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05-13-2014 (City Council) Agenda Packet Wylie City Council CITY O OF WYLIE NOTICE OF MEETING Regular Meeting Agenda May 13, 2014- 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Rick White Mayor pro tern Keith Stephens Place 1 Nathan Scott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 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.wvlietexas.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 • Presentation — "Junior Mayor of the Day" - Christopher Whitney - 4th Grade Birmingham Elementary • Proclamation declaring May 18-24, 2014 as "Emergency Medical Services Week" • Proclamation "Police Officer Memorial Day" and "Police Week" • Proclamation "Motorcycle Awareness Week" May 13,2014 Wylie City Council Regular Meeting Agenda Page 2 of 4 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the April 22, 2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Preliminary Plat for Dominion of Pleasant Valley, Phase 1. The Plat will create 210 single family residential lots and multiple open space areas on 63.823 acres and dedicate the necessary rights-of way and parkland dedication. Subject property generally located south of Sachse Road and southeast of Creek Crossing Lane. (R. 011ie, Planning&Zoning Director) C. Consider, Consider, and act upon, a Cooperative agreement for additional Law Enforcement Services, Between the City of Wylie, Lavon Lake, Texas initiates Agreement no. W9126G-14- T-0112 and the U.S.Army Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 16, 2014 through September 02, 2014 for a sum not to exceed$58,456.33. (J.. Duscio, Police Chief D. Consider, and act upon, approval of Resolution 2014-11(R) requesting a study be performed to evaluate the future wastewater need for the cities of Wylie and Murphy. (C. Holsted, City Engineer) E. Consider, and act upon, Ordinance No. 2014-17, amending Wylie's Code of Ordinances No. 2005-07, Chapter 74 (Offenses and Miscellaneous provisions),Article VIII (Regulation of Sex Offender Residency); providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (J. Duscio, Police Chief) F. Consider, and act upon, the award of bid #W2014-65-A for Concrete Repairs and Maintenance; to GT Construction, Holley & Holley Concrete Company Inc., and Tackett Concrete LLC in an estimated annual amount of $275,000.00, and authorizing the City Manager to execute all necessary documents. (G. Hayes, Purchasing Agent) G. Consider, and act upon, the award of bid #W2014-55-B for W.A. Allen — Alley Drainage Problem; to J. Nichols Construction in the amount of $59,600.45, subject to the timely execution by the City Manager of any and all necessary documents. (G. Hayes, Purchasing Agent) H. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of March 31, 2014.. (S. Satterwhite, WEDC Director) I. Consider, and act upon, Resolution No. 2014-12(R) of the City Council of the City of Wylie, Texas, denying the rate increase requested by Atmos Energy Corp., Mid-Tex Division under May 13, 2014 Wylie City Council Regular Meeting Agenda Page 3 of 4 the company's 2014 Annual Rate Review Mechanism Filing in all cities exercising Original Jurisdiction; Requiring the company to reimburse cities' reasonable ratemaking expenses pertaining to review of the RRM; Authorizing the City's participation with Atmos Cities Steering Committee in any appeal filed at the Railroad Commissions of Texas by the company; Requiring the company to reimburse cities' reasonable ratemaking expenses in any such appeal to the Railroad Commission; Determining that this resolution was passed in accordance with the requirements of the Texas Open Meetings Act; Adopting a Savings Clause; And requiring delivery of this resolution to the company and the steering committee's legal counsel. (M. Manson, City Manager) REGULAR AGENDA 1. Hold a Public Hearing, and consider, and act upon, approval of a Replat for 78 Corner Addition, Block A, Lots 2R2, and 2R3; generally located at the northwest corner of SH 78 and F.M. 544, immediately north of Chase Bank and south of AutoZone Store. (R. 011ie, Planning & Zoning Director) Executive Summary The property totals 2.228 acres and the purpose for the Replat is to establish two separate lots & dedicate easements to accommodate the develop of an emergency medical facility on one lot and establish a lot for drainage and floodway purposes. 2. Consider, and act upon, Resolution No. 2014-13(R) of the City Council of the City of Wylie, Texas adopting a Mission Statement, Vision Statement, Values Statement and Strategic Goals. (Mindy Manson, City Manager) Executive Summary The City Council met in a Work Session in March 2014 to discuss and draft a mission statement and strategic goals. As a result of that work a Mission Statement, Vision Statement, Values Statement and Strategic Goals were developed. These statements and goals will be the basis for the development of future budgets to ensure that our operations,programs, services and expenditures reflect the direction of the City Council. 3. Consider, and act upon, Ordinance No. 2014-18 of the City of Wylie, Texas, amending Chapter 74 (Offenses and Miscellaneous Provisions), Article I (General), Section 74-2 (Smoking and Tobacco Use in Municipal Buildings, Facilities and Vehicles) of Wylie's Code of Ordinances; Prohibiting Smoking in City Property, City Facilities, and City Parks; Prohibiting the Sale of Electronic Cigarettes, E-Cigarettes, and Liquid Nicotine to Minors; Providing for Repealing, Savings and Severability Clauses; Providing for the Publication of the Caption Hereof; and Providing for an Effective Date of this Ordinance. (Mindy Manson, City Manager) Executive Summary The City Council discussed different options for the restriction of smoking and the sale of e-cigarettes during a Work Session on March 25th, 2014. After discussion, there was a general consensus to move forward with prohibiting smoking, including e-cigarettes, on all City owned property and City parks. The draft ordinance also addresses public or private preschools, primary and secondary schools as well as hospitals and healthcare facilities. Should Council not wish to regulate smoking for those entities,the Ordinance can be amended. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. May 13, 2014 Wylie City Council Regular Meeting Agenda Page 4 of 4 WORK SESSION • TAPS Public Transit Update (Mindy Manson, City Manager) 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: CERTIFICATION I certify that this Notice of Meeting was posted on this 9th day of May, 2014 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. . Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY O F WYLIE Minutes Wylie City Council Meeting Tuesday, April 22, 2014 - 6:00 p.m. Wylie Municipal Complex - Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:05 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor pro tern Rick White, Councilwoman Diane Culver, Councilman Bennie Jones, Councilman Nathan Scott, Councilman Keith Stephens, and Councilman Todd Wintters. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Planning Director, Renae 011ie; Finance Director, Linda Bantz; City Engineer, Chris Hoisted; WEDC Executive Director, Sam Satterwhite; Public Services Director, Mike Sferra; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Former Mayor William Martin gave the invocation and Former Mayor Jim Swartz led the Pledge of Allegiance. PRESENTATIONS • Presentation -Wylie Way Students 3rd 9 Weeks Mayor Hogue and Mayor pro tem White presented medallions to students demonstrating "Shining the Wylie Way." Each nine weeks one student from each WISD campus is chosen as the "Wylie Way Student." • Presentation—Joining Community Forces (Texas National Guard Armory- Wylie) Texas Military Forces Family Program Specialist Kimberly Violett addressed council stating some statistics regarding veterans in the DFW area. She explained the purpose of Texas Military Forces Family Program is to give assistance to veterans and their families. Minutes April 22, 2014 Wylie City Council Page 1 • Presentation of a donation of new recumbent bikes by Wylie Advocates of Senior Activities (WASA) to the Wylie Senior Recreation Center. (R. Diaz, Parks & Rec Superintendent) Mayor Hogue introduced two of the board members from Wylie Advocates of Senior Activities and former mayors of the City of Wylie. Former mayors Jim Swartz and William Martin explained the recumbent bikes were purchased new, by WASA to donate to the city for the new Senior Center formerly the Smith Public Library. The funding to purchase the bikes came from events held by WASA to raise money for the center. Mayor Hogue thanked WASA for their generous contributions. 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. Bobby Heath representing the Wylie Downtown Merchants Association invited council and those present to the 25th annual Pedal Car Race in Historic Downtown Wylie on May 4, 2013. This event is sponsored by the WDMA. 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 8, 2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for March 31, 2014. (L. Rant:, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for March 31, 2014. (L. Bantz, Finance Director) D. Consider, and place on file, the WEDC Financial Report for February 28, 2014.. (S. Satterwhite, WEDC Executive Director) E. Consider, and act upon, authorizing the City Manager to execute a Development Agreement between the City of Wylie and Bloomfield Homes, LP for reimbursement of a portion of the construction cost of a 15-inch sanitary sewer line. (C. Holsted, City Engineer) F. Consider, and act upon, approval and final acceptance of the reconstruction of West Brown Street from Country Club Drive to Ballard Avenue and authorize final payment to McMahon Contracting,LP in the amount of$356,798.70 and accept the project as complete. (C. Holsted, City Engineer) Minutes April 22, 2014 Wylie City Council Page 2 G. Consider, and act upon, a Final Plat for Woodbridge Phase 16, consisting of 25.803 acres for 111 single family residential lots and 5 HOA open space lots, generally located north of Sachse Road at Creek Crossing Drive. (R. 011ie, Planning& Zoning Director) H. Consider, and act upon, Ordinance No. 2014-12 annexing a certain 6.210 acres of land situated in the Lewis M. Marshall Survey, Abstract No. 594 and the William Patterson Survey, Abstract No. 716, Collin County, Texas, being a portion of a called 23.014 acre tract of land described in the general warranty deed to Creekside Development VII, LLC, recorded in Instrument No. 20130722001018620, official public records of Collin County, Texas; providing for a penalty for the violation of this ordinance; providing for the repeal of all ordinances in conflict; providing a severability clause; and providing for an effective date. 2014-02A (R. 011ie, Planning& Zoning Director) I. Consider, and act upon, Ordinance No. 2014-13 annexing a certain 62 acres of land situated in the Francisco de la Pina Survey, Abstract No. A0688, Collin County, Texas, being comprised of the following tracts of land; a 1.500 acre tract of land conveyed to Dot Marie Kreymer recorded in Volume 5066, Page 02965, Collin County deed records, Collin County, Texas, a 3.465 acre tract of land conveyed to Crosscountry Villas, LLC, a Texas Limited Liability Company recorded in Clerk's File No. 20131120001562630, Real Property Records, Collin County, Texas, a 36.61 acre tract of land known as Tract I, A 0.49 acre tract of land known as Tract II conveyed to Crosscountry Villas, LLC, a Texas Limited Liability Company recorded in Clerk's File No. 20110812000853240, real property records, Collin County, Texas, a 4.00 acre tract of land conveyed to Crosscountry Villas, LLC recorded in Clerk's File No. 20130524000716080, real property records, Collin County, Texas, a total of 13.1309 acres of land and being Tract I (3.00 acres) and Tract II (10.1309 acres) conveyed to Robert Kreymer and wife, Phyllis Kreymer recorded in Volume 2967, Page 275, and being a part of a 10.1309 acre tract of land known as Tract I and a part of a 3.00 acre tract of land known as Tract II conveyed to Robert Kreymer and wife, Phyllis Kreymer recorded in Volume 2967, Page 268, deed records, Collin County, Texas; providing for a penalty for the violation of this ordinance; providing for the repeal of all ordinances in conflict; providing a severability clause; and providing for an effective date. 2014-01A (R. 011ie, Planning& Zoning Director) Councilman Stephens asked that Consent Item I be pulled from Consent and voted on individually. Consensus of the council was to remove and consider separately. Council Action A motion was made by Mayor pro tern White, seconded by Councilman Scott to approve Consent Items A— H as presented. A vote was taken and the motion passed 7-0. I. Consider, and act upon, Ordinance No. 2014-13 annexing a certain 62 acres of land situated in the Francisco de la Pina Survey, Abstract No. A0688, Collin County, Texas, being comprised of the following tracts of land; a 1.500 acre tract of land conveyed to Dot Marie Kreymer recorded in Volume 5066, Page 02965, Collin County deed records, Collin County, Texas, a 3.465 acre tract of land conveyed to Crosscountry Villas, LLC, Minutes April 22, 2014 Wylie City Council Page 3 a Texas Limited Liability Company recorded in Clerk's File No. 20131120001562630, Real Property Records, Collin County, Texas, a 36.61 acre tract of land known as Tract I, A 0.49 acre tract of land known as Tract II conveyed to Crosscountry Villas, LLC, a Texas Limited Liability Company recorded in Clerk's File No. 20110812000853240, real property records, Collin County, Texas, a 4.00 acre tract of land conveyed to Crosscountry Villas, LLC recorded in Clerk's File No. 20130524000716080, real property records, Collin County, Texas, a total of 13.1309 acres of land and being Tract I (3.00 acres) and Tract II (10.1309 acres) conveyed to Robert Kreymer and wife, Phyllis Kreymer recorded in Volume 2967, Page 275, and being a part of a 10.1309 acre tract of land known as Tract I and a part of a 3.00 acre tract of land known as Tract II conveyed to Robert Kreymer and wife, Phyllis Kreymer recorded in Volume 2967, Page 268, deed records, Collin County, Texas; providing for a penalty for the violation of this ordinance; providing for the repeal of all ordinances in conflict; providing a severability clause; and providing for an effective date. 2014-01A (R. 011ie, Planning & Zoning Director) Council Action A motion was made by Councilwoman Culver, seconded by Councilman Scott to approve Consent Item I as presented. A vote was taken and the motion passed 6-0 with Mayor pro tem White abstaining. (Conflict of Interest Affidavit on File) REGULAR AGENDA 1. Consider and act upon, a Resolution No. 2014-08(R) of the City Council of the City of Wylie, Texas, authorizing the sale of certain real property; authorizing the solicitation of bids in connection with same; providing for repealing, savings and severability clauses; and providing for an effective date. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed council stating that the Bart Pedicord Community Center is located at 100 E Oak Street. 108 and 110 N. Jackson Street are the two lots which comprise the parking lot North of the Bart Pedicord Center and adjacent to the Laundry Mat. Staff received direction from Council to bring forward the possible sale of this property for consideration during an Executive Session on 03-11-2014. The proposed resolution will initiate that process. Council Action A motion was made by Mayor pro tern White, seconded by Councilwoman Culver to adopt Resolution No. 2014-08(R) of the City Council of the City of Wylie, Texas, authorizing the sale of certain real property; authorizing the solicitation of bids in connection with same; providing for repealing, savings and severability clauses; and providing for an effective date. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, Ordinance No. 2014-14 amending Ordinance No. 2013-35, Minutes April 22, 2014 Wylie City Council Page 4 which established the Budget for Fiscal Year 2013-2014; repealing all conflicting ordinances; providing for a severability clause; and providing for an effective date. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed council stating that the Mid-Year Budget amendments are generally intended to cover unanticipated and/or unavoidable revenue and expenditure adjustments to the adopted budget. The detail is attached for those items requested. Council Action A motion was made by Councilman Scott, seconded by Councilman Wintters to adopt Ordinance No. 2014-14 amending Ordinance No. 2013-35, which established the Budget for Fiscal Year 2013-2014; repealing all conflicting ordinances; providing for a severability clause; and providing for an effective date. A vote was taken and the motion passed 7-0. 3. Consider and act upon Ordinance No. 2014-15 repealing Ordinance No. 2009-11, codified as Division 3 (Water Conservation and Drought Contingency and Water Emergency Response Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a Water Conservation Plan to promote the responsible use of water; requiring the filing of this ordinance and plan with the Texas Commission on Environmental Quality; providing for penalties for the violation of this ordinance; providing repealing, savings and severability clauses, an effective date and for the publication of the caption hereof. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed council stating that the City Council adopted the current Water Conservation Plan in April 2009. Title 30 Texas Administrative Code, Chapter 288 requires water systems to update and resubmit their Water Conservation Plans to the Texas Water Development Board every five years after initial adoption. During the preceding months, representatives of the member cities met with North Texas Municipal Water District (NTMWD) to discuss and revise the existing Model Water Conservation Plan that member cities could adopt, with minor modifications to fit individual needs. The proposed plan is very similar to the existing plan and should be an easy transition for water customers. Council Action A motion was made by Mayor pro tern White, seconded by Councilman Stephens to adopt Ordinance No. 2014-15 repealing Ordinance No. 2009-11, codified as Division 3 (Water Conservation and Drought Contingency and Water Emergency Response Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a Water Conservation Plan to promote the responsible use of water; requiring the filing of this ordinance and plan with the Texas Commission on Environmental Quality; providing for penalties for the violation of this ordinance; providing repealing, savings and severability clauses, an effective date and for the publication of the caption hereof. A vote was taken and the motion passed 7-0. Minutes April 22, 2014 Wylie City Council Page 5 4. Consider and act upon Ordinance No. 2014-16 repealing Ordinance No. 2011-24, codified as Division 2 (Drought Contingency Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a Water Resource and Emergency Management Plan to promote the responsible use of water; requiring the filing of this ordinance and plan with the Texas Commission on Environmental Quality; providing for penalties for the violation of this ordinance; providing repealing, savings and severability clauses, an effective date and for the publication of the caption hereof. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed council stating that the City Council adopted the current version of Drought Contingency Plan in April 2011. Title 30 Texas Administrative Code, Chapter 288 requires water systems to update and resubmit their Drought Contingency Plans to the Texas Water Development Board every five years after initial adoption or as appropriate due to new or updated information. The existing plan has four stages, and the proposed plan has three stages. Guidelines in Stage 1 of the existing plan are essentially voluntary and less restrictive than measures outlined in the always-in-effect Water Conservation Plan, so the guidelines in the new Stage 1 have been updated to be more relevant in their implementation. Also, the NTMWD recommends a change to three stages instead of the current four stages to be more consistent with other large, regional water planning entities in the area. For instance, Tarrant Regional Water District and Dallas Water Utilities currently have three stages in their Drought plans. Sferra explained that regarding implementation, the Drought Contingency Plan established by Ordinance No. 2011-24 shall continue to apply until such time as the drought contingency or water emergency response stage currently in effect under the Drought Contingency Plan terminates and a less restrictive stage is applicable. At such time, this Ordinance shall become effective, the Plan shall take effect and the appropriate water resource management stage as provided in the Plan shall be initiated. Sferra noted staff will perform public education activities by updating postings on the website, putting information in the newsletter, and by using utility bill inserts. Council Discussion Mayor Hogue asked if all member cities would be in agreement with this plan. Sferra replied that all member cities planned to adopt the new plan to implement later with the exception of the City of Garland who opted to wait until the plan is implemented to adopt the new plan. Councilwoman Culver asked where within the proposed plan it stated what the penalties would be. How will the surcharge be implemented and how would it be regulated? Mayor Hogue replied that North Texas Municipal Water District would initiate a surcharge fee to be used by all member cities. Sferra noted a surcharge in the past has always been part of the plan, but in the last eight or nine years it has never been implemented by the district. Councilwoman Culver stated that she was not in favor of including a penalty for Stage 2 and Stage 3. She suggested removing the rate surcharge from Stage 2. City Engineer Hoisted commented that the stages were a tool kit that recommends options to meet the city's reduction goals. Any option implemented would require council approval. Councilman Stephens asked why the city was adopting this ordinance prior to its implementation. Minutes April 22, 2014 Wylie City Council Page 6 Public Services Director Sferra replied the City Attorney had added wording in the ordinance to allow the adoption of the ordinance with a later implementation in order to meet a state requirement for adoption. Council Action A motion was made by Councilwoman Culver to adopt Ordinance No. 2014-16 repealing Ordinance No. 2011-12, codified as Division 2 (Drought Contingency Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a Water Resource and Emergency Management Plan to promote the responsible use of water; requiring the filing of this ordinance and plan with the Texas Commission on Environmental Quality; providing for penalties for the violation of this ordinance; providing repealing, savings and severability clauses, an effective date and for the publication of the caption hereof; with the removal of the following in Stage 2 page 4-10: Requires Notification to TCEQ - Initiate a rate surcharge for all water use over a certain level. The motion failed for lack of a second. Council Action A motion was made by Councilman Scott, seconded by Councilman Wintters to adopt Ordinance No. 2014-16 repealing Ordinance No. 2011-12, codified as Division 2 (Drought Contingency Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a Water Resource and Emergency Management Plan to promote the responsible use of water; requiring the filing of this ordinance and plan with the Texas Commission on Environmental Quality; providing for penalties for the violation of this ordinance; providing repealing, savings and severability clauses, an effective date and for the publication of the caption hereof. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor pro tern White, Councilman Stephens, Councilman Wintters and Councilman Scott voting for and Councilwoman Culver voting against. 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 2014-12, 2014-13, 2014-14, 2014-15, 2014-16 into the official record. Mayor Hogue convened into Executive Session at 8:06 p.m. reading the captions 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. a. Section 551.071. Meeting with City Attorney to receive legal advice regarding the following pending litigation, including but not limited to, any settlement offers related Minutes April 22, 2014 Wylie City Council Page 7 thereto: i. Cause No. 416-00942-2010; Wylie Independent School District v. Bernadette R. Reynolds, a/k/a Bernadette Reynolds, Barbara Ginder (in rem only) and the City of Wylie, Texas, in the 416th Judicial District Court of Collin County, Texas; and ii. Cause No. 429-02637-2013; City of Wylie, Texas v. Jose Francisco Luevano, Yolando Luevano, in rem and in personam, Wells Fargo Home Mortgage, Inc., Federal Home Loan Mortgage Corp., and Wells Fargo Bank, N.A., in the 429th Judicial District Court of Collin County, Texas. Mayor Hogue reconvened into Open Session at 8:25 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: a. Consider and act upon a Resolution No. 2014-09(R) regarding the abatement of the substandard structure located at 200 S. 2nd Street, Wylie, Texas; authorizing the City Manager to: (i) initiate a Chapter 54, TEX. LOC. GOV'T CODE, lawsuit, if deemed necessary; (ii) execute any and all documents necessary to effectuate the abatement, including but not limited to, any settlement regarding the lawsuit and/or abatement; and (iii) take any and all actions deemed necessary by the City Manager to effectuate the abatement; ratifying any and all actions taken and/or documents executed by the City Manager prior to the effective date of this Resolution relating to the abatement; providing for repealing, savings and severability clauses; and providing for an effective date. Council Action Mayor pro tem White stated there was a typographical error in the posting and should read Chapter 33 TEX PROP CODE rather than Chapter 54, TEX.LOC. GOV'T CODE. A motion was made by Mayor pro tem White, seconded by Councilman Scott to adopt Resolution No. 2014-09(R) regarding the abatement of the substandard structure located at 200 S. 2nd Street, Wylie Texas; authorizing the City Manager to: (i) initiate a Chapter 33, TEX. PROP. CODE, lawsuit, if deemed necessary;(ii) execute any and all documents necessary to effectuate the abatement, including but not limited to, any settlement regarding the lawsuit and/or abatement; and (iii) take any and all actions deemed necessary by the City Manager to effectuate the abatement; ratifying any and all actions taken and /or documents executed by the City Manager prior to the effective date of this Resolution relating to the abatement; providing for repealing, savings and severability clauses; and providing for an effective date. A vote was taken and the motion passed 7-0. b. Consider and act upon a Resolution No. 2014-10(R) regarding the abatement of the substandard structure located at 705 Jackson Avenue, Wylie, Texas; authorizing the City Manager to: (i) initiate a Chapter 54, TEX. LOC. GOV'T CODE, lawsuit, if deemed necessary; (ii) execute any and all documents necessary to effectuate the abatement, including but not limited to, any settlement regarding the lawsuit and/or Minutes April 22, 2014 Wylie City Council Page 8 abatement; and (iii) take any and all actions deemed necessary by the City Manager to effectuate the abatement; ratifying any and all actions taken and/or documents executed by the City Manager prior to the effective date of this Resolution relating to the abatement; providing for repealing, savings and severability clauses; and providing for an effective date. Council Action A motion was made by Councilman Scott, seconded by Councilman Jones to adopt Resolution No. 2014-10(R) regarding the abatement of the substandard structure located at 705 Jackson Avenue, Wylie, Texas; authorizing the City Manager to: (i) initiate a Chapter 54, TEX. LOC. GOV'T CODE, lawsuit if deemed necessary; (ii) execute any and all documents necessary to effectuate the abatement, including but not limited to, any settlement regarding the lawsuit and/or abatement; and (iii) take any and all actions deemed necessary by the City Manager to effectuate the abatement' ratifying any and all actions taken and/or documents executed by the City Manager prior to the effective date of this Resolution relating to the abatement; providing for repealing, savings and severability clauses; and providing for an effective date. A vote was taken and the motion passed 7-0. ADJOURNMENT With no other business before the Wylie City Council, a motion was made by Councilman Scott, seconded by Councilman Jones to adjourn the meeting at 8:29 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes April 22, 2014 Wylie City Council Page 9 Wylie City Council AGENDA REPORT Meeting Date: May 13, 2014 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: May 5, 2014 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, a Preliminary Plat for Dominion of Pleasant Valley, Phase 1. The Plat will create 210 single family residential lots and multiple open space areas on 63.823 acres and dedicate the necessary rights-of way and parkland dedication. Subject property generally located south of Sachse Road and southeast of Creek Crossing Lane. Recommendation Motion to approve, a Preliminary Plat for Dominion of Pleasant Valley, Phase 1. The Plat will create 210 single family residential lots and multiple open space areas on 63.823 acres and dedicate the necessary rights-of way and parkland dedication. Subject property generally located south of Sachse Road and southeast of Creek Crossing Lane. Discussion OWNER: WYLIE DPV LP APPLICANT: JBI PARTNERS,INC. The property totals 63.823 acres and will create two hundred ten (210) single-family residential lots and multiple open space lots. The plat shall also dedicate the necessary rights-of-way and utility easements. In accordance with the adopted Planned Development ordinance, the Landscape Plan is submitted for consideration to comprehensively address edge treatments throughout the community. The subdivision was the subject of an amended zoning case adopted in September 2013 on approximately 287- plus acres to allow for varying densities of single family residential houses and public open spaces. The Preliminary Plat complies with all applicable technical requirements of the City of Wylie as well as the adopted Planned Development provisions including landscaping features, screening elements and amenities. P&Z Commission Discussion The Commission recommends approval 5-0 subject to additions and/or alterations to the engineering plans as required by the Engineering Department. (Rev 01/2014) Page 1 of 1 PRELIMINARY-FINAL PLAT FOR REVIEW PURPOSES ONLY ii. *SION FLOOD STATEMENT; LEGEND I " )73.) I 1 SITE According to Community Panel No. 48113CO235J, dated August 23, ----- , s f `1N3 z0 r � I 0 2001 of the Federal Emergency Management Agency, National Flood POC POINT OF COMMENCING ,,- 0 I POB POINT OF BEGINNING \ _ ^.a ci Insurance Program Map, this property is shown in a special flood IRE IRON ROD FOUND -~ �\ ".L", ° 1 - a�� hazard area. This property is within an area identified as Zone AE. If IRS IRON ROD SET Iy '%P`r - J �dslov-(2) this site is not within an identified special flood hazard area, this flood ROW RIGHT-OF-WAY 1 ;,%� °� / aN statement does not imply that the property and/or the structures BL BUILDING LINE E1 WOODBRIDGE XVII, LTD. thereon will be free from floodingor flood damage. On rare occasions, .. WOODCALLE XVII, LTD. g HOA HOMEOWNER'S ER'S ASSOCIATION 1 /< TRACT 2 - CALLED 20.7879 ACRES . d TRACT 2 - CALLED 20.7879 ACRES greater floods can and will occur and flood heights may be increased / O.P R.D.C.T. OFFICIAL PUBLIC RECORDS COLLINA COUNTY TEXAS 7 / DOC. NO. 20121221001630240 • •A- DOC. NO. 20121221001630240 by man-made or natural causes. This statement shall not create O.P.R.D.C.T. OFFICIAL PUBLIC RECORDS DALLAS COUNTY TEXAS ' / �/��/ O.P.R.C.C.T. :. ci O.P.R.C.C.T. liability on the part of the Surveyor. ''\ , " °' q- BLT __ _ __ __ -- _._ --_ _ - _. _,. _ _ ___ - _. _ COMMON AREA TONEDEDICATEDY (PER THE CITY -O ) ,j �\ �-... Ail. ' rri c 9LEMAINTAINED HOA - \ ,c, / 0 .LT _ _ _ WYLIE AND BY ORD 2013 37 slch-E80' CABLE _ _ --- a 1 --ND- .... ... -- ___ _ .__ - _asaHALk voL, 5569`WG�35 a e.o.c.r.,.,/q ,/ VOL.�55ee, Pc. ass a.P.R o c T _ _ - lilt ._ _.. cR.. U' I I - ` , \ / rr � 5 _ BCE- . - A.f E TR � __ _ 1 GiB . it pia 09 . _._ -_N4135"T&,�W-i5:6J rouNosf 14JJ6_. . e� - - ...- _"" - -. < , -_ - av _ _ aa� aaeetu WIDE FENCE s P 4 THWEST ROW pOF� - _ crn cv .. - AKE MONUI'EN.-p , „ as ,---- ,,;. ,•... _.V •,- 03 , ,/ PP\ '-- �-- /PP a , Ott . /.� - - � ' - -- -VARU+BLE,[tO-w._DEOIOATON_ ;a/- _PL.EASANT_VAtLEY RO(+D ... __ _ _ ' \ l_ / N442.5-21t4 64:. _-- - - - --- - _� ,,, \\ VA 14BLE fi!.O.Y E,DICATION __ _( _ w_ - _ - .--_._.:-- �- _..._ __. - ' - . . i.. - yam - - _ - - - 1� _ -.. _ RAY __ ___ �:-_. .. ... . - _ - - - _ - _ - - - - _ - - caUBBARD' " 1; - _-7 =/ - - r ,�J. T " ' " 79 3T1 sN441b"36ti OPEN .SPACE W / \`�_. _ -._ -,c __. �<. _ _ '� � ' s EMENT TO _ <�BO UGL m- _. r _.cr cR�TE\ \.'`. / F 'S43'S428: 177_34 . /, / - W / / BLANKET ':/ r A'%$ i... 26`231 / / W-,LP - _ I i / ,' ,.R , . SEE NOTEK Q / voi�N 3s ac„,„P Arrti.r. / " /.. ' /" 4a As Nrn cas 1} r'ouw tN7 I \ .� - / ' // / \ / /" ,, \ / / t -�y f/ _ , I -' / N44%ib0"E/ 41000'� / - NL�4'7100 E . Z' 260.00' 1� 30' EASEMENT - -. / / / / , ,/ / /, /, i f o' { I460.00' S0.00' 50.00', 50.00' 50,06' o to \ - 3\ '/ /', i/r�( / ! / z /.'' , /; fd0' w ,1 I ( k w w B ,(U w / O / 1 r/ To LONE STAR GAS COMPANY \ �•" ! / 50:00' 50.00' S0.00' 50. W.00' S0.00' S0:00' 60.00'' N 4 f- VOL. ssse, Pd. 3se o v a.o c r. -� OPEN SPACE / w w w w O w / w - w - - la c4 / LOCATION MAP Z p U VOL. saa. Pc. 376 o P a.c cT. -- \ n m . a o -,.,3 o a o a o N / N / 1 _ mow o.� `i/'/ r - I 'LP r \ -- (5EE NOTE 3) 0 0 8 0 0 7 0 15 6 0 0 5 0 o g o 0 3 q� 0 2 o 0, 7/ m m / 1 o c, 2 .2 d 3 0 ,/ 4 37 o 5 o NOT TO SCALE ry o N �i. n M o/. / f / "/ i / / / m. o, ✓m b, o m ©, m o fn o m o r e ro/ ., 0 d o o /e d o /' f 059 _ - i / � � \ �"> N. \ 6r / / / F / \ �\ " � ✓ � i / / t0 .t0 �' O ? < d' /Y d' N N `r N/ N No / ` / \ \ ,!� N. / // 's sroav r ,/ N N N .cv N c`! In In .n / . O- / \. . . " /' / !/ HRICH & ( i ,'/ ,' / N. �0 ,n �n vx in in / I r N ,5'1}.E.N 20'Bl UJ i N / / _ w / / / � , , srouv / a a v -v v / v vT L .It� ,/�Lt // GRAPHIC SCALE CJ O r \ L In ,'�, • ! SIDING '� N f° 5'U E.N N �' N�� N f° to / SIRS / LRAMe n6U5E /� �00' SO.o 50.OQ �O_&Q /1/.. r / K z ./ ; I N065E v / ' -/ 50.00' T 50.00' 50.00' -50.00' 50 002_50.00• 50.0� 60.00J _60.00' �0- _ N 44'11 00"E / / V 436. 7r >, / IRS / +oo 0 w 100 200 0 A �/ IP / ( s, n / N44'1Y0675 / +oO o RI / 1 L2 -120.50' O WYLIE DPV LIMITED PARTNERSHIP �v 2v ,� r/ I , 1 1 , ', I v N44%Yoo"E - DAYLILY D 2st.00" - - i 291 po' • ' �/ � /� o CALLED 80.178 ACRES / �t / 1 ' ` ! v . , 290.50' /55 / 3z.a5' / / / i z5••'" // DOC. N0./ 20131029001473060 v ' / ! _ / _ / - LOT - �a/2a 0) ��= -i21i65E--1 � - IRS 2.- IN FEET N44 s' 8"E eoO //, ��z(� - aoa.2s' o o, OPEN�j� mt a>.BLOCK / m 7n ur. -'1- q(` s sL / ( ) IRS aPEN SP L'T��J" ra' 21� CJd".PACE LOT 41. BLOM G / M N y/(SEE NOTE 2) 544'ii DO"W N peWCKE(SEE NOiE'2)Mp 158E �O Cj �� C 111°76!3 A, - LT_ / saa'tl'.•"w (xL NOTE z) saa•, %w"w saa7t'oo- ;a41190'W 5'U.E. ti SUE. 1 ` 0 1 inch = 100 ft. m LOT 9, BLOCK A cHn1N.oNR-rE-NCE �' o n o 0 DOC/ NO. 201300334382 L1 ' -0 . Lp / 15 Iv 149:7T 155.22' I // 0 120.5d' '�:0 170.50' 162 1 120.50` 0�° N44'fi'00"E tO ! 'otO S44'i i'00'W/0 4B4`` O.P.R.D.C.T. L18 � 'b ovAO< Av 'ti � r `{ LP, I 1� J mm1 v I ;BPI o to I - GENERAL NOTES: . s- _ 1� I^o 4 � o / i o L36 0� i of so o WYLIF�D�V LIMITED PARTNERSHIP o 4q� �` s u. ' ' v 1 1,� /sss 2sa,� ° 4 ss3ss44w �l hl71 o s44i1'ao"w o sa4%1'oo"wl h o.50' to �o 12aso'/ a co ,'344.11'00"w h I �.o lzo so' sa,44^i1'oo"W o / 2 00 / a o CALLED 80.178 ACRES 1, SELLING OFF A PORTION OF THIS ADDITION BY / ao' 4O' `s ao-. ' , 1 /,�� tz,.o W lzoso' ss3°zo• 1ss.z2' to 0i/120.50' oo -o �0 1zo.5o' o0 s44%1'oo"whl h s44%1'oo"w cos DOC. NO. 20131029001473060 METES AND BOUNDS DESCRIPTION, WITHOUT A / _ F �, 1 i - - W o r w o of h2oso' aP.R.C.C.T. ,- / ' REPEAT BEING APPROVED BY THE CITY OF WYLIE, IS a \ r ✓ NSo n• S6 o ro 39 'n 544'11'00"W / o co T 35 D o i 2 o o 26 / f-a-8`18 01" - _- o - 4P \\ / 1 mow, (ln - b(� o ,' 120.50' I-o f O 1 t �' �, , I 6l 15a.�5• 2 0 sa4%1'o0'w 3 3 o A V OLATION OF CITY ORDINANCE AND STATE LAW / - - o' o iss.z2' / a s44%1'oo'w s44%1'oo'W o/ o 0 0 o DOC. NO. 2 01 3 0 0 3 34387 / R=950.00 m o� _ . q / 64 q0,. ,ro W554, In A fig/ mo �.� w o a� 120.00' '. 0 120.50' i' oo t 120.50' or�i o�) ,� a to r M O.P:R.D.$.T. / N AM Irk "OP i"� -' / ���,� HVRN �� , lz "W l�h 72o,I W / o ;, �� q. s44%roo'wl Is44.11'oo"w r - AND IS SUBJECT TO FINES AND WITHHOLDING OF L=303.43' g• (1 o �- o.• 5p• s5 ' 7 , 3 to v 34 ¢0 3 •0 2s 5 .•Lr. ( / T-153.02' o LOT , SLOCK ;A �,+ ,. P\' h o , 7,/ 2s"W o ,/ Q. I�Is44%1'oo"w /�� s412050"wl� Is44%roo"w �g lzoso'/t'ol to 12oso' q UTILITIES AND BUILDING PERMITS. M' CO if `U i 1A /ry O `/' / 72 N ('� I / I i 1 - / m ,^oo �S(SEE dT{ 4) A vGti >' l , - 3. 12 3 o m 4i 3.:2• S449 i'00'/W QI w ,L _ u 4 to W w b "' 4 W / > » 11 110 u- ,. 7 �r ?3 667G1 / �/8 46 38 0,' 15522% b Colo 720.50' / 00 720.50'� �� )[ 1,7 i 1v; 120.50' o,n In1 Q o 1u> S44%i'00'W - i / ,I A ; CB=N36'26 55 M/ Lr�.No �Q do„ e �,', V.� 1 /- g• 4D4 /2 U4"W/N t`r a q; 4 to V ="10� 0 ° 33 ; 00 4 0 = S412050 ,�` O / 2. BLOCK E, LOT 28-, BLOCK F, LOT 37; & BLOCK v 's�'.` / ' N. ° o / IS4a%1'o0"w s44%1'0 'wl� O m � 24 r`o 1zo.5o' of �: �o) lzoso' o O / <o ' G, LOT 41 ARE COMMON AREAS THAT SHALL BE CH=302.14' a s' F �v �/ ' / ' � ` �� a000 iv h a ' / O S' / / S•2.s4'4¢„ o 544%1i00"w t I I n I . s OO� /,n 1n m w . S44'11'00"W/ o 0 0 0 r� / 5 0 0 0 01 / , c DEDICATED TO AND MAINTAINED BY THE HOME "-� �� / / /. .(, / `yv .S" 71 9 18'-v / c 7 W N a 0 120,50' •o 120.5 8 u, 120.50 - o h a In ,n / � vc, CD 0) l �,,➢ „/. / ,.,, - Go sq. :� �z• / /n/ ss.3o, 15Y5.22' la 181 i3z Op to �lyal din S4411.00"w I M ( Is44%roo" I �, . .. , OWNER'S ASSOCIATION, THESE LOTS ARE NOT Z / - d { 0/ 3 , i' •.hh 2s, of o m o 0 0 7 0 23 1 in a 14 � i r " 6. --��/ 12p 'dam 5 10 �' ,nS44'1i1'00"W iO ip 544'1 00"w � b �o v�720.50' col to lzoso' 0 �, P�/pry INCLUDED IN THE OPEN SPACE TABULATION. N271754 W so 'SO. s4,a%roo"w ,J / s44%roo' o s o of 6 ��ery� LPL a" U r .� i '1 /d �Sd-,-16 O �y 19 /, / � 'se. 1 n Io 120.50' '.0 1 0.50' 1b /( I 120.50 : . o �I / I to o V1 � / v+PSo-_9 _ S � � v A 9,�.93 � `v -�`"� ;1i ,saa- . ' `7" �s3s %"'/ /Im°�sa,. s44%1'oo"w / * �, j'1ss.zz� to ��II lol 131 0p 6 to ! F31 22 o'" s4 'lroo"w� � Is4a%y'000,'w o 1 L/ 4o°tNo. o / i . 3. BLOCK A. LOT 9 AND BLOCK B. LOT 22 ARE � � / �162'42'O6"E ,Rs . s g6, -� Sa /j z0 sQ, ,�� 2�o •zs,. /o/ / N6 a8.4o a1.z5 ys ; l� I�'I s44%1'oo"w s4` it oo wl� �IS44%1'o6"w �0 1go.5o wo11 jo ❑ / d=43'p4'07" ,o��A // // / OPEN SPACE LOTS THAT SHALL BE DEDICATED TO �v N - �� o s oo. g s , �/ /. s s44%roo"w 7 ?id d 7 ! THE CITY OF WYLIE AND MAINTAINED BY THE HOME 64 a s s o a �. oso' ao 2o.so' wlo o � I 8 / R=134.50' ao � t ,, ! 1/2. 155.20 3 s66g°sE ,, / � '_ - ' ` !��- ; -- - .- 8 ss„ 20 /v// .W ws�.0 142.51' wNo1 101 00 �,0 40l 1zo5o' o•, s44•�roo"w �' s44'1 t'oo"w / / / OWNER'S ASSOCIATION PER ORDINANCE 2013-37 o LANTANA �. h M^r �' > _ �Id ai /' 30 �Po of ofto Io 1 \ / IRS - / •v '6� `t'-, `s ' by - @ -a , / / 30 �',,- 1'Y544.11'00"W 44'11'004W 1O -0 ,U o 120.50' 12D 50` L=10Q.28 / / pp+ n �.w, � / /`" (SEE EXHIBIT B, GENERAL STANDARDS N0. 4). h r� / - .-5�� S, 8 an O, S /O/ / /ro `V 35 a A W. 544711 o0'W °' n S4160.50"W t 8 8 11%z" / ,j / V A in i. v 66g a" . . v` S �n /L/5 / p o m M 120.50' 120.50' p ih0.50 Pc) `�' �� y� v„ IRs T=5 .75r / V A °c ,sv ,/N l /��8• r 57 Bp 5i m -rTa 9- _ p',��, dg_ 21 / -�z°e r.� a �N 8 A 34 12o.50" �r / ,'o 8 a n o �5393618"W 1 Im W a" , n /' '% / 4 ^+ 57.60' 57.60' S7 6o' g4E5� g 7 o ? , � /--4 r'm I 29 , lull 1. ( PO o -6 33'vS 21" CB=$6T36 04 E/ y,1�+\ 4. BLOCK A, LOT 10 IS TO BE AN INTERNAL OPEN y g w ,!}/ zoe�w S.�E +.w' rLN "' ,��o a7 _ �,: -, - _ / 3- .E_ _ A .8 to /' I',n w m o / (� / ' SPACE LOT WITH AN AMENITY CENTER THAT SHALL \ \ 2 2 _w - _. _. . . o N. �5 sr.zs. 4 u\ 55 ,µi 0. S40'ST42"W CO �1540��•50'28 W - S39'So9'��•W (rn1 ; w E120.�50 i�i Imo- \ p 50 i • �Nrn.\ e s6 3j,• �7 / 1 a o ,� - �, a _ �. o 6 37, o-uw° ly� s ' -22 ° ',v� �R��e -17 o -/ 28sAs�9 0?� 12oso' />I �,I ^ �, 12 awl s3�2o.50• o ,b W 12 CF{,=99.83� --- BE DEDICATED TO AND MAINTAINED 8Y THE HOME \ \ S� O q�, /' ,o , 'V A A O .a 7¢01585,E /ry N N 2 v o,_3_ c- o y 5 0. : 6 J, .� /,5/ ! / � 2q TV Al,ol lol 28 : w 9 v_i d+i '0 46'53" \ A 'oA 9 1/z. / S89'2 '07"E/ /� I�. -ar 4 ,- e ' 30' IRs OWNER'S ASSOCIATION PER ORDINANCE 2013-37 y /V oa o; N -✓ v, h w� 83 o 0 -)- m . 5:. 118 23 0. /h / /'�s� -343" -EDBU1a A '' s' 9 1'w 1'g W - N WI o t9 - 5 p5,1 s 9 N I SEE EXHIBIT B, GENERAL STANDARDS NO. 4 0 S . i 55' ro \ N oA6 / e / 1 1 t0 `° $ o ^ / / ti c 5 0 /% c- ,° ' 37• -836' 35'20' V i 43 W 12 t 0 , :oA o \'''' O 0 'S J / U s / :_ / 5 J � a i rn 4'W`�' i 46" -to 5 01" �\N \� 'S 3 O n- 40.0'3r / / / o l �• S �S m 33 120.50' a•i i27 ro 12050 CPV / AO'' S30° 50 , o . A-' omAAA ,yq' S'U.E. ` /z' / /�/ _ gso�O v N ;o ', s5s2B•I• �7�;/ 617t.03' `" _ e� s� ao s /. S' �627 r PA$$ , /I - i,R i 31 120.50 -� \p 1 �20. o . 2e p O - V s v - 4�`8 5. GPS COORDINATES ARE RECTIFIED TO NAD 83 V A O N i2s,44sW l ( I s'u� so.29�26035.�1' 8.36 74.28' 74.55' S755 �, N N 24 `so. ?;i�oi�/ � . �// 9 0, zos`/ se.st'1// 10 ill 1'pi 4^W QF .ho1 W "- \� 18 " , o-u'. 521`'3 Sd �,� '>z\ r ip.7'/ t / / , / �E���o0o° z�S�T STATE PLANE COORDINATE SYSTEM NORTH CENTRAL �' 29 58.94 SZ55' S s, v ✓ 64� ,y9 / 1 yh. . 5U,E„ - 1 9"W V '06"W - . .3'04'b n N_ g30,41 QV A vA 0A W v2p wA \r s // / P " eP "v ,v A 1 '1 Z a 4 �� hl 1 !14,1 wI m / ' N N 25 so. �� �/ •• T Eti °. / su.E. B ,�> w.. I , (-'�s35°3s'2 _S34.31 50 w o Aw / 4\ �a s �1 S o- I a � o TEXAS ZONE 4202 (FEET). \ led, N o , o y. o _ 30 _ w w N 26 oir W - F /Oi3i /<5 // 49. 2 `0. 8/ 0 r, �Oi / `4 120 50' �v 12050 .n?i 03 120. .� 325 5 � Vrn3523 p 50,r o 0 O°W V- V N'.w// i/50O'3e5_ W vp4' 7 ge,.%"o),e-o \ \ \ \ t-:l ' n N - ^-n; / _ / VP \m( 26 - \yr 17 \ f \2 , O.u` p8 (�M,L� o ti} ,. e - 4' \ S52'77'45'"W /wI I ry �` 1 'v' 'n .n `D ,n o 0 o N. o- w" /�i i y / `ge °:�"s, yti / 0 7 / M' - }1 W O s �Y'Y rye_ ke�P�^iv l \� ' a c ry ri o o 'o 27 to N / 7 4 ,o °' o. .- m 11 -3� r 22 w- 55 W i \ 1`7 s ^i 5 \ - S s , '. / 1 o ry ' a, , 723.59'1 / 32 ' n n 31 S" N 30/N 29 N o 228 o- 33 .> 114 .934 i / Ev n A i•r�,m 32 m 4j'W\ \ . 52912 n N 6p� \� 11 ,T. 5X 'Lo' � S /z' / / o F. c, <+ - co I \e ` M N / N o/ S. c.± _ 9i R dt / M 5'U.E ," 1i •d'i'' W 'M17 5O' N. 52 p A v \.� N5 p`L So N 72 �3 'ss� �J,p3\ as - /// �rTO<'ev+dPe/ ..,. 31. 1/' a r. 1 h V 1 - _v v 'n 5'U.E 53' ' i / as. m t1�� A� ifi 39" >- 0 A \ 1 12 /N 0. n O 9�13 O7 E E31 ' 0' 12 5 /A -A. rnA 9' 0 'o '0 v > " o / - a ! 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A / / / i , _ :5 532 ` 4, A p 80.0 Q �. ;� o S 'I 9 h A o 'lY / - ,/// / Q, �',_ --'-- 000' i i 050- _ CB=539'35 52"W -3 '_ems ♦ %C�48 04' __- �• i, 16. /� waoo P.. .,r\ h%1, i1w rn ,�A9 vsA \i SO ,LO 1Vr r ? 5 ��/ / /� / / ALHN AND CH ER/fL STUFFY i ..c '' - � ic° 12 / .� , ' r L1 >,ah ' S'LLE. - 6 $gg. Obi/ V�' S,$ Sp 'ws A5h So Aw 20.�0, A ?- 7 / / / / / i /,. .LiMrz of w=T yAN95 , AV ,.., / mA 1/2 ��.0� / ' 0w LPG - <20' `' {Lo' \sV \NN 5O`i' O 2 .�/ �� y VOL. 582$ '/P G. 988 21 N.` GH=171.41 �� s 5 /� • 4. Zr. \N\ / 5a 5w. '� r / \- / las -y h � - Poi, so - 3- O N - A 2 W . �s. - - � C . TV A O •er •Avg ° qJ / __ •_ / 311 + 11 / r; - , /\� ,4ffl \.a 0 4 , � ao OB ?cm,- EQ. � �� i I � s 27 6 h s Axi.9 ,('L . ,yq / ./ / / i / O.P.R,�.C.T. / 1 \L� / � \ ,� QQaA. v`m\ `\526 p5p- / L1't - �./ ^ N i aP" .� o �A 5� w s 4�� 'oo Aww. / O� �' / EC) // / / i r r / / V / /. '� \ l2- �. '1 12 1/2" // h �._ m N g o z \g4 fl �' . 12 13 A go 0 �/ OO oSo / // / I� _ / / l / j//' /A w\ N. 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O z°. ° °a. f / i T-36.08 43w P a �/ v v / ,2q vv" Iv a } ! ti ) �wOo Pas ,M,r i s\- - / / / O' O' v "" " / / I \ ;�.� �_ 7 w \78 \ _. 8 IRS 1/L' 7 / / 5 046 5 ^`L s w orr . 1 / ll, „ s CB- 79'02 491E 0 O 5 s 21 �E 5 . L7IR L6 / yssv O� d �. j , � � t= 5 � v $ �Sb Vi\ 0 �,n5o5o CH=662.43' ; s g°�, ;° ��_. `� / // y ' v n 23 02 0 d tO Cs9\ \ ,k a , n= oto1sa�5'27" �. \sue; 5• � o �` i / - PRELIMINARY PLAT \ ��T' 32b,-fl6' , \ - '7 ." �s° �o "`3�5� .'L0. 6 64, s I I / - _ - //'/ \\�`� •. z2 7/ _ O/#Q / , s o s R=1178.00 [, ti9 C6=N64 S9 07"W\ Y _ o \z a. y r '' , ��` \ M1� ° \ s `� " o`` / - - - / / ' / \ °NA9 '2 P / / // WYLIE DPV LIMITED PARTN E/R /\ CHa-613 '48 a I ' \a:,\ \ore'3 �^ s l / L 37rs5 s ���, DOMINION PLEASANT VALLEY i _ _ _ _ _ I _ v -- b• o-- V A°' " y5 - 4 / , / _ / / - / 8 ou - / / CALLED 139-871 ACRG`Sv o OF PLEASgA Y 7 -- -/ - /�_ ���� �� /e' / A eA Ahti ° s>I , l / " l I -/ C�=h180'20'24"W I1.s sso, /�„/,,.// DOC. NO. 2 01 31 0 29 001 4 U99V PHASE o �' v. v 23 ACRES OUT OF THE / �� c, <V %4 ' h ®,� s>> I1/2.. R=724 50' / CH=370.4Y' 'Y 9. a,' 8 �� �/ / - _ _ � DOC. No. 2013003'34,378AT 48 / _s a o T=63:40' " GUADALUPEEING BDE OS SANTOS SURVEY, ��1`41(6 9N 4 13 ^' L=126.48' 2�. Cr Iv a• O °o ABSTRACT N0. 1100 (COLLIN COUNTY); WYLIE DFV LIMITED_ PARTNERSHIP IRS Z orb , „sy N `12 m h CB=N62'41'47" ' / / / / / t i -�`-qt\ 4- \V / / / & ABSTRACT NO. 1384 (DALLAS COUNTY) z . o v , , / / c _ / / CALLEa 13�5 871 ACRES ,/1� / / / s o� v / - / /� / ' DOC. NO. 20131029001473050 -"j�-1-3 'tO" - rV /s -A s�0 � i ' / / / �' / 4'2. / / / o.P _ a v , �; A �2, CH=126.32 i , / / / / % •� / /i CITY OF WYLIE LINE TABLE R=784 50 Q -b0 p o, j� 1 � I / N57 41' 3"E '/ // / / / / •' - - Doc. �0 201300334381 , I / / , // /i / COLLIN COUNTY AND DALLAS COUNTY, TEXAS LINE BEARING DISTANCE O P R D C T. L=185 34 ! �,A / 1/2,- / 35.8� / / . ele I , / / \ ' / /--/- \ L1 N4411'00"E 13.50' // ' '� 2 �' a IRs / 1/2 Y , 7 / i=931fl -� �� s Rs �. v - _ 210 RESIDENTIAL LOTS PER ORDINANCE NO. 2013-37 L2 S45'49'00"E 50.00' i / - o- O V' �83 0 / / l / / /// \ • 0�.. L3 S08'46'10"W 103.45' / C6=588'25'23?N IRs )O y ^ 3 h O T RS r 47'43" ./ i / / /�/ so 100'• WATERLINE LSM f. ro G�9 `' / 3 , -.- a O -14/ 86 W / / / MNw NOR PI 1/0AS MUNICIPAL WABETt-- L4 ' s05.32146"w 60.20' CH=t84,91' ° - - , >s - - o) 5U.E. /' -ae S5.86• / / / / �/ / VOL 4456, PG- 461 OPROC1'. 4/4 OWNER DEVELOPER LS $1432oo"w . 45.03' 6> ro 4 �� 6 • ,zB3 � ` ( //, / �,,�Oo� WYLIE DPV LIMITED PARTNERSHIP L8 636'09.45"W 45.03' / / .S>. `V o' ri - w >. - - / / P 2j ® � t s o / , oEsE.e v=il ♦ / /' i �Oy c/o Team Phillips, Inc. (972) 385-0909 L7 65525133"W 52,67' - y / _^ - / ,w 0 . IRS /� / 0 / L8 563'OQ'38"W 55A0' / �'� . " 6>s�, ,h 6' h o , T - � `V / / // / /� / �� 11700 Preston Road, Suite 660-412 / 0=23'S7 35 v^' / " 0 7 20 0_ a�/ 'V / / / / / zo Fool wA-en;.wE es�T„To L9 57333.43"W - 58.03' // / 625j/ m ti / r / ,^ /� / NORTH TEXAS MuelaaAL WATER Dallas, Texas 75230 ' 7 _,/ VOL 99168, PG 2115 OP.RO.QT. LI0 $8431.34"W , 52,76' / / R=904 50 / / n 8 pL ^ /, / / VOL. 4480, Po. 2423 O P A.c.c.T. L11 N85'05.47"w 55.40' // / L=378.24.-- _ _ __ 6 957' ,/ •z,00 / �� rto .40. '`, ///� / _ `� JBI PARTNERS, INC. ENGINEER L12 N74'2T55"W 55.40' / - T=191.93' / e '0.00' / / L13 N6s5536"w 56.0e' �2. 16301 Quorum Drive, Suite 200 B (972)248 7676 L14 N613z'37"w 78.94' CB=S69'40'30"W 1/2` /� --\ Addison, Texas 75001 L15 544'40'56"W 42.25' / / CH=375.49' r IRS . !'- A. TBPE No. F-438 TBPLS No. 10076000 us N4ssro4"w 25.22' / S5T41'43" L17 546'46'51"W 42.51' / / // -_--- •// 87.00' �• / - -- RESUBMITTED: APRIL 4, 2014 L18 N4535.55.W 5.04' // // / �� / V v SUBMITTED: MARCH 5, 2014 Sheet 1 of 3 L19 544'50'18"W 12.50' / /' / - PRELIMINARY-FINAL PLAT FOR REVIEW PURPOSES ONLY PRELIMINARY—FINAL PLAT FOR REVIEW PURPOSES ONLY ,—I '>a � >// SITE /— \. � 1-1 /t/iiiiii, ♦� / L / / / 'V- ATERONE ESMT_ PO se/ / NIHwAS MUNICIPAL W41Tft3. ` /7 / garryn )� ♦ / / / / // / PG 461 O_P.RDC11 �,, LEGEND 11 )/ 9iS / / / / / / / POC POINT OF COMMENCING �, /.." „r \ / / / ' // / ///�i rvo6tHoiezns MUNICIPAL watER POB POINT OF BEGINNING �_ fIRF IRON ROD FOUND ' / �� VOL. 44OO, PG. 2115 of R.ac.T. / S ♦ I i /1/ V / IRS IRON ROD SET V 1 RS / I / / wE a4ao, Pc. zarza oP e.o.a2 \ - ,� v / ♦ I 1 I 1 /,/ /V'/� / ROW RIGHT-OF-WAY / /. . / ♦ i " / / / // / BL BUILDING LINE 11P / _ � ♦ _ 122'515 10 // / //' / / \ HOA HOMEOWNER'S ASSOCIATION \ �� / ` ��/ ♦ ♦ I ' / -// / y 0 P R.C,C.T. OFFICIAL PUBLIC RECORDS COLLIN COUNTY TEXAS } `�, f / / / , A 0 P.R.D.0.T. OFFICIAL PUBLIC RECORDS DALLAS COUNTY TEXAS }'� - / // I^. '1 I,=77213/3'�/ / -_ COMMON AREA TO BE DEDICATED TO THE CITY OF (\_'�/_ / _ 7-NA V / VAi AA /�/ / i l RAY / / ♦ l y w T 66'Ic9,3/1 1 /- - - WYLIE AND MAINTAINED BY HOA (PER ORD 2013-37) „ UBBARD ( ♦7 �107 03'38" / g� C8= 60 ff 42"L / / T / ) / t' R=300.09 C 76 .641' / / 41011 560 )N 1 \ ��y _ ' A\ G' De / - T=405, 8' // So' 30 / /2/// � LOCA ON MAP -- _--- ( PP /-- y \ )SIC - I_ OF cR SE mT 1 / / C6=N52'54'yrl6 W / /I / // .T ` / / / /0 �� �y _GPR00 27 pHUDLL22 CH=482.50' i , //-/ �/ = i GRAPHIC SCALE - `--/ BARBED WIRE FENCE/ / , // / / >- _ -_. = / "" / _ (\/l' - / �-./ / I: r -. 10 roo 200 400 0 - TowrpR / / -(_ / / / / / / / / ( IN FEET ) / , - _ -s_ _ / / / ) / / / / >V 1 inch = 100 ft_ v / / za --�, �- _ _ 7 / r / I / 1 - / `j0 GENERAL NOTES: �! \ S 4 / / / I / / z0 - __ p / / / yr s _ _ 1 // / I �' / 1. SELLING OFF A PORTION OF This ADDITION BY l"0A"' rcz4 env. cs y _ / / ,, )�,/i - " / _ roe Es ; / METES AND BOUNDS DESCRIPTION, WITHOUT A ' / "oL, gsN�19g wq rTO A v / / // / TOO s PP / vtpL, oazsREEN�eNr ro /� / / REPEAT BEING APPROVED BY THE CITY OF WYLIE, IS pc o -372 o _ / 61 r JPRO 27 pqZ£ LC j / A VIOLATION OF CITY ORDINANCE AND STATE LAW / °� °' 6 �"`-�,,,, ��97 / / / 1R/s2 o�°O> „ -� '}-r -� _ A AND IS SUBJECT TO FINES AND WITHHOLDING OF / - - v O� - f i I v r99, , / l UTILITIES AND BUILDING PERMITS. / - - ' — -..V �'< v v v �� �/ �;1\ hOP °\Sy PTti -1 III l' y X- / / AYR 2. ' / - _ - --- - -� - _ C�o° ^. e$F `O\'P-v s2/B''S4, 1, / I = / - r- �-= _ // G, LOTBLOCK ARE COMMON BLOCK AREAS LOT THAT ;SHALLL BLOCK BE / / / _ / `�`�. - 'S oqs\�sor 'l'a / / - a 2 - I' , �� PP DEDICATED TO AND MAINTAINED BY THE HOME / / �/ /' 9s-3 s / / a T -�� - J' OWNER'S ASSOCIATION. THESE LOTS ARE NOT l / t -J--_ '�• o s F a - -\` 3- INCLUDED IN THE OPEN SPACE TABULATION. / / ! / - ' /' / O 1' I �'- 1'^ s�\T / w�aa ( /�rouveB I - J / 1 / // // • / I / / v 3. BLOCK A, LOT 9 AND BLOCK B, LOT 22 ARE l I I I - of l / / / / --v, / / S ,' T \ _ / �s ( THEOPENCITYACE LOTS OF WYLIE AND SHALL BE MAINTAINED BY DEDICATED HOME i \ i / / A / / / / - OWNER'S ASSOCIATION PER ORDINANCE 2013-37 \. WYLIE DPV LIMIT D PARTNERSHIP / / I / I II V A\ y ,- (SEE EXHIBIT B, GENERAL STANDARDS Na 4). V ( QQALLED 644.080 ACRES / v / / / / / - - A / `, ' y DbC. N0. 0130033�4379 / // // / / / v' 1 -" / 4. BLOCK A, LOT 10 IS TO BE AN INTERNAL OPEN 0 P�R.D.C.T. / \ / / 1 / 4 / SPACE LOT WITH AN AMENITY CENTER THAT SHALL / l \ / / �/ I I I - - _ y REQUIRED RESIDENTIAL UNITS BE DEDICATED TO AND MAINTAINED BY THE HOME 1 / / \ / ' ; I OWNER'S ASSOCIATION PER ORDINANCE 2013-37 \ / I PROPOSED UNITS ON SUBJECT PLAT REQUIRED UNITS UPON FULL DEVELOPMENT / / / \ `\ / // � / A469'(26' 4" ? ) - ,! ' N\\ /-- - / (SEE EXHIBIT B, GENERAL STANDARDS NO. 4). / / / AV _. �/ a R=410f0• ' AI 1 / 1 I 1 v / /// SINGLE FAMILY-ITrt "A" LOTS - SINGLE FAMILY-TYPE "A" LOTS MIN 10% UNITS 5. GPS COORDINATES ARE RECTIFIED TO NAD 83 / / / \\ \\� '�� ///7 7,!� . ai L=496.94' , 1 `\ I \ SINGLE FAMILY-TYPE "B" LOTS 103 SINGLE FAMILY-TYPE "6" LOTS REMAINDER UNITS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL / \ \ / / " J T=284�14 \ \ �) \ `\ \\ \ _ / SINGLE FAMILY-ITYL "C" LOTS 107 SINGLE FAMILY-TYPE "C" LOTS 450 MAX UNITS TEXAS ZONE 4202 (FEET). / //Le69'26 44 CB=S3 'i8'29"E I / TOTAL PROPOSED UNITS PER 210 TOTAL UNITS PER 975 MAX UNITS / \ N r j\ ��R=47D.DD CiH=467.+8' \ \ \ \\ \, /—% SUBJECT PLAT APPLICATION APPROVED PD2013-37SF L=569.67 — 3o FOOT wAaenvE-=_`sxiT. ro / - _- _T=35 -2' \ ) \ \ \ \ \ \ \\ SPACE A _L TH As MUNICPAL WATER _ / / ('-$=N34'06'29"W \ \ \ \ \ \ \ OPENACREAGE wE. 4¢56.80. A A � ()P.R2_c.T. A I A \ V A / PROPOSED ACREAGE PER SUBJECT PLAT REQUIRED UNITS UPON FULL DEVELOPMENT CH=535.43' / / � .— - A A / \ PHASE 1 DOMINION AT PLEASANT VALLEY / \ \\ \ \ \ _ - / TOTAL ACREAGE 63'8 TOTAL ACREAGE 361.4 / \ PHASE 1 DOMINION AT PLEASANT VALLEY / / / V A �\\ '\ ---- 5 / OPEN SPACE ACREAGE 6'S OPEN SPACE ACREAGE Bti _ / / I \ \ \ \ / / PHASE 1 DOMINION AT PLEASANT VALLEY / / --11 v A \\ WYLIE DPV LIMITED/PARTNERSHIR, // INTERNAL OPEN SPACE ACREAGE INTERNAL ORDINANCEOPEN SPACE ACREAGE /( /� / 1 v, ) \ /CA LED 62.744 NACRES ,v / (HER ORDINANCEGENERAL z 37.STANDARDEX 4;r D & P.a (PER 20 3-37. EXHIBIT D At zz2 1 2 \ �T y,, \ INCLUSIVEU B, YER A; EXHIBIT B, GENERAL STANDARD 4, / - 5 _ 1 A DOG. Nd.A2 01 31 029 0(3'1�73040 A /� OF AMENITY CENTER AREA) INCLUSIVE OF AMENITY CENTER AREA) \ 0P_R_QQT. v �.. � \. \ ! PHASE 1 PHASE 1 / ./ _ DOC. NO. 201300334380 ACREAGE II / /' "' \ \ 15\ Ns �� i i� \ N 0.P.R.D:C.T\ \\ - -" - (5 (HER-- PHASE easMeNT OPEN E3eE.1E BUFFER D) (PER ao PHASE ReAsEMeNr OPEN RAC--- s.r V PERIMETER ORDINANCE 201 HIBiI ASE / / A AP- V \V � MAJOREN SPACE ACREAGESPACE4T.2 / v 'N N (PER ORDINANCE 2013-3T, EXHIBIT D) (PER ORDINANCE 2013-37. EXHIBIT D) / / ‘ 1 i d �. xs .P \ . 1/ / V .i 7- -•"� ^\ 6` 6f tfl. A AV A //� PHASE1 13% PHASE1 229> Tn (Jt \ ' PERCENTAGE OF OPEN SPACE ACREAGE PERCENTAGE OF OPEN SPACE ACREAGE / \1 \ // '1 .01p I ) 1 v \ - \ \ V Imo_ V v/ i v , N \\ \\ y\ - / ram== - v�,, •93 \ V ,-, i 2 55- / V / III �\ 1�11 Is A A \ / _IHil �23 3 }I,�3» s2.. A= 3'32'33" / v III R 41 . o' R=47000' PRELIMINARY PLAT / 144; 44 L 1 � 7. L=193.12' y 1 , ' N ` DOMINION OF PLEASANT VALLEY, � � o A T=97.94' \ Lam-- £E 157X03'35"W/ .0 CB=S57'03'35"E vv ��v v PHASE v V / CH=167.28' / CH=191.76' BEING 63.823 ACRES OUT OF THE �2. \ �v GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1100 (COLLIN COUNTY); V A / \ 85�ROW -V N. N 1 - Ii/2 \T / / 1 425' I 42.5 IRS \ \ St ABSTRACT NO. 1384 (DALLAS COUNTY) / i In vv W vv /v I CITY OF WYLIE t �1 Do d. 1 v v COLLIN COUNTY AND DALLAS COUNTY, TEXAS i ''\ r I / 210 RESIDENTIAL LOTS PER ORDINANCE NO. 2013-37 I -t - N �s�FCITYOf W`B �A��o DR-,9-06, �� art o — — -' - - WYLIE DPV LIMITED PARTNERSHIP OWNER/DEVELOPER _...CITY Of WYLIE - - - - - p 1 -� UNRECORDED - M SANITARY SEWED 65MT. DOG NO 2g0J001OJ45 SS \ ( 7 ) 385-0909 PP- PP PP v • p nAoT€ SURVEY ExHlel is NOT RECORDED WIrwEo-se1:€wT V c/o Team Phillips, Inc. tr- 1/2" A DOCCMBNT (SURVEY EXHIBIT DATED. 06-19-06) .V ' 1 Suite 660-412 _ _ __ 11700 PrestonRoad, tlV A5 HA1 i IRF -fRs L' - _. __-.. _.-. �1,,�z �,-�_ '�.- --- N -_ '�'O- -ovl-aecnorkr_aerc _.....;C Dallas, Texas 75230 P _ vL16 ,IRF 15 IRS v _ — — _ 1 = _ --:: LEAsAI� AttEY #�flAfl m_ _ + Suite 200 B ( 7 ) 48 7676 JBI PARTNERS, INC ENGINEER (VARIABLE WIDTH R.O.W.) 16301 Quorum Drive, 9 2 2 Addison, Texas 75001 TBPE No. F-438 TBPLS No. 10076000 RESUBMITTED: APRIL 4, 2014 SUBMITTED: MARCH 5, 2014 Sheet 2 of 3 L PRELIMINARY—FINAL PLAT FOR REVIEW PURPOSES ONLY PRELIMINARY-FINAL PLAT FOR REVIEW PURPOSES ONLY 7 OWNER'S CERTIFICATION N THENCE along the northwest right-of-way of Pleasant Valley Road as follows: Surveyor's Certificate South 44 degrees 40 minutes 56 seconds West, 42.25 feet to a one-half inch iron rod found at the south corner of STATE OF TEXAS n' sold 62.744 acre tract of land; Know All Men By These Presents: North 45 degrees 51 minutes 04 seconds West, 25.22 feet to a one-half inch iron rod found at the east corner of COUNTY OF COLLIN r said 68.080 acre tract of land; That I, Dan B. Ramsey, do hereby certify that I prepared this plat and the field notes made a part thereof from South 45 degrees 46 minutes 51 seconds West, 42.51 feet to a one-half inch iron set for corner; an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision regulations of the City of Frisco, Texas. WHEREAS, Wylie DPV Limited Partnership is the owner of a tract of land located in the City of Wylie, Collin and Dallas County, Texas, a part of the Guadalupe De Los Santos Survey, Abstract Number 1100 in Collin County and Abstract Number 1384 in THENCE North 45 degrees 17 minutes 18 seconds West, 276.33 feet to a one-half inch iron rod set for corner; Dated this, the ___-day of ___ , 2014. Dallas County, Texas, and being a part of a called 80.178 acre tract of land described in a special warranty deed to Wylie DPV Limited Partnership as recorded in Document No. 20131029001473060, Official Public Records of Collin County, Texas and in THENCE Northwesterly, 168.47 feet along a curve to the left having o central angle of 23 degrees 32 minutes 33 seconds, a FOR REVIEW PURPOSES ONLY Document No. 201300334382, Official Public Records of Dallas County, Texas, and being a part of a called 139.871 acre tract radius of 410.00 feet, a tangent of 85.44 feet and whose chord bears North 57 degrees 03 minutes 35 seconds West, 167.28 , �F F feet to a one-half inch iron rod set for corner; I 'S.P'' .I� of land described in a special warranty deed to Wylie DPV Limited Partnership as recorded in Document No. 20131029001473050, Dan B. Ramsey, R.P.L.S. # 4172 5:' ��T�.o..r,�,, Official Public Records of Collin County, Texas and in Document No. 201300334381, Official Public Records of Dallas County, THENCE North 68 degrees 49 minutes 51 seconds West, 283.64 feet to a one-half inch iron rod set for corner; • Texas, and being a part of a called 62.744 acre tract of land described in a special warranty deed to Wylie DPV Limited 9 4 DAN B. RAMSEY . �c • Partnership as recorded in Document No. 20131029001473040, Official Public Records of Collin County, Texas and in Document THENCE Northwesterly, 569.67 feet along a curve to the right having a central angle of 69 degrees 26 minutes 44 seconds, a 4172 c`•`: ' No. 201300334380, Official Public Records of Dallas County, Texas, and being a part of a called 68.080 acre tract of land radius of 470.00 feet, a tangent of 325.72 feet and whose chord bears North 34 degrees 06 minutes 29 seconds West, 535.43 `�✓ �'rESSO it described in a special warranty deed to Wylie DPV Limited Partnership as recorded in Document No. 201300334379, Official feet to a one-half inch iron rod set for corner;, cf. SURN- ' Public Records of Dallas County, Texas, and being further described as follows: STATE OF TEXAS § THENCE North 00 degrees 36 minutes 53 seconds Eost, 257.25 feet to a one half-inch iron rod set for corner; COUNTY OF DENTON § COMMENCING at a concrete monument found at the west corner of said 80.178 acre tract of land, said corner being the north corner of a parcel of land described in deed to Jorge Granados as recorded in Document No. 201200159093, Official Public THENCE Northwesterly, 560.57 feet along a curve to the left having a central angle of 107 degrees 03 minutes 38 seconds, a BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared Records of Dallas County, Texas, said corner being in the southeast right-of-way line of Sachse Road (a variable width radius of 300.00 feet, a tangent of 405.88 feet and whose chord bears North 52 degrees 54 minutes 56 seconds West, 482.50 Dan B. Ramsey, known to me to be the person and officer whose name is subscribed to the foregoing right-of-way); feet to a one-half inch iron rod set for corner; instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. THENCE along the southeast right-of-way line of Sachse Road as follows: THENCE South 16 degrees 26 minutes 45 seconds East, 112.88 feet to a one half-inch iron rod set for corner; North 44 degrees 25 minutes 31 seconds East, 364.61 feet to a concrete monument found for corner; GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ _day of -__ 2014. North 41 degrees 35 minutes 16 seconds West, 15.69 feet to a concrete monument found for corner; THENCE South 57 degrees 41 minutes 43 seconds West, 87.00 feet to a one-half inch iron set for corner; North 44 degrees 23 minutes 05 seconds East, 154.76 feet to a one-half inch iron rod set for corner at the POINT THENCE Southwesterly, 378.24 feet along a curve to the right having a central angle of 23 degrees 57 minutes 35 seconds, a OF BEGINNING of this tract of land; radius of 904.50 feet, a tangent of 191.93 feet and whose chord bears South 69 degrees 40 minutes 30 seconds West, 375.49 Notary Public in and for the State of Texas R Pie, feet to a one-half inch iron rod set for corner; Lc%'��� sreveN e.wNes [♦i i*I No T V EN E HINESB6 THENCE North 44 degrees 23 minutes 05 seconds East, 1,832.12 feet along the southeast right-of-way line of Sachse Road to t \ , My o", :os = a one half-inch iron rod set for corner; THENCE North 08 degrees 20 minutes 42 seconds West, 120.00 feet to a one-half inch iron rod set for corner; 'c€.�F`.I THENCE South 45 degrees 49 minutes 00 seconds East, 202.73 feet to a one half-inch iron rod set for corner; THENCE Southwesterly, 185.34 feet along a curve to the right having a central angle of 13 degrees 32 minutes 10 seconds, a radius of 784.50 feet, a tangent of 93.10 feet and whose chord bears South 88 degrees 25 minutes 23 seconds West, 184.91 THENCE North 44 degrees 11 minutes 00 seconds East, 13.50 feet to a one half-inch iron rod set for corner; feet to a one-half inch iron rod set for corner; THENCE South 45 degrees 49 minutes 00 seconds East, 50.00 feet to a one half-inch iron rod set for corner; THENCE South 05 degrees 11 minutes 28 seconds West, 120.00 feet to a one-half inch iron set for corner; Selling a portion of this addition by metes and bounds is a violation of City Ordinance and State Law and is subject to fines and withholding of utilities and building permits. THENCE North 44 degrees 11 minutes 00 seconds East, 120.50 feet to a one half-inch iron rod set for corner; THENCE Northwesterly, 625.89 feet along a curve to the right having a central angle of 39 degrees 38 minutes 50 seconds, a radius of 904.50 feet, a tangent of 326.06 feet and whose chord bears North 64 degrees 59 minutes 07 seconds West, 613.48 "RECOMMENDED FOR APPROVAL" THENCE South 45 degrees 49 minutes 00 seconds East, 385.08 feet to a one half-inch iron rod set for corner; feet to a one-half inch iron rod set for corner; THENCE North 45 degrees 09 minutes 42 seconds West, 67.51 feet to a one-half inch iron rod set for corner; THENCE Southeasterly, 102.28 feet along a curve to the left having a central angle of 43 degrees 34 minutes 07 seconds, a radius of 134.50 feet, a tangent of 53.75 feet and whose chord bears South 67 degrees 36 minutes 04 seconds East, 99.83 THENCE North 40 degrees 36 minutes 08 seconds West, 252.45 feet to a one-half inch iron rod set for corner; Chairman, Planning & Zoning Commission Date feet to a one-half inch iron rod set for corner; City of Wylie, Texas THENCE South 89 degrees 23 minutes 07 seconds East, 40.03 feet to a one half-inch iron rod set for corner; THENCE North 62 degrees 42 minutes 06 seconds East, 155.20 feet to a one-half inch iron rod set for corner; THENCE South 00 degrees 36 minutes 53 seconds West, 120.50 feet to a one half-inch iron rod set for corner; THENCE North 27 degrees 17 minutes 54 seconds West, 96.93 feet to a one-half inch iron rod set for corner; "APPROVED FOR CONSTRUCTION" THENCE South 89 degrees 23 minutes 07 seconds East, 50.00 feet to a one half-inch iron rod set for corner; THENCE Northwesterly, 303.43 feet along a curve to the left having a central angle of 18 degrees 18 minutes 01 seconds, a radius of 950.00 feet, a tangent of 153.02 feet and whose chord bears North 36 degrees 26 minutes 55 seconds West, 302.14 THENCE South 00 degrees 36 minutes 53 seconds West, 923.00 feet to a one half-inch iron rod set for corner; feet to a one-half inch iron rod set for corner; Mayor, City of Wylie, Texas Date THENCE North 89 degrees 23 minutes 07 seconds West, 90.03 feet to a one half-inch iron rod set for corner; THENCE North 45 degrees 35 minutes 55 seconds West, 5.04 feet to a one-half inch iron rod set for corner; "ACCEPTED" THENCE Northwesterly, 371.95 feet along a curve to the right having a central angle of 18 degrees 05 minutes 27 seconds, a THENCE South 44 degrees 50 minutes 18 seconds West, 12.50 feet to a one-half inch iron set for corner; radius of 1,178.00 feet, a tangent of 187.54 feet and whose chord bears North 80 degrees 20 minutes 24 seconds West, 370.41 THENCE North 45 degrees 35 minutes 55 seconds West, 258.82 feet to the POINT OF BEGINNING and containing2,780,143 feet to a one-half inch iron rod set for corner; 9 square feet or 63.823 acres of land. ------- ----------------------- -------- THENCE South 08 degrees 46 minutes 10 seconds West, 103.45 feet to a one half-inch iron rod set for corner; Mayor, City of Wylie, Texas Date BASIS OF BEARING: THENCE South 05 degrees 32 minutes 48 seconds West, 60.20 feet to a one half-inch iron rod set for corner; The basis of bearing is derived from GPS observations using the City of Wylie geodetic monuments. (Coordinate System: North Central Zone 4202 State Plane Coordinates, NAD83 The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the foregoing final plat of THENCE South 14 degrees 32 minutes 00 seconds West, 45.03 feet to a one half-inch iron rod set for corner; the DOMINION OF PLEASANT VALLEY, PHASE 1 subdivision or addition to the City of Wylie was submitted, by formal action, then and there accepted the dedication of streets, alley, parks, easement, public places, and THENCE South 36 degrees 09 minutes 45 seconds West, 45.03 feet to a one half-inch iron rod set for corner; water and sewer lines as shown and set forth in and upon said plat and said Council further authorized the Mayor to note the acceptance thereof by signing his name as hereinabove subscribed. THENCE South 55 degrees 25 minutes 33 seconds West, 52.87 feet to a one half-inch iron rod set for corner; THENCE South 57 degrees 41 minutes 43 seconds West, 180.00 feet to a one half-inch iron rod set for corner; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: Witnesss my hand this -___ day of ___-__, 2014. THENCE South 63 degrees 00 minutes 38 seconds West, 55.40 feet to a one half-inch iron rod set for corner; THAT WYLIE DPV LIMITED PARTNERSHIP, acting herein by and through its duly authorized officers, does hereby adopt this plat designating the herein above described property as DOMINION OF PLEASANT THENCE South 73 degrees 53 minutes 43 seconds West, 58.03 feet to a one half-inch iron rod set for corner; VALLEY, PHASE 1 an addition to the City of Wylie, Texas, and does hereby dedicate, in fee simple, to CitySecretary, Cityof Wylie, Texas the public use forever, the streets, rights-of-way, and other public improvements shown thereon. The Y 1A streets and alleys, if any, are dedicated for street purposes. The easements and public use areas, as THENCE South 84 degrees 31 minutes 34 seconds West, 52.76 feet to a one half-inch iron rod set for corner; shown, are dedicated, for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or THENCE North 85 degrees 05 minutes 47 seconds West, 55.40 feet to a one half-inch iron rod set for corner; across the easements as shown, except that landscape improvements may be placed in landscape easements, if approved by the City Council of the City of Wylie. In addition, utility easements may also THENCE North 74 degrees 27 minutes 55 seconds West, 55.40 feet to a one half-inch iron rod set for corner; be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to THENCE North 68 degrees 55 minutes 38 seconds West, 56.08 feet to a one half-inch iron rod set for corner; the public's and City of Wylie's use thereof. THENCE North 61 degrees 32 minutes 37 seconds West, 78.94 feet to a one half-inch iron rod set for corner; The City of Wylie and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growths which may in any way endanger THENCE Southwesterly, 171.84 feet along a curve to the right having a central angle of 13 degrees 57 minutes 55 seconds, a or interfere with the construction, maintenance, or efficiency of their respective systems in said radius of 705.00 feet, a tangent of 86.35 feet and whose chord bears South 39 degrees 35 minutes 52 seconds West, 171.41 easements. The City of Wylie and public utility entities shall at all times have the full right of ingress feet to a one-half inch iron rod set for corner; and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their PRELIMINARY PLAT THENCE South 46 degrees 34 minutes 50 seconds West, 115.28 feet to a one half-inch iron rod set for corner; respective systems without the necessity at any time procuring permission from anyone. THENCE Southeasterly, 701.14 feet along a curve to the left having a central angle of 66 degrees 30 minutes 38 seconds, a This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of DOMINION OF PLEASANT VALLEY, radius of 604.00 feet, a tangent of 396.08 feet and whose chord bears South 79 degrees 02 minutes 49 seconds East, 662.43 Wylie, Texas. PHASE 1 feet to a one-half inch iron rod set for corner; WITNESS, my hand, this the _ __ day of ___ _, 2014. THENCE South 22 degrees 18 minutes 08 seconds East, 120.50 feet to a one half-inch iron rod set for corner; BEING 63.823 ACRES OUT OF THE GUADALUPE DE LOS SANTOS SURVEY, THENCE Northeasterly, 126.48 feet along a curve to the left having a central angle of 10 degrees 00 minutes 09 seconds, a BY: ABSTRACT NO. 1100 (COLLIN COUNTY); radius of 724.50 feet, a tangent of 63.40 feet and whose chord bears North 62 degrees 41 minutes 47 seconds East, 126.32 & ABSTRACT NO. 1384 (DALLAS COUNTY) feet to a one-half inch iron rod set for corner; THENCE North 57 degrees 41 minutes 43 seconds East, 35.86 feet to a one half-inch iron rod set for corner; CITY OF WYLIE COLLIN COUNTY AND DALLAS COUNTY, TEXAS THENCE Southeasterly, 772.33 feet along a curve to the right having a central angle of 122 degrees 55 minutes 10 seconds, a STATE OF TEXAS § radius of 360.00 feet, a tangent of 661.93 feet and whose chord bears South 60 degrees 50 minutes 42 seconds East, 632.51 210 RESIDENTIAL LOTS PER ORDINANCE NO. 2013-37 feet to a one-half inch iron rod set for corner; COUNTY OF ____�_ § THENCE South 00 degrees 36 minutes 53 seconds West, 257.25 feet to a one half-inch iron rod set for corner•, BEFORE ME, the undersigned authority in and for the State of Texas, on this day personally appeared WYLIE DPV LIMITED PARTNERSHIP OWNER/DEVELOPER THENCE Southeasterly, 496.94 feet along a curve to the left having a central angle of 69 degrees 26 minutes 44 seconds, a known to me to be the person whose name is subscribed to the foregoing radius of feet, a tangent of 284.14 feet and whose chord bears South 34 degrees 06 minutes 29 seconds East, 467.08 instrument and acknowledged to me that he executed the same for the purposes and consideration c/o Team Phillips, Inc. (972) 385-0909 feet to a one-half inch iron rod set for corner; therein expressed and in the capacity therein stated. 11700 Preston Road, Suite 660-412 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of _ -, 2014. Dallas, Texas 75230 _ _ - --THENCE South 68 degrees 49 minutes 51 seconds East, 346.23 feet to a one half-inch iron rod set for corner; JBI PARTNERS, INC. ENGINEER THENCE Southeasterly, 193.12 feet along a curve to the right having a central angle of 23 degrees 32 minutes 33 seconds, a 972 248-7676 200 B Sui te i Drve, radius of 470.00 feet, a tangent of 97.94 feet and whose chord bears South 57 degrees 03 minutes 35 seconds East, 191.76 16301 Quorum (972)248-7676 to a one-half inch iron rod set for corner; -Notary Public, State of Texas Addison, Texas 75001 TBPE No. F-438 TSPLS No. 10076000 THENCE South 45 degrees 17 minutes 18 seconds East, 244.94 feet to a one-half inch iron rod set for corner being in the RESUBMITTED: APRIL 4, 2014 northwest right-of-way line of Pleasant Valley Road (a variable width right-of-way); SUBMITTED: MARCH 5, 2014 Sheet 3 of 3 L PRELIMINARY-FINAL PLAT FOR REVIEW PURPOSES ONLY PRELIMINARY-FINAL PLAT FOR REVIEW PURPOSES ONLY I .� ,�- SITE -_` ``r.T 4 LT 1EY ,." PERIMETER BUFFER, TRAILS AND LANDSCAPE PERIMETER SCREEN SECONDARY ENTRY 1 . MINIMUM 40'-0" BUFFER 1 . 6'-O" TALL BOARD-ON-BOARD CEDAR FENCE 1 . STONE SCREENING WALLS/ * -- -~? • 2. LARGE/SHADE AND ORNAMENTAL TREES, NATUAL WITH MASONRY COLUMNS AT 50'-O'" O.C. STONE MONUMENTS '- GROUPINGS 2. SHRUB PLANTINGS 2. SIGNAGE r+. 3. 8"-O"' MEANDERING CONCRETE TRAIL ' 3. DECORATIVE CROSSWALK I t I l 1Y... 4. BENCHES WITH BACKS 1 ID 4 (VAHIAB Lk WIN I H.T).W,) _ _ �. _ — — - - — — — _ — _ .�,. 4 NA)" it J ` lt . - _ pia "s, .,,.„..._ _ - i �' BBARD PRIMARY ENTRY -" T "�r ,yy' _. ry 'Bu 1. STONE SCREENING WALLS/ ^i , '-or..;---..„:---- ���.., I I " „ STONE MONUMENTS ----^' 1 ' , - �""�=`� ,.�, I NOT Ta+SCALE ' 2. SIGNAGE 7 ' G" ' 3. DECORATIVE CROSSWALK I , , -- RA HIC SCALE I, 1 it ;k! t f*, _. , ,_, 4 `. oo a a wbP S no L as I s \ POND +.. �.+' o ,,,.,� -,..,. s ' . - i . +++85.y- F T } FtNti } l' 't I 1 t. ir 9' /7 ' , , ,, , I ,,,. � ,, , . AMENITY CENTER 1 1 1 t F 1 1 1 . JUNIOR OLYMPIC SIZE SWIMMING POOL !! r " i f >" m !_ I r 1 I I 1 1 I I i 2. SPLASH POOL 1 , ' ` :. / I 1 III J/ 3. BATHROOMS ) , tT J r- I ! I 4. BBO GRILLS & PICNIC TABLES tts RA P� - ,i / I.,._ t I `'66PLAYGROUNDPMENT "`?";t ._ f ;' ,� �t I 1 ; 1 I I 1 1 17. OFFSTREETPARKI€JGLOT '� • �' ,.! // I I ' ' 1 I " : I 1 1 I „ „ M , 1 r se I >J 1 f . M1 t. „ y 1 11 1 , Iw .. { , It 4 1 1 � 1 y , 1 1 t \I, y � 1 C\XTTHT T , I. 1 \ . X tt, X X 3 X 4 , \ \{ 1 }t .... ,..-. . \ ,,,,, , ::: / ' , \ ‘,, \ . „ ,, , \\` 4 s, t 4 11 I x \ y 4 „ " / `� ° DPELIMIIAY PLAT j\ \ ‘ L OPEN SPACE ,,/A O _ VA_LEY, 7_ PLAIVTS, TREES, ROLLED SOD AND IRRIGATION � ` � /I QLIINIO�1, OF �L =ASAN YA-LE I , X `'N 2. ALL IMPROVMENTS SHALL BE PER ESTABLISHED �" \t, / PHASE 'l ..,, ,,� CITY STANDARDS AND ACCEPTED PRACTICES X \ t t ,'r THESE STANDARDS APPLY To CURRENT AND / BEING 63,823 ACRES OUT OF THE FUTURE OPEN SPACES INCLUDING THOSE +„� DEDICATED TO THE CITY OF WYLIE GUADALUPE DE LOS SANTOS SURVEY, .,\ NIT's ti t ABSTRACT NO. 1100 (COLLIN COUNTY); r ' ' & ABSTRACT NO. 1384 (DALLAS COUNTY) CITY OF WYLIE COLLIN COUNTY AND DALLAS COUNTY, TEXAS 210 RESIDENTIAL LOTS PER ORDINANCE NO, 2013-37 Ei , ' WYLIE DPV LIMITED PARTNERSHIP OWNER/DEVELOPER , ,..........................,./ — . H c/o Team Phillips, Inc, (972) 385-0909 `` ` • " 11700 Preston Rood, Suite 660-412 m Dallas, Texas 75230 ,� JBI PARTNERS, INC, ENGINEER ., ,c,A 16301 Quorum Drive, Suite 200 B (972)248-7676 `' Addison, Texas 75001 1... TBPE No. F_438 TaPLS No. 10076000 . „ G✓ GARTHOFF DESIGN, LLC, LANDSCAPE ARCHITECT 5646 Milton, Suite 606 (214)750-4727 Dallas, Texas 75206 RESUBMITTED: APRIL 4, 2014 SUBMITTED: MARCH 5, 2014 Sheet I of 2 PRELIMINARY-FINAL PLAT FOR REVIEW PURPOSES ONLY PRELIMINARY—FINAL PLAT FOR REVIEW PURPOSES ONLY I i SITE 3 �4, M.�. ; � � ', ` � � e C y A � \ 1 4 � p /�- 'N,C) „ '� x % �Bu BRD A �� a \ f , 1 LOCATION MAP r,. 1 NOT TO SCALE I GRAPHIC SCALE 100 0 50 Iro 200 400 / / ( ) 1 inchh -4 FEE 100 ft. POND / /// / 1' d / ' d ' 5 d d J/ d a6 e I 1 1 I I1 k I 1 1 1 \ \ 1 \ 1 1\ \ 1 PRELIMINARY PLAT 1 DO INION OF PLEASANT VALLEY, i l 1 PHASE 1 t � 1 BONG 63.823 ACRES OUT OF THE 1 GUADALUPE DE LOS SANTOS SURVEY, 1 PRIMARY ENTRY ABSTRACT N0. 1100 (COLLIN COUNTY); 1 . STONE SCREENING WALLS/ STONE oNUMENTs St ABSTRACT NO. 1384 (DALLAS COUNTY) 2 SIGNAGE CITY OF WYLIE 3. DECORA DECORATIVE 1 COLLIN COUNTY AND DALLAS COUNTY, TEXAS I 210 RESIDENTIAL LOTS PER ORDINANCE Na 2013-37 WYLIE DPV LIMITED PARTNERSHIP OWNER/DEVELOPER c/o Team Phillips, Inc. (972) 385-0909 1 �` 1 11700 Preston Rood, Suite 660-412 t Dallas, Texas 75230 ' — JBI PARTNERS INC ENGINEER 16301 Quorum Drive, Suite 200 B (972)248- 7676 Addison, Texas 75001 TBPE No. F-438 TBPLS No. 10076000 (VARIABLE WIDTH R.O.W ) 5646 GARTHOFF DESIGN,ite LLC. LANDSCAPE ARCHITECT0-472 5646 Milton, Suite 606 (214)750-4727 Dallas, Texas 75206 RESUBMITTED: APRIL 4, 2014 SUBMITTED: MARCH 5, 2014 Sheet 2 of 2 PRELIMINARY—FINAL PLAT FOR REVIEW PURPOSES ONLY Mote Wylie City Council AGENDA REPORT A�ss7 in Meeting Date: May 13, 2014 Item Number: C (City Secretary's Use Only) Department: Police Prepared By: John Duscio Chief of Police Account Code: Date Prepared: April 15, 2014 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a Cooperative agreement for additional Law Enforcement Services, Between the City of Wylie, Lavon Lake, Texas initiates Agreement no. W9126G-14-T-0112 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 16, 2014 through September 02, 2014 for a sum not to exceed $58,456.33. Recommendation Motion to approve, a Cooperative agreement for additional Law Enforcement Services, Between the City of Wylie, Lavon Lake, Texas initiates Agreement no. W9126G-14-T-0112 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 16, 2014 through September 02, 2014 for a sum not to exceed $58,456.33. Discussion Each summer the U.S Army Corps of Engineers contracts with the city of Wylie to provide police officers to patrol the lake parks which are inside the city limits. The officers patrol. East Fork Park, Avalon Park, the corps office and spillway area, Lavonia Park, Motocross area, Mallard Park, Little Ridge Park, and Pebble Beach Park. The Corps of Engineers pays for all costs associated with the delivery of services including officers pay and benefits, administrative support, and mileage. The Corps also pays all costs associated with bringing in additional dispatchers on the weekend due to Lake Patrol activity. Page 1 of 1. SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1.REQUISITION NUMBER PAGE 1 OF 54 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24,AND 30 W45XMA411880000001 2.CONTRACT NO. 3.AWARD/EFFECTIVE DATE 4.ORDER NUMBER 5.SOLICITATION NUMBER 6.SOLICITATION ISSUE DATE W9126G-14-P-0157 01-May-2014 W9126G-14-T-0012 13-Mar-2014 7.FOR SOLICITATION a.NAME b.TELEPHONE NUMBER (No Collect Calls) 8.OFFER DUE DATE/LOCAL TIME INFORMATION CALL: LINDA N.MCKETHAN 254-939-1829 04:00 PM 01 Apr 2014 9. ISSUED BY CODE W9126G 10.THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS US ARMY ENGINEER DISTRICT,FORT WORTH X UNRESTRICTED DESTINATION UNLESS Net 30 Days ATTN:CESWF-CT SET ASIDE: %FOR BLOCK IS MARKED 819 TAYLOR ST,ROOM 2A17 I I-SB SEE SCHEDULE FORT WORTH TX 76102-0300 I I -HUBZONE SB n 13a.THIS CONTRACT IS A RATED ORDER 8(A) I I UNDER DPAS(15 CFR 700) 13b. RATING SVC-DISABLED VET-OWNED SB TEL: 817-886-1043 - 14. METHOD OF SOLICITATION EMERGING SB FAX: 817-886-6403 SIZE STD: NAICS:922120 X RFQ _IFB _RFP 15. DELIVER TO CODE 967430 16.ADMINISTERED BY CODE LAVON LAKE PROJECT OFFICE MICHAEL KINARD 3375 SKWIEW DRIVE WYLIE TX75098-5775 SEE ITEM 9 17a.CONTRACTOR/OFFEROR CODE 1311B5 18a. PAYMENT WILL BE MADE BY CODE 964145 WYLIE,CITY OF MILLINGTON 2000 N HWY 78 USACE FINANCE CENTER,ATTN:CEFC-AO P WYLIE TX 75098-6043 5722 INTEGRITY DRIVE MILLINGTON TN 38054-5005 FACILITY TEL. CODE 311B5 n17b.CHECK IF REMITTANCE IS DIFFERENT AND PUT 18b.SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a.UNLESS BLOCK SUCH ADDRESS IN OFFER BELOW IS CHECKED [ SEE ADDENDUM 19. ITEM NO. 20.SCHEDULE OF SUPPLIES/SERVICES 21.QUANTITY 22.UNIT 23.UNIT PRICE 24.AMOUNT SEE SCHEDULE 25.ACCOUNTING AND APPROPRIATION DATA 26.TOTAL AWARD AMOUNT(For Govt. Use Only) See Schedule $58,456.33 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1.52.212-4. FAR 52.212-3.52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED 27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4.FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED 28.CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES 29.AWARD OF CONTRACT:REFERENCE TO ISSUING OFFICE.CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS r7OFFER DATED . YOUR OFFER ON SOLICITATION SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS I I(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a.SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED I a 01-May-2014 30b.NAME AND TITLE OF SIGNER 30c.DATE SIGNED 31b. NAME LI OF CONTRACTING OFFICER (TYPE OR PRINT) (TYPE OR PRINT JUNE WOi/LSACH / CONTRACT OFFICER TEL: 817-886-1069 EMAIL: june.wohlbach@usace.army.mil AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA FAR(48 CFR)53.212 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE 2OF54 (CONTINUED) 19.ITEM NO. 20.SCHEDULE OF SUPPLIES/SERVICES 21.QUANTITY 22.UNIT 23.UNIT PRICE 24.AMOUNT SEE SCHEDULE 32a.QUANTITY IN COLUMN 21 HAS BEEN RECEIVED INSPECTED ACCEPTED,AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: 32b.SIGNATURE OF AUTHORIZED GOVERNMENT 32c,DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f.TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33.SHIP NUMBER 34.VOUCHER NUMBER 35.AMOUNT VERIFIED 36.PAYMENT 37.CHECK NUMBER CORRECT FOR _ COMPLETE PARTIAL FINAL PARTIAL FINAL _ — — 38.S/R ACCOUNT NUMBER 39.S/R VOUCHER NUMBER 40. PAID BY 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a,RECEIVED BY (Print) 41b.SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c.DATE 42b.RECEIVED AT(Location) 42c.DATE REC'D (YY/MM/DD) 42d.TOTAL CONTAINERS AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005) BACK PREVIOUS EDITION IS NOT USABLE Prescribed by GSA FAR(48 CFR)53.212 Section B Supplies m Services and Prices ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT OOOl | Job $58'456.33 $58'456.33 Fyl4 Trinity Increased Law Enforcement FFP Lovoo Lake,Wylie U,o|iceDepartment See attached PcrkoonanccVVodk01atemoUuud0no|i1y&aourmnccBnrvciDaucu y|on(0&B9) Period o[Performance: |6 May 2O|4tboz2 September 20|4 Cost Per Hour: $D5.46 All invoices shall bc mailed to: Luvon Cooper Project Office ATTN: K8|chuo|Kivard 3375 SkyvimpDk Wylie,TX. 7509Q (972)442'3141 x226 oickaoik.kinazd@uoucc.aroq'.mi) FOB:Destination PURCHASE REQUEST NUMBER:W45XMy4|l08000000| Y4ETAMT $58'456.33 &CO2NAA $50,456.33 CIN:VV45XMk\4||8800O0O0l CONTRACTING OFFICER STATEMENT Only a warranted Contracting Officer (either a Procuring Contracting Officer (P[0), or an Administrative Contracting Officer (A[0)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer. 3 Section C-Descriptions and Specifications PERFORMANCE WORK STATEMENT PERFORMANCE WORK STATEMENT (PWS) Increased Law Enforcement Services, City of Wylie, Texas Lavon Lake 2014 1. GENERAL: This is a non-personal services contract to provide increased law enforcement services at Lavon Lake. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. 1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform increased law enforcement services as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract. 1.2. Scope: Wylie Police Department (Contractor) agrees to provide a specific level of increased law enforcement services for that part of Lavon Lake lying within the City of Wylie's jurisdiction for the purpose of enforcement of State and local criminal and civil laws. Services include vehicular patrol by the contractor of the interior roads of East Fork, Avalon, Lavonia, Mallard, Little Ridge, and Pebble Beach Parks. The contractor shall accomplish enforcement of state and local laws, warnings for Title 36 violations, monitoring of visitor use to increase public safety, and assisting Corps of Engineers rangers with their visitor assistance duties if requested. When requested by the Corps of Engineers representative, the Police Department agrees to dispatch an officer or officers, within his manpower capabilities, to unforeseen or emergency situations. This assistance will be considered non-reimbursable. 1.3 Period of Performance: Contractor shall provide described services on certain days of the week from 16 May through 2 September, 2014, for a total of 684 patrol hours, further specified in Appendices A & B to this PWS. Effective start date is 1 April 2014 or after the contractor has been notified by the Contracting Officer, Fort Worth District, that the contract has been executed, whichever is later. Patrols will be conducted based on the attached schedule (See Appendices A and B). 1.4 General Information 1.4.1 Quality Control (Not applicable) 4 1.4.2 Quality Assurance: The Contractor will prepare a Daily Log in accordance with the attached format (Appendix C) or format accepted by the QA POC. The log will be completed daily and submitted at the close of each month to the Corps of Engineers Quality Assurance Point of Contact (QA POC) listed in paragraph 1.4.11 of this plan. Any arrest or serious incident report should be forwarded to the Lavon Lake Office upon completion of the initial report. The Government shall evaluate the contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied. 1.4.3 Government Holidays: Contractor will be required to perform services on those Federal holidays falling during the contract period, namely, Memorial Day, Independence Day and Labor Day (see Appendices A and B). 1.4.4 Hours of Operation: [Not applicable] 1.4.5 Place of Performance: The work to be performed under this contract will be performed at Corps administered lands in Wylie Police Department's jurisdiction as specified in Para. 1.2. State and local law enforcement agencies generally have the same authority and responsibilities on Corps administered lands as they do elsewhere in their respective jurisdictions. Because of this, requests by the Lake Manager or his authorized representatives for emergency or unanticipated law enforcement assistance will be considered non-reimbursable. (E.g. officers responding to a call on government property after the scheduled patrol hours, or officers working a call on government property and which requires them to stay past the scheduled patrol time, etc). 1.4.6 Type of Contract: The government will award a firm fixed price contract 1.4.7 Security Requirements: This contract does not require Contractor personnel to have access to or enter secured government facilities such as dam outlet structures, powerhouses, etc. Contractor personnel shall follow locally- established security policies and procedures such as key/key card control and security of lock combinations. 1.4.8 Special Qualifications: All Contractor personnel shall be currently certified and licensed Texas Peace Officers in accordance with the requirements of the Texas Commission of Law Enforcement Officer Standards and Education. TCLEOSE standards meet or exceed E-verify and background check requirements established by the Department of Homeland Security. The Contractor will provide the Corps representative designated in paragraph 1.4.11 the name of each Deputy who will be performing scheduled work under this contract, in advance of the scheduled work. 5 1.4.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Contracting Officer will apprise the contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. 1.4.10 Contracting Officer Representative (COR): A COR will not be appointed for this contract. Quality Assurance duties will be performed by the QA POC designated in Paragraph 1.4.11 1.4.11 Key Personnel: The following personnel are considered key personnel by the Government, and will serve as the Corps QA POC: Michael K. Kinard, Lake Manager, Lavon Lake; Alternate: Curry Murphy, Park Ranger, Lavon Lake. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. 1.4.12 Identification of Contractor Employees: All officers performing services under this contract shall wear standard uniforms and personal identification normally worn and carried by the law enforcement agency. All patrol vehicles shall have standard insignia and markings normally used by the law enforcement agency. 1.4.13 Contractor Travel (Not applicable): 1.4.14 Data Rights (Not applicable) 1.4.15 Organizational Conflict of Interest: (Not applicable) 1.5. GOVERNMENT FURNISHED ITEMS AND SERVICES: (Not applicable) 1.6 CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES: 1.6.1 General: The Contractor shall furnish all manpower, vehicles, supplies, equipment, facilities and services required to perform work under this contract. 6 1.6.2 Equipment: The Contractor shall provide all patrol vehicles and equipment required to perform services under this contract. All such vehicles shall have standard insignia and markings normally used by the law enforcement agency. Patrol vehicles shall also be equipped with standard law enforcement type lights, radios, and any other standard equipment necessary to perform the required services. The Contractor shall be responsible for all vehicle costs, including insurance, fuel, service and maintenance, and any other costs associated with the operation of each vehicle. 1.6.3. Materials (Not applicable). 1.7 CONTRACTOR MANAGEMENT REPORTING (CMR) (Not applicable) 1.8 APPLICABLE PUBLICATIONS (CURRENT EDITIONS) (Not applicable) 1.9.1 Attachment 1/Technical Exhibit 1 — Performance Requirements Summary 1.9.2 Attachment 2/Technical Exhibit 2 — Deliverables Schedule 19.3 Appendix A— Patrol Schedule 19.4 Appendix B — Hours by Month 19.5 Appendix C — Daily Enforcement Action Summaries 19.6 Appendix D — Law Enforcement Park Log 2.0 MISCELLANEOUS PROVISIONS: 2.1 Orientation: An appropriate orientation for all participating contract personnel will be conducted by the Corps of Engineers staff to familiarize the Contractor with the policies and procedures of the Corps, and to familiarize Corps personnel with the functions and duties of the contracted law enforcement agency. TECHNICAL EXHIBIT 1 Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The perfollnance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success. 7 Performance Standard Performance Threshold Method of Surveillance Objective The contractor shall The contractor All required shifts were covered and Contractor's Daily the specified contract services were provide additional provides visible performed.Contractor coordinated in Enforcement Action patrolling presence and and verifiable advance with Corps key personnel in Summaries turned in by discretionary law presence and the event of an unforeseen event Contractor will be enforcement actions in actions in the which prevented an officer from examined by QA POC to specified areas to help designated areas at serving all or part of a shift,which ensure accuracy prior to keep the peace and the specified days would not be billable to the authorizing payment. Government. increase public safety and times. in parks and other designated Corps areas. 8 TECHNICAL EXHIBIT 2 DELIVERABLES SCHEDULE Number of Medium/ Deliverable Frequency Copies Format Submit To Contract Once within 5 One copy Hard copy, US Army Corps of manager and days of contract FAX, or email Engineers alternate award Attn: Michael Kinard designated in 3375 Skyview Drive writing Wylie, Texas 75098 Invoice for Submitted to One copy of Hard copy, US Army Corps of contract services Corps by the 5th the invoice, FAX, or email Engineers performed; of every month, submitted to Attn: Michael Kinard includes billing listing contract the Corps QA 3375 Skyview Drive start/end dates, services POC Wylie, Texas 75098 hours worked, performed total charges. during the previous calendar month. Daily To Corps with One copy Hard copy, US Army Corps of Enforcement monthly invoice FAX, or email Engineers Action Attn: Michael Kinard Summaries 3375 Skyview Drive Wylie, Texas 75098 9 PERFORMANCE WORK STATEMENT APPENDIX A PATROL SCHEDULE 2014 10 May 2014 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 ('totx4 {lours 100 14 5 6 7 8 9 10 11 12 13 14 15 16 17 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 18 19 20 21 22 23 24 1500-1900=4hrs 1500-1900=4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 25 26 27 28 29 30 31 1100-1500=4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs 1500-1900=4hrs 1500.1900=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300-4has 1900-2300=4hrs 1900-2300=4hrs 1 )00-2300 4hrs 11 June 2014 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs Total I loHrs I64. 8 9 10 11 12 13 14 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 15 16 17 18 19 20 21 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 22 23 24 25 26 27 28 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 12 29 30 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs July 2014 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 1900-2300=4hrs 1500-1900=4hrs 1500-1900=4hrs 1100-1500-4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1500-1900=4hrs {olaA 1 Hn., 2,04 1900-2300=4hrs 1900 2300==--4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 6 7 8 9 10 11 12 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1.900-2300=4hrs 1500-1900=4hrs 1100-1500=4hrs 1500-1900=4hrs 1900-2300=4hrs 1.500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 113 14 15 16 17 18 19 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1.100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 20 21 22 23 24 25 26 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 13 27 28 29 30 31 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs August 2014 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 'I NA I boars 196 1500-1900=4hrs 1.1.00-1500=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 3 4 5 6 7 8 9 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 10 11 12 13 14 15 16 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 17 18 19 20 21 22 23 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1100-1500=4hrs 1900-2300=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hrs 14 24 25 26 27 28 29 30 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs 1.100-1500=4hrs 1900-2300=4hrs 1500-1900=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 31 1900-2300=4hrs 1900-2300=4hrs 1100-1500=4hrs 1500-1900=4hrs 1900-2300=4hrs 1900-2300=4hrs 15 September 2014 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Total I tours—20 I ' 2 3 4 5 6 1100-1500=4hrs 1900-2300=4hrs 1500-1900=4hrs 1900-2300=4hts 1900-2300-4hrs 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 16 17 W9126G-14-P-0157 Page 18 of 53 PERFORMANCE WORK STATEMENT APPENDIX B HOURS BY MONTH 2014 May: 25 shifts X 4 hours= 100 hours (Includes Memorial Day) June: 41 shifts X 4 hours= 164 hours July: 51 shifts X 4 hours=204 hours (Includes Independence Day) August: 49 shifts X 4 hours= 196 hours September: 5 shifts X 4 hours=20 hours (Includes Labor Day) Total=684 Hours W9126G-14-P-0157 Page 19 of 53 APPENDIX C DAILY ENFORCEMENT ACTION SUMMARY OPERATING AGENCY: Wylie Police Department OFFICERS NAME: DATE: TIME STARTED: TIME ENDED: TOTAL HOURS: ABBREVIATIONS: A=Arrest C=Citation W=Written Warning V=Verbal Warning OFFENCE Action NOTES TITLE ACWV Include the name of the park where offense occurred Vehicle Offense Parking Speeding Reckless State Req. DWI Other Total Conduct Offense Loud/Unruly Pubic Intox Cont Subst. Minor Poss. Theft Vandal Litter Weapons Assault Other Total W9126G-14-P-0157 Page 20 of 53 TOTALS *** For all arrests and evictions include details on back *** Officer Number: Date: Signature: Appendix D Law Enforcement Park Log Officer's Attendant's Date Time In Time Out Initials Initials Comments W9126G-14-P-0157 Page 21 of 53 Section E-Inspection and Acceptance INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government W9126G-14-P-0157 Page 22 of 53 Section F-Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 POP 16-MAY-2014 TO N/A LAVON LAKE PROJECT OFFICE 967430 02-SEP-2014 MICHAEL KINARD 3375 SKYVIEW DRIVE WYLIE TX 75098-5775 972-442-3141 FOB: Destination W9126G-14-P-0157 Page 23 of 53 Section G-Contract Administration Data ACCOUNTING AND APPROPRIATION DATA AA:096 NA X 2014 3123 000 0000 CCS:2102455 00958096412 2540 2G170K AMOUNT:$58,456.33 CIN W45XMA411880000001:$58,456.33 W9126G-14-P-0157 Page 24 of 53 Section H-Special Contract Requirements QASP QUALITY ASSURANCE SURVEILLANCE PLAN Lavon Lake Increased Law Enforcement Contract, City of Wylie 1. Overview: This contract establishes a specific increased level of law enforcement services to be provided by Wylie Police Department to the US Ainiy Corps of Engineers at Lavon Lake. This is a sole-source contract, since the Wylie Police Department is the only agency with the requisite authority and responsibility to provide these services. 2. Definition of Services: Increased services are defined in the contract's Performance Work Statement (PWS) as the contractor's provision of a dedicated officer and vehicle to each patrol to enforce applicable state and local laws in accordance with their agency policy, procedures, and interpretations. Services will be performed in accordance with the schedule contained in the PWS. Contracted services are to supplement the year-round duties and activities which the contractor is responsible to perform even absent the contract. 3. Surveillance of Services: Officers providing service under this contract are required to complete and submit a Daily Enforcement Action Summary Log documenting their activities performed during their work shifts, and to turn the logs into their supervisor at the end of each shift. The completed daily enforcement action summary logs will then be submitted to the Lake Manager by the fifth day after the end of the month of service. For arrests and serious violations, the Corps requests a copy of the police report once the initial report is complete for their reporting requirements. 4. Surveillance Documentation: a. The contractor shall provide a request for payment each month for reimbursable services performed. The request for payment shall include the number of man-hours worked during the billing period (which must correspond with the Daily Enforcement Action Logs) and the total monthly expenses. The Quality Assurance Point of Contact (QA POC) will examine logs to ensure accuracy prior to authorizing payment. b. The QA POC will document verification of the contractor's perfoit,iance monthly for verification to the Contracting Officer. These reports will become part of the formal QA documentation. The QA POC will maintain a complete QA file, containing copies of all evaluations and related documentation. The QA POC will forward these records to the Contracting Officer at completion of the contract. c. The services provided by the contractor are subject to inspection by the QA POC to ensure adherence to the terms of the PWS. If the contractor fails to provide the services as specified, the Government reserves the right to terminate the contract. W9126G-14-P-0157 Page 25 of 53 Section I-Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.232-99(DEV) Providing Accelerated Payment to Small Business AUG 2012 Subcontractors(DEVIATION) CLAUSES INCORPORATED BY FULL TEXT 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL(JAN 201 1) (a)The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12),Office of Management and Budget(OMB) guidance M-05-24, and Federal Information Processing Standards Publication(FIPS PUB)Number 201. (b)The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following,unless otherwise determined by the Government: (1)When no longer needed for contract performance. (2)Upon completion of the Contractor employee's employment. (3)Upon contract completion or termination. (c)The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. (d)The Contractor shall insert the substance of this clause, including this paragraph(d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled info,u,ation system.It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph(b)of this section,unless otherwise approved in writing by the Contracting Officer. (End of Clause) 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JULY 2013) (a) Definitions.As used in this clause: Executive means officers, managing partners,or any other employees in management positions. First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services(including construction)for perfo,uiance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements W9126G-14-P-0157 Page 26 of 53 for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs. Month of award means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor. Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following(for more information see 17 CFR 229.402(c)(2)): (1) Salary and bonus. (2)Awards of stock, stock options,and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification(FASB ASC) 718, Compensation- Stock Compensation. (3)Earnings for services under non-equity incentive plans. This does not include group life,health,hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4)Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. (5)Above-market earnings on deferred compensation which is not tax-qualified. (6)Other compensation, if the aggregate value of all such other compensation(e.g., severance,termination payments,value of life insurance paid on behalf of the employee,perquisites or property) for the executive exceeds $10,000. (b) Section 2(d)(2)of the Federal Funding Accountability and Transparency Act of 2006(Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub.L. 110-252),requires the Contractor to report information on subcontract awards. The law requires all reported information be made public,therefore,the Contractor is responsible for notifying its subcontractors that the required information will be made public. (c)Nothing in this clause requires the disclosure of classified information. (d)(1)Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management(SAM)database(FAR provision 52.204-7),the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if (i)In the Contractor's preceding fiscal year,the Contractor received (A) 80 percent or more of its annual gross revenues from Federal contracts(and subcontracts),loans,grants(and subgrants),cooperative agreements,and other forms of Federal financial assistance;and (B) $25,000,000 or more in annual gross revenues from Federal contracts(and subcontracts), loans, grants(and subgrants), cooperative agreements,and other forms of Federal financial assistance; and (ii)The public does not have access to information about the compensation of the executives W9126G-14-P-0157 Page 27 of 53 through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec ov/answers/execom .htm.). (2)First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph(g)of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of$25,000 or more,the Contractor shall report the following information at htt ://www.fsrs. ov for that first-tier subcontract. (The Contractor shall follow the instructions at http//www.tsrs.w ov to report the data.) (i)Unique identifier(DUNS Number)for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company. (ii)Name of the subcontractor. (iii)Amount of the subcontract award. (iv)Date of the subcontract award. (v)A description of the products or services(including construction)being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract. (vi) Subcontract number(the subcontract number assigned by the Contractor). (vii) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district. (viii) Subcontractor's primary performance location including street address,city, state, and country. Also include the nine-digit zip code and congressional district. (ix)The prime contract number, and order number if applicable. (x)Awarding agency name and code. (xi)Funding agency name and code. (xii)Government contracting office code. (xiii)Treasury account symbol(TAS)as reported in FPDS. (xiv)The applicable North American Industry Classification System code(NAICS). (3)Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer,by the end of the month following the month of award of a first-tier subcontract with a value of$25,000 or more, and annually thereafter(calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at http://www.fsrs_gov, if (i) In the subcontractor's preceding fiscal year,the subcontractor received (A) 80 percent or more of its annual gross revenues from Federal contracts(and subcontracts), loans,grants(and subgrants),cooperative agreements,and other forms of Federal financial W9126G-14-P-0157 Page 28 of 53 assistance; and (B) $25,000,000 or more in annual gross revenues from Federal contracts(and subcontracts), loans, grants(and subgrants), cooperative agreements,and other forms of Federal financial assistance; and (ii)The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) (e)The Contractor shall not split or break down first-tier subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph(d). (f)The Contractor is required to report information on a first-tier subcontract covered by paragraph(d)when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires. (g)(1)If the Contractor in the previous tax year had gross income, from all sources,under $300,000,the Contractor is exempt from the requirement to report subcontractor awards. (2)If a subcontractor in the previous tax year had gross income from all sources under$300,000, the Contractor does not need to report awards for that subcontractor. (h)The FSRS database at http;//www.fsrs.;ov will be prepopulated with some info,uiation from SAM and FPDS databases. If FPDS information is incorrect,the contractor should notify the contracting officer. If the SAM database information is incorrect,the contractor is responsible for correcting this information. (End of clause) 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,OR PROPOSED FOR DEBARMENT(AUG 2013) (a)Definition. Commercially available off-the-shelf(COTS) item, as used in this clause-- (1)Means any item of supply(including construction material)that is-- (i)A commercial item(as defined in paragraph(1)of the definition in FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii)Offered to the Government,under a contract or subcontract at any tier,without modification, in the same fowl in which it is sold in the commercial marketplace; and (2)Does not include bulk cargo, as defined in 46 U.S.C.40102(4), such as agricultural products and petroleum products. W9126G-14-P-0157 Page 29 of 53 (b)The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item,the Contractor shall not enter into any subcontract,in excess of $30,000 with a Contractor that is debarred, suspended,or proposed for debarment by any executive agency unless there is a compelling reason to do so. (c)The Contractor shall require each proposed subcontractor whose subcontract will exceed$30,000, other than a subcontractor providing a commercially available off-the-shelf item,to disclose to the Contractor, in writing, whether as of the time of award of the subcontract,the subcontractor,or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government. (d)A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing,before entering into a subcontract with a party(other than a subcontractor providing a commercially available off-the-shelf item)that is debarred, suspended, or proposed for debarment(see FAR 9.404 for information on the System for Award Management(SAM)Exclusions). The notice must include the following: (1)The name of the subcontractor. (2)The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM. (3)The compelling reason(s)for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM. (4)The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension,or proposed debarment. (e) Subcontracts.Unless this is a contract for the acquisition of commercial items,the Contractor shall include the requirements of this clause, including this paragraph(e) (appropriately modified for the identification of the parties), in each subcontract that-- (1)Exceeds$30,000 in value; and (2)Is not a subcontract for commercially available off-the- shelf items. (End of clause) 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (SEP 2013) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible,the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post- acceptance rights(1)within a reasonable time after the defect was discovered or should have been discovered; and (2)before any substantial change occurs in the condition of the item,unless the change is due to the defect in the item. (b)Assignment.The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank,trust company,or other financing institution, including any Federal lending W9126G-14-P-0157 Page 30 of 53 agency in accordance with the Assignment of Claims Act(31 U.S.C. 3727). However,when a third party makes payment(e.g.,use of the Governmentwide commercial purchase card),the Contractor may not assign its rights to receive payment under this contract. (c)Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d)Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended(41 U.S.C. 601-613).Failure of the parties to this contract to reach agreement on any request for equitable adjustment,claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes,which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract,pending final resolution of any dispute arising under the contract. (e)Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f)Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity,fires,floods,epidemics, quarantine restrictions, strikes,unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g)Invoice. (1)The Contractor shall submit an original invoice and three copies(or electronic invoice,if authorized)to the address designated in the contract to receive invoices.An invoice must include-- (i)Name and address of the Contractor; (ii)Invoice date and number; (iii)Contract number, contract line item number and,if applicable,the order number; (iv)Description,quantity,unit of measure,unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi)Terms of any discount for prompt payment offered; (vii)Name and address of official to whom payment is to be sent; (viii)Name,title, and phone number of person to notify in event of defective invoice; and (ix)Taxpayer Identification Number(TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x)Electronic funds transfer(EFT)banking information. (A)The Contractor shall include EFT banking infoi illation on the invoice only if required elsewhere in this contract. W9126G-14-P-0157 Page 31 of 53 (B) If EFT banking information is not required to be on the invoice,in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision,contract clause(e.g., 52.232-33,Payment by Electronic Funds Transfer System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management),or applicable agency procedures. (C) EFT banking info,uiation is not required if the Government waived the requirement to pay by EFT. (2)Invoices will be handled in accordance with the Prompt Payment Act(31 U.S.C. 3903)and Office of Management and Budget(OMB)prompt payment regulations at 5 CFR part 1315. (h)Patent indemnity. The Contractor shall indemnify the Government and its officers,employees and agents against liability, including costs,for actual or alleged direct or contributory infringement of,or inducement to infringe,any United States or foreign patent,trademark or copyright, arising out of the performance of this contract,provided the Contractor is reasonably notified of such claims and proceedings. (i)Payment.-- (1)Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2)Prompt payment. The Government will make payment in accordance with the Prompt Payment Act(31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3)Electronic Funds Transfer(EFT). If the Government makes payment by EFT, see 52.212-5(b)for the appropriate EFT clause. (4)Discount.In connection with any discount offered for early payment,time shall be computed from the date of the invoice. For the purpose of computing the discount earned,payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5)Overpayments.If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment,the Contractor shall-- (i)Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-- (A)Circumstances of the overpayment(e.g.,duplicate payment,erroneous payment,liquidation errors, date(s)of overpayment); (B)Affected contract number and delivery order number, if applicable; (C)Affected contract line item or subline item, if applicable; and (D)Contractor point of contact. (ii)Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6)Interest. (i)All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of W9126G-14-P-0157 Page 32 of 53 1978 (Public Law 95-563),which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v)of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii)The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii)Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-- (A)The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B)The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C)The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv)If a demand for payment was previously issued for the debt,the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v)Amounts shall be due at the earliest of the following dates: (A)The date fixed under this contract. (B)The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi)The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-- (A)The date on which the designated office receives payment from the Contractor; (B)The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C)The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii)The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j)Risk of loss.Unless the contract specifically provides otherwise,risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until,and shall pass to the Government upon: (1)Delivery of the supplies to a carrier,if transportation is f.o.b. origin; or (2)Delivery of the supplies to the Government at the destination specified in the contract,if transportation is f.o.b. destination. (k)Taxes. The contract price includes all applicable Federal, State,and local taxes and duties. W9126G-14-P-0157 Page 33 of 53 (1)Termination for the Government's convenience.The Government reserves the right to terminate this contract, or any part hereof,for its sole convenience. In the event of such termination,the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract,the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination,plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system,have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m)Termination for cause.The Government may terminate this contract, or any part hereof,for cause in the event of any default by the Contractor,or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government,upon request,with adequate assurances of future performance. In the event of termination for cause,the Government shall not be liable to the Contractor for any amount for supplies or services not accepted,and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n)Title. Unless specified elsewhere in this contract,title to items furnished under this contract shall pass to the Government upon acceptance,regardless of when or where the Government takes physical possession. (o)Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p)Limitation of liability. Except as otherwise provided by an express warranty,the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q)Other compliances.The Contractor shall comply with all applicable Federal, State and local laws,executive orders, rules and regulations applicable to its performance under this contract. (r)Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.431 relating to officials not to benefit;40 U.S.C. 3701,et seq_,Contract Work Hours and Safety Standards Act;41 U.S.C. 51-58, Anti-Kickback Act of 1986;. 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118,Fly American; and 41 U.S.C.423 relating to procurement integrity. (s)Order of precedence.Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1)the schedule of supplies/services; (2)The Assignments,Disputes,Payments,Invoice, Other Compliances,Compliance with Laws Unique to Government Contracts,and Unauthorized Obligations paragraphs of this clause; (3)the clause at 52.212-5; (4)addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6)other paragraphs of this clause; (7)the Standard Form 1449; (8)other documents,exhibits,and attachments;and(9)the specification. (t) System for Award Management(SAM). (1)Unless exempted by an addendum to this contract,the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database,and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration,the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current,accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i)If a Contractor has legally changed its business name, "doing business as"name, or division name(whichever is shown on the contract), or has transferred the assets used in performing the contract,but has not completed the W9126G-14-P-0157 Page 34 of 53 necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12,the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to(A)change the name in the SAM database; (B)comply with the requirements of subpart 42.12; and(C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii)If the Contractor fails to comply with the requirements of paragraph(t)(2)(i)of this clause, or fails to perform the agreement at paragraph(t)(2)(i)(C)of this clause,and, in the absence of a properly executed novation or change- of-name agreement,the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment"paragraph of the electronic funds transfer(EFT)clause of this contract. (3)The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims(see Subpart 32.8,Assignment of Claims).Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT,to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the"Suspension of payment" paragraph of the EFT clause of this contract. (4)Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through ht sJ/www.ac uisition. ov. (u)Unauthorized Obligations. (1)Except as stated in paragraph(u)(2)of this clause,when any supply or service acquired under this contract is subject to any End User License Agreement(EULA),Terms of Service(TOS), or similar legal instrument or agreement,that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages,costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation(31 U.S.C. 1341),the following shall govern: (i)Any such clause is unenforceable against the Government. (ii)Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA,TOS,or similar legal instrument or agreement. If the EULA,TOS, or similar legal instrument or agreement is invoked through an "I agree"click box or other comparable mechanism(e.g., 'click-wrap"or"browse-wrap"agreements),execution does not bind the Government or any Government authorized end user to such clause. (iii)Any such clause is deemed to be stricken from the EULA,TOS,or similar legal instrument or agreement. (2)Paragraph(u)(1)of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (End of clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (DEVIATION 2013-00019)(NOV 2013) (a) Comptroller General Examination of Record.The Contractor shall comply with the provisions of this paragraph(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2,Audit and Records Negotiation. W9126G-14-P-0157 Page 35 of 53 (1)The Comptroller General of the United States,or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2)The Contractor shall make available at its offices at all reasonable times the records, materials,and other evidence for examination, audit,or reproduction,until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.If this contract is completely or partially terminated,the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3)As used in this clause,records include books, documents, accounting procedures and practices,and other data, regardless of type and regardless of fowl. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b)(1)Notwithstanding the requirements of any other clauses of this contract,the Contractor is not required to flow down any FAR clause, other than those in this paragraph(b)(1)in a subcontract for commercial items. Unless otherwise indicated below,the extent of the flow down shall be as required by the clause (i) 52.203-13, Contractor Code of Business Ethics and Conduct(Apr 2010)(41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns(Dec 2010)(15 U.S.C, 637(d)(2)and(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract(except subcontracts to small business concerns) exceeds $650,000($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17,Nondisplacement of Qualified Workers(JAN 2013)(E.O. 13495). Flow down required in accordance with paragraph (1)of FAR clause 52,222-17. (iv) 52.222-26, Equal Opportunity(Mar 2007)(E.O. 11246). (v) 52,222-35,Equal Opportunity for Veterans(Sep 2010) (38 U.S.C.4212). (vi) 52,222-36,Affirmative Action for Workers with Disabilities(Oct 2010) (29 U.S.C. 793). (vii) 52,222-40,Notification of Employee Rights Under the National Labor Relations Act(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph(f)of FAR clause 52.222.40. (viii) 52 222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C_.Chapter 67). (ix)52,222-50, Combating Trafficking in Persons(Feb 2009)(22_U.S.C. 7104(g)). Alternate I(Aug 2007)of 52,222-50(22 U_S_C_7104(g)). W9126G-14-P-0157 Page 36 of 53 (x) 51222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance,Calibration, or Repair of Certain Equipment-Requirements(Nov 2007) (41 U.S.C. chapter 67). (xi) 52 222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements(Feb 2009)(41 U.S.C, Cha)ter 67). (xii)52.222-54,Employment Eligibility Verification(E.O. 12989)(JUL 2012). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States(Jul 2013)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52 226-6,Promoting Excess Food Donation to Nonprofit Organizations(Mar 2009)42 U.S.C. 1792). Flow down required in accordance with paragraph(e)of FAR clause 52.226-6. (xv) 52.247-64,Preference for Privately Owned U.S.-Flag Commercial Vessels(Feb 2006)(46 U.S.C. Anpx. 1241(b)and 10 1.1.S.C. 2631). Flow down required in accordance with paragraph(d)of FAR clause 52.247- 64. (2)While not required,the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52 .214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)—EFARS ARITHMETIC DISCREPANCIES (a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder: (1) Obviously misplaced decimal points will be corrected; (2) Discrepancy between unit price and extended price, the unit price will govern; (3) Apparent errors in extension of unit prices will be corrected; (4) Apparent errors in addition of lump-sum and extended prices will be corrected. (b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids. (c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low. (End of statement) W9126G-14-P-0157 Page 37 of 53 52.222-3 CONVICT LABOR(JUN 2003) (a)Except as provided in paragraph(b)of this clause,the Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State,the District of Columbia, Puerto Rico,the Northern Mariana Islands,American Samoa, Guam,or the U.S. Virgin Islands. (b)The Contractor is not prohibited from employing persons-- (1)On parole or probation to work at paid employment during the term of their sentence; (2)Who have been pardoned or who have served their terms;or (3)Confined for violation of the laws of any of the States,the District of Columbia,Puerto Rico,the Northern Mariana Islands,American Samoa, Guam,or the U.S. Virgin.Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if-- (i)The worker is paid or is in an approved work training program on a voluntary basis; (ii)Representatives of local union central bodies or similar labor union organizations have been consulted; (iii) Such paid employment will not result in the displacement of employed workers, or be applied in skills,crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; (iv)The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and (v)The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive Orders 12608 and 12943. (End of clause) 52.222-17 Nondisplacement of Qualified Workers. (JAN 2013) (a) Service employee, as used in this clause,means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative,or professional capacity,as those terms are defined in 29 CFR part 541. The term''service employee" includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons. (b)The Contractor and its subcontractors shall,except as otherwise provided herein, in good faith offer those service employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified. (1)The Contractor and its subcontractors shall determine the number of service employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in connection with performance of the work. W9126G-14-P-0157 Page 38 of 53 (2)Except as provided in paragraph(c)of this clause,there shall be no employment opening under this contract, and the Contractor and any subcontractors shall not offer employment under this contract,to any person prior to having complied fully with this obligation. (i)The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each service employee as provided herein and shall state the time within which the service employee must accept such offer,but in no case shall the period within which the service employee must accept the offer of employment be less than 10 days. (ii)The successor Contractor and its subcontractors shall decide any question concerning a service employee's qualifications based upon the individual's education and employment history,with particular emphasis on the employee's experience on the predecessor contract,and the Contractor may utilize employment screening processes only when such processes are provided for by the contracting agency,are conditions of the service contract, and are consistent with Executive Order 13495. (iii)Where the successor Contractor does not initially offer employment to all the predecessor contract service employees,the obligation to offer employment shall continue for 90 days after the successor contractor's first date of performance on the contract. (iv)An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held,but is one for which the employee is qualified,and even if it is subject to different employment terms and conditions, including changes to pay or benefits. (See 29 CFR 9.12 for a detailed description of a bonafide offer of employment). (c)(1)Notwithstanding the obligation under paragraph(b)of this clause,the successor Contractor and any subcontractors(i)may employ under this contract any service employee who has worked for the contractor or subcontractor for at least three months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (ii)are not required to offer a right of first refusal to any service employee(s)of the predecessor contractor who are not service employees within the meaning of the Service Contract Act,41 U.S.C. 6701(3), and(iii)are not required to offer a right of first refusal to any service employee(s)of the predecessor contractor whom the Contractor or any of its subcontractors reasonably believes, based on the particular service employee's past performance, has failed to perfo„u suitably on the job(see 29 CFR 9.12(c)(4) for additional information). The successor Contractor bears the responsibility of demonstrating the appropriateness of claiming any of these exceptions. (2)In addition, any Contractor or subcontractor that has been certified by the U.S. Small Business Administration as a HUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of the HUBZone Program(e.g., it must ensure that at least 35 percent of all of its employees reside within a HUBZone). The HUBZone small business Contractor or subcontractor must consider whether it can meet the requirements of this clause and Executive Order 13495 while also ensuring it meets the HUBZone Program's requirements. (3)Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to comply with any provision of any other Executive order or law.For example,the requirements of the HUBZone Program(see FAR subpart 19.13),Executive Order 11246(Equal Employment Opportunity),and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 may conflict, in certain circumstances,with the requirements of Executive Order 13495.All applicable laws and Executive orders must be satisfied in tandem with,and if necessary prior to, the requirements of Executive Order 13495,29 CFR part 9,and this clause. (d)(1)The Contractor shall,not less than 30 days before completion of the Contractor's performance of services on the contract,furnish the Contracting Officer with a certified list of the names of all service employees working under this contract and its subcontracts at the time the list is submitted. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts with either the current or predecessor contractors or their subcontractors. Where changes to the workforce are made after the W9126G-14-P-0157 Page 39 of 53 submission of the certified list described in this paragraph,the Contractor shall, in accordance with paragraph(e)of this clause,not less than 10 days before completion of the services on this contract, furnish the Contracting Officer with an updated certified list of the names of all service employees employed within the last month of contract performance. The updated list shall also contain anniversary dates of employment,and,where applicable,dates of separation of each service employee under the contract and its predecessor contracts with either the current or predecessor Contractors or their subcontractors. (2)Immediately upon receipt of the certified service employee list but not before contract award,the contracting officer shall provide the certified service employee list to the successor contractor,and, if requested,to employees of the predecessor contractor or subcontractors or their authorized representatives. (3)The Contracting Officer will direct the predecessor Contractor to provide written notice(Appendix B to 29 CFR chapter 9)to service employees of their possible right to an offer of employment with the successor contractor. Where a significant portion of the predecessor Contractor's workforce is not fluent in English,the notice shall be provided in English and the language(s)with which service employees are more familiar. The written notice shall be (i)Posted in a conspicuous place at the worksite; or (ii)Delivered to the service employees individually. If such delivery is via email,the notification must result in an electronic delivery receipt or some other reliable confirmation. that the intended recipient received the notice. (e)(1)If required in accordance with 52.222-41(n),the predecessor Contractor shall,not less than 10 days before completion of this contract,furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance.The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor Contractors or their subcontractors. If there are no changes to the workforce before the predecessor contract is completed,then the predecessor Contractor is not required to submit a revised list 10 days prior to completion of performance and the requirements of 52.222-41(n)are met. When there are changes to the workforce after submission of the 30-day list,the predecessor Contractor shall submit a revised certified list not less than 10 days prior to performance completion. (2)Immediately upon receipt of the certified service employee list but not before contract award,the contracting officer shall provide the certified service employee list to the successor contractor,and, if requested,to employees of the predecessor contractor or subcontractors or their authorized representatives. (f)The Contractor and subcontractor shall maintain the following records(regardless of format,e.g.,paper or electronic)of its compliance with this clause for not less than a period of three years from the date the records were created. (1)Copies of any written offers of employment or a contemporaneous written record of any oral offers of employment, including the date, location, and attendance roster of any service employee meeting(s)at which the offers were extended,a summary of each meeting, a copy of any written notice that may have been distributed, and the names of the service employees from the predecessor contract to whom an offer was made. (2)A copy of any record that forms the basis for any exemption claimed under this part. (3)A copy of the service employee list provided to or received from the contracting agency. (4)An entry on the pay records of the amount of any retroactive payment of wages or compensation under the supervision of the Administrator of the Wage and Hour Division to each service employee,the period covered by such payment, and the date of payment,and a copy of any receipt form provided by or authorized by the Wage and Hour Division. The Contractor shall also deliver a copy of the receipt to the service employee and file the original, as evidence of payment by the Contractor and receipt by the service employee,with the Administrator or an authorized representative within 10 days after payment is made. W9126G-14-P-0157 Page 40 of 53 (g)Disputes concerning the requirements of this clause shall not be subject to the general disputes clause(52.233-1) of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 9.Disputes within the meaning of this clause include disputes between or among any of the following: The Contractor, the contracting agency,the U.S. Department of Labor, and the service employees under the contract or its predecessor contract. The Contracting Officer will refer any service employee who wishes to file a complaint,or ask questions concerning this contract clause, to the: Branch of Government Contracts Enforcement, Wage and Hour Division,U.S. Department of Labor, 200 Constitution Avenue NW.,Washington, DC 20210. Contact email: dis laced do 1. ov. (h)The Contractor shall cooperate in any review or investigation by the Depai tnient of Labor into possible violations of the provisions of this clause and shall make such records requested by such official(s)available for inspection,copying, or transcription upon request. (i)If it is determined,pursuant to regulations issued by the Secretary of Labor(Secretary),that the Contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the Contractor or its subcontractors, as provided in Executive Order 13495,the regulations,and relevant orders of the Secretary,or as otherwise provided by law. (j)The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. However, if the Contractor, as a result of such direction,becomes involved in litigation with a subcontractor,or is threatened with such involvement,the Contractor may request that the United States, through the Secretary, enter into such litigation to protect the interests of the United States. (k)The Contracting Officer will withhold,or cause to be withheld,from the prime Contractor under this or any other Government contract with the same prime Contractor, such sums as an authorized official of the Department of Labor requests,upon a determination by the Administrator,the Administrative Law Judge,or the Administrative Review Board,that there has been a failure to comply with the terms of this clause and that wages lost as a result of the violations are due to service employees or that other monetary relief is appropriate. If the Contracting Officer or the Administrator,upon final order of the Secretary,finds that the Contractor has failed to provide a list of the names of service employees working under the contract,the Contracting Officer may, in his or her discretion, or upon request by the Administrator,take such action as may be necessary to cause the suspension of the payment of contract funds until such time as the list is provided to the Contracting Officer. (1) Subcontracts. In every subcontract over the simplified acquisition threshold entered into in order to perform services under this contract,the Contractor shall include a provision that ensures (1)That each subcontractor will honor the requirements of paragraphs(b)through(c)of this clause with respect to the service employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor Contractor and its subcontractors; (2)That the subcontractor will provide the Contractor with the information about the service employees of the subcontractor needed by the Contractor to comply with paragraphs(d)and(e)of this clause; and (3)The recordkeeping requirements of paragraph(f)of this clause. W9126G-14-P-0157 Page 41 of 53 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (NOV 2013) (a)Applicability.This clause does not apply to the extent that the Contractor is supplying end products mined, produced,or manufactured in-- (1)Canada, and the anticipated value of the acquisition is$25,000 or more; (2)Israel,and the anticipated value of the acquisition is $50,000 or more; (3)Mexico,and the anticipated value of the acquisition is$77,494 or more; or (4)Armenia,Aruba,Austria,Belgium,Bulgaria,Croatia,Cyprus, Czech Republic,Denmark,Estonia,Finland, France,Germany,Greece, Hong Kong,Hungary, Iceland,Ireland,Italy,Japan, Korea, Latvia, Liechtenstein, Lithuania,Luxembourg,Malta,Netherlands,Norway,Poland,Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland,Taiwan or the United Kingdom and the anticipated value of the acquisition is $202,000 or more. (b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined,produced,or manufactured by forced or indentured child labor,authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine,produce, or manufacture any product furnished under this contract.If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products,or the equivalent at 2.212-3(i),the Contractor agrees to cooperate fully with authorized officials of the contracting agency,the Department of the Treasury, or the Department of Justice by providing reasonable access to records,documents,persons,or premises upon reasonable request by the authorized officials. (c)Violations. The Government may impose remedies set forth in paragraph(d)for the following violations: (1)The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products. (2)The Contractor has failed to cooperate,if required, in accordance with paragraph(b)of this clause,with an investigation of the use of forced or indentured child labor by an Inspector General,Attorney General,or the Secretary of the Treasury. (3)The Contractor uses forced or indentured child labor in its mining,production,or manufacturing processes. (4)The Contractor has furnished under the contract end products or components that have been mined,produced,or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph(d)(2)or paragraph(d)(3)of this clause unless sufficient evidence indicates that the Contractor knew of the violation.) (d)Remedies. (1)The Contracting Officer may terminate the contract. (2)The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4. (3)The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4. (End of clause) 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) W9126G-14-P-0157 Page 42 of 53 (a) Segregated facilities,as used in this clause,means any waiting rooms,work areas,rest rooms and wash rooms, restaurants and other eating areas,time clocks,locker rooms and other storage or dressing areas,parking lots, drinking fountains,recreation or entertainment areas,transportation,and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color,religion, sex,or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (b)The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c)The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. (End of clause) 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION(MAY 2011) (a) Definitions. As used in this clause-- "Toxic chemical means a chemical or chemical category listed in 40 CFR 372.65." (b)Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right- to-Know Act of 1986(EPCRA) (42 U.S.C. 11001-11050), and the Pollution Prevention Act of 1990(PPA)(42 U.S.C. 13101-13109). (c)The Contractor shall provide all infoiniation needed by the Federal facility to comply with the following: (1)The emergency planning reporting requirements of section 302 of EPCRA. (2)The emergency notice requirements of section 304 of EPCRA. (3)The list of Material Safety Data Sheets,required by section 311 of EPCRA. (4)The emergency and hazardous chemical inventory forms of section 312 of EPCRA. (5)The toxic chemical release inventory of section 313 of EPCRA,which includes the reduction and recycling information required by section 6607 of PPA. (6)The toxic chemical and hazardous substance release and use reduction goals of section 2(e)of Executive Order 13423 and of Executive Order 13514. (End of clause) 52.223-10 WASTE REDUCTION PROGRAM(MAY 2011) (a)Definitions. As used in this clause-- W9126G-14-P-0157 Page 43 of 53 Recycling means the series of activities, including collection, separation,and processing,by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion. Waste prevention means any change in the design,manufacturing,purchase,or use of materials or products (including packaging)to reduce their amount or toxicity before they are discarded.Waste prevention also refers to the reuse of products or materials. Waste reduction means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products. (b)Consistent with the requirements of section 3(e)of Executive Order 13423,the Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. (End of clause) 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (a) Definitions. As used in this clause-- Driving (1)Means operating a motor vehicle on an active roadway with the motor running,including while temporarily stationary because of traffic,a traffic light, stop sign,or otherwise. (2)Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off,an active roadway and has halted in a location where one can safely remain stationary. Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting,e-mailing, instant messaging, obtaining navigational information,or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle,provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b)This clause implements Executive Order 13513,Federal Leadership on Reducing Text Messaging while Driving,dated October 1,2009. (c)The Contractor is encouraged to-- (1)Adopt and enforce policies that ban text messaging while driving-- (i)Company-owned or-rented vehicles or Government-owned vehicles; or (ii)Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2)Conduct initiatives in a manner commensurate with the size of the business, such as-- W9126G-14-P-0157 Page 44 of 53 (i)Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii)Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(d), in all subcontracts that exceed the micro-purchase threshold. (End of clause) 52.225-1 BUY AMERICAN ACT--SUPPLIES (FEB 2009) (a)Definitions. As used in this clause-- Commercially available off-the-shelf(COTS) item (1)Means any item of supply(including construction material)that is-- (i)A commercial item(as defined in paragraph(1)of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii)Offered to the Government, under a contract or subcontract at any tier,without modification, in the same form in which it is sold in the commercial marketplace; and (2)Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984(46 U.S.C.App. 1702), such as agricultural products and petroleum products. Component means an article,material, or supply incorporated into an end product. Cost of components means-- (1)For components purchased by the Contractor,the acquisition cost, including transportation costs to the place of incorporation into the end product(whether or not such costs are paid to a domestic firm),and any applicable duty (whether or not a duty-free entry certificate is issued); or (2)For components manufactured by the Contractor,all costs associated with the manufacture of the component, including transportation costs as described in paragraph(1)of this definition,plus allocable overhead costs,but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. Domestic end product means-- (1)An unmanufactured end product mined or produced in the United States; (2)An end product manufactured in the United States, if-- (i)The cost of its components mined,produced,or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined,produced,or manufactured in sufficient and reasonably available commercial quantities of a W9126G-14-P-0157 Page 45 of 53 satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or (ii)The end product is a COTS item. End product means those articles,materials,or supplies to be acquired under the contract for public use. Foreign end product means an end product other than a domestic end product. United States means the 50 States,the District of Columbia and outlying areas. (b)The Buy American Act(41 U.S.C. 10a- 10d)provides a preference for domestic end products for supplies acquired for use in the United States.In accordance with 41 U.S.C.431,the component test of the Buy American Act is waived for an end product that is a COTS item(See 12.505(a)(1)). (c)Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract. (d)The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled"Buy American Act Certificate." (End of clause) 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES(JUN 2008) (a)Except as authorized by the Office of Foreign Assets Control(OFAC)in the Department of the Treasury,the Contractor shall not acquire, for use in the performance of this contract,any supplies or services if any proclamation,Executive order,or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR chapter V,would prohibit such a transaction by a person subject to the jurisdiction of the United States. (b)Except as authorized by OFAC,most transactions involving Cuba, Iran,and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at TerListl.html. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR chapter V and/or on OFAC's Web site at http://www.treas.gov/offices/enforcement/ofac/. (c)The Contractor shall insert this clause, including this paragraph(c), in all subcontracts. (End of clause) 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION(JAN 1997) (a)The Contractor shall, at its own expense,provide and maintain during the entire performance of this contract,at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b)Before commencing work under this contract,the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be W9126G-14-P-0157 Page 46 of 53 effective(1)for such period as the laws of the State in which this contract is to be performed prescribe,or(2)until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer,whichever period is longer. (c)The Contractor shall insert the substance of this clause, including this paragraph(c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors'proofs of required insurance,and shall make copies available to the Contracting Officer upon request. (End of clause) 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability,to be confirmed in writing by the Contracting Officer. (End of clause) 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER SYSTEM FOR AWARD MANAGEMENT (JULY 2013) (a)Method of payment. (1)All payments by the Government under this contract shall be made by electronic funds transfer(EFT),except as provided in paragraph(a)(2)of this clause. As used in this clause,the term"EFT"refers to the funds transfer and may also include the payment information transfer. (2)In the event the Government is unable to release one or more payments by EFT,the Contractor agrees to either-- (i)Accept payment by check or some other mutually agreeable method of payment; or (ii)Request the Government to extend the payment due date until such time as the Government can make payment by EFT(but see paragraph(d)of this clause). (b)Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the System for Award Management(SAM)database. In the event that the EFT information changes,the Contractor shall be responsible for providing the updated information to the SAM database. (c)Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House(ACH)network, subject to the rules of the National Automated Clearing House Association,or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210. (d) Suspension of payment.If the Contractor's EFT information in the SAM database is incorrect,then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the SAM database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. W9126G-14-P-0157 Page 47 of 53 (e)Liability for uncompleted or erroneous transfers. (1)If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly,the Government remains responsible for-- (i)Making a correct payment; (ii)Paying any prompt payment penalty due; and (iii)Recovering any erroneously directed funds. (2)If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect,or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-- (i)If the funds are no longer under the control of the payment office,the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii)If the funds remain under the control of the payment office,the Government shall not make payment,and the provisions of paragraph(d)of this clause shall apply. (f)EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System,the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (g)EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract,the Contractor shall require as a condition of any such assignment,that the assignee shall register separately in the SAM database and shall be paid by EFT in accordance with the terms of this clause.Notwithstanding any other requirement of this contract,payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In all respects,the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph(d)of this clause. (h)Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent. (i)Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System.The Government may request the Contractor to designate a desired format and method(s)for delivery of payment information from a list of formats and methods the payment office is capable of executing. However,the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government.If the Government makes payment by check in accordance with paragraph(a)of this clause,the Government shall mail the payment information to the remittance address contained in the SAM database. (End of Clause) 52.233-3 PROTEST AFTER AWARD(AUG. 1996) (a)Upon receipt of a notice of protest(as defined in FAR 33.101)or a determination that a protest is likely(see FAR 33.102(d)),the Contracting Officer may,by written order to the Contractor,direct the Contractor to stop W9126G-14-P-0157 Page 48 of 53 performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause.Upon receipt of the order,the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.Upon receipt of the final decision in the protest,the Contracting Officer shall either-- (1)Cancel the stop-work order;or (2)Terminate the work covered by the order as provided in the Default,or the Termination for Convenience of the Government,clause of this contract. (b)If a stop-work order issued under this clause is canceled either before or after a final decision in the protest,the Contractor shall resume work.The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price,or both,and the contract shall be modified, in writing,accordingly, if-- (1)The stop-work order results in an increase in the time required for,or in the Contractor's cost properly allocable to,the performance of any part of this contract;and (2)The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action,the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract. (c)If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d)If a stop-work order is not canceled and the work covered by the order is terminated for default,the Contracting Officer shall allow,by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. (e)The Government's rights to terminate this contract at any time are not affected by action taken under this clause. (f)If as the result of the Contractor's intentional or negligent misstatement,misrepresentation,or miscertification,a protest related to this contract is sustained,and the Government pays costs, as provided in FAR 33.102(b)(2)or 33.104(h)(1),the Government may require the Contractor to reimburse the Government the amount of such costs.In addition to any other remedy available,and pursuant to the requirements of Subpart 32.6,the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government. (End of clause) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM(OCT 2004) United States law will apply to resolve any claim of breach of this contract. (End of clause) 52.237-3 CONTINUITY OF SERVICES (JAN 1991) (a)The Contractor recognizes that the services under this contract arc vital to the Government and must be continued without interruption and that,upon contract expiration, a successor, either the Government or another contractor,may continue them. The Contractor agrees to (1)furnish phase-in training and(2)exercise its best W9126G-14-P-0157 Page 49 of 53 efforts and cooperation to effect an orderly and efficient transition to a successor. (b)The Contractor shall, upon the Contracting Officer's written notice,(1)furnish phase-in,phase-out services for up to 90 days after this contract expires and(2)negotiate in good faith a plan with a successor to determine the nature and extent of phase-in,phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in,phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. (c)The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct onsite interviews with these employees.If selected employees are agreeable to the change,the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. (d)The Contractor shall be reimbursed for all reasonable phase-in,phase-out costs(i.e., costs incurred within the agreed period after contract expiration that result from phase-in,phase-out operations)and a fee(profit)not to exceed a pro rata portion of the fee(profit)under this contract. (End of clause) 52.242-15 STOP-WORK ORDER(AUG 1989) (a)The Contracting Officer may, at any time,by written order to the Contractor,require the Contractor to stop all, or any part,of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause.Upon receipt of the order,the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor,or within any extension of that period to which the parties shall have agreed,the Contracting Officer shall either-- (1)Cancel the stop-work order; or (2)Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government,clause of this contract. (b)If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires,the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price,or both,and the contract shall be modified, in writing,accordingly, if-- (1)The stop-work order results in an increase in the time required for,or in the Contractor's cost properly allocable to,the performance of any part of this contract; and (2)The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action,the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c)If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d)If a stop-work order is not canceled and the work covered by the order is terminated for default,the Contracting W9126G-14-P-0157 Page 50 of 53 Officer shall allow,by equitable adjustment or otherwise,reasonable costs resulting from the stop-work order. (End of clause) 52.247-5 FAMILIARIZATION WITH CONDITIONS (APR 1984) The offeror shall become familiar with all available information regarding difficulties that may be encountered and the conditions, including safety precautions,under which the work must be accomplished under the contract. The offeror shall not be relieved from assuming all responsibility for properly estimating the difficulties and the cost of perfouning the services required in this contract because the offeror failed to investigate the conditions or to become acquainted with all information concerning the services to be performed. (End of clause) 52.247-27 CONTRACT NOT AFFECTED BY ORAL AGREEMENT(APR 1984) No oral statement of any person shall modify or otherwise affect the terms,conditions,or specifications stated in this contract. All modifications to the contract must be made in writing by the Contracting Officer or an authorized representative. (End of clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE(FEB 1998) This contract incorporates one or more clauses by reference,with the same force and effect as if they were given in full text. Upon request,the Contracting Officer will make their full text available.Also,the full text of a clause may be accessed electronically at this/these address(es): http://farsite,hill.a£mil (End of clause) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES(APR 1984) (a)The use in this solicitation or contract of any Federal Acquisition Regulation(48 CFR Chapter 1)clause with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the clause. (b)The use in this solicitation or contract of any DEARS(48 CFR PAR°1' 11fl)clause with an authorized deviation is indicated by the addition of"(DEVIATION)" after the name of the regulation. (End of clause) W9126G-14-P-0157 Page 51 of 53 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) (a)The Contractor shall inform its employees in writing,in the predominant native language of the workforce,of contractor employee whistleblower rights and protections under 10 U.S.C. 2409,as described in subpart 203.9 of the Defense Federal Acquisition Regulation Supplement. (b)The Contractor shall include the substance of this clause, including this paragraph(b), in all subcontracts. (End of clause) 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT(APR 1992) The Contractor's procedures for protecting against unauthorized disclosure of information shall not require Department of Defense employees or members of the Armed Forces to relinquish control of their work products, whether classified or not,to the contractor. (End of clause) 252.204-7006 BILLING INSTRUCTIONS (OCT 2005) When submitting a request for payment,the Contractor shall-- (a)Identify the contract line item(s)on the payment request that reasonably reflect contract work performance; and (b) Separately identify a payment amount for each contract line item included in the payment request. (End of clause) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC 2010) (DEVIATION) (a)In addition to the clauses listed in paragraph(b)of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract(FAR 52.212-5)(OCT 2010) (DEVIATION),the Contractor shall include the teens of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010)(Section 1038 of Pub. L. 111-84). 252.237-7019 Training for Contractor Personnel Interacting with Detainees(SEP 2006)(Section 1092 of Pub. L. 108-375). 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer(JUL 2009)(Section 884 of Public Law 110-417) 252.247-7023 Transportation of Supplies by Sea(MAY 2002) (10 U.S.C. 2631) 252.247-7024 Notification of Transportation of Supplies by Sea(MAR 2000)(10 W9126G-14-P-0157 Page 52 of 53 U.S.C. 2631) (End of clause) 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUNE 2012) (a)Definitions. As used in this clause— (1)Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation. (2)Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail,and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow(WAWF)or another electronic form authorized by the Contracting Officer. (3)Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. (4)Receiving report means the data required by the clause at 252.246-7000,Material Inspection and Receiving Report. (b)Except as provided in paragraph(c)of this clause,the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/. (c)The Contractor may submit a payment request and receiving report using other than WAWF only when— (1)The Contracting Officer administering the contract for payment has determined,in writing,that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; (2)DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system(e.g., PowerTrack,Transportation Financial Management System, and Cargo and Billing System); (3)DoD makes payment for rendered health care services using the TRICARE Encounter Data System(TEDS)as the electronic format; or (4)When the Governmentwide commercial purchase card is used as the method of payment,only submission of the receiving report in electronic form is required. (d)The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract. (e)In addition to the requirements of this clause,the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests. W9126G-14-P-0157 Page 53 of 53 (End of clause) 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) When costs are a factor in any price adjustment under this contract,the contract cost principles and procedures in FAR part 31 and DFARS part 231, in effect on the date of this contract,apply. Wylie City Council wiire AGENDA REPORT Meeting Date: May 13, 2014 Item Number: D (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: N/A Date Prepared: May 5, 2014 Budgeted Amount: N/A Exhibits: Resolution, agreement Subject Consider, and act upon, Resolution No.2014-11-(R) requesting a study be performed by Perkins Engineering Consultants, Inc. evaluating future wastewater needs for the cities of Wylie and Murphy. Recommendation Motion to approve, Resolution No.2014-11-(R) requesting a study be performed by Perkins Engineering Consultants, Inc. evaluating future wastewater needs for the cities of Wylie and Murphy. Discussion The Muddy Creek Regional Wastewater Treatment Plant (MCRWWTP) is shared by the cities of Wylie and Murphy. The cost of the plant is shared based on the amount of flow that each city sends to the plant. The plant was put into service in 2005 and had a treatment capacity of 5 million gallons per day (MGD), and was later expanded to 10 MGD in 2007. The average daily flow at the MCRWWTP is approaching 75% of the treatment plant's design capacity. Texas Commission on Environmental. Quality (TCEQ) regulations require that engineering planning for expansion of the plant take place when the plant reaches 75 percent of the permitted daily average flow for three consecutive months. Therefore, this evaluation is recommended based on the TCEQ regulations and the TCEQ issued peluiit for the MCRWWTP. Additionally, peak flows to the treatment plant have on occasion exceeded the 2- hour peak capacity allowed in the permit. Over the last several months, representatives from both cities have been meeting with NTMWD to develop an engineering scope of services to evaluate the Muddy Creek Interceptor System, the Maxwell Creek Interceptor System, The City of Wylie Wastewater Treatment Plant (WWTP), and the MCRWWTP. The project will also consist of studying the impact on the Muddy Creek and Maxwell Creek Regional Interceptor Systems and the MCRWWTP if the existing Wylie WWTP were placed back into service. The study area is generally defined as the current City limits and ETJ of Wylie and Murphy. This item is scheduled for NTMWD board consideration in May and NTMWD has asked for authorization from the Cities to fund the study. (Rev 01/2014) Page 1 of 1 RESOLUTION NO. 2013-11(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY REQUESTING THAT A STUDY BE PERFORMED BY PERKINS ENGINEERING CONSULTANTS EVALUATING FUTURE WASTEWATER NEEDS FOR THE CITIES OF WYLIE AND MURPHY. WHEREAS, the North Texas Municipal Water District operates the Muddy Creek Regional Wastewater System and the Muddy Creek Regional Wastewater Treatment Plant; and WHEREAS,the Cities of Wylie and Murphy send flow into the system; and WHEREAS, the average daily flow at the Muddy Creek Regional Wastewater Treatment Plant is approaching 75% of the treatment plant's design capacity, and WHEREAS, the Texas Commission on Environmental Quality regulations require that planning activities for providing adequate capacity for future anticipated flows commence once the plant flow has reached 75% of the plant's design capacity; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Council requests a study be performed by Perkins Engineering Consultants Inc. evaluating future wastewater needs for the cities of Wylie and Murphy and requests the cost of the study be funded by Wylie and Murphy through the current FY 14 Muddy Creek WWTP budget and through the FY 15 Muddy Creek WWTP budget. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 13th day of May, 2014. ERIC HOGUE, Mayor Resolution No.2014-11(R)—Wastewater Study Performed by Perkins Engineering-Future Wastewater Needs Page 1 of 2 ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No. 2014-11(R)—Wastewater Study Performed by Perkins Engineering-Future Wastewater Needs Page 2 of 2 ATTACHMENT A SCOPE OF SERVICES NORTH TEXAS MUNICIPAL WATER DISTRICT MUDDY CREEK REGIONAL WASTEWATER SYSTEMS EVALUATION FOR THE CITIES OF WYLIE AND MURPHY The average daily flow at the Muddy Creek Regional Wastewater Treatment Plant (RWWTP) is approaching 75% of the treatment plant's design capacity. Texas Commission on Environmental Quality (TCEQ) regulations require that planning activities for providing adequate capacity for future anticipated flows commence once the plant flow has reached 75% of the plant's design capacity. Therefore, this evaluation is recommended based on the TCEQ regulations and the TCEQ issued peilnit for the Muddy Creek RWWTP. Additionally,peak flows to the treatment plant have on occasion exceeded the 2-hour peak capacity allowed in the peiinit. Therefore, part of this recommended evaluation will be to review the historical peak flows received at the treatment plant and at critical locations along the Muddy Creek and Maxwell Creek Trunk Sewer; and develop recommendations for adequately treating the peak flows. The project will also consist of studying the impact on the Muddy Creek and Maxwell Creek Regional Interceptor Systems (MC/MCRIS) and the Muddy Creek RWWTP if the existing Wylie Wastewater Treatment Plant (Wylie WWTP) were placed back into service. The project will also include a feasibility analysis related to the Muddy Creek Regional Wastewater System (MCRWWS) of acquiring the existing Wylie WWTP. The study area is generally defined as the current City limits and ETJ of Wylie and Murphy. The tasks to be performed are as follows: 1. Review Available Data: _Perkins Engineering Consultants, Inc. (Engineer) will review and utilize the most recent wastewater studies performed for Wylie and Murphy and the NTMWD MC/PMCRIS and MCRWWS contracts. 2. Kick-off Meeting: Engineer will conduct a kick-off meeting with NTMWD, Wylie, and Murphy staff to present the proposed approach that will be taken in conducting the Study and to solicit input on the proposed approach to be taken. Engineer will solicit existing and projected population and wastewater flow information or assumptions the Cities would like to utilize in the Study. During the kickoff meeting, Engineer will summarize the existing MC/MCRIS and MCRWWS contracts and the requirements for the system to acquire additional infrastructure. NTMWD will host the meeting. 3. Review and Document Wastewater Projections: Engineer will coordinate with NTMWD and the cities to obtain, review, and document population and wastewater flow projections for the next twenty (20) years. Projections will be provided annually for the first five years and in five year increments thereafter for a total of twenty years. Flows should be identified by basin and pipeline interceptor system for Wylie, Murphy, the MCRWWP and the Wylie WWTP. Engineer will utilize data from the most recent wastewater studies performed for the cities as a starting point. Engineer will submit draft projections to Wylie, Page 1 of 4 Murphy and NTMWD, and based on comments received, revise projections as necessary. Engineer will send revised projections to the Cities and NTMWD for final approval for use in the Study. 4. Document and Map Existing Infrastructure: Engineer will document and evaluate information on existing infrastructure. Engineer will prepare mapping showing the City limits, ETJ, and wastewater facilities in the study area, including: a. Existing and/or proposed connection points for reinstating the Wylie WWTP. b. Wylie WWTP. c. Location of meters and data. d. Wastewater drainage basins. e. MC/MCRIS pipelines to the Muddy Creek RWWTP f. Maxwell Creek Parallel Trunk Sewer currently under design by the City of Murphy. 5. Feasibility Study: Engineer will determine the feasibility of adding additional infrastructure to the MCRWWS including: a. Perform an evaluation of the existing Muddy Creek RWWTP including but not limited to the following: • Hydraulic analysis of the plants trains to identify any existing bottlenecks. • Cost analysis to relieve any bottlenecks that are identified. • Analysis of the plants trains to identify any existing deficiencies in the process that affect the plants ability to meet current regulatory standards. • Cost analysis to relieve any deficiencies in the process as identified above. • Cost analysis to add components to the plant required to insure that the plant is capable of meeting current regulatory standards. • Install a minimum of three (3) meters in the Muddy Creek Interceptor and one (1) meter in the Maxwell. Creek Interceptor, for a minimum 60 day monitoring period, located near key pipeline intersections as directed by the owner to determine average day dry flow ADDF and two hour peak wet weather flow PWWF for each interceptor. Develop a minimum of two options to handle and treat the PWWF into the MCRWWS. • Provide costs for each city for both proposed PWWF options. Costs should be divided according to the percentage of PWWF attributed to each city based on the flow monitoring. • Option 1 - Based on the updated wastewater projections identify the proposed date the next plant expansion needs to be on line. • Option 1 - Provide planning level cost projections for the next projected plant expansion. • Option 1 - Provide planning level cost projections for the next projected pipeline parallel of the Maxwell Creek. Interceptor and Muddy Creek Interceptors. Page 2 of 4 • Option 2 - Based on the interceptor metering efforts update the wastewater projections and identify the proposed date the next plant expansion needs to be on line. • Option 2 - Provide planning level cost projections for the next projected plant expansion. • Option 1 - Provide planning level cost projections for the next projected pipeline parallel of the Maxwell Creek Interceptor and Muddy Creek Interceptors. b. Perform an evaluation of the existing Wylie WWTP including but not limited to the following: • Hydraulic analysis including diverting flow back into the plant and splitting flow between the two plants. • Mechanical evaluation with NTMWD personnel to determine repairs and/or upgrades needed to place the plant into service. Include costs and installation schedule for any needed repairs and/or upgrades. • Develop a budget for plant O&M going forward and a projected annual budget for plant O&M. • Identify existing plant capital costs, remaining debt service and the effects of incorporating these into the MCRWWS. • Calculate the replacement costs less deprecation (RCLD) of the Wylie WWTP and develop a minimum of two options to calculate Murphy's proposed infrastructure cost, if any, to Wylie for incorporating the WWTP into the MCRWWS • Identify the benefits to Wylie of only Wylie flows being treated at the Wylie WWTP including the cost of plant O&M and the effects on the MCIS and the MCRWWTP c. Potential changes to current planned plant upgrades as developed in the options above and or expansions based on projected average daily flow, peak flows and additional treatment capacity from the Wylie WWTP d. Deteiniine and identify benefits of adding the Wylie WWTP capacity to the MCRWWS including but not limited to the following: • Benefits of deferring planned expansions at the MCRWWTP • Identify existing plant capital costs, remaining debt service and the effects of incorporating the Wylie WWTP into the MCRWWS. • Additional partners sharing 0 & M costs of the Wylie WWTP • Potential reuse benefits • Any additional benefits e. Prepare construction cost estimates detailing cost for projected upgrades or expansions to the MCRWWTP that may be required with and without the addition of the Wylie WWTP to the MCRWWS. f. Provide costs for each task listed above in a tabular form for each city based on the percentages outlined in the MCRWWS contract. Page 3 of 4 g. Provide costs for each task listed above in a tabular form for each city based on the percentages developed from the Interceptor system monitoring. 6. Draft Report: Engineer will summarize findings in a draft report and present one (1) electronic copy of the draft report to the NTMWD, Wylie and Murphy for review and comment. 7. Review Meeting: Engineer will meet with NTMWD, Wylie and Murphy staff to discuss results of the study. NTMWD will host the meeting. 8. Final Report: Engineer will incorporate comments received from NTMWD, Wylie and Murphy and provide fifteen (15) hardcopies and one (1) electronic copy of the final report to the NTMWD, Wylie and Murphy. The estimated time to complete the Study is approximately eight months. Assistance from NTMWD and the cities in obtaining pertinent data on the existing wastewater systems, population studies and other existing studies is a portion of this Study. END OF ATTACHMENT A Page 4 of 4 r8 OF , Wylie City Council f� i1 , .7 R�Ms; AGENDA REPORT Meeting Date: May 13,2014. Item Number: E (City Secretary's Use Only) Department: Police Prepared By: John Duscio Chief of Police Account Code: Date Prepared: March 16, 2014 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2014-17, amending Wylie's Code of Ordinances No. 2005-07, Chapter 74 (Offenses and Miscellaneous provisions), Article VIII (Regulation of Sex Offender Residency); providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Recommendation Motion to approve, Ordinance No. 2014-17, amending Wylie's Code of Ordinances No. 2005-07, Chapter 74 (Offenses and Miscellaneous provisions), Article VIII (Regulation of Sex Offender Residency); providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Discussion Staff has reviewed the Sex Offender Ordinance and has made recommendations in regards to amending Ordinance No. 2005-07 specifically dealing with residency and defined age of a minor. The existing Ordinance lists the age of a minor at less than 16 years of age, whereas the statutes that defines the age of a minor at younger than 17 years of age. The amendment would change the age of a minor to younger than 17. The amendment also defines "Park"where there was no definition. Staff is requesting Council approve amendments of Ordinance No. 2005-07, CHAPTER 74 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE VIII (REGULATION OF SEX OFFENDER RESIDENCY); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. Page 1 of 1 ORDINANCE NO. 2014-17 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES NO. 2005-07, CHAPTER 74 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE VIII (REGULATION OF SEX OFFENDER RESIDENCY); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated into and determined that the City of Wylie, Texas' ("City") Code of Ordinances No. 2005-07, as amended ("Code of Ordinances"), Chapter 74 (Offenses and Miscellaneous Provisions), Article VIII (Regulation of Sex Offender Residency) should be amended; and WHEREAS, the City Council previously investigated into and determined, and hereby affirms, that child predator offenders are a serious threat to public safety; and WHEREAS, the City Council previously found, and hereby affirms, that a high concentration of children gather at, among other areas, schools, public parks and day care centers; and WHEREAS, the City Council previously investigated into and determined, and hereby affirms, that it will be advantageous, beneficial and in the best interest of the citizens of the City to restrict certain offenders from residing in areas that are located at and/or near where there is a high concentration of children; that minimizing immediate access and proximity to children who are at and going to and from schools, parks and day care centers will provide better protection for children in the City and that this residency restriction will foster the public safety of the citizens of the City; and WHEREAS,the City Council finds that it will be advantageous and beneficial and in the best interest of the citizens of the City to amend its Code of Ordinances as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Chapter 74 (Offenses and Miscellaneous Provisions), Article VIII (Regulation of Sex Offender Residency) of the Code of Ordinances. Chapter 74 (Offenses and Miscellaneous Provisions), Article VIII (Regulation of Sex Offender Residency) of the Code of Ordinances, is hereby amended as set forth below: Ordinance No.2014-17—Regulation of Sex Offenders Residency Page 1 of 7 "CHAPTER 74 OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE VIII. REGULATION OF SEX OFFENDER RESIDENCY Sec. 74-151. Definitions. For the purposes of this article, the following terms, words and the derivations thereof shall have the meanings given below. Athletic field shall mean a field or combination of fields owned or leased by the city to facilitate games and/or practice activities. City shall mean the City of Wylie, Texas. Day care shall mean a facility providing care, training, education, custody, treatment, or supervision for 13 or more children for less than 24 hours a day. Minor shall mean a person under the age of 17. Park shall mean a parcel of land, playground, swimming pool, indoor facility, outdoor facility, recreation center, field, athletic field,hike and bike trails, greenbelt areas and any other area in the city owned, leased and/or used by the city, and devoted to active or passive recreation, including any related facilities, parking lots and/or amenities. Permanent residence shall mean a place where a person abides, lodges or resides for 14 or more consecutive days. Playground shall have the same meaning assigned by §481.134, TEx. HEALTH& SAFETY CODE, as amended. Premises where children commonly gather shall mean all improved and unimproved areas on a lot where a public park (excluding planted street medians), private or public school (excluding in-home schools), day care center, video arcade facility, youth center or private recreational facility, including a park, pool, playground, skate park or youth athletic field: (1) owned by a residential property owners association; or (2) for which an entrance, admission, or rental fee is charged is located or reasonably anticipated to be located. School shall have the same meaning assigned by §481.134, TEX. HEALTH &SAFETY CODE, as amended. Ordinance No.2014-17—Regulation of Sex Offenders Residency Page 2 of 7 Sex Offender shall mean a person who is required to register on the Texas Department of Public Safety's Sex Offender Database ("database") because of a conviction(s) involving a minor under one or more of the following: (1) The following sections of the Texas Penal Code, as amended: a. §20.02 (Unlawful Restraint); b. §20.03 (Kidnapping); c. §20.04 (Aggravated Kidnapping); d. §21.08 (Indecent Exposure); e. §21.11 (Indecency With a Child); f. §22.01.1 (Sexual Assault); g. §22.021 (Aggravated Sexual Assault); h. §25.02 (Prohibited Sexual Conduct); i. §30.02(d) (Burglary of a Habitation); j. §33.021 (Online Solicitation of a Minor); k. §43.05 (Compelling Prostitution); 1. §43.25 (Sexual Performance by Child); m. §43.26 (Possession or Promotion of Child Pornography); or (2) Laws of another state, federal law, laws of a foreign country or Uniform Code of Military Justice and the offense(s) for which the person is convicted contains elements that are substantially similar to any of the offenses listed under(1) above. Temporary residence shall mean a place where a person abides, lodges or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where a person routinely abides, resides or lodges for a period of 4 or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. Video arcade facility shall have the same meaning assigned by §481.134, TEX.HEALTH& SAFETY CODE, as amended. Ordinance No.2014-17—Regulation of Sex Offenders Residency Page 3 of 7 Youth center shall have the same meaning assigned by §481.134, TEx. HEALTH& SAFETY CODE, as amended. Sec. 74-152. Offenses. (a) It is unlawful for a person who meets the definition of a sex offender to establish a permanent residence or temporary residence within 1,000 feet of any premises where children commonly gather. (b) Culpable mental state is not required. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this article. Sec. 74-153. Evidentiary matters; measurement. (a) It shall be prima facie evidence that this section applies to a person if that person's record appears on the database and the database indicates that the victim was a minor. (b) For the purpose of determining the minimum distance of separation, the requirements shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described hereinabove, or, in the case of multiple residences on one property, measuring from the nearest property line of the premises to the nearest property line of the premises where children commonly gather, as described herein. (c) A map depicting the prohibited areas shall be maintained by the city. The city shall review the map annually for changes. Said map will be available to the public at the Wylie Police Department. Sec. 74-154. Affirmative defenses. Affirmative defenses. It is an affirmative defense to prosecution that any of the following conditions apply: (1) The person required to register on the database established the permanent or temporary residence and has complied with all of the sex offender registration laws of the State of Texas, prior to the date of the adoption of this article. (2) The person required to register on the database was a minor when he or she committed the offense requiring such registration and was not convicted as an adult. (3) The person required to register on the database is a minor. Ordinance No. 2014-17—Regulation of Sex Offenders Residency Page 4 of 7 (4) The premises where children commonly gather, as specified herein, within 1,000 feet of the permanent or temporary residence of the person required to register on the database, was designated, declared and/or determined, within the sole discretion of the property owner, after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas. (5) The information on the database is incorrect, and, if corrected, this section would not apply to the person who was erroneously listed on the database. (6) The person was at the time of the violation subject to community services supervision pursuant to §42.12(13B), TEx. CODE OF CRIM. PROC., and the court reduced or waived the 1,000-foot restriction for a child free zone under §42.12(13B)(a)(1)(B), as it applies to the person's residence. (7) It is not a defense to prosecution under this section that a person was allowed by the city to register or verify a residence that is within 1,000 feet of premises where children commonly gather. Sec. 74-155. Repealing; savings clause. All provisions of any ordinance in conflict with this article are hereby repealed, but such repeal shall not abate any pending prosecution of violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Sec. 74-156. Severability. Should any section, subsection, sentence, clause and/or phrase of this article be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this article shall remain in full force and effect. The city hereby declares that it would have passed this article, and each section, subsection, clause and/or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or phrases be declared unconstitutional and/or invalid. Sec. 74-157. Penalty provision. Any person, firm, corporation or business entity, or agent or employees thereof, who violate this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined an amount not to exceed $2,000.00 for each offense. Each day that a violation under this article is permitted to exist and/or Ordinance No.2014-17—Regulation of Sex Offenders Residency Page 5 of 7 occurs shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law. Sec. 74-158. Purpose and intent. This article is adopted to provide regulations relating to child predator offenders who have been determined to be a serious threat to public safety. To this end, it has been determined that a high concentration of children gather at, among other areas, schools, public parks and day care centers; therefore, it will be advantageous, beneficial and in the best interest of the citizens of the city to restrict certain offenders from residing in areas that are located at and/or near where there is a high concentration of children; that minimizing immediate access and proximity to children who are at and going to and from schools, parks and day care centers will provide better protection for children in the city; and that this residency restriction will foster the public safety of the citizens of the city." SECTION 3: Penalty Provision. Any person, firm, corporation or business entity, or agent or employees thereof, who violate this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined an amount not to exceed $2,000.00 for each offense. Each day that a violation under this Ordinance is permitted to exist and/or occurs shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude City from filing suit to enjoin the violation. City retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: Repealing/Savings Clause. The Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in. conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause and/or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall. remain in full force and effect. City hereby declares that it would have passed this Ordinance, and each section, subsection, clause and/or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or phrases be declared unconstitutional and/or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law and the City Charter. Ordinance No.2014-17—Regulation of Sex Offenders Residency Page 6 of 7 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 13th day of May, 2014. ERIC HOGUE, Mayor ATTESTED TO BY AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of Publication:May 21, 2014 in The Wylie News Ordinance No.2014-17—Regulation of Sex Offenders Residency Page 7 of 7 uF Wit, . Wylie City Council � .� R�Ms; AGENDA REPORT ,:is Meeting Date: May 13,2014. Item Number: F Department: Public Services (City secretary's Use Only) Prepared By: Purchasing Account Code: Date Prepared: April 29, 2014 Budgeted Amount: Exhibits: n/a Subject Consider, and act upon, the award of bid #W2014-65-A for Concrete Repairs and Maintenance; to GT Construction, Holley & Holley Concrete Company Inc., and Tackett Concrete LLC in an estimated annual amount of$275,000.00, and authorizing the City Manager to execute all necessary documents. Recommendation Motion to approve, the award of bid#W2014-65-A for Concrete Repairs and Maintenance; to GT Construction, Holley & Holley Concrete Company Inc., and Tackett Concrete LLC in an estimated annual amount of $275,000.00, and authorizing the City Manager to execute all necessary documents. Discussion The award of bid#W2014-65-A will establish a price-agreement contract with each of the three (3) contractors for an initial one (1) year period with City optional renewals (four additional one (1) year terms). The price agreement will establish a pre-qualified list of contractors who have met the City's specifications, and provided fixed pricing, insurance and bonding (as required). This pre-qualified contractor list will allow the City greater flexibility in completing concrete maintenance and repairs on time, and with potential cost savings. The contract can be utilized by all City departments, and order will be placed on an as needed basis utilizing one of the three awarded vendors. Staff recommends the award of bid#W2014-65-A for Concrete Repairs and Maintenance; to GT Construction, Holley & Holley Concrete Company Inc., and Tackett Concrete LLC in an estimated annual amount of $275,000.00. Page 1 of 1 ` Wylie City Council wiire AGENDA REPORT Meeting Date: May 13, 2014 Item Number: G Department: Public Services (City Secretary's Use Only) Prepared By: Purchasing Account Code: 100.5411.54210 Date Prepared: 4/8/14 Budgeted Amount: $ 59,600.45 Bid Tabulation; Engineer's Exhibits: Award Recommendation Subject Consider, and act upon, the award of bid#W2014-55-B for W.A. Allen—Alley Drainage Problem; to J. Nichols Construction in the amount of$59,600.45, subject to the timely execution by the City Manager of any and all necessary documents. Recommendation Motion to approve, the award of bid #W2014-55-B for W.A. Allen — Alley Drainage Problem; to J. Nichols Construction in the amount of$59,600.45, subject to the timely execution by the City Manager of any and all necessary documents. Discussion Staff and our engineering consultant recommend the award of W2014-55-B for the W.A. Allen — Alley Drainage Problem project to J. Nichols Construction in the amount of $59,600.45 as the lowest responsive, responsible bidder. (Rev 01/2014) Page 1 of I HELMBERGER ASSOCIATES, INC. CIVIL ENGINEERING CONSTRUCTION MANAGEMENT ENVIRONMENTAL ENGINEERING April 8,2014 Mr. Mike Sferra, Public Services Director City of Wylie 300 Country Club Road Wylie, Texas 75098 RE: Bid #W2104-55-B W.A. Allen —Alley Drainage Problem Dear Mr. Sferra, On Friday, April 4, 2014, at 3:00 PM, bids were opened at the Wylie Municipal Complex 3rd Floor Public Services Conference Room, 300 Country Club Road, Wylie, Texas 75098, for the furnishing of all labor, materials, and equipment necessary for the above project. Three (3) bids were received and opened. They are summarized as follows: Tackett Concrete - $51,954.02 J. Nichols Construction - $59,600.45 Jim Bowman Construction - $63,660.50 The low bidder was Tackett Concrete in the amount of$51,954.02 but their bid did include the required bid security so I can not recommend awarding them the contract. The next lowest bidder,J. Nichols Construction, included the required bid security and their references check. They are currently a contractor for the City of Wylie. They did not indicate that they could not reach substantial completion in the 30 consecutive calendar days specified. I recommend the contract be awarded to J. Nichols Construction in the amount of $59,600.45. 1525 BOZMAN ROAD • WYLIE, TEXAS 75098 • 972-442-7459 • FAX 972-442-1428 TBPE REGISTRATION No. F-000756 Mr. Mike Sferra, Public Services Director City of Wylie April 8,2014 Page 2 Please call with any questions. Sincerely, berger Associates c. 114 Jos ph E. Helmber_•r, P.E. Contractor Recommendation { CORRECTED BID TABULATION W2014-55-B W.A. ALLEN - ALLEY DRAINAGE PROBLEM 4/4/14 MANDATORY BID CONTRACTOR SITE BOND BID SIGNED BID TOTAL VISIT INCLUDED JIM BOWMANN CONSTRUCTION YES Y Y $63,660.50 J. NICHOLS CONSTRUCTION YES Y Y $59,600.45 TACKETT CONCRETE YES N Y $51,954.02 I certify that the above includes all firms contacted to bid and that replies are exactly as stated. Z Glenna Hayes C.P.M., A.P.P. Purchasing Agent Date "BID TABULATION STATEMENT" ALL BIDS SUBMITTED FOR THE DESIGNATED PROJECT ARE REFLECTED ON THIS BID TAB SHEET. HOWEVER,THE LISTING OF A BID ON THIS SHEET SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE. THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE LAWS AND CITY OF WYLIE BID SPECIFICATIONS AND PROJECT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND,ACCORDING TO LAW,ALL BIDS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME. PURCHASING DEPARTMENT—City of Wylie,Texas ttwifire Wylie City Council t �g .�.w fi AGENDA REPORT Meeting Date: May 13, 2014 Item Number: H Department: WEDC (City Secretary's Use Only) Prepared By: Gerry Harris Account Code: Date Prepared: May 2, 2014 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of March 31, 2014. Recommendation Motion to approve, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of March 31, 2014. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on April 25, 2014.. ............... (Rev 01/2014) Page 1 of I 4-09 2014 10:0 F AM CITY OF WYLIE PAGE; 1 BALANCE SHEET AS OF MARCH 31 ST, 2014 111-*YLIE EC:C)NON1L REVEL CORP ACCOUNT 9 TITLE SSE'15.. 1000_1 ono cidiIN ON CASH AND CASH EQUIV.. 1,582,721.70 1000-101.15 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 1000-3 0341 1E51005 0,00 11100-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACI;TS REG - MISC 0.00 1000-11517 ACCTS RE: - SALES TAX 0,00 1000-12810 LEASE PAYMENTS RECEIVABLE .5,412,81'1.6 1000-12996 LOAN RECEIVABLE 83,961,05 1000-12997 AOC7'S REC TECH 0.00 1000-12998 AC.CTS PE;' SAVAGE 120,412.30 1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000-14.116 INVENTORY - LAND & BUILDINGS ,36'1,492.90 1€000-141 H INVENTORY - BAYCOI SANDEN BLVD 0.00 1000-14310 PREPAID EXPENSES -: aMISt1 0.00 1000-14410 DEFERRED CHARGES 841,554.01) 21,411,964,64 TOTAL ASSETS 11,411, 64.64 LIABILITIES 2000-20.110 CR011R.AL INCONE TAX PAYABLE C .00 2000-2011I MEDICARE PAYABLE 0.00 2000R20117 CHILD SUPPORT CAYlae11 0.00 20€00.201 13 CREDIT 011111N PAYABLE 0,00 2000-20114 IRS LEVY PAYABLE 0.00 2000-201'15 NATIONWIDE DEFERRED f:DMP 0.00 2000-2011:11 HEALTH INSUR PAY-EMPLOYEE I 220.91) 2000--2011 1 TNRS PAYABLE 0.00 2000 2011B ROTH IRA PAYABLE 0.00 2000-20119 14OFKIRS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT' LOAN LEVY PAYABLE 0,00 2000-201,23 ALIMONY PAYABLE 0.00 2000-201 4 BANKRUPTCY PAYABLE 0.00 2000.20125 VALIC DEFERRED COMES 0.00 20 0 0--20 1 2 6 It°14A PAYABLE 0.00 2000-20121 EMP.; LEGAL SERVICES PAYABLE 0.00 2000-20130 FLEX SPENDING ACCOUNT 5,699.76 2000.20112 EN CARE FLITS 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-2011 0 ADDIT EMPLOYEE 15SUR PAY C1.00 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 3,05 ,04 2000-20210 ACCOUNTS PAYABLE.: 78,3D,1.71: 4-0S-2014 1003 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS IF: MARCH 3IST, 2014 III-WYLIE ECONOWIs QEQQL CORE ACCOUNT TITLE 26643 42D5E0 PROPERTY TAXES PAYABLE 0:0E 2000-20540 NOTES PAYABLE S41,5114,.00 2°°°FEDEI0 DUE T.() GENERAL FUND LOU 2000-22240 DEFERRED REVENUE 105,456.16 F000_22E75 DEFERRED REV - LEASE PRINCIPAL 5,216,291,1A 2000-22280 DEFERRED REVENUE - LEASE INT 194,020,10 2000-22910 RENTAL DEPOSITS 2,850,00 TOTAL LIABILITIES 6,400,604,2S EQUITy 3000-34110 FUND 'BALANCE - RESERVED 441,944.04 3000E34500 FUND BALANCE-UNRESEHVEUNDEsiG 4,517,145578 TOTAL BEGINNING EQUITY 4,950,09R.82 TOTAL REVENUE 683,530.13 POEM EXPENSES S141,209,56 REVENUE OVER/(UNDER EXPENSES 2,260.54 TOTAL EQUITY I OVER2tUNDEB) 4 001,350 39 TOTAL LEARELITIES, EQUITY 3 OVERC(BNDERI 11,411,964.64 4-09-201 10)03 AM CITY OF WYLIE PAGE: I: BALANCE SHEET AS OF: MARCH 3IST* 2014 92 -GEN TONG TERM ;DEBT (MMIX)' ACCOUNT TITLE ASNFT 1001-10.31.2 GOVERNMENT NOTES 11.00 10I0-38110 LOAN' — MMT1C 0,19I 1000-1812a LOAN — BIRMINGHAM 0.00 1)SS-1821) AMOUNT TO BE PROVIDED 0,00, )000-3.8220 BIRMINGHAM LOAN 9.000 0.00 TOTAL ASSETS 0.00' IaIAB LITIES 2000.20.310 COMPENSATED`ABSENCES DAYABLE 47,819.80 2ABA-20313 C MP ABSENCES PAYABLE—CURRENT' 0.00 2 0)-214I0 ACCRUED INTEREST PAYABLE 0.00 9999-99205 MEUC LOANS - CURRENT 223,483.00 2000-28220 BIRMINGHAM LOAN 0.00 2999-2823I) INSWO G LOAN 0.00 2000-28234 AND LOAN — RANDACN/UUCIES 3E0,69:3,40 2003-282 5 ANS LOAN 104,953,09 2090-28235 ADM CONSTRUCTION LOAN 4,17I),927.89 2000-28240 HUG[IES LOAN 3.00 2000-28250 CITY (F WYLIE WAN' 0.00 2000-28288 PRIME RUTS LOAN I:.10 2000-28270 ROWIAND/ANDERSON LOAN 0.170' 2000.28280 CAPITAL ONE C,ASAD LOAN 0.00 20)0-282 0 HOBART/COMM RCE LOAN 250,08 d.56 TOTAL LIABILITIES 5,158,864.33 EQUITY 300D—34 590 FUND BALANCE UNRR SBRV/UNDNSIG( 5,125,975.1.5) TOTAL BEGINNING EQUITY ( 5,125,975.15), TOTAS. REVENUE 0.00 TOTAL EXPENSES 32,889.1 R REVENUE OVER/(UNDERR) EXPENSES ) _. <,M^32,889,18) TOTAL EQUITY S OVER/(UNDER).. ( 5,158,864.33) TOTAL LIABILITIES, EQUITY S OVE /IUNDSR.7. 0.00 5-I12-2414 11:09 AM CITY 2)F WYLIE PAGE- 1 REVENUE AND 1 NPEN%E REPORT — (UNAUDITED) AS OF. MARCH 315T,; 203.4;:. 111-WYLIE ECONOMIC BEVEL CORP FINANCETA SUMMARY CURRENT CURRENT PRIOR YEAR Y-T_D A—T_ BUDGET 3 tOF... BUDGET PERIOC}--: PO ADJUST. a CII3AL ENCUMBRANC0 DLI AWC E BUDC,CET. REVENUE SUMMM7,RY TAXES 1,956,I739,09 121,483.31 C'a®00 5(1r 8 (ES El 0.00 I,253,238,43 32..26 INTEREST INCOME 41,924.09 3,622.28 0.00 22,301.26 0.00 22,322.74 41.98 MIEI'EL1,A1//I 3US INCOME 123,000,00 8,95 .0 9': 0.00 57,700.00 0.00 65,300.00 46.'91.: 80.00 34,281:.25 0,IC8 204,829 :8 6,10 20E 45I1,T0 45.92 OTHER FINANCING SOURCES E . ___,,,",..... ____ ___ �__ ..._._ __ ...,,.. 2 ..,. .:...m� .. ... ORA!, REVENUES 2,433,939.00 1670 989.94 0.00 98,5 30:13 0,00 1,550,408,87 36,.30 EXPENDITURE. SUMMARY DEVELOPMENT 23733IP'—WED Tip Ip 357 #30 85,233.11 1,394.19 580,3I78,56 298,951.22 2,713, 99.63 24.08 TOTAL EXPENDITURES 3,951,351.00 85,333.11 I 1,194.19) 58O,+90 .56 2980 981,91 2,212,199.63 24,08 REVENUE OVER/WN DEA} EXPENDITURES C 1,219,428.00) 92,653.55 I 1,194.19) 292,624.5'1 ( 288,891.81) 11,223,390.76) 0.33— 5-02-20.14 11;0'7 Ad°9; CITY CsF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - {i3Nfs00ITE00 AS OF: MARCH 31ST 2014 III;:WYLIE ECONOMIC aFVOTo CORP REVENUES CURRENT.' CURRENT PRIOR YEA': Y-T-r YET-9 BUDGE," 6 OE, TION0ET' PERIOD PO AUGUST. ACTUAL ENCUMBRANCE BALANCE: NUDC;ET. TAXES 4000-401.50 REV IN :LEIN OF TAXES 0.00 0.00 9..90 0.00 0.00 0.09 0,00 4010-402.10'801ES TAX I.,836,030.00 321,483.1„ 0'.00 598.699,5; 0>.00 1. 257,335 93 32.2E TOTAL TARES 1,0366,033.0 171,483.1I 0.01 598,699.91 1,00 1-,257„135.43 32.2E TGITER08T 1!1C014E 9000-96060 C'FRTIFI:C:ATE OF 011000aT1 0.00 0,90 0.00 0.00 0.00 0.00 '0.00 4009-46119 ALLOCATED INTEREST EARNINGS 9,000000 26.38 0.0E1 139,61 9.00 820.39 17.96 4000-96140 TEA000L INTEREST 0.00 0.00 0.09 0.00 0.00 0.00 0,00 4000-46143 1,000C IN"1`T110'-1 0.010 0.00 0.00 0.00 0.00 0.061 0.00 9000-4 6150 INTEREST EARNINGS 35,879. 00' 2,998.94 0,00 980293.74 0.00 17,581,26 51.00 4000-46160', LOAN REPAYMENT: (PRINCIPAL) T,745.00 643.96 0.00 3,823.92 0,00 3,921.09 49.33 4000-90290 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0,00 0.00 0.00TOTAL INTEREST INCOME" 44,624.00 3,67 .28 0,00 22,301.26 . ..,. 0.00 22,322.89 48.98 11 sO.E.LL,A.NEK;3'G 6 INCOME 9009-99110' RENTAL INCOME; 149,909.99 9,860.09' 0,90 d,790w061 9.00 660300.00 46.9 9000-46310 00000ERY - PRIOR REAP: ExPEN 9.00 0.00 0=.01 0.00 0.00 0,00 9.00 4000-48410 a"l.SCELLLANE US INCOME 0.00 0.00t .010 0.00< 8.09 0000 0.00 4 000-4 84 30 GAIN/LOSS GALE OF CA'F ASSET 0,00 ti1,11 0.91 0.00 0,10 Q,10 0.00 90101 MISIELLANE08; INCOME 123,00.0,90 8,650,00 O.00 O1,700•111J 0,00 65,300.00 46.91. OTHER, FINANCING SOURCES: 4000-N9160 TRANSFER FROM GENERA' FUND 0.00 0.00 0,00 0.00' 0,00 0,00 0.00 4090-99325 E.ANN NOTE PROCEEDS 0.00 0.00 60.00 0.110 9.110 0.00 0,00 40 11-98660 LEA1I, PRINCIPAL PAYMENTS 10 410,290.90 34,151,25 0.90 204,82 =30' 0.00 '206,460.10 48.92 T0TAT0 OTHER FINANCING SOURCES 470,250.00 34,181..75 00.00 209,826.30 0.00 206,450.10 40.9.2:. TOTAL REVENGERS 2,933,8.39,00 67,056.69 0,00 983,539.93 0.1 1,569,908.83 3839 5-02-2014 1107 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF MARCH 31ST, 2014 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 PERSONNEL SERVICES 5611-51110 SALARIES 194,425.00 14,288.16 0.00 85,218.87 0.00 109,206.13 43.83 5611-51130 OVERTIME 9.00 0.00 0.00 0.00 0,00 0.00 0.00 5611-51140 LONGEVITY PAY 1,250.00 0.00 0,00 1,252.00 0,.00 ( 2.00) 100.16 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 MO 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 5,193.59 0'" 6,126.41 45.88 5611-51220 PHONE ALLOWANCE 3,924.00 0.00 0,00 2,112.00 0.00 1,812.00 53.82 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 a.00 5611-51310 TMRS 26,906.00 1,994.92 0.00 12,122.02 0,00 14,783,98 45.05 5611-51410 HOSPITAL & LIFE INSURANCE 25,263.00 3,994.89 0.00 14,116.54 0,00 11,146.46 55.88 5611-51415 EXECUTIVE HEALTH PLAN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51420 LONG-TERM DISABILITY 1,094.00 84.20 0,00 294.70 0.00 799.30 26.94 5611-51440 FICA 12,676.00 899.81 0.00 4,119.77 000 8,556.23 32.50 5611-51450 MEDICARE 2,965.00 210.43 0.00 1,269.78 0,00 1,695,22 42.83 5611-51470 WORKERS COMP PREMIUM 512.00 0.00 0.00 504.29 0.00 7,71 98.49 5611-51480 UNEMPLOYMENT COMP (TWC) 630.00 0.00 0,00 0.00 0.00 630.00 0.00 TOTAL PERSONNEL SERVICES 280,965.00 22,343.19 0.00 126,203.56 0.00 154,761.44 44.92 SUPPLIES 5611-52010 OFFICE SUPPLIES 5,750.00 35.32 0,00 1,370.08 179.98 4,199.94 26.96 5611-52040 POSTAGE & FREIGHT 980.00 112.96 0.00 163.36 0.00 816.64 16.67 5611-52130 TOOLS/ EQUIP (NON-CAPITAL) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 5,000.00 288.25 0.00 1,631.72 89.22 3,279.06 34.42 5611-52990 OTHER 50000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 ,... TOTAL SUPPLIES 16,730.00 436.53 0.00 3,165.16 269.20 13,295.64 20.53 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 3,000.00 254.95 0.00 668.93 0,00 2,331.07 22.30 5611-54990 OTHER 0.00 0 00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 254.95 0.00 668.93 0.00 2,331.07 22.30 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,272,422.00 0.00 0.00 235,671.62 0.00 1,036,750.38 18.52 5611-56040 SPECIAL SERVICES 104,940.00 1,061.50 0.00 34,999.98 4,168.72 65,771.30 37.32 5611-56080 ADVERTISING 43,474.00 795.00 0.00 12,474.00 0.00 31,000.00 28.69 5611-56090 COMMUNITY DEVELOPMENT 49,000.00 1,137.08 0.00 28,949.48 160.00 19,890.52 59.41 5611-56110 COMMUNICATIONS 4,410.00 347.05 0.00 1,940.91 252.32 2,216.77 49.73 5611-56180 RENTAL 24,600.00 2,044.00 0.00 14,114.00 0.00 10,486.00 57.37 5611-56210 TRAVEL & TRAINING 28,395.00 2,857.27 0.00 7,327.91 1,437.57 19,629.52 30.87 5611-56250 DUES & SUBSCRIPTIONS 9,288.00 50.00 0.00 3,265.00 0.00 6,023.00 35.15 5611-56310 INSURANCE 3,107.00 0.00 0.00 3,102.00 0.00 5.00 99.84 5611-56510 AUDIT & LEGAL SERVICES 22,888.00 1,350.00 0.00 7,422.00 0.00 15,466.0C 32.43 5611-56570 ENGINEERING/ARCHITECTURAL 20,800.80 0.00 0,00 12,036.95 0.00 7,963.05 60.1B 5611-56610 UTILITIES-ELECTRIC 3,000.00 141.91 0.00 782,51 0.00 2,217,49 26.08 TOTAL CONTRACTUAL SERVICES 1,585,524.00 9,783.81 0.00 362,086.36 6,018.61 1,217,419.03 23.22 5-02-2014 11:07 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF' MARCH 31ST, 2014 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 701,638.00 60,519,63 0.00 383 781 55, . 0,00 317,856.45 54.70 5611-57710 BAD DEBT EXPENSE 000 0.00 __..,0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP. REPL 701,638.00 60,514.63 0.00 383,781.55 0.00 317,856.95 54.70 CAPITAL_OUTLAY 5611-58110 LAND-PURCHASE PRICE 1,000,000.00 282,364.00 0.00 548,563.50 282,369.00 169,072.50 83.09 .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 60,000.00 0.00 0.00 0.00 0.00 60,000.00 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 0.00 0.00 2,500.00 0.00 5611-58910 BUILDINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 ( 290,364.00) 0.00 I 833,563.50) 0.00 833 563.50 0.00 TOTAL CAPITAL OUTLAY 1,065,500.00 ( 8,000.00) 0.00 ( 285,000.00) 282,364.00 1,068,136.00 0.25- OTHER FINANCING (USES) 5611.-59111 TRANSFER TO GENERAL FUND 0,00 0.00 0.00 0.00 0.00 0.00 0.00 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) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEVELOPMENT CORP-WEDC 3,653,357.00 85,333.11 0.00 590,905.56 288,651.81 2,773,799.63 24.08 TOTAL EXPENDITURES 3,653,357.00 85,333.11 0.00 590,905.56 288,651.81 2,773,799.63 24.08 REVENUE OVER (UNDER) EXPENDITURES ( 1,219,418.00) 82,653.53 0.00 292,624.57 ( 288,651.81) ( 1,223,390.76) 0.33- **,r END OF REPORT *** Wylie Economic Development Corporation Inventory Subledger March 31, 2014 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 Demo 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. 1.089 217,500 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 Demo 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 Hobart 11/12/13 Commerce 1.60 n/a 156,819.50 Hobart Investments 1/6/14 605 Commerce 1.07 396,263 20,000 386,380.00 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Heath 3/17/14 104 N. Jackson 0.17 220,544 3,304 220,034.00 Udoh 2/12/14 109 Marble 0.17 70,330.00 Total 33.48 1,411,115 153,059 3,657,861.90 *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. Wylie Economic Development Corporation Balance Sheet Sub ledger March 31, 2014 Notes Payable Date of Rate of Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance March 1, 2014 $5,179,235.52 ANBTX MARTINEZ(#40 of 60) 10/28/10 $8,200.66 $160,098.97 $7,835.52 $365.14 2.95 152,263.45 ANBTX ACE(#32 of 180) 8/1/11 36,828.67 4,312,619.35 20,016.20 16,812.47 4.55 4,292,603.15 ANBTX HUGHES/RANCACK(#16 of 6C 10/23/12 10,107.00 422,080.74 8,799.00 1,308.00 3.99 413,281.74 Hobart HOBART(#3 of 60) 1/6/14 5,378.30 276,600.94 4,225.80 1,152.50 5.00 272,375.14 March 31, 2014 $40,876.52 $19,638.11 $5,130,523.48 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. The final date to draw on the note is August 15,2014. WYLIE ECONOMIC SALES DEVELOPMENTTAXREVENUE CORPORATION FOR THE MONTH OF APRIL 2014 MONTH WEDC WEDC WEDC DIFF % DIFF 2012 2013 201413 VS 14 12 VS13 DECEMBER $112,676 $148,500 $134,371 - 14,129 9.51°! JANUARY 118,175 117,904 128,968 11,064 9.38°1�a FEBRUARY 171,759 187,682 213,877 26,195 13 96°1° MARCH 113,571 139,745 121,483 -18,262 -13.t7°/s� APRIL 115,114 121,594 124,866 3,272 2.69'/° MAY 154,424 192,612 JUNE 119,326 141,328 J U LY 125,555 148,763 AUGUST 155,875 180,280 SEPTEMBER 123,863 144,572 OCTOBER 122,650 137,407 NOVEMBER 172,141 193,783 Sub-Total $1,605,130 $1,854,171 $723,565 $8,140 1.14% AUDIT ADJ TOTAL $1,605,130 $1,854,171 $723,565 $8,140 1.14% WEDC SALES TAX ANALYSIS ... ..._ 200,00 _. its,, ....111 111 11 o- ,000 js rrw- AlPM if j aflay 34` t ..i a,. _+`f ,1` gi r` t i td 141 1 Z }if$50,000 r 'n ! ! !- 2 -9, '� = o E 0o ' Q a O Z co OF Wit,8 , , il Wylie City Council � .� R�Ms; AGENDA REPORT Meeting Date: May 13,2014. Item Number: I Department: City Manager (City secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: May 5, 2014 Budgeted Amount: N/A Exhibits: 1 Subject Consider, and act upon, Resolution No. 2014-12(R) of the City Council of the City of Wylie, Texas, denying the rate increase requested by Atmos Energy Corp., Mid-Tex Division under the company's 2014 Annual Rate Review Mechanism Filing in all cities exercising Original Jurisdiction; Requiring the company to reimburse cities' reasonable ratemaking expenses pertaining to review of the RRM; Authorizing the City's participation with Atmos Cities Steering Committee in any appeal filed at the Railroad Commissions of Texas by the company; Requiring the company to reimburse cities' reasonable ratemaking expenses in any such appeal to the Railroad Commission; Determining that this resolution was passed in accordance with the requirements of the Texas Open Meetings Act; Adopting a Savings Clause; And requiring delivery of this resolution to the company and the steering committee's legal counsel. Recommendation Motion to approve, Resolution No. 2014-12(R) of the City Council of the City of Wylie, Texas, denying the rate increase requested by Atmos Energy Corp., Mid-Tex Division under the company's 2014 Annual Rate Review Mechanism Filing in all cities exercising Original Jurisdiction and as provided for in Consent Item I. Discussion The City, along with approximately 164 other cities served by Atmos Energy Mid-Tex Division ("Atmos Mid- Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). On or about February 28, 2014, Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff renewed by the City in 2013 as a continuation and refinement of the previous RRM rate review process. This is the second annual RRM filing under the renewed RRM tariff. The Atmos Mid-Tex RRM filing sought a $45.7 million rate increase system-wide based on an alleged test-year cost of service revenue deficiency of $49 million. Of the total amount requested, almost $37 million is attributable to the affected cities. The City worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to increase rates. Although a good faith attempt was made by ACSC to reach a compromise with Atmos Mid-Tex, an agreement was not reached. In the absence of an agreement, the ACSC Executive Committee and ACSC's legal counsel have recommended that ACSC members adopt the attached Resolution denying the rate increase request. Page 1 of 4 Page 2 of 4 The RRM tariff was adopted by the City as an alternative to the Gas Reliability Infrastructure Program ("GRIP"), the statutory provision that allows Atmos to bypass the City's rate regulatory authority to increase its rates annually to recover capital investments. In past years, cities have been able to reach a compromise with Atmos to reduce the rate impact from the requested RRM increases, and these compromises have also been lower than the rates that Atmos would have been entitled to under the GRIP filing. In this case, the Company would have been entitled to an increase from GRIP of no more than $31.5 million. The magnitude of the requested increase under the 2014 RRM filing, and the wide differences between it and the ACSC consultants' recommendations made a compromise much more difficult and ultimately impossible. The Company demanded more than it would be entitled to if it had filed a GRIP case. For this reason, the ACSC Executive Committee and ACSC legal counsel recommend that all ACSC Cities adopt the Resolution denying the requested rate change. RRM Background: The RRM tariff was originally approved by ACSC Cities as part of the settlement agreement to resolve the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad Commission. In early 2013, the City adopted a renewed RRM tariff for an additional five years. This is the second RRM filing under the renewed tariff. This filing was made by agreement less than one year after the first filing in order for the RRM rate-setting process to hereafter use a calendar year as the test period. The RRM tariff and the process implementing that tariff were created collaboratively by ACSC and Atmos Mid-Tex as an alternative to the legislatively-authorized GRIP surcharge process. ACSC has opposed GRIP because it constitutes piecemeal ratemaking, does not allow any review of the reasonableness of Atmos' expenditures, and does not allow participation by cities or recovery of cities' rate case expenses. In contrast, the RRM process has allowed for a more comprehensive rate review and annual adjustment as a substitute for GRIP filings. ACSC's consultants have calculated that had Atmos filed under the GRIP provisions, it would have received additional revenues from ratepayers of approximately$31.5 million. Purpose of the Resolution: Rates cannot change without the adoption of rate ordinances by cities. No related matter is pending at the Railroad Commission. The purpose of the Resolution is to deny the rate increase requested by Atmos. Under the RRM tariff, Atmos may appeal the rate decision of the cities to the Railroad Commission; such appeal must be filed within thirty (30) days of the City action. The RRM tariff also allows Atmos to implement its requested rates effective June 1 while any appeal at the Commission is pending, subject to refunds based upon the outcome of the appeal. This would represent a monthly increase of approximately $2.02 for the average residential customer, subject to any refund if the Commission reduces the rates implemented by Atmos. The actual impact will be slightly less than $2.02 for most residential customers because the Company has indicated it will not appeal and thus concedes several of the issues raised by Cities. The Resolution also authorizes the City to participate as a party to the appeal in conjunction with the ACSC, and requires the Company to reimburse the City for its rate case expenses associated with the City's review of the RRM filing, and with the appeal of the City's denial of the rate increase. Rate Impact of Appeal by Atmos Effective June 1: The RRM tariff constrains the annual increase in the residential customer charge to no more than $0.50. The Page 3 of 4 current $17.70 customer charge will be increased to $18.22 per month with the addition of an energy conservation program surcharge of $0.02. The current $17.70 customer charge for unincorporated area customers will become $20.32 per month because all of the increase associated with a GRIP filing, which is applicable to all customers not covered by a RRM tariff, is placed on the customer charge. However, the commodity charge for unincorporated residential service will be less than one-half of the commodity charge for residents of incorporated areas $0.04172 per Ccf vs. $0.08998 per Ccf. A comparison of rates and rate impact of what Atmos initially proposed in its RRM filing is reflected in the following chart: New New Base Customer Current New Customer Commodity Rate Class Bill Bill Difference Charge Charge Increase Residential 48.09 50.11 2.02 $ 18.22 $0.08998 Ccf 9.41% Commercial 254.85 260.91 6.06 $ 38.85 $0.07678 Ccf 9.59% Industrial 4,680.30 4,837.10 156.80 $675.00 declining block 9.70% Transportation 2,836.84 2,993.64 156.80 $675.00 declining block 9.70% However, Atmos has indicated that it will not appeal all issues raised by Cities and thus the impact should be slightly less than what is reflected in the above chart. A precise impact statement cannot be presented until after the Company's appeal is filed. Reasons Justifying Approval of the Resolution: Consultants working on behalf of ACSC Cities have investigated the Company's requested rate increase. While the evidence does not support the $45.7 million increase requested by the Company, ACSC's consultants agree that the Company can justify an increase in revenues of a much lesser amount namely, an increase of only $19 million. The Executive Committee authorized a settlement value considerably above the consultants' recommendation but it was insufficient to meet the Company's expectation. The Company and ACSC Cities were too far apart in their positions to reach a compromise, and rather than granting a partial increase that the Company will not accept, the option remaining is to deny the rate increase request in its entirety, and participate in the Company's appeal of this decision at the Railroad Commission. Explanation of"Be It Resolved" Paragraphs: 1. This paragraph approves all findings in the Resolution. 2. This section denies the requested rate increase, finds the proposed rates to be unreasonable and not in the public interest, and finds the existing rates to be just and reasonable. 3. This section requires the Company to reimburse ACSC Cities for reasonable ratemaking costs associated with reviewing and processing the RRM application. 4. This section authorizes participation by the City in conjunction with ACSC in any appeal filed by the Company at the Railroad Commission, and authorizes ACSC and its counsel to act on behalf of the City. This section also requires the Company to reimburse ACSC Cities for reasonable ratemaking costs associated with any appeal filed by the Company to the City's resolution. Page 4 of 4 5. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 6. This section is a savings clause, which provides that if any section(s) is later found to be unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining provisions of this Resolution. This section further directs that the remaining provisions of the Resolution are to be interpreted as if the offending section or clause never existed. 7. This paragraph directs that a copy of the signed Resolution be sent to a representative of the Company and legal counsel for ACSC. RESOLUTION NO. 2014-12(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DENYING THE RATE INCREASE REQUESTED BY ATMOS ENERGY CORP., MID-TEX DIVISION UNDER THE COMPANY'S 2014 ANNUAL RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES PERTAINING TO REVIEW OF THE RRM; AUTHORIZING THE CITY'S PARTICIPATION WITH ATMOS CITIES STEERING COMMITTEE IN ANY APPEAL FILED AT THE RAILROAD COMMISSION OF TEXAS BY THE COMPANY; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES IN ANY SUCH APPEAL TO THE RAILROAD COMMISSION; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. WHEREAS, the City of Wylie, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company"), and a regulatory authority with an. interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of approximately 164 similarly situated cities served by Atmos Mid-Tex that have joined together to facilitate the review of and response to natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, pursuant to the terms of the agreement settling the Company's 2007 Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop a Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process controlled in a three-year experiment by ACSC Cities as a substitute to the current Gas Reliability Infrastructure Program ("GRIP")process instituted by the Legislature; and WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos Mid-Tex resolving the Company's 2007 rate case and authorizing the RRM tariff; and WHEREAS, in 2013, ACSC and the Company negotiated a renewal of the RRM tariff process for an additional five years; and WHEREAS, the City passed an ordinance renewing the RRM tariff process for the City for an additional five years; and Resolution No.2014-12(R)-Atmos Energy Corp.-Rate Increase Denial Page 1 of 3 WHEREAS, the RRM renewal tariff contemplates reimbursement of ACSC Cities' reasonable expenses associated with RRM applications; and WHEREAS, on or about February 28, 2014, the Company filed with the City its second annual RRM filing under the renewed RRM tariff, requesting to increase natural gas base rates by$45.7 million; and WHEREAS, ACSC coordinated its review of Atmos Mid-Tex's RRM filing through its Executive Committee, assisted by ACSC attorneys and consultants, to investigate issues identified by ACSC in the Company's RRM filing; and WHEREAS, ACSC attorneys and consultants have concluded that the Company is unable to justify a rate increase of the magnitude requested in the RRM filing; and WHEREAS, ACSC's consultants determined the Company is only entitled to a $19 million increase, approximately 42% of the Company's request under the 2014 RRM filing; and WHEREAS, the Company would only be entitled to approximately $31 million if it had a GRIP case; and WHEREAS, the Company's levels of operating and maintenance expense have dramatically risen without sufficient justification; and WHEREAS, the Company has awarded its executives and upper management increasing and unreasonable levels of incentives and bonuses, expenses which should be borne by shareholders who received a 23%total return on investment in 2013; and WHEREAS, the Company requested a drastically high level of medical expense that is unreasonable and speculatively based upon estimates; and WHEREAS, ACSC and the Company were unable to reach a compromise on the amount of additional revenues that the Company should recover under the 2014 RRM filing; and WHEREAS, the ACSC Executive Committee, as well as ACSC's counsel and consultants,recommend that ACSC Cities deny the requested rate increase; and WHEREAS, the Company's current rates are determined to be just, reasonable, and in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. That the findings set forth in this Resolution are hereby in all things approved. Section 2. That the City Council finds that Atmos Mid-Tex was unable to justify the appropriateness or the need for the increased revenues requested in the 2014 RRM filing, and that existing rates for natural gas service provided by Atmos Mid-Tex are just and reasonable. Resolution No.2014-12(R)-Atmos Energy Corp.-Rate Increase Denial Page 2 of 3 Section 3. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC Cities in processing the Company's RRM application. Section 4. That in the event the Company files an appeal of this denial of rate increase to the Railroad Commission of Texas, the City is hereby authorized to intervene in such appeal, and shall participate in such appeal in conjunction with the ACSC membership. Further, in such event Atmos Mid-Tex shall reimburse the reasonable expenses of the ACSC Cities in participating in the appeal of this and other ACSC City rate actions resulting from the 2014 RRM filing. Section 5. That the meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. That if any one or more sections or clauses of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution and the remaining provisions of the Resolution shall be interpreted as if the offending section or clause never existed. Section 7. That a copy of this Resolution shall be sent to Atmos Mid-Tex, care of Chris Felan, Manager of Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle &Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. RESOLVED this 13th day of May, 2014.. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2014-12(R)-Atmos Energy Corp.-Rate Increase Denial Page 3 of 3 Wylie City Council AGENDA REPORT Meeting Date: May 13, 2014 Item Number: 1. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: May 5, 2014 Budgeted Amount: Exhibits: 1 Subject Hold a Public Hearing, and consider, and act upon, approval of a Replat for 78 Corner Addition, Block A, Lots 2R2, and 2R3; generally located at the northwest corner of SH 78 and F.M. 544, immediately north of Chase Bank and south of AutoZone Store. Recommendation Motion to approve, a Replat for 78 Corner Addition, Block A, Lots 2R2, and 2R3; generally located at the northwest corner of SH 78 and F.M. 544, immediately north of Chase Bank and south of AutoZone Store. Discussion OWNER: WYLIE-PHS LP APPLICANT: GARZA BURY,LLC The property totals 2.228 acres and the purpose for the Replat is to establish two separate lots & dedicate easements to accommodate the develop of an emergency medical facility on one lot and establish a lot for drainage and floodway purposes. The Replat complies with all applicable technical requirements of the City of Wylie. A Site Plan was approved by the Commission at its April 15th meeting. P&Z Commission Discussion The Commission discussed the drainage easement and asked if it would landscaped or not. Staff stated that the purpose of the easement would be more of a swale and not landscaped. The Commission recommended approval 5-0 subject to additions and/or alterations to the engineering plans as required by the Engineering Department. (Rev 01/2014) Page 1 of 1 V) St Y iv ____ _______ ____ _______ ______ ____ LOT 3 �� _ LINE E�EBEARwPMENT E DD STANCE CURVE LENGTH RADIUSATA DELTA EASEMENT Cur:vE DATA CALLED 22,769 SO. FT. WYLIE INDUSTRIAL PARK o_ 0a 3412 _ _.._.._.. _.._._ I W L2 NOG 0S'35"E 1 C4 10 21 I TA CHORD L.F NGTH HEARING WYL ECONOMIC DEVELOPMENT BLOCK SLIDE r✓. J OAK I_ # _- CORPORATION L.OT 4 FLEMING W INST.ANo. 20121023001349560 CABINET A, SLIDE 77 0 ELLIOT O Li N3754'22"W 46.02' C3 21 °0 20.00 60'44'37" 20-22 S21' 43' 0206' O.P.R.C.C.T. WYLIE ECONOMIC P.R.G,C.T. A'E DEVELOPMENT CORPORATION _ INST. NO. 20121023001349560 LOT 5 -,_ LS N52'5201'E 63-01' CS 21.E 4' 20.00 6034_'14 20.17 N8__35 006"F r - _ _ O.P.R.C.C.T. WYLIE ECONOMIC DEVELOPMENT L4 5.,754"25E 25.`5" CO 21.81' 0.00 52'29'25 20.75NOT 54' 248E 777 L N22' 31' SZ6 'E CORPORATION WYLIE ECONOMIC riONLOPMF_NT R 0 -'-- -_ 09 VOL. 5961, PG. 3314 I I 4. - -- O P R R C T LOT7 .0.0. /2'S820" 9.76 N37' 54' 24.86"W _- __ / IRC7 1 E (CM) INST. NO. 20060915001335430 / / SITE IH 562°0636'W 68.13' C8 t0_23' 20.00 60'48'20" 20.24 SOT 29' 45.07'W 81'/9' E / ta _._--.....__._._. _- -._.__ _- 228.69 - / B 25.50' 7, 7, - 'DO 23.81 STD: 49' 21.51"wL _ __ Zr a WILLIAMS J CL7 ssros35'w 43.65' 10 4.52CAB BocK INDUSTRIAL PARK DRAINAGE EASEMENT ) __ _ / GRAPHIC SCALE IN FEET W CITIZ NS m C71 5.30' 9.90' 30'40"10" WYLIESLIDE 77 / )( 1/z' IRE ©NAILS _ -- _- 8i .7 / P N 80 49 W 1.69 / / o v ' 5.24 sas' 47' o0 77C I BIR.C.C.T, CAB. N, SL. 378 _- _/ // o a4.36 545 34' 05 27" E P.R.GG.T. I •s / - - _ 0 SCALE: 40 60 80 544 o KIRB, C1_ 6.87' 44.,00 8'5624" 6.86 556. 12 45.14 W I I LOT 1 o' ‘ o --- -/�- -- = ------- 1" = 40' -- w 3 ,`-15' UTILITY EASEMENT 'C- RONALD G. DOW, ET UX u ) 15' UTILITY 7. 77 Ni / Y T �o VOL. 1558, PG. 784 I i CAB. zoos, SINE em d.R.aci. 7 7 -J 4I f a D.R_C_GL bP.R.C.C.T. > / 7 e A5L. 7 /a Q \if.: LOT 2R3 o 26 o w w z �- p _ m _- _ / 0.951 ACRES / �77 _ / % (41,437 SQ. FT.) o LOT/ 3R, BLOCK A Q O / {J 15' U9tITY EASEMENT / ro - - -C __- v6T- CITY OF WYLIE 7 CALLED 7,500 SQ. FT. i - / / REPLAT 78 CORNER ADDITION I _ VOL. 78J, PG 631, RONALD C. DOW, ET UX _A _ I / • E oRc c.T / // FIRST REVISION *DEDICATION STATEMENT* o ��/z" IRE VOL. 1806, PG. 902 D. - - — ;o (SEE NOTE No. 3) / / r, WILLOW WAY CAST T P SLIDE 296 _ O � 1/2" D.R.C.C.T. I •54 _- _- _ / s/ I NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS; o APPROXIMATE -- ) N / 't NF-P.R.C.C.T. L� ) S 80b LOCATION �)/'t IRE w/ORANGE. CAAV / 7kt STONEY BROOK - -- THAT WYLIE-PHS LP, A TEXAS LIMITED PARTNERSHIP AND WYLIE-PHS GP LLC, A TEXAS LIMITED LIABILITY ro 34�" E 1/2^ RA OF FLOODPLAIN i STAMPED 'PIDURN - - -/ -- COMPANY, ITS GENERAL PARTNER, ACTING HEREIN BY AND THROUGH THE UNDERSIGNED THEIR DULY IWa 149.9$ rELLuw caa It MPAeTNERs" - -_-_ _ // K�0\ T. SCOTT PROCTOR, ET AL. AUTHORIZED AGENT, DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREIN ABOVE DESCRIBED b ..knSTAMPS' D o' -- -- - / 92 F VOL. 5561, PG. 5511 PROPERTY AS 78 CORNER ADDITION, THIRD REVISION, AN ADDITION TO THE CITY OF WYLIE, TEXAS, AND ,D I • CP, 66, O.P R R.P.C,C.T. DOES HEREBY DEDICATE M FEE SIMPLE, TO THE PUBLIC USE FOREVER, THE STREETS, RIGHT-OF-WAY, ANDd NORTHWEST LINE OF RAILROAD /H VICINITY MAP OTHER PUBLIC IMPROVEMENTS SHOWN THEREON. THE STREETS AND ALLEYS, IF ANY, ARE DEDICATED FORLOT 7R] —`[3, BLOCK A RIGHT OF WAY AND EASEMENT AREA ' * * DEiENTIGN POND 3' AS DESCRIBED IN STREET PURPOSES. THE EASEMENTS AND PUBLIC USE AREAS AS SHOWN, ARE DEDICATED FOR THE PUBLIC ` 78 CORNER ADDITION 2J / q VOL. 4942, PG. 2964 (1'=1000') USE FOREVER, FOR THE PURPOSES INDICATED ON THIS PLAT. NO BUILDINGS. FENCES, TREES, SHRUBS, OR Y� / DRAINAGE EASEMENT •k \ SECOND REVISION oP.Ra.P.C.c.T. / / // 842550 NO. 10A-B OTHER IMPROVEMENTS OR GROWTHS SHALL BE CONSTRUCTED OR PLACED UPON, OVER OR ACROSS THE I CAB. N. SL. 378- / / /��qq CABINET 2006, SLIDE 507 / / EASEMENTS AS SHOWN, EXCEPT THAT LANDSCAPE IMPROVEMENTS MAY BE PLACED IN LANDSCAPE P.R.ac T. In / EASEMENTS, IF APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE. IN ADDITION, UTILITY EASEMENTS / ) STORM ORAIW• /24 N°P $I e�N�7 P.R,C.C.T, CO / / /j/ OWNER'S CERTIFICATE MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO / I/2" IRE W/YELLOW • 24"RCP / WYLIE-PHS LPv. 24"RCP (9 12" RCP / USE OR USING THE SAME UNLESS THE EASEMENT LIMITS THE USE OF PARTICULAR UTILITIES, SAID USE BY CAP STAMPED - / // PAA/ 'NUM' (CM) 3 - w B\ J ,� INST. NO. 20101214001367750 / / / STATE OF TEXAS PUBLIC UTILITIES BEING SUBORDINATE TO THE. PUBLIC'S AND CITY OF WYLIE USE THEREOF. I \-Ct1_ w e,6og13 , E n$ 1 CA' STAMPED D 0.F.R.C.C.T. /// 5/// \\A/ / P7i' p; q.� 164.68 '4 k� "PRISM SURV / �"// / ..D.-- COUNTY OF COLLIN § THE CITY OF WYLIE AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED / P / // / V / / " 8"._ �Y k4' INC" LOT 2R2 / // / / FEFFH(NCE BENCHMANK ALL OR PARTS OF ANY BUILDINGS, FENCES TREES, SHRUBS OR OTHER IMPROVEMENTS OR GROWTHS ( )\A )9, ----MN- - 4 77 Y / 'R / WHICH MAY IN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY I / T R- / W8' --_ -- 7 1.277 ACRES F / ,./ arroEwruE 1/2" IRE W/ORANGE CAP /a / // / O coNrFOC A1oNuuENr OF THEIR RESPECTIVE SYSTEMS IN SAID EASEMENTS. THE CITY OF WYLIE AND PUBLIC UTILITIES ENTITIES / 7 -- - -___ V2" IRE W/YELLOW / u'/ / 77 �65' 77077777770777777777777 UMBER "CM Y' WHEREAS WYLIE-PHS, LP, IS THE OWNER OF A TRACT OF LAND SITUATED IN THE SAMUEL - - I STAMPED PIBURN o (55,623 SQ. FT.) / SHAL..L, AT ALL TIME HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM 1982 RESPECTIVE // - __ CAP STAMPED, PARTNERS" CO 0L,0 / / %N• PUBLISHED ELEVATION B. SHELBY SURVEY, ABSTRACT NUMBER 820, CITY OF WYLIE, COLLIN COUNTY, TEXAS, EASEMENTS PATROLLING, MAINTAINING, READING METERS, AND ADDING TO OR REMOVING AEI. OR PARTS OF // Ko 'AGO / / 79'S6'SY W 30.39. cz �5 // cross' RI IN A SPECIAL WARRANTY TOWY -PH P RECORDED IN - / o^ 6 DESCRIBEDSEC LDEED LE 5 LP. ECO DED THEIR RESPF'.C'irVF'. SYSTEMS WITHOUT THE NE.CE'.SSI'ry AT ANY TIME OF PROCURING PERMISSION FROM / �, / - '-� N' J / 09 / e h/// / / •y0 20101214001367750, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS (QER.GC.T.), ANYONE a r--- --osawacE EASEMENT \ \ p y / / / / ,y / / +yb AND BEING ALL OF LOT 2R1-B, BLOCK A, 78 CORNER ADDITION, SECOND REVISION, AN I / " CAB. N. SL. L. 378 I / 'cV Il 3 //// / $54 ADDITION TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, RECORDED IN CABINET 2006, THIS PLAT APPROVED SUBJECT TO ALL PLATTING, ORDINANCES, RULES, REGULATIONS, AND RESOLUTIONS / jI / \ y5p< WALE ` 707 / / / / / NV SLIDE 507, PLAT RECORDS, COLLIN COUNTY, TEXAS (P.R.C.C.T.) AND BEING MORE OF THE CITY OF WYLIE, TEXAS. ) \ VB \ GKEZW6VA vAULi 2 A�, �, /„A/ 5 /�/ // �,� PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: I \ \ off yFeu,ro `T` 'Sp, Z. Ps,� oX� /////4.W /j ,774 p°- -z<' �oC�a o. SLIDE SPACE WITNESS, MY HAND, THIS THE DAY OF 2014 I __ _ r' \\ cc:#-H0H / pPPeP /� / / REVISED CBY PLAT BEGINNING AT A 1/2 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "RPLS /`' - >\ r Y .5 w cP ehrr`' /g /' / �/ CAB. zoos SL. 507 WYLIE'.-PHS LP, A TEXAS LIMITED LIMITED PARTNERSHIP _ D-Ijk I ' \ \ LOT 2Rl -A, BLOCK A J �`), 2` + , �5 4613" FOUND FOR THE MOST EASTERLY CORNER OF SAID LOT LOT 2R1 -B. BLOCK A. / -25' BUILDING LINE ,-n A/ w - SD 7, 6 \e Cg /4 e / / o.P.R.c.c.i. SAME BEING THE MOST SOUTHERLY CORNER OF LOT 3R, BLOCK A. REPLAT 78 CORNER I CAB. O. SL. 17 Sr�r�J r � C� 7 e., 78 CORNER ADDITION •6, O - C7� // BY: WYLIE-PHS GP L.LC, A TEXAS LIMITED LIABILITY COMPANY, ITS GENERAL PARTNER - ADDITION, FIRST REVISION, AN ADDITION TO THE CITY OF WYLIE, COLLIN COUNTY TEXAS, I / r J� \ I\�O S '� \ SECOND REVISION �'\ // / // i,6 \ / R pE STAMPED OF BEGINNING RECORDED IN CABINET P, SLIDE 296, AY 78 AND BEING IN THE NORTHWESTERLY RIGHT ( / I JO\�/I(J )"J )C r '/ / Kw\ CABINET 7? CCSL7DF 507 / / /u �j �_// / j POI OF WAY (R.O.W.) LINE OF STATE HIGHWAY 78 (A VARIABLE WIDTH PUBLIC R.O.W.): \- / / P 1/7 IRE W/YELLOW CAP I "RPLS 4613" . r CM THENCE, SOUTH 51'44'30" WEST, ALONG THE NORTHWESTERLY R.O.W. LINE OF SAID STATE NAME: \ JABLR HOLDINGS TOO, LLC (CEO HIGHWAY 78, COMMON TO THE SOUTHEASTERLY LINE OF SAID LOT 2R1-B, BLOCK A, AI V A INST. NO. 201 2061 300 0 703620 p°' / . / / -1`.... . 'TITLE-_. LOT 1R, BLOCK A V A o.P.R.C.C.T. ��L S DISTANCE OF 187.07 FEET TO A 5/8" IRON ROD WITH YELLOW CAP STAMPED "BURY + {� / 777 7 0 ILO _ 1 vno21 PARTNERS" SET FOR THE MOST SOUTHERLY CORNER OF SAID LOT 2R1-B, BLOCK A, 1 / 78 CORNER ADDITION N A SEE EASEMENT j / // ,Ao hie-pH�// 0,1, SAME BEING THE MOST EASTERLY CORNER OF LOT 2R1-A, BLOCK A. OF SAID 78 CORNER -- -- -� CABINET 0, SL..Dc. 1 7 V e A 514 STATE HIGHWAY 78 DETAIL Z.::: / -D. / /// 1 ADDITION, SECOND REVISION; ( P.R.C.C.T, A A "r / //�- j/ F' sW Riu p A / p WYLIEI LLC \ \ j �7777 // ��pA 6e- + CONCRETE HEAOWALL THENCE, DEPARTING THE NORTHWESTERLY R.O.W. LINE OF SAID STATE HIGHWAY 78 ALONG INST. NO. 20060814001155070 529.26' THE COMMON LINE OF SAID LOT 2R1-B, BLOCK A AND SAID LOT 2R1-A, BLOCK A THE STATE OF TEXAS 0.P.R.C.C.T.C.T. / A Ho, I \ 24` COMMON AaEss SPACE---- / vT i / FOLLOWING COURSES AND DISTANCES; COUNTY OF DALLAS § / / ) A CAB. ?R9.ct. 507 / / 7/ / / NORTH 37'54'25- WEST, A DISTANCE OF 350.61 FEET TO A 1/2 INCH IRON ROD BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE SAID COUNTY AND STATE, ON THIS DAY / A WITH ORANGE PLASTIC CAP STAMPED "PIBURN PARTNERS" FOUND FOR CORNER PERSONALLY APPEARED -._. _._ _ _---_ _-__._ , KNOWN TO ME TO BE THE. PERSON �• / / \ )2 N. //V // V�/ /z / ��1 WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE / 4n, A 7%7 / �_k O. SOUTH 09'S835" WEST, A DISTANCE OF 67.64 FEET TO A 1/2 INCH IRON ROD EXECUTED THE SAME FOR THE PURPOSE THEREIN EXPRESSED EXPRESSED AND UNDER OATH STATED THE // o" / AV/ A / // //2 / / CIRS G73 THE STATEMENTS IN THE FOREGOING CERTIFICATE ARE: TRUE. A // // / / WITH RED PLASTIC CAP STAMPED "PRISM SURV INC.' FOUND FOR CORNER 15' WATER EASEMENT * / w i (? `7 a FIRE LANE EASEMENT DETAIL / CAB. N. SL. 376 A k- -L/ 7777 / 77 �\ 0Q AMA \/ CAB. 0, / / `• 0- SOUTHWITH 54'47:41"ORANGE WE PLASTIC CAP DSTANCED OFP 49.50 FEET TO A I BURN PARTNERS" FO INCHD FOR CORNER GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 20t :. P.R.C.C.T. TSL 17 V / / �// 77' --25' BUILDING LINE yVro 37 1/2V / / / / 2- CAB. O. a n '� esP� / SOUTH 79'56'52" WEST, A DISTANCE OF / / /A / vT�/ / �j .V RR.c.at .�Q'V0� Ps M" FEET A TH IRON ROD NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 4 v.:, �/ T. / P�F-/Y - -- - - - �H/ y �� '5- SOUTH 24 REVIO.SED �a�N sso SPACE �L`APV WITH YELLOW PLASTIC CAP STAMPED "NDM" FOUND FOR THE MOST WESTERLY CORNER OF SAID LOT 2R1-A, BLOCK A, SAME BEING THE NORTHEAST CORNER OF Y S r / r -- LOT 1R, BLOCK A, 78 CORNER ADDITION, AN ADDITION TO THE CITY OF WYLIE, p p - 7 COLLIN COUNTY TEXAS, RECORDED IN CABINET 0, SLIDE 17, P.R.C.C.T.; // ,6p205 QS`- // j / "—' - THENCE, SOUTH 80'03'36" EAST, ALONG THE COMMON LINE OF SAID LOT 2R1-B, BLOCK Y � -- / / i{ // Cg12a1 A AND SAID LOT 1R, BLOCK A, A DISTANCE OF 164.68 FEET TO A 1/2 INCH IRON ROD / / / AW _R.ow. LINE WITH YELLOW CAP STAMPED "NDM' FOUND FOR THE MAST WESTERLY CORNER OF SAID �/ // / LOT 2R1- B, BLOCK A, SAME BEING THE NORTHWEST CORNER OF SAID LOT 1R, BLOCK A / O 2 --- / AND BEING IN THE EAST R.O.W. LINE OF COOPER DRIVE (A 50-FOOT PUBLIC R.O.W.); / / 7- / / 3.- ,- RECOMMENDED .- FOR APPROVAL / / / / a F.M. 544 THENCE, NORTH 09158'35' EAST. ALONG THE COMMON EAST R.O.W. LINE OF SAID COOPER / ,<Y`5�L10 i / OLD PLANO ROAD DRIVE AND SAID LOT 2R1-B, BLOCK A, A DISTANCE OF 63.57 FEET TO A 1/2 INCH IRON / / /// (CALLED 120' PUBLIC R.O.W.) ROD FOUND FOR THE MOST WESTERLY NORTHWEST CORNER OF SAID LOT 2R1-B, BLOCK -L11 % A, SAME BEING THE SOUTHWEST CORNER OF A A CALLED 7,500 SQUARE FOOT TRACT OF CHAIRMAN, PLANNING & ZONING COMMISSION DATE // / / // LAND DESCRIBED IN A WARRANTY DEED TO RONALD C. DOW AND WIFE MARYLIN C. DOW, CITY OF WYLIE, TEXAS / /// //7 RECORDED IN VOLUME 1806, PAGE 902, DEED RECORDS, COLLIN COUNTY, TEXAS / / / ,-- (D.R.C.C.T.); / / // / / / /2- 5'7 / / LEGEND THENCE, SOUTH 80'03.47- EAST, DEPARTING THE EAST R.O.W. LINE OF SAID COOPER APPROVED FOR CONSTRUCTION / // --,7--,7 'u' / / DRIVE ALONG THE COMMON LINE OF SAID LOT 2R1-B, BLOCK A AND SAID 7,500 SQUARE / / IRE IRON ROD FOUND FOOT TRACT, A DISTANCE OF 149.98 FEET TO A 1/2 INCH IRON ROD WITH YELLOW -. - 5/8-INCH IRON ROD WITH CAP STAMPED "BURY PLASTIC CAP STAMPED "RPLS 4613" FOUND FOR THE SOUTHEAST CORNER OF SAID 7,500 CIRS + PARTNERS" SET SQUARE FOOT TRACT SAME BEING AN ANGLE POINT IN SAID LOT 2R1-B, BLOCK A; MAYOR, CITY OF WYLIE, TEXAS DATE D.R.C.C.T. DEED RECORDS COLLIN COUNTY, TEXAS THENCE, NORTH 09'59'38" EAST, ALONG THE COMMON LINE OF SAID LOT 2R1-B, BLOCK P.R.C.C.T. PLAT RECORDS COLLIN COUNTY, TEXAS A, PARTWAY WITH SAID 7,500 SQUARE FOOT TRACT AND PARTWAY WITH LOT 1, BLOCK A. WYLIE INDUSTRIAL PARK, AN ADDITION TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, SURVEYOR'S STATEMENT: O P R R P O C T OFFICIAL. PUBLIC RECORDS OF REAL.. PROPERTY, RECORDED IN CABINET A, SLIDE 77, P.R.C.C.T., A DISTANCE OF 14981 FEET TO A 1/2 ACCEPTED COLLIN COUNTY, TEXAS INCH IRON ROD FOUND FOR THE MOST NORTHERLY NORTHWEST OF SAID LOT 2R1--B, KNOWN ALL MEN BY THESE PRESENTS: RECORD INFORMATION PER PLAT RECORDED IN BLOCK A, SAME BEING THE NORTHEAST CORNER OF SAID LOT 1, BLOCK A, WYLIE THAT I, MICHAEL J. MURPHY, DO HEREBY CERTIFY THAT I PREPARED THIS PLAT FROM AN ACTUAL AND (XXX) CABINET 2006, SLIDE 507, P.R.C.C.T. INDUSTRIAL PARK AND BEING IN THE SOUTH LINE OF LOT 3, BLOCK A, OF SAID WYLIE ACCURATE SURVEY OF THE LAND AND THAT THE CORNER MONUMENTS SHOWN THEREON AS SET WERE INDUSTRIAL PARK; MAYOR, CITY OF WYLIE, TEXAS DATE PROPERLY PLACED UNDER MY PERSONAL SUPERVISION IN ACCORDANCE WITH THE SUBDIVISION ORDINANCE OF (CM) CONTROL MONUMENT THE CITY OF WYLIE.. THENCE, SOUTH 81'49'09" EAST, ALONG THE COMMON LINE OF SAID LOT 2R1-B, BLOCK A VOL., PG. VOLUME, PAGE DATED THIS THE DAY OF 2014. AND BLOCK A OF SAID WYLIE INDUSTRIAL PARK, A DISTANCE OF 228.69 FEET TO A CAB., SL. CABINET, SLIDE POINT FOR THE MOST NORTHERLY NORTHEAST CORNER OF SAID LOT 2R1-B, BLOCK A, SAME BEING THE THE MOST WESTERLY CORNER OF THE AFORESAID LOT 3R, BLOCK A INST. NO. INSTRUMENT NUMBER AND BEING IN THE SOUTH LINE OF LOT 5, BLOCK A, OF SAID WYLIE INDUSTRIAL PARK AND FROM WHICH A 1/2-INCH IRON ROD FOUND BEARS NORTH 88'49' WEST, A DISTANCE MICHAEL J. MURPHY, R.P.L.S. TYP, TYPICAL OF 1.69 FEET; TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5724 R.O.W. RIGHT-OF-WAY Preliminary THENCE, SOUTH 37'54'25" EAST, ALONG THE COMMON LINE OF SAID LOT 2R1-B, BLOCK THE UNDERSIGNED, THE CITY SECRETARY OF THE CITY OF WYLIE, TEXAS, HEREBY CERTIFIES THAT THE 0 BENCHMARK This document shall not be REPLAT A, AND SAID LOT 3R, BLOCK A, A DISTANCE OF 318.23 FEET TO THE POINT OF FOREGOING FINAL PLAT OF THE 78 CORNER ADDITION, THIRD REVISION, AN ADDITION TO THE CITY OF recorded for any purpose. BEGINNING AND CONTAINING A COMPUTED AREA OF 2.228 ACRES OR 97,060 SQUARE WYLIE WAS SUBMITTED TO THE CITY COUNCIL ON THE _ DAY OF,------------------------_ _--- STATE OF TEXAS § - WW - WASTEWATER LINE �/ FEET OF LAND. 2013, AND THE COUNCIL, BY FORMAL ACTION, THEN AND THERE ACCEPTED THE DEDICATION OF COUNTY OF DALLAS § For Review Purposes Only / 8 CORNER ADD11 10NI STREETS, ALLEY, PARKS, EASEMENT, PUBLIC PLACES, AND WATER AND SEWER LINES AS SHOWN AND - w - WATER LINE SET FORTH IN AND UPON SAID PLAT AND SAID COUNCIL FURTHER AUTHORIZED THE MAYOR TO NOTE Michael J Murphy 5724S. THIRD REVISION THE ACCEPTANCE THEREOF BY SIGNING HIS NAME AND HEREINABOVE SUBSCRIBED. PERSON PERSONALLYL, THE UNDERSIGNED, A NOTARY PUBLIC N AND FOR THE SAID COUNTY AND STATE, ON THIS DAY wwMeO WASTEWATER MANHOLE Registration 4, No. 5724 BEDOP 48E. F MICHAELINGS MURPHY, KNOWN TO ME TO BE THE PERSON WHOSE. NAME E. April 2014 *NOTES* FOR THE PURPOSE TO 'THE FOREGOING INSTRUMENT.SDEXPRESSED AND ACKNOWLEDGE[) TO ME THAT HE EXECUTED THE SAME CO° WASTEWATER CLEANOUT WITNESS BY HAND THIS DAY OF A.D., 2014 FOR THEREIN EXPRESSED AND UNDER OATH STATED THE THE STATEMENTS IN THE / -I-' LAND HOOK (DENOTES COMMON OWNERSHIP) LOTS 2R2 & 2R3, BLOCK A 1. BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS STATE PLANE COORDINATE FOREGOING CERTIFICATE ARE TRUE. SYSTEM, (NORTH CENTRAL ZONE, NAD83), BASED ON L...EICA GEOSYSTEMS NORTH TEXAS SMARTNET NETWORK, DISTANCES ADJUSTED TO SURFACE USING AN AVERAGE GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS , DAY OF 2014. REPEAT OF LOT 2R1-B, BLOCK A COMBINED SCALE FACTOR OF 0.99985180808. 78 CORNER ADDITION, SECOND REVISION CITY SECRETARY 2. SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY OF WYLIE, TEXAS APPLICANT/OWNER: SURVEYOR: RECORDED IN CABINET 2006, SLIDE 507, P.R.C.C.T. CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF WYLIE-PHS LP GARZABURY, LLC SITUATED IN THE SAMUEL B. SHELBY SURVEY, ABSTRACT NO. 820 UTILITIES AND BUILDING PERMITS. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS 2 HENRY ADAMS STREET, SUITE 450 5310 HARVEST HILL, SUITE 100 CITY OF WYLIE, COLLIN COUNTY, TEXAS 3. EASEMENT WAS NOTED AS ABANDONED BY THE PLAT RECORDED IN CABINET P, SLIDE SAN FRANCISCO, CALIFORNIA DALLAS, TEXAS 75230 2 LOTS - 2.228 ACRES 296. EASEMENT WAS STILL DEPICTED ON THE SUBSEQUENT REPLAT RECORDED IN PH: (972) 295-9140 CABINET 2006, SI..IDE 507. THE SURVEYOR CANNOT DETERMINE IF THE EASEMENT WAS ACTUALLY ABANDONED OR NOT. CONTACT: MICHAEL J. MURPHY, R.P.L.S. TBPLS REGISTRATION NUMBER 10193872 BPI PROJECT NO. 0111335-30010 SHEET 1 OF 1 s:AsurV0111335 fcerA30010 wylieA0111 3 35-3 0 01 0 fpl.dwg plotted by mmurphy at Apr 04, 2014 - 11:19AM ` Wylie City Council AGENDA REPORT Meeting Date: May 13, 2014 Item Number: 2 (City Secretary's Use Only) Department: City Manager Prepared By: Mindy Manson Account Code: N/A Date Prepared: May 2, 2014 Budgeted Amount: N/A Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2014-13(R) of the City Council of the City of Wylie, Texas adopting a Mission Statement, Vision Statement, Values Statement and Strategic Goals. Recommendation Motion to approve, Resolution No. 2014-13(R) of the City Council of the City of Wylie, Texas adopting a Mission Statement, Vision Statement, Values Statement and Strategic Goals. Discussion The City Council met in a Work Session in March 2014 to discuss and draft a mission statement and strategic goals. As a result of that work a Mission Statement, Vision Statement, Values Statement and Strategic Goals were developed. These statements and goals will be the basis for the development of future budgets to ensure that our operations,programs, services and expenditures reflect the direction of the City Council. (Rev 01/2014) Page 1 of 1 RESOLUTION NO. 2014-13(R) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ADOPTING A MISSION STATEMENT, VISION STATEMENT, VALUES STATEMENT AND STRATEGIC GOALS WHEREAS, the City Council of the City of Wylie believes that a vision and direction must be established for the continued success of the community; and WHEREAS, the adopted vision and direction will be the guiding factor for all operations and delivery of service to our citizens; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The following Mission Statement, Vision Statement, Values Statement and Strategic Goals are hereby adopted: Our Mission: Honoring our past; Embracing our present; Planning our future Our Vision: Past: Building on our heritage; Present: Celebrating our home town character; Future: Creating opportunities for our growth Our Values: Integrity: Ethical, honest and responsible; Stewardship: Fiscally accountable; Respect: Value diversity. Our community deserves nothing less. Our Strategic Goals: Health, Safety and Well-Being: Provide an environment that supports safety, health, and well-being for all citizens. Community Focused Government: Adopt innovative ways to engage citizens and improve services based on community values,priorities, and expectations. Economic Growth: Support and grow our local economy. Infrastructure:Ensure plans and resources are in place to meet existing and future needs. Workforce: Provide an environment that supports engaged, high performing employees. Culture: Promote creativity, innovation, and variety through art, music, and literature. Financial Health: Meet the financial needs of the city while maintaining a balanced budget through efficient use of resources, expenditures, and revenues. Resolution No.2014-13(R)—Adopting a Mission Statement—Vision Statement- Values Statement&Strategic Goals Page 1 of 2 Planning Management: Plan for existing and future land use to ensure there are resources to meet the needs while preserving our historic and natural assets. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED this the 13th day of May, 2014. Mayor, City of Wylie, Texas ATTEST: Carole Ehrlich, Wylie City Secretary Resolution No.2014-13(R)—Adopting a Mission Statement—Vision Statement- Values Statement&Strategic Goals Page 2 of 2 Wylie City Council AGENDA REPORT Meeting Date: May 13, 2014 Item Number: 3 (City Secretary's Use Only) Department: City Manager Prepared By: Mindy Manson Account Code: N/A Date Prepared: May 2, 2014 Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2014-18 of the City of Wylie, Texas, amending Chapter 74 (Offenses and Miscellaneous Provisions), Article I (General), Section 74-2 (Smoking and Tobacco Use in Municipal Buildings, Facilities and Vehicles) of Wylie's Code of Ordinances; Prohibiting Smoking in City Property, City Facilities, and City Parks; Prohibiting the Sale of Electronic Cigarettes, E-Cigarettes, and Liquid Nicotine to Minors; Providing for Repealing, Savings and Severability Clauses; Providing for the Publication of the Caption Hereof; and Providing for an Effective Date of this Ordinance. Recommendation Motion to approve, Ordinance No. 2014-18 of the City of Wylie, Texas, amending Chapter 74 (Offenses and Miscellaneous Provisions), Article I (General), Section 74-2 (Smoking and Tobacco Use in Municipal Buildings, Facilities and Vehicles) of Wylie's Code of Ordinances; Prohibiting Smoking in City Property, City Facilities, and City Parks; Prohibiting the Sale of Electronic Cigarettes, E-Cigarettes, and Liquid Nicotine to Minors; Providing for Repealing, Savings and Severability Clauses; Providing for the Publication of the Caption Hereof; and Providing for an Effective Date of this Ordinance. Discussion The City Council discussed different options for the restriction of smoking and the sale of e-cigarettes during a Work Session on March 25th, 2014. After discussion, there was a general consensus to move forward with prohibiting smoking, including e-cigarettes, on all. City owned property and City parks. The draft ordinance also addresses public or private preschools, primary and secondary schools as well as hospitals and healthcare facilities. Should Council not wish to regulate smoking for those entities, the Ordinance can be amended. Council also directed staff to move forward with the preparation of an Ordinance to prohibit the sale of e- cigarettes and use of e-cigarettes to minors. The Ordinance addresses specific issues such as to whether the business owner or employee selling the item is responsible, restrictions on vending machines, fines and enforcement. (Rev 01/2014) Page 1 of I ORDINANCE NO. 2014-18 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 74 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE I (GENERAL), SECTION 74-2 (SMOKING AND TOBACCO USE IN MUNICIPAL BUILDINGS, FACILITIES AND VEHICLES) OF WYLIE'S CODE OF ORDINANCES; PROHIBITING SMOKING IN CITY PROPERTY, CITY FACILITIES, AND CITY PARKS; PROHIBITING THE SALE OF ELECTRONIC CIGARETTES, E-CIGARETTES, AND LIQUID NICOTINE TO MINORS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that Section 74-2 (Smoking and Tobacco Use in Municipal Buildings, Facilities and Vehicles) of Article 1 (General) of Chapter 74 (Offenses and Miscellaneous Provisions) of the City of Wylie ("Wylie") Code of Ordinances, should be amended; and WHEREAS, the City Council has further investigated and determined that all legal notices required for amending the Code of Ordinances have been given in the manner and form set forth by law, and public hearings have been held on the proposed textual amendments and all other requirements of notice and completion of such procedures have been fulfilled; and WHEREAS, the City Council has further investigated and determined that in order to promote the public health, safety and welfare of the City and its citizens, it is in the best interest of the City and its citizens to amend the Code of Ordinances as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Section 74. Section 74 should be amended to read as follows: Regulation of Smoking Section 74-2 Definitions. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Ordinance No.2014-18-Amending Ordinance No.2009-15-Amending Section 74-2 of Article I of Chapter 74 Smoking in Municipal Buildings,Facilities,Vehicles,and Parks Page 1 of 7 Building official as used herein shall mean the city's building official, or his designee, charged with, among other things, the duties of enforcing and administering this ordinance. City as used herein shall mean the city of Wylie, Texas. City park means any property that the city has designated as park land, including but not limited to, public recreation fields, parking lots, pools, playgrounds, concession stands, restrooms, trails and any seating or observation areas located within, abutting and immediately adjacent thereto. City proper, means all real property owned, operated or leased by the city, including, but not limited to municipal complexes, fire stations, police stations, and animal shelters. City facility means any building or facility owned, operated, or leased by the city. Person shall mean an individual, a group of two or more individuals, proprietorship, corporation, partnership, limited partnership, limited liability company, wholesaler, association or other legal entity, or any licensed or unlicensed business. Retail tobacco store as used herein shall mean a retail store utilized primarily for the sale of tobacco products, accessories, electronic cigarettes and e-cigarettes and in which the sale of the other products is merely incidental. Smoke(s) or smoking as used herein shall mean and includes the carrying, possessing or holding of a pipe, cigarette, tobacco product, weed or other plant product, electronic cigarette, e-cigarette or liquid nicotine of any kind of which is burning or emitting a vapor. Section 74.3 Smoking prohibited in certain public areas (a) A person commits an offense in violation of this ordinance if he smokes in any of the following areas: (1) A public or private preschool, primary or secondary school; or (2) City property, city facilities, or city parks. (b) Notwithstanding any other provision of this section, any owner, operator, manager or other person, who controls any establishment or facility in the city, may declare that entire establishment or facility as a nonsmoking establishment by posting a sign that is visible to its patrons. Ordinance No. 2014-18 -Amending Ordinance No. 2009-15 -Amending Section 74-2 of Article I of Chapter 74 Smoking in Municipal Buildings, Facilities,Vehicles,and Parks Page 2 of 7 Section 74.4 Hospitals; health care facilities A person commits an offense in violation of this ordinance if he smokes in any public area of a health care facility or hospital, including, but not limited to, clinics, physical therapy facilities, doctor's offices, nursing and convalescent homes, residential treatment centers/homes and dentists' offices. In bed space areas of health facilities, smoking shall be prohibited unless all patients within the room are smokers and such smoking is ordered on the health care facility's admission form by an attending physician, in keeping with the guidelines established by the facility. Separate ventilation exhaust may be required by the building official to accommodate such orders. Section 74-5 Possession, purchase, consumption or receipt of electronic cigarettes or e-cigarettes and/or liquid nicotine by minors prohibited (a) A person who is younger than 18 years of age commits an offense if the individual: (1) Possesses, purchases, consumes or accepts an electronic cigarette, e-cigarette or liquid nicotine; or (2) Falsely represents himself or herself to be 18 years of age or older for displaying proof of age that is false, fraudulent or not actually proof of the individual's own age in order to obtain possession of, purchase or receive an electronic cigarette, e- cigarette or liquid nicotine. (b) It shall be a defense to prosecution for a violation of this section if the individual younger than 18 years of age possessed the electronic cigarette, e-cigarette or liquid nicotine in the presence of: (1) An adult parent, a guardian or a spouse of the individual; or (2) An employer of the individual, if possession or receipt of the electronic cigarette, e-cigarette or liquid nicotine is required in the performance of the employee's duties as an employee. (c) It shall also be a defense to prosecution for a violation of this section that the individual younger than 18 years of age is participating in an inspection or test of compliance in accordance with Section 161.088, Health and Safety Code. Section 74-6 Sale of electronic cigarette or e-cigarette or liquid nicotine to persons younger than 18 years of age prohibited; proof of age required (a) A person or retailer commits an offense if the person or retailer with criminal negligence: (1) Sells, gives or causes to be sold or given an electronic cigarette or e- cigarette or liquid nicotine to someone who is younger than 18 years of age; or Ordinance No. 2014-18 -Amending Ordinance No. 2009-15 -Amending Section 74-2 of Article I of Chapter 74 Smoking in Municipal Buildings, Facilities,Vehicles,and Parks Page 3 of 7 (2) Sells, gives or causes to be sold or given an electronic cigarette or e- cigarette or liquid nicotine to another person who intends to deliver it to someone who is younger than 18 years of age. (b) If an offense under this section occurs in connection with a sale by an employee of the owner of a store in which electronic cigarettes, e-cigarettes and/or liquid nicotine is/are sold at retail, the employee is criminally responsible for the offense and is subject to prosecution. (c) It is a defense to prosecution under subsection (a)(1) that the person to whom the electronic cigarette, e-cigarette or liquid nicotine was sold or given presented to the defendant apparently valid proof of identification. (d) A proof of identification satisfies the requirements of subsection (c) if it contains a physical description and photograph consistent with the person's appearance, purports to establish that the person is 18 years of age or older and was issued by a governmental agency. The proof of identification may include a driver's license issued by this state or another state, a passport or an identification card issued by a state or the federal government. Section 74-7 Vendor assisted sales required; self-service merchandising prohibited (a) Except as provided by Subsection (b), a retailer or other person may not: (1) Offer electronic cigarettes, e-cigarettes or liquid nicotine for sale in a manner that permits a customer direct access to the electronic cigarettes, e- cigarettes or liquid nicotine; (2) Offer for sale or display for sale electronic cigarettes, e-cigarettes or liquid nicotine by means of self-service merchandising; or (3) Install or maintain an open display unit containing electronic cigarettes, e- cigarettes or liquid nicotine. (b) It is a defense to prosecution under subsection(a) if: (1) A facility or business is not open to persons younger than 18 years of age at any time; (2) A facility or business is a premises for which a person holds a package store permit issued under the Alcoholic Beverage Code; or (3) An open display unit is located in an area that is inaccessible to customers. Ordinance No. 2014-18 -Amending Ordinance No. 2009-15 -Amending Section 74-2 of Article I of Chapter 74 Smoking in Municipal Buildings, Facilities,Vehicles,and Parks Page 4 of 7 Section 74-8 Compliance (a) The building official, code enforcement, police, or other city official designated by the city manager, shall be responsible for compliance with Sections 74-2 through 74-9. (b) The owner, operator, person in charge or manager of any facility regulated by this article shall comply with the provisions of this section. (c) The building official, code enforcement, police, or other city official designated by the city manager, in his sole discretion, may enforce this section by any of the following actions: (1) Serving written notice on the owner, operator, person in charge or manager of any facility, business or agency within the purview of this ordinance, requiring the correction, within a specified reasonable time frame, of any violation of this article; (2) Requesting the city attorney to maintain an action for injunction to enforce the provisions of this article, to cause the correction of any such violation and for assessment and recovery of a civil penalty of such violation, including attorneys' fees; or (3) Issuing a municipal court citation to any violator of this section. The remedies contained herein are cumulative of and in addition to any other remedies that are available to the city at law or in equity. (d) Any person may file a complaint with the city to initiate enforcement by the city. (e) In undertaking the enforcement of this article, the city is assuming an undertaking only to promote the general health, safety and welfare of its citizens. The city is not assuming any duty or obligation, nor is it imposing any duty and/or obligation on its officers and/or employees, nor is it liable in money damages or otherwise to any person who claims that the city and/or one of its officers and/or employees breached any such obligation, and the breach proximately caused injury. (f) This ordinance shall not be interpreted nor construed to permit smoking where it is otherwise restricted by other applicable laws. Section 74-9 Violations and penalties (a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this section to fail to comply with all of its provisions, except for violations noted in paragraph(b) of this section. (b) Any person who violates Section 74-3 or 74-4 of this ordinance shall be guilty of an offense publishable by: Ordinance No. 2014-18 -Amending Ordinance No. 2009-15 -Amending Section 74-2 of Article I of Chapter 74 Smoking in Municipal Buildings, Facilities,Vehicles,and Parks Page 5 of 7 (I) A fine not exceeding $100.00 for the first violation; (2) A fine not exceeding S200.00 for a second violation within a one-year period of the first violation; or (3) A fine not exceeding $500.00 for an additional violation within a one-year period of the first violation. (c) Any person who violates Sections 74-5, 74-6 or 74-7 shall be guilty of an offense punishable by a fine not exceeding $500.00 except minors whose fines shall not exceed $250.00. (d) Each day's violation under this Ordinance shall constitute a separate offense. The penal provisions provided above do not preclude the city from filing suit to enjoin the violation and the city retains all other legal rights and remedies available pursuant to local, state and federal law. SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of , 2014. Eric Hogue, Mayor Ordinance No.2014-18-Amending Ordinance No.2009-15-Amending Section 74-2 of Article I of Chapter 74 Smoking in Municipal Buildings,Facilities,Vehicles,and Parks Page 6 of 7 ATTESTED TO AND APPROVED AS TO FORM: CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Abernathy Roeder Boyd & Joplin P.C. Richard M. Abernathy, City Attorneys DATE(S)OF PUBLICATION:May 21,2014in the Wylie Enterprise Ordinance No. 2014-18 -Amending Ordinance No. 2009-15 -Amending Section 74-2 of Article I of Chapter 74 Smoking in Municipal Buildings, Facilities,Vehicles,and Parks Page 7 of 7 PUBLICTRANSPO TRANSPORTATION SERVICES INI C COUNTY MARCH 6 2014 bb tam, d � a. ^,w ^°...� ,;�m yh�:� a a '� �" .... n.:i "P" ^^.. .; � „ mo o��� „' „u^�*' ., pw" v -, ",m wa n �'u p '>w � u, ., �� r�a' "�" " � °Mv a' rP� ....i ss Aw a2 ar ^ m mre ': aNuw ;?� �. ^ w'P;° d<' f^sm' '� w"' a,'✓nnµ µ " u P ... 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"" "a ^" ^;n">•' 1r• ,aw "..r�o +: wMa "*„:III .. ,ana,„ ,., „: 9 .. ^i m $ " F.,u '.'`, mi�w'"^�w'°"' ,, ".v '� .:III: ,::.,; •" rR• d ar ' Po": .'� ;"ry ,,, arc.:a �a*„ o^: °.',^ .. re:., a5, ., fl +"9"' ay ","�• • .* ,wm�t u " ;" .a*^" �a••.^w��,1� :e�,� �w '� �r^o, �� �w �.� a.. ga^ • � �" � ace s�,, �� w:^ ,v� , (�d „ 7 Education/Days Personal/Shopping/Social are 17% 13% 7 ki#;*ptti‘ki0iittli4 Oftcytklilifilk*ftrtigisA.111;4tIft, "At‘iiiti,,,,Attook;44-4,1i.fr,4*,..zwitiitivAtyeif!tol* medical* tt4Tgiiiitt,1/40iitillootitifiv,,,Rt7,410iffittigoiftilif f* 34% .1tfit'42,40"'t*Piifittii:A4tortitsftliifrItotiot Employment v,g3 6% v,',,,Ic 1 1,ftiftt,te,01.4t4',,,,it,14t1ATki * Medical includes trips to day habilitation g) s• r 1 z ,,,,.,„„„„,,„„,,p#Opti14,," ., 2010 DFW Urbanized Areas: Collin County ___... .,,, ,, ' _ 1 z Weston _ R 1 r. , Celina _ .s. 1 Melissa . _�: Blue'Rid e Prtrspec ", .. _.� � � New Hope 2010 Dallas-Fort Worth- ' ., "/ ,. ^ Arlington Urbanized Area "s McKinney ' 2010 McKinney ; I 0 e,,,7 1 ://;;77 /. Lowry-Princeton M, Urbanized Area M,,:- Faririersville 2010 Non-Urbanized Area Fnsco IIIIIIIIII pill ,, Arren r r s % de, . , - ,f Luca ir s s= 'r �� 1 h 0 1 2 3 4 5 Mlies r� � r St Paul' . Ir � �. / P r �,, �"✓ r '1,,,,- ''''.4, ..",1,/ �p �, Wylie� : t avon rlarin coitral Tams. * `W e , eeurtdi orcoverrnents � Saichardson w qy r co tetorai �.. � dose `:+lr"4M f C.oYmr WigA+..,u -. • # FrTransit ry Moven � a rd ._..,.. ____ ,... ..,......",....... .,.................. .......„„........,.........„.._.... ,• _....._. ... .. •... Collin bounty ,,,,,, „,,,,„ , ,,,,,, „, 1 ,,,„,,,,.„„..,,,, , ,,„„ „, „ . ,_ „,„.„,.„ „,..„,..„,„ ,, „,,„,,,, , .,...„,. :,i„,,, „„,„..„,.,,,, , .„ . „, __,, ,,,,, _ „;,,, 1„ ,-,----", ,,,,,„ ., ,,„. , ,,,, , ,,,„, .tt'tittlet t . t„,,,t.,..„ ,, t. 5..,re.'" a 'a ' Pv'nY FIf Ni ..,, .. E t 3 ., ps, s ",' tS C 9it Rural an d Sall Iran r„ it t ,IiCO ' 4 - oggo ",} Al ps }itltmp i:. fit, `mob.,,,,,, a t 77r s t t x sb 3 r.,.y& II`. r }0 4j a }tt t1 st &ft 4d r�i } tiif{st „,,.� t a } { r,Gztitr�aI{s "" ,¢t;6 tkt'yIr } , 3131t494du � , { ,}3((rl7st,}��t1[ s�}�43' �s i ` ��$It�l�1}�l�t, , it}�,1 i r t�i ikf �' . • t ;" # s r f s s t t 40000 � 0 1 2 3 4 5Mies ' 0,, s-4, £}}t J }tY n it tft"" }}rs}, ) x� -. �� a }ids" d} �},� j 41t c �,m 0 - �1"VIg t ti xtit It } „yP , ,,, fig,, t tt >f . 1 „0..` f }t �ir4 �� � a '' ^ rtt a}t\Y i'" �t'}`ls2�r1 `'{r1 .}�{1tl{ltn } .gt s �? "— . at"'�t' ; t`. r0" ;;.`t tr}tlAtttr` t^,�� tr, v4 rr.11149ASIF t rl i s 1 ..8`':'ra `:Ra'.:" ,, irc — Councilo of G vTexas ern —. of Governments '.` ,'�� d" 'f` �i�0 ..� },i ,/,or, .,rf "+,iitph t,j l b lk` S"M J�"+k i' rcFn ,!C"� ) . t '' �.clavaN Council 4117 • E:ITxDOT Funding 'Urbanized Area Requiring Local Match Plano, DART Member City Maintain Existing Level of Service: Estimated Value 0 fOperations , " a .�fi , : t� . -y , � r „ d' . I ' fin w. ..;r * ^ y ! ; v°tv a 'm " r " � �..,: .;^, ma fi, Mm u' ^ ! 3 ,., '$. r ". r ^ " i' ",'. �, '". •y„' •x Su *. •d, ..o k,;g• ., '^ • v; e $ �i r . cl i�,i� lbs^"e gM ,a^", r„ , per Moll :p` �'k. " " Allen 800-900 More than 200 $255,000 - $355,000 Frisco, Plano 500-700 100-150 $ 150,000 - $215,000 Wylie 100- 150 50-75 $85,000 - $ 1 10,000 Fairview, Murphy 30-40 10-20 $20,000 - $30,000 Lavon, Lucas, Parker, Sachse, St. Paul Fewer than 15 Fewer than 10 Less than $ 10,000 * Assumes limiting service supply to existing levels Based on industry standard $25-$35 per trip in Allen, Frisco and Plano Based on industry standard $50-$65 per trip in all other cities Managing Transitosts Increase financial or in-kind participation from public and private partners including : Large employers Large housing or industrial developments Social service agencies Public service agencies such as housing or courts Modify service structure by limiting hours of service, geographic coverage, eligibility Transit Service and 4, Consider lions 0 a . ..„,„ ,,,„,,,,„,p„.„,„,„,„„,,r,„,:„.„.„,,,,,,„,,,,,,,„:„„:„ TAPS demand-response service and Yellow Cab Taxi Voucher Program funded through September 30, 2014 ' What service meets your communitys needs moving forward? Consider: Who may use transit services? Why are they traveling (commuter vs. community access)? Where are they going? How often will they use it? Are there opportunities to coordinate or integrate services (e.g. demand response feeding into route-type service) Potential costs include capital investments, start-up for new programs and ongoing operations n itService r� ';," "',""",&'� """,,'::: "" ,"'' k ,:,.b" ,.,": ., '" n"- - "�"� ::,'8"'M'^'MM9 ,,„nM" :: vT": M """" nab ^'"w",nu ",Yn"NrX�, "':dv' ,�a°* 13 µ . .. rv.� .. yw PoK 9 " area R de s Service $e vi a Type Communityµ o f per Overall �!!! Design M Members "ri Cost :. M � N beeritalg 1' Specialized Curb-to-Curb E.) $$ SS$ fir ,� Dial-A-Ride Commuter 414MUNISVM � ((>kC�,:4f tkt} tt J}�t f Express or Limited SS i.i k 1 ,� ' ,'''. '#SCs�s`74'SkrZ�tSj4t`(1{iM}14 Ekt(i l slt4lyt,i s}a}s top Bus Le.) General Public Local Bus Routes (Fixed or Flex 888 S SS$ Routes) wA Cities determine what type of service is desired, meet with TAPS and NCTCOG staff to discuss options zan o Cities notify TAPS and NCTCOG of intention to participate in funding public transportation by April 30, 2014 and include funding in city budgets TAPS and NCTCOG coordinate on federal funding for transit services Service is continued, modified or terminated on October 1 , 2014 Cities and TAPS monitor, evaluate and modify service as needed Staff NCTCOG TAPS Jessie Huddleston Brad Underwood Program Manager CEO/Executive Director (817) 608-2399 (903) 893-4601 jhuddleston@nctcog.ora BradUnderwood@tapsbus.com Sarah Chadderdon Tim Patton Senior Transportation Planner Chief Operating Officer (817) 695-9180 (903) 868-9182 schadderdon@nctcog.ora timpatton@tapsbus.com 4ii, rf bi 1,� 4 k>C000 to `�2 4, d x.. Wjtf d W'#' ��u u f4� 4 1S!t y ' � { �r is gi .i � 40 (�' 4 }l} tt s n Pa t; {00,' 0'1 . ANSIT . .,..nirj,g,fil.', —0.00 000'00 44444i}( Y n' y,t 4 i f� },PUBLIC i,, s4 ,,,,,,,,,,,,,, er ,,,,.„-,,,,,,,,,,:,,-,,,,,, ,,,, ,,,,,,,,,,.„,:„:,,,,,,,, ,,,- ..,,,i ,--,,,,,,, ',,,: ,,,...,,,,,,,,,,,,,,,„ ",,,, .,,,,,,, „„ . ., ,„., ,,,,,„ ,. , ,,,,,,,,,,,,,,,, i �t 1L / • fj erp( St , ofision or a ri S s f,,t' ` �'' "uAwui a1F g, �'2a tt4 t t i�tr1}�rg tr z's: 1S s t '''''''''''' z�r J St . �, ytf, j„ti t , t rp-�: £i, ,„,}�ls " + #s tt ,R tr. # aaiS r ;,,,,„,,,,,,,,,,,,,,,,,,,,„,„„,,, 0 t ,3 t t c t 41,} y% tpr ,Vrr f0 ,,r �d ; i ftts }or t , r fr r"� t rr 000404 t � 400044040444,444, P r3 O aa .r1 ( 00400 S4,t ,0 ; , f 0 , .: t 4 r{ ft, 1 t '§0040+001 ti a 04004040404,4 r } 00,00000000000440000 rr' k 6 04s 144r s B A lN E ,1,44O fit4ift,044 :«� `t.f,1 urs ` t}uu7U ,? �,,,, r} ixh,.;, :^t,«` ri a. .6 ',10 4,,4>, Key • Demographics/Unmet Needs • Service and Fundin • CapturingDemand • ProjectingRidership ( • Cost vs . Value ■ ■ • Guidg in Growth ot,o, G clot PUBLIC TRANSIT • eueuC TRANSIT • Demographics St. Paul Wylie and St. Paul:Transit Access Improvement Tool Scores with Zero Car Households Wylie Small elderly population: <2% Small elderly population: <5% v.. Transit Access Improvement Tool Score Median a• ge: 40 ,-3 Median age: 31 • • Median household income: $72k pp 71'20 Median household income: $75k •• Per capita income: $29ktz Per capita income: $26k �„ dSTATE EkWY 76 a,-ea ;i ✓tea s,-ea • .r t f��}'ar '333m Races inSi. Paul,. � , mui Ili ei-h Races in Wylie, TX 101-120 71-,Ap ... Percent Zero Car H ouseholtls Below Regional.Average(5.k5%) White alone white Icrt /�a eRes,�ainver q (5A5%) 4t#4t fi r f it8;{0lt,t~88448l tittsyt 84888477}' .. :� ttt"t 4i:G{t,ftttr t Ft�t rtl{ tt}#t i 735{'}jr{r t rkd iY, t tt � tr{r rt yyr tt#A}z�r7 stj st{'{#ri t ( � f+,' ,• rtjr48"£}r}d(tyirAS'jjri Jj0, F?�#id�, .. ,,,.;Jk, ,.' ;"� ,.tyu4r�fEt bt2ttrr#t}( r2f{;yU7tr{t{tis}ft}E It; � „� }t}t,i fi' Eita €§}3jE, }ra f ti,,, t: -... ...._. .. }y{ {71Stpo tt trAWt A#t t( ,t.. } # s 7 i {t� tr r r / ��i'. •i,,• `, i ,i{} trta,Ism, l 4AY�}1{ttl0 i{r{ 1, t#7. t I/• ?:� is;sins I #tit ti�rir r;tr}'itr ;;rr f f.' r tr i�,`t:f}::::!0::: t {tti titt t7t f t7$a.r#I;tis4s i#jt}w ,i+ ttitt}rtftitr #.r„ {c,,.ts.t,,:ir.;�:qth rG-a 6 O5 i 15 sli}f ; $}t} t} t„,t{}},rtttati,r.�,t ilt r ; } fri„itrt -`" ...Y+ tllli4llYkLa6}�Y„uw d I ti t tot{ ' '„ `y„ " 't4, rtit(} is if#tiff}}t}t 5R STFE �ti �,a" -. ,,rt itt# ftf}t, t Miles t f is r rat is far 3 t €i}ittti tt� -ioo r{' e , t.„ 'i, }�r i£ ., t t _ _ �� tk„,`.}i#}s{ b tr 5�}3 Ittrft,,{t aft{Ytt _ xr ff { Q NortWi Centi^al Taxas ?, f r 3 t,}, ,t ,t Black along �until nrGov..nmen� u: 7 fL tSF ,t { Sj{t �i 1`� }t� EIAt•iegeniia-. 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Specialized C rb.to-Curb it E)3 4',„ f r`n "` Paratransit Commuter �{ �� t ����jF,� �`F ,t t£+r Express or Limited 18(!).] ,,...., Lt z,, ' Ree.4 i k4: tja ti z{r6 t} � }w� ' Stop u } i i {i t ,$ r,a:I7 tts�i"'t 'i rya, . Duns:.. d ;d.➢+F' General ubli titit.:5.,,.,.,;',,e,+piir.,,,:;,',.:,;„;;;$,'.....!,...,..,:......r:':.'.:..:',.::. „ ' tli, i (Fi.xed or Flex LEL ,., ,t.3 , ,), 13 il Routes) PUBLIC TF4ANSIT. i 7 'ir ,.:, PPTtpa PUBLIC TRANSIT Funding 0 COG will assist with capital items _.:._... 2010 DFW Urbanized Areas: Collin County Is 8o/2o matching requirement will be - - - - -- supported with TDCs .: Heston , i ` � 1 6�eR'd . f Operating challenge Per , N Hype 2O14 @atlas Fasrt vMFtrttti- • On (y formula funding available is ; „ _ rant un7ela d �� 'CmssPaig edtyrr � q}.�Fmt�;--„,.- 2(M96�1�K�ictey r h�fcR�nor�ey ., f:T F iview, - -,u. ' 201s e d�tr :,•,.',.....:..,':•,,................. .............. through fixed routes tvvoyears from ;r f 'f , A. Non,-Urbanized Fnsca ', .,-,.,. ..,„,..,..,p....., t<< �start date r� � � d vl o f°7bti 3t 'f�` , '+"�, 'N, Josephine,' r tl ■ ■ 'F'tararx � V Paake0-St Pay@ r .` _.Nevada,�-"- 1 1: ��5o. 5o matching requirement �� , , Lvo ". W p n"' ,�: x Ccuncll Of 4wremrnerft m No federal fundingfor DR in Dallas ..... U•ZA rr� p,, ,.,1: w ,ti Demand - Response : Collin County • TAPS to provide DR services until Sep. 201.4 • Not addressing latent demand • Not actively advertising • Yellow Cab Taxi Voucher Program 1089' 2639 5500 2639 4466 4394 4419 3815 3191 5273 5500 GO-t wv f nq, r�+ rn:,« '\.. ,� F„ / �.. ,,Y 1 „S :., (. \o':r :, r, �: � , /r o- „1..: ;.."tZ ,.✓ ,4 ,,.,,.J ,..� , :,,/ ',( (t.. aPS- PUBLIC TF4ANSIT Demand - Response : Wylie , St . Paul 4 4 . 4271 ° • TA P s DR voucher program total growth average growth • 66 total voucher trips in this period • No paratransit trips • Zero Advertising ,YS 38 4 k� ,,, .52,.�i„ rlr:,.., r7,r, 32 177 78< 144, i10 PPlaPab'' flkifr PUBLIC TRANSIT' 1rt trti '' Ridership ', „„,,,6 57% �` Destination CityTrip Purpose 5 /0 [1 0 57 • Wylie: 56% • McKinney: 18% z , tn (01.10 :,„..............,,. • Allen: 11% ig,}t.x } liSi;`Y AT h c }r{ff{ • Murphy: /o • Farmersville: 3% Other: 3% � ! w ' s g t o G.!tPa PUBLIC TRANSIT 0 S t v s ■ a u e Ridership Operating Cost Value Service Fiscal Fiscal2016 Service Fiscal2015 Fiscal2016 Service Fiscal 2015 Fiscal 2016 Level 2015 Level Level Control 3,696 4,056 Control $30,500 $33,400 Control s185k-240k $203k-264k +1 4,435 4,879 +1 $36,600 $4.0,300 +1 $222k-288k $244k-317k \\ \ \w\ \ �` ^ w ��\. iriltilP \ Based on industry standard $5o$6a per trip / \ ? Guiding Grow • Allow DR to fully absorb latent demand • Maintain demand • Visit connectivity with response load • Capital investments neighboring cities • Increase DR exposure a k lAit00 „.1.ktotc v,444„4„s,,,„,,,A4A,,ytoy 0 0 ,00 Y t , ep 3#§ ^",ate rl Questions/Comments TAPS PUBLIC T 4 ; �v 4 tc5_ your eyes on the stars,and your feet on the ground." t)1, Theodore Roosevelt r*UB TRANSIT � dq