOUNT 4,199.84 2000-20132 EMP CARE FLITE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY 0.00 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 2,883.58 2000-20210 ACCOUNTS PAYABLE 85,877.61 5-13-2013 11:34 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: APRIL 30TH, 2013 111-WYLIE ECONOMIC DEVEL CORP ACCOUNTS TITLE 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 619,554.00 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 81,701.24 2000-22275 DEFERRED REV - LEASE PRINCIPAL 5,591,841.52 2000-22280 DEFERRED REVENUE - LEASE INT 227,088.34 2000-22915 RENTAL DEPOSITS 2,850.00 TOTAL LIABILITIES 6,615,787.77 EQUITY 3000-34110 FUND BALANCE - RESERVED 441,944.04 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 3,634,651.42 TOTAL BEGINNING EQUITY 4,076,595.46 TOTAL REVENUE 1,579,095.70 TOTAL EXPENSES 1,178,669.67 REVENUE OVER/(UNDER) EXPENSES 400,426.03 TOTAL EQUITY 6 OVER/(UNDER) 4,477,021.49 TOTAL LIABILITIES, EQUITY 6 OVER/(UNDER) 11,092,809.26 5-10-2013 11:40 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: APRIL 30TH, 2013 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-16110 LOAN - WEDC 0.00 1000-18120 LOAN - BIRMINGHAM 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 BIRMINGHAM LOAN 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 9,756.61 2000-20311 COMP ABSENCES PAYABLE-CURRENT 38,727.00 2000-21410 ACCRUED INTEREST PAYABLE 0.00 2000-28205 WEDC LOANS - CURRENT 163,954.49 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 0.00 2000-28234 ANB LOAN - RANDACK/HUGHES 465,090.32 2000-28235 ANB LOAN 200,798.23 2000-28236 ANB CONSTRUCTION LOAN 4,414,358.68 2000-28240 HUGHES LOAN 0.00 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME KUTS LOAN 0.00 2000-28270 BOWLAND/ANDERSON LOAN 0.00 2000-28280 CAPITAL ONE CAZAD LOAN 0.00 TOTAL LIABILITIES 5,292,685.33 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 5,138,700.89) TOTAL BEGINNING EQUITY ( 5,138,700.89) TOTAL REVENUE ( 549,241.14) TOTAL EXPENSES ( 395,256.70) REVENUE OVER/(UNDER) EXPENSES ( 153,984.44) TOTAL EQUITY 6 OVER/(UNDER) ( 5,292,685.33) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 5-10-2013 11:36 AM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: APRIL 30TH, 2013 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,743,989.00 121,593.60 0.00 715,424.70 0.00 1,028,564.30 41.02 INTEREST INCOME 120,462.00 3,354.34 0.00 21,708.51 0.00 92,753.49 23.00 MISCELLANEOUS INCOME 100,800.00 12,789.00 0.00 50,277.45 0.00 50,522.55 49.88 OTHER FINANCING SOURCES 918,657.00 33,992.26 0.00 785,685.04 0.00 132,911.96 85.53 TOTAL REVENUES 2,883,908.00 171,729.20 0.00 1,579,095.70 0.00 1,304,812.30 54.76 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 3,469,942.00 205,131.04 1,194.19 1,178,669.67 2,885.36 2,288,386.95 34.05 TOTAL EXPENDITURES 3,469,942.00 205,131.04 ( 1,194.19) 1,178,669.67 2,885.38 2,288,386.95 34.05 REVENUE OVER/(UNDER) EXPENDITURES ( 586,034.00)( 33,401.841( 1,194.19) 400,426.03 ( 2,885.38) ( 983,574.65) 67.84- 5-10-2013 11:36 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: APRIL 30TH, 2013 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40150 REV IN LEIU OF TAXES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-40210 SALES TAX 1,743,989.00 121,593.60 0.00 715,424.70 _ 0.00 1,028,564.30 41.02 TOTAL TAXES 1,743,989.00 121,593.60 0.00 715,424.70 0.00 1,028,564.30 41.02 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 2,000.00 136.62 0.00 872.55 0.00 1,127.45 43.63 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46150 INTEREST EARNINGS 118,462.00 3,217.72. 0.00 26,835.96 0.00 91,626.04 22.65 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 120,462.00 3,354.34 0.00 27,708.51 0.00 92,753.49 23.00 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 98,400.00 12,650.00 0.00 48,950.00 0.00 49,450.00 49.75 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISCELLANEOUS INCOME 2,400.00 139.00 0.00 1,327.45 0.00 1,072.55 55.31 4000-48430 GAIN/LOSS SALE OF CAP ASSET 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 100,800.00 12,789.00 0.00 50,277.45 0.00 50,522.55 49.88 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 548,935.00 0.00 0.00 548,935.00 0.00 0.00 100.00 4000-49550 LEASE PRINCIPAL. PAYMENTS (0 369,722.00 33,992.26 0.00 236,750.04 0.00 132,971.96 64.03 TOTAL OTHER FINANCING SOURCES 918,657.00 33,992.26 0.00 785,685.04 0.00 132,971.96 85.53 TOTAL REVENUES 2,883,908.00 171,729.20 0.00 1,579,095.70 0.00 1,304,812.30 54.76 5-10-2013 11:36 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: APRIL 30TH, 2013 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET o OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 174,809.00 13,446.86 0.00 94,128.02 0.00 80,680.98 53.85 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 1,253.00 0.00 0.00 1,156.00 0.00 97.00 92.26 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 870.78 0.00 6,095.46 0.00 5,224.54 53.85 5611-51220 PHONE ALLOWANCE 3,924.00 981.00 0.00 3,246.09 0.00 677.91 82.72 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 22,649.00 1,881.34 0.00 13,825.20 0.00 8,823.80 61.04 5611-51410 HOSPITAL & LIFE INSURANCE 31,349.00 1,936.73 0.00 15,448.56 0.00 15,900.44 49.28 5611-51415 EXECUTIVE HEALTH PLAN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51420 LONG-TERM DISABILITY 603.00 76.44 0.00 305.76 0.00 297.24 50.71 5611-51440 FICA 10,991.00 853.46 0.00 4,180.86 0.00 6,810.14 38.04 5611-51450 MEDICARE 2,571.00 199.60 0.00 1,506.15 0.00 1,064.85 58.58 5611-51470 WORKERS COMP PREMIUM 566.00 0.00 0.00 416.36 0.00 149.64 73.56 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 _ 18.00 0.00 18.00 0.00 522.00 3.33 TOTAL PERSONNEL SERVICES 260,575.00 20,264.21 0.00 140,326.46 0.00 120,248.54 53.85 SUPPLIES 5611-52010 OFFICE SUPPLIES 13,750.00 8,894,88 0.00 9,326.96 0.00 4,423.04 67.83 5611-52040 POSTAGE & FREIGHT 980.00 0.00 0.00 35.11 0.00 944.89 3.58 5611-52130 TOOLS/ EQUIP - UNDER $1000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 5,000.00 413.53 0.00 1,791.04 240.00 2,968.96 40.62 5611-52990 OTHER 5,000.00 0.00 0.00 _ 0.00 0.00 5,000.00 0.00 TOTAL SUPPLIES 24,730.00 9,308.41 0.00 11,153.11 240.00 13,336.89 46.07 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 1,098.31 0.00 1,901.69 36.61 5611-54990 OTHER 0.00 0.00 0.00 0.00. 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 1,098.31 0.00 1,901.69 36.61 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,289,347.00 100,075.00 0.00 441,769.76 0.00 847,577.24 34.26 5611-56040 SPECIAL SERVICES 61,720.00 1,630.64 0.00 21,151.01 1,200.00 39,368.99 36.21 5611-56080 ADVERTISING 43,474.00 3,245.00 0.00 16,270.00 0.00 27,204.00 37.42 5611-56090 COMMUNITY DEVELOPMENT 41,750.00 8,925.00 0.00 36,081.49 0.00 5,668,51 86.42 5611-56110 COMMUNICATIONS 4,260.00 298.72 0.00 2,253.57 125.08 1,881.35 55.84 5611-56180 RENTAL 21,600.00 1,694.00 0.00 13,431.98 203.84 7,964.18 63.13 5611-56210 TRAVEL & TRAINING 31,895.00 3,631.19 0.00 8,314.21 1,069.11 22,511.68 29.42 5611-56250 DUES & SUBSCRIPTIONS 9,088.00 330.00 0.00 2,515.00 0.00 6,573.00 27.67 5611-56310 INSURANCE 1,803.00 0.00 0.00 303.00 0.00 1,500.00 16.81 5611-56510 AUDIT & LEGAL SERVICES 22,750.00 440.00 0.00 10,400.96 0.00 12,349.04 45.72 5611-56570 ENGINEERING/ARCHITECTURAL 20,000.00 0.00 0.00 3,150.00 0.00 16,850.00 15.75 5611-56610 UTILITIES-ELECTRIC 3,500.00 152.54 0.00 1,011.30 47.35 2,441.35 30.25 TOTAL CONTRACTUAL SERVICES 1,551,187.00 120,422.09 0.00 556,652.28 2,645.38 991,889.34 36.06 5-10-2013 11:36 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: APRIL 30TH, 2013 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 884,950.00 55,136.33 0.00 560,917.01 0.00 324,032.99 63.38 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP. REPL 884,950.00 55,136.33 0.00 560,917.01 0.00 324,032.99 63.38 CAPITAL OUTLAY 5611-58110 LAND-PURCHASE PRICE 695,000.00 0.00 0.00 395,334.00 0.00 299,666.00 56.88 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58150 LAND-BETTERMENTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 40,000.00 0.00 0.00 0.00 0.00 40,000.00 0.00 5611-58410 SANITARY SEWER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 5611-58830 FURNITURE & FIXTURES 2,500.00 0.00 0.00. 2,472.50 0.00 27.50 98.90 5611-58910 BUILDINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 ( 494,284.00) 0.00 494,284.00 0.00 TOTAL CAPITAL OUTLAY 740,500.00 0.00 0.00 ( 96,477.50) 0.00 836,977.50 13.03- OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 5,000.00 0.00 0.00 5,000.00 0.00 0.00 100.00 5611-59190 TRANSFER TO THORUGHFARE IMP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 5,000.00 0.00 0.00 100.00 TOTAL DEVELOPMENT CORP-WEDC 3,469,942.00 205,131.04 0.00 1,178,669.67 2,885.38 2,288,386.95 34.05 TOTAL EXPENDITURES 3,469,942.00 205,131.04 0.00 1,178,669.67 2,885.38 2,288,386.95 34.05 REVENUE OVER (UNDER) EXPENDITURES ( 586,034.00) ( 33,401.84) 0.00 400,426.03 ( 2,885.38) ( 983,574.65) 67.84- *** END OF REPORT *** Wylie Economic Development Corporation Balance Sheet Sub ledger April 30, 2013 Notes Payable Date of Rate of Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance April 1, 2013 $5,272,343.20 ANBTX MARTINEZ(#30 of 60) 10/28/10 8,200.66 244,722.58 7,582.72 617.94 2.95 237,139.86 ANBTX ACE(#21 of 180) 8/1/11 36,828.67 4,511,982.38 19,737.61 17,091.06 4.55 4,492,244.77 ANBTX HUGHES/RANDACK(#5 OF 60: 10/23/12 10,107.00 515,638.24 8,340.99 1,766.01 3.99 507,297.25 April 30, 2013 35,661.32 $19,475.01 $5,236,681.88 Note: Principal and Interest payments vary by date of payment. The WEDC entered into a$1.4 M note with American National Bank to fund improvements associated with the extension of Woodbridge Parkway. Upon the first draw by the WEDC, the Balance Sheet and the Balance Sheet Sub ledger will be adjusted accordingly. Wylie Economic Development Corporation Inventory Subledger April 30, 2013 Inventory- Land Date of Pur. Address Acreage Improvements Cost Basis Value Sq. Ft. McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 32,005 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Duel Products 9/7/12 704 Cooper Dr. 0.5 n/a 127,452.03 Randack 10/23/12 711-713 Cooper Dr. 1.089 400,000 8,880 400,334.00 Hughes 7/25/06 211 -212 Industrial 0.74 209,801 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 2,800 171,842.02 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77 Premier Plaza-ACE 8/26/05 Martinez Lane 22.44 96,000 -639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 SAF-Holland 12/14/10 Martinez Lane 1.33 n/a -225,514.65 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155.000.00 Total 30.48 976,808 129,755 2,824,298.40 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. *Prime Kuts total purchase price was $306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. *Should lease to term and not execute purchase option, WEDC liable to reimburse ACE for Holland property purchase ($112,500). Wylie Economic Development Corporation AVOIDED TAX SUB LEDGER-Ascend Custom Extrusion April 30, 2013 2012 Amt. Received COW Tax WISD Tax Total Pmt. Date Check No. January 4,257.03 7,766.75 12,023.78 February 4,257.03 7,766.75 12,023.78 March 4,257.03 7,766.75 12,023.78 April 4,257.03 7,766.75 12,023.78 May 4,257.03 7,766.75 12,023.78 June 4,257.03 7,766.75 12,023.78 July 4,257.03 7,766.75 12,023.78 August 4,257.03 7,766.75 12,023.78 September 4,257.03 7,766.75 12,023.78 9/21/2012 WISD-57472 Total 38,313.27 69,900.75 108,214.02 COW-57459 2012-2013 COW TAX COW Tax WISD TAX WISD Tax Total Pmt. Date Check No. October 4,257.03 4,256.23 7,766.75 7,766.75 12,023.78 November 4,257.03 4,257.03 7,766.75 7,766.85 12,023.78 December 4,257.03 4,257.03 7,766.75 7,766.75 12,023.78 Adjusted for New Tax Rate Adjusted for Reduced Leasehold Taxes January 4,257.03 4,257.03 7,766.75 7,766.75 12,023.78 February 4,257.03 4,257.03 7,766.75 7,766.75 12,023.78 March 4,257.03 4,257.03 7,766.75 7,766.75 12,023.78 April 4,257.03 4,257.03 7,766.75 7,766.75 12,023.78 May 4,257.03 4,257.03 7,766.75 7,766.75 12,023.78 *June 4,178.37 4,450.28 8,145.89 8,082.70 12,324.26 July 4,243.92 4,295.68 7,829.94 7,829.94 12,073.86 August 4,243.92 4,295.28 7,829.94 7,829.94 12,073.86 September 4,243.92 4,295.28 7,829.94 7,829.94 12,073.86 October 4,243.92 4,295.28 7,829.94 7,829.94 12,073.86 November 4,243.92 4,295.28 7,829.94 7,829.94 12,073.86 December 4,243.92 4,295.28 7,829.94 7,829.94 12,073.86 Total 50,927.04 51,507.51 93,959.28 93,896.09 144,886.32 *June-June payment is adjusted for overpayment of COW Tax due to lower tax rate and refinance loan. WISD June payment is adjusted for new loan payment amount. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF MAY 2013 MONTH WEDC WEDC WEDC DIFF % DIFF 2011 2012 2013 12 VS 13 12 VS 13 DECEMBER $103,687 $112,676 $148,500 $35,824 31.79% JANUARY 100,999 118,175 117,904 -271 -0.23% FEBRUARY 158,204 171,759 187,682 15,923 9.27% MARCH 104,670 113,571 139,745 26,175 23.05% APRIL 98,463 115,114 121,594 6,480 5.63% MAY 158,379 154,424 192,612 38,188 24.73% J U N E 116,832 119,326 JULY 119,527 125,555 AUGUST 157,310 155,875 SEPTEMBER 123,153 123,863 OCTOBER 118,827 122,650 NOVEMBER 163,346 172,141 Sub-Total $1,523,400 $1,605,130 $908,037 $122,319 15.57% AUDIT ADJ TOTAL $1,523,400 $1,605,130 $908,037 $122,319 15.57% WEDC SALES TAX ANALYSIS $250,000 - - - -- $200,000 $150,000 zo12 :::: - _o > > m Q g 5 23 rn E E a, Ai. OF '` - `' Wylie City Council ' AGENDA REPORT Were or tst�'° Meeting Date: May 28,2013 Item Number: E Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: N/A Date Prepared: April 26,2013 Budgeted Amount: $0 Exhibits: 4 Subject Consider, and act upon, Resolution No. 2013-11-1(R) authorizing the City Manager of The City of Wylie, Texas, to execute an indigent care affiliation agreement between East Texas Medical Center and the City of Wylie. Recommendation Motion to approve, Resolution No. 2013-11-1(R) authorizing the City Manager of The City of Wylie, Texas, to execute an indigent care affiliation agreement between East Texas Medical Center and the City of Wylie. Discussion The City of Wylie entered into an interlocal cooperative purchasing agreement for ambulance services with the cities of St. Paul, Lucas, Lavon, Parker and Collin County. This interlocal agreement established the ad hoc Southeast Collin County E.M.S. Coalition. Currently, EMS service is provided by East Texas Medical Center (ETMC). The ETMC contract and corresponding subsidies are funded in the current budget through account 100-5231-56060. The State of Texas has recently entered into the 1115 Waiver Program instead of the current UPL (upper payment limit) system. The 1115 Waiver Program will help drive down health care inflation by ensuring hospitals are paid for uncompensated care costs for the indigent. In order for companies such as ETMC to break even financially, they must recover the cost of indigent care. This can be done by raising costs to paying customers, or another option is to utilize the government's 1115 Waiver Program. ETMC's costs include the expense of providing uncompensated care to the indigent. That amount affects the amount of the calculated subsidies coalition members pay. The amounts contributed to the 1115 Waiver Pool will be matched and increased by federal dollars, which will enable ETMC to recover uncompensated care costs, and provide more services for the same subsidy dollar contributions. In order to fully accomplish this, ETMC must enter into individual affiliation agreements with members of the coalition. Coalition members who have resolved to participate in the 1115 Waiver Program will no longer pay ETMC subsidy payments directly. Subsidy payments will be paid into the 1115 Waiver Pool through electronic transfer on a quarterly basis. This will include the subsidy dollars for the 2012-2013 fiscal year and the upcoming 2013-2014 contract. The government in turn pays ETMC the amount of the dollars contributed to the Page 1 of 2 Page 2 of 2 1115 Waiver Pool, by coalition members,plus a percentage of the payments paid into the 1115 Waiver Pool. This added percentage helps cover costs not paid by the indigent. ETMC will be recovering some costs from the government with the additional percentage paid to ETMC; therefore, ETMC's costs should be reduced, and calculated subsidy costs should also be lower going forward. The City of Wylie's Resolution 2012-28 (R) was passed and approved on August 14, 2012, corrected on May 14, 2013 under Resolution 2013-11(R), approving participation in the program. RESOLUTION NO. 2013-11-1(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN INDIGENT CARE AFFILIATION AGREEMENT BETWEEN EAST TEXAS MEDICAL CENTER AND THE CITY OF WYLIE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, an Indigent Care Affiliation Agreement between the EAST TEXAS MEDICAL CENTER and the City of WYLIE, Texas. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 28th day of May, 2013. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2013-11-1(R)—Indigent Care Affiliation Agreement between the City of Wylie and the East Texas Medical Center Page 1 of 1 INDIGENT CARE AFFILIATION AGREEMENT BETWEEN CITY OF WYLIE AND EAST TEXAS MEDICAL CENTER This Indigent Care Affiliation Agreement (the Agreement) is entered into as of the day of , 2013 (Effective Date), by and between City of (the "Governmental Entity") and East Texas Medical Center (the "Affiliated Hospital"). RECITALS: WHEREAS, the Hospital and the Governmental Entity collectively provide a significant amount of uncompensated care to the indigent annually in the communities they serve; WHEREAS, reductions in reimbursement under the Medicaid program and the growing uninsured population have created a gap between the costs the Hospital incurs for treating Medicaid patients and the Indigent and the reimbursement the Hospital actually receives; WHEREAS, the Governmental Entity and the Hospital recognize that the Indigent numbers in the Governmental Entity will continue to grow, and that the burden of providing health care to the Indigent will continue to shift to the Hospital, the Governmental Entity, and the local communities in the Governmental Entity; WHEREAS, the Hospital and the Governmental Entity desire to collaborate to ensure that the Indigent have access to and receive quality health care services; and WHEREAS, the Governmental Entity and the Hospital recognize that it is in their mutual best interest and in the best interest of the Indigent population of the Governmental Entity to increase Medicaid funding for the Medicaid population of the Governmental Entity and to access local and federal funding to which the Hospital is entitled under the Section 1115 Demonstration Waiver for the Texas Healthcare Transformation and Quality Improvement Program(the Waiver Program); WHEREAS, the Governmental Entity and Hospital recognize that they need to collaborate to ensure their ability to deliver health services to indigent patients in Governmental Entity's community and to ensure the continued viability of the Governmental Entity's Medicaid providers; WHEREAS, the Governmental Entity and Hospital intend this Agreement to satisfy the legal and administrative requirements for participation in the Medicaid supplemental program authorized under Waiver Program; WHEREAS, there is no agreement between the Governmental Entity and Hospital that conditions any amounts transferred by the Governmental Entity to fund supplemental Medicaid payments on the amount of indigent care Hospital has provided or will provide; WHEREAS, there is no agreement between the Governmental Entity and Hospital that conditions the amount of Hospital's indigent care obligation on the amount transferred by the Governmental Entity to fund supplemental Medicaid payments or on the amount of the supplemental payment Hospital might receive; INDIGENT CARE AFFILIATION AGREEMENT BETWEEN CITY OF WYLIE AND EAST TEXAS MEDICAL CENTER Page 1 of 11 WHEREAS, no escrow, trust, or other funding mechanism exists, the amount of which is conditioned on the amount of indigent care services provided by Hospital, and any escrow, trust, or other funding mechanism used in connection with an intergovernmental transfer by the Governmental Entity has been disclosed to the state and is not used to effect a quid pro quo for the provision of indigent care services by Hospital; WHEREAS, the Governmental Entity has not received and will not receive refunds of payments the Governmental Entity has made or will make to Hospital for any purpose in consideration for an intergovernmental transfer made by the Governmental Entity to fund supplemental Medicaid payments; NOW, THEREFORE, in consideration of the promises and covenants contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged and agreed, the parties agree as follows: ARTICLE I DEFINITIONS 1.1 State Fiscal Year means the twelve month period beginning September 1 and ending August 31. 1.2 Health Care Services means primary and preventive services designed to meet the needs of the community, including, without limitation: immunizations; medical screening services and annual physical examinations; inpatient and outpatient hospital services; rural health clinics; laboratory and x-ray services; family planning services; physician services; payment for prescription drugs; skilled nursing facility services, regardless of a person's age; and services that meet the District's criteria for indigent care provided under Sections 61.028 and 61.0285 of Chapter 61 of the Texas Health and Safety Code. 1.3 Indigent means any person eligible to participate in a state Medicaid program, a county program adopted under the Indigent Health Care and Treatment Act, as defined by the eligibility criteria described in Chapter 61 of the TEXAS HEALTH AND SAFETY CODE, or a hospital charity care program. 1.4 Indigent Care means treatment and services for the indigent, including inpatient and outpatient hospital and medical professional services. 1.5 Waiver Program means the Section 1115 Demonstration Waiver for the Texas Healthcare Transformation and Quality Improvement Program, under which the Governmental Entity transfers Public Funds via intergovernmental transfer (IGT) to the Texas Health and Human Services Commission (HHSC) to generate the non-federal share of Waiver Program Payments, and the Hospital receives Waiver Program Payments from HHSC. 1.6 Waiver Program Payments means any Medicaid payments received by the Hospital in accordance with the Waiver Program. 1.7 Public Funds means public revenue, generated by the Governmental Entity, which the Governmental Entity agrees to transfer in part to HHSC via IGT to serve as the non- federal share of Waiver Program Payments. INDIGENT CARE AFFILIATION AGREEMENT BETWEEN CITY OF WYLIE AND EAST TEXAS MEDICAL CENTER Page 2 of 11 ARTICLE II COMMUNITY INDIGENT HEALTH CARE ASSESSMENT 2.1 Methodology. Hospital shall collaborate with the Service Organization to develop a process that solicits participation from the Governmental Entity, the community, and other sources for assessing overall health care needs of the Governmental Entity and specific unmet needs and needs of the uninsured, medically disadvantaged and the indigent population in the Governmental Entity's service area and identifying options to increase access to health care in the most cost efficient environment. The process shall address at a minimum the following issues: a. The volume and demographic make-up of the Governmental Entity Indigent population; b. Expenses incurred by Hospital and the Governmental Entity in providing care for the indigent and the uninsured; c. Community, state, and federal resources and assets available for the provision of Indigent health care and uninsured; d. Gaps in Indigent Care; e. Barriers to health care access by medically disadvantaged, uninsured and Indigents patients; f. Opportunities for improving access to health care for all patients as well as Indigents through participation in the 1115 Waiver supplemental payment program. 2.2 Assessment. On at least an annual basis prior to the beginning of each state fiscal year or within 90 days of the execution date of this agreement, if later, Hospital shall collaborate with the Service Organization to develop an Indigent Health Care Assessment that identifies existing health care services that Hospital, the Governmental Entity, and others in the community have provided and gaps in available services. ARTICLE III REPRESENTATIONS AND WARRANTIES 3.1 Hospital's Representations and Warranties. The Hospital represents and warrants that: a. The Hospital is a Texas Corporation or partnership duly established and created pursuant to applicable law with all requisite power and authority to enter into this Agreement in all respects; b. The execution, delivery, and performance by the Hospital of this Agreement are within the Hospital's powers, and are not in contravention of any other instruments governing the Hospital and have been duly authorized and approved by the Hospital to the extent required by applicable law; c. Neither the Hospital, nor any of their representatives are (i) currently excluded, debarred, or otherwise ineligible to participate in the Federal health care programs as defined in 42 U.S.C. § 1320a-7b(f) (the Federal health care programs); (ii) convicted of a criminal offense related to the provision of health care items or INDIGENT CARE AFFILIATION AGREEMENT BETWEEN CITY OF WYLIE AND EAST TEXAS MEDICAL CENTER Page 3 of 11 services but not yet excluded, debarred, or otherwise declared ineligible to participate in the Federal health care programs; or (iii) under investigation or otherwise aware of any circumstances which may result in the exclusion of the Hospital, or any of its representatives from participation in Federal health care programs; d. This Agreement has been duly and validly executed and delivered by the Hospital and constitutes the valid, legal, and binding obligation of the Hospital, enforceable against the Hospital in accordance with its terms; e. No funds derived from any Waiver Program Payment received by the Hospital have been or will be returned or reimbursed to the Governmental Entity; f. No other funds have been used to reimburse the Governmental Entity in consideration of any Waiver Program Payments paid to the Hospital; g. The Hospital will not use any of the Waiver Program Payments to fund any contingent fee arrangement or agreement or to pay for third-party consultant or legal services; h. The Hospital has not entered and will not enter into any agreement with the Governmental Entity to condition either the amount of the Public Funds transferred to HHSC via IGT by the Governmental Entity or the amount of Waiver Program Payments the Hospital receives on the amount of indigent care the Hospital has provided or will provide; The Hospital has not entered and will not enter into any agreement with the Governmental Entity to condition the amount of the Hospital's indigent care obligation on either the amount of Public Funds transferred by the Governmental Entity to HHSC or the amount of Waiver Program Payments the Hospital may be eligible to receive; j. Neither the Hospital nor any other entity acting on behalf of the Hospital has made or agreed to make cash or in-kind transfers to the Governmental Entity other than transfers and transactions that: (1) Are unrelated to the administration of the Waiver Program and/or the delivery of indigent care services under this Agreement; (2) Constitute fair market value for goods and/or services rendered or provided by the Governmental Entity to the Hospital; and (3) Represent independent, bona fide transactions negotiated at arms-length and in the ordinary course of business between the Hospital and Governmental Entity; and k. Neither the Hospital nor any other entity acting on behalf of the Hospital has: (1) Taken assignment or agreed to take an assignment of a contractual or statutory obligation of the Governmental Entity; or (2) Authorized or consented to the assumption of a statutory or contractual obligation of the Governmental Entity by the Hospital or any other entity acting on behalf of the Hospital. INDIGENT CARE AFFILIATION AGREEMENT BETWEEN CITY OF WYLIE AND EAST TEXAS MEDICAL CENTER Page 4 of 11 3.2 Governmental Entity Representations and Warranties. The Governmental Entity represents and warrants that: a. It is a political subdivision of the State of Texas, duly established and created pursuant to the Texas Constitution, with all requisite power and authority to enter into this Agreement in all respects; b. The execution, delivery, and performance by the Governmental Entity of this Agreement are within the Governmental Entity's powers, are not in contravention of any other instruments governing the Governmental Entity and have been duly authorized and approved by the Governmental Entity Commissioners Court as and to the extent required by applicable law; c. Neither the Governmental Entity, nor any of its representatives are (i) currently excluded, debarred, or otherwise ineligible to participate in the Federal health care programs; (ii) convicted of a criminal offense related to the provision of health care items or services but not yet excluded, debarred, or otherwise declared ineligible to participate in the Federal health care programs; or (iii) under investigation or otherwise aware of any circumstances which may result in the exclusion of the Governmental Entity, or any of its representatives, from participation in Federal health care programs; d. This Agreement has been duly and validly executed and delivered by the Governmental Entity and constitutes the valid, legal, and binding obligation of the Governmental Entity, enforceable against the Governmental Entity in accordance with its terms; e. The Governmental Entity is legally authorized to and does receive ad valorem taxes, generate public revenue, or receive and expend appropriated public funds and will fund its obligations hereunder with such tax revenues; f. The Governmental Entity has entered into this Agreement after a public meeting held in compliance with the Texas Open Meetings Act in Chapter 551 of the TEXAS GOVERNMENT CODE at which a majority of the Governmental Entity Commissioners Court voted to execute this Agreement; g. The Governmental Entity has transferred or has agreed to transfer Public Funds to HHSC via IGT for use as the non-federal share of Waiver Program Payments to the Hospital in accordance the Waiver Program; h. All transfers of Public Funds by the Governmental Entity to HHSC to support the Waiver Program Payments to the Hospital under the Waiver Program comply with: (1) The applicable regulations that govern provider-related donations codified at section 1903(w) of the Social Security Act (42 U.S.C. § 1396b(w)), and Title 42, CODE OF FEDERAL REGULATIONS, Part 433, subpart B, sections 433.52 and 433.54; (2) The conditions approved by the federal Centers for Medicare and Medicaid Services (CMS) for governmental entities' and private hospitals' participation in the Waiver Program; and INDIGENT CARE AFFILIATION AGREEMENT BETWEEN CITY OF WYLIE AND EAST TEXAS MEDICAL CENTER Page 5 of 11 (3) Such regulations established by HHSC pursuant to the Waiver Program; The Governmental Entity does not and will not at any time receive any part of the Waiver Program Payments that are made by HHSC to the Hospital under the Waiver Program; j. The Governmental Entity has not entered into a contingent fee arrangement related to the Governmental Entity's participation in the Waiver Program; k. The Governmental Entity has not entered and will not enter into any agreement to condition either the amount of the Public Funds transferred by the Governmental Entity or the amount of the Waiver Program Payments the Hospital receive on the amount of indigent care the Hospital has provided or will provide; 1. The Governmental Entity has not entered and will not enter into any agreement to condition the amount of the Hospital's indigent care obligations on either the amount of Public Funds transferred by the Governmental Entity to HHSC or the amount of Waiver Program Payments the Hospital may be eligible to receive; m. With regard to any escrow, trust or other financial mechanism (an Account) utilized in connection with this Agreement or an IGT issued for a payment period that occurs after the Effective Date of this Agreement, the following representations are true and correct: (1) The amount of any Account is not conditioned or contingent on the amount of indigent care services that the Hospital provided or will provide; (2) The Governmental Entity has disclosed the existence of any Account to HHSC; and (3) Any such Account will not be used to affect a quid pro quo for the provision of indigent care services by or on behalf of the Hospital; n. The Governmental Entity has not received and will not receive refunds of payments the Governmental Entity made or makes to the Hospital for any purpose in consideration for an IGT of Public Funds by the Governmental Entity to HHSC to support the Waiver Program Payments; o. The Governmental Entity has not received and will not receive any cash or in- kind transfers from the Hospital or any other entity acting on behalf of the Hospital other than transfers and transactions that: (1) Following the date this Agreement is executed, are unrelated to the administration of the Waiver Program or the delivery of indigent care services under this Agreement; (2) Constitute fair market value for goods or services rendered or provided by the Governmental Entity to the Hospital; and (3) Represent independent, bona fide transactions negotiated at arms-length and in the ordinary course of business between the Hospital and the Governmental Entity; and INDIGENT CARE AFFILIATION AGREEMENT BETWEEN CITY OF WYLIE AND EAST TEXAS MEDICAL CENTER Page 6 of 11 p. The Governmental Entity has not: (1) Assigned or agreed to assign a contractual or statutory obligation of the Governmental Entity to the Hospital or any other entity acting on behalf of the Hospital; or (2) Authorized or consented to the assumption of a statutory or contractual obligation of the Governmental Entity by the Hospital or any other entity acting on behalf of the Hospital. ARTICLE IV OBLIGATIONS OF THE HOSPITAL 4.1 Agreement to Cooperate. The Hospital agrees to work cooperatively with the Governmental Entity to improve access, availability, efficiency, delivery, and funding for Health Care Services provided to the Indigent. 4.2 Provision of Care. The Hospital agrees to provide Health Care Services and meet all requirements for treating the Indigent; provided, however, the Hospital shall not provide Health Care Services for which the Governmental Entity has a continuing contractual or statutory obligation to provide. 4.3 Reports to the Governmental Entity. To enable the Governmental Entity to perform its retrospective evaluation of the Health Care Services under Section 4.2, the Hospital will provide quarterly reports to the Governmental Entity regarding the amounts and types of health care the Hospital has provided to the Indigent. The Hospital shall provide such reports to the Governmental Entity within ninety (90) days after the end of each such period. 4.4 Documentation of Health Care Services Provided. Hospital agrees to provide to the Governmental Entity on a periodic basis, no more frequently than quarterly, documentation of the amounts and types of healthcare services it has directly or indirectly provided in the community. 4.5 Development of Community Indigent Care Assessment. Hospital shall participate in the development the Community Indigent Health Care Assessment and provide any required support for that purpose. 4.6 Support for Increased Medicaid Funding. Hospital agrees to work collaboratively with the Governmental Entity to expand opportunities for Medicaid funding to which the community is entitled. ARTICLE V OBLIGATIONS OF THE GOVERNMENTAL ENTITY 5.1 Agreement to Cooperate with the Hospital. The Governmental Entity agrees to work cooperatively with the Hospital to improve access, availability, efficiency, delivery, and funding for Health Care Services. 5.2 Funding Non-Federal Share of Private Hospital Medicaid UPL. The Governmental Entity agrees that if it chooses to provide funding for the Medicaid 1115 Waiver INDIGENT CARE AFFILIATION AGREEMENT BETWEEN CITY OF WYLIE AND EAST TEXAS MEDICAL CENTER Page 7 of 11 program, any funds it submits to the state for such funding will be from sources permitted by state and federal law and regulations and that the amount funded will not be conditioned on a required amount of indigent care services from Affiliated Hospital. 5.3 Support for Increased Medicaid Funding. The Governmental Entity agrees to work collaboratively with Affiliated Hospital to expand opportunities for Medicaid funding to which the community is entitled. 5.4 Retrospective Evaluation of Services. Consistent with its constitutional, statutory and fiduciary obligations, the Governmental Entity may retrospectively evaluate the amount and impact of the Hospital's delivery of the Health Care Services and may rely on such historical information in determining whether to continue this Agreement with the Hospital, whether the Hospital's participation benefited the community, whether the Hospital's continued participation is likely to continue to benefit the community and/or to provide accountability to taxpayers. ARTICLE VI MISCELLANEOUS 6.1 Term and Termination. The term of this Agreement shall be one (1) year from the Effective Date and shall automatically continue thereafter for additional terms of one (1) year each, unless terminated in accordance with this Section 6.1. Either party may terminate this Agreement with sixty(60) days advance written notice of termination. 6.2 Compliance with HIPAA. To the extent applicable to this Agreement, the Hospital and the Governmental Entity agree to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. Section 1320d, et seq. (HIPAA) and any current and future regulations promulgated thereunder, including, without limitation, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the Federal Privacy Regulations), the federal security standards contained in 45 C.F.R. Parts 160, 162 and 164 (the Federal Security Regulations), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162 (the Federal Electronic Transaction Regulations), all as amended from time to time and, all collectively referred to herein as HIPAA Requirements. The Hospital and the Governmental Entity agree not to use or further disclose any Protected Health Information (as defined in the Federal Privacy Regulations) or EPHI (as defined in the Federal Security Regulations), other than as permitted by the HIPAA Requirements and the terms of this Agreement. In addition, the Hospital and the Governmental Entity agree to comply with any state laws and regulations that govern or pertain to the confidentiality, privacy, security of, and electronic transactions pertaining to, health care information. 6.3 Admission of New Affiliated Hospitals. Upon the prior written consent of Hospital, the Governmental Entity may amend this Agreement to add one or more Hospitals. A copy of any such amendment shall be provided to each party to this Agreement. 6.4 Withdrawal. Any party may terminate its participation in this Agreement by providing sixty (60) days prior written notice to the other parties. So long as the Governmental Entity does not elect to withdraw from this Agreement, its provisions shall continue for INDIGENT CARE AFFILIATION AGREEMENT BETWEEN CITY OF WYLIE AND EAST TEXAS MEDICAL CENTER Page 8 of 11 any remaining Hospital upon termination by a Hospital. In the event the Governmental Entity elects to withdraw from this Agreement, the Agreement terminates immediately. 6.5 Change in Law. If any provision of this Agreement or the plan to deliver health care services pursuant to this Agreement is determined by the federal or state government or by a court of law to be in violation of a federal or state law or regulation, or there is a change in any state or federal law or regulation that adversely affects this Agreement, then any party may propose by written notice a new basis for continuation of the Agreement. If notice proposing a new basis for continuation of the Agreement is given and the parties are unable to agree within thirty (30) days on a new basis for continuation of the Agreement, any party may withdraw from the Agreement immediately upon providing prior written notice to the other parties. 6.6 Access to Records. As and to the extent required by law, upon the written request of the Secretary of Health and Human Services, the Comptroller General or any of their duly authorized representatives, the Hospital or the Governmental Entity shall make available those contracts, books, documents and records necessary to verify the nature and extent of the costs of providing services under this Agreement. Such inspection shall be available for up to four (4) years after the rendering of such services. If the Hospital or the Governmental Entity carries out any of the duties of this Agreement through a subcontract with a value of$10,000.00 or more over a twelve (12) month period with a related individual or organization, the Hospital or the Governmental Entity agrees to include this requirement in any such subcontract. This Section is included pursuant to and is governed by the requirements of 42 U.S.C. § 1395x(v)(1) and the regulations thereto. 6.7 Notices. All notices required or permitted hereunder shall be in writing and shall be sufficiently given and deemed to have been received upon personal delivery, by overnight carrier, or by United States mail, postage prepaid, registered or certified mail, addressed to the parties as follows: If to Governmental Entity: City of Wylie Attention: Mayor Hogue 300 Country Club Road Wylie, TX 75098 If to Hospital: East Texas Medical Center Attention: Byron Hale. 1000 South Beckham Tyler, TX 75701 INDIGENT CARE AFFILIATION AGREEMENT BETWEEN CITY OF WYLIE AND EAST TEXAS MEDICAL CENTER Page 9 of 11 With copies to: Davis & Wright, P.C. Attention: Fletcher Brown P.O. Box 2283 Austin, Texas 78768-2283 Discovery Healthcare Consulting Group Attention: J. Brandon Durbin 2950 50th Street Lubbock, Texas 79413 6.8 Relationship between the Parties. The relationship between the Governmental Entity and the Hospital is solely a contractual relationship between independent contractors. Neither party hereto is an agent or employee of the other party. 6.9 Governing Law. This Agreement shall be governed by the laws of the State of Texas. 6.10 Venue. Venue for any action involving the Governmental Entity arising out of this Agreement shall exclusively lie in State District Court in Fannin County, Texas. 6.11 Assignment. No party may assign any right, obligation, or responsibility under this Agreement. 6.12 No Third Party Beneficiary. The parties to this Agreement do not intend to establish any third party beneficiary relationships by virtue of this Agreement. 6.13 Entire Agreement. This Agreement represents the entire agreement and understanding of the Parties hereto with respect to the subject matter hereof, and all prior and concurrent agreements, understandings, representations and warranties with respect to such subject matter, whether written or oral, are and have been merged herein and superseded hereby. 6.14 Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement, binding on all of the parties hereto. A facsimile copy or scanned image of an executed, original counterpart shall be deemed for all purposes to be, and may be relied upon as, an original, in which case each party shall immediately provide fully executed originals to the others. (Signature Page to follow) INDIGENT CARE AFFILIATION AGREEMENT BETWEEN CITY OF WYLIE AND EAST TEXAS MEDICAL CENTER Page 10 of 11 IN WITNESS WHEREOF, the parties have executed this Indigent Care Affiliation Agreement as of the date and year set forth above. GOVERNMENTAL ENTITY City of Wylie Name: Eric Hogue Title: Mayor IN WITNESS WHEREOF,the parties have executed this Indigent Care Affiliation Agreement as of the date and year set forth above. AFFILIATED HOSPITAL East Texas Medical Center Byron Hale Senior Vice President/CFO INDIGENT CARE AFFILIATION AGREEMENT BETWEEN CITY OF WYLIE AND EAST TEXAS MEDICAL CENTER Page 11 of 11 RESOLUTION NO. 2012-28 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS, THE CITY OF ALLEN, TEXAS, THE CITY OF WYLIE, TEXAS, THE CITY OF MURPHY, TEXAS AND ALCATEL-LUCENT USA, INC. FOR THE PURCHASE OF PRODUCTS AND SERVICES RELATED TO A MICROWAVE RADIO SYSTEM FOR A JOINT RADIO COMMUNICATIONS SYSTEM. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: WHEREAS on December 12, 2011, the Centers for Medicare and Medicaid Services approved the Texas request for a new Medicaid demonstration waiver entitled "Texas Healthcare Transformation and Quality Improvement Program" in accordance with section 1115 of the Social Security Act. Known as the 1115 Waiver, this new program was approved through September 30, 2016. WHEREAS, this program replaces the Medicaid Upper Payment Limit (UPL) supplemental payment program with two new supplemental payment programs called the Delivery System Reform Incentive Payment (DSRIP) program and the Uncompensated Care (DC) program. WHEREAS, The City of Wylie, Texas desires to be able to consider making an intergovernmental transfer (IGT) of funds to the Texas Health and Human Services Commission for either DSRIP or UC participation purposes with one or more performing providers who have met the qualifications established by the 1115 Waiver, during the period October 1,2012 to September 30,2016. BE IT RESOLVED that The City of Wylie, may provide IGT's under the terms of the 1115 Waiver during the period October 1,2012 to September 30, 2016 for DSRIP or DC purposes for the performing providers and DSRIP projects listed below. Resolution No.2012-28(R) Alcatel-Lucent USA Agreement East Texas Medical Center Athens "" East Texas Medical Center Carthage East Texas Medical Center Clarksville East Texas Medical Center Crockett East Texas Medical Center Fairfield East Texas Medical Center Gilmer East Texas Medical Center Henderson East Texas Medical Center Jacksonville East Texas Medical Center Mt. Vernon East Texas Medical Center Pittsburg East Texas Medical Center Quitman East Texas Medical Center Trinity East Texas Medical Center Tyler DSR1P projects: 1. Expand primary care access(physician recruitment). 2. Expand primary care access(extend clinic operating hours). 3. Reduce inappropriate emergency department use (develop & implement triage protocol). 4. Reduce readmissions (provide post discharge support for congestive heart failure patients). DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on this the 14th day of August, 2012. e Eric Hogue, or ATTEST TO: _.. i.. file-4' i‘ee_. -, ,8.1_,44.:r fiLO.(?!..11,1rk_ et:e.-4,‘\ \ Carole Ehrlich, t Secreta C - "3 ' F 1 Ar • s► .a suwy� ,'. •1887• Resolution No.2012-28(R) Alcatel-Lucent USA Agreement RESOLUTION NO. 2013-11M A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, REPEALING RESOLUTION NO. 2012-28 DUE TO CLERICAL ERROR; APPROVING WORK WITH ETMC AND THE SOUTHEAST COLLIN COUNTY EMERGENCY MEDICAL SERVICES COALITION TO APPLY FOR GRANT FUNDING THROUGH THE TEXAS HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM IN ACCORDANCE WITH SECTION 1115 OF THE SOCIAL SECURITY ACT, KNOWN AS THE 1115 WAIVER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") previously adopted Resolution No. 2012-28 to approve grant funding through the Texas Healthcare Transformation and Quality Improvement Program; and WHEREAS, it has come to the attention of the City of Wylie, Texas ("City") that a clerical error occurred in the caption to Resolution No. 2012-28; and WHEREAS, the City desires to repeal Resolution No. 2012-28, based upon the clerical error, and adopt a resolution to correct the clerical error and adopt the recitals and substance of Resolution No. 2012-28; and WHEREAS on December 12, 2011, the Centers for Medicare and Medicaid Services approved the Texas request for a new Medicaid demonstration waiver entitled "Texas Healthcare Transformation and Quality Improvement Program" in accordance with section 1115 of the Social Security Act, known as the 1115 Waiver, this new program was approved through September 30, 2016; and WHEREAS, this program replaces the Medicaid Upper Payment Limit (UPL) supplemental payment program with two new supplemental payment programs called the Delivery System Reform Incentive Payment (DSR1P) program and the Uncompensated Care (DC) program; and WHEREAS, the City desires to be able to consider making an Resolution No.2013-11(R)ETMC&The Southeast Collin County Emergency Medical Services Coalition Grant Funding- 1115 Waiver Page 1 of 3 intergovernmental transfer (IGT) of funds to the Texas Health and Human Services Commission for either DSRIP or UC participation purposes with one or more performing providers who have met the qualifications established by the 1115 Waiver, during the period October 1, 2012 to September 30, 2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. Section 2. That the City may provide IGT's under the terms of the 1115 Waiver during the period October 1,2012 to September 30, 2016 for DSRIP or DC purposes for the performing providers and DSR1P projects listed below: East Texas Medical Center Athens East Texas Medical Center Carthage East Texas Medical Center Clarksville East Texas Medical Center Crockett East Texas Medical Center Fairfield East Texas Medical Center Gilmer East Texas Medical Center Henderson East Texas Medical Center Jacksonville East Texas Medical Center Mt. Vernon East Texas Medical Center Pittsburg East Texas Medical Center Quitman East Texas Medical Center Trinity East Texas Medical Center Tyler DSR1P projects: 1. Expand primary care access (physician recruitment). 2. Expand primary care access (extend clinic operating hours). 3. Reduce inappropriate emergency department use (develop & implement triage protocol). 4. Reduce readmissions (provide post discharge support for congestive heart failure patients). Section 3. That this resolution shall become effective from and after its passage. Resolution No.2013-XX(R)ETMC&The Southeast Collin County Emergency Medical Services Coalition Grant Funding- 1115 Waiver Page 2 of 3 DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on this the 14th day of May, 2013. Eric Hogue, Mayo ATTEST TO: OF �yl Nro:410-07- 16'v- Caro e Ehrlich, 'ty ecretary �� L--- 1111111P-0 COLONADNAtuvO 018870 °terE oil T�!,/ Resolution No.2013-XX(R)ETMC&The Southeast Collin County Emergency Medical Services Coalition Grant Funding- 1115 Waiver Page 3 of 3 Texas Health Care Transformation and Quality Improvement Program 1115 Waiver Background The 2011 Texas Legislature directed HHSC to expand managed care to achieve savings and to preserve hospital access to funding consistent with upper payment limit(UPL) funding. The best approach to meet legislative mandates and to preserve binding, expand managed care, achieve savings, and improve quality is to negotiate a five-year 1115 waiver that will begin September 1, 2011. Waiver Summary The 1115 waiver provides flexibility for Texas to expand risk-based managed care statewide and preserve UPL funding. • Waiver Goals o Expand risk-based managed care statewide. o Support the development and maintenance of a coordinated care delivery system. o Improve outcomes while containing cost growth. o Protect and leverage financing to improve and prepare the health care infrastructure to increase access to services. o Transition to quality based payment systems in managed care and in hospital payments. o Provide a mechanism for investments in delivery system reform including improved coordination in the current indigent care system in advance of health care reform. • This waiver incorporates current managed care programs and provides authority for managed care expansions in September 2011 and March 2012. • Texas is requesting the authority to create a funding pool under the demonstration that will protect UPL funding by including trended historic UPL funds and additional new fluids (such as managed care savings)into a waiver pool. That pool would be distributed to hospitals through two sub-pools: o An uncompensated care sub-pool that pays hospitals based on uncompensated care costs reimbursable today and additional uncompensated care costs not being reimbursed today, such as costs for clinics and pharmacies. Payments will be based on costs, not charges. o A Delivery System Reform Incentive Papnent Pool that will make payments for system improvements identified in Regional Healthcare Partnerships delivery system reform and improvement plans. These plans will be led by public hospitals that provide the state share of waiver pool funds. Plans will identity approaches. baseline data, and timelines for transforming and improving indigent and Medicaid health care systems to improve clients experience, increase quality, and better manage costs in Medicaid and indigent programs. • To provide system stability during the first year. Texas would have a one year phased implementation. Benefits to Texas 1 • Protects current Texas UPL funds, and the waiver as submitted makes available additional hording for system investment over five years. Final additional funds are contingent upon negotiation. o UPL funding is highlighted as a potential federal budget target for reductions or elimination. o The waiver will transform UPL funds into waiver funds. The waiver is locked into a five-year term during which funding levels would be protected. o Allows for legislatively directed managed care expansion while protecting vital hospital UPL funds. o Local and state funds would continue to provide the state match for the program. • Places decisions regarding health care delivery system improvements in the hands of local hospitals and hospital districts,rather than a top-down. one-size-fits-all approach. o New funding for investments in health care transformation will be paid to hospitals for regional health care service delivery improvements. o Public entities that contribute intergovernmental transfers(IGTs)will lead Regional Healthcare Partnerships. Through the partnerships. public and private hospitals, with other local stakeholders, will create coordinated health care delivery plans, using waiver funding for system transformation. o Plan development, system improvement metrics and reporting will serve as the basis for accountable, effective investments in health care and related waiver payments. • Helps to drive down health care inflation by ensuring hospitals are paid based on actual uncompensated care costs, not charges. The current payments for charges drive health care inflation as those hospitals paid UPL based on charges increase charges to all payors. including Medicaid. Medicare and commercial plans. • Achieves accountability and transparency for billions of dollars in Texas UPL funding. Under the waiver, payments must be based on services and contributions provided, either uncompensated care or contributions to regional health care improvements that will better manage indigent and Medicaid cost trends and improve the delivery system. Ai. OF '` - `' Wylie City Council ' AGENDA REPORT Were or tst�'° Meeting Date: May 28,2013 Item Number: F Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Revenue/ 100-4000-43530 Date Prepared: April 23,2013 Budgeted Amount: $103,943.63 Exhibits: 3 Subject Consider, and act upon, Resolution No. 2013-12-1(R) authorizing the City Manager of the City of Wylie, Texas, to execute an interlocal agreement by and between the Town of St. Paul and the City of Wylie for Fire Protection Services.. Recommendation Motion to approve Resolution No. 2013-12-1(R) authorizing the City Manager of the City of Wylie, Texas, to execute an interlocal agreement by and between the Town of St. Paul and the City of Wylie for Fire Protection Services. Discussion The City of Wylie and the Town of St. Paul have had an Interlocal Agreement for Fire Protection Services since January 26, 1993. The current Interlocal Agreement between the City of Wylie and the Town of St. Paul for Fire Protection Services was entered into on October 1, 2008, and had a one year initial term, with automatic renewals for a term not to exceed five years. This agreement expires September 30, 2013. The City of Wylie and the Town of St. Paul will begin the process of negotiating a long term contract. The purpose of the negotiation will be to include the Town of St. Paul when considering fire responses, locating future sites for new fire stations, and other related topics. In order to accomplish this goal, a short term contract has been formulated to bridge the gap during negotiations. The attached Interlocal Agreement for Fire Protection Services between the City of Wylie and the Town of St. Paul is a one year contract, which may not automatically renew, and expires on September 30, 2014. Compensation payable to the City of Wylie, in Exhibit A, changes annually by determining the City of Wylie's current cost for fire service, and are defined in a mutually agreed upon calculation. Page 1 of 1 RESOLUTION NO. 2013-12-1(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN THE TOWN OF ST. PAUL AND THE CITY OF WYLIE FOR FIRE PROTECTION SERVICES. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an Interlocal Agreement by and between the Town of St. Paul and the City of Wylie, Texas for Fire Protection Services, SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 28th day of May, 2013. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2013-12-1(R)—Interlocal Agreement for Fire Protection Services City of Wylie and the Town of St.Paul Page 1 of 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND THE TOWN OF ST. PAUL FOR FIRE PROTECTION SERVICES This Interlocal Agreement for Fire Protection Services, effective as of the 1st day of October 2013 ( the "Effective Date"), by and between the City of Wylie, Collin County, Texas ("Wylie"), a Texas municipal corporation, acting herein by and through its Mayor as authorized by resolution of the Wylie City Council, and the Town of St. Paul, Collin County, Texas ("St. Paul"), a Type A General law city, acting herein by and through its Mayor as authorized by resolution of the St. Paul Town Council. WHEREAS, the City of Wylie Fire-Rescue ("W.F.R.") currently provides fire protection service within the corporate limits of St. Paul pursuant to a previous agreement the Interlocal Agreement Between City of Wylie and Town of St. Paul for Fire Protection Services entered into on October 1, 2008; and WHEREAS, St. Paul has expressed its desire for Wylie to continue providing such fire protection service to St. Paul and its citizens; and WHEREAS, Wylie and St. Paul mutually desire to be subject to and contract pursuant to the provision of the Government Code, Chapter 791, the Interlocal Cooperation Act. NOW THEREFORE, in consideration of the following mutual promises and covenants, Wylie and St. Paul do hereby agree to the following: I. TERM The term of this Agreement begins October 1, 2013 and ends September 30, 2014 (the "Initial Term"). Upon the completion of the Initial Term, beginning October 1, 2013, this Agreement shall not automatically renew, however, it may be terminated by either party in accordance with Section V., Termination,below. II. SCOPE OF SERVICES Wylie agrees to be the primary provider of twenty-four (24) hour fire protection service to the corporate limits and extra-territorial jurisdiction of St. Paul including, but not limited to, grass fires, structure fires, motor vehicle accidents, false alarms, and first response emergency medical and rescue services. Wylie agrees that the fire protection service provided to St. Paul by the Wylie Fire Rescue ("W.F.R.") will meet or exceed all equipment and service standards established by the Texas Commission on Fire Protection pursuant to its authority under Chapter 419, Texas Government Code. ILA Wylie and St.Paul(Fire Protection Services) Page 1 of 6 III. PERFORMANCE OF SERVICES Fire protection service by Wylie shall not be arbitrarily withheld, but it is understood by the parties hereto that unforeseen irregular circumstances may arise which prevent Wylie from providing service at a particular time. Wylie shall restore such service with all reasonable speed to the same level which existed prior to such unforeseen irregular circumstances arising, if such should arise. Wylie agrees that it will not unreasonably withhold fire protection service, personnel, or equipment for the exclusive use of any person, group or city, and further agrees that if it is unable to provide fire protection service to St. Paul at any particular time, Wylie will use its best efforts to contact and secure fire protection service for St. Paul from an alternate or auxiliary fire protection service provider. Pursuant to this Agreement, Wylie may charge fees to any citizen of St. Paul using such fire protection services as may be provided for by ordinance of Wylie. Wylie agrees that the W.F.R. will provide St. Paul with copies of Texas Fire Incident Report system ("TXFIR") reports on all fires within St. Paul quarterly or as requested within reason by St. Paul. St. Paul shall be solely responsible for providing the W.F.R. with a current town map ("Town Map"), and updating the Town Map as necessary to reflect new residents or the addition of new territory into St. Paul. IV. COMPENSATION Until such time as this Agreement is terminated or modified by the parties in accordance with Paragraphs 12 or 13 below, St. Paul agrees to pay Wylie annually for providing fire protection service to St. Paul (the "Annual Fee"), which Wylie agrees is a reasonable fee for such fire protection service, according to Exhibit"A". St. Paul will be billed for the previous calendar year's call volume, and the Annual Fee will be based on the previous year's personnel responses. Personnel response costs will adjust annually as Wylie's operating budget increases or decreases. Therefore, these personnel response fees will be adjusted annually and distributed as a new Exhibit to this contract each year. Exhibit "A" is attached and reflects 2012 call volume and costs. a) During the Initial Term of this Agreement, the Annual Fee will be paid in four equal installments on or about the first (1st) day of October, January, April, and July. ILA Wylie and St.Paul(Fire Protection Services) Page 2 of 6 V. TERMINATION Either party may terminate this Agreement for any reason, with or without cause, by providing sixty (60) days written notice to St. Paul. In the event of such termination by either party, Wylie shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses due and as authorized by this Agreement. In the event of such termination, should Wylie be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated reimbursable expenses as authorized by this Agreement, St. Paul shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. VI. IMMUNITY/INDEMNITY It is expressly understood and agreed that, in the execution of this Agreement, neither Wylie nor St. Paul waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of their respective governmental powers and functions. It is understood and agreed by the parties hereto that if, for reasons stated in Section III above, Wylie does not furnish personnel and/or equipment for fire protection service outside of its corporate limits, although notified of the need for such service, that Wylie shall not be liable in damages or otherwise for the failure to furnish same provided Wylie used its best efforts to contact and secure fire protection service for St. Paul from an alternate or auxiliary fire protection service provider, and St. Paul enters into this Agreement with this understanding. St. Paul agrees that the acts of any person or persons dispatched by Wylie in response to a fire protection call, traveling to or from said calls, or in any manner furnishing fire protection service to St. Paul, outside the city limits of Wylie, shall be considered as the acts of agents of St. Paul in all respects, notwithstanding such person or persons may be regular employees, firemen or independent contractors of Wylie. St. Paul, to the extent allowed by law, shall defend, exempt, indemnify and hold harmless Wylie, its officers, agents, servants, representatives and/or employees of and from any and all claims, suits, actions, legal proceedings, demands, damages or judgments, including all expenses, attorney fees, witness fees, costs, and costs and expenses of appeals therefrom, arising out of the performance of this Agreement, including, but not limited to, the intentional or negligent acts and/or omissions of St. Paul, its officers, agents, servants, representatives and/or employees. This paragraph shall survive termination of this Agreement. ILA Wylie and St.Paul(Fire Protection Services) Page 3 of 6 VI. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between Wylie and St. Paul and supersedes all prior negotiations, representations and/or Agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Wylie and St. Paul. VII. GOVERNING LAW This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or matter arising under this Agreement shall be in Collin County, Texas. XI. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. X. ADDITIONAL AGREEMENTS Wylie is not prohibited by this Agreement from entering into similar agreements with other governmental entities or political subdivisions. XI. AMENDMENTS/MODIFICATIONS This Agreement may be amended or modified by the mutual agreement of both parties in writing, to be attached to and incorporated herein as a part of this Agreement. XII. EXECUTION This Agreement may be executed in multiple originals. ILA Wylie and St.Paul(Fire Protection Services) Page 4 of 6 City of Wylie, Texas Mindy Manson, City Manager Date Town of St. Paul, Texas Opie Walter, Mayor Date STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the CITY OF WYLIE, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of May, 2013. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the ST. PAUL, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. ILA Wylie and St.Paul(Fire Protection Services) Page 5 of 6 Interlocal Agreement between the City of Wylie and the Town of St. Paul for Fire Protection Services 2013-2014 Fiscal Year St. Paul First Responder Fees Exhibit A Twelve Structure Person First Four Person Quarterly 2012-2013 2012 Fire Response Responders Response Billing Fees vs. 2013- Responses 1 $5,799.43 55 $98,144.20 2014 Fee Difference Sub-totals: $5,799.43 $98,144.20 Total 2013-14: $ 103,943.63 $25,985.91 $22,767.71 EST.1909 pi X - c cvNss Created May 17, 2013 Ili `t`L OF ke ftp g= • ® Wylie City Council AGENDA REPORT "rE op S'E0 Meeting Date: May 28,2013 Item Number: G (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: May 9, 2013 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, approval of a Preliminary Plat for Alanis Crossing Phase I consisting of 29.292 acres for 52 single family residential lots and 1 open space lot dedicated for drainage purposes, generally located west of F.M. 544, south of Alanis Drive. Recommendation Motion to approve a Preliminary Plat for Alanis Crossing Phase I consisting of 29.292 acres for 52 single family residential lots and 1 open space lot dedicated for drainage purposes, generally located west of F.M. 544, south of Alanis Drive. Discussion APPLICANT: Corwin Engineering The property totals 29.292 acres and will create fifty-two (52) single-family residential lots and one (1) open space lot for open space/drainage purposes. The subject property is part of the overall 61.28 acres of the Alanis Crossing development approved in August 2006 as a Planned Development District. The plat shall also dedicate necessary rights-of-way,utility easements and drainage easements. The Preliminary Plat complies with the approved Concept Plan which was approved with the PD. The Landscape Plan is included for reference only and has been approved by the Planning Department in accordance with requirements of the PD Conditions. 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IN . ,: • : . • / ..„./ N >411 N . , sts. • . „, : / ,. // /eir -.., .-E-•""A. .'-. '.. . ,,o• •.: •.,: ‘ Al...ANIS DRIVE Ull) 1:1) I • I , • ,,, ' I 1 N-.' • I. / -NN ‘ ' N i ‘, \ , „N • i:.•li•:: \ • i'-.'i ... • • 1 // .• ‘ ''.. :...•" \ • •. • 'N':::::::• • : NL %i.:::i \‘‘., .r. / • •. • „-'11.- .%..,,........ :. L. N • 30' LANDSCAPE BUFFER N/ SHADE TREES AT 50'-O" O.G. I s N ,E e N ,• I ‘'' N „ s.\ %1/4.% , . i N. ! \ . s les; //// • 'E'S4,-: •/ , L E.... • AND 5' MEADERING SIDENIALK N1/ 5' I-1E16HT LANDSCAPE BERM STREET TREES REQUIRED ( IAEA L.F. / 50 = 31.3) SS TREES ....... .: ... „, ‘,/,:.i:,,.,,‘, •, , .L.... . Cl) • 1 . ,. , N , •, , , 4 .., „:"..:!:.:.„ _....._ ..„ x— cu ,, ‘ i , ,:.::: ,s, N •• / / 4C • STREET TREES PROVIDED 38 TREES 1m I ! A , I , ._.1.___L_.________,____ i ., ,,,, • I 1 ..., , . . „ . N „ . , . / „, ' 40„...§. N • 1 I , , :, I I I I .: / /1.4/ 20' LANDSCAPE BUFFER - AL.ANIS DRIVE ,, „..., ,..., L.. , ., 1 0 s e e ,i:•'•!' , „ , • •: \ „NE:. / / -EL: es ,cic--- E • • • , L.- ... ‘ (D N\ N • . , N ::\ • L:. „ /// / •• 20' LANDSCAPE BUFFER 1N/3:I BERN AND CANOPY TREES AT 501-0" O.G. (11/ • , . ••... .f '...‘, ,:. de CO I / ‘ CO - l; N/ N .-• • : ''N• ! 1:•'. //•:/•:, • % •• L. 't\\:.'. • -..-----......,;:8 % • BUFFER TREES REQUIRED ( 620 L.F. / 50 = 12.4) 13 TREES I . I I „,,,, , ix .,, „ N. :::-„,:. „ / • ,- ::,;:;!:• „, ‘ SUFFER TREES PROVIDED 13 TREES CO a) I s e „ • - ,,, .::: ‘ \'8, • , - &•%1‘01/k • • 1— I ..---.-------..----.- .- e e 1.' 15 ,.. • ‘,„ ..„. I, .••• , ; .::. \,, 2 -- Ns% \/ , ,. . 0 2 X 20' LANDSCAPE BUFFER -C .— I • I t—I I N Nr. ‘`• • ..• ••• • I ....• • 1 e e • , „ , • 20' LANDSCAPE BUFFER NV EVER6REEN TREES AT 30'-0" O.G. 1 : I e I / ' „ ,„ N\ „ , , .. . . . , .// .... / ,/ -' , 1 •1 / . la , , . ---/ i' • BUFFER TREES REQUIRED ( 354 L.F. / 30 = 11.8) 12 TREES 41) s • L, ‘ C/111) 11 s e e • ... .. • . ., , LNI.‘N\.. .......!:E:i':i!::i.:EL......----.--..--... ., "!:El'I.!...,. ‘':•,% . I I .0 : I / ' „ \ • \ \‘,N .'::. • / ..••• • / • ..• e, ' / BUFFER TREES PROVIDED 12 TREES .: 1 • , ..: • • 111:, 1. I , i i • . , ... , , : • ,. ,, , 4 "•,• '. '.. , ' •• % . / CD \ . .,,‘,,,........ ,,,, ‘,. ,.., .,. _ %,... e 1 1 e ,! 1H_ / .••-: ..'EA ‘ ,. N „, : . , kv.„,, . . s s • . • :,• E./ NN . '• • . • / iL ‘• • N, -L. E•• E, - NOTES. I. I . , , W I I ,.::: . ..„. , ... la x /• e e i 1 s • ::!•;.::.!ii: of ';''': 14 ,' /, „,,, N • , _x..__ ..._ • .' THE SITE WILL BE IRRIGATED INITH A BELOW GROUND AUTOMATIC IRRIGATION SYSTEM I ,:: M e . •,;•,-,• • • : N, ‘ N., ‘ ••••• •, - ••••-••..„._ / ':!:,:. Eel I .E. '/ • : • • , •S% ., .,, -----•-•-•••/••••-•.--: , •ii N• ctb - ---•_::Ei. L'E-. % / ./ N. \k. ..-. -•_:. 'E:---... INIT1-I FREEZE SENSOR, THAT IS CAPABLE OF PROVIDING' THE PROPER AMOUNT OF WATER CO -.' 2 FOR THE PARTICULAR TYPE OF PLANT MATERIAL USED. • N. • , ... , • I s -' e :' / N. • . • , N -' ..........._..... .LL'•-•.. '•. ..- -• % s .,E • „N >%% , NN A 1—s : •' I t—i :: I" / :! / ..-, N-„ N „ , Nfil% - -.. . .:-:' ,, THE PROPERTY OWNER 15 RESPONSIBLE FOR REGULAR NEEDING MOWING IRRIGATION CO (1) i WI I : • / ! •,, ‘ N. . „ ., 'at, • • , , , , • • • • . , • %\/ N, / •'-i'''-"iE:'-- Ns . kitt‘ %, FERTILIZING, PRUNING, AND OTHER MAINTENANCE OF ALL PLANTINGS. THE REQUIRED I ' i' 3 / .: • , , / N-, „ I e ,:• e L.:. . _r‘, „N • ,:••• N,, . 1..N.tekNDSCAPING MUST BE MAINTAINED IN A HEALTHY GROWING CONDITION AT ALL TIMES. e e:,' e ,E , • / : • . ..,Ei•:•• „ „.:„•:,• • Cn I s,,' i ; ! • • , / - :•';EE•: / NN ‘• V ..- \ • ,. • .... ; • N\ ' Sisitio.. ' .. .':. ft...1%... e 12/ 1 I-• / ,. • „ ic/< (\ \ , .••••• -, „, , / 3 •-•/ .. . .. e :,'s si • N. • .,%• • \ • ,-• ......... I EE.I ‘'‘i • „, 4 'Ns-A, ....„... / :>‘:, • • - $11\44; .--:: ''' '''--,_.,_...... ---„, .,: .;, •••:,....--.• ,. ..._. 01) • . • ..,A a I I .-: \ \ N • ./. ........... e .:•!•• .,• s :Es E • ,• I. :. 1:414%:s ••„„„,„....... 1 / No ,--- •., N %•Ne N‘L.::N / ,,i.el" ite,„ ft..... • , • -J;:t • '-•., 14\441 ", %- .........6O. I .:'' ' • . , """...MID......... • '''''''''''''''''''',•. / • ; '.. ,.• . . . . _•1 : e ::e • , ••••••- ---•••••••••••••-••••-•::•;.;,Z- .. ' • . • !''.". 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'''\ = 4 1o° \ \ a ' • I m , % s\ 4' 93. 2 2 I I I 71 I n 4 2,3' 8 .4 0^• 3•8,• \ SSB.\\, Dry \ 3g U 13 I e o. 11 a' ------- I I ss. 2 \ \ �492 \ o� a 9. 3p4ayos` 94-or I l S90°00'00"W 288.30' It9O- 79.52' 261.60' `\ \ U, �' �' ESA(7. _ 125.92• - - - • .99 - 174.10' 114.65' 114.65' 114.65' _ 121.22' - - - - - - „ 1 I 12 114.65' 76.7 �\ 3 - - 2, I 1 \ _ 2'-54' SO4° 29'S7"E ., 11 _ I I I I I I \ \ Q(41 N O{p O �- ° 1 11 1 20.06' _ _ I .I \ \ ., 6 W - -1 S89 59 59 W 621.02 3 f II O -' d110co I,� T� �\ a \ 1 QN OON 7 On OOW �• //w ra I I o 14 ;n1 616 o1°am o0 0. B\\ rn `11`r z z oN 8 o°n'' ov 1.`^ I ,o, EAST FORK WATER I I 13 i nI o ON o4 9 Po '< 1`P 5 z . .m 9 N_ llP. I o SUPPLY CORP. I i ,n:�I o I o N 1 0 1 1 z - 1 10 I VOL.2950. I 20I I a0 I� 5 . 00 6 7 8 o m 10 o = I PG.256 N89°35'18"W I 30' 30' I� o o D- \ ` .-- 1 ` - - - - - - - - � 180.00' I L z 35'B.L. 35'B.L. z 1 -SQL' N. I - -I f(�' I - - - - - - - - - - - - - - - - - -' y I - - 30'B.L.- - - - - - -- - 's sa •�o Jut /'' 15'D.E.& U.E. 15'D.E.& U.E. 15'D.E.& U.E. O, \'<, 2. -5 I I I I `/ I J I 56.11• �S\FB . N6;y6• 19 14 tt5.23' 114.65' 114.65' 114.65' 114.65' 32.50' 30' 30' i 96.70' 85.00' 85.00' 89.10' 38.77' C� Li` I In I is I IN o I M I / ` o i// `�-__- I Incc, 1 ` .. "1 _ N90.00'00'E 766.55' _ _ _ N90.00'00"E 474.25' '� p , w x I M STREET F - of ,� 11 I n w T$OMMY PULLIAM OLD ', "X" CUT END. 15 I Sbg18�y \\s\B, C5 36.01' 112.50' o \ •• •' •• •• •• '• '• „2so• •ml m o I '° 5.1 0 ACRE TRACT 18 1\` ,\ '3S. . \ _ 6238 / - -15'D.E.& U.E. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - '�/ r / I 9 _ 15'D.E-& U.E. -I g l.) - I CLERKS FILE NO. 00-0008111 I I '<.\ 35•B.L. 35'B.L. - >- - - 1 • Lai , N I C /'' -I , I _ i ' �W I W i N90'00'00"E o IJ ,il 1- • 158.25' I I O "\ I 3 0b POINT OF BEGINNING GINNING 16 �� 18 19 20 2t 22 23 24 25 26 27 -I� o o W LOT 12 BLOCK B I O Fe; °N 17 O ° d m,wlm o ha ,� o o_ o o CC o RETENTION/ o I I rn N O N N A N ~ ^ DETENTION EASEMENT I n. I _ - _ - _ - _ - _ - _ - _ - _ - _ - _ - _ - _ - _ - _ - _ - _ - _ - IA v1 o TOBEMAINTMIED 1 0 I- - - - - - - - - - 1 - - - - - - - - - - - - - - - - - - ALLEN ALT.SsuaY_SURYEY--/ ,,. _ _ 1 BY HOA I ALLEN ATTERBURY SURVEY ABSTRACT Nh 91 a - 159.25' - "" -142.92' 112.50' ' " " _ " " " _ - _ __ _ 172.50' I 25' 25' - _158.27' , ABSTRACT NO.23 D.W.WILLIAM SURVEY I/Z^ IRF % y,y_ __s., - �,_ p 1 n J(C .) 5/a" IRF D:W. WILLIAM SURVEY TOTAL LOTS ABSTRACT N0.988 IN CONCRETE _ � 1 �� CITY 2% WYLIE S90 OO 00 W 1635.44' ABSTRACT N0. 988 53 LEGAL DESCRIPTION ` VOL.S 22.PC.2456 TOTAL ACRES 29.292 BEING, a tract of land situated in the Allen Atterbury Survey, Abstract No. 23, in the City of Wylie, Collin BRADDOCK PLACE HOLDINGS, LTD. County, Texas, being port of a 61.26 tract of land, os described in Clerks File No. 20060919001346110 CLERKS FILE NO. 20060119000079810 and all of a 13.330 acre tract, as described in Clerks File No. 20060919001346100 in the Deed Records CORNERSTONE BAPTIST CHURCH ZONED: PD-2006-55 of Collin County, Texas and being more particularly described os follows: 14.000 ACRE TRACT BEGINNING, at a 1/2inch iron rod found at the southwest corner of said 13.330 acre tract, also VOL. 5863, PG. 2007 being the southeast corner of Twin Lakes Phase V, on addition to the City of Wylie, os described in Volume P, Pages 435-436, in the Plat Records of Collin County, Texas; THENCE, North 00° 24'42" East, along the west line of said 13.330 acre tract and the east line of said Twin Lakes Phase V, for a distance of 1201.05 feet, to o I/2 inch iron rod set in the "Recommended for Approval " south line of Alanis Drive (100' R.O.W.), as described in a document recorded in Clerks File No. 20070503000597790, in said Deed Records; THENCE, South 89° 56'33" East, deporting said east and west lines and along the south Chairman, Planning & Zoning Commission Dote NOTES line of said Alonis Drive, for o distance of 2.86 feet, to a /2 inch iron rod set at the point of curvature of o curve to the right, having o radius of 810.00 feet, a central angle of 40° 44'20", and City of Wylie, Texas PRELIMINARY PLAT o tangent of 300.74 thefeet; 1. Bearings ore referenced to a 185.1449 acre tract of land, as described in Clerks File No. 20060119000079810, in the Deed OF THENCE, continuing along said south line and with said curve to the right for on arc distance of 575.93 feet Approved for Construction Records of Collin County, Texas. A L A N IS CROSS I N G (Chord Bearing South 69° 34'23" East 563.88 feet), to a I/2 inch iron rod set 2. All lot lines are radial or perpendicular to the PHASE I at the point of tangency; street unless otherwise noted by bearing. THENCE, South 49° 12'13" East, continuing along said south line, for o distance of 625.18 feet, to o 1/2 inch iron rod set of the point of curvature of o curve to the left, having o radius of 910.00 feet, a Mayor, City of Wylie, Texas Dote 3. /2 iron rods with CORWIN ENGR. INC. ' caps set of all OUT OF THE central angle of 40° 48'05", and o tangent of 338.44 feet; boundary corners, block corners, points of curvature, Accepted points of tangency, and angle points in public right-of-way ALLEN ATTERBURY SURVEY, ABSTRACT NO. 23 unless otherwise noted. THENCE, continuing along said south line and with said curve to the left for on arc distance of 648.03 feet IN THE (Chord Bearing South 69° 36'15" East - 634.42 feet), to a I/2 inch iron rod set 4. B.L. - Building Line CITY OF WYLIE of the point of tangency; U.E. - Utility Easement Mayor, City of Wylie, Texas Dote D.E. - Drainage Easement COLLIN COUNTY, TEXAS THENCE, North 89° 59'42" Eost, continuing along said south line, for a distance of 646.99 feet, to a 1/2inch iron rod set at the intersection of said south line and the west line of F.M. 544 (90' R.O.W.): S.S.E. Sanitary Sewer Easement OWNER "The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the C.M. - Controlling Monument THENCE, South 04° 29'57" East, along the west line of said F.M. 544, for a distance of 20.06 feet, foregoing final plat of the ALANIS CROSSING PHASE I, subdivision or addition to the 0 - Street Change ALANIS CROSSING, LTD. to 0 % inch iron rod found of the northeast corner of a 5.180 acre tract, as described in a document recorded in City of Wylie was submitted to the City Council on the day of , 2013 Clerks File No. 00-0008111 in said Deed Records; and the Council, by formal action, then and there accepted the dedication of streets, alley, parks, 5. 'Selling o portion of this addition by metes and bounds 8214 WESTCHESTER DRIVE, SUITE 710 easement, public places, and water and sewer lines as shown and set forth in and upon said plat is a violation of City Ordinance and State Low and subject DALLAS, TEXAS 75225 THENCE, South 89° 59'59" West, departing the west line of said F.M. 544 and along the north and said Council further authorized the Mayor to note the acceptance thereof by signing his name to fines and withholding of utilities and building permits." 214 522 4945 line of said 5.180 acre tract, for o distance of 621.02 feet, to a % inch iron rod found at the northwest corner of as hereinobove subscribed. 6. 30' Landscape Easement along Alonis Drive Lots 1-7 Block A and PREPARED BY said 5.180 acre tract; Lots 1-4 & 6-10 Block B will be maintained by the HOA. CORWIN ENGINEERING, INC. THENCE, South 00° 00'38" East, alongthe west line of said 5.180 acre tract, fora distance Witness my hood this day of A.D., 2013. I - 7. 20' Landscape Easement along the Pulliam Propery Lots 10 & 11 200 W. BELMONT, SUITE E of 354.71 feet, to a /2 inch iron rod set of the southwest corner of said 5.180 acre tract being in the south Block B will be maintained by HOA until purchased by homeowner. ALLEN, TEXAS 75013 line of said 61.26 acre tract; At which time the homeowner will be responsible for mointenoce. 972-396-1200 THENCE, South 90° 00'00" West, along the south line of said 61.26 acre tract, at 571.27 feet, passing o % inch iron rod found of the northwest corner of a 185.1449 acre tract, os described in Clerks File No. City Secretary APRIL 2013 SCALE: 1"=100' 20060119000079810, in said Deed Records and continuing fora total distance of 1635.44 feet, to the POINT City of Wylie, Texas "PRELIMINARY PLAT FOR REVIEW PURPOSES ONLY" OF BEGINNING and containing 29.292 acres of land. SHEET 1 OF 2 +t`L OF Wp ra • Wylie City Council le AGENDA REPORT oiss7•, "rE op S'E0 Meeting Date: May 14,2013 _ Item Number: H Department: Jeff Butters—Asst. City Mgr (City Secretary's Use Only) Prepared By: Glenna Hayes -Purchasing Account Code: 112-5615-58910 Date Prepared: May 7, 2013 Budgeted Amount: $80,000 Exhibits: n/a Subject Consider and act upon, the award of bid number W2013-43-B Wylie Senior Center Interior Renovation in the amount of$52,653.00 to Concord Commercial Services Inc., Lutz Woodworks, and Wylie Carpet and Tile; and subject to the timely execution of any necessary documents by the City Manager. Recommendation Consider and act upon the award of bid number W2013-43-B Wylie Senior Center Interior Renovation in the amount of$52,653.00 to Concord Commercial Services Inc., Lutz Woodworks, and Wylie Carpet and Tile; and subject to the timely execution of any necessary documents by the City Manager. Discussion Staff recommends the award of bid number W2013-43-B for the Wylie Senior Center Interior Renovation in the total amount of$52,653.00 as follows: Concord Commercial Services Inc.—Plumbing, glasswork and touch-up painting $26,480.00 Lutz Woodworks—Millwork/cabinetry $13,673.00 Wylie Carpet and Tile—Flooring $12,500.00 The recommended award by trade represents the overall best value for the City, and a cost savings of $20,147.00 vs. award in-total to a single contractor at$72,800.00. Page 1 of 1 +t`L OF Tyke g GI • ® Wylie City Council ,. AGENDA REPORT -4rE op S'E0 Meeting Date: May 14,2013 Item Number: I. Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: April 29,2013 Budgeted Amount: Exhibits: 2 Subject Consider and act upon, approval of Resolution No. 2013-10(R) authorizing the City Manager of the City of Wylie, Texas, to execute the interlocal agreement between Collin County and the City of Wylie concerning the construction of Ballard Avenue from Alanis Drive to the Collin County line. Recommendation Motion to approve Resolution No. 2013-10(R) authorizing the City Manager of the City of Wylie, Texas, to execute the interlocal agreement between Collin County and the City of Wylie concerning the construction of Ballard Avenue from Alanis Drive to the Collin County line. Discussion The 2007 Collin County Bond Program included funds for the reconstruction of Ballard Avenue from Alanis Drive to the Collin County Line. The project includes approximately 6,300 linear fee of 4-lane divided concrete roadway with underground storm sewer improvements. The County previously released engineering funds and the construction plans are nearing completion. The necessary right of way to construct the project has been identified and includes ten parcels and twelve drainage easements. Approval of the attached agreement will fund $350,000 for the right of way acquisition for the project. Once the parcels have been acquired, another agreement will be presented for Council consideration which will authorize the construction funding. Page 1 of 1 RESOLUTION NO. 2013-10(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF BALLARD AVENUE FROM ALANIS DRIVE TO THE COLLIN COUNTY LINE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the interlocal agreement between Collin County and the City of Wylie concerning the construction of Ballard Avenue from Alanis Drive to the Collin County line, SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 28th day of May, 2013. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No. 2013-10(R)—Interlocal Agreement - City of Wylie & Collin County Construction of Ballard Ave, from Alanis Drive to Collin County Line Page 1 of 2 EXHIBIT "A" Interlocal Agreement Resolution No. 2013-10(R)—Interlocal Agreement- City of Wylie & Collin County Construction of Ballard Ave, from Alanis Drive to Collin County Line Page 2 of 2 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR THE CONSTRUCTION OF BALLARD AVENUE FROM ALANIS DRIVE TO THE COUNTY LINE, BOND PROJECT # 07-098 (CR 819) 2009 FUNDING WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas ("City") desire to enter into an agreement concerning the construction of Ballard Avenue and other improvements from Alanis Drive to the County Line in Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, On November 18, 2008, Collin County approved an Interlocal Agreement with the city of Wylie (CO#2008-1050-11-18)that covered Engineering costs; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this Agreement. NOW, THEREFORE, this Agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to Ballard Avenue, hereinafter called (the "Project"). The Project shall consist of constructing a 4-lane divided concrete roadway, a distance of approximately 6,300 feet. The improvements shall also include construction of underground storm sewers as part of the road improvements. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall acquire all necessary right-of-way for the Project. The City shall prepare plans and specifications for the improvements, accept bids and award a contract to construct the improvements and administer the construction contract. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the executed construction contract(s) for the Project. Page 1 of 4 ARTICLE III. The City estimates the total actual cost of the Project to be $5,400,000, which shall include land acquisition, engineering, utility relocations, construction, inspection, testing, street lighting, and construction administration costs including contingencies. The total amount of Funds remitted by the County for the Project activities identified in this 2009 funding ILA shall not exceed $350,000. The Project activities and payment schedule is as follows: (a) Within thirty (30) days after the City request payment for the County, the County shall remit a portion of the Funds to the City to cover any and all right of way acquisition costs for the Project, including but not limited to, the cost to acquire the right of way through eminent domain. (b) At the completion of the Project in its entirety, the City shall provide a final accounting of expenditures for the Project. (c) The Commissioners Court may revise this payment schedule based on the progress of the Project. ARTICLE IV. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty(30) days until Project completion. ARTICLE V. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VI. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY Page 2 of 4 WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE VII. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. The parties agree that this Agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE VIII. SEVERABILITY. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE IX. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. This Agreement supersedes all prior negotiations, representations and/or agreements, either written or oral. ARTICLE X. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. ARTICLE XI. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this Agreement hall not create any rights in parties not signatories hereto. Page 3 of 4 ARTICLE XII. TERM. This Agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This Agreement shall automatically renew annually during this period. APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS By: By: Name: Name: Title: Title: County Judge Date: Date: Executed on this day of 2013,by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE, TEXAS By: By: Name: Name: Mindy Manson Title: City Secretary Title: City Manager Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Title: City Attorney Date: Page 4 of 4 4OFIrk, ' ! Wylie City Council n i„��� e1 =rr t '`,:ex,..„),..7. AGENDA REPORT 1,,,, ��l'e OF TES Meeting Date: May 28, 2013 Item Number: J Department: Purchasing (City Secretary's Use Only) Prepared By: Glenna Hayes Account Code: Date Prepared: May 16, 2013 Budgeted Amount: Exhibits: 1 Subject Consider and act upon Resolution No. 2012-13-(R) of The City Council of the City of Wylie, Texas, to ratify Change Order #1 to an agreement between Pulliam Construction Management Inc. for an increase in the scope of work of an additional parking lot at 949-100 Hensley Lane in the amount of$51,228.70. Recommendation Motion to approve Resolution No. 2012-13-(R) of The City Council of the City of Wylie, Texas, to ratify Change Order #1 to an agreement between Pulliam Construction Management Inc. for an increase in the scope of work of an additional parking lot at 949-100 Hensley Lane in the amount of$51,228.70. Discussion The City Council of the City of Wylie, Texas approved Resolution No. 2011-26(R) on 10/11/2011, establishing a design-build contract between the City and Pulliam Construction Management Inc. in an amount not to exceed $3,500,000.00 for the renovation of an existing building and construction of a new Public Services Building. The addition of a second parking located at 949-100 Hensley Lane in the amount of $51,228.70 represents a change in the original scope of work but no increase in the amount of the original awarded contract. The project was completed within the awarded amount, and this resolution is to comply with Texas Local Government Code 252.048 (Change Orders). Page 1 of 1 RESOLUTION NO. 2013-13-1(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO RATIFY CHANGE ORDER #1 TO AN AGREEMENT BETWEEN PULLIAM CONSTRUCTION MANAGEMENT INC. AND THE CITY FOR AN INCREASE IN THE SCOPE OF WORK OF AN ADDITIONAL PARKING LOT AT 949-100 HENSLEY LANE,IN THE AMOUNT OF $51,228.70. WHEREAS, the City Council of the City of Wylie, Texas approved Resolution No. 2011-26(R) on 10/11/2011, establishing a design-build contract between the City and Pulliam Construction Management Inc.; and WHEREAS, the City has made changes in the scope of work after the performance of the original contract was begun; and WHEREAS, the increase in the scope of work for an additional parking lot at 949-100 Hensley Lane is in the amount of$51,228.70; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Mayor of the City of Wylie, Texas, is hereby authorized to ratify on behalf of the City Council of the City of WYLIE, Texas, Change Order# 1 as a change in scope of work to an existing agreement between Pulliam Construction Management Inc. and the City; and SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on this the 28th day of May, 2013. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2013-13-1(R)-Agreement between Pulliam Construction Management Inc.&the City Of Wylie Additional Parking Lot at 949-100 Hensley Lane-$51,228.70 Page 1 of 1 �A. OF Irk, Wylie City Council 0 AGENDA REPORT pp ��OP YY Meeting Date: May 28, 2013 Item Number: K Department: Finance (City Secretary's Use Only) Prepared By: Linda Bantz Account Code: Date Prepared: May 13,2013 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, authorizing the City Manager to execute the engagement letter with Weaver and Tidwell, L.L.P. for Fiscal Year 2012-2013 audit services for a fee not to exceed $57,750. Recommendation Motion authorizing the City Manager to execute the engagement letter with Weaver and Tidwell, L.L.P. for Fiscal Year 2011-2012 audit services for a fee not to exceed $57,750. Discussion As required by City Charter, the City Council shall cause an independent audit to be performed by a certified public accountant on all City accounts at the close of each fiscal year. Weaver and Tidwell, L.L.P. has performed the annual audit for the City for the past five years and has submitted their engagement letter for audit services for Fiscal Year 2012-2013. The proposed fee of$57,750 is a 2.4% increase over the fee that was charged the previous year. New government accounting standards continually require more time from our auditors in addition to complex transactions the City or its component units are involved in. These generally require additional research, audit procedures and changes in our reporting. Award of this contract is exempt from the competitive bid law under Government Code Chapter 2254.003 Professional and Consulting Services. Page 1 of 1 weavers-r May 9,2013 Mr. Eric Hogue Mayor City of Wylie 300 Country Club Road Building 100, 1st Floor Wylie, Texas 75098 Dear Mayor Hogue: We are pleased to confirm our understanding of the services we are to provide the City of Wylie for the year ending September 30, 2013. We will audit the financial statements of the governmental activities,the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information,which collectively comprise the basic financial statements of the City of Wylie (the City) as of and for the year ending September 30,2013. Accounting standards generally accepted in the United States of America provide for certain required supplementary information(RSI), such as management's discussion and analysis (MD&A),to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational,economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures,but will not be audited: 1) Management's Discussion and Analysis. 2) Budgetary Comparison Schedules We have also been engaged to report on supplementary information other than RSI that accompanies the City's financial statements. AN INDEPENDENT WEAVER AND TIDWELL LLP DALLAS MEMBER OF BAKER TILLY CEST F EDP B.;C ACCOUNTANTS AND CONSULTANTS :2221 MERIT DR'VE,SUITE 1400 DALLAS,TX 75251 INTERNATIONAL WWW.WEAVERLLP.COM P:,972)490 1970 F:(972)702 8321 City of Wylie May 9,2013 Page 2 We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: 1) Combining and Individual Fund Financial Statements and Schedules The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will not provide an opinion or any assurance. 1) Introductory Section 2) Statistical Section Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report(that does not include an opinion) on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements,noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. City of Wylie May 9,2013 Page 3 The reports on internal control and compliance will each include a paragraph that states that the purpose of the report is solely to describe the scope of testing of internal control over financial reporting and compliance, and the result of that testing, and not to provide an opinion on the effectiveness of internal control over financial reporting or on compliance, and that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering internal control over financial reporting and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement,we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal,regulatory, or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will assist with preparation of your financial statements and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including evaluating and monitoring ongoing activities,to help ensure that appropriate goals and objectives are met; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business-type activities,the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the the City and the respective changes in financial position and cash flows,where applicable, in conformity with U.S. generally accepted accounting principles. City of Wylie May 9, 2013 Page 4 Management is also responsible for making all financial records and related information available to us and for ensuring that management is reliable and financial information is reliable and properly recorded. You are also responsible for providing us with (1)access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and(3)unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial,both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving(1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws,regulations,contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, illegal acts,violations of contracts or grant agreements, or abuse that we may report. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that(1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2)that you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3)that the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed,the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. City of Wylie May 9,2013 Page 5 Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous fmancial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements,performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. During the course of our engagement,we will request information and explanations from management regarding the City's operations,internal controls,future plans,specific transactions and accounting systems and procedures. At the conclusion of our engagement,we will require,as a precondition to the issuance of our report,that management provide certain representations in a written representation letter.The City agrees that as a condition of our engagement to perform an audit,that management will,to the best of its knowledge and belief,be truthful,accurate and complete in all representations made to us during the course of the audit and in the written representation letter.The procedures we perform in our engagement and the conclusions we reach as a basis for our report will be heavily influenced by the written and oral representations that we receive from management. False or misleading representations could cause us to expend unnecessary efforts in the audit;or,worse,could cause a material error or a fraud to go undetected by our procedures. Thus,the City agrees that we will not be liable for any damages or otherwise responsible for any misstatements in the City's financial statements that we may fail to detect as a result of false or misleading representations that are made to us by management.Moreover,the City agrees to indemnify and hold us harmless from any claims and liabilities,including reasonable attorneys' fees, expert fees and costs of investigation and defense,arising out of or related to this engagement if false or misleading representations are made to us by any member of the City's management. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. City of Wylie May 9, 2013 Page 6 We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement,whether from (1) errors, (2) fraudulent financial reporting, (3)misappropriation of assets, or(4)violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions,there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However,we will inform the appropriate level of management of any material errors or any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories,and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals,funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures—Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature,timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. City of Wylie May 9,2013 Page 7 Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement,we will perform tests of the City's compliance with the provisions of applicable laws,regulations, contracts, agreements, and grants. However,the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Engagement Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. Both of us agree that any dispute between you and Weaver and Tidwell,L.L.P., arising from the engagement,this agreement, or the breach of it,may,if negotiations and other discussion fail,be first submitted to mediation in accordance with the provisions of the Commercial Mediation Rules of the American Arbitration Association(AAA)then in effect. Both of us agree to conduct any mediation in good faith and make reasonable efforts to resolve any dispute by mediation. Mediation is not a pre-condition to the arbitration provided for below and the failure or refusal by either party to request or participate in mediation shall not preclude the right of either party to initiate arbitration. We agree to conduct the mediation in Dallas,Texas, or another mutually agreed upon location. Both of us agree that any dispute arising from the engagement,this agreement or the breach of it shall be subject to binding arbitration under the provisions of the Federal Arbitration Act(9 U.S.C. § 1, et seq.)and of the Dispute Resolution Rules for Professional Accounting and Related Services Disputes of the AAA(the Rules),and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitration shall be heard before one or more arbitrators selected in accordance with the Rules.The parties agree to conduct the arbitration in Dallas,Texas,or another mutually agreed upon location. The arbitrator may only award direct damages and may not award consequential,exemplary, or punitive damages. City of Wylie May 9,2013 Page 8 The prevailing party in any arbitration or litigation shall be entitled to recover from the other party reasonable attorneys' and expert witness fees,court costs, and the administrative costs,arbitrator's fees,and expenses of the AAA incurred in the arbitration or litigation in addition to any other relief that may be awarded. Notwithstanding the provisions of the immediately preceding paragraph, neither of us shall be compelled to arbitrate any dispute between us which arises out of any claim asserted against either of us by a third party,unless the third party(whether one or more)agrees to join the arbitration or can be compelled to join it. If any term of this engagement letter is declared illegal,unenforceable,or unconscionable,that term shall be severed and the remaining terms of the engagement letter shall remain in force. Both of us agree that the arbitrator(s)or Court,as the case may be,should modify any term declared to be illegal,unenforceable,or unconscionable in a manner that will retain the intended term as closely as possible.If a dispute arising from the engagement or from this agreement or any term of it or any alleged breach of it is submitted to a Court for interpretation or adjudication,both of us irrevocably waive right to trial by jury and agree that the provisions of this engagement letter regarding damages, attorneys' fees, and expenses shall be applied and enforced by the Court. In the unlikely event that circumstances occur which we in our sole discretion believe could create a conflict with either the ethical standards of our firm or the ethical standards of our profession in continuing our engagement,we may suspend our services until a satisfactory resolution can be achieved or we may resign from the engagement. We will notify you of such conflict as soon as practicable,and will discuss with you any possible means of resolving them prior to suspending our services. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Weaver and Tidwell, L.L.P. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to the City or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit,to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Weaver and Tidwell,L.L.P. personnel. City of Wylie May 9,2013 Page 9 Furthermore,upon request,we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide,to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the City. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the parties contesting the audit finding for guidance prior to destroying the audit documentation. Mr. Jerry Gaither is the engagement partner and is responsible for supervising the engagement and signing the report on behalf of Weaver and Tidwell,L.L.P. Our fee is based upon the complexity of the work to be performed and the tasks required. Fees for our services are due upon receipt of our invoice. For bills not paid within 60 days of the billing date, a late charge will be added to the outstanding balance. The late charge will be assessed at .5% on the unpaid balance per month Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction,word processing, postage, travel, copies,telephone, etc.)except that we agree that our gross fee, including expenses,will not exceed $57,750. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 90 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2010 peer review report accompanies this letter. City of Wylie May 9,2013 Page 10 If you intend to publish or otherwise reproduce the financial statements and make reference to our firm name, you agree to provide us with a copy of the final reproduced material for our approval before it is distributed. We appreciate the opportunity to be of service to the City of Wylie and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Yours truly, k i ,f„0 2���"u 4 4,7,400 WEAVER AND TIDWELL,L.L.P. JLG:pel RESPONSE: This letter correctly sets forth the understanding of the City of Wylie Officer signature Title Date 44 Wk.. C4 e Wylie City Council AGENDA REPORT .14 1ss7_" -Are or it,'" Meeting Date: May 28,2013 Item Number: 1. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: May 15,2013 Budgeted Amount: Exhibits: 3 Subject Hold a Public Hearing and consider, and act upon amending the zoning from Agricultural (A/30) to Planned Development Single Family Detached District (PD-SF) to accommodate a proposed single family residential subdivision on an approximate 28 acre tract generally located on South Ballard approximately 1000' south of Alanis. ZC 2013-01 Recommendation Motion to Table amending the zoning from Agricultural (A/30) to Planned Development Single Family Detached District (PD-SF) to accommodate a proposed single family residential subdivision on an approximate 28 acre tract generally located on South Ballard approximately 1000' south of Alanis. ZC 2013-01 Discussion Owner: Bank Site Acquisition Corp Applicant: Jagjit (JJ) Singh The applicant is requesting to establish permanent zoning on an approximate 28 acre tract generally located south of Alanis on South Ballard. The property is currently zoned A/30 with a majority of its borders surrounded by property that lies outside city limits. The applicant/owner is requesting a change in zoning to Planned Development Single Family Detached (PD- SF) to allow for a suburban single family residential neighborhood that is generally consistent with the City's Comprehensive Plan for that area. PD districts allow for development projects that may use some design elements not covered or allowed within the standard Zoning Ordinance, but may be compatible with the City's Comprehensive Plan, or innovative in design. The applicant is proposing to provide a residential development on lots that are smaller than normally required while adding architectural, landscaping, and site design elements to the development that offer a distinctive character to the development. The Comprehensive Plan designates this area as a Sub-Urban sector allowing for low to medium densities, so the proposed development does fall within the land use guidelines. The applicant has provided a concept plan to serve as preliminary plat (Exhibit A) for this proposal as well as a list of Planned Development provisions (Exhibit B) that will establish design guidelines that may differ from or exceed those established in the Zoning Ordinance. Page 1 of 3 Page 2 of 3 The applicant has also been collaborating with Park's Department staff and the City's Park's Board in the dedication and construction of public hike &bike trails and open spaces (Exhibit C) that will be incorporated in the proposed neighborhood. At the April 22, 2013 Parks Board meeting; the Board tabled the applicant's proposal for parkland dedication until the applicant could provide more information regarding the pond whether it would be retention or detention and detailed park amenities. Based on the outcome of the rescheduled Parks Board meeting, Exhibits A & C may be modified. Notification/Responses: Eleven (11) notifications were mailed, with no written responses received at the time of posting. Because this is a Public Hearing, the Council should open the public hearing and allow any citizen to speak on this item, after which time, the Council should continue the public hearing and table the request until June 11th. Planning Commission Discussion The Commission discussed with the applicant the retention pond and its use. The Applicant stated that he is still in the process of working out the details. The Commission asked the applicant to include housing types/examples in the PD Conditions. He stated that he would and that the average price of homes would be $250,000 and the builder would be Megatel Homes. Homes would be similar to those being built in BoLnlan Farms. The Commission voted 5-0 to table the item until June 4, 2013. V) U / [ III _I I_.I E,' Z n NMBae rarer A. \ L ,a ROC — _/ PROPERTY uaxrs 8 ',.,. / LOCATION W Cti UJ _ Bennie Blakey& / ,I i/ Z Nickles Peter Amos Blakey _—'IN '4 o:w.sr-0.9 / crya. ,. vx rm.Sas srs tea ti •� — x Jeffrey Outeaxke ?g u c (POINT OF YJ U� --- mx�.- a r.Y 5BB°IB61•E- IBEGINNING� ar/z'mr / -Z Lu / '106.� 1n'mr N® x as ui 5P9'1912'E-fp9agO s/C'� r/,— I`( WOODBPJDGE PROPER11E5,LLG` '''- 4V 1 o LOCATION MAP ® ® A A A A A ® A A A ® A A v A ® A A A A ,Aii tN4 Open Space/Park or/r mr m ® Proposed Street,50'R.O.W.(Typ.) ® Q++n� t1.5 Acres Proposed S / A U\Jl Proposed et,50'R.O.W. I.`50'R.o.w. , 5 'Rv-� / ` e NM n, 11.1 m ro'N+ 0 U \.G N r 3Ts Ac4uI 3oN oxro M. nae.Neu, exzm zvxao 111 CC �. APPROXIMATE P e or •.e. S ON SURbc,0 50'R.O.W.'-�38 r rasrxc are , _.- LOCATION OF -� _ .. W ✓T R P C S N a I t V ,00 -_-" • HIGHLAND OAKS zor P b J V I �"/ QS - I r r1� A A A A A ;, CU Ll qq J / ry/ecros _ __ 24'TEMPORARY ACCESS N + 0- 83 A DRIVE TO BE REMOVED V } r/r mr NBTLYIgW..vseor IIIIInIIIIIII 11111 g, WITH CONNECTION TO E Q" 1-- B2 I (in-s ass'c rm.ay r/a m` Ir. aBs HIGHLAND OAKS DRIVE >00 0 o tAt -' / O ' saw' IN PHASE 2 Q N z C..) HIGHLAND RIDGE DRIVE oNr sssB1 9 rsi O Z / 8 U a 80 ® a I p 4 =h 0" J9 _ COLONIAL ACRES ESTATES A. "EXHIBIT' �. W14 METES AND BOUNDS DESCRIPTION Q. g o 78 -- I�� 8 Bank Site Acquistion Corporation Traet a tract of land situated in the H.Douglas Survey.Abstract No.292.City of O Wylie.S of land COLONIAL 3 .. 1Documentthe subject tract tieing more particularlydRecords. s. Collin County. Issue Dates:(a wxe eo'mry (0x cp Waco described . _ 5/6/13 ________ .______ northeast comer of the subject troot and for the southeast corner of a tract and being on he west line of S. Ballard Avenue (a variable width public , THENCE S 00.18'11.'Yit 725,1 feet along the common line thereof to a 12"iron qJ 4 wp stamped SpIARCFNc xf for ties sauthaoet coer/of the o O 060' /8".iron rod found ror the n everting at . recorded in Volume 6,Page 39 of the Plat Records.Cortn County.Texas.passing 1nT SUMMARY n (a --wayl p riwlong the . north line,C,onto/Estates a total distance of 1783.87 re.to oliz' iron rod 50'x 120' 68 59% A60'a 120' 46 41% 25 wcav 1 I,mber er-o 017, "'arid s vmpen�e",ue,reto'ded'n Botamenf 33.02 feet along the common une thereof to a s/8' a= 116I _ 9 _ tapp.e nq BENct ng'5,IAt+SPNc" set for the northwest • 4.1 D.U.A f m �e2 1 a treat conveyed to • - Nick.Peter,recorded in volume 1996,Page 215 DR., -i - a iron rod found fob the southeast comer of said Peter tract and for the southwest BI y damee er y recorded in `;tole. 1' 1W' --_--_— 0ocumenl Number 94-0024429 ORCci, prawn y: Checked, THENCE S 89.16.22.E,along the common line thereof.passing the common By: • -- RAW wrtn the n b1 tmcl canto g q a teat ar 281 1 acres a Iona. Sheet 1 TYPICAL LOT CONFIGURATION - of• 1 • OB µ12-107 2 Exhibit "B" Conditions for Planned Development Zoning Case 2013-01 SOUTH BALLARD AVENUE DEVELOPMENT I. GENERAL CONDITIONS 1. This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 10/24 set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are hereby replaced with the following: Figure 3-4- Planned Development—Single Family (PD—SF) Lot Size (Minimum) Lot Area (sq. ft.) 6000 Lot Width (feet) 50 Lot width of corner Lots (feet) 65 Lot Depth (feet) 120 Dwelling Regulations (Minimum Square Footage) 30% of homes 1800 35% of homes 2100 25% of homes 2400 10% of homes 2600 Design Standards Level of Achievement See Design Features Yard Requirements—Main Structures Front Yard (feet) 25 Side Yard (feet) 5 Side Yard of Corner Lots (feet) 15 Rear Yard (feet) 25 Lot Coverage 45% Height of Structures Main Structure (feet) 40 Accessory Structure (feet) 14 II. SPECIAL CONDITIONS 1. There will be 50' and 60' wide frontage lots with a mix of 40% -60' and 60%-50'. 2. No alleyways will be required within the Planned Development 3. Lots adjacent to park/open space shall have builder provided wrought iron fencing. 4. The Concept Plan, included as Exhibit "C" shall serve as the Preliminary Plat. 5. The park and open space will be dedicated to the City. All park amenities, as determined by the City, will be installed prior to the issuance of any residential Certificates of Occupancy. The park and open space shall be maintained by the Homeowners Association under the following provisions: a. Clean up and litter removal. b. Landscaping installation, care, and maintenance. c. Trimming, clearing, and removal of unwanted vegetation as determined by the City Park Division. d. Maintain irrigation system and test all backflow devices annually as per City requirements. e. Maintain playground equipment, benches, tables, concrete trail, and any other installed improvements. f. Maintain slopes and topography to prevent erosion. III. DESIGN FEATURES Subdivision Entryway: Stone entrance features will be built with the first phase utilizing a minimum of two different kinds of stone and wrought iron accents. Irrigated landscaping will be provided on both sides of the entrance. Masonry perimeter wall will be built along Ballard Avenue. Side Walks: Five feet wide concrete pedestrian sidewalks shall be located on both sides of the street in the right of way of every internal street. All barrier free ramps will have decorative, colored and textured concrete that will extend across the street where appropriate. Sidewalks along and in park and open space shall be 8' in width. In addition the sidewalks in the open space will be lined with trees (3" caliper minimum, 50' on center), benches or exercise stations every 250', and solar-powered down lighting at appropriate intervals. Home exteriors: Each home will have 100% brick or stone exterior on first floor. Other exterior materials such as Hardy Plank may be used on up to 70% of the upper floors as shown on typical elevation in Exhibit "D". Front facade of a home will have 100% brick and/or stone masonry. Each home will have lighted cast concrete number plaque beside the entrance. Mailboxes will be a mix of brick and stone that matches the home. Front facades will feature up light illumination. Other Features: At least 15% of the homes on 60' lots will have 600sgft garages. All yards will feature automated irrigation systems. Lot Repetition: Nine lots will be skipped on same side of street before repeating same or flipped, and six lots skipped on opposite side of street. Home Owners Association: The developer/ builder will form a Home Owners Association as promulgated by the State of Texas. All landscape and hardscape in the common areas, entry features, perimeter wall and irrigation will be maintained by the Home Owners Association and will be no expense to the City of Wylie. Mly tli gibIl7tpli 0 iy----- 53. 71 .--4 O 0 / O ��� r1 • r • � r�n�7NS� :c?. � aNOd lYOt1N3134 n / _,--- 5 -'37.L- "Q # __ ' -- viral 7/bql _—._ 0 • O.�- SJ{t2uBs G+f ILD2-E Iv t'La YyiP11eM. T' l 8'AIM T[.4IL T244l TKzF_S eye TIL4CT 1 - I,f Acker C � m ,Or-I 0(7) CU CNI � M (Ni N co i d 2 O CIF; Budget Work Session Agenda Presentation of 2013-2014 Budget Workshop General Discussions Assumptions Affecting FY 2013 - 2014 Budget Property value is estimated to increase by 3% for budget purposes. Sales tax is projected to increase 5% for FY 2014. Home Starts are projected to increase to 300 (a 100 unit increase from FY 2013). Addition of 2 police officers for Narcotics Unit. Addition of 1 police officer to work Child Advocacy. Assessed PropertyValuations $2,348.50* 2400 , $2,184.20 $2,222.60 $2,208.40 $2,235.70 $2,270.50 2200 $2,024.70 2000 ../ .r 1800 •� 1600 -/ E 1400 - I • 1200 - I G,l 1000 - I f6 800 - 600 400 200 -77 0 / I 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 Average Single Family Home Value for 2013-2014 is: $155,489 * Certified preliminary assessed property valuation. Annual SalesTax Receipts $8,000,000 $7,146,040** $6,975,956* $7,000,000 $6,420,520 $6,093,602 $6,000,000 $5,174,706 $5,193,344 $5,374,954 1) $5,000,000 0 OP I•C $4,000,000 GJ $3,000,000 d $2,000,000 $1,000,000 $0 1r , 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 * Based on FY 2012-2013 budget ** Based on 5% increase over revised estimated FY 12-13 budget 5 General Fund Projected Revenues FY 2013 - 2014 - 27 171 685 $1,794,098 $275,500 7/ $297,000 1% $14,507,160 $2,986,180 1% 54% 11% -\ $630,227 Ad Valorem Taxes-$14,507,160 2%- ■Sales Taxes-$3,582,020 $566,000 2% Franchise Fees-$2,533,500 Licenses&Permits-$566,000 Intergovernmental Revenues-$630,227 Service Fees-$2,986,180 IA Court Fees-$297,000 Interest& Misc. Income-$275,500 $2,533,500 Transfers from Other Funds-$1,794,098 9% $3,582,020 13% General Fund Expenditures Bv Function FY 2013 - 2014 - 27 238 700 $3,316,494 12% $1,754,190 I $8,047,477 6% 30% $1,266,409 5% 1 III •General Government-$8,047,477 •Public Safety-$12,854,130 Development Services-$1,266,409 •Streets-$1,754,190 Community Services-$3,316,494 $12,854,130 47% 7 General Fund Balance Shortfall FY 2013 - 2014 Revenue $27,171,685 (a) Less Expenditures $27,238,700 (b) ($67,015) New FY 2014 Requests Narcotics Unit (Personnel & Equip.) $295,588 Child Advocacy Officer (Personnel & Equip.) $137,394 (c) Other Personnel $76,131 Non-Personnel $2,829,970 Additional Funding Needed $3,339,083 (a) Based on 3% increase in assessed values. (b) No salary increases included (compensation study in progress). Includes 9% estimated increase in health insurance. (c) Cost from Child Advocacy Center not included in base budget, cost will be $150,000. General Fund Estimated Balance FY 2013 - 2014 GF Fund Balance Estimate: Required based on estimated exp. in 2014 Goal: 25% $6,792,921 (a) Est. 09/30/2013 $10,162,372 Est. 09/30/2014 $9,762,372 (b) Excess Fund Balance $2,969,451 (a) It is the goal of the City to achieve and maintain an unassigned fund balance in the general fund equal to 25% of expenditures. The City considers a balance of less than 20%to be cause for concern, barring unusual or deliberate circumstances. If unassigned fund balance falls below the goal or has a deficiency, the City will appropriate funds in future budgets to replenish the fund balance based on a time table deemed adequate by the City Council. (b) Based on balanced budget and use of$400,000 for Debt Service. This Fund Balance is 36% of expenditures. 9 Tax Rate Information 0.950000 0.898900 0.898900 0.898900 0.898900 0.900000 0.888900 0.888900 0.850000 0.800000 0.750000 C 0.733250 0.700000 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 * A % cent difference in tax rate equals $116,929 in property tax revenue to the City & a $7.77 difference in annual property taxes paid on a home with an average value of $155,489. ** A 1 cent difference in tax rate equals $233,858 in property tax revenue to the City & a $15.55 difference in annual property taxes paid on a home with an average value of $155,489. Property Tax Rate Comparison ( FY 111 — FY 113) 0.70 0.60 0.50 o v 0.40 c 'v 0.30 rt ra 1— 0.20 0.10 Y ll 1 0.00 - FY 2011(Was) FY 2011(S/B) FY 2012(Was) FY 2012(S/B) FY 2013(Was) FY 2013(S/B) Debt Service Tax Rate(Was) .29805 .298747 .29828 eneral Fund Tax Rate(Was) .60085 .600153 .59062 Debt Service Tax Rate(S/B) .339035 .339003 .334286 and Tax Rate( , .559865 .559897 .554614 IN FY 2011 I FY 2012 I Difference in Tax Rates: .040985 .040256 .036006 Loss to General Fund (GF): $900,000 $900,000 $817,515 Additional Funds Provided GF Fund Bal: $400,000 GF Fund Bal: $400,000 Debt Service FB: $250,883 for Debt Payments: Bond Interest: $500,000 Bond Interest: $500,000 '08 Cert Ob: $566,632 Funds to Contribute Toward Debt Service FY 2013 - 2014 Funds Provided to Cover Above: Additional Use of General Fund Fund Balance to Lower DS Tax Rate $400,000 (a) Use of Debt Service Fund Balance to Lower DS Tax Rate $250,000 (b) Total $650,000 (a) Done in FY 2011 & FY 2012 and can be done in FY 2014 & FY 2015 (b) Used $250,883 in FY 2013. Estimated 2013 YE Debt Service Fund Balance is expected to be $650,000. If $250,000 is used in FY 2014, estimated 2014 YE DS Fund Balance is expected to be $400,000. ryI Debt Service Payments $8,400,000 $8,226,356* $8,122,744* $8,200,000 $8,011,606* $7,946,184* $8,000,000 $7,800,000 1. $7,600,000 $7,400,000 $7,200,000 2012-13 2013-14 2014-15 2015-16 * Based on current debt schedules with no additional debt issued. FY 2013 -2014 Recommended Key Budget Points No new requests included yet. No funding included for pay plan changes or marketing & communication initiatives. Base budget does not include proposed additional funding for Debt Service which is from use of Fund Balance. Replacement vehicles, including Public Safety, are not currently included in the base budget. Est. health insurance increase of 9.0% is included in base budget. Planning Discussion Programming Personnel E> Future Staffing and Compensation Services Questions ? City Manager Mindy Manson 972-516-6oi8 mindy.manson@wylietexas.gov Finance Director Linda Bantz 972-516-6122 Linda. bantzCa�w�lietexas.gov 6